Ted Stevens

Mr. STEVENS

Mr. STEVENS. Madam President, our time is almost up. I am delighted to have heard the comments of the Senator from Illinois. I remember so well when we faced the problem of dealing with Federal employees back in the 1980s. We determined that a thrift plan was necessary. We encouraged members of the Federal employee workforce to set aside a portion of their income. For every $2 they set aside, the Federal Government agreed to match it with $1. I think this thrift plan has proved to be a decisive factor in maintaining the employment of key employees because it gave them a chance to reach out and be part of the general economy, to invest in the issues that were covered by the thrift plan management group. I do believe it has been a successful venture. I hope the exploration we make of the President's suggestion leads to a similar type of circumstance, to a similar development of the opportunity for everyone covered by Social Security to similarly participate in funds that are part of the general stock market, part of the general investments of the United States. So many investors now in our country participate in that way.

Mr. STEVENS

Mr. STEVENS. Madam President, it is my intention to make a statement presenting the nominee's qualifications and the consideration the Commerce Committee gave to this nomination, to be followed by time that I will yield to the Senator from Hawaii, Mr. Inouye. I hope that will be acceptable to Senator Dorgan. His time would start following Senator Inouye's time, who I understand is on the way to the Chamber. This was the first nomination that came before the Commerce Committee after I became chairman. President Bush nominated Mr. Carlos Gutierrez to be Secretary of Commerce on November 29, 2004. Mr. Gutierrez is the chairman and chief executive officer of the Kellogg Company, a major food products company based in Battle Creek, MI. The incredible story of how he got there, rising through the ranks, is a testament to the American spirit. Shortly after Fidel Castro assumed power in Cuba during the Communist revolution, Carlos Gutierrez and his family fled their native country. They arrived almost penniless in Florida and, after several years, eventually settled in Mexico City. There at the age of 20, Carlos Gutierrez took a job selling cereal out of the back of a van to small grocery stores. With a lot of hard work, 10 years later, he was general manager of Kellogg's Mexico division. Fifteen years after that, he was running the whole company. It is a great American success story by any measure. Mr. Gutierrez's nomination comes before the Senate at a time of significant change in the American economy. The shock of September 11, 2001, a series of corporate scandals, and the spending pressure of the war on terror, including the Iraq conflict, have taken their toll. However, the President's economic stimulus program, centered around tax relief, is helping our economy turn the corner. The economy has created more than 2.4 million new jobs since August of 2003--15 straight months of job gains. The unemployment rate is at 5.4 percent, down from 6.3 percent last June, and is below the average of the 1970s, 1980s, and 1990s. After-tax income has risen more than 10 percent since the end of 2000, and household wealth is now at an all-time high. Even the stock market has shown strong gains in recent months. Secretaries of Commerce spend much of their time promoting American business at home and abroad. If confirmed, Mr. Gutierrez will have an impressive record of growth at his disposal. There is much more to the Department of Commerce than representing America's economic interests. Most of the Department's budget is devoted to the National Oceanic and Atmospheric Administration. NOAA's role in predicting tsunamis was not well known outside of the Pacific coastal States before last month's devastating tsunami in Asia. The administration recently announced a strong proposal to improve detection and response to tsunami events along the U.S. coast. NOAA will be the lead in this critical endeavor. Mr. Gutierrez has probably already learned more about fisheries than he ever expected. If confirmed, he will learn much more. The recent report of the U.S. Commission on Ocean Policy reaffirms the important role that domestic fisheries play in our society. Fisheries create jobs in rural communities and provide valuable protein in the world's food supply. The report of that commission highlighted the need to manage all fisheries in a sustainable, regional manner. And that is exactly what has taken place in the State that the occupant of the Chair and I have the honor to represent. Our State, with half the coastline of the United States, has led in developing new policies to protect and preserve the reproductive capability of the fisheries off our shore. I commend the President for his Executive order creating a Committee on Ocean Policy within the White House. Those of us on the Commerce Committee look forward to working with the President and Mr. Gutierrez to ensure that our Nation's fisheries are managed sustainably, responsibly, and regionally. On January 5, Senator Inouye and I held a hearing in the Commerce Committee on this nomination. Mr. Gutierrez answered a variety of questions at the hearing and has since responded to many more written questions. The next day, the committee voted unanimously to report this nomination to the full Senate. I am here today to recommend the Senate's quick confirmation of this nomination. I thank Mr. Gutierrez for his willingness to serve our Nation and the Department of Commerce, and I join in congratulating the President on this fine nomination. Mr. Gutierrez has my strong support, and I do urge the Senate to vote to confirm this nomination as quickly as possible. Madam President, I suggest the absence of a quorum.

