PLACE THEM IN A PERMANENT INFERIOR STATUS FLIES IN THE FACE OF
           EVERYTHING THAT THIS UNITED STATES HAS STOOD FOR AND CLEARLY IN
           OUR ASSERTION THAT ALL MEN AND WOMEN ARE CREATED EQUAL AND
           ENDOWED BY OUR CREATOR WITH CERTAIN INALIENABLE RIGHTS. SO I
           HOPE, MR. PRESIDENT, THAT THE ADMINISTRATION, THE AMERICAN
           PEOPLE AND THOSE OF OUR ALLIES BOTH IN ASIA AND ALL OVER THE
           WORLD, INCLUDING AT THE UNITED NATIONS, WILL DO WHATEVER WE CAN
           TO RESTORE THE QUALITY AND EQUAL OPPORTUNITY IN THIS VERY
           LOVELY ISLAND. AND I THINK IT'S IMPORTANT, MR. PRESIDENT, FOR

           ME TO NOTE THAT I HAVE VISITED THIS BEAUTIFUL COUNTRY ON
           SEVERAL OCCASIONS, WHICH IS ONE REASON WHY I HAVE A VERY
           SPECIAL FEELING FOR IT AND A SPECIAL SENSE OF SADNESS, BECAUSE
           IT IS A BEAUTIFUL COUNTRY FILLED WITH PHI GEEAN PEOPLE. MR.
           PRESIDENT, I YIELD THE FLOOR.
           
           

           A SENATOR: MR. PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM MISSOURI.
           

           MR. ASHCROFT: MR. PRESIDENT, MAY I BEGIN BY THANKING MY
           COLLEAGUE, THE SENATOR FROM ARIZONA, FOR HIS REMARKS IN REGARD
           TO THIS CHALLENGE, ESPECIALLY AS IT RELATES TO THE SOUTH
           PACIFIC. TODAY I HAVE RECEIVED VERY TROUBLESOME INFORMATION
           ABOUT PARTS OF INDONESIA WHERE THERE IS THIS KIND OF TENSION,
           WHICH IS THREATENING THE PEACE, WELL-BEING AND THE CAPACITY OF
           INDIVIDUALS TO EXERCISE THEIR OWN RELIGIOUS BELIEFS IN WAYS
           THAT THEY SEE FIT. THIS KIND OF TROUBLESOME DISORDER IS TO BE

           NOTED AND UNDERSTOOD. AND I THINK WE SHOULD SPEAK OUT ON IT. I
           WANT TO THANK THE SENATOR FROM ARIZONA FOR HIS KIND REMARKS.
           MR. PRESIDENT, I RISE TODAY TO TALK ABOUT SOMETHING CLOSER TO
           HOME FOR ME, PERHAPS ONE OF THE MOST IMPORTANT THINGS THAT'S
           EVER KNOWN OR UNDERSTOOD IN THE ECONOMY OF MISSOURI IS THE
           MISSOURI RIVER. IT LITERALLY IS PART OF THE LIFEBLOOD OF OUR
           STATE. IT TRANSPORTS COMMERCE FROM ONE PART OF THE STATE TO
           ANOTHER, AND FROM OUR STATE DOWN THROUGH THE MISSISSIPPI TO THE

           GULF OF MEXICO AND AROUND THE WORLD. AND THERE ARE SOME
           TROUBLESOME ISSUES REGARDING THE FLOWS IN THE MISSOURI RIVER,
           AND THEY RELATE TO THE ENERGY AND WATER APPROPRIATIONS BILL,
           WHICH INCLUDES SPECIFIC MEASURES RELATING TO THOSE THINGS,
           MEASURES IN THIS YEAR'S BILL THAT ARE IDENTICAL TO PROVISIONS
           THAT HAVE BEEN IN YEARS PREVIOUS BILLS. AND NORMAL SENATE
           PROCEDURE IS THAT IF A COMMITTEE ACTS AND REPORTS OUT A BILL,
           THEN THE BILL COMES TO THE FLOOR. IF A SENATOR DOESN'T LIKE A

           CERTAIN PROVISION IN THE BILL, WELL, THEN THAT SENATOR HAS THE
           RIGHT TO MOVE TO STRIKE THAT POSITION. AND THAT'S A GUARANTEED
           RIGHT. SOMEONE CAN MOVE TO DO THAT ON THE FLOOR. HOWEVER, IT
           APPEARS THAT SOME OF THE PROVISIONS WHICH ARE TOTALLY
           CONSISTENT WITH PROVISIONS THAT HAVE BEEN IN PRECEDING BILL
           AFTER BILL REGARDING FLOWS IN THE MISSOURI RIVER SYSTEM ARE NOT
           TO THE LIKING OF SOME INDIVIDUALS, AND THE MINORITY LEADER HAS

