Pete Domenici

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I ask unanimous consent that the Subcommittee on Seapower of the Committee on Armed Services be authorized to meet during the session of the Senate on Tuesday, May 6, 2003 at 3:30 p.m. in closed session to mark up the Seapower Programs and Provisions contained in the Department of Defense Authorization Act for Fiscal Year 2004.

Mr. DOMENICI. Mr. President, I ask unanimous consent that the Special Committee on Aging be authorized to meet on Tuesday, May 6, 2003 from 10 a.m. to 12 p.m. in Dirksen 562 for the purpose of conducting a hearing.

Mr. DOMENICI. Mr. President, I ask unanimous consent that the Subcommittee on Emerging Threats and Capabilities of the Committee on Armed Services be authorized to meet during the session of the Senate on Tuesday, May 6, 2003 at 2:30 p.m. in closed session to mark up the Emerging Threats and Capabilities Programs and Provisions contained in the Department of Defense Authorization Act for Fiscal Year 2004.

Mr. DOMENICI. Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Tuesday, May 6, 2003, at 9:30 a.m. on Media Ownership in SR- 253.

Mr. DOMENICI. Mr. President, I ask unanimous consent that the Committee on the Judiciary Subcommittee on the Constitution, Civil Rights and Property Rights be authorized to meet to conduct a hearing on ``Judicial Nominations, Filibusters, and the constitution: When a Majority is Denied its Right to Consent'' on Tuesday, May 6, 2003, at 2:30 p.m., in the Dirksen Senate Office Building, Room 226. Panel I: The Honorable Arlen Specter, U.S. Senator (R-PA); The Honorable Charles Schumer, U.S. Senator (D-NY). The Honorable Zell Miller, U.S. Senator (D-GA). Panel II: Mr. Steven Calabresi, Professor of Law, Northwestern University Law School, Chicago, Illinois; Mr. John Eastman, Professor of Law, Chapman University School of Law, Director, Center for Constitutional Jurisprudence, Orange, California; Mr. Bruce Fein, Esq., Fein & Fein, Washington, DC.; Mr. Michael Gerhardt, Hanson Professor of Law, William & Mary School of Law, Williamsburg, Virginia; Ms. Marcia Greenberger, Esq., Co-President, National Women's Law Center, Washington, DC.; Mr. Douglas Kmiec, Dean of the Columbus School of Law, The Catholic University of America, Washington, DC.

