[Congressional Record Volume 149, Number 94 (Tuesday, June 24, 2003)]
[House]
[Pages H5727-H5732]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          HOMELAND SECURITY TECHNICAL CORRECTIONS ACT OF 2003

  Mr. COX. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1416) to make technical corrections to the Homeland Security Act 
of 2002, as amended.
  The Clerk read as follows:

                               H.R. 1416

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Homeland Security Technical 
     Corrections Act of 2003''.

     SEC. 2. TECHNICAL CORRECTIONS RELATING TO CRITICAL 
                   INFRASTRUCTURE INFORMATION.

       Section 212(3) of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 131(3)) is amended by striking 
     ``systems--'' and inserting ``systems insofar as such 
     information pertains to--''.

     SEC. 3. VISA ISSUANCE.

       Section 428(a) of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 236(a)) is amended--
       (1) by striking ``subsection,'' and inserting ``section,''; 
     and
       (2) by striking ``office'' and inserting ``officer''.

     SEC. 4. RESPONSIBILITIES OF UNDER SECRETARY FOR EMERGENCY 
                   PREPAREDNESS AND RESPONSE.

       Section 502 of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 312) is amended by striking ``shall 
     include--'' and inserting ``shall be responsible for--''.

     SEC. 5. MILITARY ACTIVITIES OF THE COAST GUARD.

       Section 876 of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 456) is amended to read as follows:

     ``SEC. 876. MILITARY ACTIVITIES.

       ``Nothing in this Act confers on the Secretary any 
     authority over warfighting, the military defense of the 
     United States, or other military activities that are 
     authorized to be directed by the Secretary of Defense. This 
     Act shall not be construed to limit the existing authority of 
     the Secretary of Defense over warfighting, the military 
     defense of the United States, or other military activities, 
     including such activities of the Coast Guard when it is 
     operating as a service in the Navy under section 3 of title 
     14, United States Code.''.

     SEC. 6. ANNUAL INDEPENDENT EVALUATION OF INFORMATION SECURITY 
                   PROGRAM AND PRACTICES OF AGENCIES.

       Section 3535(b)(1) of title 44, United States Code, is 
     amended by inserting ``or any other law'' after ``the 
     Inspector General Act of 1978''.

     SEC. 7. IMMIGRATION-RELATED POWERS AND DUTIES OF THE 
                   SECRETARY AND THE ATTORNEY GENERAL.

