America at Risk: Closing the Security Gap

AMERICA AT RISK: CLOSING THE SECURITY GAP -- (House of Representatives - February 26, 2004)

The SPEAKER pro tempore. Under the Speaker's announced policy of January 7, 2003, the gentleman from Texas (Mr. Turner) is recognized for 60 minutes as the designee of the minority leader.

Mr. TURNER of Texas. Mr. Speaker, I yield to the distinguished gentleman from South Carolina (Mr. Clyburn), the vice chairman of the Democratic Caucus.

THE MATTHEW PERRY COURTHOUSE

Mr. CLYBURN. Mr. Speaker, I thank the gentleman for yielding.

Mr. Speaker, I failed last evening to make this statement, which I thought was very important to me during Black History Month, because of a little appointment I had with the dentist. So I

I am pleased that the gentleman yielded to me today.

Mr. Speaker, when I first came to Congress 11 years ago, the very first piece of legislation I introduced was to name the Federal courthouse proposed for Columbia, South Carolina, in honor of Judge Matthew J. Perry, Jr. Some of my friends and colleagues cautioned me that the time was not quite right for such a bold initiative, and others counseled me that the thought bordered on naivete. But I had read and taken to heart Martin Luther King, Jr.'s letter from the Birmingham city jail.

In that timeless document, Dr. King addressed the rightness of time. King wrote that "time is neutral. Time is never right and time is never wrong." He opined in that letter that "the people of ill will in our society seem to make much better use of time than the people of goodwill." And he went on to write that "we are going to be made to repent in this generation not just for the vitriolic words and deeds of bad people, but for the appalling silence of good people." I felt, therefore, that even if it were not time for such to be done, it was certainly time for silence on the subject to be broken. It has been a long time coming, but I am proud to say that the Matthew J. Perry, Jr. United States Courthouse will be officially dedicated on April 23, 2004.

Today, like every day for the past 25 years, Judge Matthew J. Perry walked into his office in the Federal courthouse in Columbia, South Carolina, to adjudicate cases according to Federal law. Today, he sits as a defender of the very Constitution that was once used to deny him and his forebears the right to attend his home State's law school or vote for those who made the laws. Today, Judge Perry is a stoic defender of "liberty and justice for all" that led him and all of South Carolina to this glorious time in our history.

Born in a segregated society just a few miles from the building that now bears his name, Judge Perry's youth prepared him for a lifetime commitment to challenging injustice. Judge Perry was raised by a grandfather after his father died when he was 12 years old, and his mother left home to find work in New York as a seamstress. Despite his challenging childhood, he was determined to make a better life for himself and worked odd jobs to put himself through South Carolina State College.

A defining moment in Matthew Perry's life came when he was drafted to serve in World War II. After finishing basic training in Alabama, he went to the train station to proudly return home as an American soldier. But he was turned away from the station's restaurant and forced to order food through a window as he watched foreign prisoners of war eating inside. Such injustice fueled the fire within this gentle man to return to South Carolina after the war and attend South Carolina State College's law school, which was established to avoid integrating the law school at the University of South Carolina.

Upon graduation, he passed the State's newly implemented bar exam, which was adopted, in part, to impede blacks' membership in the South Carolina Bar. As a young black attorney, he took cases based on principle, not on payment. He became well known for his commitment to fighting for justice regardless of the personal costs and soon became the chief counsel of the South Carolina Conference of Branches of the NAACP.

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Judge Perry argued many notable cases. He served as lead attorney in the successful litigation to integrate Clemson University in 1963. In 1972, he won a tough reapportionment case which resulted in the creation of single member districts in South Carolina. He had a hand in almost every case that integrated South Carolina's public schools, hospitals, golf courses, restaurants, parks, playgrounds and beaches. He individually tried over 6,000 cases, and his work led to the release of some 7,000 people arrested for protesting various forms of segregation.

I was one of those protestors that Matthew Perry so eloquently defended, after I was arrested with nearly 300 other students on a bitterly cold day in 1961. Matthew Perry chose me as his chief witness at the trial of Fields against South Carolina. He lost that case, as he did all of his cases at the magistrate level, and, with one exception, all were overturned on appeal. His perseverance was unmatched and his dedication undaunted.

Judge Perry went on to become the first black lawyer from the Deep South to be appointed to a Federal bench when in 1976 he became a judge on the United States Military Court of Appeals here in Washington, D.C. Three years later, he returned home to become a United States District Judge for South Carolina, where he continues to serve today in senior status.

Throughout the death threats and lean times that marked his early career, to today's achievements and accolades, Matthew's devoted wife Hallie has remained steadfastly by his side. The couple has one son Michael, a banker in Charlotte, North Carolina.

The dedication of a United States courthouse in his honor in the shadow of his birthplace that was once cloaked in the scourge of segregation signals a new era in South Carolina, brought about in large measure by the dogged determination of Matthew Perry and his unbending faith that justice will prevail. His vision and veracity led him to challenge the Jim Crow laws of his time and succeeded in providing faith and hope to an entire generation of South Carolinians.

