Saturday, November 26, 2005

Free and Secure Trade ID (another one)

National News
Truckers Balk at Passport Requirement
November 25, 2005

Nearly a year after President Bush signed the Intelligence Reform and Terrorism Prevention Act, the trucking industry is seeking flexibility in the act's regulatory implementation so that commercial drivers are not mandated to carry a passport, a trucking executive testified before Congress recently. The statute includes language that allows for such flexibility.

Speaking on behalf of the American Trucking Associations before the U.S. House Committee on Small Business, Kenneth Staub Jr., vice president of flatbed carrier Riverside Service Corp., said if commercial drivers were required to carry passports, the additional process and expense could dissuade commercial truck drivers from transporting international commerce between the United States and its two largest trading partners. Passports also would duplicate existing government-issued identification for commercial truck drivers and security documentation, he said.

"While trucking has worked with various government agencies on security for cross-border trade, it is important to recognize that security and trade facilitation go hand in hand," said Staub, whose Buffalo-based truckload carrier firm along with sister company Black Rock Trucking Inc. deliver freight to and from Canada.

The Intelligence Reform and Terrorism Prevention Act calls for the Secretary of Homeland Security and the Secretary of State to develop a plan to tighten document requirements for both U.S. citizens and foreign nationals entering the country.

The Western Hemisphere Travel Initiative permits U.S. citizens and non-immigrant aliens to enter the United States only with passports or alternative documentation, as outlined by the Secretary of Homeland Security to designate identity and citizenship.

The trucking industry supports improving security at the border while facilitating trade. However, because commercial drivers already are subject to a variety of credentialing and security programs, the trucking industry is urging the government to consider certain existing federal credentials in lieu of passports. These include Border Crossing Cards, Free and Secure Trade (FAST) IDs, the Transportation Worker Identification Credential (TWIC), and other appropriate government issued identifications and screening programs.

According to the U.S. Bureau of Customs and Border Protection, 11.5 million trucks crossed the U.S. borders in 2003. U.S. trade with Canada is now valued at $444 billion and trade with Mexico is valued at $266 billion.

The American Trucking Associations is the largest national trade association for the trucking industry. ATA represents more than 37,000 members covering every type of motor carrier in the United States.

  • Find this article.

  • Tuesday, November 22, 2005

    SAC on board

    Sac airport pursues pre-OK'd security lines


    By Mark Larson
    Sacramento Business Journal
    Updated: 7:00 p.m. ET Nov. 20, 2005


    If you fly in and out of Sacramento International Airport regularly, by early next summer you'll likely be able to bypass any long security lines.

    It'll cost you, though.

    *********

    But he has publicly said the company is ready to provide its service to an estimated 35 airports around the country within six months. Lockheed Martin Corp. is Verified's partner and general contractor. Unisys Corp. and Electronic Data Systems Corp. bid against and lost to Verified Identity for the Orlando airport test.

    The federal government recently finished gathering data on the performance of five different screening systems that were tested at airports in Minneapolis, Los Angeles, Houston, Boston and Washington, D.C.

    Two weeks ago they decided to open the door for airports around the country to seek private bids for the service. Formally dubbed "Registered Traveler," the privately run program overseen by the feds is set for a national launch on June 20.


    The American Association of Airport Executives has signed up 60 airports and tech companies to set business rules and technical standards for interoperability of the registered traveler system. Federal regulators eventually will choose which vendors will be able to work within the fee-based system.



  • Registered Traveler Program to take off.

  • Monday, November 21, 2005

    data privacy meeting notice for Homeland Security

    17 November 2005

    -----------------------------------------------------------------------

    [Federal Register: November 16, 2005 (Volume 70, Number 220)]
    [Notices]
    [Page 69583-69584]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr16no05-97]

    =======================================================================
    -----------------------------------------------------------------------

    DEPARTMENT OF HOMELAND SECURITY

    Office of the Secretary

    [DHS-2005-0047]


    Data Privacy and Integrity Advisory Committee

    AGENCY: Office of the Secretary, Department of Homeland Security (DHS).

    ACTION: Notice of Federal Advisory Committee meeting.

    -----------------------------------------------------------------------

    SUMMARY: The notice announces the date, time, location, and agenda for
    the next meeting of the Department of Homeland Security Data Privacy
    and Integrity Advisory Committee. This meeting will include a partially
    closed session.

    DATES: The meeting will be held on Tuesday, December 6, 2005, in
    Washington, DC.

    ADDRESSES: The Department of Homeland Security Data Privacy and
    Integrity Advisory Committee meeting will be held in the Capitol
    Ballroom (E & F) at the JW Marriott Hotel, 1331 Pennsylvania Avenue,
    Washington, DC 20004. Persons wishing to make comments or who are
    unable to attend or speak at the meeting may submit comments at any
    time. Comments must be identified by DHS-2005-0047 and may be submitted
    by any one of the following methods:
  • Federal Rule Making Portal.

    Follow instructions for submitting comments on the Web site.
    E-mail: PrivacyCommittee@dhs.gov . Include docket number in
    the subject line of the message.
    Fax: 571-227-4171.
    Mail: Ms. Rebecca J. Richards, Executive Director, Data
    Privacy and Integrity Advisory Committee, Department of Homeland
    Security, Mail Stop C-3, Arlington, VA 22202.
    Instructions: All submissions received must include the Department
    of Homeland Security and DHS-2005-0047, the docket number for this
    action. Comments received will be posted without alternation at http://www.regulations.gov
    Docket: For access to the docket to read background documents or

    [[Page 69584]]

    comments received by the DHS Data Privacy and Integrity Committee, go
    to http://www.regulations.gov
    http://www.dhs.gov/privacy

    FOR FURTHER INFORMATION CONTACT: Maureen Cooney, Acting Chief Privacy
    Officer, or Rebecca J. Richards, Executive Director, Data Privacy and
    Integrity Advisory Committee, Department of Homeland Security,
    Arlington, VA 22202 by telephone (571) 227-3813, by facsimile (571)
    227-4171, or by e-mail PrivacyCommittee@dhs.gov .

    SUPPLEMENTARY INFORMATION: The DHS Data Privacy and Integrity Advisory
    Committee (Committee) will be meeting on Tuesday December 6, 2005, in
    the Capitol Ballroom (E&F) at the JW Marriott Hotel, 1331 Pennsylvania
    Avenue, Washington, DC 20004. The meeting will begin at 8:30 a.m. and
    continue until 4:30 p.m. Although most of the meeting is open to the
    public, there will be a closed session between 12:30 p.m. and 1:30
    p.m., in order to permit the Privacy Advisory Committee members to
    discuss administrative and planning items, including future meetings
    and a timeline for possible subcommittee reports to the full Committee.
    At the meeting, the Acting Chief Privacy Officer will provide an
    update on the activities of the Privacy Office. The subcommittees will
    update the Committee on the work currently being conducted and plan to
    finalize the Framework for Privacy Analysis of Programs, Technologies,
    and Applications that was discussed at the September 28, 2005, Meeting
    in Bellingham, WA. This document can be found at http://www.dhs.gov/privacy
    morning there will be a panel discussion on the uses of data analytics
    in the public sector.
    In the afternoon, there will be a panel presentation by various
    redress offices at DHS on policies and procedures for handling citizen
    concerns. This will be followed by a panel of international privacy
    commissioners discussing cross border cooperation.
    Public comments will be accepted during the meeting, between 4 p.m.
    and 4:30 p.m. All those who wish to testify during this time may
    register in advance or sign-up on the day of the meeting. In order to
    allow as many people as possible to testify, witnesses should limit
    their remarks to three minutes. Due to limited seating, any member of
    the public who wishes to attend the public session should provide his
    or her name no later than 12 p.m. EST, Thursday, December 1, 2005, to
    Rebecca J. Richards via e-mail at PrivacyCommittee@dhs.gov , or via
    telephone at (571) 227-3813.
    Photo identification will be required for entry on the day of the
    meeting to verify those individuals who have registered for the public
    session, and everyone who plans to attend should be present and seated
    by 8:15 a.m. for the morning session and 1:15 p.m., for the afternoon
    session. Registration information required for attendance will be used
    for verification purposes on the day of the meeting. Attendance
    information, including names of members of the public attending, will
    be made public as part of the official meeting minutes.
    Persons with disabilities who require special assistance should
    indicate this in their admittance request and are encouraged to
    identify anticipated special needs as early as possible.
    Although every effort will be made to accommodate all members of
    the public, seating is limited and will be allocated on a first-come,
    first-served basis.
    Basis for Closure: Portions of this Committee meeting for
    administrative and planning purposes which are referenced above are
    excluded from the Open Meetings requirement pursuant to the authority
    contained in 41 CFR part 102-3.160(b).

    Dated: November 2, 2005.
    Maureen Cooney,
    Acting Chief Privacy Officer.
    [FR Doc. 05-22711 Filed 11-15-05; 8:45 am]

    BILLING CODE 4410-10-P

  • Thursday, November 17, 2005

    Lie Detectors in Airport Security

    Lie Detectors - The Last Word In Airport Security?
    November 17, 2005

    A new walk-through airport lie detector made in Israel may prove to be the toughest challenge yet for potential hijackers or drugs smugglers.

    Tested in Russia, the two-stage GK-1 voice analyser requires that passengers don headphones at a console and answer "yes" or "no" into a microphone to questions about whether they are planning something illicit.

    The software will almost always pick up uncontrollable tremors in the voice that give away liars or those with something to hide, say its designers at Israeli firm Nemesysco.

    "In our trial, 500 passengers went through the test, and then each was subjected to full traditional searches," said chief executive Amir Liberman. "The one person found to be planning something illegal was the one who failed our test."

    The GK-1 is expected to cost between USD$10,000-$30,000 when marketed. A spokesman for Moscow's Domodedevo Airport, which is using a prototype, said "the tester (lie detector) has proved to be effective and we are in principle ready to use it".

    The September 11, 2001 hijacking attacks have led to a slew of innovations designed to boost airline security. Liberman said several countries had expressed interest in the device.

    "Unlike conventional lie detectors such as the polygraph, this is minimally invasive, requiring hardly any physical contact," Liberman said, adding that the first stage of the test takes between 30-75 seconds.

    Those that fail are taken aside for more intensive questioning and, if necessary, searches. Liberman said around 12 percent of passengers tend to show stress even when they have nothing to hide.

    "Some may feel nervous because they have used drugs, while having no intention to smuggle drugs," he said. "The whole thing is performed in a low-key manner to avoid causing anxiety."

    Business Opportunities for RegisteredTraveler

    November 15, 2005 02:02 PM US Eastern Timezone

    Viisage to Acquire Integrated Biometric Technology, Strengthening Identity Solutions Platform

    BILLERICA, Mass.--(BUSINESS WIRE)--Nov. 15, 2005--


    First Planned Acquisition with L-1 Investment Partners to Add Leading Fingerprint Technology Solution Provider to Viisage Portfolio and Further Viisage Market Penetration


    Viisage (Nasdaq: VISG) announced today the intention to acquire Nashville, Tennessee-based Integrated Biometric Technology (IBT), a leader in providing fingerprinting products, services and solutions to government, civil, and commercial customers that require criminal background checks and screening. This is the first proposed acquisition for Viisage, a leading provider of advanced technology identity solutions, since the announced investment in Viisage by L-1 Investment Partners, LLC of Stamford, Connecticut. The IBT proprietary fingerprint technology and background screening solutions will be offered as part of the Viisage portfolio of identity solution products and are important elements in the Viisage vision of offering an end-to-end solution for securing and managing personal identities. The IBT solutions also are expected to allow Viisage to further penetrate existing markets and create a channel into new market opportunities.

    L-1 has entered into a definitive agreement to acquire 60 percent of the outstanding ownership interests of IBT for $35 million in cash and has agreed to acquire the remaining 40 percent on or before January 30th, 2006 for an additional $25 million. It is expected that upon consummation of the L-1 investment in Viisage, anticipated in December 2005, Viisage would acquire from IBT all outstanding stock of IBT for five million newly-issued shares of pre-reverse split Viisage common stock and pay L-1 $35 million in cash, thereby transferring full ownership of IBT to Viisage. The transaction is expected to produce revenue in the $30 to $35 million range and be accretive in 2006.

    "Identity solutions that combine leading face recognition and fingerprint solutions with high security credentialing technologies are increasingly in demand," said Bernard Bailey, president and CEO of Viisage. "The addition of IBT's expertise in fingerprinting solutions to our existing identity solutions platform is expected to be a very attractive solution for both existing and prospective customers. By combining our two companies' valuable management resources and assets at the Federal and State level, along with IBT's penetration into the financial services sector, we believe we are clearly positioning Viisage to achieve sustainable long-term growth."

    IBT would add a deeper dimension to the Viisage portfolio of solutions by automating the electronic processing of fingerprints for criminal background checks and searches with the Federal Bureau of Investigation's (FBI) Integrated Automated Fingerprint Identification System (IAFIS). IBT also provides this leading fingerprinting solution to the banking, education and securities industries.

    IBT's proprietary software and processes have revolutionized livescan fingerprint capture, management, and transmission, and are used to perform background screening for applicants seeking a new job or individuals who provide services that require their identity to be vetted. For example, pursuant to the USA PATRIOT Act, the estimated 2.7 million commercial drivers that transport hazardous materials are required to undergo background screening. In 2004, the US Transportation Security Administration (TSA) awarded a multi-million dollar contract, with a potential value in excess of $100 million over a four-year period, to IBT under which IBT has deployed a sophisticated network of electronic fingerprint capture devices throughout the United States to process applicants and provide criminal background checks and screening for hazardous materials transportation licenses in 34 states in support of the USA PATRIOT Act mandate.

    "The synergies between our goals in building the Viisage identity solutions platform and the unique capabilities of IBT provide great upside opportunities in the high growth identity solutions market," added Bob LaPenta, chairman and CEO of L-1 Investment Partners, LLC. "IBT is an established company with a solid customer base that is complementary to Viisage's existing customer base and offers channels into new markets. Viisage and IBT each have a solid base of recurring revenue, which we expect will provide for greater visibility and stability in the businesses going forward."

    IBT customers include US Federal Government agencies, state and local governments as well as the three largest banks in the United States, and 34 state departments of motor vehicles including Connecticut, Delaware, North Dakota, Oklahoma, Rhode Island, and West Virginia. Combining IBT's success with fingerprinting solutions in the financial market with Viisage's document authentication, proofing and credentialing solutions is expected to provide highly desirable end-to-end identity proofing solutions for these and other institutions that must meet strict federal regulations for vetting a person's identity prior to granting privileges to those individuals, such as opening a new bank account.

