Pete Domenici

Mr. DOMENICI

Mr. DOMENICI. Mr. President, the Senator from Illinois, Senator Fitzgerald, had asked, before we knew the Senator was coming up, whether he could come to the floor and speak for 5 minutes. He got here, but the Senator had started so he was cut out for an hour. I wonder if we could have consent for the Senator to speak for 5 minutes and it not be counted against either side.

Mr. DOMENICI. I so request.

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 President, I ask unanimous consent that the order for the quorum call be rescinded.

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

Mr. DOMENICI. Mr. President, I hope this issue does not in any firm manner split the Senate. It seems to me that need not be the case. I want to read from the original Rudman report and then I will try to put quickly into a framework why we think we have complied with what the distinguished Senator, the ranking member of the Department of the defense authorization committee, Senator Levin, is concerned about. I am reading from page 46 of the report: The panel is convinced that real and lasting security and counterintelligence reform of the weapons lab is simply unworkable within DOE's current structure and culture. To achieve the kind of protection that these sensitive labs must have, they and their functions must have their own autonomous operational structure free of all the other obligations imposed by DOE management. Actually, when you read that and you read the letter that came some 3 or 4 weeks after the report from the panel, talking about clarification, the best you can conclude is that it is not absolutely clear how we should do this. I submit that when you read the clarifications that were proposed with reference to the issue before us, we have solved that issue in this bill. I hope those who are thinking they can vote against the bill if we do not do this will understand. On page 2 of the bill, as said a number of times, we have made it eminently clear that the Secretary is the ultimate authority; the Secretary, not the new Under Secretary. We have said: There shall be within the department a separately organized agency under the direction, authority and control of the Secretary. . . . I do not read the rest of the sentence, but that is what it says. Then it says, at the request of the distinguished Senator from Nebraska, Senator Bob Kerrey, paragraph C: The Secretary shall be responsible for all the policies of the agency. Then, at the request of others because they wanted to make sure the Secretary could use other Department people to help him--that is, the big Secretary--we said: The Secretary may direct other officials of the Department who are not within the agency to review agency programs and make recommendations to the Secretary regarding the administration of such programs . . . And then--I read the next part very slowly: . . . including consistency with similar programs and activities in the Department. I read that, and other things in this bill, to say that those who are putting this bill before us to straighten up the Department and give us some security and counterintelligence that is reliable have, to the best of our ability, provided the Secretary and the new Agency with precisely what the Rudman board recommended. First, they wanted autonomy. I read that: It should be a structure free of all other obligations of the DOE. Yet it goes on in the supplemental report, or the letter of transmittal, saying here is our final interpretation of conflicts. It talks about some policies that ought to be consistent across the Department. I do not believe we need to put language in that charges the Secretary with putting these policies that are departmentwide in place and then saying this new Agency is bound by them. I think the room ought to be there for the new Agency to prepare its programs in this regard, be it on the environment, be it on management, be it on safety, be it on whatever. The Secretary still has the overriding authority, if he chooses, to say: I have selected some members of the staff of the Department, we have reviewed it carefully, and we recommend that you change something because we want you to be more in harmony with the Department. But to create a structure that is semiautonomous and then say whatever policies the Secretary pronounces that are departmentwide are binding on this Agency is to deny the Agency the autonomy right up front and to set the presumption in the wrong place. So I hope we do not do that. I am willing to clarify it, if it needs to be clarified further, but I do not think we need this provision ripping at the autonomy at the very outset, waiting around to see what the departmentwide rules are before you can implement this. I just think that is the wrong way to go. Having said that, I want to recapitulate where we are going for just a moment. The amendments that have been offered so far have been offered on the Democrat side. Senator Bingaman and I have one we are going to offer together, that we have resolved and the Senate is going to accept, with reference to work for others within the laboratory, which has been an issue of concern. Then I understand there are a couple more amendments. I want to say to my friend, Senator Bingaman, I know he has an amendment with reference to the environment. Since I have not offered an amendment, I am going to offer an amendment on the environment before he offers his. I am hopeful it will clarify the situation and he may not offer his. But if he chooses to, we will have one on the environment, safety, and others, so as to make it eminently clear we do not intend to exculpate this new Agency from any of the national environmental laws or the national laws with reference to safety. We never intended to. We will make it clear. Beyond that, we have a little bit of time left. I, myself, am going to run out of time to be able to be down here working on this, but if the Senator thinks another 10 minutes of effort together will help-- might I do it this way? Might I ask, how much time do we have left?

