[Congressional Record Volume 151, Number 15 (Monday, February 14, 2005)]
[Senate]
[Pages S1312-S1314]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

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  NOMINATION OF MICHAEL CHERTOFF TO BE SECRETARY OF HOMELAND SECURITY

  ACTING PRESIDENT pro tempore. Under the previous order, the Senate 
will proceed to executive session for the consideration of Executive 
Calendar No. 10, which the clerk will report.
  The assistant legislative clerk read the nomination of Michael 
Chertoff, of New Jersey, to be Secretary of Homeland Security.
  The ACTING PRESIDENT pro tempore. The Senator from Maine.
  Ms. COLLINS. Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Ms. COLLINS. Mr. President, I rise in strong support of the 
nomination of Judge Michael Chertoff to be the next Secretary of 
Homeland Security.
  Based on my personal interview with him and his sworn testimony last 
week before the Committee on Homeland Security and Governmental 
Affairs, I am convinced that he has the character and the 
qualifications to excel in what is one of the most challenging and 
demanding positions in all of Government.
  Let me begin my remarks today by first expressing my gratitude to the 
person whom Judge Chertoff seeks to replace. In the immediate aftermath 
of the attacks of September 11, Tom Ridge answered the call of service 
to his country. At a time when homeland security was little more than a 
concept, Tom Ridge stepped forward to begin the monumental task of 
making it a reality. He is a pioneer and a patriot. On behalf of all 
Americans, I thank Secretary Ridge and I wish him great success in his 
future endeavors.
  Judge Chertoff now steps forward to answer this call. The strengths 
and experience he brings are impressive. He has devoted a significant 
part of his life to public service as a Federal prosecutor in New 
Jersey, as head of the Justice Department's Criminal Division, and now 
as a Federal judge. As the overwhelming vote for his judicial 
confirmation 2 years ago demonstrated, as well as the unanimous vote by 
the Homeland Security Committee, he is well respected on both sides of 
the aisle. Since 9/11, Judge Chertoff has established himself as the 
leading expert on the legal and national security issues surrounding 
the war on terrorism.
  The debate on this nomination will take place in the context of where 
the Department of Homeland Security currently stands and where we want 
it to go.
  For the context to be complete, however, it is important we also 
consider the environment into which the Department was born. In the 
immediate aftermath of the attacks on our country on September 11, 
America was a nation determined to defeat terrorism, but we were still 
feeling our way toward an effective response.
  We knew from the start that protecting America from terrorism could 
not come at the cost of the freedoms that define us as Americans. In 
those perilous, uncertain days, however, the proper balance between the 
two seemed somewhat different than it does now in the relative comfort 
of today. Judge Chertoff recognizes the need for a constant 
reevaluation to maintain the proper balance between liberty and 
security. This is how he put it in a speech he gave at Rutgers Law 
School in 2003:

       Measures that are easily accepted in the sudden response to 
     overwhelming crisis demand somewhat greater testing in the 
     light of experience. In the heat of the battle, the 
     decisionmaker has to rely on foresight because he has no 
     hindsight. We should not, therefore, judge him in hindsight. 
     But at the same time, when hindsight does become available, 
     we would be foolish if we did not take advantage of the 
     lessons for the future.

  As to the nature of that balance, here is what Judge Chertoff said in 
response to a question I posed to him during his confirmation hearing:

       I believe that we cannot live in liberty without security, 
     but we would not want to live in security without liberty.

  Judge Chertoff does not just talk the talk of civil liberties; he has 
walked the walk. As both of my distinguished colleagues from New 
Jersey, Senator Lautenberg and Senator Corzine, pointed out when 
introducing this nominee to the committee, Michael Chertoff, as counsel 
to that State's legislature, played a key role in investigating 
allegations of racial profiling in traffic stops and in crafting 
legislation to address this important civil liberties issue.
  Nowhere is the tension between security and civil liberties more 
evident than in the matter of interrogating those detained in the war 
on terrorism. In his responses to our committee's written questions, 
Judge Chertoff made it absolutely clear that he believes torture is 
wrong, no matter where it occurs. His commitment to upholding the due 
process rights of those detained for immigration violations was 
unambiguous.
  His commitment to civil liberties is clear. At the same time, there 
is no doubt that he is a tough-minded enforcer of the law. As a Federal 
prosecutor, he built his strong reputation for aggressively fighting 
organized crime, corruption, and fraud in both the public and private 
sectors. His success in those fights was helped greatly by his 
willingness to work closely with agencies that are now part of the 
Department of Homeland Security, such as Customs and the Secret 
Service, as well as with first responders such as State and local 
police.
  In fact, on a recent trip to the Los Angeles area to study the 
security of our ports, I asked a wide variety of law enforcement 
officials what they thought of the nomination of Judge Chertoff. To a 
person, they enthusiastically endorsed his nomination. They felt his 
law enforcement background was precisely what the Department needs at 
this stage of this development.