    Charles Carroll, president and CEO of IBT, commented, "IBT customers have benefited tremendously from our fingerprinting solutions, which have helped with significant business issues ranging from background checks for compliance to cost savings from fraud. We are delighted with the plan to become part of a greater suite of identity solutions and believe that Viisage offers the leading solutions in the market today. The synergies provided by this combination will enhance our product offerings as we pursue further opportunities such as TWIC and the Registered Traveler Program."

    Conference call

    Viisage will host a conference call with the investment community to discuss the IBT acquisition beginning at 3:30 p.m. ET on Tuesday, November 15, 2005. The dial-in number for the call is 866.356.3093 and the participant conference code is 39459658. Internationally, please dial 617.597.5381, using the same participant conference code. The call also will be available via live audio webcast under the Conference Calls page of the Investors section of the Company's website (www.viisage.com). To access the webcast, please go to the Company's website at least 10 minutes prior to the start of the call and follow the directions. A replay of the webcast will be available at Viisage's website beginning an hour after completion of the call.

    About Viisage

    Viisage (NASDAQ: VISG) delivers advanced technology identity solutions for governments, law enforcement agencies and businesses concerned with enhancing security, reducing identity theft, and protecting personal privacy. Viisage solutions include secure credentials such as passports and drivers' licenses, biometric technologies for uniquely linking individuals to those credentials, and credential authentication technologies to ensure the documents are valid before individuals are allowed to cross borders, gain access to finances, or granted other privileges. With over 3,000 installations worldwide, Viisage's identity solutions stand out as a result of the Company's industry-leading technology and unique understanding of customer needs. Viisage's product suite includes FaceTOOLS(R) SDK, Viisage PROOF(TM), FaceEXPLORER(R), Viisage iA-thenticate(R), BorderGuard(R), IdentityTOOLS(TM), IdentityEXPLORER(TM), FacePASS(TM) and FaceFINDER(R).

    This news release contains forward-looking statements that involve risks and uncertainties. Forward-looking statements in this document and those made from time to time by Viisage through its senior management are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements reflect the Company's current views with respect to the future events or financial performance discussed in this release, based on management's beliefs and assumptions and information currently available. When used, the words "believe", "anticipate", "estimate", "project", "should", "expect", "plan", "assume" and similar expressions that do not relate solely to historical matters identify forward-looking statements. Forward-looking statements concerning future plans or results are necessarily only estimates and actual results could differ materially from expectations. The consummation of the IBT acquisition is subject to the completion of L-1's proposed $100 million investment in the Company. Because this investment is subject to approval by the shareholders of the Company and certain other closing conditions, there can be no assurance that L-1 will consummate an investment in the Company, and therefore that Viisage will complete the acquisition of IBT. There also can be no assurance with respect to the timing of the L-1 investment or the IBT acquisition or the benefits of theL-1 investment or the IBT acquisition. Certain factors that could cause or contribute to such differences include, among other things, the possible inability of the Company or L-1 to satisfy conditions to closing the L-1 investment and/or the IBT acquisition, including but not limited to the requirement that the Company's shareholders approve the L-1 investment, the size and timing of contract awards, performance on contracts, availability and cost of key components, unanticipated results from audits of the financial results of the Company and acquired companies, changing interpretations of generally accepted accounting principles, outcomes of government reviews, developments with respect to litigation to which we are a party, potential fluctuations in quarterly results, dependence on large contracts and a limited number of customers, lengthy sales and implementation cycles, market acceptance of new or enhanced products and services, proprietary technology and changing competitive conditions, system performance, management of growth, dependence on key personnel, ability to obtain project financing, general economic and political conditions and other factors affecting spending by customers, the unpredictable nature of working with government agencies and other risks, uncertainties and factors including those described from time to time in Viisage's filings with the Securities and Exchange Commission, including without limitation, Viisage's Form 10-K for the year ended December 31, 2004 and its quarterly reports on Form 10-Q. Viisage expressly disclaims any obligation to update any forward-looking statements.

    Viisage has filed a preliminary proxy statement with the Securities and Exchange Commission in connection with the proposed L-1 investment. Investors are urged to read such proxy statement which contains important information. The proxy statement and other documents filed by Viisage with the SEC are available free of charge at the SEC's website (www.sec.gov) or from Viisage by directing a request to investor@viisage.com, or from Viisage's website at www.viisage.com.

    Viisage and its directors, executive officers, and other employees may be deemed to be participating in the solicitation of proxies from Viisage stockholders in connection with the approval of the proposed transaction. Information about Viisage's directors and executive officers is available in Viisage's proxy statement, dated September 7, 2005, for its 2005 Special Meeting in Lieu of Annual Meeting. Additional information about the interests of potential participants is included in the preliminary proxy statement which Viisage has filed with the SEC.
    Contacts
    Viisage
    Maureen Todaro, 978-932-2438
    Vice President, Corporate Communications
    mtodaro@viisage.com

    Tuesday, November 15, 2005

    RegisteredTraveler this summer

    Trusted Traveler To Fly: TSA Approves Nationwide, Fee-Based, Federal/Private Program
    TSA Approves Nationwide, Fee-Based, Federal/Private Program

    By Jay Boehmer

    NOVEMBER 14, 2005 -- The Transportation Security Administration next summer plans to launch its Registered Traveler program on a permanent and nationwide basis, following a five-airport test that concluded in September. TSA said the program, set to roll out on June 20, would be a fee-funded cooperative between private industry and the federal government that would expedite airport security screening for travelers who satisfy background checks.

    During testimony before a House subcommittee this month, TSA director Kip Hawley said the government will establish requirements for background checks and set biometric standards for the program, while approved private companies would manage Registered Traveler operations at airports. As such, the permanent Registered Traveler program largely would employ as its template an ongoing Orlando sub-pilot, which is operated by Verified Identity Pass (BTN, June 20).

    Steven Brill, CEO of Verified Identity Pass, said his company is working with its competitors and TSA to establish interoperable guidelines, so that airport programs operated by various vendors can offer compatibility. Brill, during testimony before the House, likened the interoperability standards to bank issuers and automated teller machines, noting that cards issued by one bank can be used at another.

    "TSA is going to have a process by which providers like us are certified," Brill told BTN last week. "They want to make sure Mohammed Atta isn't going into the registered traveler business or that some small company whose brother-in-law operates an airport is getting that contract. They'll welcome small and large competitors, but they want to make sure everyone meets the same technical and security standards."

    Ahead of TSA's deadline for interoperability standards, Brill said the company and its competitors are poised to launch Registered Traveler programs at between 30 and 40 major airports in the United States within the next six months. "It would not surprise me if before June there was a bunch of airports that had completed their process of choosing a service provider, of getting clearance from TSA and were operating programs," he said. "We're on the verge of announcing a few airports that have already made their decisions."

    TSA's Hawley said that in addition to a speedier run through security checkpoints, cleared travelers may be exempt from removing shoes and coats and perhaps may have separate lanes for screening—as is done in Orlando.

    Although the goal of the Registered Traveler program is to provide approved travelers a common experience and compatibility from airport to airport, Hawley said TSA could not ensure that all airports participating follow the same format. "To the extent possible, TSA believes that benefits should be consistent across airport environments. However, our ability to provide benefits such as dedicated screening lanes will be limited by the design and space availability at participating airports."

    Also under consideration, Hawley said, is the degree to which background checks are conducted. "TSA is strongly considering whether a full criminal-history records check should be undertaken," according to Hawley. "We would anticipate that a full criminal-records check, when done in conjunction with our collected biometrics, would allow us to better screen applicants to the program and provide them with more significant benefits."

    As TSA mulls its options, Brill mulls the corporate market, saying that his company is working on a program to offer volume discounts to corporate clients who wish to purchase annual memberships for the program, which otherwise costs about $80 per year.

    In another move to make itself more palatable to the corporate market, Verified Identity Pass in September signed a deal with Cendant Travel Distribution Services to offer Orbitz for Business and Travelport customers an unspecified discount to join the program (BTN, Oct. 3). Brill last week said the company is exploring other partnerships.

    Kevin Iwamoto, global commodity manager for Hewlett-Packard Co., said the "jury is out" on whether many companies would pay for such a program on behalf of their travelers. "If the government encourages it by making it a tax-deductible expenditure for corporations, then it would be safe to say that companies would jump on it," he said. "However, if the government says they won't extend that type of status to a Registered Traveler-type program and if you want it, you buy it, then you'll see a splinter of companies that may be willing to do that."

    With funding for such a program cut from next year's Department of Homeland Security budget, TSA elected to forego public funding and large government contracts in favor of allowing airports to choose which approved vendors they use. Therefore, the latest incarnation of the Registered Traveler program will rely solely on fees paid by travelers.

    That model satisfies requests made by the American Association of Airport Executives. "Rather than preordaining any one proprietary system, this open architecture ensures that airports have an opportunity to work with any number of technology vendors to design a system that works best at their facility," said AAAE president Charles Barclay.

    In addition to Verified Identity Pass, which is the only company currently operating a Registered Traveler test, other such vendors as Unisys—which was part of the government's pilot program—are getting into the Registered Traveler business.

    Although the pilot programs at five airports throughout the U.S. by design did not offer an interoperability component, the program proved satisfactory to participants. Hawley during the hearing discussed the government's assessment of the pilot programs conducted at airports in Minneapolis, Los Angeles, Houston, Boston and Washington, D.C., deeming it a success. Hawley said 95 percent of participants said the system was easy to use and 98 percent supported its continuation. "Further, based on the results of the Orlando sub-pilot, we have concluded that the public will accept the involvement of a private company in a Registered Traveler program that collects and processes biographic and biometric data, and that a fee-based program can attract participants."

    The National Business Travel Association and the Association of Corporate Travel Executives for years have lauded the program's intent of speeding travelers through security and further endorsed TSA's commitment to a program.

    "Business travelers, travel managers and their companies will be pleased to learn that after more than three years of promoting the importance of a Registered Traveler program, a timeline is finally set for putting the program in place," NBTA executive director and COO Bill Connors this month said in a statement. "Registered Traveler will increase the level of air travel security by shrinking the proverbial haystack for airport screeners, and it will speed the screening process at airports, making travel more pleasant and more productive for business travelers."

    While the concept of a Registered Traveler program has won broad support from the business travel community, the American Civil Liberties Union has warned of potential pitfalls, claiming the program would jeopardize—rather than further secure—traveler safety. "This program won't make us safer," ACLU legislative counsel Timothy Sparapani said in a statement this month. "Members of a terrorist sleeper cell could obtain false identification and become registered travelers, using the lessened security screening to evade detection and commit a terrorist act."

    Even Tom Ridge, the first secretary of DHS, acknowledged this as a possibility during a press conference at NBTA's annual convention in San Diego this summer (BTN, Sept. 5). When asked how to make sure that nobody in the Registered Traveler program is a terrorist, he said, "Candidly, there is no guarantee. "


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  • Friday, November 11, 2005

    TSA merges lists

    11 November 2005
    Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

    -----------------------------------------------------------------------

    [Federal Register: November 8, 2005 (Volume 70, Number 215)]
    [Notices]
    [Page 67731-67736]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr08no05-48]

    =======================================================================
    -----------------------------------------------------------------------

    DEPARTMENT OF HOMELAND SECURITY

    Transportation Security Administration

    [Docket Nos. TSA-2004-19166 and TSA-2004-17982]


    Privacy Act of 1974: System of Records; Transportation Security
    Threat Assessment System (T-STAS) and Registered Traveler (RT)
    Operations Files

    AGENCY: Transportation Security Administration (TSA), DHS.

    ACTION: Notice to alter two existing systems of records; request for
    comments.

    -----------------------------------------------------------------------

    SUMMARY: TSA is altering two existing systems of records under the
    Privacy Act of 1974. The revisions affect the Transportation Security
    Threat Assessment System (T-STAS), DHS/TSA 002, and Registered Traveler
    (RT) Operations Files, DHS/TSA 015, and will update the ``Categories of
    individuals covered by the system'' section for both systems, and the
    ``Categories of records in the system'' section for the T-STAS system.

    DATES: Submit comments by December 8, 2005.

    ADDRESSES: You may submit comments, identified by the TSA docket
    numbers to this rulemaking, using any one of the following methods:
    Comments Filed Electronically: You may submit comments through the
    docket Web site at http://dms.dot.gov. You also may submit comments

    through the Federal eRulemaking portal at
    http://www.regulations.gov.

    Comments Submitted by Mail, Fax, or In Person: Address or deliver
    your written, signed comments to the Docket Management System, U.S.
    Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
    Washington, DC 20590-0001; Fax: 202-493-2251.
    See SUPPLEMENTARY INFORMATION for format and other information
    about comment submissions.

    FOR FURTHER INFORMATION CONTACT: Lisa S. Dean, Privacy Officer, Office
    of Transportation Security Policy, TSA-9, 601 South 12th Street,
    Arlington, VA 22202-4220; telephone (571) 227-3947; facsimile (571)
    227-2555.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    TSA invites interested persons to participate by submitting written
    comments, data, or views. See ADDRESSES above for information on where
    to submit comments.
    With each comment, please include your name and address, identify
    the docket number at the beginning of your comments, and give the
    reason for each comment. The most helpful comments reference a specific
    portion of the document, explain the reason for any recommended change,
    and include supporting data. You may submit comments and material
    electronically, in person, by mail, or fax as provided under ADDRESSES,
    but please submit your comments and material by only one means. If you
    submit comments by mail or delivery, submit them in two copies, in an
    unbound format, no larger than 8.5 by 11 inches, suitable for copying
    and electronic filing.
    If you want TSA to acknowledge receipt of comments submitted by
    mail, include with your comments a self-addressed, stamped postcard on
    which the docket number appears. We will stamp the date on the postcard
    and mail it to you.
    TSA will file in the public docket all comments received, except
    for comments containing confidential information and sensitive security
    information (SSI) \1\, TSA will consider all comments received on or
    before the closing date for comments and will consider comments filed
    late to the extent practicable. The docket is available for public
    inspection before and after the comment closing date.
    ---------------------------------------------------------------------------

    \1\ ``Sensitive Security Information'' or ``SSI'' is information
    obtained or developed in the conduct of security activities, the
    disclosure of which would constitute an unwarranted invasion of
    privacy, reveal trade secrets or privileged or confidential
    information, or be detrimental to the security of transportation.
    The protection of SSI is governed by 49 CFR part 1520.
    ---------------------------------------------------------------------------


    Handling of Confidential or Proprietary Information and Sensitive
    Security Information (SSI) Submitted in Public Comments

    Do not submit comments that include trade secrets, confidential
    commercial or financial information, or SSI to the public regulatory
    docket. Please submit such comments separately from other comments on
    the rulemaking. Comments containing this type of information should be
    appropriately marked as containing such information and submitted by
    mail the address listed in FOR FURTHER INFORMATION CONTACT section.
    TSA will not place such comments in the public docket, but rather,
    will handle these comments in accordance with applicable safeguards and
    restrictions on access. TSA will hold them in a separate file to which
    the public does not have access, and place a note in the public docket
    that TSA has received such materials from the commenter. If TSA
    receives a request to examine or copy this information, TSA will treat
    it as any other request under the Freedom of Information Act (FOIA) (5
    U.S.C. 552) and the Department of Homeland Security's (DHS') FOIA
    regulation found in 6 CFR part 5.

