Let me thank the chairman of the full committee, Mr. Thompson, and the ranking member. They know that our byline is that we are a bipartisan committee. The reason is because entrusted to the Homeland…
Let me thank the chairman of the full committee, Mr. Thompson, and the ranking member. They know that our byline is that we are a bipartisan committee. The reason is because entrusted to the Homeland Security Committee is the security of the Nation, security of a Nation that we love, security of a people that we cherish.
Whenever we hear of a tragic truck accident in California, explosive truck accident, the viciousness of the shooting at Virginia Tech, and the bombing, or the threats of such, in the London train system, we begin to think of our security. No, maybe those are accidents, maybe those are not considered terrorist acts, Virginia Tech or the tragedy in California, but it causes America to begin to think about her own security.
That is why H.R. 1684 is a strong reflection of the importance of security to this majority leadership. I am very proud that, in the early days of our legislation or our time as the majority, we passed the 9/11 bill, certainly working with a bipartisan leadership. We have moved to ensure that for the first time that we have a strong authorization bill on homeland security.
We have not forgotten the employees, and I was glad to be able to offer a particular amendment that addressed the question of the morale and the leadership and the training of our employees. That is important, for if your employees are not fully functioning, the question of security is a question. And so I was delighted to be able to incorporate language regarding the CMOs qualifications, to ensure that the CMO possess a demonstrated ability and knowledge of treatment of illnesses caused by chemical, biological, nuclear and radiological agents.
I am also glad to have developed an amendment which strips the Department of the authority to develop a personnel system different from the traditional GS schedule Federal model. In a number of critical ways the personnel system established by the Homeland Security has been a litany of failure.
The question is, that if we don't order and put in order our homeland security function, then we cannot secure America. That is what 1684 does. And we will address the questions of security, of civil liberties, of protecting our highways, of being concerned about rail security, we will do it and continue to do it because we believe in America.
H.R. 1684 gives us the perfect road map, the perfect hand print to secure this Nation. I ask support for the bill.
Mr. Chairman, September 11, 2001, is a day that is indelibly etched in the psyche of every American and most of the world. Much like the unprovoked attack on Pearl Harbor on December 7, 1941, September 11, is a day that will live in infamy. And as much as Pearl Harbor changed the course of world history by precipitating the global struggle between totalitarian fascism and representative democracy, the transformative impact of September 11 in the course of American and human history is indelible. September 11 was not only the beginning of the Global War on Terror, but moreover, it was the day of innocence lost for a new generation of Americans.
Just like my fellow Americans, I remember September 11 as vividly as if it was yesterday. In my mind's eye, I can still remember being mesmerized by the television as the two airliners crashed into the Twin Towers of the World Trade Center, and I remember the sense of terror we experienced when we realized that this was no accident, that we had been attacked, and that the world as we know it had changed forever. The moment in which the Twin Towers collapsed and the nearly 3,000 innocent Americans died haunts me until this day.
At this moment, I decided that the protection of our homeland would be at the forefront of my legislative agenda. I knew that all of our collective efforts as Americans would all be in vain if we did not achieve our most important priority: the security of our nation. Accordingly, I became then and continue to this day to be an active and engaged Member of the Committee on Homeland Security, and Chairwoman of the Transportation Security and Infrastructure Protection Subcommittee, who considers our national security paramount.
Our nation's collective response to the tragedy of September 11 exemplified what has been true of the American people since the inception of our Republic--in times of crisis, we come together and always persevere. Despite the depths of our anguish on the preceding day, on September 12, the American people demonstrated their compassion and solidarity for one another as we began the process of response, recovery, and rebuilding. We transcended our differences and came together to
honor the sacrifices and losses sustained by the countless victims of September 11. Let us honor their sacrifices by passing H.R. 1684, which bolsters the efficacy, accountability, and our oversight over the Department of Homeland Security.
This bipartisan bill was reported out of the Homeland Security Committee by a unanimous vote and includes many significant provisions I ensured were incorporated either into the base bill or through amendments at the Full Committee Markup aimed at strengthening and streamlining management, organizational, personnel, and procurement issues at the Department to facilitate execution of its homeland security mission.
H.R. 1684 authorizes $39.8 billion in appropriations for the activities of the Department of Homeland Security for Fiscal Year (FY) 2008--$2.1 billion over the requested amount of the President's FY 2008 budget. H.R. 1684 is an oversight and management bill that builds capacity, provides resources, and ensures accountability at what GAO still views as a high-risk endeavor--the transformation and integration of 22 entities into the Department of Homeland Security.
