Herb Kohl

Mr. KOHL

Mr. KOHL. I share the concerns of the Senator from Iowa and the observations of Chairman Bennett and look forward to working with both of them on this in conference. Oceanic Institute (Hawaii) Finfish Hatchery Technology Development and Transfer

Mr. KOHL. I, too, would also like to join in on the discussion of this matter.

Mr. KOHL. I concur with my colleagues from Hawaii and Utah and encourage the Agricultural Research Service to work closely with the Oceanic Institute in utilizing funds appropriated for aquaculture development to specifically address finfish hatchery technology refinement and transfer to the industry.

Mr. KOHL. Mr. President, on behalf of Senator Harkin, I send an amendment to the desk.

Mr. KOHL. I yield the floor.

Mr. KOHL. I ask for adoption of the amendment.

Mr. KOHL. I move to reconsider the vote, and I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. KOHL. I move to reconsider the vote, and I move to lay that motion on the table. The motion to lay on the table was agreed to. Amendment No. 1766

Mr. KOHL. I ask for adoption of the amendment.

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

Mr. KOHL. Mr. President, on behalf of Senator Pryor, I send an amendment to the desk.

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

Mr. KOHL

Mr. KOHL. Mr. President, I rise today to join Senator Cantwell in co- sponsoring the Energy Emergency Consumer Protection Act of 2005. This bill will, for the first time, give our Federal Government the needed tools to prosecute those unscrupulous individuals and companies that seek to take advantage of emergencies and disasters by price gouging consumers in the sale of gasoline and other petroleum products. With the tremendous suffering caused by Hurricane Katrina resulting in gas supply disruptions, and with gas prices at record levels well in excess of $3.00 per gallon in many places throughout the Nation, the time is now for passage of this essential legislation. In the wake of the Hurricane Katrina disaster and the associated disruptions to supply and distribution networks, the national average price of gas is now at record levels. Allegations of price gouging and drastic price spikes were unfortunately commonplace in the immediate days following the disaster--including, for example, gas being sold at $6.00 per gallon in the Atlanta area. Many believe that the human suffering caused by loss of life, housing, and employment, has been compounded by some unscrupulous individuals and businesses who have taken advantage of the emergency by gouging consumers. Yet, under current law, the Federal Government has virtually no ability to prosecute such price gouging. Our bill will correct this critical deficiency. This legislation contains several important provisions. First, it gives the President the authority to declare an energy emergency during times of disruptions in the supply or distribution of gasoline or petroleum products. Second, the bill, for the first time, declares illegal under federal law selling gasoline or petroleum products at a price unconscionably high or when circumstances indicate that the seller is taking unfair advantage to increase prices unreasonably in times of energy emergency. Those who violate this law face civil penalties of up to $3,000,000 per day and criminal penalties, including jail terms of up to five years for individuals, as well. The bill also forbids market manipulation in connection with the sale of gasoline and petroleum products and empowers the experts at the Federal Trade Commission to write regulations setting forth specific conduct constituting market manipulation. Additionally, our bill gives states Attorneys General the power to enforce these provisions as well. These measures are an urgently needed deterrent to prevent all those who would seek to profit from this enormous tragedy by price gouging consumers in the price of gasoline. It will protect consumers--both those who were the victims of the immediate effects of Hurricane Katrina and those around the country--who suffer every day at the gas pumps from the real and growing economic pain caused by record high gas prices. As Ranking Member on the Senate Antitrust Subcommittee, I believe that this legislation is necessary to prevent unscrupulous companies using the disaster on the Gulf Coast to justify uncompetitive gas price hikes. All of us can agree that profiteering and price gouging in the price of an essential commodity like gasoline is simply unacceptable. Such conduct violates every principle of free and fair competition. We must give the Federal Government the necessary tools to prevent such misconduct, and prosecute those who do so. I urge my colleagues to support the Energy Emergency Consumer Protection Act.

