Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, SEPTEMBER 8, 2005 No. 111 House of Representatives The House met at 10 a.m. and was THE JOURNAL ernment for the past week, and we need called to order by the Speaker pro tem- The SPEAKER pro tempore. The to get past pointing fingers. pore (Mr. LATOURETTE). Chair has examined the Journal of the The fact of the matter is that last day’s proceedings and announces progress is being made. We know that. f to the House his approval thereof. More than 45,000 lives have been saved, Pursuant to clause 1, rule I, the Jour- including over 23,000 saved by the U.S. DESIGNATION OF THE SPEAKER nal stands approved. Coast Guard alone. Over 273,000 citizens PRO TEMPORE have been evacuated. Nearly 600 shel- f The SPEAKER pro tempore laid be- ters have been established, housing fore the House the following commu- PLEDGE OF ALLEGIANCE 182,000 people, and more than 71,000 personnel are on the ground who have nication from the Speaker: The SPEAKER pro tempore. Will the helped deliver more than 11 million WASHINGTON, DC, gentleman from Texas (Mr. POE) come meals and 18 million liters of water. September 8, 2005. forward and lead the House in the We are making progress, but the task I hereby appoint the Honorable STEVEN C. Pledge of Allegiance. LATOURETTE to act as Speaker pro tempore is not over. Water is being pumped out Mr. POE led the Pledge of Allegiance on this day. of the city, and the evacuation of New as follows: J. DENNIS HASTERT, Orleans is almost complete. Our per- Speaker of the House of Representatives. I pledge allegiance to the Flag of the sonnel are working 20-hour days to en- United States of America, and to the Repub- sure that every person is safe and f lic for which it stands, one nation under God, indivisible, with liberty and justice for all. sound. The bottom line, Mr. Speaker, is that PRAYER f while some people choose to point fin- The Chaplain, the Reverend Daniel P. REMOVAL OF NAME OF MEMBER gers, America is doing what it does Coughlin, offered the following prayer: AS COSPONSOR OF H.R. 881 best: coming together for one another Fifteen years ago today, the world and helping each other during times of Mr. PITTS. Mr. Speaker, I ask unani- took notice and celebrated the reunifi- disaster. mous consent to have my name re- cation of Germany. This marked the f end of coldness in Europe and a re-cre- moved as a cosponsor of H.R. 881. ation of relationships that have contin- The SPEAKER pro tempore. Is there EMPLOYING PEOPLE WHO WERE ued to flourish. objection to the request of the gen- DISPLACED BY HURRICANE Lord of history and God of creation, tleman from Pennsylvania? KATRINA strengthen in each nation of the world There was no objection. (Mr. KUCINICH asked and was given and in each person healthy, honest, and f permission to address the House for 1 lasting relationships. minute and to revise and extend his re- ANNOUNCEMENT BY THE SPEAKER Certain moments in life exhort us to marks.) PRO TEMPORE be more connected to others. The mem- Mr. KUCINICH. Mr. Speaker, for the ory of 9/11 and now the enormous chal- The SPEAKER pro tempore. The people of the Gulf Coast region who lenge facing us as a result of Hurricane Chair will entertain five 1-minute were stricken by Hurricane Katrina, Katrina stir within us all the impor- speeches on each side. there is less to the emergency supple- tance of living beyond self and being f mental than meets the eye. I mean connected to others. that exactly zero dollars of the $50 bil- Send Your sustaining and creative STOP POINTING FINGERS lion Congress will send today for emer- spirit upon this Chamber and the Na- (Ms. FOXX asked and was given per- gency relief and temporary construction. Lord God, may we find strength mission to address the House for 1 tion will be used for employing people by reaching out to the weak, find bless- minute.) displaced by Hurricane Katrina. How- ing by opening our hands and our arms Ms. FOXX. Mr. Speaker, soon after ever, the administration is not with- to the helpless, and find fulfillment by the country became aware of the devas- holding anything from Halliburton. connecting ourselves to others. Help tation that Katrina caused on the Gulf Halliburton received a no-bid contract us, O Lord, to find allies who will fill Coast, the personal attacks on our Na- immediately after the hurricane. Yet the vacuum of evil. tion’s leaders began. We have heard the CBO estimates 400,000 people were This we ask now and forever. Amen. constant criticism of the Federal Gov- made unemployed by the hurricane

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H7747

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.000 H08SEPT1 H7748 CONGRESSIONAL RECORD — HOUSE September 8, 2005 with no hope in sight of regaining their disbursement of these funds and to learned to differentiate rhetoric from former jobs because their workplaces make certain it goes to the victims and reality. The sad, yet unmistakable, were destroyed. appropriate expenditures and not dis- truth is that the Federal Government For the region, the economic devas- aster profiteering. Likewise, Congress failed the people of the Gulf Coast, tation is on par with the effects of the must safeguard against opportunists, both in the years before the hurricane Great Depression. At that time Presi- some even in our own ranks, who would and in the days after it. The American dent Roosevelt asked for a National In- use the disaster for their own petty po- people get it; but, unfortunately the dustrial Recovery Act with which the litical ends. administration does not. government put millions of people In fact, in light of the huge costs, the This is not a time for finger-pointing back to work rebuilding the country’s big run-up in the deficit that we are or political posturing. Neither is it a infrastructure. That is what the hurri- about to see, some on the other side of time to stick our heads in the sand and cane-demolished region needs today. the aisle are suggesting this makes the pretend that the government has per- The people of the region who have lost case for tax cuts for the wealthiest informed admirably. It has not, and the their livelihoods should be given a pref- vestors in America, those who earn administration should stop pretending erence in hiring for the Federal dollars more than $300,000, have estates worth otherwise. spent, and the Federal dollars should more than $6 million. They say that The stakes are too high to continue be conditioned on local hiring targets. those tax cuts will provide economic heading along this road without asking But this is not a New Deal adminis- stimulus that will trickle down on the how we got there. The President needs tration. Instead of leveraging Federal people of New Orleans and Mississippi. to explain to the American people why tax money to put people back to work, They have been trickled on more we can trust this same team to ade- this administration is content to send than they can stand. We need an appro- quately deal with the crisis that con- Halliburton billions of dollars in no-bid priate, compassionate, and cost-effec- tinues to face millions and cost bil- contracts. tive recovery effort, not more tax lions. Congress needs to establish an f breaks for the most privileged among independent commission to ensure that us who were not affected. the American people learn the truth. SALUTING THE NATIONAL GUARD f We simply cannot afford any more mis- (Mr. POE asked and was given per- takes. HURRICANE KATRINA mission to address the House for 1 f minute.) (Mr. FOLEY of Florida asked and was Mr. POE. Mr. Speaker, I rise today to given permission to address the House FUNDING TO REBUILD AFTER thank and salute those members of the for 1 minute and to revise and extend HURRICANE KATRINA National Guard for the tremendous ef- his remarks.) (Mr. PENCE asked and was given per- forts they put forth in Hurricane Mr. FOLEY. Mr. Speaker, I would mission to address the House for 1 Katrina relief efforts. They have tire- like us all to tone down the rhetoric minute and to revise and extend his re- lessly devoted their time and energy and start thinking of the victims. I marks.) working around the clock to support watched Cokie Roberts yesterday, a Mr. PENCE. Mr. Speaker, Katrina neighbors, Americans who have been proud Democrat, from one of the leg- breaks my heart. When I consider its affected by this unfortunate dev- endary Democratic families of this Na- tragic aftermath, the ancient parable astating event. tion, on Fox News, not casting asper- comes to mind: ‘‘And the rains de- Altogether, there are over 45,000 Na- sions, not seeking to blame anybody. scended and the flood came and the tional Guard personnel on the ground She had personal tragedy in that they winds blew and beat against the house or aboard ships supporting the massive had lost their homes. But she was calm and it fell with a great crash.’’ relief efforts that continue to take and considerate and thoughtful and For most American families, when a place. Members of the National Guard reasonable, asking us to come together tree falls on your house, you tend to have provided widespread search and as a Nation to help the victims of this the wounded, rebuild, and then figure rescue, evacuation, medical support. hurricane. out how you are going to pay for it. They braved the dangers of flood wa- We have other leaders going on TV Later today Congress will continue ters and have been faced with unimagi- calling the President dangerous. After funding the work of relief and recovery nable situations to evacuate over 50,000 9/11, we joined hands and prayed. We for Hurricane Katrina, and well we people and rescue 11,000 from hotels, were considerate, courteous, and, most should, by speeding more than $50 bil- rooftops, and floating debris. important, we were Americans. We had lion to FEMA and other agencies. I want to specifically commend and four hurricanes in Florida, so I know But as we tend to the wounded, as we thank the 155 members of the 8th Bri- what it is like to be damaged by a begin to rebuild, let us also do what gade of the Texas National Guard. storm. every other American family would do Under the command of Colonel Donald What is worse after this event is the in like circumstances and expects this Petrash, the 8th Brigade is stationed at damaging words of our colleagues dis- Congress to do: let us figure out how 12 different shelters helping evacuees paraging the institution, disparaging we are going to pay for it. from Louisiana in southeast Texas. the President, and bringing shame on Congress must ensure that a catas- Mr. Speaker, the National Guard and this House. Our victims and our fami- trophe of nature does not become a ca- Reservists are vital to our commu- lies deserve better. tastrophe of debt for our children and nities especially during these times. f grandchildren. This is just another reminder that we AN ADMINISTRATION IN DENIAL f must never forget about our citizen HURRICANE KATRINA soldiers. (Mr. MENENDEZ asked and was f given permission to address the House (Mr. INSLEE asked and was given for 1 minute and to revise and extend permission to address the House for 1 THE RESPONSIBILITY OF his remarks.) minute and to revise and extend his re- CONGRESS Mr. MENENDEZ. Mr. Speaker, since marks.) (Mr. DEFAZIO asked and was given Hurricane Katrina struck the Gulf Mr. INSLEE. Mr. Speaker, last week- permission to address the House for 1 Coast, the Nation has gotten used to end I went to the floor of the Astro- minute.) hearing an administration in denial. dome to work with some of the evac- Mr. DEFAZIO. Mr. Speaker, today Two nights ago, Congress got a first- uees. I have never been so inspired by Congress will vote to borrow $51.8 bil- hand view when six Cabinet members people of courage and grace and great lion as a down payment on the relief, came before the House of Representa- dignity. rescue and recovery effort, a sum tives and described a picture-perfect On the way home on the flight from which could reach $200 billion. Federal response to Katrina. But as Houston to DC, there were 10 evacuees It is the responsibility of this Con- Americans have watched the tragedy headed for Florida. In the middle of the gress to oversee the administration’s unfold on their television screens, they flight, a young man took out a razor

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.003 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7749 blade and slashed his wrists in a sui- the designation of any matter for consider- trophe, and we will. We will consider, I cide attempt. ation pursuant to this resolution. am certain, other supplemental bills, The pilot made the appropriate judg- The SPEAKER pro tempore (Mr. and they will provide additional bil- ment. There were two MTs on board. LATOURETTE). The gentleman from lions for recovery and rebuilding ef- They saved his life. Actually, it prob- Florida (Mr. LINCOLN DIAZ-BALART) is forts in the Gulf Coast. ably was not life threatening. We di- recognized for 1 hour. The American people have dem- verted to Nashville. We made a flight Mr. LINCOLN DIAZ-BALART of onstrated their resiliency before and change in response to a problem. Florida. Mr. Speaker, for the purpose will do so again. We will continue to Now this administration has to make of debate only, I yield the customary 30 work to comfort those who suffer. Res- a change in the flight plan about who minutes to the gentlewoman from New cue workers are at this moment lined and how FEMA is being run. It is a dis- York (Ms. SLAUGHTER), pending which I up across this great Nation to support aster in itself. We need a flight change, yield myself such time as I may con- the recovery effort that is under way, and this is not a matter of account- sume. During consideration of this res- and volunteers from every corner of ability. There are more hurricanes on olution, all time yielded is for the pur- America are ready to support those ef- the way. pose of debate only. forts. Our prayers continue to go out to FEMA’s job in this disaster is not (Mr. LINCOLN DIAZ-BALART of the victims, to their families and to all done. We do not have confidence in the Florida asked and was given permis- the valiant rescue workers. The spirit people and the organization in the sion to revise and extend his remarks.) of community, of generosity and good FEMA cockpit. It could crash again. Mr. LINCOLN DIAZ-BALART of will across the country gives me con- This President needs to change FEMA, Florida. Mr. Speaker, House Resolution fidence that Louisiana, Mississippi and and we should be doing it in this debate 426 provides that suspensions will be in Alabama will recover from this trag- today. order at any time on the legislative edy, and they will be better than ever day of Thursday, September 8, 2005. f before. This resolution will allow the House to House Resolution 426, Mr. Speaker, is b 1015 consider and debate legislation to ad- a necessary rule for our efforts to as- dress the needs of the hurricane-rav- sist the victims of Hurricane Katrina. I VENEZUELA GASOLINE aged areas of the Gulf Coast in our would like to say a special word of SHIPMENTS country, such as increased borrowing thanks to the Speaker, to the majority (Mr. MACK asked and was given per- authority for the National Flood Insur- leader, to the chairman of the Appro- mission to address the House for 1 ance program, the Student Grant Hur- priations Committee and to the minor- minute.) ricane and Disaster Relief Act, the ity leadership for their swift action on Mr. MACK. Mr. Speaker, I have been Temporary Assistance for Needy Fami- this issue as was begun to be dem- and continue to be gravely concerned lies Emergency Response and Recovery onstrated last week. I urge my col- with Venezuela President Hugo Act, and a supplemental emergency ap- leagues, Mr. Speaker, to support both Chavez’s march against freedom. But I propriations bill. the rule and support the emergency appreciate that Hugo Chavez acted ap- Mr. Speaker, my community in legislation that is authorized under propriately in a time of crisis when he South Florida was very fortunate that this rule. recently offered to provide the U.S. we did not have to bear the full brunt Mr. Speaker, I reserve the balance of Government with a supply of needed oil of this latest hurricane, Hurricane my time. and gasoline in the wake of the devas- Katrina. Over a million of us in South Ms. SLAUGHTER. Mr. Speaker, I tation caused by Hurricane Katrina. Florida lost electricity. Many homes thank the gentleman from Florida for This morning’s Washington Post in- and businesses were flooded and some yielding me the customary 30 minutes, cludes a story which outlines that Cha- structural damage was caused to and I yield myself such time as I may vez plans to ship 1 million barrels of homes and businesses, but we did not consume. gasoline in addition to its scheduled bear the full brunt, the full fury of this (Ms. SLAUGHTER asked and was shipment of 1.2 million barrels to the latest hurricane, Katrina. given permission to revise and extend United States in the coming month. We in South Florida were very fortu- her remarks.) While this may help alleviate con- nate as well to receive generous aid Ms. SLAUGHTER. Mr. Speaker, the sumers’ concerns at the pump, we must from fellow Americans in the wake of vitally important bill before us today all recognize that when we purchase Hurricane Andrew in 1992. As a Hurri- will help to begin the process of re- Hugo Chavez’s gasoline, we will be lin- cane Andrew survivor, I have an idea of building one of our Nation’s greatest ing the pockets of a staunch enemy of the trials and tribulations that face regions and the lives of the people freedom. hurricane survivors. I am also very within it. It comes to us in the wake of The United States welcomes efforts much aware that assistance from the what was last week nothing short of a to help stem our temporary gasoline Federal Government is essential for a catastrophic failure of responsible and and oil shortage, but Hugo Chavez comprehensive and robust recovery ef- competent governance. And not sur- must understand that we will not yield fort. prisingly, the way in which we are an inch in our demand for freedom in With that said, I wish to make clear going about passing this bill is itself a Venezuela and around the world. to our friends in the Gulf Coast that we tremendous failure, the most recent in will continue to mobilize nationwide in a seemingly endless line. f response to this tragedy, we will re- It is a failure, Mr. Speaker, because PROVIDING FOR CONSIDERATION main steadfast in our commitment to almost no time has been provided for OF MOTIONS TO SUSPEND THE the recovery effort, and we will not discussion of this bill and because no RULES walk away from our obligations to our amendments have been permitted to be Mr. LINCOLN DIAZ-BALART of fellow Americans. Just as we did after introduced. This body is about to spend Florida. Mr. Speaker, by direction of Hurricane Andrew, Mr. Speaker, to- more than $50 billion and all the mi- the Committee on Rules, I call up gether it is that we will rebuild and to- nority wants is to spend it wisely. All House Resolution 426 and ask for its gether it is that we will recover. we want is to give the Members a immediate consideration. In response to this terrible disaster, chance to know where the appropria- The Clerk read the resolution, as fol- the majority leadership of this House tions are going and to actually give lows: has set out a plan to continue helping Representatives from the affected the victims of this terrible catas- States a chance to make suggestions to H. RES. 426 trophe. Last week, the House of Rep- the legislation before it becomes law. Resolved, That it shall be in order at any resentatives passed emergency funding We want to ensure that that this body time on the legislative day of Thursday, Sep- tember 8, 2005, for the Speaker to entertain totaling $10.5 billion to provide ur- will address as quickly as possible the motions that the House suspend the rules. gently needed relief to the victims of tremendous errors which have been The Speaker or his designee shall consult Hurricane Katrina. Congress needs to made by our Federal Government in its with the Minority Leader or her designee on do more for the victims of this catas- response to Hurricane Katrina.

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.004 H08SEPT1 H7750 CONGRESSIONAL RECORD — HOUSE September 8, 2005 Last night in the Rules Committee days of this crisis, but FEMA and challenged or suffer the indignity of we implored the majority to allow even Homeland Security were unable to use disagreement in the people’s House, we a mere 2 hours of debate and to allow it constructively. One thousand fire- will not be able to do a thorough dis- Members to offer amendments which fighters sent from Utah and nearby cussion today. It is the very mentality, would make this a better, more effec- areas were asked to do community re- the arrogance of this government, its tive bill. Their response? Sorry, Amer- lations work, handing out leaflets, in- unwillingness to allow accountability ica, we don’t have time for that. We stead of putting out blazes and res- to be brought into the process which don’t have time? After 5 weeks of re- cuing children. Aid and rescue tech- they have reduced to a game. They call cess in the Chamber, 40 minutes is all nology offered by more than 90 coun- it the blame game. It is not a game, the time the United States Congress tries has often been unable to pene- Mr. Speaker; it is a tragedy. We cannot has to give? It took our government 5 trate FEMA’s bureaucracy and has yet afford to go on like this, not even for days to even respond to the crisis, and to be used. Wal-Mart sent three trailer one more day. we cannot give more than 40 minutes trucks of water to New Orleans early Mr. Speaker, I reserve the balance of here today to craft a bill that will pro- last week but were turned back by my time. vide relief and help rebuild an entire FEMA officials. They said they did not Mr. LINCOLN DIAZ-BALART of region of our country? We tried to need it. To people who had no water. Florida. Mr. Speaker, I yield myself break through, but they simply would FEMA would not let a nearby Coast such time as I may consume. not hear us. Guard ship distribute 1,000 gallons of Mr. Speaker, I am very proud to be They would not hear us because they fuel to people on land. And while that bringing forth to the floor today a rule do not want to be challenged or blamed particular ship was able to take on pa- that will permit the consideration of or to deal with alternative solutions. It tients and treat them and give them various pieces of legislation to con- simply wants us to accept its leader- medical care, they were awaiting the tinue to provide very needed assistance ship, once again quietly and without orders that never came. FEMA cut the to those who are suffering as we speak. comment. But what the American peo- emergency communication lines that As I mentioned before in my prior re- ple want is reform. They want change. authorities in Jefferson Parish were marks, Mr. Speaker, there are four They want us to work hard here in the using, for who knows what reason. The pieces of legislation that this rule that House and try to fix this mess. And so president of Jefferson Parish had the we will be voting on this morning au- we will not keep quiet because our Na- sheriff’s department replace those lines thorizes consideration of: the national tion is demanding that we speak out. and put them under armed guards to flood insurance program, assistance for This government failed the people of protect them from? FEMA. that program; the Student Grant Hur- Louisiana and Mississippi and Ala- Mr. Speaker, this is just the tip of ricane and Disaster Relief Act, assist- bama. This government, one so willing the iceberg. The tales of failure go on ance for that program; the Temporary to tell other nations and peoples how and on and on. Failure before Katrina, Assistance For Needy Families Emer- they should live their lives and orga- failure during Katrina and failure after gency Response and Recovery Act, as- nize their states, has revealed itself to Katrina. sistance for that program; and an Ours is a government which has be unable to save the lives of its own emergency supplemental. Those four spent much of the last 4 years focused citizens and to protect its own States pieces of legislation, the rule that we on national security. Ours is govern- when they are in need. Indeed, that ne- are debating on at this time, are au- ment which has spent tens of billions glect has cost lives. It was unable to thorized to be debated by this House. of dollars theoretically preparing our meet its most basic responsibility and I wish to commend the two Senators country for impending disasters. Ours the ultimate reason for its very exist- from the State of Louisiana who, I was is a government which has justified its ence, the defense of life within its own just able to read some of their joint hold on power by warning us that only borders. statements, I think are demonstrating this administration’s leaders could It is obvious that the current admin- great responsibility in a spirit of bipar- keep America safe. But the administra- istration and departments in its care tisanship. For example, the two Sen- tion was not up to the task. Nor was did not have a plan sufficient to handle ators from Louisiana have stated, they FEMA. Nor was the Department of the kind of crisis they were confronted say there will be ample time, and I Homeland Security. Our government with. Disturbingly, however, they were agree with them, for Congress to thor- failed. Until every aspect of our emer- armed with a plan to shift blame away oughly investigate the event. gency response system is analyzed and from themselves. And so a few days They say, as well, and I also agree reevaluated, this government will have ago, Homeland Security Director Mi- with them, that the focus now needs to a hard time finding its credibility in chael Chertoff tried to blame local gov- be on food, on housing, on employment, the debris. ernment officials for what had hap- I suggest that we should start trying on education and on health care, not pened. Such an argument is embar- to regain that credibility right here, on investigations. There will be plenty rassing and shameful because this Fed- today. This administration and this of time for this Congress, in its con- eral Government has not been ade- Congress and the agencies of this Fed- stitutional duty of oversight, to inves- quately supporting those State and eral bureaucracy concerned with emer- tigate. But I agree, as I say, with the local officials in the years that led up gencies like Katrina have a great debt Senators from Louisiana. to last week, and it did not give them to pay back to the American people. The focus now, and our focus in what they needed after the hurricane This Congress owes them more than a bringing forth authorizing consider- struck. Instead, it neglected them and mere 40 minutes of consideration of the ation of the four pieces of legislation then kicked them when they were Nation’s response to what is quickly this morning, is on food, housing, em- down. becoming the worst national disaster ployment, education and health care, This kind of situation is exactly why in American history. We owe them assistance to those and for those who FEMA exists. That is why it is called more than to silence the voice of the are suffering. Federal emergency management. That American people on this floor. We owe I see the Senators from Louisiana is exactly why it was part of the Home- America more than to intentionally also made another point. In a joint bi- land Security Department. The $90 bil- prevent this body from crafting the partisan statement they say, please do lion that has been spent on the Home- very best hurricane recovery legisla- not make the citizens of Louisiana vic- land Security agency has left us more tion that it can by refusing to allow tims once again by allowing our imme- vulnerable than ever. If there is an any amendments to even be considered diate needs to be delayed by partisan- American that feels safer after the ex- and by shutting out almost half of this ship. penditure of that $90 billion, I would House from any consideration of this Now, we do not want to delay assist- like to meet them. Do they feel safer? bill. ance by partisanship or any other rea- Absolutely not. son, and that is why we are bringing There was a tremendous outpouring b 1030 forth this rule. We have brought forth of help coming from locations around And because this leadership does not this rule to authorize consideration of America and the world during the first want to lose a vote or have their ideas four measures to take assistance, to

VerDate Aug 18 2005 23:57 Sep 08, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.007 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7751 continue to make available assistance proud of the fact that his county, Dade, Mr. LINCOLN DIAZ-BALART of to those who are suffering at this time, and my county, Broward, were denied Florida. Mr. Speaker, I yield myself Mr. Speaker. Federal assistance from FEMA this such time as I may consume. Mr. Speaker, I reserve the balance of year with this same Hurricane Katrina. Mr. Speaker, I am proud of the fact my time. I wonder if my colleague is proud of that the rule that we have brought Ms. SLAUGHTER. Mr. Speaker, I that fact that there are blue roofs in forth this morning, and I reiterate that yield 6 minutes to the gentleman from Florida where people’s roofs are still I am so, authorizes consideration by Florida (Mr. HASTINGS), a member of not covered, and it does not even rise this House today of four legislative the Rules Committee. to the magnitude of what is going on in measures, four, to continue to increase (Mr. HASTINGS of Florida asked and the Gulf Coast; but last year’s FEMA assistance to those who are suffering was given permission to revise and ex- problems are not corrected. pursuant to the destruction caused by tend his remarks.) Inconsistency in FEMA regulations, that extraordinary tragedy in the Gulf Mr. HASTINGS of Florida. Mr. constant reinterpretations of the Staf- Coast. Speaker, I thank the ranking Demo- ford Act, Federal officials treating Four pieces of legislation are being crat of the Rules Committee for the local emergency operation centers like brought forth today, are being author- time. revolving doors, lack of coordination ized to be brought forth today with the Mr. Speaker, I rise today in support and FEMA’s fluid and unclear chain of rule that we are considering this morn- of the four bills which the House will command are just a few of the many ing. Yes, I am very proud of that, Mr. consider today under suspension of the significant and real problems that Flo- Speaker. rules should this rule pass. ridians dealt with last year and are Now, I have questions as well. I have However, I also rise with great trepi- still dealing with today. questions as well with regard to a num- dation about the way in which the ma- I have literally begged the com- ber of Federal agencies, State agencies, jority continues to run this body with- mittee of jurisdiction in this body to local agencies as well in the Gulf out regard for general order and proce- hold hearings on these shortcomings. I Coast. dure. The gentleman from Florida (Mr. even introduced bipartisan legislation My wife was reminding me last night LINCOLN DIAZ-BALART) said that he is in March with the gentleman from that on the Friday before this horrible proud to be bringing this rule under Florida (Mr. SHAW) to address a slew of storm hit the Gulf Coast, she saw the the suspension provisions. I would ask institutional problems within FEMA director of the National Hurricane Cen- the gentleman whether or not in his that we experienced firsthand last ter on national television with the conference all of the T’s were crossed year. Yet, every time we take our con- Governor of Florida, by the way. We and the I’s were dotted to bring a mat- cerns to the committees, we are told it had the Governor of Florida and our ter out, since in your conference and in is not big enough as a problem to con- local officials speaking to us continu- our caucus we have a provision that as sider on its own. ously before and at the time and after a general measure we will not bring a Well, Mr. Speaker, is the problem big the hurricane passed through us in matter under suspension for more than enough now? How many people must south Florida before it went into the $100 million. die in a disaster before something be- Gulf and then gathered all that Under suspension of the rules, Mem- comes a big enough problem in this strength that bore down with such hor- bers are afforded limited time for de- Congress? rible power on the Gulf Coast. And she The new mantra that I hear from my bate with zero opportunity to amend was reminding me that the director of colleagues in the majority is that there the legislation. When this rule passes, the National Hurricane Center, this is will be time to investigate. It is almost Friday before the hurricane hit late that is exactly what we will get. That as if we cannot chew gum and walk at Sunday night, early Monday morning, is just wrong, regardless of the urgency the same time. We must do what we the Gulf Coast, said it is headed to the of the legislation. are doing for the Gulf Coast, but we Gulf. It is going to pick up strength Mr. Speaker, this administration also must do what we have to as a re- and it could hit, it is going to land any- that is in charge of this Nation’s neg- sponsibility in Congress in the nature where from the Florida Panhandle to ligence in responding to Hurricane of oversight. New Orleans. Katrina strongly resembles the incom- Later today I will introduce legisla- Now, as I was discussing with my petence that Florida saw in the Federal tion establishing an independent com- wife last night, when we had the four emergency management organization mission to examine the failures of the hurricanes in Florida last year, and last year. The Bush administration’s Federal Government in responding to this one in south Florida this year, im- refusal to accept responsibility for its Katrina, as well as evaluate our cur- mediately our local officials, the inaction mirrors the arrogance that we rent ability to respond to any type of mayor, the county commissioners, the continue to deal with today in Florida large-scale disaster, natural or man- mayors and the Governor, the State of- as we recover from last year’s disas- made. ficials, they were speaking to the popu- trous hurricane season. The President and congressional Re- lace and instructing people to leave, Certainly our first priority has to be publicans argue that we should not evacuating people. Five times we have the rescue of those who are still alive play the blame game because they may done so in 1 year. and to provide them with housing, be in part to blame. Congress placing So, yes, I have questions as to why medical attention, food and water. FEMA in the Department of Homeland that was not done in Louisiana, why it However, as the Gulf Coast turns to the Security and allowing the agency to was not ordered by the mayors and by recovery and rebuilding process, the operate completely unchecked helped the county commissioners and by the billions that Congress will spend will create the disaster that we are in Governors. I have questions. Of course not be enough to fix the problems that today. We created the problem, and I have questions, Mr. Speaker. We all exist within FEMA. now we need to fix it. have questions, and those questions Based on my own personal experience I question, however, whether there need to be addressed. And they will be dealing with Under Secretary Brown are enough in this body who have the addressed as we proceed with our over- directly over the last year, I warn the courage to do what is right and not sight function, which is legally re- Members of this body that the prob- only criticize the administration, not quired. lems you see today are just the tip of only criticize local and State officials, But today what we need to do is to the iceberg, as the gentlewoman from criticize this Congress as well for our get help to the people who need the New York (Ms. SLAUGHTER) just said. incompetence and inaction. But actu- help, and that is what we are doing, And it has nothing to do with the mag- ally doing something is what is re- Mr. Speaker. That is why we have nitude of this awesome disaster. quired. Accountability is the only way brought forth the legislation to author- My colleague says that he is proud. I to restore integrity in a broken sys- ize consideration of four measures to wonder if my colleague from Florida is tem, and an independent commission is take assistance to those in need. That proud of the fact that $1.5 billion from the first step in repairing our disaster is what we are debating this morning. last year’s hurricanes are still out- response system which we all now Mr. Speaker, I reserve the balance of standing. I wonder if my colleague is know is woefully inadequate. my time.

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.008 H08SEPT1 H7752 CONGRESSIONAL RECORD — HOUSE September 8, 2005 Ms. SLAUGHTER. Mr. Speaker, I the President, it would have required amendments that they may wish to do yield 6 minutes to the gentleman from the FEMA director to have extensive so, that they may have wished to do so Wisconsin (Mr. OBEY), the ranking experience in emergency or disaster-re- with regard to any of the four pieces of member on the Appropriations Com- lated management, it would have made legislation. mittee. that directorship confirmable for a spe- Now, I generally, Mr. Speaker, am for open rules. I think that is an appro- b 1045 cific 5-year term to reduce the likeli- hood of the position being used as po- priate goal and I think that we should, Mr. OBEY. Mr. Speaker, last week I litical patronage of any President by as much as possible, permit the free returned to Washington along with any party, and it would have estab- flow of debate on as many ideas as about 20 other Members of the House in lished a deputy director with primary Members have. But if there has ever order to assure passage of the initial responsibility to assure that a direct been a time when we could not, when down payment of $10 billion for the vic- connection is retained with the Depart- we should not have an open rule which tims of Hurricane Katrina. ment of Homeland Security so that in would permit, even if each of us only Today we will be voting to provide the process of dealing with domestic had one idea, and I think the Obey $52 billion more in aid. I am all for it. disasters, we do not neglect our respon- amendment is a very interesting one, We will all vote for it. Any suggestion sibilities to also protect the country he just explained it a few minutes ago, in any way that the delivery of that against terrorism. even if each of us had one idea in the money would be delayed is pure non- Our friends on the majority side of form of an amendment like the one sense. That money will be voted today. the aisle declined to allow us to have that was just explained by the gen- But the problem we have is that the that vote. tleman from Wisconsin (Mr. OBEY), we bill is being brought to the floor in a I do not object to the majority say- would have 435 amendments, Mr. manner which prevents Congress from ing ‘‘We do not believe that that is the Speaker, to debate. exercising any independent judgment right solution.’’ or ‘‘We do not believe This is not the time to have 435 or 100 whatsoever about how best to use tax- that this is the right time to discuss or 50 amendments. This is the time to payers’ money. And the problem is that this.’’ That is a legitimate position. bring forth legislation, a rule in this the agency that we are appropriating But what we are asking for is to at case to authorize consideration of four most of the money to has dem- least have the ability to debate that pieces of legislation to assist those in onstrated with great clarity that it is issue, to discuss that issue, because need. spectacularly dysfunctional; and there every day that we delay professional- Mr. Speaker, I yield 3 minutes to the are a number of reasons for that. izing FEMA and depoliticizing it is an- distinguished gentlewoman from Illi- The problem we have with FEMA is other day that taxpayers’ money is nois (Mrs. BIGGERT). Mrs. BIGGERT. Mr. Speaker, I sup- that what was an efficient, professional being spent by an agency which has port the rule and the underlying bills. and qualified agency under James Witt been demonstrated under these cir- during the Clinton administration has I would encourage FEMA to work with cumstances to be incompetent. the Department of Education to utilize now once again become a dumping The President has a responsibility, the Education for Homeless Children ground for political cronies. each and every Member of this Con- and Youth Program to meet the edu- Three years ago this Congress in the gress has a personal responsibility to cational needs of all students displaced wake of 9/11 merged FEMA into a huge, see to it that if we are going to provide new, gargantuan agency, the Depart- by this storm. $50 billion today and another $50 billion As we consider the rule and all of ment of Homeland Security. Since that down the road, as we most surely will, time the White House, the Congress, these bills, I think we have to remem- we have a responsibility to know that ber the children. As part of the No and the Department of Homeland Secu- that money is going to be spent in the Child Left Behind Act, the Education rity all together have squeezed the re- most efficient, the most effective way for Homeless Children and Youth Pro- sources available for FEMA. They have to save lives, to rebuild communities. gram requires that school districts im- hollowed out that agency and they We cannot have that confidence under mediately enroll homeless children. It have cut more than 500 people out of the existing management of this agen- provides children with much-needed that agency. cy. And so I think we have an obliga- stability and allows for the delivery of To top it off, the President appointed tion to move as quickly as possible to other critical services, including such to run that agency a gentleman who fix the problem. things as health care and counseling. before he joined FEMA had no previous The amendment I would have offered The bill also addresses school trans- disaster experience whatsoever, and would have given us 120 days to make portation issues, assures that eligible whose only apparent connection to the those changes. I regret deeply the fact children participate in Federal, State disaster world was that he was the col- that we will not be able to at least dis- and local food programs, and allows for lege roommate of the former director cuss that matter on the floor today. frequent moving as evacuated families of FEMA. We have seen the disastrous Mr. LINCOLN DIAZ-BALART of find more permanent housing. results of that appointment. Florida. Mr. Speaker, I yield myself When we included this provision in I want to provide the $50 billion that such time as I may consume. No Child Left Behind we, frankly, the legislation is going to provide Mr. Speaker, again with regard to never contemplated that it could be so today, and I will vote for it and so will what we have brought forth this morn- useful and effective at this time of na- ever other sane Member of this House, ing, a rule for consideration of four tional crisis. We have happily discov- I assume. But I deeply regret the fact pieces of legislation to provide assist- ered over recent days that this meas- that the manner in which this legisla- ance and to increase the aid that is ure has provided a ready-made system tion is being brought to the floor today going to those who are in desperate of communication and contacts and in- will prevent me or any other Member need in the Gulf Coast area now due to formation networks that could serve us from taking an action which I think is the great catastrophe that has just well in this time of need. essential to restore the professionalism been suffered, that is what we are The program also contains a funding of FEMA and to depoliticize that agen- doing. We are authorizing consider- structure that efficiently distributes cy. ation of four pieces of legislation to in- Federal dollars to the local level. Uti- I wanted to offer an amendment to crease assistance to those in need. lizing the Education for Homeless Chil- the bill which would have allowed the Now, last night in the Committee on dren and Youth Program would save money to flow immediately, but which Rules, Mr. Speaker, our friends on the time, money and allow more Federal would have done five additional things. other side of the aisle, the minority dollars to flow more quickly to the It would have restored FEMA status as party, brought forth one amendment to areas in need. This program provides a an independent agency with no inter- the rule that we are considering this tried and tested framework for States vening bureaucracy between the White morning and that amendment called and school districts to meet the imme- House and that agency, it would have for what is known as an open rule. In diate educational and social service reestablished the position of the FEMA other words, that any Member of this needs of homeless children displaced by director to one who reports directly to House could bring forth any and all Hurricane Katrina.

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.010 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7753 Encouraging FEMA and the Depart- Mr. Speaker, we reserve the balance Ms. SLAUGHTER. Mr. Speaker, I am ment of Education to utilize this proof our time. pleased to yield 2 minutes to the gen- gram to coordinate relief efforts is a Ms. SLAUGHTER. Mr. Speaker, I am tleman from Illinois (Mr. EMANUEL). commonsense step that can quickly pleased to yield 2 minutes to the gen- Mr. EMANUEL. Mr. Speaker, I would and dramatically improve assistance to tleman from Oregon (Mr. like to thank my colleague from New displaced children. BLUMENAUER). York for yielding time. I would urge support for the rule and Mr. BLUMENAUER. Mr. Speaker, I Mr. Speaker, our most important the underlying bill. appreciate the gentlewoman’s courtesy task right now is to help our fellow Ms. SLAUGHTER. Mr. Speaker, I in permitting me to speak on this bill. Americans rebuild their lives. The task yield 2 minutes to the gentleman from Mr. Speaker, I have come to the floor of this Congress and the task for this Mississippi (Mr. THOMPSON), the rank- of this House repeatedly over recent Nation is to restore communities, help ing member of the Committee on years using this specific example of people rebuild their lives and have a Homeland Security and a victim him- New Orleans as a call to arms to retrospection of what happened. We self. change how we do business. I cannot must pinpoint the errors made prior to Mr. THOMPSON of Mississippi. Mr. tell my colleagues how disappointed I the storm and flooding. Failing to re- Speaker, I rise in opposition to this am that we are having before us today spond in a time of need, when fellow rule. Twenty minutes per side is not a proposal that does not provide an op- Americans have lost their lives, their enough to argue a catastrophe of this portunity for this Chamber to ade- loved ones, their homes, failing to re- size. The rule does not allow any quately discuss what is at stake and to spond in a time of need is unaccept- amendments from our side. A number deal with opportunities. able. of Democratic districts have been af- The devastation of Hurricane Katrina Identifying failures is not pointing fected, those of the gentleman from has presented us with an unprece- fingers. It is pointing the way to im- Mississippi (Mr. TAYLOR), the gen- dented opportunity to focus the spot- prove the system for the future. We tleman from Alabama (Mr. DAVIS), and light of public attention and political cannot solve a problem if we do not the gentleman from Louisiana (Mr. concern on how to do not just the best think we had a problem. We can both JEFFERSON), as well as myself. We do job of helping the victims of this tragic help Americans, which is our primary not have an opportunity for input into storm but in making it less likely that task, rebuild their lives, reestablish what relief opportunities we can give others suffer needlessly in the future. their communities, but we must also in our districts. Preventing future devastation is the for all Americans understand what This is not right. If this is a democ- best way to honor the memory of thou- happened here so as it comes to future racy, we ought to have an opportunity sands who have died and respect the crises, future natural disasters, we are to participate in providing for the re- losses of hundreds of thousands or able and capable of responding. Be- lief of our particular districts. more who are living. cause saying everything worked well, The Republican side has taken a posi- But we are not going to have the op- acting Pollyannish is unacceptable, as tion that Democratic input is not need- portunity now to come forward with much as trying to point fingers and ed. This is not the way to go. This is a important issues that bear on over $50 trying to get political advantage in democracy. We need a rule that allows billion. We need to be debating how the this situation. for the maximum input from both Federal Government can use taxpayer We can do this right. The American sides. dollars to put people, places, and prop- people ask the Congress to do this I am sorry to say that even in this erty back in harm’s way. We should be right. time of devastation, our Republican working to make sure that citizens are What does it mean to help people re- colleagues have decided that America directly engaged in the work of dis- build their lives? First, there should be should not pull together and work for aster recovery and mitigation, plan- universal health care for all children 0 the common good. Unfortunately, the ning the future of their communities to 18. Second, a $3,000 education vouch- people of Mississippi, Alabama and and putting them to work imme- er for people going to college, GED, Louisiana are the ones who will suffer diately, the same way I saw when I was continuing their education. A housing because of this lack of total input from in the tsunami region earlier this year. program to get people in the commu- Members of Congress. In just 1 week we were already putting nities back to work building their Mr. LINCOLN DIAZ-BALART of tsunami victims to work on a cash-for- homes, highways and rebuilding all the Florida. Mr. Speaker, I yield myself work program restoring their commu- infrastructure. Lastly, making sure the such time as I may consume. nities. recently enacted bankruptcy law does Mr. Speaker, I think it is important We need to clarify the role that the not affect people in that area, freezing that we realize that in the same fash- Federal Government is going to play in their credit at that time so they do not ion in which last week’s supplemental disaster prevention, mitigation, and re- go into bankruptcy. legislation was considered under a lief because we are throwing billions of These are the types of things that unanimous consent request, it is the dollars at problems that we could have Congress needs to do to help those hope and wish of the majority leader- taken steps to minimize in the begin- Americans, our fellow Americans, get ship that the next supplemental bill ning. Congress should encourage and their lives and their communities back also be considered in that way under support State and local responsibility together and also taking the time to unanimous consent. for disaster prevention, mitigation, and look into what happened here so this With regard to additional time for recovery; and we must employ natural never, ever, ever happens again. debate or other matters, that could be solutions wherever possible. The American people deserve better; obviously worked into a unanimous We cannot do that today. There is no and in a time of crisis, they look to consent agreement like the one that reason that we are not able to have a their fellow countrymen and their gov- brought forth and permitted debate rational discussion. I hope this is the ernment, and this Congress must rise and permitted passage of the first sup- last time the Committee on Rules to the task to do that. Today, the way plemental. treats us this way. this is handled is not the right way. We Mr. LINCOLN DIAZ-BALART of can do better as we seek ideas from all b 1100 Florida. Yielding myself such time as I corners to help our fellow Americans So what we are voting on today, the may consume, Mr. Speaker, we will restore their lives. rule does not preclude that. On the have time for any and all of the meas- Mr. LINCOLN DIAZ-BALART of contrary, as I say, it is the wish of the ures that are brought forth if this rule Florida. Mr. Speaker, I yield myself majority leadership to continue to en- passes, under authorization of this such time as I may consume. gage in dialogue and hopefully have a rule, for rational and any other kind of We are considering today, or author- unanimous consent agreement. I want- debate. I can assure my colleagues of izing consideration, bringing forth ed to make that clear because some- that, Mr. Speaker. today under this rule, the national times I think the facts are important Mr. Speaker, we reserve the balance flood insurance program, assistance for to be made clear. of our time. that program for those in need in the

VerDate Aug 18 2005 23:57 Sep 08, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.012 H08SEPT1 H7754 CONGRESSIONAL RECORD — HOUSE September 8, 2005 Gulf; the Student Grant Hurricane and But those need to be discussed with get that $50 billion to help people right Disaster Relief Act, assistance for the dispassion in some way so that when here right now. people in the Gulf with regard to stu- we make broad policy decisions, those With that, Mr. Speaker, I appreciate dent grants and disaster relief; the broad policy decisions can be made the gentleman’s indulgence. I appre- Temporary Assistance for Needy Fami- with a clear conscience and clear focus ciate the time. I support this rule be- lies Emergency Response and Recovery on what the issue really is. That takes cause it is the right thing to do to help Act, assistance for those in need under regular order, and for some who would people right now and put everything in this act, under that law, with that pro- like to bypass regular order to quickly its proper perspective. gram, through that program. pass some of these, we are doing a dis- Ms. SLAUGHTER. Mr. Speaker, I We are bringing those measures, service to long-term policy discussions. yield 2 minutes to the gentleman from those specific measures to the floor The senior member of the Committee Washington (Mr. INSLEE). today, in addition to a significant and on Appropriations from Wisconsin is (Mr. INSLEE asked and was given substantial supplemental appropria- someone I have enjoyed listening to. permission to revise and extend his re- tions bill to get aid immediately to He oftentimes will say those things marks.) those in need. which ring true. What he wants to dis- Mr. INSLEE. Mr. Speaker, this Labor Mr. Speaker, I yield 5 minutes to the cuss is significant, but it needs to be Day weekend I flew from Seattle to gentleman from Utah (Mr. BISHOP), my done in the regular order, not on top of Houston to join thousands of Texans to distinguished friend and colleague from this emergency bill; and I am sure that volunteer in the Astrodome to help the Committee on Rules. will take place. these evacuees, and there I met an in- Mr. BISHOP of Utah. Mr. Speaker, I Mr. Speaker, I would also be remiss if credible family with such courage and appreciate my good friend, the gen- I did not take this opportunity just to grace, trying to keep their family to- tleman from Florida, for yielding such say a few things that are positive. gether on the floor of the Astrodome. time right now. Though I do not know what has been A woman named Penny told me that This is obviously a time of great happening throughout the entire world, her mother named Alice was trapped at emotional sadness for all of us, as we I do know what has been happening in a specific address on Bell Street in New are attempting to help fellow Ameri- my backyard of Utah where some of Orleans, and I pitched in to try to help cans who are in a special need, a spe- these evacuees are presently residing. I to get her rescued. For 3 days, the most cial time of need. It is a trying time; guess the State of Utah took the Jazz; powerful Nation in the world was in- and, hopefully, it is one where we can we should also take some of the evac- capable of going to a specific address keep focus on the true issue, which is uees at the same time. on Bell Street and rescuing this 80- how to get emergency relief as quickly In addition to those evacuees who are year-old lady named Alice. as possible to people who desperately in my State, the State of Utah is also While that was going on, a lot of the need it. lower level FEMA people were working The rule that is being proposed here, stepping up. There are in the State of hard to effectuate that, but they were and sometimes in our rhetoric on these Utah 475 volunteers who have been handicapped by a lack of senior leader- rules we kind of go far afield from what working since Saturday with these ship, senior leadership who failed to the issue is, the issue is still the rule, evacuees. They have done everything anticipate the breaching of the levees; does not prevent any kind of unani- from having a child care center on site, senior leadership who failed to call for mous consent for more time for more to providing 6,000 meals, to even having issues to be raised at such time in the a volunteer life guard manning the help, who waited 5 hours to call for future, but it does provide a backup to pool at the base at which these evac- help after landfall of the hurricane; guarantee that the issue at the end of uees are staying. $2 million since Sat- senior leadership that allowed FEMA’s this day will be decided and that relief urday have been donated in Salt Lake job to protect us from hurricanes to be money can be moved on without any City as well; 7,000 people have called totally overwhelmed by the responsi- kind of impediments or Congress try- asking what they can do. Some of them bility regarding terrorism. ing to add extraneous issues to the de- have been very creative in what they This senior leadership led me to con- bate or discussion, unless there is are trying to do. clude, and millions of Americans to unanimous consent, obviously, for A Ronna Guidera who lives in Salt conclude, that we cannot have con- that. Lake City, and actually in Draper, fidence in senior leadership at FEMA There is precedent for what we are went down there and took trips from today. This is not a matter of finger- doing. This is not unusual. It has been the military base where the evacuees pointing or accountability. It is a mat- done before. It will be done again in the are staying into Salt Lake City for ter of whether we have confidence in future. It does, though, try to state sightseeing, for shopping trips. dealing with the next hurricane that is that there is a time and a place for ev- Steve Gordon had the idea of actu- getting ready in the Atlantic Ocean erything that we do. There is a time to ally providing as many tickets as he right now. This is the middle. I heard try and pass emergency relief and get can get to go to the Utah-Utah State one person say this is the third inning that relief moving as quickly as pos- game. It may not be what they nec- of a nine inning game of the hurricane sible, to really hit what is human suf- essarily wanted to see that Saturday, season. We have to get this problem fering. but it is the best game in town that we fixed now. This particular request deals with have to offer. After the debacle at Pearl Harbor, temporary assistance. It deals with People are stepping up from their America did not wait until the end of providing temporary housing, money hearts for this disaster. It is also time World War II to fix the problem that for home repairs, medical, dental costs, for Congress to step up with their led us to be caught with our pants repair work, cleanup, ensuring that the hearts and provide the temporary re- down at Pearl Harbor with such fatal- firemen get their pay. It is emergency lief, and then use our minds to go back ity, and we have suffered probably equipment. and discuss the policy issues and policy more fatalities here than we did at Much of the discussion we have heard initiatives, but go through the regular Pearl Harbor. this morning deals with long-range pol- order so that we do not jump to conclu- We need, on a bipartisan basis, to fix icy issues. I am not saying they are sions, we do not make mistakes as we this problem now; and we need to help bad, because that policy discussion go through. the President do that because of his at- needs to take place. It should take All of these discussions are impor- titude of saying, Brownie, you did a place. We need to determine what the tant, they are there, but the rule at great job, it just will not wash with the city of New Orleans did well and what hand is to get emergency relief on the American people. It is a shame that it did poorly; what the State of Lou- floor to help people right now, and we this rule will not allow Americans to isiana did well, what it did poorly; should not lose sight of that in our ef- get what they deserve, a working what the Federal Government did well. forts to try to expand it into other FEMA. We even need to discuss what the areas, legitimate discussion areas, but Mr. LINCOLN DIAZ-BALART of United States Congress has done well other areas that do not pertain specifi- Florida. Mr. Speaker, I yield such time and poorly in this particular issue. cally to this point at hand as to how we as he may consume to the gentleman

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.014 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7755 from California (Mr. DREIER), the Louisiana and Mississippi. Now, Mr. Mr. LINCOLN DIAZ-BALART of chairman of the Committee on Rules. Speaker, I believe that what we should Florida. Mr. Speaker, I yield myself (Mr. DREIER asked and was given do is just as we did following Sep- such time as I may consume. permission to revise and extend his re- tember 11 of 2001. We should come to- What we are doing today, Mr. Speak- marks.) gether, pass this rule with strong bi- er, is not shoving words down anybody. Mr. DREIER. Mr. Speaker, I rise in partisan support, move ahead with this We are authorizing consideration for strong support of this rule for a very appropriations bill, and, yes, work on a this House to pass assistance for the obvious reason. It is absolutely essen- bipartisan unanimous consent agree- National Flood Insurance program, the tial that we do everything that we can ment that will allow an extension of Student Grant Hurricane and Disaster at this moment to ensure that our fel- debate so that every Member who Relief Act, the Temporary Assistance low Americans who are in desperate wants to have an opportunity to be for Needy Families Emergency Re- need have that need met. heard on this can be heard. But do not sponse and Recovery Act, and an emer- vote ‘‘no’’ and impinge on our ability gency supplemental bill to continue b 1115 to meet this very important need. the assistance to those in dreadful need What is it we hope to do under this Ms. SLAUGHTER. Mr. Speaker, I as we speak. suspension rule? We want to make sure yield myself such time as I may con- Mr. Speaker, I reserve the balance of we provide for flexibility when it sume to note that we would be happy my time. comes to the flood insurance program. to come together if the Republicans Ms. SLAUGHTER. Mr. Speaker, I That seems to me to be a strong bipar- will just tell the Democrats where the yield myself such time as I may con- tisan priority that we have. meeting is. sume, and I will be asking Members to What else do we want to do? We want Mr. Speaker, I yield 11⁄2 minutes to vote ‘‘no’’ on the previous question. If to ensure that education assistance for the gentleman from Oregon (Mr. it is defeated, I will amend the rule to non-Pell grant recipients gets to them. DEFAZIO). allow the House to consider an amend- What else do we want to do? One of Mr. DEFAZIO. Mr. Speaker, I would ment by the gentleman from Wisconsin the very important programs, the suggest to the chairman of the Com- (Mr. OBEY) to the emergency supple- TANF program, Temporary Assistance mittee on Rules that more time for mental bill to reestablish the Federal to Needy Families, we want to make words would be great, but what would Emergency Management Agency as a sure we can expedite that aid to these be better would be action by this Con- freestanding independent agency. people who have been victimized by gress to fix a dysfunctional Federal An amendment would do a number of this storm just as quickly as we pos- Emergency Management Agency. Dys- important things to fix the problems sibly can. functional at the top, not at the bot- with FEMA. It will reestablish it as an Mr. Speaker, a vote against this rule tom. People at the bottom want to get independent agency, allow the director is in fact a vote which would deny us out there. The first responders want to to report directly to the President, re- the opportunity to move as quickly as be out there. They still do not have ef- quire the director to have emergency possible to provide that kind of aid re- fective interoperable communications 4 response experience, limit the direc- lief. years after 9/11. tor’s term to 5 years, and establish a Now, I know there is a lot of discus- Given the befuddled response at the deputy director for disaster relief. sion over what it is that we will see for top, I am not confident that this $51.8 Mr. Speaker, I know all of us in the the structure for debate during consid- billion we are going to borrow, House were truly stunned and horrified eration of this large, multibillion dol- indebting a generation of Americans of by the terrible and heartbreaking lar supplemental appropriations bill. probably another $100 billion or $200 scenes from New Orleans and the other Nothing in this rule whatsoever, noth- billion, will be well and effectively Gulf Coast States that unfolded last ing in this rule whatsoever, Mr. Speak- spent and get the relief and the rescue week. And to make matters even worse was the failure on the part of the White er, will in any way impinge on the abil- efforts and the rebuilding efforts to the House and the lead Federal agency on ity of the chairman of the Committee people and the communities that are disaster relief to take immediate ac- on Appropriations, the gentleman from devastated. We are not putting in place oversight tion that might have saved hundreds of California (Mr. LEWIS), and the ranking and protection against crisis profit- lives and alleviated the immense and minority member, the gentleman from eering. We are not trying to improve immeasurable suffering that was in- Wisconsin (Mr. OBEY), from striking a the agency. It is the middle of a hurri- flicted on so many of our fellow Ameri- unanimous consent agreement that cane season. What if there is another cans. would allow for an extension of debate tomorrow or next week? Will the ter- Members should be aware that a as they consider that appropriations rorists wait until we are done with our ‘‘no’’ vote will not in any way prevent bill. natural disasters? No. We need to begin the House from considering and ap- We all know how imperative it is the review and oversight now. They proving the desperately needed supple- that we act as quickly as we possibly say, Oh, you cannot do that in the mid- mental for the victims of Hurricane can to not only address the three items dle of a crisis. Katrina. We all agree hurricane relief that I mentioned, but to get the aid to What is the greatest crisis this coun- must happen immediately and it will those who need it on the dollar level. try has experienced in the last 100 happen today, but a ‘‘no’’ vote will let Why? Because we know it is quite pos- years? I think it might have been us debate the serious and urgent mat- sible that just this evening, as early as World War II. In the middle of World ter regarding FEMA’s future ability to this evening, we could see the $10.5 bil- War II, Harry Truman chaired a com- respond immediately and responsibly lion that we, under a unanimous con- mittee investigating war profiteering to any disaster that occurs on our soil sent agreement appropriated at the end under FDR, the greatest President of so that we may never see such a thing of last week, run out. And we do not the last century, and reforms were put again as we have witnessed with want that to run out. We want to make in place. Congress did its job. FEMA’s work. sure that that continued flow of assist- We need to improve FEMA. We need I urge Members to vote ‘‘no’’ on the ance can flow in as expeditiously as a better response. The first responders previous question. possible. The responsible thing is for us need better tools. The people that have Mr. Speaker, I ask unanimous con- to come together in this time of crisis. been affected need effective relief, they sent to insert the text of my amend- This Sunday marks the fourth anni- need compassion, and they need assist- ment immediately prior to the vote on versary of September 11. Tragically, ance. Shoveling money at them and the previous question. 3,000 lives were lost in New York City, more words will not do it. We need to The SPEAKER pro tempore (Mr. in Pennsylvania, and here in the met- make some changes, and you are not LATOURETTE). Is there objection to the ropolitan area. The projections are going to allow any changes or any request of the gentlewoman from New that as many as three times as many amendments here on this floor today, York? people, maybe even more than that, but you will allow us a few more words. There was no objection. have lost their lives in this horrible We might get up to $1 billion a minute Ms. SLAUGHTER. Mr. Speaker, I crisis that we have seen take place in instead of $1.2 billion a minute. yield back the balance of my time.

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.016 H08SEPT1 H7756 CONGRESSIONAL RECORD — HOUSE September 8, 2005 Mr. LINCOLN DIAZ-BALART of ferred to the Department of Homeland Secu- eral Emergency Management Agency, the Florida. Mr. Speaker, I yield myself rity. This is simply not the same agency that Deputy Director shall have primary respon- such time as I may consume, and I responded so effectively to the Oklahoma City sibility within the Agency for natural disas- thank all of our colleagues who have bombing in 1995. Since being transferred to ters and non-natural disasters, including large-scale terrorist attacks. debated this important issue this the Department of Homeland Security in 2001, morning. FEMA’s ability to respond to natural disasters (d) TRANSFER OF FUNCTIONS.—There shall I would like again to also thank the has been eroded. be transferred to the Director of the Federal Emergency Management Agency— two Senators from Louisiana, Senators I believe we need to restore FEMA’s status (1) the functions (including the functions LANDRIEU and VITTER for their joint bi- as an independent agency. In addition, the Di- under paragraphs (3) and (8) of section 430(c) partisan statement where they say rector of FEMA should be an experienced proof the Homeland Security Act of 2002 (6 that Congress will have ample time to fessional in areas of emergency management, U.S.C. 238(c)), personnel, assets, and liabil- thoroughly investigate this event and and not the former head of the International ities of the Department of Homeland Secu- that they plan, as many of us do, to Arabian Horse Association with no previous rity relating to the Federal Emergency Man- play a major role in those important background in disaster relief. agement Agency; and investigations, but they continue say- I urge my colleagues to vote to allow Rep- (2) the functions of the Department of resentative OBEY the opportunity to offer his Homeland Security under sections 502 (other ing, please do not make the citizens of than paragraph (2)) and 503(1) of the Home- Louisiana a victim once again by al- amendment. The next natural disaster could happen next week, and we need to restore land Security Act of 2002 (6 U.S.C. 312, 313), lowing our immediate needs to be de- and the personnel, assets, and liabilities of layed by partisanship. FEMA’s ability to respond to it. I also ask all the Department relating to such functions. my colleagues to join me in voting for the un- Now, we have heard a number of (e) TRANSITION PERIOD.—The transfers ideas today brought forth, really for derlying bill. under this section shall be carried out as sweeping policy changes. They defi- The text of the amendment pre- soon as practicable, but no later than the nitely should be considered. And per- viously referred to by Ms. SLAUGHTER 120th day following the date of enactment of is as follows: haps many of those ideas will become this section. During the transition period, law. But today what we need to do is At the end of the resolution add the fol- the Secretary of Homeland Security shall lowing new sections: provide to the Director of the Federal Emer- what we are doing. We are getting the SEC. 2. The amendment specified in section gency Management Agency such assistance, assistance and we are increasing it to 3 shall be in order at any time during the including the use of personnel and assets, as those who are in desperate need. consideration of a motion to suspend the the Director may request in preparing for So, Mr. Speaker, I would urge my rules and pass H.R. 3673. Such amendment the transfer. shall be considered as read, shall be debat- colleagues to support this rule that (f) PERSONNEL PROVISIONS.— able for one hour equally divided and con- brings forth four pieces of assistance, (1) APPOINTMENTS.—The Director of the trolled by the proponent and an opponent, legislation for assistance to those in Federal Emergency Management Agency shall not be subject to amendment, and shall may appoint and fix the compensation of desperate need, and would also urge, not be subject to a demand for a division of such officers and employees, including inves- obviously, favorable consideration of the question. All points of order against such tigators, attorneys, and administrative law the underlying pieces of legislation amendment are waived. judges, as may be necessary to carry out the that we are authorizing being consid- SEC. 3. The amendment by Representative respective functions transferred under this OBEY referred to in Section 2 is as follows: ered today. section. Except as otherwise provided by law, AMENDMENT TO H.R. lll, AS REPORTED Mr. LEVIN. Mr. Speaker, I rise in support of such officers and employees shall be ap- the emergency funding bill that the House will OFFERED BY MR. OBEY OF WISCONSIN pointed in accordance with the civil service consider later today to continue relief and re- At the end of the bill, insert before the sec- laws and their compensation fixed in accord- covery operations in the aftermath of Hurri- tion containing the short title the following: ance with title 5, United States Code. cane Katrina. We need to approve this meas- SEC. ll. FEDERAL EMERGENCY MANAGEMENT (2) EXPERTS AND CONSULTANTS.—The Direc- ure today with all deliberate speed. I do object AGENCY. tor of the Federal Emergency Management (a) INDEPENDENT ESTABLISHMENT.—The to the procedure in which the House will take Agency may obtain the services of experts Federal Emergency Management Agency and consultants in accordance with section up this emergency measure, which provides shall be an independent establishment in the 3109 of title 5, United States Code, and com- just 40 minutes to debate a $51 billion appro- executive branch. pensate such experts and consultants for priation, with no amendments allowed. (b) DIRECTOR.— each day (including traveltime) at rates not I urge the House to reject this procedure (1) IN GENERAL.—The Agency shall be head- in excess of the rate of pay for level IV of the and allow Representative OBEY to offer an ed by a Director, who shall be appointed by Executive Schedule under section 5315 of amendment to strengthen the Federal Emer- the President, by and with the advice and such title. The Director of the Federal Emer- consent of the Senate, and who shall report gency Management Agency and re-establish gency Management Agency may pay experts directly to the President. The Director of the and consultants who are serving away from FEMA as a separate, independent agency Federal Emergency Management Agency whose Director reports directly to the Presi- their homes or regular place of business, shall be compensated at the rate provided for travel expenses and per diem in lieu of sub- dent. The Obey amendment would also re- at level I of the Executive Schedule under sistence at rates authorized by sections 5702 quire that the Director of FEMA have exten- section 5312 of title 5, United States Code. and 5703 of such title for persons in Govern- sive experience in emergency and disaster-re- (2) QUALIFICATIONS.—The Director of the ment service employed intermittently. Federal Emergency Management Agency lated management. The amendment is very (g) DELEGATION AND ASSIGNMENT.—Except similar to the legislation introduced earlier this shall be appointed from among persons who have significant experience, knowledge, where otherwise expressly prohibited by law week by my colleague, Representative DIN- training, and expertise in the area of emer- or otherwise provided by this section, the Di- GELL, which was cosponsored by myself and gency preparedness, response, recovery, and rector of the Federal Emergency Manage- 64 other members of the House. This is a pro- mitigation as related to natural disasters ment Agency may delegate any of the func- posal that should enjoy bipartisan support, and other national cataclysmic events. tions transferred to the Director of the Fed- eral Emergency Management Agency by this since I note that Representative FOLEY and (3) TERM OF OFFICE.—The term of office of an individual appointed as the Director shall section and any function transferred or other Republican members have introduced granted to such Director after the effective similar legislation. be 5 years. (c) DEPUTY DIRECTOR.— date of this section to such officers and em- Let me speak candidly. The response of the (1) IN GENERAL.—There shall be in the Fed- ployees of the Federal Emergency Manage- federal government to Hurricane Katrina was eral Emergency Management Agency one ment Agency as the Director may designate, woefully inadequate. Four years after 9–11, Deputy Director, who shall be appointed by and may authorize successive redelegations the federal government was not ready to re- the President, by and with the advice and of such functions as may be necessary or ap- spond to a national catastrophe that has left a consent of the Senate. The Deputy Director propriate. No delegation of functions by the major American city uninhabitable. In the shall be compensated at the rate provided for Director of the Federal Emergency Manage- at level II of the Executive Schedule under ment Agency under this section or under any weeks and months ahead, we need an inves- other provision of this section shall relieve tigation of why the federal government’s re- section 5313 of title 5, United States Code. (2) QUALIFICATIONS.—The Deputy Director such Director of responsibility for the ad- sponse fell so far short of the mark, and we shall be appointed from among persons who ministration of such functions. need accountability. One thing is already have extensive background in disaster re- (h) REORGANIZATION.—The Director of the clear: the federal agency with lead responsi- sponse and disaster preparedness. Federal Emergency Management Agency is bility for responding to national disasters— (3) RESPONSIBILITIES.—Subject to the direc- authorized to allocate or reallocate any FEMA—has lost its way since it was trans- tion and control of the Director of the Fed- function transferred under section 201 among

VerDate Aug 18 2005 00:23 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.020 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7757 the officers of the Federal Emergency Man- the performance of functions which are (iii) Section 507. agement Agency, and to establish, consoli- transferred under this section, and (iv) Section 508. date, alter, or discontinue such organiza- (B) which are in effect at the time this sec- (2) TITLE 5, UNITED STATES CODE.— tional entities in the Federal Emergency tion takes effect, or were final before the ef- (A) DIRECTOR.—Section 5312 of title 5, Management Agency, as may be necessary or fective date of this section and are to be- United States Code, is amended by adding at appropriate. come effective on or after the effective date the end the following: (i) RULES.—The Director of the Federal of this section, Emergency Management Agency is author- * * * * * shall continue in effect according to their ized to prescribe, in accordance with the pro- (B) DEPUTY DIRECTOR.—Section 5313 of title terms until modified, terminated, super- visions of chapters 5 and 6 of title 5, United 5, United States Code, is amended by adding seded, set aside, or revoked in accordance States Code, such rules and regulations as with law by the President, the Director of at the end the following: the Director determines necessary or appro- the Federal Emergency Management Agency priate to administer and manage the func- * * * * * or other authorized official, a court of com- tions of the Federal Emergency Management (3) ADDITIONAL CONFORMING AMENDMENTS.— petent jurisdiction, or by operation of law. Agency. (A) RECOMMENDED LEGISLATION.—After con- (j) TRANSFER AND ALLOCATIONS OF APPRO- (2) PROCEEDINGS NOT AFFECTED.—The provi- sultation with the appropriate committees of PRIATIONS AND PERSONNEL.—Except as other- sions of this section shall not affect any pro- the Congress and the Director of the Office of wise provided in this section, the personnel ceedings, including notices of proposed rule- Management and Budget, the Director of the employed in connection with, and the assets, making, or any application for any license, Federal Emergency Management Agency liabilities, contracts, property, records, and permit, certificate, or financial assistance shall prepare and submit to Congress rec- unexpended balances of appropriations, au- pending before the Federal Emergency Man- ommended legislation containing technical thorizations, allocations, and other funds agement Agency at the time this section and conforming amendments to reflect the employed, used, held, arising from, available takes effect, with respect to functions trans- changes made by this section. ferred by this section but such proceedings to, or to be made available in connection (B) SUBMISSION TO CONGRESS.—Not later with the functions transferred by this sec- and applications shall continue. Orders shall than 6 months after the effective date of this tion, subject to section 1531 of title 31, be issued in such proceedings, appeals shall section, the Director of the Federal Emer- United States Code, shall be transferred to be taken therefrom, and payments shall be gency Management Agency shall submit the the Federal Emergency Management Agen- made pursuant to such orders, as if this sec- recommended legislation referred to under cy. Unexpended funds transferred pursuant tion had not been enacted, and orders issued subsection (a). to this subsection shall be used only for the in any such proceedings shall continue in ef- (p) LIMITATION ON STATUTORY CONSTRUC- purposes for which the funds were originally fect until modified, terminated, superseded, or revoked by a duly authorized official, by TION.—Nothing in this section shall be con- authorized and appropriated. strued to limit the primary mission of the (k) INCIDENTAL TRANSFERS.—The Director a court of competent jurisdiction, or by oper- of the Office of Management and Budget, at ation of law. Nothing in this paragraph shall Department of Homeland Security set forth such time or times as the Director shall pro- be deemed to prohibit the discontinuance or in subparagraphs (A), (B), (E), (F), (G), and vide, is authorized to make such determina- modification of any such proceeding under (H) of section 101(b) of the Homeland Secu- rity Act of 2002 (6 U.S.C. 111(b)). tions as may be necessary with regard to the the same terms and conditions and to the functions transferred by this section, and to same extent that such proceeding could have Mr. LINCOLN DIAZ-BALART of make such additional incidental dispositions been discontinued or modified if this section Florida. Mr. Speaker, I yield back the of personnel, assets, liabilities, grants, con- had not been enacted. balance of my time, and I move the tracts, property, records, and unexpended (3) SUITS NOT AFFECTED.—The provisions of previous question on the resolution. balances of appropriations, authorizations, this section shall not affect suits commenced allocations, and other funds held, used, aris- before the effective date of this section, and The SPEAKER pro tempore. The ing from, available to, or to be made avail- in all such suits, proceedings shall be had, question is on ordering the previous able in connection with such functions, as appeals taken, and judgments rendered in question. may be necessary to carry out the provisions the same manner and with the same effect as The question was taken; and the of this section. The Director of the Office of if this section had not been enacted. Speaker pro tempore announced that Management and Budget shall provide for (4) NONABATEMENT OF ACTIONS.—No suit, the termination of the affairs of all entities action, or other proceeding commenced by or the ayes appeared to have it. terminated by this section and for such fur- against the Federal Emergency Management Ms. SLAUGHTER. Mr. Speaker, I ob- ther measures and dispositions as may be Agency, or by or against any individual in ject to the vote on the ground that a necessary to effectuate the purposes of this the official capacity of such individual as an quorum is not present and make the section. officer of the Federal Emergency Manage- (l) EFFECT ON PERSONNEL.— point of order that a quorum is not ment Agency, shall abate by reason of the present. (1) IN GENERAL.—Except as otherwise pro- enactment of this section. vided by this section, the transfer pursuant (5) ADMINISTRATIVE ACTIONS RELATING TO The SPEAKER pro tempore. Evi- to this section of full-time personnel (except PROMULGATION OF REGULATIONS.—Any admin- dently a quorum is not present. special Government employees) and part- istrative action relating to the preparation The Sergeant at Arms will notify ab- time personnel holding permanent positions or promulgation of a regulation by the Fed- shall not cause any such employee to be sep- sent Members. eral Emergency Management Agency relat- Pursuant to clause 9 of rule XX, the arated or reduced in grade or compensation ing to a function transferred under this sec- for one year after the date of transfer of such tion may be continued by the Federal Emer- Chair will reduce to 5 minutes the min- employee under this section. gency Management Agency with the same ef- imum time for electronic voting, if or- (2) EXECUTIVE SCHEDULE POSITIONS.—Except fect as if this section had not been enacted. dered, on the question of adoption of as otherwise provided in this section, any (n) REFERENCES.—Any reference in any the resolution. person who, on the day preceding the effec- other Federal law, Executive order, rule, reg- The vote was taken by electronic de- tive date of this section, held a position com- ulation, or delegation of authority, or any pensated in accordance with the Executive document of or pertaining to a department, vice, and there were—yeas 221, nays Schedule prescribed in chapter 53 of title 5, agency, or office from which a function is 193, not voting 19, as follows: United States Code, and who, without a transferred by this section— [Roll No. 458] break in service, is appointed in the Federal (1) to the head of such department, agency, Emergency Management Agency to a posi- or office is deemed to refer to the head of the YEAS—221 tion having duties comparable to the duties department, agency, or office to which such Aderholt Boozman Crenshaw performed immediately preceding such ap- function is transferred; or Akin Boustany Culberson pointment shall continue to be compensated (2) to such department, agency, or office is Alexander Bradley (NH) Cunningham in such new position at not less than the rate deemed to refer to the department, agency, Bachus Brown (SC) Davis (KY) provided for such previous position, for the Barrett (SC) Brown-Waite, Davis, Jo Ann or office to which such function is trans- Bartlett (MD) Ginny Davis, Tom duration of the service of such person in such ferred. Barton (TX) Burgess Deal (GA) new position. (o) CONFORMING AMENDMENTS AND RE- Bass Burton (IN) DeLay (m) SAVINGS PROVISIONS.— PEALS.— Beauprez Calvert Dent (1) CONTINUING EFFECT OF LEGAL DOCU- (1) HOMELAND SECURITY ACT OF 2002.— Biggert Camp Diaz-Balart, L. MENTS.—All orders, determinations, rules, (A) SECTION 504.—Section 504(a) of the Bilirakis Cannon Diaz-Balart, M. regulations, permits, agreements, grants, Homeland Security Act of 2002 (6 U.S.C. Bishop (UT) Cantor Doolittle contracts, certificates, licenses, registra- 314(a)) is amended by striking ‘‘, major dis- Blackburn Capito Drake tions, privileges, and other administrative aster,’’. Blunt Carter Dreier Boehlert Castle Duncan actions— (B) REPEALS.—The following provisions of Boehner Chabot Ehlers (A) which have been issued, made, granted, the Homeland Security Act of 2002 (6 U.S.C. Bonilla Chocola English (PA) or allowed to become effective by the Presi- 101 et seq.) are repealed: Bonner Coble Everett dent, any Federal agency or official thereof, (i) Section 2(11). Bono Cole (OK) Feeney or by a court of competent jurisdiction, in (ii) Section 503(1).

VerDate Aug 18 2005 04:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.004 H08SEPT1 H7758 CONGRESSIONAL RECORD — HOUSE September 8, 2005 Ferguson Kolbe Rehberg Michaud Rangel Spratt Gohmert Lungren, Daniel Reynolds Fitzpatrick (PA) Kuhl (NY) Reichert Millender- Reyes Stark Gonzalez E. Rogers (AL) Flake LaHood Renzi McDonald Ross Strickland Goode Lynch Rogers (KY) Foley Latham Reynolds Miller (NC) Rothman Stupak Goodlatte Mack Rogers (MI) Forbes LaTourette Rogers (AL) Miller, George Roybal-Allard Tanner Granger Manzullo Rohrabacher Fortenberry Leach Rogers (KY) Mollohan Ruppersberger Tauscher Graves Marchant Ros-Lehtinen Fossella Lewis (CA) Rogers (MI) Moore (KS) Rush Thompson (CA) Green (WI) McCaul (TX) Royce Foxx Lewis (KY) Rohrabacher Moore (WI) Ryan (OH) Thompson (MS) Gutknecht McCotter Ruppersberger Franks (AZ) Linder Ros-Lehtinen Moran (VA) Sabo Tierney Hall McHenry Ryan (WI) Murtha Salazar Frelinghuysen LoBiondo Royce Towns Harris McHugh Ryun (KS) Gallegly Lucas Nadler Sa´ nchez, Linda Hart McIntyre Saxton Ryan (WI) Udall (CO) Garrett (NJ) Lungren, Daniel Napolitano T. Hastings (WA) McKeon Schmidt Ryun (KS) Udall (NM) Gerlach E. Neal (MA) Sanders Hayes McMorris Schwarz (MI) Saxton Van Hollen Gibbons Mack Obey Schakowsky Hayworth Menendez Sensenbrenner Schmidt Vela´ zquez Gilchrest Manzullo Ortiz Schiff Hefley Mica Sessions Schwarz (MI) Gillmor Marchant Owens Schwartz (PA) Visclosky Hensarling Miller (FL) Shadegg Gingrey McCaul (TX) Sensenbrenner Pallone Scott (GA) Wasserman Herger Miller (MI) Shaw Gohmert McCotter Sessions Pascrell Scott (VA) Schultz Hobson Miller, Gary Shays Goode McHenry Shadegg Pastor Serrano Waters Hoekstra Moore (KS) Sherwood Goodlatte McHugh Shaw Payne Sherman Watson Hostettler Moran (KS) Shimkus Granger McKeon Shays Pelosi Skelton Watt Hulshof Murphy Shuster Graves McMorris Sherwood Peterson (MN) Slaughter Waxman Hunter Musgrave Simmons Green (WI) Mica Shimkus Pomeroy Smith (WA) Woolsey Inglis (SC) Myrick Simpson Gutknecht Miller (FL) Shuster Price (NC) Snyder Wu Issa Neugebauer Smith (NJ) Hall Miller (MI) Simmons Rahall Solis Wynn Istook Ney Smith (TX) Harris Miller, Gary Simpson Jenkins Northup Sodrel Hart Moran (KS) Smith (NJ) NOT VOTING—19 Jindal Norwood Souder Hastings (WA) Murphy Smith (TX) Baker Emerson Sanchez, Loretta Johnson (CT) Nunes Stearns Hayes Musgrave Sodrel Berkley Hyde Taylor (MS) Johnson (IL) Nussle Sullivan Hayworth Myrick Souder Brady (TX) Maloney Weiner Johnson, Sam Osborne Sweeney Hefley Neugebauer Stearns Butterfield McCrery Wexler Jones (NC) Otter Taylor (NC) Hensarling Ney Sullivan Buyer Melancon Young (AK) Keller Oxley Terry Herger Northup Sweeney Conaway Oberstar Kelly Paul Thomas Hobson Norwood Tancredo Cubin Olver Kennedy (MN) Pearce Thornberry Hoekstra Nunes Taylor (NC) King (IA) Pence Tiahrt Hostettler Nussle Terry 1147 King (NY) Peterson (PA) Tiberi Hulshof Osborne b Kingston Petri Turner Thomas Hunter Otter Kirk Pickering Upton Thornberry Messrs. BAIRD, KILDEE, VIS- Inglis (SC) Oxley Kline Pitts Walden (OR) Tiahrt CLOSKY, JEFFERSON, HINOJOSA, Issa Paul Knollenberg Platts Walsh Tiberi Istook Pearce FATTAH, RUSH, Ms. KILPATRICK of Kolbe Poe Wamp Jenkins Pence Turner Michigan and Ms. HARMAN changed Kuhl (NY) Pombo Weldon (FL) Upton Jindal Peterson (PA) their vote from ‘‘yea’’ to ‘‘nay.’’ LaHood Porter Weldon (PA) Johnson (CT) Petri Walden (OR) Langevin Price (GA) Weller Johnson (IL) Pickering Walsh Mr. GUTKNECHT changed his vote Latham Pryce (OH) Westmoreland Johnson, Sam Pitts Wamp from ‘‘nay’’ to ‘‘yea.’’ LaTourette Putnam Whitfield Jones (NC) Platts Weldon (FL) So the previous question was ordered. Leach Radanovich Wicker Weldon (PA) Keller Poe The result of the vote was announced Lewis (CA) Ramstad Wilson (NM) Kelly Pombo Weller Lewis (KY) Regula Wilson (SC) Kennedy (MN) Porter Westmoreland as above recorded. Linder Rehberg Wolf King (IA) Price (GA) Whitfield The SPEAKER pro tempore (Mr. LoBiondo Reichert Wynn King (NY) Pryce (OH) Wicker LATOURETTE). The question is on the Lucas Renzi Young (FL) Kingston Putnam Wilson (NM) Kirk Radanovich Wilson (SC) resolution. NOES—179 Kline Ramstad Wolf The question was taken; and the Knollenberg Regula Young (FL) Abercrombie Dingell Larsen (WA) Speaker pro tempore announced that Ackerman Doggett Larson (CT) the ayes appeared to have it. NAYS—193 Allen Doyle Lee RECORDED VOTE Andrews Emanuel Levin Abercrombie Davis (AL) Inslee Baca Engel Lewis (GA) Ackerman Davis (CA) Israel Ms. SLAUGHTER. Mr. Speaker, I de- Baird Etheridge Lipinski Allen Davis (FL) Jackson (IL) mand a recorded vote. Baldwin Evans Lofgren, Zoe Andrews Davis (IL) Jackson-Lee A recorded vote was ordered. Barrow Farr Lowey Baca Davis (TN) (TX) Bean Fattah Markey Baird DeFazio Jefferson The SPEAKER pro tempore. This Becerra Filner Marshall Baldwin DeGette Johnson, E. B. will be a 5-minute vote. Berman Flake Matheson Barrow Delahunt Jones (OH) The vote was taken by electronic de- Berry Ford Matsui Bean DeLauro Kanjorski vice, and there were—ayes 235, noes 179, Bishop (GA) Frank (MA) McCarthy Becerra Dicks Kaptur Bishop (NY) Gordon McCollum (MN) Berman Dingell Kennedy (RI) not voting 19, as follows: Blumenauer Green, Al McDermott Berry Doggett Kildee [Roll No. 459] Boren Green, Gene McGovern Bishop (GA) Doyle Kilpatrick (MI) Boucher Grijalva McKinney Bishop (NY) Edwards Kind AYES—235 Boyd Gutierrez McNulty Blumenauer Emanuel Kucinich Aderholt Burton (IN) Dicks Brady (PA) Harman Meehan Boren Engel Langevin Akin Calvert Doolittle Brown (OH) Hastings (FL) Meek (FL) Boswell Eshoo Lantos Alexander Camp Drake Brown, Corrine Herseth Meeks (NY) Boucher Etheridge Larsen (WA) Bachus Cannon Dreier Capps Higgins Michaud Boyd Evans Larson (CT) Barrett (SC) Cantor Duncan Capuano Hinchey Millender- Brady (PA) Farr Lee Bartlett (MD) Capito Edwards Carnahan Hinojosa McDonald Brown (OH) Fattah Levin Barton (TX) Cardin Ehlers Carson Holden Miller (NC) Brown, Corrine Filner Lewis (GA) Bass Cardoza English (PA) Case Holt Miller, George Capps Ford Lipinski Beauprez Carter Eshoo Clay Honda Mollohan Capuano Frank (MA) Lofgren, Zoe Biggert Castle Everett Cleaver Hooley Moore (WI) Cardin Gonzalez Lowey Bilirakis Chabot Feeney Clyburn Hoyer Moran (VA) Cardoza Gordon Lynch Bishop (UT) Chandler Ferguson Conyers Inslee Murtha Carnahan Green, Al Markey Blackburn Chocola Fitzpatrick (PA) Cooper Israel Nadler Carson Green, Gene Marshall Blunt Coble Foley Costa Jackson (IL) Neal (MA) Case Grijalva Matheson Boehlert Cole (OK) Forbes Costello Jackson-Lee Obey Chandler Gutierrez Matsui Boehner Crenshaw Fortenberry Cramer (TX) Ortiz Clay Harman McCarthy Bonilla Culberson Fossella Crowley Jefferson Owens Cleaver Hastings (FL) McCollum (MN) Bonner Cunningham Foxx Cuellar Johnson, E. B. Pallone Clyburn Herseth McDermott Bono Davis (FL) Franks (AZ) Cummings Jones (OH) Pascrell Conyers Higgins McGovern Boozman Davis (KY) Frelinghuysen Davis (AL) Kanjorski Pastor Cooper Hinchey McIntyre Boswell Davis, Jo Ann Gallegly Davis (CA) Kaptur Payne Costa Hinojosa McKinney Boustany Davis, Tom Garrett (NJ) Davis (IL) Kennedy (RI) Pelosi Costello Holden McNulty Bradley (NH) Deal (GA) Gerlach Davis (TN) Kildee Peterson (MN) Cramer Holt Meehan Brown (SC) DeLay Gibbons DeFazio Kilpatrick (MI) Pomeroy Crowley Honda Meek (FL) Brown-Waite, Dent Gilchrest DeGette Kind Price (NC) Cuellar Hooley Meeks (NY) Ginny Diaz-Balart, L. Gillmor Delahunt Kucinich Rahall Cummings Hoyer Menendez Burgess Diaz-Balart, M. Gingrey DeLauro Lantos Rangel

VerDate Aug 18 2005 00:23 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.005 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7759 Reyes Serrano Tierney NEY) and the gentleman from Massa- Flood Insurance Reform Act. This leg- Ross Sherman Towns Rothman Skelton Udall (CO) chusetts (Mr. FRANK) each will control islation reauthorizes the National Roybal-Allard Slaughter Udall (NM) 20 minutes. Flood Insurance Program, NFIP, Rush Smith (WA) Van Hollen The Chair recognizes the gentleman through September 2008. ´ Ryan (OH) Snyder Velazquez from Ohio (Mr. NEY). Sabo Solis Visclosky The major goal of the Flood Insur- Salazar Spratt Wasserman Mr. NEY. Mr. Speaker, I yield myself ance Reform Act last Congress was to Sa´ nchez, Linda Stark Schultz such time as I may consume. reauthorize and reform the program T. Strickland Waters Mr. Speaker, today I rise in support with an eye toward maintaining the fi- Sanders Stupak Watson of H.R. 3669, the National Flood Insur- Schakowsky Tancredo Watt nancial viability of the NFIP. While Schiff Tanner Waxman ance Program Enhanced Borrowing Au- some provisions were included to ad- Schwartz (PA) Tauscher Wexler thority Act of 2005. dress administrative and procedural Scott (GA) Thompson (CA) Woolsey This is an important bill. This legis- Scott (VA) Thompson (MS) Wu concerns regarding it, we did not focus lation increases FEMA’s borrowing au- on issues that were procedural in na- NOT VOTING—19 thority for flood insurance by $2 billion ture such as the filing of claims, the Baker Emerson Olver and will go a long way in helping the timeliness of response to the claims fil- Berkley Hyde Sanchez, Loretta Department’s flood insurance response. ing, policyholder education, and insur- Brady (TX) Maloney Taylor (MS) This bill will ensure the program has Butterfield McCrery Weiner ance agent sales and training. Con- Buyer Melancon Young (AK) sufficient funding on a cash basis in sequently, the Subcommittee on Hous- Conaway Napolitano the short term. It will also allow ing and Community Opportunity has Cubin Oberstar FEMA to continue payment of the ini- continued to review the National Flood b 1156 tial claims resulting from Hurricane Insurance Program in an effort to de- Mr. RAHALL and Ms. WASSERMAN Katrina while the administration fur- termine what changes need to be made SCHULTZ changed their vote from ther evaluates the extent of the dam- to address the program’s shortcomings. ‘‘aye’’ to ‘‘no.’’ age and the most appropriate means to In addition to a request for a GAO Mr. LANGEVIN changed his vote cover all potential claims. study, our subcommittee has con- from ‘‘no’’ to ‘‘aye.’’ b 1200 ducted three hearings this year on this So the resolution was agreed to. In the aftermath of Hurricane important program, including a field The result of the vote was announced Katrina, the Federal and local govern- hearing 2 weeks ago in rural Ohio. As as above recorded. ments now face the Herculean task of the damage assessments and insurance A motion to reconsider was laid on coordinating the relocation of thou- claims begin to come in from the gulf the table. sands upon thousands of individuals coast region, we will be continuing our f and families whose lives have been torn oversight of the NFIP and to look for apart by devastation and rising flood- possible legislative solutions that ANNOUNCEMENT BY THE SPEAKER make this program as efficient and re- PRO TEMPORE waters. There are more than 78,000 people sponsive as it can be. The SPEAKER pro tempore. Pursu- now in shelters who will be requiring The National Flood Insurance Pro- ant to clause 8 of rule XX, the Chair short-term and long-term-range hous- gram is a valuable tool in addressing will postpone further proceedings ing solutions. In fact, today we had a the losses incurred to this country due today on motions to suspend the rules roundtable with the gentleman from to floods. It assures that businesses on which a recorded vote or the yeas North Carolina (Mr. MILLER) and the and families have access to affordable and nays are ordered, or on which the gentleman from Massachusetts (Mr. flood insurance that would not be vote is objected to under clause 6 of FRANK) and the gentlewoman from available on the open market. Clearly, rule XX. California (Ms. WATERS), and this very we need to continue our review of this Record votes on postponed questions issue was talked about and the mag- program and to take steps to make will be taken later today. nitude of it and the importance of it sure it is meeting the needs of those for f and the urgency of it. whom it was intended. In times like these, it is more impor- NATIONAL FLOOD INSURANCE In addition, it has been estimated that up to 360,000 residential mortgages tant than ever for Americans to stand PROGRAM ENHANCED BOR- united in helping our fellow citizens. ROWING AUTHORITY ACT OF 2005 could be negatively affected by the damage caused by the hurricane across The House of Representatives will con- Mr. NEY. Mr. Speaker, I move to sus- the gulf region. Conservative estimates tinue to stand with the people of the pend the rules and pass the bill (H.R. on residential and commercial prop- gulf coast and our colleagues who rep- 3669) to temporarily increase the bor- erty damage are in the range of $20 bil- resent those areas throughout this ef- rowing authority of the Federal Emer- lion. fort, and we encourage Americans who gency Management Agency for car- Floods have been and continue to be want to help to contact charitable or- rying out the national flood insurance one of the most destructive and most ganizations in their areas. program. costly natural hazards to our Nation. America has overcome challenges in The Clerk read as follows: During this past year alone, there have the past. As Members of the House and, H.R. 3669 been three major floods in my area in specifically, the Committee on Finan- Be it enacted by the Senate and House of Rep- Ohio. All three of these incidents quali- cial Services, we are prepared to roll up resentatives of the United States of America in fied for Federal relief, granted by the our sleeves and do the hard work to Congress assembled, President. Recent flooding in January overcome this tragedy. Increasing SECTION 1. SHORT TITLE. this year resulted in historic levels in FEMA’s borrowing authority for the This Act may be cited as the ‘‘National several local dams, and in Tuscarawas National Flood Insurance Program is Flood Insurance Program Enhanced Bor- County, a community I represent, 7,000 just one step in the process of helping rowing Authority Act of 2005’’. people were displaced and forced to those who have been affected by SEC. 2. INCREASE IN BORROWING AUTHORITY. evacuate. So I have witnessed firsthand Katrina’s waters. The first sentence of subsection (a) of sec- what floods can do. But I will tell my I would like to thank the gentleman tion 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by in- colleagues that, of course, the mag- from Ohio (Chairman OXLEY) for his ex- serting before the period at the end the fol- nitude of what is going on down south peditious work in sending this bill to lowing: ‘‘; except that, through September is beyond belief. the floor. I would also like to thank 30, 2008, clause (2) of this sentence shall be Last Congress, the Committee on Fi- the gentleman from Louisiana (Chair- applied by substituting ‘$3,500,000,000’ for nancial Services spent considerable man BAKER), the gentlewoman from ‘$1,500,000,000’’’. time and effort on legislation to reau- California (Ms. WATERS), the gentle- The SPEAKER pro tempore (Mr. thorize and reform the National Flood woman from Florida (Ms. GINNY RYAN of Wisconsin). Pursuant to the Insurance Program. On June 30, 2004, BROWN-WAITE), the gentleman from rule, the gentleman from Ohio (Mr. President Bush signed into law the Alabama (Mr. DAVIS), and especially

VerDate Aug 18 2005 00:23 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.006 H08SEPT1 H7760 CONGRESSIONAL RECORD — HOUSE September 8, 2005 thank the gentleman from Massachu- hope, and I appreciate the prodding by the National Flood Insurance Pro- setts (Mr. FRANK) for helping us to that the subcommittee did earlier with gram. move this legislation. FEMA and its performance. It is ap- I would like to work with the gen- I urge the adoption of this important palling to me that FEMA never pushed tleman to see that my constituents are piece of legislation. forward requesting the mitigation treated fairly and to fix the system so Mr. Speaker, I reserve the balance of funds that were authorized. Now we that victims of Katrina do not have the my time. have the money in the House version of same problems that we have seen in my Mr. FRANK of Massachusetts. Mr. the appropriations bill, but we need to district and other districts across the Speaker, preliminarily, I yield myself 1 move forward to see to it that this country. minute just to introduce as our first Congress puts money in place that will Mr. NEY. Mr. Speaker, I agree with speaker the gentleman from Oregon move people out of harm’s way. the gentlewoman, and I also want to (Mr. BLUMENAUER). I hope the committee will work with commend her for her work product and The gentleman from Ohio correctly us to look at other adjustments that the time that she has put in on the noted that we made our committee and may be necessary in the flood insur- Committee on Financial Services. She the Congress follow some very substan- ance program. Certainly the notion has definitely added to and benefited us tial improvements from the standpoint that people who live protected by lev- to be able to work through these pro- both of fiscal responsibility and envi- ees, and I use the term ‘‘levee protec- grams and to make these reforms, and ronmental sensitivity to the flood in- tion’’ advisedly, may not need flood in- we have appreciated all of that input surance program. Now, we obviously surance. Well, I think we are seeing an from the gentlewoman. It has been in- did not have in mind at that point example of where, in fact, they prob- valuable. The gentlewoman’s testi- something of this particular disastrous ably do need flood insurance. mony earlier this year regarded the consequence, but we did put into the I think there are other questions lingering effects of Hurricane Isabel law, for the first time really, some of that we need to explore. I know the and the numerous problems that her the environmentally important issues Committee on Financial Services is ex- constituents had in processing claims that should be there. I am hoping that ploring other aspects; and I appreciate and payments of the National Flood In- elsewhere, as we go through the appro- consultation with the gentleman from surance Program. priations process, that program will be Massachusetts (Ranking Member I share the gentlewoman’s concerns fully funded, particularly in the pro- FRANK), is about issues in terms of the that these problems will increase in posals for mitigation. viability of small financial institutions the wake of this recent hurricane, no But on our side, it was a genuinely that have been wiped out. Well, I hope doubt; and I anticipate that we will bipartisan issue. The former Member, that with the same spirit of necessary need to conduct further oversight hear- the gentleman from Nebraska (Mr. Be- reform and accommodation, we can ings on FEMA’s administration of the reuter), collaborated with the gen- look at how we finance the flood insur- program. The committee has already tleman from Oregon (Mr. ance. Can we afford to put $2 billion, $4 held three hearings on the NFIP this BLUMENAUER). billion, $6 billion of additional flood year and, as I mentioned, most re- Mr. Speaker, I yield 3 minutes to the losses on the backs of 4 million policy- cently one in my district in Ohio. We gentleman from Oregon (Mr. holders? It seems to me from a distance have heard numerous stories about in- BLUMENAUER), who was the main co-au- that that would be both unfair and un- accurate flood maps, delayed and inac- thor of that important reform in flood desirable. curate claim payments, and misunder- insurance. I hope that this is the first step to be standings about the nature and extent Mr. BLUMENAUER. Mr. Speaker, I able to move forward with these of flood policy coverage. I know the appreciate the gentleman’s courtesy in longer-term reforms. I appreciate the gentlewoman has heard about that too permitting me to speak and allowing work that the committee is doing. I ap- and has done her level best to respond this to move forward. I appreciate his preciate moving forward with this ex- to her constituents, which I know they leadership and partnership with the peditiously, but our work has just appreciate. gentleman from Ohio (Chairman begun, and I look forward to working As a result, we have asked the GAO OXLEY) and the gentleman from Ohio with my colleagues on these next im- to conduct a study of the NFIP, and I (Chairman NEY) for the follow-through portant steps. pledge to continue to ensure that the on the important flood insurance re- Mr. NEY. Mr. Speaker, I yield 5 min- program meets the needs of the people form that was, as he mentioned a mo- utes to the gentlewoman from Virginia it was designed to assist. I really look ment ago, enacted this last year. (Mrs. JO ANN DAVIS). forward to working with the gentle- The committee has been focused on Mrs. JO ANN DAVIS of Virginia. Mr. woman to meet those ends to do what making sure that the promise of flood Speaker, I would like to engage in a is right for your constituents and the insurance reform is, in fact, realized. colloquy with the gentleman from Ohio Nation when it comes to continuing to While our hearts go out to those who (Chairman NEY). reform and work with this program. have suffered what has happened in the Is it the gentleman’s understanding Mrs. JO ANN DAVIS of Virginia. Mr. gulf region, I think the spotlight of that Congress should and will continue Speaker, I thank the gentleman from this terrible catastrophe will help us to assess and address ongoing problems Ohio, and I look forward to continuing follow through on the important work with the National Flood Insurance Pro- to work with him on issues related to that we have started with the com- gram? the National Flood Insurance Program. mittee and in terms of dealing with the Mr. NEY. Mr. Speaker, if the gentle- Mr. NEY. Mr. Speaker, I reserve the flood insurance program. woman will yield, yes, that is my un- balance of my time. I acknowledge that what we are derstanding. Mr. FRANK of Massachusetts. Mr. doing here today is an important, nec- Mrs. JO ANN DAVIS of Virginia. Mr. Speaker, I yield myself such time as I essary step. The additional $2 billion in Speaker, as the gentleman knows, this may consume. borrowing authority is unprecedented, legislation will allow FEMA to provide Obviously, there is a great degree of but the floods are unprecedented. I much-needed relief to the residents of support in the Congress for getting the think we should acknowledge on the the Gulf Coast as they rebuild their money out right away. We have people floor that this is just the down pay- homes and their lives, as well it should. who were victims of this flood, and ment; that the $2 billion, by no stretch However, many residents in my dis- they have been victims in a number of of the imagination, is likely to be trict are still struggling to rebuild fol- ways. This is one small piece of the enough. We are probably going to be lowing Hurricane Isabel which struck compensation that goes to them. There back asking for another $2 billion or $4 Virginia in 2003. Some are still living will be people who will be uncompen- billion before we are done, but it is im- in FEMA trailers and many have been sated, people who did not have flood in- portant to allow FEMA to move for- shattered to learn that the flood insur- surance, people who are not able to ward at this point. ance will not cover their losses. I have make the kind of partial payment that I hope that this will enable us to pro- spoken to many misled policyholders is required, but the least we can do is vide a platform for further reform. I who have had their claims mismanaged to make this payment.

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.028 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7761 But as we vote quickly to send this b 1215 heard virtually universal insistence money, we need to work in the next We are not having any offsets. And that the government has got to do few weeks and months to deal with and this is a very small part of what we are more in housing. We have got to do a resolve some broader questions. doing. The time has come to recognize better job with the Corps of Engineers, I believe that the country has suf- that we have over these past years left and we have got to do a better job with fered over the past decade, and it is this Federal Government with too lit- the EPA to deal with the terrible envi- particularly suffering now, from a phi- tle in the way of resources to carry out ronmental problems that will result losophy that has undervalued the need our purposes. And we talk a lot about from this. We have to increase Med- for us as a civilized people to come to- values and about the moral purposes icaid funding at the Federal level for gether and work together on some we seek to achieve. I believe strongly some of the States that are receiving things. We are a society run, to a great that morality ought to be an element people. We have to provide more fund- extent, according to the principles of of public policy. I believe that we have ing for education. We are going to have the free market of private capital. It is not fulfilled our moral duty to the to rebuild streets; we are going to have a wonderful system for generating poorest people and working people and to pay police officers overtime. wealth. The goods and services that are lower middle income people in New Or- There will be enormous demands on produced through the free market sys- leans and elsewhere who have not been this government for money. And what tem benefit all of us, and that free treated fairly as they were victimized. does that mean? It means enormous de- market system leads to the best pos- That is a moral question. It is a mands that we recognize our moral ob- sible production. moral question when people are left be- ligation to each other and each other’s The problem comes with people who hind because they do not have the re- families to alleviate the effects of the are so enamored of that system that sources to leave and other people leave. disaster. Let us not just borrow that they value it not only for what it does, It is a moral question when people are money. Let us not just add it to the but for what it does not do, is not sup- not rescued when they could be res- deficit. The time has come to say that posed to do, and should not be bur- cued. It is a moral question when we we have left ourselves inadequately dened with trying to do. That is, there let people live now in conditions prepared to deal with this. are in this society a number of very brought about by this flood that are For anyone, an individual, a com- important values that we have as civ- not decent conditions for human pany, a nonprofit institution or a gov- ilized people with a moral commitment beings. ernment to live deliberately and con- to each other’s well-being that can And part of the answer, not all of the sciously on the edge is irresponsible, only be done if we pool our resources. answer, but a necessary part of the an- but that is what we have done to our- Let us take the specific issue we are swer is for the government to have the selves in this country. We have so re- now talking about: insurance. The in- resources. And those who subscribe to duced the resources available to this surance industry is a private industry. the view that we must here in this Federal Government that when this It is an industry that provides impor- House carry out our moral duty to each terrible disaster hit, we left ourselves tant services to people, that provides other should understand one of our inadequately prepared financially to jobs for people, that pools resources moral duties right now is to go to peo- deal with it. We did not do enough be- and provides investment capital. But ple in need, to people who are frail, cause of financial problems in the past. even in the area of insurance, we have who are ill, who are young, who are But let us now say, okay, we now unrecognized historically, there are some old, who are in good health, but who derstand this. There is a war going on gaps. have been reduced by physical forces to in Iraq. I opposed it, but the war is The very existence of the Federal circumstances that no one of us would there, and it imposes costs on us. There Flood Insurance Program, which we want to live in. is still an effort in Afghanistan which I are here today financing, is an ac- And only if we come together supported. Now we have this disaster. knowledgment that there are limits to through this mechanism called govern- The time has come to recognize that the private system. Private insurance, ment, and only if we give this mecha- this government, the instrument of our we have decided as a society, cannot nism called government resources, tax collective moral capacity in this in- handle the flood question, so the gov- money, because that is where the stance, and volunteers will be very ernment must step in. I say that be- money comes from, will we have the helpful, and I salute the volunteers cause it has become fashionable to de- capacity to discharge our fundamental who have done this. nounce government, to take credit for moral duty. We talk a lot about family But no one thinks that individual less government. Well, less govern- values. Let us value the families that volunteerism is going to resolve this ment, what does that mean? Less have been so badly battered by this crisis. There needs to be a common ef- FEMA, less flood insurance, less for the hurricane and whose condition was ex- fort, coordinated and organized; and Corps of Engineers? acerbated by an inadequate response by that means government. So for those This is an example. We are here the rest of the country. who have joined in the insistence that today to provide more government. We I cannot think of a better demonstra- we spend more, we have spent $50 bil- are here today to provide public re- tion of family values than to go to the lion in the supplemental, $2 billion sources, $2 billion. By the way, this $2 families living in Astrodomes and Su- here, and then we will do more in hous- billion, we are authorizing the flood in- perdomes and other places, hardly ade- ing. And the gentleman from Ohio (Mr. surance program to borrow it. They are quate for a family to live in. Let us go NEY), who has been a great leader for going to borrow it from the Treasury. show our family values by doing what- us in the housing area, his committee. They will be borrowing it from the ever we can. We can never make people As we sit here today and stand here Treasury which will, of course, in turn whole in the situation, but let us try to today, in another part of this complex borrow it from the capital markets, alleviate their misery. a meeting is going on. The gentleman from the American people, from China, Well, again, we are borrowing $2 bil- from Ohio, to his credit, convened all and from everybody else who lends us lion today, and I am glad we are doing of the groups dealing with housing, money. That is the second point I want that because we need to get to their low-income advocates, public officials, to make. aid. But it is a very small part of what manufactured housing, homebuilders, As we now acknowledge after this we need to do. But I hope that this $2 people who finance housing. They are terrible disaster and an inadequate re- billion will not stay borrowed. This $2 giving us an important set of ideas sponse to the disaster, partly caused by billion, a very small piece of what we about how to respond. a failure to appreciate the importance need to do, underlines the importance Now, some of them can be done by of our coming together through gov- of our, let me put it this way. cutting red tape and by giving flexi- ernment to perform important func- We have, I think, a greater recogni- bility. They do not all cost money. But tions, we will be spending a great deal tion of the value of government than some of them cost money. You cannot of additional money. We are adding we used to. I have not heard anybody take people who have lost physical this $2 billion, I assume, to the deficit, today boast about how much they have homes and house them decently with- let us be clear. reduced government. Indeed, I have out money. So we have in every area

VerDate Aug 18 2005 00:23 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.031 H08SEPT1 H7762 CONGRESSIONAL RECORD — HOUSE September 8, 2005 virtually where the Federal Govern- want to alleviate this problem by exac- who has been one of the Members who ment is involved a need to spend more erbating others. We do not want people has not been willing to give up our re- money. The height of irresponsibility from this area to go and take housing sponsibility, and we will work to- would be, it seems to me, to join in this that is already scarce and knock other gether. insistence on spending more money and people out or knock other people’s Mr. OXLEY. Mr. Speaker, I rise today in to refuse to address the revenue prob- schools out or compete for scarce Med- support of H.R. 3669, a bill that would tempo- lems of the government. icaid dollars. rarily increase the borrowing authority of the How can you be in favor of spending We need to increase what we are Federal Emergency Management Agency’s hundreds of billions perhaps, certainly doing. We need to do a better job of National Flood Insurance Program. well over a hundred billion extra in ad- preparing for this in the future. This This bill was introduced by my friend and dition to everything else we have been will take, we all agree, a very large colleague from Ohio, Mr. NEY, in response to spending, but say, oh, and by the way amount of money. It may be fun to the terrible destruction that has resulted from let us cut some more revenue from the spend the money, or at least it is pop- Hurricane Katrina. Communities across the government. Let us leave the govern- ular. It would not be morally appro- Gulf Coast from Louisiana, Mississippi, and ment less able to do this. And under- priate to spend all this money and to Alabama have been wiped out. Massive num- stand that people said, well, it will be take credit for spending the money bers of people are virtual refugees in their own a deficit and we can live with a deficit. without going back and undoing some country. And though it will take weeks to de- This absence of resources puts a con- of the tax reductions so that some of termine the full extent of this tragedy, it is like- straint on spending. Of course spending the wealthiest people in this country ly that thousands of our fellow citizens lost should not be wasteful. But it is clear, who have enjoyed great prosperity lose their lives. if you look, I have been here, we have a little of their tax breaks and contrib- For those who survive, the task has turned done these appropriations, and appro- uted so at the very least this addi- towards recovery. One of the first things many priations chairman after appropria- tional spending will not add to the def- will be thinking about is whether or not their tions chairman has come up and said, icit, will not be a burden for the future; homes and possessions will be covered by in- you know, I agree, we do not have and the fact that it is a deficit will not surance. enough money here. I wish we had be a constraint on our willingness to Though standard homeowners insurance more money for housing. I wish we had spend what is necessary. policies do not cover flood damage, many more money for transportation. I wish Mr. Speaker, I reserve the balance of residents of the areas affected by Katrina we could have done more for medical my time. were required to purchase flood insurance be- research. I wish we could have done Mr. NEY. Mr. Speaker, I yield myself cause their homes were located on a flood- more for environmental cleanup. But such time as I may consume. plain. As a result, FEMA’s National Flood In- given the budgets, that is all we could Mr. Speaker, again, I want to thank surance Program, NFIP, will soon begin the do. the gentleman from Massachusetts difficult task of assessing damages and paying In other words, the self-imposed re- (Mr. FRANK) for supporting this and the claims. striction has hurt us. Previously, it reforms that we have had. Let me also Under the National Flood Insurance Act of was maybe a philosophical debate. say something. The gentleman men- 1968, FEMA has the authority to borrow up to Today, it is a moral necessity. It sim- tioned about what is going on in the $1.5 billion from the Treasury in order to pay ply is not, it seems to me, morally ac- rest of the complex. And we are hear- flood claims. FEMA has exercised its bor- ceptable, it is not in consonance with ing things and looking at a bigger pic- rowing privileges in the past and has always family values to continue to deprive ture in some long-term eyes, but also repaid the Treasury in full. This $1.5 billion will ourselves of the resources we need to some short-term eyes. And I think as be used to ensure that the program has suffi- meet these needs. And so I support this we go down this path, just to go off of cient funding on a cash basis in the short two billion, and I will support many this bill for a second because we are term. Clearly, this will not be enough. billions more, tens of billions more. talking about money today and we are H.R. 3669 will allow the National Flood In- But I will also support changing some going to spend two billion more, but as surance Program to borrow an additional $2 of the policies of the past. we also go down this path in the near billion, if necessary, to make payments on ini- The wealthiest people in this coun- weeks to come, I think that the Con- tial claims while the full extent of the damage try, people who make more than gress is going to have to put its finger- is assessed. This borrowing authority is tem- $500,000 a year in income, I think it is prints, and we are going to work to- porary. Like all other such funds requested by reasonable for us to say to them, you gether, but it is going to have to put the NFIP from Treasury, this money will be know, over the past few years, your its fingerprints on some things. paid back in full once the NFIP has had time taxes have been reduced and you have You just take the current system and to recover from the hurricane. profited. The time has come for us to you throw some money into it and you In the meantime, the Financial Services undo some of those tax breaks. Leave say here is another X amount of billion Committee will continue our oversight of the in place everything up to $500,000, if dollars, and we do not consider the NFIP and work to address any changes that that is what you want to do. I would human need, basic need right now for may be necessary in light of Katrina. We in change it even further. But at the very housing, for transitional housing, to do the Congress have put in a great deal of work least can we not say that people’s in- something about the shelters, the gen- over the past several years to ensure the via- comes above $500,000 should no longer tlewoman from California (Ms. WA- bility of the program, culminating in the get the tax reduction they got? None of TERS) mentioned that today in the Bunning-Bereuter-Blumenauer Flood Insur- them will be hurting. None of them meeting. But we are going to have to ance Reform Act of 2004. This Act expanded will be competing for space in the shel- put our fingerprints on some of it. the use of mitigation grants and requires ters. None of them will need any recon- We just cannot let it be up to the homeowners to participate in flood mitigation struction of their homes. And if we do standard system of here is the money, programs to prevent frequent flood losses. We not do that, no matter how much we and the government agency will then are now faced with a situation that will surely say, oh, we do not care, we will just add decide what it is going to do. Yes, there test the NFIP’s ability to quickly verify policies, it to the deficit. We do not care. We are certain monies they can do that. assess damages, and pay claims. I look for- will care because nobody is so irrespon- There is also going to be certain things ward to working with my colleagues on the sible as to totally disregard that deficit that we are going to have to take a Committee, particularly Mr. NEY and Mr. impact. good look at and be able to think out- BAKER, to ensure that Americans continue to And so if we are going to be true to side the box for a situation that is very have access to affordable and effective flood what we have been saying we want to dramatic for people, and it is going to insurance. do, if we are true to our own moral pro- have to be done soon. I urge my colleagues to join me in assisting fession, then we have two obligations, Mr. Speaker, I yield back the balance Hurricane Katrina victims by supporting final one, sensibly, thoughtfully, not waste- of my time. passage of H.R. 3669. fully, to spend the resources it is going Mr. FRANK of Massachusetts. Mr. Mr. FRANK of Massachusetts. Mr. to take to deal with this problem. And Speaker, I look forward to continuing Speaker, I yield back the balance of by the way, let us be clear. We do not to work with the gentleman from Ohio my time.

VerDate Aug 18 2005 00:23 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.034 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7763 The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Pursu- grant aid under title IV of the Higher RYAN of Wisconsin). The question is on ant to the rule, the gentleman from Education Act. Some examples of the the motion offered by the gentleman Louisiana (Mr. BOUSTANY) and the gen- types of programs protected under this from Ohio (Mr. NEY) that the House tleman from Michigan (Mr. KILDEE) bill would be TRIO, GEAR UP, and the suspend the rules and pass the bill, each will control 20 minutes. Supplemental Educational Opportunity H.R. 3669. The Chair recognizes the gentleman grants. The question was taken. from Louisiana (Mr. BOUSTANY). Mr. Speaker, this bill is but one The SPEAKER pro tempore. In the GENERAL LEAVE small step in what will be a com- opinion of the Chair, two-thirds of Mr. BOUSTANY. Mr. Speaker, I ask prehensive, long-term relief effort. those present have voted in the affirm- unanimous consent that all Members However, for many students and fami- ative. may have 5 legislative days within lies this bill will provide critical relief Mr. FRANK of Massachusetts. Mr. which to revise and extend their re- as they work to rebuild their homes Speaker, on that I demand the yeas marks and include extraneous material and lives and, ultimately, as they do and nays. on H.R. 3668. return to higher education in the fu- The yeas and nays were ordered. The SPEAKER pro tempore. Is there ture. The SPEAKER pro tempore. Pursu- objection to the request of the gen- Mr. Speaker, I urge my colleagues to ant to clause 8 of rule XX and the tleman from Louisiana? join me in support of this bill. Chair’s prior announcement, further There was no objection. Mr. Speaker, I reserve the balance of proceedings on this motion will be Mr. BOUSTANY. Mr. Speaker, I yield my time. postponed. myself such time as I may consume. Mr. KILDEE. Mr. Speaker, I yield Mr. Speaker, I rise in support of this f myself such time as I may consume. bill to provide additional relief to stu- Mr. Speaker, yesterday I supported GENERAL LEAVE dents whose higher education plans the Keller bill to offer relief to Pell Mr. NEY. Mr. Speaker, I ask unani- have been put on hold as a result of the grant recipients affected by natural mous consent that all Members may devastation caused by Hurricane disasters. I rise today to support the have 5 legislative days within which to Katrina. Jindal bill to offer relief to those bene- revise and extend their remarks and in- Yesterday, the House unanimously fiting from other Title IV grant pro- clude extraneous material on H.R. 3669, approved a bill to ensure that students grams like TRIO, LEAP and HEP/ the bill just considered. who were forced to withdraw from col- CAMP. The SPEAKER pro tempore. Is there lege because of a natural disaster are It is vital that grant recipients af- objection to the request of the gen- not forced to repay Pell grant aid. I fected by this tragedy be spared the tleman from Ohio? think that bill will provide critical re- further hardship of repaying a grant There was no objection. lief to students who are already facing they were never able to benefit from. f tremendous hardships as a result of This bill represents a good first step this tragedy. and I am pleased to be a cosponsor. STUDENT GRANT HURRICANE AND I am pleased today to be taking the DISASTER RELIEF ACT There is no question that we need to next critical step by providing this reassess what students and families Mr. BOUSTANY. Mr. Speaker, I move type of flexibility and protection for can actually pay for college after the to suspend the rules and pass the bill students receiving all types of grant disaster, since many have lost jobs, (H.R. 3668) to provide the Secretary of aid under title IV of the Higher Edu- homes, resources and valuables. In ad- Education with waiver authority for cation Act. dition, we must also address the needs students who are eligible for Federal b 1230 of student borrowers stuck paying student grant assistance who are ad- We need to provide the Secretary of loans despite job loss, lost income, and versely affected by a major disaster. other financial hardship. The Clerk read as follows: Education the utmost flexibility to meet the needs of students who have The 100,000 low- and middle-income H.R. 3668 lost their homes and communities, and students who depend on loans will feel Be it enacted by the Senate and House of Rep- that is exactly what this bill will do. the financial crunch of Katrina. Fur- resentatives of the United States of America in thermore, we must address the needs of Congress assembled, Each year millions of American students gain access to higher education students with parents in the affected SECTION 1. SHORT TITLE. area, but who are attending schools in This Act may be cited as the ‘‘Student with the help of Federal student aid. Grant Hurricane and Disaster Relief Act’’. The Federal Government is providing other parts of the country. Thousands SEC. 2. WAIVERS OF STUDENT GRANT ASSIST- more than $73 billion in direct finan- of affected students and graduates will ANCE REPAYMENT BY STUDENTS AF- cial aid to students for fiscal year 2005 be unable to make payments on their FECTED BY DISASTERS. in order to ensure college access for Stafford or Perkins loans. Section 484B(b)(2) of the Higher Education students from all walks of life. I am Currently, Mr. Speaker, students in Act of 1965 (20 U.S.C. 1091b(b)(2)) is amended proud of our tremendous investment in repayment who are suffering from eco- by adding at the end the following new sub- nomic hardship can seek deferment, paragraph: higher education. but we must cut the red tape by allow- ‘‘(E) WAIVERS OF GRANT ASSISTANCE REPAY- Unfortunately, the tragic events of MENT BY STUDENTS AFFECTED BY DISASTERS.— the scope like that which we are seeing ing any student impacted by a natural In addition to the waivers authorized by sub- on the Gulf Coast were not anticipated disaster to receive an automatic paragraph (D), the Secretary may waive the in the structure of the Federal student deferment of both the accumulation of amounts that students are required to return aid programs. The Department of Edu- interest and the payments. under this section with respect to any other cation lacks the flexibility to waive The Miller/Kildee Katrina College grant assistance under this title if the with- student aid repayment requirements Relief Act does just that. This change drawals on which the returns are based are for students who are forced to with- would save the average borrower much withdrawals by students— over the life of their loan. ‘‘(i) who were residing in, employed in, or draw from higher education as a result attending an institution of higher education of a natural disaster. Graduates already struggling to dig that is located in an area in which the Presi- Waiver authority does exist within themselves out of their student loan dent has declared that a major disaster ex- student loan programs, and yesterday debt must not be penalized because of ists, in accordance with section 401 of the we provided similar flexibility within this tragedy. Enrolled students who are Robert T. Stafford Disaster Relief and Emer- the Pell grant program. Today, we are currently receiving Federal aid had gency Assistance Act (42 U.S.C. 5170); addressing the remaining discrepancy their financial aid package calculated ‘‘(ii) whose attendance was interrupted be- for other types of student financial aid based on their expected family con- cause of the impact of the disaster on the tributions, the so-called EFC, which in- student or the institution; and that play a critical role in providing ‘‘(iii) whose withdrawal ended within the college access to low- and middle-includes parent contributions and con- academic year during which the designation come students. tributions of working students. With occurred or during the next succeeding aca- The bill will protect students from hundreds of thousands unemployed, in- demic year.’’. being forced to repay other types of cluding the one in five undergraduates

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.036 H08SEPT1 H7764 CONGRESSIONAL RECORD — HOUSE September 8, 2005 who were working more than 30 hours a have now found it necessary to with- times of catastrophe caused by natural week to support themselves, the cal- draw from college due to the impact disasters. This authority is important. culated expected family contribution the storm has had on their homes, job, It allows the Secretary of Education may no longer be realistic. and families. Indeed, many universities to ensure that our Nation’s neediest The Miller/Kildee Katrina College in the city of New Orleans are still students are not put in a worse finan- Relief Act allows these students to struggling to figure out how or wheth- cial situation where they are forced to have their EFC student aid packages er they are going to resume classes in withdraw from a natural disaster. readjusted to reflect the financial the fall. Not every institution has de- In a previous position, I actually changes the family may have suffered. cided to offer fall classes. So not only served as the President of the Univer- Affected families have limited re- are families displaced, not only are sity of Louisiana, the University of sources to aid their recovery. many families without their homes, Louisiana system. In that system was The little that they do have needs to their possessions, many universities Delgado Community College. Delgado go toward rebuilding their homes and and colleges have not yet figured out was located in one of the areas most se- lives, Mr. Speaker, but this should not how they are going to resume or when verely impacted, quite literally in the mean that their children should have they are going to resume their instruc- heart of New Orleans, most severely to put their education on the back tions. impacted by the rising waters, by the burner. Indeed, many of these institutions, hurricane. Mr. Speaker, I am pleased that the many of these administrators have not Also in my system was the South- majority leadership has decided to been able to go back and inspect their eastern University, Southeastern Lou- take up the issue of college students buildings, inspect the damage, to even isiana University, another university impacted by this tragedy. Yet, com- know what is left. The records, the located in a region that was hit fairly prehensive relief is necessary for all buildings, the facilities, many of them hard. To their credit, the faculty, the students with the financial hardship. are still unreachable and still inacces- president, the staff have been focused While I support these efforts and sible. on rescue and recovery efforts. South- commend the majority for doing this, I Under current law, the Higher Edu- eastern has opened up its dorms to hope Congress will soon consider a cation Act and our Federal financial house those that had nowhere else to more comprehensive package like the aid regulations require the schools de- go. They are working with students to Miller/Kildee Katrina College Relief termine whether students need to re- welcome them back to campus, some- Act. An extraordinary catastrophe, and fund a portion of the Federal aid they times allowing them to bring their this indeed is extraordinary, demands receive in the case of a withdrawal. Our families who are otherwise homeless, an extraordinary solution. With over current regulations certainly did not allowing them to bend the rules to 100,000 students from many institutions anticipate I think this kind of catas- meet human needs. displaced, Congress must do more. trophe. I think we as a body have an obliga- Mr. Speaker, I reserve the balance of The rationale behind the bill we have tion to do the same thing. Instead of my time. crafted, my bill, was to do it narrowly just sticking to the red tape, sticking Mr. BOUSTANY. Mr. Speaker, I yield and responsibly to protect low-income to the rules, we have an obligation to 5 minutes to the gentleman from Lou- students who are forced to withdraw be flexible, to be responsive, to help isiana (Mr. JINDAL). from school because of a federally de- these neediest students in their time of Mr. JINDAL. Mr. Speaker, I want to clared natural disaster. My bill would need. thank the gentleman from Louisiana grant the Secretary of Education the I am proud of the chairman. I am (Mr. BOUSTANY) and the gentleman waiver authority for purposes of the re- proud of the different cosponsors. I cer- from Ohio (Mr. BOEHNER) for allowing turn of title IV formula funds in the tainly hope that this passes later today this bill to move so quickly and their case of a natural disaster in case that with a unanimous vote from this body time today. natural disaster adversely impacts to send a strong bipartisan message An awful thing happened in my dis- title IV grant and scholarship recipi- that we want to help students in need; trict and an awful thing happened in ents and forces them to withdraw from we do not want them to be victims Louisiana, in Mississippi, and in Ala- their institution of higher education. again. They have suffered through a bama. The people of my district, the Yesterday, I was proud of this House hurricane. They have suffered through people of my State, the people of the for passing the Keller bill that grants a flood. They have suffered enough. Let Gulf Coast have been hit not once but similar waiver authority for the return us not make them victims a fourth three different times. Many of them of Pell grant funds also in the case of time. that survived the original Hurricane a natural disaster. This bill goes a step Mr. KILDEE. Mr. Speaker, I com- Katrina were then hit by the rising further. That is a great first step. This mend the gentleman from Louisiana flood waters due to a levee that broke, bill builds on that bill. This bill allows (Mr. JINDAL) for his bill and I look for- a levee that is actually located within us to go a step further and provides ward to working with him on even my district and just a few miles from waiver authority for additional schol- broader relief. my home. arship and grant funds under title IV. Mr. Speaker, I yield 3 minutes to the Many people that survived the rising What do I mean by that? This in- gentleman from Illinois (Mr. DAVIS). flood waters were then victimized a cludes funds like TRIO scholarships, Mr. DAVIS of Illinois. Mr. Speaker, I third time by the awful acts of a small GEAR UP money, Byrd Scholarships, thank the gentleman from Michigan number of looters, of people commit- LEAP funds. This bill, in essence, gives (Mr. KILDEE) for yielding me time. I ting violence, and also a lack of basic the Secretary of Education the ability also want to commend the gentleman food, shelter and medicines. We, as a to exercise the waiver authority in the from Louisiana (Mr. JINDAL) for his in- body, owe it to these people to make event of a natural disaster declared by troduction of this bill, which allows sure they are not victimized yet again, the President. It is the same authority the Secretary of Education to waive a fourth time. that exists for the student loan pro- grant and scholarships awarded under That is why I am so proud to be able gram. This waiver authority also exists title IV of the Higher Education Act to sponsor this legislation with so currently for institutions of higher for students forced to withdraw from many co-sponsors. That is why I am so education; similar waiver authority ex- classes due to a natural disaster. proud of my chairman, of the gen- ists for institutions of higher education By applying to title IV, the bill tleman from Louisiana (Mr. that are adversely impacted by natural grants relief to students in the greatest BOUSTANY), and the others that have disasters. need of financial support in assessing seen and understood the potentially However, even though there is waiver higher education. It also covers stu- devastating impact this hurricane authority for loans, even though there dents receiving Pell grants, TRIO might have on thousands of students is waiver authority for the institu- scholarships, Supplemental Edu- and their families. tions, there is currently no authority cational Opportunities grants, GEAR Many students attending colleges for the Secretary of Education to work UP grants, Byrd scholarships and and universities when the hurricane hit with the Nation’s neediest students in LEAP funds.

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.039 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7765 Without action, these students would devastation caused by the hurricane, providing deferment of 6 months for face incredible financial hardship be- and that is why we are taking action student borrowers, those additional cause they would be responsible for re- today. steps I think would be very important. paying funds at a time of incredible I want to thank the gentleman from I particularly commend to this body economic and personal difficulty. With- Louisiana (Mr. JINDAL) for introducing the legislation that is offered by the out action, we would be erecting bar- this bill to provide additional flexi- gentleman from Michigan (Mr. KILDEE) riers in their pursuit of their edu- bility for students struggling to cope and the gentleman from California (Mr. cation. with this unprecedented natural dis- GEORGE MILLER) and others of us, and I We need to promote education in aster. The bill complements the meas- hope that those provisions can be every way that we can. And I also sup- ure offered yesterday by the gentleman added. port this bill as a first step to helping from Florida (Mr. KELLER) to protect I nevertheless want to strongly sup- students overcome the barriers to edu- students forced to withdraw from high- port what the gentleman from Lou- cation imposed by the horrific storm. er education as a result of a natural isiana (Mr. JINDAL) has done. It will In addition, I strongly encourage my disaster. help many students who are disrupted, colleagues to take additional steps to This bill will give the Secretary of whose education would otherwise be ease the educational burdens of Education a new flexibility to waive disrupted by these activities. Katrina. The Miller/Kildee Katrina Col- burdensome requirements on students Mr. BOUSTANY. Mr. Speaker, I re- lege Relief Act also grants, and I think impacted by this or other natural dis- serve the balance of my time. it gives us an opportunity to go even asters. The bill would ensure students Mr. KILDEE. Mr. Speaker, I yield 4 further, 6-month deferments to stu- forced to withdraw from higher edu- minutes to the gentlewoman from dents, and directs the Secretary to re- cation because of natural disaster Texas (Ms. JACKSON-LEE). Ms. JACKSON-LEE of Texas. Mr. calculate the expected family income would not be forced to repay their Fed- Speaker, I thank the distinguished gen- that they could contribute to college in eral student grant aid, alleviating what tleman from Michigan for the time. I light of the catastrophe. These are ex- could be a major burden for students might want to take a moment just to cellent provisions that would greatly already coping with this disaster. say that I cannot thank the gentleman assist the hundreds of thousands of stu- This type of waiver authority that we granted yesterday and then again from Michigan (Mr. KILDEE) enough for dents and families struggling after his commitment to education. today already exists for the student Katrina. I thank my good friend from Lou- loan programs and is being provided Again, I want to commend the gen- isiana. It looks like we meet again, tleman from Louisiana (Mr. BOUSTANY) yesterday by the gentleman from Flor- trying to improve the lives of so many for his introduction of this legislation. ida’s (Mr. KELLER) bill for Pell grants that I know that you wish we in Texas I also want to commend the gentleman and then today by the gentleman from were not housing, but we thank you so from Ohio (Mr. BOEHNER), the chair- Louisiana’s (Mr. JINDAL) bill that very much for sharing some of the very man of the Committee on Education would allow the Secretary waiver au- best people that we have ever had an and the Workforce and the ranking thority for those who may receive opportunity to meet. member, the gentleman from Cali- grant programs and scholarship pro- I want to say that particularly be- fornia (Mr. GEORGE MILLER), for the ex- grams such as GEAR UP, TRIO, and cause this legislation is the kind of leg- peditious manner in which the Com- Supplemental Educational Opportunity islation that I believe should be on the mittee on Education and the Workforce Grants. floor every single day as we move to- has addressed the educational needs of As we assess the damage in the weeks ward Thanksgiving. Just imagine what students who have been affected by and months ahead, we will be working life will be like for these survivors. Katrina. with our leadership and our colleagues Thanksgiving, the Christmas holiday, It is a good bill. I support it. across the aisle to provide additional religious holidays that are coming, and Mr. BOUSTANY. Mr. Speaker, I yield resources and additional flexibility to literally the town of New Orleans, Bi- such time as he may consume to the the communities impacted by this loxi, and places in Alabama have been distinguished gentleman from Ohio tragedy to make sure that all the re- obliterated by this horrific tragedy. (Mr. BOEHNER), the chairman of the sources of the Federal Government are Many of us have spoken to the issues Committee on Education and the available to help each and every Amer- of an inquiry that we support to find Workforce. ican that has been affected. out what happened and when. Many of Mr. BOEHNER. Mr. Speaker, let me So, once again, I want to thank the us have spoken about issues dealing thank my colleague from Louisiana gentleman from Louisiana (Mr. with first responders and why and when (Mr. BOUSTANY) for yielding me time. JINDAL), the bill’s sponsor, for his work and how they could have performed. I rise in strong support of this bill to and urge my colleagues to support the Many of us have discussed FEMA and provide additional relief to the victims bill today. discussed the idea of the impact of the of Hurricane Katrina who have been Mr. KILDEE. Mr. Speaker, I yield 2 military, but all of us are committed forced to withdraw from institutions of minutes to the gentleman from New to the lives of the victims, those who higher education as they work to re- Jersey (Mr. HOLT). live, those who have survived; and each build their homes and their commu- Mr. HOLT. Mr. Speaker, I thank my step of the way we must move expedi- nity. friend from Michigan for the time. tiously to make them the focal point of The tragedy that has befallen the As we look at repairs of levees and this business of this Congress. Gulf Coast region in the wake of Hurri- improving public health mechanisms We may disagree and my colleagues cane Katrina, the level of devastation and so forth, many Americans might will see us vigorously disagree on the and its impact on American families is not realize that there are other things performance of this government, truly staggering; and our prayers re- we must tend to. I applaud the gen- whether or not it collapsed, whether or main with the residents of that region tleman from Louisiana (Mr. JINDAL) for not we should apologize to the Amer- as well as those who are working on re- recognizing that we need to help those ican people; but today, we are going to lief and this recovery effort. who are in the midst of their edu- continue to stand here and unite cation. This legislation is a good first around a solution. b 1245 step on the floor. The Katrina College Relief Act is We are working closely with the De- I think that the legislation offered by that solution. It helps the very colleges partment of Education to determine the gentleman from Michigan (Mr. KIL- that are impacted ultimately and the how we can best meet the needs of the DEE) and the gentleman from Cali- families. We know there are an array of children, families, teachers, and fornia (Mr. GEORGE MILLER) and others universities in the region. I know of schools that have been impacted by of us that deals with readjusting what two in particular that impact my com- this tragedy. We have identified an im- families are expected to pay for college munity, Dillard and Southern Univer- mediate need for action to assist stu- for the current term and making it sity in New Orleans. We are finding dents pursuing higher education who more than optional for a university to that my university, one of my univer- are forced to withdraw because of the recalculate families contributions and sities, Texas Southern University, will

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.041 H08SEPT1 H7766 CONGRESSIONAL RECORD — HOUSE September 8, 2005 be taking in students. The University Mr. BOUSTANY. I yield to the gen- lowing title in which concurrence of of Houston will be taking in Tulane tlewoman from Texas. the House is requested: students, and others are finding their Ms. JACKSON-LEE of Texas. Mr. S. 1634. An act to allow United States way across our cities and States across Speaker, I ask to be added as a sponsor courts to conduct business during emergency America. of this legislation, and I have to ask conditions, and for other purposes. So giving the Secretary of Education before the gentleman finally closes it f authority to waive the amounts of stu- out, as a cosponsor. dent grants such as Pell and TRIO will Mr. BOUSTANY. Yes. TANF EMERGENCY RESPONSE AND be vital in terms of students who have Ms. JACKSON-LEE of Texas. I thank RECOVERY ACT OF 2005 to withdraw from school. Directing the the gentleman for yielding. Mr. THOMAS. Mr. Speaker, I move to Secretary of Education to immediately Mrs. MCCARTHY. Mr. Speaker, I support suspend the rules and pass the bill readjust how much these families are this bill. (H.R. 3672) to provide assistance to expected to pay will be vital toward Hurricane Katrina has devastated children, families affected by Hurricane Katrina, continuing a child’s education. Pro- parents, teachers and schools from all over viding student borrowers who live in through the program of block grants to our country. States for temporary assistance for the affected areas with 6 months of The school year has just started, and now deferment is vital for the survival of needy families, as amended. thousands upon thousands of students have The Clerk read as follows: these families. been displaced. Might I say that I hope we will come Those which are lucky enough to have been H.R. 3672 to the floor again dealing with the able to begin school in other locations are still Be it enacted by the Senate and House of Rep- under-21 age group. We know that dealing with the turmoil of being uprooted not resentatives of the United States of America in Congress assembled, there are thousands of children in the only from their homes but also their commu- SECTION 1. SHORT TITLE. Texas area, in the Houston area under nity, friends, and classmates. the age of 15. We have visited in those This Act may be cited as the ‘‘TANF Emer- The instability of their situations must be in- gency Response and Recovery Act of 2005’’. respective shelters, late into the night, credibly difficult and painful to deal with. visiting with families, with babies as SEC. 2. ADVANCE PAYMENT OF TANF BLOCK Education is one of the most important GRANTS FOR THE FIRST QUARTER young as 1 month old, children who are things we can provide our students with, and OF FISCAL YEAR 2006. 9 and 10, 13, 14, and 15, who are now liv- it is so important to take care of our young (a) IN GENERAL.—Notwithstanding section ing their lives in temporary housing people in this horrible time. 405 of the Social Security Act, the Secretary and/or in shelters. Yesterday we passed a bill which would of Health and Human Services shall pay each There has to be a focus, possibly of a provide a waiver for Pell Grants. grant payable under section 403 of such Act one-time grant, for the enormous im- Today we are going to pass a bill which will for the first quarter of fiscal year 2006, as pact on the children of this region, on soon as practicable after the date of the en- waive other Title IV requirements to other pro- actment of this Act. the children of America. grams such as TRIO, Academic Achievement So this first step dealing with the (b) EXTENSION OF THE TEMPORARY ASSIST- Incentive Scholarship, Child Care Access Katrina College Relief Act, and I ap- ANCE FOR NEEDY FAMILIES BLOCK GRANT PRO- Means Parents in School (CAMPIS), Supple- GRAM THROUGH DECEMBER 31, 2005.— plaud the sponsors of this legislation, mental Educational Opportunity Grants (1) IN GENERAL.—Activities authorized by leaders of this legislation, is just one (SEOG), Leveraging Educational Assistance part A of title IV of the Social Security Act, statement that we are focused on Partnership (LEAP/SLEAP), High School and by section 1108(b) of such Act, shall con- America’s children and America’s fu- Equivalency Program (HEP), College Assist- tinue through December 31, 2005, in the man- ture and that, in fact, those located in ner authorized for fiscal year 2005, and out of ance Migrant Program (CAMP), and the Rob- Louisiana, Mississippi, and Alabama any money in the Treasury of the United ert Byrd Scholarship Program. and the impact regions have our atten- States not otherwise appropriated, there are These are good first starts, but in the com- tion. We will not only address the ques- hereby appropriated such sums as may be ing days we need to do even more. necessary for such purpose. Grants and pay- tions of education but we will also fix Mr. BOUSTANY. Mr. Speaker, I yield ments may be made pursuant to this author- the provisions that will allow us to di- back the balance of my time. ity through the first quarter of fiscal year rectly pay those victims so they can The SPEAKER pro tempore (Mr. 2006 at the level provided for such activities get housing under FEMA and Housing RYAN of Wisconsin). The question is on through the first quarter of fiscal year 2005. and Urban Development. the motion offered by the gentleman (2) CONFORMING AMENDMENTS.— This is a good start. It is a plus direc- (A) SUPPLEMENTAL GRANTS FOR POPULATION from Louisiana (Mr. BOUSTANY) that tion for us to take. It is a unifying di- INCREASES IN CERTAIN STATES.—Section the House suspend the rules and pass rection for us to take; but Mr. Speaker, 403(a)(3)(H)(ii) of the Social Security Act (42 the bill, H.R. 3668. we have many miles to travel, and I U.S.C. 603(a)(3)(H)(ii)) is amended by striking The question was taken. ‘‘September 30’’ and inserting ‘‘December would like to be able to offer ulti- The SPEAKER pro tempore. In the 31’’. mately legislation dealing with the opinion of the Chair, two-thirds of (B) CONTINGENCY FUND.—Section children who have been impacted by those present have voted in the affirm- 403(b)(3)(C)(ii) of such Act (42 U.S.C. Katrina. ative. 603(b)(3)(C)(ii)) is amended by striking ‘‘2005’’ Mr. BOUSTANY. Mr. Speaker, I re- and inserting ‘‘2006’’. Mr. KILDEE. Mr. Speaker, on that I serve the balance of my time. (C) MAINTENANCE OF EFFORT.—Section Mr. KILDEE. Mr. Speaker, I yield demand the yeas and nays. 409(a)(7) of such Act (42 U.S.C. 609(a)(7)) is myself such time as I may consume. The yeas and nays were ordered. amended— First of all, I appreciate very much The SPEAKER pro tempore. Pursu- (i) in subparagraph (A), by striking ‘‘or the very expeditious way in which the ant to clause 8 of rule XX and the 2006’’ and inserting ‘‘2006, or 2007’’; and majority has approached this problem Chair’s prior announcement, further (ii) in subparagraph (B)(ii), by striking ‘‘2005’’ and inserting ‘‘2006’’. and look forward to working with them proceedings on this motion will be postponed. (c) EXTENSION OF THE NATIONAL RANDOM to seek an even more comprehensive SAMPLE STUDY OF CHILD WELFARE AND CHILD way. f WELFARE WAIVER AUTHORITY THROUGH DE- Mr. Speaker, I have no further re- MESSAGE FROM THE SENATE CEMBER 31, 2005.—Activities authorized by quests for time, and I yield back the sections 429A and 1130(a) of the Social Secu- balance of my time. A message from the Senate by Ms. rity Act shall continue through December 31, Mr. BOUSTANY. Mr. Speaker, I yield Curtis, one of its clerks, announced 2005, in the manner authorized for fiscal year myself such time as I may consume. that the Senate has passed without 2005, and out of any money in the Treasury I thank the gentleman from Michi- amendment a bill of the House of the of the United States not otherwise appro- gan for his cooperation in this. This following title: priated, there are hereby appropriated such sums as may be necessary for such purpose. H.R. 3650. An act to follow United States bill represents a small, but certain, Grants and payments may be made pursuant courts to conduct business during emergency step toward comprehensive recovery; to this authority through the first quarter of conditions, and for other purposes. and I urge its passage. fiscal year 2006 at the level provided for such Ms. JACKSON-LEE of Texas. Mr. The message also announced that the activities through the first quarter of fiscal Speaker, will the gentleman yield? Senate has passed a bill of the fol- year 2005.

VerDate Aug 18 2005 01:04 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.043 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7767 SEC. 3. REIMBURSEMENT OF STATES FOR TANF SEC. 6. WORK REQUIREMENTS AND TIME LIMITS viding assistance, and we are going to BENEFITS PROVIDED TO ASSIST UNDER TANF PROGRAM NOT TRIG- hold States harmless for costs incurred FAMILIES FROM OTHER STATES AF- GERED BY RECEIPT OF TEMPORARY FECTED BY HURRICANE KATRINA. TANF BENEFITS BY FAMILIES AF- to immediately assist evacuees. (a) ELIGIBILITY FOR PAYMENTS FROM THE FECTED BY HURRICANE KATRINA. There are additional funds that are CONTINGENCY FUND.—Beginning with the Benefits provided on a short-term, non- unused, and we make sure we maximize date of the enactment of this Act and ending recurring basis under a State program fund- the flexibility available to States for with August 31, 2006, a State shall be consid- ed under part A of title IV of the Social Se- providing assistance to families im- ered a needy State for purposes of section curity Act, during the period that begins pacted by the hurricane. 403(b) of the Social Security Act if— with the date of the enactment of this Act (1) cash benefits under the State program and ends with the end of fiscal year 2006, to b 1300 funded under part A of title IV of the Social meet a subsistence need of a family resulting In addition to that, although there Security Act have been provided on a short- from Hurricane Katrina shall not be consid- are specific rules for receiving the term, nonrecurring basis, to a family ered assistance for purposes of sections 407 funds, we want to make sure that dur- and 408(a)(7) of the Social Security Act. which— ing this assistance period that those (A) has resided in another State that in- SEC. 7. WAIVER OF TANF PENALTIES IN HURRI- CANE-DAMAGED STATES. rules do not become a barrier and that cludes an area for which a major disaster has we will waive program rules for hurri- been declared under the Robert T. Stafford The Secretary of Health and Human Serv- Disaster Relief and Emergency Assistance ices shall not impose a penalty on any of the cane victims receiving the short-term Act (42 U.S.C. 5121 et seq.) as a result of Hur- States of Louisiana, Mississippi, or Alabama TANF assistance. ricane Katrina; and under any of paragraphs (2) through (6), or (8) Especially, for those States who do (B) has travelled (not necessarily directly) through (14) of section 409(a) of the Social provide various supports, we want to to the State from such other State as a re- Security Act with respect to a failure to make sure that where there may have sult of the hurricane; and comply with a provision of part A of title IV been penalties triggered by decisions (2) the State has determined that the fam- of such Act during the period that begins made, those certainly would not be ap- ily is not receiving cash benefits from any with the date of the enactment of this Act plicable either. program funded under such part of any other and ends with the end of fiscal year 2006, if We believe that with expeditious State. the Secretary determines that the failure resulted from Hurricane Katrina or reasonable movement by the Senate and not ex- (b) LIMITATION ON FUNDING.—Subject to tended debate on what we do or do not section 403(b)(3)(C)(i) of the Social Security conduct of the State in addressing needs of victims of Hurricane Katrina. do, this will free up literally billions of Act, the total amount paid under section dollars available to assist those people 403(b)(3)(A) of such Act to a State which is a SEC. 8. EMERGENCY DESIGNATION. needy State for purposes of section 403(b) of Each amount provided in this Act (other directly affected by the hurricane and such Act by reason of subsection (a) of this than in section 2) is designated as an emer- those States and others who are assist- section shall not exceed the total amount of gency requirement pursuant to section 402 of ing them with funds otherwise unavail- cash benefits provided as described in sub- H. Con. Res. 95 (109th Congress). able to them. section (a)(1) of this section, to the extent The SPEAKER pro tempore. Pursu- As I said, this is the first step. We that the condition of subsection (a)(2) of this ant to the rule, the gentleman from will look at the recovery and the re- section has been met with respect to the California (Mr. THOMAS) and the gen- construction phases, which will entail families involved. tleman from Washington (Mr. a more detailed examination of the Tax (c) NO STATE MATCH REQUIRED.—Sections MCDERMOTT) each will control 20 min- Code and assistance in a timely 403(b)(6) and 409(a)(10) of the Social Security fashion. Act shall not apply with respect to a pay- utes. The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of ment made to a State by reason of this sec- my time. tion. from California (Mr. THOMAS). Mr. THOMAS. Mr. Speaker, I yield Mr. MCDERMOTT. Mr. Speaker, I SEC. 4. AVAILABILITY OF ADDITIONAL TANF yield myself such time as I may con- FUNDS FOR HURRICANE-DAMAGED myself such time as I may consume. STATES. Mr. Speaker, I want to thank the sume. Mr. Speaker, let me set the stage of (a) CERTAIN STATES MADE ELIGIBLE FOR gentleman from Louisiana (Mr. this discussion. When it comes to Hur- LOANS.—Beginning with the date of the en- MCCRERY) and the gentleman from ricane Katrina, its impact and after- actment of this Act and ending with the end Louisiana (Mr. JEFFERSON), the com- math, especially on the poor, disadvan- of fiscal year 2006: mittee members of the Committee on taged and the children, our most vul- (1) The States of Louisiana, Mississippi, Ways and Means who are obviously and Alabama shall be considered loan-eligi- nerable population, let me sum it up. ble States for purposes of section 406 of the dealing with that very difficult situa- We do not know what we do not know. Social Security Act. tion in their districts, for their input Before us today is the TANF Emer- (2) Notwithstanding section 406(d) of the on this emergency legislation. gency Response and Recovery Act. It is Social Security Act, the cumulative dollar This is the first response from the a marker, modest at best, meant to amount of all loans made to such a State Committee on Ways and Means, and it buy some time. I hope that is what it under such section by reason of this section is designed to deal with immediate re- shall not exceed 20 percent of the State fam- is. lief. We will have additional pieces of We certainly stand with Representa- ily assistance grant payable to the State legislation that we will work with our under section 403 of such Act for fiscal year tives MCCRERY and JEFFERSON, two 2006. colleagues on the other side of the aisle friends and colleagues who are at (b) FORGIVENESS OF LOANS.—Notwith- dealing with recovery and reconstruc- ground zero at this tragedy. We want standing section 406 of the Social Security tion, and these will come in a timely to be as helpful as possible. I know that Act, a penalty may not be imposed against fashion over the next several weeks. Mr. JEFFERSON is working on a com- any of the States of Louisiana, Mississippi, The reason we want to move this leg- prehensive program for what is nec- or Alabama for failure to— islation as quickly as we can is because essary in his district, and I think that (1) repay a loan made to the State under it will provide immediate payment of will come forward as we go down the such section on or after the date of the en- TANF’s funds. We have included the road a little bit. actment of this Act and before October 1, extension of TANF to the first quarter 2007; or It is going to be overwhelming, but in (2) make any interest payment on such a of 2006, which immediately frees up $4.2 the process, we cannot act like we have loan. billion in flexible funds to assist those done enough. The American people SEC. 5. AVAILABILITY OF UNSPENT TANF FUNDS families affected by the hurricane. In have had their fill of that kind of false TO PROVIDE BENEFITS AND SERV- addition, it makes additional TANF rhetoric since this tragedy first roared ICES TO SUPPORT NEEDY FAMILIES funds available to the States dev- on shore. As ranking member of the AFFECTED BY HURRICANE KATRINA. astated by the hurricane. We have a de Human Resources Subcommittee, as a A State or tribe may use a grant made to facto contingency fund, and we have a medical doctor and child psychiatrist, the State or tribe under part A of title IV of loan fund. This turns the loan fund let me say we had better use the pre- the Social Security Act for any fiscal year to provide, without fiscal year limitation, any into, in essence, a contingency fund to cious few months we are buying today benefit or service that may be provided provide even additional money. to find out what we do not know and under the State or tribal program funded Also, we do not want anyone worried then address the real needs of real peo- under such part to support needy families af- about costs that are incurred as States ple. Band-Aids alone will not heal this fected by Hurricane Katrina. adjacent to the disaster areas are pro- wound.

VerDate Aug 18 2005 01:04 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.010 H08SEPT1 H7768 CONGRESSIONAL RECORD — HOUSE September 8, 2005 We have more questions than an- are located. Does anyone think we need be national programs that reach the swers, and we must act actively and another bureaucracy for that? entire country. aggressively to find out what we need Early estimates from the Congres- We do not know where the next trag- to comfort the afflicted, heal the sick sional Budget Office tell us that a half edy will be, but for us to stand here and and mend the tattered bodies and million workers will likely qualify for figure we are going to make these little minds. unemployment compensation as a re- minor adjustments here today, and we First, we ought to add the word sult of the hurricane. The Federal pro- are going to vote for it, we will all be ‘‘temporary’’ to the title of this legis- gram was short-sighted and under- for this, but there is a lot more work lation. Here is why. funded before. What will we tell these that needs to be done out there. The legislation extends TANF, Tem- people when their benefits run out, Mr. Speaker, I reserve the balance of porary Aid for Needy Families, for 3 their communities have been washed my time. months. The 7th of December, it goes away, what, go look for a job? Mr. THOMAS. Mr. Speaker, I yield away. We are not sure we will even This is not a time to wash away the myself such time as I may consume, have a complete casualty count in the Federal response. Benefits should be and I want to first of all take a deep next 90 days. there as long as they need to be, pe- breath before I begin addressing that This bill increases TANF funding for riod. How long is that? The answer to diatribe. Louisiana, Mississippi and Alabama by that is how long it will take to raise The gentleman well knows that Med- 20 percent in the next fiscal year. The and restore these communities. Within icaid is a program within the Com- truth is, we do not know what the real 6 weeks, something like 11,000 people mittee on Energy and Commerce, that cost will be, and 20 percent may well are due to lose their unemployment it is not within our jurisdiction, and we become the proverbial drop in the benefits. Let us not compound last obviously are working with other com- bucket. week’s disastrous Federal response by mittees. This is a time when people and local ignoring another human disaster which The gentleman also knows that the governments expect leadership out of we know is on the horizon. Those 11,000 program that he just denigrated was the Congress. Arbitrarily increasing people are out there right now getting signed into law by President Clinton, funding by 20 percent had better be a their last check in the near future. and the vote in this House was more bi- sign of our initial commitment, not a Mr. Speaker, we do not know what partisan than the vote on Medicare in cap on our already inadequate leader- we do not know, but there is something 1965. In addition, we have an unemploy- ship. we had better face up to. The poor, the ment law that has been on the books We are going to completely reim- disadvantaged, and children deserve an since FDR that provides the 26 weeks. burse neighboring States that provide America of equal measure to the rest of Mr. Speaker, I said in my opening short-term TANF assistance. Not only the population. statement that this was the first, im- is that the least we can do, we should For 10 years, the burden of care and mediate response and we will have ad- not tell States in this legislation that compassion has been shifted away from ditional legislation addressing unem- the meter is running and will run out the Federal Government by the Repub- ployment. And the extension of unem- in 3 months. What about Arkansas, all lican majority who wanted to create an ployment is obviously going to be in the people that went up there? There is ownership society by disowning those the next piece of legislation. no mention in here about them. We do who needed us most. Programs like I do want to urge my colleague from not need any more confusion and TANF and a host of other Federal pro- Washington to join me at lunch so that missed opportunities than we already grams that address human needs were he perhaps could have something other have. cut, blocked, and shifted by Repub- than sucking lemons for lunch prior to This legislation waives some TANF licans who believed it was someone coming to the floor to address this requirements and penalties. Let me ask else’s responsibility. House. everyone something: Who in the world For 10 years, the burden of care and I will also respond to his comment thinks this is the time to add more bu- compassion has been shifted from the about the fact that Arkansas is not reaucracy? We ought to be waiving Federal Government by the Republican mentioned. In the legislation on page 4, every requirement and penalty for the majority who wanted to create an own- line 14, it says ‘‘a State,’’ and it defines indefinite future. We do not even know ership society by disowning those who any State that responds to the needs. where the people are yet; this aid bill need it most. And is owning something It does not name State by State. If in could end up hurting, not helping, peo- more valuable than going to work fact the circumstances are provided, ple who need America more than ever. every day and playing by the rules? given the facts, then that State re- We ought to add another word to this For 10 years, we have aimed to shift ceives the programmatic changes that legislation, ‘‘incomplete.’’ the lifeline for all Americans on the we are offering in this legislation. There may be as many as 10,000 foster local institutions. Therefore, today I do appreciate the gentleman’s last kids somewhere in the disaster region. there are different TANF and unem- sentence in which he said he plans to Words like ‘‘displaced,’’ ‘‘abandoned,’’ ployment and foster care programs in vote for the legislation. and ‘‘alone’’ come to mind, and that each one of the 50 States and they pro- Mr. Speaker, I yield 3 minutes to the ought to mobilize the conscience of the vide varying levels of support that are gentleman from California (Mr. Nation. We do not know if these kids too often inadequate. HERGER), the chairman of the Sub- are safe, we do not know where they I heard from the gentleman from Ar- committee on Human Resources of the are, and we do not know if they are kansas (Mr. BERRY) that children Committee on Ways and Means. getting the services they need. We do brought from Louisiana wind up in Ar- Mr. HERGER. Mr. Speaker, I rise in know they have witnessed unspeakable kansas needing health care because strong support of H.R. 3672. First, let horrors. they were in an institution down there, me echo the sentiments of so many of As a child psychiatrist, I know some- and Medicaid in Louisiana says we will my colleagues that have already been thing about what these children are not pay for them when they are in Ar- expressed here today to the victims of going through. kansas. So a Congressman has to inter- this terrible tragedy. Please know that We ought to have a separate piece of cede on the basis that he has to move our thoughts and prayers are with all legislation before us that focuses on the bureaucracy in the middle of this of you. You will continue to be in our these children. They will need grief mess. That is what you get when you prayers as you work to recover from counseling. They will need food, shel- get 50 programs, all different. the devastation this hurricane has ter, clothing and love. They will need America’s poor should be entitled to wrought and to rebuild your commu- guardians, and we do not even know support no matter where they go in nities. We hope the steps we take here today where they are. this country. They are an American. today will provide a measure of help in The sad fact is that the current child They are not a Mississippian or an that incredibly trying process. welfare program dramatically limits Alabaman or a Louisianan. They are This legislation is designed to assist services, including mental health, that Americans, and we have got to get States provide for the immediate fi- these children can receive once they back to the principle that these should nancial needs of thousands of families

VerDate Aug 18 2005 01:04 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.050 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7769 affected by Hurricane Katrina. I am done prior to now. For example, this this area would be very helpful, and it honored to support this bipartisan bill will be the 11th temporary extension of would certainly be in the great tradi- introduced by my colleagues, the gen- the TANF program. We should have re- tion of this country. tleman from Louisiana (Mr. MCCRERY) authorized the TANF program well be- Mr. MCDERMOTT. Mr. Speaker, I and the gentleman from Louisiana (Mr. fore this day. We talked about a 20 per- yield 2 minutes to the gentleman from JEFFERSON). Unfortunately, the gen- cent increase in funding in certain Massachusetts (Mr. NEAL). tleman from Louisiana (Mr. MCCRERY) States. Well, just the cost-of-living Mr. NEAL of Massachusetts. Mr. cannot be with us here today since he changes since when this bill was first Speaker, I thank the gentleman from is in Louisiana with the Vice Presi- enacted in 1996 would have eaten up Washington for yielding me time. dent, helping coordinate the ongoing that amount. We should have adjusted Mr. Speaker, I am pleased to stand in response to the hurricane. the amounts well before this, not just support of this legislation for Tem- The purpose of this legislation is sim- for the affected States but for all the porary Assistance to Needy Families, ple: to clear any obstacles that stand States in this Nation. indeed, the neediest families. in the way of quickly getting money I am pleased to hear the chairman of We are witnessing right now how the into the hands of the hurricane vic- the Committee on Ways and Means in- national principle in America plays tims. The legislation before us now ad- dicate that there will be other legisla- out. If there is an earthquake in Cali- dresses the needs of families who either tion, because I agree with the gen- fornia, the rest of the American family have been on welfare or might need to tleman that the unemployment insur- comes to the assistance of those in go on welfare as a result of the hurri- ance issues, with 11,000 people running need. If there is a hurricane in the gulf, cane. It ensures that States have the close to the exhaustion of benefits, the rest of the American family helps resources to help them, and it removes need to be addressed; and I look for- those in need. If there is a blizzard in the bureaucratic obstacles that might ward to working with the chairman so New England, the rest of the American otherwise stand in the way. we can deal with the unemployment in- family comes to their assistance. In terms of funding, this bill imme- surance, which was not necessarily an- In fact, this legislation makes good diately makes available more than $4 ticipated except by this storm. initial progress in adjusting the TANF billion in Federal welfare funds which Let me say in regards to the foster program to the needs of families af- States would otherwise have to wait care children, which are also under the fected by Hurricane Katrina. But it until October to access. So States have jurisdiction of our committee, foster does not get us all the way there, and that money to spend now when so children are our responsibility. They we know that. It does make a respect- many families are in need in the re- are now being scattered to many able first step. gion. States around the Nation. We have a It provides a 3-month extension of It provides additional Federal funds responsibility to make it easier for TANF funding for the entire country for the hard-hit States of Louisiana, these foster children to be cared for and allows States to receive advanced Mississippi, and Alabama, and it reim- during this period. I say to the chair- payments. It also includes a provision burses other States for the cost of pro- man, I hope we will be able to work on to increase fiscal year 2006 funds for viding emergency benefits to the many a bill related to foster care. Louisiana, Mississippi, and Alabama by families that have left the States di- Let me lastly mention child care, be- 20 percent. It alleviates some of the rectly in the path of the hurricane. cause there are not going to be enough strain on neighboring States. Let me To ensure families can focus on get- funds available to our States to take say a good word about those citizens ting their lives back together and care of the increased needs for child across the country who have reacted so States can focus on providing imme- care in our communities. I hope our favorably to those in need in other diate help, this legislation also waives committee will also deal with that States. It also provides an opportunity program rules that might otherwise tie issue. to extend in the future a discussion at States’ hands in providing for the im- Mr. THOMAS. Mr. Speaker, I am least about the whole notion of unem- mediate needs of affected families. pleased to yield 2 minutes to the gen- ployment benefits. I think that is Mr. Speaker, these changes provide tleman from Florida (Mr. SHAW), a sen- going to be terribly important as well. more State flexibility in meeting the ior member of the Committee on Ways More broadly, we are going to have needs of families, including for basic and Means and the chairman of the to examine the safety net programs to cash assistance right away. And as Subcommittee on Trade. make sure they are poised to catch the communities start to get back on their Mr. SHAW. Mr. Speaker, I thank the families before they fall even more, es- feet, this flexibility can and should be gentleman for yielding me time. pecially in the areas of unemployment used to help parents find and keep new Mr. Speaker, I want to bring to the benefits, child care assistance, and fos- jobs to support their families. attention of the body an example that ter care. This bill, while silent on those Mr. Speaker, I urge the House to sup- I think is citing a very fine example in issues, I know will be addressed in com- port this important legislation. my own congressional district. In the ing days and weeks. city of Palm Beach Gardens, they are Let me say something else as well. b 1315 putting out feelers in order to hire peo- The reason we should have kept the Mr. MCDERMOTT. Mr. Speaker, I ple out of these shelters, hire people surplus we had as a cushion was for yield 2 minutes to the gentleman from out of the stricken areas, to bring into three reasons: international conflict, in Maryland (Mr. CARDIN). the city of Palm Beach Gardens, hire which we are engaged in two wars; a Mr. CARDIN. Mr. Speaker, let me them and give them meaningful jobs. devastating natural disaster like this thank the gentleman from Washington This is something that I think we hurricane; and what is surely going to (Mr. MCDERMOTT) for yielding me this should be looking at all across the be the need in the near future to help time. country. those families who find themselves in a Mr. Speaker, when you have under- These poor people in the stricken horrific situation through no fault of funded programs that have too many areas of the hurricane are going to go their own. That is the reason the sur- mandates on the States to use the home to find there are no jobs to go plus should have been maintained. funds with too many restrictions, what home to. There are going to be business That is the reason there should have ends up is that people who are vulner- failures, small businesses. People are been a cushion that was kept, rather able, who are at risk are the most like- going to be losing property to mort- than what we will do now by going off ly to get hurt by these underfunded gages because of the loss of income. budget for many proposals down the programs. Hurricane Katrina showed So this is something where I think road. us in graphic detail the people who we can bring these stories back to our So we all stand in support of our were victimized because we did not own hometowns all across this Nation, friends and family members in this adequately fund programs and govern- that there is a huge pool of talent out stricken area of the country. It does, as ment. there which is just going to be idle. I indicated a moment ago, highlight I support this legislation, but much They are not going to have jobs, and I the national principle that makes of what is in here should have been think that some recruiting going into America special.

VerDate Aug 18 2005 01:04 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.053 H08SEPT1 H7770 CONGRESSIONAL RECORD — HOUSE September 8, 2005 Mr. THOMAS. Mr. Speaker, it is my Mr. Speaker, I thank the gentleman gion of the country. This legislation pleasure to yield 3 minutes to the gen- for this good piece of legislation, and I immediately releases $4.2 billion in tlewoman from Connecticut (Mrs. urge my colleagues to support it. TANF funds for payments to all States, JOHNSON), a senior member of the Com- Mr. MCDERMOTT. Mr. Speaker, I funds which would not normally be mittee on Ways and Means and the yield 2 minutes to the gentlewoman available until the first quarter of fis- chairman of the Subcommittee on from California (Ms. WOOLSEY). cal year 2006. Health. Ms. WOOLSEY. Mr. Speaker, I want The legislation waives current spend- Mrs. JOHNSON of Connecticut. Mr. to express my sorrow for the tragedy ing restrictions for all States when del- Speaker, I thank the chairman for that has struck the people of Lou- egating unspent prior-year TANF yielding me time. I want to congratu- isiana, Mississippi, and Alabama; but I funds. This means that the States af- late the gentleman from California also want to express my sorrow that we fected by the hurricane and the States (Mr. THOMAS) of the Committee on are not learning from this tragedy. lending a helping hand will have the Ways and Means and also the sub- Have we not seen firsthand this week flexibility to spend their funds on what committee chairman, the gentleman just how much help is needed for the they need at this particular time. from California (Mr. HERGER) for bring- most vulnerable people in our Nation? States will also have access to $2 bil- ing a very important bill to the floor We are seeing it as they are victims of lion in TANF contingency funds so very promptly. Katrina: the elderly, the disabled, the that they can provide emergency cash In spite of the comments of my poor, particularly children. Of course, assistance to evacuees. friend, the gentleman from Washington we must do everything we can to help We are also providing that the af- (Mr. MCDERMOTT), the ranking member overcome the challenges in the short fected areas would be available to of this subcommittee, TANF has re- term. But we must also address the adapt by waiving the work require- duced poverty among minority chil- long-term needs of the most vulnerable ments and time limits for hurricane dren in America more than any pro- in this Nation. victims receiving short-term TANF as- gram ever adopted by Congress. It has This bill is short term. I will support sistance. By waiving these program been an enormous success in helping it, but it leaves so very much undone. rules, families will be able to focus on families get into the workforce, raise Of course, we need to give States im- rebuilding their lives. their incomes, and reduce the poverty mediate access to funds, funds that We recognize that the number one level among children in our country. they otherwise would not have received priority for the families devastated by So now to open TANF for those fami- until October 1. We need to provide this hurricane is to make sure that lies devastated, devastated, by this emergency funds for Louisiana, Mis- their families are safe, that they have natural disaster, is extremely impor- sissippi, and Alabama; and we need to even the basic necessities of life. The tant, because these are families now, reimburse other States for emergency number one priority for us in Congress like so many of our own children, liv- cash assistance that they are providing is to provide the necessary relief to ing paycheck to paycheck, who have no for evacuees. This bill does those make this happen, and this legislation paycheck and no assets. And that is to- things. moves that process forward. day’s problem. By bringing them im- But there are many things it does not Mr. MCDERMOTT. Mr. Speaker, I mediately into TANF, they can get a do. For example, it does not address yield 2 minutes to the gentleman from paycheck. They can get cash assist- the pressing needs of children in foster New Orleans, Louisiana (Mr. JEFFER- ance. care, the unemployed and parents who SON). But, better than that, though noth- need child care, and it does not address Mr. JEFFERSON. Mr. Speaker, I ing is better than that when you have child care needs that are even more thank the gentleman for yielding me no cash and you have a bunch of kids, critical than ever for parents of young time, and I thank the chairman and but equally important is that it brings children, parents who are trying to find the members of our committee who them into a system that is set up, that jobs. have brought this legislation forward. is structured, that is skilled, that is As I said, I will support this bill, but 1330 dedicated, that has people in it that I am concerned that we are responding b know and understand it, who can help to Katrina with this bill, and others, Louisiana and New Orleans, in par- them with employment, who can help both literally and figuratively, by help- ticular, and the entire Gulf Coast re- them with day care vouchers, who can ing the victims bail out the water, but gion face a horrific set of challenges. give them transportation vouchers, not fixing the holes in the infrastruc- They can all only be met by extraor- who know what it takes to help a fam- ture that lets the water in. We need to dinary action by this House and by its ily get on its feet economically. And do both, Mr. Speaker. Members. The compassion that Mem- that is the challenge they face. Mr. THOMAS. Mr. Speaker, it is my bers have shown, the prayers that have So this is a very important compo- pleasure to yield 2 minutes to the gen- been extended, the helping hands nent of responding to the immediate tleman from Pennsylvania (Mr. across the country have been abso- needs of the families wiped out by this ENGLISH), a member of the Committee lutely unheard of before; and the level unprecedented, devastating hurricane. on Ways and Means. of support that we are getting in New Mr. Speaker, I am delighted that we Mr. ENGLISH of Pennsylvania. Mr. Orleans we are thankful for. are doing this right now. We are going Speaker, I want to thank the chairman This TANF program is going to pro- to hold the States who open their for bringing to the floor so promptly vide some flexibility that we need now TANF system to refugees harmless to this very important stop-gap legisla- to help reach the needs of our people the costs. We will be able to fund that tion. for cash assistance and for other assist- from the contingency fund we have al- Mr. Speaker, I rise in strong support ance, for the flexibility that we will ready put in place. We will be able to of the TANF Emergency Response and need to take care of our evacuees and do this, meet immediate needs, and Recovery Act. This legislation provides some of the areas and families that help those families to respond to oppor- immediate critical assistance to the have been so devastated by the hurri- tunities like the gentleman from Flor- families who have been gravely facing cane. ida (Mr. SHAW) just mentioned. the overwhelming hardships in the But as the President said, and as I This is exactly what we need right aftermath of the worst natural disaster think we all know, this effort, while it now. We cannot see the whole problem in our history. The States which have is good and while it is necessary and yet; and it would be irresponsible to do been affected under this bill would see while it is timely, is a down payment anything but use the resources already a 20 percent boost in TANF funds of what we have to do here because the at our disposal, resources that are ex- through 2006. This is an increase of $83 devastation has been so extensive. perienced, savvy, and directly meet the million for Louisiana, Mississippi, and So everything now that we do we needs for both cash assistance and op- Alabama. As a Pennsylvanian, I think must think outside of the ordinary. We portunity for these families to rebuild that is only fair. must think outside of the usual set of their lives and receive the services In the last few days we have seen an issues we face in disasters, and we they need. outpouring of support from every re- must think differently, more deeply,

VerDate Aug 18 2005 02:11 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.054 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7771 more broadly, more innovatively, and we stepped forward to meet the needs from doing what they believe is best more compassionately than we ever of those who are the neediest among for all of the victims that have suffered have before to make these programs us. This legislation, H.R. 3672, the as a result of Hurricane Katrina. work for people who are living lives TANF Emergency Response and Recov- I hope that we are able to work in a they never thought they would have to ery Act of 2005, gives the States, States bipartisan fashion to move forward leg- face, people displaced from home, hav- like my home State of Arizona, where islation which will address the needs of ing no connection to their home place we see people reaching out to their fel- people who are unemployed today, they at all. The psychological trauma, the low citizens, the flexibility needed to were unemployed before the hurricane, mental stress that they are under, get benefits into the hands of these and now will suffer even more difficult apart from the disconnection from who have suffered from the hurricane times trying to find work, along with families, all of these are matters which so that those needy families can get those who have now been displaced as a are deeply distressing and disturbing back on their feet without long delays result of the hurricane. and unusual. because the State might fear it would I hope that we will deal with the fact So I thank the Congress for taking not be reimbursed for the funds spent. that there are many legal immigrants the steps it is taking today. I thank We have put in place, or we will put in this country on their way to becom- Members on this side. I thank the Re- in place, with this legislation even ing citizens who, under the current publicans on the other side. I thank all, greater flexibility so that we step for- law, would be constrained from being without regard to party, for stepping ward on a greater magnitude to take able to be assisted by these TANF dol- up to work on this matter today. And the actions that the people of our Na- lars unless we provide the States with I look forward to all of us remaining tion demand as a compassionate soci- flexibility to do so. engaged on these issues so that we can ety. This legislation puts the funds for- Everyone is a victim regardless of find a way to really address the needs ward, has the flexibility there, and the their color, regardless of where they of people, many of whom were very dis- accountability necessary. came from. If they were there, they are advantaged starting out and of course Is this an imperfect world? Yes. Has a victim. And I hope that this Congress are simply disadvantaged beyond all it been the goal of our Founders and can move quickly not just to do what belief now. now our generation to form a more per- is needed now but into the future. So I thank them for what they are fect Union? Yes. Will this legislation Mr. THOMAS. Mr. Speaker, I reserve doing. We look forward to it, and I help those who need the help? Yes. the balance of my time. hope all will understand that we will Support this important legislation. Mr. MCDERMOTT. Mr. Speaker, I have to come forward with a full recov- Mr. MCDERMOTT. Mr. Speaker, I yield 1 minute to the gentlewoman ery plan for our area that I hope this yield 1 minute to the gentlewoman from California (Ms. WATERS). Congress will embrace. from Ohio (Mrs. JONES). Ms. WATERS. Mr. Speaker, I would Mr. THOMAS. Mr. Speaker, I yield 3 Mrs. JONES of Ohio. Mr. Speaker, I like to thank the Committee on Ways minutes to the gentleman from Ari- rise in support of this legislation, but I and Means and all of those who helped zona (Mr. HAYWORTH), member of the would beg our committee to also give to move this bill to the floor. This is Committee on Ways and Means. flexibility to the States for people who very important, but it is but a begin- (Mr. HAYWORTH asked and was are not victims of the hurricane. And ning by our government in an attempt given permission to revise and extend let me tell them why. to meet the needs of this awesome dis- his remarks.) Mr. HAYWORTH. Mr. Speaker, this I come from the State of Ohio where aster. More must be done, and I am morning’s Arizona Republic carries en- the city of Cleveland was deemed the hopeful that everybody understands couraging news amidst the horrific city with the highest poverty rate in that we have got to keep working. challenges encountered by the col- the Nation, and the State of Ohio has I have traveled to these shelters in league who preceded me on the floor $1.14 billion left in their TANF fund as Baton Rouge, Lafayette, Alexandria, and so many fellow Americans. It is a surplus. There is something wrong Opelousas, and New Iberia; and I ran the story of Doyle Smith and family. here if we have the largest city with into many of these welfare recipients, Doyle has six children, and yesterday the highest poverty rate in a State who, of course, as the Members know, he walked through and was given the with all this money. There is either live day to day and did not have money keys to a five-bedroom home donated something wrong with the administra- at the end of the month oftentimes, rent free to his family for the next 6 tion by the Republican-led Governor’s and they are really frightened. They do months. He says, ‘‘This is going to be office or the stringencies of the re- not know what is going to happen to the beginning of a beautiful start. It quirements do not allow them to be them. And this will help. This will help really is.’’ And his 6-year-old daughter, flexible enough to take care of the with some cash assistance. Annalyce, walked from room to room poorest people in the State of Ohio. But I want the Members to know saying, ‘‘I love it. I haven’t been in a I am for helping all the people who there are a lot of other questions about big house like this.’’ are victims of the hurricane, but this is what is going to happen to them, for Mr. Speaker, America has never en- a clear example of how poverty in the example, those who would be rolling off countered a natural disaster as big as United States runs rampant and there welfare because they are at the fifth this, but what has been reaffirmed is money there to help them, but some- year. That is not addressed here. Some from coast to coast is that Americans body is not using it right. other things are not addressed. have big hearts and Americans step up Mr. THOMAS. Mr. Speaker, I reserve Again, I am very grateful for this. I to help other Americans. That has been the balance of my time. am going to support it. But I will cer- demonstrated by the people of the Mr. MCDERMOTT. Mr. Speaker, I tainly be here helping to provide an- Fifth Congressional District of Arizona yield 1 minute to the gentleman from other voice to say that there is more who have called me personally, who California (Mr. BECERRA). that must be done. Mr. Speaker, as we have called our district office, who Mr. BECERRA. Mr. Speaker, I thank do this, let us all remember that they have called our Washington office say- the gentleman for yielding me this are in these shelters. Some people are ing, How can I help? I want to step for- time. living with 5,000 other people. We have ward. And it happened also to an Ari- Mr. Speaker, this is a much needed got to get them out, welfare recipients zona couple, Jeff and Marie Whiting, piece of legislation; so let us pass this and other people who are there. This who had purchased a guest house, saw bill and then move on to the more work is awesome, but we can do it. a need, and decided to donate this pressing question of how to craft a Mr. THOMAS. Mr. Speaker, I reserve house rent free to the Smith family. long-term solution as part of a full re- the balance of my time. This is what Marie says: ‘‘We are actu- covery plan for all those affected in the Mr. MCDERMOTT. Mr. Speaker, I ally making a difference. If we reach gulf States. We need to do more to try yield myself the balance of my time. across America and touch each other’s to provide flexibility to the States so Mr. Speaker, the chairman seems to hands, we can meet needs.’’ they can use these funds quickly, but think that if somebody is upset by this, Mr. Speaker, as representatives of at the same time we have to make sure they ate lemons for lunch. My belief is Americans here in the people’s House, that we are not hampering these States when we are dealing with the problems

VerDate Aug 18 2005 01:04 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.057 H08SEPT1 H7772 CONGRESSIONAL RECORD — HOUSE September 8, 2005 in the three States with the lowest un- knows for certain that that will not this Congress will undertake over the coming employment insurance rates, the three happen, that as we are assisting those weeks and months to address the needs of all lowest TANF rates, with a city that individuals who have had a very tragic those impacted by the tragedy. had 38 percent of the children living in occurrence, we are laying the ground- Once again, I thank Mr. MCCRERY for his poverty when this started, we are deal- work for the possibility that we have work and I urge my colleagues to join me in ing with a problem which we should to repeat this more than once. support of this bill. have dealt with long ago. I want to thank those colleagues who Mr. LARSON of Connecticut. Mr. Speaker, I This Band-Aid today is nothing more will help us move this expeditiously rise in support of H.R. 3672, the TANF Emer- than that. There should be a com- and in advance of the assistance on ad- gency Response and Recovery Act. This bill is prehensive dealing with this issue, and ditional legislation dealing with more a modest first step towards assisting the we should be all ashamed of the fact fundamental revisions in the Tax Code states so severely effected by Hurricane that that situation exists in this part and extensions of various deadlines. I Katrina and the many poor and underserved of the country. thank them for their cooperation, and Americans who rely on the Temporary Assist- The next issue we are going to have I look forward to producing additional ance for Needy Families program. to face, and I have not heard a single legislation that will be available for This bill will extend TANF in a number of person mention it, is the cost of gaso- my colleagues’ consideration. ways that will aid those in need along the Gulf line. If we can give food stamps to peo- Let me underscore, we need the other Coast and those states who have taken in the ple in this country, we ought to begin body to move immediately and not en- evacuees from this disaster. It will extend a gas stamp program so that poor peo- gage in attempts on this very first ef- TANF funding for the entire Nation for the next ple who have to drive to work can af- fort to expand and explore more funda- 3 months and allow States to receive advance ford to fill the tank and get there. mental changes in programs. So I plead payments. Additionally, it will increase TANF GENERAL LEAVE with my colleagues here and on the funding for Louisiana, Mississippi, and Ala- Mr. THOMAS. Mr. Speaker, I ask other side of the Capitol, we have had bama by 20 percent. It will also provide flexi- unanimous consent that all Members enough talk, let us show some action. bility to neighboring states for reporting re- may have 5 legislative days within Mr. BOEHNER. Mr. Speaker, I rise in sup- quirements and in using TANF contingency which to revise and extend their report of this bill, which would provide assist- funds and unspent prior year TANF funding for marks and include extraneous material ance to the victims of Hurricane Katrina whose assisting disaster evacuees. Finally, it waives on the subject of the bill we have under employment and training have been disrupted work requirements and time limits for hurri- consideration. as a result of this tragedy. cane victims in need of short-term assistance. The SPEAKER pro tempore (Mr. The level of devastation we are witnessing While this legislation is a good first step, its FORBES). Is there objection to the rein the Gulf Coast region is truly staggering. focus is short-sighted and fails to consider the quest of the gentleman from Cali- Our prayers are with the residents of the re- months and years that will be required to re- fornia? gion, as well as all those working on the relief turn the Gulf Coast to normalcy. It fails to ad- There was no objection. and recovery effort. All of our colleagues from dress the need for child care assistance for Mr. THOMAS. Mr. Speaker, I yield the region—including two of my own on the evacuees trying to find some form of employ- myself the balance of my time. Mr. Speaker, I will say for the third Education & the Workforce Committee, Mr. ment to support their families. There are likely time during this debate this is the first JINDAL and Mr. BOUSTANY, as well as Mr. to be thousands of children in need of foster piece of legislation 2 days after we MCCRERY, the author of the legislation we are care or family support services and this bill came back. We are responding with the considering today—should know our thoughts fails to address that need. It also does nothing maximum flexibility for money avail- are with them and their communities as well. for the roughly 11,000 jobless workers in the able on an immediate-relief basis. I commend the gentleman from Louisiana, Gulf Coast region who are within 6 weeks of Clearly over the next several weeks as Representative MCCRERY, for crafting this im- exhausting their regular unemployment bene- we examine the problems and are able portant legislation in short order. It will make fits. to write legislation responsive to those a world of difference for many families in the The haunting images we have seen on the problems, we will continue to bring region as they struggle to retain some sense news should be a wake up call to Congress legislation to the floor. of financial stability. that millions of Americans are still stuck in a I would urge my colleagues, as they In order to deliver the quickest possible eco- cycle of poverty. Just last week, the Census express their concern about what has nomic assistance to families in need across Bureau released data that showed income for not been done, that they should urge the country, the measure before us provides the typical American family fell by $1,670, 5.4 their colleagues on the other side of all States immediate access to their next quar- million more people slipped into poverty, and the Capitol not to engage in an ex- ter’s Temporary Aid to Needy Families (or 6 million more joined the ranks of the unin- change of legislation in which, on this TANF) funds. That means $4.2 billion in flexi- sured. These are the issues that should be at initial humanitarian relief provision, ble funds would be distributed to all States the top of our priority list in Congress. they want to try to outdo each other. right away, rather than waiting precious weeks We are taking a positive step today to help The most important thing is to get this until the start of the next quarter. This legisla- the victims of Hurricane Katrina in the next out of here and make it available as tion also would provide welcome relief for af- few months. However, we need to think long soon as possible. fected states in the form of a 20 percent TANF term about the cost and efforts needed to lift Over the next several weeks, we will increase for the coming fiscal year. up the people in the Gulf Coast. I hope to be working with those Members and on This bill also takes the prudent step of never see again the images of people too this committee, principally the gen- waiving work requirements and time limits for poor or too sick to evacuate their homes in tleman from Louisiana (Mr. MCCRERY) residents in need of short-term TANF benefits times of an emergency. Nor do I wish to see and the gentleman from Louisiana (Mr. as a result of the hurricane. Or primary con- a response so slow or inept that thousands JEFFERSON), who have already provided cern right now is ensuring that families in that lived in squalor for days. We should never for- invaluable assistance and who are very region can focus on putting their lives back to- get those images and that memory should supportive of this legislation, with ad- gether, as well as allowing States to focus on spur us to improve the TANF program to en- ditional legislation. I look forward to providing immediate assistance to those in sure that no American ever feels forgotten by working with colleagues on the other need. Scores of families in the Gulf Coast re- the United States Government and the people side of the aisle who are willing to gion have endured enough pain and worry al- it represents. come forward in constructive ways in ready, and this measure will provide them the Mr. THOMAS. Mr. Speaker, I yield making adjustments. peace of mind that these important benefits back the balance of my time. I do want to underscore the fact that will be available when they need it most—and The SPEAKER pro tempore (Mr. we are nearer to the beginning of the without added burdens when they need them FORBES). The question is on the motion hurricane season than we are the end least. offered by the gentleman from Cali- of the hurricane season. Mr. Speaker, we have made substantial fornia (Mr. THOMAS) that the House progress over the past week, both in the re- suspend the rules and pass the bill, b 1345 covery efforts in the South and in our own leg- H.R. 3672, as amended. No one wishes another hurricane to islative efforts here in Washington. This bill The question was taken; and (two- touch the United States, but no one marks another step in the long process that thirds having voted in favor thereof)

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.059 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7773 the rules were suspended and the bill, Katrina will be remembered as one of is more desperately needed in Lou- as amended, was passed. the most catastrophic natural disasters isiana than water purification equip- A motion to reconsider was laid on to ever hit our shores. At this point, it ment. They have also offered a cellular the table. would appear that thousands of vic- phone network which could have done f tims, perhaps tens of thousands, have much to ease the communications perished in our gulf coast region. Hun- challenges on the gulf coast. As of yes- EXPRESSING SINCERE GRATITUDE dreds of thousands have been displaced terday, these offered items remain in OF THE HOUSE OF REPRESENTA- without knowing where to go or how Sweden. TIVES TO FOREIGN ENTITIES they will reestablish a permanent resi- It took a week for our government to THAT HAVE OFFERED ASSIST- dence. Hundreds of thousands of jobs accept the offer of four Canadian res- ANCE AND SUPPORT TO THOSE and businesses have been lost. Infra- cue vessels. AFFECTED BY HURRICANE structure has been destroyed. It will A German communications company KATRINA take years to rebuild these areas that was willing to provide an integrated Mr. LEACH. Mr. Speaker, I move to were hit hardest by the hurricane. satellite and cellular phone system suspend the rules and agree to the reso- However, in spite of the dark hours that could handle 5,000 calls at once. lution (H. Res. 428) expressing the sin- which we witnessed during the storm The company waited for days for any cere gratitude of the House of Rep- and its immediate aftermath, the spirit response. This area is just one more example of resentatives to the foreign individuals, and will of the people most affected are the failures of executive agencies organizations, and governments that beginning to shine through as a result tasked with disaster relief in respond- have offered material assistance and of the support which they have re- ing to this, the greatest natural dis- other forms of support to those who ceived from the American people and from our friends and neighbors around aster ever to confront our Nation. have been affected by Hurricane It is simply shameful that FEMA did Katrina. the world. Nearly 100 countries have offered over $1 billion in monetary and not realize the scope of this disaster The Clerk read as follows: and failed to trigger its most signifi- other forms of tangible assistance. H. RES. 428 cant response until the end of the day Even Sri Lanka, horribly victimized by Whereas Hurricane Katrina struck the Gulf when the levees broke in New Orleans. the recent tsunami, has generously of- Coast of the United States with devastating It is simply shameful that there was fered assistance. Such gestures will not effect on August 29, 2005; not a way for FEMA to accept offers of Whereas the United States has a long his- be forgotten. As Americans, we have a long record assistance from our own military as tory of humanitarian response to other coun- well as citizen States across the Na- tries that have experienced disasters of simi- of providing humanitarian aid to many tion. It is simply shameful that the lar magnitude; countries around the world that have poor and the sick and the elderly were Whereas soon after the scope of the de- suffered from natural and other disas- left without supplies and protection struction became evident, assistance was of- ters, but we have never found ourselves from the marauding gangs that seeped fered by foreign individuals, organizations, in this type of situation before. The in and around New Orleans. and governments; and compassionate offers of assistance Whereas numerous messages of condolence I am sure that there is plenty of and support for the people of the United from our global friends are welcome, blame to go around in unraveling the States have been sent to the President and and as reflected in this resolution, we bureaucratic bungling that contributed Congress and to government authorities in accept them with heartfelt gratitude. to this unacceptable response, but one Mr. Speaker, I reserve the balance of the affected area: Now, therefore, be it thing, Mr. Speaker, is clear: FEMA’s Resolved, That the House of Representa- my time. leadership failed, and I call on its di- tives expresses its sincere gratitude to the Mr. LANTOS. Mr. Speaker, I yield foreign individuals, organizations, and gov- rector to resign today. myself such time as I may consume. Let us find a better way to accept of- ernments that have offered material assist- Mr. Speaker, I rise in strong support fers of assistance from our friends ance and other forms of support to those who of this legislation, and I urge all of my abroad, from our fellow citizens, and have been affected by Hurricane Katrina. colleagues to do so. SEC. 2. The Clerk of the House of Rep- The United States is the largest pro- from our own military. In order to address all these short- resentatives shall transmit enrolled copies of vider of humanitarian assistance in this resolution to the Secretary of State comings, I strongly urge the appoint- this world. Whether in the aftermath of with a request that the Secretary transmit ment of a truly independent bipartisan the copies to the foreign governments de- Hurricane Mitch or the devastation of commission made up of public figures scribed in this resolution. the Asian tsunami, the United States of distinction and integrity and experts The SPEAKER pro tempore. Pursu- and our military have been in the front on disaster relief to investigate the ant to the rule, the gentleman from lines of responding to the needs of failures that have cost the lives of so starving and destitute victims of na- Iowa (Mr. LEACH) and the gentleman many. An investigation launched by ture’s fury. It is only fitting, therefore, from California (Mr. LANTOS) each will the administration or dominated by control 20 minutes. Mr. Speaker, that when we face devas- one party will never be able to get to The Chair recognizes the gentleman tation from a deadly hurricane that the bottom of what went wrong. We overwhelmed our own disaster plans, from Iowa (Mr. LEACH). cannot afford such a flawed investiga- countries around the globe should re- GENERAL LEAVE tion. We need to get this right. spond to our own needs with offers of Mr. Speaker, I urge all of my col- Mr. LEACH. Mr. Speaker, I ask unan- assistance. imous consent that all Members may leagues to support this resolution. Let me join my colleagues on the Mr. BURTON of Indiana. Mr. Speaker, I have 5 legislative days within which to other side of the aisle in expressing our rise in strong support of House Resolution revise and extend their remarks and in- gratitude for these offers. 428, expressing the sincere gratitude of the clude extraneous material on the reso- I am not, however, satisfied with the House of Representatives to the foreign indi- lution under consideration. reception of these offers by some viduals, organizations, and governments that The SPEAKER pro tempore. Is there branches of our own government. I have offered material assistance and other objection to the request of the gen- want to commend Secretary Rice and forms of support to those who have been af- tleman from Iowa? the Department of State for making fected by Hurricane Katrina. To date, I under- There was no objection. significant and successful efforts to stand that some 95 countries have come for- Mr. LEACH. Mr. Speaker, I yield my- catalog these offers from abroad, but ward with offers of assistance. self such time as I may consume. we learned from press reports that the Bangladesh, one of the world’s poorest na- Mr. Speaker, today I rise to express Federal Emergency Management Agen- tions, offered $1 million in aid. the gratitude of the American people cy was unable to process them and to Thailand—still mourning its 8,000 missing for the tremendously generous offers of determine what would be of assistance and dead people after the tsunami—offered 60 support and expressions of condolences and what would not. Let me give my nurses and shipments of rice. that have poured in from around the colleagues an example. Israel, the largest recipient of U.S. foreign world to those who have been affected The Swedish Government has offered aid, is returning the favor by donating tents by Hurricane Katrina. water purification equipment. No item and first-aid kits.

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\K08SE7.061 H08SEPT1 H7774 CONGRESSIONAL RECORD — HOUSE September 8, 2005 Oil-wealthy nations, such as Kuwait, have that the House suspend the rules and and local officials, volunteers, and others offered over $500 million in oil and relief. agree to the resolution, H. Res. 428. who aided the innocent victims and, in so European nations, such as Spain, have fo- The question was taken. doing, bravely risked their own lives and cused on sending military and rescue gear. The SPEAKER pro tempore. In the long-term health; opinion of the Chair, two-thirds of (4) expresses thanks and gratitude to the Both Djibouti and Georgia, relatively smaller foreign leaders and citizens of all nations countries, have offered $50,000 each. those present have voted in the affirm- who have assisted and continue to stand in Sri Lanka, the small country off the coast of ative. solidarity with the United States against Africa and one that is about $600 million in Mr. LANTOS. Mr. Speaker, on that I terrorism in the aftermath of the September debt, offered $25,000 in cash. demand the yeas and nays. 11, 2001, terrorist attacks; There has been some criticism that we have The yeas and nays were ordered. (5) discourages, in the strongest possible been slow to accept the offers pouring in. The The SPEAKER pro tempore. Pursu- terms, any effort to confuse the Global War fact is that our greatest challenge has been to ant to clause 8 of rule XX and the on Terrorism with a war on any people or match the generous offers with the needs of Chair’s prior announcement, further any faith; (6) reaffirms its commitment to the Global the American people. The last thing we need proceedings on this motion will be War on Terrorism and to providing the is for someone to offer us assistance that postponed. United States Armed Forces with the re- can’t really be utilized. For example, Russia, f sources and support to wage it effectively made us offers and our State Department told RELATING TO THE TERRORIST AT- and safely; the Russians what we needed most urgently (7) vows that it will continue to take what- TACKS AGAINST THE UNITED ever actions necessary to identify, intercept, were MREs, (Meals-Ready-to-Eat), so they STATES ON SEPTEMBER 11, 2001 sent us MREs. We did the same thing with and disrupt terrorists and their activities; Germany. We took the MREs. Mr. LEACH. Mr. Speaker, I move to and (8) reaffirms that the American people will The first aid we took, because, as the Presi- suspend the rules and agree to the resolution (H. Res. 427) relating to the ter- never forget the sacrifices made on Sep- dent said, it was the easiest to manage was tember 11, 2001, and will never bow to ter- cash. And the cash donations came in and rorist attacks against the United rorist demands. States on September 11, 2001. quickly went out to Red Cross and others. The SPEAKER pro tempore. Pursu- The Clerk read as follows: As Chairman of the Western Hemisphere ant to the rule, the gentleman from H. RES. 427 Subcommittee, I would like to particularly ac- Iowa (Mr. LEACH) and the gentleman knowledge the outpouring of sympathy and Whereas on September 11, 2001, while from California (Mr. LANTOS) each will solidarity we have witnessed from our friends Americans were attending to their daily rou- control 20 minutes. and neighbors in Latin America. All the figures tines, terrorists hijacked four civilian air- The Chair recognizes the gentleman craft, crashing two of them into the towers are still being compiled but I’d like to highlight from Iowa (Mr. LEACH). a few examples, but by no means all exam- of the World Trade Center in New York City, and a third into the Pentagon outside Wash- GENERAL LEAVE ples of the support we have received from our ington, D.C., and a fourth was prevented Mr. LEACH. Mr. Speaker, I ask unan- friends in the Western Hemisphere. from also being used as a weapon against imous consent that all Members may Honduras has offered to send 135 flooding America by brave passengers who placed have 5 legislative days within which to and sanitation experts. their country above their own lives; revise and extend their remarks and in- Peru has offered to send a medical team of Whereas four years later the country conclude extraneous material on the reso- up to 100 members. tinues to, and shall forever, mourn the tragic loss of life at the hands of terrorist lution under consideration. A Mexican ship loaded with supplies set sail The SPEAKER pro tempore. Is there Monday from the Gulf Coast port of Tampico. attackers; Whereas by targeting symbols of American objection to the request of the gen- Venezuela has offered 1 million barrels of strength and success, these attacks clearly tleman from Iowa? gasoline, $5 million in cash and more than 50 were intended to assail the principles, val- There was no objection. tons of canned food and water. ues, and freedoms of the United States and Mr. LEACH. Mr. Speaker, I yield my- Even Cuba has offered to send 1,100 doc- the American people, intimidate the Nation, self such time as I may consume. tors, and; and weaken the national resolve; Mr. Speaker, our deliberations today The Organization of American States ap- Whereas four years after September 11, have focused, and rightly so, on the ca- proved the contribution of the maximum 2001, the United States is fighting a Global tastrophe that has befallen the people amount allowed under the statutes of the War on Terrorism to protect America and of the gulf coast and our efforts and, Inter-American Emergency Assistance Fund, her friends and allies; Whereas recent deadly attacks in London, indeed, the world’s efforts, to amelio- and the establishment of a specific fund for Madrid, and Sharm el-Sheik, Egypt, remind rate their situation. We should, how- the victims of Hurricane Katrina. all Americans that the forces of evil that at- ever, pause and take note of a somber These are just a few examples of the aid tacked the Nation four years ago remain anniversary, the fourth anniversary of being offered. What is most important to re- committed to terrorist attacks against free the attacks of September 11, 2001, member in this situation is not the actual peoples; which will occur this weekend. amount of aid offered, who offered what, and Whereas because of the skill and bravery of I appreciate the fact that the gen- who may have offered nothing; what is impor- the members of the United States Armed tleman from Illinois (Chairman HYDE) tant to remember, is the willingness of other Forces and due to the constant vigilance of and the gentleman from California our Nation’s first responders, the United nations, big and small, to come and give while States homeland has not been successfully (Ranking Member LANTOS) have we are vulnerable. It is important to appreciate attacked by terrorist forces during the four worked out a text to recognize this an- the principle behind the gift. years since September 11, 2001; and niversary which incorporated language In closing, I want to offer my personal Whereas while the passage of four years from the gentleman from California thanks to the entire international community has not softened the memory of the Amer- (Mr. DOOLITTLE), and that the House for their help, their thoughts and their prayers ican people, resolved their grief, or restored leadership has encouraged us to bring for the people of the United States who have lost loved ones, it has shown that Americans it to the floor in a timely manner. suffered and lost friends and loved ones in will not bow to terrorists: Now, therefore, be One year ago, we were involved in the it this terrible tragedy. The spirit of compas- Resolved, That the House of Representa- middle stages of the efforts to pass the sionate generosity and solidarity that we have tives— intelligence reform legislation rec- witnessed from the international community is (1) extends again its deepest sympathies to ommended by the 9/11 Commission. extremely comforting and gives me great hope the thousands of innocent victims of the Now we must oversee the implementa- for the future. September 11, 2001, terrorist attacks, their tion of that law and determine what Mr. LANTOS. Mr. Speaker, I yield families, friends, and loved ones; additional improvements to our gov- back the balance of my time. (2) honors the heroic actions and the sac- ernment’s structures or substantive Mr. LEACH. Mr. Speaker, I have no rifices of United States military and civilian policies need to be made. further requests for time, and I yield personnel and their families who have sac- The resolution before us recalls the rificed much, including their lives and back the balance of my time. health, in defense of their country in the the events of nearly 4 years ago, notes that The SPEAKER pro tempore. The Global War on Terrorism; the attacks were intended to assail our question is on the motion offered by (3) honors the heroic actions of first re- principles, values, and freedoms, and the gentleman from Iowa (Mr. LEACH) sponders, law enforcement personnel, State weaken our national resolve. It recalls

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.022 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7775 our worldwide efforts against terrorism all Americans agree on at least one lowing poem to the victims and sur- and notes that those who have at- broad goal: we must do all we can to vivors of the September 11, 2001 ter- tacked us in New York, at the Pen- assure that terrorists do not acquire rorist attacks. The poem was called tagon, and in the skies over Pennsyl- weapons of mass destruction, particu- ‘‘The Names,’’ and I would like to read vania have continued their efforts in larly nuclear weapons. As we know it: London, Madrid, and Sharm el-Sheik, from the events 4 years ago, they ‘‘I lay awake in the palm of the although they have thus far been pre- would not hesitate to use such horren- night. A soft rain stole in, unhelped by vented from successfully again car- dous weapons against us or against the any breeze, and when I saw the silver rying their fight to our homeland. innocent people of any other country glaze on the windows, I started with A, It is time to again extend our sym- on this globe. with Ackerman, as it happened, then pathies to the families and the victims, To prevent that unthinkable atroc- Baxter and Calabro, Davis and to salute those who placed themselves ity, the United States must do all it Eberling, names falling into place as in harm’s way, often at the risk of can to prevent state sponsors of ter- droplets fell through the dark. Names their lives, and to honor those who are rorism from acquiring weapons of mass printed on the ceiling of the night. involved in the struggle against terror. destruction. We have achieved a re- Names slipping around a watery bend. We state that this struggle is not a markable success in convincing the Twenty-six willows on the banks of a struggle against any people or faith. Government of Libya to voluntarily stream. We assert that we will continue to do abandon its pursuit of such weapons, ‘‘In the morning, I walked barefoot whatever is necessary to identify, but the threat that Iran and North among thousands of flowers, heavy intercept, and disrupt terrorists and Korea may acquire nuclear weapons is with dew like the eyes of tears, and their activities, and that we will nei- one of the most serious issues facing each had a name: Fiori inscribed on a ther forget the sacrifices of September our Nation. yellow petal, then Gonzalez and Han, 11 nor ever yield to terrorists and their Teheran’s ayatollahs have consist- Ishikawa and Jenkins. Names written ideologies. ently supported terrorist groups that in the air and stitched into the cloth of Mr. Speaker, I reserve the balance of have shown no reluctance to use every the day. A name under a photograph my time. weapon available to them in order to taped to a mailbox. Monogram on a Mr. LANTOS. Mr. Speaker, I yield create mayhem in their fanatical zeal torn shirt, I see you spelled out on myself such time as I may consume. to destroy those standing in their way. storefront windows and on the bright Mr. Speaker, 4 years ago, as our Na- Nuclear weapons in the hands of Iran unfurled awnings of the city. tion came to recognize the magnitude could end up in the hands of terrorists. ‘‘I say the syllables as I turn a cor- of the struggle we were starting in ear- At the same time, we must find inno- ner: Kelly and Lee, Medina, Nardella, nest against the enemies of tolerance vative ways to carry on this global and O’Connor. When I peer into the and progress, we had the most sobering struggle against terrorism so that it woods, I see a thick tangle where let- and moving debate that I witnessed on becomes not a war in a conventional ters are hidden as in a puzzle concocted the floor of this Chamber in the quar- sense, but a united worldwide effort to for children. Parker and Quigley in the ter century I have had the privilege of eliminate the conditions that give rise twigs of an ash, Rizzo, Schubert, Torres serving as a Member. That debate re- to terrorism. and Upton, secrets in the boughs of an sounds even today, as Congress con- This is as much a battle of ideas as a ancient maple. Names written in the tinues to muster the resources and to battle against armies. The extremists pale sky. Names rising in the updraft rally our compatriots to carry on in and their protectors fear the freedom amid buildings. Names silent in stone the ongoing war on terrorism. that we cherish. They seek to destroy or cried out behind a door. Names it wherever it thrives. The war on ter- blown over the Earth and out to sea. b 1400 rorism is a common struggle among all ‘‘In the evening: weakening light, the With this fourth anniversary of the democracies to preserve democracy last swallows. A boy on a lake lifts his terrorist mass murder of September 11, itself, and we can only achieve true oars. A woman by a window puts a we honor the victims, we honor the he- victory in this epic struggle when we match to a candle, and the names are roes, and we contemplate the lessons. bring democracy to all the corners of outlined on the rose clouds: Vanacore We are still engaged in the global bat- the globe. This means encouraging de- and Wallace, let X stand, if it can, for tle against terrorism. We have made mocracy and respect for human rights the ones unfound. Then Young and progress, but we are a long way from in places where they have not taken Ziminsky, the final jolt of Z. Names victory. root, and where terrorists breed in the etched on the head of a pin. One name Indeed, this point has been brought darkest corners of Egypt and Saudi spanning a bridge, another undergoing home to us and to civilized people ev- Arabia, and many other places a tunnel. A blue name needled into the erywhere yet again these past few throughout the world. skin. Names of citizens, workers, moth- months. On July 7, suicide bombers at- Mr. Speaker, the struggle against ers and fathers, the bright-eyed daugh- tacked the London subway and bus sys- terrorism goes on, 4 years after our Na- ter, the quick son. tem, killing 52 people and injuring tion awakened to the urgency of this ‘‘Alphabet of names in a green field. scores more. Two weeks later, another fight. But let us ensure that the soul Names in the small tracks of birds. attempt on London’s public transpor- searching and resilience that marked Names lifted from a hat or balanced on tation system created panic. And just 2 our deliberations in September 2001 do the tip of the tongue. Names wheeled days after that, more than 80 people not merely echo in this Chamber into the dim warehouse of memory. So were killed in a series of terrorist at- today. Let the debate instead be ampli- many names, there is barely room on tacks at the Egyptian resort town of fied and our convictions deepened as we the walls of the heart.’’ Sharm al-Sheikh, not far from the recommit to the fight against fanatical Mr. LANTOS. Mr. Speaker, I yield 4 Egyptian resort where over 30 people Islamic terrorists capable of perpe- minutes to the distinguished gen- were killed a few months earlier in a trating such an atrocity. tleman from Ohio (Mr. KUCINICH). similar terrorist bombing. And let us Mr. Speaker, I reserve the balance of Mr. KUCINICH. Mr. Speaker, it is ap- not forget that Israel, our only demo- my time. propriate that we remember 9/11, the cratic ally in the Middle East, has been Mr. LEACH. Mr. Speaker, I yield 5 victims, the aftermath of 9/11 and the a longtime victim of terrorist attacks; minutes to the distinguished gen- policies which have been put in place and it continues to be the target of ex- tleman from New Jersey (Mr. FRELING- as a result of that day of great tragedy. tremist Islamic violence. HUYSEN). It is also appropriate that our remem- Our hearts go out to the families of Mr. FRELINGHUYSEN. Mr. Speaker, bering not be selective so as to pre- the victims who continue to be sense- on Friday, September 6 of 2002, before a clude America from taking a path of lessly maimed and slaughtered in such commemorative joint meeting of Con- truth and reconciliation. vicious attacks of global terrorism. gress at Federal Hall in New York City, Immediately after the attacks upon And so the struggle goes on. We may the then poet laureate of the United our Nation, all across the world people differ about specific tactics, but I think States, Billy Collins, dedicated the fol- responded in solidarity with America,

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.067 H08SEPT1 H7776 CONGRESSIONAL RECORD — HOUSE September 8, 2005 much as we are seeing at this moment cord to memorialize the people lost and the the President to sacrifice more American lives in response to the unfortunate disaster families shattered on 9/11, in public cere- for wars that have nothing to do with terrorism of Hurricane Katrina. The world is al- monies and private remembrances. I hope that or the events of that tragic day. ways ready to embrace America and to it offers a small sense of comfort to those who When the House leadership presents a res- share in our highest aspirations. lost loved ones and those who were injured in olution that truly honors the victims of 9/11, I Unfortunately, sadly, decisions were the attacks, that so many people in our coun- will vote for it. Until that happens, I urge my made by some in the administration to try and throughout the world remember their fellow Members of Congress to vote against use 9/11 as an opportunity to advance a loss and their suffering and continue to pray this resolution and others that endorse Presi- longstanding ideological desire, with for them. dent Bush’s misguided foreign policies. financial incentives to invade Iraq and But the best memorial we can offer to the Mr. LARSON of Connecticut. Mr. Speaker, I overthrow its government. victims of 9/11 is not words, but deeds. We rise today to mark the fourth anniversary of Whenever we remember 9/11, and we must bring a laser-like focus to our responsi- the September 11, 2001 terrorist attacks and should, we must also remember that bility to make America safer. The threat that to remember those who lost their lives that some in the administration used 9/11 as we did not recognize clearly enough 4 years day, especially the residents of Connecticut an excuse to wage an illegal war ago confronts us still. The need to be pre- and of my district. against a nation that did not attack us, pared, as Hurricane Katrina so clearly As each year passes, it becomes even that had nothing to do with 9/11, that showed, is one of our most critical responsibil- more important for us to remember the victims did not have the capability or the in- ities. tention of attacking us, and that had Four years after the attacks, Americans who died on September 11, 2001 and honor no weapons of mass destruction. have to ask: has enough progress been those who continue to serve as the Nation’s 9/11 could never be justified, nor made? The answer, sadly, is no. Security at first lines of defense against acts of terrorism should any attack upon this Nation our ports, on commercial airliners, on our tran- and disaster. Their memory should keep us ever be justified. But I think America sit systems, and along our borders has not vigilant against threats and thankful for the lost a moment after 9/11 to come to- been a priority. Our first responders still do not many blessings we have as citizens of this gether as a national community in have the ability to communicate quickly and Nation. search of ways that we could take new effectively. We thank the selfless firefighters, police offi- directions to meet an emerging chal- September 11 is hallowed ground, and the cers, and emergency medical workers who lenge of terrorism with new strategies, actions of this Congress must be guided by confronted chaos and terror 4 years ago and new initiatives, because we are learn- that recognition. Our debates, our votes, our lost their lives trying to save their fellow Ameri- ing the limitations of trying to solve laws, must be worthy of the sacrifice that was cans in New York, Pennsylvania, and the Pen- our difficulties through armed force. made on that day. And so, in the name of the tagon. This reminder is all too vivid in the 9/11 was a tragedy, and it was com- victims, we pledge again today: united as a wake of the recent tragedy on the Gulf Coast pounded by the war in and against Iraq. country, we will seek to keep alive the indomi- caused by Hurricane Katrina. Some of the That war has separated us from many table American spirit that was displayed on very same first responders who assisted in the of our friends in the international com- September 11, and keep Americans safe from time following the terrorist attacks are down in munity. It has drained our resources. It harm. Louisiana, Mississippi, and Alabama helping has cost us the lives of over 1,900 Amer- Mr. CARDIN. Mr. Speaker, the tragedy of those families rebuild their lives. We owe them ican servicemen, servicewomen, and September 11, 2001 has been seared in our our eternal gratitude for their service and com- has cost the lives of countless Iraqis Nation’s consciousness forever. On this fourth passion. who are innocent. anniversary of the attack on our Nation, I want However, as we have seen in the Gulf We need to heal our Nation. We need to take this opportunity to remember the brave Coast states, we still have much work to do to to come together as Americans so that men and women who lost their lives at the respond to threats, both from terrorists and we can assert our commonalities, our World Trade Center, the Pentagon, and in a nature. We must focus our resources as a na- common interests in the general wel- deserted field in the Pennsylvania countryside. tion to ensure that first responders can act fare of our countrymen and country- That day, 3,000 Americans died at the hands rapidly and communicate seemlessly with Fed- women. But in order to do that, we of terrorists who would see our country de- eral, State, and local officials. need to go back through that tunnel of stroyed. These fellow citizens were casualties Terrorists still remain a threat to our Nation 9/11, and the only way we can do that is in our Nation’s continuing effort to maintain lib- and other free and democratic societies. We to be guided by truth. erty, safety, and freedom for all Americans. were all shocked and saddened by the bomb- We still need to heal the Nation, but While we suffered a grievous loss that day, ings in London on July 7, 2005. The images we will not be able to do it with arms. we must remember that we are a strong and we saw in London that day were all too famil- We can only do it by seeking the truth. determined Nation that will defeat those who iar to the images we will never forget from 4 And I contend that at this moment, would harm us. We join together to make it years ago. Our deepest sympathies went out when we stand united to pass this reso- clear to the world that our Nation is united and to our friends in Great Britain who have stood lution, that we should also highly re- resolved to defend our freedom against any so strongly by the United States in our war on solve that violence is not going to be enemy. terror. These bombings and the memories of the means that we use in the future to Today, we stop to remember those who per- September 11 further strengthen our convic- solve the differences that we have with ished on 9/11 and to remember their families tions to defeat terror throughout the world. nations. with a special prayer. We also pause to reflect Next week, Members of this House on the heroism of the firefighters, police offi- As Congress works to reauthorize the PA- will come together to introduce legis- cers and city officials who died in the line of TRIOT Act, our immediate response to the ter- lation to create a Cabinet-level Depart- duty trying to save others. Each of us is per- rorist events that stunned our Nation, we must ment of Peace and Nonviolence, which sonally affected by September 11. While we learn from the subsequent 4 years that have recognizes that the path of peace can might not know anyone personally who died, passed. To curtail the freedoms of Americans be active, can be firm, can have re- we still grieve for them. And we hold the mem- in the name of fighting our enemies would be solve, and can help us achieve a new bers of their families close to our hearts. a disservice to the memory of September 11 world. Mr. STARK. Mr. Speaker, I rise today in op- and every American who has given their life or Ms. PELOSI. Mr. Speaker, 4 years ago, our position of H. Res. 427. put themselves in harm’s way to defend this Nation suffered the worst attack in our history, I cannot vote for a resolution supporting a Nation and its people. and Americans were forever transformed. ‘‘global war on terrorism’’ because there is no As we pause to reflect this September 11 What happened on September 11 was not such thing. The only war the United States is and remember those whose lives were lost simply an attack against America, it was an engaged in is the misguided Iraq War. To sup- that day, let us also remember the things that assault on our democracy. In the immediate port a resolution simply so President Bush can make our Nation great: our freedom, our lib- aftermath, we saw Americans overcome grief continue to carry out actions in the name of erty and our democracy. These memories will and devastation to demonstrate that the val- this false global war of terrorism only encour- give us the will to be better citizens and build ues that unite us are greater and more endur- ages this Administration to lead this country a stronger nation. ing than anything that divides us. into additional unnecessary military actions. Mr. MENENDEZ. Mr. Speaker, today we re- That is what we do again today. This week, Instead of honoring the victims of 9/11 and member the victims of one tragedy as we we come together in the spirit of unity and ac- their families, this resolution only encourages work to help the survivors of another.

