Pete Domenici

Mr. DOMENICI

Mr. DOMENICI. I agree with the senior Senator from California.

Mr. DOMENICI. We all seem to be in agreement on this issue as well.

Mr. DOMENICI. I likewise share this understanding of how the bill should be implemented.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I have not been coming to the floor for a lot of speeches about our fellow Senators, nor have I given very many as they are departing. I do intend to do that in the next few months for all of them, but I would not dare let this record go today without my having an opportunity to share some remarks with the Senate about the Senator from Oklahoma. There is nobody here that has served on as many committees together as Senator Nickles and Senator Domenici. We have been thrilled to work on the Energy Committee. He has told us the facts about energy. He has told us the impact that was made by that committee, and nobody can doubt that to have the Senator from Oklahoma come to that committee, having lived with the ridiculousness of the rules on natural gas, having him there was a great stimulus to change, once and for all--we did a little bit and we opened the floodgates--to give the country a great supply of energy called natural gas. More important than that, he is one who takes an opportunity to come forth with an idea, with a cause, and set it forth when people do not even think it has a chance. All of a sudden it gathers some more momentum, and then it is a big issue, and nobody believes it but pretty soon it passes and becomes law. There are so many that we cannot talk about them. The Senator has talked about some of them. When you came here, your senior Senator was kind of the opposite of you. He was a great hulk of a man. He was older than you by far. If he ever bragged, it was about being a Marine lieutenant tank commander. He used to look at me and tell me: Well, I do not know. This Nickles is just too young. I am not sure he can do this job. Well, I am sure he told you some of those things when you were running or preparing to run, but your youth had nothing to do with your success. You were going to get it done because you have a great capacity to lead and to work with people. It has been my privilege to have you as my teammate. There is one thing for sure, this place does not succeed without people who have talent. We can all look that over and say it is not so, but it is so. You are a very talented man, but talent is not enough. You have to be loyal. Senator Nickles is the second most senior serving Senator on the Budget Committee, 20 years. I am the one who was goofy enough to serve more, but he was there during most of my time. Many times, Senator Don Nickles did not get exactly what he wanted, but when it came to the time of getting something for this Senate that would permit us to follow that Budget Act, you never worried about Don Nickles. He may have pushed and shoved and maybe held out to the end, but when the time came that you said, We have to do this, Don, he understood. That is because of what he just said here today. He really loves this place. He learned how to love it. He did not love it when he came here. He might have told his colleagues that he started liking it, but he did not love it the first few years like he does now. I had the privilege once of nominating him for a leadership job. He will not ever forget that introduction because he was thinking I was not going to be speaking in behalf of him, but I surely was. I said something like, Don Nickles came here and he was just too young. Then I proceeded to say, however, I have never seen a Senator mature as much and as fast as he has in terms of acquiring the skills and the capacity and understanding to be a Senator, after which time I suggested that he should win that particular job he was seeking. He did, obviously. I did not have anything to do with it, but nonetheless that is sort of the way I saw him for the first 8, 10, or 12 years. Senator, you never stopped. You never stopped growing, and I think to grow in this place, besides the qualities I have just described, you have to end up understanding what the Senate is. I have heard you many times in the last part of your career talk about what a great place this is, and I really believe you understand it. I think you understand that it is not just some legislative body. You have many times cast your vote, done your work, chastised and begged, cajoled people to do things because you would tell them sometimes when it was urgent that this is the Senate and we cannot be all on our own. We have to be a part of this place, and sometimes you have to do things to make it work. I commend you for all of that and the policies and philosophies that you brought here. We did not agree on some of them. We have not agreed on everything, but I say the Senate was better off for every single day that you were here, and it will not be quite as good until somebody comes along and fills your seat. As our distinguished whip said, it is a continuing place, and we will go on. But I honestly think there will be sort of a place here for you, and we will remember how you used to do things, and, yes, Senator, you will know how you grew in terms of working with the other side. I mean, all of a sudden you would have something and we would wonder