George Allen

Mr. ALLEN

Mr. ALLEN. Mr. President, I ask unanimous consent that the resolution be agreed to, the motion to reconsider be laid upon the table, and that any statements relating to this matter be printed in the Record.

Mr. ALLEN

Mr. ALLEN. Finally, Mr. President, I ask unanimous consent that the Senate agree to the request of the House regarding the papers relating to S. 1301.

Mr. ALLEN

Mr. ALLEN. Mr. President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to meet on Wednesday, November 17, 2004 at 2:30 p.m. to conduct a business meeting regarding various projects included in GSA's fiscal year 2005 Capital Investment and Leasing Program, to authorize various courthouse construction projects, and to consider Army Corps of Engineers study resolutions. The meeting will be held in SD 406.

Mr. ALLEN. Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Wednesday, November 17, 2004, at 3 p.m. in Room 216 of the Hart Senate Office Building to conduct a business meeting on pending Committee matters, to be followed immediately by an oversight hearing on the In Re Tribal Lobbying Matters, et al.

Mr. ALLEN. Mr. President, I ask unanimous consent that the Subcommittee on Science, Technology, and Space be authorized to meet on Wednesday, November 17, 2004, at 2 p.m. on Prenatal Genetic Testing Technology.

Mr. ALLEN

Mr. ALLEN. Mr. President, I am honored today to recognize the Emergency Medical Services, EMS, Police and Fire Departments of Chesterfield County. It is through their brave and steadfast actions during the floods of Tropical Storm Gaston that the lives of many Virginians were saved. Throughout the evening and overnight hours on Monday, August 30, 2004, the remnants of Tropical Storm Gaston entered the Central Virginia area. Although the weather forecasts called for 1-3 inches of rain, Chesterfield County residents found themselves under as much as 10 inches of rain in some areas that night. As a result, numerous roads began to flood and several swift-water rescues had to be made in the complete darkness. These rescues tested the knowledge, skills and abilities of the members of Chesterfield Fire, Police and EMS; their heroic actions under the extreme pressures they faced that night saved many members of their community from life-threatening conditions. Today, I commend: David A. Stone, James B. Anderson, Richard A. Holmes, Daniel Juan Robertson, Jim Fitch, Stuart Smith, Curtis Sink, Steve Stump, Mike Larkin, William Smith, Steve Traylor, Chris Harrell, Bill Jeffords, Mark Berry, Frank Blankenship, Brian Riffe, Jack Speed, Roger Warden, Bryce Ford, Brook Keenum, Rick Bucher, Jim Stanley and the many other rescuers from Chesterfield County who saved so many lives at their own peril on that fateful night. I am pleased to recognize the selfless actions of these tremendous men and women, which demonstrate the incredible dedication, determination and courage they have in serving their community. Virginia should be proud of the brave work undertaken by the rescue workers in Chesterfield County. Their community is a better and safer place because of the job they did that night and each and every day.

Mr. ALLEN

Mr. ALLEN. Mr. President, I am very pleased today to recognize the 2004 McLean Girls Little League Softball team for their hard work and determination in representing both Virginia and the South in the 2004 Girls Little League World Series tournament. These young athletes, under the strong coaching of Jamie Loving, devoted a tremendous amount of time and energy in their efforts to make it to the World Series tournament in Portland, Oregon. Throughout their season, they showed courage and fortitude in winning the State competition with a record of 5-1 and the regional competition with a perfect record of 5-0. The team then went on to compete in the World Series tournament against teams across the United States, Canada, the Philippines, Europe and Puerto Rico. This is a great accomplishment for these Virginia girls, especially since this is the first time in the history of the tournament that a team from Virginia has made it to the World Series. I would like to congratulate each of the members of the McLean Girls Little League Softball team: Brooke Brown, Sarah Eidt, Michelle Tilson, Lauren Sanata, Megan Sullivan, Brittany McCray, Lauren Sutherland, Madeleine Giaquinto, Adrianne Engel, Jamie Bell, Kukana Ho'opi'i, Shannon Engel, Lauren McColgan, Rachel Ing and their coaches, Jamie Loving, Darrell Tilson and Kurt Brown. As a former student-athlete, I understand the impact that athletics play in the development of an individual's character and life. Sports teach us important lessons of self-discipline, perseverance, teamwork, sportsmanship and self-confidence. The benefits of participating in athletics can prove valuable in the daily lives of student-athletes whether at school or at work in their communities. I wish all of the members of the team and their coaches continued success in the future. Keep Winning.