    Reviewing Comments in the Docket

    Please be aware that anyone is able to search the electronic form
    of all comments received into any of our dockets by the name of the
    individual submitting the comment (or signing the comment, if submitted
    on behalf of an association, business, labor union, etc.). You may
    review the applicable Privacy Act Statement published in the Federal
    Register on April 11, 2000 (65 FR 19477), or you may visit http://dms.dot.gov
    .

    You may review the comments in the public docket by visiting the
    Dockets Office between 9 a.m. and 5 p.m.,

    [[Page 67732]]

    Monday through Friday, except Federal holidays. The Dockets Office is
    located on the plaza level of the Nassif Building at the Department of
    Transportation address, previously provided under ADDRESSES. Also, you
    may review public dockets on the Internet at
    http://dms.dot.gov.


    Availability of Document

    You can get an electronic copy using the Internet by--
    (1) Searching the Department of Transportation's electronic Docket
    Management System (DMS) Web page (http://dms.dot.gov/search); (2) Accessing the Government Printing Office's Web page at http://

    http://www.gpoaccess.gov/fr/index.html; or

    (3) Visiting TSA's Law and Policy Web page at http://www.tsa.gov

    and accessing the link for ``Law and Policy'' at the top of the page.
    In addition, copies are available by writing or calling the
    individual in the FOR FURTHER INFORMATION CONTACT section. Make sure to
    identify the docket number(s) of this document.

    Background

    TSA is altering two existing systems of records under the Privacy
    Act of 1974. The first, the Transportation Security Threat Assessment
    System (T-STAS) (DHS/TSA 002), facilitates the performance of threat
    assessments and employment investigations on individuals who require
    special access to the transportation system, and was last amended in a
    notice published in the Federal Register on December 10, 2004 (69 FR
    71837).
    The second, the Registered Traveler (RT) Operations Files (DHS/TSA
    015), relates to a pilot project designed to positively identify
    certain travelers who volunteer to participate in the program. The
    program may expedite the pre-boarding process and improve allocation of
    TSA resources. Information concerning the RT program was last published
    in the Federal Register on June 1, 2004 (69 FR 30948).
    TSA is in the process of improving its direct access to certain
    governmental databases used in performing security threat assessments
    in order to more efficiently perform such assessments. The improved
    access will result in the individuals covered by these databases being
    added to TSA record systems. Accordingly, TSA is amending the
    ``Categories of individuals covered by the system'' portions of T-STAS
    and RT systems of records by adding, at the end of the list of
    individuals, a new category to include: ``Known or suspected terrorists
    identified in the Terrorist Screening Database (TSDB) of the Terrorist
    Screening Center (TSC); individuals identified by TSA who are on the
    Selectee List because they pose a viable threat to civil aviation or
    national security; and individuals on classified and unclassified
    governmental terrorist, law enforcement, immigration, or intelligence
    databases, including databases maintained by the Department of Defense,
    National Counterterrorism Center, or Federal Bureau of Investigation.''
    TSA is also making further amendments to the ``Categories of
    individuals covered by the system'' and to the ``Categories of records
    in the system'' in the T-STAS system, which it is not making to the RT
    system, by expanding and clarifying various sections as follows:
    (1) Adding a new category (l) to the categories of individuals, to
    expressly include individuals seeking to become, or qualified as, known
    shippers. These individuals are currently covered by category (g)
    ``Other individuals who are connected to the transportation industry
    for whom TSA conducts security threat assessments to ensure
    transportation security,'' but express identification in a new category
    (l) will clarify that this system covers these individuals.
    (2) Adding the term ``shipping venues'' to the introductory
    paragraph of the categories of individuals, and revising category (9)
    of ``Routine uses of records maintained in the system, including
    categories of users and the purposes of such uses'' section to reflect
    that TSA will disclose information to air carriers and indirect air
    carriers regarding individuals who contract for, or seek access to,
    transportation infrastructure or assets.
    (3) Including in the introductory paragraph of the categories of
    individuals, individuals seeking, or being provided access to,
    Sensitive Security Information or Classified information provided in
    connection with transportation security matters.
    (4) Modifying the first sentence of ``Categories of individuals
    covered by this system,'' and category (a) of the ``Purpose(s)''
    sections to clarify that the system covers all types of evaluations
    performed for security purposes.
    (5) Revising categories (d) and (p), and adding a new category (u)
    at the end of the list of records in the ``Categories of records in the
    system,'' as follows:
    Current category (d) covers various forms of Government-
    issued licensing or identification information. The category is being
    revised to expressly reflect the inclusion of citizenship and
    immigration records, alien registration numbers, and visa information.
    These items are currently listed in category (o) and will be repeated
    in (d) to clarify that such records are not limited to travel
    documents, as they are listed in category (o).
    Current category (p) covers criminal history records
    obtained from the Federal Bureau of Investigation (FBI). This category
    is being revised to include other criminal history records, such as
    Department of Defense and some state and local criminal history
    records. While these records are described in existing category of
    record (r) ``Other information provided by Federal, State, and local
    government agencies or private entities,'' TSA has determined that
    amending the category of records will clarify that criminal history
    records from several sources may be part of this system.
    TSA is adding a new category (u) to include suitability
    testing and results of such testing. This expansion of the category of
    records is intended to cover any tests that transportation-related
    employees or contractors may be required to undergo.
    The complete revised notice of the systems of records follows.
    System of Records
    DHS/TSA 002

    System name:
    Transportation Security Threat Assessment System (T-STAS).

    Security classification:
    Classified, Sensitive.

    System location:
    Records are maintained at the Transportation Security
    Administration (TSA) Headquarters, 601 South 12th Street, Arlington, VA
    22202. Some records may also be maintained at the offices of TSA
    contractors, or in TSA field offices.

    Categories of individuals covered by the system:
    Individuals who undergo a security threat assessment, employment
    investigation, or other evaluation performed for security purposes, in
    order to obtain access to the following: transportation infrastructure
    or assets, such as terminals, facilities, pipelines, railways, mass
    transit, vessels, aircraft, or vehicles; restricted airspace; passenger
    baggage; cargo; shipping venues; Sensitive Security Information or
    Classified information provided in connection with transportation
    security matters; or transportation-related instruction or training
    (such as flight training). This includes, but is not limited to, the
    following individuals:
    (a) Individuals who require or seek access to airport secured,
    sterile, or a

    [[Page 67733]]

    Security Identification Display Area (SIDA); have or seek unescorted
    access authority to these areas; have or seek authority to grant others
    unescorted access to these areas; have or seek regular escorted access
    to these areas; or are seeking identification that is evidence of
    employment at the airport.
    (b) Individuals who have or are seeking responsibility for
    screening passengers or carry-on baggage, and those persons serving as
    immediate supervisors and the next supervisory level to those
    individuals, other than employees of the TSA who perform or seek to
    perform these functions.
    (c) Individuals who have or are seeking responsibility for
    screening checked baggage or cargo, and their immediate supervisors,
    and the next supervisory level to those individuals, other than
    employees of the TSA who perform or seek to perform these functions.
    (d) Individuals who have or are seeking the authority to accept
    checked baggage for transport on behalf of an aircraft operator that is
    required to screen passengers.
    (e) Pilots, copilots, flight engineers, flight navigators, airline
    personnel authorized to fly in the cockpit, relief or deadheading
    crewmembers, cabin crew, and other flight crew for an aircraft operator
    or foreign air carrier that is required to adopt and carry out a
    security program.
    (f) Flight crews and passengers who request waivers of temporary
    flight restrictions (TFRs) or other restrictions pertaining to
    airspace.
    (g) Other individuals who are connected to the transportation
    industry for whom TSA conducts security threat assessments to ensure
    transportation security.
    (h) Individuals who have or are seeking unescorted access to cargo
    in the transportation system.
    (i) Individuals who are owners, officers, or directors of an
    indirect air carrier or a business seeking to become an indirect air
    carrier.
    (j) Aliens or other individuals designated by TSA who apply for
    flight training or recurrent training.
    (k) Individuals transported on all-cargo aircraft, including
    aircraft operator or foreign air carrier employees and their family
    members and persons transported for the flight.
    (l) Individuals seeking to become, or qualified as, known shippers.
    (m) Known or suspected terrorists identified in the Terrorist
    Screening Database (TSDB) of the Terrorist Screening Center (TSC);
    individuals identified by TSA who are on the Selectee List because they
    pose a viable threat to civil aviation or national security; and
    individuals on classified and unclassified governmental terrorist, law
    enforcement, immigration, or intelligence databases, including
    databases maintained by the Department of Defense, National
    Counterterrorism Center, or Federal Bureau of Investigation.

    Categories of records in the system:
    TSA's system may contain any, or all, of the following information
    regarding individuals covered by this system:
    (a) Full name (including aliases or variations of spelling).
    (b) Gender.
    (c) Current and historical contact information (including, but not
    limited to, address information, telephone number, and e-mail).
    (d) Government-issued licensing or identification information
    (including, but not limited to, social security number; pilot
    certificate information, including number and country of issuance;
    current and past citizenship information; immigration status; alien
    registration numbers; visa information; and other licensing information
    for modes of transportation).
    (e) Date and place of birth.
    (f) Name and information, including contact information and
    identifying number (if any) of the airport, aircraft operator, indirect
    air carrier, maritime or land transportation operator, or other
    employer or entity that is employing the individual, or submitting the

    individual's information, or sponsoring the individual's background
    check/threat assessment.
    (g) Physical description, fingerprint and/or other biometric
    identifier, and photograph.
    (h) Date, place, and type of flight training or other instruction.
    (i) Control number or other unique identification number assigned
    to an individual or credential.
    (j) Information necessary to assist in tracking submissions,
    payments, and transmission of records.
    (k) Results of any analysis performed for security threat
    assessments and adjudications.
    (l) Other data as required by Form FD 258 (fingerprint card) or
    other standard fingerprint cards used by the Federal Government.
    (m) Information provided by individuals covered by this system in
    support of their application for an appeal or waiver.
    (n) Flight information, including crew status on board.
    (o) Travel document information (including, but not limited to,
    passport information, including number and country of issuance; and
    current and past citizenship information and immigration status, any
    alien registration numbers, and any visa information).
    (p) Criminal history records.
    (q) Data gathered from foreign governments or entities that is
    necessary to address security concerns in the aviation, maritime, or
    land transportation systems.
    (r) Other information provided by Federal, State, and local
    government agencies or private entities.
    (s) The individual's level of access at an airport.
    (t) The individual's military service history.
    (u) Suitability testing and results of such testing.

    Authority for maintenance of the system:
    49 U.S.C. 114, 5103a, 40103(b)(3), 40113(a), 44903(b), 44936,
    44939, 46105.

    Purpose(s):
    (a) Performance of security threat assessments, employment
    investigations, and evaluations performed for security purposes that
    Federal statutes and/or TSA regulations authorize for the individuals
    identified in ``Categories of individuals covered by the system,''
    above.
    (b) To assist in the management and tracking of the status of
    security threat assessments, employment investigations, and evaluations
    performed for security purposes.
    (c) To permit the retrieval of the results of security threat
    assessments, employment investigations, and evaluations performed for
    security purposes; including criminal history records checks and
    searches in other governmental, commercial, and private data systems,
    performed on the individuals covered by this system.
    (d) To permit the retrieval of information from other terrorist-
    related, law enforcement and Intelligence databases on the individuals
    covered by this system.
    (e) To track the fees incurred, and payment of those fees, by the
    airport operators, aircraft operators, maritime and land transportation
    operators, flight students, and others, where appropriate, for services
    related to security threat assessments, employment investigations, and
    evaluations performed for security purposes.
    (f) To facilitate the performance of security threat assessments
    and other investigations that TSA may conduct to ensure transportation
    security.