Mr. KOHL

Mr. KOHL. Mr. President, I rise today to join Senator Cantwell in co- sponsoring the Energy Emergency Consumer Protection Act of 2005. This bill will, for the first time, give our Federal Government the needed tools to prosecute those unscrupulous individuals and companies that seek to take advantage of emergencies and disasters by price gouging consumers in the sale of gasoline and other petroleum products. With the tremendous suffering caused by Hurricane Katrina resulting in gas supply disruptions, and with gas prices at record levels well in excess of $3.00 per gallon in many places throughout the Nation, the time is now for passage of this essential legislation. In the wake of the Hurricane Katrina disaster and the associated disruptions to supply and distribution networks, the national average price of gas is now at record levels. Allegations of price gouging and drastic price spikes were unfortunately commonplace in the immediate days following the disaster--including, for example, gas being sold at $6.00 per gallon in the Atlanta area. Many believe that the human suffering caused by loss of life, housing, and employment, has been compounded by some unscrupulous individuals and businesses who have taken advantage of the emergency by gouging consumers. Yet, under current law, the Federal Government has virtually no ability to prosecute such price gouging. Our bill will correct this critical deficiency. This legislation contains several important provisions. First, it gives the President the authority to declare an energy emergency during times of disruptions in the supply or distribution of gasoline or petroleum products. Second, the bill, for the first time, declares illegal under federal law selling gasoline or petroleum products at a price unconscionably high or when circumstances indicate that the seller is taking unfair advantage to increase prices unreasonably in times of energy emergency. Those who violate this law face civil penalties of up to $3,000,000 per day and criminal penalties, including jail terms of up to five years for individuals, as well. The bill also forbids market manipulation in connection with the sale of gasoline and petroleum products and empowers the experts at the Federal Trade Commission to write regulations setting forth specific conduct constituting market manipulation. Additionally, our bill gives states Attorneys General the power to enforce these provisions as well. These measures are an urgently needed deterrent to prevent all those who would seek to profit from this enormous tragedy by price gouging consumers in the price of gasoline. It will protect consumers--both those who were the victims of the immediate effects of Hurricane Katrina and those around the country--who suffer every day at the gas pumps from the real and growing economic pain caused by record high gas prices. As Ranking Member on the Senate Antitrust Subcommittee, I believe that this legislation is necessary to prevent unscrupulous companies using the disaster on the Gulf Coast to justify uncompetitive gas price hikes. All of us can agree that profiteering and price gouging in the price of an essential commodity like gasoline is simply unacceptable. Such conduct violates every principle of free and fair competition. We must give the Federal Government the necessary tools to prevent such misconduct, and prosecute those who do so. I urge my colleagues to support the Energy Emergency Consumer Protection Act.

Mr. KOHL

Mr. KOHL. Mr. President, I ask unanimous consent that the Democratic leader be recognized to speak at 2:15 p.m. today.

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

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

Mr. KOHL

Mr. KOHL. Mr. President, I rise today in support of the fiscal year 2006 appropriations bill for Agriculture, Rural Development, and Related Agencies. This year, the Agriculture Subcommittee received a budget allocation of $17.3 billion, the first budget increase in several years. Along with our increased allocation, however, came increased spending requirements and critical priorities that, in the end, left us with essentially the same funding level as last year. Thanks in no small part to the hard work of Senator Bennett and his staff, I believe we have put together a bill that all Senators should be able to support without hesitation. Before I discuss the bill at hand, however, I believe we would be remiss to not express our deepest sympathies to all of those affected by Hurricane Katrina. It seems almost unfair to plan for a year ahead, knowing there are people still trying to figure out their next hours and days. We are aware that so much remains to be done to help these people, and while we do not include funding for specific items related to that disaster in this bill, we are working with USDA to ensure that immediate help in the form of food and housing is being provided, and will work to make sure that when a disaster supplemental is passed, all possible help that can be provided by the USDA and FDA will most certainly be included. In the bill at hand, however, here are a few of the highlights. With the recent discovery--the first of its kinds--of BSE resulting from a cow born in the United States, it is important to note that this bill fully funds the President's request for all mad cow disease prevention and detection activities within the Animal and Plant Health Inspection Service, the Food Safety and Inspection Service, and the Food and Drug Administration. This will allow USDA and FDA to continue enhanced inspections of cattle, and to work to ensure the continued prevention of BSE in this country. Not to diminish the other important work of keeping our food and drug supply safe done by those agencies, I would like to point out that the Food Safety and Inspection Service received an increase of nearly $20 million above last year's level, which will provide for 7,690 food safety inspectors. The Food and Drug Administration received an increase of nearly $35 million, including nearly $17 million for counterterrorism activities, nearly $8 million for increased medical device review, and $5 million for increased drug safety activities. The importance of the conservation and watershed programs cannot be overstated, especially in light of recent events. This bill provides $963 million for the Natural Resources Conservation Service; $820 million for conservation operations, $5 million for watershed surveys and planning; $60 million for watershed and flood prevention programs; $27 million for the watershed rehabilitation program, and $51 million for resource conservation and development. In rural development, the bill provides adequate funding for programs to meet priority needs for rural communities including business development, water and waste assistance, affordable rural housing, electric, telephone and broadband connections, and essential community facilities. The bill also provides a safety net to preserve rural multi-family housing and prevent low-income rural residents from being displaced from Government financed rental housing projects due to recent market and legal developments. For the WIC Program, the bill provides $5.25 billion, an increase of nearly $22 million from last year's level. Although this amount is less than what the administration originally requested, changes in participation and food cost estimates allowed these savings, and the amount provided ensures full access to this program using the most up- to-date estimates. This funding level is supported by the administration, as well as noted hunger advocacy groups, all of whom have worked with the committee in determining the proper and adequate WIC funding level. This amount includes a contingency reserve of $125 million, $20 million for improved computer systems, and $15 million for breastfeeding support activities. Further, we did not include the President's proposals to limit Medicaid eligibility restrictions, nor lower the cap on nutrition services administrative funding. All other nutrition programs were funded at or above the President's request level, including $40.7 billion for food stamps, $12.4 billion for child nutrition programs, nearly $109 million for the Commodity Supplemental Food Program, and $140,000,000 for The Emergency Food Assistance Program. This bill also does not neglect our responsibilities to help other countries. The Foreign Agricultural Service received an increase of $11 million this year. The PL-480 program, which supplies U.S. commodities to fight hunger in other countries, is funded at $1.15 billion, and the committee did not accept the administration's proposal to shift some of these funds to USAID. The McGovern-Dole program, which provides food for impoverished schoolchildren in other countries, receives $100 million. Overall, as I have previously stated, we were able to do everything that everyone wanted us to do. However, I think that Senator Bennett has done a good job in making sure that this bill addresses the most important needs that we have. I would like to thank him again, as well as Jon Ziolkowski, Fitz Elder, Hunter Moorhead, Dianne Preece, and Stacy McBride on his staff for their hard work and dedication. They exhibited professionalism and a strong work ethic throughout this entire process, and worked seamlessly with my staff, for which I am also thankful. I strongly support this bill, and I encourage all Senators to vote in favor of it. I look forward to debating and passing this bill on the Senate floor and moving one step further toward providing USDA and FDA funds for fiscal year 2006 in the regular order. I encourage all Senators with amendments to this bill to file them early and to work with Senator Bennett and myself and our staffs to deal with any and all amendments that come up. I yield the floor.