what is going on, and you would announce your cosponsor and we would say, well, he started with something that was not going to work, but he has been working at it and it is going to work. I commend you for that. That is the end product of real growth and a real ability to get done what you thought was good. So I will miss you and your wonderful family and your wife. You have been through some tough problems with the family just like many of us. You have come through it strong and robust, and your children are beautiful and successful. As far as the prayer breakfast is concerned, you have stated this morning in beautiful terms, just as a matter of fact, with Doug Coe and other names, but I can remember talking to you many times about that, how it made you mature also in terms of your faith, in terms of how we prayed and how we did other things. For that relationship, I thank you. It has little to do with the Senate, but if it were not for the Senate, we would not have had that experience together. So this is a good day because we get to say something about a great Senator, but on the other hand not so good a day because we say goodbye. He is young enough to honestly spend another 24 years here. I am 72 and I have been here 33 years, so I clearly could have left a while ago. Then I would be out there doing whatever you are going to be doing; I am sure you will have a lot more leisure time. You can hit the ball. Me, maybe I could play with my 11 grandchildren now, and growing. Thank you, Don. It has been great to be your friend.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I rise today to take this opportunity to honor our departing colleagues who are leaving the Senate. Almost each new Congress a different group of 100 men and women come together from different backgrounds and political philosophies, representing different interests and constituencies, but through all our differences, we develop respect and admiration for each other. Many times we step across the aisle and work together on legislation and often times genuine friendships are created. As I pay tribute to these departing Senators, whether they have been here 1 term or 7, they are a remarkable group and we thank them for their honorable service. Ben Campbell Ben Nighthorse Campbell has been more than just a neighbor Senator from out west, but a close friend and colleague. I have worked with Senator Campbell on the Senate Appropriations Committee, the Energy and Natural Resources Committee and the Indian Affairs Committee. During his 18 years in the United States Congress, Senator Campbell has earned the respect of members on both sides of the aisle as being a statesman and staunch advocate for the State of Colorado. In addition, he is the sole American Indian serving in the Senate, and he is also a Northern Cheyenne tribal chief. His work on behalf of tribes is legendary, and I know he will be sorely missed by the American Indian people. Senator Campbell has been a recognized leader on public land and natural resource policy. Since New Mexico and Colorado face similar challenges, we have worked closely on these matters, and it has been a privilege to work with someone so passionate about improving land management policies. Senator Campbell is a veteran, Olympian, and public servant, and he has selflessly devoted himself to serving his State and country for over half a century. Senator Campbell is a unique individual who I call a friend. His love of nature, his family and his roots is continually evident. As a father, grandfather, and Senator, I know that Senator Nighthorse Campbell and his loved ones will be glad to have more time for family activities. He proudly represented Colorado and its people. His leadership and presence will be greatly missed by all. I wish him the best of luck in all of his future endeavors. John Breaux John Breaux is retiring after serving 3 terms in the Senate. I would like to take this time to acknowledge a friend, colleague, and dedicated public servant. Senator Breaux was elected to the House of Representatives in 1972 at the age of 28, and at that time, he was the youngest member of Congress. After serving 14 years in the House, the people of Louisiana elected John Breaux to the Senate in 1986. I have had the pleasure of working closely with Senator Breaux on many energy matters over the years. During this time, I have admired his ability to find common ground between those who hold disparate views. His uncanny ability to bring industry leaders, policy makers, and administration leaders together is unique, and I will always appreciate his candor in resolving energy policy differences. John was always someone I could reach across the aisle to work with on the Budget Resolutions. It is well known that Senator Breaux is passionate about improving health care for all Americans. He worked tirelessly on welfare and health care issues, and took an active interest in the elderly as a member of the Finance Committee and a leader of the Special Committee on Aging, just last year he played an integral part in drafting the Medicare Prescription Drug and Modernization Act of 2003. This historic legislation will provide relief to the millions of people struggling to pay for prescription drugs and he should be honored for his dedication to this bill. Senator