Floor Statements

Mr. Speaker, I rise today to honor Mrs. Jessie Polly Holloway Beverly. Mrs. Beverly was born on January 3, 1910 to the late Jesse and Minnie Rice Holloway on Spring Street in Fayette, Mississippi. She was the older of two children.

Mrs. Beverly was married to her hometown sweetheart, Superintendent Mason R. Beverly, on June 26, 1936. To this marriage one daughter was added, the late Camille M. Beverly who was born on July 9, 1941.

Mrs. Beverly is a long life educator. She knew at an early age that she had the desire to become a teacher. She began teaching at the age of 17.

Mrs. Beverly's educational background included: Charles Summer School and Jackson State College. She received her Bachelor of Science Degree in Elementary Education at Rust College in 1959 and a Master of Science Degree in Library Science from Atlanta University. She also furthered her studies at St. Louis University, Indiana State University, and Delta State University.

Mrs. Beverly retired from the public school system after teaching 50 years. Her first job was in 1927 at Charles Summer School in Fayette, Mississippi. She was the first Black librarian in Jefferson County. She worked as a librarian in Jefferson County and Claiborne County School Districts.

Mrs. Polly Beverly was also affiliated with Fayette Garden Club, Professional Teachers Association, Chamber of Commerce member, and the American Red Cross.

Mrs. Beverly is presently a church mother at Mt. Zion Church of God In Christ but was reared in Adams Chapel Methodist Church.

The city of Fayette named the Polly Beverly Apartments and Beverly St. in her honor.

Mr. Speaker, I rise today to honor Ms. Hattie R. Jordan, the daughter of slaves who was reared on various plantations and the last one being owned by the late State of Mississippi Senator James O. Eastland. Her goal was not continue to chop and pick cotton for the rest of her life. Her goal was to get herself and her family off the plantation for a better way of life. Seven months after receiving her degree in Social Studies from Mississippi Valley State University she was able to build a house in Ruleville, Mississippi, and moved her surviving relatives, her father and sister from the plantation.

Ms. Jordan's dedication to other blacks in the Mississippi Delta to have a better life propelled her to become the first black educator to work at Rosedale High School in Rosedale, Mississippi, and be involved in the Civil Rights Movement. She joined the NAACP where she still has membership. She entered political office in 1993 as an Alderwoman for the City of Ruleville and served four terms ending in 2009.

She was and is instrumental in keeping the legacy of Ms. Fannie Lou Hamer alive. Ms. Jordan raised $115,000 to construct the Fannie Lou Hamer Memorial Garden. Her commitment to her community has developed into sponsoring the Ruleville Scholarship fundraiser, Ruleville Employees, and Senior Citizen's Dinner, organizing Annual Back-to- School Rallies, Annual Christmas give-away for the youth of Ruleville, sponsoring Student Council Debating Teams, Senior Class sponsor, and volunteering with numerous community organizations which enhance citizens' lives.

Ms. Jordan lives by the motto: ``I can do all things through Christ, which strengthen me''.

Mr. Speaker I ask my colleagues to join me in recognizing Ms. Hattie Jordan's dedication to education and the civil rights of others. Her life has touched the lives of people both young and old.

Mr. Speaker, I rise today to honor Joan Richardson a long-time community activist in the Mississippi Delta, one of America's poorest regions, who has given tirelessly and selflessly to improving the lives of many who are in greatest need.

She lifts up her community not only through her generous volunteerism but through her business. Her grant writing and small-business assistance company has raised hundreds of millions of dollars in grants and government contracts to benefit the Delta region. Her company, Richardson's Writing Service in Darling, Miss., has for 20 years helped community, faith-based and other nonprofit organizations obtain grants for programs that benefit children, the elderly and others in need. She knows economic development is essential to improving life in Quitman County, where she lives, and the rest of the Delta, and works with small businesses to develop business plans and win contracts to boost the region's economy.

She is the publisher of By U Magazine, a magazine that highlights the good deeds of people in the Delta and calls on them to help their neighbors who are in need. She serves on the board of Delta Missions Outreach Ministries. She dismisses praise about her community service, saying she is only answering God's call and whatever contributions she makes is through Him.

