Floor Statements

Mr. Chairman, while not opposed to the amendment, I ask unanimous consent to claim in time in opposition.

Mr. Chair, the Roskam amendment builds on this effort to require TSA to engage in an open and constructive dialogue on the security priorities that matter most to State and local transit agencies. In these difficult times, it is more important than ever that we endeavor to make sure our State and local transit agencies are able to maximize their limited resources to implement effective and cost-effective security programs. The Roskam amendment supports that effort. Therefore, I urge my colleagues to vote ``aye'' on this amendment.

I reserve the balance of my time.

Mr. Chair, again, I support the amendment.

I yield back the balance of my time.

I rise in opposition, Mr. Speaker, but I'm not opposed to the motion.

Mr. Speaker, at the beginning, let me say that I am not in opposition to the motion to recommit. This motion to recommit builds on the underlying provisions of this bill. But it also recognizes that the President has significant responsibility in making sure that Americans are kept safe.

I also support the fact that anyone who was detained at Guantanamo should be on the No Fly List. This motion to recommit does that. And I support it. I can accept it.

I yield back the balance of my time.

Mr. Speaker, pursuant to the instructions of the House in the motion to recommit, I report the bill, H.R. 2200, back to the House with an amendment.

Mr. Speaker, I demand a recorded vote.

Mr. Speaker, I demand a recorded vote.

Madam Speaker, I ask unanimous consent that in the engrossment of H.R. 2200, the Clerk be authorized to correct section numbers, punctuation, cross-references, and to make such other technical and conforming changes as may be necessary to accurately reflect the actions of the House.

Madam Speaker, I rise today, to recognize the christening of the USS Gravely, the 57th Arleigh Burke class Aegis Guided Missile Destroyer, in honor of the late Vice Admiral Samuel L. Gravely, Jr.

Samuel L. Gravely, born in Richmond, Virginia in 1922, was the first African American to command a fighting ship (USS Falgout) and to command a major warship (USS Jouett). As a full commander, he made naval history in 1966 as the first African American commander to lead a ship--the USS Taussig--into direct offensive action. He was the first African American to achieve flag rank and eventually Vice Admiral.

In 1942, Gravely interrupted his education at Virginia Union University and enlisted in the U.S. Naval Reserve. He attended Officer Training Camp at the University of California in Los Angeles after boot camp at the Great Lakes Naval Training Station in Illinois, and then midshipman school at Columbia University. When he boarded his first ship in May of 1945, he became its first African American officer.

In 1945, when his first ship reached its berth in Key West, Florida, he was specifically forbidden entry into the Officers' Club on the base. Gravely survived the indignities of racial prejudice and displayed unquestionable competence as a naval officer.

Vice Admiral Gravely's tenure in the naval service was challenged with the difficulties of racial discrimination. As a new recruit, he was trained in a segregated unit; as an officer, he was barred from living in the Bachelor's Officers' Quarters.

Gravely exemplified the highest standards and demanded very high standards from his crew. Vice Admiral Gravely was a trailblazer for African Americans in the military arena. He fought for equal rights quietly but effectively, letting his actions speak for him. Vice Admiral Gravely died on October 22, 2004, at the naval hospital in Bethesda, Maryland.

Samuel L. Gravely, Jr.'s performance and leadership as an African American naval officer demonstrated to America the value and strength of diversity. Gravely was a true professional with superb skills as a seaman and admirable leadership attributes. His spirit aboard the USS Gravely will be an inspiration to its crew, the United States Navy, and America for generations to come.

Madam Speaker, I rise to speak in support of legislation I introduced today with the Ranking Member of the Homeland Security Committee, Mr. King, and the Chairman and Ranking Member of the Subcommittee on Emerging Threats, Cybersecurity, Science an Technology, Ms. Clarke and Mr. Lungren.

The electric grid is highly dependent on computer-based control systems. These systems are increasingly connected to open networks such as the Internet, exposing them to cyber risks. Any failure of our electric grid, whether intentional or unintentional, would have a significant and potentially devastating impact on our Nation.

For years, my Committee has been concerned about this possibility. In 2007, the Committee learned that the electric industry was not mitigating a dangerous control system vulnerability known as ``Aurora.'' We launched a series of investigations and held two hearings to understand what was being done in the public and private sectors to mitigate this and other cyber vulnerabilities.

The findings were disturbing. Most of the electric industry had not completed the recommended mitigations, despite being advised to do so by the Federal Energy Regulatory Commission and the North American Electric Reliability Corporation. This effectively left many utilities vulnerable to attacks. Furthermore, in spite of existing mandatory cybersecurity standards, the North American Electric Reliability Corporation (``NERC'') recently reported that many utilities are underreporting their critical cyber assets, potentially to avoid compliance requirements.

We must ensure that the proper protections, resources and regulatory authorities are in place to address any threat aimed at our power system. The Critical Electric Infrastructure Protection Act will do four things to improve our defensive posture:

Provides FERC with the authorities necessary to issue emergency orders to owners and operators of the electric grid after receiving a finding from DHS about a credible cyber attack.

Requires FERC to establish interim measures deemed necessary to protect against known cyber threats to critical electric infrastructure. This will improve existing mandatory standards.

Requires DHS to perform ongoing cybersecurity vulnerability and threat assessments to the critical electric infrastructure, and provide mitigation recommendations to eliminate those vulnerabilities and threats.

