[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Extensions of Remarks]
[Pages 2880-2881]
[From the U.S. Government Publishing Office, www.gpo.gov]




 AMERICA AT RISK--ANNIVERSARY REPORT ON THE STATE OF HOMELAND SECURITY

                                 ______
                                 

                        HON. SHEILA JACKSON-LEE

                                of texas

                    in the house of representatives

                      Thursday, February 26, 2004

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise to join my fellow 
Members of the House Select Committee on Homeland Security from this 
side of the aisle to underscore the importance of a report issued by 
Ranking Member Turner entitled America at Risk: Closing the Security 
Gap. This report answers the question of whether we are as safe as we 
need to be one year after the creation of the Department of Homeland 
Security (DHS) in the negative.
  Despite the fact that for fiscal year 2005, DHS is slated to receive 
$40.2 billion in total funding, representing a $3.7 billion--or 10 
percent increase relative to the fiscal year 2004 level of $36.5 
billion, there still exist major problems in the Department's overall 
function.
  There is an emergency situation occurring in Haiti right now, such 
that political upheaval and the threat of murder is forcing people to 
flee the country for our borders. Over the past two days, at least two 
boats full of Haitians have arrived at our borders. Neither the 
Department of Homeland Security's Bureau of Immigration and Customs 
Enforcement (BICE) nor our nation as a whole is prepared for the mass 
exodus that may arrive.
  I will support a bill sponsored by our colleague Mr. Meek of Florida 
to designate Haiti under Section 244 of the Immigration and Nationality 
Act to allow Haitian refugees to obtain Temporary Protective Status 
(TPS). I have signed on to join my brother today in fact to take 
leadership in this crisis.
  Furthermore, I will introduce a piece of legislation, the 
``Comprehensive Immigration Reform Act of 2003.'' Section 502 of this 
bill responds to Attorney General Ashcroft's decision in Matter of D-J-
, 23 I&N Dec. 572 (AG 2003), in which he denied bond release to a 
Haitian on the ground that giving bond to undocumented refugees who 
come to the United States by sea would cause adverse consequences for 
national security and sound immigration policy.

[[Page 2881]]

  This legislation would permit the adjustment of status for Haitians 
who meet the following categories:
  (1) The individual would have to be a native or citizen of Haiti;
  (2) The individual would have to have been inspected and admitted or 
paroled into the United States; and
  (3) The individual would have to have been physically present in the 
United States for at least one year.
  It will be critical for BICE to have a system in place that will 
process these individuals but not illegally and excessively detain them 
or otherwise violate their civil liberties.
  The United States Visitor and Immigrant Status Indicator Technology 
program's (US-VISIT) first phase is deployed at 115 airports and 14 
seaports. US VISIT was designed to expedite the arrival and departure 
of legitimate travelers, while making it more difficult for those 
intending to do us harm to enter our nation.
  The budget for FY 2005 provides $340 million in 2005, an increase of 
$12 million over the FY 2004 funding to continue expansion of the US 
VISIT system. In his testimony in the Full Committee hearing held on 
February 12, 2004, Secretary Ridge indicated that ``over $1 billion 
will be used to support [US-VISIT].'' Unfortunately, he failed to 
adequately address how the budgetary plan will address the following 
issues:
  That US-VISIT will not be effective for border security.
  That it will impede U.S.-Mexican trade.
  That it will discourage legitimate international travel and hinder 
South Texas retail.
  That it essentially amounts to an anti-immigration policy under the 
guise of homeland security.
  Harm to efficiency--Without a way to separate travelers, lines during 
high-volume times will be staggering, regardless of how fast the 
machines may operate.
  Of the estimated 400 million people whom US-VISIT would process 
annually, 360 million would go through land ports of entry--five times 
more than go through airports and seaports. And unlike air and sea 
travelers, most land travelers do not file itineraries, carry passport 
information or go through personal screening.
  Legitimate travelers--truckers who haul goods to warehouses just 
north of the border; people who live in Mexico and work in Texas rail 
shops or factories; Mexicans who own property in the United States--
could be stuck in processing lines.
  That US-VISIT targets the wrong people: Mexican and Texas businesses 
and people who have created an interdependent relationship.
  Furthermore, there are tremendous problems with our aviation security 
systems. Spending on aviation security since September 11, 2001 has 
totaled $14.5 billion. Since September 11, we have spent $18 securing 
our skies for every $1 spent securing ports, trucks, buses, mass 
transit, and pipelines combined.
  Numerous media accounts tell of passengers bringing knives and guns 
on flights without realizing it, and not getting caught. In the recent 
situation regarding Nathaniel Heatwole, it was discovered that he told 
the TSA that he was going to put box cutters and other potentially 
dangerous items on airplanes, but it still took a routine maintenance 
check a month later to find them.
  Planes that carry only cargo are also dangerously unsecured. Many do 
not have hardened cockpit doors, and the pilots are not yet allowed to 
carry firearms.
  Another problem was created by the Administration's inexplicable 
policy of allowing airport employees to enter secure areas of the 
airport without being screened in the same way passengers and pilots 
are. Congress has given the Administration substantial resources to do 
the job--more than any other aspect of homeland security. They must 
move faster to strengthen our front line defense against the terrorists 
threatening the safety of our skies and our communities.
  Overall, $890 million is provided for aviation security, a nearly 20 
percent increase, including funds to improve integration of explosive 
detection system (EDS) equipment into individual airports' baggage 
processing to increase security effectiveness and promote greater 
efficiency.
  On February 24, 2004, Fox News aired a segment on airline security 
that is simply shocking. It showed a video shot by a passenger on an 
international flight bound for the United States. While there weren't 
many open seats on the Air Tahiti Niu passenger jet, the cockpit door 
remained open. The passenger who shot the film said, ``As we were 
rolling down the runway, the door kept slamming against the back 
wall.'' This passenger taped the open cockpit door from his first class 
seat on a trip from Auckland, New Zealand to Los Angeles, California 
with a stop-over in Tahiti. He reported that the door remained open 
most of the time on both legs of the flight and was closed just before 
the plane's decent into Los Angeles.
  This incident shows the severe gaps that we have in our airline 
security. I have written a letter to Secretary Ridge highlighting this 
problem and requested that he respond with a specific plan to address 
it.
  Poor data collection, data sharing, equipment, training, and a lack 
of oversight make our nation extremely vulnerable to terrorist attacks. 
We must act quickly to address these weaknesses in order to protect our 
families.

                          ____________________