She lives in Sledge, Miss., with her husband, Victor a GED instructor at Northwest Community College and in the Quitman County School District. Her daughter, Latricia, teaches fifth grade in the school district. She has four grandchildren: Imani, Anaiah, Akeria, and India, a goddaughter, Monisha Wade and godson, Gerad Burt.

Mrs. Richardson exemplifies how people in the Delta are building up their communities to improve life for everyone, especially those who need an extra lift up.

Mr. Speaker, I rise today to honor Annie Pearl Spears Nichols, a lifelong resident of Canton, Mississippi. Born November 20, 1944, Annie Pearl Spears Nichols attended school in the

Canton area and later received her Licensed Practical Nursing Degree from Hinds Community College in 1972. Mrs. Nichols has spent a great majority of her lifetime actively participating in the Civil Rights struggle. She began her involvement in 1965 when she became an intricate voice in the Voter Education/Registration Movement in Canton. Many local mentors, such as the late Ms. Annie Devine, taught her pivotal information on organizing movements towards the integration of public facilities and schools. Her efforts were rewarded in the establishment of Freedom Schools and the successful organization of boycotts and civil rights demonstration in the area.

In 1968, Annie married Attorney John Andrews Nichols, who was Canton's first Black attorney and first Black to run for Mayor for the City of Canton. Mrs. Nichols gave birth to four (4) children: Andrea, April; Alexis, and Adam. Mr. and Mrs. Nichols both pursued positions in public office; unfortunately, they were both defeated. Despite much opposition from the whites in the community, she and her husband continued their quest for equality and civil rights by participating in the March to Washington, DC and voicing concerns for continued funding of the Head Start Program. Through her struggles, she was afforded the opportunity to work alongside legendary figures of the Civil Rights Era, including James Meredith and Fannie Lou Hamer.

Her community outreach expands to a number of civic organizations in which she is involved, such as Founder of the ``Let's Talk Cancer'' support group of Canton, commissioner of the Canton Housing Authority, President of the Eastside Neighborhood Watch Association, and a member of the Women for Progress. Mrs. Nichols has been honored with Excellence in Leadership Awards and continues to be a model for hard work and dedication in her community through volunteering with the Triple C and the Canton PTSA.

Mr. Speaker, I rise today to honor the distinguished life of Dr. Reginald Rodges who in 1997 was the youngest African American to graduate with a doctorate from Parker College of Chiropractic.

In 1998 he obtained his license to practice and opened the Mid-Delta Chiropractic Clinic. During that same year he was severely injured in an automobile accident where he sustained a broken neck and severe damage to his right hand and legs and underwent rehab for a year. He refused to give in to his disability and be a burden on society and in 1998 resumed practicing chiropractic.

In 2002 J&R Chiropractic was created to implement his innovative ideas and philosophies which laid the foundation for the opening of Chiro/Elite Natural Pain and Health Center. This facility specializes in three unique areas of service; herniated disc in the cervical and lumbar spine; fitness/gym; and nutritional weight loss center.

Dr. Rodges realized there was a void in the black community relative to fitness and weight loss in the Mississippi Delta. Through his innovative health practices he has enhanced the health and lives of his patients, and the first in the Mississippi Delta to address issues with the morbidly obese and obese.

His facility caters to a diverse population with varied socio- economic backgrounds.

Mr. Speaker, I ask my colleagues to join me in recognizing Dr. Reginald Rodges and his dedication to the Mississippi Delta citizens in his health endeavors. His career has touched and is touching the lives of people both youthful and aged.

Mr. Speaker, today, I am introducing legislation to level the playing field in the Small Business Administration's, SBA, 8(a) small and disadvantaged business program by eliminating the preferences and special rules that exist for Alaska Native Corporations, ANCs.

The 8(a) program was established to improve participation rates for small, minority-owned and operated, economically and socially disadvantaged businesses in the Federal marketplace.

Under the program, eligible businesses receive training, technical assistance, and Federal contracting opportunities through set-asides and contract awards without competition.

