Joseph Lieberman

Mr. LIEBERMAN

Mr. LIEBERMAN. Madam President, I now ask unanimous consent that following adoption of the substitute amendment and the bill has been read a third time, there then be 20 minutes for debate prior to the vote on passage of the bill, and that each of the following be afforded 5 minutes: Senators Collins, Lieberman, McConnell, and Reid.

Mr. LIEBERMAN. Yes, Madam President. I thank my friend from Maine. I am sorry she didn't get this page. What I will do after this unanimous- consent request, hopefully, is agreed to, setting 20 minutes of debate and final passage, is to ask what the pending business is, which is the Biden amendment, and then I will urge action on the amendment.

Mr. LIEBERMAN. Madam President, what is the pending amendment?

Mr. LIEBERMAN. I ask for the yeas and nays.

Mr. LIEBERMAN. Madam 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. LIEBERMAN. Madam President, first, let me thank my ranking member, the Senator from Maine. I was thinking, as she was speaking, that when the transition occurred at the beginning of this 110th session of Congress I said to her, all that would change in our working relationship was our title, the title that each of us had. As I look back on our work together on this bill, S. 4, I am pleased to say that we worked with the same spirit of cooperation that we did under her chairmanship in 2004 when we had our first legislative response to the 9/11 Commission and we adopted the Intelligence Reform and Terrorist Prevention Act of 2004. So I thank Senator Collins. I thank her staff for their work, and I thank my staff as well. Madam President, I note the presence on the floor of the majority leader. I thank him for making adoption of this legislation a priority for this Congress. Here is why. This bill will strengthen our ability not just to respond to terrorist attacks but also to prepare our Federal, State, and local governments to respond to natural disasters. In that sense, S. 4 is not only a response to finish the mission given us by the 9/11 Commission that learns from the lessons of the first months of implementation of that Commission report, but it also applies to lessons learned from Hurricane Katrina. We are trying to create an all-hazards approach in our Government that increases our homeland security against the threat of a terrorist attack and also prepares our Government to respond better to natural disasters. I do not want to repeat some of the points in this legislation that Senator Collins focused on. I will just pick a few additionally. One is that S. 4 recognizes that 85 percent of the critical infrastructure in our country that is potentially a target for terrorist attack in our great open society is privately owned. For the first time, we establish a voluntary program where the private sector can come in and have their facilities certified as, I would use the term ``terrorist resistant.'' In another section we declassify the bottom line of the intelligence budget. That was a specific recommendation of the 9/11 Commission in the interests of transparency and accountability. We also greatly improve the provisions that in our law and policy are aimed at disrupting terrorist infiltration of our borders. This bill requires the Department of Homeland Security and the Department of State to strengthen the security provisions of the so-called visa waiver program. It also authorizes an electronic travel system that would require travelers to apply in advance for authorization to visit the United States, thus allowing their names to be checked against terrorist watch lists. I am very proud of the bill we present after almost 2 weeks of debate to our colleagues in the Senate for final consideration. I know it will strengthen the homeland security of the American people. It enjoyed strong nonpartisan support in our committee, coming out with a vote of 16 to 0 with one abstention. I gather there will be a significant number of ``no'' votes on the final passage because of one section, and I regret that. I wish our colleagues would vote favorably because I know they support almost all of this bill because it is good for the security of the American people at home. The one section, obviously, is the one that deals with the collective bargaining rights of transportation security officers. I sure hope we can continue to discuss this section: why we think it is fair, why we are totally convinced its implementation will have no adverse effect on public safety--no more than the collective bargaining rights of Capitol Police officers or local firefighters or police officers or members of the Border Patrol or other law enforcement agencies in the Department of Homeland Security in any way adversely affects the carrying out of the duties to protect the American people. Madam President, I also want to thank the chairman and ranking member of the Commerce Committee, Senators Inouye and Stevens, for producing the rail and aviation security portions of this bill, and the chairman and ranking member of the Banking Committee, Senators Dodd and Shelby, who contributed important mass transit security provisions. I would be remiss if I didn't also thank the majority leader, Senator Reid, for working with all of the committees involved to bring this comprehensive measure before tbe Senate. We have had 2 weeks of often spirited debate, and votes on some important amendments. Now, I believe we are ready to pass this bill, and I look forward to working with my colleagues to conference this measure with the House, and moving the legislation onto the President's desk for signature. September 11, 2001, was a tragedy of unspeakable proportions, and it is for the men and women who died in the terrorist attacks that we work to enact this legislation. The attacks changed the course of history for our Nation and marked our nascent century as a new and dangerous era. Overnight, we became aware of our vulnerability to an enemy that doesn't wear uniforms nor follows any traditional laws of combat. Rather, they move silently among us, probing for weaknesses while plotting attacks on innocent civilians. The families of those we lost on 9/11 have worked with us for years to get the 9/11 Commission recommendations implemented. I must thank them as well for their steadfast and courageous advocacy often in the face of seemingly insurmountable odds. They worked with us to pass the bill that Senator McCain and I introduced to create the 9/11 Commission. They monitored the work of the 9/11 Commission, and testified before its members. And then they helped us win the fight to implement the Commission's recommendations in the Intelligence Reform and Terrorist Prevention Act of 2004. In January, Senator Collins and I held a hearing on this legislation and heard from three family members who urged us to complete the job of enacting and implementing the 9/11 Commission's recommendations. When we pass this bill today, they will be watching. And they will know that