Congressional Record: January 23, 2003 (Senate)
Page S1463
THE NOMINATION OF GOVERNOR TOM RIDGE AS SECRETARY OF THE HOMELAND
SECURITY DEPARTMENT
Mr. JEFFORDS. Mr. President, I rise to speak on the nomination of
Governor Tom Ridge to head the newly created Department of Homeland
Security. Although I support his confirmation, I would like to
elaborate on my expectation that Governor Ridge will be responsive to
Congressional committees as he carries out his duties.
As the ranking member on the Senate Environment and Public Works
committee, I have been deeply concerned about the creation of this new
department. I voted against the legislation creating the Homeland
Security Department in part because of concerns about the Federal
Emergency Management Agency, FEMA, role in the new organization and its
ability to carry out its mission once moved into the Department. The
Environment and Public Works Committee, EPW, will continue to have
oversight of FEMA within the new department. I fully expect Governor
Ridge to answer any and all questions we may have about FEMA's new role
in a responsive and timely fashion.
I also expect the Department to act to protect our chemical and
nuclear plants from attack and to support legislation such as S. 157,
the Chemical Security Act sponsored by Senator Corzine and myself in
the 108th Congress, and favorably reported by the EPW Committee in the
107th Congress as S. 1602, and S. 1746, the Nuclear Security Act
sponsored by Senator Reid and reported favorably by the EPW Committee
in the 107th Congress.
Governor Ridge expressed his concern about these important security
issues in testimony before the EPW Committee on July 10, 2002, stating,
``The fact is, we have a very diversified economy and our enemies look
at some of our economic assets as targets. And clearly, the chemical
facilities are one of them.'' The Washington Post published a letter on
Sunday, October 6, 2002 from Governor Ridge and Administrator Whitman
expressing the commitment of the Bush Administration to reduce the
vulnerability of America's chemical facilities to terrorist attack. In
this letter the Governor stated that voluntary efforts alone are not
sufficient to provide the level of assurance Americans deserve. I agree
with the Governor and expect his engagement in the development of
legislation to address this issue.
As Senator Levin pointed out in Governor Ridge's confirmation hearing
before the Government Affairs committee last week, language contained
in section 214 of the implementing legislation for the Homeland
Security Department could be interpreted to exempt from disclosure any
information included in a voluntary submission, including evidence of
illegal activity such as hazardous waste dumping. Further information,
even if discovered independently of the submission, could not be used
in any action against that company. Even a Member of Congress would be
prevented from taking any action with that information.
In other words, this language could give substantial legal shelter to
companies acting illegally. The potential environmental consequences of
this are enormous.
While I note the potential for this interpretation, I do not believe
it is the correct interpretation, and I was heartened to hear that
Secretary Ridge shares my views on this. In last week's confirmation
hearing, he said, ``That certainly wasn't the intent, I'm sure, of
those who advocated the Freedom of Information Act exemption--to give
wrongdoers protection, or to protect illegal activity. And I'll
certainly work with you to clarify that language.''
I agree with the Secretary that ambiguities in this language must be
clarified to make clear that it is only the physical document being
submitted to the Department of Homeland Security that is intended to be
protected by this provision. Records generated elsewhere or by other
means, even if they contain similar or identical information to that
which was submitted to Homeland Security, would not be affected by this
provision but would continue to be treated under existing Freedom of
Information Act provisions or other applicable law. This allows
confidentiality of the information voluntarily submitted to Homeland
Security, while still allowing other Government agencies to proceed
with their duties under existing law. It also allows the public
continued access to information to which it has traditionally been
entitled under our public information laws.
I look forward to working with Governor Ridge as he assumes his new
post.
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