Floor Statements

Mr. President, I ask unanimous consent that there be a period for morning business within which Senators may be permitted to speak for up to 10 minutes each.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Monday, September 19, 2005, at 2:30 p.m. to hold a hearing on Nominations.

I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Mr. President, if the Senator will yield.

Mr. President, it is my understanding the Senate was to return to the consideration of H.R. 2862, the Commerce-Justice-Science appropriations bill at 3 o'clock.

Mr. President, I do not want to object to the Senator proceeding to discuss whatever she wants to discuss. I am happy for her to take whatever time she needs to talk about this issue that is of great concern to me, as well as to her.

Mr. President, I have no objection to the Senator having 5 minutes.

Mr. President, I am pleased the Senate is now able to return to the consideration of H.R. 2862, the Commerce-Justice-Science appropriations bill.

This is the third day of consideration of this important bill. Subcommittee Chairman Shelby and the distinguished Senator from Maryland, Ms. Mikulski, have made good progress in the handling of this bill. The bill reported by the committee will assure the funding of many programs and activities of the Federal Government that are under the jurisdiction of this subcommittee.

The allocation we made to this subcommittee enabled us to restore funding for State and local law enforcement grants, as well as have increased funding for programs of the National Oceanic and Atmospheric Administration. Because this bill is now at the upper limit of the subcommittee's allocation, any amendments adopted to the bill will require reductions below the level of funding in other programs.

Now is the time for Senators to come to the floor to discuss the bill or offer amendments. It is my understanding from the leader that any amendments requiring a rollcall vote will be voted on tomorrow. It is my hope we can complete action on this bill tomorrow. The end of the fiscal year is near. We have the responsibility to send this bill to conference as soon as we can.

To remind Senators of the importance of completing action on this bill, this committee is one of those committees that was newly created after the reorganization of the Appropriations Committee that was begun in the House of Representatives. We created this committee to manage the funding for the Departments of Commerce, Justice, the National Oceanic and Atmospheric Administration, the National Aeronautics and Space Administration, the National Science Foundation, and a number of independent agencies and commissions, including the Office of the U.S. Trade Representative, the Securities and Exchange Commission, the Small Business Administration, the Federal Trade Commission, and the Federal Communications Commission.

So all of the activities and programs and work of those agencies and departments are contained in this subcommittee's bill. It touches a wide range of interests and concerns, and it is very important for us to complete this bill as soon as we can so these agencies and departments can make their plans for activities that will be funded in this bill at the beginning of the next fiscal year. That next fiscal year starts October 1.

In September of every year, a lot of pressure is put on the appropriations process. In order for us to discharge our responsibility with the administration, sharing with the administration decisions about the emphasis that ought to be placed on programs and activities, we have an obligation to do our work and to do it in a timely fashion. That is why I come to the floor today with a sense of some urgency. I hope to communicate that to all of our colleagues in the Senate.

The House has completed action on most of its bills, and they are awaiting conference with the Senate to work out any differences or disagreements that we may have with the House on the appropriate levels of funding or the categories of interest in terms of their priorities over others in the Federal Government.

This is a day when any votes that are going to occur will occur late in the day. I understand we have a vote in the Senate at 6:30 this evening. So I hope Senators will undertake to come and present us with any suggestions they may have about changes in this bill or any disagreements in the policy reflected in the appropriations process in this bill so we can debate them and discuss them and make changes, if that is the will of the Senate, and then have an opportunity to negotiate those changes on behalf of the Senate with our colleagues from the other body.

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

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

Mr. President, on behalf of the distinguished chairman of the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Senate Appropriations Committee, Mr. Shelby, I am pleased to present to the Senate the appropriations bill written by the subcommittee for fiscal year 2006.

Senators Shelby and Mikulski have done an outstanding job producing this bill at a time when discretionary dollars are scarce. The subcommittee chairman and ranking member have had to make many difficult decisions on issues that were presented during the writing of this bill.

The consideration of the bill also comes at a time when we have witnessed a terrible tragedy in the gulf coast region of our Nation. The entire region, including specifically Alabama, Louisiana, Mississippi, and other areas have suffered serious damages, the loss of lives and livelihoods.

This bill provides funding for many Government functions and programs that are important to hurricane prediction, response, and recovery. Small Business Administration disaster loans, Economic Development Administration public works grants, and State and local law enforcement assistance grants are a few examples of programs contained in the bill that can help disaster victims in the short run.

We do need immediate assistance available, and these funds will become available at the beginning of the fiscal year, starting October 1.

