[Congressional Record Volume 157, Number 63 (Tuesday, May 10, 2011)]
[Senate]
[Pages S2824-S2828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Tennessee Flooding
Mr. ALEXANDER. Mr. President, on Friday, I visited Memphis to see the
flooding along the Mississippi River myself, to meet with volunteers
who were helping, and to see the tremendously well coordinated efforts
of emergency workers who are meeting and working every day, long into
the evenings, and have been doing so for the last few weeks and will
continue to do so for the next several weeks.
I want to make sure that as the Federal Government's role for helping
arrives, we are doing everything we should be doing. It is quite a
sight in Memphis. The Mississippi River today is 14 feet above flood
stage. It is at a level that nearly equals the level in 1937. The river
is normally a half mile wide. Today it is 3 miles wide. A great many
people in Tennessee and Arkansas have been evacuated because their
homes are flooded with water.
As we saw a year ago in the Tennessee floods, which stretched from
Nashville to Memphis, and as I saw last Monday in Hamilton County near
Chattanooga, Tennesseans know how to respond to this kind of tragedy.
They are doing it again by helping one another and helping to clean up
rather than complaining and looting. It is an impressive sight. Bob
Nations, who is the director of the Shelby County Emergency Management
Agency, presides over daily meetings of maybe 50 or 60 people from a
variety of volunteer and governmental organizations, who are carefully
coordinated to deal with everything from watching the levees, to
looking for sand boils, to helping people evacuate, to dealing with
utilities that may be threatened by flooding. He is doing a tremendous
job.
COL Vernie Reichling, commander of the Memphis District Corps of
Engineers, was there on Friday. He has had a tough couple of weeks. He
was the one who had to blow up a levee in Missouri which hurt families
in that area but saved towns, whole towns that are down river along the
Mississippi River from irreparable damage, in northwest Tennessee and
also in Missouri. He was there providing us with the latest
information. Overall the Corps' work has been exemplary. So far none of
the levees around Memphis has been breached, and it appears none will
be breached, despite the high water.
The National Weather Service, both State and local officials have
been an important part of the efforts. The University of Memphis has
contributed daily maps that will predict where the water will go, which
have proved to be fairly accurate, which is enormously helpful to
volunteers and others as they find a way to help people evacuate when
they need to be evacuated, or before they need to be evacuated.
I visited with volunteers who were filling sandbags near the Pyramid.
These included off-duty military personnel from the Navy base nearby.
These included people from land that is going to stay dry in other
parts of Shelby County. They knew someone needed to help. I traveled to
Mud Island where the flood waters were continuing to rise. Officials
predict as many as 3,000 properties and 6 schools may be affected by
the flooding. One of the most impressive stories is that of Hope
Presbyterian Church and its pastor, Dr. Craig Strickland. The church
has organized up to 13 shelters, each of which could hold 150 to 200
individuals. Two of them were filled when I was there on Friday. More
of them are filling up. All of this is being done without any cost to
the government, without any cost to the individuals who are being
sheltered there. It is all being provided by the churches and
synagogues of Memphis. Reverend Strickland and Hope Presbyterian Church
deserve enormous credit for the role they are playing, along with
others, in Shelby County.
The Federal Government, through the efforts of the Corps, is leading
the fight. This is the largest flood in the history of the Mississippi
River and Tributaries project. The Mississippi is the third largest
watershed. The problem is it received 600 percent more rainfall than it
normally does in a span of 2 weeks. The Corps says it came in all the
wrong places. Over 4 million people are protected by the comprehensive
Mississippi River and Tributaries Project. It is being tested in ways
that it never has before. But the system so far is performing as
designed. The Corps has made some tough choices that I talked about
earlier. It is going to continue to need to make tough choices as the
water moves south.
The Memphis District has been fighting the flood since the 24th day
of April, relying on 500 people working 24 hours a day around the
clock. The Federal Government, through FEMA, the Federal Emergency
Management Agency, is also helping State and local officials evacuate
those in harm's way in advance of the floodwaters.
Governor Haslam of Tennessee requested, and our entire delegation has
supported, our State's request for emergency evacuation assistance to
help move residents in Dyer, Lake, Shelby, and Stewart Counties to
higher ground.