Breaux's work has touched the lives of a great many Americans, and his talents and unrivaled sense of humor will be sorely missed in the Senate. Just as importantly, he has been a great advocate for his home State of Louisiana, and his State has been lucky to have his service for so many years. In the course of working together for so many years, I have developed genuine respect for Senator Breaux. I thank him for years of distinguished service, and wish him the very best in all his future undertakings. I will miss Senator John Breaux. Zell Miller I wish to take this time to honor a great senator and a true American patriot, Zell Miller. He is a man who has served Georgia with dignity and honor these past 4 years in the United States Senate. Zell Miller embraced public service early on in his life. His mother served as one of Georgia's first female mayors. She taught him early on about public service and a strong work ethic, which he has exemplified throughout his career. In the late 1950s, Zell Miller served as mayor of his hometown of Young Harris, GA. He then went on to serve as a State Senator, Lieutenant Governor, and eventually served in the highest power in the state of Georgia as Governor. Not surprisingly, Zell Miller was named by the Washington Post in 1998 as the most popular governor in America and the Governing Magazine named him Governor of the Year in 1998. These career paths finally led him to the United States Senate in 2000. While Zell Miller was invested in politics, he was also dedicated to education and students. Throughout his career, Zell Miller was a professor of political science and history at the Emory University, University of Georgia, and Young Harris College. Senator Miller has continuously reached across the aisle to work with Republicans, but it is probably best stated in his own words when he pointed out that while he is a lifelong Democrat, he pledged to serve all 8.5 million Georgians and no single party in the Senate. Through this approach, Zell Miller has been a supporter of a broad range of issues such as tax cuts, improving education, strengthening national security, and fighting the global war on terrorism. While in the Senate, he dutifully served on the Agriculture, Nutrition, and Forestry Committee, the Banking, Housing, and Urban Development Committee, and the Veterans' Affairs Committee. His time here has been all too brief, but Senator Miller has made a difference and I will miss him. While he may be leaving the U.S. Senate, I do not doubt that we have not heard the last of Zell. I bid him farewell and extend my best wishes to him and his family. Tom Daschle I would like to pay tribute to a respected colleague who is leaving the Senate after a long and distinguished career. Senator Tom Daschle worked hard, for 8 years as a Member of the House of Representatives and for 18 years as a United States Senator, to represent the interests of voters across the State of South Dakota. As the leader of his party for the past 10 years, Senator Daschle has proven himself to be a capable legislator and moreover, an advocate for his State's and party's interests. During the 108th Congress, Senator Daschle served on four committees: Agriculture, Nutrition, and Forestry, Finance, and Rules and Administration; and today he serves as the Senior Senator and the Democratic Leader of the Senate. Influenced by his formative experiences during the Vietnam War as an intelligence officer in the Air Force, Senator Daschle worked hard to serve the interests of veterans across this great country. His most notable achievement in this field was the enactment of legislation securing benefits for those soldiers exposed to Agent Orange. During his tenure, Senator Daschle also developed a reputation for being a shrewd legislator on issues related to agriculture and South Dakota's farming community. He was always apprised of even the most minute issues at stake and thus ensured that all of his constituents were represented at the negotiating table. Senator Daschle fought tirelessly for his beliefs throughout his time in the Senate. I wish Senator Daschle and his family the very best in the years ahead. Bob Graham I have a great affection for the departing Senator from Florida Bob Graham. After 18 years of dedicated service to his country and to the people of Florida, all of us in this Chamber will certainly miss the Senator as he retires from elected office. I had the pleasure of serving on the Energy and Natural Resources Committee with Senator Graham during the past 9 years. During that time, I had the opportunity to work with Senator Graham on a number of important issues. He proved to be a sound leader for his party and a member committed to bipartisan solutions. Senator Graham's brief tenure as Chairman of the Select Intelligence Committee, came during one of the most trying times our Nation has faced, the attack on our country by terrorists on September 11, 2001. Senator Graham worked closely with his House counterpart, and current Director of Central Intelligence, Porter Goss to lead a joint Senate- House inquiry into the attacks on our nation. Although he was first elected to the Senate in 1986, Senator Graham has been serving the people of Florida since 1966 when he was first elected to that State's House of