Susan Collins

Ms. COLLINS

Ms. COLLINS. I commend the Senators for their initiative. The horrific terrorist attacks in London and Madrid demonstrate that terrorists are willing and able to attack transit systems. Our systems in the United States remain vulnerable. Just today, the Homeland Security Committee held a hearing looking at the next 5 years and what challenges face us. The witness, the deputy commissioner for counterterrorism from New York City, specifically pointed out the vulnerabilities of our transit systems and also the inequities in funding. I believe the statistics he gave us were that there was a ratio of 9:1 in the amount of money that had been spent on aviation security versus other forms of transportation security. So I think there is an imbalance. I believe this is a vulnerability and that this amendment would allow for the authorization of significant transportation security improvements. I am pleased to join my colleagues in support of the amendment.

Ms. COLLINS. Mr. President, I rise to commend the Senator from Washington State for her dogged pursuit of a funding source for this bill. I agree with her that it is so important we have dedicated funding so the promise of this bill can become the reality. Mr. President, I ask unanimous consent that I be added as a cosponsor to Senator Murray's amendment No. 4929.

Ms. COLLINS. Mr. President, I am unclear whether the Salazar amendment No. 4935 is actually pending. I do support the amendment offered by the Senator from Colorado, and the managers on this side are also pleased to recommend its acceptance. Mr. President, I urge the adoption of the Salazar amendment.

Ms. COLLINS. Again, I thank the Senator for her efforts. It has been a real pleasure to work with her on this important bill. Mr. President, I suggest the absence of a quorum.

Ms. COLLINS. Mr. President, I ask unanimous consent that when the Senate resumes action on the bill on Wednesday, the time until 12:15 be equally divided in the usual form and that at 12:15 the Senate proceed to a vote in relation to the Reid amendment No. 4936, with no second degrees in order prior to the vote. Before the Chair rules, we anticipate a budget point of order against this amendment, and therefore this vote is likely to be on the motion to waive.

Ms. COLLINS. Therefore, Mr. President, although we are going to consider two more amendments tonight, there will be no more rollcall votes tonight. Amendment No. 4935

Ms. COLLINS. Mr. President, I suggest the absence of a quorum.

Ms. COLLINS. Mr. President, the amendment offered by Senator Dorgan is a restriction on the U.S. Special Trade Representative's authority in negotiations. As such, it is under the jurisdiction of the Senate Finance Committee. However, it is my understanding that the chairman and the ranking member of the Finance Committee have no objection to acceptance of the amendment. I urge acceptance of the amendment.

Ms. COLLINS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Ms. COLLINS. Mr. President, based on the debate that occurred earlier, I believe the distinguished chairman of the Commerce Committee has decided to accept this amendment and was willing to do it without a rollcall vote. However, the distinguished Senator from New Jersey wants a rollcall vote, so we are going to have a rollcall vote. I do not know whether the Senator from New Jersey is on his way. I see that he is in the Chamber, so I yield the floor to the Senator from New Jersey.

Ms. COLLINS. Mr. President, I think we are now ready to order the yeas and nays.

Ms. COLLINS. Mr. President, while we are awaiting representation on the other side of the aisle in order to get the yeas and the nays, let me respond to the Senator from Texas about her amendment. First, let me acknowledge the work of the Senator from Texas on port security issues over the past few years. Her amendment would increase the minimum hiring of Customs and Border Protection officers in the resource allocation model of the legislation before us from 725 to 1,000. As the Presiding Officer is aware, our bill requires the Department to do a resource allocation model, really take a hard look at how many CBP officers are needed at which port. One reason we believed that was necessary was the experience of Houston's ports and airports. The Senator from Texas has told me of the problems that Houston has experienced, where CBP agents actually are being transferred from the port to the airport to deal with incoming flights and then are sent back to the port. Clearly that is a situation that cries out for more agents so they do not have to be constantly shifting back and forth from a busy port to a busy airport. I think the Senator is correct that she has a real problem with understaffing in the Houston seaport and airport and that we do need to have more agents allocated. But I also want to point out to my colleagues that we do specifically require the Department to do this resource allocation plan. There may be some seaports or airports that actually have more staff than they need. Those could be allocated to busier seaports and airports. But clearly the situation in Houston cries out for more agents so we do not have this constant choice of where they should be. I do support the amendment of the Senator. I will assist her in gaining the yeas and nays when we have representation from the Democratic side. I hope that will be shortly. I also suggest that we stack the vote on the amendment of the Senator at 5 o'clock, after the vote on the Lautenberg amendment, in order to make it more convenient for our colleagues. Once we get the yeas and nays, I will be making a unanimous consent request that the vote occur immediately after the vote on the amendment offered by the Senator from New Jersey, with 4 minutes of debate equally divided prior to the vote. But I am withholding that unanimous consent request until we have representation from the minority on the floor.