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I ask unanimous consent that I may proceed for 30 seconds.

Mr. DOMENICI. Mr. President, I think this is a good amendment. I was pleased to work with the Senator Bingaman and Senator Reid in getting it developed. I thank our staff. We are very proud that the laboratories do work for others. That means the Department of Defense and the private sector; it means other agencies of the Federal Government and work for the Department in other areas besides nuclear. It is important, and we knew it from the very beginning, that this flexibility and ability to do such work be protected to the maximum extent in the new configuration and management scheme. I believe we have done that. It will not detract from its principal mission, which is the subject matter of the amendment, creating a new agency within the Department, but it will assure that these jewels of research, which are the three nuclear deterrent laboratories, remain at the high level they have been for many, many decades. That means it will work for others, thus attracting the very best scientists. We think this can be done and protect intelligence and counterintelligence activities within the laboratories. We have no objection on our side, and I don't assume there is any on the other side.

Mr. DOMENICI. Mr. President, I move to reconsider the vote.

Mr. DOMENICI. Mr. President, I ask for the yeas and nays on the Levin amendment.

Mr. DOMENICI

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

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I note the presence on the floor of my colleague, Senator Bingaman. I will shortly send an amendment to the desk on behalf of myself, Senator Bingaman, Senator Levin, Senator Lieberman, and Senator Reid. Let me suggest, first, that this has been worked out during very serious discussions, and I think it turned out to be a very good amendment. Senator Bingaman has played a vital role in it. He has been concerned and wants to make sure that it is eminently clear that this new semiautonomous Agency complied with the applicable environmental, safety and health rules, and laws. I will read quickly a couple of sentences of the amendment and yield to my friend, Senator Bingaman, and see if we can agree. We have no objection on our side. I don't believe he has any on his side. This is section (u), in the underlying Kyl-Domenici-Murkowski amendment. It says: The Agency for Nuclear Stewardship shall comply with all applicable environmental, safety, and health statutes and substantive requirements. The Under Secretary for Nuclear Stewardship shall develop procedures for meeting such requirements. Nothing in this section shall diminish the authority of the Secretary to ascertain and ensure that such compliance occurs. Amendment No. 1263 to Amendment No. 1258

Mr. DOMENICI. Mr. President, I send the amendment to the desk.

Mr. DOMENICI. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. DOMENICI. I move to reconsider the vote.

