Mel Martinez

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, I ask unanimous consent to be recognized for 2 minutes to speak on behalf of the nominee.

Mr. MARTINEZ. Mr. President, I yield back the remainder of my time.

Mr. MARTINEZ. Mr. President, I rise to speak on behalf of Richard Smoak, who has been nominated by President Bush to fill a vacancy in the Northern District of Florida as a Federal district court judge. I would like to have the record reflect Mr. Smoak is a man of great integrity, a person who will distinguish himself on the bench, as he has in every other aspect of his life. He is from Panama City, FL, where he has practiced law in a very distinguished fashion for quite a number of years. He is one of those people who folks speak about in superlative terms. And one can understand why. Mr. Smoak graduated from the University of Florida in 1972, with a law degree; after having gone to the U.S. Military Academy at West Point, graduating in 1965. From 1965 to 1970, Mr. Smoak was an infantry officer, serving extensively in Vietnam, where he distinguished himself by receiving a Silver Star medal and a Bronze Star medal, among other military awards he received for his distinguished service to his Nation. Mr. President, better than I, I think I should quote from among those who have known him and have practiced law with him, and those who have been in the community with him. I will quote from Mr. Paul Anderson of Panama City, who speaks of Mr. Smoak in this fashion: Dick Smoak is simply one of the finest lawyers and finest men I have ever had the privilege of knowing. Describing Dick requires the use of words such as integrity, character and professionalism. As a legal practitioner, Dick knows the law and applies it logically to each case he handles. Mr. President, in addition to that, one of those things I believe I like about Mr. Smoak that speaks so highly of him is that Mr. Anderson speaks about the fact that he does not compromise his principles. With that, Mr. President, I urge my colleagues to vote favorably on this nomination of Mr. Richard Smoak to serve as a Federal district court judge for the Northern District of Florida.

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, I ask unanimous consent that the amendment at the desk be agreed to, the committee-reported amendment, as amended, be agreed to, the bill, as amended, be read a third time and passed, the title amendment be agreed to, the motions to reconsider be laid upon the table, and any statements relating to the bill be printed in the Record.

Mr. MARTINEZ. Mr. President, I ask unanimous consent to proceed to immediate consideration of S. 939.