Ms. COLLINS. Mr. President, I move to reconsider the vote.

Ms. COLLINS. Mr. President, I rise in support of Senator Murray's amendment. I commend her for offering it. Each year, U.S. Customs and Border Protection collects more than $24 billion in Customs duties and fees. The amendment would extend the merchandise processing fee and passenger conveyance fee for an additional year, and our hope is that that money will then be targeted to pay for this bill. This makes sense. In many ways, it is a user fee. It makes a great deal of sense. It will help ensure that there is a dedicated funding source for the security measures. I point out again that the amendment has been cleared with the Finance Committee. Senator Murray has worked hard with Senators Grassley and Baucus to find the source of funding. I commend her for her efforts. I fully support the amendment and I urge its adoption.

Ms. COLLINS. Thank you, Mr. President. I suggest the absence of a quorum.

Ms. COLLINS. Mr. President, I ask unanimous consent that a vote in relation to the Hutchison amendment No. 4931 occur following the vote on the Lautenberg amendment, No. 4940, with no second degrees in order to either amendment prior to the votes, and 2 minutes of debate equally divided between the managers or their designees before each vote, and that this occur at 5 o'clock.

Ms. COLLINS. 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.

Ms. COLLINS. We are still not ready for the timing on that, but we have ordered the yeas and nays, and I hope we will be able to stack the vote to occur immediately after the conclusion of the vote on the amendment of the Senator from New Jersey.