H.R. 1684 establishes important offices such as the Directorate for Policy, the Office of Health Affairs, and the Office of Cybersecurity and Communications. Within the Office of Health Affairs, this bill creates a Chief Medical Officer, CMO, and I worked with Chairman Thompson to incorporate language regarding the CMO's qualifications to ensure that the CMO possess a demonstrated ability and knowledge of treatment of illnesses caused by chemical, biological, nuclear, and radiological agents.
Moreover, I introduced an amendment which passed during the Committee Markup of H.R. 1684 which strips the Department of the authority to develop a personnel system different from the traditional GS schedule Federal model. In a number of critical ways, the personnel system established by the Homeland Security has been a litany of failure.
The flexibility we originally granted in the Homeland Security Act of 2002 has not worked. That is why I offered an amendment repealing the DHS human resources personnel system.
The Department has abused the flexibility given by Congress. They have created a personnel system that eviscerates employee due process rights and puts in serious jeopardy the agency's ability to recruit and retain a workforce capable of accomplishing its critical missions.
We initially believed that the flexibility given the Department would allow it to respond better in times of crisis. We know now that nothing could be further from the truth. The abysmal response to Hurricane Katrina taught us that lesson.
Despite Court rulings, however, on March 7, 2007, DHS announced that it will put into effect portions of the personnel system not specifically enjoined by the Court. Just a few weeks earlier, DHS outlined plans to move slower on its controversial personnel overhaul, formerly known as MaxHR, but now called the Human Capital Operations Plan or HCOP.
Implementing these plans would further undercut the fairness of the appeals process for DHS employees by eliminating the Merit Systems Protection Board's current authority to modify agency-imposed penalties. These regulations would also provide the Secretary sole discretion to identify offenses and impose employee penalties as well as appoint a panel to decide the employee appeals the Secretary's action.
According to U.S. District Judge Rosemary Collyer, these regulations put the thumbs of the agencies down hard on the scales of justice in [the agencies'] favor.
The Federal Appeals Court agreed with the District Court's basic conclusion regarding the lack of fairness of these planned changes in adverse action and appeal rights, but ruled that they were not yet ripe for a decision since no one has been subject to discipline under them. It is clear that another court case will be filed should DHS put these provisions into place and an employee is harmed by the new adverse actions and appeals procedures.
Some insisted that employees would be happier and more efficient if they were managed more like the private sector. We know now that nothing could be further from the truth. The Department's morale ratings have consistently been at or near the bottom of all federal agencies.
In February of this year, the Department of Homeland Security received the lowest scores of any Federal agency on a Federal survey for job satisfaction, leadership and workplace performance. Of the 36 agencies surveyed: DHS ranked 36th on job satisfaction, 35th on leadership and knowledge management, 36th on results-oriented performance culture, and 33rd on talent management.
We know that the Department too often does not listen to their employees. In fact, the National Treasury Employees Union, NTEU, sent me a letter on behalf of the 15,000 employees of DHS' Bureau of Customs and Border Protection thanking me for introducing my amendment repealing DHS' failed human resource management system, MaxHR. Despite its incredibly low morale, the Department is not changing its plans to implement MaxHR. Instead the Department is merely changing the name of an unpopular and troubled system. MaxHR will become HCOP.
With the abysmal morale and extensive recruitment and retention challenges at DHS, implementing these personnel changes now will only further undermine the agency's employees and mission. From the beginning of discussions over personnel regulations with DHS more than 4 years ago, it was clear that the only system that would work in this agency is one that is fair, credible and transparent. These regulations promulgated under the statute fail miserably to provide any of those critical elements. It is time to end this flawed personnel experiment.
So it is time for Congress to once again step in. It is time to say to the dedicated workers of the Department of Homeland Security that they deserve to be treated with the same dignity and respect granted to other federal employees. Therefore, I thank my Homeland Security colleagues who supported my amendment repealing DHS' failed human resource management system because Homeland Security is too important to get it wrong again.
I also worked with Chairman Thompson to incorporate into H.R. 1684 language authorizing the Citizen Corps and the Metropolitan Medical Response System programs to strengthen emergency response and recovery efforts.
The Citizen Corps Program is a critical program within the Department of Homeland Security that engages the community to be involved in emergency preparedness through public education and outreach, training, and volunteer service.
My language ensured that funding will enable local Citizen Corps Councils to more adequately provide education and training for populations located around critical infrastructure. These populations will have an opportunity to be better prepared to respond to natural disasters, acts of terrorism and other man-made disasters.
