February 15, 2005 CONGRESSIONAL RECORD — SENATE S1369 and accountability of our democratic grants become new American citizens Mr. WARNER. Mr. President, I am government. I thank Senator LEVIN each year. privileged to be the new boy on Sen- who, once again, during his service I have attended a number of the cere- ator COLLINS’s committee. My mission here, has proved how valuable atten- monies which are held in Federal is to try to achieve the smoothest tion to detail is. I commend my col- courthouses all over America every working relationship between the De- league for raising it. month to welcome and naturalize these partment of Defense, with which I have I thank the indulgence of the Chair. new citizens. I was in Nashville in De- been privileged to work these 27 years I yield the floor. cember when 50 or 60 people from all in the Senate, and the distinguished backgrounds were administered the f new department and the committee for oath of allegiance by Judge Echols. homeland defense over which my col- CONCLUSION OF MORNING The oath requires each new American league presides as able chairman to- BUSINESS to renounce any old allegiance and gether with Senator LIEBERMAN. The PRESIDING OFFICER. Morning swear a new one to the United States Just a word or two I want to speak business is now closed. of America. on Judge Chertoff. I, frankly, had not Each one of these new citizens has f met him prior to the President’s very waited at least 5 years. They have wise selection of this able individual. I RECESS learned English. They have learned rise today to urge my colleagues to The PRESIDING OFFICER. Under something about U.S. history. They give the strongest endorsement pos- have proved they are of good character. the previous order, the hour of 12:30 sible to this nominee. p.m. having arrived, the Senate will Many new citizens have tears in their I started my career as a young law- stand in recess until the hour of 2:15 eyes as they recite that oath. It is an yer, a prosecutor, but my first job out p.m. inspiring scene. Each of these new citi- of law school was law clerk to a Fed- Thereupon, the Senate, at 12:38 p.m., zens brings a new background and cul- eral circuit court judge, the same posi- recessed until 2:14 p.m. and reassem- tural tradition to the rich fabric of tion that Judge Chertoff holds today. I American life. That increases our mag- bled when called to order by the Pre- recall all through law school and the nificent diversity, but diversity is not siding Officer (Mr. VOINOVICH). early part of, I guess about 8 or 10 our most important characteristic. f Jerusalem is diverse. The Balkans years that I practiced law, lawyers al- ways thought: Maybe someday I could EXECUTIVE SESSION are diverse. Iraq is diverse. A lot of the world is diverse. What is unique about be a judge, a Federal judge. The whole the United States of America is that bar looks up to the judicial branch, as NOMINATION OF MICHAEL we take all of that diversity and make they should. It is the third branch of CHERTOFF TO BE SECRETARY ourselves into one country. We are able our magnificent Republic. When an in- OF HOMELAND SECURITY to say we are all Americans. We do dividual is selected by a President and confirmed in the Senate, he or she then The PRESIDING OFFICER. Under that because we unify it with prin- ciples and values in which we all be- dons that black robe, and it is a life- the previous order, the Senate will pro- time appointment. ceed to executive session and resume lieve: liberty, equality, rule of law. It also helps that we speak a common I was privileged to observe the life of consideration of the following nomina- a Federal judge. My judge was E. Bar- tion, which the clerk will report. language. It is hard to be one people if we cannot talk with one another. Many rett Prettyman, and I had the privilege The assistant legislative clerk read of standing on this very floor several the nomination of Michael Chertoff, of of these new citizens and many others living in this country lack a solid grasp years ago and recommending the Fed- New Jersey, to be Secretary of Home- eral courthouse here in Washington be land Security. of our common language or a clear un- derstanding of our history and civic named for Judge Prettyman. I am al- The PRESIDING OFFICER. Who culture. Without proficiency in ways grateful to the Senate for its wis- yields time? English, our common language, and an dom in accepting my recommendation. The Senator from Maine. understanding of our history and val- But I remember that judge so well. He Ms. COLLINS. Mr. President, I yield ues, immigrants will find it difficult to had the strongest influence on my life. 5 minutes to the distinguished Senator integrate themselves into our Amer- I aspired at one time to be a Federal from Tennessee. ican society. judge, but I hastily tell my colleagues The PRESIDING OFFICER. The Sen- So my hope today is that Judge I am not sure I ever would have been ator from Tennessee. Chertoff does a magnificent job in his qualified, for various reasons. Mr. ALEXANDER. Mr. President, I role at preventing terrorism. My hope But when you accept that appoint- thank the Senator from Maine for also is that he does a good job in keep- ment you take that oath of office for yielding me time. ing out of this country people who are life. That is why I, and I think most if I am in support of the President’s not legally supposed to be here. But not every one of my colleagues, spend nominee, Judge Michael Chertoff. He equally important is Secretary so much time working with our Presi- seems to have worked for almost every Chertoff’s role in welcoming new citi- dents to find the best qualified people part of the Federal Government, in- zens to this country, helping them to assume these important jobs in the cluding this body. I heard the Senator learn our history, our common lan- Federal judiciary. But it is a lifetime from Maine say that she had never seen guage—helping all of us remember appointment. a better witness before her committee. those principles that unite us as one When I looked at Judge Chertoff in As Secretary of Homeland Security, country. That is a part of the Depart- my office, we compared experiences. He Judge Chertoff will play a very impor- ment of Homeland Security. It is of in- was a law clerk on the Supreme Court, tant and visible role in our everyday creasing interest to Members of the so he had gone through some of the lives, protecting us from terrorism, but Senate on both sides of the aisle, and I similar experiences that I had as a law- my purpose today is to highlight an- look forward to working with Judge yer, and also I was assistant U.S. attor- other job he has. He is also the chief Chertoff in this new role and I support ney as was he. I said: You have to ex- immigration officer. As Secretary, he his confirmation. plain to me why you gave up a lifetime will oversee the Bureau of Citizenship The PRESIDING OFFICER. Who appointment to a position in which you and Immigration Services, the suc- yields time? The Senator from Maine. can control your hours and largely con- cessor to the INS, which manages im- Ms. COLLINS. Mr. President, I yield trol your vacations and have a magnifi- migration in this country. This job of 5 minutes to the distinguished Senator cent family life and everything else to Judge Chertoff is not primarily about from Virginia and, from the minority’s take on this enormous, uncertain chal- keeping people out of the United time, I will yield 10 minutes to the dis- lenge. States; it is also about welcoming new tinguished Senator from New York. He looked me in the eye, and he said: Americans into the United States. The PRESIDING OFFICER. Without In America, you have to step up and be The numbers are down some since objection, the Senator from Virginia is counted when the President and the 2001, but as many as 1 million immi- recognized. citizens of this Nation need you. I give

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I will vote with the advice and consent of this au- separate Government agencies, still yes on the nomination of Michael gust body, we will send forth an indi- not all working together. That is no Chertoff as Secretary of the Depart- vidual eminently qualified to handle small task. ment of Homeland Security. this position, and one who will bring Judge Chertoff will have to be smart, Ms. COLLINS. Mr. President, I thank about the necessary security that this tough, dedicated, and savvy—but a my colleague from New York for his country deserves and needs and ex- keen mind and a strong work ethic will excellent statement. pects. not be enough. As I have said, what has I see a very valuable member of the I yield the floor. been missing from homeland security committee, the Senator from Hawaii, The PRESIDING OFFICER. The Sen- has been funds and focus. A color-coded is here to speak. I am prepared to yield ator from New York is recognized. warning system can have all the colors to him 10 minutes from the minority Mr. SCHUMER. Mr. President, I also in the rainbow, but without adequate side. rise to speak in support of the nomina- funding for vital programs and without The PRESIDING OFFICER. The Sen- tion of Michael Chertoff. a laser-like focus, we are not serving ator from Hawaii. Today we vote on one of the most im- the people well. Judge Chertoff assured Mr. AKAKA. Mr. President, I rise portant Cabinet positions in our Gov- me he would fight hard for the funds today to discuss the nomination of ernment, and that is Secretary of the and maintain a strong focus to main- Judge Michael Chertoff to be Secretary Department of Homeland Security. tain these programs at the Department of the Department of Homeland Secu- New York, perhaps more than any if confirmed. If my reading of his char- rity, DHS. other State in the Union, knows the acter and personality is correct, he will Since the inception of DHS in 2003, need for a strong defense at home. make those fights inside the adminis- Secretary Tom Ridge has led the de- Therefore, I take this vote very seri- tration that have been lacking thus partment with strength and grace. His ously. I have considered carefully far. tenure sets a high standard for future Judge Michael Chertoff’s background. I Judge Chertoff, of course, will also secretaries to meet. I would like to have considered his experience, and I have to commit himself to working take this opportunity to thank Sec- met with him personally to express the with Members of Congress in a bipar- retary Ridge for his hard work and needs and concerns of the citizens of tisan way, so together we can best pro- dedication to his country. New York and my own concerns about tect the homeland. As a member of the Homeland Secu- what we have and have not been doing Unfortunately, as I said in the past, rity and Governmental Affairs Com- when it comes to homeland security. sometimes this administration has mittee, I was able to discuss with After careful review and after hear- acted with too much secrecy and too Judge Chertoff his positions on issues ing his commitment to work with me often it has failed to consult Congress. such as the DHS personnel regulations, and other Members of this body, I in- Too often it behaved as if it has a mo- civil liberties, and bioterrorism. Judge tend to vote in favor of Judge nopoly on wisdom. I am optimistic that Chertoff expressed his commitment to Chertoff’s nomination for this vital Judge Chertoff will, as he has assured these issues and promised he would in- post. It is clear, crystal clear, that me, work with us in a bipartisan way. vestigate and report back to the com- Judge Chertoff has the intelligence and I have also talked to him about the mittee on a number of DHS policies of the skill to run this behemoth Depart- need for changing the funding formula concern to me. ment. There is no question about that. so funds are not distributed simply as There were five main points that I But what has really been missing from if they were dropped from an airplane, raised with Judge Chertoff. First, I the Government is an advocate for but go to the places of the greatest asked for his assurance that he will de- funds and focus in homeland security need. fend the Constitution to safeguard our that will protect New York and the I have told him it is unconscionable civil liberties. The price of security rest of the country. Judge Chertoff as- Wyoming gets more on a per-capita should never erode our constitutional sured me he would fight within the ad- basis for homeland security than New freedoms, which are essential to the ministration for resources that have York. He has told me that we have a preservation of this democracy. One been missing in homeland security. real problem with the funding formula; specific activity I have concerns about It is no secret that, while we have he knows it has to be changed and he is data mining, which could involve the given all the money it takes to fight would work to change it. collection of personal data that could the war on terror overseas, we have I have also raised with Judge violate an individual’s privacy rights. shortchanged the domestic war on ter- Chertoff the serious problems of staff- Judge Chertoff affirmed his commit- ror at home. Program after program, ing we have at the northern border ment to liberty and privacy, and I will which we all admit is necessary to de- with Canada. New York, of course, has continue to monitor DHS closely to en- fend us at home, is shortchanged when a 300-mile such border. As of last year, sure that he fulfills that commitment. it comes to funding and focus. we were short more than 1,400 Customs We also discussed the just-released The Department of Homeland Secu- and Border Protection officers on that personnel regulations covering the rity was run by admirable people, but border. Judge Chertoff promised to 180,000 men and women who staff DHS. their constitution was such that when make securing the northern border a To make these new regulations work, they went into the Oval Office, they priority, should he be confirmed by the there must be significant and meaning- didn’t make much of a fight for the Senate. ful outreach to this dedicated work- things that were necessary. I also pressed Judge Chertoff on force, their unions, and their man- I asked Judge Chertoff about that other matters, areas in which the Gov- agers. A well-managed organization when I met him. I said: I am sure you ernment should do more to protect the values employee input and understands are not going to make a public fight, homeland. I discussed with him the the important role employees play in but are you privately, within the con- creation of an assistant secretary for protecting against mismanagement. To fines of the Oval Office, going to de- cybersecurity, something I have raised undermine opportunities for employees mand the funds that this Department before, given reports of the mounting to voice concerns or even have notice needs to make us secure? He told me he attacks on our computer systems. On of departmental changes unnecessarily would. these and on other matters, Judge harms workers. There is no doubt Judge Chertoff has Chertoff has shown a willingness to de- My third concern is the protection of been blessed with a brilliant mind, and liberate and be openminded and that whistleblower rights in the depart- he has formidable experience as a pros- means a lot in my book. ment. Whistleblowers alert Congress

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The distin- environment that promotes the disclo- ticularly the Homeland Security and guished chairman of the Armed Serv- sure of Government mismanagement Governmental Affairs Committee, and ices Committee, who also serves on our and Government illegality. In response, has promised to provide the informa- committee, held a number of hearings he promised ‘‘to support whistle- tion we need to fulfill our oversight re- to explore the treatment of detainees. blowers and to support candid assess- sponsibilities. It is my understanding that the Senate ments by employees when there are With Judge Chertoff’s assurances Intelligence Committee is also embark- problems in the department.’’ I am that he will protect civil liberties and ing on an investigation of the treat- pleased he acknowledges the impor- whistleblower rights, work openly with ment of detainees by CIA personnel. So tance of whistleblowers to a Federal Congress, and prioritize the other this is an issue. But the problem is, agency and has vowed to protect their issues I have detailed today, I will sup- this is not an issue in which Judge rights. As ranking member of the Sub- port his nomination to be the Sec- Chertoff has been involved in setting committee on Oversight of Government retary of Homeland Security. I believe policy. He is being asked for informa- Management, the Federal Workforce, he has the professionalism and the tion he simply does not have. and the District of Columbia, and the commitment to serve the department At our committee’s nomination hear- author of whistleblower protection leg- well, and I hope we, in the Congress, ing, Judge Chertoff was asked about islation, I will be monitoring the de- will enjoy a long and productive rela- these concerns by my distinguished partment closely to ensure that Judge tionship with him. colleague from Michigan, Senator Chertoff follows through on this prom- Thank you very much, Madam Chair- LEVIN. Judge Chertoff’s answer was un- ise. man. equivocal. Let me read it to you. He The fourth issue on which I asked for The PRESIDING OFFICER. The Sen- said: Judge Chertoff’s commitment was bio- ator from Maine. I was not aware during my tenure at the terrorism and, more specifically, agri- Ms. COLLINS. Mr. President, I thank Department of Justice that there were prac- culture security. Since 2001, I have my colleague from Hawaii for his ex- tices at Guantanamo, if there were practices urged the administration to develop a cellent statement. He is a very valu- at Guantanamo, that would be torture or coordinated response to bioterrorism able member of the committee, and I anything even approaching torture. and agroterrorism through legislation, very much enjoy working with him. He was not aware—not he did not re- which is critical to the health and safe- I rise again today in support of the call not he was not sure; He was not ty of Americans. nomination of Judge Michael Chertoff aware. That is unambiguous testi- Yesterday, I had the opportunity to to be the new Secretary of Homeland mony. participate in a gaming exercise called Security. As the Presiding Officer Our responsibility as Senators to ad- ‘‘Scarlet Shield’’ at the National De- knows better than most, this is one of vise and consent on executive branch fense University that postulated a bio- the most challenging and critical jobs nominees is a solemn one. It is one, as terrorist attack. This exercise brought in the entire Federal Government. chairman of the committee, I take home to me the need to do much more Judge Chertoff is clearly the right per- very seriously. If there were a good in ensuring an effective, coordinated son to take the helm of this Depart- reason to delay consideration of a nom- response. ment, and it is past time to put him in ination in order to secure important I will introduce shortly the Home- that post. information, then delay would be ap- land Security Food and Agriculture The Committee on Homeland Secu- propriate; it would be called for. But Act of 2005, which will improve State, rity and Governmental Affairs held a expecting a nominee to provide infor- local, and tribal governments’ ability nomination hearing for Judge Chertoff mation that he has sworn under oath to respond to an attack on the food on February 2. It was a long and thor- he does not know is not a good reason supply and facilitate DHS’s coordina- ough hearing. Judge Chertoff answered for delaying his nomination. tion with other Federal agencies with every question posed to him fully and The questions about Judge Chertoff’s food and agriculture responsibilities. candidly. His responses to more than knowledge of the treatment of detain- Judge Chertoff agrees with me that 250 written questions my committee ees have been asked and answered, re- bioterrorism is one of the greatest presented to him were just as forth- peatedly. They have been asked in pre- threats our Nation currently faces, and right. His nomination was endorsed by hearing questions. They have been as such I hope I can count on his sup- a unanimous vote. asked at the hearing. And they have port for my bill. I mention this because there should been asked posthearing. The final issue I discussed with the be no impression among our colleagues Judge Michael Chertoff is eminently Judge is the security challenges for my that our committee did not do a thor- qualified for this important position. home State of Hawaii, 2,500 miles from ough job in questioning Judge Chertoff. In his distinguished career, he has es- the West Coast. Being the only island To the contrary, he was subjected to tablished a strong reputation as a State, Hawaii has been blessed with di- hundreds of questions. He responded to tough prosecutor. But he has estab- verse and breathtaking geography and every question posed to him at our lished a reputation as a fierce defender a unique culture. However, its geo- committee’s lengthy nomination hear- of civil liberties. His position on the graphic location poses challenges to se- ing. And every member of the com- balance between these two critical curing the State from asymmetric mittee, on both sides of the aisle, had roles was made clear in his testimony threats. For example, when disaster ample opportunity to question Judge before the committee. He said: strikes, Hawaii cannot call on neigh- Chertoff on whatever issues they I believe that we cannot live in liberty boring States for assistance due to dis- wished to raise with him. without security, but we would not want to tance and time difference. Our eight in- In fact, I am aware of no opposition live in security without liberty. habited islands must be self sufficient. to his nomination. Virtually the only I cannot think of a more eloquent For that reason, I have established issue we have debated during the statement by a nominee, showing us— positive working relationships with course of these proceedings is one that demonstrating beyond a doubt—he Secretary Ridge and senior policy- I believe has no bearing whatsoever on clearly understands that as he in- makers from DHS as well as from Judge Chertoff’s fitness to serve in this creases security for our Nation, he PACOM and NORTHCOM to ensure critical capacity. This issue is the de- must be ever mindful of privacy rights, that when national homeland security mand, by a few of our colleagues, for of civil liberties, of the very freedoms policies are being formulated, the information regarding the FBI’s per- that define us as Americans, and that needs of Hawaii are kept under consid- sonnel working at Guantanamo Bay’s we cherish. Indeed, we would be hand- eration. Judge Chertoff promised to be detention facility and what informa- ing the terrorists a victory if we so