       (a) In General.--Section 1102 of the Homeland Security Act 
     of 2002 (Public Law 107-296; 116 Stat. 2273) is amended--
       (1) in the matter preceding paragraph (1), by striking ``as 
     amended by this Act, is further amended by--'' and inserting 
     ``is amended--'';
       (2) by amending paragraph (1) to read as follows:
       ``(1) by amending the section heading to read as follows:


  ```powers and duties of the secretary of homeland security and the 
                         attorney general' '';

       (3) by amending paragraph (2)(D) to read as follows:
       ``(D) by redesignating the paragraph (8) added by section 
     372(3) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, and the paragraph (9) added by 
     section 373 of such Act, as paragraphs (10) and (11), 
     respectively; and''; and
       (4) in the matter added by paragraph (3)--
       (A) by striking ``the Immigration Reform, Accountability 
     and Security Enhancement Act of 2002.'' and inserting ``the 
     Homeland Security Act of 2002.''; and
       (B) by striking ``this section'' and inserting ``this 
     subsection''.
       (b) Conforming Amendments to Immigration and Nationality 
     Act.--
       (1) Section 103.--Section 103 of the Immigration and 
     Nationality Act (8 U.S.C. 1103) is amended--
       (A) in subsection (a)--
       (i) in paragraph (2)--

       (I) by striking ``He'' and inserting ``The Secretary of 
     Homeland Security''; and
       (II) by striking ``of the Service.'' and inserting ``of the 
     Department of Homeland Security relating to the powers, 
     functions, and duties conferred upon the Secretary by this 
     Act and all other laws relating to the immigration and 
     naturalization of aliens.'';

       (ii) in paragraph (3)--

       (I) by striking ``He'' and inserting ``The Secretary of 
     Homeland Security'';
       (II) by striking ``he deems'' and inserting ``the Secretary 
     deems''; and
       (III) by striking ``his authority'' and inserting ``the 
     Secretary's authority'';

       (iii) in paragraph (4)--

       (I) by striking ``He'' and inserting ``Except as otherwise 
     provided by law, the Secretary of Homeland Security'';
       (II) by striking ``the Service or the Department of 
     Justice'' and inserting ``the Department of Homeland 
     Security''; and
       (III) by striking ``employee of the Service.'' and 
     inserting ``employee of the Department.'';

       (iv) in paragraph (5)--

       (I) by striking ``He'' and inserting ``Except as otherwise 
     provided by law, the Secretary of Homeland Security'';
       (II) by striking ``in his discretion,'' and inserting ``in 
     the Secretary's discretion,''; and
       (III) by striking ``such number of employees of the Service 
     as to him shall appear necessary and proper.'' and inserting 
     ``such number of employees of the Department of Homeland 
     Security as shall appear necessary and proper to the 
     Secretary.'';

       (v) in paragraph (6)--

       (I) by striking ``He'' and inserting ``The Secretary of 
     Homeland Security''; and
       (II) by striking ``of the Service.'' and inserting ``of the 
     Department of Homeland Security.'';

       (vi) in paragraph (7)--

       (I) by striking ``He'' and inserting ``The Secretary of 
     Homeland Security'';
       (II) by striking ``of the Service'' each place such term 
     appears and inserting ``of the Department of Homeland 
     Security'';
       (III) by striking ``he may,'' and inserting ``the Secretary 
     of Homeland Security may,''; and
       (IV) by striking ``in his judgment'' and inserting ``in the 
     Secretary's judgment'';

       (vii) in paragraph (8), by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security'';
       (viii) in paragraph (10) (as redesignated by section 1102 
     of the Homeland Security Act of 2002)--

       (I) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (II) by striking ``of the Service.'' and inserting ``of the 
     Department.''; and

       (ix) in paragraph (11) (as so redesignated)--

       (I) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (II) by striking ``by the Service'' each place such term 
     appears and inserting ``by the Department'';

       (B) in subsection (b), by striking ``Attorney General'' 
     each place such term appears and inserting ``Secretary of 
     Homeland Security'';
       (C) by amending subsection (c) to read as follows:
       ``(c) The Secretary of Homeland Security may enter into 
     cooperative agreements with State and local law enforcement 
     agencies for the purpose of assisting in the enforcement of 
     the immigration laws.'';
       (D) in subsection (d), by striking ``The Commissioner,'' 
     and inserting ``The Secretary of Homeland Security,'';
       (E) in subsection (e)--
       (i) by striking ``The Commissioner'' and inserting ``The 
     Secretary of Homeland Security''; and
       (ii) by striking ``district office of the Service'' and 
     inserting ``field office of the Department of Homeland 
     Security''; and
       (F) in subsection (f)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security'';
       (ii) by striking ``of the Immigration and Naturalization 
     Service'' and inserting ``of the Directorate of Border and 
     Transportation Security of the Department of Homeland 
     Security''; and
       (iii) by striking ``the functions of the Service,'' and 
     inserting ``the functions of the Directorate,''.
       (2) Section 287(g).--Section 287(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1357(g)) is amended by striking 
     ``Attorney

[[Page H5728]]

     General'' each place such term appears and inserting 
     ``Secretary of Homeland Security''.
       (c) Clerical Amendments.--
       (1) Homeland security act.--The table of contents in 
     section 1(b) of the Homeland Security Act of 2002 (Public Law 
     107-296; 116 Stat. 2135) is amended by inserting after the 
     item relating to section 1103 the following:

``Sec. 1104. Effective date.''.

       (2) Immigration and nationality act.--The table of contents 
     of the Immigration and Nationality Act is amended by amending 
     the item relating to section 103 to read as follows:

``Sec. 103. Powers and duties of the Secretary of Homeland Security and 
              the Attorney General.''.

       (d) Construction.--The amendments made by this section 
     shall not be construed to repeal, or limit the applicability 