they had a hand in its success. Senator Reid made adoption of this legislation a priority for this Congress. Here is why: This bill will strengthen our ability not just to respond to terrorist attacks but also to prepare our Federal, State, and local governments to better respond to natural disasters. We are trying to create an ``all hazards'' approach that increases our homeland security against the threat of terrorist attack, but also prepares our government to respond better to natural disasters since it failed to prepare or respond adequately to Hurricane Katrina. How do we do this? Let me briefly describe a few of the provisions in this bill. First, we would improve information and intelligence sharing among Federal, State, and local officials. We know that before 9/11, different agencies had different pieces of information that, had they been put together, should have aroused suspicion about the attack that was to come. One of the most important innovations since 9/11 has been the establishment of fusion centers to share information within and between States. This legislation would create standards for the fusion centers, require the Department of Homeland Security to provide support and coordination, and authorize the assignment of homeland security intelligence analysts to the fusion centers to serve as conduits for sharing information. The legislation also encourages the elimination of the ``need to know'' standard, which allows the information holder in a given Federal agency to control dissemination, and instead, encourages a ``need to share'' standard--obviously with appropriate safeguards. Second, this legislation provides support and resources to first responders through a balanced and better funded Homeland Security Grant Program. We would authorize over $3.1 billion for each of the next 3 years for key grants to reverse a precipitous decline in funding for homeland security over the past 4 years. We believe we have achieved a balanced proposal that gives the vast majority of the money out based on risk but still recognizes that risk is an art, not a science, and terrorists could strike anywhere. In an all-hazards approach, first responders everywhere need assistance to protect not just against a potential terrorist attack but also against natural disasters. Third, we will help first responders attain the interoperable communications we know they need to save lives. We have known of this problem for decades, and on 9/11, when fire fighters and police officers could not communicate with one another inside the World Trade Center, hundreds of first responders lost their lives. So, we have created a grant program--authorized at $3.3 billion over 5 years--that will require States to spend their grant money consistent with their statewide communications interoperability plans and the National Emergency Communications Plan. In other words, their spending must be part of a statewide plan connected to the national plan. Fourth, this legislation contains provisions to improve our ability to disrupt terrorist infiltration of our borders. It requires the Departments of Homeland Security and State to strengthen the security of the visa waiver program, by requiring better reporting by foreign countries in the visa waiver program of lost or stolen passports, requiring countries to share information about prospective visitors who may pose a threat to the U.S., and authorizing an electronic travel system that would require travelers to apply in advance for authorization to visit the U.S., thus allowing their names to be checked against terrorist watch lists. Fifth, this bill moves to ensure that as we fight terrorism, we do not trample on the rights of Americans we are pledged to defend. Included here are provisions to strengthen the Privacy and Civil Liberties Oversight Board by requiring its members to be confirmed by the Senate and by giving the Board subpoena power through the Attorney General. This legislation also includes a provision similar to one I was pleased to cosponsor in committee with Senator McCaskill that will ensure Transportation Security Administration screeners--known as Transportation Security Officers--have the same employment rights as others in TSA and throughout the Department of Homeland Security. There is no good reason to deny TSOs these rights. Other law enforcement officers at Immigration and Customs Enforcement and Customs and Border Protection have these rights, with no negative effect on their performance of their security mission. In fact, Capitol Police also enjoy these rights and protections. This is simply a question of equality. So this is a comprehensive bill. There are many other worthy aspects that I have not described. But I am convinced that, as a package, if this legislation passes and becomes law, the American people will be safer from the consequences of natural disasters, such as Hurricane Katrina, than they are today. And we will have done everything possible to make sure no other Americans suffer the loss that so many experienced after the brutal terrorist attacks of 9/11. In the preface to the 9/11 Report, Chairman Kean and Vice Chairman Hamilton wrote, quoting here, ``We hope our report will encourage our fellow citizens to study, reflect--and act.'' We have studied. We have reflected. Now is the time to act to build a safer and more secure America for the generations to come. Finally, I would like to pay tribute to my dedicated and exceptional staff, who have sacrificed nights, weekends, family time in the name of a safer America. I particularly want to thank my Homeland Security Committee staff director Mike Alexander for his leadership in expertly guiding this legislation through drafting, markup, floor amendments, and onto final passage. I also want to thank the committee's deputy chief counsel Kevin Landy, whose drive and attention to detail resulted in superior legislation. Thanks also to Eric Anderson, Christian Beckner, Janet Burrell, Scott Campbell, Troy Cribb, Aaron Firoved, Elyse Greenwald, Beth Grossman, Seamus Hughes, Holly Idelson, Kristine Lam, Nate Lesser, Jim Mcgee, Sheila Menz, Larry Novey, Deborah Parkinson, Leslie Phillips, Alistair Reader, Patricia Rojas, Laurie Rubenstein, Mary Beth Schultz, Adam Sedgewick, Todd Stein, Donny Williams, Jason Yanussi, and Wes Young--all on my committee staff. And thanks to Purva Rawal, Vance Serchuk, and Cherrie Daniels on my personal office staff. I must also thank Senator Collins' staff director Brandon Milhorn and the Senator's entire staff for working with us to move this very important legislation. But bottom line, thank you to our colleagues, thanks to the 9/11 Commission, thanks to the 9/11 families who have stuck with this mission to protect the American people from ever having to suffer the grievous loss they did at the hands of terrorists on 9/11. I hope our colleagues will join together across party lines to support this very nonpartisan homeland security measure. I yield the floor.