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He has a keen understanding the fact that Judge Michael Chertoff, things correctly and honestly. of the broad range of homeland secu- the nominee to be Secretary of Home- Michael Chertoff also played a crit- rity vulnerabilities faced by States and land Security, is from New Jersey. I ical role in helping the New Jersey communities throughout the country. hope we are going to see a strong vote State legislature investigate racial When I have talked to law enforce- for his confirmation. profiling in our State. It was a blight ment officials from Maine to California I thank our chairman and leader in on our community. Driving while about Judge Chertoff, they have unani- the Governmental Affairs Committee Black should not be a crime, and we mously and enthusiastically embraced for her persistence in moving some identified that very clearly. As a mat- his nomination. They know he will lis- very important matters through that ter of fact, oddly enough, the present ten to State and local law enforcement, committee. She worked very hard at it. attorney general of the State of New and that he views them as partners in First it was the intelligence reform Jersey, a fellow named Peter Harvey, our fight to tighten and improve our bill. While I was annoyed that I had to distinguished attorney and outstanding homeland security. work Saturdays and other days, the member of the Governor’s cabinet, was I point out that Judge Chertoff was fact is, without the diligence shown by stopped on one of our highways. He had confirmed three times previously by the Senator from Maine, we would not pulled into a restaurant parking lot, this body. He was confirmed over- have gotten it through. We were on the and a policeman came over and asked whelmingly by both sides of the aisle 2 edge of the precipice when finally it to check his license and to inspect his years ago for one of the highest courts passed, and I was enthusiastic to try to car for no reason other than the fact in the land. And now, having attained a be of help there. So it is with this issue that he was Black. There was no other lifelong appointment at the pinnacle of as well. reason. He had no suspicion sur- his legal profession, he nevertheless is This is an important day for Amer- rounding his presence. Yet our attor- giving that up. He is giving up a life- ica. We all are concerned about the ney general, then a lawyer, was time appointment on one of the most issue that haunts us constantly. Memo- stopped because of color. That should prestigious courts in the country to ries of 9/11 will never leave the minds of not be a crime. Thanks in part to step forward to serve our Nation in one those who were alive or who study Judge Chertoff’s efforts, the State leg- of the most difficult jobs imaginable, American history in the future. It was islature passed a bill to ban racial one of the most thankless jobs in the a terrible day for America. We live profiling. That prompted me to intro- Federal Government. every day with the remnants of that duce the first bill in the U.S. Senate to I remind my colleagues of what he reminder. address this issue. The results have told our committee when I asked him This morning, in the Commerce Com- been excellent. why he was willing to give up that mittee on which I sit, we had a discus- Judge Chertoff now serves on the judgeship, why he was willing to make sion on aviation safety and baggage se- prestigious U.S. Court of Appeals for that sacrifice. He said—and his words curity requirements. I came down this the Third Circuit. A good measure of are eloquent— morning from New Jersey and, because his commitment to public service, one September 11th and the challenge it posed of some security involvements, was un- he has been questioned about publicly was, at least to my lights, the greatest chal- able to catch two airplanes. But it had in place after place, including our com- lenge of my generation, and it was one that to be done. It was not that I was par- mittee, is the question as to why he touched me both personally and in my work ticularly suspicious looking, but there would give up a lifetime tenure on the at the Department of Justice. was a line to get through, and that is The call to serve in helping to protect second highest court in the land to ac- America was the one call I could not decline. what happens. So we are always re- cept a call to duty. We hope this tenure minded. Go into a building, popular We are fortunate to have an indi- will be better, but it will have to be places, and you cannot go into those vidual of Michael Chertoff’s quality, earned every day of his career. places, wherever they are, whether with his commitment to public service, The mission of the Department of they are concerts or whether they are who is willing to answer the call of his Homeland Security is critical to our educational forums, if it has any vol- country. I hope he will be unanimously country and to my State of New Jer- ume of attendance, you will invariably confirmed later this afternoon. sey. On September 11, 2001, 700 of the I suggest the absence of a quorum. see the security process at play. We are almost 3,000 people who perished that The PRESIDING OFFICER. The worried about our families and our so- day came from the State of New Jer- clerk will call the roll. ciety, how we function. sey. There is hardly anyone in our The assistant legislative clerk pro- Judge Chertoff has been selected to State who didn’t know someone or ceeded to call the roll. be the next Secretary for Homeland Se- some family member of someone who Ms. COLLINS. Mr. President, I ask curity. It is fair to say that Secretary died that day in the World Trade Cen- unanimous consent that the order for Ridge did a good job in trying to amal- ter. the quorum call be rescinded. gamate all these parts into an organi- I was a commissioner of the Port Au- The PRESIDING OFFICER. Without zation with 180,000 people. It is an enor- thority of New York and New Jersey objection, it is so ordered. mous task. Fortunately, the foresight when I was elected to the Senate, and Ms. COLLINS. Mr. President, I ask to name someone such as Michael those Trade Center buildings were kind unanimous consent to speak as in Chertoff to this post did present an un- of a business home for me. morning business for up to 10 minutes usual and appropriate candidate. He re- From the location where I live now, I and that this speech not interrupt the ceived undergraduate law degrees with could see the silhouette and the trade debate on the Chertoff nomination. honor from Harvard University. After centers always as a landmark. It was a The PRESIDING OFFICER. Without law school, he clerked on the Second pleasure to get up in the morning and objection, it is so ordered. Circuit Court of Appeals. Following see the sun coming over the tops of Ms. COLLINS. Mr. President, I will that clerkship, he went on to serve as those buildings. Yes, when we saw what withhold that request so that the Sen- a clerk for a great New Jerseyan, Su- happened that day, smoke rising from ator from New Jersey, who has just preme Court Justice William J. Bren- the World Trade Center buildings, as come to the Chamber, may speak on nan. each one collapsed in a crush of flames the nomination. I yield him 10 minutes In 1990, Michael Chertoff, in his mete- and debris, that can never be forgotten. from the minority side. oric rise to the top because of his abil- The New York/New Jersey region bore The PRESIDING OFFICER. Without ity, became the U.S. attorney for the the brunt of those attacks on that ter- objection, it is so ordered. District of New Jersey. During that rible day.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1373 It continues to be identified, by the ferent issues—Social Security and confirmed by the Senate for several po- way, by the FBI as the most at-risk other legislation that is before us that sitions. His experience includes serving area for terrorist attack. The 2 miles needs attention. Here is an example of as a Federal appellate court judge, that go from Newark Liberty Airport where we can arrive at a consensus United States Attorney, and head of to the New York/New Jersey harbor are view with dispatch—get it done. We the Criminal Division at the United said by the FBI to be the most inviting know Judge Chertoff is an excellent States Department of Justice. How- targets for terrorists. Judge Chertoff candidate, but that is not to say there ever, questions have been raised about understands this. When Senator may not be a vote against him. There the potential involvement of Judge CORZINE and I talked with Michael were votes against the confirmation of Chertoff in the prison abuse scandals, Chertoff, we didn’t have to remind him Secretary Condoleezza Rice. There was an issue that was pivotal in my opposi- about what that area looks like, what a difference of view. It was the same tion to Judge Gonzales being confirmed that stretch of land is like that could thing with Mr. Gonzales. But it reflects as the United States Attorney General. be so inviting to terrorists. I am con- the fact that the minority is rep- Senators LEVIN and LIEBERMAN have fident Judge Chertoff will work to tar- resented. There were many people from been working to determine whether get homeland security grants to areas the Democratic side who voted for Sec- Judge Chertoff had any knowledge where the actual risk and threat of ter- retary Rice and for Attorney General about the scandal, and they deserve rorism are the greatest. Gonzales. But why is there a move un- our profound thanks. However, as in This is not just about New York and derway—I use this opportunity to say too many cases, this administration New Jersey. There are many high-risk this—to undercut the voice of the mi- has made a decision to keep much of States—some are colored red in the po- nority? It was said by our leader here the information from the public. The litical description that we use today, that 48 million people voted Democrat citizens of the United States deserve and some are blue. Examples: Texas, in the last Presidential election. Do we honesty and openness from the govern- Florida, California, Georgia, Illinois, want to say that those voices should ment. Virginia—the list goes on of States not be heard? Never. The information that has been re- where there are inviting targets for Mr. President, I know you and our vealed shows that Judge Chertoff had terrorists. These high-risk States are chairperson, Senator COLLINS, were no knowledge or involvement in the not getting enough funding because, elected with good support from your torture scandal. I must make a deci- under current law, 40 percent of all constituents. Does that free you from sion based on the record I have in front homeland security grants—over $1 bil- representing the part of the constitu- of me, not on the possibility of the lion each year—is given to each and ency that didn’t vote for you? Not at record I do not know. Reviewing this every State regardless of risk and all. We have to recognize that schemes record leads me to believe that Judge threat. That doesn’t make sense. that would deprive the minority from Chertoff would be capable of per- The PRESIDING OFFICER (Mr. registering their point of view are forming the duties of Secretary of the COLEMAN). The Senator has used his 10 against the Constitution. It is against Department of Homeland Security, and minutes. the fabric of our democratic society to I will thus support his confirmation to Mr. LAUTENBERG. Mr. President, I say if you didn’t vote for us, we are that position. ask unanimous consent that I be per- going to nail you; you are not going to It is my hope that Judge Chertoff mitted 5 more minutes. have your view; you are obstruction- will complete the work that Secretary The PRESIDING OFFICER. Is there ists. That is not right. Here we have a Ridge began and create an integrated objection? chance once again to express some bi- Department of Homeland Security. I Ms. COLLINS. Mr. President, I will partisanship by voting for an out- also hope that Judge Chertoff will be make clear that it is coming from the standing candidate to be the next Sec- able to lead by example and create the Democrats’ time. retary of Homeland Security. open environment at the Department Mr. LAUTENBERG. We are glad to I yield the floor. of Homeland Security that my con- Mr. JEFFORDS. Mr. President, We take that responsibility. I may ask for stituents and the citizens of this Na- are here today discussing the nomina- a minute or two more. tion deserve and expect. tion of Judge Michael Chertoff to be The PRESIDING OFFICER. The Sen- It will take many hours of hard work the next Secretary of the United States ator is recognized for 5 more minutes. and it will not be easy. I wish him the Department of Homeland Security. Mr. LAUTENBERG. Mr. President, Let me begin by thanking Secretary best of luck in accomplishing the task. the 9/11 Commission report stated: Ridge for all he did in leading the de- Mr. HATCH. Mr. President, today I Homeland security assistance should be partment through its creation and rise in strong support of the nomina- based strictly on an assessment of risks and start-up. It was a difficult job and the tion of Judge Michael Chertoff to be- vulnerabilities. Federal homeland security Nation owes him a debt of gratitude for come Secretary of Homeland Security. assistance should not remain a program for Voting in favor of Judge Chertoff and general revenue sharing. tackling this difficult task. I opposed the creation of the Depart- commending him on his remarkable ac- The 9/11 Commission correctly under- ment of Homeland Security, in part, complishments is beginning to become stood that homeland security is too because I was concerned that by com- a habit for us. important to be caught up in pork-bar- bining disparate areas of the Federal At the beginning of President Bush’s rel politics. That is why Senator Government we could create more first term, Judge Chertoff was nomi- CORZINE and I introduced a bill last problems than benefits. Several recent nated to become Assistant Attorney week, S. 308, requiring that all home- reports from the Government Account- General for the Criminal Division. To land security grants for terrorism pre- ability Office have shown that this is a this position, he brought years of expe- vention and preparedness be based on valid concern. rience as a Federal prosecutor in New relative risks, threats, and The next Secretary of the Homeland York and a highly successful term as vulnerabilities. I hope my colleagues Security Department will need to focus the U.S. attorney for the District of will see that that is in the national in- time and energy on ensuring that the NewJersey. terest and support that legislation. I various divisions within the depart- As a prosecutor, Judge Chertoff han- know Judge Chertoff understands that ment become integrated. A separate dled a wide variety of complex crimes problem. He is a highly intelligent, and divided Department of Homeland that included successfully prosecuting competent, and dedicated public serv- Security cannot work to increase our a RICO murder case involving the ant who has compiled a number of im- national security. Our best chance for third-ranking member of the Genovese pressive accomplishments in all three preventing another terrorist attack re- La Cosa Nostra Family and others. The branches of the Federal Government. I lies on a coordinated and well run principal defendants were convicted of ask my colleagues to vote to confirm agency. If this does not occur, I fear conspiring to murder John Gotti and him. that my original concern regarding the murdering a mob associate. They each I would like to add a word. Right creation of this entity will be realized. received 75 to 80 year prison terms. now, we are talking about whether the Judge Chertoff has an impressive re- He also successfully prosecuted the minority is obstructing progress on dif- sume and, in fact, has already been Mafia Commission Case, which charged