In the current economic climate, 8(a) contracting opportunities can sometimes be the difference between success and failure for small struggling businesses all across America.

Yet, all too often, small businesses are crowded out of the Federal marketplace by ANCs who, since 1986, have benefited from a carve-out which allows these firms to receive contracts under the 8(a) program with ``special procurement advantages''--including the ability to win uncapped no-bid contracts. These benefits are not conferred to other 8(a) firms.

As a result, ANCs, who only make up about 2 percent of eligible firms under the 8(a) program, actually receive more than a fourth of 8(a) contracts.

Between FY2000 and FY2008, Federal contract dollars awarded to ANCs and their subsidiaries grew by 1,386 percent, and have more than tripled in recent years, from $1.1 billion in FY 2004 to $3.9 billion in FY 2008.

The Washington Post, and more recently Pro Publica, have published exposes that reveal the inequities of the ANC carve-out and how it has contributed to government waste.

My partner in the Senate in this effort is Senator Claire McCaskill of Missouri has done extensive oversight of the ANC carve-out through her work on the Senate Homeland Security and Governmental Affairs Committee Ad-hoc Subcommittee on Contracting Oversight.

I have been interested in the distorting effect of the ANC carve-out since 2005, when FEMA disproportionately awarded post-Katrina recovery contracts to ANC.

At my request, the Government Accountability Office studied the program and, in 2006, reported that the SBA's oversight of ANCs has ``fallen short'' and as a result there is ``clearly the potential for unintended consequences or abuse.'' GAO further found that ``sizable 8(a) revenues do not guarantee a higher level of shareholder benefits'' to Alaska Natives.

The evidence for whether these revenues have benefited Native Alaskans is anecdotal at best but, interestingly, the poverty rate in Alaska has actually gone up since 1986, from 8.8 percent to 9.4 percent.

There are many glaring inconsistencies between the treatment of ANCs and all other 8(a) firms.

For example: while awards to regular 8(a) firms are capped at $3.5 million for services contracts (or $5.5 million for goods), they are uncapped for ANCs and are often awarded through sole-source, no-bid contracts; while regular 8(a) firms may not participate in the program for more than nine years, ANCs can remain in the program indefinitely as long as they keep creating new subsidiaries; while regular 8(a) firms have to prove every year that they are socially and economically disadvantaged, ANCs are presumed to be socially and economically disadvantaged; while regular 8(a) firms have to be run by an economically disadvantaged minority, ANCs do not have to be minority- owned and operated and are actually often run by wealthy non-Native managers.

My legislation will: (1) standardize the eligibility requirements for all 8(a) firms; (2) require ANCs to show that they are actually economically and socially disadvantaged, as is required by other 8(a) firms; (3) require all 8(a) firms, including ANCs, to show, on an annual basis, that they are owned and operated by social and economical disadvantaged persons;

(4) require the SBA to ensure that the size of ANCs participating in the 8(a) program meet the same ``small business'' definition as other 8(a) firms; (5) require ANCs to submit an annual report indicating 8(a) program-related payments, total revenue, and the total amount of benefits paid to ANC shareholders; (6) strike the provision that allow ANCs to receive sole-source contracts in excess of $3.5 million for services and $5.5 million for goods; and (7) remove the provision that allows ANCs to participate in the 8(a) program beyond 9 years, the limitation in place on other 8(a) firms.

I urge Members to review my legislation and cosponsor this bill to ensure that eligible small businesses, in your community and mine, can reap the full benefit of the 8(a) program.

Madam Speaker, this is a fundamental principle that we developed in the Homeland Security Committee, where we work with our stakeholders to protect this country. The notion of taking the resources away from the New York City Police Department, a major stakeholder in keeping this country safe, does not make sense.

Representative King, the new chairman of the committee, outlined in a very passionate statement how this would devastate New York City. That partnership we've created has rendered results. All of the statistics that we have gleaned on this committee indicate that New York City is the number one terrorist target in the United States. This $100 million investment with the New York Police Department is an investment in security.