Requires DHS to conduct an investigation to determine if the security of Federally-owned critical electric infrastructure has been compromised by outsiders.

I believe that this legislation adopts a common-sense approach towards securing our electric grid from cyber attack, and I look forward to working with the Senate and the rest of our colleagues on bipartisan, bicameral basis to see that this bill is enacted.

Madam Speaker, I would like to congratulate the 2009 Mississippi Teacher of the Year, Stacey Donaldson.

The Teacher of the Year program, sponsored by the state Department of Education and the Mississippi Teacher Center, awards certified public school teachers for their outstanding performance. Donaldson, a 37- year-old Murrah High School English teacher, was selected for exhibiting leadership, excelling in the classroom and being active in her community.

Stacey, a graduate of University of Southern Mississippi, obtained a bachelor's degree in Broadcast Journalism and a minor in speech communications. She worked as a broadcast journalist before changing careers and becoming a teacher. Stacey earned a master of teaching degree from William Carey College and became a national board certified teacher and completed the Advanced Placement Institute at Millsaps College.

Prior to teaching at Murrah H.S., Ms. Donaldson taught at Bassfield High School in the Jefferson Davis School District and at Sumner Hill Junior High in Clinton, MS. ``The art of teaching is bigger than the subject one teaches,'' Donaldson said. It is no surprise to those who know Stacey best that she would be recognized for her achievements. Donaldson's father, Allen Hall, ``noticed his daughter's potential and encouraged her to be the best she could be''. With this in mind, Stacey serves as a member of the Murrah site council and sponsor of the school's Not Here Club, which discourages students from substance abuse, as well as coordinates Murrah's Seatbelt Safety Project.

Stacey's husband, Johnny Donaldson, describes her as passionate, hardworking and devoted. She is the mother of two daughters, 10-year old Camaryn and 5-year old Cailyn. In addition to her role as wife, mother and teacher, Stacey finds time to give back to her church and community. She is a member of Greater New Jerusalem's scholarship committee and is a young women's ministry volunteer for the Sims House Stewpot Ministries.

I am very proud of Ms. Donaldson and all of her accomplishments. She is truly a remarkable example of the talented, dedicated and hardworking teachers that help to educate Mississippi's best and brightest children.

Please join me today in congratulating Ms. Stacey Donaldson, the 2009 Mississippi Teacher of the Year.

Madam Speaker, I am pleased to join Congresswoman Lowey and Congresswoman Jackson-Lee in introducing today a bill that will bring parity to Transportation Security Administration (TSA) employees and ensures security. This legislation would provide the same rights to all TSA employees, including the Transportation Security Officers (TSOs) (i.e., screeners), as those already enjoyed by employees at the Department of Homeland Security (DHS) and numerous front-line security agencies throughout the country, including state law enforcement agencies.

In the 110th Congress, The Committee on Homeland Security worked to give a broad range of rights to the Transportation Security Administration workforce in H.R. 1, Implementing the Recommendations of the 9/11 Commission Act of 2007. Basic workplace protections and collective bargaining rights were a key part of this effort. While the House passed these important measures and the Senate followed suit, to avoid a veto from the Bush Administration, these protections were stripped from the conference report. This bill renews and improves upon this effort by increasing the quality of the entire TSA workforce and not just a smaller part of it. This bill will increase security by improving workforce morale and employee retention, and will put workers in a position to expose security gaps and put TSA on par with other DHS components.

In 2001, when TSA was created, Congress provided discretionary authority allowing TSA to create different classes of employees, each with different rights and protections. Specifically, the 107th Congress and President Bush gave the TSA Administrator the discretionary authority to set up two different TSAs. One group of TSA employees would be given one set of rights and the other group, the TSOs (i.e., screeners), could be treated differently, with respect to conditions and benefits of employment, discipline, compensation, leave, and other basic employment rights.

Under then TSA Administrator, Admiral James Loy, the Bush Administration exercised discretionary authority to create two classes of TSA employees by denying the TSOs certain employment rights. While this discretionary authority helped quickly establish and stand-up TSA, as intended by the 107th Congress and the Bush Administration, it was, and continues to be the impetus for low employee morale and diminished transportation security.

From survey results to testimony over the past several years, we have seen that the TSA workforce is frustrated by the lack of recognition and rewards for performance and promotion practices, confused by different policies and procedures on leave, training, and other administrative matters.

On March 5, 2009, a House Homeland Security Subcommittee received testimony from employee representatives of the workforce. All of TSA operates under a separate personnel system than other DHS components. Further, the TSO workforce is not allowed to collectively bargain in contrast with the CBP workforce and others across the federal government, including state law enforcement. These discrepancies and differences lead to confusion, frustration and further erode morale.

The time for personnel experiments is now over. The employees of TSA deserve to be treated like their fellow employees in the DHS and across the Federal government--fairly and equitably. Providing basic employment protections and rights is critical to instill confidence in the workforce. The time for two classes of TSA employees is over--this bill eliminates this dichotomy.

This legislation brings parity to the TSA workforce. The bill affords the workforce the same rights and protections their colleagues across the federal government and the Department enjoy under Title 5 of the United States Code and other civil service laws such as provisions of the Federal Labor Standards Act, Equal Pay Act, Age Discrimination in Employment Act and the Rehabilitation Act, among others.