Ms. COLLINS

Ms. COLLINS. Mr. President, 5 years ago, our Nation experienced one of its darkest days and finest hours. With shocking suddenness, an act of unparalleled cruelty transformed the late-summer morning of uncommon brilliance into one of unfathomable horror. On that awful morning, September 11 was transformed from a mere point on the calendar into an eternal monument to the deepest human emotions of loss, of sacrifice, and of resolve. We pause today to remember those whose lives were taken that terrible morning--2,996 innocent men, women, and children, workers doing their jobs, travelers embarking on trips. Men and women like Robert and Jacqueline Norton of Lubec, ME boarded Flight 11 to celebrate a son's wedding in California. In the days just before the trip, the Nortons planted new raspberry bushes in their garden and Robert, at age 85, helped repair the concrete steps at their church. At age 85, Robert Norton was the oldest to perish that day. At age 2, Christine Hanson of Groton, MA, was the youngest. She was traveling with her parents to that place of childhood dreams, Disneyland. The aircraft that was to take the Hanson family on their dream vacation instead was driven into the North Tower. There, on the 92nd floor, were John and Sylvia Resta of Queens, NY. They worked together and on September 11th they died together. Resta was seven months pregnant. The Pentagon that morning was filled with men and women who had dedicated their lives to serving their country. Among them was Commander Robert Schlegel. After his 1981 graduation from Gray-New Gloucester High School in Maine, he went to college, married his high- school sweetheart, Dawn, and followed a tradition set by his father and two brothers by joining the United States Navy. His 15-year Naval career was one of achievement and courage. Among his many commendations were the Meritorious Service Medal, four Navy and Marine Corps Commendation Medals, and the Purple Heart. Shortly before September 11, he had been promoted to the rank of Commander. His new office, on the second floor of the Pentagon, believed to be the point of impact of Flight 77. Each of these names, and the names of so many more, represent lives of accomplishment, contribution, and promise. Each loss leaves a wound in the hearts of families and friends that can never be fully healed. But September 11 was not just a day of personal tragedy. It was an attack on the United States, an attack on freedom, an attack on civilization. We must never forget what was lost, and what remains at stake. We also pause today to remember the heroes whose courage saved countless lives then, and who continue to inspire us. Yamel Merino, of Yonkers, NY, was described by colleagues as the perfect EMT. She gave her life while helping the injured near the World Trade Center when the first tower collapsed. After an outstanding career with the FBI, John O'Neill became head of security for the World Trade Center. He exited the building safely after the first of the two hijacked planes hit, but re-entered when he saw the extent of the damage and the danger to others. He saved lives, but could not save himself. After his safe exit from the Pentagon, Staff Sergeant Christopher Braman rushed back into the burning building, returning again and again to find survivors and to carry them to safety. He stayed on the scene for the next 3 days, working past exhaustion, saving lives with the search and rescue skills the U.S. Army had taught him. In the days and weeks immediately following the attacks, we were moved by the selfless courage of the men and women--passengers and crew--aboard Flight 93. By wresting control of that aircraft from the terrorists, they knowingly gave their lives so that others might live. Todd Beamer's Let's Roll! became our Nation's rallying cry. Last month, additional recordings of emergency calls made that terrible morning were released. One contains a statement that describes with eloquent simplicity the spirit of September 11. Amid the suffocating smoke, searing flames, and falling debris of the South Tower, the last words Fire Captain Patrick Brown spoke from the 35th floor to the outside world were these: ``We're still heading up.'' We may never know where the courage to keep heading up into such danger comes from. We must always honor it. We must never forget. As we pledge to never forget what was lost and what was given on September 11, we must in the same breath pledge to do all that we can to prevent future attacks. We can offer no guarantee, but that must be our goal. The fundamental obligation of Government is to protect its people. Since September 11, we have done much to meet that obligation. Immediately after the attacks, we passed legislation to close the gap between law enforcement and intelligence that the terrorists exploited. The reauthorization signed into law earlier this year makes permanent many provisions from the original law that are important to protect Americans from terrorists. Equally important, it contains significant new safeguards that protect the civil liberties we cherish but that the terrorists despise. We created the Department of Homeland Security to provide a unifying core to the vast effort of detecting and preventing terrorist attacks, assessing and protecting our vulnerabilities, and improving our response to disasters of all types. We have made great investments in training and equipping first responders throughout the nation. We have strengthened our borders with additional personnel, better coordination with State and local authorities, and cutting-edge technology so that they remain open to our friends but increasingly closed to our enemies. We passed the Intelligence Reform and Terrorism Prevention Act of 2004, which Senator Lieberman and I authored. This legislation, based on the recommendations of the 9/11 Commission, brought about the most comprehensive reforms of our intelligence community in more than a half century so that the trail of dots terrorists leave behind as they plan, train, and organize will never again be left unconnected. This newly restructured intelligence community has uncovered terrorist plots, cells, and financing operations, and it played an important role in thwarting the scheme to blow up transatlantic airliners that was exposed in Britain last month. Today we are on the brink of passing the GreenLane Maritime Security Act. America's seaports are vital to our economy, but at the same time they offer a port of entry for those who would do us harm, or for devastating weapons. This bipartisan legislation will help build a coordinated approach to maritime and port security across all levels of government with our overseas trading partners. I urge my colleagues to take this major step toward protecting these valuable and vulnerable facilities. We have taken many such steps. None was easily taken. All were accompanied by controversy, conflict, and reasonable differences of opinion. Yet, working together, we found a way. Each, however, remains a work in progress. DHS has yet to develop the cohesion, the common culture, that is needed for its complex mission. First responder grants to the States still lack the accountability and effective measures of progress needed to prevent the waste of taxpayer dollars. Ongoing shortages of detention space and personnel still leave our borders at risk, despite the many improvements that have been made. Other gaps remain. Ten million Americans live and work in proximity to plants that produce, use, or store large quantities of hazardous chemicals and, indeed, if one talks to the experts, over and over again you will hear them identify the security of our ports and our chemical facilities as