     of, section 456, 462(e), 1512(d), or 1517 of the Homeland 
     Security Act of 2002, or any other similar provision 
     pertaining to the treatment of references in law, with 
     respect to any provision of law that is not amended by this 
     section.

     SEC. 8. EFFECTIVE DATE OF MODIFICATIONS TO REORGANIZATION 
                   PLAN.

       Section 1502(d) of the Homeland Security Act of 2002 
     (Public Law 107-296; 6 U.S.C. 542(d)) is amended by striking 
     ``subsection (d)'' each place it appears and inserting 
     ``subsection (c)''.

     SEC. 9. REPORT ON WAR RISK INSURANCE FOR AIR CARRIERS.

       Section 1204 of the Homeland Security Act of 2002 (116 
     Stat. 2287) is amended--
       (1) by redesignating subparagraphs (A) through (C) as 
     paragraphs (1) through (3), respectively, and by moving the 
     text of such paragraphs 2 ems to the left;
       (2) in the matter preceding paragraph (1) (as so 
     redesignated) by striking ``Secretary'' and inserting 
     ``Secretary of Transportation''; and
       (3) in paragraph (3) (as so redesignated) by striking 
     ``Department'' and inserting ``Department of 
     Transportation''.

     SEC. 10. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-
                   LETHAL WEAPONS.

       Section 1405(a) of the Homeland Security Act of 2002 (116 
     Stat. 2307) is amended by striking ``section 6 of this Act'' 
     and inserting ``section 1406 of this Act''.

     SEC. 11. REQUIREMENT TO SUBMIT REPORTS AND NOTIFICATIONS TO 
                   SELECT COMMITTEE.

       (a) Requirement.--The Homeland Security Act of 2002 (Public 
     Law 107-296) is amended by inserting after section 4 the 
     following:

     ``SEC. 5. REQUIREMENT TO SUBMIT REPORTS AND NOTIFICATIONS TO 
                   SELECT COMMITTEE ON HOMELAND SECURITY.

       ``In any case in which a report or notification is required 
     by this Act or an amendment made by this Act to be submitted 
     to the Congress or to a Committee of the Congress, such 
     report shall also be submitted to the Select Committee on 
     Homeland Security of the House of Representatives.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296) is amended by inserting after the item relating to 
     section 4 the following:

``Sec. 5. Requirement to submit reports and notifications to Select 
              Committee on Homeland Security.''.

     SEC. 12. CLARIFICATION OF REPORTING REQUIREMENT CONCERNING 
                   ELECTRONIC COMMUNICATIONS PRIVACY ACT EMERGENCY 
                   DISCLOSURE EXCEPTION.

       Section 225(d)(2) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2157) is amended by striking 
     ``2702(b) of title 18, United States Code,'' and inserting 
     ``2702(b)(7) of title 18, United States Code (as added by 
     paragraph (1)(D)),''.

     SEC. 13. EFFECTIVE DATE.

       The amendments made by this Act shall take effect as if 
     included in the enactment of the Homeland Security Act of 
     2002 (Public Law 107-296).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Cox) and the gentleman from Texas (Mr. Turner) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Cox).
  Mr. COX. Mr. Speaker, I yield myself 5 minutes.
  Mr. Speaker, I want to thank my friend, the gentleman from Texas (Mr. 
Turner), the ranking minority member of the Select Committee on 
Homeland Security, and the rest of the committee members for devoting 
their time and energy to the important work of this committee. I rise 
today in support of H.R. 1416, which amends the Homeland Security Act.
  Mr. Speaker, the broad bipartisan support given to this bill 
exemplifies the collaborative nature of our committee. This committee 
is united in its mission to provide aggressive oversight of the 
Department of Homeland Security and to ensure the full implementation 
of the Homeland Security Act. When President Bush called on Congress to 
create the Department of Homeland Security last year, the goal was to 
create a more secure America. By putting one department in charge of 
scores of agencies and programs, we can better protect our country, we 
can protect our critical infrastructure, and, most importantly, we can 
protect the American people.
  Congress proved it was up to the challenge. In a display of 
bipartisan cooperation, in only 5 months Congress delivered to the 
President's desk for signature the 187-page Homeland Security Act of 
2002. This law authorized the most comprehensive reorganization of the 
Federal executive branch since the creation of the Department of 
Defense in 1947. The act clearly laid out goals of the Department of 
Homeland Security: The prevention of another terrorist attack, the 
protection of our critical national infrastructure, and preparedness in 
the event we cannot prevent attacks on our domestic territory.
  Key to this is our ability to collect, analyze and use timely and 
accurate intelligence information. This lies at the heart of the 
primary mission of preventing another terrorist attack. What we do not 
know empowers our enemies, but what we do know will help defeat them. 
By properly understanding the threats that confront us, we can better 
allocate our resources, and we can focus our security efforts where 
they are most needed, where the risks and potential consequences of 
attacks are greatest.
  The Department of Homeland Security must analyze information quickly 
and reliably so that it can martial its own resources as needed and, 
more importantly, it must also transmit that information to those on 
the front lines, our State and local law enforcement and first 
responders, who protect us and our critical infrastructure.
  The Homeland Security Committee has been overseeing the Department's 
early efforts to achieve this critical intelligence capability mandated 
by the Homeland Security Act and we will continue to do so. This 
committee and the Department of Homeland Security are also working 
together to ensure that a comprehensive security plan is in place to 
make the best use of intelligence. Critical elements of this security 
plan include a layered defense, effective border security, thorough 
passenger and baggage screening at America's airports, and a rigorous 
inspection process to keep would-be terrorists and their weapons out of 
the country.
  Our first responders must also have the best information about 
pending threats as well as the training and the tools to respond to any 
disasters if they were to occur. The Homeland Security Act laid out a 