           INDICATED THAT HE DOES NOT LIKE THIS PROVISION. I BELIEVE
           THAT'S THE CASE. AND THAT HE HAS DONE WHAT HE COULD TO SAY THAT
           THEY SHOULD NOT BRING THIS BILL UP, WORK TO MAKE SURE THAT THE
           BILL SHOULDN'T COME TO THE FLOOR AT ALL. NOW I THINK THAT'S A
           HARSH AND INAPPROPRIATE WAY FOR US TO ACT. I THINK IF ANY
           SENATOR DOES NOT LIKE A PROVISION, THEN THAT SENATOR CAN MOVE
           TO STRIKE THE PROVISION, AND THE SENATE CAN VOTE ON SUCH A

           MOTION. UNFORTUNATELY, THIS ELECTION TO STALL, TO INTERRUPT THE
           OTHERWISE PROGRESS AND BUSINESS OF THE SENATE, TO SAY THAT WE
           DON'T WANT TO ALLOW A BILL TO COME TO THE FLOOR AS IT WAS
           REPORTED BY THE COMMITTEE AND AS IT HAS COME YEAR AFTER YEAR,
           IT'S A WAY TO INTERRUPT THE BUSINESS OF THE SENATE AND IT'S
           INAPPROPRIATE. I HAVE TO SAY THAT I WAS PLEASED THAT EARLIER
           THIS AFTERNOON THE MAJORITY LEADER FILED A CLOTURE PETITION ON
           THE ENERGY AND WATER APPROPRIATIONS MEASURE, BUT IT'S
           UNFORTUNATE THAT HE WOULD HAVE TO DO SO. AND I REGRET THAT THE

           MAJORITY LEADER HAD TO TAKE SUCH ACTION, BUT BECAUSE THE
           DEMOCRATS INSIST ON STALLING THE NORMAL LEGISLATIVE PROCESS,
           SUCH ACTION WAS NECESSARY. NOW THE MISSOURI RIVER AND THE
           MISSISSIPPI ARE THE TWO MOST VALUED TREASURES OF MISSOURI
           CITIZENS. THEY ARE ESSENTIAL FOR NOT ONLY TRANSPORTATION IN OUR
           STATE -- ABOUT 40% OF ALL THE PEOPLE IN OUR STATE LITERALLY GET
           THEIR DRINKING WATER OUT OF THOSE RIVERS. THEY ARE IMPORTANT
           FOR IRRIGATION, FOR COST-EFFICIENT TRANSPORTATION. AND I'VE HAD

           THE PRIVILEGE THROUGH THE DECADES OF FIGHTING TO PROTECT THAT
           RESOURCE NOT ONLY FOR HUMAN CONSUMPTION BUT FOR TRANSPORTATION
           AS WELL. AS ATTORNEY GENERAL, I WAS INVOLVED IN LITIGATION THAT
           WENT ALL THE WAY TO THE SUPREME COURT. I WAS PLEASED TO BE A
           PART OF THAT -- TO BE A MOVING FACTOR IN THAT LITIGATION WHICH
           PROTECTED OUR WATER FLOWS AT THAT TIME OF THE RIVER. I'VE
           WATCHED AS THE MISSOURI RIVER, WHEN IT HAS INADEQUATE FLOWS,
           HOW IT CAN PARALYZE A COMMUNITY. I REMEMBER YEARS AGO WHEN I
           WAS GOVERNOR AN ICE BRIDGE DEVELOPED. THIS WAS A NATURAL

           IMPAIRMENT OF THE FLOW MINORITY OF MISSOURI OF THE RIVER AND
           NORTH OF THE CITY OF ST. JOSEPH. INSTEAD OF THE WATER FLOWING
           DOWN, THE ICE JAM BACKED THE WATER UP, AND THE RIVER LEVELS
           FELL. AND A GREAT CITY LIKE ST. JOSEPH, MISSOURI, WAS WITHOUT
           WATER. AND WHEN I WENT TO LOOK AT THE WATER INTAKE, AT THE
           WATER INTAKE FACILITY FOR ST. JOSEPH, I NOTICED THAT THE WATER
           WAS A FOOT OR TWO BELOW THE INTAKE. AND I SAW THAT NO MATTER
           WHAT YOU DID, YOU WOULD HAVE A VERY -- WELL, YOU'D SIMPLY HAVE

