[Congressional Record Volume 152, Number 111 (Monday, September 11, 2006)]
[Senate]
[Pages S9287-S9289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT

  The PRESIDING OFFICER. Under the previous order, the hour of 4 p.m. 
having arrived, the Senate will resume consideration of H.R. 4954, 
which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 4954) to improve maritime and cargo security 
     through enhanced layered defenses, and for other purposes.

  Pending:

       Stevens (for DeMint) amendment No. 4921, to establish a 
     unified national hazard alert system.
       McCain modified amendment No. 4922, to provide increased 
     rail transportation security.

  Mr. INOUYE. Mr. President, we are ready to proceed, but other Members 
are not here. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 4926 to Amendment No. 4922

              (Purpose: To provide improved rail security)

  Mr. STEVENS. Mr. President, I send an amendment to the desk and ask 
that it be considered to the pending bill.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens], for himself, Mr. 
     Inouye, Mr. McCain, and Mr. Lautenberg, proposes an amendment 
     numbered 4926 to amendment No. 4922.

  Mr. STEVENS. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. STEVENS. Mr. President, this second-degree amendment offered by 
Senator Inouye and myself, with Senators McCain and Lautenberg as 
cosponsors, simply adds the additional rail security provisions of S. 
1052, the Commerce Committee's Transportation Security Improvement Act 
of 2005, to the McCain amendment. The provisions in the second-degree 
amendment address rail worker security training, rail security public 
awareness, hazardous materials threat mitigation, railcar tracking, and 
update a few of the provisions that are in Senator McCain's provisions.
  Taken together with Senator McCain's Rail Security Act of 2005, which 
Senator McCain offered to this bill, this amendment and Senator 
McCain's bill will form the rail security title of S. 1052 that was 
unanimously supported by the Commerce Committee. It is supported by 
both the railroads and the rail workers, and I urge its adoption.
  I again say it is an amendment cosponsored by Senator Inouye, myself, 
Senator McCain, and Senator Lautenberg.
  Mr. INOUYE. Mr. President, I associate myself with the remarks of the 
Senator from Alaska, our chairman.
  Mr. STEVENS. I urge the adoption of the second-degree amendment.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
4926.
  The amendment (No. 4926) was agreed to.
  Mr. STEVENS. I now ask for approval of Senator McCain's amendment, as 
amended.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
4922, as amended.
  The amendment (No. 4922), as amended, was agreed to.
  Mr. STEVENS. I ask unanimous consent to reconsider both those actions 
at the same time. I ask that they be reconsidered and the motions be 
laid on the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Kyl). Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I ask unanimous consent Senator Clinton 
be added as a cosponsor to the Stevens second-degree amendment to 
Senator McCain's amendment No. 4922.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 4927 to Amendment No. 4921

  Mr. STEVENS. Mr. President, I send to the desk an amendment proposed 
by Senator DeMint for Senator Inouye and myself, to the amendment 
numbered 4921, proposed by Senator DeMint. I ask it be considered.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens], for Mr. DeMint, for 
     himself, Mr. Stevens, and Mr. Inouye, proposes an amendment 
     numbered 4927 to amendment No. 4921.

  Mr. STEVENS. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.''
  Mr. STEVENS. I ask unanimous consent this be considered a complete 
substitute for the DeMint amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. I am pleased to offer this amendment on behalf of 
Senator DeMint. The second-degree amendment clarifies some issues in 
the legislation

[[Page S9288]]