vision of a more secure America, which is now being realized through 
the efforts of the Department of Homeland Security working in concert 
with other Federal agencies, State and local governments, private 
industry, charitable organizations, community centers, and private 
citizens. Secretary Ridge and his staff are working diligently to 
coordinate these efforts and to complete this mission, a mission that 
is as difficult as it is important. I thank Secretary Ridge for his 
leadership and for being willing to work very closely with the Homeland 
Security Committee in the House during the act's implementation.
  The legislation we are considering today is in itself an important 
aspect of the act's implementation. Congress' desire to expedite the 
creation of this important department meant that minor errors were made 
and certain details were omitted from the Homeland Security Act. As a 
result, my fellow Members and I felt that one of the first orders of 
business of the Homeland Security Committee in the current Congress 
should be to honor the original intentions of the drafters by making 
certain corrections to the act so that it can be properly implemented. 
Today's legislation successfully fills in the cracks created by the 
speedy construction of the Homeland Security Act and strengthens the 
legislation which is already helping the United States win the war on 
terror.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TURNER of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 1416, the Homeland 
Security Technical Corrections Act, and I first want to thank the 
chairman, the gentleman from California (Mr. Cox), for

[[Page H5729]]

his leadership of our new Select Committee on Homeland Security.
  The legislation before us is a product of the bipartisan cooperation 
that we have on that committee. It has been a pleasure to work with the 
chairman. I know that all of our members who serve on that important 
select committee feel the same dedication that the chairman and I do to 
accomplishing the task of protecting America and to do it in a way that 
moves us forward in a more rapid and stronger way.
  The select committee, of course, has been in business for just a few 
months, and no business is more important than the work of the House 
Select Committee on Homeland Security. We have quickly discovered that 
when it comes to doing all we can to protect America, our needs are 
indeed very great.
  Mr. Speaker, we are, as we all know, involved in a great struggle: 
The war against international terrorism. It is not a war we sought, it 
is not a war we started, but it is a war that we must and we will 
finish. Mr. Speaker, we must move faster in some very critical areas. 
We must do a better job in determining how to meet the threat posed by 
international terrorism.
  The testimony before our committee from some high officials in the 
Department of Homeland Security revealed to us that there are only 21 
analysts matching intelligence on threats with our vulnerabilities and 
then recommending protective action. This critical area of the 
Department of Homeland Security, the responsibility which is housed 
within the Office of Information Analysis, has been the subject of 
scrutiny by our select committee, and both sides of the aisle have 
expressed concern about the lack of full functioning of that particular 
entity, which in many ways is the nerve center of the Department of 
Homeland Security.
  It is perhaps the most important new addition that this Congress 
provided in the Homeland Security Act of 2002, to place within that 
department the responsibility for gathering the threat information and 
matching it against our vulnerabilities, and then using that 
information to direct the entire activities of the 22 agencies that 
were merged into that new department, and to further take that 
information, of matching threat against vulnerability, and providing it 
to our States and our local entities so that they will know how to 
protect their communities against the threat of terrorism.
  We also learned in our committee, during a hearing on Project 
BioShield, that this very same Office of Information Analysis has to 
date only one, only one person dedicated to responding to the 
bioterrorist threat. Our committee, in a bipartisan hearing, shared our 
mutual concern for the failure to get that particular activity within 
that Office of Information Analysis functioning in a way that it must 
function in order to carry out the purpose and intent of the Project 
BioShield legislation that we will be considering on this floor in just 
a few days.

                              {time}  1100

  Mr. Speaker, I believe it is clear that all of us understand that we 
must move faster to ensure that this critical function of this 
Department is in place, up and running as soon as possible. It has 
become very clear that we as a Nation need to make the same commitment 
to the protection of our homeland as we made to securing victory in 
Afghanistan and Iraq. This Congress made sure that our 220,000 troops 
that fought in Operation Iraqi Freedom were supported by the best 
equipment and training in the world; and the cost of that battle, 
according to the appropriations made by this body, will approach $65 
billion.
  Today, to secure America from the threat of terrorism, the Coast 
Guard has plans to review security for 4,400 port facilities and over 
10,000 ships that enter our waters, and yet this Congress has yet to 
make the commitment to make sure that the funds are there to get the 
threat assessments done that are required to carry out that important 
responsibility. We must move faster.
  Today we have only one person on guard for every 16 miles on our 
northern border. The PATRIOT Act called for the tripling of our forces 
on our northern border to close the gaps on our northern frontier. The 
resources have not yet been committed to deploy the 1,800 border 
personnel needed to enhance our security. We must do better, and we 
must move faster.
  Today, we know that half of the firefighters' shifts across our 
Nation that will be the first called upon to respond to a terrorist 
attack lack the necessary communications equipment to deploy in the 
field so as to be able to talk to one another and to the other agencies 
that would be responding in the event of a terrorist attack. We must do 
better, and we must move faster.
  Mr. Speaker, we have many challenges ahead of us, but I am confident 
