Floor Statements

Mr. President, I rise today to acknowledge the accomplishments of some incredibly focused and dedicated young athletes from southern California. This year, the members of Team Inland placed third in the Nike National Youth Basketball Tournament, became the Amateur Athletic Union, AAU, West Coast National Champions, and won the AAU Southern Pacific Division 1 Regional Tournament.

Team Inland is a nonprofit organization based in the city of San Bernardino. It is comprised of 11-year-olds, who commit their time to prepare for numerous weekend basketball tournaments throughout the year. In 2005, they won 77 percent of their games, earning impressive placements in many tournaments.

Making Team Inland's achievement even more meaningful is the fact that team members excelled academically while striving to meet their athletic goals, each maintaining a minimum 3.0 grade point average. It is clear that these young people have set high standards for themselves and put forth tremendous effort to meet them.

The members of 2005 Team Inland are: Marquise Drumwright, Ejiro Ederaine, Tyler Ervin, Quinton Lilley, Jordan Mathis, Myles Pearson, Isaiah Pooler, Kameron Presley, Chandler Scott, Justin Snavely, Dominique Walker, and Arther Ley Williams.

The Team Inland players have demonstrated their immense potential to achieve. I hope you are heartened, as I am, to learn of young people striving for personal excellence. I extend my sincere congratulations to Team Inland

and thank them for their great team spirit.

Mr. President, I wish to express my support for designating September as Leukemia and Lymphoma Awareness Month. It is estimated that leukemia, lymphoma, and myeloma will kill 60,500 people in the United States this year and that 110,000 new cases are diagnosed each year. With more than 700,000 Americans living with blood cancers, it is crucial that we come together to reinvigorate our resolve and continuously intensify our fight for a cure.

I am pleased to join the Leukemia and Lymphoma Society in encouraging all to put aside time to reflect on what has been achieved so far in fighting blood cancers, spread lifesaving knowledge, and set our sights on progressive goals to advance our ability to support and treat those living with leukemia and lymphoma. Together, we can push forward critical research and keep the eradication of these diseases at the forefront of dialogue and education in our local and national communities.

I applaud the Leukemia and Lymphoma Society for its support of treatment and research. Such work is integral to our ability to understand these illnesses and energize our fellow citizens in this very worthy endeavor. The Leukemia and Lymphoma Society has provided an outstanding model of advocacy and paved the way for others to get involved.

I am pleased to invite my colleagues to join me in acknowledging Leukemia and Lymphoma Awareness Month. I hope that you will use this time as inspiration for continued thoughtful leadership on this critical health issue.

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

Mr. President, I rise to congratulate Mr. William H. (Harry) Armstrong on receiving the 2005 Rose Ann Vuich Ethical Leadership Award. The Rose Ann Vuich Leadership Award, sponsored by the Kenneth L.

Maddy Institute at California State University, Fresno, the Fresno Business Council and the Fresno Bee, is a prestigious award that celebrates excellence and integrity in public service.

Harry Armstrong began his distinguished career in public service when he was appointed to the Clovis Planning Commission in 1966. In 1970, Harry was elected by the residents of Clovis to serve on the city council for nine consecutive terms. During this period, Harry also completed four highly successful terms as the mayor of Clovis. He is currently the longest-serving councilmember in California.

Harry Armstrong's remarkable tenure on city council has coincided with the growth of Clovis from a quiet small town to one of the most vibrant and dynamic communities in the Central Valley. Clovis' status as one of the most desirable places to live, raise a family, and conduct business is made possible in no small part by Harry's extraordinary vision and steadfast commitment to serve the overall good of the community and advance the interests of his beloved constituents.

In addition to his immense contributions to the city of Clovis, Harry Armstrong has been very generous in lending his considerable talents and passion for public service to a number of other statewide and regional causes over the years. A former president of the League of California Cities, Harry is the current chairperson of the Fresno County Transportation Authority as well as serving in the same capacity for the Association of Metropolitan Water Agencies. Harry is widely regarded as one of the Central Valley's foremost experts on transportation and water issues.

As important is the high level of ethical leadership that has been the hallmark of Harry Armstrong's tenure of public service.

As his colleagues, constituents, and many admirers would attest, Harry Armstrong is a truly deserving recipient of an award that honors the importance of integrity, character, ethics, consensus building, and commitment to the common good in public service. Throughout his career in government, Harry has consistently embodied the best ideals of a dedicated public servant.

I congratulate Harry Armstrong on receiving the 2005 Rose Ann Vuich Ethical Leadership Award and wish him continued success in his future endeavors.

Mr. President, I rise today to honor the Rancho Buena Vista Little League Team of San Diego, CA, that represented the Western Region in the Little League World Series.

The Rancho Buena Vista Team treated fans to a thrilling season, including an amazing 24-game winning streak. Their season culminated in a 5 to 4 victory over the team from Chiba City, Japan to win third place at the Little League World Series in Williamsport, PA. On August 14, 2005, Rancho Buena Vista defeated Tracy, California 7 to 2 in the West regional championship game, finishing with a 6 to 0 record. The Vista Little Leaguers became the sixth U.S. region representative and 14 overall to qualify for the 2005 Little League World Series.

The team displayed commitment to teamwork, gamesmanship, and a love of baseball as a team sport as they each played fair, strived to win, and always did their best. Vista's pitcher Kalen Pimentel struck out 18 batters in 1 regulation game to tie a Little League record.

