Pete Domenici

Mr. DOMENICI

Mr. DOMENICI. How long might the Senator speak on this issue?

Mr. DOMENICI. We are trying to work out about 5 or 10 amendments. If we get them ready, we will call it to his attention on the bill before us. In the meantime, I am going to have no objection to his proceeding to discuss trade as in morning business. I ask the Senator if he would permit the distinguished Senator from Idaho, Mr. Craig, to speak for a couple of minutes on the issue we have just been speaking on, to wit, the House action with reference to the supplemental. When he yields, I will have no objection to the Senator from North Dakota following him, subject to the understanding that if we need to interrupt him, of course, doing it in an appropriate way, to bring in the amendments, the Senator will have no objection.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, last night I took a couple of minutes to tell the Senate that a good friend of mine, but also a great New Mexican, was dead, Colin McMillan. My friend and colleague, Senator Bingaman, just spoke of him. It is remarkable that Senator Bingaman would speak of him with such glaring words when, as a matter of fact, they ran against each other in a statewide campaign. The truth is, he was a truly outstanding man. His death is rather unexplainable. We still do not know enough about it, but we do know that he was too young to die and had succeeded at just about everything he tried in his life, starting out at the University of North Carolina where he was a Phi Beta Kappa in the college of engineering and became an enormously successful geological engineer. He was one of those who was first to grab on to the modern techniques of discerning what lies below the surface and, thus, became an expert and developed a successful company helping others locate oil and gas. He formed his own exploration company and became an oil and gas entrepreneur. Along with that achievement, he had a western craving to own a ranch, and he had a beautiful ranch. I have been there many times. It is a great place to hunt quail. His ranch is renowned for quail. My son Peter and I and others in New Mexico have been there with him many times. It is rather ironic that he was found dead at the ranch yesterday some time during the day by the ranch hands. When I spoke this morning with my oldest son, he used the word ``brutal.'' I use it today. It is truly brutal for those of us who knew him. All we can say is he succeeded at almost everything he wanted to do in life. Clearly, there are few in New Mexico who will achieve as much as he. He was really looking forward to becoming Secretary of the Navy, taking great pride in being a Marine officer for 3 years after completing his baccalaureate degree in North Carolina. I and my wife Nancy clearly have had a very tough personal loss in his death, and there is not much more I can say other than he will be missed. We will all find out someday, perhaps in the hereafter, how all this happened. In the meantime, all we can say is we will miss him terribly, and we wish for all of his family an understanding beyond normal capacity to apprehend, that there will come upon them some understanding as to why all of this happened. He had been sick. He had a recurrence of cancer that inflicted him some 2 years ago. Everybody thought he was recovered and recuperating quite well. At least we thought so and his family thought so, when this tragedy occurred. I thank the Senate for the time. Mr. President, before we call on Senators, we are expecting closure of between 5 and 10 amendments, which we will present jointly this morning on this Energy bill. The biggest issue everyone has asked so much about is the electricity title. It is a very complex title. We have tried to put together a major bipartisan amendment. It is in the hands of all the Senators and, as a result, because it is so important, it is in the hands of hundreds of experts and lobbyists and companies across this country. By Monday, everybody should know what they want to do with it, to it, or for it. It will be offered Monday with the hope that we will begin serious debate on that amendment. CAFE standards has been one of those issues of importance. We have two of the major CAFE standards amendments pending. They were offered last night. We will work out a time for voting on them on Monday. We expected another CAFE standards amendment this morning, but it has not materialized. Let's hope it does so we can get them all lined up to dispose of them Monday evening. There are about five other major issues that are being worked on, and we hope we can prove that the Senate is capable of completing this bill in five additional working days, besides last night and today, and the previous time we spent on the bill. Everyone should remember, the majority leader said we are going to finish this bill. We are scheduled for our August recess next Friday, but we have been told those recess days will not commence until we have finished this bill. I hope everybody understands that is not said in any way other than in a positive way. There is plenty of time so long as Senators do not desire an inordinate amount of time on any subject. We probably have one or two climate change amendments. We probably have, as I indicated, an additional CAFE amendment and many amendments on the electricity section. Plus, I am sure the minority leader has some amendments with reference to mandating the percentage of wind energy and solar energy that must be utilized by the utility companies. That will be thoroughly debated and voted on. There may be a couple other major issues, but I think that covers most of them--and I covered them last night reminding everybody to get ready. We always have the idea around here that we will get ready when the time is necessary. People put off things until that ominous time. On Energy amendments, the time has come. The electricity amendment is in our hands. It is major legislation. We are going to proceed with dispatch, at least as much dispatch as the Senate will let us, and we will try to push that as nicely and calmly but as rigorously as we can for the next 5 or 6 days in an effort to complete this bill. I yield the floor.