    [[Page 67734]]

    Routine uses of records maintained in the system, including categories
    of users and the purposes of such uses:
    (1) To the United States Department of Transportation, its
    operating administrations, or the appropriate State or local agency,
    when relevant or necessary to--
    (a) Ensure safety and security in any mode of transportation;
    (b) Enforce safety- and security-related regulations and
    requirements;
    (c) Assess and distribute intelligence or law enforcement
    information related to transportation security;
    (d) Assess and respond to threats to transportation;
    (e) Oversee the implementation and ensure the adequacy of security
    measures at airports and other transportation facilities;
    (f) Plan and coordinate any actions or activities that may affect
    transportation safety and security or the operations of transportation
    operators; or
    (g) The issuance, maintenance, or renewal of a license,
    endorsement, certificate, contract, grant, or other benefit.
    (2) To the appropriate Federal, State, local, tribal, territorial,
    foreign, or international agency responsible for investigating,
    prosecuting, enforcing, or implementing a statute, rule, regulation, or
    order, where TSA becomes aware of an indication of a violation or
    potential violation of civil or criminal law or regulation.
    (3) To the appropriate Federal, State, local, tribal, territorial,
    foreign, or international agency regarding individuals who pose, or are
    suspected of posing, a risk to transportation or national security.
    (4) To contractors, grantees, experts, consultants, volunteers, or
    other like persons, when necessary to perform a function or service
    related to this system of records for which they have been engaged.
    Such recipients are required to comply with the Privacy Act, 5 U.S.C.
    552a, as amended.
    (5) To a Federal, State, local, tribal, territorial, foreign, or
    international agency, where such agency has requested information
    relevant or necessary for the hiring or retention of an individual; or
    the issuance of a security clearance, license, endorsement, contract,
    grant, waiver, credential, or other benefit.
    (6) To a Federal, State, local, tribal, territorial, foreign, or
    international agency, if necessary to obtain information relevant to a
    TSA decision concerning the hiring or retention of an employee; the
    issuance of a security clearance, license, endorsement, contract,
    grant, waiver, credential, or other benefit.
    (7) To international and foreign governmental authorities, in
    accordance with law and formal or informal international agreement.
    (8) To third parties during the course of a security threat
    assessment, employment investigation, or adjudication of a waiver or
    appeal request, to the extent necessary to obtain information pertinent
    to the assessment, investigation, or adjudication.
    (9) To airport operators, indirect air carriers, aircraft
    operators, flight school operators, and maritime and land
    transportation operators or contractors about individuals; when
    relevant to the individual's employment, application, contract,
    issuance of credentials or clearances, acceptance for flight training,
    or access to transportation infrastructure or assets.
    (10) To a Federal, State, local, tribal, territorial, foreign, or
    international agency so that TSA may obtain information to conduct
    security threat assessments or employment investigations and to
    facilitate any associated payment and accounting.
    (11) To the Department of Justice (DOJ) or other Federal agency in
    the review, settlement, defense, and prosecution of claims, complaints,
    and lawsuits involving matters over which TSA exercises jurisdiction;
    or when conducting litigation, or in proceedings, before any court,
    adjudicative or administrative body, when: (a) TSA; or (b) any employee
    of TSA in his/her official capacity; or (c) any employee of TSA in his/
    her individual capacity, where DOJ or TSA has agreed to represent the
    employee; or (d) the United States or any agency thereof, is a party to
    the litigation, or has an interest in such litigation, and TSA
    determines that the records are both relevant and necessary to the
    litigation and the use of such records is compatible with the purpose
    for which TSA collected the records.
    (12) To a congressional office from the record of an individual, in
    response to an inquiry from that congressional office made at the
    request of the individual.
    (13) To the National Archives and Records Administration, or other
    appropriate Federal agency, pursuant to records management inspections
    being conducted under the authority of 44 U.S.C. 2904 and 2906.

    Disclosure to consumer reporting agencies:
    None.

    Policies and practices for storing, retrieving, accessing, retaining,
    and disposing of records in the system:
    Storage:
    In electronic storage media and hard copy.

    Retrievability:
    Information can be retrieved by name, social security number,
    identifying number of the submitting or sponsoring entity, other case
    number assigned by TSA or other entity/agency, biometric, or a unique
    identification number, or any other identifying particular assigned or
    belonging to the individual.

    Safeguards:
    All records are protected from unauthorized access through
    appropriate administrative, physical, and technical safeguards. These
    safeguards include some or all of the following: restricting access to
    those authorized with a need-to-know; using locks, alarm devices, and
    passwords; compartmentalizing databases; auditing software; and
    encrypting data communications.

    Retention and disposal:
    National Archives and Records Administration approval is pending
    for the records in this system.

    System manager(s) and address:
    Assistant Director for Compliance, Transportation Threat Assessment
    & Credentialing Office, TSA-19, Transportation Security Administration,
    601 South 12th Street, Arlington, VA 22202-4220.

    Notification procedure:
    To determine whether this system contains records relating to you,
    write to the System Manager identified above.

    Record access procedure:
    Same as ``Notification Procedure,'' above. Provide your full name
    and a description of information that you seek, including the time
    frame during which the record(s) may have been generated. Individuals
    requesting access must comply with the Department of Homeland Security
    Privacy Act regulations on verification of identity (6 CFR 5.21(d)).

    Contesting record procedure:
    Same as ``Notification Procedure'' and ``Record Access Procedure,''
    above.

    Record source categories:
    Information is collected from individuals subject to a security
    threat assessment, employment investigation, or other security
    analysis; from aviation, maritime, and land transportation

    [[Page 67735]]

    operators, flight schools, or other persons sponsoring the individual;
    and any other persons, including commercial entities that may have
    information that is relevant or necessary to the assessment or
    investigation. Information about individuals is also used or collected
    from domestic and international intelligence sources and other
    governmental, private, and public databases. The sources of information
    in the criminal history records obtained from the Federal Bureau of
    Investigation (FBI) are set forth in the Privacy Act system of records
    notice ``JUSTICE/FBI-009.''

    Exemptions claimed for the system:
    Portions of this system are exempt under 5 U.S.C. 552a(k)(1),
    (k)(2), and (k)(6). In addition, to the extent a record contains
    information from other exempt systems of records, TSA will rely on the
    exemptions claimed for those systems.
    DHS/TSA 015

    System name:
    Registered Traveler (RT) Operations Files.

    Security classification:
    Classified, sensitive.

    System location:
    Records will be maintained at TSA Headquarters in Arlington,
    Virginia; at other authorized TSA or DHS secure facilities, as
    necessary; and at a digital safe site managed by a Government
    contractor.

    Categories of individuals covered by the system:
    (a) Individuals who voluntarily apply to participate in the RT
    Pilot Program, who agree to provide personal information to TSA that
    may be used as part of a security assessment, and who may or may not
    meet the eligibility criteria as determined by TSA;
    (b) Authorized Federal law enforcement officers (LEOs);
    (c) Individuals who participate in the Federal Flight Deck Officer
    (FFDO) program; and
    (d) Known or suspected terrorists identified in the Terrorist
    Screening Database (TSDB) of the Terrorist Screening Center (TSC);
    individuals identified by TSA who are on the Selectee List because they
    pose a viable threat to civil aviation or national security; and
    individuals on classified and unclassified governmental terrorist, law
    enforcement, immigration, or intelligence databases, including
    databases maintained by the Department of Defense, National
    Counterterrorism Center, or Federal Bureau of Investigation.

    Categories of records in the system:
    Information in the system includes some, or all, of the following:
    (a) Full name.
    (b) Current home address.
    (c) Current home phone number.
    (d) Current cell phone number (if applicable).
    (e) Social security number.
    (f) Date of birth.
    (g) Place of birth.
    (h) Nationality.
    (i) Gender.
    (j) Prior home addresses.
    (k) Arrival date in United States (non-U.S. citizens only).
    (l) Digital photo.
    (m) Reference biometric (i.e. fingerprint(s), iris scan, facial
    geometry, hand geometry, handwriting/signature, others).
    (n) Unique identification record number.
    (o) Unique token or credential serial number.
    (p) Security assessments.
    (q) Information pertaining to adjudication results.
    (r) RT eligibility status.
    (s) Token or credential issue date.
    (t) Token or credential expiration date.
    (u) Information and data provided by Federal, State, and local
    government agencies and foreign governments that is necessary to
    conduct a security assessment to determine if an individual poses a
    potential threat to aviation security.
    (v) Authorized Federal LEOs may have a Federal LEO code name and
    unique administrative code number.

    Authority for maintenance of the system:
    49 U.S.C. 114; Sec. 109(a)(3), Aviation and Transportation Security
    Act (ATSA), Pub. L. 107-71.

    Purpose(s):
    The system utilized during the RT Pilot Program will facilitate the
    development, testing, and administration of the RT concept, including
    conducting security assessments on program applicants; additional
    security assessments may or may not be conducted on authorized LEOs,
    FFDOs, and other authorized government officials. The purpose of the RT
    pilot program is to--
    (1) Pre-screen and positively identify volunteer travelers using
    advanced identification technologies, including biometrics, which may
    expedite the pre-boarding process for the traveler and improve the
    allocation of TSA's security resources on individuals who may pose a
    security threat;
    (2) Prevent potential threats from individuals who are
    impersonating Federal LEOs and seek to board commercial aircraft while
    armed;
    (3) Assist in the management and tracking of the status of security
    assessments for applicants and those deemed eligible for the Registered
    Traveler Pilot Program;
    (4) Permit the retrieval of the results of security assessments,
    including criminal history records checks and searches in other
    governmental identification systems, performed on the individuals
    covered by this system;
    (5) Permit the retrieval of information from other law enforcement
    and intelligence databases on individuals covered by this system; and
    (6) Identify potential threats to transportation security, uphold
    and enforce the law, and ensure public safety.

    Routine uses of records maintained in the system, including categories
    of users and the purposes of such uses:
    (1) To the United States Department of Transportation, its
    operating administrations, or the appropriate State or local agency,
    when relevant or necessary to--
    (a) Ensure safety and security in any mode of transportation;
    (b) Enforce safety and security related regulations and
    requirements;
    (c) Assess and distribute intelligence or law enforcement
    information related to transportation security;
    (d) Assess and respond to threats to transportation;
    (e) Oversee the implementation and ensure the adequacy of security
    measures at airports and other transportation facilities;
    (f) Plan and coordinate any actions or activities that may affect
    transportation safety and security or the operations of transportation
    operators; or
    (g) The issuance, maintenance, or renewal of a license,
    certificate, contract, grant, or other benefit.
    (2) To the appropriate Federal, State, local, tribal, territorial,
    foreign, or international agency responsible for investigating,
    prosecuting, enforcing, or implementing a statute, rule, regulation, or
    order, where TSA becomes aware of an indication of a violation or
    potential violation of civil or criminal law or regulation.
    (3) To contractors, grantees, experts, consultants, or volunteers,
    when necessary to perform a function or service related to this system
    of records for which they have been engaged. Such recipients are
    required to comply with the Privacy Act, 5 U.S.C. 552a, as amended.
    (4) To airports and aircraft operators, to the extent necessary to
    identify

    [[Page 67736]]

    Registered Travelers and ensure the proper ticketing, security
    screening, and boarding of those passengers.
    (5) To a Federal, State, local, tribal, territorial, foreign, or
    international agency, in response to queries regarding persons who may
    pose a risk to transportation or national security; a risk of air
    piracy or terrorism or a threat to airline or passenger safety; or a
    threat to aviation safety, civil aviation, or national security.
    (6) To the Department of State and other Intelligence Community
    agencies, to further the mission of those agencies relating to persons
    who may pose a risk to transportation or national security; a risk of
    air piracy or terrorism or a threat to airline or passenger safety; a
    threat to aviation safety, civil aviation, or national security.
    (7) To international and foreign governmental authorities, in
    accordance with law and formal or informal international agreement.
    (8) To authorized law enforcement and other Government agencies, as
    necessary, to conduct the security assessments and, if applicable, to
    facilitate payment and accounting.
    (9) To the Department of Justice (DOJ) in review, settlement,
    defense, and prosecution of claims, complaints, and lawsuits involving
    matters over which TSA exercises jurisdiction.
    (10) To the DOJ or other Federal agency conducting litigation or in
    proceedings before any court, adjudicative or administrative body,
    when: (a) TSA, or (b) any employee of TSA in his/her official capacity,
    or (c) any employee of TSA in his/her individual capacity where DOJ or
    TSA has agreed to represent the employee, or (d) the United States or
    any agency thereof, is a party to the litigation or has an interest in
    such litigation, and TSA determines that the records are both relevant
    and necessary to the litigation and the use of such records is
    compatible with the purpose for which TSA collected the records.
    (11) To a congressional office from the record of an individual in
    response to an inquiry from that congressional office made at the
    request of the individual.
    (12) To the General Services Administration and the National
    Archives and Records Administration in records management inspections
    being conducted under the authority of 44 U.S.C. 2904 and 2906.
    (13) To the Attorney General of the United States or his/her
    official designee, when information indicates that an individual meets
    any of the disqualifications for receipt, possession, shipment, or
    transport of a firearm under the Brady Handgun Violence Prevention Act.
    In case of a dispute concerning the validity of the information
    provided by TSA to the Attorney General, or his/her designee, it shall
    be a routine use of the information in this system of records to
    furnish records or information to the national Background Information
    Check System, established by the Brady Handgun Violence Prevention Act,
    as may be necessary to resolve such dispute.

    Disclosure to consumer reporting agencies:
    None.

    Policies and practices for storing, retrieving, accessing, retaining,
    and disposing of records in the system:
    Storage:
    Records may be stored on magnetic disc, tape, digital media, CD-
    ROM, bar code, magnetic stripe, optical memory stripe, disk, integrated
    circuit chip, and/or other approved technologies and may also be
    retained in hard copy format in secure file folders.

    Retrievability:
    Records may be retrieved by the applicant's name, unique
    identification record number, or other unique administrative
    identifier; paper records, where applicable, are retrieved
    alphabetically by name or other unique administrative identifier.

    Safeguards:
    Information in this system is safeguarded in accordance with
    applicable rules and policies, including any applicable TSA and DHS
    automated systems security and access policies. The computer system
    from which records could be accessed is policy and security based,
    meaning access is limited to those individuals who require it to
    perform their official duties. The system also maintains a real-time
    auditing function of individuals who access the system. Classified
    information is appropriately stored in a secured facility, secured
    databases, and containers and in accordance with other applicable
    requirements, including those pertaining to classified information.

    Retention and disposal:
    Records in this system will be retained and disposed of in
    accordance with the National Archives and Records Administration's
    General Records Schedule 20.

    System manager and address:
    Registered Traveler Program Manager, Transportation Threat
    Assessment & Credentialing, TSA-19, Transportation Security
    Administration, 601 South 12th Street, Arlington, VA 22202-4220.

    Notification procedure:
    To determine if this system contains a record relating to you,
    write to the system manager at the address indicated above and provide
    your full name, current address, date of birth, place of birth, and a
    description of information that you seek, including the time frame
    during which the record(s) may have been generated. You may also
    provide your Social Security Number or other unique identifier(s), but
    you are not required to do so. Individuals requesting access must
    comply with the Department of Homeland Security's Privacy Act
    regulations on verification of identity (6 CFR 5.21(d)).

    Record access procedure:
    Same as ``notification procedure,'' above.

    Contesting record procedure:
    Same as ``notification procedure,'' above.

    Record source categories:
    Information contained in this system may be obtained from the RT
    applicant, law enforcement and intelligence agency record systems,
    government and commercial databases, military and National Guard
    records, and other Department of Homeland Security systems.

    Exemptions claimed for the system:
    Portions of this system are exempt from 5 U.S.C. 552a(c)(3), (d),
    (e)(1), (e)(4)(G), (H), and (I), and (f) pursuant to 5 U.S.C.
    552a(k)(1) and (k)(2). In addition, to the extent a record contains
    information from other exempt systems of records, TSA will rely on the
    exemptions claimed for those systems.