Representatives. After serving in the House for 4 years and in the State Senate for 8 years, Senator Graham was elected the 38th Governor of the State of Florida. In spite of these accomplishments, it is fair to say that Senator Graham will perhaps be most memorable for instituting the ``Workdays'' he began in 1974 and continued during his time in the Senate. Senator Graham began the ``Workdays'' by teaching a semester of civics courses at a Miami area high school. I wish Senator Graham, his wife Adele, and his children and grandchildren the very best in the coming years. Ernest Hollings Ernest ``Fritz'' Hollings devoted his entire adult life to public service. He admirably served 7 terms as a U.S. Senator and today he is the fourth most senior member of the Senate, and he also hold the distinction of being the longest serving junior Senator in history. His service to our country began immediately after he graduated from The Citadel in 1942 when he received a commission from the U.S. Army. Throughout his honorable military service Senator Hollings received the Bronze Star and seven campaign ribbons. He served as an officer in the North African and European campaigns during World War II. After returning from the war, Fritz attended the University of South Carolina School of Law where he completed his Juris Doctorate in less than 3 years. At the age of 26, Fritz Hollings launched his public service career when he was elected to the South Carolina House of Representatives. He went on to become Speaker Pro Tempore, Lieutenant Governor, and at the age of 36 Governor of South Carolina becoming the youngest man in the 20th century to be elected Governor of South Carolina. It has been a great honor to work with Fritz Hollings over these many years. We were able to work together while serving on the Senate Budget Committee and the Senate Appropriations Committee together. He consistently fought for fiscal responsibility and a reliable Government for the people. As a principal author of the 1996 Telecommunications Act, Senator Hollings was a perfect candidate to serve as the ranking member on the Commerce, Science, and Transportation Committee during the 108th Congress. Through this position, Senator Hollings developed legislation to strengthen national security for our nation's port, railroad, and aviation systems. Senator Hollings has served the Senate in so many ways over the past 42 years it is impossible to know where to begin showcasing his contributions. Therefore, I would just like to say that he has continued over the years to work to better not only the lives of South Carolinians, but all the people of our nation. Senator Hollings will certainly be missed around here. I bid him farewell and extend my best wishes to him and his family. Peter Fitzgerald Senator Peter Fitzgerald is retiring from the Senate after 6 years of service to his home State of Illinois. Prior to joining the Senate, Senator Fitzgerald was a commercial banking attorney and in this position played a significant role in investigations of corporate accounting fraud, mutual fund industry abuses, chronic under-funding of employee pensions, and waste, fraud and mismanagement in various Federal agencies. In 1993, he embarked upon his public service work when he began serving as an Illinois State Senator until his election to the U.S. Senate in 1998 at the young age of 38. Peter was the first Republican in Illinois to win a Senate race in 20 years. Even though his time here was brief, he has been able to establish himself as a fiscally responsible Senator. He has consistently backed efforts to control spending and reduce taxes. Through these actions, Senator Fitzgerald has received many awards from taxpayer watchdog groups such as the Americans for Tax Reform, who has repeatedly named him a ``Hero of the American Taxpayer.'' While serving as chairman of the Commerce Subcommittee on Consumer Affairs and Product Safety, Peter has also led a successful fight to improve outdated consumer safety regulations. These regulations brought about higher testing and safety standards for child car seats and improved car safety features that benefit all Americans. Senator Fitzgerald will be missed, though I'm sure he is now looking forward to spending more time with his wife Nina and their son Jake. I wish him the best of luck in his future endeavors. John Edwards Finally, I would like to acknowledge my retiring colleague from North Carolina, Senator John Edwards. Senator Edwards was the first in his family to attend college, working his way through North Carolina State University and later earning his law degree from the University of North Carolina. Afterward, John Edwards established himself as a distinguished and successful lawyer. These accomplishments alone are quite striking and aptly demonstrate the intelligence and determination of Senator Edwards. During his time in the Senate, Senator Edwards served on four committees: Health, Education, Labor & Pensions, the Judiciary, the Small Business & Entrepreneurship, and the Select Intelligence. He continually championed for issues affecting the daily lives of regular people in North Carolina and the nation. I am sure Senator Edwards will find success in any endeavor he now chooses to undertake and I join with my colleagues in wishing him the best.