In a bipartisan fashion, I also worked with my colleague from Texas, Representative McCaul, to draft an amendment regarding CBP officers and their policies. My amendment called for the GAO to study the Border Patrol's policies on pursuit and the use of lethal and non-lethal force.
Our Border Patrol officers operate in some of the most dangerous regions in the country and are often required to use force and pursue suspects on a daily basis. An independent evaluation of these practices and policies is important so that the Border Patrol knows the parameters of its enforcement tactics and has the information necessary to assess whether it needs to adopt new policies.
My amendment also requires GAO to examine the number of incidents where force was used and when it has led to penalties against our Border Patrol officers, so we have hard data that can guide any reassessments that may be necessary.
Recognizing the problem first is essential to fixing the situation. This non-partisan report by GAO will be a major step in evaluating these vital Border Patrol policies.
H.R. 1684 also requires the Department to conduct a Comprehensive Homeland Security Review, similar to the Quadrennial Defense Review conducted by the Department of Defense. In addition, the bill requires pay parity for Customs and Border Protection employees and other border personnel enhancements and addresses critical staffing needs by tapping into the pool of experienced Federal annuitants.
In conclusion, I stand here remembering those who still suffer, whose hearts still ache over the loss of so many innocent and interrupted lives. My prayer is that for those who lost a father, a mother, a husband, a wife, a child, or a friend will in the days and years ahead take comfort in the certain knowledge that they have gone on to claim the greatest prize, a place in the Lord's loving arms. And down here on the ground, their memory will never die so long as any of the many of us who loved them lives.
Mr. Chairman, the best way to honor the memory of those lost in the inferno of 9/11, is to do all we can to ensure that it never happens again. The best way to do that is to bolster the efficacy, accountability, and our oversight over the Department of Homeland Security, which we created in the aftermath of 9/11 to protect and preserve our Nation which we all hold so dear.
Mr. Chairman, I claim the time in opposition, and I am opposed to the amendment.
Mr. Chairman, I rise in opposition to the gentleman's amendment. And might I indicate, because I know Members are in their offices working and committees, and deliberations on the floor are instructive to the Members and their staff, make it very clear of the cooperative and collaborative relationship that the Homeland Security Committee has had with the Transportation and Infrastructure Committee, along with many other committees. Let me reemphasize the very strong working relationship of the chairman of the Homeland Security Committee and the chairperson of the Transportation Committee.
So this amendment is unnecessary. We have worked closely together on this bill and on many issues. I specifically remember the close relationship that we had in working on the rail security bill, where we are jointly responsible for securing the Nation's transportation system or rail transportation system.
This amendment, though possibly well-intended, unnecessarily creates a bureaucratic and burdensome process to what should be a simple study.
Let us be reminded of the 9/11 Commission. The 9/11 Commission wanted to emphasize the ending of bureaucratic red tape. That is why we have the Homeland Security Department and the Homeland Security Committee.
Specifically, this amendment seeks to add the Secretary of Transportation to a study on incentives to secure critical infrastructure information for private stakeholders. Mr. Chairman, we all know what happens when we have too many cooks in the kitchen. We also know that we have a working relationship between our committees and between the Members of this Congress, and also a duty and responsibility to Homeland Security Committee to ensure the securing of this Nation
through the securing and the responsibilities of the Homeland Security Department. Adding more layers to a project like this only assures that the project will not get done in a timely manner.
The Secretary of Homeland Security is charged with working to identify and help with other agencies and protect critical infrastructure. That is a component of our committee and the subcommittee that was set up by the chairman of this committee and the subcommittee that I serve to ensure efficiency. The Secretary of Homeland Security by himself is more than capable of working to complete a study of incentives, infrastructure, stakeholders, to share information with the government.
For these reasons, I oppose this amendment. And I would simply say to my colleagues, what did the 9/11 Commission dictate or ask us to do? Thoughtfully streamline the process of securing America and make sure that we are attentive, we are efficient, and we get the job done. Lives are at stake.
Mr. Chairman, I reserve the balance of my time.
I thank the distinguished chairman.
Let me just simply say to my good friend, nothing precludes the engaging by the Homeland Security Department of those who have a stakeholder's role. Remember, this is an assessment of critical infrastructure on the issue of security.
The rules of the House designate the Homeland Security Committee as the committee that deals with the question of security. In addition, none of us work in a vacuum; and we would expect this center of excellence to engage those necessary parties.