On September 10, 2005, in the City of Vista, the Rancho Buena Vista Team will celebrate their victory with fellow San Diegans. The team will be joined by their friends, family, supporters, and coaches Randy Reznicek, Joseph Pimentel, and manager Marty Miller in a parade. They come together to celebrate the team's strength of character, level headedness, pride, and commitment which lead them to victory.

It is with great pleasure that I commend the athletes of the Rancho Buena Vista Little League Team for the determination, composure, and sportsmanship they exhibited throughout the 2005 Little League World Series and for their many accomplishments on the field throughout the tournament. I wish them great success in the future.

Mr. President, I rise to commemorate the 50th anniversary of Evangel Home. Evangel Home is a shelter for needy women and children located in downtown Fresno. Now in its 50th year, Evangel Homes has been instrumental in helping hundreds of women and children piece together their broken lives.

Evangel Home was established in 1955 by Ms. Pauline Baker Myers as a ``Home for Needy Women and Children.'' Saddened by the lack of help for women in need at local homeless shelters, Pauline Baker Myers envisioned a shelter for women designed to help them put their lives back together. Evangel Homes became one of the first shelters of its kind in the nation.

Evangel Home helps women through a variety of programs. Women enter Evangel Home through Crisis Home, an emergency shelter where women may stay for up to 28 days. At Crisis Home, up to 24 women and children can receive services such as meals, shelter, clothing, and counseling.

Following the initial stay at Crisis Home, women may be eligible for the CrossRoads Residential Program. Through the CrossRoads Residential Program, Evangel Homes offers a 9-month program of courses and services to help women make better choices for themselves and their families. The courses are intended to help residents develop their life skills for parenting, finances and setting boundaries.

The GARDEN Residential Recovery Program, or God Answers, Redeems, and Delivers Everyone who draws Near to Him, is an alternative sentencing program. It is designed to rehabilitate women in a structured environment as an alternative to serving a jail or prison term. The GARDEN program accommodates as many as six women and includes courses and counseling programs tailored to teach women responsibility and decision making skills.

Lastly, the Community Connection Graduate Program involves graduates from the CrossRoads and GARDEN programs. Community Connection encourages women to work and attend school while providing them with a support network to ensure their success.

The success of Evangel Homes is evident in the many women and children who have walked out of its doors to productive and successful lives. Annually, Evangel Homes gives shelter to more than 300 women and 200 children. The mission of Evangel Homes goes far beyond giving material support to women in need. Instead, Evangel Homes gives women nurturing support in a structured environment so that they may be taught self-reliance and responsibility.

Evangel Homes recognizes that those who seek its help have the ability to make their own choices. Through spiritual guidance and counseling, Evangel Homes strives to erase the effect of what it calls ``disaffiliation'' or the feeling of isolation and disassociation from anything positive in their lives that many women and children feel as an effect of their disordered lives. Through programs designed to give women and children the structure, the hope, and the tools for rebuilding their lives, Evangel Homes gives women and children a ``chance for change.''

I congratulate Evangel Homes on their 50th anniversary and wish them much continued success.

Reserving the right to object----

I have absolutely no problem with this. I know Senator Clinton is trying to make it from an airplane to get to the floor. So as I understand it, Senator Mikulski has the time until 5:30; is that correct?

Hopefully, she will make it. If I could cover us and say 5:35, and then it would go to Senator Gregg, would that be OK?

Mr. President, I thank the Senator from Maryland for her leadership in reaching out to the people of this country, asking them to send in their questions for Judge Roberts. As she noted, 25,000 individuals wrote in questions and we received a total of 40,000 questions. It shows the American people have a lot at stake. This is a serious time for our country, and a very important nomination. We certainly know that.

Most Americans understand that the Court plays a huge role in defending our rights and freedoms, and now Judge Roberts has been nominated to be the Chief Justice of the United States. Although some will say it makes no difference, it makes a big difference. The Chief Justice runs the Court, sets its tone, assigns responsibility for writing its decisions, has a certain amount of cachet to speak for the Court, and so on.

The Judiciary Committee began its hearings today on Judge Roberts. This is a vital part of the advice and consent role of the Senate. Before we vote, it is every Senator's duty to find out if Judge Roberts will uphold or undermine our fundamental freedoms, the freedoms that essentially define us as Americans. It is our duty to find out if Judge Roberts will fulfill the promise etched above the Court itself: Equal justice under the law--not justice only for the powerful, but equal justice for all. And when I say we have a duty, I am talking about our responsibility as Senators to act on behalf of we the American people.

That is why the Democratic women, under Senator Mikulski's leadership, created the AskRoberts Web site. Americans submitted 40,000 questions about a broad range of issues, including privacy, reproductive health, civil rights, women's rights, and the environment. One individual posed this question to Judge Roberts: In your opinion, why would the White House refuse to turn over public records from your time as Deputy Solicitor General? What is there to hide?

What is there to hide? It is a very important question. Senators on both sides of the aisle should be asking that question. Before we confirm Judge Roberts to a lifetime appointment as Chief Justice, we need to know everything possible about his views and philosophy. This isn't because it is interesting, because I am sure it would be interesting. Judge Roberts is a very bright and interesting man. But it is because every American's rights and freedoms hang in the balance. Judge Roberts has a very thin record on the bench. Therefore, his writings and statements, when he worked for the Reagan administration and the first Bush administration, become very important.

We know that in his position working for Kenneth Starr, Mr. Roberts played a very important role. He was a top decisionmaker in the Solicitor General's Office. He appeared before the Supreme Court and, by his own admission, made the final determination of which cases to appeal in hundreds of circumstances. It is not as if we haven't gotten information like this before. We did so during the confirmation hearings for Judge Bork and Justice Rehnquist.