Mr. DOMENICI. Mr. President, I ask unanimous consent that the Joint Economic Committee be authorized to conduct a hearing in Room 628 of the Dirksen Senate Office Building, Tuesday, May 6, 2003, from 10 a.m. to 1 p.m.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, those of us privileged to represent our fellow citizens on this hallowed floor get far too few opportunities to help usher in visionary projects that can potentially transform communities, both of man and of nature. I rise today to tell you about a project that has been discussed before on this floor; I bring it to your attention again because I believe it's a project worth doing and worth doing well. It concerns one of New Mexico's unique natural treasures: the Middle Rio Grande Bosque. According to an old Chinese Proverb, ``if you are thinking 1 year ahead, sow seed. If you are thinking 10 years ahead, plant a tree. If you are thinking 100 years ahead, educate the people.'' The bill I am introducing today encompasses the wisdom of this proverb. Two years ago, I joined the Middle Rio Grande Conservancy District and the Army Corps of Engineers in unveiling a vision for the Bosque that would rehabilitate and restore this long neglected treasure of the Southwest. I return here today to begin implementing that vision. The Albuquerque metropolitan area is the largest concentration of people in New Mexico. It is also the home to the irreplaceable riparian forest which runs through the heart of the city and surrounding towns that is the Bosque. It is the largest continuous cottonwood forest in the Southwest, and one of the last of its kind in the world. Unfortunately, mismanagement, neglect, and the effects of upstream development have severely degraded the Bosque. The list of its woes is long: it has been overrun by non-native vegetation; graffiti and trash mar locations along its length; the drought and build up of hazardous fuel have contributed to an increased susceptibility to fire. As a result, public access is problematical and crucial habitat for scores of species is threatened. And yet, it remains one of the most biologically diverse ecosystems in the Southwest. My goal is to restore the Bosque and create a space that is open and attractive to the public. This is a grand undertaking to be sure; but I want to ensure that this extraordinary corridor of the Southwestern desert is preserved for generations to come: not only for generations of humans, but for the diverse plant and animal species that reside in it as well. Situated in the heart of the State's largest city, its potential to be a special attraction for residents is exciting. Equally exciting are the potential benefits to the ecosystem as a whole. The rehabilitation of this ecosystem leads to greater protection for threatened and endangered species; it means more migratory birds, healthier habitat for fish, and greater numbers of towering cottonwood trees. This project could be one of the far too rare opportunities to both increase the quality of life for a city while assuring the health and stability of an entire ecosystem. We would be increasing the attractiveness of Albuquerque to businesses while improving the home of the Silvery Minnow. Where trash is now strewn, walking paths and horse trails will run. Where jetty jacks and discarded rubble lie, cottonwood will grow. The dead trees and underbrush that threaten devastating fire will be replaced by healthy groves of trees. School children will be able to study and maybe catch sight of a bald eagle. The chance to help build a dynamic public space like this does not come around often, and I would like to see Congress embrace that chance. Having grown up in along the Rio Grande in Albuquerque, the Bosque is something I treasure; and I lament the degradation that has occurred. Because of this, I have been involved in Bosque restoration since 1991 and I commend the efforts of groups like the Bosque Coalition for the work they have done, and will continue to do, along the river. I propose to build on that rehabilitation. The effort I put in front of you today is a logical complement to these previous efforts as well as towards Bosque revitalization, restoration, and recovery for the entire Rio Grande. Already work is underway. Over the past two years, the Army Corps of Engineers has undertaken the task of conducting a study so that we might gain a better understanding of how best to rehabilitate and restore this beautiful Albuquerque greenbelt. I remain grateful to each of the parties who have been involved with this idea since its inception. Each one contributes a very critical component. The Middle Rio Grande Conservancy District owns this vital part of the Bosque which runs from the National Hispanic Cultural Center north to the Paseo Del Norte Bridge. The MRGCD has proven to be a valuable local partner in identifying areas for non-native species and other environmental restoration work. Additionally, MRGCD continues to work on the development and implementation of an educational campaign for local public schools on the importance of the Bosque. Finally, MRGCD has continually worked with all parties to provide options on how the Bosque can be preserved, protected and enjoyed by everyone. The Army Corps of Engineers is developing a preliminary restoration plan for the Bosque along the Albuquerque corridor. The plan is well underway and is moving towards the development of a feasibility study. Specifically, this bill authorizes $10 million dollars in fiscal year 2004 and such sums as are necessary for the following nine years to complete projects, activities, substantial ecosystem restoration, preservation, protection, and recreation facilities along the Middle Rio Grande. I urge my fellow members to help preserve this rare and diverse ecosystem and to aid the city of Albuquerque and the State of New Mexico in building a place to treasure. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, those of us privileged to represent our fellow citizens on this hallowed floor get far too few opportunities to help usher in visionary projects that can potentially transform communities, both of man and of nature. I rise today to tell you about a project that has been discussed before on this floor; I bring it to your attention again because I believe it's a project worth doing and worth doing well. It concerns one of New Mexico's unique natural treasures: the Middle Rio Grande Bosque. According to an old Chinese Proverb, ``if you are thinking 1 year ahead, sow seed. If you are thinking 10 years ahead, plant a tree. If you are thinking 100 years ahead, educate the people.'' The bill I am introducing today encompasses the wisdom of this proverb. Two years ago, I joined the Middle Rio Grande Conservancy District and the Army Corps of Engineers in unveiling a vision for the Bosque that would rehabilitate and restore this long neglected treasure of the Southwest. I return here today to begin implementing that vision. The Albuquerque metropolitan area is the largest concentration of people in New Mexico. It is also the home to the irreplaceable riparian forest which runs through the heart of the city and surrounding towns that is the Bosque. It is the largest continuous cottonwood forest in the Southwest, and one of the last of its kind in the world. Unfortunately, mismanagement, neglect, and the effects of upstream development have severely degraded the Bosque. The list of its woes is long: it has been overrun by non-native vegetation; graffiti and trash mar locations along its length; the drought and build up of hazardous fuel have contributed to an increased susceptibility to fire. As a result, public access is problematical and crucial habitat for scores of species is threatened. And yet, it remains one of the most biologically diverse ecosystems in the Southwest. My goal is to restore the Bosque and create a space that is open and attractive to the public. This is a grand undertaking to be sure; but I want to ensure that this extraordinary corridor of the Southwestern desert is preserved for generations to come: not only for generations of humans, but for the