and improves this important legislation. It has been agreed to now by 
Senator Inouye and myself and by Senator DeMint. I think we are closer 
to passing the WARN Act. We have been working for 3 years through the 
Homeland Security and appropriations bill to move DHS to improve the 
national alerting system. This amendment is a large step forward.
  If the worst happens and there is a successful attack on one of our 
ports, we need a tool to effectively alert communities surrounding the 
port. The purpose of this amendment is to do just that: to move the 
emergency alert system out of the area of broadcast radio and 
television into the wireless era. We need to give the Nation an 
alerting system that harnesses all the capabilities of the digital age.
  When disaster strikes, we know not everyone will be listening to the 
radio or television, but almost all Americans will be carrying a mobile 
phone, a Blackberry, or a PDA. There are over 200 million wireless 
subscribers in the United States.
  This is crucial because regardless of when or where disaster strikes, 
be it American seaports, a rail terminal, or an airport, minutes save 
lives.
  This amendment will provide a tool for emergency managers at all 
levels of Government--Federal, State, or local--so they can quickly and 
effectively reach all affected individuals with specific lifesaving 
instructions. In addition to the threat posed by terrorist attacks, 
this system, the system created by this amendment, will give our 
managers the ability to alert communities of other hazards such as 
natural disasters or manmade accidents.
  It is already funded. I worked during last year's budget 
reconciliation bill to provide $106 million for this program.
  I urge our colleagues to vote for the amendment and move the Nation 
one step forward to having a modern public safety alerting system.
  I urge the adoption of this second-degree amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 4927) was agreed to.
  Mr. STEVENS. Mr. President, I move to reconsider the vote, and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. Mr. President, we will shortly have a request for a vote 
on this amendment, as amended. Hopefully, it will take place around 
noon tomorrow.
  I know of no other business we have to come before us tonight. We 
will await the wrapup statement to be sent to us by the leader's 
office.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. 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 PRESIDING OFFICER (Mr. Cornyn). Without objection, it is so 
ordered.
  Ms. COLLINS. Mr. President, it is my understanding that either 
shortly this evening or tomorrow the Senator from South Carolina will 
be coming to the floor to speak on the agreement that has been worked 
out among all the players, which is based on legislation he introduced, 
S. 1753, the Warning Alert and Response Network Act, the so-called WARN 
Act. This amendment would create the national alert system which will 
contribute to a strengthened emergency management system for our 
country. The amendment will create a national alert office within the 
Department of Homeland Security and will ensure that the office will 
work closely with the National Oceanic and Atmospheric Administration, 
NOAA, to bring together the wealth of expertise in both of these 
agencies to create an alert system that will transmit alerts in 
response to all threats to public safety, whether they are a terrorist 
attack, a natural disaster or a manmade accident.
  The amendment directs this new office to develop a 21st century alert 
system that takes advantage of new technologies, including technologies 
to better alert underserved communities.
  Five years ago, all of us remember the frustration of trying to get 
accurate information. Most of us found that our cell phones were no 
longer functioning. At that point, we did not have Blackberries, and we 
had a very difficult time communicating.
  The legislation that Senator DeMint has authored helps to respond to 
that need to disseminate information quickly and accurately to the 
public using a variety of tools. The new system would use multiple 
modes of communication, providing alerts not only by television and 
radio but also cell phones, Blackberries, and other wireless devices 
such as the Internet, satellite television, and other means of 
communication.
  The DeMint proposal builds on the recommendations of the White House 
Katrina Report to employ all available 21st century technologies both 
to update and utilize the National Emergency Alert System in order to 
provide the general public with advanced notification of, as well as 
instructions during, a disaster or other emergencies.
  We need a warning and alert system in this country that keeps pace 
with new technologies and an increasingly mobile society. No longer is 
it adequate to depend on television and radios to disseminate 
absolutely critical public safety information.
  I believe that the approach in this amendment will save lives by 
creating a system with the capability to alert individuals to dangers, 
whether they are watching television, driving in their cars or sitting 
on the beach with a cell phone and a Blackberry. Yes, some of us take 
the Blackberry and the cell phone even when we are on the beach.
  I thank Senator DeMint for his work on this important amendment. I 
thank the Commerce Committee, which has worked very closely with the 
Homeland Security Committee to work out some issues, and I am pleased 
to support its passage as amended by the amendment of Senator Inouye 
and Senator Stevens.
  Thank you, Mr. President.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DeMINT. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 4921

  Mr. DeMINT. Mr. President, I will speak on my amendment, which is 
based on legislation I introduced last year called the WARN Act.
  First, I thank the managers of this legislation for their tireless 
work, particularly Senator Collins and Senator Stevens, who have helped 
bring this amendment up for consideration.
  America needs the world's best port security. This legislation we are 
debating will help America get it.
  While our Nation has come a long way in preparing for the threat 
posed by natural disasters and terrorist attack since the creation of 
the Department of Homeland Security, there are still areas where we can 
and must do better.
  If, God forbid, there is a successful attack at one of our ports, 
minutes will make the difference between life and death for many 
citizens in the surrounding communities. To save lives, our first 
responders will need the tools to immediately communicate with people 
in harm's way.
  For decades, the emergency broadcast system has largely been the only 
available tool. As people are increasingly on the move, getting word 
out via television and radio alone is not effective. We need to do 
more.
  This amendment does that by building on the foundation of the 
emergency broadcast system and bringing it into the 21st century. Over 
200 million Americans subscribe to wireless services, Blackberrys, cell 
phones or other PDAs. This amendment leverages these new mobile 
capabilities, in addition to television and radio, to provide alerts 
that will save lives during disasters.
  Wireless networks have enthusiastically endorsed the WARN Act and 
look forward to competing with each other to create the best system.
  The need for this system is obvious. Whether it is the foiled London 
airline bombing plots or the train attacks in India, we are constantly 
reminded we must be vigilant in our efforts to secure America's 
homeland. One year ago, terrorists brutally attacked the London subway 
system, killing dozens. We have since discovered that terrorists were 
targeting commuter lines