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K08SE7.070 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7777 In my district and in the State of New Jer- Mr. LANTOS. Mr. Speaker, on that I vided herein, such amounts may be trans- sey, we know the experience of tragedy per- demand the yeas and nays. ferred back to this appropriation: Provided sonally and the sympathy of those in New Jer- The yeas and nays were ordered. further, That the Secretary of Defense shall, not more than 5 days after making transfers sey extends at the deepest level to those who The SPEAKER pro tempore. Pursu- from this appropriation, notify the Commit- lived through Hurricane Katrina. ant to clause 8 of rule XX and the tees on Appropriations in writing of any Four years ago on September 11th, 700 of Chair’s prior announcement, further such transfer: Provided further, That the our friends and neighbors from my state of proceedings on this motion will be amounts provided herein are designated as New Jersey never returned home from work postponed. an emergency requirement pursuant to section 402 of H. Con. Res. 95 (l09th Congress). and never returned to their families. The f smoking ruins of the Twin Towers were visible DEPARTMENT OF DEFENSE-CIVIL 1415 for my entire district to see and many of the b DEPARTMENT OF THE ARMY police and emergency response people that REQUEST FOR GENERAL LEAVE CORPS OF ENGINEERS-CIVIL responded so heroically to the attacks were ON H.R. 3673 OPERATION AND MAINTENANCE from New Jersey. Mr. LEWIS of California. Mr. Speak- For an additional amount for ‘‘Operation I can’t tell you how many memorial services and Maintenance’’ for emergency expenses er, I ask unanimous consent that all for repair of storm damage to authorized I attended for people in my own district, nor Members may have 5 legislative days describe in words the sympathy and sorrow I projects in the Gulf states affected by Hurri- within which to revise and extend their cane Katrina, $200,000,000, to remain avail- felt for family members who lost loved ones remarks and include extraneous mate- able until expended: Provided, That the Chief from all over the country. rial on H.R. 3673. of Engineers, acting through the Assistant That is why I committed that very day to The SPEAKER pro tempore (Mr. Secretary of the Army for Civil Works, shall provide, at a minimum, a weekly report to taking every action to make sure that our Na- BASS). Is there objection to the request tion and her citizens never have to go through the Committees on Appropriations detailing of the gentleman from California? the allocation and obligation of these funds, what we did on that terrible day four years Mr. OBEY. Mr. Speaker, I object. ago. And since we know the enemy seeks to beginning not later than September 15, 2005: The SPEAKER pro tempore. Objec- Provided further, That the amount provided attack again, I have worked to ensure that our tion is heard. herein is designated as an emergency re- country is as prepared as we can be for a fu- f quirement pursuant to section 402 of H. Con. ture attack and ready to respond once it does Res. 95 (l09th Congress). occur. SECOND EMERGENCY SUPPLE- FLOOD CONTROL AND COASTAL EMERGENCIES That is also why I support this resolution as MENTAL APPROPRIATIONS ACT For an additional amount for ‘‘Flood Con- an expression of my deepest sympathy to TO MEET IMMEDIATE NEEDS trol and Coastal Emergencies’’, as authorized families and friends of the thousands of vic- ARISING FROM THE CON- by section 5 of the Flood Control Act of Au- tims of that fateful day. SEQUENCES OF HURRICANE gust 16, 1941 (33 D.S.C. 701), for emergency ex- I support it as an expression of our Nation’s KATRINA, 2005 penses for repair of damage to flood control gratitude and pride in our men and women in and hurricane shore protection projects in Mr. LEWIS of California. Mr. Speak- the Gulf states caused by Hurricane Katrina, uniform who have performed with brilliance er, I move to suspend the rules and $200,000,000, to remain available until ex- and valor in the war on terror and Operation pass the bill (H.R. 3673) making further pended: Provided, That the Chief of Engi- Iraqi Freedom. To date, almost 1,900 Ameri- emergency supplemental appropria- neers, acting through the Assistant Sec- cans have made the ultimate sacrifice in sup- tions to meet immediate needs arising retary of the Army for Civil Works, shall port of our country, in Iraq, while many others from the consequences of Hurricane provide, at a minimum, a weekly report to have done so around the world in the fight the Committees on Appropriations detailing Katrina, for the fiscal year ending Sep- the allocation and obligation of these funds, against terror. tember 30, 2005, and for other purposes. For me personally, I cannot walk outside beginning not later than September 15, 2005: The Clerk read as follows: Provided further, That the amount provided into a crystal, clear, cloudless blue sky in Sep- H.R. 3673 herein is designated as an emergency re- tember like we have today without remem- quirement pursuant to section 402 of H. Con. Be it enacted by the Senate and House of Rep- bering the very same sky on that tragic day in Res. 95 (109th Congress). resentatives of the United States of America in September. I cannot walk outside remem- Congress assembled, That the following sums DEPARTMENT OF HOMELAND SECURITY bering the contrast between the beauty of that are appropriated, out of any money in the EMERGENCY PREPAREDNESS AND RESPONSE sky and the terror which came from it. Treasury not otherwise appropriated, for the DISASTER RELIEF To those who survived and to the families fiscal year ending September 30, 2005, name- (INCLUDING TRANSFERS OF FUNDS) who lost their loved ones, I know that four ly: For an additional amount for ‘‘Disaster years has not taken away the pain. DEPARTMENT OF DEFENSE—MILITARY Relief’’, $50,000,000,000, to remain available To those who survived and to the families, OPERATION AND MAINTENANCE until expended: Provided, That up to $100,000,000 may be transferred to and merged I know that you will have to live with the con- OPERATION AND MAINTENANCE, DEFENSE-WIDE sequences of that tragedy for the rest of your with ‘‘Emergency Preparedness and Re- (INCLUDING TRANSFERS OF FUNDS) lives. sponse—Public Health Programs’’ for the Na- To those who survived and to the families, For an additional amount for ‘‘Operation tional Disaster Medical System to support and Maintenance, Defense-Wide’’, medical care as authorized by the Public I say that we will never forget those innocent $1,400,000,000 for emergency hurricane ex- Health Security and Bioterrorism Prepared- people who were murdered in cold blood and penses, to support costs of evacuation, emer- ness and Response Act of 2002 (42 U.S.C. that we honor you for your courage, your will gency repairs, deployment of personnel, and 300hh–11): Provided further, That $15,000,000 to survive, and for the strength you have other costs resulting from immediate relief shall be transferred to and merged with ‘‘De- shared with our Nation. efforts, to remain available until September partmental Management and Operations— Mr. LANTOS. Mr. Speaker, I have no 30, 2006: Provided, That the Secretary of De- Office of Inspector General’’ for necessary further requests for time, and I yield fense may transfer these funds to appropria- expenses of the Office of Inspector General tions for military personnel, operation and for audits and investigations as authorized back the balance of my time. by law for Hurricane Katrina response and Mr. LEACH. Mr. Speaker, I have no maintenance, procurement, family housing, Defense Health Program, and working cap- recovery activities: Provided further, That further requests for time, and I yield ital funds: Provided further, That not to ex- the Secretary of Homeland Security shall back the balance of my time. ceed $6,000,000 may be transferred to ‘‘Armed provide, at a minimum, a weekly report to The SPEAKER pro tempore (Mr. Forces Retirement Home’’ for emergency the Committees on Appropriations detailing BASS). The question is on the motion hurricane expenses: Provided further, That the allocation and obligation of these funds, offered by the gentleman from Iowa funds transferred shall be merged with and beginning not later than September 15, 2005: Provided further, That the amounts provided (Mr. LEACH) that the House suspend the be available for the same purposes and for herein are designated as an emergency re- rules and agree to the resolution, H. the same time period as the appropriation or fund to which transferred: Provided further, quirement pursuant to section 402 of H. Con. Res. 427. Res. 95 (109th Congress). The question was taken. That this transfer authority is in addition to any other transfer authority available to the GENERAL PROVISION The SPEAKER pro tempore. In the Department of Defense: Provided further, SEC. 101. For procurements of property or opinion of the Chair, two-thirds of That upon a determination that all or part services determined by the head of an execu- those present have voted in the affirm- of the funds transferred from this appropria- tive agency to be used in support of Hurri- ative. tion are not necessary for the purposes pro- cane Katrina rescue and relief operations—

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.027 H08SEPT1 H7778 CONGRESSIONAL RECORD — HOUSE September 8, 2005 (1) the emergency procurement authority disaster demands that we tone down consideration of these matters. The in subsection 32A(c) of the Office of Federal our political rhetoric and weigh our reason we had bipartisanship is because Procurement Policy Act (41 U.S.C. 428a(c)) words and actions carefully. the gentleman from Florida (Mr. may be used; and The lives and livelihoods of hundreds YOUNG) and I worked together. We were (2) the amount specified in subsections (c), (d) and (f) of section 32 of the Office of Fed- of thousands of people are at stake. consulted equally. We met in the eral Procurement Policy Act (41 U.S.C. 428) The temptation to point fingers is Speaker’s office and the minority had shall be $250,000. great in the aftermath of a tragedy of some opportunity for input in the prod- This Act may be cited as the ‘‘Second this magnitude. Regardless of party af- uct. Emergency Supplemental Appropriations filiation, we must all resist this temp- We have been given no such oppor- Act to Meet Immediate Needs Arising From tation to point fingers when our citi- tunity by the White House, by your the Consequences of Hurricane Katrina, zens are suffering and in need. There leadership, or by you yourself under 2005’’. will be plenty of time to assess how those circumstances. I think the gen- The SPEAKER pro tempore. Pursu- and why this disaster occurred, but not tleman needs to expect to receive the ant to the rule, the gentleman from today, not now. We must stand to- same kind of cooperation which he has California (Mr. LEWIS) and the gen- gether as we did on 9/11, united as extended. tleman from Wisconsin (Mr. OBEY) each Americans, to assist our citizens in Mr. Speaker, I reserve the balance of will control 20 minutes. need. my time. The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of Mr. LEWIS of California. Mr. Speak- from California (Mr. LEWIS). my time. er, I yield 1 minute to the gentleman Mr. LEWIS of California. Mr. Speak- Mr. OBEY. Mr. Speaker, I yield my- from Louisiana (Mr. ALEXANDER). er, I yield myself such time as I may self 4 minutes. Mr. ALEXANDER. Mr. Speaker, I consume. Mr. Speaker, 19 times this year the want to thank the gentleman for yield- Mr. Speaker, it was less than 1 week majority party has asked me as the ing me time. ago that Congress approved $10.5 bil- ranking member of the Committee on Mr. Speaker, I want to personally lion in disaster aid to begin providing Appropriations to help them with pro- thank all of the Members of the House immediate assistance to the people of cedural waivers of House rules so they for the help that they have given us, the gulf coast. That emergency supple- could accelerate the passage of their for their kindness, for their prayers for mental bill was the first of what will appropriations bills, and we provided the State of Louisiana. likely be several supplementals ad- that cooperation. What I am going to ask of Members dressing the urgent needs of our citi- Today, under consideration of this today is if Members cannot vote for zens affected by Hurricane Katrina. bill we on the minority side asked for this measure, find a reason other than I plan to be very brief in my remarks. three things. We asked, first of all, the Governor of Louisiana. I served The human needs in the gulf region that since the last money that was pro- with the lady 20 years ago in the State are all too apparent. The President has vided to the hurricane region was pro- legislature. She had some criticism for promised an unprecedented level of as- vided with virtually no real debate, we me when I changed parties last year, sistance and, once again, Congress is asked that this bill be brought to the but I understand that. But she is a de- backing that promise with the funding floor under an open rule so that Mem- cent lady and does not deserve to have and resources to keep the aid flowing. bers could offer amendments trying to her name mentioned in the same col- This is a straightforward supple- increase the efficiency of the money umn with the word ‘‘corruption.’’ mental providing $51.8 billion for emer- which is going to be delivered to the I would appreciate it if Members gency response and recovery needs as- stricken area. The majority party said would refrain from throwing stones at sociated with this disaster. Our effort ‘‘no.’’ this particular time. We have some today will ensure that there is no dis- The majority party then insisted on devastation down there and a lot of ruption in funding for needed relief ef- bringing this bill up under suspension hurt people, but please, if Members forts. We fully expect to be approving despite the fact that their own caucus would find another reason other than still more assistance once we have an rules indicate that no bill should be that. assessment of the full scope and costs brought to the floor under suspension, Mr. LEWIS of California. Mr. Speak- of this disaster. which means no Member has a right to er, I yield 2 minutes to the gentleman It is important for our Members to amend. Their own rules say that they from Louisiana (Mr. BOUSTANY). know that we are insisting on proper should not be brought to the House Mr. BOUSTANY. Mr. Speaker, I oversight for those appropriated dol- floor unless the bill is under $100 mil- thank the gentleman for yielding me lars to ensure that funds are being lion. This is a $50 billion bill. time. spent wisely. Specifically, we have Thirdly, because we had 17 Members Mr. Speaker, we are now entering a added a provision allowing the transfer who wanted to comment or ask ques- new phase of this recovery effort. Al- of up to $15 million from FEMA’s Dis- tions about it, we asked if they were though my Louisiana district did not aster Relief Fund to the Homeland Se- going to consider it under a closed rule suffer significant damage from the hur- curity inspector general. Congress also that they give each side of House 1 ricane, we now face the enormous chal- will provide that every dollar needed is hour to discuss the matter. We have lenge of sheltering and supporting nu- spent to rebuild, but we will require ac- been turned down. merous evacuees now in southwest countability for every dollar that is Lastly, we asked the majority to pro- Louisiana. spent. vide for us an opportunity for at least In Lake Charles, Louisiana, a small The destruction along the gulf coast one amendment so that we can correct community, we have an estimated will require months and even years of the fact that right now FEMA has been 25,000 evacuees in need. In Lafayette, intense effort to recover and rebuild. used as a political dumping ground for my hometown, there are an estimated Congress and the Bush administration patronage by the White House, and as a 40,000 evacuees. We basically doubled are fully committed to the rebuilding result we have a dysfunctional and cha- our population. Funding appropriated process. otic agency. We were not even allowed in this installment today is critically One final thought in closing. I recall to offer that amendment. needed to begin the transition from vividly the scene of Republicans and So I simply want to put the gen- emergency shelter to a more perma- Democrats standing on the steps of the tleman from California (Mr. LEWIS) on nent solution for housing of families of Capitol singing ‘‘God Bless America’’ notice. He need not bother me asking the gulf coast that are affected by this on the evening of September 11, 2001. me for any further procedural consider- disaster. We stood not as partisans or political ations for the rest of the session. If the The resources of local communities opponents, but as American citizens gentleman wants to stick to the rules, providing for these evacuees are being united in our grief and resolve. We we are going to stick to the rules. stretched ever so thinly now. The would all do well to follow that model I agree with the gentleman that it Cajundome in Lafayette, my home- of comity and civility. Our success in would be nice if we could follow on the town, continues to house nearly 5,000 rebuilding in the wake of this natural model of 9/11 when we had bipartisan individuals at a cost of nearly $60,000

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.017 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7779 per day. In a mere 30 days we will de- b 1430 ficult. It will require determination,

plete the budget allocated for that fa- Mr. OBEY. Mr. Speaker, I yield 11⁄2 strength of mind, spirit and body; and cility for the entire year, so we need minutes to the gentleman from Rhode it will require a sense of unity. help. Island (Mr. KENNEDY). In the days since the storm, we have Local community organizations are Mr. KENNEDY of Rhode Island. Mr. seen all of these qualities in great stepping up to help, but have limited Speaker, we have talked a lot about abundance, in the people doing such resources. The recovery process will be making sure that we not overlook large things as providing housing, jobs long and expensive. The Federal Gov- those who have been affected by this and hot meals for displaced families, ernment must continue to step in and terrible tragedy. Today, Mr. Speaker, I and those doing such small things as bring its full resources to the effort rise to support this bill, but also just providing a hug to someone in need. and Congress must provide proper over- to say we should make sure that we do But this recovery will also require sight. not overlook those significant numbers one other thing. It will require a tre- The visual images of all of this have of people that have been traumatized mendous amount of funding. The emer- been just horrific and the human sto- by this terrible event. gency supplemental measure under ries are unbelievable to hear. And I The mental health impact of this consideration here today will provide have been frustrated with some of the horrifying event, it cannot be meas- much-needed funding from local, State, delays, but we must get the job done. ured in dollars. If trauma can disable and Federal agencies to continue the This is not the time to point fingers. even those who are trained for battle, seemingly insurmountable task of re- This is not the time to cast blame. we have seen police officers commit building lives, communities, and This is the time to get to work. We States. have an enormous amount of work to suicide already because of what they have witnessed, who can begin to even It is difficult to know what the final do in front of us, and it has to be done cost will be in rebuilding after Hurri- in a bipartisan fashion. I ask Members calculate the fallout on those who are most vulnerable, those who suffered cane Katrina. However, the $10.5 billion on both sides to use restraint in the de- in emergency funding approved by this bate. Accountability will come as we trauma in the past, those who deal with mental illness every single day? body last week was a good start, and move forward. the $51.8 billion measure we are consid- I know Congress will look into the In addition, there is an extreme need for those with mental illnesses who ering today will provide even more disaster, and I urge my colleagues to vital funding for the rebuilding of rise above the vicious rhetoric that have become evacuees themselves. Un- treated, their diseases can be debili- America’s gulf coast. does not provide for the thousands of I thank the gentleman from Cali- children in my district who need school tating or even fatal under extreme stress. I know that efforts are under fornia (Mr. LEWIS) for his leadership in supplies and uniforms. this very difficult, yet important, mat- Displaced small businesses with help to get way by SAMPHSA and FEMA and ter. On behalf of my home State of Ala- back on their feet; opportunities for families to many private organizations to meet bama, I want to especially thank Presi- reunite; housing for those without, or, seniors the mental health needs today and in dent Bush for his assistance to the im- with medical care and comfort. the future, but I also know that there This emergency supplemental is the next in- are never enough resources when it pacted region and for his tremendous stallment in the long road to establishing the comes to mental health, even in the display of support to those affected by industries and communities of the Gulf Coast. best of times. this storm. I am also most grateful to I would like to thank the House leadership and So I look forward to working with the leadership of this House for re- my colleagues for their continued support. the committee to make sure that these sponding so rapidly to the great chal- Mr. Speaker, I urge passage of the and other needs are met in this bill. lenges that this emergency funding supplemental. Mr. LEWIS of California. Mr. Speak- will help address. Mr. LEWIS of California. Mr. Speak- er, I yield 3 minutes to the gentleman Let me close by urging my colleagues er, I yield 1 minute to the gentleman from Alabama (Mr. BONNER). to support this measure and, in so from Illinois (Mr. KIRK), a member of Mr. BONNER. Mr. Speaker, the doing, show their support and compas- our committee. events we have witnessed during the sion for the millions of women, men Mr. KIRK. Mr. Speaker, I thank the past 2 weeks on the gulf coast have and children impacted in countless gentleman for yielding me time. been nothing short of tragic. Never in ways, both great and small, by this Mr. Speaker, I rise in support of this my life could I have imagined the scale storm. Hope is something Americans legislation. I also want to point out of devastation which has come to pass should never lose. Let us, by both our that the chairman and ranking minor- in Alabama, Mississippi and Louisiana words and actions, continue to provide ity member have quite wisely repeated as a result of Hurricane Katrina. that hope. a precedent that we set in previous The endless stream of video on na- Mr. OBEY. Mr. Speaker, I yield 3 large supplementals of enhancing the tional television networks and cable minutes to the distinguished gen- capabilities of the Inspector General’s stations has provided us with images tleman from Minnesota (Mr. SABO), the office with new resources and new in- that until recently we had only seen in ranking member on the Subcommittee vestigators to make sure that the as- devastated Third World countries in on Homeland Security. sistance reaches those who are in need. other parts of the world. Mr. SABO. Mr. Speaker, I thank the This legislation that we are consid- My district in south Alabama was se- gentleman for yielding me time, and I ering is three times larger than any verely impacted by this monstrous rise in strong support for this bill and previous domestic disaster assistance storm. In some areas, such as Bayou La this supplemental appropriation. The legislation that we have considered. We Batre and Dauphin Island, entire Congress clearly needs to pass it as were advised last night by OMB that neighborhoods and businesses have quickly as we can, but let me make the Federal Government is spending at simply been washed away. As horrific just a few random comments. the rate of $2 billion a day, and that as this impact has been on my con- I think it is obvious to most of us, or rate will likely continue for some time. stituents, it is only a small part of the at least to me and some others, that In spending the taxpayers’ resources overwhelming destruction covering the Federal Government probably that quickly, we want to make sure 90,000 square miles along America’s would have responded more quickly that we are still reaching those in gulf coast. and in a more professional manner to need. We have seen in previous large Ninety thousand square miles. To put this crisis if FEMA existed as it existed supplementals, enhancing the Inspec- that in perspective, in the area com- before the creation of the Department tor General’s Office creates a positive monly known as Ground Zero in New of Homeland Security, and I think that environment of making sure everybody York City affected by the terrorists on is an issue at some point we have to knows that they are just in the office September 11, it totaled just 16 acres. deal with. next door and if something uncareful is As everyone in this Chamber is Secondly, I think it is appropriate done, they could face consequences. aware, particularly our friends in Lou- that we deal with this bill quickly and This legislation has that protection isiana and Mississippi, the recovery as a supplemental appropriation today in it for the taxpayers. time facing us will be long and dif- and do it quickly so we can meet real

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.077 H08SEPT1 H7780 CONGRESSIONAL RECORD — HOUSE September 8, 2005 urgent, current needs. However, at America that is not breaking as we We need to know why, when New Or- some point, as this need and the need watch hundreds of thousands of our fel- leans was a nightmare, we sat and for a supplemental grows, at some low citizens become victims to the watched instead of helping the places point we should follow regular order worst natural disaster in the Nation’s we could help. I can tell my colleagues, and have the administration respond to history. because I have been there, that some of our committees and respond to ques- There has been much debate, finger- the hardest hit places were ignored and tions and to build their case for what pointing in the press about who is to abandoned and even now are not get- their plans are on what I expect will be blame for problems with relief efforts, ting the attention they need. a significantly larger amount of money about who allowed such a human dis- There is a sense in my district, in that is being spent. aster to happen. This is an important places like St. Bernard and So while we proceed today, clearly question and one to which we must find Plaquemines Parishes, that the Federal we should plan, I would hope, the next answers, but at the appropriate time. Government, our government, Mr. time we face a bill, at least some com- Right now, it is time to finish the job Speaker, has completely failed them. It mittee hearings where Members can of rescuing human beings from harm’s is this point I have a lot of trouble tell- ask questions and the administration way, to comfort those that have lost ing them that they are wrong. is required to provide some more de- all of their possessions, and to help As their Congressman, it is painfully tailed plans. them find a sense of comfort and nor- ironic that the help I have been able to Thirdly, clearly the administration, malcy. give them has not been from the Fed- we and everyone is guessing at what This bill will provide the beginnings eral Government at all. I have had to some of the needs are going to be, but to do just that. We do not know yet work around the system, identifying one concern I have, what is lacking and what the total disaster costs will be, needs and coordinating resources my- that I have heard no discussion of, is but we want to assure the victims and self, much of it from private and unof- we have dealt with kids in college, but the Nation that we will do everything ficial sources. we have thousands of kids in elemen- in our power to help them recover. The system was broken long before Just an idea, Mr. Speaker, in World tary and secondary education who have Katrina hit, and just because we can War I we had a thing called Liberty been uprooted from their homes, been turn on the television today and no Bonds. I think it is time we thought uprooted from where they were plan- longer see thousands of people in im- about perhaps having Katrina Bonds. A ning to go to school a very short time mediate peril does not mean we have lot of people are wanting to help across ago and scattered throughout the coun- somehow fixed it. the Nation. This would be a way for try. They are going to have some very As we move forward, we must re- every individual, if they chose, to find unique problems, and I have heard no member that there are success stories a way to help the victims of this great, discussion by the Department of Edu- in all of this, and there is much to be horrible disaster. So I recommend that cation of providing any additional proud of. First responders, charitable we think of that, establishment of K funding for these kids in whatever groups, thousands of volunteers have savings bonds. school districts they end up around the Mr. OBEY. Mr. Speaker, I yield 3 given more than we could have ever country. minutes to the distinguished gen- asked. I think that clearly should be the re- tleman from Louisiana (Mr. Local officials like State Senator sponsibility of the Federal Govern- MELANCON). We have seen him in his ef- Walter Boasso of St. Bernard Parish ment. I think they are going to have forts in his own district after this dis- and the Plaquemines Parish sheriff and unique needs in terms of counseling, aster. parish president worked together as a and it is going to put additional bur- Mr. MELANCON. Mr. Speaker, after team on the ground to deliver for their dens for additional students on school a week and a half of difficult days, people and protect their property. Why districts; but if there are any plans for today is one of the toughest for me. on their own? Because for days there doing it, they have escaped me. So I This morning I had to leave the dev- was no help coming from the Federal would hope the administration, the De- astation and overwhelming need of the Government. partment of Education would move people that were affected by Katrina to In the last week, Louisiana has had very quickly to develop some realistic come to the House to do my duty as a help and had support from all over the plans on how we deal with kids who are Member of Congress, to see that they country. We have been grateful for law going through great turmoil and are are taken care of in the near term and enforcement from New York, food and going to face the uncertainty of being in the long term. I hope we can bring clothing donations from Phoenix, and in schools that they were not planning some real help to Louisiana and the so much more from everywhere else in on. gulf region. this country. So we need to pass this bill, but we First, we can make a difference in b 1445 have got lots more work to do. the form of today’s supplemental ap- Mr. LEWIS of California. Mr. Speak- propriations to provide immediate re- We also owe a debt of gratitude to er, I yield 2 minutes to the gentleman lief for all that have suffered directly the States and cities that have opened from Kentucky (Mr. ROGERS), the in this tragedy. their doors to hundreds of thousands of chairman of the Subcommittee on Second, we can commit today that Louisiana citizens who have had to flee Homeland Security. the problems that plagued the Katrina their homes. Your generosity is a tes- Mr. ROGERS of Kentucky. Mr. response will never happen again in fu- tament to the strength of our Amer- Speaker, I thank the chairman for ture disasters. ican spirit, and your support has al- yielding time and, more importantly, Beginning today, we can start a lowed us to continue on when we were for the work that he has been doing tough and honest assessment of our not sure we could. these past several days trying to come emergency response capability and how I thank America, and I particularly to the aid of colleagues in the South. we deal with disasters like Katrina. thank this body for the support that I One year ago, this Congress re- With new legislation I have introduced, have received from its Members sponded to an unprecedented event, I am calling for creation of the Katrina through calls and shipments. four hurricanes striking a State within Commission, an independent and bipar- Mr. LEWIS of California. Mr. Speak- 2 months in Florida. Little did we tisan commission that will cut through er, I reserve the balance of my time. know that a year later this Nation the partisan finger-pointing and give Mr. OBEY. Mr. Speaker, I yield 23⁄4 would be tested beyond what we saw in us some real answers. minutes to the distinguished gen- Florida. Not quite 2 weeks ago now, we We all need answers, Mr. Speaker. tleman from Maryland (Mr. HOYER), saw the fury and destruction that Louisianans, and my district in par- the minority whip. Mother Nature can unleash; and we all ticular, need answers to what went Mr. HOYER. Mr. Speaker, I thank watched as not just homes and commu- wrong; and the rest of America needs the gentleman for yielding me this nities were destroyed but entire cities. answers to how we are going to better time. The images on television were hor- be prepared in the future in the case Mr. Speaker, hundreds of thousands rific. I do not know a single heart in disaster hits them. of our fellow citizens in our gulf coast

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.080 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7781 region have been devastated and dis- Mr. Speaker, I reserve the balance of Homeland Security and reached the same placed by the worst natural disaster in my time. conclusion as former FEMA Director James our Nation’s history. The needs of the Mr. OBEY. Mr. Speaker, I yield 13⁄4 Lee With with this observation: survivors and affected communities are minutes to the gentleman from Min- ‘‘There is very little day-to-day synergy between the preventive and protective func- great and our willingness to respond nesota (Mr. OBERSTAR). tions of the border and transportation secu- must match the challenge. This great (Mr. OBERSTAR asked and was given rity entities in the Department and the Nation must respond in a manner that permission to revise and extend his re- emergency preparedness and response func- the American people expect and de- marks.) tions a consolidated FEMA contributes. mand. Mr. OBERSTAR. Mr. Speaker, I There is, therefore, little to be gained in I have every expectation that every thank the gentleman for yielding me bringing these very different entities under Member of this House will vote today this time. the same organizational roof. And the costs for this emergency supplemental ap- My colleague from Minnesota (Mr. are not insignificant. propriation because our paramount SABO) a moment ago cited the plight of ‘‘FEMA,’’ the report says, ‘‘would likely concern must be to assist the victims elementary and secondary school- become less effective in performing its current mission in case of natural disasters, as of this catastrophe, our brothers and children and the need to invest in edu- time, effort, and attention are inevitably di- sisters in the gulf States. But it pains cation requirements to help them verted to other tasks within the larger orga- me to say, Mr. Speaker, that once through this traumatic period. My area nization.’’ again we have abrogated our obligation in our Committee on Transportation Prior to the time when we enacted the to conduct real, meaningful, effective and Infrastructure is the highways, the Stafford Act which statutorily established legislative oversight of the executive bridges, the water and sewer systems, FEMA in 1979, after we had shed its disaster, branch. We want to help, but we have the port facilities, the Coast Guard civil defense role, the Federal Government an obligation to assure ourselves that and, indeed, FEMA itself. We should had had no coordinated or effective response to natural disasters, but FEMA became that the help is going where it is needed. understand, as I said last Friday on response agency. Ten and one-half billion dollars by passage of the first increment, that Now, if we move this really effective agen- unanimous consent; I was for that. this is a down payment. That $10.5 bil- cy into a big bureaucracy, we know what Fifty-two billion, plus; I am for that. lion was a down payment. This $52 bil- happens. We all know in this Chamber what No hearings, no oversight, no ques- lion is a down payment on the needs of happens when a small agency gets into a big tions. No examination of when and how the gulf, the need for restoration of the department and the big appetite for more and where and who will spend the wetlands, the buffers that slow the ad- money to be shuffled around with fungible money and who will get it. As I under- vance of storms, that prevent the ero- dollars that can go from one agency to the stand it, neither the chairman nor the next and suddenly, FEMA’s will just dis- sion of the coastline. sipate and fritter away. ranking member of the Committee on But there is also a need to restore Mr. Chairman, I am in the enviable posi- Appropriations was consulted in the the buoys in the harbor, to replot the tion of rising in support of the unanimous drafting of this legislation. sandbars and the channels in the har- position of the Committee on Transportation The unfortunate truth is, Mr. Speak- bor and the riverway. There is a need and Infrastructure in reporting out our re- er, this compliant Congress has acted to invest more in the Corps of Engi- sponsibilities toward homeland security, and more like an adjunct to this adminis- neers to reevaluate the levees and the that is the committee reported out rec- tration than the co-equal branch that protective systems, the riprap along ommendation to keep FEMA as an inde- the Constitution demands we be. the coast of the river banks of the Mis- pendent agency. Now, more than ever, the American All right. This is July 2002. Let us fast for- sissippi River and Lake Pontchartrain. ward to July 2003. The majority has pre- people deserve honest answers to hard The causeway is under severe dif- questions about the inadequate Federal vailed. FEMA is a box in the mammoth bu- ficulty. The roadways throughout the reaucracy of the Department of Homeland response to this disaster. For example, Louisiana, Mississippi, and Alabama Security. Flood waters are swirling around why did Federal agencies and officials gulf areas are in serious difficulty. The your city. You call for help. You get the De- fail to appreciate the magnitude of this storm surge has taken those out. We partment of Homeland Security. The switch- disaster, even as they were being are going to need a huge investment in board sends your call to the Under Sec- warned by hurricane experts of the po- highways, bridges, water and sewer and retary’s office which looks up ‘‘disaster’’ on their organizational chart and sends you to tential devastation? We all watched it sewage treatment facilities in the city on television being reported to us. Why the Congressional Liaison Office, which then of New Orleans and in other commu- promises to get a message back to you in 24 was the Federal response too slow and nities. initially too inadequate? hours. Eventually, they find FEMA, by Our committee stands ready to ad- which time you are stranded on the roof of As the columnist David Broder wrote dress those issues, but we will need a your house waving a white handkerchief and on Sunday, ‘‘The majority of Repub- comprehensive plan to address these screaming for help. FEMA, the word comes licans see themselves first and fore- issues, and I urge the Committee on back, sorry, is looking for suspected terror- most as Members of the Bush team and Appropriations and the Office of Man- ists some place in the hinterland of America do not want to make trouble by asking agement and Budget to address that and will get back to you as soon as we can. This Department of Homeland Security is hard questions.’’ very issue of laying out a plan, so we I close, Mr. Speaker, by simply say- a bureaucracy in search of a mission. Do not think constructively into the future. ing that, of course, we are going to sup- give them FEMA’s mission. It is too impor- Parallel to the tragedy of human and phys- port this, but, Mr. Speaker, I urge us to tant to waste on this misguided department. ical disruption in the aftermath of Katrina, is have oversight. Fifty-two billion dol- There is that old barnyard saying, ‘‘if it ain’t the obvious disarray of the Federal Govern- broke, don’t fix it.’’ FEMA ain’t broke. Don’t lars is a lot of money, and we are going ment’s response. FEMA should have been in fix it by ruining it and sending it into the to spend whatever is needed, but let us Department of Homeland Sccurity. It is nim- make sure we spend it right and let us charge—but they didn’t seem to be. For a long while, no Federal agency appeared to be in ble, quick, lean, effective as an independent make sure the right people get the agency today. Keep it that way. Help your money. charge, coordinating the recovery efforts. city, help your State, help yourself, help Mr. LEWIS of California. Mr. Speak- I predicted that this would happen when the your firefighter by keeping FEMA as an er, I yield myself such time as I may Department of Homeland Security was cre- independent. agency where it belongs and consume to mention, as I did in my ated, with FEMA included in it. I argued has been effective. opening statement, that we have against the inclusion of FEMA and offered an Mr. LEWIS of California. Mr. Speak- changed this a bit by adding $15 million amendment to delete FEMA from the pro- er, I yield 1 minute to the gentleman to make sure our inspector general is posed new department during floor consider- from Illinois (Mr. MANZULLO). assisting us in making sure that every ation of the DOHS bill. Mr. MANZULLO. Mr. Speaker, I rise dollar that will be spent, and it is nec- I include at this point in the RECORD my rein support of H.R. 3673, but as chairman essary to help those people who have marks from the RECORD of July 25, 2002, in of the Committee on Small Business I support of my amendment. want to raise an issue of potential con- been affected by this tragedy, that in- Mr. OBERSTAR. Mr. Chairman, I yield deed it is our intention to ensure to the myself the balance of my time. cern regarding one provision included American public that every dollar is Mr. Chairman, the Brookings Institution in the bill that raises the micropur- spent well. studied this proposal for a Department of chase threshold from $2,500 to $250,000

VerDate Aug 18 2005 04:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.082 H08SEPT1 H7782 CONGRESSIONAL RECORD — HOUSE September 8, 2005 for goods and services used in support Mr. LEWIS of California. Mr. Speak- But I am grateful to the House for its of Hurricane Katrina rescue and relief. er, I reserve the balance of my time. quick action on this matter. Our people We understand the need for giving re- Mr. OBEY. Mr. Speaker, I yield 2 need it. lief and aid to the victims as quickly as minutes to the distinguished gen- Mr. LEWIS of California. Mr. Speak- possible. I also understand that was the tleman from Louisiana (Mr. JEFFER- er, I yield 1 minute to the gentleman reason the administration requested SON). from Pennsylvania (Mr. FATTAH), a inclusion of this provision in the sup- Mr. JEFFERSON. Mr. Speaker, I member of the committee. plemental. thank the gentleman for yielding me Mr. FATTAH. Mr. Speaker, I rise to While the provision in the bill only this time, and I thank the gentleman recognize the fact that Americans deals with the immediate rescue and from California (Mr. LEWIS) for his fine have, through their private contribu- relief operations, I am concerned that, gesture and for the work they have tions, given more in terms of respond- moving forward, we ensure that small done on this appropriations matter. ing to this disaster than any other dis- businesses, particularly those in the We have all seen the devastation in aster in the country’s history, well impacted gulf areas, are able to play a the news of my home district and my over $500 million to date. significant role in the recovery. State of Louisiana and the gulf coast, I would ask the chairman if he would but that is only a pale reflection of the b 1500 be willing to work with me and the ad- destruction my constituents have expe- I recognize the sobering work of our ministration to ensure that our small rienced. Hundreds of thousands of my committee in coming to grips with this businesses are fully utilized and that constituents have been uprooted from supplemental and putting forth tens of we maintain appropriate controls over their homes. More than 100,000 busi- billions of dollars to respond to this contracting. nesses have been shuttered. And hun- crisis. I agree with my colleague from Mr. LEWIS of California. Mr. Speak- dreds, possibly thousands, of lives have Louisiana that there will be a need for er, will the gentleman yield? been lost due to the ravages of Hurri- us to do more, and I, for one, know that Mr. MANZULLO. I yield to the gen- cane Katrina. So words do not describe our committee is prepared to stand and tleman from California. the damage. to respond to this crisis. Mr. LEWIS of California. Mr. Speak- Just last week, this House convened It is unfortunate that our response er, I first want to say that I appreciate in emergency session and appropriated was not as it should have been. As the the gentleman bringing this to our at- $10.5 billion to begin the recovery from President said, the results were inad- tention, as chairman of the Committee this natural disaster. And, remarkably, equate. But I think it is appropriate on Small Business. Indeed, I will be less than a week later, most of that has that the Congress today take this ac- happy to continue working with the been spent or committed. Accordingly, tion, and I want to thank the chairman gentleman over time regarding this we come together today for another $50 and the ranking member for their abil- matter, and I look forward to that ef- billion or so to continue what is a long, ity to work together to bring this bill fort. hard recovery throughout the gulf to the floor and to move it so expedi- Mr. OBEY. Mr. Speaker, I yield my- coast, but particularly in my home- self 2 minutes. tiously in this process. town of New Orleans. Even though imperfect, I hope it will Mr. Speaker, we have all seen the With the passage of this supple- damage done when FEMA is run by in- be made more perfect as we go forward. mental appropriation bill, we have Mr. LEWIS of California. Mr. Speak- competence and when FEMA itself is a committed almost $63 billion to the re- er, I yield for the purpose of making a disabled agency. We must depoliticize covery and reconstruction efforts. But unanimous consent request to the gen- and professionalize the leadership at I want to sound the alarm today, lest tleman from Georgia (Mr. GINGREY). FEMA, and I hope we will have an op- the House become the victim of Hurri- (Mr. GINGREY asked and was given portunity to do that very soon, because cane recovery fatigue. until we do, this money is being spent In normal circumstances, $63 billion permission to revise and extend his re- by a disabled agency. would be a lot of money for recovery marks.) One other point. The news media has and reconstruction. But Hurricane Mr. GINGREY. Mr. Speaker, talked often about those who were left Katrina was no normal hurricane, and I rise today to express my serious concerns behind in New Orleans. They are easy her effects are unprecedented. So I for the process, let me repeat, the process to see because the cameras are there want to make sure that this House and under which these supplemental appropria- and we can see the dead bodies floating this Congress understand that these tions are being considered. in the water. But there are millions of monies are just the beginning, what First, I want to emphatically express my full other Americans in and outside of the the President has called a down pay- support for aiding those lives and those cities region who are also being left behind in ment on the long-term commitment to devastated by Hurricane Katrina. Having been our schools. They are being left behind the recovery and revival of the areas to Baton Rouge, having physically worked with in health care. They are being left be- decimated by Hurricane Katrina. the victims, there is no doubt in my mind that hind on Medicaid. Reliable economic estimates suggest these people need our help. I would hope that this Congress that the total Federal cost of the re- However, Mr. Speaker, we should help them would have the decency to set aside its construction and recovery of the af- in a responsible and thoughtful manner. There plans to provide billions of dollars in fected areas will be in the neighbor- is no question that time is of the essence, but additional tax cuts for the most hood of $225 billion, with $100 billion re- we are not talking about pocket change, $50 wealthy and the most prosperous and quired to clean up, reconstruct, reset- billion is not pocket change, Mr. Speaker, and comfortable among us while the needs tle and revive my hometown of New Or- fellow members of this body, we have a Con- of so many are so apparent and while leans. In other words, the almost $52 stitutional duty to spend the people’s money so many Americans are indeed still billion we are allocating today, while very carefully and with deliberate consider- being left behind in the affected area needed and wonderful, and we are ation. Even in times of crisis, a blank check and in other regions of our country. grateful that we are doing it, and I ap- does not guarantee results and can often lead Mr. Speaker, I would also hope that preciate everything that is being done to wasteful spending. Wasteful spending will we could come to an agreement that in here, it is just a down payment. not save one life. Wasteful spending will not a matter this serious, the most serious I wanted to say one other thing today rebuild one destroyed house, will not clear one disaster that has ever affected this that concerns me, and I hope we can fix single road, and will not feed one starving country, this Congress would find a it up later. The bill, as it is presently child. way to deal with these issues in a bi- set up, raises the cap on government Furthermore, Mr. Speaker, I urge my col- partisan and consultive fashion. If you emergency micropurchases from $15 leagues in both this House and especially in want cooperation, you need to extend million to $250 million. This may work the Senate to refrain from tacking on any pork. cooperation. This is too important for to the detriment of small businesses This supplemental should not be a gravy train this business to be handled any other and prevent them from participating in for any special or individual interests. way. this program. This is something we Every member of this body should condition Mr. Speaker, I reserve the balance of cannot let happen, and I hope we will their support of this supplemental upon strict my time. fix this up as the bill moves along. oversight and follow up with sound policy

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\K08SE7.085 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7783 changes. We cannot just throw billions of dol- the military who knows organization people. In order to do that job, there lars at this catastrophe or any catastrophe for and leadership, not someone who has are so many people who are so much that matter. absolutely no credentials for the job. more important than Members of Con- Mr. Speaker, we need to follow-up these This is important. It is not a question gress in all of this: public employees, dollars with thorough oversight and investiga- of criticizing, it is a question of chang- firefighters, police officers, health care tion to make sure that every penny, I repeat, ing the situation so that we can better professionals, public and private sector every penny goes to help the victims. And, we meet the needs of the people who are people out there, who are great heroes, need to cut down every unnecessary piece of suffering out there, and to do it before great heroes. They saved lives, and red tape in the process, such as suspending we have more unnecessary suffering. some of them gave their lives to help the requirements of the Davis-Bacon Act to I believe that we had two disasters: others. help the reconstruction of this devastated one, a natural one; the second one, a Responding to the Gospel of this past area. Let’s untie the hands of those who are man-made disaster, a disaster made by Sunday, the 23rd Sunday after Easter, ready to help and rebuild. We have enough the mistakes of FEMA following Hurri- the Gospel of Matthew about the com- obstacles to overcome as it is. We don’t need cane Katrina. mandment where Matthew says, ‘‘the any kind of bureaucratic surcharge on saving This is something we can do imme- greatest of these is love, to love thy lives. diately. This is something we can do neighbor as thyself.’’ We will be tested Mr. Speaker, I want to again caution my col- immediately because here we are on on these as we go ahead to see if we are leagues. Let’s get help to the people in need the floor of Congress appropriating $50 smart enough to help people in a way but let’s do so in a responsible and sound billion to an agency which has a record that enables them to take control of manner. The American people expect no less of poor performance and a leadership their lives as soon as possible. of us, and we owe them no less. without qualifications for the job. If We have proposals the Democrats Mr. OBEY. Mr. Speaker, I yield the you need any further evidence of the would have liked to offer today to cut balance of my time to the gentle- lack of performance, you need only the red tape, to improve the perform- woman from California (Ms. PELOSI), look to last week. ance of FEMA, for there to be job cre- the distinguished minority leader. So why could we not have had legis- ation in the region, to stop price The SPEAKER pro tempore (Mr. lation come to the committee of juris- gouging at the pump for gasoline and BASS). The gentlewoman from Cali- diction, the committee of the gen- to have qualified, qualified, leadership fornia is recognized for 1 minute. tleman from California (Mr. LEWIS), in the roles. Ms. PELOSI. Mr. Speaker, this is in- and the ranking member, the gen- So this is all a question of our judg- deed a solemn occasion for Congress, tleman from Wisconsin (Mr. OBEY), ment. Is the performance that we saw when we come together to help people where the considerable talent on both last week up to standard for us? I do in our country who have suffered great- sides of the aisle could have subjected not think so, because it did not meet ly in a way that will take a very long this request to scrutiny, how is this the needs of the American people. time to repair. What they expect of us money being sent, what is the account- When we are little, I think it was is for us to perform our Federal role in ability of it? high school, but now it is probably This is $50 billion on top of $10.5 bil- a manner that would honor the social grade school, that children are reading lion last week, which was brought to compact between the Federal Govern- John Donne, ‘‘No Man is an Island,’’ the floor with 5 minutes of debate on ‘‘For Whom the Bell Tolls.’’ But I ment and the people in need in our each side. That is all that was allowed thought of it so much as we see these country. before the bill was voted on. What are I just heard on the news, and it is lasting impressions of Mississippi, just we afraid of? What are we afraid of? very sobering, that about 14 bodies obliterated on its coastline, and New What is this Congress afraid of, that we Orleans inundated and Alabama so af- were found at Memorial Hospital in will not allow our congressional com- fected, and even parts of Florida, and New Orleans. Last night we heard that mittees to review the request, to estab- the incredible generosity of all of the 30 bodies were found at the nursing lish accountability, to bring its exper- States receiving evacuees as guests in home there as well. These, and many, tise to bear on it? their State. many other deaths, are a sad tragedy So, obviously we are all going to vote I think the optimism, the goodness, for our country, for those people, of for this. It is very, very important for the compassion of the American people course, and for their families. So it people to understand that whatever our is the greatest force for good in our would be my hope that we could send differences on how the money gets to country, and God bless them for their out the best possible message to the them that those differences do not goodness. people of our country, that the Con- stand in the way of probably what will But, again, for whom the bell tolls, gress is coming together in the manner be a unanimous vote in this House. But as we look at the tragedy in the gulf that we did after 9/11 to work in a non- it is a lot of money, and it is not the coast States, it is clear that we are see- partisan way, a bipartisan way, to help end. We will be having more requests ing a mirror of our country; and if ever meet their needs. from the administration, I am sure, there was an occasion where the bell We had an opportunity to do that and when we do, I hope that they will was tolling and we would ask the ques- today. Sadly, it was a missed oppor- have the confidence in their request to tion for whom the bell tolls, it does toll tunity, because there was not a chance send their request to the committee of for each and every one of us, because for amendment to the legislation that jurisdiction, so that there can be ap- every one of those deaths does dimin- is on the floor now. The opportunity propriate congressional review, public ish, as the poem goes, every one of us. would have been there to subject comment and, again, the account- So I hope the families in America FEMA to the scrutiny that it should be ability and oversight that Congress has know that the staggering numbers are subjected to and to take action to cor- the responsibility to perform. just appalling to us, but we think of rect the situation. This is a democracy, the United them one family at a time and want to FEMA is the link between the Fed- States of America, the greatest democ- make decisions that address their eral Government and the American racy in the history of the world, and we needs one family at a time. people and the social compact. Unfor- are being governed by decree. The Mr. Speaker, with that, I will vote tunately, this time it was a weak link. President decides on a figure, he sends for this. I would hope, again, that fu- But there is something that can be it over, we do not even get a chance to ture appropriations requests for done about it. It can be moved from the look at it much before we are called Katrina will be presented in a timely Department of Homeland Security to upon to vote on it, again bypassing the fashion that will enable us to review be an independent agency, as it was be- committees of jurisdiction. I cannot them, to have some accountability fore; and it could have the proper lead- imagine that is okay with the Com- from FEMA on how this money is ership running FEMA. mittee on Appropriations. As a long- spent, so that we can honor our oath of I call upon the President to remove time member of the committee, I cer- office that we take to protect and de- Michael Brown, the current director, tainly hope it is not. fend the Constitution, yes, but to pro- and put in there a person of capability But the bigger issue, the bigger issue, vide for the safety of the American and credentials, perhaps someone from is how we do the job for the American people.

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.037 H08SEPT1 H7784 CONGRESSIONAL RECORD — HOUSE September 8, 2005 Mr. LEWIS of California. Mr. Speak- So, as is normal about me, I decided ways to take care of these people, find er, I yield myself such time as I may to do something about these frustra- them the clothes, the shoes, the dia- consume. tions, and I went to Baton Rouge where pers, the food, the water, find them the Mr. Speaker, as I go about intro- the control center was. I wanted to see cots that they need, find them the ducing my final speaker, I was very im- the organization, the system, how was health care system that they need, find pressed by the gentlewoman’s com- it working, what was going on on the them a military officer or a wonderful ments and her willingness to work in a ground. soldier to go down and pull them out of bipartisan way regarding the challenge b 1515 a house, find them the Coast Guard ahead of us. helicopter to go and pull them off the I wanted to mention to her we have I get into Baton Rouge, and I quickly top of the house, find the wherewithal been looking very seriously at the realize that Baton Rouge was the big- in just a day or so to plug up the lev- problems in the region of the gulf for a gest brunt of the third disaster because ees. I mean, you can either point your long time. In the last 5 years, the Con- Baton Rouge, which I think is a city of finger or you can see what happened. gress has appropriated some $1.9 billion about 500,000 people, all of a sudden saw The mirror of America that I saw was for flood control in Louisiana. I might within one day their population double. the most incredible outpouring of mention only $1.4 billion has been ap- Double. And yet they were able to han- America that I have seen in my life- propriated for all of California, seven dle it. Sure, there were problems. Sure, time. All over this country, all over times the population. So we have been there was suffering. But Baton Rouge this country, people immediately got truly focusing upon that region. citizens opened their arms and brought trucks and filled them up and drove Just last Friday, as you know, we these people in. That was the first 2,000 miles. One of our own Members passed a $10.5 billion package for this place that people could come, coming did that from Nevada. Two thousand immediate crisis, and today we have out of New Orleans. miles. This happened all over the coun- over a $50 billion package before us. So Then from there they went to Lafay- try. Bringing supplies, bringing their the Congress is attempting to focus ette, and they received another big hearts, bringing themselves and put- upon this very real challenge. brunt of the third disaster, and they ting themselves in harm’s way, espe- I am very happy that the gentle- handled it. Sure, there were frustra- cially in the case of New Orleans. I woman recognizes that we do need to tions all over the place and there was, mean, it was unbelievable. work together in terms of finding the frankly, a breakdown in the system. Our first responders from all over the why of all of this, but right now it is The system is designed, if it works Nation are down in Mississippi and most important to respond to the chal- properly, from the bottom up. The sys- Louisiana and Alabama. People are lenges and needs of the American peo- tem depends on the local government, opening their doors to the people that ple in danger. whether it be mayor or county, dealing need it. Can the Members imagine, and Mr. Speaker, I yield 1 minute to the with whatever disaster problem they I do not know exactly what the total gentleman from Texas (Mr. DELAY), have; and when they find out they can- population of the disaster is, but I the majority leader of the House. not deal with it, they go to the next would imagine it is around 4 million Mr. DELAY. Mr. Speaker, I thank the level of government, to the Governor people, 4 or 5 million people, but this gentleman for yielding me time, and I and to the State to help them out. And country absorbed 4 to 5 million people appreciate him and the gentleman then when neither the State nor the overnight. That is an incredible accom- from Wisconsin working together on locals can deal with it, they come to plishment. And we ought to be proud of this package and bringing it to the the Federal Government. that. And what are we doing in Wash- floor. It is incredibly important to a That is how the system is supposed ington? We are pointing fingers. We are lot of people that are suffering. to work. That is how it is set up. And talking about process. We are doing the I have to begin my remarks by tell- when that breaks down, everything things that, frankly, disgust people ing a little bit about myself and what breaks down because we have to realize when they see it on television. I have been doing, to give you an idea that every hour is absolutely precious Now, we have chosen to push that all that I know from what I speak. I was after a disaster. I have seen this my en- aside because there is plenty of time raised on the gulf coast. I have been tire life. Every hour certain things for that later. What is important right through many hurricanes. I have have to happen. But when we have a now, I mean we are not even out of the watched responses to many hurricanes. situation where people will not make a save-the-life phase. We still have peo- I have watched the ability to respond decision, we have lost that hour and we ple in New Orleans that we are finding to many hurricanes. I understand what are into the next hour, and then we and pulling out of these houses. the response is supposed to be. have to circle around and come back The next phase is called the recovery I also in this particular case come into the first hour to clean up the mess phase, and we are sort of in that in cer- from Houston, Texas, and I am incred- while we are trying to handle and tain parts of the country, especially in ibly proud of my fellow citizens in the catch up to the other hours. And then Mississippi and in Alabama. We ought Houston-Galveston region in opening when it really starts breaking down, to be focused on that. These people are their arms and their compassion and entire chaos happens. And in this case, out in these shelters. Can the Members wallets and resources and homes to it was not entire chaos. I would de- imagine, in the Astrodome. Look at those that are in need, especially our scribe it as organized chaos. It was your television. There are 10,000 people brothers and sisters from Louisiana. pretty messy. or more on the floor of the Astrodome But we also consider that the third Now, you can look at this disaster living next to each other. That is disaster. The first disaster was the hur- two different ways. You can offer noth- unsustainable. We have to do some- ricane, the second disaster was the ing constructive except blaming when thing with these people. We have to floods in New Orleans, and the third people need services at the moment give them hope for the rest of their disaster was what do you do with over and you spend your time and your car- lives. They are asking the question, 2 million people in a very short period ing time pointing fingers or making as- What do I do tomorrow? And we have of time? And in just days, Houston put sumptions or calling for complete to give them that answer. What do I do together a virtual city for 60,000 people. changes in government, and you spend next week? What do I do a month from Then I went through the same frus- all your time and energy focused on now? How do I get my kids in school? trations that many of those on the that. Where do I find my wife? In some cases, ground in New Orleans and Mississippi Or you can understand that there are where do I find my pet, my dog? What and Louisiana and Alabama went problems when we have 2 million peo- do I do tomorrow? I have no money. My through, because you are dealing with ple or we have three States in dire need bank is closed. This hit me at the end the same things; you are dealing with as if they were at war and deal with the of the month, and I am out of money. the same people, FEMA, the Federal problems and the frustrations at that What do I do? Government, State government, city time that we find them and find an- We have got the answer because we government, all governments, and you swers immediately and move forward are focused on answering those ques- run into the same frustrations. and find ways to fix them and find tions. We are focused on giving them

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.091 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7785 the relief that they need. We have to tantly, we should be proud of ourselves. Hayes McGovern Rush Hayworth McHenry Ryan (OH) give them the relief they need so that We should be proud of our American Hefley McHugh Ryan (WI) they can start planning their lives. One brothers and sisters. Hensarling McIntyre Ryun (KS) does not sit around after a disaster and Mr. LEWIS of California. Mr. Speak- Herger McKeon Sabo not have some way of knowing how er, I have no further requests for time, Herseth McKinney Salazar Higgins McMorris Sa´ nchez, Linda they are going to get back into a and I yield back the balance of my Hinchey McNulty T. house, how they are going to be able to time. Hinojosa Meehan Sanders have a little privacy. The SPEAKER pro tempore (Mr. Hobson Meek (FL) Saxton They are living on the floor of the Hoekstra Meeks (NY) Schakowsky THORNBERRY). The question is on the Holden Melancon Schiff Astrodome with 16,000 other people. motion offered by the gentleman from Holt Menendez Schmidt There is no privacy on the floor of the California (Mr. LEWIS) that the House Honda Mica Schwartz (PA) Astrodome. They have got to have suspend the rules and pass the bill, Hooley Michaud Schwarz (MI) some way of knowing what is going to Hoyer Millender- Scott (GA) H.R. 3673. Hulshof McDonald Scott (VA) happen to them tomorrow. We have fo- The question was taken. Hunter Miller (FL) Serrano cused on that. And bringing this bill to Hyde Miller (MI) Sessions The SPEAKER pro tempore. In the Inglis (SC) Miller (NC) the floor pays for a lot of it. opinion of the Chair, two-thirds of Shadegg I know the American people, some of Inslee Miller, Gary Shaw those present have voted in the affirm- Israel Miller, George Shays them, are worrying about all this ative. Issa Mollohan Sherman Istook Moore (KS) money. Mr. Speaker, 5 million people, 5 Mr. OBEY. Mr. Speaker, I object to Sherwood million Americans, deserve our finding Jackson (IL) Moore (WI) Shimkus the vote on the ground that a quorum Jackson-Lee Moran (KS) a way to make them whole. We are not Shuster is not present and make the point of (TX) Moran (VA) Simmons even asking to make them whole. That order that a quorum is not present. Jefferson Murphy Simpson was a misstatement. What we are ask- Jenkins Murtha Skelton The SPEAKER pro tempore. Evi- Jindal Musgrave ing is to give them a little hope over Slaughter dently a quorum is not present. Johnson (CT) Myrick Smith (NJ) the next few weeks so that we can take Johnson (IL) Nadler Smith (TX) The Sergeant at Arms will notify ab- Johnson, E. B. Napolitano care of their needs and get them back Smith (WA) sent Members. Johnson, Sam Neal (MA) up and running again. Snyder Jones (NC) Neugebauer Pursuant to clause 8 of rule XX, this Sodrel Now, some would say we need to take Jones (OH) Ney 15-minute vote on H.R. 3673 will be fol- Solis over their lives and dictate to them Kanjorski Northup Souder lowed by 5-minute votes on H.R. 3669, Kaptur Norwood and tell them what to do and put them Spratt Keller Nunes H.R. 3668, H. Res. 428, and H. Res. 427, Stark back. That is not what we are talking Kelly Nussle all by the yeas and nays. Stearns about here. We are talking about the Kennedy (MN) Oberstar Strickland very essentials that we need for the re- The vote was taken by electronic de- Kennedy (RI) Obey vice, and there were—yeas 410, nays 11, Kildee Ortiz Stupak covery process and the beginning of the Sullivan not voting 12, as follows: Kilpatrick (MI) Osborne rebuilding process. And it is expensive Kind Owens Sweeney because there are a lot of people, and [Roll No. 460] King (NY) Oxley Tanner Tauscher there was an incredible amount of dam- YEAS—410 Kingston Pallone Kirk Pascrell Taylor (NC) age. Abercrombie Cantor Doyle Kline Pastor Terry We are not just writing a blank Ackerman Capito Drake Knollenberg Payne Thomas check. We have got some safeguards. Aderholt Capps Dreier Kolbe Pearce Thompson (CA) We have got safeguards built into this Akin Capuano Duncan Kucinich Pelosi Thompson (MS) Alexander Cardin Edwards Kuhl (NY) Pence Thornberry bill, and we have got safeguards built Allen Cardoza Ehlers LaHood Peterson (MN) Tiahrt into the law that already exists so that Andrews Carnahan Emanuel Langevin Peterson (PA) Tiberi they can only spend money on things Baca Carson Emerson Lantos Petri Tierney Bachus Carter Engel Towns that should be spent on and not be friv- Larsen (WA) Pickering Baird Case English (PA) Larson (CT) Pitts Turner olous about it and throw it away. Sure, Baldwin Castle Eshoo Latham Platts Udall (CO) there is going to be wasted money. We Barrett (SC) Chabot Etheridge LaTourette Poe Udall (NM) cannot deal with 5 million people and Barrow Chandler Evans Leach Pombo Upton Bartlett (MD) Chocola Farr Lee Pomeroy Van Hollen not waste some money. But the bulk of Bass Clay Fattah Levin Porter Vela´ zquez the money is going to go to the people Bean Cleaver Feeney Lewis (CA) Price (GA) Visclosky and the process and the property that Beauprez Clyburn Ferguson Lewis (GA) Price (NC) Walden (OR) Becerra Coble Filner deserve it to get back on their feet. Lewis (KY) Pryce (OH) Walsh Berman Cole (OK) Fitzpatrick (PA) Linder Putnam Wamp This is incredibly important, and it Berry Conyers Foley Lipinski Radanovich Wasserman is too important to play politics with. Biggert Cooper Forbes LoBiondo Rahall Schultz It is too important to point fingers at. Bilirakis Costa Ford Lofgren, Zoe Ramstad Waters Bishop (GA) Costello Fortenberry It is too important to second-guess. It Lowey Rangel Watson Bishop (NY) Cramer Fossella Lucas Regula Watt is easy to be a Monday morning quar- Bishop (UT) Crenshaw Frank (MA) Lungren, Daniel Rehberg Waxman terback, but you should have been in Blackburn Crowley Franks (AZ) E. Reichert Weiner that control room where those people Blumenauer Cubin Frelinghuysen Lynch Renzi Weldon (FL) Blunt Cuellar Gallegly Mack Reyes Weldon (PA) were making life and death decisions, Boehlert Culberson Gerlach Manzullo Reynolds Weller people that stayed up and got no sleep Boehner Cummings Gibbons Marchant Rogers (AL) Wexler and very little food for 5 to 6 days Bonilla Cunningham Gilchrest Markey Rogers (KY) Whitfield Bonner Davis (AL) Gillmor straight trying to make the right deci- Marshall Rogers (MI) Wicker Bono Davis (CA) Gingrey Matheson Rohrabacher Wilson (NM) sions to save people. Boozman Davis (FL) Gohmert Matsui Ros-Lehtinen Wilson (SC) And what happens when we come up Boren Davis (IL) Gonzalez McCarthy Ross Wolf here? They point the finger. You did Boswell Davis (KY) Goode McCaul (TX) Rothman Woolsey Boucher Davis (TN) Goodlatte McCollum (MN) Roybal-Allard Wu not make the right decision here. You Boustany Davis, Jo Ann Gordon McCotter Royce Wynn did not take care of needs there. You Boyd Davis, Tom Granger McDermott Ruppersberger Young (FL) did not do this; you did not do that. Bradley (NH) Deal (GA) Graves Brady (PA) DeFazio Green (WI) NAYS—11 The point is if we look at the big pic- Brown (OH) DeGette Green, Al ture, it is a phenomenal accomplish- Brown (SC) Delahunt Green, Gene Barton (TX) Hostettler Sensenbrenner ment by everybody involved. It is unbe- Brown, Corrine DeLauro Grijalva Flake King (IA) Tancredo Brown-Waite, DeLay Gutierrez Foxx Otter Westmoreland lievable. I am constantly struck by Ginny Dent Gutknecht Garrett (NJ) Paul where we are today, just a little over a Burgess Diaz-Balart, L. Hall NOT VOTING—12 week from the worst catastrophe that Burton (IN) Diaz-Balart, M. Harman this country has seen, I guess, cer- Buyer Dicks Harris Baker Conaway Olver Calvert Dingell Hart Berkley Everett Sanchez, Loretta tainly in recent history. We ought to Camp Doggett Hastings (FL) Brady (TX) Maloney Taylor (MS) be proud about that; and, most impor- Cannon Doolittle Hastings (WA) Butterfield McCrery Young (AK)

VerDate Aug 18 2005 02:03 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.094 H08SEPT1 H7786 CONGRESSIONAL RECORD — HOUSE September 8, 2005 b 1547 Hinchey McMorris Sabo b 1556 Hinojosa McNulty Salazar Mr. NADLER and Mr. GILCHREST Hobson Meek (FL) Sa´ nchez, Linda So (two-thirds having voted in favor changed their vote from ‘‘nay’’ to Hoekstra Meeks (NY) T. thereof) the rules were suspended and ‘‘yea.’’ Holden Melancon Sanders the bill was passed. Holt Menendez Saxton So (two-thirds having voted in favor Honda Mica Schakowsky The result of the vote was announced thereof) the rules were suspended and Hooley Michaud Schiff as above recorded. the bill was passed. Hostettler Millender- Schmidt A motion to reconsider was laid on Hoyer McDonald Schwartz (PA) The result of the vote was announced Hulshof Miller (FL) Schwarz (MI) the table. as above recorded. Hunter Miller (MI) Scott (GA) Stated for: A motion to reconsider was laid on Hyde Miller (NC) Scott (VA) Mr. FILNER. Mr. Speaker, on rollcall No. the table. Inglis (SC) Miller, Gary Sensenbrenner 461, on H.R. 3669, I was in route to my Con- Inslee Miller, George Serrano Israel Mollohan gressional District on official business. Had I f Sessions Istook Moore (KS) Shadegg been present, I would have voted ‘‘yea.’’ Jackson (IL) Moore (WI) Shaw NATIONAL FLOOD INSURANCE Jackson-Lee Moran (KS) Shays f PROGRAM ENHANCED BOR- (TX) Moran (VA) Sherman Jefferson Murphy Sherwood STUDENT GRANT HURRICANE AND ROWING AUTHORITY ACT OF 2005 Jenkins Murtha Shimkus DISASTER RELIEF ACT The SPEAKER pro tempore (Mr. Jindal Musgrave Shuster Johnson (CT) Myrick Simmons The SPEAKER pro tempore. The THORNBERRY). The pending business is Johnson (IL) Nadler Simpson pending business is the question of sus- the question of suspending the rules Johnson, E. B. Napolitano Skelton and passing the bill, H.R. 3669. Johnson, Sam Neal (MA) Slaughter pending the rules and passing the bill, The Clerk read the title of the bill. Jones (NC) Neugebauer Smith (NJ) H.R. 3668. Jones (OH) Ney Smith (TX) The SPEAKER pro tempore. The Kanjorski Northup The Clerk read the title of the bill. Smith (WA) The SPEAKER pro tempore. The question is on the motion offered by Keller Norwood Snyder Kelly Nunes the gentleman from Ohio (Mr. NEY) Sodrel question is on the motion offered by Kennedy (MN) Nussle Solis the gentleman from Louisiana (Mr. that the House suspend the rules and Kennedy (RI) Oberstar Souder pass the bill, H.R. 3669, on which the Kildee Obey BOUSTANY) that the House suspend the Spratt Kilpatrick (MI) Ortiz rules and pass the bill, H.R. 3668, on yeas and nays are ordered. Stark Kind Osborne Stearns which the yeas and nays are ordered. This will be a 5-minute vote. King (IA) Otter Strickland The vote was taken by electronic de- King (NY) Owens This will be a 5-minute vote. Stupak Kingston Oxley The vote was taken by electronic device, and there were—yeas 416, nays 0, Sullivan Kirk Pallone not voting 17, as follows: Sweeney vice, and there were—yeas 414, nays 0, Kline Pascrell not voting 19, as follows: [Roll No. 461] Knollenberg Pastor Tancredo Kolbe Paul Tanner [Roll No. 462] YEAS—416 Tauscher Kucinich Payne YEAS—414 Abercrombie Capuano Emanuel Kuhl (NY) Pearce Taylor (NC) Ackerman Cardin Emerson LaHood Pelosi Terry Abercrombie Capps Edwards Aderholt Cardoza Engel Langevin Pence Thomas Ackerman Capuano Ehlers Akin Carnahan English (PA) Lantos Peterson (MN) Thompson (CA) Aderholt Cardin Emanuel Alexander Carson Eshoo Larsen (WA) Peterson (PA) Thompson (MS) Akin Cardoza Emerson Allen Carter Etheridge Larson (CT) Petri Thornberry Alexander Carnahan Engel Andrews Case Evans Latham Pickering Tiahrt Allen Carson English (PA) Baca Castle Farr LaTourette Pitts Tiberi Andrews Carter Eshoo Bachus Chabot Fattah Leach Platts Tierney Baca Case Etheridge Baird Chandler Feeney Lee Poe Towns Bachus Castle Evans Baldwin Chocola Ferguson Levin Pombo Turner Baird Chabot Farr Barrett (SC) Clay Fitzpatrick (PA) Lewis (CA) Pomeroy Udall (CO) Baldwin Chandler Fattah Barrow Cleaver Flake Lewis (GA) Porter Udall (NM) Barrett (SC) Chocola Feeney Bartlett (MD) Clyburn Foley Lewis (KY) Price (GA) Upton Barrow Clay Ferguson Barton (TX) Coble Forbes Linder Price (NC) Van Hollen Bartlett (MD) Cleaver Fitzpatrick (PA) Bass Cole (OK) Ford Lipinski Pryce (OH) Vela´ zquez Barton (TX) Clyburn Flake Bean Conyers Fortenberry LoBiondo Putnam Visclosky Bass Coble Foley Beauprez Cooper Fossella Lofgren, Zoe Radanovich Walden (OR) Bean Cole (OK) Forbes Becerra Costa Foxx Lowey Rahall Walsh Beauprez Conyers Ford Berman Costello Frank (MA) Lucas Ramstad Wamp Becerra Cooper Fortenberry Berry Cramer Franks (AZ) Lungren, Daniel Rangel Wasserman Berman Costa Fossella Biggert Crenshaw Frelinghuysen E. Regula Schultz Berry Costello Foxx Bilirakis Crowley Gallegly Lynch Rehberg Waters Biggert Cramer Frank (MA) Bishop (NY) Cubin Garrett (NJ) Mack Reichert Watson Bilirakis Crenshaw Franks (AZ) Bishop (UT) Cuellar Gerlach Manzullo Renzi Watt Bishop (GA) Crowley Frelinghuysen Blackburn Culberson Gibbons Marchant Reyes Waxman Bishop (NY) Cubin Gallegly Blumenauer Cummings Gilchrest Markey Reynolds Weiner Bishop (UT) Cuellar Garrett (NJ) Blunt Cunningham Gillmor Marshall Rogers (AL) Weldon (FL) Blackburn Culberson Gerlach Boehlert Davis (AL) Gingrey Matheson Rogers (KY) Weldon (PA) Blunt Cummings Gibbons Boehner Davis (CA) Gohmert Matsui Rogers (MI) Weller Boehlert Cunningham Gilchrest Bonilla Davis (FL) Gonzalez McCarthy Rohrabacher Westmoreland Boehner Davis (AL) Gillmor Bonner Davis (IL) Goode McCaul (TX) Ros-Lehtinen Wexler Bonilla Davis (CA) Gingrey Bono Davis (KY) Goodlatte McCollum (MN) Ross Whitfield Bonner Davis (FL) Gohmert Boozman Davis (TN) Gordon McCotter Rothman Wicker Bono Davis (IL) Gonzalez Boren Davis, Jo Ann Granger McDermott Roybal-Allard Wilson (NM) Boozman Davis (KY) Goode Boswell Davis, Tom Graves McGovern Royce Wilson (SC) Boren Davis (TN) Goodlatte Boucher Deal (GA) Green (WI) McHenry Ruppersberger Wolf Boswell Davis, Jo Ann Gordon Boustany DeFazio Green, Al McHugh Rush Woolsey Boucher Davis, Tom Granger Boyd DeGette Green, Gene McIntyre Ryan (OH) Wu Boustany Deal (GA) Graves Bradley (NH) Delahunt Grijalva McKeon Ryan (WI) Wynn Boyd DeFazio Green (WI) Brady (PA) DeLauro Gutierrez McKinney Ryun (KS) Young (FL) Bradley (NH) DeGette Green, Al Brown (OH) DeLay Gutknecht Brady (PA) Delahunt Green, Gene Brown (SC) Dent Hall NOT VOTING—17 Brown (OH) DeLauro Grijalva Brown, Corrine Diaz-Balart, L. Harman Baker Everett Meehan Brown (SC) DeLay Gutierrez Brown-Waite, Diaz-Balart, M. Harris Berkley Filner Olver Brown, Corrine Dent Gutknecht Ginny Dicks Hart Brown-Waite, Diaz-Balart, L. Hall Bishop (GA) Issa Sanchez, Loretta Burgess Dingell Hastings (FL) Ginny Diaz-Balart, M. Harman Brady (TX) Kaptur Taylor (MS) Burton (IN) Doggett Hastings (WA) Burgess Dicks Harris Butterfield Maloney Young (AK) Buyer Doolittle Hayes Conaway McCrery Burton (IN) Dingell Hart Calvert Doyle Hayworth Buyer Doggett Hastings (FL) Camp Drake Hefley ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Calvert Doolittle Hastings (WA) Cannon Dreier Hensarling The SPEAKER pro tempore (during Camp Doyle Hayes Cantor Duncan Herger Cannon Drake Hayworth Capito Edwards Herseth the vote). Members are advised that 2 Cantor Dreier Hefley Capps Ehlers Higgins minutes remain in this vote. Capito Duncan Hensarling

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.095 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7787 Herger McIntyre Ryan (WI) bers are advised that 2 minutes remain Franks (AZ) LoBiondo Rogers (MI) Herseth McKeon Ryun (KS) in this vote. Frelinghuysen Lofgren, Zoe Rohrabacher Higgins McKinney Sabo Gallegly Lowey Ros-Lehtinen Hinchey McMorris Salazar Garrett (NJ) Lucas Ross Hinojosa McNulty Sa´ nchez, Linda b 1605 Gerlach Lungren, Daniel Rothman Hobson Meek (FL) T. So (two-thirds having voted in favor Gibbons E. Roybal-Allard Hoekstra Meeks (NY) Sanders thereof) the rules were suspended and Gilchrest Mack Royce Holden Melancon Saxton Gillmor Manzullo Ruppersberger Holt Menendez Schakowsky the bill was passed. Gingrey Marchant Rush Honda Mica Schiff The result of the vote was announced Gohmert Markey Ryan (OH) Hooley Michaud Schmidt Gonzalez Marshall Ryan (WI) Hostettler Millender- Schwartz (PA) as above recorded. Goode Matheson Ryun (KS) Hoyer McDonald Schwarz (MI) A motion to reconsider was laid on Goodlatte Matsui Sabo Hulshof Miller (FL) Scott (GA) the table. Gordon McCarthy Salazar Hunter Miller (MI) Scott (VA) Stated for: McCaul (TX) ´ Hyde Miller (NC) Sensenbrenner Granger Sanchez, Linda Inglis (SC) Miller, Gary Serrano Mr. FILNER. Mr. Speaker, on rollcall No. Graves McCollum (MN) T. Inslee Miller, George Sessions 462, on H.R. 3668, I was in route to my Con- Green (WI) McCotter Sanders Green, Al McDermott Saxton Israel Mollohan Shadegg gressional District on official business. Had I Istook Moore (KS) Shaw Green, Gene McGovern Schakowsky Jackson (IL) Moore (WI) Shays been present, I would have voted ‘‘yea.’’ Grijalva McHenry Schiff Jackson-Lee Moran (KS) Sherman Gutierrez McHugh Schmidt (TX) Moran (VA) Sherwood f Gutknecht McIntyre Schwartz (PA) Jefferson Murphy Shimkus Hall McKinney Schwarz (MI) Jenkins Murtha Shuster EXPRESSING SINCERE GRATITUDE Harman McMorris Scott (GA) Jindal Musgrave Simmons OF THE HOUSE OF REPRESENTA- Harris McNulty Scott (VA) Johnson (CT) Myrick Simpson TIVES TO FOREIGN ENTITIES Hart Meek (FL) Sensenbrenner Johnson (IL) Nadler Skelton THAT HAVE OFFERED ASSIST- Hastings (FL) Meeks (NY) Serrano Johnson, E. B. Napolitano Slaughter Hastings (WA) Melancon Sessions Johnson, Sam Neal (MA) Smith (NJ) ANCE AND SUPPORT TO THOSE Hayes Menendez Shadegg Jones (NC) Neugebauer Smith (TX) AFFECTED BY HURRICANE Hayworth Mica Shaw Jones (OH) Ney Smith (WA) KATRINA Hefley Michaud Shays Kanjorski Northup Snyder Hensarling Millender- Sherman Keller Norwood Sodrel The SPEAKER pro tempore. The Herger McDonald Sherwood Kelly Nunes Solis pending business is the question of sus- Herseth Miller (FL) Shimkus Kennedy (MN) Nussle Souder Higgins Miller (MI) Shuster Kennedy (RI) Oberstar Spratt pending the rules and agreeing to the Hinchey Miller (NC) Simmons Kildee Obey Stark resolution, H. Res. 428. Hinojosa Miller, George Simpson Kilpatrick (MI) Ortiz Stearns The Clerk read the title of the resolu- Mollohan Skelton Kind Osborne Strickland Hobson Moore (KS) King (IA) Otter Stupak tion. Hoekstra Slaughter King (NY) Owens Sullivan The SPEAKER pro tempore. The Holden Moore (WI) Smith (NJ) Kingston Oxley Sweeney question is on the motion offered by Holt Moran (KS) Smith (TX) Honda Moran (VA) Smith (WA) Kirk Pallone Tancredo the gentleman from Iowa (Mr. LEACH) Kline Pascrell Tanner Hooley Murphy Snyder Knollenberg Pastor Tauscher that the House suspend the rules and Hostettler Murtha Sodrel Kolbe Paul Taylor (NC) agree to the resolution, H. Res. 428, on Hoyer Musgrave Solis Kucinich Payne Terry which the yeas and nays are ordered. Hulshof Myrick Souder Kuhl (NY) Pearce Thomas Hunter Nadler Spratt LaHood Pelosi Thompson (CA) This will be a 5-minute vote. Hyde Napolitano Stark Langevin Pence Thompson (MS) The vote was taken by electronic de- Inglis (SC) Neal (MA) Stearns Lantos Peterson (MN) Thornberry vice, and there were—yeas 410, nays 0, Inslee Neugebauer Strickland Larsen (WA) Peterson (PA) Tiahrt not voting 23, as follows: Israel Ney Stupak Larson (CT) Petri Tiberi Istook Northup Sullivan Latham Pitts Tierney [Roll No. 463] Jackson (IL) Norwood Sweeney LaTourette Platts Turner YEAS—410 Jackson-Lee Nunes Tancredo Leach Poe Udall (CO) (TX) Nussle Tanner Abercrombie Brown-Waite, Davis (KY) Lee Pombo Udall (NM) Oberstar Ackerman Ginny Davis (TN) Jefferson Tauscher Levin Pomeroy Upton Obey Aderholt Burgess Davis, Jo Ann Jenkins Taylor (NC) Lewis (CA) Porter Van Hollen Jindal Ortiz Terry Lewis (GA) Price (GA) Vela´ zquez Akin Burton (IN) Davis, Tom Johnson (CT) Osborne Thomas Lewis (KY) Price (NC) Visclosky Alexander Buyer Deal (GA) Johnson (IL) Otter Thompson (CA) Linder Pryce (OH) Walden (OR) Allen Calvert DeFazio Johnson, Sam Owens Thompson (MS) Lipinski Putnam Walsh Andrews Camp DeGette Jones (NC) Oxley LoBiondo Radanovich Wamp Baca Cannon Delahunt Thornberry Pallone Lofgren, Zoe Rahall Wasserman Bachus Cantor DeLauro Jones (OH) Tiahrt Lowey Ramstad Schultz Baird Capito DeLay Kanjorski Pascrell Tiberi Lucas Rangel Waters Baldwin Capps Dent Kaptur Pastor Tierney Lungren, Daniel Regula Watson Barrett (SC) Capuano Diaz-Balart, L. Keller Paul Turner E. Rehberg Watt Barrow Cardin Diaz-Balart, M. Kelly Payne Udall (CO) Lynch Reichert Waxman Bartlett (MD) Cardoza Dicks Kennedy (MN) Pearce Udall (NM) Mack Renzi Weiner Bass Carnahan Dingell Kennedy (RI) Pelosi Upton Manzullo Reyes Weldon (FL) Bean Carson Doggett Kildee Pence Van Hollen Carter Doolittle Marchant Reynolds Weldon (PA) Beauprez Kilpatrick (MI) Peterson (MN) Vela´ zquez Case Doyle Markey Rogers (AL) Weller Becerra Kind Peterson (PA) Visclosky Castle Drake Marshall Rogers (KY) Westmoreland Berry King (IA) Petri Walden (OR) Chabot Dreier Matheson Rogers (MI) Wexler Biggert King (NY) Pickering Walsh Chandler Duncan Matsui Rohrabacher Whitfield Bilirakis Kingston Pitts Wamp Chocola Edwards McCarthy Ros-Lehtinen Wicker Kirk Platts Wasserman Bishop (GA) Clay Ehlers McCaul (TX) Ross Wilson (NM) Kline Poe Schultz Bishop (NY) Cleaver Emanuel McCollum (MN) Rothman Wilson (SC) Knollenberg Pombo Waters Bishop (UT) Clyburn Emerson McCotter Roybal-Allard Wolf Kolbe Pomeroy Watson Blackburn Coble Engel McDermott Royce Woolsey Blunt Kucinich Porter Watt McGovern Ruppersberger Wu Cole (OK) English (PA) Boehlert Kuhl (NY) Price (GA) Waxman McHenry Rush Wynn Conyers Eshoo Boehner LaHood Price (NC) Weiner McHugh Ryan (OH) Young (FL) Cooper Etheridge Bonilla Costa Evans Langevin Pryce (OH) Weldon (FL) NOT VOTING—19 Bonner Costello Farr Lantos Putnam Weldon (PA) Bono Cramer Fattah Larsen (WA) Radanovich Weller Baker Filner Pickering Boozman Crenshaw Feeney Larson (CT) Rahall Westmoreland Berkley Issa Sanchez, Loretta Boren Crowley Ferguson Latham Ramstad Wexler Blumenauer Kaptur Taylor (MS) Boswell Cubin Fitzpatrick (PA) LaTourette Rangel Whitfield Brady (TX) Maloney Towns Boucher Cuellar Flake Leach Regula Wicker Butterfield McCrery Young (AK) Boustany Culberson Foley Lee Rehberg Wilson (NM) Conaway Meehan Boyd Cummings Forbes Levin Reichert Wilson (SC) Everett Olver Bradley (NH) Cunningham Ford Lewis (CA) Renzi Wolf ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (PA) Davis (AL) Fortenberry Lewis (GA) Reyes Woolsey Brown (OH) Davis (CA) Fossella Lewis (KY) Reynolds Wu The SPEAKER pro tempore (Mr. Brown (SC) Davis (FL) Foxx Linder Rogers (AL) Wynn THORNBERRY) (during the vote). Mem- Brown, Corrine Davis (IL) Frank (MA) Lipinski Rogers (KY) Young (FL)

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.029 H08SEPT1 H7788 CONGRESSIONAL RECORD — HOUSE September 8, 2005 NOT VOTING—23 Blunt Foxx Lofgren, Zoe Ruppersberger Simpson Udall (CO) Boehlert Frank (MA) Lowey Rush Skelton Udall (NM) Baker Everett Meehan Boehner Franks (AZ) Lucas Ryan (OH) Slaughter Upton Barton (TX) Filner Miller, Gary Bonilla Frelinghuysen Lungren, Daniel Ryan (WI) Smith (NJ) Van Hollen Berkley Issa Olver Bonner Gallegly E. Ryun (KS) Smith (TX) Vela´ zquez Berman Johnson, E. B. Sanchez, Loretta Bono Garrett (NJ) Mack Sabo Smith (WA) Visclosky Blumenauer Lynch Taylor (MS) Boozman Gerlach Manzullo Salazar Snyder Walden (OR) Brady (TX) Maloney Towns Boren Gibbons Marchant Sa´ nchez, Linda Sodrel Walsh Butterfield McCrery Young (AK) Boswell Gilchrest Markey T. Solis Wamp Conaway McKeon Boucher Gillmor Marshall Sanders Souder Wasserman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Boustany Gingrey Matheson Saxton Spratt Schultz Boyd Gohmert Matsui Schakowsky Stearns Waters The SPEAKER pro tempore (during Bradley (NH) Gonzalez McCarthy Schiff Strickland Watson the vote). Members are advised that 2 Brady (PA) Goode McCaul (TX) Schmidt Stupak Watt minutes remain in this vote. Brown (OH) Goodlatte McCollum (MN) Schwartz (PA) Sullivan Waxman Brown (SC) Granger McCotter Schwarz (MI) Sweeney Weiner b 1616 Brown, Corrine Graves McGovern Scott (GA) Tancredo Weldon (FL) Brown-Waite, Green (WI) McHenry Scott (VA) Tanner Weldon (PA) So (two-thirds having voted in favor Ginny Green, Al McHugh Sensenbrenner Tauscher Weller thereof) the rules were suspended and Burgess Green, Gene McIntyre Serrano Taylor (NC) Westmoreland the resolution was agreed to. Burton (IN) Grijalva McMorris Sessions Terry Wexler Buyer Gutierrez McNulty Shadegg Thomas Whitfield The result of the vote was announced Calvert Gutknecht Meek (FL) Shaw Thompson (CA) Wicker as above recorded. Camp Hall Meeks (NY) Shays Thompson (MS) Wilson (NM) A motion to reconsider was laid on Cannon Harman Melancon Sherman Thornberry Wilson (SC) Sherwood Tiahrt Wolf the table. Cantor Harris Menendez Capito Hart Mica Shimkus Tiberi Wu Stated for: Capps Hastert Michaud Shuster Tierney Wynn Mr. FILNER. Mr. Speaker, on rollcall No. Capuano Hastings (FL) Millender- Simmons Turner Young (FL) 463, on H. Res. 428, I was in route to my Cardin Hastings (WA) McDonald NAYS—6 Cardoza Hayes Miller (FL) Congressional District on official business. Carnahan Hayworth Miller (MI) Conyers McDermott Stark Had I been present, I would have voted ‘‘yea.’’ Carson Hefley Miller (NC) Lee McKinney Woolsey Ms. EDDIE BERNICE JOHNSON of Texas. Carter Hensarling Miller, George NOT VOTING—26 Mr. Speaker, on rollcall No. 463, had I been Case Herger Mollohan Castle Herseth Moore (KS) Baker DeGette Meehan present, I would have voted ‘‘yea.’’ Chabot Higgins Moore (WI) Barton (TX) Everett Miller, Gary Bass Filner f Chandler Hinchey Moran (KS) Ney Chocola Hinojosa Moran (VA) Berkley Gordon Olver MOMENT OF SILENCE COMMEMO- Clay Hobson Murphy Berman Issa Sanchez, Loretta Cleaver Hoekstra Murtha Blumenauer Lynch Taylor (MS) RATING THE 9/11 ATTACKS Clyburn Holden Musgrave Brady (TX) Maloney Towns The SPEAKER. In recognition of the Coble Holt Myrick Butterfield McCrery Young (AK) Cole (OK) Honda Nadler Conaway McKeon approaching anniversary of September Cooper Hooley Napolitano 11, 2001, the Chair would ask the Mem- Costa Hostettler Neal (MA) b 1626 bers of the House to stand and observe Costello Hoyer Neugebauer Ms. MCKINNEY changed her vote a moment of silence for the victims of Cramer Hulshof Northup Crenshaw Hunter Norwood from ‘‘yea’’ to ‘‘nay.’’ the terrorist attacks that occurred on Crowley Hyde Nunes So (two-thirds having voted in favor that date. Cubin Inglis (SC) Nussle thereof) the rules were suspended and Cuellar Inslee Oberstar the resolution was agreed to. f Culberson Israel Obey Cummings Istook Ortiz The result of the vote was announced ANNOUNCEMENT BY THE SPEAKER Cunningham Jackson (IL) Osborne as above recorded. The SPEAKER. Without objection, Davis (AL) Jackson-Lee Otter A motion to reconsider was laid on Davis (CA) (TX) Owens proceedings will continue with a 5- Davis (FL) Jefferson Oxley the table. minute vote. Davis (IL) Jenkins Pallone Stated for: There was no objection. Davis (KY) Jindal Pascrell Mr. FILNER. Mr. Speaker, on rollcall No. Davis (TN) Johnson (CT) Pastor 464, on H. Res. 427, I was in route to my f Davis, Jo Ann Johnson (IL) Paul Davis, Tom Johnson, E.B. Payne Congressional District on official business. RELATING TO THE TERRORIST AT- Deal (GA) Johnson, Sam Pearce Had I been present, I would have voted ‘‘yea.’’ TACKS AGAINST THE UNITED DeFazio Jones (NC) Pelosi Mr. BASS. Mr. Speaker, on Thursday, Sep- Delahunt Jones (OH) Pence STATES ON SEPTEMBER 11, 2001 DeLauro Kanjorski Peterson (MN) tember 8, 2005, I regrettably missed recorded The SPEAKER. The pending business DeLay Kaptur Peterson (PA) vote No. 464, on H. Res. 427. Dent Keller Petri is the question of suspending the rules Had I been present, I would have voted Diaz-Balart, L. Kelly Pickering ‘‘yea’’ on this measure. and agreeing to the resolution, H. Res. Diaz-Balart, M. Kennedy (MN) Pitts 427. Dicks Kennedy (RI) Platts f The Clerk read the title of the resolu- Dingell Kildee Poe Doggett Kilpatrick (MI) Pombo LEGISLATIVE PROGRAM tion. Doolittle Kind Pomeroy The SPEAKER. The question is on Doyle King (IA) Porter (Mr. HOYER asked and was given the motion offered by the gentleman Drake King (NY) Price (GA) permission to address the House for 1 Dreier Kingston Price (NC) minute.) from Iowa (Mr. LEACH) that the House Duncan Kirk Pryce (OH) suspend the rules and agree to the reso- Edwards Kline Putnam Mr. HOYER. Mr. Speaker, I rise for lution, H. Res. 427, on which the yeas Ehlers Knollenberg Radanovich the purpose of inquiring of the major- Emanuel Kolbe Rahall ity whip the schedule for the week to and nays are ordered. Emerson Kucinich Ramstad This will be a 5-minute vote. Engel Kuhl (NY) Rangel come. Oh, I am sorry. I was told that The vote was taken by electronic de- English (PA) LaHood Regula the leader was not going to be avail- vice, and there were—yeas 402, nays 6, Eshoo Langevin Rehberg able, but the leader is available. So I Etheridge Lantos Reichert am pleased to yield to the gentleman not voting 26, as follows: Evans Larsen (WA) Renzi [Roll No. 464] Farr Larson (CT) Reyes from Texas (Mr. DELAY), my friend, the Fattah Latham Reynolds leader. YEAS—402 Feeney LaTourette Rogers (AL) Mr. DELAY. Mr. Speaker, I appre- Abercrombie Bachus Becerra Ferguson Leach Rogers (KY) Ackerman Baird Berry Fitzpatrick (PA) Levin Rogers (MI) ciate the gentleman yielding; and as Aderholt Baldwin Biggert Flake Lewis (CA) Rohrabacher the gentleman knows, once a whip, al- Akin Barrett (SC) Bilirakis Foley Lewis (GA) Ros-Lehtinen ways a whip. Alexander Barrow Bishop (GA) Forbes Lewis (KY) Ross Mr. HOYER. Mr. Speaker, reclaiming Allen Bartlett (MD) Bishop (NY) Ford Linder Rothman Andrews Bean Bishop (UT) Fortenberry Lipinski Roybal-Allard my time, with all due respect, I hope Baca Beauprez Blackburn Fossella LoBiondo Royce that is not the case.

VerDate Aug 18 2005 04:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.032 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7789 Mr. DELAY. Mr. Speaker, I under- On a more immediate basis, next Let me say, Mr. Leader, and I appre- stand. I appreciate the gentleman week we are scheduled obviously to ciate your remarks about working to- yielding. come in on Tuesday at 12:30, and Fri- gether on this, that there is not a per- Mr. Speaker, the House will convene day is on the schedule. Is it the major- son on this floor on either side of the on Tuesday at 12:30 p.m. for morning ity leader’s expectation that we will aisle who does not want to work to- hour and 2 p.m. for legislative business. probably be in on Friday or is Friday gether to have an effective response so We will consider several measures there if we need to be? that we can help our brother and sister under suspension of the rules. A final Mr. DELAY. If the gentleman will citizens who have been traumatized. I list of those bills will be sent to the continue to yield, Mr. Speaker, I would would hope that we would have an op- Members’ offices by the end of the say that it is difficult to predict at this portunity on whatever the legislation week. Any votes called on these meas- point in time. might be that we come up with over ures will be rolled until 6:30 p.m. Clearly, if the only items of the the next 48 hours, or by Monday, to On Wednesday and Thursday, the House for the House to consider next have that perhaps reviewed. And be- House will convene at 10 a.m. for legis- week are the ones I just outlined, then cause of the crisis and the need to lative business. We expect to consider we could complete our work by Thurs- move expeditiously and quickly, even additional legislation under suspension day afternoon. However, if additional if it is an hour or two notice to have a of the rules relating to the Hurricane legislation relating to Katrina becomes subcommittee or committee or, frank- Katrina relief. In addition, we plan to necessary or a conference report be- ly, the bipartisan leadership look at a consider two bills under a rule, H.R. comes available, Members should be piece of legislation to discuss what is 889, Coast Guard and Maritime Trans- prepared to have votes on Friday. in it and what could be in it and what portation Act of 2005, and H.R. 3132, the Mr. HOYER. Mr. Speaker, I appre- should be in it, I think that would be Children’s Safety Act of 2005. ciate the leader’s remarks. We have ad- very helpful. Mr. HOYER. Mr. Speaker, I thank vised our Members to be available for The gentleman observed that the the leader for the information. Friday, and they will be, obviously, if American people want us to act to- If I might start with perhaps a gen- we have a session. gether on this, and I agree with him. eral question, I noted in the paper that In addition, the gentleman has indi- Not only do I agree with the gen- the leader indicated that he thought cated and just reiterated the possi- tleman, but we want to do that. So we would probably be here through at bility of doing further legislation as a that would facilitate that, and I hope least the week before Thanksgiving, result of Katrina and responses to we can do that. which is what I related to my Members Katrina. Can the majority leader give Let me ask something else, and I say in the whip’s meeting this morning; us an idea of what legislation might be to the leader that, unfortunately, there but I wonder perhaps if he could am- possible in response to Katrina next was not the kind of discussion that I plify that. The gentleman has had a week? think would have helped us on this. I few days to discuss it with the leader- Mr. DELAY. I thank the gentleman agree with you, and every Member here ship and with the administration and for continuing to yield. I think agrees with you, that today or perhaps the Senate leadership to have I cannot, obviously, give a list like tomorrow or next Monday is not the some better idea of where we might be that. I do not have a list with me. Lists time to look at what went wrong and going. Obviously, with Katrina and are being worked on, and certainly the how do we make it right. What we need other challenges, I know it is very gentleman will be included, or his side to do is respond, rescue, and recover. flexible, but I appreciate and I know will be included in discussion of these On the other hand, it is hurricane the Members would appreciate getting issues. season. We still have threats, as the my colleague’s further thought on These are issues that are incredibly gentleman knows. There is a tropical where he sees the possibilities for the important that need to be addressed storm off Florida right now that is balance of the session. immediately so that we can do the re- I yield to my friend. forming, so we do need to ensure that covery work that needs to be done for Mr. DELAY. Mr. Speaker, I appre- we have the best opportunity to re- ciate the gentleman yielding, and I ap- the victims of Katrina. It is a very ex- spond in an emergency manner. preciate the question because if we pedited process, I might say, as to how The Speaker and Mr. FRIST met yes- look at all the work that we need to we can take these simple bills and get terday and announced a committee. We do, we could probably get finished ear- everybody signed off on them and bring believe that perhaps a commission lier. them to the floor. might be more appropriate, with both So I do not have a list now, but by parties participating equally to re- b 1630 this afternoon, or tomorrow certainly, spond to this and to see how we can do As the gentleman knows, we are sort the gentleman and his side will be in- better. Can the gentleman tell me any- of at the mercy of the schedule of the formed as to what we are thinking thing about the status of either the Senate. Conversing with the Senate about. Any ideas that the gentleman joint committee or commission that and looking at our schedules, particu- and his side of the aisle might have, we the gentleman’s side might be thinking larly as the gentleman has mentioned, would welcome and would consider about? Katrina has risen to the top priority of those. We are working with both sides Mr. DELAY. Mr. Speaker, I appre- this House. It has pushed other issues of the aisle trying to be as bipartisan ciate the gentleman continuing to back a week or two. as we possibly can in considering yield, and as he knows and has said, We still have to get our appropria- everybody’s ideas. the Speaker and the majority leader of tion process done. There is the entitle- Mr. HOYER. Reclaiming my time, the Senate announced a joint comment reform process that needs to be Mr. Speaker, I appreciate the leader’s mittee to look into the response before done. There are some other issues we observations and his comments. Again, and after Hurricane Katrina. I am not would like to get done. And, at the we will certainly respond to that. privy. It is the responsibility of the same time, there are not just short- We have a lot of ideas on this side, as Speaker to make those kinds of ap- term issues dealing with Hurricane all the Members have, in trying to re- pointments for that committee and put Katrina, but there are intermediate spond to this and trying to anticipate together the resolution, if it requires issues we will have to be dealing with, what the needs will be in this crisis sit- one to create the committee. I do know major policy considerations, and who uation. As the leader pointed out in his that the Speaker and his staff are knows what else the hurricane may closing remarks on the supplemental, working hard to get that up and going give us. And trying to put all that to- we have had literally millions of people as soon as possible. gether and on a calendar, it is pretty whose lives have been adversely af- The gentleman is right, we should obvious to me that we will be here fected, displaced, moved, and some not be bogging down those that are try- until at least, at least, the Friday be- whose lives have been put at great dis- ing to make decisions that affect the fore Thanksgiving. ruption; so I am sure Members on all lives of these victims. At the same Mr. HOYER. Mr. Speaker, I thank sides have ideas of how we can best re- time, and the gentleman understands the leader for those comments. spond. So we will do that. this, the longer we wait around this

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.105 H08SEPT1 H7790 CONGRESSIONAL RECORD — HOUSE September 8, 2005 place, the longer things take to hap- all the issues that are flooding in from probably not be in session; is that ac- pen, and it is incumbent upon us to get all Members of things that we need to curate, Mr. Leader? this joint committee up and running. do in light of the disaster of Katrina. Mr. DELAY. The gentleman is cor- I might say to the gentleman that I So I just think it is probably a little rect. know he has suggested a commission, early for us to give specific dates as to Mr. HOYER. Mr. Speaker, I thank but I feel very strongly that it is our when we would go to markup and those the majority leader for his informa- responsibility as a Congress in a bipar- kinds of things until we get a better tion. tisan way to look at these issues and handle on what we need to be doing to f have oversight of these issues. And in make sure that we are doing every- b 1645 accepting and understanding that re- thing that we can to take care of those sponsibility, and not being relieved by victims of Katrina. ADJOURNMENT TO MONDAY, SEP- somebody else or some other commis- Mr. HOYER. I appreciate the gentle- TEMBER 12, 2005, AND HOUR OF sion of that responsibility, this was one man’s comments, Mr. Speaker. I am MEETING ON TUESDAY, SEP- of the best ways we knew to do this. sure the gentleman is familiar with the TEMBER 13, 2005 We looked back at precedent, even letter that the gentleman from South Mr. DELAY. Mr. Speaker, I ask unan- when the gentleman’s side of the aisle Carolina (Mr. SPRATT) and Mr. CONRAD imous consent that when the House ad- was in the majority, and found a prece- and others have sent with reference to journs today, it adjourn to meet at dent for doing this in a bipartisan, bi- reconciliation. We are concerned, of noon on Monday next, and further, that cameral way when the Democrats course, because of Katrina and for the when the House adjourns on that day, wanted to do it, and we thought it exact reason we have postponed rec- it adjourn to meet at 12:30 p.m. on made sense and so that is exactly what onciliation, we are very concerned that Tuesday, September 13, 2005, for morn- we did. the needs are so large at this point in ing hour debates. So we feel strongly that we, in a bi- time that we need to be very careful The SPEAKER pro tempore (Mr. partisan way, are responsible for look- about the issue of Medicaid and, frank- THORNBERRY). Is there objection to the ing at these issues, and I would imag- ly, the issue of additional tax cuts. request of the gentleman from Texas? ine by next week we will address this In light of the fact we have just spent There was no objection. by whatever means is necessary to get $62 billion additional, which we did not f it up and going. And also next week, I anticipate and which will exacerbate, would assume that the Speaker would therefore, our budget deficit, and which DISPENSING WITH CALENDAR make those appointments that are nec- absolutely had to be done, everybody, WEDNESDAY BUSINESS ON essary to fill that joint committee. almost everybody supported that ef- WEDNESDAY NEXT Mr. HOYER. Mr. Speaker, I thank fort, including the majority leader and Mr. DELAY. Mr. Speaker, I ask unan- the leader, and reclaiming my time, I myself, but we hope that we can per- imous consent that the business in think I have suggested this before, but haps have discussions about that issue order under the Calendar Wednesday I believe it would be useful, perhaps at as well. rule be dispensed with on Wednesday some point in time in the near term, Lastly, Mr. Leader, I talked about next. that the Speaker convene the leader- the long term and Thanksgiving. Octo- The SPEAKER pro tempore. Is there ship of both sides of the aisle to discuss ber. We have a number of holidays in objection to the request of the gen- how we are going forward. October. Could the gentleman perhaps tleman from Texas? I understand there were precedents amplify on what his expectation is of There was no objection. for the action that was taken, but it the first 2 weeks in October? f was not taken after discussions with My understanding is the probability this side of the aisle. And as the major- is that we will be in Wednesday, Thurs- PERMISSION FOR COMMITTEE ON ity leaders know, both on the Senate day, and Friday of the first week of Oc- THE JUDICIARY TO HAVE UNTIL side that was the case and on the House tober, but the second week of October, MIDNIGHT, SEPTEMBER 9, 2005, side it was the case. can the gentleman give us some TO FILE A REPORT ON H.R. 3132, Again, I agree with the gentleman’s thoughts on what that might be in CHILDREN’S SAFETY ACT OF 2005 proposition that the public wants to light of the Jewish holidays and the Mr. DELAY. Mr. Speaker, I ask unan- see us move ahead together and re- Christopher Columbus holiday? imous consent that the Committee on spond to this crisis together because Mr. DELAY. Mr. Speaker, if the gen- the Judiciary may have until midnight those who have suffered are our focus, tleman will continue to yield, I would on Friday, September 9, 2005, to file a not party politics or ideological dif- note that the week of October 10, which report to accompany H.R. 3132. ferences, but helping those who are is the second week of October, and due The SPEAKER pro tempore. Is there hurting and making sure that we pro- to the way that Columbus Day and objection to the request of the gen- tect those who may still yet be vulner- Yom Kippur fall that week, there is tleman from Texas? able. I think we can best do that by only a very narrow window of time There was no objection. working together. when we could be voting. And with the f On another subject and moving on, expectation that we could potentially AMENDMENT PROCESS FOR H.R. can the majority leader tell me where be in session until the Friday before 889, COAST GUARD AND MARI- we stand on reconciliation? Press re- Thanksgiving, we would suggest that TIME TRANSPORTATION ACT OF ports indicate that there is a delay in the House follow the Senate and ad- 2005 the development of those bills, as journ for the entire week of October 10. called for in the budget resolution, at As for the week of October 3, Rosh Mr. DREIER. Mr. Speaker, the Com- least for some period of time. Can the Hashanah will make it very difficult mittee on Rules may meet next week gentleman bring us up to date on what for many Members to return to the to grant a rule for the consideration of the present status of reconciliation is? Capitol prior to the evening of Wednes- H.R. 889, the Coast Guard and Maritime Mr. DELAY. I appreciate the gen- day, October 5, and at this point in Transportation Act of 2005, which may tleman continuing to yield. time we anticipate having votes that require that amendments be printed in Entitlement reform is still one of the week but not before Wednesday night. the CONGRESSIONAL RECORD prior to highest priorities of the House this fall. We will watch as things unfold with their consideration on the floor. However, due to the events of the last regard to the needs of floor time and The Committee on Transportation 10 days, it has been replaced as the we will make further pronouncements and Infrastructure ordered the bill re- number one priority. Therefore, we will as we get closer to that week. ported on May 18 and filed its report likely postpone consideration of these Mr. HOYER. I thank the gentleman with the House on July 28. Members very important reforms for a number of for that comment, Mr. Speaker, and should draft their amendments to the weeks. presume, therefore, that we are reason- text of the bill as reported by the Com- We are still trying to decide when we ably safe in advising our Members that mittee on Transportation and Infra- might approach this issue, based upon the second week of October we will structure.

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.107 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7791 Members should use the Office of In conclusion, God bless our troops, many as the Jewel of Texas and the Legislative Counsel to ensure that and we will never forget September 11. wealthiest city in the State of Texas. their amendments are drafted in the f On that weekend in September, as most appropriate format. Members are 40,000 residents and vacationers were PROVIDING FAMILY ASSISTANCE also advised to check with the Office of bidding farewell to summer, weather IN THE WAKE OF HURRICANE the Parliamentarian to be certain that forecasters were watching closely an KATRINA their amendments comply with the unnamed hurricane brewing in the Gulf rules of the House. (Ms. JACKSON-LEE of Texas asked of Mexico. Having very little of today’s f and was given permission to address weather forecasting equipment, the the House for 1 minute and to revise trackers lost the location of the storm AMENDMENT PROCESS FOR H.R. and extend her remarks.) in the gulf after it passed the predicted 3132, CHILDREN’S SAFETY ACT Ms. JACKSON-LEE of Texas. Mr. landfall of Florida. OF 2005 Speaker, as we offer our sympathy and It began as a tropical storm on Au- Mr. DREIER. Mr. Speaker, the Com- reflection today to the victims of 9/11, gust 27, 1900, and no one could imagine mittee on Rules may meet next week we stand here again looking at another what it would become. Twelve days to grant a rule for the consideration of horrific and unspeakable tragedy, Hur- later, in the darkness of the night on H.R. 3132, the Children’s Safety Act of ricane Katrina. September 8, 105 years ago today, it 2005, which may require that amend- The numbers are clear that the started to rain in Galveston and the ments be printed in the CONGRESSIONAL greatest victims will be children. Some water silently and quickly began to RECORD prior to their consideration on 400 children are homeless, and we know rise. It crept and covered the low-lying the floor. that between one-third and a quarter of island. The island was barely above sea The Committee on the Judiciary or- them will have a traumatic experience level at 5 to 9 feet. There was no time dered the bill reported on July 27, 2005, after the end of their journey through for any evacuation. and is expected to file its report with Hurricane Katrina. We know that 35 The strong winds and rains ravaged the House on Friday, September 9, 2005. percent of them that experienced this the city. Houses were devastated and Members should draft their amend- terrible tragedy will have a severe families were swept away. As the power ments to the text of the bill as re- mental illness, and we also know that and phones went out, people started ported on July 27, 2005. there are 800 missing children that are wading through the murky mounting Members should use the Office of now lost or presumed dead through water. They sought shelter in down- Legislative Counsel to ensure that Hurricane Katrina. town buildings and churches as the their amendments are drafted in the I think it is important as we look to- gale winds and incessant rain contin- most appropriate format. Members are ward more legislation bills and moving ued to increase. also advised to check with the Office of quickly to address the horribleness of Nuns in the local orphanage tied a the Parliamentarian to be certain that this tragedy that we provide for a one- roped around the waists of the children their amendments comply with the time grant assistance for the children and unsuccessfully tried to lead them rules of the House. who have been impacted by this hurri- to higher ground. Of the 93 children f cane and that legislation be drafted and 10 Catholic nuns, only three boys and passed by both bodies to secure survived. JUDGE JOHN ROBERTS, A QUALI- their protection and that we provide a No one was prepared or adequately FIED NOMINEE FOR THE SU- structure that will monitor these chil- warned for this Category 4 hurricane PREME COURT dren through adulthood, through that hit the city of Galveston. The (Mr. WILSON of South Carolina reaching the age of majority. force of the 140-mile-an-hour winds asked and was given permission to ad- We have heard from psychiatrists caused a water surge that covered most dress the House for 1 minute and to re- that say that the most vulnerable vic- of the 3 mile by 30 mile island in min- vise and extend his remarks.) tims of this tragedy who will suffer a utes. Mr. WILSON of South Carolina. Mr. horrific experience will be our children. The nameless hurricane destroyed Speaker, since President Bush nomi- We must rally around them. It is im- 3,500 buildings, over half of the city. nated John Roberts to serve on the Su- perative that this Congress work to- The loss of life was staggering. It re- preme Court in July, we have heard gether to provide them with the finan- minds me of the scripture of old, that countless stories confirming Mr. ROB- cial, social, psychiatric, and, of course, the rains came down, the waters rose, ERTS’ character, leadership abilities, family assistance that is necessary. and the winds blew and beat against and commitment to justice. Through- f the houses. But when the rains stopped out his career, he has achieved an ac- and the wind blew no more, over 8,000 complished record of government serv- SPECIAL ORDERS people had died. Hundreds more were ice and has demonstrated his dedica- The SPEAKER pro tempore (Mr. never accounted for. Nearly everyone tion to protecting our rights. The more SODREL). Under the Speaker’s an- on the island knew a friend or relative Americans learn about him, the more nounced policy of January 4, 2005, and who had perished. they like him. under a previous order of the House, Isaac Cline, a Galveston forecaster, On Sunday, President Bush nomi- the following Members will be recog- never believed that the hurricane could nated Judge Roberts to follow in the nized for 5 minutes each. ravage this paradise island. After the footsteps of Chief Justice William f calm came once more, Cline described Rehnquist as our Nation’s highest the storm’s aftermath as ‘‘the most A WEEKEND IN SEPTEMBER 1900 ranking judge. When the Senate begins horrible sight that was ever witnessed its confirmation process next week, I The SPEAKER pro tempore. Under a by a civilized people.’’ am confident that they will continue previous order of the House, the gen- When the hurricane finally moved in- to discover that Judge Roberts is well tleman from Texas (Mr. POE) is recog- land, and it did not end its winds until suited for this position. From serving nized for 5 minutes. it got to Canada, the task of recovery as a law clerk for Chief Justice Mr. POE. Mr. Speaker, the devasta- was overwhelming. Prisoners of the Rehnquist to arguing 39 cases before tion of Hurricane Katrina is a vivid re- State penitentiary were used in the the Supreme Court, he possesses a minder to Texans of another hurricane cleanup to find the dead, buried at sea, unique wealth of knowledge and experi- that occurred 105 years ago, the week- only to resurface on the beaches. Bod- ence. end of September 8, 1900, in Galveston, ies were still being found in February After losing Chief Justice Rehnquist, Texas. That hurricane, known to many of the next year. Since it was not pos- our judicial system needs a similar as ‘‘the storm,’’ was the deadliest nat- sible to bury the thousands that died, leader who will fairly and effectively ural disaster to take place in American they were eventually cremated. guide our courts. I strongly believe our history. The story of Galveston’s hurricane is Nation has found such a person in John In 1900, Galveston was the showplace a story of death and devastation and Roberts. of the Gulf of Mexico, referred to by ultimate determination.

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.108 H08SEPT1 H7792 CONGRESSIONAL RECORD — HOUSE September 8, 2005 The survivors in Galveston were com- supposedly enjoy thanks to our mili- I have proposed a new approach. It is mitted to protect their city in the fu- tary intervention. called SMART Security. SMART ture. They dredged the ship channel Many of us remember that staple of stands for Sensible, Multilateral Amer- and the island was literally raised 17 the President’s stump speech, that the ican Response to Terrorism. SMART is feet by the dredging. It would be an en- first voter in the Iraqi elections was a based on the belief that war should be gineering marvel even today. A mas- 19-year-old woman. In this very Cham- an absolute last resort, to be under- sive sea wall was built to protect the ber, an Iraqi woman sat with the First taken only under the most extreme cir- city from future hurricanes. The eco- Lady during the State of the Union ad- cumstances. nomic loss, property loss, and loss of dress and flashed the victory sign in But that does not mean that SMART life had a serious impact on the coastal celebration of the election that had is not serious and smart about pro- city. just taken place. tecting America. It is vigilant about Although the great storm in Gal- Well, that was then, Mr. Speaker. fighting terrorism and weapons of mass veston was extraordinary, those who That same woman, now Iraq’s ambas- destruction. But it does so with strong survived and pitched in to help rebuild sador to Egypt, is one of several Iraqis multilateral alliances, improved intel- Galveston were just as extraordinary now publicly criticizing their nation’s ligence capabilities, vigorous inspec- in their grit and character. Those draft constitution and its treatment of tion regimes, and aggressive diplo- brave Texans who survived faced the women’s rights. macy. SMART would reshuffle our na- challenges head on, and eventually ‘‘When we came back from exile,’’ she tional security budget. No more bil- Galveston rose back from that murky said, ‘‘we thought we were going to im- lions thrown at outdated Cold War mud. prove rights and the position of weapons programs. That money would Galveston has come a long way since women. But look what has happened. instead be invested in energy independ- that weekend in 1900. It is once again a We have lost all of the gains that we ence and other efforts that truly are thriving community, rich in history, made over the last 30 years. It is a big relevant to the modern security opportunity; and the citizens are as re- disappointment.’’ threats we face. silient as they were 105 years ago In fact, the very second article of the SMART also includes an ambitious inter- today. Galveston did lose, however, its Iraqi Constitution declares that Islam national development agenda, to help address title of ‘‘wealthiest city’’ to another is ‘‘the official religion of the state,’’ the root causes of terrorism: Democracy-build- place up the bayou called Houston. and that ‘‘no law may be enacted that ing that includes women as equals; education Today, as our Gulf Coast neighbors contradicts its established provisions.’’ for women and girls; addressing resource struggle to put their lives back to- You do not have to be a theologian, scarcity—these are key ingredients to building gether after the devastating blow they Mr. Speaker, to know that adherence stable societies in Iraq and elsewhere. received from Hurricane Katrina, our to strict Islamic tradition is incompat- It is my hope and belief that the grievous thoughts and prayers go out to the vic- ible with equal rights and dignity for mistakes we’ve made in Iraq will lead us to tims and families. The devastation women. this new, smarter national security policy. SMART Security protects America by relying caused by this hurricane affects the en- b 1700 tire Nation, and we must come to- on the very best of American values—our capacity for global leadership, our dedication to gether to provide for our friends, our Most depressing of all, perhaps, is peace and freedom, and our compassion for relatives and our neighbors in Lou- that this constitution may actually the people of the world, all people, women isiana, Mississippi, and Alabama dur- represent a weakening of women’s and men alike. ing this time. rights from the previous regime. That On the anniversary of the ‘‘great is right. Women may have fewer legal f storm,’’ the Galveston storm, the peo- protections in this new so-called de- The SPEAKER pro tempore (Mr. ple of southeast Texas are ready and mocracy than they had under the rule SODREL). Under a previous order of the showing their compassionate spirit to of that famous feminist and egalitarian House, the gentleman from Indiana those devastated by Katrina. I com- Saddam Hussein. Is this what nearly (Mr. BURTON) is recognized for 5 min- mend them for their kindness in this 1,900 American soldiers have died for, utes. (Mr. BURTON addressed the House. time of need. Just as Galveston was reso that Iraq could slip into repressive His remarks will appear hereafter in built, we remain optimistic that this theocracy? Perhaps this is the noble the Extensions of Remarks.) recent disaster will be overcome by cause, the cause we have been hearing collective efforts of all Americans. As so much about: second-class citizenship f Americans, we are all in this together, for Iraqi women. EXCHANGE OF SPECIAL ORDER Mr. Speaker; and we need to be on the The weapons of mass destruction TIME claim was discredited long ago. The same page in the hymnal. That is just Mrs. BLACKBURN. Mr. Speaker, I Iraq-al Qaeda link is nonexistent. Now the way it is. ask unanimous consent to take the it even appears that the spreading-free- f Special Order time of the gentleman dom-and-democracy rationale for this from Indiana (Mr. BURTON). SMART SECURITY AND THE IRAQI war is also a fraud. CONSTITUTION The SPEAKER pro tempore. Is there Mr. Speaker, this is just one more objection to the request of the gentle- The SPEAKER pro tempore. Under a reason that we must end this occupa- woman from Tennessee? previous order of the House, the gentle- tion and bring our troops home as soon There was no objection. woman from California (Ms. WOOLSEY) as possible. f is recognized for 5 minutes. One week from Thursday, I will be Ms. WOOLSEY. Mr. Speaker, tonight holding a hearing here on Capitol Hill HURRICANE KATRINA on the heels of Hurricane Katrina, I where we will hear from experts about The SPEAKER pro tempore. Under a cannot help but ask how the victims how we might achieve military dis- previous order of the House, the gentle- would have been helped had our Na- engagement while still playing a con- woman from Tennessee (Mrs. tional Guard and our military and our structive role in the rebuilding of Iraq. BLACKBURN) is recognized for 5 min- Corps of Engineers equipment been Bringing the troops home should be the utes. made available here at home, not beginning; it should not be the end of a Mrs. BLACKBURN. Mr. Speaker, across the world, making trouble in- reassessment of our national security America has really seen a lot, we have stead of fixing troubles here as we re- policy. It is time to end the reflex im- been through a lot, in the past week. sponded to Katrina. pulse of using military force to solve We have watched Hurricane Katrina Tonight I will discuss what is hap- world conflicts and erroneously from start to finish. We have seen it pening in Iraq since we were last in ses- planned actions based on citizens’ form in the Atlantic, sweep across sion 5 weeks ago. For the last 4 years, fears. This has the appearance of Florida, and enter the gulf. And we the Bush administration has often jus- strength; but as Iraq has shown, it have watched in horror as it has dev- tified the war in Iraq by boasting of the often undermines our national security astated the southern portions of Lou- new-found freedoms Iraqi women would rather than enhancing it. isiana and Mississippi and Alabama.

VerDate Aug 18 2005 04:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.110 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7793 We have seen some horrific images. We tist Children’s Home are all working to tenure for lower Federal courts and have seen government make some mis- provide shelter for some of the 15,000 subject judges to costly campaigns and takes. We have seen government rescue evacuees that are in Shelby County; retention elections. If Members think some folks. And we have watched ev- and that the Friendship Baptist political campaigning by elected offi- eryday people perform extraordinary Church, the Germantown Presbyterian cials and the growth of 527 organiza- feats. Church, the Oakland First Baptist tions and other independent expendi- Like most people, I have been im- Church are providing shelter and ture efforts are already out of control, pressed and sometimes sorely dis- meals; and that the Breath of Life Sev- just imagine adding negative attack appointed. For me there is a personal enth Day Adventist, the Calvary Epis- ads in judicial races around the coun- element. I grew up 60 miles inland from copal Church, Holy Rosary Catholic try: ‘‘Call Judge Jones and tell him to Gulfport, Mississippi. My family still Church and School, the Hope Pres- stop coddling criminals’’ or ‘‘Call lives there. I remember Hurricane byterian Church, Hutchison School, Judge Smith and ask him why he de- Camille and the devastation that that and the Impact Ministries of Memphis nied relief to widows and orphans.’’ storm caused. I was a senior in high are all providing meals. One can just imagine what the judicial school. I remember watching a lot of it Madam Speaker, I know there are ads might look like. play out, and I can tell the Members other organizations that are out there Even though many of these legisla- Hurricane Katrina is worse. working, and we will be talking about tive initiatives have yet to pass, we are Last week my husband, my children, them as we help these evacuees find a already witnessing the direct con- and I all traveled to Laurel, Mississippi place and rebuild their lives. sequences to our court system. In recent years there has been a marked de- from Tennessee’s 7th Congressional f District. We took our turns. We took cline in the level of interest and serv- supplies, and we helped with the clean- REHNQUIST, ROBERTS, AND ice on the bench among highly quali- up. My parents have been long-time RELATIONS WITH CONGRESS fied attorneys. Judges are leaving the volunteers with the American Red The SPEAKER pro tempore (Miss bench to return to private practice. Cross, and Laurel is an area where MCMORRIS). Under a previous order of Reckless talk in the House Committee many coastal residents flee when they the House, the gentleman from Cali- on the Judiciary about the potential impeachment of judges not for uneth- are trying to outrun the storm. fornia (Mr. SCHIFF) is recognized for 5 We knew that those volunteers could minutes. ical conduct but out of a disagreement use the reinforcements, and absolutely Mr. SCHIFF. Madam Speaker, as we with their decisions has only added to they could. A lot them had no running honor Chief Justice William the chilling effect on the courts and water, no electricity, no gas, no gaso- Rehnquist’s life, we pause to reflect on people’s willingness to serve. Ultimately, this protracted war line available, no roof over their his service to our country, a record of against the judicial branch will only homes; but they were there at the shel- service that was colored with honor, denigrate both Congress and the dignity, and distinction. ter feeding those that were in need. courts. This is not the first time rela- That is America, Madam Speaker. Many commentators are focused on tions between the two branches have That is the America that I grew up in, his success ushering in a quiet, con- been at a dangerously low ebb, nor was and that is the country that still today servative revolution on the Court. An- Rehnquist the first Chief Justice to ex- exists. other remarkable facet of Rehnquist’s press alarm. Former Chief Justice As incredible as the damage is, what legacy, however, is found in a much Charles Evans Hughes admonished the is more amazing to me was the way the more understated role of the Chief Jus- Congress of his day that ‘‘in the great local communities were all pulling to- tice, that of the judiciary’s chief advo- enterprise of making democracy work- gether, the way Americans were trav- cate and ambassador. The hallmark of able, we are all partners. One member eling from all over, the way many of his style, no matter how volatile the of our body politic cannot say to an- issue or context, from abortion to im- our colleagues in this Chamber were other ‘I have no need of thee.’’’ traveling from all over to get to the re- peachment, was one of respectful de- Increasingly, however, the Congress gion and to lend a hand. And for all bate, a quality that garnered an enor- has been saying just that, and those who could not physically get mous degree of loyalty and respect Rehnquist was among the first to spot there, we know they are home sending among his fellow Justices, litigants, the danger. When the gentlewoman donations to charities, and they are and Court watchers. from Illinois (Mrs. BIGGERT) and I aiding organizations. They might not But the Chief Justice not only formed a bipartisan caucus to improve be there physically; they are there in worked to foster respect and relations with the courts, Justice spirit. collegiality within the walls of the Rehnquist was the first to sit down There is no measuring the generosity Court; he did more. For the last 2 years with us. We invited him to meet with and compassion of the American people of his tenure, Rehnquist turned his our caucus. He came to the Hill, sat when they see need. The hurricane has focus to a matter that has also been a down with us, and it was a very impor- told us that. So I want to thank every source of growing concern for many, tant meeting and interchange. After town, city, and State for sending help. the deterioration in relations between presiding over the high Court for the As representative for Tennessee’s 7th the Congress and the courts. As the last 2 decades, he was clearly disturbed district, I want to take a moment and Chief Justice reported in his year-end at the turn of events in relations be- recognize the work of some of our analysis of the state of the judiciary, tween the branches and the resulting Memphis and Shelby County organiza- and again in his customarily under- attack upon the independence of the tions that have made it their mission stated way, ‘‘During the last year, it judiciary. to help any way that they possibly seems that the traditional interchange Why does it matter if the Congress could. between the Congress and the Judici- and the courts are at war? Because if Our Memphis Corps of Engineers is ary broke down.’’ the separation of powers has eroded already working to help rebuild the This hostility long preceded congres- and an independent judiciary is im- New Orleans levees. We are also thank- sional intervention in the tragic case paired, decisions become increasingly ful that the Bellevue Baptist Church, of Terri Schiavo and has taken many politicized. Public confidence in the the Cathedral of Faith Ministries, forms beyond the most simple and per- rule of law erodes and people begin tak- Christ United Methodist Church, Cor- nicious, that of defunding the courts. It ing law into their own hands: 174 years nerstone Institutional Baptist Church, includes measures stripping the courts ago, Supreme Court Chief Justice John the Cummings Street Baptist Church, of jurisdiction to hear particular cases, Marshall warned, ‘‘The greatest the Greater Harvest Church of God in condemning the courts for the citation scourge an angry heaven ever inflicted Christ and the Greater Praise Church of certain precedent, and splitting cir- upon an ungrateful and sinning people of God in Christ, the Independent Pres- cuits out of a dislike for their jurispru- was an ignorant, a corrupt, or a de- byterian Church Grove, the Memphis dence. pendent judiciary.’’ Union Mission, Mid-South Baptist As- One constitutional amendment would During the confirmation hearings of sociation Retreat Center, and the Bap- even change the Framers’ design-of-life John Roberts next week, there will be

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.113 H08SEPT1 H7794 CONGRESSIONAL RECORD — HOUSE September 8, 2005 a great many important questions sonnel, and one of the things that they The SPEAKER pro tempore (Miss asked about Roberts’ judicial philos- needed was beds because you have lit- MCMORRIS). Under a previous order of ophy, his views on individual rights erally tens of thousands of people who the House, the gentleman from Oregon and freedoms. But I hope that at least are living in gymnasium settings; that (Mr. DEFAZIO) is recognized for 5 min- one Senator will ask whether Roberts, is, where they go into a civic center or utes. a prodigy of and potential successor to a gymnasium and they may have a (Mr. DEFAZIO addressed the House. Rehnquist, will aspire to succeed not blanket or two, but they do not have a His remarks will appear hereafter in only his mentor’s conservative revolu- bed, a mattress, between them and the the Extensions of Remarks.) tion but his all too solitary work to re- ground. f pair the damage to the historic and So we had a need there, and rescue The SPEAKER pro tempore. Under a vital comity between the Congress and task force personnel managed to run previous order of the House, the gen- the courts. down, working with some of the big tleman from Georgia (Mr. NORWOOD) is stores, 1,000 beds for the folks there, f recognized for 5 minutes. and we got those paid for. I got a call (Mr. NORWOOD addressed the House. ORDER OF BUSINESS yesterday that they, in fact, had been His remarks will appear hereafter in Mr. HUNTER. Madam Speaker, I ask delivered. the Extensions of Remarks.) Then we delivered lots of baby food unanimous consent to take my Special f Order at this time. and canned food to the various locations. The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Is there previous order of the House, the gen- objection to the request of the gen- But I was really impressed when I was at the civic center there, this ref- tleman from Ohio (Mr. BROWN) is rec- tleman from California? ognized for 5 minutes. There was no objection. ugee center, or evacuee center. I was impressed with the people of Louisiana, (Mr. BROWN of Ohio addressed the f because they had so many volunteers, House. His remarks will appear here- RELIEF EFFORTS FOR VICTIMS OF they actually were having to turn after in the Extensions of Remarks.) HURRICANE KATRINA them away, and they had mountains of f The SPEAKER pro tempore. Under a clothes that had been donated to the ADVOCATING FOR SUPPORTING previous order of the House, the gen- point where they said, do not bring any THE VICTIMS OF HURRICANE tleman from California (Mr. HUNTER) is more clothes. KATRINA IN A FISCALLY RE- They had a great medical system set recognized for 5 minutes. SPONSIBLE WAY up where people from the disaster were Mr. HUNTER. Madam Speaker, I getting, in most cases, more checkups The SPEAKER pro tempore. Under a want to talk a little bit about the won- than they had had in years with the previous order of the House, the gen- derful people of Rescue Task Force who doctors and nurses available, and they tleman from Iowa (Mr. KING) is recog- are headquartered in San Diego, who were getting good, hot meals. nized for 5 minutes. have been operating in the disaster We went in the next day by air boat, Mr. KING of Iowa. Madam Speaker, I area in New Orleans, and use that dis- into the streets and the communities feel compelled to come to the Floor cussion about them to reflect on all the that were under water in New Orleans, here and make some remarks with re- great private efforts and public efforts and I want to report that our military gard to Hurricane Katrina, what we to help the victims who have been cre- personnel, the National Guard folks, have done here from Congress, and ated by this incredible disaster in New the active duty folks, and also lots of what we need to do in the future. Orleans. other folks from other agencies like First, I want to say that as I look Rescue Task Force is a small group. ATF and reserve sheriffs’ organizations across the broad expanse of that dis- It is headed up by Wendell Cutting, are doing a wonderful job now in pro- aster, the 90,000 square miles, roughly who is my chief of staff in San Diego viding that very necessary security. the size of Kansas, and I listen to the and a guy who a couple of years ago Now, I think it is a shame that we description that was delivered by Sec- was given only 3 months to live with have to spend so much manpower on retary of Homeland Security Michael terminal cancer and who has continued security and have active duty military Chertoff, that if you were going to do a to survive and I think survive as an in- forces come in that have to provide military assault on a city, that storm spiration based on his continued drive that security, but that is a fact of life, did what a military assault would do. and enthusiasm for helping people. and they are doing a great job. It went in on the wind and blew out the Wendell and Gary Becks have gone Madam Speaker, along those lines, I electricity and the communications, around the world in setting up medical think that the real tragedy of this hur- took the communications systems out, clinics, providing food, providing med- ricane, aside from those individuals the power grid out, and then it cut off ical services in Afghanistan and Iraq, who lost their lives, is not the water the transportation avenues in and out in Albania, in Central America, and and it is not the hurricane itself or the of the cities by taking out the bridges. now are providing a helping hand in damage, the property damage, because Then, once it had isolated the city, New Orleans. all of that can and will be rebuilt. The then it attacked, and that was the A couple of days ago, they allowed real tragedy to me was that group of flood that went in and did such dev- me to go along on one of their mis- people, part of that generation of folks astating damage, damage that we have sions. We went to Houma, Louisiana. I who live in New Orleans, which in- not quantified to date and will not had with me Scott Turner, who is retir- cluded people who shot at the rescue quantify for at least some months to ing this year after 10 years in the NFL, helicopters, who looted, and who com- come, if not years to come. a wonderful cornerback who played for mitted crimes against their fellow citi- The work that was done down there, the Redskins and the Chargers and the zens during this time of tragedy, dur- I know that the National Guard as Broncos. And along with Scott was ing and shortly after the hurricane. early as a week ago Wednesday took Larry Nelson, the mayor of Yuma, Ari- I think we need to put together a chain saws and sawed their way into zona; and Roy Tyler, who is a business- program or legislation to make sure some of the communities. We have man from San Diego who now has Ty- that we do not reinstitute the projects, 70,000 military on the ground down ler’s restaurants in Yuma, Arizona. the location where people have lived there providing all of the assistance for generations in a system that has that they can. There were volunteers b 1715 not produced a high degree of moral that came from everywhere, as the We brought along some help, but we compass and a high work ethic, and all chairman of the Committee on Armed also stopped in Houston. of the other things you need to have Services has said, so it is a huge human When we landed in Houston, we had a for a solid community. effort on the part of our people in this lot of supplies there ready, and we So let us work to rebuild not just country. The donations have been flow- trucked them into the affected area in New Orleans, but let us build a new ing in. We have all reached out. Houma. We went to the civic center in generation of young people in New Or- Now, having said that, Madam Houma with the rescue task force per- leans who will be outstanding citizens. Speaker, I want to also qualify this

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.114 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7795 statement by informing this body, have the oversight ability to be going insulate voters from the money costs Madam Speaker, that I am a flood vic- in and spending $51.8 billion and doing of the wars to the point even of exclud- tim. I lived through the floods of 1993 so in an unchecked fashion. ing outlays for them from the regular in Iowa, and I had a business at that I asked to slow down this appropria- budget process. Furthermore, they fi- time. Actually, it did survive the flood, tion process, do it a week at a time so nanced the wars not with taxes, but by barely, with four major contracts going we could evaluate where we are going. borrowing abroad.’’ on simultaneously that had been under That is why I voted ‘‘no.’’ Dr. Reinhardt continues, ‘‘The stra- water intermittently throughout all I am going to be part of this recon- tegic shielding of most voters from any the spring; and by July 9, they were all struction effort, I am going to be part emotional or financial sacrifice for under water simultaneously, and I was of standing with the victims of this these wars cannot but trigger the ana- looking at whether I was going to be flood, but in a fiscally responsible fash- logue of what is called ‘moral hazard’ able to survive as a business or not. ion. in the context of health insurance, a I have gone through this pain. I f field in which,’’ Dr. Reinhardt says, ‘‘I walked away from my own business THE SHARED SACRIFICES OF WAR have done a lot of scholarly work. and let it sit and went and helped other There, moral hazard refers to the tend- The SPEAKER pro tempore. Under a people on the other side of the State. I ency of well-insured patients to use previous order of the House, the gen- am not a person without compassion. I health care with complete indifference tleman from New Jersey (Mr. HOLT) is am also not a person without fiscal re- to the costs they visit on others. It has recognized for 5 minutes. sponsibility. Mr. HOLT. Madam Speaker, I would prompted President Bush to advocate So when we were requested to sup- like to take this opportunity to read health insurance with very high port a unanimous consent agreement deductibles. But if all but a handful of into the RECORD an insightful article last week that appropriated $10.5 bil- by Dr. Uwe Reinhardt, one of the Na- Americans are completely insulated lion, I asked some questions on that, tion’s leading authorities on health against the emotional and financial and some of the answers that I got care economics and a distinguished cost of war, is it not natural to suspect were, well, it was $500 million a day, resident of central New Jersey. Dr. moral hazard will be at work in that now it is $750 million a day, so we need Reinhardt is known for his health care context as well? to get FEMA through until next week, economics, but here he articulates the ‘‘A policymaking elite whose families and then we can take up this issue in a danger of what economists call the and purses are shielded from the sac- rational fashion. ‘‘moral hazard’’ we are currently facing rifices war entails may rush into it Well, we took up this issue in a fash- with regard to Iraq. hastily and ill-prepared, as surely was ion today, but I do not think it can be Economists refer to moral hazard the case of the Iraq war. Moral hazard defined as a ‘‘rational’’ fashion. The when people, insensitive to the costs of in this context can explain why a na- $750 million a day became $2 billion a their actions, increase the costs to oth- tion that once built a Liberty ship day, and when I asked the director of ers. With regard to Iraq, we have a sit- every 2 weeks and thousands of newly the Office of Management and Budget uation in which the vast majority of designed airplanes in the span of a few for an itemization of how they cal- policymakers and the general public years now takes years merely to prop- culated this, we got asked to vote for are utterly insulated from the human erly arm and armor its troops with $51.8 billion, with only about three line and financial costs of the war. conventional equipment. items in it: $1.4 billion, and I have it Dr. Reinhardt, as the father of a U.S. ‘‘Moral hazard can explain why, in here, for the military; there is a $15 Marine, personally understands the wartime, the TV anchors of the morn- million set-aside, thankfully, for an in- angst that families feel every day ing and evening shows barely make spector general to help audit some of about loved ones serving in harm’s time to report on the wars, lest the re- this, but basically, we are looking at way. President Bush has taken to anal- ports displace the silly banter with $50 billion in one line item that says, ogizing the war in Iraq to the Amer- which they seek to humor their view- Trust us, we know what we are doing. ican Revolution and, most recently, ers. Do they ever wonder how military Well, after I asked for the line items the Second World War. What follows is families with loved ones in the fray in this, I got a sheet at 5:34 this morn- an opinion article written by Dr. might feel after hearing ever so briefly ing, no time to drill down through this Reinhardt that appeared in the Wash- of mayhem in Iraq and Afghanistan. data. One of the things that we ques- ington Post last month, in August, en- ‘‘Moral hazard,’’ he says, ‘‘also can tioned OMB about yesterday was their titled ‘‘Who is Paying For Our Patriot- explain why the general public is also announcement to us that there were ism?’’ I will insert the entire article for so noticeably indifferent to the plight 200,000 trailer homes purchased as part the RECORD. of our troops and their families. To be of that first $10.5 billion, for a cost of Dr. Reinhardt writes, ‘‘President sure, we paste cheap magnetic ribbons $3.3 billion, $16,000 a unit, roughly. Bush assures us that the ongoing twin on our cars to proclaim our support for There are only 30,000 temporary home wars in Iraq and Afghanistan are worth the troops.’’ trailers available for purchase in the the sacrifices they entail. Editorialists 1730 United States; the balance of those around the Nation agree and say that a b 200,000 would need to be constructed. steadfast American public was willing But at the same time we allow fami- Apparently, the Federal Government to stay the course. lies of Reservists and National Guard has signed a contract for the delivery ‘‘Should anyone be surprised by this members to slide into deep financial of the 30,000 and the construction of national resolve, given that these wars distress as their loved ones stand tall 170,000 units for the price of $3.3 billion. visit no sacrifice of any sort, neither for us on lethal battle fields and the That is one of the ways that they are blood nor angst nor taxes, on well over family is deprived of these troops’ typi- spending $2 billion a day, is to create 95 percent of the American people? At cally higher civilian salaries. We offer trailer homes in a region where they most, 500,000 American troops are at a pittance in disability pay to seriously may or may not be useful in the long risk of being deployed to these war the- wounded soldiers who have not served term, approximately 100 miles north of aters at some time. Assume that for the full 20 years that entitles them to New Orleans on the high ground, the each one of them, some 20 members of a regular pension. And our legislative dry ground, as I am told. the wider family sweat with fear when representatives make a disgraceful That is imprudent early spending of they hear that a helicopter crashed in spectacle of themselves bickering over money; it is not disaster spending of Afghanistan, or that X number of sol- a mere $1 billion or so in added health money. diers or Marines were killed or seri- care spending by the Department of In addition, this appropriation that ously wounded in Iraq. It implies that Veterans Affairs in a Nation with a $13 passed this House today has in it also a no more than 10 million Americans trillion economy. provision for $1.6 billion to go for an- have any real emotional connection to When our son, says Dr. Reinhardt, other 100,000 trailer homes, none of these wars. then a Princeton graduate, decided to which are built, and probably they are ‘‘The administration and Congress join the Marine Corps in 2001, I advised not contracted at this point. We do not have gone to extraordinary lengths to him, do what you must. But be advised

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.120 H08SEPT1 H7796 CONGRESSIONAL RECORD — HOUSE September 8, 2005 that, flourishing rhetoric notwith- offer a pittance in disability pay to seriously with the victims of Hurricane Katrina standing, this Nation will never truly wounded soldiers who have not served the in the gulf States because my home, honor your service, and it will con- full 20 years that entitles them to a regular south Florida, has been struck by nu- demn you to the bottom of the eco- pension. And our legislative representatives merous hurricanes and is threatened by make a disgraceful spectacle of themselves nomic scrap heap should you ever get bickering over a mere $1 billion or so in them every year. Even now we have seriously wounded. added health care spending by the Depart- Hurricane Ophelia, which at 5 o’clock Madam Speaker, I ask unanimous ment of Veterans Affairs—in a nation with a was declared a hurricane approaching consent that the full article of Dr. Uwe $13 trillion economy! the coast. Reinhardt, ‘‘Who’s Paying for Our Pa- Last year kind-hearted folks in New Jersey The scenes of the destruction triotism?’’ appear at this point in the collected $12,000 at a pancake feed to help throughout Alabama, Louisiana and RECORD. stock pantries for financially hard-pressed Mississippi have reminded south Flo- President Bush assures us that the ongoing families of the National Guard. Food pan- ridians of the devastation of Hurricane twin wars in Iraq and Afghanistan are worth tries for American military families? The Andrew, a Category 5 hurricane which the sacrifices they entail. Editorialists state of Illinois now allows taxpayers to do- struck south Florida 13 years ago. around the nation agree and say that a nate their tax refunds to such families. For However, I rise tonight to call the the entire year 2004, slightly more than steadfast American public was willing to Nation’s attention to something that I stay the course. $400,000 was collected in this way, or 3 cents Should anyone be surprised by this na- per capita. It is the equivalent of about think has been overlooked, understand- tional resolve, given that these wars visit no 100,000 cups of Starbucks coffee. With a simi- ably, by the Nation, and that is the sacrifice of any sort—neither blood nor angst lar program Rhode Island collected about 1 plight of those residents in Florida who nor taxes—on well over 95 percent of the cent per capita. Is this what we mean by suffered damage because of Hurricane American people? ‘‘supporting our troops’’? Katrina. I want to remind people that At most, 500,000 American troops are at When our son, then a recent Princeton Hurricane Katrina first made landfall risk of being deployed to these war theaters graduate, decided to join the Marine Corps in in Florida, striking Broward and at some time. Assume that for each of them 2001, I advised him thus: ‘‘Do what you must, Miami-Dade counties in the heart of some 20 members of the wider family sweat but be advised that, flourishing rhetoric notwith fear when they hear that a helicopter withstanding, this nation will never truly my congressional district. crashed in Afghanistan or that X number of honor your service, and it will condemn you When it first hit Florida, Hurricane soldiers or Marines were killed or seriously to the bottom of the economic scrap heap Katrina was not a large storm. In fact, wounded in Iraq. It implies that no more should you ever get seriously wounded.’’ The when it made landfall in Florida, it was than 10 million Americans have any real intervening years have not changed my only a Category 1 hurricane which emotional connection to these wars. views; they have reaffirmed them. moved quickly over the State and The administration and Congress have Unlike the editors of the nation’s news- moved out into the gulf before building gone to extraordinary lengths to insulate papers, I am not at all impressed by people strength and causing the devastation voters from the money cost of the wars—to who resolve to have others stay the course in that has transfixed our Nation for the the point even of excluding outlays for them Iraq and in Afghanistan. At zero sacrifice, from the regular budget process. Further- who would not have that resolve? last 10 days. more, they have financed the wars not with While only a Category 1 hurricane at f taxes but by borrowing abroad. the time, the damage caused by The SPEAKER pro tempore (Miss Dr. Reinhardt continues: Katrina in south Florida was extensive MCMORRIS). Under a previous order of for many people. The strategic shielding of most voters from the House, the gentleman from Illinois any emotional or financial sacrifice for these In Broward and Miami-Dade coun- wars cannot but trigger the analogue of what (Mr. LIPINSKI) is recognized for 5 min- ties, more than 350 homes were dam- is called ‘‘moral hazard’’ in the context of utes. aged or destroyed by Hurricane health insurance, a field in which I’ve done a (Mr. LIPINSKI addressed the House. Katrina. lot of scholarly work. There, moral hazard His remarks will appear hereafter in The South Florida Sun-Sentinel re- refers to the tendency of well-insured pa- the Extensions of Remarks.) ports today that Craig Fugate, Flor- tients to use health care with complete indif- f ida’s emergency management chief, ference to the cost they visit on others. It told FEMA officials this week that the The SPEAKER pro tempore. Under a has prompted President Bush to advocate State expects the loss of over 2,000 previous order of the House, the gen- health insurance with very high deductibles. farm-related jobs in Miami-Dade Coun- But if all but a handful of Americans are tleman from Maryland (Mr. CARDIN) is ty alone. Okra, malanga, sweet potato, completely insulated against the emo- recognized for 5 minutes. and cassava crops have been destroyed, tional—and financial—cost of war, is it not (Mr. CARDIN addressed the House. he said, resulting in about a $492 mil- natural to suspect moral hazard will be at His remarks will appear hereafter in lion loss. In addition, State agriculture work in that context as well? the Extensions of Remarks.) A policymaking elite whose families and officials say avocado and tropical fruit purses are shielded from the sacrifices war f crops were severely affected. entails may rush into it hastily and ill pre- Many of the farmers and agricultural pared, as surely was the case of the Iraq war. HURRICANE ASSISTANCE FOR FLORIDA workers that grow and tend these crops Moral hazard in this context can explain why will be out of jobs or will lose signifi- a nation that once built a Liberty Ship every The SPEAKER pro tempore. Under a cant income this year as a result of two weeks and thousands of newly designed previous order of the House, the gentle- airplanes in the span of a few years now this storm. takes years merely to properly arm and woman from Florida (Ms. WASSERMAN On Saturday, August 27, the front armor its troops with conventional equip- SCHULTZ) is recognized for 5 minutes. page of The Washington Post and many ment. Moral hazard can explain why, in war- Ms. WASSERMAN SCHULTZ. other media outlets throughout the time, the TV anchors on the morning and Madam Speaker, I rise today to intro- country showed pictures of the flooding evening shows barely make time to report on duce legislation with all 25 Members and damage in south Florida resulting the wars, lest the reports displace the silly from the State of Florida that would from Hurricane Katrina. banter with which they seek to humor their assist residents of Florida who were That is why it came as a surprise to viewers. Do they ever wonder how military victims of Hurricane Katrina. But be- many homeowners when last week families with loved ones in the fray might feel after hearing ever so briefly of mayhem fore I do, I would like to say that I am FEMA announced that they would not in Iraq or Afghanistan? proud to have supported the two emer- be providing individual assistance to Moral hazard also can explain why the gen- gency relief supplemental that we have residents of Florida who suffered dam- eral public is so noticeably indifferent to the passed for victims of the hurricane in age or destruction as a result of Hurri- plight of our troops and their families. To be an overwhelmingly bipartisan fashion. cane Katrina. sure, we paste cheap magnetic ribbons on our The pain of those who have lost loved I want to make it very clear to you, cars to proclaim our support for the troops. ones, their homes, their pets and now Madam Speaker, what the effect of this But at the same time, we allow families of find themselves in temporary housing decision means to the residents of reservists and National Guard members to slide into deep financial distress as their thousands of miles from home, their south Florida who suffered damage loved ones stand tall for us on lethal battle- pain is palpable. from the hurricane. This here, this, is fields and the family is deprived of these As a Member of Congress who rep- what FEMA refuses to pay for when troops’ typically higher civilian salaries. We resents south Florida, I can empathize Hurricane Katrina struck Florida.

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.122 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7797 This woman here, who has had the FL area in poverty was 17 percent. The Fed- Federal budget deficit, and it has roof ripped off her house and most of eral poverty level is, just $12,334 for a family slowed our economy over the past few her possessions water damaged, of two and only $19,307 for a family of four. years. This development is not a tem- FEMA’s response to her is, you are on Denying the people of this area Federal aid in porary blip on the radar screen. It is your own. Good luck. rebuilding their lives is unconscionable. the culmination of a generation of in- And how about this family here. This It is for this reason, Mr. Speaker, that today creased regulations, unsound tax poli- woman is standing in water that is I am proud to introduce legislation that is co- cies, languishing emphasis on math above her knees. The water is inside sponsored by every member of Florida’s and science, education, unchecked her house and has damaged her cars. House of Representatives delegation. All health care costs, rampant lawsuit Her house is not a fancy beach house. twenty-five Republicans and Democrats. abuse, unfocused research and develop- It is an average American’s house. Her My legislation would direct FEMA to cover ment funds, and a weak trade policy car is a later model and clearly more valid claims for individual assistance resulting enforcement system. than 10 years old. from Hurricane Katrina’s impact on the State In short, our government has made it What was FEMA’s response to her of Florida. difficult and less desirable to keep family’s request for help? The same as This legislation does not ask for something businesses in America. Over the past it was to the people in New Orleans unusual, it only asks to right the wrong done generation we have put up roadblocks who were dying in the first days after to the people of Florida and it allows us as a to keeping and creating jobs in Amer- Katrina struck: you are on your own. Nation to answer the tear-filled question of ica. If these current trends continue, My question to FEMA is this: Storms what am I supposed to do now, posed to me our economy will continue to lag and do not know State boundaries, so why by Dorothy Rothbauer last week. will no longer remain the most dy- does FEMA? I urge my colleagues to co-sponsor my leg- namic economy in the world. Looking at this picture here of the islation that would extend relief to the Florida Meanwhile, countries like China and woman standing in her destroyed victims of Hurricane Katrina. other nations are preparing for the fu- home, I am reminded of a woman that ture. They are educating their students f I met last week when touring hurri- in math, science and technology and The SPEAKER pro tempore. Under a cane damage in my own congressional pumping out record numbers of engi- previous order of the House, the gen- district. I was touring the damage at neers. They are reducing tax rates and tleman from Illinois (Mr. EMANUEL) is the Park City Estates mobile home other economic barriers to entice in- recognized for 5 minutes. community in Davie, when I met Doro- vestments into their nations. These (Mr. EMANUEL addressed the House. thy Rothbauer, an 86-year-old resident countries are pursuing aggressive trade His remarks will appear hereafter in whose mobile home was damaged in policies to reduce America’s economic the Extensions of Remarks.) Hurricane Katrina. dominance in world trade. Ms. Rothbauer’s home is roughly 20 f Some of the examples are Ireland. miles from the beach. Her mobile home The SPEAKER pro tempore. Under a Ireland has shifted from a Third World is nice. It is not extravagant. It is cozy previous order of the House, the gen- nation of Western Europe to the envy and it has been her home for 25 years. tleman from Maryland (Mr. CUMMINGS) of the European Union largely due to Ms. Rothbauer is not a woman who is recognized for 5 minutes. its tax policies. The Celtic tiger has lives beyond her means. She lives mod- (Mr. CUMMINGS addressed the lowered its corporate tax rate to 121⁄2 estly and saves her money and has got- House. His remarks will appear here- percent, stimulating the economy and ten by all of these years. after in the Extensions of Remarks.) creating jobs. But now she needs help. She needs f India was languishing under a burden her government’s help. As she showed of a socialist government; but now The SPEAKER pro tempore. Under a me the damage to her house, she began through their concerted effort to re- previous order of the House, the gentle- to cry. It was excruciating. Pieces of duce regulations, they have stimulated woman from Florida (Ms. CORRINE the exterior have fallen off. Water has their economy. BROWN) is recognized for 5 minutes. leaked in and the extent of structural China currently graduates more (Ms. CORRINE BROWN of Florida ad- damage is unknown. English-speaking electrical engineers dressed the House. Her remarks will She looked into my eyes, knowing than America does. Their focus on edu- appear hereafter in the Extensions of that FEMA had told her that they cation, especially math and science Remarks.) could not offer her assistance, and cry- and technology, is allowing China to ing, asked me what she was supposed f build their own Silicon Valley and at- to do now. MESSAGES FROM THE PRESIDENT tract the world’s technological busi- As I visited the other homes in the ness to their doors. neighborhood, I realized that Dorothy’s Messages in writing from the Presi- Brazil has achieved what some be- house did not have even as extensive dent of the United States were commu- lieve to be a pipe dream. They are pro- damage as the others. nicated to the House by Mr. Sherman jected to be completely energy self-suf- Across the street and down the block, Williams, one of his secretaries. ficient in a couple of years. It took roofs were entirely ripped off of these f them years to develop renewable en- houses. ergy sources, but now they are the IDEAS FOR A BETTER AMERICA Dorothy’s neighborhood is just one of leaders in ethanol production, and many communities affected by Hurri- The SPEAKER pro tempore. Under their economy is not suffering from the cane Katrina throughout Broward and the Speaker’s announced policy of Jan- current high crude oil prices. Miami-Dade counties. And FEMA’s an- uary 4, 2005, the gentleman from Kan- Chile is becoming an economic leader swer to why they are not offering indi- sas (Mr. TIAHRT) is recognized for 60 in Latin America by breaking down the vidual assistance to us in Florida is minutes as the designee of the major- barriers and doing business in their na- that for this storm FEMA has decided ity leader. tion. Their emphasis on signing free there is a State threshold of 800 homes Mr. TIAHRT. Madam Speaker, I will trade agreements has been very fruit- that need to be damaged in Florida. spend some time this afternoon talking ful. Last year they signed free trade My State of Florida has been hit by about how we can keep and create jobs agreements with the United States and six hurricanes, six in the past 2 years. in America. For almost two centuries with South Korea. They are currently Denying the people of Florida Federal the American economy has been the in negotiations with China, India, New assistance to rebuild their homes is envy of the world. With its dynamic, Zealand, Singapore, Japan and Aus- wrong, and I urge my colleagues in the hardworking, motivated workforce tralia; and they will continue to thrive. House to join the 25 Members from America has truly been the land of op- For these reasons, these nations and Florida in ensuring that FEMA will re- portunity where innovation has other world economies are poised to imburse them for their damage. thrived. But that status is changing. move ahead of the United States in the The Census Bureau reports that in 2004, We are now running a $670 billion an- next decade. In fact, the 2005 Index of the percentage of people living in the Miami/ nual deficit that is contributing to our Economic Freedom by the Heritage

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.125 H08SEPT1 H7798 CONGRESSIONAL RECORD — HOUSE September 8, 2005 Foundation ranks the United States The total burden of the environmental amazed me; the area is only about 3 13th in the world. For the first time in economic impact at the workplace and square miles, and to produce the pro- 3 years we are not in the top 10 in the through tax compliance, this regu- duction that is all that would need to world in this measurement. This is due latory burden mounts up and the total be utilized. And it is in an area in the both to other nations’ progress and cost is $850 billion per year. North Slope of Alaska, which is the economic competitiveness, as well as b 1745 size of California. our own barriers to a thriving econ- We have to be able to develop new omy. Without attention to these mat- Eight hundred fifty billion dollars a sources of production. Natural gas is ters, the United States is headed to- year to comply with regulation in the also in limited supply with futures wards a third-rate economy, and 20 United States; that amount of money prices in the month of December peak- years from now we may no longer be is greater than the gross domestic ing $12 per 1,000 cubic feet. What does the world’s leader. products of either Canada or Mexico. that mean? It means higher electricity Congress needs to take these matters For any product manufactured in the costs, but in comparison, that same seriously. Last year the House began United States, the cost to comply with unit of measure is only $4 in Europe the competitiveness legislative agenda regulations is 12 percent of the cost of and less than $1 in Russia. on the floor. Over a period of 8 weeks that product. In other words, if it costs Why is it so high in America? We we discussed and voted on issues re- $1 to build that product, 12 cents of have had environmental lawsuits and lated to keeping and creating jobs in that dollar goes just to comply with EPA regulations against developing America. the paperwork. new sources of producing electricity Later this month, the Jobs Action What if we applied some common like clean coal production plants. We Team is again bringing legislation to sense to our regulations and stream- have had the inability to build a pipe- the House floor to combat this prob- lined the application? What if we could line from the Canadian natural gas lem. But we need to take a long-term reduce them by half? We would be 6 fields to the east coast of America. We vision approach. For this reason, the percent more competitive in the world can lower the energy costs by easing House Economic Competitiveness Cau- and that would help us create jobs. regulations and applying some common cus has been created. The House Eco- Lifelong learning is another issue sense, by increasing the production of nomic Competitiveness Caucus will be where we need to remove barriers. Job crude, by increasing the refinery capac- launched with offering opportunities to training and retraining are necessary ity here in America, but we also need get Members involved in creating and parts of keeping up in today’s eco- to improve conservation and increase keeping jobs in America by removing nomic environment. Our children must alternative energy sources. the barriers that Congress has created. learn the fundamentals of math and Today, in Kansas, we are building a The House Economic Competitive- science and they must become familiar windmill farm which will generate ness Caucus will focus on ways to un- with technology and be exposed to a electricity and we are going to build cover and help the economic competi- math and science curriculum in order four additional wind electricity gener- tiveness in the global market as well. to be able to compete in a global econ- ating farms in Kansas, and that is a The caucus will provide and deepen the omy. We must help all of our colleges good alternative source of energy. But understanding and underlying prob- and universities produce graduates who we need to continue finding other al- lems that inhibit economic growth and enter science and engineering careers. ternative sources and new sources if we will focus on long-term risks with cur- The nation of India graduated 85,000 are going to be competitive in the fu- rent policies that make American busi- software engineers last year. As I told ture. nesses uncompetitive. you earlier, China graduated more Innovation and investment is an- Our idea is to create and keep jobs in English-speaking electrical engineers other area where we need to remove America. Of these jobs, the idea to than the United States. We have to en- barriers. Technology is the engine of keep jobs and create jobs, we have des- courage more young women and young growth, yet America does not really ignated the problems into eight cat- men to pursue technical areas of our have a comprehensive plan to encour- egories. These eight categories are economy. age research and development. In Eu- going to be addressed, and I will go Energy is a tremendous issue today rope they have a different philosophy through them to tell you about what and it is a barrier to keeping and cre- for research and development. Their we need to do in each one; but these ating jobs. We have all seen the price of money goes directly into product de- are the areas that Congress has created gas at the pumps. It costs me over $40 velopment and it is not available for barriers to keeping and creating jobs, to fill up my minivan. Imagine those other companies to expand. We have and we are going to help remove some on fixed incomes, those who are retired not seen it that way in America. We do of those barriers. or farmers and truckers or anyone else not do things like they do with AirBus, Health care security is the first who uses transportation to create or for example. AirBus is subsidized by issue. Costs related to health care are keep their jobs? Our gas prices are too European nations, by their owner na- growing at a rate faster than inflation. high. Even before Hurricane Katrina, tions, and that research and develop- The people who keep and create jobs gasoline was on the rise. ment goes directly into a product that here in America tell me that health We have not built a new refinery in competes with products in America care costs is their greatest challenge America since 1976. The limited growth that are not subsidized, that are built today. The CEO of Starbucks Coffee an- in new production of crude oil has been by Boeing. nounced that his company spends more a tremendous problem. We once again But in America we take our research on health care than they do on coffee were defeated in trying to open up the and development dollars, like the ones itself. Their raw materials are less Alaska National Wildlife Reserve, or that are spent at the National Insti- than their health care costs. It is a ANWR. I have always been puzzled tute of Aviation Research at Wichita huge problem that drives up the price after living in Kansas, what is so pre- State University, where we develop of American products, and that forces cious about ANWR? Kansas has been new manufacturing techniques for jobs overseas. It is a complex problem producing oil for 100 years. We cleanly composite materials, research on their whose policies are set through govern- and efficiently drill and discover new ability to withstand stresses, their ment policy primarily because of what sources of petroleum right in Kansas ability to compare composites, and is demanded in Medicare, Medicaid, near metropolitan areas, near urban that research and development is made and in lawsuit vulnerability. And this settings and in rural settings, and we available to small businesses to de- problem must be addressed in order to do it without disturbing the environ- velop new ideas and put them into lower costs and improve our ability to ment or polluting the environment. practice and create jobs. It is available compete. Why can we not do that in the Alaska to Boeing, Beech. It is available to The second area that we need to im- National Wildlife Reserve? Cessna and LearJet and any small busi- prove here in America is bureaucratic In the energy bill we were requesting ness. It is even available to AirBus, red tape. The Federal Government has only 1,800 acres to produce oil in an even though their research dollars are become a creeping ivy of regulations. area of over 2.5 million acres. It just not made available to us. We need to be

VerDate Aug 18 2005 02:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.129 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7799 more focused and more protective of the bottom line. Right now through Those eight issues are issues we are our research and development discov- our income tax system, the way it is working on through the Economic eries. structured today, the costs end up on Competitive Caucus: Health care secu- We also need to encourage inter- the bottom line. The cost of all the rity, bureaucratic red tape termi- national investment. Capital dollars, labor, the cost that gets buried into nation, lifelong learning, energy self- the dollars needed or dollars that are the products that are passed from one sufficiency and security, innovation needed for investment, capital goes supplier to a manufacturer to a retailer and investment, trade fairness, tax re- where it is welcome. With good inten- or a wholesaler, gets buried into our lief and simplification, and ending law- tions to protect investors in America, products and it makes us less competi- suit abuse and litigation management. Congress has created regulations that tive in the world market. So we need to If we can get these legislative initia- make it difficult to attract capital into find a way to remove our taxes from tives through, we will lower the cost of America. the bottom line and still accumulate doing business in America. That will Now, in South Carolina you can find the amount of money that we need to help us create new jobs. We will be able a BMW plant. That is a place where we run the Federal Government. to keep the jobs that we have, and in have attracted outside investment in The last item I want to talk about in doing that, we will we will be the dy- America. We need to do more of that, the steps to competitiveness is ending namic economic force in the future but it is very difficult when we have lawsuit abuse. We can return integrity that we are today. these barriers that have been created. to our legal system by curtailing frivo- We have a wonderful opportunity Trade fairness is another area where lous lawsuits and returning the courts’ that came through a horrible tragedy, we need to protect American exports, attention to upholding the laws of our and I want to talk about what things and it should be foremost in any trade land rather than legislating from the could be done in rebuilding in the gulf agreement and any policy that Con- bench. We have seen lawsuit abuse. We area in the south following the damage gress reviews and considers. The ulti- have seen activist judges create a situ- that was caused by Katrina. mate goal should be to put American ation where America has difficulty in Katrina was a horrible incident with businesses at the top of the global sup- our costs. the loss of life, the loss of property. One of the things we are going ply chain which benefits small busi- The South is never going to be the through now is an asbestos settlement. nesses and creates jobs. same. If you look at the area we are The asbestos settlement is going to Now, trade fairness can be applied to told that 100,000 square miles were af- create a trust fund, and we must be any time we have a trade agreement. fected by Hurricane Katrina. Now that very, very sure that only those that So it is important that we continue to is larger than the State of Kansas. It is have been actually impacted by asbes- have trade agreements like we just hard to get our minds around the area passed this summer called CAFTA, the tos receive money from the trust fund and that it does not become a cash or and the amount of damage that has Central America Free Trade Agree- been caused in the South by Katrina. ment. These free trade agreements give a slush fund for anybody who gets to slide into the fund. But it is going to be When you look at the property dam- us a vehicle to allow free and fair age, the houses that are blown away, trade. If you look at the way some poli- huge. It is going to be $180 billion. That money comes out of the profit lines, you cannot really picture the heart- cies have happened through trade, for and it means it is going to drive up the ache that is created by the loss of a example, China, they have manipulated cost of products in America. loved one or even the loss of pictures, their currency. They have targeted We have lawsuits where 40 percent of items that you have from people who manufacturing areas like hand trucks the money does not go to the victims. preceded you in life, and photos and and auto lifters. Sometimes it is 50 percent of the journals and just things that are taken In Wichita we have a company that money that does not go to the victims. from us when we have a tragedy like makes hand trucks. Hand trucks are We have lawsuits where too many peo- that. Whether it is a flood or high what moves boxes around for one indi- ple get involved in the lawsuit and the wind, it is gone and you will never be vidual to use. Those have been targeted cost of going through our system be- able to replace those items. by China, and they manufacture them comes extremely high. That ends up I know when we had water damage in and they sell them below the cost of buried in the cost of our products and my own home and lost items that were manufacturing them through subsidies, makes us less competitive. The other precious to me, I could not put a price trying to run American manufacturers side of the equation is the activist tag on it. My wife lost the Bible that out of business so they can have a cor- judges that have been involved in our she had that she wrote comforting ner on the market. We need to combat court system in the debate. notes in on the day she lost her father. that through trade fairness. In Kansas, for example, one of our Those kinds of things cannot be re- The one thing that we have an over- judges decided that the State was not placed. But what we can do in the surplus of in America that we need to spending enough money on education. South is, we can rebuild that area. We export is lawsuits. And the way we can Well, that is a good debate to have and can give the people who live there export lawsuits is through our trade those decisions should be made by our hope. We can create an economic en- agreements, by taking these countries legislature. We have this concept in gine down there that can be greater to task when they unfairly target our America of separation of powers. We with new jobs and new ideas and new businesses. have an executive branch, a legislative possibilities. Another thing we need to do is tax branch, and we have a judicial branch. Now we can do that, set up an experi- relief and simplification. Our tax struc- There is a balance in those powers. But ment down there in how we can ture puts American businesses at a tre- what we have been seeing in America is streamline the process of regulation, mendous disadvantage in the world a crossing of lines, a blurring of lines provide more energy, rebuild the area market. We must simplify and elimi- where the courts have encroached on in a safe fashion, and do it so we can nate the punitive nature of our current the activities of the legislature. get that area back on track and get Tax Code. Incentives such as bonus de- In Kansas they were deciding how those people back on their feet and preciation will encourage investment much money we were going to be allow them to start their lives over. which moves production lines and in- spending, where it is going to be spent In the area of regulations, we have creases revenues. But we need to look on educational issues. And that is a such regulations like the Jones Act beyond that. We need to have broader travesty and it is costly, and it ends up that has been temporarily waived to changes as well. complicating things in America. I allow for a clean up of the region. There is a movement now in America think that that is difficult when it 1800 to take our tax policy and put it into comes to doing business in America be- b something like a value added tax or a cause we cannot plan for that. Today, the President waived the national sales tax or a flat tax. These We have a legislative system that has Davis-Bacon Act to allow for lower ideas can help us become more com- a job that they need to do and it should costs in reconstruction. That will allow petitive. But the real objective ought not be encroached upon by the court us to get more people involved in re- to be to remove the cost of taxes from system. construction, but I would like us to

VerDate Aug 18 2005 02:36 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.130 H08SEPT1 H7800 CONGRESSIONAL RECORD — HOUSE September 8, 2005 look at the banking regulations. That ladder up against a wall. They did not make sure that the insurance claims will help us reopen banks and access to understand you were not supposed to are processed quickly for rebuilding. accounts and mortgage processing. put your Styrofoam cup on the stairs, There also needs to be an incentive in We should expedite the EPA’s siting that it could be a trip hazard. Once place for those to rebuild in high-risk and permitting process and the licens- that was effectively communicated, areas and to purchase the proper insur- ing process, especially when it comes the environment became safe. It ance. Our government should consider in the area of small refineries. We worked very well. The homebuilders should reduce the environmental im- went back to work. OSHA was satisfied a buyout of particular areas, especially pact statement requirements and because they created a safe work envi- those that are vulnerable for other streamline that process. That can hold ronment, and together they achieved a flooding or vulnerable in polluted up construction for months, if not common goal of a safe working envi- areas. If companies and people will not years; and I believe that OSHA and ronment and getting the job done. sell, then they are going to have be re- other agencies that have a tendency We could use that example down in quired to purchase insurance. and a propensity to be working in an Louisiana and Mississippi and Alabama Liability can be a roadblock for the adversarial mode or an adversarial re- as we rebuild down there where we reconstruction. Lawsuit abuse needs to lationship with employers should be have EPA, where we have OSHA, where be prevented. We should probably look encouraged on the site to work with we have other government agencies at a loser-pay or a blanket liability employers through a process, and a working with the private sector to get protection which needs to be instituted good example of how that can work oc- people back in their homes, to get in the region. Otherwise, the economy curred in Wichita, Kansas. them working and to get them back on could be completely strangled by junk A couple of years ago, OSHA decided their feet. to target three counties in Kansas. One In energy, in order to immediately lawsuits or liabilities that could plague of them was Cedric County where help the refinery capacity in the gulf the region for decades to come. Wichita is located, and they targeted region, as well as around the country, In health care, we have hundreds of homebuilders. They went there and Congress needs to ease the roadblocks thousands of displaced residents that they showed up on job sites, and they increasing the capacity to current re- need to be able to use their health care started writing fines and assessing fineries. Rather than the 3 to 5 years insurance wherever they are, even if costs against employers for alleged vio- that it takes today to build a new re- they are temporarily relocated. The lations of safety. They just struck a lot finery, current refineries could be in- government needs to allow for health of fear in the whole home construction creased in capacity in as short as 12 care portability. When we are in these industry, and the result of that was months, maybe as long as 18 months. In regions to rebuild, we need to use pro- that many areas just shut down. the long term, the government needs to grams like the associated health care If you think about it, a subcon- be able to drill in ANWR, as I said ear- plans and other ways for employers to tractor, let us say a framing con- lier, and other locations to increase the afford and offer health care insurance, tractor, on a job site, if he has a job supply of crude; but we need to start by and it all should be implemented that it is a $100,000 house, the framing streamlining the EPA process on per- quickly. portion of it, his profit may be only a mitting and reduce the time period in- couple of thousand dollars. Well, if his volved. The policies to allow for the purchase fine is $5,000, it is cheaper for him, We need to ease some EPA regula- of insurance across State lines should more economical for him, to stay at tions, especially when it comes to some be explored in order to encourage the home and not do the job than to be at of the emissions and the Clean Air Act, growth of health care facilities and in- the job and have the potential of some and we need to take advantage of the centives for health care workers, and kind of fine he did not even know natural growth and increasing capacity education training programs should be about. Some of the alleged violations by expanding current sites as far as re- implemented. that were sited were a Styrofoam cup fineries are concerned. on the stairs, a cord that ran across the But these are important to rebuild Education portability is important. job site that was in the wrong location, the refineries down there and increase With dislocated families spread across a ladder improperly leaning against a the supply of gasoline, and that will the whole region and the Nation, edu- wall. Anyway, the bottom line was that have a general impact. Right now, we cation vouchers are needed to help pay they shut down the homebuilding in- are all paying higher gas prices. By infor the cost of education for these kids dustry. creasing the supply of gas, we will have who are temporarily in other areas and If we were going to get it started, we lower gas prices. It is simple econom- are able to go to school. School loan had to get OSHA together with the ics. We need to carry it out in the waivers, Pell grant extensions, and builders. So I was contacted by the South, but look at other areas where other higher education policies are Wichita Area Builders Association. I we can streamline, getting a greater needed to be implemented to allow stu- got in touch with OSHA. We got the supply of fuel. dents to continue their education dur- two parties together, and they came up The infrastructure. In order to re- ing this time. with a plan where they could work to- build the area of highway, roads, Job skills training, I think, is very gether, and it worked very simply. bridges, train tracks and the ports, important. Some of these jobs are not OSHA would show up and announced they all have to be restarted. The De- going to be re-created. We are going to would walk around with the job super- partment of Transportation and re- have new industries down in that area. intendent or the contractor. They lated agencies need to allow for the ex- The government should work with the would make a list of any potential vio- pedited planning and building, as well chambers of commerce and companies lations. They would discuss that list. as expedited process for granting per- to set up public/private partnerships to OSHA gave it to the contractor, and mits and waivers and licenses. The in- train people for jobs that will be avail- then he said, I will be back in 6 weeks; surance community has to be involved. able in those areas and for jobs during I will tell you when I am coming and There are many lessons to learn from the rebidding process. let us go through this list and see how Hurricane Katrina with relation to the you are doing. flood insurance coverage and imple- I think there are a lot of skills that We found out most of the problems mentation and access to mandates for could be utilized and developed during that were created were caused because insurance in vulnerable areas and con- that time, and tax incentives are prob- of a language barrier. Many of the cerns about the definition of flood in- ably a good thing that we need to dis- workers were Hispanic, did not have surance versus the protection against cuss when it comes to rebuilding as good English skills, and they did not high winds and a myriad of other provi- well. Immediate tax incentives to en- understand how you properly lean a sions, but the government needs to courage investment in the area should

VerDate Aug 18 2005 02:36 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.132 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7801 be implemented, including a deduction see such poverty in America. While cit- Mississippi, Advocate the week of Oc- tax for companies and individuals who ies and localities pass anti-panhandling tober 23 to 29 when I was in Mississippi build in the affected region, and accel- measures that criminalize begging for a speaking engagement. This was erated depreciation should be available tourists and visitors in downtown areas what I saw. for capital and equipment and software asking for help, Hurricane Katrina Sadly, it is what the children in the investments as well. washed away America’s veneer of popu- neighborhood saw, a black man hang- These ideas can be used to quickly list opportunity, a country that has ing from a tree. A lynching. That is help reconstruct the area in New Orle- overcome its racist, slave-holding past, 2003. I am not talking about 1903. This ans and in Louisiana, Alabama, and a country ready for world dominion be- is 2003. Sadly, in 2005, we have two Mississippi. It is a way that we can get cause it has learned how to uplift the lynchings being investigated in the people back on their feet again. human spirit at home. State of Georgia, my home State, and In summary, I just want to go over Katrina, in images as stark and unde- both of them are supposed to have been the things that I think we need to do in niable as could be, has laid bare the Re- suicides. In this story it was reported Congress to not only help the South publican lie that its policies promote that this poor Mr. Robert McNair com- get back on its feet again but also to growth and prosperity for all Ameri- mitted suicide, hanging from a tree. help America stay number one into the cans and leave no child behind, while When I come to the floor and do future, that is, that we need to address Katrina put into our living rooms and these monthly talks, some way or the issues in health care. We need to the world’s living rooms the cruel hoax other we get around to the state of limit the growth in regulations of bu- that has been played on America and black America because it is important reaucratic red tape. We need to effec- those who love America by the ruthless for us to understand that there are tively focus our education system on sybaritic power player elites who are many Americans, and some of those the future economy. as responsible for the conditions en- Americans we do not see and we do not We need to develop new energy dured by too many Americans as they know. But we need to know how all sources and increase the supply of en- are for the embarrassing and breath- Americans live so that we can make ergy, as well as the conservation of the taking incompetencies we all witnessed sure that no American is left behind. energy and alternate energy sources. just before Labor Day. On some indices, even today, it is We need to look at research and devel- Almost 30,000 New Orleans house- true that the racial disparities are opment through innovation and invest- holds live on less than $10,000 per year. worse today than they were at the time ment. We have fair trade policies. We More babies and young kids are going of the murder of Dr. Martin Luther have to improve our tax system so that hungry in our country. Eleven percent King, Jr. People would say it is not we can have some tax relief and sim- of our families experienced hunger in true, but, alas, it is true. And, of plification, and we need to end lawsuit 2003. One million more Americans are course, the statistics document that abuse and have litigation management living in poverty today than there were sad truth. United for a Fair Economy for America. 1 year ago. Income distribution has be- gives us these statistics in its State of With these individual ideas, I think come obscenely skewed toward the rich the Dream report on imprisonment. To we will be able to grow a stronger during the Bush years. In Manhattan, close the racial gap, it will take 190 America and retain our number one the poor make two cents for each dol- years just so that black people are im- status well into the future so that our lar that the rich make. This places prisoned for the same crime at the children and grandchildren will have Manhattan on par with Namibia for in- same rate as white people are impris- the same opportunities that we have come disparity. oned. had to build a strong country and Interestingly, in the financial capital What about poverty? We saw a lot of make our dreams come true. of the world, New York City, the Bronx that. Overall poverty, the racial dis- f is the poorest urban county in the parity, 150 years to close the gap. Why country, and New York State is being does that have to be? At the slow rate THE TREMENDOUS CHALLENGES depleted of its middle class. that the black-white poverty gap has THAT FACE OUR COUNTRY America is being depleted of its mid- been narrowing since 1968, it would The SPEAKER pro tempore (Miss dle class. Over 50 percent of America’s take 150 years to close the gap. MCMORRIS). Under the Speaker’s an- income goes to the top 20 percent of What about child poverty? Two hun- nounced policy of January 4, 2005, the households. With even more tax cuts dred ten years to close the gap. Almost gentlewoman from Georgia (Ms. for the wealthy on the horizon, coupled one-third of black children live in pov- MCKINNEY) is recognized for 60 minutes with real budget cuts for the programs erty. The child poverty gap would take as the designee of the minority leader. that are forced to take care of more 210 years to disappear, not reaching Ms. MCKINNEY. Madam Speaker, I and more Americans, the situation can parity until 2212. have got a lot of papers and a lot of only be expected to get worse, sadly. I would like to thank the National posters. One hour will in no way ac- Incomes for 95 percent of American Council for La Raza that provided us commodate all that needs to be said to- households are flat or falling. Only the with these statistics, the proportion of night about the tremendous challenges top 5 percent are experiencing the children without health insurance in that face our country today, including growth that we hear the Republicans the United States, home ownership how we conduct ourselves in the after- talk about. rates. Look and you can see the propor- math of Hurricane Katrina. Now, I have got tons of documentation of children without health insur- While my remarks tonight in no way tion to offer for all of the statistics ance in the United States. Look at the should be construed as encompassing that we cite, but let me take a moment Hispanic figures. Look at that. Twen- all of my thoughts on the very impor- and reiterate where we are for all the ty-five percent of young Latino chil- tant issues that I discuss tonight, just people who are listening tonight. dren do not have health insurance in mark this down as a start. this country. First, let me say that I am especially b 1815 What about home ownership rates, proud of the way the people of my dis- Let me recall for just a moment the because we hear a lot of talk about the trict and of this country have wrapped America they might not know but that growth economy, and the Republicans their arms around the victims of Hurri- more of us are coming all too well to and the President talk about pro- cane Katrina. At this time, we have a know. moting home ownership, home owner- healthy contingent of expert Georgians I will start with this poster, which ship, the first tier toward building in the traumatized gulf States, and we depicts a black man hanging from a wealth, okay? Well, if you are lucky have received thousands of Katrina’s tree. The caption says ‘‘The body of enough to be able to own a home, sadly victims into our cities, churches, and Robert McNair is seen here as residents black and Hispanic home ownership homes. and schoolchildren in the Georgetown rates are low. How low? To close the I have come to this floor on many oc- community saw it between about 7 home ownership gap, the disparity be- casions. People around the world have a.m. and 9 a.m. last Thursday.’’ This tween white home ownership and black commented on how shocked they are to was on the front page of the Jackson, home ownership, the first tier toward

VerDate Aug 18 2005 02:36 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.133 H08SEPT1 H7802 CONGRESSIONAL RECORD — HOUSE September 8, 2005 wealth building, it will take 1,664 years he is ‘‘looting.’’ Then you have two promising and saying things would to close the home ownership gap. people who are obviously not black and happen. I was getting excited and tell- This is something that so many they are ‘‘finding.’’ This young man, ing people that. They kept making Americans take for granted. Yet so according to the Associated Press, promises and promises.’’ many Americans still have a dream for walks through chest-deep floodwater MSNBC informs us that FEMA Direc- home ownership. after ‘‘looting’’ a grocery store. Two tor Michael Brown waited 5 hours after Now, what about income? It will take residents wade through chest-deep the storm’s landfall to get agency as- 581 years for us to close the per capita water after ‘‘finding’’ bread and soda. sistance, to get agency aid from the income gap. Since 1968, we have only This is the America of those statis- Department of Homeland Security. been able to close the gap 2 cents. tics. This is the America that all Now, another thing that we need to Black people make 55 cents for every Americans need to know and see. This know about, there are so many things dollar. That was in 1968. In 2001, it was is the America that too many of us that our government does in our name 57 cents. Two cents, so 581 years to have borne the brunt of generation with our tax dollars, on our behalf sup- close the gap. after generation after generation after posedly, that we do not know about. When some people start talking generation. The Bush administration has opened up about how we want to build, rebuild, And then, they called them ‘‘refu- these biodefense labs all over the coun- and provide for folks, that is what this gees.’’ Some bright light in the media try. In about 20, 25 universities around Congress is supposed to do. We should came up with that one to further dehu- the country we have got biodefense build lives, we should build commu- manize poor black people in New Orle- labs studying I do not know what. nities, build neighborhoods, and pro- ans. I had some New Orleans residents I can remember the Tuskegee Study. tect our people. in my congressional office in Georgia I remember MK-Ultra as an African When it comes to the economic con- who said that they had never, ever American. I remember Paul Robeson. ditions that are prevailing for so many thought that they would be called refu- But Tulane University is under water, Americans, it is almost a joke. Here is gees in their own country. Other insen- and Tulane University houses one of a cartoon from the Washington Post. sitive language just shows how totally these biodefense labs. We need to know This is the sybaritic power player who out of touch the leadership of this what the heck was in that lab, what is pulling the strings behind the scene, country is with the American people. was going on in that biodefense lab. calling the shots, dictating politics and Some of the headlines. Notwith- policy; and he is saying, ‘‘It is not b 1830 standing what you may hear from the trickle down economics. We got the While the city was still flooding, other side of the aisle or coming out of plumbing fixed.’’ Here is the poor little Speaker HASTERT suggested that New the White House about how everyone fella down here, little panhandler try- Orleans should not be rebuilt. has to share the blame, these are some ing to wait to get some of the stuff As the mostly black people were of the headlines. that is trickling down, and it is not herded into what looked like con- ‘‘FEMA won’t accept Amtrak’s help trickling down any more. centration camps, Barbara Bush sug- in evacuations.’’ Poverty is up. Median income down. gested that they were really better off ‘‘FEMA turns away experienced fire- That is the result of the policies of the now than they were before. Well, fighters.’’ Bush administration since 2001. maybe she has got something there, be- ‘‘FEMA turns back Wal-Mart supply What about all these tax cuts? New cause it took losing an entire city for trucks.’’ Orleans has got a lot of attention now the ‘‘compassionate conservatives’’ in ‘‘FEMA prevents Coast Guard from because of what has happened, and we Washington, D.C., to finally get some delivering diesel fuel.’’ hear and we will hear some of our col- compassion in the laws they pass, in ‘‘Homeland Security won’t let Red leagues on the other side of the aisle the policies they enact, in what they Cross deliver food.’’ ‘‘FEMA bars morticians from enter- suggesting that we need to do more tax do around here. ing New Orleans.’’ cuts. Well, the faces of the people that And you can imagine my surprise to ‘‘FEMA blocks 500-boat citizen flo- came into our living rooms from Hurri- hear the very people who chose not to adequately fund education, health care, tilla from delivering aid.’’ cane Katrina got this much from ‘‘FEMA fails to utilize Navy ship affordable housing, now saying we have George Bush’s tax cuts. But if you hap- with 600-bed hospital on board.’’ pened to make over $200,000 a year, you got to have Pell grants, Section 8 ‘‘FEMA to Chicago: Send just one got this much from George Bush’s tax vouchers, schooling for children. It is truck.’’ cuts. what some of us have been saying all ‘‘FEMA turns away generators.’’ It is so clear that the administration along. ‘‘FEMA first responders urged not to wants to serve some of the people all of Now, you can just about bet your respond.’’ the time and fool the rest of us all of bottom dollar that the Karl Rove spin Those are just a few of the headlines. the time. The tax cuts, we should not machine is working overtime to white- I have got all of the documentation, of hear another word uttered about the wash the Bush administration prepara- course. need for more of the kind of tax cuts tions for the response to Katrina. Let There is also a story about three U.S. that the Bush administration has given us remember as we go through this Customs Blackhawk helicopter crews us thus far. This insensitive policy- that the State and local responders that are absolutely livid because they making that ends up hurting real peo- were victims too. That is why it is crit- had been directed not to provide full- ple leads to a kind of callousness with- ical that the feds act. But they did not time support for the hurricane relief in our society that we do not recognize act, notwithstanding anything that effort in the Gulf. sometimes, that we do not notice comes out of the spin machine. ‘‘Navy ship nearby underused.’’ This sometimes. Kathleen Blanco, the governor of is from the Chicago Tribune. A craft It is easy to pass an anti-panhandling Louisiana said, ‘‘We wanted soldiers, with food, water, doctors. All it needed ordinance in the city of Atlanta be- helicopters, food and water. They was the orders. It never got the orders. cause we do not feel the pain of the wanted to negotiate an organizational ‘‘Federal agency slow to accept busi- people who do not eat at night. So it is chart.’’ This is from the New York ness help.’’ This is from the Financial also easy to demonize people. It is easy Times. ‘‘Far from deferring to State or Times, ‘‘Federal agency slow to accept to demonize people that you do not local officials, FEMA asserted its au- business help. From Wal-Mart’s sat- know. thority and made things worse,’’ ac- ellite-based communications system to This made it around the Internet cording to Mr. Broussard, and I will FedEx’s aircraft, U.S. business has in until Agence France-Presse pulled talk about him a little bit later, who some cases managed to provide a swift- their photo off. But how is it that we complained on Meet the Press. er response to the initial impacts of can have a media in this country dis- Mayor Nagin said, ‘‘The root of the Hurricane Katrina than the Federal playing one young man wading through breakdown was the failure of the Fed- and State authorities.’’ that putrid water and the American eral Government to deliver relief sup- This is from the Salt Lake City Trib- press, the Associated Press, says that plies and personnel quickly. They kept une: ‘‘Frustrated fire crews to hand out

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.134 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7803 fliers for FEMA. Many of the fire- only equal opportunity employer here promised. Everybody has promised. fighters assembled from Utah and is drugs.’’ They have had press conferences. I’m throughout the United States by We heard a lot about shooting. He sick of the press conferences. For God’s FEMA thought they were going to be says, ‘‘White vigilante groups with sake, just shut up and send us some- deployed as emergency workers. In- shotguns and rifles rode around saying body.’’ Aaron Broussard. stead, they have learned they are going they were going to shoot the looters.’’ Want the facts? The FEMA chief to be community relations officers for They were unchecked. There could waited 5 hours after Katrina made FEMA, shuffling throughout the gulf have been a riot. He says, ‘‘There was landfall on August 29. Five hours. coast region to disseminate fliers and a about to be a race riot.’’ It is clear also that the administra- phone number, 1–800–621–FEMA,’’ which He said, ‘‘Many whites took their tion would like to avoid a blame game. does not work most of the time. own personal boats into the black com- They want to do everything to not dis- Now, I know that American children munity. Too many acts of heroism, cuss the failures. What is Michael can do better in geography, but you sharing ice, sharing water.’’ Brown’s reaction to all of this? Michael would think that at least our emer- Then he mentions Jefferson Parish Brown, FEMA director, says in a CNN gency management people would get had to secede from the United States of interview: ‘‘Considering the dire cir- their geography right. CNN.com says, America. So I want to mention the Jef- cumstances that we have in New Orle- Well, they were supposed to go to ferson Parish president. ans, virtually a city that has been de- Charleston. My colleague from Charles- But before that I am going to men- stroyed, things are going relatively ton, we were in a meeting on Tuesday tion what Mayor Nagin in a wonder- well.’’ That is our FEMA director, Mi- night, and he said they had the shelter fully compelling interview with WWL chael Brown. How out of touch could all set up with supplies, cots, blankets said when he had the opportunity to this man have been? and everything, and nobody came. Now speak directly with President Bush. He Those 9/11 activists know how crit- we find out that this is why they did said, ‘‘I told him we had an incredible ical it is to construct a timeline, be- not come. They were supposed to be in crisis here and that his flying over in cause the timeline tells us who did Charleston, South Carolina. Guess Air Force One does not do it justice, what and when they did it. The where FEMA took them? Charleston, and that I have been all around this timeline will tell us the truth. The West Virginia. What incompetence. city, and I am very frustrated because timeline cuts through the spin. So, of Right city, wrong State. CNN.com. we are not able to marshal resources course, I made a point to get in touch I cannot even imagine. No one should and we are outmanned in just about with the folks who were collecting the imagine. It is ridiculous. But they are every respect.’’ timelines, and there are a lot of going to tell you everything is all But in perhaps the most compelling timelines available on the Internet. right. of all of the interviews that we have Think Progress has a timeline, and The New York Times tells us, ‘‘Navy seen, and these are all available on the WWL also has a timeline. pilots who rescued victims are rep- Internet, is Aaron Broussard, president All the while this was going on, the rimanded.’’ What? ‘‘Two Navy heli- of Jefferson Parish, on Meet the Press. news media reported that the Iraq war copter pilots and their crews returned He said, ‘‘Sir, they were told, like me, costs now exceed Vietnam’s. But I from New Orleans on August 30 expect- every single day the cavalry is coming think it is pretty clear that the Iraq ing to be greeted as lifesavers after on the Federal level, the cavalry is war is costing us more than money. ferrying more than 100 victims to safe- coming, the cavalry is coming, the cav- Let us just look at where some of those ty. Instead, they were reprimanded.’’ alry is coming. I have just begun to assets were. Mississippi has 40 percent Well, we are working on this, since I hear the hooves of the cavalry. The of its National Guard forces in Iraq. serve on the Committee on Armed cavalry is still not out here yet, but I Louisiana has 35 percent of its Na- Services. But the sad thing about it is, have begun to hear the hooves, and we tional Guard forces in Iraq. Florida has when we had our briefing on Tuesday are almost a week out.’’ 26 percent. Alabama has 23 percent of evening, the Secretary of Defense, Sec- Then he gives three quick examples, its National Guard forces in Iraq. retary of Homeland Security, Sec- one of the Wal-Mart delivery trucks, On June 8, 2004, in the New Orleans retary of Labor, Secretary of Treasury, three trucks of water. FEMA turned Times-Picayune, Walter Maestri, who Secretary of HUD were all there at the them back. They had 1,000 gallons of is emergency management chief for briefing, except that Defense kept diesel fuel on a Coast Guard vessel. It Jefferson Parish, said, ‘‘It appears that going in and out, Homeland Security was docked in Jefferson Parish. The the money has been moved in the kept going in and out, could not stay Coast Guard said, ‘‘Come and get the President’s budget to handle homeland long enough to brief the Members of fuel right away. When we got there security and the war in Iraq. And I sup- Congress or to hear from the Members with our trucks, they got the word. pose that’s the price we pay. Nobody of Congress who are directly impacted FEMA says, ‘Don’t give the fuel.’ Yes- locally is happy that the levees can’t by their failure, their incompetence. terday, yesterday FEMA comes in and be finished, and we’re doing everything Malik Rahin is a former Black Pan- cuts all our communication lines.’’ we can to make the case that this is a ther Party member. In a very compel- Why is FEMA cutting communica- security issue for us.’’ Security, we are ling radio interview he said, ‘‘You want tions? going to discuss that in a minute. more morality from the poor than from ‘‘The guy who runs the building I am On April 24, 2004, the Times-Picayune the rich.’’ But he rejected the idea that in, Emergency Management,’’ this is said: ‘‘Less money is available to the New Orleans was a city divided by race. Aaron Broussard on Meet the Press, Army Corps of Engineers to build lev- He said, ‘‘Whites took their boats and ‘‘he is responsible for everything. His ees and water projects in the Mis- went into black neighborhoods. But it mother was trapped in St. Bernard sissippi River Valley this year and next was the feds who forced people to leave Nursing Home, and every day she year.’’ Nobody can say they did not their possessions. Once they got res- called him and said, ‘Are you coming, know, were not warned, whatever it is cued, they had to leave their posses- son? Is somebody coming?’ He said, that the spin machine might come up sions. They could only take one bag.’’ ‘Yeah, mama, somebody is coming to with. He says, ‘‘Over 70 percent of the peo- get you.’ ‘Somebody is coming to get National Geographic Magazine, Octo- ple who were rescued were rescued by you on Tuesday.’ ‘Somebody is coming ber 2004, came up with an article that individuals.’’ Then he went on to say to get you on Wednesday.’ ‘Somebody reported on a simulation, I will not call something very interesting. He said, is coming to get you on Thursday.’ it a game, but a simulation of what ‘‘$90 million of HOPE VI construction, ‘Somebody is coming to get you on Fri- would happen should a hurricane hit but the people who needed it the most day.’ And she drowned Friday night.’’ New Orleans: ‘‘As the whirling mael- in New Orleans got no training, no strom approached the coast, more than community service.’’ b 1845 a million people evacuated to higher Louisiana has the highest dropout And she drowned Friday night. ‘‘No- ground. Some 200,000 remained, how- rate in the country. He said, ‘‘Juvenile body is coming to get us. Nobody is ever. The carless, the homeless, the justice is a disgrace.’’ He said, ‘‘The coming to get us. The Secretary has aged, the infirm, and those die-hard

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.135 H08SEPT1 H7804 CONGRESSIONAL RECORD — HOUSE September 8, 2005 New Orleanians who look for any ex- How can FEMA recommend that some- I went to the Committee on Home- cuse to throw a party.’’ It goes on to one who calls for the murder of some- land Security’s Web site, and I just describe just exactly what happened body else get hard-earned money from thought I would look and see which during Hurricane Katrina, but that was the American people? It is on the subcommittee has jurisdiction for nat- in October 2004. FEMA Web site, and it is outrageous. ural disasters. Well, I could not believe The Louisiana National Guard also But there is more. Sadly, there is it. I did not see any mention at all of knew that they were paying a price more. I agree with the Tom Hartman natural disasters. So I went to one of that was perhaps too high. On August 1 article: ‘‘You Can’t Govern if You our interns, whose eyes are a whole lot the Louisiana National Guard com- Don’t Believe in Government.’’ What younger than mine, and I said, Would plained that they were taking critical we have witnessed here in utter stark you please scour the entire website, be- equipment to Iraq that should have re- relief is the culmination of all of that cause I have put in a search and it did mained in Louisiana. But when the Republican ideology against govern- not come up in a search; scour the en- Bush administration does not like ment, against the people, against help- tire website, and I want you to high- what one says, they just fire them. So ing people who are in need. Ronald light the number of times you see the there was a former Member of Congress Reagan was elected President by say- mention of the two words, ‘‘natural that I had the pleasure to serve with, ing: ‘‘The nine most terrifying words in disaster.’’ Mike Parker from Mississippi, who was the English language are, ‘I’m from the It is not mentioned. It is not men- with the Army Corps of Engineers. He government and I’m here to help.’’’ tioned. On the entire Committee on complained that they were cutting the Newt Gingrich in 1995 told us what he Homeland Security Web site ‘‘natural Army Corps of Engineers budget too thought about government. He was disaster’’ is not mentioned. much, and so he was forced out. speaking about Medicare. He said: Now, a young man had a script before Now it turns out that Michael Brown ‘‘Now, we don’t want to get rid of it in him, and he was supposed to read the was forced out too. He was forced out round one because we don’t think script, but he took the opportunity to from the job he had before he became that’s politically smart and we do not deviate from the script and speak his the FEMA assistant director and then think that’s the right way to go mind. His name is Kanye West. He has director. Let me see if I can read this through a transition. But we believe it been on the cover of all these national correctly. Michael Brown’s previous is going to wither on the vine because magazines talking about how he is the employment was with the Inter- we think people are going to volun- most brilliant new hip-hop, rap artist, national Arabian Horse Association, tarily leave it.’’ Wither on the vine. Kanye West. And now, he is being and he was fired from that job too. Grover Norquist in 2001 said this, and vilified because he dared to take a de- They said that he was asked to resign. I think this encapsulates it all: ‘‘I tour from what some people wanted And so, of course, eminently qualified don’t want to abolish government. I him to say and say what he wanted to to serve in the Bush administration; he simply want to reduce it to the size say, which is, quite frankly, the origins of hip-hop anyway, young people who gets one of the most important jobs in where I can drag it into the bathroom have something to say and have found the country with the lives of the Amer- and drown it in the bathtub.’’ That is how these people feel about the means to say it. ican people in his hands. Kanye West said, ‘‘I hate the way We know that this is what they do, government. So I am not surprised that they portray us in the media. You see hurting people whom they disagree the Army Corps of Engineers budget is a black family; it says they are with, because there is the case of an- cut to the extent it is cut. I am not ‘looting.’ You see a white family; it other Army Corps of Engineers em- surprised. Here, Bush’s agenda is to cut govern- says they are ‘looking for food.’ And, ployee by the name of Bunnatine ment services to the bone and make you know, it has been 5 days, because Greenhouse, who complained about the people rely on the private sector for most of the people are black, and even no-bid sweetheart deal private con- the things they need. So he sliced $71 for me to complain about it, I would be tracts going to Halliburton. Well, she million from the budget of the New Or- a hypocrite, because I have tried to was forced out of her job too because, leans Corps of Engineers, a 44 percent turn away from the TV because it is even though Vice President DICK CHE- reduction. In addition, the President too hard to watch. I have even been NEY still gets his deferred compensa- cut $30 million in flood control. And shopping before even giving a donation. tion checks from Halliburton Corpora- then Bush took to the airwaves on ‘‘So now I am calling my business tion, I guess the Bush administration ‘‘Good Morning America’’ on Sep- manager right now to see what is the is not finished with Halliburton, be- tember 1 and said, ‘‘I don’t think any- biggest amount I can give,’’ notice he cause they have been hired to do the one anticipated that breach of the lev- said he is calling his business manager; storm cleanup. Is there no other cor- ees.’’ I want you to pay attention to that. poration in America? Why is it that it ‘‘And, just imagine if I was down there always has to be Halliburton? b 1900 and those are my people down there. So Well, the Times-Picayune calls for ‘‘I don’t think anyone anticipated anybody out there that wants to do the firing of Michael Brown; and I have that breach of the levees.’’ anything that we can help with the signed my name to many letters that Now, in stark contrast to the way the way America is set up to help the poor, are floating around here calling for his Department of Homeland Security mo- the black people, the less well off, as firing, his resignation, Chertoff’s as bilized to secure the people of the gulf slow as possible.’’ well; and in a minute somebody on this States, within 48 hours of the notifica- Now, NBC censored that. NBC has de- House floor is going to mention im- tion of the death of Chief Justice cided that they can determine what we peachment. Rehnquist, Bush nominated Roberts to hear from the smartest young man in But as if making sure that Halli- serve as Chief Justice. They are real hip-hop. burton got what they needed to get, I fast at doing some things. He also said, ‘‘George Bush doesn’t checked the FEMA Web site, and on Now, at some point, we have to talk care about black people.’’ NBC the FEMA Web site it says: ‘‘Help the about values and priorities and how it censored it. They deleted his remarks. victims of Hurricane Katrina.’’ First has become that our values and our And MSNBC President Rick Kaplan, on the list is American Red Cross. We priorities are so twisted and mangled who produced the telethon at Rocke- remember that during 9/11, there were now. We are focusing on other things, feller Plaza in New York, had the cam- many complaints from the victims of 9/ and some of those things are impor- eras cut to actor Chris Tucker who was 11, and I remember seeing one report of tant. I am not going to say that every- on a different part of the stage and who the symphony orchestra getting some thing is not so important that has be- appeared to be looking off at some- of the 9/11 contributions. But there is come a priority. We had a resolution thing else in the camera. So it was the Operation Blessing. Operation Blessing today that six people voted against to MSNBC president, who was also the was founded by Pat Robertson. That is give Bush another blank check in the producer, who said, Well, you know, the same Pat Robertson who called for war on terrorism. I was one of the six. maybe the American people do not the assassination of a duly elected No more blank checks, Mr. President, need to hear the smartest young man president, Hugo Chavez, of Venezuela. not for war, not for war. in hip-hop’s ideas about George Bush.

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.137 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7805 Thank goodness, I can come to the reasons now given for why we must clearly that our policy was to get rid of floor of the House and speak my piece. continue this war bear no resemblance Saddam Hussein. This act made it offi- And as long as C–SPAN cameras are to the reasons given to gain the sup- cial, quote: ‘‘The policy of the United running, well, it will not be cut off, but port of the American people and the States is to support efforts to remove I understand there is even an effort to United States Congress prior to our in- the regime headed by Saddam Hus- try and limit C–SPAN’s access to vasion in March of 2003. sein.’’ This resolution has been cited on American households. Before the war, we were told we faced numerous occasions by neoconserva- But I have to tell my colleagues an imminent threat to our national se- tives as justification for the preemp- something. As I saw the African Ameri- curity from Saddam Hussein. This ra- tive and deliberate invasion of Iraq. cans, mostly African American fami- tionale, now proven grossly mistaken, When the resolution was debated, I lies ripped apart, I could only think has been changed. Now we are told we saw it as a significant step toward a about slavery, families ripped apart, must honor the fallen by completing war that would bear no good fruit. No herded into what looked like con- the mission. To do otherwise would de- legitimate national security concerns centration camps. So I was reminded of mean the sacrifice of those who have were cited for this dramatic and seri- a Miami Herald article written on July died or been wounded. ous shift in policy. 5, the day after Freedom Day, 1987. Any lack of support for completing Shortly after the new administration The title of the article was ‘‘Reagan the mission is said by the promoters of took office in January 2001, this goal of eliminating Saddam Hussein quickly Aides and the Secret Government,’’ the war to be unpatriotic, un-Amer- morphed into a policy of remaking the and here is a quote from that article: ican, and detrimental to the troops. entire Middle East, starting with re- ‘‘A copy of the memo was obtained by They insist the only way one can sup- gime change in Iraq. This aggressive the Herald. The scenario outlined in port the troops is to never waver on the policy of nation-building, no matter interventionist policy surprised some the Brinkerhoff memo resembles some- people, since the victorious 2000 cam- how ill-founded that policy may be. what a paper Giufreda had written in paign indicated we should pursue a for- The obvious flaw in this argument is 1970 at the Army War College in eign policy of humility, no nation- that the mission of which they so rev- Carlyle, Pennsylvania, in which he ad- building, reduce deployment of troops erently speak has changed constantly vocated martial law in case of a na- overseas, and a rejection of the notion tional uprising by black militants.’’ In from the very beginning. that we serve as the world’s policeman. which he advocated martial law in case Though most people think this war of a national uprising by black mili- started in March of 2003, the seeds were b 1915 tants. The paper also advocated the sown many years before. The actual The 9/11 disaster proved a catalyst to roundup and transfer of two ‘‘assembly military conflict involving U.S. troops push for invading Iraq and restruc- centers or relocation camps of at least against Iraq began in January of 1991. turing the entire Middle East. Though 21 million American Negroes.’’ The prelude to this actually goes back the plan had existed for years, it quick- Now, I did not write that; the U.S. over 100 years when the value of Middle ly was recognized that the fear engen- Government wrote that. They were East oil was recognized by the industri- dered by the 9/11 attacks could be used going to round up 21 million Negroes alized West. Our use of troops to eject to mobilize the American people and because they were afraid of freeing Saddam Hussein from Kuwait was the Congress to support this war. black people. A story of neglect? I am beginning of the current conflict with Nevertheless, supposedly legitimate not surprised about any story of ne- the Muslim fundamentalists who have reasons had to be given for the already glect of the people that comes from been, for the last decade, determined to planned preemptive war; and as we now this body with this set of priorities, force the removal of American troops know, the intelligence had to be fixed that passes these kinds of budgets on from all Muslim countries, especially to the policy. Immediately after 9/11, the American the backs of the American people, the entire Arabian peninsula, which people were led to believe that Saddam these kinds of tax cuts on the backs of they consider holy. Though the stra- Hussein somehow was responsible for the American people. tegic and historic reasons for our in- the attacks. The fact that Saddam I want to commend my sister Con- volvement in the Middle East are com- Hussein and Osama bin Laden were en- gresswoman, the gentlewoman from plex, the immediate reasons given in emies, not friends, was kept from the California (Ms. LEE), who has said that 2002 and 2003 for our invasion of Iraq were precise. The only problem is, they public by a compliant media and the it is time for us to get serious about lazy Congress. Even today many Amer- were not based on facts. poverty in this country. It is time for icans still are convinced of an alliance us to get serious. I am a proud cospon- The desire by American policymakers to engineer regime change in between the two. sor of legislation with the gentle- The truth is Saddam Hussein never Iraq had been smoldering since the woman from California (Ms. LEE). permitted al Qaeda into Iraq out of fear first Persian Gulf conflict in 1991. This I will just conclude by saying that on that his secular government would be the United States State Department reflected a dramatic shift in our policy challenged. And yet, today, we find Web site is ‘‘How to identify misin- since, in the 1980s, we maintained a that al Qaeda is now very much present formation.’’ Does the story fit the pat- friendly alliance with Saddam Hussein in Iraq and causing chaos there. tern of a conspiracy theory? as we assisted him in his war against The administration repeatedly f our arch nemesis, the Iranian Aya- pumped out alarming propaganda that tollah. Saddam Hussein was a threat to us ANNOUNCEMENT BY THE SPEAKER Most Americans ignore that we pro- with his weapons of mass destruction, PRO TEMPORE vided assistance to this ruthless dic- meaning nuclear, biological and chem- The SPEAKER pro tempore (Mr. tator with biological and chemical ical. Since we helped Saddam Hussein KING of Iowa). The Chair must remind weapon technologies. We heard no com- obtain biological and chemical weap- the gentlewoman from Georgia that it plaints in the 1980s about his treatment ons in the 1980s, we assumed that he is out of order in debate to ascribe unof the Kurds and the Shiites or the had maintained a large supply, which, worthy motives to the President. ruthless war he waged against Iran. of course, turned out not to be true. f Our policy toward Iraq played a major The people being frightened by 9/11 eas- role in convincing Saddam Hussein he ily accepted these fear-mongering U.S. AGGRESSIVE INTERVEN- had free reign in the Middle East, and charges. TIONISM POLICY IS MISGUIDED the results demonstrate the serious Behind the scenes many were quite The SPEAKER pro tempore. Under shortcomings of our foreign policy of aware that Israel’s influence on our the Speaker’s announced policy of Jan- interventionism that we have followed foreign policy played a role. She had uary 4, 2005, the gentleman from Texas now for over 100 years. argued for years along with the (Mr. PAUL) is recognized for 60 minutes. In 1998, Congress capitulated to the neoconservatives for an Iraq regime Mr. PAUL. Mr. Speaker, many rea- desires of the previous administration change. This support was nicely coordi- sons have been given for why we fight and overwhelmingly passed the Iraq nated with the Christian-Zionist en- and our youth must die in Iraq. The Liberation Act, which stated quite thusiasm for the war.

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.139 H08SEPT1 H7806 CONGRESSIONAL RECORD — HOUSE September 8, 2005 As these reasons for the war lost World War I changed all this, allow- lic and the U.S. Congress, reasons that credibility and support, other reasons ing the French and the British to di- were grossly misleading and found not were found for why we had to fight. As vide the oil wealth of the entire Middle to be true. The pretense of a legal jus- the lone superpower, we were told we East. The Versailles Treaty created the tification was a sham. The fact that had a greater responsibility to settle artificial nation of Iraq, and it was not Congress is not permitted under the the problems of the world lest someone long before American oil companies Constitution to transfer the war power else get involved. were drilling and struggling to partici- to a President was ignored. Only Con- Maintaining and expanding our em- pate in the control of Middle East oil. gress can declare war, that is, if we pire is a key element of the neocon- But it was never smooth sailing for any were inclined to follow the rule of law. servative philosophy. This notion that occupying force in Iraq. To add insult to injury, the House we must fight to spread American After World War I, the British gen- joint resolution cited the United Na- goodness was well received by these erals, upon arriving to secure their oil, tions resolution as justification for the neo-Jacobeans. They saw the war as a said, ‘‘Our armies do not come into war. Ignoring the Constitution while legitimate moral crusade, arguing that your cities and lands as conquerors or using the U.N. to justify the war no one should be allowed to stand in enemies, but as liberators.’’ Not long showed callous disregard for the re- our way. In their minds, using force to afterwards a jihad was declared against straints carefully written in the Con- spread democracy is legitimate and Britain and eventually they were stitution. The authors deliberately necessary. forced to leave. The more things wanted to make war difficult to enter We also were told the war was nec- change, the more they stay the same. without legislative debate, and they essary for national security purposes Too bad we are not better at studying purposely kept the responsibility out because of the threat Saddam Hussein history. of the hands of the executive branch. presented, although the evidence was After World War II, the U.S. emerged Surely they never dreamed that inter- fabricated. Saddam Hussein’s ability to as the number one world power and national government would have influ- attack us was nonexistent, but the moved to assume what some believe ence over our foreign policy or tell us American people were ripe for alarm- was our responsibility to control Mid- when we should enter into armed con- ing predictions by those who wanted dle East oil in competition with the flict. this war. Soviets. This role prompted us to use The legal maneuvering to permit this Of course, the routine canard for our our CIA, along with the help of the war was tragic to watch; but the notion need to fight, finance, and meddle British, to oust democratically elected that Saddam Hussein, a Third World around the world ever since the Korean Mohammad Mosadek from power in War was repeated incessantly. U.N. res- punk, without an air force, navy and Iran and install the Shah as a U.S. pup- olutions had to be in forced lest the hardly an army, or any antiaircraft pet. United Nations be discredited. The odd weaponry, was an outright threat to We not only supported Saddam Hus- thing was that on this occasion the the United States 6,000 miles away tells sein against Iran; we also supported United Nations itself did everything you how hysterical fear can be used to Osama bin Laden in the 1980s, aggra- possible to stop our preemptive attack. pursue a policy of needless war for vating the situation in the Middle East As it turned out, Saddam Hussein was quite different reasons. and causing unintended consequences. a lot closer to compliance than anyone Today, though, all the old reasons for With CIA assistance, we helped develop dreamed. going to war have been discredited and It was not long before concern for the the educational program to radicalize are no longer used to justify con- threat of Saddam Hussein became near Islamic youth in many Arab nations, tinuing the war. Now we are told we hysterical, drowning out any reasoned especially in Saudi Arabia, to fight the must complete the mission, and yet no opposition to the planned war. The one Soviets. We even provided a nuclear re- one seems to know exactly what the argument that was not publicly used actor to Iran in 1967, which today leads mission is or when it can be achieved. by those who propagandized for the war us to threaten another war. All of this By contrast, when war is properly de- may well be the most important: oil. has come back to haunt us. Meddling clared against a country, we can expect Though the administration in 1990 in the affairs of others has con- an all-out effort until the country sur- hinted briefly that we had to eject Sad- sequences. renders. Without a declaration of war, dam Hussein in Kuwait because of oil, Finally, after years of plotting and as the Constitution requires, it is left the stated reasons for that conflict maneuvering, the neoconservative plan to the President to decide when to soon transformed into stopping a po- to invade Iraq came before the U.S. start the war and when the war is over. tential Hitler and enforcing U.N. reso- House in October of 2002 to be rubber- We had sad experiences with this proc- lutions. stamped. Though the plan was hatched ess in Korea and especially in Vietnam. Publicly, oil is not talked about very years before, and the official policy of Pursuing this war merely to save much. But behind the scenes, many ac- the United States Government was to face or to claim it is a way to honor knowledge this is the real reason we remove Saddam Hussein ever since those who have already died or been fight. It is not only the politicians who 1998, various events delayed the vote wounded is hardly a reason that more say this. American consumers have al- until this time. By October, the vote people should die. ways enjoyed cheap gasoline and want was deemed urgent so as to embarrass We are told that we cannot leave it kept that way. The real irony is that anyone who opposed it by making them until we have a democratic Iraq. But the war has reduced Iraqi oil produc- politically vulnerable in the November what if Iraq votes to have a Shiite the- tion by 1⁄2 million barrels per day, and election. ocracy, which it looks like the major- prices are soaring, demonstrating an- The ploy worked. The resolution ity wants as their form of government, other unintended economic con- passed easily, and it served the inter- and women, Christians and Sunnis are sequence of war. ests of the proponents of war in the No- made second-class citizens? Oil in the Middle East has been a big vember election. The resolution, H.J. It is a preposterous notion and points issue since the Industrial Revolution 114, explicitly cited the Iraqi Libera- out the severe shortcomings of a de- when it was realized that the black tion Act of 1998 as one of the reasons mocracy where a majority rules and substance bubbling out of the ground we had to go to war. The authorization minorities suffer. Thankfully, our in places like Iraq had great value. It is granted the President to use force Founding Fathers understood the great interesting to note that in the early against Iraq cited two precise reasons: dangers of a democracy. They insisted 20th century, Germany, fully aware of number one, to defend the national seon a constitutional Republic with a oil’s importance, allied itself with the curity of the U.S. against the con- weak central government and an exec- Turkish Ottoman Empire and secured tinuing threat posed by Iraq; and, num- utive branch beholden to the legisla- the earliest rights to drill Iraqi oil. ber two, enforce all relevant United tive branch in foreign affairs. They built the Anatalya railroad be- Nations council resolutions regarding The sooner we realize we cannot af- tween Baghdad and Basra and obtained Iraq. ford this war, the better. We have got- oil and mineral rights on 20 kilometers Many other reasons were given to ten ourselves into a civil war within on each side of this right-of-way. stir the emotions of the American pub- the Islamic community. But could it

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.141 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7807 be, as it had been for over a hundred in forcing all foreign troops from their than a similar program was in the 1960s years prior to our invasion, that oil homeland. which gave us the stagflation of the really is the driving issue behind a for- History shows that Iraqi Muslims 1970s. The economic imbalances today eign presence in the Middle East? have always been determined to resist are much greater than they were in It is rather ironic that the con- any foreign power on their soil. We ig- those decades. Eventually we will come sequence of our intervention has been nored that history and learned nothing to realize that the Wilsonian idealism sky-rocketing oil prices, with Iraqi oil from Vietnam. How many lives, theirs of using America’s resources to pro- production still significantly below and ours, are worth losing to prove the mote democracy around the world pre-war levels. If democracy is not all tenacity of guerilla fighters supported through force is a seriously flawed polit is cracked up to be, and a war for oil by a large number of local citizens? icy. Wilson pretended to be spreading is blatantly immoral and unproductive, Those who argue it is legitimate to democracy worldwide, and yet women the question still remains, why do we protect our oil some day must realize in the U.S. at that time were not even fight? More precisely, why should we that it is not our oil, no matter how allowed to vote. fight? When is enough killing enough? strong and sophisticated our military Democracy where the majority dic- Why does man so casually accept war, is. We know the war so far has played tates the rules cannot protect minority which brings so much suffering to so havoc with oil prices and the market and individual rights. In addition, many, when so little is achieved? continues to discount problems in the using our force to impose our will on Why do those who suffer and die so region for years to come. No end is in others almost always backfires. There willingly accept the excuses for the sight regarding the uncertainty of Mid- is no reason that our efforts in the 21st wars that need not be fought? Why do dle East oil production caused by this century to impose a Western-styled so many defer to those who are en- conflict. government in Iraq would be any more thused about war and who claim it is a So far our policies inadvertently successful than the British were after solution to a problem without asking have encouraged the development of an World War I. This especially cannot them why they themselves do not Islamic state with Iranian allied Shi- work if democracy is only an excuse for fight? It is always other men and other ites in charge. This has led to Iranian our occupation and the real reasons are men’s children who must sacrifice life support for the insurgents and placed left unrecognized. and limb for reasons that make no Iran in the position of being the true sense, reasons that are said to be our victor in this war as its alliance with It boils down to the fact that we do patriotic duty to fight and die for. How Iraq grows. not really have any sound reasons for many useless wars have been fought for This could place Iran and its allies in continuing this fight. The original rea- lies that deserved no hearing? When the enviable position of becoming the sons for the war never existed and the will it all end? oil powerhouse in the region, if not the new reasons are not credibility. We Since no logical answers can be given world, once it has control over the oil hear only that we must carry on so for why we fight, it might be better to fields near Basra. This unintended alli- those who have already suffered death fight about why we should not fight. A ance with Iran plus the benefit to and injury did not do so in vain. case can be made that if this war does Osama bin Laden’s recruiting efforts If the original reasons for starting not end soon it will spread and engulf will in the end increase the danger to the war were false, simply continuing the entire region. We have already been Israel by rallying the Arab and Muslim in the name of those fallen makes no warned that war against Iran is an op- people against us. sense. More loss of life can never jus- tion that remains on the table for rea- One of the original stated justifica- tify earlier loss of life if they died for sons no more reliable than those given tions for the war has been accom- false reasons. This being the case, it is for the preemptive strike against Iraq. plished. Since 1998, the stated policy of time to reassess the policies that have Let me give you a few reasons why the United States Government was to gotten us into this mess. this war in Iraq should not be fought. bring regime change and get rid of Sad- The mess we face in the Middle East It is not in our national interest. On dam Hussein. This has been done. But and Afghanistan and the threat of ter- the contrary, pursuing this war endan- instead of peace and stability, we have rorism within our own borders are not gers our security, increases the sown the seeds of chaos. Nevertheless, a result of the policies of this adminis- chances of a domestic terrorist attack, the goal of removing Saddam Hussein tration alone. Problems have been weakens our defenses, and motivates has been achieved and is a reason to building for many years and have only our enemies to join together in opposi- stop the fighting. gotten much worse with our most re- tion to our domineering presence There were no weapons of mass decent policy of forcibly imposing regime around the world. Does anyone believe struction, no biological, chemical or change in Iraq. We must recognize that that Russia, China, and Iran will give nuclear weapons, so we can be assured the stalemate in Korea, the loss in us free rein over the entire Middle East the Iraqis pose no threat to anyone, Vietnam, and the quagmire in Iraq and and its oil? certainly not to the United States. Afghanistan all result from the same Tragically, we are setting the stage No evidence existed to show an alli- flawed foreign policy of interven- for a much bigger conflict. It is pos- ance between Iraq and al Qaeda before tionism that our government has pur- sible that this war could evolve into the war. And ironically, our presence sued for over 100 years. there is now encouraging al Qaeda and something much worse than Vietnam. It would be overly simplistic to say This war has never been declared. It Osama bin Laden to move in to fill the vacuum we created. that the current administration alone is not a constitutional war; and with- is responsible for the mess in Iraq. By out a proper beginning, there can be no The only relationship between Iraq and 9/11 is that our policy in the Middle rejecting the advice of the Founders proper ending. The vagueness instills and our early Presidents, our leaders doubts in all Americans, both sup- East continues to increase the likeli- hood of another terrorist attack on our have drifted away from the admoni- porters and nonsupporters, as to what tions against entangling alliance and will be accomplished. Supporters of the homeland. We should not fight because it is sim- nation-building. Policing the world is war want total victory, which is not not our calling or our mandate. Be- achievable with a vague mission. ply not worth it. What are we going to get for nearly 2,000 soldier deaths and sides, the Constitution does not permit b 1930 20,000 severe casualties? Was the $350 it. Undeclared wars have not enhanced Now, the majority of Americans are billion worth it? This is a cost that will our national security. demanding an end to this dragged-out be passed on to future generations The consensus on foreign interven- war that many fear will spread before through an expanded national debt. I tionism has been pervasive. Both major it is over. It is virtually impossible to will bet most Americans can think of a parties have come to accept our role as beat a determined guerilla resistance lot better ways to have spent this the world’s policeman, despite periodic to a foreign-occupying force. After 30 money. campaign rhetoric stating otherwise. years, the Vietnam guerillas, following Today’s program of guns and butter The media in particular, especially in the unbelievable suffering, succeeded will be more damaging to our economy the early stages, propagandize in favor

VerDate Aug 18 2005 04:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.143 H08SEPT1 H7808 CONGRESSIONAL RECORD — HOUSE September 8, 2005 of war. It is only when the costs be- we can currently. Certainly, the Sunnis after first destroying Iraq. If ever there come prohibitive and the war loses pop- can take care of themselves, and it was a time for us to reassess our policy ular support that the media criticize might be in their best interests for all of foreign intervention it is today. It is the effort. three groups not to fight each other time to look inward and attend to the It is not only our Presidents that de- when we leave. constitutional needs of our people and serve the blame when they overstep One thing for sure, if we left, no more forget about the grandiose schemes to their authority and lead the country young Americans would have to die for remake the world in our image through into inappropriate wars. Congress de- an indefinable cause. Instead, we have the use of force. These efforts not only serves equally severe criticism for ac- been forcing on the people of Iraq a are doomed to fail, as they have been quiescing to the demands of the execu- type of democracy that, if imple- for the past 100 years, but they invite tive to go needlessly to war. It has mented, will mean an Islamic state economic and strategic military prob- been known throughout history that under Sharia’ law. lems that are harmful to our national kings, dictators, and the executive Already we read stories of barbers no security interests. branches of governments are always longer being safe shaving beards; Chris- We have been told that we must fight overly eager to go to war. This is pre- tians are threatened and forced to to protect our freedoms here at home. cisely why our Founders tried des- leave the country, and burkas are re- These reasons are given to make the perately to keep decisions about going turning out of fear. Unemployment is sacrifices more tolerable and noble. to war in the hands of the legislature. over 50 percent and oil production is Without an honorable cause, the suf- But this process has failed, failed, still significantly below prewar levels. fering becomes intolerable. Hiding failed us for the last 65 years. These results are not worth fighting from the truth, though, in the end is no Congress routinely has rubber- and dying for. panacea for a war that promises no stamped the plans of our Presidents In this war, like all others, the prop- peace. and even the United Nations to enter agandists and promoters themselves do The most important misjudgment re- into war through the back door. Con- not fight nor do their children. It is al- garding Iraq that must be dealt with is gress at any time can prevent and stop ways worth the effort to wage war the charge that Muslim terrorists at- all undue foreign entanglements pur- when others must suffer and die. Many tack us out of envy for our freedoms sued by the executive branch merely by of those who today pumped the Nation and our prosperity and our way of life. refusing to finance them. up with war fever were nowhere to be There is no evidence this is the case. The current Iraq war now going on found when their numbers were called On the contrary, those who have exten- for 15 years spans the administration of in the 1960s, when previous Presidents sively researched this issue conclude three Presidents and many Congresses and Congresses thought so little about that the number one reason suicide ter- controlled by both parties. This makes sending young men off to war. Then it rorists attack anywhere in the world is Congress every bit as responsible for was in their best interest to find more because their land is occupied by a for- the current quagmire as the President. important things to do despite the so- eign military power. But the real problem is the acceptance called equalizing draft. b 1945 by our country as a whole of the prin- The inability of taxpayers to fund ciple of meddling in the internal affairs both guns and butter has not deterred Pretending otherwise and constantly of other nations when unrelated to our those who smell the glory of war. Noto- expanding our military presence in national security. riously great nations fall once their ap- more Arab and Muslim countries as we Intervention, no matter how well in- petite for foreign domination outstrips have since 1990 has only increased the tended, inevitably boomerangs and their citizens’ ability or willingness to danger of more attacks on our soil, as comes back to haunt us. Minding our pay. We tried the guns and butter ap- well as in those countries that have al- own business is not only economical, it proach in the 1960s with bad results, lied themselves with us. If we deny this is the only policy that serves our na- and the same will happen again as a truth, we do so at our own peril. tional security interests and the cause consequence of the current political de- It is not unusual for the war cru- of peace. cision not to cut back on any expendi- saders to condemn those who speak the The neoconservatives who want to ture, domestic or foreign. truth in an effort to end an unneces- remake the entire Middle East are not Veto nothing is the current policy. sary war. They claim those who want interested in the pertinent history of Tax, borrow and print to pay the bills honest reasons for the enormous sac- this region. Creating an artificial Iraq is today’s conventional wisdom. The rifice are unpatriotic and un-American, after World War I as a unified country problem is that all the bills eventually but these charges only serve to exacer- is like mixing water and oil. It has must be paid. There is no free lunch bate the social unrest. Any criticism of only led to frustration, anger and hos- and there is no free war. The economic policy, no matter how flawed the pol- tilities with the resulting instability consequences of such a policy are well icy is, is said to be motivated by a lack creating conditions ripe for dictator- known and documented. Excessive of support for the troops. Yet it is pre- ship. spending leads to excessive deficits, posterous to suggest that a policy that The occupying forces will not permit higher taxes, more borrowing and infla- would have spared the lives of 1,900 any of the three regions of Iraq to gov- tion which spells economic problems servicemen and -women lacks concern ern themselves. This is strictly moti- that always clobber the middle class for the well-being of our troops. The vated by a desire to exert control over and the poor. absence of good reasoning to pursue the oil. Self-determination and inde- Already this suffering has begun. A this war prompts the supporters of the pendence for each region or even a true lackluster recovery, low-paying jobs, war to demonize the skeptics and the republican form of government with a outsourcing, and social unrest already critics. They have no other defense. minimalist central authority was never are apparent. The economic price we Those who want to continue this war considered, yet it is the only answer to pay along with the human suffering is accuse those who lost loved ones in the difficult political problems that an extravagant price for a war that was Iraq, and oppose the war, of using the area faces. started with false information and now dead for personal political gain. But The relative and accidental independ- is prolonged for reasons unrelated to what do the war proponents do when ence of the Kurds and Shiites in the our national security. This policy has they claim the reason we must fight on 1990s served those regions well and no led to excessive spending overseas and is to honor the sacrifice of the military suicide terrorism existed during that neglect at home. It invites enemies to personnel we lost by completing the decade. The claim that our immediate attack us and drain the resources need- mission? withdrawal from Iraq would cause ed to defend our homeland and care for The big difference is that one group chaos is not proven. It did not happen our own people. argues for saving lives, while the other in Vietnam or even in Somalia. Even We are obligated to learn something justifies more killing, and by that today the militias of the Kurds and from the tragedy of Katrina about the logic, the additional deaths will re- Shiites may well be able to maintain misallocation of funds away from our quire even more killing to make sure order in their regions much better than infrastructure to the rebuilding of Iraq that they, too, have not died in vain.