That is why Democrats on the Judiciary Committee, under the leadership of Senator Leahy, and the Democratic leadership, under the leadership of Senator Reid, and the Democratic women, under the leadership of Senator Mikulski, and the entire Democratic caucus have written letter after letter to Attorney General Gonzales demanding these documents be released.

We are talking about a very narrow request--only 16 cases--not a broad request for all records. What are these cases we are asking about? They include three about reproductive health, five about discrimination and civil rights, and three about the environment. These are the very issues Americans told us they wanted Roberts to answer questions about when they wrote to our Web site.

In poll after poll, the American people are saying that Judge Roberts has to tell us what he believes, and we deserve to have this information. Everyone agrees that Judge Roberts is extremely qualified and very personable. But we need to know about his views and philosophy because, if confirmed, the cases he would decide will impact the daily lives of all Americans.

I believe the American people want transparency and openness in this process. This should not be some hide-and-seek, catch-me-if-you-can deal. This is about someone who could sit on the Court for 30 years, or more. This is someone who is going to influence the lives of our grandchildren and perhaps even our great grandchildren.

In addition to getting the information on these cases, Judge Roberts also must answer questions, and I hope he is going to do that. I know a couple of my colleagues on the other side of the aisle today seemed to be counseling him not to answer questions. One of them cited Judge Ginsburg, and said she drew the line by refusing to answer questions.

Let me tell you what Judge Ginsburg said at her hearing when she was asked about Roe v. Wade and a woman's reproduction freedom. She said:

It's a decision she must make for herself.

And when Government controls that decision for her, she is being treated as less than a fully adult human.

That is a quote from Ruth Bader Ginsburg. And it is certainly at odds with all that Senator Hatch and others are saying about how Ruth Bader Ginsburg didn't answer questions about key legal issues. No. 1, her writings on this and other topics were extensive. Then at the hearing, she said clearly that when the Government takes control--I am going to read it again:

When Government controls that decision, a woman is being

treated as less than a fully adult human.

I want to know whether Judge Roberts agrees with that. He will have a chance to express that view and also his view about the role of Congress in protecting our families and communities. Take, for example, the violence against women. Part of that act, written by Joe Biden and Orrin Hatch--and I worked with Senator Biden for years on that--part of that law was thrown out. We want to know how Judge Roberts feels about whether we in the Senate can protect the women of our country, can protect the families of our country, can protect those who perhaps cannot speak for themselves.

We need to know if Judge Roberts thinks the right to privacy is a fundamental right. We know he wrote about it as the so-called right of privacy.

If I referred to your spouse as your ``so-called spouse,'' that would be an insult, wouldn't it? If I referred to your right to vote as your ``so-called right to vote,'' my constituency would be very upset with me because the right to vote is not a so-called right. So when you say something is a so-called right, it raises a lot of questions about how you feel about it.

We also need to know why Judge Roberts argued before the Supreme Court and on national TV that our Federal courts and marshals had no role in stopping clinic violence when women were being threatened and intimidated at family planning clinics all over the country.

It is time for Judge Roberts to say what he really thinks--on privacy, on gender discrimination, on civil rights, on the environment. On the appellate court, he wrote an opinion that raises questions about whether he would find the endangered species act constitutional. Does he think it is our right in the Congress to pass environmental laws that protect all Americans?

As Senator Mikulski said, the role of the women Senators is very important. Women across America are counting on us to stand up, to ask the questions, and to get the answers. When we vote on this nomination, it must be an informed vote either yes because we believe he will protect our rights and freedoms or no because we have not been convinced.

I thank the Chair. I yield back my time to Senator Mikulski.

Mr. President, as I understand it, we have 5 minutes before Senator Gregg has the floor; is that correct?

Mr. President, I thank Senator Murray because she has a way of putting things quite succinctly and clearly and I appreciate her coming to the floor.

There is a very interesting editorial today in USA Today, and I want to quote from it. The first part says there is no question that the President has chosen someone with similar views to Judge Rehnquist. This is what they say:

But, if the men are similar, the nation is different now

from what it was when Rehnquist joined the Court 33 years

ago, and that difference raises provocative questions for

Roberts as Senate confirmation hearings begin today.

This is how they say it has changed since Judge Rehnquist's hearings:

In particular, the United States has become a far more

tolerant society. In 1972, racial segregation was still being

dismantled. Women, like African-Americans, were routinely

deprived of equal opportunity. The notion that Americans

possess a right to privacy, established by the landmark 1965

Supreme Court case that overturned state laws against birth

control, was still taking root.

This editorial goes on to ask if Roberts would make it difficult for Congress to extend those gains or even turn back the clock, concluding:

His record leaves plenty of room for doubt.

Now, this is USA Today. It is not considered a liberal newspaper. It is a pretty mainstream paper and it raises the issue of privacy, writing:

In memos written when he was in the Reagan administration,

Roberts disparaged the notion that there is a constitutional

right to privacy that prevents the government from

criminalizing contraception, abortion and gay sex.

And then it talks about race:

Roberts has belittled affirmative action as ``recruiting of

inadequately prepared candidates'' and has argued for

standards that would make it easier for school districts to

evade desegregation orders.

On women's rights, it is also troubling:

Roberts ridiculed the concept that women are subject to

workplace discrimination, and he argued for narrowing the

government's ability to enforce the ban on gender

discrimination in education.