The National Oceanic and Atmospheric Administration is a major agency involved in researching, forecasting, monitoring, and warning of hurricanes. Funding for that agency is included in this bill.

But this bill also reflects a commitment to responsibility in holding down the level of spending at a time when we see the Federal Government building up deficits that some worry threaten the economic livelihood and growth potential of our economy. So this is a lean bill. Senator Shelby and Senator Mikulski have had to refuse to include in the bill a lot of requested projects for funding. These are difficult decisions because the needs are real and many are very meritorious. But I think Senators will find this bill supports the functions and responsibilities of the agencies and the Departments that are funded in the bill. There are increases provided where those increases are necessary and important to include.

The bill is within the 302(b) allocation of the Budget Act, and the total amount recommended in the bill is $885 million above the fiscal year 2005 level. This is a 2-percent increase over last year's level of spending.

The bill includes an increase of over $1 billion above the President's budget request for the Department of Justice. This is primarily due to the restoration of the proposed cuts to State and local law enforcement grant programs. I am sure the funds will be helpful and important in the discharge of those responsibilities at the local level throughout the country.

The bill recommends nearly $7.2 billion for the Department of Commerce, including the National Oceanic and Atmospheric Administration and the National Institute of Standards Technology, which is an 8- percent increase over last year's level of funding. This part of the bill is particularly important because it provides funding for hurricane prediction and warning, including the National Data Buoy Center which provides data from the oceans to help assess the strength and speed of hurricanes.

The bill also provides funding for NASA, the National Aeronautics and Space Administration, to move forward with the exploration vision, while fully funding activities of the space shuttle and the International Space Station.

In the related agencies title of the bill, funding is included for the Securities and Exchange Commission and the Federal Communications Commission.

The bill also addresses very important needs that were brought to the attention of the committee during hearings by both the administration and other Senators. Overall, the subcommittee chairman and ranking member have crafted a bill that reflects the committee's and the Senate's priorities as well as those of the administration.

I hope Senators will support the bill. And we hope we can complete action on it today.

Mr. President, I yield the floor.

Mr. President, I am impressed with the comprehensive statement made by the distinguished Senator from Maryland, describing the provisions of this bill that have been prepared and are being presented today to the Senate by her subcommittee. Her comments and the tone that she has set reflects so well on the Senate. It also reflects a bipartisanship that is so important to the writing of this bill. This is not a Republican bill nor a Democratic bill. It is a bill that reflects a consensus of the members of the subcommittee and also respect for the requests being made by the administration for funding of these agencies and departments for the next fiscal year.

We have all had what some might say is a wake-up call about hurricane warnings, mobilization of State and local resources, and relocation of people who are threatened by the ravages of storms such as Katrina. This bill is designed to meet the challenge that is so fresh in our minds. It can be presented to Government officials, private individuals, and businesses as we seek to protect our families and our property and our lives from the threats hurricanes and other storms might pose. It also reflects, as the distinguished Senator pointed out, funding that provides the resources we need for law-and-order activities, crime prevention, and investigations to ensure we are doing what has to be done to protect the security of our country.

I know of no more important bill that will come before the Senate this year from our committee than the one being presented today by Senators Shelby and Mikulski. They have done a wonderful job working together. They have set an example by which we could all profit.

We need to act expeditiously on the bill, consider any amendments that any Senator has to add money or delete funding that is contained in the bill. We assure everyone that we want to act in a thoughtful way and one that will reflect credit on the Senate.

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

Mr. President, Senators are aware that the bill that has come over from the House carries additional appropriations for the Department of Homeland Security for disaster relief in the amount of $50 billion; and for the Department of Defense, $1.4 billion; and for the U.S. Army Corps of Engineers, $400 million.

The House has adopted this measure, and now we are hopeful the Senate will act tonight so these funds will be made available immediately to the agencies that are carrying out the disaster relief efforts in the States affected by Hurricane Katrina.

This is a destructive force of monumental proportions, the most widespread destruction in my State from any natural disaster in history. So the relief being provided now by the Federal Government agencies is very meaningful and deeply appreciated. So are the voluntary contributions that are being made by Americans who are freely, and in a heartfelt way, giving what they can to help those who are less fortunate.

Senators are volunteering personal assistance. The Senator from Illinois, Barack Obama, is organizing a team of doctors to come to Mississippi to provide emergency medical care for those who are still in need of that care. Medicines are being brought with those physicians to be administered to those who

need them. That is one example. There are many others.