    Issued in Arlington, Virginia, on October 26, 2005.
    Lisa S. Dean,
    Privacy Officer.
    [FR Doc. 05-22124 Filed 11-7-05; 8:45 am]

    BILLING CODE 4910-62-P

    Sunday, November 06, 2005

    Another take on the issue

  • Tom Paine.

  • Info Week

  • Information Week Blog.

    One advantage to this program that the linked discussion does not cover is this:

    Airport Security Lines are themselves a potentially attractive target for terrorists. If you, golden spoon in your mouth, are not in the line, then all the better, Kapish?

  • Homeland Security Subcommittee

    Feds to Offer Registered Traveler Program Nationwide

    NOVEMBER 04, 2005 -- Washington -- The federal Transportation Security Administration (TSA) plans to expand its Registered Traveler program, which aims to smooth airport security screening, nationwide.

    TSA head Kip Hawley yesterday revealed the agency's plans in testimony before the House Homeland Security subcommittee but gave no timetable for nationwide implementation.

    "A nationwide Registered Traveler program can provide expedited screening for many travelers and enhance aviation security as well," Hawley said.

    Under the voluntary program, passengers submit to a government background check, fingerprinting and an eye scan in exchange for a quicker, potentially less intrusive screening at security checkpoints.

    Those enrolled in the program pass through a dedicated checkpoint equipped with a biometric scanner, thereby avoiding the long lines that often form while ordinary passengers await clearance at conventional checkpoints. Enrollees also can avoid random secondary screenings or pat-downs if they and their carry-on bags clear the checkpoint without triggering alarms.

    The TSA estimates that a background check and biometric card will cost about $30 to $50. The agency expects that private companies will operate the program after the initial background check, charging each enrollee an estimated $80 annually.

    Registered Traveler began in July 2004 as a pilot program and was offered to passengers at five airports. The program was discontinued at four airports in September and a prototype program is now the only one in presently in effect at Orlando International Airport. That program charges $80.

    Friday, November 04, 2005

    registered traveler opposition forming

    NewStandard
    Imminent Registered Traveler Program Approval Drawing Heat
    by Brendan Coyne (bio)

    Nov 4 - A plan to allow travelers to bypass the most intrusive airport security provisions by paying a fee, providing fingerprints or other biological identification and submitting to background checks came under attack from civil liberties groups this week as Congress prepares to give the program final approval.

    Under the Transportation Security Administration's Registered Traveler Program, participants' information will be compiled and processed by a yet-to-be-named private company, according to the TSA. In exchange for submitting to the pre-approval process, fliers will be permitted to skip out on random body searches and other airport security measures. The required fee has not been decided on.

    Yesterday, TSA head Kip Hawley presented the preliminary plan to the House Homeland Security subcommittee. Hawley intends to implement the program nationally on June 20. It is currently in a pilot stage at five airports.

    Under plans laid out before Congress, private companies would be responsible for enrolling participants and issuing identification cards. The federal government would handle background checks.

    In an unusual line of argument for the group, the American Civil Liberties Union cautioned that the program will make the nation less secure. In a statement, the ACLU also said the program could inadvertently make participants subject to private company machinations.

    "Members of a terrorist sleeper cell could obtain false identification and become registered travelers, using the lessened security screening to evade detection and commit a terrorist act," ACLU lawyer Timothy Sparapani said in a statement. "Congress should not spend scarce homeland-security dollars on a program that makes us more vulnerable. And Congress should not support a program that draws a big bull's-eye on the private information of America's frequent travelers."

    In testimony outlining problems with the program, Electronic Privacy Information Center President Marc Rotenberg said the passenger pre-screening process was "fatally flawed" and recommended sending the TSA back to the drawing board.

    Rotenberg said the proposal was fraught with privacy issues and possibilities of inaccuracies. The information used to determine people's security status will be based, in part, on current government watch lists, which have been shown to include individuals with no links to terrorism.

    Additionally, Rotenberg pointed out, the databases used for Registered Traveler are not subject to Privacy Act provisions meant to safeguard individuals from government misuse of their personal information.

    Transportation officials are considering expanding the freedoms afforded under the program to include special passenger screening lanes and permitting registered flyers to leave their shoes and jackets on when going through security checkpoints, the AP reported.

    From the Cato Institute

    November 4, 2005

    In a brief of the Cato Institute as Amicus Curiae in support of petitioners in Kelo v. City of New London, Cato scholars, Mark Moller, Tim Lynch, Robert Levy and Richard Epstein, argue: "The romantic assumption that legislatures act only for the common good leads to travesties like this New London project. This Court should follow the lead of the Michigan Court in Hathcock and overrule Midkiff insofar as it holds that any assertion of a generalized public benefit should be routinely blessed under the rational basis standard of review."
    Registered Traveler Program Takes Off in June

    "A program that speeds pre-screened travelers through security will begin June 20, launching what airports hope will be a new era of checkpoint screening," USA Today reports. "Transportation Security Administration chief Kip Hawley announced the start date Thursday at a congressional hearing. The Registered Traveler program will allow people who have passed a background check to go through checkpoints quicker. Participants must pay a fee, go through a records check for criminal warrants, and provide a fingerprint and eye scan. They'll be checked against databases of known terrorists."

    In his testimony before the House Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity, Jim Harper, director of information policy studies at the Cato Institute, had this to say: "There are problems with Registered Traveler. It is unseemly to have government agents associated with segregating 'preferred' travelers from others. The Registered Traveler program essentially denies fairness, due process, and privacy protections to volunteers. And the 'voluntariness' of the program could disappear at any time. Because it is a government program, no promise about it being optional can be assured.

    "The problems with Registered Travel are premised on the error in having government provide security services to the air transportation industry. There are emotional and political justifications for it, but there is no principled, security-based, or economic rationale for providing a massive security subsidy to airlines."

    congressional record, 06Oct05

    [Congressional Record: October 6, 2005 (House)]
    [Page H8685-H8693]
    From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
    [DOCID:cr06oc05-154]




    WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R. 2360,
    DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2006

    Mr. SESSIONS. Mr. Speaker, by direction of the Committee on Rules, I
    call up House Resolution 474 and ask for its immediate consideration.
    The Clerk read the resolution, as follows:

    [[Page H8686]]

    H. Res. 474

    Resolved, That upon adoption of this resolution it shall be
    in order to consider the conference report to accompany the
    bill (H.R. 2360) making appropriations for the Department of
    Homeland Security for the fiscal year ending September 30,
    2006, and for other purposes. All points of order against the
    conference report and against its consideration are waived.
    The conference report shall be considered as read.

    The SPEAKER pro tempore. The gentleman from Texas (Mr. Sessions) is
    recognized for 1 hour.
    Mr. SESSIONS. Mr. Speaker, for the purpose of debate only, I yield
    the customary 30 minutes to the gentleman from Massachusetts (Mr.
    McGovern), pending which I yield myself such time as I may consume.
    During consideration of this resolution, all time yielded is for the
    purpose of debate only.
    Mr. Speaker, the rule before us today is the standard rule for the
    consideration of a conference report. It waives all points of order
    against the conference report and against its consideration and
    provides that the conference report shall be considered as read.
    Mr. Speaker, I rise in support of this rule and the underlying
    legislation. This rule, brought to the floor today by the gentleman
    from Kentucky (Mr. Rogers), the chairman of the Appropriations
    Subcommittee on Homeland Security, funds our most important Federal
    programs aimed at securing this Nation against terrorist attacks.
    It provides $30.8 billion for the operations and activities of the
    Department of Homeland Security in fiscal year 2006, an increase of
    $1.4 billion above fiscal year 2005 and $1.3 billion above the
    President's request. The conference report agreement reflects the DHS
    organizational structure recommended by the Secretary on July 13, 2005,
    and does not create any new aviation security fees.
    This legislation secures our homeland first and foremost by
    protecting our borders and revitalizing immigration enforcement. It
    provides nearly two-thirds of the overall budget for the Department,
    $19.1 billion for border protection, immigration enforcement and
    related activities.

    {time} 1745

    This represents an increase of $1.2 billion over funding in 2005 and
    $490 million over the President's request. These funds are used to
    support cutting-edge technologies for high-risk cargo screening, to
    expand cargo inspection at foreign ports, and to support a robust
    revitalization of immigration enforcement along our borders and around
    our Nation.
    Among other security enhancing measures, this funding includes $1.8
    billion for border security and control, funding an additional 1,000
    Border Patrol agents. When combined with this year's supplemental
    appropriations, 1,500 new agents will be hired in 2006. It provides for
    $3.4 billion for Immigration and Customs Enforcement, funding an
    additional 250 criminal investigators and 100 Immigration Enforcement
    agents. When combined with this year's supplemental, 568 new ICE agents
    and officers will be hired for year 2006.
    It provides $41 million for border security technology, including
    surveillance and unmanned aerial vehicles; $562 million for Air and
    Marine Operations to maintain the integrity of our borders and
    aerospace security, as well as drug interdiction; $94 million for the
    Institutional Removal Program, including an additional 100 agents; $40
    million for implementation of the READ ID Act; $5 million to train
    State and local officials and officers to enforce immigration laws; $1
    billion for immigration detention custody operations; and $135 million
    for transportation and removal of illegal immigrants.
    This conference report also recognizes the active role that the
    Department of Homeland Security must play in disaster mitigation and
    relief efforts. It prioritizes spending on Federal response capacities
    as well as increased planning and coordination with the States.
    To accomplish this, it includes $1.77 billion for the Disaster Relief
    Fund; $20 million for Urban Search and Rescue Teams; $20 million for
    FEMA catastrophic planning; $22 million for the National Incident
    Management System; $200 million for the Flood Map Modernization
    Program; a requirement that DHS develop guidelines for mass evacuation
    plans; and a requirement that DHS reports on the status of catastrophic
    planning in each of our 50 States.
    This conference report also provides $3.3 billion for first
    responders, in the form of performance grants to high-threat areas,
    firefighters and emergency management. Since September 11, 2001, $32.1
    billion has been provided to first responders, including funds for
    terrorism prevention and preparedness, general law enforcement,
    firefighter assistance, airport security, seaport security and public
    health preparation.
    This conference report includes funding of over $1 billion for high-
    density urban areas, including $765 million for urban area grants, $150
    million for rail security, $175 million for port security and $65
    million for other infrastructure protection, $655 million for
    firefighter grants, $400 million for State and local enforcement
    terrorism prevention grants and $185 million for Emergency Management
    Performance Grants.
    Finally, this conference report provides $1.5 billion for the
    research and development of leading-edge technologies and $625 million
    to protect our critical infrastructure and key assets. These funds will
    be used to test and transition these technologies for use by Federal,
    State and local officials. It will also support ongoing efforts to
    develop secure communication systems with Federal, State and local
    entities and continue efforts with the private sector to implement
    protective measures around this important infrastructure.
    To accomplish this, the bill includes $538 million to develop
    radiological, nuclear, chemical, biological and high explosives
    countermeasures; $110 million for the research and development and
    testing of antimissile devices for commercial aircraft; $318 million to
    start up the new Domestic Nuclear Detection Office to help coordinate
    global nuclear detection and tracking; $14 million to identify and
    characterize potential biological terrorist attacks; and $93.3 million
    for cyber-security technology.
    Mr. Speaker, I could spend a lot of time listing the many strengths
    of this bill and the thoughtful and threat-based way that it funds the
    programs that keep American families safe. Instead, I want to take time
    to strongly support this legislation with an open rule.
    I commend my colleagues on the Committee on Appropriations for their
    hard work.
    Mr. Speaker, I reserve the balance of my time.
    Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
    (Mr. McGOVERN asked and was given permission to revise and extend his
    remarks.)
    Mr. McGOVERN. Mr. Speaker, I thank the gentleman from Texas (Mr.
    Sessions) for yielding me the customary 30 minutes.
    Mr. Speaker, this Homeland Security conference report will be the
    third and one of the most important appropriations conference reports
    considered by Congress this session. In the wake of a wholly inadequate
    Federal response to Hurricane Katrina, it is this Congress's
    responsibility to provide the Department of Homeland Security with
    appropriate funding and resources. That funding must also come with
    proper direction and full oversight.
    Unfortunately, this conference report falls far short of that
    standard. Hurricane Katrina revealed several institutional problems
    with the Department of Homeland Security, in particular with the
    structure of the Federal Emergency Management Agency. Over the past
    decade, FEMA has been stripped of its duties; folded into a
    disorganized department; and, most disturbingly, staffed by
    inexperienced people.
    With this bill, Congress had a golden opportunity to address the
    institutional disarray that has tarnished FEMA. Instead of doing the
    right thing, this conference report provides absolutely no guidance on
    how to spend billions of taxpayer dollars or how to properly
    restructure the agency. Furthermore, Secretary Chertoff has insisted on
    restructuring the Department again, for the sixth time, without any
    congressional oversight and hearings. He has proposed to place FEMA in
    the Preparedness Directorate, further splintering the agency's ability
    to respond quickly to disasters.