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1374 CONGRESSIONAL RECORD — SENATE February 15, 2005 the bosses of all five New York La Cosa Mr. President, it has been my privi- cluding establishing an Operational In- Nostra Families with operating a na- lege to know Judge Chertoff for a num- tegration Staff, but a great deal is still tional commission through a pattern of ber of years and I can honestly say that left to do. racketeering acts such as extortion, the President has made an inspired de- Judge Chertoff has experience mov- loan sharking, and the murders of a cision in this nomination. ing unwieldy bureaucracy in times of mafia boss and two associates. Mr. SALAZAR. Mr. President, I rise crisis. As Assistant Attorney General Upon his confirmation, Mr. Chertoff today to discuss the nomination of of the Criminal Division of the Depart- ran the Criminal Division of the De- Judge Michael Chertoff to be our Na- ment of Justice from 2001–2003, Chertoff partment of Justice during the trying tion’s second Homeland Security Sec- shared information and coordinated days after September 11. As Senator retary. antiterrorism efforts not only across COLLINS stated: Our next Homeland Security chief DOJ, but also with DHS and foreign since 9/11, Judge Chertoff has established will face a number of urgent chal- law enforcement. Chertoff also pushed himself as a leading expert on the legal and lenges. I believe the most pressing of resources to the field where they were national security issues surrounding the war those will be better coordinating our needed most. on terror. Federal, State and local homeland se- Chertoff was essentially the Nation’s After this period, in which I worked curity personnel. attorney as it prosecuted the war on closely with the Criminal Division of When I was Colorado’s attorney gen- terrorism. I know a little about this. the Justice Department to formulate eral, I started a new effort to bring dis- As Colorado’s former top attorney, I the PATRIOT ACT, Judge Chertoff was trict attorneys, police departments and can tell my colleagues that one needs a nominated to the third Circuit and was sheriffs together to foster interagency good lawyer to fight crime and prevent confirmed by a vote of 88 to 1. cooperation. That was tough, but it al- terror. As we all know, becoming a judge on lowed us to coordinate and fund better Chertoff will also have to balance the the 3rd Circuit is a lifetime appoint- law enforcement training, and better need to fight terrorism with the need ment and the culminating achievement prosecute gang violence, fight senior fi- to preserve our freedom. of many outstanding legal careers. Few nancial fraud, establish school hotlines This is a difficult balance to achieve. leave the bench before retirement. and many other vital efforts to fight In the last few years, we have faced However, Judge Chertoff is not a man crime that knows no jurisdictional some difficult choices. The administra- tion has detained terrorism suspects who will shirk from his duty. His na- boundaries. tion called and asked him to sacrifice. The challenge for DHS is, of course, for long periods without access to an He answered that call and stood up to even larger. attorney. They have tried to use mili- be counted during a period of war. Unfortunately, 3 years after 9/11 tary tribunals instead of civilian This is true not only for the time there is a huge gap between Wash- courts. And worst of all, the adminis- that he spent affiliated with the Jus- ington and our first responders on the tration’s uneven record on adherence tice Department but in his everyday ground. In his fiscal year 2006 budget, to the Geneva Convention and on the practice. For example, Judge Chertoff the President proposed consolidating use of torture is an affront to our served as special counsel to the New and reducing funding for State and American ideals. Chertoff has expressed his belief that Jersey Senate Judiciary Committee in local heroes. torture is wrong. He expressed his phi- its investigation of racial profiling. At a time when our law enforcement losophy during his confirmation hear- Under his counsel, the committee agencies are being asked to do more ing: ‘‘We cannot live in liberty without held nine hearings examining racial with less, the President apparently be- security, but we would not want to live profiling allegations, concluding that lieves they should have even less. The in security without liberty.’’ the former attorney general had misled President’s budget for next year elimi- Judge Chertoff has said all the right the committee and had attempted to nates funding for new hires under the things about preserving civil liberties. cover up the extent of racial profiling COPS grants, which have helped to put But we will face numerous threats to in New Jersey from the U.S. Depart- 1,289 additional officers on the streets our security over the next 4 years, and ment of Justice. in Colorado. The President’s budget we will be faced with even tougher After a convicted rapist was mistak- also calls for a 24 percent cut in home- choices. It is my sincere hope that enly released from prison, Mr. Chertoff land security grants to States and a Chertoff will do a better job than his again served as special counsel for the complete elimination of grants to rural predecessors have done in allowing us New Jersey Senate Judiciary Com- fire fighters. to live with both security and liberty. mittee during its hearings into the ap- At the same time, the Homeland Se- What strikes me most about Mike plication of Megan’s Law, which re- curity grant money that is available is Chertoff is his commitment to public quires State correction officials to no- not flowing effectively to State and service. Two years ago, Chertoff was tify prosecutors 90 days prior to the re- local agencies. Police, fire and emer- confirmed for a lifetime appointment lease of a sex offender, and the reasons gency medical departments are not to the 3rd U.S. Circuit Court of Ap- why it was not being systematically getting the help they need. Worse yet, peals. Chertoff could easily have kept employed by the State. critical anti-terrorism intelligence is that seat forever, but he stepped down Mr. Chertoff also represented three not getting to the law enforcement per- from that secure job to face another indigent defendants on death row in sonnel on the ground who can act on it. political gauntlet. In short, when duty Arkansas through a program operated I met with Mike Chertoff and he called, Judge Chertoff answered. by the NAACP Legal Defense Fund. promised me that he would work to You could not ask for a tougher job The death sentences of all three de- better coordinate Federal, State and in Washington than Homeland Security fendants were overturned on the appeal local agencies. I appreciated his candor Secretary. I am hopeful Judge Chertoff that he handled. in our meeting, but I am very dis- is the right person for the job. I understand that Judge Chertoff re- appointed to see his unwillingness to Mr. CORZINE. Mr. President, I rise ceived the unanimous approval of the respond to a series of very straight- today in strong support of the con- Homeland Security and Governmental forward questions posed by Senators firmation of Michael Chertoff to be Affairs Committee, with one member Levin and Lieberman. Secretary of Homeland Security. He is voting ‘‘present.’’ I believe that this is Here is why this matters: we need a an extraordinary professional and a re- not only a reflection on the judge’s cre- straight-shooting and straight-talking markably talented lawyer. He is highly dentials but a realization that securing person in this job. Judge Chertoff will intelligent, honorable, and impartial. the homeland is not a partisan issue, face the awesome task of wrangling the He is also a straight shooter, which is but a commitment by the Government 180,000 employees and 22 agencies that exactly what we need right now in this to its people that we will find the best form the Department of Homeland Se- position. He is also a personal friend. leaders to defend our Nation. Judge curity. Secretary Tom Ridge started Mr. Chertoff has impeccable creden- Chertoff time and time again has set the process of cutting the bureaucratic tials—not the least of which is being a the standard by which others will have red tape and integrating the depart- native New Jerseyan. He attended Har- to follow. ment. DHS took a number of steps, in- vard College and Harvard Law School,

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1375 where he was editor of the Harvard tourists and those who work there, is onstrated the risk that rail transport Law Review. He then served as a Su- visited by as many as 300,000 people. of toxic chemicals could be attacked by preme Court law clerk. In private prac- Wall Street and other financial serv- terrorists. There is important work re- tice and public service, he developed a ices firms house important front and maining at TSA, where airport screen- reputation as a brilliant, tough, fair, back office operations, including clear- ing is far from complete and where too and truly world class litigator, and ance and settlement services, and other little attention has been paid to ground earned the respect of his peers and ad- operations essential to the functioning transportation. versaries. Indeed, one New Jersey paper of America’s capital markets in New- And the Department of Homeland Se- has even suggested he might be New ark, Jersey City, and Hoboken. And, curity has not yet adequately con- Jersey’s ‘‘Lawyer Laureate.’’ last summer, Newark was one of three fronted the vulnerabilities of our ports. In recent years, Judge Chertoff has locations including New York City and The checklist is long and the issues served as Assistant Attorney General Washington, DC—that was put on Or- complex. And in my view, Judge for the Criminal Division and circuit ange Alert for a possible terrorist at- Chertoff is the best person to address judge for the Third Circuit. In each of tack as intelligence suggested that the them. these capacities and throughout his ca- Prudential building in downtown New- One of the critical issues to be ad- reer, he has served our Nation excep- ark could be a target. dressed by the new Secretary of Home- tionally well. So when Judge Chertoff Yet despite these growing threats to land Security will be civil liberties. I told me recently that this position, as New Jersey from anthrax to the Orange strongly believe that we as a nation Secretary of Homeland Security, is the Alert, and the ever-expanding costs as- can be both secure and free. Given most important task he has ever un- sociated with protecting the most Judge Chertoff’s work on racial dertaken in his public career, I took densely populated State in the coun- profiling in New Jersey, I am confident notice. Given his commitment to pub- try—remarkably homeland security that he will pursue law enforcement lic service and the distinguished re- grants to New Jersey were cut in 2005. strategies that are both effective and sults of his remarkable career, this Funding was reduced from $93 million unbiased. His stated commitment to statement speaks for itself. in 2004 to $61 million in 2005. Newark respecting recent Supreme Court deci- I wish to emphasize one particular will see a 17-percent reduction in funds, sions on detainees assures me that he aspect of Judge Chertoff’s career: his from $14.9 million to $12.4 million. And, will always pursue terrorists within role in helping the New Jersey State incredibly, Jersey City’s homeland se- the context of our laws and treaty obli- legislature investigate racial profiling. curity funds will drop by 60 percent, gations. And his public as well as pri- As special counsel to the State senate from $17 million in 2004 to $6.7 million vate calls for a new approach to detain- Judiciary Committee, he led the com- in 2005. ees is indicative of a thoughtful and mittee probe into how top State offi- These cuts leave New Jersey home of open-minded professional. cials handled racial profiling by the countless companies and people who While I fully understand the concerns State Police. His work was bipartisan, keep our economic engine moving; raised by my colleague from Michigan, objective, balanced, and thoroughly home of one of the most active and ex- I am disappointed that it delayed this professional, and helped expose the fact posed ports in the country; home of one confirmation vote. The Congress has an that for too long, State authorities of the busiest airports in America; obligation to oversee how this adminis- were aware that statistics showed mi- home of our Nation’s new Homeland tration is treating detainees, in Guan- nority motorists were being treated Security Secretary—36th in the Nation tanamo and around the world. Access unequally by some law enforcement of- in per capita homeland security fund- to FBI memoranda on this topic are ficials, and yet ignored the problem. ing. critical to this oversight. But this par- This landmark racial profiling inves- I was pleased that the President’s ticular document has nothing to do tigation demonstrated Judge Chertoff’s budget called for an allocation of with Judge Chertoff’s qualifications for ability to balance the State’s responsi- homeland security funding based on this critical position. Indeed, I have bility to provide for the public safety risk and vulnerability. This common- confidence that Judge Chertoff—who with protecting our citizens’ civil lib- sense approach mirrors the rec- has called for more open discussion on erties. ommendations of the 9/11 Commission. the topic of detention—will work close- Judge Chertoff is uniquely positioned Senator FRANK LAUTENBERG and I ly with Congress so that we can come to undertake the enormous challenges have introduced legislation that would to a full understanding of what has that come with the position of Sec- require that homeland security funding happened and where we go from here. retary of Homeland Security. Particu- be allocated along these lines. This bill No one knows what the future may larly important to the citizens of New grants the Department of Homeland bring. The terrorist threat shifts, and Jersey is his understanding of the crit- Security the authority it needs to keep we are constantly learning about new ical importance of allocating our us safe and will allow Michael Chertoff vulnerabilities. At this critical mo- homeland security resources to those to be an outstanding Secretary of ment, I believe that Judge Chertoff has areas of the country where the risks Homeland Security. the kind of commitment, intellect, and and vulnerabilities are greatest. Judge Chertoff also understands the imagination that we need as someone New Jersey is on the front lines of critical importance of protecting our who is focused on keeping us safe, as terrorism. We lost 700 people on Sep- chemical facilities. Only a week ago, someone who understands that home- tember 11, 2001. Two of the 9/11 terror- the former Deputy Homeland Security land security means identifying the ists were based in New Jersey, and the Advisor to the President testified to greatest risks and vulnerabilities and anthrax that hit this institution origi- this committee that industrial chemi- making them a priority, as someone nated in New Jersey. The Post Office in cals are ‘‘acutely vulnerable and al- who recognizes that, in protecting our- Hamilton, NJ, where the anthrax was most uniquely dangerous,’’ presenting selves, we cannot sacrifice our basic sent, has taken years to clean up and a ‘‘mass-casualty terrorist potential ri- principles and values. Mr. President, I will finally reopen next week. The valed only by improvised nuclear de- am confident that Michael Chertoff is costs are expected to be $72 million for vices, certain acts of bioterrorism, and that person. decontamination and $27 million for the collapse of large, occupied build- Mr. DURBIN. Mr. President, I rise the refurbishment of the facility. ings.’’ He added that chemical plant se- today in support of the nomination of Newark Liberty Airport, and Port curity ‘‘should be the highest critical Judge Michael Chertoff to be the new Newark, and the Ports of Philadelphia infrastructure protection priority for Secretary for the Department of Home- and Camden are critical the Department of Homeland Security land Security. vulnerabilities. New Jersey is home to in the next two years.’’ Make no mistake, I believe the chal- rail lines, bridges, and tunnels to New There are other critical issues that lenges facing Judge Chertoff at the 2- York City, as well as chemical plants the nominee will face and that I am year-old Department are monumental. and nuclear facilities. Atlantic City confident he is prepared to take on. They include negotiating turf battles has the second highest concentration Our rail lines are woefully unprotected with other powerful Cabinet Secre- of casinos in the country, and between and recent accidents have dem- taries and ensuring that 22 formerly