Mr. STEVENS. Madam President, I yield such time to the Senator from Montana as he may desire to use.

Mr. STEVENS. Mr. President, we have no further speakers on this side. I reserve the remainder of our time.

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

Mr. STEVENS. How much time is remaining?

Mr. STEVENS. Has the minority no time remaining?

Mr. STEVENS. Is it possible to get permission to yield back the balance of the minority's time?

Mr. STEVENS. I ask unanimous consent all time be yielded back.

Mr. STEVENS. I ask the Chair to put the issue before the Senate.

Mr. STEVENS. I ask that the President be immediately notified of the confirmation of this nominee.

Mr. STEVENS

Mr. STEVENS. Madam President, if there is no further business to come on this side--and I do not think there is--I yield back the remainder of our time and ask for the regular order.

Mr. STEVENS

Mr. STEVENS. I ask unanimous consent there now be a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

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

Mr. STEVENS

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

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

Mr. STEVENS

Mr. STEVENS. Mr. President, on behalf of myself and Senator Murkowski, I introduce S. 49, the Alaska Floodplain and Erosion Mitigation Commission Act. For the last several years, we have seen coastal river flooding and erosion destroy homes, public buildings, and runways, threatening the traditional lifestyle of our Alaska Native people and rural residents. Over 100 feet of land can be lost in a single storm, with homes and buildings literally being washed into the ocean. Last year, the Federal Emergency Management Agency was called in after one storm and assessed millions of dollars in damages. In Alaska, there are over 213 communities that have been identified as being affected by erosion, 4 of which are in imminent danger and will be forced to relocate. Given the devastating impacts of erosion on Alaska Native villages, I held a full 2-day Appropriations field hearing in July of 2004. Senator Conrad Burns of Montana, Senator John Sununu of New Hampshire, and Senator Lisa Murkowski were all in attendance. Testifying at the hearing were witnesses from the Federal Government, State of Alaska, and representatives from the villages most affected by coastal erosion and flooding. These hearings examined the findings and recommendations from the Government Accounting Office, GAO, report on the severe flooding and erosion problems faced in many Native Alaska villages. Congress had previously directed GAO to study flooding and erosion of Alaska Native villages and to determine the extent to which these villages are affected, identify Federal and State flooding and erosion programs, determine the current status of efforts to respond to flooding and erosion in nine villages, and identify alternatives that Congress may wish to consider when providing assistance for flooding and erosion. This bill is a culmination of the GAO report and the field hearings I have mentioned. It will focus the efforts of the Federal agencies and the State of Alaska to better serve the impacted Native villages and rural residents. This bill is intended to provide relief for these communities. It is going to be a very difficult problem to solve. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. STEVENS

Mr. STEVENS. Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Monday, January 24, 2005, for a hearing to consider the nomination of: Mr. R. James Nicholson to be Secretary of Veterans' Affairs. The hearing will take place in room 418 of the Russell Senate Office Building at 10:00 A.M. A markup on Mr. Nicholson's nomination will take place in room 418 of the Russell Senate Office Building at 2:00 P.M.

Mr. STEVENS

Mr. STEVENS. Parliamentary inquiry: It is my understanding that part of the time was to be yielded to another Senator.

Mr. STEVENS. At this time?