    [[Page H8687]]

    Disaster preparedness and response are intrinsically linked. FEMA
    must be responsible for both. Separating these duties will only hinder
    the Federal Government's responsiveness potential. This systematic
    dismantling of FEMA's authority was the primary cause of the botched
    Federal response to Hurricane Katrina.
    Secretary Chertoff's proposal to restructure FEMA will not solve the
    institutional deficiencies of the agency. While FEMA was not perfect
    before it merged into the Department of Homeland Security, at least
    there existed a level of expertise and skill and FEMA's director had
    immediate and direct access to the President of the United States.
    Experience and professionalism have been missing from FEMA under the
    Bush administration. Michael Brown, a product of political cronyism, is
    the perfect example of what happens to government without thorough
    oversight. Instead of having somebody with disaster experience,
    President Bush ended up with an Arabian horse specialist.
    A year ago, when the State of Florida was ravaged by multiple
    hurricanes, State and Federal officials complained about the lack of
    preparedness and inadequate response from FEMA. Counties that were hit
    the hardest were overlooked while other counties that storms avoided
    received millions of dollars in funding. Florida lawmakers this past
    March urged two House committees with FEMA jurisdiction to hold
    hearings on what went wrong.
    Even after Hurricanes Katrina and Rita hit 6 months later, the
    Republican leadership has continued to block the Florida delegation's
    oversight request. And now we are all paying the price for neglecting
    oversight of FEMA, most notably the thousands who paid with their lives
    and their livelihoods.
    The House Republican leadership has consistently ignored proper
    oversight of this administration. It is clear that they do not want to
    ask tough questions or demand straight answers. This Congress has
    become a rubber stamp, and the results have been disastrous.
    Mr. Speaker, Brownie did not do a ``heckuva'' job and neither has
    this Congress. Unfortunately, when given the opportunity to do the
    right thing, the Republican leadership has once again acted against the
    best interests of the American people. Their response to these
    disasters and to these deficiencies at FEMA is to install a partisan
    committee that will simply gloss over the most important issues
    surrounding the failures of FEMA. Mr. Speaker, that is not oversight.
    That is a whitewash.
    A more effective FEMA can only be created when independent,
    experienced disaster specialists analyze the problems that Katrina
    exposed and then identify solutions. Restructuring FEMA without
    independent input and oversight is premature and will further plague
    its prevention and response capabilities.
    And not only is the oversight missing, Mr. Speaker, but so is the
    money. While my Republican friends will highlight the $1.3 billion
    increase over fiscal year 2005, let us be clear that this increase is
    only barely above the current rate of inflation. In reality, there are
    several funding cuts in this conference report that significantly and
    adversely affect the Department of Homeland Security and FEMA programs.
    This conference report cuts State and local preparedness funding by
    $585 million, a 19 percent cut from last year. Fire grants are funded
    at $60 million below the fiscal year 2005 level. Disaster relief
    funding is cut by $370 million, and pre-disaster mitigation funding is
    cut in half. Let me repeat that: Cut in half.
    How can we justify cutting disaster relief and mitigation funding by
    $420 million? Did Katrina not demonstrate how severely unprepared and
    ill-equipped FEMA really is? What kind of rationale is this?
    Thankfully, there are some programs in this conference report where
    funding levels are justifiable. For instance, the Coast Guard's
    ``Deepwater'' program is fully funded at $933 million, due mostly in
    part to the Guard's extraordinary rescue efforts after Katrina.
    Mr. Speaker, I do not understand what the majority is thinking. Every
    single disaster, pre-disaster, preparedness and response program should
    be fully funded. Hurricanes Katrina and Rita should have taught us
    that. And along with full funding, there needs to be proper oversight.
    Neither the two enacted relief packages totaling over $60 billion nor
    this conference report provide any meaningful oversight. None. No check
    on the flow of the money. No way to ensure the proper awarding of
    contracts through competitive bidding. No accountability.
    Thankfully, the gentleman from Wisconsin (Mr. Obey), ranking member
    of the Committee on Appropriations, offered an amendment in conference
    requiring the Department of Homeland Security to provide detailed
    information on how Katrina disaster relief funding is being spent. The
    specific requirements laid out in this provision force the Department
    of Homeland Security to send Congress weekly reports that detail any
    and every kind of disaster relief spending, and I applaud the gentleman
    from Wisconsin (Mr. Obey) for offering this important amendment. It is
    an important step in the right direction, a step toward accountability.
    I am also grateful to the efforts of the gentleman from Minnesota
    (Mr. Sabo), the ranking member of the Homeland Security Subcommittee of
    the Committee on Appropriations, who fought hard last week to instruct
    the conferees not to accept Secretary Chertoff's reorganization
    program.
    Mr. Speaker, I suspect that this conference report will pass by a
    comfortable margin, but it will not have my vote. We can do so much
    better than this. We need to do so much better than this, and I hope in
    the coming weeks and months, both the majority and the Democratic side
    will work together to achieve a product that we all can be proud of and
    that will truly ensure the homeland security of the people of our
    country.
    Mr. Speaker, I reserve the balance of my time.
    Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
    The gentleman from Massachusetts was very kind to enunciate and talk
    about the contributions that have been made on both sides of the aisle,
    Republicans and Democrats working together in an effort to make sure
    that Katrina is taken care of. I also take him at face value that he
    will not vote for this because there is not enough spending in the
    bill. There is not enough money that is being spent, and he outlined
    that money that he wants to spend.
    The majority party does need to make sure that the bill that comes
    forth is balanced and one that maintains the priorities of this
    country. So we on this side are standing up in strong support of this
    not only well-balanced bill but really will allow equal distribution as
    we see the needs of this country and the spending and to control that
    which we do.
    Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr.
    Dreier), the chairman of the Committee on Rules.

    {time} 1800

    Mr. DREIER. Mr. Speaker, I thank my friend for yielding, and I
    appreciate his hard work on this and his very strong commitment to our
    Nation's homeland security. In the last Congress he served very ably as
    a member of the authorizing committee on homeland security.
    I also want to join in expressing my appreciation, Mr. Speaker, to
    the gentleman from California (Mr. Lewis) and the gentleman from
    Kentucky (Mr. Rogers) who worked very hard on this, and for the
    bipartisan spirit of consideration of this measure. As the gentleman
    from Massachusetts correctly said, this is going to enjoy strong
    bipartisan support.
    Why? Because we all know that there must be a focus on our Nation's
    homeland security. It is part of our national security; and, frankly,
    Mr. Speaker, a very important part of our national security happens to
    be border security. One of the things included in this measure, of
    which I am particularly proud, is a measure that in the last Congress,
    I worked with our former colleague, Mr. Ose of Sacramento on, and my
    colleagues from California, Mr. Hunter, Mr. Cunningham and others have
    spent a great deal of time working on this, that is, we provide $35
    million for completion of the 3\1/2\-mile gap in the border fence.
    Earlier this week, I had the opportunity to be right on the border
    near that gap. It is an area known as Smugglers' Gulch. It is an area
    where people

    [[Page H8688]]

    have illegally entered this country, and they have pummeled the
    environment. The notion of completing that 3\1/2\-mile gap is going to
    go a long way towards dealing with our border security concern, number
    one, and, number two, our environmental concerns in the area.
    I also have to say, having spent a great deal of time with our border
    patrol agents on the border just a few days ago, I am particularly
    proud of the hard work they put in their job. They want to have the
    ability to do their job. Right now they spend most of their time and
    energy coming to this country simply seeking an opportunity to feed
    their families. We need to ensure that they have the ability to focus
    on criminals and potential terrorists. That is exactly what we want to
    do.
    That is one of the other reasons that we, in this bill, have
    increased by 1,000, adding to the 500 already provided in the earlier
    supplemental appropriations bill, 1,000 additional border patrol
    agents. I hope that will help us turn the corner. I am convinced that
    it will.
    The overall commitment to homeland security is one which has, I
    believe, been very adequately addressed in this important measure. I
    urge my colleagues to provide strong bipartisan support for this
    effort.
    Mr. McGOVERN. Mr. Speaker, let me just respond to the gentleman from
    Texas. One of my problems is the fact that this bill cuts some very
    important programs that I think do not deserve to be cut. It cuts first
    responder grants, which I think is a mistake. It underfunds
    communications equipment for first responders.
    Just like the 9/11 terrorist attacks, Hurricane Katrina highlighted
    the problem of first responders having incompatible communications
    equipment. When Hurricane Katrina hit, emergency personnel were on at
    least five different channels and were hampered in communicating with
    one another. Yet this conference report continues to underfund
    interoperable communications systems. It cuts the disaster relief
    account. It cuts predisaster mitigation. It underfunds port security.
    It underfunds rail and transit security. It fails to include dedicated
    funding for chemical plant security. I could go on and on and on.
    Homeland security is not for free. If we are not funding these
    agencies, and we are not funding the necessary personnel to be able to
    protect our country, then we are not doing a very good job at homeland
    security. One other thing I will say to the gentleman from Texas. I
    believe that we have an obligation when we spend the taxpayers' money
    that there is thoughtful and effective oversight. We have allocated
    billions and billions of dollars already in response to this hurricane
    with no oversight. I do not want taxpayers' money wasted, and I am
    uncomfortable with the fact the bill provides no oversight. The
    gentleman may not be, but I am.
    Mr. Speaker, I yield 3\1/2\ minutes to the gentleman from Mississippi
    (Mr. Thompson), ranking Democrat on the Homeland Security Committee.
    Mr. THOMPSON of Mississippi. Mr. Speaker, later today the House will
    consider a measure that provides $30.8 billion in funding for the
    Department of Homeland Security. It also makes significant structural
    and policy changes to the Department. I am pleased that the conferees
    adopted many of the policy changes for which the Democrats on the
    Homeland Security Committee advocated during the Department's
    authorization process.
    For example, I am pleased that the Department is directed to
    undertake a quadrennial review, examine and justify multiyear
    procurement projects and develop a long-term strategy to ensure optimal
    development of explosive detection systems. I have to say, it is a sad
    state of affairs, Mr. Speaker, when Congress has to tell the Department
    to do planning.
    In the short history of the Department, it has earned a reputation
    for lacking focus and being crisis-driven. It took the London bombing
    to remind the Department that it is the lead Federal agency for
    protecting rail and transit. It took Hurricane Katrina to remind the
    Department that it is the lead Federal agency for all disasters, not
    just terrorism. We do not have the luxury of time to wait until the
    Department gets another wake-up call. In July, the Secretary of
    Homeland Security proposed a number of structural changes. Since that
    time, Katrina revealed dysfunction at the highest levels of the
    Department.
    I cannot understand why the conference report adopts many of the
    Secretary's proposed changes wholesale as if Katrina never happened.
    The establishment of a preparedness directorate would not make us any
    more prepared if FEMA is not fixed. The Department's changes are
    outdated. If we grant them to Mr. Chertoff, we will find ourselves
    revisiting this issue again after the next catastrophe. We need to fix
    the Department properly, not with duct tape and wires, what this
    conference report does by giving Secretary Chertoff carte blanche on
    the agency's structure.
    In response to this error, 13 members of the Homeland Security
    Committee have introduced the Department of Homeland Security Reform
    Act of 2005. This bill recognizes Katrina happened, and among other
    things, creates a statutory requirement that the head of FEMA have
    disaster and emergency preparedness experience. Current law requires
    the head of the National Park Service to have substantial experience in
    land management. The least we can do is require the director of FEMA to
    have prior experience in disasters. We do not need any more Brownies.
    Mr. SESSIONS. Mr. Speaker, I yield 2 minutes to the gentleman from
    Florida (Mr. Keller).
    Mr. KELLER. Mr. Speaker, I thank the gentleman from Texas for
    yielding.
    Mr. Speaker, I rise today in support of the rule and the homeland
    security appropriations bill. This legislation improves our homeland
    security in three key ways.
    First, it helps us crack down on illegal immigration and protects our
    borders by providing funding to hire 1,000 additional border patrol
    agents.
    Second, the bill provides $3.3 billion for first responders,
    including grants that go directly to high-risk urban areas and
    firefighters. Significantly, for the first time, the majority of the
    funding for first responders is appropriately allocated based on the
    actual risk of terrorism to these areas.
    Third, this legislation provides key funding for critical explosive
    detection devices, which are used to screen high-risk cargo coming into
    the United States through our seaports and airports.
    I am proud that one of the top manufacturers in the world of these
    explosive detection devices is CyTerra, a company headquartered in my
    district of Orlando, Florida. On August 15 of this year, Senator Mel
    Martinez and I toured CyTerra's facilities and met with their
    employees. These hard-working folks are proud of their role in making
    our country safer, and they should be. Their bomb detection devices
    have already saved many lives in Afghanistan and Iraq.
    I urge my colleagues to vote ``yes'' on the rule and ``yes'' on the
    underlying homeland security appropriations bill.
    Mr. McGOVERN. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
    from New Jersey (Mr. Pascrell), a leader on a number of homeland
    security issues.
    Mr. PASCRELL. Mr. Speaker, we all know that the current system for
    distributing grants is fundamentally broken. I applaud the fact that
    this bipartisan conference report gives the Secretary of Homeland
    Security the flexibility to distribute more money based on risk rather
    than population.
    While I would like to see a much greater percentage of funds allotted
    exclusively on risk, at least this conference report finally addresses
    an issue on which many of us have spent years on both sides of the
    aisle working to remedy. I find it inexplicable that just as we improve
    the methods of monetary distribution, just as we improve the way first
    responders can get what they need, we limit the availability, the pool
    of needed resources. In fact, if it were not for both folks on each
    side of the aisle, we would have accepted the administration's plan,
    which would have been 4 percent less than what we have and no increase
    whatsoever.
    Mr. Speaker, I think you should know today that the New York subway
    system is under high alert. We need to understand what the
    ramifications of that are. The FBI is working in concert with the New
    York City Police. This is the first time they have had very specific
    place, very specific time ramifications. Yet the coordinated and timed

    [[Page H8689]]

    bombings in London and Madrid, the latest example of the fact between
    1998 and 2003, there were approximately 181 terrorist attacks on rail
    and transit targets.
    Since 9/11, despite the fact that passenger rail systems in the
    United States carry five times as many passengers each day as do the
    airlines, only $250 million of the estimated $6 billion needed has been
    invested in improving rail and transit security.
    Congress continues to provide woefully inadequate appropriations.
    Only $150 million was appropriated for rail and transit authority.
    Mr. Speaker, I think we should all be aware of this. It took a
    bipartisan effort to get us this far. We need to understand what is
    going on in New York City today, and I know this is not going to change
    the dollar figure, the dollar amount of this legislation.
    I would simply ask my brothers and sisters on both sides of the aisle
    to take note that this is serious business. We need to continue this
    hard work. The FIRE Act, for instance, was cut $60 million, which has
    been extremely, extremely crucial to the 32,000 fire departments
    throughout the United States of America. We cannot do everything. We
    realize that, Mr. Speaker, but there are things that we can do and we
    should do.
    Mr. SESSIONS. Mr. Speaker, serving as a member of the conference,
    when you go and you look at an appropriations and tear apart where all
    the money goes and what the priorities are and what the needs are and
    work with the Senate, one of the most important attributes of getting a
    good bill is listening to both sides, Republicans and Democrats, and to
    understand those priorities as they relate not only to, in this case,
    homeland security, but really the needs of the entire country.
    The next gentleman, who is a leader in this Congress, did exactly
    that. He took time with Hal Rogers and John Carter to understand the
    needs as expressed by this administration, as expressed by the Senate,
    and by the House.
    Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from
    Tennessee (Mr. Wamp).
    Mr. WAMP. Mr. Speaker, I thank the gentleman from Texas for his
    outstanding work and the work of the Rules Committee in bringing this
    rule to the floor. I rise in support of the rule and the conference
    report. We worked for months across the aisle to come to this point.
    I want to reemphasize, though, how much this rule does strengthen our
    work at the borders. One of the best employees I have ever had, Trish
    Mullins, the best caseworker, probably, in any congressional office in
    Tennessee, her son Scott Mullins is a border patrol agent on the
    Mexican border. We hear weekly of the trials and tribulations they
    face. They need the cavalry. With these 1,000 new border patrol agents,
    it brings the total in this fiscal year to 1,500, and hundreds of new
    investigators, criminal investigators through Immigrations and Customs
    Enforcement. This really does strengthen our borders. We have got to
    continue to take further steps.
    I also want to say that one of the things that Chairman Rogers and I
    have worked on for months now is to try to get the science and tech
    directorate to invest in new technologies. This bill creates the
    domestic nuclear detection office, which will really leverage all the
    laboratories and all the scientific assets in the country for better
    protection detection and get the equipment out there so that we
    continue to further protect our country.
    I also want to slow down and thank the staff, the professional staff,
    22 agencies, nearly 200,000 employees. This has been very complicated
    for 2\1/2\ years: Michelle Mrdeza, our staff director; Stephanie Gupta;
    Jeff Ashford; Tad Gallion; Tom McLemore; Ben Nicholson; Kelly Wade on
    the majority side; Beverly Pheto and the entire minority staff. They
    have worked countless hours to bring us to this point. They are
    excellent and professional.
    I believe we will meet not only to do what is right and pass this
    bill, but I think we are going to meet to actually continue this
    homeland security challenge that we face. There is a lot of money in
    the pipeline. I want to say to any of our people who have raised
    concerns about the firefighter and first responder grants, there is a
    lot of money in the pipeline.
    We had a hearing earlier in the day about how much money is yet to be
    allocated that is in the system. This Congress has funded these needs.
    This is the bread and butter. This is not the response to Katrina. This
    was under way prior to Katrina. The select committee, the supplementals
    will address Katrina. We are doing that daily. Clearly, we have got to
    do better.
    We will meet to make sure the Federal Government's response continues
    to improve. I encourage adoption of the rule and support for this most
    important homeland security conference report.