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

Mr. DOMENICI

Mr. DOMENICI. Mr. President, Our Independence Day, July 4th is also a significant day at the Laguna Pueblo in New Mexico. On July 4, 1699, seventy-seven years before the famous American Independence day, the Spanish Governor of the New Mexico Territory sanctioned the ground- breaking for the Mission San Jose de la Laguna. Laguna Pueblo has six villages--Laguna, Mesita, Paguate, Encinal, Paraje, and Seama. The Mission San Jose is the Mother Church for all the villages. To celebrate this important milestone, a feast day was declared for the Laguna Pueblo. Events started with a fund raising dinner on Friday, July 2. On Saturday, July 3, traditional dances were held at the main plaza and a beautiful fireworks display and community dance closed the first full day of celebration. On Sunday, July 4, at 8 o'clock in the morning, an open air mass was celebrated by Bishop Donald Pelotte of the Archdiocese of Gallup. Laguna Pueblo drummers and singers in traditional dress participated in the mass. Pottery vessels by Laguna artists were made for the Eucharist. Special guests included former U.S. Interior Secretary Manuel Lujan, the Blessed Sacrament Sisters, Sisters of St. Agnes, and Sisters of the Immaculate Conception. Father Antonio Trujillo of the San Jose Mission was a key participant in the mass. He spoke of the importance of continuing to embrace two religious traditions in mutual respect. Gratitude to all who organized this very special Independence Day event for Laguna Pueblo was generously given. Laguna Pueblo Governor Harry Early and the Pueblo Council were present and active throughout the activities. Special guests were introduced. Traditional Indian dances such as the Hunter's Dance and the Eagle Dance were held throughout the day on the same plaza where the mass was celebrated. The formal mass of the Mission San Jose and the Laguna Pueblo traditional dances emphasized the beauty in which these two cultures have overcome past difficulties and now flourish in grace and common respect. As Father Mark Joseph noted, we are reminded today to ``take care of your family as St. Joseph took care of his family.'' The Catholic Church and the Laguna Pueblo families have clearly taken this message to heart. A Spirit Garden was organized and planted to honor all those who farmed these arid lands over the past centuries. A procession to the Rio San Jose was held on Saturday afternoon. Statues of St. Joseph, St. Mary, Jesus Christ, and other saints were brought in from all the villages for this procession. A new niche about four feet high and a couple of feet deep for a shrine to St. Joseph was carved out of the sandstone between the church and the San Jose River. The niche was hand chiseled by the Siow brothers of Laguna Pueblo, Gaylord, Virgil, and Delbert. A stone carving of St. Joseph holding baby Jesus was placed in the shrine. The statue was made by Robert Dale Tsosie. This new shrine to St. Joseph was dedicated and blessed with water from the Rio San Jose. This river water was also used to bless the personal and village saints that were carried to the river by about two hundred participants. Governor Harry Early led the procession as he carried a statue of St. Joseph down to the river and then back up the hill to the Mission San Jose. A blessing ceremony for the saints, the mission, and the Pueblo was held at the river on Saturday, July 3, 1999. In preparation for this 300th anniversary celebration, many traditional practices like gardening, belt weaving, drum making, and pottery making were undertaken with special pride by young and old alike. I am pleased to be able to share this special event with my colleagues who will be intrigued by the added significance of the 4th of July to the Laguna Pueblo of New Mexico and to Americans in general. Mr. President, an article by Debra Haaland Toya further explains the significance of this important anniversary to Laguna Pueblo. This article was published in the June, 1999, edition of New Mexico Magazine. Debra is an enrolled member of Laguna Pueblo and a member of the San Jose 300th Anniversary Committee. I ask that her article be printed in the Congressional Record. The article follows: Mission San Jose de la Laguna (By Debra Haaland Toya) The splendor of the San Jose Mission at the Village of Old Laguna goes much deeper than its three-century-old altar, dominated by hand-carved pine columns. A magnificent wooden altar screen, originally painted by a man known only as The Laguna Santero, depicts the guardians of the village. Brilliant red and green dominates the floor to ceiling adornment and