Pete Domenici

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I might say, first, to my side of the aisle, and any of those who are on our side, if you want to speak, just let me know. I have no reason to need all the time. If any of you would like to speak, I will be glad to yield. With that out of the way, let me say it wasn't many months ago when this Senator believed, as a bill passed the U.S. Senate and went its way to the House, that because of some very courageous Senators we had finally reached a point where we could tame that voracious lion that was eating up all the oil that we could import in transportation, in automobiles, trucks, diesel trucks, and the like. We know that was the biggest guzzler of imported fuel oil that America had. A committee on which I did not serve--nor did my chairman, Senator Bingaman serve on, although we were putting a bill together--the Committee on Commerce, headed by Senator Inouye and the ranking member, Senator Stevens, with Senators such as Trent Lott on it--they had a lot of courage. They decided to put on our bill as part of an energy bill the first major change in the fleet automobile standards for the United States. What courage that took and how happy many of us were that committee had finally done that. Couple that with what had been done in the other committees in the Senate, including that which was done by the Energy Committee itself, and we put together a very exciting bill. It went to the U.S. House of Representatives as a bill that contained the provision I just spoke of. It contained a very large provision, a major provision--what I would call the ethanol 2 provision to save ethanol for the future, so it would not continue to have trouble, and then build on the next 15 years a major gigantic bill for further ethanol to be produced from other than corn. That bill was a giant bill, and it went to the House with some other small pieces. But no taxes were in that bill, and the proposal that we would mandate all of the States to have 15 percent of their electricity produced from alternative fuels was not in the bill. It went to the House and there it sat. Senator Bingaman and I thought we were negotiating with the House over the months under a proposal that said the two of us represent the Senate, and we will sit down with the House Members and see, since we cannot have a conference--there was no way to get a conference on our bills because of objection in the Senate--we would sit down together and produce a bill based upon the bill that had left the Senate and clearly some of the things that had been done in the House. It was pretty clear we could get a great bill out of that and would have the same basic format that I just described. After talking it through and getting to the point where we were ready to go, the House decided to go its own way and leave us standing. Then they used our bill which we had sent them, that was built around an Inouye bill--they used that to put together a bill that came through the House yesterday and is before us today. The first thing that went awry is a Senator like myself, 35 years in the Senate--I had never been dealt with this way ever before in my time in the Senate, where I was asked to do something by a committee, we were in the process of doing it, and then a committee backs out and uses the work that was done by the working group, including this Senator, to produce a new bill. That new bill is before us today, and it contains taxes which the President says he will veto--and he sent us the message. The message is here: If those taxes are on this bill when it arrives at his desk, all our work will have been for naught. If the provision for mandatory electric alternatives, the 15 percent mandated across the land, or 15 minus 4, as it sometimes is used--the President said if that is in there he will veto the bill. So we could waste our time or we could do something meaningful. Today we are starting down a path, trying to do something meaningful. We worked very hard to see if we can't gather up more than 40 Senators who will vote with us so we will not impose cloture on this message. I say to my fellow Senators, please understand, there is no bill before us. It is a message, and there is a very big difference between a bill and a message. I had almost forgotten about it because I don't think I managed a message very many times in 35 years. But a message has a lot of nuances to it that are different: the number of amendments, the frequency that you can have amendments, and a whole lot of things. Senators will wake up next week and find that many amendments they would try to offer are shut out because of the number of amendments you can offer because of the rules that apply to messages. I want them all to understand I am not promising anybody they can get amendments in if they win this vote today on my side. We will have to follow the rules and see what we can do. But we stand this close to getting the most important Energy bill, from the standpoint of conservation of crude oil products--gasoline, for instance, and diesel fuel--we stand just the distance between Senator Bingaman and me away from getting that kind of bill. What we must do is not fly in the face of reality. Reality says you cannot put taxes on this bill. The Senate already defeated the taxes that were on this bill. We all remember that day. We voted and took the taxes out of the Energy bill that Senator Bingaman and I were operating under. The taxes went. In addition, we did not put on that bill what is now being called the alternative energy tax or some such thing. What it means is the electric utilities across the land out in the future are going to have to use 15 percent alternative fuel to coal. That is tough. That is a tough one to do. If that is on the bill, because it is harmful to the economy, a one-shoe-fits-all philosophy should not work, will not work. The President of the United States, through his operatives, has told us he will veto the bill. Senators, I hope you vote with us and do not impose cloture. Then I hope the majority leader and the minority leader and Senator Bingaman and Senator Inouye, Senator Stevens and myself, and whoever otherwise properly fits, will sit down together and work this out as to how we modify this bill that is before us--which is not a good bill now, but it can be turned into a great bill with some work--could be sent back to the House, and in no time we could tell the American people we have finally done something extraordinary for them. I reserve the remainder of my time.

