[Congressional Record Volume 154, Number 6 (Wednesday, January 16, 2008)]
[Extensions of Remarks]
[Pages E26-E27]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   THE DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS 
    APPROPRIATIONS ACT, 2008 (CONSOLIDATED APPROPRIATIONS ACT, 2008)

                                 ______
                                 

                               speech of

                        HON. BENNIE G. THOMPSON

                             of mississippi

                    in the house of representatives

                      Wednesday, December 19, 2007

  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise to speak in support 
of Department of Homeland Security FY 2008 Appropriations Bill which is 
part of the larger omnibus spending package, Amendment to the Senate 
amendment to H.R. 2764. Specifically, I want to note that the Democrats 
have done a better job at funding key homeland security programs, but 
as always, more needs to be done.
  As the first Democratic chairman of the Committee on Homeland 
Security, I am happy to note that the appropriated dollars will go a 
long way to implementing the recommendations of the 9/11 Commission 
which are codified in a bill I had the distinct honor of developing and 
steering toward passage--the Implementing Recommendations of the 9/11 
Commission Act of 2007, P.L. 110-53. I am also glad that the fiscal 
year 2008 appropriations for the Department of Homeland Security are 
fairly consistent with my eight-point plan--the ``Real Deal on Homeland 
Security.'' This 8-point plan is what I have used to develop key 
legislative and oversight initiatives aimed at ensuring that ours is a 
Nation that can flourish free from fear. In particular, the fiscal year 
2008 appropriations reflect the Real Deal in the following way:


 1. Improving the Functionality, Governance, and Accountability of the 
                    Department of Homeland Security

  The Department of Homeland Security FY 2008 appropriations bill 
provides $28.49 million for the Chief Procurement Officer which is 
$11.5 million above the enacted fiscal year 2007 level. This increase 
funding can help the office attract and retain experienced staff to 
manage procurements. The bill also provides a $108.7 million for the 
Office of Inspector General at the Department of Homeland Security, $6 
million above the enacted fiscal year 2007 level. It is also notable 
that the bill's Joint Explanatory Statement makes clear that Congress 
favors contracts awarded by full and open competition. The bill also 
acknowledges the operation of the Small Business Act and therefore does 
not adversely affect the award of contracts to small, minority and 
disadvantaged businesses. In addition, the bill requires the Inspector 
General to review contracts awarded by means other than full and open 
competition to determine compliance with the law. Finally, I am very 
pleased that the bill provides no funding for MAX-HR but rather 
provides $10 million for the Department of Homeland Security to address 
the issues revealed in the 2006 Federal Human Capital Survey. The bill 
further requires the Secretary to submit an expenditure plan for the 
$10 million prior to the obligation of the funds.
  However, I must point out that the Committee on Homeland Security was 
disappointed with the decision not to fund the relocation of the 
headquarters for the Department of Homeland Security at the St. 
Elizabeths site in Washington, DC.


         2. Enhancing Security for All Modes of Transportation

  I applaud the bill which provides over $4.5 billion to enhance 
aviation security. That funding makes the bill consistent with meeting 
aviation security mandates in P.L. 110-53. For example, the bill fully 
funds the Aviation Security Capitol Fund at $250 million. Furthermore, 
this bill provides $15 million for a pilot program to screen 100 
percent of airport workers.
  Although the bill does not provide sufficient resources to implement 
the authorization levels in P.L. 110-53, the Appropriations Committee 
has provided the foundation to reach that goal. For example, the bill 
provides $400 million in Public Transportation and Railroad Security 
Grants. This includes not less than $25 million for Amtrak, $11.5 
million over the road bus security grants, and $16 million for trucking 
security grants. This is in contrast to the authorized amount in P.L. 
110-53 which called for $650 million for public transit, $300 million 
for rail, and $150 million for Amtrak.
  I also support the bill's provision of $523.5 million for information 
technology and intelligence for transportation security and the 
increased funding for Red Teams at $6.26 million--a 50 percent increase 
over the enacted level of fiscal year 2007. Finally, the bill provides 
$46 million for surface transportation security, an increase from the 
$41.4 million enacted in fiscal year 2007. Of the proposed amount for 
fiscal year 2008, $24.5 million is for staffing and operations, $22.1 
million is for inspectors and canines, and another $30 million is 
provided for security training program, transportation risk assessment, 
and the development of regulation for name-based immigration screening 
for public transportation and rail workers.


