Christopher Shays

Mr. SHAYS

Mr. SHAYS. Mr. Chairman, I yield myself 15 seconds to just respond to the gentleman. We are not trying to do anything with collective bargaining that does not exist in present law. In fact, we are even restricting in some ways the power of the President. Collective bargaining still exists. But like with Jimmy Carter all the way down, if there is a national security issue, the President has the right to take action. Mr. Chairman, I reserve the balance of my time.

Mr. SHAYS. Mr. Chairman, I yield myself 30 seconds. Mr. Chairman, this is not campaign finance reform, it is national security. And we want the President of the United States to have the same power previous Presidents have had for national security. This is national security. What the Morella amendment, in my judgment, is is a poison pill to his ability to govern this country under national security, unless we have the safety valve that we have put in there.

Mr. SHAYS. Mr. Chairman, I rise to thank the Members on both sides of the aisle for the basic decorum that has existed during the past 2 days. I am beginning to feel that tempers are getting a little short, but we do not have much further to go. I, for one, have been the focus of the majority leader's disappointment sometimes, but I have never ever questioned his sincerity, his fairness, or his motives. They are beyond reproach. And I just would say to the Members there is a danger, obviously, when you have a manager's amendment that has 19 parts. There is going to be something that somebody does not like. That is the risk. Everyone can find some part of a comprehensive amendment they do not like. They can find a reason to vote against it. There are just too many important parts of this amendment to cause its defeat. We need this manager's amendment. Having said this I now would like to take the time to express my disappointment that I did not make the manager's amendment, that I did not have an amendment I want called to order. I would like Members to listen to what this was. My amendment said the ``Director of Central Intelligence shall, to the maximum extent practical, in accordance with the law, render full assistance and support to the Department and the Secretary.'' I am told this was not included because the Permanent Select Committee on Intelligence had a problem with this. That, to me, is the very reason why it should have been included. What is amazing to me is that this very language is the identical language that can be found in the establishment of the Office on the National Drug Control Policy. Implicit in our bill is, obviously, support by the head of the CIA; but nowhere does it state it. I am very, very concerned this is lacking in our legislation. I am trying to get it in the Senate bill, and I am using this opportunity to lobby the most distinguished gentlewoman from California (Ms. Pelosi) and the most distinguished gentleman from Texas (Mr. Armey). I am lobbying them up front and in this Chamber to please include this language when we have the Conference Report and final passage. It is needed. It is the very problem I encountered in my committee on national security. When we wanted the CIA to come and testify about the relationship they had with the FBI, they got a permission slip from the Permanent Select Committee on Intelligence saying they did not have to attend. Months later we had 9-11. I believe we need to have very explicit language stating that the Director of the Central Intelligence Agency will cooperate with the Department of Homeland Security. I thank the leader for what he and the gentlewoman from California (Ms. Pelosi) have done to shepherd this bill through Congress. I think we are close to passage. It is an extraordinarily fine piece of legislation. I think it will be made better by the manager's amendment.

Mr. SHAYS. Mr. Chairman, I will have the gentleman from Ohio (Mr. Portman) to close, and I might make a comment after the next speaker. But between me and the gentleman from Ohio, that is it.

Mr. SHAYS

Mr. SHAYS. Mr. Chairman, I am very pleased to join the gentleman from Georgia (Mr. Chambliss), the gentlewoman from California (Ms. Harman), and the gentleman from New Jersey (Mr. Menendez) in offering this amendment. Protecting the safety and security of the Nation against terrorist attacks requires absolute unprecedented cooperation between Federal, State, and local agencies. Timely information-sharing is an indispensable element of the Nation's ability to detect, preempt, disrupt or respond to any terrorist threat. The Committee on Government Reform's Subcommittee on National Security, Veterans' Affairs and International Relations has heard repeatedly from State and local officials about the stubborn procedural and cultural barriers blocking access to sensitive information. In particular, elected officials and law enforcement officers have said they need the ability to obtain security clearances in order to get meaningful access to data on terrorist threats. Whether it is intelligence about terrorist activity at the international level, or criminal history information shared between local jurisdictions, the electronic exchange of information is one of the most powerful tools available to protect our communities. This amendment calls for new procedures to maximize the potential of modern technologies, reduce bureaucratic barriers to information-sharing, and make sure essential homeland security data flows where it is needed most. Mr. Chairman, the day is late; we started last evening, and so I would like to just use this time to thank my colleagues, the gentleman from Georgia (Mr. Chambliss) and the gentlewoman from California (Ms. Harman) for the incredible job they have done. I also wish to thank the gentlewoman from California (Ms. Pelosi) and the majority leader for the work they have done. I also would like to thank the gentlewoman from California (Ms. Harman) and the gentleman from Texas (Mr. Thornberry) for the work they did with the gentleman from Florida (Mr. Gibbons) and the gentlewoman from California (Mrs. Tauscher) on homeland security legislation before it was in vogue. I am in awe to have had the opportunity to work with these colleagues. I believe that they have answered the call of the Nation in responding to the terrorist threat. I know we have a lot of work ahead of us. I am a little troubled by some of the partisan debate that has happened in the past few hours. I was hoping there might be an amendment or two our side of the aisle could have accepted during the debates today. But that notwithstanding, this is excellent legislation drafted by people of good will on both sides of the aisle. I think the President can be proud of what the House will do today. I am certainly proud to have worked with such wonderful men and women on both sides of the aisle.