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1376 CONGRESSIONAL RECORD — SENATE February 15, 2005 disparate Federal agencies, with a ered to his doorstep in 48 hours. How ment that made it more likely that combined workforce of 180,000 employ- can this happen in a post-9/11 world? abuses of detainees would take place ees, work together under one central Senator OBAMA and I have asked the and made it possible for the horrors we structure. In addition, Judge Chertoff Senate Homeland Security and Govern- have since learned about at Guanta- will be responsible for protecting our mental Affairs Committee and the namo Bay, Cuba and the Abu Ghraib Nation’s critical infrastructure and for Transportation Security Administra- prison in Iraq. What happened in these improving information sharing among tion to answer that question. We will places, I believe, has damaged our law enforcement agencies—without in- be looking for answers. image and called into question our truding unnecessarily on individual I look forward to working with Judge moral authority in some places and it privacy rights. It is a daunting assign- Chertoff on several issues of particular has increased—not diminished—the ment, but I believe Judge Chertoff is up importance to Illinois. Among them is dangers our troops and our citizens to it. a Microbial Risk Assessment Center, face in this age of terrorism. When Senator OBAMA and I met with which has been proposed by the Univer- Unlike many other administration Judge Chertoff last week, we discussed sity of Chicago and would serve as the officials, however, Judge Chertoff has several issues of concern to us, and national clearinghouse to assess risks acknowledged that the Government Judge Chertoff assured us that he will from anthrax, smallpox, plague, and made mistakes in the aftermath of 9/11. address these issues. Among my key other possible bioterror threats. He told me that he opposes ethnic and concerns are the new personnel rules In addition, the city of Chicago has religious profiling and he is committed for Department of Homeland Security developed a state-of-the-art command to treating all immigrants fairly and employees. I believe the new rules are center where personnel from the city’s to complying with all laws regarding far too restrictive when it comes to police, fire, and rescue departments the humane treatment of detainees. collective bargaining, pay negotia- and representatives of the city’s busi- I take him at his word. I will expect tions, and adjudicating grievances. The ness community work together in one Judge Chertoff, as Secretary of Home- situation at DHS has become even room to monitor the city and, if nec- land Security, to balance America’s more important since the Bush admin- essary, respond jointly to disasters. I need for security and our respect for istration announced its intention to believe this command center could civil rights and our heritage as a na- give agencies across the Federal Gov- serve as a national model, and I en- tion of immigrants. There are practical ernment the option of creating similar courage Judge Chertoff to examine its reasons, in addition to the legal rea- structure and successes. human resource policies. Judge sons, for seeking such balance. Detain- My decision to support Judge Chertoff said he would sit down with ing large numbers of Arab and Muslim Chertoff is the result of serious delib- the workers who will be affected by the eration. While I am impressed by his immigrants involves a massive invest- rules to listen to their concerns and record and his openness, I also have ment of law enforcement resources suggestions. It is important that he do some concerns about the role Judge with little no return, and it creates so. As Judge Chertoff told Senator Chertoff played in developing certain fear and resentment of law enforce- OBAMA and me: administration policies while he served ment in exactly the immigrant com- It’s important to have a happy and satis- as the head of the Justice Depart- munities whose cooperation we need to fied workforce. This is not going to work if ment’s Criminal Division. In that ca- defeat terrorism. people in the department feel like they’re Finally, Judge Chertoff assured me being wronged. pacity, Judge Chertoff helped to craft high-profile initiatives that explicitly that he will maintain open lines of Another issue Judge Chertoff prom- communication with Congress so that ised to look into is the effort to inte- targeted Arabs and Muslims and re- sulted in the detention of thousands of Congress can fulfill its constitutional grate the separate fingerprint data people. In the aftermath of the 9/11 ter- requirement to oversee whether, and bases maintained by the Department of rorist attacks, the Justice Department how well, the Department is imple- Homeland Security and the FBI. Merg- rounded up at least 1,200 immigrants, menting the laws this body passes. ing these two systems into a single, in- the vast majority of whom were Arab For all of these reasons and because tegrated system is not simply a good or Muslim. The Justice Department’s of his record of public service and his idea, it is a congressional mandate. Inspector General found that none of candor during this confirmation proc- Yet, a recent report by the Justice De- these detainees—not one—was charged ess, I will support Judge Chertoff’s partment’s Inspector General con- with a terrorist-related offense, and nomination to be America’s next Sec- cluded that the efforts to achieve a that the decision to detain them was retary of Homeland Security. I look fully integrated biometric fingerprint ‘‘extremely attenuated’’ from the 9/11 forward to working with him to make ID system have stalled. As one who has investigation. The Inspector General America safer in ways that are con- pushed for such a system, I am deeply also found that detainees were sub- sistent with our national values and troubled by that assessment. More jected to harsh conditions of confine- heritage, and I wish Judge Chertoff the than three 3 years after 9/11, it is unac- ment and that some were subjected to best of luck as he begins his important ceptable that this critical improve- ‘‘a pattern of physical and verbal new assignment. ment to our homeland security still abuse.’’ The PRESIDING OFFICER. The Sen- had not been accomplished. Judge Judge Chertoff also was tangentially ator from New Mexico. Chertoff said the American people involved in the Justice Department’s Mr. DOMENICI. Mr. President, this ‘‘would go ballistic if we can’t get efforts to legalize abusive interroga- Senator from New Mexico has known things to mesh.’’ He is right and the tion tactics. He reviewed the infamous Mr. Chertoff for a long time. I have American people have every right to be Justice Department ‘‘torture memo’’ been familiar with him professionally, angry. This must get done. I take and provided advice on complying with primarily when he was legal counsel Judge Chertoff at his word when he the antitorture statute, but he told me for a committee on which I served. In says he will make development of an that he did not provide advice on the that capacity, I got to know his profes- integrated biometric fingerprint ID legality of any specific interrogation sional qualities, his intellect, his care system a priority. methods. in interpreting both the law and facts, Judge Chertoff also promised to look The Justice Department’s ‘‘torture and I am absolutely positive that he is into another possible threat to our memo’’ narrowly and, I believe, incor- going to make a superb head for this homeland security, and that is the ap- rectly redefined torture as limited only very complicated Department of Home- parent ease with which an ordinary cit- to abuse that causes pain equivalent to land Security. izen can obtain an airline pilot’s uni- organ failure or death, and concluded Mr. Chertoff is a lawyer by trade and form. This threat was documented re- that the antitorture statute does not a judge by promotion within the pro- cently by a Chicago TV reporter. As- apply to interrogations conducted fession of advocacy. Now, regardless of tonishingly, the reporter found that he under the President’s so-called Com- the profession or experiences of the could purchase an authentic pilot’s mander in Chief authority. person nominated to this position, uniform online—with no identifica- This tortured effort to justify torture there might have been some who asked: tion—and the uniform would be deliv- helped to create a permissive environ- Why not some other particular area of

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1377 expertise? That could be asked in this Counsel, with its absurdly narrow defi- more once it learned of the detainee-re- case. But I am quite sure that when nition of torture, is the most shocking lated problems. one looks at the myriad of problems and well-known example of the admin- When asked about this report at his addressed by and the kind of intellect, istration’s attempt to radically weaken confirmation hearing, Judge Chertoff commitment, and most of all, integrity this country’s commitment to treat all acknowledged that there were ‘‘imper- that Judge Chertoff has, it is clear that prisoners and detainees humanely and fections’’ in the executive branch’s re- he is going to do a superb job on behalf in accordance with international agree- sponse. He testified that he was un- of our country and the safety of our ments. Another oft-cited example is aware at the time of the hindrances in homeland. Attorney General Gonzales’ January detainees’ access to counsel, that he My compliments to the President for 2002 advice to President Bush that the was unaware of the verbal and physical sending this nomination to the com- ‘‘war on terrorism’’ offers a ‘‘new para- abuse, and that such mistreatment is mittee, headed by Senator COLLINS, digm [that] renders obsolete’’ the Ge- inappropriate and should not have hap- that reported him out quickly, and to neva Convention’s protections. pened. He also stated the importance of the Senate for overwhelmingly voting I am satisfied by Judge Chertoff’s learning from experience. for him today. I salute Judge Chertoff testimony that, as Assistant Attorney I am disappointed that Judge and wish him the best. I hope he is able General for the Criminal Division, he Chertoff did not express greater regret to handle this job with the same kind did not provide legal advice that for the department’s role in the mis- of excellence that he has handled all strayed below the standard that is ex- treatment of detainees, and that he did the other jobs we have given him. pected from senior members of the Jus- not testify in detail as to the status of He has plenty of help, which he will tice Department. He testified that ex- the implementation of the inspector need. This is not a job he can do alone. ecutive branch officials sought his general’s recommended 21 reforms. It is a very big agency, and I hope ev- views on the practical application of Nonetheless, his responses to this line erybody who works there will be part laws prohibiting torture and on specific of questioning are not, in my view, suf- of his team as he works to make Home- techniques. And he testified that tor- ficient to oppose his nomination. I land Security operate in a way that is ture is illegal and wrong and that he hope that Judge Chertoff will bring to efficient and good for our country and does not believe that the definition of bear the lessons we have learned from for our people. torture in the August 1, 2002 OLC this experience and work to ensure ap- I yield the floor. memo is broad enough. He testified propriate reforms are successfully car- Mrs. CLINTON. Mr. President, when that he told executive branch officials ried out. the time comes I intend to vote in to ‘‘be sure that you have good faith After careful consideration, I am sat- favor of Judge Chertoff’s nomination to and you’ve operated diligently to make isfied by Judge Chertoff’s answers to be Secretary of Homeland Security. sure what you are considering doing is the Senate Homeland Security and There is no position in government of well within the law.’’ Regarding spe- Governmental Affairs Committee re- greater importance to the security of cific techniques, Judge Chertoff testi- garding his conduct at the Justice De- our country and of my home State of fied that, ‘‘I was not prepared to say to partment. Despite the egregious New York. And so I am glad that the people, to approve things in advance, missteps the department made during Senate has agreed to devote some time or to give people speculative opinions his tenure, I do not believe that his to a discussion of the important issues that they might later take as some performance there disqualifies him that the next Secretary of Homeland kind of a license to do something.’’ from serving as the next Secretary of Security will face. These responses suggest that Judge Let me say at the outset that I have the Department of Homeland Security. Chertoff appreciates the importance of some serious concerns about this nomi- And in view of his testimony and of his upholding America’s long tradition of nation. These concerns have nothing to exceptional record during his short treating prisoners humanely, and of re- do with Judge Chertoff’s personal abili- time on the Federal bench, I believe ties: his professional and intellectual specting international agreements that that Judge Chertoff understands that qualifications are beyond question, as protect our men and women in uniform the next Secretary of Homeland Secu- is his commitment to public service. as well as our standing in the inter- rity must be both unflagging in his ef- Rather, my concerns are based on the national community. While I would forts to protect us from terrorist at- misguided and constitutionally infirm have preferred that Judge Chertoff had tack and steadfast in his respect for policies that have been drafted by the argued his point to the administration our Constitutional order. Department of Justice and imple- more forcefully, I am satisfied that he I also believe that Judge Chertoff has mented by the Administration in its did not actively promote these wrong- a good understanding of the issues and prosecution of the war on terror and in headed, immoral, and counter- challenges facing the Department of the conflicts in Afghanistan and Iraq. productive policies. Homeland Security. Perhaps the big- Judge Chertoff was a senior DOJ offi- Another important concern arises gest challenge awaiting him is the cial at the time that these policies from the Justice Department’s treat- taming of the enormous bureaucratic were created. Because he is being nomi- ment of more than 750 aliens detained tangle that is the current department. nated to a position for which respect immediately following the attacks of If confirmed, Judge Chertoff will be- for Constitutional and treaty obliga- September 11. The department’s own come the head of a department that tions is especially important, his role inspector general released a report in was created via the integration of 22 in the formation of these policies is 2003 that acknowledged the ‘‘difficult separate agencies and 180,000 employ- therefore worthy of careful scrutiny. circumstances’’ in which the depart- ees. These agencies and employees en- My primary concern relates to those ment found itself, but concluded there gage in a wide range of activities re- policies that have undercut and placed were ‘‘significant problems in the way lated to securing the homeland, and our men and women in uniform in that the September 11 detainees were they need a steady and firm hand on greater danger and diminished our treated.’’ Among those problems were the tiller. They also need a creative standing in the international commu- significant delays in the FBI’s clear- leader who can cut through bureau- nity. I feel a particular personal obli- ance process, hindrances in access to cratic entanglement and get things gation as a member of the Armed Serv- legal counsel, and verbal and physical done. As Secretary, Judge Chertoff’s ices Committee to do my utmost to en- abuse of detainees. The report specifi- central task will be setting priorities sure that our government does not do cally finds that the Justice Depart- and getting a vast bureaucracy to work anything that unnecessarily puts our ment, including Judge Chertoff, was efficiently and in a unified fashion. troops in harm’s way, that diminishes aware of the FBI’s clearance problems I am hopeful Judge Chertoff’s well- our standing among our allies, or that at the time. In fact, Judge Chertoff tes- documented intellectual abilities and blurs the values that distinguish us tified that he inquired with the FBI his long experience as a public servant from our depraved and nihilistic en- about the clearance delays, but the will serve him well as he moves from emies. FBI’s resources were ‘‘stretched.’’ The the role of Federal judge to the head of The August 1, 2002 memo from the inspector general found that the Jus- such a large and demanding Depart- Department of Justice’s Office of Legal tice Department should have done ment. He pledged at his confirmation

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1378 CONGRESSIONAL RECORD — SENATE February 15, 2005 hearing to work ‘‘tirelessly’’ to safe- at home—our local communities and Every homeland security expert I know guard the nation. I hope he follows our first responders—are as informed has said that this makes no sense. If through on that pledge in a variety of as possible about any possible threat so the terrorists are looking at things areas of critical importance. He will that they can do the best job possible such as the presence and vulnerability need to devote substantial energy and to protect all Americans. It is vital for of critical infrastructures as well as political capital if he is to help this New York City and other local commu- population and population densities, so still nascent Department develop to its nities across New York State and the should we. full potential and render all Americans Nation to receive accurate and timely This year, the administration is as safe and as secure in their liberties information from the department when again talking a good game on home- as possible. a potential threat emerges. It is equal- land security grant formulas. The Fis- I am encouraged that Judge Chertoff ly important that local communities cal Year 2006 budget request calls for and I agree on a number of specific on the front lines serve as valuable more than $1 billion in grants to States challenges facing the Department of sources of information for the Federal for the purpose of enhancing capabili- Homeland Security. One of these Government. ties to prevent, deter, respond to and issues—Federal funding formulas for I was pleased to learn that Judge recover from acts of terrorism, to be state and local preparedness—is essen- Chertoff testified at his confirmation allocated by the Secretary of Home- tial to protecting the homeland. I have hearing that his personal experiences land Security ‘‘based on risks, threats, repeatedly called upon the administra- as an Assistant United States Attor- vulnerabilities, and unmet essential tion and my colleagues to implement ney, a United States Attorney and as capabilities,’’ with a 0.25 percent State threat-based homeland security fund- head of the Criminal Division on Sep- minimum. In addition, more than $1 ing, so that homeland security re- tember 11, give him a thorough appre- billion would go for grants to urban sources go to the states and areas ciation and respect for State and local areas, for the same purpose, and on the where they are needed most. I have in- perspectives. In his testimony, he de- same basis—minus, of course, a State troduced legislation in this regard and scribed ‘‘negotiating cooperation with minimum. even developed a specific homeland se- our state and local government offi- This is a step in the right direction, curity formula for administration offi- cials’’ as one of ‘‘the central elements but we need to allocate much more cials to consider. of the war against terrorism. . . .’’ He funding for this purpose. Whether The latest iteration of that proposal repeatedly referred to the need to work through direct funding—which I con- is contained in my Domestic Defense in partnership with State and local tinue to believe is the best way to dis- Fund Act of 2005, which I introduced on government. burse homeland security funding to the first legislative day of this Con- I could not agree more. The Federal many communities—or funding that is gress. Modeled on the Community De- Government cannot, and should not, go sent to the states and passed through velopment Block Grant program, the it alone when it comes to securing the to local communities, the Federal Gov- Domestic Defense Fund of 2005 provides homeland. States and local commu- ernment should be disbursing the $7 billion in annual funding to local nities must be full partners. Much homeland security state and local communities, States, and first respond- more needs to be done, but Judge funds to communities according to a ers. The act requires that all of that Chertoff’s testimony demonstrates threat- and vulnerability-based for- funding be allocated using threat, risk, that he understands the importance of mula. and vulnerability-based criteria that this area as a key to homeland secu- In addition, my Domestic Defense homeland security experts—including rity. Fund Act makes it explicit that the the Homeland Security Independent I also find it encouraging that Judge funding provided for in my proposed Task Force of the Council on Foreign Chertoff testified that he is ‘‘acutely legislation will not supplant or be in Relations, chaired by former Senators aware’’ of the importance of allocating lieu of funding for traditional first re- Gary Hart and Warren Rudman, and resources to secure our ports. Needless sponders programs, such as the Com- the National Commission on Terrorist to say, having a secretary of homeland munity Oriented Policing Services, Attacks Upon the United States—have security who understands the impor- COPS, program and the Assistance to long recommended. tance of the Port of New York and New Fire Fighters, FIRE, Act program. I was heartened to hear Judge Jersey is likely to be a good thing for These Federal programs have proven Chertoff testify at his confirmation New Yorkers, and for the entire coun- successful in helping first responders hearing, that ‘‘I think we have to have try. perform traditional functions, such as a formula for funding and a formula for There has been little evidence to date fighting crime and responding to fires. lending assistance to State and local that administration is interested in Unfortunately, the Fiscal Year 2006 governments across the board that using a threat-based formula for allo- budget request seeks to cut or elimi- takes account of the reality of cating resources. Indeed, in Fiscal Year nate a number of these essential first vulnerabilities and risks and making 2004, when the Administration had the responder programs. Under the Presi- sure that we’re making a fair alloca- opportunity to employ such a formula dent’s proposed budget, funding for the tion.’’ Judge Chertoff also stated this in allocating funds under the State COPS program is reduced from $379 view when I met with him. His un- Homeland Security Grant Program, million to $118 million nationally, equivocal support for threat- and vul- SHGP, and the Law Enforcement Ter- which comes on top of previous years’ nerability-based funding is important rorism Prevention, LETP, grant pro- cuts for the COPS program, which once for New York, and for the nation. gram, it affirmatively chose not to do received more than $1.5 billion in fund- Another issue on which Judge so, despite pleas from me and many ing. And absolutely no funding is pro- Chertoff and I agree is the need for members of Congress on both sides of posed for the COPS Universal Hiring greater sharing of terrorist-related in- the aisle. Again in Fiscal Year 2005, Program, the COPS MORE program, formation between and among Federal, there was no significant effort on the COPS in Schools program, or the COPS State, and local government agencies. part of the administration to use a Interoperable Communications Tech- In the immediate aftermath of the 9/11 threat-based formula. nology Program. terrorist attacks, I worked with a num- I wrote President Bush imploring The Fiscal Year 2006 budget request ber of my colleagues in the Senate on him to work with the House and Sen- also proposes no funding for the Ed- a bi-partisan basis in focusing on this ate leadership on the issue of homeland ward Byrne Memorial Justice Assist- need. As I noted in my remarks on the security funding, but language was in- ance Grant program, named after a passage of the Intelligence Reform and serted in the Fiscal Year 2005 Home- New York City police officer killed in Terrorism Prevention Act of 2004, the land Security Appropriations Act to re- the line of duty, and the Local Law En- sharing of critical intelligence infor- quire that SHGP and LETP funds be al- forcement Block Grant program. These mation is vitally important if we are to located in that fiscal year as the ad- programs in the past have provided win the War against terrorism. We ministration chose to allocate funds in states and local governments with Fed- need to ensure that our front line sol- Fiscal Year 2004, which, unfortunately, eral funds to support efforts to reduce ders in the war against terrorism here was on the basis of population alone. crime and increase public safety, such