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, I rise today to address an issue that unfortunately has become all too familiar to us, particularly us Floridians, which is the devastating ravages of yet another storm that has hit our coastal zone and particularly the State of Florida. I have just returned from the State of Florida, from south Florida, having traveled there today, with Senator Nelson. I also traveled around with Members of the Congress, with Ileana Ros-Lehtinen, Congressman Lincoln Diaz-Balart, Congressman Mario Diaz-Balart, and Congressman Clay Shaw. We went first to Miami, Dade County, where we visited the emergency operations center. There we were able to get a briefing and an update from people on the ground about the situation there. Unfortunately, there, and then again in Broward County and Fort Lauderdale where we further visited, the situation seems to be somewhat the same. There is widespread damage to people's homes and places of business, but the most important and most pervasive problem seems to be the very severe loss of electrical power. In addition to the electrical power, there is a combination in some of the places which also has to do with problems of potable water. As I stand here, there are still 2.8 million people in Florida without electricity. Nearly 6 million people were without power Tuesday morning. We are making some progress, thanks in part to the contributions of other States that have responded to this emergency. More than 5,000 people from neighboring States are actively working to restore power in the lower peninsula. Damage in Florida not only began in the area of Naples and Marco Island on the west coast, but then it traveled across the rural area of our State, across the Everglades and slammed in an angling way, covering the Florida Keys before it ever reached the mainland, and then Miami, Dade County, Broward County, Palm Beach County, exiting out in the area of Palm Beach. Regarding those 2.8 million people without power, I am hopeful that figure will be dropping substantially in the next several days. That will be good news if it happens. In the meantime, there is an area of great concern. We are being told by the power companies it will be at least a week, maybe 10 days, maybe 2 weeks before a substantial number of these customers will be restored to power. In fact, the date of November 22 is now being given as to when all customers will be back on line. That is almost a month from now. No power, for many Floridians, means there is no way to prepare meals, no hot water in which to bathe or wash clothes or dishes, no traffic lights, no way to pump gas, no access to cash machines so people might access resources necessary to restock and obtain water and food supplies. Banks are closed. The schools in many ways would be ready to reopen in a matter of a couple of days, but they cannot open until there is power. Hospitals are working on generators; however, there is concern that these generators will begin to start running low on fuel and there is also the ``boil water'' order given to the people of south Florida, in counties that are, frankly, having problems with water pressure issues. There are substantial relief efforts in progress. There have been a few glitches along the way. Yesterday, there were long lines of exasperated people, which is understandable in the first 48 hours following a category 3 hurricane that hit with well over 100-mile-an- hour winds in some of the most populated areas of the State of Florida. I commend our Governor, Jeb Bush, for his preparation before the storm ever reached our shores and for the good cooperation that local government has been given throughout the State. Even though we have all heard reports of long lines at these distribution points and that we have run out of supplies too soon, the system is working and will be working even better in the coming hours. Improvements have been made over the last 24 hours, and we believe more improvements will be made in a very short period of time. I also commend our Florida National Guard. The Florida National Guard, time and again, has answered the call as we have faced storm after storm in the State of Florida. Right now we have over 4,000 members of the Guard who have been activated, helping to distribute food and material and assisting local law enforcement and patrolling areas, assisting local law enforcement. More troops are being called up, I understand. There are curfews in effect throughout south Florida, and it is a big task to enforce these curfews. Floridians are following the instructions and local government officials were pleased to report to us how well Floridians were responding to the call for curfew. We hope this will continue because the curfews will need to be in effect for ongoing days, and we hope the same level of cooperation will be seen. FEMA is on the ground in Florida. In addition to helping to provide for immediate needs, the administrators have approved individual assistance for 10 Florida counties covering an estimated 6.5 million people in the State of Florida. That was welcome news to the people in Miami, Dade and Broward Counties, that I visited today. As far as the overall picture, the extent of the damage, and the economic impact, it is hard to get an accurate dollar figure just yet because the estimates are still coming in. Just to give my colleagues an idea, the preliminary figures, according to the Florida Insurance Council, puts the cost of Hurricane Wilma to somewhere close to $10 billion. If that figure holds, it makes Wilma the most damaging storm to hit the State this year and perhaps Florida's most damaging hurricane in over a decade. I also want to underscore that Florida is a State that went into this particular storm with a lot on its shoulders already. Before Wilma, over 10 percent of Florida's homes were damaged from four previous hurricanes last year. Even today, we still had over 20,000 Floridians living in some sort of transitional housing. Most of that is a backlog of structural repair. Now that number is going to dramatically escalate. Before Wilma was even a squall, Florida's agricultural damages from the last year stood at $665 million. Whole sectors of our agricultural industry are devastated. Frankly, it will take years to replant and reestablish some of the crops. It is highly likely that this hurricane is going to make yet another agricultural season a total loss for Floridians. I also want to mention S. 939, the Disaster Recovery Act. This bill, which has been introduced by myself and several others, is pending before this body. It seeks to expedite Federal assistance and assist communities in debris removal. This is straightforward legislation. Without it, people in communities can be kept waiting for months for any assistance. In the case of debris removal, it is an issue of public safety that has gone unaddressed for far too long. With the help of my good friends from Maine and Mississippi, this bill is now moving forward, and I will ask my colleagues to lend their support. This is critical legislation, and it will make a difference to millions of Floridians and others affected by the recent storms. This bill is currently hotlined, and I am hopeful that first thing tomorrow morning we will be able to move this bill along. Beyond that, I know there is still an appropriate time and place for a larger Federal role in this disaster. I ask my colleagues to keep in mind that Florida has been hit by eight hurricanes and two tropical storms in the last 14 months. Going into this storm, we have had a lot of damage from Wilma, and it has only been compounded by existing problems and new ones have been created. So let me conclude on a brighter note and express appreciation for those of my colleagues who have indicated their concern for Florida. It is times like these that makes me proud to be a Floridian. We are resilient people. What we saw today was folks pulling together. We will repair the damage and we will move on. The communities of Florida are pulling together, helping one another and reaching out to one another in a spirit of cooperation and neighborliness, which I think is commendable. I think we need to continue to pull together because these are difficult days. We are not going to get over this in a matter of 24 hours or 48 hours. It is going to take some time. In the first 48 hours after a category 3 hurricane, it is understandable that people's nerves are fraying and impatience is setting in. However, we are ready for this, and I know we will pull together and get through it in the best way possible. I believe it is most important to point out that in spite of all of this, the Orlando International Airport has reopened for business. The cruise ships are coming in and out of Miami Harbor. The fact is that the attractions--all in central Florida--were completely unaffected by any of this and are open for business. Florida, in fact, is open for business. The convention facilities are working. Florida will be back to normal in short order. I do hope that people recognize Florida is still a wonderful place to visit. I thank my colleagues for all of the expressions of support, and I look forward to working with them as we try to seek an appropriate Federal response to Florida's problem. Thank you, Mr. President. I yield the floor.

Mr. MARTINEZ. Mr. President, I ask unanimous consent to speak as in morning business for 5 minutes regarding the hurricane in Florida.