What we have here is smoke and mirrors that ultimately will render the citizens of New York City vulnerable to any potential attack. So I call upon my colleagues to oppose this unfortunate cut in the name of getting paid back, and look at it in what ultimate damage it will cause.

The New York City Police Department is known worldwide for its security investments and enhancements, but that's because of the partnership it's had with the Federal Government. We shouldn't punish the good people of New York for some ostensive reason with the United Nations.

And let's talk a little bit about the United Nations. We're fortunate to have them on our shores here in the United States. That's worth a lot. We bring a lot of people to this country. Thousands of tourists visit that building every day. And so why all of a sudden do we want to limit the security of those individuals, among others who visit that building, just because we're trying to ``get some money back.''

Well, we are bigger than that. We have to lead by example. The best example we can do here today is to defeat

this unwarranted, mean-spirited deal that does not provide any security for the good people of New York or the people who work in and around the United Nations building.

That building was put here in 1951. It has been here a long time. We have been that beacon of hope for world order. And now, all of a sudden, we jeopardize it in a document that clearly we understand will not really cost any more money. So I ask for a vote in opposition to

Mr. Speaker now is the time to protect American families--uphold the Affordable Care Act and oppose H.R. 2, the Republican repeal of health care. A vote to repeal the Affordable Care Act will leave millions of Americans at risk of losing their health coverage; children will face discrimination because of pre- existing conditions and seniors will be left scrambling to pay full price for prescription drugs.

In fact, there is a deep concern about the practicality of repealing the Affordable Care Act and the detrimental impact repeal will have on women, children and older Americans. When Republicans wrote a Medicare prescription plan that created a ``gap'' in their coverage, seniors across the country were forced to pay full price for their prescription drugs. The Affordable Care Act eliminated the ``donut hole'', allowing millions of seniors to buy life saving medications.

Prior to the passage of the Affordable Care Act, many Americans families were uninsured and underinsured. Families were forced to choose between paying for coverage for children with pre-existing conditions or feeding them. Passage of the Affordable Care Act gave them back their dignity. Today, those children are guaranteed coverage regardless of pre-existing conditions and are allowed to remain covered under their parent's insurance plans until the age of 26.

All 23 counties in the 2nd District are medically underserved and many of my constituents are unable to afford health coverage. Under the Affordable Care Act, 315,000, resident's health insurance coverage will improve; 95,000 uninsured residents in my district will be extended coverage; and 16,500 residents with pre-existing conditions can obtain coverage. We cannot and should not be considering repeal of a sound policy that millions of Americans are currently benefiting from and countless more stand to benefit when fully implemented.

A vote in favor of this appeal would strip American families of their dignity and force them to go back to choosing between paying for health coverage or putting food on their tables. We must continue to build on our efforts to expand accessible and affordable health coverage for all Americans. Today, I strongly urge my colleagues to oppose H.R. 2.

Mr. Speaker, I rise today to express my concern about the failure of the Republican Majority's Rules

package to fix jurisdiction over homeland security.

In July 2004, the 9/11 Commission Report recommended that there be not more than one authorizing Committee in the House for the Department of Homeland Security.

They argued that consolidated jurisdiction would provide the newly- established Department of Homeland Security with the same kind of strong Congressional partner that the Department of Defense has in the Committee on Armed Services.

Upon establishment of the Committee on Homeland Security in 2005, Republican Leadership rebuffed this critical recommendation when it failed to designate the Committee on Homeland Security as the ``principal point of oversight and review for homeland security.''

I can tell you--from first-hand experience--that fractured jurisdiction results in absurd outcomes--with referrals of homeland security bills often bypassing the Committee on Homeland Security altogether.

More than a few of you would probably be surprised to hear that the following three bills were not referred to the Committee on Homeland Security: a bill authorizing the protection of federal buildings from terrorist attacks and other threats--a Department of Homeland Security responsibility; a bill providing resources for DHS to prepare for and respond to acts of terrorism; and a bill to require airports to mitigate against the threat of a terrorist attack.

The absurd and damaging effect of fractured jurisdiction has not gone unnoticed over the past six years.