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise to bring the Senate's attention to a bill I introduced today, the Long-Term Care Act of 2004. Baby boomers will begin to turn 65 years old in 2010 and by 2030, all 77 million baby boomers will have reached retirement age and the over 65 population will have doubled. The practicality of these conditions will require the Federal Government and most State governments to spend more money on health care. Presently, Federal and State governments are spending billions of dollars to ensure the health and well being of our fellow citizens. In one sector of the health care arena where costs are dramatically rising is in the area of long-term care. In 2000, spending on long-term care was estimated at $123.1 billion and it is expected to triple to $346.1 billion by 2040. Currently, 70 percent of long-term care costs are spent on nursing home care. The average cost of nursing home care is $178 per day or $60,000 per year. That is a significant burden on Federal and State governments as well as the thousands of individuals who pay for that care out of pocket. In addition, almost 75 percent of nursing home care is publicly funded. Medicaid spends about 58.7 percent on long-term care while Medicare spends 14.7 percent. According to the Council for Affordable Health Insurance, by the year 2030, Medicaid's nursing home expenditures are expected to reach $130 billion a year. If more people purchased private long-term care insurance, we could reduce Medicaid's future institutional-care expenses by more than $40 billion each year, while giving those who are insured alternatives to nursing homes: including home care, adult day care, foster care and assisted living. Congress has taken steps to give individuals more power to pay for their health care services such as long-term care. One such outstanding measure was the creation of Health Savings Accounts (HSAs). Last year, I was pleased to support the passage of the Medicare Modernization Act. This landmark legislation created Health Savings Accounts, which are a new way that people can pay for unreimbursed medical expenses such as deductibles, co-payments, and services not covered by insurance like long-term care. Eligible individuals can establish and fund these accounts when they have a qualifying high deductible health plan and no other health plan, with some exceptions. The beauty of these plans is that they have tax advantages such as deductible contributions; tax-exempt withdrawals if the individual uses the money for medical expenses; and tax-exempt account earnings. I am confident that with the creation of Health Savings Accounts, individuals and families will be encouraged to set money aside for their health care expenses and give individuals the means to pay for health care services of their own choosing, without being constrained by insurers or employers. Unfortunately, Health Savings Accounts are relatively new and most individuals will not have the built up funds in their HSA to pay for a number of costly health care expenses such as long-term care insurance and that is why we need to provide other options to help pay for this important investment. Currently, thousands of Virginians and millions of Americans are saving in their retirement plans to have a comfortable life once they become seniors, be it IRA, 401(k), and 403(b) accounts. These savings plans help prepare individuals for their future retirement or any unforeseen circumstance that may arise. Indeed, over 43 million Americans own IRAs with total savings of $2.5 trillion, while more than 47 million Americans have 401(k) accounts with $1.8 trillion saved. In addition, 6.4 million Americans have 403(b) accounts, amounting to over $590 billion saved. These are untapped funds that individuals should be allowed to use to help pay for their future health care needs. Current tax law and some retirement plans allow individuals, in extreme circumstances, to withdraw funds from their retirement accounts, but more often than not, a 10 percent excise tax applies for early withdrawal. In my opinion, that tax precludes the ability or desirability of individuals to provide for their and their families well-being and that is why I have introduced legislation to provide a new health care option to help address this unfortunate circumstance. My legislation, the Long-Term Care Act of 2004 will allow individuals to use their IRAs, 401(k), and 403(b) plans to purchase long-term care insurance with pretax dollars at any age and without early withdrawal penalty. Under the Long-Term Care Act, the consumer has the option to purchase long-term care insurance at the most appropriate amounts for their own needs and their spouses. Today, only six percent of Americans own a long-term care policy. One of the reasons behind this dismally low figure is that individuals wait too long to purchase long-term care insurance. In fact, purchasing long-term care insurance at age 65 is about twice expensive as purchasing it age 55. That is why we must encourage individuals to plan for their future health care needs and purchase long-term care insurance at an early age. By purchasing long-term care insurance at a younger age, individuals will be saving money in the long run and not depleting their life savings. Our country is heading towards a demographic melt down on long-term care costs. It is simply unsustainable for individuals and the government to maintain the current rate of spending without further endangering the state of health care in the United States. Preparing for future costs of health care is something that every American should be doing. Long-term care insurance is one way for Americans to plan for periods of extended disability without burdening their families, going bankrupt or relying on government assistance. Every American should be preparing for future health care costs and it is important that we encourage people to take responsibility today for those costs, be it with the purchase of long-term care insurance or investment in a Health Savings Account. If Virginians and Americans fail to act, it will result in an increased and unsustainable financial burden on the Federal Government and taxpayers. My legislation, the Long-Term Care Act of 2004, is a commonsense approach that will encourage individuals to plan for their future health care needs and help make long-term care insurance more affordable. While this may not be the solution for some people, it is another option for the millions of Virginians and Americans to help provide for their health and well-being or the health and well-being of loved ones. I look forward to the Senate's action on this legislation early on in the 109th Congress because it not only encourages Americans to plan for their future health needs but will also help sustain the viability of our Nation's health care system.