Mr. DOMENICI

Mr. DOMENICI. Will the Senator yield?

Mr. DOMENICI. Mr. President, I note that Senator Akaka and the distinguished senior Senator from Hawaii are on the floor. First, I want to say they have been gracious. Many Senators had a part in this very major bill, with 24, 28, maybe even 30 pieces of legislation for their States. I say to the Senators from Hawaii, you had a perfect right to insist that your bill, which has just been described by the distinguished Senator from Arizona, be in that bill. That could have caused the bill to probably be here a long time, the big bill, and you graciously said, if we can work something else out, let's try. We did. As a result, we passed this bill for many Senators, and we said to you, both Senators from Hawaii, we will do our best to get your very important bill, described by the Senator from Arizona, up. We cannot assure that. I cannot guarantee that. This is the Senate. But we do have a letter with all of the people who are in the leadership, I, myself, by the distinguished two Senators from Arizona, that we will do our best. We described it and everyone knows of it. Today we thought we would tell the Senate and give this assurance in the Record to our two Senators from Hawaii that we are serious, that we will do our part in trying to make sure their bill comes to a vote in the Senate by the date they have agreed to and we have agreed to. I say to Senator Kyl, I thank you for your diligent efforts in helping with this. Every Senator who got something in that legislation that is now going to the House will know what we have done. Thank you very much.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I rise today to support, with my friend Senator Dodd this resolution regarding National Character Counts Week.'' Our resolution says the week of October 17th of this year will be known across the country as National Character Counts Week. Nearly a century ago President Theodore Roosevelt said the following about character: Character, in the long run, is the decisive factor in the life of an individual and of nations alike. I submit that character truly does transcend time as well as religious, cultural, political, and socio-economic barriers. I believe our country is having a renewed focus on character and this sends a wonderful message to Americans, and will help those of us involved in character education reinvigorate our efforts to get communities and schools involved. I say that because a number of years ago we started this approach to character education called ``character counts.'' Senators Nunn, Dodd and I first submitted the resolution that has now passed the Senate on innumerable occasions. The resolution simply declares that for all of America, one week during the year will be known as National Character Counts Week. Frankly, we hear a lot about how we should help our young people growing up in this often difficult society. However, I believe the key is finding those ideas and programs that work. We all understand that there are certain people who have the primary responsibility to care for our children like mothers, fathers, siblings, and grandparents. We are not in any way talking about negating that responsibility of raising a child with good values. However, we have found the teachers in our schools have been yearning for something they could teach our children that for some reason had been eliminated from both the public and private school agenda curriculum. It is sometimes referred to as character education. I choose to speak about the ``character counts'' program that is being used in many public schools in our country, and certainly in my State of New Mexico where teachers embrace the six pillars of character. The values comprising the six pillars are everyday concepts that Americans across this land wish their children would have and hope America will keep. They are simply: trustworthiness, respect, responsibility, fairness, caring, and citizenship. They transcend political and social barriers and are central to the ideals on which this Nation was built. I could speak for hours about the 200,000 New Mexico schoolchildren in public, private and parochial schools learning about good character. About 90 percent of the grade school children, and a significant portion of the others, are now participating in character education programs that simply and profoundly bring them into contact with each of these Pillars one month at a time. So if one walks the halls of a grade school in Albuquerque, they might see a sign outside that says, ``This Is Responsibility Month.'' And all the young people will be discussing the concept of responsibility in their classrooms, and they will put up posters saying, ``responsibility counts.'' At the end of that month they may have an assembly where responsibility will be discussed by all the kids, and awards will be given to those demonstrating the most responsibility. The next month it might be ``respect.'' The month after that it might be ``caring.'' I could go on for quite some time talking about ``character counts'' in New Mexico. The bottom line is that I believe it is working in New Mexico and other parts of the country. Consequently, I think we need to salute the efforts already underway and encourage even more character education across our country. So today, Senator Dodd and I are here to submit a resolution to accomplish just that and hopefully our renewed effort will bring together even more communities to ensure that character education is a part of every child's life. I hope that my colleagues will support this effort.

Mr. DOMENICI

Mr. DOMENICI. Will the Senator yield?.

Mr. DOMENICI. Yes, discussion of this bill. First, I want to say I have a little amendment pending, but believe me, I do not intend to delay things. I will offer it with Senator Bingaman, so I am not running to my office, and the Senator does not have to call me back with anything. I want to tell the Senator why things are taking so long. We have Senator Harkin. He has a legitimate point. I mean, the whole law of the land on big subjects that the conferees know nothing about in appropriations should not be changed. The Senator from Iowa can speak for himself, but I have a situation where the conferees on that subcommittee have not had a hearing on the huge program called the milk subsidy for America. They changed it. They extended part of it. They added a new subsidy and a new forward contract. Now, how do they know how that affects Oklahoma, California, or Texas? They do not, but there are enough people on the conference to do that, and Senators know about that. Now, I am a player, and there is nobody who has more respect for what the Senator is trying to do than I, but there comes a point where one cannot stand it anymore. People want this big bill to protect our country, Homeland Security, but they do not have to protect some cows along with it, do they? We are not here for a cow protection program; we are here to protect America. So if they do that--I do the rules, although not very often, but that bill has three perfect points of order in it. I say to the leader, they will be made, and they are all debatable. Unless they can get to the floor to make a motion to table, we will be here and then we can talk a little bit. So the great desire of the Senator to get out of here Sunday, I can tell the Senator that if he brings that bill out here with that on it, we are here until Wednesday. That is a cinch.