that this legislation is but a first step in moving us forward as a 
Nation to be sure that we do everything necessary to be sure that every 
American can know that they will be safe and secure in their 
communities.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COX. Mr. Speaker, I yield 2 minutes to the gentleman from 
Michigan (Mr. Camp), the chairman of the Subcommittee on Borders and 
Infrastructure.
  Mr. CAMP. Mr. Speaker, I rise in support of H.R. 1416, the Homeland 
Security Technical Corrections Act of 2003. This bipartisan bill makes 
grammatical and technical changes to the Homeland Security Act of 2002.
  The Department of Homeland Security, the product of the Homeland 
Security Act, has existed for a little more than 100 days. The Homeland 
Security Act brought together a number of Federal agencies with 
homeland security functions into one collaborative effort, joining 
resources, information and missions to defend our Nation.
  Protecting our Nation from attack requires strengthening our border 
defenses. We must know who and what is passing through our country. The 
American people deserve this level of security. Utilizing technology 
advancements, we can monitor individuals and intelligently screen cargo 
without delaying legitimate trade and travel. Cross-border commerce is 
critical to the American economy. Trade with Canada and Mexico, our 
country's top trading partners, is growing at a rapid pace with almost 
$1.4 billion crossing the northern border every day; and with more than 
$250 billion in trade per year with Mexico, our Nation cannot lose 
sight of the vital importance of the uninterrupted flow of trade as new 
policies for border security are pursued. Security and commerce are not 
mutually exclusive goals.
  Since the Department of Homeland Security was officially created, 
coordination between border security agencies has definitely improved. 
Twenty-four hours a day, American citizens are patrolling our borders, 
searching cargo, and checking individual travelers. This is not new 
since September 11, 2001; however, we are now acutely aware of the 
threat to our Nation and people and have stepped up our response by 
uniting our security functions. As the new Department continues 
integrating and organizing, there are certain areas that the Federal 
Government needs to address.
  As chairman of the Subcommittee on Border and Infrastructure of the 
Select Committee on Homeland Security, I look forward to working with 
the gentleman from California (Mr. Cox) and the Department of Homeland 
Security to address security along our Nation's borders, over 300 ports 
of entry, and to better protect our critical infrastructure. As 
Congress continues to assist the new Department in meeting obligations 
in the act, I would like to thank the gentleman from California (Mr. 
Cox) for bringing this technical corrections bill to the floor and for 
his leadership, and reiterate my support for H.R. 1416.
  Mr. TURNER of Texas. Mr. Speaker, I yield 5 minutes to the 
gentlewoman from California (Ms. Loretta Sanchez), who is the ranking 
member of the Subcommittee on Borders and Critical Infrastructure.
  Ms. LORETTA SANCHEZ of California. Mr. Speaker, I rise today to talk 
about H.R. 1416, the Homeland Security Technical Corrections Act. I 
would like to commend our chairman, the gentleman from California (Mr. 
Cox), for his leadership and stewardship, and also, of course, the 
gentleman from Texas (Mr. Turner) for the stewardship that they have on 
this new Select Committee on Homeland Security and for their efforts to 
push this bill and to get it included on the suspension calendar.

[[Page H5730]]

  H.R. 1416 is a historic bill because it is the first bill that our 
committee, the Select Committee on Homeland Security, will do. I trust 
that it is going to be the first of many bills that this committee will 
work on in a very bipartisan manner as we continue to tackle the many 
difficult issues surrounding homeland security.
  Over the last month, members of our committee worked very diligently 
to look at the oversight function through a number of informative 
hearings and briefings. Unfortunately, however, the message is all too 
often the same: the Department of Homeland Security is not moving fast 
enough to fill the gaps that exist in so many areas of homeland 
security.
  H.R. 1416 comes to the floor on the heels of a select committee 
delegation trip and field hearing in Southern California just this past 
weekend. The hearing focus was on one specific aspect of homeland 
security, port security. Our ports are one of the most vulnerable 
threat risks in our Nation, and we need to provide the means and 
resources for adequate security.
  Every year, more than 4 million cargo containers accounting for 35 
percent of all the U.S. international trade passes through the ports of 
Los Angeles and Long Beach. Over the weekend we saw for ourselves just 
how important this port is to economic and trade commerce issues for 
the United States and the global economy. And the message that we 
received from Southern California witnesses involved in port security 
was familiar to all of us because we had heard it from other witnesses 
in other areas of homeland security: they are understaffed, they are 
underequipped, and they are underfunded.
  Members of the Coast Guard told us they have not received the funding 
that they need for basic security upgrades. The United States Customs 
Inspector Program is understaffed, and employees that are there do not 
have the equipment that they need to adequately secure and check the 
containers, and resources needed are just the beginning of the problem 
that we saw at our ports. We heard from the sheriffs from both Los 
Angeles and Orange counties who are in desperate need of funding, 
especially Orange County, because unlike Los Angeles, we are not 
considered a high threat urban area and because funding of one of our 
most costly expenditures, personnel costs, simply does not exist at 
this point. They told us they have not seen any of the money that they 
were promised to cover personnel and other costs. The funds simply are 
not getting through the pipeline down to the local level.
  In my community, the city of Anaheim where Disneyland is located, our 
police department spends over $20,000 every day that we go from yellow 
to orange alert just on our police department. If we go to red alert, 
it is double that, almost $40,000 additional money every day; and yet 
we have not helped at the Federal level to get that money down to them. 
