[Congressional Record Volume 150, Number 22 (Thursday, February 26, 2004)]
[House]
[Pages H673-H676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               AMERICA AT RISK: CLOSING THE SECURITY GAP

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 7, 2003, the gentleman from Texas (Mr. Turner) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. TURNER of Texas. Mr. Speaker, I yield to the distinguished 
gentleman from South Carolina (Mr. Clyburn), the vice chairman of the 
Democratic Caucus.


                      The Matthew Perry Courthouse

  Mr. CLYBURN. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I failed last evening to make this statement, which I 
thought was very important to me during Black History Month, because of 
a little appointment I had with the dentist. So I

[[Page H674]]

am pleased that the gentleman yielded to me today.
  Mr. Speaker, when I first came to Congress 11 years ago, the very 
first piece of legislation I introduced was to name the Federal 
courthouse proposed for Columbia, South Carolina, in honor of Judge 
Matthew J. Perry, Jr. Some of my friends and colleagues cautioned me 
that the time was not quite right for such a bold initiative, and 
others counseled me that the thought bordered on naivete. But I had 
read and taken to heart Martin Luther King, Jr.'s letter from the 
Birmingham city jail.
  In that timeless document, Dr. King addressed the rightness of time. 
King wrote that ``time is neutral. Time is never right and time is 
never wrong.'' He opined in that letter that ``the people of ill will 
in our society seem to make much better use of time than the people of 
goodwill.'' And he went on to write that ``we are going to be made to 
repent in this generation not just for the vitriolic words and deeds of 
bad people, but for the appalling silence of good people.'' I felt, 
therefore, that even if it were not time for such to be done, it was 
certainly time for silence on the subject to be broken. It has been a 
long time coming, but I am proud to say that the Matthew J. Perry, Jr. 
United States Courthouse will be officially dedicated on April 23, 
2004.
  Today, like every day for the past 25 years, Judge Matthew J. Perry 
walked into his office in the Federal courthouse in Columbia, South 
Carolina, to adjudicate cases according to Federal law. Today, he sits 
as a defender of the very Constitution that was once used to deny him 
and his forebears the right to attend his home State's law school or 
vote for those who made the laws. Today, Judge Perry is a stoic 
defender of ``liberty and justice for all'' that led him and all of 
South Carolina to this glorious time in our history.
  Born in a segregated society just a few miles from the building that 
now bears his name, Judge Perry's youth prepared him for a lifetime 
commitment to challenging injustice. Judge Perry was raised by a 
grandfather after his father died when he was 12 years old, and his 
mother left home to find work in New York as a seamstress. Despite his 
challenging childhood, he was determined to make a better life for 
himself and worked odd jobs to put himself through South Carolina State 
College.
  A defining moment in Matthew Perry's life came when he was drafted to 
serve in World War II. After finishing basic training in Alabama, he 
went to the train station to proudly return home as an American 
soldier. But he was turned away from the station's restaurant and 
forced to order food through a window as he watched foreign prisoners 
of war eating inside. Such injustice fueled the fire within this gentle 
man to return to South Carolina after the war and attend South Carolina 
State College's law school, which was established to avoid integrating 
the law school at the University of South Carolina.
  Upon graduation, he passed the State's newly implemented bar exam, 
which was adopted, in part, to impede blacks' membership in the South 
Carolina Bar. As a young black attorney, he took cases based on 
principle, not on payment. He became well known for his commitment to 
fighting for justice regardless of the personal costs and soon became 
the chief counsel of the South Carolina Conference of Branches of the 
NAACP.