Mr. DOMENICI. They haven't yet.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I rise to submit a resolution recognizing the essential role that nuclear power plays in our national energy policy and to voice support for this remarkable technology. America's nuclear power reactors supply electricity for one in five homes and businesses in the United States and do so affordably, reliably and without producing any emissions. To ensure that nuclear energy's important contribution to our nation continues, we must develop and build new nuclear power plants based on advanced technology and safety features. Our Nation will require 40 percent more energy by 2020, requiring the use of all available energy sources--wind, solar, hydro, natural gas, coal and nuclear energy. Even the most aggressive conservation and energy efficient programs will not satisfy all of our increasing energy needs. We will require significant additional electric generating capacity to meet this rising demand--electricity generation that is absolutely necessary to keep our economy growing. And we must provide this new power while protecting our environment. America's 103 nuclear power reactors provide safe, clean and reliable, baseload electricity around the clock. Over the past 50 years, America's nuclear power plants have posted a safety record that is unrivalled. In addition, nuclear plants produce electricity without producing harmful emissions or greenhouse gases. Nuclear energy is the only major energy source that is both emission- free and expandable. The use of nuclear energy also reduces our dependence on foreign sources of energy. Protecting our Nation's energy independence must remain at the forefront of our energy policy decisions. Since scientists first harnessed the power of the atom for the benefit of mankind, the United States has led the world in the development of nuclear science and technology. With some 29 nuclear reactors under construction in other countries, the United State's leadership role in commercial nuclear power could be diminished. Our scientists, engineers and technicians must research, develop and build new nuclear facilities to keep their skills sharp and further their knowledge. In addition, new plant project also will mean more jobs for those scientists, engineers and technicians, as well as many other trades. America's nuclear power plants contribute to nonproliferation efforts. Through the public-private ``Megatons to Megawatts'' program, which this body has strongly supported, 50 percent of the fuel used in our commercial reactors comes from converted Russian warheads. Nuclear energy also is one of the most efficient means of producing hydrogen, another key to our energy future. Hydrogen will help reduce our dependence on imported petroleum in the transportation sector, and, like nuclear energy, is a clean air energy. Therefore, I call upon my colleagues to join me in support of this resolution recognizing nuclear energy's important contributions to our Nation, such as maintaining our energy independence and protecting our environment. And I urge all of you to join me in supporting research, development and construction of new nuclear power plants today, so that nuclear energy can continue providing these benefits in the future.