Mr. STEVENS. Mr. President, I rise to discuss this national intelligence reform bill with some reluctance, because as a member of the Governmental Affairs Committee I was also involved, as the chairman of the Appropriations Committee, in the enormous omnibus bill and I have not been able to pay the attention to this bill that I should have. I regret that some of my feelings about the bill reflect the fact I was not there to participate in those meetings. I do commend my colleagues in both Houses of the Congress for their hard work in coming to an agreement on this bill. As with every conference, each voice is heard but none can dominate, and compromise is absolutely required. I commend Senator Collins and Senator Lieberman for their attention to the concerns of the people of this Nation and for this bill that addresses those concerns in the wake of September 11. I do not believe this bill fully resolved all of those concerns, but the American people should know that Congress has indeed passed a bill to reform our intelligence community. This process has been a long and arduous one. I voted for the Senate version of this bill, when it passed the Senate, with reservations. I was concerned about the needs of the warfighters and the publication of the top line numbers of the intelligence community and the broad authorities granted to the Director of National Intelligence. It was my hope that these concerns would be addressed, and they have been partially met by this bill. I still believe that some of the sections of the bill grant such authorities to the Director of National Intelligence that place him or her above those of any member of the President's Cabinet, and by passing this bill we will have created an intelligence czar whose authorities will far exceed any governmental official other than the President himself. I believe this should be of some concern to every Member of the Senate, and Senator Byrd has outlined some of those concerns. This Director of National Intelligence is not an elected official and is not directly accountable to the American people. The Director of National Intelligence will only be able to be reined in by the President himself, and that, I believe, puts an overwhelming burden on the President of overseeing this official and the actions of the Director of National Intelligence on a daily basis. No one else has any way to control this official. The intelligence community has also provided support to the President, to the administration itself, and to the Congress. I fear this bill goes far beyond that role. When an individual or an organization is given such broad authorities, the lines between policymaking and information gathering become blurred. This is particularly true in the intelligence field, and I continue to have reservations as to how this new organization will integrate these duties with the overall governmental structure and particularly with those of the Secretaries of State, Defense, and Homeland Security. These are extraordinary authorities that will be given to the Director of National Intelligence. That person will exercise power far beyond those I have seen even in wartime. In my years in the Senate, I have known 12 Directors of Central Intelligence. It has been my privilege to know each one of them personally. My roots in the intelligence community go back to World War II when I flew the OSS plane in China. Since then, I have had a great deal of interest in and contact with members of the intelligence community and continue to have a great interest in the operations of intelligence for our National Government. Clearly, I believe I know a little history of intelligence. I challenge anyone to name any official of a friendly or adversarial intelligence service over the past century who has been granted the broad authority that this National Intelligence Director will have. What this requires, in my judgment, is persistent oversight by the Congress. Each committee of the Congress with oversight of intelligence matters must scrutinize the actions of the intelligence community, and in particular this Director, to ensure there are checks and balances in this system that are required by our Constitution. We must aggressively remain attuned to assure that none of the freedoms we celebrate are hampered by this new entity or its Director. Now, having said that, as I informed the President previously, I will vote for this bill, but it is my intention to ask that each general counsel in the intelligence community and the Department of Defense report to the next Congress, at least on a periodic basis, their interpretation and the subsequent implementation of this legislation in their Departments to ensure that these concerns of mine and those that have been expressed by other Senators on the floor do not come to fruition. Again, this is a bill that is needed, authority that is needed in the post-9/11 period. I believe still, as I have stated repeatedly on the floor, there are many Members of the Senate who do not realize how much has been accomplished since 9/11, and I assume this bill will be interpreted in terms of the intelligence system as it exists today and not based upon the intelligence system that existed on September 11, 2001. I thank the Chair.

Mr. STEVENS

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

Mr. STEVENS

Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate stand in recess subject to the call of the Chair.