They close by saying:

His record bears close scrutiny and his answers should go a

long way toward determining whether he should be confirmed

for a lifetime appointment as the Nation's most powerful

jurist, deciding issues barely imaginable today and

influencing the lives of generations to come.

As I say, this editorial is quite mainstream. It raises legitimate concerns about Judge Roberts. It basically says to the Senate, it is your job to find out how he is going to rule on cases we cannot even envision at this time.

I think that the committee is off to a good start. I received a briefing while I was on a plane today about the Senators' comments on both sides of the aisle. It clearly seems to be a confirmation that both sides are taking extremely seriously.

I say to those friends and colleagues on the other side who are counseling Judge Roberts that he does not have to answer questions, that would be a big mistake. The American people in poll after poll are saying to us, we have a right to know. We want to have answers to very important questions that will shed light on if Judge Roberts is going to make sure this Congress and this Federal Government can protect them; that we can protect the environment; equal rights for women and for minorities; that we have the ability to make life better for the American people; and that we, in fact, will be able to respect the dignity of our people by making sure there is not a ``so-called'' right to privacy but a fundamental right to privacy that has been articulated by the Court and that we hope Judge Roberts will uphold.

I yield the floor.

Mr. President, just over 5 short months ago, the Bush administration finalized a rule that weakens and delays required controls on emissions of mercury from coal- and oil-fired powerplants. We should overturn this rule today.

This vote presents a clear choice: does the United States Senate support protecting the health of millions of children in our nation, or does it support protecting the profits of industries that emit mercury, which poisons our children and environment?

The Bush administration supports the interests of polluting industries. The administration's rule saves the electric industry money, but at a severe cost to public health. The administration has-- once again--used the Federal Environmental Protection Agency to protect polluters.

Mercury is a potent poison. Studies show that it may damage the human cardiovascular, endocrine, immune, and respiratory systems. It also harms the nervous systems of developing fetuses. Low levels of mercury exposure in utero can damage a fetus's brain and create long-term injuries, including learning disabilities, poor academic performance, and reduced capacity to do everyday activities like drawing and learning to speak.

Up to 637,000 children are born each year having already been exposed to levels of mercury associated with brain damage.

Just last week, on Sept. 8, 2005, the Center for Children's Health and the Environment, located at Mount Sinai Medical Center, found that more than 1,500 babies suffer from metal retardation due to mercury exposure in utero. In addition to the life-long personal impacts, the study found that the nation loses $2 billion annually from such injuries.

Forty-five States warn people to reduce or avoid consumption of fish from waterbodies that contain mercury due to the risk associated with eating these fish. Mercury levels become concentrated in some fish, reaching more than one million times the level of mercury in the water.

Where does this mercury come from? Powerplants are the single largest source of U.S. emissions of mercury, accounting for 44 percent of all such emissions. These powerplants emit 30 percent of the mercury that currently pollutes U.S. waters. Fish contaminated with mercury is the main source of exposure for people in our nation.

The Clean Air Act requires reductions in mercury emissions that are crucial to protect public health. But, the Bush administration has decided to ignore the law.

EPA's rule on coal- and oil-fired powerplants implements slower and weaker requirements than under the Clean Air Act. This ill-advised rule delays reductions for 10 years and allows higher emissions of mercury, compared to the Clean Air Act's requirements. EPA's projected reductions in emissions under the rule do not meet the reductions required by the Clean Air Act. And, in fact, this chart shows the reductions do not even meet what the rule itself calls for.

Why did the EPA get it so wrong?

Well, for starters, EPA used language from utility-industry lawyers-- almost word for word--to create the rule.

On September 22, 2004, the Washington Posted reported that:

For the third time, environmental advocates discovered

passages in the Bush administration's proposal for regulating

mercury pollution from power plants that mirror almost word

for word portions of memos written by a law firm representing

coal-fired power plants. . . . The EPA used nearly identical

language in its rule, changing just eight words. In a

separate section, the agency used the same italics [the law

firm] used in their memo . . .

Let me repeat the last part. The industry memo and the rule that EPA proposed even used the same italics.

What else did EPA do wrong?

The EPA's own inspector general found that senior EPA officials told career EPA staff to produce a rule that allowed 34 tons of annual mercury emissions, rather than to produce a rule that complied with the law.

Let me quote from a 2005 EPA inspector general report that examined EPA's mercury rule:

Evidence indicates that EPA senior management instructed

EPA staff to develop a Maximum Achievable Control Technology

(MACT) standard for mercury that would result in national

emissions of 34 tons annually, instead of basing the standard

on an unbiased determination of what the top performing units

were achieving in practice.

Again, this bears repeating: Senior EPA officials rigged the rulemaking to allow the power industry to emit a heavy metal that can poison children.

But, it doesn't end there.

Both EPA's inspector general and Congress's Government Accountability Office found that EPA failed to assess all of the public health benefits of reducing mercury. EPA ignored demands

from its own Children's Health Protection Advisory Committee and other public health groups to asses such injuries.

Let me quote from a January 4, 2005 letter that the Advisory Committee wrote to the EPA:

While we are pleased to see that EPA is considering

additional external analyses, we note that EPA has not

conducted the analysis recommended by [the Children's Health

Protection Advisory Committee] . . . Specially, we asked the

Agency to develop `an integrated analysis with respect to

whether emissions reductions under either of these proposals

are the most child-protective, timely, and cost-effective,'

using existing available data. . . . The [Children's Health

Protection Advisory Committee] notes that none of the [EPA's]

Principle questions for consideration [of the rule] addresses

the importance of healthy child development in assessing a

country's economic competitiveness.