Every Secretary of Homeland Security--from Tom Ridge to Michael Chertoff to Janet Napolitano--has expressed concerns about fractured jurisdiction over the Department of Homeland Security.

Indeed, in April 2010, Secretary Napolitano wrote that fractured jurisdiction has negatively impacted the Department's ability to fulfill its mission.

Then, in May 2010, 9/11 Commission Chair Tom Kean testified that fractured jurisdiction over the Department of Homeland Security risks making the country less safe.

The 111th Congress, under the leadership of Speaker Pelosi, approved a Rules package that included new language to underscore that the Committee on Homeland Security is the lead congressional committee for homeland security matters within the House.

While this change represented progress, there was still a pressing need for legislative jurisdiction over homeland security to be consolidated.

The Rules package under consideration today does nothing to end fractured jurisdiction over homeland security.

Inexplicably, the package only changes the jurisdictional statement for the Committee on Armed Services--a committee that already has sweeping jurisdiction over the Defense Department.

I am disappointed to see that the newly-minted House Leadership, despite assurances from the incoming Chairman of the Committee on Homeland Security that Republican Leadership would do so, refuses to tackle what the 9/11 Commission said of all its recommendations was ``the most difficult and important.''

For this reason, I cannot support House Resolution Five (H. Res. 5) and urge my colleagues to join me in opposing this measure that knowingly turns a blind eye to a glaring deficiency in the House Rules that three Secretaries of Homeland Security, the 9/11 Commission and scores of homeland security experts have identified.

Madam Speaker, I rise in support of S. 3243, the Anti-Border Corruption Act.

The men and women of Customs and Border Protection (CBP) are the guardians of our Nation's borders.

They protect our ports of entry and areas in between against homeland security threats, including illicit trafficking and other criminal activity, while facilitating legitimate trade and travel.

The vast majority of CBP personnel are committed to the border security mission.

However, there have been instances in recent years of individuals seeking and securing employment with CBP for the express purpose of engaging in smuggling and other criminal activities.

For example, last December, Border Patrol Agent Raquel Esquivel was sentenced to 15 years in prison for informing smugglers on the location of patrols.

She reportedly joined the Border Patrol based on the recommendation of a high school friend and drug smuggler who convinced her it was a ``good career move'' for both of them.

More recently, just last week, a Customs Officer based at Atlanta's Hartsfield-Jackson Airport was arrested in one of the largest ecstasy pill seizures in the country.

The officer was charged with conspiring to launder drug money, bulk cash smuggling and attempting to bring weapons onto an aircraft. He allegedly used his badge to bypass security and avoid screening.

H.R. 3243 would strengthen CBP by enhancing the agency's personnel integrity policies.

Specifically, the bill would require CBP to:

(1) require all applicants for CBP law enforcement positions to undergo polygraph examinations; and

(2) commence background re-investigations of certain employees within six months of enactment.

CBP deploys more than 57,000 employees each day.

On a typical day, they process about one million passengers and pedestrians; execute more than two thousand apprehensions between ports and over one hundred criminal arrests at ports of entry.

Given this high-threat environment, it is not surprising that drug trafficking organizations have turned their attention to infiltrating and compromising CBP.

The dramatic increases in staffing have also contributed to personnel vulnerabilities.

The Border Patrol has seen its agents double from approximately 10,000 agents in FY 2002 to more than 20,000 in FY 2009.

This rate of growth has made it difficult for CBP to pace with periodic personnel re-investigations.

I urge passage of S. 3243 which takes some important steps to help prevent the hiring of those who seek to infiltrate CBP for terrorist or criminal purposes and ensure that re-investigations are conducted on a regular basis to weed out any potential corruption.

Madam Speaker, as an original cosponsor of H.R. 4748, I urge passage of this important homeland security bill so that it can be sent to the President for signature.

H.R. 4748, as amended by the Senate, would require the Director of National Drug Control Policy, ONDCP, to work with Federal, state, local, and international law enforcement to develop a comprehensive plan to prevent drug trafficking across the Northern Border. The bill requires the strategy to include clear recommendations for better coordination and assistance for tribal law enforcement agencies.