           AN IMPOSSIBLE -- WE WORKED NIGHT AND DAY TO GET A NEW PURN
           PUNCH AN A NEW SYSTEM OF -- A NEW PUMP AND A NEW SYSTEM OF
           DRAWING WATER OUT OF THE RIVER. IT IS ESSENTIAL TO THE
           WELL-BEING OF OUR STATE. NOW IN THIS MEASURE THE ENERGY AND
           WATER APPROPRIATIONS MEASURE, THERE IS IN THIS COMMITTEE REPORT
           TO THE SENATE SENATE, THERE IS A PROVISION WHICH PROHIBITS THE
           EXPENDITURE OF RESOURCE TO DIMINISH THE FLOW OR TO OTHERWISE
           TAMPER WITH THE FLOW OF THE RIVER BECAUSE THE RIVER FLOWS ARE

           SO ESSENTIAL TO THE WELL-BEING OF OUR STATE. THE CORE HAS --
           THE CORPS HAS A PLAN FOR REWRITING THE WAY THE RIVER WILL BE
           MANAGED. IT'S CALLED THE MISSOURI RIVER MASTER MANUAL. AND IT
           WOULD SEND ADDITIONAL SURGES OF WATER DOWN IN THE SPRING, WHICH
           WOULD CAUSE FLOODING, AND WITHHOLD ADDITIONAL WATER IN THE FALL
           WHICH WOULD CAUSE LOW LEVELS IN THE RIVER. NOW IF YOU MAKE THE
           LEVEL OF THE RIVER LOW IN THE FALL, THE CROP, WHICH HAS BEEN
           GROWN CAN'T BE SHIPPED AS EFFICIENTLY WHEN THERE'S INADEQUATE

           RIVER FLOW FOR TRANSPORTATION. OF COURSE YOU MAY NOT HAVE A
           CROP TO SHIP IF IN THE SPRING YOU RELEASE SO MUCH WATER THAT
           YOU OCCASION FLOODING, AND SO MANY OF OUR COMMUNITIES ARE
           CONCERNED ABOUT THIS. I WORKED VERY CLOSELY WITH THE REST OF
           THE MISSOURI DELEGATION IN THE UNITED STATES CONGRESS, THE
           MISSOURI FARM BUREAU, THE MIDAMERICA REGIONAL COUNCIL 2000, AND
           WE UNIFORMLY TOGETHER OPPOSE MANAGEMENT OF THE RIVER IN SUCH A
           WAY AS IT WOULD MAKE IT LIKELY THAT THERE WOULD BE FLOODING
           THAT WOULD DAMAGE OUR CAPACITY IN THE SPRING AND THEN A

           RESTRICTION OF THE FLOW OF THE RIVER IN THE FALL WHICH WOULD
           MAKE IMPOSSIBLE THE KIND OF TRANSPORTATION UPON WHICH OUR FARM
           AND AGRICULTURAL INDUSTRIES AND OTHER INDUSTRIES MUST RELY. NOW
           THE U.S. FISH AND WILDLIFE SERVICES RECENTLY RECOMMENDED TO THE
           ARMY CORPS OF ENGINEERS A SPRING PULSE, OR A SURGE OF WATER ON
           THE MISSOURI RIVER. IT'S IRRESPONSIBLE AND DANGEROUS. NOW THEY
           WANT TO DO THIS BECAUSE THEY'RE INTERESTED IN IMPROVING
           ENVIRONMENTAL CONDITIONS FOR CERTAIN OF THE FISH AND CERTAIN

           BIRDS. WE ALL ARE CONCERNED ABOUT THE FISH AND BIRDS, THE SHORE
           BIRDS, THE PIPING PLOVER AND THE SHARK-LIKE PALATE STURGEON
           FISH. THEY'RE IMPORTANT, BUT THIS PROTECTION SHOULD NOT COME AT
           THE EXPENSE OF THE LIVES OF THOUSANDS OF PEOPLE LIVING
           DOWNSTREAM. SECTION 103 -- THAT'S THE SECTION WE'RE TALKING
           ABOUT IN THE ENERGY AND WATER DEVELOPMENT APPROPRIATIONS BILL,
           H.R. 4733, THAT SECTION FORBIDS ANY FUNDING IN THE BILL FROM
           BEING USED TO REVISE THE MISSOURI RIVER MASTER WATER CONTROL