It does not include equipment that they need, supplies, the fire 
department personnel or personnel at the emergency operations center, 
and then there are other costs to consider also.
  For instance, the Joint Terrorism Task Force that has been set up and 
is very effective in sharing intelligence and information between FBI 
and CIA and the local law enforcement agencies, the State of 
California, they want to participate in that and they do, but at their 
own costs. The city of Anaheim, at its own cost; the city of Santa Ana, 
at their own cost; the County of Orange, at their own cost.
  Our first responders do not have the necessary resources to allow 
them to dedicate a few of their personnel to these effective anti-
terrorism programs. This is a striking example of good solutions that 
exist where there are no resources to adequately implement them. The 
Department of Homeland Security has done a decent job in outlining what 
its mission is. However, we need to move quickly and forcefully to 
achieve that mission. The Department has a number of programs in place 
to improve homeland security. But so far the first responders, the 
people right at street level, handling information, trying to 
understand what is happening, trying to stop things from happening, and 
God forbid having to react to what happens, they have not seen the 
information they need nor the resources they need; and I hope that this 
is not just the first piece of legislation that our committee does, but 
that we continue our oversight function and our program function to get 
this done.
  Mr. COX. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Washington (Ms. Dunn), the vice chairman of the Select Committee on 
Homeland Security.
  Ms. DUNN. Mr. Speaker, every morning 180,000 of our fellow citizens 
go to work with one main thing on their mind, to prepare, to prevent 
and to respond to a potential terrorist attack in the United States. 
These people work for one of the 22 agencies that have been brought 
together under the umbrella of the Department of Homeland Security.
  Homeland security has new meaning since September 11. We can no 
longer assume that we will be protected from terrorist acts. We now 
live in a world where we must prepare for possible attacks. For this 
reason, I was proud to support the President's request for the creation 
of a Department of Homeland Security that is solely focused, with a 
very laser-like focus, on the prevention and protection from terrorist 
attacks in this country.
  Since its inception on January 24, 2003, the Department of Homeland 
Security has made significant strides in protecting the country from 
terrorist attacks. Let me give a few examples. In March 2003, the 
Department opened its door and then it launched Operation Liberty 
Shield, the first comprehensive national plan to increase protections 
of American citizens and national infrastructure. Homeland security 
funding has increased over 1,000 percent from fiscal year 2001 to 
fiscal year 2004, and this has allowed States and localities to 
purchase new technologies and tools for first responders.
  Recently the Department ran TOPOFF II, a simulated exercise in 
Seattle and Chicago using large-scale weapons of mass destruction. 
Exercises like this are very important to provide first responders the 
experience needed to know when the decisions are going to be made, who 
is going to make these decisions, and how to handle our resources.
  While the Department of Homeland Security has had great success over 
the last 5 months, there are still many issues to be resolved. The 
House of Representatives took the appropriate steps at the beginning of 
the 108th Congress in establishing a Select Committee on Homeland 
Security to help Secretary Ridge in guiding and overseeing the newly 
created Department. As with all Federal agencies, it is very important 
to hold this large Department accountable to the people we represent. 
The Select Committee on Homeland Security will act as the people's 
voice to focus attention toward our security. It will listen to the 
first responders, it will find a better way to get the millions of 
dollars that have already been allocated and should have been already 
received by first responders, such as $45 million in grants allocated 
to the State of California, but not received by their first responders. 
We need to help solve this problem.
  It will be a focal point between Congress and the administration to 
coordinate the necessary resources to best defend our Nation. I look 
forward to continuing to work with the gentleman from California (Mr. 
Cox) and other members of our committee to develop legislation and 
provide oversight that will aid the Department of Homeland Security in 
their mission to prepare, prevent, and respond to a terrorist attack to 
protect our constituents all over the country.
  Mr. TURNER of Texas. Mr. Speaker, I yield 5 minutes to the gentleman 
from New Jersey (Mr. Andrews), a member of the Select Committee on 
Homeland Security.
  (Mr. ANDREWS asked and was given permission to revise and extend his 
remarks.)

                              {time}  1115

  Mr. ANDREWS. Mr. Speaker, I thank my friend from Texas for yielding 
me this time. I would like to congratulate and thank the gentleman from 
California (Mr. Cox) and the gentleman from Texas (Mr. Turner) for 
their leadership in bringing the first of what I hope is a series of 
bipartisan bills to the floor that will improve our country's homeland 
security. There is much

[[Page H5731]]

work to be done. In each area that comprises homeland security, the 
work of this committee thus far has uncovered significant weaknesses 
and deficiencies that our country must resolve.
  Homeland security first is the matter of knowing who is outside the 
fence of our home who is trying to do us harm, and that principally is 
a matter of diplomacy and intelligence. I frankly was dismayed to hear 
in recent weeks the testimony about the chaotic and dysfunctional 
relationship between the Department of Homeland Security and the 
various intelligence agencies. You cannot stop someone from attacking 
America if you do not know that they are trying to do it. This is an 
urgent problem that needs our attention.
  The second aspect of homeland security is building the highest and 
strongest wall that we can build around our country. There is 
significant progress that has been made here. I especially commend the 
gentleman from Texas (Mr. Thornberry), chairman of the Subcommittee on 