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.144 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7809 Therefore, the greater number who causes too much suffering here at home APPOINTMENT OF HON. FRANK R. have died, the greater is the motiva- and the benefits of peace again become WOLF TO ACT AS SPEAKER PRO tion to complete the mission. This de- attractive to us all. Part of this rec- TEMPORE TO SIGN ENROLLED fies logic. This argument to persevere ognition will involve a big drop in the BILLS AND JOINT RESOLUTIONS has been used throughout history to value of the dollar, higher interest THROUGH SEPTEMBER 13, 2005 continue wars that could and should rates, and rampant price inflation. The SPEAKER pro tempore (Mr. have ended much sooner. This was es- Though these problems are serious KING of Iowa) laid before the House the pecially true for World War I and Viet- and threaten our freedoms and way of following communication from the nam. life, there is every reason to work for Speaker: A sad realism struck me recently the traditional constitutional foreign THE SPEAKER’S ROOMS, reading how our Marines in Afghani- policy that promotes peace over war, HOUSE OF REPRESENTATIVES, stan must now rely on donkey trans- while not being tempted to mold the Washington, DC, September 8, 2005. portation in their efforts at Nation world in our image through force. We I hereby appoint the Honorable FRANK R. building and military occupation. Evi- should not forget that what we did not WOLF to act as Speaker pro tempore to sign dently, the Taliban is alive and well, as achieve by military force in Vietnam enrolled bills and joint resolutions through Osama bin Laden remains in this re- was essentially achieved with the peace September 13, 2005. gion. But does this not tell us some- that came from our military failure DENNIS HASTERT, Speaker of the House of Representatives. thing about our naive assumption that and withdrawal of our Armed Forces. our economic advantages and our tech- Today, through trade and peace, U.S. The SPEAKER pro tempore. Without nical knowledge can subdue and con- investments and economic cooperation objection, the appointment is ap- trol anybody? has Westernized Vietnam far more proved. We are traversing the Afghan moun- than our military efforts ever could There was no objection. tains on donkeys and losing lives daily have. f in Baghdad with homemade, primitive We must remember, initiating force CONTINUATION OF NATIONAL bombs. Our power and dominance to impose our will on others negates all EMERGENCY WITH RESPECT TO clearly is limited by the determination the goodness for which we profess to CERTAIN TERRORIST ATTACKS— of those who see us as occupiers, prov- stand. We cannot be fighting to secure MESSAGE FROM THE PRESIDENT ing that just more money and sophisti- our freedom if we impose laws like the OF THE UNITED STATES (H. DOC. cated weapons will not bring us vic- PATRIOT Act and the national ID card NO. 109–54) tory. Sophisticated weapons and the on the American people. The SPEAKER pro tempore laid be- use of unlimited military power is no Unfortunately, we have lost faith and substitute for diplomacy designed to fore the House the following message confidence in the system of govern- from the President of the United promote peace while reserving force ment with which we have been blessed. only for defending our national inter- States; which was read and, together Today, too many Americans support, with the accompanying papers, without ests. at least in the early stages, the use of Changing our policy of meddling in objection, referred to the Committee force to spread our message of hope and the affairs of others will not come eason International Relations and ordered freedom. They too often are confused ily or quickly, but a few signals to in- to be printed: by the rhetoric that our armies are dicate a change in our attitude would To the Congress of the United States: needed to spread American goodness. go a long way to bringing peace to a Section 202(d) of the National Emer- Using force injudiciously, instead of troubled land. gencies Act, 50 U.S.C. 1622(d), provides spreading the worthy message of Amer- First, we must soon, and Congress for the automatic termination of a na- ican freedom through peaceful means, can do this through the budget process, tional emergency unless, prior to the antagonizes our enemies, alienates our stop the construction of all permanent anniversary date of its declaration, the allies and threatens personal liberties bases in Iraq and any other Muslim President publishes in the Federal Reg- here at home while burdening our econ- country in the region. Think of how we ister and transmits to the Congress a omy. would react if the Chinese had the mili- notice stating that the emergency is to tary edge on us and laid claims to the If confidence cannot be restored in continue in effect beyond the anniver- Gulf of Mexico and building bases with- our American traditions of peace and sary date. Consistent with this provi- in the United States in order to pro- trade, our influence throughout the sion, I have sent to the Federal Register mote their superior way of life. Is it world would be enhanced just as it was the enclosed notice, stating that the not ironic that we close down bases once we rejected the military approach emergency declared with respect to the here at home while building new ones in Vietnam. terrorist attacks on the United States overseas? Domestic bases might well This change in policy can come eas- of September 11, 2001, is to continue in promote security, while bases in Mus- ily once the people of this country de- effect for an additional year. lim Nations only elicit more hatred to- cide that there is a better way to con- The terrorist threat that led to the ward us. duct ourselves throughout the world. declaration on September 14, 2001, of a Second, the plans for the biggest U.S. Whenever the people turn against war national emergency continues. For this embassy in the world, costing nearly $1 as a tool to promote certain beliefs, the reason, I have determined that it is billion, must be cancelled. This struc- war ceases. That is what we need necessary to continue in effect after ture in Baghdad sends a message, like today. Then we can get down to the September 14, 2005, the national emer- the military bases being built, that we business of setting an example of how gency with respect to the terrorist expect to be in Iraq and running Iraq peace and freedom brings prosperity in threat. for a long time to come. an atmosphere that allows for excel- GEORGE W. BUSH. Third, all military forces in Iraq and lence and virtue to thrive. THE WHITE HOUSE, September 8, 2005. on the Arabian peninsula must be A powerful bureaucratic military f moved offshore at the earliest time state negates all efforts to preserve possible. All responsibility for security these conditions that have served SUSPENDING CERTAIN PROVI- and control of the oil must be trans- America so well up until recent times. SIONS OF UNITED STATES CODE ferred to the Iraqis from the United That is not what the American dream IN RESPONSE TO NATIONAL States as soon as possible, within is all about. Without a change in atti- EMERGENCY CAUSED BY HURRI- months, not years. tude, the American dream dies. A sim- CANE KATRINA—MESSAGE FROM The time will come when our policies ple change that restates the principles THE PRESIDENT OF THE UNITED dealing with foreign affairs will change of liberty enshrined in our Constitu- STATES (H. DOC. NO. 109–55) for the better, but that will be because tion will serve us well in solving all the The SPEAKER pro tempore laid be- we can no longer afford the extrava- problems we face. The American people fore the House the following message gance of war. This will occur when the are up to the task. I hope the Congress from the President of the United American people realize that war is as well. States; which was read and, together

VerDate Aug 18 2005 04:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.146 H08SEPT1 H7810 CONGRESSIONAL RECORD — HOUSE September 8, 2005 with the accompanying papers, without Mr. POE, for 5 minutes, September 13 Danny K. Davis, Nathan Deal, Peter A. objection, referred to the Committee and 14. DeFazio, Diana DeGette, William D. on Education and the Workforce and Mr. KING of Iowa, for 5 minutes, Delahunt, Rosa L. DeLauro, Tom DeLay, Charles W. Dent, Lincoln Diaz-Balart, Mario ordered to be printed: today. Diaz-Balart, Norman D. Dicks, John D. Din- To the Congress of the United States: (The following Member (at his own gell, Lloyd Doggett, John T. Doolittle, Mi- I hereby report that I have exercised request) to revise and extend his re- chael F. Doyle, Thelma D. Drake, David my statutory authority under section marks and include extraneous mate- Dreier, John J. Duncan, Jr., Chet Edwards, 3147 of title 40, United States Code, to rial:) Vernon J. Ehlers, Rahm Emanuel, Jo Ann suspend the provisions of 40 U.S.C. Mr. HUNTER, for 5 minutes, today. Emerson, Eliot L. Engel, Phil English, Anna G. Eshoo, Bob Etheridge, Lane Evans, Terry 3141–3148 in the event of a national f Everett, Eni F. H. Faleomavaega, Sam Farr, emergency. I have found that the con- ENROLLED BILLS SIGNED Chaka Fattah, Tom Feeney, Mike Ferguson, ditions caused by Hurricane Katrina Bob Filner, Michael G. Fitzpatrick, Jeff constitute a ‘‘national emergency’’ Mr. Trandahl, Clerk of the House, re- Flake, Mark Foley, J. Randy Forbes, Harold within the meaning of section 3147. I ported and found truly enrolled bills of E. Ford, Jr., Jeff Fortenberry, Luis G. have, therefore, suspended the provi- the House of the following titles, which Fortun˜ o, Vito Fossella, Virginia Foxx, Bar- sions of 40 U.S.C. 3141–3148 in des- were thereupon signed by the Speaker: ney Frank, Trent Franks, Rodney P. Frelinghuysen, Elton Gallegly, Scott Gar- H.R. 3650. An act to allow United States ignated areas in the States of Alabama, rett, Jim Gerlach, Jim Gibbons, Wayne T. courts to conduct business during emergency Florida, Louisiana, and Mississippi. Gilchrest, Paul E. Gillmor, Phil Gingrey, conditions, and for other purposes. This action is more fully set out in Louie Gohmert, Charles A. Gonzalez, Virgil H.R. 3673. An act making further emer- the enclosed proclamation that I have H. Goode, Jr., Bob Goodlatte, Bart Gordon, gency supplemental appropriations to meet issued today. Kay Granger, Sam Graves, Al Green, Gene immediate needs arising from the con- Green, Mark Green, Rau´ l M. Grijalva, Luis GEORGE W. BUSH. sequences of Hurricane Katrina, for the fis- THE WHITE HOUSE, September 8, 2005. V. Gutierrez, Gil Gutknecht, Ralph M. Hall, cal year ending September 30, 2005, and for Jane Harman, Katherine Harris, Melissa A. f other purposes. Hart, J. Dennis Hastert, Doc Hastings, Alcee FURTHER MESSAGE FROM THE f L. Hastings, Robin Hayes, J. D. Hayworth, SENATE Joel Hefley, Jeb Hensarling, Wally Herger, b 2005 Stephanie Herseth, Brian Higgins, Maurice A further message from the Senate ADJOURNMENT D. Hinchey, Rube´n Hinojosa, David L. Hob- by Ms. Curtis, one of its clerks, an- son, Peter Hoekstra, Tim Holden, Rush D. nounced that the Senate has passed Mr. GOHMERT. Mr. Speaker, I move Holt, Michael M. Honda, Darlene Hooley, without amendment a bill of the House that the House do now adjourn. John N. Hostettler, Steny H. Hoyer, Kenny of the following title: The motion was agreed to; accord- C. Hulshof, Duncan Hunter, Henry J. Hyde, Bob Inglis, Jay Inslee, Steve Israel, Darrell H.R. 3673. An Act making further emer- ingly (at 8 o’clock and 5 minutes p.m.), E. Issa, Ernest J. Istook, Jr., Jesse L. Jack- gency supplemental appropriations to meet under its previous order, the House ad- son, Jr., Sheila Jackson-Lee, William J. Jef- immediate needs arising from the con- journed until Monday, September 12, ferson, William L. Jenkins, Bobby Jindal, sequences of Hurricane Katrina, for the fis- 2005, at noon. Sam Johnson, Eddie Bernice Johnson, Nancy cal year ending September 30, 2005, and for f L. Johnson, Timothy V. Johnson, Walter B. other purposes. Jones, Stephanie Tubbs Jones, Paul E. Kan- f OATH FOR ACCESS TO CLASSIFIED jorski, Marcy Kaptur, Ric Keller, Sue W. INFORMATION LEAVE OF ABSENCE Kelly, Patrick J. Kennedy, Mark R. Ken- Under clause 13 of rule XXIII, the fol- nedy, Dale E. Kildee, Carolyn C. Kilpatrick, By unanimous consent, leave of ab- lowing Members executed the oath for Ron Kind, Steve King, Peter T. King, Jack sence was granted to: Kingston, Mark Steven Kirk, John Kline, access to classified information: Mr. OLVER (at the request of Ms. Joe Knollenberg, Jim Kolbe, John R. PELOSI) for today on account of illness. Neil Abercrombie, Gary L. Ackerman, Rob- ‘‘Randy’’ Kuhl, Jr., Ray LaHood, James R. ert B. Aderholt, W. Todd Akin, Rodney Alex- Mr. EVERETT (at the request of Mr. Langevin, Tom Lantos, Rick Larsen, John B. ander, Thomas H. Allen, Robert E. Andrews, Larson, Tom Latham, Steven C. LaTourette, DELAY) for today after 2:00 p.m. on ac- Joe Baca, Spencer Bachus, Brian Baird, James A. Leach, Barbara Lee, Sander M. count of business in his district. Richard H. Baker, Tammy Baldwin, J. Levin, Jerry Lewis, John Lewis, Ron Lewis, SPECIAL ORDERS GRANTED Gresham Barrett, John Barrow, Roscoe G. John Linder, Daniel Lipinski, Frank A. By unanimous consent, permission to Bartlett, Joe Barton, Charles F. Bass, Me- LoBiondo, Zoe Lofgren, Nita M. Lowey, address the House, following the legis- lissa L. Bean, Bob Beauprez, Xavier Becerra, Frank D. Lucas, Daniel E. Lungren, Stephen lative program and any special orders Shelley Berkley, Howard L. Berman, Marion F. Lynch, Connie Mack, Carolyn B. Maloney, heretofore entered, was granted to: Berry, Judy Biggert, Michael Bilirakis, Rob Donald A. Manzullo, Kenny Marchant, Ed- Bishop, Sanford D. Bishop, Jr., Timothy H. ward J. Markey, Jim Marshall, Jim Mathe- (The following Members (at the re- Bishop, Marsha Blackburn, Earl son, Doris O. Matsui, Carolyn McCarthy, Mi- quest of Ms. WOOLSEY) to revise and ex- Blumenauer, Roy Blunt, Sherwood Boehlert, chael T. McCaul, Betty McCollum, Thaddeus tend their remarks and include extra- John A. Boehner, Henry Bonilla, Jo Bonner, G. McCotter, Jim McCrery, James P. McGov- neous material:) Mary Bono, John Boozman, Madeleine Z. ern, Patrick T. McHenry, John M. McHugh, Ms. WOOLSEY, for 5 minutes, today. Bordallo, Dan Boren, Leonard L. Boswell, Mike McIntyre, Howard P. ‘‘Buck’’ McKeon, Mr. SCHIFF, for 5 minutes, today. Rick Boucher, Charles W. Boustany, Jr., Cynthia McKinney, Cathy McMorris, Mi- Mr. DEFAZIO, for 5 minutes, today. Allen Boyd, Jeb Bradley, Kevin Brady, Rob- chael R. McNulty, Martin T. Meehan, Mr. BROWN of Ohio, for 5 minutes, ert A. Brady, Corrine Brown, Sherrod Brown, Kendrick B. Meek, Gregory W. Meeks, Char- today. Henry E. Brown, Jr., Ginny Brown-Waite, lie Melancon, Robert Menendez, John L. Michael C. Burgess, Dan Burton, G. K. Mica, Michael H. Michaud, Juanita Mr. HOLT, for 5 minutes, today. Butterfield, Steve Buyer, Ken Calvert, Dave Millender-McDonald, Brad Miller, Jeff Mil- Mr. LIPINSKI, for 5 minutes, today. Camp, Chris Cannon, Eric Cantor, Shelley ler, Gary G. Miller, Candice S. Miller, Alan Mr. CARDIN, for 5 minutes, today. Moore Capito, Lois Capps, Michael E. B. Mollohan, Dennis Moore, Gwen Moore, Ms. WASSERMAN SCHULTZ, for 5 min- Capuano, Benjamin L. Cardin, Dennis A. Jerry Moran, James P. Moran, Tim Murphy, utes, today. Cardoza, Russ Carnahan, Julia Carson, John John P. Murtha, Marilyn N. Musgrave, Sue Mr. EMANUEL, for 5 minutes, today. R. Carter, Ed Case, Michael N. Castle, Steve Wilkins Myrick, Jerrold Nadler, Grace F. Mr. CUMMINGS, for 5 minutes, today. Chabot, Ben Chandler, Chris Chocola, Donna Napolitano, Richard E. Neal, Randy Ms. CORRINE BROWN of Florida, for 5 M. Christensen, Wm. Lacy Clay, Emanuel Neugebauer, Robert W. Ney, Anne M. minutes, today. Cleaver, James E. Clyburn, Howard Coble, Northup, Eleanor Holmes Norton, Charlie (The following Members (at the re- Tom Cole, K. Michael Conaway, John Con- Norwood, Devin Nunes, Jim Nussle, James L. quest of Mr. POE) to revise and extend yers, Jr., Jim Cooper, Jim Costa, Jerry F. Oberstar, David R. Obey, John W. Olver, Sol- their remarks and include extraneous Costello, Christopher Cox, Robert E. (Bud) omon P. Ortiz, Tom Osborne, C. L. ‘‘Butch’’ Cramer, Jr., Ander Crenshaw, Joseph Crow- Otter, Major R. Owens, Michael G. Oxley, material:) ley, Barbara Cubin, Henry Cuellar, John Frank Pallone, Jr., Bill Pascrell, Jr., Ed Pas- Mrs. BLACKBURN, for 5 minutes, Abney Culberson, Elijah E. Cummings, tor, Ron Paul, Donald M. Payne, Stevan today. Randy ‘‘Duke’’ Cunningham, Artur Davis, Pearce, Nancy Pelosi, Mike Pence, Collin C. Mr. GUTKNECHT, for 5 minutes, Sep- Geoff Davis, Jim Davis, Jo Ann Davis, Lin- Peterson, John E. Peterson, Thomas E. tember 15. coln Davis, Tom Davis, Susan A. Davis, Petri, Charles W. ‘‘Chip’’ Pickering, Joseph

VerDate Aug 18 2005 04:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.148 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7811 R. Pitts, Todd Russell Platts, Ted Poe, Rich- ant to 42 U.S.C. 247d(a) Public Law 107–188, tion 36(c) and (d) of the Arms Export Control ard W. Pombo, Earl Pomeroy, Jon C. Porter, section 144(a); to the Committee on Energy Act, certification regarding the proposed Rob Portman, Tom Price, David E. Price, and Commerce. transfer of major defense articles or defense Deborah Pryce, Adam H. Putnam, George 3725. A letter from the Acting Assistant services to the Government of the United Radanovich, Nick J. Rahall, II, Jim Secretary for Legislative Affairs, Depart- Kingdom and Canada (Transmittal No. DDTC Ramstad, Charles B. Rangel, Ralph Regula, ment of State, transmitting certification 097-04); to the Committee on International Dennis R. Rehberg, David G. Reichert, Rick that the Board of the International Fund of Relations. Renzi, Silvestre Reyes, Thomas M. Reynolds, Ireland is, as a whole, broadly representative 3735. A letter from the Acting Assistant Harold Rogers, Mike Rogers, Dana Rohr- of the interests of the communities in Ire- Secretary for Legislative Affairs, Depart- abacher, Ileana Ros-Lehtinen, Mike Ross, land and Northern Ireland; and that dis- ment of State, transmitting pursuant to sec- Steven R. Rothman, Lucille Roybal-Allard, bursements from the International Fund will tion 36(c) of the Arms Export Control Act, Edward R. Royce, C. A. Dutch be distributed in accordance with principles certification regarding the proposed license Ruppersberger, Bobby L. Rush, Paul Ryan, of economic justice; and will address the for the export of defense articles or defense Tim Ryan, Jim Ryun, Martin Olav Sabo, needs of both communities in Northern Ire- services from the Governments of Russia, John T. Salazar, Loretta Sanchez, Linda T. land and will create employment opportuni- Ukraine and Norway (Transmittal No. DDTC Sa´ nchez, Bernard Sanders, Jim Saxton, Jan- ties in regions and communities of Northern 024-05); to the Committee on International ice D. Schakowsky, Adam B. Schiff, Jean Ireland suffering from high rates of unem- Relations. Schmidt, Allyson Y. Schwartz, John J. H. ployment, pursuant to Public Law 99–415, 3736. A letter from the Acting Assistant ‘‘Joe’’ Schwarz, David Scott, Robert C. section 5(c) (100 Stat. 948); to the Committee Secretary for Legislative Affairs, Depart- Scott, F. James Sensenbrenner, Jr., Jose´ E. on International Relations. ment of State, transmitting pursuant to sec- Serrano, Pete Sessions, John B. Shadegg, E. 3726. A letter from the Acting Assistant tion 36(c) of the Arms Export Control Act, Clay Shaw, Jr., Christopher Shays, Brad Secretary for Legislative Affairs, Depart- certification regarding the proposed license Sherman, Don Sherwood, John Shimkus, Bill ment of State, transmitting the Depart- for the export of defense articles or defense Shuster, Rob Simmons, Michael K. Simpson, ment’s report on employment of United services from the Governments of Russia and Ike Skelton, Louise McIntosh Slaughter, States citizens by certain international or- Kazakhstan (Transmittal No. DDTC 025-05); Adam Smith, Christopher H. Smith, Lamar ganizations, pursuant to 22 U.S.C. 276c–4; to to the Committee on International Rela- S. Smith, Vic Snyder, Michael E. Sodrel, the Committee on International Relations. tions. Hilda L. Solis, Mark E. Souder, John M. 3727. A letter from the Acting Assistant 3737. A letter from the Acting Assistant Spratt, Jr., Cliff Stearns, Ted Strickland, Secretary for Legislative Affairs, Depart- Secretary for Legislative Affairs, Depart- Bart Stupak, John Sullivan, John E. ment of State, transmitting notification of ment of State, transmitting a copy of the de- Sweeney, Thomas G. Tancredo, John S. Tan- an Accountability Review Board to examine termination pursuant to Section 610 of the ner, Ellen O. Tauscher, Gene Taylor, Charles the facts and the circumstances of the loss of Foreign Assistance Act authorizing the use H. Taylor, Lee Terry, William M. Thomas, life at a U.S. mission abroad and to report FY 2005 Supplemental Economic Support Mike Thompson, Bennie G. Thompson, Mac and make recommendations, pursuant to 22 Funds to provide assistance to the Pales- Thornberry, Todd Tiahrt, Patrick J. Tiberi, U.S.C. 4834(d)(1); to the Committee on Inter- tinian Authority; to the Committee on Inter- John F. Tierney, Edolphus Towns, Michael national Relations. national Relations. R. Turner, Mark Udall, Tom Udall, Fred 3728. A letter from the Acting Assistant 3738. A letter from the Acting Assistant Upton, Chris Van Hollen, Nydia M. Secretary for Legislative Affairs, Depart- Secretary for Legislative Affairs, Depart- Vela´ zquez, Peter J. Visclosky, Greg Walden, ment of State, transmitting the fifty-third ment of State, transmitting pursuant to sec- James T. Walsh, Zach Wamp, Debbie report on the extent and disposition of tion 36(c) of the Arms Export Control Act, Wasserman Schultz, Maxine Waters, Diane United States contributions to international certification regarding the proposed license E. Watson, Melvin L. Watt, Henry A. Wax- organizations for fiscal year 2004, pursuant for the export of defense articles or defense man, Anthony D. Weiner, Curt Weldon, Dave to 22 U.S.C. 262a; to the Committee on Inter- services (Transmittal No. DDTC 008-05); to Weldon, Jerry Weller, Lynn A. Westmore- national Relations. the Committee on International Relations. land, Robert Wexler, Ed Whitfield, Roger F. 3729. A letter from the Assistant Legal Ad- 3739. A letter from the Acting Assistant Wicker, Heather Wilson, Joe Wilson, Frank viser for Treaty Affairs, Department of Secretary for Legislative Affairs, Depart- R. Wolf, Lynn C. Woolsey, David Wu, Albert State, transmitting copies of international ment of State, transmitting pursuant to sec- Russell Wynn, Don Young, C. W. Bill Young, agreements, other than treaties, entered into tion 36(c) of the Arms Export Control Act, by the United States, pursuant to 1 U.S.C. certification regarding the proposed license f 112b(a); to the Committee on International for the export of defense articles or defense Relations. equipment from the Government of Japan EXECUTIVE COMMUNICATIONS, 3730. A letter from the Assistant Legal Ad- (Transmittal No. DDTC 020-05); to the Com- ETC. viser for Treaty Affairs, Department of mittee on International Relations. Under clause 8 of rule XII, executive State, transmitting copies of international 3740. A letter from the Acting Assistant communications were taken from the agreements, other than treaties, entered into Secretary for Legislative Affairs, Depart- Speaker’s table and referred as follows: by the United States, pursuant to 1 U.S.C. ment of State, transmitting pursuant to sec- 112b(a); to the Committee on International tion 36(c) of the Arms Export Control Act, 3721. A letter from the Under Secretary for Relations. certification regarding the proposed license Acquisition, Technology and Logistics, De- 3731. A letter from the Assistant Legal Ad- for the export of defense articles or defense partment of Defense, transmitting certified viser for Treaty Affairs, Department of services from the Government of Iraq (Trans- materials supplied to the Defense Base Clo- State, transmitting copies of international mittal No. DDTC 035-05); to the Committee sure and Realignment Commission, pursuant agreements, other than treaties, entered into on International Relations. to Public Law 101–510, section 2903(c)(6) and by the United States, pursuant to 1 U.S.C. 3741. A letter from the Acting Assistant 2914(b)(1); to the Committee on Armed Serv- 112b(a); to the Committee on International Secretary for Legislative Affairs, Depart- ices. Relations. ment of State, transmitting pursuant to sec- 3722. A letter from the Under Secretary for 3732. A letter from the Acting Assistant tion 36(d) of the Arms Export Control Act, Acquisition, Technology and Logistics, De- Secretary for Legislative Affairs, Depart- certification regarding the proposed license partment of Defense, transmitting certified ment of State, transmitting the Depart- for the manufacture of defense equipment materials supplied to the Defense Base Clo- ment’s final rule — Amendments to the from the Government of Japan (Transmittal sure and Realignment Commission, pursuant International Traffic in Arms Regulations: No. DDTC 019-05); to the Committee on Inter- to Public Law 101–510, section 2903(c)(6) and Port Directors, Definition, NATO Definition, national Relations. 2914(b)(1); to the Committee on Armed Serv- Major Non-NATO Ally Definition, Record- 3742. A letter from the Acting Assistant ices. keeping Requirements, Supporting Docu- Secretary for Legislative Affairs, Depart- 3723. A letter from the Under Secretary for mentation for Electronics License Applica- ment of State, transmitting Pursuant to sec- Acquisition, Technology and Logistics, De- tions, Disclosure of Registration Documents tion 36(d) of the Arms Export Control Act, partment of Defense, transmitting certified — received August 25, 2005, pursuant to 5 certification regarding the proposed license materials supplied to the Defense Base Clo- U.S.C. 801(a)(1)(A); to the Committee on for the transfer of defense equipment from sure and Realignment Commission, pursuant International Relations. the Government of Saudi Arabia to the Gov- to Public Law 101–510, section 2903(c)(6) and 3733. A letter from the Acting Assistant ernment of Mexico (Transmittal No. RSAT 2914(b)(1); to the Committee on Armed Serv- Secretary for Legislative Affairs, Depart- 03-05); to the Committee on International ices. ment of State, transmitting notification of Relations. 3724. A letter from the Secretary, Depart- an unauthorized transfer of U.S.-origin de- 3743. A letter from the Acting Assistant ment of Health and Human Services, trans- fense articles pursuant to Section 3(e) of the Secretary for Legislative Affairs, Depart- mitting written notification of the deter- Arms Export Control Act (AECA); to the ment of State, transmitting a copy of Presi- mination that a public health emergency has Committee on International Relations. dential Determination No. 2005-31, Waiving existed in the state of Florida since August 3734. A letter from the Acting Assistant Prohibition on United States Military As- 24, 2005 and in states of Alabama, Louisiana, Secretary for Legislative Affairs, Depart- sistance with Respect to Cambodia; to the and Mississippi since August 29, 2005, pursu- ment of State, transmitting pursuant to sec- Committee on International Relations.

VerDate Aug 18 2005 04:13 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.040 H08SEPT1 H7812 CONGRESSIONAL RECORD — HOUSE September 8, 2005 3744. A letter from the Acting Assistant (RIN: 1625-AA00) received August 25, 2005, Riversplash Fireworks display, Milwaukee Secretary for Legislative Affairs, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- River, Milwaukee, WI [CGD09-05-023] (RIN: ment of State, transmitting a determination mittee on Transportation and Infrastruc- 1625-AA00) received August 25, 2005, pursuant pursuant to section 451 of the Foreign Assist- ture. to 5 U.S.C. 801(a)(1)(A); to the Committee on ance Act of 1961, authorizing the use of FY 3754. A letter from the Chief, Regulations Transportation and Infrastructure. 2005 funds authorized for the International and Administrative Law, USCG, Department 3764. A letter from the Chief, Regulations Military Education and Training (IMET) and of Homeland Security, transmitting the De- and Administrative Law, USCG, Department FY 2004 funds authorized for FREEDOM Sup- partment’s final rule — Safety Zone; Rock- of Homeland Security, transmitting the De- port Act/Assistance to the Independent ets for Schools Sheboygan, Wisconsin partment’s final rule — Safety Zone; Chesa- States (FSA/IS) to provide assistance to the [CGD09-05-015] (RIN: 1625-AA00) received Au- peake Bay, Norfolk, VA [CGD05-05-0562] United Nations Democracy Fund; to the gust 25, 2005, pursuant to 5 U.S.C. (RIN: 1625-AA00) received August 25, 2005, Committee on International Relations. 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3745. A letter from the Chief, Regulations tation and Infrastructure. mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department 3755. A letter from the Chief, Regulations ture. of Homeland Security, transmitting the De- and Administrative Law, USCG, Department 3765. A letter from the Chief, Regulations partment’s final rule — Safety Zone: Bay of Homeland Security, transmitting the De- and Administrative Law, USCG, Department City International River Roar, Saginaw partment’s final rule — Safety Zone; Port of of Homeland Security, transmitting the De- River, Bay City, MI [CGD09-05-028] (RIN: Mobile, Mobile Ship Channel, Mobile, AL partment’s final rule — Safety Zone; Chesa- 1625-AA00) received August 25, 2005, pursuant [COTP Mobile-05-005] (RIN: 1625-AA00) re- peake Bay, Mathews, VA [CGD05-05-063] to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived August 25, 2005, pursuant to 5 U.S.C. (RIN: 1625-AA00) received August 25, 2005, Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3746. A letter from the Chief, Regulations tation and Infrastructure. mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department 3756. A letter from the Chief, Regulations ture. of Homeland Security, transmitting the De- and Administrative Law, USCG, Department 3766. A letter from the Chief, Regulations partment’s final rule — Safety Zone; Elberta of Homeland Security, transmitting the De- and Administrative Law, USCG, Department Solstice Festival Fireworks, Elberta, MI partment’s final rule — Safety Zone; Legal of Homeland Security, transmitting the De- [CGD09-05-029] (RIN: 1625-AA00) received Au- Seafood Fireworks Display, Boston, Massa- partment’s final rule — Safety Zone: Rappa- gust 25, 2005, pursuant to 5 U.S.C. chusetts [CGD1-05-035] (RIN: 1625-AA00) re- hannock River, Tappahannock, VA [CGD05- 801(a)(1)(A); to the Committee on Transpor- ceived August 25, 2005, pursuant to 5 U.S.C. 05-064] (RIN: 1625-AA00) received August 25, tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3747. A letter from the Chief, Regulations tation and Infrastructure. Committee on Transportation and Infra- and Administrative Law, USCG, Department 3757. A letter from the Chief, Regulations structure. of Homeland Security, transmitting the De- and Administrative Law, USCG, Department 3767. A letter from the Chief, Regulations partment’s final rule — Safety Zone; South- of Homeland Security, transmitting the De- and Administrative Law, USCG, Department side Summer Festival, St. Clair River, Port partment’s final rule — Safety Zone; Piping of Homeland Security, transmitting the De- Huron, MI [CGD09-05-030] (RIN: 1625-AA00) re- Rock Beach Club Firworks, Long Island partment’s final rule — Safety Zone: Hamp- ceived August 25, 2005, pursuant to 5 U.S.C. Sound, Lattingtown, NY [CGD01-05-043] (RIN: ton River, Hampton, VA [CGD05-05-065] (RIN: 801(a)(1)(A); to the Committee on Transpor- 1625-AA00) received August 25, 2005, pursuant 1625-AA00) received August 25, 2005, pursuant tation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on 3748. A letter from the Chief, Regulations Transportation and Infrastructure. Transportation and Infrastructure. and Administrative Law, USCG, Department 3758. A letter from the Chief, Regulations 3768. A letter from the Chief, Regulations of Homeland Security, transmitting the De- and Administrative Law, USCG, Department and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Target of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- Fireworks Display, Detroit River, Detroit, partment’s final rule — Safety Zone: Former partment’s final rule — Safety Zone; Cherry- MI [CGD09-05-031] (RIN: 1625-AA00) received Quincy Shipyard Gantry Crane Demolition, stone Channel, Chesapeake Bay, VA [CGD05- August 25, 2005, pursuant to 5 U.S.C. Quincy, Massachusetts [CGD01-05-059] (RIN: 05-068] (RIN: 1625-AA00) received August 25, 801(a)(1)(A); to the Committee on Transpor- 1625-AA00) received August 25, 2005, pursuant 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- 3749. A letter from the Chief, Regulations Transportation and Infrastructure. structure. and Administrative Law, USCG, Department 3759. A letter from the Chief, Regulations 3769. A letter from the Chief, Regulations of Homeland Security, transmitting the De- and Administrative Law, USCG, Department and Administrative Law, USCG, Department partment’s final rule — Safety Zone; Captain of Homeland Security, transmitting the De- of Transportation, transmitting the Depart- of the Port Chicago [CGD09-05-004] (RIN: partment’s final rule — Safety Zone; Dela- ment’s final rule — Safety Zone; Celebrate 1625-AA00) received August 25, 2005, pursuant ware River [CGD05-05-027] (RIN: 1625-AA00) America Fundraiser Fireworks Display, to 5 U.S.C. 801(a)(1)(A); to the Committee on received August 25, 2005, pursuant to 5 U.S.C. Lake St. Clair, Gross Pointe, MI [CGD09-05- Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 024] (RIN: 1625-AA00) received August 25, 2005, 3750. A letter from the Chief, Regulations tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department 3760. A letter from the Chief, Regulations mittee on Transportation and Infrastruc- of Homeland Security, transmitting the De- and Administrative Law, USCG, Department ture. partment’s final rule — Safety Zone; GREAT of Homeland Security, transmitting the De- LAKES ICE BREAKER Menominee River, partment’s final rule — Safety Zone; Chesa- f Marinette, Wisconsin [CGD09-05-007] (RIN: peake Bay, Northwest Harbor, Baltimore, 1625-AA00) received August 25, 2005, pursuant MD [CGD05-05-030] (RIN: 1625-AA00) received PUBLIC BILLS AND RESOLUTIONS to 5 U.S.C. 801(a)(1)(A); to the Committee on August 25, 2005, pursuant to 5 U.S.C. Under clause 2 of rule XII, public Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- bills and resolutions were introduced 3751. A letter from the Chief, Regulations tation and Infrastructure. and Administrative Law, USCG, Department 3761. A letter from the Chief, Regulations and severally referred, as follows: of Homeland Security, transmitting the De- and Administrative Law, USCG, Department By Mr. BROWN of Ohio: partment’s final rule — Safety Zone; New of Homeland Security, transmitting the De- H.R. 3696. A bill to amend the Federal York State Recreation and Parks Annual partment’s final rule — Safety Zone; Food, Drug, and Cosmetic Act to require Conference Fireworks at Ontario Beach Willoughby Bay, Norfolk, VA [CGD05-05-034] prior approval by the Food and Drug Admin- Park, Rochester, NY [CGD09-05-011] (RIN: (RIN: 1625-AA00) received August 25, 2005, istration of advertisements for prescription 1625-AA00) received August 25, 2005, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- drugs and restricted medical devices, and for to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- other purposes; to the Committee on Energy Transportation and Infrastructure. ture. and Commerce. 3752. A letter from the Chief, Regulations 3762. A letter from the Chief, Regulations By Mr. CONYERS (for himself, Mr. and Administrative Law, USCG, Department and Administrative Law, USCG, Department WATT, Ms. JACKSON-LEE of Texas, Mr. of Homeland Security, transmitting the De- of Homeland Security, transmitting the De- NADLER, Mr. TAYLOR of Mississippi, partment’s final rule — Safety Zone; Illinois partment’s final rule — Safety Zone; Sur- Mr. KUCINICH, Mr. MORAN of Virginia, River, Hennepin, IL [CGD09-05-012] (RIN: prise Birthday Party Fireworks, Lake St. Mrs. MALONEY, Ms. WASSERMAN 1625-AA00) received August 25, 2005, pursuant Clair, Gross Pointe, MI [CGD09-05-020] (RIN: SCHULTZ, Ms. LEE, Ms. LINDA T. to 5 U.S.C. 801(a)(1)(A); to the Committee on 1625-AA00) received August 25, 2005, pursuant SA´ NCHEZ of California, Ms. CARSON, Transportation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Mrs. DAVIS of California, Ms. ZOE 3753. A letter from the Chief, Regulations Transportation and Infrastructure. LOFGREN of California, Mr. CROWLEY, and Administrative Law, USCG, Department 3763. A letter from the Chief, Regulations Mr. SERRANO, Mr. SCOTT of Virginia, of Homeland Security, transmitting the De- and Administrative Law, USCG, Department Ms. WOOLSEY, Ms. MCCOLLUM of Min- partment’s final rule — Safety Zone; Cuya- of Homeland Security, transmitting the De- nesota, Mr. ROTHMAN, Mr. GRIJALVA, hoga River, Cleveland, Ohio [CGD09-05-013] partment’s final rule — Safety Zone; Mr. MEEHAN, Mr. BLUMENAUER, Mr.

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\L08SE7.000 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7813

BERMAN, Mr. DELAHUNT, Ms. CRENSHAW, Mr. YOUNG of Florida, Mr. tax on crude oil, natural gas, and products SCHAKOWSKY, Mr. EMANUEL, Mr. HASTINGS of Florida, Mr. MEEK of thereof; to the Committee on Ways and MCDERMOTT, Mr. SANDERS, Mr. Florida, and Ms. WASSERMAN Means, and in addition to the Committee on UDALL of New Mexico, Ms. WATSON, SCHULTZ): Energy and Commerce, for a period to be and Mrs. CAPPS): H.R. 3703. A bill to designate the facility of subsequently determined by the Speaker, in H.R. 3697. A bill to amend title 11 of the the United States Postal Service located at each case for consideration of such provi- United States Code to provide relief with re- 8501 Philatelic Drive in Spring Hill, Florida, sions as fall within the jurisdiction of the spect to disaster-related debts incurred by as the ‘‘Staff Sergeant Michael Schafer Post committee concerned. victims of Hurricane Katrina and other nat- Office Building‘‘; to the Committee on Gov- By Mr. MICHAUD: ural disasters; to the Committee on the Judi- ernment Reform. H.R. 3713. A bill to repeal the Bipartisan ciary. By Mrs. DRAKE (for herself, Mr. Trade Promotion Authority Act of 2002; to By Mr. DINGELL (for himself, Mr. JEF- MARCHANT, Mr. MICA, and Mr. BUR- the Committee on Ways and Means. FERSON, Mr. DAVIS of Alabama, Mr. GESS): By Mr. MILLER of Florida (for himself, THOMPSON of Mississippi, Ms. PELOSI, H.R. 3704. A bill to provide for establish- Mr. JEFFERSON, Mr. JINDAL, Ms. Mrs. CAPPS, Mr. BROWN of Ohio, Mr. ment of a Border Patrol Auxiliary; to the GINNY BROWN-WAITE of Florida, Mr. WAXMAN, Mr. STARK, Mr. RANGEL, Committee on Homeland Security. HINOJOSA, Mr. DAVIS of Florida, Mr. Mr. GENE GREEN of Texas, and Mr. By Mr. GERLACH: DAVIS of Tennessee, Mr. ROGERS of MELANCON): H.R. 3705. A bill to amend title 18, United Alabama, Mr. BONNER, and Mr. WIL- H.R. 3698. A bill to provide temporary Med- States Code, to prohibit price gouging during SON of South Carolina): icaid disaster relief in response to Hurricane national emergencies; to the Committee on H.R. 3714. A bill to amend the Robert T. Katrina, and for other purposes; to the Com- the Judiciary. Stafford Disaster Relief and Emergency As- mittee on Energy and Commerce, and in ad- By Mr. HASTINGS of Florida (for him- sistance Act to provide for reimbursement of dition to the Committee on Ways and Means, self, Mrs. MALONEY, Mr. KENNEDY of certain for-profit hospitals; to the Com- for a period to be subsequently determined Rhode Island, Mr. HONDA, Mr. BISHOP mittee on Transportation and Infrastruc- by the Speaker, in each case for consider- of New York, Ms. MCCOLLUM of Min- ture. ation of such provisions as fall within the ju- nesota, Mr. REYES, Mr. DOGGETT, Mr. By Mr. RAMSTAD (for himself and Mr. risdiction of the committee concerned. GRIJALVA, Mr. WEXLER, Ms. CARSON, CARDIN): By Mr. TOM DAVIS of Virginia (for Mr. BISHOP of Georgia, Mr. MCNULTY, H.R. 3715. A bill to amend the Internal Rev- himself, Ms. NORTON, and Mr. VAN Mr. INSLEE, Mr. SHERMAN, Mr. NAD- enue Code of 1986 to provide an incentive to HOLLEN): LER, Ms. SCHWARTZ of Pennsylvania, preserve affordable housing in multifamily H.R. 3699. A bill to provide for the sale, ac- Mr. CONYERS, Mr. EVANS, Mr. PRICE housing units which are sold or exchanged; quisition, conveyance, and exchange of cer- of North Carolina, Mr. STRICKLAND, to the Committee on Ways and Means. tain real property in the District of Colum- Mr. MORAN of Virginia, Mr. FARR, By Mr. RAMSTAD: bia to facilitate the utilization, develop- Mrs. TAUSCHER, Mrs. DAVIS of Cali- H.R. 3716. A bill to amend the Internal Rev- ment, and redevelopment of such property, fornia, Mr. MARKEY, and Mr. DAVIS of enue Code of 1986 to clarify the mortgage and for other purposes; to the Committee on Florida): subsidy bond benefits for residences located Government Reform, and in addition to the H.R. 3706. A bill to establish a National in disaster areas; to the Committee on Ways Committee on Resources, for a period to be Independent Inquiry Commission on Disaster and Means. subsequently determined by the Speaker, in Preparedness and Response; to the Com- By Mr. REICHERT (for himself, Mr. each case for consideration of such provi- mittee on Transportation and Infrastruc- GARY G. MILLER of California, Mr. sions as fall within the jurisdiction of the ture. MATHESON, Mr. DANIEL E. LUNGREN of committee concerned. By Mr. HINCHEY: California, and Mrs. KELLY): By Mr. TANCREDO: H.R. 3707. A bill to provide the President H.R. 3717. A bill to provide construction H.R. 3700. A bill to reform immigration to with authority to temporarily freeze the contractors with qualified immunity from li- serve the national interest; to the Com- price of gasoline and other refined products; ability for negligence when providing serv- mittee on the Judiciary. to the Committee on Energy and Commerce. ices or equipment on a volunteer basis in re- By Mr. ANDREWS (for himself, Mr. By Ms. EDDIE BERNICE JOHNSON of sponse to a declared emergency or disaster; LEWIS of Georgia, Mr. HOLT, Mr. Texas: to the Committee on the Judiciary. PALLONE, Mr. PAYNE, and Mr. H.R. 3708. A bill to dedicate 10 percent of By Mr. ROSS: PASCRELL): Hurricane Katrina disaster relief funds for H.R. 3718. A bill to amend the Energy Pol- H.R. 3701. A bill to assure that the Amer- mental health services to victims and first icy Act of 2005 to require the Federal Trade ican people have large areas of land in responders; to the Committee on Energy and Commission to submit to Congress a report healthy natural condition throughout the Commerce, and in addition to the Committee on gasoline prices by November 8, 2005; to country to provide wildland recreational op- on Transportation and Infrastructure, for a the Committee on Energy and Commerce. portunities for people, provide habitat pro- period to be subsequently determined by the By Mr. RYAN of Ohio (for himself and tection for native wildlife and natural plant Speaker, in each case for consideration of Mr. MEEK of Florida): communities, and to contribute to a preser- such provisions as fall within the jurisdic- H.R. 3719. A bill to amend the vation of water for use by downstream met- tion of the committee concerned. Servicemembers Civil Relief Act to require ropolitan communities and other users, By Mr. KLINE: that the Department of Defense notify the through the establishment of a National For- H.R. 3709. A bill to amend title 10, United creditors of persons in military service and est Ecosystem Protection Program com- States Code, to remove the Peace Corps as persons entering military service, and for posed of lands within existing wilderness an option for service under the National Call other purposes; to the Committee on Vet- areas and adjacent primitive areas, and for to Service military recruitment program; to erans’ Affairs. other purposes; to the Committee on Agri- the Committee on Armed Services. By Mr. SHERMAN: culture, and in addition to the Committee on By Mr. MARKEY: H.R. 3720. A bill to amend the Federal Re- Resources, for a period to be subsequently H.R. 3710. A bill to require the Secretary of serve Act to permit members of the Board of determined by the Speaker, in each case for the Interior to suspend Federal oil and gas Governors of the Federal Reserve System to consideration of such provisions as fall with- royalty relief for production of oil and nat- be appointed to more than 1 term of office; in the jurisdiction of the committee con- ural gas occurring in any period with respect to the Committee on Financial Services. cerned. to which average oil and natural gas prices By Mr. SHERWOOD (for himself and By Mr. BERRY: exceed certain amounts, and for other pur- Mr. KANJORSKI): H.R. 3702. A bill to provide emergency as- poses; to the Committee on Resources, and H.R. 3721. A bill to amend the Omnibus sistance to agricultural producers who have in addition to the Committees on Transpor- Parks and Public Lands Management Act of suffered losses as a result of drought, Hurri- tation and Infrastructure, Energy and Com- 1996 to allow certain commercial vehicles to cane Katrina, and other natural disasters oc- merce, and Education and the Workforce, for continue to use Route 209 within Delaware curring during 2005, and for other purposes; a period to be subsequently determined by Water Gap National Recreation Area and to to the Committee on Agriculture. the Speaker, in each case for consideration allow the National Park Service to continue By Ms. GINNY BROWN-WAITE of Flor- of such provisions as fall within the jurisdic- to collect fees from those vehicles, and for ida (for herself, Mr. BOYD, Mr. MICA, tion of the committee concerned. other purposes; to the Committee on Re- Mr. BILIRAKIS, Mr. SHAW, Mr. WELDON By Mr. MCDERMOTT: sources. of Florida, Mr. FOLEY, Mr. DAVIS of H.R. 3711. A bill to ensure that foster chil- By Ms. SLAUGHTER: Florida, Ms. ROS-LEHTINEN, Mr. PUT- dren affected or displaced by Hurricane H.R. 3722. A bill to authorize and require NAM, Mr. FEENEY, Mr. KELLER, Mr. Katrina receive the critical assistance they the President of the United States to allo- STEARNS, Mr. MILLER of Florida, Mr. need and deserve; to the Committee on Ways cate crude oil, residual fuel oil, and refined MACK, Mr. MARIO DIAZ-BALART of and Means. petroleum products to deal with existing or Florida, Ms. CORRINE BROWN of Flor- By Mr. MCDERMOTT: imminent shortages and dislocations in the ida, Ms. HARRIS, Mr. WEXLER, Mr. H.R. 3712. A bill to establish a program for national distribution system, which jeop- LINCOLN DIAZ-BALART of Florida, Mr. gas stamps and to impose a windfall profits ardize the national economy, and public

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L08SE7.100 H08SEPT1 H7814 CONGRESSIONAL RECORD — HOUSE September 8, 2005

health, safety, and welfare; to the Com- the Speaker, in each case for consideration H.R. 1264: Mr. ROTHMAN, Mr. MOLLOHAN, mittee on Energy and Commerce. of such provisions as fall within the jurisdic- Ms. JACKSON-LEE of Texas, Mr. DOGGETT, Mr. By Ms. WASSERMAN SCHULTZ (for tion of the committee concerned. HOYER, Mr. BROWN of Ohio, Mr. MCDERMOTT, herself, Mr. MARIO DIAZ-BALART of By Mr. TANCREDO: Mr. LARSON of Connecticut, Mr. PLATTS, Mr. Florida, Ms. CORRINE BROWN of Flor- H. Res. 435. A resolution establishment of a PETERSON of Minnesota, and Mr. JEFFERSON. ida, Mr. MICA, Mr. MEEK of Florida, select committee to investigate and oversee H.R. 1366: Mr. ABERCROMBIE. Mr. SHAW, Mr. WEXLER, Mr. HASTINGS the awarding and execution of contracts for H.R. 1390: Ms. MOORE of Wisconsin. of Florida, Mr. LINCOLN DIAZ-BALART relief and reconstruction activities in areas H.R. 1402: Mr. SHERMAN. of Florida, Ms. ROS-LEHTINEN, Mr. affected by hurricane Katrina; to the Com- H.R. 1409: Ms. MCKINNEY, Mr. DAVIS of DAVIS of Florida, Mr. MILLER of Flor- mittee on Rules. Florida, Mrs. TAUSCHER, Mr. TERRY, Mr. ida, Ms. GINNY BROWN-WAITE of Flor- f GERLACH, Mr. NADLER, and Mr. PALLONE. ida, Mr. KELLER, Ms. HARRIS, Mr. H.R. 1426: Mr. GEORGE MILLER of Cali- MACK, Mr. FOLEY, Mr. FEENEY, Mr. ADDITIONAL SPONSORS fornia, Mr. FARR, and Mr. NEAL of Massachu- BILIRAKIS, Mr. CRENSHAW, Mr. PUT- Under clause 7 of rule XII, sponsors setts. H.R. 1440: Mr. ANDREWS. NAM, Mr. BOYD, Mr. STEARNS, Mr. were added to public bills and resolu- YOUNG of Florida, and Mr. WELDON of H.R. 1446: Mr. BAIRD. Florida): tions as follows: H.R. 1447: Mr. HONDA. H.R. 3723. A bill to require the Director of H.R. 98: Mrs. CAPITO. H.R. 1493: Mr. GRAVES. the Federal Emergency Management Agency H.R. 110: Mr. SAXTON. H.R. 1518: Mr. DAVIS of Illinois and Mr. to provide certain individuals or households H.R. 156: Mr. SPRATT and Mr. TERRY. MCCAUL of Texas. affected by Hurricane Katrina in Miami- H.R. 282: Mr. STUPAK, Mr. FORTENBERRY, H.R. 1548: Mr. BONILLA, Mr. HALL, Mrs. Dade and Broward Counties, Florida, with fi- and Mr. WALDEN of Oregon. EMERSON, Mr. AKIN, and Mr. GILLMOR. nancial assistance and direct services under H.R. 284: Mr. ROTHMAN, Mr. SIMMONS, and H.R. 1549: Mr. HAYES, Mr. DAVIS of Florida, the Robert T. Stafford Disaster and Emer- Mr. MARSHALL. Mr. TURNER, Mr. BARTLETT of Maryland, Mr. gency Assistance Act; to the Committee on H.R. 303: Mr. KING of Iowa. ROTHMAN, Mr. HONDA, Mr. PORTER, Mr. SHAD- Transportation and Infrastructure. H.R. 363: Mr. SCHIFF. EGG, and Mr. MCINTYRE. By Mr. WICKER: H.R. 478: Mrs. CHRISTENSEN, Mr. MEEKS of H.R. 1591: Mr. CAMP. H.R. 3724. A bill to waive the individual New York, Mr. GEORGE MILLER of California, H.R. 1592: Ms. SLAUGHTER and Mr. CAMP. and corporate income limitations for chari- Ms. WATSON, and Mr. PALLONE. H.R. 1607: Mr. HOEKSTRA, Mr. LINDER, Mr. table contributions for the relief of victims H.R. 517: Mr. GOODE and Mr. GOHMERT. CANTOR, and Mr. BEAUPREZ. of Hurricane Katrina; to the Committee on H.R. 551: Mr. LEWIS of Georgia, Mr. OLVER, H.R. 1608: Mr. ROSS. Ways and Means. Mr. DAVIS of Florida, and Mr. RANGEL. H.R. 1634: Mr. ROTHMAN, Mr. MCCOTTER, By Mr. CHABOT (for himself, Mr. H.R. 552: Ms. HART. Mr. EHLERS, and Mr. JEFFERSON. WEXLER, Mr. BROWN of Ohio, and Mr. H.R. 562: Mr. RANGEL and Mr. LANTOS. H.R. 1648: Ms. MCCOLLUM of Minnesota. ROHRABACHER): H.R. 582: Mr. KUHL of New York and Mr. H.R. 1652: Mr. PASCRELL. H. Con. Res. 237. Concurrent resolution ex- MCNULTY. H.R. 1664: Mr. JENKINS. pressing the sense of Congress welcoming H.R. 583: Ms. PRYCE of Ohio, Mr. RAMSTAD, H.R. 1678: Mr. FORTENBERRY. President Chen Shui-bian of Taiwan to the Ms. MOORE of Wisconsin, Ms. EDDIE BERNICE H.R. 1696: Mr. SCHWARZ of Michigan. United States on September 20, 2005; to the JOHNSON of Texas, Mr. ENGLISH of Pennsyl- H.R. 1707: Mr. INSLEE. Committee on International Relations. vania, Mrs. CAPITO, and Mr. PETERSON of H.R. 1789: Mr. WYNN and Mr. JEFFERSON. By Ms. MILLENDER-MCDONALD (for Pennsylvania. H.R. 1806: Mr. PAYNE, Mr. MCDERMOTT, Ms. herself, Mr. LANTOS, Mr. RANGEL, Ms. H.R. 588: Mr. TANCREDO. WATSON, Mr. MCNULTY, and Mr. CONYERS. WATSON, Mr. FILNER, Ms. JACKSON- H.R. 594: Mr. BOUCHER. H.R. 1898: Ms. FOXX. LEE of Texas, Mr. FALEOMAVAEGA, H.R. 669: Mr. REHBERG. H.R. 1989: Mr. SMITH of Washington. Mr. MEEHAN, Mr. EVANS, Mr. VAN H.R. 699: Mr. GILLMOR and Mr. PETERSON of H.R. 2012: Mr. KENNEDY of Minnesota. HOLLEN, and Mr. MCNULTY): Minnesota. H.R. 2014: Mr. RAMSTAD, Mr. MICHAUD, and H. Con. Res. 238. Concurrent resolution H.R. 769: Ms. LINDA T. SA´ NCHEZ of Cali- Mr. PETERSON of Minnesota. honoring the victims of the Cambodian geno- fornia. H.R. 2037: Mr. BARROW. cide that took place from April 1975 to Janu- H.R. 772: Mr. KOLBE. H.R. 2089: Mrs. NORTHUP. ary 1979; to the Committee on International H.R. 780: Mr. UDALL of Colorado. H.R. 2103: Mr. TIAHRT. Relations. H.R. 822: Ms. MOORE of Wisconsin and Ms. H.R. 2121: Mr. RYUN of Kansas, Mr. GRAVES, By Ms. MILLENDER-MCDONALD: MCKINNEY. Mr. SKELTON, and Ms. ZOE LOFGREN of Cali- H. Con. Res. 239. Concurrent resolution rec- H.R. 881: Mr. GONZALEZ and Mr. RYAN of fornia. ognizing the need for judges who hear causes Wisconsin. H.R. 2133: Mr. TIERNEY. of action brought by teenage victims of dat- H.R. 896: Mr. WALSH and Mr. HOLT. H.R. 2193: Mr. TIERNEY. ing violence to be educated as to the specific H.R. 899: Mr. HONDA. H.R. 2230: Mr. BISHOP of New York. needs of such victims; to the Committee on H.R. 908: Ms. NORTON. H.R. 2231: Mr. FRANK of Massachusetts and the Judiciary. H.R. 910: Mr. TOWNS, Mr. SANDERS, Mr. Mr. ABERCROMBIE. By Mr. LEACH: GENE GREEN of Texas, Mr. LANTOS, Ms. H.R. 2238: Mr. OSBORNE. H. Res. 432. A resolution creating a select WOOLSEY, Ms. BALDWIN, and Ms. ESHOO. H.R. 2356: Mr. CARTER, Mr. BONNER, Ms. committee to investigate the awarding and H.R. 944: Mr. COOPER. MCCOLLUM of Minnesota, Mr. KUHL of New carrying out of contracts to rebuild commu- H.R. 949: Mr. CUMMINGS and Ms. KILPATRICK York, Mr. HONDA, Mr. BRADLEY of New nities devastated by Hurricane Katrina; to of Michigan. Hampshire, Mr. BACA, Mr. KING of Iowa, Mr. the Committee on Rules. H.R. 987: Mr. SIMMONS, Mr. MCCOTTER, and ENGLISH of Pennsylvania, Mr. PETERSON of By Mr. MICHAUD: Ms. ZOE LOFGREN of California. Minnesota, and Mr. HOLDEN. H. Res. 433. A resolution expressing the H.R. 994: Mr. RUSH, Mr. GALLEGLY, Mr. H.R. 2357: Mr. PETERSON of Pennsylvania. sense of the House of Representatives that KINGSTON, Mr. CALVERT, Mr. DAVIS of Ten- H.R. 2533: Mr. SCHIFF, Mr. ALLEN, and Mr. there should be parity among the countries nessee, Mr. RYAN of Wisconsin, Mr. DAVIS of UDALL of New Mexico. that are parties to the North American Free Florida, Mr. MARSHALL, Mr. FRANK of Massa- H.R. 2662: Mr. BISHOP of New York. Trade Agreement with respect to the per- chusetts, Mr. BEAUPREZ, Mr. BOUCHER, and H.R. 2669: Mr. LANGEVIN, Mr. ENGEL, Ms. sonal exemption allowance for merchandise Mr. LANTOS. LEE, Mr. SHAYS, Mr. ROTHMAN, Mr. VAN purchased abroad by returning residents, and H.R. 997: Mr. HULSHOF. HOLLEN, Ms. ESHOO, Mr. MCNULTY, Ms. for other purposes; to the Committee on H.R. 998: Mr. LAHOOD. MCCOLLUM of Minnesota, Mrs. CAPPS, Mr. Ways and Means. H.R. 1059: Ms. VELA´ ZQUEZ. MENENDEZ, and Mr. STARK. By Mr. MORAN of Virginia (for him- H.R. 1083: Mr. KUHL of New York. H.R. 2679: Mr. GOODE. self, Mr. TOM DAVIS of Virginia, Mr. H.R. 1100: Mr. HERGER. H.R. 2694: Mr. PETERSON of Minnesota, Mr. NADLER, Mr. VAN HOLLEN, Mrs. H.R. 1103: Ms. MOORE of Wisconsin. FRANK of Massachusetts, Mrs. LOWEY, and MALONEY, Mr. BOUCHER, Mr. MENEN- H.R. 1106: Mr. BISHOP of New York. Mr. ORTIZ. DEZ, Mr. WOLF, Mr. MURTHA, and Ms. H.R. 1119: Mr. REHBERG. H.R. 2721: Mr. MICHAUD. NORTON): H.R. 1124: Mr. BERMAN and Mr. MARKEY. H.R. 2792: Mr. FARR. H. Res. 434. A resolution recognizing the H.R. 1125: Mr. ROTHMAN and Mr. CUMMINGS. H.R. 2835: Mr. SCHIFF. importance of establishing a national memo- H.R. 1157: Mr. ANDREWS. H.R. 2872: Mr. PALLONE, Mr. CROWLEY, Mr. rial at the Pentagon Reservation to com- H.R. 1182: Mr. GRIJALVA. SIMPSON, Mr. CHANDLER, Mr. HULSHOF, Mrs. memorate and mourn the terrorist attack H.R. 1204: Mr. KIND and Mr. OWENS. MALONEY, and Mr. PAYNE. against the Pentagon on September 11, 2001; H.R. 1219: Mr. ISSA. H.R. 2963: Mr. CLEAVER and Ms. GINNY to the Committee on Armed Services, and in H.R. 1245: Mr. SOUDER, Mr. HIGGINS, Ms. BROWN-WAITE of Florida. addition to the Committee on Resources, for MCKINNEY, Mr. PASCRELL, and Mr. H.R. 2971: Mr. CAMP, Mrs. BLACKBURN, and a period to be subsequently determined by RUPPERSBERGER. Mr. MCCOTTER.

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L08SE7.100 H08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — HOUSE H7815

H.R. 3046: Mr. JEFFERSON. NORWOOD, Mr. REHBERG, Mr. ROGERS of H. Con. Res. 90: Mr. GENE GREEN of Texas, H.R. 3064: Mr. CONYERS and Ms. McKinney. Michigan, Mr. RYAN of Wisconsin, Mr. SHU- Mr. STUPAK, Ms. MOORE of Wisconsin, Ms. H.R. 3080: Mr. WELDON of Florida, Mrs. STER, and Mr. TIAHRT. HARRIS, Mr. MEEKS of New York, and Mr. BLACKBURN, and Mr. ADERHOLT. H.R. 3407: Mr. VISCLOSKY and Mr. JEFFER- LARSEN of Washington. H.R. 3095: Mr. BURGESS and Mr. ISSA. SON. H. Con. Res. 210: Ms. WASSERMAN SCHULTZ, H.R. 3096: Mr. JEFFERSON. H.R. 3420: Mr. CLAY and Ms. KAPTUR. Mrs. LOWEY, Mr. SMITH of Washington, Mr. H.R. 3098: Mrs. EMERSON, Mr. WATT, Mr. H.R. 3438: Ms. MCKINNEY and Mr. OWENS. MCINTYRE, Mr. WEXLER, Mr. HOLT, Mr. FATTAH, Ms. SCHWARTZ of Pennsylvania, Mr. H.R. 3478: Mr. TANCREDO and Mr. BURTON of HONDA, Mr. NORWOOD, Mr. CUMMINGS, Mr. HAYWORTH, Mr. BUTTERFIELD, Mr. CRENSHAW, Indiana. SHERMAN, Mr. WYNN, Mr. RUPPERSBERGER, Mr. CUMMINGS, Mr. ALLEN, and Mr. PENCE. H.R. 3479: Mr. PRICE of North Carolina. Mrs. MALONEY, Mr. CARDIN, Mr. DUNCAN, Mr. H.R. 3132: Mr. HASTINGS of Washington, Ms. H.R. 3548: Mr. TOWNS. VAN HOLLEN, Mr. MCNULTY, Mr. GRIJALVA, ZOE LOFGREN of California, Mr. CALVERT, Mr. H.R. 3559: Mr. MOLLOHAN, Mrs. EMERSON, Mr. SAXTON, Mr. BISHOP of Georgia, Mr. COO- SMITH of Washington, and Mr. SESSIONS. Mr. MCHUGH, Mr. GILLMOR, Mr. FRANK of PER, Mr. JEFFERSON, Mr. JONES of North H.R. 3135: Mr. SESSIONS, Mr. SHUSTER, Mr. Massachusetts, Mr. NUSSLE, Mr. PRICE of Carolina, Ms. LEE, Mr. WELDON of Pennsyl- KUHL of New York, and Mr. SWEENEY. North Carolina, Mr. BRADLEY of New Hamp- vania, Mr. LAHOOD, Ms. GINNY BROWN-WAITE H.R. 3137: Ms. HARRIS, Mr. BILIRAKIS, Mr. shire, Mr. MICHAUD, Mr. OLVER, Mr. TIBERI, of Florida, Mr. LEACH, Mrs. WILSON of New BEAUPREZ, and Mr. SHUSTER. Mr. ROSS, and Mr. LATHAM. Mexico, Mr. PALLONE, and Ms. HERSETH. H.R. 3139: Mr. BAIRD, Mr. NADLER, and Mr. H.R. 3560: Mr. WAXMAN. H. Con. Res. 219: Mr. TANCREDO and Mr. JEFFERSON. H.R. 3561: Mr. GONZALEZ, Mr. LANTOS, Ms. SIMMONS. H.R. 3142: Mr. PRICE of North Carolina and MCCOLLUM of Minnesota, Ms. ROYBAL-AL- H. Con. Res. 222: Mr. OBERSTAR and Mr. Ms. DELAURO. LARD, Mr. CONYERS, and Mr. ORTIZ. PLATTS. H.R. 3150: Ms. HART. H.R. 3568: Mr. CARDOZA. H. Con. Res. 231: Mr. ROSS, Mr. DOGGETT, H.R. 3165: Mr. EVANS and Mr. JEFFERSON. H.R. 3574: Mr. ENGLISH of Pennsylvania. Mr. GRIJALVA, Mr. BOREN, Mr. MARSHALL, H.R. 3174: Mr. MCGOVERN. H.R. 3601: Ms. KILPATRICK of Michigan. Ms. HARRIS, and Mr. JEFFERSON. H.R. 3186: Mr. CONYERS, Mr. MORAN of Kan- H.R. 3639: Mr. DOYLE, Mr. SHERMAN, and H. Con. Res. 234: Mr. LEWIS of Georgia, Ms. sas, and Mr. SCHWARZ of Michigan. Mr. MILLER of North Carolina. MCCOLLUM of Minnesota, Mr. BROWN of Ohio, H.R. 3248: Mr. PLATTS, Mrs. CAPPS, Mr. H.R. 3656: Mrs. JONES of Ohio, Mr. Mr. HONDA, Mr. CONYERS, and Ms. CORRINE WALDEN of Oregon, Mr. SCHWARZ of Michi- SERRANO, Mr. EVANS, Mr. PETERSON of Min- BROWN of Florida. gan, Ms. BERKLEY, and Ms. SLAUGHTER. nesota, and Mr. ALLEN. H. Res. 78: Mr. VISCLOSKY. H.R. 3267: Mrs. DAVIS of California, Ms. H.R. 3659: Mr. WEINER, Mr. FILNER, and Mr. H. Res. 116: Mr. LANGEVIN. DELAURO, Mr. MEEKS of New York, Mr. COSTELLO. H. Res. 247: Ms. NORTON and Mr. TOWNS. BROWN of Ohio, Ms. ZOE LOFGREN of Cali- H.R. 3662: Mrs. MALONEY, Mr. STRICKLAND, H. Res. 323: Mr. MOLLOHAN, Ms. WASSERMAN fornia, and Mr. ANDREWS. Mr. GUTIERREZ, and Ms. SCHAKOWSKY. SCHULTZ, Mrs. NORTHUP, Mr. LEVIN, Mr. H.R. 3268: Mrs. DRAKE. H.R. 3665: Mr. FALEOMAVAEGA. BROWN of Ohio, Mr. PLATTS, Mr. CRAMER, Mr. H.R. 3307: Mr. MCDERMOTT, Mr. REYES, Mr. H.R. 3668: Mr. OWENS, Mrs. MCCARTHY, Mr. REYNOLDS, and Mr. PASCRELL. HONDA, Mr. FILNER, and Mr. FRANK of Massa- GEORGE MILLER of California, Mr. KILDEE, H. Res. 375: Ms. MCCOLLUM of Minnesota chusetts. and Ms. JACKSON-LEE of Texas. and Mr. ABERCROMBIE. H.R. 3317: Mr. TERRY. H.R. 3671: Mr. REYES, Mr. HINOJOSA, Mr. H. Res. 388: Mr. KENNEDY of Minnesota, Mr. H.R. 3334: Mr. LEWIS of Georgia, Mrs. DAVIS POE, Mr. CULBERSON, Mr. MCCAUL of Texas, TERRY, Mr. DREIER, Mr. KINGSTON, Mr. BAR- of California, Mrs. TAUSCHER, Ms. Mr. DOGGETT, Ms. EDDIE BERNICE JOHNSON of RETT of South Carolina, Mr. LANTOS, and Ms. MILLENDER-MCDONALD, Mr. SERRANO, and Texas, Mr. ORTIZ, Mr. CUELLAR, Mr. BERKLEY. Mrs. MCCARTHY. SALAZAR, Mr. AL GREEN of Texas, Mr. HOLT, H. Res. 409: Mr. MCCOTTER. H.R. 3358: Mr. COBLE, Mr. FILNER, Mr. and Ms. SOLIS. MICA, and Mr. SIMMONS. H.R. 3672: Mr. ALEXANDER, Mr. BOUSTANY, f H.R. 3361: Mr. BISHOP of New York. Mr. HERGER, Mr. SHAW, Mrs. JOHNSON of Con- H.R. 3369: Mr. PASCRELL. necticut, Mr. WICKER, Mrs. JONES of Ohio, H.R. 3373: Ms. MOORE of Wisconsin, Mr. Ms. JACKSON-LEE of Texas, and Ms. WATERS. DELETIONS OF SPONSORS FROM SESSIONS, Mr. RANGEL, Mr. PETERSON of H.R. 3681: Mr. HIGGINS, Ms. HARMAN, Mr. PUBLIC BILLS AND RESOLUTIONS Pennsylvania, Mr. DAVIS of Illinois, Mr. BERMAN, Mr. PALLONE, Mr. STARK, Mr. Under clause 7 of rule XII, sponsors BACHUS, Mr. OTTER, Mr. MCGOVERN, Mr. LANGEVIN, and Mr. ROTHMAN. were deleted from public bills and reso- MARKEY, Mr. PETERSON of Minnesota, Mr. H.R. 3685: Mrs. JONES of Ohio and Mr. lutions as follows: OWENS, Mr. ROGERS of Kentucky, Mr. MACK. OSBORNE, Mr. MILLER of North Carolina, Mr. H.R. 3690: Ms. DELAURO, Mr. OWENS, Mr. H.R. 881: Mr. PITTS. WELDON of Florida, Mr. ALLEN, Mr. HALL, INSLEE, Mr. GENE GREEN of Texas, Mr. Mr. GONZALEZ, Mr. BEAUPREZ, and Ms. JACK- ISRAEL, Mr. AL GREEN of Texas, Mr. GON- f SON-LEE of Texas. ZALEZ, Ms. WOOLSEY, Mr. EMANUEL, Ms. WAT- H.R. 3405: Mr. JENKINS, Mr. STUPAK, Mr. SON, Mr. ROTHMAN, Mr. WEINER, Mr. FARR, DISCHARGE PETITIONS— HOLDEN, Mr. ETHERIDGE, Mr. BOSWELL, Ms. and Mr. CAPUANO. ADDITIONS OR DELETIONS ROS-LEHTINEN, Mr. HAYWORTH, Mr. RANGEL, H.J. Res. 60: Mr. WELDON of Florida and The following Members added their Mr. FORD, Mr. BURTON of Indiana, Mr. CAN- Mr. GOODE. TOR, Mr. COBLE, Mr. COLE of Oklahoma, Mr. H.J. Res. 61: Mr. YOUNG of Florida, Mr. names to the following discharge peti- DEAL of Georgia, Mr. MARIO DIAZ-BALART of WOLF, Mr. SHIMKUS, Mr. FILNER, Mr. tions. Florida, Mr. FORBES, Mr. HENSARLING, Mr. GALLEGLY, Mr. BOUSTANY, and Mr. MATHE- Petition 2 by Mr. MARSHALL on House SAM JOHNSON of Texas, Mr. MCCRERY, Mr. SON. Resolution 270: Adam Smith.

VerDate Aug 18 2005 02:34 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.054 H08SEPT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, SEPTEMBER 8, 2005 No. 111 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, family and friends and neighbors. We called to order by the Honorable JOHN PRESIDENT PRO TEMPORE, wish them well. E. SUNUNU, a Senator from the State of Washington, DC, September 8, 2005. I know there are no words that can New Hampshire. To the Senate: provide the needed comfort. I believe Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby there must be an extensive examina- PRAYER appoint the Honorable JOHN E. SUNUNU, a tion of what went wrong with the Gov- The Chaplain, Dr. Barry C. Black, of- Senator from the State of New Hampshire, ernment’s response to this natural dis- fered the following prayer: to perform the duties of the Chair. aster. Let us pray. TED STEVENS, As hundreds of thousands of Ameri- Eternal spirit, source of all wisdom, President pro tempore. cans look toward rebuilding their lives, as Senators strive to make critical de- Mr. SUNUNU thereupon assumed the our first priority must be to ensure cisions, guide their hearts and minds. Chair as Acting President pro tempore. that all possible Federal resources are Give them such courage of conviction f at their disposal. However, it is that they will ignore the siren calls to Congress’s job to get to the bottom of deviate from right. Help them to walk RECOGNITION OF THE MINORITY what went wrong and to do whatever is along ethical paths, even when they LEADER necessary to ensure that it never hap- are demonized by insiders and out- The ACTING PRESIDENT pro tem- pens again. I join those who say we siders. pore. The Democratic leader is recog- must not engage in a blame game but, Deliver them from those who impugn nized. rather, we must come together to un- their motives and misrepresent their Mr. REID. Mr. President, is the dis- dertake responsible oversight. intentions. Remind them that You are tinguished Senator from Hawaii here I say this from an interesting van- the only constituent who ultimately ready to give a speech? tage point because throughout the de- matters, and that pleasing You must Mr. AKAKA. Yes. bate over the creation of the Depart- be their first priority. May they trust Mr. REID. Mr. President, I yield to ment of Homeland Security in 2002, I You to open doors that no one can shut him and reserve my leader time. repeatedly expressed my strong con- and to shut doors that no one can open. cern that nonhomeland security func- f Help each of us to say no to every voice tions of the Federal Government would that invites us to leave Your way. RESERVATION OF LEADER TIME be diminished if included in the new Department. I said that eliminating Lord, empower us to hasten the day The ACTING PRESIDENT pro tem- the Federal Emergency Management when the knowledge of You will cover pore. Under the previous order, the Agency’s status as an independent the Earth as the waters cover the seas. leadership time is reserved. We pray in Your Holy Name. Amen. agency to join this proposed Depart- f ment could seriously affect FEMA’s f MORNING BUSINESS traditional role of responding to nat- PLEDGE OF ALLEGIANCE ural disasters. The ACTING PRESIDENT pro tem- At Under Secretary Michael Brown’s The Honorable JOHN E. SUNUNU led pore. Under the previous order, there confirmation hearing to be Deputy Di- the Pledge of Allegiance, as follows: will now be a period for the transaction rector of FEMA in June 2002, 5 months I pledge allegiance to the Flag of the of morning business for up to 60 min- before the Homeland Security Act United States of America, and to the Repub- utes, with the first half of the time to passed, I spoke about the perils of con- lic for which it stands, one nation under God, be controlled by the Democratic leader verting FEMA into a homeland secu- indivisible, with liberty and justice for all. or his designee and the second half of rity centric agency. At the time, I said: f the time to be controlled by the major- The President’s proposal for a new Depart- ity leader or his designee. ment of Homeland Security will include the APPOINTMENT OF ACTING The Senator from Hawaii. Federal Emergency Management Agency. A PRESIDENT PRO TEMPORE f key question is how will this new role for The PRESIDING OFFICER. The FEMA in homeland security affect its tradi- clerk will please read a communication TRADITIONAL ROLE OF FEMA tional mission? . . . Many of the agencies impacted by this to the Senate from the President pro Mr. AKAKA. Mr. President, my proposal, including FEMA, have a number of tempore (Mr. STEVENS). thoughts are with all of those from the core responsibilities unrelated to their The legislative clerk read the fol- Gulf Coast States affected by Hurri- homeland security missions. Most of what lowing letter: cane Katrina as they mourn the loss of FEMA does every day, and what Americans

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S9741

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9742 CONGRESSIONAL RECORD — SENATE September 8, 2005 expect from FEMA, does not fall under the seems that the nature of the position to attacks. However, there are those in the Ad- category of homeland security. which you have been nominated has changed ministration who have criticized mitigation Because of my strong belief that the dramatically. efforts and have questioned their cost and nonhomeland security functions of The President’s proposal for a new Depart- benefit. ment of Homeland Security will include Fed- FEMA’s pre-disaster mitigation program FEMA, the Coast Guard, and other eral Emergency Management Agency was eliminated in the President’s 2002 budget agencies that are now part of DHS (FEMA). A key question is how will this new because it was deemed ineffective by the Of- would be diminished when merged into role for FEMA in Homeland Security affect fice of Management and Budget. Congress this massive agency, I successfully of- its traditional mission? disagreed and saved the $25 million program fered an amendment to the Govern- There is already a Federal Response Plan only to see the Administration’s FY03 budg- mental Affairs Committee’s version of that does what the President says the new et proposal seek to eliminate FEMA’s post- the Homeland Security Act, cospon- Department will do, that is, ‘‘the Homeland disaster mitigation program, which was also Security Department will integrate the Fed- judged ineffective by OMB. sored by Senator CARPER, that required I believe that Mr. Brown and Director all nonhomeland security functions of eral interagency emergency response plans into a single comprehensive, government- Allbaugh appreciate the importance of dis- each of the 22 legacy agencies to be wide plan.’’ Since 1992, a Federal Response aster mitigation. Unfortunately, traditional identified, along with the resources Plan has managed the activities of 26 Fed- cost-benefit analysis is not appropriate for needed to preserve these functions. eral agencies and the Red Cross during all mitigation and prevention programs, and Unfortunately, the version of the bill phases of a disaster, including readiness, re- OMB has not given FEMA guidelines on what passed by Congress failed to include my sponse, recovery, and mitigation. In 1999, factors will be used in the future. amendment, which is one of the rea- FEMA published the second edition of the I am concerned that these same problems will haunt the new Homeland Security De- sons that I was one of eight Senators Federal Response Plan Terrorism Incident Annex. partment. What factors will OMB use to de- who voted against the creation of DHS. termine the effectiveness of different home- In a further effort to ensure con- When necessary, FEMA has made agreements with specific government agencies to land security programs? I hope Governor stancy of the nonhomeland security address terrorism. In January 2001, FEMA Ridge will shed some light on this when he functions of DHS, I introduced in April and the Department of Justice released an appears before us tomorrow. The Deputy Director will be responsible to 2003 legislation that would have re- Interagency Domestic Terrorism Concept of make sure that core functions are not ne- quired the Department to identify an- Operations Plan (CONPLAN). FEMA is cur- glected. Over the past decade, FEMA has re- nually the resources, personnel, and ca- rently working with the Catastrophic Dis- gained the confidence of local and state aster Response Group (CDRG), made up of pabilities devoted to nonhomeland se- emergency managers. Individuals and fami- representatives of all federal agencies, to up- curity functions. My measure would lies rely on FEMA when their lives are torn date the Federal Response Plan in light of have required DHS to include this in- apart by natural disasters. I believe con- the lessons learned from September 11th. formation in its annual performance fidence and trust are among America’s most These changes are to be integrated with the report, as well as required the Govern- important assets in our struggle to make our national strategy for homeland security, on communities safer and more secure. ment Accountability Office to evaluate which Governor Ridge has spent the past the Department’s performance of es- FEMA has these assets because of it em- eight months working. ployees. The Deputy Director also will be re- sential nonhomeland security missions. I hope the proposed department will build sponsible for ensuring that these dedicated When introducing my bill, S. 910, the on all the different plans and agreements al- federal workers have the resources, training, Nonhomeland Security Mission Per- ready in place. We do not need a brand new and support necessary to do their jobs. Like- formance Act of 2003, I said: coordination plan. What we need is better wise, FEMA’s core missions are too impor- The cost of creating a Department of communication and implementation of the tant to take the best and most experienced Homeland Security should not come at the plans we have. staff away from traditional disaster response expense of these essential missions. Agencies The President and his staff compare this and mitigation to fill new homeland security should strike the proper balance between reorganization to the creation of the Depart- activities. new homeland security responsibilities and ment of Defense after World War II. How- Mr. Brown, thank you again for your dedi- their critical nonhomeland security mis- ever, there are many differences. The De- cation and willingness to serve your Nation. sions. Enhancing traditional missions also partments of the Navy and the Army shared You have a tough road ahead. If we are to enhances domestic security which depends the primary mission of defending the United use the parallel between this reorganization on sound management strategies that ensure States. They were both military depart- and the creation of the Department of De- adequate resources and personnel. ments with similar cultures and manage- fense in 1947, we must remember that it took ment priorities. S. 910 was reported favorably by the years, even decades, to shape a truly inte- In contrast, many of the agencies impacted grated armed forces. Unfortunately, we do Governmental Affairs Committee but by this proposal, including FEMA, have a not have years to reshape how our country was, unfortunately, never considered number of core responsibilities unrelated to prepares for terrorism. by the full Senate. their homeland security missions. Most of We can, and should, pass legislation to cre- I stand before my colleagues today to what FEMA does every day, and what Ameri- ate a homeland security department. How- ask that we look at the disaster that cans expect from FEMA, does not fall under ever, we must remember that the issue is not has befallen the people of the gulf coast the description of homeland security. a new federal department, but what is most as a reminder that preventing ter- Homeland security is strengthened effective in protecting Americans. through developing assets that are built day- rorism is not the only business of the by-day and community-by-community. NON-HOMELAND SECURITY MISSION Department of Homeland Security. My These assets include well-trained firefighters PERFORMANCE ACT OF 2003, APRIL 11, 2003 colleagues and I must carefully reex- and law-enforcement officers, well-equipped Mr. President, I rise today to introduce amine whether critical nonhomeland medical personnel, and well-exercised emer- legislation to preserve important non-home- security missions have been com- gency response drills. land security missions in the Department of promised by their decisions in DHS. An example is when FEMA partnered with Homeland Security. I am pleased to be I ask unanimous consent that my local and state agencies to help residents on joined by the Senator from Delaware, Mr. statement from the Governmental Af- the Island of Hawaii in the wake of tropical Carper, and the Senator from New Jersey, fairs Committee hearing for Michael storms and flooding last year. It is the dedi- Mr. Lautenberg, in this effort to guarantee cated men and women who form the FEMA Brown’s confirmation to be Deputy Di- the fulfillment of non-homeland security family who continue to build on these rela- functions Americans rely on daily. rector of FEMA on June 19, 2002, and tionships and provide federal assistance to Many of these non-homeland security func- my statement on the introduction of S. those most in need. Just this year, FEMA as- tions are especially important to the state of 910, the Nonhomeland Security Mission sisted flood victims in West Virginia, Ken- Hawaii. The Coast Guard provides essential Performance Act, on April 11, 2003, be tucky, and Illinois and is working with com- search and rescue, fisheries enforcement, and printed in the RECORD. munities devastated by wildfires in Colorado protection of our coastline. The Animal and There being no objection, the mate- and New Mexico. Plant Health Inspection Service protects the rial was ordered to be printed in the Every state in the Union, including Ha- state’s fragile ecosystem from invasive spe- waii, works with FEMA to include disaster cies. The Federal Emergency Management RECORD, as follows: mitigation when rebuilding after an event. Agency assists municipalities in reducing SENATE COMMITTEE ON GOVERNMENTAL Cities and counties across the country are the destructive effects of natural disasters, AFFAIRS working with FEMA to lessen the impact of such as floods, hurricanes, and tidal waves. NOMINATION HEARING FOR MICHAEL BROWN TO future natural disasters through mitigation To preserve these vital functions, the BE DEPUTY DIRECTOR OF FEMA, JUNE 19, 2002 programs. ‘‘Non-Homeland Security Mission Perform- I wish to welcome our nominee to the Com- These efforts are all-hazard and will help ance Act of 2003’’ would require the Depart- mittee. Since you and I met a month ago, it communities respond to floods and terrorist ment of Homeland Security to identify and

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9743 report to Congress on the resources, per- the Government’s response to Hurri- came the chief justice to the Nevada sonnel, and capabilities used to perform non- cane Katrina, but two things are very Supreme Court, and served there for homeland security functions, as well as the clear: The Federal Government’s re- more than two decades. Cliff Young management strategy needed to carry out these missions. sponse was unacceptable, and the vic- told me: Harry, when you come back to The measure would require the Depart- tims and all Americans deserve to Washington in the House of Represent- ment to include information on the perform- know why. atives, there are two things I want you ance of these functions in its annual per- Following 9/11, preparedness for na- to do. No. 1, use the gym. You need to formance report. Our legislation also calls tional emergencies was supposed to be keep your body strong. And No. 2, do for a General Accounting Office (GAO) eval- a priority for our Government. Ameri- not do anything to change the senior- uation of the performance of essential non- cans were made to believe that the ity system because in that large body homeland security missions. The establishment of the Department of Government was doing everything it of 435, stability is needed. The one Homeland Security created additional man- could to prepare for terrorist attacks, thing that gives that body stability is agement challenges and has fueled growing natural disasters, and national crises. seniority. concerns that the performance of core, non- Katrina makes it clear that we failed. That has been thrown out the win- homeland security functions will slip We must find out why, and we need to dow. Now the leadership in the House through the cracks. Just last week, the GAO do it soon, to make sure that devasta- on the committees wants whoever ap- testified before the House Committee on tion, such as caused by this hurricane, pears to be the nicest to the Speaker Transportation and Infrastructure that the never happens again, whether natural and to the majority leader. If they do Coast Guard has experienced a substantial decline in the amount of time spent on core disaster or act of terrorists. anything wrong, boy, they are booted missions. Moreover, GAO found that the When we faced a similar situation out. We have examples of that. They Coast Guard lacks the resources to reverse after 9/11, Democrats and Republicans would not even let CHRIS SMITH from this trend. Coast Guard Commandant Thom- came together and established an inde- New Jersey have a subcommittee be- as H. Collins is quoted as saying that his pendent blue ribbon commission. I am cause he did not vote the way they agency has more business than it has re- sad to see the Republicans now want a wanted him to on a number of issues. sources and is challenged like never before different approach. We don’t know the He is gone. That is not what we need to to do all that America wants it to do. details of their approach. I have been These same concerns extend to the entire be looking at after the disaster that Department of Homeland Security. The De- talked to on a couple of occasions very took place in the Gulf Coast. partment of Homeland Security’s Bureau of lightly about having either chairmen, What has been proposed is not bipar- Citizenship and Immigration services pro- ranking members, and a few members tisan. It is like a baseball player say- vides asylum for refugees and helps immi- from some of the committees to get to- ing, we have a great deal here. The grants become American citizens. The Cus- gether. It would be a joint task force of game is going to move more quickly toms Service protects and monitors foreign the House and the Senate. and I think it will turn out pretty well. trade so essential for a healthy American I have great confidence in the Senate I am going to do the pitching and I am economy. And the Secret Service protects committee structure. The chairmen also going to call the balls and strikes. and monitors against identity theft, counter- and the ranking members are where feiting, and other financial crimes. In fact, This is not the way we should do the General Accounting Office has added the they are based on the rules of the Sen- things. It may speed up the ball game, transformation of and implementation of the ate, something that is called seniority. but one does not get the results that Department to the GAO High Risk list, par- Democrats do it a little differently are fair. tially as the result of existing management than the Republicans, but it is still ba- We have a Republican President, a challenges to fulfill non-homeland security sically a seniority system. So that is Republican House, and a Republican missions. why I have confidence in the HELP Senate. We should not have the pitcher The cost of creating a Department of Committee, with MIKE ENZI from Wyo- calling the balls and strikes. The Presi- Homeland Security should not come at the expense of these essential missions. Agencies ming, a fair man, and TED KENNEDY, dent has already said he is going to should strike the proper balance between the ranking member, a fair man; also, lead an investigation of what went new homeland security responsibilities and Homeland Security with SUSAN COL- wrong. On its face, that is flawed. It is their critical non-homeland security mis- LINS and JOE LIEBERMAN. flawed to try to change what we are sions. Enhancing traditional missions also I could go through the whole com- doing in regular order. It is wrong. We enhances domestic security which depends mittee structure we have in the Sen- have a role for committees. We have a on sound management strategies that ensure ate. They do good work together, as in- committee structure in place to inves- adequate resources and personnel. dicated by what has been going on in I urge my colleagues to support the ‘‘Non- tigate. Homeland Security Mission Performance Act the Judiciary Committee with the rela- I have had somebody ask, well, why of 2003.’’ Our bill takes important steps to tionship developed with Senator SPEC- should Secretary Chertoff have to ap- ensure that Americans will not see a decline TER and Senator LEAHY. At a very dif- pear at a committee in the House and in non-homeland security services as a result ficult time in the history of our coun- then one in the Senate? of the creation of the Department of Home- try, with two Supreme Court vacan- That is the way we do things around land Security. cies, they are working their way here. That is what oversight is all Mr. President, I ask unanimous consent through this. I do not think it is the about. We have the ability to do things that the text of the bill be printed in the on a short-term basis under what we Record following this statement. time to invent something new. Yesterday, the Republicans unveiled call regular order, have Congress itself, Mr. AKAKA. Mr. President, I yield very briefly their proposal to inves- in its role in oversight, do what is done back my time. tigate the events of last week. They in the ordinary course. We have seen The ACTING PRESIDENT pro tem- called it a bipartisan commission. I do what happens when this administration pore. The Democratic leader. not have the details of this—there are investigates itself or any administra- f no details—but what little I do know tion investigates itself. It simply does ORDER OF PROCEDURE raises serious concerns about whether not work. Mr. REID. Mr. President, this has their proposal will provide Americans There are serious concerns about this been cleared with the majority. I ask the answers they deserve. so-called Republican approach. That is unanimous consent that Senator LAN- I went through how Senate leader- why Americans deserve answers inde- DRIEU be recognized at 11:30 a.m. today. ship is picked with the committees. pendent of politics. That is why Demo- The ACTING PRESIDENT pro tem- That is not how it works in the House crats and Republicans preferred an pore. Without objection, it is so or- anymore. I can remember being elected independent commission for inves- dered. to the House of Representatives and tigating 9/11. It took awhile before the f meeting a wonderful man by the name President signed on to it, but when he of Cliff Young, who served in the House finally did, we got great people such as GOVERNMENT’S RESPONSE TO a number of terms, a Republican Con- Hamilton and Kean. They did a won- HURRICANE KATRINA gressman from Nevada. After leaving derful job as the chairmen of this 9/11 Mr. REID. Mr. President, there are the House, he later served more than 20 Commission. They came up with facts many things we do not yet know about years in the Nevada State Senate, be- that have been supported. They spent a

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9744 CONGRESSIONAL RECORD — SENATE September 8, 2005 year with a staff that was adequate to only in the Federal Government would that we get the dollars there quickly in come up with what went wrong on 9/11. the spending of taxpayer money of $2 order to support these individuals who We are ultimately going to have an billion a day be called a burn rate, but are in such dire straits, and to try to independent bipartisan commission to the FEMA director has said they are assist this part of the country that has study what went wrong with the Gov- spending $2 billion a day. That is why been hit by this catastrophic event. ernment’s response to Katrina. There we have to have a second supplemental But in the process, I think it is im- is no question about that. So we should before this body in less than 2 weeks. portant that we have some fiscal over- move that along and get it done as I understand the need to move quick- sight that allows us to feel comfortable quickly as possible. In the meantime, ly, but I have been in this body all that the dollars that are being spent have the committees of jurisdiction in week. We could have come back last are going effectively, quickly, and ag- the House and the Senate do what they week. We have not had a single public gressively to relief efforts which are le- are obligated to do by virtue of their hearing on any of these matters, I am gitimate and appropriate. role in history. told, because the administration offi- Thus, I congratulate the House of I would hope that on this issue we cials will not appear in public before Representatives for putting in the sup- can move forward on a bipartisan basis. these committees to answer questions plemental and identifying within the If we use the model of the 9/11 Commis- before us and before the American peo- supplemental $15 million which will be sion, the majority still gets the edge ple. I find that to be unacceptable. assigned to the Inspector General’s Of- because with 9/11 what happened is the The administration has a responsi- fice to start to put in place the audit- President picked the chair. As it bility to come before us in public hearing process and the oversight process turned out, the Republicans had one ings and public sessions and present on how the money is being spent, more vote on the commission than did their testimony but then answer our which I believe is critical. the Democrats, but it worked out OK. questions. Give us a chance to ask and We have seen some issues which obvi- While that may not be perfect, it is for them to answer the questions that ously, if they are pursued logically, certainly more perfect than this very are on the minds of millions of Ameri- make sense. But if they are pursued in awkward presentation that has been cans these days. We have a right to a way that is not logical, they are made in the last 24 hours about this so- public hearings before we expend an- going to cost us a lot of money and called bipartisan commission. That is other $51.8 billion of public money. probably not get us a lot of relief. Orwellian. That is not bipartisan. The administration has that respon- For example, there was a report in The ACTING PRESIDENT pro tem- sibility, I believe, and I ask that the my State paper which said that all the pore. The Senator from Minnesota. distinguished majority leader of the dealerships who sell Winnebagos in f Senate insist in his discussions with New Hampshire have been contacted the administration—and I am quite and told to get ready to transfer their OPENNESS IS BEST POLICY confident that the Democratic leader entire inventory over to the Federal Mr. DAYTON. Mr. President, I echo and all of our caucus would support Government because they are going to some of the remarks the Democratic this—that these hearings and briefings ship it all out. Maybe that is what we leader made. I am about to leave this be in public settings before the Amer- will end up doing, but we hope before Chamber to go to a behind-closed-doors ican people and not behind closed we buy up all the Winnebagos in Amer- hearing of the Committee on Homeland doors. If we are going to work together ica and send them to the gulf coast, we Security and Governmental Affairs in a bipartisan way, let us do so. Let us would be thinking about the cost and with the acting director of operations begin that work now in public sessions. how we are going to approach that and for FEMA and the Commandant of the I challenge the administration officials whether that is the best way to pro- Coast Guard. I am told that the chair- to come before us in those settings. ceed. man of the committee, the distin- I yield the floor, and I suggest the ab- There are a lot of ideas floating out guished Senator from Maine, and the sence of a quorum. there. I think it is important we have ranking member from Connecticut The PRESIDING OFFICER (Mr. the structure in place that effectively tried to get this hearing in public but DEMINT). The clerk will call the roll. monitors cost and how the money is that the administration officials would The legislative clerk proceeded to being spent. So I congratulate the not appear in a public session. I think call the roll. House. the public deserves to and would ben- Mr. GREGG. Mr. President, I ask In addition, I think the President’s efit from hearing these people with key unanimous consent that the order for decision, along with the Vice Presi- roles in this recovery effort. the quorum call be dispensed with. dent, to have the Vice President phys- Similarly, on Tuesday evening, a ma- The PRESIDING OFFICER. Without ically going there and being on the jority of us in the Senate met with 10 objection, it is so ordered. ground in that region is a very positive members of the Cabinet, 10 Secre- Mr. GREGG. Mr. President, what is step in our efforts to get order in the taries—all of them had important the regular order? process of delivering relief. things to say—as well as the Chairman The PRESIDING OFFICER. There is Anybody who knows the Vice Presi- of the Joint Chiefs of Staff and the 14 minutes remaining in morning busi- dent—and I have had the good fortune head of the Coast Guard. That briefing ness under the control of the majority. to serve with him in the House and for- should have been in a public setting. f tunate to serve with him here while he There was not a single remark made by has been Vice President—will note that anyone that was not unclassified and EMERGENCY FUNDING he is a no-nonsense individual. He should not have been available to all of Mr. GREGG. Mr. President, we will looks at an issue, decides how to get the people of this country, certainly sometime later today be getting a sup- the best results for resolving the prob- those who are most beleaguered, who plemental request in the Senate to con- lem, and moves forward. He did that as are looking for answers to the ques- tinue to fund the needs of the relief ef- Defense Secretary. He has done it, ob- tions that the Democratic leader and fort in Louisiana, Mississippi, and Ala- viously, as Vice President. He will others on both sides of the aisle have bama, which will be approximately $50 bring immediate coherence, intel- raised. billion on top of the $10 billion that has ligence, and aggressive action in solv- We had a brief time for questions. We already been spent. Obviously, it is es- ing the problem and will move forward were not able to ask those questions of sential that we get these dollars down with the complexities of this recon- the administration officials in a public there and put them to use aggressively struction and relief effort. I think it is setting before the American people. in order to try to help the people who an excellent decision to have the Vice Yet the President is coming forth now are in such dire straits, and to try to President step into the middle of this with a second request for funding, $51.8 begin to bring some order and some re- effort and basically try to calm the billion on top of the $10.5 billion the lief to those who have suffered so waters, but more importantly execute Senate and the House passed last week. much. efficiently what is going on in the area These matters are moving swiftly. We As we proceed in this effort, we of the Federal relief effort. However, it are told by FEMA that the burn rate— should err on the side of making sure does lead to the point I made earlier—

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9745 and which I want to stress once again— MAKING APPROPRIATIONS FOR øDETENTION TRUSTEE which is that this is not an overnight, SCIENCE, THE DEPARTMENTS OF øFor necessary expenses of the Federal De- 2- or 3-month exercise. We all realize STATE, JUSTICE, AND COM- tention Trustee, $1,222,000,000, to remain that rebuilding this region is going to MERCE, AND RELATED AGEN- available until expended: Provided, That the take a significant amount of time and CIES FOR FISCAL YEAR 2006 Trustee shall be responsible for managing the Justice Prisoner and Alien Transpor- a tremendous amount of resources and The PRESIDING OFFICER. Under tation System and for overseeing housing re- a lot of thought and an intelligent the previous order, the Senate will pro- lated to such detention: Provided further, process. ceed to the consideration of H.R. 2862, That any unobligated balances available in We need to set up, I believe as we which the clerk will report by title. prior years from the funds appropriated move forward—obviously, not within The bill clerk read as follows: under the heading ‘‘Federal Prisoner Deten- the next few days but certainly within A bill (H.R. 2862) making appropriations tion’’ shall be transferred to and merged the next month—some type of struc- for Science, the Departments of State, Jus- with the appropriation under the heading ‘‘Detention Trustee’’ and shall be available tured commission along the lines I tice, and Commerce, and related agencies for the fiscal year ending September 30, 2006, and until expended. would suggest as was done after the for other purposes. øOFFICE OF INSPECTOR GENERAL horrific floods of 1926 when Herbert The Senate proceeded to consider the øFor necessary expenses of the Office of In- Hoover led the effort, where you basi- bill, which had been reported from the spector General, $66,801,000, including not to cally have a central focal point with an Committee on Appropriations, with an exceed $10,000 to meet unforeseen emer- individual of great ability and national amendment to strike all after enacting gencies of a confidential character. recognition leading the effort, and ba- clause and insert in lieu thereof the øUNITED STATES PAROLE COMMISSION sically manage the Federal dollars as following: øSALARIES AND EXPENSES they come in from all the various Fed- (Strike the part shown in black øFor necessary expenses of the United eral agencies that will be impacted, brackets and insert the part shown in States Parole Commission as authorized, and make sure those Federal dollars italic.) $11,200,000. are effectively, efficiently, and quickly H.R. 2862 øLEGAL ACTIVITIES brought to bear on the problems in Be it enacted by the Senate and House of Rep- øSALARIES AND EXPENSES, GENERAL LEGAL concert with the State and local gov- resentatives of the United States of America in ACTIVITIES ernments. Congress assembled, øFor expenses necessary for the legal ac- I believe that is going to take a sepa- øThat the following sums are appropriated, tivities of the Department of Justice, not rate type of entity to be created. I out of any money in the Treasury not other- otherwise provided for, including not to ex- wise appropriated, for the fiscal year ending ceed $20,000 for expenses of collecting evi- think we should be thinking about how September 30, 2006, and for other purposes, to structure that entity. I would cer- dence, to be expended under the direction of, namely: and to be accounted for solely under the certainly be looking to people such as øTITLE I—DEPARTMENT OF JUSTICE tificate of, the Attorney General; and rent of Senator COCHRAN, Senator LOTT, Sen- øGENERAL ADMINISTRATION private or Government-owned space in the ator SHELBY, Senator SESSIONS, and øSALARIES AND EXPENSES District of Columbia, $665,821,000, of which the Senators from Louisiana, Ms. LAN- øFor expenses necessary for the adminis- not to exceed $10,000,000 for litigation sup- DRIEU and Mr. VITTER, for ideas about tration of the Department of Justice, port contracts shall remain available until how we should set that up. We should $126,956,000 (reduced by $2,500,000), of which expended: Provided, That of the total amount be starting the process. not to exceed $3,317,000 is for the Facilities appropriated, not to exceed $1,000 shall be available to the United States National Cen- I wanted to come to the floor and Program 2000, to remain available until expended: Provided, That not to exceed 45 per- tral Bureau, INTERPOL, for official recep- say, as we move forward on this supple- manent positions and 46 full-time equivalent tion and representation expenses: Provided mental—obviously, it is totally outside workyears and $11,821,000 shall be expended further, That notwithstanding section 105 of of the budget. It is an emergency, and for the Department Leadership Program ex- this Act, upon a determination by the Attor- that is the way it should be done, but clusive of augmentation that occurred in ney General that emergent circumstances re- it is $50 billion—it is important that we these offices in fiscal year 2005: Provided fur- quire additional funding for litigation activi- retain this language—and I guess we ther, That not to exceed 28 permanent posi- ties of the Civil Division, the Attorney Gen- tions, 23 full-time equivalent workyears and eral may transfer such amounts to ‘‘Salaries will try to move this supplemental $3,980,000 shall be expended for the Office of and Expenses, General Legal Activities’’ through the Senate without amend- Legislative Affairs: Provided further, That from available appropriations for the current ment—retain this language which not to exceed 17 permanent positions, 22 full- fiscal year for the Department of Justice, as makes sure that the Inspector General time equivalent workyears and $2,764,000 may be necessary to respond to such cir- has the resources the office needs in shall be expended for the Office of Public Af- cumstances: Provided further, That any order to effectively monitor how these fairs: Provided further, That the latter two transfer pursuant to the previous proviso funds are managed; to make sure we aforementioned offices may utilize non-reim- shall be treated as a reprogramming under bursable details of career employees within are getting the best return in the most section 605 of this Act and shall not be avail- the caps described in the preceding two pro- able for obligation or expenditure except in prompt way for these tax dollars which visos. compliance with the procedures set forth in are in such dire need down there in øJUSTICE INFORMATION SHARING TECHNOLOGY that section. order to pursue the reconstruction and øFor necessary expenses for information øIn addition, for reimbursement of ex- relief effort. sharing technology, including planning, de- penses of the Department of Justice associ- I yield the floor. velopment, deployment and Departmental ated with processing cases under the Na- direction, $135,000,000, to remain available tional Childhood Vaccine Injury Act of 1986, I suggest the absence of a quorum. until expended. not to exceed $6,333,000, to be appropriated The PRESIDING OFFICER. The øNARROWBAND COMMUNICATIONS/INTEGRATED from the Vaccine Injury Compensation Trust clerk will call the roll. WIRELESS NETWORK Fund. The assistant legislative clerk pro- øFor the costs of conversion to narrowband øSALARIES AND EXPENSES, ANTITRUST DIVISION ceeded to call the roll. communications, including the cost for oper- øFor expenses necessary for the enforce- ation and maintenance of Land Mobile Radio Mr. COCHRAN. Mr. President, I ask ment of antitrust and kindred laws, legacy systems, $110,000,000 (reduced by $144,451,000, to remain available until ex- unanimous consent that the order for $39,126,000), to remain available until Sep- pended: Provided, That, notwithstanding any the quorum call be rescinded. tember 30, 2007: Provided, That the Attorney other provision of law, not to exceed The PRESIDING OFFICER. Without General shall transfer to the ‘‘Narrowband $116,000,000 of offsetting collections derived objection, it is so ordered. Communications’’ account all funds made from fees collected for premerger notifica- available to the Department of Justice for tion filings under the Hart-Scott-Rodino the purchase of portable and mobile radios: Antitrust Improvements Act of 1976 (15 f Provided further, That any transfer made U.S.C. 18a), regardless of the year of collec- under the preceding proviso shall be subject tion, shall be retained and used for necessary CONCLUSION OF MORNING to section 605 of this Act. expenses in this appropriation, and shall re- BUSINESS øADMINISTRATIVE REVIEW AND APPEALS main available until expended: Provided fur- øFor expenses necessary for the adminis- ther, That the sum herein appropriated from The PRESIDING OFFICER. Morning tration of pardon and clemency petitions and the general fund shall be reduced as such off- business is closed. immigration-related activities, $215,685,000. setting collections are received during fiscal

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9746 CONGRESSIONAL RECORD — SENATE September 8, 2005 year 2006, so as to result in a final fiscal year store and retrieve the identities and loca- equipment for such buildings); conversion 2006 appropriation from the general fund es- tions of protected witnesses. and extension of Federally-owned buildings; timated at not more than $28,451,000. øSALARIES AND EXPENSES, COMMUNITY and preliminary planning and design of øSALARIES AND EXPENSES, UNITED STATES RELATIONS SERVICE projects; $20,105,000, to remain available ATTORNEYS øFor necessary expenses of the Community until expended: Provided, That $10,000,000 øFor necessary expenses of the Offices of Relations Service, $9,659,000: Provided, That shall be available for equipment and associ- the United States Attorneys, including notwithstanding section 105 of this Act, upon ated costs for a permanent central records inter-governmental and cooperative agree- a determination by the Attorney General complex in Frederick County, Virginia. ments, $1,626,146,000: Provided, That of the that emergent circumstances require addi- øDRUG ENFORCEMENT ADMINISTRATION total amount appropriated, not to exceed tional funding for conflict resolution and vi- øSALARIES AND EXPENSES $8,000 shall be available for official reception olence prevention activities of the Commu- øFor necessary expenses of the Drug En- and representation expenses: Provided fur- nity Relations Service, the Attorney General forcement Administration, including not to ther, That not to exceed $20,000,000 shall re- may transfer such amounts to the Commu- exceed $70,000 to meet unforeseen emer- main available until expended: Provided fur- nity Relations Service, from available appro- gencies of a confidential character pursuant ther, That, in addition to reimbursable full- priations for the current fiscal year for the to 28 U.S.C. 530C; expenses for conducting time equivalent workyears available to the Department of Justice, as may be necessary drug education and training programs, in- Offices of the United States Attorneys, not to respond to such circumstances: Provided cluding travel and related expenses for par- to exceed 10,465 positions and 10,451 full-time further, That any transfer pursuant to the ticipants in such programs and the distribu- equivalent workyears shall be supported previous proviso shall be treated as a re- tion of items of token value that promote from the funds appropriated in this Act for programming under section 605 of this Act the goals of such programs; and purchase of the United States Attorneys. and shall not be available for obligation or not to exceed 1,043 passenger motor vehicles, øUNITED STATES TRUSTEE SYSTEM FUND expenditure except in compliance with the of which 937 will be for replacement only, for øFor necessary expenses of the United procedures set forth in that section. police-type use, $1,706,173,000 (increased by States Trustee Program, as authorized, øASSETS FORFEITURE FUND $10,000,000); of which not to exceed $75,000,000 $214,402,000, to remain available until ex- øFor expenses authorized by 28 U.S.C. shall remain available until expended; and of pended and to be derived from the United 524(c)(1)(B), (F), and (G), $21,468,000, to be de- which not to exceed $100,000 shall be avail- States Trustee System Fund: Provided, That, rived from the Department of Justice Assets able for official reception and representation notwithstanding any other provision of law, Forfeiture Fund. expenses: Provided, That, in addition to reim- deposits to the Fund shall be available in øINTERAGENCY LAW ENFORCEMENT bursable full-time equivalent workyears available to the Drug Enforcement Adminis- such amounts as may be necessary to pay re- øINTERAGENCY CRIME AND DRUG ENFORCEMENT funds due depositors: Provided further, That, tration, not to exceed 8,371 positions and øFor necessary expenses for the identifica- notwithstanding any other provision of law, 8,270 full-time equivalent workyears shall be tion, investigation, and prosecution of indi- $214,402,000 of offsetting collections pursuant supported from the funds appropriated in viduals associated with the most significant to 28 U.S.C. 589a(b) shall be retained and used this Act for the Drug Enforcement Adminis- drug trafficking and affiliated money laun- for necessary expenses in this appropriation tration. dering organizations not otherwise provided and remain available until expended: Pro- øBUREAU OF ALCOHOL, TOBACCO, FIREARMS for, to include inter-governmental agree- vided further, That the sum herein appro- AND EXPLOSIVES ments with State and local law enforcement priated from the Fund shall be reduced as agencies engaged in the investigation and øSALARIES AND EXPENSES such offsetting collections are received dur- prosecution of individuals involved in orga- øFor necessary expenses of the Bureau of ing fiscal year 2006, so as to result in a final nized crime drug trafficking, $506,940,000, of Alcohol, Tobacco, Firearms and Explosives, fiscal year 2006 appropriation from the Fund which $50,000,000 shall remain available until including the purchase of not to exceed 822 estimated at $0. expended: Provided, That any amounts obli- vehicles for police-type use, of which 650 ø SALARIES AND EXPENSES, FOREIGN CLAIMS gated from appropriations under this head- shall be for replacement only; not to exceed SETTLEMENT COMMISSION ing may be used under authorities available $25,000 for official reception and representa- øFor expenses necessary to carry out the to the organizations reimbursed from this tion expenses; for training of State and local activities of the Foreign Claims Settlement appropriation. law enforcement agencies with or without Commission, including services as author- øFEDERAL BUREAU OF INVESTIGATION reimbursement, including training in con- ized by 5 U.S.C. 3109, $1,220,000. nection with the training and acquisition of øSALARIES AND EXPENSES øUNITED STATES MARSHALS SERVICE canines for explosives and fire accelerants øFor necessary expenses of the Federal Bu- øSALARIES AND EXPENSES detection; and for provision of laboratory as- reau of Investigation for detection, inves- sistance to State and local law enforcement ø For necessary expenses of the United tigation, and prosecution of crimes against agencies, with or without reimbursement, States Marshals Service, $800,255,000; of the United States; including purchase for po- $923,613,000, of which not to exceed $1,000,000 which not to exceed $6,000 shall be available lice-type use of not to exceed 3,868 passenger shall be available for the payment of attor- for official reception and representation ex- motor vehicles, of which 3,039 will be for re- neys’ fees as provided by 18 U.S.C. 924(d)(2); penses; and of which $20,000,000 for informa- placement only; and not to exceed $70,000 to and of which $10,000,000 shall remain avail- tion technology systems, equipment, and the meet unforeseen emergencies of a confiden- able until expended: Provided, That no funds renovation of United States Marshals Serv- tial character pursuant to 28 U.S.C. 530C, appropriated herein shall be available for ice prisoner holding space in United States $5,741,132,000; of which not to exceed salaries or administrative expenses in con- courthouses and Federal buildings shall re- $150,000,000 shall remain available until ex- nection with consolidating or centralizing, main available until expended: Provided, pended; of which $2,288,897,000 shall be for within the Department of Justice, the That, in addition to reimbursable full-time counterterrorism investigations, foreign records, or any portion thereof, of acquisi- equivalent workyears available to the United counterintelligence, and other activities re- tion and disposition of firearms maintained States Marshals Service, not to exceed 4,729 lated to our national security; and of which by Federal firearms licensees: Provided fur- positions and 4,551 full-time equivalent not to exceed $25,000,000 is authorized to be ther, That no funds appropriated herein shall workyears shall be supported from the funds made available for making advances for ex- be used to pay administrative expenses or appropriated in this Act for the United penses arising out of contractual or reim- the compensation of any officer or employee States Marshals Service. bursable agreements with State and local of the United States to implement an amend- øFEES AND EXPENSES OF WITNESSES law enforcement agencies while engaged in ment or amendments to 27 CFR 178.118 or to øFor fees and expenses of witnesses, for ex- cooperative activities related to violent change the definition of ‘‘Curios or relics’’ in penses of contracts for the procurement and crime, terrorism, organized crime, gang-re- 27 CFR 178.11 or remove any item from ATF supervision of expert witnesses, for private lated crime, cybercrime, and drug investiga- Publication 5300.11 as it existed on January counsel expenses, including advances, such tions: Provided, That not to exceed $205,000 1, 1994: Provided further, That none of the sums as are necessary, to remain available shall be available for official reception and funds appropriated herein shall be available until expended: Provided, That not to exceed representation expenses: Provided further, to investigate or act upon applications for $8,000,000 may be made available for con- That, in addition to reimbursable full-time relief from Federal firearms disabilities struction of buildings for protected witness equivalent workyears available to the Fed- under 18 U.S.C. 925(c): Provided further, That safesites: Provided further, That not to exceed eral Bureau of Investigation, not to exceed such funds shall be available to investigate $1,000,000 may be made available for the pur- 31,668 positions and 30,525 full-time equiva- and act upon applications filed by corpora- chase and maintenance of armored vehicles lent workyears shall be supported from the tions for relief from Federal firearms disabil- for transportation of protected witnesses: funds appropriated in this Act for the Fed- ities under section 925(c) of title 18, United Provided further, That not to exceed $7,000,000 eral Bureau of Investigation. States Code: Provided further, That no funds may be made available for the purchase, in- øCONSTRUCTION made available by this or any other Act may stallation, maintenance and upgrade of se- øFor necessary expenses to construct or be used to transfer the functions, missions, cure telecommunications equipment and a acquire buildings and sites by purchase, or as or activities of the Bureau of Alcohol, To- secure automated information network to otherwise authorized by law (including bacco, Firearms and Explosives to other

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9747 agencies or Departments in fiscal year 2006: That not to exceed $6,000 shall be available 1968 Act’’); the Violent Crime Control and Provided further, That no funds appropriated for official reception and representation ex- Law Enforcement Act of 1994 (Public Law under this or any other Act with respect to penses: Provided further, That not to exceed 103–322) (‘‘the 1994 Act’’); the Victims of any fiscal year may be used to disclose part $50,000,000 shall remain available for nec- Child Abuse Act of 1990 (‘‘the 1990 Act’’); the or all of the contents of the Firearms Trace essary operations until September 30, 2007: Prosecutorial Remedies and Other Tools to System database maintained by the National Provided further, That, of the amounts pro- End the Exploitation of Children Today Act Trace Center of the Bureau of Alcohol, To- vided for Contract Confinement, not to ex- of 2003 (Public Law 108–21); the Juvenile Jus- bacco, Firearms and Explosives or any infor- ceed $20,000,000 shall remain available until tice and Delinquency Prevention Act of 1974 mation required to be kept by licensees pur- expended to make payments in advance for (‘‘the 1974 Act’’); and the Victims of Traf- suant to section 923(g) of title 18, United grants, contracts and reimbursable agree- ficking and Violence Protection Act of 2000 States Code, or required to be reported pur- ments, and other expenses authorized by sec- (Public Law 106–386); $387,497,000 (increased suant to paragraphs (3) and (7) of such section 501(c) of the Refugee Education Assist- by $2,000,000), including amounts for adminis- tion 923(g), to anyone other than a Federal, ance Act of 1980, for the care and security in trative costs, to remain available until ex- State, or local law enforcement agency or a the United States of Cuban and Haitian en- pended: Provided, That except as otherwise prosecutor solely in connection with and for trants: Provided further, That the Director of provided by law, not to exceed three percent use in a bona fide criminal investigation or the Federal Prison System may accept do- of funds made available under this heading prosecution and then only such information nated property and services relating to the may be used for expenses related to evalua- as pertains to the geographic jurisdiction of operation of the prison card program from a tion, training and technical assistance: Pro- the law enforcement agency requesting the not-for-profit entity which has operated such vided further, That of the amount provided— disclosure and not for use in any civil action program in the past notwithstanding the ø(1) $11,897,000 for the court-appointed spe- or proceeding other than an action or pro- fact that such not-for-profit entity furnishes cial advocate program, as authorized by sec- ceeding commenced by the Bureau of Alco- services under contracts to the Federal Pris- tion 217 of the 1990 Act; hol, Tobacco, Firearms and Explosives, or a on System relating to the operation of pre- ø(2) $1,925,000 (increased by $2,000,000) for review of such an action or proceeding, to release services, halfway houses or other cus- child abuse training programs for judicial enforce the provisions of chapter 44 of such todial facilities. personnel and practitioners, as authorized by title, and all such data shall be immune from øBUILDINGS AND FACILITIES section 222 of the 1990 Act; legal process and shall not be subject to sub- ø(3) $983,000 for grants for televised testi- øFor planning, acquisition of sites and con- poena or other discovery in any civil action mony, as authorized by Part N of the 1968 struction of new facilities; purchase and ac- in a State or Federal court or in any admin- Act; quisition of facilities and remodeling, and istrative proceeding other than a proceeding ø(4) $187,308,000 for grants to combat vio- equipping of such facilities for penal and cor- commenced by the Bureau of Alcohol, To- lence against women, as authorized by part rectional use, including all necessary ex- bacco, Firearms and Explosives to enforce T of the 1968 Act, of which— penses incident thereto, by contract or force the provisions of that chapter, or a review of ø(A) $5,000,000 shall be for the National In- account; and constructing, remodeling, and such an action or proceeding; except that stitute of Justice for research and evaluation equipping necessary buildings and facilities this proviso shall not be construed to pre- of violence against women; at existing penal and correctional institu- vent the disclosure of statistical information ø(B) $10,000,000 shall be for the Office of Ju- tions, including all necessary expenses inci- concerning total production, importation, venile Justice and Delinquency Prevention dent thereto, by contract or force account, and exportation by each licensed importer for the Safe Start Program, as authorized by $70,112,000, to remain available until ex- (as defined in section 921(a)(9) of such title) the 1974 Act; and pended, of which not to exceed $14,000,000 and licensed manufacturer (as defined in sec- ø(C) $15,000,000 shall be for transitional shall be available to construct areas for in- tion 921(a)(10) of such title): Provided further, housing assistance grants for victims of do- mate work programs: Provided, That labor of That no funds made available by this or any mestic violence, stalking or sexual assault United States prisoners may be used for other Act shall be expended to promulgate or as authorized by Public Law 108–21; work performed under this appropriation. implement any rule requiring a physical in- ø(5) $63,491,000 for grants to encourage ar- ventory of any business licensed under sec- øFEDERAL PRISON INDUSTRIES, INCORPORATED rest policies as authorized by part U of the tion 923 of title 18, United States Code: Pro- øThe Federal Prison Industries, Incor- 1968 Act; vided further, That no funds under this Act porated, is hereby authorized to make such ø(6) $39,685,000 for rural domestic violence may be used to electronically retrieve infor- expenditures, within the limits of funds and and child abuse enforcement assistance mation gathered pursuant to 18 U.S.C. borrowing authority available, and in accord grants, as authorized by section 40295(a) of 923(g)(4) by name or any personal identifica- with the law, and to make such contracts the 1994 Act; tion code: Provided further, That no funds au- and commitments, without regard to fiscal ø(7) $4,415,000 for training programs as authorized or made available under this or any year limitations as provided by section 9104 thorized by section 40152 of the 1994 Act, and other Act may be used to deny any applica- of title 31, United States Code, as may be for related local demonstration projects; tion for a license under section 923 of title 18, necessary in carrying out the program set ø(8) $2,950,000 for grants to improve the United States Code, or renewal of such a li- forth in the budget for the current fiscal stalking and domestic violence databases, as cense due to a lack of business activity, pro- year for such corporation, including pur- authorized by section 40602 of the 1994 Act; vided that the applicant is otherwise eligible chase (not to exceed five for replacement ø(9) $9,175,000 to reduce violent crimes to receive such a license, and is eligible to only) and hire of passenger motor vehicles. against women on campus, as authorized by report business income or to claim an in- øLIMITATION ON ADMINISTRATIVE EXPENSES, section 1108(a) of Public Law 106–386; come tax deduction for business expenses ø FEDERAL PRISON INDUSTRIES, INCORPORATED (10) $39,740,000 for legal assistance for vic- under the Internal Revenue Code of 1986. tims, as authorized by section 1201(c) of Pub- øNot to exceed $3,365,000 of the funds of the øFEDERAL PRISON SYSTEM lic Law 106–386; corporation shall be available for its admin- ø ø(11) $4,600,000 for enhancing protection for SALARIES AND EXPENSES istrative expenses, and for services as au- older and disabled women from domestic vio- øFor expenses necessary of the Federal thorized by 5 U.S.C. 3109, to be computed on lence and sexual assault, as authorized by Prison System for the administration, oper- an accrual basis to be determined in accord- section 40802 of the 1994 Act; ation, and maintenance of Federal penal and ance with the corporation’s current pre- ø(12) $14,078,000 for the safe havens for chil- correctional institutions, including purchase scribed accounting system, and such dren pilot program, as authorized by section (not to exceed 768, of which 701 are for re- amounts shall be exclusive of depreciation, 1301(a) of Public Law 106–386; and placement only) and hire of law enforcement payment of claims, and expenditures which ø(13) $7,250,000 for education and training and passenger motor vehicles, and for the such accounting system requires to be cap- to end violence against and abuse of women provision of technical assistance and advice italized or charged to cost of commodities with disabilities, as authorized by section on corrections related issues to foreign gov- acquired or produced, including selling and 1402(a) of Public Law 106–386. ernments, $4,895,649,000: Provided, That the shipping expenses, and expenses in connec- Attorney General may transfer to the Health tion with acquisition, construction, oper- øOFFICE OF JUSTICE PROGRAMS Resources and Services Administration such ation, maintenance, improvement, protec- øJUSTICE ASSISTANCE amounts as may be necessary for direct ex- tion, or disposition of facilities and other penditures by that Administration for med- property belonging to the corporation or in øFor grants, contracts, cooperative agree- ical relief for inmates of Federal penal and which it has an interest. ments, and other assistance authorized by correctional institutions: Provided further, title I of the Omnibus Crime Control and øOFFICE ON VIOLENCE AGAINST WOMEN That the Director of the Federal Prison Sys- Safe Streets Act of 1968, the Missing Chil- tem, where necessary, may enter into con- øVIOLENCE AGAINST WOMEN PREVENTION AND dren’s Assistance Act, including salaries and tracts with a fiscal agent/fiscal intermediary PROSECUTION PROGRAMS expenses in connection therewith, the Pros- claims processor to determine the amounts øFor grants, contracts, cooperative agree- ecutorial Remedies and Other Tools to end payable to persons who, on behalf of the Fed- ments, and other assistance for the preven- the Exploitation of Children Today Act of eral Prison System, furnish health services tion and prosecution of violence against 2003 (Public Law 108–21), and the Victims of to individuals committed to the custody of women as authorized by the Omnibus Crime Crime Act of 1984, $227,466,000, to remain the Federal Prison System: Provided further, Control and Safe Streets Act of 1968 (‘‘the available until expended.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9748 CONGRESSIONAL RECORD — SENATE September 8, 2005

øSTATE AND LOCAL LAW ENFORCEMENT this title to increase the number of law en- ø(5) $10,000,000 is for an offender re-entry ASSISTANCE forcement officers, the unit of local govern- program; øFor grants, contracts, cooperative agreement will achieve a net gain in the number ø(6) $177,057,000 is for a DNA analysis and ments, and other assistance authorized by of law enforcement officers who perform capacity enhancement program, and for the Violent Crime Control and Law Enforce- nonadministrative public safety service. other State, local and Federal forensic ac- ment Act of 1994 (Public Law 103–322) (‘‘the øWEED AND SEED PROGRAM FUND tivities; 1994 Act’’); the Omnibus Crime Control and øFor necessary expenses, including salaries ø(7) $38,000,000 is for law enforcement as- Safe Streets Act of 1968 (‘‘the 1968 Act’’); and and related expenses of the Executive Office sistance to Indian tribes; and the Victims of Trafficking and Violence Pro- for Weed and Seed, to implement ‘‘Weed and ø(8) $60,000,000 for a national program to re- tection Act of 2000 (Public Law 106–386); and Seed’’ program activities, $50,000,000, to reduce gang violence. other programs; $1,001,296,000 (reduced by main available until September 30, 2007, for øJUVENILE JUSTICE PROGRAMS $4,000,000) (increased by $50,000,000) (increased inter-governmental agreements, including øFor grants, contracts, cooperative agree- by $21,947,600) (including amounts for admin- grants, cooperative agreements, and con- ments, and other assistance authorized by istrative costs, which shall be transferred to tracts, with State and local law enforcement the Juvenile Justice and Delinquency Pre- and merged with the ‘‘Justice Assistance’’ agencies, non-profit organizations, and agen- vention Act of 1974 (‘‘the Act’’), and other ju- cies of local government engaged in the in- account): Provided, That funding provided venile justice programs, including salaries vestigation and prosecution of violent and under this heading shall remain available and expenses in connection therewith to be gang-related crimes and drug offenses in until expended, as follows— transferred to and merged with the appro- ‘‘Weed and Seed’’ designated communities, ø(1) $348,466,000 (reduced by $4,000,000) (in- priations for Justice Assistance, $333,712,000, and for either reimbursements or transfers creased by $21,947,600) for the Edward Byrne to remain available until expended, as fol- Memorial Justice Assistance Grant program to appropriation accounts of the Department of Justice and other Federal agencies which lows— pursuant to the amendments made by sec- ø shall be specified by the Attorney General to (1) $712,000 for concentration of Federal ef- tion 201 of H.R. 3036 of the 108th Congress, as execute the ‘‘Weed and Seed’’ program strat- forts, as authorized by section 204 of the Act; passed by the House of Representatives on ø egy: Provided, That funds designated by Con- (2) $83,000,000 for State and local programs March 30, 2004 (except that the special rules gress through language for other Depart- authorized by section 221 of the Act, includ- for Puerto Rico established pursuant to such ment of Justice appropriation accounts for ing training and technical assistance to as- amendments shall not apply for purposes of ‘‘Weed and Seed’’ program activities shall be sist small, non-profit organizations with the this Act), of which— managed and executed by the Attorney Gen- Federal grants process; ø (A) $10,000,000 is for the National Institute eral through the Executive Office for Weed ø(3) $70,000,000 for demonstration projects, of Justice in assisting units of local govern- and Seed: Provided further, That the Attor- as authorized by sections 261 and 262 of the ment to identify, select, develop, modernize, ney General may direct the use of other De- Act; and purchase new technologies for use by law partment of Justice funds and personnel in ø(4) $5,000,000 for juvenile mentoring pro- enforcement; and support of ‘‘Weed and Seed’’ program activi- grams; ø(B) $85,000,000 for Boys and Girls Clubs in ties only after the Attorney General notifies ø(5) $80,000,000 for delinquency prevention, public housing facilities and other areas in the Committees on Appropriations of the as authorized by section 505 of the Act, of cooperation with State and local law en- House of Representatives and the Senate in which— forcement, as authorized by section 401 of accordance with section 605 of this Act: Pro- ø(A) $10,000,000 shall be for the Tribal Public Law 104–294 (42 U.S.C. 13751 note); vided further, That of the funds appropriated Youth Program; ø(2) $355,000,000 (increased by $50,000,000) for for the Executive Office for Weed and Seed, ø(B) $25,000,000 shall be for a gang resist- the State Criminal Alien Assistance Pro- not to exceed $2,000,000 shall be directed for ance education and training program; and gram, as authorized by section 242(j) of the comprehensive community development ø(C) $25,000,000 shall be for grants of Immigration and Nationality Act; training and technical assistance. $360,000 to each State and $6,640,000 shall be ø(3) $30,000,000 for the Southwest Border øCOMMUNITY ORIENTED POLICING SERVICES available for discretionary grants to States, Prosecutor Initiative to reimburse State, øFor activities authorized by the Violent for programs and activities to enforce State county, parish, tribal, or municipal govern- Crime Control and Law Enforcement Act of laws prohibiting the sale of alcoholic bev- ments only for costs associated with the 1994 (Public Law 103–322) (including adminis- erages to minors or the purchase or con- prosecution of criminal cases declined by trative costs), $520,057,000 (increased by sumption of alcoholic beverages by minors, local United States Attorneys offices; $2,500,000) (increased by $10,000,000) (increased prevention and reduction of consumption of ø(4) $110,000,000 for discretionary grants au- by $34,000,000), to remain available until ex- alcoholic beverages by minors, and for tech- thorized by subpart 2 of part E, of title I of pended: Provided, That of the funds under nical assistance and training; the 1968 Act, notwithstanding the provisions this heading, not to exceed $2,575,000 shall be ø(6) $5,000,000 for Project Childsafe; of section 511 of said Act; available for the Office of Justice Programs ø(7) $15,000,000 for the Secure Our Schools ø(5) $10,000,000 for victim services programs for reimbursable services associated with Act as authorized by Public Law 106–386; for victims of trafficking, as authorized by programs administered by the Community ø(8) $15,000,000 for programs authorized by section 107(b)(2) of Public Law 106–386; Oriented Policing Services Office: Provided the Victims of Child Abuse Act of 1990; and ø(6) $871,000 for the Missing Alzheimer’s further, That section 1703(b) and (c) of the ø(9) $60,000,000 for the Juvenile Account- Disease Patient Alert Program, as author- Omnibus Crime Control and Safe Streets Act ability Block Grants program as authorized ized by section 240001(c) of the 1994 Act; of 1968 (‘‘the 1968 Act’’) shall not apply to by Public Law 107–273 and Guam shall be ø(7) $40,000,000 for Drug Courts, as author- non-hiring grants made pursuant to part Q of considered a State: ized by Part EE of the 1968 Act; title I thereof (42 U.S.C. 3796dd et seq.): Pro- Provided, That not more than 10 percent of ø(8) $10,000,000 for a prescription drug mon- vided further, That up to $29,000,000 of bal- each amount may be used for research, eval- itoring program; ances made available as a result of prior year uation, and statistics activities designed to ø(9) $40,000,000 for prison rape prevention deobligations may be obligated for program benefit the programs or activities author- and prosecution programs, as authorized by management and administration: Provided ized: Provided further, That not more than 2 the Prison Rape Elimination Act of 2003 further, That any balances made available as percent of each amount may be used for (Public Law 108–79), of which $2,175,000 shall a result of prior year deobligations in excess training and technical assistance: Provided be transferred to the National Prison Rape of $29,000,000 shall only be obligated in ac- further, That the previous two provisos shall Elimination Commission for authorized accordance with section 605 of this Act. Of the not apply to demonstration projects, as au- tivities; amounts provided— thorized by sections 261 and 262 of the Act. ø ø (10) $25,000,000 for grants for residential (1) $30,000,000 is for the matching grant øPUBLIC SAFETY OFFICERS BENEFITS substance abuse treatment for State pris- program for law enforcement armor vests as øTo remain available until expended, for oners, as authorized by part S of the 1968 authorized by section 2501 of part Y of the payments authorized by part L of title I of Act; 1968 Act, of which not to exceed $3,000,000 the Omnibus Crime Control and Safe Streets ø(11) $10,359,000 for a program to improve shall be for the National Institute of Justice Act of 1968 (42 U.S.C. 3796), such sums as are State and local law enforcement intelligence to test and evaluate vests; necessary, as authorized by section 6093 of capabilities including antiterrorism training ø(2) $60,000,000 (increased by $34,000,000) is Public Law 100–690 (102 Stat. 4339–4340); and and training to ensure that constitutional for policing initiatives to combat meth- $4,884,000, to remain available until expended rights, civil liberties, civil rights, and pri- amphetamine production and trafficking and for payments as authorized by section 1201(b) vacy interests are protected throughout the to enhance policing initiatives in ‘‘drug hot of said Act; and $4,064,000 for educational as- intelligence process; spots’’; sistance, as authorized by section 1212 of the ø(12) $10,000,000 for a capital litigation im- ø(3) $120,000,000 is for a law enforcement 1968 Act. provement grant program; and technologies and interoperable communica- ø(13) $11,600,000 for a cannabis eradication tions program; øGENERAL PROVISIONS—DEPARTMENT OF program to be administered by the Drug En- ø(4) $25,000,000 (increased by $2,500,000) is JUSTICE forcement Administration: for grants to upgrade criminal records, as øSEC. 101. In addition to amounts otherwise Provided, That, if a unit of local government authorized under the Crime Identification made available in this title for official recep- uses any of the funds made available under Technology Act of 1998 (42 U.S.C. 14601); tion and representation expenses, a total of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9749

not to exceed $60,000 from funds appropriated øSEC. 112. (a) None of the funds appro- pliance; $231,722,000 shall be for the United to the Department of Justice in this title priated by this Act may be used by Federal States and Foreign Commercial Service; and shall be available to the Attorney General prisons to purchase cable television services, $25,820,000 shall be for Executive Direction for official reception and representation ex- to rent or purchase videocassettes, video- and Administration: Provided further, That penses. cassette recorders, or other audiovisual or the provisions of the first sentence of section øSEC. 102. None of the funds appropriated electronic equipment used primarily for rec- 105(f) and all of section 108(c) of the Mutual by this title shall be available to pay for an reational purposes. Educational and Cultural Exchange Act of abortion, except where the life of the mother ø(b) The preceding sentence does not pre- 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply would be endangered if the fetus were carried clude the renting, maintenance, or purchase in carrying out these activities without re- to term, or in the case of rape: Provided, of audiovisual or electronic equipment for gard to section 5412 of the Omnibus Trade That should this prohibition be declared un- inmate training, religious, or educational and Competitiveness Act of 1988 (15 U.S.C. constitutional by a court of competent juris- programs. 4912); and that for the purpose of this Act, diction, this section shall be null and void. øThis title may be cited as the ‘‘Depart- contributions under the provisions of the ø SEC. 103. None of the funds appropriated ment of Justice Appropriations Act, 2006’’. Mutual Educational and Cultural Exchange under this title shall be used to require any ø Act of 1961 shall include payment for assess- person to perform, or facilitate in any way TITLE II—DEPARTMENT OF COMMERCE AND RELATED AGENCIES ments for services provided as part of these the performance of, any abortion. activities. øSEC. 104. Nothing in the preceding section øTRADE AND INFRASTRUCTURE DEVELOPMENT øBUREAU OF INDUSTRY AND SECURITY shall remove the obligation of the Director øRELATED AGENCIES ø of the Bureau of Prisons to provide escort OPERATIONS AND ADMINISTRATION øOFFICE OF THE UNITED STATES TRADE services necessary for a female inmate to re- øFor necessary expenses for export admin- REPRESENTATIVE ceive such service outside the Federal facil- istration and national security activities of ity: Provided, That nothing in this section in øSALARIES AND EXPENSES the Department of Commerce, including any way diminishes the effect of section 103 øFor necessary expenses of the Office of costs associated with the performance of ex- intended to address the philosophical beliefs the United States Trade Representative, in- port administration field activities both do- of individual employees of the Bureau of cluding the hire of passenger motor vehicles mestically and abroad; full medical coverage Prisons. and the employment of experts and consult- for dependent members of immediate fami- øSEC. 105. Not to exceed 5 percent of any ants as authorized by 5 U.S.C. 3109, lies of employees stationed overseas; em- appropriation made available for the current $44,779,000, of which $1,000,000 shall remain ployment of Americans and aliens by con- fiscal year for the Department of Justice in available until expended: Provided, That not tract for services abroad; payment of tort this Act may be transferred between such ap- to exceed $124,000 shall be available for offi- claims, in the manner authorized in the first propriations, but no such appropriation, ex- cial reception and representation expenses: paragraph of 28 U.S.C. 2672 when such claims cept as otherwise specifically provided, shall Provided further, That not less than $2,000,000 arise in foreign countries; not to exceed be increased by more than 10 percent by any provided under this heading shall be for ex- $15,000 for official representation expenses such transfers: Provided, That any transfer penses authorized by 19 U.S.C. 2451 and abroad; awards of compensation to informers pursuant to this section shall be treated as a 1677b(c). under the Export Administration Act of 1979, reprogramming of funds under section 605 of and as authorized by 22 U.S.C. 401(b); and øINTERNATIONAL TRADE COMMISSION this Act and shall not be available for obliga- purchase of passenger motor vehicles for of- tion except in compliance with the proce- øSALARIES AND EXPENSES ficial use and motor vehicles for law enforce- dures set forth in that section. øFor necessary expenses of the Inter- ment use with special requirement vehicles øSEC. 106. The Attorney General is author- national Trade Commission, including hire eligible for purchase without regard to any ized to extend through September 30, 2007, of passenger motor vehicles, and services as price limitation otherwise established by the Personnel Management Demonstration authorized by 5 U.S.C. 3109, and not to exceed law, $77,000,000, to remain available until ex- Project transferred to the Attorney General $2,500 for official reception and representa- pended, of which $14,767,000 shall be for in- pursuant to section 1115 of the Homeland Se- tion expenses, $62,752,000, to remain available spections and other activities related to na- curity Act of 2002, Public Law 107–296 (6 until expended. tional security: Provided, That the provisions U.S.C. 533) without limitation on the number of the first sentence of section 105(f) and all øDEPARTMENT OF COMMERCE of employees or the positions covered. of section 108(c) of the Mutual Educational øSEC. 107. None of the funds made available øINTERNATIONAL TRADE ADMINISTRATION and Cultural Exchange Act of 1961 (22 U.S.C. in this Act may be used by the Drug Enforce- øOPERATIONS AND ADMINISTRATION 2455(f) and 2458(c)) shall apply in carrying out ment Administration to establish a procure- øFor necessary expenses for international these activities: Provided further, That payment quota following the approval of a new trade activities of the Department of Com- ments and contributions collected and ac- drug application or an abbreviated new drug merce provided for by law, and for engaging cepted for materials or services provided as application for a controlled substance. in trade promotional activities abroad, in- part of such activities may be retained for øSEC. 108. The limitation established in the cluding expenses of grants and cooperative use in covering the cost of such activities, preceding section shall not apply to any new agreements for the purpose of promoting ex- and for providing information to the public drug application or abbreviated new drug ap- with respect to the export administration plication for which the Drug Enforcement ports of United States firms, without regard to 44 U.S.C. 3702 and 3703; full medical cov- and national security activities of the De- Administration has reviewed and provided partment of Commerce and other export con- public comments on labeling, promotion, erage for dependent members of immediate families of employees stationed overseas and trol programs of the United States and other risk management plans, and any other docu- governments. ments. employees temporarily posted overseas; ø øSEC. 109. Notwithstanding any other pro- travel and transportation of employees of ECONOMIC DEVELOPMENT ADMINISTRATION vision of law, Public Law 102–395 section the United States and Foreign Commercial øECONOMIC DEVELOPMENT ASSISTANCE 102(b) shall extend to the Bureau of Alcohol, Service between two points abroad, without PROGRAMS Tobacco, Firearms and Explosives in the regard to 49 U.S.C. 40118; employment of øFor grants for economic development as- conduct of undercover investigative oper- Americans and aliens by contract for serv- sistance as provided by the Public Works and ations and shall apply without fiscal year ices; rental of space abroad for periods not Economic Development Act of 1965, and for limitation with respect to any undercover exceeding 10 years, and expenses of alter- trade adjustment assistance, $200,985,000, to investigative operation initiated by the Bu- ation, repair, or improvement; purchase or remain available until expended. construction of temporary demountable ex- reau of Alcohol, Tobacco, Firearms and Ex- øSALARIES AND EXPENSES hibition structures for use abroad; payment plosives that is necessary for the detection øFor necessary expenses of administering of tort claims, in the manner authorized in and prosecution of crimes against the United the economic development assistance pro- the first paragraph of 28 U.S.C. 2672 when States. grams as provided for by law, $26,584,000: Pro- øSEC. 110. Any funds provided in this Act such claims arise in foreign countries; not to vided, That these funds may be used to mon- under ‘‘Department of Justice’’ used to im- exceed $327,000 for official representation ex- itor projects approved pursuant to title I of plement E-Government Initiatives shall be penses abroad; purchase of passenger motor the Public Works Employment Act of 1976, subject to the procedures set forth in section vehicles for official use abroad, not to exceed title II of the Trade Act of 1974, and the Com- 605 of this Act. $45,000 per vehicle; obtaining insurance on of- munity Emergency Drought Relief Act of øSEC. 111. None of the funds made available ficial motor vehicles; and rental of tie lines, 1977. to the Department of Justice in this Act $406,925,000, of which $13,000,000 is to be de- may be used for the purpose of transporting rived from fees to be retained and used by øMINORITY BUSINESS DEVELOPMENT AGENCY an individual who is a prisoner pursuant to the International Trade Administration, not- øMINORITY BUSINESS DEVELOPMENT conviction for crime under State or Federal withstanding 31 U.S.C. 3302: Provided, That øFor necessary expenses of the Department law and is classified as a maximum or high $47,434,000 shall be for Manufacturing and of Commerce in fostering, promoting, and security prisoner, other than to a prison or Services; $39,815,000 shall be for Market Ac- developing minority business enterprise, in- other facility certified by the Federal Bu- cess and Compliance; $62,134,000 shall be for cluding expenses of grants, contracts, and reau of Prisons as appropriately secure for the Import Administration of which not less other agreements with public or private or- housing such a prisoner. than $3,000,000 is for the Office of China Com- ganizations, $30,024,000.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9750 CONGRESSIONAL RECORD — SENATE September 8, 2005

øECONOMIC AND INFORMATION tions Act of 1934, $2,000,000, to remain avail- øNATIONAL INSTITUTE OF STANDARDS AND INFRASTRUCTURE able until expended as authorized by section TECHNOLOGY øECONOMIC AND STATISTICAL ANALYSIS 391 of the Act. øSCIENTIFIC AND TECHNICAL RESEARCH AND øSALARIES AND EXPENSES øUNITED STATES PATENT AND TRADEMARK SERVICES øFor necessary expenses, as authorized by OFFICE øFor necessary expenses of the National law, of economic and statistical analysis pro- øSALARIES AND EXPENSES Institute of Standards and Technology, grams of the Department of Commerce, øFor necessary expenses of the United $397,744,000, to remain available until ex- $80,304,000, to remain available until Sep- States Patent and Trademark Office pro- pended, of which not to exceed $760,000 may tember 30, 2007. vided for by law, including defense of suits be transferred to the ‘‘Working Capital øBUREAU OF THE CENSUS instituted against the Under Secretary of Fund’’. ø øSALARIES AND EXPENSES Commerce for Intellectual Property and Di- MANUFACTURING EXTENSION PARTNERSHIPS ø øFor expenses necessary for collecting, rector of the United States Patent and For necessary expenses of Manufacturing compiling, analyzing, preparing, and pub- Trademark Office, $1,703,300,000, to remain Extension Partnerships of the National In- lishing statistics, provided for by law, available until expended: Provided, That the stitute of Standards and Technology, $208,029,000 (reduced by $10,000,000). sum herein appropriated from the general $106,000,000, to remain available until ex- fund shall be reduced as offsetting collec- pended. øPERIODIC CENSUSES AND PROGRAMS tions assessed and collected pursuant to 15 øCONSTRUCTION OF RESEARCH FACILITIES øFor necessary expenses related to the 2010 U.S.C. 1113 and 35 U.S.C. 41 and 376 are re- øFor construction of new research facili- decennial census, $463,596,000 (reduced by ceived during fiscal year 2006, so as to result $10,000,000), to remain available until Sep- ties, including architectural and engineering in a fiscal year 2006 appropriation from the tember 30, 2007: Provided, That of the total design, and for renovation and maintenance general fund estimated at $0: Provided fur- amount available related to the 2010 decen- of existing facilities, not otherwise provided ther, That during fiscal year 2006, should the nial census, $213,849,000 (reduced by for the National Institute of Standards and total amount of offsetting fee collections be $10,000,000) is for the Re-engineered Design Technology, as authorized by 15 U.S.C. 278c- less than $1,703,300,000, this amount shall be Process for the Short-Form Only Census, 278e, $45,000,000, to remain available until ex- reduced accordingly: Provided further, That $169,948,000 is for the American Community pended. not less than 657 full-time equivalents, 690 Survey, and $79,799,000 is for the Master Ad- øNATIONAL OCEANIC AND ATMOSPHERIC positions and $85,017,000 shall be for the ex- dress File/Topologically Integrated Geo- ADMINISTRATION amination of trademark applications; and graphic Encoding and Referencing (MAF/ øOPERATIONS, RESEARCH, AND FACILITIES not less than 6,050 full-time equivalents, 6,304 TIGER) system. ø(INCLUDING TRANSFER OF FUNDS) øIn addition, for expenses to collect and positions and $926,356,000 shall be for the ex- øFor necessary expenses of activities au- publish statistics for other periodic censuses amination and searching of patent applica- thorized by law for the National Oceanic and and programs provided for by law, tions: Provided further, That not more than Atmospheric Administration, including $160,612,000, to remain available until Sep- 265 full-time equivalents, 272 positions and maintenance, operation, and hire of aircraft tember 30, 2007, of which $72,928,000 is for eco- $37,490,000 shall be for the Office of the Gen- and vessels; grants, contracts, or other pay- nomic statistics programs and $87,684,000 is eral Counsel: Provided further, That not more ments to nonprofit organizations for the pur- for demographic statistics programs: Pro- than 82 full-time equivalents, 83 positions vided, That regarding construction of a facil- and $25,393,000 shall be for the Office of the poses of conducting activities pursuant to ity at the Suitland Federal Center, quarterly Administrator for External Affairs: Provided cooperative agreements; and relocation of fa- reports regarding the expenditure of funds further, That from amounts provided herein, cilities, $2,444,000,000 (reduced by $50,000,000), and project planning, design and cost deci- not to exceed $1,000 shall be made available to remain available until September 30, 2007: sions shall be provided by the Bureau, in co- in fiscal year 2006 for official reception and Provided, That fees and donations received by operation with the General Services Admin- representation expenses: Provided further, the National Ocean Service for the manage- istration, to the Committees on Appropria- That notwithstanding section 1353 of title 31, ment of national marine sanctuaries may be tions of the Senate and the House of Rep- United States Code, no employee of the retained and used for the salaries and ex- resentatives: Provided further, That none of United States Patent and Trademark Office penses associated with those activities, not- the funds provided in this or any other Act may accept payment or reimbursement from withstanding 31 U.S.C. 3302: Provided further, under the heading ‘‘Bureau of the Census, a non-Federal entity for travel, subsistence, That in addition, $3,000,000 shall be derived Periodic Censuses and Programs’’ shall be or related expenses for the purpose of ena- by transfer from the fund entitled ‘‘Coastal used to fund the construction and tenant bling an employee to attend and participate Zone Management’’ and in addition build-out costs of a facility at the Suitland in a convention, conference, or meeting when $77,000,000 shall be derived by transfer from Federal Center: Provided further, That none the entity offering payment or reimburse- the fund entitled ‘‘Promote and Develop of the funds provided in this or any other Act ment is a person or corporation subject to Fishery Products and Research Pertaining to for any fiscal year may be used for the col- regulation by the Office, or represents a per- American Fisheries’’: Provided further, That lection of Census data on race identification son or corporation subject to regulation by of the $2,543,000,000 (reduced by $50,000,000) that does not include ‘‘some other race’’ as a the Office, unless the person or corporation provided for in direct obligations under this category. is an organization exempt from taxation pur- heading $2,444,000,000 (reduced by $50,000,000) øNATIONAL TELECOMMUNICATIONS AND suant to section 501(c)(3) of the Internal Rev- is appropriated from the General Fund, INFORMATION ADMINISTRATION enue Code of 1986: Provided further, That in $80,000,000 is provided by transfer, and $19,000,000 is derived from deobligations from øSALARIES AND EXPENSES fiscal year 2006, from the amounts made available for ‘‘Salaries and Expenses’’ for the prior years: Provided further, That no general øFor necessary expenses, as provided for by United States Patent and Trademark Office administrative charge shall be applied law, of the National Telecommunications (PTO), the amounts necessary to pay: (1) the against an assigned activity included in this and Information Administration (NTIA), Act or the report accompanying this Act: $17,716,000: Provided, That, notwithstanding difference between the percentage of basic pay contributed by the PTO and employees Provided further, That the total amount 31 U.S.C. 1535(d), the Secretary of Commerce available for the National Oceanic and At- shall charge Federal agencies for costs in- under section 8334(a) of title 5, United States Code, and the normal cost percentage (as de- mospheric Administration corporate services curred in spectrum management, analysis, administrative support costs shall not ex- and operations, and related services and such fined by section 8331(17) of that title) of basic pay, of employees subject to subchapter III ceed $189,010,000: Provided further, That pay- fees shall be retained and used as offsetting ments of funds made available under this collections for costs of such spectrum serv- of chapter 83 of that title; and (2) the present value of the otherwise unfunded accruing heading to the Department of Commerce ices, to remain available until expended: Pro- Working Capital Fund including Department vided further, That the Secretary of Com- costs, as determined by the Office of Per- sonnel Management, of post-retirement life of Commerce General Counsel legal services merce is authorized to retain and use as off- shall not exceed $40,700,000: Provided further, setting collections all funds transferred, or insurance and post-retirement health benefits coverage for all PTO employees, shall be That any deviation from the amounts des- previously transferred, from other Govern- ignated for specific activities in the report ment agencies for all costs incurred in tele- transferred to the Civil Service Retirement and Disability Fund, the Employees Life In- accompanying this Act, or any use of communications research, engineering, and deobligated balances of funds provided under related activities by the Institute for Tele- surance Fund, and the Employees Health Benefits Fund, as appropriate, and shall be this heading in previous years, shall be sub- communication Sciences of NTIA, in further- ject to the procedures set forth in section 605 ance of its assigned functions under this available for the authorized purposes of those accounts. of this Act. paragraph, and such funds received from øIn addition, for necessary retired pay ex- øSCIENCE AND TECHNOLOGY other Government agencies shall remain penses under the Retired Serviceman’s Fam- ø available until expended. TECHNOLOGY ADMINISTRATION ily Protection and Survivor Benefits Plan, øPUBLIC TELECOMMUNICATIONS FACILITIES, øSALARIES AND EXPENSES and for payments for the medical care of re- PLANNING AND CONSTRUCTION øFor necessary expenses for the Under Sec- tired personnel and their dependents under øFor the administration of the program as retary for Technology Office of Technology the Dependents Medical Care Act (10 U.S.C. authorized by section 392 of the Communica- Policy, $6,460,000. ch. 55), such sums as may be necessary.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9751

øPROCUREMENT, ACQUISITION AND øOTHER øTITLE III—SCIENCE CONSTRUCTION øDEPARTMENTAL MANAGEMENT øOFFICE OF SCIENCE AND TECHNOLOGY POLICY ø For procurement, acquisition and con- øSALARIES AND EXPENSES øFor necessary expenses of the Office of struction of capital assets, including alter- øFor expenses necessary for the depart- Science and Technology Policy, in carrying ation and modification costs, of the National mental management of the Department of out the purposes of the National Science and Oceanic and Atmospheric Administration, Commerce provided for by law, including not Technology Policy, Organization, and Prior- $936,000,000 to remain available until Sep- to exceed $5,000 for official entertainment, ities Act of 1976 (42 U.S.C. 6601–6671), hire of tember 30, 2008: Provided, That of the $47,466,000: Provided, That not to exceed 12 passenger motor vehicles, and services as au- amounts provided for the National Polar-or- full-time equivalents and $1,621,000 shall be thorized by 5 U.S.C. 3109, not to exceed $2,500 biting Operational Environmental Satellite expended for the legislative affairs function for official reception and representation ex- System, funds shall only be made available of the Department. penses, and rental of conference rooms in the on a dollar for dollar matching basis with øOFFICE OF INSPECTOR GENERAL District of Columbia, $5,564,000. funds provided for the same purpose by the øFor necessary expenses of the Office of In- ø Department of Defense: Provided further, NATIONAL AERONAUTICS AND SPACE spector General in carrying out the provi- That except to the extent expressly prohib- ADMINISTRATION sions of the Inspector General Act of 1978 (5 ited by any other law, the Department of De- øSCIENCE, AERONAUTICS AND EXPLORATION U.S.C. App.), $22,758,000. fense may delegate procurement functions ø(INCLUDING TRANSFER OF FUNDS) øGENERAL PROVISIONS—DEPARTMENT OF related to the National Polar-orbiting Oper- ø COMMERCE For necessary expenses, not otherwise ational Environmental Satellite System to provided for, in the conduct and support of øSEC. 201. During the current fiscal year, officials of the Department of Commerce science, aeronautics and exploration re- pursuant to section 2311 of title 10, United applicable appropriations and funds made available to the Department of Commerce by search and development activities, including States Code: Provided further, That any devi- research, development, operations, support ation from the amounts designated for spe- this Act shall be available for the activities specified in the Act of October 26, 1949 (15 and services; maintenance; construction of cific activities in the report accompanying facilities including repair, rehabilitation, re- this Act, or any use of deobligated balances U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding vitalization, and modification of facilities, of funds provided under this heading in pre- construction of new facilities and additions vious years, shall be subject to the proce- 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon to existing facilities, facility planning and dures set forth in section 605 of this Act: Pro- design, and restoration, and acquisition or vided further, That none of the funds provided the certification of officials designated by the Secretary of Commerce that such pay- condemnation of real property, as authorized in this Act or any other Act under the head- by law; environmental compliance and res- ing ‘‘National Oceanic and Atmospheric Ad- ments are in the public interest. øSEC. 202. During the current fiscal year, toration; space flight, spacecraft control and ministration, Procurement, Acquisition and appropriations made available to the Depart- communications activities including oper- Construction’’ shall be used to fund the Gen- ment of Commerce by this Act for salaries ations, production, and services; program eral Services Administration’s standard con- and expenses shall be available for hire of management; personnel and related costs, instruction and tenant build-out costs of a fa- passenger motor vehicles as authorized by 31 cluding uniforms or allowances therefor, as cility at the Suitland Federal Center. U.S.C. 1343 and 1344; services as authorized authorized by 5 U.S.C. 5901–5902; travel ex- øPACIFIC COASTAL SALMON RECOVERY by 5 U.S.C. 3109; and uniforms or allowances penses; purchase and hire of passenger motor øFor necessary expenses associated with therefor, as authorized by law (5 U.S.C. 5901– vehicles; not to exceed $35,000 for official re- the restoration of Pacific salmon popu- 5902). ception and representation expenses; and lations, $50,000,000: Provided, That this øSEC. 203. Not to exceed 5 percent of any purchase, lease, charter, maintenance and amount shall be available to fund grants to appropriation made available for the current operation of mission and administrative air- the States of Washington, Oregon, Idaho, fiscal year for the Department of Commerce craft, $9,725,750,000, to remain available until California, and Alaska, and to the Columbia in this Act may be transferred between such September 30, 2007, of which amounts as de- River and Pacific Coastal Tribes for projects appropriations, but no such appropriation termined by the Administrator for salaries necessary for restoration of salmon and shall be increased by more than 10 percent and benefits; training, travel and awards; fa- steelhead populations that are listed as by any such transfers: Provided, That any cility and related costs; information tech- threatened or endangered, or identified by a transfer pursuant to this section shall be nology services; science, engineering, fabri- State as at-risk to be so-listed, for maintain- treated as a reprogramming of funds under cating and testing services; and other admin- ing populations necessary for exercise of section 605 of this Act and shall not be avail- istrative services may be transferred to ‘‘Ex- tribal treaty fishing rights or native subsist- able for obligation or expenditure except in ploration Capabilities’’ in accordance with ence fishing, or for conservation of Pacific compliance with the procedures set forth in section 312(b) of the National Aeronautics coastal salmon and steelhead habitat: Pro- that section: Provided further, That the Sec- and Space Act of 1958, as amended by Public vided further, That funds disbursed to States retary of Commerce shall notify the Com- Law 106–377: Provided, That any funds pro- shall be subject to a matching requirement mittees on Appropriations at least 15 days in vided under this heading used to implement of funds or documented in-kind contribu- advance of the acquisition or disposal of any E-Government Initiatives shall be subject to tions of at least thirty-three percent of the capital asset (including land, structures, and the procedures set forth in section 605 of this Federal funds: Provided further, That, in equipment) not specifically provided for in Act. order to fulfill the matching requirement in this or any other Departments of Commerce, øEXPLORATION CAPABILITIES the previous proviso, non-Federal contribu- Justice, and State, the Judiciary, and Re- ø(INCLUDING TRANSFER OF FUNDS) tions of funds pursuant to the previous pro- lated Agencies Appropriations Act. ø viso must be used in direct support of this øSEC. 204. Any costs incurred by a depart- For necessary expenses, not otherwise program. ment or agency funded under this title re- provided for, in the conduct and support of exploration capabilities research and devel- øCOASTAL ZONE MANAGEMENT FUND sulting from personnel actions taken in re- opment activities, including research, devel- ø sponse to funding reductions included in this Of amounts collected pursuant to section opment, operations, support and services; 308 of the Coastal Zone Management Act of title or from actions taken for the care and protection of loan collateral or grant prop- maintenance; construction of facilities in- 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 cluding repair, rehabilitation, revitalization shall be transferred to the ‘‘Operations, Re- erty shall be absorbed within the total budgetary resources available to such department and modification of facilities, construction search, and Facilities’’ account to offset the of new facilities and additions to existing fa- costs of implementing such Act. or agency: Provided, That the authority to transfer funds between appropriations ac- cilities, facility planning and design, and ac- ø FISHERIES FINANCE PROGRAM ACCOUNT counts as may be necessary to carry out this quisition or condemnation of real property, øFor the costs of direct loans, $60,000, as section is provided in addition to authorities as authorized by law; environmental compli- authorized by the Merchant Marine Act of included elsewhere in this Act: Provided fur- ance and restoration; space flight, spacecraft 1936: Provided, That such costs, including the ther, That use of funds to carry out this sec- control and communications activities in- cost of modifying such loans, shall be as de- tion shall be treated as a reprogramming of cluding operations, production, and services; fined in the Federal Credit Reform Act of funds under section 605 of this Act and shall program management; personnel and related 1990: Provided further, That these funds are not be available for obligation or expendi- costs, including uniforms or allowances only available to subsidize gross obligations ture except in compliance with the proce- therefor, as authorized by 5 U.S.C. 5901–5902; for the principal amount of direct loans not dures set forth in that section. travel expenses; purchase and hire of pas- to exceed $5,000,000 for Individual Fishing øSEC. 205. Any funds provided in this Act senger motor vehicles; not to exceed $35,000 Quota loans, and not to exceed $18,900,000 for under ‘‘Department of Commerce’’ used to for official reception and representation ex- fishing capacity reduction loans: Provided implement E-Government Initiatives shall penses; and purchase, lease, charter, mainte- further, That none of the funds made avail- be subject to the procedures set forth in sec- nance and operation of mission and adminis- able under this heading may be used for dition 605 of this Act. trative aircraft, $6,712,900,000, to remain rect loans for any new fishing vessel that øThis title may be cited as the ‘‘Depart- available until September 30, 2007, of which will increase the harvesting capacity in any ment of Commerce and Related Agencies Ap- amounts as determined by the Administrator United States fishery. propriations Act, 2006’’. for salaries and benefits; training, travel and

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9752 CONGRESSIONAL RECORD — SENATE September 8, 2005 awards; facility and related costs; informa- treated as a reprogramming under section change Act of 1948; representation to certain tion technology services; science, engineer- 605 of this Act and shall not be available for international organizations in which the ing, fabricating and testing services; and obligation or expenditure except in compli- United States participates pursuant to trea- other administrative services may be trans- ance with the procedures set forth in that ties ratified pursuant to the advice and con- ferred to ‘‘Science, Aeronautics and Explo- section: Provided further, That receipts for sent of the Senate or specific Acts of Con- ration’’ in accordance with section 312(b) of scientific support services and materials fur- gress; arms control, nonproliferation and dis- the National Aeronautics and Space Act of nished by the National Research Centers and armament activities as authorized; acquisi- 1958, as amended by Public Law 106–377: Pro- other National Science Foundation sup- tion by exchange or purchase of passenger vided, That any funds provided under this ported research facilities may be credited to motor vehicles as authorized by law; and for heading used to implement E-Government this appropriation: Provided further, That expenses of general administration, Initiatives shall be subject to the procedures funds under this heading may be available $3,747,118,000: Provided, That not to exceed 71 set forth in section 605 of this Act. for innovation inducement prizes. permanent positions and $9,804,000 shall be øOFFICE OF INSPECTOR GENERAL øMAJOR RESEARCH EQUIPMENT AND FACILITIES for the Bureau of Legislative Affairs: Pro- øFor necessary expenses of the Office of In- CONSTRUCTION vided further, That, of the amount made spector General in carrying out the Inspec- øFor necessary expenses for the acquisi- available under this heading, not to exceed tor General Act of 1978, as amended, tion, construction, commissioning, and up- $4,000,000 may be transferred to, and merged $32,400,000. grading of major research equipment, facili- with, funds in the ‘‘Emergencies in the Dip- lomatic and Consular Service’’ appropria- ø ties, and other such capital assets pursuant ADMINISTRATIVE PROVISIONS tions account, to be available only for emer- øNotwithstanding the limitation on the to the National Science Foundation Act of 1950, as amended, including authorized trav- gency evacuations and terrorism rewards: availability of funds appropriated for Provided further, That, of the amount made ‘‘Science, Aeronautics and Exploration’’, or el, $193,350,000, to remain available until expended. available under this heading, $340,000,000 ‘‘Exploration Capabilities’’ by this appro- shall be available only for public diplomacy ø priations Act, when any activity has been EDUCATION AND HUMAN RESOURCES international information programs: Pro- initiated by the incurrence of obligations for øFor necessary expenses in carrying out vided further, That of the amount made avail- construction of facilities or environmental science and engineering education and able under this heading, $3,000,000 shall be compliance and restoration activities as au- human resources programs and activities available only for the operations of the Of- thorized by law, such amount available for pursuant to the National Science Founda- fice on Right-Sizing the United States Gov- such activity shall remain available until ex- tion Act of 1950, as amended (42 U.S.C. 1861– ernment Overseas Presence: Provided further, pended. This provision does not apply to the 1875), including services as authorized by 5 That funds available under this heading may amounts appropriated for institutional U.S.C. 3109, and rental of conference rooms be available for a United States Government minor revitalization and construction of fa- in the District of Columbia, $807,000,000, to interagency task force to examine, coordi- cilities, and institutional facility planning remain available until September 30, 2007. nate and oversee United States participation and design. øSALARIES AND EXPENSES in the United Nations headquarters renova- øNotwithstanding the limitation on the øFor salaries and expenses necessary in tion project: Provided further, That no funds availability of funds appropriated for carrying out the National Science Founda- may be obligated or expended for processing ‘‘Science, Aeronautics and Exploration’’, or tion Act of 1950, as amended (42 U.S.C. 1861– licenses for the export of satellites of United ‘‘Exploration Capabilities’’ by this appro- 1875); services authorized by 5 U.S.C. 3109; States origin (including commercial sat- priations Act, the amounts appropriated for hire of passenger motor vehicles; not to ex- ellites and satellite components) to the Peo- construction of facilities shall remain avail- ceed $9,000 for official reception and rep- ple’s Republic of China unless, at least 15 able until September 30, 2008. days in advance, the Committees on Appro- øFrom amounts made available in this Act resentation expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; priations of the House of Representatives for these activities, subject to the operating and the Senate are notified of such proposed plan procedures of the House and Senate rental of conference rooms in the District of Columbia; and reimbursement of the General action. Committees on Appropriations, the Adminis- øIn addition, not to exceed $1,469,000 shall trator may transfer amounts between the Services Administration for security guard services; $250,000,000: Provided, That con- be derived from fees collected from other ex- ‘‘Science, Aeronautics, and Exploration’’ ac- ecutive agencies for lease or use of facilities count and the ‘‘Exploration Capabilities’’ ac- tracts may be entered into under ‘‘Salaries and Expenses’’ in fiscal year 2006 for mainte- located at the International Center in account during fiscal year 2006. cordance with section 4 of the International ø nance and operation of facilities, and for Funds for announced prizes otherwise au- Center Act; in addition, as authorized by sec- thorized shall remain available, without fis- other services, to be provided during the next fiscal year. tion 5 of such Act, $490,000, to be derived cal year limitation, until the prize is from the reserve authorized by that section, øOFFICE OF THE NATIONAL SCIENCE BOARD claimed or the offer is withdrawn. to be used for the purposes set out in that ø Funding made available under the head- øFor necessary expenses (including pay- section; in addition, as authorized by section ings ‘‘Exploration Capabilities’’ and ment of salaries, authorized travel, hire of 810 of the United States Information and ‘‘Science, Aeronautics, and Exploration’’ in passenger motor vehicles, the rental of con- Educational Exchange Act, not to exceed this Act shall be governed by the terms and ference rooms in the District of Columbia, $6,000,000, to remain available until ex- conditions specified in the statement of and the employment of experts and consult- pended, may be credited to this appropria- managers accompanying the conference re- ants under section 3109 of title 5, United tion from fees or other payments received port for this Act. States Code) involved in carrying out section from English teaching, library, motion pic- øNATIONAL SCIENCE FOUNDATION 4 of the National Science Foundation Act of tures, and publication programs and from øRESEARCH AND RELATED ACTIVITIES 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 fees from educational advising and coun- U.S.C. 1880 et seq.), $4,000,000: Provided, That øFor necessary expenses in carrying out seling and exchange visitor programs; and, in not more than $9,000 shall be available for of- the National Science Foundation Act of 1950, addition, not to exceed $15,000, which shall be ficial reception and representation expenses. as amended (42 U.S.C. 1861–1875), and the Act derived from reimbursements, surcharges, ø to establish a National Medal of Science (42 OFFICE OF INSPECTOR GENERAL and fees for use of Blair House facilities. ø U.S.C. 1880–1881); services as authorized by 5 øFor necessary expenses of the Office of In- In addition, for the costs of worldwide se- U.S.C. 3109; maintenance and operation of spector General as authorized by the Inspec- curity upgrades, $689,523,000, to remain avail- aircraft and purchase of flight services for tor General Act of 1978, as amended, able until expended. research support; acquisition of aircraft; $11,500,000, to remain available until Sep- øCAPITAL INVESTMENT FUND $4,377,520,000 to remain available until Sep- tember 30, 2007. øFor necessary expenses of the Capital In- tember 30, 2007, of which not to exceed øThis title may be cited as the ‘‘Science vestment Fund, $128,263,000 (reduced by $425,000,000 shall remain available until ex- Appropriations Act, 2006’’. $59,142,000), to remain available until expended for Polar research and operations øTITLE IV—DEPARTMENT OF STATE AND pended, as authorized: Provided, That section support, and for reimbursement to other RELATED AGENCY 135(e) of Public Law 103–236 shall not apply Federal agencies for operational and science øDEPARTMENT OF STATE to funds available under this heading. support and logistical and other related ac- øADMINISTRATION OF FOREIGN AFFAIRS øOFFICE OF INSPECTOR GENERAL tivities for the United States Antarctic pro- øFor necessary expenses of the Office of In- gram: Provided, That from amounts specified øDIPLOMATIC AND CONSULAR PROGRAMS spector General, $29,983,000, notwithstanding for Polar research and operations support, øFor necessary expenses of the Department section 209(a)(1) of the Foreign Service Act the National Science Foundation may reim- of State and the Foreign Service not other- of 1980 (Public Law 96–465), as it relates to burse the Coast Guard for such sums as de- wise provided for, including employment, post inspections. termined by the Director of the National without regard to civil service and classifica- Science Foundation to be necessary to sup- tion laws, of persons on a temporary basis øEDUCATIONAL AND CULTURAL EXCHANGE port the Foundation’s mission requirements: (not to exceed $700,000 of this appropriation), PROGRAMS Provided further, That any reimbursement as authorized by section 801 of the United øFor expenses of educational and cultural pursuant to the previous proviso shall be States Information and Educational Ex- exchange programs, as authorized,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9753 $410,400,000, to remain available until ex- gress, $1,166,212,000 (reduced by $21,947,600): court monitoring that is part of any United pended: Provided, That not to exceed Provided, That the Secretary of State shall, Nations peacekeeping mission. $2,000,000, to remain available until ex- at the time of the submission of the Presi- øINTERNATIONAL COMMISSIONS pended, may be credited to this appropria- dent’s budget to Congress under section øFor necessary expenses, not otherwise tion from fees or other payments received 1105(a) of title 31, United States Code, trans- provided for, to meet obligations of the from or in connection with English teaching, mit to the Committees on Appropriations of United States arising under treaties, or spe- educational advising and counseling pro- the Senate and of the House of Representa- cific Acts of Congress, as follows: grams, and exchange visitor programs as au- tives the most recent biennial budget pre- øINTERNATIONAL BOUNDARY AND WATER thorized. pared by the United Nations for the oper- COMMISSION, UNITED STATES AND MEXICO ations of the United Nations: Provided fur- øREPRESENTATION ALLOWANCES ø ther, That the Secretary of State shall notify For necessary expenses for the United øFor representation allowances as author- the Committees on Appropriations at least States Section of the International Bound- ized, $8,281,000. 15 days in advance (or in an emergency, as ary and Water Commission, United States øPROTECTION OF FOREIGN MISSIONS AND far in advance as is practicable) of any and Mexico, and to comply with laws appli- OFFICIALS United Nations action to increase funding cable to the United States Section, including øFor expenses, not otherwise provided, to for any United Nations program without not to exceed $6,000 for representation; as enable the Secretary of State to provide for identifying an offsetting decrease elsewhere follows: extraordinary protective services, as author- in the United Nations budget and cause the øSALARIES AND EXPENSES ized, $9,390,000, to remain available until Sep- United Nations budget for the biennium 2006– øFor salaries and expenses, not otherwise tember 30, 2007. 2007 to exceed the revised United Nations provided for, $27,000,000. øEMBASSY SECURITY, CONSTRUCTION, AND budget level for the biennium 2004–2005 of øCONSTRUCTION MAINTENANCE $3,695,480,000: Provided further, That any pay- øFor detailed plan preparation and con- ment of arrearages under this title shall be øFor necessary expenses for carrying out struction of authorized projects, $5,300,000, to directed toward special activities that are the Foreign Service Buildings Act of 1926 (22 remain available until expended, as author- mutually agreed upon by the United States U.S.C. 292–303), preserving, maintaining, re- ized. and the respective international organiza- pairing, and planning for buildings that are øAMERICAN SECTIONS, INTERNATIONAL tion: Provided further, That none of the funds owned or directly leased by the Department COMMISSIONS appropriated in this paragraph shall be avail- of State, renovating, in addition to funds øFor necessary expenses, not otherwise able for a United States contribution to an otherwise available, the Harry S Truman provided, for the International Joint Com- international organization for the United Building, and carrying out the Diplomatic mission and the International Boundary States share of interest costs made known to Security Construction Program as author- Commission, United States and Canada, as the United States Government by such orga- ized, $603,510,000, to remain available until authorized by treaties between the United nization for loans incurred on or after Octo- expended as authorized, of which not to ex- States and Canada or Great Britain, and for ber 1, 1984, through external borrowings. ceed $25,000 may be used for domestic and the Border Environment Cooperation Com- ø overseas representation as authorized: Pro- CONTRIBUTIONS FOR INTERNATIONAL mission as authorized by Public Law 103–182, vided, That none of the funds appropriated in PEACEKEEPING ACTIVITIES $9,500,000, of which not to exceed $9,000 shall this paragraph shall be available for acquisi- øFor necessary expenses to pay assessed be available for representation expenses in- tion of furniture, furnishings, or generators and other expenses of international peace- curred by the International Joint Commis- for other departments and agencies. keeping activities directed to the mainte- sion. nance or restoration of international peace øIn addition, for the costs of worldwide se- øINTERNATIONAL FISHERIES COMMISSIONS and security, $1,035,500,000, of which 15 per- curity upgrades, acquisition, and construc- øFor necessary expenses for international cent shall remain available until September tion as authorized, $910,200,000, to remain fisheries commissions, not otherwise pro- 30, 2007: Provided, That none of the funds available until expended. vided for, as authorized by law, $22,000,000: made available under this Act shall be obli- øEMERGENCIES IN THE DIPLOMATIC AND Provided, That the United States’ share of gated or expended for any new or expanded CONSULAR SERVICE such expenses may be advanced to the re- United Nations peacekeeping mission unless, spective commissions pursuant to 31 U.S.C. øFor expenses necessary to enable the Sec- at least 15 days in advance of voting for the 3324. retary of State to meet unforeseen emer- new or expanded mission in the United Na- gencies arising in the Diplomatic and Con- tions Security Council (or in an emergency øOTHER sular Service, $10,000,000, to remain available as far in advance as is practicable): (1) the øPAYMENT TO THE ASIA FOUNDATION until expended as authorized, of which not to Committees on Appropriations of the House øFor a grant to the Asia Foundation, as exceed $1,000,000 may be transferred to and of Representatives and the Senate and other authorized by the Asia Foundation Act (22 merged with the Repatriation Loans Pro- appropriate committees of the Congress are U.S.C. 4402), $10,000,000, to remain available gram Account, subject to the same terms notified of the estimated cost and length of until expended, as authorized. and conditions. the mission, the vital national interest that øEISENHOWER EXCHANGE FELLOWSHIP PROGRAM ø REPATRIATION LOANS PROGRAM ACCOUNT will be served, and the planned exit strategy; øFor necessary expenses of Eisenhower Ex- øFor the cost of direct loans, $712,000, as (2) the Committees on Appropriations of the change Fellowships, Incorporated, as author- authorized: Provided, That such costs, includ- House of Representatives and the Senate and ized by sections 4 and 5 of the Eisenhower ing the cost of modifying such loans, shall be other appropriate committees of the Con- Exchange Fellowship Act of 1990 (20 U.S.C. as defined in section 502 of the Congressional gress are notified that the United Nations 5204–5205), all interest and earnings accruing Budget Act of 1974. In addition, for adminis- has taken appropriate measures to prevent to the Eisenhower Exchange Fellowship Pro- trative expenses necessary to carry out the United Nations employees, contractor per- gram Trust Fund on or before September 30, direct loan program, $607,000, which may be sonnel, and peacekeeping forces serving in 2006, to remain available until expended: Pro- transferred to and merged with the Diplo- any United Nations peacekeeping mission vided, That none of the funds appropriated matic and Consular Programs account under from trafficking in persons, exploiting vic- herein shall be used to pay any salary or Administration of Foreign Affairs. tims of trafficking, or committing acts of il- other compensation, or to enter into any legal sexual exploitation, and to hold ac- øPAYMENT TO THE AMERICAN INSTITUTE IN contract providing for the payment thereof, countable any such individuals who engage TAIWAN in excess of the rate authorized by 5 U.S.C. in any such acts while participating in the øFor necessary expenses to carry out the 5376; or for purposes which are not in accord- peacekeeping mission; and (3) a reprogram- ance with OMB Circulars A–110 (Uniform Ad- Taiwan Relations Act (Public Law 96–8), ming of funds pursuant to section 605 of this $19,751,000. ministrative Requirements) and A–122 (Cost Act is submitted, and the procedures therein Principles for Non-profit Organizations), in- ø PAYMENT TO THE FOREIGN SERVICE followed, setting forth the source of funds cluding the restrictions on compensation for RETIREMENT AND DISABILITY FUND that will be used to pay for the cost of the personal services. ø new or expanded mission: Provided further, For payment to the Foreign Service Re- øISRAELI ARAB SCHOLARSHIP PROGRAM That funds shall be available for peace- tirement and Disability Fund, as authorized øFor necessary expenses of the Israeli Arab by law, $131,700,000. keeping expenses only upon a certification by the Secretary of State to the appropriate Scholarship Program as authorized by sec- øINTERNATIONAL ORGANIZATIONS committees of the Congress that American tion 214 of the Foreign Relations Authoriza- øCONTRIBUTIONS TO INTERNATIONAL manufacturers and suppliers are being given tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. ORGANIZATIONS opportunities to provide equipment, services, 2452), all interest and earnings accruing to øFor expenses, not otherwise provided for, and material for United Nations peace- the Israeli Arab Scholarship Fund on or be- necessary to meet annual obligations of keeping activities equal to those being given fore September 30, 2006, to remain available membership in international multilateral or- to foreign manufacturers and suppliers: Pro- until expended. ganizations, pursuant to treaties ratified vided further, That none of the funds made øEAST-WEST CENTER pursuant to the advice and consent of the available under this heading are available to øTo enable the Secretary of State to pro- Senate, conventions or specific Acts of Con- pay the United States share of the cost of vide for carrying out the provisions of the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9754 CONGRESSIONAL RECORD — SENATE September 8, 2005

Center for Cultural and Technical Inter- øSEC. 403. None of the funds made available none of the funds appropriated in this para- change Between East and West Act of 1960, in this Act may be used by the Department graph shall be used to employ in excess of by grant to the Center for Cultural and of State or the Broadcasting Board of Gov- four full-time individuals under Schedule C Technical Interchange Between East and ernors to provide equipment, technical sup- of the Excepted Service exclusive of one spe- West in the State of Hawaii, $6,000,000: Pro- port, consulting services, or any other form cial assistant for each Commissioner: Pro- vided, That none of the funds appropriated of assistance to the Palestinian Broadcasting vided further, That none of the funds appro- herein shall be used to pay any salary, or Corporation. priated in this paragraph shall be used to re- enter into any contract providing for the øSEC. 404. (a) The Senior Policy Operating imburse Commissioners for more than 75 payment thereof, in excess of the rate au- Group on Trafficking in Persons, established billable days, with the exception of the thorized by 5 U.S.C. 5376. under section 406 of division B of Public Law chairperson, who is permitted 125 billable øNATIONAL ENDOWMENT FOR DEMOCRACY 108–7 to coordinate agency activities regard- days. ing policies (including grants and grant poli- øFor grants made by the Department of øCOMMISSION ON INTERNATIONAL RELIGIOUS cies) involving the international trafficking State to the National Endowment for De- FREEDOM in persons, shall coordinate all such policies mocracy as authorized by the National En- øSALARIES AND EXPENSES related to the activities of traffickers and dowment for Democracy Act, $50,000,000, to ø victims of severe forms of trafficking. For necessary expenses for the United remain available until expended. ø(b) None of the funds provided in this or States Commission on International Reli- øRELATED AGENCY any other Act shall be expended to perform gious Freedom, as authorized by title II of øBROADCASTING BOARD OF GOVERNORS functions that duplicate coordinating re- the International Religious Freedom Act of 1998 (Public Law 105–292), $3,200,000, to re- øINTERNATIONAL BROADCASTING OPERATIONS sponsibilities of the Operating Group. ø main available until expended. øFor expenses necessary to enable the (c) The Operating Group shall continue to øCOMMISSION ON SECURITY AND COOPERATION Broadcasting Board of Governors, as author- report only to the authorities that appointed IN EUROPE ized, to carry out international communica- them pursuant to section 406 of division B of tion activities, including the purchase, in- Public Law 108–7. øSALARIES AND EXPENSES ø stallation, rent, and improvement of facili- SEC. 405. Any funds provided in this Act øFor necessary expenses of the Commission ties for radio and television transmission under ‘‘Department of State’’ used to imple- on Security and Cooperation in Europe, as and reception to Cuba, and to make and su- ment E-Government Initiatives shall be sub- authorized by Public Law 94–304, $2,030,000, to pervise grants for radio and television broad- ject to the procedures set forth in section 605 remain available until expended as author- casting to the Middle East, $620,000,000: Pro- of this Act. ized by section 3 of Public Law 99–7. øSEC. 406. (a) Subsection (f) of section 36 of vided, That of the total amount in this head- ø the State Department Basic Authorities Act CONGRESSIONAL-EXECUTIVE COMMISSION ON ing, not to exceed $16,000 may be used for of- of 1956 (22 U.S.C. 2708(f)) is amended— THE PEOPLE’S REPUBLIC OF CHINA ficial receptions within the United States as ø(1) by striking ‘‘(f) INELIGIBILITY.—An offi- øSALARIES AND EXPENSES authorized, not to exceed $35,000 may be used cer’’ and inserting the following: øFor necessary expenses of the Congres- for representation abroad as authorized, and ø‘‘(f) INELIGIBILITY.— sional-Executive Commission on the People’s not to exceed $39,000 may be used for official ø‘‘(1) IN GENERAL.—Except as provided in Republic of China, as authorized, $1,900,000, reception and representation expenses of paragraph (2), an officer’’; and including not more than $3,000 for the pur- Radio Free Europe/Radio Liberty; and in ad- ø(2) by adding at the end the following new pose of official representation, to remain dition, notwithstanding any other provision paragraph: available until expended. of law, not to exceed $2,000,000 in receipts ø‘‘(2) EXCEPTION IN CERTAIN CIR- from advertising and revenue from business øEQUAL EMPLOYMENT OPPORTUNITY CUMSTANCES.—The Secretary may pay a re- ventures, not to exceed $500,000 in receipts COMMISSION ward to an officer or employee of a foreign from cooperating international organiza- øSALARIES AND EXPENSES government (or any entity thereof) who, tions, and not to exceed $1,000,000 in receipts ø while in the performance of his or her offi- For necessary expenses of the Equal Em- from privatization efforts of the Voice of cial duties, furnishes information described ployment Opportunity Commission as au- America and the International Broadcasting in such subsection, if the Secretary deter- thorized by title VII of the Civil Rights Act Bureau, to remain available until expended mines that such payment satisfies the fol- of 1964 (29 U.S.C. 206(d) and 621–634), the for carrying out authorized purposes. lowing conditions: Americans with Disabilities Act of 1990, and ø BROADCASTING CAPITAL IMPROVEMENTS ø‘‘(A) Such payment is appropriate in light the Civil Rights Act of 1991, including serv- øFor the purchase, rent, construction, and of the exceptional or high-profile nature of ices as authorized by 5 U.S.C. 3109; hire of improvement of facilities for radio and tele- the information furnished pursuant to such passenger motor vehicles as authorized by 31 vision transmission and reception, and pur- subsection. U.S.C. 1343(b); non-monetary awards to pri- chase and installation of necessary equip- ø‘‘(B) Such payment may aid in furnishing vate citizens; and not to exceed $33,000,000 for ment for radio and television transmission further information described in such sub- payments to State and local enforcement and reception as authorized, $10,893,000, to re- section. agencies for services to the Commission pur- main available until expended, as author- ø‘‘(C) Such payment is formally requested suant to title VII of the Civil Rights Act of ized. by such agency.’’. 1964, sections 6 and 14 of the Age Discrimina- tion in Employment Act, the Americans øGENERAL PROVISIONS—DEPARTMENT OF ø(b) Subsection (b) of such section (22 with Disabilities Act of 1990, and the Civil STATE AND RELATED AGENCY U.S.C. 2708(b)) is amended in the matter pre- Rights Act of 1991, $331,228,000: Provided, That ø ceding paragraph (1) by inserting ‘‘or to an SEC. 401. Funds appropriated under this the Commission is authorized to make avail- title shall be available, except as otherwise officer or employee of a foreign government in accordance with subsection (f)(2)’’ after able for official reception and representation provided, for allowances and differentials as expenses not to exceed $2,500 from available authorized by subchapter 59 of title 5, United ‘‘individual’’. øThis title may be cited as the ‘‘Depart- funds: Provided further, That the Commission States Code; for services as authorized by 5 may take no action to implement any work- U.S.C. 3109; and for hire of passenger trans- ment of State and Related Agency Appro- priations Act, 2006’’. force repositioning, restructuring, or reorga- portation pursuant to 31 U.S.C. 1343(b). nization until such time as the Committees ø øTITLE V—RELATED AGENCIES SEC. 402. Not to exceed 5 percent of any on Appropriations have been notified of such appropriation made available for the current øANTITRUST MODERNIZATION COMMISSION proposals, in accordance with the reprogram- fiscal year for the Department of State in øSALARIES AND EXPENSES ming provisions of section 605 of this Act. this Act may be transferred between such ap- ø øFEDERAL COMMUNICATIONS COMMISSION propriations, but no such appropriation, ex- For necessary expenses of the Antitrust cept as otherwise specifically provided, shall Modernization Commission, as authorized by øSALARIES AND EXPENSES be increased by more than 10 percent by any Public Law 107–273, $1,172,000, to remain øFor necessary expenses of the Federal such transfers: Provided, That not to exceed available until expended. Communications Commission, as authorized 5 percent of any appropriation made avail- øCOMMISSION FOR THE PRESERVATION OF by law, including uniforms and allowances able for the current fiscal year for the Broad- AMERICA’S HERITAGE ABROAD therefor, as authorized by 5 U.S.C. 5901–5902; casting Board of Governors in this Act may øSALARIES AND EXPENSES not to exceed $4,000 for official reception and be transferred between such appropriations, øFor expenses for the Commission for the representation expenses; purchase and hire but no such appropriation, except as other- Preservation of America’s Heritage Abroad, of motor vehicles; special counsel fees; and wise specifically provided, shall be increased $499,000, as authorized by section 1303 of Pub- services as authorized by 5 U.S.C. 3109, by more than 10 percent by any such trans- lic Law 99–83. $289,771,000: Provided, That $288,771,000 of off- fers: Provided further, That any transfer pur- setting collections shall be assessed and col- øCOMMISSION ON CIVIL RIGHTS suant to this section shall be treated as a re- lected pursuant to section 9 of title I of the programming of funds under section 605 of øSALARIES AND EXPENSES Communications Act of 1934, shall be re- this Act and shall not be available for obliga- øFor necessary expenses of the Commission tained and used for necessary expenses in tion or expenditure except in compliance on Civil Rights, including hire of passenger this appropriation, and shall remain avail- with the procedures set forth in that section. motor vehicles, $9,096,000: Provided, That able until expended: Provided further, That

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9755 the sum herein appropriated shall be reduced priated in this Act to the Legal Services Cor- $1,000,000 shall be for the National Veterans as such offsetting collections are received poration shall be subject to the same terms Business Development Corporation: Provided during fiscal year 2006 so as to result in a and conditions set forth in such sections, ex- further, That any funds provided under this final fiscal year 2006 appropriation estimated cept that all references in sections 502 and heading used to implement E-Government at $1,000,000: Provided further, That any off- 503 to 1997 and 1998 shall be deemed to refer Initiatives shall be subject to the procedures setting collections received in excess of instead to 2005 and 2006, respectively. set forth in section 605 of this Act. $288,771,000 in fiscal year 2006 shall remain øMARINE MAMMAL COMMISSION øOFFICE OF INSPECTOR GENERAL available until expended, but shall not be øSALARIES AND EXPENSES øFor necessary expenses of the Office of In- available for obligation until October 1, 2006: spector General in carrying out the provi- Provided further, That any funds provided øFor necessary expenses of the Marine sions of the Inspector General Act of 1978, under this heading used to implement E-Gov- Mammal Commission as authorized by title $13,500,000. ernment Initiatives shall be subject to the II of Public Law 92–522, $1,865,000. ø procedures set forth in section 605 of this øSECURITIES AND EXCHANGE COMMISSION SURETY BOND GUARANTEES REVOLVING FUND ø Act. øSALARIES AND EXPENSES For additional capital for the Surety Bond Guarantees Revolving Fund, author- øFEDERAL TRADE COMMISSION ø For necessary expenses for the Securities ized by the Small Business Investment Act, øSALARIES AND EXPENSES and Exchange Commission, including serv- as amended, $2,861,000, to remain available øFor necessary expenses of the Federal ices as authorized by 5 U.S.C. 3109, the rental until expended. Trade Commission, including uniforms or al- of space (to include multiple year leases) in øBUSINESS LOANS PROGRAM ACCOUNT lowances therefor, as authorized by 5 U.S.C. the District of Columbia and elsewhere, and 5901–5902; services as authorized by 5 U.S.C. not to exceed $3,000 for official reception and øFor the cost of direct loans, $1,000,000, to 3109; hire of passenger motor vehicles; and representation expenses, $888,117,000, to re- remain available until expended: Provided, not to exceed $2,000 for official reception and main available until expended; of which not That such costs, including the cost of modi- representation expenses, $211,000,000, to re- to exceed $10,000 may be used toward funding fying such loans, shall be as defined in sec- main available until expended: Provided, a permanent secretariat for the Inter- tion 502 of the Congressional Budget Act of That not to exceed $300,000 shall be available national Organization of Securities Commis- 1974: Provided further, That subject to section for use to contract with a person or persons sions; and of which not to exceed $100,000 502 of the Congressional Budget Act of 1974, for collection services in accordance with shall be available for expenses for consulta- during fiscal year 2006 commitments to guar- the terms of 31 U.S.C. 3718: Provided further, tions and meetings hosted by the Commis- antee loans under section 503 of the Small That, notwithstanding any other provision sion with foreign governmental and other Business Investment Act of 1958, shall not of law, not to exceed $116,000,000 of offsetting regulatory officials, members of their dele- exceed $6,000,000,000: Provided further, That collections derived from fees collected for gations, appropriate representatives and during fiscal year 2006 commitments for gen- premerger notification filings under the staff to exchange views concerning develop- eral business loans authorized under section Hart-Scott-Rodino Antitrust Improvements ments relating to securities matters, devel- 7(a) of the Small Business Act, shall not ex- Act of 1976 (15 U.S.C. 18a), regardless of the opment and implementation of cooperation ceed $16,500,000,000: Provided further, That year of collection, shall be retained and used agreements concerning securities matters during fiscal year 2006 commitments to guar- for necessary expenses in this appropriation: and provision of technical assistance for the antee loans for debentures under section Provided further, That $23,000,000 in offsetting development of foreign securities markets, 303(b) of the Small Business Investment Act collections derived from fees sufficient to such expenses to include necessary logistic of 1958, shall not exceed $3,000,000,000: Pro- implement and enforce the Telemarketing and administrative expenses and the ex- vided further, That during fiscal year 2006 Sales Rule, promulgated under the Tele- penses of Commission staff and foreign guarantees of trust certificates authorized phone Consumer Fraud and Abuse Preven- invitees in attendance at such consultations by section 5(g) of the Small Business Act tion Act (15 U.S.C. 6101 et seq.), shall be cred- and meetings including: (1) such incidental shall not exceed a principal amount of ited to this account, and be retained and expenses as meals taken in the course of $12,000,000,000. used for necessary expenses in this appro- such attendance; (2) any travel and transpor- øIn addition, for administrative expenses priation: Provided further, That the sum here- tation to or from such meetings; and (3) any to carry out the direct and guaranteed loan in appropriated from the general fund shall other related lodging or subsistence: Pro- programs, $124,961,000 (increased by be reduced as such offsetting collections are vided, That fees and charges authorized by $79,132,000), which may be transferred to and received during fiscal year 2006, so as to re- sections 6(b) of the Securities Exchange Act merged with the appropriations for Salaries sult in a final fiscal year 2006 appropriation of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and and Expenses. from the general fund estimated at not more 31 of the Securities Exchange Act of 1934 (15 øDISASTER LOANS PROGRAM ACCOUNT than $72,000,000: Provided further, That none U.S.C. 78m(e), 78n(g), and 78ee), shall be cred- øFor the cost of direct loans authorized by of the funds made available to the Federal ited to this account as offsetting collections: section 7(b) of the Small Business Act, Trade Commission may be used to enforce Provided further, That not to exceed $79,538,000, to remain available until ex- subsection (e) of section 43 of the Federal De- $863,117,000 of such offsetting collections pended: Provided, That such costs, including posit Insurance Act (12 U.S.C. 1831t) or sec- shall be available until expended for nec- the cost of modifying such loans, shall be as tion 151(b)(2) of the Federal Deposit Insur- essary expenses of this account: Provided fur- defined in section 502 of the Congressional ance Corporation Improvement Act of 1991 ther, That $25,000,000 shall be derived from Budget Act of 1974. (12 U.S.C. 1831t note). prior year unobligated balances from funds øIn addition, for administrative expenses øHELP COMMISSION previously appropriated to the Securities to carry out the direct loan program author- and Exchange Commission: Provided further, øSALARIES AND EXPENSES ized by section 7(b), of the Small Business That the total amount appropriated under øFor necessary expenses of the HELP Com- Act, $49,716,000, which may be transferred to this heading from the general fund for fiscal and merged with appropriations for Salaries mission, $1,000,000, to remain available until year 2006 shall be reduced as such offsetting expended. and Expenses, of which $900,000 is for the Of- fees are received so as to result in a final fice of Inspector General of the Small Busi- ø LEGAL SERVICES CORPORATION total fiscal year 2006 appropriation from the ness Administration for audits and reviews øPAYMENT TO THE LEGAL SERVICES general fund estimated at not more than $0. of disaster loans and the disaster loan pro- CORPORATION øSMALL BUSINESS ADMINISTRATION gram and shall be transferred to and merged øFor payment to the Legal Services Cor- øSALARIES AND EXPENSES with appropriations for the Office of Inspec- tor General; of which $40,316,000 is for direct poration to carry out the purposes of the øFor necessary expenses, not otherwise administrative expenses of loan making and Legal Services Corporation Act of 1974, provided for, of the Small Business Adminis- servicing to carry out the direct loan pro- $330,803,000, of which $313,683,000 is for basic tration as authorized by Public Law 108–447, gram, to remain available until expended; field programs and required independent au- including hire of passenger motor vehicles as and of which $8,500,000 is for indirect admin- dits; $2,539,000 is for the Office of Inspector authorized by 31 U.S.C. 1343 and 1344, and not istrative expenses: Provided, That any General, of which such amounts as may be to exceed $3,500 for official reception and rep- amount in excess of $8,500,000 to be trans- necessary may be used to conduct additional resentation expenses, $318,029,000 (reduced by ferred to and merged with appropriations for audits of recipients; $12,826,000 is for manage- $13,441,000): Provided, That the Administrator Salaries and Expenses for indirect adminis- ment and administration; and $1,755,000 is for is authorized to charge fees to cover the cost trative expenses shall be treated as a re- client self-help and information technology. of publications developed by the Small Busi- programming of funds under section 605 of øADMINISTRATIVE PROVISION—LEGAL SERVICES ness Administration, and certain loan serv- this Act and shall not be available for obliga- CORPORATION icing activities: Provided further, That, not- tion or expenditure except in compliance øNone of the funds appropriated in this Act withstanding 31 U.S.C. 3302, revenues re- with the procedures set forth in that section. to the Legal Services Corporation shall be ceived from all such activities shall be cred- expended for any purpose prohibited or limited to this account, to be available for car- øADMINISTRATIVE PROVISION—SMALL BUSINESS ited by, or contrary to any of the provisions rying out these purposes without further ap- ADMINISTRATION of, sections 501, 502, 503, 504, 505, and 506 of propriations: Provided further, That, of the øNot to exceed 5 percent of any appropria- Public Law 105–119, and all funds appro- funds made available under this heading, tion made available for the current fiscal

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9756 CONGRESSIONAL RECORD — SENATE September 8, 2005 year for the Small Business Administration ø(b) None of the funds provided under this funds under section 605 of this Act and shall in this Act may be transferred between such Act, or provided under previous appropria- not be available for obligation or expendi- appropriations, but no such appropriation tions Acts to the agencies funded by this Act ture except in compliance with the proce- shall be increased by more than 10 percent that remain available for obligation or ex- dures set forth in that section. by any such transfers: Provided, That any penditure in fiscal year 2006, or provided øSEC. 611. None of the funds provided by transfer pursuant to this paragraph shall be from any accounts in the Treasury of the this Act shall be available to promote the treated as a reprogramming of funds under United States derived by the collection of sale or export of tobacco or tobacco prod- section 605 of this Act and shall not be avail- fees available to the agencies funded by this ucts, or to seek the reduction or removal by able for obligation or expenditure except in Act, shall be available for obligation or ex- any foreign country of restrictions on the compliance with the procedures set forth in penditure for activities, programs, or marketing of tobacco or tobacco products, that section. projects through a reprogramming of funds except for restrictions which are not applied øSTATE JUSTICE INSTITUTE in excess of $500,000 or 10 percent, whichever equally to all tobacco or tobacco products of is less, that: (1) augments existing programs, the same type. øSALARIES AND EXPENSES projects, or activities; (2) reduces by 10 per- øSEC. 612. (a) None of the funds appro- øFor necessary expenses of the State Jus- cent funding for any existing program, priated or otherwise made available by this tice Institute, as authorized by the State project, or activity, or numbers of personnel Act shall be expended for any purpose for Justice Institute Authorization Act of 1992 by 10 percent as approved by Congress; or (3) which appropriations are prohibited by sec- (Public Law 102–572), $2,000,000: Provided, results from any general savings, including tion 616 of the Departments of Commerce, That not to exceed $2,500 shall be available savings from a reduction in personnel, which Justice, and State, the Judiciary, and Re- for official reception and representation ex- would result in a change in existing pro- lated Agencies Appropriations Act, 1999. penses. grams, activities, or projects as approved by ø(b) The requirements in subsections (b) øUNITED STATES-CHINA ECONOMIC AND Congress; unless the Appropriations Commit- and (c) of section 616 of that Act shall con- SECURITY REVIEW COMMISSION tees of both Houses of Congress are notified tinue to apply during fiscal year 2006. øSEC. 613. None of the funds appropriated øSALARIES AND EXPENSES 15 days in advance of such reprogramming of pursuant to this Act or any other provision øFor necessary expenses of the United funds. øSEC. 606. None of the funds made available of law may be used for— States-China Economic and Security Review in this Act may be used to implement, ad- ø(1) the implementation of any tax or fee Commission, $4,000,000, including not more minister, or enforce any guidelines of the in connection with the implementation of than $5,000 for the purpose of official rep- Equal Employment Opportunity Commission subsection 922(t) of title 18, United States resentation, to remain available until ex- covering harassment based on religion, when Code; and pended. it is made known to the Federal entity or of- ø(2) any system to implement subsection øUNITED STATES INSTITUTE OF PEACE ficial to which such funds are made available 922(t) of title 18, United States Code, that øOPERATING EXPENSES that such guidelines do not differ in any re- does not require and result in the destruc- øFor necessary expenses of the United spect from the proposed guidelines published tion of any identifying information sub- States Institute of Peace as authorized in by the Commission on October 1, 1993 (58 mitted by or on behalf of any person who has the United States Institute of Peace Act, Fed. Reg. 51266). been determined not to be prohibited from $22,850,000, to remain available until ex- øSEC. 607. None of the funds made available possessing or receiving a firearm no more pended. by this Act may be used for any United Na- than 24 hours after the system advises a Fed- tions undertaking when it is made known to eral firearms licensee that possession or re- øTITLE VI—GENERAL PROVISIONS the Federal official having authority to obli- ceipt of a firearm by the prospective trans- øSEC. 601. No part of any appropriation gate or expend such funds that: (1) the feree would not violate subsection (g) or (n) contained in this Act shall be used for pub- United Nations undertaking is a peace- of section 922 of title 18, United States Code, licity or propaganda purposes not authorized keeping mission; (2) such undertaking will or State law. by the Congress. involve United States Armed Forces under øSEC. 614. None of the funds made available ø SEC. 602. No part of any appropriation the command or operational control of a for- in this Act may be used to pay the salaries contained in this Act shall remain available eign national; and (3) the President’s mili- and expenses of personnel of the Department for obligation beyond the current fiscal year tary advisors have not submitted to the of Justice to obligate more than $625,000,000 unless expressly so provided herein. President a recommendation that such in- during fiscal year 2006 from the Fund estab- ø SEC. 603. The expenditure of any appro- volvement is in the national security inter- lished by section 1402 of chapter XIV of title priation under this Act for any consulting ests of the United States and the President II of Public Law 98–473 (42 U.S.C. 10601). service through procurement contract, pur- has not submitted to the Congress such a øSEC. 615. None of the funds made available suant to 5 U.S.C. 3109, shall be limited to recommendation. to the Department of Justice in this Act those contracts where such expenditures are øSEC. 608. The Departments of Commerce, may be used to discriminate against or deni- a matter of public record and available for Justice, and State, the National Science grate the religious or moral beliefs of stu- public inspection, except where otherwise Foundation, the National Aeronautics and dents who participate in programs for which provided under existing law, or under exist- Space Administration, the Federal Commu- financial assistance is provided from those ing Executive order issued pursuant to exist- nications Commission, the Securities and funds, or of the parents or legal guardians of ing law. Exchange Commission and the Small Busi- such students. øSEC. 604. If any provision of this Act or ness Administration shall provide to the øSEC. 616. None of the funds appropriated the application of such provision to any per- Committees on Appropriations of the Senate or otherwise made available to the Depart- son or circumstances shall be held invalid, and of the House of Representatives a quar- ment of State shall be available for the pur- the remainder of the Act and the application terly accounting of the cumulative balances pose of granting either immigrant or non- of each provision to persons or cir- of any unobligated funds that were received immigrant visas, or both, consistent with cumstances other than those as to which it by such agency during any previous fiscal the determination of the Secretary of State is held invalid shall not be affected thereby. year. under section 243(d) of the Immigration and øSEC. 605. (a) None of the funds provided øSEC. 609. (a) None of the funds appro- Nationality Act, to citizens, subjects, na- under this Act, or provided under previous priated or otherwise made available by this tionals, or residents of countries that the appropriations Acts to the agencies funded Act shall be expended for any purpose for Secretary of Homeland Security has deter- by this Act that remain available for obliga- which appropriations are prohibited by sec- mined deny or unreasonably delay accepting tion or expenditure in fiscal year 2006, or tion 609 of the Departments of Commerce, the return of citizens, subjects, nationals, or provided from any accounts in the Treasury Justice, and State, the Judiciary, and Re- residents under that section. of the United States derived by the collec- lated Agencies Appropriations Act, 1999. øSEC. 617. None of the funds made available tion of fees available to the agencies funded ø(b) The requirements in subparagraphs (A) in this Act may be transferred to any depart- by this Act, shall be available for obligation and (B) of section 609 of that Act shall con- ment, agency, or instrumentality of the or expenditure through a reprogramming of tinue to apply during fiscal year 2006. United States Government, except pursuant funds that: (1) creates new programs; (2) øSEC. 610. Any costs incurred by a depart- to a transfer made by, or transfer authority eliminates a program, project, or activity; ment or agency funded under this Act result- provided in, this Act or any other appropria- (3) increases funds or personnel by any ing from personnel actions taken in response tion Act. means for any project or activity for which to funding reductions included in this Act øSEC. 618. The Departments of Commerce, funds have been denied or restricted; (4) relo- shall be absorbed within the total budgetary Justice, and State, the Securities and Ex- cates an office or employees; (5) reorganizes resources available to such department or change Commission and the Small Business or renames offices; (6) reorganizes, programs agency: Provided, That the authority to Administration shall, not later than two or activities; or (7) contracts out or transfer funds between appropriations ac- months after the date of the enactment of privatizes any functions or activities pres- counts as may be necessary to carry out this this Act, certify that telecommuting oppor- ently performed by Federal employees; un- section is provided in addition to authorities tunities have increased over levels certified less the Appropriations Committees of both included elsewhere in this Act: Provided fur- to the Committees on Appropriations for fis- Houses of Congress are notified 15 days in ad- ther, That use of funds to carry out this sec- cal year 2005: Provided, That, of the total vance of such reprogramming of funds. tion shall be treated as a reprogramming of amounts appropriated to the Departments of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9757