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, today I rise for the first time as a U.S. Senator to exercise my constitutional obligation to provide advice and consent to a presidential nominee for Chief Justice to the United States Supreme Court. It is a high privilege that carries with it great responsibility. The responsibility to ensure, in so much as is possible, that the nominee is not only of the highest intellect, integrity and character, but that he or she comes to the process with no personal ideological agenda. That the nominee recognizes there is no room in the business of judging for the personal policy ideals of individual judges and that the symbolism of the judge's black robe to shield both the litigants and the country from the personal idiosyncrasy must be carried out in the discharge of the heavy responsibilities of the Court. Today I add my voice to that of my colleagues speaking in support of the nomination of John Roberts to become the 17th Chief Justice of the United States of America. Before the confirmation hearings began, we knew that John Roberts had impeccable academic qualifications to serve as the chief judicial and administrative officer of the highest court in the land. Before the hearings began we knew that John Roberts had the wholehearted support of prior Solicitors General, in both Democrat and Republican administrations. We knew that he had the overwhelming support of a majority of members of the District of Columbia bar where he practiced and we knew that he received the highest possible rating from the American Bar Association. In short, we knew that his qualifications to serve were impeccable and unassailable. And what we now know after the confirmation hearings, after extensive interaction with Members of the Senate, 20 hours of testimony and the give and take of responding to over 500 questions, is that Judge Roberts is possessed of: a quiet humility; a deep understanding and modest view of his own significance; a healthy appreciation of the role of the Court in the governance of our nation; respect for the limitation of precedent; an awareness of the dangers of looking to foreign jurisdictions for guidance in shaping the laws of our land; and a commitment to respecting the proper role of the courts in interpretation of the law. I am persuaded that Judge Roberts will look to established precedent, be respectful of the doctrine of stare decisis and will use the constitution and the law as his guideposts as opposed to any personal whim or political agenda. In my private meeting with Judge Roberts we discussed his view of the role of the Chief Justice. From his thoughtful response, it was clear that he had well considered ideas about providing effective and constructive leadership to his colleagues on the Court. In every institution or endeavor, great leadership finds a way to unite rather than to divide. I am confident that Judge Roberts will provide that leadership. I want to mention that while a nominee's views issues such as the ``right to privacy'' are unquestionably significant and have occupied a great deal of the time dedicated to the confirmation process, our entire judiciary looks to the Supreme Court for guidance on many other issues other than the ``great constitutional questions of our day.'' I'm hopeful that as we go forward with our next nominee, we can find some time to also discuss issues that are vital to the day-to-day administration of justice. What are the nominee's views on the cost of litigation in our country or the length of time required for litigants to have their claims adjudicated? Is there a fair mechanism to address legitimate concerns about nonmeritorious cases? What has the effect of the speedy trial rule been on the ability of litigants in civil case to have a fair and prompt resolution of their claims? What are the nominee's views on the argument that complex cases involving scientific evidence are beyond the ken of average jurors? Where does the nominee stand on the difficult issue of sentencing guidelines and the current tension existing between the Congress and the Courts on the appropriateness of giving federal judges discretion in the imposition of sentences? Where does the nominee stand on the problems of electronic discovery in civil and criminal cases? What are the nominee's views on the importance of 12 member juries in civil cases? Could juries of 6 serve justice just as well? Why are unanimous verdicts required in civil cases could another method lead to a better quality of justice? These questions may not make for good headlines, but they surround issues that are vital to the administration of justice in our great country. It is my hope we will take the time to discuss them in the coming weeks as we go forward with the confirmation process of a nominee to replace Sandra Day O'Connor. These are the questions we should consider as we depoliticize the confirmation process and return our attention to working together to advance the cause of justice in our Nation. My colleagues should take note that the American Bar Association gave Judge Roberts the rating of ``Well Qualified'' for Chief Justice of the United States. To earn that rating, the ABA which is viewed as the solo standard, says, ``the nominee must be at the top of the legal profession, have outstanding legal ability and exceptional breadth of experience and meet the highest standards of integrity, professional competence and judicial temperament. The evaluation of ``Well Qualified'' is reserved for only those found to merit the Standing Committee's strongest affirmative endorsement.'' In conducting its investigation, the ABA reached out to a wide spectrum of people across political, racial and gender lines, including lawyers, judges and community leaders--people with personal knowledge of Judge Roberts. The ABA interviewed Federal and state court judges, including all members of the Supreme Court of the United States, members of the United States Courts of Appeals, members of the United States District Courts, United States Magistrate Judges, United States Bankruptcy Judges, and numerous state judges. The results were as follows: On integrity: ``He is probably the most honorable guy I know and he is a man of his word.'' ``I would be amazed if anyone had any greater integrity on either a personal or professional level.'' ``He's a man of extraordinary integrity and character.'' On judicial temperament: ``He has the kind of temperament and demeanor you would want in a judge.'' ``He was extremely even-tempered and was so good that he could give classes on it.'' ``John Roberts is respectful, polite and understated. He has no bluster and is a fabulous lawyer. He has no need to impress anyone. On professional competence: ``He is brilliant and he understands the importance of the independence of the judiciary and the role of the rule of law.'' ``His opinions are clear, succinct and very well- written.'' ``His opinions are in the mainstream of American jurisprudence.'' In my own meeting with Judge Roberts, I was particularly impressed with his discussion of the dangers associated with looking beyond the borders for guidance or the support of precedent. His response reflected a deep and comprehensive understanding not only of the importance of judicial precedent in setting boundaries for the Court, but also the role of the people, the legislative process and our representational form of government. Judge Roberts noted in our meeting and again in his testimony before the committee that our judges are appointed by our elected President and their appointment requires the consent of the duly elected members of the Senate. This provides a measure of accountability consistent with the intention of the Founding Fathers. Looking to a foreign source for legal principles deprives the American people of that accountability. To use Judge Roberts words, and I paraphrase, it's a bit like looking out over a large crowd to identify your friends. If you look hard enough, you can find something you like. To my colleagues who are poised to cast a vote in opposition to the nominee, I would ask them to take a close look at Judge Robert's testimony at the commencement of the hearing: I have no agenda, but I do have a commitment. If I am confirmed, I will confront every case with an open mind. I will fully and fairly analyze the legal arguments that are presented. I will be open to the considered views of my colleagues on the bench, and I will decide every case based on the record, according to the rule of law, without fear or favor, to the best of my ability, and I will remember it's my job to call balls and strikes, and not to pitch or bat. I must ultimately arrive at my decision based on a considered judgment as to whether this nominee has the qualifications, temperament and experience required of such high appointment. Does he have the requisite personal ethics and moral code to serve as our nation's highest judicial officer? I have measured this nominee against this high bar for confirmation and find him qualified in every respect. I accept Judge Roberts' word as his bond, consistent with his history as a man of unquestioned integrity and commitment to the highest ideals demanded of our judicial officers. I look forward to casting a historic vote in support of this most highly qualified nominee. I yield the floor.