diverse plant and animal species that reside in it as well. Situated in the heart of the State's largest city, its potential to be a special attraction for residents is exciting. Equally exciting are the potential benefits to the ecosystem as a whole. The rehabilitation of this ecosystem leads to greater protection for threatened and endangered species; it means more migratory birds, healthier habitat for fish, and greater numbers of towering cottonwood trees. This project could be one of the far too rare opportunities to both increase the quality of life for a city while assuring the health and stability of an entire ecosystem. We would be increasing the attractiveness of Albuquerque to businesses while improving the home of the Silvery Minnow. Where trash is now strewn, walking paths and horse trails will run. Where jetty jacks and discarded rubble lie, cottonwood will grow. The dead trees and underbrush that threaten devastating fire will be replaced by healthy groves of trees. School children will be able to study and maybe catch sight of a bald eagle. The chance to help build a dynamic public space like this does not come around often, and I would like to see Congress embrace that chance. Having grown up in along the Rio Grande in Albuquerque, the Bosque is something I treasure; and I lament the degradation that has occurred. Because of this, I have been involved in Bosque restoration since 1991 and I commend the efforts of groups like the Bosque Coalition for the work they have done, and will continue to do, along the river. I propose to build on that rehabilitation. The effort I put in front of you today is a logical complement to these previous efforts as well as towards Bosque revitalization, restoration, and recovery for the entire Rio Grande. Already work is underway. Over the past two years, the Army Corps of Engineers has undertaken the task of conducting a study so that we might gain a better understanding of how best to rehabilitate and restore this beautiful Albuquerque greenbelt. I remain grateful to each of the parties who have been involved with this idea since its inception. Each one contributes a very critical component. The Middle Rio Grande Conservancy District owns this vital part of the Bosque which runs from the National Hispanic Cultural Center north to the Paseo Del Norte Bridge. The MRGCD has proven to be a valuable local partner in identifying areas for non-native species and other environmental restoration work. Additionally, MRGCD continues to work on the development and implementation of an educational campaign for local public schools on the importance of the Bosque. Finally, MRGCD has continually worked with all parties to provide options on how the Bosque can be preserved, protected and enjoyed by everyone. The Army Corps of Engineers is developing a preliminary restoration plan for the Bosque along the Albuquerque corridor. The plan is well underway and is moving towards the development of a feasibility study. Specifically, this bill authorizes $10 million dollars in fiscal year 2004 and such sums as are necessary for the following nine years to complete projects, activities, substantial ecosystem restoration, preservation, protection, and recreation facilities along the Middle Rio Grande. I urge my fellow members to help preserve this rare and diverse ecosystem and to aid the city of Albuquerque and the State of New Mexico in building a place to treasure. I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I rise to pay tribute to Army PFC Lori Piestewa from Tuba City, AZ. Private Piestewa was killed in action during Operation Iraqi Freedom on March 23. As the first Native American female member of the U.S. Armed Forces to lose her life in combat, Lori's sacrifice is historic. It is also a source of tremendous inspiration for our country's Native American population, many of whom reside in New Mexico. I think most are now familiar with the story of the 507th Maintenance Company that was ambushed near An Nasiriyah. It was during this attack that Private Piestewa lost her life in defense of our country. The daughter of a Vietnam veteran, and the granddaughter of a World War II veteran, it is no wonder that she would volunteer to confront the threats facing our country. Obviously, patriotism runs deep in the Piestewa family, and it was surely this proud family history that inspired Lori to heed the call of duty. As I read some of the reports about Lori Piestewa's life, I noticed that as a youngster, she participated in a program called Futures for Children. This program, which I have been privileged to support over the years, is focused on empowering Native American high school students to be leaders and role models in their community. Clearly, Private Piestewa was the embodiment of what this program stands for-- both as a leader and as someone young people can pattern their lives after. I would encourage students in places like Tuba City, AZ, or Shiprock, NM, who want to make important contributions to their community, to look at the example set by this courageous young woman and consider participating in Futures for Children. Mr. President, the fact is that at 22, Private Lori Piestewa was, herself, still a young person. But her belief in service and her sense of duty went well beyond her years. Hers is a life of which her family and, indeed, all Native Americans can be extremely proud. The prayers of a grateful nation go out to her family and friends at this very difficult time.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Committee on Energy and Natural Resources. The hearing will be held on Tuesday, May 6, at 2:30 p.m. in Room SD- 366 of the Dirksen Senate Office Building. The purpose of this oversight hearing is to receive testimony on Department of the Interior programs addressing western water issues. Contact: Shelly Randel at 202-224-7933 or Jared Stubbs at 202-224-7556. 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.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I rise to congratulate the distinguished chairman of the Budget Committee. Frankly, no matter how difficult, we did produce a budget resolution. Obviously, it is less than unanimous in terms of the likes and dislikes for this proposal, but I submit it is far better for the Senate and for the people of this country that we have a budget resolution than we not have one at all. Obviously, there will be opportunities to differ during the year, and there are provisions that will be difficult to maintain and to enforce. The truth is, we do know when we do not have a budget resolution, regardless of how contentious it is, we are inviting chaos. We are inviting a delay in almost every one of the processes that are ordinary and normal to this case without a resolution. There are plenty of Senators who do not agree with that. That is why the vote is 50/50. That is exactly what voting is for. Someone wins; someone loses. In this instance, the Vice President did what is provided for in our Constitution, provided the one-vote majority, and now we have a budget resolution. I am hopeful that the implementation of that budget resolution, contrary to what has been said this evening by the other side, will be good for this country. I am confident that it will be better for this country than not to have one. Of that, I am positive. Could there be a better one? Maybe, but there cannot be a better one and get votes in the Senate to have that as a budget resolution. If we could, we would have. This is the best we can do. I compliment Senator Nickles, the new chairman, and all who worked with him. Obviously, the decorum, the demeanor, in getting this done requires more than a chairman. It requires a ranking member and the ranking member deserves our accolades. In addition, I guarantee there are plenty of staff hours and toil and work on both sides of the aisle that went into this resolution. I commend each and every one of the staff who worked so hard to get us to this point. Last but not least, I commend the majority leader for his dedicated and diligent work in helping the chairman get us to where we are today. I yield the floor.