major vulnerabilities. We are about to complete action this week on port security legislation. I hope we will turn to chemical security legislation as well. There is no question that attacking these facilities fits squarely within the terrorist strategy of causing maximum harm to our people and to our prosperity. Yet 5 years after 9/11, America is left vulnerable by an incomplete and inadequate patchwork of laws and voluntary industry standards that too many facilities fail to observe. The Homeland Security Committee approved our bipartisan Chemical Facility Anti-Terrorism Act more than 3 months ago by a unanimous vote. For the first time, our legislation would ensure that high-risk chemical facilities are covered by Federal standards that would not only help to deter terrorist attacks but also to mitigate the consequences of an attack. Our legislation would give the Department of Homeland Security the strongest possible remedy to ensure compliance: the authority to shut down any chemical facility that does not adequately address the risks of a terrorist attack. Unless this legislation moves forward, these highly attractive terrorist communities, large and small, will remain without the protection they require. The heroes of 9/11 faced grave danger and made great sacrifices in order to save others. They performed magnificently despite being hampered by obsolete and incompatible communications equipment that placed them in needless peril and resulted in needless loss of life. That should be a major national priority for our country to solve once and for all the issue of first responders being able to communicate with one another in the midst of a disaster, whether it is a terrorist attack or another hurricane, such as Hurricane Katrina. The Post-Katrina Emergency Reform Act, which Senator Lieberman and I introduced, contains strong provisions to establish a comprehensive national emergency communications strategy and provide State grants for interoperable communications. It is time to act on this legislation--we must never again send our first responders into harm's way with a deficiency that has been so thoroughly revealed. Perhaps our greatest challenge, however, is to recognize that terrorism continually evolves. As the devastating attacks in Madrid, Bali, Istanbul, Beslan, London, and Israel prove, terrorists will strike wherever opportunity allows and wherever innocent people are the most vulnerable. The terrorists' resourcefulness, cunning, and patience are exceeded only by their cruelty. Indeed, one of the most striking findings of the 9/11 Commission was that the September 11 attacks were made possible by a failure of imagination. Commercial airliners had long been a target of terrorists. The conventional wisdom was that they would be targeted in two ways: to hijack for the purpose of taking hostages or to blow up in midair. To envision airliners being hijacked to use as missiles would have taken some imagination, but it was not unimaginable. We all remember one of the striking findings of the 9/11 Commission that the September 11 attacks represented a failure of imagination. How different things might be today if 5 years prior to September 11, 2001, our imagination had been fully engaged. Mr. President, 1996 was the year that Ramzi Yousef, while awaiting trial for the 1993 World Trade Center bombing, was convicted of a conspiracy to plant bombs on a number of U.S. airliners operating in East Asia, and of placing the bomb that exploded on a Philippine airliner the previous year. Mr. President, 1996 was the year of the truck bomb attack on Khobar Towers that specifically targeted U.S. military personnel. And 1996 was the year that Osama bin Laden relocated from the Sudan to Afghanistan, established a new base of operations under the protection of the Taliban, and declared war on the United States. The terrorist strategy was evolving 5 years prior to 2001 to direct massive attacks on high-profile American targets, but we failed to see that these seemingly isolated events were, in fact, tied together. In the aftermath of 9/11, we learned that although the terrorists targeted high-profile targets in major cities, they did much of their planning, training, and transiting in smaller communities--communities such as Stone Mountain, GA, Norman, OK, and Portland, ME. It may be that they believed these locations shielded their activities from the scrutiny they would have been subjected to in their larger, more terrorism-savvy target locations. Today there is no question that the tactics of terrorists have evolved. As the recent arrests in Canada and Miami, the attacks on the London subway of a year ago, and the thwarted airliner plot in Britain have made clear, terrorist masterminds no longer have to rely on operatives imported from abroad to infiltrate target nations and carry out attacks. The emerging threat is from home-grown terrorists. They are far harder to detect, and increased border security will not protect us from them. Whether the target we seek to protect is a cargo port, a chemical plant, a public water supply, the electric grid, or the information technology networks critical to our economy, it does not take a stretch of imagination to see that an attack can come from within just as easily, perhaps more easily, than from overseas. From John Walker Lindh, we already know the most extreme ideology can take root even among those who enjoy the most privileged circumstances our society can offer. As the details of the British airliner plot emerge, it becomes evident that home-grown terrorists, working in conjunction with masterminds overseas, can be every bit as sophisticated as the imported terrorists who attacked us on 9/11. What is particularly alarming is the evidence that this infection is being spread within our State and Federal prisons, and this is an area that the Homeland Security Committee will hold a hearing on next week. Richard Reid--the infamous shoe-bomber--and Jose Padilla both were indoctrinated into Islamic extremism while in prison. Less well known, but equally lethal, is Kevin James, a self-styled Imam who, while a California State prison inmate, founded an organization based upon his radical interpretation of Islam. James recruited among his fellow inmates, allegedly instructing them that it was their duty to kill his perceived enemies of Islam--in particular U.S. military personnel and supporters of Israel. Upon their release, his followers reportedly conducted surveillance on military installations, the Israeli Consulate, and synagogues. It is alleged that they sought firearms with silencers and also explosives and that they financed their operations through a string of armed robberies in the Los Angeles area. These operatives have been arrested and they face trial next month. The new face of terrorism--born and raised in America, in Great Britain--has been exposed. This new face of terrorism will challenge us, perhaps as much or even more as Osama bin Laden has challenged us. But this is the reality that we must confront. We must not allow our imagination to fail us again. Five years ago, in what seemed like a moment, September 11 was transformed from a day like any other day into one that for as long as our Nation stands will stand alone. The loss that we relive this day reminds us of the value of all that we must protect. The heroism reminds us of the unconquerable spirit of the American people. Our accomplishments remind us that we can meet any challenge with decisive action and a sense of unity. As long as we keep the meaning of this day of remembrance in our hearts, I am confident that we can meet any challenge that lies ahead. Mr. President, I suggest the absence of a quorum.