The legislation aims to transition the 60,000 plus TSA workforce in a responsible way from its current and varied personnel systems to that of Title 5. It provides the Secretary and Assistant Secretary the discretion on how and when to move to the new system, although not later than 60 days after the date of enactment. It also provides a window for the transition to allow for consultation with employee representatives and communication with the workforce. Further, it ensures that no employee will lose any pay, accrued leave or health benefit that is currently afforded to them.

To truly provide comprehensive transportation security, it must start with those who provide the security--in this case all TSA employees, including the TSOs. We must set up a system where all TSA employees are protected, otherwise we will have a system that treats colleagues differently and remains inefficient to the extent of hindering transportation security. In the end, by creating one TSA as a part of one DHS the American public truly receives national security.

We look forward to working with our colleagues to put the TSA workforce in a system that has stood the test of time and shown itself to be fair and equitable.

Mr. Speaker, I rise today in support of H.R. 1617, the Department of Homeland Security Component Privacy Officer Act of 2009.

The Department's Chief Privacy Officer has the distinction of being the first-ever statutorily-created Federal Privacy Officer.

Along those same lines, this bill, introduced by Representative Carney, the Chairman of our Management Subcommittee, would make DHS the first Federal agency to have statutorily-required privacy officers in all its major component agencies.

To be effective, privacy officers need to be where the action is happening, not waiting for notice after key decisions have already been made.

However, currently, if the Department's Chief Privacy Officer needs information concerning programs and policies that impact privacy rights, he has to go through the head of the relevant component.

Sometimes this information is shared, sometimes it is not.

When it is not, we have seen major privacy missteps, wasted Federal tax dollars, and even cancelled programs.

Under this bill, the Transportation Security Administration, Customs and Border Protection, Immigration and Customs Enforcement, FEMA, and Coast Guard are among the key components that would receive a privacy officer.

Placing Privacy Officers in these key component agencies is the first step in ensuring that privacy protections are in place at the beginning of the policymaking process.

This bill was informed by an investigation by the Government Accountability Office, internal discussions with the Department's Office of Privacy, and publications released by the DHS Chief Privacy Officer.

Moreover, this legislation was approved overwhelmingly by voice vote when considered by the House in the 110th Congress.

I urge my colleagues to join me in supporting this legislation that will help ensure the effective operations of the Department of Homeland Security.

Mr. Speaker, I rise in support of H.R. 1148, a bill that will enhance the Department of Homeland Security's ability to execute its border security mission in the maritime environment.

Specifically, H.R. 1148 seeks to enhance DHS's ability to harness technology successfully piloted by the Coast Guard and US-VISIT program since November 2006 to identify dangerous people before they enter our shores.

Under this program, biometrics collected from individuals interdicted--at sea--are run, in real time, against our terrorist and criminal databases.

Today, state-of-the-art handheld scanners are used by DHS personnel to collect biometric information from individuals encountered at sea.

As of March 3, 2009, DHS has collected biometric information from 2,455 individuals interdicted in the Mona Pass--the 90-mile stretch between Puerto Rico and the Dominican Republic.

Through these checks, nearly 600 people have been found to have outstanding wants and warrants in the U.S.

Federal prosecutors have successfully prosecuted 271 or 45% of the matched individuals.

This program is appropriately targeted to help break the cycle of individuals who are known criminals or criminal suspects being repatriated through U.S. borders, without prosecution.

It is also worth noting that, as considered today, the Secretary of Homeland Security is given wide discretion to come up with the parameters of the maritime biometric program, including a determination as to which DHS components will participate.

Last Congress, nearly identical legislation was passed in the House by a vote of 394 to 3, with one Member voting present.

I am committed to working with Secretary Napolitano, Representative Bilirakis and other key stakeholders to ensure that the language of H.R. 1148 is clarified and strengthened as it moves through the legislative process.

I urge passage of this important homeland security legislation that will help enhance the security of our maritime borders.

Mr. Speaker, H.R. 730, the ``Nuclear Forensics and Attribution Act,'' was first introduced in the 110th Congress by the gentleman from California, Mr. Schiff.

That measure, H.R. 2631, was marked up and adopted unanimously by the Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology in October 2007.

It was unanimously approved by the Full Committee on Homeland Security on May 20 of 2008 and the House of Representatives on June 18, 2008.

Though the measure was taken up, amended, and passed by the Senate in late September, the stars didn't align and it didn't clear the last hurdle to arrive on the President's desk.

This Congress, we are getting out of the gate early, in hopes of ensuring that this critical homeland security legislation becomes law.

I would like to congratulate Congressman Schiff, my colleagues on the Committee for recognizing the need to move quickly.

We know that our enemies, both terrorists and rogue nations, are interested in developing and using nuclear or radiological weapons.

In the case of an attempted or, heaven forbid, a successful nuclear or radiological attack, rapid attribution is critical.

Our government must have the capacity to quickly determine the source of the nuclear material so that the key decision-makers have the information needed to respond.

The deterrent effect of a robust nuclear forensics capability should not be underestimated.

Certainly, if terrorists know that we have a nuclear forensics capability that can pinpoint their role in creating a bomb, they are bound to have second thoughts.

Unfortunately, today, the U.S. must rely on forensic expertise and technology developed during the Cold War to address both nuclear weapons and the emerging threat of a radiological ``dirty'' bomb.