Mr. SHAYS

Mr. SHAYS. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, this amendment would add a section to the bill to require biannual reports to Congress on three matters: The status of efforts to improve border security and emergency preparedness; the status of our overall preparedness to prevent, mitigate and, if necessary, respond to large-scale emergencies; the status of each State preparedness. These biannual reports are needed to make sure the new Department is achieving the results Congress intends, while not micromanaging so large a reorganization effort. Additionally, the amendment would require a one-time report to Congress no later than a year after enactment of this act, ensuring the maintenance of core functions transferred to the new Department and recommending statutory changes to facilitate the new changes of this substantial reorganization effort. These reports would provide a needed measure of transparency to the new Department's operations and allow Congress to measure results and meet our oversight responsibilities. I applaud the work of my Committee on Government Reform and Subcommittee on National Security colleague, the gentlewoman from California (Ms. Watson) who joins me in offering this amendment. Her approach to oversight is thoughtful, thorough and bipartisan. I do urge support for this amendment. Mr. Chairman, I yield to the gentlewoman from California (Ms. Watson).

Mr. SHAYS. Mr. Chairman, I yield back the balance of my time.

Mr. SHAYS. Mr. Chairman, I offer an amendment.

Mr. SHAYS. Mr. Chairman, I rise in mild opposition.

Mr. SHAYS. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would say my opposition is mild. I am using this opportunity to point out what we believe is a fact, and I would say that the gentleman from Ohio (Mr. Portman) particularly wanted this to be pointed out. We would note that the Select Committee bill provides on page 185, section 761, that any human resources management system established under the committee bill must not waive, modify or otherwise affect among the public employment principles of merit and fitness, including protection of employees against reprisal for whistleblowing, that is line 15, and any provisions of law provided for equal employment opportunity through affirmative action, and that is line 23. Our opposition is just merely to point out that we think it is covered. We think it is there already. But we certainly know the intent of the gentleman from Florida (Mr. Hastings). Mr. Chairman, I yield back the balance of my time.

Mr. SHAYS. Mr. Chairman, I thank the gentleman for yielding me this time. This is a critical issue that we are debating tonight, this very amendment. I chair the Subcommittee on National Security that has oversight of FEMA, and we have oversight of terrorism at home and abroad. This is the central proposal of the Hart-Rudman, to keep FEMA as part of the homeland security. Preparedness, risk management, consequence management, emergency responders, it is the critical link to State and local responders. I never figured out why a natural disaster, be it fire, chemical, biological, is any different than a man-made disaster, be it chemical, biological, or nuclear. The bottom line to me is we need to keep this as the central core of homeland security. We have an amendment that I think will take some of the concerns of the author of this amendment, the Young amendment that should follow, and I think that is a happy compromise and will deal with the concerns of the ongoing FEMA responsibilities to continue. But the bottom line is this is the critical link to the responders, the State, and local responders. We need to keep FEMA part of the homeland security office.

Mr. SHAYS. Mr. Chairman, the gentleman from Ohio (Mr. Portman) asked me to convey that the Committee on Ways and Means carefully considered the Customs Service transfer, and came up with what he felt was an elegant recommendation which the Select Committee adopted. The Committee on Ways and Means decided that the Customs Service is vital to homeland security and central to an effective department; splitting the agency made no sense; and trade and tariff collection policy must remain at Treasury. The solution is to place the whole Customs Service in homeland security, but the trade and tariff collection policy will continue to be managed by the Treasury Department. The gentleman from Ohio (Mr. Portman) feels this is a good solution. The President urged the committees of Congress to overcome their jurisdictional concerns to come together for the good of the entire country. The gentleman from Ohio (Mr. Portman) feels that the Committee on Ways and Means are champions, and has had jurisdiction over the Customs Service since 1789. It knows the Customs Service. The gentleman from Ohio (Mr. Portman) urges Members to follow the wisdom of the Committee on Ways and Means.

Mr. SHAYS

Mr. SHAYS. I yield to the gentleman from Washington.