The Advisory Committee wrote four letters admonishing the EPA to conduct the needed analysis and increase protections for children.

Did EPA listen? No. EPA unlawfully allowed industry to emit poison, and then turned a blind eye to the injuries suffered by the children who will be hurt most from this decision.

In this rule, EPA chose not to require coal and oil-fired powerplants to make the same types of reductions that medical and municipal waste incinerators have made. These facilities, which emit mercury, have reduced their emissions by 90 percent using the maximum achievable control technologies.

EPA got it wrong by cooking the books, using industry-supplied language, willfully ignoring the most severe public health impacts, and simply refusing to make powerful industries comply with the same rules as other entities.

We must reject EPA's rule to delist these facilities as emitters of hazardous air pollutants. The Senate must join with the religious community, public health advocates, fishermen and hunters, environmental groups and more than a dozen states in opposing this rule.

We must vote to protect public health, not the profits of the power industry.

(At the request of Mr. Reid, the following statement was ordered to be printed in the Record.)

Mr. President, I rise to recognize the opening of the University of California, Merced, the first new University of California campus in 40 years.

The University of California, Merced is the 10th campus in the University of California system, widely renowned as one of the finest public university systems in the world. Merced, located in the heart of the San Joaquin Valley in Central California, was selected as the site of the new campus in 1995 after a thorough and competitive screening process that took 7 years and involved more than 80 different locations.

The 1,000 students in the inaugural 2005 class are a shining example of the diversity that is a great strength of California. Students from Del Norte to San Diego, and from the Pacific Coast to the Sierra Nevada, make up the diverse student body population. A significant number of the students are the first in their families to attend college and come from underrepresented ethnic or racial minority groups in the Central Valley.

The University of California, Merced will grow steadily in the coming years. Initially, the university will offer major degrees in nine different majors from three disciplines: engineering, natural sciences, and social sciences, arts and humanities. Graduate degrees in the three major disciplines will also be available. Total enrollment is expected to reach 5,000 in 5 years and reach 25,000 in 2035. The number of academic programs and degree offerings will increase accordingly as the university grows.

The students, faculty, and staff of the inaugural UC Merced class deserve special praise for their vision as they take on the responsibility of building and expanding the 10th University of California to one that will some day be steep in tradition, history, and excellence. In due time, the students, faculty, and the staff of the first UC Merced class will be rightfully seen as pioneers to those who will follow in their path in the years and decades to come.

The opening of the University of California, Merced is made possible by the tireless work and dedication of scores of committed public officials, hard-working professionals, and determined citizens. Every person who has lent a helping hand to the UC Merced campus can take great pride in knowing that their hard work has resulted in greater opportunities for future generations of California students.

I congratulate the University of California, Merced on its opening, and wish its faculty, students and the community a bright future as they help make the Central Valley and California an even better place to live.

Mr. President, we have all watched in horror as the Gulf Coast has been struck by what could be the worst natural disaster in U.S. history, leaving unimaginable suffering in its wake. It is difficult to put into words how heartbroken we are for the Americans affected by Hurricane Katrina.

Brave souls everywhere are still searching for some family members, while trying to keep others alive and hopeful. We have seen the inspiring courage of the survivors and dedicated men and women working around the clock to help them.

Thousands of people have lost their lives. Far more have lost life as they know it--their families, their homes, their communities, and their jobs.

There has already been an increase in people filing for unemployment benefits due to Hurricane Katrina. And, the jobs that have been lost will be gone for a long time.

To help people who have lost their jobs because of this crisis, I am introducing the ``Hurricane Katrina Reconstruction and Displaced Worker Assistance Act of 2005.''

This legislation would give priority in awarding Federal contracts for the rebuilding efforts to those companies where workers displaced by Hurricane Katrina comprise at least 25 percent of the workforce fulfilling the contract. This will help provide jobs to those who have been severely affected by the hurricane.

We must show those who have suffered so much that their government will help them rebuild their lives. I urge my colleagues to support the bill.

Mr. President, today I am reintroducing a bill to provide help to State and local first responders in purchasing interoperable communications systems--so that everyone can talk to one another during an emergency.

This need has been glaringly apparent for over a decade now, but especially since the 2001 terrorist attacks. It was all the more evident in the aftermath of Hurricane Katrina.

The 9/11 Commission described the inability to communicate as ``a critical element'' at the World Trade Center and at the crash sites, where multiple agencies and multiple jurisdictions responded in September 2001. And yet four years after that attack, our first responders still cannot talk to each other.

Let me mention just one example from the areas affected by Hurricane Katrina.

National Guard members have compared communications capabilities in New Orleans unfavorably with those in Iraq. Ground commanders for New Orleans have been functioning without the ability to track the location of some units reporting to them. This is unacceptable.

Almost every community I visit in California--from big to small-- mentions the need for interoperable communications for first responders and the need for assistance from the federal government. California suffered from a lack of interoperable communications in the fall of 2003, when communities could not communicate with each other to convey what was happening with fires that were sweeping through the State, greatly complicating the response.

We need to provide funding so that State and local first responders can purchase the technology that makes interoperability possible. We need to do our job at the national level and provide our first responders with the resources to protect our communities in the case of a terrorist attack, natural disaster, or other emergency.

I have tried to get funds for interoperable communication systems as part of the Intelligence Bill, the Rail Security Bill, and the Homeland Security Appropriations Bill. The time to act is past. We need to get this done before the next disaster strikes, which is why I am reintroducing this bill.

