Tom Davis

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Chairman, I would just say to my friend, unfortunately, other committees shared jurisdiction on this, so when the Committee on Rules wrote it, we did not get our committee language. Mr. Chairman, I am happy to yield 1 minute to the gentleman from California (Mr. Lewis), the distinguished chairman of the Subcommittee on Defense of the Committee on Appropriations.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise today in strong support of H.R. 10, the 9/11 Recommendations Implementation Act. The purpose of this landmark legislation is to address the problems and weaknesses identified by the National Commission on Terrorist Attacks Upon the United States by improving the intelligence and security operations of the Federal Government. I am proud of what we have achieved in this legislation on behalf of the American people, who understandably are clamoring for change. It accomplishes the goal of revamping our intelligence network and makes other changes necessary to protect our national security. I would like to elaborate on a few of the provisions of the larger bill that fall within our jurisdiction at the Committee on Government Reform and why we believe they are critical to this effort. One is executive reorganization authority for intelligence agencies. H.R. 10 would give the President the power to submit reorganization plans, limited to the intelligence community, to Congress for a guaranteed up-or-down vote. We cannot afford to assume this legislation is a panacea that will somehow be the last word on intelligence reform. Reorganization authority is authority every President had government-wide from 1932 to 1984. It enables the executive branch to come forward with a plan that would come to Congress for an up-or-down vote without amendment. The President should have the ability to make further tweaks to the organization without having to worry about his proposal getting watered-down or just plain blocked in Congress over petty jurisdictional fights between committees. Congress, of course, retains the ultimate say. We have enhanced information-sharing. This legislation would task the President with establishing a trusted and secure information-sharing environment to promote the sharing of intelligence information and to change the culture in the Federal Government from a ``need to know'' to a ``need to share'' basis. This initiative is the result of collaborative efforts of multiple committees of jurisdiction. The rationale for this language is straightforward. As a Nation, we must be able to identify terrorist threats and defeat them. Our success depends on collecting, analyzing, and appropriately sharing information found in data bases, transactions, and other sources. Streamlined financial disclosure for appointees in the intelligence community. Just about anyone who studies the Presidential appointments process realizes that it is broken. It takes too long to confirm individuals to key positions, and the process itself often drives away some of those best qualified to serve. Financial disclosure requirements are supposed to protect against conflicts of interest concerns; but they have become proxy statements for a nominee's net worth, with more detail than is necessary, extending the vetting process so that nominees cannot even move forward to Senate confirmation. This legislation would return to the original intent of financial disclosures. An improved security clearance process. This legislation would assign security clearance management and oversight to the Office of the National Intelligence Director. The NID would set uniform standards and policies and require reciprocity among agencies. This would enable an individual with a top secret clearance at, say, Treasury to retain that clearance should he or she move to another agency. Previous efforts to enforce reciprocity have failed, but this legislation finally addresses this important part of the process by putting an end to the time and money-wasting practice of redundant security clearance investigations and adjudications. This redundancy drives up the cost of doing business, and this cost is ultimately passed on to the taxpayers. New Federal standards for identification cards and birth certificates. We need to have confidence that when someone shows a State driver's license to board a plane or a State birth certificate to get a passport, that the ID is valid. We need to know that people are who they say they are. Is this a national ID card? No. We are simply saying the Federal Government must have documents that it can trust, and it is perfectly within its right to establish minimum standards for Federal acceptance. This important provision would provide grant money to help States meet the new Federal guidelines and gives them 3 years to comply. Though States have made strides in improving the security of driver's licenses and identification since 9/11, the commission outlined the need to establish minimum standards as a framework for improvement. This language was crafted with the assistance of the American Association of Motor Vehicle Administrators and the National Association For Public Health and Information Systems who administer these programs for the States. They have been hard at work developing studies, best practices and guidelines on this issue, especially since the terrorist attacks on our Nation; and this legislation closely follows those recommendations for action. Importantly, this provision is also strongly supported by the 9/11 victims' families. A revitalized FBI workforce. H.R. 10 would provide for retention bonuses and critical pay authorities to help the FBI improve its intelligence directorate. It also would allow for delays in mandatory retirements and the creation of a Reserve Service so the agency can reactivate retired employees with very specialized skills. The improvements to the operations of the Federal Government that are included in H.R. 10 are essential to making this country safer. I urge my colleagues to support this carefully crafted legislation. Mr. Chairman, I reserve the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I reserve the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from Indiana (Mr. Souder), an able member of our committee. (Mr. SOUDER asked and was given permission to revise and extend his remarks.)

Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, first of all, let me thank my friends on the other side in the committee for working cordially with us to improve this legislation. I know we have some disagreements. I want to take up just a minute to correct what I think is misinformation about this legislation, namely, that some of the sections of this are not within the scope of the 9/11 Commission's report. I want to walk through the provisions that were added at the request of our committee. All of these initiatives were things that the committee had been working on to make our country safer prior to the release of the report, but they can also be traced to report language. Our language on identity security, for example, is identified as an urgent need on page 309 of the report, where it says, ``The Federal Government should set standards for the issuance of birth certificates and sources of identification such as driver's licenses. Fraud in identity documents is no longer just a problem of theft. At many entry points to vulnerable facilities, including gates for boarding aircraft, sources of identification are the last opportunity to ensure that people are who they say they are and to check whether they are terrorists.'' Our language on appointments reform is in direct response to a finding in the report on page 422: ``Since a catastrophic event could occur with little or no notice, we should minimize as much as possible the disruption of national security policymaking during the change of administrations by accelerating the process for national security appointments.'' Our security clearance language is based both on work that we have been doing in the committee and the commission's report which said on page 422 that the Federal Government needs uniform application investigation in adjudication procedures, a single database to store clearance information, and an expedited clearing process for Presidential transition team personnel. Our language to revitalize the FBI workforce responds to a finding in the report on page 425, where it says ``a specialized and integrated national security workforce should be established at the FBI consisting of agents, analysts, linguists, and surveillance specialists who are recruited, trained, rewarded, and retained to ensure a deep expertise in intelligence and national security.'' And our language on information-sharing and security addresses the commission's finding on page 400 that we need to unify the many participants in the counterterrorism effort and their knowledge in a network-based information-sharing system that transcends traditional governmental boundaries. As you can see, Mr. Chairman, all of these provisions that were marked up by our committees and included in the version on H.R. 10 today are direct responses to problems or weaknesses identified by the 9/11 Commission. I take exception to Members who think the other body had thorough knowledge and exhausted all of the ideas on this. We look to a good conference where we can iron out some of these, but more importantly I think we thoroughly address some of the concerns raised by the commission. At a time when the terrorists are moving dollars electronically and communicating in nanoseconds, we have to give the executive branch a rapid response for additional reorganization changes as well. I urge my colleagues to support H.R. 10 and reject the Menendez substitute. Mr. Chairman, I yield back the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I reserve the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I am happy to yield 2 minutes to the gentlewoman from Michigan (Mrs. Miller), the former Secretary of State of the State of Michigan.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I reserve the balance of my time as I have the right to close.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Chairman, I want to join my colleagues in strong opposition to the Menendez amendment. Quite simply, the substitute provides fewer safeguards against another 9/11. Rather than participating in the legislative process by offering constructive amendments during the House debate, the minority has unfortunately chosen to simply cobble together various provisions from H.R. 10 and various incarnations of Senate legislation and repackage them as the Democratic position on homeland security. The resulting package is a scattered jumble of proposals that do not fit into cohesive strategy for protecting the homeland. On the issue of driver's license security, for example. Two conflicting deadlines for compliance by the States are established: the first deadline being 2 years from the promulgation of minimum standards; the second deadline is to be established by the Secretary of Homeland Security. In contrast, the language of H.R. 10 is strong and clear, exactly what this landmark legislation needs. Additionally, the Menendez amendment is replete with the kind of layered bureaucracy we took great pains to avoid in H.R. 10. Our aim was a nimble, flexible, flat structure that could improve intelligence gathering and analysis. The substitute amendment, by contrast, is loaded with a chief information officer, a chief human capital officer, a chief financial officer, an out-of-control Inspector General, a comptroller, an ombudsman, multiple privacy officers, and a civil liberties board with unlimited subpoena power. Our bill is about better government. The substitute is about bigger government. Equally troubling to our committee in particular is the fact that such basic necessities as personnel and acquisition authorities have been scattered throughout the amendment with different and conflicting authorities being haphazardly assigned to different officials within the NID. Our committee specializes in agency organizational matters. That is what we do day in and day out. The substitute's organizational structure is no way to set up a new entity, and I urge opposition to the Menendez amendment.