The nuclear weapons workforce is aging just as its mission has shifted from traditional deterrence policy to the more complicated challenge of containing the terrorist threat.

Our Nation's capabilities in the scientific fields of radio-chemistry and geo-chemistry must be fostered to meet this new threat.

That is the purpose of this bill.

H.R. 730 expresses the sense of Congress that the President should pursue international agreements and develop protocols to share sensitive information needed to identify the source of a nuclear detonation.

I am heartened that the Obama Administration has indicated its willingness to engage in and re-energize such activities.

It also tasks the Secretary of Homeland Security with the mission of developing methods to attribute nuclear or radiological material--both within the Department's Domestic Nuclear Detection Office, DNDO, and in partnership with other Federal agencies.

The legislation emphasizes that the development of a robust nuclear forensics capability depends chiefly on an expertly trained workforce in this area and provides support for education programs relevant to nuclear forensics.

H.R. 730 also--authorizes the National Technical Nuclear Forensics Center, NTNFC, to enhance centralized planning and integration of Federal nuclear forensics activities; requires the Secretary to report annually to Congress on the Federal Government's efforts to enhance its nuclear forensics capabilities, including the status of workforce development programs; and authorizes $30 million per year for the next three fiscal years for this effort.

H.R. 730 continues the Homeland Security Committee's practice of authorizing programs and offices within DHS that are of value to the agency's mission in order to assure that the work can continue and progress can be achieved in the years to come.

I urge my colleagues to support the bill.

Mr. Speaker, I rise in support of H. Res. 201, which recognizes the life of Beverly Eckert, a co-founder of ``Voices of September 11th'' and the widow of Sean Rooney, who was killed in the Twin Towers on September 11th.

Ms. Eckert worked tirelessly for ``Voices of September 11th,'' an advocacy and support group of widows, mothers, and children of the victims of 9/11, which served as a driving force for intelligence and homeland security in the wake of the attacks of September 11, 2001. After the attacks, Beverly Eckert focused all of her emotions into organized advocacy for government accountability and future transparency to make our Nation more secure. Ms. Eckert was faced with opposition and indifference, but she continued to press forward in her fact-finding and preventative efforts.

Her strong, constant voice led to the creation of the National Commission on Terrorists Attack Upon the United States--or the 9/11 Commission. After the Commission's formation, Eckert continued her mission by participating in hearings and demanding implementation of the Commission's recommendations. During testimony as a member of the 9/11 Commission's Family Steering Committee, Eckert praised the Commission for their efforts to completely inform the public as to the failures on September 11th through public hearings and reports. She also warned Congressional members and the White House in regards to the Commission's recommendations that, unlike other commission recommendations, implementation of 9/11 Commission recommendations would be necessary because ``there is no shelf on which they can be hidden.'' To that end she successfully pushed for the passage of the ``Implementing Recommendations of the 9/11 Commission Act of 2007.''

In conclusion, Beverly Eckert was a tenacious citizen who nudged and prodded the leaders of this Nation to look at their mistakes and implement the steps to correct them. Ms. Eckert was not interested in partisanship, fear-mongering, or saber-rattling. She was a woman who made sure that the death of her husband and those who died on September 11th would not be in vain. In that process, she reinforced the message that you can make a difference and that we, as a nation, should not give into the fear of terrorism.

I urge my colleagues to support the resolution and formally recognize Ms. Beverly Eckert for her continued work to ensure that the victims and families of the September 11th attacks are never forgotten and to ensure that our country is protected from such attacks in the future.

Mr. Speaker, I rise to support H.R. 842, a bill to designate the United States Courthouse under construction in Jackson, Mississippi, as the R. Jess Brown United States Courthouse.

Mr. Speaker, R. Jess Brown was born September 12, 1912, in Coffeyville, Kansas. His parents, Ernestine and Joe Brown, were jazz musicians, vaudeville performers and theater managers.

Jess received a bachelor of science in industrial arts from Illinois State Normal University and a master of science in education in the area of industrial education from Indiana University in Bloomington, Indiana.

After teaching at Alcorn State University, Mr. Brown moved to Jackson, Mississippi, where he taught industrial arts at Lanier High School, the only black high school in the City of Jackson, Mississippi, at that time. While teaching at Lanier, Mr. Brown became an intervening plaintiff in a lawsuit that sought equal pay for all teachers in Jackson, Mississippi.

After teaching in Jackson, Jess attended Texas Southern University Law School. Jess left the law school before receiving his juris doctorate, but was able to go back to Mississippi and pass the Mississippi bar in 1953. After passing the bar, Mr. Brown began practicing law in Vicksburg, Mississippi.

As a young lawyer, Jess confined his practice to cases involving divorces, deeds, land titles and other practices that did not disturb white members of the bar. However, after the Brown v. Topeka Board of Education ruling, Brown felt compelled to defend the civil rights of African Americans.

In the fall of 1955, the conditions and hardships endured by black lawyers in the courts led Mr. Brown and seven other black attorneys to establish the Magnolia Bar Association. Mr. Speaker, Mr. Brown is credited with filing the first civil rights lawsuit in Mississippi. This lawsuit, on behalf of a Jefferson County minister, challenged laws that prevented blacks from voting.