My bill would authorize $300 million for each of the next 5 years to help State and local agencies improve existing communications systems or purchase new systems. This funding would help local agencies purchase equipment for real-time interoperable communication between first responders.

Guaranteeing that first responders will have the communications equipment necessary to respond to a future attack is exactly the kind of preemptive action we should have taken after 9/11 and should be taking now.

A report on the needs of first responders by Warren Rudman and Richard Clarke found that fixing this problem would cost $6.8 billion. My bill does not fund this all, but we need to do something.

This bill is an important step in fulfilling our federal responsibility to protect our citizens during emergencies. I urge my colleagues to support it.

Madam President, I rise today with a heavy heart. We have all watched in horror as the Gulf Coast has been struck by what could be called the worst natural disaster in our history.

Over the weekend, Chief Justice Rehnquist, who served our Court and country with such distinction for 33 years, and showed such bravery in the last months of his life, passed away.

We have now lost nearly 2,000 young men and women in Iraq, and we still do not have, in my opinion, a credible plan, a mission, a timetable to achieve success and bring our troops home. Gas prices are putting horrible strains on most Americans.

There is a tremendous amount of anxiety in America today. I feel it when I go home to California. We must confront it immediately in the Senate, in the House, and, yes, at the White House.

With one party controlling the entire Government, there is pressure in some quarters to be silent and just let mistakes and misplaced priorities take their toll.

Well, I do not agree with that mindset. I am going to say what I think. And even more important, I am going to do everything I can with my colleagues on both sides of the aisle to help get our country moving in the right direction again.

Lives hang in the balance in this disaster and, God forbid, in the next one. It is difficult to put into words how heartbroken we all are for Americans affected by Hurricane Katrina. Thousands of people have lost their lives. Far more have lost their homes, their jobs, their communities. Brave souls everywhere are still searching for some family members while trying to keep others alive and hopeful.

I even heard a doctor on CNN talking about being forced to make the impossible choice of whom to save and whom to leave behind to die.

Yes, the acts of bravery are being celebrated, as they should be-- neighbor helping neighbor, churches filling in for FEMA, local law enforcement putting their own hardships aside to work 24 hours a day helping others.

But there are images, such as this one I show here, that leave us in tears. It shows a makeshift grave along the road--a makeshift grave. Somebody put a sheet over a body, and it looks

like bricks are holding down the sheet. There is a cross on top, and it says: ``Here lies Vera. God help us.'' God help us, indeed. How can this have happened in America? Here we are, the most powerful and prosperous country in the world, and our people have to write notes on handmade graves to get attention.

Well, words of compassion are not enough. We must show those who have suffered so much that their Government will help them find their missing relatives, and rebuild their lives, homes, and communities.

The $10.5 billion we appropriated was an important start but just a start. We should not wait another day to give all the victims of Katrina immediate access to Medicaid or to exempt them from the recent bankruptcy law. We should not be cutting Medicaid now, and that is exactly what is in the budget bill the Republicans are bringing before us.

We should not wait another day to provide temporary housing for all those displaced, including emergency vouchers. We also should use our military bases that are vacant to house people until they are on their feet again.

We should not wait another day to make sure that Halliburton, or any other company receiving Federal contracts, employs some of the estimated 500,000 to 1 million people who are now jobless. Put them to work rebuilding their own communities. You are giving these companies Federal contracts. Let them step to the plate and do their share. There are two similarities that I see between Iraq and this hurricane. The administration did not have a plan for either, and Halliburton will end up making billions of dollars for both.

Hurricane Katrina has shown a spotlight on the best and the worst of America. We have seen the inspiring courage of the survivors and the dedicated men and women working around the clock to help them. We have also seen those who would loot, and take advantage of this tragic situation. We have seen the heroics of the press, which put a spotlight on the full extent of the tragedy.

We have also seen the deadly chasm between the haves and the have- nots, with the poorest among us left behind, literally and figuratively, to weather the storm. And, yes, we have seen, in my opinion, an unacceptable response from our Federal Government. The President himself said that, and then he backed away.

I know the President has said he will launch an investigation, but it is not sufficient for the President to investigate his own administration. Congress must fulfill its oversight responsibility. I thank Senator Collins and Senator Lieberman for pledging to hold hearings on the Government's response to this tragedy.

Today, an AP wire story that was just handed to me says, ``The top U.S. disaster official''--that is Michael Brown--``waited hours after Hurricane Katrina struck the Gulf Coast before he proposed to his boss,'' that is Michael Chertoff, ``sending at least 1,000 Homeland Security workers into the region to support rescuers, internal documents show.''

Quoting further the AP wire story:

The same day Brown wrote Chertoff, Brown also urged local

fire and rescue departments outside Louisiana, Alabama and

Mississippi not to send trucks or emergency workers into

disaster areas without an explicit request for help from

state or local governments.

We must fulfill our oversight responsibility. I agree with Senator Clinton that we should also create an independent Katrina commission. Hurricane Katrina has raised alarming questions about our Nation's ability to prepare for and respond to disasters.

Last Thursday, the President told Diane Sawyer that we did anticipate a serious storm, and I quote him:

I don't think anyone anticipated the breach of the levees.