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

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, I rise today to discuss the serious problem of a disease that threatens to wipe out the citrus industry of Florida. I sincerely appreciate the great efforts made thus far by Chairman Bennett, the Senate Agriculture Appropriations Subcommittee, and their staff to work to address the on-going eradication efforts in Florida. Under the FY 2006 Agriculture appropriations bill, $40,000,000 has been directed towards the Animal and Plant Health Inspection Service to assist citrus producers in combating this terrible bacterium. Citrus canker is a bacterial disease characterized by the lesions it leaves on citrus trees and fruit that leaves trees weakened and results in reduced fruit production. The four hurricanes that hit Florida in 2004 caused significant spread of citrus canker into commercial growing areas. The 2004 hurricane season in Florida not only damaged citrus crops and trees, it was a primary cause of the spread of citrus canker beyond what was generally believed to be reaching a goal of eradication. The storms created an additional need for compensation to support the continuing eradication effort. Compensation for citrus producers is a vital component of the program as many commercial growers would not allow their trees to be cut without the promise of compensation. There is no cure for canker. The only known way to contain the spread of citrus canker is to cut down infected and exposed trees in a 1,900 square foot area. In a commercial grove, that radius can encompass up to 250 acres around a single infected tree. That's why the post-hurricanes outbreak has led to the destruction of nearly 55,000 acres. USDA has estimated that the 2002-2005 citrus crop will yield 151 million boxes of oranges, down from their 225 million box estimate earlier in 2004. This year's decrease of 94 million boxes represents a staggering decrease of 38 percent. Before the 2004 hurricane season, the U.S. Department of Agriculture had compensated commercial growers an average $7,600 an acre for destroying their property. According to my growers in Florida and the Florida Department of Citrus, the backlog of unpaid compensation has grown to nearly $450 million. It is my hope that during the conference negotiations process with the House Agriculture Appropriations Subcommittee that citrus canker compensation funding will be addressed at an appropriate level on behalf of growers that abide by the USDA canker eradication program.

Mr. MARTINEZ. I thank the chairman. I appreciate his support and look forward to working with him as well as the appropriations process moves forward.

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, I ask unanimous consent to speak as in morning business for 5 minutes.

Mr. MARTINEZ. Mr. President, I was honored to join Majority Leader Frist in cosponsoring S. Res. 238 recognizing Hispanic Heritage Month and celebrating the vast contributions of Hispanic Americans to the strength and culture of our Nation. S. Res. 238 passed the Senate by unanimous consent today, September 15, the kickoff of a month-long celebration and observation of Hispanic-American strength and culture in this country. Diversity truly represents the best of America, a nation where each of us can be proud of our ancestry, our heritage, and our native language, yet a nation where we at the same time can stand together with our neighbor, regardless of our own background, and all call ourselves Americans. Hispanic Americans have much to be proud of and much to celebrate. I have said this before, but I am so proud to have been elected the first Cuban American in the Senate. I feel a great weight of responsibility in representing not only the Cuban-American community and the great State of Florida but in a way the entire Hispanic-American community in our country. I know my colleague from Colorado, Senator Salazar, must feel the same weight of responsibility. I am very honored to serve in this Senate with him. As I like to say, in America, when you work hard and play by the rules, anything is possible. This year, Judge Alberto Gonzales was sworn in as our Attorney General. Alberto Gonzales is the first Hispanic American to ever serve in one of the four elite Cabinet posts in Government--Defense, Treasury, State and Attorney General, which he now proudly occupies. He is an inspiration for our next generation. The second Cuban American to serve in the President's Cabinet also took office this year--Secretary Carlos Gutierrez at the Department of Commerce. I was proud to support both their nominations. We have made great strides in breaking into the highest echelons of Government. And although I do not want to employ any litmus test of ethnicity, there would indeed be much to celebrate if our next Supreme Court nominee became the first Hispanic-American Justice of the Supreme Court. Hispanic pride in our heritage has helped many look to their past for strength and use this strength to forge a better future for ourselves and our families in all facets of American life. Our achievements have greatly influenced America's policymaking, its economy, and the medical and artistic fields. In fact, we should also point out that many Hispanic Americans proudly serve in our Armed Forces during this time of need. In fact, many have given their last measure of sacrifice, while others have suffered serious injuries. But moving to other fields, now-deceased Cuban-American business leader and former chief executive officer of Coca-Cola Roberto Goizueta climbed the corporate ranks and helped Coca-Cola remain one of the premier brands around the world. Nobel Prize winner Severo Ochoa discovered the process that allows humans to create RNA in a test tube. My close and personal friend, Congresswoman Ileana Ros-Lehtinen, became the first Hispanic-American woman and first Cuban-American to be elected to the U.S. Congress. And within the artistic field, Brazilian artist Romero Britto, whose concern for the youth of the world, combined with social and political sources, has had his work appear in over 60 national and international publications. Just like throughout the Nation, the Hispanic community within Florida continues to grow rapidly, and our creativity and ingenuity keep contributing to American culture. Hispanic American and owner of NGI Solutions, Martha Korman, is making significant economic contributions to the greater Tampa area. Puerto Ricans, like Orange County Commissioner Mildred Fernandez, climbed the ranks and is working to encourage homeownership and growth of small businesses in the Orlando region. Like many other Hispanics, Cuban-American Gus Machado began with nothing but a dream and dedicated himself to his business and his community, making him today the owner of the number one Ford car dealerships in the Miami area. In Jacksonville, FL, Dr. Javier Garcia- Bengochea made his mark as the innovator of several instruments and systems used to improve spinal surgeries. And in Florida, just this week, a young man named Marco Rubio was named the first Cuban-American Speaker in the Florida House of Representatives, and, I might add, the first Hispanic American. I know that he is going to be a great leader and voice for the State of Florida, and a great role model for our next generation of Hispanic Americans who want to make a difference. We are proud to be Americans. We gladly stand together with all Americans of all races, creeds, and beliefs in this great country that we call home. Our goal in observing Hispanic Heritage Month is not to set ourselves apart, but to ask our fellow citizens to join us in celebrating our culture, our heritage, and our achievements. With great pride we celebrate the pioneers in our Nation and in Florida during this National Hispanic Heritage Month. We pay tribute to America's diversity and honor the countless contributions Hispanics have made throughout the history of this great country. And finally, we celebrate the values of the Hispanic-American community--family, faith, liberty, love of this country and love of our roots. Mr. President, I yield the floor and suggest the absence of a quorum.