Mr. DOMENICI. Mr. President, I compliment my friend from Oklahoma and the Chairman of the Senate Budget Committee on a job well done. He has skillfully navigated a difficult course to produce the budget conference report before us today. Congratulations. I would like to raise the issue of mental health parity as the Senate debates the FY 2004 Budget Resolution Conference Report. It is my understanding the conference report before us assumes the revenue impact of enacting a mental health parity law by using the Congressional Budget Office score for S. 543 from the 107th Congress of $5.4 billion over 10 years. However, I want to make sure that this is indeed the case because the assumption I just mentioned is not specifically referenced in the conference report. Rather, the overall revenue number is such that it assumes Congress will pass mental health parity legislation.

Mr. DOMENICI. I thank the distinguished Chairman for his consideration and explanation of this important matter.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, at the time Senate Report No. 108-21 was filed for S. 212, High Plains Aquifer, the Congressional Budget Office report was not available. For the benefit of the Members and the public, the following link to the CBO report is: ftp://ftp.cbo.gov/ 41xx/doc4123/s212.pdf.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I rise to address Senator McConnell, the chairman of the Foreign Operations Appropriations Subcommittee, about the Antiterrorism Training Assistance Program, or ATAP. I note that the supplemental appropriations bill includes $52 million for the State Department to establish the Center for Antiterrorism and Security Training (CAST) in Maryland. These funds were deferred from the Consolidated appropriations Resolution for Fiscal Year 2003 with the understanding that they would be included in an appropriate vehicle, which is this bill. CAST will be a central training academy for the State Department. It will be a while before the new center is operational, which makes it difficult for me to understand the actions of the State Department to eliminate and scale back existing antiterrorism training programs that have been successfully carried out by Louisiana State University (LSU) and the New Mexico Institute of Mining and Technology (New Mexico Tech) for the past several years. In fact, LSU has been carrying out this training for the State Department for over a decade. New Mexico Tech has partnered with LSU since January 2000. The State Department has relocated the Hostage Negotiations Program from New Mexico Tech to LSU, and it has advised New Mexico Tech that it will relocate the Rural Border Operations Course to a facility on a military base in Albuquerque.

Mr. DOMENICI. Mr. Chairman, this makes no sense to me as this Nation contiues to fight the war on terrorism and is now engaged in a war against Iraq. The antiterrorism training programs are more critical than ever, and they should continue to be carried out at LSU and New Mexico Tech, which have run successful programs for the Department of State for years. Mr. Chairman, would you agree with me that it is premature to withdraw current antiterrorism training assistance courses out of LSU and New Mexico Tech during these troubled times?