Ms. COLLINS

Ms. COLLINS. Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.

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.

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

Ms. COLLINS

Ms. COLLINS. Mr. President, for the information of our colleagues, I thought I would describe how we are going to be proceeding today. Shortly, the President pro tempore, who is the comanager of the bill, will be making his opening statement. It is my understanding he will then move to lay down an amendment offered by Senator DeMint and a substitute amendment offered by Senator Inouye relating to the WARN Act, which is a Commerce Committee bill. We will not be voting on that amendment today, it is my understanding, under the agreement that has been previously reached. We are open for business on other amendments for Members who may come to the floor or Members who wish to speak on this bill. Thank you, Mr. President. Mr. President, I suggest the absence of a quorum.

Ms. COLLINS. Mr. President, I ask unanimous consent that a summary of the Port Security Improvement Act of 2006 prepared by my staff be printed in the Record.

Ms. COLLINS. Mr. President, I want to comment on the tremendous efforts of the ranking member of the Homeland Security Committee, Senator Lieberman, and the chairmen and ranking members of the Commerce and Finance Committees, Senators Stevens, Inouye, Grassley and Baucus. They along with their committee staffs have worked together for months to develop the bill that is before us today. Each of the committees has its own jurisdictional interests in this bill. The Homeland Security Committee has jurisdiction over the Department of Homeland Security with its primary mission of preventing terrorist attacks against the United States and reducing vulnerabilities to such attacks. Many of the programs in this bill, including the Automated Targeting System, the Container Security Initiative, and the Customs-Trade Partnership Against Terrorism, serve the purpose of reducing vulnerabilities to terrorist attacks and are operated by the U.S. Customs and Border Protection within the Department of Homeland Security--squarely within the Homeland Security Committee's jurisdiction. Moreover, it was the committee's jurisdictional authority to study the effectiveness of government agency programs that began the evaluation of the DHS' cargo security initiatives that are improved by this bill. The Commerce and Finance Committees also have significant jurisdictional interests. The Commerce Committee has jurisdiction over shipping and the Coast Guard. And the Finance Committee has jurisdiction over the assessment of customs duties and compliance with customs laws.