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

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, it has been 3 weeks since Hurricane Katrina came ashore bringing with her a wide swath of damage. Her winds whipped structures to devastation, her rains destroyed thousands of agricultural crops, and, sadly, the force of this storm resulted in death. While I rise to speak of Hurricane Katrina, I do want to focus my remarks on the devastation this storm brought to the State of Florida. We all know of the devastation on the Gulf Coast States of Alabama, Mississippi, and Louisiana. Before that, Katrina paid a costly and deadly visit to the State of Florida. Florida suffered 14 deaths and over $1 billion in damages. The Governor declared a state of emergency and evacuations took place. As you may recall, last year, Florida was visited by four serious hurricanes. By the time Katrina hit, we already had received over 150 percent of the normal rainfall for the year. And more rain brought about a substantial amount of flooding. Before Katrina came to Florida, we had been visited by, as I said, four hurricanes last year. Over 10 percent of Florida's homes were damaged. The storm displaced tens of thousands of people into shelters, and today over 20,000 Floridians are still living in some form of transitional housing. The backlog of roof repair is so severe that we are sending our children to schools that are developing mold problems. Whole sectors of our agricultural industry are devastated. Frankly, it will take years to replant and renourish those crops. I wish to take a few moments to mention that even though the people of my State are still recovering from the effects of Katrina and Dennis and Charley, Frances, Ivan, and Jeanne--even though folks are still living in trailers outside of their homes that have blue tarps on their roofs, Floridians are proudly pitching in to help the people of the gulf coast region. Sarasota, FL, is sending teams of 140 trained Red Cross volunteers in 2-week cycles and in some cases longer than that. These volunteers are headed to the very areas where evacuees are streaming out. There is no power, no clean water, no hot showers. They are bringing evacuees back with them to Sarasota County--over 300 so far. Early this week, I had occasion to visit the Red Cross center in Orlando. Over 200 people are volunteering their services there, as hundreds and expected thousands of evacuees are coming into that central Florida area, where they are finding that the hotel industry has made arrangements for them to receive temporary housing in the area of many hotels, and, at the same time, the community is pouring out their love and their care in helping find jobs and dealing with issues of physical as well as mental health, as well as incorporating children into the school system. The Tampa Incident Management Group has sent 22 members to Hancock County, MS, where they have worked 16-hour days for 7 days. The group included emergency management personnel, firefighters, logistical support, public information officers, police, and crisis counselors. One of the members of the Hardee County EOC, Mr. Richard Shepard, says he felt a responsibility to go to Mississippi because he needed to give something back for all the help he had received last year. The South Florida Urban Search and Rescue Team, comprised of 80 firefighters from agencies throughout Miami-Dade and Broward Counties, returned home after spending nearly 2 weeks helping Hurricane Katrina victims in the gulf coast. A group of Bascom Palmer Eye Institute ophthalmologists is heading to Baton Rouge this week aboard the institute's 40-foot Vision Van to treat displaced victims of Hurricane Katrina who have lost eyeglasses and suffered other vision problems because of the storm. The Panama City Boatmen's Association sent a three-truck convoy to Louisiana and Mississippi. Among the supplies: 150 cases of water, 80 cases of Gatorade, and 10 large bags of dog and cat food because the evacuees said they had something to eat, but their pets were literally starving. Similar stories can be heard from throughout the State of Florida. Members of our Armed Forces and our National Guard have also answered the call and sought to help. But I want to particularly talk about a Florida resident and Navy pilot. LT J.G. Bale Dalton is a member of Helicopter Sea Combat Squadron 21--the Blackjack Squadron out of San Diego. When the call came through that hurricane relief was needed, his squadron flew helicopters across the country in order to be there in time for them to help. Now