Class Action Fairness Act of 2004

CONGRESSIONAL RECORD
SENATE
CLASS ACTION FAIRNESS ACT OF 2004

Mr. DURBIN. If the Senator from New York would yield for a question.

Mrs. CLINTON. Certainly.
UNANIMOUS CONSENT REQUEST-S. 2537 AND H.R. 4567

Mr. DURBIN. Madam President, I would like to ask the Senator from New York if she would allow me to make a unanimous consent request at this time that the appropriations bills for homeland security be brought for immediate consideration on the floor of the Senate.

These bills-S. 2537 and H.R. 4567-are currently on the Senate calendar. After the warnings we received today from Secretary Ridge, could there be anything more important for us to do at this moment in time but to move to these bills so that units of government in New York, in Illinois, in Alaska, in Nevada are provided with the funds they need immediately, so we can move this process beyond all the political rhetoric and debate on so many issues that take a distant second place to the security of this Nation.

I wonder if it would be appropriate for the Senator to yield to me to make that request, and then I would return the floor to her.

Mrs. CLINTON. I so yield.

Mr. DURBIN. Madam President, I ask unanimous consent that the Senate take up for immediate consideration S. 2537, the Homeland Security Act of 2005.

The PRESIDING OFFICER. In my capacity as a Senator from the State of Alaska and on behalf of Senate Leadership, I object.

Mr. DURBIN. Madam President, I ask unanimous consent that the Senate take up for immediate consideration H.R. 4567, the Homeland Security Act of 2005.

The PRESIDING OFFICER. In my capacity as a Senator from the State of Alaska, I object.

Mr. DURBIN. Madam President, I am disappointed with that decision based on what we have seen today and heard. I hope and I pray nothing happens in this country between now and the time we take these bills up. It reflects so badly on the U.S. Senate that we have been given fair warning by this administration that we face one of the most serious security threats since 9/11 and the Senate is unwilling-there has been an objection to even considering the Homeland Security bills at this moment when, in fact, we have nothing else to do here. I hope that history proves that this was not a wrong decision, but it is a decision which, sadly, we will have to live with until the leadership of this Senate decides to return.

At this point, I yield the floor.

Mrs. CLINTON. I thank my good friend from Illinois and I yield the floor.

The PRESIDING OFFICER (Mr. Alexander). The Senator from Illinois.

Mr. DURBIN. Mr. President, what those who are following the Senate debate just witnessed is, sadly, a commentary on what has happened to the Senate. We are embroiled in debate on a class action bill relative to reforming the laws of America about how lawsuits can be filed. Many Members, in frustration, have wanted to consider many other issues: Should America now, after almost 6 years-plus of not increasing the minimum wage, finally increase the minimum wage for American workers? The Senator from Idaho has joined the Senator from Massachusetts in addressing a very important issue about agricultural workers and immigration. They would like to offer an amendment for that purpose, and it has broken down. There can be no agreement reached-at least there has not appeared to be an agreement reached.

Now we are just at rest, at ease, standing and doing nothing. It is hard to imagine that any of us were elected to the Senate for that purpose and particularly as many Members of the Senate, myself included, were called to a secret meeting, classified meeting this morning, with the Secretary of the Department of Homeland Security, Tom Ridge, as well as the Director of the Federal Bureau of Investigation, Robert Mueller, and were told at that briefing that we face an extraordinary threat to America's security. I am not saying anything out of school because I can tell you that Secretary Ridge had a press conference immediately after that private meeting and said as much to the American people.

It strikes me that under those circumstances we should be moving to consider issues relative to homeland security, not just the appropriations bills but issues relative to port security and railroad security. There are bills on this calendar which have just been languishing. At this moment in time, when we have nothing else going on on the floor of the Senate, why are we not moving as quickly as possible to consider those important appropriations bills?

Mr. STEVENS. Will the Senator yield for a question, Mr. President?

Mr. DURBIN. I will yield in just a minute. I will be happy to yield after I make my statement.

I just pray that we can reach a point where we can get to these bills before anything serious happens in America. But I know in my State of Illinois and in every other State there are units of local government as well as law enforcement units and those who are looking for the resources to be able to respond to a national emergency.

If something serious should occur, God forbid, it is not likely that people will be calling the Senate switchboard. They are going to be dialing 911. They are going to be hoping that on the other end of the line there will be a police department, a fire department, an ambulance, or a hospital that can respond extremely quickly. And the question is, obviously: Are we doing all we should do on a timely basis to provide the resources to these units of local government?

Secretary Ridge said today-and I have the highest respect for him; he is an old friend. I came to Congress with him over 20 years ago. He was an excellent appointment by the President. But he said how much we rely on State and local first responders. If that is the case, wouldn't we want to move as quickly as possible to make resources available for them so they can be prepared to defend America? That is why we should consider this legislation.

The Senator from California, Mrs. Boxer, came to the Senate floor today and made the same unanimous consent request to go to these issues. Again, the majority said no, we are not going to consider these issues. There is nothing more important. I would hope we would move to them quickly.

I yield to the Senator from Alaska for a question.

Mr. STEVENS. Well, I will seek the floor when the Senator is through.

Mr. DURBIN. All right. I would just say, in conclusion, then, at a time and place, I hope we can find this bipartisan agreement to move to these issues. The sooner the better. Once having moved to these issues, I think the Senate can dispatch them quickly, on a bipartisan basis, as it should.

I yield the floor.