Mr. SHAYS. Mr. Chairman, I move to strike the requisite number of words, and I apologize to my colleagues, because the time is getting late. Mr. Chairman, I have 80 families who lost loved ones in 9-11; sons, daughters, fathers, mothers, sisters, brothers, husbands, wives, best friends, and they want to know why. And I want to know why. I know it is beyond just a little part. It is Congress, it is the White House, it is a whole host of things that have to be looked at. And with no disrespect, no disrespect to the Permanent Select Committee on Intelligence, they are one part of this issue. And, frankly, they are a part of it. They are not independent. I chair the Subcommittee on National Security, and we had 19 hearings before 9-11. We tried as hard as we could to get someone from the CIA to testify. They came with a permission slip from the Permanent Select Committee on Intelligence that said they did not have to testify. We wanted them to come testify because we wanted to know how was the CIA talking to the FBI. My committee has jurisdiction of terrorism at home and abroad. We had jurisdiction. We wanted to know how did they communicate, and we could not get them before the committee because they had a permission slip from one of our committees saying they did not have to come. We need an independent commission. And the gentleman from Indiana (Mr. Roemer) is on target in what he wants to accomplish. Unfortunately, his amendment does not allow him to offer the kind of amendment he needs to, given its jurisdiction. We need a presidential commission that is independent that will tell us ultimately what we all know. If we had just listened to what the terrorists said in Arabic, we would have known about this attack.

Mr. SHAYS. Reclaiming my time, Mr. Chairman, I think there are many ways to work it out. I ultimately believe this should be a commission of people outside Congress and outside working for the administration. It needs to be people totally independent; people like a Sam Nunn or a Warren Rudman, or some others of that status. There should not be so many from the Speaker or the minority leader. We should not be saying these are our people and the other side of the aisle's people. I believe the victims, the families of September 11, are ultimately going to get a commission because they deserve it, and so do the American people. I salute my colleague for bringing this forward, but it is not the kind of commission that I would hope we would have.

Mr. SHAYS

Mr. SHAYS. Mr. Chairman, will the gentlewoman yield?

Mr. SHAYS. Mr. Chairman, I am delighted to join the authors of this legislation, the gentleman from Georgia (Mr. Chambliss) and the gentlewoman from California (Ms. Harman). I am not an author, but I am a cosponsor, because at the 30 hearings my Subcommittee on National Security has had, this issue has shown up almost at every instance. Protecting the safety and security of the Nation against terrorist attacks requires unprecedented cooperation between Federal, State and local agencies. Timely information sharing is an absolutely indispensable element of the Nation's ability to detect and preempt, disrupt or respond to any terrorist attack. I absolutely am amazed at how stubborn the procedural process has been, the cultural barriers that have blocked the information sharing on the local level. These individuals on the local level need to have the ability to gain security clearance. We need to encourage the Federal and State to interact better. I just commend the gentleman from Georgia (Mr. Chambliss), and I commend the chairman of the Permanent Select Committee on Intelligence and ranking member for their recognizing the need for this legislation and their past support.

Mr. SHAYS

Mr. SHAYS. Mr. Speaker, I rise in strong support of H.R. 4946, the Improving Access to Long-Term Care Act. H.R. 4946 phases in tax deductions for individuals who pay 50 percent of their long-term care costs. The deduction can be used for the taxpayer, a spouse or a dependent. The challenge of caring for a loved one over years and, in some cases, decades can literally break families apart and exhaust a lifetime of savings. Many families do not use private long-term care insurance to help protect against financial and emotional strain. I am a strong advocate for making private long-term care more affordable and support providing incentives--including tax deductions--for the purchase of private long-term care insurance. Under the current system Medicare doesn't pay for long term care and seniors are forced to ``spend down'' their assets to qualify for Medicaid, which provides $33 billion in long term care services each year. This has serious financial repercussions for retirees and taxpayers who pay for long term care assistance through public programs. As the Baby Boom generation retires, the financial burden will consume more of the public resources. In the coming decade, people over age 65 will represent up to 20 percent or more of the population, and the proportion of the population composed of individuals who are over age 85, who are most likely to be in need of long-term care, may double or triple. I urge my colleagues to vote for this crucial legislation.