prominently attests to the unification of traditional Native and Catholic Religions. This July 4th, Laguna's coexistence with the Catholic Church will enter its 300th year. Built of sandstone, San Jose Mission sits on the highest rise in the village, watching over its caretakers. The church is revered for its magnificent art and architecture, and for its spiritual contributions. Laguna's church was built after the Pueblo Revolt of 1680; therefore, enjoyed a peaceful existence. It missed the fire and destruction exerted by other peoples, onto their churches, as a result of opposition to religious suppression. Before the mission was built, a delegation of Lagunas traveled the dusty roads, by foot and with horses, to Santa Fe during the late-1600s, to ask Governor Pedro Rodriguez Cubero for a priest. The Governor sent the delegation away and told them that once they prepared a place of worship, a priest would be sent. On July 4, 1699, Mission San Jose was founded along with the recognition by the Spanish Government that Laguna Pueblo was a legitimate possession. The original document attesting to this shift states that Laguna ``swore its vassalage and obedience,'' to Spain. Throughout the years the church has been a beacon, although its path has not always been a straight one. The Indians continued their traditional ceremonies even after Christianization. From time-to-time, this practice gathered ire from those non-Indians intent on making Lagunas single- minded in their worship. It is documented that during the mid-1800s most Lagunas attended church out of fear rather than desire. During Mexican rule, prior to 1848, part of the church's convent fell into ruins, and another part of the church was used as a kiva, where sacred ceremonies were prepared for. In spite of the changes that occur with time, the care the church receives remains constant. In August of 1998 a meeting, of the San Jose 300th Anniversary Committee and the elder women, highlighted plans of replastering the floor. Lifetime resident, Julia Herrera, who has plastered since she was a girl, stressed the importance of youth involvement. Father Antonio Trujillo, committee chairman, widely announced plans for the 2-week-long project. No fewer than 30 people per day, including teenagers, arrived daily to give their share of toil. The job included removing five inches of old floor, hauling dirt, cutting straw, and mixing mud using a wooden block like a mano. The entire 2300 square feet were plastered on hands and knees. ``This is good,'' Julia says approvingly, `` if the kids don't learn how, who'll take care of the church when we're gone?" The people plan to completely resurface the outside of the church in the near future. During the mid-sixties, in an effort to protect the church, a cement coating instead of plaster was applied. Over the years, the cement has cracked, allowing water to enter but not escape. Upon inspection, Cornerstone Foundation, an organization that helps communities rebuild traditional structures, discovered that the water caused enormous damage to the large rocks at the base of the walls, particularly on the north side. To undertake this project the people will have to carve away the current coating using special saws, chisels, and hammers. The disintegrated rocks will be replaced and the 30- foot-high-walls will be replastered. Upon surveying the damage, Julia looks up and recalls a time when her relatives hoisted her up with a pulley, and a rope tied around her waist, in order to cover the highest portion of the walls. ``Not anymore, I'm too old now,'' she remarks. In years past, plastering would occur prior to feast days and neighboring tribal members would offer help. During the work, they were given room and board in village homes and feasted when the work was done. This forthcoming project will be undertaken by the community alone, with no professional help, and this time Julia will be on the ground supervising. The committee planned a number of cultural events leading up to July 4th when a traditional feast day will take place. Through the years, and due to increased outside influences, such as 30 years of uranium mining, off-reservation employment, and the affects of technology, some cultural activities have not been as strongly exercised as others. In December 1998, committee member, Ann Ray, organized a day which focused on the almost forgotten practice of making of clay figurines. It was common at Christmas time to send children below the village to get clay from the San Jose River. The family would sit near the wood stove, while a kerosene lamp cast shadows of working hands or the grandfather beating a