his father, who is my dear and long-time friend--currently my general counsel--Skip Dalton, has allowed me to read a little bit from his communications in those first few frantic days. Writes LT J.G. Bale Dalton, on September 3: My first flight into New Orleans was incredibly hectic. We went due east from Pensacola, so I was not able to see any of the Mississippi coast. The scene was chaos. Hardly anyone was able to get into the city on the ground, and the water was still rising. Helicopters from all services and even civilians were operating in the area, rescuing people and bringing food and supplies to rally points. An airborne command and control element P-3 was tasking airplanes as fast as they could, but most often they were not able to give more than a GPS coordinate and a ``good luck.'' Another entry from September 3: We were sent to a nursing home to remove what we thought were invalid older people. What we found was a small island of land with a field large enough to land three helicopters around what used to be a nursing home. We moved approximately 50 people--all families that were directed by New Orleans police to that spot. September 4: No rest for the weary. After returning to work with about five hours of rest (not sleep, just time from landing to briefing again) we again began to build a picture of what was going on. People that had been stranded since the day the storm hit were beginning to come out of the woodwork. It was obvious that the first priority was to save people from the rising tides. I went back into New Orleans later that day with a mission to find fire buckets and begin putting out fires. Here is another entry from later that day: We attempted to hoist people from an apartment complex into our helicopter, but were refused when they saw an ambulance a few blocks away that they were going to try to swim to. Hard to understand for me, but I am sure the thought of being hoisted up on a wire to a helicopter is a scary prospect for most people. We moved from that area to an affected area in the northern part of the city to begin evacuating another group of people gathered by the police. We landed on a tennis court to get these people. They had not had food or water for five days. I could go on and on with stories of Floridians helping out in the gulf coast, providing relief, aid, assistance, and, as you heard in the case of Navy LT J.G. Bale Dalton, rescuing people from the rising tides. But dramatic as these stories are, they are not unusual. This is what America is all about. If there is a need, Americans are there to help. Given the impact of the stories and images of the devastation, I understand how our hearts and minds are turned to these current problems. But I am humbly here to ask that we simply do not overlook the fact that there has been a lot of suffering in Florida, that we, too, have suffered significant losses as a result of four very difficult hurricanes last year--an unprecedented number of major hurricanes to hit, crisscrossing the State of Florida--only to be revisited again by Hurricanes Dennis and Katrina this year. The extent of hurricane damage from last year was severe. In fact, we continue to try to dig out from under it. Affordable long-term housing is one of the serious problems we are facing in Florida not only because of so much housing stock, particularly the affordable type, that was damaged last year, but now with the influx of evacuees into the State, some real long-term problems are beginning to present themselves. I have contacted the President and Agriculture Secretary Mike Johanns. I have talked with FEMA and my colleagues in the Senate. We have received some measure of assistance, but we must continue to look forward to the time when all Floridians will be made whole and when life will begin to be normal again for all Floridians. Katrina did pay us a devastating visit in the early part of that storm. So while we continue to pour our hearts out to those in the gulf coast, I do have to hope that the people of Florida will not be forgotten, as we seek to make all of the necessary decisions for the relief and recovery not only short term and medium term, but where Florida is now in the long term, when the needs of long-term housing, the needs of long-term health care problems, the needs of reconstruction of public facilities, such as schools, become all the more necessary. I yield the floor.

Mr. MARTINEZ

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

Mr. MARTINEZ. Mr. President, I further ask unanimous consent that I be allowed to speak as in morning business.

