[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for the quorum call be rescinded.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.
____________________