Mr. DOMENICI. I thank the Chairman and Ranking Member for their interest in, and assistance on, this most important issue. Surplus Food Aid to Iraq

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. DOMENICI. Mr. President, I understand it is appropriate to speak in morning business.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I came to the floor to say a few words about Senator Patrick Moynihan. Obviously, I didn't know him for all of his very successful and rather stupendous life, but I knew him rather well for that portion spent in the Senate. Even as to that portion, it was not my privilege to spend a great deal of time on the same committees with the Senator. But it was obvious to me he was a very big man, not big only in stature--he was very tall--but clearly he spoke eloquently and could grasp the situation with a demeanor and in a manner that was not very common and ordinary here. From my standpoint, we struck up a friendship principally based upon his asking me a lot of questions about the budget and about my work as chairman or ranking member on the Senate floor. Today it was my privilege to attend, with my wife Nancy, his funeral mass and some of the other ceremonial events that bid him goodbye. My wife Nancy and I got to share with his marvelous wife Elizabeth; everybody calls her Liz. We had had on one occasion as couples an opportunity to travel with Senator Moynihan and his wife and others on a very lengthy trip that included China and other parts of the world, Japan. It was rather marvelous to have him regale us with stories and tales and history as we would be traveling from one country to another. When he was around on those kinds of events, you didn't have to have books to read. You would just get a seat close to him and ask questions, and he would tell you something significant, different, important, something you clearly never would read and never had heard. We all miss him. There is no doubt about it. One day I recall the close of a budget session, a long debate on the budget. Final passage came up. It had been a very arduous and difficult one, much like the last one we just experienced, but more so. I had counted votes and thought I would win. I thought I would get 51 votes, which is what I needed. I noted that during the time of the debate and in particular the closing, Senator Moynihan had listened a little more than I had expected. No reason for him to do that. Senators were in and out. I had also noticed during the course of events that he would stop by and talk with me and say something to me about what was going on. The vote occurred, and I was not paying attention to the vote. I knew I would get the votes necessary. But when the votes were counted, I had one more than expected. So I asked, who was that; what happened? Somebody on the other side of the aisle, without saying much and perhaps without talking to his own leadership, had voted for the resolution. Sure enough, it was Patrick Moynihan. I didn't have a chance then to say anything to him, but later on, I purposely found him and thanked him, and I asked him what was that all about. He said: Well, to tell you the truth, that Budget Act is too confusing and confounds everybody. You worked too hard to try to get it done, and you made an awful lot of sense. I just decided that regardless of the philosophy, that was enough for me to vote for the budget resolution, in the sense that I was just voting for you. Things like that don't happen very often. I am sure everybody has stories similar to that and more so. Today, as we attended the funeral mass, there were literally hundreds of people from all walks of life-- kind of befitting what he had done and the life he had lived. On one side I noticed the Secretary of Defense had kind of eased his way into the church and was kneeling on one side there in an inconspicuous way-- many ambassadors, a lot of Senators, a very large entourage of Senators. Perhaps as many as 10 former Senators from our day who now live somewhere else doing other things had found their way into Washington to be there. I choose today for these very few moments to say thank you to him for his great service in the Senate, to his family, and particularly to his wife, who obviously sacrificed greatly while he was being a Senator. She, too, has a profession of her own and was somewhat restrained and had to live more of a life in Washington, tied sort of to his career, than she had at other times in her life. But from what I have gathered, they were both great citizens and very pleased and proud to be part of this Senate. I thank him and bid him adieu. I suggest the absence of a quorum.

Mr. DOMENICI

Mr. DOMENICI. Thank you.

Mr. DOMENICI. Thank you.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, the Budget Act is 25 years old and 22 times we have used reconciliation, and of that 22 times, 18 have had instructions to change, alter, or amend tax laws, change, alter, or amend programs such as Medicare, entitlement programs. We have done that. It has become an integral part of the Budget Act of the United States. Without that, you could take the Budget Act and say it is for nought. It would accomplish nothing. It would be an exercise in debating and then later on we would have as much time as we wanted on every bill. There would be filibusters on every bill and, as contemplated by the Framers, we would get no budget activity in the United States. Reconciliation includes minimum debate. Without minimum debate, nothing will be done of a budgetary nature for the United States. The Senator understands that. That is why he offers it. The budget will be a shell meaning nothing. I suggest we defeat the amendment.