Members of Congress are raising money on their own volition and then turning it over to the fund that has been started by Governor Haley Barbour in our State, to collect donations from people who want to help victims, to be used in humanitarian ways, to help people who are in a desperate situation, with no housing, no clothing, no food, many of whom are very poor.

So it is heartwarming to witness this. I express personally my appreciation for all of those who have acted so generously on behalf of the victims of this hurricane.

We have other Senators who have asked for time to speak on this measure tonight. I know the distinguished Senator from West Virginia has time reserved under the order and the understanding for proceeding on this bill. I am happy to yield the floor to him for any comments he would like to make at this time, if he chooses to speak.

Mr. President, I am deeply grateful to the distinguished Senator from West Virginia for his kind remarks and his cooperation and presentation of this bill and support of the first supplemental appropriations bill, as well as providing funding to try to help the disaster victims in my State and the other coastal States that were affected by this terrible tragedy.

I have admired my friend from West Virginia from the moment I came to the Senate. I respect his dedication to the Senate and his conscientious efforts to effectively represent the State of West Virginia in the U.S. Senate. I have learned a lot from him, and I continue to do so as time goes on.

One of the things that has not been as widely noted, I think, as should have been is the leadership provided in the gulf coast areas by the local elected leaders. The Governor of my State, Haley Barbour, has shown an enormous amount of skill, compassion, and determination to use all of the available resources of our State Government to aid the disaster victims, to get them to safety, to provide for them, to help in the debris removal, getting businesses started again and the schools going. It has been a challenge of enormous proportions.

I was able to visit with him and his team that he had assembled at the Mississippi Emergency Management Offices on Riverside Drive in Jackson, MS, on my first visit to the State after the hurricane, and I was very impressed by the dedication, the willingness to work, the voluntarism that was apparent on that occasion and to see the results that are being produced by the local leaders in my State to ensure the recovery from this disaster. So they are to be commended. We are going to continue to support them from the Federal level to the fullest extent of our capability and understanding of the needs and how we can best do it.

There are safeguards in this bill, Senators should know, to help protect against abuse. There are provisions in the bill requiring the Corps of Engineers, the Federal Emergency Management Agency to make weekly reports on the obligations of their funds. These can be monitored to ensure that they are consistent with the law and the needs of the people who have been affected by this disaster.

The Department of Defense is required to report within 5 days of any transfers of funds in this relief effort.

In the Federal Emergency Management Agency title, there is $50 billion; $15 million is for the inspector general to conduct audits, as authorized by law, to ensure that the funds are being disbursed as authorized by law and in accordance with the understanding of the needs of the people who are affected by this disaster.

We do not want waste. We do not want abuse of these programs. We want them to be administered with integrity and an adherence to the principles of law.

I want Senators to understand we are not taking this money and pouring it out on the ground. We are trying to devise ways to see that it gets to the people who need it, who are entitled to it under the provisions of the disaster legislation that we passed in earlier disasters.

Mr. President, I know other Senators have asked for recognition. I see my colleague on the floor, Senator Lott, who personally has suffered tremendous damage and loss of his home on the gulf coast, who has worked tirelessly--I have observed it--on the phones, traveling back and forth from the State, interacting with Members of the House to help shape this legislation so it provides meaningful relief not only for the victims in our State but throughout the gulf coast region.

I commend him and salute him and want him to know we are standing with him and trying to provide all the support and assistance we know how to provide to help overcome the ravages of this hurricane.

Mr. President, it is appropriate for the Senator from Mississippi to speak. It is appropriate to yield to other Senators, but they are not here at this time.

Mr. President, under the order, there was 30 minutes reserved for the distinguished Senator from Oklahoma. All of the time on our side on this bill has been used. His is the only time available on our side.

Mr. President, I ask for the yeas and nays on passage of the bill.

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

Mr. President, I move to reconsider the vote by which the bill was passed.

Mr. President, I thank the distinguished Senator from West Virginia for his cooperation in the development and presentation of this bill to the Senate. I also especially thank the Congressman from California, Jerry Lewis, chairman of the House Appropriations Committee, and his colleagues on that committee, both Democrat and Republican, who helped get that bill passed today in the House of Representatives. We appreciate the prompt action on the President's request. We thank all Senators for their cooperation in agreeing to the expedited procedure for consideration of the bill today and passing the bill. This will get needed relief to the disaster victims in coastal States of Mississippi, Louisiana, Alabama, the Gulf Coast, and others who have been injured and victimized by this disaster. We thank the leadership for scheduling the bill and for supporting our efforts to get the bill done today.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on September 8, 2005, at 10 a.m., to conduct a hearing on ``Examining the Commodity Futures Modernization Act of 2000 and recent market.''