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1379 as enhancing security measures around essary, the use of authorities to require larly in the areas of state homeland se- schools, establishing or supporting chemical companies to come up to cer- curity grants and cyber security. drug courts, and preventing violent tain standards, with appropriate pen- For the last 4 years, the Department and/or drug-related crime. alties if they don’t do so.’’ of Homeland Security has provided bil- I find that shameful, especially as Thus, on balance, my personal ex- lions of dollars throughout the country our fire fighters, police officers, emer- change with Judge Chertoff—and the to prevent, prepare for, and respond to gency service workers and other first testimony he gave during his confirma- acts of terrorism. There are several ef- responders continue to be on the front tion hearing—speak of his commitment fective first responder grant programs lines of our nation’s homeland defense. to threat- and vulnerability-based that have raised our nation’s overall It is imperative that Judge Chertoff, if funding, his keen awareness of other level of preparedness and ability to confirmed, stand by his philosophy of vital homeland security issues for New react to all manner of disasters. risk-based allocation and appreciation Yorkers, and his intent to work tire- However, many of the funds distrib- for the role of state and local partners lessly. He is from New Jersey and uted to states and local Governments when he prepares his department’s knows the homeland security needs of have been allocated by formulas that budget in coming years. the region from personal experience. fail to take into consideration actual In fact, the outcome of a number of Ultimately, his roots in the region, his needs or are not based on real risks of homeland security imperatives will de- personal experiences, and his expres- terrorism. It is time that Congress re- pend to a significant extent on Judge sions of commitment to policies that examine the methods of distributing Chertoff’s willingness to fight hard are essential to the security of New these critical preparedness funds. In during the budget process. A good ex- Yorkers, are decisive factors in my de- order to adequately secure the nation ample of this is the addition of new cision to vote to confirm. against terrorist attacks, the Federal border patrol agents mandated in the One of the lessons we have learned Government must strategically dis- recently enacted Intelligence Reform since September 11 is that constant tribute grants to states and local gov- and Terrorism Prevention Act of 2004. vigilance is required of the Congress; ernments in an efficient manner and to If the goals of this legislation are real- oversight and accountability must be the places where they will be most ef- ized, the security of the northern bor- our watch words. Oversight requires us fective. Congress must take the lead in der would be improved, a result I have to demand that the rule of law be re- reforming the system for distributing worked for since 2001. Among many spected by the executive branch, and these funds based on actual threats and provisions, the act calls for an increase that we do not countenance the flout- vulnerabilities and enable Federal of at least 10,000 border patrol agents ing of the law or of treaties. It requires agencies to target critical gaps in state and local terrorism prevention and pre- from Fiscal Years 2006 through 2010, us to hold the executive branch truly paredness capabilities. many of whom will be dedicated spe- accountable for its actions. If we have cifically to our northern border. And We know that terrorists seek to learned anything since that September strike the U.S. where it will do the yet the FY06 budget request did not day in 2001, particularly with respect most damage, either in terms of Amer- come close to seeking the 2,000 new to this administration, it is the time- ican lives or our country’s economy border patrol agents authorized for this less truth that ‘‘eternal vigilance is the and vital assets. Of course, we should year. Judge Chertoff must be willing to price of liberty.’’ make sure that our population centers fight hard for full funding of this and It has been said before, but it bears are protected, but that does not mean other programs essential to the depart- repeating—our Nation faces a new kind that funds should only go to urban ment’s mission. of challenge to our way of life. I have I appreciate that Judge Chertoff un- areas. When it comes to protecting our no doubt we will overcome this chal- economy and vulnerable critical infra- derstands the critical importance of se- lenge, but it will only be overcome structure, we need to be mindful of pro- curing chemical facilities. There are through maintaining and strength- tecting all the vital components of hundreds of chemical plants in the ening our civil society and our commit- these systems. Taking the U.S. food United States where a terrorist attack ment to being a force for decency and supply as an example, this would mean could threaten more than 100,000 Amer- respect for law in the world. securing both up and down stream icans with exposure to toxic chemicals. Judge Chertoff testified that, as Sec- components, from agriculture and food This is a homeland security vulner- retary, he will ‘‘be mindful of the need production systems to the ports that ability that has been recognized by to reconcile the imperatives of security ship products in and out of the coun- many, yet we still have no mandatory with the preservation of liberty and try. Federal standards for chemical plants, privacy.’’ I agree that one of the cen- By targeting terrorism preparedness and the Department of Homeland Secu- tral dilemmas of our time is balancing funds to the communities and compo- rity lacks authority to put such stand- security with liberty and privacy. As nents of the economy that are most at ards in place. Until Congress provides the 9/11 Commission said, ‘‘Our history risk, the whole country benefits. the department with such authority, has shown us that insecurity threatens And looking beyond traditional ter- Americans will continue to rely on vol- liberty. Yet, if our liberties are cur- rorism preparedness, in this age of the untary security measures at chemical tailed, we lose the values that we are Internet and globally interconnected plants, which have been repeatedly struggling to defend.’’ I believe that computer systems, securing the Na- shown to be lax. Judge Chertoff is professionally quali- tion’s borders no longer includes just I believe that the best solution to fied to be Secretary of Homeland Secu- land, air and sea, but also cyberspace. this problem would be to enact the rity, and that he understands and re- As a result, it is critical that the fed- Chemical Security Act that I have spects the values that the Secretary eral government provide strong leader- sponsored with Senator CORZINE. How- works to defend. Therefore, I will be ship in cyber security by securing its ever, in order to pass this or other voting in favor of his confirmation. computer systems and adequately safe- chemical plant security legislation, we Mr. CORNYN. Mr. President, I thank guarding key components in our na- will need stronger support from the ad- Judge Michael Chertoff for having the tional infrastructure—including the ministration and from the Secretary of courage to take on the challenging systems the country relies upon that Homeland Security than we have had tasks of leading the Department of link water, utility, communications, in the past. That is why I was encour- Homeland Security. He is an ideal transportation and financial networks. aged by Judge Chertoff’s testimony nominee for this position, and I look I am encouraged that Judge Chertoff, that he is aware of the significant risk forward to working with him and other has committed to closely examining of that sector based on his personal ex- department officials to ensure that we the agency’s role in cyber security to perience. He also testified that ‘‘the have the best possible border and port ensure it is doing everything possible Federal Government needs to be able security, cyber security, and efficient in this critical mission. Toward that to use a whole range of tools to bring distribution of DHS resources and per- goal, we should elevate the issue of the industry up to an appropriate sonnel. cyber security within the agency and standard’’ and that ‘‘the President has There are several issues that we need create the position of Assistant Sec- indicated that he supports, if nec- to address in the short term, particu- retary of Cyber Security.

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I of character to make a blatantly par- with the need for enhanced cyber secu- commend him for embracing this new tisan pitch during the run-up to the re- rity. An organized cyber attack would responsibility and answering the call of cent presidential election. disrupt national security, halt the pro- the President and of all American citi- I was astonished when President duction and distribution of needed zens. Bush announced that he had chosen goods and services, and threaten the In the wake of the attacks on Sep- Bernie Kerik to replace Secretary very fabric of our Nation’s economy. tember 11, our Nation was confronted Ridge. When newspapers and news mag- Unfortunately, cyber security is an with a challenge to revamp our home- azines began looking at that nomina- area that tends to be overlooked in the land security posture and adopt a stra- tion, it became apparent that the vet- discussion of homeland security. First tegic plan to defend America from ting of that nomination was shoddy responders to a cyber security attack global threat of terrorism. Many of our and that Mr. Kerik was an unaccept- on America have far different needs efforts to strengthen homeland secu- able choice on a number of grounds. and functions than traditional first re- rity have been successful, and were That misadventure cost us time and sponders. They require a clear and visi- long overdue. But there are critical led to Judge Chertoff’s nomination ble leadership within DHS to organize networks and infrastructure that need being made later than it should have and maintain our security. Given the additional attention to reduce their been by the administration. The Senate has expedited consider- dynamic and ever-expanding threats in vulnerability to terrorist attacks, such ation of this nomination. In what I the area of cyber security, an Assistant as: our food supply, telecommuni- hope is a sign of better days to come Secretary of Cyber Security will pro- cations and financial networks, rail and of increased responsiveness, I note vide DHS with an enhanced ability to transportation infrastructure, and that this nominee has responded in interact, influence, and coordinate tar- chemical facilities. geted cyber security missions across In Washington State, we have looked kind by seeking to answer in one day’s time a letter I sent to him. I appreciate all areas of our infrastructure. to the Department of Homeland Secu- that kind of responsiveness. The effort to secure our nation will rity to assist us in preparing our first In light of his effort, I will excuse his not be complete until all aspects of responders and providing them with vulnerability to terrorists are recog- missing the point in failing to respond the financial, training, and informa- directly to my first question. I raised nized. This is true for all our national tion resources they need to meet new borders; on land, air, sea, and cyber with the nominee an aspect of his con- security requirements. I would urge versations with representatives of the space. Recognizing that threat is an Judge Chertoff to continue to work important step, but we must now make intelligence community while he was closely with local first responders from every effort to prevent the threat from serving as a principal law enforcer my state who are on the front lines of becoming a crippling reality. charged with prosecutions under the I am proud to vote for Judge ensuring that Washington’s ports, bor- anti-torture law. My question to Judge Chertoff. He has well-deserved bipar- ders, and critical infrastructure are se- Chertoff was an opportunity for him to tisan support, and I am confident he cure. reflect on the inappropriateness of the I am confident that Judge Chertoff will be able to do the job. As Assistant chief prosecutor advising lawyers for will be confirmed today. I am eager to Attorney General for the Criminal Di- possible investigatory targets regard- begin working with him to continue to vision of the U.S. Department of Jus- ing how he would apply the law and tice, he worked tirelessly following the improve the security of Washington what might provide a safe harbor when September 11th attacks, prosecuting State and all of America’s homeland. it came to torture. Mr. LEAHY. Mr. President, today the those whose specific goal was to kill in- I commend Senator LEVIN for trying Senate will complete the consideration nocent citizens in New York, Virginia to get to the substance of those con- of the nomination of Michael Chertoff and elsewhere in this country. I look versations during confirmation hear- to head the Department of Homeland forward to working alongside him on ings. Sadly but all too characteris- these critical issues, and I am sure he Security. tically, the Bush administration has Judge Chertoff currently serves as a will bring courage and commitment to refused to provide him or the Senate Federal judge on the Court of Appeals the serious tasks at hand. with the relevant materials in this re- Ms. CANTWELL. Mr. President, the for the Third Circuit. This is a lifetime gard. I am, likewise, concerned that Constitution provides the Senate with appointment that he has held for a rel- Mr. Chertoff was not more assertive a responsibility to evaluate Presi- atively short time and that he will be during discussions with the Office of dential nominations. This is a responsi- abandoning to return to executive Legal Counsel as it headed down the bility that I take very seriously be- branch service. I helped expedite and wrong road in trying artificially to cause the Senate’s role ensures strong voted in favor of Judge Chertoff when narrow the definition of torture to pro- leadership at the very highest levels of his nomination to the third circuit vide latitude that contributed to wide- the Federal Government. came to the Senate in 2003. spread international scandals in our Today, the Senate considers the nom- Before that he was the Assistant At- wrongful treatment of prisoners. I wish ination of Judge Michael Chertoff to be torney General in charge of the Crimi- someone within the Bush administra- Secretary of the Department of Home- nal Division at the Department of Jus- tion at the time had stood up for the land Security. Leading the Department tice. I helped expedite and voted in rule of law and had succeeded in derail- of Homeland Security is not an easy favor of that nomination in 2001. ing the search directed by Judge job, and requires an individual with I have worked with Mike Chertoff Gonzales to create loopholes in our tireless dedication, unending persever- and appreciate his background as a law. ance, and strong leadership. prosecutor. He is very capable. He I appreciate that Judge Chertoff has The Senate Committee on Homeland works hard. What one sees when you committed to implementing the rec- Security and Governmental Affairs, led consider his career is that much of the ommendations of the inspector general by Chairman COLLINS and ranking time he acts as a consummate profes- with respect to preserving the civil member LIEBERMAN, conducted a thor- sional in our best tradition. Although rights of those detained by the Govern- ough examination of Judge Chertoffs there have been times when he has ment in his answer to my second ques- record, and I support the committee’s shown partisanship in an apparent ef- tion. That inquiry derived from his tes- recommendation to endorse his nomi- fort to ‘‘earn his spurs’’ with those on timony to the Judiciary Committee in nation. the extreme right, it is my hope and November 2001. The Secretary of the Department of expectation that he will bring his bet- Finally, I asked a series of questions Homeland Security is tasked with a se- ter angels with him as he embarks on about the so-called ‘‘wall’’ between law