Commerce, Justice, and State, the Securities United Nations if such commission is chaired ø(b) CONTENT.—At a minimum, the na- and Exchange Commission and the Small or presided over by a country, the govern- tional aeronautics policy shall describe— Business Administration, $5,000,000 shall be ment of which the Secretary of State has de- ø(1) the priority areas of research for aero- available to each only upon such certifi- termined, for purposes of section 6(j)(1) of nautics through fiscal year 2011; cation: Provided further, That each Depart- the Export Administration Act of 1979 (50 ø(2) the basis on which and the process by ment or agency shall provide quarterly re- U.S.C. App. 2405(j)(1)), has provided support which priorities for ensuing fiscal years will ports to the Committees on Appropriations for acts of international terrorism. be selected; on the status of telecommuting programs, øSEC. 624. (a) Except as provided in sub- ø(3) the facilities and personnel needed to including the number and percentage of Fed- section (b), a project to construct a diplo- carry out the program through fiscal year eral employees eligible for, and participating matic facility of the United States may not 2011; and in, such programs: Provided further, That include office space or other accommoda- ø(4) the budget assumptions on which the each Department or agency shall maintain a tions for an employee of a Federal agency or national aeronautics policy is based. ‘‘Telework Coordinator’’ to be responsible department if the Secretary of State deter- ø(c) CONSIDERATIONS.—In developing the for overseeing the implementation and oper- mines that such department or agency has national aeronautics policy, the Adminis- ations of telecommuting programs, and serve not provided to the Department of State the trator shall consider the following questions, as a point of contact on such programs for full amount of funding required by sub- which shall be discussed in the policy state- the Committees on Appropriations. section (e) of section 604 of the Secure Em- ment— øSEC. 619. The National Aeronautics and bassy Construction and Counterterrorism ø(1) the extent to which NASA should focus Space Administration and the National Act of 1999 (as enacted into law by section on long-term, high-risk research or more in- Science Foundation shall, not later than two 1000(a)(7) of Public Law 106–113 and contained cremental research or both and the expected months after the date of the enactment of in appendix G of that Act; 113 Stat. 1501A– impact on the U.S. aircraft and airline indus- this Act, certify that telecommuting oppor- 453), as amended by section 629 of the Depart- tries of those decisions; tunities are made available to 100 percent of ments of Commerce, Justice, and State, the ø(2) the extent to which NASA should ad- the eligible workforce: Provided, That, of the Judiciary, and Related Agencies Appropria- dress military and commercial needs; total amounts appropriated to the National tions Act, 2005. ø(3) how NASA will coordinate its aero- Aeronautics and Space Administration and ø(b) Notwithstanding the prohibition in nautics program with other Federal agen- the National Science Foundation, $5,000,000 subsection (a), a project to construct a diplo- cies; and shall be available to each agency only upon matic facility of the United States may in- ø(4) the extent to which NASA will fund such certification: Provided further, That clude office space or other accommodations university research and the expected impact both agencies shall provide quarterly reports for members of the Marine Corps. of that funding on the supply of U.S. workers to the Committees on Appropriations on the øSEC. 625. None of the funds made available for the aeronautics industry. status of telecommuting programs, including in this Act shall be used in any way whatso- ø(d) CONSULTATION.—In developing the na- the number of Federal employees eligible ever to support or justify the use of torture tional aeronautics policy, the Administrator for, and participating in, such programs: Pro- by any official or contract employee of the shall consult widely with academic and in- vided further, That both agencies shall des- United States Government. dustry experts and with other Federal agen- ignate a ‘‘Telework Coordinator’’ to be re- øSEC. 626. Of the amounts made available cies. The Administrator may enter into an sponsible for overseeing the implementation in this Act, $393,616,321 from ‘‘Department of arrangement with the National Academy of and operations of telecommuting programs, State’’; $27,938,072 from ‘‘Department of Jus- Sciences to help develop the national aero- and serve as a point of contact on such pro- tice’’; $14,107,754 from ‘‘Department of Com- nautics policy. ø grams for the Committees on Appropria- merce’’; $426,314 from ‘‘United States Trade (e) SCHEDULE.—The Administrator shall tions. Representative’’; $575,116 from ‘‘Broadcasting submit the new national aeronautics policy øSEC. 620. (a) Tracing studies conducted by Board of Governors’’; $291,855 from ‘‘National to the House and Senate Committees on Ap- the Bureau of Alcohol, Tobacco, Firearms Aeronautics and Space Administration’’; and propriations and to the House Committee on and Explosives are released without ade- $79,754 from ‘‘National Science Foundation’’ Science and the Senate Committee on Com- quate disclaimers regarding the limitations shall be available for the purposes of imple- merce, Science, and Transportation no later of the data. menting the Capital Security Cost Sharing than the date on which the President sub- ø(b) The Bureau of Alcohol, Tobacco, Fire- program. mits the proposed budget for the Federal arms and Explosives shall include in all such øSEC. 627. None of the funds made available government for fiscal year 2007 to the Con- data releases, language similar to the fol- in this Act may be used in contravention of gress. The Administrator shall make avail- lowing that would make clear that trace the provisions of subsections (e) and (f) of able to the Congress any study done by a data cannot be used to draw broad conclu- section 301 of the United States Leadership non-governmental entity that was used in the development of the national aeronautics sions about firearms-related crime: Against HIV/AIDS, Tuberculosis, and Ma- policy. ø(1) Firearm traces are designed to assist laria Act of 2003 (Public Law 108–25; 22 U.S.C. øSEC. 631. Any funds provided in this Act law enforcement authorities in conducting 7631(e) and (f)). under ‘‘National Science Foundation’’ used øSEC. 628. None of the funds made available investigations by tracking the sale and pos- to implement E-Government Initiatives to NASA in this Act may be used for vol- session of specific firearms. Law enforce- shall be subject to the procedures set forth untary separation incentive payments as ment agencies may request firearms traces in section 605 of this Act. for any reason, and those reasons are not provided for in subchapter II of chapter 35 of øSEC. 632. (a) Notwithstanding any other necessarily reported to the Federal Govern- title 5, United States Code, unless the Ad- provision of law or treaty, none of the funds ment. Not all firearms used in crime are ministrator of NASA has first certified to appropriated or otherwise made available traced and not all firearms traced are used in Congress that such payments would not re- under this Act or any other Act may be ex- crime. sult in the loss of skills related to the safety pended or obligated by a department, agen- ø(2) Firearms selected for tracing are not of the Space Shuttle or the International cy, or instrumentality of the United States chosen for purposes of determining which Space Station or to the conduct of inde- to pay administrative expenses or to com- types, makes or models of firearms are used pendent safety oversight in the National pensate an officer or employee of the United for illicit purposes. The firearms selected do Aeronautics and Space Administration. States in connection with requiring an ex- not constitute a random sample and should øSEC. 629. Notwithstanding 40 U.S.C. 524, port license for the export to Canada of com- not be considered representative of the larg- 571, and 572, the Administrator of the Na- ponents, parts, accessories or attachments er universe of all firearms used by criminals, tional Aeronautics and Space Administra- for firearms listed in Category I, section or any subset of that universe. Firearms are tion may sell the National Aeronautics and 121.1 of title 22, Code of Federal Regulations normally traced to the first retail seller, and Space Administration-owned property on the (International Trafficking in Arms Regula- sources reported for firearms traced do not Camp Parks Military Reservation, Alameda tions (ITAR), part 121, as it existed on April necessarily represent the sources or methods County, California, and credit the net pro- 1, 2005) with a total value not exceeding $500 by which firearms in general are acquired for ceeds of such sales as offsetting collections wholesale in any transaction, provided that use in crime. to its Exploration, science and aeronautics the conditions of subsection (b) of this sec- øSEC. 621. None of the funds made available account. Such funds shall be available until tion are met by the exporting party for such in this Act may be used in violation of sec- expended; to be used to replace the facilities articles. tion 212(a)(10)(C) of the Immigration and Na- at Camp Parks that are still required, to im- ø(b) The foregoing exemption from obtain- tionality Act. prove other National Aeronautics and Space ing an export license— øSEC. 622. None of the funds appropriated Administration-owned facilities, or both. ø(1) does not exempt an exporter from fil- or otherwise made available under this Act øSEC. 630. (a) IN GENERAL.—The President ing any Shipper’s Export Declaration or no- may be used to issue patents on claims di- of the United States through his designee tification letter required by law, or from rected to or encompassing a human orga- the Administrator of the National Aero- being otherwise eligible under the laws of nism. nautics and Space Administration and in the United States to possess, ship, transport, øSEC. 623. None of the funds made available consultation with other Federal agencies or export the articles enumerated in sub- in this Act may be used to pay expenses for shall develop a national aeronautics policy section (a); and any United States delegation to any special- to guide the aeronautics programs of the Ad- ø(2) does not permit the export without a ized agency, body, or commission of the ministration through 2020. license of—

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9758 CONGRESSIONAL RECORD — SENATE September 8, 2005 ø(A) fully automatic firearms and compo- øRELATED AGENCIES which not to exceed $3,317,000 is for the Facili- nents and parts for such firearms, other than øUNITED STATES-CANADA ALASKA RAIL ties Program 2000, to remain available until ex- for end use by the Federal Government, or a COMMISSION pended: Provided, That not to exceed 45 perma- Provincial or Municipal Government of Can- nent positions and 46 full-time equivalent øSALARIES AND EXPENSES ada, or workyears and $11,821,000 shall be expended for ø(B) barrels, cylinders, receivers (frames) ø(RESCISSION) the Department Leadership Program exclusive or complete breech mechanisms for any fire- øOf the unobligated balances available of augmentation that occurred in these offices arm listed in Category I, other than for end under this heading from prior year appro- in fiscal year 2005: Provided further, That not to use by the Federal Government, or a Provin- priations, $2,000,000 are rescinded. exceed 24 permanent positions, 19 full-time cial or Municipal Government of Canada; or øTITLE VIII—ADDITIONAL GENERAL equivalent workyears and $2,980,000 shall be ex- ø(C) articles for export from Canada to an- PROVISIONS pended for the Office of Legislative Affairs: Pro- other foreign destination. vided further, That not to exceed 17 permanent øSEC. 801. None of the funds made available ø(c) In accordance with this section, the in this Act may be used by the United Na- positions, 22 full-time equivalent workyears and District Directors of Customs and post- $2,470,000 shall be expended for the Office of masters shall permit the permanent or tem- tions to develop or publicize any proposal concerning taxation or fees on any United Public Affairs: Provided further, That the Of- porary export without a license of any un- fices of Legislative Affairs and Public Affairs classified articles specified in subsection (a) States person in order to raise revenue for the United Nations or any of its specialized may utilize, on a non-reimbursable basis details to Canada for end use in Canada or return to of career employees within the ceilings provided the United States, or temporary import of or affiliated agencies. None of the funds made available in this Act may be used by for the Office of Legislative Affairs and the Of- Canadian-origin items from Canada for end fice of Public Affairs: Provided further, That use in the United States or return to Canada the United Nations to implement or impose any such taxation or fee on any United not less than $500,000 shall be used to contract for a Canadian citizen. with an independent party to carry out a pri- ø States person. (d) The President may require export li- vacy assessment. censes under this section on a temporary øSEC. 802. None of the funds made available JUSTICE INFORMATION SHARING TECHNOLOGY basis if the President determines, upon pub- by this Act may be used by the National Aer- lication first in the Federal Register, that onautics and Space Administration to em- For necessary expenses for information shar- the Government of Canada has implemented ploy any individual under the title ‘‘artist in ing technology, including planning, develop- or maintained inadequate import controls residence’’. ment, deployment and Departmental direction, for the articles specified in subsection (a), øSEC. 803. (a) For expenses necessary for $135,000,000, to remain available until expended: such that a significant diversion of such arti- enforcing subsections (a) and (b) of section Provided, That, of the funds available cles has and continues to take place for use 642 of the Illegal Immigration Reform and $10,000,000 is for the unified financial manage- in international terrorism or in the esca- Immigrant Responsibility Act of 1996 (8 ment system to be administered by the United lation of a conflict in another nation. The U.S.C. 1373), $1,000,000. Financial Management System Executive Coun- President shall terminate the requirements ø(b) The amount otherwise provided in this cil: Provided further, That of the funds proof a license when reasons for the temporary Act for ‘‘DEPARTMENT OF JUSTICE— vided, $20,000,000 is unavailable for obligation requirements have ceased. LEGAL ACTIVITIES—SALARIES AND EXPENSES, until the Department Chief Information Officer øSEC. 633. Notwithstanding any other pro- GENERAL LEGAL ACTIVITIES’’ is hereby re- submits the plan described in section 111 of this vision of law, no department, agency, or induced by $1,000,000. title. strumentality of the United States receiving øSEC. 804. None of the funds made available NARROWBAND COMMUNICATIONS appropriated funds under this Act or any in this Act may be used to deny the produc- For necessary expenses for the costs of conver- other Act shall obligate or expend in any tion of safety reports regarding the NASA sion to narrowband communications, including way such funds to pay administrative ex- Space Shuttle program and the International the cost for operations and maintenance of penses or the compensation of any officer or Space Station. Land Mobile Radio legacy systems, $90,000,000, employee of the United States to deny any øSEC. 805. None of the funds appropriated to remain available until September 30, 2007: application submitted pursuant to 22 U.S.C. in this Act may be used to enforce the judg- Provided, That the Attorney General shall 2778(b)(1)(B) and qualified pursuant to 27 CFR ment of the United States District Court for transfer to the ‘‘Narrowband Communications’’ Sec. 478.112 or .113, for a permit to import the Southern District of Indiana in the case account all funds made available to the Depart- United States origin ‘‘curios or relics’’ fire- of Russelburg v. Gibson County, decided Jan- ment of Justice for the purchase of portable and arms, parts, or ammunition. uary 31, 2005. mobile radios: Provided further, That any trans- øSEC. 634. None of the funds made available øSEC. 806. None of the funds made available fer made into or out of this account shall be in this Act may be used to include in any bi- subject to section 505 of this Act. lateral or multilateral trade agreement the in this Act may be used to make an applica- ADMINISTRATIVE REVIEW AND APPEALS text of— tion under section 501 of the Foreign Intel- For expenses necessary for the administration ø(1) paragraph 2 of Article 16.7 of the ligence Surveillance Act of 1978 (50 U.S.C. of pardon and clemency petitions and immigra- United States-Singapore Free Trade Agree- 1861) for an order requiring the production of tion-related activities, $216,286,000. ment; library circulation records, library patron DETENTION TRUSTEE ø(2) paragraph 4 of Article 17.9 of the lists, book sales records, or book customer For necessary expenses of the Federal Deten- United States-Australia Free Trade Agree- lists. ø tion Trustee, $1,222,000,000, to remain available ment; or SEC. 807. None of the funds made available until expended: Provided, That the Trustee ø(3) paragraph 4 of Article 15.9 of the in this Act may be used in contravention of shall be responsible for managing the Justice United States-Morocco Free Trade Agree- the following laws enacted or regulations Prisoner and Alien Transportation System and ment. promulgated to implement the United Na- tions Convention Against Torture and Other for overseeing housing related to such detention: øTITLE VII—RESCISSIONS Cruel, Inhuman or Degrading Treatment or Provided further, That any unobligated bal- ø DEPARTMENT OF JUSTICE Punishment (done at New York on December ances available in prior years from the funds øLEGAL ACTIVITIES 10, 1984): appropriated under the heading ‘‘Federal Pris- øASSETS FORFEITURE FUND ø(1) Section 2340A of title 18, United States oner Detention’’ shall be transferred to and ø(RESCISSION) Code. merged with the appropriation under the head- øOf the unobligated balances available ø(2) Section 2242 of the Foreign Affairs Re- ing ‘‘Detention Trustee’’ and shall be available under this heading, $62,000,000 are rescinded. form and Restructuring Act of 1998 (division until expended. G of Public Law 105–277; 112 Stat. 2681–822; 8 OFFICE OF INSPECTOR GENERAL øOFFICE OF JUSTICE PROGRAMS U.S.C. 1231 note) and any regulations pre- For necessary expenses of the Office of In- ø STATE AND LOCAL LAW ENFORCEMENT scribed thereto, including regulations under spector General, $70,431,000, including not to ex- ASSISTANCE part 208 of title 8, Code of Federal Regula- ceed $10,000 to meet unforeseen emergencies of a ø(RESCISSION) tions, and part 95 of title 22, Code of Federal confidential character. ø Of the unobligated balances available Regulations. UNITED STATES PAROLE COMMISSION under this heading, $38,500,000 are rescinded. ø This Act may be cited as the ‘‘Science, SALARIES AND EXPENSES ø COMMUNITY ORIENTED POLICING SERVICES State, Justice, Commerce, and Related For necessary expenses of the United States ¿ ø(RESCISSION) Agencies Appropriations Act, 2006’’. Parole Commission as authorized by law, øOf the unobligated balances available That the following sums are appropriated, out $11,000,000. of any money in the Treasury not otherwise ap- under this heading, $86,500,000 are rescinded. LEGAL ACTIVITIES propriated, for the fiscal year ending September øDEPARTMENT OF COMMERCE 30, 2006, and for other purposes, namely: SALARIES AND EXPENSES, GENERAL LEGAL øEMERGENCY STEEL GUARANTEED LOAN ACTIVITIES TITLE I—DEPARTMENT OF JUSTICE PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) ø(RESCISSION) GENERAL ADMINISTRATION For expenses necessary for the legal activities øOf the unobligated balances available SALARIES AND EXPENSES of the Department of Justice, not otherwise pro- under this heading from prior year appro- For expenses necessary for the administration vided for, including not to exceed $20,000 for ex- priations, $35,000,000 are rescinded. of the Department of Justice, $125,936,000, of penses of collecting evidence, to be expended

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9759 under the direction of, and to be accounted for other provision of law, deposits to the Fund mated information network to store and retrieve solely under the certificate of, the Attorney shall be available in such amounts as may be the identities and locations of protected wit- General; and rent of private or Government- necessary to pay refunds due depositors: Pro- nesses. owned space in the District of Columbia, vided further, That, notwithstanding any other SALARIES AND EXPENSES, COMMUNITY RELATIONS $648,245,000, of which not to exceed $10,000,000 provision of law, $214,402,000 of offsetting collec- SERVICE for litigation support contracts shall remain tions pursuant to 28 U.S.C. 589a(b) shall be re- For the necessary expenses of the Community available until expended: Provided, That of the tained and used for necessary expenses in this Relations Service, $9,659,000: Provided, That total amount appropriated, not to exceed $1,000 appropriation and remain available until ex- notwithstanding any other provision of law, shall be available to the United States National pended: Provided further, That the sum herein upon a determination by the Attorney General Central Bureau, INTERPOL, for official recep- appropriated from the Fund shall be reduced as that emergent circumstances require additional tion and representation expenses: Provided fur- such offsetting collections are received during funding for conflict resolution and violence pre- ther, That notwithstanding any other provision fiscal year 2006, so as to result in a final fiscal vention activities of the Community Relations of law, upon a determination by the Attorney year 2006 appropriation from the Fund esti- Service, the Attorney General may transfer such General that emergent circumstances require ad- mated at $0. amounts to the Community Relations Service, ditional funding for litigation activities of the SALARIES AND EXPENSES, FOREIGN CLAIMS from available appropriations for the current Civil Division, the Attorney General may trans- SETTLEMENT COMMISSION fiscal year for the Department of Justice, as may fer such amounts to ‘‘Salaries and Expenses, For expenses necessary to carry out the activi- be necessary to respond to such circumstances: General Legal Activities’’ from available appro- ties of the Foreign Claims Settlement Commis- Provided further, That any transfer pursuant to priations for the current fiscal year for the De- sion, including services as authorized by 5 the previous proviso shall be treated as a re- partment of Justice, as may be necessary to re- U.S.C. 3109, $1,270,000. programming under section 505 of this Act and spond to such circumstances: Provided further, shall not be available for obligation or expendi- UNITED STATES MARSHALS SERVICE That any transfer pursuant to the previous pro- ture except in compliance with the procedures viso shall be treated as a reprogramming under SALARIES AND EXPENSES set forth in that section. section 505 of this Act and shall not be available For necessary expenses of the United States ASSETS FORFEITURE FUND for obligation or expenditure except in compli- Marshals Service, $764,199,000; of which not to For expenses authorized by 28 U.S.C. ance with the procedures set forth in that sec- exceed $6,000 shall be available for official re- 524(c)(1)(B), (F), and (G), $21,468,000, to be de- tion. ception and representation expenses; of which rived from the Department of Justice Assets For- In addition, for reimbursement of expenses of $4,000,000 for information technology systems feiture Fund. the Department of Justice associated with proc- shall remain available until expended; and of INTERAGENCY LAW ENFORCEMENT essing cases under the National Childhood Vac- which not less than $13,130,000 shall be avail- INTERAGENCY CRIME AND DRUG ENFORCEMENT cine Injury Act of 1986, not to exceed $6,333,000, able for the costs of courthouse security equip- For necessary expenses for the identification, to be appropriated from the Vaccine Injury ment, including furnishings, relocations, and investigation, and prosecution of individuals as- Compensation Trust Fund. telephone systems and cabling, and shall remain sociated with the most significant drug traf- SALARIES AND EXPENSES, ANTITRUST DIVISION available until September 30, 2007: Provided, ficking and affiliated money laundering organi- For expenses necessary for the enforcement of That beginning in fiscal year 2007 and for each zations not otherwise provided for, to include antitrust and kindred laws, $144,451,000, to re- fiscal year thereafter, the Attorney General intergovernmental agreements with State and main available until expended: Provided, That, shall include in the budget justification mate- local law enforcement agencies engaged in the notwithstanding any other provision of law, not rials that the Attorney General submits to Con- investigation and prosecution of individuals in- to exceed $116,000,000 of offsetting collections gress in support of the Department of Justice volved in organized crime drug trafficking, derived from fees collected for premerger notifi- budget (as submitted with the budget of the $440,197,000, of which $50,000,000 shall remain cation filings under the Hart-Scott-Rodino Anti- President under section 1105(a) of title 31, 10 available until expended: Provided, That all trust Improvements Act of 1976 (15 U.S.C. 18a), United States Code) an estimate for each United funds appropriated under this heading shall be regardless of the year of collection, shall be re- States Marshals Service courthouse security managed and executed by the Administrator of tained and used for necessary expenses in this project and an estimate of the budgetary re- the Drug Enforcement Administration and all appropriation, and shall remain available until quirements for each such project for each of the employees of the Executive Office for the Orga- expended: Provided further, That the sum here- five subsequent fiscal years: Provided further, nized Crime and Drug Enforcement Task Forces in appropriated from the general fund shall be That, in addition to reimbursable full-time shall report directly to said Administrator with- reduced as such offsetting collections are re- equivalent workyears available to the United in 60 days of enactment of this Act: Provided ceived during fiscal year 2006, so as to result in States Marshals Service, not to exceed 4,657 po- further, That any amounts obligated from ap- a final fiscal year 2006 appropriation from the sitions and 4,515 full-time equivalent workyears propriations under this heading may be used general fund estimated at not more than shall be supported from the funds appropriated under authorities available to the organizations $28,451,000. in this Act for the United States Marshals Serv- reimbursed from this appropriation: Provided SALARIES AND EXPENSES, UNITED STATES ice. further, That any unobligated balances remain- ATTORNEYS CONSTRUCTION ing available at the end of the fiscal year shall For necessary expenses of the Offices of the For construction in space controlled, occupied be available to the Administrator of the Drug United States Attorneys, including inter-govern- or utilized by the United States Marshals Serv- Enforcement Administration for reallocation mental and cooperative agreements, ice in United States courthouses and Federal among participating organizations in succeeding $1,572,654,000; of which not to exceed $2,500,000 buildings, $12,000,000, to remain available until fiscal years, subject to the reprogramming proce- shall be available until September 30, 2007, for: expended: Provided, That beginning in fiscal dures set forth in section 505 of this Act. (1) training personnel in debt collection; (2) lo- year 2007 and for each fiscal year thereafter, the FEDERAL BUREAU OF INVESTIGATION cating debtors and their property; (3) paying the Attorney General shall include in the budget SALARIES AND EXPENSES net costs of selling property; and (4) tracking justification materials that the Attorney General For necessary expenses of the Federal Bureau debts owed to the United States Government: submits to Congress in support of the Depart- of Investigation for detection, investigation, and Provided, That of the total amount appro- ment of Justice budget (as submitted with the prosecution of crimes against the United States; priated, not to exceed $8,000 shall be available budget of the President under section 1105(a) of including purchase for police-type use of not to for official reception and representation ex- title 31, 10 United States Code) an estimate for exceed 3,868 passenger motor vehicles, of which penses: Provided further, That not to exceed each construction project of United States Mar- 3,039 will be for replacement only; and not to ex- $20,000,000 shall remain available until ex- shals Service in United States courthouses and ceed $70,000 to meet unforeseen emergencies of a pended: Provided further, That not to exceed Federal buildings and an estimate of the budg- confidential character pursuant to 28 U.S.C. $2,500,000 for the operation of the National Ad- etary requirements for each such project for 530C, $5,295,513,000; of which not to exceed vocacy Center shall remain available until ex- each of the five subsequent fiscal years. $150,000,000 shall remain available until expended: Provided further, That, in addition to FEES AND EXPENSES OF WITNESSES pended; of which $1,600,000,000 shall be for reimbursable full-time equivalent workyears For fees and expenses of witnesses, for ex- counterterrorism investigations, foreign counter- available to the Offices of the United States At- penses of contracts for the procurement and su- intelligence, and other activities related to our torneys, not to exceed 10,465 positions and 10,451 pervision of expert witnesses, for private counsel national security; and of which not to exceed full-time equivalent workyears shall be sup- expenses, including advances, $168,000,000, to $20,000,000 is authorized to be made available ported from the funds appropriated in this Act remain available until expended: Provided, That for making advances for expenses arising out of for the United States Attorneys: Provided fur- not to exceed $8,000,000 may be made available contractual or reimbursable agreements with ther, That of the funds made available under for construction of buildings for protected wit- State and local law enforcement agencies while this heading, $1,500,000 shall only be available ness safesites: Provided further, That not to ex- engaged in cooperative activities related to vio- to continue ‘‘Operation Streetsweeper’’. ceed $1,000,000 may be made available for the lent crime, terrorism, organized crime, UNITED STATES TRUSTEE SYSTEM FUND purchase and maintenance of armored vehicles cybercrime, and drug investigations: Provided, For necessary expenses of the United States for transportation of protected witnesses; and of That not to exceed $200,000 shall be available for Trustee Program, as authorized, $214,402,000, to which not to exceed $7,000,000 may be made official reception and representation expenses. remain available until expended and to be de- available for the purchase, installation, and CONSTRUCTION rived from the United States Trustee System maintenance and upgrade of secure tele- For necessary expenses to construct or acquire Fund: Provided, That, notwithstanding any communications equipment and a secure auto- buildings and sites by purchase, or as otherwise

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9760 CONGRESSIONAL RECORD — SENATE September 8, 2005 authorized by law (including equipment for Tobacco, Firearms and Explosives to other agen- penditures by that Administration for medical such buildings); conversion and extension of cies or Departments in fiscal year 2006: Provided relief for inmates of Federal penal and correc- federally-owned buildings; and preliminary further, That no funds appropriated under this tional institutions: Provided further, That the planning and design of projects; $25,213,000, to or any other Act with respect to any fiscal year Director of the Federal Prison System, where remain available until expended: Provided, That may be used to disclose part or all of the con- necessary, may enter into contracts with a fiscal $15,108,000 shall be available for the planning, tents of the Firearms Trace System database agent/fiscal intermediary claims processor to de- design, and construction of a regional analyt- maintained by the National Trace Center of the termine the amounts payable to persons who, on ical training center in Redstone Arsenal: Pro- Bureau of Alcohol, Tobacco, Firearms and Ex- behalf of the Federal Prison System, furnish vided further, That $5,000,000 shall be available plosives or any information required to be kept health services to individuals committed to the for a chemical and biological evidence handling by licensees pursuant to section 923(g) of title custody of the Federal Prison System: Provided and storage facility to be co-located with com- 18, United States Code, or required to be re- further, That not to exceed $6,000 shall be avail- parable facilities in existence for sample, han- ported pursuant to paragraphs (3) and (7) of able for official reception and representation ex- dling and receipt of hazardous material by the such section 923(g), to anyone other than a Fed- penses: Provided further, That not to exceed Department of the Army. eral, State, or local law enforcement agency or $85,017,000 shall remain available for prison ac- DRUG ENFORCEMENT ADMINISTRATION a prosecutor solely in connection with and for tivations until September 30, 2007: Provided fur- use in a bona fide criminal investigation or ther, That, of the amounts provided for Con- SALARIES AND EXPENSES prosecution and then only such information as tract Confinement, not to exceed $20,000,000 For necessary expenses of the Drug Enforce- pertains to the geographic jurisdiction of the shall remain available until expended to make ment Administration, including not to exceed law enforcement agency requesting the disclo- payments in advance for grants, contracts and $70,000 to meet unforeseen emergencies of a con- sure and not for use in any civil action or pro- reimbursable agreements, and other expenses fidential character pursuant to 28 U.S.C. 530C; ceeding other than an action or proceeding com- authorized by section 501(c) of the Refugee Edu- expenses for conducting drug education and menced by the Bureau of Alcohol, Tobacco, cation Assistance Act of 1980, for the care and training programs, including travel and related Firearms and Explosives, or a review of such an security in the United States of Cuban and Hai- expenses for participants in such programs and action or proceeding, to enforce the provisions tian entrants: Provided further, That the Direc- the distribution of items of token value that proof chapter 44 of such title, and all such data tor of the Federal Prison System may accept do- mote the goals of such programs; and purchase shall be immune from legal process and shall not nated property and services relating to the oper- of not to exceed 1,043 passenger motor vehicles, be subject to subpoena or other discovery in any ation of the prison card program from a not-for- of which 937 will be for replacement only, for civil action in a State or Federal court or in any profit entity which has operated such program police-type use, $1,649,142,000; of which not to administrative proceeding other than a pro- in the past notwithstanding the fact that such exceed $75,000,000 shall remain available until ceeding commenced by the Bureau of Alcohol, not-for-profit entity furnishes services under expended; and of which not to exceed $100,000 Tobacco, Firearms and Explosives to enforce the contracts to the Federal Prison System relating shall be available for official reception and rep- provisions of that chapter, or a review of such to the operation of pre-release services, halfway resentation expenses: Provided, That, in addi- an action or proceeding; except that this proviso houses or other custodial facilities. tion to reimbursable full-time equivalent shall not be construed to prevent the disclosure BUILDINGS AND FACILITIES workyears available to the Drug Enforcement of statistical information concerning total pro- Administration, not to exceed 8,371 positions For planning, acquisition of sites and con- duction, importation, and exportation by each struction of new facilities; purchase and acqui- and 8,270 full-time equivalent workyears shall licensed importer (as defined in section 921(a)(9) be supported from the funds appropriated in sition of facilities and remodeling, and equip- of such title) and licensed manufacturer (as de- ping of such facilities for penal and correctional this Act for the Drug Enforcement Administra- fined in section 921(a)(10) of such title): Pro- tion. use, including all necessary expenses incident vided further, That no funds made available by thereto, by contract or force account; and con- BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND this or any other Act shall be expended to pro- structing, remodeling, and equipping necessary EXPLOSIVES mulgate or implement any rule requiring a phys- buildings and facilities at existing penal and SALARIES AND EXPENSES ical inventory of any business licensed under correctional institutions, including all necessary For necessary expenses of the Bureau of Alco- section 923 of title 18, United States Code: Pro- expenses incident thereto, by contract or force hol, Tobacco, Firearms and Explosives, includ- vided further, That no funds under this Act account, $222,112,000, to remain available until ing the purchase of not to exceed 822 vehicles may be used to electronically retrieve informa- expended, of which not to exceed $14,000,000 for police-type use, of which 650 shall be for re- tion gathered pursuant to 18 U.S.C. 923(g)(4) by shall be available to construct areas for inmate placement only; not to exceed $40,000 for official name or any personal identification code: Pro- work programs: Provided, That labor of United reception and representation expenses; for train- vided further, That no funds authorized or States prisoners may be used for work performed ing of State and local law enforcement agencies made available under this or any other Act may under this appropriation. be used to deny any application for a license with or without reimbursement, including train- FEDERAL PRISON INDUSTRIES, INCORPORATED ing in connection with the training and acquisi- under section 923 of title 18, United States Code, or renewal of such a license due to a lack of The Federal Prison Industries, Incorporated, tion of canines for explosives and fire is hereby authorized to make such expenditures, accelerants detection; and for provision of lab- business activity, provided that the applicant is otherwise eligible to receive such a license, and within the limits of funds and borrowing au- oratory assistance to State and local law en- thority available, and in accord with the law, forcement agencies, with or without reimburse- is eligible to report business income or to claim an income tax deduction for business expenses and to make such contracts and commitments, ment, $923,700,000, of which not to exceed without regard to fiscal year limitations as pro- $1,000,000 shall be available for the payment of under the Internal Revenue Code of 1986: Pro- vided further, That of the amount provided vided by section 9104 of title 31, United States attorneys’ fees as provided by 18 U.S.C. Code, as may be necessary in carrying out the 924(d)(2); and of which $10,000,000 shall remain under this heading, $5,000,000, to remain available until expended, shall be for the expenses program set forth in the budget for the current available until expended: Provided, That no fiscal year for such corporation, including pur- funds appropriated herein shall be available for necessary for site selection, architectural design, site preparation and the development of a total chase (not to exceed five for replacement only) salaries or administrative expenses in connec- and hire of passenger motor vehicles. tion with consolidating or centralizing, within cost estimate for the construction of a permanent site for the National Center for Explosives LIMITATION ON ADMINISTRATIVE EXPENSES, the Department of Justice, the records, or any FEDERAL PRISON INDUSTRIES, INCORPORATED portion thereof, of acquisition and disposition of Training and Research: Provided further, That Not to exceed $3,365,000 of the funds of the firearms maintained by Federal firearms licens- any funds remaining shall be applied to the con- corporation shall be available for its administra- ees: Provided further, That no funds appro- struction of the Center: Provided further, That tive expenses, and for services as authorized by priated herein shall be used to pay administra- the Director of the ATF, when considering site 5 U.S.C. 3109, to be computed on an accrual tive expenses or the compensation of any officer selection shall consider a site collocated with basis to be determined in accordance with the or employee of the United States to implement other law enforcement and Federal government corporation’s current prescribed accounting sys- an amendment or amendments to 27 CFR 178.118 entities that provide similar training and re- tem, and such amounts shall be exclusive of de- or to change the definition of ‘‘Curios or relics’’ search. preciation, payment of claims, and expenditures in 27 CFR 178.11 or remove any item from ATF FEDERAL PRISON SYSTEM which such accounting system requires to be Publication 5300.11 as it existed on January 1, SALARIES AND EXPENSES capitalized or charged to cost of commodities ac- 1994: Provided further, That none of the funds For expenses necessary of the Federal Prison quired or produced, including selling and ship- appropriated herein shall be available to inves- System for the administration, operation, and ping expenses, and expenses in connection with tigate or act upon applications for relief from maintenance of Federal penal and correctional acquisition, construction, operation, mainte- Federal firearms disabilities under 18 U.S.C. institutions, including purchase (not to exceed nance, improvement, protection, or disposition 925(c): Provided further, That such funds shall 768, of which 701 are for replacement only) and of facilities and other property belonging to the be available to investigate and act upon appli- hire of law enforcement and passenger motor ve- corporation or in which it has an interest. cations filed by corporations for relief from Fed- hicles, and for the provision of technical assist- eral firearms disabilities under section 925(c) of ance and advice on corrections related issues to OFFICE ON VIOLENCE AGAINST WOMEN title 18, United States Code: Provided further, foreign governments, $4,889,649,000: Provided, VIOLENCE AGAINST WOMEN PREVENTION AND That no funds made available by this or any That the Attorney General may transfer to the PROSECUTION PROGRAMS other Act may be used to transfer the functions, Health Resources and Services Administration For grants, contracts, cooperative agreements, missions, or activities of the Bureau of Alcohol, such amounts as may be necessary for direct ex- and other assistance for the prevention and

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9761 prosecution of violence against women as au- Crime Control and Law Enforcement Act of 1994 year balances may not be obligated except in ac- thorized by the Omnibus Crime Control and Safe (Public Law 103–322) (‘‘the 1994 Act’’); the Om- cordance with section 505 of this Act: Provided Streets Act of 1968 (‘‘the 1968 Act’’); the Violent nibus Crime Control and Safe Streets Act of 1968 further, That of the funds under this heading, Crime Control and Law Enforcement Act of 1994 (‘‘the 1968 Act’’); and the Victims of Trafficking not to exceed $2,575,000 shall be available for the (Public Law 103–322) (‘‘the 1994 Act’’); the Pros- and Violence Protection Act of 2000 (Public Law Office of Justice Programs for reimbursable serv- ecutorial Remedies and Other Tools to End the 106–386); and other programs; $1,078,350,000 (in- ices associated with programs administered by Exploitation of Children Today Act of 2003 cluding amounts for administrative costs which the Community Oriented Policing Services Of- (Public Law 108–21); the Juvenile Justice and shall be transferred to and merged with the fice: Provided further, That section 1703(b) and Delinquency Prevention Act of 1974 (‘‘the 1974 ‘‘Justice Assistance’’ account): Provided, That (c) of the Omnibus Crime Control and Safe Act’’); and the Victims of Trafficking and Vio- funding provided under this heading shall re- Streets Act of 1968 (‘‘the 1968 Act’’) shall not lence Protection Act of 2000 (Public Law 106– main available until expended: Provided fur- apply to non-hiring grants made pursuant to 386); $362,997,000, to remain available until ex- ther, That funds provided under this heading part Q of title I thereof (42 U.S.C. 3796dd et pended: Provided, That except as otherwise pro- shall be distributed in the manner described in seq.): Provided further, That funds provided vided by law, not to exceed three percent of the following table: under this heading shall be distributed in the funds made available under this heading may be Program Amount manner described in the following table: used for expenses related to evaluation, training Justice Assistance Grants ..... $530,000,000 Program Amount and technical assistance: Provided further, That Boys and Girls Clubs ...... $85,000,000 Hiring ...... $2,000,000 of the amounts provided— National Institute of Justice $10,000,000 Training and Technical As- (1) $187,308,000 for grants to combat violence Indian Assistance Programs $15,000,000 sistance ...... $14,000,000 against women as authorized by part T of the State Criminal Alien Assist- Bullet Proof Vests ...... $27,000,000 1968 Act, of which: ance Programs ...... $170,000,000 Tribal Law Enforcement ...... $20,000,000 (A) $5,200,000 shall be for the National Insti- SW Border Prosecutors ...... $30,000,000 Methamphetamine Hot Spots $60,100,000 tute of Justice for research and evaluation of vi- Byrne Grants (discretionary) $177,000,000 Police Corps ...... $10,000,000 olence against women; Drug Courts ...... $25,000,000 Law Enforce Technologies (B) $10,000,000 shall be for the Office of Juve- Marketing Scams Against (projects) ...... $137,000,000 nile Justice and Delinquency Prevention for the Senior Citizens ...... $1,000,000 Interoperable Communica- Safe Start Program, as authorized by the Juve- Missing Alzheimer’s Disease tions ...... $37,500,000 nile Justice and Delinquency Act of 1974 Act; Patient Alert Program ...... $850,000 Criminal Records Upgrade ... $20,000,000 and Assistance for Victims of DNA Initiative ...... $89,500,000 (C) $15,000,000 shall be for transitional hous- Trafficking ...... $2,000,000 Coverdell Forensics Science ing assistance grants for victims of domestic vio- Prison Rape Prevention ...... $1,500,000 Improvements ...... $22,000,000 lence, stalking or sexual assault as authorized State Prison Drug Treatment $15,000,000 Crime Identification Tech- by Public Law 108–21; National Criminal Intel- nology ...... $30,000,000 (2) $62,660,000 for grants to encourage arrest ligence Sharing Plan ...... $6,000,000 Offender Reentry ...... $3,000,000 policies as authorized by part U of the 1968 Act; Capital Litigation ...... $1,000,000 Safe Schools Initiative ...... $5,000,000 (3) $39,166,000 for rural domestic violence and Justice For All ...... $4,000,000 Police Integrity ...... $7,500,000 child abuse enforcement assistance grants, as State and Local Anti-Ter- Management and Adminis- authorized by section 40295(a) of the 1994 Act; rorism Training ...... $5,000,000: tration ...... $30,487,000. (4) $9,054,000 to reduce violent crimes against Provided further, That, if a unit of local govern- JUVENILE JUSTICE PROGRAMS women on campus, as authorized by section ment uses any of the funds made available For grants, contracts, cooperative agreements, 1108(a) of Public Law 106–386; under this title to increase the number of law and other assistance authorized by the Juvenile (5) $39,220,000 for legal assistance for victims, enforcement officers, the unit of local govern- Justice and Delinquency Prevention Act of 1974 as authorized by section 1201(c) of Public Law ment will achieve a net gain in the number of (‘‘the Act’’) and other juvenile justice programs, 106–386; law enforcement officers who perform non- including salaries and expenses in connection (6) $4,540,000 for enhancing protection for administrative public safety service. therewith to be transferred to and merged with older and disabled women from domestic vio- WEED AND SEED PROGRAM FUND the appropriations for Justice Assistance, lence and sexual assault, as authorized by sec- For necessary expenses, including salaries $350,000,000, to remain available until expended: tion 40802 of the 1994 Act; and related expenses of the Executive Office for Provided, That funds provided under this head- (7) $13,894,000 for the safe havens for children Weed and Seed, to implement ‘‘Weed and Seed’’ ing shall be distributed in the manner described pilot program, as authorized by section 1301(a) program activities, $50,280,000, to remain avail- in the following table: of Public Law 106–386; and able until September 30, 2007, for inter-govern- Program Amount (8) $7,155,000 for education and training to mental agreements, including grants, coopera- Part A, Concentration of end violence against and abuse of women with tive agreements, and contracts, with State and Federal Efforts ...... $1,000,000 disabilities, as authorized by section 1402(a) of local law enforcement agencies, non-profit orga- Part B, Formula Grants ...... $82,000,000 Public Law 106–386. nizations, and agencies of local government en- Part C, Discretionary Grants $5,000,000 OFFICE OF JUSTICE PROGRAMS gaged in the investigation and prosecution of Part D, Research, Evalua- JUSTICE ASSISTANCE violent crimes and drug offenses in ‘‘Weed and tion, TA and Training ...... $8,000,000 For grants, contracts, cooperative agreements, Seed’’ designated communities, and for either Part E, Developing New Ini- and other assistance authorized by title I of the reimbursements or transfers to appropriation ac- tiatives ...... $75,000,000 Omnibus Crime Control and Safe Streets Act of counts of the Department of Justice and other Part G, Juvenile Mentoring 1968, as amended, the Missing Children’s Assist- Federal agencies which shall be specified by the Program (JUMP) ...... $15,000,000 ance Act, as amended, including salaries and Attorney General to execute the ‘‘Weed and Title V, At Risk Children expenses in connection therewith, the Victims of Seed’’ program strategy: Provided, That funds Programs ...... $20,000,000 Child Abuse Act of 1990 (‘‘the 1990 Act’’), the designated by Congress through language for Title V, Tribal Youth ...... $10,000,000 Title V, Gang Prevention ..... $25,000,000 Prosecutorial Remedies and Other Tools to end other Department of Justice appropriation ac- Title V, Prevention of Under- the Exploitation of Children Today Act of 2003 counts for ‘‘Weed and Seed’’ program activities age Drinking ...... $25,000,000 (Public Law 108–21), and with the Victims of shall be managed and executed by the Attorney Secure Our Schools Act ...... $15,000,000 Crime Act of 1984, as amended, $221,000,000, to General through the Executive Office for Weed Project Childsafe ...... $5,000,000 remain available until expended: Provided, That and Seed: Provided further, That the Attorney Juvenile Accountability of the amount provided— General may direct the use of other Department Block Grants ...... $49,000,000 (1) $4,958,000 for training programs as author- of Justice funds and personnel in support of Victims of Child Abuse Act ... $15,000,000. ized by section 40152 of the 1994 Act, and for re- ‘‘Weed and Seed’’ program activities only after PUBLIC SAFETY OFFICERS BENEFITS lated local demonstration projects; the Attorney General notifies the Committees on (2) $986,000 for grants for televised testimony, Appropriations of the House of Representatives To remain available until expended, for pay- as authorized by Part N of the 1968 Act; and the Senate in accordance with section 505 of ments authorized by part L of title I of the Om- (3) $2,962,000 for grants to improve the stalk- this Act: Provided further, That of the funds nibus Crime Control and Safe Streets Act of 1968 ing and domestic violence databases, as author- appropriated for the Executive Office for Weed (42 U.S.C. 3796), as amended, such sums as are ized by section 40602(a) of the 1994 Act; and Seed, $2,000,000 shall be directed for com- necessary, as authorized by section 6093 of Pub- (4) $2,287,000 for child abuse training pro- prehensive community development training and lic Law 100–690 (102 Stat. 4339–4340); and grams for judicial personnel and practitioners, technical assistance. $4,884,000, to remain available until expended as authorized by section 222 of the 1990 Act; COMMUNITY ORIENTED POLICING SERVICES for payments as authorized by section 1201(b) of said Act; and $4,064,000 for educational assist- (5) $11,846,000 for the court-appointed special For activities authorized by the Violent Crime ance, as authorized by section 1212 of the 1968 advocate program, as authorized by section 217 Control and Law Enforcement Act of 1994 (Pub- Act. of the 1990 Act. lic Law 103–322) (including administrative STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE costs), $515,087,000, to remain available until ex- GENERAL PROVISIONS—DEPARTMENT OF JUSTICE For grants, contracts, cooperative agreements, pended: Provided, That funds that become SEC. 101. In addition to amounts otherwise and other assistance authorized by the Violent available as a result of deobligations from prior made available in this title for official reception

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9762 CONGRESSIONAL RECORD — SENATE September 8, 2005

and representation expenses, a total of not to SEC. 110. (a) None of the funds appropriated between two points abroad, without regard to 49 exceed $60,000 from funds appropriated to the by this Act may be used by Federal prisons to U.S.C. 40118; employment of Americans and Department of Justice in this title shall be avail- purchase cable television services, to rent or aliens by contract for services; rental of space able to the Attorney General for official recep- purchase videocassettes, videocassette recorders, abroad for periods not exceeding 10 years, and tion and representation expenses. or other audiovisual or electronic equipment expenses of alteration, repair, or improvement; SEC. 102. None of the funds appropriated by used primarily for recreational purposes. purchase or construction of temporary demount- this title shall be available to pay for an abor- (b) The preceding sentence does not preclude able exhibition structures for use abroad; pay- tion, except where the life of the mother would the renting, maintenance, or purchase of audio- ment of tort claims, in the manner authorized in be endangered if the fetus were carried to term, visual or electronic equipment for inmate train- the first paragraph of 28 U.S.C. 2672 when such or in the case of rape: Provided, That should ing, religious, or educational programs. claims arise in foreign countries; not to exceed this prohibition be declared unconstitutional by SEC. 111. Within the funds provided under $327,000 for official representation expenses a court of competent jurisdiction, this section ‘‘Justice Information Sharing Technology’’, the abroad; purchase of passenger motor vehicles for shall be null and void. Attorney General shall establish an investment official use abroad, not to exceed $45,000 per ve- SEC. 103. None of the funds appropriated review board, which the Deputy Attorney Gen- hicle; obtaining insurance on official motor ve- under this title shall be used to require any per- eral shall head: Provided, That within 90 days hicles; and rental of tie lines, $409,625,000, to re- son to perform, or facilitate in any way the per- of enactment of this Act, the Department shall main available until expended, of which formance of, any abortion. submit a plan that outlines the governance $8,000,000 is to be derived from fees to be re- SEC. 104. Nothing in the preceding section structure and membership of the board: Pro- tained and used by the International Trade Ad- shall remove the obligation of the Director of the vided further, That the Department shall submit ministration, notwithstanding 31 U.S.C. 3302: Bureau of Prisons to provide escort services nec- to the Committee on Appropriations of the Sen- Provided, That $48,134,000 shall be for Manufac- essary for a female inmate to receive such serv- ate and the Committee on Appropriations of the turing and Services; $39,815,000 shall be for ice outside the Federal facility: Provided, That House of Representatives, within 90 days of en- Market Access and Compliance; $64,134,000 shall nothing in this section in any way diminishes actment of this Act, the project criteria that will be for the Import Administration; $231,722,000 the effect of section 103 intended to address the trigger the board’s oversight, to include a listing shall be for Trade Promotion and the United philosophical beliefs of individual employees of of all projects to be reviewed during fiscal year States and Foreign Commercial Service; and the Bureau of Prisons. 2006. $25,820,000 shall be for Executive Direction and SEC. 105. Not to exceed 5 percent of any ap- SEC. 112. Section 3151(b) of title 5, United Administration: Provided further, That negotia- propriation made available for the current fiscal States Code, is amended by— tions shall be conducted within the World Trade year for the Department of Justice in this Act (1) striking paragraph (2)(A) and (B); Organization to recognize the right of members may be transferred between such appropria- (2) in paragraph (1) by striking ‘‘(1)’’; and to distribute monies collected from antidumping tions, but no such appropriation, except as oth- (3) redesignating subparagraphs (A) and (B) and countervailing duties: Provided further, erwise specifically provided, shall be increased as paragraphs (1) and (2), respectively. That the provisions of the first sentence of sec- by more than 10 percent by any such transfers: This title may be cited as the ‘‘Department of tion 105(f) and all of section 108(c) of the Mu- Provided, That any transfer pursuant to this Justice Appropriations Act, 2006’’. tual Educational and Cultural Exchange Act of section shall be treated as a reprogramming of TITLE II—DEPARTMENT OF COMMERCE 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply funds under section 505 of this Act and shall not AND RELATED AGENCIES in carrying out these activities without regard be available for obligation except in compliance TRADE AND INFRASTRUCTURE to section 5412 of the Omnibus Trade and Com- with the procedures set forth in that section: DEVELOPMENT petitiveness Act of 1988 (15 U.S.C. 4912); and Provided further, That none of the funds appro- that for the purpose of this Act, contributions RELATED AGENCIES priated to ‘‘Buildings and Facilities, Federal under the provisions of the Mutual Educational Prison System’’ in this or any other Act may be OFFICE OF THE UNITED STATES TRADE and Cultural Exchange Act of 1961 shall include transferred to ‘‘Salaries and Expenses, Federal REPRESENTATIVE payment for assessments for services provided as Prison System’’, or any other Department of SALARIES AND EXPENSES part of these activities: Provided further, That Justice account, unless the President certifies For necessary expenses of the Office of the the International Trade Administration shall be that such a transfer is necessary to the national United States Trade Representative, including exempt from the requirements of Circular A–25 security interests of the United States, and such the hire of passenger motor vehicles and the em- (or any successor administrative regulation or authority shall not be delegated, and shall be ployment of experts and consultants as author- policy) issued by the Office of Management and subject to section 505 of this Act. ized by 5 U.S.C. 3109, $40,997,000, of which Budget: Provided further, That negotiations SEC. 106. The Attorney General is authorized $1,000,000 shall remain available until expended: shall be conducted within the World Trade Or- to make permanent the Personnel Management Provided, That not to exceed $124,000 shall be ganization consistent with the negotiating ob- Demonstration Project transferred to the Attor- available for official reception and representa- jectives contained in the Trade Act of 2002, Pub- ney General pursuant to section 1115 of the tion expenses: Provided further, That not less lic Law 107–210. Homeland Security Act of 2002, Public Law 107– than $2,000,000 provided under this heading UREAU OF INDUSTRY AND SECURITY 296 (6 U.S.C. 533) without limitation on the B shall be for expenses authorized by 19 U.S.C. OPERATIONS AND ADMINISTRATION number of employees or the positions covered. 2451 and 1677b(c): Provided further, That nego- SEC. 107. Notwithstanding any other provision For necessary expenses for export administra- tiations shall be conducted within the World of law, Public Law 102–395 section 102(b) shall tion and national security activities of the De- Trade Organization to recognize the right of extend to the Bureau of Alcohol, Tobacco, Fire- partment of Commerce, including costs associ- members to distribute monies collected from anti- arms and Explosives in the conduct of under- ated with the performance of export administra- dumping and countervailing duties: Provided cover investigative operations and shall apply tion field activities both domestically and further, That negotiations shall be conducted without fiscal year limitation with respect to abroad; full medical coverage for dependent within the World Trade Organization consistent any undercover investigative operation initiated members of immediate families of employees sta- with the negotiating objectives contained in the by the Bureau of Alcohol, Tobacco, Firearms tioned overseas; employment of Americans and Trade Act of 2002, Public Law 107–210. and Explosives that is necessary for the detec- aliens by contract for services abroad; payment tion and prosecution of crimes against the INTERNATIONAL TRADE COMMISSION of tort claims, in the manner authorized in the United States. SALARIES AND EXPENSES first paragraph of 28 U.S.C. 2672 when such SEC. 108. Funds appropriated by this Act for For necessary expenses of the International claims arise in foreign countries; not to exceed the Federal Prisons System shall be in the Trade Commission, including hire of passenger $15,000 for official representation expenses amounts and accounts specified in the report motor vehicles, and services as authorized by 5 abroad; awards of compensation to informers accompanying this Act: Provided, That within U.S.C. 3109, and not to exceed $2,500 for official under the Export Administration Act of 1979, 30 days of enactment of this Act, the Bureau of reception and representation expenses, and as authorized by 22 U.S.C. 401(b); and pur- Prisons will submit a comprehensive financial $62,752,000, to remain available until expended. chase of passenger motor vehicles for official use and motor vehicles for law enforcement use with plan for the Federal Prison System to the Com- DEPARTMENT OF COMMERCE mittees on Appropriations: Provided further, special requirement vehicles eligible for pur- That no funds appropriated for the Federal INTERNATIONAL TRADE ADMINISTRATION chase without regard to any price limitation Prison System in this or any other Appropria- OPERATIONS AND ADMINISTRATION otherwise established by law, $77,000,000, to re- tions Act for the construction of new facilities For necessary expenses for international trade main available until expended, of which may be rescinded, cancelled, or used for any activities of the Department of Commerce pro- $7,200,000 shall be for inspections and other ac- other purpose. vided for by law, and for engaging in trade pro- tivities related to national security: Provided, SEC. 109. None of the funds made available to motional activities abroad, including expenses of That the provisions of the first sentence of sec- the Department of Justice in this Act may be grants and cooperative agreements for the pur- tion 105(f) and all of section 108(c) of the Mu- used for the purpose of transporting an indi- pose of promoting exports of United States firms, tual Educational and Cultural Exchange Act of vidual who is a prisoner pursuant to conviction without regard to 44 U.S.C. 3702 and 3703; full 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply for crime under State or Federal law and is clas- medical coverage for dependent members of im- in carrying out these activities: Provided fur- sified as a maximum or high security prisoner, mediate families of employees stationed overseas ther, That payments and contributions collected other than to a prison or other facility certified and employees temporarily posted overseas; and accepted for materials or services provided by the Federal Bureau of Prisons as appro- travel and transportation of employees of the as part of such activities may be retained for use priately secure for housing such a prisoner. United States and Foreign Commercial Service in covering the cost of such activities, and for

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9763 providing information to the public with respect That, notwithstanding the provisions of section OTHER to the export administration and national secu- 391 of the Act, the prior year unobligated bal- DEPARTMENTAL MANAGEMENT rity activities of the Department of Commerce ances may be made available for grants for SALARIES AND EXPENSES and other export control programs of the United projects for which applications have been sub- For expenses necessary for the departmental States and other governments. mitted and approved during any fiscal year. management of the Department of Commerce ECONOMIC DEVELOPMENT ADMINISTRATION INFORMATION INFRASTRUCTURE GRANTS and the Technology Administration provided for ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS by law, including not to exceed $5,000 for offi- For grants authorized by section 392 of the For grants for economic development assist- cial entertainment, $49,605,000: Provided, That Communications Act of 1934, $15,000,000, to re- ance as provided by the Public Works and Eco- not to exceed 9 full-time equivalents and main available until expended as authorized by nomic Development Act of 1965, and for trade $1,181,000 shall be expended for the legislative section 391 of the Act: Provided, That not to ex- adjustment assistance, $283,985,000, to remain affairs function of the Department. ceed $3,000,000 shall be available for program available until expended. OFFICE OF THE INSPECTOR GENERAL administration and other support activities as SALARIES AND EXPENSES authorized by section 391: Provided further, For necessary expenses of the Office of In- For necessary expenses of administering the That, of the funds appropriated herein, not to spector General in carrying out the provisions of economic development assistance programs as exceed 5 percent may be available for tele- the Inspector General Act of 1978 (5 U.S.C. provided for by law, $30,939,000: Provided, That communications research activities for projects App.), $22,758,000. these funds may be used to monitor projects ap- related directly to the development of a national GENERAL PROVISIONS, DEPARTMENT OF proved pursuant to title I of the Public Works information infrastructure: Provided further, COMMERCE Employment Act of 1976, title II of the Trade Act of 1974, and the Community Emergency Drought That, notwithstanding the requirements of sec- SEC. 201. During the current fiscal year, appli- Relief Act of 1977. tions 392(a) and 392(c) of the Act, these funds cable appropriations and funds made available may be used for the planning and construction to the Department of Commerce by this Act shall MINORITY BUSINESS DEVELOPMENT AGENCY of telecommunications networks for the provi- be available for the activities specified in the MINORITY BUSINESS DEVELOPMENT sion of educational, health care, or public infor- Act of October 26, 1949 (15 U.S.C. 1514), to the For necessary expenses of the Department of mation: Provided further, That, notwith- extent and in the manner prescribed by the Act, Commerce in fostering, promoting, and devel- standing any other provision of law, no entity and, notwithstanding 31 U.S.C. 3324, may be oping minority business enterprise, including ex- that receives telecommunications services at used for advanced payments not otherwise au- penses of grants, contracts, and other agree- preferential rates under section 254(h) of the Act thorized only upon the certification of officials ments with public or private organizations, (47 U.S.C. 254(h)) or receives assistance under designated by the Secretary of Commerce that $30,727,000. the regional information sharing systems grant such payments are in the public interest. ECONOMIC AND INFORMATION program of the Department of Justice under part SEC. 202. During the current fiscal year, ap- INFRASTRUCTURE M of title I of the Omnibus Crime Control and propriations made available to the Department ECONOMIC AND STATISTICAL ANALYSIS Safe Streets Act of 1968 (42 U.S.C. 3796h) may of Commerce by this Act for salaries and ex- use funds under a grant under this heading to penses shall be available for hire of passenger SALARIES AND EXPENSES cover any costs of the entity that would other- motor vehicles as authorized by 31 U.S.C. 1343 For necessary expenses, as authorized by law, wise be covered by such preferential rates or and 1344; services as authorized by 5 U.S.C. of economic and statistical analysis programs of such assistance, as the case may be. 3109; and uniforms or allowances therefore, as the Department of Commerce, $81,283,000, to re- authorized by law (5 U.S.C. 5901–5902). main available until September 30, 2006. UNITED STATES PATENT AND TRADEMARK OFFICE SEC. 203. Any costs incurred by a department BUREAU OF THE CENSUS or agency funded under this title resulting from SALARIES AND EXPENSES SALARIES AND EXPENSES personnel actions taken in response to funding For expenses necessary for collecting, com- For necessary expenses of the United States reductions included in this title or from actions piling, analyzing, preparing, and publishing Patent and Trademark Office provided for by taken for the care and protection of loan collat- statistics, provided for by law, $183,029,000. law, including defense of suits instituted eral or grant property shall be absorbed within PERIODIC CENSUSES AND PROGRAMS against the Under Secretary of Commerce for In- the total budgetary resources available to such For nessary expenses related to the 2010 de- tellectual Property and Director of the United department or agency: Provided, That the au- cennial census, $390,000,000, to remain available States Patent and Trademark Office, thority to transfer funds between appropriations until September 30, 2006. $1,703,300,000, to remain available until ex- accounts as may be necessary to carry out this In addition, for expenses to collect and pub- pended: Provided, That the sum herein appro- section is provided in addition to authorities in- lish statistics for other periodic censuses and priated from the general fund shall be reduced cluded elsewhere in this Act: Provided further, programs provided for by law, $154,356,000, to as offsetting collections assessed and collected That use of funds to carry out this section shall remain available until September 30, 2006. pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and be treated as a reprogramming of funds under 376 are received during fiscal year 2006, so as to section 505 of this Act and shall not be available NATIONAL TELECOMMUNICATIONS AND result in a fiscal year 2006 appropriation from for obligation or expenditure except in compli- INFORMATION ADMINISTRATION the general fund estimated at $0: Provided fur- ance with the procedures set forth in that sec- SALARIES AND EXPENSES ther, That during fiscal year 2006, should the tion. For necessary expenses, as provided for by total amount of offsetting fee collections be less SEC. 204. Funds made available for salaries law, of the National Telecommunications and than $1,703,300,000, this amount shall be re- and administrative expenses to administer the Information Administration (NTIA), $20,255,000, duced accordingly: Provided further, That from Emergency Steel Loan Guarantee Program in to remain available until September 30, 2007: amounts provided herein, not to exceed $1,000 section 211(b) of Public Law 108–199 shall re- Provided, That, notwithstanding 31 U.S.C. shall be made available in fiscal year 2006 for main available until expended: Provided, That 1535(d), the Secretary of Commerce shall charge official reception and representation expenses: section 101(k) of the Emergency Steel Loan Federal agencies for costs incurred in spectrum Provided further, That of amounts made avail- Guarantee Act of 1999 (Public Law 106–51; 15 management, analysis, and operations, and re- able under this heading, $500,000 is only for the U.S.C. 1841 note) is amended by striking ‘‘2005’’ lated services and such fees shall be retained National Intellectual Property Law Enforcement and inserting ‘‘2007’’. and used as offsetting collections for costs of Coordinating Council: Provided further, That in SEC. 205. Not to exceed 5 percent of any ap- such spectrum services, to remain available until fiscal year 2006 and hereafter, from the amounts propriation made available for the current fiscal expended: Provided further, That the Secretary made available for ‘‘Salaries and Expenses’’ for year for the Department of Commerce in this Act of Commerce is authorized to retain and use as the United States Patent and Trademark Office may be transferred between such appropria- offsetting collections all funds transferred, or (PTO), the amounts necessary to pay: (1) the tions, but no such appropriation shall be in- previously transferred, from other Government difference between the percentage of basic pay creased by more than 10 percent by any such agencies for all costs incurred in telecommuni- contributed by the PTO and employees under transfers: Provided, That any transfer pursuant cations research, engineering, and related ac- section 8334(a) of title 5, United States Code, to this section shall be treated as a reprogram- tivities by the Institute for Telecommunication and the normal cost percentage (as defined by ming of funds under section 505 of this Act and Sciences of NTIA, in furtherance of its assigned section 8331(17) of that title) of basic pay, of em- shall not be available for obligation or expendi- functions under this paragraph, and such funds ployees subject to subchapter III of chapter 83 of ture except in compliance with the procedures received from other Government agencies shall that title; and (2) the present value of the other- set forth in that section: Provided further, That remain available until expended. wise unfunded accruing costs, as determined by the Secretary of Commerce shall notify the Com- PUBLIC TELECOMMUNICATIONS FACILITIES, the Office of Personnel Management, of post-re- mittees on Appropriations at least 15 days in ad- PLANNING AND CONSTRUCTION tirement life insurance and postretirement vance of the acquisition or disposal of any cap- For the administration of grants authorized health benefits coverage for all PTO employees, ital asset (including land, structures, and equip- by section 392 of the Communications Act of shall be transferred to the Civil Service Retire- ment) not specifically provided for in this or any 1934, $22,000,000, to remain available until ex- ment and Disability Fund, the Employees Life Departments of Commerce, Justice, and State, pended as authorized by section 391 of the Act: Insurance Fund, and the Employees Health the Judiciary, and Related Agencies Appropria- Provided, That not to exceed $2,000,000 shall be Benefits Fund, as appropriate, and shall be tions Act: Provided further, That for the Na- available for program administration as author- available for the authorized purposes of those tional Oceanic and Atmospheric Administration ized by section 391 of the Act: Provided further, accounts. this section shall provide for transfers among

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9764 CONGRESSIONAL RECORD — SENATE September 8, 2005

appropriations made only to the National Oce- Zone Management Act of 1972, as amended, PACIFIC COASTAL SALMON RECOVERY anic and Atmospheric Administration and such shall not exceed $2,000,000, unless funds pro- For necessary expenses associated with the appropriations may not be transferred and re- vided for ‘‘Coastal Zone Management Grants’’ restoration of Pacific salmon populations, programmed to other Department of Commerce exceed funds provided in the previous fiscal $90,000,000 to remain available under September bureaus and appropriation accounts. year: Provided further, That if funds provided 30, 2007. This title may be cited as the ‘‘Department of for ‘‘Coastal Zone Management Grants’’ exceed COASTAL ZONE MANAGEMENT FUND Commerce and Related Agencies Appropriations funds provided in the previous fiscal year, then Of amounts collected pursuant to section 308 Act, 2006’’. no State shall receive more than 5 percent or less of the Coastal Zone Management Act of 1972 (16 TITLE III—SCIENCE than 1 percent of the additional funds: Provided U.S.C. 1456a), not to exceed $3,000,000 shall be further, That, of the $3,264,983,000 provided for DEPARTMENT OF COMMERCE transferred to the ‘‘Operations, Research and in direct obligations under this heading, Facilities’’ account to offset the costs of imple- NATIONAL INSTITUTE OF STANDARDS AND $610,462,000 shall be for the National Ocean menting such Act. TECHNOLOGY Service, $763,783,000 shall be for the National FISHERIES FINANCE PROGRAM ACCOUNT SCIENTIFIC AND TECHNICAL RESEARCH AND Marine Fisheries Service, $470,109,000 shall be For the costs of direct loans, $287,000, as au- SERVICES for Oceanic and Atmospheric Research, thorized by the Merchant Marine Act of 1936: $772,762,000 shall be for the National Weather For necessary expenses of the National Insti- Provided, That such costs, including the cost of Service, $180,412,000 shall be for the National tute of Standards and Technology, $399,869,000, modifying such loans, shall be as defined in the Environmental Satellite, Data, and Information to remain available until expended, of which Federal Credit Reform Act of 1990: Provided fur- Service, and $402,455,000 shall be for Program not to exceed $3,000,000 may be transferred to ther, That these funds are only available to sub- Support: Provided further, That payments of the ‘‘Working Capital Fund’’: Provided, That sidize gross obligations for the principal amount funds made available under this heading to the from amounts provided herein, not to exceed of direct loans not to exceed $5,000,000 for Indi- $5,000 shall be made available in fiscal year 2006 Department of Commerce Working Capital Fund including Department of Commerce General vidual Fishing Quota loans, and not to exceed for official reception and representation ex- $59,000,000 for traditional direct loans, of which penses. Counsel legal services shall not exceed $40,693,000: Provided further, That the per- $19,000,000 may be used for direct loans to the INDUSTRIAL TECHNOLOGY SERVICES sonnel management demonstration project estab- United States menhaden fishery: Provided fur- For necessary expenses of the Hollings Manu- lished at the National Oceanic and Atmospheric ther, That none of the funds made available facturing Extension Partnership of the National Administration pursuant to 5 U.S.C. 4703 may under this heading may be used for direct loans Institute of Standards and Technology, be expanded by 3,500 full-time positions to infor any new fishing vessel that will increase the $106,000,000, to remain available until expended. clude up to 6,925 full time positions and may be harvesting capacity in any United States fish- In addition, for necessary expenses of the Ad- extended indefinitely: Provided further, That ery. vanced Technology Program of the National In- none of the funds in this Act may be used for NATIONAL AERONAUTICS AND SPACE stitute of Standards and Technology, the National Oceanic and Atmospheric Adminis- ADMINISTRATION $140,000,000, to remain available until expended, tration to implement the Department of Com- SCIENCE, AERONAUTICS, AND EXPLORATION of which $60,000,000 shall be expended for the merce’s E-Government initiatives: Provided fur- (INCLUDING TRANSFERS OF FUNDS) award of new grants before September 30, 2006. ther, That, notwithstanding any other provision CONSTRUCTION OF RESEARCH FACILITIES For necessary expenses, not otherwise proof law, the authorities provided to National Aer- vided for, in the conduct and support of science, For construction of new research facilities, in- onautics and Space Administration pursuant to aeronautics and exploration research and devel- cluding architectural and engineering design, 42 U.S.C. 2473 shall be available to the National opment activities, including research, develop- and for renovation and maintenance of existing Oceanic and Atmospheric Administration in the ment, operations, support and services; mainte- facilities, not otherwise provided for the Na- furtherance of its oceanic, atmospheric and nance; construction of facilities including re- tional Institute of Standards and Technology, space mission and programs: Provided further, pair, rehabilitation, revitalization, and modi- as authorized by 15 U.S.C. 278c–278e, That the obligated balance of such sums shall fication of facilities, construction of new facili- $198,631,000, to remain available until expended: remain available through September 30, 2012 for ties and additions to existing facilities, facility Provided, That beginning in fiscal year 2007 and liquidating obligations made in fiscal years 2004 planning and design, and restoration, and ac- for each fiscal year thereafter, the Secretary of and 2005. quisition or condemnation of real property, as Commerce shall include in the budget justifica- In addition, for necessary retired pay ex- authorized by law; environmental compliance tion materials that the Secretary submits to penses under the Retired Serviceman’s Family and restoration; space flight, spacecraft control Congress in support of the Department of Com- Protection and Survivor Benefits Plan, and for and communications activities including oper- merce budget (as submitted with the budget of payments for medical care of retired personnel ations, production, and services; program man- the President under section 1105(a) of title 31, 10 and their dependents under the Dependents agement; personnel and related costs, including United States Code) an estimate for each Na- Medical Care Act (10 U.S.C. ch. 55), such sums uniforms or allowances therefor, as authorized tional Institute of Standards and Technology as may be necessary. by 5 U.S.C. 5901–5902; travel expenses; purchase construction project having a total multiyear PROCUREMENT, ACQUISITION AND CONSTRUCTION and hire of passenger motor vehicles; not to ex- program cost of more than $5,000,000 and simul- For procurement, acquisition and construction ceed $35,000 for official reception and represen- taneously the budget justification materials of capital assets, including alteration and modi- tation expenses; and purchase, lease, charter, shall include an estimate of the budgetary re- fication costs, of the National Oceanic and At- maintenance and operation of mission and ad- quirements for each such project for each of the mospheric Administration, $1,195,017,000, to re- ministrative aircraft, $9,761,000,000, to remain five subsequent fiscal years. main available until September 30, 2008, except funds provided for construction of facilities available until September 30, 2007, of which NATIONAL OCEANIC AND ATMOSPHERIC which shall remain available until expended: amounts as determined by the Administrator for ADMINISTRATION Provided, That funds provided under this head- salaries and benefits; training, travel and OPERATIONS, RESEARCH, AND FACILITIES ing for the National Polar-orbiting Operational awards; facility and related costs; information (INCLUDING TRANSFERS OF FUNDS) Environmental Satellite System shall only be technology services; science, engineering, fabri- For necessary expenses of activities author- made available on a dollar for dollar matching cating and testing services; and other adminis- ized by law for the National Oceanic and At- basis with funds provided for the same purpose trative services may be transferred to ‘‘Explo- mospheric Administration, including mainte- by the Department of Defense: Provided further, ration Capabilities’’ in accordance with section nance, operation, and hire of aircraft and ves- That except to the extent expressly prohibited by 312(b) of the National Aeronautics and Space sels; grants, contracts, or other payments to any other law, the Department of Defense may Act of 1958, as amended by Public Law 106–377: nonprofit organizations for the purposes of con- delegate procurement functions related to the Provided, That within the amounts provided ducting activities pursuant to cooperative agree- National Polar-orbiting Operational Environ- under this heading, $250,000,000 shall be for a ments; relocation of facilities, $3,199,983,000, to mental Satellite System to officials of the De- Hubble servicing mission, $1,120,100,000 shall be remain available until September 30, 2007, except partment of Commerce pursuant to section 2311 for Constellation systems, and $132,930,000 shall for funds provided for cooperative enforcement of title 10, United States Code: Provided further, be for other related exploration, science, and which shall remain available until September 30, That beginning in fiscal year 2006 and for each aeronautics activities. 2008: Provided, That in addition, $3,000,000 shall fiscal year thereafter, the Secretary of Com- EXPLORATION CAPABILITIES be derived by transfer from the fund entitled merce shall include in the budget justification (INCLUDING TRANSFER OF FUNDS) ‘‘Coastal Zone Management’’ and in addition materials that the Secretary submits to Congress For necessary expenses, not otherwise pro- $62,000,000 shall be derived by transfer from the in support of the Department of Commerce vided for, in the conduct and support of explo- fund entitled ‘‘Promote and Develop Fishery budget (as submitted with the budget of the ration capabilities research and development ac- Products and Research Pertaining to American President under section 1105(a) of title 31, 10 tivities, including research, development, oper- Fisheries’’: Provided further, That fees and do- United States Code) an estimate for each Na- ations, support and services; maintenance; con- nations received for the management of the national Oceanic and Atmospheric Administration struction of facilities including repair, rehabili- tional marine sanctuaries may be retained and procurement, acquisition and construction pro- tation, revitalization and modification of facili- used for the salaries and expenses associated gram having a total multiyear program cost of ties, construction of new facilities and additions with those activities, notwithstanding 31 U.S.C. more than $5,000,000 and an estimate of the to existing facilities, facility planning and de- 3302: Provided further, That grants to States budgetary requirements for each such program sign, and acquisition or condemnation of real pursuant to sections 306 and 306A of the Coastal for each of the five subsequent fiscal years. property, as authorized by law; environmental

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9765

compliance and restoration; space flight, space- remain available until September 30, 2006: Pro- GENERAL PROVISIONS—SCIENCE craft control and communications activities in- vided, That receipts for scientific support serv- (INCLUDING TRANSFER OF FUNDS) cluding operations, production, and services; ices and materials furnished by the National Re- program management; personnel and related search Centers and other National Science SEC. 301. Notwithstanding any other provision costs, including uniforms or allowances there- Foundation supported research facilities may be of law, of the amounts made available elsewhere for, as authorized by 5 U.S.C. 5901–5902; travel credited to this appropriation: Provided further, in this title to the ‘‘National Institute of Stand- expenses; purchase and hire of passenger motor That to the extent that the amount appropriated ards and Technology, Construction of Research vehicles; not to exceed $35,000 for official recep- is less than the total amount authorized to be Facilities’’, $8,000,000 is for a cooperative agree- tion and representation expenses; and purchase, appropriated for included program activities, all ment with the Medical University of South lease, charter, maintenance and operation of amounts, including floors and ceilings, specified Carolina; $20,000,000 is for the National Formu- mission and administrative aircraft, in the authorizing Act for those program activi- lation Science Laboratory at the University of $6,603,000,000, to remain available until Sep- ties or their subactivities shall be reduced pro- Southern Mississippi; $20,000,000 is for the Uni- tember 30, 2007, of which amounts as determined portionally. versity of Mississippi Research Park; $5,000,000 by the Administrator for salaries and benefits; MAJOR RESEARCH EQUIPMENT AND FACILITIES is for the Alabama State University Science and training, travel and awards; facility and related CONSTRUCTION Education Building; $8,000,000 is for Tusca- costs; information technology services; science, For necessary expenses for the acquisition, loosa, Alabama, revitalization; $20,000,000 is for engineering, fabricating and testing services; construction, commissioning, and upgrading of the Biomedical Research Center at the Univer- and other administrative services may be trans- major research equipment, facilities, and other sity of Alabama at Birmingham; and $30,000,000 ferred to ‘‘Science, Aeronautics, and Explo- such capital assets pursuant to the National is for the University of Alabama for the design ration’’ in accordance with section 312(b) of the Science Foundation Act of 1950, as amended, in- and construction of the Science and Engineer- National Aeronautics and Space Act of 1958, as cluding authorized travel, $193,350,000, to re- ing Center. amended by Public Law 106–377. main available until expended. SEC. 302. Of the amount available from the OFFICE OF INSPECTOR GENERAL EDUCATION AND HUMAN RESOURCES fund entitled ‘‘Promote and Develop Fishery For necessary expenses of the Office of In- For necessary expenses in carrying out science Products and Research Pertaining to American spector General in carrying out the Inspector and engineering education and human resources Fisheries’’, $10,000,000 shall be provided to the General Act of 1978, as amended, $32,400,000, to programs and activities pursuant to the Na- Alaska Fisheries Marketing Board, $5,000,000 remain available until September 30, 2007. tional Science Foundation Act of 1950, as shall be available to the Southern Shrimp Alli- ADMINISTRATIVE PROVISIONS amended (42 U.S.C. 1861–1875), including serv- ance for its ‘‘Wild American Shrimp Marketing Notwithstanding the limitation on the avail- ices as authorized by 5 U.S.C. 3109, authorized Program’’. ability of funds appropriated for ‘‘Science, aero- travel, and rental of conference rooms in the SEC. 303. Of the amounts made available nautics, and exploration’’, or ‘‘Exploration ca- District of Columbia, $747,000,000, to remain under the heading ‘‘Procurement, Acquisition pabilities’’ by this appropriations Act, when any available until September 30, 2006: Provided, and Construction, National Oceanic and Atmos- activity has been initiated by the incurrence of That to the extent that the amount of this ap- pheric Administration’’, $12,000,000 shall be obligations for construction of facilities or envi- propriation is less than the total amount au- transferred to the National Aeronautics and ronmental compliance and restoration activities thorized to be appropriated for included pro- Space Administration for the planning, design, as authorized by law, such amount available for gram activities, all amounts, including floors and construction of Building 3203, and for the such activity shall remain available until ex- and ceilings, specified in the authorizing Act for planning and design of Buildings 3205 and 3216. pended. This provision does not apply to the those program activities or their subactivities This title may be cited as the ‘‘Science Appro- amounts appropriated for minor institutional re- shall be reduced proportionally. priations Act, 2006’’. vitalization and construction of facilities, and SALARIES AND EXPENSES TITLE IV—RELATED AGENCIES institutional facility planning and design. For salaries and expenses necessary in car- Notwithstanding the limitation on the avail- rying out the National Science Foundation Act COMMISSION ON CIVIL RIGHTS ability of funds appropriated for ‘‘Science, Aero- of 1950, as amended (42 U.S.C. 1861–1875); serv- SALARIES AND EXPENSES nautics, and Exploration’’, or ‘‘Exploration ca- ices authorized by 5 U.S.C. 3109; hire of pas- pabilities’’ by this appropriations Act, the senger motor vehicles; not to exceed $9,000 for For necessary expenses of the Commission on amounts appropriated for construction of facili- official reception and representation expenses; Civil Rights, including hire of passenger motor ties shall remain available until September 30, uniforms or allowances therefor, as authorized vehicles, $9,000,000: Provided, That not to ex- 2008. by 5 U.S.C. 5901–5902; rental of conference rooms ceed $50,000 may be used to employ consultants: Funds for announced prizes otherwise author- in the District of Columbia; and reimbursement Provided further, That none of the funds appro- ized shall remain available, without fiscal year of the General Services Administration for secu- priated in this paragraph shall be used to em- limitation, until the prize is claimed or the offer rity guard services; $229,896,000: Provided, That ploy in excess of four full-time individuals is withdrawn. Funding shall not be made avail- contracts may be entered into under ‘‘Salaries under Schedule C of the Excepted Service exclu- able for Centennial Challenges unless author- and expenses’’ in fiscal year 2006 for mainte- sive of one special assistant for each Commis- ized. nance and operation of facilities, and for other sioner: Provided further, That none of the funds The unexpired balances of prior appropria- services, to be provided during the next fiscal appropriated in this paragraph shall be used to tions to National Aeronautics and Space Admin- year. reimburse Commissioners for more than 75 istration for activities for which funds are pro- billable days, with the exception of the chair- OFFICE OF THE NATIONAL SCIENCE BOARD vided under this Act may be transferred to the person, who is permitted 125 billable days. new account established for the appropriation For necessary expenses (including payment of that provides such activity under this Act. Bal- salaries, authorized travel, hire of passenger EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ances so transferred may be merged with funds motor vehicles, the rental of conference rooms in SALARIES AND EXPENSES in the newly established account and thereafter the District of Columbia, and the employment of experts and consultants under section 3109 of For necessary expenses of the Equal Employ- may be accounted for as one fund under the ment Opportunity Commission as authorized by same terms and conditions. title 5, United States Code) involved in carrying out section 4 of the National Science Founda- title VII of the Civil Rights Act of 1964 (29 NATIONAL SCIENCE FOUNDATION tion Act of 1950 (42 U.S.C. 1863) and Public Law U.S.C. 206(d) and 621–634), the Americans with RESEARCH AND RELATED ACTIVITIES 86–209 (42 U.S.C. 1880 et seq.), $4,000,000: Pro- Disabilities Act of 1990, and the Civil Rights Act For necessary expenses in carrying out the vided, That not more than $9,000 shall be avail- of 1991, including services as authorized by 5 National Science Foundation Act of 1950, as able for official reception and representation ex- U.S.C. 3109; hire of passenger motor vehicles as amended (42 U.S.C. 1861–1875), and the Act to penses. authorized by 31 U.S.C. 1343(b); non-monetary establish a National Medal of Science (42 U.S.C. awards to private citizens; and not to exceed OFFICE OF INSPECTOR GENERAL 1880–1881); services as authorized by 5 U.S.C. $33,000,000 for payments to State and local en- For necessary expenses of the Office of In- 3109; maintenance and operation of aircraft and forcement agencies for services to the Commis- spector General as authorized by the Inspector purchase of flight services for research support; sion pursuant to title VII of the Civil Rights Act General Act of 1978, as amended, $11,500,000, to acquisition of aircraft; and authorized travel; of 1964, sections 6 and 14 of the Age Discrimina- remain available until September 30, 2006. $4,345,213,000, of which at least $386,930,000 tion in Employment Act, the Americans with shall remain available until expended for Polar EXECUTIVE OFFICE OF THE PRESIDENT Disabilities Act of 1990, and the Civil Rights Act research and operations support, of which up to OFFICE OF SCIENCE AND TECHNOLOGY POLICY of 1991, $331,228,000: Provided, That the Com- $58,000,000 shall be used for the procurement of For necessary expenses of the Office of mission is authorized to make available for offi- polar ice breaking services from the U.S. Coast Science and Technology Policy, in carrying out cial reception and representation expenses not Guard, and that in the event that the U.S. the purposes of the National Science and Tech- to exceed $2,500 from available funds: Provided Coast Guard is unable to provide said ice break- nology Policy, Organization, and Priorities Act further, That the Commission may take no ac- ing services, then the National Science Founda- of 1976 (42 U.S.C. 6601 and 6671), hire of pas- tion to implement any workforce repositioning, tion shall procure such services from alternative senger motor vehicles, and services as author- restructuring, or reorganization until such time sources, and for reimbursement to other Federal ized by 5 U.S.C. 3109, not to exceed $2,500 for of- as the Committees on Appropriations have been agencies for operational and science support ficial reception and representation expenses, notified of such proposals, in accordance with and logistical and other related activities for the and rental of conference rooms in the District of the reprogramming provisions of section 505 of United States Antarctic program; the balance to Columbia, $5,564,000. this Act.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9766 CONGRESSIONAL RECORD — SENATE September 8, 2005

FEDERAL COMMUNICATIONS COMMISSION headquarters building, the Federal Trade Com- 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall SALARIES AND EXPENSES mission Building, located at 600 Pennsylvania be credited to this account as offsetting collec- For necessary expenses of the Federal Commu- Avenue, Northwest, Washington, DC; to render tions: Provided further, That not to exceed nications Commission, as authorized by law, in- such building appropriate for occupation by an- $863,117,000 of such offsetting collections shall cluding uniforms and allowances therefor, as other Federal agency or other organization or be available until expended for necessary ex- authorized by 5 U.S.C. 5901–5902; not to exceed division thereof; or to locate any such agency, penses of this account: Provided further, That $9,900,000 for land and structure; not to exceed organization, or division in said building. $25,000,000 shall be derived from prior year un- $500,000 for improvement and care of grounds LEGAL SERVICES CORPORATION obligated balances from funds previously appropriated to the Securities and Exchange Commis- and repair to buildings; not to exceed $4,000 for PAYMENT TO THE LEGAL SERVICES CORPORATION official reception and representation expenses; sion: Provided further, That the total amount For payment to the Legal Services Corpora- appropriated under this heading from the gen- purchase and hire of motor vehicles; special tion to carry out the purposes of the Legal Serv- counsel fees; and services as authorized by 5 eral fund for fiscal year 2006 shall be reduced as ices Corporation Act of 1974, $324,527,000, of U.S.C. 3109, $297,370,000: Provided, That such offsetting fees are received so as to result which $312,251,000 is for basic field programs $296,370,000 of offsetting collections shall be as- in a final total fiscal year 2006 appropriation and required independent audits; $2,600,000 is sessed and collected pursuant to section 9 of from the general fund estimated at not more for the Office of Inspector General, of which title I of the Communications Act of 1934, shall than $0. such amounts as may be necessary may be used be retained and used for necessary expenses in SMALL BUSINESS ADMINISTRATION to conduct additional audits of recipients; this appropriation, and shall remain available $13,900,000 is for management and administra- SALARIES AND EXPENSES until expended: Provided further, That the sum tion; $3,400,000 is for client self-help and infor- For necessary expenses, not otherwise pro- herein appropriated shall be reduced as such mation technology; and $2,849,000 is for grants vided for, of the Small Business Administration offsetting collections are received during fiscal to offset losses due to census adjustments. as authorized by Public Law 106–554, including year 2006 so as to result in a final fiscal year hire of passenger motor vehicles as authorized ADMINISTRATIVE PROVISION—LEGAL SERVICES 2006 appropriation estimated at $1,000,000: Pro- by 31 U.S.C. 1343 and 1344, and not to exceed CORPORATION vided further, That any offsetting collections re- $3,500 for official reception and representation ceived in excess of $296,370,000 in fiscal year None of the funds appropriated in this Act to expenses, $336,084,000: Provided, That the Ad- 2006 shall remain available until expended, but the Legal Services Corporation shall be ex- ministrator is authorized to charge fees to cover shall not be available for obligation until Octo- pended for any purpose prohibited or limited by, the cost of publications developed by the Small ber 1, 2006: Provided further, That notwith- or contrary to any of the provisions of, sections Business Administration, and certain loan serv- standing 47 U.S.C. 309(j)(8)(B), proceeds from 501, 502, 503, 504, 505, and 506 of Public Law icing activities: Provided further, That, notwith- the use of a competitive bidding system that may 105–119, and all funds appropriated in this Act standing 31 U.S.C. 3302, revenues received from be retained and made available for obligation to the Legal Services Corporation shall be sub- all such activities shall be credited to this ac- shall not exceed $85,000,000 for fiscal year 2006: ject to the same terms and conditions set forth count, to be available for carrying out these Provided further, That, in addition, not to ex- in such sections, except that all references in purposes without further appropriations: Pro- ceed $20,000,000 may be transferred from the sections 502 and 503 to 1997 and 1998 shall be vided further, That $89,000,000 shall be available Universal Service Fund to monitor the Universal deemed to refer instead to 2005 and 2006, respec- to fund grants for performance in fiscal year Service Fund program to prevent and remedy tively, and except that section 501(a)(1) of Pub- 2006 or fiscal year 2007 as authorized: Provided waste, fraud and abuse, and to conduct audits lic Law 104–134 (110 Stat. 1321–51, et seq.) shall further, That the Small Business Administration and investigations by the Office of Inspector not apply to the use of the $1,775,000 to address is authorized to award grants under the Wom- General: Provided further, That any sums that loss of funding due to Census-based realloca- en’s Business Center Sustainability Pilot Pro- are transferred from such Fund for such pur- tions. gram established by section 4(a) of Public Law poses shall be subject to the reprogramming re- MARINE MAMMAL COMMISSION 106–165 (15 U.S.C. 656(l)): Provided further, quirements set forth in section 505 of this Act. SALARIES AND EXPENSES That, of the amounts provided for Women’s FEDERAL TRADE COMMISSION For necessary expenses of the Marine Mam- Business Centers, not less than 48 percent shall SALARIES AND EXPENSES mal Commission as authorized by title II of Pub- be available to continue Women’s Business Cen- For necessary expenses of the Federal Trade lic Law 92–522, $2,000,000. ters in sustainability status. OFFICE OF INSPECTOR GENERAL Commission, including uniforms or allowances NATIONAL VETERANS BUSINESS DEVELOPMENT For necessary expenses of the Office of In- therefor, as authorized by 5 U.S.C. 5901–5902; CORPORATION services as authorized by 5 U.S.C. 3109; hire of spector General in carrying out the provisions of For necessary expenses of the National Vet- passenger motor vehicles; and not to exceed the Inspector General Act of 1978, $14,500,000. erans Business Development Corporation as au- $2,000 for official reception and representation SURETY BOND GUARANTEES REVOLVING FUND thorized under section 33(a) of the Small Busi- expenses, $211,000,000, to remain available until For additional capital for the Surety Bond ness Act, $2,000,000, to remain available until expended: Provided, That not to exceed $300,000 Guarantees Revolving Fund, authorized by the expended. shall be available for use to contract with a per- Small Business Investment Act, as amended, son or persons for collection services in accord- SECURITIES AND EXCHANGE COMMISSION $3,000,000, to remain available until expended. ance with the terms of 31 U.S.C. 3718: Provided SALARIES AND EXPENSES BUSINESS LOANS PROGRAM ACCOUNT further, That, notwithstanding any other provi- For necessary expenses for the Securities and (INCLUDING TRANSFER OF FUNDS) sion of law, not to exceed $116,000,000 of offset- Exchange Commission, including services as au- For the cost of guaranteed loans, $2,000,000, ting collections derived from fees collected for thorized by 5 U.S.C. 3109, the rental of space (to as authorized by 15 U.S.C. 631 note, to remain premerger notification filings under the Hart- include multiple year leases) in the District of available until September 30, 2006: Provided, Scott-Rodino Antitrust Improvements Act of Columbia and elsewhere, and not to exceed That such costs, including the cost of modifying 1976 (15 U.S.C. 18a), regardless of the year of $3,000 for official reception and representation such loans, shall be as defined in section 502 of collection, shall be retained and used for nec- expenses, $888,117,000; of which not to exceed the Congressional Budget Act of 1974: Provided essary expenses in this appropriation: Provided $13,000 may be used toward funding a perma- further, That subject to section 502 of the Con- further, That, notwithstanding any other provi- nent secretariat for the International Organiza- gressional Budget Act of 1974, during fiscal year sion of law, $23,000,000 in offsetting collections tion of Securities Commissions; and of which not 2006 commitments to guarantee loans under sec- derived from fees sufficient to implement and to exceed $100,000 shall be available for expenses tion 503 of the Small Business Investment Act of enforce the Telemarketing Sales Rule, promul- for consultations and meetings hosted by the 1958, shall not exceed the levels established gated under the Telephone Consumer Fraud Commission with foreign governmental and under 20(e)(1)(B)(ii) of the Small Business Act: and Abuse Prevention Act (15 U.S.C. 6101 et other regulatory officials, members of their dele- Provided further, That during fiscal year 2006 seq.), shall be credited to this account, and be gations, appropriate representatives and staff to commitments for general business loans author- retained and used for necessary expenses in this exchange views concerning developments relat- ized under section 7(a) of the Small Business appropriation: Provided further, That the sum ing to securities matters, development and im- Act, shall not exceed the levels established herein appropriated from the general fund shall plementation of cooperation agreements con- under 20(e)(1)(B)(i) of the Small Business Act: be reduced as such offsetting collections are re- cerning securities matters and provision of tech- Provided further, That during fiscal year 2006 ceived during fiscal year 2006, so as to result in nical assistance for the development of foreign commitments to guarantee loans for debentures a final fiscal year 2006 appropriation from the securities markets, such expenses to include nec- and participating securities under section 303(b) general fund estimated at not more than essary logistic and administrative expenses and of the Small Business Investment Act of 1958, $72,000,000: Provided further, That none of the the expenses of Commission staff and foreign shall not exceed the levels established by section funds made available to the Federal Trade Com- invitees in attendance at such consultations and 20(i)(1)(C) of the Small Business Act. mission may be used to enforce subsection (e) of meetings including: (1) such incidental expenses In addition, for administrative expenses to section 43 of the Federal Deposit Insurance Act as meals taken in the course of such attendance; carry out the direct and guaranteed loan pro- (12 U.S.C. 1831t) or section 151(b)(2) of the Fed- (2) any travel and transportation to or from grams, $126,653,000, which may be transferred to eral Deposit Insurance Corporation Improve- such meetings; and (3) any other related lodging and merged with the appropriations for Salaries ment Act of 1991 (12 U.S.C. 1831t note): Provided or subsistence: Provided, That fees and charges and Expenses. further, That hereafter no funds appropriated authorized by sections 6(b) of the Securities Ex- DISASTER LOANS PROGRAM ACCOUNT in this or any other Act shall be expended to re- change Act of 1933 (15 U.S.C. 77f(b)), and 13(e), For the cost of direct loans authorized by sec- move the Federal Trade Commission from its 14(g) and 31 of the Securities Exchange Act of tion 7(b) of the Small Business Act, $83,335,000,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9767 to remain available until expended: Provided, counts in the Treasury of the United States de- in compliance with the procedures set forth in That such costs, including the cost of modifying rived by the collection of fees available to the that section. such loans, shall be as defined in section 502 of agencies funded by this Act, shall be available SEC. 511. Of the funds appropriated in this the Congressional Budget Act of 1974. for obligation or expenditure through a re- Act under the heading ‘‘Office of Justice Pro- In addition, for administrative expenses to programming of funds that: (1) creates new programs—State and Local Law Enforcement As- carry out the direct loan program, $56,000,000, grams; (2) eliminates a program, project, or ac- sistance’’, not more than 90 percent of the which may be transferred to and merged with tivity; (3) increases funds or personnel by any amount to be awarded to an entity under the appropriations for Salaries and Expenses, of means for any project or activity for which Local Law Enforcement Block Grant shall be which $1,500,000 is for the Office of Inspector funds have been denied or restricted; (4) relo- made available to such an entity when it is General of the Small Business Administration cates an office or employees; (5) reorganizes or made known to the Federal official having au- for audits and reviews of disaster loans and the renames offices; (6) reorganizes programs or ac- thority to obligate or expend such funds that disaster loan program and shall be transferred tivities; or (7) contracts out or privatizes any the entity that employs a public safety officer to and merged with appropriations for the Of- functions or activities presently performed by (as such term is defined in section 1204 of title fice of Inspector General; of which $46,100,000 is Federal employees; unless the Appropriations I of the Omnibus Crime Control and Safe Streets for direct administrative expenses of loan mak- Committees of both Houses of Congress are noti- Act of 1968) does not provide such a public safe- ing and servicing to carry out the direct loan fied 15 days in advance of such reprogramming ty officer who retires or is separated from service program; and of which $9,000,000 is for indirect of funds. due to injury suffered as the direct and proxi- administrative expenses and may be transferred (b) None of the funds provided under this Act, mate result of a personal injury sustained in the to and merged with funds in the Salaries and or provided under previous appropriations Acts line of duty while responding to an emergency Expenses appropriations account: Provided, to the agencies funded by this Act that remain situation or a hot pursuit (as such terms are de- That any amount to be transferred to and available for obligation or expenditure in fiscal fined by State law) with the same or better level merged with appropriations for Salaries and Ex- year 2006, or provided from any accounts in the of health insurance benefits at the time of re- penses for any purpose shall be treated as a re- Treasury of the United States derived by the tirement or separation as they received while on programming of funds under section 505 of this collection of fees available to the agencies fund- duty. Act and shall not be available for obligation or ed by this Act, shall be available for obligation SEC. 512. None of the funds provided by this expenditure except in compliance with the pro- or expenditure for activities, programs, or Act shall be available to promote the sale or ex- cedures set forth in that section. projects through a reprogramming of funds in port of tobacco or tobacco products, or to seek ADMINISTRATIVE PROVISION—SMALL BUSINESS excess of $1,000,000 or 10 percent, whichever is the reduction or removal by any foreign country ADMINISTRATION less, that: (1) augments existing programs, of restrictions on the marketing of tobacco or to- projects (including construction projects), or ac- Not to exceed 5 percent of any appropriation bacco products, except for restrictions which are tivities; (2) reduces by 10 percent funding for made available for the current fiscal year for not applied equally to all tobacco or tobacco any existing program, project, or activity, or the Small Business Administration in this Act products of the same type. numbers of personnel by 10 percent as approved may be transferred between such appropria- SEC. 513. Notwithstanding any other provision by Congress; or (3) results from any general sav- tions, but no such appropriation shall be in- of law, amounts deposited or available in the ings from a reduction in personnel which would creased by more than 10 percent by any such Fund established under 42 U.S.C. 10601 in any result in a change in existing programs, activi- transfers: Provided, That any transfer pursuant fiscal year in excess of $625,000,000 shall not be ties, or projects as approved by Congress; unless to this paragraph shall be treated as a re- available for obligation until the following fiscal the Appropriations Committees of both Houses programming of funds under section 505 of this year. of Congress are notified 15 days in advance of SEC. 514. Of the amounts made available Act and shall not be available for obligation or such reprogramming of funds: Provided, That under the heading ‘‘Small Business Administra- expenditure except in compliance with the pro- transfers may not be made from ‘‘Buildings and tion, Salaries and Expenses’’, $50,000,000 shall cedures set forth in that section. Facilities, Federal Prison System’’ to any other be available for programs described in the state- STATE JUSTICE INSTITUTE Department of Justice account. ment accompanying this Act. SALARIES AND EXPENSES SEC. 506. Hereafter, none of the funds made SEC. 515. None of the funds appropriated pur- For necessary expenses of the State Justice In- available in this Act or any other Act may be suant to this Act or any other provision of law stitute, as authorized by the State Justice Insti- used for the construction, repair (other than may be used for— tute Authorization Act of 1992 (Public Law 102– emergency repair), overhaul, conversion, or (1) the implementation of any tax or fee in 572), $5,000,000: Provided, That not to exceed modernization of vessels for the National Oce- connection with the implementation of sub- $2,500 shall be available for official reception anic and Atmospheric Administration in ship- section 922(t) of title 18, United States Code; and and representation expenses. yards located outside of the United States. (2) any system to implement subsection 922(t) SEC. 507. If it has been finally determined by of title 18, United States Code, that does not re- TITLE V—GENERAL PROVISIONS a court or Federal agency that any person inquire and result in the destruction of any iden- SEC. 501. The Departments of Commerce and tentionally affixed a label bearing a ‘‘Made in tifying information submitted by or on behalf of Justice, the National Aeronautics and Space Ad- America’’ inscription, or any inscription with any person who has been determined not to be ministration, the Federal Communications Com- the same meaning, to any product sold in or prohibited from possessing or receiving a firearm mission, the Securities and Exchange Commis- shipped to the United States that is not made in no more than 24 hours after the system advises sion, and the Small Business Administration the United States, the person shall be ineligible a Federal firearms licensee that possession or re- shall provide to the Committees on Appropria- to receive any contract or subcontract made ceipt of a firearm by the prospective transferee tions of the Senate and of the House of Rep- with funds made available in this Act, pursuant would not violate subsection (g) or (n) of section resentatives a quarterly accounting of the cu- to the debarment, suspension, and ineligibility 922 of title 18, United States Code, or State law. mulative balances of any unobligated funds that procedures described in sections 9.400 through SEC. 516. All disaster loans issued in Alaska were made available to any such agency in any 9.409 of title 48, Code of Federal Regulations. shall be administered by the Small Business Ad- previous appropriations Act. SEC. 508. None of the funds appropriated or ministration and shall not be sold during fiscal SEC. 502. No part of any appropriation con- otherwise made available by this Act or any year 2006. tained in this Act shall remain available for ob- other Act may be used to implement, enforce, or SEC. 517. None of the funds made available in ligation beyond the current fiscal year unless otherwise abide by the Memorandum of Agree- this Act may be transferred to any department, expressly so provided herein. ment signed by the Federal Trade Commission agency, or instrumentality of the United States SEC. 503. The expenditure of any appropria- and the Antitrust Division of the Department of Government, except pursuant to a transfer made tion under this Act for any consulting service Justice on March 5, 2002. by, or transfer authority provided in, this Act or through procurement contract, pursuant to 5 SEC. 509. Section 704 of the Public Works and any other appropriations Act. U.S.C. 3109, shall be limited to those contracts Economic Development Act of 1965 (42 U.S.C. SEC. 518. The Secretary of Commerce shall rep- where such expenditures are a matter of public 3234) shall not apply to any funds made avail- resent the United States Government in negoti- record and available for public inspection, ex- able by this Act or an amendment made by this ating and monitoring international agreements cept where otherwise provided under existing Act. regarding fisheries, marine mammals, or sea tur- law, or under existing Executive order issued SEC. 510. Any costs incurred by a department tles: Provided, That the Secretary of Commerce pursuant to existing law. or agency funded under this Act resulting from shall be responsible for the development and SEC. 504. If any provision of this Act or the personnel actions taken in response to funding interdepartmental coordination of the policies of application of such provision to any person or reductions included in this Act shall be absorbed the United States with respect to the inter- circumstances shall be held invalid, the remain- within the total budgetary resources available to national negotiations and agreements referred der of the Act and the application of each provi- such department or agency: Provided, That the to in this section. sion to persons or circumstances other than authority to transfer funds between appropria- SEC. 519. Any funds provided in this Act used those as to which it is held invalid shall not be tions accounts as may be necessary to carry out to implement E-Government Initiatives shall be affected thereby. this section is provided in addition to authori- subject to the procedures set forth in section 505 SEC. 505. (a) None of the funds provided under ties included elsewhere in this Act: Provided of this Act. this Act, or provided under previous appropria- further, That use of funds to carry out this sec- SEC. 520. UNIVERSAL SERVICE SUPPORT. None tions Acts to the agencies funded by this Act tion shall be treated as a reprogramming of of the funds appropriated by this Act may be that remain available for obligation or expendi- funds under section 505 of this Act and shall not used by the Federal Communications Commis- ture in fiscal year 2006, or provided from any ac- be available for obligation or expenditure except sion to modify, amend, or change its rules or

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 6333 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9768 CONGRESSIONAL RECORD — SENATE September 8, 2005 regulations for universal service support pay- bill at a time when discretionary dol- tant because it provides funding for ments to implement the February 27, 2004 rec- lars are scarce. The subcommittee hurricane prediction and warning, in- ommendations of the Federal-State Joint Board chairman and ranking member have cluding the National Data Buoy Center on Universal Service regarding single connec- had to make many difficult decisions which provides data from the oceans to tion or primary line restrictions on universal service support payments. on issues that were presented during help assess the strength and speed of SEC. 521. (a) Tracing studies conducted by the the writing of this bill. hurricanes. Bureau of Alcohol, Tobacco, Firearms and Ex- The consideration of the bill also The bill also provides funding for plosives are released without adequate dis- comes at a time when we have wit- NASA, the National Aeronautics and claimers regarding the limitations of the data. nessed a terrible tragedy in the gulf Space Administration, to move forward (b) The Bureau of Alcohol, Tobacco, Firearms coast region of our Nation. The entire with the exploration vision, while fully and Explosives shall include in all such data re- region, including specifically Alabama, funding activities of the space shuttle leases, language similar to the following that Louisiana, Mississippi, and other areas would make clear that trace data cannot be and the International Space Station. used to draw broad conclusions about firearms- have suffered serious damages, the loss In the related agencies title of the related crime: of lives and livelihoods. bill, funding is included for the Securi- (1) Firearm traces are designed to assist law This bill provides funding for many ties and Exchange Commission and the enforcement authorities in conducting investiga- Government functions and programs Federal Communications Commission. tions by tracking the sale and possession of spe- that are important to hurricane pre- The bill also addresses very impor- cific firearms. Law enforcement agencies may diction, response, and recovery. Small tant needs that were brought to the at- request firearms traces for any reason, and Business Administration disaster tention of the committee during hear- those reasons are not necessarily reported to the loans, Economic Development Admin- ings by both the administration and Federal Government. Not all firearms used in crime are traced and not all firearms traced are istration public works grants, and other Senators. Overall, the sub- used in crime. State and local law enforcement assist- committee chairman and ranking (2) Firearms selected for tracing are not cho- ance grants are a few examples of pro- member have crafted a bill that re- sen for purposes of determining which types, grams contained in the bill that can flects the committee’s and the Senate’s makes or models of firearms are used for illicit help disaster victims in the short run. priorities as well as those of the admin- purposes. The firearms selected do not constitute We do need immediate assistance istration. a random sample and should not be considered available, and these funds will become I hope Senators will support the bill. representative of the larger universe of all fire- available at the beginning of the fiscal And we hope we can complete action on arms used by criminals, or any subset of that universe. Firearms are normally traced to the year, starting October 1. it today. first retail seller, and sources reported for fire- The National Oceanic and Atmos- Mr. President, I yield the floor. arms traced do not necessarily represent the pheric Administration is a major agen- The PRESIDING OFFICER. The Sen- sources or methods by which firearms in general cy involved in researching, forecasting, ator from Maryland. are acquired for use in crime. monitoring, and warning of hurricanes. Ms. MIKULSKI. Thank you very TITLE VI—RESCISSIONS Funding for that agency is included in much, Mr. President. DEPARTMENT OF JUSTICE this bill. I come to the floor as the ranking GENERAL ADMINISTRATION But this bill also reflects a commit- member of this very brandnew sub- COUNTERTERRORISM FUND ment to responsibility in holding down committee called Commerce, Justice, and Science. As the Presiding Officer (RESCISSION) the level of spending at a time when we Of the unobligated balances available under see the Federal Government building knows, and our colleagues remember, this heading, $11,000,000 are rescinded. up deficits that some worry threaten the Appropriations Committee reorga- LEGAL ACTIVITIES the economic livelihood and growth po- nized itself, and I had been the ranking member of a subcommittee called VA– ASSETS FORFEITURE FUND tential of our economy. So this is a lean bill. Senator SHELBY and Senator HUD and Independent Agencies. It ex- (RESCISSION) ists no more. But now we have Com- Of the unobligated balances available under MIKULSKI have had to refuse to include this heading, $82,000,000 are rescinded. in the bill a lot of requested projects merce, Justice, and Science, which we for funding. These are difficult deci- think is an outstanding subcommittee, FEDERAL BUREAU OF INVESTIGATION sions because the needs are real and funding the important agencies related SALARIES AND EXPENSES many are very meritorious. But I think to making us a safer, stronger, smart- (RESCISSION) Senators will find this bill supports the er, more innovative country. Of the unobligated balances available under Originally, I anticipated our bill this heading, $103,502,000 are rescinded; of functions and responsibilities of the which $30,000,000 shall be from funding for J. agencies and the Departments that are would come up today with such enthu- Edgar Hoover Federal Bureau of Investigation funded in the bill. There are increases siasm and such joy in working with my Building tours; and of which $73,502,000 shall be provided where those increases are nec- colleague, Senator SHELBY, whom I from funding for the Federal Bureau of Inves- essary and important to include. served with in the House, that we tigation’s failed computer modernization pro- The bill is within the 302(b) alloca- would work together on a bipartisan gram. tion of the Budget Act, and the total basis to fashion the bill, but on its way This Act may be cited as the ‘‘Departments of amount recommended in the bill is $885 to the floor a great national tragedy Commerce and Justice, Science, and Related occurred with Hurricane Katrina. Agencies Appropriations Act, 2006’’. million above the fiscal year 2005 level. Amend the title so as to read: ‘‘An Act This is a 2-percent increase over last I want to say here today on the floor making appropriations for the Departments year’s level of spending. to the distinguished Senator from Mis- of Commerce and Justice, Science, and re- The bill includes an increase of over sissippi, who has just spoken, Mr. lated agencies, for the fiscal year ending $1 billion above the President’s budget COCHRAN, the chairman of the Appro- September 30, 2006, and for other purposes.’’. request for the Department of Justice. priations Committee, first of all, know The committee amendment in the This is primarily due to the restoration that you can count on me for full sup- nature of a substitute was agreed to. of the proposed cuts to State and local port to move all appropriate legisla- The PRESIDING OFFICER. The Sen- law enforcement grant programs. I am tion to help the people of our gulf ator from Mississippi is recognized. sure the funds will be helpful and im- coast. I know the distinguished Sen- Mr. COCHRAN. Mr. President, on be- portant in the discharge of those re- ator is from a wonderful State with a half of the distinguished chairman of sponsibilities at the local level great heritage and is a great contrib- the Subcommittee on Commerce, Jus- throughout the country. utor to our economy. And we know his tice, Science, and Related Agencies of The bill recommends nearly $7.2 bil- State has been hit hard. We watched the Senate Appropriations Committee, lion for the Department of Commerce, him tour the hit zones. Mr. SHELBY, I am pleased to present to including the National Oceanic and At- This is a time we all do work to- the Senate the appropriations bill writ- mospheric Administration and the Na- gether. I know all of our colleagues are ten by the subcommittee for fiscal year tional Institute of Standards Tech- so proud of the rescue workers who are 2006. nology, which is an 8-percent increase going to continue to rescue people Senators Shelby and Mikulski have over last year’s level of funding. This throughout the gulf coast region. Our done an outstanding job producing this part of the bill is particularly impor- hearts and prayers and thoughts go out

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9769 to the families who have lost every- dences, and up to $40,000 for personal against sexual predators. We want to thing in this terrible tragedy. property. salute President Bush and Attorney At the same time, we acknowledge SBA provides low-interest loans to General Gonzales for developing a spe- the tremendous role of scores of Na- businesses and nonprofits of up to $1.5 cific watch list for the registration of tional Guard soldiers, our Coast Guard million to repair damage to their real sexual predators. It has given a wake- rescuers, those Navy guys who rescued estate, machinery, equipment, and in- up call to all States. Predatory behav- 110 people—and they might have gotten ventory. So SBA will not only help ior doesn’t go in our country. a reprimand from their commander, businesses become businesses again, The Department of Justice accounts but they would certainly get a hug and but it will help families be able to get for almost 50 percent of our entire bill. kiss from this Senator for what they their home going again. And for all The FBI is the lead agency. It will re- did—and the doctors and nurses and those nonprofits that will be there ceive $5.3 billion, a $100 million in- the paramedics and all the first re- when the TV cameras leave, this will crease, so that they can continue to sponders and law enforcement. Every- also help them get on their feet. fight organized terrorism and orga- body who is out there working a 36- Another area where we will be very nized crime as well. We have given the hour day, we thank you and we salute helpful is in the area of the Economic FBI a record amount to do that. We you. Development Administration. This is look forward to working with them to As of Monday, there have been so in the Commerce Department. It pro- correct some of their problems in tech- many who have been rescued, shelters vides grants to State and local govern- nology, and we know they are improv- that have been opened, and hot meals ments for infrastructure repair and ing their management. At the same being served. Also, under the doctrine modernization. And, boy, do they do time, we thank them for focusing, No. of mutual assistance, other States have that. Roads need to be built, and not 1, on protecting our children through opened their doors—Texas, Arkansas. only the great Federal highways, but the Missing and Exploited Children’s My own State of Maryland has sent those blue highways that make our Program, which, by the way, the Miss- tremendous help and support. So we all rural areas so great and provide a live- ing and Exploited Children’s Program need to pull together now. lihood to those communities. is now going to be used to help locate I am glad the press has stopped call- Economic development assistance over 100 to 1,000 children, where their ing those people who have lost every- money can help recover from sudden parents don’t know where they are. We thing refugees. ‘‘Refugee’’ is an honor- and severe dislocation. This bill in- are going to find those children, and we able title, but this is not ‘‘Hotel Rwan- cludes $315 million for EDA, and we are going to bring them back to their da.’’ This is the United States of Amer- presume that in the supplemental this parents one way or another. ica. All those people are our citizens. could be a very specific line item that Working together with the Bureau of They have been evacuated, but they would not get lost in big bureaucracy. Alcohol, Tobacco, and Firearms, we have a home to go back to. And they We want to provide assistance in the want to make sure they have the re- have another home called the United Department of Justice to our State and sources to protect us against arson, States of America, where every State, local police. They provide the safety street crime, and gangs that are now every city would have an open door to- and security of first choice so we want menacing our communities. We thank ward them. They have not lost their to make sure that they are supported. them for the outstanding job that the home. They have not lost their home- They themselves have lost police sta- ATF arson laboratory did in Maryland. land. And they cannot lose their way. tions. They have lost their equipment. It identified the DC serial arsonist that In my own home State, we have sent They have lost their homes. We need to burned down homes in Charles County. people down to rescue people—first re- be able to help them. It also provided the ballistic laboratory sponders. Governor Ehrlich sent our While we also are repairing the dam- that helped to solve the DC sniper case. National Guard. We are so proud of the age, we need to look ahead and be sure Our law enforcement is on the job, and hospital ship, the USS Comfort, that is we can always give the best predictions they are protecting us every day. We steaming down heading toward the possible so people can get out of harm’s have tried to protect them in the Fed- coast of New Orleans. But whether it way. This bill funds the National eral budget so that they can do their has been first responders, local law en- Weather Service. It is a branch of job. forcement, charitable aid from the NOAA, and it has already done a great At the same time, while we are doing nonprofits and faith-based organiza- job of predicting hurricanes, storms, law enforcement, we look at commerce tions, they all wanted to offer a con- flooding, and tornadoes. But we want and science. This is where we talk tribution. to bring even more innovation to them about building a stronger economy and But we cannot do this on philan- and more resources so they can predict a smarter America. We do all we can to thropic activity alone. We cannot do not only hurricanes but any other nat- fund the programs in the Commerce this with just good will. And to be sure, ural disaster coming to a community Department. One of our most impor- eventually fatigue will set in. But the so that we can prevent loss of life and tant places, though, is where we pro- U.S. Federal Government must be tire- secure property. Those are some of the tect our intellectual property. As we less. It must be responsive. It is crit- things that can be focused immediately are working to protect our citizens, we ical we approve the Commerce, Justice, on Katrina and future prevention. As have to protect what our citizens in- Science appropriations bill quickly. we know, there are some hurricanes vent. We are the country of discovery, The distinguished Senator from Mis- gathering with names like Ophelia off of innovation, of invention. If you in- sissippi has outlined this bill. the coast now. That is what we can do. vented it, we think you ought to be This bill provides a downpayment for At the same time, Senator SHELBY able to keep it. We, therefore, provided the victims of Katrina to rebuild their and I, taking our new charge very seri- $1.7 billion for the Patent and Trade- lives and communities. We know a sup- ously, said we wanted to work together mark Office. It is a record amount that plemental is coming, and we will work to build a safer, stronger, smarter should help them reduce their backlog expeditiously on a bipartisan basis to America. So we concentrated on the of patent applications and help us also help. We will not play politics Department of Justice to make this a make sure we secure those new ideas with the lives of our citizens and with safer country. What we then did was that are going to create the new jobs all of those who are conducting the res- look at the agencies within our port- right here in the United States. cue and cleanup. folio, the FBI, Drug Enforcement, the We are also supporting our great Fed- There are some important things in U.S. Marshals Service, as well as alco- eral laboratories that help come up this bill that can be of specific and im- hol and firearms. We know that the De- with the new ideas and set the stand- mediate help. One is the Small Busi- partment of Justice protects us from ards for products so they can go to the ness Administration’s disaster loan terrorists and protects our neighbor- marketplace. That is the National In- program. It is not just for business, it hoods and communities. They protect stitute of Standards and Technology is for families. SBA provides low-inter- us against those who have a predatory located in Maryland. It sets standards est loans of up to $200,000 to repair intent against our country, the terror- that are critical to successful com- damaged property to primary resi- ists, but it also protects our children merce and, because of what they do,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9770 CONGRESSIONAL RECORD — SENATE September 8, 2005 transfers technology to the American cally Black colleges and universities. been affected. We are one nation, under business community. This is also coming at a very impor- God, and we are indivisible. The bill fully funds the Advanced tant time. Louisiana, I believe the en- I yield the floor. Tech Program and the Manufacturing tire gulf, was the home of 28 colleges The PRESIDING OFFICER. The Sen- Extension Program which are impor- and universities that were affected by ator from Mississippi. tant to fostering competitiveness. In Katrina. Historically Black colleges all Mr. COCHRAN. Mr. President, I am science, we have NOAA, which I have over America, such as Morgan State in impressed with the comprehensive spoken about, which does fantastic my hometown, are accepting the young statement made by the distinguished work on weather prediction, saving men and women from the historically Senator from Maryland, describing the lives, and saving communities through Black colleges of the gulf coast. They provisions of this bill that have been their predictions. But at the same are accepting them and not asking prepared and are being presented today time, they do fantastic research on our questions about tuition and other to the Senate by her subcommittee. oceans, on our bays and so on. We know things. This is a way of also being of Her comments and the tone that she that we are going to face, because of help. So we are all pitching in to- has set reflects so well on the Senate. Katrina, a real impact on oysters and gether. It also reflects a bipartisanship that is clams and shrimp on the gulf coast. One of the flashing yellow lights in so important to the writing of this bill. What are the ideas to be able to help the bill is the census. Because of stay- This is not a Republican bill nor a out and restore the bays that produce ing within our 302(b) allocation, we Democratic bill. It is a bill that re- those delicious morsels but that are so funded the Census Bureau with $17 mil- flects a consensus of the members of important to the economy and to little lion below last year’s level and $150 the subcommittee and also respect for people who have names like watermen million below the President’s request. the requests being made by the admin- and fishermen and seafood? This is The census is important. They don’t istration for funding of these agencies what we are challenging NOAA to do, just do something every 10 years where and departments for the next fiscal continue their great research. But we they knock on your door and give you year. need immediate and practical solutions a complicated form. It continually to protect the seafood industry on the evaluates who we are and where we live We have all had what some might say gulf coast. and gives us important information so is a wake-up call about hurricane Then there is NASA. Originally, we that communities and businesses can warnings, mobilization of State and thought the only risky operation was develop everything from transpor- local resources, and relocation of peo- going to be the Hubble telescope. Now tation and education plans to business ple who are threatened by the ravages we have human need pressing us, and targeting the new demography in our of storms such as Katrina. This bill is we are going to meet that need. For country. We are proud of the civil serv- designed to meet the challenge that is NASA, we have provided $16.4 billion, a ants that work in Maryland, and we so fresh in our minds. It can be pre- $200 million increase over last year. look forward to looking at how we can sented to Government officials, private This does include the money for the restore funding. When we looked at our individuals, and businesses as we seek Hubble servicing mission. We are going priorities, we thought Census could do to protect our families and our prop- to provide full funding for the space without an increase and even a very erty and our lives from the threats shuttle, for the space station, and work modest $17 million cut. We hope to re- hurricanes and other storms might with Dr. Griffin on the new Crew Ex- store that in conference. But when we pose. It also reflects, as the distin- ploration Vehicle. looked at all that we needed to do in guished Senator pointed out, funding Because of Katrina, we know two Justice and all that we needed to do, that provides the resources we need for major NASA facilities were heavily particularly in agencies such as the law-and-order activities, crime preven- damaged. One was the Michoud assem- FBI, we felt that these were our prior- tion, and investigations to ensure we bly facility in New Orleans. The other ities. Now that Katrina has hit us, we are doing what has to be done to pro- was the Stennis facility in Mississippi. tect the security of our country. This is everything from shipyards to will be reevaluating as we go along. That is our bill. We are proud of our I know of no more important bill spaceships, from Navy ships to space- bill because we have tried to focus on that will come before the Senate this ships. We know those facilities suffered where America is today and where year from our committee than the one tremendous damage, and 50 percent of being presented today by Senators the employees lost their homes. We ex- America needs to go tomorrow. We SHELBY and MIKULSKI. They have done pect the administration and the agen- tried to look at the day-to-day needs of our constituents and know that they a wonderful job working together. cies to tell us what happened to those They have set an example by which we employees and how we can help them. needed to be protected in their local could all profit. On the bright side, we are so happy communities. That is why we looked at about the successful mission of Dis- local law enforcement. We know that We need to act expeditiously on the covery last month. Weren’t we proud of we face predatory assault from every- bill, consider any amendments that Colonel Collins and that daring-do, thing from organized crime to orga- any Senator has to add money or de- can-do crew that got out there and did nized terrorists. We focused on our Jus- lete funding that is contained in the the kind of repair work that had never tice Department, but also on our bill. We assure everyone that we want been done in space, showed our courage science and on our commerce for new to act in a thoughtful way and one that and our tenacity and our technological ideas, for new products and invention, will reflect credit on the Senate. capability. We want to support them. but also to fund those agencies that Mr. President, I suggest the absence We know they want to return to space. help them protect their intellectual of a quorum. The shuttle tanks were to be prepared property against often international The PRESIDING OFFICER (Mr. EN- in New Orleans. We are going to have predators and also come up with those SIGN). The clerk will call the roll. to make adjustments. But then again, new ideas. The assistant legislative clerk pro- everybody is making adjustments, and Along the way, Katrina has hap- ceeded to call the roll. pened. We are going to make sure this we are all going to work together. The Mr. REID. Mr. President, I ask unan- bill serves the needs now, the imme- National Science Foundation is also in imous consent that the order for the diate needs of our neighbors in the gulf here. Just think what the Committee quorum call be rescinded. on Science is—NIST, NOAA, NASA, the and those States that have been so The PRESIDING OFFICER. Without Science Foundation. These are the new kind and so generous and welcoming. objection, it is so ordered. ideas. It is going to help with funding We view this bill as a work in progress, for important research in new ideas in but work it will be, and progress we The Senator from Louisiana. basic science like physics and also will make. We are going to work to- Ms. LANDRIEU. Mr. President, I ask breakthrough things again for new jobs gether. unanimous consent to speak for ap- like biotech and nanotech. These are not refugees. They are proximately 30 minutes, perhaps more. One of the important things we did evacuees, as our Senators are. We need The PRESIDING OFFICER. Without was preserve the funding for histori- to remember all of the people who have objection, it is so ordered.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9771 HURRICANE KATRINA water to get the prisoners out of the As brave and bold as my fellow Lou- Ms. LANDRIEU. Mr. President, I rise prison, not to give them a warm meal isianians have been—and our heart today as the senior from Louisiana. but to secure them, so hardened rapists goes out to the people in Mississippi But I was not born a Senator. I was and murderers would not plague the and Alabama—we have been moved be- born a Louisianian. I am a daughter of city at its time of greatest distress. yond measure by the generosity and the Crescent City, raised by a family of Our local leaders never once flinched selflessness of our fellow Americans. places whose names may seem strange from their duty to protect their resi- New York City itself sent 600 of its fin- and exotic to people in Washington, dents and save every man, woman or est and bravest police officers and fire- DC, and around the Nation places like child, regardless of race or income. fighters who were willing to run into a Plaquemines, Cocodrie, Kenner, Slidell, It was so desperate that the law en- collapsing tower on September 11 St. Tammany, St. Bernard and Boga- forcement didn’t have to triage. The knowing what we didn’t know, knowing lusa. people were triaging themselves. In that the radios on their hips were not Most people refer to this region of other words, when the boat drove up, going to work. But they ran in the the country—Mississippi, Louisiana they would put the old people first in building anyway. Those police officers and Alabama—as the energy coast the the boat. Then they would put the ba- are on their way right now to help the maritime coast, the gulf coast. The bies in the boat. And all the young, city of New Orleans. And I want to largest city in this area is the city of ‘‘healthy’’ people would just stay on thank the Senators from New York, New Orleans, almost 500,000 people, my the roof until the boat could come the delegation from New York, for hometown. At one time or another back. Sometimes it did and in some sending them. every Member of this body has told me cases it was too late. Cities, suburbs, and States across the their own story about what they love I flew back here after one plane that Nation have welcomed our citizens as about New Orleans and south Lou- I got on had no fuel. I had to come their own. Senator LINCOLN told me isiana. For some, it is our music. For back with the Commandant of the yesterday on the phone, ‘‘Mary, send others it is Mardi Gras. And yet others, Coast Guard, and he told me himself them north. As soon as they cross the it is that special magic. Each one of yesterday the Coast Guard rescued borders, I’ve got them in my arms.’’ I you has come away from our State 32,000 people either by boat or by heli- thank Senator Lincoln and thank all with a special memory, a singular mo- copter. And that is not counting what the Senators that have called. ment that reflects the vibrant culture Wildlife and Fisheries agents did in And so, if it is possible that my heart and personality of our State. And what Louisiana, Mississippi, or Alabama. is a little heavy today, I’ve seen more all of my colleagues have mentioned to That is not counting what regular boat in the last 2 weeks than in my entire me over many years is the special, spe- owners, once they could wade through life, and I hope never to witness it cial spirit of the people. water and turn their boats on went again. But while my heart is heavy, my Today, I stand before my colleagues, down and did themselves, of which the heart today is also lifted with grati- Democrats and Republicans, to report news media did not cover. Because the tude for my fellow Americans. to the Senate that our people are hurt- only thing the news media could focus Of course, already some in Wash- ing. Some are despairing and many are on was the Convention Center and the ington are pointing fingers at State still crying. But our spirit is strong Superdome because it made the best and local officials—officials who had and it will be this spirit, along with the picture. We understand that as politi- little more than just the good sense best work the Senate has ever done, cians. They need visuals. I am sorry I that God gave them while trying to that we will lift this region and rebuild couldn’t provide any more visuals for save everyone that they could, all it. them, but there was a lot more going amidst criticism that they have had to Thousands are dead, and only God on than just at the Superdome and the bear from other government officials. knows how many. Hundreds and thou- Convention Center. In this Chamber alone, every one of sands are homeless, jobless, and with- Across the State, perhaps the great- you voted the other night to send bil- out their businesses, large and small. est heroes are those we don’t know lions of dollars of aid and assistance. But amidst water, death, destruction, about the concerned and courageous As HARRY REID said earlier today, it anguish and anger, our spirit is strong. friends who took care of elderly neigh- will probably cost us a lot more. I am And today, there are thousands of he- bors and ensured their safe evacuation. sorry I could not even report to you an roes. Those heroes may not be anybody One brief story: An elderly African- accurate estimate of what that might in this Chamber, but I will tell you who American woman in a shelter came up be, but I predict it will be over $200 bil- the heroes are. They are the leaders of to me. She was a retired teacher. Her lion. Plaquemines Parish and St. Bernard feet were wrapped because she had cut As I stand here today, Senator VIT- and Orleans and Jefferson and counties up her feet in this episode. She said, TER, my partner, remains in the State in Mississippi that kept their govern- ‘‘Ms. Landrieu, please go back and tell to continue assessing damage. He has ment functioning even as much of their those people in Washington we were been a steady voice through this, and I parish laid under water. In St. Bernard fine after the hurricane hit. It wasn’t want to acknowledge him. and Plaquemines Parish, that water the hurricane that put us under. It was This unprecedented catastrophe will was 8 to 20 feet high in places. And in that water that came up from the require unprecedented support. I am New Orleans, the water still stands 6 to levee. Don’t they know anything up concerned today because our Nation, 10 feet in some places on the east bank. there about the 17th Street Canal? our national government failed in its The only thing out of the water the Don’t they know anything about the greatest responsibility, and that is pro- last time I left was Jackson Square, Florida Street Canal?’’ tecting the lives of Americans. I am the Cathedral and the French Quarter. I said, ‘‘No, Ma’am, but we’re going not saying the military failed, or the Because the people who settled the city to tell them more about that.’’ Coast Guard failed and most certainly were smart enough to put it on the She said, ‘‘I stood on my ladder for 2 not the National Guard that was there highest ground they could find, and days. I’ve never seen water like that. before the storm hit and is still there. that high ground has been serving this That water kept going up 6 inches and Let me talk a minute about my Na- Nation so well and so magnificently for going down 6 inches.’’ Do you know tional Guard. Eight thousand of them over 300 years. And it is still there. what she was experiencing with the have already been to Iraq and back, not The heroes are the New Orleans sher- water rising and receding? She was once but twice. Three thousand of iffs who secured and evacuated the city feeling the tide of Lake Ponchartrain. them are scheduled to come home in jail, not because they were trying to She said, ‘‘It kept going up to my nose September. The Governor and I and coddle the prisoners, but because there and going down to my chest.’’ Senator VITTER were planning a home- was a threatened jail break when the The Louisiana State flag depicts a coming for them. They are going to get system failed and the electricity went pelican. The pelican takes from herself, quite a homecoming because many of off. So the deputies who had lost their her own breast to feed her young. them are from south Louisiana, and own homes and had lost maybe mem- Thousands of Louisianians this week they don’t have houses to come home bers of their own family, swam through brought that state symbol to life. to. I am here to tell you, that while

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9772 CONGRESSIONAL RECORD — SENATE September 8, 2005 they may not have houses, they do of FEMA, was so incompetent and in- of his own wife, his sister, his mother have a home. We will do the best we sulting to the people of our States. and father not to go. He went anyway, can, and General Landreneau is well Already some in Washington are and he lifted both the living and the aware of the situation with his men pointing fingers that something is dead out with his own hands. and women on their way back from wrong with my state and local offi- Within 24 hours of the storm hitting Iraq to hold their families tight. cials, and if they would have been a lit- the Gulf Coast, Senator FRIST called We must learn from this experience. tle smarter, a little tougher, a little and Senator REID called. I appreciate If we do not, we will fail again. braver maybe this could have been so much that they were right there. I I have learned more in 2 weeks than avoided. This hurricane was a category tried to reach THAD COCHRAN; he tried I could ever have hoped to learn. I am four. It was one of the worst storms we to reach me. I tried to reach TRENT going to continue to learn, and I ask have seen in this century. The eye of LOTT. And DAVID VITTER and I were to- the Senators to open their hearts and the storm went right over Slidell, LA. gether the whole time, but we couldn’t minds and learn. We don’t ever want Waveland, MS, I understand from Sen- get through on our cell phones. I know this to happen to any other city or any ators COCHRAN and LOTT, is gone. Bi- they called, and I thank them very other place in this country for as long loxi is quite damaged, and that is much. as we are on this Earth. where the storm came. The record for rebuilding costs will It is not true that Louisiana was not I am sorry we couldn’t do anything be staggering, but it will pale in com- prepared. Surely we could have done a about that, but I want you to know the parison to the staggering incompetence better job in every case, but our evacu- people of our States have survived of this national government which is ation plan—and I want to give credit to storms before. That was not what put responsible. the Governor of Mississippi and the us under. It was the levee systems that Black people suffered, White people Governor of Louisiana—Haley Barbour broke in New Orleans, a city that in- suffered, poor people suffered, and rich and Kathleen Blanco, who have been vented the gravity pump, a city that people suffered. The whole city is under planning since Hurricane Ivan struck a helped the Dutch secure the Nether- water on the east bank. The wealthy year ago where everyone got stuck on lands and sent our engineering to Ven- neighborhoods have 10 feet of water, the interstates and the back roads, ice to keep that city floating. We in- and the poor neighborhoods have 10 those two Governors worked out a plan vented those pumps in south Lou- feet of water. Water does not know because we share a highway. We don’t isiana. We know about pumps. HARRY boundaries. It doesn’t know demo- have a Louisiana highway that goes REID’s seen them himself. graphics. It doesn’t know Democrat or north and a Mississippi highway. We We know that the head of the Na- Republican. It doesn’t know to stop at share our highways, and those Gov- tional Hurricane Center said that he rich neighborhoods. It doesn’t know ernors made a plan to get everybody briefed the President of the United just to go to poor neighborhoods. It out, and it worked as well as some- States on the threat of Katrina in a goes everywhere. And there are thing like that can work. We had 2 mil- video conference call the day before wealthy people who are desperate. lion people approximately to evacuate she hit land. They don’t know how to restart their in about 2 days. We got a lot of people We know the President said, quote, I businesses and keep their employees out. don’t think anybody anticipated the But when the storm hit and the lev- paid. They have no idea where to put breach of the levees. Everybody antici- ees broke, our calls went unanswered. their businesses. Do they leave the pated the breach of the levee, including In years past, our bills have languished state? Do they go to Atlanta? Do they computer simulations in which this ad- here on the calendar. Money we re- come back? What do they do with their ministration participated. Even the quested before has been postponed year wife and children? Do they take them clay figurine, Mr. Bill, from ‘‘Saturday after year, year after year. I don’t even and put them to school in Atlanta, or want to talk to my colleagues about Night Live’’ anticipated the breach. do they set their businesses up on the coastal erosion. They have heard it His creator, a friend of mine, has used highest ground they can find? from me so many times and from ev- him in public service announcements The poor people are very disoriented. erybody in the Louisiana delegation. for over 2 years, saying this will be the They have a hard time normally and They can give that speech better than effect if this happens. How can it be they are having a real hard time now. I can. that Mr. Bill was better informed than I want to say a special word of But I will tell you one thing about Mr. Bush? thanks personally to Ted Koppel for our Federal Government. Our Federal We know the Secretary of Homeland the beautiful piece he did last night, Government, whether it was FEMA or Security pronounced himself, quote, because I haven’t been able to watch this administrator or former adminis- extremely pleased with the response of much television myself, but I got to see tration or us, gambled that the pre- every element of the Federal Govern- his piece. And we need journalists like dictions that countless experts voiced ment, even as the cable news networks that. I kept thinking, where’s Walter time and time again were mere rhet- were broadcasting images telling how Cronkite, and all I had was Geraldo Ri- oric. They gambled that no one would he was so tragically wrong. vera. notice if Louisiana’s critical and vital We know that FEMA was unaware I want to personally thank my fam- role in our national economy was that 20,000 Americans were stranded at ily, my parents, my children, who evac- threatened. the Convention Center without food, uated with me that morning. And Washington rolled the dice and without water, without security, with- And the final word is this to the Louisiana lost. out clothes, without buses, without President: Mr. President, we need you. I cannot stand here today and tell toilets and with no way out, and I had We need your help. The last time I you that if all the money we had asked to stand there and listen to the news shook the President’s hand he looked for, if it would have kept the levees up, media say these people were lawless. at me and he said, ‘‘Senator, I appre- but I can tell you that it would have These were mothers and fathers trying ciate your passion.’’ given us more protection than we had. to find water for their kids. I might And I said, ‘‘Thank you, Mr. Presi- Nor can I say with certainty that full have been a little upset under the cir- dent, because passion is what we need.’’ funding for restoring our coasts would cumstances myself. He said, ‘‘I’m sorry you lost your have protected those who perished in We know that someone has to be ac- childhood home. I know that’s upset- St. Bernard or in Jefferson or Wash- countable. Let me be the first to take ting to you.’’ I want to be clear for the ington parish or the counties in Mis- any blame that is to be assigned. record in that piece that you all saw sissippi and Alabama. But I can assure I will not allow my local officials to with me with George Stephanopoulos. I you that we would have had at least be made into scapegoats for others. I was not crying in anguish because the had a fighting chance. And I intend to will not allow carping from those who home that I walked out of with my find out just how much of a fighting were not there to diminish my Gov- children was gone. I knew it would be chance we would have had. ernor, my Lieutenant Governor, who gone when I left. It was an anguished And I intend to find out why the Fed- happens to be my brother, who spent 3 cry, a plea to the only one that I eral response, particularly the response days in a rescue boat, despite the pleas thought could hear, and that was God

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9773 himself, and I know he has heard, be- There is no question that there were mis- I also appreciate the work of the cause the people of my state have cried takes made and lessons learned from this Food and Nutrition Service within out to him for now over a week and a tragic experience. The Senate will have USDA. I thank them. half. But as he gives us the grace and ample time to thoroughly investigate this This bill provides USDA with addi- the wisdom to do our job, I hope we can event, and we plan to play a major role in these investigations. Now, all of our re- tional funding to continue its efforts do it well because there are hundreds of sources and efforts should be dedicated to and gives USDA some additional au- thousands of families who are depend- the rescuing of victims, providing food, shel- thorities regarding the food stamp pro- ing on us to do our best work. ter, employment, education and healthcare gram and child nutrition programs. Today we are going to rebuild New to the victims of Hurricane Katrina. We Our effort on this legislation should be Orleans and the coasts of Mississippi must also begin laying the groundwork for taken as a supplement to what they and Alabama because America needs the long-term recovery and re-building of are already doing, and an enhancement New Orleans right where it is, as well our great state. Please do not make the citi- of their authority. as the parishes of St. Bernard, St. zens of Louisiana a victim once again by al- USDA is not only helping in areas lowing our immediate needs to be delayed by Tammany, Orleans, Jefferson, and which will need to be rebuilt, but they Plaquemines, and Hancock, Harrison partisanship. In these past situations, committee chair- are helping those families who have and Jackson counties in Mississippi; men and ranking members always developed been displaced and been forced to and Baldwin and Mobile counties in legislation together and it passed with near move. Alabama. unanimity. There has been a huge outpouring of The gulf coast region of our Nation is Thank you for your leadership and your at- sympathy from every corner of every simply too important to be left for tention to this vital plea. county in my home State of Vermont. dead. One of the founding geniuses of Sincerely, In addition to the assistance already our freedom, Thomas Jefferson, under- MARY LANDRIEU. provided, Vermont stands ready to help U.S. Senate. stood that. Two hundred years ago he the displaced families, the unemployed DAVID VITTER. purchased Louisiana—then it stretched workers, the distraught children, and from the Mississippi to the Rocky U.S. Senate. Mr. LEAHY. Mr. President, as rank- the destroyed communities. Mountains. And that purchase put us This bill was written to be referred to on the road to greatness, from sea to ing member of the Subcommittee on Research, Nutrition, and General Leg- the Agriculture, Nutrition and For- shining sea. estry Committee where nutrition bills It is an energy coast. It was put there islation of the Agriculture, Nutrition have always been handled in a bipar- for a reason. We did not go there to and Forestry Committee I am today in- tisan fashion. sunbathe. We went there to set up the troducing a bill with Senator HARKIN, I look forward to working with all Mississippi River, to tame that river, the ranking member on that com- the Senators on that committee. to create channels for this country to mittee, to provide additional emer- Chairman CHAMBLISS has tackled grow and prosper. The Higgins boats gency food assistance in response to every issue the committee has faced that saved us from World War II were the devastation caused by Hurricane this year in a direct and effective fash- built in New Orleans. Forty-three thou- Katrina, and the flooding in the after- ion and I look forward to working with sand people built those boats and head- math of that massive storm. It is very him, and all members of the com- ed them out to Normandy. We are similar to the efforts of Senator LAN- mittee, on an emergency food assist- going to rebuild our shipping industry, DRIEU and Leader REID but it just fo- ance package that goes to the White we are going to rebuild our maritime cuses on food assistance. House for signature. industry, and we are going to rebuild This legislation will provide USDA I know that he and his staff have this great gulf coast of the United with additional funding and authorities been coordinating with USDA and that States. to provide a strong and continuous re- I ask unanimous consent have print- Senators on the Committee will, of sponse to the food needs of thousands course, work with Senators from all of ed in the RECORD a letter dated Sep- of families adversely affected by Hurri- tember 7, 2005. the affected States on any advice or cane Katrina. changes that are appropriate. Some of There being no objection, the mate- While thousands may have perished rial was orderd to be printed in the the provisions in the bill are modeled in America’s largest natural disaster, after ideas that worked well in re- RECORD, as follows: we must turn to the living to do what U.S. SENATE, sponding to Hurricane Andrew where, Washington, DC, September 7, 2005. we can to help. I am especially trou- once again, USDA was commended for Hon. BILL FRIST, bled by the horror stories I have heard handling the emergency very well. U.S. Senate Majority Leader, about the treatment of the elderly. It This bill is a starting point, not an Washington, DC. was almost impossible to watch the im- end point. I know that, but I wanted to Hon. HARRY REID, ages on television. get the ball rolling to have language to U.S. Senate Minority Leader, Another terrifying image was of chil- run by my colleagues who represent Washington, DC. dren separated from their parents, try- DEAR LEADERS: As the U.S. Senate begins areas demolished in this disaster. I work on further Hurricane Katrina relief and ing to survive on their own. The most want to thank Senator REID and Sen- rebuilding legislation, we write to implore gruesome was the bodies floating in ator LANDRIEU for coordinating with both of you to do everything in your power black water. Senator HARKIN and me on this matter. to ensure it is done in a spirit and through a In the Federal response to this na- All the Senators in the affected areas process that is fully bipartisan. tional catastrophe there is a bright have been working day and night on Now, just nine days after this devastating spot. storm hit, we have already detected some trying to get aid to those in need, troubling signs in Washington and in the The U.S. Department of Agriculture whether from local, State, charitable, Senate. There are signs that some might try has done a good job. FEMA gets an non-profit or Federal Government to maneuver in the debate on relief legisla- ‘‘F,’’ in contrast. In fact, I heard today sources. I will continue to work with tion specifically for partisan gain. We view on NPR that the Navy was not given all of them. any such attempt as abhorrent and injurious the go-ahead by FEMA to send ships I ask unanimous consent that a sum- to the already suffering victims of the hurri- with hospital facilities down to New mary of Hurricane response to food cane. We implore both of you to lead in a com- Orleans and that senior naval officers stamps and food assistance be printed pletely different direction. This must be were very frustrated that they could in the RECORD. done not only through words and symbols not help earlier. There being no objection, the mate- but by developing all relief legislation in a In contrast, USDA has quietly and ef- rial was ordered to be printed in the fully bipartisan way. ficiently assisted thousands of dis- RECORD, as follows: The Senate has always acted this way in placed persons. Secretary Johanns, SUMMARY OF HURRICANE RESPONSE/FOOD the past in developing disaster relief legisla- STAMP AND FOOD ASSISTANCE RESPONSE tion, whether to address 9/11, Hurricane An- Deputy Secretary Conner and Under drew, or a myriad of other challenges. The Secretary Bost have done a great job THE FOOD STAMP PROGRAM need for this method of action and leadership within the limitations of their author- This proposal would provide USDA with is even greater now. ity. They responded immediately. additional funding and authorities to provide

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9774 CONGRESSIONAL RECORD — SENATE September 8, 2005 a strong and continuous response to the food Waiving any claims for inaccurate Mr. SPECTER. Mr. President, I seek needs of thousands of families adversely af- issuances to affected households except in recognition to support legislation that fected by Hurricane Katrina. It would im- cases of fraud. is urgently needed in light of the dev- prove the Food Stamp Program’s response to Requiring USDA to work with states to astation caused by Hurricane Katrina. eliminate duplication between households Hurricane Katrina. It generally would expire This legislation would authorize Fed- no later than the end of federal fiscal year initially certified for food stamps in their 2006. The President would have the authority home state that are then relocated to a dif- eral circuit, district, and bankruptcy to terminate its provisions earlier if condi- ferent state. Except where someone delib- courts to conduct special sessions out- tions improved. The proposal would target erately lies to get double benefits, displaced side their respective boundaries in three groups of low-income households: those persons would not be required to keep track times of emergency. Currently there is living in areas Katrina hit, those that lost of which food stamps they received from no authority in the law for Federal jobs in the disaster area, and those relocated which state while this overlap is being re- courts to hold session beyond their from the disaster area to other parts of the solved. Recipients should be encouraged to geographical districts. country. spend food stamp benefits to feed their fami- The need for such authority initially The proposal would incorporate the terms lies even when they are uncertain about the became apparent following the ter- of USDA’s Hurricane Katrina disaster relief status of their cases. This is particularly policy for the period specified above: true since overburdened state food stamp rorist attacks of September 11, 2001. States must act within seven days on all agencies may be ill-equipped to answer their Those attacks seriously impaired Fed- food stamp applications from affected house- questions. eral court operations in New York City holds. THE EMERGENCY FOOD ASSISTANCE PROGRAM at the time. Court facilities available Households doubled up with friends or rel- AND COMMODITY DISTRIBUTION in nearby districts, such as New Jersey, atives could apply for food stamps on their In terms of immediate emergency relief, could have alleviated the disruption in own. food stamp receipt may, in some cases, not court services, but the authority pro- Work requirements and the three-month be the most timely form of assistance that a vided in this legislation did not exist. time limit on childless adults regarding find- family may access. Emergency commodities ing a job would be suspended for disaster vic- The recent impact of Hurricane may be a faster and more efficient manner tims. Katrina on the Federal courts in Lou- by which to provide immediate food assist- The legislation would expand food stamp isiana, Alabama, and Mississippi has ance through food banks, food pantries, and assistance to disaster victims: heightened the urgency of congres- To account for higher food costs for people congregate meal sites. In order to provide sional action on this proposal. When in disaster areas and people displaced by USDA with sufficient funding by which to provide emergency funding, this food assist- emergencies, whether they be natural Hurricane Katrina, the maximum benefit disasters or terrorist attacks, make provided through the food Stamp Program is ance emergency package includes; $200 million for The Emergency Food As- shifting court operations to other increased by 10 percent. sistance Program (TEFAP), to be spent ei- The gross income limit for disaster victims court facilities within the affected dis- ther on commodities or for transportation, would increase from 130 percent of the pov- trict impossible, a Federal court facil- processing, and administrative costs. erty line to 150 percent. This would help dis- ity in an adjoining district or circuit $200 million for USDA to procure bulk aster survivors that suddenly incur high might be more readily and safely avail- commodities using Section 32 authority. shelter costs when, for example, they tempo- $20 million for USDA to replenish Com- able to court personnel, litigants, ju- rarily live in a motel. (The net income limit modity Supplemental Food Program com- rors, and the public. would remain at 100 percent of the poverty modity stocks destroyed by Hurricane The widespread flooding and vast de- line to ensure that only low-income people Katrina. struction caused by Hurricane Katrina receive food stamps.) has created precisely this scenario. All All vehicles of disaster survivors, both SPECIAL SUPPLEMENTAL NUTRITION PROGRAM those that they have with them and those FOR WOMEN, INFANTS, AND CHILDREN (WIC) of the Federal court facilities in the they left behind, would be excluded from de- To allow for unexpected increases in WIC Eastern District of Louisiana are se- termining the household’s resources. caseload as well as the possibility of rising verely damaged and will not be avail- For one year, all vehicles and bank ac- food costs in the WIC program, this package able for a significant period of time. counts would be exempt from the $2,000 re- provides $200 million dollars (available Octo- Courthouses have roof and window source limit in recognition that households ber 1) for the WIC program. damage, extensive water infiltration, are facing many extraordinary expenses and Mr. REID. Mr. President, I suggest and no electrical power. Senior court should not be required to spend down to the absence of a quorum. management are meeting in Lafayette $2,000 when their savings may have to last The PRESIDING OFFICER. The to discuss finding viable and possibly them until they can find new jobs. In addi- clerk will call the roll. long-term alternative sites for court tion, disaster relief aid from federal, state, The legislative clerk proceeded to operations for that entire district, but or local governments, charities, insurance call the roll. settlements, and other sources would not Mr. FRIST. Mr. President, I ask such alternative sites most certainly count as resources. unanimous consent that the order for must be outside the geographical Assets owned by a household, but which boundaries of that district. are currently inaccessible to the household the quorum call be rescinded. The PRESIDING OFFICER. Without Federal courts in the Middle and due to the emergency, will not be counted Western Districts of Louisiana are ex- objection, it is so ordered. for purposes of determining food stamp eligi- pected to remain open for business and bility. for example, a family should not be f possibly could provide temporary rendered ineligible because of a house or car the family had to leave behind in the dis- TO ALLOW UNITED STATES courtroom facilities, and the judiciary aster area. COURTS TO CONDUCT BUSINESS will be exploring these and other possi- Food stamp benefits would not be prorated DURING EMERGENCY CONDI- bilities if given the authority proposed for the month based on the date the house- TIONS in this bill. hold applies. Under disaster conditions, fam- Mr. FRIST. Mr. President, I ask In the Southern District of Alabama, ilies’ applications may be postponed through unanimous consent the Senate proceed seawater has flooded the basement of no fault of their own. During this time, the the Mobile, AL, courthouse, and debris families are forced to spend their scarce to the immediate consideration of S. 1634 and H.R. 3650, en bloc. is scattered throughout the grounds. funds on food and remain just as needy as The court does not know when that fa- families that were able to get a ride to the The PRESIDING OFFICER. Without food stamp office sooner. objection, it is so ordered. cility will become operational again, The legislation also would streamline pro- The clerk will report the bills en and this court too, may have to be cedures for aiding affected households by: bloc. temporarily relocated outside of the Having the federal government assume 100 The assistant legislative clerk read district. Similarly, in the Southern percent (rather than the usual 50 percent) of as follows: District of Mississippi, seawater has the administrative costs of serving disaster flooded the Gulfport facility, and com- victims. State expenses to address the range A bill (S. 1634) to allow United States courts to conduct business during emergency munications and electrical power are of issues presented by these disaster victims down. Court operations in the Gulfport are rising constantly and this change will as- conditions, and for other purposes. A bill (H.R. 3650) to allow United States sist states in their time of need. area have been shifted within that dis- Encouraging states to work aggressively to courts to conduct business during emergency trict to the court facility in Jackson, serve affected households by excluding any conditions, and for other purposes. MS. errors in applying disaster procedures from There being no objection, the Senate The Fifth Circuit operations in New error rate calculations. proceeded to consider the bills. Orleans are completely closed and will

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9775 remain so for the foreseeable future. In The bill (S. 1634) was read the third ‘‘(3) Notwithstanding any other provision the meantime, the judiciary has under- time and passed, as follows: of law, in any case in which a special session taken efforts to determine how much S. 1634 is conducted pursuant to this subsection, the of the Fifth Circuit operations in New district court may summon jurors— Be it enacted by the Senate and House of Rep- ‘‘(A) in civil proceedings, from any part of Orleans can be shifted within the cir- resentatives of the United States of America in the district in which the court ordinarily cuit to Houston, and for what period of Congress assembled, conducts business or the district in which time. SECTION 1. SHORT TITLE. the court is holding a special session; and The Federal courts in these areas (a) SHORT TITLE.—This Act may be cited as ‘‘(B) in criminal trials, from any part of devastated by Hurricane Katrina sim- the ‘‘Federal Judiciary Emergency Special the district in which the crime has been ply must be able to shift court pro- Sessions Act of 2005’’. committed and, if a defendant so consents, ceedings temporarily into a neigh- SEC. 2. EMERGENCY AUTHORITY TO CONDUCT from any district in which the court is con- COURT PROCEEDINGS OUTSIDE THE ducting business pursuant to this subsection. boring district. Without this legisla- TERRITORIAL JURISDICTION OF ‘‘(4) If a district court issues an order exer- tion, the Federal criminal justice sys- THE COURT. cising its authority under paragraph (1), the tem risks grounding to a protracted (a) CIRCUIT COURTS.—Section 48 of title 28, United States Code, is amended by adding at court— halt throughout the gulf region at a ‘‘(A) through the Administrative Office of time when it is needed most. This leg- the end the following: ‘‘(e) Each court of appeals may hold special the United States Courts, shall— islation is needed now to avoid undue sessions at any place within the United ‘‘(i) send notice of such order, including delay in bringing criminals to swift States outside the circuit as the nature of the reasons for the issuance of such order, to justice and resolving civil matters im- the business may require and upon such no- the Committee on the Judiciary of the Sen- portant to private citizens, especially tice as the court orders, upon a finding by ei- ate and the Committee on the Judiciary of bankruptcy proceedings in anticipation ther the chief judge of the court of appeals the House of Representatives; and ‘‘(ii) not later than 180 days after the expi- of an increase in bankruptcy filings in (or, if the chief judge is unavailable, the most senior available active judge of the ration of such court order submit a brief re- Hurricane Katrina’s wake. port to the Committee on the Judiciary of The need for this bill was brought to court of appeals) or the judicial council of the circuit that, because of emergency condi- the Senate and the Committee on the Judici- my attention by Judge Edward Becker tions, no location within the circuit is rea- ary of the House of Representatives describ- of the Third Circuit and his colleagues sonably available where such special sessions ing the impact of such order, including— at the Administrative Office of the could be held. The court may transact any ‘‘(I) the reasons for the issuance of such Federal Courts and it enjoys their business at a special session outside the cir- order; strong support. This bill is supported cuit which it might transact at a regular ses- ‘‘(II) the duration of such order; by my Democratic colleague, Senator sion. ‘‘(III) the impact of such order on litigants; ‘‘(f) If a court of appeals issues an order ex- and LEAHY, as well as Senators from the ‘‘(IV) the costs to the judiciary resulting States ravaged by Hurricane Katrina. ercising its authority under subsection (e), the court— from such order; and Since this bill is noncontroversial and ‘‘(1) through the Administrative Office of ‘‘(B) shall provide reasonable notice to the clearly urgent, it is my hope that it the United States Courts, shall— United States Marshals Service before the can be passed by unanimous consent ‘‘(A) send notice of such order, including commencement of any special session held before the end of business today. the reasons for the issuance of such order, to pursuant to such order.’’. Mr. LEAHY. Mr. President, the dev- the Committee on the Judiciary of the Sen- (c) BANKRUPTCY COURTS.—Section 152(c) of astation wrought by the Hurricane ate and the Committee on the Judiciary of title 28, United States Code, is amended— Katrina to New Orleans and the gulf the House of Representatives; and (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; ‘‘(B) not later than 180 days after the expi- (2) by adding at the end the following: coast is not yet fully known. As the ‘‘(2)(A) Bankruptcy judges may hold court fate of thousands of our fellow Ameri- ration of such court order submit a brief report to the Committee on the Judiciary of at such places within the United States out- cans remains uncertain and the lives of the Senate and the Committee on the Judici- side the judicial district as the nature of the many have been uprooted and the live- ary of the House of Representatives describ- business of the court may require, and upon lihood of many others affected, we ing the impact of such order, including— such notice as the court orders, upon a find- must do all we can to assist those still ‘‘(i) the reasons for the issuance of such ing by either the chief judge of the bank- suffering. order; ruptcy court (or, if the chief judge is un- During this time of crisis, one thing ‘‘(ii) the duration of such order; available, the most senior available bank- we can do is ensure that the Federal ‘‘(iii) the impact of such order on litigants; ruptcy judge) or by the judicial council of the circuit that, because of emergency condi- courts in these afflicted regions con- and ‘‘(iv) the costs to the judiciary resulting tions, no location within the district is rea- tinue to function. I worked with Sen- from such order; and sonably available where the bankruptcy ators LANDRIEU, VITTER, and Chairman ‘‘(2) shall provide reasonable notice to the judges could hold court. SPECTER, Chairman SENSENBRENNER United States Marshals Service before the ‘‘(B) Bankruptcy judges may transact any and Congressman CONYERS to respond commencement of any special session held business at special sessions of court held out- to a request from the Judicial Con- pursuant to such order.’’. side the district pursuant to this paragraph ference for additional authority to con- (b) DISTRICT COURTS.—Section 141 of title that might be transacted at a regular ses- duct court business outside the tradi- 28, United States Code, is amended— sion. ‘‘(C) If a bankruptcy court issues an order tional territorial jurisdiction of a (1) by inserting ‘‘(a)(1)’’ before ‘‘Special’’; (2) by inserting ‘‘(2)’’ before ‘‘Any’’; and exercising its authority under subparagraph court. I thank them for including in (3) by adding at the end the following: (A), the court— this bill important reporting and ac- ‘‘(b)(1) Special sessions of the district court ‘‘(i) through the Administrative Office of countability requirements. may be held at such places within the United the United States Courts, shall— In implementing this legislation, I States outside the district as the nature of ‘‘(I) send notice of such order, including want to be sure that we work with the the business may require and upon such no- the reasons for the issuance of such order, to court, the Judicial Conference, and the tice as the court orders, upon a finding by ei- the Committee on the Judiciary of the Sen- Justice Department—but also with the ther the chief judge of the district court (or, ate and the Committee on the Judiciary of the House of Representatives; and local bar and others who will be most if the chief judge is unavailable, the most senior available active judge of the district ‘‘(II) not later than 180 days after the expi- directly affected by the invocation of court) or the judicial council of the circuit ration of such court order submit a brief re- the authority this legislation would that, because of emergency conditions, no lo- port to the Committee on the Judiciary of grant. cation within the district is reasonably the Senate and the Committee on the Judici- Mr. FRIST. Mr. President, I ask available where such special sessions could ary of the House of Representatives describ- unanimous consent the bills be read be held. ing the impact of such order, including— the third time and passed, the motion ‘‘(2) Pursuant to this subsection, any busi- ‘‘(aa) the reasons for the issuance of such to reconsider be laid upon the table, ness which may be transacted at a regular order; and any statements relating to the session of a district court may be transacted ‘‘(bb) the duration of such order; at a special session conducted outside the ‘‘(cc) the impact of such order on litigants; bills be printed in the RECORD. district, except that a criminal trial may not and The PRESIDING OFFICER. Without be conducted at a special session outside of ‘‘(dd) the costs to the judiciary resulting objection, it is so ordered. the State in which the crime has been com- from such order; and The bill (H.R. 3650) was read the third mitted unless the defendant consents to such ‘‘(ii) shall provide reasonable notice to the time and passed. a criminal trial. United States Marshals Service before the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9776 CONGRESSIONAL RECORD — SENATE September 8, 2005 commencement of any special session held fitting we have the wheels of justice out of the field you may not have pursuant to such order.’’. providing that flexibility. I am sure enough hands or equipment to do that, (d) UNITED STATES MAGISTRATE JUDGES.— there will be other legislation; we hope that you can look to your neighbor to Section 636 of title 28, United States Code, is amended in subsection (a) by striking ‘‘terri- it all goes as smoothly. help you do that and others things. torial jurisdiction prescribed by his appoint- f I think during times like these, as we look to our neighbors from Louisiana ment—’’ and inserting ‘‘district in which ses- MAKING APPROPRIATIONS FOR sions are held by the court that appointed and Mississippi and Alabama and the the magistrate judge, at other places where SCIENCE, THE DEPARTMENTS OF needs they have, it is important for that court may function, and elsewhere as STATE, JUSTICE, AND COM- us—as we have been the recipient of authorized by law—’’. MERCE, AND RELATED AGEN- their generosity and their camaraderie Mr. FRIST. Mr. President, for the in- CIES FOR FISCAL YEAR 2006— and fellowship—to understand how im- formation of colleagues, the bills, as Continued portant it is for us, as neighbors, to be stated, S. 1634 and H.R. 3650, are to ad- Ms. MIKULSKI. For the Commerce, the good neighbor they have been to us dress the issue of responding to the State, Justice appropriations, we are and welcoming their constituency into emergency of the national disaster now waiting for the chairman to give our homes in Arkansas, to help provide which has occurred and in some ways is his statement. We will correct some them not only the necessities of life— ongoing in the Gulf States. This allows technical amendments. We are urging the water, the food, the rest, the shel- our Federal court system to continue colleagues to come and offer amend- ter, the clothes—they might need right its operation. This legislation requires ments. We know of six on our side of now in such a difficult time but also to it to do so. This likely will be among a the aisle. We are doing our best. We provide them the hug, the love, the series of bills we will address over the would like to be able to finish this bill comfort, the stability, the idea that we coming days and weeks that respond to today, but if we start offering amend- will be there with them, we will be the disaster itself and to service the ments at sundown—sundown is a great there for them, as long as they need us. victims of that disaster, the people who cocktail party, but that is not a great That is why I come to the floor of the are still in that coastal area of Lou- way to do appropriations. So we really Senate today. As Senator FRIST has isiana and Mississippi and Alabama, to want to do this bill because it funds mentioned, bringing an emergency sup- the victims who have been displaced, the FBI, it funds the Justice Depart- plemental appropriations bill over is and to help volunteers and those people ment, it funds important help to the really critical. But as many of us know who are pitching in around the coun- FEMA victims. We would like to move who have worked diligently on so many try, both government and private sec- it along. of the components of our Govern- tor, as we come together to respond to I yield the floor and suggest the ab- ment—that provides assistance and aid this disaster that may well be the larg- sence of a quorum. as well as just everyday services to the est natural disaster we have seen in the The PRESIDING OFFICER. The people we represent—it is very impor- last 100 years. clerk will call the roll. tant to enable these agencies, these The pending legislation is the Com- The assistant legislative clerk pro- providers of services the language and merce, Science, and Justice appropria- ceeded to call the roll. the ability to use these dollars as effi- tions bill. In this bill, as has been dis- Mrs. LINCOLN. Mr. President, I ask ciently, as effectively, and as quickly cussed, are a number of provisions re- unanimous consent that the order for as they possibly can be used in reach- lated to Katrina and our response to the quorum call be rescinded. ing the needs of our fellow Americans Katrina, things such as the small busi- The PRESIDING OFFICER. Without whose lives have been shattered. ness disaster loans. objection, it is so ordered. AMENDMENT NO. 1652 We will be, in fact, on that bill short- Mrs. LINCOLN. Mr. President, I first (Purpose: To provide for temporary medicaid ly, and the chairman will be here. I en- compliment my colleagues, Senator disaster relief for survivors of Hurricane courage Members to come over and MIKULSKI and Senator SHELBY, for Katrina, and for other purposes) talk to the chairman and ranking doing such a fine job and for the hard Mr. President, I wanted to wait until member. We want to move expedi- work they have done on a very impor- the Senator from Alabama had come to tiously with this appropriations bill, in tant issue. I compliment my colleague offer an amendment, but I do rise part, because it does have Katrina-re- and neighbor from Tennessee, Senator today to offer an amendment to related issues in it. I would love to be FRIST, for working so diligently to get spond to the dire health care crisis able to finish this bill this week, if at the supplemental emergency appro- that has been created by Hurricane all possible. priations bill over here so we can help Katrina. Second, just for the information of our neighbors in the delta region, in Hurricane Katrina has created a cri- our colleagues, the House will pass, at the Midsouth, lower Midsouth region. sis of epic proportions for our Nation some point today or this afternoon, our And I again compliment my colleagues but particularly in the Midsouth re- second supplemental request to re- from the States of Mississippi and Ala- gion. It is a humanitarian crisis for the spond to this disaster. We have passed bama and Louisiana for their incred- people of Louisiana, Mississippi, and a $10.5 billion bill in an urgent emer- ible passion and concern, as well as Alabama. It is a capacity crisis for hos- gency session last Thursday night. The their hard work and their diligent ef- pitals, for clinics, and community Senate addressed it. This will be a sec- forts in responding to the needs of health centers, for physicians and nurs- ond supplemental. As most know, it is their constituency. ing homes that are bursting at the more than $50 billion, a very large sum, Sitting here on the Senate floor lis- seams with a surge in demand for care, but that is the appropriate sum, as a tening to my colleague from Louisiana, mostly emergency care, mostly dire second phase, as determined by our ap- Senator LANDRIEU, I thought so des- care, that has been evidenced by not propriate personnel and staff. perately about some lessons I had only those who have been victimized by The House will pass that later today. learned growing up along the Mis- the dangerous natural elements but Once they pass that, it will come to the sissippi River. My father was very em- also by those who have been removed Senate either this afternoon or this phatic about how important it is to not at a moment’s notice from their homes evening. I want to make sure our mem- only have good neighbors but to be a where they have left their insulin, per- bers know we will have rollcall votes good neighbor, how critically impor- haps, or their high blood pressure med- today. It may well be tonight, but we tant it is that you have good neighbors icine or other things that allow them a need to pass the supplemental as soon that can help you raise your children, quality of life and a sustainability of as we possibly can. educate them, to help out with a cup of life on a day-to-day basis. Ms. MIKULSKI. Mr. President, this sugar or other needs you might have at It is a fiscal crisis for the States di- side of the aisle concurred when the the end of the month if you do not have rectly affected as well as those which majority leader offered the unanimous enough, to make sure if you are trying have welcomed the displaced survivors, consent allowing the Federal court to to harvest your crops—as many of our including Arkansas, Florida, Okla- do their business outside of their juris- farmers are right now—and you find homa, Texas, and so many other diction. It is the people’s business. How out that to diligently get those crops States. When New York City faced a

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9777 similar set of crises after 9/11, the city lished and may not receive reimburse- current Federal matching rate in order turned to Medicaid, the Federal-State ment for their services at all. And for to be able to maintain their wholeness partnership of health care for the poor, many of us from States that already and for those to be able to continue to to provide temporary coverage for vic- have a disproportionate share of low- offer their services, as a good neighbor tims of the tragedy. Our Nation’s income individuals who depend on Med- wants to, to those victims of this cri- health care safety net met the needs of icaid services, this could be detri- sis. This would continue for 6 months, millions of New York families, ensur- mental to not just those who are sur- with a possible extension for another 6 ing them access to comprehensive viving Katrina but those who are months if the need exists and con- health care services. hosting those victims and those sur- tinues. Current law restrictions on Medicaid vivors as well. The host States could It would also ensure a smooth transi- eligibility impede our efforts to let incur large, unexpected increases in tion to the Medicare drug benefit for Medicaid provide a safety net for their Medicaid costs at the same time Katrina survivors. In addition, parts of Katrina’s victims. Under current law, their revenues are reduced by the eco- the implementation of the drug benefit low-income individuals must be resi- nomic dislocation caused by Katrina. would be delayed in States directly af- dents of a State in order to qualify for What we are looking for here is some- fected by the hurricane, along with Medicaid coverage in that State. Once thing very similar to what we did in their neighbors. Specifically, the tran- the individual is determined eligible New York—to try to provide that flexi- sition of ‘‘dual eligibles’’ from Med- and enrolled in Medicaid, Federal and bility that is needed, streamlining icaid to Medicare—as well as the State Governments share in the cost of those services, and, more importantly, ‘‘clawback’’ payments, which we dis- purchasing medically necessary serv- making sure the paperwork is not the cussed at great length when we did the ices from hospitals, clinics, and other mountain of paperwork that so many Medicare reform package—would be providers. The amount the State pays are used to but that they are simplistic temporarily suspended to prevent sur- varies from State to State—from 29 and something that can expedite get- vivors from losing their drug coverage. percent in Louisiana to 39 percent in ting the needs of these individuals met. We have tried—and I know I have in Texas to 50 percent in the State of Vir- This is a critical issue that has to be my own home State, having supported ginia. addressed immediately. Our States and the Medicare reform package—to make Katrina has displaced tens and per- our fellow Americans deserve it. To ad- sure the information is out there for haps hundreds of thousands of citizens dress these crises, I have proposed the the elderly and the disabled and those of Louisiana, Mississippi, and Alabama temporary disaster relief Medicaid who use Medicare as to what their op- who have lost everything and who will amendment. portunities and options are through not be able to return to their homes The amendment, just briefly, is as Medicare, particularly the new Part D until their communities are rebuilt. follows: Medicare drug component. We are looking here to put into place It would provide the Katrina sur- For the low-income, there is an in- some commonsense directives, some vivors with health coverage through credibly good component of the Medi- flexibility to allow these individuals to Medicaid wherever they find refuge. A care drug piece in the Medicare reform be able to access the kind of health simplified eligibility and enrollment package. All of these are available, but care we in this Nation know they need process would be created for people they do have deadlines. They do have and as Americans we want to provide. from Federal disaster counties in Mis- deadlines. The enrollment begins on These citizens cannot return to their sissippi and Alabama and Federal dis- November 15 of this year. Those who do homes and may not return to their aster parishes in Louisiana. It would be not enroll in a drug plan by May 15, homes for months, but under current extended to those who live in those 2006, this coming spring, will see a pre- Medicaid law, they are only eligible for States and who have lost their jobs mium penalty. Many of us have benefits as residents of their home since the Hurricane Katrina crisis has learned, as we have delved into Medi- State. Under current law, Medicaid happened. This, again, is something care over the years, that those others services can only be provided if the very similar to what we did in New receive premium penalties if they don’t State puts up its own money for the York after 9/11. Using what we have sign up for Medicare on time. We want match for the survivors, but the States learned there, we want to expedite to make sure those kinds of penalties directly affected by Katrina and those these services for the victims today. don’t exist for victims who find them- hosting the survivors will not be able We want to make it easy for health selves not only displaced from their to put up their match payments due to providers to care for Katrina survivors. families, their homes, their regular the fiscal crisis Katrina has created. Once enrolled, Katrina survivors who medical providers, but also all of their This could put Medicaid coverage for are in other States would receive Med- information, their documents, the kind our Nation’s neediest individuals in icaid as though they were Medicaid en- of information and certainly the nor- jeopardy. rollees in that very State. Medicaid malcy of life that allows one to go We want to prevent that from hap- would also temporarily finance peo- through that kind of paperwork and pening. We want to assure our pro- ple’s private insurance if they have ac- try to make the best decisions possible. viders and those in the communities cess to it. This means no new systems The requirement of proof of assets for who are there to wrap their arms or rules for health care providers so the low-income drug benefit would be around their fellow Americans—their they can again rest assured that they delayed. As we know, many of these in- neighbors, many of them to the south are providing these services and will dividuals have no idea if their old job or to the east or wherever their neigh- still be able to maintain their whole- will be there; will there be a new job; bors from Louisiana, Alabama, and ness in providing services to their own how long it will take for these busi- Mississippi have come from—that the communities. nesses to rebuild, to replenish, to be Federal Government has the common It would guarantee Federal funding back in action. There are so many who sense and the wisdom to be able to pro- for health care for Katrina survivors. are dealing with so much unknown. It vide these services with the flexibility The Federal Government would fully is certainly our responsibility, not only and without the redtape that in many finance the cost of providing Medicaid as legislators but as fellow Americans, instances would cause providers to to Katrina survivors in any State in to recognize they need time. They need turn them away. which they are enrolled. Additionally, time and flexibility to work through In the face of the public health, and the scheduled decline in some States’ these issues and to access the programs State budget crises Katrina has cre- Medicaid matching rate for fiscal year that we have very carefully designed to ated, current law is not plausible. If 2006 would be canceled. fit their needs. normal application procedures apply, Mr. President, you may be certainly The penalties for not immediately the displaced survivors will face delays well aware, as many of us are here in enrolling in Medicare and its drug pro- in establishing their eligibility for the Senate, that the Federal matching gram would also be temporarily sus- Medicaid. The providers serving them rate was due to change as of October 1 pended. Providing this assistance—cer- during these delays will not be reim- of this year. We want to make sure we tainly the dollars Senator FRIST spoke bursed until after eligibility is estab- extend, for those who are affected, the of, the ability to make sure that the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9778 CONGRESSIONAL RECORD — SENATE September 8, 2005 victims, our fellow Americans who Mrs. LINCOLN. I yield the floor. savings wherever possible and that we have gone through such atrocities, and The PRESIDING OFFICER. The Sen- have allocated limited resources to the health care providers in the com- ator from Alabama. meet the highest priority programs. munities who want to be there to serve Mr. SHELBY. Mr. President, I am These priorities include bolstering our them, making sure of the technical pleased to present to the Senate the capabilities for fighting terrorism, as- parts of this recovery—is our responsi- Commerce, Justice, Science, and Re- sisting with law enforcement activities bility. I hope the managers of the bill lated Agencies appropriations bill for at the State and local level, measuring will understand how important it is for fiscal year 2006. Since August 25, our and strengthening our Nation’s econ- us to move quickly to ensure that Nation has been gripped by the devas- omy, furthering scientific research, those who are providing the relief and tation and destruction left in the wake and reforming and reenergizing our Na- those who are receiving it can take it of Hurricane Katrina. We have all tion’s space program. In the wake of with great comfort levels that they watched in horror as this category 4 three successive hurricanes last year won’t have to deal with the bureauc- hurricane ravaged an entire region, and and now Hurricane Katrina, we have racy but that they will be dealing with each of us share in the sorrow of those also taken steps to ensure our Nation’s a compassionate Federal Government who have lost their lives and their live- ability to predict and monitor hurri- that understands the necessity of mak- lihoods. I am confident that the canes. And we have done what we rea- ing this process more streamlined and strength of the American spirit will sonably could within our purview to more accessible. rise to this challenge and, just as we improve our response and recovery ca- It is not only the right thing to do; it have many times before, that we can pabilities. is what we must do to ensure that our and will recover. The total amount recommended is Nation’s safety net does not unravel in The bill before us today provides $885 million above the fiscal year 2005 the face of this growing national emer- funding for many U.S. Government level at this point in the debate, which gency. We still have the precautions in functions that are critical to hurricane is a 2-percent increase. These numbers here. We still have the fraud and abuse prediction, response, and recovery. The might suggest that the bill is well precautions that exist in our current Small Business Administration pro- below the budget request. However, the law. We just want to make sure that vides low-interest loans to disaster vic- bill does not include the proposed our fellow man, our fellow Americans, tims to rebuild their homes and busi- Strengthening America’s Communities in a time of dire need, as has been de- nesses. The Economic Development Ad- Initiative. The President’s budget re- scribed eloquently by Senators from ministration, under the Department of quest for the Department of Commerce those States who have been there with Commerce, can make funds available included $3.7 billion to implement this these individuals, for those of us who to distressed communities to help re- new program. The bill before us does are from States where they are coming, pair their physical infrastructure. not reflect the President’s proposal to seeing these individuals coming in—we Under the Department of Justice, transfer and significantly reduce these had a group come in through Fort State and local law enforcement assist- programs. Chaffee, AR, almost 10,000 evacuees ance grants can help provide relief to Another noteworthy aspect of the processed in about a 12-hour period, all gulf coast law enforcement agencies. bill is that it includes an increase of of whom came with what they had left Finally, the National Oceanic and At- over $1 billion above the budget request in a plastic sack, perhaps, who had mospheric Administration is one of for the Department of Justice. This is been sitting on buses for almost 2 days three lead agencies responsible for re- mainly due to the restoration of the while people figured out where they searching, forecasting, monitoring, and proposed cuts to State and local law should go, what they should do, where warning of hurricanes. enforcement grants. I know the Pre- they should be sent, who should be tak- It is timely that this bill is being siding Officer is very involved in that. ing care of them. We don’t want that to considered on the Senate floor, and I The bill also recommends nearly $7.2 happen in their medical care and in commend the leader for recognizing billion for the Department of Com- their access to the kind of things that how important it is to send this bill to merce, including NOAA and NIST, we know they are going to need now the President. which is an 8-percent increase over last and they are going to need in the com- This afternoon, I want to take a mo- year’s funding level. Many Department ing weeks and months. ment to provide some general back- of Commerce programs were proposed I hope we will do our homework ground about the bill before us and the for termination in the President’s quickly. I urge my colleagues to sup- programs it funds. The reorganization budget for 2006. Rather than termi- port this amendment to create tem- of the Appropriations Committee ear- porary disaster relief Medicaid today. I nating these programs, the bill before lier this year significantly changed the ask them all to think about how they us includes funding for the Economic jurisdiction of the subcommittee. The would feel, many of whom have experi- Development Administration, which is newly formed subcommittee has juris- enced it. Senators from Alabama and so important to every State, the public diction over the Departments of Jus- Mississippi and Louisiana who have telecommunications facilities, plan- tice and Commerce, as well as the Na- lost their homes and have found their ning and construction grants, and the tional Aeronautics and Space Adminis- family members displaced can under- Technology Opportunities Program. tration, the National Science Founda- In the science title of the bill, we stand how heavy the hearts are of our tion, and a number of independent fellow Americans who have been vic- have restored the 8-percent reduction agencies such as the Securities and Ex- timized by this incredible storm. We, in from last year’s enacted level that was our way, can help in bringing down the change Commission, the Federal Trade proposed by NOAA. There is continued wall of bureaucracy and redtape to Commission, the Federal Communica- frustration among many of my Senate allow them the helping hand that we tions Commission, and the Small Busi- colleagues about the Department’s re- can provide. ness Administration. The major areas peated request to reduce NOAA fund- I send the amendment to the desk. of jurisdiction of the CJS bill are coun- ing. NOAA provides many critical func- The PRESIDING OFFICER. The terterrorism, Federal, State, and local tions to hurricane prediction and warn- clerk will report. law enforcement, our Nation’s econ- ing. Further, our oceans and atmos- The assistant legislative clerk read omy, regulation of the banking and phere constitute one of our most pre- as follows: telecommunications sectors, scientific cious natural resources, and I believe The Senator from Arkansas [Mrs. LINCOLN] research, including programs to study we can all appreciate the importance of proposes an amendment numbered 1652. the oceans and atmosphere, and our both to human subsistence. I believe Mrs. LINCOLN. I ask unanimous con- Nation’s space program. we should be increasing NOAA’s budg- sent that reading of the amendment be In a year when domestic discre- et, as the bill does, not cutting it. dispensed with. tionary dollars are scarce, it has been In addition, this bill provides funding The PRESIDING OFFICER. Without our goal to ensure that the priorities of for NASA to move forward with the ex- objection, it is so ordered. our Nation and our States are met ploration vision while fully funding the (The amendment is printed in today’s while remaining within our allocation. ongoing activities of the space shuttle RECORD under ‘‘Text of Amendments.’’) I believe we have accomplished those and the International Space Station.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9779 The recommendation fully funds con- AMENDMENT NO. 1656 male. Seventy-two percent of the cli- stellation systems and provides NASA (Purpose: To provide funding and personnel ents served by legal services are with funds to prepare a servicing misfor the National Hurricane Center) women, most of whom are seeking help sion to the Hubble space telescope. On page 170, between lines 9 and 10, insert with domestic abuse issues, including Many of NASA’s facilities in the gulf the following: custody, retraining orders, and safe region sustained significant damage SEC. 304. Notwithstanding any other provi- housing. from Hurricane Katrina, and we have sion of this Act, of the amounts made avail- Legal services is also the only assist- not addressed those issues in this bill. able in this title under the heading ‘‘NA- ance most low-income women have in TIONAL OCEANIC AND ATMOSPHERIC ADMINIS- We expect to address them in the next getting and keeping safe, habitable TRATION’’ and under the subheading ‘‘OPER- supplemental spending measure that ATIONS, RESEARCH, AND FACILITIES’’, not less housing. It is critical in reducing will be considered. than $5,800,000 shall be made available for homelessness among women and chil- Finally, in the related agencies title the National Hurricane Center and that such dren. of the bill, we include full funding for amount may be used to employ individuals In the last 2 years, cuts to legal serv- the Securities and Exchange Commis- in 43 full-time equivalent positions at the ices programs have resulted in the loss sion, for the Federal Communications National Hurricane Center. of funding for 200 attorney positions. Commission. The recommendation re- AMENDMENT NO. 1657 Every single one of those attorney po- jects a number of proposed program On page 173, beginning in line 2, strike ‘‘: sitions means at least 385 people a year eliminations within the Small Business Provided further,’’ and all that follows not able to get the legal help they Administration. through ‘‘this Act’’ in line 10. need. This, overall, is a pretty lean bill. We AMENDMENT NO. 1658 To sum it up, last year, legal services had to work with our allocation. We (Purpose: To expand the disaster loans that was forced to serve 77,000 fewer people had to make tough decisions to get shall not be sold by the Small Business Ad- than they did the year before. here. I think my colleagues will find ministration) The Senate bill before us today, in- that this bill does support core func- On page 188, line 10, after ‘‘Alaska’’ insert stead of taking a small step to fix this tions and even provides increases ‘‘or North Dakota’’. injustice, imposes an additional $6 mil- where critical. The bill addresses the The PRESIDING OFFICER (Mr. lion in cuts to legal services programs. most pressing needs that were brought DEMINT). The Senator from Iowa. This is simply unacceptable. to our attention both by the adminis- Mr. HARKIN. Mr. President, I have I don’t want anyone here to think tration and by my colleagues on both an amendment to this bill that I will this amendment we are offering is a sides of the aisle. Overall we believe we be offering shortly along with Senator drastic fix to the problem. All this amendment does is restore funding for have crafted a bill that reflects the pri- SMITH of Oregon, my cosponsor, and co- legal services to the fiscal year 2003 orities of this committee, as well as of sponsored by Senators BINGAMAN, level adjusted for inflation. This the entire Senate. WYDEN, FEINGOLD, and KENNEDY. I take this opportunity to thank Sen- This amendment will increase the amendment restores legal services ator MIKULSKI, my friend and col- amount of money going to legal aid funding to the 2003 level. If we were serious about providing league, who is the ranking member on programs across the country from equal justice under law for all of our the committee. We have worked to- $324.5 million to $358.5 million. citizens and providing the resources gether this year, as we have in many Again, this amendment will throw a that legal services really needs, we years, to produce a bill that is fair and lifeline of legal services assistance to would restore legal services to the 1995 forward looking under intense time and people in need. funding level of over $500 million a budget constraints. I look forward to I point out that this is $4 million less year. continuing to work with Senator MI- than what the Legal Services Corpora- KULSKI on the Senate floor and in the Think about it this way: Since 1995, tion requested in their budget earlier we have cut legal services, the only future. this year. The reason it is slightly less I also reiterate the leader’s position, civil legal help poor people have in this is because we had to do that to get the country, by a third. And need I remind which is that we must act on this bill proper offset for the amendment. expeditiously. I urge my colleagues to anyone what has happened to poverty Forty-five Members of the Senate, on a since 1995? Has it gone down by a third? come to the floor and offer their strong bipartisan basis, sent a letter to amendments. I will try to work with No; it has gone up. So poverty has gone the chairman and ranking member ear- them, but let’s act in a timely manner. up, and we have cut legal services by a lier this year seeking the full funding Time is of the essence now. third since 1995. Unconscionable. for legal services, which was $362.5 mil- This, of course, is the picture legal AMENDMENTS NOS. 1655 THROUGH 1658, EN BLOC lion. As I said, this amendment is $4 Mr. President, I now send a series of services was facing before Hurricane million less than what 45 Members of Katrina. Legal services always plays a amendments to the desk. I ask that the the Senate, on a bipartisan basis, re- amendments be considered read and critical role in a national disaster, but quested earlier this year. this disaster will impose more burdens agreed to, the motions to reconsider be I also point out that 25 percent of the laid upon the table, and that any state- and more challenges than ever before. increase goes specifically to those pro- That is why this amendment devotes $8 ments relating to these amendments be grams providing assistance to victims million or, as I said, 25 percent of the printed in the RECORD, with all of the of Hurricane Katrina. increase goes to programs directly above occurring en bloc. These amend- Even before the devastation and dis- helping victims of Hurricane Katrina. ments have been cleared on both sides placement of Katrina, this increase was Again, is that enough? Hardly. This of the aisle. sorely needed. That is because today, The PRESIDING OFFICER. Without will be a small downpayment on the as I stand here, 50 percent of the people objection, it is so ordered. funding that will be needed, and I hope The amendments were agreed to, as eligible for legal services in America will be provided, in some of the supple- follows: are being turned away because the pro- mental funding bills coming down the grams simply are underfunded. road. AMENDMENT NO. 1655 Keep in mind, to even be eligible for I heard the majority leader today On page 144, line 10, strike ‘‘$409,625,000’’ and insert ‘‘404,625,000’’. legal services, one must be below 125 saying there is going to be a supple- On page 152, between line 20 and 21, insert percent poverty. That means for a fam- mental on the floor today. I don’t know the following: ‘‘United States Travel and ily of four, you have to have less than what is in it, but there better be some- Tourism Promotion a $23,000-per-year income to even qual- thing in it to help legal services serve For necessary expenses of the United ify for legal services. Again, we are the people displaced. We have to have States Travel and Tourism Promotion Pro- now turning away half of the families immediate assistance to these program, as authorized by section 210 of Public in America who need civil legal help grams to help assist people in the larg- Law 108–7, for programs promoting travel to the United States including grants, con- who make less than $23,000 a year. That est displacement in this country since tracts, cooperative agreements and related is not justice. the Civil War. Think about it: The costs, $5,000,000, to remain available until Furthermore, the clients served by largest displacement of people since September 30, 2007.’’. legal services are overwhelmingly fe- the Civil War.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9780 CONGRESSIONAL RECORD — SENATE September 8, 2005 One might say people need food, has to have an income of less than 25 of the aisle, saying we have to get this water, they need clothing, they need percent of the poverty level. funding back up. Our courts are shelter, they need schooling. Yes, they Another example of what they did in plugged with people sometimes with need all those immediate needs. But Iowa: FEMA determinations that mas- crimes that have to do with property. here is why they are going to need sive property damages were, in fact, How many of those might have been legal services immediately, not a year preexisting conditions; determinations forestalled if they had had Legal Serv- from now. of SBA loan eligibility. ices help—or courts plugged because Let me share with you an e-mail This all happened in Iowa in 1993, so someone is there because of domestic from the State director of the Alabama I know what it means to go through a violence. It could have been forestalled program, one of the hardest hit States, devastating flood such as this and to if people had had Legal Services. describing what they will be doing in have people who are homeless, without So that is why we need to get the the next few weeks: housing, with no place to go and need- Legal Services Corporation back up to . . . legal services programs are traditionally ing the help of legal services to navi- the level it was at least in the mid- a critical partner in long-term disaster re- gate, to find out what they can get, to 1990s, and actually it probably should sponse. We will be doing everything from know for what they are eligible. be more than that because of the huge trying to clear title for FEMA award pur- In the situation we are now facing, increase in poverty in this country. poses (many low-income folks land in houses much bigger than the flood of Iowa, So if my colleagues believe in equal passed from generation to generation with- legal services lawyers will be trying to justice under law, if they believe an out any formal conveyance . . . ); to con- represent clients who have no access to ounce of prevention is worth a pound of tractor fraud; to handling credit problems for folks who are trying to get SBA or other their homes, many who are tempo- cure, if they believe by a little bit of loans with which to rebuild their lives. Not rarily living out of State. At least that money upfront helping people solve only will we be helping victims of Hurricane did not happen in Iowa, at least not to their legal problems, domestic violence Katrina [in this State], but there are over any great extent. There are evacuees in problems, and things like that it will 35,000 evacuees from Louisiana and Mis- Texas, in Arkansas, some in Wash- help keep people out of court, which we sissippi in the State. Every one of our offices ington, DC. Providing legal help to have proven is true, then we ask for in the State will be serving Hurricane those most in need is critical in this in- support for this amendment, and hope- Katrina victims with already scarce re- stance. fully we can hold this amount when we sources. Beyond the immediate need of help- go to conference. So it is not something they are going ing the victims of Hurricane Katrina, AMENDMENT NO. 1659 to need a year or two from now, they legal services is critical to reducing vi- I send the amendment to the desk need it now because, in the initial olence in this country. When people and ask for its immediate consider- stages, legal services will be respon- cannot get results through the legal ation. sible for helping hundreds of thousands system, they resort to extralegal The PRESIDING OFFICER. Without of people navigate the system for ob- means. We have seen that in all areas objection, the pending amendment is taining disaster-related food stamps, of the country. We have seen that laid aside. unemployment compensation, and sometimes in disaster areas in the last The clerk will report. housing assistance. They will be on the week, and we should expect to see more The assistant legislative clerk read frontlines representing people with the if we cannot quickly get legal help to as follows: agencies to get the needed relief. the people displaced. The Senator from Iowa [Mr. HARKIN], for Legal services will be the best on- It is not true because of Hurricane himself, Mr. SMITH, Mr. BINGAMAN, Mr. the-ground arbiters of whether dead- Katrina; it is true in everyday dis- WYDEN, Mr. FEINGOLD, Mr. KENNEDY, and Mr. lines need to be extended to reach the putes. Having access to quality legal OBAMA, proposes an amendment numbered hundreds of thousands eligible for as- help reduces tensions, focuses people 1659. sistance. on compromise, negotiations. Legal Mr. HARKIN. Mr. President, I ask I have a little experience in this from services reduces the burdens on our unanimous consent that the reading of both standpoints: One, I was a legal courts. They help to ensure that those the amendment be dispensed with. services attorney before I came to Con- people with disabilities get the benefits The PRESIDING OFFICER. Without gress. That was my job. So I know a to which they are entitled. objection, it is so ordered. little bit about how legal services work That is why the Legal Services Pro- The amendment is as follows: and who they serve. Second, our State gram has the complete support of the (Purpose: To increase the appropriation for of Iowa in 1993 was hit by a devastating American Bar Association and every nationwide legal services field programs flood. Every single one of our coun- State bar in the United States. I point and to provide additional funds to pro- ties—99 counties—was declared a dis- out that the American Bar Association grams providing legal services to the vic- aster area. Some of our small towns supports the amendment we are offer- tims of Hurricane Katrina) were totally wiped out. ing. On page 175, strike lines 6 through 9 and in- So I have a great deal of sympathy Let me add that this amendment is sert the following: and empathy for what is going on in For payment to the Legal Services Cor- fully offset, as it stands now. poration to carry out the purposes of the New Orleans. We saw whole towns in I want to also add Senator OBAMA as Legal Services Corporation Act of 1974, our State underwater. Some of them a cosponsor to this amendment. $358,527,000, of which $346,251,000 is for basic were never rebuilt. We had to move I urge my colleagues to support this field programs and required independent au- people to other places. amendment. As I said, 45 Senators dits (of which $8,000,000 is for basic field pro- That was 1993. Legal aid lawyers rep- signed a letter earlier this year seeking grams providing legal assistance to victims resented thousands of clients in the this level of funding; $4 million actu- of Hurricane Katrina) State of Iowa in landlord-tenant dis- ally more than what we are asking for Notwithstanding any other provisions in the putes about the ability to terminate in this amendment. Act, the sums appropriated for the Depart- leases of uninhabitable property. They So I hope and trust that we will hold ment of Justice are reduced by $37 million. This reduction is to be taken by the Attor- assisted people in Iowa with a whole this in conference. We cannot continue ney General from accounts receiving an in- range of issues. to say we are a nation of equal justice crease in travel and transportation of per- In one example, there was a certain under law when the poverty rate keeps sons as specified in the President’s Fiscal FEMA determination that a woman going up and the amount of money we Year 2006 Budget Submittal to Congress pur- was not entitled to compensation be- are giving the Legal Services keeps suant to 31 U.S.C. section 1105 and which are cause the property was in the name of going down. Poor people are being ex- in excess of the fiscal year 2005 level; an ex-spouse. It turned out it was not cluded from our civil justice system. Mr. HARKIN. I yield the floor. an ex-spouse; it was her spouse who had That is wrong. It should not happen in Mr. DURBIN. Mr. President, I am died, and only legal services could help this country. pleased to speak in support of Senator clear this up for this poor woman. She So this year, next year, the year HARKIN’s amendment to add $38.2 mil- didn’t have enough money to hire an after, I will be here, and I am sure lion to the reported funding level for attorney. As I said, to be qualified, one along with many others on both sides the Legal Services Corporation, and am

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9781 proud to join him as a cosponsor. I was by the Legal Services Corporation that have been amply demonstrated. The ex- one of 47 colleagues joining in a bipar- serves residents in 36 mostly rural cuse that there is not enough money is tisan letter in June urging the sub- counties in northern Illinois, to seek no longer acceptable. We are failing to committee to support the Legal Serv- help in getting a power of attorney and protect the legal rights of too many of ice Corporation quest for $363.8 million. will prepared so that if something hap- our most vulnerable residents. Liberty and justice for all is one of pened to him his family would know But if Congress adopts the Harkin America’s most cherished principles, what to do. amendment reflecting the bipartisan and a fundamental part of the very fab- Other examples of the Americans Legal Services Corporation Board’s ric of our Nation. Our Founding Fa- who are helped every day by legal aid funding request, it would mean almost thers fought a revolution for it. Thou- groups funded by the Legal Services $1 million in additional funding for Illi- sands of brave men and women since Corporation—and for too many of nois programs over last year’s appro- then—from Abraham Lincoln to Susan whom help is not available—include a priation and thereby ensure services B. Anthony to Martin Luther King and woman and her children victimized by for thousands of lower-income Illinois all who fought with them—risked their domestic violence seeking an order of residents. lives to ensure that the principle of protection and child support to give By contrast, if the appropriation re- justice for all truly applied to all them a fair chance to start a new life, mains at the $324 million level in the Americans. And today, thousands of a senior couple facing foreclosure of underlying bill we are considering, it men and women of our armed forces the only home they have ever lived in will result in additional cuts of more are fighting and sacrificing their own after being victimized by consumer than $200,000 for Illinois programs. At- lives to secure these freedoms for the fraud, a World War II veteran who torneys throughout Illinois already people of Afghanistan and Iraq. served his country so well but now is contribute more than $5 million annu- Justice for all knows no political ex- being denied the benefits we have ally to civil legal aid, as well as pro- clusivity. It is not a Democrat or Re- promised him, and numerous other less viding hundreds of thousands of hours publican value, but an American value. fortunate residents facing legal mat- of pro bono services. While members of At the opening of each and every ses- ters critical to their safety and inde- the legal community must continue to sion of this Senate, we stand together pendence as they try to pursue the be leaders in this effort, they cannot do and pledge our allegiance to this found- American dream. it alone. Congress must step up to the ing principle. Millions of school- The legal aid system in Illinois is plate. children pledge their allegiance every able to address only a small fraction of Access to and availability of legal services will be even more acute in the day to this fundamental tenet of our the civil legal problems encountered by coming months as thousands of victims country. low-income Illinoisans. The ‘‘safety Yet today in Illinois and throughout net’’ is inadequate and fraying. Low-in- of the devastation in the wake of Hur- the United States, we are falling far come Illinoisans faced over 1.3 million ricane Katrina grapple with housing, unemployment, and other complicated short of fulfilling our Nation’s promise civil legal problems in 2003—from child assistance programs. Prior to Hurri- of ‘‘justice for all.’’ custody disputes to mortgage fore- cane Katrina, there was already a crit- A recently released study, ‘‘The closure to physical and financial elder ical need for an increase in the budget Legal Aid Safety Net: A Report on the abuse. Low-income Illinoisans had the for legal services programs. Between Legal Needs of Low-Income Illi- assistance of an attorney for only one March and May of 2005, legal service noisans,’’ found that over the course of of every six legal problems they en- programs across the country were a year, tens of thousands of less fortu- countered. Illinois’s legal aid system is forced to turn away 50 percent of peo- nate Illinois residents were unable to facing critical shortage of resources, ple eligible for assistance. An addi- obtain legal assistance that was often with layoffs and hiring freezes becom- tional 20 percent were forced to make critical to their safety and independ- ing widespread at programs throughout due with less legal help than necessary. ence. Hundreds of thousands more at- the State. By adopting this very modest amend- tempted to solve often complex legal The Legal Services Corporation has ment offered by Senator HARKIN, we problems on their own. historically been grossly underfunded. can ensure that tens of thousands more Studies in other parts of the country In 1996, Congress reduced funding by 33 Americans like those I described have have reached similar conclusions. Mil- percent—from $415 million to $278 mil- access to critical legal services that lions of Americans are being shut out lion, resulting in closure of more than will enable them to continue to be of our civil justice system, with grave 100 legal aid offices across the country. independent and productive members consequences for themselves personally By fiscal year 2003, the appropriation of our communities. and for our country as a whole when had been increased to $338.8 million, Senator HARKIN’s amendment would legal assistance is not available to but levels have steadily declined as a merely restore Legal Services Corpora- them. We are a long way from fulfilling result of Government-wide reductions. tion funding to its level from 2 years our Nation’s promise of equal justice The Legal Services Corporation has ago when adjusted for inflation. It is for all. already had to absorb $9 million in cuts only a modest increase from last year’s This widespread lack of access to jus- over the last 2 years. That translates $335 million pre-rescission funding tice can only be described as a crisis to almost 200 attorney positions across level, yet it would help ensure services for our country, and with increases in the country who are no longer helping for tens of thousands of Americans are the poverty rate compounded by the those in need of legal assistance. Just protected. It will help give them access vast devastation to so many of our fel- in the last 2 years, the number of peo- to reliable web-based legal information low citizens caused by Hurricane ple that were able to receive needed and resources, legal aid hotlines, and Katrina, it will only get worse if we do services declined from 978,000 to 901,000. extended representation by legal aid not act. Three States are experiencing layoffs attorneys in more complex matters. Those being left behind by the alarm- and many other States have a hiring I hope we will all join in full support ing gap in access to our justice system freeze in place that has led to as many of Senator HARKIN’s reasonable amend- are our friends, relatives and neigh- as one third of the staffing positions ment. Let’s demonstrate that ‘‘justice bors. They are children, families and being vacant. for all’’ is a meaningful commitment— the elderly of diverse creeds and back- While it is not the Federal Govern- and never becomes a meaningless cli- grounds, and they often are the men ment’s responsibility to be the sole che. and women fighting for our country source of legal aid funding, the Federal Mr. OBAMA. Mr. President. I rise in and their families. Government has a significant role to strong support of the amendment of- The story of a young man in our play in partnership with State and fered by Senator HARKIN to increase armed forces from Galesburg, a small local governments, the legal commu- funding for the Legal Services Corpora- city in the western part of Illinois, is a nity and other public and private tion. I am proud to be a cosponsor of prime illustration. Before being de- sources. the amendment. ployed to Iraq, he visited Prairie State The need and the cost effectiveness of The Legal Services Corporation pro- Legal Services, an organization funded increased funding for civil legal aid vides vital legal assistance to the poor

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9782 CONGRESSIONAL RECORD — SENATE September 8, 2005 around the country. It was created in afford a lawyer but is having trouble because their Government won’t sup- 1974 with bipartisan congressional getting her unemployment insurance port the very program designed to help sponsorship and the support of the or Social Security benefits, or getting them? Nixon administration. her utilities turned back on, Legal This year, the House has appro- In Chicago, the Legal Services Cor- Services Corporation will be right priated only $324.5 million in funding poration funds make it possible for the there. Legal Services Corporation- for Legal Services. The current version Legal Assistance Foundation to help funded organizations have won dozens of the Senate CJS Appropriations bill my constituents navigate the foster of awards, and groups ranging from funds the program at about the same care system and receive compensation AARP to the American Bar Associa- level. after violent crimes. In Galesburg and tion have voiced their strong support This is less than Legal Services re- Peoria, these funds make it possible for of LSC. We should do the same. ceived in FY 2005. It’s almost $40 mil- the Prairie State Legal Services orga- Over the last decade, the LSC budget lion less than the FY 2006 budget re- nization to help people dealing with do- has suffered $196 million in cuts. The quest made by the bipartisan Legal mestic violence issues and elder abuse. Appropriations Committee proposed Services Corporation Board of Direc- In the aftermath of Hurricane this year to cut $6 million more. I do tors. In fact, the current level of fund- Katrina, you can bet that Legal Serv- not think this is the time to deny legal ing is not much more than it was in ices Corporation will be in Louisiana, services to those who need them most. 1981—in real dollars. Alabama, Mississippi, and the many I believe that in light of the pressing The issues that Legal Aid works to States where hurricane victims are crises confronting individuals in the address are not esoteric legal ques- being relocated helping newly impover- gulf coast, we should be increasing tions. They are issues of life and death ished citizens obtain food and shelter funding for the Legal Services Corpora- and food and shelter. assistance, health care and insurance tion, not decreasing it. So I strongly When folks who are already hurting benefits, unemployment insurance, So- support Senator HARKIN’s amendment, can’t get the legal representation they cial Security benefits, and FEMA as- and I urge my colleagues to do the need, all too often it gets harder to put sistance. same. food on the table and harder to pay the This program makes a real difference Mr. WYDEN. Mr. President, I rise rent and harder to get the medicine for in people’s lives. Take the story of today in support of the amendment in- the kids or for Grandma. Irene and her family for example, who troduced by my colleague, Senator In the State of Oregon, the need for live in Section 8 housing and needed HARKIN, from Iowa, which would in- legal aid is clear, and the choice to help. They visited the Prairie State crease funding for the Legal Services fund it should be obvious. Oregon’s Legal Services office in Illinois. Every Corporation by $38.2 million to $363 Legal Aid programs are the primary day, Irene had to get two wheelchair- million. source of representation available to bound grandchildren up the stairs and If there was ever a time to provide more than 500,000 low-income folks in into a second floor apartment. Both adequate funding for legal services for my State, and they assist 20,000 of her grandchildren have cerebral palsy the poor, that time is now. those low-income Oregonians every and are confined to wheelchairs. The In the wake of Hurricane Katrina, year. oldest is now 14 and weighs 160 lbs. And there will be thousands and thousands But because of Legal Aid funding after 11 years, as I am sure you can of Americans in desperate need of legal shortfalls in recent years, the Oregon imagine, Irene was having a hard time advice who lack the resources to hire programs have had to layoff staff, cut getting her grandchildren up those their own attorneys or the skills nec- salaries for remaining staff, slash their stairs. But when she tried to make this essary to meet the legal challenges medical benefits, freeze vacancies, and difficult situation better, it only got they must confront. close the Klamath Falls office. Less worse. These are the same folks that didn’t than 20 percent of low income Orego- Irene applied for and received a have the means to get out of harm’s nians have access to an attorney who transfer certificate from Section 8 to way when the hurricane struck. could make a critical difference in allow her to move to a new apartment. These are the same folks that waited helping them deal with a legal issue— But she could not find a first-floor for days on their rooftops, at the New from a getting restraining order from apartment to transfer to within the 60 Orleans Convention Center, the Super- an abusive boyfriend to helping a pred- days that the transfer allowed. Irene dome, and so many other places down atory lending victim. tried calling the Section 8 offices to let on the Gulf Coast to be rescued. The idea that Legal Aid is the prac- them know of the delay, but she was These are the same folks that now tice of political law is preposterous. forced to leave messages. When she fi- must rebuild their lives—often times It’s simply making sure that legal nally sent a letter asking for a re- from scratch. services are available for the very peo- sponse to her messages, she was in- They will need legal assistance. Con- ple who need them most. formed that she was too late—not only gress needs to step in and help make Make no mistake—State, local and was the Public Housing Agency termi- this a reality. And Congress needs to private resources are providing the nating her transfer, it was also termi- step and increase funding so that the vast majority of Legal Aid funding in nating the Section 8 subsidy for her thousands of other Americans—in addi- Oregon and elsewhere. In 1980, Federal current apartment. tion to the victims of Katrina—who are funding accounted for 80 percent of the But that is when Prairie State and unable to afford legal advice get the total legal aid money in Oregon. In Legal Services Corporation intervened. access to justice that they deserve. 2005, Federal funding accounts for 28 A staff attorney represented Irene in How can it be, in a country where we percent. Everyone else is doing their an administrative appeal, and pointed teach our children from an early age part to provide these folks with equal out that under the Fair Housing Act the Pledge of Allegiance and its closing access to justice—it’s time that the and the Americans with Disabilities words—‘‘with liberty and justice for Federal Government did its part too. Act, Irene had not been provided the all’’—so many children and their fami- I am determined that the victims of support needed to assist her in finding lies cannot obtain equal access to jus- Hurricane Katrina and poor Americans an apartment. As a result of her attor- tice? throughout the United States, who, as ney’s efforts, Irene’s subsidy was rein- How can it be, in a country that saw children, stood in their classrooms stated, she was given a new transfer an historic economic boom in the last with their hands over their hearts and certificate and was provided with ac- decade, that 80 percent of low-income recited the Pledge of Allegiance and tive assistance in helping her find a Americans still lack access to a lawyer the words ‘‘with liberty and justice for new apartment. when they’re in serious legal situa- all’’ will not find out those words were Legal Services Corporation helps tions? a lie. folks like Irene all across the country, How can it be, in a country as strong I am determined that the victims of from South Carolina to South Dakota, and rich as this one, that tens of thou- Hurricane Katrina living in the Hous- Illinois to Iowa. And when someone sands of Americans who need legal rep- ton Astrodome will have legal help displaced by Hurricane Katrina cannot resentation are turned away every year they need when applying for food

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9783 stamps and other forms of assistance The legislative clerk proceeded to handling one-third of the calls pouring available to them. call the roll. into the Red Cross national head- I am determined that the victims of Mr. SALAZAR. Mr. President, I ask quarters in Washington, DC, has done a Hurricane Katrina relocated to San unanimous consent that the order for tremendous job, and in the immediate Antonio will get legal help they need the quorum call be rescinded. aftermath of the storm more than 800 to deal with their insurance companies. The PRESIDING OFFICER. Without Coloradans volunteered to receive I am determined that the victims of objection, it is so ordered. training and field phone calls and take Hurricane Katrina spread all across the AMENDMENT NO. 1652 donations for the Red Cross. My wife country will get the legal assistance Mr. SALAZAR. Mr. President, I rise Hope and my daughter Melinda and I they need to rebuild their homes—and in strong support of the amendment of- visited the Denver operation last week their lives. fered by Senator LINCOLN to ensure and helped man the phones. I could not With Federal, State and local part- that victims of this terrible hurricane have been more proud of our State and ners working together, we can ensure have access to the health care their sit- its people. I am sure the experience of equal access to the law for all Ameri- uation demands today. This is the least Colorado is an experience that has gone cans, including the thousands and we can do, and I urge Senators to sup- across all of our 50 States of our great thousands of victims of Hurricane port her amendment. Nation. Katrina. I was moved to hear the words of I remember Sunday, August 28, very Mr. SHELBY. I suggest the absence Senator LANDRIEU this morning. She well. The country held its collective of a quorum. has been a tireless warrior for her breath as we awaited landfall of Hurri- The PRESIDING OFFICER. The State throughout her career, and I cane Katrina. In my faith, we celebrate clerk will call the roll. commend her for her work and her ef- Feast Days of Saints, symbols of the The legislative clerk proceeded to forts over the last tragic days she has kinds of lives Catholics aspire to lead. call the roll. been through in Louisiana. To her and Sunday, August 28, was the Feast Day Ms. MIKULSKI. Mr. President, I ask to my other colleagues, to Senator of Saint Augustine, an intellectual unanimous consent that the order for LOTT, Senator COCHRAN, Senator VIT- giant in our church who became so the quorum call be rescinded. TER, Senator SESSIONS, and Senator only after battling great personal chal- The PRESIDING OFFICER. Without SHELBY, I simply say we should do ev- lenges in his own personal life. Augus- objection, it is so ordered. erything in our power as a Senate to tine had an important piece of advice The Senator from Maryland is recog- help the victims of this terrible storm for all of us that is applicable today. nized. and to help rebuild their States, cities, He said: Ms. MIKULSKI. Mr. President, I con- and communities. Pray, as though everything depended on gratulate the Senator from Iowa for of- Let me say, too, that I am proud of God. Work as though everything depended on fering this amendment. I know he has Coloradans and their response to this you. been a passionate supporter of Legal disaster. In the 10 days since the dev- One look at the devastation in the Services and quite frankly so have I astating storm hit the shores off the gulf coast—the destruction wrought in over the years, having used it when I gulf coast, people of our State have Biloxi, MS, the obliteration of towns was a social worker in Baltimore and a stepped up to help the victims. all along the Mississippi coast, and the child abuse worker, I might add, when Experts from the national Centers for suffering in New Orleans and across many of these children had very little Disease Control and Prevention labora- Louisiana—and none of us could have protection, the kind of protection we tory in Fort Collins will be dispatched imagined that kind of devastation have now. to the region soon. Disease trackers could ever occur here in our homeland. Legal Services will perform services from Fort Collins likely will be sent to We cannot help but feel that the recon- at multiple levels. One is the tradi- the gulf coast to help contain the struction of this wonderful part of our tional services in all 50 States. No. 2, spread of the West Nile virus and the country will depend not only on our though, they will be very important spread of other mosquito-borne ill- human powers but also on the super- now to people with Katrina, particu- nesses in the aftermath of Hurricane natural powers that will guide us. larly those who are unfamiliar with pa- Katrina. The U.S. Northern Command But seeing the suffering on the faces perwork and bureaucracy and applying at Peterson Air Force Base, which is of our fellow countrymen, women, and and all of those things and will need charged with defending against mili- children, you cannot feel anything but someone to help them navigate. tary attacks within our borders, is now to be ready to work as if the end of One might ask, why would they need charged with mobilizing military re- their suffering depends on our work. In a lawyer? Legal Services offers more sources for the Hurricane Katrina dis- point of fact, those suffering people de- than lawyers, and they will be there. I aster. The U.S. Joint Operations Cen- pend on us to end their suffering, and think the Senator’s amendment is ex- ter in Colorado Springs has nearly 1,000 we owe it to them to work as though cellent. I think what we need to be able people on 24-hour duty to facilitate everything depends on us. I submit to do is find both the will and the wal- Federal Emergency Management Agen- that a basic function of the Federal let to fully support Legal Services. cy requests. Government is to respond to a national When I think back on what Legal I am proud of the men and women in disaster such as Katrina which has dev- Services has meant, it often helped uniform who today are helping our astated 90,000 square miles of America. people get their lives together. I know country within our borders. We can and we must do everything in my own case as a social worker, it Nearly 800 Colorado National Guard we can. I submit we should take on our helped a welfare mother get a divorce men and women are deployed to that challenge in three critical ways. First, from an abusive husband. It helped her region today. Churches in Denver and we must provide immediate humani- be able to clear up all of her credit throughout the State of Colorado are tarian assistance. Second, the Presi- issues so that she could begin a new mobilizing to help with relief efforts, dent should lead a Marshall-like plan life. She got a GED so she could move whether that means collecting dona- to reconstruct the gulf coast region. off of welfare and establish herself. The tions, physically traveling to the dev- Third, we must learn the lessons from credit card mess was due to the abusive astated communities, or taking in dis- the Katrina disaster so we can prevent husband. So Legal Services, really, in placed refugees. The University of Col- these kinds of disasters from happening many instances helps families get their orado has started a streamlined admis- elsewhere in our great Nation. lives together. sions process for students temporarily Let me review each of those points. So we look forward to supporting displaced by Hurricane Katrina. Colo- First, by providing immediate humani- this amendment and working with him rado State University has taken simi- tarian aid and assistance to the vic- on other advocacy issues. lar steps. tims of this terrible disaster, we should I yield the floor, and I suggest the ab- The American Red Cross Mile High be doing what is our duty as a nation. sence of a quorum. Chapter, which houses the Nation’s Last week, Congress provide FEMA The PRESIDING OFFICER. The second largest disaster response phone $10.5 billion in emergency funding. clerk will call the roll. operation and which for a time was Today, we anticipate we will provide

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9784 CONGRESSIONAL RECORD — SENATE September 8, 2005 another $51.8 billion for this national this challenge. The task force should demonstrated how unprepared our first disaster. Passing these appropriations develop a plan for reconstruction, iden- responders are in dealing with these will help the victims of Hurricane tify the costs associated with that kinds of disasters. Given what we have Katrina, and it is the right thing to do. plan, and oversee its successful imple- seen in the last 10 days—where the I am proud we are taking these steps. mentation. Federal Government’s response has At the same time, the Federal Gov- In addition, I recommend getting our without question failed—we need to ernment can and should do more. That hands around the pain at the pump cre- hear directly from the police, fire- is why I commend Senators REID and ated by the record high gas prices, and fighters, and others how we can im- LANDRIEU for introducing the Katrina the impact they are having on our prove our response. Emergency Relief Plan earlier today. I country, including consumers, farmers, In closing, I am reminded of another am proud to cosponsor that legislation, ranchers, and businesses. A first step in saying by Saint Augustine. He asked: and I urge my colleagues to join us in that effort is for the Department of What does love look like? It has the hands immediately passing this much needed Justice to provide assistance, both to help others. It has the feet to hasten to relief for the victims. technical and financial, to State attor- the poor and the needy. It has eyes to see We can take that first step now by neys general to fight price gouging and misery and want. It has the ears to hear the passing Senator LINCOLN’s proposed contractor fraud, and freeze any re- sighs and sorrows of men. That is what love amendment. The people of our great quirements for small businesses and looks like. Nation have the right to expect and de- farmers affected by Katrina to service The victims of this terrible tragedy serve the best emergency and disaster Small Business Administration and love this country, but this country has response services in the world. It is the USDA loans or any other Federal Gov- let them down. It is now time for this responsibility of the Federal Govern- ernment-provided loans until the af- Senate, this Congress, and this Presi- ment to protect its citizens, and in the fected areas can be reconstructed. dent, who runs the executive branch, to aftermath of Hurricane Katrina much If we are to have a Marshall plan, we get to work to rectify that letdown. more needs to be done to live up to also will need to have a leader of the We are this great country’s hands, that responsibility. caliber of General George C. Marshall. and we can do more to help those vic- The Katrina Emergency Relief Plan That is why I repeat today my request tims. We are this great country’s feet, is the right first step. I also will con- to the President that he seek the res- and we can do more to carry assistance tinue to press for additional immediate ignation of Michael Brown, the FEMA to those victims. We are this great relief, including: first, an emergency Director, and replace him with a leader country’s eyes, and we must see what appropriation for CDC, for disease sur- who has the experience and expertise they are suffering through. We are this veillance and mitigation; second, im- to meet the challenges of the greatest great country’s ears, and we cannot mediate assistance to States for those natural disaster in our country’s his- turn a deaf ear to the pleas from the universities and school districts, such tory. gulf coast. as those in Colorado, that take on dis- Thirdly, we must expeditiously deter- We can do better, and I look forward placed students from Katrina-affected mine what happened in response to this to working with all of my colleagues to elementary, middle, high schools, and disaster and how we should reform ensure that we do. university settings; third, an expansion FEMA and our Federal agencies to en- Thank you, Mr. President. I yield the of the cap on the amount of charitable sure that this slow response does not floor. I suggest the absence of a donations that can be claimed for tax happen again. quorum. purposes when those donations are I have already joined my colleagues The PRESIDING OFFICER. The given for Hurricane Katrina responses; in calling for an independent commis- clerk will call the roll. fourth, a fix in the Tax Code to permit sion to investigate the Federal re- The legislative clerk proceeded to the expenses associated with the provi- sponse to Hurricane Katrina and how call the roll. sion of room and board to victims of we can be better prepared for future Mr. DAYTON. Mr. President, I ask Hurricane Katrina to be tax deductible; cataclysmic events. This effort can be unanimous consent that the order for and, finally, exempting the victims of helpful, and, as was the case in the the quorum call be rescinded. Hurricane Katrina from the means test wake of the terrible 9/11 terrorist at- The PRESIDING OFFICER. Without under the new bankruptcy law due to tacks, we can, in fact, do something to objection, it is so ordered. take effect on October 17 of this year. learn the lessons we must learn. AMENDMENT NO. 1654 Second, we must respond to this dis- But what we do not need is a partisan Mr. DAYTON. Mr. President, I ask aster by creating a Marshall plan for investigation that produces predeter- unanimous consent to set aside the reconstruction of the gulf coast. From mined results. Remember the history pending amendments and call up jazz to William Faulkner, these af- of the 9/11 Commission, the most bipar- amendment numbered 1654. fected States have given much to our tisan and successful commission in a The PRESIDING OFFICER. Without country and to our history. As such, I long time. It was only against the objection, it is so ordered. cannot imagine that anyone would not backdrop of opposition from the White The clerk will report. consider investing the resources nec- House and after months of calls from The legislative clerk read as follows: essary to rebuild this vital part of our the families of the victims of 9/11 that The Senator from Minnesota [Mr. DAYTON], great country. We owe it to our fellow the commission was created, and, once for himself, and Mr. CHAMBLISS, Mr. OBAMA, countrymen and people on the gulf created, that commission did its job. Mr. KERRY, and Mr. HARKIN, proposes an coast. I hope we can avoid the partisan amendment numbered 1654. This will require a recovery and re- wrangling this time around and get a Mr. DAYTON. I ask unanimous con- construction effort on the scale of the commission that gets right to work on sent the reading of the amendment be Marshall plan that rebuilt Europe after this very important effort. dispensed with. World War II. Not unlike post-World I will also propose legislation to im- The amendment (No. 1654) is as fol- War II Europe, the Gulf States are now prove training for evacuation and relo- lows: facing unprecedented damages which cation in reaction to natural or man- (Purpose: To increase funding for Justice require immediate action. Entire towns made disasters. We often cannot pre- Assistance Grants) in Mississippi were destroyed and it dict when natural disasters will strike, On page 133, line 24, strike ‘‘$1,078,350,000’’ will take months to make New Orleans but we must begin preparation for fu- and insert ‘‘$1,353,350,000 of which in addition and other communities in Louisiana ture incidents without further delay. to amounts provided by the following table habitable again. I hope, too, that the conferees on the $275,000,000 shall be available for Justice As- Such a plan should include the cre- Homeland Security will keep in that sistance Grants to be offset by reducing ap- ation of a small and effective Cabinet conference report my amendment to propriations in this title by a total of $275,000,000 to come from activities as fol- member-chaired task force—that the require a national survey of first re- lows: $43,000,000 from travel and transpor- President would appoint—with State sponders. I recently conducted such a tation of persons; $3,000,000 from transpor- and local participation, and that task survey of Colorado’s first responders tation of things; $27,000,000 from communica- force would have a singular focus on and was appalled at the result which tions, utilities, and miscellaneous charges;