This amendment is opposed by the committee. This amendment will create another layer of bureaucracy. This amendment goes against the 9/ 11 Commission, which has asked us to be efficient and to be definitive on our questions of security issues. And what we are attempting to do is to allow the Homeland Security Department to do its job, which creates a center of excellence to focus on the security protection measures for critical infrastructure, a defined responsibility of the Homeland Security Department. And we simply expect that there will be a collaborative working on that such that no Department, Mr. Chairman and my colleagues, will be left out, including the very important Department of Transportation. And we would look forward to collaborating with them.
And, in that regard, I rise to vigorously oppose the amendment and ask for a ``no'' vote.
I rise in opposition to the gentleman's amendment. This amendment--while well-intented--unnecessarily creates a bureaucratic and burdensome process to what should be a simple study.
Specifically, this amendment seeks to add the Secretary of Transportation to a study on incentives to secure critical infrastructure information from private stakeholders.
Mr. Chairman, we all know what happens when we have too many cooks in the kitchen.
Adding more layers to a project like this only assures that the project will not get done in a timely manner.
The Secretary of Homeland Security is charged with working to identify and help, with other agencies, protect critical infrastructure.
The Secretary of Homeland Security by himself is more than capable of working with CREATE to complete a study of incentives for infrastructure stake holders to share information with the government.
For these reasons, I oppose this amendment.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I thank the gentleman for, again, his outstanding spirit of bipartisanship.
I think the importance of Mr. Cardoza's amendment is that he agrees with the Homeland Security Committee and the message and the mission of yourself and Mr. Thompson and all of the Members that, in addition to just handing out equipment, you want to make sure there's a continuing of training, professional development, understanding of the system. And it really impacts firefighters, police, other emergency responders who cannot communicate during times of emergency. We know what happened in 9/11.
Let me just finish by saying, one of the other elements of helping us work through this question of interoperability is, as your amendment suggests, focusing on local and regional interoperability communications efforts and, particularly, and I raise this point for a city like Houston, that simply says, let us use the dollars, let us directly use the dollars so that we can follow the pathway of Mr. Cardoza's amendment, which is to improve our interoperable communication efforts. Let us get the monies directly, as opposed to the layering that goes on through the State system.
But, in any event, let me thank the gentleman for his amendment.
The need for improved emergency communications is not new. Whether we are talking about the Oklahoma City bomb detonated by homegrown terrorist Timothy McVeigh, September 11, or Hurricanes Katrina and Rita--the same story emerged.
Firefighters, police, and other emergency responders cannot communicate during times of emergency.
Five and one-half years after the 9/11 attacks, and 1\1/2\ years after Hurricanes Katrina and Rita, the Department still does not have a dedicated interoperability grant program.
Subsequently, states and localities are forced to rob Peter to pay Paul by using large chunks of homeland security grant funding--in some instances 80 percent--to purchase communications equipment instead of securing bridges, ports, buildings.
The FY 2006 Budget Reconciliation Act created a $1 billion interoperability grant program to be administered by the Department of Commerce based on the proceeds from the sales of the 700 Mhz spectrum.
While that is a good start, the 9/11 Commission has called on Congress to prioritize and improve interoperable emergency communication.
Buying equipment is not enough!
Congress must support State, local and regional interoperable communication plans that recognize all of the critical factors for a successful interoperability solution.
Those factors are part of the SAFECOM Interoperability Continuum. They are: governance, standard operating procedures, training and exercises, and usage, in addition to technology.
We cannot just throw money at interoperability--we have to develop a strategic, national plan to improve interoperable communications.
The Administration and DHS officials have testified that the cost of achieving interoperability will cost in the tens of billions to $100 billion.
More than 90 percent of the public safety communication infrastructure in the United States is owned and operated at the local and state level. Therefore, we must have improved coordination, training, and planning across many jurisdictions to achieve interoperability.
According to Project SAFECOM at DHS, interoperability directly impacts the first responder community which consists of over 61,000 public safety agencies including 960,000 Firefighters, 830,000 EMS personnel, and 710,000 Law Enforcement Officers.
The Federal government must show leadership on this issue if it is going to tell state and local governments that they need to enhance and improve their emergency communications capability.
Funding is only one-half the solution for the interoperability crisis. There must be leadership by all the key stakeholders to sit down and develop the plans necessary to create effective nationwide interoperable communication standards.
This amendment provides support to the local governments and regions that are developing plans and systems that will better enable multi- jurisdictions to communicate during times of emergency.
The Cardozo amendment will encourage jurisdictions to move toward a truly ``national'' emergency communications capability.
This is an excellent amendment, and we rise to support it.
I yield back to the distinguished gentleman.