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U.S. Funding Bill Reopens Security Debates By Chris Strohm WASHINGTON — The massive omnibus spending bill unveiled by U.S. congressional appropriators yesterday includes several policy provisions related to border security, increasing safety at the nation's chemical plants and verifying the identity of workers at U.S. ports that quickly sparked outrage among Republicans and interest groups (see GSN, Dec. 5). The bill would give the Homeland Security Department about $35 billion in discretionary spending for the fiscal year, plus an additional $2.7 billion designated as emergency funding for border security. But several provisions in the Homeland Security section immediately came under fire. Critics said one provision appeared to roll back requirements of a law enacted by the Republican-led Congress last year requiring the Homeland Security Department to build 700 miles of fencing along the southwest border. The provision states that the department should construct the 700 miles of fencing but gives the department flexibility to decide whether fencing and other security devices are the best use of resources for securing a specific border area. "This is either a blatant oversight or a deliberate attempt to disregard the border security of our country," said House Homeland Security Committee ranking member Peter King (R-N.Y.), a chief architect of last year's law. The provision was sponsored by Senator Kay Bailey Hutchison (R-Texas), her spokesman confirmed. The spokesman said Hutchison supports fencing, and voted to pass the fencing law in 2006. But he said that law requires fencing to be built in specific areas. The provision in the omnibus spending bill is intended to give Homeland Security the flexibility to decide where fencing should be built, the spokesman said. “This is not an effort to block a fence," he said. "It's an effort to make sure we use our resources as wisely as possible." Critics said another provision in the bill would hamper Homeland Security's ability to construct fencing by requiring the department to first consult with other federal agencies, state and local governments and property owners. A different provision would delay an upcoming Homeland Security rule requiring citizens of the The department planned to put the rule into effect at the end of January. The provision in the spending bill would delay the rule until June 2009, or until three months after the Homeland Security and State departments certify that it is possible to implement without causing problems. A Homeland Security spokesman said any effort to delay the program "sends the wrong message to our frontline personnel, telling them that Congress is going to publicly demand greater border security but will quietly tie the hands of those charged with delivering it." The department plans to begin a transition phase in anticipation of the rule going into effect, he said. Another provision in the spending bill, written by Senator Frank Lautenberg (D-N.J.), would allow state and local governments to pass laws regulating security at chemical plants that go beyond federal regulations (see GSN, Dec.13). Homeland Security officials issued a rule earlier this year pre-empting the authority of state and local governments, a decision backed by the chemical industry. "We remain hopeful that Congress will settle on language that establishes an appropriate level of preemption that will address everyone's concerns," said a spokesman for the American Chemistry Council.
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