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise to bring the Senate's attention to a bill I introduced today, the Long-Term Care Act of 2004. Baby boomers will begin to turn 65 years old in 2010 and by 2030, all 77 million baby boomers will have reached retirement age and the over 65 population will have doubled. The practicality of these conditions will require the Federal Government and most State governments to spend more money on health care. Presently, Federal and State governments are spending billions of dollars to ensure the health and well being of our fellow citizens. In one sector of the health care arena where costs are dramatically rising is in the area of long-term care. In 2000, spending on long-term care was estimated at $123.1 billion and it is expected to triple to $346.1 billion by 2040. Currently, 70 percent of long-term care costs are spent on nursing home care. The average cost of nursing home care is $178 per day or $60,000 per year. That is a significant burden on Federal and State governments as well as the thousands of individuals who pay for that care out of pocket. In addition, almost 75 percent of nursing home care is publicly funded. Medicaid spends about 58.7 percent on long-term care while Medicare spends 14.7 percent. According to the Council for Affordable Health Insurance, by the year 2030, Medicaid's nursing home expenditures are expected to reach $130 billion a year. If more people purchased private long-term care insurance, we could reduce Medicaid's future institutional-care expenses by more than $40 billion each year, while giving those who are insured alternatives to nursing homes: including home care, adult day care, foster care and assisted living. Congress has taken steps to give individuals more power to pay for their health care services such as long-term care. One such outstanding measure was the creation of Health Savings Accounts (HSAs). Last year, I was pleased to support the passage of the Medicare Modernization Act. This landmark legislation created Health Savings Accounts, which are a new way that people can pay for unreimbursed medical expenses such as deductibles, co-payments, and services not covered by insurance like long-term care. Eligible individuals can establish and fund these accounts when they have a qualifying high deductible health plan and no other health plan, with some exceptions. The beauty of these plans is that they have tax advantages such as deductible contributions; tax-exempt withdrawals if the individual uses the money for medical expenses; and tax-exempt account earnings. I am confident that with the creation of Health Savings Accounts, individuals and families will be encouraged to set money aside for their health care expenses and give individuals the means to pay for health care services of their own choosing, without being constrained by insurers or employers. Unfortunately, Health Savings Accounts are relatively new and most individuals will not have the built up funds in their HSA to pay for a number of costly health care expenses such as long-term care insurance and that is why we need to provide other options to help pay for this important investment. Currently, thousands of Virginians and millions of Americans are saving in their retirement plans to have a comfortable life once they become seniors, be it IRA, 401(k), and 403(b) accounts. These savings plans help prepare individuals for their future retirement or any unforeseen circumstance that may arise. Indeed, over 43 million Americans own IRAs with total savings of $2.5 trillion, while more than 47 million Americans have 401(k) accounts with $1.8 trillion saved. In addition, 6.4 million Americans have 403(b) accounts, amounting to over $590 billion saved. These are untapped funds that individuals should be allowed to use to help pay for their future health care needs. Current tax law and some retirement plans allow individuals, in extreme circumstances, to withdraw funds from their retirement accounts, but more often than not, a 10 percent excise tax applies for early withdrawal. In my opinion, that tax precludes the ability or desirability of individuals to provide for their and their families well-being and that is why I have introduced legislation to provide a new health care option to help address this unfortunate circumstance. My legislation, the Long-Term Care Act of 2004 will allow individuals to use their IRAs, 401(k), and 403(b) plans to purchase long-term care insurance with pretax dollars at any age and without early withdrawal penalty. Under the Long-Term Care Act, the consumer has the option to purchase long-term care insurance at the most appropriate amounts for their own needs and their spouses. Today, only six percent of Americans own a long-term care policy. One of the reasons behind this dismally low figure is that individuals wait too long to purchase long-term care insurance. In fact, purchasing long-term care insurance at age 65 is about twice expensive as purchasing it age 55. That is why we must encourage individuals to plan for their future health care needs and purchase long-term care insurance at an early age. By purchasing long-term care insurance at a younger age, individuals will be saving money in the long run and not depleting their life savings. Our country is heading towards a demographic melt down on long-term care costs. It is simply unsustainable for individuals and the government to maintain the current rate of spending without further endangering the state of health care in the United States. Preparing for future costs of health care is something that every American should be doing. Long-term care insurance is one way for Americans to plan for periods of extended disability without burdening their families, going bankrupt or relying on government assistance. Every American should be preparing for future health care costs and it is important that we encourage people to take responsibility today for those costs, be it with the purchase of long-term care insurance or investment in a Health Savings Account. If Virginians and Americans fail to act, it will result in an increased and unsustainable financial burden on the Federal Government and taxpayers. My legislation, the Long-Term Care Act of 2004, is a commonsense approach that will encourage individuals to plan for their future health care needs and help make long-term care insurance more affordable. While this may not be the solution for some people, it is another option for the millions of Virginians and Americans to help provide for their health and well-being or the health and well-being of loved ones. I look forward to the Senate's action on this legislation early on in the 109th Congress because it not only encourages Americans to plan for their future health needs but will also help sustain the viability of our Nation's health care system.