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9785 $6,000,000 from printing and reproduction; enforcement officials in their States, MINNESOTA SHERIFFS ASSOCIATION, and $196,000,000 from other services’’. as it does in mine. The funding is des- September 7, 2005. Mr. DAYTON. I thank the distin- perately needed, and it will be well DEAR SENATOR MARK DAYTON: The Sheriffs of Minnesota are asking for your support and guished ranking member for assistance used and go to our communities, to our leadership in restoring funding for the Jus- in putting this together. I thank my counties, to our States in ways that tice Assistance Grant (JAG) program, in- distinguished cosponsor of this amend- will be directly involved in reducing ju- cluding the Byrne Grant Program and ment, Senator CHAMBLISS of Georgia, venile crime as well as other forms of LLEBG. It is my understanding you are con- for his leadership and involvement in crime. sidering an amendment that would add $275M the Byrne Grants, along with Senator EXHIBIT 1 to JAG which would increase funding to 2003 LIEBERMAN whose long-time involve- level of funding. THE NATIONAL ASSOCIATION Under the Administration’s current pro- ment in the grants has been recognized OF POLICE OFFICERS, posal funding for several of these crime nationally. September 8, 2005. fighting programs are significantly de- It is my understanding the amend- Re Dayton Amendment re JAG funding. creased or eliminated altogether. The Min- ment is further cosponsored by Senator Office of SENATOR DAYTON, nesota Sheriffs Association is requesting OBAMA, Senator KERRY, and Senator Washington, DC. your support in restoring funding for the NAPO supports Senator Dayton’s amend- HARKIN, and I ask unanimous consent Byrne Memorial Justice Assistance Grant ment to increase JAG funding by $275 mil- Senators HAGEL, CLINTON, CANTWELL, and COPS programs. In Minnesota the Byrne lion. The Justice Assistance Grants have Grant program is critical to the success of and SALAZAR be added as original co- provided beneficial support for local law en- our Gang and Drug Task Force operations. sponsors of the amendment. forcement, fostered community initiatives During our Minnesota 2005 Legislative ses- The PRESIDING OFFICER. Without against crime and facilitated improvements sion, our legislature appropriated local funds objection, it is so ordered. to State criminal justice systems. We thank to match the Byrne Grant funds. The coordi- Mr. DAYTON. Mr. President, this the Senator for his continued work to ensure nation of these funds will give our law en- amendment increases the funding for that local law enforcement is afforded the forcement officers the resources and nec- the Juvenile Assistance Grants by $275 ability to receive the effective and user- essary support as they battle both increased friendly funds it Deeds the most. gang activity and massive increase in meth million, with particular focus on add- Please keep me posted on how the amend- addiction and use within our state. Example: ing that funding to what are called the ment fares today. in a recent sample survey at several of our Byrne Grants, which are local law en- Thank you. county jails it was revealed over 53% of our forcement grants vital in my State of prisoners are in jail due to meth/drug related INTERNATIONAL ASSOCIATION Minnesota for fighting the scourge of charges. Without the Byrne Grant funding, OF CHIEFS OF POLICE, meth that has ravaged communities, local crime fighting resources will have to be September 6, 2005. that has been so destructive to school- reduced. Hon. MARK DAYTON, Please do what you can to restore the children of all ages, I am sorry to say, Russell Senate Office Building, particularly teenagers and young Byrne Grant funding. This is a very impor- U.S. Senate, Washington, DC. tant source of federal funding for our Sher- adults. DEAR SENATOR DAYTON: On behalf of the iffs and local units of government. Thank The illegal meth used in production International Association of Chiefs of Police you for your consideration. in Minnesota has increased in a sky- (IACP), I am writing to express our support for your amendment to restore funding to Sincerely, rocketing fashion. I understand that is JAMES D. FRANKLIN, true in many other States as well. the Justice Accountability Grant (JAG) program. As you know, the IACP is the world’s Executive Director. These Byrne Grants have been essen- oldest and largest association of law enforce- MINNESOTA POLICE AND tial to Minnesota and other law en- ment executives with more than 20,000 mem- forcement efforts to provide the funds bers in 100 countries. PEACE OFFICERS ASSOCIATION, necessary to combat the scourge. The The JAG program, which was formed by September 8, 2005. Hon. Senator MARK DAYTON, funds go to local law enforcement consolidating the Edward Byrne Memorial Grant program and the Local Law Enforce- Russell Senate Office Building, block grants. Washington, DC. The Byrne Formula Grants consoli- ment Block Grant program, is one of the primary federal assistance programs for state, DEAR SENATOR DAYTON: I write today to dated into the Justice Assistance tribal and local law enforcement agencies. thank you and commend your efforts to en- Grant have been reduced in the last For more than a decade, the resources pro- sure continued and critically needed funding couple of years. This restores badly vided under the JAG program have allowed for the Byrne Justice Assistance Program. I needed funding for those purposes. I law enforcement agencies to expand their ca- wish to express the strong support of police commend the chairman of the sub- pabilities and make great strides in reducing officers across the state and the 7,500 mem- the incidence of crime in communities across bers of the Minnesota Police and Peace Offi- committee and the ranking member for cers Association (MPPOA), for the Dayton- providing $625 million of funding that the nation. The JAG program provides crucial funding to assist states, tribes and local Chambliss amendment to the FY 2006 Com- is well above what the House of Rep- governments in controlling and preventing merce, Justice, Science Appropriations Bill resentatives has provided, $348 million. drug abuse, crime and violence, and in im- (H.R. 2862) to enhance funds provided for this This money is desperately needed and proving the functioning of the criminal jus- critically important program. will be well used. My amendment is tice system. In Minnesota and other states across the fully offset by various reductions in ad- However, this vital program has seen sig- country, the Byrne Justice Assistance Pro- nificant cuts in recent years. H.R. 2862 as gram is a significant source of support for ministrative expenses. I can detail education, treatment, and law enforcement those if Members desire, but it will be currently drafted in the Senate would provide $625 million, a cut of $275 million or 30 initiatives combating the scourge of meth- fully offset, and has been determined as percent, from FY 2003 levels. Cuts of this amphetamine. As you know, methamphet- such by the Congressional Budget Of- magnitude will certainly have a significant amine is a serious and still growing problem fice. and negative impact on the ability of state, in Minnesota, and it continues to spread I ask unanimous consent, at the con- tribal and local law enforcement agencies to throughout the nation. Exposure to clusion of my remarks, the following maintain the many critical anti-crime pro- methamphetamme and the waste and by- letters of endorsement from the na- grams that are currently supported by funds products from its production poses signifi- tional organizations be added: The Na- received under the JAG program. cant risks and has devastating con- It is vital that Congress act to ensure that sequences—for individuals, children, commu- tional Association of Police Officers, state, tribal and local law enforcement agen- nities, and emergency services personnel. In- the International Association of Chiefs cies continue to receive the resources nec- deed, nearly every day a tragic story is re- of Police, the Minnesota Sheriff’s Asso- essary to fulfill their mission of protecting ported in the Minnesota news media telling ciation, the Minnesota Police and the public and the communities they serve. of the devastating effect of methamphet- Peace Officers Association. For these reasons, the IACP urges all Mem- amine on our residents, our families, and our The PRESIDING OFFICER. Without bers of Congress to support your efforts to communities. objection, it is so ordered. restore funding to the JAG program to FY As President of Minnesota Police and (See exhibit 1). 2003 levels. Peace Officers Association (MPPOA), I have Thank you for your efforts on behalf of law witnessed first hand the benefits of the Mr. DAYTON. I ask my colleagues to enforcement. Byrne Program in protecting our commu- support this bipartisan effort. I believe Sincerely, nities and families from the growing problem they will find, as I have, this has al- GENE R. VOEGTLIN, of methamphetamine. In Minnesota, the most unanimous support of local law Legislative Counsel. Byrne Justice Assistance Program funds

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9786 CONGRESSIONAL RECORD — SENATE September 8, 2005 local drug education treatment, and law en- spond to natural disasters, to protect problem with fewer resources. Now, forcement programs, including 21 multi-ju- us from the normal everyday ravages this body is proposing to flatfund the risdictional drug task forces that are tasked of crime and drug use that do not abate Byrne Grant Program at $625 million. with combating the epidemic of meth- just because the Nation is at war—it is amphetamine trafficking and production in While this is much better than the our communities. Without the support of the shocking to me that Washington is alternative proposed by the President— Byrne Justice Assistance Program funding, contemplating major cuts to important who wanted to eliminate the program— these drug task forces face reductions that law enforcement assistance programs. and it is better than the House option, will decrease their abilities and effective- That is why I am proud to be joining which has voted to fund the Justice As- ness. Should this occur, Minnesota’s ability Senators DAYTON and CHAMBLISS in co- sistance Grant Program at $366.4 mil- to fight the war on drugs would undoubtedly sponsoring an amendment to the Com- lion—this is woefully short of the fund- be diminished, with potentially disastrous merce, Justice, Science appropriations ing provided this program only 3 years consequences. I have attached a recent arti- bill to increase funding for the Edward cle from the Fergus Falls (MN) Daily Herald ago. which illustrates the importance of the drug Byrne Memorial Justice Assistance The amendment I cosponsor today task forces and the potential consequences of Grant Program. would fund the Justice Assistance reductions in available resources. The Edward Byrne Memorial Justice Grant program at $900 million, the The concerns of Minnesota law enforce- Assistance Grant Program, provides an same amount provided the Byrne For- ment officers are not limited to the borders important source of funding for state mula Grants and the Local Law En- of the state—methamphetamine ‘‘cooks’’ and local law enforcement to make forcement Block Grants, which com- often obtain the necessary ingredients in communities safer and improve crimi- surrounding states and manufacture the prise the Justice Assistance Grant pro- nal justice. gram in fiscal year 2003. drug locally. In addition, the international In Illinois, these dollars are put to and interstate trafficking of methamphet- I hope my colleagues will join me and good use. They help fight the scourge amine is increasing as the drug task forces Senators DAYTON and CHAMBLISS in succeed in their efforts to identify, arrest, of methamphetamine, which has trav- supporting our Nation’s law enforce- and prosecute domestic clandestine meth- eled from the West Coast to the Mid- ment—and giving them the resources amphetamine laboratory operators. These west and is ruining rural communities they need to do their jobs. challenges exhibit the need for a strong fed- across the country. eral response to methamphetamine, an effort The meth problem has grown expo- I yield the floor and suggest the ab- that, in many areas, depends on the support nentially in the last few years. Police sence of a quorum. of the Byrne Justice Assistance Grant Pro- in Illinois encountered 971 meth labs in The PRESIDING OFFICER. The gram. 2003—more than double the number clerk will call the roll. Once again Senator Dayton, thank you for The legislative clerk proceeded to your continued support of Minnesota’s law seen in the year 2000. The quantity of enforcement community and your efforts to meth seized by the Illinois State Police call the roll. ensure adequate resources in the national increased nearly ten-fold between 1997 Mr. BOND. Mr. President, I ask unan- fight against methamphetamine. and 2003. imous consent that the order for the Sincerely, The meth problem is taking over quorum call be rescinded. BOB BUSHMAN, communities—depleting already lim- The PRESIDING OFFICER (Mr. President. ited resources, taxing the police, the ALEXANDER). Without objection, it is so Mr. DAYTON. I yield the floor and judicial system, social services, and ordered. suggest the absence of a quorum. the schools. Every aspect of the local Mr. BOND. Mr. President, I ask unan- The PRESIDING OFFICER. The communities are touched and harmed imous consent to be permitted to speak clerk will call the roll. by meth. for up to 10 minutes as in morning The legislative clerk proceeded to Luckily, one program has proven business. call the roll. helpful in Illinois’ battle against The PRESIDING OFFICER. Without Mr. OBAMA. Mr. President, I ask meth—the Byrne Justice Assistance objection, it is so ordered. unanimous consent that the order for Grant Program. USA PATRIOT ACT the quorum call be rescinded. In 2004 alone, Byrne Justice Assist- The PRESIDING OFFICER. Without ance Grant dollars helped make 1,267 Mr. BOND. Mr. President, we are all objection, it is so ordered. methamphetamine drug arrests in Illi- very busily working on appropriations Mr. OBAMA. Mr. President, I rise in nois. That same year, Byrne Justice bills, and we are working in commit- support of Senator DAYTON and Sen- Assistance Grant dollars helped seize tees as individuals and leaders on the ator CHAMBLISS’s amendment. In the 348,923 grams of methamphetamine. terrible tragedy of Hurricane Katrina, wake of the devastation of Hurricane For rural Illinois, Justice Assistance and our hearts and our thoughts and Katrina and the massive displacement Grant dollars have provided a much- prayers go out to all the victims. We of hundreds of thousands of people, the needed life raft, funding important know a tremendous amount of work country has once again relied on the multi-jurisdictional programs that needs to be done, and we are just begin- strong efforts of the Nation’s first re- have allowed various counties and com- ning to see how big it is and how dif- sponders to provide aid during a time munities to join together, combine re- ficult it is going to be. Certainly, the of national tragedy. sources and work to stop the onslaught distinguished manager of the bill Although the Federal response to of meth. knows in his own State how terrible this disaster may have been too slow, The Southern Illinois Enforcement this crisis is. there can be no doubt that the men and Group—a coalition of three Southern, But I believe it is important to issue women on the nation’s front lines have predominantly rural Illinois counties, a cautionary message that as we ap- valiantly come to the aid of their fel- is one of these task forces. The unit proach the anniversary of 9/11, we can- low citizens. has responded to 84 meth labs so far not lose sight of the fact that we are Police officers from New York City, this year, more than 40 percent of all still at war and under attack by those NY, to Alton, IL, have answered the meth labs in the greater Southern Illi- who want to end our way of life and de- call of duty and volunteered to go to nois 33-county region for 2005. stroy our civilization and terrorize our New Orleans to assist in rescue, recov- When I visited with law enforcement citizens. ery, and reconstruction efforts. These from the Metropolitan Enforcement I have been asking myself: Are we brave men and women are the Nation’s Group of Southwestern Illinois, an- safe from another terrorist attack on heroes, and this body should do all it other one of these task forces, this Au- the scale of 9/11? Is the Government can to provide them with the resources gust, they shared with me how impor- doing everything it can to protect us? they need to do their jobs. tant these dollars are to their efforts. What can we do better? We have heard Unfortunately, at a time when we are They fear that any cuts will mean a re- recently some very ominous warnings relying on the Nation’s first respond- duction in the number of officers, or from leaders of al-Qaida that they are ers—our law enforcement, our fire even worse, the loss of the task force, preparing another terrorist attack. Ob- fighters, our emergency technicians— either of which will mean that they viously, we have to maintain the ap- to protect us against terrorism, to re- will have to battle a growing meth propriate means of defense, and we

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9787 have done a good job of making it more One is not mentioning these apparently Ladenist guests, was only a reprisal. It took difficult for terrorists to strike com- discrepant crimes and nightmares as a ran- care of the last attack. But what about the mercial airlines, but we also know, dom or unsorted list. next one? For anyone with eyes to see, there Khomeini, for example, was attempting to was only one other state that combined the from having seen the attacks in Lon- compensate for the humiliation of the peace latent and the blatant definitions of both don in July, that terrorists are looking agreement he had been compelled to sign ‘‘rogue’’ and ‘‘failed.’’ This state—Saddam’s for soft targets. with Saddam Hussein. And Saddam Hussein ruined and tortured and collapsing Iraq—had It is not enough to protect what we needed to make up the loss, of prestige and also met all the conditions under which a know they have attacked in the past. income, that he had himself suffered in the country may be deemed to have sacrificed its We have to do a better job. I think very same war. Milosevic (anticipating own legal sovereignty. To recapitulate: It President Bush was right in saying the Putin, as it now seems to me, and perhaps had invaded its neighbors, committed geno- Beijing also) was riding a mutation of social- best way we can keep our country safe cide on its own soil, harbored and nurtured ist nationalism into national socialism. It international thugs and killers, and flouted is to carry the war on terror to those was to be noticed in all cases that the ag- every provision of the Non-Proliferation countries that harbor terrorists. gressors, whether they were killing Muslims, Treaty. The United Nations, in this crisis, I heard some discussion recently or exalting Islam, or just killing their neigh- faced with regular insult to its own resolu- about whether we should have gone bors, shared a deep and abiding hatred of the tions and its own character, had managed to into Iraq. Mr. President, I ask unani- United States. set up a system of sanctions-based mutual mous consent to have printed in the The balance sheet of the Iraq war, if it is corruption. In May 2003, had things gone on to be seriously drawn up, must also involve RECORD an article by Christopher as they had been going, Saddam Hussein a confrontation with at least this much of Hitchens in last week’s Weekly Stand- would have been due to fill Iraq’s slot as recent history. Was the Bush administration chair of the U.N. Conference on Disar- ard that lays out in detail, for anybody right to leave—actually to confirm—Saddam mament. Meanwhile, every species of gang- who is interested, why we had to go Hussein in power after his eviction from Ku- ster from the hero of the Achille Lauro hi- into Iraq, why it is the right war. I wait in 1991? Was James Baker correct to jacking to Abu Musab al Zarqawi was finding would incorporate that by reference be- say, in his delightfully folksy manner, that hospitality under Saddam’s crumbling roof. cause that article does a good job of the United States did not ‘‘have a dog in the One might have thought, therefore, that outlining my own beliefs. fight’’ that involved ethnic cleansing for the Bush and Blair’s decision to put an end at There being no objection, the mate- mad dream of a Greater Serbia? Was the last to this intolerable state of affairs would Clinton administration prudent in its retreat be hailed, not just as a belated vindication of rial was ordered to be printed in the from Somalia, or wise in its opposition to long-ignored U.N. resolutions but as some RECORD, as follows: the U.N. resolution that called for a preemp- corrective to the decade of shame and inac- [From the Weekly Standard, Sept. 5–12, 2005] tive strengthening of the U.N. forces in tion that had just passed in Bosnia and A WAR TO BE PROUD OF: THE CASE FOR OVER- Rwanda? Rwanda. But such is not the case. An appar- THROWING SADDAM WAS UNIMPEACHABLE. I know hardly anybody who comes out of ent consensus exists, among millions of peo- WHY, THEN, IS THE ADMINISTRATION this examination with complete credit. ple in Europe and America, that the whole TONGUE-TIED? There were neoconservatives who jeered at operation for the demilitarization of Iraq, Rushdie in 1989 and who couldn’t see the and the salvage of its traumatized society, (By Christopher Hitchens) point when Sarajevo faced obliteration in was at best a false pretense and at worst an Let me begin with a simple sentence that, 1992. There were leftist humanitarians and unprovoked aggression. How can this pos- even as I write it, appears less than Swiftian radicals who rallied to Rushdie and called for sibly be? in the modesty of its proposal: ‘‘Prison con- solidarity with Bosnia, but who—perhaps be- There is, first, the problem of humorless ditions at Abu Ghraib have improved mark- cause of a bad conscience about Palestine— and pseudo-legalistic literalism. In Saki’s edly and dramatically since the arrival of couldn’t face a confrontation with Saddam short story The Lumber Room, the naughty Coalition troops in Baghdad.’’ Hussein even when he annexed a neighbor but clever child Nicholas, who has actually I could undertake to defend that statement state that was a full member of the Arab placed a frog in his morning bread-and-milk, against any member of Human Rights Watch League and of the U.N. (I suppose I have to rejoices in his triumph over the adults who or Amnesty International, and I know in ad- admit that I was for a time a member of that don’t credit this excuse for not eating his vance that none of them could challenge it, second group.) But there were consistencies, healthful dish: let alone negate it. Before March 2003, Abu too. French statecraft, for example, was uni- ‘‘You said there couldn’t possibly be a frog Ghraib was an abattoir, a torture chamber, formly hostile to any resistance to any ag- in my bread-and-milk; there was a frog in and a concentration camp. Now, and not gression, and Paris even sent troops to res- my bread-and-milk,’’ he repeated, with the without reason, it is an international byword cue its filthy clientele in Rwanda. And some insistence of a skilled tactician who does not for Yankee imperialism and sadism. Yet the on the hard left and the brute right were also intend to shift from favorable ground. improvement is still, unarguably, the dif- opposed to any exercise, for any reason, of Childishness is one thing—those of us who ference between night and day. How is it pos- American military force. grew up on this wonderful Edwardian author sible that the advocates of a post Saddam The only speech by any statesman that can were always happy to see the grown-ups and Iraq have been placed on the defensive in bear reprinting from that low, dishonest dec- governesses discomfited. But puerility in this manner? And where should one begin? ade came from Tony Blair when he spoke in adults is quite another thing, and consider- I once tried to calculate how long the post- Chicago in 1999. Welcoming the defeat and ably less charming. ‘‘You said there were Cold War liberal Utopia had actually lasted. overthrow of Milosevic after the Kosovo WMDs in Iraq and that Saddam had friends Whether you chose to date its inception from intervention, he warned against any self-sat- in al Qaeda. . . . Blah, blah, pants on fire.’’ I the fall of the Berlin Wall in November 1989, isfaction and drew attention to an inescap- have had many opportunities to tire of this or the death of Nicolae Ceausescu in late De- able confrontation that was coming with mantra. It takes ten seconds to intone the cember of the same year, or the release of Saddam Hussein. So far from being an Amer- said mantra. It would take me, on my most Nelson Mandela from prison, or the ref- ican ‘‘poodle,’’ as his taunting and ignorant eloquent C–SPAN day, at the very least five erendum defeat suffered by Augusto foes like to sneer, Blair had in fact leaned on minutes to say that Abdul Rahman Yasin, Pinochet (or indeed from the publication of Clinton over Kosovo and was insisting on the who mixed the chemicals for the World Francis Fukuyama’s book about the ‘‘end of importance of Iraq while George Bush was Trade Center attack in 1993, subsequently history’’ and the unarguable triumph of mar- still an isolationist governor of Texas. sought and found refuge in Baghdad; that Dr. ket liberal pluralism), it was an epoch that Notwithstanding this prescience and prin- Mahdi Obeidi, Saddam’s senior physicist, was in retrospect was over before it began. By ciple on his part, one still cannot read the able to lead American soldiers to nuclear the middle of 1990, Saddam Hussein had abol- journals of the 2000/2001 millennium without centrifuge parts and a blueprint for a com- ished Kuwait and Slobodan Milosevic was at- the feeling that one is revisiting a hopelessly plete centrifuge (the crown jewel of nuclear tempting to erase the identity and the exist- somnambulist relative in a neglected home. physics) buried on the orders of Qusay Hus- ence of Bosnia. It turned out that we had not I am one of those who believe, uncynically, sein; that Saddam’s agents were in Damas- by any means escaped the reach of atavistic, that Osama bin Laden did us all a service cus as late as February 2003, negotiating to aggressive, expansionist, and totalitarian (and holy war a great disservice) by his mad purchase missiles off the shelf from North ideology. Proving the same point in another decision to assault the American homeland Korea; or that Rolf Ekeus, the great Swedish way, and within approximately the same pe- four years ago. Had he not made this world- socialist who founded the inspection process riod, the theocratic dictator of Iran had pub- historical mistake, we would have been able in Iraq after 1991, has told me for the record licly claimed the right to offer money in his to add a Talibanized and nuclear-armed that he was offered a $2 million bribe in a own name for the suborning of the murder of Pakistan to our list of the threats we failed face-to face meeting with Tariq Aziz. And a novelist living in London, and the to recognize in time. (This threat still exists, these eye-catching examples would by no ge´nocidaire faction in Rwanda had decided but it is no longer so casually overlooked.) means exhaust my repertoire, or empty my that it could probably get away with putting The subsequent liberation of Pakistan’s quiver. Yes, it must be admitted that Bush its long-fantasized plan of mass murder into theocratic colony in Afghanistan, and the so- and Blair made a hash of a good case, largely operation. far decisive eviction and defeat of its bin because they preferred to scare people rather

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9788 CONGRESSIONAL RECORD — SENATE September 8, 2005 than enlighten them or reason with them. most likely have led to an implosion—as due, and the unmasking of a quasi-criminal Still, the only real strategy of deception has well as opportunistic invasions from Iran network within its elite. come from those who believe, or pretend, and Turkey and Saudi Arabia, on behalf of (5) The craven admission by President that Saddam Hussein was no problem. their respective interests or confessional cli- Chirac and Chancellor Schro¨ der, when con- I have a ready answer to those who accuse enteles. This would in turn have necessitated fronted with irrefutable evidence of cheating me of being an agent and tool of the Bush- a more costly and bloody intervention by and concealment, respecting solemn treaties, Cheney administration (which is the nicest some kind of coalition, much too late and on on the part of Iran, that not even this will thing that my enemies can find to say). At- even worse terms and conditions. This is the alter their commitment to neutralism. (One tempting a little levity, I respond that I lesson of Bosnia and Rwanda yesterday, and had already suspected as much in the Iraqi could stay at home if the authorities could of Darfur today. When I have made this point case. ) bother to make their own case, but that I in public, I have never had anyone offer an (6) The ability to certify Iraq as actually meanwhile am a prisoner of what I actually answer to it. A broken Iraq was in our future disarmed, rather than accept the word of a do know about the permanent hell, and the no matter what, and was a responsibility psychopathic autocrat. permanent threat, of the Saddam regime. (somewhat conditioned by our past blunders) (7) The immense gains made by the largest However, having debated almost all of the that no decent person could shirk. The only stateless minority in the region—the spokespeople for the antiwar faction, both unthinkable policy was one of abstention. Kurds—and the spread of this example to the sane and the deranged, I was recently Two pieces of good fortune still attend other states. asked a question that I was temporarily un- those of us who go out on the road for this (8) The related encouragement of demo- able to answer. ‘‘If what you claim is true,’’ urgent and worthy cause. The first is contin- cratic and civil society movements in Egypt, the honest citizen at this meeting politely gent: There are an astounding number of Syria, and most notably Lebanon, which has asked me, ‘‘how come the White House plain frauds and charlatans (to phrase it at regained a version of its autonomy. hasn’t told us?’’ is highest) in charge of the propaganda of the (9) The violent and ignominious death of I do in fact know the answer to this ques- other side. Just to tell off the names is to thousands of bin Ladenist infiltrators into tion. So deep and bitter is the split within frighten children more than Saki ever could: Iraq and Afghanistan, and the real prospect official Washington, most especially between Michael Moore, George Galloway, Jacques of greatly enlarging this number. the Defense Department and the CIA, that Chirac, Tim Robbins, Richard Clarke, Joseph (10) The training and hardening of many any claim made by the former has been un- Wilson . . . a roster of gargoyles that would thousands of American servicemen and dermined by leaks from the latter. (The lat- send Ripley himself into early retirement. women in a battle against the forces of nihi- ter being those who maintained, with a com- Some of these characters are flippant, and lism and absolutism, which training and bination of dogmatism and cowardice not make heavy jokes about Halliburton, and hardening will surely be of great use in fu- seen since Lincoln had to fire General some disdain to conceal their sympathy for ture combat. McClellan, that Saddam Hussein was both a the opposite side. So that’s easy enough. It would be admirable if the president ‘‘secular’’ actor and—this is the really rich The second bit of luck is a certain fiber could manage to make such a presentation. bit—a rational and calculating one.) displayed by a huge number of anonymous It would also be welcome if he and his depu- There’s no cure for that illusion, but the Americans. Faced with a constant drizzle of ties adopted a clear attitude toward the war resulting bureaucratic chaos and unease has bad news and purposely demoralizing com- within the war: in other words, stated plain- cornered the president into his current fall- mentary, millions of people stick out their ly, that the secular and pluralist forces with- back upon platitude and hollowness. It has jaws and hang tight. I am no fan of populism, in Afghan and Iraqi society, while they are also induced him to give hostages to fortune. but I surmise that these citizens are clear on not our clients, can in no circumstance be al- The claim that if we fight fundamentalism the main point: It is out of the question— lowed to wonder which outcome we favor. ‘‘over there’’ we won’t have to confront it plainly and absolutely out of the question— The great point about Blair’s 1999 speech ‘‘over here’’ is not just a standing invitation that we should surrender the keystone state was that it asserted the obvious. Coexistence for disproof by the next suicide-maniac in of the Middle East to a rotten, murderous al- with aggressive regimes or expansionist, the- London or Chicago, but a coded appeal to liance between Baathists and bin Ladenists. ocratic, and totalitarian ideologies is not in provincial and isolationist opinion in the When they hear the fatuous insinuation that fact possible. One should welcome this con- United States. Surely the elementary lesson this alliance has only been created by the re- clusion for the additional reason that such of the grim anniversary that will shortly be sistance to it, voters know in their intes- coexistence is not desirable, either. If the upon us is that American civilians are as tines that those who say so are soft on crime great effort to remake Iraq as a demili- near to the front line as American soldiers. and soft on fascism. The more temperate tarized federal and secular democracy should It is exactly this point that makes non- anti-warriors, such as Mark Danner and Har- fail or be defeated, I shall lose sleep for the sense of the sob-sister tripe pumped out by old Meyerson, like to employ the term ‘‘a rest of my life in reproaching myself for the Cindy Sheehan circus and its surrogates. war of choice.’’ One should have no problem doing too little. But at least I shall have the But in reply, why bother to call a struggle in accepting this concept. As they cannot comfort of not having offered, so far as I can ‘‘global’’ if you then try to localize it? Just and do not deny, there was going to be an- recall, any word or deed that contributed to say plainly that we shall fight them every- other round with Saddam Hussein no matter a defeat. where they show themselves, and fight them what. To whom, then, should the ‘‘choice’’ of Mr. BOND. But more important, we on principle as well as in practice, and get time and place have fallen? The clear impli- cannot just play defense against the ready to warn people that Nigeria is very cation of the antichoice faction—if I may so probably the next target of the jihadists. The terrorists. We have to collect more and dub them—is that this decision should have better information. We have to get in- peaceniks love to ask: When and where will been left up to Saddam Hussein. As so often it all end? The answer is easy: It will end before. formation on the location and activi- with the surrender or defeat of one of the Does the President deserve the benefit of ties of the next attack that is being contending parties. Should I add that I am the reserve of fortitude that I just men- planned. Unless we do a good job of certain which party that ought to be? Defeat tioned? Only just, if at all. We need not that, we cannot have a good chance of is just about imaginable, though the mathe- argue about the failures and the mistakes stopping the next major terrorist at- matics and the algebra tell heavily against and even the crimes, because these in some tack on the United States. the holy warriors. Surrender to such a foe, ways argue themselves. But a positive ac- after only four years of combat, is not even I believe one part of that vital solu- counting could be offered without tion is found in a robust USA PA- worthy of consideration. braggartry, and would include: Antaeus was able to draw strength from (1) The overthrow of Talibanism and TRIOT Act that would continue to pro- the earth every time an antagonist wrestled Baathism, and the exposure of many highly vide national security investigators him to the ground. A reverse mythology has suggestive links between the two elements of with the tools needed to continue to been permitted to take hold in the present this Hitler-Stalin pact. Abu Musab al keep our country safe. case, where bad news is deemed to be bad Zarqawi, who moved from Afghanistan to The PATRIOT Act has been the sub- news only for regime-change. Anyone with Iraq before the coalition intervention, has ject of national controversy and has the smallest knowledge of Iraq knows that even gone to the trouble of naming his orga- undergone many unsubstantiated at- its society and infrastructure and institu- nization al Qaeda in Mesopotamia. tions have been appallingly maimed and (2) The subsequent capitulation of tacks by its opponents. But the fact is beggared by three decades of war and fascism Qaddafi’s Libya in point of weapons of mass that the PATRIOT Act saved lives, and (and the ‘‘divide-and-rule’’ tactics by which destruction—a capitulation that was offered its original content must be preserved. Saddam maintained his own tribal minority not to Kofi Annan or the E.U. but to Blair We need to continue to focus on mak- of the Sunni minority in power). In logic and and Bush. ing sure we have the intelligence and morality, one must therefore compare the (3) The consequent unmasking of the A.Q. the investigative resources necessary current state of the country with the likely Khan network for the illicit transfer of nu- to protect against further attacks. We or probable state of it had Saddam and his clear technology to Libya, Iran, and North sons been allowed to go on ruling. Korea. not only need to make permanent the At once, one sees that all the alternatives (4) The agreement by the United Nations provisions that are already in law, but would have been infinitely worse, and would that its own reform is necessary and over- we also must modify the current House

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9789 version to include expanded authorities As CIA Director James Woolsey once Red Cross volunteers in Louisville needed by national security investiga- said: It is as if we were fighting with are working around the clock to turn tors. the dragon for some 45 years, slew the the city’s fairgrounds into a temporary The men and women who are fighting dragon, and then found ourselves in a shelter. At home, over 300 families the war on terror every day here at jungle of poisonous snakes. The snakes turned out to shower donations on a home say that without the PATRIOT are a lot harder to keep track of than local Salvation Army center. One man Act, many of our Nation’s most impor- the dragon ever was. alone brought over 6,000 diapers. Others tant successes would not have been The PATRIOT Act is designed to be are bringing basic necessities such as possible. It addressed critical preventive. We know that the terror- soap, toothpaste, and towels. vulnerabilities in the pre-9/11 homeland ists want to bleed us. Unfortunately, This spirit of generosity for our fel- defense posture. For example, it al- we have seen the blasphemy of Osama low man is by no means limited to the lowed national security investigators, bin Laden taking the God of Abraham Commonwealth of Kentucky. Across pending a court’s approval, to obtain and claiming: America, we have all seen pictures or and use a multiple wiretap to track a Allah willing, and nothing is too great for heard stories over the last several days suspect’s phone communications, even Allah. of millions of total strangers reaching when a terrorist switches, changes, or This videotape was just released. And out to help their fellow citizens who abandons phones to avoid detection, a more recently his deputy, Ayman Al- have been displaced by the tragic common terrorist tactic. Zawahiri, released a message saying: events on the Gulf Coast. We see Girl Scouts filling old backpacks with Specifically, according to senior law The land and interests of the countries enforcement officials, during the sum- which took part in the aggression against clothes, blankets and, yes, a stuffed mer of 2002, the act allowed our Na- Palestine, Iraq, and Afghanistan are targets animal for children who have lost ev- tion’s law enforcement intelligence for us. If you continue your politics against erything. We hear of Boy Scouts col- communities to break up the Portland Muslims, you will see, God willing, such hor- lecting food and clothes, as well as Seven terrorist cell. Members of that ror that you will forget the horrors of Viet- raising funds for the Red Cross, the cell had traveled to Afghanistan in 2001 nam. Salvation Army, and other aid organi- and 2002 to join the Taliban and al- This is the same kind of challenge zations. Businesses small and large Qaida against the United States. and the same kind of threat we saw be- have opened their hearts, wallets, and In 2004, the act was used to protect fore 9/11. This, I am saying, requires us warehouses to provide cash as well as the El Paso Islamic Center. When to be even more attuned and prepared in-kind aid. Churches of all denomina- Jared Bjarnason sent an e-mail threat- for a potential terrorist attack. tions have taken up the cause of their ening to burn the center to the ground I also note that in the recent BRAC brother’s keeper. if hostages in Iraq were not freed, the proposals, we have gotten rid of many Thanks to the support of so many FBI used provisions of the PATRIOT of the Air National Guard’s air na- Americans, the thousands of people Act to identify him as the source of the tional defense missions. On 9/11, the Air from Louisiana, Mississippi, and Ala- threat. Without the provisions in that National Guard flew 90 percent of the bama affected by Katrina will have a act, it would have taken 30 days to ob- first 400 combat air patrols after the chance to build new lives. Of course, tain a string of needed search war- first 24 hours of the attack. We need to local, State, and Federal Government rants, while the threat of attack was rethink our dismemberment of those has the major role to play at this only 3 days away. critical assets. point. I am pleased we were able to act Why is it that we need to make per- Mr. President, I thank my colleagues quickly last week and pass a $10.5 bil- manent several of the acts’s provi- for their indulgence. We are still facing lion appropriation for emergency re- sions? Why do we need to modify pro- a danger that we cannot overlook as we sponse and recovery efforts. We are posed legislation to enhance further deal with the very real and certain going to pass later today, hopefully, the ability of our Nation’s law enforce- tragedies of Katrina. I hope we will be another $51.8 billion in assistance, and ment authorities? Some may argue: If able to continue our efforts to make more will be on the way if and when it ain’t broke, then don’t fix it. But I sure that our law enforcement and in- that is needed. am a show-me Missourian, and I can telligence agencies have the kind of re- Our thoughts and prayers are with our fellow Americans who have trag- tell you that making permanent these sources they need to root out, to ferret ically lost loved ones and with many provisions is very important. out, to discover and, we hope, to defend Terrorism is the operative challenge against future terrorist attacks. others who have lost their homes and we face. Over the last 4 years since 9/11, I thank the Chair and my colleagues, all of their worldly possessions. The we have seen terrorism and specifically the managers of the bill. I yield the Senate must focus on the immediate violent Sunni extremists waging war floor. task before us of providing support for the relief, recovery, and rebuilding of against us and our allies, led and in- The PRESIDING OFFICER. The Re- the Gulf Coast region. spired by Osama bin Laden and his publican whip. While we have much important work SENATE RESPONSE TO HURRICANE KATRINA lieutenant Ayman Al-Zawahiri. They to do in the days and weeks ahead, we Mr. MCCONNELL. Mr. President, in are not a static, monolithic, or predict- can take some comfort that, once able enemy. They do not have a coun- times of catastrophe, when destruc- again, in the midst of a tragedy, the try. They are not identifiable as a nation, suffering, and death are so over- worst of times seems to bring out the tion or a state. They are a combination whelming that it breaks your heart best in our people. So let us appreciate of stateless hierarchical and for- and almost leaves you numb, it is com- the people of Louisville, of Atlanta, malistic structures, equally lethal and forting to find that an outpouring of Houston, Baton Rouge, and all over the fragmented. Because of the traits in generosity, kindness, and help from our country who are reaching out to help the cultural and religious complexities, fellow man restores our faith and Katrina’s victims all across the Gulf they are not predictable, quantifiable, strengthens our souls. States. While one person alone may or vulnerable to penetration. We have With all the destruction wrought by make little difference in comparison to seen this in the Intelligence Com- Hurricane Katrina, we see more and the magnitude of this disaster, millions mittee, and we know that there is a more acts of extraordinary generosity of individual acts of compassion taking great danger out there that we must and kindness. In Louisville, Kentucky, place all over our country will go a continue to work to avoid. my hometown, we are preparing right long way to alleviate the suffering. These groups are highly organized now to receive over 500 evacuees who Mr. President, I yield the floor. and disciplined. They are inspired by have lost their homes due to Katrina. The PRESIDING OFFICER. The Sen- bin Laden and Ayman Al-Zawahiri. With all their worldly possessions ator from Delaware. They have been led, trained, and fund- gone, they are reliant on the kindness Mr. BIDEN. Mr. President, are we ed by graduates of al-Qaida training and generosity of their fellow Ameri- still in morning business? centers. Our enemy is determined to cans, and we are finding all across the The PRESIDING OFFICER. The Sen- win. It is committed to victory. We country that kindness and generosity ate is considering the appropriations cannot afford just to be hopeful. is certainly not lacking. bill for Commerce-Justice-Science.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9790 CONGRESSIONAL RECORD — SENATE September 8, 2005 AMENDMENT NO. 1661 tice-Science appropriations bill relat- local law enforcement officials. These Mr. BIDEN. Mr. President, I ask ing to law enforcement and COPS. The men and women, in my opinion, dem- unanimous consent that the pending bottom line is—and I will explain this onstrated the best the Government had amendments be laid aside so that I briefly—No. 1, I propose adding $1.019 to offer, as opposed to the sudden in- may send an amendment to the desk billion to assist local law enforcement, competence we have seen. The men and and ask for its consideration. support victims of domestic violence women in Biloxi, New Orleans, and The PRESIDING OFFICER. Without and sexual assault, and deal with some other police departments in the region objection, it is so ordered. aspects of the impact of the hurricane have been working 24 hours a day. Mr. BIDEN. Mr. President, I send an on local law enforcement. Many of them have lost their homes, amendment to the desk. No. 2, this amendment contains $1 and their families have been displaced. The PRESIDING OFFICER. The billion for the Office of Community They have been working with limited clerk will report. Oriented Policing Services, the so- food and water. The assistant legislative clerk read called COPS Program. It provides $700 Many of them do not even have the as follows: million for hiring local officers, and it facilities to take a shower and use a The Senator from Delaware [Mr. BIDEN] provides $300 million for interoperable restroom. Lieutenant Bennelli of the proposes an amendment numbered 1661. communications equipment for local New Orleans Police Department stated: Mr. BIDEN. Mr. President, I ask agencies. If you ever need any evidence I spent a year in Vietnam. The ordeal that unanimous consent that the reading of of the fact that we need that equip- these officials have gone through has been as the amendment be dispensed with. ment and need more of it, I think trying as the time I spent in Vietnam. The PRESIDING OFFICER. Without Katrina has demonstrated that, unfor- For everyone who argues that—and I objection, it is so ordered. tunately, fairly well. hear this a lot around here these days— The amendment is as follows: It also contains $10 million for the local law enforcement is a local prob- National Center for Missing and Ex- (Purpose: To provide emergency funding for lem, they should take a look at what is victims of Hurricane Katrina) ploited Children to help find and re- happening in the Gulf States. I know unite children displaced by Hurricane At the end of the bill, insert the following: many of my colleagues—and I respect Katrina, and it has $9 million to sup- my colleagues who have this view, but TITLE VII—EMERGENCY RELIEF FOR port victims of domestic violence and VICTIMS OF HURRICANE KATRINA they are into this devolution of Gov- sexual assault impacted by what hap- ernment stuff, the new paradigm they In addition to amounts otherwise provided pened during this crisis. for in this Act, the following amounts are like to talk about. They talk about the It sounds like a lot of money—and it appropriated for fiscal year 2006 and des- new paradigm in foreign policy. They ignated as an emergency requirement pursu- is a lot of money—but we have made a talk about a new paradigm in local law ant to section 402 of H. Con. Res. 95 (109th serious mistake relating to our domes- enforcement in terms of devolution of tic security, our homeland security, Congress): Government. Translated, that means (1) ENHANCING STATE AND LOCAL LAW EN- and our need to deal with the looming the only thing the Federal Government FORCEMENT.—$1,000,000,000 to the Community threats that flow from not only na- should do is those things which no Oriented Policing Services function in the tional disasters we are facing now—and State can do. Or put another way, if following amounts: I hope we don’t face another like this— the State can do any of what is re- (A) $700,000,000 added to the Hiring section. but the terrors spoken about by my (B) $300,000,000 to the Interoperable Com- quired to meet the needs of their citi- munications Technology section. friend from Missouri. In 2002, we were aiding local law en- zens, only the State should do it. (2) ASSISTING CHILDREN IMPACTED BY HURRI- From men and women on this floor forcement collectively by $2.4 billion a CANE KATRINA.—Under the Missing Children who are equally as adamant about year. Although there has been some Program, $10,000,000 to the National Center fighting crime as I have been in my for Missing and Exploited Children to find, correction made, this administration years, they are saying they support unite, and transport children impacted by proposed cutting that direct aid to Hurricane Katrina to their parents, legal local law enforcement down to $168 eliminating the COPS Program. Why? guardian, or next of kin. million. I find that mind-boggling. I They say it is not the business of the (3) ASSISTING VICTIMS OF SEXUAL ABUSE AND find that as misplaced and misunder- Federal Government. The Federal Gov- DOMESTIC VIOLENCE.—Under the Violence stood a representation as I do cutting ernment should not be involved in local Against Women Act function, $8,000,000 for money for levees and cutting money law enforcement. the Office of Violence Against Women to as- Well, I like to point out that 60 per- for the Corps of Engineers, as we have sist victims of domestic violence and sexual cent of all the crimes committed in done the last 4 years. This is an at- abuse in the areas impacted by Hurricane America relate to drugs, abuse of Katrina in the following amounts: tempt to not restore all but restore drugs, the sale of drugs, illicit drugs. Is (A) $2,000,000 for the Rape Abuse and Incest part of the assistance we provided for National Network (RAINN) to rebuild crises local law enforcement in the past. that a State responsibility or does not centers, provide emergency counseling serv- The devastation caused by Hurricane that stuff come across the border? Does ices in shelters, provide emergency coun- Katrina has revealed the best and the not that stuff come from the Andes? seling services in shelters, provide adequate worst about our great Nation. It has re- Does not that stuff come from Afghani- services in communities with evacuees, and vealed a great economic divide that ex- stan? Does not that stuff come from provide adequate short- and long-term sup- ists among our citizens, while it dem- abroad? We can have the best police deport for displaced persons across the coun- partment, the most significant—and I try. onstrated as well the capacity of the (B) $1,000,000 for nonprofit, nongovern- majority of our citizens to be compas- think we have the best law enforce- mental statewide coalitions serving sexual sionate and even heroic during times of ment agencies in the Nation in the assault victims within the State to be used great need. It also exposed the demons State of Delaware, and you cannot stop to assist victims of sexual assault affected of some who will use any opportunity the drugs coming down from Aramingo by Hurricane Katrina as determined by the to prey on the weak. Avenue in Philadelphia. They cross assessment of statewide coalitions. The hurricane also demonstrated the State lines. So I respectfully suggest to (C) $6,000,000 to be allocated, in consulta- best and the worst in our Government. the devolution-of-Government guys tion with the Department of Health and that Federal responsibility exists as it Human Services, to nonprofit, nongovern- It is clear by all accounts that the Fed- mental statewide domestic violence coali- eral response was insufficient, and we relates to local crime and local law en- tions serving domestic violence programs will be discussing that in the coming forcement. within the State to be used to assist victims days, weeks, and months to hopefully I would like to point out another of domestic violence affected by Hurricane address the concerns so that, God for- thing. God forbid we have an attack. Katrina as determined by the assessment of bid, faced with this or an attack, we Let us assume—and it was not, but let the statewide coalitions, and that the state- would not go through the same degree us assume some divers were planting wide coalitions can assess those needs. of incompetence that seems to have explosives to blow up the levees along Mr. BIDEN. Mr. President, I have a been spread across the governmental the Mississippi as opposed to Lake number of points to make today. The front. Pontchartrain, which by the way is a bottom line of what I am proposing is It also demonstrates clearly to me we lot higher. Who is going to find them? an amendment to the Commerce-Jus- have to do more to support State and Is it going to be some brave special

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9791 forces officer in night vision goggles tween the ages of 14 and 25, have in- upon to do much more in the coming watching this happen and they are creased and violent crime has gone months. going to capture them or is it going to down. This program has worked be- I think all of my colleagues have be my son who is now in the National cause the States have made it work. heard me say that I believe there is not Guard down in Gulfport, MS, patrolling We reduced crime, as I said, 8 years in a more important responsibility in the streets? Is he the one going to be a row. But we did more than reduce Government than the safety of its citi- doing that? No, it is going to be a local crime by this legislation we have cut zens. It comes before their health, be- cop. so drastically. We also demonstrated a fore their education, before everything. Who is going to find the guy or the commitment to local agencies. We in- There are no civil liberties, there are woman or the terrorist who is going to creased their capacity to respond to no opportunities if one is not able to be try to put sarin gas into the Houston any situations of the local commu- safe on the street. Without safety and Astrodome or a giant shopping mall? It nities. security, nothing else matters. Our is going to be some cop coming from In this year’s budget, we have allo- local law enforcement agencies are Dunkin’ Donuts riding behind the facil- cated only $2 million to hire police offi- there every day fighting crime and re- ity catching someone in a dumpster. cers. This amount will hire approxi- sponding to emergencies. Hurricane I do not know what we are thinking mately 25 officers throughout the Na- Katrina demonstrated quite starkly about here. Cutting local law enforce- tion, hardly a ringing endorsement of the way we rely on them. The Federal ment moneys? Forget Katrina, which our local agencies. Right now, the support for these officers has been on a only makes the point more starkly, but COPS office has pending applications steady decline, as I said at the outset, forget it for a moment. What are we to hire 8,000 local officers left unfilled the past few years. We need to reverse doing? We had a great President named due to lack of funds. The amendment I that trend. This amendment will help Reagan who said, if it ain’t broke, am offering today would provide $700 us get back on track. don’t fix it. million to immediately fill these needs I thank the Chair and I yield the Guess what. Nobody has argued the with special emphasis on filling the floor. COPS Program has not succeeded. No needs of those agencies in the dev- The PRESIDING OFFICER. The Sen- one has argued it has failed. A former astated regions. The New Orleans Po- ator from Maryland. Attorney General said, when it was lice Department in particular will need Mr. SARBANES. Could I ask what time to eliminate it, I think the word special assistance. If this funding is al- the parliamentary situation is? he used was miraculous, it has been a located to the COPS office, it should The PRESIDING OFFICER. The miraculous program. work with those agencies first. Commerce, Justice, Science appropria- Let us cut it? Let us eliminate it? We also know that network capabili- tions bill is pending. I would make the suggestion that law ties of agencies in the area have been Mr. SARBANES. I ask unanimous enforcement is not purely a local prob- destroyed. We need to help them get consent that the pending amendment lem. Look at what is happening in the those networks back on line so they be set aside so I may offer an amend- Gulf States right now. Law enforce- can continue to do their job. My ment. ment is a national concern and re- amendment would add $300 million to The PRESIDING OFFICER. Without quires a national response and a na- the current allocation of $37 million, objection, it is so ordered. tional commitment. Local commu- which is all that has been allocated. It AMENDMENT NO. 1662 nities need robust police departments. would add $300 million to help agencies Mr. SARBANES. Mr. President, I They need superior communication in the gulf coast get up and running send an amendment to the desk and technology and equipment. I know my again. The COPS office has had an ask for its immediate consideration. friends in the Commerce Committee overtime program to help local agen- The PRESIDING OFFICER. The know more about the spectrum fight, cies pay overtime. We all understand clerk will report. which I will not get into now, than the need to assist local agencies that The assistant legislative clerk read most do, but the idea that there is not have been working around the clock, as follows: sufficient spectrum available to our but based on conversations with the The Senator from Maryland [Mr. SAR- first responders because the broadcast Louisiana Association of Chiefs of Po- BANES] proposes an amendment numbered industry is unwilling to commit to the lice and the National Sheriffs Associa- 1662. deal they made is beyond me. tion, it is my understanding that the Mr. SARBANES. Mr. President, I ask Local communities are the ones that Federal Emergency Management Agen- unanimous consent that the reading of not only affect the overall security of cy will be reimbursing local agencies the amendment be dispensed with. the country but the day-to-day lives of for those costs. Because of this under- The PRESIDING OFFICER. Without their citizens by reducing crime. This standing, we have not included addi- objection, it is so ordered. also helps local governments be better tional assistance for overtime in this The amendment is as follows: at responding in periods of crisis. What amendment. (Purpose: To assist the victims of Hurricane could be more important to the na- Finally, we include $19 million for Katrina with finding new housing, and for tional priority than the safety of our children who have been displaced and other purposes) citizens? to support the domestic violence shel- On page 190, after line 14, insert the fol- We simply have not been doing right ters that have been destroyed. The Na- lowing: by our States and local government tional Center for Missing and Exploited SECTION 522. HURRICANE KATRINA EMERGENCY partners over the past few years. Children has reported that over 1,000 ASSISTANCE VOUCHERS. Throughout the 1990s we allocated bil- children have been displaced by this (a) SHORT TITLE.—This section may be lions of dollars to hire local law en- storm—that means they are not with cited as the ‘‘Helping to House the Victims forcement, provided them with the their parents or guardians—and in this of Hurricane Katrina Act of 2005’’. (b) HURRICANE KATRINA EMERGENCY ASSIST- technology they needed. We all know amendment we provide $10 million for ANCE VOUCHERS.—Section 8(o) of the United the story. Reduce crime each year for 8 that effort. States Housing Act of 1937 (42 U.S.C. 1437f(o)) consecutive years and we are still reap- We also provide $9 million to support is amended by adding at the end the fol- ing the benefits of those successes as domestic violence victims impacted by lowing: crime rates still go down. the storms. We all heard of the reports ‘‘(20) HURRICANE KATRINA EMERGENCY AS- I would like to point out one other of sexual assaults in the aftermath of SISTANCE VOUCHERS.— simple fact. Having chaired the Judici- Hurricane Katrina, and we will support ‘‘(A) IN GENERAL.—During the 6-month pe- ary Committee or been its ranking those victims who have not been moved riod beginning on the date of enactment of member for I think 17 years and being to new shelters. the Helping to House the Victims of Hurri- on that committee for 30 years, to the In addition, this funding will support cane Katrina Act of 2005, the Secretary shall provide temporary rental assistance to any best of my knowledge, there is no other the shelters in Louisiana, Mississippi, individual or family, if— time in American history when the and Alabama that have been impacted ‘‘(i) the individual or family resides, or re- cadre of those in their crime-commit- and will help support shelters in ad- sided on August 29, 2005, in any area that is ting years, meaning young people be- joining States that have been called subject to a declaration by the President of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9792 CONGRESSIONAL RECORD — SENATE September 8, 2005

a major disaster or emergency under the ‘‘(H) NONDISCRIMINATION.—In selecting in- ‘‘(B) perform the functions assigned to a Robert T. Stafford Disaster Relief and Emer- dividuals or families for tenancy, a landlord public housing agency by this subsection.’’. gency Assistance Act (42 U.S.C. 5121 et seq.) or owner may not exclude or penalize an in- (c) REPORT ON INVENTORY OF AVAILABILITY in connection with Hurricane Katrina; and dividual or family solely because any portion OF TEMPORARY HOUSING.—Not later than 10 ‘‘(ii) the residence of the individual or fam- of the rental payment of that individual or days after the date of enactment of this Act, ily became uninhabitable or inaccessible as family is provided under this paragraph. the Secretary of Defense, the Administrator result of that major disaster or emergency. ‘‘(I) TERMINATION OF ASSISTANCE.—Assist- of the General Services Administration, the ‘‘(B) REGULATIONS.—Not later than 30 days ance provided under this paragraph shall— Secretary of Agriculture, and such other after the date of enactment of the Helping to ‘‘(i) terminate 6 months after the date on agency heads as the Secretary determines House the Victims of Hurricane Katrina Act which such assistance was received; and appropriate, shall compile and report to the of 2005, the Secretary shall issue final rules ‘‘(ii) extend for an additional 6 months un- Secretary an inventory of Federal civilian and defense facilities that can be used— to establish the procedures applicable to the less at that time the Secretary makes a de- (1) to provide emergency housing; or issuance of assistance under subparagraph termination that assistance under this para- (2) as locations for the construction or de- (A). graph is no longer needed. ployment of temporary housing units. ‘‘(C) NOTICE.—The Secretary, in consulta- ‘‘(21) ASSISTANCE FOR CURRENT VOUCHER RE- tion with the Director of the Federal Emer- (d) APPROPRIATION OF FUNDING.— CIPIENTS AFFECTED BY HURRICANE KATRINA.— gency Management Agency and such other (1) IN GENERAL.—There are authorized to be ‘‘(A) IN GENERAL.—The Secretary shall appropriated and are appropriated agencies as the Secretary determines appro- waive any of the requirements described in priate, shall establish procedures for pro- $3,500,000,000 to provide assistance under this clauses (i) through (vi) of paragraph (20)(E) viding notice of the availability of assistance Act. for any individual or family receiving assist- under this paragraph to individuals or fami- (2) EMERGENCY DESIGNATION.—The amount ance under this section on August 29, 2005, lies that may be eligible for such assistance. appropriated under paragraph (1) is des- if— ‘‘(D) AUTHORITY TO CONTRACT WITH PHA’S ignated as an emergency requirement pursu- ‘‘(i) the individual or family resides, or re- AND OTHERS.—The Secretary may contract ant to section 402 of H. Con. Res. 95 (109th sided on August 29, 2005, in any area that is with any State or local government agency Congress). subject to a declaration by the President of or public housing agency, or in consultation a major disaster or emergency under the Mr. SARBANES. Mr. President, I am with any State or local government agency, pleased to join the leadership of Sen- with any other entity, to ensure that assist- Robert T. Stafford Disaster Relief and Emer- gency Assistance Act (42 U.S.C. 5121 et seq.) ator REID and Senator LANDRIEU who ance payments under this paragraph are pro- have announced a package of proposals vided in an efficient and expeditious manner. in connection with Hurricane Katrina; and ‘‘(ii) the residence of the individual or fam- ‘‘(E) WAIVER OF ELIGIBILITY REQUIRE- to be of assistance to the Hurricane MENTS.—In providing assistance under this ily became uninhabitable or inaccessible as Katrina victims so that the millions of paragraph, the Secretary shall waive the re- result of that major disaster or emergency. people affected by the devastation quirements under— ‘‘(B) ADDITIONAL USES OF FUNDS.—Notwith- along the gulf coast can begin to re- ‘‘(i) paragraph (2), relating to tenant con- standing any other provision of law, the Sec- build their lives. tributions towards rent, except that any retary shall provide, as the Secretary deter- The amendment which I have sent to such waiver shall expire on an individual’s mines appropriate, supplemental assistance the desk is only part of that broader return to work; to an individual or family receiving assistance under this section on August 29, 2005, proposal and deals with the housing ‘‘(ii) paragraph (4), relating to the eligi- situation which now confronts the vic- bility of individuals to receive assistance; and meeting the requirements described in ‘‘(iii) subsection (k) and paragraph (5) of subparagraph (A), to assist the individual or tims of this tragic storm. Before going this subsection, relating to verification of family with the additional costs of relo- into the details of the proposal, I want income; cating to new housing, including to cover— to extend my deepest sympathies to ‘‘(iv) paragraph (7)(A), relating to the re- ‘‘(i) the additional cost of rent and utili- those in Louisiana, Alabama, and Mis- quirement that leases shall be for a term of ties; sissippi who have lost loved ones or 1 year; ‘‘(ii) security and utility deposits; who are still searching for family ‘‘(v) paragraph (8), relating to initial in- ‘‘(iii) relocation expenses, including ex- members, neighbors, and friends. They spection of housing units by a public housing penses incurred in relocating back to the need to know that the thoughts and major disaster area when such relocation is agency; and prayers of the country are with them ‘‘(vi) subsection (r)(1)(B), relating to re- permitted; and strictions on portability. ‘‘(iv) such additional expenses as the Sec- during these very difficult and trying ‘‘(F) USE OF FUNDS.—Notwithstanding any retary determines necessary. times. We know that hundreds and other provision of law, funds available for as- ‘‘(C) PAYMENT STANDARD.—For purposes of hundreds of thousands of Americans sistance under this paragraph— this paragraph, the payment standard for have lost their houses, their jobs, their ‘‘(i) shall be made available by the Sec- each size of dwelling unit in a market area belongings, indeed, their communities. retary to individuals to cover the cost of— may not exceed 150 percent, or higher if the An effort is now underway in the ‘‘(I) rent; Secretary approves of such increase, of the Congress to come to their assistance. ‘‘(II) security and utility deposits; fair market rental established under sub- We know the road to recovery will not ‘‘(III) relocation expenses, including ex- section (c) for the same size dwelling unit in be easy and it will not be short, but we penses incurred in relocating back to the the same market area, and shall be not less major disaster area when such relocation is than 90 percent of that fair market rental. need to undertake these efforts imme- permitted; and ‘‘(D) NONDISCRIMINATION.—A landlord or diately. ‘‘(IV) such additional expenses as the Sec- owner may not exclude or penalize an indi- It was earlier estimated this week by retary determines necessary; and vidual or family solely because that indi- FEMA officials and told to the Presi- ‘‘(ii) shall be used by the Secretary— vidual or family is eligible for any waivers or dent that 500,000 to a million people ‘‘(I) for payments to public housing agen- benefits provided under this paragraph. were rendered homeless by Hurricane cies, State or local government agencies, or ‘‘(E) TERMINATION OF AUTHORITY.—The au- Katrina and the deadly floods that fol- other voucher administrators for vouchers thority of the Secretary to provide assist- lowed the hurricane. In fact, yester- used to assist individuals or families affected ance under this paragraph shall— day’s New York Times reported that as by the major disaster or emergency de- ‘‘(i) apply during the 6-month period begin- many as a million people are without scribed in this paragraph up to their author- ning on the date of enactment of the Helping housing. While the first job was to ized level of vouchers, if any such vouchers to House the Victims of Hurricane Katrina are not otherwise funded; and Act of 2005; and evacuate people, to get them food and ‘‘(II) to provide operating subsidies to pub- ‘‘(ii) extend for an additional 6 months water and to address their medical lic housing agencies for public housing units after that period, unless if at that time the needs, in other words, to in effect save provided to individuals or families affected Secretary makes a determination that as- the lives of those who have been so by the major disaster or emergency de- sistance under this paragraph is no longer heavily impacted, I think it is fair to scribed in this paragraph, if such a subsidy needed. say that the next job confronting us was not previously provided for those units. ‘‘(22) AUTHORITY OF THE SECRETARY TO DI- would be to find adequate housing for ‘‘(G) PAYMENT STANDARD.—For purposes of RECTLY ADMINISTER VOUCHERS WHEN PHA’S the survivors of Katrina. this paragraph, the payment standard for ARE UNABLE TO DO SO.—If the Secretary de- The Americans displaced by the hur- each size of dwelling unit in a market area termines that a public housing agency is un- ricane are scattered throughout the may not exceed 150 percent, or higher if the able to implement the provisions of this sub- Secretary approves of such increase, of the section due to the effects of Hurricane country now. I want to underscore the fair market rental established under sub- Katrina, the Secretary may— comments made by some of my col- section (c) for the same size dwelling unit in ‘‘(A) directly administer any voucher pro- leagues earlier about the opening up of the same market area, and shall be not less gram described in paragraphs (1) through the arms of Americans across the coun- than 90 percent of that fair market rental. (20); and try to take people in in this time of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9793 emergency and the great need. Fami- The emergency program would be ad- These people are now there. All kinds lies coming out of the gulf coast are in ministered by HUD, which could oper- of makeshift housing is being found for effect living wherever they can find a ate the vouchers directly or provide them. But that, even on a temporary roof over their heads, with relatives, the vouchers to local housing agencies, basis, does not represent an appro- with friends, with caring strangers who State and local governments or other priate response. So we want to move have volunteered to take them in, in entities, so long as the vouchers get them a little further down the path to- shelters—for example, Houston opened out quickly to those in need. ward having a more normal living situ- up the Astrodome—on cruise ships or We have a complicated problem here ation. We ease up a little bit about the in tents. It is fair to say if one stops because the public housing authorities, amount of rent they can pay. We allow and thinks about this for a moment it of course, are locally based. The ones it to go a bit above the median instead is, at best, a temporary housing situa- in areas where the people have been of having to be below the median be- tion. displaced are, in effect, out of business. cause we know finding rental units will The hundreds of thousands of dis- There is no housing there by definition, be a difficult job. placed families need to have access to since people have had to evacuate and As I said, this gives authorities to stable housing so they can send their leave. These people have now been HUD they do not now have to directly kids to school, start pulling their lives moved to different parts of the coun- administer the program so they can back together again, which is, of try. We need to be able to get these reach out to these former residents of course, a pressing challenge, seek em- vouchers to them and get them to the gulf coast who are now scattered ployment and chart out a future for them quickly. out across the country. They can work themselves. We know people want to return to with the housing agencies, State and This amendment, recognizing the their neighborhoods, but it will prob- local governments, and other entities. overwhelming need for stable housing, ably be months before that is at all As I noted, it has a limited time provi- proposes an emergency housing vouch- possible. Ordinarily, FEMA provides sion. So it would enable us to, in effect, er program of $3.5 billion, which would trailers and other housing after a dis- provide all of these people who have provide temporary rental assistance to aster. That is how ordinarily it works. more than 350,000 displaced families. It had to leave their homes an oppor- But the magnitude and scope of this eliminates—I should say more accu- tunity to put some stability into their disaster is unprecedented. FEMA has rately suspends for a limited period of lives. So they could then go on and never had to deal with something of time—many of the requirements and deal with the other problems that are this magnitude, and it was the judg- the restrictions that ordinarily apply confronting them—the problems of get- ment, in putting this amendment to- to the housing voucher program. For ting their kids back in school, the gether, that HUD had an expertise with example, any person or family dis- problems of employment, the problems respect to these rental vouchers. The placed as a result of Hurricane Katrina of meeting all of the other pressures emergency is a new dimension for would be eligible to receive this much that have come before us. But we have HUD, but we thought that they have needed assistance; they could get a moved these people out. Some are temporary housing voucher. This is trained staff and could take over this being held in shelters. Others are being without regard to their income situa- responsibility and move it forward dispersed. But what is the next step for tion. It recognizes the storm hit rich quickly. them? We think this represents the I might note that the Secretary of and poor alike and this is an effort to next step. Housing and Urban Development, Sec- give them some immediate, short-term It is a targeted approach. The au- retary Jackson, earlier in his career, help so they can move out of the situa- thorities it gives are temporary. The has had very extensive experience dition in which they find themselves. limitations and restrictions it eases The temporary rental vouchers would recting public housing authorities—in and removes are done on a temporary quickly and efficiently move families Washington, DC; St. Louis, MO, and in basis, so it is not permanent in its into stable housing across the country Dallas, TX. So he has had a lot of expe- eventual impact. But it does provide, in the communities to which they have rience actually on the ground with re- for the next 6 to 12 months, a degree of relocated. So it would give them an op- spect to housing. We think he could stability and a degree of permanence portunity, with the voucher that would marshal the Department and its staff which I think is very important in ena- come to them, to find housing for to respond in this situation. bling the people who have been struck themselves and their families. They This only begins to deal with the by this tragedy to help put their lives could move out of the shelters. They problem. I do not begin to assert that back together again. I very much hope, could move out of temporary facilities. this represents a total or comprehen- when the appropriate time comes, my They could cease to live with relatives, sive solution to the housing challenge. colleagues will support this proposal. friends or, indeed, strangers. But it enables us to get underway. Any I yield the floor. I suggest the ab- The rental assistance will be flexible family displaced by the hurricane sence of a quorum. and it will be easy to use. It will have would be eligible to receive a tem- The PRESIDING OFFICER. The payments sufficient so they can find porary voucher to pay for renting safe clerk will call the roll. suitable housing. The funds provided and decent housing, pay for rent, secu- The assistant legislative clerk pro- could be used anywhere in the country rity, utility deposits, relocation ex- ceeded to call the roll. by those who have been impacted by penses, and then eventually, we hope, Ms. MIKULSKI. Mr. President, I ask the hurricane whose situation was cre- moving expenses back to their perma- unanimous consent the order for the ated by the hurricane to pay for rent, nent homes. These vouchers could be quorum call be rescinded. security deposits, relocation expenses used anywhere across the country. It The PRESIDING OFFICER. Without and moving expenses back to the af- would not require a certification of in- objection, it is so ordered. fected areas at the appropriate time. come initially in order to get the Ms. MIKULSKI. Mr. President, I wish So, if and when the time comes, they voucher, and the families would be re- to comment on the amendment that could return to their homes if that was lieved of paying the rent, their portion has been offered by the senior Senator the choice. of the rent which is required under the from Maryland, the ranking member The assistance would be available for regular voucher program, until family on Housing on the housing voucher an initial period of 6 months. It is lim- members return to work. Once they reprogram. I want very much to support ited. A further 6 months is available, turn to work, the tenants would have his amendment because I think it is ab- an extension, unless the Secretary of to pay rental payments, as they do in solutely crucial that we do this. the U.S. Department of Housing and the regular housing voucher program. There are people who are living under Urban Development finds that the as- We are trying to cover all the bases three basic circumstances. No. 1, some sistance is no longer needed. But the here. We are trying to be very sensitive are shelters, which is emergency hous- maximum extent of these temporary to the problem. We are trying to look ing. God bless all of the communities, housing vouchers would be 1 year. It at the problem through the eyes of the Red Cross, the people of Texas, and would be 6 months, with a possibility those who have been struck by the hur- everywhere that have provided shelter of an extension. ricane, in terms of how they see it. housing. But shelter housing is for an

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9794 CONGRESSIONAL RECORD — SENATE September 8, 2005 emergency situation, and people do is a private sector corporation with for this? We had advance warning that need to move to stable housing. deep pockets which is trying to jump in a major disaster was looming. We see Then there are those people who did to help. this picture. It tells you what is hap- evacuate. They might be of modest We have a sense of the magnitude of pening. Sunday, August 28, the swirl of means, they might be of middle-class the crisis. These vouchers will add an the wind and the ferocity of the action means, but they have been living in ho- ‘‘R’’ to what we need when we talk is almost enough to frighten you just tels and motels along the way. They about emergency management re- looking at this picture. have been living off of their credit sponse. I helped to form FEMA. I will August 28, Sunday, Katrina became a cards. They are now out of money, they not talk about that today. We have a massive hurricane, a category 5. It was are out of gas, and they wonder what to reformed FEMA that went over to the in the Gulf of Mexico headed right for do next. They need to be able to move Department called Homeland Security. a large American city—a city with tra- into housing. Also, in order to be able I believe when it did that, it lost its dition and history that all of us relate to get a job, you need an address. In focus. But we had three ‘‘R’s’’ we prac- to. Actually, however, this city sat order to get a benefit, you need an ad- ticed: readiness, response and recovery. below sea level—New Orleans. The dress. I am going to add a fourth ‘‘R’’—reim- mayor of New Orleans on that Sunday Then there is the third group of peo- bursement. We have to reimburse these ordered a mandatory evacuation of the ple who have been embraced by church- communities that are taking in people. city. This wasn’t news, friends. No. es, who are living maybe with strang- Look at Texas and other commu- This was obvious. You were going to ers or even living with relatives. But nities. I know your community, Mr. get a punch in the face like you never for many people, their relatives are President, has been very generous. had before, and your opponent was also on a tight budget, living on a shoe- Again, we salute you. But we can end standing full fist in front of you. string or a small pocketbook. We have up in compassion fatigue and we need Massive flooding was predicted before had generosity of spirit, generosity of to have a government safety net. the storm hit. At 6 a.m. Monday morn- heart, and even generosity of wallet. I think this voucher will do a lot. I ing, Hurricane Katrina and its storm But that is limited until people can think it will also do a lot for mental surge hit greater New Orleans and the move into other types of housing. health. If you have your own kitchen, Mississippi coast. About 80 percent of In this case, as someone who once your own stove, your own address, and the city’s residents were able to flee. was an appropriator for HUD, we need your children can go to school, not at Others, especially the elderly, the in- so-called housing vouchers, known as a shelter—though God bless the shel- firm, and the poor were left behind. Section 8, for either the poor or the el- ters—I think it will do a lot to begin to Also, on Monday, the 17th Street derly. Because of what has happened, restore people’s sense of stability. levee in New Orleans broke, and water everyone is poor and stretched to the I think this is a very good idea. It is flooded the city. limit, with no income. They need help. temporary. It is time limited, both in One only needs to ask our junior Sen- I believe this program offers both the terms of the flexibility of the rent, and ator from Mississippi about the wave of reimbursement—the voucher—and also so on. I think it will go a long way to water that destroyed his house. He told enough constraints so that it is not a using the private marketplace and the me it was 26 feet high. That is more lavish giveaway program. private sector and also be able to reim- than two stories. Levees gave way, and The point I also want to make is that burse other nonprofits that are already floodwaters quickly overtook homes. housing is really limited, even tem- also finding housing. Residents scrambled for their lives, porary housing. My colleague, Senator I salute my colleagues and the lead- seeking refuge on rooftops. We all saw SARBANES, has spoken about FEMA and ership for doing this, and I look for- the vivid pictures of the heroic Coast its trailers. We know about FEMA and ward to supporting it. Guard rescue putting people in baskets, its trailers because we were hit by Hur- I yield the floor. or hanging onto them, around their ricane Isabel. We were absolutely The PRESIDING OFFICER (Mr. necks, to get them out of the way of grateful for them. But when I heard the COLEMAN). The Senator from New Jer- the oncoming flood. More than 30 elder- FEMA trailers were coming to the sey. ly residents of a nursing home died in Eastern Shore or Bailey’s Quarters or Mr. LAUTENBERG. Mr. President, I that rapidly rising tide. to Miller Island, I thought they were want to take some time to review the On Monday, August 29—remember, trailers—almost a version of a manu- situation we have seen in front of us the first picture was Sunday. That was factured home. When I went to see for the last week. It was a terrible the warning we saw going on. On Mon- them and meet with the people in week for our country. One only had to day, August 29, many in New Orleans them, they were campers. So when we listen to the eloquent remarks given by were evacuating their homes in rushing hear that the trailers are coming, these the Senator from Louisiana, Ms. LAN- waters trying to keep themselves and are not trailers the way we see in a DRIEU. She described in very moving their families from drowning. trailer park. These are kind of campers words and tones what kinds of things Here is a photo taken about midday you see for an overnight and they are she personally witnessed and that went that Monday. I would appreciate it if very limited and they are also very ex- on in the State of Louisiana, particu- those who see this would keep this pensive to heat or to air condition. larly New Orleans. We all have to learn time in mind. But, thank God when they come. from that experience. We have to be That terrible image—look at it. Peo- Yesterday I spoke to one of the lead- ready for any eventuality. ple were standing in water up to their ing private-sector people who has a The American people watched in hor- waists. Some are up to their necks, and substantial number, whose corporation ror and disbelief as this incredible obviously holding children, and at the has a substantial number of employees tragedy played out on live television in same time holding bundles on their in both Louisiana and Mississippi. Louisiana, Mississippi, and Alabama. heads to keep them dry. They tried to rent trailers and RVs For most of us, it was from the safety By Tuesday, we saw conditions dete- to take out to their employees. They of our homes or businesses that we riorating at the Louisiana Superdome were going to get hold of them and watched with horror our fellow Ameri- where people had already sought ref- lease them—or almost rent free—to cans suffering unbelievable loss and uge. They suddenly needed to move their employees so the employees pain. again. would have a place to work. They The worst part is, as we watched this A reporter at the scene told grim sto- would know where those employees tragedy evolve, with thousands being ries of no food, no air conditioning, no were, and begin to put them back to displaced from their homes and fami- usable water, overflowing toilets in the work. lies, without a significant response, Superdome, and of tens of thousands of Guess what. They couldn’t find any. why did they suffer so long before ap- human beings who were stranded in Practically every trailer and every RV propriate action was put into place? these inhumane conditions. in America is on its way down to the That is because the Federal Govern- While media members were spread gulf. They have already been purchased ment was not prepared. How could the across New Orleans, the Federal Gov- or leased. We think that is great. This administration not have been prepared ernment seemed to have no presence

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9795 whatsoever. I remember personally concluded last week is that the Bush those who would pass the buck else- watching Jean Meserve reporting for administration cannot protect us. where, away from the place the respon- CNN, almost being blown over by the When faced with a real crisis, the sibility belongs. ferocity of the winds, with tears in her White House displayed a lack of in- We need to tell the gulf coast com- eyes, in a quivering voice. She was cry- volvement, a failure of leadership. munity that we believe in them, that ing as she gave her report about the To make matters worse, our Presi- the road to recovery is being built, and horror she was witnessing. She was dent refuses to accept responsibility. that we will then proceed to examine barely able to hold herself in position. President Truman—who sat at this the history of what got us there. Peo- These desperate people trudged up very desk; his name is written here— ple understood in many quarters the elevated highways and overpasses. I am said: The buck stops here. levees were weak. The question arises sure they assumed that help would That is not what we saw from the about what we did to shore them up. I soon come. But even though they wait- White House those terrible days. Now hope that examination will take place ed in plain sight on an elevated high- the President has an idea about how to in the immediate future. way, no help arrived. So they baked in determine what went wrong. He wants We salute those people who have en- the heat, and they looked desperately to begin an investigation, headed by dured the most unimaginable tragedy— toward the skies for any hint of help. himself. An investigation of self is not to have loved ones swept away by flood But there was little sign from the Fed- the best way to get the facts. waters, to have memories taken away. eral Government; no sign of help other The hurricane that struck New Orle- In lots of places it was not just the than the courageous Coast Guard res- ans on August 29 was a force of nature. housing but the memorabilia, the trin- cue teams pulling people off of roof- But the damage and the disaster that kets of childhood, childbearing, raising tops. followed was compounded by a failure kids, and seeing it disappear. We have On Tuesday, as this devastation was of leadership. to be stronger. We have to be more being unleashed on New Orleans, where Since the President and the Presi- leaderly. We cannot be AWOL when was President Bush? He flew to Cali- dent’s team have already mishandled trouble strikes. I hope we will work to- fornia, in the opposite direction of the much of this tragedy, I urge my col- gether on a bipartisan basis, as they crisis as tens of thousands of Ameri- leagues to roll up our sleeves and fol- say, and do the right thing. cans were fighting for their lives, many low the lead of Senator LANDRIEU, with I yield the floor and suggest the ab- of them dying. The President was in Senator VITTER, Senator LOTT, Senator sence of a quorum. California. It was an important mo- COCHRAN, as we craft a plan for recov- The PRESIDING OFFICER. The ment. He gave a speech commemo- ery for these devastated communities. clerk will call the roll. rating VJ Day. I remember VJ very We have a moral obligation to rebuild The bill clerk proceeded to call the clearly. I was on a ship going from Eu- not just these businesses and land- roll. rope where I served during the war marks but homes and communities, Mr. DORGAN. Mr. President, I ask back to America to go on to Japan. It schools in every community, regardless unanimous consent that the order for was an important moment. But was it of class or color. the quorum call be rescinded. important enough for the President to One of our Republican colleagues said The PRESIDING OFFICER (Mr. leave his post, to leave his command, something this past weekend, in talk- CHAFEE). Without objection, it is so or- when people were trying to stay alive? ing about the people who were suf- dered. This is a picture taken on Tuesday, Au- fering so much in the gulf area: AMENDMENT NO. 1665 gust 30, 2005. It was 2:56 eastern time, You have people who don’t heed those Mr. DORGAN. Mr. President, I send which made it about 2 hours difference warnings and they put people at risk as a rean amendment to the desk on behalf of in central time, New Orleans. The sult of not heeding those warnings. myself, Senator GRAHAM, and Senator President was enjoying the day. He was He further said there is a need to STABENOW. strumming a guitar. I don’t deny him look at tougher penalties on those who The PRESIDING OFFICER. Without the pleasures of office. But people were decide to risk it and understand there objection, the pending amendment is drowning. They were trying to save are consequences for not leaving; to ad- set aside. The clerk will report. their lives, save their homes, and save minister more punishment to these The assistant legislative clerk read their kids at the same time. The Presi- people who did not heed the warning, as follows: dent was not in touch with the coun- who did not want to leave their homes, The Senator from North Dakota [Mr. DOR- try. It was one of the worst failures of who did not want to leave their famil- GAN], for himself, Mr. GRAHAM, and Ms. STA- leadership in our Nation’s history. It iar territory, who did not want to leave BENOW, proposes an amendment numbered was like an Army preparing for battle a relative, perhaps; to put more punish- 1665. only to find out that the top general ment on them, suggesting that losing a Mr. DORGAN. Mr. President, I ask has gone AWOL. child, losing a home, losing momentos, unanimous consent that the reading of Millions of Americans asked: How or losing a history is not enough. We the amendment be dispensed with. could this happen in the 21st century in should punish them further? A Senator The PRESIDING OFFICER. Without America? suggested that. What an outrage. Yes, objection, it is so ordered. Our hearts were broken—all of us, he yielded later and said he might have The amendment is as follows: anybody who saw it. I remember con- been misunderstood. Read that Sen- (Purpose: To prohibit weakening any law versations with family and friends, and ator’s words. that provides safeguards from unfair for- how horrified they were to see people We have to learn from this terrible eign trade practices) struggling. They heard tales of chil- tragedy. The country certainly is alert On page 190, between lines 14 and 15, insert dren being swept from parents’ arms, of to the risks we face from terror, from the following: the woman who sat with her husband human-initiated attack. In the State of SEC. 522. None of the funds appropriated or as he pleaded for needed medication. New Jersey we lost 700 people; New otherwise made available by this Act may be used to negotiate or enter into a trade agree- And he died in her presence. York, almost 2,000. We learned a lot. ment that modifies or amends any law of the Senator LANDRIEU told us the story We learned we have to protect our- United States that provides safeguards from about the man who was sent to protect selves. It appears the number of dead in unfair foreign trade practices to United the mayor of New Orleans. He stayed Louisiana and Mississippi is going to States businesses or workers, including (1) with the mayor 3 days. When he went exceed the number, as terrible as it imposition of countervailing and anti- to his home, he found that his wife and was, of September 11. So we have to dumping duties (title VII of the Tariff Act of children had died. He was so overcome prepare ourselves in some way to deal 1930; 19 U.S.C. 1671 et seq.); (2) protection he took a pistol and blew his head off. with that problem just as ardently, from unfair methods of competition and unfair acts in the importation of articles (sec- He committed suicide. How terrible. just as thoroughly, as we fight ter- tion 337 of the Tariff Act of 1930; 19 U.S.C. What many people do not understand rorism. 1337); (3) relief from injury caused by import is the incompetence of the leadership We need to pass legislation as soon as competition (title II of the Trade Act of 1974; in their country. It seems to be almost possible. I hope we will not be delayed 19 U.S.C. 2251 et seq.); (4) relief from unfair an indifference. What many Americans in doing that by recriminations from trade practices (title III of the Trade Act of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9796 CONGRESSIONAL RECORD — SENATE September 8, 2005 1974; 19 U.S.C. 2411 et seq.); or (5) national se- cause Fig Newton moved to Monterey, hope the answer is, yes. I hope the an- curity import restrictions (section 232 of the Mexico. So if you want Mexican food, swer is to say to our trade negotiators Trade Expansion Act of 1962; 19 U.S.C. 1862). go buy Fig Newtons. that we understand that foreign nego- Mr. DORGAN. Mr. President, this is I have given speeches at length about tiators are proposing to weaken our an amendment that is relatively sim- jobs leaving this country. We have the trade laws. Our trade negotiators must ple. It would prohibit funding in this biggest trade deficit in this country. It have the backbone and the will to bill for our trade negotiators to enter is dangerous. The question is, When stand up for our economic interests, into any agreement that would weaken will this country have the nerve, the something they have not been willing U.S. trade laws, such as antidumping backbone, and the will to stand up for to do for a long time. laws and countervailing duty laws. Let the economic interests of this country? I offer this amendment, which is a me describe why these are important. I am not suggesting putting walls up prohibition on funding. It is germane, We have provisions in our law that around this country; I am just sug- and I hope to have a vote on it when we establish some level of protection for gesting demanding fair trade. We had have had a proper amount of time to American industries if some foreign people die on the streets of this coun- discuss it. company or foreign country decides to try for the right of workers to orga- One final point. I intend to offer an- dump products into our country at ar- nize. In the last century, we decided other amendment which I cannot offer tificially low prices in order to capture issues about minimum wage, about at this moment. It is an amendment a market or destroy an industry. These child labor laws, about rules that say that I will offer to other appropriations are the antidumping laws. We also have you cannot dump chemicals into the bills as well if it is not acceptable here, laws that provide for the opportunity air and the water from your production and that is to establish a Truman-type to apply countervailing duties on prod- plant. committee to investigate the waste, ucts that come into this country that We had people work very hard over a fraud, and abuse in contracting that is are unfairly subsidized and attempt to century to achieve these rules and reg- going on in the Middle East, particu- undercut American businesses. ulations, which establish decent condi- larly in Iraq. I have described the con- Why do I offer this amendment? Be- tions of production. One can now es- ditions of Halliburton and other com- cause we have U.S. negotiators who are cape all that by pole-vaulting over it. panies that have been given billions of engaged in WTO negotiations who are Move the plant to China, move the dollars, have wasted a substantial saying that everything is on the table; plant to Bangladesh, move the plant to amount of money, are now under crimi- we are willing to negotiate away the Honduras and hire workers who will nal investigation, and are given a slap work for pennies on the dollar. Hire protections that exist for fair trade for on the wrist and a pat on the back and workers who will work for 33 cents an American businesses, American jobs, more money and nobody seems to care. hour. Hire 12-year-olds and pay them 12 and American industries. I believe there ought to be a Truman- cents an hour and work them 12 hours We have the highest trade deficit in type committee of the type Harry Tru- a day and then ship the product to Los the history of this country. We have man headed long ago when there was a Angeles, Detroit, Fargo, or Mobile. massive numbers of American jobs Democrat in the White House and a Meanwhile, who is going to buy these moving overseas every single day. Democratic Senator said: We must in- products when American jobs have American companies are closing their vestigate this kind of spending and been lost, American workers are told businesses, and American jobs are mov- profligate waste and abuse. they are no longer affordable, their ing overseas. I will ask that the Senate at some I have told the story repeatedly—and jobs are gone? Little Red Wagon Radio Flyer, we all point decide that there ought to be I will not tell it in great depth again— rode in that Little Red Wagon when we oversight on what is happening to the about Huffy bicycles. They used to be were kids. For 100 years that company taxpayers’ money. I will offer that an American company. No longer. produced in this country, and now it is amendment tomorrow. I have offered Huffy bikes are now made in China. all gone. So it can be produced more this amendment today for its consider- Those proud workers in America made cheaply, less expensively by hiring ation, and I hope that as we go along $11 an hour plus benefits. They all got workers who will work for pennies an that we will be able to get a vote on fired. Were they bad workers? No. That hour. this amendment. company makes Huffy bicycles in As we engage in new trade negotia- I yield the floor. China now and pays 33 cents an hour, tions, which threaten to once again The PRESIDING OFFICER. The Sen- working workers 7 days a week, 12 to 14 pull the rug out from under American ator from Alabama. hours a day, and then they ship the workers and American businesses, this Mr. SESSIONS. Mr. President, is it Huffy bicycles back to this country to amendment says something very sim- appropriate to speak on hurricane mat- be sold. ple: We will not allow the funding we ters at this time? Interestingly enough, since they have approved in this appropriations The PRESIDING OFFICER. The Sen- moved to China, Huffy has declared bill to be used to weaken our trade ator may speak on any matter he wish- bankruptcy. It has now been purchased laws. es at this time. by a Chinese company, and they say The United States-China Commis- Mr. SESSIONS. Mr. President, Hurri- they still want this to be one of the sion, a bipartisan commission estab- cane Katrina was a colossal natural leading brands in America. Notice that lished by Congress, sent us a letter Au- disaster. Every hurricane is different. I said ‘‘brands.’’ They don’t want to gust 1, 2005, that warned that the pro- They bring different stresses and dif- make them here. It is too expensive to posals that our trade negotiators are ferent damages. My home is in the city pay $11 to American workers to discussing with respect to antidumping of Mobile, Alabama, right on the gulf produce bicycles in this country; they and countervailing duties ‘‘could se- coast. We were without power for 3 just want the right to sell them here. verely limit our ability to protect our days. Trees and houses were damaged. I have given long speeches about the economic interests.’’ That is from the Portions of the city were flooded that fact that Levi’s doesn’t make a single United States-China Commission, a bi- have not been flooded before. We expe- pair of Levi’s anymore. That great partisan commission. rienced the highest surge of water up American brand is now produced off- The Commission reiterated the pro- Mobile Bay driven by this storm that shore. They are made by contract proposals put on the table by foreign nego- we have seen in anybody’s lifetime duction in Haiti, Sri Lanka, Indonesia, tiators ‘‘could have substantial impact there. Bangladesh, India, and China. on our nation’s ability to utilize our The surge in the fishing communities I have given speeches about the fact trade laws and ensure that American of Bayou La Batre and Coden were un- that if you wear your Tony Lama cow- farmers, workers, and businesses have like anything they have seen before— boy boots, they may not be American; the tools they need to respond to un- my best estimate is 5 feet deeper than they may be Chinese. fair and predatory foreign trade prac- we have ever seen before. I spent 3 days I have given speeches talking about tices.’’ in that community working with and the fact that if you like Mexican food, So the question for us is, Are we talking to the people. Many of them you can eat Fig Newton cookies, be- going to do anything about that? I lived in small framed houses, some in

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9797 mobile homes and things of that na- I met a young lady who asked me too careful. We need to get money out ture, that they have lived in for quite that night what about her grand- fast, and we need to pour it in there, a long time in areas that had never father’s Social Security check? They and if we need 50,000 troops, let us send flooded before but flooded this time. were from New Orleans. They left the 70,000 to make sure. I will share a story of heroism that is New Orleans area. They had come up Now we are seeing figures that it is symbolic of what happened, I am sure, here. They were expecting to go back. going to cost $200 billion to complete throughout the gulf coast. It is regard- I knew what she was saying. She was this reconstruction. All of us know ing a young State trooper a corporal, saying they did not have any money. I there is no money to pay for this. It is Spencer Collier, also an Alabama State called Wallace Davis of the Volunteers not coming out of our regular budget. legislator, a wonderful young man, my of America, a great organization in the That is not the plan. It will come in an wife and I have come to admire him so Mobile area, and he really came emergency supplemental appropria- much whose house flooded, as did most through. I asked him to do what he tions bill, and that means it will be of the leaders of the town of Bayou La could, and he immediately went into added straight to the national debt, Batre. The town began to receive 911 action. He brought some of his own and our children and grandchildren will calls at the height of the storm. He and money. pay it, plus the interest that accumu- a marine resource officer and others, He said: I have money. I am telling lates on it. got in a vehicle and drove down to you I have seen hurricanes before, and So I think this Congress is doing the where the water was rising with 100- some people just need a little cash. right thing in moving forward rapidly, mile-per-hour winds blowing. They put They gave them a little cash, and I but I think our majority leader, our ap- their boat out and, before they could saw her the next morning and she was propriations leaders, our House leader- cast off, the water had risen so fast a new person. That would allow them ship, and the President also need to be that the entire vehicle was flooded. to get to other relatives and maybe thinking about how to spend the They went out and they made the first stay with them and get gasoline or money responsibly. Trust me, there trip to rescue stranded individuals. food in that fashion. will be abuses. People think we can They went out in this storm, traveling So I want to say this: Many of the just send our military to the region, almost a mile to an area where water homes there are lost. On the east end but the Department of Defense is going had never reached before in this town. of Dauphin Island, which is a sizable to charge the disaster fund for the They rescued people and brought them barrier island with a great many money they spend. These expenses will back. beachfront homes on it, one-third of be allocated to the disaster. All the Unfortunately, the first boat sank. the homes are completely gone, one- other responding Federal agencies are Mayor Stan Wright had a flat-bottom third badly damaged, and one-third going to bill the fund for the disaster- boat and they put it to work. He said it somewhat damaged on the island. On related expenditures they incur as well. was a good boat. It worked quite well, the west end, the percentage of homes We are so pleased to see that States but the bottom was thin and they were lost was even greater. The homes that are just doing whatever it takes to worried about it. They went out in were for many years on beautiful Mo- bring schoolchildren in from these these waves and in this storm under bile Bay around Point Clear and the areas and do extra things for them, but great live oak trees that were blowing, Grand Hotel, homes that had not flood- we are already hearing—as we did this houses had been completely demolished ed before, flooded because of this surge morning—they want to be paid for it towards the beach as well as inland. of water. Homes that were built up by somebody. They ought to be paid for The water was littered with trash and high in recent years under hurricane some of that. debris, and they made six trips and restrictions did not flood, but many of Governor Riley, in Alabama, has said brought people out. One lady had sev- those old homes suffered a good deal of that we will take any schoolchild who eral children. So they left one of their damage. is in our State but cannot go home. We group there holding two of the chil- I just say that to point out that, will take them. We will put them in a dren. They took the boat back, came without a doubt, we are going to have school somewhere in Alabama. Our back again and got the children, and to spend more on this hurricane than community colleges have said that, no they had to leave the guy because they we have ever spent before. People need matter what, we will take you. If you did not have room in the boat. us now. Many of these people I have don’t have tuition right now, we will All the time his house was being talked with and I met were working still take you anyway. flooded, and he spent days, as did the class American citizens not living on While this is happening, people are other members of the city government, the beach. People on the beaches, for making contributions and I think that working for the people of that commu- the most part, have a second home. is important. But $1 billion is a lot of nity, even though their own homes They have insurance. Maybe they can money. We probably have less than were flooded. So that is the kind of get by, although they are going to take 5,000 homes seriously damaged in our thing we are talking about. a big hit. But these people were hurt- area. Maybe it is 4,000 in the Bayou La I talked to people remaining in town ing, and hurting badly. We are going to Batre area, or maybe less. If you gave the next day. The storm ended Monday need to step it up. me $1 billion, I could build 10,000 new night. We still had strong winds at 5, 6, When I see the damage from the in- houses worth $100,000 each. One billion 7, even 8 at night. It began to calm credible force of this hurricane on the dollars is a lot of money. A billion dol- down after going all day long. I talked Mississippi coast, our neighbors, and lars is a thousand million. to those people Tuesday afternoon. then in New Orleans with this incred- But, now we are going to be in a big Many of them were in food lines pro- ible levee break and the floods there, I rush. FEMA is going to pay people who vided by the good old Salvation Army. know we are in for a big job. did not have flood insurance. Most of They were the first ones there serving I served as a U.S. attorney for 12 them should have gotten it. They hot meals, with a tub of ice and bottled years. I had the responsibility, even as should have, but they will still qualify water. People were lined up. They had an assistant U.S. attorney in the 1970s under the grant program and can re- not had a meal. The electricity was all after Camille, to survey the aftermath. ceive up to a maximum—all of them off. The phones were off. Most of the I had to prosecute people for fraud, wouldn’t get this much—up to a max- cell phones did not work. Cell phone theft, and abuse in hurricane cleanups. imum of $26,000. I asked FEMA’s Mr. batteries quickly go down. They could When this much money gets put out Burns today if he discussed with the not make phone calls. They lined up this fast, there is a real danger of mis- Senators how much it would be, and he there. Several in that first line I talked chief. said the maximum would be up to to said: Senator, this is all we have. We I have been in the Senate long $26,000. That will include, I think, the lost everything we had. These clothes enough to get a feel for things. I be- $2,000 that some received today. So it on my back are all we have. We had to lieve that the Senate is now in a bit of would be $24,000, maybe, for someone get out of our house. The water flooded a hurricane mode; that all of Congress who already received the money. everything. I don’t know what we are is—maybe even the White House—and I said, when do you pay it? Appar- going to do. that mode is that we do not need to be ently, we are already beginning to pay

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9798 CONGRESSIONAL RECORD — SENATE September 8, 2005 it. It is like flood insurance, I guess. If We have towns and communities that blown away, the streets do not just you have insurance and your house is are badly hurt. They have lost sales have trees gathered up. There are destroyed and the adjuster comes out tax revenues and now they are going to whole chunks of houses, debris, founda- and admits your house is destroyed, be fighting for every dime they can get. tions, nails, lumber, glass, and that they write you a check, sometimes on They are going to be pushing the rules kind of thing. It is more than the the spot. and regulations to the breaking point widow lady or the elderly can do to get So this money is going to run out and beyond. We are going to have Con- that out there to the street. quickly. If this money is being allo- gressmen and Senators browbeating us We are going to have to create some cated this quickly—before somebody in here with stories that say: Forget rules, particularly in these areas that has come up with a plan about which the rules, send out the money. We all are hardest hit. We must allow the neighborhoods should be rebuilt—in know that is going to happen. But I Federal Government to help com- Alabama, Mississippi, or even in New don’t think the people of my State pensate, and it must be allowed go onto Orleans—we could end up with that want us to waste any money. the private property and help get some money being unwisely spent and maybe The people of my state want to help of this debris away. Many of the people not having enough money to help peo- people in need. They want to be gen- will have lost their jobs and don’t have ple construct the kind of houses they erous. They expect this Government to an income. They will not be able to would like. respond, and respond quickly, to take have that done on their own. Senator SHELBY, I, and Congressman care of people whose lives are at risk. Those are some of my thoughts. I sa- JO BONNER talked with Secretary The people of my state know that lute the majority leader and the Demo- Alphonso Jackson of HUD when he was this is bigger than we have ever seen cratic leadership for moving the $10 in Mobile, AL, last week. We discussed before. They know that anyone can billion supplemental promptly. That with him the possibility of using the make mistakes and that you cannot was a good thing last week. FEMA money—whatever they get— anticipate certain things. They want Under the Anti-Deficiency Act, plus some of the loans HUD already has the government to constantly get bet- FEMA cannot expend a dime that has for people of low income, to help buy a ter and improve our response. not been authorized by Congress. home. What if we use a small portion of But they don’t want us wasting FEMA has already used up all of that these millions of dollars that are com- money. They don’t want us throwing money. It is a crime for them to vio- ing from charitable organizations? money at a problem that we have not late the law that says you can’t spend Maybe we could get some real estate thought through carefully. They want money Congress has not appropriated. people and some architects to help us us to be careful with their money. The result is that we must come back redesign some of these communities In fact, if we are careful, we can get and do it again quickly. We are run- and make them both beautiful and hab- a lot more good done for a lot more ning out of money again quicker than itable—and safe so this wouldn’t hap- communities. At this point I am not at we thought, and we had to respond. pen again. liberty to explain to you what I think I salute the majority leader for Do you see what I am saying? There ought to be done. I am not able to. I bringing us up to date and doing it are so many things happening right don’t know what ought to be done and fast, but I say we are moving awfully now, so fast. Some of this, almost by how, precisely, the money should be fast now. It is time for our leadership, law, is required to be done in this fash- spent at this time. But I have been both in the Congress and in the White ion. House, to ask how can we make sure We need somebody, I believe, to be a there in the aftermath of hurricane cleanups, and I am telling you, it is a we have integrity, wisdom, and good manager for the President. I am offer- sense in handling this disaster. difficult thing to keep control of. The ing a sense-of-the-Senate resolution to If we do so, we can make some of government will spend your money be- call on the President to choose a per- these communities bloom again. We son of his liking to be his representa- fore you know what happened to it. can make some of these towns and That has happened before when there tive with regard to spending, fraud, areas as beautiful as they were before. was a far smaller area of devastation management, and reconstruction. I be- It has happened before. We have had than we have today. FEMA is going to lieve that the President should do that. disasters and we bounced back before, be stretched from Louisiana to the It would be a person of his choice, in and we will bounce back again. It is the Florida line. We have more people in- the mode of a Mit Romney or Peter right approach. Uberhoff who were put in charge of volved here than almost any hurricane I thank everybody in this country— Olympic Games and billions of dollars ever, and the extent of the disaster is faith-based groups, volunteers, civic in finances at stake there. We need larger than ever. It is going to be even groups—for the resources they provided someone with real experience who more difficult to monitor this recovery to our people in Alabama. We got a call doesn’t have a political agenda, some- carefully. Some things are not going to from the national group that makes one who would come in and report to be able to be done as fast as we would modular housing and they were sending the President on a daily basis, report like to see them done. But if we do it five office trailers down. They agreed to the Director of the Office of Manage- right, I think we can meet the needs of to send one to Mobile. I talked to ment and Budget, and who could call our people, be generous to the Amer- them. A group from Indiana sent in on the Cabinet to help coordinate the ican people, and also maintain the rule two 53-foot trailers. A businessman in relief. You might say he will not have of law as we go forward. north Alabama sent $100,000. any power. Listen, I spent a long time There are some special things that The mayor of Ozark sent down two in the Federal Government. I know are going to be needed to be done. I trucks and himself and a whole team to who has power in the Federal Govern- talked to Senator LOTT, and he is cor- help. He adopted the city of Bayou La ment. The person who has power in the rect. Normally, when a hurricane hits Batre. The mayor of Gadsden in north Federal Government is the person the and a person has trees down in their Alabama adopted the town of Bon President says has power. If he chooses yard and shingles off their roof, that Secour. Steve Means, the mayor of this person and he tells his Cabinet: I person takes all that to the street. Gadsden, came down and was of great selected him and I want you to work They are responsible for it. They cut help and assistance. That kind of thing with him. If he asks you to do some- up the limbs, bring them out to the was helping, spontaneously, with re- thing, I hope you will do it. If you can’t road, and FEMA pays for someone to sources all across the country. do it, I want him to tell me, and you come by and pick it up. It is a mar- We are hopeful, pleased, and thank- can come explain to me why you didn’t velous thing, I am telling you. If every- ful. And that is the most common feel- do it. That is all it takes. Things will one had trees down in their yard and if ing I have observed, as did my wife, start work better. everybody had to hire a tree surgeon to who served in the food lines in Bayou Anyway, I am hoping something like come haul them away, it would be an La Batre and talked to people. People that will happen because this is so incredible cost. Volunteers come in are thankful. It is amazing. You begin massive and the potential for fraud and with power saws and help people do it, to count your blessings and recognize abuse is so great we are going to have and neighbors help neighbors, and you what is important in life when that oc- to watch it. get that done. But if your house is curs.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9799 Also, people are not whining, not the crimes, violent crimes and otherwise. tracts. I think it makes sense to at people I have talked to. They know In this amendment I increase funding lease hold the line at that level. So I this was a storm that nobody caused. for the Criminal Alien Assistance Pro- scaled back funding to a level that is They know it is a difficult time. They gram by $60 million. It is still well appropriate to cover all the existing are thankful for the assistance they short of the funding that has been pro- contracts so anyone who has an obliga- have received from their neighbors, and vided in the companion bill in the tion under ATP will have that obliga- they are not complaining about the sit- House. tion met. We simply would not provide uation. It has made me proud to rep- But it is an increase which I think funds for additional contracts. I think resent them. will be well used. It deals in the area of that is the right policy. I think the en- Mr. President, I yield the floor. illegal immigration and criminal alien tire program should be phased down The PRESIDING OFFICER. The Sen- assistance that I think most everyone and eliminated for a few fundamental ator from New Hampshire. agrees is in a crisis situation now with reasons. AMENDMENT NO. 1669 the state of emergency having been de- First and foremost, this duplicates Mr. SUNUNU. Mr. President, I ask clared in parts of the Southwest to deal what already exists in the private sec- unanimous consent the pending amend- with this type of problem. tor. The ATP program gives funding to ments be set aside for the purpose of Similarly, this amendment increases private companies that are developing offering an amendment. funding by $18 million for the South- new programs. That is why we have a The PRESIDING OFFICER. Without west Border Initiative that deals with venture capital system. That is why we objection, it is so ordered. prosecution, helping our Southwestern have the private banking system. That Mr. SUNUNU. Mr. President, I ask States deal with the costs associated is why we have private equity fund- for consideration of an amendment with prosecuting aliens that have coming—to support companies that are that I had earlier sent to the desk. mitted crimes against the laws of those competing in the marketplace and de- The PRESIDING OFFICER. The States and the Federal Government. veloping new products every day. I clerk will report. It brings that level of funding up to used to work for a technology firm. We The bill clerk read as follows: the President’s level. I think the Presi- developed new products, and we cer- The Senator from New Hampshire [Mr. dent’s request in this particular area tainly didn’t look to the Federal Gov- SUNUNU] PROPOSES AN AMENDMENT NUMBERED was well warranted, given how much ernment to fund new product develop- 1669. attention has been given to the prob- ment. It is a historic marketplace be- Mr. SUNUNU. I ask unanimous con- lem of illegal aliens in recent years. cause inevitably you will have a bu- sent the reading of the amendment be This increases funding in this critical reaucrat in Washington deciding which dispensed with. area by $78 million. new product ideas get funding and The PRESIDING OFFICER. Without My amendment also provides addi- which do not. That is not a good idea objection, it is so ordered. tional funding of $50 million to transi- and not a good use of public re- The amendment is as follows: tional housing for women who have sources—to try to pick winners and (Purpose: To increase funding for the State been exposed to domestic violence. losers in the product development mar- Criminal Alien Assistance Program, the This is a relatively new program. It is ketplace. Southwest Border Prosecutors Initiative, authorized at $30 million per year. The Finally, these are funds, resources, and transitional housing for women sub- bill appropriates only $15 million. I public funding that are going to pri- jected to domestic violence) would increase that to $30 million for vate companies, many of which are On page 131, line 14, strike ‘‘$15,000,000’’ and this transitional housing program, very profitable and very successful. We insert ‘‘$30,000,000’’. which is part of the programs author- shouldn’t have an industrial policy at On page 134, between lines 4 and 5, strike ized under the Violence Against ‘‘$170,000,000’’ and insert ‘‘$230,582,000’’. the Federal level that provides unnec- Women Act. Transitional housing is essary subsidies to private corpora- On page 134, between lines 4 and 5, strike critical. It meets the needs of those ‘‘$30,000,000’’ and insert ‘‘$48,418,000’’. tions. who require emergency shelter services On page 156, strike lines 3 through 7 and in- I think we can do better. We can find or crisis intervention. There is no sert the following: better areas in which to allocate these other program funded by the Federal In addition, for necessary expenses for ex- resources—dealing with illegal immi- isting grant projects of the Advanced Tech- Government that provides transitional gration, crimes committed by illegal nology Program of the National Institute of housing solely for victims of domestic aliens, and transitional housing for Standards and Technology, $46,000,000, to re- violence and sexual assault. This is not those affected by domestic violence. main available until expended. typically the case in the Federal Gov- Those are certainly priorities that Mr. SUNUNU. Mr. President, I offer ernment. There are no other sources of are much more significant, much more an amendment today to make some funding, and we ought to provide fund- valuable, much more appropriate than changes in the funding allocations that ing at the authorized level. are found in this bill. I very much ap- In the State of New Hampshire, there a project that subsidizes private com- preciate the work of the subcommittee are 12 emergency shelters for battered panies. chairman and the ranking member. I women. The average length of stay is The final point about the Advanced know, having served on the Appropria- about 27 nights. Technology Program: It has been allo- tions Committee in the House, it is not Therein lies the immediate need for cated at over $100 million, $150 million an easy task. You are asked to set a lot transitional housing. I think that is to $200 million, depending on how far of priorities, to make a lot of decisions probably a story that is repeated in back in time you go. about a good deal of money. It is not State after State. I simply ask my colleagues to con- an easy task, but the purpose of bring- I think it is not only a worthwhile sider, if they were at a company, say, ing the bill to the floor is to give us an area but an area in need of funds, an that was developing microprocessors, opportunity to adjust those priorities. area where there are no other programs and one of their competitors was being I attempt to do so in this amendment at the Federal Government level for given a subsidy by the Federal Govern- in a couple of ways. meeting this need. ment to do the same thing, would you In this amendment I increase the The funds that I allocate to deal with think that was fair? If you were devel- funding in two general areas: first, in criminal alien prosecution and transi- oping heating equipment and one of the area of border security and pros- tional housing for those affected by do- your competitors was being given a ecution of illegal aliens who have com- mestic violence will come from the Ad- product development subsidy by the mitted crimes. This is an area that I vanced Technology Program, APT. Federal Government, would you think think many people would say is in cri- This is a program that has long been that was fair? sis right now, the problem with secur- targeted for elimination. The funds This distorts the marketplace. It is ing our borders, the problem with ille- over the last several years have been simply not a good use of taxpayer gal aliens, and specifically the problem phased down. money, but we only scale it back to the of dealing with the costs associated Last year, funding was provided only extent that all current obligations con- with illegal aliens who are committing for existing contracts—for no new continue to be met.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9800 CONGRESSIONAL RECORD — SENATE September 8, 2005 I think this is fair, it is the right SEC. ll03. DUTIES. eral assistance necessary for large-scale re- thing to do, and I ask my colleagues to The duties of the Commission are to— covery; support the amendment. (1) examine and report upon the Federal, (2) identify, review, and evaluate the les- I yield the floor. State, and local response to the devastation sons learned from Hurricane Katrina includ- wrought by Hurricane Katrina in the Gulf ing coordination, management policies, and NOTICE OF INTENT Region of the United States of America espe- procedures of the Federal Government, State Mrs. CLINTON. Mr. President, in ac- cially in the States of Louisiana, Mississippi, and local governments, and nongovern- cordance with rule V of the Standing Alabama, and other areas impacted in the mental entities, relative to detection, plan- Rules of the Senate, I hereby give no- aftermath; ning, mitigation, asset prepositioning, and tice in writing that it is my intention (2) ascertain, evaluate, and report on the responding to cataclysmic natural disasters to move to suspend paragraph 4 of rule information developed by all relevant gov- such as Hurricane Katrina; and ernmental agencies regarding the facts and (3) submit to the President and Congress XVI for the purpose of proposing to the circumstances related to Hurricane Katrina bill, H.R. 2862, the Science, State, Jus- such reports as are required by this title con- prior to striking the United States and in taining such findings, conclusions, and rec- tice, Commerce appropriations bill, the the days and weeks following; ommendations as the Commission shall de- following amendment: (3) build upon concurrent and prior inves- termine, including proposing organization, S.A. 1660 tigations of other entities, and avoid unnec- coordination, planning, management ar- At the appropriate place, insert the fol- essary duplication concerning information rangements, procedures, rules, and regula- lowing: related to existing vulnerabilities; tions. (4) make a full and complete accounting of TITLE ll—KATRINA COMMISSION SEC. ll05. POWERS OF COMMISSION. the circumstances surrounding the approach SEC. ll01. ESTABLISHMENT OF COMMISSION. of Hurricane Katrina to the Gulf States, and (a) IN GENERAL.— There is established in the legislative the extent of the United States government’s (1) HEARINGS AND EVIDENCE.—The Commis- branch the Katrina Commission (in this title preparedness for, and response to, the hurri- sion or, on the authority of the Commission, referred to as the ‘‘Commission’’). cane; any subcommittee or member thereof, may, SEC. ll02. COMPOSITION OF COMMISSION. (5) planning necessary for future cata- for the purpose of carrying out this Act— (a) MEMBERS.—The Commission shall be clysmic events requiring a significant mar- (A) hold such hearings and sit and act at composed of 10 members, of whom— shaling of Federal resources, mitigation, re- such times and places, take such testimony, (1) 1 member shall be appointed by the sponse, and recovery to avoid significant loss receive such evidence, administer such President, who shall serve as chairman of of life; oaths; and the Commission; (6) an analysis as to whether any decisions (B) subject to paragraph (2)(A), require, by (2) 1 member shall be appointed by the differed with respect to response and recov- subpoena or otherwise, the attendance and leader of the Senate (majority or minority ery for different communities, neighbor- testimony of such witnesses and the produc- leader, as the case may be) of the Demo- hoods, parishes, and locations and what tion of such books, records, correspondence, cratic Party, in consultation with the leader problems occurred as a result of a lack of a memoranda, papers, and documents, as the of the House of Representatives (majority or common plan, communication structure, and Commission or such designated sub- minority leader, as the case may be) of the centralized command structure; and committee or designated member may deter- Democratic Party, who shall serve as vice (7) investigate and report to the President mine advisable. chairman of the Commission; and Congress on its findings, conclusions, (2) SUBPOENAS.— (3) 2 members shall be appointed by the and recommendations for immediate correc- (A) ISSUANCE.— senior member of the Senate leadership of tive measures that can be taken to prevent (i) IN GENERAL.—A subpoena may be issued the Democratic Party; problems with Federal response that oc- under this subsection only— (4) 2 members shall be appointed by the curred in the preparation for, and in the (I) by the agreement of the chairman and senior member of the leadership of the House aftermath of, Hurricane Katrina so that fu- the vice chairman; or of Representatives of the Republican Party; ture cataclysmic events are responded to (II) by the affirmative vote of 6 members of (5) 2 members shall be appointed by the adequately. the Commission. senior member of the Senate leadership of SEC. ll04. FUNCTIONS OF COMMISSION. (ii) SIGNATURE.—Subject to clause (i), sub- the Republican Party; and (a) IN GENERAL.—The functions of the Com- poenas issued under this subsection may be (6) 2 members shall be appointed by the mission are to— issued under the signature of the chairman senior member of the leadership of the House (1) conduct an investigation that— or any member designated by a majority of of Representatives of the Democratic Party. (A) investigates relevant facts and cir- the Commission, and may be served by any (b) QUALIFICATIONS; INITIAL MEETING.— cumstances relating to the catastrophic im- person designated by the chairman or by a (1) POLITICAL PARTY AFFILIATION.—Not pacts that Hurricane Katrina exacted upon member designated by a majority of the more than 5 members of the Commission the Gulf Region of the United States espe- Commission. shall be from the same political party. cially in New Orleans and surrounding par- (B) ENFORCEMENT.— (2) NONGOVERNMENTAL APPOINTEES.—An in- ishes, and impacted areas of Mississippi and (i) IN GENERAL.—In the case of contumacy dividual appointed to the Commission may Alabama; and or failure to obey a subpoena issued under not be an officer or employee of the Federal (B) shall include relevant facts and cir- subsection (a), the United States district Government or any State or local govern- cumstances relating to— court for the judicial district in which the ment. (i) Federal emergency response planning subpoenaed person resides, is served, or may (3) OTHER QUALIFICATIONS.—It is the sense and execution at the Federal Emergency be found, or where the subpoena is return- of Congress that individuals appointed to the Management Agency, the Department of able, may issue an order requiring such per- Commission should be prominent United Homeland Security, the White House, and all son to appear at any designated place to tes- States citizens who represent a diverse range other Federal entities with responsibility for tify or to produce documentary or other evi- of citizens and enjoy national recognition assisting during, and responding to, natural dence. Any failure to obey the order of the and significant depth of experience in such disasters; court may be punished by the court as a con- professions as governmental service, emer- (ii) military and law enforcement response tempt of that court. gency preparedness, mitigation planning, planning and execution; (ii) ADDITIONAL ENFORCEMENT.—In the case cataclysmic planning and response, intergov- (iii) Federal mitigation plans, programs, of any failure of any witness to comply with ernmental management, resource planning, and policies including prior assessments of any subpoena or to testify when summoned recovery operations and planning, Federal existing vulnerabilities and exercises de- under authority of this section, the Commis- coordination, military coordination, and signed to test those vulnerabilities; sion may, by majority vote, certify a state- other extensive natural disaster and emer- (iv) Federal, State, and local communica- ment of fact constituting such failure to the gency response experience. tion interoperability successes and failures; appropriate United States attorney, who (4) DEADLINE FOR APPOINTMENT.—All mem- (v) past, present, and future Federal budg- may bring the matter before the grand jury bers of the Commission shall be appointed on etary provisions for preparedness, mitiga- for its action, under the same statutory au- or before October 1, 2005. tion, response, and recovery; thority and procedures as if the United (5) INITIAL MEETING.—The Commission (vi) the Federal Emergency Management States attorney had received a certification shall meet and begin the operations of the Agency’s response capabilities as an inde- under sections 102 through 104 of the Revised Commission as soon as practicable. pendent agency and as part of the Depart- Statutes of the United States (2 U.S.C. 192 (c) QUORUM; VACANCIES.—After its initial ment of Homeland Security; through 194). meeting, the Commission shall meet upon (vii) the role of congressional oversight (b) CONTRACTING.—The Commission may, the call of the chairman or a majority of its and resource allocation; to such extent and in such amounts as are members. Six members of the Commission (viii) other areas of the public and private provided in appropriation Acts, enter into shall constitute a quorum. Any vacancy in sectors determined relevant by the Commis- contracts to enable the Commission to dis- the Commission shall not affect its powers, sion for its inquiry; and charge its duties under this title. but shall be filled in the same manner in (ix) long-term needs for people impacted by (c) INFORMATION FROM FEDERAL AGEN- which the original appointment was made. Hurricane Katrina and other forms of Fed- CIES.—

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9801

(1) IN GENERAL.—The Commission is au- tion 2105 of title 5, United States Code, for (b) DURATION OF AVAILABILITY.—Amounts thorized to secure directly from any execu- purposes of chapters 63, 81, 83, 84, 85, 87, 89, made available to the Commission under tive department, bureau, agency, board, and 90 of that title. subsection (a) shall remain available until commission, office, independent establish- (B) MEMBERS OF COMMISSION.—Subpara- the termination of the Commission. ment, or instrumentality of the Government, graph (A) shall not be construed to apply to NOTICE OF INTENT information, suggestions, estimates, and sta- members of the Commission. Mr. DORGAN. Mr. President, I sub- (b) DETAILEES.—Any Federal Government tistics for the purposes of this title. Each de- mit the following notice in writing: In partment, bureau, agency, board, commis- employee may be detailed to the Commission sion, office, independent establishment, or without reimbursement from the Commis- accordance with rule V of the Standing instrumentality shall, to the extent author- sion, and such detailee shall retain the Rules of the Senate, I hereby give no- ized by law, furnish such information, sug- rights, status, and privileges of his or her tice in writing that it is my intention gestions, estimates, and statistics directly to regular employment without interruption. to move to suspend paragraph 4 of rule the Commission, upon request made by the (c) CONSULTANT SERVICES.—The Commis- XVI for the purpose of proposing to the chairman, the chairman of any sub- sion is authorized to procure the services of bill H.R. 2862 the following amendment: committee created by a majority of the experts and consultants in accordance with S.A. 1670 Commission, or any member designated by a section 3109 of title 5, United States Code, majority of the Commission. but at rates not to exceed the daily rate paid At the appropriate place, insert the fol- (2) RECEIPT, HANDLING, STORAGE, AND DIS- a person occupying a position at level IV of lowing: SEMINATION.—Information shall only be re- the Executive Schedule under section 5315 of TITLE ll—SPECIAL COMMITTEE OF SEN- ceived, handled, stored, and disseminated by title 5, United States Code. ATE ON WAR AND RECONSTRUCTION members of the Commission and its staff SEC. ll08. COMPENSATION AND TRAVEL EX- CONTRACTING PENSES. consistent with all applicable statutes, regu- SEC. ll01. FINDINGS. (a) COMPENSATION.—Each member of the lations, and Executive orders. Congress makes the following findings: Commission may be compensated at not to (d) ASSISTANCE FROM FEDERAL AGENCIES.— (1) The wars in Iraq and Afghanistan have exceed the daily equivalent of the annual (1) GENERAL SERVICES ADMINISTRATION.— exerted very large demands on the Treasury rate of basic pay in effect for a position at The Administrator of General Services shall of the United States and required tremen- level IV of the Executive Schedule under sec- provide to the Commission on a reimburs- dous sacrifice by the members of the Armed tion 5315 of title 5, United States Code, for able basis administrative support and other Forces of the United States. each day during which that member is en- services for the performance of the Commis- (2) Congress has a constitutional responsi- gaged in the actual performance of the du- sion’s functions. bility to ensure comprehensive oversight of ties of the Commission. (2) OTHER DEPARTMENTS AND AGENCIES.—In the expenditure of United States Govern- addition to the assistance prescribed in para- (b) TRAVEL EXPENSES.—While away from their homes or regular places of business in ment funds. graph (1), departments and agencies of the (3) Waste and corporate abuse of United United States may provide to the Commis- the performance of services for the Commis- sion, members of the Commission shall be al- States Government resources are particu- sion such services, funds, facilities, staff, and larly unacceptable and reprehensible during other support services as they may deter- lowed travel expenses, including per diem in lieu of subsistence, in the same manner as times of war. mine advisable and as may be authorized by (4) The magnitude of the funds involved in law. persons employed intermittently in the Gov- ernment service are allowed expenses under the reconstruction of Afghanistan and Iraq (e) GIFTS.—The Commission may accept, section 5703(b) of title 5, United States Code. and the war on terrorism, together with the use, and dispose of gifts or donations of serv- speed with which these funds have been com- ices or property. SEC. ll09. SECURITY CLEARANCES FOR COM- MISSION MEMBERS AND STAFF. mitted, presents a challenge to the effective (f) POSTAL SERVICES.—The Commission The appropriate Federal agencies or de- performance of the traditional oversight may use the United States mails in the same partments shall cooperate with the Commis- function of Congress and the auditing func- manner and under the same conditions as de- sion in expeditiously providing to the Com- tions of the executive branch. partments and agencies of the United States. mission members and staff appropriate secu- (5) The Senate Special Committee to Inves- SEC. ll06. NONAPPLICABILITY OF FEDERAL AD- rity clearances to the extent possible pursu- tigate the National Defense Program, popu- VISORY COMMITTEE ACT. ant to existing procedures and requirements, larly know as the Truman Committee, which (a) IN GENERAL.—The Federal Advisory except that no person shall be provided with was established during World War II, offers a Committee Act (5 U.S.C. App.) shall not access to classified information under this constructive precedent for bipartisan over- apply to the Commission. title without the appropriate security clear- sight of wartime contracting that can also (b) PUBLIC MEETINGS AND RELEASE OF PUB- ances. be extended to wartime and postwar recon- LIC VERSIONS OF REPORTS.—The Commission struction activities. SEC. ll10. REPORTS OF COMMISSION; TERMI- shall— NATION. (6) The Truman Committee is credited with (1) hold public hearings and meetings to (a) INTERIM REPORTS.—The Commission an extremely successful investigative effort, the extent appropriate; and may submit to the President and Congress performance of a significant public edu- (2) release public versions of the reports re- interim reports containing such findings, cation role, and achievement of fiscal sav- quired under section ll10. conclusions, and recommendations for cor- ings measured in the billions of dollars. (c) PUBLIC HEARINGS.—Any public hearings rective measures as have been agreed to by a (7) The public has a right to expect that of the Commission shall be conducted in a majority of Commission members. taxpayer resources will be carefully dis- manner consistent with the protection of in- (b) FINAL REPORT.—Not later than 6 bursed and honestly spent. formation provided to or developed for or by months after the date of the enactment of SEC. ll02. SPECIAL COMMITTEE ON WAR AND the Commission as required by any applica- this title, the Commission shall submit to RECONSTRUCTION CONTRACTING. ble statute, regulation, or Executive order. the President and Congress a final report There is established a special committee of SEC. ll07. STAFF OF COMMISSION. containing such findings, conclusions, and the Senate to be known as the Special Com- (a) IN GENERAL.— recommendations for corrective measures as mittee on War and Reconstruction Con- (1) APPOINTMENT AND COMPENSATION.—The have been agreed to by a majority of Com- tracting (hereafter in this title referred to as chairman, in consultation with the vice mission members. the ‘‘Special Committee’’). chairman, in accordance with rules agreed (c) TERMINATION.— SEC. ll03. PURPOSE AND DUTIES. upon by the Commission, may appoint and (1) IN GENERAL.—The Commission, and all (a) PURPOSE.—The purpose of the Special fix the compensation of a staff director and the authorities of this Act, shall terminate Committee is to investigate the awarding such other personnel as may be necessary to 60 days after the date on which the final re- and performance of contracts to conduct enable the Commission to carry out its func- port is submitted under subsection (b). military, security, and reconstruction actions, without regard to the provisions of (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- tivities in Afghanistan and Iraq and to sup- title 5, United States Code, governing ap- MINATION.—The Commission may use the 60- port the prosecution of the war on terrorism. pointments in the competitive service, and day period referred to in paragraph (1) for (b) DUTIES.—The Special Committee shall without regard to the provisions of chapter the purpose of concluding its activities, in- examine the contracting actions described in 51 and subchapter III of chapter 53 of such cluding providing testimony to committees subsection (a) and report on such actions, in title relating to classification and General of Congress concerning its reports and dis- accordance with this section, regarding— Schedule pay rates, except that no rate of seminating the final report. (1) bidding, contracting, accounting, and pay fixed under this subsection may exceed SEC. ll11. FUNDING. auditing standards for Federal Government the equivalent of that payable for a position (a) EMERGENCY APPROPRIATION OF FUNDS.— contracts; at level V of the Executive Schedule under There are authorized to be appropriated (2) methods of contracting, including sole- section 5316 of title 5, United States Code. $3,000,000 for purposes of the activities of the source contracts and limited competition or (2) PERSONNEL AS FEDERAL EMPLOYEES.— Commission under this title and such fund- noncompetitive contracts; (A) IN GENERAL.—The executive director ing is designated as emergency spending (3) subcontracting under large, comprehen- and any personnel of the Commission who under section 402 of H. Con. Res. 95 (109th sive contracts; are employees shall be employees under sec- Congress). (4) oversight procedures;

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9802 CONGRESSIONAL RECORD — SENATE September 8, 2005 (5) consequences of cost-plus and fixed tion, study, and hearings conducted by the the committee or committees that have ju- price contracting; Special Committee shall be governed by the risdiction over the subject matter of the re- (6) allegations of wasteful and fraudulent Standing Rules of the Senate. port. practices; (b) ADDITIONAL RULES AND PROCEDURES.— SEC. ll08. ADMINISTRATIVE PROVISIONS. (7) accountability of contractors and Gov- The Special Committee may adopt addi- (a) STAFF.— ernment officials involved in procurement tional rules or procedures if the chairman (1) IN GENERAL.—The Special Committee and contracting; and ranking member agree that such addi- may employ in accordance with paragraph (8) penalties for violations of law and tional rules or procedures are necessary to (2) a staff composed of such clerical, inves- abuses in the awarding and performance of enable the Special Committee to conduct the tigatory, legal, technical, and other per- Government contracts; and investigation, study, and hearings author- sonnel as the Special Committee, or the (9) lessons learned from the contracting ized by this resolution. Any such additional chairman or the ranking member, considers process used in Iraq and Afghanistan and in rules and procedures— necessary or appropriate. connection with the war on terrorism with (1) shall not be inconsistent with this reso- (2) APPOINTMENT OF STAFF.— respect to the structure, coordination, man- lution or the Standing Rules of the Senate; (A) IN GENERAL.—The Special Committee agement policies, and procedures of the Fed- and shall appoint a staff for the majority, a staff eral Government. (2) shall become effective upon publication for the minority, and a nondesignated staff. (c) INVESTIGATION OF WASTEFUL AND in the Congressional Record. (B) MAJORITY STAFF.—The majority staff FRAUDULENT PRACTICES.—The investigation SEC. ll06. AUTHORITY OF SPECIAL COMMITTEE. shall be appointed, and may be removed, by by the Special Committee of allegations of (a) IN GENERAL.—The Special Committee the chairman and shall work under the gen- wasteful and fraudulent practices under sub- may exercise all of the powers and respon- eral supervision and direction of the chair- section (b)(6) shall include investigation of sibilities of a committee under rule XXVI of man. allegations regarding any contract or spend- the Standing Rules of the Senate. (C) MINORITY STAFF.—The minority staff ing entered into, supervised by, or otherwise (b) HEARINGS.—The Special Committee or, shall be appointed, and may be removed, by involving the Coalition Provisional Author- at its direction, any subcommittee or mem- the ranking member of the Special Com- ity, regardless of whether or not such con- ber of the Special Committee, may, for the mittee, and shall work under the general su- tract or spending involved appropriated purpose of carrying out this resolution— pervision and direction of such member. funds of the United States. (1) hold such hearings, sit and act at such (D) NONDESIGNATED STAFF.—Nondesignated (d) EVIDENCE CONSIDERED.—In carrying out times and places, take such testimony, re- staff shall be appointed, and may be re- its duties, the Special Committee shall as- ceive such evidence, and administer such moved, jointly by the chairman and the certain and evaluate the evidence developed oaths as the Special Committee or such sub- ranking member, and shall work under the by all relevant governmental agencies re- committee or member considers advisable; joint general supervision and direction of the garding the facts and circumstances relevant and chairman and ranking member. to contracts described in subsection (a) and (2) require, by subpoena or otherwise, the (b) COMPENSATION.— any contract or spending covered by sub- attendance and testimony of such witnesses (1) MAJORITY STAFF.—The chairman shall section (c). and the production of such books, records, fix the compensation of all personnel of the SEC. ll04. COMPOSITION OF SPECIAL COM- correspondence, memoranda, papers, docu- majority staff of the Special Committee. MITTEE. ments, tapes, and materials as the Special (2) MINORITY STAFF.—The ranking member (a) MEMBERSHIP.— Committee considers advisable. shall fix the compensation of all personnel of (1) IN GENERAL.—The Special Committee (c) ISSUANCE AND ENFORCEMENT OF SUB- the minority staff of the Special Committee. shall consist of 7 members of the Senate of POENAS.— (3) NONDESIGNATED STAFF.—The chairman whom— (1) ISSUANCE.—Subpoenas issued under sub- and ranking member shall jointly fix the (A) 4 members shall be appointed by the section (b) shall bear the signature of the compensation of all nondesignated staff of President pro tempore of the Senate, in con- Chairman of the Special Committee and the Special Committee, within the budget sultation with the majority leader of the shall be served by any person or class of per- approved for such purposes for the Special Senate; and sons designated by the Chairman for that Committee. (B) 3 members shall be appointed by the purpose. (c) REIMBURSEMENT OF EXPENSES.—The minority leader of the Senate. (2) ENFORCEMENT.—In the case of contu- Special Committee may reimburse the mem- (2) DATE.—The appointments of the mem- macy or failure to obey a subpoena issued bers of its staff for travel, subsistence, and bers of the Special Committee shall be made under subsection (a), the United States dis- other necessary expenses incurred by such not later than 90 days after the date of the trict court for the judicial district in which staff members in the performance of their enactment of this Act. the subpoenaed person resides, is served, or functions for the Special Committee. (d) PAYMENT OF EXPENSES.—There shall be (b) VACANCIES.—Any vacancy in the Spe- may be found may issue an order requiring paid out of the applicable accounts of the cial Committee shall not affect its powers, such person to appear at any designated Senate such sums as may be necessary for but shall be filled in the same manner as the place to testify or to produce documentary the expenses of the Special Committee. Such original appointment. or other evidence. Any failure to obey the payments shall be made on vouchers signed (c) SERVICE.—Service of a Senator as a order of the court may be punished by the by the chairman of the Special Committee member, chairman, or ranking member of court as a contempt of that court. and approved in the manner directed by the the Special Committee shall not be taken (d) MEETINGS.—The Special Committee Committee on Rules and Administration of into account for the purposes of paragraph may sit and act at any time or place during the Senate. Amounts made available under (4) of rule XXV of the Standing Rules of the sessions, recesses, and adjournment periods this subsection shall be expended in accord- Senate. of the Senate. ance with regulations prescribed by the Com- (d) CHAIRMAN AND RANKING MEMBER.—The SEC. ll07. REPORTS. mittee on Rules and Administration of the chairman of the Special Committee shall be (a) INITIAL REPORT.—The Special Com- Senate. designated by the majority leader of the Sen- mittee shall submit to the Senate a report ate, and the ranking member of the Special SEC. ll09. TERMINATION. on the investigation conducted pursuant to The Special Committee shall terminate on Committee shall be designated by the minor- section ll03 not later than 270 days after February 28, 2007. ity leader of the Senate. the appointment of the Special Committee SEC. ll10. SENSE OF SENATE ON CERTAIN (e) QUORUM.— members. CLAIMS REGARDING THE COALITION (1) REPORTS AND RECOMMENDATIONS.—A ma- (b) UPDATED REPORT.—The Special Com- PROVISIONAL AUTHORITY. jority of the members of the Special Com- mittee shall submit an updated report on It is the sense of the Senate that any claim mittee shall constitute a quorum for the pur- such investigation not later than 180 days of fraud, waste, or abuse under the False pose of reporting a matter or recommenda- after the submission of the report under sub- Claims Act that involves any contract or tion to the Senate. section (a). spending by the Coalition Provisional Au- (2) TESTIMONY.—One member of the Special (c) ADDITIONAL REPORTS.—The Special thority should be considered a claim against Committee shall constitute a quorum for the Committee may submit any additional re- the United States Government. purpose of taking testimony. port or reports that the Special Committee Ms. MIKULSKI. Mr. President, I sug- (3) OTHER BUSINESS.—A majority of the considers appropriate. 1 gest the absence of a quorum. members of the Special Committee, or ⁄3 of (d) FINDINGS AND RECOMMENDATIONS.—The The PRESIDING OFFICER. The the members of the Special Committee if at reports under this section shall include find- least one member of the minority party is clerk will call the roll. ings and recommendations of the Special The assistant legislative clerk pro- present, shall constitute a quorum for the Committee regarding the matters considered ceeded to call the roll. purpose of conducting any other business of under section ll03. Mr. REED. Mr. President, I ask unan- the Special Committee. (e) DISPOSITION OF REPORTS.—Any report SEC. ll05. RULES AND PROCEDURES. made by the Special Committee when the imous consent that the order for the (a) GOVERNANCE UNDER STANDING RULES OF Senate is not in session shall be submitted to quorum call be dispensed with. SENATE.—Except as otherwise specifically the Clerk of the Senate. Any report made by The PRESIDING OFFICER. Without provided in this resolution, the investiga- the Special Committee shall be referred to objection, it is so ordered.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9803 Mr. REED. Mr. President, I ask unan- Katrina, the expense to rebuild, and in the recovery after such an emer- imous consent to speak as in morning the need to provide for low-income and gency. We must do better. business for up to 10 minutes. working families in light of this dis- As the recovery efforts for the vic- The PRESIDING OFFICER. Without aster will add to our growing debt. We tims of Hurricane Katrina continue, we objection, it is so ordered. must prioritize and deal with the needs must stand beside the survivors to pro- HURRICANE KATRINA of the most vulnerable among us. vide relief and assistance for their im- Mr. REED. Mr. President, I want to For decades, we have known that mediate needs now. For this reason, I join my colleagues and all Americans New Orleans is in harm’s way. Senator am cosponsoring Senator REID’s in offering my condolences and my LANDRIEU has often spoken passion- Katrina Emergency Relief Act, which prayers to the residents of the gulf re- ately about the Federal Government’s will help get these families by pro- gion. These families have suffered duty to help protect wetlands in order viding medical coverage, housing the grievously. They have lost all of their to safeguard coastal states. Yet, we homeless, educating children, and of- possessions. They are without homes, continued to allow coastal wetlands to fering financial assistance. without employment. We owe them a degrade and cut funding to vital pro- Hurricane Katrina upset the lives of great deal of support and consider- grams to protect these natural buffers millions, displacing families from their ation, and, indeed, as I say again, all as well as man-made levees to protect homes and inflicting severe economic our prayers. New Orleans. The flood waters from the damage. Neighborhoods that were once As news reports show, there are he- city of New Orleans must be drained in called home are now wastelands, and roes throughout the gulf—those who an expedient fashion. However, we people are concerned their lives may helped neighbors survive the hurricane must not ignore the environmental im- never be the same. The economic im- and those who continue to work in the pact that these heavily contaminated pacts are being felt by low-income and region to help reunite families and re- waters will have on the long-term pub- working American families throughout store order. lic and environmental health of the the nation. Indeed, there is an immi- Americans throughout the Nation city. nent emergency confronting millions are opening their homes to hurricane The stagnant waters engulfing New of low-income Americans caused by survivors and volunteering their time Orleans for the past week contain a soaring energy cost and diminishing af- and resources to meet the needs of myriad of contaminants, including fordability of home heating fuel as evacuees. But while this disaster shows human waste, oil, and even dead bod- winter approaches. The administration the best that America can offer, it also ies. This toxic mixing bowl is rife with cannot ignore this looming crisis. The shows the worst. It shows that the Fed- disease and harmful chemicals. We are administration must request emer- eral bureaucracy is ill prepared to re- facing a potential ecological disaster gency funding for the Low Income spond to a natural catastrophe that we as these flood waters continue to be Home Energy Assistance Program so knew was possible. It shows the Fed- dumped into the surrounding area, and that these families can remain safe eral bureaucracy ill prepared to re- I am greatly concerned that the impact this winter. I also encourage the ad- spond to future potential disasters. will be seen for years to come. New Or- ministration, and my colleagues, to It shows a government so tied up in leans is surrounded by Lake Pont- support greater investment in energy red tape that it is not serving its peo- chartrain, the Mississippi River, and conservation programs such as the ple at their time of need. many precious wetlands. All of these Weatherization Assistance Program In the days, weeks, and months bodies of water drain directly into the and the State Energy Program to help families. ahead, we will be investigating what Gulf of Mexico. In one way, Hurricane Katrina holds went wrong, and there will be plenty of Now is the time not only to evaluate, parallels to other situations. We could blame to pass around, but we cannot but also to act to prevent further eco- have anticipated this phenomenon. The blame the victims of this tragedy as logical damage in the region. More reports of the class V hurricane were some have chosen to do. Many families must be done to ensure that while we available to all Federal officials, State in the gulf region did not have the re- are clearing the city of New Orleans officials, and local officials. We knew sources or means to leave before Hurri- from this devastating flood, we are also the levees in New Orleans were not de- cane Katrina struck because this ad- working toward its future rejuvena- signed to withstand anything more ministration’s economic policy favored tion. than a class III. Yet we were not ready. tax cuts for the wealthy over programs Our primary focus must be on getting This administration ignored what that provide economic opportunities rid of the red tape and getting aid and should have been obvious. We had to be for all Americans. Over the last 3 assistance to those displaced by Hurri- ready for a severe hurricane with dev- years, poverty has risen in America cane Katrina. But we must also begin astating consequences in New Orleans. and the real median income of workers to ask how did this happen. The only This administration was not. stagnated. We must be willing to look way to do that effectively and apoliti- This also speaks to what may happen honestly at how budget decisions and cally is to have an independent com- in the future. This should give Ameri- tax policy at Federal, State, and local mission to investigate the long-term cans pause if they think about another level left New Orleans residents and impact of Hurricane Katrina on the natural disaster and, God forbid, per- other communities vulnerable to this people of the gulf region and on our haps an intentional mass-casualty ef- tragedy. We must look honestly at how Federal Government’s response to this fect in the United States. If we bring these policies continue to leave mil- disaster as well as our ability to re- this same level of expertise and skill lions of Americans vulnerable across spond to future events. The bicameral and insight, then we surely will see an- the Nation. commission announced yesterday by other major disaster on our hands. I Hurricane Katrina demonstrated the the Majority Leader and the Speaker is hope we do not. That is why it is im- economic, social, and racial divides not the answer. Having the President portant to look carefully and closely at that exists in America. As a Nation we head up a task force to investigate his what transpired and to do so through must step back and evaluate our prior- Administration’s response is not suffi- an independent commission. I hope we ities. In my judgment, now is not the cient. The only way the people of the learn from this and apply it to the fu- time to cut funding for social programs gulf region and the people of America ture, but most particularly, I hope we such as Medicaid, food stamps, and will get the answers that they deserve give real, immediate, and effective sup- community development block grants is through an independent commission. port to hundreds of thousands, perhaps while the administration pushes to re- I also support efforts to restore the even a million Americans who tonight peal the estate tax. Now is not the Federal Emergency Management Agen- still endure the devastation of Hurri- time to continue to provide corporate cy, FEMA, to an independent, cabinet- cane Katrina. tax breaks, while we must help rebuild level agency to ensure its effectiveness I yield the floor. a region in the midst of massive defi- in preparing for and responding to The PRESIDING OFFICER. The Sen- cits as a result of the administration’s these types of events. FEMA’s director ator from California. policies. The damage to the national must have the qualifications and abili- Mrs. FEINSTEIN. Mr. President, I economy wrought by Hurricane ties to plan for, respond to, and assist rise to engage in a colloquy with the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9804 CONGRESSIONAL RECORD — SENATE September 8, 2005 chairman and ranking member of the bill from the House, with 90 minutes of ment to the budget resolution that Subcommittee on Commerce, Justice debate equally divided, with 30 minutes SCAAP should be appropriated at a and Science on funding for SCAAP, the from the majority side under the con- level of $750 million. While I recognize State Criminal Alien Assistance Pro- trol of Senator COBURN, with no we cannot reach that number, the gram. I also understand my colleague amendments being in order. I further House bill does provide $405 million for from Texas, Senator HUTCHISON, would ask consent that following the use or this program. As this bill moves for- also like to discuss the importance of yielding back of the time, the bill be ward, I hope we will agree to the House this program to her State. read a third time and the Senate pro- funding level in conference. I ask the I begin by thanking the chairman, ceed to a vote on passage without any chairman and the ranking member to Chairman SHELBY, and the ranking intervening action or debate. work with us on this issue. member, Senator MIKULSKI, for includ- Let me modify this. We will proceed The PRESIDING OFFICER. The Sen- ing $200 million in funding for this pro- to the immediate consideration of H.R. ator from Texas. 3673 immediately following the state- gram, with a carve-out of $30 million Mrs. HUTCHISON. Mr. President, I ment by the Senator from California for the Southwest Border Prosecution thank my good friend and colleague Program. That is good. The problem is, and the Senator from Texas. from California, Senator FEINSTEIN, for it is not enough. With the rising costs Mr. REID. Reserving the right to object, I am wondering if the two distin- bringing this issue forward again. She associated with criminal alien incar- has been dedicated to SCAAP funding. ceration, I had hoped the Senate would guished Senators from California and I want to also mention Senator JON see fit to increase the funding for this Texas could give us an indication— KYL from Arizona who has always program over last year’s allocation of there are Members wanting to know stepped in when we had an appropria- $305 million. Instead, it is down to $200 when we will vote—as to how much tions bill to make sure our States got million, with $30 million reserved for time they will require. some reimbursement for their costs of the prosecutor’s program. Mrs. FEINSTEIN. I have a very short Immigration policy and control of time. We will wrap this up in 10 min- incarcerating illegal aliens. Unfortu- our borders is an exclusively Federal utes. nately, as Senator FEINSTEIN has said, Mrs. HUTCHISON. I am happy for responsibility. We all know this. Yet in we have more and more illegal aliens you to start the time running right our State prisons and our county jails, coming into our country and, unfortu- now and give us the first 5 minutes to there is an incurrence of very heavy nately, committing crimes. finish this colloquy. This is a Federal responsibility. The costs in incarcerating undocumented Mr. REID. Mr. President, if I could, criminal aliens. Taxpayers should not counties along the border States on the Democratic side the time will be should not have to fund what is a Fed- have to foot the bill for incarcerating divided in the following manner: Sen- illegal aliens convicted of criminal of- eral responsibility. Incarcerating ille- ator BYRD, 15 minutes; Senator REID of fenses who are in State and local jails. gal aliens for criminal activities is ab- Nevada, 10 minutes; Senator KENNEDY, There is a growing belief among solutely a Federal responsibility. So I 5 minutes; Senator DURBIN, 5 minutes; many in this country that the immi- join my colleague, Senator FEINSTEIN, and Senator CLINTON, 10 minutes. That gration situation is out of control. This in urging the chairman and ranking uses our 45 minutes. member of this subcommittee to ac- year, the Pew Hispanic Center released Mr. FRIST. Mr. President, I ask the cept the House position when we go to a study which shows that between 2000 unanimous consent request as pro- conference. Mr. President, $200 million and 2004, approximately 3.1 million in- pounded follow the completion of the does not cover a 10th of the cost to the dividuals entered the country without statement by the Senator from Cali- border States in reimbursing them for proper authorization. That is approxi- fornia and the Senator from Texas. mately 700,000 a year. Compare that to The PRESIDING OFFICER (Mr. the incarceration of criminal aliens. And $400 million goes a much longer the fact that in 2003, Border Patrol THUNE). Without objection, it is so or- agents apprehended somewhat over 1 dered. way. I think it is a minimum. million individuals seeking to enter The Senator from California. All of us realize that illegal immigra- the country illegally. It is said that for Mrs. FEINSTEIN. Mr. President, I tion must be stopped in our country. every one individual caught, three thank the majority leader and the We must know who is in our country more enter illegally. If that is the case, Democratic leader. for security purposes, and we must be nearly 3 million seek to enter the coun- To give a couple of recent statistics, able to deport or incarcerate people try illegally in a given year. the General Accountability Office con- who are here illegally and commit These costs are borne by our local ducted a study of those criminal aliens crimes in our country. educators, our hospitals, and our law incarcerated in Federal, State, and I hope the committee chairman and enforcement officials. Let me use Cali- local prisons. They found the following ranking member will work with us to fornia as an example. This is based on regarding State jails: In fiscal year increase the number from the Senate a comprehensive study conducted by 2003, 47 States received reimbursement position of $200 million to the House the Department of Finance. They esti- for incarcerating 74,000 criminal aliens. position of $400 million, at a minimum. mate—and this goes back to costs in Four States alone spent a total of $1.6 I thank the Senator from California for 1994–1995—$400 million for corrections billion in fiscal years 2002 and 2003 to bringing this forward once again. for 23,000 individuals; $400 million for incarcerate criminal aliens. Yet they The PRESIDING OFFICER. The Sen- 390,000 patients; and $1.7 billion for K– were only reimbursed $233 million ator from California. 12 education. That is a total of $2.5 bil- through this program. That is only 15 Mrs. FEINSTEIN. Mr. President, I lion. percent of the total spent by these thank the Senator from Texas. I also Mr. REID. Will the Senator yield? States. So the Federal Government is acknowledge as well Senator KYL’s Mrs. FEINSTEIN. Certainly. only reimbursing States 15 percent of work in this area. It seems to me those Mr. REID. We have a unanimous con- what they actually spend on incarcer- of us from the Southwest or whose bor- sent request to be offered on the emer- ation costs. That is local costs, that is ders are in the Southwest have been gency supplemental. We will return as State costs. soon as this is offered. I can go on, but I want my colleagues beating this drum year after year. The PRESIDING OFFICER. The ma- to understand that the diversion of dol- Sometimes we make a little bit of jority leader. lars from agencies such as the Los An- progress, but very often we do not. This is a very bad year in terms of the UNANIMOUS CONSENT AGREEMENT—H.R. 3673 geles County Sheriff’s Department to Mr. FRIST. We will be very brief. I house criminal aliens has real oper- amount and the need. appreciate the consideration of the dis- ational impact on their law enforce- So I thank the distinguished chair- tinguished Senator from California. ment activities—fighting drugs, street man of the Military Construction Sub- Mr. President, I ask unanimous con- gangs, and other pressing law enforce- committee. I always appreciate work- sent that the Senate now proceed to ment operations. ing with her, and this is one more in- the immediate consideration of H.R. On March 17 of this year, the Senate stance of that. 3673, the supplemental appropriations agreed to a sense-of-the-Senate amend- Mr. President, I yield the floor.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9805 MAKING FURTHER EMERGENCY The administration has requested As we have seen over the past 12 SUPPLEMENTAL APPROPRIATIONS $51.8 billion in this supplemental. That days, America is a compassionate, gen- The PRESIDING OFFICER. Under breaks down to $50 billion for FEMA, erous Nation. People from all over have the previous order, the Senate will con- $1.4 billion for the Defense Department, poured out their hearts, time, and re- sider H.R. 3673, which the clerk will re- and $400 million for the Army Corps of sources to help their neighbors on the port by title. Engineers. gulf coast. Private citizens and busi- The legislative clerk read as follows: We need to pass this bill and get it to nesses have donated hundreds of mil- A bill (H.R. 3673) making further emer- the President for his signature tonight. lions of dollars. Relief organizations gency supplemental appropriations to meet Tens of thousands of volunteers, relief and faith-based organizations are on immediate needs arising from the con- workers, law enforcement and military the front lines every day working val- sequences of Hurricane Katrina, for the fis- personnel are working right now, this iantly to provide material and spiritual cal year ending September 30, 2005, and for very minute, to provide aid, rescue, assistance. other purposes. and recovery. Here in the Senate, we cleared a reso- The PRESIDING OFFICER. The ma- National guardsmen are going block lution last night allowing noncash jority leader is recognized. by submerged block to carry out their Katrina assistance to be solicited and Mr. FRIST. Mr. President, I yield rescues. donated among our Senate employees. myself time as necessary for my state- The Army Corps of Engineers is hard Americans from all across this coun- ment. at work pumping the floodwaters out try and in all walks of life are offering Mr. President, we do turn to the sec- of New Orleans. The water level, hap- hope and love and compassion. It is a ond supplemental—the second supple- pily, has already gone down by 40 per- testament to our Nation’s strength and mental in a week and a half—to ad- cent. They estimate it will take an- to our historic bond as citizens, as dress the natural disaster we have other 21⁄2 months to completely drain Americans. watched unfold, and that has literally the city. Hurricane Katrina now stands as the unfolded in several ways, which is con- Right now, 60,000 U.S. military forces worst natural disaster in our Nation’s tinuing now with both continued recov- are on the ground in Alabama, Lou- history. It is a tragedy of epic propor- ery and people settling around this isiana, and Mississippi, aiding the re- tions. But there is hope and there is de- country. covery. They are providing extensive termination. Yesterday, Speaker HASTERT and I announced the formation of a bi- search and rescue, evacuation, and The gulf coast will recover and re- cameral and bipartisan committee to medical support. build and emerge more modern and Twenty-seven Navy and Coast Guard analyze and conduct a real top-to-bot- more prosperous than ever. It is going tom investigation of the emergency ships are stationed off the gulf coast to be a massive effort. It will take all preparation and response to Hurricane providing supplies and medical treat- of our strength and all of our deter- Katrina. The committee will be made ment. mination. But this is America, and in up of senior Members. They will report FEMA is working around the clock America no challenge is too great. We their findings no later than February to find temporary homes for the thou- rebuilt Chicago. We rebuilt San Fran- 15. sands of displaced families. They are cisco. New Orleans, Biloxi, Mobile, and The review will look at the emer- exhausting every option, including the entire coast will rise again bigger, gency plans that were in place at the military bases, cruise ships, emergency stronger, and better than ever. local, State, and Federal levels, and trailers, vacant properties, and motels. Mr. President, I yield the floor. they will assess how the local, State, All of these efforts are underway, and The PRESIDING OFFICER. Who and Federal governments actually re- they must continue. The lives of hun- yields time? sponded. dreds of thousands of people are at The Senator from Mississippi. It is clear that in some places the re- stake. Mr. COCHRAN. Mr. President, Sen- sponse was simply unacceptable at all Meanwhile, there is still a lot of ators are aware that the bill that has levels of breakdown in systems. I saw work to do, and we are working around come over from the House carries addi- it this weekend firsthand as a medical the clock to do it here in the Senate. tional appropriations for the Depart- volunteer: too little command-and-con- Today, we began consideration of the ment of Homeland Security for disaster trol structure, too little communica- Commerce, Justice, Science appropria- relief in the amount of $50 billion; and tion. America deserves better. America tions bill, which includes critical sup- for the Department of Defense, $1.4 bil- deserves answers. The Senate must do port for recovery and rebuilding ef- lion; and for the U.S. Army Corps of all it can—and we are doing all we can forts. It provides funding for the dis- Engineers, $400 million. right now—to provide immediate relief aster loan program administered by The House has adopted this measure, for the hundreds of thousands of people the Small Business Administration. It and now we are hopeful the Senate will stranded and shattered by last week’s provides grants to State and local au- act tonight so these funds will be made events. thorities, including law enforcement, available immediately to the agencies We urgently need to pass a second for critical equipment such as satellite that are carrying out the disaster relief disaster relief supplemental, and we phones, which are especially critical efforts in the States affected by Hurri- will do that tonight, with no amend- right now where communication is cane Katrina. ments, no delay. It is absolutely crit- spotty and, in places, where sometimes This is a destructive force of monu- ical. communication is even nonexistent. mental proportions, the most wide- Last Thursday’s $10.5 billion emer- The Commerce bill also supports the spread destruction in my State from gency package has been drained—to- National Oceanic and Atmospheric Ad- any natural disaster in history. So the tally drained. As of midnight tonight, ministration, NOAA. NOAA is respon- relief being provided now by the Fed- all of the money will have been spent. sible, as we all know, for researching, eral Government agencies is very And it is good. It shows a positive, forecasting, monitoring, and warning meaningful and deeply appreciated. So rapid, quick response on behalf of our the public of hurricanes such as Hurri- are the voluntary contributions that Federal Government. But it means we cane Katrina. are being made by Americans who are must act; thus this supplemental bill Clearly, we need to pass this bill. We freely, and in a heartfelt way, giving we will be voting on here in about 90 also need to cut the redtape and bu- what they can to help those who are minutes. reaucracy that gets in the way of helpless fortunate. If we were to fail to act, every relief ing people, the redtape and bureauc- Senators are volunteering personal that is going on right this very mo- racy we have heard again and again assistance. The Senator from Illinois, ment, every search-and-rescue oper- slowing the response at every level. BARACK OBAMA, is organizing a team of ation, all of the emergency food that is In the coming days and weeks we will doctors to come to Mississippi to pro- being delivered, and the shelter that is take up legislation that streamlines vide emergency medical care for those being provided, and the medical care the system and gets help to the people who are still in need of that care. Medi- that is being extended, will be without who need it on time, efficiently and cines are being brought with those phy- money when the sun rises tomorrow. quickly. sicians to be administered to those who

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9806 CONGRESSIONAL RECORD — SENATE September 8, 2005 need them. That is one example. There quest, for $51.8 billion, once again be- I urge Senators to support this sup- are many others. cause FEMA is expected to need more plemental appropriations bill. Hurri- Members of Congress are raising money. Today, because of the urgency, cane Katrina is a national disaster. It money on their own volition and then we are approving his second request. I is a national tragedy. And it will take turning it over to the fund that has understand that the President intends a national effort to help our fellow citi- been started by Governor Haley to send a third request, which will be zens rebuild their homes, their cities, Barbour in our State, to collect dona- more comprehensive. Yet, the adminis- and their lives. tions from people who want to help vic- tration has not made any commitment I thank my distinguished colleague, tims, to be used in humanitarian ways, to send that request to the Congress chairman of the Appropriations Com- to help people who are in a desperate quickly. The White House should not, mittee, Mr. COCHRAN, for his contribu- situation, with no housing, no cloth- once again, send that request one day tion. May I say to him, I have person- ing, no food, many of whom are very before FEMA runs out of money and ally been concerned about him, his peo- poor. expect the Congress to rubber stamp ple in Mississippi, his people and Sen- So it is heartwarming to witness the request. I hope the majority leader ator LOTT’s people. I called him and this. I express personally my apprecia- will work with the White House to told him that I wanted to be of assist- tion for all of those who have acted so make sure that the request is sent ance, if I could be, and that any appro- generously on behalf of the victims of quickly so that Congress can debate priations bill that we might appro- this hurricane. the matter. As Senator REID, Senator priate, might send from our committee We have other Senators who have LANDRIEU, and others have pointed out, would have my support. We did this asked for time to speak on this meas- there are many issues about the Fed- promptly. We are going to continue to ure tonight. I know the distinguished eral response to Hurricane Katrina do what we can. I commiserate with Senator from West Virginia has time that should be examined. him as to the tragedy which has be- reserved under the order and the under- As we move forward, we must ask se- fallen his State, his people, our coun- standing for proceeding on this bill. I rious questions about the Govern- try, our people. am happy to yield the floor to him for ment’s failure to help the people of the Mr. President, I yield the floor. any comments he would like to make Gulf States on a timely basis. We want The PRESIDING OFFICER (Mr. at this time, if he chooses to speak. answers—we all want answers—as to CHAMBLISS). The Senator from Mis- The PRESIDING OFFICER. The Sen- why it took so long for rescue teams to sissippi. ator from West Virginia. get on the ground. There is no excuse Mr. COCHRAN. Mr. President, I am Mr. BYRD. Mr. President, Hurricane for the days of delay and the inex- deeply grateful to the distinguished Katrina dealt this country an unspeak- plicable lack of coordination in the re- Senator from West Virginia for his able blow. Tens of thousands of homes sponse effort. The anger and frustra- kind remarks and his cooperation and have been destroyed. Families have tion in our country are justified. presentation of this bill and support of lost everything. Entire cities have been Was the slow response because our the first supplemental appropriations bill, as well as providing funding to try washed away. And, most tragically, resources were committed overseas? to help the disaster victims in my hundreds, perhaps thousands of lives Were lives lost because the Govern- State and the other coastal States that have been lost. Our Gulf States are in ment took its eyes away from the danger? Or because it failed to recognize a were affected by this terrible tragedy. crisis. People have been scattered to I have admired my friend from West cities and homes across the country, as danger at all? That’s one of the issues that most concerns me. We all watched Virginia from the moment I came to the Army Corps of Engineers continues the Senate. I respect his dedication to to pump the water out of the flood the weather radar and saw this storm. Its footprint covered the entire Gulf of the Senate and his conscientious ef- zones. It will take weeks, if not Mexico. We knew the storm was com- forts to effectively represent the State months, for the waters to recede. of West Virginia in the U.S. Senate. I The Congress has responded. Last ing. We knew the danger was coming. Yet, the Government failed to respond. have learned a lot from him, and I con- week, the Congress approved $10.5 bil- tinue to do so as time goes on. lion in emergency supplemental fund- Lives were lost because the Govern- ment failed to do its job. One of the things that has not been ing. And now we are poised to provide What would have happened if this as widely noted, I think, as should have another $51.8 billion. This funding is had been a terrorist attack that we did been is the leadership provided in the likely just a down payment. not see coming? What if a surprise at- gulf coast areas by the local elected The bill that is before the Senate tack breached the levees around Lake leaders. The Governor of my State, provides $50 billion for FEMA Disaster Pontchartrain? How slow would our re- Haley Barbour, has shown an enormous Relief. This funding will provide food, sponse have been then, to a danger that amount of skill, compassion, and deter- water, housing and cash assistance to the Government did not see coming? mination to use all of the available re- the victims of Hurricane Katrina. It The Government clearly was not sources of our State Government to aid also will be used to reimburse the ready to evacuate large numbers of the disaster victims, to get them to many Federal agencies that are in the low-income, disabled and elderly peo- safety, to provide for them, to help in region providing health care, rebuild- ple. Not all people in this country have the debris removal, getting businesses ing roads, providing security and re- jets, helicopters and fleets of SUVs to started again and the schools going. It moving debris. The bill also includes move them around. If there were a ter- has been a challenge of enormous pro- $1.4 billion for the Department of De- rorist attack, would our Government, portions. fense for the deployment of military once again, leave behind the many peo- I was able to visit with him and his personnel to provide relief supplies, ple in this Nation who do not have the team that he had assembled at the Mis- health care, and security, and for re- resources to be mobile? sissippi Emergency Management Of- pairing facilities. Finally, the bill in- It’s time that we put America first. fices on Riverside Drive in Jackson, cludes $400 million for the Corps of En- It’s time that we refocus our energies MS, on my first visit to the State after gineers for emergency repairs to levees and our resources into protecting this the hurricane, and I was very im- and pump stations, and for draining Nation here at home. Reinforce our pressed by the dedication, the willing- flooded areas. The White House expects critical infrastructure. Train and co- ness to work, the voluntarism that was that there will be a need for more fund- ordinate response and rescue efforts. apparent on that occasion and to see ing in early October. Close the gaps. Fix the problems. the results that are being produced by Congress responded to the Presi- The Government’s actions in the the local leaders in my State to ensure dent’s first supplemental request in days following the tragedy were slow the recovery from this disaster. So one day because FEMA was about to and misguided at best, and inept at they are to be commended. We are run out of disaster relief funds. Con- worst. The Federal response effort was going to continue to support them gress approved the President’s $10.5 bil- unacceptable, and the Government from the Federal level to the fullest ex- lion request without amendment. Yes- must do better. Let us pray that this tent of our capability and under- terday afternoon, we received the funding will help to save lives and ease standing of the needs and how we can President’s second supplemental re- the suffering. best do it.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9807 There are safeguards in this bill, Sen- mittee hails from my State. I thank tion, personnel, equipment, chemicals, ators should know, to help protect him for his generosity personally and and drugs to help from the Mississippi against abuse. There are provisions in his comments and all he does to offer gulf coast right into New Orleans. Of the bill requiring the Corps of Engi- comfort on a personal basis. course, they will have a distinctly dif- neers, the Federal Emergency Manage- I thank him for leading in this par- ferent problem in New Orleans. ment Agency to make weekly reports ticular effort and moving this supple- A massive effort is underway. I have on the obligations of their funds. These mental forward. We are both here, but had people say to me: $1 billion a day, can be monitored to ensure that they our hearts are in Mississippi now. We how could that be? You ought to see are consistent with the law and the are here because we want to make sure what is going on and you ought to see needs of the people who have been af- these funds are available and that they the need. fected by this disaster. will get to the people and we will not The Coast Guard has been fantastic. The Department of Defense is re- have the important agencies that are They have saved lives, and they are quired to report within 5 days of any involved run out of money in a day or working today. The Corps of Engineers transfers of funds in this relief effort. two, or three. has been working to clear the channels. In the Federal Emergency Manage- I thank Senator BYRD for calling me The Navy has ships in the area. The ment Agency title, there is $50 billion; last week to check on me. I called him Iwo Jima is in New Orleans. The Bataan $15 million is for the inspector general back and talked with him yesterday. and the Truman are off the coast of to conduct audits, as authorized by He was very kind and very generous. I Mississippi. The USNS Comfort is pull- law, to ensure that the funds are being want people to know we do check on ing into the area so we can house per- disbursed as authorized by law and in each other and check on each other’s sonnel, people who need help if the hos- accordance with the understanding of wives. He has been very generous with pitals can’t help them, and to give peo- the needs of the people who are af- that. I thank these two men for their ple a place to spend a night inside and fected by this disaster. leadership, and I thank the Senate for get a good meal. This has never been We do not want waste. We do not their personal concerns. done before, so there is a massive ef- want abuse of these programs. We want A lot of Senators are not just offer- fort. them to be administered with integrity ing concerns, they are offering help. Senator COCHRAN and I flew from Bi- and an adherence to the principles of They are sending truckloads of help. loxi, MS, over to New Orleans, and law. They are making personal contribu- then I came back on a helicopter last I want Senators to understand we are tions to charities. It is very heart- Friday. It was similar to being in a war not taking this money and pouring it warming on both sides of the aisle. zone. Honestly—fires burning, water out on the ground. We are trying to de- I was pleased to see the House take rising, helicopters bringing in injured this matter up promptly and pass it vise ways to see that it gets to the peo- people. There were helicopters all over overwhelmingly. Over 400 House Mem- ple who need it, who are entitled to it the place. I was very nervous, quite bers voted for it; 11 voted nay. Now we under the provisions of the disaster frankly. have it, and we have an agreement legislation that we passed in earlier The point I am trying to make is, with the leadership on the Democratic disasters. there is a huge effort underway, a big side that we would have a time limit Mr. President, I know other Senators push of supplies, equipment, people and that we were not going to have a have asked for recognition. I see my who are working to save people’s lives long amendment process because this colleague on the floor, Senator LOTT, to this very day and to give us a money is needed. who personally has suffered tremen- I want to emphasize to my colleague chance to get back up so we can help dous damage and loss of his home on that we want to make sure this money people go back to work. It is the worst I have ever seen. For the gulf coast, who has worked tire- gets to the right place, the right peo- 37 years, I have dealt with hurricanes, lessly—I have observed it—on the ple, and in the right way. We will be phones, traveling back and forth from very careful to make sure these con- tornadoes, floods, ice storms, every- the State, interacting with Members of tracts are done properly. thing but locusts, and I am expecting the House to help shape this legislation I was speaking to the Governor of our them to arrive very soon. But this so it provides meaningful relief not State a few minutes ago. They are beats all I have ever seen, and it is only for the victims in our State but going to be monitoring this very care- going to be so hard to deal with the throughout the gulf coast region. fully. We have the best quality of elect- magnitude of the debris, let alone the I commend him and salute him and ed officials in my State we ever had, human tragedies with which we are want him to know we are standing with Democrat and Republican. I believe going to be dealing. him and trying to provide all the sup- that. We have leaders up and down the We need this help. We need this port and assistance we know how to line in the State offices, and we have money. Some people are saying it is provide to help overcome the ravages young, dynamic mayors who had their not going perfectly well. It never does. of this hurricane. towns wiped out. We have old experi- I have been through this every time. The PRESIDING OFFICER. The Sen- enced mayors who can pull all the com- Every time we have trouble getting ator from Mississippi. munities together, and they are doing temporary housing into the area. We Mr. LOTT. Mr. President, I inquire of a wonderful job. Supervisors are doing have trouble moving them from Geor- my distinguished colleague, the senior a great job too. gia, pre-positioned in Mississippi, so we Senator from Mississippi, has he made We will monitor this very closely. We can get them to the people. We are hav- other commitments at this time or are not asking for a handout, but we do ing that problem now. The size and the would it be appropriate for me to make need help. We need a ‘‘handup.’’ We magnitude of this disaster is so big my remarks? want to get our people where they at that things are not going to happen Mr. COCHRAN. Mr. President, it is least are safe and secure. Right now fast enough, and there are going to be appropriate for the Senator from Mis- health concerns, for instance, are both- problems and slip-ups. sissippi to speak. It is appropriate to ering me very greatly. My wife is I do not think we should take time to yield to other Senators, but they are digging through the rubble now. I said: be damning mistakes made last week. I not here at this time. Please don’t get cut accidentally, and want to know what the problems are Mr. LOTT. Mr. President, I wish to watch out for snakes. One of the many today, what is the solution, and what say what a pleasure it is to work with things that comes with hurricanes, actions we are going to take. I am very my partner, the senior Senator from people do not realize, is the snakes proud of that. Mississippi, Mr. COCHRAN. He is always blow in, and when the water goes out, I want to also say, yesterday I put a a gentleman and very thorough and cathey stay. I am nervous with her list in the CONGRESSIONAL RECORD of pable and competent in his leadership digging around in our neighborhood private companies and organizations as a legislator and as chairman of the looking for some of our things that are that have just gone beyond the call of Appropriations Committee. left. duty—money, supplies. There are also I must say, I am quite pleased the We are going to need help from HHS hundreds of heroic acts, humanitarian chairman of the Appropriations Com- to make sure we have medical atten- acts where people went beyond the call

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9808 CONGRESSIONAL RECORD — SENATE September 8, 2005 of duty to save lives to help other peo- the next supplemental that goes Monday with my husband, President ple—veterans who were rescued from through will have some of these issues and Mrs. Bush, and Senator OBAMA, the Gulfport VA Hospital, nurses who that will help the people rather than hundreds of people surrounded us ask- went without water themselves for 3 just the three States that have the in- ing questions to which we do not yet days to look after their patients. frastructure as well as the people prob- know the answers. There is a lot of I am going to put in the RECORD a lems. Let us give the services that all false information, misinformation whole list of these stories of great of us want to give to them as well. about what happened, should have hap- human efforts to help other people, The PRESIDING OFFICER. The Sen- pened, did not happen. People are grab- sacrifices that people made, people who ator from New York. bing at whatever they hear, trying to loaded up vans and showed up. A Mrs. CLINTON. Mr. President, in a make sense of a devastating experience woman minister from Illinois loaded up few days, on Sunday, we will mark the that has totally transformed their lives a van, hitched to a pickup truck, drove fourth anniversary of September 11. I and their futures. herself to Mississippi, went to a church remember very well the extraordinary I respect the fact that our leaders in parking lot without any prearrange- support, the kindness, the solidarity, the Senate and the House have comment and started distributing supplies. the friendship shown by our colleagues menced hearings in the Governmental That story will be told a hundred and toward my State. The Federal re- Affairs Committee and that there was thousands of times over. sponse, the congressional actions, an announcement yesterday about a bi- I want to make the point that this is matched by the extraordinary gen- cameral effort to try to look into what a lot of money, I know it, and I am erosity of the American people made did happen. But I would respectfully sorry we have to spend it the way we what was the worst manmade disaster suggest that just as with 9/11, we need do. I prefer we not have this problem, in our Nation’s history somewhat bear- an independent commission that will but it is there, it is real. This is Amer- able because we knew that despite look in depth and will bring to that in- ica. Americans have proven over and what the terrorists had done, America quiry independent expertise, people over again how charitable we are and stood with us. who are not elected officials, people how we will come to the rescue of peo- We are now confronting the worst who can look with a very cold and calm ple when they are in need and when natural disaster in our Nation’s his- eye at the facts and the evidence so they are hurt. tory. On behalf of the people of New that we in the Congress, in the execu- Let me say, too, about my State, I York, I publicly express our solidarity, tive branch and State and local govern- am proud of my State. We have been our support, and our friendship. I am ments and, most importantly, the working and pushing. We are getting very familiar with the gulf coast. I American public, can have some sense the job done. We will come back bigger, went to Biloxi, MS, and the Mississippi that we understand, so far as it is hu- better, stronger, and we will continue gulf coast as a teenager. I have had a manly possible, what was done and to be an important part of this great lot of opportunities to travel through what could have been done. country and a part of our economy. Mississippi when I lived all those won- The reason for the independent com- Mr. President, I know I have used too derful years in Arkansas. We also spent mission is not only because I believe much time of all other time that has to a lot of time in Louisiana. We had we need to replicate the 9/11 Commis- be yielded, but I thank my colleagues, friends in Baton Rouge and Lafayette sion to send a clear message that we one and all, for this opportunity to ex- and lots of friends in New Orleans and are open to looking anywhere and ev- press my feelings. I yield the floor. surrounding parishes. Of course, I have erywhere to find the answers that the The PRESIDING OFFICER. The Sen- been in Mobile. I have been along the people are demanding but also because ator from Texas. gulf coast of Alabama. So I can person- we do not have the luxury of having of- Mrs. HUTCHISON. Mr. President, ally see in my mind’s eye what Sen- ficials in the executive and congres- every single one of us in this body is ators are speaking of. sional branch diverting their attention going to support this supplemental ap- Senator LOTT spoke about what hap- propriation for those who have suffered pened to Mississippi, and Senator to this inquiry, beginning the process of compiling evidence, of interviewing so much in Mississippi, Alabama, and COCHRAN spoke about the devastation Louisiana. We will do everything we being greater than anything he had witnesses, of holding hearings. We are now required to focus on the future on can to help them. I know we will have ever seen or experienced. Senator LAN- behalf of not only the people of the gulf another supplemental in the near fu- DRIEU and Senator VITTER try to de- ture. I want to make sure that every- scribe what it is like for everything coast but on behalf of our constituents one realizes that there are now States one knows and everything that is fa- as well. We are spending a lot of money that have taken the evacuees and done miliar to be gone. and we will be spending a lot more to it with open hearts and open arms. We I imagine those days and nights of ensure that we treat fairly, equitably, want to do everything to make them friendship and good times that I had and with accountability the needs peo- comfortable. That includes educating the privilege of spending in such a won- ple have right now and in the months children. It includes medical care and derful part of our country. So I am and years ahead. Medicaid reimbursements that will be very proud of how America is respond- Therefore, I would hope that we will necessary. ing once again. The generosity of come to a bipartisan agreement to es- It is my hope that the next supple- countless Americans—even people far tablish such a commission, exactly as mental will include help for the school beyond our shores want to contribute the 9/11 Commission functioned, with 10 districts that are taking large numbers to try to help put lives and commu- members, the President appointing the of these students and are not able to nities back together. It is entirely fit- chair, the other members being ap- absorb all of those costs in a way that ting that our Federal Government, pointed by the Democratic and Repub- would assure that these children, as that this Congress would be acting to lican leaders of the House and the Sen- well as the children who are already in pass in an expeditious manner this im- ate, that they will be people of inde- the school district, have the quality portant supplemental so that the work pendence and integrity, and that they education we are all striving to have. of cleanup, recovery, even hopefully of will, in a sense, be the surrogates for As chairman of the Veterans’ Affairs rebuilding, can begin. I believe that all Americans as they try to make Subcommittee of Appropriations, I when we vote, as we will, this evening, sense of how could this have happened. have just seen pictures today of the fa- it will send a very tangible message I chanced upon a television program cilities that have been damaged in Bi- that the Congress understands and that the other night that was recounting re- loxi, MS, and in New Orleans. I know on behalf of the American people we sponses from people around the world— we are going to need supplemental ap- will be with the people of the gulf coast places that know their fair share of dis- propriations to begin the process of until they, too, can recover and re- aster—who were asking: How could this planning how we will rebuild facilities build. happen in the United States of Amer- to serve patients in these areas. I will Just as we did after 9/11, there are ica? It did not make sense to them. certainly vote in support of this with many questions we should be answer- They would not have been surprised if total commitment. But I do hope that ing. When I was in Houston this past it had happened in some poor country,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9809 some country without an elaborate bu- been allocated 5 minutes; is that cor- President apparently believes that reaucracy intended to deal with disas- rect? workers in Louisiana, Mississippi, and ters, but they were shocked. They were The PRESIDING OFFICER. The Sen- Alabama don’t even deserve to earn a asking questions. Perhaps the most im- ator is correct. decent wage for a day’s work. portant reason for us to convene this Mr. KENNEDY. I thank the Chair. Opponents of Davis-Bacon would commission and get it working imme- First, I wish to mention to our Sen- have you believe that its wages are ex- diately is because we need these an- ate colleagues that of the $51 billion we orbitant. Nothing could be further swers to ensure that whatever happens are considering on the supplemental, from the truth. Indeed, in areas af- in the future will be better handled. there is no funding for education. fected by Katrina, some typical wages There are lessons for all levels of gov- Under the leadership of Senator ENZI, include: ernment, and there are probably les- our committee has had 2 days of hear- $9.16 per hour for sheet metal workers in sons for those of us in the Congress. We ings with leaders from Louisiana and Pearl River County, MS; have no idea what Mother Nature has from the gulf area about what is hap- $10 per hour for laborers in Livingston Par- in store for us. We are not even at the pening in the education system and the ish, LA; peak of hurricane season yet. important need to give help and assist- $8.54 hour for truckdrivers in Mobile Coun- I remember going to Homestead, FL, ance to local communities, not only in ty, AL in 1992 to see the impact of Hurricane those areas but also that have taken Haven’t these workers and their fam- Andrew. It was late August, early Sep- students across this country. ilies suffered enough? We are providing tember, and we were only on the A’s. I talked to the Secretary of Edu- tens of billions of dollars in relief, and Hurricane Andrew was an A. We are al- cation this afternoon, and she indi- we should be sure that it goes toward ready to K, and we have M and others cated that she had submitted to the decent wages for workers as they work forming out in the ocean and the gulf. President a series of recommendations to rebuild the vital infrastructure that We need these answers to protect our- that she hopes we can act on in the is so desperately needed. We have had selves. We need to clear away all of the next very few days, and I hope that will those protections so we have had qual- confusion, the natural tendency of be the case. Otherwise, I think we are ity. One of the things the American human beings to say: It was not me, it missing an extremely important oppor- people are very concerned about is was somebody else; oh no, wait, it was tunity to try to provide help and as- shabby work. That is certainly true somebody else indeed. We need to just sistance in an area of enormous impor- about the people whose family houses calmly, dispassionately conduct this tance to families. There are—85,000 stu- are going to be rebuilt and buildings investigation as quickly as possible to dents in the public schools in New Orle- going to be restored. They deserve the get the answers we need. ans who have lost their education, best. One of the best ways is to make I do not think there is any doubt any 35,000 or 40,000 in private schools, and sure we are going to have the skilled longer that the Department of Home- the list goes on. personnel to be able to do it. I regret land Security, for understandable rea- The second point is I heard that the the President’s decision. sons that I certainly, as a Senator from President had now waived the Davis- On a final point, we find now that we New York, understand and appreciate, Bacon provisions in terms of construc- have appropriated some $10.5 billion turned much of its attention to the war tion. I am not going to spend a great previously and now $51.5 billion this against terrorism. People drilled, peo- deal of time on the Davis-Bacon provi- evening. Those funds will go through ple met, people worried about a bioter- sions, but I believe it is a great mis- existing institutions, through FEMA, rorist attack, a chemical attack, a ra- take. What we have seen time in and through Homeland Security. It ought diological or, heaven forbid, a nuclear time out when we have debated this to be understood by the American peo- attack. But in the meantime, we have issue, this is about quality and the de- ple that those agencies have extremely to worry about natural disasters, too, liverance on time to meet construction important functions to provide for our which we have just seen. There were requirements. country. Homeland Security has to thousands—millions—of people who I am deeply disappointed that Presi- look after the challenges for all of our had to be evacuated. People lost every- dent Bush has decided to suspend wage Nation. They have to protect from the thing. Businesses are gone. It is cer- protections in the wake of Hurricane dangers of terrorism in our ports in Se- tainly fair to say that it will have a Katrina. Many people harmed by Hurri- attle, WA, and Boston, MA, and Los devastating effect on the gulf coast, cane Katrina were already struggling Angeles. They have other challenges but it will ripple through the economy to make ends meet, and the jobs and across this nation. They cannot spend as well. businesses they relied on have dis- the time, the effort, the energy, the So I would hope that I would find appeared. Experts have said that as focus just on rebuilding the gulf area. support in the days to come for the bill many as 1 million workers may become FEMA has 35 different challenges I have introduced, the Katrina Com- unemployed as a result of the hurri- this year that they are going to have to mission bill. I have also offered it as an cane, with the unemployment rate address. They cannot be expected to de- amendment to Commerce-Justice- reaching 25 percent or higher in the vote their time, effort, and energy just State, but that we could come to a gulf region. Many affected workers will on the gulf development. nonpartisan agreement to do this piece be unemployed for 9 months or longer. I think the best way to do that is to of the people’s business, to answer the One of the major opportunities for follow a past tradition, a tradition that questions and to make sure this never work will be in the recovery and re- goes back to the time of President Coo- happens again. building of the area. We need to be sure lidge. When we had flooding of the Mis- The PRESIDING OFFICER. Who that these new jobs pay decent wages. sissippi in the 1920s, what did he do? He yields time? This is all that Davis-Bacon does: it selected Herbert Hoover to coordinate If no one yields time, the time will be simply ensures that workers on Fed- all of the efforts, to be above the discharged to all parties. eral Government projects earn a typ- cord, so to speak; to coordinate efforts The Senator from Mississippi. ical wage. The whole purpose of this to make sure we were going to have Mr. COCHRAN. Mr. President, under law is to ensure that Federal funds do focus and attention and we were going the order, there was 30 minutes re- not undermine local labor markets by to bring all the parties to the table; to served for the distinguished Senator driving down wages. make sure we were going to do this from Oklahoma. All of the time on our Workers who take these jobs will al- while ensuring the grants, the develop- side on this bill has been used. His is ready face special hazards. We heard ment, and the investments that were the only time available on our side. just yesterday that according to this going to be made were going to meet The PRESIDING OFFICER. The Sen- administration, the floodwaters in New the highest criteria of integrity and ator is correct. Orleans contain e.coli that is ten-times would be done in the most comprehen- Who yields time? higher than acceptable safety limits. sive and complete way. The Senator from Massachusetts. We cannot allow Federal funds to un- This is not only from a construction Mr. KENNEDY. Mr. President, I be- dercut these workers’ condition even point of view, an environmental point lieve under the agreement that I have further by lowering wage rates. But the of view, but also for the restoration of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9810 CONGRESSIONAL RECORD — SENATE September 8, 2005 the lives of the people in those areas That was before hurricane Katrina. not just fiscal choices. For the past 5 and to ensure, as we are going to re- The world has changed. The deficit for years, we have chosen wealthy persons build those areas, we are going to make this year has been estimated to be $331 over working Americans, pharma- this available to the people in that billion. Can we add $70 billion to that ceutical companies over seniors, oil area so they are going to be part of the in tax cuts for the wealthiest people in companies over the environment, and reconstruction of their lives. America? Even worse, the estimated defense contractors over veterans. It is This is going to be enormously im- cumulative deficit over the next 10 time to change those priorities. portant. There are going to be training years has been estimated by the Con- I will vote for this money. I believe programs available to them, so they gressional Budget Office to be $2.1 tril- all Senators will probably vote for this will feel part of this whole reconstruc- lion. This is before Katrina—before the money to help our victims. But let us tion, which is a key thing to the Amer- tax cuts. Can we afford to add $70 bil- be honest about the realities, the budg- ican family. lion in tax cuts, primarily for the et challenges we face. Let us under- We are one country. We have one des- wealthiest people in America, to that stand that a tax holiday for the tiny. To make sure we are going to astounding historic deficit? We cannot. wealthiest people in America is not ap- have one country and one destiny and I think most right-thinking people on propriate—not this week, not next one future, we have to make sure we both sides of the aisle now realize that. week, and not any time this year, as we have the opportunity to have a com- Let’s be clear. The wrong way to at- face the reality of a war in Iraq, which mission of integrity, made up of the tempt to shrink this deficit would be to continues to claim lives every single very best of our society, one that en- cut $35 billion in domestic spending, in- day, and this catastrophe of Katrina, sures the integrity of those invest- cluding $10 billion in cuts in Medicaid, which is going to test our moral fiber. ments and makes sure those people the health insurance program for those I yield the floor. whose lives are so affected, who are up- who are homeless now because of The PRESIDING OFFICER. Who rooted, are going to get the very best. Katrina and the most disadvantaged in yields time? The Senator from Okla- I hope that would be an area where we America. homa. could come together, Republican and At a time when Louisiana, Mis- Mr. COBURN. Mr. President, I thank Democrat alike, and eventually gain sissippi, Alabama, and other Gulf the leadership for giving me an oppor- support. I know our leader has talked States are struggling to help these peo- tunity to talk this evening and to ex- about it, as has Senator LANDRIEU. I ple in need, and other States such as press some views. We heard a very good have had the opportunity to talk to my own State of Illinois and so many talk about the budget. The points I was other Senators about it. Hopefully, we others are reaching out to help them; going to make have to do with the dis- can develop that opportunity to ensure at a time when public health chal- asters we face. It is ‘‘disasters’’—it is the kind of reconstruction that all lenges are reaching epidemic propor- not one, it is two. One is slowly creep- Americans want to see. tions; at a time when States are strug- ing upon us, and the other is right in The PRESIDING OFFICER. Who gling on their own to meet their budget front of us. yields time? The Senator from Illinois. responsibility, we cannot cut $10 bil- The tragedy that we see on the gulf Mr. DURBIN. Mr. President, I was led lion in Medicaid payments to the coast is something to which we have to to believe that I had 5 minutes. I don’t States. attend, something for which we have to know if time is controlled? Thousands of people who did not supply the funds. It is important that The PRESIDING OFFICER. The Sen- evacuate New Orleans before the storm we offer aid, that we come to the aid of ator has 4 minutes 50 seconds. couldn’t leave the city simply because those people. One of the most disheart- Mr. DURBIN. Close enough. they couldn’t afford to leave. As my ening things I have seen in the last Mr. President, we estimate the cost colleague, Senator OBAMA, said so week-and-a-half has been finger point- of Hurricane Katrina could reach $150 often, they couldn’t fill up the SUV ing by politicians at all levels of our billion. Some Senators speculate even with $100 of gas, put in the bottled country that benefits no one, accom- more. We are passing a second supple- water and head out with a credit card plishes nothing except to prove to the mental appropriations bill which I as- to a hotel in some other State to wait American people partisanship tends to sume will pass unanimously: $51.8 bil- it out. That was impossible. trump any issue. It is disheartening lion on top of $10.5 billion last week They faced the reality of poverty and that we as a body would fall into that, and no end in sight. This is an enor- the reality of disaster. We have to face when such great responsibilities are in mous responsibility, a responsibility the reality of our budget. Our budget front of us. that challenges us in terms of our Na- tells us that we cannot cut in Home- I said ‘‘disasters’’ because the other tion’s budget priorities. land Security, we cannot cut in FEMA, disaster we are not looking at is the Hurricane Katrina has redrawn the we certainly can’t cut the safety net Federal budget that the Senator from map of the gulf coast. It has also that so many Americans rely on. Illinois discussed. I take a very dif- redrawn the budget in Washington. The Homeland Security Department ferent view. I am disappointed in our When we reached an agreement earlier needs more resources than ever, par- President for not bringing forward with this year on a budget, it was a much ticularly for FEMA, and to restore the this bill recommended spending cuts different environment. We did not an- confidence in America that this agency that would easily be achieved in the ticipate the staggering expenses of is truly prepared for the next disaster, discretionary budget of this country to Hurricane Katrina. Some did not an- whatever it happens to be—whether it pay for the disaster assistance. We ticipate the continuing costs of the war is a natural disaster, God forbid, or a heard Senator LOTT talk about the sac- in Iraq and Afghanistan, which should terrorist disaster. Our confidence has rifices of the people, both those who never be forgotten. We included in that been shaken in the Department of are involved and those who have con- budget resolution a proposal for $70 bil- Homeland Security. We believed that tributed to help in this tragedy. It is lion in tax cuts, the first time in the we were safe, and in a few hours we no sacrifice on the part of Congress to history of the United States of Amer- learned, with the disaster on the Gulf steal $51.2 billion from our grand- ica we suggested we would make tax Coast, that in many ways we are not. children to supply the need now with- cuts in the midst of a war. Usually, a We couldn’t keep the flood waters out doing the hard work that Ameri- President calls on the Nation to sac- out of New Orleans once that hurricane cans would expect of us to make sure rifice during a war, to understand that had turned. But can we tell America our priorities are right. It is a time for we each have to give a little to help that we are prepared to keep the next leadership in this country. our troops overseas. This administra- flood, the next hurricane, the next dis- Our budget deficit, after we pass this tion suggested the opposite. For the aster from creating what is a shameful bill, will be $670 billion this year. That most well off in America, we proposed situation now facing us across Amer- is the real deficit. That comes to over cutting their taxes in the midst of a ica? $2,000 per man, woman, and child in war and in the face of the largest defi- This storm should compel us to reex- this country this year alone. So we cits in the history of the United States amine our priorities. A budget docu- have two disasters. One is that we have of America. ment represents a set of moral choices chosen political expediency over the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9811 future of our country. The heritage I believe it is easy for us not to make Starbucks. They gave up something to that our country leaves us and has that effort. I think it is very hard if we give that money. We need to be doing been given to us is one of sacrifice to choose to make the effort. I believe if the same, and hardship is required. We preserve the opportunities for the next we do not step up to the responsibil- need to stand up—Democrats, Repub- generation. ities given to us by not attempting to licans, individuals—and lead on the We are going to do what is right for make us better, by not attempting to issue of efficiency and accuracy and the people on the gulf coast, I have no make us more efficient, by not at- the ordering of priorities; it is most doubt. But we are not doing what is tempting to root out the waste—exam- important. right for the generations that are be- ples: Last year, 2004, the Federal Gov- Is it important right now to spend yond us, for our children and our ernment overpaid $41.5 billion for $200 million on a bridge to 50 people in grandchildren. It takes courage to things it bought or handed out. That Alaska? Is that important? Should we stand up and say we can do better. We would almost pay for this bill, if we be doing that when we could spend $200 have heard that. But we have not ever would eliminate that. We can elimi- million helping people in New Orleans talked about how we can do better. We nate it. We choose not to do the over- or Mississippi? There isn’t going to be have talked about how agencies can do sight that is necessary to find the prob- anybody except 50 people and two Sen- better. The way we do better is by fi- lems to make us more efficient, to ac- ators and one Congressman who thinks nally starting to make the hard complish the very goals to create the that is a good priority. We ought to be choices on priorities for our country. opportunity in the future for the next adjusting what we have done to pay for this. The President, in his budget proposal generation. The other final point I would make, this year, recommend 99 programs to I will vote for this bill. But I am no- it was suggested to the administration be eliminated that did not meet an as- ticing our Members that we should do and it was rejected, but we need a con- sessment rating program that was de- better; we should do what is expected veloped by OMB. That program was troller for this money under the Office of us; we should make the hard choices of the President to make sure it is many times agreed to by many people people expect us to make rather than in this body. That was $19.6 billion. spent properly. If we have the legisla- to go to an unending piggy bank of tion that is already authorizing that, it There is not the courage coming from debt and defer those choices to our the executive branch to offer those, to is available, it should be put forward. I grandchildren. am going to offer that legislation next say we are not going to spend another What does that mean? It means our $19.6 billion of our grandchildren’s week to make sure it is spent right. grandchildren are going to have a far The President has authorized in good money. Yet we are going to do the easy lower standard of living as we try to thing. We should pay for this. We will an inspector general increase to continue to load this debt on them. look at it, but they won’t be control- should pass this bill, but we should not That is not opportunity. That is not a pass it on the backs of our children and ling the money. What they do is see heritage I want to be involved with. I how it is spent after the fact. We need our grandchildren. want to follow the heritage of our fore- I have a message for Americans out somebody in charge of spending before fathers and the great generation of there. We have seen so many great efit is spent to make sure it is a priority World War II where sacrifice was made. forts at contribution. Oklahoma has before it goes down there, as we should I believe it is incumbent upon us to 3,800 people from Louisiana now, and be doing here. do better. I challenge every Member of we are going to love them and care for I thank the body for the time and the this body to start doing the oversight, them and do everything we can to help effort. I believe it is incumbent on us to find the areas where we can be bet- those individuals in our State. But ev- to secure the future of this country. We ter, where we can spend less money erybody else in this country can make can be critical of FEMA, but if we are now—not because it may not be a great a sacrifice, too. There is no charity not critical of our own positions in how project—where we don’t spend $26.5 bil- without sacrifice. If it doesn’t cost you we have spent our children’s and our anything, it is not worth much. lion in earmarks on a highway bill, the grandchildren’s future, we have no What we have to do is look at every New York Times today listed ways we right to be critical of any other agency level of the Government, every oper- could help pay by eliminating ear- of this Federal Government. ation of the Government, and say: marks and pork. I yield the floor. Where can we do better? I have talked I find it ironic that I am agreeing Mr. COCHRAN. Mr. President, I ask to hundreds and hundreds of Federal with editorials in the New York Times. for the yeas and nays on passage of the employees who know where the waste But they are right. The American peo- bill. The PRESIDING OFFICER. Is there a is in their departments and in their ple should demand of us now to make the very hard choices of ordering our sufficient second? agencies. Now is the time to come for- There is a sufficient second. ward. The doctors in this country, you priorities. Not doing that is below what every individual Member of this body The yeas and nays were ordered. can save Medicare a ton. The hospitals Mr. COCHRAN. Mr. President, I sug- in this country, you can save Medicare is about. I challenge Members as we look for- gest the absence of a quorum. a ton. This year alone, trim your bills, The PRESIDING OFFICER. The ward to the next supplemental which cut back 4 or 5 percent. Do what is hard clerk will call the roll. for you but gives benefit to the future. we consider if there is an area in the The assistant legislative clerk pro- We need to set a standard that we are Federal Government that isn’t working ceeded to call the roll. going to do what is right, both in this well where we could save money. The Mr. REID. Mr. President, I ask unan- generation and in the generations that assumption on other side of that is the imous consent that the order for the follow us. Federal Government is 100-percent effi- quorum call be dispensed with. We have an oath to uphold the Con- cient. If there is not any place where The PRESIDING OFFICER. Without stitution, but we have a higher oath, we can find money to trim to pay for objection, it is so ordered. and that higher oath is to keep the ob- that, that means the Federal Govern- Mr. REID. Mr. President, I extend my ligations that our forefathers put for- ment is working perfectly. There is not appreciation to President Bush for ward to create the best, brightest, the a person in this country who believes making this request that is now before country providing the most oppor- that. the Senate. It contains important tunity of any in the world. I know this talk about finding the money for the victims of Katrina, and We will borrow internationally this money falls on deaf ears to many Mem- I will support it. However, before we year $1.4 trillion. How many years do bers of this body. I am not partisan in vote, my colleagues should know that you think the international financial any way except I am partisan for the this bill is seriously flawed in several community will continue to allow us to future of our country. We cannot con- ways. borrow that money without some cost tinue to live beyond our means. First, all the money for the relief ef- coming home? The individuals out there who sent fort—most of the money in the bill— I believe we should have made the ef- $20 to the American Red Cross didn’t goes to FEMA. After what we have wit- fort to pay for part of this supple- go freely to get $20 to buy the next ice nessed these past 10 days, is there any- mental spending. cream cone or go to the next one in America who feels we should

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9812 CONGRESSIONAL RECORD — SENATE September 8, 2005 continue to rely exclusively on FEMA are now in Arkansas. We must help People who have lost their jobs and ev- to head the Federal Government’s re- them get off the cots and into real erything they have ever worked for sponse? I think not. homes. don’t care if they get Democratic relief Second, the President’s request fails About education, the Katrina dis- or Republican relief. They want relief, to make the substantive changes in law aster struck as school was set to begin. and they want it now. necessary to address many of the crit- Thousands of kids have lost their class- In the days ahead, victims of Katrina ical needs of our survivors—notably rooms. They have lost their teachers. and the American people will want health care, housing, education, and fi- They have nowhere to go. No student something in addition to short-term re- nancial relief. Victims need this assist- should miss a single day. Here is how lief. I think it is important that we ance, and they need it now. But this the Senate could help. Again, it is pret- begin to address this. Survivors and legislation before the Senate tonight ty simple. We can give school districts the American people will want at least makes no such changes. It only spends $2,500 for each displaced student they two things—a long-term plan to rebuild more money. enroll. It will help offset their costs, the gulf coast and answers about why Again, let me be clear. Despite these and it will encourage some of them to the Government failed them. flaws, my Democratic colleagues and I open their doors. We have a lot of To rebuild the gulf coast, we need to will support this supplemental. We school districts that are suffering fi- think about a Marshall plan. simply must do everything we can for nancially. We can help school districts I have something I have worked on the victims of Katrina. get other resources. For example, they for a number of years that was moving That said, I would like to remind the need to deal with bigger classes—help along very strongly prior to September Senate we cannot rest with the passage with teachers, textbooks, material, and 11, the American Marshall Plan. Re- of this supplemental. There is much counselors who are badly needed. member, for every $1 billion we spend more work we need to do, and there are What about financial assistance? on developing our infrastructure, we dozens of steps the Senate should take Senator LIEBERMAN has legislation, create 47,500 jobs. We need a Marshall quickly to get the victims the relief which is his part of our package, that Plan to reconstruct the gulf region, a they need. shows not only have hundreds of thou- plan on par with the one we used to re- Along with Senator LANDRIEU and sands of Americans lost their homes build Europe after World War II. This many of my colleagues today, I intro- but they have lost their jobs and their is a region rich in culture and steeped duced legislation called the Katrina livelihood for now and any time in the in our history. It must be rebuilt, and Emergency Relief Act that makes the near future. It will take time for Amer- we need a grand plan to rebuild it. While we rebuild the gulf coast, we changes in law we need to give sur- icans to get back on their feet. And make sure we do not do it on the backs vivors the relief they need right now. here is how the Senate can help. We of American workers. I have been told For example, health care. The sur- can temporarily forgive victims of the President has decided to suspend vivors of Katrina need health coverage. their financial obligations for the Fed- Some of them were already uninsured. Davis-Bacon, a bill on the books for 60- eral Government—things such as stu- plus years. It works because it creates Others may have had insurance but dent loans and Small Business loans. an even playing field for workers. I will they have been relocated miles from We can help people so they don’t lose object if the President decides to do home and lost their insurance when their homes because they lost their this. This is a time to work together they lost their jobs. jobs to Katrina and can’t make the Here is how the Senate could help. and restore lives, not to play partisan payments. We can extend unemploy- politics. We can ease enrollment into Medicaid ment insurance for these victims who We also need to find out why the Fed- so that survivors get Medicaid benefits have lost their jobs through no fault of eral Government failed the people of without regard to assets and income. their own. The joblessness rate is ex- the gulf coast when they needed their These people do not have the necessary pected to increase to 25 percent or Government the most. Following Sep- documents to prove their residency or higher in the region, and we need to tember 11, preparedness for national their needs. But we can make all that make sure unemployment benefits are emergencies was supposed to be a pri- irrelevant by easing enrollment. We available. ority for this Government. Americans can also assure States that the Federal We can make it easier for victims to were made to believe the Government Government will pick up the tab for use their own savings to get back on was doing everything it could to pre- any health services they provide sur- their feet. Some may have Individual pare for terrorist attacks, natural dis- vivors. Retirement Accounts which they could asters, and other natural crises. Regarding housing, FEMA has esti- draw from at this time, and we can Katrina makes it clear that we aren’t mated that up to 1 million people may make it easy for them to access money ready. be left homeless by Katrina and require by suspending taxes on such with- When we faced a similar situation housing assistance. Many will lack the drawals. after September 11, Democrats and Re- standard paperwork to apply for Gov- All of these are steps we could have publicans came together and estab- ernment assistance and will face steep taken today. A number of these amend- lished an independent blue ribbon com- rents as affordable housing is already ments have been presented on the Com- mission. We now want to do this. We limited for many. Yet FEMA is ill- merce, State, Justice bill. But there must do this. It will happen. It is only equipped to handle the housing needs are points of order raised against it be- a question of when it will happen. of Katrina’s victims, many of whom cause the rules of the Senate are such I have been told the majority in the are scattered around the country and that you can’t have legislation on an Senate and in the House wants a dif- will need housing for an extended pe- appropriations bill. ferent approach. They unveiled, very riod. We had hoped the Senate would act loosely, a proposal to investigate the Regarding this housing, here is how on these items promptly, and that is events of last week. They call it a bi- the Senate can help. We could very eas- why we introduced four amendments cameral committee. Please. We have ily direct legislatively the Department this afternoon to the Commerce, Jus- down at 16th and Pennsylvania Avenue of Housing and Urban Development to tice, Science appropriations bill that I an announcement by the President provide housing vouchers that sur- have described in some detail. But that he is going to be the leader of the vivors can use anywhere to get out of rather than voting on our efforts, as I investigation. We certainly do not need shelters and into a home. We have all have said, the majority plans to raise the same thing in the Senate. We have seen the images of families sleeping in procedural objections. It is unfortu- committees of jurisdiction that can do the convention center or in the Astro- nate. Victims of Katrina don’t care the work, and we must have, as Sen- dome, at the Superdome or at our ar- about the Senate procedures. They just ator CLINTON has proposed, this bipar- mory here in Washington, DC or in uni- know they need health care, housing, tisan commission. It is very important. versities in Nevada or in States all and school for their children—not more I support this commission. The victims across this country. The Senator from Federal redtape. deserve an answer independent of poli- Arkansas has indicated that 60,000 peo- My colleagues and I will continue to tics—the kind of answers only an inde- ple who are victims of the gulf disaster fight for these items in the days ahead. pendent commission can deliver.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9813 I appreciate the patience of my col- Mr. DURBIN. I move to lay that mo- displaced. Anybody who thinks that leagues. tion on the table. what we have in place to manage a cri- The PRESIDING OFFICER. The ma- The motion to lay on the table was sis of this magnitude is fine doesn’t un- jority leader. agreed to. derstand the proportions of this event. Mr. FRIST. Very briefly, Mr. Presi- Mr. COCHRAN. Mr. President, I We don’t have in place the tools, the dent, this supplemental will be the last thank the distinguished Senator from wherewithal, the ability to manage vote of the evening and for the week. West Virginia for his cooperation in this problem—not from the time of its We will be here tomorrow to continue the development and presentation of arrival and not now, as we work to business on Commerce-Justice-Science. this bill to the Senate. I also especially gradually make the situation better for Amendments can be offered either to- thank the Congressman from Cali- everybody, to a point in time that we night or tomorrow. There will be no fornia, JERRY LEWIS, chairman of the can take a deep breath and say: We rollcall votes tomorrow. We will be House Appropriations Committee, and have done as much as we can for as voting on Monday. Instead of 5:30, it his colleagues on that committee, both many as we can, and as far as our coun- will be a little later than that. We will Democrat and Republican, who helped try and its people and its businesses announce that specific time on Mon- get that bill passed today in the House and its charities are concerned, we day. of Representatives. We appreciate the have completed the task of responding We will finish Commerce-Justice- prompt action on the President’s re- to this emergency. Science early next week. Senators quest. We thank all Senators for their We don’t have any way of doing that. should not wait to offer amendments. cooperation in agreeing to the expe- Anybody who is sitting around here Either offer them tonight or tomorrow. dited procedure for consideration of the contemplating the work of its com- We will wrap this bill up in the very bill today and passing the bill. This mittee, be it a chairman of a com- early part of next week. will get needed relief to the disaster mittee or the chairman of a sub- The PRESIDING OFFICER (Mr. victims in coastal States of Mis- committee, and thinking they know ALLEN). The bill having been read the sissippi, Louisiana, Alabama, the Gulf how to do that, let me tell you, they third time, the question is, Shall the Coast, and others who have been in- don’t. I regret to say it. In all def- bill pass? jured and victimized by this disaster. erence, I am one of those chairmen. I The yeas and nays have been ordered. We thank the leadership for scheduling have a standing committee and a sub- The clerk will call the roll. the bill and for supporting our efforts committee. They are both involved in The assistant legislative clerk called to get the bill done today. this event. One is Energy and Natural the roll. The PRESIDING OFFICER. The Sen- Resources. The other is Appropriations Mr. MCCONNELL. The following Sen- ator from New Mexico. for Energy and Water, which is lit- ators were necessarily absent: the Sen- f erally all the energy around there, ator from Alaska (Mr. STEVENS) and pipelines and the like, and the Corps of POSTDISASTER RESPONSE the Senator from Louisiana (Mr. VIT- Engineers. So I could be saying I will TER). Mr. DOMENICI. Mr. President, I rise do my share. I will start having hear- Mr. DURBIN. I announce that the to discuss, for a moment on the record, ings. But I submit that this work that Senator from Hawaii (Mr. INOUYE) is what I have been telling some Senators I would do and that any other com- necessarily absent. individually and in groups about the mittee of the Congress would do is as The PRESIDING OFFICER. Are there management of postdisaster activities apt to be meaningless or wrong or mov- any other Senators in the Chamber de- in the Gulf Coast area. Let me begin by ing in the wrong direction, when siring to vote? saying that I am not going to add to looked at a year from now, as it is to The result was announced—yeas 97, the various discussions being had about be appropriate. nays 0, as follows: who should decide what persons, if any, It isn’t that we are doing anything [Rollcall Vote No. 223 Leg.] made mistakes in terms of controlling wrong; it is that we don’t know what YEAS—97 this disaster, the scourge of this hurri- our goal is. We don’t know where we Akaka Dodd Martinez cane. Did somebody not do what they are going. We know people need Alexander Dole McCain were supposed to do or did somebody do checks. We know people need money. Allard Domenici McConnell it too late? If so, who was it, when did We know people need accelerated So- Allen Dorgan Mikulski the mistake occur, and why did the Baucus Durbin cial Security and Medicaid benefits. We Murkowski person act as they did? That is, who Bayh Ensign Murray also know people need housing. But Bennett Enzi Nelson (FL) was at fault in responding to this nat- does that mean we should hold a hear- Biden Feingold Nelson (NE) ural disaster, if anyone. I am not talking in the housing Appropriations Com- Bingaman Feinstein Obama Bond Frist ing about that. I hear the rancor and mittee and decide: Here is a new pro- Pryor Boxer Graham the partisanship in the discussion gram. We are going to fund the pro- Brownback Grassley Reed Reid about who should do that. gram. It will be grants and loans, Bunning Gregg I am talking about the fact that we Burns Hagel Roberts 100,000 new houses for these people? Of Burr Harkin Rockefeller have now the most difficult situation course it doesn’t mean that at all. Byrd Hatch Salazar that America on its homeland has ever We need somebody to put the plan to- Cantwell Hutchison Santorum had to manage. We have never had any- gether and decide what the housing sit- Carper Inhofe Sarbanes Chafee Isakson Schumer thing as difficult as this to manage— uation is going to be like for these peo- Chambliss Jeffords Sessions the confusion, disrepair, individual suf- ple. Do we need interim help? Will that Clinton Johnson Shelby fering, displacement, hardship, prop- be vouchers? And who will start put- Coburn Kennedy Smith erty destruction, pollution. All of those ting that together? I could go on. This Cochran Kerry Snowe things affected literally hundreds of is not because anybody has not done Coleman Kohl Specter Collins Kyl Stabenow thousands of people in three-plus their job. Forget about that. Whatever Conrad Landrieu Sununu States. We are currently in the imme- the job that was to be done, right or Cornyn Lautenberg Talent Corzine Leahy diate aftermath of the force that wrong, is finished. What you have to do Thomas Craig Levin brought all those things upon us as a now is rehabilitate, replan, and put in Thune Crapo Lieberman nation. Voinovich place what must be done within the Dayton Lincoln How many people have been dis- laws of America, with the dollars of DeMint Lott Warner DeWine Lugar Wyden placed—sometimes called refugees, but our taxpayers. they will not be referred to as such by I came here in 1972, believe it or not. NOT VOTING—3 me—how many men, women, and chil- I was 39 years old. I don’t know how I Inouye Stevens Vitter dren? I understand that the numbers got here or why I was here. I got a The bill (H.R. 3673) was passed. displaced due to a natural disaster be- great big assignment, one committee, Mr. COCHRAN. Mr. President, I move fore this did not exceed 30,000. It was Public Works. You new Senators who to reconsider the vote by which the bill something under 30,000. For this one worry about your committee assign- was passed. disaster, there were over 450,000 people ments these days, I only had one. I got

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9814 CONGRESSIONAL RECORD — SENATE September 8, 2005 a very auspicious job, too. I was rank- sound right to say ‘‘commander.’’ It that was reported today by the HELP ing committee member on a sub- doesn’t sound right to say ‘‘general.’’ Committee. I have talked a lot in the committee on disaster relief. I thought: But they ought to put somebody in past about the idea of a citizen legisla- Well, I will never have a hearing, but charge by executive order and give ture. The Senator from New Mexico when I have been here long enough, I them the OMB type of office experts to has as well. Senator Howard Baker, will go to another committee. help them analyze this situation and who used to be the majority leader, But lo and behold, Agnes hit. Agnes present to the Congress, through the used to talk about the citizen legisla- was a giant hurricane that caused a President, the information we need for ture and how valuable it was for our Northeastern flood, all the way us to make the decisions about what country if those of us who serve here through Pennsylvania. Sure enough, I policies we want. spend a lot of time in our home states, went to work. I learned about disas- Far be it from me to know much that we spend time at the diner instead ters. about managing things because I don’t of dinner with a lobbyist, that we But what I also learned was that manage much except in my office, and spend time at the church instead of up through the good wisdom of a Senator, I am not sure sometimes if a Senate of- here at a ball game, that we keep our who, as I now understand it, was Hugh fice is even manageable. Whatever I feet on the ground, and that is very im- Scott, the minority leader from Penn- have to manage, it probably has not portant. sylvania—he used to sit over here when been managed very well. Once I I believe that is probably more im- we had very few seats on this side of thought it was so important to manage portant today than it has ever been be- the Aisle—he talked Richard Nixon that I hired somebody to see if they fore. I will give an example. I was into appointing a man to be in charge could write a manual on how you man- about to come back up here after our 5- of the Agnes recovery named Frank age a Senate office. He was the great- week break. The morning paper re- Carlucci. You’ve all heard his name of est manager I had ever seen in New ported that an airplane had arrived late. However they found him, I don’t Mexico. He spent a year and a half from Louisiana with 80 people on it know. They must have been clairvoy- working. He wrote a manual. When he who were in dire straits. Al Gore, the ant; they must have known he was was finished, he said: I guess I have tell former Vice President of the United something super. He was President’s you, you have to make this current States from Tennessee, gave no inter- Nixon’s on the ground representative about every week because things are so view to anybody, and had nothing to for Agnes for 3 or 4 years, and we came changeable here. So I don’t know how say. It has come out since then that he out of that. Today his job would be to manage things. apparently arranged for the plane and comparable to having all involved com- But what I know is that what we may have paid for it. In other words, he puters run out of one office by people have now cries out for a manager or we brought them up from New Orleans. in the executive branch of Government, are going to have disorder following I did what other people, I guess, did as if the OMB moved over there to han- disaster. We are going to have money in our country. Before I came back to dle things. Everything ran according to following money and then people ask- Washington, I sent a contribution over plans that came out of Carlucci’s office ing: What wasn’t done that should have to the American Red Cross in Blount of recovery. Nixon did not use a Mar- been done? The sooner a manager is County, my home county. These 80 peo- shall plan. He put somebody in charge put in place, the better. I hope the ple were brought to the Christian of telling us what resources we ought President will act. church on Highway 321, where the Red to use and what our options were. I thank the Senate for listening. I Cross began to try to help them in var- From that, he went on to other areas thank the Presiding Officer, because he ious ways. of success, so they must have picked is the only one who has to stay around It never once occurred to me that I the right guy. He held two Cabinet po- here before we finish, and Senator might be giving some advantage to a sitions. He was a great success in busi- ALEXANDER for being a gentleman. prominent Democrat by supporting ness. That has nothing to do with what I yield the floor. something he was doing to help people. I am talking about, but he was appar- The PRESIDING OFFICER. The Sen- It never occurred to me. I doubt it ever ently a very talented man. Now this ator from Tennessee. occurred to Vice President Gore that President ought to pick a very talented Mr. ALEXANDER. Mr. President, I he was bringing those 80 displaced per- leader, someone who is not in the Gov- am glad I had an opportunity to hear sons to one of the most Republican ernment, for a similar task. I mean no the Senator from New Mexico, who has counties in the United States. We have offense to the current establishment a lot of wisdom on a lot of subjects. not had an elected Democrat in Con- working in the Gulf Coast. They are One of the most important things he gress from our area since the Civil War. there because we had an emergency—a reminded us of was to try to get in con- So in Maryville, TN, and I am sure in disaster. But they are not there to han- crete terms the immensity of this dis- the Commonwealth of Virginia and ev- dle what is going to be about a 10-year aster. We see it on television. We know erywhere in this country, the people recovery program. there is more to be done than has been who sent us here know what to do. I think the occupant of the Chair done. We know it is going to last a long They are opening their hearts, they are knows this. This recovery plan will go time. I heard the same facts he did opening their doors, they are opening on long beyond the next 2 or 3 years. today, that the most displaced families their churches, and they are opening We better have our recovery efforts, that FEMA has ever had in one of its their pocketbooks. The furthest thing and oversight of those efforts, occur in disasters was 22,000. This is 400,000 or from their minds is political advan- an orderly manner or can you imagine 450,000 or 500,000. In other words, this is tage. I suspect that is exactly how they how many hearings we are going to 20 times the scale of the worst disaster would like for us to conduct ourselves have? Can you imagine how many com- we have ever had in terms of displaced here. mittees are going to be involved in say- Americans. And so we are all scram- It seems to me impossible in this ing they are solving this problem? Can bling. I think it is important for the body to avoid partisanship. Sometimes you imagine the number of press re- Senator from New Mexico to have I think we have a playpen over here leases that will be issued by sub- brought that up. and a playpen over here, and a few Sen- committees that are holding hearings He also heard, as I heard, that one of ators and House Members are always about fixing this thing? Can you imag- the last great hurricanes we had was angling for partisan advantage. But ine the laws they are going to bring Harvey, I believe. FEMA is just fin- this is no time for it. So when those down here to the floor to pass saying, ishing the work on Harvey now 10 years impulses or outbursts occur, my sug- we are solving Katrina? All those later because it takes a long time to gestion would be that we go home. things ought to come out of somebody help communities and people get back In my case, it will be Maryville, TN. who is on the ground analyzing the sit- on their feet. So this is a massive chal- Most of us go home on the weekend or uation. lenge. All of us want to help. we go home for periods of time. We go I urge the President to act. Give the There is one other thing I am down to a shelter, we go down to a position whatever name you like. I prompted to say before I say a word or church, and we see how the people who hate to use the word ‘‘czar’’. It doesn’t two about higher education and the bill sent us here are conducting themselves