Mr. STEVENS

Mr. STEVENS. Mr. President, I am pleased to report that the House just passed the joint House-Senate Conference Report on the Foreign Operations Appropriations bill for fiscal year 2005. That Omnibus appropriations bill included the Agriculture Appropriations bill; the Commerce, Justice, State Appropriations bill; the Energy and Water Appropriations bill; the Foreign Operations Appropriations bill; the Interior Appropriations bill; the Labor, Health, and Human Services bill; the Legislative Branch Appropriations bill; the Transportation Appropriations bill; and the VA-HUD Appropriations bill. I would like to take this opportunity to clarify a few points in the bill to provide guidance to those who will implement it. Denali Commission: The conferees provided $67,000,000 for the Denali Commission. In addition to the allocations outlined in the bill itself, there are a number of other projects to which the Denali Commission should give priority consideration: $2,000,000 for the Tok/Chistochina Intertie project; $500,000 for the Fire Island extension; $146,000 for Chenega Bay Utilities, $1,000,000 for Bristol Bay power generation; $2,000,000 for a Low Rank Fuel Demonstration project, and $1,500,000 for Cape Fox corporation for economic development. The commission is also encouraged to give the following projects priority consideration: the Petersburg Diesel Power Generation Facility project, the Valdez Electric project and funding for elder housing in Maniliq. Corps of Engineers: Given tough budgetary constraints, Congress was unable to fund the full amount necessary to address the impending disaster that Hubbard Glacier poses to the community of Yakutat, AK. It is my expectation that the Army Corps of Engineers, the Forest Service, the Natural Resource Conservation Service, and the Federal Emergency Management Agency will, through available funds, provide the resources necessary to immediately address this situation. The conferees have included authorization for the Secretary of Army to undertake this task. Energy projects: This year, the omnibus bill includes $5,000,000 to be used to support a solicitation for solid oxide fuel cell research to look at the application of solid oxide electrochemical technology for the co-production of hydrogen and electricity. The research will also focus on the storage of electricity through closed and open system regenerative fuel cells. This funding is intended to create a pilot project in Alaska to develop solid oxide fuel cell technology. The conferees are disappointed that the funds previously provided for this purpose were diverted by the Office of Energy Efficiency and Renewable Energy. There are a couple of matters I want to clarify to provide guidance to the agencies who will administer the bill. Food Safety: The conferees have provided funds for a National Animal Identification System to monitor cattle to prevent mad cow disease, but did not specify the technology or means to accomplish that end. It has come to my attention that a chain traceable model could track cattle through private sector mechanisms at very little cost to the Government. I hope the new Secretary of Agriculture will look at a range of means to prevent mad cow disease from infiltrating into our food supply including market driven solutions. In addition, it is my understanding that a new technology has been developed that can detect food borne pathogens like salmonella. A film covering food, similar to plastic wrap, turns color if the food has become contaminated. This technology offers exciting opportunities for the seafood industry in particular, and I urge the new Secretary to take whatever steps possible to bring this new technology to market. The conferees expect USDA to pursue efforts to expeditiously reopen the border between Alaska and Canada. This border closure has devastated farmers in Alaska. USDA currently has a proposal to accomplish this task and they are urged to carefully evaluate its merits. Rural Development Administration: Within the funds that are provided to the Rural Development Administration, the Alaska Region should give priority consideration to a grant for the Ketchikan Arts facility. I visited with the developers of that project and believe it would be an excellent community facility. Likewise, last month after we had already marked up the bill, I was able to meet with leaders in Homer, AK concerning the need for a new library. That, too, is a meritorious project and the Alaska Region should give priority consideration to a grant application for that project. Lastly, peat is a major commodity in the lower 48 States, especially organic peat which can be sold for huge profits. But, in Alaska peat is often considered a nuisance, since it has to be dug out before construction can go forward in many areas of the State. One way to offset that costly excavation while creating new economic opportunity is to develop peat as a saleable commodity. The conferees urge the Alaska Region to consider a grant to develop peat fields in Alaska as an emerging new industry. High Cost Energy Program: The bill provides $28,000,000 for the high cost energy program to reduce the cost of energy for consumers paying about 20 cents a kilowatt hour or more. The underlying authorization allows most of those funds to flow to the Denali Commission in Alaska which serves the largest segment of high cost energy users in the country. Energy costs in rural Alaska are the highest in the Nation. To reduce those costs, within the funds provide to the High Cost Energy program, the conferees expect that $2,000,000 be provided to the Arctic Energy Office