Well, that is unbelievable. All you had to do was look at FEMA's own report in 2001, which listed the three most likely catastrophic disasters our country could face. What were they? A massive earthquake in California, a terrorist attack on New York City, and a major hurricane hitting New Orleans. All you had to do was look at the Houston Chronicle, which predicted this. The New Orleans Times-Picayune predicted this. The National Geographic predicted this. There was a 5- day simulation in July of 2004 to specifically address a disastrous hurricane in New Orleans. The LA Times reported that in late May the Army Corps of Engineers in the New Orleans district formally notified Washington that hurricane storm surges could knock out two of the big pumping stations that keep the city dry.

On the day before the tragedy struck, an AP wire story said:

Experts expect Katrina to turn New Orleans into Atlantis,

leaving up to 1 million homeless.

They did not think the levees would break?

And what about the budgets? Despite repeated requests from New Orleans for more Federal money to protect the city, the press reported that funding for Corps of Engineers projects in the New Orleans area fell by 44 percent between 2001 and 2005. This is unacceptable.

Michael Brown should go. He is a nice man. But I agree with Senator Mikulski, he should go. He should go because he does not even have the experience to do this job. He was the head of an Arabian horsemen's association. That is not training to step into a disaster the size of the one we have seen.

Now, in California, we know how important FEMA is during a disaster. After the Northridge Earthquake, James Lee Witt, the head of FEMA, was out there. We counted on him, and Lord knows how many lives he saved. He knew what he was doing. We built up FEMA during that time, all of us working together. It has now been turned into a shadow of its former self.

I also agree we ought to make FEMA again an independent agency. Senator Byrd tried to do that. He offered an amendment that said: Let's wait before we put FEMA under Homeland Security. Twenty-eight of us voted for that. It did not pass. I warned at that time very clearly that this was making me extremely nervous. My quote was:

Putting the Federal Emergency Management Administration,

[FEMA] lock, stock, and barrel, into this new Department I

just think is going to be a real problem for us. . . . I am

very worried about accountability.

Now, I do not say this to imply that I knew what was going to happen. I did not. But I do have some common sense, and I know you need one person in charge who has the ability, yes, to move mountains.

Yesterday, we had a briefing on this up in room 407. We had the whole Cabinet there. I listened to a lot of good people. I would have preferred one person I could hold accountable.

There are many more things I am going to do. But I have to say this: For years we tried to get interoperable communications funding--for years. I had a bill. Senator Stabenow had a bill. It got through the Senate. It got taken out by the House. We still do not have emergency workers able to talk to one another.

So we need to move fast. We need to move fast before the next disaster strikes. Now, we all pray in the Senate we will not have another disaster like this, but we must plan in case we do. That is our job. That is our work. We must set aside a lot of other things we are going to do around here to get this right because we know we are living under the threat of a terrorist attack that could occur in any city in this country. And this is a sad case for us and not one that should be emulated.

We all have to move forward. And, yes, the people who did not do the right thing should not be heading these agencies. In my state of California, we know how it feels to lose your bearings, your home, and your sense of security. I saw it so many times in my congressional career, in my Senate career. Earthquakes, fires, floods, mud slides; you name it, we have had it. You need strength at the Federal Government level when these things happen. Look at the city of New Orleans, what they tried to do with the police officers. Two police officers committed suicide. They had nothing, and they were trying to secure a city for days.

Well, it is hard to look at this, but we have to look at it. We have to do it with an independent commission. We have to make sure people who are counting on us get their lives back. And we can do it. This is America. But we need to hold people accountable. We need to be credible with our response. The job is a tough one, but we need to do it, and we need to do it soon. We

owe nothing less to the people we represent.

Madam President, thank you.

Mr. President, today I pay tribute to Laura Esguerra Adams, a member of my staff who died last week after a valiant struggle against cancer. I want the Senate and the American people to know about this extraordinary young woman who served us all so well.

Laura was my Web designer, in charge of my Senate Web site. Over the past several years, she transformed ``boxer.senate.gov'' from a simple, nondescript Web page to a modern, cutting-edge site that has won awards for its clean look, comprehensive content, and accessibility.

Today thousands of Californians visit this site every week to get up- to-date information, express their opinions, and obtain help from my office and Government agencies. Laura's many additions to the site included video updates from California and the Senate floor, contests for kids on Earth Day and the Fourth of July, and dozens of links to other sites providing news, information, and assistance.

Laura was not only a tremendous asset to my staff; she was also a joy to work with. She was smart, funny, and most of all big hearted. She was both tech wise and user friendly, always willing to share her knowledge and expertise. In our Los Angeles office, she organized great potluck lunches where she cooked well, ate prodigiously, and shared her eclectic taste in music of all kinds--good, bad, and strange.

A truly urban Angeleno, Laura lived in a downtown LA loft and recently led her new husband James and their wedding party on a candlelight procession through the center city.

Laura was a highly skilled and devoted public servant who believed that technology can and should add to our understanding of Government and give more people the opportunity to participate in our democracy. I deeply appreciate her service to the Senate and the people of California.

I know Members will join me in honoring the memory of Laura Esguerra Adams and sending our thoughts and prayers to her husband, family, and many dear friends.

Mr. President, I would like to take this opportunity to recognize a wonderful Californian, Alan Bergman, in honor of his 80th birthday. Few in the world today have brought so much pleasure, joy, and insight to so many as have Alan and his wife Marilyn.

Alan Bergman was born on September 11, 1925, in Brooklyn, NY. He had an ear for music at a young age--at age 10, he knew he wanted to be a songwriter. After studying at the University of North Carolina at Chapel Hill and the University of California at Los Angeles, Alan moved to Philadelphia. There, he worked as a director for children's television shows, and moonlighted as a songwriter. He soon moved back to Los Angeles at the urging of his mentor, Johnny Mercer, to work full time on his budding songwriting career.