           MANUAL TO ALLOW FOR AN INCREASE IN THE SPRINGTIME WATER RELEASE
           PROGRAM AND DURING THE SPRING HEAVY RAINFALL AND SNOW MELT
           PERIOD IN THE STATES. THIS SPRING RELEASE, OR A SPRING RISE OR
           SPRING PULSE, RAISING THE MISSOURI RIVER'S FLOW WOULD BE
           DANGEROUS FOR ALL CITIZENS. IT WOULD BE A THREAT TO THOSE
           WORKING DOWNSTREAM FROM GAVENS POINT ON THE BORDER BETWEEN
           NEBRASKA AND SOUTH DAKOTA. IT NORMALLY TAKES ABOUT 12 DAYS FOR
           WATER TO TRAVEL FROM GAVINS POINT TO ST. LOUIS. DURING THE

           SPRING THE WEATHER IN THE MIDWEST IS ESPECIALLY UNPREDICTABLE.
           AS A MATTER OF FACT, IT'S USUALLY SAID IF YOU DON'T LIKE THE
           WEATHER, JUST WAIT A MINUTE. MAKING IT, IF IT'S THAT
           UNPREDICTABLE -- AND WE KNOW IT IS ESPECIALLY IN THE SPRING --
           IT'S VERY DIFFICULT TO PREDICT THE WEATHER FOR A 12-DAY PERIOD
           IF YOU'RE GOING TO SEND A BIG PULSE OF WATER DOWN THE RIVER AND
           THEN AS YOU'RE IN THE PROCESS OF DOING SO, THERE'S A
           SUBSTANTIAL RAINSTORM OR A SERIES OF STORMS THAT COME UP. THE
           VERY -- THE VERY PURPOSE OF RESTRICTING FLOODING AND PROVIDING

           A BASIS FOR A REASONABLE FLOW ON THE RIVER IS DEFEATED IF
           YOU'RE ALREADY SENDING A CHARGE OF WATER DOWN THE RIVER THAT'S
           MORE CLOSE TO THE CAPACITY OF THE RIVER SO THAT ANY ADDITIONAL
           FROM NATURE WOULD MAKE FOR FLOODING. HEAVY RAIN DURING THE
           12-DAY PERIOD FOLLOWING A SPRING RISE WOULD INCREASE GREATLY
           THE CHANCES FOR DOWNSTREAM FLOODING. THE SPRING RISE WOULD COME
           AT A TIME OF THE YEAR WHEN DOWNSTREAM CITIZENS ARE THE MOST

           VULNERABLE TO FLOODING AFTER ALL. THE CORPS' PLAN PROVIDES LESS
           FLOOD CONTROL AND LESS NAVIGABILITY THAN THE CURRENT PLAN.
           THAT'S WHY IT SHOULD NOT BE IMPOSED. I OPPOSE THE CORPS' PLAN
           FOR REWRITING THE MISSOURI RIVER MASTER MANUAL AND I CALL ON
           THE CORPS TO ADOPT A PLAN THAT BETTER SUITS A BALANCE AMONG
           WATER USES. NOW, IF THE PRESIDENT DECIDES AFTER WE PASS THE
           BILL WITH THE SAME PROVISION IN IT THAT WE'VE HAD IN IT FOR THE
           LAST SEVERAL YEARS, YEAR AFTER YEAR, IF HE DECIDES TO VETO IT

           IT, THAT'S HIS PREROGATIVE. BUT WHAT THAT TELLS THE CITIZENS OF
           THE LOWER MISSOURI BASIN IS THAT THE CLINTON-GORE
           ADMINISTRATION IS WILLING TO FLOOD DOWNSTREAM MIDWESTERN
           COMMUNITIES. IT'S THAT SIMPLE. SECTION 103 PROVIDES THE
           NECESSARY PROTECTION FOR ALL CITIZENS DOWNSTREAM FROM THE GAVIN
           POINT DAM WHO LIVE AND WORK ALONG THE BANKS OF THE MISSOURI
           RIVER. MR. PRESIDENT, IN CLOSING, EACH SENATOR IS ENTITLED TO
           HIS OR HER OPINION ON A PIECE OF LEGISLATION, BUT THE SENATOR
           SHOULD UNDERSTAND THAT THAT OPINION SHOULD BE REFLECTED, IN MY