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, I rise today to reach out to my colleagues in the Gulf States and to all of the residents of Louisiana, Alabama, and Mississippi. The devastation and destruction experienced by Florida's neighbors is like nothing this country has ever experienced from a natural disaster. The great State of Florida has had its own recent struggles to recover not only from the four hurricanes we experienced last year but from two already this year, Dennis, which hit Florida's panhandle, and Katrina, which first made landfall in Miami and Dade County before making its way over the Gulf of Mexico to continue on its path of destruction. As Floridians, we all know well the pain and destruction wrought by hurricanes, and we feel a special kinship for our brothers and sisters in Louisiana, Mississippi, and Alabama. We have a great sense of duty to help our neighbors through this difficult time, just as they so selflessly helped us during our time of need last year. We, as a nation, have all begun to appreciate how fragile our very existence is in the face of this incredible force of nature. The loss of life and the scope of the destruction are beyond our capacity to understand. The feeling of isolation, despair, desolation experienced by those in the wake of a storm, and their families, is beyond consolation. Having only too recently been the recipient of our own neighbors' good will, comfort, and support in the wake of our own struggles, Floridians stand ready to respond in kind. Today the news reports that over 25,000 evacuees are expected in central Florida, bringing it close to the point of strain on the local resources because of that kind of activity. Thousands of Floridians are already helping. More are asking how they can help. Citizens have contributed to numerous nonprofit groups that in turn are sending truckloads of supplies to hurricane- damaged areas. Our National Guard troops are now stationed in Mississippi, Louisiana, and Alabama, providing much needed manpower to the ongoing recovery efforts. Our law enforcement and fire department personnel have sacrificed time with their families so they can be in Louisiana, Alabama, and Mississippi providing emergency aid and security. Church groups have offered temporary housing, and schools in Florida have offered to take students displaced by the disaster. I am proud of the way Floridians and all Americans have reached out in this great time of need for our country. We will continue to help our neighbors, continue to keep them in our prayers, and continue to mourn the loss of so many of our fellow Americans through such a powerful natural disaster. While we certainly cannot avert our eyes and attention from the human suffering, we must also recognize the tremendous outpouring of love, support, and compassion directed to those who have lost so much. The American spirit of unity and survival is reflected in the response to the American Red Cross, the Office of Housing and Employment for the Displaced, the offer of neighboring public universities to accept students from Louisiana to avoid interruption in their education. These all serve to remind us that for all our differences, we are all one people, and we will take care of our own. Many have raised legitimate concerns about the level of our preparedness as a nation for the disaster, but now is not the time for recrimination. The time for examination and for determining lessons learned will soon come, but for now we must not be distracted from the mission of delivering aid and comfort to those who so desperately are in need and we must begin the process of rebuilding. The rise of rhetoric will not empty the flood waters, provide relief to the living, bury the dead or rebuild our cities. Together we can begin to restore hope to those where hope has been lost. Together we must move forward in good faith as one nation. As we look to the future, we have a responsibility to examine our disaster readiness at every level of Government. When lives are at stake, there is no room for territorial or jurisdictional turf wars. We must make certain no lives are lost that might otherwise be saved with proper planning, training, and cooperation among Government agencies at every level. I look forward to working with my colleagues in the Congress to be certain that that goal is achieved. Our country has been through very challenging times. We have suffered through terrorist attacks on our homeland, wars in Afghanistan and Iraq, and most recently Hurricane Katrina and surging oil prices. Yet through all of this, the American people have moved forward with optimism and determination. It is our way. We are a resilient people. Because of the incredible resiliency of the American people, we will recover from Katrina and we will be stronger and we will be better.

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, I would be remiss if I did not take a moment to say what a great loss our country has experienced with the passing of our Chief Justice William Rehnquist. William Rehnquist was a man of deep integrity and honor, a true public servant. He served our country well, always keeping an eye toward tradition and working to bring constitutional reason to the complex questions of our nation. Our country is better for the guiding hand he placed on the Court. His resolute spirit will be missed. Chief Justice Rehnquist's leadership brought the Court through three decades of very tumultuous times. September 17 of this year would mark the 29th year of his tenure as Chief Justice. This term exceeds that of every other Chief Justice in our nation's history, with the exception of Chief Justice John Marshall, who served for 34 years. He led the judiciary with resolve and a steady hand. He will be greatly missed by his family, his colleagues, the Court, and by a grateful nation. As we turn our attention in the coming weeks to the confirmation process to consider the President's nominee to serve as the next Chief Justice, it would be appropriate to pause and reflect on the service to our country provided by this man of exceptional intellect who served his Nation long and faithfully. I yield the floor.

Mr. MARTINEZ

Mr. MARTINEZ. Mr. President, my colleague from Florida, the senior Senator from Florida, I understand is interested in participating in the debate. At the request of the majority whip, I will be happy to yield a portion of my time. I have not discussed that.

Mr. MARTINEZ. I thought maybe the proponent would want to go first. I am happy to have him go, and I will respond once he has an opportunity to present his amendment.

Mr. MARTINEZ. In closing, I would like to say a couple of words about the broader policy toward Cuba because I know that part of this has to do with whether, in fact, we believe that the policy of this country toward Cuba is misguided or actually correct. The policy of this country toward Cuba has been enshrined in a study that was carried out by Secretary Powell, myself, and others on behalf of President Bush to try to arrive at a consensus way in which we would look at Cuban policy well beyond the fact of an embargo. An embargo had been in place for a long time, but that in and of itself did not constitute a policy. The fact is, it was then a multifaceted approach that was chosen. Included among those facets, one of the most important underpinnings of it was the free information flow to the people of Cuba. Radio and TV Marti are only one of the means in which it is done. One has to understand this in the context of a society that is closed, that does not permit people to seek information as casually as we do today by going on the Internet. The Internet is denied to the people of Cuba. Access to news and information is denied to the people of Cuba. Cuba has always had the unfortunate circumstance of being an island, which has deprived it of communication and contact with other people in the Western Hemisphere. As a result of that, the ease of information control is greater there than it would be in many other places. That has been a great detriment to the Cuban people in being unable to free themselves from the shackles of oppression for now over 45 years. Today we ought to defeat this amendment. We did so just a couple of weeks ago. This, again, is the same issue, the same time, the same misguided look at the way in which we want to see the people of Cuba have the opportunity for the free flow of information. So I urge my colleagues to defeat this amendment and to, once again, allow the people of Cuba to hear and see the voices and sounds of freedom, the voices and sounds of liberty, as they seek to themselves regain that for themselves.