The President responded quickly, and we thank him for that. Over the
weekend, the congressional delegation also supported Governor Haslam's
request for Federal assistance to help victims in 15 counties recover
from the flood and severe storms that began impacting our State on
April 19.
Actually this is a different sort of request. The first was
evacuations; this is to help those recover. The record rainfall and
flooding has only added to the devastation caused by the storms. Last
night I learned the President has approved Tennessee's request to make
individual and public assistance available to families in the hardest
hit areas.
I would say to the Tennesseans who are affected by this, now that the
President has approved opportunities for individual assistance, I hope
they will take advantage of this. There is a telephone number to call.
It is 1-800-621-FEMA. That is 1-800-621-3362. Unfortunately, we have
had some experience with this telephone number in Tennessee in the last
year. The floods that came exactly a year ago, which hit counties from
Nashville to Memphis, produced enormous devastation, $2 billion alone
in Davidson County. What we found with FEMA, once the President had
granted the assistance, that Tennesseans who called that telephone
number got a quick response, usually had an inspector there within a
few days, and in most cases where there was damage, received a check of
up to $30,000 within a few days. We hope that happens again, although
we understand there is terrible devastation in hundreds of counties
right now around the country, especially in Alabama and the eastern
part of Tennessee. But I want to make sure that residents and neighbors
in Tennessee know that the FEMA number, 1-800-621-FEMA, is available
now to be called.
The first thing they will do is ask for your ZIP code. After that,
they will have a chance to provide help. The most important thing that
Tennesseans can do in preparation for that is to document the loss.
This flood will impact our State for weeks. The river only crested
last night, the second highest flood stage
[[Page S2827]]
ever recorded. It will take days for the waters to recede. Only then
will we know the true extent of the damage. The volunteers and the
emergency crews and the church shelters will be open for a long time
after today.
I am proud of the Tennesseans who are responding, from the Corps of
Engineers' personnel, to the Hope Presbyterian Church shelters, to the
professionals with Mr. Nations. It is an admirable sight.
Senator Corker and I and our entire delegation are working together
to make sure that we do all we can to expedite Federal help in response
to this historic disaster that has occurred in the western part of our
State.
I ask unanimous consent that two letters I am passing to the desk be
printed in the Congressional Record immediately following my remarks.
They are the two letters our delegation has sent to the President
making a request for a declaration for disaster assistance.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Congress of the United States,
Washington, DC, May 7, 2011.
The President,
The White House,
Washington, DC.
Dear Mr. President: On behalf of the State of Tennessee, we
urge you to approve Governor Bill Haslam's request to declare
a major disaster due to severe storms, straight-line winds,
tornadoes, flash flooding and river flooding that began on
April 19, 2011.
Residents all across our State are faced with devastation
from multiple disasters, and Governor Haslam has determined
that this incident has caused so much damage that federal
assistance is necessary. Flooding along the Mississippi River
has compounded the impact of the storms that swept across the
Southeast, and will continue to impact our State for weeks.
Thousands of our constituents are now dealing with the
challenge of rebuilding their homes, while many in West
Tennessee are still under the threat of catastrophic
flooding.
The Governor's request specifically seeks Public Assistance
for all categories, under the provisions of Section 401 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, for Benton, Carroll, Crockett, Dyer, Gibson,
Henderson, Henry, Houston, Lake, Lauderdale, Madison,
Montgomery, Obion, Shelby and Stewart Counties, as well as
state-wide assistance through the Hazard Mitigation Grant
program. This assistance is critical to help local
governments begin debris removal and start putting their
communities back together.
In addition, the State is seeking Individual Assistance for
Dyer, Lake, Obion, Shelby and Stewart Counties, making
residents of these counties eligible for the Individuals and
Households Program, Disaster Unemployment Assistance, Crisis
Counseling, the Supplemental Nutrition Assistance Program,
Disaster Legal Services and Small Business Administration
disaster loans. Without this federal assistance, many
families will simply not be able to recover.
Officials with the Federal Emergency Management Agency have
been working with State and local officials since the
beginning of this incident, and we are grateful for their
efforts to respond to Tennessee's needs. We ask that you
consider our State's request as soon as possible, and our
offices can provide you with any additional information
should you have any questions.