Mr. LIEBERMAN. Mr. President, I ask for the yeas and nays.

Mr. LIEBERMAN. Mr. President, I move to reconsider the vote.

Mr. LIEBERMAN. Mr. President, I suggest the absence of a quorum.

Mr. LIEBERMAN. Mr. President, I say to my colleagues, on the pending legislation, S. 4, the Senate has now used up all the time postcloture so that what stands--if I could put it in a more negative light than I should--before the Senate and the vote on final passage of this important legislation is disposition of the remaining germane amendments and any other matters that can be passed by consent. We are working on a managers' amendment which would contain the matters about which there is unanimous consent. We are whittling down the number of germane amendments that will need to be voted on. I say to my colleagues we hope to be able soon to announce when the last few votes on amendments and final passage will occur. But they will definitely occur this afternoon. I thank the Chair, and pending further developments, I suggest the absence of a quorum.

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

Mr. LIEBERMAN. Madam President, we are making progress in disposing of the final amendments pending as we head toward final passage of S. 4. So at this time, I would like to propound a unanimous consent request that there are a number of pending amendments which I understand can be considered and agreed to without the necessity of a rollcall vote, and two of these amendments will have second-degree amendments. I now ask unanimous consent that it be in order for the Senate to proceed en bloc to the consideration of the following amendments, that they be agreed to en bloc, and that the motions to reconsider be laid upon the table: First, the Kyl amendment, No. 357, with a Feingold second-degree amendment, No. 441. Second, a Schumer amendment, No. 337, with a modification that is at the desk, and with an Ensign second-degree amendment, No. 448. Third, a Bond amendment, No. 389, with a modification at the desk. Fourth, and finally, a Stevens amendment, No. 299.