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, September 8, 2005, at 2 p.m., to hold a hearing on Nominations.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to hold a hearing during the session of the Senate on Thursday, September 8, 2005 at 10 a.m., in SD-106.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions meet in executive session during the session of the Senate on Thursday, September 8, 2005 at 3 p.m. in SD-106.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, September 8, 2005 at 9:30 a.m. in Senate Dirksen Office Building Room 226.

Agenda

I. Nominations: Kenneth L. Wainstein to be United States Attorney for the District of Columbia.

II. Bills: S. 1088--Streamlined Procedures Act of 2005, Kyl, Cornyn, Grassley, Hatch; S. 1197--Violence Against Women Act of 2005, Biden, Hatch, Specter, Leahy, DeWine, Kohl, Grassley, Kennedy, Schumer, Durbin, Feinstein; S. , Personal Data Privacy and Security Act of 2005, Specter, Leahy, Feingold; S. 751--Notification of Risk to Personal Data Act, Feinstein, Kyl; S. 1326--Notification of Risk to Personal Data Act, Sessions; S. 155--Gang Prevention and Effective Deterrence Act of 2005, Feinstein, Hatch, Grassley, Cornyn, Kyl, Specter; S. 1086--A Bill to Improve the National Program to Register and Monitor Individuals Who Commit Crimes Against Children or Sex Offenses, Hatch, Biden, Schumer; S. 596--Jetseta Gage Prevention and Deterrence of Crimes Against Children Act of 2005, Grassley, Kyl, Cornyn.

Mr. President, I ask unanimous consent that the following staff members be granted the privilege of the floor during the consideration of H.R. 2862, the Commerce-Justice-Science appropriations bill: Jill Shapiro Long, Allen Cutler, and Gabrielle Batkin.

Mr. President, I also ask unanimous consent that Art Cameron, who is detailed to our Appropriations Committee staff from the Treasury Department, and Kate Fitzpatrick be granted the privilege of the floor during the consideration of H.R. 2862, the Commerce-Justice- Science appropriations bill.

Mr. President, let me first of all thank the majority leader, who is now presiding over the Senate, for responding so quickly to the request of the President for a supplemental appropriations bill providing needed funds to the Federal Emergency Management Administration and to the Department of Defense to carry on the disaster relief efforts that they have begun in the States that were so seriously affected by Hurricane Katrina.

The President has submitted a letter describing the reasons for the request for this appropriations bill. Rather than reading the entire letter, which has been made available to everyone--the letter is actually addressed to the Speaker of the House--I will just read the first two paragraphs:

As I informed the Nation yesterday, we are dealing with one

of the worst natural disasters in our country's history.

Residents of the Gulf Coast states affected by the hurricane

have lost loved ones, have lost homes, and have been

displaced from their communities. My Administration is

committed to ensuring that they will have the full support of

the Federal Government.

Due to the catastrophic nature of Hurricane Katrina, I am

asking the Congress to consider expeditiously the enclosed

request totaling $10.5 billion, for an emergency FY 2005

supplemental appropriation for the Departments of Homeland

Security and Defense. These funds will ensure that Federal

response and recovery efforts continue uninterrupted.

Mr. President, I ask unanimous consent that the letter from the President be printed in full in the Record.

Mr. President, the letter also contains a copy of a letter to the President from the Director of the Office of Management and Budget, Joshua B. Bolton. In this letter, he delineates specifically where the funds are needed, when they will be exhausted under current authority, and why this emergency appropriation is needed so that we can continue the aggressive disaster relief efforts in the coming weeks. And then he suggests:

I anticipate recommending to you an additional request in

the coming weeks to provide for a comprehensive response to

this hurricane, once reliable estimates can be developed that

recognize the extent of this disaster.

This request fulfills known and urgent requirements that

cannot reasonably be met under the current [fiscal year] 2005

funding levels. I recommend that you designate the proposal

contained in this transmittal as an emergency requirement.

I ask unanimous consent that the complete text of the letter from the Director of the Office of Management and Budget to the President be printed in the Record.

Mr. President, in response to this request, the House of Representatives, I am advised, will be prepared to adopt a bill making emergency supplemental appropriations to

meet immediate needs arising from the consequences of Hurricane Katrina for the fiscal year ending September 30, 2005. And the text of the bill is that it:

Be enacted by the Senate and the House of Representatives

of the United States of America in Congress assembled, that

the following sums are appropriated out of any money in the

Treasury not otherwise appropriated for the fiscal year

ending September 30, 2005, namely the Department of Homeland

Security:

For an additional amount for ``Disaster Relief'',

$10,000,000,000, to remain available until expended . . .