  I also point out, as head of the criminal division at the Department 
of Justice in the aftermath of September 11, Michael Chertoff underwent 
a true trial by fire, managing a critical organization during a time of 
great stress. He knows what is needed to fight the war on terrorism, 
the importance of strategic planning, and the need to constantly 
improve information sharing and cooperation among agencies at all 
levels of Government. Our Nation will benefit greatly from these 
attributes and from the experiences he has had.
  The broad philosophy Judge Chertoff brings to this position is 
impressive, but so is his understanding of the myriad nuts-and-bolts 
issues that comprise Homeland Security. I was so impressed, when I 
questioned him in the first

[[Page S1313]]

interview in my office, with his extraordinary knowledge of all facets 
of the Department and its programs and policies. Coming from a State 
that is a major transportation center, Judge Chertoff knows the dangers 
we face from land, air, and sea, and the specific dangers each mode of 
transportation presents. But as he made clear to my committee, he also 
knows if we devote an inordinate share of scarce resources to one 
transportation mode, it will only increase our vulnerabilities 
elsewhere.
  I note that is one of the challenges this Congress is going to face 
in allocating Homeland Security grant moneys. If we focus too much of 
the funding on large cities, inevitably it will be our smaller towns 
and communities that are exploited by terrorists. We should always 
remember that while their targets may be our large population centers, 
the terrorists who trained prior to the September 11 attacks did so in 
small communities throughout our country. Indeed, two of the terrorists 
on that terrible day started their journey of death and destruction 
from Portland, ME. Those are some of the challenges Judge Chertoff will 
face.
  What most impressed me was Judge Chertoff's answer to my question of 
why, having just attained a lifetime position at the pinnacle of his 
profession less than 2 years ago, a position as a judge on one of the 
most prestigious courts in our country, he would sacrifice all that he 
had gained to take on such a difficult job. I was so impressed with his 
response because it shows the measure of this man, his willingness to 
sacrifice for his country and his commitment to putting the needs of 
our Nation first before his own personal needs. Here is his answer:

       September 11 and the challenge it posed was, at least by my 
     lights, the greatest challenge of my generation and it was 
     one that touched me both personally and in my work at the 
     Department of Justice. The call to serve in helping to 
     protect America was the one call I could not decline.

  What inspiring words: The call to serve in helping to protect America 
was the one call I could not decline. Judge Chertoff stepped forward to 
answer the call of his country to serve in this difficult and demanding 
post and to give up a lifetime appointment on the Federal bench.
  It is often pointed out that the job we are here to fill is so 
extraordinarily difficult because the stakes and the expectations are 
so high. We do not expect the Secretary of Transportation to eliminate 
all highway fatalities. We do not expect the Secretary of Labor to make 
layoffs obsolete. But the Secretary of Homeland Security is allowed no 
margin of error.

  In his statement to my committee, Judge Chertoff said he cannot 
promise such perfection. Indeed, no one can. But he did promise to work 
tirelessly and to do everything within the law to keep our Nation safe. 
That promise, combined with his character, qualifications, and 
extraordinary experience, makes it a privilege for me to 
enthusiastically present his nomination to my colleagues in the Senate.
  That background is also why I personally am very disappointed the 
Senate did not act last week to confirm this nominee. It has now been 
13 days since Tom Ridge vacated the Office of Secretary of Homeland 
Security. It is an urgent task for the Senate to act to confirm his 
replacement as soon as possible. I am disappointed a small minority on 
the other side of the aisle has sought to delay this nomination, first 
by objecting to a prompt markup by the committee and now by asking for 
extended debate. I am pleased my colleagues recognized the need to move 
fairly quickly and agreed to a vote on this nominee last week. However, 
given the extraordinary qualifications of this nominee, his willingness 
to serve the country, the extraordinary demands of this job, and the 
urgent need for there to be a new Secretary in place as soon as 
possible, I simply do not understand the decision by a few of my 
colleagues--and only a few of my colleagues--on the other side of the 
aisle to hold up this nominee.
  I hope we can conclude the debate expeditiously. It is so important 
we confirm Judge Chertoff so he can begin the very hard work of taking 
over this Department and pursuing policies to help keep us safe and 
make us more secure.
  I ask unanimous consent that the time during quorum calls be equally 
charged.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Ms. COLLINS. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the order for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. NELSON of Florida. Mr. President, in considering the nomination 
of Mr. Chertoff, I want to share with the Senate a conversation I had 
with him last week. It was about an issue that has plagued my State of 
Florida since last August, since we were hit by four hurricanes in a 
row within a 6-week period. That is enough that anybody should have to 
endure.
  FEMA, which will be under the leadership of the new Secretary, once 
confirmed, responded and did an admirable job to begin with. But since 
then, we have had some problems. You heard me speak about them almost 
ad infinitum over the course of the session in September and October, 
and then again when we came back after the election in our special 
session. Congress stepped up and appropriated $13.6 billion in 
emergency funding for that natural disaster series. I thank our 
colleagues for moving so quickly to address the needs of the people in 
Florida especially but the other States that were affected as well.
  I applaud the quick response, the coordination of the relief 
agencies, including FEMA, in the immediate aftermath of those four 
storms. In Congress we specifically directed that $8.5 billion of that 
money was going straight to FEMA to help hurricane victims.
  Well, I wish I could report that things are going smoothly. I cannot. 
I spoke with Judge Chertoff about these issues. I also spoke with FEMA 
Director Mike Brown in a meeting with other members of the Florida 
delegation.
  Boiled down, we have two big issues: The very slow, if any, 
reimbursement for debris removal off of private rights of way; and then 
a second issue, that money was being poured into areas that did not 
have hurricane velocity winds, while for the places that got hit the 
hardest, it is so very difficult for them to get the funds they need, 
and now those counties and cities are having to pay themselves without 
FEMA reimbursement.
  I hear on a daily basis from communities across our State that are 
having problems getting reimbursed for debris removal. Some of these 
counties and cities have even had to borrow money to go out and pay 
their bills while they are waiting for FEMA reimbursement.
  I will give you an example. Lake County, to the northwest of Orlando, 
submitted a $17 million bill for reimbursement months ago. Do you know 
how much they have received thus far? Three thousand dollars. There is 
no excuse for that. Plus, these counties that are begging, pleading, 
guess who they are coming to. They are coming to their handy-dandy 
Senator. They are begging and pleading for consistent information.
  I will give you an example. Santa Rosa County reports they submitted 
a request for $27 million in October. They have seen no reimbursement, 
and they are receiving mixed signals from FEMA as to what further 
information they may have to submit in order to get their application 
finally processed.
  I will give you another example: Charlotte County. Charlotte County 
is down on the southwest coast of Florida. It is where the first 
monster hit. Charley hit with full force, with winds of 145 miles an 
hour, right off the water. It came right off the Gulf of Mexico, up 
Charlotte Bay, and hit Punta Gorda in Charlotte County. The county 
officials have stated that one day a FEMA official will declare some 
piles of debris eligible for reimbursement and the next day a different 
inspector will look at it and declare it is ineligible for 
reimbursement. This has to stop.