Mr. Speaker, the motto of the State of South Carolina is, "While I Breathe, I Hope." Our State's motto and our Nation's promise of life, liberty and the pursuit of happiness are reflected in the life experiences and work of Judge Matthew J. Perry, Jr., and I am pleased to be here today to enter into the record just a little synopsis of the life of this great South Carolinian and outstanding American.

Mr. TURNER of Texas. Mr. Speaker, I rise today to speak on a very critical subject, the subject of homeland security. There is no responsibility of this Congress more important than the exercise of vigorous and thorough oversight in the area of homeland security. Just one year ago, the Congress created the Department of Homeland Security from 22 separate agencies of this Federal Government. Implementing the largest reorganization of the Federal Government in almost 50 years would be daunting enough, but given the urgency to prevent, to deter and to respond to terrorist attacks, and knowing that failure is never an option when dealing with terrorism, it is clear to me that the administration, that the new Department and its congressional overseers, face a challenge unlike any in our history before.

A lack of leadership or focus, errors in prioritization or judgment, any of these can place thousands of American lives at risk. Poor management can result in a waste of taxpayer dollars as the new Department enters into multibillion-dollar contracts under pressure to get this critical job done.
The Democrats on the Select Committee on Homeland Security, in exercising our responsibility for oversight, have produced a 135-page review of the Department of Homeland Security's activities during its first year. This document is entitled "America at Risk: Closing the Security Gap." We have relied upon in preparation of this document our own independent investigations, our own research, as well as a wide range of expert opinion from throughout this country. This report highlights the very significant security gaps that still remain, and offers recommendations on how we can best go about closing these security gaps.

From the very founding of our Nation, the very first charge of government is to provide security for the American people. The opening words of our Constitution call on us to provide for the common defense. We gather here today in the shadow of a grave and gathering threat to the safety and the security of the American people. Those who delivered the deadly blows against our Nation on September 11, 2001, are poised for further attacks against our homeland.

Just days ago, Ayman al-Zawahari, the mastermind behind al Qaeda's operations and Osama bin Laden's closest confidant, threatened America once again. In an audiotape released to the Al Jazeera network, Zawahari had this to say: "Bush, strengthen your defenses and your security measures, for the Muslim nation, which sent you the legion of New York and Washington, has determined to send you legion after legion seeking death and paradise."

Just last Tuesday the Director of the Central Intelligence Agency, George Tenet, confirmed the stark reality of the al Qaeda threat, saying before this Congress, "Al Qaeda is still capable of catastrophic attacks against the United States." Director Tenet made the nature of the conflict with al Qaeda clear when he said, "We are still at war against a movement that is not going away any time soon."

Mr. Speaker, we are at war, at war against a cruel and calculating foe who will not stop in its effort to deliver death and destruction to our shores, and we must do everything necessary to close those security gaps that make us vulnerable to terrorist attack, and we must move with the urgency of a Nation at war.

That is why the Democratic Members of the House Select Committee on Homeland Security have chosen the first anniversary of the Department of Homeland Security to issue this report to the American people. We present a review of our defenses, and we propose recommendations to close the security gaps that make us vulnerable to attack.

Mr. Speaker, we all understand that there is no responsibility of Congress more important than working to preserve the safety and security of every American. That requires this Select Committee on Homeland Security in this House to vigorously exercise our oversight responsibility. We know that we cannot afford to sleep while Rome burns.

There are some who say on this first anniversary of the new Department that we are safer than we were before September 11, 2001. That is true. But that sets the bar way too low. The real question that we must ask today is, are we as safe as we need to be in light of the threats that we face? Unfortunately, the answer to that question is no.

Our Nation remains vulnerable to potential catastrophic attacks involving nuclear, chemical, biological and radiological weapons. Pathways to the United States by land, sea and air are still insecure; our critical infrastructures have few defenses; and our communities are not as prepared as they need to be in the event of a terrorist attack. The results of our report, "America at Risk: Closing the Security Gap," should serve as a call to action for this Nation.

Mr. Speaker, I believe there are some key defenses that we must have in place to prevent a catastrophic attack on our country. To keep the terrorists away from our shores, we must develop a unified terrorist watch list, and we must focus on preventing the threat of nuclear, radiological, biological and chemical attacks against the American people.

I would like to review for you just a few examples from this 135-page congressional oversight document which exposes the serious security gaps that we still have when it comes to protecting America from catastrophic attack.

Two and one-half years after September 11, 2001, there is still not a unified terrorist watch list in this government, a list that must be available to help our agents stop all suspected targets at our borders. The promised completion date for a unified terrorist watch list has slipped four times. In the past 2 weeks alone the completion date that is projected by the Department for this project has slipped another 9 months. We have the technology to create a unified terrorist watch list, but we need the focus and the discipline and the will to get this critical job done.