Mr. DOMENICI

Mr. DOMENICI. Madam President, I rise first to congratulate the committee on the hard work they have put into this bill, in particular Senator Susan Collins, who I think has done a wonderful job. This was a very difficult situation. She and Senator Lieberman have led the committee in an admirable way. What I have to say is just what I hope will be seriously considered as the bill moves its way through to final completion by the House and Senate, ultimately to be in a form that can be signed by the President. I rise to discuss one aspect of the bill concerning privacy and civil liberties. The bill before us has many appropriate suggestions for reforming our intelligence activities. Part of this reform includes the transformation of the Central Intelligence Agency and the enhancement of the human intelligence capability. We have heard over and over again that we must increase our human intelligence. Almost every time we get in a situation where we wonder what is happening in some country--even sometimes when we are engaged in war--we ask, Do we know this? Do we know that? The answers are we should, but we don't because we don't have anyone there. We don't have anyone on the ground. That wasn't always the case, but it has become a growing difficulty. Actually, I think we should be getting better and better at it. What concerns me is that part of this reform in this bill includes the transformation of the Central Intelligence Agency and its enhancement of human intelligence, as I said, but this reform in human intelligence is very critical because we must get better at it. But, simultaneously, we must not inhibit it with overreaching privacy and civil liberties provisions that may have a chilling effect on such activities. Simply put, I believe these provisions send a wrong message to our professional intelligence officers. Clearly, the 9/11 Commission report includes recommendations highlighting the need for adequate supervision of executive branch powers in order to protect civil liberties. As a modern democracy, we cherish individual rights and understand the importance of creating institutions with a clear mandate for protecting those civil rights. However, this bill establishes two officers in the National Intelligence Authority to oversee compliance of privacy policies and civil rights and civil liberties policies. It also creates no fewer than eight similar officers for each of the executive branch departments and agencies concerned with national security. These officers would be required to recommend privacy and civil liberties policies and to: periodically investigate and review department, agency, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that [they are] adequately considering privacy and civil liberties in [their] actions. These officers are created in addition to an inspector general of the National Intelligence Authority. Clearly, insisting on all of these goes well beyond what is necessary and may well hurt our attempt to improve our human intelligence. Our history of intelligence reform has many examples of sending wrong messages to our intelligence officers. The restrictions and bureaucratic oversight instituted in the past have often hampered the aggressiveness of operations and left our policymakers with less than a complete picture about critical intelligence matters. The chilling effect that began with the Church hearings in the 1970s, while it did some things that were good--the chilling effect is long remembered. It has had a long, long effect. The 1995 directive issued by former CIA Director John Deutch, which limited officers from including unsavory individuals, was also something that had enormous chilling effects and caused some difficulty in obtaining the kind of people we needed as the human resources we have been describing. My concern is that excessive oversight established by this current bill will do the same thing, if not more. It will leave case officers who do human intelligence missions concerned that they cannot do their jobs to the best of their ability without worrying about being disciplined or somebody kind of looking over their shoulder. Some people have called this reluctance by operations officers, by these officers, ``risk aversion.'' I don't know if that is the right characterization, but certainly we have had difficulties accomplishing certain missions because we could not get enough trained people on the ground in critical places throughout the world. I am concerned that the oversight provisions of sections 126, 127, and 212 in this bill will continue to hurt us in this area. Having said that, I believe removing these provisions would create a much better balance between the Government authority needed to protect America and the civil liberties we hold so dear. Removing these sections that create too many oversight positions would remove redundancy while maintaining the Privacy and Civil Liberties Oversight Board that was recommended by the national commission. Once again, I believe this bill does a very good job of enhancing our intelligence system, but let us not undermine these positive steps before they have had a chance to work. I yield the floor. I suggest the absence of a quorum.

Mr. DOMENICI. Madam President, when I delivered my short remarks in reference to the privacy and civil liberties provision, I failed to mention the other provisions in the bill that attempt to provide similar or corresponding type relationships. One is called the privacy and civil liberties oversight board. That is a very different thing within the purview of intelligence activities. It is almost political in nature. It is appointed by the President and confirmed by the Senate, three members of one party and two of the other. It seems to me a very significant intrusion, perhaps, if one of those institutions will have a very chilling effect. In addition to all of those I have mentioned, four, that is five; I mentioned six, that is seven; and now we have an eighth, which is an ombudsman, which seems, at least to me, to be a bit of piling on in this bill. You get one, and you think it is OK; someone has another; and someone has another. There is no criticism in that, but that is what it appears to me. We used to call that piling on when we went into conference where somebody seemed to be piling on because they have so many provisions affecting the same thing. But in this case, if that is what it is, it will have serious potential for repercussions that we don't want. I thank you, Madam President, and the Senate for yielding me this time.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I ask unanimous consent that I be removed as a cosponsor from amendment No. 3801 to the National Intelligence Reform Act of 2004, S. 2845. There has been a misunderstanding. That is the reason I ask that this request be granted.