More often than not, when I hear someone lament about our ``broken borders,'' they are talking about the Southern Border. While certainly the high-profile drug cartel violence and human smuggling activities warrant significant attention, we must not overlook the fact that there are significant border security challenges to the north, as well. In recent years, a diverse array of traffickers ranging from outlaw motorcycle gangs to Canadian drug rings have exploited the long, sparsely populated and very wooded border to traffic in large quantities of marijuana, ecstasy, and methamphetamines. Surveillance of the border is particularly challenging since smugglers have a wide range of delivery options--from helicopter and other small craft to boat and float plane to cattle trucks and even snowmobiles.

Representative Owens, with his firsthand perspective of conditions on the Northern Border, is to be commended for authoring this bill to ensure that the Federal government has a unified approach to preventing the flow of drugs into the United States through this critical border-- which spans about 4,000 miles.

The bill is not only integral to border security, but is vital for economic development in New York's North Country and other communities in the 13 states along our border with Canada. Thousands of jobs in these areas depend on the swift movement of lawful commerce across the Northern Border; illicit activity along the border risks undermining this critical trading relationship.

I congratulate Representative Owens, a valuable member on the Homeland Security Community, for his work on Northern Border security issues and--especially--his efforts in introducing a strategic approach to stemming the flow of illicit drugs across the U.S.-Canadian border. I urge passage of H.R. 4748.

Mr. Speaker, I would like the following remarks to be inserted into the Congressional Record for H.R. 3082, the Full-Year Continuing Appropriations Act 2011.

The Full-Year Continuing Appropriations Act 2011 provides important protections to the United States food supply. However, it targets much of its focus on ``facilities'' as defined and registered under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the ``Bioterrorism Act''), codified in the Federal Food, Drug, and Cosmetic Act at Section 415 (21 U.S.C. Sec. 350d). That reference to ``facilities'' registered under the Bioterrorism Act has led to confusion. While some companies may have registered their operations as ``facilities'' under the Bioterrorism Act in an abundance of caution, those companies should not now become subject to the full range of FDA's jurisdiction as a result of this Bill.

It was never the intent of this legislation to include seed production or storage establishments in the definition of ``facility'', for purposes of either FFDCA Sec. 415 or for the Full-Year Continuing Appropriations Act 2011. In many respects, these establishments are similar to farms, which are exempted from Sec. 415's definition of ``facility''. Nevertheless, earlier lack of clarity as to Congress's intent

regarding this matter has led to confusion in an industry that has historically not been subject to regulation by FDA.

These establishments provide necessary agricultural inputs to growers of food, feed, fiber and fuel stocks. In some instances, seed grown in Southern Hemisphere countries is imported to provide American farmers fresh, quality seed for spring planting. Seed intended for planting is not food or feed and should not be regulated as such, at the border or anywhere else. It is not the intent of this bill to do so.

Madam Speaker, illegal penetrations or ``hacks'' of computer networks have become an increasingly serious homeland security issue. Not only do they threaten the personal fortunes and identities of our citizens but also the effective functioning of our government, our infrastructure, our economy, and our national security. As Americans at all levels of society--from their personal lives to their professional work--grow increasingly reliant on computers and those computers become ever more connected, the scope of this security vulnerability continues to expand at a dizzying rate. Over the past year or so, there has been an active Congressional debate about what should be done to address this significant homeland security vulnerability. The introduction of the ``Homeland Security Cyber and Physical Infrastructure Protection Act of 2010,'' is intended to refocus the debate away from Presidential Internet shut-down authority and other ``what ifs'' and back to the central Federal cybersecurity challenge--the mismatch between the Department of Homeland Security's, DHS, designation, since 2003, as the ``focal point for security of cyberspace,'' and the authorities conferred to DHS to fulfill its cybersecurity mission with respect to networks operated by Federal civilian agencies and critical infrastructure.