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise today to speak in support of an anti-lynching resolution that Ms. Landrieu and I are submitting. Like all of my colleagues, I am proud to be a member of this Chamber, not for its grandeur, but because of the grand ideas it represents. It is here, on these same small desks where big ideas have been debated and argued through the course of our history for the greater good of our Nation. It is here in this Chamber, on this floor, where our Democracy reaches consensus from what our Founding Fathers called, the ``Will of the People.'' In the history of this Chamber, there have been many great minds and defenders of Freedom. One of those whose words still reverberate here today is Daniel Webster. Standing in the old Senate Chamber, Webster told his colleagues in 1834 that a ``representative of the people is a sentinel on the watch tower of liberty.'' I know that Webster was right. I believe throughout our history, the United States Senate has been a watchtower on Liberty. It has been venerated as the World's greatest deliberative body. The formidable British Member of Parliament, William Gladstone called the American Senate, ``that remarkable body, the most remarkable of all the inventions of modern politics.'' But unfortunately, this august body has a dark stain on its history. A stain that was borne of hatred, racism, and the blood of mostly African Americans who died from a noose, from flogging, from a torch, from the evil heart of men. I rise today to offer a formal and heartfelt apology to all the victims of lynchings in our history--black, white, Jewish, Indian, Hispanic and Asian and the failure of the U.S. Senate to take action when action was most deserved. The term ``lynching'' has its roots in my own beloved Commonwealth. Charles Lynch, a Virginia planter during the Revolutionary War meted out his own form of justice without a court. In Bedford County, Lynch persecuted Tories and Tory sympathizers without trial. Soon, others who desired to thwart the rule of law and to trample on the rights of the accused used ``lynchings'' against the innocent or lightly accused. This body stood by as these vile killings captivated front-page headlines, drew crowds with morbid curiosity and left thousands of mostly African Americans hanging from trees or bleeding to death from the lashings of whips. This body failed to act and in not acting, failed to protect the Liberty of which Webster spoke. According to the archives of Tuskegee Institute, 4,749 Americans died by lynching starting in 1882. Two-thirds of these lynchings were perpetrated against black men, women, and children. Many were not lone acts by a few white men, but angry mobs whipped into frenzies by skewed mentalities of right and wrong. One of those who suffered this awful fate was an African American named Zachariah Walker of Coatesville, VA. In 1911, Walker was dragged from a hospital bed where he was recovering from a gunshot wound. Accused of killing a white man--which he claimed was in self-defense-- Walker was burned alive at the stake without a trial. Such horrendous acts were not a regional phenomenon. Yes, it is true that most lynchings took place in Southern States. But, Illinois, Ohio, Michigan and even this city of Washington, D.C. experienced mob violence, making lynching not just a regional problem, but a national crime. Yet, despite the national scope of these acts, the U.S. Senate failed to pass one of the estimated 200 anti-lynching bills introduced in Congress in the first half of the Twentieth Century. Three strong pieces of legislation were passed by the other body, but faced filibusters and failures to reach cloture on this Senate floor. In the winter of 1937-38, one grisly lynching captivated this body's attention. The crime had happened in Mississippi the previous April. Two African Americans were taken from a jail. They were whipped and torched. Senator Champ Clark of Missouri posted photographs of the brutality back here in the cloakroom. For six weeks, this body debated. For six weeks! In the end, those in favor of an anti-lynching bill failed to enact cloture over the filibustering of others. Historians will no doubt disagree as to a single reason that U.S. Senators blocked legislation to make lynching a federal crime. My desire here is not to get into motivations. Regardless of their reasoning, our reason tells us that it was wrong and it is time to right it. Thankfully, justice in our Nation has moved forward and left such despicable acts to history. But, this story can never be complete without an acknowledgement from this body that it failed to protect individual freedoms and rights. It ignored the protection our Founding Fathers extended to those accused of crimes and the bedrock foundation of our system of justice that everyone is innocent until proven guilty. And, it turned its back on the most helpless in our society at a time when the weak needed protection. I stand here today as a proud Senator from a Southern State. I look around this chamber and know of its abundance of honor and integrity throughout its history. Yet, we have not been perfect, especially on this issue. We failed our American ideals and we failed our citizens. As Ephesians teaches us, ``all things that are reproved are made manifest by the light.'' My fellow Senators, this apology is too long in coming. I respectfully urge all of us to reprove this omission of history as a strong step never to be repeated in our future.