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, S. 129, the Federal Workforce Flexibility Act, is a momentous step toward effectively reforming the Federal civil service system. For 2 years, the Committee on Government Reform has worked to revitalize the management structure of specific departments and agencies: Homeland Security, Defense, NASA, the SEC and the GAO, to name a few. This legislation provides the rest of the Federal Government many of the flexibilities authorized for these specified agencies. As we increase flexibilities provided to agencies and managers, we enhance their ability to manage their workforce. S. 129 is supported by the National Treasury Employees Union and the administration, and I urge my colleagues to support it as well. Mr. Speaker, S. 129 will help Federal managers build a strong workforce by allowing managers to use recruitment, relocation and retention bonuses in a more strategic manner. This legislation also ensures that agencies will effectively manage their employee training efforts. Under this bill, agencies will be required to align their training with performance plans and strategic goals, establish a comprehensive management succession program, and provide special training to managers who are dealing with unacceptable performances. In addition, it streamlines critical pay authority for positions that are difficult to fill and enhances annual leave benefits. It also allows workers to take time off in exchange for travel, and offers many other positive reforms for the Federal civil service. Despite all of these reforms, it is our hope that the bill would include two additional provisions that we unfortunately had to remove due to direct spending implications, as well as a provision dealing with air traffic controller retirement. The first provision would have corrected current inequities in retirement benefit calculations for part-time Federal service under the Civil Service Retirement System. The second would have codified the current practice of providing civil service retirement credit for attendance at one of the four Federal military service academies. And the final provision would have taken the air traffic controller retirement policy that was included as part of last year's aviation authorization bill and conformed it to existing government-wide enhanced annuity retirement policy. Mr. Speaker, the Committee on Government Reform intends to pursue all of these legislative initiatives in the 109th Congress, and I look forward to working with my colleagues on these issues. I want to commend the work of the Subcommittee on Civil Service on this legislation, especially our former chair, the gentlewoman from Virginia (Mrs. Jo Ann Davis) and the gentleman from Illinois (Ranking Member Davis). Their good work and cooperation is reflected in this bill before us today, and their dedication to improving the Federal service generally is of great importance as we seek to make our government more competitive in the labor market. Mr. Speaker, as chairman of the Committee on Government Reform, I have made my top priority the transformation of the Federal Government into an organization that is more efficient, effective and responsive to the needs of the American people. For this to occur, the establishment of a modernized human capital management system is of utmost importance. S. 129 is integral to this effort, and I urge my colleagues to support it. Mr. Speaker, I reserve the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the Senate bill under consideration.

Mr. TOM DAVIS of Virginia. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 129) to provide for reform relating to Federal employment, and for other purposes, as amended.

Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield back the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may consume. I again want to thank my ranking member, the gentleman from California (Mr. Waxman), and the gentleman from Illinois (Mr. Davis) for their work. It has been a good bipartisan operation. I thank, of course, the sponsors from the other body as well. I urge my colleagues to support this.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I have no other speakers, urge adoption of the bill, and yield back the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill under consideration.

Mr. TOM DAVIS of Virginia. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4302) to amend title 21, District of Columbia Official Code, to enact the provisions of the Mental Health Civil Commitment Act of 2002 which affect the Commission on Mental Health and require action by Congress in order to take effect, as amended.

Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 4302, the District of Columbia Civil Commitment Modernization Act of 2004. I introduced this legislation, along with the gentlewoman from the District of Columbia (Ms. Norton), in order to amend the authorities of the D.C. Commission on Mental Health. The Commission is a branch of the D.C. Superior Court that presides over civil commitment hearings and makes recommendations to the court. Mr. Speaker, this legislation is important because the current mental health care system in the District is outdated, and these improvements are imperative and long overdue. First, H.R. 4302 will limit the duration of civil commitment to one year from indeterminate. The bill includes provisions that will create a streamlined procedure for civil recommitment, permit the commission to determine the least restrictive setting for the patient's care and permit qualified psychologists to join the panel of doctors who preside over commitment hearings. In addition, these changes will enable private hospitals to provide emergency in-patient psychiatric treatment, relieving a significant financial burden from the District of Columbia. H.R. 4302 is based on the D.C. Mental Health Civil Commitment Act of 2002 which passed the D.C. Council last year. Today's legislation is necessary, because the D.C. Home Rule Act requires congressional approval of measures that affect the D.C. Superior Court. Mr. Speaker, I urge Members to join with the gentlewoman from the District of Columbia and myself to help the District modernize its mental health care practices and end the era of Federal court cases against the city. Mr. Speaker, I reserve the balance of my time.