The ``Homeland Security Cyber and Physical Infrastructure Protection Act of 2010,'' seeks to enhance DHS' cybersecurity capacity by authorizing the DHS Office of Cybersecurity and Communications and creating a new Cybersecurity Compliance Division to oversee the establishment of performance-based standards responsive to the particular risks to the (1) .gov domain and (2) critical infrastructure networks, respectively. This bill is designed to require DHS to work with network operators to develop tailored security plans that meet risk-based, performance-based standards, as is being done in DHS' Chemical Facility Anti-terrorism program.

``Homeland Security Cyber and Physical Infrastructure Protection Act of 2010,'' is focused on providing the Department of Homeland Security, DHS, with the resources and authority that it needs to fulfill its Federal responsibility as the protector of our Nation's cyberspace. Specifically, the bill seeks to give DHS the resource and authority needed to strengthen the cybersecurity of (1) Federal government networks--the ``.gov'' domain--and (2) critical infrastructure in the private sector.

From a security and good-government standpoint, the way to deliver better cybersecurity is to leverage, modify, and enhance existing structures and efforts, rather than make wholesale bureaucratic changes. To that end, my bill authorizes a cybersecurity operation within the Department of Homeland Security that not only runs parallel to the Department's infrastructure protection work but also leverages, modifies, and enhances existing cybersecurity structures and programs. My bill specifically directs DHS to issue risk-based, performance-based cybersecurity standards for computer networks for systems in the .gov domain and those within the private sector that are within designated critical infrastructure.

For DHS' efforts to succeed, there needs to be ``buy-in'' on the front end and compliance on the hack end. The bill fosters ``buy-in'' from the operators of the civilian Federal networks by establishing a working group comprised of Federal agencies, and chaired by the Secretary of Homeland Security, that is responsible for establishing risk-based, performance-based standards and corresponding remedies, including penalties, for non-compliance with these standards. Similarly, to foster ``buy-in'' for risk-based, performance-based standards for the critical infrastructure firms, DHS is directed to develop the standards in consultation with a wide range of stakeholders--from the Intelligence Community to the heads of sector- specific agencies to councils representing the interests of private sector companies--and subject the standards to the notice and comment regulatory process.

With respect to compliance, my bill directs DHS to look at approaches to foster compliance--such as liability protection under the Safety Act--and grants DHS the authority to delegate enforcement to another Federal department that has an existing regulatory authority over that sector. In some cases, delegation will prevent private sector firms from being subjected to redundant and overlapping regulations.

To ensure compliance, civilian Federal networks will be regularly monitored by DHS to ensure that each agency is in compliance with the standards adopted by the Federal agency working group. The bill requires DHS to report infractions and corresponding remedies to the Office of Management and Budget, who, in turn, is required to execute the corresponding penalty or remedy.

My bill also includes a number of provisions to improve the reporting of cyber incidents, the sharing of information on cyber threats, the capacity of DHS to hire 500 additional cyber professionals and the level of cybersecurity research and development activities.

Taken together, the ``Homeland Security Cyber and Physical Infrastructure Protection Act of 2010,'' will make our Nation more secure and better position DHS--the ``focal point for the security of cyberspace,'' under Homeland Security Presidential Directive 7--to fulfill its critical homeland security mission. I urge Members to join me and cosponsor this important, common-sense homeland security legislation.

Mr. Speaker, I rise in strong support of the Senate Amendment to H.R. 3980, the Redundancy Elimination and Enhanced Performance for Preparedness Grants Act.

I would like to thank Representative Cuellar for introducing this legislation and my colleagues on the Committee on Homeland Security for helping to make this a truly bi-partisan effort.

For years, FEMA has struggled to establish a system for determining the effectiveness of the billions of dollars it gives to State, local, and tribal governments to help them prepare for natural disasters, acts of terrorism and other man-made disasters.

Such a system is essential to ensure that the taxpayers' money is being used wisely and effectively.

The Senate Amendment to H.R. 3980 would address this problem by requiring the FEMA Administrator to submit a plan to Congress for developing performance measures for its preparedness grants and streamlining the grant process by eliminating duplicative reporting requirements for grant recipients.