Mr. ALLEN

Mr. ALLEN. Madam President, I rise today to honor the birth of one of Virginia's and America's true citizen soldiers, statesmen, and most importantly jurists, the former Chief Justice of the United States Supreme Court, John Marshall. John Marshall's legacy as a Federalist is truly remarkable, but what many people fail to address is his true love for a young America and the desire to see our country succeed and persevere for generations to come. A native Virginian, from Germantown, he grew up with his parents Thomas and Mary Randolph Keith. His devotion to our Nation was ever present when the Revolutionary War began with the firing of the historic shots at Lexington and Concord. Like so many of his great countrymen, Marshall did not waver in spirit or succumb to fear; Marshall picked up arms against the tyrannical oppressive British Crown and defended the freedom and liberty that he envisioned for Virginians and other colonies. At the young age of 20, Marshall joined the Culpeper Minute Men. He was chosen a lieutenant. Marshall proceeded to nobly fight in the battle of Great Bridge. In fact, while enduring the cold winter at Valley Forge, Marshall was General George Washington's chief legal officer and by the end of his military service, John Marshall was a brigadier general for the Second Brigade in the Virginia Militia. After his valiant war service, Marshall returned to Virginia to study law under George Wythe at the College of William and Mary. He was admitted to Phi Beta Kappa and the Virginia Bar. Marshall's desire to practice in the courts and the Court of Appeals led him to the great capital city of Richmond. It is in Richmond where Marshall's political and judicial life began to flourish. John Marshall became one of the leading attorneys defending Virginians in the United States District Court of Virginia, and as a consequence, he was selected to be the lead counsel in arguing the landmark case, Ware v. Hylton, in the 1796 term of the United States Supreme Court. This case would be the only case that John Marshall would argue before the Nation's highest court. John Marshall lost this case when the Court held that a treaty between the United States and Great Britain terminating the war requiring Americans to pay the debts they owed to British creditors not in State currency, but in the equivalent of gold. Like his legal career, Marshall saw success in politics. He held legislative office as a member of the Virginia House of Delegates, a member of the Governor's Council of State, and finally as a member of the United States House of Representatives. But one of his most important, but overlooked roles is his election to the Virginia convention that ratified the Federal Constitution. Marshall rose and delivered a very poignant speech on the role of the judiciary. This speech dispelled many of the fears of a Federal court system and truly defined his views on the proper function of government. However, John Marshall was not a boisterous individual. He refused many attempts by President Adams to appoint him to Federal office. But he accepted and served as a diplomatic envoy to France for President Adams as well as Adams' Secretary of State. It was with his dedicated service as Secretary of State that led President Adams to appoint Marshall to the United States Supreme Court, where his legacy would endure. We all know the landmark cases that John Marshall decided. From McCulloch v. Maryland to Gibbons v. Ogden, Marshall's contribution to the American judiciary system is ever present. But the case that truly enshrines his legacy is his ruling in Marbury v. Madison. In fact, what made this more impressive was that Marbury was the first case that the Supreme Court and John Marshall heard after Marshall became Chief Justice of the United States. Marshall's ruling in Marbury v. Madison has defined the role of the Supreme Court and its pivotal place in our system of checks and balances. Although the decision limited the power of the Supreme Court, it also served to establish the Court's authority to review the constitutionality of acts of Congress. The doctrine of judicial review became a fundamental principle of Constitutional law. While I am a Jeffersonian who wishes to limit the reach and meddling of the Federal Government into the rights and prerogatives of the people and the States, I do believe these foundational Constitutional questions, debates, and decisions are noteworthy for the education of our present leaders and students. Such attention to historic figures such as John Marshall will help our young people better understand what it means to be an American. It is with great honor that I stand here today and celebrate the birthday of one of our great citizen soldiers, statesmen, and Chief Justices. We should celebrate John Marshall's contribution to our country. His steadfast commitment to federalism helped define the role of the courts and may have ultimately preserved the delicate equilibrium of our Government. But what trumped his loyalty to the federalist way of life, was his love for his Nation and his desire to see America flourish into the great country that it is today. I would like to take this opportunity to wish a happy 249th birthday to Chief Justice John Marshall, and I look forward to the festivities that are being planned to honor Chief Justice Marshall's 250th birthday next year.

Mr. ALLEN

Mr. ALLEN. Mr. President, I ask the Senator, does the amendment apply to any existing contract at the Department of Homeland Security?

Mr. ALLEN. I thank the Senator. Does that mean that the Senator's amendment will not prohibit any task order, change order or extension issued in connection with an existing contract awarded prior to the ate of enactment?

Mr. ALLEN. I thank the Senator. So this amendment will not impact task orders issued under the US VISIT contract awarded to Accenture and the Smart Border Alliance?