Mr. Speaker, R. Jess Brown has an extensive record as a civil rights lawyer. Among his many cases, Mr. Brown represented Clyde Kennard after he was arrested while trying to enroll at the University of Southern Mississippi.

Jess served as co-counsel for James Meredith's lawsuit to enter the University of Mississippi. This case was the ultimate cause of the integration of that university.

Mr. Brown represented Dr. Gilbert Mason when he and others were arrested in their efforts to end racial segregation on the beaches of Biloxi, Mississippi.

He represented Medgar Evers and Dr. Aaron Henry as they fought for civil rights in the 1960s and 1970s.

Mr. Speaker, Mr. Brown was admitted to practice law before all courts in Mississippi, the United States District Court for the Northern District of Mississippi, the United States District Court for the Southern District of Mississippi, the United States Court of Appeals for the Fifth Circuit and the United States Supreme Court. Mr. Brown also served on the executive board of the National Bar Association for approximately 15 years.

Mr. Speaker, on January 2, 1990, R. Jess Brown died in Jackson, Mississippi, at the age of 77.

Mr. Speaker, R. Jess Brown did many great things for the people of Mississippi, and he has received many accolades for his accomplishments. As I stand here today, in part because of the efforts of Jess Brown, I can think of few other people as worthy of having their name on the Mississippi courthouse under construction in Jackson, Mississippi, as R. Jess Brown.

Mr. Speaker, I urge my colleagues to join me in supporting H.R. 842.

Mr. Speaker, I rise today in support of House Resolution 195.

As Chairman of the Committee on Homeland Security, it is an honor for me to join Mr. Bilirakis in recognizing the employees of the Department of Homeland Security on the sixth anniversary of the Department's inception.

Since its creation, the Department's mission has continued to grow and evolve. While the initial impetus for the Department's creation was the horrific terrorist attacks of September 11th, the Department has since grown into an agency that is charged with not only protecting us from terrorism, but also protecting us from dangerous goods, emerging threats, and coordinating response to catastrophic incidents.

Despite a host of challenges and repeated internal reorganization, the Department's employees have worked tirelessly to ensure continued security for all Americans. Their dedication in the face of frequent internal adversity is to be commended.

The Department's employee workforce represents hundreds of occupations, from scientists to emergency managers to border patrol agents to economists. And, although the make-up of the Department is diverse and employee responsibilities are plentiful, all of its employees are united in carrying out the Department's mission to protect the American people, reduce the risk of terrorist attacks, and enhance the Nation's preparedness and response capabilities.

I pledge to them, that I will continue to work to ensure that employees have the necessary resources and training to do their jobs. These dedicated individuals should also be afforded with full protections and rights that are given to other employees in the federal government.

As the Chairman of the Homeland Security Committee, I have repeatedly challenged the Department's senior leaders to make the Department a top-notch agency. I believe that the Department's workforce cannot be taken for granted.

With the change in leadership at DHS, there is a real opportunity to improve morale by investing in the men and women that help keep the nation secure. I look forward to working with Secretary Napolitano and the rest of the Department's leadership to make sure that they get the training, resources, and support that they need.

I urge my colleagues to support the resolution and thank the men and women who make up the Department of Homeland Security for their constant vigilance and commitment.

Madam Speaker, today I rise to recognize the life and legacy of Mr. Bennie Gooden, a dedicated civil servant who contributed so much to the lives of others in Mississippi. His dedication to public service began with his tenure as a teacher in Coahoma Agricultural High School and later Dean of Men at Coahoma Community College. Afterward, he transitioned to being the first Project Director for the HeadStart Program in Coahoma and Tunica Counties.

Madam Speaker, not only did Bennie serve in the arena of education, but he was an advocate of affordable housing for all. In 1969, he led the Chapel Hill Baptist Church in the ownership and development of a 100-unit housing development, Chapel Hill Heights. He was a Certified Real Estate Manager, CREM, and managed multi-family housing units throughout the Southeast in a career which spanned 35 years. One can understand why his name, particularly in the Mississippi Delta, is synonymous with ``housing.''

Madam Speaker, Bennie amassed many honors and was involved with an impressive list of religious, civic and community endeavors in his life, which include: being a member of the Coahoma County Branch NAACP for more than 50 years, past President of the Aaron E. Henry Community Health Services Center, Inc., he served on the Advisory Board of the Lower Mississippi Delta Development Commission, he was appointed by President Jimmy Carter to serve on the Board of Directors of the National Institute for the Building Sciences, and he received the Medgar Evers Award for Outstanding Civic Community Leadership, and the Coahoma County Branch NAACP Spirit and Freedom Award.

Without Bennie Gooden's support, I would not be in the position I am today. Madam Speaker, I'm grateful for his presence in my life and the lives of Mississippians all around our great state.

Madam Speaker, pursuant to Rule XI, Clause 2(a)(2) of the Rules of the House of Representatives, I respectfully submit the rules for the 111th Congress for the Committee on Homeland Security for publication in the Congressional Record. The Committee adopted these rules by unanimous consent, with a quorum being present, at our organizational meeting on February 4, 2009.

Committee on Homeland Security, Committee Rules, Adopted February 4,

2009

rule i.--general provisions

(A) Applicability of the Rules of the U.S. House of

Representatives.--The Rules of the U.S. House of

Representatives (the ``House'') are the rules of the

Committee on Homeland Security (the ``Committee'') and its

subcommittees insofar as applicable.