And then a provision, provided $500 million to the Department of Defense:

. . . for emergency hurricane expenses, to support costs of

evacuation, emergency repairs, deployment of personnel, and

other costs resulting from immediate relief efforts, to

remain available until September 30, 2006.

I ask unanimous consent that a copy of that bill, which we are advised will be adopted by the House of Representatives, be printed in the Record.

Mr. President, I commend the majority leader, with the concurrence and support of the minority leader, for calling the Senate into session tonight under these emergency conditions, to approve as if passed by the House, and when passed by the House and it is received here in the Senate, an emergency supplemental appropriations bill to fund disaster relief efforts.

These efforts are ongoing. We have all had an opportunity to see on television sets and to hear and read newspaper accounts of the work that has been going on the last several days. I had the opportunity to travel to my State of Mississippi yesterday and spent the day touring the ravaged areas along the Mississippi Gulf Coast and then traveled to Jackson, the Capitol of the State, where I was able to meet with Governor Haley Barbour and his disaster assistance team that he had assembled and was supervising in their efforts to make all of the resources of our State government available to disaster victims and to help them in the effort to recover from this terrible hurricane.

I have never seen any storm inflict such great damage as I saw yesterday. I was on the Gulf Coast immediately following Hurricane Camille in 1969. I was a practicing lawyer at the time. We were trying to help one of our clients ensure that the employees of their company, Standard Oil Company refinery, were able to present their claims to their insurance companies and otherwise be compensated, as they were entitled to under their policies, for the damages sustained throughout the area where those employees were living along the Gulf Coast. That was the worst storm that anybody in my age group had ever heard of, before or since--until Hurricane Katrina.

I can tell you, looking along the coastline, flying in a Mississippi National Guard helicopter, the whole coastline, the whole coastal area of the State has been virtually destroyed. There are a few buildings that are left standing--a few. Those may not be habitable, and the businesses that they house may not be able to continue to function until extensive repairs are made on those buildings, so it is virtually all a total loss for blocks and blocks beyond the beach area.

Everything was quiet. There was nobody moving around; it wasn't until today that many people could have access to the areas where those houses once stood. It was quiet. It was eerie. It was a horrible sight to behold. I don't know of anything that has depressed me more than seeing what I saw yesterday in my State of Mississippi.

So I am confident the Senate will continue to follow the progress of the disaster assistance effort to be sure that we make available to all Federal agencies and departments the funds they need to do the job to help in the recovery efforts in Mississippi and in Alabama and Louisiana and in the other States. There have been damages in Florida and Georgia and Texas as well.

The primary use of the funds that we give to the Department of Homeland Security, as requested by the President, will be used to reimburse Federal agencies for providing the relief effort that we have come to appreciate. The Coast Guard, Army Corps of Engineers, Health and Human Services Department, Housing and Urban Development--all are able to share in these funds that will be disbursed to reimburse those departments for participating in the disaster relief effort. So it is not only this one agency but others that will be sustained and assisted as they continue to work in this effort.

The President has appointed this task force as we all know now: Secretary of Homeland Security Michael Chertoff is chairing the task force on Hurricane Katrina; Mike Brown, the Director of FEMA, has been on the ground since the very beginning of this effort, coordinating the activities on the ground. Fifty-two counties in Mississippi have been identified as eligible for disaster declarations; thirty-two parishes in Louisiana; six counties in Alabama. The three Governors of those States have requested that the President waive cost-share requirements because of the expensive nature of these expenses for emergency response activities, and the President has granted this waiver.

I ask unanimous consent that a description of the challenges and accomplishments of this disaster relief effort be printed in the Record.

Mr. President, at this point, I ask unanimous consent that notwithstanding the recess or adjournment of the Senate, the Senate may receive from the House an emergency supplemental appropriations bill for relief of the victims of Hurricane Katrina, the text of which is at the desk, and that the measure be considered read three times and passed and a motion to reconsider laid on the table; provided that the text of the House bill is identical to that which is at the desk.

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

Mr. President, will the Senator withhold?

Mr. President, I ask unanimous consent that the order with respect to the Legislative Branch appropriations bill be reinstated with the time limited to 10 minutes equally divided between both sides.

I suggest the absence of a quorum.