steady drum, and singing. The family shaped moist earth into animals, houses, vegetables, or other forms, depending upon the wishes of the individuals. Domesticated animals were often popular, as Lagunas have raised cattle and sheep since the seventeenth century. Shapes of corn and melons also defined many people's wishes for rainfall and successful crops the following year. The people would take the figures to the church altar on Christmas eve and leave them for four days. Upon their return home, the clay cows were, perhaps, buried in the corral, and the corn was laid deep in the field. The symbol of one's wish for the time and endurance to build a home for a loved one might be buried in a vacant plot of land. This past Christmas the altar was graced by figurines, which had not been present for years. Clay figures in 1998 included symbols for good grades in school, money for college, computers, and wishes for athletic ability, in the forms of basketballs and footballs. A ceremony to bless the saints with water will also be reintroduced on the evening of July 3rd. When the original saint statues came to Laguna, they were taken to the river and dipped in the rushing waters to obtain the earth's blessings, before they were placed in the church. The saints were also believed to hold power. One story tells of a severe drought in the earlier part of this century, wherein the people prayed for rain to no avail. The spiritual leaders of the time entreated the priest to take the saints back to the river and dip them in the water as the ancestors had done in 1699. The drought passed, and the people's faith continued strong. This year, the people will be encouraged to bring their saints from home, and a blessing will take place near the shrine, which was recently erected in honor of San Jose and the 300th Anniversary. In times past, the San Jose river was also the location on which Lagunas planted their irrigated fields of corn, beans, and squash. Today an irrigation system runs the length of the pueblo and people can successfully plant and harvest miles from the river. Although this system is in place, with the men and boys cleaning the ditches seasonally, many fields lay dormant. One main reason for this absence of agriculture is the 30-year interruption of the Jackpile Mines near the village of Paguate. With the mine's beginning in 1953, Laguna eventually relied primarily on money, rather than bartering, as they had for centuries. The 300th Anniversary Committee wished to bring back an interest in the ancient art of farming by planting The Spirit Garden, also near the river. Attention to our role as agriculturists has had positive effects, and a new interest in farming will, hopefully, persist. As a girl, I used to go with my grandfather to his field below the village of Mesita, where we would hoe weeds, pick worms off corn, and sit in the shade of his peach trees eating the sweet fruit on hot, breezeless days. I was especially proud at taking the fruits of our harvest home for my grandmother to cook. In planting the Spirit Garden, this appreciation for the land will have the opportunity to grow strong again. The love of agriculture, the people's coexistence with the church, and other events crucial to our purpose on this earth are present in those who are gifted with the ability to recall the stories of our ancestors. A project to document an oral history of Laguna has also been set in motion in a principal effort to teach our young people. Before electricity was available to Laguna households in the late 60s, the absence of television, radio, and video games was filled by the elders telling stories or singing songs. My grandmother was our primary story-teller, once my grandfather died in 1968, and to this day, her knowledge of the past holds our family together. The public is welcome to visit Laguna and the San Jose Mission on most days. Tours of the Spirit Garden, San Jose Shrine, and the church are conducted daily, and more frequently as the 300th celebration nears. A traditional feast day will be held on July 4th, with mass in the plaza at 8 AM, arts and crafts, and all-day dancing. Upon approaching the carved doors of the church, a well- preserved image of the Franciscan Seal, with the crossed arms of Jesus and St. Francis will tell you that the structure was built by the Franciscans. When entering the church, the elaborate decoration will tell you that a people's wish to embrace their God in a Christian way, yet maintain their respect and worship of nature is unwavering. Pax et bonum-- Peace and all good.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I yield 5 minutes to Senator Murkowski.