Mr. DOMENICI

Mr. DOMENICI. Mr. President, we have worked out 11 amendments we would like to dispose of today. I send a series of amendments to the desk and ask for their consideration en bloc.

Mr. DOMENICI. I ask unanimous consent that the reading of the amendments be dispensed with.

Mr. DOMENICI. The amendments have been cleared on both sides.

Mr. DOMENICI. I move to reconsider the vote.

Mr. DOMENICI. Mr. President, I send a series of amendments to the desk and ask for their consideration en bloc.

Mr. DOMENICI. I ask unanimous consent that the reading of the amendments be dispensed with.

Mr. DOMENICI. I thank the Chair and yield the floor.

Mr. DOMENICI. The amendments have been cleared on both sides. These are clarifying and technical amendments, agreed to by Senator Bingaman and myself as the managers of the bill. I request these amendments not be counted against any reservations on the finite list of amendments.

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

Mr. DOMENICI

Mr. DOMENICI. Mr. President, parliamentary inquiry: Are we currently on the Indian amendment of Senator Campbell?

Mr. DOMENICI. I have cleared this on both sides. I ask unanimous consent that amendment be set aside so we can conduct some business this evening. There are two or three amendments of substance that Senators would like to offer. Senator Campbell and Senator Bingaman have no objection to setting this aside.

Mr. DOMENICI. Surely.

Mr. DOMENICI. Mr. President, I certainly have no objection to Senator Durbin having the first amendment this evening. I just want to make sure we have an understanding about how long he might take and what will be next. There are a number of people who want to offer similar amendments. We understood the purpose tonight was to stay, even though it is late, so Senator Durbin might offer an amendment in the area of CAFE standards, and that two other Senators might follow.

Mr. DOMENICI. Before I yield the floor, I ask if the Senator from Georgia wishes to ask something of the Senator from New Mexico, or does he want the floor?

Mr. DOMENICI. He asked to speak as in morning business prior to the amendment. I have no objection.

Mr. DOMENICI. We will then sit down. Certainly you can seek recognition.

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

Mr. DOMENICI. Mr. President, I don't object. I don't know what is going on, but I understood we were yielding so Senator Durbin could offer an amendment. Now I understand there are two amendments.

Mr. DOMENICI. I thank you.

Mr. DOMENICI. If the Senator would like to get the floor, after 5 minutes yielded to the Senator from Georgia, the Senator from New Mexico asks the floor be returned to him so he can make brief opening remarks.