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9815 in dealing with this tragedy. And we on it. There are more than 20 of us on going to have 7,000 regulations—and we remind ourselves of that, and we take a the committee. At a time of great dif- in Congress are guilty of causing that lesson from them. When we come back ficulty around here, they produced leg- to happen, let me admit that—at least up here Monday through Friday, then islation that we unanimously sup- somebody in the Department of Edu- hopefully we would conduct ourselves ported and agreed upon and will bring cation is going to have to put on a sin- as well as they are conducting them- to the Senate floor. It is almost certain gle calendar all of the deadlines when selves. They would expect that from us, it will go to conference with the House someone at George Mason University and we will do a lot better job of help- of Representatives and result in a final or Vanderbilt University or some small ing deal with this immense tragedy, 20 bill that we will then send to the Presi- college in Iowa has to comply with times as large as anything we have dent. It was a first-class job of leader- each particular regulation. That will seen before. ship by Senator ENZI and Senator KEN- make it easier for the colleges, and it f NEDY, and I salute them for it, and I am might discourage the number of new glad to have been part of their com- regulations. FEDERAL SUPPORT FOR mittee. Finally, universities doing a good job COLLEGES AND UNIVERSITIES The second thing to say is the bill is of keeping down the rate of loan de- Mr. ALEXANDER. Mr. President, I good for students. For students, it in- faults will be given more flexibility in wish to say a word about something creases the amount of Pell Grants from how they use Federal dollars in grants important that happened this after- $4,050 to $4,500 over 5 years. The bill and loans to students. noon that is good news for the men and gives students who want to use their I am especially delighted the bill in- women in this country who go to col- Pell Grant during the summer the op- cludes Teach for America legislation lege. portunity to do so for the first time, that I introduced with the Democratic We have the best system of colleges making Pell Grants available year leader, HARRY REID. Expanding Teach and universities in the world. I can re- round. for America will not only build a corps member Senator KAY BAILEY We have a lot of working people who of young college graduates who spend 2 HUTCHISON from Texas and Senator go to colleges and universities today. years teaching in schools in lower in- FRIST arranged for a group of us to They may want to go four straight se- come areas, but a corps of expanding meet with the former President of mesters. Right now they cannot do influential alumni who support quality Brazil, Mr. Cardoso, who had been at that if they are eligible for Federal public education. I actually believe the Library of Congress for a while and support. Now they can under this bill that corps of expanding influential was going back to Brazil. Senator when it passes. In addition, Pell Grants alumni of these tremendously talented HUTCHISON said: Mr. Cardoso, what will will be larger for students who are ma- young people who graduate from the you take back to your country about joring in math, sciences, or critical for- finest colleges and universities and go your stay in the United States? He did eign languages, thereby encouraging into the inner city and teach for 2 not hesitate for a moment. He said: students to pursue these fields. years will produce for us a corps of Senator HUTCHISON, the excellence of Someone told me in Tennessee last thousands of Americans who know the American University. He said: week that we only had one new physics what they are talking about when the There is nothing in the world like it. It teacher who graduated and came into issue of quality public education comes is one of the greatest strengths of your our classes. They are going somewhere up. We have the best colleges and uni- country. else. We need more homegrown sci- versities in the world, but they need to There are many reasons for this. I be- entists in the United States, and this is continue to be the best in order to lieve it is because we have created an one step to help with that. maintain our standard of living. environment in which we can bring out The bill is also good for universities The Federal Government is doing its the best. We have 6,000 autonomous for- as well as students because it begins to part. Over the last 5 years, Federal profit, nonprofit, State-supported, not- relieve the oppressive paperwork bur- spending on higher education has in- State-supported institutions, and we den the Federal Government places on creased 71.8 percent. At the same time, have generous Federal funding that fol- colleges and universities, freeing up State funding for higher education has lows students to the college or univer- scarce dollars to spend on improving increased on average by only 6.8 per- sity of their choice. That market envi- quality teaching, research, and public cent, partly because of the big increase ronment has permitted us to surpass service rather than paperwork. in Medicaid costs to States, which have the world. We do not just have some of For example, this legislation creates increased over the same time by 35.6 the best colleges and universities in an expert panel to review, evaluate, percent. This lower amount of State the world, we have most of them, and and streamline the 7,000 Federal regu- funding has meant that college tuition several of those are in the home State lations that govern grants and loans to at public 4-year institutions has in- of the Presiding Officer, in Virginia, college students. I made a speech on creased 38.2 nationally. and some of those are in my State as the floor of the Senate a few months In Tennessee, the situation is equally well. ago, and I stacked up in several boxes pronounced. As I stated, Federal spend- Today the committee upon which the the 7,000 regulations that every single ing on higher education has increased Presiding Officer and I serve, the one of the 6,000 colleges and univer- 71.8 percent over the past 5 years. In Health, Education, Labor and Pensions sities has to go through before they Tennessee, spending on higher edu- Committee, reported out legislation can admit students with a Federal cation has increased about 10 percent that has to do with Federal support for grant or a Federal loan. That is ridicu- while Medicaid spending has increased colleges and universities for the next 4 lous. The President of Stanford said by 71 percent. That is why during the or 5 years. The importance of that is they were spending 7 percent of their same period the tuition at the Univer- this: 60 percent of the students in our tuition on complying with Federal sity of Tennessee has increased by 33.4 country attending universities, com- grants and Federal loans. Universities percent. munity colleges, technical institutes, should be able to focus more on teach- I raise this because I hope in our dis- or for-profit institutions do so with the ing and research, and less on com- cussion of the higher education bill support of Federal grants or Federal plying with reporting requirements. that we will come to an understanding loans. Sixty percent of the college stu- In addition, for the first time, the that one of the principal reasons for dents are affected by this legislation. Federal Government will be required to the big increases in tuition is the out- While the details of this legislation develop a compliance calendar, making of-control State spending for Medicaid. will come out over the next few weeks, it easier for our 6,000 colleges and uni- Governors—and the Presiding Officer it is important to say two things about versities to comply with Federal rules and I were both Governors—constantly it. One is the remarkably effective job and helping them with institutional have to fight to keep Medicaid spend- by the Senator from Wyoming and the planning and avoiding inadvertent ering under control so we will have Senator from Massachusetts, Senator rors in meeting these requirements. In enough money left for quality edu- ENZI and Senator KENNEDY. This is a other words, we are saying to the U.S. cation. And if we do not have quality complex bill. There are lots of opinions Department of Education, if you are colleges and universities over the next

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9816 CONGRESSIONAL RECORD — SENATE September 8, 2005 10 years, we will not be able to keep already taken advantage of these op- regarding what has taken place. These our standard of living as we compete portunities and will be starting classes are all problems that we must grapple with Japan, China, Germany, India, this fall. with if we are to truly protect our and Great Britain—all who recognize My heart goes out to all those suf- homeland from disasters of all kinds. the superiority of American higher fering from this catastrophe. I have Two days before the storm, a manda- education, and are taking significant seen the destruction caused by massive tory evacuation order went out for the steps to keep their brightest students mudslides, major earthquakes, and tor- residents of New Orleans. But didn’t home and to improve their institu- rential rains. I have seen the fear and Federal, State, and local authorities tions. hopelessness that comes when families know that tens of thousands of city I am delighted to be able to salute lose everything except the shirts on residents lacked the funds and means Senator ENZI and Senator KENNEDY. I their backs. My thoughts and prayers to depart and, more fundamentally, know they each will have longer state- are with those Americans in the pitch had nowhere to go? ments to make about the bill and all of dark with no electricity, in shelters As a result, the poor stayed put: its parts. But it is a good piece of legis- with their homes swept away, and with stranded throughout the city and away lation for students, it is a good piece of a future that seems without hope. from any safe and secure shelter. Clear- legislation for colleges and univer- I commend all those who have ly there is not an adequate mechanism sities, and it is an excellent piece of worked literally around the clock in for removing Americans out of harm’s legislation for our country. response to the disaster. The emer- way in the face of a crisis. I yield the floor. gency responders—from the National Warning systems and evacuation plans, prepositioning of transportation f Guard and Coast Guard to hospital workers to the local police and fire de- assets and emergency communications HURRICANE KATRINA partments—have been nothing short of facilities, are all in dire need of an Mrs. FEINSTEIN. Mr. President, I heroic. They are risking their lives and overhaul. As always in these situations, the come to the floor today—heart-sick—to deserve our deep gratitude. first priority is to save lives. Once the speak about the absolute devastation The American Red Cross, the Salva- storm had passed, emergency respond- wrought by Hurricane Katrina. This tion Army, and many other charitable ers went to dramatic lengths to save tragedy represents the worst natural organizations and religious groups those stranded in houses, in apart- disaster in our Nation’s history. have mobilized thousands of volunteer ments, and on rooftops throughout the This hurricane spared nothing. Esti- workers to bring aid and shelter to vic- region. Through their tireless efforts, mates of damage now run as high as tims of the devastation. $200 billion. The cost, in human lives thousands have been saved. The American people are already But what should have been an imme- and suffering, is just staggering. demonstrating their tremendous com- diate and massive delivery of food, Tragically, it will take weeks and passion and magnanimity—contribu- water, and medical supplies to evac- weeks to ascertain the true loss of life. tions exceed $500 million, with surely uees came much too late. Thousands of As the recovery proceeds, I pledge to do much more to come. Nations from hurricane victims went for days with- all in my power to help those in need around the world have also offered to out anything to eat or drink. Babies to rebuild cities, communities, and help. I thank them as well. went without formula. Diabetics went shattered lives and families across the But despite the effort and concern of without insulin. People took refuge on Gulf Coast. all these individuals, I am shocked at freeways only to bake in the heat with- My home State of California knows what has gone terribly wrong in prepa- out relief or water and nowhere to go. well the destruction possible from nat- ration for Hurricane Katrina. What we I realize the unprecedented mag- ural disasters. So many times the peo- saw in the days following the storm nitude of this disaster. But the delay in ple of California have been saved by has been a massive failure of govern- response was simply inexcusable. It the generosity of the American people. ment on all levels to anticipate, pre- pains me to admit that people died be- I have no doubt that the people of my pare, and respond. Days before the cause aid did not arrive fast enough to State will now rally to the aid of those storm FEMA knew it was coming. It those in need. in Louisiana, Mississippi, and Ala- was announced well in advance that Downtown, New Orleans’ Charity bama. Many already have. Katrina had become a lethal category 5 Hospital went unevacuated for days In addition to monetary contribu- storm as it made its way through the with no food, clean water, or basic tions from residents throughout the Gulf of Mexico. medical supplies. These represent the State, over 1,500 California first re- To see the horrific images of the dead sickest and neediest of the storm vic- sponders are on the scene, as well as lying in the street unattended, bodies tims, and all efforts should have been over 700 California National Guard per- floating aimlessly facedown in the made for their immediate evacuation— sonnel, 116 California Highway Patrol water, and Americans with no choice by boat to reach the hospital or at officers, eight swiftwater rescue teams, but to relieve themselves on the field least helicopter airlifts from the roof if eight urban search and rescue task of the Superdome—it boggles the mind possible. Vigilant doctors, nurses, and forces, and six disaster medical assist- that such depraved conditions de- other hospital workers performed cou- ance teams. scended on one of America’s great cit- rageously but did not have the support On Tuesday, Gov. Arnold ies. they needed. Schwarzenegger announced that Cali- It was a flat embarrassment to the There seemed to be no plan in place fornia had accepted a request from country. Those who have lost loved for providing shelter once the storm FEMA to provide housing and assist- ones deserved much better than these was over. Ad hoc decisions appeared to ance for 1,000 storm victims left home- appalling conditions. cause widespread confusion as des- less by the hurricane. San Diego has Senators COLLINS and LIEBERMAN perate evacuees did not know where to made 600 beds available, San Francisco have launched a Governmental Affairs find basic needs. Rumors swirled of 300, and San Jose 100. And if FEMA Committee oversight investigation to food here and fuel there, forcing vic- asks for more, the State will be ready. ensure that the requisite support and tims to scavenge in search of the basic Los Angeles has planned accommoda- resources go to those in need. They will necessities of life. tions for 2,000 evacuees and Sac- also be examining the inadequate prep- As regional evacuation centers filled ramento County is preparing for 300. aration and response to this disaster. there was no effective plan for long or Campuses of the University of Cali- Senator CLINTON and others have even short-term shelter and care of dis- fornia and California State University called on President Bush to appoint an placed residents. With nowhere for systems, as well as private colleges and independent national commission to storm victims to go, evacuation cen- universities from across the State, review Hurricane Katrina relief efforts ters turned to squalor. Serious reports have opened their doors to college stu- modeled after the 9/11 Commission. of abuse and assault have come out of dents who were displaced or had their I completely support these efforts, these shelters. educational plans interrupted by the and would like to go on record with a Other cities graciously volunteered hurricane. Hundreds of students have few of the serious concerns that I have to open facilities to evacuees. For that

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9817 I offer them my sincere gratitude. But hearsed and drilled until they become The administration and Congress now even they have reached capacity— second nature for the public agencies, need to conduct a nationwide assess- the Houston Astrodome, for example. emergency responders, and commu- ment to determine the other most vul- We were just not prepared to handle an nities involved. When disaster strikes, nerable areas and have Federal disaster evacuation of this magnitude. there can be no confusion as to what assistance resources pre-positioned if We were quickly and brutally re- must happen. possible so no time is lost in the after- minded that an effective response to Unfortunately, even when effective math of another future tragedy. this type of tragedy cannot happen and rehearsed plans exist, large-scale These are just a few ideas to con- until a reasonably safe situation exists catastrophic events, such as Hurricane sider. President Bush was conveniently on the ground. This is nothing new. It Katrina, can quickly overwhelm local understating the case last Thursday is a given in these types of situations. jurisdictions. when he said that federal efforts were Yet days passed before adequate Na- In these cases, we need a system in ‘‘not acceptable’’. tional Guard troops arrived. Mean- place that allows the Federal Govern- Americans have an obligation to while, thugs, miscreants, and ruthless ment to come in immediately with the come together, now, with their re- pillagers terrorized the streets and full force of its resources and assume sources, money, and can do spirit to thwarted rescue and aid. primary responsibility for response and save New Orleanians, their great city, Command and control breakdowns relief. and all those suffering down the Gulf have been rampant. Throughout the re- The U.S. Conference of Mayors Coast. gion, complaints abound that no one should convene a national intercity ef- Nothing less is acceptable. seems to be in charge. This is a recipe fort to share information and assist in Mr. VOINOVICH. Mr. President, I for chaos, which only works to hamper emergency preparation efforts. rise today to address the national cri- relief efforts and put innocent people In emergency situations such as this, sis we are facing in the wake of Hurri- in serious danger. Again, this points to communications capabilities are essen- cane Katrina. It is hard to even begin the fact that we do not have adequate tial. Emergency responders must have estimating the extent to which this plans and mechanisms for dealing with the equipment that will allow essential natural disaster will affect all of us serious disasters. communications efforts to continue in and, most particularly, our fellow Regrettably, I could go on, but the case of the major damage to infrastruc- Americans along the gulf coast. I ex- time for dealing with the faults in ture we have seen in New Orleans. tend my deepest sympathies to the vic- Clearly, the Federal Emergency Man- preparation and response has not yet tims and loved ones of this unprece- agement Agency needs to change. We come. Right now, the victims of Hurri- dented disaster. My thoughts and pray- need to look at whether the tasks cane Katrina need our help. Entire ers are with all those in need. charged to FEMA are too large to be communities have been destroyed. Katrina is likely the largest natural included with 21 other agencies under Families have been torn apart. Many disaster this nation has ever faced. The are still missing. Tens of thousands re- the Department of Homeland Security. Let us seriously consider profes- storm’s impact is unfathomable, and main homeless. We must find a way to an entire region has been irrevocably help bring some stability and hope sionalizing FEMA from top to bottom—some have called for the resigna- affected. I cannot conceive of a perfect back into their lives. evacuation or mitigation effort for a Congress has made a start by keeping tion of the current Director, Michael circumstance of this magnitude. I urge FEMA operations running through an Brown, whose credentials as an emer- people to refrain from allocation of immediate $10.5 billion appropriation gency manager have been widely ques- last week. And the President has asked tioned. blame. Finger pointing will only make for $51.8 billion more, which Congress FEMA needs to be devoid of political matters worse. For now we must show will surely approve soon. But even this appointees and employ only the high- our strength as Americans: we must do will not be enough—we have just begun est trained professionals with expertise the best that we can with what we the effort to rebuild these cities and in transportation, emergency medical have. communities. aid, communications, and providing Our first priority must remain search This is a process that will take years Federal disaster assistance. and rescue. We are working to save as to accomplish and require a great deal Funds Congress appropriates for many lives as we can, and to send aid of commitment on our part. I call on FEMA from this point forward ought to those victims who at this time are all Americans to do what they can to to be prioritized for disaster prepara- without adequate shelter, food, and assist in the recovery efforts. There are tion, and we need to intensively review water. We need to bring relief to those countless opportunities and help is vi- programmatic appropriations for the who are living this nightmare, begin- tally needed. Department of Homeland Security ning with the most vulnerable—chil- As we move forward together as a na- which, some critics point out, has re- dren, elderly, those in need of medical tion, we also need to focus on concrete ceived funds diverted from the levee attention—and moving outward to en- solutions for improving our prepared- project in New Orleans. compass all those who can be reached. ness for calamities that engulf any We have a Strategic Petroleum Re- Once we have ensured the basic health part of the country. serve, but shouldn’t we have a stra- and safety of those in need, our next In close cooperation with State and tegic food and water reserve too, that priority will be to begin restoring some Federal emergency agencies, each city can, within hours, be airlifted into di- quality of life. Many have lost every- in this country absolutely must have rectly and brutally hit areas such as thing. Until the region is stabilized, an effective emergency plan in place. New Orleans? they will need somewhere to go, some- These plans need to include profes- We need preplanned, carefully where to work, somewhere to be with sional and skilled emergency oper- thought out means for moving Na- their families, somewhere to begin re- ations directors, clear lines of author- tional Guardsmen and other military building their lives. ity, practical evacuation strategies, forces and particularly assets, such as Last Friday, the Senate acted and and previously determined command high-water vehicles and Chinook trans- passed a $10.5 billion emergency fund- centers that can be up and running on port helicopters, swiftly into place to ing package for New Orleans; however, a moment’s notice with satellite con- prevent urban areas from sinking into we will need to give more Federal nections and powered by their own gen- anarchy—as was so painfully evident at money for disaster relief. I recognize erators. Key department heads should the convention center in New Orleans that this will be costly, and although I carry two-way radios with extra bat- and throughout the city. am an advocate for fiscal responsi- tery packs at all times. The Army Corps of Engineers, the ad- bility, this is a time for the Federal The plans also must have mecha- ministration and Congress knew for Government to act. nisms to immediately call for and fa- years about New Orleans’ vulnerable We also need to reach into our own cilitate the delivery of food, water, and topography and the inherent weak- pockets and be as generous as we can medical supplies to areas in need. nesses of the 350-mile city levee system be. I encourage my fellow members, my But it is not enough to just have a but limited funding for flood control fellow Ohioans, and my fellow Ameri- plan in place. These plans must be re- work nonetheless—why? cans to contribute to this relief effort

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9818 CONGRESSIONAL RECORD — SENATE September 8, 2005 by calling the Red Cross at 1–800– combinations to Louisiana. In addi- cover from any disaster, whether nat- HELP–NOW, or visiting their website tion, hundreds of Ohio police officers ural or otherwise. The State of Ohio is at www.RedCross.org. The Department and firefighters have gone or are on currently conducting a thorough top to of Homeland Security website, call to go to Louisiana and Mississippi bottom review of their strategic and www.dhs.gov, also has valuable infor- to assist with the recovery effort. I am emergency operations plans. It is my mation for those wishing to make a pleased that Ohio has opened its arms hope that these reviews will be con- monetary donation or to offer other and stands ready to receive over 1,000 ducted by every State. services such as housing, and many victims. In preparation, the State I would also highlight a Federal pro- local communities and faith-based Emergency Management Agency, in gram that can help prepare State and groups have set up collection agencies. conjunction with their local partners, local first responders. Earlier this year Opportunities to give are readily avail- is already locating housing, schools, I offered an amendment to the Home- able, and the need is great. and support services for families who land Security Appropriations bill to in- I would like to thank all those who have been displaced. As a former Mayor crease funds for the Emergency Man- have already opened their hearts and of Cleveland and Governor of Ohio, I agement Performance Grant program. homes, and have given whatever is in am extremely proud of the Buckeye The EMPG program is the only source their power to give. The response of State’s response. of Federal assistance that provides this Nation, as well as many foreign However, Mr. President, in my cur- vital emergency management, coordi- countries, has been remarkable. Indi- rent capacity as Chairman of the Sub- nation and planning support to State viduals, businesses, and governments— committee on Oversight of Government and local governments and first re- all have answered this call to meet Management of the Homeland Security sponders for all hazards. I believe that human needs, and this effort will de- and Governmental Affairs Committee, by investing in a program with a prov- mand that all levels of government I have many questions about the time- en track record, recovery from events work together to ensure that what ly response to this catastrophe which like Katrina will be more effective, and needs to get done, gets done. have yet to be answered. In my posi- the EMPG should receive even higher I would like to take a moment to rection, I will work to make sure these levels of funding. I will continue in my ognize the dedication of those who questions are answered because we efforts to ensure that the Federal Gov- have offered tireless assistance to the need to understand what went right ernment stresses preparation for all victims of Katrina. In the last eight and what went wrong in order to better hazards: we must be prepared for both days, the Coast Guard alone has saved prepare for natural disasters. At this terrorism and all of the blows that na- over 30,000 people, more than the cumu- juncture, it is too early to prejudge the ture can deal. lative number of its search and rescue overall successes and failures of each Hurricane Katrina also shows that we operations for the last 10 years com- level of government during this dis- have serious needs for the repair and bined. Their relief effort has been sim- aster, or answer questions such as, improvement of our Nation’s aging in- ply incredible. I am proud of the Coast ‘‘Should FEMA be part of DHS?’’ Those frastructure and waterway systems. Guard men and women who have truly answers should be provided only after a The desperate conditions these systems exhibited semper paratus. careful and thorough assessment of the are currently in are impacting our Katrina also reminds us of how im- entire situation. I would like to recog- economy, the environment, and the portant our National Guard troops are nize the leadership of Senator COLLINS welfare of the American people. The in a time of crisis. From across the and Senator LIEBERMAN, the chair and backlog of unfunded Army Corps of En- United States, there are some 41,500 ranking member of the Homeland Se- gineers operation and maintenance National Guard troops that are on duty curity and Governmental Affairs Com- projects mandated by Congress is $1.2 along the Gulf Coast. I am very proud mittee, and I look forward to working billion. This is up from $250 million of Ohio’s National Guard, which have with them as we examine the response when I arrived in the Senate in 1999. deployed a total of 1,500 soldiers and of all levels of government. However, It has been 5 years since Congress airmen to support Operation Buckeye, right now, our responders have a job to passed a water resources and develop- Ohio’s hurricane response operation. do on the gulf coast, and our first ob- ment reauthorization bill. The passage This includes the 437th Military Police jective should be to offer whatever as- of another WRDA bill cannot be de- Battalion, the 1–148th Infantry Bat- sistance it is within our power to give. layed any further. It is simply too im- talion and the 73rd TC-Task Force Even though we are just beginning to portant to our Nation in terms of its Command from Columbus; the 371st wrap our arms around the magnitude benefits to our economy and environ- Corps Support Group from Kettering; of this event, I would offer some initial ment and for the speedy recovery for and the 269th Combat Communications thoughts as to how we might mitigate the areas affected by Hurricane Squadron from Springfield. As we re- the damage from future natural disas- Katrina. view the many policy concerns that ters like Katrina. The economic benefits of infrastruc- have emerged in response to Katrina, it The responsibility of planning for, ture projects speak for themselves. The will be important to look at the issues and responding to, natural disasters is national return on investment for the facing our National Guard and to work shared by all levels of government. But Mississippi Valley and Tributary sys- to support them. as a former Mayor of Cleveland and tem—the system affected by Hurricane I have only mentioned the Coast Governor of Ohio, I know firsthand the Katrina—is $24 for each dollar spent, Guard and the National Guard, but ap- paramount importance of State and according to the National Waterways proximately 100,000 people are now in- local first responders. Therefore, I im- Conference. The Corps of Engineers volved in relief efforts. These people plore every State and local emergency flood damage reduction program saves have chosen service over self and dem- preparedness organization to review lives and prevents almost $8 in dam- onstrated their dedication to their fel- their action plans to ensure that they ages for each dollar spent. low Americans. I am inspired by their have the proper procedures and contin- Right now our infrastructure is col- efforts and I thank them for their serv- gencies in place to deal with a cata- lapsing due to insufficient funding. We ice. We owe them all our gratitude and strophic event. The emergency plan- desperately need to provide increased respect. ning and response capabilities must be funding for the Army Corps of Engi- In addition, words cannot express my reviewed and, if necessary, rewritten to neers. Currently, the Corps is able to gratitude for the 20 States that have address every possible incident for a function only at 50 percent capacity at welcomed some 235,000 survivors from given geographic location. The safety the rate of funding proposed by the Of- the gulf region. I would also note the of our citizens and communities de- fice of Management and Budget. With contributions that my home state is pends on it. proper investment from Congress, our making to the recovery effort, in addi- Prior to Hurricane Katrina, I began waterways and ports have the potential tion to the contributions of the Ohio working with the State of Ohio’s Emer- to help strengthen our economy, help National Guard. The Ohio Department gency Management Agency in efforts ease our Nation’s growing congestion of Natural Resources deployed 24 offi- to assess the ability of the State to problem, and provide a better quality cers with 10 boats and 10 vehicle-trailer prevent, protect, respond to and re- of life.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9819 This devastating hurricane also several years. I participated in hear- hotline to streamline enrollment for served to underscore the fragile nature ings in 2000, 2002, and 2004 in two dif- displaced students. St. Paul, MN is of our national and economic security ferent committees, and I have asked willing to accept 5,000 in its schools. when the energy spigot went from a Senator COLLINS to explore this issue In Massachusetts, more than 30 col- full flow to merely a drip. I praise my in the Homeland Security and Govern- leges and universities have offered to colleague and Chairman of the Energy mental Affairs Committee. enroll students, and provide housing Committee, Senator DOMENICI, for his Mr. President, these are but a hand- and tuition assistance. Herculean task of shepherding an en- ful of the issues that must be addressed People have opened their homes and ergy bill through this body. That bill is in the weeks and months ahead. Let us communities have opened their a tremendous step toward a much larg- roll up our sleeves and get to work. Let schools. We owe a great debt of grati- er goal, which is our Nation’s energy us learn from this horrible tragedy tude to the principals, the superintend- independence. However, in the after- that has befallen the gulf coast, and ents, and the university presidents and math of the energy bill’s passage, we forge better laws and procedures for deans who have pledged their help. should not assume those efforts will the future. In closing, my heart goes But they need help from Congress as suffice. out to the victims of this disaster, and they struggle to accommodate these Rather, the effects of this hurricane I ask that all Americans do what they students. We need a response that is as on our Nation’s energy supply and the can to assist them. caring and as generous as the Amer- ripple effects sent through the econ- Mr. KENNEDY. Mr. President, in the ican spirit. omy should only heighten the clarion wake of Hurricane Katrina, we have We must do all we can to assist call for our country. Much like our Na- seen images we thought we would schools and colleges as they attempt to tion committed itself when the Rus- never see in America. We have been re- meet the incredible challenge of incor- sians launched Sputnik and we entered minded that we are all part of the porating hundreds or thousands of new the race to space, I believe we should American family. And we have a re- students into their systems. We must provide funds to help ease have a national commitment to becom- sponsibility to help members of that the transition of students into new ing energy independent. family when they are in need. We should open additional domestic We in Congress have a responsibility school districts, support basic instruc- resources in the near term to help to do all we can in many ways. Let’s tion, and purchase books and mate- wean us from foreign oil. My colleagues make sure children don’t lose a year of rials. We must help schools tempo- from Alaska have long sought to open their lives. Let’s help them return to rarily expand facilities and avoid over- the Arctic National Wildlife Refuge an as much of a normal environment as crowding. We must help college students find idea I support. We should also invest in possible. We need to act quickly to pro- temporary help so they don’t lose a se- clean coal technologies that will help vide the help they and their parents mester or a year of college, and give utilize one of our Nation’s cheapest and need to cope with this strategy, and re- them the financial assistance they most abundant resources. build their future. need to continue. However, we should also look ahead. We all remember Hurricane Andrew, We must also help former students For instance, a great deal of research the category-5 hurricane that left over who are paying off past loans, by offer- has been done in my State on hydrogen $40 billion in damage in 1992. It tore ing every affected borrower a 6 month fuel cells. I have heard that within a through south Florida, and the Army, grace period when no further interest decade, commercial applications for Navy, and National Guard pitched in to will accrue so they can avoid any in- these fuel cells will be a real possi- help schools repair classrooms and re- creased cost or damage to their credit bility. But I would ask, why 10 years? open the school doors in about 2 weeks. while they get their lives back on Why not five? I truly believe there is Last year, Hurricane Charley tore track. too much at stake to ignore or merely through central Florida and left $15 bil- Thousands of young children affected feign interest in becoming energy inde- lion in damage. Schools closed, but by Katrina need temporary space in pendent. within a month, they returned to nor- safe and healthy settings. We must pro- I do not think it hyperbole to say mal and students were back on track in vide them with quality early childhood that one of the main factors that will their classrooms. programs and facilities, until the chil- determine the next great superpower But Hurricane Katrina is a different dren and their families can return to will be the nation that is able to be- type of storm, and the magnitude of its their homes and communities. come energy independent. The commit- damage is vastly more extensive. And in weeks and months ahead, we ment we make today will determine In Mississippi alone, 271 schools have must focus on rebuilding and recon- the safety and quality of life future been damaged or destroyed. Schools structing the schools devastated by the generations will have. I pray that we are closed in the three gulf coast cities tragedy so that, as soon as possible, heed this warning. in the State hit hardest by Katrina children can return to schools fully Finally, I would like to address an Gulfport, Biloxi, and Pascagoula. stocked with the resources they need. issue related to Hurricane Katrina, and Those districts enroll 20,000 students. This morning, Senator ENZI and I that is the soaring gasoline prices In North Gulfport, the walls of the heard moving testimony in the HELP across the Nation. In the wake of the Harrison Central 9th Grade School col- Committee from Dr. Diane Roussel, Su- horrible tragedy caused by Hurricane lapsed. In Pascagoula, the roof of St. perintendent of Schools in Jefferson Katrina, it now appears that some indi- Martin High blew off. The State super- Parish in Louisiana. The parish has 85 viduals may be profiting off the misfor- intendent has already requested help schools, 51,000 students and 3,600 teach- tune of others. This is unconscionable. from Washington to find portable class- ers. It lies just south of New Orleans, It is unfortunate that there are no Fed- rooms. Officials are considering con- and was directly in the path of eral laws in place to address and stop verting an abandoned Kmart into a Katrina. the price gouging of gasoline. In fact, temporary school. The local tax base provides a third of less than half of our States have laws Vastly more damage has occurred in the district’s resources for education to on the books to protect consumers Louisiana. At least 135,000 students in help students who have been displaced. from price gouging. Therefore, I am public schools have been displaced. Now, they’re left with nothing to re- considering legislation to provide the 100,000 college students have been dis- build their schools. Federal Government with the requisite placed for the fall semester at Tulane, In Dr. Roussel’s words: authority to investigate cases of gaso- the University of New Orleans, Xavier Money isn’t always the answer to solving line price gouging during an emer- University, and Loyola University. the ills in our public schools, but when we’re gency. This proposed legislation would Fortunately, America has begun to talking about equipment, supplies, rebuild- resolve this issue by providing a Fed- respond. ing, and maintaining our teaching work- eral framework for protecting con- The Houston school district has force, money is the answer. sumers against this unjustifiable busi- pledged to accommodate 30,000 dis- We’re reminded in this disaster that ness practice. I would note that I have placed students in their schools. The schools are the heart of local commu- been actively involved in this issue for Dallas Public Schools has created a nities across America. When schools

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9820 CONGRESSIONAL RECORD — SENATE September 8, 2005 open, people return. When schools gency and medical personnel have been them against the harms that are born open, business returns, and life begins extraordinarily gratifying. out of hate. The Local Law Enforce- to return to normal. But while no offers have been ex- ment Enhancement Act is a symbol In the coming days and weeks, we pressly rejected by the U.S. Govern- that can become substance. I believe must act expeditiously to provide the ment, few have been accepted and re- that by passing this legislation and help that the entire gulf coast commu- ceived. It is regrettable that our Gov- changing current law, we can change nity needs to re-open its schools. If ernment’s abysmal coordination in the hearts and minds as well. they get what they need, I am con- early days of the recovery effort has f fident they will come back, stronger prevented critical international aid than ever before. Let’s get it done. from being delivered to our stricken BROAD SUPPORT FOR Mr. LEAHY. Mr. President, I want to citizens and communities in the af- RESPONSIBLE GUN STORAGE take a moment, on behalf of myself, fected Gulf states. Mr. LEVIN. Mr. President, according my fellow Vermonters and Americans One of many examples is Canada’s to a report last year by the Brady Cam- across this country, to express our offer to send three warships and a paign to Prevent Gun Violence, teen- heartfelt gratitude for the outpouring Coast Guard vessel. They were delayed agers and children are involved in more of generosity by more than 90 countries for a week due to bureaucratic inertia. than 10,000 accidental shootings in and international organizations that I know that in any major humani- which close to 800 people die each year. have offered assistance to the recovery tarian crisis when unsolicited offers of Further, about 1,500 children age 14 and efforts after Hurricane Katrina. aid pour in it is difficult to coordinate under are treated in hospital emer- The United States is coping with dev- and use it immediately. Some is simply gency rooms for unintentional firearm astation and destruction on a scale not not usable, such as electric generators injuries per year. About 38 percent of seen in our lifetimes. It has been that require a voltage not readily them have injuries severe enough to re- shocking and sobering to see how woe- available in this country. There are quire hospitalization. We can do more fully unprepared our Government was also problems of limited access to air- to reduce the number of these trage- to help the victims of this disaster. The fields and ground transportation, and dies, the vast majority of which could chaotic response has also raised serious the necessary personnel to handle and be prevented if safe gun storage tech- concerns about the adequacy of our distribute it. But these obstacles niques were more widely practiced. preparedness to respond to terrorist at- should have been anticipated. Bureau- A study released Tuesday by re- tacks, despite the many billions of dol- cratic backlogs and bungling have kept searchers from the Center for Disease lars the Department of Homeland Secu- foreign relief planes grounded for days, Control and Prevention, reportedly the rity has spent since 9/11. medical personnel on standby, and tons largest of its kind ever carried out, Yet if there is a silver lining in such of supplies waiting to be delivered to analyzed the prevalence of firearms in a disaster it is that it unites Ameri- the desperate people of Louisiana and homes and the storage practices of gun cans and it unites the world in the Mississippi. owners. Researchers analyzed survey common cause of alleviating suffering. The sluggish response has left foreign results from more than 240,000 ran- A massive relief effort is underway, al- governments frustrated and baffled. I domly selected households in all 50 beit belatedly, involving everyone from think it needs to be emphasized how States and the District of Colombia. the Coast Guard to the Red Cross to much we welcome and appreciate their While the rates of gun ownership and private citizens who are rescuing peo- generous offers of help. It is unfortu- the storage practices vary widely from ple who were stranded and caring for nate that our government was so un- State to State, the CDC researchers those who lost their homes and posses- prepared to receive this aid in a timely found that nearly a third of households sions. Organizations such as the United manner, when lives could have been in the U.S. have firearms. According to Nations Office for the Coordination of saved and suffering alleviated. Let us the study, in 18 different States more Humanitarian Affairs, the World Food hope that the bottlenecks are being re- than 10 percent of households contain Program, World Health Organization, moved so the State Department, the loaded firearms. In one State, the num- UNICEF and the U.N. High Commis- Department of Homeland Security, and ber is higher than 19 percent. In addi- sioner for Refugees have all contrib- particularly FEMA, can speed the de- tion, in 23 different States more than 5 uted personnel and resources to help in livery of aid from our friends around percent of households keep firearms the recovery. Canadian search and res- the world without further delay. unlocked and loaded. The most star- cue teams from as far away as British f tling statistic revealed by researchers Colombia were on the ground in some is that 1.69 million children in the U.S. Louisiana communities as early as Au- LOCAL LAW ENFORCEMENT live in households where firearms are gust 31, even before FEMA had mobi- ENHANCEMENT ACT OF 2005 kept unlocked and loaded. lized American relief workers. Mr. SMITH. Mr. President, I rise Statistics like these should give us It is not often that we, the world’s today to speak about the need for hate pause, especially when we consider the only superpower, find ourselves on the crimes legislation. Each Congress, Sen- impact that safe gun storage practices receiving end of foreign aid. It is al- ator KENNEDY and I introduce hate can have on preventing accidental most always the other way around, crimes legislation that would add new shootings and suicides by kids using when Americans respond, as we do con- categories to current hate crimes law, guns. A study published recently in the tinuously, to the needs of people suf- sending a signal that violence of any Journal of the American Medical Asso- fering from famine, conflict and nat- kind is unacceptable in our society. ciation found that the risk of uninten- ural disasters overseas. It is notable Likewise, each Congress I have come to tional shooting or suicide by minors that our own disaster relief specialists the floor to highlight a separate hate using a gun is reduced by as much as 61 in USAID’s Office of Foreign Disaster crime that has occurred in our coun- percent when ammunition in the home Assistance are assisting in this domes- try. is locked up. Simply storing ammuni- tic recovery effort. On February 27, 2004, James Maestas tion separately from the gun reduces The outpouring of sympathy and the and Joshua Stockham received exten- such occurrences by more than 50 per- hundreds of millions of dollars in con- sive physical injuries by a group of cent. tributions by Americans to the victims men after a confrontation at a res- Recently, I joined with 69 of my col- of the South Asian tsunami earlier this taurant in Santa Fe, NM. The apparent leagues in voting for an amendment of- year are today being reciprocated by motivation for the beating was that fered by Senator KOHL that would re- some of those same countries, and by they were a gay couple. Maestas, who quire licensed dealers, manufacturers, scores of others. spent more than a week in intensive and importers to include a safe gun From the wealthiest European coun- care, had to undergo extensive physical storage or gun safety device with every tries and Japan, to the poorest, such as and speech therapy, according to the handgun they sell. Hopefully Senator Bangladesh and Sri Lanka, generous district attorney. KOHL’s amendment will become law. offers of cash, water purification and I believe that the Government’s first We can do more to help stop acci- communications equipment, and emer- duty is to defend its citizens, to defend dents involving children and guns. I

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9821 urge my colleagues to join me in sup- comes from domestically produced oil. gain. The pain is for American con- porting commonsense gun storage re- The major integrated oil companies are sumers and the gain has been for the quirements so that fewer families will larger and have more economic clout major integrated oil companies and have to endure the pain of losing a than they have had previously. They OPEC countries, and I think Congress child or loved one because of a prevent- are experiencing the $30-a-barrel in- ought to weigh in on behalf of Amer- able tragedy involving a firearm. creased price above the $35 price that ican consumers. That is what my bill f existed in January 2004, and that attempts to do. means they are reaping $7 billion a And with its exemption for invest- THE WINDFALL PROFITS REBATE month in windfall or excess profits. ment in exploration, it does not at- ACT OF 2005 That is $80 billion a year in excess or tempt to help consumers by punishing Mr. DORGAN. Mr. President, yester- windfall profits. That is being paid by oil companies. day I introduced legislation called the consumers who drive up to the service I hope Congress will immediately Windfall Profits Rebate Act of 2005 station and now receive the sticker consider adopting this measure and that attempts to address the spiraling shock of paying an arm and a leg for a provide some help to American con- cost of oil and gasoline. Let me explain tank full of gas. sumers at a time when gasoline prices why I introduced this measure. A friend of mine gassed up his car are providing sticker shock every sin- I come from a State of 642,000 citizens and his son’s car with 15 gallons in gle day. spread out in a landmass 10 times the each car the other day and paid $103.00 size of Massachusetts. at the gas pump. f As a result of being a large Northern In addition to the windfall profits INQUIRY ON GASOLINE PRICES Great Plains State with a small popu- being gathered by the major integrated lation and being a predominately agri- oil companies in our country, it is also Mr. NELSON of Nebraska. Mr. Presi- cultural State, we use a substantial the case that 60 percent of that which dent, I appreciate this opportunity to amount of energy, specifically gaso- we use comes from off our shore. That speak about S. 1610, a bill requiring the line. has become a type of forced revenue Federal Trade Commission to conduct In fact, North Dakota uses twice as sharing from American consumers to an inquiry into the retail price of gaso- much gasoline per capita than New the Saudis, Kuwaitis, and others. There line. I thank my colleagues, Senators York does. Though these price spikes is not much we can do about that in FRIST and HARRY REID, for their leader- hurt all Americans, they are especially the short term except to implement ship and Senators LANDRIEU and VIT- devastating to citizens who live in policies that try to wean us away from TER and so many others for their ef- rural States. the addiction we have to foreign oil. forts in working through this time of Let me say first that the tragedy However, with respect to domestic unprecedented destruction and human that we are witnessing on the Gulf companies and domestic production suffering. Coast is devastating. The effects of and domestic pricing, we can do some- I am here today to lend my support Hurricane Katrina will be felt by the thing. for giving U.S. gasoline consumers a people of Louisiana, Mississippi and My legislation calls for a 50-percent more thorough understanding of the Alabama for a long time to come and excise tax on crude oil profits over $40 pricing mechanisms that are at play at my prayers go out to them in this time a barrel when those prices are earned the pump. The legislation I propose by the largest oil companies with the of need. The people in the gulf region calls for the Federal Trade Commission most ability to control the overall have lost so much. to conduct an immediate study into price. These are companies that, in It is also the case that the hurricane whether rising gas prices are the result many cases, move oil from the ground has affected America’s energy supply of a struggling market or whether mar- to gas pumps and control all of the in the short term. A number of refin- ket manipulation or a form of gouging processes in between. The revenue that eries were shut down. A couple of is taking place during this time of would be collected from this excise tax major pipelines were unable to operate tragedy. would be used to provide a rebate to and there has been and will be an im- Even before Hurricane Katrina, the American consumers to help them off- pact on our energy supply and mar- Consumer Federation of America cited set the burden of higher energy costs keting as a result of this hurricane. several reasons for the dramatic in- that they are now forced to pay. crease in gasoline prices, including But it important to understand that But my legislation also has a very tight crude oil inventories, inadequate the price spikes we have seen with the important exemption. If the oil com- oil refinery capacity, lack of competi- price of oil and gasoline cannot be pany is using the revenue from the tion and the oil industry’s increasing blamed exclusively on this hurricane. extra $30 a barrel they are receiving to market power. These are all plausible We were headed down this road long increase exploration, or make invest- reasons for price spikes, but they are before Hurricane Katrina hit. ments to search for additional sources In fact, since the beginning of 2004, of energy, or to increase refining ca- not enough to stop the questions of we have seen the price of oil double pacity, or to pursue investments in people concerned with their tighter from $35 a barrel to nearly $70 a barrel other renewable forms of energy, then budgets. and that has resulted in consumers that money would be exempt from this Between Nebraska and Iowa, more having to pay more than $3 a gallon for windfall profits tax. than 500 complaints have been made to gasoline in many parts of the country. In other words, these large compa- State officials about high prices. Offi- It is important to point out that at nies would decide themselves whether cials in both States indicate they have $35 a barrel, the energy industry was they pay this tax. If they are buying seen no evidence of market manipula- making record profits. Now the oil in- back their stock or hoarding cash with tion by retailers. Retailers are not sin- dustry claims that these higher prices which to engage in mergers and acqui- gled out as the focus of this bill. are a result of supply-and-demand sitions, then they would be paying the My bill calls for a 2-week study on issues and that they need these addi- excise tax and the consumers would be the root of rising gasoline prices, in- tional profits for exploration. receiving the benefit of that excise tax. cluding both regular gasoline and eth- However, I believe that the extra $30 I am not trying to hurt the oil com- anol-blended gasoline. The report per barrel that is tacked on to a barrel panies or put them out of business. I would then be forwarded to Congress of oil these days represents a windfall want additional robust domestic explo- for further action. If the report deter- or excess profit to the major integrated ration that would be exempt from the mines no market manipulation is oc- oil companies, and I propose that we windfall profits tax. curring, the FTC would notify the U.S. recapture part of that with an excise However, American consumers Secretary of Energy, who would use tax and rebate it to consumers who are should not pay these inflated prices the information to determine whether paying these inflated gas prices. just to fatten the corporate treasury of the Federal petroleum reserve would Here are some numbers to remember: the major integrated oil companies. need to be tapped for additional oil. We use 21 million barrels of oil a day in The substantial rise in the price of But if manipulation is found, we will this country. Forty percent of that oil and gas has produced both pain and have the opportunity to act quickly.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9822 CONGRESSIONAL RECORD — SENATE September 8, 2005 The FTC would work with the attor- When we take a hard look at the Great Lakes, LCDR Luke Clyburn. neys general of various affected States facts, we will better understand the Commander Clyburn is captain of the to take appropriate action. forces affecting prices at the pump. ship ‘‘Pride of Michigan’’ and president I am aware that inquiries as these We’ll understand why in Nebraska we of the Noble Odyssey Foundation. He is have been conducted in the past, par- pay prices that range from $2.89 to $3.61 an innovative, committed leader who ticularly around this time of year. and higher. We’ll understand reports of has worked for more than 32 years to Price surges around the time of the $6.00 gasoline in Atlanta and even high- educate young people about the impor- Labor Day holiday are common. As the er prices at home and abroad. This leg- tance of the Great Lakes and other prices fall, interest in determining why islation is nothing but beneficial for fresh water lakes through the Naval they reached record level diminishes. I American gasoline consumers. Sea Cadets training program. We are hope this can be different. Even if Now, I ask my colleagues to join me grateful for his long and distinguished prices begin to fall, which it appears in promoting legislation that will pro- service. they may, we still need to know what vide valuable information on our Na- The U.S. Naval Sea Cadet Corps was happened and why it happened. tion and the world’s transportation incorporated by an act of Congress in Oil, as we all know, is the most wide- fuels. 1962, and a Great Lakes Division was ly used source of energy in the world. f added in 1973. The mission of the Corps Facts indicate that world production of is to ‘‘encourage and aid American oil will start to decline. However, de- NATIONAL ASSISTED LIVING youth to develop, train them in sea- mand will not. At what point the pro- WEEK going skills, and to teach them patriot- duction of oil will fall below demand Mr. WYDEN. Mr. President, today I ism, courage, self-reliance and kindred cannot be accurately determined, but I want to draw attention to the 11th an- virtues.’’ For more than 32 years, Com- believe that recent events that have nual National Assisted Living Week, mander Clyburn has accepted that disrupted normal supply and demand which begins on September 11 and con- charge. behavior is an illustration of what continues through September 17. Created Under Commander Clyburn’s able sumers can expect once that day ar- in 1995 by the National Center for As- leadership, the Sea Cadet program ac- rives. sisted Living, and being celebrated for quired a retired naval vessel, the This is why, after years of delay, it the second time in conjunction with ‘‘Noble Odyssey,’’ in 1977. On it, Sea Ca- was so important that we were able to the American Association of Homes dets from Michigan learned to man a pass an energy bill, allowing for the de- and Services for the Aging and Assisted ship from bow to stern, and they took velopment of more energy sources. I Living Federation of America, Na- part in invigorating scientific mis- am hopeful that these energy sources, tional Assisted Living Week empha- sions. With the cadets as crew, Com- particularly renewable fuels made from sizes the importance of assisted living mander Clyburn put together a series farm commodities, will be developed services to the more than 1 million sen- of Great Lakes research projects with quickly enough to prevent price surges iors and persons with disabilities who professional scientists. at times the oil supply or refinery ca- rely on them every day. In 1989, it was my honor to help Com- pacity is disrupted. The theme for this week is ‘‘A Fair mander Clyburn replace the ‘‘Noble Od- According to the American Petro- to Remember.’’ The theme encourages yssey’’ with a larger ship, another re- leum Institute, Nebraska has the dis- assisted living facilities to create their tired naval vessel, the ‘‘Pride of Michi- tinct honor of being the only State own ‘‘Fair’’ environment for the resi- gan.’’ On the ‘‘Pride of Michigan,’’ west of Arkansas to see prices jump dents, families, staff, volunteers and Luke has continued the same great more than 50 cents per gallon since Au- work with the same great results. The local community and to celebrate their gust 30. Why Nebraska? Let’s find out. scientific work has included significant time together and share the fun with In many cases, we saw pump price in- research on invasive zebra mussels, family and friends. creases of 20, 30, 40 cents and even high- which are harming the Great Lakes, Assisted living continues to grow in er in a single day. Why such a dramatic and an investigation of an ancient importance as our society’s demo- increase? Let’s find out. drowned forest 2 miles off of Lexington, graphics change and as we live longer. We know there exists a very healthy MI. These projects have been filmed Seniors and their families want a competition between gasoline retailers, and produced into documentaries, in- homelike setting and are seeking alter- yet the price range for the same grade cluding the educational videos ‘‘Fresh natives to nursing homes. Because as- of gasoline yesterday was $3.19 in Lin- Water Invaders,’’ ‘‘Angels of the Sea,’’ sisted living has been able to develop coln, Nebraska and $2.99 in nearby Fre- ‘‘Emperor,’’ ‘‘The Underwater Forest,’’ to meet community needs, it can be mont. Why the difference? Let’s find and ‘‘The Norwood Project.’’ very different in different States. How- out. In 2002, the Noble Odyssey Founda- ever, the goal is the same: to provide What role do speculators play in es- tion was established as a nonprofit or- quality care for those who need some tablishing price? Let’s find out. ganization to raise money for the Sea help in caring for themselves but are These questions, and others, are im- Cadet Corps. With Luke as its presi- not in need of the care provided by a portant. Every part of our Nation’s dent, the foundation has ensured the nursing home. economy is impacted by these in- future of the Naval Sea Cadet Program, My home State of Oregon pioneered creases. Great Lakes Division. For example, the extraordinary the concept of assisted living, and I am Commander Clyburn has dedicated prices of gasoline, diesel fuel, natural proud of my State’s ability to continue himself to teaching young people about gas and petroleum derived input prod- to evolve the concept so that it meets the importance of fresh water and how ucts such as fertilizer, chemicals and the changing needs of seniors. All of us to protect these resources for future propane add another economic burden, want to be in a safe environment and generations. He has been an inspiration particularly in rural areas and for as independent as possible for as long and a gift to so many youth, and, along farmers and ranchers who count on a as possible. Assisted living provides the way, he has made great contribu- ready and accessible energy supply for care while maintaining the dignity of tions to scientific discovery. I know the production and harvest of their the individuals they serve. Our Nation that my colleagues join me in thanking crops and livestock. must continue to support those long- and praising Commander Clyburn for We need stable and reasonable gaso- term care options that allow con- line, diesel, and natural gas prices to his distinguished service to our coun- sumers the care setting that is appro- try. operate farm machinery, dry grain, and priate for their needs. f transport commodities to market, es- f pecially during the coming harvest sea- ADDITIONAL STATEMENTS son. The extreme volatility of world IN HONOR OF LIEUTENANT crude oil and petroleum product prices, COMMANDER LUKE CLYBURN according to USDA, has already im- Mr. LEVIN. Mr. President, it is with HONORING JON KRAHULIK pacted net farm income by over $2 bil- great pride that I pay tribute to an ex- ∑ Mr. BAYH. Mr. President, I rise lion. ceptional educator and steward of the today with a heavy heart to honor the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9823 life of a great man, Jon Krahulik, who teers to recruit, a board to create, pa- cation by district. He was also the first died this week after a courageous perwork to file, and money to raise. African American to run a statewide struggle with cancer. He was a good But even though Elliott was still a full- campaign in Nebraska. Sonny had a friend, devoted family man, and faith- time CEO of a large public company, he long and distinguished career in public ful public servant. I will miss him dear- managed to build a solid foundation on service including serving as a legisla- ly, and I know that sentiment is shared which the Dietary Supplement Edu- tive aide for Congressman John by countless others across Indiana. cation Alliance can continue to grow. Cavanaugh and as deputy labor com- I had the honor of appointing Jon to Elliott Balbert served as president of missioner for Governor Bob Kerrey. the Indiana Supreme Court more than the board of trustees for the Dietary When I was Governor, he served in mul- 15 years ago. While on the court, he Supplement Education Alliance for tiple positions in my administration. served Indiana with distinction, gar- more than 4 years. He planted the These are indeed significant accom- nering the admiration of all those seeds, nurtured them, and watched plishments. And it is indeed appro- whom he encountered. During his time them blossom into a thriving organiza- priate that we celebrate them. But you on the bench, he authored nearly 120 tion. know what Sonny treasured most was opinions, shaping the laws of our State I admire the fact that Elliott isn’t breaking the ground for others to fol- and influencing policymakers across afraid to put his money where his low—much more than anything he did the country. mouth is. He has provided ongoing on his own. In a very real sense, Sonny Whether it was teaching law, serving philanthropic support to a number of lived his life so others could enjoy as a trial lawyer, working to reform health-related charities, including the their own success. Sonny lit the torch State government or recommending Vitamin Angels, the Healthy Founda- and passed it on. We must commit to changes to Indiana’s criminal justice tion, and other initiatives that provide never let that torch go out because of system, Jon brought to bear his re- health benefits to the underprivileged. apathy or inaction. He set the stand- markable talents and his belief in the As Elliott moves on to dedicate more ard—it is for others, for us, to now up- potential of humanity. He always time to his business, I want to take hold. sought justice while forging collective this opportunity to express my grati- I had a lot of time to think about solutions. His record of service to the tude for the outstanding job he has what to say about Sonny in the eulogy legal profession was matched only by done for the Dietary Supplement Edu- I delivered at his memorial service his service and dedication to the com- cation Alliance. We wish Elliott and hoping to do justice to a most remark- munity. his family all the best, and we salute able life cut short by some divine plan Jon went to law school in Indianap- his leadership in working toward a which we must reluctantly accept. I olis and stayed on to practice law for healthier America.∑ started by listing his many qualities: nearly two decades at Bingham Sum- Sonny was brilliant and perceptive. He mers Welsh & Spilman. He resigned f was loyal, honest, trustworthy, depend- from the Indiana Supreme Court to be- JOSEPH P. ‘‘SONNY’’ FOSTER able, responsible, competent, caring, come president at Chemed Corp., in ∑ Mr. NELSON of Nebraska. Mr. Presi- passionate and compassionate. Cincinnati. A true family man who pos- dent, I am here today to speak about He was totally trustworthy. Sonny sessed a deep love for the law, Jon later my cherished friend, long time aide, was honest. He would tell you what you returned to Indianapolis to start a law and trusted confidante, Sonny Foster, needed to know, not what he thought firm with his two sons. who died unexpectedly on August 25. you wanted to hear. This was one of his His personal accomplishments are as I first met Sonny in 1973 when he and impressive as his professional ones. A most endearing qualities. I served together on the Urban League One time I teased him by saying I man of incredible physical strength, Board. Sonny was still a student at preferred to be told that my idea was Jon ran in several marathons and com- Creighton and I was counsel to an in- peted in an Iron Man Triathlon in Ha- unlikely to work rather than be asked surance company. Sonny loved to tell ‘‘who came up with that crazy idea?’’ waii. the story of my first Urban League Indiana lost a great man when cancer Sonny was focused on getting things meeting at the old Logan Fontenelle took Jon away from us. It is my sad done. No task was ever too big or im- Center. When the meeting ended and I honor to enter the name of Jon portant or too small for him. Stories went to drive home, I found, to my dis- Krahulik in the RECORD of the United abound about his tackling impossible States Senate for his service to Indiana may, that someone had helped them- immigration cases and solving them. and for his profound contributions to selves to my battery. Sonny retold the He met my plane when he could have the field of law.∑ story the week before he died. With his assigned it to someone else. Those 20 unique high-pitched laugh he said ‘‘We minute trips gave us uninterrupted f never expected to see him again!’’ But time to talk, to catch up, and to tease TRIBUTE TO ELLIOTT BALBERT I came back and a friendship began one another about one thing or an- ∑ Mr. HARKIN. Mr. President, more that lasted for more than 30 years! other. than 10 years ago I was proud to work In 1989, when I was planning to run Then there is Sonny’s passion. Every- shoulder to shoulder with Senator for Governor, some 16 years later, we one has a story about how strongly ORRIN HATCH to pass the Dietary Sup- teamed up. No one ever expected us to Sonny Foster felt about each and every plement Health Education Act, win, and we never expected to lose. And cause. He didn’t suffer foolishness. He DSHEA, to give consumers access to we didn’t. It was his first time to man- possessed the ability to sort things out. dietary supplements and truthful infor- age a statewide campaign and my first Not bashful, he told you what he mation about these products. That is time as a candidate for office. Of this thought and sometimes in colorful one of the reasons it is my great pleas- victory, the Omaha World-Herald said terms. Most of those terms cannot be ure to pay special tribute to Elliott in its August 27, 2005 editorial ‘‘Foster repeated here. Some thought Sonny Balbert, upon his retirement as the put his stamp on the political map of lacked patience. I see it the other way president of the Dietary Supplement Nebraska by the start of the 21st Cen- around. His dedication, his devotion to Education Alliance. tury—not only because of his assist- his work, his dogged perseverance Elliott Balbert recognized the need ance in planting BEN NELSON firmly in manifested itself in bold and bombastic to get the word out about the growing the political firmament, but also in his ways. When he cared, you knew it! body of scientific support for dietary steadfast efforts to make the Demo- Underneath the bombast and the pas- supplement use. So, 5 years ago, he cre- cratic Party a force in his North sion was a deep well of compassion. ated a unique industry alliance of com- Omaha base.’’ Sonny had a soft, caring side. I think panies to focus on providing meaning- Much has been made of Sonny’s today of all those constituents who ful information about the health bene- firsts. He was the first African Amer- benefited from his good work in our of- fits and responsible use of dietary sup- ican elected to be student body presi- fice. How he cared about their prob- plements. dent at Creighton University in 1973. lems! He left an indelible impression. Starting a brandnew nonprofit orga- He was the first African American An e-mail from a young TV reporter nization is not easy. There were volun- elected to the Omaha Board of Edu- who has left Omaha for another market

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9824 CONGRESSIONAL RECORD — SENATE September 8, 2005 wrote, ‘‘A few years ago, Sonny took from three disciplines: engineering, originally a Carnegie Library. This ele- time out of his schedule to talk with natural sciences, and social sciences, vator installation is the first phase of a me about working in politics. I walked arts and humanities. Graduate degrees project called ‘‘Expanding Accessi- away from that evening knowing in the three major disciplines will also bility to the Arts,’’ which aims to in- Sonny loved his job meeting and work- be available. Total enrollment is ex- crease the number of people who can ing for all Nebraskans and representing pected to reach 5,000 in 5 years and experience the programs and services Gov./Sen. NELSON. I’ll never forget his reach 25,000 in 2035. The number of aca- offered by the arts center. The next guidance, career advice and passion for demic programs and degree offerings steps in the plan are to refurbish the his job.’’ will increase accordingly as the univer- building’s workshop and classroom What was an everyday meeting for sity grows. areas to provide wheelchair access and Sonny made a lasting impression on The students, faculty, and staff of eliminate sources of allergic reaction, this young man. Sonny had that affect the inaugural UC Merced class deserve and to expand the arts center exhibits on people. special praise for their vision as they and programs to meet the needs of the I will be the first to admit that I take on the responsibility of building entire community. wouldn’t be standing here today after and expanding the 10th University of This Carnegie Library building has 15 years in elective office without California to one that will some day be been the cultural center of the Charles Sonny. He had a political sense un- steep in tradition, history, and excel- City community since it was opened to matched in Nebraska. He heard the lence. In due time, the students, fac- the public in 1904. When much of the rumblings long before the storms. He ulty, and the staff of the first UC downtown was devastated by a tornado didn’t need to poll anyone to determine Merced class will be rightfully seen as in 1968, the Carnegie building was mi- the mood of the people. He just knew. pioneers to those who will follow in raculously spared. In 2004, the Carnegie His instincts were right on. And that’s their path in the years and decades to Library celebrated its centennial anni- why people sought his opinion and lis- come. versary. tened when he spoke. The opening of the University of The addition of an elevator, plus Mrs. Foster described the last time California, Merced is made possible by other changes to improve access for she was with Sonny as being ‘‘jolly.’’ the tireless work and dedication of people with disabilities, will help to Have I mentioned that laugh? Sonny scores of committed public officials, equip the Carnegie Library building for filled the room with his presence and hard-working professionals, and deter- its next 100 years. As the principal au- his persona. It overflowed when he mined citizens. Every person who has thor of the Americans with Disabilities laughed that unique, infectious belly lent a helping hand to the UC Merced Act, I am heartened to see more and laugh. No one enjoyed a practical joke campus can take great pride in know- more of our old, historic buildings more than Sonny, except maybe me! I ing that their hard work has resulted being retrofitted to improve access for think Mrs. Foster will forever keep in greater opportunities for future gen- citizens with disabilities. that wonderful memory of Sonny and erations of California students. The beauty of the Main Street Iowa by sharing it with all of us has given us I congratulate the University of Cali- program is that the ideas and initia- a gift we should cherish. fornia, Merced on its opening, and wish tives come from our small towns and Thank you Sonny, for all you did for its faculty, students and the commu- rural communities. I have been pleased me, for my family, and most impor- nity a bright future as they help make to secure $1.5 million in funding since tant, for the State of Nebraska. The the Central Valley and California an 2002 for Main Street Iowa Challenge ‘‘good life’’ will not quite be the same even better place to live.∑ Grants. The Iowa Department of eco- without you.∑ f nomic development provides technical assistance, but, as we have seen in f CHARLES CITY, IOWA, Charles City, success itself comes from CELEBRATING THE OPENING OF REVITALIZATION local leadership, local teamwork, and THE UNIVERSITY OF CALI- ∑ Mr. HARKIN. Mr. President, one of home-grown ideas and solutions. FORNIA, MERCED CAMPUS the greatest challenges we face—not This project is demonstrates how ∑ Mrs. BOXER. Mr. President, I rise to just in Iowa but all across America—is renovations of old buildings can serve recognize the opening of the University preserving the character and vitality of to jumpstart broader civic improve- of California, Merced, the first new our small towns. This is about econom- ments. When people see one of the an- University of California campus in 40 ics, but it is also about our culture and chors of Main Street being renovated years. identity. After all, you won’t find the or expanded, this can change the whole The University of California, Merced heart and soul of Iowa at Wal-Mart or psychology of a town or community. It is the 10th campus in the University of Home Depot out in the strip malls. No, offers hope. It serves as a catalyst for California system, widely renowned as the heart and soul of Iowa is in our a far-reaching ripple effect of positive one of the finest public university sys- family farms, and on Main Street in changes. tems in the world. Merced, located in small communities all across my So I congratulate the citizens of the heart of the San Joaquin Valley in State. That’s why we need to be as gen- Charles City for putting together a Central California, was selected as the erous as possible—and creative as pos- winning proposal to secure a Main site of the new campus in 1995 after a sible—in keeping our downtowns not Street Challenge Grant. Their efforts thorough and competitive screening just alive but thriving. to reinvigorate the city’s historic process that took 7 years and involved As a member of the Senate Appro- downtown and improve access for peo- more than 80 different locations. priations Committee, I am involved in ple with disabilities are setting a ter- The 1,000 students in the inaugural funding many hundreds of programs rific example for other small towns 2005 class are a shining example of the every year. But the Main Street Iowa across America—and for that, I salute diversity that is a great strength of program—providing challenge grants them.∑ California. Students from Del Norte to to revitalize downtown buildings across f San Diego, and from the Pacific Coast my State—is in a class by itself. It’s to the Sierra Nevada, make up the di- smart. It’s effective. And it touches ADEL, IOWA, REINVIGORATION verse student body population. A sig- communities and people in very con- ∑ Mr. HARKIN. Mr. President, one of nificant number of the students are the crete ways the greatest challenges we face—not first in their families to attend college For example, the citizens of Charles just in Iowa but all across America—is and come from underrepresented ethnic City, IA, are revitalizing their down- preserving the character and vitality of or racial minority groups in the Cen- town and inspiring new interest in fine our small towns. This is about econom- tral Valley. arts. Charles City received a Main ics, but it is also about our culture and The University of California, Merced Street Challenge Grant to construct an identity. After all, you won’t find the will grow steadily in the coming years. elevator addition to the Charles City heart and soul of Iowa at Wal-Mart or Initially, the university will offer arts center, which is housed in a his- Home Depot out in the strip malls. No, major degrees in nine different majors toric, city-owned building that was the heart and soul of Iowa is in our

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9825 family farms, and on Main Street in preserving the character and vitality of chology of a town or community. It small communities all across my our small towns. This is about econom- sets a positive example. It offers hope. State. That’s why we need to be as gen- ics, but it is also about our culture and It serves as a catalyst for a far-reach- erous as possible—and creative as pos- identity. After all, you won’t find the ing ripple effect of positive changes. sible—in keeping our downtowns not heart and soul of Iowa at Wal-Mart or I congratulate the citizens of Bedford just alive but thriving. Home Depot out in the strip malls. No, for putting together a winning proposal As a member of the Senate Appro- the heart and soul of Iowa is in our to secure a Main Street Challenge priations Committee, I’m involved in family farms, and on Main Street in Grant. Their efforts to reclaim their funding many hundreds of programs small communities all across my heritage and reinvigorate their historic every year. But the Main Street Iowa State. That’s why we need to be as gen- downtown are setting a terrific exam- program—providing challenge grants erous as possible—and creative as pos- ple for other small towns across Amer- to revitalize downtown buildings across sible—in keeping our downtowns not ica, and for that, I salute them.∑ my State—is in a class by itself. It’s just alive but thriving. f smart. It’s effective. And it touches As a member of the Senate Appro- WATERLOO, IOWA, communities and people in very con- priations Committee, I’m involved in REVITALIZATION crete ways. funding many hundreds of programs ∑ For example, Aubrey Dunbar and the every year. But the Main Street Iowa Mr. HARKIN. Mr. President, one of the greatest challenges we face—not citizens of Adel, IA are taking strides program—providing challenge grants just in Iowa but all across America—is to improve commerce and aesthetics in to revitalize downtown buildings across preserving the character and vitality of their downtown area. Adel’s Main my state—is in a class by itself. It’s our towns. This is about economics, Street revitalization efforts received a smart. It’s effective. It has a powerful but it is also about our culture and $45,000 Main Street Challenge Grant in multiplier effect. And it touches com- identity. After all, you won’t find the 2004 to be used toward the purchase and munities and people in very concrete heart and soul of Iowa at Wal-Mart or installation of an elevator in Aubrey ways. Home Depot out in the strip malls. No, Dunbar’s Grandeur on the Square, a For example, the citizens of Bedford, the heart and soul of Iowa is in our three story effort containing shops and IA, have shown tremendous initiative family farms, and on Main Street in a restaurant. Mr. Dunbar kept the his- in rescuing and restoring an important communities all across my State. That toric charm of the older buildings by piece of their heritage, the Garland is why we need to be as generous as Hotel, formerly known as the Bedford refurbishing rather than replacing the possible—and creative as possible—in House. This building and business has tin ceilings, and even maintained the keeping our downtowns not just alive been a centerpiece in their downtown old Masonic symbol on one of the but thriving. buildings. since 1857. The Garland Hotel was As a member of the Senate Appro- The beauty of the Main Street Iowa placed on the National Register of His- priations Committee, I am involved in program is that the ideas and initia- toric Places by the National Park funding many hundreds of programs tives come from our small towns and Service in 1977, but it fell into disrepair every year. But the Main Street Iowa rural communities. I have been pleased and closed in 1997. program—providing challenge grants to secure $1.5 million in funding since The citizens of Bedford are now de- to revitalize downtown buildings across 2002 for Main Street Iowa Challenge termined to restore the Garland Hotel my State—is in a class by itself. It is Grants. The Main Street programs of its former glory, and they are doing so smart. It is effective, and it touches the Iowa Department of Economic De- with the help of a Main Street Chal- communities and people in very con- velopment help provide technical as- lenge Grant. The $40,000 Main Street crete ways. sistance, but, as we have seen in Adel, grant is not only helping the Garland For example, the citizens of Waterloo success itself comes from local leader- Hotel, it’s serving as a catalyst to mo- are in the process of reinvigorating ship, local teamwork, and home-grown bilize the community and leverage ad- their downtown district. With the sup- ideas and solutions. ditional funding. $260,000 has been in- port of a HUD challenge grant, Na- Projects like the restoration of the vested by private citizens and compa- tional Trust for Historic Preservation, Grandeur on the Square in Adel lever- nies to see the project through its com- the city of Waterloo, and the local age the spirit and morale of people in pletion. The Main Street grant itself Main Street program, the Fowler our small towns and local commu- will be used to reinstall the hotel’s his- Project in Waterloo will play a signifi- nities. Grandeur on the Square has toric columns, second floor balcony, cant role in the revitalization of its drawn affluent shoppers into Adel and and the original signage on the hotel’s central business district. Upon its com- has benefited downtown businesses. An fac¸ade. pletion, the project will encourage and average of 200 people now go through The beauty of the Main Street Iowa inspire additional participation in the downtown Adel daily as a result of the program is that the ideas and initia- downtown effort, and serve as a pro- shopping and dining opportunities cre- tives come from our small towns and gressive economic engine of culture, ated by Mr. Dunbar. When people see rural communities. I have been pleased arts, and entertainment. This will sup- one of the anchor businesses on Main to secure $1.5 million in funding since port the synergy of young profes- Street being renovated or expanded, 2002 for Main Street Iowa Challenge sionals, increase members of the cre- this can change the whole psychology Grants. The beauty of the Main Street ative class in the Cedar Valley, and of a town or community. It offers hope. Iowa program is that the ideas and ini- provide an alternative commercial en- It serves as a catalyst for a far-reach- tiatives come from our small towns terprise for the city. The Fowler ing ripple effect of positive changes. and rural communities. I have been Project will be an integral tool in re- I congratulate Aubrey Dunbar and pleased to secure $1.5 million in fund- making downtown Waterloo into a the citizens of Adel for putting to- ing since 2002 for Main Street Iowa thriving cultural, civic, and commer- gether a winning proposal to secure a Challenge Grants. The Main Street pro- cial crossroads of the Midwest. Main Street Challenge Grant. Their ef- grams of the Iowa Department of Eco- The beauty of the Main Street Iowa forts to reclaim their heritage and re- nomic Development help provide tech- program is that the ideas and initia- invigorate their historic downtown are nical assistance, but, as we have seen tives come from our towns and rural setting a terrific example for other in Bedford, success itself comes from communities. I have been pleased to se- small towns across America, and for local leadership, local teamwork, and cure $1.5 million in funding since 2002 that, I salute them.∑ home-grown ideas and solutions. for Main Street Iowa Challenge Grants. f Projects like the restoration of the The Main Street programs of the Iowa Garland Hotel in Bedford leverage the Department of Economic Development BEDFORD, IOWA, RECLAIMING spirit and morale of people in our small help provide technical assistance, but, HISTORY towns and local communities. When as we have seen in Waterloo, success ∑ Mr. HARKIN. Mr. President, one of people see one of the anchor businesses itself comes from local leadership, the greatest challenges we face—not on Main Street being renovated or ex- local teamwork, and home-grown ideas just in Iowa but all across America—is panded, this can change the whole psy- and solutions.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9826 CONGRESSIONAL RECORD — SENATE September 8, 2005 This project is a shining example of tion to the rest of Valley Junction, and City Herald, Eloise Thorson are mak- new construction and a catalyst for fu- the project itself will allow for ex- ing efforts to improve their downtown ture projects. When people see one of panded business hours, special events, and spur investment in the area. Eloise the anchors of Main Street being ren- private parties, and jazz music on a and the Story City Herald received a ovated or expanded, this can change regular basis. This upwards expansion Main Street Challenge Grant in 2003 to the whole psychology of a town or com- is an innovative solution to the lack of reclaim their old downtown location. munity. It offers hope. It serves as a commercial space present in the Valley In 1987, the building that had housed catalyst for a far-reaching ripple effect Junction area. It is a model for other the Story City Herald was deemed unof positive changes. proprietors to emulate, as demand for safe for occupancy and demolished. Re- So I congratulate the citizens of Wa- retail space far exceeds the availability ceipt of the $25,000 Main Street Chal- terloo for putting together a winning of property. I salute Caren Sturm and lenge Grant was the true catalyst to proposal to secure a Main Street Chal- the rest of Valley Junction for their the reestablishment of the Story City lenge Grant. Their efforts to reinvigo- hard work to maintain the status of Herald in its original location. rate their historic downtown are set- their town as one of the best retail and This positive change is causing more ting a terrific example for other towns downtown areas in Iowa. positive change, as vacancies in Story across America, and for that, I salute The beauty of the Main Street Iowa City’s downtown are being filled and them.∑ program is that the ideas and initia- more building owners are taking inter- f tives come from local creativity. I have est in improving the look of their been pleased to secure $1.5 million in downtown. Community pride in the VALLEY JUNCTION, IOWA, funding since 2002 for Main Street Iowa downtown is returning. Since becoming INNOVATIVE EXPANSION Challenge Grants. The Main Street pro- a Main Street Iowa Community in No- ∑ Mr. HARKIN. Mr. President, one of grams of the Iowa Department of Eco- vember of 2004, Story City’s downtown the greatest challenges we face—not nomic Development help provide tech- has seen over $4 million in private in- just in Iowa but all across America—is nical assistance, but, as we have seen vestment, as well as a net gain of 16 preserving the character and vitality of in Valley Junction, success itself businesses and 46 jobs. our towns. This is about economics, comes from local leadership, local Eloise Thorson and the Main Street but it is also about our culture and teamwork, and home-grown ideas and Challenge Grant gave a great deal back identity. After all, you won’t find the solutions. to the community by replacing a long heart and soul of Iowa at Wal-Mart or This project is a shining example of vacant building lot with a magnificent Home Depot out in the strip malls. No, new construction and a catalyst for fu- piece of architecture, gracing Story the heart and soul of Iowa is in our ture projects. When people see one of City’s ‘‘main’’ street. The community family farms, and on Main Street in the anchors of Main Street being ren- pride in this project is evident as pe- communities all across my State. That ovated or expanded, this can change destrians walk along Broad Street and is why we need to be as generous as the whole psychology of a town or com- stop to show off this new construction to visitors and tourists. Residents are possible and creative as possible in munity. It offers hope. It serves as a proud to have this century-old business keeping our downtowns not just alive catalyst for a far-reaching ripple effect located back in the downtown district, but thriving. of positive changes. As a member of the Senate Appro- So I congratulate Caren Sturm and renewing faith in the future of Story priations Committee, I am involved in the citizens of Valley Junction for put- City. The beauty of the Main Street Iowa funding many hundreds of programs ting together a winning proposal to se- program is that the ideas and initia- every year. But the Main Street Iowa cure a Main Street Challenge Grant. tives come from our small towns and program—providing challenge grants Their efforts to reinvigorate their his- to revitalize downtown buildings across rural communities. I have been pleased toric downtown are setting a terrific to secure $1.5 million in funding since my State—is in a class by itself. It’s example for other shopping districts smart. It’s effective. And it touches 2002 for Main Street Iowa Challenge across America, and for that, I salute Grants. The Main Street programs of communities and people in very con- ∑ them. the Iowa Department of Economic De- crete ways. f For example, the citizens of Valley velopment help provide technical as- Junction, IA, have been working hard STORY CITY, IOWA, DOWNTOWN sistance, but, as we have seen in Story to make their area a true destination INVESTMENT City, success itself comes from local leadership, local teamwork, and home- in central Iowa and a more vibrant ∑ Mr. HARKIN. Mr. President, one of community. With the help of a Main grown ideas and solutions. the greatest challenges we face—not This project is a shining example of Street Iowa Challenge Grant, the La- just in Iowa but all across America—is new construction and a catalyst for fu- gniappe in Valley Junction, a trendy preserving the character and vitality of ture projects. When people see one of boutique offering art, jewelry, gifts, ac- our small towns. This is about econom- the anchors of Main Street being ren- cessories, and clothing with an empha- ics, but it is also about our culture and ovated or expanded, this can change sis on local artists is now expanding. identity. After all, you won’t find the the whole psychology of a town or com- The retail area will be expanded by ap- heart and soul of Iowa at Wal-Mart or munity. It offers hope. It serves as a proximately 1,000 square feet and will Home Depot out in the strip malls. No, catalyst for a far-reaching ripple effect offer garden art, fountains, planters, the heart and soul of Iowa is in our of positive changes. wind chimes, and other outdoor acces- family farms, and on Main Street in So I congratulate Eloise Thorson and sories. The new addition will also add a small communities all across my the citizens of Story City for putting social flare to the specialty shop with State. That is why we need to be as together a winning proposal to secure a an outdoor seating area for 50 people. generous as possible—and creative as Main Street Challenge Grant. Their ef- The second floor remodeling will allow possible—in keeping our downtowns forts to reinvigorate their historic expanded selection of wine and gour- not just alive but thriving. downtown are setting a terrific exam- met foods. The addition of a coffee/ As a member of the Senate Appro- ple for other small towns across Amer- wine bar, featuring a beautifully pre- priations Committee, I am involved in ica, and for that, I salute them.∑ funding many hundreds of programs served oak and marble bar, will provide f an elegant conversation area with ac- every year. But the Main Street Iowa cess to a rooftop garden. This New Or- program providing challenge grants to SIGOURNEY, IOWA, leans-style atmosphere is quite fitting revitalize downtown buildings across IMPROVEMENTS for this boutique, named for the Creole my State is in a class by itself. It is ∑ Mr. HARKIN. Mr. President, one of term for ‘‘a little something extra’’ smart. It is effective. And it touches the greatest challenges we face—not This expansion project is mainly the communities and people in very con- just in Iowa but all across America—is brainchild of Caren Sturm, the owner crete ways. preserving the character and vitality of of the Lagniappe. Her creative and in- For example. the citizens of Story our small towns. This is about econom- novative thinking serves as an inspira- City, IA, and the editor of the Story ics, but it is also about our culture and

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9827 identity. After all, you won’t find the our small towns. This is about econom- their historic downtown are setting a heart and soul of Iowa at Wal-Mart or ics, but it is also about our culture and terrific example for other small towns Home Depot out in the strip malls. No, identity. After all, you won’t find the across America, and for that, I salute the heart and soul of Iowa is in our heart and soul of Iowa at Wal-Mart or them.∑ family farms, and on Main Street in Home Depot out in the strip malls. No, f small communities all across my the heart and soul of Iowa is in our GREENFIELD, IOWA, State. That is why we need to be as family farms and on Main Street in REVITALIZATION generous as possible—and creative as small communities all across my possible—in keeping our downtowns State. That is why we need to be as ∑ Mr. HARKIN. Mr. President, one of not just alive but thriving. generous as possible and creative as the greatest challenges we face not just As a member of the Senate Appro- possible in keeping our downtowns not in Iowa but all across America—is pre- priations Committee, I’m involved in just alive but thriving. serving the character and vitality of funding many hundreds of programs As a member of the Senate Appro- our small towns. This is about econom- every year. But the Main Street Iowa priations Committee, I’m involved in ics, but it is also about our culture and program—providing challenge grants funding many hundreds of programs identity. After all, you won’t find the to revitalize downtown buildings across every year. But the Main Street Iowa heart and soul of Iowa at Wal-Mart or my State—is in a class by itself. It’s program providing challenge grants to Home Depot out in the strip malls. No, smart. It’s effective. And it touches revitalize downtown buildings across the heart and soul of Iowa is in our communities and people in very con- my state is in a class by itself. It’s family farms, and on Main Street in crete ways. smart. It’s effective. And it touches small communities all across my For example, the citizens of communities and people in very con- State. That is why we need to be as Sigourney, IA, have been working hard crete ways. generous as possible—and creative as to improve the image and opportuni- For example, the town of Jewell, IA possible—in keeping our downtowns ties offered by their downtown. Forty is taking great strides to renovate and not just alive but thriving. thousand dollars was awarded to the reinvigorate their downtown area. As a member of the Senate Appro- Sigourney Main Street-Chamber in the With the assistance of a Main Street priations Committee, I am involved in form of a Main Street Challenge Grant. Challenge grant, Jewell is taking great funding many hundreds of programs The money was used to renovate the strides to restore the vitality and beau- every year. But the Main Street Iowa building that now houses the Copper ty of their Main Street. One such program providing challenge grants to Lantern, a restaurant, and Van’s Lofts. project is at 632 Main Street, a building revitalize downtown buildings across Each property is on a prominent corner that has housed a bank, a millinery, a my State—is in a class by itself. It is in Sigourney’s downtown. Van’s Lofts newspaper office, and a senior citizen smart. It is effective. And it touches will provide high quality residential center. Although the building has been communities and people in very con- living with four new rental units, and vacant for a number of years, the crete ways. the Copper Lantern now offers another Jewell Area Development Enterprise For example, the citizens of Green- dining option. plans to return the building to its field, IA, have been working hard to The beauty of the Main Street Iowa former grandeur thanks in part to a improve their downtown and their cul- program is that the ideas and initia- Main Street HUD Challenge Grant. The tural opportunities. Main Street tives come from our small towns and hopes and dreams of the original build- Greenfield was awarded a $30,000 Main rural communities. I have been pleased ers will once again be seen in Jewell’s Street Challenge Grant for the E.E. to secure $1.5 million in funding since future through the renovated building Warren Opera House Association to in- 2002 for Main Street Iowa Challenge that will hold prosperous businesses on stall an elevator. The $150,000 project Grants. The Main Street programs of the main floor and an apartment on was completed in July of this year. the Iowa Department of Economic De- the upper story. The city received Other investments in the building have velopment help provide technical as- $40,000 through the Main Street Chal- included weather proofing, outside sistance, but, as we have seen in lenge program, and citizens have called fac¸ade improvements, and interior re- Sigourney, success itself comes from that grant a catalyst for the renova- habilitation including theater restora- local leadership, local teamwork, and tion of 632 Main. tion, installation of restrooms, me- home-grown ideas and solutions. The beauty of the Main Street Iowa chanical and electrical systems, re- This project is a shining example of program is that the ideas and initia- modeling, and decorating. The Opera new construction and a catalyst for fu- tives come from our small towns and House, which is listed on the National ture projects. When people see one of rural communities. I have been pleased Register of Historic Places, offers both the anchors of Main Street being ren- to secure $1.5 million in funding since historic and sentimental value to the ovated or expanded, this can change 2002 for Main Street Iowa Challenge Greenfield community. The physical the whole psychology of a town or com- Grants. The Iowa Department of eco- size of the building and its architec- munity. It offers hope. It serves as a nomic development provides technical tural significance enhance the aes- catalyst for a far-reaching ripple effect assistance, but, as we have seen in thetics of their public square. The of positive changes. Both of these Jewell, success itself comes from local Opera House itself serves as a social projects are cornerstones of commu- leadership, local teamwork, and home- center for the arts, and as a site for nity development, and serve as an in- grown ideas and solutions. community dances, theater perform- spiration to other property owners in This project is a shining example of ances, and meetings providing edu- the area. new construction and a catalyst for fu- cation in rural—folk—cultural, and I congratulate the citizens of ture projects. When people see one of fine arts. It also serves to draw busi- Sigourney for putting together a win- the anchors of Main Street being ren- ness to Greenfield by increasing activ- ning proposal to secure a Main Street ovated or expanded, this can change ity on the town square. Challenge Grant. Their efforts to rein- the whole psychology of a town or com- The beauty of the Main Street Iowa vigorate their historic downtown are munity. It offers hope. It serves as a program is that the ideas and initia- setting a terrific example for other catalyst for a far-reaching ripple effect tives come from our small towns and small towns across America, and for of positive changes. This project serves rural communities. I have been pleased that, I salute them.∑ as an impetus for further downtown to secure $1.5 million in funding since f renovation projects, and the interest to 2002 for Main Street Iowa Challenge continue in the beautification and res- Grants. The Main Street programs of JEWELL, IOWA, DOWNTOWN toration of downtown Jewell was clear the Iowa Department of Economic De- REINVIGORATION when I visited it in August. velopment help provide technical as- ∑ Mr. HARKIN. Mr. President, one of I congratulate the citizens of Jewell sistance, but, as we have seen in Green- the greatest challenges we face not just for putting together a winning proposal field, success itself comes from local in Iowa but all across America—is pre- to secure a Main Street Challenge leadership, local teamwork, and home- serving the character and vitality of Grant. Their efforts to reinvigorate grown ideas and solutions.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9828 CONGRESSIONAL RECORD — SENATE September 8, 2005 This project is a shining example of attendance has proven the seven-day-a- The Upper Main Revitalization new construction and a catalyst for fu- week schedule to be worthwhile. The project started as a two-building rehab, ture projects. When people see one of theatre has had a very positive impact and has since expanded to six build- the anchors of Main Street being ren- on other downtown businesses as well, ings. Marking an important gateway ovated or expanded, this can change bringing customers from all over Clay- into Dubuque’s downtown district, the whole psychology of a town or com- ton County into Elkader. This project Upper Main, arguably the neediest dis- munity. It offers hope. It serves as a has been a tremendous success for trict in the city center, will be taken catalyst for a far-reaching ripple effect Elkader, Clayton County and Main from one of the most blighted blocks of positive changes. Street Iowa. remaining in downtown Dubuque to The addition of an elevator will im- The beauty of the Main Street Iowa one of the most refreshed, vibrant prove access for people with disabil- program is that the ideas and initia- stretches of street in the district. This ities and will equip the Opera House for tives come from our small towns and project will put the second and third its next 100 years. As the principal au- rural communities. I have been pleased floors of these buildings back into resi- thor of the Americans with Disabilities to secure $1.5 million in funding since dential use for the first time in more Act, I am heartened to see more and 2002 for Main Street Iowa Challenge than 30 years. Momentum is already more of our old, historic buildings Grants. The Main Street programs of growing in this district as a result of being retrofitted to improve access for the Iowa Department of Economic De- this project. citizens with disabilities. velopment help provide technical as- The second grant will be used to ren- So I congratulate the citizens of sistance, but, as we have seen in ovate and restore the Old German Greenfield for putting together a win- Elkader, success itself comes from Bank, whose most recent incarnation ning proposal to secure a Main Street local leadership, local teamwork, and was as the Silver Dollar Cantina. This Challenge Grant. Their efforts to rein- home-grown ideas and solutions. building is an extremely significant vigorate their historic downtown are This project is a shining example of structure in the oldest Historic Dis- setting a terrific example for other new construction and a catalyst for fu- trict in Dubuque. The building suffered small towns across America, and for ture projects. When people see one of a double hit 3 1/2 years ago when the that, I salute them.∑ the anchor businesses on Main Street sandy soil in the Main Street area set- f being renovated or expanded, this can tled, causing cracks in the building. change the whole psychology of a town This halted business for several ELKADER, IOWA, RESTORATION or community. It offers hope. It serves months. Then a few months after it re- ∑ Mr. HARKIN. Mr. President, one of as a catalyst for a far-reaching ripple opened, a fire totaled the building. The the greatest challenges we face—not effect of positive changes. Silver Dollar Cantina was popular long just in Iowa but all across America—is I congratulate the citizens of Elkader before the Old Main district was con- preserving the character and vitality of for putting together a winning proposal sidered to be trendy, so it was a consid- our small towns. This is about econom- to secure a Main Street Challenge erable loss to the downtown area when ics, but it is also about our culture and Grant. Their efforts to reinvigorate it was forced to close. With the use of identity. After all, you won’t find the their historic downtown are setting a their Main Street Grant, the Silver heart and soul of Iowa at Wal-Mart or terrific example for other small towns Dollar will open again, filling the niche Home Depot out in the strip malls. No, across America, and for that, I salute of a popular lunchtime spot and even the heart and soul of Iowa is in our them.∑ more popular nightclub. This grant is family farms, and on Main Street in f serving to preserve a true anchor of the small communities all across my DUBUQUE, IOWA, DOWNTOWN community. State. That’s why we need to be as gen- The beauty of the Main Street Iowa REVITALIZATION erous as possible—and creative as pos- program is that the ideas and initia- sible—in keeping our downtowns not ∑ Mr. HARKIN. Mr. President, one of tives come from our towns and rural just alive but thriving. the greatest challenges we face—not communities. I have been pleased to se- As a member of the Senate Appro- just in Iowa but all across America—is cure $1.5 million in funding since 2002 priations Committee, I’m involved in preserving the character and vitality of for Main Street Iowa Challenge Grants. funding many hundreds of programs our towns. This is about economics, The Main Street programs of the Iowa every year. But the Main Street Iowa but it is also about our culture and Department of Economic Development program—providing challenge grants identity. After all, you won’t find the help provide technical assistance, but, to revitalize downtown buildings across heart and soul of Iowa at Wal-Mart or as we have seen in Dubuque, success my state—is in a class by itself. It’s Home Depot out in the strip malls. No, itself comes from local leadership, smart. It’s effective. And it touches the heart and soul of Iowa is in our local teamwork, and home-grown ideas communities and people in very con- family farms, and on Main Street in and solutions. crete ways. communities all across my State. That This project is a shining example of For example, the citizens of Elkader is why we need to be as generous as new construction and a catalyst for fu- restored and reopened one of the cor- possible—and creative as possible—in ture projects. When people see the an- nerstones of their town, the Elkader keeping our downtowns not just alive chors on Main Street being renovated Cinema. The Elkader Cinema, formerly but thriving. or expanded, this can change the whole known as the ‘‘Circle Theatre,’’ was re- As a member of the Senate Appro- psychology of a town or community. It paired with the assistance of a Main priations Committee, I am involved in offers hope. It serves as a catalyst for Street Challenge Grant. The faded, bro- funding many hundreds of programs a far-reaching ripple effect of positive ken marquee and dilapidated building every year. But the Main Street Iowa changes. were sad focal points in Elkader’s program—providing challenge grants So I congratulate the citizens of Du- downtown, and the entire building was to revitalize downtown buildings across buque for putting together winning on the verge of demolition when the my State—is in a class by itself. It’s Main Street proposals. Their efforts to citizens of Elkader formed a special smart. It’s effective. And it touches reinvigorate their historic downtown committee to spearhead the reopening communities and people in very con- are setting a terrific example for other the theatre. The committee was award- crete ways. small towns across America, and for ed a Main Street Challenge Grant of For example, the citizens of Du- that, I salute them.∑ nearly $50,000. Without the grant from buque, IA are showing much initiative f Main Street Iowa, the private party in restoring and renovating their down- who purchased and renovated the the- town area. Dubuque actually received CENTRAL CITY, IOWA, DOWNTOWN atre building most likely would not two Main Street Challenge Grants for REVITALIZATION have undertaken the project, as it their downtown; one to restore a six- ∑ Mr. HARKIN. Mr. President, one of would have been too risky. building, 30-residential unit, 13-store- the greatest challenges we face—not The theatre is now a thriving busi- front neighborhood, and one to revive a just in Iowa but all across America—is ness. It is open seven days a week, and landmark building downtown. preserving the character and vitality of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9829 our towns. This is about economics, rural communities. I have been pleased Department of Cultural Affairs, and but it is also about our culture and to secure $1.5 million in funding since that designation resulted in part from identity. After all, you won’t find the 2002 for Main Street Iowa Challenge the impact of these two projects along heart and soul of Iowa at Wal-Mart or Grants. The Main Street programs of with the other investments encouraged Home Depot out in the strip malls. No, the Iowa Department of Economic De- through their initiative. The beauty of the heart and soul of Iowa is in our velopment help provide technical as- the Main Street Iowa program is that family farms and on Main Street in sistance, but, as we have seen in Cen- the ideas and initiatives come from our communities all across my State. That tral City, success itself comes from towns and rural communities. I have is why we need to be as generous as local leadership, local teamwork, and been pleased to secure $1.5 million in possible—and creative as possible—in home-grown ideas and solutions. funding since 2002 for Main Street Iowa keeping our downtowns not just alive These projects are a shining example Challenge Grants. The Main Street pro- but thriving. of new construction and a catalyst for grams of the Iowa Department of Eco- As a member of the Senate Appro- future projects. When people see the nomic Development help provide tech- priations Committee, I’m involved in anchor businesses on Main Street being nical assistance, but, as we have seen funding many hundreds of programs renovated or expanded, this can change in Cedar Falls, success itself comes every year. But the Main Street Iowa the whole psychology of a town or com- from local leadership, local teamwork, program—providing challenge grants munity. It offers hope. It serves as a and home-grown ideas and solutions. to revitalize downtown buildings across catalyst for a far-reaching ripple effect This project is a shining example of my state—is in a class by itself. It’s of positive changes and future develop- new construction and a catalyst for fu- smart. It’s effective. And it touches ment. ture projects. When people see one of communities and people in very con- I congratulate the citizens of Central the anchor businesses on Main Street crete ways. City for putting together winning pro- being renovated or expanded, this can For example, the citizens of Central posals to secure Main Street Challenge change the whole psychology of a town City, IA, are making efforts to improve Grants. Their efforts to reinvigorate or community. It offers hope. It serves their downtown areas. Central City re- their historic downtown are setting a as a catalyst for a far-reaching ripple ceived a $50,000 Main Street Challenge terrific example for other small towns effect of positive changes. across America, and for that, I salute Grant in 2002, and has since put that I congratulate the citizens of Cedar them.∑ money to use renovating 4 different Falls for putting together a winning buildings. f proposal to secure a Main Street Chal- This first project was built in 1914 as CEDAR FALLS, IOWA lenge Grant. Their efforts to revitalize a bank, but housed taverns and bars for ∑ Mr. HARKIN. Mr. President, one of their historic downtown are setting a more than 60 years. It was vacant for 15 the greatest challenges we face—not terrific example for other towns across years before renovation, and is now in just in Iowa but all across America—is America, and for that, I salute them.∑ use as an art and gift center. It was the preserving the character and vitality of f winner of a 2004 Main Street Iowa our towns. This is about economics, Award for best total rehabilitation of a MESSAGES FROM THE PRESIDENT but it is also about our culture and small building. identity. After all, you won’t find the Messages from the President of the The next project allowed an inter- heart and soul of Iowa at Wal-Mart or United States were communicated to national shipping and marketing serv- Home Depot out in the strip malls. No, the Senate by Mr. Williams, one of his ice company, to repair and re-paint the the heart and soul of Iowa is in our secretaries. fac¸ade of their building, improving the family farms and on Main Street in f roof, decking, masonry, and parapets. communities all across my State. That The third project, the McShane EXECUTIVE MESSAGES REFERRED is why we need to be as generous as Annex, has been empty since 1989 when possible and creative as possible in As in executive session the Presiding a fire destroyed the interior of the keeping our downtowns not just alive Officer laid before the Senate messages building. Using the Main Street Grant, but thriving. from the President of the United the building’s renovation included a As a member of the Senate Appro- States submitting sundry nominations new rubber roof, removal of warped priations Committee, I’m involved in which were referred to the appropriate plywood covering on the windows, an funding many hundreds of programs committees. installation of energy efficient win- every year. But the Main Street Iowa (The nominations received today are dows, and a restoration of the historic program—providing challenge grants printed at the end of the Senate pro- storefront of the two-story, brick Vic- to revitalize downtown buildings across ceedings.) torian commercial building. The build- my state—is in a class by itself. It’s f ing is now the home of Timeless Treas- smart. It’s effective. And it touches ures, an Americana retail store. communities and people in very con- MESSAGES FROM THE HOUSE The final project is the renovation of crete ways. At 12:08 p.m., a message from the the former Mills Hardware building, An example of this effect can be House of Representatives, delivered by another two story, brick Victorian found in the efforts of the citizens of Mr. Croatt, one of its reading clerks, commercial structure. This building Cedar Falls to restore and reinvigorate announced that the House has passed was vacant for 10 years. Rear windows their downtown area. Downtown Cedar the following bills, in which it requests were broken and the upstairs had be- Falls pursued the Challenge Grant op- the concurrence of the Senate: come the home for nesting birds, but portunity from Main Street Iowa on H.R. 3169. An act to provide the Secretary with the help of the Main Street grant, behalf of two projects: The Black Hawk of Education with waiver authority for stu- the building quickly turned into the Hotel, which is the oldest continuously dents who are eligible for Pell Grants who home of Aragon Mortgage and Aragon running hotel in the state of Iowa; and are adversely affected by a natural disaster. Medical Equipment. Improvements and the Jiva Salon spa building. Both H.R. 3650. An act to allow United States renovations to the building included buildings received dramatic fac¸ade im- courts to conduct business during emergency the installation of a new roof, repair of provements that restored the buildings conditions, and for other purposes. the masonry, a paint job for the wood to their intended looks, and as a result The message also announced that the trim, the decorative metal window cor- contributed to the success of the busi- House has agreed to the following reso- nices, and the roof parapet, the addi- nesses that occupy them. The hotel lution: tion of an ADA-compliant entrance, also renovated its interior, adding a H. Res. 422. Resolution expressing the pro- the creation of a new housing for the barber shop, an evening lounge, 24 lux- found sorrow of the House of Representatives freight elevator, and the installation of ury suites, a deli, and a sushi bar, and on the death of the Honorable William H. more than 20 energy-efficient windows. the salon now houses a first class spa Rehnquist, Chief Justice of the United The beauty of the Main Street Iowa that attracts a regional audience. States. program is that the ideas and initia- Downtown Cedar Falls is a newly rec- The message further announced that tives come from our small towns and ognized Cultural District by the Iowa the House has passed the following

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9830 CONGRESSIONAL RECORD — SENATE September 8, 2005 joint resolution without amendment EC–3600. A communication from the Pro- gust 17, 2005; to the Committee on Com- and with an amendment to the pre- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. amble: tion, Department of Transportation, trans- EC–3610. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- S.J. Res. 19. Joint resolution calling upon entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- the President to issue a proclamation recog- Procedures; Miscellaneous Amendments mitting, pursuant to law, the report of a rule nizing the 30th anniversary of the Helsinki (331)’’ ((RIN2120–AA65)(2005–0021)) received on entitled ‘‘Second-in-Command Pilot Type Final Act. August 17, 2005; to the Committee on Com- Rating’’ (RIN2120–AI38) received on August The message also announced that the merce, Science, and Transportation. 17, 2005; to the Committee on Commerce, House has agreed to the following con- EC–3601. A communication from the Pro- Science, and Transportation. current resolution, without amend- gram Analyst, Federal Aviation Administra- EC–3611. A communication from the Pro- ment: tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- S. Con. Res. 52. Concurrent resolution pro- entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule viding for the use of the catafalque situated Procedures; Miscellaneous Amendments entitled ‘‘Modification of Legal Description in the crypt beneath the Rotunda of the Cap- (81)’’ ((RIN2120–AA65)(2005–0020)) received on of the Class E Airspace; Columbia Regional itol in connection with memorial services to August 17, 2005; to the Committee on Com- Airport, MO’’ ((RIN2120–AA66)(2005–0166)) re- be conducted in the Supreme Court Building merce, Science, and Transportation. ceived on August 17, 2005; to the Committee for the late honorable William H. Rehnquist, EC–3602. A communication from the Pro- on Commerce, Science, and Transportation. Chief Justice of the United States. gram Analyst, Federal Aviation Administra- EC–3612. A communication from the Pro- At 5: 18 p.m., a message from the tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- House of Representatives, delivered by entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule Mr. Hays, one of its reading clerks, an- Procedures; Miscellaneous Amendments entitled ‘‘Modification of Class D and Class E nounced that the House has passed the (117)’’ ((RIN2120–AA65)(2005–0022)) received on Airspace; Topeka, Forbes Field, KS’’ following bills, in which it requests the August 17, 2005; to the Committee on Com- ((RIN2120–AA66)(2005–0177)) received on Au- concurrence of the Senate: merce, Science, and Transportation. gust 17, 2005; to the Committee on Com- H.R. 3668. An act to provide the Secretary EC–3603. A communication from the Pro- merce, Science, and Transportation. of Education with waiver authority for stu- gram Analyst, Federal Aviation Administra- EC–3613. A communication from the Pro- dents who are eligible for Federal student tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- grant assistance who are adversely affected mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- by a major disaster. entitled ‘‘IFR Altitudes; Miscellaneous mitting, pursuant to law, the report of a rule H.R. 3669. An act to temporarily increase Amendments (16)’’ ((RIN2120–AA63)(2005– entitled ‘‘Modification of Class D and Class E the borrowing authority of the Federal 0004)) received on August 17, 2005; to the Airspace; Salina Municipal Airport, KS’’ Emergency Management Agency for car- Committee on Commerce, Science, and ((RIN2120–AA66)(2005–0185)) received on Au- rying out the national flood insurance pro- Transportation. gust 17, 2005; to the Committee on Com- gram. EC–3604. A communication from the Pro- merce, Science, and Transportation. H.R. 3672. An act to provide assistance to gram Analyst, Federal Aviation Administra- EC–3614. A communication from the Pro- families affected by Hurricane Katrina, tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- through the program of block grants to mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- states for temporary assistance for needy entitled ‘‘IFR Altitudes; Miscellaneous mitting, pursuant to law, the report of a rule families. Amendments (62)’’ ((RIN2120–AA63)(2005– entitled ‘‘Modification and Revocation of H.R. 3673. An act making further emer- 0005)) received on August 17, 2005; to the Federal Airways; AK; CORRECTION’’ gency supplemental appropriations to meet Committee on Commerce, Science, and ((RIN2120–AA66)(2005–0178)) received on Au- immediate needs arising from the con- Transportation. gust 17, 2005; to the Committee on Com- sequences of Hurricane Katrina, for the fis- EC–3605. A communication from the Pro- merce, Science, and Transportation. cal year ending September 30, 2005, and for gram Analyst, Federal Aviation Administra- EC–3615. A communication from the Pro- other purposes. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- f entitled ‘‘Change of Controlling Agency for mitting, pursuant to law, the report of a rule ENROLLED BILL SIGNED Restricted Area R–2531; Tracy, CA’’ entitled ‘‘Modification of Legal Description ((RIN2120–AA66)(2005–0180)) received on Au- of Class C and Class E Airspace; Lincoln, The message further announced that gust 17, 2005; to the Committee on Com- NE’’ ((RIN2120–AA66)(2005–0186)) received on the Speaker has signed the following merce, Science, and Transportation. August 17, 2005; to the Committee on Com- enrolled bill: EC–3606. A communication from the Pro- merce, Science, and Transportation. H.R. 3650. An act to allow United States gram Analyst, Federal Aviation Administra- EC–3616. A communication from the Pro- courts to conduct business during emergency tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- conditions, and for other purposes. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- The enrolled bill was signed subse- entitled ‘‘Revocation of Compulsory Report- mitting, pursuant to law, the report of a rule ing Point; MT’’ ((RIN2120–AA66)(2005–0187)) entitled ‘‘Establishment of Area Navigation quently by the Acting President pro received on August 17, 2005; to the Com- Routes; AK: CORRECTION’’ ((RIN2120– tempore (Mr. SUNUNU). mittee on Commerce, Science, and Transpor- AA66)(2005–0174)) received on August 17, 2005; tation. to the Committee on Commerce, Science, At 8: 12 p.m., a message from the EC–3607. A communication from the Pro- and Transportation. House of Representatives, delivered by gram Analyst, Federal Aviation Administra- EC–3617. A communication from the Pro- Ms. Niland, one of its reading clerks, tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- announced that the Speaker has signed mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- the following enrolled bill: entitled ‘‘Modification and Revocation of mitting, pursuant to law, the report of a rule H.R. 3673. An act making further emer- Federal Airways; AK; CORRECTION’’ entitled ‘‘Establishment of Class E2 Air- gency supplemental appropriations to meet ((RIN2120–AA66)(2005–0188)) received on Au- space; and Modification of Class E5 Airspace; immediate needs arising from the con- gust 17, 2005; to the Committee on Com- Storm Lake, IA’’ ((RIN2120–AA66)(2005–0181)) sequences of Hurricane Katrina, for the fis- merce, Science, and Transportation. received on August 17, 2005; to the Com- EC–3608. A communication from the Pro- cal year ending September 30, 2005, and for mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- other purposes. tation. tion, Department of Transportation, trans- EC–3618. A communication from the Pro- Under authority of the order of Sep- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tember 8, 2005, the enrolled bill was entitled ‘‘Stage 4 Aircraft Noise Standards: tion, Department of Transportation, trans- signed on today, September 8, 2005, by Docket No. FAA–2003–16523; CORRECTION’’ mitting, pursuant to law, the report of a rule the Majority Leader (Mr. FRIST). ((RIN2120–AH99)(2005–0002)) received on Au- entitled ‘‘Establishment of Class D Airspace; gust 17, 2005; to the Committee on Com- Pascagoula, MS’’ ((RIN2120–AA66)(2005–0191)) f merce, Science, and Transportation. received on August 17, 2005; to the Com- EXECUTIVE AND OTHER EC–3609. A communication from the Pro- mittee on Commerce, Science, and Transpor- COMMUNICATIONS gram Analyst, Federal Aviation Administra- tation. tion, Department of Transportation, trans- EC–3619. A communication from the Pro- The following communications were mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- laid before the Senate, together with entitled ‘‘Harmonization of Noise Certifi- tion, Department of Transportation, trans- accompanying papers, reports, and doc- cation Standards for Propeller-Driven Small mitting, pursuant to law, the report of a rule uments, and were referred as indicated: Airplanes’’ (RIN2120–AI25) received on Au- entitled ‘‘Establishment of Class D Airspace;

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9831 Front Range Airport, Denver, CO’’ ((RIN2120– mitting, pursuant to law, the report of a rule Series Airplanes’’ ((RIN2120–AA64)(2005–0372)) AA66)(2005–0189)) received on August 17, 2005; entitled ‘‘Modification of Class E Airspace; received on August 17, 2005; to the Com- to the Committee on Commerce, Science, Mead Municipal Airport, KS’’ ((RIN2120– mittee on Commerce, Science, and Transpor- and Transportation. AA66)(2005–0171)) received on August 17, 2005; tation. EC–3620. A communication from the Pro- to the Committee on Commerce, Science, EC–3639. A communication from the Pro- gram Analyst, Federal Aviation Administra- and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–3630. A communication from the Pro- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Empresa Aspen, CO’’ ((RIN2120–AA66)(2005–0170)) re- mitting, pursuant to law, the report of a rule Brasileira de Aeronautica S.A. (EMBRAER) ceived on August 17, 2005; to the Committee entitled ‘‘Modification of Class E Airspace; Model EMB–135 Airplanes, and Model EMB– on Commerce, Science, and Transportation. Newton City-County Airport, KS’’ ((RIN2120– 145, –145ER, –145MR, –145LR, –145XR, –145MP, EC–3621. A communication from the Pro- AA66)(2005–0167)) received on August 17, 2005; –145EP Airplanes’’ ((RIN2120–AA64)(2005– gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, 0371)) received on August 17, 2005; to the tion, Department of Transportation, trans- and Transportation. Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule EC–3631. A communication from the Pro- Transportation. entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- EC–3640. A communication from the Pro- Mariposa, CA’’ ((RIN2120–AA66)(2005–0169)) tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- received on August 17, 2005; to the Com- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule tation. Washington, MO’’ ((RIN2120–AA66)(2005–0175)) entitled ‘‘Airworthiness Directives: Lock- EC–3622. A communication from the Pro- received on August 17, 2005; to the Com- heed Model L–1011–385 Series Airplanes’’ gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- ((RIN2120–AA64)(2005–0370)) received on Au- tion, Department of Transportation, trans- tation. gust 17, 2005; to the Committee on Com- mitting, pursuant to law, the report of a rule EC–3632. A communication from the Pro- merce, Science, and Transportation. entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- EC–3641. A communication from the Pro- Chalkyitsik, AK; CORRECTION’’ ((RIN2120– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- AA66)(2005–0173)) received on August 17, 2005; mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- to the Committee on Commerce, Science, entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule and Transportation. Dodge City Regional Airport, KS’’ ((RIN2120– entitled ‘‘Airworthiness Directives: Airbus EC–3623. A communication from the Pro- AA66)(2005–0184)) received on August 17, 2005; Model A300 B4–600, B4–600R, and F4–600R Se- gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, ries Airplanes, and Model A300 C4–605R Vari- tion, Department of Transportation, trans- and Transportation. ant F Airplanes (Collectively Called A300–600 mitting, pursuant to law, the report of a rule EC–3633. A communication from the Pro- Series Airplanes)’’ ((RIN2120–AA64)(2005– entitled ‘‘Revocation of Restricted Area R– gram Analyst, Federal Aviation Administra- 0369)) received on August 17, 2005; to the 7104; Vieques Island, PR’’ ((RIN2120– tion, Department of Transportation, trans- Committee on Commerce, Science, and AA66)(2005–0190)) received on August 17, 2005; mitting, pursuant to law, the report of a rule Transportation. to the Committee on Commerce, Science, entitled ‘‘Modification of Class E Airspace; EC–3642. A communication from the Pro- and Transportation. Norfolk, NE’’ ((RIN2120–AA66)(2005–0183)) re- gram Analyst, Federal Aviation Administra- EC–3624. A communication from the Pro- ceived on August 17, 2005; to the Committee tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- EC–3634. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Model 747–200C and 747–200F Series Air- entitled ‘‘Revision of VOR Federal Airway tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64)(2005–0368)) received V–537’’ ((RIN2120–AA66)(2005–0176)) received mitting, pursuant to law, the report of a rule on August 17, 2005; to the Committee on on August 17, 2005; to the Committee on entitled ‘‘Modification of Class E Airspace; Commerce, Science, and Transportation. Commerce, Science, and Transportation. Abilene Municipal Airport, KS’’ ((RIN2120– EC–3643. A communication from the Pro- EC–3625. A communication from the Pro- AA66)(2005–0182)) received on August 17, 2005; gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, tion, Department of Transportation, trans- tion, Department of Transportation, trans- and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–3635. A communication from the Pro- entitled ‘‘Airworthiness Directives: Boeing entitled ‘‘Revision of VOR Federal Airways gram Analyst, Federal Aviation Administra- Model 727, 727C, 727–100, 727–100C, 727–200, and V–9, V–50, V–67, V–69, V–129, V–173, and V–233; tion, Department of Transportation, trans- 727–200F Series Airplanes’’ ((RIN2120– and Jet Routes J–35, J–80, J–101, and J–137; mitting, pursuant to law, the report of a rule AA64)(2005–0382)) received on August 17, 2005; Springfield, IL’’ ((RIN2120–AA66)(2005–0192)) entitled ‘‘Airworthiness Directives: Bom- to the Committee on Commerce, Science, received on August 17, 2005; to the Com- bardier Model CL–600–1A11 (CL–600), Model and Transportation. mittee on Commerce, Science, and Transpor- CL–600–2A12 (CL–601), and Model CL–600–2B16 EC–3644. A communication from the Pro- tation. (CL–601–3A, CL–601–3R, and CL–604) Air- gram Analyst, Federal Aviation Administra- EC–3626. A communication from the Pro- planes’’ ((RIN2120–AA64)(2005–0375)) received tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- on August 17, 2005; to the Committee on mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives: McDon- mitting, pursuant to law, the report of a rule EC–3636. A communication from the Pro- nell Douglas Model DC–8–11, DC–8–12, DC–8– entitled ‘‘Revision of Class E Airspace; gram Analyst, Federal Aviation Administra- 21, DC–8–31, DC–8–32, DC–8–33, DC–8–41, DC–8– Emmonak, AK’’ ((RIN2120–AA66)(2005–0172)) tion, Department of Transportation, trans- 42, DC–8–43, DC–8F–54, and DC–8F–55 Air- received on August 17, 2005; to the Com- mitting, pursuant to law, the report of a rule planes; and DC–8–50, DC–8–60, DC–8–60F, DC– mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives: Rolls 8–70 and DC–8–70F Series Airplanes’’ tation. Royce plc RB211–524 Series Turbofan En- ((RIN2120–AA64)(2005–0383)) received on Au- EC–3627. A communication from the Pro- gines’’ ((RIN2120–AA64)(2005–0374)) received gust 17, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- on August 17, 2005; to the Committee on merce, Science, and Transportation. tion, Department of Transportation, trans- Commerce, Science, and Transportation. f mitting, pursuant to law, the report of a rule EC–3637. A communication from the Pro- entitled ‘‘Amendment of Class E Airspace; gram Analyst, Federal Aviation Administra- REPORT ON THE SUSPENSION OF Blairstown, NJ’’ ((RIN2120–AA66)(2005–0168)) tion, Department of Transportation, trans- SUBCHAPTER IV OF CHAPTER 31 received on August 17, 2005; to the Com- mitting, pursuant to law, the report of a rule OF TITLE 40, UNITED STATES mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives: McDon- CODE, WITHIN A LIMITED GEO- tation. nell Douglas Model DC–10–10, DC–10–10F, DC– GRAPHIC AREA IN RESPONSE TO EC–3628. A communication from the Pro- 10–15, DC–10–30, DC–10–30F (KC–10A and KDC– THE NATIONAL EMERGENCY gram Analyst, Federal Aviation Administra- 10), DC–10–40, DC–10–40F, MD–10–10F, MD–10– tion, Department of Transportation, trans- 30F, MD–11 and MD–11F Airplanes’’ CAUSED BY HURRICANE mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2005–0373)) received on Au- KATRINA—PM 20 entitled ‘‘Amendment of Class E Airspace; gust 17, 2005; to the Committee on Com- The PRESIDING OFFICER laid be- Brunswick, ME; CORRECTION’’ ((RIN2120– merce, Science, and Transportation. fore the Senate the following message AA66)(2005–0179)) received on August 17, 2005; EC–3638. A communication from the Pro- from the President of the United to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- and Transportation. tion, Department of Transportation, trans- States, together with an accompanying EC–3629. A communication from the Pro- mitting, pursuant to law, the report of a rule report; which was referred to the Com- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Airbus mittee on Health, Education, Labor, tion, Department of Transportation, trans- Model A320–111 Airplanes and Model A320–200 and Pensions:

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9832 CONGRESSIONAL RECORD — SENATE September 8, 2005 To the Congress of the United States: The following is a list of all members of Spouses: Lydia Timken—none; Heather I hereby report that I have exercised my immediate family and their spouses. I Timken—none. my statutory authority under section have asked each of these persons to inform Contributor: Brice W. Karsh (stepson)— me of the pertinent contributions made by Contributions to Federal political commit- 3147 of title 40, United States Code, to them. To the best of my knowledge, the in- suspend the provisions of 40 U.S.C. tees: Amount, date, donee: $2,000, 6/23/03, formation contained in this report is com- Bush-Cheney ’04 (primary). 3141–3148 in the event of a national plete and accurate. emergency. I have found that the con- Contributor: Self (William R. Timken, Contributor: Frances M. Karsh (step- daughter)— ditions caused by Hurricane Katrina Jr.)— constitute a ‘‘national emergency’’ Contributions to non-federal ‘‘exempt from Contributions to Federal political commit- limits’’ committees: Amount, date, donee: tees: Amount, date, donee: $2,000, 10/29/03, within the meaning of section 3147. I $900, 1/24/01, RNC—Republican Nat. State Bush-Cheney ’04 (primary). have, therefore, suspended the provi- Elections Committee; $4,122, 1/24/01, RNC— Contributor: Catherine Boisvert (step- sions of 40 U.S.C. 3141–3148 in des- Republican Nat. State Elections Committee; daughter-in-law)— ignated areas in the States of Alabama, $30,000, 4/26/01, RNC—Republican Nat. State Contributions to Federal political commit- Florida, Louisiana, and Mississippi. Elections Committee; $40,000, 10/10/02, RNC— tees: Amount, date, donee: $2,000, 5/12/04, Republican Nat. State Elections Committee; This action is more fully set out in Bush-Cheney ’04 (primary). $5,000, 4/25/01, Nat. Republican Congressional the enclosed proclamation that I have Comm.—Non-Fed. #2. Parents: William R. Timken—deceased issued today. Contributions to Federal political commit- 1995—none. GEORGE W. BUSH. tees: Amount, date, donee: $1,000, 11/6/01, Contributor: Mary J. Timken (mother)— THE WHITE HOUSE, September 8, 2005. Elizabeth Dole Committee, Inc.; $1,000, 10/11/ deceased 2004— f 02, Elizabeth Dole Committee, Inc.; $2,499, 6/ Contributions to non-Federal ‘‘exempt 30/01, Timken Company Good Government from limits’’ committees: Amount, date, REPORT ON THE CONTINUATION Fund; $3,745, Year 2002, Timken Company donee: $10,000, 4/25/01, Nat. Republican Con- OF THE NATIONAL EMERGENCY Good Government Fund; $5,000, 4/10/01, Ohio’s gressional Comm.—Non-Fed. #2; $20,000, 12/19/ WITH RESPECT TO CERTAIN 17 Star PAC; $5,000, 4/22/02, Ohio’s 17 Star 01, RNC—Republican Nat. State Elections TERRORIST ATTACKS—PM 21 PAC; $5,000, 8/18/03, Ohio’s 17 Star PAC; $1,000, Committee; $40,000, 10/10/02, RNC—Repub- 3/11/03, Mike DeWine for U.S. Senate; $1,000, lican Nat. State Elections Committee. 3/4/04, Mike DeWine for U.S. Senate; $2,000, 3/ The PRESIDING OFFICER laid be- Contributions to Federal political commit- 4/04, Mike DeWine for U.S. Senate; $1,000, 8/ fore the Senate the following message tees: Amount, date, donee: $1000, 11/6/01, Eliz- 16/01, Voinovich for Senate Committee; from the President of the United abeth Bole Committee; $1000, 10/11/02, Eliza- $1,000, 8/16/01, Voinovich for Senate Com- beth Dole Committee; $2000, 3/4/04, Mike States, together with an accompanying mittee; $1,000, 6/21/03, Voinovich for Senate report; which was referred to the Com- Committee; $1,000, 6/21/03, Voinovich for Sen- DeWine for U.S. Senate; $2000, 3/4/04, Mike mittee on Banking, Housing, and ate Committee; $1,000, 11/9/01, Collins for Sen- DeWine for U.S. Senate; $1000, 11/9/01, Collins Urban Affairs: ate; $1,000, 9/6/02, Turner for Congress; $8,500, for Senate; $1000, 8/16/01, Voinovich for Sen- 6/9/03, National Republican Senatorial Com- ate Committee; $1000, 8/16/01, Voinovich for To the Congress of the United States: mittee; $8,500, 6/20/03, National Republican Senate Committee; $1000, 6/21/03, Voinovich Section 202(d) of the National Emer- Congressional Committee; $1,000, 8/27/03, Bill for Senate Committee; $1000, 6/21/03, Voino- gencies Act, 50 U.S.C. 1622(d), provides McCollum for U.S. Senate; $2,000, 6/2/03, vich for Senate Committee; $2000, 6/2/03, for the automatic termination of a na- Bush-Cheney ’04 (primary); $5,000, 12/31/03, Bush-Cheney ’04 (primary); $9000, 6/9/03, Na- tional emergency unless, prior to the Care Political Action Committee; $1,500, 1/25/ tional Republican Senatorial Committee; $9000, 6/20/03, National Republican Congres- anniversary date of its declaration, the 01, Stark County Republican Party; $1,500, 2/ 21/02, Stark County Republican Party; $2,000, sional Committee; $5000, 9/30/03, Care Polit- President publishes in the Federal Reg- 2/20/03, Stark County Republican Party; ical Action Committee; $5000, 4/30/04, Care ister and transmits to the Congress a $1,500, 10/24/03, Stark County Republican Political Action Committee; $2000, 1/25/01, notice stating that the emergency is to Party; $20,000, 12/19/01, Republican National Stark County Republican Party; $2000, 2/21/ continue in effect beyond the anniver- Committee; $20,000, 12/22/03, Republican Na- 02, Stark County Republican Party; $2000, 2/ sary date. Consistent with this provi- tional Committee; $1,000, 2/22/02, Rely on 20/03, Stark County Republican Party; $1500, sion, I have sent to the Federal Register Your Belief Fund, $1,000, 6/12/02, Ohio’s Re- 10/24/03, Stark County Republican Party; the enclosed notice, stating that the publican Salute. $20,000, 4/27/01, Republican National Com- Contributor: Spouse (Sue S. Timken)— mittee; $10,000, 12/22/03, Republican National emergency declared with respect to the Contributions to Federal political commit- Committee; $10,000, 9/24/03, Ohio State Cen- terrorist attacks on the United States tees: Amount, date, donee: $1,000, 12/28/01, tral & Executive Committee. of September 11, 2001, is to continue in Elizabeth Dole Committee; $1,000, 12/27/01, Grandparents: H.H. Timken—(deceased effect for an additional year. Voinovich for Senate Committee; $1,000, 12/ 1940)—none; Edith K. Timken—(deceased The terrorist threat that led to the 27/01, Voinovich for Senate Committee; 1948)—none; Ward B. Jackson—(deceased declaration on September 14, 2001, of a $1,000, 6/21/03, Voinovich for Senate Com- 1930)—none; Maude B. Jackson—(deceased mittee; $1,000, 6/21/03, Voinovich for Senate 1943)—none. national emergency continues. For this Committee; $2,000, 6/2/03, Bush-Cheney ’04 reason, I have determined that it is (primary); $5,000, 12/31/03, Care Political Ac- Contributor: Ward J. Timken (brother)— necessary to continue in effect after tion Committee; $1500, 1/26/01, Stark County Contributions to Federal political commit- September 14, 2005, the national emer- Republican Party; $20,000, 12/22/03, Repub- tees: Amount, date, donee: $5,000, 12/31/03, gency with respect to the terrorist lican National Committee; $1,000, 3/11/03, Care Political Action Committee; $1,000, 10/ 22/01, Elizabeth Dole Committee; $1,000, 10/11/ threat. Mike DeWine for U.S. Senate; $1,000, 3/4/04, Mike DeWine for U.S. Senate; $25,000, 7/26/04, 02, Elizabeth Dole Committee; $2,000, 2/19/04, GEORGE W. BUSH. Northern Ohio Victory Committee; $30,000, 7/ Mike DeWine for U.S. Senate; $1,000, 8/16/01, THE WHITE HOUSE, September 8, 2005. 28/04, 2004 Joint Candidate Committee; $7,000, Voinovich for Senate Committee; $1,000, 6/25/ f 7/28/04, 2004 Joint State Victory Committee; 03, Voinovich for Senate Committee; $1,000, 6/ 25/03, Voinovich for Senate Committee; $250, REPORTS OF COMMITTEES $2,000, 9/17/04, Bush-Cheney ’04 Compliance Committee. 12/10/02, Regula for Congress; $1,000, 11/9/01, The following reports of committees Children and Spouses: Kristen C. Timken— Collins for Senator; $2,000, 6/6/03, Bush-Che- were submitted: none. ney ’04 (primary); $1,500, 3/9/01, Stark County Contributor: H.H. Timken, II (son)— Republican Party; $1,000, 9/17/03, Stark Coun- By Mr. LOTT, from the Committee on Contributions to Federal political commit- ty Republican Party; $1,500, 10/24/03, Stark Rules and Administration: tees: Amount, date, donee: $1,000, 11/1/01, County Republican Party; $1,800, 6/30/01, Special Report entitled ‘‘Review of Legis- Elizabeth Dole Committee; $5,000, 3/18/04, Timken Company Good Government Fund; lative Activity During the 108th Congress’’ Care Political Action Committee; $2,000, 6/30/ $2,700, Year 2002, Timken Company Good (Rept. No. 109–135). 03, Bush-Cheney ’04 (primary). Government Fund; $1,800, 12/31/03, Timken The following reports are for nomi- Contributor: William R. Timken, III Company Good Government Fund; $25,000, 7/ nees discharged from the Committee (son)— 26/04, Northern Ohio Victory Committee; Contributions to Federal political commit- on Foreign Relations and confirmed on $23,000, 8/2/04, 2004 Joint State Victory Com- tees: Amount, date, donee: $500, 8/16/04, Re- Friday, July 29, 2005: mittee; $24,000, 8/2/04, 2004 Joint State Can- publican National Committee; $2,000, 9/30/04, didate Committee. William Robert Timken, Jr., of Ohio, to be Voinovich for Senate Committee. Ambassador to the Federal Republic of Ger- Contributor: Mark P. Timken (son)— Contributor: Joy A. Timken (sister-in- many. Contributions to Federal political commit- law)— Nominee: William R. Timken. Jr. tees: Amount, date, donee: $500, 6/30/04, John Contributions to Federal political commit- Post: Ambassador to Germany. Kerry for President. tees: Amount, date, donee: $1,000, 12/28/01,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9833 Elizabeth Dole Committee; $250, 9/30/04, Care 5. Grandparents: (deceased)—0. By Mr. OBAMA: Political Action Committee; $1,000, 12/27/01, 6. Brothers and Spouses: Michael and Eliz- S. 1638. A bill to provide for the establish- Voinovich for Senate Committee; $1,000, 12/ abeth Ricciardone; James and Lisa ment of programs and activities to assist in 27/01, Voinovich for Senate Committee; Ricciardone; David and Beverly mobilizing an appropriate healthcare work- $1,000, 9/30/04, Voinovich for Senate Com- Ricciardone—0. force in the event of a health emergency or mittee; $2,000, 6/6/03, Bush-Cheney ’04 (pri- 7. Sisters and Spouses: Dr. Marguerite natural disaster; to the Committee on mary); $1,500, 4/6/01, Stark County Repub- Ricciardone Stone and Dr. David R. Stone; Health, Education, Labor, and Pensions. lican Party; $4,500, 10/11/04, Stark County Re- Theresa Ricciardone Thayer and Peter By Mr. STEVENS (for himself, Mr. publican Party; $25,000, 7/29/04, Northern Ohio Thayer—0. BAUCUS, Mr. INOUYE, Mr. GRASSLEY, Victory Committee. Mr. THOMAS, Ms. MURKOWSKI, Ms. MI- f Sister and Spouse: Edith M. Timken (Wil- KULSKI, Mr. DOMENICI, Mr. COCHRAN, kins)—none; Anthony Wilkins—none. EXECUTIVE REPORT OF and Mrs. FEINSTEIN): COMMITTEE S. 1639. A bill to require the Secretary of William J. Burns, of the District of Colum- the Treasury to mint coins in commemora- bia, to be Ambassador to the Russian Fed- The following executive report of tion of the founding of America’s National eration. committee was submitted: Parks, and for other purposes; to the Com- Nominee: William J. Burns. By Mr. SPECTER for the Committee on mittee on Banking, Housing, and Urban Af- Post: Ambassador to Russia. the Judiciary. fairs. The following is a list of all members of Kenneth L. Wainstein, of Virginia, to be By Mr. NELSON of Florida: my immediate family and their spouses. I United States Attorney for the District of S. 1640. A bill to prohibit price gouging re- have asked each of these persons to inform Columbia for the term of four years. lating to certain goods and services in areas me of the pertinent contributions made by (Nominations without an asterisk affected by major disasters; to the Com- them. To the best of my knowledge, the in- mittee on Commerce, Science, and Transpor- formation contained in this report is com- were reported with the recommenda- tation. plete and accurate. tion that they be confirmed.) By Ms. SNOWE (for herself and Ms. Contributions, amount, date, donee: COLLINS): 1. Self: William J. Burns—none. f S. 1641. A bill to authorize the Secretary of 2. Spouse: Lisa A. Carty—none. 3. Children and Spouses: Elizabeth Burns— INTRODUCTION OF BILLS AND the Army to carry out a project for the miti- none; Sarah Burns—none. JOINT RESOLUTIONS gation of shore damage attributable to the 4. Parents: William F. Burns—none; Mar- project for navigation, Saco River, Maine; to The following bills and joint resolu- the Committee on Environment and Public garet C. Burns—none. tions were introduced, read the first 5. Grandparents: William H. Burns (de- Works. ceased); Eleanor Burns (deceased); John and second times by unanimous con- By Mr. CORNYN: Cassady (deceased); Mary Cassady (de- sent, and referred as indicated: S. 1642. A bill to prohibit narco-terrorists ceased). By Mr. SMITH: from aiding and supporting terrorists and 6. Brothers and Spouses: John R. Burns— S. 1632. A bill to amend the Internal Rev- terrorist organizations; to the Committee on none; Ann Davis Burns—none; Mark E. enue Code of 1986 to provide a special depre- the Judiciary. Burns—none; Jennifer Burns—none; Robert ciation allowance for certain property ac- By Mr. HARKIN (for himself and Mr. P. Burns—none; Vicki Burns—none. quired during the 3-year period beginning LEAHY): August 29, 2005; to the Committee on Fi- S. 1643. A bill to provide the Secretary of Richard Henry Jones, of Nebraska, to be nance. Agriculture with additional authority and Ambassador to Israel. By Mr. TALENT (for himself and Mr. funding to provide emergency relief, in co- Nominee: Richard Henry Jones. BOND): ordination with the Secretary of Homeland Post: Ambassador to Israel. S. 1633. A bill to allow law enforcement of- Security, to victims of Hurricane Katrina The following is a list of all members of ficers to represent themselves as minors on and related conditions; to the Committee on my immediate family and their spouses. I the Internet to better protect America’s Agriculture, Nutrition, and Forestry. have asked each of these persons to inform children from sexual predators; to the Com- By Mrs. BOXER: me of the pertinent contributions made by mittee on the Judiciary. S. 1644. A bill to promote the employment them. To the best of my knowledge, the in- By Mr. FRIST (for Mr. VITTER (for of workers displaced by Hurricane Katrina in formation contained in this report is com- himself, Ms. LANDRIEU, Mr. SPECTER, connection with Hurricane Katrina recon- plete and accurate. Mr. LEAHY, Mr. COCHRAN, Mr. COR- struction efforts; to the Committee on Contributions, amount, date, donee: NYN, Mr. HATCH, Mr. LOTT, Mr. SES- Homeland Security and Governmental Af- 1. Self: none. SIONS, Mr. GRASSLEY, and Mr. KYL)): fairs. 2. Spouse: none. S. 1634. A bill to allow United States courts By Mrs. BOXER: 3. Children and Spouses: Joseph A.W. to conduct business during emergency condi- S. 1645. A bill to establish a first responder Jones—none; Vera E.W. Jones—none; R. Ben- tions, and for other purposes; considered and interoperable communications grant pro- jamin W. Jones—none; M. Hope W. Jones— passed. gram; to the Committee on Homeland Secu- none. By Mr. LAUTENBERG (for himself, rity and Governmental Affairs. 4. Parents: Dailey M. Jones (deceased); Mr. MARTINEZ, and Mr. LIEBERMAN): By Mr. AKAKA (for himself, Mr. REID, Sara N. Jones (deceased). S. 1635. A bill to establish ocean bottom and Mrs. MURRAY): 5. Grandparents: Mr. and Mrs. B.O. Jones trawl areas in which trawling is permitted, S. 1646. A bill to provide for the care of vet- (both deceased); Mr. and Mrs. J.A. Nall (both to protect deep sea corals and sponges, and erans affected by Hurricane Katrina; to the deceased). for other purposes; to the Committee on Committee on Veterans’ Affairs. 6. Sisters and Spouses: Dailey M. Jones II— Commerce, Science, and Transportation. By Mr. FEINGOLD (for himself, Ms. $100, August 2004 George W. Bush; (spouse) By Mr. DURBIN (for himself, Mr. TAL- LANDRIEU, Mr. LEAHY, Mr. DURBIN, Irene Jones—none; Joseph N. Jones—(de- ENT, Mr. OBAMA, and Mr. BOND): Mr. LIEBERMAN, Mr. BAYH, Mrs. CLIN- ceased). S. 1636. A bill to provide agricultural dis- TON, Ms. CANTWELL, Mr. AKAKA, Mr. OBAMA, Mr. KENNEDY, Mr. HARKIN, Francis Joseph Ricciardone, Jr., of New aster assistance to producers on a farm that Mrs. BOXER, Mr. SALAZAR, Mr. Hampshire, to be Ambassador to the Arab incurred qualifying crop or quality losses for CORZINE, and Mrs. FEINSTEIN): Republic of Egypt. the 2005 crop due to damaging weather or related condition, and for other purposes; to S. 1647. A bill to amend title 11, United Nominee: Francis Joseph Ricciardone, Jr. States Code, to provide relief to victims of Post: U.S. Embassy, Cairo. the Committee on Agriculture, Nutrition, Hurricane Katrina and other natural disas- The following is a list of all members of and Forestry. ters; to the Committee on the Judiciary. my immediate family and their spouses. I By Mr. REID (for himself, Ms. LAN- have asked each of these persons to inform DRIEU, Mr. OBAMA, Ms. MIKULSKI, Mr. me of the pertinent contributions made by KENNEDY, Mr. LIEBERMAN, Mr. ROCKE- f them. To the best of my knowledge, the in- FELLER, Ms. STABENOW, Mr. LAUTEN- BERG, Ms. CANTWELL, Mr. LEVIN, Mr. formation contained in this report is com- ADDITIONAL COSPONSORS plete and accurate. DURBIN, Mr. JOHNSON, Mr. REED, Mr. Contributions, amount, date, donee: CORZINE, Mr. BAUCUS, Mr. SALAZAR, S. 37 1. Self: 0. Mrs. FEINSTEIN, Mrs. BOXER, Mr. At the request of Mrs. FEINSTEIN, the 2. Spouse: 0. DORGAN, and Mr. BIDEN): name of the Senator from Wyoming 3. Children and Spouses: Marie Dunn S. 1637. A bill to provide emergency relief Ricciardone, Francesca Mara Ricciardone, to meet the immediate needs of survivors of (Mr. ENZI) was added as a cosponsor of Chiara Teresa Ricciardone—0. Hurricane Katrina for health care, housing, S. 37, a bill to extend the special post- 4. Parents: Francis J. Ricciardone (mother, education, and financial relief, and for other age stamp for breast cancer research deceased)—0. purposes; to the Committee on Finance. for 2 years.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9834 CONGRESSIONAL RECORD — SENATE September 8, 2005 S. 183 CRAPO) was added as a cosponsor of S. 1339, a bill to reauthorize the Junior At the request of Mr. GRASSLEY, the 911, a bill to amend title XVIII of the Duck Stamp Conservation and Design name of the Senator from North Caro- Social Security Act to provide for re- Program Act of 1994. lina (Mr. BURR) was added as a cospon- imbursement of certified midwife serv- S. 1367 sor of S. 183, a bill to amend title XIX ices and to provide for more equitable At the request of Mrs. CLINTON, the of the Social Security Act to provide reimbursement rates for certified name of the Senator from South Da- families of disabled children with the nurse-midwife services. kota (Mr. JOHNSON) was added as a co- opportunity to purchase coverage S. 927 sponsor of S. 1367, a bill to provide for under the medicaid program for such At the request of Mr. CORZINE, the recruiting, selecting, training, and sup- children, and for other purposes. name of the Senator from California porting a national teacher corps in un- S. 211 (Mrs. BOXER) was added as a cosponsor derserved communities. of S. 927, a bill to amend title XVIII of At the request of Mrs. CLINTON, the S. 1388 the Social Security Act to expand and name of the Senator from Colorado At the request of Ms. SNOWE, the (Mr. SALAZAR) was added as a cospon- improve coverage of mental health services under the medicare program. name of the Senator from Oklahoma sor of S. 211, a bill to facilitate nation- (Mr. COBURN) was added as a cosponsor S. 967 wide availability of 2-1-1 telephone of S. 1388, a bill to amend chapter 6 of service for information and referral on At the request of Mr. LAUTENBERG, the name of the Senator from New Jer- title 5, United States Code (commonly human services, volunteer services, and known as the Regulatory Flexibility sey (Mr. CORZINE) was added as a co- for other purposes. Act), to ensure complete analysis of po- S. 604 sponsor of S. 967, a bill to amend the Communications Act of 1934 to ensure tential impacts on small entities of At the request of Mr. CRAIG, the rules, and for other purposes. name of the Senator from Virginia (Mr. that prepackaged news stories contain S. 1440 WARNER) was added as a cosponsor of S. announcements that inform viewers At the request of Mr. CRAPO, the 604, a bill to amend title XVIII of the that the information within was pro- names of the Senator from North Da- Social Security Act to authorize ex- vided by the United States Govern- kota (Mr. DORGAN) and the Senator pansion of medicare coverage of med- ment, and for other purposes. from Minnesota (Mr. DAYTON) were ical nutrition therapy services. S. 1002 At the request of Mr. GRASSLEY, the added as cosponsors of S. 1440, a bill to S. 647 name of the Senator from Pennsyl- amend title XVIII of the Social Secu- At the request of Mrs. LINCOLN, the rity Act to provide coverage for cardiac name of the Senator from Washington vania (Mr. SANTORUM) was added as a cosponsor of S. 1002, a bill to amend rehabilitation and pulmonary rehabili- (Ms. CANTWELL) was added as a cospon- title XVIII of the Social Security Act tation services. sor of S. 647, a bill to amend title XVIII to make improvements in payments to S. 1488 of the Social Security Act to authorize hospitals under the medicare program, physical therapists to evaluate and At the request of Mr. VITTER, the and for other purposes. treat medicare beneficiaries without a name of the Senator from Georgia (Mr. requirement for a physician referral, S. 1014 CHAMBLISS) was added as a cosponsor of At the request of Mr. SANTORUM, his and for other purposes. S. 1488, a bill to withhold funding from name was added as a cosponsor of S. the United Nations if the United Na- S. 649 1014, a bill to provide additional relief tions abridges the rights provided by At the request of Mr. ALLARD, the for small business owners ordered to the Second Amendment to the Con- name of the Senator from Iowa (Mr. active duty as members of reserve com- stitution, and for other purposes. HARKIN) was added as a cosponsor of S. ponents of the Armed Forces, and for S. 1496 649, a bill to amend the Omnibus Crime other purposes. Control and Safe Streets Act of 1968 to At the request of Mr. CRAPO, the S. 1112 make volunteer members of the Civil names of the Senator from Alaska (Ms. At the request of Mr. GRASSLEY, the MURKOWSKI) and the Senator from Air Patrol eligible for Public Safety name of the Senator from Virginia (Mr. Officer death benefits. Rhode Island (Mr. CHAFEE) were added WARNER) was added as a cosponsor of S. as cosponsors of S. 1496, a bill to direct S. 769 1112, a bill to make permanent the en- At the request of Ms. SNOWE, the the Secretary of the Interior to con- hanced educational savings provisions duct a pilot program under which up to name of the Senator from Missouri for qualified tuition programs enacted (Mr. BOND) was added as a cosponsor of 15 States may issue electronic Federal as part of the Economic Growth and migratory bird hunting stamps. S. 769, a bill to enhance compliance as- Tax Relief Reconciliation Act of 2001. S. 1508 sistance for small businesses. S. 1120 At the request of Mr. FEINGOLD, the S. 842 At the request of Mr. DURBIN, the name of the Senator from Colorado At the request of Mr. KENNEDY, the names of the Senator from New York (Mr. ALLARD) was added as a cosponsor name of the Senator from Arkansas (Mrs. CLINTON) and the Senator from of S. 1508, a bill to require Senate can- (Mr. PRYOR) was added as a cosponsor Hawaii (Mr. AKAKA) were added as co- of S. 842, a bill to amend the National sponsors of S. 1120, a bill to reduce hun- didates to file designations, state- Labor Relations Act to establish an ef- ger in the United States by half by ments, and reports in electronic form. ficient system to enable employees to 2010, and for other purposes. S. 1523 form, join, or assist labor organiza- S. 1137 At the request of Ms. SNOWE, the tions, to provide for mandatory injunc- At the request of Mr. GRASSLEY, the name of the Senator from Maine (Ms. tions for unfair labor practices during name of the Senator from Illinois (Mr. COLLINS) was added as a cosponsor of S. organizing efforts, and for other pur- DURBIN) was added as a cosponsor of S. 1523, a bill to amend the Internal Rev- poses. 1137, a bill to include enue Code of 1986 to make permanent S. 863 dehydroepiandrosterone as an anabolic increased expensing for small busi- At the request of Mr. CONRAD, the steroid. nesses. name of the Senator from Wisconsin S. 1313 S. 1622 (Mr. KOHL) was added as a cosponsor of At the request of Mr. CORNYN, the At the request of Mrs. CLINTON, the S. 863, a bill to require the Secretary of name of the Senator from Virginia (Mr. names of the Senator from Michigan the Treasury to mint coins in com- WARNER) was added as a cosponsor of S. (Ms. STABENOW), the Senator from New memoration of the centenary of the be- 1313, a bill to protect homes, small Jersey (Mr. CORZINE) and the Senator stowal of the Nobel Peace Prize on businesses, and other private property from New York (Mr. SCHUMER) were President Theodore Roosevelt, and for rights, by limiting the power of emi- added as cosponsors of S. 1622, a bill to other purposes. nent domain. establish a congressional commission S. 911 S. 1339 to examine the Federal, State, and At the request of Mr. CONRAD, the At the request of Mr. MARTINEZ, his local response to the devastation name of the Senator from Idaho (Mr. name was added as a cosponsor of S. wrought by Hurricane Katrina in the

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9835 Gulf Region of the United States espe- shelf. Like shallow-water corals, deep ing bottom trawling but to limit the cially in the States of Louisiana, Mis- sea corals and sponges can form opening of new grounds to bottom sissippi, Alabama, and other areas im- deepreefs and gardens that are essen- trawling until after scientists discover pacted in the aftermath and make im- tial to numerous marine species. For the extent of deep sea corals and mediate corrective measures to im- example, more than 1,300 species live sponges. The intent is to preserve ac- prove such responses in the future. among the Lophelia coral reefs in the cess to all areas that do not contain S. 1628 northeastern Atlantic Ocean. These deep sea coral and sponge and that At the request of Mr. MARTINEZ, the animals rely on complex coral and have been part of the fishing commu- name of the Senator from North Caro- sponge habitats for spawning, food, and nity’s traditional grounds. These are lina (Mrs. DOLE) was added as a cospon- shelter from predation. not small areas. Traditional bottom sor of S. 1628, a bill to provide the Sec- Deep sea corals and sponges are also trawl grounds include a large propor- retary of Education with waiver au- important to humans. They provide tion of the U.S. Exclusive Economic thority for students who are eligible habitat that commercially and Zone: 10 percent according to National for Federal Pell Grants and are ad- recreationally important fish can use, Research Council data. In some re- versely affected by a natural disaster. and many are under study as sources of gions, 75 percent of the shelf within 50 new biomedical compounds to fight S. 1630 miles of shore in is trawled with bot- various diseases. At the request of Mr. OBAMA, the tom gear. Scientists around the world believe names of the Senator from New Jersey We must act quickly, and our legisla- that these newly discovered deep sea tion provides a balanced approach to (Mr. LAUTENBERG) and the Senator corals and sponges are as important as, protection of fishing and protection of from Indiana (Mr. BAYH) were added as if not more important than, their trop- cosponsors of S. 1630, a bill to direct the environment. I call on my col- ical cousins. The U.S. Commission on the Secretary of Homeland Security to leagues on the Commerce Committee, Ocean Policy suggested that the bio- establish the National Emergency and the Senate leadership to take up, diversity of deep sea coral commu- Family Locator System. consider, and pass this bill as soon as nities may rival that of shallow-water possible. S. RES. 184 coral reefs. The National Oceanic and I ask unanimous consent that the At the request of Mr. SANTORUM, the Atmospheric Administration stated in text of the bill be printed in the names of the Senator from Florida (Mr. 2002 that deep sea coral ecosystems are RECORD. NELSON), the Senator from Nebraska ‘‘much more extensive and of more There being no objection, the bill was (Mr. NELSON) and the Senator from widespread economic importance than ordered to be printed in the RECORD, as Florida (Mr. MARTINEZ) were added as tropical coral reefs.’’ follows: cosponsors of S. Res. 184, a resolution Unfortunately, some types of fishing S. 1635 expressing the sense of the Senate re- gear are detrimental to deep sea coral Be it enacted by the Senate and House of Rep- garding manifestations of anti-Semi- and sponge habitat. Today there is a resentatives of the United States of America in tism by United Nations member states serious risk that these precious deep Congress assembled, and urging action against anti-Semi- sea corals, sponges, and their complex SECTION 1. SHORT TITLE. tism by United Nations officials, habitats will be inadvertently de- This Act may be cited as the ‘‘Bottom United Nations member states, and the stroyed before they can be properly as- Trawl and Deep Sea Coral Habitat Act’’. Government of the United States, and sessed by the scientific community. A SEC. 2. FINDINGS. for other purposes. single pass with a bottom trawl can Congress makes the following findings: (1) Ocean resources are a vital component S. RES. 225 wipe out a swath of this habitat that, of the United States economy, as noted by At the request of Mr. SANTORUM, his because these species are extremely the United States Commission on Ocean Pol- name was added as a cosponsor of S. slow-growing, can remain bare for dec- icy. Res. 225, a resolution designating the ades if not centuries. The U.S. Commis- (2) A proper balance of use and protection month of November 2005 as the ‘‘Month sion on Ocean Policy’s 2004 report em- of ocean resources is necessary to ensure the of Global Health’’. phasizes that deep sea corals need ac- sustainability of such resources. (3) Deep ocean habitats provide fishery re- f tion for protection. Five of the eight Regional Fisheries Management Coun- sources and sites for deep sea corals and deep STATEMENTS ON INTRODUCED sea sponges. cils agree, and have recently set aside BILLS AND JOINT RESOLUTIONS (4) Many fishermen of the United States many of their coral habitat areas as derive their livelihoods from fishing in deep By Mr. LAUTENBERG (for him- no-bottom-trawling zones. ocean areas. self, Mr. MARTINEZ, and Mr. The Bottom Trawl and Deep Sea (5) It is important that fishermen continue LIEBERMAN): Coral Habitat Act builds on actions of to be permitted to use areas that have tradi- S. 1635. A bill to establish ocean bot- these Councils, providing protection tionally been fished, as long as conservation tom trawl areas in which trawling is for deep sea corals and sponges while considerations allow. permitted, to protect deep sea corals also preserving fishermen’s access to (6) According to the National Research and sponges, and for other purposes; to areas that have traditionally been Council, approximately 10 percent of the the Committee on Commerce, Science, United States Exclusive Economic Zone, an trawled. The bill establishes three area of a total of 3,400,000 square nautical and Transportation. types of zones. Areas that are known to miles, is used each year by fishermen who Mr. LAUTENBERG. President, I rise contain deep sea corals and sponges are employ bottom trawls and, in the area that today to introduce, with my colleague set aside as Coral Habitat Zones, grant- is 50 miles or less from shore, this percentage Senator MARTINEZ, a bill that will bal- ing these species immediate protec- is higher than 75 percent in some regions. ance the needs of fishermen with the tion. Areas that have been trawled at (7) Vessel monitoring systems are increas- needs of some of our most precious and any time in the past seven years are es- ingly used in the fishing industry. For exam- vulnerable ocean resources: deep sea tablished as Bottom Trawling Zones, ple, coverage of such systems for bottom corals and sponges. Fishing and fishing trawl vessels in the Pacific and North Pacific where bottom trawling is permitted. is 100 percent. communities are an important part of Areas that fit neither category are de- (8) Deep sea corals and deep sea sponges our culture, our history, and our econ- fined Undesignated Zones, available at host biological diversity that, according to omy. Deep sea corals and sponges are any time to be assigned as either Coral the United States Commission on Ocean Pol- an important suite of species with wide Habitat or Bottom Trawling Zones icy, ‘‘may rival that of coral communities in economic potential extreme valuable with results of research activities. warmer, shallower waters’’. For example, ecologically. It is imperative that we Fishermen play a large role, through more than 1,300 species live among Lophelia protect the needs of both. the Regional Councils, in defining how coral reefs in the northeastern Atlantic Deep sea corals are similar to trop- Ocean. large these zones will be, and other (9) Complex seafloor habitats created by ical shallow-water corals, but are found types of fishing that do not use bottom structure-forming organisms, such as deep in the deep cold waters near gear are not impacted. sea corals and deep sea sponges, provide seamounts, ridges, undersea canyons, The process of zone designation is de- spawning habitat, food, and shelter to nu- and the margins of the continental signed not to shrink the area of exist- merous fishes and other associated species,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9836 CONGRESSIONAL RECORD — SENATE September 8, 2005

including commercially and recreationally (2) BOTTOM TRAWL ZONE.—The term ‘‘Bot- (F) the correlation of deep sea corals and targeted species. tom Trawl Zone’’ means any area designated deep sea sponges with various types of geo- (10) Deep sea corals and deep sea sponges under section 7 or section 10 as a Bottom logic formations, physical features, and typically exhibit slow growth, extreme lon- Trawl Zone. other predictors of presence. gevity, and highly patchy distribution, pre- (3) CORAL HABITAT CONSERVATION ZONE.— (c) COOPERATIVE RESEARCH PROGRAM.—The dominately along continental margins, The term ‘‘Coral Habitat Conservation Secretary, in consultation with the Councils, seamounts, undersea canyons, and ridges. Zone’’ means any area designated under sec- shall develop a cooperative research program (11) Deep sea corals and deep sea sponges tion 8 or section 11 as a Coral Habitat Con- to identify— have not been fully studied for their benefit servation Zone. (1) the ideal areas for the use of bottom to society or for their ecological importance (4) COUNCIL.—The term ‘‘Council’’ means trawls; and to other associated species. any Regional Fishery Management Council (2) the locations of deep sea corals and deep (12) Deep sea corals, deep sea sponges, and established by section 302 of the Magnuson- sea sponges. their associated invertebrates are a potential Stevens Fishery Conservation and Manage- (d) THRESHOLDS OF DEEP SEA CORAL AND source of compounds with biomedical prop- ment Act (16 U.S.C. 1852). SPONGE PRESENCE.— erties, some of which are currently in clin- (5) DEEP SEA CORAL AND SPONGE ECO- (1) IN GENERAL.—The Secretary, in con- ical trials to study their anti-cancer, anti- SYSTEM.—The term ‘‘deep sea coral and sultation with the Councils and expert sci- tumor, and anti-inflammatory properties. sponge ecosystem’’ means an ecosystem that entists, shall determine the thresholds above (13) The United States Commission on meets the criteria established by the Sec- which the abundances of various deep sea Ocean Policy found that deep sea corals, retary pursuant to section 5(d) of this Act corals or deep sea sponges shall be consid- along with their shallow-water counterparts, composed of living deep sea corals or deep ered to constitute an ecosystem. In deter- are declining at a ‘‘disturbing pace,’’ and sea sponges, the benthic and demersal spe- mining such thresholds, the Secretary shall that certain types of fishing gear damage cies associated with them, and the biologi- consider the life histories and growth rates deep sea coral ecosystems. cal, physical, chemical, and geologic compo- of deep sea corals and deep sea sponges and (14) The National Research Council, in a nents that constitute habitat for corals or the criteria set out in paragraph (2). 2002 report to Congress on the effects of sponges. (2) CRITERIA.—In determining the thresh- trawling and dredging on seafloor habitats, (6) DEEP SEA CORALS.—The term ‘‘deep sea olds under paragraph (1), the Secretary shall found that deep sea corals warrant protec- corals’’ means the species that— consider the following criteria: tion, based on evidence of the destruction of (A) occur at a depth of greater than 50 me- (A) Bycatch per unit effort of deep sea cor- structured habitats caused by bottom trawls ters; als or deep sea sponges in fishery trawls. and dredges. (B) do not contain symbiotic algae; and (B) Presence of deep sea corals or deep sea (15) The President’s Ocean Action Plan of (C) are in the phylum Cnidaria, in the sponges in research surveys. 2004 ‘‘encourages all regional fishery man- order— (C) Predictions of the presence of deep sea agement councils to take action, where ap- (i) Antipatharia (black corals); corals or deep sea sponges based on correla- propriate, to protect deep-sea corals when (ii) Scleractinia (stony corals); tions with geologic or physical features. developing and implementing regional fish- (iii) Gorgonacea (horny corals); (D) Other methods indicating ecologically ery management plans’’ and includes provi- (iv) Alcyonacea (soft corals); meaningful presence of these species in an sions to ‘‘research, survey, and protect deep- (v) Pennatulacea (sea pens), in the class area. sea coral communities’’. Anthozoa; or SEC. 6. USE OF BEST AVAILABLE DATA. (16) In 2005, the North Pacific Fishery Man- (vi) Hydrocorallina (hydrocorals), in the (a) REQUIREMENT.—The Secretary shall use agement Council proposed measures that class Hydrozoa. the best available data to determine if an will be adopted pending approval by the Sec- (7) DEEP SEA SPONGES.—The term ‘‘deep sea area shall be designated as a Bottom Trawl retary of Commerce to confine use of bottom sponges’’ means species of the phylum Zone or as a Coral Habitat Conservation trawls in the Aleutian Islands exclusive eco- Porifera that occur at a depth of greater Zone. nomic zone to specified historically produc- than 50 meters. (b) CONSIDERATIONS.—In delineating the boundary and determining the size of an area tive fishing areas, to disallow use of bottom (8) EXCLUSIVE ECONOMIC ZONE.—The term trawls in historically unfished areas of Aleu- ‘‘exclusive economic zone’’ has the meaning to be designated as a Bottom Trawl Zone or tian Islands waters where deep sea corals given that term in section 3 of the Magnu- a Coral Habitat Conservation Zone, the rel- have been undisturbed, to designate as no- son-Stevens Fishery Conservation and Man- evant council and the Secretary shall con- trawling zones those areas where coral eco- agement Act (16 U.S.C. 1802). sider— (1) the precision and accuracy of the avail- systems are known to exist, and to develop a (9) SECRETARY.—The term ‘‘Secretary’’ comprehensive plan for research and moni- means the Secretary of Commerce or the able trawl location data considered in mak- toring. Secretary’s designee. ing such determination; (2) the precision and accuracy of deep sea (10) VESSEL MONITORING SYSTEM.—The term SEC. 3. PURPOSES. coral and deep sea sponge presence data con- (a) IN GENERAL.—The purposes of this Act ‘‘Vessel Monitoring System’’ means a type of mobile transceiver unit that— sidered in making such determination; are— (3) the economic cost of such designation (1) to permit fishermen to use bottom (A) is approved by the Office of Law En- forcement of the National Marine Fisheries to industry and the ecological costs and ben- trawls in areas that, traditionally, have been efits of such designation to deep sea corals fished using bottom trawls and that do not Service; and (B) automatically determines the vessel’s and deep sea sponges in the area; and contain deep sea coral and sponge eco- (4) the ease of enforcement of such designa- systems; position and transmits that information to a communications service provider that is ap- tion. (2) to provide long-term protection for deep (c) CORAL HABITAT CONSERVATION ZONES.— proved by such Office for transmission and sea coral and sponge ecosystems, particu- Notwithstanding the considerations in sub- relay to such Office. larly in areas that have not traditionally section (b), in delineating the boundary and been fished with bottom trawls; and SEC. 5. MAPPING AND RESEARCH. determining the size of an area to be des- (3) to identify, map, and assess deep sea (a) REQUIREMENT FOR MAPPING AND RE- ignated as a Coral Habitat Conservation coral and sponge ecosystems to create a bal- SEARCH.—The Secretary shall direct the Zone, the relevant Council and the Sec- anced policy for maintenance of fishing and Under Secretary for Oceans and Atmosphere retary— protection of deep sea ecosystems. to prepare and carry out a comprehensive (1) shall ensure that each area that is de- (b) PROCESS.—The Secretary shall use a program to explore, identify, research, and termined to contain a deep sea coral and process that achieves an outcome similar to map the locations of deep sea corals and deep sponge ecosystem is designated as a Coral the outcome achieved by the North Pacific sea sponges. Habitat Conservation Zone; and Regional Fishery Management Council— (b) DESCRIPTION OF MAPPING AND RE- (2) may include a buffer area around deep (1) to protect the habitat of deep sea corals SEARCH.—The program described in sub- sea corals or deep sea sponges present in or deep sea sponges to carry out the purposes section (a) shall include— such Zone to ensure the complete protection of this Act; and (1) creating maps of the locations of deep of potential deep sea corals or deep sea (2) to identify areas that are open to the sea coral and sponge ecosystems; and sponges in the area or to facilitate the en- use of bottom trawls and areas closed to (2) conducting research related to deep sea forcement of any appropriate prohibitions, such use where deep sea coral and sponge corals and deep sea sponges, including re- rules, or regulations within such Zone. ecosystems are present and protected. search related to— SEC. 7. INITIAL DESIGNATION OF BOTTOM SEC. 4. DEFINITIONS. (A) the natural history of such species; TRAWL ZONES. In this Act: (B) the taxonomic classification of such (a) RECOMMENDATION BY A COUNCIL.—Not (1) BOTTOM TRAWL.—The term ‘‘bottom species; later than 24 months after the date of enact- trawl’’ means any trawl or dredge fishing (C) the ecological roles of such species; ment of this Act, each Council, after notice gear that contacts the seafloor while in use, (D) the growth rates of such species; and an opportunity for public comment, including pelagic trawls that contact the (E) the anthropogenic, ecological, and shall submit to the Secretary and the Sec- seafloor while in use, otter trawls, and scal- other benefits of such species and the habi- retary shall publish in the Federal Reg- lop dredges. tats of such species; and ister—

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9837 (1) a list of all areas for which the Council each area that was considered for designa- rule to designate an area that is not a Bot- has responsibilities that were fished using tion as a Bottom Trawl Zone under section tom Trawl Zone or a Coral Habitat Conserva- bottom trawls during the 7-year period end- 7(a) if such area that was determined by the tion Zone and that meets the standards set ing on December 31, 2004; and Council or the Secretary to contain a deep out in paragraphs (1) and (2) of subsection (a) (2) recommendations on which portions of sea coral and sponge ecosystem. as a Bottom Trawl Zone whether identified the areas identified in paragraph (1) should (3) PUBLICATION.—The Secretary shall pub- by the Secretary or by a Council pursuant to be designated as Bottom Trawl Zones. lish in the Federal Register a list submitted subsection (b). (b) STANDARDS FOR INITIAL DESIGNATION.— by a Council under paragraph (1). (2) COMMENT PERIOD.—The Secretary shall An area may not be designated as a Bottom (c) DESIGNATION PROCESS.— accept comments on any proposed rule pub- Trawl Zone if there is evidence that a deep (1) PROPOSED RULE.—Not later than 9 lished under paragraph (1) for 60 days after sea coral and sponge ecosystem is present in months after the date of the publication of a the date of the publication of such proposed such area. Council’s recommendations pursuant to sub- rule. (c) DESIGNATION PROCESS.— section (b)(3), the Secretary shall publish in (3) FINAL DETERMINATION.— (1) PROPOSED RULE.—Not later than 9 the Federal Register a proposed rule to des- (A) IN GENERAL.—Not later than 30 days months after the date of the publication of a ignate each area identified in such publica- after the date of the end of the comment pe- Council’s recommendations in the Federal tion as a Coral Habitat Conservation Zone. riod described in paragraph (2), the Secretary Register pursuant to subsection (a)(2), the (2) FAILURE TO RECOMMEND.—If a Council shall designate as a Bottom Trawl Area each Secretary shall publish in the Federal Reg- fails to submit recommendations to the Sec- area, or part of such area, included in a pro- ister a proposed rule to designate each area retary under subsection (b)(1), not later than posed rule published under paragraph (1) if or the portion of such area that does not con- 33 months after the date of enactment of this the area meets the requirements of para- tain a deep sea coral and sponge ecosystem Act, the Secretary shall publish in the Fed- graphs (1) and (2) of subsection (a). as a Bottom Trawl Zone. eral Register a list of areas located in the (B) PUBLICATION.—The Secretary shall pub- (2) FAILURE TO RECOMMEND.—If a Council area for which such Council has responsi- lish in the Federal Register each designation fails to submit recommendations to the Sec- bility that the Secretary proposes to des- made under subparagraph (A). retary under subsection (a), not later than 33 ignate as Coral Habitat Conservation Zones. SEC. 11. SUBSEQUENT DESIGNATION OF CORAL months after the date of enactment of this (3) COMMENT PERIOD.—The Secretary shall HABITAT CONSERVATION ZONES. Act, the Secretary shall publish in the Fed- accept comments on any proposed rule pub- (a) STANDARDS FOR SUBSEQUENT DESIGNA- eral Register a list of areas located in the lished under paragraph (1) or (2) for 60 days TION.—The Secretary, in consultation with area for which such Council has responsi- after the date of such publication. the Councils, shall designate an area as a bility that the Secretary proposes to des- (4) FINAL DETERMINATION.— Coral Habitat Conservation Zone if the best ignate as Bottom Trawl Zones. (A) IN GENERAL.—Not later than 30 days available data indicate the presence of a (3) COMMENT PERIOD.—The Secretary shall after the date of the end of the comment pe- deep sea coral and sponge ecosystem in such accept comments on a proposal published riod described in paragraph (3), the Secretary area. under paragraph (1) or (2) for 60 days after shall— (b) SUBSEQUENT DESIGNATION THROUGH BY- the date of such publication. (i) designate each area, or portion of such CATCH RECORDS, RESEARCH, OR MAPPING.— (4) FINAL DETERMINATION.— area, included in a proposed rule published (1) REVIEW OF DATA.—The Secretary shall (A) IN GENERAL.—Not later than 30 days under paragraph (1) as a Coral Habitat Con- continually collect and review, for the pur- after the date of the end of the comment pe- servation Zone, if there is rational basis for pose of making a determination on the pres- riod described in paragraph (3), the Secretary such designation; or ence of deep sea coral and sponge ecosystems shall designate an area included in a pro- (ii) if the Secretary fails to make a des- in an area, the following data: posal published under paragraph (1) or (2) as ignation under clause (i) for an area, provide (A) Bycatch records. a Bottom Trawl Zone if such area meets the a justification for such failure. (B) Data and analysis that results from the standards for such designation set out in (B) PUBLICATION.—The Secretary shall pub- mapping and research conducted pursuant to subsection (b). lish in the Federal Register each designation section 5. (B) PUBLICATION.—The Secretary shall pub- made under subparagraph (A)(i) or justifica- (C) Any other research, mapping, or survey lish in the Federal Register each designation tion required under subparagraph (A)(ii). data that the Secretary determines is appro- made under subparagraph (A). (C) INACTION.—If the Secretary does not priate. (d) ACTIVITIES WITHIN BOTTOM TRAWL publish the designation of an area under sub- (2) DESIGNATIONS BASED ON THE REVIEW OF ZONES.—After the date that is 30 days after paragraph (A)(i) or the justification required DATA.—If the Secretary, in consultation with the date of the end of the comment period under paragraph (A)(ii) for such area within the relevant Council, determines that data described in subsection (c)(3), bottom trawls 30 days of the date of the end of the comment reviewed under paragraph (1) indicates the may not be used in an area that is not des- period described in paragraph (3), such area presence of a deep sea coral and sponge eco- ignated as a Bottom Trawl Zone. shall be deemed to be a Coral Habitat Con- system, the Secretary, in consultation with SEC. 8. INITIAL DESIGNATION OF CORAL HABI- servation Zone as if so designated by the the Council, shall designate the area as a TAT CONSERVATION ZONES. Secretary. Coral Habitat Conservation Zone and, if ap- (a) DESIGNATION BY THE SECRETARY.— propriate, terminate the designation of the SEC. 9. UNDESIGNATED AREAS. (1) IN GENERAL.—Not later than 60 days An area not initially designated as a Bot- area as a Bottom Trawl Zone. after the date of enactment of this Act, the (c) RECOMMENDATION BY A COUNCIL.—Upon tom Trawl Zone under section 7 or as a Coral Secretary shall designate as a Coral Habitat the recommendation of the appropriate Habitat Conservation Zone under section 8 Conservation Zone each area— Council, the Secretary may consider any shall be available for subsequent designation (A) that a Council, prior to the date of en- area for designation as a Coral Habitat Con- as a Bottom Trawl Zone under section 10 or actment of this Act, has designated as an servation Zone. as a Coral Habitat Conservation Zone under area in which the use of bottom trawls is (d) DESIGNATION PROCESS.— section 11. prohibited for the protection of seafloor (1) PROPOSED RULE.—The Secretary shall SEC. 10. SUBSEQUENT DESIGNATION OF BOTTOM publish in the Federal Register a proposed habitat; or TRAWL ZONES. (B) for which a map of the presence of deep rule to designate an area identified by the (a) STANDARDS FOR SUBSEQUENT DESIGNA- Secretary, in consultation with the appro- sea corals or deep sea sponges has been de- TION.—After the initial designations of Bot- veloped and for which the best available data tom Trawl Zones made under section 7, the priate Councils, under subsection (a) or (b) or confirm the presence of deep sea corals or Secretary, in consultation with the relevant by a Council under subsection (c) as a Coral deep sea sponges. Council, shall designate an area as a Bottom Habitat Conservation Zone if data indicate (2) PUBLICATION AND EFFECTIVE DATE.—Not Trawl Zone if— the presence of a deep sea coral and sponge later than 60 days after the date of enact- (1) the area has been surveyed for the pres- ecosystem in such area. ment of this Act, the Secretary shall publish ence of deep sea corals and deep sea sponges; (2) COMMENT PERIOD.—The Secretary shall in the Federal Register each area designated and accept comments on any proposed rule pub- as a Coral Habitat Conservation Zone under (2) there is no deep sea coral and sponge lished under paragraph (1) for 60 days after paragraph (1) and such designation shall be- ecosystem present in the area. the date of the publication of such proposed come effective on the date of such publica- (b) RECOMMENDATION BY A COUNCIL.—Upon rule. tion. the recommendation of the appropriate (3) FINAL DETERMINATION.— (b) RECOMMENDATION BY A COUNCIL.— Council, the Secretary may consider any pre- (A) IN GENERAL.—Not later than 30 days (1) SUBMISSION TO THE SECRETARY.—Not viously undesignated area for designation as after the date of the end of the comment pe- later than 24 months after the date of enact- a Bottom Trawl Zone. The Secretary may riod described in paragraph (2), the Secretary ment of this Act, each Council, after notice designate such area as a Bottom Trawl Zone shall— and an opportunity for public comment, under this section only if such area meets (i) designate as a Coral Habitat Conserva- shall submit to the Secretary a list of all the designation standards set out in para- tion Zone each area, or part of such area, in- areas known to contain deep sea corals or graphs (1) and (2) of subsection (a). cluded in a proposed rule published under deep sea sponges. (c) DESIGNATION PROCESS.— paragraph (1) if data indicate the presence of (2) INCLUDED AREAS.—A list submitted by a (1) PROPOSED RULE.—The Secretary shall a deep sea coral and sponge ecosystem in Council under paragraph (1) shall include publish in the Federal Register a proposed such area; or

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9838 CONGRESSIONAL RECORD — SENATE September 8, 2005

(ii) if the Secretary fails to make a des- (d) ENFORCEMENT.—The provisions of this SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ignation under clause (i) for an area, provide Act shall be enforced by the officers respon- (a) SHORT TITLE.—This Act may be cited as a justification that explains the reasons that sible for the enforcement of the Magnuson- the ‘‘Katrina Emergency Relief Act of 2005’’. the best available data do not indicate the Stevens Fishery Conservation and Manage- (b) TABLE OF CONTENTS.—The table of con- presence of a deep sea coral and sponge eco- ment Act as provided for in subsection (a) of tents of this Act is as follows: system in such area. section 311 of such Act (16 U.S.C. 1861). Such Sec. 1. Short title; table of contents. (B) PUBLICATION.—The Secretary shall pub- officers shall have the powers and authori- TITLE I—TEMPORARY MEDICAID lish in the Federal Register each designation ties to enforce this Act as are provided in DISASTER RELIEF made under subparagraph (A)(i) or justifica- such section. tion required under subparagraph (A)(ii). SEC. 15. INTERNATIONAL PROTECTIONS FOR Sec. 101. Short title; purpose. (C) INACTION.—If the Secretary does not DEEP SEA CORALS AND DEEP SEA Sec. 102. Disaster relief period. publish the designation of an area under sub- SPONGES. Sec. 103. Temporary Medicaid coverage for paragraph (A)(i) or the justification required The President is authorized to permit the Katrina Survivors. under subparagraph (A)(ii) for such area Secretary, in consultation with the Sec- Sec. 104. Temporary disaster relief for within 30 days of the date of the end of the retary of State, to work with appropriate States under Medicaid. comment period described in paragraph (2), international organizations and foreign na- Sec. 105. Accommodation of special needs of such area shall be deemed to be a Coral Habi- tions to develop the data necessary to iden- Katrina Survivors under Medi- tat Conservation Zone as if so designated by tify areas located in international waters care program. the Secretary. that contain deep sea corals or deep sea TITLE II—EDUCATION sponges and to protect such deep sea corals SEC. 12. STRICTER REGULATION PERMITTED Subtitle A—Support for Elementary and or deep sea sponges. AND SAVINGS CLAUSE. Secondary Schools SEC. 16. REPORTS TO CONGRESS. (a) IN GENERAL.—Nothing in this Act shall (a) IN GENERAL.—Not more than 3 years Sec. 201. Support for elementary and sec- restrict the authority provided to the Sec- ondary schools. retary by any other provision of law to pro- after the date of enactment of this Act, and mulgate, with or without the advice of the every 3 years thereafter, the Secretary shall Subtitle B—Fund for Early Childhood Care appropriate Council, fishery or habitat pro- publish and submit to Congress a report on and Education tection measures for any purpose that are the activities undertaken to carry out the Sec. 211. Fund for early childhood care and more restrictive than the measures set out provisions of this Act. education. (b) CONTENT.—Each report required by sub- in this Act. section (a) shall include— Subtitle C—Support for Students in Higher (b) SAVINGS CLAUSE.—All rules and regula- (1) a description of the activities carried Education tions issued by the Secretary under the Mag- out to protect and define areas in which the Sec. 221. Support for students in higher edu- nuson-Stevens Fishery Conservation and use of bottom trawls has traditionally been cation. Management Act (16 U.S.C. 1801 et seq.) per- permitted; taining to the conservation, management, or TITLE III—EMERGENCY HOUSING (2) a description of the activities carried protection of deep sea corals or deep sea ASSISTANCE out to protect and monitor deep sea corals or sponges shall continue in full force and ef- Sec. 301. Short title. deep sea sponges; fect after the date of enactment of this Act Sec. 302. Hurricane Katrina Emergency As- (3) a description of any area designated ei- until modified or rescinded by the Secretary, sistance Vouchers. ther as a Bottom Trawl Zone or a Coral in exercise of the authority provided to the Sec. 303. Report on inventory of availability Habitat Conservation Zone; Secretary under any provision of law. of temporary housing. (4) a summary of the research strategy cre- Sec. 304. Appropriation of funding. SEC. 13. USE OF VESSEL MONITORING SYSTEMS. ated pursuant to section 5; Not later than 24 months after the date of (5) a summary of any bycatch or other data TITLE IV—FINANCIAL RELIEF enactment of this Act, a vessel that uses a that indicates the presence of a deep sea Subtitle A—Limitation on Payments bottom trawl in waters deeper than 50 me- coral and sponge ecosystem in an area; and Sec. 401. Short title. ters shall use a Vessel Monitoring System (6) a summary of geologic structures that Sec. 402. Definitions. capable of accurately detecting and report- indicate the presence of deep sea coral and Sec. 403. Moratorium on payments. ing the position of the vessel whenever the sponge ecosystems in an area, as determined vessel leaves port with a bottom trawl on Subtitle B—Individual and Household by research activities described in section 5. Assistance board. (c) PUBLICATION.—Notice of the avail- SEC. 14. PENALTIES AND ENFORCEMENT. ability of each report required by this sec- Sec. 411. Individual and household assist- (a) CIVIL PENALTIES.—Any person who is tion shall be published in the Federal Reg- ance. found by the Secretary, after notice and an ister. Subtitle C—Unemployment Assistance opportunity for a hearing in accordance with SEC. 17. AUTHORIZATION OF APPROPRIATIONS. Sec. 421. Unemployment assistance. section 554 of title 5, United States Code, to There is authorized to be appropriated Subtitle D—Tax Relief have violated the prohibition set out in sec- $15,000,000 to carry out this Act. tion 7(d) is liable to the United States for a Sec. 431. Required exercise of authority civil penalty under section 308 of the Magnu- By Mr. REID (for himself, Ms. under section 7508A for tax re- son-Stevens Fishery Conservation and Man- LANDRIEU, Mr. OBAMA, Ms. MI- lief for victims of Hurricane Katrina. agement Act (16 U.S.C. 1858) as if such person KULSKI, Mr. KENNEDY, Mr. LIE- had committed an act prohibited by section Sec. 432. Penalty free withdrawals from re- BERMAN, Mr. ROCKEFELLER, Ms. 307 of such Act (16 U.S.C. 1857). tirement plans for victims of STABENOW, Mr. LAUTENBERG, (b) CRIMINAL OFFENSES.— Hurricane Katrina. (1) OFFENSES.—A person is guilty of an of- Ms. CANTWELL, Mr. LEVIN, Mr. Subtitle E—Hurricane Katrina Food fense if the person commits an act prohibited DURBIN, Mr. JOHNSON, Mr. Assistance Relief by subparagraph (D), (E), (F), (H), (I), or (L) REED, Mr. CORZINE, Mr. BAUCUS, Sec. 441. Short title. of section 307(1) of the Magnuson-Stevens Mr. SALAZAR, Mrs. FEINSTEIN, Sec. 442. Definition of Secretary. Fishery Conservation and Management Act Mrs. BOXER, Mr. DORGAN, and Sec. 443. Food Stamp Program disaster au- (16 U.S.C. 1857(1)) in an area designated as a Mr. BIDEN): thority. Coral Habitat Conservation Zone. S. 1637. A bill to provide emergency Sec. 444. Emergency Food Assistance Pro- (2) PUNISHMENT.—An offense referred to in relief to meet the immediate needs of gram and Section 32 Assistance. paragraph (1) is punishable by the punish- Sec. 445. WIC Funding. ments set out in section 309(b) of the Magnu- survivors of Hurricane Katrina for health care, housing, education, and fi- Sec. 446. Report. son-Stevens Fishery Conservation and Man- Sec. 447. Regulations. agement Act (16 U.S.C. 1859(b)). nancial relief, and for other purposes; Subtitle F—Bankruptcy Relief (c) CIVIL FORFEITURES.—Any fishing vessel to the Committee on Finance. (including its fishing gear, furniture, appur- Mr. REID. Mr. President, I ask unan- Sec. 451. Bankruptcy Relief for Victims of tenances, stores, and cargo) used, and fish imous consent that the text of S. 1637, Hurricane Katrina. (or the fair market value thereof) taken or the Katrina Emergency Relief Act of TITLE V—ADMINISTRATIVE MATTERS retained, in any manner, in connection with 2005, be printed in the RECORD. Sec. 501. Period of availability of benefits. or as a result of the commission of a viola- There being no objection, the bill was Sec. 502. Nondiscrimination. tion of the prohibition set out in section 7(d) (other than such a violation for which the ordered to be printed in the RECORD, as TITLE I—TEMPORARY MEDICAID issuance of a citation is sufficient sanction) follows: DISASTER RELIEF shall be subject to the civil forfeiture provi- S. 1637 SEC. 101. SHORT TITLE; PURPOSE. sions set out in section 310 of the Magnuson- Be it enacted by the Senate and House of Rep- (a) SHORT TITLE.—This title may be cited Stevens Fishery Conservation and Manage- resentatives of the United States of America in as the ‘‘Temporary Medicaid Disaster Relief ment Act (16 U.S.C. 1860). Congress assembled, Act of 2005’’.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9839

(b) PURPOSE.—The purpose of this title is strued as preventing an individual who is the State shall provide the individual with to ensure all those affected by Hurricane otherwise entitled to medical assistance written notice of the determination and pro- Katrina have access to health coverage and under title XIX of the Social Security Act vide the individual with continued coverage medical care through the medicaid program from being treated as a Katrina Survivor for such medical assistance for so long as the and to authorize temporary changes in such under this title. individual remains eligible under such other- program to guarantee and expedite that cov- (F) TREATMENT OF HOMELESS PERSONS.—For wise applicable eligibility rules. If a State erage and access to care. purposes of this title, in the case of an indi- determines that the individual is not so eli- SEC. 102. DISASTER RELIEF PERIOD. vidual who was homeless on any day during gible, the State shall provide the individual (a) IN GENERAL.—For purposes of this title, the week described in subparagraph (B)(i), with written notice of the determination, in- the term ‘‘disaster relief period’’ means the the individual’s ‘‘residence’’ shall be deemed cluding the reasons for such determination. period beginning on August 29, 2005, and, sub- to be the place of residence as otherwise de- (2) SCOPE OF COVERAGE SAME AS CATEGORI- ject to subsection (b), ending on February 28, termined for such an individual under title CALLY NEEDY.—The State shall treat Katrina 2006. XIX of the Social Security Act. Survivors as individuals eligible for medical (b) PRESIDENTIAL AUTHORITY TO EXTEND (2) DIRECT IMPACT STATE.—The term ‘‘di- assistance under the State plan under title DISASTER RELIEF PERIOD.— rect impact State’’ means the State of Lou- XIX of the Social Security Act on the basis (1) IN GENERAL.—The President shall ex- isiana, Alabama, and Mississippi. of section 1902(a)(10)(A)(i) of the Social Secu- (b) RULES FOR PROVIDING TEMPORARY MED- tend the application of section 103 and para- rity Act (42 U.S.C. 1396a(a)(10)(A)(i)), with ICAL ASSISTANCE TO KATRINA SURVIVORS.— graphs (1) and (2) of section 104(a) until Sep- coverage for such assistance retroactive to During the disaster relief period, any State tember 30, 2006, unless the President deter- August 29, 2005. may provide medical assistance to Katrina (3) VERIFICATION OF STATUS AS A KATRINA mines that all Katrina Survivors would have Survivors under a State medicaid plan estab- sufficient access to health care without such SURVIVOR.— lished under title XIX of the Social Security (A) IN GENERAL.—The State shall make a an extension. In the case of such an exten- Act in accordance with the following: good faith effort to verify the status of a sion, the reference to ‘‘February 28, 2006’’ in (1) UNIFORM ELIGIBILITY RULES.— Katrina Survivor enrolled in the State Med- subsection (a) shall be considered to be a ref- (A) NO INCOME, RESOURCES, RESIDENCY, OR icaid plan under the provisions of this sec- erence to ‘‘September 30, 2006’’. CATEGORICAL ELIGIBILITY REQUIREMENTS.— tion after the determination of the eligi- (2) NOTICE TO CONGRESS.—The President Such assistance shall be provided without bility of the Survivor for medical assistance shall notify the Majority and Minority Lead- application of any income or resources test, under such plan. ers of the Senate, the Speaker of the House State residency, or categorical eligibility re- (B) EVIDENCE OF VERIFICATION.—A State of Representatives, the Minority Leader of quirements. may satisfy the verification requirement the House of Representatives, and the Chairs (B) STREAMLINED ELIGIBILITY PROCE- under subparagraph (A) with respect to a and Ranking Members of the Committee on DURES.—The State shall use the following Katrina Survivor by showing that the State Finance of the Senate and the Committees streamlined procedures in processing appli- providing medical assistance obtained infor- on Energy and Commerce and Ways and cations and determining eligibility for med- mation from the Social Security Adminis- Means of the House of Representatives at ical assistance for Katrina Survivors: tration, the Internal Revenue Service, or the least 30 days prior to— (i) A common 1-page application form de- State Medicaid Agency for the direct impact (A) extending the application of such sec- veloped by the Secretary of Health and State. tions; or Human Services in consultation with the Na- (C) DISALLOWANCE OF PAYMENTS FOR FAIL- (B) if the President determines not to ex- tional Association of State Medicaid Direc- URE TO MAKE GOOD FAITH EFFORT.—If, with re- tend the application of such sections, Feb- tors. Such form shall include notice regard- spect to the status of a Katrina Survivor en- ruary 28, 2006. ing the penalties for making a fraudulent ap- rolled in a State Medicaid plan, the State SEC. 103. TEMPORARY MEDICAID COVERAGE FOR plication under paragraph (4) and shall re- fails to make the good faith effort required KATRINA SURVIVORS. quire the applicant to assign to the State under subparagraph (A), and the Secretary (a) DEFINITIONS.—In this title: any rights of the applicant (or any other per- determines that the individual so enrolled is (1) KATRINA SURVIVOR.— son who is a Katrina Survivor and on whose not a Katrina Survivor, the Secretary shall (A) IN GENERAL.—The term ‘‘Katrina Sur- behalf the applicant has the legal authority disallow all Federal payments made to the vivor’’ means an individual who is described to execute an assignment of such rights) State that are directly attributable to med- in subparagraph (B) or (C). under any group health plan or other third- ical assistance provided or administrative (B) RESIDENTS OF DISASTER LOCALITIES.— party coverage for health care. costs incurred with respect to the individual (i) IN GENERAL.—An individual who, on any (ii) Self-attestation by the applicant that during the disaster relief period. day during the week preceding the declara- the applicant is a Katrina Survivor. (4) PENALTY FOR FRAUDULENT APPLICA- tion of a public health emergency on August (iii) No requirement for documentation ev- TIONS.— 29, 2005, had a residence in— idencing the basis on which the applicant (A) INDIVIDUAL LIABLE FOR COSTS.—If a (I) a parish in the State of Louisiana that qualifies to be a Katrina Survivor. State, as the result of verification activities is among the parishes that the Federal (iv) Issuance of a Medicaid eligibility card conducted under paragraph (3), determines Emergency Management Agency of the to an applicant who completes such applica- after a fair hearing that an individual has Emergency Preparedness and Response Di- tion, including the self-attestation required knowingly made a false self-attestation de- rectorate of the Department of Homeland Se- under clause (ii). Such card shall be valid scribed in paragraph (1)(B)(ii), the State curity declared on September 4, 2005, to be during the disaster relief period. may, subject to subparagraph (B), seek re- Federal Disaster Parishes; or (v) If an applicant completes the applica- covery from the individual for the full (II) a county in the State of Alabama or tion and presents it to a provider or facility amount of the cost of medical assistance pro- Mississippi that is among the counties such participating in the State medicaid plan vided to the individual under this section. Agency declared Federal Disaster Counties that is qualified to make presumptive eligi- (B) EXCEPTION.—The Secretary shall ex- on September 4, 2005. bility determinations under such plan (which empt a State from seeking recovery under (ii) AUTHORITY TO RELY ON WEBSITE POSTED at a minimum shall consist of facilities iden- subparagraph (A) if the Secretary determines DESIGNATIONS.—The Secretary of Health and tified in section 1902(a)(55) of the Social Se- that it would not be cost-effective for the Human Services shall post on the Internet curity Act (42 U.S.C. 1396a(a)(55)) and it ap- State to do so. website for the Centers for Medicare & Med- pears to the provider that the applicant is a (C) REIMBURSEMENT TO THE FEDERAL GOV- icaid Services a list of parishes and counties Katrina Survivor based on the information ERNMENT.—Any amounts recovered by a identified as Federal Disaster Parishes or in the application, the applicant will be State in accordance with this paragraph Counties. Any State which provides medical deemed to be a Katrina Survivor eligible for shall be returned to the Federal government, assistance to Katrina Survivors on the basis medical assistance in accordance with this except that a State’s administrative costs of such posting and in accordance with this section, subject to paragraph (3). attributable to obtaining such recovery shall title shall be held harmless if it is subse- (vi) Continuous eligibility, without the be reimbursed by the Federal government in quently determined that the provision of need for any redetermination of eligibility, accordance with section 104(a)(2). such assistance was in error. for the duration of the disaster relief period. (5) EXEMPTION FROM ERROR RATE PEN- (C) INDIVIDUALS WHO LOST EMPLOYMENT.— (C) DETERMINATION OF ELIGIBILITY FOR COV- ALTIES.—All payments attributable to pro- An individual who, on any day during the ERAGE AFTER THE TERMINATION OF THE DIS- viding medical assistance to Katrina Sur- week preceding the declaration of a public ASTER RELIEF PERIOD.—In the case of a vivors in accordance with this section shall health emergency on August 29, 2005, had a Katrina Survivor who is receiving medical be disregarded for purposes of section 1903(u) residence in a direct impact State and lost assistance from a State, prior to the termi- of the Social Security Act. their employment since Hurricane Katrina. nation of the disaster relief period, the State SEC. 104. TEMPORARY DISASTER RELIEF FOR (D) CONSTRUCTION.—A Katrina Survivor providing such assistance shall determine STATES UNDER MEDICAID. shall be treated as being ‘‘from’’ the State of whether the Katrina Survivor is eligible for (a) INCREASE IN FEDERAL MATCHING RATE.— residence described in subparagraph (B)(i) or continued medical assistance under the (1) 100 PERCENT FMAP FOR MEDICAL ASSIST- (C), as the case may be. State’s eligibility rules otherwise applicable ANCE.—Notwithstanding section 1905(b) of (E) TREATMENT OF CURRENT MEDICAID BENE- under the State medicaid plan. If a State de- the Social Security Act (42 U.S.C. 1396d(b)), FICIARIES.—Nothing in this title shall be con- termines that the individual is so eligible, the Federal medical assistance percentage

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9840 CONGRESSIONAL RECORD — SENATE September 8, 2005 for providing medical assistance under a initial enrollment period under section (B) to facilitate such students’ transition State medicaid plan under title XIX of such 1860D–1(b)(2) of the Social Security Act (42 into schools served by the agency; and Act to Katrina Survivors or, in the case of a U.S.C. 1395w–101(b)(2)) shall in no case end (4) such other information and assurances direct impact State, to any individual who is before May 15, 2007. as the Secretary may reasonably require. provided medical assistance under the State (2) FLEXIBILITY IN DOCUMENTATION FOR LOW- (d) USE OF FUNDS.—Each eligible local edu- medicaid plan during the disaster relief pe- INCOME SUBSIDIES.—For purposes of carrying cational agency that receives a grant under riod, shall be 100 percent. out section 1860D–14 of the Social Security this section shall use the grant funds to en- (2) 100 PERCENT FEDERAL MATCH FOR CER- Act (42 U.S.C. 1395w–114), with respect to hance instructional opportunities for stu- TAIN ADMINISTRATIVE COSTS.—Notwith- Katrina Survivors, the Secretary of Health dents who enroll in elementary schools and standing paragraph (7) of section 1903(a) of and Human Services shall establish docu- secondary schools served by such agency be- such Act (42 U.S.C. 1396b(a)), or any other mentation rules for Katrina Survivors which cause the students are displaced due to Hur- paragraph of such section, the Federal take into account the loss and unavailability ricane Katrina, which may include— matching rate for costs directly attributable of documents due to Hurricane Katrina. (1) basic instructional services for such to all administrative activities that relate to TITLE II—EDUCATION students, including tutoring, mentoring, or academic counseling; the enrollment of Katrina Survivors under Subtitle A—Support for Elementary and (2) salaries of personnel, including teacher section 103 in a State medicaid plan, Secondary Schools verification of the status of such Survivors, aides, to provide instructional services to processing of claims for payment for medical SEC. 201. SUPPORT FOR ELEMENTARY AND SEC- such students; ONDARY SCHOOLS. assistance provided to such Survivors under (3) identification and acquisition of cur- (a) PURPOSE.—It is the purpose of this sec- ricular material, including the costs of pro- such section, and recovery costs under section— viding additional classroom supplies, over- tion 103(b)(4)(C), shall be 100 percent. The (1) to provide assistance to eligible local head costs, costs of construction, acquisition Secretary shall issue guidance not later 30 educational agencies experiencing large in- days after the date of enactment of this Act creases in student enrollment due to Hurri- or rental of space, costs of transportation, or on the implementation of this paragraph. cane Katrina; such other costs as are directly attributable (b) LIMITATION ON REDUCTION OF FMAP FOR (2) to facilitate the enrollment of students to such instructional services for such stu- FISCAL YEAR 2006 FOR ANY STATE.—If the impacted by Hurricane Katrina into elemen- dents; Federal medical assistance percentage (as tary schools and secondary schools served by (4) health services (including mental defined in section 1905(b) of the Social Secu- such agencies; and health services), meals, and clothing; and rity Act) determined for a State for fiscal (3) to provide high quality instruction to (5) such other activities, related to the pur- year 2006 is less than the Federal medical as- pose of this section, as the Secretary of Edu- sistance percentage determined for the State such students. (b) GRANTS AUTHORIZED.— cation may authorize. for fiscal year 2005, the Federal medical as- (1) IN GENERAL.—The Secretary of Edu- Subtitle B—Fund for Early Childhood Care sistance percentage for the State for fiscal cation shall award grants to eligible local and Education year 2005 shall apply to the State for fiscal educational agencies. year 2006 only for purposes of title XIX of the SEC. 211. FUND FOR EARLY CHILDHOOD CARE (2) ELIGIBLE LOCAL EDUCATIONAL AGEN- AND EDUCATION. Social Security Act. CIES.— URPOSE (c) TEMPORARY SUSPENSION OF MEDICARE (a) P .—It is the purpose of this sec- HILD COUNT ‘‘CLAWBACK’’ AND POSTPONEMENT OF CUT-OFF (A) C .—Each State that has a tion— OF MEDICAID PRESCRIPTION DRUG FUNDING IN large influx of displaced students due to Hur- (1) to provide assistance to local commu- AFFECTED STATES.— ricane Katrina, as determined by the Sec- nities experiencing large influxes of pre- (1) SUSPENSION IN APPLICATION OF retary of Education, shall set a child count school-aged children displaced by Hurricane ‘‘CLAWBACK’’.—Section 1935(c) of the Social date for local educational agencies in the Katrina; and Security Act (42 U.S.C. 1396u–5(c)) shall not State that have a large influx of such stu- (2) to facilitate placement of such children apply, subject to paragraph (3), before Janu- dents, as determined by the State, for the in early childhood education programs. ary 2007 to a direct impact State or to a purpose of determining the total number of (b) EARLY CHILDHOOD EDUCATION PRO- State that experiences a significant influx of such students in each such agency. GRAMS.—In this section, the term ‘‘early Katrina Survivors. (B) DEFINITION.—In this section, the term childhood education program’’ means a Head Start program or an Early Head Start pro- (2) CONTINUATION OF MEDICAID DRUG COV- ‘‘eligible local educational agency’’ means a gram carried out under the Head Start Act ERAGE FOR DUAL ELIGIBLES.—Section local educational agency— 1935(d)(1) of such Act shall also not apply, (i) that serves, as determined in accord- (42 U.S.C. 9831 et seq.), a State licensed or subject to paragraph (3), before January 2007 ance with the child count described in sub- regulated child care program or school, or a to a part D eligible individual who is a paragraph (A), not less than 50 displaced stu- State prekindergarten program that serves children from birth through kindergarten. Katrina Survivor. dents due to Hurricane Katrina; or (c) GRANTS AND SUBGRANTS AUTHORIZED.— (3) TERMINATION OF APPLICATION OF SUB- (ii) that serves an elementary school or (1) GRANTS.—The Secretary of Health and SECTION.—Paragraphs (1) and (2) shall no secondary school in which not less than 3 Human Services shall award grants to States longer apply to a State or a Katrina Sur- percent of the students enrolled at the demonstrating large influxes of children and vivor, respectively, if the Secretary deter- school are displaced students due to Hurri- families displaced due to Hurricane Katrina. mines, after consultation with the State, cane Katrina, as determined in accordance (2) SUBGRANTS.— that enrollment of all part D eligible individ- with the child count described in subpara- (A) IN GENERAL.—A State receiving a grant uals in the State under part D of title XVIII graph (A). under paragraph (1) shall award subgrants to of the Social Security Act who are described (3) GRANT AMOUNT.—An eligible local edu- affected local communities in the State to in section 1935(c)(6)(A)(ii) of such Act can be cational agency that receives a grant under achieved without a discontinuation in pre- this section shall receive a grant amount facilitate placement of displaced children in scription drug coverage for any such indi- that is equal to $2,500 multiplied by the num- existing early childhood education programs. vidual. ber of students who enroll in elementary (B) AFFECTED LOCAL COMMUNITIES.—In this paragraph, the term ‘‘affected local commu- (4) DEFINITION.—For purposes of this sub- schools and secondary schools served by such section, the term ‘‘State that experiences a agency because the students are displaced nity’’ means a local community in a State significant influx of Katrina Survivors’’ due to Hurricane Katrina. described in subparagraph (A) in which— means those States, including Arkansas, (c) APPLICATION.—Each eligible local edu- (i) there are not less than 200 pre-school cational agency desiring a grant under this Florida, Oklahoma, and Texas, that the Sec- aged children who are displaced due to Hurri- section shall prepare and submit an applica- retary of Health and Human Services identi- cane Katrina; or tion to the Secretary of Education that con- fies as having a significant in-migration of (ii) there is a significant percentage of the tains— Katrina Survivors. total number of children participating in (1) an assurance that the educational pro- early childhood education programs in the SEC. 105. ACCOMMODATION OF SPECIAL NEEDS grams, services, and activities proposed OF KATRINA SURVIVORS UNDER community who are children who are in the MEDICARE PROGRAM. under this section will be administered by or community because the children are dis- (a) EXCLUSION OF DISASTER RELIEF PERIOD under the supervision of the agency; placed due to Hurricane Katrina, as deter- IN COMPUTING PART B LATE ENROLLMENT (2) an assurance that the agency will co- mined by the Secretary of Health and PENALTY.—In applying the first sentence of ordinate the use of funds received under this Human Services. section 1839(b) of the Social Security Act (42 section with other funds received by the (d) APPLICATIONS.—Each State that desires U.S.C. 1395r(b)) in the case of a Katrina Sur- agency under the Elementary and Secondary to receive a grant under this section shall vivor, there shall not be taken into account Education Act of 1965 (20 U.S.C. 6301 et seq.) prepare and submit an application to the any month any part of which is within the and with programs described under such Act; Secretary of Health and Human Services disaster relief period or within the 2-month (3) an assurance that funds will be used— that contains— period following the end of such disaster re- (A) to improve instruction to students who (1) a description of the collaborative plan- lief period. enroll in elementary schools and secondary ning process between the State agency re- (b) PART D.— schools served by such agency because the sponsible for pre-kindergarten, State child (1) EXTENSION OF INITIAL ENROLLMENT PE- students are displaced due to Hurricane care administrator, and Head Start Collabo- RIOD.—In the case of a Katrina Survivor, the Katrina; and ration Director to facilitate the placement

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9841 of children who are displaced due to Hurri- such part and who enrolled at such institu- agencies as the Secretary determines appro- cane Katrina in early childhood education tions because the students are displaced due priate, shall establish procedures for pro- programs; to Hurricane Katrina, as determined by the viding notice of the availability of assistance (2) assurances that funds received under Secretary. under this paragraph to individuals or fami- this section will be used for the purpose de- (II) AUTHORIZATION OF APPROPRIATIONS.— lies that may be eligible for such assistance. scribed in subsection (a); There are authorized to be appropriated to ‘‘(D) AUTHORITY TO CONTRACT WITH PHA’S (3) a plan to coordinate funds received carry out subclause (I) such sums as may be AND OTHERS.—The Secretary may contract under this section with existing resources necessary. with any State or local government agency available to the early childhood education (ii) WAIVER OF NONFEDERAL SHARE.—Not- or public housing agency, or in consultation programs for similar purposes; and withstanding part C of title IV of the Higher with any State or local government agency, (4) such other information and assurances Education Act of 1965 (20 U.S.C. 2751 et seq.), with any other entity, to ensure that assist- as the Secretary of Health and Human Serv- the Federal share of the compensation of ance payments under this paragraph are pro- ices may reasonably require. students made pursuant to this subparagraph vided in an efficient and expeditious manner. (e) USE OF SUBGRANT FUNDS.— shall be equal to 100 percent. ‘‘(E) WAIVER OF ELIGIBILITY REQUIRE- (1) IN GENERAL.—Each affected local com- (b) HELP FOR INDIVIDUALS WITH STUDENT MENTS.—In providing assistance under this munity receiving a subgrant under this sec- LOANS.— paragraph, the Secretary shall waive the re- tion shall use the subgrant funds only for— (1) DEFINITIONS.—In this subsection: quirements under— (A) costs associated with accommodating (A) ELIGIBLE BORROWER.—The term ‘‘eligi- ‘‘(i) paragraph (2), relating to tenant con- the influx of displaced children, including ac- ble borrower’’ means an individual who has tributions towards rent, except that any quisition or rental of space; lost the individual’s job due to the impact of such waiver shall expire on an individual’s (B) costs associated with providing services Hurricane Katrina, as determined by the return to work; to displaced children, including related serv- Secretary of Education. ‘‘(ii) paragraph (4), relating to the eligi- ices such as nutrition and acquisition of re- (B) ELIGIBLE LOAN.—In this subsection, the bility of individuals to receive assistance; lated materials; and term ‘‘eligible loan’’ means a student loan of ‘‘(iii) subsection (k) and paragraph (5) of (C) costs associated with hiring additional an eligible borrower made, insured, or guar- this subsection, relating to verification of personnel, including teacher aides or per- anteed under title IV of the Higher Edu- income; sonnel working with families of children. cation Act of 1965 (20 U.S.C. 1070 et seq.). ‘‘(iv) paragraph (7)(A), relating to the re- (2) INCOME AND DOCUMENTATION WAIVER.— (2) GRACE PERIOD.—The Secretary of Edu- quirement that leases shall be for a term of The Secretary of Health and Human Services cation shall carry out a program in which 1 year; shall waive requirements of income eligi- the Secretary enters into an agreement with ‘‘(v) paragraph (8), relating to initial in- bility and documentation for children dis- the holder of an eligible loan in which, for a spection of housing units by a public housing placed by Hurricane Katrina who participate 6 month period, periodic installments of agency; and in Head Start programs and Early Head principal are not paid but interest shall ac- ‘‘(vi) subsection (r)(1)(B), relating to re- Start programs funded by subgrants awarded crue and be paid by the Secretary on such strictions on portability. pursuant to this section. loan. ‘‘(F) USE OF FUNDS.—Notwithstanding any other provision of law, funds available for as- Subtitle C—Support for Students in Higher (3) PERIOD NOT TO COUNT AGAINST ECONOMIC HARDSHIP PERIODS PROVIDED IN HIGHER EDU- sistance under this paragraph— Education ‘‘(i) shall be made available by the Sec- CATION ACT OF 1965.—Notwithstanding any SEC. 221. SUPPORT FOR STUDENTS IN HIGHER provision of the Higher Education Act of 1965 retary to individuals to cover the cost of — EDUCATION. ‘‘(I) rent; (a) STUDENTS IN SCHOOL.— (20 U.S.C. 1001 et seq.), the 6-month grace period provided in paragraph (2) for an eligible ‘‘(II) security and utility deposits; (1) NO QUESTIONS ASKED POLICY.—The Sec- ‘‘(III) relocation expenses, including ex- retary of Education shall authorize an insti- borrower shall not count as part of the 3- year economic hardship periods provided in penses incurred in relocating back to the tution of higher education to waive Federal major disaster area when such relocation is sections 427(a)(2)(C)(iii), 428(b)(1)(M)(iii), financial aid requirements, as determined permitted; and 455(f)(2)(C), and 464(c)(2)(A)(iii) of the Higher appropriate by the Secretary of Education, ‘‘(IV) such additional expenses as the Sec- Education Act of 1965 (20 U.S.C. with respect to a student at such institution retary determines necessary; and 1077(a)(2)(C)(iii), 1078(b)(1)(M)(iii), who enrolls in such institution because such ‘‘(ii) shall be used by the Secretary— 1087e(f)(2)(C), and 1087dd(c)(2)(A)(iii)). student was impacted by Hurricane Katrina. ‘‘(I) for payments to public housing agen- (2) CAMPUS-BASED AID.— TITLE III—EMERGENCY HOUSING cies, State or local government agencies, or (A) SEOG.— ASSISTANCE other voucher administrators for vouchers (i) IN GENERAL.— SEC. 301. SHORT TITLE. used to assist individuals or families affected (I) AUTHORIZATION.—From funds appro- This title may be cited as the ‘‘Helping to by the major disaster or emergency de- priated pursuant to subclause (II), the Sec- House the Victims of Hurricane Katrina Act scribed in this paragraph up to their author- retary of Education shall carry out a proof 2005’’. ized level of vouchers, if any such vouchers gram of making payments to institutions of SEC. 302. HURRICANE KATRINA EMERGENCY AS- are not otherwise funded; and higher education to enable such institutions SISTANCE VOUCHERS. ‘‘(II) to provide operating subsidies to pub- to award Federal supplemental educational Section 8(o) of the United States Housing lic housing agencies for public housing units opportunity grants under subpart 3 of part A Act of 1937 (42 U.S.C. 1437f(o)) is amended by provided to individuals or families affected of title IV of the Higher Education Act of adding at the end the following: by the major disaster or emergency de- 1965 (20 U.S.C. 1070b et seq.) to students en- ‘‘(20) HURRICANE KATRINA EMERGENCY AS- scribed in this paragraph, if such a subsidy rolled at such institutions who are eligible SISTANCE VOUCHERS.— was not previously provided for those units. to receive a grant under such subpart and ‘‘(A) IN GENERAL.—Subject to section 501 of ‘‘(G) PAYMENT STANDARD.—For purposes of who enrolled at such institutions because the Katrina Emergency Relief Act of 2005, this paragraph, the payment standard for the students are displaced due to Hurricane during the 6-month period beginning on the each size of dwelling unit in a market area Katrina, as determined by the Secretary. date of enactment of the Katrina Emergency may not exceed 150 percent, or higher if the (II) AUTHORIZATION OF APPROPRIATIONS.— Relief Act of 2005, the Secretary shall pro- Secretary approves of such increase, of the There are authorized to be appropriated to vide temporary rental assistance to any indi- fair market rental established under sub- carry out subclause (I) such sums as may be vidual or family, if— section (c) for the same size dwelling unit in necessary. ‘‘(i) the individual or family resides, or re- the same market area, and shall be not less (ii) WAIVER OF NONFEDERAL SHARE.—Not- sided on August 29, 2005, in any area that is than 90 percent of that fair market rental. withstanding subpart 3 of part A of title IV subject to a declaration by the President of ‘‘(H) NONDISCRIMINATION.—In selecting in- of the Higher Education Act of 1965 (20 U.S.C. a major disaster or emergency under the dividuals or families for tenancy, a landlord 1070b et seq.), the Federal share of awards Robert T. Stafford Disaster Relief and Emer- or owner may not exclude or penalize an in- made pursuant to this subparagraph shall be gency Assistance Act (42 U.S.C. 5121 et seq.) dividual or family solely because any portion equal to 100 percent. in connection with Hurricane Katrina; and of the rental payment of that individual or (B) WORK-STUDY PROGRAMS.— ‘‘(ii) the residence of the individual or fam- family is provided under this paragraph. (i) IN GENERAL.— ily became uninhabitable or inaccessible as ‘‘(21) ASSISTANCE FOR CURRENT VOUCHER RE- (I) AUTHORIZATION.—From funds appro- result of that major disaster or emergency. CIPIENTS AFFECTED BY HURRICANE KATRINA.— priated pursuant to subclause (II), the Sec- ‘‘(B) REGULATIONS.—Not later than 30 days ‘‘(A) IN GENERAL.—The Secretary shall retary of Education shall carry out a pro- after the date of enactment of the Katrina waive any of the requirements described in gram of awarding grants to institutions of Emergency Relief Act of 2005, the Secretary clauses (i) through (vi) of paragraph (20)(E) higher education to enable such institutions shall issue final rules to establish the proce- for any individual or family receiving assist- to carry out work-study programs under part dures applicable to the issuance of assistance ance under this section on August 29, 2005, C of title IV of the Higher Education Act of under subparagraph (A). if— 1965 (20 U.S.C. 2751 et seq.) for students en- ‘‘(C) NOTICE.—The Secretary, in consulta- ‘‘(i) the individual or family resides, or re- rolled at such institutions who are eligible tion with the Director of the Federal Emer- sided on August 29, 2005, in any area that is to participate in work-study programs under gency Management Agency and such other subject to a declaration by the President of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9842 CONGRESSIONAL RECORD — SENATE September 8, 2005 a major disaster or emergency under the dent on August 29, 2005, relating to damage dent of a major disaster under the Robert T. Robert T. Stafford Disaster Relief and Emer- caused by Hurricane Katrina. Stafford Disaster Relief and Emergency As- gency Assistance Act (42 U.S.C. 5121 et seq.) (2) INJURED PERSON.—The term ‘‘injured sistance Act (42 U.S.C. 5121 et seq.) in con- in connection with Hurricane Katrina; and person’’ means any individual or entity that nection with Hurricane Katrina; and ‘‘(ii) the residence of the individual or fam- suffers harm resulting from the Disaster (B) as a result of financial hardship caused ily became uninhabitable or inaccessible as that makes the individual or entity eligible by a major disaster described in subpara- result of that major disaster or emergency. to receive, and the individual or entity sub- graph (A), is subject to dispossession or evic- ‘‘(B) ADDITIONAL USES OF FUNDS.—Notwith- mits an application in good faith to receive— tion from a residence due to foreclosure of a standing any other provision of law, the Sec- (A) housing assistance under section 408(b) mortgage or lien or termination of a lease retary shall provide, as the Secretary deter- of the Robert T. Stafford Disaster Relief and entered into before the date on which the mines appropriate, supplemental assistance Emergency Assistance Act (42 U.S.C. 5174(b)); major disaster is declared. to an individual or family receiving assist- (B) financial assistance to address other (c) TYPES OF HOUSING ASSISTANCE.—No lim- ance under this section on August 29, 2005, needs under section 408(e) of that Act (42 itation relating to the maximum amount of and meeting the requirements described in U.S.C. 5174(e)); assistance under paragraph (2) or (3) of sec- subparagraph (A), to assist the individual or (C) unemployment assistance under section 408(c) of the Robert T. Stafford Disaster family with the additional costs of relo- tion 410 of that Act (42 U.S.C. 5177) (as Relief and Emergency Assistance Act (42 cating to new housing, including to cover— amended by subtitle C); U.S.C. 5174(c)) shall apply with respect to ‘‘(i) the additional cost of rent and utili- (D) a disaster loan under section 7(b) of the major disaster FEMA-1603-DR-Louisiana, ties; Small Business Act (15 U.S.C. 636(b)); or FEMA-1604-DR-Mississippi, or FEMA-1605- ‘‘(ii) security and utility deposits; (E) an emergency loan made under subtitle DR-Alabama. (d) FINANCIAL ASSISTANCE TO ADDRESS ‘‘(iii) relocation expenses, including ex- C of the Consolidated Farm and Rural Devel- OTHER NEEDS.—Notwithstanding section penses incurred in relocating back to the opment Act (7 U.S.C. 1961 et seq.). 408(g)(2) of the Robert T. Stafford Disaster major disaster area when such relocation is SEC. 403. MORATORIUM ON PAYMENTS. Relief and Emergency Assistance Act (42 permitted; and (a) IN GENERAL.—Except as otherwise pro- U.S.C. 5174(g)(2)), in the case of financial as- ‘‘(iv) such additional expenses as the Sec- vided in this subtitle, no injured person shall sistance provided under subsection (e) of retary determines necessary. be subject to a penalty or a requirement to that section to any individual or household ‘‘(C) PAYMENT STANDARD.—For purposes of pay interest for a failure of the injured per- in response to a major disaster referred to in this paragraph, the payment standard for son, as a result of the Disaster, to make subsection (c), the Federal share shall be 100 each size of dwelling unit in a market area timely payment of a financial obligation for percent. may not exceed 150 percent, or higher if the any loan made, subsidized, or guaranteed by Subtitle C—Unemployment Assistance Secretary approves of such increase, of the the United States. fair market rental established under sub- (b) APPLICABILITY TO LOANS.—The morato- SEC. 421. UNEMPLOYMENT ASSISTANCE. section (c) for the same size dwelling unit in rium under subsection (a) shall not apply to Section 410 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act the same market area, and shall be not less any loan made to or assumed by an injured (42 U.S.C. 5177) is amended by striking the than 90 percent of that fair market rental. person on or after August 29, 2005. section heading and all that follows through ‘‘(D) NONDISCRIMINATION.—A landlord or (c) PERIOD OF EFFECTIVENESS.—The mora- the end of subsection (a) and inserting the owner may not exclude or penalize an indi- torium under subsection (a) shall apply in following: vidual or family solely because that indi- accordance with section 501 to the failure of ‘‘SEC. 410. UNEMPLOYMENT ASSISTANCE. vidual or family is eligible for any waivers or an injured person to make timely payments. ‘‘(a) PROVISION OF UNEMPLOYMENT ASSIST- benefits provided under this paragraph. (d) ELIGIBILITY.—If a Federal agency responsible for administering a benefit pro- ANCE.— ‘‘(22) AUTHORITY OF THE SECRETARY TO DI- gram referred to in section 402(b) determines ‘‘(1) ASSISTANCE.— RECTLY ADMINISTER VOUCHERS WHEN PHA’S that an individual or entity that has applied ‘‘(A) IN GENERAL.—The President shall pro- ARE UNABLE TO DO SO.—If the Secretary de- to receive a benefit under the program is not vide to any individual unemployed as a re- termines that a public housing agency is un- eligible to receive the benefit, the individual sult of a major disaster such benefit assist- able to implement the provisions of this sub- or entity, for purposes of the moratorium ance as the President determines to be ap- section due to the effects of Hurricane under subsection (a), shall cease to be con- propriate. Katrina, the Secretary may— sidered an injured person as of the date on ‘‘(B) LOCATION OF EMPLOYMENT.—An indi- ‘‘(A) directly administer any voucher pro- which the individual or entity receives no- vidual that is unemployed as a result of a gram described in paragraphs (1) through tice of the determination of the Federal major disaster as determined under subpara- (20); and agency. graph (A) may receive assistance under this ‘‘(B) perform the functions assigned to a (e) FEDERAL RESPONSIBILITY.—In the case subsection regardless of whether the indi- public housing agency by this subsection.’’. of a moratorium on payments on a loan sub- vidual was employed at a location within the SEC. 303. REPORT ON INVENTORY OF AVAIL- sidized or guaranteed by the United States, declared disaster area. ABILITY OF TEMPORARY HOUSING. nothing in this section excuses the United ‘‘(C) REASON FOR UNEMPLOYMENT.—For pur- Not later than 10 days after the date of en- States from any liability of the United poses of this subsection, an individual who is actment of this Act, the Secretary of De- States to the lender under the terms of the unemployed because a loss of business result- fense, the Administrator of the General agreement between the United States and ing from a major disaster contributed impor- Services Administration, the Secretary of the lender. tantly to the employer’s decision to reduce Agriculture, and such other agency heads as (f) EFFECT OF OTHER LAW.—The morato- or terminate employment shall be consid- the Secretary determines appropriate, shall rium under subsection (a) shall apply to an ered to be an individual unemployed as a re- compile and report to the Secretary an in- injured person only if, and to the extent sult of a major disaster. ventory of Federal civilian and defense fa- that, the injured person is not excused from, ‘‘(D) ELIGIBILITY.—An individual shall be cilities that can be used— or eligible to be excused from, the obligation eligible to receive assistance under this sub- (1) to provide emergency housing; or under other applicable law. section regardless of whether the individual (2) as locations for the construction or de- Subtitle B—Individual and Household is eligible to receive, or has exhausted eligi- ployment of temporary housing units. Assistance bility for, State unemployment compensa- SEC. 304. APPROPRIATION OF FUNDING. SEC. 411. INDIVIDUAL AND HOUSEHOLD ASSIST- tion. (a) IN GENERAL.—There are authorized to ANCE. ‘‘(2) AVAILABILITY.—Assistance provided to be appropriated and are appropriated (a) MAXIMUM AMOUNTS.—Notwithstanding an unemployed individual under paragraph $3,500,000,000 to provide assistance under this section 408 of the Robert T. Stafford Disaster (1) shall be available as long as the unem- title. Relief and Emergency Assistance Act (42 ployment of the individual caused by the (b) EMERGENCY DESIGNATION.—The amount U.S.C. 5174), in providing assistance to indi- major disaster continues, or until the indi- appropriated under subsection (a) is des- viduals and households affected by Hurricane vidual is reemployed in at least a com- ignated as an emergency requirement pursu- Katrina, the President may waive the limita- parable position, but not longer than 52 ant to section 402 of H. Con. Res. 95 (109th tion on total assistance under subsection (h) weeks after the date on which the unem- Congress). of that section. ployed individual first receives assistance. TITLE IV—FINANCIAL RELIEF (b) MORTGAGE AND RENTAL ASSISTANCE.— ‘‘(3) MAXIMUM AND MINIMUM WEEKLY (1) IN GENERAL.—During the 18-month pe- AMOUNTS.—The amount of assistance pro- Subtitle A—Limitation on Payments riod beginning on the date of enactment of vided to an unemployed individual under this SEC. 401. SHORT TITLE. this Act, the President may provide assist- subsection for each week of unemployment This subtitle may be cited as the ‘‘Hurri- ance in the form of mortgage or rental pay- shall be— cane Emergency Limitation on Payments ments for persons described in paragraph (2). ‘‘(A) unless the amount is less than the (HELP) Act of 2005’’. (2) ELIGIBLE PERSONS.—Assistance under amount described in subparagraph (B), not SEC. 402. DEFINITIONS. paragraph (1) may be provided to any indi- more than the maximum weekly amount au- In this subtitle: vidual or household that— thorized under the unemployment compensa- (1) DISASTER.—The term ‘‘Disaster’’ means (A) resided on August 29, 2005, in an area tion law of the State in which the disaster the major disasters declared by the Presi- that is subject to a declaration by the Presi- occurred; and