Sincerely,
Lamar Alexander, U.S. Senator; Bob Corker, U.S. Senator;
Steve Cohen, Congressman; Marsha Blackburn,
Congresswoman; Jim Cooper, Congressman; Chuck
Fleischmann, Congressman; Phil Roe, Congressman;
Stephen L. Fincher, Congressman; Diane Black,
Congresswoman; Scott DesJarlais, Congressman; John J.
Duncan, Jr., Congressman.
____
Congress of the United States,
Washington, DC, May 3, 2011.
The President,
The White House,
Washington, DC.
Dear Mr. President: On behalf of the State of Tennessee, we
urge you to approve Governor Bill Haslam's request for
emergency funding to help state and local authorities in
Dyer, Lake, Shelby and Stewart counties to begin evacuation
preparedness activities in advance of the flooding along the
Mississippi, Tennessee, and Cumberland Rivers.
The flooding along the Mississippi River and its
tributaries is historic. Heavy rainfall across the region has
also caused major flooding along the Tennessee and Cumberland
Rivers, In Tiptonville, which has been under a voluntary
evacuation order since last week, the Mississippi River is
forecast to reach the highest flood stage ever recorded. In
the City of Memphis, the forecasted crest has been increased
to 48 feet, and residents are being told to prepare for the
worst. Those living along the Cumberland River in Stewart
County, many of whom are still recovering from last year's
floods, are also beginning to evacuate.
Governor Bill Haslam and the Tennessee Emergency Management
Agency are working in cooperation with local officials to
meet the needs of our citizens, but they need federal help.
The requested funds are critical to support our state's
evacuation efforts, which may be extensive, and we cannot
afford to delay.
In light of the need to begin evacuations quickly, we urge
you to consider our State's request as soon as possible, and
we will provide you with any additional information about our
State's needs should you have any questions.
Sincerely,
Lamar Alexander, U.S. Senator; Bob Corker, U.S. Senator;
Steve Cohen, Congressman; Marsha Blackburn,
Congresswoman; Jim Cooper, Congressman; Chuck
Fleischmann, Congressman; Phil Roe, Congressman;
Stephen L. Fincher, Congressman; Diane Black,
Congresswoman; Scott DesJarlais, Congressman; John J.
Duncan, Jr., Congressman.
Mr. ALEXANDER. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mrs. BOXER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. BOXER. Mr. President, it is my honor to be here to support the
nomination of Judge Edward Chen to the Northern District of California.
I congratulate Judge Chen and I congratulate his family on this
momentous day that is long overdue. I wish to thank Senator Feinstein
for her hard work and her leadership in support of Judge Chen's
nomination.
I think the way we do our judge recommendations in California is
exemplary. What we do is, we each have a committee that advises us, and
they come up with the names of a few people who they think are the top
choices. Then, each of us makes that recommendation to the President.
Judge Chen was her nominee.
Judge Chen has had a distinguished career. He enjoys broad support
and respect in California's legal community. When I heard the remarks
of my colleague from Iowa, Senator Grassley, it broke my heart because
it doesn't sound to me as though he knows Judge Chen. He seems to be
criticizing someone else--someone who sets aside the law. That is not
Judge Chen. Judge Chen will make an outstanding addition to the Federal
bench.
Since 2001, Judge Chen has served as a magistrate judge in the
Northern District of California, where he has issued over 350 published
legal opinions. Before coming to the bench, Judge Chen was a respected
civil rights lawyer and part of the trial team that successfully
overturned the wartime conviction of Fred Korematsu. He made history
when he became the first Asian-American magistrate judge to serve in
the Northern District. Today, Judge Chen takes another history-making
step if he is confirmed--and I surely hope he will be--because when he
is confirmed, he will be only the second Asian American in the 150-year
history of the Northern District to be confirmed as a judge.
In our great Nation, we are a melting pot. I don't believe we can
have the kind of justice our Founders envisioned unless we have juries
of our peers and we have judges who also represent the broad quilt that
is America. I think this is something to talk about, not to ignore.
While I am proud we are finally going to vote on the confirmation of
Judge Chen, I have to again express frustration that it took so long to
reach this point. Judge Chen was nominated over 21 months ago. I ask
everyone to think about this--the family, everybody waiting for this
moment, years and years on the bench with an outstanding record. I
remember attending Judge Chen's confirmation hearing in September 2009.