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1381 enforcement investigations and intel- I ask unanimous consent that copies ment and intelligence functions during the ligence. The 9/11 Commission report of my letter to Judge Chertoff and his period that you headed the Criminal Divi- went a long way toward dismantling response be printed in the RECORD. sion? In particular, what were those policies the myth that former Attorney Gen- There being no objection, the mate- and practices before September 11, 2001, and rial was ordered to be printed in the how if at all did they change between Sep- eral Ashcroft had tried to perpetuate. I tember 11, 2001, and October 26, 2001, when recall when even President Bush RECORD, as follows: the USA PATRIOT Act was signed into law? upbraided Attorney General Ashcroft U.S. SENATE, Is it not true that in 2000 the Department’s following his assault upon Commis- COMMITTEE ON THE JUDICIARY, Office of Legal Counsel issued an official sioner Gorelick at the 9/11 Commission Washington, DC, February 7, 2005. memorandum on ‘‘Sharing Title III Elec- hearings. Hon. MICHAEL CHERTOFF, tronic Surveillance Material with the Intel- I pointed out that during the Clinton United States Court of Appeals for the Third ligence Community,’’ which concluded that administration almost one year before Circuit, Martin Luther King, Jr. Federal law enforcement officials may share surveil- Building & U.S. Courthouse, Walnut Street, September 11, 2001, the Department of lance information with the intelligence com- Newark, NJ. munity to obtain assistance in preventing, Justice Office of Legal Counsel had DEAR JUDGE CHERTOFF: Congratulations on investigating or prosecuting a crime, or issued an official memorandum noting your nomination to head the Department of where the information was of overriding im- the Government’s position on ‘‘Sharing Homeland Security. While I am somewhat portance to national security or foreign rela- Title III Electronic Surveillance Mate- surprised to be considering your nomination tions? rial with the Intelligence Community,’’ to an Executive Branch position so soon I look forward to your prompt response. which concluded that law enforcement after your confirmation to the Federal Sincerely, bench, I respect your commitment to public officials may share surveillance infor- PATRICK LEAHY, service. The work of the Department of Ranking Democratic Member. mation with the intelligence commu- Homeland Security is crucial to the safety nity to obtain assistance in preventing, and security of the American people, and POST-HEARING QUESTIONS FOR THE RECORD investigating or prosecuting a crime, there are lingering problems in integrating SUBMITTED BY SENATOR PATRICK LEAHY FOR or where the information was of over- all of the elements of the department and in THE NOMINATION HEARING OF JUDGE MI- riding importance to national security making them as effective as we need them to CHAEL CHERTOFF TO BE SECRETARY OF THE or foreign relations. be. Managing DHS is one of the toughest as- DEPARTMENT OF HOMELAND SECURITY signments in Washington, and I admire and As Judge Chertoff recalls, it was At- Question: First, at your confirmation hear- appreciate your willingness to take it. I feel torney General Ashcroft who adopted ing last week, you acknowledged that while confident that the vetting problems we saw serving as head of the Criminal Division, you measures on January 21, 2000, and it with respect to the Kerik nomination will consulted with lawyers for the intelligence was the memorandum issued by Deputy not plague yours. Attorney General Thompson on August It is regrettable that the Judiciary Com- community regarding specific interrogation 6, 2001, that governed information shar- mittee has not held a hearing and was not techniques. I ask that you reflect upon your conduct in ing in the days leading to the disaster even allowed to participate in a hearing on your nomination. Much of the work of the which you were apparently discussing the that was September 11. Indeed, Judge possible application of the criminal anti-tor- Chertoff notes: ‘‘When it was deemed to Department of Homeland Security remains of importance and interest to the Judiciary ture statute with representatives of agencies be appropriate, additional procedures Committee and within its jurisdiction and whose personnel might be involved in con- were put in place in specific cases, or in expertise. duct that you might later be called upon to sets of related cases.’’ He proceeds to In connection with our committee’s over- evaluate for prosecution. In hindsight, concede that without any change in sight responsibilities as the Senate prepares should you not have refused to engage in the law, in the time between Sep- to debate and vote on your nomination, I those discussions, or referred the agencies to would ask you to respond regarding three a non-prosecutorial office of the government tember 11 and enactment of the USA such as the Office of Legal Counsel? PATRIOT Act: ‘‘With court approval, principal matters. First, at your confirmation hearing last Answer: As I stated at my confirmation some of these procedures were modified week, you acknowledged that while serving hearing, I was asked to provide my views to between 9/11 and October 26, 2001, the as head of the Criminal Division, you con- other attorneys on how the anti-torture stat- effective date of the USA PATRIOT sulted with lawyers for the intelligence com- ute would be applied by a prosecutor. My po- Act.’’ munity regarding specific interrogation sition in response was not to give advance, The 9/11 Commission established dur- techniques. I ask that you reflect upon your speculative advice about what could be done; ing its investigation that in the days conduct in which you were apparently dis- rather, it was to make sure that the lawyers and months before September 11, 2001, cussing the possible application of the crimi- understood that what is likely to be critical nal anti-torture statute with representatives to a prosecutor evaluating a potential charge information sharing requirements and is the honest, good-faith assessment by any procedures were misunderstood and of agencies whose personnel might be in- volved in conduct that you might later be interrogators of the effects of what they are misapplied at the Department of Jus- called upon to evaluate for prosecution. In doing and how those effects measure against tice. I appreciated Judge Chertoff’s of- hindsight, should you not have refused to en- the statute. fering a glimpse into the inner work- gage in those discussions, or referred the I believe it would have been a dereliction ings of the Ashcroft Justice Depart- agencies to a non-prosecutorial office of the of my duty to refuse to assist the Office of ment in the days that led up to 9/11 government such as the Office of Legal Coun- Legal Counsel and lawyers from other gov- when he noted that there was a ‘‘vig- sel? ernment agencies. The Office of Legal Coun- sel, a component separate and distinct from orous internal debate about the appro- Second, in your testimony before the Sen- ate Judiciary Committee in November 2001, the Criminal Division, was the primary De- priate procedures for sharing informa- you stated that the Department of Justice, partment of Justice Component responsible tion collected in foreign intelligence in its investigation into the September 11 at- for the guidance on the meaning of the anti- and counterterrorism investigations tacks, acted in complete accordance with all torture statute. I understand that, depending with criminal agents and prosecutors.’’ statutory and constitutional requirements in on the legal question under analysis, OLC or That ‘‘internal debate’’ was unresolved place before or after the attack. With what lawyers from other government agencies on on September 11, 2001, when terrorists has come to light since then about the treat- occasion solicit the views of components of struck in New York and at the Pen- ment of detainees, including the Inspector the Department that have expertise in the matter under consideration. I believe it was tagon and were thwarted in the sky General’s highly critical June 2003 report on that topic, what would you now say about appropriate for the Criminal Division to over Pennsylvania. government practices in the months fol- offer general guidance on application of the When the Justice Department came lowing the 9/11 attacks and how they went law. forward to work with the Senate in the wrong? Is it not also true, as indicated in the Question: Second, in your testimony before weeks following the attacks, I worked 9/11 Commission report that information the Senate Judiciary Committee in Novem- with Mr. Chertoff to ensure that law sharing legal requirements and procedures ber 2001, you stated that the Department of enforcement and intelligence efforts were misunderstood and misapplied before Justice, in its investigation into the Sep- were better coordinated, and I urged September 11, 2001? Before September 11, tember 11 attacks, acted in complete accord- him, the Attorney General and the Di- 2001, what did you do to improve information ance with all statutory and constitutional requirements in place before or after the at- rector of the FBI to change the culture sharing between the law enforcement and in- telligence communities? tack. that had led to destructive and dys- Third, what were the policies and practices With what has come to light since then functional hoarding of essential secu- of the Department of Justice with respect to about the treatment of detainees, including rity information. information sharing between law enforce- the Inspector General’s highly critical June

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1382 CONGRESSIONAL RECORD — SENATE February 15, 2005 2003 report on that topic, what would you procedures and responsibilities in the event all of the above-referenced procedures. The now say about government practices in the of a national emergency. These enhance- March 6th procedures, however, did not take months following the 9/11 attacks and how ments would further reduce the potential for full effect until the Foreign Intelligence they went wrong? impinging on civil liberties. Court of Review issued a ruling regarding Answer: As explained in the OIG report, I Finally, so far as the OIG report identified these matters on November 18, 2002. believed that if individuals linked through acts of misconduct by guards at detention fa- Mr. LEAHY. Heading the Department investigation to the hijackers or terrorism cilities these were, of course, wrong, and of Homeland Security is a position that were chargeable with violations of our crimi- steps should be taken to assure no such be- nal laws or immigration laws, as enacted by havior occurs in the future. I believe that may be one of the more difficult as- Congress, the government should seek deten- DHS and DOJ have implemented some of signments in Washington and in Gov- tion in accordance with the applicable law these proposals and, if confirmed, I will work ernment. The work of the Department while were investigating to determine if the to further increase their successful imple- of Homeland Security, DHS, is crucial charged individuals posed an actual threat. mentation. to the safety and security of the Amer- In these discussions, I repeatedly emphasized Question: Is it not also true, as indicated ican people. There remain many prob- that this policy applied only to those prop- in the 9/11 Commission report that informa- lems in integrating the elements of the tion sharing legal requirements and proce- erly chargeable with breaking the law and Department and in making them as ef- that detention should be sought consistent dures were misunderstood and misapplied be- with relevant law and regulations. fore September 11, 2001? Before September 11, fective as we need them to be. I remain My understanding is that those detained in 2001, what did you do to improve information concerned with a number of issues in the course of the 9/11 investigation were de- sharing between the law enforcement and in- need of greater attention at DHS and tained with an individualized predicate, telligence communities? much more significant support from meaning, a criminal charge, an immigration Answer: I began at the Criminal Division the highest levels of the Bush adminis- violation, or a judicially-issued material wit- on approximately June 1, 2001. My activities tration. Working with Secretary ness warrant. There was a legal basis for date from that point. Chertoff, maybe we will be able to get each detention. The top priority of the Jus- Prior to 9/11, the Department—including tice Department was preventing another ter- the Criminal Division under my leadership— that attention and support. rorist attack against the American people, was engaged in a vigorous internal debate The Bush administration has failed and the lawful detention of individuals who about the appropriate procedures for sharing to provide the necessary assistance for were known to have violated immigration information collected in foreign counter- first responders throughout our Nation. laws—like the September 11 attackers them- intelligence and counterterrorism investiga- As the costs borne by law enforcement selves—was a reasonable policy. tions with criminal agents and prosecutors, agencies across the country continue I acknowledge that the policy could have and the proper role for prosecutors in such to rise, we need to increase the part- been implemented better and it will be in the investigations. I understand that the proce- nership help offered to our nation’s future. I believe that the Government faced dures in effect on 9/11 were those that had first responders. Instead, in the Presi- an unparalleled challenge on September 11: been adopted by the Attorney General on How to prevent devastating terrorist attacks July 19, 1995 (including an annex concerning dent’s new budget, he has proposed cut- that might arise at any moment from al- the Southern District of New York), the in- ting overall funding for first responders Qaeda ‘‘sleepers’’ who had been specifically terim measures approved by the Attorney by $670 million. These cuts target vital programmed to disguise themselves, blend General on January 21, 2000, and the memo- emergency services affecting every into ordinary life, and to exploit existing randum issued by the Deputy Attorney Gen- State, regardless of size or population. networks for obtaining phony documents and eral on August 6, 2001. The President also proposed cutting other means of support. That challenge was Question: Third, what were the policies the all-State minimum for first-re- compounded by the fact that the September and practices of the Department of Justice sponder grants from 0.75 percent to 0.25 11 attacks physically crippled the FBI and with respect to information sharing between U.S. Attorney’s Office in New York (which law enforcement and intelligence functions percent. That new formula would re- were the repositories of much of the Depart- during the period that you headed the Crimi- sult in the loss of funds to police, fire- ment’s antiterrorism expertise at the time) nal Division? In particular, what were those fighters and emergency rescue squads and impaired communication between New policies and practices before September 11, in dozens of states from coast to coast. York and Washington for a period of time. 2001, and how if at all did they change be- In Vermont, this would mean a loss of Furthermore, because the 9/11 conspirators tween September 11, 2001, and October 26, at least $10 million dollars in fiscal operated in cities and towns across the coun- 2001, when the USA PATRIOT Act was signed year 2006—grant funds that are used to try, the 9/11 investigation necessitated fol- into law? Is it not true that in 2000 the De- provide security services along thou- lowing and analyzing many thousands of partment’s Office of Legal Counsel issued an sands of miles of our border with three leads generated by numerous FBI field of- official memorandum on ‘‘Sharing Title III fices, some of which had little previous expe- Electronic Surveillance Material with the states. Vermont’s border with Canada rience in conducting terrorism investiga- Intelligence Community,’’ which concluded spans approximately 95 miles, but the tions. Looking for a terrorist under these that law enforcement officials may share Swanton Border Patrol is charged with circumstances was akin to looking for a nee- surveillance information with the intel- protecting 24,000 square miles, which dle in a nationwide haystack, but with the ligence community to obtain assistance in includes not only the entire State of needle masquerading as a stalk of hay. preventing, investigating or prosecuting a Vermont, but also numerous counties The OIG report identifies concerns that crime, or where the information was of over- in New York and New Hampshire. FBI investigative delays or lack of precision riding importance to national security or Within this area, the Swanton Border in turn led to delays in processing of immi- foreign relations? gration detainees. In the aftermath of the Answer: As discussed above, prior to 9/11, Patrol is required to patrol more than surprise attack on September 11, the FBI la- the Department—including the Criminal Di- 261 miles of International Boundary. bored under physical and resource con- vision under my leadership—was engaged in Our approach to port security is also straints in the face of an urgent investiga- a vigorous internal debate about the appro- insufficient. More than 90 percent of tive demand of unprecedented scope. Now, priate procedures for sharing information the world’s trade is moved in cargo additional resources, training enhancements collected in foreign counterintelligence and containers. The Government Account- and reorganizations within the Department counterterrorism investigations with crimi- ability Office has found that the infor- and the FBI, as well as the Intelligence Re- nal agents and prosecutors, and the proper mation that the Bureau of Customs form Bill—are designed to—and should con- role for prosecutors in such investigations. and Border Patrol uses to determine tinue to—increase FBI expertise and capa- The procedures in effect on 9/11 were those bility and streamline coordination, so that that had been adopted by the Attorney Gen- which cargo should be searched is ‘‘one in any future nationwide terrorism inves- eral on July 19, 1995 (including an annex con- of the least reliable or useful for tar- tigation delays and imprecision will be mini- cerning the Southern District of New York), geting purposes.’’ In addition, our gov- mized. Furthermore, I believe that the FBI the interim measures approved by the Attor- ernment has been slow to install radi- and DHS should and will continue to build ney General on January 21, 2000, and the ation detection portals at our ports, upon their experience to develop and firmly memorandum issued by the Deputy Attorney leaving us vulnerable to the smuggling establish appropriate protocols for General on August 6, 2001. Where it was of a nuclear or radiological weapon. classifying subjects of terrorism investiga- deemed to be appropriate, additional proce- Mass Transit Measures Idle. Our tions at the appropriate level of concern, set- dures were put in place in specific cases, or mass transit systems are similarly at ting up appropriate deadlines for notifica- in sets of related cases. With court approval, risk. While we spent about $4.5 billion tion that a particular detainee is or is no some of these procedures were modified be- longer a terrorism risk; sharing information tween 9/11 and October 26, 2001, the effective on aviation security last year, we de- between law enforcement and immigration date of the USA PATRIOT Act. On March 6, voted only $65 million to rail security, agencies; and finalizing a crisis management 2002, the Attorney General adopted new in- even though five times as many people plan that clearly delineates each agencies formation sharing procedures that replaced take trains as planes every day. The