    3. Response, Resilience, and Recovery in the Wake of a National 
                              Catastrophe

  I am pleased that key programs to assist first responders and State, 
local, and tribal governments have been funded above the President's 
request. Specifically, the State Homeland Security Grant Program which 
provides grants to first responders in all 50 States and U.S. 
Territories to help them prevent, prepare for, and respond to an act of 
terrorism or other emergency is funded at $950 million. The Urban Area 
Security Initiative, which addresses the unique planning, operations, 
equipment, training, and exercise needs of high-threat, high-density 
urban areas, is funded at $820 million--a $50 million increase in 
funding over FY 2007 levels.
  The bill also provides $41 million for the Metropolitan Medical 
Response System, MMRS; $300 million for Emergency Management 
Performance Grant, EMPG, program; $560 million for FIRE grants; $190 
million for the SAFER Act program; and $32.5 million for the Urban 
Search and Rescue System, USAR, a $7.5 million increase over the 
enacted level in fiscal year 2007.
  I also support the bill for directing FEMA to assist communities by 
ensuring disaster preparedness and response education materials are 
developed and distributed to children. The bill also supports the 
Office of the Disabilities Coordinator and directs the Department of 
Homeland Security's Inspector General to investigate FEMA's policies 
and processes regarding formaldehyde in trailers purchased by the 
agency to house disaster victims in the office created by the Post-
Katrina Emergency Management Reform Act of 2006.

  I will note, however, that it is unfortunate that the splintered 
oversight jurisdiction of the Department of Homeland Security has 
resulted in the inclusion of section 541 of the bill which states that 
``none of the funds provided by this or previous appropriations Acts 
shall be used to fund any position designated as a Principal Federal 
Official, PFO, for any Robert T. Stafford Disaster Relief and Emergency 
Assistance Act declared disasters or emergencies.'' I am very concerned 
that this language micromanages Federal emergency response through the 
appropriation process, interferes with the writing of the National 
Response Framework which aims to clarify the role of the PFO and does 
not recognize the situations where the appointment of PFO would be 
necessary, public health emergencies, cyber attacks, etc. Simply 
stated, this

[[Page E27]]

language unnecessarily reopens a policy question that was settled in 
the Post-Katrina Emergency Management Reform Act of 2006.


  4. Shielding the Nation's Critical Infrastructure from Foreign and 
                           Domestic Terrorism

  I commend the $50 million appropriated for chemical security. The 
bill also includes preemption language that supports States that have 
stronger law as it relates to the security of chemical facilities. In 
addition, the bill directs the Assistant Secretary for Infrastructure 
Protection to provide semi-annual briefings to the Appropriations 
Committee on implementing the National Infrastructure Protection Plan. 
I, too, look forward to being included in such briefing. The bill also 
provides $10 million for the Office of Bombing Prevention, a 
legislative initiative from the Committee on Homeland Security, H.R. 
4749, with the requirement that the office will develop a national 
strategy on bombing prevention.


  5. Securing the Homeland and Preserving Civil Liberties in Times of 
                                Terror 

  I believe strongly that civil liberties guaranteed under the U.S. 
Constitution need not be compromised to make the Nation more secure. 
One particular area of concern was the Department of Homeland 
Security's attempt to skirt congressional oversight by developing and 
implementing a spy satellite program. After I demanded answers about 
the program's reach, the Department modified its spy satellite plans. 
Going forward, the Committees on Homeland Security, Budget, and 
Appropriations should closely examine the Department's authority to 
ensure transparency and accountability.


     6. Connecting the Dots: Intelligence Information Sharing and 
                           Interoperability 

  I am very pleased that the bill includes $50 million to fund the 
Interoperability Emergency Communications Grant Program which was 
enacted in P.L. 110-53 and provides for improved emergency 
communications capabilities for first responders. Also, the bill 
includes $35.7 million for the Office of Emergency Communications, an 
$18.7 million increase over the enacted fiscal year 2007. The office, 
which was established in April 2007, pursuant to the Post-Katrina 
Emergency Management Reform Act of 2006, is the focal point within the 
Federal Government to improve national interoperable communication 
capabilities.