for research into energy and electric issues in remote and rural communities. These funds are critical to identifying ways of reducing costs in rural Alaska communities and Native villages. City of Marshall water hook-ups: The measure includes $26,000,000 for rural water and sewer program in rural Alaska. The conferees note that Marshall, AK has Indian housing built through HUD, but no money to link the houses to water and sewer. Within the funds provided in this account, the Committee expects the Alaska Village Safe Water Program to fund the Marshall water hook-ups. Pribilof Island clean-up: The conferees agree to provide $7,000,000 which may be used by NOAA for both clean-up of the Pribilof Islands and economic development activities. In consulting with the people of St. Paul and St. George, it is their preference that $6,500,000 of the funds be available for economic development and $500,000 be used to continue NOAA's clean-up activities. Congress passed the Pribilof Islands Transition Act, which among other things authorized funding for economic development on the islands. During the drafting of that legislation, it was agreed the funds would be split between the various entities according to specific ratios, which were then used in the Act to allocate the authorizations stated at 16 USC Sec. 1166(c)(1). The conferees support that allocation, and I have consulted with Congressman Young, the author of those bills, who agrees as well. The agency is urged to comply with the islanders' wishes. Alaska Ocean Observing System: Due to a clerical error in the bill, Alaska Ocean Observing System is titled, ``Alaska Gulf Ecosystem Monitoring.'' It is the intent of the conferees that the $2,000,000 provided for this project shall be for the Alaska Ocean Observing System and not the Alaska Gulf Ecosystem Monitoring. Economic Development Administration: The bill also provides funds for the Economic Development Administration, $15,000,000 of which is to assist coastal communities in Alaska pursuant to an agreement the Alaska delegation made with Secretary Evans when the Trade Act was considered. Within these funds, EDA should make $1,500,000 available to Cape Fox Corporation for economic development activities. Office of Arctic Energy: Within the amounts provided for the Arctic Energy Office, it is the conferees expectation that $2,000,000 will be made available for shallow gas exploration and development in Ft. Yukon, AL, to assist that community and address its energy needs; and $3,000,000 will be made available for work on the gas pipeline spur to Cook Inlet. Fish and Wildlife Service: As part of the fiscal year 2005 Consolidated Appropriations Conference Report, Section 126 of Division E requires a comprehensive program for mass marking of hatchery produced salmon stocks originating from the Pacific Northwest. The State of Alaska currently conducts an extensive salmon stock identification program based on visual identification of fin clipped hatchery salmon that have been implanted with coded wire tags. The additional requirements imposed by Section 126, which provides for the implementation of ``a system of mass marking of salmonid stocks, intended for harvest, that are released from Federally operated or Federally financed hatcheries . . .'' could have significant financial implications on both the State of Alaska and on the Alaska commercial fishing industry. The Alaska Department of Fish and Game has serious concerns about the impact of mass marking requirements of this section on its ongoing salmon stock sampling program. The Alaska Department of Fish and Game determined that if far-north- migrating chinook salmon are mass marked by clipping the adipose fin, the State will have two options: 1, continue with visual identification of marked fish, or, 2, convert to electronic sampling. Either option will cause the State's salmon stock sampling program to be far more costly. The conferees recommend that if mass marking is implemented, it should be done for Puget Sound and Columbia River Tule Chinook and not implemented for Columbia Upriver Bright or Washington Coastal Chinook salmon. These stocks of salmon represent a significant portion of the Alaska salmon fisheries and mass marking of these stocks will incur a high cost on the Alaskan fishing industry and the state's fisheries management program. Further, the conferees recommend that mass marking of chinook salmon should not be implemented without the concurrence of state and federal agencies on an effective means of stock identification that will support the implementation of the Pacific Salmon Treaty and other state and federal laws and regulations. In addition, the conferees recommend that the U.S. Fish and Wildlife Service work with the State of Alaska and the United States Section of the Pacific Salmon Commission to ensure that the system of mass marking does not interfere significantly with data collection, salmon management programs, or the implementation of abundance-based management under the treaty. The conferees direct the U.S. Fish and Wildlife Service to ensure that changes in fishery and stock assessment programs needed to maintain the reliability of those programs are identified and that funding is secured for implementation of the changes made by this section. Kenai Fjords National Park: The conferees have included bill language requiring the National Park Service to acquire land to construct a multi-agency visitor center that has been under discussion for nearly a decade notwithstanding any other provision of law. That means the Service will acquire the land at a negotiated price notwithstanding any