Mr. DOMENICI

Mr. DOMENICI. Between the votes. Not on the first amendment.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I would like to discuss the good that occurs when a community joins together. This relates to a wonderful program I have been proud to promote in New Mexico for the past 10 years--Character Counts--and the support it gets from the business community. We have had troubling and disappointing news over the past few years about corporate scandals and questionable ethics in the corporate world. So it is with great pleasure to be able to discuss a story about responsible and caring business behavior. For the fourth straight year, Northrop Grumman has teamed with other local organizations to help at-risk youth experience the Albuquerque International Balloon Fiesta. On October 7 through 8, eight elementary-age students in the Character Counts education program run through the Albuquerque YMCA and the Boys and Girls Clubs of Albuquerque and Rio Rancho will be treated to a field trip to the Balloon Fiesta courtesy of the Northrop Grumman and its partners--Meals on Wheels and the Albuquerque International Balloon Fiesta organization. The children and their chaperones will be treated to tethered balloon rides and generally feted throughout the day as special guests. Now, this is more than just a simple do-good action by a major corporation. For these children it is a once-in-a-lifetime adventure linked to the Character Counts education program that builds into their lives the benefits of Respect, Responsibility, Trustworthiness, Citizenship, Fairness, and Caring. These are the six pillars of good character. The Balloon Fiesta outing is a joint effort by these companies and organizations with the Albuquerque Character Counts Cooperative. We know these trips impact these children's lives. It is not only a reward for excelling at Character Counts, but also an entertaining way for them to broaden their horizons, meet community leaders and have a ballooning experience they might not have otherwise ever experienced. Character Counts is an incredibly successful character education initiative. We are celebrating its 10-year history in New Mexico and these annual balloon fiesta field trips for outstanding students are a key component to helping youth become inspired by adults who are role models of the Character Counts pillars. So I express my appreciation to the team of businesses and groups who have helped make the overall Character Counts program a success in New Mexico. In particular, I am pleased with Northrup Grumman, the YMCA, the Boys and Girls Clubs, Meals on Wheels and Albuquerque International Balloon Fiesta for broadening the horizons for children.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I would like to announce for the information of the Senate and the public that the following hearing has been scheduled before the committee on Energy and Natural Resources. The hearing will be held on Thursday, September 30 at 10:30 a.m., in room SD-366. The purpose of this hearing is to receive testimony regarding issues related to low level radioactive waste. 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, SD-364 Dirksen Senate Office Building, Washington, DC 20510-6150. For further information, please contact: Clint Williamson at 202-224- 7556, Dr. Pete Lyons at 202-224-5861 or Shane Perkins at 202-224-7555.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I rise today in strong support of the nomination of Porter Goss to be Director of Central Intelligence. Few people are as eminently qualified as he to lead the CIA at this critical time in our Nation's history. Porter Goss combines experience as both a U.S. Army Intelligence and CIA officer with 15 years as a Member of the U.S. House of Representatives. During his time in Congress he has used his knowledge and experience to serve as chairman of the House Permanent Select Committee on Intelligence. He is a public servant who has earned our confidence and that of the President to lead the dedicated men and women of the CIA who work tirelessly to preserve our Nation's security. Now at this time when Congress is working hard to reshape our intelligence services, I applaud the President for nominating a man like Porter Goss who understands what is working with intelligence and that which needs to be improved. And based on his experience, he will undoubtedly be as well prepared as any DCI to communicate with Congress concerning the needs of the CIA, and to understand the oversight responsibilities of the legislative branch as it pertains to the intelligence community. The challenges we face in defeating global terrorism remain great. Porter Goss understands where we have made mistakes in both intelligence operations and assessment. He understands that we need improved human intelligence capabilities, as well as a culture of competition among intelligence analysts, to ensure that policymakers have objective information and a range of options to choose from in meeting the terrorist challenge. Porter Goss is committed to making these changes on behalf of the American people. In conclusion, I believe the President has chosen the right man to lead the CIA in its very important work, and I strongly support the nomination of Porter Goss.

Mr. DOMENICI

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

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

Mr. DOMENICI

Mr. DOMENICI. Mr. President, I ask unanimous consent that we proceed as in morning business for the following two items: That Senator Dorgan be permitted to proceed after the Senator from New Mexico for 5 minutes to speak as in morning business, and the Senator from New Mexico be recognized for 7 minutes to speak as in morning business, and that those are the only two speakers to be permitted as in morning business at this point, and that is for debate only.

Mr. DOMENICI. With the same conditions.

Mr. DOMENICI. So we have 7 minutes each, speeches only as in morning business, and that is all we have agreed to at this point.

Mr. DOMENICI. I thank the Chair. (The remarks of Mr. Domenici pertaining to the introduction of S. 2818 are printed in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')