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9843 ‘‘(B) not less than the national average ance Act in connection with Hurricane ‘‘(aa) a natural disaster declaration under weekly unemployment benefit provided to an Katrina— section 321(a) of the Consolidated Farm and individual as of the date of the major dis- ‘‘(A) if such distribution is made during Rural Development Act (7 U.S.C. 1961(a)); or aster for which unemployment assistance is the 6-month period beginning on the date ‘‘(bb) a major disaster or emergency des- provided. such declaration is made, and ignation under the Robert T. Stafford Dis- ‘‘(4) PERIOD FOR APPLICATION.—The Presi- ‘‘(B) to the extent such distribution does aster Relief and Emergency Assistance Act dent shall accept applications for assistance not exceed the excess of— (42 U.S.C. 5121 et seq.). under this subsection for— ‘‘(i) the amount of expenses incurred as a ‘‘(ii) AFFECTED HOUSEHOLD.— ‘‘(A) the 90-day period beginning on the result of such disaster, over ‘‘(I) IN GENERAL.—The term ‘affected date on which the applicable major disaster ‘‘(ii) the amount of such expenses which household’ means a household— is declared; or are compensated for by insurance or other- ‘‘(aa) in an affected area; ‘‘(B) such longer period as may be estab- wise. ‘‘(bb) in which a member worked imme- lished by the President. ‘‘(4) RECONTRIBUTION OF QUALIFIED DIS- diately prior to August 29, 2005, in an af- ‘‘(5) COOPERATION WITH STATES.—The Presi- TRIBUTIONS.— fected area; or dent shall provide assistance under this sub- ‘‘(A) IN GENERAL.—If an individual received ‘‘(cc) that was displaced as a result of Hur- section through agreements with States a qualified distribution, such individual shall ricane Katrina or a related condition to that, in the judgment of the President, have make required recontributions in the man- other areas of the same or another State. an adequate system for administering the as- ner provided in this paragraph to an indi- ‘‘(II) INCLUSION.—The term ‘affected house- sistance through existing State agencies.’’. vidual retirement plan maintained for the hold’ includes a household containing 1 or more individuals that were displaced as a re- Subtitle D—Tax Relief benefit of such individual. ‘‘(B) METHOD OF MAKING RECONTRIBUTION.— sult of Hurricane Katrina or a related condi- SEC. 431. REQUIRED EXERCISE OF AUTHORITY Any required recontribution— tion, as determined by the Secretary. UNDER SECTION 7508A FOR TAX RE- ‘‘(iii) DISASTER RECOVERY PERIOD.— LIEF FOR VICTIMS OF HURRICANE ‘‘(i) shall be made during the repayment ‘‘(I) IN GENERAL.—The term ‘disaster recov- KATRINA. period for the qualified distribution, ery period’ means the period of 180 days be- In the case of any taxpayer determined by ‘‘(ii) shall not exceed the qualified distribution reduced by any prior recontribu- ginning on the date of enactment of this the Secretary of the Treasury to be affected paragraph. by the Presidentially declared disaster relat- tion under this paragraph with respect to ‘‘(II) EXTENSION.—The disaster recovery pe- ing to Hurricane Katrina, the Secretary of such distribution, and ‘‘(iii) shall be made by making a payment riod shall be extended for another 180 days the Treasury shall specify a period under unless the President determines that the ex- section 7508A of the Internal Revenue Code in cash to the qualified retirement plan from which the qualified distribution was made. tension is not necessary to fully meet the of 1986 of not less than 6 months beginning needs of affected households. on August 29, 2005, that may be disregarded An individual making a required recontribu- ‘‘(B) DISASTER RECOVERY PERIOD.—During with respect to all of the acts described in tion under this paragraph shall designate (in the disaster recovery period— section 7508(a)(1) of such Code. the manner prescribed by the Secretary) ‘‘(i) clauses (iv) and (v) of subsection SEC. 432. PENALTY FREE WITHDRAWALS FROM such contribution as a required recontribu- (g)(2)(B), subsections (d) and (o) of section 6, RETIREMENT PLANS FOR VICTIMS tion under this paragraph and shall specify and section 8(c)(1) shall not apply to affected OF HURRICANE KATRINA. the qualified distribution with respect to households; (a) EXCLUSION FROM INCOME OF CERTAIN which such recontribution is being made. ‘‘(ii) the application of an affected house- DISTRIBUTIONS WHICH ARE REPAID.—Section ‘‘(C) TREATMENT OF CONTRIBUTION.—For hold shall be processed under the procedures 72 of the Internal Revenue Code of 1986 (re- purposes of this title, any required recon- established under section 11(e)(9); lating to individual retirement accounts) is tribution under this paragraph shall not be ‘‘(iii) at the option of the State agency, the amended by redesignating subsection (x) as taken into account for purposes of any limi- State agency may increase the value to the subsection (y) and by inserting after sub- tation on contributions to a qualified retire- affected household of the thrifty food plan section (w) the following new subsection: ment plan (as so defined). determined under section 3(o) by 6 percent ‘‘(x) REPAYABLE DISTRIBUTIONS FROM ‘‘(5) OTHER SPECIAL RULES.— when calculating the value of the allotment QUALIFIED RETIREMENT PLANS FOR VICTIMS ‘‘(A) BASIS RULES NOT AFFECTED.—The tax for an affected household under section 8(a), OF HURRICANE KATRINA.— treatment under this chapter of any dis- in lieu of making the adjustment otherwise ‘‘(1) IN GENERAL.—Notwithstanding any tribution (other than a qualified distribu- required by clause (iv); other provision of this section, gross income tion) shall be determined as if this sub- ‘‘(iv) except in the case of a household to shall not include any qualified distribution. section had not been enacted. which clause (iii) applies, the State agency ‘‘(2) REPAYMENT REQUIREMENT.— ‘‘(B) AGGREGATION RULE.—For purposes of shall calculate the income of an affected ‘‘(A) ADDITION TO TAX.—If the required re- this subsection, all qualified distributions household using a standard deduction of $323 contributions made by the taxpayer during received by an individual during a taxable in lieu of the deduction provided under sub- the repayment period are less than the quali- year shall be treated as a single distribu- section (e)(1); fied distribution, the tax imposed by this tion.’’. ‘‘(v) the Secretary shall pay each State chapter for the last taxable year in the re- (b) EFFECTIVE DATE.—The amendments agency an amount equal to 100 percent of ad- payment period shall be increased by the made by this section shall apply to distribu- ministrative costs allowable under section amount determined under subparagraph (B). tions received after the date of the enact- 16(a) related to serving affected households ‘‘(B) DETERMINATION OF AMOUNT.—The ment of this Act, in taxable years ending in lieu of the payments section 16(a) would amount determined under this subparagraph after such date. otherwise require for those costs; shall be an amount which bears the same ‘‘(vi) an affected household shall be consid- Subtitle E—Hurricane Katrina Food ratio to the tax benefit amount as— ered to meet the requirements of subsection Assistance Relief ‘‘(i) the excess (if any) of the qualified dis- (c)(2) if the income of the affected household, tribution over required recontributions made SEC. 441. SHORT TITLE. as calculated under subsection (c)(2), does during the repayment period, bears to This subtitle may be cited as the ‘‘Hurri- not exceed the level permitted under sub- ‘‘(ii) the qualified distribution. cane Katrina Food Assistance Relief Act of section (c)(1) by more than 50 percent; ‘‘(C) REPAYMENT PERIOD.—For purposes of 2005’’. ‘‘(vii) any funds designated for rebuilding this subsection, the term ‘repayment period’ SEC. 442. DEFINITION OF SECRETARY. or relocation (including payments from Fed- means, with respect to any qualified dis- eral, State, or local governments, charitable In this subtitle, the term ‘‘Secretary’’ tribution, the 5-taxable year period begin- organizations, employers, or insurance com- means the Secretary of Agriculture. ning after the taxable year in which such panies) shall be excluded from consideration distribution is received. SEC. 443. FOOD STAMP PROGRAM DISASTER AU- under subsection (g) in determining the eli- ‘‘(D) TAX BENEFIT AMOUNT.—For purposes THORITY. gibility of an affected household; and of this subsection, the term ‘tax benefit (a) IN GENERAL.—Section 5(h) of the Food ‘‘(viii) an affected household may not be amount’ means, with respect to any qualified Stamp Act of 1977 (7 U.S.C. 2014(h)) is amend- considered to customarily purchase food and distribution, the aggregate reduction in the ed by adding at the end the following: prepare meals together with other individ- tax imposed by this chapter for the taxable ‘‘(4) RESPONSE TO HURRICANE KATRINA.— uals if the affected household did not cus- year in which such distribution is received ‘‘(A) DEFINITIONS.—In this paragraph: tomarily purchase food and prepare meals by reason of the exclusion under paragraph ‘‘(i) AFFECTED AREA.— for home consumption with those individuals (1). ‘‘(I) IN GENERAL.—The term ‘affected area’ immediately prior to August 29, 2005. ‘‘(3) QUALIFIED DISTRIBUTION.—For purposes means an area of a State that the Secretary ‘‘(C) DUPLICATE PARTICIPATION.— of this subsection, the term ‘qualified dis- determines was affected by Hurricane ‘‘(i) IN GENERAL.—The Secretary shall take tribution’ means any distribution to an indi- Katrina or a related condition. such actions as are prudent and reasonable vidual who has a principal place of abode ‘‘(II) INCLUSION.—The term ‘affected area’ under the circumstances to identify affected within the area designated as a disaster area includes any area that, as a result of Hurri- households that are participating in more by the President under the Robert T. Staf- cane Katrina or a related condition, was cov- than 1 State and to terminate the duplicate ford Disaster Relief and Emergency Assist- ered by— participation of those households.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9844 CONGRESSIONAL RECORD — SENATE September 8, 2005

‘‘(ii) NO ACTION TAKEN.—Except in the case (c) SECTION 32 FUNDING.—In addition to (b) ELIGIBILITY.—A case described in this of deliberate falsehoods, no action may be funds obligated for fiscal years 2005 and 2006 subsection is a case commenced during the taken against any affected household relat- under section 32 of the Act of August 24, 1935 180-day period beginning on the effective ing to any duplicate participation during the (7 U.S.C. 612c), the Secretary shall use not date of the Bankruptcy Abuse Prevention disaster recovery period that takes place more than $200,000,000 of funds made avail- and Consumer Protection Act of 2005, under prior to termination under clause (i). able under that section to provide food as- title 11, United States Code (other than ‘‘(D) CLAIMS RELATING TO BENEFITS.—Ex- sistance to eligible recipients, including food under chapter 12 of that title 11), or during cept in the case of intentional program vio- described in subparagraphs (A) through (D) an extension of a period for the availability lations as determined under section 6(b), no of subsection (b)(1). of benefits or assistance in accordance with claim may be established under section 13(b) SEC. 445. WIC FUNDING. section 501(b), by or on behalf of a debtor relating to benefits issued under this sub- (a) IN GENERAL.—In addition to other funds who resides, or who resided on August 29, section. made available to the Secretary for fiscal 2005, in any area that is subject to a declara- ‘‘(E) PAYMENT ERROR RATE.—For purposes year 2005 or 2006 to carry out the special sup- tion by the President of a major disaster of determining the payment error rate of a plemental nutrition program for women, in- under the Robert T. Stafford Disaster Relief State agency under section 16(c), the Sec- fants, and children established by section 17 and Emergency Assistance Act (42 U.S.C. retary shall disregard any errors resulting of the Child Nutrition Act of 1966 (42 U.S.C. 5121 et seq.) in connection with Hurricane from the application of this paragraph to an 1786), there is authorized to be appropriated Katrina. affected household during the disaster recov- $200,000,000, to remain available until Sep- TITLE V—ADMINISTRATIVE MATTERS ery period. tember 30, 2007. SEC. 501. PERIOD OF AVAILABILITY OF BENEFITS. ‘‘(F) SAVINGS CLAUSE.—This paragraph (b) EMERGENCY DESIGNATION.—The shall not apply in any area of a State to the (a) IN GENERAL.—Except as otherwise pro- amounts made available by the transfer of extent that there is in effect in the area an vided by this Act or an amendment made by funds in or pursuant to subsection (a) are emergency food stamp plan approved by the this Act, a benefit or assistance provided by designated as an emergency requirement Secretary that is more generous than the as- any provision of this Act or an amendment pursuant to section 402 of H. Con. Res. 95 sistance provided under this paragraph.’’. made by this Act shall be available through (b) PROGRAM INFORMATION ACTIVITIES.— (109th Congress). the date that is 180 days after the date of en- (1) IN GENERAL.—From funds otherwise ap- (c) ALLOCATION OF FUNDS.—Notwith- actment of this Act. propriated for the food stamp program estab- standing section 17(i) of the Child Nutrition (b) AUTOMATIC EXTENSION.—The period dur- lished under the Food Stamp Act of 1977 (7 Act of 1966 (42 U.S.C. 1786(i)), the Secretary ing which a benefit or assistance described in U.S.C. 2011 et seq.), the Secretary may use may allocate funds made available under subsection (a) is available shall be automati- not more than $5,000,000 for the period of fis- subsection (a) as the Secretary determines to cally extended for an additional 180 days, be- cal year 2005 through 2006 to enter into con- be necessary to provide assistance to women, ginning on the date that is 181 days after the tracts with nonprofit organizations to pro- infants, and children who, as determined by date of enactment of this Act (or any earlier vide affected households (as defined in sec- the Secretary in consultation with the Sec- date on which such period expires under a tion 5(h)(4)(A)(i) of the Food Stamp Act of retary of Homeland Security— provision of this Act or an amendment made 1977 (as added by subsection (a)) with infor- (1) are victims of Hurricane Katrina or a by this Act), unless the President determines mation about and assistance in completing related condition; or that the extension of the availability of the the application process for any food assist- (2) have been displaced by Hurricane benefit or assistance is not necessary to fully ance programs for which the Secretary pro- Katrina or a related condition. meet the needs of individuals and households vides funds or commodities. SEC. 446. REPORT. affected by Hurricane Katrina or a related (2) EXPEDITING PROVISIONS.—Notwith- Not later than 180 days after the date of condition. standing any other provision of law, the Sec- enactment of this Act, the Secretary, in con- (c) REPORT.—If the President determines retary shall not be required— sultation with the Secretary of Homeland that an extension is not necessary under sub- (A) to provide public notice of the avail- Security, shall submit to the Committee on section (b), the President shall submit to ability of funds described in paragraph (1); or Agriculture of the House of Representatives Congress a report describing the determina- (B) to accept competitive bids for con- and the Committee on Agriculture, Nutri- tion. tracts under this subsection. tion, and Forestry of the Senate a report SEC. 502. NONDISCRIMINATION. SEC. 444. EMERGENCY FOOD ASSISTANCE PRO- that— Each recipient of Federal funds made GRAM AND SECTION 32 ASSISTANCE. (1) describes whether additional funding or available pursuant to this Act or an amend- (a) DEFINITION OF ELIGIBLE RECIPIENT.—In authority is needed to continue to address ment made by this Act, in carrying out pro- this section, the term ‘‘eligible recipient’’ the food needs of eligible recipients; and grams and activities with those funds, shall means an individual or household that, as (2) includes any determination by the comply with all Federal laws (including reg- determined by the Secretary in consultation President under section 5(h)(4)(A)(iii)(II) of ulations) prohibiting discrimination on the with the Secretary of Homeland Security— the Food Stamp Act of 1977 (as added by sec- basis of race, color, religion, sex, national or- (1) is a victim of Hurricane Katrina or a re- tion l03(a)) that an extension of the disaster igin, age, or disability, including title VI of lated condition; recovery period is not necessary to fully the Civil Rights Act of 1964 (42 U.S.C. 2000d et (2) has been displaced by Hurricane meet the needs of affected households. seq.). Each recipient of Federal funds made available pursuant to this Act or an amend- Katrina or a related condition; or SEC. 447. REGULATIONS. (3) is temporarily housing 1 or more indi- ment made by this Act, in carrying out pro- (a) IN GENERAL.—The Secretary may programs and activities with those funds, shall viduals displaced by Hurricane Katrina or a mulgate such regulations as are necessary to comply with all Federal laws (including reg- related condition. implement this subtitle. (b) ASSISTANCE.— ulations) prohibiting discrimination on the (b) PROCEDURE.—The promulgation of the (1) IN GENERAL.—In addition to funds al- basis of race, color, religion, sex, national or- regulations and administration of this sub- ready obligated to carry out the emergency igin, age, or disability, including title VI of title shall be made without regard to— food assistance program established under the Civil Rights Act of 1964 (42 U.S.C. 2000d et (1) the notice and comment provisions of the Emergency Food Assistance Act of 1983 seq.). section 553 of title 5, United States Code; (7 U.S.C. 7501 et seq.), the Secretary, in con- (2) the Statement of Policy of the Sec- sultation with the Secretary of Homeland By Mr. OBAMA: retary of Agriculture effective July 24, 1971 Security, shall use not more than $200,000,000 S. 1638. A bill to provide for the es- (36 Fed. Reg. 13804), relating to notices of of funds made available under that Act to proposed rulemaking and public participa- tablishment of programs and activities provide a variety of food to eligible recipient tion in rulemaking; and to assist in mobilizing an appropriate agencies for providing food assistance to eli- (3) chapter 35 of title 44, United States healthcare workforce in the event of a gible recipients, including— Code (commonly known as the ‘‘Paperwork health emergency or natural disaster; (A) special supplemental foods for preg- Reduction Act’’). nant women and infants or for other individ- to the Committee on Health, Edu- (c) CONGRESSIONAL REVIEW OF AGENCY uals with special needs; cation, Labor, and Pensions. RULEMAKING.—In carrying out this section, (B) infant formula; Mr. OBAMA. Mr. President, earlier the Secretary shall use the authority pro- (C) bottled water; and this week I traveled with former Presi- vided under section 808 of title 5, United (D) fruit juices. States Code. dents Bush and Clinton to Houston and (2) USE OF FUNDS.—Funds made available met countless hurricane survivors who under paragraph (1) may be used to provide Subtitle F—Bankruptcy Relief shared heart-wrenching stories about commodities in accordance with— SEC. 451. BANKRUPTCY RELIEF FOR VICTIMS OF their experiences. Too many of the hur- (A) section 27 of the Food Stamp Act of HURRICANE KATRINA. ricane survivors have lost their jobs, 1977 (7 U.S.C. 2036); (a) IN GENERAL.—Notwithstanding any (B) section 203A of the Emergency Food other provision of law, the provisions of title their homes, and for some, beloved Assistance Act of 1983 (7 U.S.C. 7504); and 11, United States Code, as in effect on Au- friends and family members. (C) section 204 of the Emergency Food As- gust 29, 2005, shall apply to any case de- Hurricane Katrina served as another sistance Act of 1983 (7 U.S.C. 7508). scribed in subsection (b). important reminder of man’s inability

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9845 to control the wrath of Mother Nature. mains—whether it be earthquakes, hur- ‘‘SEC. 25. PROTECTION FROM PRICE GOUGING Yet, our response to such calamitous ricanes, tornadoes, or sadly even ter- FOLLOWING MAJOR DISASTERS. ‘‘(a) DEFINITIONS.—In this section: events is completely within our con- rorist attacks, the nation will surely ‘‘(1) AFFECTED AREA.—The term ‘affected trol. Hurricane Katrina was the first face future devastating and cata- area’ means an area affected by a major dis- disaster, the Nation’s emergency re- clysmic events. We know now that the aster declared by the President under Fed- sponse to Hurricane Katrina was the Nation’s preparedness for such events eral law in existence on the date of enact- second disaster. in no way matches our ability to re- ment of the Protection From Price Gouging We have all watched TV reports of spond and mitigate human suffering Against Disaster Victims Act of 2005. residents stranded, abandoned really, and economic collapse. We must do ‘‘(2) CONSUMER GOOD OR SERVICE.— without food or water and medical ‘‘(A) IN GENERAL.—The term ‘consumer better. I urge each of my colleagues to good or service’ means a good, piece of equip- care, while those charged with emer- join me in passing this legislation. ment, or service provided primarily for per- gency response delayed and fumbled sonal, family, or household purposes, includ- their duties. Many of the sick and el- By Mr. NELSON of Florida: ing food, water, ice, a chemical, a building derly were left behind at the makeshift S. 1640. A bill to prohibit price supply, a tool, a petroleum product, a resi- hospital inside the New Orleans air- gouging relating to certain goods and dential construction, reconstruction, or report, and others faced uncertainties re- services in areas affected by major dis- pair service, or a service for the removal of garding their own medical care while asters; to the Committee on Com- debris (including a damaged tree) or garbage. merce, Science, and Transportation. ‘‘(B) INCLUSION.—The term ‘consumer good staying at temporary shelters in Hous- or service’ includes a property or a facility ton. Mr. NELSON of Florida. Mr. Presi- rented to a consumer for use as a residence The Nation’s generous outpouring of dent, I rise today to introduce the or storage facility. support for the survivors of Hurricane ‘‘Protection from Price Gouging ‘‘(3) PRICE GOUGING.—The term ‘price Katrina is heart-warming. Yet, many Against Disaster Victims Act of 2005’’ gouging’ means the charging of an uncon- of those who would volunteer their and ask unanimous consent that the scionably excessive price by a supplier in an services have been thwarted by bureau- text of the bill be printed in the affected area. cratic red tape from antiquated laws RECORD. ‘‘(4) SUPPLIER.—The term ‘supplier’ in- and regulations. My own office has re- There being no objection, the bill was cludes a seller, reseller, wholesaler, dis- tributor, retailer, lessor, provider, or li- ceived numerous complaints from con- ordered to be printed in the RECORD, as censed or unlicensed contractor, subcon- stituents whose offers of service were follows: tractor, or laborer engaged in the provision refused. In particular, medical profes- S. 1640 or distribution of a consumer good or serv- sionals, which are still so desperately Be it enacted by the Senate and House of Rep- ice. needed in affected areas, were turned resentatives of the United States of America in ‘‘(5) UNCONSCIONABLY EXCESSIVE PRICE.— away from FEMA and not informed Congress assembled, The term ‘unconscionably excessive price’ about alternative mechanisms for vol- SECTION 1. SHORT TITLE. means a price charged in an affected area for unteering. These doctors also expressed This Act may be cited as the ‘‘Protection a consumer good or service that— ‘‘(A) represents a gross disparity, as deter- concerns relating to licensure, liabil- From Price Gouging Against Disaster Vic- tims Act of 2005’’. mined by the Commission in accordance with ity, and their ability to take leaves of subsection (e), between the price charged for absence from their jobs. SEC. 2. FINDINGS AND GOALS. the good or service and the average price of The Federal Government should be (a) FINDINGS.—Congress finds that— the good or service charged by suppliers in doing everything possible to stream- (1) the United States experiences tremen- the affected area during the 30-day period line the process by which trained med- dous generosity and goodwill in the wake of immediately before the President declares natural disasters; the existence of a major disaster; and ical personnel around the country can (2) unfortunately, some unscrupulous indi- volunteer their services in Louisiana, ‘‘(B) is not attributable to increased whole- viduals take advantage of those disasters in sale or operational costs incurred by the sup- Mississippi, Alabama, and any of the an attempt to gain financially; plier in connection with the provision of the States where evacuees have been relo- (3) the Federal Trade Commission is consumer good or service. cated. I have introduced legislation charged with preventing unfair methods of ‘‘(b) DETERMINATION OF THE COMMISSION.— today, entitled the Hurricane Katrina competition and unfair and deceptive acts or Following the declaration of a major disaster Emergency Health Workforce Act of practices under section 5 of the Federal by the President, the Commission shall— 2005, that will start this process. Trade Commission Act (15 U.S.C. 45); ‘‘(1) consult with the Attorney General of (4) the Federal Trade Commission has ex- the United States, the United States Attor- There are five components to this tensive experience analyzing markets and bill. It would create a national emer- ney for the district in which the disaster oc- competitive issues in order to determine curred, and State and local law enforcement gency health professional volunteer whether market participants are engaging in officials to determine whether any supplier corps, so that we will have a ready pool actions that may have anticompetitive ef- in the affected area is charging or has of volunteer doctors and nurses who fects; and charged an unconscionably excessive price are willing, trained, and certified to (5) the Committee on Commerce, Science, for any consumer good or service provided in serve in times of disaster. My bill and Transportation of the Senate and the the affected area; and would provide liability protections to Committee on Energy and Commerce of the ‘‘(2) establish within the Commission— House of Representatives are charged by ‘‘(A) a toll-free hotline that a consumer qualified health professionals and pro- their respective Houses with consumer provide the same job protections that may call to report an incidence of price tection. gouging in the affected area; and many Federal employees and members (b) GOALS.—The goals of this Act are— ‘‘(B) a program to develop and distribute to of the National Guard already have. (1) to decrease the occurrence of persons the public informational materials in Requirements for State licensure charging unconscionably excessive prices for English and Spanish to assist residents of would be lifted for licensed doctors who consumer goods and services following nat- the affected area in detecting and avoiding travel to disaster stricken areas out- ural disasters; price gouging. side of their home States. In addition, (2) to require the Federal Trade Commis- ‘‘(c) PRICE GOUGING INVOLVING DISASTER sion to conduct ongoing investigations of ac- the CDC would establish a national and VICTIMS.— tions intended to disadvantage consumers ‘‘(1) OFFENSE.—During the 180-day period easily accessible database with the following natural disasters; and after the date on which a major disaster is names and contact information of doc- (3) to ensure that sufficient enforcement declared by the President, no supplier shall tors and nurses, as well as their spe- authority is available to the Commission to provide, or offer to provide, any consumer cialties and licensures, around the Na- carry out the responsibilities of the Commis- good or service in an affected area at an un- tion. Finally, recognizing that emer- sion under this Act and the amendments conscionably excessive price. gencies are often unpredictable, this made by this Act. ‘‘(2) ACTION BY COMMISSION.— legislation would grant the Secretary SEC. 3. PRICE GOUGING PROHIBITION FOL- ‘‘(A) IN GENERAL.—During the period de- broad authority to suspend rules and LOWING MAJOR DISASTERS. scribed in paragraph (1), the Commission The Federal Trade Commission Act (15 shall conduct investigations to determine regulations in order to get health pro- U.S.C. 41 et seq.) is amended— whether any supplier in an affected area is in fessionals where they are needed and (1) by redesignating sections 25 and 26 as violation of paragraph (1). when they are needed. sections 26 and 27, respectively; and ‘‘(B) POSITIVE DETERMINATION.—If the Com- Although we live in a changing and (2) by inserting after section 24 the fol- mission determines under subparagraph (A) uncertain world, one constant re- lowing: that a supplier is in violation of paragraph

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9846 CONGRESSIONAL RECORD — SENATE September 8, 2005 (1), the Commission shall take any action S. 1641. A bill to authorize the Sec- Narco-terrorism takes many forms, the Commission determines to be appro- retary of the Army to carry out a all of which are deadly. Before Sep- priate to remedy the violation. project for the mitigation of shore tember 11, the term called to mind ‘‘(3) CIVIL PENALTIES.—A supplier that commits an offense described in paragraph damage attributable to the project for Pablo Escobar, the classic cocaine traf- (1) may, in a civil action brought in a court navigation, Saco River, Maine; to the ficker who used terrorist tactics of competent jurisdiction, be subject to— Committee on Environment and Public against citizens and officials to protect ‘‘(A) a civil penalty not more than $500,000; Works. his drug trade. Post 9/11, governments ‘‘(B) an order to pay special and punitive Ms. SNOWE. Mr. President, I rise now find themselves combating classic damages; today to introduce a bill for the City of terrorist groups that participate in, or ‘‘(C) an order to pay reasonable attorney’s Saco, ME that concerns the town’s otherwise receive funds from, drug fees; ability to allow the mooring of boats ‘‘(D) an order to pay costs of litigation re- trafficking in order to further their lating to the offense; on the Saco River. The bill changes the agenda. But whether narco-terrorists ‘‘(E) an order for disgorgement of profits turning basin into an anchorage while are actual drug traffickers who use ter- earned as a result of a violation of paragraph managing a 50-foot channel within the rorism against civilians to advance (1); and anchorage. The town was not aware their agenda, or are principally terror- ‘‘(F) any other relief determined by the that it was in violation because of 21 court to be appropriate. ists who out of convenience or neces- moorings located in the Saco River sity use drug money to further their ‘‘(4) CRIMINAL PENALTY.—A supplier that Federal Navigational Project. In an ef- knowingly commits an offense described in cause, the label of narco-terrorist may fort to eliminate this encroachment, paragraph (1) shall be imprisoned not more be equally applicable to both groups, city officials have requested a modi- than 1 year. and the full force of U.S. law should be fication or deauthorization of the Fed- ‘‘(5) ACTION BY VICTIMS.—A person, Federal brought to bear on these organizations. agency, State, or local government that suf- eral Navigational Project to resolve fers loss or damage as a result of a violation the issue. My State is experiencing the collat- of paragraph (1) may bring a civil action The U.S. Army Corps of Engineers eral effects of a drug war being carried against a supplier in any court of competent has suggested language that re-des- out by modern day narco-terrorists in jurisdiction for disgorgement, special or pu- ignates the maneuvering basin into an Nuevo Laredo, Mexico. News reports nitive damages, injunctive relief, reasonable anchorage area that will meet the have described an ongoing battle be- attorney’s fees, costs of the litigation, and any other appropriate legal or equitable re- needs of the community. The language, tween rival drug cartels over drug lief. which I hope will be included in the smuggling routes from Mexico into the ‘‘(6) ACTION BY STATE ATTORNEYS GEN- Water Resources Development Act in United States. These organizations as- ERAL.—An attorney general of a State, or this Congress, will allow for the legal sassinate police officers and other gov- other authorized State official, may bring a moorage of boats, the fairway for ernment officials in a clear attempt to civil action in the name of the State, on be- which would be maintained by the City force the local government in Nuevo half of persons residing in the State, in any of Saco as is customary for towns with Laredo to allow these organizations to court of competent jurisdiction for Federal anchorages. It is my under- carry on their illegal activity, disgorgement, special or punitive damages, reasonable attorney’s fees, costs of litiga- standing that the two mayors of the unimpeded. Our government needs tion, and any other appropriate legal or equi- cities involved along with the Saco every available tool at its disposal to table relief. Yacht Club have agreed to the Corps’ combat this activity. ‘‘(7) NO PREEMPTION.—Nothing in this sec- language. The legislation I introduce today cre- tion preempts any State law. ‘‘(d) REPORT.—Not later than 1 year after By Mr. CORNYN: ates a new Federal crime designed to the date of enactment of the Protection S 1642. A bill to prohibit narco-ter- punish the trafficking of controlled From Price Gouging Against Disaster Vic- rorists from aiding and supporting ter- substances which are intended to ben- tims Act of 2005, and annually thereafter, the rorists and terrorist organizations; to efit a foreign terrorist organization or Commission shall submit to the Committee the Committee on the Judiciary. any one else planning a terrorist at- on Commerce, Science, and Transportation tack. It also carries a stiff, mandatory- of the Senate and the Committee on Energy Mr. CORNYN. Mr. President, I rise and Commerce of the House of Representa- today to introduce the Narco-Ter- minimum penalty of 20 years for any- tives a report describing— rorism Prevention Act of 2005. This bill one convicted. Importantly, the Narco- ‘‘(1) the number of price gouging com- confronts the new reality and very real Terrorism Prevention Act provides for plaints received by the Commission for each danger of the deadly mix of drug traf- extraterritorial jurisdiction which al- major disaster declared by the President dur- ficking and terrorism. lows law enforcement to reach beyond ing the preceding year; Many of the State Department’s des- our borders to arrest and deter those ‘‘(2) the number of price gouging investiga- who intend to carry out a crime of this tions of the Commission initiated, in ignated Foreign Terrorist Organiza- progress, and completed as of the date on tions are involved in the trafficking of nature. which the report is prepared; illegal drugs—that is, illegal drugs that This bill says that whether you are a ‘‘(3) the number of enforcement actions of end up on the streets of cities through- member of or assisting a drug cartel the Commission initiated, in progress, and out our country and other countries along the border that employs terrorist completed as of the date on which the report and poison the fabric of our society, tactics to protect its drug trade, or you is prepared; our children, our families, and our ‘‘(4) an evaluation of the effectiveness of are assisting international terrorists the toll-free hotline and program established neighbors. Terrorists, like the old orga- with the proceeds from drug trans- under subsection (b)(2); and nized crime syndicates from the past, actions, this bill targets you. This bill ‘‘(5) recommendations for any additional have recognized that illegal drug traf- puts you on notice that our govern- action with respect to the implementation or ficking is a valuable source of financ- ment has the authority to arrest you effectiveness of this section. ing and another way to threaten our and, when apprehended, you will face a ‘‘(e) DEFINITION OF GROSS DISPARITY.—Not country. lengthy, and perhaps permanent, stay later than 180 days after the date of enact- The evidence linking these two ment of the Protection From Price Gouging in prison. Against Disaster Victims Act of 2005, the criminal activities is overwhelming: terrorists in Afghanistan have been in- Commission shall promulgate regulations to By Mr. HARKIN (for himself and define the term ‘gross disparity’ for purposes filtrating and controlling the cultiva- Mr. LEAHY): of this section.’’. tion of poppies, and ultimately heroin; SEC. 4. EFFECT OF ACT. media reports indicate that the deadly S. 1643. A bill to provide the Sec- Nothing in this Act, or an amendment Spain bombings were financed by drug retary of Agriculture with additional made by this Act, affects any authority of money; the Hezbollah has been linked authority and funding to provide emer- the Federal Trade Commission in existence gency relief, in coordination with the on the date of enactment of this Act with re- to drug trafficking; and of course, the spect to price gouging actions. Revolutionary Armed Forces of Colom- Secretary of Homeland Security, to bia, or the FARC, has long-standing victims of Hurricane Katrina and re- By Ms. SNOWE (for herself and drug trafficking operations which fund lated conditions; to the Committee on Ms. COLLINS): their deadly activities. Agriculture, Nutrition, and Forestry.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9847 HURRICANE KATRINA FOOD programs to assist our citizens in need. ‘‘(bb) a major disaster or emergency des- Mr. HARKIN. Mr. President, for The legislation targets three groups of ignation under the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act milions of people in the Gulf Coast, households: Those living in areas hit by Katrina, those who have lost jobs in (42 U.S.C. 5121 et seq.). Hurricane Katrina has shredded the ‘‘(ii) AFFECTED HOUSEHOLD.— the disaster areas, and those who have very fabric of everyday life. As my col- ‘‘(I) IN GENERAL.—The term ‘affected leagues from Louisiana, Mississippi, relocated from the disaster area to household’ means a household— and Alabama have already described, other parts of the country. ‘‘(aa) in an affected area; the needs are immeasurable. For many This bill provides additional funds to ‘‘(bb) in which a member worked imme- people, it will be years before their allow for unanticipated caseload in- diately prior to August 29, 2005, in an af- lives return to normal. And untold oth- creases in the Special Supplemental fected area; ers have paid with their lives. We hold Nutrition Program for Women, Infants, ‘‘(cc) that was displaced as a result of Hur- the citizens of Louisiana, Mississippi, and Children. ricane Katrina or a related condition to other areas of the same or another State; or and Alabama in our thoughts and in It also gives the Department of Agri- culture additional funds to purchase ‘‘(dd) that the Secretary determines should our prayers. receive relief under this paragraph as a re- This storm calls on each of us to re- bulk commodities and to provide emer- sult of Hurricane Katrina or a related condi- spond in the best way that we can. And gency food through food banks and tion. people around the United States are local food pantries. ‘‘(II) INCLUSION.—The term ‘affected house- opening their homes and their hearts The legislation especially strength- hold’ includes a household containing 1 or to the victims of Hurricane Katrina. ens the ability of the Food Stamp Pro- more individuals that were displaced as a re- Among the most immediate and gram to respond to this tremendous sult of Hurricane Katrina or a related condi- pressing needs of many who have been disaster by increasing benefit amounts, tion, as determined by the Secretary. hit by hurricane Katrina is a funda- expanding eligibility, and streamlining ‘‘(iii) DISASTER RECOVERY PERIOD.— mental one—food. Displaced individ- ‘‘(I) IN GENERAL.—The term ‘disaster recov- the application process and the delivery period’ means the period of 180 days be- uals with no ready source of income ery of benefits. It also provides addi- ginning on the date of enactment of this must, among all of their daily worries, tional Federal funds to State food paragraph. still struggle with the basic task of stamp agencies that are likely to be ‘‘(II) EXTENSION.—The disaster recovery pe- feeding their families. This situation is overwhelmed by the workload associ- riod shall be extended for another 180 days exacerbated by the simple fact that re- ated with helping all those who seek unless the President determines that the ex- tail food outlets have ceased to operate aid. tension is not necessary to fully meet the throughout the Gulf Coast. The De- I ask that my colleagues on both needs of affected households. partment of Agriculture has estimated sides of the aisle join with Senator ‘‘(B) DISASTER RECOVERY PERIOD.—During the disaster recovery period— that food stamp program caseloads LEAHY and me in continuing to shape ‘‘(i) clauses (iv) and (v) of subsection alone are likely to increase by 1.4 mil- an appropriate response to the food (g)(2)(B), subsections (d) and (o) of section 6, lion people because of Katrina. Fur- needs of the victims of Hurricane and section 8(c)(1) shall not apply to affected thermore, the Department says that Katrina. The legislation that we are in- households; this is a ‘‘very conservative’’ estimate troducing today is a good faith effort ‘‘(ii) the application of an affected house- and that the real need may be consider- and is, I believe, a generous and appro- hold shall be processed under the procedures ably greater than this. priate starting point. But I have no established under section 11(e)(9); In Louisiana alone, over 400,000 peo- doubt that it may be improved. I wel- ‘‘(iii) the State agency shall increase the value to the affected household of the thrifty ple are already receiving food stamps come the advice and suggestions of my food plan determined under section 3(o) by 10 through the Emergency Food Stamp colleagues on both sides of the aisle percent when calculating the value of the al- Program. In Texas, over 100,000 people and look forward to doing all that we lotment for an affected household under sec- have received emergency food stamps. can with all necessary haste to bring tion 8(a); These numbers are rising rapidly with relief to the victims of Hurricane ‘‘(iv) the Secretary shall pay each State every passing day and are certain to Katrina. agency an amount equal to 100 percent of ad- continue to do so. I ask unanimous consent that the ministrative costs allowable under section No American should live in the shad- text of the bill be printed in the 16(a) related to serving affected households ow of hunger and food insecurity, least in lieu of the payments section 16(a) would RECORD. otherwise require for those costs; of all those displaced and devastated by There being no objection, the bill was ‘‘(v) an affected household shall be consid- natural disasters. Fortunately, the ordered to be printed in the RECORD, as ered to meet the requirements of subsection Federal Government has long provided follows: (c)(2) if the income of the affected household, food assistance to help individuals and S. 1643 as calculated under subsection (c)(2), does not exceed the level permitted under sub- families in need. The Department of Be it enacted by the Senate and House of Rep- section (c)(1) by more than 50 percent; Agriculture is already working hard to resentatives of the United States of America in ‘‘(vi) any resource to which the household get commodities and emergency food Congress assembled, stamps to the victims of Hurricane lost access because of Hurricane Katrina or a SECTION 1. SHORT TITLE. related condition shall not be considered a Katrina. And while there has been This Act may be cited as the ‘‘Hurricane financial resource under subsection (g); much criticism of the disaster efforts Katrina Food Assistance Relief Act of 2005’’. ‘‘(vii) any funds designated for rebuilding generally, I have yet to hear of com- SEC. 2. DEFINITION OF SECRETARY. or relocation (including payments from Fed- plaints about the response from the De- In this Act, the term ‘‘Secretary’’ means eral, State, or local governments, charitable partment of Agriculture. Even so, we the Secretary of Agriculture. organizations, employers, or insurance com- can and must do more. SEC. 3. FOOD STAMP PROGRAM DISASTER AU- panies) shall be excluded from consideration That is why today, with my col- THORITY. under subsection (g) in determining the eli- league Senator LEAHY, I am intro- (a) IN GENERAL.—Section 5(h) of the Food gibility of an affected household; and ducing the Hurricane Katrina Food As- Stamp Act of 1977 (7 U.S.C. 2014(h)) is amend- ‘‘(viii) an affected household may not be ed by adding at the end the following: considered to customarily purchase food and sistance Relief Act of 2005. I am hopeful ‘‘(4) RESPONSE TO HURRICANE KATRINA.— prepare meals together with other individ- that my colleagues will join us in ‘‘(A) DEFINITIONS.—In this paragraph: uals if the affected household did not cus- working to pass this legislation expedi- ‘‘(i) AFFECTED AREA.— tomarily purchase food and prepare meals tiously to enhance our Federal re- ‘‘(I) IN GENERAL.—The term ‘affected area’ for home consumption with those individuals sponse to the needs of hungry Ameri- means an area of a State that the Secretary immediately prior to August 29, 2005. cans devastated by Hurricane Katrina. determines was affected by Hurricane ‘‘(C) DUPLICATE PARTICIPATION.— This proposal would provide USDA Katrina or a related condition. ‘‘(i) IN GENERAL.—The Secretary shall take with additional funding and authorities ‘‘(II) INCLUSION.—The term ‘affected area’ such actions as are prudent and reasonable to provide a strong and continuous re- includes any area that, as a result of Hurri- under the circumstances to identify affected cane Katrina or a related condition, was cov- households that are participating in more sponse to the food needs of thousands ered by— than 1 State and to terminate the duplicate of families adversely affected by Hurri- ‘‘(aa) a natural disaster declaration under participation of those households. cane Katrina. The legislation builds section 321(a) of the Consolidated Farm and ‘‘(ii) NO ACTION TAKEN.—Except in the case upon the capacities of several Federal Rural Development Act (7 U.S.C. 1961(a)); or of deliberate falsehoods, no action may be

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9848 CONGRESSIONAL RECORD — SENATE September 8, 2005

taken against any affected household relat- (3) RECEIPT AND ACCEPTANCE.—The Sec- sultation with the Secretary of Homeland ing to any duplicate participation during the retary shall be entitled to receive, shall ac- Security, shall submit to the Committee on disaster recovery period that takes place cept, and shall use to carry out this section Agriculture of the House of Representatives prior to termination under clause (i). the funds transferred under paragraph (1), and the Committee on Agriculture, Nutri- ‘‘(D) CLAIMS RELATING TO BENEFITS.—Ex- without further appropriation. tion, and Forestry of the Senate a report cept in the case of intentional program vio- (c) SECTION 32 FUNDING.—In addition to that— lations as determined under section 6(b), no funds otherwise made available under sec- (1) describes whether additional funding or claim may be established under section 13(b) tion 32 of the Act of August 24, 1935 (7 U.S.C. authority is needed to continue to address relating to benefits issued under this sub- 612c), the Secretary shall use not less than the food needs of eligible recipients; and section. $200,000,000 of funds made available under (2) includes any determination by the ‘‘(E) PAYMENT ERROR RATE.—For purposes that section to provide food assistance to eli- President under section 5(h)(4)(A)(iii)(II) of of determining the payment error rate of a gible recipients, including food described in the Food Stamp Act of 1977 (as added by sec- State agency under section 16(c), the Sec- subparagraphs (A) through (D) of subsection tion 3(a)) that an extension of the disaster retary shall disregard any errors resulting (b)(1). recovery period is not necessary to fully from the application of this paragraph to an SEC. 5. WIC FUNDING. meet the needs of affected households. affected household during the disaster recov- (a) IN GENERAL.—Out of any funds in the SEC. 8. REGULATIONS. ery period. Treasury not otherwise appropriated, in ad- (a) IN GENERAL.—The Secretary may pro- ‘‘(F) EFFECT OF MORE GENEROUS DISASTER dition to other funds otherwise made avail- mulgate such regulations as are necessary to PLANS.—This paragraph shall not supersede able to the Secretary for fiscal year 2005 or implement this Act. any provision of a plan approved under para- 2006 to carry out the special supplemental (b) PROCEDURE.—The promulgation of the graph (1) that— nutrition program for women, infants, and regulations and administration of this Act ‘‘(i) provides more complete or expeditious children established by section 17 of the shall be made without regard to— relief to affected households; or Child Nutrition Act of 1966 (42 U.S.C. 1786), (1) the notice and comment provisions of the Secretary of the Treasury shall transfer ‘‘(ii) provides assistance to more individ- section 553 of title 5, United States Code; to the Secretary of Agriculture to carry out uals.’’. (2) the Statement of Policy of the Sec- that program $200,000,000, to remain avail- (b) PROGRAM INFORMATION ACTIVITIES.— retary of Agriculture effective July 24, 1971 able until September 30, 2007. (36 Fed. Reg. 13804), relating to notices of (1) IN GENERAL.—From funds otherwise ap- (b) RECEIPT AND ACCEPTANCE.—The Sec- proposed rulemaking and public participa- propriated for the food stamp program estab- retary shall be entitled to receive, shall action in rulemaking; and lished under the Food Stamp Act of 1977 (7 cept, and shall use to carry out this section (3) chapter 35 of title 44, United States U.S.C. 2011 et seq.), the Secretary may use the funds transferred under subsection (a), not more than $5,000,000 for the period of fis- without further appropriation. Code (commonly known as the ‘‘Paperwork cal year 2005 through 2006 to enter into con- (c) EMERGENCY DESIGNATION.—The Reduction Act’’). tracts with nonprofit organizations to sup- amounts made available by the transfer of (c) CONGRESSIONAL REVIEW OF AGENCY port household and community efforts to ad- funds in or pursuant to subsection (a) are RULEMAKING.—In carrying out this section, dress the food assistance and related needs designated as an emergency requirement the Secretary shall use the authority pro- resulting from Hurricane Katrina or a re- pursuant to section 402 of H. Con. Res. 95 vided under section 808 of title 5, United lated condition. (109th Congress). States Code. (2) EXPEDITING PROVISIONS.—Notwith- (d) ALLOCATION OF FUNDS.—Notwith- standing any other provision of law, the Sec- standing section 17(i) of the Child Nutrition By Mrs. BOXER: retary shall not be required— Act of 1966 (42 U.S.C. 1786(i)), the Secretary S. 1644. A bill to promote the employ- (A) to provide public notice of the avail- may allocate funds made available under ment of workers displaced by Hurri- ability of funds described in paragraph (1); or subsection (a) as the Secretary determines to cane Katrina in connection with Hurri- (B) to accept competitive bids for con- be necessary to provide assistance to women, cane Katrina reconstruction efforts; to tracts under this subsection. infants, and children who, as determined by the Committee on Homeland Security SEC. 4. EMERGENCY FOOD ASSISTANCE PRO- the Secretary in consultation with the Sec- and Governmental Affairs. GRAM AND SECTION 32 ASSISTANCE. retary of Homeland Security— Mrs. BOXER. Mr. President, we have (1) are victims of Hurricane Katrina or a (a) DEFINITION OF ELIGIBLE RECIPIENT.—In all watched in horror as the Gulf Coast related condition; or this section, the term ‘‘eligible recipient’’ has been struck by what could be the means an individual or household that, as (2) have been displaced by Hurricane Katrina or a related condition. worst natural disaster in U.S. history, determined by the Secretary in consultation leaving unimaginable suffering in its with the Secretary of Homeland Security— SEC. 6. COMMODITY SUPPLEMENTAL FOOD PRO- (1) is a victim of Hurricane Katrina or a re- GRAM FUNDING. wake. It is difficult to put into words lated condition; (a) IN GENERAL.—Out of any funds in the how heartbroken we are for the Ameri- (2) has been displaced by Hurricane Treasury not otherwise appropriated, in ad- cans affected by Hurricane Katrina. Katrina or a related condition; or dition to other funds otherwise made avail- Brave souls everywhere are still able to the Secretary for fiscal year 2005 or (3) is temporarily housing 1 or more indi- searching for some family members, 2006 to carry out the commodity supple- viduals displaced by Hurricane Katrina or a while trying to keep others alive and mental food program established under sec- related condition. tion 5 of the Agriculture and Consumer Pro- hopeful. We have seen the inspiring (b) ASSISTANCE.— tection Act of 1973 (7 U.S.C. 612c note; Public courage of the survivors and dedicated (1) IN GENERAL.—In addition to funds other- Law 93–86), the Secretary of the Treasury men and women working around the wise made available for fiscal year 2005 or shall transfer to the Secretary of Agri- clock to help them. 2006 to carry out the emergency food assist- culture $20,000,000 to carry out that program. Thousands of people have lost their ance program established under the Emer- (b) RECEIPT AND ACCEPTANCE.—The Sec- gency Food Assistance Act of 1983 (7 U.S.C. lives. Far more have lost life as they retary shall be entitled to receive, shall ac- know it—their families, their homes, 7501 et seq.), out of any funds in the Treasury cept, and shall use to carry out this section not otherwise appropriated, the Secretary of the funds transferred under subsection (a), their communities, and their jobs. the Treasury shall transfer to the Secretary without further appropriation. There has already been an increase in of Agriculture $200,000,000 to remain avail- (c) EMERGENCY DESIGNATION.—The people filing for unemployment bene- able until expended to provide a variety of amounts made available by the transfer of fits due to Hurricane Katrina. And, the food to eligible recipient agencies for pro- funds in or pursuant to subsection (a) are jobs that have been lost will be gone viding food assistance to eligible recipients, designated as an emergency requirement for a long time. including— pursuant to section 402 of H. Con. Res. 95 To help people who have lost their (A) special supplemental foods for preg- (109th Congress). jobs because of this crisis, I am intro- nant women and infants or for other individ- (d) ALLOCATION OF FUNDS.—The Secretary uals with special needs; shall use funds made available under sub- ducing the ‘‘Hurricane Katrina Recon- (B) infant formula; section (a) as the Secretary determines to be struction and Displaced Worker Assist- (C) bottled water; and necessary to provide assistance to individ- ance Act of 2005.’’ (D) fruit juices. uals who, as determined by the Secretary in This legislation would give priority (2) USE OF FUNDS.—Funds made available consultation with the Secretary of Homeland in awarding Federal contracts for the under paragraph (1) may be used to provide Security— rebuilding efforts to those companies commodities in accordance with— (1) are victims of Hurricane Katrina or a where workers displaced by Hurricane (A) section 27 of the Food Stamp Act of related condition; or Katrina comprise at least 25 percent of 1977 (7 U.S.C. 2036); (2) have been displaced by Hurricane (B) section 203A of the Emergency Food Katrina or a related condition. the workforce fulfilling the contract. Assistance Act of 1983 (7 U.S.C. 7504); and SEC. 7. REPORT. This will help provide jobs to those (C) section 204 of the Emergency Food As- Not later than 180 days after the date of who have been severely affected by the sistance Act of 1983 (7 U.S.C. 7508). enactment of this Act, the Secretary, in con- hurricane.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9849 We must show those who have suf- help local agencies purchase equipment erans by waiving copayments for care fered so much that their government for real-time interoperable commu- and medications. will help them rebuild their lives. I nication between first responders. VA’s mission is to take care of vet- urge my colleagues to support the bill. Guaranteeing that first responders erans and also to provide support to will have the communications equip- other Federal agencies during times of By Mrs. BOXER: ment necessary to respond to a future disaster. VA has upheld that mission S. 1645. A bill to establish a first re- attack is exactly the kind of preemp- by establishing a legacy of first rate sponder interoperable communications tive action we should have taken after health care for veterans and now grant program; to the Committee on 9/11 and should be taking now. through the response efforts to Hurri- Homeland Security and Governmental A report on the needs of first re- cane Katrina. We can do more for these Affairs. sponders by Warren Rudman and Rich- veterans by allowing VA to serve as a Mrs. BOXER. Mr. President, today I ard Clarke found that fixing this prob- beacon of hope in their time of recov- am reintroducing a bill to provide help lem would cost $6.8 billion. My bill does ery. to State and local first responders in not fund this all, but we need to do I would like to thank the countless purchasing interoperable communica- something. VA volunteers that have answered the tions systems—so that everyone can This bill is an important step in ful- call of duty to our Nation, just as our talk to one another during an emer- filling our federal responsibility to pro- veterans once did. These volunteers gency. tect our citizens during emergencies. I have left their duty stations to support This need has been glaringly appar- urge my colleagues to support it. efforts at the surrounding VA hospitals ent for over a decade now, but espe- that have taken on the evacuated pa- cially since the 2001 terrorist attacks. By Mr. AKAKA (for himself, Mr. tients, as well as manning the mobile It was all the more evident in the REID, and Mrs. MURRAY): clinics currently touring the affected aftermath of Hurricane Katrina. S. 1646. A bill to provide for the care areas to provide care. These men and The 9/11 Commission described the in- of veterans affected by Hurricane women are true heroes. ability to communicate as ‘‘a critical Katrina; to the Committee on Vet- I ask unanimous consent that the element’’ at the World Trade Center erans’ Affairs. text of the bill be printed in the Mr. AKAKA. Mr. President, I rise and at the crash sites, where multiple RECORD. agencies and multiple jurisdictions re- today to introduce legislation that There being no objection, the bill was would provide continuous care to those sponded in September 2001. And yet ordered to be printed in the RECORD, as four years after that attack, our first veterans that have been affected by follows: responders still cannot talk to each Hurricane Katrina, one of the worst S. 1646 other. natural disasters that our country has Let me mention just one example ever experienced. The Department of Be it enacted by the Senate and House of Rep- resentatives of the United States of America in from the areas affected by Hurricane Veterans Affairs, VA has played an in- Congress assembled, Katrina. tegral role in the disaster relief efforts SECTION 1. HEALTH CARE AND SERVICES FOR National Guard members have com- of Hurricane Katrina, beginning with VETERANS AFFECTED BY HURRI- pared communications capabilities in the successful evacuation of patients, CANE KATRINA. New Orleans unfavorably with those in staff and family members, and now in (a) REQUIREMENT FOR HOSPITAL CARE AND Iraq. Ground commanders for New Or- the recovery stage of the aftermath. MEDICAL SERVICES FOR PRIORITY 8 VETERANS leans have been functioning without Earlier today, I attended a briefing AFFECTED BY HURRICANE KATRINA.— the ability to track the location of given by VA Secretary Nicholson and (1) REQUIREMENT.—The Secretary of Vet- erans Affairs shall furnish hospital care and some units reporting to them. This is other VA officials on VA’s response to medical services which the Secretary deter- unacceptable. the hurricane. VA truly stepped up in mines to be needed to each priority 8 veteran Almost every community I visit in the midst of this crisis, and success- affected by Hurricane Katrina as if such vet- California—from big to small—men- fully evacuated all of their patients eran were a veteran described by section tions the need for interoperable com- and staff without any loss of life. I 1710(a)(2) of title 38, United States Code. munications for first responders and commend VA for their coordination (2) ENHANCED ENROLLMENT PRIORITY.—For the need for assistance from the federal and execution of their relief effort. The purposes of furnishing hospital care and government. California suffered from a Department should serve as a model for medical services under paragraph (1), the Secretary shall deem each priority 8 veteran lack of interoperable communications other government agencies in dealing affected by Hurricane Katrina, upon the date in the fall of 2003, when communities with disasters. of presentation of such veteran to the De- could not communicate with each There is one area, however, where I partment of Veterans Affairs for such care other to convey what was happening believe even more can be done to help and services, to have enrolled in the system with fires that were sweeping through veterans in Louisiana and Mississippi of annual patient enrollment of the Depart- the State, greatly complicating the re- who have been affected by this tragedy. ment under section 1705(a) of title 38, United sponse. The legislation I’m introducing will ex- States Code, on the first day of the current We need to provide funding so that tend a humanitarian hand to those year of such system in which such date falls. (b) PROHIBITION ON COLLECTION OF COPAY- State and local first responders can middle-income veterans in the region MENTS FOR VETERANS AFFECTED BY HURRI- purchase the technology that makes who do not have access to VA health CANE KATRINA.—In furnishing hospital care interoperability possible. We need to care because of a decision made by this and medical services to any veteran affected do our job at the national level and administration in 2003. The bill extends by Hurricane Katrina, the Secretary shall provide our first responders with the hospital care and medical services to not collect from or with respect to such vet- resources to protect our communities the Priority 8 veterans affected by Hur- eran any payment for such care and services in the case of a terrorist attack, nat- ricane Katrina, who have previously otherwise required under any provision of ural disaster, or other emergency. been denied access to the system. law, including any copayment for medica- I have tried to get funds for inter- Veterans residing in areas of New Or- tions otherwise required under section 1722A of title 38, United States Code. operable communication systems as leans, LA; Biloxi, MS, or Gulfport, MS, (c) DEFINITIONS.—In this section: part of the Intelligence Bill, the Rail during the hurricane—who have most (1) The term ‘‘veteran affected by Hurri- Security Bill, and the Homeland Secu- likely lost everything in this disaster— cane Katrina’’ means any veteran who, as of rity Appropriations Bill. The time to will be able to find solace in knowing August 29, 2005, resided in the catchment react is past. We need to get this done be- that VA will continue to be there for gion of the Department of Veterans Affairs fore the next disaster strikes, which is them even after the media attention medical center in New Orleans, Louisiana, why I am reintroducing this bill. fades. It would simply be wrong to ex- Biloxi, Mississippi, or Gulfport, Mississippi. My bill would authorize $300 million clude these men and women who have (2) The term ‘‘priority 8 veteran affected by Hurricane Katrina’’ means any veteran for each of the next 5 years to help served our country from VA services, affected by Hurricane Katrina who, as of Au- State and local agencies improve exist- especially now in their time of need. gust 29, 2005, would have been treated as a ing communications systems or pur- This bill also serves to relieve some of veteran covered by paragraph (8) of section chase new systems. This funding would the financial burden placed on the vet- 1705(a) of title 38, United States Code, for

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9850 CONGRESSIONAL RECORD — SENATE September 8, 2005

purposes of enrollment in the system of an- more than 11⁄2 times the pace of unaf- it not for the hurricane. These people nual patient enrollment of the Department fected States and remained stuck at have been deprived of that right, which of Veterans Affairs under such section. that rate even three years later. Given Congress provided in the new law itself, by a natural disaster. Given all they By Mr. FEINGOLD (for himself, the enormous impact of this storm, we can expect a similar if not greater, in- are now going through, we should give Ms. LANDRIEU, Mr. LEAHY, Mr. crease in filings. And this new influx of them adequate time to take care of DURBIN, Mr. LIEBERMAN, Mr. filings will occur just as the new law is their most immediate needs before BAYH, Mrs. CLINTON, Ms. CANT- going into effect. Katrina victims will closing the door on their ability to file WELL, Mr. AKAKA, Mr. OBAMA, in essence be guinea pigs, testing the for bankruptcy under the old law. A Mr. KENNEDY, Mr. HARKIN, Mrs. new provisions with the most desperate one year grace period should be suffi- BOXER, Mr. SALAZAR, Mr. of circumstances. cient, and seems fair. CORZINE, and Mrs. FEINSTEIN): Professor Lawless’s study indicates S. 1647. A bill to amend title 11, The new bankruptcy law makes it significantly more difficult and com- that the financial effects of a disaster United States Code, to provide relief to like Katrina last for more than a year. victims of Hurricane Katrina and other plicated to file for bankruptcy. No one disputes that. It was intended to weed And of course, there will be future dis- natural disasters; to the Committee on asters, perhaps some as grave as this the Judiciary. out abusers of the system. It contains new documentation requirements and one. I believe we need to take a close Mr. FEINGOLD. Mr. President, in the look at the new bankruptcy law and wake of Hurricane Katrina, the Senate the so-called ‘‘means test’’ which is a fairly rigid formula designed to iden- make sure that disaster victims are is faced with a daunting but absolutely treated fairly. There is simply no jus- crucial task. How can Congress best re- tify debtors who really can continue to pay their debts and shouldn’t get a dis- tification for applying provisions de- spond to the horrific damage caused by signed to stop abuse of the system to this disaster? I want to express my full charge. Everyone in the Senate knows that I people who have been through this support to the people from all of the af- kind of disaster. Therefore, the bill fected regions in Louisiana, Mis- strongly opposed the BAPCPA and tried very hard to amend it to make it makes a number of other amendments sissippi, and Alabama and their con- to the new law that will apply not only gressional delegations. In this time of less onerous for good faith debtors. But my goal now is not to try to undermine to Katrina victims who file for bank- desperate need, we all must pull to- ruptcy after the one year grace period gether and do everything we can to or reopen the new law, but simply to make sure that it doesn’t compound is over but to victims of other natural help. disasters. Let me describe some of We can see the devastating effects of the hardship faced by victims of Hurri- cane Katrina and other natural disas- those provisions. the hurricane and flooding on our tele- First, the bill builds on an exemption ters. That is what the bill I will intro- vision screens every night. It will take to the means test that applies to dis- duce today, the Hurricane Katrina years to rebuild the affected areas. In abled veterans and simply adds victims Bankruptcy Relief and Community the meantime, the residents and small of natural disasters to that exemption. businesses in those areas have suffered Protection Act of 2005, aims to do. No person driven to bankruptcy by a This bill first deals directly with the catastrophic losses. Some will un- natural disaster should have a case dis- fact that the new law is scheduled to doubtedly, through no fault of their missed or converted to a Chapter 13 fil- take effect only a month and a half own, have to file for bankruptcy some- ing under the means test. time in the future. The bankruptcy from now, when the victims of Katrina The bill also exempts from the defini- system is an important safety net for will still be in the initial stages of put- tion of income any payments from people who suffer this kind of devastating their lives back together. I believe FEMA, the Red Cross, or other disaster tion. In this country, we do not sen- the best way to handle this extraor- relief funds. Whatever money people tence people who have been through a dinary situation is to give Katrina vic- receive to help them survive the after- disaster of this type to a lifetime of fi- tims a grace period during which the math of a disaster should not be in- nancial servitude. Bankruptcy lets old bankruptcy law, which has essen- cluded in the calculation of how much them get a fresh start. And a fresh tially been in effect for 27 years, will they have available to satisfy their start is what so many of the relief ef- still apply to their cases. The bill pro- creditors. Generous citizens around the forts going on are all about. vides that cases filed within one year country are making contributions to As my colleagues are aware, Congress of the effective date of the new law by make sure disaster victims are fed and earlier this year enacted major changes people who lived in the natural disaster clothed and their homes rebuilt, not to to the Bankruptcy Code. The Bank- area declared by the President will be give more money to the credit card ruptcy Abuse Prevention and Con- handled under the law in effect on Au- companies. sumer Protection Act (‘‘BAPCPA’’) was gust 29, 2005, the date of the hurricane. The bill contains a provision to make the first major overhaul of the bank- This provision will mean that all the clear that expenses incurred as a result ruptcy system in more than 25 years. complicated work to apply and inter- of a disaster are considered reasonable Most provisions of the new law will be- pret the new law that will take place in expenses for purposes of the means come effective on October 17, 2005, six the first year after it becomes effective test. The rigid IRS standards obviously months after enactment. Any bank- will not affect the cases of the victims don’t include money to replace things ruptcy case filed before that date is of Hurricane Katrina. that were lost in a hurricane, or pay still subject to current law. I understand that some may argue for a hotel stay while a home is rebuilt. We do not yet know how many fami- that the new law contains adequate Another provision of the new law lies affected by this disaster will end safeguards and judicial discretion to that seems unfair to apply to victims up filing for bankruptcy. A study just deal with the concerns I have raised. of natural disasters requires that debt- released a few days ago by Professor But we can’t know that for sure at this ors seek credit counseling before they Bob Lawless, a law professor at the point. At the very least, there will be file for bankruptcy. The new law al- University of Nevada, indicates that litigation and disagreement over how ready includes a provision to exempt bankruptcy filings increase signifi- some provisions will be interpreted. debtors who are on active duty mili- cantly in areas where natural disasters Those issues will be settled by the tary service overseas or who are incom- occur. Professor Lawless looked at 18 courts all across the country, and that petent or disabled if that status makes hurricanes and tropical storms since process will not be affected by this bill. them unable to complete the require- 1980 and the rate of bankruptcy filings But Katrina’s victims should not be ment. Victims of natural disasters de- in the States where the storms made the test cases. Giving them a year to serve a similar exemption. If they can’t landfall compared to the surrounding proceed under the old law seems en- complete credit counseling because States and the rest of the country. He tirely reasonable. they live in a shelter with no access to looked at the effects in the first, sec- Providing this added grace period the Internet or because they have no ond and third year after the event. also addresses the fact that some of the records for the credit counselor to According to this study, bankruptcy hurricane victims might have filed evaluate, they shouldn’t be prevented filings climbed in landfall States at their petitions before October 17 were from filing for bankruptcy.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9851 One of the most tragic effects of a changes to the law. I ask that the text debtor who is a victim of a natural disaster)’’ natural disaster is homelessness. Mil- of the bill be printed in the RECORD. after ‘‘debtor’’ the first place that term ap- lions of homes were destroyed by There being no objection, the bill was pears. Katrina. People who lived in these ordered to be printed in the RECORD, as SEC. 5. AMENDMENTS TO CHAPTER 5. homes will be in temporary shelters for follows: Section 521 of title 11, United States Code, is amended by adding at the end the fol- months, but may eventually find apart- S. 1647 lowing: ments to live in in a new location. If Be it enacted by the Senate and House of Rep- ‘‘(k) The Court may extend any time pe- they end up having to file for bank- resentatives of the United States of America in riod specified in this section as may be nec- ruptcy, that filing puts in place an Congress assembled, essary if— automatic stay of any legal pro- SECTION 1. SHORT TITLE. ‘‘(1) the debtor is a victim of a natural dis- ceedings against them, including evic- This Act may be cited as the ‘‘Hurricane aster; and tion proceedings for nonpayment of Katrina Bankruptcy Relief and Community ‘‘(2) the debtor’s status as a victim of a Protection Act of 2005’’. rent. The automatic stay allows debt- natural disaster necessitates such extension SEC. 2. BANKRUPTCY RELIEF FOR VICTIMS OF of time.’’. ors to get their affairs in order and HURRICANE KATRINA. SEC. 6. AMENDMENTS TO CHAPTER 7. catch up on their rent payments, but (a) IN GENERAL.—Notwithstanding any the new law makes it much easier for other provision of law, the provisions of title (a) DEBTOR’S MONTHLY EXPENSES.—Section landlords to have the stay lifted. The 11, United States Code, as in effect on Au- 707(b)(2)(A)(ii) of title 11, United States Code, gust 29, 2005, shall apply to any case de- is amended by adding at the end the fol- prospect of a natural disaster victim lowing: being put out on the street during a scribed in subsection (b). (b) ELIGIBILITY.—A case described in this ‘‘(IV) In addition, the debtor’s monthly ex- bankruptcy proceeding should be subsection is a case commenced during the penses may include the actual reasonably chilling to all Americans. This bill will 12-month period beginning on the effective necessary expenses incurred as a result of simply require landlords of natural dis- date of the Bankruptcy Abuse Prevention being a victim of a natural disaster.’’. aster victims to seek a lifting of the and Consumer Protection Act of 2005, under (b) LIMITATION ON CONVERSION OF CASE.— stay without the expedited procedures title 11, United States Code (other than Section 707(b)(2) of title 11, United States and special treatment that the new law under chapter 12 of that title 11), by or on be- Code, is amended by adding at the end the provides. half of a debtor— following: Another provision of the bill gives (1) who resides, or who resided on August ‘‘(E) Subparagraphs (A), (B), and (C) shall 29, 2005, in any area that is subject to a dec- not apply, and the court may not dismiss or some extra relief to natural disaster laration by the President of a major disaster, convert a case under this subsection, if the victims from the fairly rigid deadlines as defined under section 102 of the Robert T. debtor is a victim of a natural disaster.’’. that are established for filing certain Stafford Disaster Relief and Emergency As- SEC. 7. AMENDMENTS TO CHAPTER 11. paperwork in connection with a bank- sistance Act (42 U.S.C. 5122) in connection (a) CONVERSION OF CASE.—Section 1112(b) of ruptcy filing. This is a very reasonable with Hurricane Katrina; and title 11, United States Code, is amended— step that simply recognizes that ob- (2) whose financial condition is materially (1) in paragraph (2)(B)(i), by inserting ‘‘, in- taining or filing the necessary tax re- adversely affected by the major disaster. cluding a natural disaster’’ before the semi- turns, identity documents, documenta- SEC. 3. DEFINITIONS; WHO MAY BE A DEBTOR. colon; and tion of income and other items may be (a) CURRENT MONTHLY INCOME.—Section (2) in paragraph (3), by inserting ‘‘(includ- 101(10A)(B) of title 11, United States Code, is significantly more difficult, or even ing a natural disaster)’’ after ‘‘cir- amended— cumstances’’. impossible for a period of time, for nat- (1) by striking ‘‘and payments’’ and insert- (b) WHO MAY FILE A PLAN.—Section ural disaster victims than it is for ing ‘‘payments’’; and 1121(e)(3) of title 11, United States Code, is other debtors. (2) by inserting before the period at the end amended— Finally, the bill also provides relief ‘‘, and payments to victims of a natural dis- (1) in subparagraph (A), by inserting ‘‘(i)’’ for small businesses that are put in aster, on account of their status as victims after ‘‘(A)’’; dire financial condition by a natural of a natural disaster’’. (2) in subparagraph (C), by striking the pe- disaster. The new law includes some (b) NATURAL DISASTER; NATURAL DISASTER riod at the end and inserting ‘‘; or’’; ZONE.—Section 101 of title 11, United States very tight and unmovable deadlines for (3) by redesignating subparagraphs (B) and Code, is amended— (C) as clauses (ii) and (iii), respectively; and small businesses seeking to reorganize (1) by redesignating paragraphs (40A) and under Chapter 11. If we want to help as (4) by adding at the end the following: (40B) as paragraphs (40C) and (40D), respec- ‘‘(B) the debtor is unable to meet the dead- tively; and many businesses hit by disasters to line because of a natural disaster.’’. (2) by inserting after paragraph (40) the fol- survive as possible, we need to give the (c) EXTENSION OF TIME FOR SMALL BUSI- lowing: courts flexibility to extend those dead- NESSES.—Chapter 11 of title 11, United States lines. ‘‘(40A) The term ‘natural disaster’ means— Code, is amended— ‘‘(A) a major disaster, as defined in section I know that many people in this body (1) in the table of sections, by adding at 102 of the Robert T. Stafford Disaster Relief the end the following: worked very hard over a period of and Emergency Assistance Act (42 U.S.C. many years to pass the BAPCPA. As 5122); or ‘‘§1117 Extension of time for small busi- much as we disagreed about the merits ‘‘(B) a situation similar to such a major nesses’’; and of that bill, I respect their hard work. disaster (as so defined), with respect to (2) in subchapter I, by adding at the end But I truly hope that my colleagues which a determination is made in accordance the following: will not let pride of authorship or the with State law that such situation exists. ‘‘§ 1117. Extension of time for small busi- fact that they supported that bill stand ‘‘(40B) The term ‘natural disaster zone’ nesses means the geographical area included in the in the way of providing desperately ‘‘Notwithstanding any other provision of determination of a natural disaster.’’. this title, in a small business case, the court needed help to the victims of Hurricane (c) VICTIM OF NATURAL DISASTER.—Section Katrina and other natural disasters. 101 of title 11, United States Code, is amend- may extend any deadline specified in this The changes in this bill are modest and ed by adding at the end the following: chapter if the court finds that such exten- will apply to a relatively small number ‘‘(56) The term ‘victim of a natural dis- sion is— ‘‘(1) necessary to protect the best interests of people. I suppose some may argue aster’ means a person— ‘‘(A) whose financial condition is materi- of the creditors and the estate; or that they are not absolutely necessary, ‘‘(2) warranted by a natural disaster.’’. but I believe, at the least, that a very ally adversely affected by a natural disaster; and SEC. 8. AMENDMENTS TO CHAPTER 13. good argument can be made that they ‘‘(B) whose domicile, residence, or prin- (a) CONVERSION OR DISMISSAL.—Section are. Shouldn’t we err on the side of cipal place of business in the United States, 1307(e) of title 11, United States Code, is helping people whose lives have been or whose principal assets in the United amended by adding at the end the following: ripped apart? Shouldn’t we take every States, were located in a natural disaster ‘‘The Court may extend any time period precaution to make sure that the hor- zone immediately preceding the event that specified in this subsection as may be nec- ror of a natural disaster is not com- caused the natural disaster.’’. essary if— pounded by a bankruptcy law that is (d) WHO MAY BEADEBTOR.—Section ‘‘(1) the debtor is a victim of a natural dis- 109(h)(4) of title 11, United States Code, is aster; and too rigid or too harsh? I believe that is amended by inserting ‘‘natural disaster,’’ ‘‘(2) the debtor’s status as a victim of a the least we can do in these cir- after ‘‘disability,’’. natural disaster necessitates such extension cumstances. SEC. 4. AMENDMENTS TO CHAPTER 3. of time.’’. I hope my colleagues will join me in Section 362(b)(22) of title 11, United States (b) FILING OF PREPETITION TAX RETURNS.— supporting these modest but important Code, is amended by inserting ‘‘(excluding a Section 1308 of title 11, United States Code,

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9852 CONGRESSIONAL RECORD — SENATE September 8, 2005

is amended by adding at the end the fol- SA 1660. Mrs. CLINTON (for herself, Ms. title I under the heading ‘‘OFFICE OF JUSTICE lowing: STABENOW, Mr. CORZINE, Mr. REED, Mr. SALA- PROGRAMS’’ and under the subheading ‘‘COM- ‘‘(d) The Court may extend any time period ZAR, Mr. LAUTENBERG, Mr. JEFFORDS, Mr. MUNITY ORIENTED POLICING SERVICES’’ is in- specified in this subsection as may be nec- SCHUMER, and Ms. MIKULSKI) submitted an creased by $72,000,000 and, of the total essary if— amendment intended to be proposed by her amount made available under such sub- ‘‘(1) the debtor is a victim of a natural dis- to the bill H.R. 2862, supra; which was or- heading, not less than $132,100,000 shall be aster; and dered to lie on the table. made available for the Methamphetamine ‘‘(2) the debtor’s status as a victim of a SA 1661. Mr. BIDEN (for himself, Mr. DUR- Hot Spots program. natural disaster necessitates such extension BIN, Mrs. CLINTON, Mr. KERRY, and Mr. REED) (d) Notwithstanding any other provisions of time.’’. proposed an amendment to the bill H.R. 2862, of this Act, the amount made appropriated SEC. 9. AMENDMENTS TO TITLE 28, UNITED supra. in title I under the heading ‘‘OFFICE OF JUS- STATES CODE. SA 1662. Mr. SARBANES proposed an TICE PROGRAMS’’ and under the subheading Section 1408 of title 28, United States Code, amendment to the bill H.R. 2862, supra. ‘‘STATE AND LOCAL LAW ENFORCEMENT ASSIST- is amended— SA 1663. Mr. LOTT submitted an amend- ANCE’’ is increased by $48,000,000 and, of the (1) by inserting ‘‘(a)’’ before ‘‘Except’’, and ment intended to be proposed by him to the total amount made available under such sub- (2) by adding at the end the following: bill H.R. 2862, supra; which was ordered to lie heading, not less than $578,000,000 shall be ‘‘(b) If a case under title 11 cannot be com- on the table. made available for the Justice Assistance menced in a district court described in sub- SA 1664. Mr. LOTT submitted an amend- Grants program. section (a) because a person is the victim of ment intended to be proposed by him to the a natural disaster (as defined in section 101 bill H.R. 2862, supra; which was ordered to lie SA 1649. Mr. SALAZAR submitted an of title 11), then a case under title 11 may be on the table. amendment intended to be proposed by commenced by such person in the district SA 1665. Mr. DORGAN (for himself, Mr. GRAHAM, and Ms. STABENOW) proposed an him to the bill H.R. 2862, making ap- court for the district in which such person propriations for Science, the Depart- resides.’’. amendment to the bill H.R. 2862, supra. SA 1666. Mr. NELSON, of Florida sub- ments of State, Justice, and Com- SEC. 10. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. mitted an amendment intended to be pro- merce, and related agencies for the fis- (a) EFFECTIVE DATE.—This Act and the posed by him to the bill H.R. 2862, supra; cal year ending September 30, 2006, and amendments made by this Act shall take ef- which was ordered to lie on the table. for other purposes; which was ordered SA 1667. Ms. CANTWELL submitted an fect on October 18, 2005. to lie on the table; as follows: (b) APPLICATION OF AMENDMENTS.—The amendment intended to be proposed by her to the bill H.R. 2862, supra; which was or- On page 142, after line 3, insert the fol- amendments made by this Act shall apply lowing: only with respect to cases commenced under dered to lie on the table. SA 1668. Mr. BINGAMAN submitted an SEC. ll. Within the funds provided for the title 11 of the United States Code on and amendment intended to be proposed by him Drug Enforcement Agency, the Attorney after October 17, 2005. to the bill H.R. 2862, supra; which was or- General shall establish a Methamphetamine f dered to lie on the table. Task Force within the Drug Enforcement AMENDMENTS SUBMITTED AND SA 1669. Mr. SUNUNU proposed an amend- Agency which shall be responsible for im- ment to the bill H.R. 2862, supra. proving and targeting the Federal Govern- PROPOSED SA 1670. Mr. DORGAN submitted an ment’s policies with respect to the produc- SA 1648. Mr. COBURN (for himself and Mr. amendment intended to be proposed by him tion and trafficking of methamphetamine: COLEMAN) submitted an amendment intended to the bill H.R. 2862, supra; which was or- Provided, That within 90 days of enactment to be proposed by him to the bill H.R. 2862, dered to lie on the table. of this Act, the Drug Enforcement Agency making appropriations for Science, the De- SA 1671. Mr. DEWINE (for himself, Mr. shall submit a plan that outlines the govern- partments of State, Justice, and Commerce, VOINOVICH, Mr. ALLEN, Mr. WARNER, and Mrs. ance structure and membership of the task and related agencies for the fiscal year end- MURRAY) submitted an amendment intended force: Provided further, That within 120 days ing September 30, 2006, and for other pur- to be proposed by him to the bill H.R. 2862 the Drug Enforcement Agency shall estab- poses; which was ordered to lie on the table. supra; which was ordered to lie on the table. lish the task force and submit to the Com- SA 1649. Mr. SALAZAR submitted an f mittee on Appropriations of the Senate and amendment intended to be proposed by him the Committee on Appropriations of the to the bill H.R. 2862, supra; which was or- TEXT OF AMENDMENTS House of Representatives the membership of dered to lie on the table. SA 1648. Mr. COBURN (for himself the task force and powers established for the SA 1650. Mr. VOINOVICH (for himself, Mr. and Mr. COLEMAN) submitted an task force. DEWINE, and Mr. LEVIN) submitted an amendment intended to be proposed by amendment intended to be proposed by him SA 1650. Mr. VOINOVICH (for him- him to the bill H.R. 2862, making ap- to the bill H.R. 2862, supra; which was or- self, Mr. DEWINE, and Mr. LEVIN) sub- propriations for Science, the Depart- dered to lie on the table. mitted an amendment intended to be SA 1651. Mr. COBURN submitted an amendments of State, Justice, and Com- proposed by him to the bill H.R. 2862, ment intended to be proposed by him to the merce, and related agencies for the fis- making appropriations for Science, the bill H.R. 2862, supra; which was ordered to lie cal year ending September 30, 2006, and Departments of State, Justice, and on the table. for other purposes; which was ordered SA 1652. Mrs. LINCOLN (for herself, Mr. Commerce, and related agencies for the to lie on the table; as follows: REID, Mr. BINGAMAN, Mr. LAUTENBERG, and fiscal year ending September 30, 2006, Mr. CORZINE) proposed an amendment to the On page 170, between lines 9 and 10, insert and for other purposes; which was or- the following: bill H.R. 2862, supra. dered to lie on the table; as follows: SA 1653. Mr. ENSIGN submitted an amend- SEC. 304.(a) Notwithstanding the provisions ment intended to be proposed by him to the in title III under the heading ‘‘NATIONAL IN- On page 170, between lines 9 and 10, insert bill H.R. 2862, supra; which was ordered to lie STITUTE OF STANDARDS AND TECHNOLOGY’’ the following: on the table. and under the subheading ‘‘INDUSTRIAL TECH- SEC. 304. Of the funds made available under SA 1654. Mr. DAYTON (for himself, Mr. NOLOGY SERVICES’’, none of the funds appro- this title for the National Oceanic and At- CHAMBLISS, Mr. OBAMA, Mr. KERRY, Mr. HAR- priated in this Act may be made available mospheric Administration, $5,000,000 shall be KIN, Mr. HAGEL, Mrs. CLINTON, Ms. CANT- for the Advanced Technology Program of the made available to the Inter-Agency Task WELL, Mr. SALAZAR, Mr. DURBIN, Mr. BAUCUS, National Institute of Standards and Tech- Force on Harmful Algal Blooms and Hypoxia Mr. BIDEN, and Mr. NELSON, of Nebraska) nology. for the development of the scientific assess- submitted an amendment intended to be pro- (b) Notwithstanding any other provision of ment of hypoxia in United States coastal posed by him to the bill H.R. 2862, supra. this Act, the amount made available in title waters, including the Great Lakes, required SA 1655. Mr. SHELBY proposed an amend- III under the heading ‘‘NATIONAL OCEANIC by section 603(g) of the Harmful Algal Bloom ment to the bill H.R. 2862, supra. AND ATMOSPHERIC ADMINISTRATION’’ and and Hypoxia Research and Control Act of SA 1656. Mr. SHELBY proposed an amend- under the subheading ‘‘OPERATIONS, RE- 1998 (16 U.S.C. 1451 note). ment to the bill H.R. 2862, supra. SEARCH, AND FACILITIES’’ for the National SA 1657. Mr. SHELBY proposed an amend- Weather Service is increased by $4,900,000 SA 1651. Mr. COBURN submitted an ment to the bill H.R. 2862, supra. and, of the total amount made available for amendment intended to be proposed by SA 1658. Mr. SHELBY (for Mr. DORGAN) such purpose under such subheading, him to the bill H.R. 2862, making ap- proposed an amendment to the bill H.R. 2862, $3,950,000 shall be made available for the propriations for Science, the Depart- supra. Coastal and Inland Hurricane Monitoring ments of State, Justice, and Com- SA 1659. Mr. HARKIN (for himself, Mr. and Prediction Program and $3,950,000 shall merce, and related agencies for the fis- SMITH, Mr. BINGAMAN, Mr. WYDEN, Mr. FEIN- be made available for the Hurricane and Tor- GOLD, Mr. KENNEDY, Mr. OBAMA, Mr. CORZINE, nado Broadcast Campaign. cal year ending September 30, 2006, and and Mr. DURBIN) proposed an amendment to (c) Notwithstanding any other provision of for other purposes; which was ordered the bill H.R. 2862, supra. this Act, the amount made appropriated in to lie on the table; as follows:

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9853

On page 170, between lines 9 and 10, insert the House of Representatives, and the Chairs (B) STREAMLINED ELIGIBILITY PROCE- the following: and Ranking Members of the Committee on DURES.—The State shall use the following SEC. 304. (a) Notwithstanding the provi- Finance of the Senate and the Committees streamlined procedures in processing appli- sions in title III under the heading ‘‘NA- on Energy and Commerce and Ways and cations and determining eligibility for med- TIONAL INSTITUTE OF STANDARDS AND TECH- Means of the House of Representatives at ical assistance for Katrina Survivors: NOLOGY’’ and under the subheading ‘‘INDUS- least 30 days prior to— (i) A common 1-page application form de- TRIAL TECHNOLOGY SERVICES’’, none of the (A) extending the application of such sec- veloped by the Secretary of Health and funds appropriated in this Act may be made tions; or Human Services in consultation with the Na- available for the Advanced Technology Pro- (B) if the President determines not to ex- tional Association of State Medicaid Direc- gram of the National Institute of Standards tend the application of such sections, Feb- tors. Such form shall include notice regard- and Technology. ruary 28, 2006. ing the penalties for making a fraudulent ap- (b) Notwithstanding any other provision of SEC. ll03. TEMPORARY MEDICAID COVERAGE plication under paragraph (4) and shall re- this Act, the amount made available in title FOR KATRINA SURVIVORS. quire the applicant to assign to the State III under the heading ‘‘NATIONAL OCEANIC (a) DEFINITIONS.—In this title: any rights of the applicant (or any other per- AND ATMOSPHERIC ADMINISTRATION’’ and (1) KATRINA SURVIVOR.— son who is a Katrina Survivor and on whose under the subheading ‘‘OPERATIONS, RE- (A) IN GENERAL.—The term ‘‘Katrina Sur- behalf the applicant has the legal authority SEARCH, AND FACILITIES’’ for the National vivor’’ means an individual who is described to execute an assignment of such rights) Weather Service is increased by $4,900,000. in subparagraph (B) or (C). under any group health plan or other third- (c) Notwithstanding any other provision of (B) RESIDENTS OF DISASTER LOCALITIES.— party coverage for health care. this Act, the amount made appropriated in (i) IN GENERAL.—An individual who, on any (ii) Self-attestation by the applicant that title I under the heading ‘‘OFFICE OF JUSTICE day during the week preceding the declara- the applicant is a Katrina Survivor. PROGRAMS’’ and under the subheading ‘‘COM- tion of a public health emergency on August (iii) No requirement for documentation ev- MUNITY ORIENTED POLICING SERVICES’’ is in- 29, 2005, had a residence in— idencing the basis on which the applicant creased by $72,000,000 and, of the total (I) a parish in the State of Louisiana that qualifies to be a Katrina Survivor. amount made available under such sub- is among the parishes that the Federal (iii) Issuance of a Medicaid eligibility card heading, not less than $132,100,000 shall be Emergency Management Agency of the to an applicant who completes such applica- made available for the Methamphetamine Emergency Preparedness and Response Di- tion, including the self-attestation required Hot Spots program. rectorate of the Department of Homeland Se- under clause (ii). Such card shall be valid (d) Notwithstanding any other provisions curity declared on September 4, 2005, to be during the disaster relief period. of this Act, the amount made appropriated Federal Disaster Parishes; or (iv) If an applicant completes the applica- in title I under the heading ‘‘OFFICE OF JUS- (II) a county in the State of Alabama or tion and presents it to a provider or facility TICE PROGRAMS’’ and under the subheading Mississippi that is among the counties such participating in the State medicaid plan ‘‘STATE AND LOCAL LAW ENFORCEMENT ASSIST- Agency declared Federal Disaster Counties that is qualified to make presumptive eligi- ANCE’’ is increased by $48,000,000 and, of the on September 4, 2005. bility determinations under such plan (which total amount made available under such sub- (ii) AUTHORITY TO RELY ON WEBSITE POSTED at a minimum shall consist of facilities iden- heading, not less than $578,000,000 shall be DESIGNATIONS.—The Secretary of Health and tified in section 1902(a)(55) of the Social Se- made available for the Justice Assistance Human Services shall post on the Internet curity Act (42 U.S.C. 1396a(a)(55)) and it ap- Grants program. website for the Centers for Medicare & Med- pears to the provider that the applicant is a icaid Services a list of parishes and counties Katrina Survivor based on the information SA 1652. Mrs. LINCOLN (for herself, identified as Federal Disaster Parishes or in the application, the applicant will be Mr. REID, Mr. BINGAMAN, Mr. LAUTEN- Counties. Any State which provides medical deemed to be a Katrina Survivor eligible for BERG, and Mr. CORZINE) proposed an assistance to Katrina Survivors on the basis medical assistance in accordance with this amendment to the bill H.R. 2862, mak- of such posting and in accordance with this section, subject to paragraph (3). title shall be held harmless if it is subse- (v) Continuous eligibility, without the ing appropriations for Science, the De- quently determined that the provision of need for any redetermination of eligibility, partments of State, Justice, and Com- such assistance was in error. for the duration of the disaster relief period. merce, and related agencies for the fis- (C) INDIVIDUALS WHO LOST EMPLOYMENT.— (C) DETERMINATION OF ELIGIBILITY FOR COV- cal year ending September 30, 2006, and An individual who, on any day during the ERAGE AFTER THE TERMINATION OF THE DIS- for other purposes; as follows: week preceding the declaration of a public ASTER RELIEF PERIOD.—In the case of a At the appropriate place, insert the fol- health emergency on August 29, 2005, had a Katrina Survivor who is receiving medical lowing: residence in a direct impact State and lost assistance from a State, prior to the termi- their employment since Hurricane Katrina. nation of the disaster relief period, the State TITLEllTEMPORARY MEDICAID (D) CONSTRUCTION.—A Katrina Survivor providing such assistance shall determine DISASTER RELIEF shall be treated as being ‘‘from’’ the State of whether the Katrina Survivor is eligible for SEC. ll01. SHORT TITLE OF TITLE; PURPOSE. residence described in subparagraph (B)(i) or continued medical assistance under the (a) SHORT TITLE OF TITLE.—This title may (C), as the case may be. State’s eligibility rules otherwise applicable be cited as the ‘‘Temporary Medicaid Dis- (E) TREATMENT OF CURRENT MEDICAID BENE- under the State medicaid plan. If a State de- aster Relief Act of 2005’’. FICIARIES.—Nothing in this title shall be con- termines that the individual is so eligible, (b) PURPOSE.—The purpose of this title is strued as preventing an individual who is the State shall provide the individual with to ensure all those affected by Hurricane otherwise entitled to medical assistance written notice of the determination and pro- Katrina have access to health coverage and under title XIX of the Social Security Act vide the individual with continued coverage medical care through the medicaid program from being treated as a Katrina Survivor for such medical assistance for so long as the and to authorize temporary changes in such under this title. individual remains eligible under such other- program to guarantee and expedite that cov- (F) TREATMENT OF HOMELESS PERSONS.—For wise applicable eligibility rules. If a State erage and access to care. purposes of this title, in the case of an indi- determines that the individual is not so eli- SEC. ll02. DISASTER RELIEF PERIOD. vidual who was homeless on any day during gible, the State shall provide the individual (a) IN GENERAL.—For purposes of this title, the week described in subparagraph (B)(i), with written notice of the determination, in- the term ‘‘disaster relief period’’ means the the individual’s ‘‘residence’’ shall be deemed cluding the reasons for such determination. period beginning on August 29, 2005, and, sub- to be the place of residence as otherwise de- (2) SCOPE OF COVERAGE SAME AS CATEGORI- ject to subsection (b), ending on February 28, termined for such an individual under title CALLY NEEDY.—The State shall treat Katrina 2006. XIX of the Social Security Act. Survivors as individuals eligible for medical (b) PRESIDENTIAL AUTHORITY TO EXTEND (2) DIRECT IMPACT STATE.—The term ‘‘di- assistance under the State plan under title DISASTER RELIEF PERIOD.— rect impact State’’ means the State of Lou- XIX of the Social Security Act on the basis (1) IN GENERAL.—The President shall ex- isiana, Alabama, and Mississippi. of section 1902(a)(10)(A)(i) of the Social Secu- tend the application of section ll03 and (b) RULES FOR PROVIDING TEMPORARY MED- rity Act (42 U.S.C. 1396a(a)(10)(A)(i)), with paragraphs (1) and (2) of section ll04(a) ICAL ASSISTANCE TO KATRINA SURVIVORS.— coverage for such assistance retroactive to until September 30, 2006, unless the Presi- During the disaster relief period, any State August 29, 2005. dent determines that all Katrina Survivors may provide medical assistance to Katrina (3) VERIFICATION OF STATUS AS A KATRINA would have sufficient access to health care Survivors under a State medicaid plan estab- SURVIVOR.— without such an extension. In the case of lished under title XIX of the Social Security (A) IN GENERAL.—The State shall make a such an extension, the reference to ‘‘Feb- Act in accordance with the following: good faith effort to verify the status of a ruary 28, 2006’’ in subsection (a) shall be con- (1) UNIFORM ELIGIBILITY RULES.— Katrina Survivor enrolled in the State Med- sidered to be a reference to ‘‘September 30, (A) NO INCOME, RESOURCES, RESIDENCY, OR icaid plan under the provisions of this sec- 2006’’. CATEGORICAL ELIGIBILITY REQUIREMENTS.— tion after the determination of the eligi- (2) NOTICE TO CONGRESS.—The President Such assistance shall be provided without bility of the Survivor for medical assistance shall notify the Majority and Minority Lead- application of any income or resources test, under such plan. ers of the Senate, the Speaker of the House State residency, or categorical eligibility re- (B) EVIDENCE OF VERIFICATION.—A State of Representatives, the Minority Leader of quirements. may satisfy the verification requirement

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9854 CONGRESSIONAL RECORD — SENATE September 8, 2005 under subparagraph (A) with respect to a sistance percentage determined for the State Mr. HARKIN, Mr. HAGEL, Mrs. CLINTON, Katrina Survivor by showing that the State for fiscal year 2005, the Federal medical as- Ms. CANTWELL, Mr. SALAZAR, Mr. DUR- providing medical assistance obtained infor- sistance percentage for the State for fiscal BIN, Mr. BAUCUS, Mr. BIDEN, and Mr. mation from the Social Security Adminis- year 2005 shall apply to the State for fiscal tration, the Internal Revenue Service, or the year 2006 only for purposes of title XIX of the NELSON of Nebraska) submitted an State Medicaid Agency for the direct impact Social Security Act. amendment intended to be proposed by State. (c) TEMPORARY SUSPENSION OF MEDICARE him to the bill H.R. 2862, making ap- (C) DISALLOWANCE OF PAYMENTS FOR FAIL- ‘‘CLAWBACK’’ AND POSTPONEMENT OF CUT-OFF propriations for Science, the Depart- URE TO MAKE GOOD FAITH EFFORT.—If, with re- OF MEDICAID PRESCRIPTION DRUG FUNDING IN ments of State, Justice, and Com- spect to the status of a Katrina Survivor en- AFFECTED STATES.— merce, and related agencies for the fis- rolled in a State Medicaid plan, the State (1) SUSPENSION IN APPLICATION OF cal year ending September 30, 2006, and ‘‘CLAWBACK’’.—Section 1935(c) of the Social fails to make the good faith effort required for other purposes; as follows: under subparagraph (A), and the Secretary Security Act (42 U.S.C. 1396u–5(c)) shall not determines that the individual so enrolled is apply, subject to paragraph (3), before Janu- On page 133, line 24, strike ‘‘$1,078,350,000’’ not a Katrina Survivor, the Secretary shall ary 2007 to a direct impact State or to a and insert ‘‘$1,353,350,000 of which in addition disallow all Federal payments made to the State that experiences a significant influx of to amounts provided by the following table State that are directly attributable to med- Katrina Survivors. $275,000,000 shall be available for Justice As- ical assistance provided or administrative (2) CONTINUATION OF MEDICAID DRUG COV- sistance Grants to be offset by reducing ap- costs incurred with respect to the individual ERAGE FOR DUAL ELIGIBLES.—Section propriations in this title by a total of during the disaster relief period. 1935(d)(1) of such Act shall also not apply, $275,000,000 to come from activities as fol- (4) PENALTY FOR FRAUDULENT APPLICA- subject to paragraph (3), before January 2007 lows: $43,000,000 from travel and transpor- TIONS.— to a part D eligible individual who is a tation of persons; $3,000,000 from transpor- (A) INDIVIDUAL LIABLE FOR COSTS.—If a Katrina Survivor. tation of things; $27,000,000 from communica- State, as the result of verification activities (3) TERMINATION OF APPLICATION OF SUB- tions, utilities, and miscellaneous charges; conducted under paragraph (3), determines SECTION.—Paragraphs (1) and (2) shall no $6,000,000 from printing and reproduction; after a fair hearing that an individual has longer apply to a State or a Katrina Sur- and $196,000,000 from other services’’. knowingly made a false self-attestation de- vivor, respectively, if the Secretary deter- scribed in paragraph (1)(B)(ii), the State mines, after consultation with the State, SA 1655. Mr. SHELBY proposed an may, subject to subparagraph (B), seek re- that enrollment of all part D eligible individ- amendment to the bill H.R. 2862, mak- covery from the individual for the full uals in the State under part D of title XVIII ing appropriations for Science, the De- amount of the cost of medical assistance proof the Social Security Act who are described partments of State, Justice, and Com- vided to the individual under this section. in section 1935(c)(6)(A)(ii) of such Act can be merce, and related agencies for the fis- (B) EXCEPTION.—The Secretary shall ex- achieved without a discontinuation in pre- cal year ending September 30, 2006, and empt a State from seeking recovery under scription drug coverage for any such indi- for other purposes; as follows: subparagraph (A) if the Secretary determines vidual. On page 144, line 10, strike ‘‘$409,625,000’’ that it would not be cost-effective for the (4) DEFINITION.—For purposes of this sub- State to do so. section, the term ‘‘State that experiences a and insert ‘‘404,625,000’’. On page 152, between line 20 and 21, insert (C) REIMBURSEMENT TO THE FEDERAL GOV- significant influx of Katrina Survivors’’ the following: ‘‘United States Travel and ERNMENT.—Any amounts recovered by a means those States, including Arkansas, State in accordance with this paragraph Tourism Promotion Florida, Oklahoma, and Texas, that the Sec- For necessary expenses of the United shall be returned to the Federal government, retary of Health and Human Services identi- except that a State’s administrative costs States Travel and Tourism Promotion Pro- fies as having a significant in-migration of gram, as authorized by section 210 of Public attributable to obtaining such recovery shall Katrina Survivors. be reimbursed by the Federal government in Law 108–7, for programs promoting travel to SEC. ll05. ACCOMMODATION OF SPECIAL the United States including grants, con- accordance with section ll04(a)(2). NEEDS OF KATRINA SURVIVORS (5) EXEMPTION FROM ERROR RATE PEN- UNDER MEDICARE PROGRAM.. tracts, cooperative agreements and related costs, $5,000,000, to remain available until ALTIES.—All payments attributable to pro- (a) EXCLUSION OF DISASTER RELIEF PERIOD viding medical assistance to Katrina Sur- IN COMPUTING PART B LATE ENROLLMENT September 30, 2007.’’. vivors in accordance with this section shall PENALTY.—In applying the first sentence of be disregarded for purposes of section 1903(u) section 1839(b) of the Social Security Act (42 SA 1656. Mr. SHELBY proposed an of the Social Security Act. U.S.C. 1395r(b)) in the case of a Katrina Sur- amendment to the bill H.R. 2862, mak- SEC. ll04. TEMPORARY DISASTER RELIEF FOR vivor, there shall not be taken into account ing appropriations for Science, the De- STATES UNDER MEDICAID. any month any part of which is within the partments of State, Justice, and Com- (a) INCREASE IN FEDERAL MATCHING RATE.— disaster relief period or within the 2-month merce, and related agencies for the fis- (1) 100 PERCENT FMAP FOR MEDICAL ASSIST- period following the end of such disaster re- cal year ending September 30, 2006, and ANCE.—Notwithstanding section 1905(b) of lief period. for other purposes; as follows: the Social Security Act (42 U.S.C. 1396d(b)), (b) PART D.— On page 170, between lines 9 and 10, insert the Federal medical assistance percentage (1) EXTENSION OF INITIAL ENROLLMENT PE- the following: for providing medical assistance under a RIOD.—In the case of a Katrina Survivor, the SEC. 304. Notwithstanding any other provi- State medicaid plan under title XIX of such initial enrollment period under section sion of this Act, of the amounts made avail- Act to Katrina Survivors or, in the case of a 1860D–1(b)(2) of the Social Security Act (42 able in this title under the heading ‘‘NA- direct impact State, to any individual who is U.S.C. 1395w–101(b)(2)) shall in no case end TIONAL OCEANIC AND ATMOSPHERIC ADMINIS- provided medical assistance under the State before May 15, 2007. TRATION’’ and under the subheading ‘‘OPER- medicaid plan during the disaster relief pe- (2) FLEXIBILITY IN DOCUMENTATION FOR LOW- ATIONS, RESEARCH, AND FACILITIES’’, not less riod, shall be 100 percent. INCOME SUBSIDIES.—For purposes of carrying than $5,800,000 shall be made available for (2) 100 PERCENT FEDERAL MATCH FOR CER- out section 1860D–14 of the Social Security the National Hurricane Center and that such TAIN ADMINISTRATIVE COSTS.—Notwith- Act (42 U.S.C. 1395w–114), with respect to amount may be used to employ individuals standing paragraph (7) of section 1903(a) of Katrina Survivors, the Secretary of Health in 43 full-time equivalent positions at the such Act (42 U.S.C. 1396b(a)), or any other and Human Services shall establish docu- National Hurricane Center. paragraph of such section, the Federal mentation rules for Katrina Survivors which matching rate for costs directly attributable take into account the loss and unavailability Mr. SHELBY proposed an of documents due to Hurricane Katrina. SA 1657. to all administrative activities that relate to amendment to the bill H.R. 2862, mak- the enrollment of Katrina Survivors under section ll03 in a State medicaid plan, SA 1653. Mr. ENSIGN submitted an ing appropriations for Science, the De- verification of the status of such Survivors, amendment intended to be proposed by partments of State, Justice, and Com- processing of claims for payment for medical him to the bill H.R. 2862, making ap- merce, and related agencies for the fis- assistance provided to such Survivors under propriations for Science, the Depart- cal year ending September 30, 2006, and such section, and recovery costs under sec- ments of State, Justice, and Com- for other purposes; as follows: tion ll03(b)(4)(C), shall be 100 percent. The merce, and related agencies for the fis- On page 173, beginning in line 2, strike ‘‘: Secretary shall issue guidance not later 30 cal year ending September 30, 2006, and Provided further,’’ and all that follows days after the date of enactment of this Act through ‘‘this Act’’ in line 10. on the implementation of this paragraph. for other purposes; which was ordered to lie on the table; as follows: (b) LIMITATION ON REDUCTION OF FMAP FOR SA 1658. Mr. SHELBY (for Mr. DOR- FISCAL YEAR 2006 FOR ANY STATE.—If the On page 133, line 11, strike ‘‘$2,287,000’’ and Federal medical assistance percentage (as insert ‘‘$5,287,000’’. GAN) submitted an amendment to the defined in section 1905(b) of the Social Secu- bill H.R. 2862, making appropriations rity Act) determined for a State for fiscal SA 1654. Mr. DAYTON (for himself, for Science, the Departments of State, year 2006 is less than the Federal medical as- Mr. CHAMBLISS, Mr. OBAMA, Mr. KERRY, Justice, and Commerce, and related

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9855 agencies for the fiscal year ending Sep- (b) QUALIFICATIONS; INITIAL MEETING.— (A) investigates relevant facts and cir- tember 30, 2006, and for other purposes; (1) POLITICAL PARTY AFFILIATION.—Not cumstances relating to the catastrophic im- as follows: more than 5 members of the Commission pacts that Hurricane Katrina exacted upon shall be from the same political party. the Gulf Region of the United States espe- On page 188, line 10, after ‘‘Alaska’’ insert (2) NONGOVERNMENTAL APPOINTEES.—An in- cially in New Orleans and surrounding par- ‘‘or North Dakota’’. dividual appointed to the Commission may ishes, and impacted areas of Mississippi and . Mr. HARKIN (for himself, not be an officer or employee of the Federal Alabama; and SA 1659 Government or any State or local govern- (B) shall include relevant facts and cir- Mr. SMITH, Mr. BINGAMAN, Mr. WYDEN, ment. cumstances relating to— Mr. FEINGOLD, Mr. KENNEDY, Mr. (3) OTHER QUALIFICATIONS.—It is the sense (i) Federal emergency response planning OBAMA, Mr. CORZINE, and Mr. DURBIN) of Congress that individuals appointed to the and execution at the Federal Emergency proposed an amendment to the bill Commission should be prominent United Management Agency, the Department of H.R. 2862, making appropriations for States citizens who represent a diverse range Homeland Security, the White House, and all Science, the Departments of State, of citizens and enjoy national recognition other Federal entities with responsibility for Justice, and Commerce, and related and significant depth of experience in such assisting during, and responding to, natural agencies for the fiscal year ending Sep- professions as governmental service, emer- disasters; gency preparedness, mitigation planning, (ii) military and law enforcement response tember 30, 2006, and for other purposes; cataclysmic planning and response, intergov- planning and execution; as follows: ernmental management, resource planning, (iii) Federal mitigation plans, programs, On page 175, strike lines 6 through 9 and in- recovery operations and planning, Federal and policies including prior assessments of sert the following: coordination, military coordination, and existing vulnerabilities and exercises de- For payment to the Legal Services Cor- other extensive natural disaster and emer- signed to test those vulnerabilities; poration to carry out the purposes of the gency response experience. (iv) Federal, State, and local communica- Legal Services Corporation Act of 1974, (4) DEADLINE FOR APPOINTMENT.—All mem- tion interoperability successes and failures; $358,527,000, of which $346,251,000 is for basic bers of the Commission shall be appointed on (v) past, present, and future Federal budg- field programs and required independent au- or before October 1, 2005. etary provisions for preparedness, mitiga- dits (of which $8,000,000 is for basic field pro- (5) INITIAL MEETING.—The Commission tion, response, and recovery; grams providing legal assistance to victims shall meet and begin the operations of the (vi) the Federal Emergency Management of Hurricane Katrina). Commission as soon as practicable. Agency’s response capabilities as an inde- Notwithstanding any other provisions in (c) QUORUM; VACANCIES.—After its initial pendent agency and as part of the Depart- the Act, the sums appropriated for the De- meeting, the Commission shall meet upon ment of Homeland Security; partment of Justice are reduced by $37 mil- the call of the chairman or a majority of its (vii) the role of congressional oversight lion. This reduction is to be taken by the At- members. Six members of the Commission and resource allocation; torney General from accounts receiving an shall constitute a quorum. Any vacancy in (viii) other areas of the public and private increase in travel and transportation of per- the Commission shall not affect its powers, sectors determined relevant by the Commis- sons as specified in the President’s Fiscal but shall be filled in the same manner in sion for its inquiry; and Year 2006 Budget Submittal to Congress pur- which the original appointment was made. (ix) long-term needs for people impacted by suant to 31 U.S.C. section 1105 and which are SEC. ll03. DUTIES. Hurricane Katrina and other forms of Fed- in excess of the fiscal year 2005 level; The duties of the Commission are to— eral assistance necessary for large-scale re- SA 1660. Mrs. CLINTON (for herself, (1) examine and report upon the Federal, covery; Ms. STABENOW, Mr. CORZINE, Mr. REED, State, and local response to the devastation (2) identify, review, and evaluate the les- Mr. SALAZAR, Mr. LAUTENBERG, Mr. wrought by Hurricane Katrina in the Gulf sons learned from Hurricane Katrina includ- JEFFORDS, Mr. SCHUMER, and Ms. MI- Region of the United States of America espe- ing coordination, management policies, and procedures of the Federal Government, State KULSKI) submitted an amendment in- cially in the States of Louisiana, Mississippi, and local governments, and nongovern- tended to be proposed by him to the Alabama, and other areas impacted in the aftermath; mental entities, relative to detection, plan- bill H.R. 2862, making appropriations (2) ascertain, evaluate, and report on the ning, mitigation, asset prepositioning, and for Science, the Departments of State, information developed by all relevant gov- responding to cataclysmic natural disasters Justice, and Commerce, and related ernmental agencies regarding the facts and such as Hurricane Katrina; and agencies for the fiscal year ending Sep- circumstances related to Hurricane Katrina (3) submit to the President and Congress tember 30, 2006, and for other purposes; prior to striking the United States and in such reports as are required by this title con- which was ordered to lie on the table; the days and weeks following; taining such findings, conclusions, and rec- as follows: (3) build upon concurrent and prior inves- ommendations as the Commission shall de- tigations of other entities, and avoid unnec- termine, including proposing organization, At the appropriate place, insert the fol- essary duplication concerning information coordination, planning, management ar- lowing: related to existing vulnerabilities; rangements, procedures, rules, and regula- TITLE ll—KATRINA COMMISSION (4) make a full and complete accounting of tions. SEC. ll01. ESTABLISHMENT OF COMMISSION. the circumstances surrounding the approach SEC. ll05. POWERS OF COMMISSION. There is established in the legislative of Hurricane Katrina to the Gulf States, and (a) IN GENERAL.— branch the Katrina Commission (in this title the extent of the United States government’s (1) HEARINGS AND EVIDENCE.—The Commis- referred to as the ‘‘Commission’’). preparedness for, and response to, the hurri- sion or, on the authority of the Commission, SEC. ll02. COMPOSITION OF COMMISSION. cane; any subcommittee or member thereof, may, (a) MEMBERS.—The Commission shall be (5) planning necessary for future cata- for the purpose of carrying out this Act— composed of 10 members, of whom— clysmic events requiring a significant mar- (A) hold such hearings and sit and act at (1) 1 member shall be appointed by the shaling of Federal resources, mitigation, re- such times and places, take such testimony, President, who shall serve as chairman of sponse, and recovery to avoid significant loss receive such evidence, administer such the Commission; of life; oaths; and (2) 1 member shall be appointed by the (6) an analysis as to whether any decisions (B) subject to paragraph (2)(A), require, by leader of the Senate (majority or minority differed with respect to response and recov- subpoena or otherwise, the attendance and leader, as the case may be) of the Demo- ery for different communities, neighbor- testimony of such witnesses and the produc- cratic Party, in consultation with the leader hoods, parishes, and locations and what tion of such books, records, correspondence, of the House of Representatives (majority or problems occurred as a result of a lack of a memoranda, papers, and documents, as the minority leader, as the case may be) of the common plan, communication structure, and Commission or such designated sub- Democratic Party, who shall serve as vice centralized command structure; and committee or designated member may deter- chairman of the Commission; (7) investigate and report to the President mine advisable. (3) 2 members shall be appointed by the and Congress on its findings, conclusions, (2) SUBPOENAS.— senior member of the Senate leadership of and recommendations for immediate correc- (A) ISSUANCE.— the Democratic Party; tive measures that can be taken to prevent (i) IN GENERAL.—A subpoena may be issued (4) 2 members shall be appointed by the problems with Federal response that oc- under this subsection only— senior member of the leadership of the House curred in the preparation for, and in the (I) by the agreement of the chairman and of Representatives of the Republican Party; aftermath of, Hurricane Katrina so that fu- the vice chairman; or (5) 2 members shall be appointed by the ture cataclysmic events are responded to (II) by the affirmative vote of 6 members of senior member of the Senate leadership of adequately. the Commission. the Republican Party; and SEC. ll04. FUNCTIONS OF COMMISSION. (ii) SIGNATURE.—Subject to clause (i), sub- (6) 2 members shall be appointed by the (a) IN GENERAL.—The functions of the Com- poenas issued under this subsection may be senior member of the leadership of the House mission are to— issued under the signature of the chairman of Representatives of the Democratic Party. (1) conduct an investigation that— or any member designated by a majority of

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9856 CONGRESSIONAL RECORD — SENATE September 8, 2005

the Commission, and may be served by any (b) PUBLIC MEETINGS AND RELEASE OF PUB- title without the appropriate security clear- person designated by the chairman or by a LIC VERSIONS OF REPORTS.—The Commission ances. member designated by a majority of the shall— SEC. ll10. REPORTS OF COMMISSION; TERMI- Commission. (1) hold public hearings and meetings to NATION. (B) ENFORCEMENT.— the extent appropriate; and (a) INTERIM REPORTS.—The Commission (i) IN GENERAL.—In the case of contumacy (2) release public versions of the reports re- may submit to the President and Congress or failure to obey a subpoena issued under quired under section ll10. interim reports containing such findings, subsection (a), the United States district (c) PUBLIC HEARINGS.—Any public hearings conclusions, and recommendations for cor- court for the judicial district in which the of the Commission shall be conducted in a rective measures as have been agreed to by a subpoenaed person resides, is served, or may manner consistent with the protection of in- majority of Commission members. be found, or where the subpoena is return- formation provided to or developed for or by (b) FINAL REPORT.—Not later than 6 able, may issue an order requiring such per- the Commission as required by any applica- months after the date of the enactment of son to appear at any designated place to tes- ble statute, regulation, or Executive order. this title, the Commission shall submit to the President and Congress a final report tify or to produce documentary or other evi- SEC. ll07. STAFF OF COMMISSION. dence. Any failure to obey the order of the containing such findings, conclusions, and (a) IN GENERAL.— recommendations for corrective measures as court may be punished by the court as a con- (1) APPOINTMENT AND COMPENSATION.—The have been agreed to by a majority of Com- tempt of that court. chairman, in consultation with the vice mission members. (ii) ADDITIONAL ENFORCEMENT.—In the case chairman, in accordance with rules agreed (c) TERMINATION.— of any failure of any witness to comply with upon by the Commission, may appoint and (1) IN GENERAL.—The Commission, and all any subpoena or to testify when summoned fix the compensation of a staff director and the authorities of this Act, shall terminate under authority of this section, the Commis- such other personnel as may be necessary to 60 days after the date on which the final re- sion may, by majority vote, certify a state- enable the Commission to carry out its func- port is submitted under subsection (b). ment of fact constituting such failure to the tions, without regard to the provisions of (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- appropriate United States attorney, who title 5, United States Code, governing ap- MINATION.—The Commission may use the 60- may bring the matter before the grand jury pointments in the competitive service, and day period referred to in paragraph (1) for for its action, under the same statutory au- without regard to the provisions of chapter the purpose of concluding its activities, in- thority and procedures as if the United 51 and subchapter III of chapter 53 of such cluding providing testimony to committees States attorney had received a certification title relating to classification and General of Congress concerning its reports and dis- under sections 102 through 104 of the Revised Schedule pay rates, except that no rate of seminating the final report. Statutes of the United States (2 U.S.C. 192 pay fixed under this subsection may exceed SEC. ll11. FUNDING. through 194). the equivalent of that payable for a position (a) EMERGENCY APPROPRIATION OF FUNDS.— (b) CONTRACTING.—The Commission may, at level V of the Executive Schedule under There are authorized to be appropriated to such extent and in such amounts as are section 5316 of title 5, United States Code. $3,000,000 for purposes of the activities of the provided in appropriation Acts, enter into (2) PERSONNEL AS FEDERAL EMPLOYEES.— Commission under this title and such fund- contracts to enable the Commission to dis- (A) IN GENERAL.—The executive director ing is designated as emergency spending charge its duties under this title. and any personnel of the Commission who under section 402 of H. Con. Res. 95 (109th (c) INFORMATION FROM FEDERAL AGEN- are employees shall be employees under sec- Congress). CIES.— tion 2105 of title 5, United States Code, for (b) DURATION OF AVAILABILITY.—Amounts (1) IN GENERAL.—The Commission is au- purposes of chapters 63, 81, 83, 84, 85, 87, 89, made available to the Commission under thorized to secure directly from any execu- and 90 of that title. subsection (a) shall remain available until tive department, bureau, agency, board, (B) MEMBERS OF COMMISSION.—Subpara- the termination of the Commission. commission, office, independent establish- graph (A) shall not be construed to apply to ment, or instrumentality of the Government, members of the Commission. SA 1661. Mr. BIDEN (for himself, Mr. information, suggestions, estimates, and sta- (b) DETAILEES.—Any Federal Government DURBIN, Mrs. CLINTON, Mr. KERRY, and tistics for the purposes of this title. Each de- employee may be detailed to the Commission Mr. REED) proposed an amendment to partment, bureau, agency, board, commis- without reimbursement from the Commis- the bill H.R. 2862, making appropria- sion, office, independent establishment, or sion, and such detailee shall retain the instrumentality shall, to the extent author- tions for Science, the Departments of rights, status, and privileges of his or her State, Justice, and Commerce, and re- ized by law, furnish such information, sug- regular employment without interruption. gestions, estimates, and statistics directly to lated agencies for the fiscal year end- (c) CONSULTANT SERVICES.—The Commis- the Commission, upon request made by the sion is authorized to procure the services of ing September 30, 2006, and for other chairman, the chairman of any sub- experts and consultants in accordance with purposes; as follows: committee created by a majority of the section 3109 of title 5, United States Code, At the end of the bill, insert the following: Commission, or any member designated by a but at rates not to exceed the daily rate paid TITLE VII—EMERGENCY RELIEF FOR majority of the Commission. a person occupying a position at level IV of VICTIMS OF HURRICANE KATRINA. (2) RECEIPT, HANDLING, STORAGE, AND DIS- the Executive Schedule under section 5315 of In addition to amounts otherwise provided SEMINATION.—Information shall only be re- title 5, United States Code. ceived, handled, stored, and disseminated by for in this Act, the following amounts are members of the Commission and its staff SEC. ll08. COMPENSATION AND TRAVEL EX- appropriated for fiscal year 2006 and des- PENSES. consistent with all applicable statutes, regu- ignated as an emergency requirement pursu- (a) COMPENSATION.—Each member of the ant to section 402 of H. Con. Res. 95 (109th lations, and Executive orders. Commission may be compensated at not to (d) ASSISTANCE FROM FEDERAL AGENCIES.— Congress): exceed the daily equivalent of the annual NHANCING STATE AND LOCAL LAW EN (1) GENERAL SERVICES ADMINISTRATION.— (1) E - The Administrator of General Services shall rate of basic pay in effect for a position at FORCEMENT.—$1,000,000,000 to the Community provide to the Commission on a reimburs- level IV of the Executive Schedule under sec- Oriented Policing Services function in the able basis administrative support and other tion 5315 of title 5, United States Code, for following amounts: services for the performance of the Commis- each day during which that member is en- (A) $700,000,000 added to the Hiring section. sion’s functions. gaged in the actual performance of the du- (B) $300,000,000 to the Interoperable Com- ties of the Commission. (2) OTHER DEPARTMENTS AND AGENCIES.—In munications Technology section. RAVEL EXPENSES.—While away from addition to the assistance prescribed in para- (b) T (2) ASSISTING CHILDREN IMPACTED BY HURRI- their homes or regular places of business in graph (1), departments and agencies of the CANE KATRINA.—Under the Missing Children the performance of services for the Commis- United States may provide to the Commis- Program, $10,000,000 to the National Center sion, members of the Commission shall be al- sion such services, funds, facilities, staff, and for Missing and Exploited Children to find, lowed travel expenses, including per diem in other support services as they may deter- unite, and transport children impacted by lieu of subsistence, in the same manner as mine advisable and as may be authorized by Hurricane Katrina to their parents, legal persons employed intermittently in the Gov- law. guardian, or next of kin. (e) GIFTS.—The Commission may accept, ernment service are allowed expenses under (3) ASSISTING VICTIMS OF SEXUAL ABUSE AND use, and dispose of gifts or donations of serv- section 5703(b) of title 5, United States Code. DOMESTIC VIOLENCE.—Under the Violence ices or property. SEC. ll09. SECURITY CLEARANCES FOR COM- Against Women Act function, $8,000,000 for (f) POSTAL SERVICES.—The Commission MISSION MEMBERS AND STAFF. the Office of Violence Against Women to as- may use the United States mails in the same The appropriate Federal agencies or de- sist victims of domestic violence and sexual manner and under the same conditions as departments shall cooperate with the Commis- abuse in the areas impacted by Hurricane partments and agencies of the United States. sion in expeditiously providing to the Com- Katrina in the following amounts: SEC. ll06. NONAPPLICABILITY OF FEDERAL AD- mission members and staff appropriate secu- (A) $2,000,000 for the Rape Abuse and Incest VISORY COMMITTEE ACT. rity clearances to the extent possible pursu- National Network (RAINN) to rebuild crises (a) IN GENERAL.—The Federal Advisory ant to existing procedures and requirements, centers, provide emergency counseling serv- Committee Act (5 U.S.C. App.) shall not except that no person shall be provided with ices in shelters, provide emergency coun- apply to the Commission. access to classified information under this seling services in shelters, provide adequate

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9857 services in communities with evacuees, and such waiver shall expire on an individual’s to an individual or family receiving assist- provide adequate short- and long-term sup- return to work; ance under this section on August 29, 2005, port for displaced persons across the coun- ‘‘(ii) paragraph (4), relating to the eligi- and meeting the requirements described in try. bility of individuals to receive assistance; subparagraph (A), to assist the individual or (B) $1,000,000 for nonprofit, nongovern- ‘‘(iii) subsection (k) and paragraph (5) of family with the additional costs of relo- mental statewide coalitions serving sexual this subsection, relating to verification of cating to new housing, including to cover— assault victims within the State to be used income; ‘‘(i) the additional cost of rent and utili- to assist victims of sexual assault affected ‘‘(iv) paragraph (7)(A), relating to the re- ties; by Hurricane Katrina as determined by the quirement that leases shall be for a term of ‘‘(ii) security and utility deposits; assessment of statewide coalitions. 1 year; ‘‘(iii) relocation expenses, including ex- (C) $6,000,000 to be allocated, in consulta- ‘‘(v) paragraph (8), relating to initial in- penses incurred in relocating back to the tion with the Department of Health and spection of housing units by a public housing major disaster area when such relocation is Human Services, to nonprofit, nongovern- agency; and permitted; and mental statewide domestic violence coali- ‘‘(vi) subsection (r)(1)(B), relating to re- ‘‘(iv) such additional expenses as the Sec- tions serving domestic violence programs strictions on portability. retary determines necessary. within the State to be used to assist victims ‘‘(F) USE OF FUNDS.—Notwithstanding any ‘‘(C) PAYMENT STANDARD.—For purposes of of domestic violence affected by Hurricane other provision of law, funds available for as- this paragraph, the payment standard for Katrina as determined by the assessment of sistance under this paragraph— each size of dwelling unit in a market area the statewide coalitions, and that the state- ‘‘(i) shall be made available by the Sec- may not exceed 150 percent, or higher if the wide coalitions can assess those needs. retary to individuals to cover the cost of— Secretary approves of such increase, of the ‘‘(I) rent; fair market rental established under sub- SA 1662. Mr. SARBANES proposed an ‘‘(II) security and utility deposits; section (c) for the same size dwelling unit in amendment to the bill H.R. 2862, mak- ‘‘(III) relocation expenses, including ex- the same market area, and shall be not less ing appropriations for Science, the De- penses incurred in relocating back to the than 90 percent of that fair market rental. partments of State, Justice, and Com- major disaster area when such relocation is ‘‘(D) NONDISCRIMINATION.—A landlord or permitted; and merce, and related agencies for the fis- owner may not exclude or penalize an indi- ‘‘(IV) such additional expenses as the Sec- vidual or family solely because that indi- cal year ending September 30, 2006, and retary determines necessary; and for other purposes; as follows: vidual or family is eligible for any waivers or ‘‘(ii) shall be used by the Secretary— benefits provided under this paragraph. On page 190, after line 14, insert the fol- ‘‘(I) for payments to public housing agen- ‘‘(E) TERMINATION OF AUTHORITY.—The au- lowing: cies, State or local government agencies, or thority of the Secretary to provide assist- SECTION 522. HURRICANE KATRINA EMERGENCY other voucher administrators for vouchers ance under this paragraph shall— ASSISTANCE VOUCHERS. used to assist individuals or families affected ‘‘(i) apply during the 6-month period begin- (a) SHORT TITLE.—This section may be by the major disaster or emergency de- ning on the date of enactment of the Helping cited as the ‘‘Helping to House the Victims scribed in this paragraph up to their author- to House the Victims of Hurricane Katrina of Hurricane Katrina Act of 2005’’. ized level of vouchers, if any such vouchers Act of 2005; and (b) HURRICANE KATRINA EMERGENCY ASSIST- are not otherwise funded; and ‘‘(ii) extend for an additional 6 months ANCE VOUCHERS.—Section 8(o) of the United ‘‘(II) to provide operating subsidies to pub- after that period, unless if at that time the States Housing Act of 1937 (42 U.S.C. 1437f(o)) lic housing agencies for public housing units Secretary makes a determination that as- is amended by adding at the end the fol- provided to individuals or families affected sistance under this paragraph is no longer lowing: by the major disaster or emergency de- needed. ‘‘(20) HURRICANE KATRINA EMERGENCY AS- scribed in this paragraph, if such a subsidy ‘‘(22) AUTHORITY OF THE SECRETARY TO DI- SISTANCE VOUCHERS.— was not previously provided for those units. RECTLY ADMINISTER VOUCHERS WHEN PHA’S ‘‘(A) IN GENERAL.—During the 6-month pe- ‘‘(G) PAYMENT STANDARD.—For purposes of ARE UNABLE TO DO SO.—If the Secretary de- riod beginning on the date of enactment of this paragraph, the payment standard for termines that a public housing agency is un- the Helping to House the Victims of Hurri- each size of dwelling unit in a market area cane Katrina Act of 2005, the Secretary shall may not exceed 150 percent, or higher if the able to implement the provisions of this sub- provide temporary rental assistance to any Secretary approves of such increase, of the section due to the effects of Hurricane individual or family, if— fair market rental established under sub- Katrina, the Secretary may— ‘‘(i) the individual or family resides, or re- section (c) for the same size dwelling unit in ‘‘(A) directly administer any voucher pro- sided on August 29, 2005, in any area that is the same market area, and shall be not less gram described in paragraphs (1) through subject to a declaration by the President of than 90 percent of that fair market rental. (20); and a major disaster or emergency under the ‘‘(H) NONDISCRIMINATION.—In selecting in- ‘‘(B) perform the functions assigned to a Robert T. Stafford Disaster Relief and Emer- dividuals or families for tenancy, a landlord public housing agency by this subsection.’’. gency Assistance Act (42 U.S.C. 5121 et seq.) or owner may not exclude or penalize an in- (c) REPORT ON INVENTORY OF AVAILABILITY in connection with Hurricane Katrina; and dividual or family solely because any portion OF TEMPORARY HOUSING.—Not later than 10 ‘‘(ii) the residence of the individual or fam- of the rental payment of that individual or days after the date of enactment of this Act, ily became uninhabitable or inaccessible as family is provided under this paragraph. the Secretary of Defense, the Administrator result of that major disaster or emergency. ‘‘(I) TERMINATION OF ASSISTANCE.—Assist- of the General Services Administration, the ‘‘(B) REGULATIONS.—Not later than 30 days ance provided under this paragraph shall— Secretary of Agriculture, and such other after the date of enactment of the Helping to ‘‘(i) terminate 6 months after the date on agency heads as the Secretary determines House the Victims of Hurricane Katrina Act which such assistance was received; and appropriate, shall compile and report to the of 2005, the Secretary shall issue final rules ‘‘(ii) extend for an additional 6 months un- Secretary an inventory of Federal civilian to establish the procedures applicable to the less at that time the Secretary makes a de- and defense facilities that can be used— issuance of assistance under subparagraph termination that assistance under this para- (1) to provide emergency housing; or (A). graph is no longer needed. (2) as locations for the construction or de- ‘‘(C) NOTICE.—The Secretary, in consulta- ‘‘(21) ASSISTANCE FOR CURRENT VOUCHER RE- ployment of temporary housing units. tion with the Director of the Federal Emer- CIPIENTS AFFECTED BY HURRICANE KATRINA.— (d) APPROPRIATION OF FUNDING.— gency Management Agency and such other ‘‘(A) IN GENERAL.—The Secretary shall (1) IN GENERAL.—There are authorized to be agencies as the Secretary determines appro- waive any of the requirements described in appropriated and are appropriated priate, shall establish procedures for pro- clauses (i) through (vi) of paragraph (20)(E) $3,500,000,000 to provide assistance under this viding notice of the availability of assistance for any individual or family receiving assist- Act. under this paragraph to individuals or fami- ance under this section on August 29, 2005, (2) EMERGENCY DESIGNATION.—The amount lies that may be eligible for such assistance. if— appropriated under paragraph (1) is des- ‘‘(D) AUTHORITY TO CONTRACT WITH PHA’S ‘‘(i) the individual or family resides, or re- ignated as an emergency requirement pursu- AND OTHERS.—The Secretary may contract sided on August 29, 2005, in any area that is ant to section 402 of H. Con. Res. 95 (109th with any State or local government agency subject to a declaration by the President of Congress). or public housing agency, or in consultation a major disaster or emergency under the with any State or local government agency, Robert T. Stafford Disaster Relief and Emer- SA 1663. Mr. LOTT submitted an with any other entity, to ensure that assist- gency Assistance Act (42 U.S.C. 5121 et seq.) amendment intended to be proposed by ance payments under this paragraph are pro- in connection with Hurricane Katrina; and him to the bill H.R. 2862, making ap- vided in an efficient and expeditious manner. ‘‘(ii) the residence of the individual or fam- propriations for Science, the Depart- ‘‘(E) WAIVER OF ELIGIBILITY REQUIRE- ily became uninhabitable or inaccessible as ments of State, Justice, and Com- MENTS.—In providing assistance under this result of that major disaster or emergency. paragraph, the Secretary shall waive the re- ‘‘(B) ADDITIONAL USES OF FUNDS.—Notwith- merce, and related agencies for the fis- quirements under— standing any other provision of law, the Sec- cal year ending September 30, 2006, and ‘‘(i) paragraph (2), relating to tenant con- retary shall provide, as the Secretary deter- for other purposes; which was ordered tributions towards rent, except that any mines appropriate, supplemental assistance to lie on the table; as follows:

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9858 CONGRESSIONAL RECORD — SENATE September 8, 2005 On page 170, between lines 9 and 10, insert trade practices (title III of the Trade Act of On page 156, strike lines 3 through 7 and in- the following: 1974; 19 U.S.C. 2411 et seq.); or (5) national se- sert the following: SEC. 304. Of the amounts made available in curity import restrictions (section 232 of the In addition, for necessary expenses for ex- this title under the heading ‘‘NATIONAL OCE- Trade Expansion Act of 1962; 19 U.S.C. 1862). isting grant projects of the Advanced Tech- ANIC AND ATMOSPHERIC ADMINISTRATION’’ and nology Program of the National Institute of under the subheading ‘‘OPERATIONS, RE- SA 1666. Mr. NELSON of Florida sub- Standards and Technology, $46,000,000, to re- SEARCH, AND FACILITIES’’ for the National mitted an amendment intended to be main available until expended. Marine Fisheries Service— proposed by him to the bill H.R. 2862, (1) not more than $104,107,000 may be ex- making appropriations for Science, the SA 1670. Mr. DORGAN submitted an pended for headquarters programs, including Departments of State, Justice, and amendment intended to be proposed by corporate management and leadership and Commerce, and related agencies for the him to the bill H.R. 2862, making ap- Silver Spring programs; propriations for Science, the Depart- (2) $5,000,000 shall be for Southeastern fiscal year ending September 30, 2006, shrimp product quality and marketing; and for other purposes; which was or- ments of State, Justice, and Com- (3) $3,000,000 shall be for Gulf of Mexico dered to lie on the table; as follows: merce, and related agencies for the fis- oyster restoration; On page 170, between lines 9 and 10, insert cal year ending September 30, 2006, and (4) $3,000,000 shall be for Alaska near shore the following: for other purposes; which was ordered fisheries; SEC. 304. The Administrator of the Na- to lie on the table; as follows: (5) $3,000,000 shall be for Pacific Coastal tional Oceanic and Atmospheric Administra- At the appropriate place, insert the fol- Fisheries Information Network catch effort tion shall— lowing: data; (1) make available the data and informa- (6) $2,000,000 shall be for recreational fish- tion services of such Administration, includ- TITLE ll—SPECIAL COMMITTEE OF SEN- ing catch and release mortality research; ing forecasts and warnings of the National ATE ON WAR AND RECONSTRUCTION (7) $1,000,000 shall be for the Hawaii stock Weather Service, in a timely, open, and unre- CONTRACTING enhancement program; stricted manner using widely accepted infor- SEC. ll01. FINDINGS. (8) $1,000,000 shall be for bluefish and mation standards, including the Internet; Congress makes the following findings: striped bass research and management; and (1) The wars in Iraq and Afghanistan have (9) $1,000,000 shall be for Great Lakes res- (2) cooperate closely with public safety exerted very large demands on the Treasury toration programs; and agencies and other entities, including pri- of the United States and required tremen- (10) $1,000,000 shall be for New England vate sector entities and the media, to dous sacrifice by the members of the Armed stock depletion programs. achieve the widest possible understanding of Forces of the United States. information critical to the protection of life (2) Congress has a constitutional responsi- SA 1664. Mr. LOTT submitted an and property and the enhancement of the bility to ensure comprehensive oversight of amendment intended to be proposed by economy of the United States. the expenditure of United States Govern- him to the bill H.R. 2862, making ap- ment funds. Ms. CANTWELL submitted propriations for Science, the Depart- SA 1667. (3) Waste and corporate abuse of United an amendment intended to be proposed States Government resources are particu- ments of State, Justice, and Com- by her to the bill H.R. 2862, making ap- larly unacceptable and reprehensible during merce, and related agencies for the fis- propriations for Science, the Depart- times of war. cal year ending September 30, 2006, and ments of State, Justice, and Com- (4) The magnitude of the funds involved in for other purposes; which was ordered merce, and related agencies for the fis- the reconstruction of Afghanistan and Iraq to lie on the table; as follows: and the war on terrorism, together with the cal year ending September 30, 2006, and speed with which these funds have been com- On page 170, between lines 9 and 10, insert for other purposes; which was ordered the following: mitted, presents a challenge to the effective SEC. 304. Of the amounts made available in to lie on the table; as follows: performance of the traditional oversight this title under the heading ‘‘NATIONAL OCE- On page 135, line 25, strike ‘‘$515,087,000’’ function of Congress and the auditing func- ANIC AND ATMOSPHERIC ADMINISTRATION’’ and and insert ‘‘$534,987,000, of which $19,900,000 tions of the executive branch. under the subheading ‘‘OPERATIONS, RE- shall be offset by reducing appropriations in (5) The Senate Special Committee to Inves- SEARCH, AND FACILITIES’’ for the National this title for other expenses by a total of tigate the National Defense Program, popu- Marine Fisheries Service— $19,900,000,’’. larly know as the Truman Committee, which (1) not more than $116,107,000 may be ex- was established during World War II, offers a pended for headquarters programs, including On page 136, between lines 13 and 14, in the constructive precedent for bipartisan over- corporate management and leadership and item relating to Methamphetamine Hot sight of wartime contracting that can also Silver Spring programs; Spots, strike ‘‘$60,100,000’’ and insert be extended to wartime and postwar recon- (2) $5,000,000 shall be for Southeastern ‘‘$80,000,000’’. struction activities. (6) The Truman Committee is credited with shrimp product quality and marketing; and SA 1668. Mr. BINGAMAN submitted (3) $3,000,000 shall be for Gulf of Mexico an extremely successful investigative effort, oyster restoration. an amendment intended to be proposed performance of a significant public edu- by him to the bill H.R. 2862, making ap- cation role, and achievement of fiscal sav- SA 1665. Mr. DORGAN (for himself, propriations for Science, the Depart- ings measured in the billions of dollars. Mr. GRAHAM, and Ms. STABENOW) pro- ments of State, Justice, and Com- (7) The public has a right to expect that posed an amendment to the bill H.R. merce, and related agencies for the fis- taxpayer resources will be carefully disbursed and honestly spent. 2862, making appropriations for cal year ending September 30, 2006, and for other purposes; as follows: SEC. ll02. SPECIAL COMMITTEE ON WAR AND Science, the Departments of State, RECONSTRUCTION CONTRACTING. Justice, and Commerce, and related On page 137, line 3, strike ‘‘$350,000,000’’ and There is established a special committee of agencies for the fiscal year ending Sep- insert ‘‘$352,000,000 of which $2,000,000 shall be the Senate to be known as the Special Com- tember 30, 2006, and for other purposes; for grants for methamphetamine prevention mittee on War and Reconstruction Con- as follows: education programs in elementary and sec- tracting (hereafter in this title referred to as ondary schools to be offset by a reduction of the ‘‘Special Committee’’). On page 190, between lines 14 and 15, insert $2,000,000 in the Drug Enforcement Agency the following: salaries and expenses in this Act’’. SEC. ll03. PURPOSE AND DUTIES. SEC. 522. None of the funds appropriated or (a) PURPOSE.—The purpose of the Special otherwise made available by this Act may be SA 1669. Mr. SUNUNU proposed an Committee is to investigate the awarding used to negotiate or enter into a trade agree- amendment to the bill H.R. 2862, mak- and performance of contracts to conduct ment that modifies or amends any law of the ing appropriations for Science, the De- military, security, and reconstruction ac- United States that provides safeguards from tivities in Afghanistan and Iraq and to sup- unfair foreign trade practices to United partments of State, Justice, and Com- port the prosecution of the war on terrorism. States businesses or workers, including (1) merce, and related agencies for the fis- (b) DUTIES.—The Special Committee shall imposition of countervailing and anti- cal year ending September 30, 2006, and examine the contracting actions described in dumping duties (title VII of the Tariff Act of for other purposes; which was ordered subsection (a) and report on such actions, in 1930; 19 U.S.C. 1671 et seq.); (2) protection to lie on the table; as follows: accordance with this section, regarding— from unfair methods of competition and un- On page 131, line 14, strike ‘‘$15,000,000’’ and (1) bidding, contracting, accounting, and fair acts in the importation of articles (sec- insert ‘‘$30,000,000’’. auditing standards for Federal Government tion 337 of the Tariff Act of 1930; 19 U.S.C. On page 134, between lines 4 and 5, strike contracts; 1337); (3) relief from injury caused by import ‘‘$170,000,000’’ and insert ‘‘$230,582,000’’. (2) methods of contracting, including sole- competition (title II of the Trade Act of 1974; On page 134, between lines 4 and 5, strike source contracts and limited competition or 19 U.S.C. 2251 et seq.); (4) relief from unfair ‘‘$30,000,000’’ and insert ‘‘$48,418,000’’. noncompetitive contracts;

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9859 (3) subcontracting under large, comprehen- provided in this resolution, the investiga- the Special Committee shall be referred to sive contracts; tion, study, and hearings conducted by the the committee or committees that have ju- (4) oversight procedures; Special Committee shall be governed by the risdiction over the subject matter of the re- (5) consequences of cost-plus and fixed Standing Rules of the Senate. port. price contracting; (b) ADDITIONAL RULES AND PROCEDURES.— SEC. ll08. ADMINISTRATIVE PROVISIONS. (6) allegations of wasteful and fraudulent The Special Committee may adopt addi- (a) STAFF.— practices; tional rules or procedures if the chairman (1) IN GENERAL.—The Special Committee (7) accountability of contractors and Gov- and ranking member agree that such addi- may employ in accordance with paragraph ernment officials involved in procurement tional rules or procedures are necessary to (2) a staff composed of such clerical, inves- and contracting; enable the Special Committee to conduct the tigatory, legal, technical, and other per- (8) penalties for violations of law and investigation, study, and hearings author- sonnel as the Special Committee, or the abuses in the awarding and performance of ized by this resolution. Any such additional chairman or the ranking member, considers Government contracts; and rules and procedures— necessary or appropriate. (9) lessons learned from the contracting (1) shall not be inconsistent with this reso- (2) APPOINTMENT OF STAFF.— process used in Iraq and Afghanistan and in lution or the Standing Rules of the Senate; (A) IN GENERAL.—The Special Committee connection with the war on terrorism with and shall appoint a staff for the majority, a staff respect to the structure, coordination, man- (2) shall become effective upon publication for the minority, and a nondesignated staff. agement policies, and procedures of the Fed- in the Congressional Record. (B) MAJORITY STAFF.—The majority staff eral Government. SEC. ll06. AUTHORITY OF SPECIAL COMMITTEE. shall be appointed, and may be removed, by (c) INVESTIGATION OF WASTEFUL AND (a) IN GENERAL.—The Special Committee the chairman and shall work under the gen- FRAUDULENT PRACTICES.—The investigation may exercise all of the powers and respon- eral supervision and direction of the chair- by the Special Committee of allegations of man. wasteful and fraudulent practices under sub- sibilities of a committee under rule XXVI of the Standing Rules of the Senate. (C) MINORITY STAFF.—The minority staff section (b)(6) shall include investigation of shall be appointed, and may be removed, by allegations regarding any contract or spend- (b) HEARINGS.—The Special Committee or, the ranking member of the Special Com- ing entered into, supervised by, or otherwise at its direction, any subcommittee or mem- mittee, and shall work under the general su- involving the Coalition Provisional Author- ber of the Special Committee, may, for the pervision and direction of such member. ity, regardless of whether or not such con- purpose of carrying out this resolution— (D) NONDESIGNATED STAFF.—Nondesignated tract or spending involved appropriated (1) hold such hearings, sit and act at such funds of the United States. times and places, take such testimony, re- staff shall be appointed, and may be re- (d) EVIDENCE CONSIDERED.—In carrying out ceive such evidence, and administer such moved, jointly by the chairman and the its duties, the Special Committee shall as- oaths as the Special Committee or such sub- ranking member, and shall work under the certain and evaluate the evidence developed committee or member considers advisable; joint general supervision and direction of the by all relevant governmental agencies re- and chairman and ranking member. garding the facts and circumstances relevant (2) require, by subpoena or otherwise, the (b) COMPENSATION.— to contracts described in subsection (a) and attendance and testimony of such witnesses (1) MAJORITY STAFF.—The chairman shall any contract or spending covered by sub- and the production of such books, records, fix the compensation of all personnel of the section (c). correspondence, memoranda, papers, docu- majority staff of the Special Committee. SEC. ll04. COMPOSITION OF SPECIAL COM- ments, tapes, and materials as the Special (2) MINORITY STAFF.—The ranking member MITTEE. Committee considers advisable. shall fix the compensation of all personnel of (a) MEMBERSHIP.— (c) ISSUANCE AND ENFORCEMENT OF SUB- the minority staff of the Special Committee. (1) IN GENERAL.—The Special Committee POENAS.— (3) NONDESIGNATED STAFF.—The chairman shall consist of 7 members of the Senate of (1) ISSUANCE.—Subpoenas issued under sub- and ranking member shall jointly fix the whom— section (b) shall bear the signature of the compensation of all nondesignated staff of (A) 4 members shall be appointed by the Chairman of the Special Committee and the Special Committee, within the budget President pro tempore of the Senate, in con- shall be served by any person or class of per- approved for such purposes for the Special sultation with the majority leader of the sons designated by the Chairman for that Committee. Senate; and purpose. (c) REIMBURSEMENT OF EXPENSES.—The (B) 3 members shall be appointed by the (2) ENFORCEMENT.—In the case of contu- Special Committee may reimburse the mem- minority leader of the Senate. macy or failure to obey a subpoena issued bers of its staff for travel, subsistence, and (2) DATE.—The appointments of the mem- under subsection (a), the United States dis- other necessary expenses incurred by such bers of the Special Committee shall be made trict court for the judicial district in which staff members in the performance of their not later than 90 days after the date of the the subpoenaed person resides, is served, or functions for the Special Committee. (d) PAYMENT OF EXPENSES.—There shall be enactment of this Act. may be found may issue an order requiring paid out of the applicable accounts of the (b) VACANCIES.—Any vacancy in the Spe- such person to appear at any designated Senate such sums as may be necessary for cial Committee shall not affect its powers, place to testify or to produce documentary the expenses of the Special Committee. Such but shall be filled in the same manner as the or other evidence. Any failure to obey the payments shall be made on vouchers signed original appointment. order of the court may be punished by the (c) SERVICE.—Service of a Senator as a by the chairman of the Special Committee court as a contempt of that court. member, chairman, or ranking member of and approved in the manner directed by the (d) MEETINGS.—The Special Committee the Special Committee shall not be taken Committee on Rules and Administration of may sit and act at any time or place during into account for the purposes of paragraph the Senate. Amounts made available under sessions, recesses, and adjournment periods (4) of rule XXV of the Standing Rules of the this subsection shall be expended in accord- of the Senate. Senate. ance with regulations prescribed by the Com- (d) CHAIRMAN AND RANKING MEMBER.—The SEC. ll07. REPORTS. mittee on Rules and Administration of the chairman of the Special Committee shall be (a) INITIAL REPORT.—The Special Com- Senate. designated by the majority leader of the Sen- mittee shall submit to the Senate a report SEC. ll09. TERMINATION. ate, and the ranking member of the Special on the investigation conducted pursuant to The Special Committee shall terminate on Committee shall be designated by the minor- section ll03 not later than 270 days after February 28, 2007. ity leader of the Senate. the appointment of the Special Committee SEC. ll10. SENSE OF SENATE ON CERTAIN (e) QUORUM.— members. CLAIMS REGARDING THE COALITION (1) REPORTS AND RECOMMENDATIONS.—A ma- (b) UPDATED REPORT.—The Special Com- PROVISIONAL AUTHORITY. jority of the members of the Special Com- mittee shall submit an updated report on It is the sense of the Senate that any claim mittee shall constitute a quorum for the pur- such investigation not later than 180 days of fraud, waste, or abuse under the False pose of reporting a matter or recommenda- after the submission of the report under sub- Claims Act that involves any contract or tion to the Senate. section (a). spending by the Coalition Provisional Au- (2) TESTIMONY.—One member of the Special (c) ADDITIONAL REPORTS.—The Special thority should be considered a claim against Committee shall constitute a quorum for the Committee may submit any additional re- the United States Government. purpose of taking testimony. port or reports that the Special Committee (3) OTHER BUSINESS.—A majority of the considers appropriate. SA 1671. Mr. DEWINE (for himself, members of the Special Committee, or 1⁄3 of (d) FINDINGS AND RECOMMENDATIONS.—The Mr. VOINOVICH, Mr. ALLEN, Mr. WAR- the members of the Special Committee if at reports under this section shall include find- NER, and Mrs. MURRAY) submitted an least one member of the minority party is ings and recommendations of the Special amendment intended to be proposed by present, shall constitute a quorum for the Committee regarding the matters considered him to the bill H.R. 2862, making ap- purpose of conducting any other business of under section ll03. the Special Committee. (e) DISPOSITION OF REPORTS.—Any report propriations for Science, the Depart- SEC. ll05. RULES AND PROCEDURES. made by the Special Committee when the ments of State, Justice, and Com- (a) GOVERNANCE UNDER STANDING RULES OF Senate is not in session shall be submitted to merce, and related agencies for the fis- SENATE.—Except as otherwise specifically the Clerk of the Senate. Any report made by cal year ending September 30, 2006, and

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9860 CONGRESSIONAL RECORD — SENATE September 8, 2005 for other purposes; which was ordered Kennedy, Schumer, Durbin, Feinstein; DeWine—NASA, Dodd—First responders, to lie on the table; as follows: S. , Personal Data Privacy and Secu- Dorgan—Military contracting abuses, Dur- bin—Relevant, Durbin—Relevant, Ensign— On page 170, between lines 9 and 10, insert rity Act of 2005, Specter, Leahy, Fein- NSF Funding, Feingold—Relevant, Fein- the following: gold; S. 751—Notification of Risk to stein—Methamphetamines, Frist—Relevant, SEC. 304. Of the amounts appropriated or Personal Data Act, Feinstein, Kyl; S. Frist—Relevant, Frist—Relevant to any C/A otherwise made available by this title under 1326—Notification of Risk to Personal 208 onlist, Frist—Relevant to any on list, the heading ‘‘NATIONAL AERONAUTICS AND Data Act, Sessions; S. 155—Gang Pre- Grassley—Strike Authorizing Language, SPACE ADMINISTRATION’’, $906,200,000 shall be vention and Effective Deterrence Act Grassley—Strike Authorizing Language, available for aeronautics research and devel- Grassley—Strike Authorizing Language, opment programs of the National Aero- of 2005, Feinstein, Hatch, Grassley, Grassley—Strike Authorizing Language, nautics and Space Administration. Cornyn, Kyl, Specter; S. 1086—A Bill to Improve the National Program to Reg- Grassley—Strike Authorizing Language, f ister and Monitor Individuals Who Grassley—Strike Authorizing Language, Grassley—Strike Authorizing Language, AUTHORITY FOR COMMITTEES TO Commit Crimes Against Children or MEET Inouye—USF ADA violations. Sex Offenses, Hatch, Biden, Schumer; Kennedy—Red tide, Kerry—Small Busi- COMMITTEE ON BANKING, HOUSING, AND URBAN S. 596—Jetseta Gage Prevention and ness, Kyl—Internet Gambling, Kyl—Docu- AFFAIRS Deterrence of Crimes Against Children ment Fraud Investigation, Kyl—SCAAP, Mr. COCHRAN. Mr. President, I ask Act of 2005, Grassley, Kyl, Cornyn. Landrieu—Relevant, Landrieu—Relevant, unanimous consent that the Com- The PRESIDING OFFICER. Without Leahy—Relevant, Leahy—Relevant, Leahy— mittee on Banking, Housing, and objection, it is so ordered. Relevant, Lieberman—Disaster financial relief, Lott—Natl. Marine Fisheries Service, Urban Affairs be authorized to meet f Managers’ Amendment, Martinez—Relevant, during the session of the Senate on PRIVILEGE OF THE FLOOR McCain—SOS, Mikulski—Managers’ Amdt., September 8, 2005, at 10 a.m., to con- Mikulski—Relevant, Mikulski—Relevant, duct a hearing on ‘‘Examining the Mr. COCHRAN. Mr. President, I ask Mikulski—Relevant to list, Nelson (FL)— Commodity Futures Modernization Act unanimous consent that the following NWS office consolidation. of 2000 and recent market.’’ staff members be granted the privilege Nelson (NE)—Bankruptcy trustee, The PRESIDING OFFICER. Without of the floor during the consideration of Obama—Justice assistance grants 900M, objection, it is so ordered. H.R. 2862, the Commerce-Justice- Pryor—FTC Gas prices, Reid—Relevant, Science appropriations bill: Jill Sha- Reid—Relevant, Reid—Relevant to any on COMMITTEE ON FOREIGN RELATIONS piro Long, Allen Cutler, and Gabrielle list, Reid—Relevant to any on list, Reid—Do- Mr. COCHRAN. Mr. President, I ask mestic violence, Roberts—FBI Funding, Batkin. Salazar—Science Education funding, Sala- unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Foreign Relations be author- zar—Methamphetamines/DEA, Salazar— objection, it is so ordered. Katrina, Schumer—Cell Phone privacy, ized to meet during the session of the Mr. COCHRAN. Mr. President, I also Senate on Thursday, September 8, 2005, Schumer—Tax deduction for Katrina vic- ask unanimous consent that Art Cam- tims, Schumer—Relevant, Schumer—Rel- at 2 p.m., to hold a hearing on Nomina- eron, who is detailed to our Appropria- evant, Schumer—Relevant, Snowe—SBA, tions. tions Committee staff from the Treas- Snowe—SBA, Snowe—SBA, Stabenow— The PRESIDING OFFICER. Without ury Department, and Kate Fitzpatrick Interoperable communications, Sununu— objection, it is so ordered. be granted the privilege of the floor Eminent Domain/Economic Development, COMMITTEE ON HEALTH, EDUCATION, LABOR, Talent—Relevant, Talent—Relevant, Tal- during the consideration of H.R. 2862, ent—Relevant, Wyden—NASA NSF Title 9. AND PENSIONS the Commerce-Justice-Science appro- Mr. COCHRAN. Mr. President, I ask priations bill. f unanimous consent that the Com- The PRESIDING OFFICER. Without mittee on Health, Education, Labor, objection, it is so ordered. AUTHORITY TO SIGN ENROLLED and Pensions be authorized to hold a Mr. HARKIN. Mr. President, I ask BILLS hearing during the session of the Sen- unanimous consent that Lindsay Jones ate on Thursday, September 8, 2005 at of my staff be granted the privilege of Mr. FRIST. Mr. President, I ask 10 a.m., in SD–106. the floor for the duration of today’s unanimous consent that on Thursday, The PRESIDING OFFICER. Without session. September 8, 2005, the majority leader objection, it is so ordered. The PRESIDING OFFICER. Without be authorized to sign duly enrolled COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. bills. AND PENSIONS The PRESIDING OFFICER. Without f Mr. COCHRAN. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- UNANIMOUS CONSENT mittee on Health, Education, Labor, AGREEMENT—H.R. 2862 f and Pensions meet in executive session Mr. FRIST. Mr. President, I ask during the session of the Senate on unanimous consent that other than the UNANIMOUS CONSENT Thursday, September 8, 2005 at 3 p.m. pending amendments, the only remain- AGREEMENT—S.J. RES. 20 in SD–106. ing first-degree amendments to H.R. Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without 2862, the Commerce-Science-Justice ap- unanimous consent that on Monday, objection, it is so ordered. propriations bill, be the following list September 12, at 5:30 p.m., the Senate COMMITTEE ON THE JUDICIARY that I send to the desk; provided fur- proceed to a period for morning busi- Mr. COCHRAN. Mr. President, I ask ther, that they be subject to second-de- ness for 1 hour with the time equally unanimous consent that the Com- gree amendments which are relevant to divided between Senator INHOFE or his mittee on the Judiciary be authorized the first-degree amendment to which designee and Senator REID or his des- to meet to conduct a markup on Thurs- they are offered. ignee, and that following the use or day, September 8, 2005 at 9:30 a.m. in The PRESIDING OFFICER. Without yielding back of time, the Senate pro- Senate Dirksen Office Building Room objection, it is so ordered. ceed to a vote on the motion to proceed 226. The list of amendments is as follows: to Calendar No. 167, S.J. Res. 20. I fur- Baucus—EDA, Baucus—EDA, Baucus— ther ask consent that if the motion to Agenda EDA, Bingaman—Methamphetamine edu- proceed is agreed to, the statutory I. Nominations: Kenneth L. cation, Boxer—Katrina, Boxer—Katrina, time limit be reduced to 2 hours equal- Wainstein to be United States Attor- Boxer—Relevant, Boxer—Relevant, Bun- ly divided, and that following the use ney for the District of Columbia. ning—Relevant, Byrd—Relevant, Byrd—Rel- or yielding back of time, the joint reso- II. Bills: S. 1088—Streamlined Proce- evant, Byrd—Relevant to list, Cantwell—Ice lution be read a third time and the breakers, Cantwell—Methamphetamines, dures Act of 2005, Kyl, Cornyn, Grass- Cantwell—Methamphetamines, Clinton— Senate proceed to a vote on passage of ley, Hatch; S. 1197—Violence Against Katrina Commission, Clinton—FEMA Re- the resolution. Women Act of 2005, Biden, Hatch, Spec- form, Conrad—Relevant, Conrad—Relevant, The PRESIDING OFFICER. Without ter, Leahy, DeWine, Kohl, Grassley, Conrad—JAG formula change. objection, it is so ordered.

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9861 AMENDING THE NATIONAL FLOOD the motion to proceed to S.J. Res. 20, a portant for both our colleagues and the INSURANCE ACT OF 1968 resolution of disapproval. That vote American people to know that we are Mr. FRIST. Mr. President, I ask will occur at 6:30 p.m., and additional working on each of these three ele- unanimous consent that the Senate votes are possible into the evening. ments with immediate action which re- proceed to the immediate consider- Mr. President, in closing, this has quires expeditious consideration on the ation of Calendar No. 189, H.R. 804. been a challenging week for the entire floor of the Senate; secondly, rebuild- The PRESIDING OFFICER. The country and, indeed, for the Senate as ing and reconstruction to an even more clerk will report the bill by title. we have responded in an expeditious modern and revitalized and very excit- The legislative clerk read as follows: way to this natural disaster that the ing future for the Gulf States; and thirdly, to investigate and analyze A bill (H.R. 804) to exclude from consider- Nation has witnessed unfolding. We ap- ation as income certain payments under the proached our response in the Senate at what went wrong. national flood insurance program. three different levels or three different We will continue with all of that over the course of the evening and tomor- There being no objection, the Senate phases or three different elements. row and through the weekend, and ev- proceeded to consider the bill. The first is this immediate action for erybody will keep pulling together and Mr. FRIST. Mr. President, I ask relief and recovery, immediate re- acting in the best interest of the Amer- unanimous consent that the bill be sponse, quick action, considering legis- ican people, with our thoughts and read a third time and passed, the mo- lation brought to the floor and setting prayers going out to those people who tion to reconsider be laid upon the other business aside to address that have been so dramatically affected, table, and that any statements relating important immediate response. We will continue to do that over the along with the States, and who are now to the bill be printed in the RECORD. The PRESIDING OFFICER. Without course of the next week and the week spread all over the United States of objection, it is so ordered. after that to make sure we address the America. The bill (H.R. 804) was read the third needs that must be addressed at the f Federal level through this body to fa- time and passed. ADJOURNMENT UNTIL 9:30 A.M. cilitate the response to the disaster, fo- f TOMORROW cusing, of course, first and foremost on AUTHORITY TO SUBMIT TRIBUTES the safety and welfare of the victims. Mr. FRIST. Mr. President, if there is TO CHIEF JUSTICE REHNQUIST Other immediate action was the $10.5 no further business to come before the Mr. FRIST. Mr. President, I ask billion that we passed last Thursday Senate, I ask unanimous consent that unanimous consent that Senators be night and then the $51.8 billion that we the Senate stand in adjournment under permitted to submit tributes to Chief passed tonight, which will be signed the previous order. There being no objection, the Senate, Justice Rehnquist for the RECORD until here shortly and signed by the Presi- at 8:12 p.m., adjourned until Friday, September 30, 2005, and that all trib- dent within the next hour or so. September 9, 2005, at 9:30 a.m. utes be printed as a Senate document. Another example is the Federal The PRESIDING OFFICER. Without courts relief bill that we passed so that f objection, it is so ordered. Louisiana Federal courts could be up NOMINATIONS and running with appropriate sites. f Executive nominations received by The second phase that is ongoing is the Senate September 8, 2005: ORDERS FOR FRIDAY, SEPTEMBER the consideration of rebuilding, recon- 9, 2005 struction, and this involves consider- DEPARTMENT OF AGRICULTURE ation of a whole range of issues CHARLES R. CHRISTOPHERSON, JR., OF TEXAS, TO BE Mr. FRIST. Mr. President, I ask CHIEF FINANCIAL OFFICER, DEPARTMENT OF AGRI- unanimous consent that when the Sen- through not all but most of our com- CULTURE, VICE EDWARD R. MCPHERSON, RESIGNED. ate completes its business today, it ad- mittees, in terms of redevelopment DEPARTMENT OF ENERGY journ until 9:30 a.m., on Friday, Sep- with strong economic incentives to EDWARD F. SPROAT III, OF PENNSYLVANIA, TO BE DI- tember 9. I further ask that following capture the dynamism and the power of RECTOR OF THE OFFICE OF CIVILIAN RADIOACTIVE WASTE MANAGEMENT, DEPARTMENT OF ENERGY, VICE the prayer and pledge, the morning the private sector in partnership with MARGARET S. Y. CHU, RESIGNED. hour be deemed expired, the Journal of the public sector. EXECUTIVE OFFICE OF THE PRESIDENT proceedings be approved to date, the It is going to take the strength of the DALE W. MEYERROSE, OF INDIANA, TO BE CHIEF INFOR- time for the two leaders be reserved, public and the private sector working MATION OFFICER, OFFICE OF THE DIRECTOR OF NA- and the Senate resume consideration of together to accomplish that successful TIONAL INTELLIGENCE. (NEW POSITION) H.R. 2862, the Science-Commerce-Jus- rebuilding and reconstruction of a part IN THE COAST GUARD of the country that can return and will THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT tice appropriations bill. IN THE UNITED STATES COAST GUARD TO THE GRADE IN- The PRESIDING OFFICER. Without return with a much more modern and DICATED UNDER TITLE 14, U.S.C., SECTION 271: objection, it is so ordered. revitalized future, a future that is ac- To be rear admiral (lower half) f tually very exciting as we look to the CAPT. WILLIAM D. BAUMGARTNER, 0000 rebuilding and reconstruction, some- CAPT. MANSON K. BROWN, 0000 PROGRAM CAPT. JOHN S. BURHOE, 0000 thing to which the Governor, local offi- CAPT. WAYNE E. JUSTICE, 0000 Mr. FRIST. Mr. President, tomorrow, cials, and the Federal Government are CAPT. DANIEL B. LLOYD, 0000 CAPT. ROBERT C. PARKER, 0000 the Senate will resume consideration committed. CAPT. BRIAN M. SALERNO, 0000 of a very important bill, the Com- The third phase is analyzing very THE FOLLOWING NAMED OFFICER FOR APPOINTMENT merce-Justice-Science appropriations carefully what went right but probably TO THE GRADE INDICATED IN THE UNITED STATES bill, a large bill and a bill on which we even more importantly what went COAST GUARD UNDER TITLE 14, U.S.C., SECTION 276: have a number of amendments to be wrong in our response—meaning our To be captain considered and a bill that does have a generic response, everyone’s response— KATHLEEN M. DONOHOE, 0000 direct application to our disaster re- to this natural disaster. Things did not THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT sponse to Katrina. TO THE GRADE INDICATED IN THE UNITED STATES go as well as anyone would like, Ameri- COAST GUARD RESERVES UNDER TITLE 10, U.S.C., SEC- Although there will be no rollcall cans deserve answers, and we will get TION 12203: votes tomorrow, the managers will be to the bottom of that. To be captain here ready to continue with the amend- We have established a bicameral, bi- DAVID K. ALMOND, 0000 ment process and expedite consider- partisan committee with the House and JEFFREY S. BAUER, 0000 ROBERT H. CARMACK, 0000 ation of the bill. We now have a limited the Senate working together to carry SUSAN F. DAIGNAULT, 0000 number of first-degree amendments in out that analysis. In addition, we have DONALD M. HUGHES, 0000 CHARLES R. MARQUIS, 0000 order, and I encourage Senators to designated in this body the Homeland BERNARD T. MORELAND, 0000 come to the floor tomorrow, as well as Security and Governmental Affairs JAMES B. PENNEWELL, 0000 Monday, so that we can complete ac- Committee as the lead committee in JEFFREY SAINE, 0000 IN THE AIR FORCE tion on this bill early next week. oversight. Monday evening, we will have an I mention these three elements be- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR hour of debate followed by a vote on cause with so much activity, it is im- FORCE UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 9801 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9862 CONGRESSIONAL RECORD — SENATE September 8, 2005 To be colonel To be commander GORDON J. GLOVER, 0000 ERIC C. HAUN, 0000 MERRICK E. KRAUSE, 0000 JEANENE L. TORRANCE, 0000 KENT R. HENDRICKS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALEXANDER M. KOHNEN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY D. LENGKEEK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR TO THE GRADE INDICATED IN THE UNITED STATES NAVY FORCE UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL P. LEONARD, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOSHUA B. MALKIN, 0000 To be lieutenant colonel To be lieutenant commander GORDON E. MEEK III, 0000 GREGORY C. MILLER, 0000 ANTHONY E. BARBARISI, 0000 JAMES M. CARRASCO, 0000 ALEXANDER M. MOORE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC M. GARDNER, 0000 TUAN NGUYEN, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR SAMUEL Y. HANAKI, 0000 JASON M. PICARD, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED LISA M. SULLIVAN, 0000 STEPHEN H. PITMAN, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS MARIO R. PORTILLO, 0000 624 AND 531: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY S. POWELL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY NATHANAEL B. PRICE, 0000 To be major UNDER TITLE 10, U.S.C., SECTION 624: RUSSELL C. RANG, 0000 MATTHEW C. RIETHMILLER, 0000 WESLEY A.* ARDT, 0000 To be lieutenant commander THOMAS F. ROBBINS, 0000 MARK T.* ORLOWSKI, 0000 CHARLIE C. BILES, 0000 MARC L. ROULEAU, 0000 STERETT R. PREVOST IV, 0000 CRAIG A. BUIST, 0000 LAURIE SCOTT, 0000 RUSSELL F.* ZAKOLSKI, 0000 DANIEL FELICIANO, 0000 JOHN O. SIMPSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH T. FRIEDMAN, 0000 DANIEL S. SPICER, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR MICHAEL J. GIRGENTI, 0000 NATHANIEL R. STRAUB, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED FRANCIS S. GRIAK, 0000 JEFFREY D. THOMAS, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS BERNETT P. JEFFERS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 624 AND 531: TERRY L. JOHNSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY RICKY A. MCGLADE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: To be major ROSCOE C. PORTER, JR., 0000 JOHN M. ALLEN, 0000 WILLIAM G. WILLIS, 0000 To be lieutenant commander JEFFREY R. BUDDENDECK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOEL D. BASHORE, 0000 ROBERT D. BUZZONE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW J. BEHIL, 0000 JOSEPH H. DONOHOE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: STEVEN M. BELKNAP, 0000 MICHAEL J. LITTLEFIELD, 0000 To be lieutenant commander FLINT M. BLASER, 0000 STEVEN L. REYNOLDS, 0000 BRYAN L. BLYTHE, 0000 JOHN W. WELKER, 0000 STEVEN R. BARSTOW, 0000 ALFRED H. BRANSDORFER, 0000 WALLACE M. YOVETICH, 0000 LAURA J. BENDER, 0000 GABRIEL N. BROWN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH L. COFFEY, 0000 TYSON J. BRUNSTETTER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DENIS N. COX, 0000 JAMES R. CAMPBELL III, 0000 FORCE AND FOR REGULAR APPOINTMENT UNDER TITLE STEVEN L. DUNDAS, 0000 ERIC B. CARLSON, 0000 10, U.S.C., SECTIONS 624 AND 531: ROBERT J. ETHERIDGE, 0000 JOEL W. COOTS, 0000 WILLIS E. EVERETT, 0000 LLOYD V. DAVIS, 0000 To be major CLIFFORD A. FORD, 0000 KATHLEEN E. DITTO, 0000 JUSTUS K. EHLERS, JR., 0000 SEAN D. MCCLUNG, 0000 MICHAEL A. GREEN, 0000 PERRY D. HAAGEN, 0000 RICHARD V. FOLGA, 0000 IN THE ARMY LEILA HAVADTOY, 0000 JOHN P. GAZE, 0000 PHILIP D. KING, 0000 GREGG W. GELLMAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY LOGAN, 0000 HECTOR GONZALEZ, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE JUDY T. MALANA, 0000 MONIQUE C. GOURDINE, 0000 ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 1552: MICHAEL P. MORENO, 0000 PAUL G. HAUERSTEIN, 0000 To be colonel DANNY B. PURVIS, 0000 WILLIAM A. HILL, 0000 SCOTT L. RADETSKI, 0000 TIMOTHY A. JIRUS, 0000 DENNIS J. WING, 0000 ABUHENA M. SAIFULISLAM, 0000 MICHAEL T. KELLEY, 0000 MATTHEW T. STEVENS, 0000 JOHN A. KIRK, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CARL E. TROST, 0000 PAUL E. KLIMKOWSKI, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO DOUGLAS J. VRIELAND, 0000 JULIE K. LANDECKER, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY BRIAN K. WAITE, 0000 MANUEL D. LEAL, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MARK S. WINWARD, 0000 JAMES R. LINDERMAN, 0000 To be colonel CHAD E. MCKENZIE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEVIN J. MORRISON, 0000 KELVIN L. GEORGE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CARLSON D. MOSS, 0000 GERALD W. KETCHUM, 0000 UNDER TITLE 10, U.S.C., SECTION 624: KEITH B. NEWTON, 0000 TIMOTHY L. LAKE, 0000 To be lieutenant commander JENNIFER E. NUSSBAUM, 0000 MARK J. MICHIE, 0000 DOUGLAS K. PARRISH, 0000 DEBORAH A. ROBERTS, 0000 ROBERT P. ANSELM, 0000 RON PERRY, 0000 THOMAS T. COOK, 0000 GUILLERMO PIMENTEL, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF SHANE D. COOPER, 0000 SPRING L. PLIHCIK, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO JULIA W. CRISFIELD, 0000 JOHN P. PORTER, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY DAVID D. FURRY, 0000 HEIKE K. RENTMEISTER-BRYANT, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JENNIE L. GOLDSMITH, 0000 DAVID M. ROCKABRAND, 0000 JAMES E. GOLLADAY II, 0000 JENNIFER E. RUHLMAN, 0000 To be colonel DAVID M. GONZALEZ, 0000 FREDERICK J. SATKOWIAK, 0000 JANICE E. BRUNO, 0000 JOHN A. GUARINO, 0000 TARA N. SMITH, 0000 JEFFERSON S. BURTON, 0000 MELISSA A. HARVISON, 0000 FREDERICK M. STELL, 0000 RANDELL M. CASEY, 0000 BRETT W. JOHNSON, 0000 SONJA L. STEVENSON, 0000 MICHAEL K. DUNN, 0000 WILLIAM C. KUEBLER, 0000 FRANCISCO B. TACLIAD, 0000 CECILIA I. FLORES, 0000 ZOE S. KUGEARES, 0000 ROGER L. TALBOT, SR., 0000 JOHN C. HARRIS, JR., 0000 IRVE C. LEMOYNE, JR., 0000 ROGER A. TALOB, JR., 0000 STEPHEN F. LOGAN, 0000 SUSAN M. MCGARVEY, 0000 TAMARA R. WALKER, 0000 RAYMOND C. MEYER, 0000 JOHN W. MCHENRY III, 0000 CHRISTIAN T. WALLIS, 0000 DAVID P. SHERIDAN, 0000 KEVIN W. MESSER, 0000 CHRISTOPHER A. WEAVER, 0000 STEVEN E. MILEWSKI, 0000 GLENN A. WRIGHT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES T. MILLS, 0000 MEREDITH L. YEAGER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOHN A. MILLS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ROBERT P. MONAHAN, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSHUA P. NAUMAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant colonel ELYSIA G. H. NGBAUMHACKL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM C. DICKEY, 0000 ERIC J. OSTERHUES, 0000 To be lieutenant commander ANDREA K. PICONE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MELISSA POWERS, 0000 JOSEPH H. BECHT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARK P. TILFORD, 0000 MICHAEL L. BLANSCET, 0000 MEDICAL UNDER TITLE 10, U.S.C., SECTION 624: RYAN C. TORGRIMSON, 0000 MICHAEL S. BOOTH, 0000 To be major ANN M. VALLANDINGHAM, 0000 TONI A. BOWDEN, 0000 RANDALL J. VAVRA, 0000 JAMES K. BURNHAM, 0000 LAURA T. WELLS, 0000 IAN S. WEXLER, 0000 RAMON A. CABUNGCAL, 0000 ANDREW T. WILKES, 0000 CYNTHIA A. CARDENAS, 0000 IN THE MARINE CORPS CLAYTON CHEUNG, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CYNTHIA CHINH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY CAMERON H. CONKIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER E. CRECELIUS, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant commander DONALD C. DELISI, 0000 To be lieutenant colonel FREDERICK M. DILLARD, 0000 ARTURO A. ASEO, 0000 SCOTT E. DISTEFANO, 0000 JAMES R. WARIS, 0000 CHRISTOPHER F. BEAUBIEN, 0000 DEBRA S. EDSON, 0000 KEITH K. BENSON, 0000 JAMES R. FARRAR, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARC E. BERNATH, 0000 ERIK A. FEIDER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- STEVEN G. BLANTON, 0000 GEORGE A. GINER, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL J. BRADY, 0000 TUANH C. HALQUIST, 0000 To be lieutenant colonel WILLIAM L. BRECKINRIDGE, 0000 JON J. HAVENSTRITE, 0000 ERIK K. BREITENBACH, 0000 THOMAS B. HINES, JR., 0000 RICHARD T. OSTERMEYER, 0000 AMANDA J. BROOKS, 0000 ANDREW B. HOCKLEY, 0000 IN THE NAVY DANIEL W. COOK, 0000 DANNY J. HOLTZCLAW, 0000 MICHAEL D. CRAFTS, 0000 JANEEN M. HUGHES, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JORGE R. CUADROSIBARRA, 0000 MOLLY A. JENKINS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY KARL R. CUPP, 0000 DAVID W. JONES, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MARIO M. FORTE, 0000 CHRISTOPHER S. KAPLAFKA, 0000

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 9801 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — SENATE S9863 KENNETH MANGANO, 0000 To be lieutenant commander ANTHONY C. BIASCAN, 0000 MICHAEL J. METZ, 0000 JOHN K. BINI, 0000 TIMOTHY B. MEYERS, 0000 DOMINGO B. ALINIO, 0000 NISKA A. BLEVINS, 0000 THOMAS W. MULLEN, 0000 MATTHEW W. AREL, 0000 THOMAS M. BRAXTON, JR., 0000 TRAVIS D. NASH, 0000 KATHY Y. ARTHURS, 0000 MATTHEW T. BRIGGER, 0000 VINH P. NGUYEN, 0000 DEANGELO ASHBY, 0000 CHRISTOPHER D. BROGA, 0000 REBECCA M. ORTENZIO, 0000 HEATHER E. BALDWIN, 0000 CHRISTIN M. BROWN, 0000 NANCY M. OSBORNE, 0000 TIMOTHY G. BELLOTT, 0000 MATTHEW W. BROWN, 0000 MATTHEW M. PARKER, 0000 ROBERT J. BOLDIN, 0000 GARY W. BRUNETTE, 0000 BETANCOURT J. H. PARRA, 0000 WILLIAM E. BOUCEK, 0000 CYNTHIA M. BRYANT, 0000 JOHVIN PERRY, 0000 JOHN S. BRAMBLETT, 0000 ROBERT J. CARPENTER III, 0000 ANTON PETRICH, 0000 SYNEEDA P. BREWER, 0000 WILLIAM K. CARSON, 0000 ANGELA E. PINKERTON, 0000 WRAY W. BRIDGER, 0000 JOHN B. CASON, 0000 SEPEHR RAJAEI, 0000 SYLVESTER BROWN, JR., 0000 MICHAEL R. CATHEY, 0000 CHADWICK M. SARGENT, 0000 TIMOTHY A. BROWN, 0000 WILLIAM K. CHIN, 0000 ERIC F. SCHOENEBECK, 0000 NOEL J. CABRAL III, 0000 BELINDA T. CLANOR, 0000 RODNEY V. SCOTT, 0000 TROY D. CARR, 0000 BRADLEY J. CLARKE, 0000 DET R. SMITH, 0000 NICOLE L. CHAMBERS, 0000 DEBRA A. CLARKE, 0000 JACK D. SMITH, 0000 TOBIAS CHAPPELL, 0000 MICHAEL G. CLARKE, 0000 STEVE L. STALLINGS, 0000 ERIC J. CHOWNING, 0000 LOUIS T. COHEN, 0000 STEPHEN J. STERLITZ, 0000 VICTOR J. CINTRONNATAL, 0000 DANIEL E. COOPER, 0000 GLENN A. STOCKMAN, 0000 WILLIAM CLARK, 0000 ERICA V. COOPER, 0000 PETER A. VELLIS, 0000 DOYNE D. CLEM, 0000 MARK D. CORRIERE, 0000 WILLIAM O. WILSON, JR., 0000 LOUIS A. COSTA, 0000 JUAN C. DAPENA, 0000 ADAM K. WYATT, 0000 STUART M. DAY, 0000 DERIK L. DAVIS, 0000 STEPHEN S. YUNE, 0000 CHARLES F. DETWILER, 0000 KONRAD L. DAVIS, 0000 CALVIN ZHAO, 0000 ALTHEA C. DEWAR, 0000 GRAY N. DAWSON, 0000 SHANE C. DIETRICH, 0000 MARIA L. DELIMA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD J. DIXON, JR., 0000 MICHAEL L. DEVAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN K. DODSON, 0000 JOHN J. DEVLIN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: WALTER B. EGGE IV, 0000 RANDOLF D. DIPP, 0000 To be lieutenant commander BRIE GALLAGHER, 0000 ERIN A. DONOVAN, 0000 ROY M. GARRISON, 0000 BRENDON G. DREW, 0000 MARIA C. ALBERTO, 0000 JONATHAN GRAY, 0000 MARK E. EATON, 0000 ANDRE K. ALLEN, 0000 TIMOTHY R. GRIFFIN, 0000 JILL E. EMERICK, 0000 JOHANNES M. BAILEY, 0000 JEFFREY S. HEDRICK, 0000 DAVID K. EPSTEIN, 0000 MARK E. BAKER, 0000 DAMON B. HEEMSTRA, 0000 JACQUELINE EUBANY, 0000 ANTHONY G. BALDWINVOEKS, 0000 FREDERICK D. HIGGS, 0000 MARTHA E. FAGAN, 0000 MELISSA A. BARNETT, 0000 ALBERT L. HORNYAK, 0000 JONATHAN A. FORSBERG, 0000 HARVEY S. BECKMAN, 0000 BRIAN T. JETER, 0000 STEPHEN L. FOSTER, 0000 RONALD J. BOYD, 0000 JASON M. JOHNSON, 0000 CHRISTEN P. FRAGALA, 0000 RICHARD D. BOYER, 0000 MICHAEL C. JOHNSON, 0000 MALCOLM B. FRANKLIN, 0000 TIMOTHY E. BRODERICK, 0000 WESLEY P. JOHNSON, 0000 KELLY K. FRIEDMAN, 0000 RAUL J. CARRILLO, 0000 WILLIAM R. JORDAN III, 0000 LEE E. FRIEDMAN, 0000 ROSEANNA A. CHANDLER, 0000 BRUCE KONG, 0000 TRACY A. FRITZ, 0000 DARREN J. COUTURE, 0000 DAVID E. KUNSELMAN, JR., 0000 DIANA C. FU, 0000 WILLIAM D. COVILL, 0000 MARK C. KUTIS, 0000 DAVID M. FURLONG, 0000 CRAIG A. CUNNINGHAM, 0000 EDDIE D. LEE, 0000 CURTIS W. GABALL, 0000 ROGER D. DAVIS, JR., 0000 SCOTT D. LOGAN, 0000 DANIEL W. GABIER, 0000 LAURA D. DEATON, 0000 MANUEL X. LUGO, 0000 ROBERT J. GAINES, JR., 0000 WILBER C. DELORME, 0000 BRYAN C. LUNDGREN, 0000 KENNETH J. GALECKAS, 0000 EVA S. DOMOTORFFY, 0000 CHRISTIAN M. MAHLER, 0000 TODD A. GARDNER, 0000 IGNACIO P. DONEZ, 0000 RONALDO M. MANALANG, 0000 ANGELA L. GODEJOHN, 0000 JOYCE M. DOYLE, 0000 BOBBY J. MARTINEZ, 0000 ERINNE A. GRAHAM, 0000 REID T. M. DUNBAR, 0000 ROBERT S. MAZZARELLA, 0000 ADOLFO GRANADOS, JR., 0000 JUNIUS E. DURAL, JR., 0000 MICHAEL C. MCCORMACK, 0000 THOMAS R. GRANT, 0000 TERESITA S. Y. ELSTER, 0000 DEIRDRE M. MCGOVERN, 0000 JUSTIN S. GREEN, 0000 MELISSA A. FARINO, 0000 JOSHUA H. MCKAY, 0000 LAURA K. GRUBB, 0000 JEAN F. FISAK, 0000 DAVID A. MCNUTT, 0000 SHERRY A. GUARDIANO, 0000 DIANE G. FRANKLIN, 0000 ROBERT L. MERRITT, 0000 TODD A. GUTH, 0000 JOHN P. HAMILTON, 0000 JASON T. MORRIS, 0000 CATHERINE E. HAGAN, 0000 ANGELA A. HARBER, 0000 LISA M. MORRIS, 0000 JENIFER D. HAGUE, 0000 GAYLE L. HARRIS, 0000 TROY C. MORSE, 0000 STEPHAN K. HANSES, 0000 RONDA L. HARTZEL, 0000 JAMES H. MURPHY, 0000 DANIEL B. HAWLEY, 0000 JEREMY J. HAWKER, 0000 TODD A. NELMS, 0000 JUSTIN W. HEIL, 0000 GREGORY M. HEMELT, 0000 MARK J. PEACE, 0000 ELISE R. HOFF, 0000 EILENE R. F. HERRERA, 0000 JOEL P. PITEL, 0000 EWELL M. HOLLIS, 0000 BECKY J. HIGGINSON, 0000 MARCUS L. POPE, 0000 CARINA C. HOPEN, 0000 RHONDA O. HINDS, 0000 MICHAEL W. POWELL, 0000 CHADLEY R. HUEBNER, 0000 DIANE K. HITE, 0000 FRANKIE RIOS, 0000 NATHAN C. JOHNSON, 0000 SUZETTE INZERILLO, 0000 DAVID L. RODDY, 0000 JACQUELINE R. JONES, 0000 JOEL A. JOCO, 0000 MICHAEL R. RODMAN, 0000 SEON JONES, 0000 GREGORY S. JONES, 0000 KENNETH W. RYKER III, 0000 JULIANNA P. L. KECK, 0000 DAVID A. KEATING, 0000 LLOYD W. SAUNDERS, 0000 JEFFREY J. KEYTE, 0000 TERESA L. KEATING, 0000 CORY D. SCHEMM, 0000 MIN K. KIM, 0000 MARIA KELCHNER, 0000 ROBERT S. SCOTT, 0000 AARON A. KING, 0000 ROGER C. LANKHEET, JR., 0000 MARK SHEFFIELD, 0000 BRIAN S. KING, 0000 CLINT A. LEMAIRE, 0000 LAMAL D. SHEPPARD, 0000 JULIE S. KING, 0000 DRU A. MACPHERSON, 0000 ROBERT M. SIMMS, 0000 ANA C. KRAKUSIN, 0000 DELTHENIA T. MAHONE, 0000 DANA L. K. SMITH, 0000 ELAINE B. KREJCI, 0000 SUSAN E. MALIONEK, 0000 TISHA D. SMITH, 0000 JULIE A. KRUMREICH, 0000 CLYDE D. MARTIN, JR., 0000 JAMES C. STATLER, 0000 KEVIN M. KUHN, 0000 ALISON H. MARTZ, 0000 SHANE P. STROHL, 0000 MARK E. LAMBERT, 0000 DAVID A. MELVIN, 0000 SALEEM K. TAFISH, 0000 ROBERT J. LANGENFELD, 0000 DANIEL N. MEYERHUBER, 0000 SHIKINA M. TELLIS, 0000 DUANE M. LAWRENCE, 0000 DEBRA M. G. MURRAY, 0000 JOHNETTA C. THOMAS, 0000 KRISTEN M. LEWIS, 0000 DANIEL S. NEAL, 0000 STEVEN M. THORN, 0000 JANIE C. LIAO, 0000 ELIZABETH A. NEPTUNE, 0000 ANGELA S. S. TORRES, 0000 ANDREW H. LIN, 0000 KENDRA K. NOWAK, 0000 RONNIE D. TRAHAN, JR., 0000 VICTOR S. LIN, 0000 JEFFREY J. POOL, 0000 KADIATOU F. TRAORE, 0000 ROBIN W. LINDSAY, 0000 ELIZABETH L. A. PORTER, 0000 SCOTT E. VANVOORHEES, 0000 WILFRED A. LUMBANG, 0000 MARK A. REYES, 0000 CHRISTOPHER A. WALDRON, 0000 ERIK J. LUNDQUIST, 0000 MATTHEW L. RIVERA, 0000 STEPHEN M. WILSON, 0000 TODD J. LUYBER, 0000 JAIME J. SALAZAR, 0000 JAMES Y. WONG, 0000 COREY J. LYON, 0000 ROBERT C. SANDERS, 0000 LAGENA K. G. YARBROUGH, 0000 WILLIAM M. LYTKOWSKI, 0000 ROBERTO SANJUAN, 0000 CHRISTOPHER R. ZEGLEY, 0000 ANTOINETTE M. MARENGO, 0000 VIRGINIA L. SCHMIED, 0000 ROBERT G. MARIETTA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANNA M. SCHWARZ, 0000 JAMES C. MARSH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MITCHELL J. SEAL, 0000 GERALD A. MASTAW, JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOHN M. SHARRETTS, 0000 CARTER J. MAURER, 0000 CHRISTINE SNOWDEN, 0000 To be lieutenant commander MITCHELL S. MCCLURE, 0000 PAULINE M. STAJNER, 0000 BRIAN P. MCCOY, 0000 ANDY S. STECZO, 0000 MIGUEL A. AGUILERA, JR., 0000 SHANNON M. MCDONNELL, 0000 SARAH L. STEVICK, 0000 JOEL A. AHLGRIM, 0000 MICHAEL P. MCDOWELL, 0000 DAVID J. STEWART, 0000 PETER S. AIREL, 0000 JOEL T. MCFARLAND, 0000 DONALD T. SYLVESTER, 0000 MARIE E. ALDEN, 0000 PETER C. MCGOWAN, 0000 CHARLES S. TROTTER, 0000 CHRISTOPHER A. ALFONZO, 0000 SEAN F. MCGRATH, 0000 GABRIELE E. B. TSUNG, 0000 JAY E. ALLARD, 0000 TIMOTHY P. MCGRATH, 0000 TAMERA K. TUTTLE, 0000 NATHANIEL B. ALMOND, 0000 JOEL R. METZGER, 0000 LANA L. VANVOORHEES, 0000 ERIC L. ANDERSON, 0000 DOUGLAS C. MILLER, 0000 JOHN E. VOLK, 0000 MICHELLE G. ARNOLD, 0000 ALLISON H. MINARCIK, 0000 GAYLE L. WALKER, 0000 ALEX L. AUBIN, 0000 JOHN R. MINARCIK, 0000 LADAWN J. WHITE, 0000 ERIN K. BALOG, 0000 AMIR MIODOVNIK, 0000 MICHAEL R. BAYDARIAN, 0000 ARASH MOHTASHAMIAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ESTHER R. BEALLANDIS, 0000 STACEY M. MONACO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DARREN S. BEASLEY, 0000 MICHELE P. MORRISON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ROBERT M. BETTIS, 0000 DAVID L. MOULTON, 0000

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 9801 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9864 CONGRESSIONAL RECORD — SENATE September 8, 2005

JAMES J. MUCCIARONE, 0000 CYNTHIA F. CAMPBELL, 0000 DONALD L. MEDLEY, 0000 FRANK E. MULLENS, 0000 JOSEPH F. CAMPBELL, 0000 RICHARD L. MENARD, 0000 MATTHEW S. MULLER, 0000 MICHAEL J. CAMPBELL, 0000 LAREAVA S. MESCHINO, 0000 ANDREW D. MULLINS, 0000 JOHN D. CAPWELL, 0000 MICHAEL P. MILLER, 0000 DANIEL D. MUNN, 0000 BRIAN J. CEBRIAN, 0000 BRIAN A. MINARD, 0000 GUILLERMO A. NAVARRO, 0000 MICHAEL E. CHAPMAN, 0000 JEFFREY S. MOORE, 0000 MATTHEW W. NEWMAN, 0000 JAMES CHASTAIN, 0000 ROGER E. MORRIS, 0000 HUONG D. NGUYEN, 0000 MICHAEL T. CHERRY, 0000 MICHAEL W. NIELSEN, 0000 ALAN M. CHUDERSKI, 0000 PETER R. MOSS, 0000 TRACY A. NOVOSEL, 0000 CHARLES M. CLANAHAN, 0000 JOHN J. MOTT, 0000 TODD J. OCHSNER, 0000 GREGORY D. CLECKLER, 0000 DAVID J. MURRAY, 0000 TIMOTHY R. OELTMANN, 0000 SEAN T. CLEVENGER, 0000 RICHARD K. MURTLAND, 0000 RODNEY OMRON, 0000 JAMES M. COLEMAN, 0000 EDGARDO R. NARANJO, 0000 SUGAT K. PATEL, 0000 PATRICK CONROY, 0000 JEREMY P. NEWMAN, 0000 AARON A. PATTERSON, 0000 REY S. CORPUZ, 0000 TIMOTHY M. NICHOLSON, 0000 MATTHEW B. PATTERSON, 0000 CHARLES S. CORYELL, 0000 ROBERT J. NICOLOSI, 0000 UDAY K. PAUL, 0000 ROBERT D. COSBY, 0000 KEVIN B. OBRIEN, 0000 WILLIAM D. PEFFLEY, 0000 EARL K. COWAN, JR., 0000 MICHAEL J. ONEILL, 0000 SCOTT D. PENNINGTON, 0000 FREDERICK L. COX, 0000 ERNEST W. OSBORN, 0000 WINNIE M. J. POLEN, 0000 RAY D. COX, JR., 0000 CHERYL A. OUTLAW, 0000 JUSTIN R. RACHT, 0000 REGINA M. COX, 0000 ANN E. RADFORD, 0000 KENNETH J. CREGAR, JR., 0000 MORRIS OXENDINE, 0000 ROBERT L. RICCA, 0000 STEVEN D. CUMBER, 0000 JAMES J. PARENTE, 0000 GLENN R. RICHARD, 0000 DAVID A. CVITANOVICH, 0000 FRANCISCO PARRA, 0000 JOHN R. RINGQUIST, 0000 ROBERT G. DALTON, 0000 WILLIAM L. PARTINGTON, 0000 MICHAEL E. RUDISILE, 0000 SCOTT R. DANCER, 0000 JAMES A. PATTERSON, 0000 NATHANIEL J. RUTTIG, 0000 ALAN D. DAVIS, 0000 YOUNZETTA O. PAULK, 0000 PATCHO N. SANTIAGO, 0000 GLENN W. DEAL, 0000 DAVID A. PEARSON, 0000 ADAM K. SAPERSTEIN, 0000 RICARDO DELBREY, 0000 TODD S. PERRY, 0000 BETTINA M. SAUTER, 0000 KENNETH L. DEMICK, JR., 0000 ROBERT C. PETERSEN, 0000 WILLIAM M. SAUVE, 0000 GINO F. DINVERNO, 0000 THOMAS A. PHILLIPS, 0000 ROLF K. SCHMIDT, 0000 JAMES P. DOOLEY, 0000 ANITA L. PIERCE, 0000 TRENT A. SCHUENEMAN, 0000 KEVIN V. DOWD, 0000 ALLEN PINKERTON, 0000 PATRICK J. SCHUETTE, 0000 ARNEL M. DUARTE, 0000 CYNTHIA M. SCHULTZ, 0000 ERIC E. DUNN, 0000 ROBERT M. PITKIN, 0000 RUTH E. SCRANO, 0000 MICHAEL N. DUNN, 0000 CALVIN E. PONTON, 0000 SCOTT D. SEGAL, 0000 DAVID DWYER, 0000 RICHARD J. POOL, 0000 MICHAEL P. SHUSKO, 0000 JAMES S. DYE, 0000 JOHN W. POPHAM, 0000 KURT M. SNYDER, 0000 MICHAEL A. DYER, 0000 DWAYNE A. RASH, 0000 KENNETH Y. SON, 0000 THOMAS W. EASON, 0000 JAMES E. RAULSOME, 0000 TRACEY L. STEFANON, 0000 GARY E. EDGAR, 0000 THOMAS S. REA, 0000 KRISTIN R. STEUERLE, 0000 KEITH S. FARRAR, 0000 DANIEL F. REESE, 0000 ERIK J. STORLIE, 0000 DEWEY K. FELLERS, 0000 L. J. REGELBRUGGE III, 0000 ALAN L. STRICOFF, 0000 STANLEY G. FERGUSON, 0000 DAVID J. REILLY, 0000 BRIAN P. STRUYK, 0000 KEVIN R. FORBES, 0000 JOE S. RENELLA, 0000 DARRELL FOSTER, 0000 BRIAN J. STUART, 0000 MICHAEL P. RILEY, 0000 MARK R. FOURNIER, 0000 JASON D. SWEET, 0000 ROCKY A. RILEY, 0000 HATTIE M. TAPPS, 0000 SYLVESTER FREDERICK, 0000 EUGENE R. ROBERTS, 0000 CHRISTOPHER M. TEPERA, 0000 WAYNE T. FULLER, 0000 TERRY A. ROBINSON, 0000 MATTHEW M. THOMAS, 0000 GARY L. FUSELIER, 0000 STEPHEN C. THOMAS, 0000 ROWLAND V. GILBERT, JR., 0000 JUAN B. RODRIGUEZ, 0000 KAY A. THOMPSON, 0000 MARC J. GLORIOSO, 0000 MICHAEL ROSENBERRY, 0000 VALERIE A. TOKARZ, 0000 JOHN J. GOFF, 0000 MICHAEL J. ROTH, 0000 BRENDAN T. TRIBBLE, 0000 CURTIS L. GOSHEN, 0000 CURNESS P. RUSSELL, 0000 TRICIA E. VANWAGNER, 0000 BUNN F. GRAY, 0000 MARKIEST D. SANDERS, 0000 HEATHER J. VENTURA, 0000 RICHARD V. GREEN, 0000 JEFFRY A. SANDIN, 0000 JOHN W. VINCENT, 0000 JEFFREY D. GRISHAM, 0000 STACEY J. SCHLOSSER, 0000 GINA R. VIRGILIO, 0000 MITCHELL P. GROSS, 0000 SCOTT B. SCHNEEWEIS, 0000 MATTHEW E. VOGT, 0000 JAY P. GULLEY, 0000 ANDREA L. SCHREIBER, 0000 BRADFORD S. VOLK, 0000 CHRISTOPHER D. HADEN, 0000 FRANK M. SEGUIN, 0000 ERRIKA M. WALKER, 0000 BART D. HALL, 0000 FREDERICK J. SEIGER, 0000 JAMES O. HAMMOND, 0000 DAVID A. WEIS, 0000 MARK S. SHANNON, 0000 DAVID W. HANSELMAN, 0000 NATALIE Y. WELLS, 0000 ROBERT P. SHAW, 0000 TIMOTHY M. WIMMER, 0000 GEORGE R. HAW, 0000 JOHN F. SHEEHAN, 0000 DOUGLAS A. WINSTANLEY, 0000 HARRY E. HAYES, 0000 MICHAEL SHELLENBARGER, 0000 JAMES B. WITKOWSKI, 0000 CHRISTOPHER J. HEALY, 0000 DARYL S. WONG, 0000 ALTON J. HENAULT, 0000 KEITH E. SHIPMAN, 0000 DAVID A. WYCKOFF, 0000 BILLY W. HENDRIX, 0000 HAROLD E. SHUCK, JR., 0000 BARRY K. YOUNG, 0000 ROBERT A. HENLEY, 0000 MELANIE C. SIGAFOOSE, 0000 GORDON J. ZUBROD, 0000 STEVEN HERNANDEZ, 0000 DONALD A. SIGLEY, 0000 WILLIAM C. HESTER, JR., 0000 JOHN S. SILVA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM J. HEWITT, 0000 JEFFREY J. SIMONS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY TRACY L. HINES, 0000 JOHNNIE L. SIMPSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: YVONNE A. HOBSON, 0000 RICKY D. SMALL, 0000 To be lieutenant commander DAVID W. HODGE, 0000 GARY C. SMITH, 0000 RONNIE D. HOLLADAY, 0000 CHRISTOPHER K. SNOWDON, 0000 JAMES W. ADKISSON III, 0000 CLYDE A. HOLMES, 0000 RONALD W. SPAULDING, 0000 AMY R. ALCORN, 0000 DARRELL L. HOOD, 0000 TIMOTHY L. SPAULDING, 0000 ROBERT C. ALLMON, 0000 WILLIAM F. HOWELL, 0000 LARRY R. SPRADLIN, 0000 ROBERT J. ALLSHOUSE, 0000 SCOT M. HUSA, 0000 MICHAEL W. ALTISER, 0000 ALFRED L. IANNACONE, SR., 0000 DAVID A. SPURLOCK, 0000 KENNETH J. ARMAND, 0000 DAVID L. JACOBS, 0000 GEOFFREY L. STAHRE, 0000 MATTHEW E. ARNOLD, 0000 ELLEN M. JARVIS, 0000 ROBERT L. STEVENS, 0000 DANIEL A. AROS, 0000 WESLEY T. JOHNSON, 0000 BARRY O. STOWELL, 0000 BURT H. ARRIGONI, 0000 PRISCILLA M. JUSTINIANO, 0000 LUIS O. SUAREZ, 0000 MARLON A. AUSTIN, 0000 TODD C. KEELING, 0000 ALLEN C. SUMMERALL, 0000 EDUARDO AYALA, JR., 0000 ELMER A. KIEL III, 0000 ANTHONY C. TARANTO, JR., 0000 ROBERT B. BAILEY, 0000 ANTHONY R. KING, 0000 DAVID L. TARWATER, 0000 RONALD C. BAKER, 0000 MATTHEW J. KLEVA, 0000 MICHAEL S. TAYLOR, 0000 MICHAEL W. BAKKER, 0000 JOHN L. KLINE, 0000 DOUGLAS J. THORNTON, 0000 BARRY W. BARROWS, 0000 ROBERT D. KOKRDA, 0000 ARTHUR C. TOEHLKE, 0000 LAWRENCE F. BEALS, 0000 GREG A. KUNTZ, 0000 MICHAEL G. TOPPING, 0000 TOMMY L. BEALS, 0000 PERRY A. LAFOE, 0000 LEONARD TREADWAY, 0000 RICKY A. BEATTY, 0000 HIRAM K. LAMB, 0000 CRAIG L. TRENT, 0000 TODD D. BECKER, 0000 SCOTT R. LANGMYER, 0000 STEPHEN J. TRZCINSKI, 0000 ROBERT A. BEEBE, 0000 JOHN J. LANZONE, 0000 STEPHANIE C. BELCHER, 0000 GARY D. LAROCHELLE, 0000 RENAN J. TULABUT, 0000 WILLIAM D. BELFOUR, 0000 BRYAN L. LEATHERMAN, 0000 TIMOTHY S. TURK, 0000 WILLIAM R. BELL, 0000 MICHAEL L. LEONARD, 0000 JEFFREY L. WADELL, 0000 BRIAN R. BERTHIAUME, 0000 WESLEY C. LEOW, 0000 ALLEN W. WALLACE, 0000 MARLENE A. BEST, 0000 SIM Z. LEVEY, 0000 TERRY L. WALTON, 0000 MARK F. BIBEAU, 0000 THOMAS E. LIPSCOMB, 0000 AARON T. WASHINGTON, JR., 0000 DANIEL R. BILLIG, 0000 BRENT R. LITTON, 0000 LARRY W. WATSON, 0000 KEVIN E. BISSEL, 0000 ANN M. LONGBOY, 0000 STEPHEN D. WHISLER, 0000 BRYAN D. BLANKENSHIP, 0000 ROBERT N. LOPEZ, 0000 DAVID J. WHITE, 0000 RANDY G. BOLLMAN, 0000 MARCIA R. LOVE, 0000 THOMAS N. WHITEHEAD, 0000 GERALD E. BOYD, 0000 JAMES W. LYONS, 0000 JOHN J. WHYTE, JR., 0000 MICHAEL A. BOYTER, 0000 EDGAR MARTINEZ, 0000 MARK R. WILSEY, 0000 KENNETH BRONOKOWSKI, 0000 MICHAEL P. MCCARTHY, 0000 SCOTT J. WOLFE, 0000 BRENT J. BROWN, 0000 MICHAEL L. MCDONALD, 0000 DAVID J. WUESTEWALD, 0000 JIMMY BROWN, 0000 JOEL M. MCELHANNON, 0000 DALE E. YAGER, 0000 MICHAEL D. BRUCE, 0000 JOHNNY D. MCGRAW, 0000 RICHARD M. BUCK, 0000 BRIAN K. MCINTYRE, 0000 RONALD D. YARBER, 0000 RAYMOND W. BURKHARD, 0000 ANTOINETTE L. MCMILLEN, 0000 KENNETH H. YOUNG, 0000 ALICIA K. BURSAE, 0000 JANE E. MCNEELY, 0000 GREGORY C. ZACH, 0000 EDWARD L. CALLAHAN, 0000 EARL F. MCNEIL, JR., 0000 MICHAEL S. ZARTMAN, 0000 CHUCK D. CAMPBELL, 0000 EDGAR W. MCNULTY, 0000 MICHAEL A. ZURICH, 0000

VerDate Mar 15 2010 20:37 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 9801 E:\2005SENATE\S08SE5.REC S08SE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1787 EXTENSIONS OF REMARKS

CONGRATULATIONS TO ERIK C. While words cannot express our grief during are to be commended. The SAAM initiative is LEMONS RECIPIENT OF THE the loss of such a courageous soldier, I offer a positive step in moving our country closer to PRESIDENTIAL FREEDOM SCHOL- this token of profound sympathy to the family, the day when African American males will no ARSHIP friends, and colleagues of Sergeant Bradley longer be the first to drop out of school, last Jared Harper. to become employed, first to get arrested, last HON. MICHAEL C. BURGESS f to get a quality lawyer, first to die, last to see OF TEXAS a doctor, first to be homeless, and last to get IN RECOGNITION OF CONGRESS- a house. IN THE HOUSE OF REPRESENTATIVES MAN DANNY DAVIS FOR HIS f Thursday, September 8, 2005 WORK WITH THE SAAM INITIA- TIVE PERSONAL EXPLANATION Mr. BURGESS. Mr. Speaker, I rise today to recognize the superior academic performance of Erik C. Lemons, a recipient of this year’s HON. CHARLES B. RANGEL HON. LORETTA SANCHEZ Presidential Freedom Scholarship. Thirteen OF NEW YORK OF CALIFORNIA students in the 26th Congressional District are IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES receiving this special recognition. Thursday, September 8, 2005 Thursday, September 8, 2005 This award recognizes outstanding service Mr. RANGEL. Mr. Speaker, I rise today to Ms. LORETTA SANCHEZ of California. Mr. and citizenship initiatives by the students, who recognize and commend Congressman DANNY Speaker, on Tuesday, September 6, 2005, I were nominated, and provides an opportunity DAVIS for his leadership in launching the State was unavoidably absent due to a previously to acknowledge their leadership. Administered of the African American Male Initiative scheduled engagement. by Learn and Serve America, the scholarship (SAAM). This is a much needed initiative to I request that the CONGRESSIONAL RECORD provides $500 in Federal funds, matched with improve the conditions of Black men and boys reflect that had I been present and voting, I $500 from a community organization or busi- who continue to be marginalized in commu- would have voted as follows: on rollcall No. ness obtained for the student by their high nities throughout the U.S. Their condition in 455, on S.J. Res. 19, calling upon the Presi- school or Boys and Girls Club. Winners must this country is currently in a state of emer- dent to issue a proclamation recognizing the have completed at least 100 hours of commu- gency and requires governmental, community, 30th anniversary of the Helsinki Final Act, nity service, either through a school-based and corporate solutions to this crisis. ‘‘yes’’; on rollcall No. 454, on H. Res. 360, service-learning program or independently The SAAM initiative facilitates dialogue be- commemorating the 60th anniversary of V–J through service at a nonprofit or faith-based tween individuals and organizations address- Day and the end of World War II in the Pa- organization. ing the issues significantly affecting African cific, ‘‘yes’’. Erik is a member of the Boys and Girls Club Americans males. These issues center around f of Cooke County Teen Center. The organiza- health, education, economic empowerment, tion matched Federal funds of $500 in for the criminal justice and civic participation. The ini- HONORING THE WILKES-BARRE scholarship. tiative will have regional meetings and con- SALVATION ARMY AND FRANK Over 38,000 students to date have received ferences in New York, NY; Houston, TX; Chi- AND DOROTHY HENRY this award and I extend my sincere congratu- cago, IL; Miami, FL; Memphis, TN; Detroit, MI; lations to Erik C. Lemons for being one of Atlanta, GA; Los Angeles, CA; and Oakland, HON. PAUL E. KANJORSKI them. This student’s contribution and services CA. In addition it seeks to ensure a national OF PENNSYLVANIA should serve as inspiration to those who wish impact through its website and the creation IN THE HOUSE OF REPRESENTATIVES to make a positive difference in the lives of and utilization of partnerships with Members of Thursday, September 8, 2005 others. Congress, grassroots organizations, and indi- f viduals throughout the country. Mr. KANJORSKI. Mr. Speaker, I rise today Young Black males in contemporary Amer- to ask you and my esteemed colleagues in the A PROCLAMATION IN MEMORY OF ican society face major challenges to their de- House of Representatives to pay tribute to the SERGEANT BRADLEY JARED velopment and well-being. I applaud the ef- Salvation Army in Wilkes-Barre, Pennsylvania, HARPER forts of my colleague in taking an active role as well as Frank and Dorothy Henry who have in reaching back to other Black men and boys been associated with the leadership of the HON. ROBERT W. NEY to address the issues most affecting them. Salvation Army for more than four decades. OF OHIO Black males in this country are facing a As we are well aware, the Salvation Army IN THE HOUSE OF REPRESENTATIVES state of emergency and the social and eco- plays a vital role in American society, a fact nomic indicators of Black male development brought home to us most recently by their Thursday, September 8, 2005 provide profiles of individuals whose quality of work in the flood-ravaged Gulf Coast where, Mr. NEY. Mr. Speaker, I hereby offer my life is in serious jeopardy. Essentially Black as of Sept. 6, they had distributed more than heartfelt condolences to the family, friends, males are becoming an endangered species 100,000 articles of clothing and served over and community of Sergeant Bradley Jared and more must be done to ensure the survival 400,000 meals to flood victims described by Harper upon the death of this outstanding sol- of future generations. one Salvation Army officer as ‘‘emotionally dier. The SAAM initiative is a good start. It is a devastated.’’ Sergeant Harper was a member of Com- positive way for we as lawmakers to take a In Wilkes-Barre, the Salvation Army’s work pany A, 4th Amphibious Assault Battalion, 4th hands on approach in making our commu- began on Jan. 12, 1885 under the leadership Marine Division, Norfolk, Virginia serving his nities better and safer places. As an African of then Capt. Faith Jeffries. The Salvationists great nation in the country of Iraq. He was a American male this initiative is particularly were met with a mixed welcome. After their leader in his unit and a loving husband to his special to me. I know how important it is to first day of warfare in Wilkes-Barre, they had wife. Sergeant Harper was an active citizen in have strong Black leaders, fathers, activists, rescued 24 souls ‘‘from the devil’s grasp,’’ ac- his community and did his best to make his and mentors to guide, develop, and structure cording to an account in their newsletter, ‘‘The country a better place to live. the community and its future generations. I War Cry.’’ However, Capt. Jeffries was ar- Sergeant Harper will be remembered for his think it is incredibly important to equip African rested for playing the tambourine in the street unsurpassed sacrifice of self while protecting American males with the tools they need to af- on Sunday. others. His example of strength and fortitude fect positive change in world events. During World War II, Salvationists served will be remembered by all those who knew The tireless efforts of Congressman DANNY coffee and doughnuts at USOs around the na- him. DAVIS and his staff for organizing this effort tion and at Union Station in Washington to