          7. Implementing Commonsense Border and Port Security

  I believe that border and port security must reflect the Nation's 
commitment to facilitating the flow of commerce and demanding 
accountability from our Government. That is why we cannot allow fear to 
drive the discussion of building fences that may wind up disrupting 
commerce or poor governmental planning that leads to Government waste. 
I commend the appropriator's for providing $2 million reimbursement to 
the Defense Acquisition University for a review of Secure Border 
Initiative procurement; $60 million for reimbursement of State and 
local law enforcement agencies in U.S.-Mexico border communities; and 
$225 million for the extension of the Western Hemisphere Travel 
Initiative. We must remember that border security is fundamentally a 
Federal responsibility and that we should not pass unfunded mandates to 
State and local governments that will be burdened by bad public policy.
  I am especially pleased that the appropriations bill provides $475 
million for U.S.-VISIT along with report language that makes clear that 
at least $13 million is to be used to develop an exit system. The 
provision also requires a schedule for implementing the exit program. 
Under my chairmanship, the Committee on Homeland Security has held 
several hearings examining the exit aspect of the US-VISIT. In fact, on 
September 5, 2007, I called on Secretary Chertoff to implement the US-
VISIT air exit by the end of the calendar year 2008. Simply put, it is 
folly to speak of security if we rely on a process that tells us who 
comes into the country but cannot verify if or when individuals leave 
the country.
  Other commonsense border security measures in the fiscal year 2008 
appropriations bill include the language that amend current law by 
requiring consultation with the Secretaries of Agriculture and 
Interior, States, local land owners, and tribes; authorizing programs 
to study the modernization of ports-of-entry. I also commend the bill's 
inclusion of $36 million for the implementation of the Electronic 
Travel Authorization program--a provision that I promoted in P.L. 110-
53. One particular area that reflects sound policy is language that 
provides ``law enforcement officer'', LEO, status and retirement 
benefits to Customs and Border Protection officers in order to enhance 
recruitment and retention. I was pleased to advocate the LEO status 
during the Committee of Homeland Security's consideration of H.R. 1684, 
the ``Department of Homeland Security Authorization Act for Fiscal Year 
2008.'' We must do all that we can to retain our trained staff who are 
the eyes and ears along this Nation's vast borders.
  I also note that the bill prohibits the use of funds for the 
planning, testing, piloting, or development of a national ID card and 
directs CBP to brief the Appropriations committees no later than Jan. 
31, 2008 on how it is using the Workload Staffing Model to allocated 
staffing resources.
  With regard to port security, I commend the appropriators for 
requiring improved oversight of the Deepwater Program which is funded 
at $783 million. Under my chairmanship, the Committee on Homeland 
Security has closely examined and demanded accountability over 
Deepwater, particularly in H.R. 2830, the U.S. Coast Guard 
Reauthorization Act and the SAFE Port Act, P.L. 109-347. Other notable 
funding is the $2 million for LNG and dangerous cargo suitability 
assessments; the $3.1 million to develop and finalize SAFE Port Act 
rulemakings; and the $60 million for Interagency Operational Centers 
for Port Security, a requirement from the SAFE Port Act; and $400 
million for port security grants.

  I note that the appropriation's bill requires the Transportation 
Security Administration, TSA and Coast Guard to work closely with 
terminal operators, local port police, and other law enforcement 
agencies to develop the operational procedures to ensure the effective 
implementation of the Transportation Worker Identification Card, TWIC 
program. I am concerned, however, that while the bill directs TSA to 
work with the appropriate officials of Florida and other port 
authorities to resolve differences between TWIC and the State's 
transportation facility access control programs, the requirement maybe 
interpreted as indicating that the Federal TWIC program does not pre-
empt the Florida program. This is very troubling and counterproductive.
  Finally, the bill appropriates $13 million for the CBP's Global Trade 
Exchange, GTX. CBP recently announced the Request for Quotations for 
the Global Trade Exchange 1 despite significant criticism from industry 
concerning the lack of transparency with this new initiative. I am 
concerned that the Department has not fully developed this initiative 
and that it is premature to fund it until the Department has provided 
the Committee of Homeland Security and industry with a more in-depth 
analysis of this new pilot.


 8. Inspiring Minds and Developing Technology--The Future of Homeland 
                                Security

  I am very concerned about the emerging threats of a chemical, 
biological, nuclear, and radiological attack. As chairman of the 
Committee on Homeland Security, I will continue to conduct oversight 
into this area to ensure that there is improved coordination between 
the Departments of Homeland Security and Health and Human Services and 
State, local, and Tribal governments. I recognize that the 
appropriation's bill does not provide a large amount of funding for 
pandemic flu due to the fact that the Department of Health and Human 
Services has $1.2 billion in unobligated funds from fiscal year 2007.
  I am pleased that the bill provides $116.5 million to the Office of 
Health Affairs and includes a provision that would allow agricultural 
inspectors to stay at CBP and the Transportation Security Lab to recoup 
fees for testing. With regard to the threat of a cyber security attack, 
the bill provides $125 million for the Chief Information Officer to 
improve information technology security at the Department of Homeland 
Security--a much needed act.
  I am also glad that the appropriators support the development of 
technology and the future minds in the field homeland security. For 
example, the bill provides that the Science and Technology Directorate 
will be appropriated at $830 million and funds the Third Generation Bio 
Watch at $5.8 million. The bill also provides $325 million for research 
and development. With regard to university programs, the bill provides 
$49.3 million for fiscal year 2008. This amount includes $4 million for 
the Transportation Security Center of Excellence. While that is far shy 
of the $18 million authorized in P.L. 110-53, the Committee on Homeland 
Security remains optimistic that appropriators will support the Centers 
of Excellence as they are the training grounds for future homeland 
security experts.

  The $455 million appropriated to the Domestic Nuclear Detection 
Office, DNDO, and $90 million for the Radiation Portal Monitor program 
is critical to tracking loose nuclear weapons. However, I am very 
concerned, like the appropriators, that there has not yet been 
certification by the DHS Secretary of Advanced Spectroscopic Portal, 
ASP, radiation monitors. We must push out the boundaries of technology 
if we are going to have 21st century security.
  In closing, I would like to thank the appropriators for funding the 
vital programs that are critical to securing the Nation. As chairman of 
the authorizing committee, I will vigilantly monitor the Department of 
Homeland Security to ensure that it is drawing on the diverse talents 
of its experts to ensure that it is providing the American people 
security, accountability, and freedom from fear.




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