Mr. KOHL

Mr. KOHL. Mr. President, I proudly rise in support of the transportation bill that Congress passed today. It has been 3 years in the making, and I must admit there were times when I thought this moment would never come. I could not be more pleased to vote for this transportation bill. When the Senate passed this legislation in May, I feared that Wisconsin would suffer under an unfair, 5-year bill. Today, Congress passed legislation that is significantly different. This legislation treats my State equitably. Over the next five years, Wisconsin will receive an average rate of return of $1.06. Wisconsin taxpayers are getting their fair share under this bill, and that deserves everyone's support. The Wisconsin delegation has worked tirelessly on improving this legislation over the past 3 years. I would especially like to thank Congressman Petri, whose efforts as chairman of the Subcommittee on Highways, Transit and Pipelines helped ensure the fair treatment of Wisconsin. Throughout the process, Congressman Petri worked with others in the delegation, and this bill is truly the result of bipartisan cooperation. I would also like to thank the members of the Environment and Public Works Committee: Chairman Inhofe and Ranking Member Jeffords, along with Senators Bond and Baucus worked hard to ensure that the needs of all fifty States were met. Three years in the making and this legislation is long overdue. This bill will mitigate the congestion that clogs our roadways, and it will enhance safety on highways throughout Wisconsin. It provides needed funding for such critical projects as the Marquette Interchange, the St. Croix River Crossing and the Sturgeon Bay Bridge. Commuters and visitors alike will see a direct benefit from this legislation, in addition to the thousands of jobs that the funding in this bill will create. For 3 years, I have been consistent in my request for Congress to complete an equitable transportation authorization bill. I am proud to join my colleagues in supporting exactly that. Disadvantaged Business Enterprise Program