(B) Applicability to Subcommittees.--Except where the terms

``Full Committee'' and ``subcommittee'' are specifically

mentioned, the following rules shall apply to the Committee's

subcommittees and their respective Chairmen and Ranking

Minority Members to the same extent as they apply to the Full

Committee and its Chairman and Ranking Minority Member.

(C) Appointments by the Chairman.--The Chairman shall

designate a Member of the Majority party to serve as Vice

Chairman of the Full Committee. The Vice Chairman of the Full

Committee shall preside at any meeting or hearing of the Full

Committee during the temporary absence of the Chairman. In

the absence of both the Chairman and Vice Chairman, the

Chairman's designee shall preside.

(D) Recommendation of Conferees.--Whenever the Speaker of

the House is to appoint a conference committee on a matter

within the jurisdiction of the Full Committee, the Chairman

shall recommend to the Speaker of the House conferees from

the Full Committee. In making recommendations of Minority

Members as conferees, the Chairman shall do so with the

concurrence of the Ranking Minority Member of the Committee.

(E) Motions to Disagree.--The Chairman is directed to offer

a motion under clause 1 of Rule XXII of the Rules of the

House whenever the Chairman considers it appropriate.

(F) Committee Website.--The Chairman shall maintain an

official Committee website for the purposes of furthering the

Committee's legislative and oversight responsibilities,

including communicating information about the Committee's

activities to Committee Members, other Members, and the

public at large. The Ranking Minority Member may maintain a

similar website for the same purposes.

rule ii.--time of meetings

(A) Regular Meeting Date.--The regular meeting date and

time for the transaction of business of the Full Committee

shall be on the first Wednesday that the House is in Session

each month, unless otherwise directed by the Chairman.

(B) Additional Meetings.--At the discretion of the

Chairman, additional meetings of the Committee may be

scheduled for the consideration of any legislation or other

matters pending before the Committee or to conduct other

Committee business. The Committee shall meet for such

purposes pursuant to the call of the Chairman.

(C) Consideration.--Except in the case of a special meeting

held under clause 2(c)(2) of House Rule XI, the determination

of the business to be considered at each meeting of the

Committee shall be made by the Chairman.

rule iii.--notice and publication

(A) Notice.--

(1) Hearings.--Pursuant to clause 2(g)(3) of rule XI of the

Rules of the House of Representatives, the Chairman of the

Committee shall make public announcement of the date, place,

and subject matter of any hearing before the Full Committee

or subcommittee at least one week before the commencement of

the hearing. However, if the Chairman of the Committee, with

the concurrence of the Ranking Minority Member, determines

that there is good cause to begin the hearing sooner, or if

the Committee so determines by majority vote, a quorum being

present for the transaction of business, the Chairman shall

make the announcement at the earliest possible date. The

names of all witnesses scheduled to appear at such hearing

shall be provided to Members no later than 48 hours prior to

the commencement of such hearing.

(2) Meetings.--The date, time, place and subject matter of

any meeting, other than a hearing or a regularly scheduled

meeting, shall be announced at least 36 hours in advance of a

meeting, excluding Saturdays, Sundays, and Federal Holidays

except when the House is in session on such a day, to take

place on a day the House is in session, and 72 hours in

advance of a meeting, excluding Saturdays, Sundays, and

Federal Holidays except when the House is in session on such

a day, to take place on a day the House is not in session,

except in the case of a special meeting called under clause

2(c)(2) of House Rule XI. These notice requirements may be

waived by the Chairman with the concurrence of the Ranking

Minority Member.

(a) Copies of any measure to be considered for approval by

the Committee at any meeting, including any mark, print or

amendment in the nature of a substitute shall be provided to

the Members at least 24 hours in advance.

(b) The requirement in subsection (a) may be waived or

abridged by the Chairman, with advance notice to the Ranking

Minority Member.

(3) Publication.--The meeting or hearing announcement shall

be promptly published in the Daily Digest portion of the

Congressional Record. To the greatest extent practicable,

meeting announcements shall be entered into the Committee

scheduling service of the House Information Resources.

Rule IV.--OPEN MEETINGS AND HEARINGS; BROADCASTING

(A) Open Meetings.--All meetings and hearings of the

Committee shall be open to the public including to radio,

television, and still photography coverage, except as

provided by Rule XI of the Rules of the House or when the

Committee, in open session and with a majority present,

determines by recorded vote that all or part of the remainder

of that hearing on that day shall be closed to the public

because disclosure of testimony, evidence, or other matters

to be considered

would endanger the national security, compromise sensitive

law enforcement information, tend to defame, degrade or

incriminate a witness, or violate any law or rule of the

House of Representatives.

(B) Broadcasting.--Whenever any hearing or meeting

conducted by the Committee is open to the public, the

Committee shall permit that hearing or meeting to be covered

by television broadcast, internet broadcast, print media, and

still photography, or by any of such methods of coverage, in

accordance with the provisions of clause 4 of Rule XI of the

Rules of the House. Operation and use of any Committee

operated broadcast system shall be fair and nonpartisan and

in accordance with clause 4(b) of Rule XI and all other

applicable rules of the Committee and the House. Priority

shall be given by the Committee to members of the Press

Galleries.