                              {time}  1445

  Judge Perry argued many notable cases. He served as lead attorney in 
the successful litigation to integrate Clemson University in 1963. In 
1972, he won a tough reapportionment case which resulted in the 
creation of single member districts in South Carolina. He had a hand in 
almost every case that integrated South Carolina's public schools, 
hospitals, golf courses, restaurants, parks, playgrounds and beaches. 
He individually tried over 6,000 cases, and his work led to the release 
of some 7,000 people arrested for protesting various forms of 
segregation.
  I was one of those protestors that Matthew Perry so eloquently 
defended, after I was arrested with nearly 300 other students on a 
bitterly cold day in 1961. Matthew Perry chose me as his chief witness 
at the trial of Fields against South Carolina. He lost that case, as he 
did all of his cases at the magistrate level, and, with one exception, 
all were overturned on appeal. His perseverance was unmatched and his 
dedication undaunted.
  Judge Perry went on to become the first black lawyer from the Deep 
South to be appointed to a Federal bench when in 1976 he became a judge 
on the United States Military Court of Appeals here in Washington, D.C. 
Three years later, he returned home to become a United States District 
Judge for South Carolina, where he continues to serve today in senior 
status.
  Throughout the death threats and lean times that marked his early 
career, to today's achievements and accolades, Matthew's devoted wife 
Hallie has remained steadfastly by his side. The couple has one son 
Michael, a banker in Charlotte, North Carolina.
  The dedication of a United States courthouse in his honor in the 
shadow of his birthplace that was once cloaked in the scourge of 
segregation signals a new era in South Carolina, brought about in large 
measure by the dogged determination of Matthew Perry and his unbending 
faith that justice will prevail. His vision and veracity led him to 
challenge the Jim Crow laws of his time and succeeded in providing 
faith and hope to an entire generation of South Carolinians.
  Mr. Speaker, the motto of the State of South Carolina is, ``While I 
Breathe, I Hope.'' Our State's motto and our Nation's promise of life, 
liberty and the pursuit of happiness are reflected in the life 
experiences and work of Judge Matthew J. Perry, Jr., and I am pleased 
to be here today to enter into the record just a little synopsis of the 
life of this great South Carolinian and outstanding American.
  Mr. TURNER of Texas. Mr. Speaker, I rise today to speak on a very 
critical subject, the subject of homeland security. There is no 
responsibility of this Congress more important than the exercise of 
vigorous and thorough oversight in the area of homeland security. Just 
one year ago, the Congress created the Department of Homeland Security 
from 22 separate agencies of this Federal Government. Implementing the 
largest reorganization of the Federal Government in almost 50 years 
would be daunting enough, but given the urgency to prevent, to deter 
and to respond to terrorist attacks, and knowing that failure is never 
an option when dealing with terrorism, it is clear to me that the 
administration, that the new Department and its congressional 
overseers, face a challenge unlike any in our history before.
  A lack of leadership or focus, errors in prioritization or judgment, 
any of these can place thousands of American lives at risk. Poor 
management can result in a waste of taxpayer dollars as the new 
Department enters into multibillion-dollar contracts under pressure to 
get this critical job done.
  The Democrats on the Select Committee on Homeland Security, in 
exercising our responsibility for oversight, have produced a 135-page 
review of the Department of Homeland Security's activities during its 
first year. This document is entitled ``America at Risk: Closing the 
Security Gap.'' We have relied upon in preparation of this document our 
own independent investigations, our own research, as well as a wide 
range of expert opinion from throughout this country. This report 
highlights the very significant security gaps that still remain, and 
offers recommendations on how we can best go about closing these 
security gaps.
  From the very founding of our Nation, the very first charge of 
government is to provide security for the American people. The opening 
words of our Constitution call on us to provide for the common defense. 
We gather here today in the shadow of a grave and gathering threat to 
the safety and the security of the American people. Those who delivered 
the deadly blows against our Nation on September 11, 2001, are poised 
for further attacks against our homeland.
  Just days ago, Ayman al-Zawahari, the mastermind behind al Qaeda's 
operations and Osama bin Laden's closest confidant, threatened America 
once again. In an audiotape released to the Al Jazeera network, 
Zawahari had this to say: ``Bush, strengthen your defenses and your 
security measures, for the Muslim nation, which sent you the legion of 
New York and Washington,