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to honor Mrs. Paula D. Haveron, who retired on July 31, 2004, after completing over 42 years of Federal Service. Mrs. Haveron began her Civil Service career in 1958 as a clerk- stenographer in the Office of Air Force Civil Engineers. Having demonstrated her competence in working with Members of Congress and their staffs, Mrs. Haveron was selected for service in the Office of the Secretary of the Air Force, Legislative Liaison Inquiry Division, in 1960. Over the years, she served in numerous roles, culminating in her current duties as a Congressional Liaison Representative in 1997. In this capacity, Mrs. Haveron has been responsible for well over 100,000 constituent inquiries, from all 50 states and territories. In fact, she was the first civilian action officer to draft and successfully staff a Congressional response for signature by the Air Force Chief of Staff. During her 42 years of work in the Office of Legislative Liaison, Mrs. Haveron has provided dedicated and professional service to both the U.S. Senate and the House of Representatives. She has developed close working relationships with many of our staffs, and her efforts have greatly enhanced congressional understanding of Air Force personnel matters. The distinctive accomplishments of Mrs. Paula D. Haveron highlight a long and distinguished career in the service of the Federal Government, and reflect great credit upon herself and the Department of the Air Force.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I offer strong support for House Resolution 761 that honors Lance Armstrong on his record-setting victory in the 2004 Tour de France. In July, Lance Armstrong proved again that he remains the world's greatest cyclist by winning his sixth consecutive Tour de France, an all-time record. I was pleased to advance this resolution to the House floor from the Committee on Government Reform, which I am privileged to chair, and I strongly urge its adoption by the full House. As someone who previously coped with two bouts of melanoma, I am particularly in awe of Lance's perseverance to outlast a pernicious form of testicular cancer. Incredibly, at just age 25, Lance learned that cancerous cells had spread to his abdomen, lungs and brain. Through extensive treatments provided by his outstanding doctors, Lance was pronounced cancer-free within a year of his diagnosis. Lance's wonderful recovery was perhaps only topped by his astounding comeback. Winning the 1999 Tour de France highlighted his return to racing, just over two years after he beat cancer. He became only the second American to ever win the race. As we all know, Lance did not stop after one victory. He has returned to France each of the last five summers, and he has won the race five more times. Lance Armstrong personifies hope for those suffering from cancer and other serious illnesses, and indeed, all Americans. Therefore I am pleased that the House is taking time to pay tribute to his tenacity, work ethic and patriotism. Mr. Speaker, in closing, I congratulate Lance Armstrong on his awesome performance in the 2004 Tour de France and wish him the very best in his future pursuits.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today in opposition to H.R. 3193, and I respect the gentleman from Indiana's perspective on this issue. I think there is room in the House for disagreement. But my opposition is based on the legislation's blatant and potentially dangerous assault on home rule in the District of Columbia. There is an appropriate place for debate on D.C.'s gun laws, and that place is the chambers of the District of Columbia Council, not the floor of the House of Representatives. This bill repeals protections from gun violence that have been sought by the citizens of the District. It would end the city's ban on semi- automatic assault weapons, its ban on armor-piercing or ``cop killing'' ammunition, its requirement for gun registration. Even if we want to debate the merits of the gun laws, no one should question the importance of keeping fully loaded assault weapons off the streets of the Nation's capital. Ninety-seven percent of all guns used in crimes in the District originate outside the District. Children in the Nation's capital are already at risk. This year, 21 young people in the District, all of them under 18 years of age, have been killed, most of them by gunshot. Our priority should be in reducing this disturbing rise in juvenile slayings, and I do not think this legislation helps. The crime rate, by the way, in the city is going down. The police chief was quoted just last week as saying a 13 percent drop in overall crime this year, 24 percent reduction in homicides this year. Proponents of this bill want to frame this debate in terms of the constitutionality of the District's law, but that is a straw man. Earlier this year, a U.S. District Court rejected constitutional challenge to the District's statute. This is a home rule fight. We do not allow the city a vote on the House floor, and now, we are taking away the rights of the Council and the elected mayor of the city to make decisions that they have made and will omit Oak Park, Chicago, Evanston, Illinois. We are not touching those areas that have representation in this body. We are just dealing with the Nation's capital. For our system of federalism and democracy to work, States and localities need to be able to make their own decisions on these sorts of matters, even if some of us think they are bad decisions. We are only here today because of Congress's plenary power over the District. This is a constitutional authority that is unfortunately occasionally abused as it is in this case. I urge my colleagues to join me in voting ``no.''