[[Page S9289]]

running under the New York Harbor. In July, we saw terrorists in India 
kill 300 innocent men, women and children and injure over 700.
  If the unthinkable happens and we are attacked with a chemical, 
biological or radiological weapon, we must be prepared to respond. The 
WARN Act does this, establishing a system that represents a major 
advance in emergency management. One of the most effective ways to save 
lives is to keep people out of the impacted areas and efficiently 
evacuate those who are already affected. Under this new system, we will 
be able to tell some people to stay where they are if it is safe; 
others can be given instructions to evacuate in certain directions 
depending on their location and the direction of the wind or they could 
be told how to avoid the impacted area all together, preventing first 
responders from being forced to manage new victims.
  While the system would be a crucial tool in saving lives in the event 
that there was an attack at one of our ports, the uses of this new 
national alerting system extend well beyond terrorists attacks, to 
manmade or natural disasters. A year and a half ago, a town in my State 
of South Carolina was exposed to a massive chlorine gas release. The 
train crash that caused the release occurred at 2:39 in the morning. 
Beeping television or radio is not much help when the owner is sleeping 
and the TV and radio are silent. What could have been helpful would 
have been if emergency managers in the area could have run the cell 
phones that were designed to turn on in emergencies so the individuals 
in the affected area could have been instructed to evacuate away from 
the path of the chlorine cloud and get to safer ground.
  Finally, the new system set up by the WARN Act will have significant 
impact for the response to natural disasters. For example, in the 
Midwest, tornadoes pose a grave threat. Tornado sirens have a limited 
reach and can save some, but by leveraging the capabilities of cell 
phones, we can effectively direct individuals who are in the path of a 
tornado to take cover or get out of the way.
  The applications are promising, as well, along the gulf and Atlantic 
coasts, where hurricanes often make landfall. This year could still be 
a strong hurricane season, with predictions of three or four major 
hurricanes category 3 or above. If one of one of these makes landfall, 
it will trigger a massive evacuation.
  The system created by the WARN Act will provide crucial information 
to aid in evacuation and recovery. It will alert evacuees to the 
closest shelter with beds and where water and food is being distributed 
after the storm and what roads are not usable as evacuation routes.
  We all hope and pray disasters--natural, manmade or terrorist--never 
happen, but we must be prepared. Today, I ask my colleagues to join in 
supporting this amendment.
  Again, I thank Senator Collins and all those who have worked to bring 
up this amendment. This way we give first responders one of the more 
crucial tools they need to save lives and secure our homeland.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Mr. President, I spoke earlier in favor of the amendment 
of the Senator from South Carolina. While he is here, I again commend 
him for his effort, his leadership in this area, and for working with 
both the Homeland Security and the Commerce Committees to work out some 
technical issues. His amendment is going to make a big difference. All 
of us remember 5 years ago on this day how difficult it was to get 
information--our cell phones were not working; we did not have 
Blackberrys then. The Senator's approach will ensure that we use every 
possible means to inform the public when there is an incident that is a 
threat to public safety.
  I salute the Senator for his leadership. This is an excellent 
proposal. I am pleased to support it.


                        public safety promotion

  Mr. INOUYE. I appreciate the efforts of my colleagues, Senator 
Stevens, Senator DeMint, and Senator Ben Nelson, in working to build 
consensus on the pending amendment, which will improve our Nation's 
ability to transmit critical emergency information to the public in 
times of crisis. As we consider this amendment, however, I believe it 
is important for us to clarify that provisions in this act do not 
affect or in any way limit or impair the Federal Communications 
Commission's existing authority under the Communications Act to promote 
public safety. As my colleagues well know, one of the most fundamental 
and significant statutory mandates of the FCC is the promotion of 
safety of life and property through the use of wire and radio 
communication.
  As a result, while section 103(f) of the amendment makes clear that 
no new regulatory authority is granted to the FCC, other than to 
regulate compliance with its provisions and as specified in subsection 
103(d) and (e), I would ask my colleague, Senator DeMint, to confirm my 
understanding that the amendment will have no impact on the FCC's 
existing regulatory authority under the Communications Act to promote 
public safety through the use of communications technologies.
  Mr. DeMINT. Mr. President, I agree with the interpretation and 
understanding of my colleague, Senator Inouye, and thank him for his 
assistance and support in working on this amendment.
  Mr. STEVENS. I concur with Senator Inouye and Senator DeMint.
  The PRESIDING OFFICER. The Senate majority leader.
  Mr. FRIST. Mr. President, I ask consent at 12 noon tomorrow the 
Senate proceed to a vote in relation to the DeMint amendment No. 4921, 
as amended; further, that notwithstanding the adoption of the amendment 
4927, the second-degree amendment be modified to reflect a perfecting 
amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________