  I will give you another example. Escambia County has received some 
relief but Pensacola, which is the main city in Escambia County, has 
not. This

[[Page S1314]]

is not how FEMA should be deciding to distribute our tax dollars.
  Then there is the other major issue of the distribution of FEMA 
dollars to those counties that did not have hurricane force winds. FEMA 
paid out $29 million--and just last week FEMA Director Brown defended 
it--to Miami-Dade County, where the highest winds were 54 miles an 
hour. Hurricane velocity winds do not start until you get to 74 miles 
an hour.
  I thank the chair of the committee, Senator Collins, who is in the 
Chamber with us, and Senator Lieberman, who have acknowledged there is 
something that needs to be told here. They have started an 
investigation, and they are looking into these allegations.
  So what do you expect is going on here? Well, that is what their 
investigation is going to get to the bottom of. I am looking forward to 
it.
  As I speak, I am going to vote for Judge Chertoff. As I said to him 
last week, he is going to be the leader of this gargantuan Department. 
He needs to make sure the components of his Department are functioning 
as they should, because we need to fairly and efficiently distribute 
FEMA dollars that we appropriated. And we appropriated lots of them: 
$13.6 billion. Those moneys need to address the issues that are 
plaguing these States such as mine, so that when this occurs in the 
future we will not have all of this trauma that our citizens are going 
through.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Maine.
  Ms. COLLINS. Mr. President, I thank and commend the Senator from 
Florida for his ongoing concern and interest in the operations of FEMA. 
At the Senator's request, the Homeland Security and Governmental 
Affairs Committee has initiated an investigation into the FEMA 
expenditures in his State as well as some other States where similar 
issues have arisen. We are working very closely with the Inspector 
General in conducting that investigation. I appreciate the Senator's 
interest in requesting the committee to conduct this investigation.
  I note that the Senator's more recent concerns, in his discussions 
with Judge Chertoff, are yet another reason why it is so critical we 
get Judge Chertoff confirmed and in place. The Department of Homeland 
Security faces a myriad of management challenges, and we need a strong 
Secretary on the job as soon as possible. The hearing the committee 
held was almost 2 weeks ago. I think it is very unfortunate that we did 
not move ahead and confirm the nominee last week.
  I think the Senator from Florida has given yet another example of 
some of the challenges Judge Chertoff will face. So I appreciate the 
comments of the Senator, my colleague from Florida. We look forward to 
continuing to work with him on this investigation and to improve the 
efficiency and effectiveness of FEMA.
  The ACTING PRESIDENT pro tempore. The Senator from Florida.
  Mr. NELSON of Florida. Mr. President, parliamentary inquiry: We are 
now on the nomination of Judge Chertoff?
  The ACTING PRESIDENT pro tempore. The Senator is correct.
  Mr. NELSON of Florida. Mr. President, would it be in order for this 
Senator to request 5 minutes to speak on an issue as in morning 
business?
  The ACTING PRESIDENT pro tempore. The Senator can make that request 
by unanimous consent.
  Mr. NELSON. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

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