In Los Angeles, Alan met Marilyn Keith. Alan and Marilyn hit it off right away, and Alan knew that in Marilyn he had a friend and a musical partner. Alan also knew that he wanted to spend the rest of his life with this remarkable woman. And in 1958, Alan and Marilyn were married. With Marilyn's musical background, she and Alan were a perfect match. They began to write lyrics together. It soon became evident that Alan and Marilyn Bergman were a powerful team, working on lyrics for television shows and movies. In 1968, their efforts won them their first Oscar for ``The Windmills of Your Mind,'' the theme song from the ``Thomas Crown Affair.''

There would be more recognition to come for the Bergmans, the only husband-and-wife team of lyricists. In 1968, Alan and Marilyn also won a Golden Globe Award for ``The Windmills of Your Mind.'' In 1973, Alan and Marilyn won two Emmys, an Oscar, a Grammy, and a Golden Globe Award for ``The Way We Were.'' In 1984, they won another Oscar for the score for ``Yentl,'' and won Emmys for ``Sybil,'' ``Queen of the Stardust Ballroom,'' ``Ordinary Miracles'' and ``A Ticket to Dream.'' And these are just a few of Alan and Marilyn's many awards.

In addition to these awards, Alan and Marilyn have received many accolades. Among others, they have been inducted into the Songwriters Hall of Fame, and have received the National Academy of Songwriters Lifetime Achievement Award, the Spanish Cultural Medal of Honor, and the Governors Award from the National Association of Recording Arts and Sciences. As president of the American Society of Composers, Authors and Publishers, Marilyn has worked with many in Congress, in a bipartisan way, to protect intellectual property rights.

Recently, Alan unveiled another one of his many talents--in addition to being a world-renowned songwriter, Alan is also a gifted singer. He has performed shows across the country, from the Algonquin Hotel in New York to the Jazz Bakery in Los Angeles, showcasing the songs that he has written with Marilyn.

When I met Alan and Marilyn in 1990, I knew that my life as a political leader would take on a new dimension. I was to learn that as a human being I had been enriched beyond measure.

Alan and Marilyn's musical achievements throughout their lifetimes show how exceedingly talented and gifted they are. Their success is a result of their hard work and dedication. It is no wonder that they are one of the most respected songwriting teams in music today.

I believe it is appropriate that Alan be recognized in the Congressional Record today not only on the occasion of his 80th birthday, but, along with Marilyn, for enriching the lives of so many Americans for so many years.

Mr. President, even though we have all been scattered across the country during this past week as the Senate has been in recess, we have all witnessed through television the devastating scenes from Louisiana and Mississippi. My heart goes out to all of those who have been affected by Hurricane Katrina--those who have lost friends and family members; those who have lost homes; those whose lives have been completely upended. My thoughts and my prayers are with them all.

Having represented California in the Senate for the past 12\1/2\ years, I have been through my share of disasters--of earthquakes, floods, mudslides, and fires. I know a little of what they are going through right now in the South. But no matter how many disasters I have witnessed first hand in California, I must admit, these are some of the most disturbing and catastrophic scenes I have ever seen.

And here we are, several days after the hurricane struck, and it does not appear to be getting much better. Tens of thousands of people remained stranded and trapped--there is a critical lack of food and water--and people are dying. It is truly a desperate situation.

So I am pleased to support this legislation to provide emergency funding to help the relief efforts. I doubt it will be enough, and I suspect we will need to do more. I trust that the action we are taking tonight will be just the first step--and will serve to underscore our desire to take care of the people of the Gulf States.

The bill (H.R. 3645) was read the third time and passed.

Mr. President, I will vote against this energy bill because it does not do enough to reduce our dependence on foreign oil through the promotion of alternative forms of energy or by encouraging energy efficiency.

I was very disappointed that the conference committee eliminated the Senate's renewable portfolio standard, under which utilities would have provided 10 percent of their total sales from renewable resources by 2020. In addition, the conference also eliminated the Senate provision that called on the President to find ways to reduce oil use by 1 million barrels per day by 2025, as well as the provision promoting hybrids for use in Federal, State, and other vehicle fleets.

I am also very concerned about an authorization for an inventory of energy resources in America's Outer Continental Shelf, which is damaging in itself and may lead to future oil and gas development in some coastal areas.

Overall, this bill is very imbalanced. The bill provides $5.7 billion in tax incentives over 10 years for the fossil fuel industry and $1.5 billion in subsidies and tax breaks for the nuclear industry. Compare this to tax incentives for renewable electricity, alternative vehicles and fuels, energy efficiency, and energy conservation, which were cut from $11.4 billion in the Senate bill to $5.8 billion in the final bill.

With all of these bad provisions, I am pleased that a few good provisions survived, such as my amendment calling on the Federal Energy Regulatory Commission to conclude action on energy crisis refunds by the end of the year or report to Congress explaining what it has done and specifying a timetable for the rest of their process

I am also pleased that this energy bill will exempt California from the proposed new ethanol mandate during the summer months, when ethanol usage in gasoline can increase air pollution, and that it included my original proposal to encourage the production of ethanol from agricultural waste.

Republicans removed many provisions from the Senate bill that would have put us on a more energy-efficient path, and unfortunately we were left with a bill that does not offer the sound and innovative policies we need to reduce our dependence on foreign

oil, protect the environment, and improve our energy and fuel efficiency.