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Senator Byrd

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Remarks by Senator Byrd

July 08, 2004

Protecting the People's Interests Instead of Campaign Interests

Senator Byrd delivered the remarks below in the Senate, decrying the Senate's inability to move off of class-action lawsuit reform legislation and instead consider the legislation to fund the Department of Homeland Security -- despite a warning from Secretary Tom Ridge earlier in the day that al Qaeda was expected to attempt a terrorist attack in America before the November elections.

This morning, Homeland Security Secretary Ridge and FBI Director Mueller briefed Senators and indicated that Al Qaeda cells are operating in the United States and that multiple and simultaneous attacks are possible before the November Elections. Secretary Ridge said, "credible reporting now indicates that Al Qaeda is moving forward with its plans to carry out a large-scale attack in the United States in an effort to disrupt our democratic process". Just a month ago, the Attorney General announced that he had credible intelligence from multiple sources that Al Qaeda plans to hit the United States hard in the next few months. In the weeks following the Madrid railway bombings, The Washington Post reported that the President informed the Republican congressional leadership that he was all but certain that terrorists would attempt a major attack on the United States before the November Elections.

Just a few weeks ago, the 9/11 Commission released interim reports concluding that the terrorists who are intent on doing us harm are cunning and agile. These reports also indicate that our government agencies were not prepared to deter or respond to such attacks. I fear that we are still not prepared to deter or respond to such attacks.

Yet, despite the threats, despite the dangers, despite even today's warnings from Secretary Ridge, the Senate this afternoon continues to debate legislation to reform the class action lawsuit process. We have spent three days on the bill without a single roll call vote. Next week, it is expected that the Senate will debate a proposed constitutional amendment on marriage. These are important matters, but, frankly, they are not urgent. They are not life-or-death issues. But they are the priority for the Senate Majority Leadership. I believe that there are other more urgent matters that we should be considering.

The Senate Appropriations Committee unanimously reported the Homeland Security Appropriations bill three weeks ago, on June 17. Since June 17, the bill has sat, collecting dust. Why are we not debating that bill? In response to the Madrid train bombings, both the Senate Banking Committee and the Senate Commerce Committee reported bills authorizing new Federal programs to secure our mass transit systems and our rail systems. The Governmental Affairs Committee has reported a bill authorizing first responder grants. The Senate has passed an authorization bill to increase resources for the Coast Guard, but the bill is mired in conference. Why are we not moving forward on these bills?

While the Bush Administration has consistently promised the American people that they are making this country safer, the facts show that the Administration has consistently put homeland security on the back burner. For this Administration, homeland security can wait. It created a new Department of Homeland Security that rearranges the deck chairs, but it did not energize that Department with the resources that it needed to make America safer and many of the resources that were provided to the Department have yet to be spent.

In response to the terrorist threat, one might have anticipated that the President would have requested supplemental appropriations for securing our mass transit systems, for inspecting more containers coming into our ports, for increasing inspections of air cargo, or for increasing the number of Federal Air Marshals. One might have expected that he would have amended his 2005 budget request to increase his anemic three-percent proposed increase for the Department of Homeland Security.

Instead, the White House did nothing. Instead, the Department seems satisfied with a go-slow, business-as-usual approach to homeland security. The Department issued advice to mass transit systems for improving security, but provided no funding to increase law enforcement presence, or to deploy canine teams. Despite the approach of a busy summer season for airline passengers, the Department has allowed the number of Federal Air Marshals to shrink precipitously, and the President's budget would result in even deeper reductions next year. Despite concerns about the safety of our borders, the Department, in March, imposed a hiring freeze on Customs officers and immigration inspectors.

Millions of dollars that Congress approved for port security, bus security, and hazardous materials grants nine months ago have not been awarded. Millions of dollars that Congress approved in February of 2003, seventeen months ago, for the purchase of additional emergency equipment for the twenty-eight Urban Search and Rescue teams have not been spent. Having this money sit in Washington, D.C., does not make American citizens any safer.

As a result of the President's decision not to seek supplemental appropriations, the Transportation Security Administration was forced to cut funding for training passenger and baggage screeners and for purchasing equipment for airport checkpoints. As the lines at our airports get longer and longer this summer, our citizens will wonder who is responsible.