Mr. MARTINEZ. Mr. President, a few weeks ago this same amendment was defeated in the Senate by a large majority. I urge my colleagues once again to defeat this bad amendment. The fact is, the people of Cuba have had these signals jammed by the Cuban Government because the Cuban Government places such a high value on controlling information and because it places such a high value on controlling how the people of Cuba think. With the addition of airplane flights, we have now been able to get the signal to the Cuban people because the signal is not in one fixed point. It can move about. As it moves about, the people in Cuba can, in fact, receive the signal and did, in fact, see me take my oath of office on the Senate floor. As the first Cuban American in this Senate, it was a historic moment for the people of Cuba, and it was an exciting thing for them to see. These are the kinds of voices and visual images that are encouraging the dissident movement within Cuba that is increasingly becoming more known and better known by the people of Cuba through the signals and the radio transmissions of Radio and TV Marti. I urge my colleagues to join with me and my colleague from Florida, Senator Nelson, in defeating the amendment.

Mr. MARTINEZ. How much time remains?

Mr. MARTINEZ. Mr. President, if I may, I would like to be heard on the amendment. I rise to oppose the amendment because anytime someone would offer an amendment that is going to deny the Cuban people the opportunity to hear the voices and see the signs of freedom, I do not believe that is an appropriate amendment, and I oppose it. I want to correct a couple of misperceptions. The Senator from North Dakota relishes showing the balloon photographs. I have heard him on several occasions discuss the unfortunate incident where apparently the wind blew it into the Everglades, which is inconsequential as to whether, in fact, it reaches Cuba. The fact is that technology began and the Cuban Government began to jam it. The Cuban Government jams that information coming into the Cuban people and the images of TV for some reason or another. It is obvious to them that it does harm to their political interests for the people of Cuba to see these images of freedom. So I would discount the fact that because Cubans do choose to take that dangerous route of coming through dangerous, treacherous waters, where more than one-third of them perish and die, and they do understand the difference between freedom and tyranny, and out of desperation may come to this country, that the information that they receive through the images of TV Marti are, in fact, remarkable and important. I also say that while Radio Marti does reach Cuba, the quantum importance of adding the images of television to those of radio are the same impact of the reasons I would daresay that most of us who have run for office in recent years choose to do television ads in preference over radio ads even though television ads are much more expensive, because the power of the images on the television set are much more powerful than those of the spoken word over the radio. That is why it is so important that not only Radio Marti but TV Marti also reach the people of Cuba. I add to that, even though it has been jammed by the Cuban Government, the Cuban Government has been unable to jam the flights of Commando Solo, which is why they are so important as an added measure of policy of the United States towards Cuba. In fact, the Cuban people were able to see me take my oath of office as the first Cuban American in the history of this Nation to become a United States Senator from the very floor of this Senate with images of TV Marti broadcast to Cuba. So I would daresay that the information that I receive anecdotally but certainly reliably is that the people of Cuba do see the Commando Solo flights, do see the images reaching them on television. The power of these images on television cannot be understated or minimized. The fact is, the people of Cuba recently have suffered the ravages of yet another hurricane. As a result of that hurricane, it is unquestionable that the people of Cuba are desperate to know the facts of free information flow. For instance, the Cuban Government has refused humanitarian aid from the U.S. Government. We hear that most of Cuba today has blackouts given the fact that the hurricane destroyed large parts of the electrical system. Would it not be good to get the information to the people of Cuba that their dictator, their tyrant, while he sleeps in a comfortable, dry bed, does not want them to have the humanitarian assistance that our Government would provide? We know from reports that are received that the audio and video signals are seen in the provinces of Havana, where more than one-third of the population of Cuba lives, also in Matanzas and Villa Clara provinces. Villa Clara happens to be the part of the country where I come from. The fact is, the images in Cienfuegos, Pinar del Rio, Ciego de Avila, and Sancti Spiritus also have been seen and are seen frequently with the assistance of the airplane which cannot be jammed. Why would Castro, why would this dictator, why would this tyrant, jam the signals that come into Cuba if it was of no significance to them politically? The policy towards Cuba changed on that day in the Rose Garden where I had the honor, by the President of the United States, to be appointed to a Cuba study commission, which I cochair with Secretary Powell. One of the important tenets of this policy toward Cuba was, in fact, to include information flow and to make it effective, which is why we shifted from the balloon to the airplane, a way in which the information could get to the people of Cuba. I would finally say that the same arguments that are being made today against TV Marti are the same arguments as those that have been made against Radio Marti. The words that are being used on this Senate floor to further this amendment, the fact that the voices and sounds and signs of freedom are given no importance, is a completely different message than that which we sent to the world when Radio Free Europe was piercing the Iron Curtain, when Radio Free Europe was beaming signs of hope and a better future to the people of Eastern Europe. In talking to the Natan Sharansky and other heroes of those days, we know that they value greatly the partnership and the solidarity with the United States as they sought to stand up for freedom. As the dissident movement in Cuba, each and every day growing, seeks to get a foothold and a toehold, the information from Radio and TV Marti is essential to the creation of voices of freedom, of people who live on an imprisoned island without the ability to get information that we today regard as casual and everyday, which is the evening news or the broadcast of any events that may take place in the world. I yield time to my senior colleague, the Senator from Florida, so that he might speak on this issue.