Mr. ALLEN

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

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise this afternoon to offer my thoughts on the eve of the third anniversary of the September 11, 2001, terrorist attacks. Rather than show divisiveness and criticism, or talk about politics, I think it is important to reflect on how much that tragedy has changed our lives and challenged all of us--not just Republicans, not just Democrats, but all Americans--to do all that we can to protect all that is good and wholesome about America. Tomorrow, Saturday, American families will be doing what they have done for generations in the early fall. In Charlottesville, the University of Virginia will be hosting the Tar Heels from North Carolina; in Columbia, SC, the University of Georgia football team will be playing the Gamecocks of South Carolina; in Richmond, Saturday night, there will be more than 100,000 fans there for the big NASCAR race; at the wonderful and traditional Wrigley Field in Chicago, the Cubs will be playing the Florida Marlins; and families, in the afternoon, will be having cookouts in their backyards; others will be gathered as a family at their dinner tables. During all of these wonderful, truly American events, we will all pause to remember a day when such innocence was shattered by the vile, hate-filled attacks on our homeland that manifested themselves so viciously in New York City, at the Pentagon in Arlington, VA, and in Somerset County, PA. We will remember the loss of 3,000 Americans that day, and we will pray for their souls and certainly pray for their families. We will remember friends and we will remember neighbors lost on that day. At all of those sporting events, when the National Anthem is sung, I venture to guess that song will be sung with greater vigor, more loudly, and with greater patriotism than one would normally hear. When they conclude those final lines talking about how we are the ``land of the free,'' and because we are the ``home of the brave,'' we will be thinking of our troops who are serving and protecting us in precarious positions in Afghanistan, Iraq, and prosecuting the war on terrorism. In some ways, September 11, 2001, seems a long time ago. Yet we have done so much in only a few years, and we will continue to do so in the future, to prevent such attacks on America. Our focus in Government and our private lives has obviously profoundly changed. We see it with our fortified airports, greater protection in our public buildings, our shipping ports, and even cyberspace. We have strengthened and updated law enforcement capabilities and intelligence, and our work on the Senate floor in the next few weeks will further enhance those efforts with meaningful improvements and the use of innovations of technology to better gather and analyze counterterrorism information. We have been more vigilant in watching enemies and threats at home and abroad. We have intercepted financial assistance to terrorists. Yes, through it all, the fabric of our Nation has become stronger and more appreciated as we face these unprecedented challenges. Our resolve and our focus is more clear. Our determination to protect freedoms here and around the world is greater than ever before. We are so appreciative of the men and women in uniform who are protecting us, whether in Afghanistan or Iraq or on ships around the world. For our security, they are taking the offensive to the terrorists overseas. We are grateful for those who are active or maybe in the Guard or in the Reserves, or their employers here at home. Of course, we are so grateful to their families who have sent their sons and daughters, their loved ones and their friends overseas to protect us. Our economic ingenuity, our competitiveness, our strength is being rekindled and reignited by free people and free enterprise. In many ways, those who brought us harm on September 11 surely miscalculated the character of the American people. We are a Nation of bravery and heroism. I will never forget the stories about the first responders in New York City going into the Trade Centers, breathing their last breaths of life trying to save a few more innocent victims. The same with the Pentagon. The responders came in not only from Arlington but all over northern Virginia, from Maryland, and even some from the District of Columbia, rushing into acrid, toxic air, trying to save those who had been hit, whether on the plane, but mostly those who were the surviving or people working at the Pentagon. These people ignored their personal safety. They rushed into harm's way to help their fellow Americans on that day. Yesterday, I was at the Pentagon. In fact, I went in through the side of the Pentagon where American Airlines Flight 77 crashed into it. It is all rebuilt. It is strong, in fact stronger than ever. The reason I was at the Pentagon is the Secretary of the Navy, Secretary England, decided to name two new marine landing ships. They are named the USS Arlington, because that is where the Pentagon is and was hit, and Somerset after Somerset County, PA, to honor the victims of 9/11 who died in Pennsylvania and Virginia. These two ships will be a tangible demonstration of our shared resolve in this country. For our friends, neighbors, and loved ones who lost their lives, they will be fitting reminders of their sacrifice. One of those who lost their lives was a captain of American Airlines Flight 77, Captain Chic Burlingame. He had with him a wonderful poem. It is a poem his brother and sister gave to me. We were making sure he was properly buried at Arlington Cemetery, and I have kept it in my pocket until the Phoenix Project had the rebuilding of the Pentagon. Where I get my neckties and get dressed every morning, I have this picture they gave me. The picture is important, but also what is important is what is on the back of it, and that is a poem Captain Burlingame had on him when they crashed into the Pentagon. It is entitled ``I Did Not Die.'' I will share the poem with my colleagues. Do not stand at my grave and weep. I am not there, I do not sleep. I am a thousand winds that blow, I am the diamond glints on snow. I am the sunlight on ripened grain. I am the autumn's gentle rain. When you waken in the morning's hush, I am the swift uplifting rush Of quiet birds in circled flight. I am the soft stars that shine at night. Do not stand at my grave and cry. I am not there, I did not die. Tomorrow, we will be coming together, as is our tradition, to be cheering teams, grilling hamburgers and hot dogs, gathering around tables with those we love and those whom we cherish even more and, yes, indeed, we will pause. We will remember. We will never forget. Three years after that terrible day that changed our lives, America has come back strong. Everything that makes us good is more appreciated than ever. We are resolved more than ever to stand strong for freedom. I am confident that with the wholesome character of our American people, justice will prevail and liberty will endure. I yield the floor, and I suggest the absence of a quorum.