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to honor Mrs. Pegi Miller, who will retire on October 1, 2004, after completing 20 years of Federal Service. Mrs. Miller began her career in 1976 as a non-appropriated fund employee at the Bolling AFB Child Care Center, where she served as a Clerk/Receptionist until October 1984. She then moved to the Pentagon to work for the Secretary of the Air Force, Office of the General Counsel, for a short time. Mrs. Miller served next in the Office of the Air Force Civil Engineer until 1987, when she assumed her current duties as a Legislative Assistant in the Congressional Inquiries Division, Office of the Secretary of the Air Force, Legislative Liaison Directorate. In this capacity, Mrs. Miller performed superbly across a broad spectrum of Congressional issues, brilliantly and expertly assisting the Directorate in providing timely responses to tens of thousands of inquiries from Congress. During her 17 years of work in the Office of Legislative Liaison, Mrs. Miller has provided dedicated and professional service to both the United States Senate and the House of Representatives. She has developed close working relationships with many Congressional offices, and her efforts have greatly enhanced Congressional understanding of Air Force issues. The distinctive accomplishments of Mrs. Pegi Miller culminate a distinguished career in the service of the Federal Government, and reflect great credit upon herself and the Department of the Air Force.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield back the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, again, I had the pleasure of serving on the Fairfax Board of Supervisors with Martha Pennino for 12 years. I want to say I am very grateful for the opportunity to have known her and to have worked with her on so many projects. She was a classy lady, and I am going to miss her. Mr. Speaker, I urge passage of H.R. 5133.

Mr. TOM DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 5133, sponsored by my friend and colleague, the gentleman from Virginia (Mr. Moran), designates the postal facility in Reston, Virginia, as the Martha Pennino Post Office. The entire Virginia delegation supports this legislation, and I am pleased to join them tonight. On September 17, Virginia's Fairfax County, which I represent, lost one of its most influential community leaders, Martha Pennino. I rise tonight to honor and remember Martha Virginia Pennino, a former vice chairman of the Fairfax County Board of Supervisors, with whom I served for 12 years on the board. Mrs. Pennino died September 17, 2004, at Inova Fairfax Hospital at the age of 86, leaving a long and lasting legacy. Known as Mother Fairfax, Mrs. Pennino was born in 1918 in Roanoke, Virginia, and was raised in Gloucester, Massachusetts. She received a bachelor's degree from Emerson College in Boston. Mrs. Pennino served three terms on the Vienna Town Council prior to being elected to the Fairfax County Board of Supervisors in November 1967, representing what was then the Centreville District. From 1968 to 1991, Mrs. Pennino was at the center of nearly every major decision made in Fairfax County. She was involved with such projects as the Dulles Toll Road, the Reston Hospital Center, South Lakes High School, the Reston Community Center, and the Reston Regional Library. Mrs. Pennino played an instrumental role in the planned community of Reston, which was taking shape when she took office and was also critical in getting Interstate 66 built inside the beltway. During her years on the Fairfax County Board of Supervisors, Mrs. Pennino was deeply committed to helping the poor and homeless. She pushed for the building of the Embry Rucker shelter for the homeless, supported building low-cost housing, and buying and renovating the rundown Stonegate apartment complex. Prior to the construction of the shelter, she even provided cots in her supervisor's office and opened it at night for people with nowhere else to go. Mrs. Pennino received many accolades for her work in Fairfax County. In 1985, she was awarded the Tom Bradley Regional Leadership Award from the National Association of Regional Councils. The group cited her efforts in developing the first energy policy for a metropolitan area, the region's car-pool program, and a fair-share housing program. Washingtonian Magazine named her Washingtonian of the Year. Mrs. Pennino was also involved with many community boards and foundations. She was a member of the Advisory Board of the Northern Virginia Youth Services Coalition, director of the Northern Virginia Community Foundation, a commissioner on the Northern Virginia Regional Commission, and a member of the Board of Visitors of George Mason University. Additionally, Mrs. Pennino served as President of the Virginia Association of Counties of the Virginia Municipal League and was a member of the Board of Directors of the Metropolitan Washington Council of Governments for 17 years, holding posts of president and chairman. Mr. Speaker, in closing, I want to express my gratitude to Martha Virginia Pennino for her service to Fairfax County and the mark she has left on her community. She will be sorely missed. In recognition of her dedicated service, I ask that the Reston Post Office be renamed in her honor. Mr. Speaker, I reserve the balance of my time.