Cybersecurity, and the gentlewoman from California (Ms. Lofgren), who I 
think have very correctly focused on the risk to the country in the 
cybersecurity area.
  But there are many more areas that need to be pursued. I would echo 
what the gentlewoman from California (Ms. Loretta Sanchez) said a few 
minutes ago. The front line soldiers in making that wall as high and 
strong as possible are America's first responders, our police, our 
fire, our emergency services personnel. Later today, the House will 
consider a homeland security appropriations bill that does more for 
those first responders than has ever been done before in the history of 
the Federal Government. It is not nearly enough. It is not happening 
nearly soon enough. I know there will be some discussion under the 
appropriations bill about the wisdom of trading off over $2 trillion 
worth of tax cuts for more urgent and necessary help for these first 
responders. I think we should have chosen to help the first responders, 
and I think that is an area of debate that should be explored as the 
committee goes forward.
  The third area of homeland security is the question of chain of 
command and allocation of responsibility when we have a terrorist 
attack that is imminent or ongoing. There is chaos and dysfunction in 
this area as well. Because everyone is in charge of an ongoing attack, 
no one is in charge of defending against an ongoing attack. The Select 
Committee on Homeland Security, working together with the Committee on 
Armed Services and other relevant committees, needs to think about who 
would be in charge in America this morning if, God forbid, our 
President received word that a terrorist attack was happening right 
now, who reports to whom, who is in charge of whom, and who is 
responsible for what. This is an area that is unexplored and 
dysfunctional at the present time.
  Finally, homeland security is a matter of response. It is a matter of 
the immediate aftermath of an attack. One of the most impressive things 
about September 11 was how the first responders and other responders 
reacted to the tragedies in New York and in Virginia and Pennsylvania, 
because in many ways they were making it up as they went along. They 
did not have the contingency plans, they did not have the equipment, 
they did not have the training. They did a heroic and spectacular job. 
One of the least impressive things about our country's preparations in 
homeland security is how still relatively unprepared we are for that 
immediate aftermath. Questions about taxing the public health system, 
questions about evacuation plans, questions of coordination and joint 
services agreements among municipalities, counties and States still 
need to be worked out.
  This is a bipartisan mission of national urgency. I am encouraged 
that the committee has worked together on this technical corrections 
bill. I fully support it. But if this is all we do and if this is as 
far as we go, then the deficiencies that I pointed out this morning 
will come back to haunt us. That benefits no one; that jeopardizes 
everyone. I hope that we will work together in the months and years to 
come to strengthen ourselves so we never again live another nightmare 
like this country did on the 11th of September, 2001.
  Mr. TURNER of Texas. Mr. Speaker, I yield 3 minutes to the gentleman 
from Washington (Mr. Dicks).
  Mr. DICKS. Mr. Speaker, I thank the gentleman from Texas for yielding 
me this time. I want to commend the chairman and Mr. Turner for the 
work that has gone on on this particular legislation; and I want to 
rise, too, to raise my concerns about this whole homeland security 
effort. I have had several meetings with Tim Lowenberg, the head of the 
National Guard in Washington State and Governor Locke's coordinator for 
homeland security. We have discussed on two or three occasions our 
mutual concerns about the resources getting back to those first 
responders in the State of Washington. In fact, I have contacted my 
fire department and police department in Tacoma and in Bremerton, the 
two biggest cities in my district. I have convened a meeting of the 
officials, and very little of the money that Congress has authorized 
and appropriated has actually gotten back to those first responders. I 
think this is something we have got to get straightened out. The 
Congress has to get this straightened out. I also have been out to 
Northern Command. I regret that I could not be with the chairman on 
their recent trip twice now to talk to General Eberhart about the role 
that the military of the United States is going to play.
  As strange as it may seem, for many, many years we did not have a 
CINC that was in charge of protecting the United States. We took it for 
granted that somehow we were secure from an attack. That is one thing 
that 9-11 certainly did change. We now recognize the vulnerability of 
our country and the vulnerability of our infrastructure. I agree with 
the comments that I have heard here this morning. We need to continue 
to do more. We have got to get the private sector to protect its 
critical assets. We have got to work with them to make certain that 
they are doing it. The chemical industries, our nuclear reactors, our 
energy plants, the transmission lines for our power grids and 
facilities, all of these things have to have a plan for protection. The 
States have to have, I believe, an individual plan for their 
protection. So there is a lot of work that has to be done. I want to 
make the same plea.
  I worked with the gentleman from California (Mr. Cox) on a select 
committee on transfer of technology to China. I have great confidence 
in his leadership and in his willingness to take on a tough issue. But 
we have to have the courage in this body, this institution, to tell the 
administration when they are doing a good job, but also tell them when 
they are not doing enough. I worry that when you have the Council on 
Foreign Relations and the Brookings Institution taking independent 
looks at what has happened in the last 2 years since 9-11 and the 
conclusion is that not much has really changed, then we in this body 
have a responsibility to make certain that the job, in fact, is getting 
done. Let us continue to work on a bipartisan basis, but let us make 
sure the job is getting done.
  Mr. COX. Mr. Speaker, I yield 2 minutes to the gentleman from Texas 
(Mr. Thornberry), the chairman of the select committee's Subcommittee 
on Cybersecurity, Science, and Research and Development.