He was nominated for a judicial emergency seat, one that has been
vacant since April 2008. That is a judicial emergency. We don't have
enough judges. So one would think we would move quickly on this.
Following his hearing, his nomination was held up by an unprecedented
campaign of obstruction, unfortunately, by my friends in the Republican
Party. They refused to allow an up-or-down vote, and they forced the
White House to renominate Judge Chen, not once, not twice, not three
times but four times--
[[Page S2828]]
four times. I tell my colleagues, I have read their objections, and
they boil down to this: They object because once he worked as a staff
attorney for the ACLU handling civil rights cases.
This is a man who received the highest rating from the American Bar
Association. They gave him the ``well qualified'' rating. So I have to
ask my colleagues why they would object to someone who did a good job
defending the Constitution. By the way, I don't agree with the ACLU all
the time, believe me. I am surprised at this objection. For example,
the ACLU and the tea party in my State right now--in northern
California--are working together to oppose free speech restrictions in
front of the Redding Library. In fact, the ACLU and the tea party filed
parallel lawsuits to strike down the restrictions.
So my friends on the other side who give the tea party a tremendous
amount of support, I am a little surprised they would go after the
ACLU, which is partnering with the tea party in defending the
Constitution. It is hard for me to believe that because Ed Chen was
once a staff attorney for the ACLU, he would come under this kind of
fire.
They never objected to anything from his 9 years as a magistrate
judge, not one complaint about any of the opinions he has written.
Judge Chen's record as a fair and impartial judge since 2001
demonstrates clearly that he understands the difference between being
an advocate and being a judge.
So I don't think we should say anyone who was ever the staff attorney
for this organization or that organization is barred from getting
promoted. That is a sad thing. I don't think people should be voted
down or voted against because they stand for equal rights and civil
rights. If anything, we ought to say: That is great, because we all
want our civil rights protected. We all want our rights that are
guaranteed to us in the Constitution protected.
Judge Roberts, the Chief Justice, has called on Senators to stop
playing politics with judicial nominees. I have to say, to me, this
sounds like politics. You don't like an organization, so then you say
someone who has been a judge for 9 years--you have no complaints about
him--go back 10 years and now say because you don't like that
organization, they can't be promoted.
Chief Justice Roberts has warned that delays in filling vacancies has
created acute difficulties in some judicial districts. That is a quote.
Let me read it. The delays in filling vacancies ``has created acute
difficulties in some judicial districts.'' Certainly, we know in this
district we have been in an emergency situation.
It is time to get Judge Chen seated so he can continue serving the
people of northern California as a district court judge. I commend
Judge Chen for his strength and his perseverance over the past 21
months. This has not been an easy process. I commend his family for
standing by him. I again commend Senator Feinstein for fighting for
him, and I commend everybody here who was able to somehow hammer out an
agreement to have an up-or-down vote on this very talented man.
I close with great hopes that we are going to get this nominee
confirmed. In advance of that--and I hope I am right in doing this--I
wish to congratulate Judge Chen and his family.
I urge my colleagues to cast their votes to confirm this highly
qualified and respected nominee to the Northern District and make
history in doing so and be proud in doing so and know that when we put
qualified people on the court who bring a different background to the
court, we are doing something very positive for America. That is what
America is. I am a first-generation American on my mother's side, and I
can tell my colleagues what I learned from her: that we should kiss the
ground in this country. As I grew up, I realized that one of the great
things about our country is we are such an experiment in democracy.
People from every background, every religion, differences, but we
believe in one thing; that is, protection of our rights and the belief
in freedoms we get from this Nation and we vow to protect those
freedoms. Part of protecting those freedoms is putting people on the
bench who understand that. As Benjamin Franklin once said: You have a
Republic if you can keep it. The way to keep it is not to bar people
from getting these up-or-down votes. Put good people on this bench. You
can vote no. You can vote yes. Yes, there are times when we say we want
a supermajority, but for Ed Chen, I can tell my colleagues right now,
this isn't one of those times. I look forward to his positive vote.
Mr. President, I ask unanimous consent that the time that is unused
during the quorum calls be charged to both sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. BOXER. I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Franken). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. KIRK. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KIRK. Mr. President, I ask unanimous consent to speak for 10
minutes as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.