Mr. KOHL

Mr. KOHL. Mr. President, if we are going to give gun dealers immunity from lawsuits, then I believe we should insist they take every safety precaution available when selling firearms. This amendment goes a long way to help reduce the number of accidental shootings, particularly among the most vulnerable members of our society, our children, by requiring dealers to sell a safety device with all handguns. We have all read troubling stories about lives cut short by accidental shootings and teen suicides. They are made all the more terrible by the knowledge that many were preventable. The annual number of firearm injuries and deaths involving children is startling. According to the most recent stats available, thousands of people are injured every year in accidental shootings, including more than 800 gun-related tragedies that resulted in death. In addition, it is estimated that every 6 hours, a young person between the ages of 10 and 19 commits suicide with a firearm. In all, 13,053 children were injured by firearms in 2002. Securing the firearm with a child safety lock could have prevented many of these tragedies. The sad truth is that we are inviting disaster every time an unlocked gun is easily accessible to children. Eleven million children live in households with guns, and in 65 percent of those homes, the gun is accessible to the child. In 13 percent of them, the gun is left loaded and not locked. This amendment will help address this problem. It requires that a child safety device be sold with every handgun. These devices vary in form, but the most common resembles a padlock that wraps around the gun trigger and immobilizes it. Trigger locks are already used by tens of thousands of responsible gun owners to protect their firearms from unauthorized use, and they can be purchased in virtually any gun store for less than $10. The Senate has already expressed its support for the sale of trigger locks with handguns, most recently last year, when 70 Senators voted in favor of this exact same amendment. The mandatory sale of trigger locks is equally supported in the rest of the country and the law enforcement community. Polls have shown that between 75 and 80 percent of the American public, including gun owners, favors a mandatory sale of safety locks with guns. In a recent survey of 250 of Wisconsin's police chiefs and sheriffs, 91 percent agreed that child safety locks should be sold with each handgun. The current administration has indicated its support for this concept. During his campaign in 2000, President Bush indicated that if Congress passed a bill making the sale of child safety locks mandatory with every gun sale, then he would sign it. All of these people agree that we should be doing everything within our power to promote the use of locks or other safety devices with handguns. Nobody has ever claimed that this would be a total panacea. To be sure, it will not prevent every single firearm-related accident. But its importance cannot be overstated. Stats show that those who buy locks are more likely to use them. And when they are used, they do prevent accidental deaths. While imposing a minimal cost on consumers, it would prevent the deaths of many innocent children every year, which is a small price to pay. The Senate spoke overwhelmingly in favor of this type of proposal just last year. We should do so again today. I strongly urge my colleagues to support this amendment. I ask unanimous consent that the following Senators be added as cosponsors of the amendment: Senators Boxer, Mikulski, Corzine, and Lautenberg.

Mr. KOHL. I thank the Chair and yield the floor.

Mr. KOHL

Mr. KOHL. Mr. President, our colleagues from Iowa, Mr. Dorr's home State, have laid out very divergent views and analysis of the nominee's background and temperament. I will not expand on those, as this body has already spent considerable time and energy on this topic. Rural America is changing a great deal. Changes in immigration, employment patterns, technology, health care, and the economy are continually reshaping the contours of rural America. The challenges are many and the Under Secretary for Rural Development can have considerable impact on those challenges. It is a position that demands foresight, judgment, and willingness to embrace change creatively. I will not be endorsing the Dorr nomination. But I recognize the President's authority to make such nominations. And as the ranking member of the Senate Subcommittee on Agriculture Appropriations, I stand ready to work constructively with him on issues of mutual concern.

Mr. KOHL

Mr. KOHL. Mr. President, I ask unanimous consent that on record vote No. 196 regarding the Chambliss amendment, that I be recorded as having voted ``aye'' instead of my previous vote against the amendment. I understand this change will not affect the outcome of the vote.

Mr. KOHL

Mr. KOHL. Mr. President, we have all just heard the President will announce this evening a candidate to replace Supreme Court Justice Sandra Day O'Connor. Then, the Senate will begin its constitutional duty to examine the nominee and give or withhold our consent. As the Senator from Connecticut said earlier on the floor, this is one of our most important jobs. Whomever we put on the Supreme Court will affect the lives of every American. Further, that person will receive a lifetime appointment, unchecked by elections or any other accountability to the people for whom we work. The confirmation process is our only chance to make sure whomever we put in this very powerful job embraces our values, respects our laws, and protects our Constitution. We need to make sure this nominee is well-qualified and approaches legal issues with an open mind and no partisan, political agenda. He or she must have a keen understanding of the law and the ability to explain it in ways the American people will understand. Second, we hope he or she is someone who will represent the views of people all across America, someone who will respect the Constitution. Third, a qualified nominee must understand that the law is more than an intellectual game and more than a mental exercise. The law is about real people, often facing the all-too-real challenges of raising families and earning a living. Justice, after all, may be blind, but it should not be deaf. Finally, a nominee has to be willing to tell us how she or he will exercise the enormous power of their position. We need to know how the nominee sees the world and what he or she thinks about basic issues. The Senate is about to begin one of its most solemn and important duties. As the confirmation process unfolds, I sincerely hope we continue to talk to and listen to each other, regardless of party and, more importantly, to the people we represent. I yield the floor to the Senator from New York.

Mr. KOHL. Mr. President, I ask unanimous consent to speak as in morning business.