[[Page H675]]

has determined to send you legion after legion seeking death and 
paradise.''
  Just last Tuesday the Director of the Central Intelligence Agency, 
George Tenet, confirmed the stark reality of the al Qaeda threat, 
saying before this Congress, ``Al Qaeda is still capable of 
catastrophic attacks against the United States.'' Director Tenet made 
the nature of the conflict with al Qaeda clear when he said, ``We are 
still at war against a movement that is not going away any time soon.''
  Mr. Speaker, we are at war, at war against a cruel and calculating 
foe who will not stop in its effort to deliver death and destruction to 
our shores, and we must do everything necessary to close those security 
gaps that make us vulnerable to terrorist attack, and we must move with 
the urgency of a Nation at war.
  That is why the Democratic Members of the House Select Committee on 
Homeland Security have chosen the first anniversary of the Department 
of Homeland Security to issue this report to the American people. We 
present a review of our defenses, and we propose recommendations to 
close the security gaps that make us vulnerable to attack.

  Mr. Speaker, we all understand that there is no responsibility of 
Congress more important than working to preserve the safety and 
security of every American. That requires this Select Committee on 
Homeland Security in this House to vigorously exercise our oversight 
responsibility. We know that we cannot afford to sleep while Rome 
burns.
  There are some who say on this first anniversary of the new 
Department that we are safer than we were before September 11, 2001. 
That is true. But that sets the bar way too low. The real question that 
we must ask today is, are we as safe as we need to be in light of the 
threats that we face? Unfortunately, the answer to that question is no.
  Our Nation remains vulnerable to potential catastrophic attacks 
involving nuclear, chemical, biological and radiological weapons. 
Pathways to the United States by land, sea and air are still insecure; 
our critical infrastructures have few defenses; and our communities are 
not as prepared as they need to be in the event of a terrorist attack. 
The results of our report, ``America at Risk: Closing the Security 
Gap,'' should serve as a call to action for this Nation.
  Mr. Speaker, I believe there are some key defenses that we must have 
in place to prevent a catastrophic attack on our country. To keep the 
terrorists away from our shores, we must develop a unified terrorist 
watch list, and we must focus on preventing the threat of nuclear, 
radiological, biological and chemical attacks against the American 
people.
  I would like to review for you just a few examples from this 135-page 
congressional oversight document which exposes the serious security 
gaps that we still have when it comes to protecting America from 
catastrophic attack.
  Two and one-half years after September 11, 2001, there is still not a 
unified terrorist watch list in this government, a list that must be 
available to help our agents stop all suspected targets at our borders. 
The promised completion date for a unified terrorist watch list has 
slipped four times. In the past 2 weeks alone the completion date that 
is projected by the Department for this project has slipped another 9 
months. We have the technology to create a unified terrorist watch 
list, but we need the focus and the discipline and the will to get this 
critical job done.
  Many other systems that we are putting in place to protect America 
will depend upon an accurate, effective, real-time unified terrorist 
watch list. It is hard to understand or explain how 2\1/2\ years after 
September 11 we still have not gotten this job done.
  Another example from this report of a security gap, millions of cargo 
and containers enter America every day and travel through our 
communities without having been screened for radiological and nuclear 
devices. This Congress has appropriated the funds to make sure cargo 
containers that enter our ports are free of nuclear material that could 
be used in a dirty bomb or a crude nuclear weapon, but the job is not 
yet done.
  There are at least 57 different countermeasures that are needed to 
defend against diseases that are the greatest threat of biological 
terror. Today only one of these countermeasures can be widely 
distributed, just one.
  Mr. Speaker, there is still no plan to secure the 123 chemical plants 
that we are told will threaten the lives of over 1 million people in 
the event of a massive breach of chemical containment due to terrorist 
attack. It remains an unassailable and uncomfortable fact that America 
is not as safe as it needs to be in the face of the threat of al Qaeda.
  Mr. Speaker, we must take stronger and faster action to close these 
security gaps. The men and women who patrol our borders, who inspect 
our cargo at our ports, who respond to emergencies are setting a high 
standard for excellence, but they must have the leadership and the 
support and the direction that they deserve. That is the responsibility 
of the leadership of this Congress and of the new Department of 
Homeland Security and of our President.
  On this, the first anniversary of the Department of Homeland 
Security, we should strive to regain that sense of urgency that we all 
had after September 11, 2001. We must have a renewed sense of purpose 
to close the security gaps which threaten the safety of the American 
people.
  I am confident that, working together, we can accomplish these goals. 
I am confident that America can look forward to a day when we have won 
the war on terror.