other issues or obstacles. No more delays. It is time to get this project done. The conferees urge the service to expedite construction of the project as well. It should consider utilizing Section 1307 of the Alaska National Interest Lands Conservation Act for the project if it will speed up the process. It should also consider a build-lease option which it used to acquire a new Alaska Region headquarters in Anchorage. The conferees note that this project has already been delayed and as a result missed Seward's centennial celebration. The authority we have provided will ensure that the project can now be completed with dispatch. Lake Clark National Park: I am aware that the National Park Service and Cook Inlet Region Inc. are currently discussing options for the disposition of the Silver Salmon Camp. Until these issues are resolved, it is the expectation of the conferees that the National Park Service will issue a long term recreational permit to Cook Inlet Region Inc. or a related non-profit for the continued operation of the camp. Denali Commission: The committee has provided $40,000,000 for the Denali Commission for health and social service construction projects. Within the funds made available for clinics, the conferees expect the Commission to provide the necessary funds for a joint clinic-library- community center in Girdwood, AK. It may use health funds for the clinic portion of the project and its general funds provided through the Energy and Water bill for the community center and library. Special Education: The conferees have agreed to over $11,000,000,000 for special education. The Department of Education should consider making funds available to conduct a pilot program in Anchorage, AK to treat children suffering from attention deficit or hyperactivity disorder or FAS/FAE through biofeedback to determine whether this might be a useful alternative to drug therapy. Section 115: The conferees have agreed to a provision to correct a drafting error that caused the earmarks provided to Alaska in the Fiscal Year 2004 Transportation bill to come out of the State of Alaska's mandatory formula funds under the highway bill instead of discretionary funds. This amendment clarifies that Alaska's earmarks are to be allocated out of discretionary funds and have no impact on highway funds Alaska receives through the formula. Rural Air Service Improvement Act of 2004: Title J includes another provision called the Rural Air Service Improvement Act of 2004. This is an amendment worked on by the House Transportation Committee chairman, Don Young, and I. The State of Alaska has a very limited system of roads to connect communities. Most communities can only be reached by air. In order to connect the communities within the State, the Inter- Alaska bypass mail system was created to support affordable, safe air travel and establish a system where the Postal Service can meet its obligation to deliver mail to every house. The provisions within the appropriations bill refine the Inter-Alaska bypass mail system by eliminating unnecessary flights flown by mainline air carriers, by reducing the requirement to two schedule flights per week. The section also grants the United States Postal Service the discretion to increase the number of scheduled flights to a maximum of three in instances where there are not three consecutive scheduled flights in a week. This will allow the Postal Service to meet their service requirements to the communities within Alaska, while decreasing the unnecessary expenses associated with excessive scheduled flights. The language included within the appropriations bill will give flexibility to the carriers and the Postal Service by allowing existing mainline carriers to temporarily subcontract mail shipments to another existing mainline carrier when additional or substitute aircraft are needed to meet the service needs of the Postal Service or the carrier's operating requirements. However, the providing carrier will still remain responsible for the mail from the origin to the destination. Clarification of the definition of Existing Mainline Carrier is also provided in order to close a loophole that may have allowed carriers who are not qualified as existing mainline carriers to become one because they operated under a codeshare with an existing mainline carrier. Air Carriers who were not, on January 1, 2001, a Part 121 carrier qualified to provide mainline non-priority bypass mail service and actually engaged in the carriage of non-priority bypass mail tendered to it under its own designator code should not be defined as an existing mainline carrier. Finally, the provision specifically exempts non-bypass mail from the dispatch requirements of the non-priority bypass mail system. It is intended to give the Postal Service the ability to dispatch postal products, other than non-priority bypass mail, as their service needs require. Alaska Trails: The bill includes $4 million for the State of Alaska to develop statewide trails initiative. The funds are available to issue grants, on a competitive basis, for the development and reconstruction of trails within Alaska. The State of Alaska should take no more than one percent of the funds to cover any overhead costs. The eligible trails include: Arctic Valley trails, Chugach Forest Russian River, Girdwood trails, Hatcher Pass trails, Iditarod trail, Juneau Nordic trails, Juneau Thunder Trail, Ketchikan Lewis Reef Road, Kodiak trails, Matanuska Susitna Gorsuch trails, Perseverance trail repairs, Russian River access road, Sitka Trailworks, Sitka World War II causeway, State of Alaska wildlife trails, Wrangell St. Elias