    {time} 1815

    Mr. McGOVERN. Mr. Speaker, I yield 3 minutes to the gentleman from
    Oregon (Mr. DeFazio).
    Mr. DeFAZIO. Mr. Speaker, I thank the gentleman for yielding me this
    time.
    Mr. Speaker, how quickly we forget. We are essentially flying blind
    with this bill. We were supposed to have a comprehensive report from
    the Department of Homeland Security which was long overdue, and then,
    when finally produced, which was supposed to be comprehensive on all
    the transportation sectors, was a regurgitation of open-source material
    and news articles. They had an early, more specific version, but it was
    pulled by the administration because it was measurable. It had goals,
    objectives and technology. It would have shown how short the funding is
    in this bill and how little progress we have made: $150 million for all
    of the ports in the United States of America over the next year. Whew.
    Mr. Speaker, we could be buying radiation detection equipment for
    those ports, but that money is not available. It is not in the budget.
    Aviation security, arbitrary cap on screeners. Okay, you can cut back
    on labor if you give them adequate technology. But guess what? There is
    not enough money in this bill to buy the new technology, the new
    explosives detection equipment that should be at every passenger
    checkpoint, that should be under every airport, that should be used for
    cargo security, but they do not want to put up measurable goals,
    because they are not getting there, and the American people would be
    pretty darn mad about it if they knew.
    Then, first responder money, come on. Interoperable communications.
    First lesson: 9/11. We could not communicate with the fire and police
    and other first responders in the buildings, and many of them died,
    because they were out of touch as the buildings were collapsing, and
    they had no notice.
    Katrina, first lesson: no interoperable communications. Well, the
    President provided for zero dollars, and this is up to $76 million
    nationwide. Wow, that is enough to do three counties in my State out of
    36, and that is the money for the entire Nation of the United States of
    America for interoperable communications, the most basic tool that our
    first responders need to protect American lives and to rescue people
    and to better and more effectively deal with emergencies, whether they
    are terrorist-generated or natural disaster-generated, and we can come
    up with $76 million nationwide, not even a real tax break for some of
    the rich people around here.
    So to say somehow that this is adequate is absurd. If you set goals
    and the goals are, every first responder in America has interoperable
    communications, we are falling way short. If you say we are going to
    begin to protect ourselves against radiological attack, against bombs
    coming in in shipping containers, we are doing virtually nothing. If
    you are going to improve aviation security, nothing.
    Then, finally, they want to push us back to the good old days of
    private aviation security, but it is not happening, because people know
    what we have now is better. But in order to facilitate that push, they
    cap the liability of the private companies who are so good and, now,
    they have to extend complete liability exemption to the airports to try
    and induce them to bring in private security, because everybody knows
    it failed us on 9/11, and it will fail us again, but it will make money
    for a few special interests.
    Mr. SESSIONS. Mr. Speaker, I yield 2 minutes to the gentleman from
    Texas (Mr. Carter), who is a speaker who

    [[Page H8690]]

    also had an opportunity to serve on this appropriations conference in a
    detailed fashion and made sure that he looked at those priorities which
    were necessary for spending for this very important bill.
    Mr. CARTER. Mr. Speaker, I thank the gentleman for yielding me this
    time.
    Mr. Speaker, the State of Texas has demonstrated to the world that
    they opened their arms to the evacuees of the 2 hurricanes that struck
    our Nation and brought disaster to a great area of the Gulf Coast.
    Texas has always opened their arms to their neighbors and said, come to
    Texas, you are welcome.
    But, Mr. Speaker, we have a problem on the Texas border. I was down
    in Laredo, Mexico, and Del Rio, Texas, recently where 42 American
    citizens have been kidnapped. I have a photograph of a woman who was
    burned alive, an American citizen, by these criminals who cross freely
    across our borders of Texas. We say, welcome, in Texas, but when you
    come here, do not break the law to get here. It is time for border
    security in this bill.
    I rise in support of this rule and this homeland security
    appropriation bill because we start down the road to providing safe
    borders for the entire southern border and northern border of the
    United States. We add 1,000 Border Patrol men, which will be of great
    assistance in shutting down this criminal activity and all of this
    illegal behavior of people coming illegally into our Nation.
    Mr. Speaker, 68,000 OTMs, Other Than Mexicans, have crossed within
    the last 8 months. That is a crisis. We have to do something about the
    borders, and this bill does that.
    We have new agents for the Border Patrol. We have new criminal
    investigators, we have new investigators for immigration and for ICE.
    We have provided a great start on a secure border. We will continue to
    work hard to secure the borders of this country so that this illegal
    behavior will be caught and punished and these people will be turned
    back, because, Mr. Speaker, our Nation's security depends upon it.
    So I am very supportive of this bill, and I ask for a ``yes'' vote on
    the rule and a ``yes'' vote on this bill, because it is a vote for a
    secure border for America.
    Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the distinguished
    gentleman from Rhode Island (Mr. Langevin).
    Mr. LANGEVIN. Mr. Speaker, I thank the gentleman for yielding me this
    time.
    Mr. Speaker, today I rise in support of H.R. 2360 which will equip
    our Nation to better prepare and respond to future natural disasters
    and terrorist attacks. This bill includes needed funding for priorities
    such as 1,000 additional Border Patrol agents, port and transit
    security improvements, the Coast Guard's Deepwater program and a pilot
    program to improve air cargo screening.
    However, H.R. 2360 is not perfect. Mr. Speaker, I am deeply concerned
    that this legislation implements structural changes proposed by
    Secretary Chertoff's second-stage review without full congressional
    scrutiny. While some changes may be warranted, today we will be voting
    to shift the TSA, eliminate the Under Secretary for Border and
    Transportation Security and weaken FEMA at a time when we need the
    agency to be strengthened, all without the benefit of significant
    oversight.
    That is why several members of the Committee on Homeland Security,
    myself included, have introduced the DHS Reform Act, which would
    improve the proposed reorganization plan by strengthening FEMA,
    detailing duties of the new chief intelligence officer and chief
    medical officer and establishing assistant secretaries for physical
    infrastructure security and for cyber security and telecommunications.
    Finally, it would require a quadrennial Homeland Security review,
    unlike H.R. 2360, which simply encourages such a review.
    Mr. Speaker, I hope we will have an opportunity to consider the DHS
    Reform Act before it is too late to alter some of the significant
    changes proposed by the second-stage review and included in this
    appropriations bill. Nonetheless, while the conference report is not
    perfect, it is indeed an important and significant step towards
    strengthening our Nation's preparedness, and I will support H.R. 2360.
    Mr. SESSIONS. Mr. Speaker, I yield 2 minutes to the gentleman from
    Arizona (Mr. Kolbe) who, once again, is a gentleman who served on the
    conference report, who is a person, who is a veteran of the Committee
    on Appropriations, a person who sits directly on the border of the
    United States and Mexico; he is a person who has been involved for many
    years in making sure that tough questions were asked and that we made
    sure that a balance for delivery of money was given to agencies with an
    expectation of performance.
    Mr. KOLBE. Mr. Speaker, I thank the gentleman for his comments and
    for yielding me this time, and I rise today to urge my colleagues to
    support both the rule and the underlying conference report on H.R.
    2360, the appropriations for the Department of Homeland Security.
    As a member of the Subcommittee on Homeland Security of the Committee
    on Appropriations, I am especially pleased that this bill provides the
    resources needed to help secure our border. There are a lot of
    proposals in Congress that deal with the problem of illegal
    immigration, and they vary tremendously, but they all have one common
    theme to them, one common thread, and that is, they all recognize the
    need to secure our border, and this bill helps to provide the resources
    that are necessary to accomplish that goal.
    The bill ensures that Customs and Border Patrol will have ample funds
    to protect our borders and enforce our immigration laws. We have to
    secure the border, and this appropriation bill provides the Department
    of Homeland Security with the resources it needs to get the job done.
    From additional agents, detention space, airplanes, helicopters,
    unmanned aerial vehicles, to better technology for securing and
    facilitating travel into the United States by land, air and sea, this
    bill has nearly everything that is needed to protect our homeland.
    The district I represent includes a large portion of the Border
    Patrol's Tucson sector, through which almost half, that is right, half
    of all of the Nation's illegal immigrants enter into this country. The
    negative impact that this has on communities in my area is staggering.
    The impact of environmental degradation, the cost to hospitals, police
    and sheriff's departments and other public agencies, not to mention the
    tragic loss of life in Arizona in the desert, as many people who seek
    to come to the United States for better opportunities perish in the
    heat of the summer.
    I am pleased that this conference report provides necessary resources
    to protect our border, not only an additional $56 million for the
    Tucson sector for expanding Border Patrol stations, fencing, vehicles,
    lighting, border roads and sensors, but across our entire border. I
    urge my colleagues to vote in favor of this rule and the underlying
    bill.
    Mr. McGOVERN. Mr. Speaker, I yield 3\1/2\ minutes to the gentleman
    from New York (Mr. Meeks).
    Mr. MEEKS of New York. Mr. Speaker, I rise today to discuss the
    Department of Homeland Security and the Transportation Security
    Administration's Registered Traveler program.
    Like many of my colleagues, I was shocked to learn last month that
    the TSA has discontinued the Registered Traveler pilot program
    operating at five commercial airports. While TSA claims they need time
    to evaluate the pilot program before expanding, I contend they have
    been slow to act and, as a result, are depriving the traveling public,
    particularly frequent travelers, a more efficient, effective and safer
    manner of proceeding through airport security.
    TSA has been running the pilot programs since the summer of 2004.
    Each one was advertised to be 90 days in duration, at which point
    decisions about further deployment would be made. However, we find
    ourselves now over a year since these pilot programs began with TSA
    still saying they need additional time to evaluate it. I do not buy it.
    This is a classic example of the Federal Government being slow in
    making critical decisions about a program which we know to be a success
    and a program that we know also makes us safer.

    [[Page H8691]]

    Now, the TSA is continuing to operate a sixth pilot program at
    Orlando International Airport that they launched this past June. The
    Orlando pilot is different from the five pilots that have been shut
    down in that it is a public-private partnership that is run in
    conjunction with the airport, its vendor and TSA. I believe this
    public-private partnership is the way to go, as it will allow the
    private sector to add additional strengths to the programs, such as
    offering greater flexibility in meeting the needs and customer
    expectations, making rapid decisions on capital investment, and
    customizing programs based on intimate knowledge of the local market.
    The Registered Traveler program has promise, and I believe in it.
    However, due to the manner in which the pilot programs were structured
    and the lack of decision-making at TSA, this program is in jeopardy of
    not getting off the ground at the national level. First and foremost,
    there are too few measurable benefits at the security checkpoint for
    individuals enrolled in the Registered Traveler program. Why does TSA
    collect a list of personal data on an individual and then subject him
    or her to a security threat assessment and provide so few measurable
    benefits?
    I contend that if the Federal Government knows who you are by running
    your information against terrorist watch lists and other government
    databases, then they should provide more meaningful benefits at the
    security checkpoint such as not having you take off your shoes or not
    having you take off your coat or perhaps allowing nonticketed
    individuals back to the gates, as we did prior to 9/11, where they have
    our fingerprints and our eye retinas to make sure that we are safe
    going through. These are common sense benefits that can and should have
    been granted to individuals who sign up for this program. With not
    providing real benefits such as these, TSA is running the risk of
    killing this program before it is even started.