Mr. SHAYS

Mr. SHAYS. Mr. Chairman, I rise in strong support of the Slaughter- Dicks-Horn-Johnson amendment to increase funding for the National Endowment for the Arts and the National Endowment for the Humanities. I support this modest amendment and believe increased funding would have an enormous impact by bringing the arts to under-served communities, like our inner-cities and rural areas, and by encouraging more support for preserving and promoting our cultural heritage. Federal funding helps symphonies, theaters, musical productions, ballet and educational programs. I grew up in an arts family. My mom and dad, both performing actors, met in the theater. I know the arts make a significant contribution to our lives. The arts improve the lives of many people, including children, the elderly and those on a limited budget, who might not otherwise have the opportunity to see some very beautiful and enriching performances. And federal funding helps enable talented individuals to pursue careers in the arts. Besides the cultural benefit, the economic impact of the arts is staggering. I urge you to support the amendment and increase funding for the NEA and NEH.

Mr. SHAYS. Mr. Chairman, I rise in opposition to the Kildee-Hayworth amendment and in support of establishing a commission to examine the Federal Government's policy towards Native Americans. Our Nation has a responsibility to Native Americans. This commission would go a long way in finding out if the Federal Government is meeting this responsibility. It is important for us to establish conditions so that we can examine what we are doing right, what we are doing wrong and what more needs to be done for the Native American community. Studies suggest the overall portrait of the community is failing in the areas of poverty, health care, housing, crime, education, and economic development. Finally, I fail to see any harm in establishing a commission which would make recommendations on how we can improve the performance of Federal assistance programs. I see only a positive. A commission will examine what the true effect of the Federal Government's reliance on gaming to the societal ills on reservations and answer the long-standing question of what it means for the Native American community at large. I would also suggest that whatever we are doing today for Native Americans is simply not succeeding. I have wondered for a long time why we failed to have any real, meaningful dialogue in the committee on why conditions are so bad for Native Americans. I happen to believe that, sadly, gaming has helped in some communities simply because the Federal Government has failed to do its job. Gaming cannot be a substitute for what we need to be doing as the Federal Government to help our Native Americans.

Mr. SHAYS

Mr. SHAYS. Mr. Speaker, I yield myself such time as I may consume. I think it says something that a Boston Bruins, one of the original six, and a New York Rangers fan are saluting the Detroit Red Wings. They have been an awesome team, remarkable players, and truly outstanding coach; and I will just say that given that some Members have not had the opportunity to speak, with some trepidation, I am going to ask for a rollcall vote and know that my House Members from different hockey towns will have the good nature and goodwill to make this a unanimous resolution.

Mr. SHAYS. Mr. Speaker, I yield myself such time as I may consume to thank the gentleman from Michigan for his very thoughtful comments, and to say whether you are a Bruin fan, or Ranger fan, like Mr. Tierney and me, you can still be very happy to support this important resolution honoring the Detroit Red Wings.

Mr. SHAYS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H. Res. 452.

Mr. SHAYS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am grateful to have an opportunity to salute the Detroit Red Wings and will just point out that my statement was written by a staff member who does not even happen to be a Detroit Red Wings fan, but he has done a gracious job in preparing this statement. Mr. Speaker, House Resolution 452, introduced by our distinguished colleague from the State of Michigan (Ms. Kilpatrick), congratulates the National Hockey League's Detroit Red Wings for winning the Stanley Cup for the third time in 6 years. The entire House delegation from the State of Michigan are cosponsors of this legislation. Last month, the Detroit Red Wings defeated the Carolina Hurricanes in just five games to win the Stanley Cup Finals and bring the title back to, as the writer says, Hockeytown. En route to the finals, the Red Wings beat last year's Stanley Cup champions, the Colorado Avalanche, to clinch the Western Conference title. The Red Wings' roster features such NHL superstars as team captain Steve Yzerman, Brett Hull, Sergei Federov, Chris Chelios, and goalie Dominik Hasek. I would specifically like to congratulate Detroit Head Coach Scotty Bowman for his impressive leadership this season and throughout his frankly awesome career. Coach Bowman has been with the team since 1993, and he has guided the Red Wings to three Stanley Cup championships, including back-to-back wins in 1997 and 1998. Bowman is retiring from the NHL and thus closing out a truly remarkable career, during which he set many coaching records including a record nine Stanley cup championships during his tenure with the Montreal Canadians, the Pittsburgh Penguins, and now with the Detroit Red Wings. Mr. Speaker, for these reasons, I urge adoption of House Resolution 452. Mr. Speaker, I reserve the balance of my time.

Mr. SHAYS

Mr. SHAYS. Mr. Speaker, I yield myself such time as I may consume. Again, I thank the distinguished gentleman from Massachusetts (Mr. Markey) for introducing this resolution and working so hard to bring it to the floor. Frankly, when he speaks, no one else needs to. I also thank the gentleman from Indiana (Mr. Burton), chairman of the Committee on Government Reform, and the gentleman from California (Mr. Waxman), the ranking member, for expediting its consideration. I ask all Members to support this resolution to express our condolences on Ted Williams' death and honor his awesome life and achievements.