Trails. Transportation and Community and System Preservation Pilot Program: The conferees have agreed to provide $6,000,000 to the Matanuska Susitna Borough. Within the amounts made available to the Matanuska Susitna Borough, the conferees expect that $2,000,000 will be made available to Matanuska Susitna Gorsuch trails. Denali Docks: I am pleased the Transportation/Treasury subsection of the omnibus bill authorizes and appropriates $10 million to a new program for the Denali Commission which focuses on docks and the development of waterfront projects. There is no Federal Government program which funds docks for communities without roads. Through the newly authorized program within the Denali Commission, the rural communities of Alaska will be able to create, replace or repair the damaged docks within the following locations: Homer, Ugashik, Hoonah, Bristol Bay Borough, Old Harbor, Sitka, Coffman Cove, Perryville, Illiamna Lake, Auk Bay, Seldovia, Whittier, Cordova, Gustavus, and Kenai Peninsula Borough. General Service Administration: I am pleased the conferees once again included money for the University of Alaska to continue planning for the State's 50th anniversary celebration including preserving pioneer papers throughout the state. On another matter, the conferees urge the Service to work with the Alaska Railroad to effect a land transfer that will be mutually beneficial to both parties, and hope the national office will make the resources available for that purpose. National Science Foundation: The conferees agreed to retain report language urging the administration to request funds to replace the Alpha Helix, one of its premier research vessels that has seen better days. But this is not the first year such language has been included. Some believe the Service has no intention of ever seeking the necessary funds. As I assume the role as chairman of the Senate Commerce Committee overseeing NSF, I want to put the agency on notice that Congress expects the administration to begin seeking the necessary funds to replace the vessel. If funds are provided and the vessel is built, it should be homeported in Seward, AK, its current home. But if the administration fails to request the necessary funds when the fiscal year 2006 budget is submitted, Congress expects the agency to develop an interim solution by leasing a research vessel that can operate out of Seward to conduct research in Alaska. TAPS Quality Bank: As part of the fiscal year 2005 Consolidated Appropriations conference report I included legislative language that expresses Congress' concerns over a long standing regulatory and judicial dispute concerning the Trans Alaska Pipeline, TAPS. This report language is intended to provide guidance to the Federal Energy Regulatory Commission as it evaluates the August 31, 2004 Initial Decision by the Administrative Law Judge, ALJ. This language does not have any effect on agreements reached between the parties. It is solely intended to address those issues still in dispute. Nor does this language have any effect on any other regulatory or judicial proceeding currently pending before the ALJ or the Commission, and should not be considered in evaluating any future rate cases. Congress expects the Commission to carefully consider the specific equities of this case to prevent special hardship, inequity, or an unfair distribution of burdens to any party, evaluate all of the administrative law judge's decisions regarding the retroactive application of the modified Resid valuation, and to assess the equity of assigning retroactivity. The issue of retroactivity and its application in this case is problematic given the lack of clear Congressional action on the subject and the negative impacts an eleven year retroactive period will have on domestic refiners in the State of Alaska. In addition, it is the expectation of Congress that this matter will be resolved in a fair and equitable manner which is necessary to limit business uncertainty associated with the use of the Trans Alaska Pipeline System, and to ensure continued domestic refinery activity in order to protect national fuel supplies. Ultimately, it is my hope that the parties in this case will be able to reach a settlement and finally end 15 years of litigation, and we appeal to the parties to work towards this end.

Mr. STEVENS

Mr. STEVENS. Mr. President, if the Senator would yield just for a second, I want to thank the Senator from Nevada and tell him that I spent 8 years in the whip's job and sought to move left. Unfortunately, it did not happen. I do congratulate the Senator from Nevada, and we look forward to working with him and the assistant Democratic leader. I thank, Senator Burns for his tenaciousness on this bill, and I want to acknowledge the really intense cooperation of the Senator from Arizona, Mr. McCain, and really praise my great and longtime friend Senator Byrd from West Virginia for having recognized the necessity to have this bill passed before we go home for the recess. We are really going to adjourn sine die. I do congratulate the Senator. He listened to us. It is quite late. He has been quite gracious to proceed with us on the commitment that we will protect the appropriations process in the future and work with him to make certain that the provisions of the law that govern expenditures of the money covered by the bill we just passed be followed, as far as the protection of the Treasury. And we will be consistent with the Constitution, as he has urged us so many times to be. I thank the Senator for his patience in keeping us in session, and I am prepared to take tickets here as we leave the floor.