In October of 2009, the House Committee on Homeland Security's Subcommittee on Emergency Communications, Preparedness and Response, then chaired by Mr. Cuellar of Texas, held an oversight hearing into whether FEMA had a plan in place for performance measures for the approximately $29 billion in homeland security grants it had provided the nation.

At that hearing, it became evident that FEMA had not yet developed an effective system for measuring the effectiveness of its grants and that in administering them, it unnecessarily burdened State, local, and tribal governments by requiring grant recipients to submit duplicative information.

On November 2, 2009, Mr. Cuellar translated the Committee's oversight findings into legislation--H.R. 3980.

Under this bill, FEMA is required to work with State, local, tribal and territorial stakeholders to develop a plan to:

Streamline homeland security grant reporting requirements, rules and regulations to eliminate redundant reporting;

Develop a strategy that includes a set timeline to provide much needed performance metrics for grant programs and ensure that the funds are going to the areas where they will be the most beneficial; and

Require an inventory of each homeland security grant program that incorporates the purpose, objectives and performance goals of each program.

The Redundancy Elimination and Enhanced Performance for Preparedness Grants Act would require FEMA to provide the Committee on Homeland Security with the plan required by the bill not later than 90 days after enactment of the bill.

This bill would also require biannual updates to maintain a careful and watchful eye on redundancies in the law that might hamper or confuse grant recipients.

The House unanimously passed H.R. 3980 on Dec. 2, 2009, and the Senate passed an amendment in the nature of a substitute for H.R. 3980 on September 22, 2010.

The Senate improved upon the House-passed bill by requiring FEMA to task the National Academy of Public Administration, NAPA, to study, develop and recommend performance measures for grants the Department of Homeland Security administers.

As you know, Mr. Speaker, NAPA is a congressionally-chartered nonprofit organization that has extensive experience working on performance measurement and they will provide valuable expertise to

Mr. Speaker, over-classification of homeland security information is a major barrier to Federal efforts at fostering greater information sharing within the Federal Government as well as with State, local, and tribal entities, and the private sector.

H.R. 553, the Reducing Over-Classification Act, introduced by Congresswoman Jane Harman, tackles this practice in a comprehensive fashion. To that end, H.R. 553 establishes a Classified Information Advisory Officer within DHS's Office of Intelligence and Analysis to develop and disseminate educational materials for State, local, and tribal authorities and the private sector on how to challenge classification designations and, at the same time, assist with the security clearance process.

This bill also tackles the practice of over-classification within the larger Intelligence Community (IC) by directing the Director of National Intelligence to: take new, proactive, steps to promote appropriate access of information by Federal, State, local, and tribal governments with a need to know; issue guidance to standardize, in appropriate cases, the formats for classified and unclassified products; establish policies and procedures requiring the increased use of so-called ``tear lines'' portion markings in intelligence products to foster broader distribution to State, local, and tribal law enforcement and others who need to access such information; and require annual training for each IC employee with the authority to classify material.

I am pleased that H.R. 553 also directs originators of intelligence products to share information that could likely benefit first preventers on the beat with the IC's in-house team of first preventer analysts--the ``ITACG'' or ``Interagency Threat Assessment and Coordination Group.''

The ITACG analysts have the boots-on-the-ground perspective on what information lends itself to cops on the beat. Through this new process, we will have a new mechanism to tackle the stovepiping of information within the IC that we know cops need to keep their communities secure.

Reducing the amount of unnecessary classification and increasing the amount of information shared throughout the public and private sectors will contribute to improving or ability to detect, deter, and prevent terrorist plots.

Nine years after the attacks of September 11th, we must stand together and reject--once and for all--the practice of over- classification, an outgrowth of the outdated ``need to know'' paradigm.

Finally, I would like to applaud the Chairwoman of my Committee's Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment Subcommittee--Representative Harman. She has worked on this problem for many years and is a true champion for all the ``first preventers'' out there that have been kept from accessing intelligence information that they need to protect the public and should be commended for her steadfast efforts on this government-wide challenge.

I urge my colleagues to support this important homeland security bill so that we get it to the President's desk for his signature.