Many other systems that we are putting in place to protect America will depend upon an accurate, effective, real-time unified terrorist watch list. It is hard to understand or explain how 2 ½ years after September 11 we still have not gotten this job done.

Another example from this report of a security gap, millions of cargo and containers enter America every day and travel through our communities without having been screened for radiological and nuclear devices. This Congress has appropriated the funds to make sure cargo containers that enter our ports are free of nuclear material that could be used in a dirty bomb or a crude nuclear weapon, but the job is not yet done.

There are at least 57 different countermeasures that are needed to defend against diseases that are the greatest threat of biological terror. Today only one of these countermeasures can be widely distributed, just one.

Mr. Speaker, there is still no plan to secure the 123 chemical plants that we are told will threaten the lives of over 1 million people in the event of a massive breach of chemical containment due to terrorist attack. It remains an unassailable and uncomfortable fact that America is not as safe as it needs to be in the face of the threat of al Qaeda.

Mr. Speaker, we must take stronger and faster action to close these security gaps. The men and women who patrol our borders, who inspect our cargo at our ports, who respond to emergencies are setting a high standard for excellence, but they must have the leadership and the support and the direction that they deserve. That is the responsibility of the leadership of this Congress and of the new Department of Homeland Security and of our President.

On this, the first anniversary of the Department of Homeland Security, we should strive to regain that sense of urgency that we all had after September 11, 2001. We must have a renewed sense of purpose to close the security gaps which threaten the safety of the American people.

I am confident that, working together, we can accomplish these goals. I am confident that America can look forward to a day when we have won the war on terror.

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But it will not happen unless this Nation continues to press forward with a sense of urgency that we all know must exist when we are at war.

Some have said, can we afford to protect America against the threat of terrorist attack? And there is no question that the cost of security has run to the billions of dollars. But the real question that we should be asking and that we should be willing to address is, can we afford not to close these security gaps? For the truth of the matter is that if we fail to close these security gaps and our terrorist enemies are successful in another catastrophic attack against our country, it will cost us far more than the cost of securing America.

When I look at the level of spending for homeland defense, though it is large, it is important to put it in the context of the total Federal budget and the cost of our government. And when we examine the President's budget request for this upcoming fiscal year, which will be considered over the next few months by this Congress, we see that the President has asked for an increase in homeland security, new spending for the Department of Homeland Security that is equal to the amount of money that we spend every month in Iraq.

Now, we know we must be successful in Iraq. We know that having committed, we cannot afford to fail to achieve the stability of that country and to achieve democracy for the people of Iraq. But when we recognize that we, in our own defense, have seen the President recommend increased spending for our own security here at home an amount of money equal to what we spend every month in Iraq, it causes one to ask, are we placing our priorities in the right place. Both are important, but most important is protecting the security of the American people here at home.

I have the opportunity to receive briefings from time to time as the ranking member of the Select Committee on Homeland Security from our new Terrorist Threat Integration Center. I have the opportunity to look into the eyes of those CIA agents who daily have to listen to the threat reports from al Qaeda and other organizations against this country, and I can assure my colleagues that this country is at risk. And let there be no mistake about it: we must continue in our resolve to move faster and be stronger in protecting this country against the threat of al Qaeda and like-minded terrorist groups.

One of the members of our committee, a freshman member, the gentleman from Florida (Mr. Meek), expressed it this way the other day. He said, spending on homeland security is like buying insurance. You can either pay the premium and get the insurance to protect you, or you can decline to pay the premium and face the risk of the consequences. This Nation remains at risk. We are engaged in a struggle unlike any in the history of this country, and we are facing an enemy that is driven by culture, by religion, by fanaticism, and that is intent upon doing harm to the people of our country. This threat is one that we must face head on. This threat is one that we must be sure that we prevail against. And this threat is one that we must be willing to pay the cost of.

Mr. Speaker, it is my hope that every Member of Congress and the American people will join with us in regaining the sense of urgency that we have in making sure that we have done everything necessary to ensure the protection of the American people. I would urge every Member of this Congress and every listener to take a look at this report and its contents on the Web site of the Select Committee on Homeland Security. The Web address is www.house.gov/hsc/democrats/. Let me repeat that, Mr. Speaker: www.house.gov/hsc/democrats/.

As my colleagues review this report, I think they will find that we as a Nation have a long way to go in being able to tell the American people that we are prepared enough to defend against, to prevent, to deter, and to respond to a catastrophic terrorist attack.

Mr. Speaker, I hope that every Member of this Congress will join together in that same spirit that this Congress exhibited on September 11 of 2001 when we gathered just outside of this Chamber on the steps of this Capitol and joined together in expressing our resolve to prevail against al Qaeda, expressing our commitment to do whatever is necessary to win, and joined together in singing "God bless America." For the truth is, we are the greatest Nation that has ever existed on the face of the Earth. We have tremendous responsibilities in our leadership in this world, and we must do whatever is necessary to prevail in the war on terror.

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