Mr. ALLEN

Mr. ALLEN. Mr. President, I ask unanimous consent that there be a period of morning business for debate only, with Senators permitted to speak therein for up to 10 minutes each.

Mr. ALLEN

Mr. ALLEN. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Friday, September 10, 2004, at 9:30 a.m. to hold a Nominations hearing.

Mr. ALLEN

Mr. ALLEN. Mr. President, at the direction of the Senator from Mississippi, Senator Cochran, I ask unanimous consent to call up amendment 3610.

Mr. ALLEN. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. ALLEN. Mr. President, I offer this amendment on behalf of myself and also my colleague, Senator Warner from Virginia. This amendment has to do with directing the Director of Federal Emergency Management Agency to conduct an investigation of the Shockoe Creek drain field in Richmond in order to prevent future damage from floods and other natural disasters. This amendment does not call for any additional spending. Many Members may not be aware that, less than a week ago, remnants of Tropical Storm Gaston pounded the Richmond area with rain and flooded many areas, leaving eight people dead. This storm dumped more than a foot of rain on the Shockoe Bottom area of Richmond, the oldest historic part of Richmond. The flood waters rose about 8 feet in 15 to 20 minutes, finally leaving about 20 blocks of the low lying bottom swamped in up to 10 feet of muddy runoff. In this area of very old brick buildings, most thought they were protected from the James River flooding by a flood wall. What actually happened was the rising waters came from the land side down Church Street, as opposed from the river side and flooded this whole Shockoe Valley watershed. I was there Monday and saw these business owners who were trying to shovel and take out buckets of mud and disinfecting their shops. It is a lot of work. At least 150 families had to leave homes that were declared uninhabitable. The floods destroyed over 35 various small businesses that had invested and renovated a lot of the old historic structures. There were 25 restaurants out of business that are going to have to clean up and disinfect and will need health certificates to reopen. Dozens and dozens of businesses are condemned, most of them condemned because of wrecked electrical systems. Actually, several buildings were even demolished. It will take a great deal of work, a great deal of patience, and a great deal of risk-taking for this wonderful historical area that had been recently renovated and rejuvenated to actually come back to life again. Most of the people, all but one, did not have flood insurance because the insurance folks and the lenders all figured with a flood wall you do not have to worry. One in particular, Sosie Hublitz, owner of the Kitchen Table, had to shut down because of the terrible flooding at her restaurant. All her life savings went into opening the business, plus $200,000 in loans. She still owes half of that and is worried about getting deeper in debt. Hublitz didn't have flood insurance. So there will be added costs. I am sure the insurers and the lenders will have added concerns before future investments can be made. The most encouraging aspect was the spirit of the people in this painstaking process, as tedious and tough as it is to be cleaning all that mud out, worrying about the mold and the bacteria, yet they still have a great spirit. These folks were concerned about such an act occurring again, with so much rain falling that quickly. This Shockoe area has a drainage system designed to prevent this problem. In the 1920s, a 27-foot culvert was put in underground to replace Shockoe Creek. Obviously that did not do the job in 2004. The point of all of this is to help out these folks in this natural basin, this historical basin, for one of the oldest cities in the United States, to see if this is an adequate drainage system in the likelihood that such rainfall would occur again. Sometimes when there are floods--and we see this same thing in the mountain areas--after there is a flood, the river beds end up being so filled with rocks and debris that it takes less rain the next time for those rivers or those creeks to leave their banks. One of the things we really must do, and it makes a great deal of sense to me, is to determine whether this 27-foot culvert that conducts the water from the Shockoe Valley into the James River a few hundred yards to the south actually is sufficiently adequate for that area. It does serve as a stormwater drain. It has worked well since the 1920s. Clearly, attention should be focused on this culvert and the basin drainage system. The people have amazing spirit. They will keep fighting. But it is important not only to help them--and the Small Business Administration is doing a great job, as is FEMA and all the folks at the local and State level--but beyond making sure they clean up and disinfect and get back on their feet and get their businesses back running, we think it is very important that we direct steps toward preventing any future tragedies or disasters. I'm sure the Corps of Engineers will undoubtedly be involved when FEMA coordinates this effort. We have introduced this amendment, Senator Warner and myself, directing FEMA to conduct an investigation in the Shockoe drain field to prevent future damage from flood and natural disasters. This is a very logical, appropriate way to plan for the future and prevent such damage and all the costs of repair. I thank my colleagues for listening. I thank my colleagues for also passing the supplemental for FEMA earlier this week which will also help the Small Business Administration take care of those not only in Florida but also Virginia and others who have been harmed by these disastrous floods and storms. I urge my colleagues to support this amendment. The people of Virginia will appreciate it. I know the folks at FEMA will also do the right job in the analysis of the Shockoe Valley. I ask for the yeas and nays.