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1383 Madrid bombing vividly demonstrated ‘‘are entirely inappropriate for asylum speedy, and necessary action. We made the potential vulnerability of mass seekers fleeing persecution.’’ transportation security a national se- transit, and I am concerned that the If we are to recapture America’s curity function by enacting the Avia- administration is not responding effec- rightful place as a haven for the op- tion Transportation Security Act and tively enough to this threat. This pressed, the tragic situation of asylum the Maritime Transportation Security needs to be a higher priority than the seekers must be rectified. The Commis- Act, both considered landmark legisla- administration has made it. The TSA sion offered a number of recommenda- tion. has been slow in developing security tions that can be implemented through Although a number of high profile ac- procedures at port and rail facilities administrative action, such as estab- tions have been taken to strengthen around the country, and our transit lishing an office within DHS to oversee aviation security, I fear that the same and freight transportation systems re- the treatment of refugees and asylum zealous effort to adequately strengthen main at risk. The recent DHS budget seekers and issuing formal regulations security across all modes of transpor- submission cuts funding for the fol- governing when asylum seekers should tation has stalled. In the more than lowing essential security programs: be released from detention. I urge three years since September 11, very port security grants, port security inci- Judge Chertoff to begin the process of little has been done to aggressively dent response, intercity bus grants, making these changes immediately. promote security of our ports, our pas- container threat assessments, nuclear As secretary, Judge Chertoff will also senger and freight rail system, motor detection and monitoring, hazmat supervise a number of outstanding Fed- carriers, pipelines, and hazardous ma- truck tracking and training, and rail eral employees who are Vermonters terials, despite very specific congres- security inspectors. and work for various components of sional direction. Air Security Concerns Linger. De- the Department, particularly in DHS’ Meanwhile, the threats to our trans- spite the dedicated resources to avia- immigration agencies. I believe he will portation security are as serious as tion security, problems remain. There be pleased with their efforts and their they have always been. From the train have been several reorganizations of expertise. bombing in Madrid to the maritime at- the TSA’s airport screeners program, Secretary Ridge and I have disagreed tack off the coast of Yemen, the but reports from the GAO and the DHS strongly about DHS’ efforts to pri- threats have not waned in the slight- Office of Inspector General suggest vatize Immigration Information Offi- est. But, based on the President’s Budget, that the screening programs for bag- cer, IIO, and other positions at the there are apparently some in the Ad- gage and passengers at our nation’s agency, and Congress has barred that ministration who seem to believe that airports are not as effective as they privatization for the current fiscal our work is done. The President’s should be. We need to ensure that the year. Among other duties, IIOs perform Budget recommends shifting critical $4,734,784,000 budget request for avia- background checks on applicants for work away from the Transportation tion security this year is spent wisely immigration benefits, a function that Security Administration, TSA, to and properly. should be performed by government other organizations within DHS that Secretary Chertoff, if he is con- employees. I urge Secretary Chertoff to have neither the expertise nor the nec- firmed, will oversee both the enforce- consider the repeated votes of both the essary authority to be effective. In my ment of our immigration laws and the House and Senate to maintain these view, further decentralizing the respon- granting of immigration benefits. We positions as government employees and sibilities of TSA will destroy the re- face a number of important choices on to make no effort to revisit the unwise maining, limited accountability that immigration in the coming years, and I and unpopular efforts of his prede- TSA provides for transportation secu- hope that he will play a constructive cessor. rity. role. I will support this nomination. Sec- I recognize that consolidating 22 Fed- I urge him to support the bipartisan retary Chertoff will face great chal- eral agencies into one department pre- efforts in Congress to improve the H–2B lenges ahead. I hope that he will work sents significant management chal- visa program, so we can meet the needs with me and others, on both sides of lenges and that growing pains are to be of small employers around our nation the aisle, in finding the best solutions expected as different agencies come to- who depend on seasonal immigrant in meeting them. gether. However, growing pains are not labor to stay in business. I hope he will Mr. INOUYE. Mr. President, I rise a license to continue the stovepipe be- support the bipartisan ‘‘AgJOBS’’ bill, today in support of the nomination of havior that existed prior to September which provides relief both to the agri- Michael Chertoff to be Secretary of the 11. When Congress created the Depart- culture industry and to the immigrant Department of Homeland Security, ment of Homeland Security and, more farm workers who make up a majority DHS. Chairman STEVENS and I had the specifically, the Transportation Secu- of the farm workforce in our nation. opportunity to meet with Judge rity Administration, it made clear that And as the Congress debates funda- Chertoff, and I was encouraged by his ‘‘business as usual’’ was not accept- mental immigration reform, I hope desire to work with Congress to ad- able. The Department and TSA need to that Judge Chertoff will work to help dress the nation’s homeland security reread the underlying statutes and ensure that any reform efforts recog- needs. I believe that his stated goal of start functioning as Congress directed. nize and embrace the tremendous con- resolving the internal disputes that It is my hope that Judge Chertoff will tributions of immigrants to our econ- have plagued DHS since its founding be a leader who understands that ne- omy and our culture. and his commitment to reduce the vul- cessity. I would like to note the release last nerability of all our transportation Let me speak for a few minutes about week of a report by the U.S. Commis- systems to terrorist attack will serve the particulars of TSA and the Presi- sion on International Religious Free- him well in this new capacity. dent’s budget. In truth, the difficult dom, a bipartisan commission created Though I support Judge Chertoff’s work of securing all of our major by Congress that we asked to study the nomination, I want to take this oppor- modes of transportation, including expedited removal system and its ef- tunity to express some of my thoughts ports, shipping, railroads, intercity fect on asylum seekers. In his response and concerns about the current state of buses, motor carriers, and pipelines is to me last week, Judge Chertoff showed DHS and the Transportation Security just beginning, and the nation must a commendable concern for the civil Administration in particular. have a robust agency within the De- rights of those who were detained due In the days following September 11, partment dedicated to that task. to alleged immigration violations dur- we all recognized the many serious Security funding for all modes of ing the 9/11 investigation. His concern flaws in our homeland security efforts. transportation beyond aviation has should be even more pronounced here, We were exposed to new and unex- been desperately lacking. The 9/11 where the Commission found that DHS pected threats in ways we had never Commission found, ‘‘over 90 percent of detains people who seek refuge in the before thought possible. We committed the nation’s $5.3 billion annual invest- United States—and are not even ac- to do everything in our power to ensure ment in the TSA goes to aviation . . . cused of committing any criminal or that a tragedy like September 11 would [and] . . . current efforts do not yet re- civil violation—under conditions that never happen again. We took bold, flect a forward-looking strategic plan.’’

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1384 CONGRESSIONAL RECORD — SENATE February 15, 2005 According to Senate Banking Com- nation and Preparedness to administer We can debate how much we need for mittee estimates, the Federal Govern- $600 million in integrated grants for security, but it does not make any ment has spent $9.16 per airline pas- the protection of transit, railroads, sense to place the burden for new DHS senger each year on enhanced security ports, highways and energy facilities. revenue on an airline industry that is measures, while spending less than a This odd realignment of the grant bordering on total bankruptcy, when at penny annually per person on security process adds layers of bureaucracy, fur- the same time the administration is measures for other modes of transpor- ther diminishes accountability and dis- demanding that its unaffordable tax tation. tribution of these critical funds, and it cuts be made permanent. Port security and safe maritime is directly contrary to the law Con- The airlines have argued convinc- transportation is of particular interest gress enacted just 6 months ago. It also ingly that they cannot pass along in- to me. They are absolutely essential shields the fact that the administra- creased security fees to the passengers for my state of Hawaii, its economic tion is using the same limited pot of in their highly competitive industry. health, and the life and livelihood of its money, extending it to a wider range of Few of the carriers have managed even citizens. Chairman STEVENS’ state of grantees, and making them compete modest periods of profitability since Alaska is similarly situated, and I against one another when each of their September 11. I must remind people in know port security is of great impor- projects merit grant funding. this town, who often have a short and tance to him as well. The administration also proposes es- selective memory, that by a vote of 100 Apparently, though, we need to re- tablishing a new Office of Screening to 0 in the Senate and 410 to 9 in the mind the Administration—and perhaps Coordination and Operations, SCO, House, this Congress chose to make within the Border and Transportation the nominee—that 95 percent of the transportation security a national se- Security, BTS, Directorate. This new Nation’s cargo comes through the curity function. Funding homeland se- entity would purportedly coordinate ports. The security initiatives at most curity is a Federal responsibility. ports have been, to this point, woefully procedures to identify and interdict Given the many misplaced priorities underfunded, and most are ill prepared people, cargo and other entities that that I see in the President’s Budget for an attack. Unfortunately, our mari- pose a threat to homeland security. proposal, it is clear that the Congress This short-sighted proposal calls for time system is only as strong as its needs to help refocus the Department. cutting over 70 percent of TSA’s fund- weakest link. If there is an incident at Let me state here before my col- ing for rail, trucking, pipeline, and any one port, the whole system will leagues and for the record, the Senate hazmat security-related initiatives. screech to a halt, as we scramble to en- Commerce Committee will not stall in The ‘‘streamlining of duplicative pro- sure security at other ports. If we had its efforts to continue developing com- grams and activities’’ effectively elimi- to shut down our entire port system, prehensive, bipartisan legislation to nates TSA’s role in allocating trans- the economic damage would be wide- strengthen port, rail, and intercity bus portation security grants, maritime re- security, regardless of the Bush admin- spread, catastrophic and possibly irre- search and development grants, and istration’s repeated refusal to support versible. cedes its regulatory authority to de- Judge Chertoff has many tools at his or properly address these critical ini- velop the Transportation Worker Iden- disposal to protect our maritime and tiatives. Our national transportation tity Credential, TWIC, program. In shipping interests, both through the system remains an inviting target for short, this budget ignores congres- TSA and the U.S. Coast Guard. Our na- terrorists. The system is vulnerable, sional direction, transfers these func- tional shore line extends for thousands and an attack could cause widespread, tions back to agencies that operate in of miles, with key cities and facilities a stovepipe manner and do not have catastrophic economic damage. In fact, located all along the coasts. Whether it regulatory authority for credentialing, in his most recent video tape, Osama is monitoring, credentialing, or in- and decimates TSA’s Office of Mari- bin Laden stated plainly that bank- specting cargo, there is no doubt, port time and Land. rupting the United States was a pri- security is a daunting and difficult Regarding rail security, the adminis- mary, al-Qaida goal, and given al- task. tration’s budget fails to propose any Qaida’s previous attacks, it is clear If Judge Chertoff has difficulty un- dedicated funding or specific programs that transportation systems are high derstanding the importance of im- to address rail security, and given their on their target list. proved port security, there are 14 mem- proposal to eliminate support for Am- So I come to the floor today to in- bers of our committee with major ports trak, it is clear that the administra- form my colleagues and the adminis- in their State, and I am sure each tion is not interested in rail service let tration that, I, along with many of my would be more than willing to help pro- alone rail security. The recent rail ac- fellow Commerce Committee members, vide greater clarity. cident in South Carolina and the re- will be introducing a transportation se- Even though we all recognize the sulting chlorine gas spill remind us curity reauthorization proposal, which overwhelming task of port security, that our rail system presents unique will provide further direction to the the President’s Budget does not do vulnerabilities that, if exploited, could Department’s cargo security functions, enough. It is true that the Coast Guard cause irreparable economic and phys- strengthen aviation, maritime, rail, increases 7.5 percent over the previous ical damage to communities across the hazardous materials, and pipeline secu- fiscal year, which seems laudable. How- country. rity efforts, and improve interagency ever, when you look at the numbers, it TSA has undertaken several small- cooperation. becomes clear that the administra- scale, ad hoc, efforts to strengthen rail The proposal will incorporate several tion’s request—for the third year in a security, from rail passenger screening Commerce Committee-reported and row—does not recognize that in addi- pilot tests to rail corridor threat as- Senate-passed bills from the prior Con- tion to the Coast Guard’s ever-increas- sessments in specific corridors. But the gress and will also put forth new ideas ing port securities duties, it must still administration’s lack of support for to enhance transportation security continue critical functions like search dedicated funding or programs—beyond across all modes of transportation. and rescue efforts and enforcement of what the Congress has forced upon the For port security, we will seek to im- coastal and fisheries laws. There is no agency through the appropriations prove interagency cooperation by fur- question that we must provide for in- process—reflects the low priority that ther developing joint operation com- creased security, but there is also no TSA leadership and the administration mand centers. Additionally, our bill question that other critical missions place on this important work. They be- will clarify the roles and responsibil- also impact the free flow of maritime have as if September 11 never hap- ities for cargo security programs, while commerce. pened. establishing criteria for contingency In addition to not providing enough The budget proposal for aviation se- response plans. Our legislation will fur- funding for Coast Guard activities, the curity appears on paper to increase by ther encourage the development of ef- President’s budget also proposes to de- $156 million, but this funding depends fective technologies that detect ter- velop a Targeted Infrastructure Protec- on $1.5 billion in new revenues raised rorist threats by setting a minimum tion Program, TIPP, within the Office through increased security fees on air- level of R&D funding related to mari- of State and Local Government Coordi- line passengers. time and land security.

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1385 To address aviation, we will take sev- have enormous respect and affection tible to multiple interpretations. They eral steps to strengthen the existing, for my colleague from New England, are not ambiguous. They do not sug- professional, screening workforce but on this occasion I believe his com- gest the need to refresh the nominee’s through improved training of personnel ments were well off the mark. Here are recollection. They do not invite specu- and by directing a more appropriate some of the words my colleague spoke: lation as to what the nominee meant. use of TSA’s resources. Additionally, Our problems with the administration on And there is only one reason why some we will seek to streamline and improve this nomination pale in comparison with the of our colleagues would feel the need to collection of airline and passenger se- failure of the Senate Republican majority to ask other people about what they said curity fees to promote a more efficient carry out its own constitutional responsibil- to Judge Chertoff, and that is, if we did ities on this nomination. Instead of insisting and healthy aviation industry. on adequate answers to questions raised by not believe him. For rail security, we will incorporate the documents, they have acquiesced in the This is a distinguished public serv- an updated version of the Rail Security Government’s coverup and abdicated their ant, a sitting Federal judge who is tes- Act of 2004, which the Senate passed by own independent constitutional responsi- tifying before our committee under unanimous consent last year, and we bility to provide advice and consent. oath. There is no reason to doubt his will feature new efforts to ensure the I sincerely believe that were I fortu- testimony. His testimony was clear, it security of hazardous materials that nate enough to have the senior Senator was forthright, it was candid. It is de- are shipped by rail. from Massachusetts serve on the com- meaning to suggest that somehow we To address the security needs of our mittee the Presiding Officer and I serve need to probe this further because we other surface transportation modes, on, he would never have said those do not believe this distinguished public the proposal will include funding to words or reached such a harsh judg- official. improve intercity bus security, ment. I asked this question yesterday, but I strengthened hazardous material trans- He went on in his statement to call am going to repeat it again: Since portation security efforts, new security these proceedings ‘‘a blatantly defec- when have we become so cynical about guidelines for truck rental and leasing tive consent.’’ Again, I so wish that the good people who are willing to step for- operations, and the development of senior Senator from Massachusetts had ward, sacrifice, and serve our country? pipeline security incident recovery had the opportunity to participate in How could our colleagues from Michi- plans. our committee’s process. He would gan and Massachusetts come to this I look forward to working with Judge have found that our committee has the floor, praise Judge Chertoff, pledge to Chertoff, the TSA, and the administra- most thorough process for considering vote to confirm him, and then condemn tion on this effort, and I remain hope- nominations of any committee in the the nomination process when we have ful that his new leadership at DHS will entire Senate. I believe our committee concluded that the judge gave us truth- inspire the requisite commitment and is the only one, for example, that has ful, straightforward answers, and we dedication necessary to meet the secu- the staff on both sides of the aisle have no reason to doubt the answers he rity challenges ahead. The work will interview the nominee. We posed to gave us? He was not evasive. He was not be easy. While most of us recognize Judge Chertoff 250 written questions, straightforward. It does not make the improvements that have been made both before the hearing and after the sense to criticize the process because in airline security over the last few hearing. We had a lengthy hearing in the committee refuses to engage in an years, others are pushing to roll back which members on both sides of the exercise that, at its core, is built upon the progress that we have made. aisle were free to ask the toughest the premise that Judge Chertoff is Despite that progress, there are some questions possible to the nominee. somehow being less than truthful with that continue to urge TSA to return to There was no limit on the questions the committee. I reject that premise. the days of private security screening that could be submitted for the record, There is no basis for it. companies, like Argenbright Security and the nominee sat for hours pa- Let me close these remarks by saying and its underpaid, poorly trained work- tiently, fully, and candidly answering a word about the Senate’s constitu- force. These efforts are not just short- the questions posed to him by the tional role of advise and consent be- sighted, they disregard a national im- members of the committee. So I be- cause I think a lot that has been said perative to treat transportation secu- lieve that the judgment of the Senator about this role misses an essential rity as a national security function, from Massachusetts does not reflect point. and they should be quickly dismissed the process we undertook for this We, the Senate, advise and consent. by the administration. I call on Judge nominee. I truly wish he could have It is the President who appoints. We do Chertoff to clarify DHS’s position on seen the process because I think he not appoint. Sometimes I think some this matter quickly, so the country can would have reached a different conclu- of my colleagues believe the Senate continue to have faith in the security sion. And I say that with a great deal should do all of the appointing for the efforts we have come to expect when of personal affection for my friend President, but that is not how the sys- flying. from Massachusetts. tem works. That is not how our Con- Similarly, TSA needs more resources The fact is, first, that Judge Chertoff stitution works. Indeed, as Professor and attention paid to port, rail, motor has undergone intense scrutiny by the Laurence Tribe has noted—and he is a carrier, hazardous materials, and pipe- Homeland Security and Governmental liberal law scholar, not a conservative line security matters, not less, and I Affairs Committee. I cannot imagine one—the appointments clause ‘‘seeks am hopeful that Judge Chertoff will how anyone could conclude, given the to preserve an executive check upon make strengthening all areas of trans- number and the scope of questions legislative authority in the interest of portation security one of his top mis- posed to the judge, that this was some- avoiding an undue concentration of sions. how ‘‘defective consent.’’ power in Congress’’—in Congress—‘‘in We must take this opportunity to Second, on the issue of the e-mails executing our responsibilities.’’ continue moving in the right direction and the nominee’s knowledge of ques- We should do well to remember that and avoid taking steps backward. I sup- tionable interrogation techniques used it is the President who is appointing port the nomination of Michael by certain DOD personnel at Guanta- these positions. It is our job to advise Chertoff as Secretary of Homeland Se- namo, Judge Chertoff’s testimony and consent. We have performed that curity and look forward to working could not have been clearer. He told job well in this case. We subjected this with him to ensure that the American the committee under oath that he was nominee to extraordinary scrutiny, de- people can depend on a national trans- ‘‘not aware’’ of any practices at Guan- spite the fact that he has already been portation system that is as safe and se- tanamo that ‘‘even approach[ed] tor- confirmed by this body three previous cure as possible. ture.’’ He said he had ‘‘no knowledge’’ times. Nevertheless, as is appropriate, The PRESIDING OFFICER. The Sen- of any interrogation techniques other we went through a full confirmation ator from Maine is recognized. than those that he described as ‘‘plain process with a review of his biographi- Ms. COLLINS. Mr. President, earlier vanilla.’’ These are straightforward, cal questionnaire, his finances, with a today, the senior Senator from Massa- plain words—‘‘I was not aware’’; ‘‘I had full FBI check, with an extensive pub- chusetts spoke on this nomination. I no knowledge.’’ They are not suscep- lic hearing that stretched several