(C) Transcripts.--A transcript shall be made of the

testimony of each witness appearing before the Committee

during a Committee hearing. All transcripts of meetings or

hearings that are open to the public shall be made available.

Rule V.--PROCEDURES FOR MEETINGS AND HEARINGS

(A) Opening Statements.--At any meeting of the Committee,

the Chairman and Ranking Minority Member shall be entitled to

present oral opening statements of five minutes each. Other

Members may submit written opening statements for the record.

The Chairman presiding over the meeting may permit additional

opening statements by other Members of the Full Committee or

of that subcommittee, with the concurrence of the Ranking

Minority Member.

(B) The Five-Minute Rule.--The time any one Member may

address the Committee on any bill, motion, or other matter

under consideration by the Committee shall not exceed five

minutes, and then only when the Member has been recognized by

the Chairman, except that this time limit may be extended

when permitted by unanimous consent.

(C) Postponement of Vote.--The Chairman may postpone

further proceedings when a record vote is ordered on the

question of approving any measure or matter or adopting an

amendment. The Chairman may resume proceedings on a postponed

vote at any time, provided that all reasonable steps have

been taken to notify Members of the resumption of such

proceedings. When proceedings resume on a postponed question,

notwithstanding any intervening order for the previous

question, an underlying proposition shall remain subject to

further debate or amendment to the same extent as when the

question was postponed.

(D) Contempt Procedures.--No recommendation that a person

be cited for contempt of Congress shall be forwarded to the

House unless and until the Full Committee has, upon notice to

all its Members, met and considered the alleged contempt. The

person to be cited for contempt shall be afforded, upon

notice of at least 72 hours, an opportunity to state why he

or she should not be held in contempt prior to a vote of the

Full Committee, with a quorum being present, on the question

whether to forward such recommendation to the House. Such

statement shall be, in the discretion of the Chairman, either

in writing or in person before the Full Committee.

Rule VI.--WITNESSES

(A) Questioning of Witnesses.--

(1) Questioning of witnesses by Members will be conducted

under the five-minute rule unless the Committee adopts a

motion permitted by House Rule XI (2)(j)(2).

(2) In questioning witnesses under the 5-minute rule, the

Chairman and the Ranking Minority Member shall first be

recognized. In a subcommittee meeting or hearing, the

Chairman and Ranking Minority Member of the Full Committee

are then recognized. All other Members that arrive before the

commencement of the meeting or hearing will be recognized in

the order of seniority on the Committee, alternating between

Majority and Minority Members. Committee Members arriving

after the commencement of the hearing shall be recognized in

order of appearance, alternating between Majority and

Minority Members, after all Members present at the beginning

of the hearing have been recognized. Each Member shall be

recognized at least once before any Member is given a second

opportunity to question a witness.

(3) The Chairman, in consultation with the Ranking Minority

Member, or the Committee by motion, may permit an extension

of the period of questioning of a witness beyond five minutes

but the time allotted must be equally apportioned to the

Majority party and the Minority and may not exceed one hour

in the aggregate.

(4) The Chairman, in consultation with the Ranking Minority

Member, or the Committee by motion, may permit Committee

staff of the Majority and Minority to question a witness for

a specified period of time, but the time allotted must

be equally apportioned to the Majority and Minority staff

and may not exceed one hour in the aggregate.

(B) Minority Witnesses.--Whenever a hearing is conducted by

the Committee upon any measure or matter, the Minority party

Members on the Committee shall be entitled, upon request to

the Chairman by a Majority of those Minority Members before

the completion of such hearing, to call witnesses selected by

the Minority to testify with respect to that measure or

matter during at least one day of hearing thereon.

(C) Oath or Affirmation.--The Chairman of the Committee or

any Member designated by the Chairman, may administer an oath

to any witness.

(D) Statements by Witnesses.--

(1) Consistent with the notice given, witnesses shall

submit a prepared or written statement for the record of the

proceedings (including, where practicable, an electronic

copy) with the Clerk of the Committee no less than 48 hours

in advance of the witness's appearance before the Committee.

Unless the 48 hour requirement is waived or otherwise

modified by the Chairman after consultation with the Ranking

Minority Member, the failure to comply with this requirement

may result in the exclusion of the written testimony from the

hearing record and/or the barring of an oral presentation of

the testimony.

(2) To the greatest extent practicable, the written

testimony of each witness appearing in a non-governmental

capacity shall include a curriculum vitae and a disclosure of

the amount and source (by agency and program) of any Federal

grant (or subgrant thereof) or contract (or subcontract

thereof) received during the current fiscal year or either of

the two preceding fiscal years by the witness or by an entity

represented by the witness to the extent that such

information is relevant to the subject matter of, and the

witness' representational capacity at, the hearing.

Rule VII.--QUORUM

Quorum Requirements.--Two Members shall constitute a quorum

for purposes of taking testimony and receiving evidence. One-

third of the Members of the Committee shall constitute a

quorum for conducting business, except for (1) reporting a

measure or recommendation; (2) closing Committee meetings to

the public, pursuant to Committee Rule IV; (3) authorizing

the issuance of subpoenas; and (4) any other action for which

an actual majority quorum is required by any rule of the

House of Representatives or by law. The Chairman shall make

reasonable efforts, including consultation with the Ranking

Minority Member when scheduling meetings and hearings, to

ensure that a quorum for any purpose will include at least

one Minority Member of the Committee.