Mr. ALLEN. I am happy for it to be passed on a voice vote.

Mr. ALLEN. I move to reconsider the vote.

Mr. ALLEN

Mr. ALLEN. Mr. President, before I begin my comments, I rise to commend the words of Senator Kyl of Arizona and Senator Lieberman. Senator Lieberman was commending ESPN's 25 years as a wonderful station, great entertainment, and something that means a lot to our family. I bring to my colleagues' attention something that is very important to Virginia, and Florida as well. These hurricanes and disasters that have been hitting our country, particularly in Florida, which has naturally gotten the most attention, but also Tropical Storm Gaston that had such a terrible impact in the Richmond area. We will be voting shortly on H.R. 5005, which is an emergency supplemental disaster relief appropriations measure. On behalf of the people of Virginia, and also Floridians, I thank my colleagues and also President Bush for acting to assist in this disaster relief, which is so necessary. I was down in Richmond yesterday inspecting businesses that have been flooded out by this unique flash flood that hit the Shockoe Bottom, which is a historic area of Richmond. There are a lot of small shops there, small stores, restaurants. There are people who have lived there since the renovation of Shockoe Bottom. There are a lot of manufacturers up into the Shockoe valley that were also devastated. In Chesterfield County, an overflowing creek came through and they actually had to demolish two big apartment areas and residences. Just in Chesterfield County alone, 47 people's lives were saved by the firefighters and police. There were eight people who lost their lives from Tropical Storm Gaston in the Commonwealth of Virginia. In addition to lives lost, which of course is the worst thing to happen, people lost all of their possessions, photographs of loved ones, their important documents and files. People lost all of their clothing from the mud slides that came in and the water that rose so quickly. There was one fellow at the disaster relief center that opened up yesterday afternoon. He had pants that were covered with paint and a T- shirt covered with paint. Those were the only clothes he had. All the rest of his clothes had been ruined. He was a painter. That is why he had so much paint on him. We saw others who were wondering where they were going to live and where they could get assistance. We saw small businesses--there were 35 businesses, 25 restaurants, hundreds of residences that were made uninhabitable. One of the best things I saw of the evidence of how this flood came in, particularly in the Shockoe Bottom area, was a person who had a laptop and on it was a videotape of the flood waters coming in. Within 15 minutes, it had gone from nothing on the floor in the restaurant-- this was at Bottoms Up Pizza--and it went up to well over 5 feet just in 15 minutes. People did not have time to do much of anything other than get up on different places to get out of the water. The cleanup is going to be painstaking. A lot of work has been done. A lot of efforts have been made. It is a lot to clean out that mud, to disinfect, to dry it out and get back in business. In some of the places all the elevators, of course, were wrecked. In one facility, they had to take mud out of the basement by buckets and take it up steps. They did a phenomenally good job doing it but that gives us the sense of what has to be done. In another small restaurant they were taking all the screws apart of a coffee roaster to make sure they could be dried off and oiled. Of course, all the furniture is wrecked. As far as the restaurants are concerned, they also have to make sure all the walls are sanitary and cleaned out for health reasons. We saw trucks and vehicles all wrecked. There is one Virginia Guardsman who is actually over in Kosovo, his truck was swamped and of course made useless as well. The point is, FEMA needs money. They need a lot of money because of these disasters. The President has acted. This country is going to provide billions of dollars to make sure FEMA has the money. In addition, when you talk about small businesses, they get assistance from SBA for very low interest loans. Those low-interest loans can help a lot of those businesses get back on their feet. There is a lot of work, a lot of despair. Yesterday I was with Melanie Sabelhaus, who is the Deputy Administrator for the SBA. You see people's eyes light up for the opportunities they will receive. I know the time has expired. May I speak in that time for 3 minutes?

Mr. ALLEN. I ask unanimous consent to speak for an additional 3 minutes and have that time allocated to the Republican side for the debate on judges so the vote continues at 5:30.