Mr. LIEBERMAN. Madam President, I thank the Chair and my friend from Maine, and I notify our colleagues that we are working very hard to eliminate the remaining objections on components of the managers' amendment. We anticipate at least one more rollcall vote on one of the pending amendments and then final passage, and hopefully that will happen soon. Pending that, Madam President, I suggest the absence of a quorum.

Mr. LIEBERMAN. Madam President, we are coming to the moment when we adopt the managers' amendment and proceed to final passage. I want to respond to some of the things said by my friend from New Hampshire.

Mr. LIEBERMAN

Mr. LIEBERMAN. Mr. President, I yield 5 minutes of our time to Senator Brown of Ohio. He has a statement to make as in morning business.

Mr. LIEBERMAN. Mr. President, I yield 5 minutes of the time on our side to the Senator from Delaware.

Mr. LIEBERMAN. Mr. President, may I ask how much time we have on our side?

Mr. LIEBERMAN. I yield 2 minutes of that time to the Senator from Maine.

Mr. LIEBERMAN. Mr. President, I want to speak very briefly on what I believe is the first of two amendments offered by the Senator from Oklahoma, amendment No. 294, the sunset of the entire text of the underlying bill, S. 4. This would sunset all of the provisions of this legislation in 5 years. Obviously, the terrorism threat in the legislation that we have passed since 9/11, particularly in the Homeland Security Act of 2002 and the 9/11 legislation of 2004, will not go away in 5 years. Many parts of this bill amend existing underlying provisions that do not sunset. Thus, if we pass the Coburn amendment No. 294, we would be amending provisions for homeland security grants, information sharing, interoperability. Then in 5 years these homeland security programs would revert back to earlier rules and realities, which we have found in this bill to be inadequate. I think that would be a disruptive and, in many ways, a bizarre result. If this called for reauthorization, as other legislation does, not immediate sunset, I would say it would be more reasonable to consider. But that is why I oppose Coburn amendment No. 294.

Mr. LIEBERMAN. Mr. President, our friend is making some points I agree with, as does Senator Collins and most Members. Our problem is that in each of the two amendments, the instrument he has chosen is very blunt. I wish we had more time to work on these. If they don't survive the two votes today, I look forward to going back in committee to work on these generally. Why do I say they are blunt? The National Governors Association explained why they thought the improper payments would lead to the termination of homeland security grant funding to the States. There are some estimates by the administration that it would threaten Medicare payments. Doing something about this is good, but why have the ultimate punishment be on the beneficiaries? The same is true of the sunset provision. Incidentally, the money authorizations in this bill are sunsetted. It is different from the PATRIOT Act, where the provisions with the sunset were very controversial. In this bill, I don't think there is any controversy about the underlying proposals. I still respectfully oppose these two amendments, and I hope that if they don't succeed, my colleague and I can work in the committee to bring forth a version of both that we can both support.

Mr. LIEBERMAN. Mr. President, I move to table amendment No. 294 offered by the Senator from Oklahoma, and I ask the vote be taken by the yeas and nays.

Mr. LIEBERMAN. Mr. President, I move to reconsider the vote and to lay that motion on the table.

Mr. LIEBERMAN. Mr. President, I intend to move to table this Coburn amendment, and, obviously, I look forward to working with the Senator in our committee. Basically, the funding on this bill is subjected to the improper payments law. As a letter from the National Governors Association makes clear, the Coburn amendment would effectively, and I quote, ``stop all State homeland security grant expenditures.'' That is unfair, unnecessary, and that is why I will move to table. Mr. President, I yield back all remaining time on both sides, and I move to table the amendment offered by the Senator from Oklahoma and ask for the yeas and nays.

Mr. LIEBERMAN. I move to reconsider the vote and to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. LIEBERMAN. Mr. President, we had hoped at this point to offer another consent request to the Senate about several amendments we thought were cleared on both sides. Unfortunately, there is objection on that so we will have to wait. Pursuant to the consent agreement we passed last week, we are going to final passage on this bill today. When we come back after the party lunches at 2:15, we will begin to dispose of the pending germane amendments in whatever way we can at that time. Then this afternoon we will go to final passage. There definitely will be additional votes this afternoon on this important legislation. I ask that the Senate stand in recess under the previous order.