Mr. DOMENICI. Mr. President, we have all been waiting for a long time. The minority has been telling us that we can't finish the Energy bill in 1 week starting on Monday and working for the entire week. Our distinguished majority leader has been telling us--at least 10 times-- that it won't be 1 week, it will be 1 week and whatever else it takes to finish it. He is sending a nice warning to all of us, as I see it, that we don't intend to put up with long delays. Nobody is offering the last phase of this Energy bill so that we can all have fun on the floor. The idea is, if you want to recess, finish the Energy bill. I will do everything in my power to keep it right in focus. But I can't do much more than the rules permit me and the minority manager on that side will let me do. But I guarantee you that from our standpoint, there will be no efforts to go outside the scope of what is required to complete an Energy bill for the United States. My colleagues know this is how the Senate works. We have scores of amendments listed on the so-called final list. But if anybody were to look at them in this country, they would say: What are you talking about? Those aren't amendments. That is right. They are not. It is just a list of words with numbers alongside them that Senators have put in. I am looking at my friend from Illinois. Some Senators put 30 and 40 of them down. There is no intention to offer those kinds of amendments. We can finish this. The fact is there are 392 amendments. It doesn't mean a thing. As a matter of fact, we have put together a bipartisan electricity bill. It was circulated. I believe that bill alone might, by itself, take between 30 and 50 of the amendments on that so-called list. Those are the kinds of things that have been incorporated in this major electricity amendment. While I am on it, let me suggest that if things work right, we should be on the electricity portion of this bill on Monday. Monday is a workday here, too, according to our leader. There is no holiday on Monday. Tomorrow is a workday, even though it is Friday. Essentially, the bill that was submitted to everyone will have many cosponsors. It has been worked out over a long period of time with almost all the interests in the electrical future of our country as part and party to seeing the solution put together. We believe it represents a very wide scope of coverage, and that should be found acceptable. Certainly there will be amendments, and we will debate them. But the main bill should be found acceptable by an overwhelming majority. In talking about what is really left in this bill, this huge bill--if we pass it and it goes to conference--will be the basis for America producing all kinds of energy for her future and jobs. I think there are seven major issues left. CAFE: My good friend from Illinois offered not two but one CAFE bill amendment tonight. He will get his turn. If not tonight, we are going to finish up CAFE in the morning. Other Senators have amendments also. With cooperation, which I think we will get, our plan is to have the next one, and the next one, and the next one, with the Senator from Illinois reserving his right. If he wants to have his amendment voted on first, he is the first one up. We believe CAFE will be disposed of. Frankly, we believe it will be disposed of by Monday night. We don't intend to spring this on everyone. This requires everybody who can be here to be here. It looks as if that will be Monday afternoon sometime. We think climate change will be offered by two or maybe three Senators. This Senator could make the point--but I think it will fall on deaf ears--that climate change doesn't belong in this bill. I don't think we have jurisdiction. I don't think it belongs in the Environment and Public Works bill. But we are going to get it anyway. We are very hopeful that can come up after CAFE. I have explained electricity. That makes three major items. Then we have one that I thought was resolved between the distinguished Senator Craig and the ranking minority member, Senator Bingaman, on hydroelectric relicensing. But I understand it has not been resolved. So we had better list it as four in terms of serious amendments. Fifth is an Indian energy issue. We just set it aside prior to the amendment of the Senator from Illinois. It involves a serious discussion between the junior Senator from Colorado, Mr. Campbell, and the minority leader. Senator Bingaman wants to amend it. I understand the distinguished Senator from Vermont, Mr. Jeffords, may also want to amend it, which would mean the Indian energy bill would have two amendments. There is the longstanding, always recurring issue called renewable portfolio standards--the RPS. I don't know whether we call it a standard. But essentially it is an approach that says we are going to take some of this renewable energy supplied by wind and solar. Even though we are giving them plenty of incentives in this legislation, indeed wind is--it is kind of a strange way of saying it--coming on strong; there is no question but that it is. It has even been enough to show up on these various diagrams that talk about energy. We have given them all kinds of incentives. But the idea is mandating that companies which produce electricity in our sovereign States have a percentage each year of the renewables. Thus, the renewable portfolio standard will be an issue. That is as I