Mr. DOMENICI. I thank the Chair. I understand I am in charge of our half hour. I say to the other side, you have a half hour on this also. We clearly would like to move back and forth with the time on each side for various speakers, but for now we have two or three speakers who have already indicated they want to address this issue. So I yield 8 minutes to the distinguished Senator from Arizona, Mr. Kyl. Then, within the next 30 or 40 minutes, if Senator Frank Murkowski, the chairman of the Energy and Natural Resources Committee, desires to speak, we will give him some time. I understand the Senator from Kentucky would like to speak on our side also, so we will make time for him. We will proceed now. I yield the floor.

Mr. DOMENICI. Mr. President, might I ask the distinguished Senator, Mr. Bunning, would he like to speak for an additional couple of minutes?

Mr. DOMENICI. Mr. President, I don't know how we are going to use the rest of the time. I will use a little bit of time. If anyone wants to speak on either side of the issue, there is some time between now and 10:40 or so when we are going to vote on cloture. I yield myself such time as I may use. I, too, urge that everybody vote for cloture. There is absolutely no reason for us not to proceed with the intelligence bill, which has been carefully thought out. It is not my bailiwick. I am not a chairman, cochairman, or a member, but I have attended meetings with them since the breaking news about the Chinese and their involvement in gathering up very secure and secret information from the United States through our laboratories. That bill should not be held up, and the Senate has already agreed by unanimous consent that when it comes up--the amendment we are alluding to, the amendment that has been talked about now for a number of weeks, has been prepared in its final form for some time. It has been circulated to whomever needs it. It has been discussed in various committees, and it has been criticized, praised, and modified. Before it came to the floor, it had the input from the now famous board that Senator Rudman headed with four other distinguished Americans with great expertise in the area. Their recommendations are in the amendment. We had people who know the Department and who know the Department of Defense help us draft it. It was conceived and being prepared even before the Rudman board made their final recommendations. Personally this Senator had arrived at the conclusion that something drastic had to be done even before the report. Now we can have some time this afternoon and this evening for those who want to argue about the potency of this amendment or whether it has some shortcomings to offer amendments. We will be meeting at about 11:30 in the leader's office with five or six Senators who have a particular interest or bipartisan interests and may have amendments. We will be meeting in the leader's office to see if we can't discuss them. I hope Senators who have raised issues about it and who have indicated they have amendments will join us and be prepared to talk on our bill on which they have amendments, and to bring forth their ideas also. Later in the day, if we continue to debate this issue, I will have more to say about why we need it, and I will discuss the specific provisions of this amendment in more detail. Let me just quickly read three or four provisions that I think should dispel some of the concerns that have been raised. If they do not quite do the job, let's talk about it. On page 2 of the amendment, for those who are wondering whether the Secretary of Energy, a Cabinet member, will still be in charge of this semiautonomous agency, when you call it ``semiautonomous,'' it means that somebody is in control of it and, therefore, it is not autonomous. That is why semiautonomous is included as a description. But the amendment says, first: The Secretary shall be responsible for all policies of the agency. The Under Secretary for Nuclear Stewardship shall report solely and directly to the Secretary, and shall be subject to the supervision and direction of the Secretary. Skipping on a bit, to page 2 of the amendment: The Secretary may direct other officials of the Department who are not within the Agency for Nuclear Stewardship to review the agency's program and to make recommendations to the Secretary regarding the administration of such programs, including the consistency with other similar programs and activities of the Department. There are some who want to make sure the Secretary has sufficient input, that he will have sufficient opportunity to look at what they are doing and make determinations as to the propriety of consistency with the Secretary's policies. I think what we just said makes the case. This morning, one of those writers who has been covering the deliberations in the Washington Post talked about the chief of nuclear stewardship counterintelligence and how there might be some inconsistency within that particular person's effort and what the Secretary's policies are on counterintelligence. I refer to page 4 of the amendment. I read the following at the bottom of the page: The Chief of Nuclear Stewardship Counterintelligence shall report to the Under Secretary, and implement the counterintelligence policies directed by the Secretary and the Under Secretary. The Chief of Nuclear Stewardship Counterintelligence shall have direct access to the Secretary and all other officials of the Department and its contractors concerning counterintelligence matters, and shall be responsible for. . . . Then it proceeds to delineate for what they will be responsible. Mr. President, how much time do we have remaining on our side, and how much remains as a whole?

Mr. DOMENICI. Mr. President, I thank a number of people. We have come a long way from not knowing exactly what we ought to do to a very strong cadre of Senators in a bipartisan nature who have decided that this amendment should be adopted, and perhaps a couple of changes and technical adjustments can be made. But this is not just the work of three sponsors. I am very pleased to have been one of the three who has gathered. I note the Armed Services Committee's input is represented in this bill and has been present at almost all the meetings in the form of the chairman, John Warner. Senator Warner has been an integral part, along with the Armed Services Committee staff which has knowledge in this particular area. The Intelligence Committee has been excellent. While they have conducted their hearings--and they had a heavy workload to get ready for this bill--they have taken significant time to discuss this issue and to discuss this approach. This amendment is cosponsored by the chairman and cochairman of the Intelligence Committee. I thank Senator Shelby, the chairman, for his fine cooperation and that of his staff, and, obviously, the presence of Senator Bob Kerrey on the floor indicates he is totally cognizant, fully aware of this, and supports what we are trying to do. In addition, obviously there has been tireless work in terms of trying to get the facts in the name of the chairman of the Energy and Natural Resources Committee. Senator Murkowski of Alaska has spent a great deal of time with a very competent staff. It is small in number but efficient and knowledgeable. They have conducted some of the best hearings on this subject matter. I am very pleased he is taking an active role. The fact he is on this bill and articulately defending the approach within the amendment is very helpful and should be helpful to the Senate.

Mr. DOMENICI. I understand that is not possible. I understand there are some who are now relying upon the time that is set for the vote around 20 minutes of 11 and who may be absent from the Hill. So we can't do that.

Mr. DOMENICI. I note Senator Kyl's presence on the floor. I want to talk with him for a moment. I am not at all sure there will be additional time used on the other side of the aisle. When Senator Kerrey left the floor for other urgent business, he suggested there was not any more time on that side. I would like to yield to Senator Kyl the remaining time on our side. I am very hopeful, if there is going to be a wrap-up before the vote, that we will be able to get 2 or 3 minutes from the other side, although I am not sure that is the case at this point. I yield the floor.

Mr. DOMENICI. Mr. President, I yield 5 minutes off our side to the Senator from Kentucky.

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