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Today's Headlines
•  The Push For Border And Chemical Plant Security

•  Expanding State And Local Grants

•  Tackling The DHS Authorization Bill


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Issue Of The Week: Monday, Feb. 18, 2008
DHS: Following Up On The Fifth Anniversary
by Chris Strohm

     With March marking the five-year anniversary of the creation of the Homeland Security Department, lawmakers plan to use 2008 to exercise their oversight authority as well as to pursue new legislation to address what they say are gaps in the nation's ability to mitigate threats.
     Members of the committees of jurisdiction in the House and Senate will focus on conducting hearings and investigations -- including into how the department is implementing a 2006 law overhauling the Federal Emergency Management Agency in response to government failures associated with Hurricane Katrina, as well as how laws affecting port security and chemical plant security are being implemented.
     Lawmakers are also watching how DHS complies with the provisions in a massive 2007 law implementing unfulfilled recommendations of the 9/11 Commission.
     Senate Homeland Security and Governmental Affairs Chairman Lieberman "views 2008 as a year to concentrate on overseeing the implementation of major legislation the committee has enacted in previous years and other big-dollar items, such as SBInet, nuclear detection and cybersecurity," his spokeswoman said.
     The SBInet program is intended to integrate technology, infrastructure and personnel to secure the nation's borders.
     Senate Homeland Security and Governmental Affairs ranking member Susan Collins, R-Maine, is conducting oversight of DHS' Domestic Nuclear Detection Office -- including certification of advanced spectroscopic portal monitors - as well as the Bush administration's new cybersecurity initiative, her spokeswoman said.
     But a stream of new legislation is also possible this year, as members of Congress pursue bills that would affect border security and chemical plant security; boost state and local homeland security grants; authorize DHS programs and spending; and target the threat posed by improvised explosive devices.
     Other legislation in the works would require Internet telephone companies to offer enhanced 911 services to all subscribers, along with measures dealing with cybersecurity and the nation's readiness for a nuclear attack.

The Push For Border And Chemical Plant Security
     House Homeland Security Chairman Thompson said he plans to produce a border security bill and a chemical security measure in the coming months.
     On border security, Thompson is looking at taking up the first section of the so-called SAVE Act, a bipartisan bill sponsored by Reps. Heath Shuler, D-N.C., and Brian Bilbray, R-Calif.
     Among other provisions, the bill would create a test program under which DHS and the Defense Department could share technology, satellites and aerial surveillance assets.
     The bill also calls on DHS to secure the borders by 2010, and authorizes $200 million annually for procuring new technology and hiring 8,000 more Border Patrol agents.
     House Homeland Security ranking member Peter King, R-N.Y., has a separate border security bill, which includes a strong focus on enforcing immigration laws inside the United States.
     But King said he also supports the SAVE Act. King added that he also wants to ensure that DHS builds more fencing along the southern border.
     Thompson finds himself in a tricky position, however. He said he would only pursue a "limited" bill, meaning that he will steer away from provisions over which other congressional committee could claim jurisdiction.
     Specifically, that means not including provisions dealing with enforcement of immigration laws inside the country, which congressional Republicans and the administration favor.
     The Homeland Security Department, for example, wants Congress to permanently authorize the E-Verify program, which allows employers to check the legal status of prospective employees, a department spokeswoman said.
     On chemical security, Thompson is planning a bill that will permanently authorize the department's chemical facility anti-terrorism regulations, which are scheduled to expire in 2009.
     DHS wants Congress to remove the sunset provision, its spokeswoman said.
     Thompson's bill would also require water treatment facilities to comply with chemical security regulations, and encourage industry to adopt safer technologies and practices.
     King also wants chlorine vendors to be required to verify the legitimacy of their customers and report transactions, citing concerns recently raised by New York law enforcement officials.
     Republicans also want high-risk chemical facilities to be required to check their employees against terrorist watch lists and immigration databases.

Expanding State And Local Grants
     Lawmakers are almost certain to boost funding for state and local homeland security grant programs in DHS' FY09 budget request.
     The department has proposed $1.9 billion for programs that help state and local governments buy new technology and interoperable radios -- about $1.5 billion less than Congress appropriated for the current fiscal year.
     Senate Appropriations Chairman Byrd said the proposed funding level is "unacceptable," with his spokeswoman adding, "Now is not the time to reduce funding for state and local first responders."
     Byrd also wants to provide funding to improve the ability of the department to respond to potential threats, such as cybersecurity attacks and improvised explosive devices. He will also focus on improving airport checkpoints and air cargo security, along with rail and port security and border security, according to his spokeswoman.
     House Homeland Security Appropriations Subcommittee Chairman David Price, D-N.C., said he was "very disappointed" by DHS' proposed funding for grant programs.
     "How can anyone reasonably suggest that state and local needs have been met for first responder preparedness, terrorism prevention and port and transit security?" he asked. "Either the president fails to fully appreciate the preparedness gaps that remain at the state and local level, or he is once again holding out the illusion of budget savings while knowing full well that Congress will never tolerate such drastic cuts to these critical programs."

Tackling The DHS Authorization Bill
     Far less certain is whether Congress will complete an authorization bill for the Homeland Security Department. The House has passed an authorization bill every year since the department was created, but the Senate has never produced one.
     "It's important that we do an authorization bill," King said. King said the bill should authorize the department's automated targeting computer system for screening individuals coming into the country, and require the department to test technology that uses biometrics to verify the identity of illegal immigrants caught at sea.
     Thompson said he agrees an authorization bill is needed but has not decided how to proceed.
     "I'm not certain at this point whether we'll do what we call mini-authorization bills or one giant authorization bill like we've done in the past," he said. "But there's no reason for us to shirk our responsibility. We need to help generate as much jurisdiction as we can for the committee and an authorizing bill is one way of doing it."
     Lieberman's spokeswoman said it is possible he will do an authorization bill this year.
     The House Transportation and Infrastructure Committee also hopes the House will take up a Coast Guard authorization bill when lawmakers return from the Presidents Day recess.
     A handful of other bills are also possible this year, although lawmakers and aides acknowledge Congress faces a compressed scheduled due to the upcoming presidential elections.
     Lieberman and Collins, for example, want the Senate to pass the National Bombing Prevention Act, which authorizes the department to spend $25 million to develop programs and technology to counter improvised explosive devices.
     A Collins aide said the committee's investigation into nuclear terrorism preparedness could also result in legislation.
     DHS also wants Congress to consolidate its oversight of the department into one primary committee in the House and Senate, which was recommended by the 9/11 Commission. Although Democrats pledged to fulfill all the commission's recommendations when they took control of Congress last year, they did not consolidate congressional oversight.
     And the Senate Commerce Committee wants the full Senate to finally pass the IP-Enabled Voice Communications and Public Safety Act, which would ensure that those using voice-over Internet protocol services can dial 911 during an emergency and achieve a timely response.

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