see it. That is the sixth issue. I am aware of two amendments in that area; again, one from the distinguished Senator Bingaman, and one from the distinguished Senator Jeffords from Vermont. Then everybody should know there sits on the sideline a package. It is called a tax package. The way we have been doing this on energy bills is: Those of us concerned with energy, we all go to the Finance Committee, which has total jurisdiction over taxes, including tax incentives, and we make our case, and they produce for us a package of tax incentives and tax legislation. They have done so again this year. That is ready. At a point in time--let me suggest--I cannot predict exactly, but I am thinking some time about Wednesday or the latest Thursday--we would offer this tax package in its entirety to become part of this bill. I know there are many Senators who are anxious to offer tax measures, and this tax package will be no different. It will be an opportunity, for those who want to offer tax amendments, to do so. Except I might suggest that the precedent, if you can count on it, has been that amendments that are not relevant to this package do not find themselves in this bill; that is, if somebody does not like the current state of play on the child tax credit, they may want to offer that on this bill that has incentives for windmills, incentives for biomass. I can say, here and now, as manager of this bill, the rules are the rules. Senators' prerogatives are Senators' prerogatives, but I would ask--and I will ask in advance as many Senators as I can talk to--that we table any such amendments, and we keep the tax package to the energy package. There will be some who want the Energy bill to pass, and they will quickly understand that is the right way to do it; and they will help. I don't know of any, so I am just talking. But there may be some who do not want us to finish by next Friday night or Saturday or Sunday or Monday--part of our vacation--and they may not like the idea of getting this tax package over with, and they may want to spend their recess debating taxes. I hope not because there are a lot of Senators around here who do not want to spend their recess debating taxes. They want to finish this bill and go home or go wherever their plans are. I note that our leader is serious enough about this where he can be here an extra 3 days or 6 days before his plans take effect. Just to show us he is serious, that is what it looks like in his regard. Let me tell my colleagues that it is 9:05 p.m. The minority has generously let us set aside the Indian amendment and offered the first CAFE amendment. I am hopeful that in a few minutes the senior Senator from Missouri, Mr. Bond, will be here. I am hopeful he will seek to offer a CAFE standards amendment and that the other side will be as generous as we were and let him offer his without jeopardizing the CAFE amendment of the distinguished Senator from Illinois--just setting it aside temporarily while Senator Bond offers his. Frankly, I do not see any reason after that occurs--unless somebody comes here with some business--to stick around very long. There have been many votes today. I am just as tired, if not more tired, than most of the Senators who have already left the premises. So I do not want to stay beyond the offering of the two CAFE amendments. I say to Senators, there is great cooperation taking place. And tomorrow morning, if we can get the same cooperation, the distinguished Senator from Arizona intends to offer his CAFE amendment. I say to the Senator, as you know, he has been telling us about that amendment for quite some time. And then immediately after that, if everyone continues to be somewhat harmonious, there will be another modified CAFE amendment that will be offered by Senator Feinstein, joined by others, but I know joined by Senator McCain. That will put us tomorrow, before noon, with four CAFE amendments of sorts--I say to the Senator, his being one kind and the last one I spoke to being another kind--all pending before the Senate. After they are pending, we can determine what voting on each one does, one to another. But until then, we will hope that each Senator, who is interested in what they will clearly tell us is one of their important issues, what they perceive to be very important; namely CAFE--they will have a chance to make their presentation, as I understand it. Senator Bond will be here shortly. I say to the Senator, if you do not mind, without going into any detail, I have a Senator to take my place for the rest of the evening. Death of Colin McMillan Mr. President, I received word today, not too many hours ago, that one of our President's nominees to become Secretary of the Navy, Colin McMillan--some of my colleagues knew him; he would have been up here for confirmation shortly; he was a very good friend of mine for 35 years--he is dead. That is as much as I can say. And that is not a great way to start the evening. One of my fellow Senators has told me that if I put in a brief quorum call, he will take my place and save enough time for Senator Bond, whom we have imposed upon to come down and offer his amendment.

Mr. DOMENICI. I was going to suggest the absence of a quorum. I say to the Senator, if you don't mind, I would like a Republican to be here. If he will just tell me he wants to speak on his amendment--is that what the Senator wants to do?