    {time} 1830

    I am also extremely concerned with this language contained in the DHS
    conference report that provides a monopoly in my view to one
    organization to be the central collector and aggregator for biometric
    data necessary for the background vetting of the Registered Traveler program like other programs. This is not the approach we should be
    headed in in the United States Congress. We should be promoting
    competition, growth and an even playing field. And with a public-
    private partnership like the public-private partnership taking place in
    Orlando, the American people will win, and the options and competitive
    environment will be what we need to make us safer.
    Mr. SESSIONS. Mr. Speaker, the gentleman from New York is exactly
    correct. We do need more competition engaged in not only homeland
    security but all across our government. The last session of Congress, I
    had an opportunity to serve on the Select Committee on Homeland
    Security and had an opportunity to work very closely with the gentleman
    from New York (Mr. Sweeney). As part of this appropriations conference,
    he very clearly and carefully brought forward thoughts and ideas, just
    exactly what our colleague from New York (Mr. Meeks) stated about the
    ability to create better competition but also to expect results.
    Several years ago the gentleman from New York (Mr. Sweeney) was the
    first Member of Congress to bring forward a threat-based funding
    analysis plan. That was that we would aim our funding at the most
    likely threats that our Nation would be facing. And it is this kind of
    leadership that has allowed us, and I know we all do not agree on this.
    I know that there are a lot of people that think you ought to divide up
    the pie and every State or every city get so much money and every first
    responder gets so much money. But that is not what this administration
    and not what this Congress believes is the right way to do that.
    I am pleased right now to have as our next speaker the gentleman from
    New York (Mr. Sweeney) and I would yield him 3 minutes.
    Mr. SWEENEY. Mr. Speaker, I thank the gentleman from Texas for the
    kind introduction and thank him for his great work at getting this rule
    out and onto the floor and for his friendship and his hard work on
    behalf of this Nation.
    Mr. Speaker, I have been on this committee for a number of years
    since its inception. And every one of these bills comes to the floor,
    and we have common interests in the bill that we can agree on and
    common things that we can disagree on. But it is an accumulation of
    work representative of the process here, a bipartisan, bicameral bill
    that is not perfect by any means, but gets us significantly closer to
    the places we all want to be. And I think this is probably the one
    conference report that does that more than any other that I have been
    fortunate enough to work on, and it is because, as the gentleman from
    Texas pointed out, it does do something that is important and that has
    been voted on by this body a number of times, and that is to distribute
    first responder grants appropriately, threat-based, risk-based, first
    before we go to minimum standards.
    Now, we had negotiated, and we had a compromise with our friends in
    the other body who still have not gotten to the place where they
    understand that the most efficient way we are going to fund and protect
    this Nation is to make sure that the funds and the resources are
    directed to where threats most exist. And they insisted on still a
    minimum level of funding for every State in this Nation that I think
    exceeds common sense. But nevertheless, this is the first time we have
    been able to codify in legislation and will enact in legislation the
    idea that homeland security is going to be done threat-based, and that
    is critically important. And it is why this is an important bill. It is
    the most significant of the homeland security approps bills because it
    enacts into law what this body has said now for 2 straight years that
    we ought to be doing.
    It does a number of other really important things, too. And despite
    the critics, who we have heard from today, saying that it does not do
    enough, it does more to improve border security than any other single
    piece of legislation we have had before us since September the 11th. It
    does important things on restructuring our capabilities in science and
    technology, and every year, we have this debate that we are not
    spending enough money, whether it is for screening devices in airports
    or ports or other kinds of places or interoperability of
    communications. The fact of the matter is structurally this bill does
    more to get us to the place where we actually can have the technology
    put to use in the field that will ensure that we are able to provide
    that kind of support for our citizens and our first responders.
    Finally, Mr. Speaker, I would point out that, after a very arduous
    negotiation, the Coast Guard Deepwater program, which is critically
    important to maintaining our security throughout, is really
    strengthened here in this bill. Now, we have got a lot of work left to
    do. There were billions, literally billions of dollars in the pipeline
    for first-responder grants. And the most important thing that we can do
    in this body, I think, is provide the proper oversight to make sure
    that those billions of dollars get to where they need to go and they
    are spent in a reasonable and responsible manner. This bill does that.
    I want to salute Chairman Rogers for taking the prudent steps that he
    has taken here and for really leading us. I support this bill and urge
    my colleagues to do so as well.
    Mr. McGOVERN. Mr. Speaker, I think one of the things that is missing
    in this bill is the lack of oversight. That is why some of us have
    great concerns about it.
    Mr. Speaker, I yield 3 minutes to the gentleman from New Jersey (Mr.
    Menendez).
    Mr. MENENDEZ. Mr. Speaker, this bill fails us on chemical plant
    security. According to data from the Environmental Protection Agency,
    there are 23 States, including my home State of New Jersey, which has
    seven such plants where a worst-case release of chemicals could
    threaten more than a million people per incident. And a part of my
    district, in northern New Jersey, is home to the area commonly referred
    to as the most dangerous 2 miles in America, an area between Newark
    Liberty Airport and Port Elizabeth that is home to a number of chemical
    plants.
    The New York Times recently reported that one plant in this area that

    [[Page H8692]]

    possesses chlorine gas ``poses a potentially lethal threat to 12
    million people who live within a 14-mile radius.''
    Now, the attacks of September 11th made each of us realize that
    terrorism had entered a whole new realm, one in which our Nation's
    assets, infrastructure and people could be used against us. That is why
    the Menendez amendment to the House homeland security appropriations
    bill, which passed with the support of 224 of my colleagues, sought to
    improve the security of that area of chemical plants across the country
    by providing $50 million to State and local governments to enhance the
    security of those plants and the communities that surround them. This
    money could have been used to equip and train first responders, provide
    assistance and guidance to chemical plant officials to implement best
    management practices to improve security or to increase law enforcement
    presence and patrols around chemical plants.
    As a matter of fact, just this past week, there was a chlorine
    incident in a pool plant that strangulated traffic in the New York-New
    Jersey metro area. Unfortunately, the Republican controlled conference
    committee chose to delete the amendment from the entire conference
    report.
    Hurricane Katrina should have taught us the importance of addressing
    the problems we know we face before disaster strikes. The chemical
    plants that dot northern New Jersey are the Lake Ponchartrain of our
    region, and this Congress just decided to cut funding for the
    equivalent of levees that would protect our people.
    And not only did the conference committee on homeland security delete
    that amendment increasing funding for chemical security, it also cut
    State and local preparedness grants by $585 million, a full 19 percent
    lower than the level in the last fiscal year.
    This Congress had a chance to address a looming problem before it was
    too late. The decision to cut funding for chemical security is an
    astonishing abdication of Congress's responsibility to keep our
    families safe.
    And just while New York City at this very moment has heightened
    transit security because of a critical threat of bombing on the subway
    system, this bill woefully underfunds transit security.
    While my colleagues focus on undocumented immigration in this
    homeland security bill, they allow the Nation to be unprotected from
    attacks on our chemical plants, transit systems, ports and the ability
    of our first responders to respond. That is a Federal Government that
    is failing to secure its people.
    Mr. McGOVERN. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman
    from Oregon (Mr. Blumenauer).
    Mr. BLUMENAUER. Mr. Speaker, I appreciate that this bill finally
    fully funds the mitigation programs authorized last year by the Flood
    Insurance Reform Act, which I was pleased to coauthor with our former
    colleague, Doug Bereuter, which reauthorized and reformed the National
    Flood Insurance program assisting property owners who live in
    repetitively flooded areas. The programs in this bill are not funded by
    taxpayer dollars but by a transfer from the National Flood Insurance
    paid by premium dollars which authorized mitigation assistance to
    communities to elevate properties or move people out of harm's way.
    Hurricane Katrina highlighted the importance of preparing for and
    mitigating against these natural disasters. While I am pleased that we
    have partial funding, I am disappointed that the administration has not
    requested funding for these programs earlier, an approach that could
    have, if fully funded and aggressively implemented, saved lives and
    property.
    Unfortunately, the conference committee report cuts critical funding
    for other important mitigation programs. It provides only $50 million
    for pre-disaster mitigation, which is 67 percent below the House passed
    level and the President's request and 50 percent below the level for
    last year. This is what helps keep people out of harm's way.
    But my deepest concern in the report, I must say, is a local concern,
    dealing with what it does to Portland's airport screeners with a
    reduction of over 2,000 from last year and the President's request.
    These have led directly to cuts in screener levels at over 200 airports
    across the country.
    The airport that serves the Portland metropolitan area is hit the
    hardest in the country, losing over a third of our screeners despite an
    increase in our air traffic. These cuts will impact not just my
    community but those across the country and undermine our air
    transportation system.
    The cuts will lead to longer lines and lost luggage. These proposed
    cuts will leave Portland less protected than it was before 9/11. We
    have introduced a resolution of inquiry to find out why in the world
    TSA wants to do that.
    Unless we in Congress understand how TSA is doing the job of cutting
    funding for these screeners, they will come back to haunt our local
    communities and our already ailing airlines. I think our constituents
    deserve better.
    Mr. McGOVERN. Mr. Speaker, I yield myself the balance of my time.
    First of all, let me begin by saying something nice to the majority.
    I would like to point out for the record that this is the first
    conference report in this Congress that has lain over for 3 days as
    required under the rules of the House, so I want to thank the Speaker
    and the majority leader and the members of the Rules Committee for
    following the rules of the House for a change. I hope we can do this
    more often.
    Now, Mr. Speaker, let me address the substance of this conference
    report. This conference report cuts first-responder grants. We have
    heard that over and over and over again. And let me just say to my
    colleagues on the other side who say that somehow there is money in the
    pipeline, well, there shouldn't be any money in the pipeline. The need
    is that great.
    The first responders in this country, our fire fighters and our
    police officers, they do not want resolutions of support. They do not
    want your eloquent speeches. They do not want your meaningless
    proclamations. What they want, what they need are the resources to be
    able to do their job, to protect their communities.
    And yet, under this conference report, three of the four major grants
    programs for first responders in the Department of Homeland Security
    are cut below fiscal year 2005 levels. It underfunds communications
    equipment for first responders. We have been talking about that over
    and over throughout this debate.
    But what is particularly astonishing to me is that, despite what we
    saw in Katrina, where people could not communicate with each other,
    similar to what happened during 9/11, the conference report actually
    provides $15 million or 36 percent less than the amount the House
    provided for this equipment in the original bill back in May before
    Katrina ever struck.
    Now we have heard a lot on the other side about budget priorities and
    limited moneys and funding shortfalls. But we have to get this right.
    This is about protecting our homeland security. This is government's
    first responsibility, to protect the people of this country.
    You never talk about budget priorities. You never talk about money
    shortfalls when it comes to tax cuts that benefit mostly the richest
    people in this country. But yet when it comes to protecting people,
    providing the equipment that our first responders need, providing the
    equipment our communities need to protect themselves against a
    terrorist attack or a natural disaster, somehow we do not have the
    money.
    I would urge my colleagues to vote ``no'' on the conference report.
    Mr. Speaker, I yield back the balance of my time.


    Announcement by the Speaker pro Tempore.

    The SPEAKER pro tempore (Mr. Walden of Oregon). The Chair will remind
    all persons in the gallery that they are here as guests of the House
    and that any manifestation of approval or disapproval of proceedings or
    other audible conversation is in violation of the rules of the House.

    {time} 1845

    Mr. SESSIONS. Mr. Speaker, I yield myself such time as I may consume.
    I am pleased and proud today to have the gentleman from Kentucky (Mr.
    Rogers) to lead us today as we have an opportunity to debate, discuss,
    and vote on this important appropriations bill for homeland security.

    [[Page H8693]]

    Mr. Speaker, I will admit to my colleagues we worked hard on this
    bill. It is a bipartisan effort. It was one that employed a lot of
    people with a lot of thoughts and ideas. We worked with the Senate, we
    worked with the administration, a lot of work, but what we have done is
    produce a package that is threat-based. It is based on those experts
    who see the threat that is aimed against the United States, and they
    are numerous. They are numerous. They are not in our largest cities,
    but along our border, but, Mr. Speaker, we have worked together to make
    sure that in a bipartisan fashion this was addressed, and I am pleased
    and proud today to say that this is a threat-based bill, based upon
    what the experts tell us is facing the United States today.
    Mr. Speaker, I would also like to highlight the retirement of a very
    important person in the administration. He is a former commissioner of
    U.S. Customs; and under Homeland Security, he has been commissioner of
    U.S. Customs and Border Protection, Judge Robert Bonner from Los
    Angeles, California, who has served this great Nation for a number of
    years as a Federal judge and once again in the U.S. Customs and Border
    Protection. Judge Bonner will be leaving in just about a month from his
    service to the administration; and Judge Bonner has been a man of not
    only substance and vision but a person who has offered Members of
    Congress his best advice on how best to deal with the threats against
    this Nation.
    So I would like to highlight not only the service to this country
    that the Members of Congress have done in this appropriations bill but
    also working with the administration, with such fine people as Judge
    Bonner.
    Mr. Speaker, I will confess to my colleagues that this bill that we
    have here today is aimed at averting and stopping the next terrorist
    attack that comes aimed at this country. I hope that we have put the
    best minds to this and that we are prepared.
    I am prepared to tell my colleagues right now I support this rule and
    the underlying legislation.
    Ms. JACKSON-LEE of Texas. Mr. Speaker, I will ultimately support the
    underlying legislation under the Conference Report, but I recognize
    that it has many shortfalls that will affect this nation's ability to
    respond to a new and substantial set of circumstances--namely the
    aftermath of Katrina and Rita. I speak not only from the standpoint of
    a Representative of an area that experienced compound effects of both
    Katrina and Rita, but I speak as mother, wife, and a person who
    understands the pains of economic hardship.
    A restrictive rule in a situation such as this will only limit the
    effectiveness of this legislation. Hurricane Katrina has been a natural
    disaster of unprecedented proportions. The effects of Katrina, now
    compounded with the effects of hurricane Rita, have been difficult to
    predict and even more difficult to prevent. Thousands of people are
    displaced, hungry, and without hope. Authorities at every level of
    government are virtually writing the book on how to respond to a
    disaster of this proportion and scope. In my district alone, there are
    15,000 displaced children who need homes, schooling, food, jobs, and
    subsistence items. New information is coming in by the hour on damage
    that was done to our infrastructure, the numbers of displaced people,
    and the paltry resources available.
    I applaud the Conferees for giving agencies such as ICE an
    appropriation of $3.175 billion--which was a $216 million increase over
    the FY05 level of $2.95 billion. Furthermore, of the $4.6 billion
    allocated to TSA, $2.54 billion is allocated to cover passenger and
    baggage screener workforce. The number of TSA screeners is capped at
    45,000--which will constrain our efforts to compensate for the effects
    of the two hurricanes. Within this account, privatized screening
    operations are funded at $140 million. The conferees also extended
    liability protection to airports with private and TSA screeners for
    ``any act of negligence, gross negligence, or intentional wrongdoing''
    committed by a Federal or private screener--which will be a good
    element.
    Unfortunately, the underlying bill is not exactly on-point or up-to-
    date vis-a-vis Hurricane Rita. Many of the problems that we face are
    new, late breaking, and developing in front of our eyes. We need as
    unrestrictive a rule as possible in order to best address the issues
    contained with this legislation. In fact we have still not given full
    attention to the value of growing and promoting citizen Corps--
    established neighborhood groups that were established in the original
    homeland security legislation that would help train neighborhoods in
    securing their communities.
    This measure is of critical importance for the constituents of my
    district. We can do better.
    Mr. SESSIONS. Mr. Speaker, I yield back the balance of my time, and I
    move the previous question on the resolution.
    The previous question was ordered.
    The resolution was agreed to.
    A motion to reconsider was laid on the table.

    ____________________