           JUDGMENT, IN THE LEGISLATIVE PROCESS WITH THE OPPORTUNITIES TO
           STRIKE. THAT OPINION SHOULD NOT BE EXPRESSED BY KEEPING
           LEGISLATION REPORTED BY COMMITTEES FROM COMING TO THE FLOOR. WE
           ARE WILLING TO DEBATE THIS MOTION. ANY MOTION WITH REGARD TO
           THIS COMMON-SENSE PROVISION. AND WE ARE WILLING TO LIVE BY THE
           WILL OF THE SENATE IN DETERMINING WHAT SHOULD BE THE OUTCOME.
           BUT WE FEEL LIKE THE AVAILABILITY OF THIS LEGISLATION SHOULD

           NOT BE CURTAILED, ESPECIALLY IT HAVING REFLECTED IDENTICAL
           PROVISIONS IN THE LAST SEVERAL YEARS OF THIS SAME ENERGY AND
           WATER APPROPRIATIONS. AS A MATTER OF FACT, IT IS THE WILL OF
           THE COMMITTEE WHICH HAS SENT IT TO THE FLOOR. SO WITH THAT IN
           MIND, I LOOK FORWARD TO WORKING TO PROTECT THE INTERESTS OF THE
           MISSOURI CITIZENS, TO PROTECT THEM AGAINST FLOODING IN THE
           SPRING AND TO PROTECT THE ADEQUATE AND AVAILABLE WATER
           RESOURCES FOR A FLOW WHICH WILL SUPPORT NAVIGATION IN THE FALL.
           MR. PRESIDENT, I YIELD THE FLOOR.
           

           THE PRESIDING OFFICER: THE SENATOR FROM VERMONT.
           

           MR. LEAHY: MR. PRESIDENT, I THANK MY FRIEND FROM MISSOURI FOR
           YIELDING, AND, MR. PRESIDENT, EARLIER THIS AFTERNOON THE
           CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE SPOKE REGARDING
           JUDICIAL VACANCIES. AND I'M SORRY I WAS NOT ON THE FLOOR, BUT
           DID NOT KNOW WHO HE WAS GOING TO SPEAK OR I WOULD HAVE
           RESPONDED TO SOME OF THE I SHALL SHOES AT THAT TIME. ACTUALLY I
           WAS AT AN -- ISSUES AT THAT TIME. ACTUALLY I WAS AT AN
           IMPORTANT CONFIRMATION HEARING AND CHAIRING A MEETING OF THE

           BIPARTISAN I WANT NET CAUCUS. -- BIPARTISAN INTERNET CAUCUS.
           HOWEVER, LAST FRIDAY BEFORE WE WENT OUT, I SPOKE TO THE ISSUE
           OF JUDICIAL NOMINATIONS. I SAY AGAIN WITH 60 CURRENT AND
           LONG-STANDING VACANCIES WITHIN THE FEDERAL JUDICIARY AND SEVEN
           MORE ON THE HORIZON, WE CAN'T STOP, EVEN SLOW DOWN, WHAT LITTLE
           PROGRESS WE ARE MAKING. WE DID HAVE A HEARING TODAY. IT
           INCLUDED THREE NOMINEES WHO ARE MOVED FORWARD TO FILL POSITIONS

           ON THE DISTRICT COURT OF ARIZONA. THAT -- THOSE POSITIONS HAVE
           ALL BEEN DECLARED JUDICIAL EMERGENCIES. EACH OF THE NOMINEES
           WERE NOMINATED LAST FRIDAY. THEY NOW HAVE THEIR HEARING. THEY
           LOOK FORWARD TO BEING VOTED OUT OF COMMITTEE ON THURSDAY TO
           PROVE -- AND APPROVED BY THE SENATE BEFORE THE WEEK IS OUT.
           THAT IS WITHIN ONE WEEK OF NOMINATION. NOW THAT SHOWS WHAT CAN
           BE DONE IF THE SENATE REALLY WANTS TO IT TAKE ACTION. AND ALL
           THIS TALK ABOUT NEEDING SIX MONTHS OR MORE TO PROCESS AND
           REVIEW NOMINEES IS JUST THAT. IT'S TALK. WE HEAR THAT, WELL, WE

           CAN'T JUST BRING UP A NOMINEE AND MOVE THEM FORWARD. WELL, WE
           CAN... WE CAN IF THE RIGHT SENATORS FROM THE RIGHT PARTY SAY,
           LET'S MOVE THEM FORWARD. BUT OTHERWISE IT DOESN'T HAPPEN. SO
           LET'S NOT BE IMPRECISE ABOUT WHAT IS NEEDED. IF ALL GOES
           ACCORDING TO SCHEDULE, THESE NOMINEES WILL
{END: 2000/07/25 TIME: 17-30 , Tue.  106TH SENATE, SECOND SESSION}