Mr. DOMENICI. Mr. President, this doesn't mark the end of this bill. This marks the beginning of completing a process in the Senate so we will have a bill that can be signed and that will be an excellent bill for the American people. That means we have to go to work in trying to fix some of the problems the House bill has generated for us. First of all, we are talking about ethanol II, the successor to the ethanol bill we passed, which includes a very hopeful future for wheat and the kinds of things that are going to go into the thing that follows ethanol. We cannot accomplish them, it seems to us, with what they have in this bill. We have to look at that and see what we can do to fix it. In addition, we have to do something about both taxes and the mandatory 15 percent that is required for electric generation in this bill. We have to look at that and others. I hope this sends a signal so Senator Bingaman and I--he as chairman and I as ranking member--can work with everybody who has concerns and put together an amendment we can offer that sends this bill back to the House, corrected and fixed, where it can become law and where it is more to the accomplishment of what we expected when we passed the bill in the Senate. I note the presence of Senator Bingaman. I hope he concurs. Our staffs ought to go to work and have something by Monday, I hope. I yield the floor.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I would like to speak for a moment in remembrance of the 66th anniversary of the attack on Pearl Harbor and pay tribute to all the Americans who lost their lives that day. On December 7, 1941, our Nation was brutally attacked at Pearl Harbor, and over 2,400 Americans were killed. Though surprised and overwhelmed by wave after wave of Japanese planes, the members of our armed forces valiantly defended their ships, the naval base and the surrounding army air fields. I believe Pearl Harbor will all always hold a prominent place in the history of the United States, not only for the destruction that day which triggered our entry into the Second World War, but as a shining example of American heroism and courage in the face of adversity. I know Americans will never forget the American servicemen and women who were at Pearl Harbor 66 years ago today. One of those servicemen was John Anderson of Roswell, NM. John had only recently been assigned to the USS Arizona along with his twin brother Jake when the Japanese attacked on December 7. Though burned himself, John worked to rescue other survivors from the badly damaged and sinking Arizona until the small boat he and other servicemen were using to pull drowning men from the water of the harbor was also sunk. Terribly, 1,177 sailors from the Arizona, including John's brother Jake, did not survive. John went on to serve 35 years in the Navy, marry his wife, Karolyn, have three sons and later become the long time weatherman for KBIM-TV in Roswell. I would like to thank John for his brave service and would like to personally honor all the New Mexicans like Jake Anderson who fought and lost their lives that day. Pearl Harbor, of course, was just the beginning of several long years of war during which millions of Americans would answer the call of duty. I would like to take this opportunity to mention the service and sacrifice of two such groups of individuals. One of these groups is the Navajo Code Talkers, many of whom were from my home State. The Code Talkers were marines who used their native language to quickly transmit messages across the battlefields of the Pacific Theater and served in every Marine division from 1942 to the end of the war. Though the Japanese were able to break many American codes during the war, they were never able to decipher the system used by the Code Talkers. Their contribution to victory cannot be underestimated. There is no doubt that their efforts saved countless American lives, and it has even been said that without the Code Talkers the battle of Iwo Jima could not have been won. I would also like to talk about the soldiers of the 200th and 515th Coastal Artillery units of the New Mexico National Guard, also known as the New Mexico Brigade, who soon after the attack on Pearl Harbor played a prominent and heroic role in the fierce fighting in the Philippines. For 4 months the men of the New Mexico Brigade helped hold off the Japanese only to be defeated by disease, starvation and a lack of ammunition. Sadly, the survivors of the Battle of Bataan from the New Mexico Brigade were subjected to the horrors and atrocities of the 65 mile ``Death March,'' as well as years of hardship and forced labor in Japanese prisoner of war camps. Tragically, of the 1,800 men of the New Mexico Brigade more than 900 never returned home. In closing, I hope New Mexicans will take a moment to honor the individuals who fought so gallantly 66 years ago today as well as all those who served throughout the Second World War, and remember those who paid the ultimate price for our Nation.

