[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
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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
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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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