Rule VIII.--DECORUM

(A) Breaches of Decorum.--The Chairman may punish breaches

of order and decorum, by censure and exclusion from the

hearing; and the Committee may cite the offender to the House

for contempt.

(B) Access to Dais.--Access to the dais before, during, and

after a hearing, markup, or other meeting of the Committee

shall be limited to Members and Staff of the Committee.

Subject to availability of space on the dais, Committee

Members' personal staff may be present on the dais during a

hearing if their employing Member is seated on the dais and

during a markup or other meeting if their employing Member is

the author of a measure or amendment under consideration by

the Committee, but only during the time that the measure or

amendment is under active consideration by the Committee, or

otherwise at the discretion of the Chairman or Ranking

Minority Member.

(C) Wireless Communications Use Prohibited.--During a

hearing, mark-up, or other meeting of the Committee, ringing

or audible sounds or conversational use of cellular

telephones or other electronic devices is prohibited in the

Committee room.

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 553) to require the Secretary of Homeland Security to develop a strategy to prevent the over-classification of homeland security and other information and to promote the sharing of unclassified homeland security and other information, and for other purposes.

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material on the bill under consideration.

Madam Speaker, I would like to include an exchange of letters between the distinguished chairman of the Committee on Oversight and Government Reform and myself.

House of Representatives, Committee on Oversight and

Government Reform,

Washington, DC, February 2, 2009.

Hon. Bennie G. Thompson,

Chairman, Committee on Homeland Security, Washington, DC.

Dear Chairman Thompson:

I am writing about H.R. 553, the Reducing Over-

Classification Act of 2009, which was introduced by Rep.

Harman on January 15, 2009, and referred to the Committee on

Homeland Security.

I appreciate your effort to consult with the Committee on

Oversight and Government Reform regarding H.R. 553. In

particular, I appreciate your willingness to work with me to

move a governmentwide over-classification bill to the House

floor in the near future.

In the interest of expediting consideration of H.R. 553 and

in recognition of your efforts to address my concerns, the

Oversight Committee will not request a sequential referral of

this bill. I would, however, request your support for the

appointment of conferees from the Oversight Committee should

H.R. 553 or a similar Senate bill be considered in conference

with the Senate.

Notwithstanding the Oversight Committee's agreement to

forgo a sequential referral, I believe it is important to

reiterate my general concern about H.R. 553 as it applies to

the Department of Homeland Security. H.R. 553 creates

procedures for the Homeland Security Department to follow in

order to reduce the over-classification of information.

Several congressional investigations and the 9/11 Commission

have emphasized, however, that over-classification is a

governmentwide problem that requires a governmentwide

solution. Accordingly, I favor an approach that requires all

agencies to follow the same classification protocols and

encourages the sharing of information between agencies and

with the public to the maximum extent possible.

Again, thank you for your efforts to address my concerns

with H.R. 553. I look forward to working with you to reduce

the significant problem of over-classification throughout the

federal government.

This letter should not be construed as a waiver of the

Oversight Committee's legislative jurisdiction over subjects

addressed in H.R. 553 that fall within the jurisdiction of

the Oversight Committee.

Please include our exchange of letters on this matter in

the Congressional Record during consideration of this

legislation on the House floor.

Sincerely,

Edolphus Towns,

Chairman.

Madam Speaker, I yield, for as much time as she may consume, to the gentlewoman from California, the person who sponsored the legislation, Ms. Harman.

Madam Speaker, I yield as much time as he may consume to the chairman of the Management Information Oversight Subcommittee, Mr. Carney from Pennsylvania.

Mr. Speaker, I have no more speakers and I am prepared to close if the gentleman from Texas is.

I reserve.

Mr. Speaker, I am prepared to close. I do not have any more speakers.

Mr. Speaker, I yield myself such time as I may consume.

Let me first thank Ms. Harman for her leadership on this bill. She brought it up through her subcommittee on Homeland Security and in the full committee. Mr. Reichert, who is no longer on the committee, was ranking member.

As already noted, it passed out of the committee unanimously, and it was passed here on the floor likewise. So, basically, any hesitation or reservation on this bill is being noted for the first time, and I would hope that we do not mix a good bill with other politics of this body. For that reason, Mr. Speaker, we have new leadership here in Washington. It is committed to change for our Nation. With this bill, we have a profound opportunity to deliver a change for the better at the Department of Homeland Security.

The overclassification of materials impedes information sharing with State, local and tribal law enforcement. It also impedes information sharing with the owners and operators of critical infrastructure. Given that over 85 percent of our Nation's critical infrastructure, including electrical grids, airports, power plants, and mass transit systems, are all in the hands of nongovernmental entities, it is critical that DHS establish robust, stable lines of communication.

Last year, this legislation, as I indicated, was passed unanimously out of the committee, and was approved by this House by voice vote. Today, we have the opportunity to send it over to the Senate with another strong message for change.

Before I yield back, I want to express my profound disappointment that this bipartisan bill is seen as an opportunity for empty partisan attacks dealing with the economic stimulus. It is fine to attack the stimulus, but you need to attack it in its consistent form and not just attack it in good bills like this--bills that pass bipartisan in our committee and again by voice vote on the floor.

Mr. Speaker, I yield back the balance of my time and urge passage of the bill.