Mr. DOMENICI

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

Mr. DOMENICI. What is the regular order?

Mr. DOMENICI. Ten minutes of debate left, 5 on each side?

Mr. DOMENICI. If Senators are not here to use it, they can yield it back so we can vote, can't they?

Mr. DOMENICI. Oh, sorry. I was in the same position. I wanted to go, they have to come. We have to yield to them.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I just want to say that I have no objection. I wish to comment on the Energy bill. It has been a long time getting here, and it still is not finished. There are provisions of that Energy bill that, if passed, will be superb for the people of this country. It is too bad the bill is laden now with two provisions that we did not have in our bill, that we did not contemplate. We will have to work our way and see what happens. They are serious. They are serious enough to cause the President to veto the bill. I am hopeful we will be able to find our way to get those two provisions out--the tax provision and the provision with reference to mandatory 15-percent alternative energy fuels in our States. Those two are very difficult. If we keep any of them in, our work is going to be for naught. So I hope everybody understands the situation. It will be an excellent bill without those provisions, and there may be a few other cleanup provisions we need in the House bill. We will work on them in the next few days. I thank the leaders. I yield the floor.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I rise to recognize MAJ Thomas A. Rogers, Jr. of the U.S. Air Force for the exceptional work he rendered this past year while serving as a legislative fellow on my staff. Major Rogers is completing his Capitol Hill fellowship this month, and it is my hope that he has benefited as much from this experience as have I from having him on my staff. In 1995, after his graduation from the Washington University Law School in St. Louis, Major Rogers received his commission in the U.S. Air Force. Since that time Major Rogers has served at base legal offices from Korea to Germany, as an area defense counsel, as the deputy chief, plans and requirements, Air Force Legal Information Services, and as an instructor at the Air Force Judge Advocate General School. Major Rogers has also deployed to Saudi Arabia and Afghanistan in support of the global war on terror. Major Rogers has received numerous awards and commendations during his service including the Bronze Star and the Air Force Meritorious Service Medal. He was also honored in 2005 as the 20th Air Force Outstanding Young Judge Advocate. Mr. President, I want to give my heartfelt thank you to Thom for his service. His eagerness to tackle issues which were new to him and to advance the goals I have set for my staff on behalf of both the men and women of the Armed Forces and the citizens of New Mexico were truly commendable. I have no doubt that as Thom continues his military career, he will achieve great things for both the U.S. Air Force and his country, and I wish him the very best of luck in all his future endeavors.

Mr. DOMENICI

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

Mr. DOMENICI. Mr. President, how much time remains?

Mr. DOMENICI. I yield myself 1\1/2\ minutes.

Mr. DOMENICI. Mr. President, I rise late in the debate because I know it is an important issue, and I find myself wanting to say to the people of Peru that this Senator who comes from the State of New Mexico, where almost half our people speak Spanish--a commonality between our two countries--would expect that I show the appropriate concern for the people whom this treaty will benefit. That is why I am here. It is entirely proper that the United States show more concern and more consideration and have more relationships of mutual benefit with the countries of Central and South America, without a doubt. I would like to have a few words from this Senator spread on the record to show that with what I have said, I concur. With this treaty, be it not the best because those who look at it from the standpoint of the best find fault here and there, it is as good as we are going to get and we ought to approve it. My vote will show up in favor, and that will be because I understand it. I understand what it means, and I am for the principles and the expected effect of this treaty. I yield the floor.