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.001 E08SEPT1 E1788 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 young men who were called to the colors. In neering, programming and technology. There A PROCLAMATION IN MEMORY OF Wilkes-Barre, the Salvation Army will forever have only been 185 Fellows in the past 42 NATHANIEL ROCK be remembered for its work providing food, years of the company’s existence, and cur- clothing and emergency shelter to flood vic- rently there are only 58 active employees who HON. ROBERT W. NEY tims during the 1936 and 1972 floods. share this distinction out of an astounding OF OHIO Mr. Henry, for the past 44 years, has dili- 325,000 employees worldwide. IN THE HOUSE OF REPRESENTATIVES gently served on the Salvation Army’s board IBM Fellows provide innovative solutions not Thursday, September 8, 2005 of directors, providing leadership and wise only valuable for the future of this massive counsel. Today, the Salvation Army in Wilkes- company, but also for the entire world. Fellows Mr. NEY. Mr. Speaker, I hereby offer my Barre serves more than 44,000 individuals per such as Mr. Ernst have developed some of heartfelt condolences to the family, friends, year. the most useful products and applied tech- and community of Nathaniel Rock upon the Mr. Speaker, please join me in congratu- nologies the industry and computer users death of this outstanding Marine. lating the Salvation Army and Mr. and Mrs. have ever seen. Nathaniel Rock was a member of the United Henry for their contributions to the greater Larry Ernst has led the strategic definition States Marine Corps serving his great nation Wilkes-Barre area. The quality of life in that and implementation of critical technologies for in the country of Iraq. He was a loving son to region has been greatly improved by the pres- the Printing Systems Division, and his work in his parents, and a caring brother to Jared ence of the Salvation Army and community the area of print and image quality has been Rock with whom he served with as a Martins leaders like the Henrys. the foundation for many new products. Al- Ferry police officer. Nathaniel Rock was an f ready, Mr. Ernst holds nine issued patents, active citizen in his community and did his best to make his country a better place to live. HONORING THE MEMORY OF MR. serves as the patent coordinator for the divi- Nathaniel Rock will be remembered for his CHARLES T. BROWDER, SR. sion, and has been named an IBM Master In- ventor for his works. unsurpassed sacrifice of self while protecting others. His example of strength and fortitude Larry Ernst joins two other distinguished HON. JO BONNER will be remembered by all those who knew Boulder residents, Ernest Booch and Joan OF ALABAMA him. Mitchell, as IBM Fellows. I am proud to have IN THE HOUSE OF REPRESENTATIVES While words cannot express our grief during three out of the 58 active IBM Fellows in Colo- the loss of such a courageous Marine, I offer Thursday, September 8, 2005 rado’s Second Congressional District. It is this token of profound sympathy to the family, Mr. BONNER. Mr. Speaker, Clarke County quite a compliment to the men and women of friends, and colleagues of Nathaniel Rock. and indeed the entire State of Alabama re- Colorado. Your service has made us proud. cently lost a dear friend, and I rise today to Mr. Speaker, I ask my colleagues to join me f honor him and pay tribute to his memory. in honoring Larry Ernst and in wishing him Mr. Charles T. Browder, Sr., was a devoted continued success in all future endeavors as REMEMBERING JOHN H. JOHNSON family man and dedicated community leader an IBM Fellow. throughout his life. A native of Monroe County, HON. CHARLES B. RANGEL Alabama, Mr. Browder, for many years worked f with his brother in Montgomery. In 1987, he OF NEW YORK and his family moved to the City of Thomas- CONGRATULATIONS TO SHANNON IN THE HOUSE OF REPRESENTATIVES ville, where he founded Browder and Son Ve- J. WILSON, RECIPIENT OF THE Thursday, September 8, 2005 neer, a company which became an anchor of PRESIDENTIAL FREEDOM SCHOL- Mr. RANGEL. Mr. Speaker, I rise today to the area’s business community and has grown ARSHIP recognize and honor the life and legacy of the to employ more than 80 men and women. publishing mogul Mr. John H. Johnson, who A popular figure in his community, Mr. HON. MICHAEL C. BURGESS died on August 8, 2005 at the age of 87. Mr. Browder developed a strong reputation for his Johnson rose from extreme poverty to become OF TEXAS generosity and philanthropy, and was always founder and chairman of Johnson’s Publishing available to help his friends and neighbors in IN THE HOUSE OF REPRESENTATIVES Company, the world’s largest African-Amer- any way possible. He was active in the con- Thursday, September 8, 2005 ican owned publishing Company. Mr. Johnson gregation of Thomasville United Methodist is one of America’s most distinguished entre- Church, and was a member of both the Abba Mr. BURGESS. Mr. Speaker, I rise today to preneurs, whose publications have helped to Shrine Temple and Oliver Lodge No. 334 F & recognize the superior academic performance change the landscape of American history. AM. of Shannon J. Wilson, a recipient of this year’s Mr. Johnson was born on January 19, 1918, Mr. Speaker, I ask my Colleagues to join Presidential Freedom Scholarship. Thirteen in Arkansas City during southern segregation, me in remembering a dedicated community students in the 26th Congressional District are which played an integral role in shaping his leader and friend to many throughout South receiving this special recognition. successful future. Another element that helped Alabama. Mr. Browder will be deeply missed This award recognizes outstanding service shape his path was his mother. When Mr. by his family—his wife Annyce L. Browder; his and citizenship initiatives by the students who Johnson was 8 years of age, his mother children, Charles T. ‘‘Tom’’ Browder and Allen were nominated, and provides an opportunity moved the family up to Chicago with the belief L. Browder; his sister, Gloria B. Lovinggood; to acknowledge their leadership. Administered that the Jim Crow south was no place to nur- his six grandchildren; and his seven great- by Learn and Serve America, the scholarship ture and raise a Black child from whom she grandchildren—as well as the countless provides $500 in Federal funds, matched with expected greatness. Like so many other friends he leaves behind. Our thoughts and $500 from a community organization or busi- blacks from the South, his mother believed prayers are with them all at this difficult time. ness obtained for the student by their high that the North provided better economic and f school or Boys and Girls Club. Winners must social opportunities for African Americans. HONORING LARRY ERNST ON have completed at least 100 hours of commu- Therefore, Johnson’s family took part in The BEING NAMED AN IBM FELLOW nity service, either through a school-based Great Migration of the early 1900’s and moved service-learning program or independently north. HON. MARK UDALL through service at a nonprofit or faith-based During his high school years, Mr. Johnson organization. worked part time for the Supreme Liberty Life OF COLORADO Shannon is a member of the Technology Insurance Company (he would later become IN THE HOUSE OF REPRESENTATIVES Center Boys and Girls Club. This organization chairman of the board). Part of his duties was Thursday, September 8, 2005 contributed matching funds of $500. to prepare a digest for the company president Mr. UDALL of Colorado. Mr. Speaker, I rise Over 38,000 students to date have received of Black or Black-oriented stories in the Amer- today to honor Larry Ernst, of Boulder, Colo- this award and I extend my sincere congratu- ican press. This gave inspiration to the estab- rado, for his recent nomination as an IBM Fel- lations to Shannon J. Wilson for being one of lishment of his first magazine the ‘‘Negro Di- low, the company’s highest and most pres- them. This student’s contribution and services gest’’. After being refused business loans from tigious technical honor. should serve as inspiration to those who wish banks and other financial institutions, Mr. IBM Fellows are selected for sustained and to make a positive difference in the lives of Johnson used his mother’s furniture as collat- distinguished technical achievements in engi- others. eral for a $500 loan. In 1942, Negro Digest

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.005 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1789 was first published and became an instant Publisher of the Year by the Magazine Pub- HONORING THE MEMORY OF MR. success. This became the first of his many fu- lishers Association. Lastly in 1995 he was EMORY BUSH ‘‘E.B.’’ PEEBLES, JR. ture capital ventures. Subsequently, in 1945 awarded America’s highest civilian honor, the Mr. Johnson launched his most successful Presidential Medal of Freedom from President magazine Ebony, which sold 25,000, making it Clinton. HON. JO BONNER the largest circulated Black magazine of the As a visionary, entrepreneur, philanthropist, OF ALABAMA time. Today, with its 60 year history, Ebony is and civil rights activist, Mr. Johnson’s life has still a success with a circulation of 1.6 million. become one of the greatest ‘‘American dream’’ IN THE HOUSE OF REPRESENTATIVES In 1951, 10 years after the start of Ebony, success stories of all time. Through his publi- Mr. Johnson started Jet magazine, which be- Thursday, September 8, 2005 cations and other media ventures, Johnson came the number one Black newsweekly. has managed to transform the mainstream Subsequently, he invested in book publishing Mr. BONNER. Mr. Speaker, Mobile County image and self-image of African Americans and Fashion Fair Cosmetics, which was de- and indeed the entire state of Alabama re- throughout the world. The legacy Mr. Johnson signed to fit the needs of African American cently lost a dear friend, and I rise today to leaves is one of constant challenge. Through- women by offering a complete line of high- honor him and pay tribute to his memory. out his life he has challenged and overcome quality beauty and skin care products for a the validity of old norms and has presented Mr. Emory Bush ‘‘E.B.’’ Peebles, Jr., was a wide variety of skin tones. Moreover, he has new ones that have helped to change both the devoted family man and dedicated community invested in several radio stations, and has ma- face of African-Americans, as well as the face leader throughout his life. jority ownership in the company that inspired of our Nation. it all, Supreme Liberty Life Insurance. A graduate of Murphy High School in Mo- The success of his magazines and other bile, Alabama, Mr. Peebles received his di- business endeavors were supported by John- f ploma from the Military College of South Caro- son’s objective to show ‘‘not only to the Ne- lina (The Citadel) in 1939. Following his grad- HONORING THE BLOOMSBURG HOS- groes, but also white people that Negroes got uation, he joined the United States Army Re- PITAL IN COLUMBIA COUNTY, married, had beauty contests, gave parties, serve with the rank of second lieutenant, and PENNSYLVANIA, AS IT CELE- ran successful businesses, and do all the was employed by the Southern Industries Cor- BRATES ITS 100TH ANNIVERSARY other normal things of life.’’ His publications poration. In June, 1941, he was called to ac- became a vehicle for his civil rights activism. tive duty as a member of the United States Mr. Johnson purposefully presented positive Army and served with distinction during World imagery of blacks as professionals, movie HON. PAUL E. KANJORSKI War II as a member of the 31st Infantry stars, activists, and more, to combat the many OF PENNSYLVANIA (‘‘Dixie’’) Division of the Pacific Theater. For negative stereotypes that permeated through- his service, he was awarded both the Purple IN THE HOUSE OF REPRESENTATIVES out the collective conscience of this country, Heart and the Bronze Star, and he was pro- which was overwhelmingly manifested through Thursday, September 8, 2005 moted to the rank of major prior to his dis- mainstream media. Ebony magazine high- charge in December, 1945. lighted the success and achievements of Afri- Mr. KANJORSKI. Mr. Speaker, I rise today Following his discharge, he was employed can Americans, taking a more glamorized pro- to ask you and my esteemed colleagues in the by Ryan Stevedoring in Mobile, and continued spective of Black America, while Jet magazine House of Representatives to pay tribute to to work with that corporation for the next four focused on the politics, entertainment, busi- Bloomsburg Hospital in Columbia County, decades. He retired from the new Ryan-Walsh ness, and sports. President Clinton, observed Pennsylvania, which is celebrating its 100th Stevedoring Company in 1985 as chairman of that Mr. Johnson ‘‘gave African-Americans a anniversary of serving citizens in that region of the business. voice and a face, in his words, ‘a new sense the Nation. I also ask that you join me in rec- of somebody-ness,’ of who they were and ognizing Regis P. Cabonor, CEO of In the midst of his intense professional what they could do, at a time when they were Bloomsburg Hospital, and Dr. John A. Scerbo, schedule, Mr. Peebles also found time to virtually invisible in mainstream American cul- Chairman of the Board of Directors. serve in many community organizations and on several boards of directors. He served on ture.’’ The first and only locally owned and oper- the boards of several area businesses and fi- John Johnson made history when he pub- ated hospital in the area, Bloomsburg Hos- lished the unedited and notorious 1955 pic- pital’s highly trained staff of physicians and nancial institutions, including the Mobile Gas tures of the mutilated body of 14 year old mur- technologists offer state of the art diagnostic Service Corporation and the Alabama Dry der victim Emmett Till, who was slain in Mis- services, and an array of women’s health and Dock and Shipbuilding Company. During the sissippi for allegedly whistling at a white girl. psychiatric services. mid–1960s, he served as president of the Johnson published the pictures to show the America’s Junior Miss Pageant, and in 1969 world the cruel reality of Jim Crow, and the Known as ‘‘The Baby Hospital,’’ the facility served as the president of the Mobile Carnival violent results of legal segregation. As a re- has been delivering about 600 infants annually Association. He also helped to make Mobile’s sult, the images of Emmett Till became the for the past several years. Special birthing Senior Bowl college football all-star game one catalyst that sparked the flame that fueled the suites and knowledgeable nurses ensure that of the preeminent events in all of college ath- Civil Rights Movement. It was the pictures that families receive a warm and caring experience letics, and served as president of that organi- Mr. Johnson published that inspired Rosa at this special time in their lives. zation. He was also actively involved in the Parks to refuse to acquiesce and relinquish Accredited by the American College of Radi- Mobile Touchdown Club and the Mobile Area her seat to a white man, which in turn led to ology, the United States Nuclear Regulatory Arts and Sports Association, and served as the kindling of the Civil Rights Movement. Commission, the American Association of president of the University of South Alabama’s As a result of Johnson’s success, both in Blood Banks, the College of American Pa- Jaguar Club. In 1996, he was named his publishing and activism, he has received thologists, the hospital is licensed by the ‘‘Mobilian of the Year.’’ many accolades and awards. In 1982 he was Pennsylvania Department of Health. the first African American ever to be on Mr. Speaker, I ask my colleagues to join me Forbes Magazine’s 400 Richest Americans. Its mission is to ‘‘promote, restore and main- in remembering a dedicated community leader He was a member of the Publishing Hall of tain health’’ through fully integrated health and friend to many throughout South Ala- Fame, the National Business Hall of Fame, care systems and services including in-patient bama. Mr. Peebles will be deeply missed by the Advertising Hall of Fame and the Arkansas care, in-patient and out-patient rehabilitation his family—his lovely wife, Barbara Cowen Business Hall of Fame. He also received the and out-patient surgery. Peebles; his children, E.B. Peebles, III, Laura Spingarn Medal, the highest honor from the Mr. Speaker, please join me in congratu- P. Rutherford, and John D. Peebles; his step- National Association for the Advancement of lating Bloomsburg Hospital on the occasion of children, Alley C. Butler and Douglas L. Ford; Colored People. In addition, he received the this milestone event. The quality of life in the and by his seven grandchildren and great- Salute to Greatness Award, the highest award Bloomsburg area is clearly better because of grandchildren—as well as the countless for the Martin Luther King Jr. center for Non- the fine and caring work performed by the friends he leaves behind. Our thoughts and violent Social Change. In 1972 he was named dedicated professionals at this institution. prayers are with them all at this difficult time.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.010 E08SEPT1 E1790 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005

RECOGNIZING LEXMARK’S CON- I request that the CONGRESSIONAL RECORD while protecting others. His example of TRIBUTIONS TO ENVIRON- reflect that had I been present and voting, I strength and fortitude will be remembered by MENTAL PROTECTION IN BOUL- would have voted as follows: all those who knew him. DER (1) Rollcall No. 457. On H.R. 3169, to pro- While words cannot express our grief during vide the Secretary of Education with waiver the loss of such a courageous Marine, I offer HON. MARK UDALL authority for students who are eligible for Pell this token of profound sympathy to the family, friends, and colleagues of Lance Cpl. Aaron OF COLORADO Grants who are adversely affected by a natural disaster: ‘‘yes.’’ H. Reed. IN THE HOUSE OF REPRESENTATIVES (2) Rollcall No. 456. On H.R. 3650, to allow f Thursday, September 8, 2005 United States Courts to conduct business dur- EMERGENCY SUPPLEMENTAL AP- ing emergency conditions, and for other pur- Mr. UDALL of Colorado. Mr. Speaker, as PROPRIATIONS ACT TO MEET IM- poses: ‘‘yes.’’ you know, I am very proud of my constituents MEDIATE NEEDS ARISING FROM in Boulder, Colorado, for their unsurpassed f THE CONSEQUENCES OF HURRI- commitment to a clean environment. Indeed, CONGRATULATIONS TO KAMALA S. CANE KATRINA, 2005 Boulder’s exceptionally clean air and water FARQUHARS, RECIPIENT OF THE make the Second District of Colorado a very PRESIDENTIAL FREEDOM SCHOL- SPEECH OF special place. ARSHIP When a company can provide jobs and be HON. DORIS O. MATSUI a real contributor to the economy of Boulder, OF CALIFORNIA and it can do so in way that shows the utmost HON. MICHAEL C. BURGESS IN THE HOUSE OF REPRESENTATIVES respect for the environment, the citizens of my OF TEXAS Friday, September 2, 2005 district are doubly fortunate. Lexmark Inter- IN THE HOUSE OF REPRESENTATIVES Ms. MATSUI. Mr. Speaker, our thoughts national, Inc. is just such a company. Thursday, September 8, 2005 and prayers are with the people of New Orle- One of the world’s largest manufacturers of Mr. BURGESS. Mr. Speaker, I rise today to ans and all other Gulf Coast residents affected printers and developers of printing solutions, recognize the superior academic performance by this horrific disaster. As a nation we have Lexmark has a large facility in Boulder that of Kamala S. Farquhars, a recipient of this watched with horror as the city of New Orle- has recently achieved ISO (International year’s Presidential Freedom Scholarship. Thir- ans has faced Hurricane Katrina and been Standardization Organization) 14001 certifi- teen students in the 26th Congressional Dis- overtaken by the waters of Lake Pontchartrain. cation for its environmental management sys- trict are receiving this special recognition. We have seen the heart-wrenching stories that tem. ISO 14001 is the world’s most recog- This award recognizes outstanding service restore your faith, but sadly we have also nized environmental management system and citizenship initiatives by the students, who seen the opposite. framework, helping organizations better man- were nominated, and provides an opportunity Lives have been interrupted. Families sepa- age their impact on the environment and con- to acknowledge their leadership. Administered rated. And many now face an uncertain future tinually improve their environmental perform- by Learn and Serve America, the scholarship of trying to locate family and friends as well as ance. provides $500 in Federal funds, matched with begin to rebuild their lives, many from scratch. Lexmark employees worked for years to $500 from a community organization or busi- With the victims dispersed across this nation, achieve this important certification. Such cer- ness obtained for the student by their high when this can begin is not known. The full im- tifications do not come easily, and Lexmark’s school or Boys and Girls Club. Winners must pact of Hurricane Katrina—emotionally, phys- employees in Boulder are to be commended have completed at least 100 hours of commu- ically and financially—will not be known for for their commitment to pollution prevention nity service, either through a school-based years and more realistically decades. It is during tragedies like this, that we must and for the overall environmental ethic that en- service-learning program or independently come together as Americans to help our fellow abled them to achieve this important mile- through service at a nonprofit or faith-based citizens in their time of need. Mr. Speaker, I stone. organization. This achievement is only the most recent Kamala is a member of the North Fort would like to take this opportunity to praise the environmental award received by the Lexmark Worth Boys and Girls Club. The organization hundreds of Americans who are working day facility in Boulder. In 2003, the city of Boulder matched the $500 federal fund scholarship. and night to help rescue and bring relief to the awarded its PACE (Partners for a Clean Envi- Over 38,000 students to date have received thousands of people trapped in the affected ronment) Pioneer Award to Lexmark. This this award and I extend my sincere congratu- area. From the start, the American people have award is given annually to the business best lations to Kamala S. Farquhars for being one again shown their unity of spirit and their will- exemplifying the goals of the PACE program. of them. This student’s contribution and serv- ingness to aid those in the midst of this devas- For almost a decade beginning in 1993, ices should serve as inspiration to those who tation. And these are not only professional Lexmark participated in the Colorado Gov- wish to make a positive difference in the lives rescue personnel but simply kind-hearted ernor’s Pollution Prevention Challenge, and of others. the plant also received the U.S. EPA’s 33/50 neighbors who may have a boat, or some f award for toxic chemical use reduction in the extra water or blankets and are scouring the early-to-mid 1990s. A PROCLAMATION IN MEMORY OF area looking for survivors. I cannot imagine In all, the record this facility has established LANCE CPL. AARON H. REED the difficulties they are facing and the sac- for well over a decade is remarkable. My hat rifices they have made to help their fellow is off to the employees at the Lexmark facility HON. ROBERT W. NEY Americans. I thank them for all their efforts in Boulder who share such an obviously gen- OF OHIO and pray that they remain safe themselves uine and profound commitment to environ- IN THE HOUSE OF REPRESENTATIVES and return home to their families. mental protection. I commend the generosity of the American Thursday, September 8, 2005 I ask my colleagues in the House of Rep- people, including my home town of Sac- resentatives to join me in commending Mr. NEY. Mr. Speaker, I hereby offer my ramento, which because of its location at the Lexmark for this notable achievement. heartfelt condolences to the family, friends, confluence of the American and Sacramento f and community of Lance Cpl. Aaron H. Reed Rivers has a unique understanding of being a upon the death of this outstanding Marine who flood-threatened city. I am proud of their gen- PERSONAL EXPLANATION served with the 3rd Battalion, 25th Marine erosity and extension of assistance—sending Regiment, Fourth Division, Lima Company. its firefighters, search and rescue teams and HON. LORETTA SANCHEZ Lance Cpl. Aaron H. Reed was an active opening its doors to hundreds of victims of OF CALIFORNIA member of the Richmond Dale Church of God Hurricane Katrina who are unable to return to IN THE HOUSE OF REPRESENTATIVES where his devotion to the Lord was fostered their homes. Their efforts to restore a sense of though his commitment to the Youth Group. normalcy for those who have been so up-root- Thursday, September 8, 2005 He was an active citizen in his community and ed are a testament to them. Ms. LORETTA SANCHEZ of California. Mr. did his best to make his country a better place I also share the frustration of so many with Speaker, on Wednesday, September 7, 2005, to live. the early response of our government to this I was unavoidably absent due to a previously Lance Cpl. Aaron H. Reed will be remem- crisis. While the conditions under which the re- scheduled engagement. bered for his unsurpassed sacrifice of self lief workers are functioning are catastrophic

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.014 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1791 we can and must do better. Our primary focus The couple made their home in northeast Ar- tional parks. Yet Ms. Bogle found allies in my must be on getting to those who are still kansas and spent the next 42 years growing former colleague, Senator Fritz Hollings, and stranded and need immediate assistance. cotton, soybeans, and milo. Throughout the myself, and we joined her and the many Once that is accomplished I feel strongly that years, the Wards were blessed with three chil- ‘‘Friends of the Congaree’’ in the fight to se- Congress must take a critical look at this re- dren, James E. Ward, Vondella W. Davis, and cure the designation. After some difficult days sponse effort. Lois M. Meadows, and now have the pleasure and lots of hard work on the part of Ms. Bogle This is a moment of national sorrow. Sorrow of spending time with six grandchildren and and many others, on November 10, 2003, the at not preventing the preventable and sorrow nine great-grandchildren. President signed legislation that officially for the tragic circumstances that came to be. Their love for each other and their family exchanged the Congaree Swamp National Yet it is also a moment of national unity that tends to their neighbors as well, where they Monument into the Congaree National Park. In is truly heart-warming. continue to stay involved in their community. addition, we were able to include in the legis- Again, Mr. Speaker, I send my thoughts and They remain active members in the political lation, at Ms. Bogle’s request, a 4,600-acre prayers to all those affected by Hurricane process and are often seen participating in expansion of the site. As she departs, Ms. Katrina and I thank all those brave and gen- local activities and events. Their energy is Bogle is working to acquire the additional erous Americans who are working to bring as- truly remarkable and perhaps the secret to a property from willing sellers. sistance and relief to the region. The out- long and fulfilling life. Ms. Bogle’s love of nature began in her pouring of generosity from Americans across A 75th wedding anniversary reminds us that childhood in a small Tennessee town. Upon the country can make us all proud. marriage is not an instant achievement but a her graduation from the University of Ten- f covenant that requires love, patience, and re- nessee in Knoxville with a Bachelor’s in Bot- spect. Ode and Beatrice Ward have perfected any, Ms. Bogle wasted no time in securing a CONGRATULATING THE TRACY NA- this commitment to each other and are truly position with the National Parks Service. Her TIONAL LITTLE LEAGUE ALL- blessed to have a strong marriage, their fam- 26-year career has taken her to nine National STAR TEAM ily, and a lifetime of memories. As they live Parks Service sites and one national wildlife each day by their wedding vows, they con- refuge. HON. RICHARD W. POMBO tinue to inspire all who are fortunate to know Mr. Speaker, I ask you, and my colleagues OF CALIFORNIA them. to join me today in thanking Martha Bogle for IN THE HOUSE OF REPRESENTATIVES On September 20, 2005, Ode and Beatrice her tremendous contributions to the Congaree Ward will join many of their family and friends National Park, and wish her well as she Thursday, September 8, 2005 at a celebration to honor their 75 years of leaves South Carolina to become assistant su- Mr. POMBO. Mr. Speaker, I rise today to marriage. I ask my colleagues to join me in perintendent of the Blue Ridge Parkway. No congratulate the Tracy National Little League congratulating them on this joyous occasion matter where she serves in the National Park All-star team, from my hometown in Tracy, and sending our best wishes for many more Service, Ms. Bogle brings an infectious joy in California. This group of 12-year-olds rose up years of love and happiness. her surroundings and a commitment that will through the ranks, first becoming District 67 f insure our Nation’s natural treasures are pre- champs, then Section 3 champs, then North- served and protected for many generations to ern California champs, and finally Western Re- TRIBUTE TO MARTHA BOGLE come. gion Runner-ups. f Players Casey Anklam, Brock Blades, HON. JAMES E. CLYBURN Jeramee Campbell, Dominic D’souze, Alex OF SOUTH CAROLINA CONGRATULATIONS TO Flores, Michael Hager, Jacob Lopez, Kyle IN THE HOUSE OF REPRESENTATIVES CHAVONTREAL ALLEN, RECIPI- Moses, Tyler Sanfilippo, Tyler Trew, Jacob ENT OF THE PRESIDENTIAL Thursday, September 8, 2005 Valdez, Joshua Wesley and Casey Wichman FREEDOM SCHOLARSHIP showed great talent and teamwork. Their hard Mr. CLYBURN. Mr. Speaker, I rise today to work and dedication really paid off, taking pay tribute to one who was an extraordinary HON. MICHAEL C. BURGESS them nearly all the way to the Little League force behind the recent designation of the OF TEXAS World Series. Manager Emmett Lee and Congaree Swamp National Monument as a IN THE HOUSE OF REPRESENTATIVES Coaches John Moses and Rob Wichman pro- National Park. When Martha Bogle came to Thursday, September 8, 2005 vide great leadership for the boys, and were this 22,200-acre National Parks Service site instrumental in their success. near Columbia, SC, in 1995, about 50,000 Mr. BURGESS. Mr. Speaker, I rise today to As many of you know, I am a big baseball people each year visited the old-growth bot- recognize the superior academic performance fan. My son Richie plays on his high school tomland hardwood forest that was designated of Chavontreal Allen, a recipient of this year’s team, and each year I look forward to playing a national monument. Today that figure has Presidential Freedom Scholarship. Thirteen in the Congressional Baseball Game. I am tripled and it is due in large measure to the students in the 26th Congressional District are very proud of these kids from Tracy, and know hard work and dedication of Ms. Bogle. receiving this special recognition. that the skills they learn on the diamond— Upon her arrival, Ms. Bogle realized the This award recognizes outstanding service teamwork, competition, dedication—will serve majesty of the towering pines and giant hard- and citizenship initiatives by the students who them well throughout their lives. I look forward woods, but access to the facility was so poor were nominated, and provides an opportunity to following their progress again next season that few visitors were enjoying these amazing to acknowledge their leadership. Administered and know they will be even better. vistas. As the new superintendent, Ms. Bogle by Learn and Serve America, the scholarship f looked for a cost-effective way the community provides $500 in Federal funds, matched with could join in making this hidden jewel more $500 from a community organization or busi- IN HONOR OF THE WARD’S 75TH accessible. Her tenacity paid off when she ness obtained for the student by their high WEDDING ANNIVERSARY convinced the South Carolina National Guard school or Boys and Girls Club. Winners must to partner with the Parks Service in building a have completed at least 100 hours of commu- HON. MARION BERRY new entrance road and visitors center. The re- nity service, either through a school-based OF ARKANSAS sult was an award-winning, 12,000 square foot service-learning program or independently IN THE HOUSE OF REPRESENTATIVES visitors center with wonderful educational tools through service at a nonprofit or faith-based and roads and parking lots that could better organization. Thursday, September 8, 2005 accommodate visitors. This was quite an Chavontreal is a member of the Frisco Boys Mr. BERRY. Mr. Speaker, I rise here today aaccomplishment for Ms. Bogle’s first foray as and Girls Clubs of Collins County. This organi- to pay tribute to a special couple from Cara- a park superintendent. zation contributed matching funds of $500. way, AR, Ode and Beatrice Ward, who will Still her vision for the site was not complete. Over 38,000 students to date have received celebrate their 75th wedding anniversary on With improved facilities and access, Ms. Bogle this award and I extend my sincere congratu- September 20, 2005. This is a significant mile- embarked upon a campaign to turn the Con- lations to Chavontreal Allen for being one of stone and one that only a very few are fortu- garee Swamp National Monument into a na- them. This student’s contribution and services nate enough to celebrate in their lifetime. tional park. This was an even greater under- should serve as inspiration to those who wish Ode and Beatrice Ward met in Leachville, taking because only 52 of the National Parks to make a positive difference in the lives of AR, and decided to marry in the fall of 1930. Service’s 388 sites were designated as na- others.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.018 E08SEPT1 E1792 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 TAIWAN’S AGRICULTURAL TRADE and missed rollcall votes numbered 456 and organization of FEMA and the Department of GOODWILL MISSION 457. Rollcall vote 456 was on the motion to Homeland Security, funding for disaster re- suspend the rules and agree to H.R. 3650, a sponse, coordination between domestic agen- HON. PETE SESSIONS bill to allow United States Courts to conduct cies and the military, interoperable communications, public health preparedness, critical OF TEXAS business during emergency conditions, and for infrastructure protection and much more. IN THE HOUSE OF REPRESENTATIVES other purposes. Rollcall vote 457 was on the motion to suspend the rules and agree to H.R. However, as the crisis continues, it is impor- Thursday, September 8, 2005 3169, a bill to provide the Secretary of Edu- tant that we focus on the critical days ahead Mr. SESSIONS. Mr. Speaker, it has come to cation with waiver authority for students who and concentrate our efforts on ensuring that my attention that the Republic of China, Tai- are eligible for Pell Grants who are adversely we are doing everything in our power from this wan, has sent an Agricultural Trade Goodwill affected by a natural disaster. point forward. Hundreds of thousands of dis- Mission to Capitol Hill and there will be a sign- Had I been present I would have voted placed residents, many of whom have lost ev- ing ceremony between the Mission and its ‘‘yea’’ on rollcall votes 456 and 457. erything, are looking to us for help, and we can not let them down. Today’s supplemental American grain suppliers on Wednesday, Sep- f tember 14, 2005, at 9 a.m. in the Mansfield appropriation will provide an infusion of fund- Room of the Capitol Building. EMERGENCY SUPPLEMENTAL AP- ing to allow immediate needs to be met, and It is also my understanding that Taiwan’s PROPRIATIONS ACT TO MEET IM- my colleagues and I will be ready to provide Goodwill Mission will sign letters of intent to MEDIATE NEEDS ARISING FROM whatever additional assistance may become purchase 14.5 million metric tons, equivalent THE CONSEQUENCES OF HURRI- necessary as the response progresses. to 559 million bushels, of U.S. wheat, soy- CANE KATRINA, 2005 Today, my thoughts and prayers go out to beans and corn in 2006 and 2007. The mis- all those who have lost loved ones, had their sion’s tannery group will also sign a statement SPEECH OF homes and livelihoods destroyed, and who with American suppliers to buy up to 6 million continue to suffer in terrible conditions, not knowing what the future may hold. I also want pieces of ‘‘wet salted hide’’ and ‘‘wet blue HON. JAMES R. LANGEVIN to express my deepest appreciation to those hide’’ for years 2006 and 2007. The total value OF RHODE ISLAND who are working to offer whatever assistance of all the purchases will amount to $3.1 billion. IN THE HOUSE OF REPRESENTATIVES they can. Thousands of National Guard I welcome Taiwan’s Agricultural Trade Friday, September 2, 2005 troops, local first responders, relief workers Goodwill Mission to Capitol Hill. Two years and others are putting their lives on hold to ago, the same Agricultural Trade Goodwill Mr. LANGEVIN. Mr. Speaker, I rise today in help, and we should all do whatever we can Mission came to the Hill and signed letters of strong support of H.R. 3645, which will provide to aid in those efforts as well. intent agreeing to purchase $2.87 billion for an initial installment of desperately needed Thank you Mr. Speaker, and I urge my col- the years 2004 and 2005. The last mission supplemental funding for disaster relief efforts leagues to support H.R. 3645. planned to buy 15.1 metric tons, approxi- in the Gulf Coast region. Hurricane Katrina mately 581 bushels, of wheat, soybeans and has left untold devastation and loss in its f corns and 4 million pieces of hide. As of June wake, and it is critical that we do everything we can to get assistance to those who need RETIREMENT OF CHIEF JOHN 2005, Taiwan had already purchased 10.5 WALSH metric tons, equivalent to 404 million bushels, it without delay. of U.S. grain. And in 2004, Taiwan purchased I have received dozens of calls this week an additional 3 million pieces of U.S. hide in from Rhode Islanders who are angry and frus- HON. ROB SIMMONS 2004. Given Taiwan’s long history as an ex- trated by the horrific images they are seeing OF CONNECTICUT cellent customer for U.S. agricultural products, from Louisiana, Mississippi and Alabama. IN THE HOUSE OF REPRESENTATIVES it is reasonable to expect Taiwan to fulfill all its They are right to be outraged by the utter fail- Thursday, September 8, 2005 agreed-upon commitments and more. ure of our government to ensure the prompt evacuation and rescue of stranded residents Mr. SIMMONS. Mr. Speaker, I rise today to Taiwan has had a very strong trade rela- recognize the achievements and service of tions with our Nation. Year after year, Taiwan or to deliver needed medical supplies, food and clean drinking water to the tens of thou- Willimantic Fire Department Chief John Walsh, has imported U.S. cattle hides, U.S. hog skins, who has served the Connecticut community of soybean, corn and wheat and other agricul- sands of people whose very survival depends on it. Willimantic for more than two decades. He has tural products, amounting to billions of dollars served as a firefighter for more than 50 years. The Federal reaction to this crisis has been for American producers. We hope this trend Chief Walsh began his career as a volun- slow and ill-coordinated, which is particularly will continue in the future as our agricultural teer firefighter in 1954. In January 1960 he troubling in light of the advance notice and exports to Taiwan greatly benefit our grain ex- joined the Hartford Fire Department where he warning systems we are able to rely upon in porters and farmers. demonstrated a high degree of profes- I join my colleagues in welcoming members hurricane and other natural disaster situations. sionalism and ability. In 1968 he was proof Taiwan’s Agricultural Trade Goodwill to I am deeply concerned not only about the re- moted to Lieutenant and in 1980 he achieved Capitol Hill and I wish Dr. Chen Hsi-Huang, sponse to this disaster, but about how much the rank of Captain. In December 1983 he be- Mr. Kuo Hsin-Hong and Mr. Wang Tsong- worse it could have been had we been given came Chief of the Willimantic Fire Department. ming, heads of The Soybean and Corn Dele- no warning, as in the case of a terrorist attack. His work on behalf of his fellow firefighters gation, The Wheat Delegation and The Hide Four years after September 11th and tens extended beyond the community. In 1988 and Delegation, and members of the delegation a of billions of dollars later, we should have 1989 he was President of the Connecticut Fire pleasant journey as they travel to Iowa, Ohio, been better prepared for this disaster. We Chiefs and he is a member of the New Eng- Missouri, Montana, Idaho, North Dakota, Kan- have received countless assurances from the land Fire Chiefs and the National Fire Protec- sas, and Texas to meet with state and local Administration that this Nation is ready and tion Association. officials and suppliers. equipped to keep our citizens safe, but our Firefighters are on call seven days a week, We also hope they will return to Capitol Hill citizens have just come face to face with the 12 months a year. There are no holidays for again next year. truth, and it tells a shockingly different story. firefighters. Tragedy never takes a holiday and f In the weeks and months to come, there will when it strikes a community, firefighters are be many, many tough questions to be an- among the first to respond. PERSONAL EXPLANATION swered on the part of Federal officials and Individuals are not recognized for what they others. As a member of the Homeland Secu- have taken but for what they have given. Chief HON. CAROLYN B. MALONEY rity Committee, I look forward to working with John Walsh’s family, colleagues and friends OF NEW YORK my colleagues to get to the bottom of this na- honor him for what he has given to his com- IN THE HOUSE OF REPRESENTATIVES tional failure as we carefully examine what munity. I am proud to add my voice to theirs. went wrong, how the region and Federal Gov- Through his commitment and character he has Thursday, September 8, 2005 ernment could have been better prepared, and made Willimantic a better place in which to Mrs. MALONEY. Mr. Speaker, on Sep- what must be done to ensure this kind of situ- live, work and raise a family. tember 7, 2005, I was unavoidably detained ation is never repeated. We must look at the Thank you, Chief Walsh, for your service.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.023 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1793 TRIBUTE TO TRINITAS HOSPITAL’S dents in the 26th Congressional District are re- fection made him an open-heart surgery pa- COMPREHENSIVE CANCER CENTER ceiving this special recognition. tient at a time when the procedure was per- This award recognizes outstanding service formed at great risk with low survival rates. HON. DONALD M. PAYNE and citizenship initiatives by the students, who His heart valve was replaced three times over OF NEW JERSEY were nominated, and provides an opportunity the next 18 years. IN THE HOUSE OF REPRESENTATIVES to acknowledge their leadership. Administered Bill’s condition undoubtedly connected him by Learn and Serve America, the scholarship Thursday, September 8, 2005 with the very patients he served at the Care provides $500 in Federal funds, matched with Group, a partnership with St. Vincent Hospital Mr. PAYNE. Mr. Speaker, I rise today to $500 from a community organization or busi- that runs the Heart Center of Indiana. recognize the contribution of Trinitas Hospital ness obtained for the student by their high Mr. Speaker, on behalf of the State of Indi- to my home State of New Jersey. Their com- school or Boys and Girls Club. Winners must ana, I extend heartfelt sympathies to the fam- mitment to the health and health care of all have completed at least 100 hours of commu- ily of Dr. Bill Nasser, specifically his wife New Jerseyans is laudable, and most worthy nity service, either through a school-based Wanda; his sons Thomas and Tony Nasser; of our recognition in this chamber here today. service-learning program or independently his daughter Teresa Carlock; his sisters Bev- On Tuesday, September 13, 2005, they will through service at a nonprofit or faith-based erly Radez and Dolores Polifroni; and his five dedicate their brand new, $28 million, five- organization. beloved grandchildren. story Trinitas Comprehensive Cancer Center, Jordan is a recent graduate at Lewisville which will house the Hospital’s state-of-the-art High School and the organization matching Bill Nasser embodied the allegiance to a Medical and Radiation Oncology programs, in- her $500 in Federal funds is the Tau Rho community that every town in America wishes cluding technology that will be the first of its Omega Chapter. of its citizens. The State of Indiana was fortu- kind in the State, giving their staff the re- Over 38,000 students to date have received nate to call him one of its own. Indiana will sources they need to ensure that cancer care this award and I extend my sincere congratu- miss Dr. William Nasser. in New Jersey is the best in the Nation. lations to Jordan Elliot for being one of them. Trinitas Hospital is a full service healthcare This student’s contribution and services should f facility and a Catholic teaching hospital spon- serve as inspiration to those who wish to PELL GRANT HURRICANE AND sored by the Sisters of Charity of Saint Eliza- make a positive difference in the lives of oth- DISASTER RELIEF ACT beth. They care for and serve many of my ers. friends and neighbors in my district. f The hospital already serves our community SPEECH OF by offering the greatest of cancer care, pro- PERSONAL EXPLANATION viding services from diagnostics to chemo- HON. BOB ETHERIDGE therapy treatment to patient and family coun- HON. JAY INSLEE OF NORTH CAROLINA seling, as well as everything in between. In OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES addition, the Hospital conducts a large number IN THE HOUSE OF REPRESENTATIVES Wednesday, September 7, 2005 of outreach programs for the community to Thursday, September 8, 2005 screen for breast, prostate, cervical, and colon Mr. ETHERIDGE. Mr. Speaker, I rise in sup- cancers, and to educate community members Mr. INSLEE. Mr. Speaker, over the Labor port of this legislation to assist college stu- about cancer detection and prevention. In a Day weekend, I volunteered at the Houston dents who have been victimized by wide- State like ours, where New Jersey residents Astrodome to assist in relieving the victims of spread devastation visited on the Gulf Coast have a 16 percent higher incidence of cancer Hurricane Katrina. On Tuesday, September 6, by Hurricane Katrina last week. We, in North that the national average, education and pre- 2005, en route to Washington, DC, from Hous- Carolina, know well the destruction hurricanes vention are the keys to overcoming the battle ton, a passenger on my aircraft attempted to can cause as our State has been hit by at against this insidious disease, and Trinitas commit suicide and the flight was temporarily least five major hurricanes over the past dec- Hospital is, and continues to be, a leader in rerouted to Nashville, TN. As a result, my ade. The Federal Government has a solemn this all-important fight. flight was significantly delayed in landing at responsibility to help those in need, and H.R. I would also like to commend them for their Dulles airport, causing me to miss votes for 3169 is one very small step in that effort. efforts to raise awareness about minority both H. Res. 360, commemorating the 60th Specifically, H.R. 3169 will relieve some health disparities in New Jersey, and to offer anniversary of V–J Day and the end of World burden for displaced college students who oth- services to fill the gap in health care quality for War II in the Pacific, and S.J. Res. 19, a joint erwise would be required to pay back their our minority citizens. Their concern about the resolution calling upon the President to issue Pell grants. This bill would allow the U.S. Edu- higher incidence of cancer among minorities a proclamation recognizing the 30th anniver- cation Department to waive the repayment re- led to the establishment of the Breast Health sary of the Helsinki Final Act. quirement for Pell grant recipients whose Outreach program, which provides crucial in- Had I been present in the House of Rep- school attendance is interrupted because of formation on cancer prevention to thousands resentatives, I would have voted in support of the impact of a disaster, provided that the stu- of minority women each year. both resolutions, H. Res. 360 and S.J. Res. dents were living, working or attending school Mr. Speaker, I ask you to join me as I rec- 19. in an area designated by the President to war- ognize Trinitas Hospital and the men and f rant major disaster assistance. women there who are dedicated to making our TRIBUTE TO DR. BILL NASSER Congress must also pass legislation intro- community a better place; and I encourage my duced by Congressman GEORGE MILLER and colleagues to join me in sending our congratu- Congressman DALE KILDEE to provide more latory best wishes as they dedicate their new HON. MIKE PENCE comprehensive relief for student victims of the Comprehensive Cancer Center facility. OF INDIANA storm. Nearly 100,000 college students have IN THE HOUSE OF REPRESENTATIVES f been displaced, while some 30 colleges in the CONGRATULATIONS TO JORDAN Thursday, September 8, 2005 Gulf Coast region have been severely dam- ELLIOT, RECIPIENT OF THE Mr. PENCE. Mr. Speaker, the State of Indi- aged by Hurricane Katrina. Many students and PRESIDENTIAL FREEDOM SCHOL- ana lost a giant of the medical community last families no longer have the necessary re- ARSHIP week. On Friday, September 2, Dr. William sources to pay for college—even after their Nasser passed away at St. Vincent Indianap- current Federal student aid is taken into ac- HON. MICHAEL C. BURGESS olis Hospital, where he started a cardiology count. We need to ensure that we help all college students and student borrowers who OF TEXAS program 32 years earlier. have been adversely impacted by this dis- IN THE HOUSE OF REPRESENTATIVES Bill Nasser’s own battle with heart problems led him to launch a cardiology network in Indi- aster. Thursday, September 8, 2005 ana so that Hoosiers would no longer have to Congress has much, much more work to do Mr. BURGESS. Mr. Speaker, I rise today to travel hundreds of miles just to receive basic to assist in the relief, recovery and reconstruc- recognize the superior academic performance care. tion in the wake of Hurricane Katrina. H.R. of Jordan Elliot, a recipient of this year’s Presi- As Bill graduated from the Indiana Univer- 3129 is a minimal early step in that effort, and dential Freedom Scholarship. Thirteen stu- sity School of Medicine in 1961, a bacterial in- I urge its adoption.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.027 E08SEPT1 E1794 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 RECOGNIZING THE RANCHO BUENA reach to the community through concerts, Branch. The organization graciously matched VISTA LITTLE LEAGUE ALL music education, and partnerships with area the federally funding with a $500 contribution. STAR TEAM AND THEIR COACH- educators and community service providers. Over 38,000 students to date have received ES For more than five decades, the Jackson this award and I extend my sincere congratu- Symphony Orchestra has brought outstanding lations to Christopher V. Sexton for being one HON. DARRELL E. ISSA artists and a wide variety of music venues to of them. This student’s contribution and serv- OF CALIFORNIA Jackson audiences. Over the years, there ices should serve as inspiration to those who IN THE HOUSE OF REPRESENTATIVES have been numerous world premieres; per- wish to make a positive difference in the lives formances in ballet, opera, and jazz; and an of others. Thursday, September 8, 2005 emphasis on works by 20th century com- f Mr. ISSA. Mr. Speaker, I rise today in rec- posers. ´ The Jackson Symphony Orchestra Associa- FREEDOM FOR JULIO CESAR ognition of the Rancho Buena Vista Little ´ ´ League all star team and their coaches. I want tion champions the arts through music edu- LOPEZ RODRIGUEZ to congratulate them on an outstanding per- cation. It operates a community music school formance at the recent Little League World that provides private instruction on all orches- HON. LINCOLN DIAZ-BALART Series in Williamsport, Pennsylvania. tral instruments, early childhood music class- OF FLORIDA I want to recognize Manager Marty Miller es, home school orchestras, a string academy, IN THE HOUSE OF REPRESENTATIVES and Coaches Joe Pimentel and Randy and after-school string instruction for children Thursday, September 8, 2005 Reznicek, whose years of service to the com- at risk. The Jackson Symphony Orchestra munity through Little League Baseball at Ran- educational programming directly reaches over Mr. LINCOLN DIAZ-BALART of Florida. Mr. cho Buena Vista have inspired many young 1,500 young people each year and reaches an Speaker, I rise today to speak about Julio athletes throughout our community. It is additional 4,000 families each year through Ce´sar Lo´pez Rodrı´guez, a political prisoner in through the dedication, strength of character, family concerts, in-school performances, and totalitarian Cuba. and devotion of men like Marty, Joe and special events. Mr. Lo´pez Rodrı´guez is an independent li- Randy that these young men have flourished, Beyond the concert stage, the Jackson brarian and pro-democracy activist in totali- not only in athletic skill but in character. Symphony Orchestra, through its presence in tarian Cuba. According to Human Rights First, The Rancho Buena Vista Little League team the community, has created an environment Mr. Lo´pez Rodrı´guez is Vice President of the won 25 of the 26 games they played last sea- that has contributed to the development of Frente Lı´nea Dura movement and Director of son and made it to the United States Cham- many local arts organizations. These include its independent library. He is a longtime activ- pionship game. They displayed exemplary the Jackson Chorale, the Michigan Shake- ist for democratic change. sportsmanship throughout both the regular speare Festival, and the Jackson Youth Sym- Independent librarians in Cuba, such as Mr. season and during the Little League World Se- phony. The presence of the Jackson Sym- Lo´pez Rodrı´guez, provide the indispensable ries. From the first pitch of the season to the phony Orchestra is also regularly credited as service of circulating truth at a time when the Little League World Series finals, they played a factor in attracting new business and key tyrannical regime provides only propaganda. the game with dignity and won our respect in employees into the community. These heroic librarians circulate important the process. On behalf of the United States Congress, I works, including literature written by authors Unquestionably, the players on the Rancho am proud to honor the Jackson Symphony Or- such as George Orwell, Va´clav Havel, and Dr. Buena Vista Little League team are not only chestra for its 55 years of dedication in the Martin Luther King, whose works are among exceptional athletes but also exceptional performing arts, as well as to the community. the classics of anti-totalitarian literature. young men. They played with resolve and I commend their use of innovative programs As part of the tyrant’s heinous July 2005 focus in the face of spirited competition and I which has provided musical education for the crackdown on peaceful pro-democracy oppo- am proud to be their Representative, and to Jackson community. I expect the Jackson nents, on 22 July, Mr. Lo´pez Rodrı´guez was stand in their honor today, Mr. Speaker. Their Symphony Orchestra to continue their path of arrested as he tried to participate in a peaceful accomplishments serve as an example of the excellence for years into the future. demonstration outside the French Embassy in positive impact that Little League baseball has f Havana, demanding the release of political on its young participants. prisoners in Cuba. As part of this vicious Once again I would like to congratulate the CONGRATULATIONS TO CHRIS- crackdown, approximately 30 brave opponents players on the Rancho Buena Vista Little TOPHER V. SEXTON, RECIPIENT were arrested at home, on their way to the League Team—Royce Copeland, Daniel OF THE PRESIDENTIAL FREE- demonstration or on the sidelines of the gath- Gibney, Danny Vivier, Johnny Lee, Josh DOM SCHOLARSHIP ering. Gomez, Aaron Kim, Kalen Pimentel, Austin Mr. Lo´pez Rodrı´guez is currently languishing White, Dylan de Meyer, Ryan Gura, Nathan HON. MICHAEL C. BURGESS in an abhorrent, inhuman cell in the totalitarian Lewis, Reed Reznicek and their coaches—on OF TEXAS gulag. The State Department reports that po- their remarkable achievement. I call upon my IN THE HOUSE OF REPRESENTATIVES lice and prison officials beat, neglect, isolate, and deny medical treatment to detainees and colleagues to join me in applauding these Thursday, September 8, 2005 young men for their exceptional accomplish- prisoners, including those convicted of political ments and continued success. Mr. BURGESS. Mr. Speaker, I rise today to crimes. It is a crime of the highest order that f recognize the superior academic performance people who work for freedom are imprisoned of Christopher V. Sexton, a recipient of this in these nightmarish conditions. HONORING THE JACKSON SYM- year’s Presidential Freedom Scholarship. Thir- Despite the regime’s constant gangster style PHONY ORCHESTRA ASSOCIA- teen students in the 26th Congressional Dis- repression, freedom and democracy are on TION FOR 55 YEARS OF EXCEL- trict are receiving this special recognition. the march in Cuba. Courageous leaders like LENCE IN THE PERFORMING This award recognizes outstanding service Mr. Lo´pez Rodrı´guez defy the dictator’s ma- ARTS AND DEDICATION TO THE and citizenship initiatives by the students, who chinery of repression and, despite every threat JACKSON COMMUNITY were nominated, and provides an opportunity and obstacle, demand liberty for the people of to acknowledge their leadership. Administered Cuba. Through their bravery, through their ac- HON. JOHN J.H. ‘‘JOE’’ SCHWARZ by Learn and Serve America, the scholarship tions, and because of their unwavering com- OF MICHIGAN provides $500 in Federal funds, matched with mitment, and the works of thousands of other IN THE HOUSE OF REPRESENTATIVES $500 from a community organization or busi- Cuban patriots, Cuba will be free again. ness obtained for the student by their high Mr. Speaker, it is completely unacceptable Thursday, September 8, 2005 school or Boys and Girls Club. Winners must that, while the world stands by in silence, Mr. Mr. SCHWARZ of Michigan. Mr. Speaker, I have completed at least 100 hours of commu- Lo´pez Rodrı´guez languishes in the gulag be- rise today to recognize the Jackson Symphony nity service, either through a school-based cause of his belief in freedom, democracy, Orchestra Association for 55 years of beautiful service-learning program or independently human rights and the rule of law. My col- music and a commitment to community serv- through service at a nonprofit or faith-based leagues, we must demand the immediate and ice in Jackson County. I commend the Jack- organization. unconditional release of Julio Ce´sar Lo´pez son Symphony Orchestra for both its high Christopher is a member of the Boys and Rodrı´guez and every political prisoner in totali- quality performing arts programs and its out- Girls Club of Greater Fort Worth—Panther tarian Cuba.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.032 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1795 A TRIBUTE TO REVEREND RALPH TAIWAN PRESIDENT CHEN IN RECOGNITION OF THE TASK E. BLANKS SHUI-BIAN FORCE ON MENTORING OF MONT- GOMERY COUNTY ON THE OCCA- HON. ROBERT A. BRADY HON. DAN BURTON SION OF ITS FOURTEENTH AN- NUAL CONFERENCE OF PENNSYLVANIA OF INDIANA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, September 8, 2005 HON. CHRIS VAN HOLLEN Thursday, September 8, 2005 Mr. BURTON of Indiana. Mr. Speaker, today OF MARYLAND Mr. BRADY of Pennsylvania. Mr. Speaker, I I rise to pay tribute to Taiwan President Chen IN THE HOUSE OF REPRESENTATIVES rise today to honor Reverend Ralph E. Blanks Shui-bian. In late September he will be making Thursday, September 8, 2005 for his installation to the Superintendence of a brief stop in Miami en route to Central Amer- the Central District. An inspirational member of Mr. VAN HOLLEN. Mr. Speaker, I rise today ica and later staying overnight in San Fran- to congratulate The Task Force on Mentoring our community and roll model to all, Reverend cisco on his way back to Taiwan. During his Blanks has served as the Senior Pastor of (TFM) of Montgomery County on the occasion stopovers in Miami and San Francisco, I am of its fourteenth annual conference entitled Janes Memorial United Methodist Church hopeful that a few of my colleagues will have since July of 2001. Prior, Reverend Blanks ‘‘Saving Our Children—Compassionate Men- a chance to visit with him, and—more impor- toring’’, which will be held on the Rockville served for more than 15 years as the Pastor tantly—exchange views on Taiwan’s future, of Mother African Zoar United Methodist campus of Johns Hopkins University on Thurs- Taiwan’s relations with China and the United day, October 6, 2005. Church—the Mother Church for African Ameri- States, and Taiwan’s bid to re-enter the United cans in the United Methodism. For more than fifteen years, the TFM has Nations. been a mainstay of support for at-risk youth in Beyond his church ministry, Reverend In the last five years, President Chen has Montgomery County. It has been repeatedly Blanks also serves in leadership positions in shown strong leadership in guiding his people recognized for the high quality mentoring pro- several prestigious faith-based organizations. through turbulent times. Despite worldwide fi- He is currently Chair of the United Methodist nancial challenges, Taiwan’s economy has grams it has implemented in partnership with Metro Ministries of Eastern Pennsylvania Con- continued to grow and despite pressures from many of our community’s schools, civic organi- ference and Chair of the Resource Develop- Taiwan’s opposition leaders, Taiwan has been zations and, more recently, correctional facili- ment Committee of the African American Inter- faithful to its route of constitutional reform and ties. Moreover, as if to underscore the spirit denominational Ministries, Inc. full democratization. Today, Taiwan continues guiding its work, the TFM offers all of its re- His religious involvement in the community to be a beacon of prosperity and freedom cruitment assistance, training expertise and is not the only extent to which Reverend throughout Asia. Taiwan’s 23 million people technical support free of charge. Blanks gives so generously to others. He is enjoy high standards of living and full rights of Because of the Task Force on Mentoring of also a current Mayoral appointee to the freedom and liberty. Montgomery County—and its legions of School District of Philadelphia Board and President Chen has been deft in handling trained and dedicated volunteers—more and Chair of the City of Philadelphia’s Fair Hous- cross-strait relations. Despite China’s passage more of our youth are growing up to become ing Commission. Among other honors, he of the anti-secession law last spring, China’s active, positive participants in our community. serves as the Vice Chair of the North Philadel- positioning of 700 missiles along Taiwan’s They are making great plans to lead great phia Health System, Chair of the Patient Serv- coast and China’s many other unfriendly acts lives. ices Committee of St. Joseph’s Hospital and toward Taiwan, President Chen has insisted Mr. Speaker, on the occasion of its four- several community boards including the Ko- on a peaceful solution to the Taiwan issue and teenth annual conference, I ask all of my col- rean Community Development Service Center an early resumption of talks between himself leagues to join me in saluting the Task Force and Greater Philadelphia Health Action, Inc. and other Chinese leaders. President Chen on Mentoring of Montgomery County and in Among the many awards given to Reverend fully understands that peace and stability with- thanking the TFM for its consistent commit- Blanks, the Community Spirit Award from the in the Taiwan Strait are in global community’s ment to the children and youth of Montgomery African American Interdenominational Min- best interest. County, Maryland. istries; the Presidents award from the Black As for Taiwan’s relations with the United f Clergy of Philadelphia and Vicinity; the Human States, we have strong trade and cultural relations with Taiwan. Taiwan is one of our largest A TRIBUTE TO JAMES EDWIN Rights Award from the Philadelphia Commis- KUHN sion on Human Relations; the Preacher of the trading partners and cultural exchanges be- Year Award by the Black United Methodist tween our two countries are vibrant. Moreover, Preachers; the Outstanding Service to Com- we are committed to defending Taiwan under HON. DUNCAN HUNTER munity and Church Award from the City Coun- the framework of the Taiwan Relations Act, OF CALIFORNIA cil of Philadelphia; and the Liberty Bell Award and we are fully committed to a peaceful solu- IN THE HOUSE OF REPRESENTATIVES from the City of Philadelphia. tion of the Taiwan issue—no military conflict Thursday, September 8, 2005 should ever occur in the Taiwan Strait. More- I ask that you and my distinguished col- Mr. HUNTER. Mr. Speaker, I rise today to leagues join me in congratulating Reverend over, we appreciate Taiwan’s full cooperation with us in combating terrorism, its monetary honor and pay tribute to the life and memory Ralph E. Blanks, for his lifetime of service and of a good friend and a great American, Mr. dedicated commitment to the community, on contributions to the Twin Towers Fund, Pen- tagon Memorial Fund and its offer of humani- James Edwin Kuhn of EI Centro, California. his installation to the Superintendence of the Jim died shortly after midnight on Monday, Au- Central District. tarian assistance to victims of Hurricane Katrina. gust 29, 2005, when his sports utility vehicle f It is regrettable that Taiwan has been ex- overturned on Evan Hewes Highway. cluded from many world organizations such as Those of us who knew Jim best remember PERSONAL EXPLANATION the World Health Organization and the United a family man and an agricultural innovator Nations. It has been a gross injustice to deny who shared his passion for the outdoors. He HON. JO ANN EMERSON Taiwan’s 23 million people their proper voice is from a family of farmers that settled in Im- OF MISSOURI in the world. The United States should take perial Valley in the early years of the 20th IN THE HOUSE OF REPRESENTATIVES more active steps in helping Taiwan re-enter century and helped build one of the strongest the World Health Organization and the United agricultural sectors in the country. Thursday, September 8, 2005 Nations. Jim was born April 21, 1964, spending Mrs. EMERSON. Mr. Speaker, earlier this It is my hope that President Chen and the much of his early childhood working on the week I accompanied constituents of mine from people of Taiwan will receive both proper and family farm. In high school, he shined as a West Plains, Missouri, as they delivered sup- greater international attention as President wrestler and a football player, demonstrating plies to the people that have been affected by Chen travels to Central America and hopefully himself as a leader and making obvious his Hurricane Katrina. As a result I missed rollcall to the Asia-Pacific Economic Cooperation desire for success. Jim’s father reinforced the votes Nos. 454, 455, 456, 457, 458, and 459 (APEC) forum in Busan, Korea, this Novem- importance of receiving a well-rounded college on September 6, 7, and 8, 2005. Had I been ber. The story of Taiwan, in the person of education, but also advised him to learn as present, I would have voted ‘‘yes’’ on all of the President Chen, needs to be told and heard much as he could about Imperial Valley, busi- aforementioned rollcall votes. around the world. ness, and agriculture. When he graduated

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.036 E08SEPT1 E1796 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 high school, Jim left for Stanford University members meet weekly for training and update Jack Daniel’s virtues have been heralded by and graduated in 1986 with a degree in Slavic themselves regularly on new fire training and presidents, movie stars and musicians. languages and literature. He immediately re- rescue techniques so they can be prepared for U.S. Vice President John Nance ‘‘Cactus turned to Imperial Valley and continued the any emergency situation they may be pre- Jack’’ Garner, in office during the repeal of Kuhn farming tradition started by Jim’s grand- sented with. In total, the Company serves 26 Prohibition, was said to have invited friends to father. square miles and approximately 14,000 peo- his office right here in the Capitol to ‘‘strike a Jim immediately began looking and thinking ple. Over the past 50 years, literally hundreds blow for liberty’’ with the help of Jack Daniel’s. of ways to improve and expand the family of men and women made significant contribu- It’s been reported that Winston Churchill ap- business. He took his father’s idea of export- tions of time and effort to the Company. proved of the whiskey to the point his appre- ing compressed hay to dairies in Japan and An important asset of the East Brandywine ciation provoked extraordinary discomfort before long, Kuhn farms grew into a large, Fire Company is the Ladies Auxiliary—an or- among his country’s Scotch-makers. vertically-integrated farming, processing, and ganization that has played multiple roles Jack Daniel’s association with the Rat Pack exporting company with more than 300 em- throughout the Company’s history. The Auxil- and its Chairman of the Board, Frank Sinatra, ployees. Jim received much admiration and iary has brought in thousands of dollars by ca- is legendary. During his lifetime, he was said respect from his workers and their families, tering banquets, selling antiques, and hosting to have always traveled with a supply of Jack and just like Jim, they took great pride in the chicken barbeques in the community. Today, Daniel’s just in case his favorite libation was word done at Kuhn farms. there are 90 members, 15 of which are active. unavailable. That may also be the case with While maintaining a reputation as an inno- Mr. Speaker, I ask that my colleagues join his final journey. A small bottle of Jack is re- vator in the transport and international sale of me today in honoring the East Brandywine ported to have been buried with Mr. Sinatra. hay and forage products, Jim also founded KF Fire Company, Station 49, for their invaluable With this rich heritage, the legend of Jack Dairy in 1992 and, in conjunction with Gossner service and contributions they have made to Daniel’s lives on stronger than ever today. The Foods of Utah, established Imperial Valley their community over the past 50 years. Rolling Stone, has named Jack Daniel’s an Cheese—a local cheese production facility. He f American Icon while Stephan Jenkins of Third is also credited for introducing Klein Grass to Eye Blind—a popular rock band, so I am Imperial Valley, where it has become a signifi- HONORING THE LIFE AND told—has said to the people of Lynchburg, cant crop. BIRTHDAY OF JACK DANIEL ‘‘Ya’ll should be proud of yourselves because Jim also created the Salton Sea Inter- Rock ‘n’ Roll would not have been invented national Bird Festival in an effort to share with HON. LINCOLN DAVIS without your product.’’ the community his passion for photographing OF TENNESSEE And, finally, no less than the great American birdlife and desert scenery. He recognized the IN THE HOUSE OF REPRESENTATIVES writer and Noble Prize-winning author William Faulkner once sized up Jack Daniel’s real ap- value and beauty of Imperial Valley, and want- Thursday, September 8, 2005 ed nothing more than to show everyone living, peal when he said ‘‘It’s a good thing that in a visiting, or traveling through his community Mr. DAVIS of Tennessee. Mr. Speaker, trav- changing world there are some things you can that agriculture and wildlife can coexist. The el to almost any country in the world, tell folks count on, like the quality of Jack Daniel’s.’’ Bird Festival has become an annual event you’re from Tennessee, and they’re likely to As in the best of American stories, Jack bringing people from all over the world to Im- respond with a smile and the name of some- Daniel rose to its heralded place from humble perial Valley. one they know from my 4th Congressional beginnings. It all started with Jasper Newton Mr. Speaker, I know Jim’s loving wife, Heidi, District—Jack Daniel. Daniel born in Lynchburg sometime in Sep- and his two children, Vienna and Fritz, will I’m proud to represent the people who craft tember, sometime around 1850. Then as now, continue to share with family and friends his one of America’s best-known and most-be- Jasper Newtown’s friends just called him Jack. passion for adventure and the outdoors. loved products. Every drop of the 7 million And a fortunate thing, since I can’t imagine a I ask my colleagues to join me in honoring cases of Jack Daniel’s Tennessee Whiskey glass of Jasper would have captured the and paying tribute to the life and memory of wetting the whistles of folks in more than 140 America’s fancy as completely. Jack was just James Edwin Kuhn. countries is made and mellowed, drop by five-foot-two-inches tall and left home before f drop, in Lynchburg, Tennessee. That’s quite he’d reached the age of ten. He took up with an accomplishment for a town with just one and learned the art of making whiskey from a HONORING THE EAST traffic light and whose population is advertised local Lutheran preacher named Dan Call and BRANDYWINE FIRE COMPANY as just 361. his African American still hand, Nearest Now, to tell you the truth, Lynchburg’s popu- Green. Jack later bought the minister’s dis- HON. JIM GERLACH lation is a bit larger than that. As one of my tilling operation when Call’s congregation OF PENNSYLVANIA Moore County constituents has confided, forced their spiritual advisor to choose be- IN THE HOUSE OF REPRESENTATIVES ‘‘Why does it say population 361 on the bot- tween making spirits and saving them. tle? There is probably five or six hundred peo- About the time Jack set out on his own, the Thursday, September 8, 2005 ple living in Lynchburg. They just want us to American Civil War broke out. The land Mr. GERLACH. Mr. Speaker, I rise today to look small.’’ around Lynchburg was taken and retaken by honor the East Brandywine Fire Company, Small or not, as the home to the Jack Dan- Union troops seven times, and the foraging ar- Station 49, on the occasion of their 50th anni- iel’s Tennessee Whiskey and America’s oldest mies of the North and South made corn and versary. registered distillery, Lynchburg and Moore grain for whiskey-making hard to come by. The East Brandywine Fire Company has a County have made sizeable contributions to Through it all, Jack held fast to his simple phi- long and distinguished history of improving the the American way of life. In fact, the little town losophy—‘‘Every day that we make it, we’ll quality of life within its community by providing of Lynchburg may be the largest per capita tax make it the best that we can.’’ the highest quality of emergency fire and med- contributor in the country when it comes to Making it Mr. Jack’s way meant adding an ical service. Located in Guthriesville, Pennsyl- federal revenues generated by the fruits of extra step to the traditional whiskey-making vania, the East Brandywine Fire Company their labors. Each gallon of whiskey in Jack process. Jack mellowed his whiskey drop by proudly serves both East and West Brandy- Daniel’s warehouses will generate about drop through 10 feet of sugar maple charcoal wine Townships and a portion of Upper $13.50 in federal taxes. Multiply by the more before putting it up to mature in white oak bar- Uwchlan Township. The Company was formed than a million gallons resting in each ware- rels. This extra blessing added time and ex- out of necessity in 1955 when two devastating house, then multiply it again by the 74 ware- pense to making his whiskey, but a taste of fires broke out and the existing fire companies houses dotting the hillsides, and it adds up to what emerged from the barrels had most folks didn’t respond in a timely manner. Residents right at a billion dollars. And that’s not just a agreeing it was worth the wait. During its 150- were upset by the slow response and decided one-time contribution. The whiskey made by some-year history, Jack Daniel’s Old No. 7 to take matters into their own hands and form the people of Moore County and the Jack has been awarded seven international gold a fire company of their own. On April 12, Daniel Distillery generates more than $115 medals, beginning with the first it won at the 1956, a charter was drawn and the East Bran- million a year in federal, state and local taxes 1904 World’s Fair in St. Louis. The 1904 dywine Fire Company had its first monthly across the country. World’s Fair helped usher in the American meeting. But as significant as these taxes revenues Century, which the little man from Tennessee Today, the Company consists of 20 plus ac- are, Jack Daniel’s contributions to American and his whiskey was destined to be a growing tive members who are always on call. The culture are far greater. Through the years, part of.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.040 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1797 In 1911, the distillery was left to Jack Dan- month in which we celebrate the birth of Mr. prestigious award is given each year to an iel’s nephew Lem Motlow, who watched over Jack Daniel, I would ask my colleagues to join ambulance service that provides outstanding the distillery through 29 years of state and name in saying—Here’s to the spirit of America, service to the residents and continued training tional prohibition. One of the ways Mr. Lem Mr. Jack of Lynchburg, Moore County, Ten- and development for its community volunteers. occupied himself during those long dry years nessee, 155 years old, and still out on the Founded in 1947, the Westwood Fire Com- was to engage in one of the grandest of diver- town—responsibly—every night. pany EMS provides fire, rescue, and EMS sions—politics. Straightforward to a fault, Lem f services to their local surrounding areas with ran for the state legislature on the campaign competence and expertise. In the beginning, promise—‘‘Elect me and I’ll do something for IN HONOR AND LOVING MEMORY the Company had 13 original members. myself! But I’ll also do something for you!’’ OF NICO TRUJILLO Today, they have expanded their numbers sig- And that’s exactly what he did. Lem eventually nificantly with over 35 active firefighters, EMS helped change the law in Tennessee so that HON. ED PASTOR personnel, and Fire Police officers. he could return to making whiskey and his OF ARIZONA The Westwood Fire Company EMT provides friends could go back to enjoying it. IN THE HOUSE OF REPRESENTATIVES primary service to the Township of Valley and Major General George S. Patton and his portions of East Fallowfield and Highland Thursday, September 8, 2005 Second Armored Division trained in Camp Townships. In these areas, the Company op- Forrest, a military base near Lynchburg, in Mr. PASTOR. Mr. Speaker, I rise today in erates two pumpers, a pumper rescue, a 1941. Along with learning the tactics that loving tribute and memory of Nico Trujillo, who brush unit, a traffic control unit, and a BLS would ultimately free Europe, the men who passed away at the age of 94 on September ambulance. The Company responds to ap- trained there acquired a taste for Jack Dan- 1, 2005. proximately 700 EMS calls per year and 350- iel’s—a taste they would eventually take home The second oldest of nine brothers and sis- fire/rescue calls. Moreover, the Company fur- with them, spreading the word about this ters, Nico was born and raised in St. Johns, ther contributes to its community by providing smooth Tennessee spirit. Sales of Jack Dan- Arizona. Her commitment to public service automated external defibrillators at discounted iel’s rocketed from 150,000 cases in the early was evident even as a young woman, when prices for schools and community organiza- 1950s to more than 1 million cases by 1970. she advocated for equal rights for women and tions. Additionally, in an effort to educate the To support this rapid growth and to make sure minorities in her community. She ran for a community and keep themselves up to date friends of Jack Daniel’s Old No. 7 wouldn’t seat in the Arizona House of Representatives on the latest rescue techniques, the Company have to go without, Lem’s four sons entrusted in 1954, but withdrew her candidacy due to frequently provides weekly training drills. the care of their Uncle Jack’s distillery to an- pregnancy complications. In 1956, Nico was a The services provided by the Westwood other American whiskey family—the Browns of delegate to the Democratic National Conven- Fire Company EMS are free of charge and the Louisville, Kentucky. tion in Chicago, and again in 1960 during Company depends solely on the countless vol- Brown-Forman Corporation purchased the John F. Kennedy’s nomination by the Demo- unteers who spend time away from their fami- Jack Daniel’s Distillery in 1956 and wisely left cratic Party. Nico remained politically active lies so that they can help others in their com- untouched the whiskey-making and mellowing throughout her life, campaigning for Governor munity. In turn, the community frequently gives methods faithfully practiced by the distillery for Paul Fannin, Eddie Basha, Governor Hull, and back to the Company by providing them with more than a century. Under the watchful care Governor Napolitano. financial assistance that is used to help pur- of Brown-Forman, Jack Daniel’s Old Ten- On December 24, 1933, Nico married the chase supplies, apparatus, and essential nessee Whiskey has continued to make new love of her life, Lugarno Trujillo, and they were equipment. This selfless attitude has helped friends, satisfying people of different tastes by blessed with six children: Wallace, Gladys, the Company grow and prosper over the past bringing along side its venerable Old No. 7 Dennis, Richard, Jerri, and Gail. The loving 50 years. brand new family members like Jack Daniel’s couple also helped raise children of their ex- Mr. Speaker, I ask that my colleagues join Single Barrel, Gentleman Jack Rare Ten- tended family who tragically lost their parents me in honoring the Westwood Fire Company nessee Whiskey and Jack Daniel’s Country at an early age. Nico was the beloved grand- EMS for its recognition as the 2005 Pennsyl- Cocktails. mother of sixteen grandchildren and twelve vania Ambulance Service of the Year and for Jack Daniel’s and Brown-Forman have long great grandchildren. As a proud mother, the invaluable service they provide to their fel- been industry leaders in promotion responsible grandmother, and great grandmother, she in- low citizens of Chester County, Pennsylvania. drinking. These are good folks. They want stilled in her family the values of education, f their products enjoyed but never abused. Each faith in God, and responsibility to one’s family MAC COLMENERO: WINNER OF THE year, they invest millions of dollars in The and community. 2005 JOHNS FELLOWSHIP AWARD Century Council’s award winning educational Mr. Speaker and colleagues, please join me programs to combat drunk driving and under- in honoring Nico’s strong sense of service to age drinking. Their brand advertising, repleat her community, love of family, and deep faith HON. BOB FILNER with images of the beautiful landscape and that defined her life. Her passing marks a OF CALIFORNIA good people of Moore County, is highly re- great loss for her family and friends, and also IN THE HOUSE OF REPRESENTATIVES sponsible. And most recently, Jack Daniel’s for her community. Nico lived her life with Thursday, September 8, 2005 has carried this message to millions of Ameri- compassion, energy, and an unwavering com- Mr. FILNER. Mr. Speaker, today I acknowl- cans through a NASCAR sponsorship pro- mitment to the public good. She will be greatly edge a great friend of labor—Macario moting the use of designated drivers and—lit- missed by her family and many friends, and Colmenero. erally and figurateively—driving home the her legacy will forever live on in the memories ‘‘Mac’’ was born just south of downtown San message emblazoned on the aptly numbered and hearts of those who knew and loved her Diego in Barrio Logan, formerly known as 07 car—‘‘Pace Yourself. Drink Responsibly.’’ well. Logan Heights, to Ben and Guadalupe This care for the whiskey, the consumers f Colmenero. As a child, he helped out in his fa- who enjoy it and the special people and spe- ther’s meat and grocery store at the corner of cial place where it is made are the things that HONORING WESTWOOD FIRE National and Sigsbee Streets. He also sold add up to the global legend of Jack Daniel’s COMPANY EMS newspapers for the Tribune Sun and later de- today. Under the watchful care of Brown- livered other newspapers in town. Forman Corporation Chairman Owsley Brown, HON. JIM GERLACH Mac attended Our Lady of Guadalupe President and Chief Executive Officer Paul OF PENNSYLVANIA School and was a graduate of their first class Varga, Master Distiller Jimmy Bedford and the IN THE HOUSE OF REPRESENTATIVES in June of 1950. He attended high school at good people of Moore County and Lynchburg, Saint Augustine but left before graduating to Thursday, September 8, 2005 Tennessee, I’m proud to inform the House that join the Navy in 1952. Jack Daniel’s Old No. 7 become this year the Mr. GERLACH. Mr. Speaker, I rise today to After his tour of duty, he found a job at Har- No. 1 selling whiskey in the world. Congratula- honor the Westwood Fire Company EMS in bor Box Company which manufactured wood- tions, Moore County, and Mr. Jack. recognition of their dedicated service to the en boxes and crates for tomatoes grown in Finally, in honor of Jack Daniel’s and the citizens of Chester County, Pennsylvania. Chula Vista. His starting wage was a $1.25 an people of Moore County, their status in the The Westwood Fire Company EMS was re- hour with no benefits. world as ambassadors of American culture, cently awarded the 2005 Pennsylvania State In 1956, he worked for T. Claude Ryan and hard work, and timeless truths; and in this the Ambulance Service of the Year Award. This Rohr Aircraft Co. In 1957, he enrolled in the

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K08SE8.001 E08SEPT1 E1798 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 Cement Finisher Apprenticeship Program with leagues in the 109th Congress to please join row, not next week, not next month, but today Cement Masons Local #744 at the old Crafts- me in not only recognizing Margaret Davies and each and every day in the future, until the men Hall on Centre Street. Construction work for her outstanding life, but to wish her a very victims of the Katrina Diaspora are allowed to was slow in San Diego, so he went to work for happy 90th birthday. return home or are appropriately resettled in a a Custom Auto repair shop for a short time. In f community of their choosing. August 1959, Mac went to work for Benton Just as all persons of Jewish decent have a Roofing Co. as a roofer loader, then as a roof- ON CONSIDERATION OF right to return to their homeland in Israel, we er for Veteran’s Roof Co. He then advanced to EMERGENCY SUPPLEMENTAL must ensure that all victims of the Katrina Di- journeyman, foreman and superintendent with aspora be given the right and opportunity to Witherow Roofing Co. HON. SANFORD D. BISHOP, JR. return to their homes. In 1978, he was elected as a delegate to OF GEORGIA Finally, I applaud the leadership on both the Roofers International Convention in Miami. IN THE HOUSE OF REPRESENTATIVES sides of the aisle for taking this matter up today. In December of that year, he was elected to Thursday, September 8, 2005 the office of Business Agent of Roofers Local I do not care about sound bites or political #45 where he served also as the Apprentice Mr. BISHOP of Georgia. Mr. Speaker, let advantage here. Those concerns do not help Coordinator and Secretary of the JATC. He me say at the outset that my thoughts, pray- the millions of Americans who have been held this office for three terms, a total of nine ers, and condolences continue to go out to all robbed of everything. years. In 1986, due to the finances of the of the victims and citizens whose lives have What I am concerned with and what all of local, the position of business agent was elimi- been ravaged by Hurricane Katrina and its us across the Nation should be concerned nated and he was voted in as president, a aftermath. with, is how we move forward in an effective non-paying position. And I must also commend the efforts of and responsive fashion. In 1987, he obtained a C–39 Roofing Con- communities across this great Nation, for Are we correcting our administrative mis- tractor’s license and signed an agreement with opening their hearts and homes to the victims takes and missteps on a daily basis? Local #45. In 1993, he was unanimously voted of this tragedy. Are we taking care of our citizens? to the office of Business Manager, where he In my district, the Beattie Road Church of This is the time to pull together, not apart. also serves as the Financial Secretary-Treas- Christ, Mt. Zion Baptist Church, the Albany This is the time to work together, to share urer, Agent, Organizer, Apprentice Coordi- Marine Corps Logistics Base, Fort Benning, ideas and to use our collective wisdom and nator, Chairman of the Apprenticeship JATC, Norman Park Assembly, the Southwest Geor- energy to get the job done. Even if this means and Apprentice classroom instructor. gia Chapter of the American Red Cross and admitting that we have made mistakes. Mac also serves as a trustee to the Roofers the many others who are too numerous to We must be clear that this is just a down Trust and is one of the directors at the Na- mention, but who have opened their hearts, payment on meeting the costs of this disaster. tional City Parks Apartments. Mac re-joined homes and wallets to help the nearly 800 vic- There is a long road ahead. And it is my hope the ‘‘Johns’’ in 1993 and plans to be a lifetime tims of Katrina who are now foster residents of that what we are doing here today provides member. After serving 12 years in Roofers the Second Congressional District of Georgia, the short term relief that is so desperately Local #45 as Business Manager, Mac plans to should be recognized as well. needed by the victims of Katrina. retire in December of this year, but will con- Two weeks ago, I do not think any of us Only time will tell if we are adequately meet- tinue to assist with the Apprenticeship Pro- could have imagined using the word ‘‘dias- ing the needs of the victims of this awful trag- gram. pora’’ to describe the lives of American citi- edy. Mac has been married to his wife Karen for zens. But that is the situation that we are now f 31 years and they have lived in North Park faced with. SECOND KATRINA SUPPLEMENTAL since 1974. We are all too familiar with the horrific im- APPROPRIATIONS BILL I am proud to salute Mac Colmenero on his ages coming from the Gulf Coast: images of recognition with the Johns Fellowship Award! our own people suffering, images that I know HON. BOB ETHERIDGE f will always haunt me as I am sure that they OF NORTH CAROLINA will haunt you. HONORING MARGARET DAVIES IN THE HOUSE OF REPRESENTATIVES I also know that we are all too familiar with the accusations and mistakes that have been Thursday, September 8, 2005 HON. DALE E. KILDEE made at FEMA and at other levels of govern- Mr. ETHERIDGE. Mr. Speaker, I rise in sup- OF MICHIGAN ment. These are legitimate accusations that port of H.R. 3673, the second emergency sup- IN THE HOUSE OF REPRESENTATIVES deserve an investigation. plemental bill for the victims of Hurricane Thursday, September 8, 2005 in the end, however, it is what we do now Katrina. We, in North Carolina, are very famil- Mr. KILDEE. Mr. Speaker, I rise before you that matters. That is why I am standing here iar with the destructive power of hurricanes, today to pay tribute to an outstanding indi- today because I believe that we are still mis- and Congress has a solemn responsibility to vidual, Ms. Margaret Davies. On September managing this crisis, particularly the resources assist the efforts for relief, recovery and recon- 11, 2005, family and friends will gather to and assistance being provided evacuees as struction. honor Margaret, as she celebrates her 90th they disperse throughout the United States. Congress also has a serious responsibility birthday. Just yesterday, my staff received several to assure accountability in the use of taxpayer Margaret Rowe was born on September 13, calls from the families of evacuees who have money, and the legislative branch must not fail 1915 in Little Rock, Arkansas, where she at- been relocated to the State of Georgia, whose in its constitutional duty to oversee the oper- tended Little Rock Public Schools. She later needs are not being fully addressed by FEMA. ations of the executive branch. There can be moved to my hometown of Flint, MI, where We have been told of several cases where no doubt that the Federal agencies charged she married Jay B. Davies in 1946. Margaret evacuees, who are lucky enough to get a with responding to this disaster were too slow, and her husband Jay had two children, Jimmy FEMA debit card, quickly learn that it has yet too confused and too ineffectual in discharging Davies, currently of Durham, NC, and Kim to be activated or simply doesn’t work. their duties in the critical early hours and days Smith of Indianapolis, IN. Mr. and Mrs. Davies We continue to hear that it is very difficult of Hurricane Katrina. Congress must take ef- were also blessed with three grandchildren and almost impossible to reach FEMA by fective action to ensure that the funds appro- and one great-grandchild. The two enjoyed a phone, despite FEMA’s ongoing and specific priated today will assist those who have suf- marriage of 33 years, until Jay’s passing in request that evacuees contact the agency by fered so egregiously through no fault of their 1979. phone or e-mail. I question where these evac- own. Margaret has been a longtime resident of uees are going to get computer access, just This tragedy has raised urgent questions Genesee County. She worked for many years as I know their access to telephones is limited. about the performance of disaster prepared- at the YMCA until retiring in 1983, and was an But even more horrific are the stories of ness and emergency response agencies. Con- active member of Holbrook Avenue Church of evacuees, panhandling, without clothes, with- gress must work in bipartisan cooperation to God. Today she can often be found reading out shoes, without any place to turn. correct these deficiencies. As the U.S. Depart- her Bible or sending e-mails to her loved Mr. Speaker, this is not the America I know. ment of Homeland Security continues to work ones. FEMA and the Department of Homeland Se- to protect our country during the war against Mr. Speaker, as the Member of Congress curity must be held accountable and, they terrorism and in the midst of a very active hur- representing Genesee County, I ask my col- must be held accountable today, not tomor- ricane season, America cannot afford a failure

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.041 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1799 by Congress to fix the problems Hurricane ignore such information. Additionally, the New While the American people want us to be gen- Katrina has exposed. Orleans Times-Picayune predicted this very erous, there are many hard decisions ahead. f disaster as recently as 2002. President Bush’s It is incumbent on all of us in the Congress to assertion that ‘‘no one could have predicted’’ ensure that we invest our taxpayer dollars in H.R. 3673—SECOND EMERGENCY this disaster is clearly, and tragically, wrong. the most responsible way. SUPPLEMENTAL APPROPRIATIONS Through the generosity of millions of Ameri- f cans, those families affected by the hurricane HON. TOM UDALL are receiving some of the help they need, and SECOND EMERGENCY SUPPLE- OF NEW MEXICO I have absolutely no doubt that they will pre- MENTAL APPROPRIATIONS FOR IN THE HOUSE OF REPRESENTATIVES vail in rebuilding their lives and their commu- HURRICANE KATRINA RESPONSE Thursday, September 8, 2005 nity. We must pledge to do all we can to help. As we proceed with the long-term solutions, HON. SUSAN A. DAVIS Mr. UDALL of New Mexico. Mr. Speaker, I we need to make sure we do the right thing OF CALIFORNIA rise today to express my great concern with here in Congress. It is our job to make IN THE HOUSE OF REPRESENTATIVES the situation still being faced by families dev- choices and these choices reflect our prior- Thursday, September 8, 2005 astated by Hurricane Katrina. ities. I hope the majority will acknowledge that As needed relief is finally making its way many of the choices made in recent years Mrs. DAVIS of California. Mr. Speaker, my down to the affected region, our thoughts go were ill-advised. Together, we need to put the thoughts and prayers go out to the people of out to all the victims and their families. Late financial resources to work to improve the the Gulf Coast and their loved ones who have last week, this body passed a $10.5 billion aid lives of survivors. It is not the time for busi- been so profoundly affected by Hurricane package that will provide initial funding for im- ness-as-usual, cut-taxes-at-all-costs, short- Katrina. My deepest gratitude goes out to all mediate and long-term responses. Today, we change-the-working-poor proposals we have those engaged in relief efforts. are passing an additional $51.8 billion. This come to expect from the majority. We can do Our nation is grieving. The images and sto- funding will cover only a sliver of the final fi- better, and we must. ries broadcast from flooded streets and make- nancial toll taken on communities throughout f shift shelters will be forever engraved in our the Gulf Coast and what will be needed for minds and hearts. Hurricane Katrina has col- families to re-start their lives. Yet this mone- H.R. 3673—SUPPLEMENTAL lectively wounded us. But, out of this anguish, tary cost pales in comparison to the immense APPROPRIATION an intense commitment has emerged—to emotional and human cost that continues to stand alongside the brave survivors during this grow. HON. THOMAS E. PETRI time of recovery. At the end of the day, the United States OF WISCONSIN While Katrina’ s historic rampage of the Gulf government is constitutionally obligated to ‘‘in- IN THE HOUSE OF REPRESENTATIVES Coast can be measured in hours, recovery will sure domestic tranquility, provide for the com- likely be recorded in terms of years and bil- mon defense, [and] promote the general wel- Thursday, September 8, 2005 lions of dollars. Last week, Congress provided fare’’ for all citizens. Particularly during a time Mr. PETRI. Mr. Speaker, in less than a a ‘‘down payment’’ of $10.5 billion. We are of crisis, it is absolutely necessary that these week, we will have passed supplementals pro- here today to approve a $51.8 billion disaster obligations be fulfilled. In that regard, the fed- viding over $60 billion in emergency aid to re- relief package to aid further recovery efforts. eral government has failed. In the wake of spond to the devastation caused by Hurricane All support—given recent events—carry grave Hurricane Katrina last week, thousands of Katrina. We have been told we are spending concerns about how money will flow to those families, stranded, injured, homeless, and about $2 billion a day in hurricane response suffering from this natural and man-made dis- without basic necessities of water and food efforts. We all want to care for those who aster. waited and waited and waited for emergency have suffered damaged homes and those who Like many, I am alarmed over apparent relief. For four days, the President, Congress, have been left homeless, many with literally delays, and lack of communication and coordi- and the Federal Emergency Management only the shirts on their backs, by this terrible nation. But, these frustrations cannot distract Agency (FEMA) minimized to themselves and storm. I realize many face an uncertain future us from the work ahead of us. Our priorities to the public the immensity of what was occur- with unemployment gone and only questions are clear: Focus on Katrina’s survivors, first. ring. The very institutions established to serve remaining. Many of the survivors have lost loved ones, and protect the American people instead At the same time, $60 billion spent over 6 are homeless, and face the terrifying prospect watched and waited as the tragedy grew. weeks creates an opportunity for waste and of starting their lives over. Nevertheless, they The response of the government to the unwise spending decisions. I want the funds to have demonstrated a remarkable resiliency in needs of these communities was demon- go to those who need it and those who have a desire to move forward and need support to strably and woefully inadequate. I am pleased and continue to suffer. But we also owe it to do so. that an investigation has been launched to dis- our constituents—and indeed perhaps even Families have been separated, and must be cover why the government agencies entrusted more to Katrina’s victims—that these funds be reunited. with providing emergency aid failed to respond spent based on careful consideration of what The injured and sick need care and treat- in any meaningful way to the grave situation. is needed and what is the best and most ef- ment, including a wide array of mental health Ultimately, we must determine what changes fective—and cost effective—method for services. need to be made in order to ensure that future achieving our goals. My office has been in direct contact with relief efforts are not hindered by incompetent Chairman LEWIS has stressed the account- local disaster response officials to ensure that management or bureaucratic obstructions, as ability provisions included in the bill. The In- San Diego’s available resources are aiding they were last week. However, we will only spector General of the Homeland Security De- those suffering in Louisiana and Mississippi. find true accountability with a bipartisan, inde- partment will be monitoring the expenditure of Members of San Diego’s Urban Search-and- pendent commission to investigate what went these funds. The Appropriations Committee Rescue Taskforce have left for the Gulf Coast wrong. will receive weekly reports on how the funds to provide assistance, as well as a variety of Natural disasters such as Hurricane Katrina are allocated. first responders and military personnel. can never be prevented, no matter how well We all want to respond to this disaster in After we have seen to the needs of those prepared we may be. However, shifting natural the most compassionate way possible. But we hurt by Katrina, let’s look at the broader pic- conditions on the planet indicate that we may also have an obligation as elected officials to ture. There must be a thorough and inde- soon be seeing an increase in such events. In ensure that funds we spend are carefully con- pendent review of the response effort in the early August 2005, the National Oceanic and sidered, used for true critical and emergency coming days. We need to answer the serious Atmospheric Association (NOAA) released a functions, and spent wisely. questions and concerns Hurricane Katrina report stating that environmental conditions Once all are out of harms way with imme- raised about emergency planning. Namely, we guaranteed an increase in destructive and diate needs met, I hope that we will slow need to address the care and evacuation for powerful hurricanes along the Gulf Coast. Al- down and move forward in a deliberative way the vulnerable in our communities when emer- ready this year we have seen an increase in as we consider continued response and, most gencies arise. hurricanes along the Gulf Coast. Such a warn- importantly, long-term plans for rebuilding the On a personal note—based on my volunteer ing has been voiced for some time, and we Gulf Coast. We will be held accountable, as experience with the Red Cross after Katrina’s are now seeing the results if we continue to we should be, for the investment of the funds. landfall—we need to develop an efficient

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.045 E08SEPT1 E1800 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 method of tracking missing family members SECOND KATRINA SUPPLEMENTAL Since retiring in December 2003, Bea has and reuniting them with their loved ones. I APPROPRIATIONS not sat idle. She currently volunteers approxi- spoke to people who were desperate to learn mately four to six days a month as a Retired the whereabouts of their loved ones. The pain HON. ROSA L. DeLAURO Senior Volunteer Patrol (RSVP) for the San in their voices was evident and made worse OF CONNECTICUT Diego Police Department and remains ener- by the scarcity of available information. A IN THE HOUSE OF REPRESENTATIVES getic in church and family activities. number of websites, registries and other elec- I am proud to salute Bea Avina on her rec- tronic bulletins have sprung up in response. Thursday, September 8, 2005 ognition as the Johns Retiree of the Year. CNN and other cable channels have taken on Ms. DELAURO. Mr. Speaker, as we speak, f this challenge. Children are going before the rescue personnel from across the country are cameras seeking relatives. What is the federal continuing the relief effort while ordinary citi- HONORING MASTER SERGEANT responsibility to ensure a comprehensive zens in cities throughout America are volun- TROY A. STEWART emergency database for such catastrophes? teering and giving. They are taking in those We need to reevaluate existing emergency who have lost everything. Heroism is winning HON. DALE E. KILDEE management practices and policies. What are out. And the funding in this underlying bill will OF MICHIGAN the skill sets needed to assure those in charge help ensure that it continues to. IN THE HOUSE OF REPRESENTATIVES are able to properly and aggressively manage But as we work to get this relief effort right, Thursday, September 8, 2005 a widespread emergency? How much can we Congress should recognize how we got to this realistically rely on the military? Can and point. That starts with understanding what this Mr. KILDEE. Mr. Speaker, I am happy to should those capabilities be developed to a Administration has done to FEMA. rise before you today to recognize the accom- greater extent in the civilian population? Do Last year, former director of FEMA James plishments of an American hero, Master Ser- we overextend and over depend on local re- Lee Witt told us, and I quote—‘‘Scientists tell geant Troy A. Stewart of Essexville, MI, which sponders who—by virtue of being personally us that we are going to be seeing more cata- is in my district. On September 10, the United affected by a cataclysmic event—are unable strophic natural disaster events in the 21st States Marine Corps will join family and to provide their talents when needed? Century then we’ve ever seen. . . And yet we friends to pay tribute to Master Sergeant We can, we must, and we will do everything have destroyed the one agency that not only Stewart, as he retires from active service after possible to make sure our lack of prepared- responds to those events, but also works with 20 dedicated years. ness and slow response to this catastrophic state and local governments to do pre-disaster Troy Stewart was born August 29, 1966, in on-going tragedy never happens again. mitigation prevention before that risk could my hometown of Flint, MI. He enlisted in the ever happen, to minimize that risk.’’ Marine Corps on June 27, 1985, and was as- f As long as our nation gazes upon the dev- signed to 29 Palms CA for Communications astation in this once-vibrant city of New Orle- Center School, where he graduated as the REGARDING THE $10.5 BILLION AID ans, it will remain a symbol of this Administra- Academic Honor Graduate. By August 1986, PACKAGE FOR THE VICTIMS OF tion’s misplaced priorities—its misplaced val- Private First Class Stewart was promoted to HURRICANE KATRINA ues. The Obey Amendment would have gone Lance Corporal, and reported to Marine Wing a long way toward restoring FEMA to the effi- Communications Squadron-28, Marine Air HON. GREGORY W. MEEKS cient, non-political agency it was during emer- Control Group-28, 2nd Marine Air Wing in OF NEW YORK gencies like the Oklahoma City bombings in Cherry Point, NC, where he worked as a Field IN THE HOUSE OF REPRESENTATIVES the 1990’s. In doing so, we would ensure that Message Center Operator. Two years later, Corporal Stewart reported for duty as the Divi- Thursday, September 8, 2005 never again in the face of a national disaster will the Federal government and the agency sions Enlisted Assignments Non-Commis- Mr. MEEKS of New York. Mr. Speaker, responsible for emergency relief fail to act or sioned Officer at Headquarters and Service ‘‘Four years ago this month, the City I rep- fail to lead. We owe the victims of Katrina and Battalion, 3rd Marine Division, in Okinawa, resent fell victim to a major disaster now infa- the heroes of this rescue effort nothing less. Japan. mously known as 9/11. When that happened f In 1989, Corporal Stewart returned to the we received the world’s sympathy and we ex- United States, stationed first at Camp Lejeune, pected and received the support of the federal BEATRICE AVINA: WINNER OF THE NC, and later back at Cherry Point, where he government to help us rebuild. Last Decem- 2005 JOHNS RETIREE OF THE also attended Non-Commissioned Officers ber, the world came to the aid of Southeast YEAR AWARD School. Corporal Stewart graduated a few Asian nations when the Indian Ocean leapt days before the rest of his class, due to his upon the shores of Indonesia, Sri Lanka and HON. BOB FILNER deployment as a Top Secret Courier with the other coastal nations. The world responded OF CALIFORNIA 4th Marine Expeditionary Brigade in support of and the U.S. Federal government stepped up IN THE HOUSE OF REPRESENTATIVES Operation Ahaus Tara in Honduras. Corporal to the plate. Stewart returned again after that mission, and Once again, disaster has struck, this time in Thursday, September 8, 2005 served as SORTS Non-Commissioned Officer, the form of hurricane Katrina. Again, thou- Mr. FILNER. Mr. Speaker, by the time Bea Platoon Sergeant, and the Squadron’s Train- sands of people will have lost their lives and began her career in 1984 with the AFL–CIO ing Non-Commissioned Officer. ten times that have lost their homes and liveli- Community Services Department with United From 1990 through 1993, Sergeant Stewart hood. The world is offering its sympathy and Way of San Diego County, she had already attended Communications Systems Chief support and Congress is meeting its responsi- learned that families have special needs due School as well as Drill Instructors School. In bility by providing the Federal Government to unexpected events and circumstances. July 1995, he received a Meritorious Pro- with $10.5 billion in initial emergency aid. Cer- Those things she learned while she was a motion to Staff Sergeant. Following his Drill In- tainly more will be needed, and more will be member of UFIWU and Seafarers Inter- structor duty, he reported to Quantico, VA, provided. national. where he completed Air Crew School and op- Additionally, I urge my fellow members of Addressing those special needs gave her an erated as a Marine One Communicator. In Congress to work with their local communities advantage when chairing the Federal Emer- January 2002, Master Sergeant Stewart as- on neighborhood efforts to provide support for gency Mortgage Assistance Program, Catholic sumed the duties as the Staff Non-Commis- the relief efforts. As Americans we have many Charities’ SDG&E Utilities Program, and work- sioned Officer in charge of the Recruiting Sub- differences amongst us. Differences in race, ing in cooperation with the San Diego Food Station in Saginaw, MI, the position he holds religion and political ideologies to name a few. Bank. Under her leadership, the Adopt a Fam- to this day. However, we have two commonalities that ily Program and the Toy & Holiday Food Drive I would also like to acknowledge Master supercede those differences—we are all were developed and still continue to be a suc- Sergeant Stewart’s wonderful family: his wife, Americans and we are all human beings. As cess. Corporal Kimberly Stewart, and their daugh- it was four years ago in my City of New York, Bea Avina has always been dedicated to ters, Desiree´ and Tory. it is today in our Gulf region. Let us respond bringing her fellow brothers and sisters social Mr. Speaker, I am honored to acknowledge today as we did then with overwhelming com- and economic justice. She is a prime example the life and career of Master Sergeant Troy passion and support for fellow members of our of a person who always puts her neighbor’s Stewart. He has served his country with dig- American-human family’’. needs first. nity and honor, and has been recognized

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.048 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1801 many times with personnel awards including pass this important relief measure, let me as- Why did the director of FEMA have no Navy and Marine Corps Commendations Med- sure all Americans that we stand ready, will- emergency management experience? als, three Navy and Marine Corps Achieve- ing, and able to assist the victims of Hurricane Why was funding for the Army Corps of En- ment Medals, the Presidential Service Badge, Katrina. As we prepare to provide the appro- gineers designated to protect the City of New and six Marine Corps Good Conduct Medals. priate and necessary assistance to ensure our Orleans from a dangerous flood of this level, For 20 years, he has helped make our country citizens can rebuild their lives, we must admin- diverted to pay for tax cuts for the wealthiest a safer place in which to live. I ask my col- ister these Disaster Assistance funds respon- 1 percent of Americans? leagues in the 109th Congress to join me in sibly. These questions demand answers. congratulating him, and wishing him well in his Over the past two years, my Subcommittee Last week we saw many shocking images retirement as well as all his future endeavors. has held three hearings on management at of poverty and economic disparities among us. f the Department of Homeland Security. While Like many parts of many cities in this country, not always the most exciting topic, it is strong, the tourist trodden French Quarter with fancy HURRICANE KATRINA sound management that will enable us to get hotels and restaurants are worlds away from through a crisis of this magnitude. Last year, the reality for the people who work in them. HON. CHRIS VAN HOLLEN in the aftermath of the Florida hurricanes, One third of the city of New Orleans lived OF MARYLAND FEMA administered grants through the Individ- below the poverty line, and these people, IN THE HOUSE OF REPRESENTATIVES uals and Households Program. Just as we mostly African American, where the ones who were most impacted by this storm and the Thursday, September 8, 2005 seek to do today, these grants were intended to provide emergency relief to those most im- mismanagement of the Federal response. Mr. VAN HOLLEN. Mr. Speaker, I rise to ex- pacted. Unfortunately, according to a report by We also saw positive images of Americans tend my deepest condolences to the victims of the Department of Homeland Security Office helping Americans in need. We saw a young Hurricane Katrina, who lost their lives, their of Inspector General (Audit of FEMA’s Individ- six year old boy; lead his siblings to safety homes, their communities, and their liveli- uals and Households Program in Miami-Dade and to be re-united with his family. We saw hoods. My thoughts and prayers are with them County, Florida, for Hurricane Frances, OIG– neighbors help out other neighbors to get and their families. 05–20), there were numerous documented in- them to safety, and we saw the National I have been very disappointed in what ap- stances of improper payments. Guard many fresh off duty in Iraq, put on their pears to have been a slow federal response to The assistance that we are providing to the boots and wade into the water to save lives. this disaster. In addition, many appeared to victims of Hurricane Katrina is too important to This money today will provide an immediate have ignored warnings over the years about be misspent. The Federal government has a infusion of cash to provide healthcare for dis- the potential vulnerabilities and the steps that responsibility to ensure the proper and effec- placed people, emergency housing vouchers could be taken to prepare for this situation. tive distribution of aid. Any dollar lost to fraud for people without a home, emergency unem- It is my hope that we can come together on or mismanagement is a dollar that does not ployment insurance for people now without a a bipartisan basis and work to review and as- make it to someone who is in need. job, and money for debris removal and sys- sess the adequacy of the early federal, state, With the passage of the Stafford Act (Public tems to provide clean water to the city of New and local preparedness. We must also con- Law 93–288) and its subsequent amend- Orleans. tinue to focus on providing immediate assist- ments, the Congress put in place specific re- This money partners with the amazing re- ance to those in need. I am pleased that the quirements for the effective allocation of dis- sponse of the American people and the world Congress convened on an emergency basis to aster funds. This statutory framework is de- community to the victims of Hurricane Katrina. provide more than 10 billion dollars for dis- signed to protect these resources from those Constituents throughout my district have vol- aster relief efforts and trust we are providing who would seek to gain at the expense of the unteered their time, contributions and money an additional $52 billion today. In addition, I victims of disasters such as Hurricane Katrina. to help the people of the Gulf remembering have been working with federal, state, and With sound management, appropriate controls how these same people helped us after 9/11. local officials to ensure that Maryland does ev- and accountability, we will have the means to When America hurts, America helps and the erything it can to support the relief efforts. The continue to provide resources to those who remarkable sacrifice and contributions of so State of Maryland has dispatched members of are truly in need of assistance. many people who have opened up their wal- its National Guard and Montgomery County f lets and homes to these victims is what makes has dispatched search and rescue squad per- our country so great. sonnel. Other local governments are actively SUPPLEMENTAL APPROPRIATIONS Today’s support is a strong step, but it not exploring ways that they can help. I am espe- FOR HURRICANE KATRINA the last step. The last time this many people cially proud of the people throughout our com- were displaced was during the Civil War. This munity and country’s outpouring of support for HON. JOSEPH CROWLEY Congress must get back to work in a bi-par- those whose lives have been shattered by OF NEW YORK tisan manner, and address the needs both im- Hurricane Katrina. They have opened their IN THE HOUSE OF REPRESENTATIVES mediate and future, of the victims of Hurricane arms, their homes, and their pocketbooks. Katrina. And we should not adjourn or recess Thursday, September 8, 2005 Mr. Speaker, while the enormity of this trag- until we do so. Tax-cuts, estate tax repeal, edy is overwhelming, I am confident that a Mr. CROWLEY. Mr. Speaker, I rise in sup- plans to privatize Social Security, should all spirit of determination and generosity will en- port of these supplemental appropriations for take a back burner, while these people suffer. sure that we will rebuild and endure. Our the victims of Hurricane Katrina. We must work to bring the full Federal re- strength as a nation will be evident in the days As someone who helped rebuild my city, sources of this government to help these peo- to come as communities throughout our coun- New York City, after the terror attacks of 9/11 ple get back into their homes and quickly as try unite to provide assistance to those in and as someone who lost over 110 constitu- possible, and to rebuild their lives. need. ents, countless friends and my first cousin to We must use this tragedy as an opportunity f the horrors of the World Trade Center, I know to improve the quality of life for these resi- the pain and suffering the people of the Gulf dents of New Orleans and the Gulf Coast. For ON PASSAGE OF H.R. 3673 Coast are feeling and their despair. one-third of the people of the city of New Orle- When America hurts, America helps. ans to be living in poverty, sub-standard hous- HON. TODD RUSSELL PLATTS The damage of Hurricane Katrina is much ing with poor healthcare, is in-excusable in OF PENNSYLVANIA greater than the physical destruction that was this the richest country in the world. We must IN THE HOUSE OF REPRESENTATIVES left in its wake. And it is much more than the raise living standards through job training, bet- psychological trauma that has affected these ter schools and stronger neighborhoods and Thursday, September 8, 2005 survivors who are now displaced. The damage eradicate the hopeless conditions so many Mr. PLATTS. Mr. Speaker, as Chairman of is so great, and the lack of response from our Americans live in not only in the Gulf region the Government Reform Subcommittee on Federal Government in the immediate days but throughout our Nation. Let us use this ter- Management, Finance, and Accountability, I after this storm was so small, that it begs for rible storm to learn a lesson and commit us to rise today to express my concern for the vic- this Congress to demand answers. a new war on poverty that will truly bring tims and to emphasize the importance of en- Why was the agency that is responsible for Americans who are living in 19th Century pov- suring that every dollar allocated to this relief our emergency response, FEMA, so woefully erty into the 21st Century through better hous- effort gets to its intended recipient. As we under-prepared and under-funded? ing, healthcare and education.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.052 E08SEPT1 E1802 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 And we must use this as an opportunity to STATEMENT ON THE SECOND Republican Majority to examine the federal find out what went wrong, how our govern- EMERGENCY SUPPLEMENTAL government’s response to Hurricane Katrina. ment whose responsibility is protecting its citi- APPROPRIATIONS FOR HURRI- This committee, simply put, will be toothless. zens, failed so miserably in the Gulf Region CANE KATRINA RESPONSE f and how we can prevent this tragedy again. I HURRICANE KATRINA call for an independent Commission, bi-par- HON. KENDRICK B. MEEK tisan with the full authority of the 9/11 Com- OF FLORIDA mission to get to the bottom of this, and rec- IN THE HOUSE OF REPRESENTATIVES HON. AL GREEN OF TEXAS ommend to the Congress the changes that will Thursday, September 8, 2005 be necessary to protect American lives in the IN THE HOUSE OF REPRESENTATIVES Mr. MEEK of Florida. Mr. Speaker, in this future. Thursday, September 8, 2005 time of national tragedy, the merits of this bill are obvious. The American people are gen- Mr. AL GREEN of Texas. Mr. Speaker, I f erous and insist that we offer aid and assist- want to join with persons across this great na- ance to Hurricane Katrina’s survivors. tion and this world to express my condolences STATEMENT IN SUPPORT OF THE The confidence of our nation was shaken by for those who have suffered as a result of HURRICANE KATRINA SUPPLE- the slowness and shortcomings of the federal Hurricane Katrina. I also want to commend all MENTAL government’s response to this massive human those people who have worked hard to lift up tragedy. their fellow man during this time of crisis. While this Second Emergency Supplemental This disaster is one unlike anything we’ve HON. NITA M. LOWEY Appropriations for Hurricane Katrina Response ever seen before. At one point 80 percent of OF NEW YORK provides an additional $51.8 billion for hurri- the city of New Orleans was under water. Up cane relief, much more will need to be done. to 1 million families have been displaced. IN THE HOUSE OF REPRESENTATIVES Congress must ensure that the victims, and There are estimates that 400,000 to 500,000 Thursday, September 8, 2005 the state, local, federal and private agencies people could lose their jobs because of the that are trying to care for them, have the re- hurricane. And despite the magnitude of these Mrs. LOWEY. I rise today in support of this sources they need. numbers, they still don’t do justice to the legislation, a down payment toward fulfilling However, it is not enough to just vote for human suffering we have seen on television our obligation to help the citizens and cities large funding bills. Americans also want ac- and in person. ravaged by Hurricane Katrina. countability on the over $60 billion we have But out of every tragedy comes the oppor- appropriated so far for Hurricane Katrina relief. tunity for each and every person to show his The tragedy of Katrina has exposed some We have to make sure that the relief money or her humanity through acts of compassion. difficult truths of American life. That the richest we are appropriating today and in the future That is why I am so proud of my fellow Tex- Nation on earth is just as vulnerable to the actually gets to the victims, and is not used on ans and my fellow Houstonians. From Gov- laws of nature as the poorest. That the have- unscrupulous contractors or spent on projects ernor Rick Perry, Mayor Bill White, and Judge nots are not only poorer than the haves—they that boost the profits of companies seeking to Robert Eckels on down, everyone has come are also less safe. profit at the expense of the hurricane victims together to make sure that we do everything The tragedy has also brought into sharp and the taxpayers. This was the case in Iraq, in our power to help the quarter of a million focus the debate about the role of government where hundreds of millions of dollars were ei- evacuees we have taken in. In the Houston in citizens’ lives. It has exposed the fallacy ad- ther ‘‘lost’’ or improperly paid to contractors area alone, we have taken in over 100,000 of vanced by the leadership of this Congress and like Halliburton. our neighbors to the east, 15,000 of which the administration that government is the prob- To make sure that the $2 billion that FEMA were sheltered in the Astrodome, which is in lem, and it can’t ever be the solution. is now spending every day is properly used, I my Congressional District. believe that, even as we appropriate billions Several organizations in the Houston area I believe that government should work with for hurricane relief, we also provide additional are leading the disaster relief effort. Some of the private sector to help people help them- resources to the Office of the Inspector Gen- the help is coming from volunteers with Oper- selves to achieve their goals. Government eral of the Department of Homeland Security ation Compassion, a massive relief effort led should be a partner in making the lives of to help ensure that the additional tens of bil- by Interfaith Ministries for Greater Houston Americans better. lions of dollars that will be necessary to care and spearheaded by the Second Baptist Unfortunately, too often, on the floor of this for our fellow Americans and rebuild the South Church. The thousands of volunteers from 131 chamber, we’ve heard from Members who be- are not wasted through fraud, abuse, overpay- local congregations have assumed primary re- moan the size of the government and blast ments or ineffective government management. sponsibility for feeding the masses of storm programs to help vulnerable populations, even We have many good reasons for concern victims who have taken refuge there. I com- as they tout legislation providing billions in about wasteful spending. In the 3 years since mend them and others for extending their Federal resources to the most powerful and the Department of Homeland Security, the um- good will towards others. connected companies and individuals in this brella department that houses FEMA, was cre- As we in Congress look towards our next country. They have been allowed to snip away ated, numerous reports by the Congress, the steps, we must ensure that our top priority re- at the web of structures put in place to help Department’s Inspector General and the Gov- mains caring for those who have lost loved the American people. ernment Accountability Office have detailed in- ones, lost their homes, and lost their means of stance after instance of contracting defi- providing for their families. They have, through Katrina was the deluge that exposed what ciencies, fraud, wasteful or lavish spending, no fault of their own, become the least, the we have warned of all along—when you lax oversight and management, procurement last, and the lost of our society. It is our re- starve the government, it fails those who need shortcomings, blurred lines of responsibility sponsibility to help them back on their feet. To it most. and lack of accountability. do so they will need food stamp assistance In times of crisis and in times of need, the I believe that this Congress must make and access to Medicaid. They will need tem- people expect—and should expect—that their sure, to the greatest extent possible, that the porary emergency housing and the federal as- government will stand with them. American funds that we are appropriating today and in sistance to help them rebuild their homes and taxpayers deserve strong, competent leaders the coming months to help the Hurricane their lives. who jump into action, rather than ignore crisis Katrina victims are directed squarely at help- We have taken important first steps by and delay response. Who take responsibility, ing the victims and not those who seek to passing a $10.5 billion disaster relief bill last Friday, followed by an additional $51.8 billion not rush to point fingers. Who understand that profit at the expense of the victims who desperately need the help. This is more than just for the Departments of Defense and Home- government is necessary and can be a force a business opportunity for the Administration’s land Security today. But these are only the for good. friends. It is an opportunity to do the right first in a long series of actions that we will Last week, the U.S. Government failed its thing and help those who are suffering, and it need to try to repair the physical damage people. This legislation is merely one step to- is our obligation. caused by Hurricane Katrina as well as the ward repairing this breach of basic trust, and I also want to express my disappointment in lives of those affected by the hurricane. I ask I urge my colleagues to support it. the bicameral review committee created by the that all of my distinguished colleagues and the

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.056 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1803 people of this nation join in the effort to help seling services, similar to those offered after plaques, and monuments are some of the real rebuild and sustain the lives of the Hurricane 9–11. With skills, job and counseling where instruments of war: a tank, a Howitzer artillery Katrina victims. necessary, they will be able to become home gun, and an F–16 fighter jet. The dedication f owners and re-establish the foundation of their shown in procuring these artifacts and the communities. endless care that go into maintaining the CONCERNING THE DEVASTATION Finally, we also must face and overcome grounds demonstrate that the spirit of America AND FEDERAL RESPONSE TO another reality. Federal budget choices (mis- runs through Arcadia. HURRICANE KATRINA guided choices, in my view) have seriously Apart from Memorial Park, Arcadia exempli- weakened the Federal Emergency Manage- fies the quality of life available to those who HON. ELIJAH E. CUMMINGS ment Agency, the federal agency that is sup- call rural America home. The Trempeleau OF MARYLAND posed to be our safety net of last resort when River, which flows to the Mississippi, offers IN THE HOUSE OF REPRESENTATIVES disaster strikes. opportunities for fishing and canoeing, eagle- Thursday, September 8, 2005 The media has been accurate in reporting watching is popular year-round, and stock car races are held every Friday in the warmer Mr. CUMMINGS. Mr. Speaker, I ask that we how decisions by the Administration and the leaders of this Congress to cut funding to the months at the Fox Ridge Speedway. The town consider four realities about our nation’s re- also hosts the Arcadia Broiler Dairy Days cele- sponse to Hurricane Katrina. Army Corps of Engineers and the FEMA disaster prevention programs have weakened our bration over Memorial Day Weekend, which Allow me first to commend all of the Ameri- includes the 62-mile Memorial Bike Tour. This cans who have responded so nobly. They ability to respond effectively. Choices made in Washington have resulted vibrant community truly is a model for rural have demonstrated the best of our shared hu- areas across the state of Wisconsin and manity. in deaths in New Orleans. The President and this Congress must account for the short- America, proving that a city doesn’t have to be That brings me to a second, less-praise- big to be creative, exciting, and fun. worthy reality. Poverty, age and skin color—in comings in the Federal disaster effort for A giant corn maze in town already an- that order—have been major factors in this which we are responsible—and work together nounces the sesquicentennial celebration, life-or-death equation for the vast majority of to do a better job in the future. which will be held this Saturday, September the victims. That is a fact, not an opinion—a As I close, allow me to say that I remain op- 10, 2005. Arcadia will mark its first 150 years fact that we must address as a nation. timistic. I am optimistic that we will find a way with such events as the dedication of a local As Americans, we are all in this life to- to organize FEMA in a way that allows it to re- firefighters memorial, a classic car rally, and gether—especially during times of imminent spond effectively—maximizing the saving of the entombing of a time capsule to remind fu- danger and emergency. And the policies and lives. ture generations of this great milestone. I con- actions of our Federal Government should re- I am optimistic that this Congress will come gratulate the residents of Arcadia on their ses- flect this reality. up with a viable plan to try to make these vic- quicentennial, and I thank them for all they Third, as we respond to this disaster—and tims and evacuees whole again—partisanship have contributed to the character and econ- as we prepare for the dangers that the future aside. omy of western Wisconsin. I wish them contin- will surely bring to our country—we cannot I believe that the American people are up to ued happiness and prosperity in the next 150 eliminate the reality of widespread (and grow- this test—that we truly can rise to overcome years. ing) poverty on the Gulf Coast and throughout almost any hardship that is thrust upon us. f this country. And we must not act as if what Any of us—and our families—could well be we do here in Washington has no impact upon facing the same hardships, the same pain, the STATEMENT OF INTRODUCTION OF that deprivation. The Census Bureau just re- same loss of home and job and dignity that THE HURRICANE KATRINA BANK- ported that for the fourth straight year, the the survivors of Hurricane Katrina must now RUPTCY RELIEF AND COMMU- number of Americans falling into poverty has overcome. NITY PROTECTION ACT OF 2005 increased. Thirty-seven million Americans now These are our people, my friends, and this live in poverty, including 13 million children. is our country. We have it within our power to HON. JOHN CONYERS, JR. Not surprisingly, those who were already rise from the hesitancy and failure of past OF MICHIGAN most vulnerable were the largest group of days and rebuild. We shall rebuild New Orle- IN THE HOUSE OF REPRESENTATIVES Americans left stranded, unable to escape the ans. We shall rebuild the Gulf Coast. And we Thursday, September 8, 2005 shall rebuild our self-confidence as a great storm or the flood that followed. Mr. CONYERS. Mr. Speaker, today Rep. The poor, the sick, the weak, the vulner- Nation and a great people. MEL WATT, Rep. JERROLD NADLER, Rep. SHEI- able—so often after-thoughts in today’s Fed- f LA JACKSON-LEE and twenty four additional eral budget decisions—were left behind again. COMMEMORATING THE SESQUI- original co-sponsors have joined me in intro- We must care for them and help those who ducing the ‘‘Hurricane Katrina Bankruptcy Re- survived to reclaim their lives. CENTENNIAL CELEBRATION OF ARCADIA, WISCONSIN lief and Community Protection Act of 2005’’, to That means, in the first instance, that we protect the thousands of families and small must not further penalize those who have suf- businesses financially devastated by Hurricane fered so much. HON. RON KIND Katrina from being penalized by anti-debtor For those who were living in the Gulf Coast OF WISCONSIN provisions contained in a new bankruptcy law disaster area, we should: (1) Stop the clock on IN THE HOUSE OF REPRESENTATIVES scheduled to take effect on October 17, 2005. Federal time limits for all income related bene- Thursday, September 8, 2005 We are concerned that, just as survivors of fits (including those related to TANF, food Hurricane Katrina are beginning to rebuild stamps, and Federal Unemployment Insurance Mr. KIND. Mr. Speaker, I rise to commemo- their lives, the new bankruptcy law, effective benefits); (2) Suspend the work requirements rate Sesquicentennial celebration of Arcadia, October 17, 2005, will result in a further and for TANF and the requirement that those who one of Wisconsin’s many treasures. Named unintended financial whammy. receive unemployment insurance continue to after the Arkadhia Mountains in Greece, Arca- Unfortunately, the new bankruptcy law will look for work; (3) We should extend Medicaid dia boasts an historic downtown in the midst have the consequence of preventing thou- eligibility to CHIP parents for 12 months; and of some of the most beautiful farmland and sands of devastated families from being able (4) The Federal Government should cover all countryside in western Wisconsin. to obtain relief from the massive and unex- the costs for these programs, relieving the It is fitting that I join with the 2,400 residents pected financial obligations they are incurring. hard-hit states of this burden. of Arcadia to celebrate the town’s founding, The inflexible bankruptcy law will force victims In addition, we should do everything within because this truly is a town that has not for- of Hurricane Katrina to repay debt with income our power to employ the people who have lost gotten where it came from. Perhaps Arcadia’s they no longer have, file paper work with doc- their jobs and homes as a result of this dis- most storied attraction is its Memorial Park. uments that no longer exist, and travel to aster in the rebuilding of New Orleans and the The park’s 54 acres display monuments and courts that are possibly hundreds of miles Gulf Coast. Government and the private sector tributes to the town’s history, our nation’s wars away. It is simply absurd to place these obsta- should begin immediately to retrain and hire and conflicts, and those men and women who cles between survivors and financial security. these Americans to participate in the rebuild- fought and died in them. The walkway through When the Judiciary Committee considered ing of their communities. the park is measured so that each meter rep- the Bankruptcy Abuse and Consumer Protec- We should make sure they are mentally resents one year, so visitors complete their tion Act earlier this year, Ms. JACKSON-LEE of- ready to begin rebuilding by offering coun- own guided tour of history. Joining the statues, fered an amendment to protect the victims of

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.059 E08SEPT1 E1804 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 natural disaster like those now devastated by fected by the worst natural disaster our coun- requires that the Director of FEMA be an Hurricane Katrina. While the amendment was try has ever seen. I also extend my gratitude emergency management professional, and defeated on a party line vote without any de- to those first responders, members of the U.S. creates two deputy directors—one responsible bate, we hope that in light of recent events our Coast Guard, the National Guard, and U.S. for natural disasters and the other responsible colleagues will recognize the importance of Army Corps of Engineers for their aid and as- for terrorism related disasters with each re- protecting our most financially vulnerable sistance in relief and recovery efforts. quired to have significant experience related to Americans. Like the rest of America, I was extremely their positions. This bill will prevent new bankruptcy provi- frustrated and angered with the lack of pre- While this legislation would be a start in ad- sions from having adverse and unintended paredness and timely response by the Federal dressing concerns of the American people consequences for the hundreds of thousands Government. This was an instance where the about the handling of emergency situations, now facing financial catastrophe by providing system failed. Five days after the hurricane, the fact remains that it is still the responsibility needed flexibility for victims of natural disas- thousands were still without food, shelter and of the appropriate agencies to have com- ters in bankruptcy proceedings. clothing. We saw on television grueling pic- prehensive plans in place beforehand in order This common sense bill will insure that we tures of our most needy: the poor, elderly, and to avoid the situation we are currently finding do not compound a natural disaster with a children stranded in unbelievable conditions. ourselves in. man made financial disaster. I hope there will Many Americans, Democrats and Republicans At this time, we don’t have all of the an- be bipartisan support for expedited consider- alike—even President Bush himself—have swers as to why relief and recovery efforts fell ation of this critical legislation. recognized that the initial federal response short. One thing we do know is this national f was ‘‘not acceptable’’. tragedy in the Gulf States highlights the impor- New Orleans is the only major American city tance of the ability of our first responders to HONORING THE MALAKOFF communicate in the event of a national emer- ROTARY CLUB below sea level, and it is wedged between Lake Pontchartrain and the Mississippi River. gency. Public safety, government and military In the case of a bad hurricane hitting, experts leaders have all said that the inability of local, HON. JEB HENSARLING have said for some time now, that the city State, and Federal agencies to communicate OF TEXAS could ‘‘fill up like a cereal bowl, killing tens of was a major obstacle that made the crisis IN THE HOUSE OF REPRESENTATIVES thousands and laying waste to the city’s archi- worse. As President Bush said after Sep- Thursday, September 8, 2005 tectural heritage.’’ Despite speculation that a tember 11th, the ability for first responders to Mr. HENSARLING. Mr. Speaker, today I disaster of this magnitude could occur in this communicate is critical in the hours after a cri- would like to commemorate two significant an- region, the President’s recent budgets have sis. Unfortunately, it has been 4 years since niversaries of Rotary International. This year, actually proposed to reduce funding for flood September 11th, and clearly we have made lit- Rotary International celebrated its 100th anni- prevention in the New Orleans area. tle progress in addressing our first responders’ versary. From its humble roots in Chicago, Illi- In June 2004, Walter Maestri, emergency communications needs. I call on Congress to nois, Rotary has grown into a worldwide orga- management chief for Jefferson Parish, fretted make a real commitment to the public safety nization of business and professional leaders to The Times-Picayune in New Orleans: ‘‘It officers who are working so bravely and dili- who provide humanitarian service, encourage appears that the money has been moved in gently to help the victims of this national dis- high ethical standards in all vocations, and the President’s budget to handle homeland se- aster. help build goodwill and peace in the world. curity and the war in Iraq, and I suppose that’s Finally, I was very pleased Congress acted Since 1943, Rotary International has distrib- the price we pay. Nobody locally is happy that quickly to pass the $10.5 billion emergency uted more than $1.1 billion to combat Polio, the levees can’t be finished, and we are doing supplemental bill. This is an important first promote cultural exchanges and encourage everything we can to make the case that this step in the effort to provide direct relief. We community service. is a security issue for us.’’ are now hearing that the devastation thIs I also want to recognize the Malakoff Rotary With hundreds of millions of dollars and 40 deadly storm has left in its path may cost up- Club for their 66 years of service to Hender- percent of our National Guard already dedi- wards of $40 billion. That is equal to the fund- son County. Throughout its history, the cated to the War in Iraq, Katrina is a glaring ing provided in the emergency supplemental Malakoff Rotary Club has achieved great suc- example of the question of whether or not we bill passed after the September 11th terrorist cess in carrying out the mission of Rotary are able to effectively handle problems that attacks. Congress must provide whatever is International. arise here at home. necessary to help our Southern friends. In past years, the Malakoff Rotary Club has While this is most certainly concerning, the It is a travesty that here in America we have raised money to provide scholarships for local important thing right now, is ensuring that the seen our own citizens affected by Hurricane students and sponsored programs to improve Federal Government is doing everything hu- Katrina suffer without the basic necessities re- area literacy. In addition, they have sponsored manly possible to help the victims of this ca- quired for survival, including food, water, cloth- numerous activities with Court Appointed Spe- tastrophe. As this crisis continues, our first pri- ing and shelter. However, communities across cial Advocates (CASA) programs, Eustace ority must be to provide those affected with our country are coming together to help pro- Children’s Home and the Henderson County basic human needs. vide much needed assistance. The Mayor of Crisis Center. Looking to the days and weeks ahead, Con- Detroit, Michigan, has announced that Detroit Through these initiatives, the Malakoff Ro- gress also needs to investigate the lack of re- will provide transportation to the Detroit region, tary Club exemplifies the values of service and sponse of government and look into what temporary housing, food, and even open their charity that lie at the heart of American soci- hampered relief efforts at the most critical schools and provide counseling for the victims. ety. As the Congressional representative of time. In this regard, particular focus should be This is just one example of many across our the members of this outstanding organization, placed on the organization of DHS and FEMA. Nation where the American people are pulling it is my distinct pleasure to honor them today Again, it is clear that there was a lack of together and showing an outpouring of gen- on the floor of the United States House of adequate preparedness and response. I had erosity and regard for humanity. Representatives. concerns during the creation of the Depart- My thoughts and prayers are with all of f ment of Homeland Security (DHS) about those who have suffered throughout this tragedy. My colleagues and I in Congress must EMERGENCY SUPPLEMENTAL AP- whether it was appropriate to fold this vital and will do whatever is in our power to assist PROPRIATIONS ACT TO MEET IM- agency for national emergency preparedness the ongoing rescue and relief efforts. MEDIATE NEEDS ARISING FROM into DHS, rather than leave it as an inde- THE CONSEQUENCES OF HURRI- pendent agency. f CANE KATRINA, 2005 I voted against the inclusion of FEMA into ART CANTU: 2005 LABOR LEADER the Department of Homeland Security back in OF THE YEAR SPEECH OF 2002. My concerns in this instance may have HON. BART STUPAK been well founded, as FEMA’s initial response HON. BOB FILNER was lacking at best and failed to deliver ur- OF MICHIGAN OF CALIFORNIA gently needed help. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES I have joined with Congressman DINGELL to Friday, September 2, 2005 introduce legislation to remove FEMA from Thursday, September 8, 2005 Mr. STUPAK. Mr. Speaker, my deepest DHS so it will once again be an independent Mr. FILNER. Mr. Speaker, today I acknowl- sympathies are with those families who are af- agency with cabinet-level status. The bill also edge a great friend of labor, Art Cantu—

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.062 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1805 named the 2005 Labor Leader of the Year. Art for being honored with the 2005 Yitzhak Rabin The President is destroying the fabric of is currently the Secretary-Treasurer and Prin- Peacemaker Award. America with a combined policy of war, tax cipal Executive Officer of the International The Yitzhak Rabin Peacemaker Award is cuts for the wealthy, and reductions in spend- Brotherhood of Teamsters Local 36, which given annually to an individual who has sought ing for domestic needs. These policies are represents Building Material, Construction, In- to bring better understanding and harmonious supported by the Republican-dominated Con- dustrial, Professional and Technical Employ- relationships between various religious and gress. Even so, it was shocking to read re- ees. ethnic groups. Rabbi Wohl has carried out this ports that DENNIS HASTERT, the Speaker of the Art is a native San Diegan and graduated mission time and time again, including efforts House, said that rebuilding New Orleans made from Chula Vista High School in 1975. Art also to aid Christians suffering in Lebanon through no sense to him. attended San Diego City College where he his organization, People for Relief in Lebanon. The President’s policies have not only made completed the Business and Labor Studies Rabbi Wohl has been committed to inter- us less secure, they have widened the chasm Program. faith communication since his arrival at Tem- Art began his career working at Nabisco ple Israel of New Rochelle in 1973. Almost im- between the well-to-do and the poor. The peo- Company for Teamsters Local 316 in Syra- mediately, he coordinated the Interreligious ple who couldn’t get out of New Orleans to es- cuse, New York in May of 1976. In December Council, which brought together Catholic, cape the storm were predominantly Black and 1977, he transferred to Local 36 and began Protestant and Jewish houses of worship and poor. They stayed behind not because they driving for Oberg Construction and later at religions organizations. He has also been in- wanted to risk the danger of the hurricane, but Bechtel Power Corporation at the San Onofre strumental in other groups dedicated to inter- because they don’t have cars or any other Nuclear Generating Station and then moved to faith communication, including the West- means of escape. No one is even talking Hubbard Construction Company. In January chester Jewish Conference, which has sought about the poor in more rural areas—Blacks 1990, Art began working at Teamsters Local to cross both denominational and municipal and Whites—who have not even been 36 as an Organizer and Business Agent, and lines. reached by rescue teams. in May of 1995 was elected as the Recording Rabbi Wohl has exemplified the ideals we President Bush has tried to turn this tragedy Secretary on the Executive Board of Team- seek in individuals of faith. From creating the into a political victory by flying in on a heli- sters Local 36. In August of 2000, Art was ap- Coalition for Mutual Respect in 1979 to trav- copter to examine the damage. But he is in pointed Secretary-Treasurer. He has since eling as far as Sacramento, California, to par- store for more genuine outrage resulting from been re-elected twice. ticipate in inter-faith efforts, Rabbi Wohl has his failed policy in Iraq and the anger of the Art serves as co-chair for San Diego County worked tirelessly to sustain the dialogue nec- U.S. governors whose constituents are paying Teamsters Construction Trust for Health and essary to address conflicts among the different the price for the domestic policies of the ‘‘war Welfare, Pension, Vacation and Training faiths in our country. president’’. Mr. Speaker, I ask my colleagues to join me Trusts, as well as Alternate Trustee of the San Please find below my letter to President in honoring Rabbi Amiel Wohl on his accom- Diego County Teamsters Employers-Insurance Bush about the Federal Government’s re- plishments and in congratulating him on re- Trust Fund. Art currently serves on the Advi- sponse to Hurricane Katrina. sory Committee of the Industrial Relations Re- ceiving this award. SEPTEMBER 2, 2005. search Association (IRRA), and the Executive f President GEORGE W. BUSH, Board of the San Diego-Imperial Counties The White House, BUSH POLICIES CONTRIBUTE TO Labor Council as well as being the Treasurer Washington, DC. HURRICANE CATASTROPHE and Executive Board member of The San DEAR PRESIDENT BUSH: I am writing to Diego County Building and Construction strongly urge you to use your power and Trades Council. His newest position is with the HON. CHARLES B. RANGEL leadership to provide the most aggressive San Diego County Chamber of Commerce OF NEW YORK possible response to the humanitarian crisis Transportation Sub-committee. IN THE HOUSE OF REPRESENTATIVES taking place in Louisiana, Mississippi and Art also serves as the Recording Secretary Thursday, September 8, 2005 Alabama. The response so far has been un- satisfactory. of the California Teamsters Hispanic Caucus Mr. RANGEL. Mr. Speaker, I rise today to and the Executive Director of the National Food, water, medicine and emergency outline how President Bush’s policies con- housing is in critical need. In addition, with Teamsters Hispanic Caucus. Art is extremely tribute to the Hurricane Katrina catastrophe proud of organizing the Annual Teamsters His- the crisis seemingly affecting poor people that took place in the Gulf Coast area of our most, arrangements should be made for panic Golf Tournament held at Torrey Pines nation. Just as in Iraq, the President’s policies emergency short term grants and loans to every year. The event has raised over and unbelievable mismanagement on the do- individuals, particularly those who head $300,000 in scholarships for the sons and mestic front have brought pain and suffering to families and are taking care of children and daughters of Teamsters. Since 2000, Art and American people. the elderly. Kris Hartnett have co-chaired the John S. Thousands of people may have been killed Further, while we are all dismayed by tele- Lyons Memorial Banquet which has raised by Hurricane Katrina and many more could die vision pictures of looters, we must not allow over $1.2 million. in its aftermath because of the President’s re- the focus of our humanitarian efforts to be Art currently resides in Carmel Mountain fusal to heed the calls of the governors for diminished in any way by those actions. Ranch in San Diego. Art has 2 sons, Art Jr., help in repairing the infrastructure in their While criminal activity that threatens lives should not be tolerated, we must use max- 26, and Wesley, 24. Art Jr. currently works in states. In Louisiana, everybody knew that the Seattle, Washington and is a software engi- imum discretion in the use of force against levees that hold back flood waters were in dis- individuals who may be motivated by pov- neer for Marchex Corporation. Wes works for repair. But instead of listening to the gov- erty and hunger. the City of Santa Monica in the Engineering ernors, the President cut funding for this pur- Department. Art’s proudest moment was see- I have received many calls from constitu- pose. Again and again vital domestic priorities ents as well as Americans across the coun- ing Art Jr. graduate from Berkeley and Stan- have been sacrificed in order to pay for the try, who believe that the victims of this ca- ford and Wes from the University of California occupation and rebuilding of Iraq, and these tastrophe are receiving a lesser government at Santa Barbara. Art enjoys golf, tennis and choices are now being revealed as harmful to response than would be provided for people of traveling. our nation and people. means. True or not, this perception will be I am proud to salute Art Cantu—Labor In addition to depriving the affecting areas aggravated if in coming days Americans do Leader of the Year. of the funding that would have enabled them not see a more forceful and creative response f to prepare for Hurricane Katrina. The Presi- to this crisis, whether it means using large military planes to bring in supplies, includ- CONGRATULATING RABBI AMIEL dent’s commitment to Iraq has impaired the ing temporary housing and the use of hotels WOHL response to the crisis. It is this commitment or even cruise ships. that has contributed to the slow response of Mr. President, we must raise the level of federal troops who should have been on alert response to this crisis, the greatest natural HON. NITA M. LOWEY before the hurricane struck. Now, as bedlam OF NEW YORK disaster in the nation’s history, and it must reigns in New Orleans, 35 percent of Louisi- be done immediately. IN THE HOUSE OF REPRESENTATIVES ana’s and 37 percent of Mississippi’s National Thursday, September 8, 2005 Thanks for your consideration. Guard troops are in Iraq. The hurricane is Sincerely, Mrs. LOWEY. Mr. Speaker, I rise today to clear evidence of how the war directly affects CHARLES B. RANGEL, recognize Rabbi Amiel Wohl of New Rochelle the domestic security of our country. Member of Congress.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.066 E08SEPT1 E1806 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 HONORING STEVE PALMER, entire country has watched the images of the pension of the rules. However, I strongly op- OWNER OF PALMER PLACE RES- destruction caused by this natural disaster pose taking up H.R. 3673, the Second Emer- TAURANT ON WINNING THE RES- with shock and sadness. Those who have lost gency Supplemental Appropriations Act to TAURANT NEIGHBOR AWARD loved ones, their homes and their communities Meet Immediate Needs Arising From the Con- must receive immediate aid and the legislation sequences of Hurricane Katrina, which in- HON. DANIEL LIPINSKI we are passing today will start that process. cludes $51.8 billion for the relief effort, includ- As we respond to the immediate needs of OF ILLINOIS ing $50 billion for the Federal Emergency the families displaced by this tragic natural Management Agency (FEMA), under suspen- IN THE HOUSE OF REPRESENTATIVES disaster, the citizens of Louisiana, Mississippi sion. Doing so limits the opportunity for debate Thursday, September 8, 2005 and Alabama also have my commitment that and amendments at a time when many legiti- Mr. LIPINSKI. Mr. Speaker, I rise today to I will work with you to rebuild New Orleans mate questions are being raised about FEMA. honor Steve Palmer, owner of Palmer Place and the rest of the Gulf Coast. The impacts of We surely can spend some time debating Restaurant and winner of the National Res- this disaster on families, communities, the these issues and offering amendments to taurant Association Restaurant Neighbor economy, and the environment will be long make sure that FEMA spends this money Award. lasting. It will take resolve and commitment to properly. The Restaurant Neighbor Award is a com- ensure that we complete this enormous task. Based on the performance so far, I have no ponent of the Association’s Cornerstone initia- The American spirit and the generosity of confidence that either FEMA, or its director, tive, a comprehensive effort to advance and our citizens will be there for the victims of this Mr. Michael Brown, can manage the funds promote the restaurant industry’s role as the tragedy. The first responder in this effort, how- Congress is appropriating. Mr. Brown had no cornerstone of community involvement, the ever, must be the federal government—both experience in disaster management prior to cornerstone of career and employment oppor- for immediate needs and for long term rebuild- being appointed director of FEMA, and that tunities and the cornerstone of economy. ing. Today is a critical first step in that effort lack of experience has shown all too clearly. This year’s small business winner is Palmer and I am pleased to support this bill. Mr. Brown waited for hours after Hurricane Place. Creating a foundation sounds like a f Katrina hit the United States to issue a depart- daunting task only achieved by huge corpora- TRIBUTE TO ARMY SPECIALIST ment-wide call for help from the Department of tions with lots of money to give away. But TOCCARA RENEE GREEN Homeland Security. According to Jefferson Small Business Winner Palmer Place Res- Parish President Aaron Broussard, FEMA also taurant and its H Foundation is living proof HON. C.A. DUTCH RUPPERSBERGER prevented the Coast Guard from providing fuel that smaller restaurants can achieve big things to local emergency personnel and turned back OF MARYLAND in community outreach. trucks filled with drinking water for victims. IN THE HOUSE OF REPRESENTATIVES After a close friend and colleague died of Neither FEMA nor any other federal agency cancer, Palmer Place owner Steve Palmer Thursday, September 8, 2005 appeared to be in charge as lawlessness wanted to organize a fundraiser to raise Mr. RUPPERSBERGER. Mr. Speaker, I rise broke out in New Orleans. Three days later, money for cancer research. Palmer teamed up today to pay tribute to Army Specialist on Thursday, September 1, Director Brown with local business owners John Rot and Toccara Renee Green. said that federal officials had just learned that David Rizner to create the H Foundation Toccara Green served in the Army’s 57th people had taken refuge in the New Orleans where 100 percent of the money raised would Transportation Company, 584th Corps Support Convention Center. This was despite numer- go toward finding a cure for cancer. Battalion, headquartered at Fort Drum, NY. A ous previous news reports showing Americans The H Foundation aims to support innova- talented and dedicated soldier, Specialist gathering there. These are just a few exam- tive, forward-thinking cancer research. In Green began her commitment to the U.S. ples of the delayed and badly conceived re- 2003, the foundation donated $170,000 to the Armed Forces at an early age. While a stu- sponse to this disaster. Lurie center, from which researchers gen- dent at Forest Park Senior High School, Spe- Many of these problems stem from the in- erated $1.5 million in grants. Additionally part cialist Green spent four years in the Reserve competence of FEMA management or per- of the $200,000 the H Foundation donated Officers’ Training Corps, where she was pro- haps its position in the enormous Department was used to create a program called Families moted to executive officer. of Homeland Security, which is the amalgama- After Cancer. After her first year at Norfolk State Univer- tion of 22 federal agencies. FEMA is no longer It is my honor to recognize Steve Palmer of sity, Specialist Green decided to expedite her a cabinet-level agency, reporting directly to the Palmer Place Restaurant for his many dream of serving in the Armed forces and en- President, as it was under President Clinton. achievements both within and outside of the listed in the Army. She served for nine months People have raised questions whether this business community, fostering the growth of a in Kuwait before beginning her first tour of Iraq change, and FEMA’s move into the Depart- community as well as helping to create as a motor and transport operator. Specialist ment of Homeland Security with a focus on change and promote progress in cancer re- Green was four months from completion of her dealing with terrorist events, have made it less search. second tour of Iraq when she was killed by a able to help Americans deal with and recover roadside bomb that detonated near her con- f from natural disasters. With the situation ongo- voy in Al Asad on August 14, 2005. ing and FEMA to be heavily involved for EMERGENCY SUPPLEMENTAL AP- Through her honor and service, Specialist months to come as the Gulf region recovers, PROPRIATIONS ACT TO MEET IM- Green dedicated her life to fighting for liberty we need to get the answers to these ques- MEDIATE NEEDS ARISING FROM so that others might taste the freedom that de- tions now. We cannot do that when the major- THE CONSEQUENCES OF HURRI- mocracy brings. It is these ideals that America ity shuts off debate and prevents amend- CANE KATRINA, 2005 most cherishes, and that Specialist Green her- ments. self advanced. Furthermore, I am concerned about pro- SPEECH OF Specialist Green’s determination, enthu- viding FEMA more money, $50 billion, at a siasm, and ability to inspire others will be re- time when many Americans, including myself, HON. BETTY McCOLLUM membered by all who were privileged to know OF MINNESOTA have lost confidence in its ability to manage her. Mr. Speaker, I ask that my colleagues join IN THE HOUSE OF REPRESENTATIVES this crisis. How can we have faith that this me in honoring Specialist Green and the in- money will not be wasted, based on FEMA’s Friday, September 2, 2005 credible sacrifice she made for her country. performance to date? Particularly now, with a Ms. MCCOLLUM of Minnesota. Mr. Speak- f budget deficit of over $300 billion, we cannot er, I rise in support of the Emergency Supple- SECOND KATRINA SUPPLEMENTAL afford to waste any of our resources. In this mental Appropriations Act to Meet Immediate APPROPRIATIONS BILL time of need, we must come together as Needs Arising From the Consequences of Americans and spend whatever is necessary Hurricane Katrina, 2005 (H.R. 3645) and of HON. DIANA DeGETTE to help our citizens rebuild. But, quickly appro- the decision to call this special session to priating money without accountability will not OF COLORADO send resources to Louisiana, Mississippi and solve the problems of the Gulf region, if that IN THE HOUSE OF REPRESENTATIVES Alabama quickly. money is not going to be well-spent. Instead The thoughts and prayers of all Americans Thursday, September 8, 2005 of ramming this money through without discus- go out to the citizens of the states and com- Ms. DEGETTE Mr. Speaker, I rise to sup- sion, we should be talking about how we can munities devastated by Hurricane Katrina. The port the bills today to be taken up under sus- ensure FEMA uses this money in the best way

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.070 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1807 possible to help the citizens affected by Hurri- Based on my own personal experience Guard, and the Armed Services. Time and cane Katrina without unnecessarily blowing an dealing with FEMA and its director over the again, they risked their lives to rescue the even bigger hole in the budget deficit. last year, I warn the Members of this body that thousands of stranded people in Mississippi, f the problems you see today are just the tip of Alabama, and Louisiana. When their Nation the iceberg—and it has nothing to do with the called, they answered. This week, we will fill INTRODUCING A BILL ESTAB- magnitude of the disaster. the CONGRESSIONAL RECORD recounting their LISHING A NATIONAL INDE- Inconsistency in FEMA regulations, constant bravery and selflessness in the face of horrors PENDENT INQUIRY COMMISSION reinterpretations of the Stafford Act, federal of- and danger rarely seen in this country. They ON DISASTER PREPAREDNESS ficials treating local emergency operations did better than could be expected with the re- AND RESPONSE centers like revolving doors, lack of coordina- sources and supplies they had. tion, and FEMA’s fluid and unclear chain of Inexcusably, the administration failed both HON. ALCEE L. HASTINGS command are just a few of the many signifi- these heroes and those in need of aid. In the OF FLORIDA cant and real problems that Floridians dealt days after the hurricane had passed, the slow IN THE HOUSE OF REPRESENTATIVES with last year and are still dealing with today. and inadequate response created another cri- Thursday, September 8, 2005 I have literally begged the committees of ju- sis that compounded the initial damage. Who risdiction in this body to hold hearings on was not angered and frustrated as the images Mr. HASTINGS of Florida. Mr. Speaker, I these shortcomings. I even introduced bipar- from New Orleans washed over us like the rise today to introduce legislation establishing tisan legislation in March with our colleague, floodwaters that engulfed the city after the lev- a National Independent Inquiry Commission CLAY SHAW, to address a slew of institutional ees were breached? How is it possible that we on Disaster Preparedness and Response problems within FEMA that we experienced could not transport food, water, and medicine (NIICDPR) to examine and evaluate the Fed- first-hand last year. to the thousands trapped in the city? How eral Government’s response to Hurricane Yet every time we take our concerns to the could the conditions in the Superdome and the Katrina and assess our ability to respond to committees, we’re told, ‘‘It’s not a big enough Convention center grow so dire? future large-scale disasters. problem to consider on its own.’’ Well, Mr. We could assemble one of the world’s most While the long-term impact of Hurricane Speaker, is the problem big enough now? formidable military forces to invade Iraq which Katrina will be felt for years, our evaluation of How many people must die in a disaster be- is halfway across the globe, yet we could not the Federal Government’s response to, and fore something becomes a ‘‘big enough prob- transport the essentials to a major American preparation for, this and other major disas- lem’’ in this Congress? city. This simply boggles the mind and moves ters—natural and man-made—must begin im- Accountability is the only way to restore in- the conscience to anger and shame. Because mediately. tegrity in a broken system. An independent the various governmental agencies lacked di- Mirrored after the 9–11 Commission, the commission is the first step in repairing our rection, thousands may have died days after NIICDPR will consist of 10 members with no disaster response system, which we all now the storm subsided. Will the administration more than 5 being from either the Republican know is woefully inadequate. continue to blame the State and local govern- or Democratic parties, thus ensuring an inde- I ask for my colleagues support for this leg- ments for being unable to coordinate a relief pendent and diverse make-up of commission islation, and I urge the House Leadership to effort too big for any one entity save the Fed- members. The NIICDPR will be afforded the bring it swiftly before the House for its consid- eral government? This is unacceptable, and same powers which the 9–11 Commission en- eration. clearly Congress will need to investigate and joyed and will be tasked at finding the an- f remedy the shameful shortcomings of the cur- swers to the critical questions that we all have. rent Federal emergency management system. These include but are not limited to: EXPRESSING CONDOLENCES OF Some of my colleagues say that the race Were we adequately prepared to respond to NATION TO VICTIMS OF HURRI- and the poverty of the victims dictated the a disaster of this magnitude? Are we any CANE KATRINA speed of the relief effort. Some would also more prepared today than we were before condemn the fiscal priorities of an administra- Katrina? HON. CHARLES A. GONZALEZ tion that has pursued reckless tax cuts during What plans were in place before Katrina OF TEXAS a time of war and while our national infrastruc- made landfall to meet power, utility, and tele- IN THE HOUSE OF REPRESENTATIVES ture literally crumbles. Early reports indicate communications needs following the storm? Thursday, September 8, 2005 the administration cut funding for the Army What plans are in place for future disasters? Corps of Engineers to maintain the levee sys- What was the availability of adequate re- Mr. GONZALEZ. Mr. Speaker, I rise today tem in New Orleans. Yet, until all the facts are sources to meet the needs of displaced indi- to share my thoughts on perhaps the worst in, I urge my colleagues to reserve judgment, viduals and families, including temporary natural catastrophe to occur in America in my yet failing to fully investigate this calamity no housing, medical services and facilities, trans- lifetime. Hurricane Katrina wreaked devasta- matter how painful or embarrassing it may portation, and food and water supplies? tion beyond any we’ve seen and we will feel prove would breach our duty to the American Did our federal disaster response plans con- its wrath for years to come. As a Nation, we people. We owe this to those the administra- sider the needs of all communities? What will continue to grapple with the destruction tion failed. plans existed to ensure that underserved com- and the task of rebuilding. f munities reached safety before and after In the days and weeks to come, we will Katrina? keep the survivors and victims in our thoughts H.R. 3673, THE SECOND SUPPLE- How effective was the Federal Government and prayers while we begin the arduous proc- MENTAL FOR HURRICANE in its rescue and other life-saving techniques? ess of surveying the damage. As of yet, we KATRINA Was the federal response to Hurricane still do not know how many lost their lives dur- Katrina efficiently coordinated with State and ing the onslaught of the storm or in the after- HON. MICHAEL M. HONDA local governments? Was it adequate and ap- math. The early estimates place the lives lost OF CALIFORNIA propriate in size and scope? in the thousands, and the coming days may IN THE HOUSE OF REPRESENTATIVES What improvements do the Executive and push that tally higher. Legislative Branches need to make to in- We will also pray for the survivors many of Thursday, September 8, 2005 crease the efficiency and effectiveness of our whom have been evacuated to the sur- Mr. HONDA. Mr. Speaker, I rise in strong disaster response programs? rounding states. I am proud that San Antonio, support for H.R. 3673, the Second Emergency Mr. Speaker, my Congressional District re- my hometown, is opening its doors for thou- Supplemental Appropriations for Hurricane ceived the brunt of three major hurricanes last sands of Americans who have nowhere else Katrina Response. This measure provides an year. As I said earlier today, certainly our first to go. In some ways, this is America’s finest additional $51.8 billion for hurricane relief, with priority has to be to rescue those who are still hour as strangers have opened their homes $50 billion of that for relief and cleanup activi- alive and provide them with housing, medical and communities to people who departed from ties by the Federal Emergency Management attention, food, and water. However, as the New Orleans on buses or planes often with Agency, FEMA, $1.4 billion for hurricane-re- Gulf Coast turns to the recovery and rebuild- just the clothes on their backs. lated activities by the military, and $400 million ing processes, the billions that Congress will Of course, we cannot praise enough the for the Army Corps of Engineers for restora- spend will not be enough to fix the problems brave men and women of the Gulf region’s po- tion work on navigation locks and for channel that exist within FEMA. lice departments, rescue teams, the National dredging.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.073 E08SEPT1 E1808 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 We have all been moved by the devastation THE NEW ORLEANS CRIME The provision of Impact School Aid for wrought by Hurricane Katrina, and we must VICTIMS DESERVE COMPENSATION school districts where large numbers of ref- now all pull together to help those who are ugee families are located. A mandatory review and revamping of the facing the greatest challenges in their attempts HON. MAJOR R. OWENS Corps of Army Engineers Master Plan for to recover and respond to Katrina’s wake. In OF NEW YORK New Orleans. times of hardship, Americans come together to IN THE HOUSE OF REPRESENTATIVES A federally funded initiative to establish help each other. Time is of the essence, and ‘‘Fail Safe’’ Committees in local commu- Thursday, September 8, 2005 each of us must do what we can to respond nities. to this natural catastrophe. Mr. OWENS. Mr. Speaker, I rise in support In summary, Congress must act immediately Once the deadly threat posed by Hurricane of those who demand a more detailed legisla- to specify how the Hurricane Katrina appro- Katrina became apparent, Democratic Leader tive effort. Official criminal neglect is the crime priation will be spent. There is a clear and NANCY PELOSI publicly called for a special ses- of New Orleans. First response neglect is the present danger that billions will be contracted sion of Congress to get to work and send re- immediate and short-term crime. Our govern- out to Haliburton type corporations and refu- lief to the victims struggling in the Gulf Coast. ment should’ve responded faster with more. gees will receive only a very meager benefit. I was pleased that Republican leadership fi- Long-term crime caused by partisan politics, We members of Congress must remain vigi- nally answered Leader PELOSI’s call and con- the greed of powerful selfish legislators who lant to guarantee that no more official crimes vened the U.S. Congress to pass a $10.5 bil- lack compassion, the looting of billions from will be perpetrated against New Orleans. the Federal treasury for the wrong reasons, lion emergency supplemental spending bill for f the people suffering in Louisiana, Mississippi, the institutionalized prejudices against big cit- and Alabama. ies; all of these evils have festered over the INTRODUCTION OF THE PENTAGON Today we will pass an additional $51.8 bil- years to produce the highly visible, horrifying 9/11 MEMORIAL RESOLUTION lion in the Second Emergency Supplemental gangrene of the New Orleans disaster. for Hurricane Katrina. While these funds are Congress and the President deserve high HON. JAMES P. MORAN much needed they are coming before us today praise for the emergency appropriations. But OF VIRGINIA on the suspension calendar which does not this allotment is for the weeks and months IN THE HOUSE OF REPRESENTATIVES ahead. On day one of this disaster the U.S. al- allow us adequate time for debate or an op- Thursday, September 8, 2005 portunity to add important amendments. Hurri- ready had all of the resources necessary to cane Katrina is clearly the worst natural dis- achieve the safer, faster and more thorough Mr. MORAN of Virginia. Mr. Speaker, today aster in U.S. history, and we are missing the rescue of the desperate population of New Or- I am pleased to be joined by my colleagues opportunity to address some critical issues, leans. Criminal incompetence and some con- from Virginia, Maryland, D.C., Pennsylvania, such as creating a commission to investigate tempt for the stranded population blocked the New York and New Jersey to introduce legis- the federal response to this disaster and mak- perceptions of how to speedily mobilize relation recognizing the importance of a national ing FEMA an independent agency. sources. In 1940 at Dunkirk, under heavy fire memorial at the Pentagon to commemorate and mourn the terrorist attack against the Pen- Mr. Speaker, the Congress must provide from German forces, more than 300,000 Brit- tagon on September 11, 2001. leadership in helping those displaced by the ish troops were rescued and ferried back to This legislation is modeled after a resolution hurricane to rebuild their lives and commu- England. Success was achieved because Win- (H. Res. 175) my friend and colleague from nities out of the wreckage left in Katrina’s ston Churchill immediately understood the New York introduced earlier this year in sup- wake. In the weeks and months ahead, Con- gravity of the situation and called for the mobi- port of efforts to create a September 11, 2001 gress will consider additional spending meas- lization of every vehicle that could float. The memorial at the site of World Trade Center. ures to aid victims of the hurricane. As Ameri- crime and the pity is that all of the helicopter Mr. Speaker, as we approach the 4th anni- cans, we have pulled together through trage- and naval craft marvels of our military were versary of the terrorist attacks of September dies in the past, and I know that we will dem- not immediately ordered to blanket the flooded 11, 2001, it is appropriate that we establish onstrate that same unity in overcoming the neighborhoods of New Orleans. Decades of debate and refusals to seriously memorials at the sites of these attacks to devastating effects of Hurricane Katrina. address an obviously dangerous set of cir- honor the victims. cumstances facing one of America’s great cit- On that fateful day four years ago, the 59 f ies is the long-term crime at the heart of this victims of American Airlines Flight 77 and 125 PERSONAL EXPLANATION involuntary manslaughter. For decades Wash- military personnel and Defense Department ington refused to finance state of the art tech- employees at the Pentagon died and scores nology to lessen the dangers of flooding in more were injured in a dastardly and HON. DAVID DREIER New Orleans. In recent years the Bush admin- unprovoked attack against the American peo- OF CALIFORNIA istration has compounded the problem by cut- ple. IN THE HOUSE OF REPRESENTATIVES ting already inadequate budgets. The terrorist attacks of September 11, 2001, Thursday, September 8, 2005 Since we refused to shield this crime victim have joined the pantheon of national tragedies from the life-threatening assault that has now and become a defining moment in United Mr. DREIER. Mr. Speaker, as you know, on been perpetrated, the bleeding New Orleans States history. the afternoon of September 7th, I was in New deserves maximum compensation. The Hurri- These attacks of September 11, 2001 af- York at the United Nations formally thanking cane Katrina emergency appropriation is a fected all Americans, not only for the tragic the international delegates on behalf of the promising beginning. To accomplish its pur- loss of life, but also for its emotional toll on House of Representatives for their support pose the provisions of the legislation must be our public conscience. Two-thirds of Ameri- and assistance in the wake of Hurricane expanded to include the following: cans report that the attacks had a great emo- Katrina. Over 90 countries have offered to The establishment of a Right of Resettle- tional impact on them, and virtually all Ameri- help us recover from this natural disaster, and ment for all who want to return. cans can recall precisely where they were and I was privileged to have the opportunity to The immediate establishment of an Emer- what they were doing when they learned of thank the international community on your be- gency Free Communications Network with the attacks. half. cell phones for all refugee families. And while all of us were beset by the tragic As a result of my presentation in New York, The establishment of a Job Corps for able bodied refugees which mandates their pri- loss of life and untold suffering, we found sol- I was unfortunately unable to be present for ority hiring for jobs related to the cleanup ace in the inspiring and heroic actions taken two recorded votes that day. Had I been and rebuilding. by the crew and passengers of Flight 93 and present, I would like the record to reflect that The establishment of Faith and Commu- by the firefighters, police officers, rescue work- I would have voted ‘‘aye’’ on H.R. 3169, to nity Based Family Resettlement Projects to ers, military personnel and ordinary citizens provide the Secretary of Education with waiver assist in the relocation of refugee families. who raced to the scene of these attacks and authority for students who are eligible for Pell The establishment of Family Resettlement saved lives, keeping the attacks from taking grants who are adversely affected by a natural Accounts for families who wish to relocate to some other part of the country. an even greater toll. disaster. I likewise would have voted ‘‘aye’’ on The establishment of an Emergency Col- It was a tragic day, but a defining moment H.R. 3650, to allow United States courts to lege Student Temporary Resettlement Pro- in our nation’s history. conduct business during emergency condi- gram utilizing Colleges that volunteer to re- I applaud the efforts of those who have tions. ceive students, faculty and administrators. worked to build the memorials to honor and

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.077 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1809 commemorate the fallen and to acknowledge risk youth and the sports program brings to- that this outpouring of support and solidarity the impact the horrific attacks have had on all gether girls from varied economic and ethnic will help the people of the Gulf Coast to re- of us. backgrounds. The YWCA hosts the annual build their lives and give them hope for a bet- I encourage my colleagues and those listen- Week Without Violence and an annual Racial ter future. ing to support these memorials and urge my Justice Committee Breakfast. colleagues to support this resolution. I am proud to recognize the YWCA Pasa- f f dena-Foothill Valley for its 100 years of offer- STATEMENT ON H.R. 3673, MAKING ing a diverse place of acceptance to the TRIBUTE TO THE YWCA EMERGENCY SUPPLEMENTAL women of the San Gabriel Valley and I ask all PASADENA-FOOTHILL VALLEY APPROPRIATIONS FOR 2005 Members to join me in congratulating the YWCA for their remarkable achievements. HON. ADAM B. SCHIFF f HON. RON PAUL OF CALIFORNIA OF TEXAS IN THE HOUSE OF REPRESENTATIVES STATEMENT ON HURRICANE IN THE HOUSE OF REPRESENTATIVES KATRINA Thursday, September 8, 2005 Thursday, September 8, 2005 Mr. SCHIFF. Mr. Speaker, I rise today to Mr. PAUL. Mr. Speaker, I rise in opposition honor the YWCA Pasadena-Foothill Valley HON. LORETTA SANCHEZ OF CALIFORNIA to this ill-considered $51.8 billion disaster relief upon its 100th anniversary. appropriation. Many have come to the floor In 1905, a group of prominent Pasadena IN THE HOUSE OF REPRESENTATIVES today to discuss how we must help the victims women formed a branch of the National Con- Thursday, September 8, 2005 of this terrible disaster and its aftermath. But sumers League in an effort to hold local em- why do they think that the best way to do so ployers accountable to statewide labor laws Ms. LORETTA SANCHEZ of California. Mr. is simply to write a huge check to the very for young working women. As affordable hous- Speaker, I rise today to offer my heartfelt sym- government agency that failed so spectacu- ing for these young women became a con- pathy to the people in the Gulf Coast area larly? This does not make sense. We have all cern, this same group formed the Young who have been so profoundly affected by Hur- seen the numerous articles detailing the Women’s League and provided rental housing ricane Katrina. The loss of lives, property, and seemingly inexcusable mistakes FEMA for working women. This was the start of what livelihoods is a shocking tragedy, the full ex- made—before and after the hurricane. Yet, in was to become, in 1909, the Pasadena Young tent of which is only starting to be known. The number one priority now must be safe- typical fashion, Congress seems to think that Women’s Christian Association, YWCA. In guarding and improving the lives of the hun- the best way to fix the mess is to throw money 1910, they purchased a property in Pasadena dreds of thousands of people who have been at the very government agency that failed. and in the 1920s, hired Julia Morgan, Califor- evacuated from their homes, or whose homes Mr. Speaker, considering the demonstrated nia’s first woman architect, to design the land- have been damaged or destroyed. We must ineptitude of government on both the Federal mark building on that same land. During the First World War, the YWCA of- ensure that all people affected by this disaster and State level in this disaster, the people af- fered Red Cross training and classes in the have food, water, shelter, clothing, and fected by the hurricane and subsequent flood arts to young working women, while actively healthcare. To achieve this, the government would no doubt be better off if relief money rallying for women’s suffrage and better work- must commit to fast tracking needed public was simply sent directly to them or to commu- ing conditions for California’s migrant workers. services like unemployment insurance and nity organizations dedicated to clean-up and In the 1920s, the YWCA made special out- compensation, food stamps and Medicaid. In reconstruction. Indeed, we have seen numer- reach efforts to include African-American and addition, we must be prepared to provide on- ous examples of private organizations and in- Japanese-American girls. going support through housing loans, job infor- dividuals attempting to help their fellow Ameri- During the Great Depression, the YWCA of- mation networks, and aid to school districts cans in so many ways over the last 10 days, fered loans and free room and board to that will enroll evacuated students. These only to be turned back by FEMA or held up for women in need, and opened new clubs for measures are critical in helping people as they days by government red tape. We have seen Mexican-American and African-American girls. start to put their lives back together. in previous disasters how individuals and non- Ahead of its time, the YWCA Board agreed The tragedy of Hurricane Katrina was com- governmental organizations were often among that ‘‘the use of facilities be based on general pounded by a sluggish response by the Fed- the first to pitch in and help their neighbors fitness without reference to race, religion, or eral Government that trapped people in harm’s and fellow citizens. Now, FEMA is sending nationality.’’ way, and failed to provide them with the basic these good Samaritans a troubling message: In 1940 a Japanese Girls Reserve was necessities of food and water. I believe that stay away, let us handle it. formed. When the war ended, the YWCA as- the Department of Homeland Security and the In several disasters that have befallen my sisted in facilitating the interned Japanese- President must ultimately account for the fail- Gulf Coast district, my constituents have over Americans’ return to the community. During ure in preparing for this disaster in an efficient and over again told me that they prefer to re- these years, the Pasadena YWCA, with its ac- and comprehensive manner. As a member of build and recover without the ‘‘help’’ of Federal tive social conscience, led the community on the Committee on Homeland Security, I am agencies like FEMA, which so often impose issues such as juvenile delinquency, housing, dedicated to finding solutions to the systemic their own bureaucratic solutions on the owners childcare and discrimination. problems in DHS, as evidenced by its weak of private property. In the 1940s and 50s, programs that tar- initial relief efforts in response to the devasta- Mr. Speaker, we see here once again the geted delinquent teens and a childcare nurs- tion wrought by Hurricane Katrina. Federal Government attempting to impose a ery were developed. The 1960s saw the Back Despite the substantial problems that topdown solution to the disaster. No one is Yard Mothers Project, the Mexican Bi-Cultural plagued the relief effort, the rescuers on the questioning from where this $52 billion will Club, the Pasadena Free Clinic, and in 1966, ground performed 47,300 life-saving rescues, come. The answer, of course, is that the Fed- the Federal Government selected the Pasa- and managed to find shelter for 235,200 peo- eral Government is going to simply print the dena YWCA as the site for its Job Corps girls ple whose homes were damaged or de- money up. There are no reductions in Federal program. stroyed. As the first responders continue work- spending elsewhere to free up this disaster The 1970s and 80s brought a Rape Advo- ing in the Gulf Coast, our thoughts and good aid. Rather, the money will come from a print- cacy Program, a program to train women for wishes, and those of the entire Nation are with ing press. The economic devastation created non-traditional jobs that paved the way for the them. In Orange County, CA, I am proud to by such a reckless approach may well be Women at Work program, and Hestia House, say our communities are doing their part. even more wide-reaching than the disaster a shelter for women and their children in cri- There are numerous efforts to assist the peo- this bill is meant to repair. sis. In 1996, the YWCA Board sold the historic ple affected by this disaster. Mr. Frank Garcia I ask my colleagues to consider more con- Julia Morgan building, moved into administra- of the La Casa Garcia of Anaheim and volun- structive ways to help New Orleans and the tive offices, but continued to meet the needs teers from Orange County, CA, are traveling other affected areas recover from this tragedy. of girls and women, never forgetting its mis- right now to Texas to set up a kitchen to help There are numerous approaches, such as the sion to work for the empowerment of women feed the evacuees. I am confident that the creation of no-tax enterprise zones, that would and the elimination of racism. generosity of the American people will con- attract private enterprise and capital to the Today, programs like Just for Girls meet on tinue and grow. We have all been touched by area and would result in a much quicker and school campuses and offer assistance to at- the pain and shock of this disaster. And I hope more responsive recovery. The citizens of the

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.080 E08SEPT1 E1810 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 affected area and the rest of the country de- The slow response of the Federal govern- her in bed on her home’s first floor, with her serve a more sustainable and financially ra- ment is equally abysmal and even more trou- head barley sticking above water. The heli- tional approach than simply printing and bling. The Administration showed its indiffer- copter couldn’t reach the stranded couple spending money. ence to the people in the Gulf by waiting until through the back yard, and with the front door f Saturday, September 3rd to deploy 7,200 ac- locked, Sciubba knew that time was their num- tive-duty ground troops. However as soon as ber one enemy. Finally, the man inside the EMERGENCY SUPPLEMENTAL AP- the storm passed, it was clear that the local house was able to get the door unlocked and PROPRIATIONS ACT TO MEET IM- and State governments were overwhelmed by both individuals were brought to safety. This MEDIATE NEEDS ARISING FROM the magnitude of the disaster. President Bush couple was among the 109 people Petty Offi- THE CONSEQUENCES OF HURRI- should have deployed these troops to the re- cer Sciubba’s crew pulled from disaster to CANE KATRINA, 2005 gion as soon as the levee broke on Tuesday, safety before returning to Ellington Field on SPEECH OF if not sooner. All of the available resources of Thursday. the federal government should have been mo- And that is just one of the hundreds of in- HON. ROBERT E. ANDREWS bilized immediately to evacuate people and or- credible rescues made by the Coast Guard. OF NEW JERSEY ganize food, shelter, and medical operations. We certainly will not forget the sacrifice IN THE HOUSE OF REPRESENTATIVES In the days after Katrina’s winds and rain sub- made by the tens of thousands of National Friday, September 2, 2005 sided, it is indisputable that the Federal gov- Guard, many of whom recently returned or are soon being deployed to Iraq, who sacrificed Mr. ANDREWS. Mr. Speaker, today I stand ernment failed the people of the Gulf Region. their precious time with family and loved ones in full support of H.R. 3645 to provide financial Rather than acknowledge these short- to help those in need and return order to a city relief to the millions of those affected by Hurri- comings, the administration has brazenly cane Katrina. My prayers go out to the victims lauded the Federal response. President Bush in chaos. America has faced many challenges in its and their families. Despite a massive search and others glossed over the fact that many history and Hurricane Katrina will be written as and rescue effort to locate victims of Hurricane people died as a result of the government’s in- one of its greatest. Yet once again, this great Katrina, many still remain in harm’s way while competence and indifference. The inadequate country will meet and overcome this latest scores of others attempt to piece together response to this disaster demonstrated to me challenge and will triumph in the face of ad- what is left of their lives. As such, we are that we have learned little from the lessons of versity. This great Nation of ours will once faced with the difficult task of providing the at- September 11, 2001, and we are ill-prepared again show the world its courage, conviction tention and resources in order to rescue those to deal with a major national disaster whether still in danger; providing comfort to those with- it be a natural or man-made. and will to overcome. out food, clean water, or shelter; and pre- I am determined to play whatever role I can f venting further devastation from disease. This in changing our Federal response system so EVERGREEN TROOP 361 funding will provide the Federal Emergency that this type of gross negligence does not Management Agency with just enough money happen again. Mr. Speaker, I reiterate my HON. ADAM B. SCHIFF support for H.R. 3645 and I pledge my contin- to get started on immediate disaster assist- OF CALIFORNIA ued support for the victims of Hurricane ance. IN THE HOUSE OF REPRESENTATIVES However, this is just the beginning of our fi- Katrina. Thursday, September 8, 2005 nancial commitment to the people of these f ravaged areas. The $10 billion will give our Mr. SCHIFF. Mr. Speaker, I rise today to emergency responders the means to save and HURRICANE KATRINA recognize Evergreen Troop 361 of the Mission help rebuild lives in the short-term, but the Amigos District from the San Gabriel Valley long-term funding situation is uncertain and HON. ANDER CRENSHAW Council, Boy Scouts of America. On October daunting. It is too early to estimate the final OF FLORIDA 22nd, Troop 361 will celebrate its 50th anni- cost of rescue operations or the huge task of IN THE HOUSE OF REPRESENTATIVES versary. caring for the victims of this enormous trag- Thursday, September 8, 2005 Troop 361 was founded with twelve boys in edy. It is my understanding that total costs 1955 by members of the Evergreen Baptist could exceed $100 billion. I will continue to Mr. CRENSHAW. Mr. Speaker, I rise today Church in Los Angeles. Since 1955, Troop support whatever funding is needed for as to express my appreciation for the thousands 361 has enjoyed the excellent sponsorship of long as it takes to rescue all in danger and to of emergency personnel who continue to work the Evergreen Baptist Church. The Church, help our fellow Americans rebuild their lives. tirelessly to help the hundreds of thousands of and Troop 361, subsequently moved to the As is always the case with a disaster of this people affected by Hurricane Katrina. The City of Rosemead, and the Troop transferred magnitude, we must closely examine what devastation caused by this hurricane is epic to the Mission Amigos District of the San Ga- could have been done differently and try to and we are only beginning to learn of the total briel Valley Council. With its beautiful moun- make right what once was wrong. In this in- destruction it caused. Yet, in the face of enor- tains and proximity to the ocean, the San Ga- stance, many factors combined to cause such mous adversity, thousands of Americans put briel Valley is the ideal place for boys to learn widespread destruction and loss of life. The their own lives on the line to help their fellow the scouting ways, as one of the mainstays of key questions are: what could have been done Americans in need. the Boy Scouts program is participation in a to properly plan for such a disaster and what These individuals worked themselves into wide array of outdoor activities. should have been done to respond more exhaustion both mentally and physically. With- Over the years, Troop 361 has grown and quickly once the destination of Katrina was out their sacrifice, thousands more Americans thrived. Hundreds of scouts have passed confirmed. would have lost their lives from this dev- through the ranks of Troop 361, and it is a fur- Proper planning on the part of the local and astating storm. Mirroring September 11, 2001, ther testament to the strong leadership and State governments was severely lacking. The local first responders were once again on the high caliber of young men that over 80 scouts decision to evacuate New Orleans without front lines. in this troop have earned the most prestigious making provisions to transport people too poor None of us shall soon forget the images of rank of Eagle Scout. Today, Troop 361 is to own or too sick to operate a vehicle was a our brave men and women who serve in the proud to have 55 outstanding scouts under the moral abomination. We basically left people to United States Coast Guard. This disaster leadership of Ted Sakamoto, a Scoutmaster see if they would die and many of them did. brought a new meaning to the term ‘‘search who has dedicated thousands of hours to en- Every evacuation response plan in the Nation and rescue.’’ Petty Officer Eric Sciubba arrived suring that Troop 361 remains strong and suc- should, by federal law, be required to include in New Orleans Monday and said crew- cessful. transportation plans for such people. The ex- members found themselves trying rescue Troop 361 is an integral part of the proud cuse that this catastrophe was unpredictable techniques never before attempted. Replacing tradition of the Boy Scouts of America. The is nonsense—scientists and engineers have Scuba gear with axes, Americas’ ‘‘Coasties’’ Boy Scouts of America develop and nurture in been saying for years that a hurricane with found themselves chopping through roof tops our youth a strong sense of character, leader- Katrina’s force could break the levees and to reach trapped victims. ship, and respect. Boy Scouts are well-round- flood the city of New Orleans. Despite these At one particular house, Petty Officer ed, resourceful, and responsible, and Troop specific warnings, the local and State govern- Sciubba found an invalid woman in even more 361 exemplifies all of these qualities. ments were woefully underprepared to deal peril than most in New Orleans. Her feeding I am proud to congratulate Troop 361 on the with the magnitude of this disaster. tube had stopped working, and Sciubba found occasion of its 50th anniversary, and I ask all

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.083 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1811 Members of Congress to join me in honoring tion. Through the intervention of a family ment with pain medicine many ASIPP mem- this Troop for its dedication to scouting and for friend, Reverend Edwards attended a revival bers have a vested interest in solving the helping boys become upstanding young men. meeting where his foot was healed. This expe- problem of prescription drug abuse and diver- f rience, coupled with his preaching at the Gos- sion. pel Tabernacle, spurred Reverend Edwards to Mr. Speaker, one of the fastest growing PERSONAL EXPLANATION apply to North Central Bible College in Min- areas of drug abuse in our nation today is the neapolis, Minnesota. diversion of prescription drugs. According to HON. LORETTA SANCHEZ While at NCBC, Reverend Edwards became the National Institute of Health—National Insti- OF CALIFORNIA youth pastor in Hopkins, Minnesota in 1955, tute on Drug Abuse, approximately 9 million IN THE HOUSE OF REPRESENTATIVES thus beginning the 50 years of pastoral min- Americans are misusers of prescription drugs. Furthermore, in 2001 the National Household Thursday, September 8, 2005 istry that we commemorate today. After building congregations in Minnesota, Survey on Drug Abuse, found statistically sig- Ms. LORETTA SANCHEZ of California. Mr. South Dakota and Rock Island, Illinois, Rev- nificant increases between 2000 and 2001 in Speaker, on Wednesday, September 7, 2005, erend Edwards became the Senior Pastor of the use of multiple drugs including non-med- I was unavoidably absent due to a previously First Assembly of God in Granite City, Illinois ical use of pain relievers and tranquilizers. scheduled engagement. where he served from 1974 through 1991. For Prescription drug abuse is an issue that Had I been present and voting, I would have the next six years, Reverend Edwards served transcends societal boundaries, and affects all voted as follows: as the Executive Secretary/Treasurer of the Il- areas of our nation and all income levels. In (1) Rollcall No. 464. On H. Res. 427, relat- linois District Assemblies of God, where he an effort to prevent prescription drug abuse ing to the terrorist attacks against the United oversaw the credentialing of all Assembly of the NASPER Act establishes a federal system States on September 11, 2001, ‘‘yes.’’ God ministers in Illinois. In this capacity, he for electronic prescription databanks, which a (2) Rollcall No. 463. On H. Res. 428, ex- also served as chairman of the Illinois District doctor could access to determine what, if any, pressing the sincere gratitude of the House of 75th Anniversary Celebration. medication their patient should be given. Representatives to the foreign individuals, or- Reverend Edwards and his wife, Dottie, cur- From the very beginning, Dr. Manchikanti ganizations, and governments that have of- rently reside in O’Fallon, Illinois where they and his colleagues at ASIPP have played a fered material assistance and other forms of serve as Senior Pastors at O’Fallon Assembly crucial role in the development of the support to those who have been affected by of God. Reverend Edwards and Dottie have NASPER Act. Thanks to their active involve- Hurricane Katrina, ‘‘yes.’’ four children, all serving the Lord. ment and insightful guidance, we were able to (3) Rollcall No. 462. On H.R. 3668, the Stu- Mr. Speaker, I ask my colleagues to join me craft a thoughtful policy that will give physi- dent Grant Hurricane and Disaster Relief Act, in an expression of appreciation to Reverend cians, pharmacists, and law enforcement ‘‘yes.’’ Edwards for his 50 years of dedicated ministry agents the tools necessary to curb prescription (4) Rollcall No. 461. On H.R. 3669, to tem- and to wish him the very best in the future. drug abuse. porarily increase the borrowing authority of the f Mr. Speaker, next week ASIPP will hold its Federal Emergency Management Agency for 7th annual legislative session in Washington. I carrying out the national flood insurance pro- AMERICAN SOCIETY OF INTER- would like to welcome ASIPP to our nation’s gram, ‘‘yes.’’ VENTIONAL PAIN PHYSICIANS capital, and offer my gratitude for all of their (5) Rollcall No. 460. On H.R. 3673, further (ASIPP) efforts over the past several years. Thanks to Emergency Supplemental Appropriations, Hur- the hard work of Dr. Manchikanti and all of his ricane Katrina, 2005, ‘‘yes.’’ HON. FRANK PALLONE, JR. colleagues the NASPER Act has finally be- (6) Rollcall No. 459. On H. RES. 426, pro- OF NEW JERSEY come law and we can begin to address this viding for consideration of motions to suspend IN THE HOUSE OF REPRESENTATIVES very serious public health concern. the rules, ‘‘no.’’ Thursday, September 8, 2005 I must emphasize that this is only the begin- (7) Rollcall No. 458. On H. RES. 426, pro- ning. There is still a lot of important work left viding for consideration of motions to suspend Mr. PALLONE. Mr. Speaker, earlier this to be done in terms of implementing and en- the rules, ‘‘no.’’ summer the National All Schedules Prescrip- forcing this new law. I am looking forward car- f tion Electronic Reporting (NASPER) Act of rying my partnership with Dr. Manchikanti and 2005 was approved by both houses of Con- ASIPP forward, as we continue to work to- RECOGNIZING REVEREND C. DALE gress and signed into law by President Bush. gether to help eliminate prescription drug EDWARDS OF THE O’FALLON AS- I rise today to recognize the important con- abuse. SEMBLY OF GOD, ON THE OCCA- tributions of Dr. Laxmaiah Manchikanti and the f SION OF HIS 50TH ANNIVERSARY American Society of Interventional Pain Physi- OF PASTORAL SERVICE cians (ASIPP) in accomplishing this important REGARDING H.R. 3673, MAKING achievement. FURTHER EMERGENCY SUPPLE- HON. JERRY F. COSTELLO Dr. Manchikanti is a physician of Indian ori- MENTAL APPROPRIATIONS TO OF ILLINOIS gin who has practiced medicine in Paducah, MEET IMMEDIATE NEEDS ARIS- IN THE HOUSE OF REPRESENTATIVES Kentucky for the last 25 years. He is a well- ING FROM THE CONSEQUENCES known and well-respected physician with inter- OF HURRICANE KATRINA Thursday, September 8, 2005 ests in many aspects of medicine, both in pa- Mr. COSTELLO. Mr. Speaker, I rise today to tient care, as well as academics. HON. SHEILA JACKSON-LEE ask my colleagues to join me in recognizing Dr. Manchikanti is a recognized leader in OF TEXAS Reverend C. Dale Edwards, of the O’Fallon the circles of interventional pain management. IN THE HOUSE OF REPRESENTATIVES Assembly of God, in O’Fallon, Illinois, on the Apart from his interest in the clinical practice occasion of his 50th Anniversary of pastoral of anesthesiology and interventional pain man- Thursday, September 8, 2005 service. agement, he is also proficient in administrative Ms. JACKSON-LEE of Texas. Mr. Speaker, C. Dale Edwards was born in New City, Illi- medicine, patient advocacy, the economics of I rise in support of this bill because of the nois, a community just southeast of the State healthcare, medical ethics and various other grave and immediate need that exists. As a Capitol of Springfield. During his early years aspects of the profession. He is an avid clin- representative of Houston, Texas, where over on the farm and later, when the family moved ical researcher with numerous publications in 150,000 Katrina evacuees were received, I to the nearby town of Edinburg, his mother al- peer-reviewed journals with original contribu- can say from first hand knowledge that this is ways made sure the family faithfully attended tions. truly only a first step toward what is necessary the Gospel Tabernacle in Edinburg. During Dr. Manchikanti currently serves as Chief and emergent. This measure is an initial in- those early days at the Gospel Tabernacle, Executive Officer of the American Society of vestment—a down payment—for a long-term Reverend Edwards first realized his calling Interventional Pain Physicians. With over relief package—that unfortunately has not yet when, as a teenager, he was invited by Pastor 3,400 members, ASIPP is the largest organi- been codified. Best to preach on occasion. zation in the country that represents physi- Here we are, nine days after Hurricane An accident in an elevator shaft left Rev- cians involved in trying to alleviate the intrac- Katrina devastated parts of Louisiana, Mis- erend Edwards with a badly damaged foot that table pain experienced by millions of Ameri- sissippi and Alabama. I want to thank Con- looked as if it was going to require amputa- cans. Because of their professional involve- gressmen JEFFERSON and THOMPSON, who

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.087 E08SEPT1 E1812 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2005 have displayed great courage and resolve to come earned in the six months prior to the this year, I think it is fitting and appropriate help their constituents through the aftermath of bankruptcy as part of future income, this that we take a moment to acknowledge the this natural disaster. In my Congressional Dis- means that hurricane victims who have lost vital role that the press played in the success trict in Houston tens of thousands of evacuees their jobs will be considered high income debt- of the Civil Rights Movement. are being sheltered and fed. In fact, Ameri- ors who are presumed to be abusing the I have often said that without the media the cans throughout this country are stepping up bankruptcy system. This is obviously absurd; Civil Rights Movement would have been a bird to help those affected by this disaster. It dem- so our bill gives the hurricane victims an auto- without wings. I am not certain where we onstrates that once again in our darkest hour matic carve out, as we already do for certain would be today as a nation, if the American that we have united as a Nation to help our categories of veterans. public had not been made to acknowledge the brothers and sisters who now seek to rebuild The legislation we plan to introduce will pre- struggles we faced in the American South. their lives. vent new bankruptcy provisions from having The non-violent protests of the sixties used Dollars spent through the Department of De- adverse and unintended consequences for the peaceful means to demonstrate the senseless fense must be re-channeled directly to the af- hundreds of thousands of individuals now fac- injustice of de facto and de jure segregation, fected regions and people in order to provide ing financial ruin by providing needed flexibility the inhumanity and indignity of the Jim Crow relief in a timely manner. for victims of natural disasters in bankruptcy South, and the extraordinary persecution Furthermore, we must find steps to move proceedings. American citizens suffered trying to exercise forward immediately to help those affected by I also plan to introduce a bill that will pro- their constitutional rights. Without the media’s this disaster and to try to prevent such an inef- vide tax breaks for individuals who take in willingness to stand in harm’s way and starkly fective response from taking place again. I evacuees into their home. These people are portray events of the Movement as they saw plan to introduce a number of legislative stepping up to provide shelter and relief to them unfold, Americans may never have un- measures that will seek to alleviate the suf- their fellow Americans, and I believe it is cer- derstood or even believed the horrors that Af- fering of the survivors of the most devastating tainly proper to encourage this behavior rican Americans faced in the Deep South. natural disaster in modern American history. through the implementation of tax breaks. That commitment to publish the truth took Hurricane Katrina has traumatized children In addition, I propose legislation that will courage. It was incredibly dangerous to be on a frightening scale. According to the United grant a minimum of 20,000 two-year tenant- seen with a pad, a pen, or a camera in Mis- Nations, as many as 400,000 children have based housing assistance vouchers for sissippi, Alabama or Georgia where the heart been left homeless. The United Nations Chil- Katrina’s victims, together with transportation of the struggle took place. There was a violent dren’s Fund (UNICEF) estimated that the and relocation assistance to be used where desperation among local and State officials greatest impact of the tragedy would be upon necessary. These vouchers should be admin- and the citizens to maintain the traditional the young and that children make up between istered by local housing agencies presently order. People wanted to keep their injustice a a third and a quarter of those affected by the administering HUD-funded Section 8 Housing secret. They wanted to hide from the critical catastrophe. Choice Voucher assistance, which are located eye of a disapproving world. They wanted to Of an estimated 1.32 million people made in or near the areas hardest hit by Katrina. flee from the convictions of their own con- homeless, there are around 300,000 to These agencies are already position to pro- science. And they wanted to destroy the ugly 400,000 children—most of whom will remain vide housing assistance and can play an ex- reflection that nonviolent protestors and cam- so for weeks or months! This is the impetus tremely helpful role meeting the immediate era images so graphically displayed. So when behind legislation I plan to introduce that housing needs of Katrina’s victims. This legis- the Freedom Riders climbed off the bus in would provide a one-time grant for relief pro- lation would also allow the Secretary of Hous- Alabama in 1961, for example, there were re- grams that would serve these children. ing and Urban Development to issue a wide porters who were beaten and bloodied before I along with my Judiciary colleagues led by range of statutory and regulatory waivers in any of us were. Ranking Member CONYERS will introduce legis- order to most effectively and flexibly utilize And as they were attacked, I saw in them a lation to protect the hundreds of thousands of HUD resources to meet the needs of victims. resolve grow within them that was similar to families and small businesses financially dev- Finally, I am calling for the establishment of what those of us in the Movement experi- astated by Hurricane Katrina from being pe- a Commission to study the genesis of the dev- enced. I have often said that the first time I nalized by debtor provisions contained in the astation caused by the hurricane. We need a was jailed, I felt so free. This Nation had dealt Bankruptcy Abuse Prevention and Consumer 9/11 style commission to know everything that me its worst blow, and I had survived. I knew Protection Act of 2005, scheduled to take ef- took place. In addition, I am calling for the es- then that I was committed to the struggle for fect on October 17, 2005. This legislation is tablishment of a position of an ombudsman for the long-haul. There were many reporters who based in part on an amendment I offered at FEMA in order to provide proper oversight. felt that same curious strengthening when they the markup of the Bankruptcy bill. We expect Without a proper investigation, we cannot get too were attacked and beaten. Instead of scar- a Senate counterpart to be introduced this all the answers and without the answers we ing them away, those injustices created the week as well. can not provide the necessary legislation and opposite effect. It bonded them to the Move- We are concerned that just as survivors of oversight needed to try to prevent this kind of ment, and it steeled their commitment to pub- Hurricane Katrina are beginning to rebuild human suffering from happening again in the lish all that they saw. their lives, the new bankruptcy law will result future. There are so many moments poignantly de- in a further and unintended financial whammy. Mr. Chairman, the harm that has been in- picted for posterity by television and news- Unfortunately, the new law is likely to have the curred by the people of the many regions af- paper camera men. It is easy to recall many consequence of preventing devastated fami- fected by the disaster—most of which could of these now legendary images—Rosa Parks lies from being able to obtain relief from mas- have been mitigated, will require many phases sitting on a bus in Montgomery in 1955; the sive and unexpected new financial obligations of rehabilitation. I support this legislation as an bombing of the Greyhound bus outside Annis- they are incurring by forcing them to repay initial step. ton, Alabama during the Freedom Rides in their debt with income they no longer have, f 1961; Gov. Ross Barnett of Mississippi and but which is counted by the law. Gov. George Wallace in Alabama denying the Our bill makes several important adjust- ON THE CONTRIBUTION OF THE entrance of black students to state universities ments. First, it would specify that individuals PRESS TO THE CIVIL RIGHTS in 1963 and 1964; the speeches on the steps who are victims of natural disasters, and who MOVEMENT of the Lincoln Memorial during the March on incurred a substantial portion of their debt as Washington in 1964; and the seminal speech a result of that disaster, are not subject to the HON. JOHN LEWIS President Lyndon Johnson made before a joint ‘‘means test’’ and therefore cannot be forced OF GEORGIA session of Congress encouraging the passage into burdensome repayment plans. Although IN THE HOUSE OF REPRESENTATIVES of the Voting Rights Act in 1965. the current law includes an exception to the There are so many historic moments that means test if the debtor can demonstrate Thursday, September 8, 2005 were covered by the press, but there are two, ‘‘special circumstances,’’ qualifying for such an Mr. LEWIS of Georgia. Mr. Speaker, as the which I count as turning points for me. The exemption will be quite costly and burden- nation celebrates the 40th anniversary of first is often heralded as the official beginning some, and require numerous detailed filings Bloody Sunday and the conflict on the Ed- of the modern-day Civil Rights Movement, that and legal certifications. This is the last thing a mund Pettus bridge, the 40th anniversary of is the photograph of a mutilated 14-year-old hurricane victim should need to worry about. the signing of Voting Rights Act, and the 50th boy named Emmett Till who was killed in Since the current bankruptcy law counts all in- anniversary of the Montgomery Bus Boycott Money, Mississippi during a summer vacation.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.091 E08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1813 Till’s mother Mamie Till Mobley decided not to A TRIBUTE TO THE MIJARES taurant was destroyed by fire. Determined to have a closed casket funeral, but she wanted FAMILY continue what her mother had started, her to leave the casket open and let people see daughter, Alice Mijares Recendez worked hard the horrifying injustice that had been done. Jet HON. ADAM B. SCHIFF to rebuild the restaurant, which was completed magazine carried photographs of Till’s body OF CALIFORNIA in 1984. During the time of rebuilding, to help her employees, many of whom were out of and Look magazine published an interview IN THE HOUSE OF REPRESENTATIVES work, Alice opened a second restaurant on with Roy Bryant and J.W. Milam who admitted Thursday, September 8, 2005 Washington Blvd. in Pasadena which exists to to the murder. Mr. SCHIFF. Mr. Speaker, I rise today to this day. I will never forget the way that image af- honor the Mijares Family, of Pasadena, who In 1988, Jesucita Mijares died and Alice be- fected me. Something changed inside of me are celebrating the 85th Anniversary of Mijares came the family matriarch. Today, Alice and and inside of many people across America Mexican Restaurant, their family business. her daughter R-Iene Mijares de Lang are the when we saw the body of Emmett Till. I was Jesucita Mijares immigrated to California in owners of Mijares. Alice oversees the gardens only a teenager at the time, but I knew that the early 1900s with her second husband, and patios at Mijares, cultivating the same somehow, someway the injustice of segrega- Juan, and infant son, Joe. The family settled love of plants and flowers as her mother Jesucita. R-Iene taught in San Diego for 12 tion had to come to an end. in Pasadena where Jesucita gave birth to two more children and cared for her growing fam- years before returning to run her family busi- Within a year of the Till murder, when I was ily. The young Jesucita began her legendary ness. Also contributing to the family business 15 years old and the son of a sharecropper in tortilla-making business in 1920 to provide for are R-Iene’s brother, Tom Recendez, who rural Alabama, I heard the words of Martin Lu- her family after the devastating loss of her manages the restaurant on Washington Blvd., ther King, Jr. broadcast on an old radio. He second husband. and her sister, Tina Jimenez, who supports was talking about the Montgomery Bus Boy- Mijares Mexican Restaurant began as a the administration of the catering and res- cott, and I felt somehow that he was speaking family and community operated business that taurant business. The Mijares family warmly directly to me. That radio broadcast changed supplied hand-made tortillas to local grocery welcomes its guests and works hard at providing friendly, quality service. my life because that day I knew it was pos- stores and restaurants. Mrs. Mijares took in boarders to supplement her income, and soon, The Mijares family has made Mijares Mexi- sible to strike a blow at racial segregation and tables were spread throughout her home to can Restaurant both an enjoyable dining es- discrimination in America. Those moments accommodate the growing number of resi- tablishment and a business that gives back to captured by the media changed my destiny. dents and guests. Slowly, her tortilla business the community. The family actively contributes The Civil Rights Movement is deeply in- expanded and she provided meals for guests, to a number of charities which include Women debted to the courage, the strength, the integ- with traditional Mexican dishes such as at Work, Child Care Information Services, rity, and the talent of print and broadcast jour- tamales and menudo served daily. P.E.O. Chapters, the Pasadena Tournament nalists who overcame their fear and decided In 1940, as the business continued to flour- of Roses Association, Villa Esperanza, NOW, to tell the American story. America is deeply ish, Jesucita moved the production out of her Pasadena Polytechnic School, EI Centro de home to a location on Palmetto Drive in Pasa- Accion Social, the Los Angeles Children’s indebted to these moment-by-moment, mod- dena to be used as a delicatessen and small Chorus, Hospice of Pasadena, and the Girt ern-day griots who hold up a mirror image of tortilla business. What happened, however, Scouts of America. our society for us to see. Without a free press, was that tables were added, rooms were built I am proud to recognize the Mijares Family this Nation would not be, could not be a bea- and patios were poured to accommodate hun- on the 85th anniversary of Mijares Mexican con of justice and equality that has inspired dreds of guests daily at the restaurant. Restaurant and I ask all Members of Congress men, women, and children worldwide to try to During the late 1970s the Mijares family suf- to join me in honoring this family for their 85 build a better world. fered a devastating loss when the family res- years of service to our community.

VerDate Aug 18 2005 05:09 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.094 E08SEPT1 Thursday, September 8, 2005 Daily Digest

HIGHLIGHTS The House agreed to H.R. 3673, Second Emergency Supplemental Ap- propriations Act to Meet Immediate Needs Arising From the Con- sequences of Hurricane Katrina, 2005. Senate tice, and Commerce, and related agencies for the fis- Chamber Action cal year ending September 30, 2006, agreeing to the Senate passed H.R. 3673, Second Emergency Sup- committee amendment in the nature of a substitute, plemental Appropriations. which will be considered as original text for the pur- Routine Proceedings, pages S9741–S9864 pose of further amendment, and taking action on the Measures Introduced: Sixteen bills were intro- following amendments proposed thereto: duced, as follows: S. 1632–1647. Page S9833 Pages S9745–70, S9776–S9805 Measures Reported: Adopted: Special Report entitled ‘‘Review of Legislative Ac- Shelby Amendment No. 1655, to provide funding tivity During the 108th Congress’’. (S. Rept. No. for programs to promote travel to the United States. 109–135) Pages S9832–33 Page S9779 Shelby Amendment No. 1656, to provide funding Measures Passed: and personnel for the National Hurricane Center. Federal Judiciary Emergency Special Sessions Page S9779 Act: Senate passed S. 1634, to allow United States Shelby Amendment No. 1657, to strike certain courts to conduct business during emergency condi- provisions relating to Universal Service Fund pro- tions. Pages S9774–76 gram under the Federal Communications Commis- Federal Judiciary Emergency Special Sessions sion. Page S9779 Act: Senate passed H.R. 3650, to allow United Shelby (for Dorgan) Amendment No. 1658, to ex- States courts to conduct business during emergency pand the disaster loans that shall not be sold by the conditions, clearing the measure for the President. Small Business Administration. Page S9779 Pages S9774–76 Pending: Second Emergency Supplemental Appropriations Lincoln Amendment No. 1652, to provide for Act: By a unanimous vote of 97 yeas (Vote No. temporary Medicaid disaster relief for survivors of 223), Senate passed H.R. 3673, making further Hurricane Katrina. Pages S9776–79, S9783–84 emergency supplemental appropriations to meet im- Harkin Amendment No. 1659, to increase the ap- mediate needs arising from the consequences of Hur- propriation for nationwide legal services field pro- ricane Katrina, for the fiscal year ending September grams and to provide additional funds to programs 30, 2005, clearing the measure for the President. providing legal services to the victims of Hurricane Pages S9805–13 Katrina. Page S9780 National Flood Insurance Program: Senate Dayton Amendment No. 1654, to increase fund- passed H.R. 804, to exclude from consideration as ing for Justice Assistance Grants. Pages S9784–86 income certain payments under the national flood in- Biden Amendment No. 1661, to provide emer- surance program, clearing the measure for the Presi- gency funding for victims of Hurricane Katrina. dent. Page S9861 Pages S9790–91 Commerce/Justice/Science Appropriations: Senate Sarbanes Amendment No. 1662, to assist the vic- began consideration of H.R. 2862, making appro- tims of Hurricane Katrina with finding new hous- priations for Science, the Departments of State, Jus- ing. Pages S9791–95 D887

VerDate Aug 18 2005 05:10 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE5.REC D08SEPT1 D888 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 2005

Dorgan Amendment No. 1665, to prohibit weak- referred to the Committee on Health, Education, ening any law that provides safeguards from unfair Labor, and Pensions. (PM–20) Pages S9831–32 foreign trade practices. Pages S9795–99 Transmitting, pursuant to law, a report on the Sununu Amendment No. 1669, to increase fund- continuation of the national emergency with respect ing for the State Criminal Alien Assistance Program, to certain terrorist attacks; which was referred to the the Southwest Border Prosecutors Initiative, and Committee on Banking, Housing, and Urban Affairs. transitional housing for women subjected to domes- (PM–21) Page S9832 tic violence. Pages S9799–S9800 Nominations Received: Senate received the fol- A notice of intent was submitted to suspend para- lowing nominations: graph 4 of Rule XVI of the Standing Rules of the Charles R. Christopherson, Jr., of Texas, to be Senate for the purpose of proposing a Dorgan Chief Financial Officer, Department of Agriculture. Amendment to the bill. Pages S9801–02 Edward F. Sproat III, of Pennsylvania, to be Di- A unanimous-consent agreement was reached pro- rector of the Office of Civilian Radioactive Waste viding that only certain amendments be in order to Management, Department of Energy. the bill, provided further, that they be subject to Dale W. Meyerrose, of Indiana, to be Chief Infor- second-degrees which are relevant to the first-degree mation Officer, Office of the Director of National to which they are offered. Page S9860 Intelligence. A unanimous-consent agreement was reached pro- 7 Coast Guard nominations in the rank of admi- viding for further consideration of the bill at 9:30 ral. a.m., on Friday, September 9, 2005. Page S9861 Routine lists in the Air Force, Army, Coast Signing Authority—Agreement: A unanimous- Guard, Marine Corps, Navy. Pages S9861–64 consent agreement was reached providing that on Messages From the House: Pages S9829–30 Thursday, September 8, 2005, the Majority Leader, Executive Communications: Pages S9830–31 be authorized to sign duly enrolled bills. Page S9860 Executive Reports of Committees: Page S9833 Coal/Oil-Direct Utility Units Rule: A unanimous- consent agreement was reached providing that on Additional Cosponsors: Pages S9833–35 Monday, September 12, 2005, at 5:30 p.m., Senate Statements on Introduced Bills/Resolutions: proceed to a period of morning business for one Pages S9835–52 hour; that following the use or yielding back of Additional Statements: Pages S9822–29 time, Senate proceed to a vote on the motion to proceed to S.J. Res. 20, disapproving a rule promul- Amendments Submitted: Pages S9852–60 gated by the Administrator of the Environmental Authority for Committees to Meet: Page S9860 Protection Agency to delist coal and oil-direct utility Privilege of the Floor: Page S9860 units from the source category list under the Clean Record Votes: One record vote was taken today. Air Act; that if the motion to proceed is agreed to, (Total—223) Page S9813 the statutory time limit be reduced to 2 hours equally divided and following the use or yielding Adjournment: Senate convened at 9:30 a.m., and back of time, the joint resolution be read a third adjourned at 8:12 p.m., until 9:30 a.m., on Friday, time and the Senate proceed to a vote on passage of September 9, 2005. (For Senate’s program, see the the resolution. Page S9860 remarks of the Majority Leader in today’s Record on page S9861.) Chief Justice Rehnquist Tributes: A unanimous- consent agreement was reached providing that Sen- ators be permitted to submit tributes to Chief Jus- Committee Meetings tice Rehnquist for the record until September 30, 2005, and that all tributes be printed as a Senate (Committees not listed did not meet) document. Page S9861 COMMODITY FUTURES MODERNIZATION Messages From the President: Senate received the ACT following messages from the President of the United Committee on Banking, Housing, and Urban Affairs: States: Committee concluded a hearing to examine the pro- Transmitting, pursuant to the Davis-Bacon Act, a posed reauthorization of the Commodity Futures report on the suspension of Subchapter IV of Chap- Trading Commission, focusing on the Commodity ter 31 of Title 40, United States Code, within a lim- Futures Modernization Act of 2000 and recent mar- ited geographic area in response to the national ket developments, after receiving testimony from emergency caused by Hurricane Katrina; which was Randy K. Quarles, Under Secretary of the Treasury

VerDate Aug 18 2005 05:10 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE5.REC D08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D889

for Domestic Finance; Robert L.D. Colby, Deputy by Senator Hagel, after the nominees testified and Director, Division of Market Regulation, U.S. Secu- answered questions in their own behalf. rities and Exchange Commission; Patrick J. McCarty, General Counsel, Commodity Futures HURRICANE KATRINA Trading Commission; Patrick M. Parkinson, Deputy Committee on Health, Education, Labor, and Pensions: Director, Division of Research and Statistics, Board Committee met to discuss rebuilding lives and com- of Governors of the Federal Reserve System; Charles munities regarding Hurricane Katrina after hearing P. Carey, Chicago Board of Trade, Terrence A. from numerous public witnesses. Duffy, Chicago Mercantile Exchange Holdings, Inc., and Daniel J. Roth, National Futures Association, all BUSINESS MEETING of Chicago, Illinois; John M. Damgard, Futures In- Committee on Health, Education, Labor, and Pensions: dustry Association, and Mark Lackritz, Securities In- Committee ordered favorably reported the following dustry Association, both of Washington, D.C.; bills: Meyer S. Frucher, Philadelphia Stock Exchange, S. 1614, to extend the authorization of programs Philadelphia, Pennsylvania, on behalf of the U.S. under the Higher Education Act of 1965, with an Options Exchange Coalition; and Robert G. Pickel, amendment in the nature of a substitute; and International Swaps and Derivatives Association, An original bill entitled ‘‘Defined Benefit Security Inc., New York, New York. Act of 2005’’. NOMINATIONS Committee on Foreign Relations: Committee concluded BUSINESS MEETING a hearing to examine the nominations of Robert A. Committee on the Judiciary: Committee ordered favor- Mosbacher, of Texas, to be President of the Overseas ably reported the following business items: Private Investment Corporation, who was introduced S. 1197, to reauthorize the Violence Against by Senators Hutchison and Cornyn, Robert B. Hol- Women Act of 1994, with an amendment in the na- land III, of Texas, to be United States Executive Di- ture of a substitute; and rector of the International Bank for Reconstruction The nomination of Kenneth L. Wainstein, of Vir- and Development, who was introduced by Senator ginia, to be United States Attorney for the District Hutchison, and Jan E. Boyer, of Texas, to be United of Columbia, Department of Justice. States Alternate Executive Director of the Inter- Also, Committee approved the issuance of various American Development Bank, who was introduced subpoenas relative to asbestos matters. h House of Representatives Suspensions: The House agreed to suspend the rules Chamber Action and pass the following measures: Public Bills and Resolutions Introduced: 39 pub- Increasing the borrowing authority of the Fed- lic bills, H.R. 3696–3724; and 7 resolutions, H. eral Emergency Management Agency for carrying Con. Res. 237–239 and H. Res. 432–435, were in- out the national flood insurance program: H.R. troduced. Pages H7812–14 3669, to temporarily increase the borrowing author- Additional Cosponsors: Pages H7814–15 ity of the Federal Emergency Management Agency Reports Filed: There were no reports filed today. for carrying out the national flood insurance program, by a 2⁄3 yea-and-nay vote of 416 yeas with Speaker: Read a letter from the Speaker wherein he none voting ‘‘nay’’, Roll No. 461; appointed Representative LaTourette to act as speak- Pages H7759–63, H7786 er pro tempore for today. Page H7747 Student Grant Hurricane Disaster Relief Act: Consideration of Suspensions: The House agreed H.R. 3668, providing the Secretary of Education to H. Res. 426, providing for consideration of mo- with waiver authority for students who are eligible tions to suspend the rules, by a recorded vote of 235 for Federal student grant assistance who are adversely ayes to 179 noes, Roll No. 459, after agreeing to affected by a major disaster, by a 2⁄3 yea-and-nay order the previous question by a yea-and-nay vote of vote of 414 yeas with none voting ‘‘nay’’, Roll No. 221 yeas to 193 nays, Roll No. 458. Pages H7749–59 462; Pages H7763–66, H7786–87

VerDate Aug 18 2005 05:10 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE5.REC D08SEPT1 D890 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 2005 TANF Emergency Response and Recovery Act of to act as Speaker pro tempore to sign enrolled bills 2005: H.R. 3672, amended, providing assistance to and joint resolutions through September 13, 2005. families affected by Hurricane Katrina, through the Page H7809 program of block grants to States for temporary as- Presidential Message: Read a message from the sistance for needy families; Pages H7766–73 President wherein he notified Congress of the con- Expressing the sincere gratitude of the House of tinuation of the national emergency with respect to Representatives to the foreign individuals, organi- the terrorist attacks on the United States of Sep- zations, and governments that have offered assist- tember 11, 2001—referred to the Committee on ance to those who have been affected by Hurricane International Relations and ordered printed (H. Doc. Katrina: H. Res. 428, Expressing the sincere grati- 109–54). Page H7809 tude of the House of Representatives to the foreign Presidential Message: Read a message from the individuals, organizations, and governments that President wherein he notified Congress that he has have offered material assistance and other forms of exercised his statutory authority to suspend the pro- support to those who have been affected by Hurri- visions of 40 U.S.C. 3141–3148 in designated areas cane Katrina, by a 2⁄3 yea-and-nay vote of 410 yeas in the States of Alabama, Florida, Louisiana, and with none voting ‘‘nay’’, Roll No. 463; Mississippi—referred to the Committee on Edu- Pages H7773–74, H7787–88 cation and the Workforce and ordered to be printed (H. Doc. 109–55). Pages H7809–10 Relating to the terrorist attacks against the United States on September 11, 2001: H. Res 427, Senate Message: Messages received from the Senate Relating to the terrorist attacks against the United today appear on pages H7766 and H7810. States on September 11, 2001, by a 2⁄3 yea-and-nay Senate Referrals: S. 1634 was held at the desk. vote of 402 yeas to 6 nays, Roll No. 402; and Quorum Calls—Votes: Six yea-and-nay votes, and Pages H7774–77, H7788 one recorded vote developed during the proceedings Making emergency supplemental appropriations of today and appear on pages H7757–58, for 2005: H.R. 3673, making further emergency H7758–59, H7785–86, H7786, H7786–87, supplemental appropriations to meet immediate H7787–88, and H7788. There were no quorum needs arising from the consequences of Hurricane calls. Katrina, for the fiscal year ending September 30, Adjournment: The house met at 10 a.m. and ad- 2005, by a 2⁄3 yea-and-nay vote of 410 yeas to 11 journed at 8:05 p.m. nays, Roll No. 460. Pages H7777–86 Moment of Silence: In recognition of the approach- Committee Meetings ing anniversary of September 11, 2001, the House observed a moment of silence for the victims of the MEDICAID: EMPOWERING BENEFICIARIES terrorist attacks that occurred on that date. ON THE ROAD TO REFORM Page H7788 Committee on Energy and Commerce: Held a hearing on Meeting Hour: Agreed that when the House ad- Medicaid: Empowering Beneficiaries on the Road to journ today, it adjourn to meet at 12:00 p.m. on Reform. Testimony was heard from David Parrella, Monday, September 12, and when the House ad- Director, Medical Care Administration, Department journs on Monday, it adjourn to meet at 12:30 p.m. of Social Services, State of Connecticut. on Tuesday, September 13, 2005, for Morning Hour ELECTRONIC WASTE debate. Page H7790 Calendar Wednesday: Agreed to dispense with the Committee on Energy and Commerce: Subcommittee on Environment and Hazardous Materials held a hearing Calendar Wednesday business of Wednesday, Sep- entitled ‘‘Electronic Waste: An Examination of Cur- tember 14. Page H7790 rent Activity, Implications for Environmental Stew- Late Report: Agreed that the Committee on the Ju- ardship, and the Proper Federal Role.’’ Testimony diciary may have until midnight on Friday, Sep- was heard from public witnesses. tember 9, 2005, to file a report to accompany H.R. 3132, to make improvements to the national sex of- WMD TERRORISM fender registration program. Page H7790 Committee on Homeland Security: Subcommittee on Pre- Speaker Pro Tempore: Read a letter from the vention of Nuclear and Biological Attack held a Speaker wherein he appointed Representative Wolf hearing entitled ‘‘WMD Terrorism and Proliferant States.’’ Testimony was heard from public witnesses.

VerDate Aug 18 2005 05:10 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE5.REC D08SEPT1 September 8, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D891 U.S. AND INDIA: AN EMERGING ENTENTE? FREEDOM IN THE WORKPLACE—AN Committee on International Relations: Held a hearing EXAMINATION OF A NATIONAL RIGHT TO entitled ‘‘The U.S. and India: An Emerging En- WORK LAW tente?’’ Testimony was heard from the following of- Committee on Small Business: Subcommittee on Work- ficials of the Department of State: R. Nicholas force, Empowerment, and Government Programs Burns, Under Secretary, Political Affairs; and Robert held a hearing entitled ‘‘Freedom in the Work- Joseph, Under Secretary, Arms Control and Inter- place—An Examination of a National Right to national Security. Work Law.’’ Testimony was heard from Representa- tive Wilson of South Carolina; and public witnesses. SECURITY AND FAIRNESS ENHANCEMENT VETERANS LEGISLATION FOR AMERICA ACT Committee on Veterans’ Affairs: Subcommittee on Eco- Committee on International Relations: Subcommittee on nomic Opportunity approved for full Committee ac- Immigration, Border Security, and Claims approved tion H.R. 3665, Veterans Housing Improvement for full Committee action H.R. 1219, Security and Act of 2005. Fairness Enhancement for America Act of 2005. BRIEFING—GLOBAL UPDATES/HOTSPOTS REVIEW OF U.S. PATENT AND Permanent Select Committee on Intelligence: Met in execu- TRADEMARK OFFICE OPERATIONS tive session to receive a Briefing on Global Updates/ Hotspots. The Committee was briefed by depart- Committee on the Judiciary: Subcommittee on Courts, mental witnesses. the Internet, and Intellectual Property held an oversight hearing entitled ‘‘Review of U.S. Patent and f Trademark Office operations, including analysis of COMMITTEE MEETINGS FOR FRIDAY, Government Accountability Office, Inspector Gen- SEPTEMBER 9, 2005 eral, and National Academy of Public Administra- (Committee meetings are open unless otherwise indicated) tion Reports.’’ Testimony was heard from Jon W. Dudas, Under Secretary and Director, U.S. Patent Senate and Trademark Office, Department of Commerce; No meetings/hearings scheduled. Anu K. Mittal, Director, Science and Technology Issues, GAO; and public witnesses. House No committee meetings are scheduled.

VerDate Aug 18 2005 05:10 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE5.REC D08SEPT1 D892 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 2005

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, September 9 12 noon, Monday, September 12

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: The House will meet in pro of H.R. 2862, Commerce/Justice/Science Appropriations. forma session at 12 noon.

Extensions of Remarks, as inserted in this issue

HOUSE Etheridge, Bob, N.C., E1793, E1798 Meeks, Gregory W., N.Y., E1800 Filner, Bob, Calif., E1797, E1800, E1804 Moran, James P., Va., E1808 Andrews, Robert E., N.J., E1810 Gerlach, Jim, Pa., E1796, E1797 Ney, Robert W., Ohio, E1787, E1788, E1790 Berry, Marion, Ark., E1791 Gonzalez, Charles A., Tex., E1807 Owens, Major R., N.Y., E1808 Bishop, Sanford D., Jr., Ga., E1798 Green, Al, Tex., E1802 Pallone, Frank, Jr., N.J., E1811 Bonner, Jo, Ala., E1788, E1789 Hastings, Alcee L., Fla., E1807 Pastor, Ed, Ariz., E1797 Brady, Robert A., Pa., E1795 Hensarling, Jeb, Tex., E1804 Paul, Ron, Tex., E1809 Burgess, Michael C., Tex., E1787, E1788, E1790, E1791, Honda, Michael M., Calif., E1807 Payne, Donald M., N.J., E1793 E1793, E1794 Hunter, Duncan, Calif., E1795 Pence, Mike, Ind., E1793 Burton, Dan, Ind., E1795 Inslee, Jay, Wash., E1793 Petri, Thomas E., Wisc., E1799 Clyburn, James E., S.C., E1791 Issa, Darrell E., Calif., E1794 Platts, Todd Russell, Pa., E1801 Conyers, John, Jr., Mich., E1803 Jackson-Lee, Sheila, Tex., E1811 Pombo, Richard W., Calif., E1791 Costello, Jerry F., Ill., E1811 Kanjorski, Paul E., Pa., E1787, E1789 Rangel, Charles B., N.Y., E1787, E1788, E1805 Crenshaw, Ander, Fla., E1810 Kildee, Dale E., Mich., E1798, E1800 Ruppersberger, C.A. Dutch, Md., E1806 Crowley, Joseph, N.Y., E1801 Kind, Ron, Wisc., E1803 Sanchez, Loretta, Calif., E1787, E1790, E1809, E1811 Cummings, Elijah E., Md., E1803 Langevin, James R., R.I., E1792 Schiff, Adam B., Calif., E1809, E1810, E1813 Davis, Lincoln, Tenn., E1796 Lewis, John, Ga., E1812 Schwarz, John J.H. ‘‘Joe’’, Mich., E1794 Davis, Susan A., Calif., E1799 Lipinski, Daniel, Ill., E1806 Sessions, Pete, Tex., E1792 DeGette, Diana, Colo., E1806 Lowey, Nita M., N.Y., E1802, E1805 Simmons, Rob, Conn., E1792 DeLauro, Rosa L., Conn., E1800 McCollum, Betty, Minn., E1806 Stupak, Bart, Mich., E1804 Diaz-Balart, Lincoln, Fla., E1794 Maloney, Carolyn B., N.Y., E1792 Udall, Mark, Colo., E1788, E1790 Dreier, David, Calif., E1808 Matsui, Doris O., Calif., E1790 Udall, Tom, N.M., E1799 Emerson, Jo Ann, Mo., E1795 Meek, Kendrick B., Fla., E1802 Van Hollen, Chris, Md., E1795, E1801

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at 202–512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to 866–512–1800 (toll free), 202–512–1800 (D.C. area), or fax to 202–512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Aug 18 2005 05:10 Sep 09, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\CR\FM\D08SE5.REC D08SEPT1