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1386 CONGRESSIONAL RECORD — SENATE February 15, 2005 hours, and with 250 written questions, ferent agencies, all important to pro- ican people, as he discussed this yester- primarily from Democratic members, tect this Nation in one way or the day on the floor, is a debate over the submitted to him for response. What other. He will be called upon to bolster right of the Senate and the American more can we ask? What more can we the efforts of our State and local law people to have information about the ask of a nominee who is simply step- enforcement officers, firefighters, way our Government does business. ping forward to answer the call to emergency response personnel, and in The information sought in the con- serve his country? And what more can the process of managing these 180,000 text of his nomination by Senator we ask of a Senate committee in car- employees, he doesn’t have enough peo- LEVIN would help us understand how rying out this solemn duty with which ple. Many of these 22 different agencies the administration arrived at those we are vested? he is responsible to manage are under- policy decisions and would help prevent As much as I have respect and affec- staffed. So he will have a tremendous similar mistakes in the future. tion for my colleague, the senior Sen- burden. No one would disagree—I shouldn’t ator from Massachusetts, I cannot let The people who work in these agen- say that. Very few people would dis- his comments pass. That is why I felt cies are public servants first in any agree that the policies undertaken in compelled to explain to all of my col- designation you want to make. They Guantanamo Bay, Afghanistan, and leagues what the process was and that are the frontline protection for com- Iraq dealing with interrogation which the Senator’s description simply does munities across the Nation. led to these brutal acts, the acts of tor- not reflect what was done. I am cer- Over the course of the last year, I ture, were wrong. These policies were tain—absolutely certain—that had he have held in Nevada what I call Front- used to justify forced nakedness. Keep in mind we live in a different environ- been a member of the committee, had line Focus roundtables. I am meeting ment than the people of Iraq. The shav- he joined with us in the nomination with firefighters, sheriffs, and emer- ing of the beards was demeaning to hearing, he would have reached an en- gency response personnel. It has been these men, but it was done many tirely different conclusion about the tremendously enlightening to me to times. They were placed in stressed po- integrity and thoroughness of the proc- talk to them about the problems that sitions. They were intimidated with ess. we have, from the communication and dogs, and on and on. We learned of I thank the Chair. resource challenges facing urban cen- these torture policies and their impact Mr. President, I do anticipate that ters such as Las Vegas and Reno, but not from this administration, as is our further of my colleagues will be com- also rural communities all over the right, but through leaks and lawsuits. ing to the floor. I will yield to them State of Nevada. They have special Leaks and lawsuits, unfortunately, is when that happens. needs, special demands. the way we have to learn much of what (The remarks of Ms. COLLINS per- Of course, I mentioned already Las Vegas with its booming tourist indus- is going on today. taining to the introduction of S. 380 are The shocking abuses—and there is no try. About 20 people an hour are mov- printed in today’s RECORD under other way you can describe it—at Abu ing into Las Vegas. It is growing and ‘‘Statements on Introduced Bills and Ghraib were revealed when the photo- the growth has not stopped. So Ne- Joint Resolutions.’’) graphs were released to the news vada’s homeland security needs run the Ms. COLLINS. I suggest the absence media. I can remember going upstairs of a quorum. gamut. Our State and local officials to S. 407 with other Senators and look- The PRESIDING OFFICER. The will need the support and help of Judge ing at the brutality and the porno- clerk will call the roll. Chertoff and the Department of Home- graphic nature of those pictures. Even The legislative clerk proceeded to land Security in the work they do. His for someone who has seen other acts of call the roll. job is a tough and challenging job, and torture and terror in the work that we Mr. REID. Mr. President, I ask unan- that is an understatement. do, it was overwhelming. I had no idea imous consent that the order for the I have confidence in Judge Chertoff. I that is what I would see that day. I quorum call be rescinded. am confident he will meet these chal- waited not too long before I left. I saw The PRESIDING OFFICER. Without lenges. It was less than 2 years ago enough in about 15 minutes, but I saw objection, it is so ordered. that we approved him by an over- a lot. Mr. REID. Mr. President, how much whelming vote of 88 to 1 to a lifetime Major General Taguba’s report inves- time is left on this side? appointment on the Court of Appeals of tigating the abuse at Abu Ghraib was The PRESIDING OFFICER. The Sen- the Third Circuit. But he was willing discovered after it, too, was leaked to ator has 22 minutes 30 seconds. to give up this lifetime appointment the press. Judge Gonzales’s January Mr. REID. Mr. President, I, first, for a job that will last probably 4 25th, 2002, memo advising the President want to express my appreciation to years. that the Geneva Conventions were someone I believe a star of the Senate Since his confirmation, the adminis- ‘‘quaint and obsolete’’ was not known and that is CARL LEVIN. CARL LEVIN is tration has been mired in controversy until it was leaked to the press 2 years such a good example to every Senator. over its handling of prisoners and de- later. The Senate only learned of the When you work on something with tainees. The administration policies August 1, 2002, Bybee torture memo CARL LEVIN, you can rest assured that have come under great scrutiny and we when it was leaked to the press in June he has read every word of it. He is need to learn, during the course of this of that year. someone who I am sure, before he came confirmation hearing, and we tried to I ask my colleagues, if this informa- to the Senate, was an outstanding law- do that, what role he may have played tion had not come to light, would the yer. I am so impressed with his ability in crafting these policies. administration disavow these prac- to do legal analysis, and I am so im- Judge Chertoff has testified before tices? I regret that in the context of pressed with his understanding of gov- the Homeland Security and Govern- this nomination the administration ernment generally. mental Affairs Committee that he was will again deny the Senate and the What we have here is something that not directly involved in the adminis- American people a full understanding is very typical for Senator LEVIN. The tration’s decision to gut the Geneva of how we embarked on a policy which nomination of Michael Chertoff to be Conventions and set out on a new and has imperiled our soldiers and our Na- Secretary of Homeland Security is very dangerous path with regard to interro- tion. important. This new Cabinet level of- gations. We have to take Judge In Judge Chertoff’s case, we know fice that has been created is so impor- Chertoff at his word, because the docu- during his tenure that torture policies tant. I think it has become one of the ment proof has either been denied to authorized by Justice and given effect most important posts that the Presi- Senators or otherwise has been so by the Department of Defense were dent has. We know how important the heavily redacted that it raises ques- hotly debated by DOD, Justice Depart- Secretary of Defense is, we know how tions about the role of the Criminal Di- ment, and FBI officials. We know this important the Secretary of State is, vision overseen by Judge Chertoff. only because a private group filed a but this is so important. The debate over his nomination, as freedom of information request for Judge Chertoff will be called upon to my colleague, Senator LEVIN, has such information. The request pro- manage some 180,000 employees, 22 dif- brought to the attention of the Amer- duced a series of redacted FBI emails

VerDate Mar 15 2010 20:45 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S15FE5.REC S15FE5 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 15, 2005 CONGRESSIONAL RECORD — SENATE S1387 that gave voice to the dissenters this somehow we will be able to get the Judge Chertoff has said he will be administration has tried to muzzle. names of these individuals and pursue proud to stand again with the men and The redactions prevent us from fully it more carefully and also find out women who form our front line against understanding that debate and how what the real words were; I am con- terror. I know I speak for many when I Criminal Division lawyers under Judge fident it was torture. One thing we say we are proud to have a man of his Chertoff’s supervision dealt with the know clearly from these memos is that caliber and talent serving and pro- FBI concerns that the torture policies the FBI says using our methods, the tecting the American people. were not only immoral but ineffectual. normal methods of interrogation, we Mr. President, I ask for the yeas and It prevents us from truly under- are getting more information from the nays. standing Judge Chertoff’s role and enemy than you are while using your The PRESIDING OFFICER. Is there a whether attorneys under his super- acts of violence. sufficient second? vision raised the issue with him di- I close by saying, again, I want this There appears to be a sufficient sec- rectly. He said he does not remember. I record spread with the fact that Sen- ond. accept the judge’s statement in that ator LEVIN has done a good thing for The question is, Will the Senate ad- regard. But that does not take away this country. He has done good work vise and consent to the nomination of from the necessity of being able to again in allowing us to look at an issue Michael Chertoff, of New Jersey, to be have this information. that should be a simple issue that has Secretary of Homeland Security? On In response to Senator LEVIN’s re- been made complicated by this admin- this question, the yeas and nays have quest for an unredacted version of the istration by virtue of their hiding what been ordered, and the clerk will call FBI emails, the administration issued it should not. the roll. its broadest assault against the Sen- Ms. COLLINS. Mr. President, I ask The bill clerk called the roll. ate’s duty to evaluate a nominee to get unanimous consent the quorum call I Mr. MCCONNELL. The following Sen- oversight of this administration. The am about to invoke be charged equally ator was necessarily absent: the Sen- administration claimed it would not to both sides. ator from Pennsylvania (Mr. SPECTER). turn over the unredacted emails be- The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the cause to do so would violate the Pri- objection, it is so ordered. Senator from Montana (Mr. BAUCUS), is vacy Act, even though, through Senate Ms. COLLINS. Mr. President, I sug- necessarily absent. security, any classified information gest the absence of a quorum. The PRESIDING OFFICER. Are there would be protected. The Privacy Act is The PRESIDING OFFICER. The any other Senators in the Chamber de- designed to prevent the Government clerk will call the roll. siring to vote? The bill clerk proceeded to call the The result was announced—yeas 98, from disclosing personal information roll. nays 0, as follows: about private individuals who have not Mr. FRIST. Mr. President, I ask [Rollcall Vote No. 10 Ex.] consented to disclosure. It is not a tool unanimous consent that the order for to conceal identities of public officials YEAS—98 the quorum call be rescinded. Akaka Dole Martinez engaged in this Nation’s business. The PRESIDING OFFICER (Mr. As my colleague from Michigan, Sen- Alexander Domenici McCain BURR). Without objection, it is so or- Allard Dorgan McConnell ator LEVIN, has so forcefully stated, dered. Allen Durbin Mikulski the administration’s penchant for se- Bayh Ensign Murkowski Mr. FRIST. Mr. President, in a few Bennett Enzi crecy threatens each and every Sen- moments we will be voting on the nom- Murray ator’s ability to do the people’s busi- Biden Feingold Nelson (FL) ination of Judge Michael Chertoff to Bingaman Feinstein Nelson (NE) ness and undermines our role in pro- lead the Department of Homeland Se- Bond Frist Obama Boxer Graham viding advice and consent to the Presi- curity. I applaud President Bush for his Pryor dent’s nominees and undermines our Brownback Grassley Reed Bunning Gregg outstanding choice, and I am confident Reid role in conducting oversight into this Burns Hagel that Judge Chertoff will receive over- Roberts Burr Harkin administration. In the end, what is Rockefeller whelming support from both sides of Byrd Hatch most troubling is that the administra- Salazar the aisle, making this his fourth con- Cantwell Hutchison Santorum tion’s culture of secrecy may breed fur- Carper Inhofe firmation by this body, the Senate. Sarbanes ther abuses, abuses we know of today, Judge Chertoff has a long and distin- Chafee Inouye Chambliss Isakson Schumer not because of but in spite of the ad- guished career in public service and Sessions ministration’s effort. Clinton Jeffords law enforcement. Coburn Johnson Shelby We must overcome these roadblocks The Harvard Law magna cum laude Cochran Kennedy Smith put up by the administration because first made his name in the mid-1980s Coleman Kerry Snowe the job of protecting the homeland is Collins Kohl Stabenow putting away five of the biggest Mafia Conrad Kyl Stevens too important. Judge Chertoff will bosses in New York. Cornyn Landrieu Sununu have enormous challenges if he as- His success brought him the job of Corzine Lautenberg Talent sumes his new position, which I am U.S. attorney in New Jersey where he Craig Leahy Thomas confident he will. Border security, im- Crapo Levin Thune oversaw high-profile and politically Dayton Lieberman Vitter migration, port security, airport sensitive prosecutions. DeMint Lincoln Voinovich screening, protecting America’s crit- In 2001, Judge Chertoff was chosen by DeWine Lott Warner ical infrastructure, and so much more President Bush to lead the Justice De- Dodd Lugar Wyden will now fall under his purview. He has partment’s Criminal Division. It was NOT VOTING—2 pledged to work with the Congress in there that Judge Chertoff would show Baucus Specter crafting the Department’s policies. As his full mettle. For the 20 hours fol- The nomination was confirmed. much as possible, this must be a non- lowing the attacks on 9/11, Judge The PRESIDING OFFICER. The partisan exercise. Working together, Chertoff was central in directing our President will be immediately notified we can and we must put our country in response. of the Senate’s action. the strongest possible position to de- His team in the Criminal Division fend itself for the many threats we traced the 9/11 killers back to al-Qaida. f face. And for the next 2 years, Judge LEGISLATIVE SESSION In short, what I am criticizing and Chertoff helped craft our antiterrorism The PRESIDING OFFICER. Under complaining about, we have some policy. the previous order, the Senate will now emails from the FBI to the Justice De- His experience working directly with return to legislative session. partment, saying, in effect, how we law enforcement, his expertise in The majority leader. conduct our interrogations is appro- homeland and national security, and f priate. What the Department of De- his proven ability to lead in times of fense is doing with their brutality and national crisis make him overwhelm- MORNING BUSINESS their torture is wrong. I am convinced ingly qualified to direct our homeland Mr. FRIST. Mr. President, I ask that is true; the FBI was right. I hope security. unanimous consent that there now be a

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