Mr. DOMENICI. I suggest the absence of a quorum.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, today's Washington Post Science section contains an excellent summary on the work America is doing to develop the fastest computers in the world and the benefits to all of us from such computers. The headline on the story, ``Faster Computers Accelerate Pace of Discovery,'' captures today and hints at tomorrow for science, using computers that have processing speeds of more than a thousand trillion calculations per second. That speed is known as a petaflop, in computer science speak. I am proud that the first petaflop computer in the world is likely to be at Los Alamos National Laboratory in my home State of New Mexico. Working in conjunction with IBM, LANL's ``Roadrunner'' computer holds out the promise of immense advances in almost every aspect of scientific inquiry. In the area of nuclear weapons, for example, computing power increases are critical. Two decades ago, this Nation decided to stop underground testing of nuclear weapons. Yet the necessity of certifying the reliability and performance of our nuclear stockpile remains. How could we do away with underground testing and still have the three weapons lab directors certify to the President that our weapons were safe and reliable. We decided to adopt a program called Science-Based Stockpile Stewardship. Essentially, we decided to simulate a nuclear weapons explosion using computer power. Clearly, America needed more computing power when we made this decision. ``Roadrunner'' is an important step toward making sure that our nuclear stockpile will work if ever needed. One of the most interesting uses of this enormous computer power is modeling climate change. It is ironic that many of those who oppose additional funding for the national laboratories want a more aggressive stance on the question of climate change and ways to ameliorate it, are the same people who support a House-passed Energy and Water Appropriations bill that would reject more funding for ``Roadrunner.'' Mr. President, we are in the middle of negotiations on the Energy and Water appropriations bill right now. Adoption of the House-passed bill will not only set back our work on computing power and climate change but will be a disaster for certification of the reliability of our nuclear weapons. I hope that all Members of Congress will read today's article in the Washington Post to get an idea of what is at stake as we set policy in the future. Mr. President, I ask unanimous consent that the entire article be printed in the Record.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, today I celebrate the 100th birthday of Las Cruces, NM. Being the second largest city in New Mexico, Las Cruces has a lot to be proud of and a lot to celebrate. Before New Mexico became a State, Las Cruces was making its mark on the world. When it was founded in 1907 as a small railroad town, no one could have foreseen what a major metropolitan area it would become in the southern part of my State. Being sheltered by the Organ Mountains to the east, and the Rio Grande River on the west, Las Cruces boasts 350 days of sunshine a year making it one of AARP's Top 5 Places To Retire. The city also has continued to receive the title of Best Small Metro Area for Business Careers from the Forbes/Milken Institute. Las Cruces, English translation is ``the crosses,'' is home to the second largest university in New Mexico, New Mexico State University, with a student population of 26,000. NMSU continues to grow and improve upon the various programs and degrees they offer. This university is vital to the strength of Las Cruces. The Dona Ana Community College is located here as well. Their student population is over 4,000 strong. Las Cruces also hosts the nationally acclaimed annual Whole Enchilada Festival. The festival attracts over 40,000 visitors each year. Because of this annual event, Las Cruces holds the Guinness Book of World Records for the world's largest flat enchilada. Las Cruces has seen a giant explosion in population over the last decade. They have grown from just over 74,000 residents in 2000 to around 87,000 residents in 2006. And the boom in population shows no signs of stopping in the near future. Small and large industries continue to see this budding town as a great place to do business. While it is hard to point to just one industry that has caused the extreme growth, Las Cruces continues to do what it does best, be consistent in its offerings. To celebrate their 100th birthday, Las Cruces has planned to serve a piece of cake to every resident. They might also make the Guinness Book of World Records for the largest sheet cake after the celebration! The city is planning on cutting this cake at the culmination of an all-day festival at the Downtown Mall. The festival will include live entertainment all day with various acts to include a mariachi band, craft fair, and theatre performances at the Rio Grande Theatre. Las Cruces has so much to be proud of, and I congratulate them on their 100th birthday. May they celebrate many more. Que Viva Las Cruces muchos mas anos!