                              {time}  1500

  But it will not happen unless this Nation continues to press forward 
with a sense of urgency that we all know must exist when we are at war.
  Some have said, can we afford to protect America against the threat 
of terrorist attack? And there is no question that the cost of security 
has run to the billions of dollars. But the real question that we 
should be asking and that we should be willing to address is, can we 
afford not to close these security gaps? For the truth of the matter is 
that if we fail to close these security gaps and our terrorist enemies 
are successful in another catastrophic attack against our country, it 
will cost us far more than the cost of securing America.
  When I look at the level of spending for homeland defense, though it 
is large, it is important to put it in the context of the total Federal 
budget and the cost of our government. And when we examine the 
President's budget request for this upcoming fiscal year, which will be 
considered over the next few months by this Congress, we see that the 
President has asked for an increase in homeland security, new spending 
for the Department of Homeland Security that is equal to the amount of 
money that we spend every month in Iraq.
  Now, we know we must be successful in Iraq. We know that having 
committed, we cannot afford to fail to achieve the stability of that 
country and to achieve democracy for the people of Iraq. But when we 
recognize that we, in our own defense, have seen the President 
recommend increased spending for our own security here at home an 
amount of money equal to what we spend every month in Iraq, it causes 
one to ask, are we placing our priorities in the right place. Both are 
important, but most important is protecting the security of the 
American people here at home.
  I have the opportunity to receive briefings from time to time as the 
ranking member of the Select Committee on Homeland Security from our 
new Terrorist Threat Integration Center. I have the opportunity to look 
into the eyes of those CIA agents who daily have to listen to the 
threat reports from al Qaeda and other organizations against this 
country, and I can assure my colleagues that this country is at risk. 
And let there be no mistake about it: we must continue in our resolve 
to move faster and be stronger in protecting this country against the 
threat of al Qaeda and like-minded terrorist groups.
  One of the members of our committee, a freshman member, the gentleman 
from Florida (Mr. Meek), expressed it this way the other day. He said, 
spending on homeland security is like buying insurance. You can either

[[Page H676]]

pay the premium and get the insurance to protect you, or you can 
decline to pay the premium and face the risk of the consequences. This 
Nation remains at risk. We are engaged in a struggle unlike any in the 
history of this country, and we are facing an enemy that is driven by 
culture, by religion, by fanaticism, and that is intent upon doing harm 
to the people of our country. This threat is one that we must face head 
on. This threat is one that we must be sure that we prevail against. 
And this threat is one that we must be willing to pay the cost of.
  Mr. Speaker, it is my hope that every Member of Congress and the 
American people will join with us in regaining the sense of urgency 
that we have in making sure that we have done everything necessary to 
ensure the protection of the American people. I would urge every Member 
of this Congress and every listener to take a look at this report and 
its contents on the Web site of the Select Committee on Homeland 
Security. The Web address is www.house.gov/hsc/democrats/. Let me 
repeat that, Mr. Speaker: www.house.gov/hsc/democrats/.
  As my colleagues review this report, I think they will find that we 
as a Nation have a long way to go in being able to tell the American 
people that we are prepared enough to defend against, to prevent, to 
deter, and to respond to a catastrophic terrorist attack.
  Mr. Speaker, I hope that every Member of this Congress will join 
together in that same spirit that this Congress exhibited on September 
11 of 2001 when we gathered just outside of this Chamber on the steps 
of this Capitol and joined together in expressing our resolve to 
prevail against al Qaeda, expressing our commitment to do whatever is 
necessary to win, and joined together in singing ``God bless America.'' 
For the truth is, we are the greatest Nation that has ever existed on 
the face of the Earth. We have tremendous responsibilities in our 
leadership in this world, and we must do whatever is necessary to 
prevail in the war on terror.

                          ____________________