It has been two-and-a-half years since Richard Reid, the so-called shoe bomber, tried to blow up an aircraft in flight over the ocean with explosives that he carried onto the aircraft. Are we any closer to deploying systems that could check passengers for explosives? Sadly, the answer is no.

It has been over two and a half years since the Congress passed the USA Patriot Act and set a goal of tripling the Border Patrol and Customs officers on the northern border. Have we met the goal? Sadly, we are 1,428 officers short of the goal.

It has been nearly three years since 9/11, when police and firemen in the World Trade Center could not talk to each other on their radios and tragically hundreds of them perished. Are we any closer to providing police and firemen across the nation with interoperable communications equipment? Sadly, the answer is no.

The EPA has estimated that there are 100 chemical plants in this country, each of which, if attacked, could harm over 1 million people each. In February of 2003, the National Infrastructure Protection Center, which is now part of the Department of Homeland Security, issued a threat warning that Al Qaeda may attempt to launch conventional attacks on nuclear or chemical plants. A year and a half later, has the Department actually hardened the security of the chemical plants? Sadly, the answer is no.

Mr. President, more than 95 percent of the nation's overseas cargo moves through our ports. The U.S. Coast Guard estimates that a one-month closure of a major U.S. port would cost our national economy $60 billion. We inspect only nine percent of the cargo containers that come into our ports. In order to help secure the ports, the Coast Guard estimates that $1.1 billion is required to implement the Maritime Transportation Security Act in the first year, and $5.4 billion over ten years. Yet the President requested only $46 million for port security grants, a cut of sixty-two percent. We need to do more.

On March 11 of this year, terrorists attacked commuter trains in Madrid, Spain, killing nearly 200 innocent passengers. The President has not requested a dime for mass transit security. No one is suggesting that we set up a passenger screening system at our train stations like we have at airports, but we should be investing in additional guards, better training, additional canine teams, and better surveillance. Americans use public transportation over 32 million times per work day. The Senate Banking Committee has reported a bill authorizing over $3.5 billion for FY 2005 for mass transit security and the Senate Commerce Committee has reported a bill authorizing $1 billion for rail and Amtrak security. Our citizens deserve to be secure as they travel to work and back. Time and time again, over the last three years, I offered amendments to provide funding for securing our mass transit systems and the White House consistently called the amendments wasteful or unnecessary spending. We need to do more.

The Hart-Rudman report on the terrorist threat in this country recommended a $98 billion investment in equipping and training for our first responders over the next five years. Yet the President did not request an increase in first responder funding. Instead the President has proposed to cut first responder funding in the Department by over $700 million, including a $246 million cut in fire grants; and government-wide, he proposes cuts of $1.5 billion. We need to do more, not less.

Mr. President, we are in perilous times. We are a country that faces increasing threats from terrorists here at home. As Secretary Ridge explained to the country this morning, there is a growing concern of a potential terrorist attack before the November elections. We are vulnerable, and the continual warnings and calls for vigilance only magnify that vulnerability.

But what is our response to the Secretary's warnings in this Senate? We give whistles to staff in the Capitol, and hope for the best. We sit back and wait, wait, wait on an appropriation bill that would improve homeland security. Instead of acting, we delay. We delay homeland security funds for police officers and firefighters. We delay immediate investments in border security and port security. We say loudly, for all the country to hear, "Homeland security can wait." No, Mr. President, it cannot. Homeland security cannot wait.

Indeed, the majority leader could have scheduled the homeland security appropriations bill this week. But, rather than bring up that critical legislation this week, the majority chose to go to the class action bill. And once the Senate began consideration of the class action bill, then the majority leader decided that Senators could only offer those amendments that the leader deems appropriate.

Here we are in the middle of July with eleven more legislative days left before the Senate recesses for the respective party conventions. The Senate has acted on exactly ONE appropriations bill, the Defense bill.

It is said that actions speak louder than words and I believe that to be true in this case. Given all of the priorities facing this country, the majority leader said that the most urgent need that the Senate should consider is the class action bill. The Leader has further indicated that next week the Senate will consider a constitutional amendment that no one believes has the number of votes needed for adoption. And Homeland Security funding will sit on the sidelines. That is not what this Senate should be about. This Senate should step back from this folly and put the people's interests first.

Mr. President, I simply do not understand why the Senate is twiddling its thumbs, on legislation that could be considered at another time, rather than addressing homeland security issues when it matters most.

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