Mr. DOMENICI

Mr. DOMENICI. I thank the Chair, and I thank the Senate. I came here to just spread the Record with a couple of minutes of my observations about the WRDA bill and to suggest that the President of the United States made a mistake. This bill should not have been vetoed. This bill is totally an authorizing bill. Now, I don't want to say he made a mistake and then talk technical language that nobody understands, but in the Congress, we have a way of spending money. We have a way of spending money called appropriations, and we have a way of spending money that is an entitlement, such as Social Security or veterans' pensions, and then we have another way where we just authorize a program to be funded later, if at all--to be funded later, maybe--and that is an authorization bill. This WRDA bill is the result of a 7-year effort on the part of the committee of jurisdiction to put together a composite of all of the public works projects from around the country so that when somebody seeks to get them funded, they can say they have been authorized by the Congress. However, that doesn't mean they will ever get funded. If we don't have enough money, the programs that are included in WRDA won't get funded, and if they get funded, there will be an opportunity for a President to veto a bill that contains the money, the expenditures. So as I see it--now I am speaking to the President of the United States, not my friend in the chair--Mr. President: You should have talked to some of us who have been here and who would have told you that no matter what numbers you put down on this bill, we don't spend any money unless and until we appropriate it, and we may never appropriate it. Many bills are authorized and the Congress never gets around to saying we have enough money to pay for them. So I am going to vote to override the President so we will have this authorizing bill called WRDA on the books for those projects that from time to time Members will say to the Appropriations Committee: It is time to spend money for this and it is time to spend money for that, or the appropriators may say: We don't have enough money for any of it. For instance, in my State of New Mexico, there is a provision for a park along the Rio Grande River where we have a greenbelt of sorts, and it will be a rather startling park for the city of Albuquerque if it is ever done. But it may never get done. It is just authorized by the WRDA bill after years of work. My office worked very hard on that program for a long time, and we were fortunate to get it in this bill, and maybe someday we will get to fund it. So I say to the President of the United States: I assume you understand you will get overridden on this bill, and I would assume rather handsomely. Many of us would listen to you if you are talking about spending too much money, but this one is not that; it isn't spending too much money because it doesn't spend any money. It may never spend any money. But when it does, those will be the opportunities for vetoes or for people to argue that you are spending too much. I thank the Chair, and I thank the Senate for listening. I yield the floor, and I suggest the absence of a quorum.

Mr. DOMENICI. Mr. President, I ask unanimous consent to speak for 2 minutes on the override.

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

Mr. DOMENICI

Mr. DOMENICI. Mr. President. I would like to take a moment to commemorate Veterans Day and honor all those who have served, fought, and sacrificed for our country and the freedom all Americans enjoy. We as a nation should never forget the debt we owe to the generations of Americans who have served as soldiers, sailors, airmen and marines. From the First and Second World Wars, to Korea, Vietnam, and the Persian Gulf war, millions of Americans have answered the call of duty to preserve the freedom we all hold so dear. This is also true for our service men and women who are right now doing an amazing job in Iraq and the war on terror and throughout the world. Sadly, many Americans have paid the ultimate price and have given their lives for our country. No praise can be too great for the courage, valor, and patriotism of these men and women, and their sacrifice will never be forgotten. I think it is also important to remember the service of veterans to our country has never ended with their departure from the Armed Forces. They have enriched every community in which they reside with their strength of character, hard work, and devotion to family. For this we must also be grateful. On this Veterans Day, I hope New Mexicans will honor all the veterans of our great Nation, but I would like them to think particularly about our service men and women who are right this moment in harm's way. They, like all veterans, have left behind the comfort of home, family, and friends to defend our country and its countless blessings. For this, many have paid an immense price, emotionally and physically. I know our thoughts and prayers are with these outstanding individuals. Again, I would like to thank all those who have served past and present to preserve and protect our great Nation.

Mr. DOMENICI

Mr. DOMENICI. No objection. How many minutes? Two?

Mr. DOMENICI. No objection.

Mr. DOMENICI. Mr. President, parliamentary inquiry: I am to be followed by Senator Thune, who has 15 minutes, is that correct?

Mr. DOMENICI. I ask unanimous consent that it be the case.