Contact:  Steve Hansen (Director of Communications)  (202) 225-7749
 Email: Steve.Hansen@mail.house.gov
    Justin Harclerode (Deputy Director of Communications)  (202) 226-8767
  Email: Justin.Harclerod@mail.house.gov
    Jim Berard (Democratic Director of Communications)  (202) 225-6260
To:  National Desk
July 17, 2002

        Washington, D.C. - The following is the prepared testimony of U.S. House Transportation and Infrastructure Committee Chairman Don Young (R-Alaska) and Ranking Democrat James Oberstar (D-MN) for today’s hearing by the Select Committee on Homeland Security.

        Young and Oberstar were testifying about the Committee’s proposed changes to “The Homeland Security Act of 2002” (H.R. 5005).

        The Committee by voice vote adopted a bipartisan amendment that recommends the transfer to the Homeland Security Department of the Transportation Security Administration, also known as TSA, and the Federal Protective Service.

        Both of these transfers were requested by the President and we have honored that request.

        However, the Committee recommended against transferring the Coast Guard and the Federal Emergency Management Agency, or FEMA.

        The Committee has sent to you a lengthy report to accompany their legislative recommendation which details the very good reasons for our recommendation.

President Must Be Given Resources To Protect This Country
        There is no doubt that after the events of September 11th, the President must be given the resources to protect this country from all attacks, whether terrorist or otherwise.

        However, my committee has expressed its collective view that the bill as introduced simply goes too far and covers too many agencies.

        There is a tremendous concern that the bill as introduced will create a great deal of bureaucratic chaos and inaction.

        There is also some concern that the bill gives the Secretary of Homeland Security unprecedented power with few checks and balances.

        I want to make it clear that we do not object to the creation of a Department of Homeland Security.

        However, the bill as introduced raises many concerns which this Congress has a responsibility to address.

Transportation Security Agency & Federal Protective Services
        The Transportation Committee agrees that it is appropriate to transfer the TSA and the Federal Protective Services to the Department of Homeland Security because both of those agencies have as their primary mission securing against acts of terrorism or violence.

        They are both security agencies.

Coast Guard’s Domestic Responsibilities
        However, both the Coast Guard and FEMA provide a broad array of services to average citizens and have had limited responsibility in the area of security.

        While maritime security is an extremely important function of the Coast Guard which should never be minimized, they have other functions which are also vital to the well being of the American people.

        The Coast Guard provides for search and rescue of boaters, they keep our waterways open to navigation through their ice breaking efforts and they maintain critical aids to navigation.

        They protect our environment and fisheries resources, they keep passengers safe on commercial vessels of all types, and interdict both drugs and illegal immigrants.

        We’ve given the Coast Guard a great deal of work to do and they have always carried out their duties with distinction.

FEMA’s Responsibilities
        The same can be said of FEMA which responds to both natural and man-made disasters.

        FEMA has many other responsibilities as well.

        They are important not only in responding to disasters but in preventing and preparing for disasters of all types.

        They play a key role in training fire fighters.

        They prepare flood plain maps and operate the flood insurance program.

        If the Secretary of Homeland Security wants to commit his entire effort to preventing terrorist attacks, under the bill as introduced, he can reduce the resources of the Coast Guard and FEMA for these other missions and direct those resources entirely to security.

        I have grave concerns about giving the Secretary that kind of power.  I would strongly recommend that if the Select Committee overrules our 75-member committee, that at a minimum the missions of the Coast Guard and FEMA be mandated to insure that they are funded and carried out consistent with the will of Congress.

Transportation Committee Worked On Bipartisan Basis
        Our committee worked on a bipartisan basis to develop our recommendations.  We believe they are the best recommendations we can make within such a short time period.

        I would urge you to give great deference to the committee that has the longest history of dealing with these issues and understands the impacts of transferring these agencies.

        The Chairman of the Select Committee has assured me that the views of this committee will be carefully considered and that we will have an opportunity to continue to work with them to achieve the best possible legislation.

        When this bill is signed into law by the President, I hope that we can all be proud of the product that we create.

        I hope that we can all be sure that the Department of Homeland Security can indeed keep our country secure from terrorist attacks, while preserving all the important missions that these many agencies carry out each day.

        As we consider this issue, we all must appreciate the magnitude of what we are considering – a proposal that, as Norm Ornstein points out, is arguably the largest governmental reorganization in history.  The President’s proposal envisions consolidating parts of 22 different agencies – including more than 100 governmental entities with more than 169,000 employees that are employed in 4.8 million square feet of space all across this Nation – with many different missions, cultures, and histories.  As we create a Department of Homeland Security, we cannot focus on shifting boxes; we must focus on achieving the mission – to prevent terrorist attacks, reduce vulnerabilities, and, in the tragic event of an attack, to minimize damage and begin the process of recovery.  Moreover, we must ensure that we get it right!

        Today, I would like to focus on our Committee’s bipartisan recommendation to getting transportation security right.  Like the Administration’s bill, the Committee-reported bill authorizes the transfer of the TSA to the Department of Homeland Security but, unlike the Administration’s bill, the Committee makes clear that the transfer will not jeopardize TSA’s security mandate.  Under the Committee-reported bill, no transfer will occur until:

• key positions are filled, including the Secretary of Homeland Security, as well as the Under Secretary for Border and Transportation Security, and the Assistant Secretary for Transportation Security;
• the Secretary of Transportation certifies that explosive detection systems are deployed at all U.S. airports required under the Aviation and Transportation Security Act and that these systems are screening all checked baggage; and
• the Secretary of Transportation has certified that a sufficient number of federal screeners, security managers, security personnel and law enforcement officers have been deployed at all airports where screening is required under the Aviation and Transportation Security Act.

        I would also like to comment on the aviation security deadlines imposed by Congress last November in the Aviation Security Act, which the House adopted by a vote of 410-9.  During our Committee consideration of the Homeland Security bill, Congressman Mica offered and withdrew an amendment to extend the December 31, 2002 deadline for airports to deploy explosive detection systems and ensure that these airports are screening all checked baggage.  There have been press reports that there will be efforts to include an extension in the bill you are considering.  I, and many of my colleagues, would strongly oppose an extension at this time.  Yesterday, in testimony before you, the Administration made very clear that it will meet the deadline.  It would be wholly inappropriate for Congress to weaken this requirement when the Administration has made clear that the mandate is within reach. Moreover, the idea that the “Homeland Security” bill would include a provision that would enable a terrorist to more easily get a bomb on a plane is directly contrary to everything we are trying to do here today.

        Finally, I would like to express my sincere hope that Congress will develop a bipartisan homeland security proposal, working hand-in-hand with the Administration.  To date, I have been deeply disappointed in the appalling lack of cooperation from the Administration on this legislation.  The White House has muzzled the agencies and insisted that all contact with Congress be cleared through it.  As a result, our Committee did not receive responses to bipartisan requests for basic, factual information – such as whether explosive detection systems are purchased with Facilities and Equipment funding from the Airport and Airways Trust Fund; whether the DOT’s civil penalty authority transferred to the new department; or whether the proposed Department of Homeland Security agencies are currently located in leased or government-owned space – until after the Committee reported the bill.  I am hopeful that as we move forward the Administration will stop stonewalling and expecting a rubber stamp, and begin to work with us to try to create the Department that best achieves our common goal.

        Mr. Chairman, I am also hopeful that the House Republican Leadership will bring this bill to the Floor under an open rule.  These issues of homeland security, and protecting our constituents, are too important to each and every Member of this Body to limit an opportunity for a free and open debate of these issues.  Let the “House of the People” work its will.