Nomination of Thomas J. Ridge of Pennsylvania to be Secretary of Homeland Security

Jan. 22, 2003

EXECUTIVE SESSION

NOMINATION OF THOMAS J. RIDGE OF PENNSYLVANIA TO BE SECRETARY OF HOMELAND SECURITY

Mr. BYRD. Mr. President, I listened with great interest to the Senator from Maine. I can't think of a better person to have on my side, if I were Governor Ridge, than the distinguished junior Senator from Maine. If I were feeling otherwise, I would be almost persuaded—remembering that old Baptist hymn we used to sing in West Virginia, "Almost Persuaded," I would be almost persuaded to vote for him, if I had intended to otherwise. In this case, I think I will join her in voting for Governor Ridge.

Ms. COLLINS. I thank the Senator.

Mr. BYRD. So I salute her.

Now that the nomination has been reported unanimously to the Senate by the Governmental Affairs Committee, it seems certain that Tom Ridge will be confirmed by an overwhelming margin to be the Nation's first Secretary of Homeland Security.

And, while organizing 28 agencies—some say 22. I have heard that there are 28 agencies and offices—within a new Homeland Security Department will be a difficult task, to say the least, Senators seem to be confident that Governor Ridge is qualified to handle the job. I think that is the case. Governor Ridge appears to have the necessary qualities and experience to serve admirably as the first Secretary of Homeland Security. But I hope he understands that his new job responsibilities will involve more than just overseeing a new Department intended to protect our homeland.

Despite the objections of some Senators, this new Homeland Security Department has been empowered with wide-ranging authorities, and its officers will have prime access to information about the American public. With that access comes the potential for abuse.

We have already seen the administration pushing the legal envelope in the fight against terrorism—so much so that phrases such as "enemy combatants," "material witness warrants," and "military tribunals" have become synonymous with terrorist-related arrests here at home. We have seen the development of a parallel legal system for both U.S. citizens and noncitizens in which terrorist suspects may be investigated, jailed, tried, and punished without the legal protections long guaranteed by the American legal system.

Given the origins of this new Homeland Security Department—from the crafting of a secret plan in the bowels of the White House, to the refusal of the Homeland Security Director to testify before the Congress, to the expanding cloak of secrecy that has fallen over this administration—it is essential that Governor Ridge understand that he will be responsible not only for defending the homeland but also for defending against the abuse of power inside the new department.

As the department's first Secretary, Governor Ridge will set the precedents for how this new department uses its authorities in the name of homeland security. How far this department can peer into the lives of the American public will, in large part, be influenced by Governor Ridge.

The Congress will continue to perform its oversight role and to be on the lookout for abuses of power. But Senators will vote to confirm Governor Ridge today with the expectation that he understands and respects the oversight role of the Congress, and that he will never mislead the people's representatives or the people themselves about the actions of the department.

Most importantly, when the Senate votes to confirm Governor Ridge today, as I believe it will, it should be with the expectation that he respect the constitutional doctrines of checks and balances and separation of powers.

We have seen this administration running the Federal Government, to a disconcerting degree, from within the confines of the White House. We have seen how the President's advisors—whether they be his economic advisors, his national security advisors, or his homeland security advisors—can direct numerous Government actions, insulated from the Congress and the American public, by keeping the decisionmaking process inside of the Oval Office.

Over the last year, the White House has scrupulously avoided answering the questions of the Congress, as this branch has tried to assess our Nation's homeland security vulnerabilities. It is this body—this body—that must pass laws and provide funds to tighten up our borders, to hire inspectors, to buy vaccines, to prevent more terrorist attacks. But all too much, when we have looked for information on which to base our decisions from this administration, our requests have largely been denied. So today, we will vote to confirm Governor Ridge to be Secretary of Homeland Security and to answerable to us—answerable to the Congress, to both House of Congress—and to the people we represent.

This new department must not be just a public relations front, while the real work of debate on strategies and crafting of policies is being conducted inside the Executive Office of the President, protected from public scrutiny. The decisionmaking process with regard to the safety of our communities must remain open to the public, not hidden away. This is the only way that we can work to ensure that our Government operates within the legal boundaries established by the Congress, and that it does not threaten the privacy rights and civil liberties of the American public. That is the only way that we can be sure that this massive new department, in which so many have invested so must hope, actually does what it is supposed to do.

I intend to support the nomination of Governor Ridge, and I will do so with the hope he understands that he is charged with not only protecting the American public from overzealous terrorists but also with protecting their civil liberties from an overzealous new bureaucracy. And only time will tell. But time will tell. And so I express my support and shall cast my vote with the fervent hope that Governor Ridge will not blindly follow the President but that he will respect the institutional role of the Congress and be faithful to the Constitution and to the people whose liberties and safety may depend upon the decisions he, Mr. Ridge, will make.

I yield the floor.