  Mr. THORNBERRY. Mr. Speaker, I appreciate the chairman yielding me 
this time, and I rise in support of this technical corrections bill. I 
also want to acknowledge that there is a lot of work left to be done. 
We will not make our country as secure as it needs to be in just a few 
short weeks, months or possibly even years. It is tempting for us in 
the Congress to think that if we can just pass a bill or we can spend 
more money, then we will have solved the problem. That is probably not 
true with most problems. It is particularly not true here. In fact, I 
have said that if we spend the whole Federal budget on something called 
homeland security, we will still not have eliminated the terrorist 
threat to the United States.
  Instead, we have to do it the harder way. We have to really 
understand the problems, we have to set priorities, and we have to have 
the sense of urgency that is required coupled with a thoughtfulness 
that indicates that we are really doing the right thing. There is a 
tension there that I think a lot of us on both sides of the aisle feel.

[[Page H5732]]

  In our Subcommittee on Cybersecurity, Science, and Research and 
Development, we are focusing partly on technologies, so that we can 
identify technologies that have been developed and encourage them to be 
fielded quickly so that we can be safer quickly. And then in addition, 
we can research those areas where technologies have not yet been 
developed where there is a need. We will focus on the cyber threat. We 
are having a hearing, for example, this week to try to understand the 
nature of the threat, also our vulnerabilities and the appropriate role 
of the Federal Government. We are interested in the information 
technology of the Department itself, because whether we are focused on 
the borders or in many other aspects of guarding our homeland, having 
good information technology, where the databases communicate with each 
other, that are user friendly but also secure is a key part of the 
challenge that faces this Department.
  Mr. Speaker, to be successful there has to be partnerships involved, 
partnerships across the aisle, partnerships with the administration, 
partnerships with the private sector. I look forward to working with 
all my colleagues to develop those partnerships and to be successful.
  Mr. COX. Mr. Speaker, I yield 2 minutes to the gentleman from Arizona 
(Mr. Shadegg), the chairman of the Subcommittee on Emergency 
Preparedness and Response.
  Mr. SHADEGG. Mr. Speaker, I thank the gentleman for yielding me this 
time. I rise in strong support of H.R. 1416, the Homeland Security 
Technical Corrections Act. Today's bill represents our committee's 
first adjustment of the Homeland Security Act. As we have been 
examining some of the issues pertinent to homeland security, it will be 
necessary to make other changes to the act in order to provide clearer 
counsel to the Department as it undertakes its massive new 
responsibilities. For example, on my Subcommittee on Emergency 
Preparedness and Response, we have discovered that while the 
Department's main mission is to prevent terrorist attacks against the 
United States, the law fails to rest the specific responsibility for 
preventing such attacks with any one of the four directorates; and 
therefore it is unclear which of those directorates is in charge of 
this most critical mission. Other examples of how and where fine tuning 
of the statute is needed will arise as we do our work, and we will act 
to improve the law.
  Mr. Speaker, the Department of Homeland Security became a reality 
just in March. It represents the largest reorganization of the Federal 
Government since World War II. This is truly a herculean task, but the 
Department has taken some important steps to assist our Nation's 
readiness for emergencies. $566 million has been made available to the 
States and the cities from the fiscal year 2003 budget to assist first 
responders in the form of funding for equipment, training, planning and 
exercises. $750 million has been made available for firefighter 
assistance grants from the fiscal year 2003 budget to help rural, urban 
and suburban fire departments better train, prepare and equip 
themselves. On April 30, $1.5 billion was made available to States and 
localities from the fiscal year 2003 supplemental budget to help State 
and local law enforcement personnel pay for equipment, training and 
exercises and to offset the costs associated with enhanced security 
measures deployed during heightened periods of threat. On May 14, $700 
million was allocated from the fiscal year 2003 supplemental budget as 
part of the urban area security initiative for 30 cities and their 
contiguous counties and mutual aid partners to enhance the security of 
urban areas with high-density populations.
  I rise in strong support of this legislation. I thank the chairman 
for bringing it forward. I look forward to working to make our Nation 
more secure.
  Mr. COX. Mr. Speaker, I yield 2 minutes to the gentleman from Nevada 
(Mr. Gibbons), the chairman of the Subcommittee on Intelligence and 
Counterterrorism.
  (Mr. GIBBONS asked and was given permission to revise and extend his 
remarks.)
  Mr. GIBBONS. Mr. Speaker, I thank the gentleman from California for 
yielding me this time. I rise in support of H.R. 1416, the technical 
corrections bill for the Homeland Security Act. Mr. Speaker, following 
the events of September 11, 2001, our Nation began the most significant 
reorganization of the Federal Government since 1947, all in an effort 
to better protect America from terrorist attacks. The Department of 
Homeland Security was founded in an effort to create a centralized 
authority capable of streamlining and harmonizing our country's 
domestic security.
  One of the clearest lessons learned from the tragic events of 
September 11 was the need for our intelligence and security agencies to 
share information and unify their efforts to the most feasible extent 
possible. Tasked with meeting this challenge is the Department of 
Homeland Security's directorate of information analysis and 
infrastructure protection, commonly known as the IAIP. H.R. 1416 will 
help the directorate achieve the goal of information-sharing.
  The Homeland Security Act established the IAIP as a critical 
component in providing comprehensive threat analysis and management 
capacity to our Nation and will serve as the primary focal point for 
intelligence-sharing and analysis related to domestic security.

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