[Congressional Record Volume 155, Number 100 (Tuesday, July 7, 2009)]
[Senate]
[Pages S7164-S7167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of H.R. 2892, which the clerk will state 
by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2892) making appropriations for the Department 
     of Homeland Security for the fiscal year ending September 30, 
     2010, and for other purposes.

  The PRESIDING OFFICER. The majority leader.


                           Amendment No. 1373

                (Purpose: In the nature of a substitute)

  Mr. REID. Madam President, I call up the amendment at the desk on 
behalf of Senator Byrd and Senator Inouye.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] for Mr. Byrd and Mr. 
     Inouye, and Mrs. Murray, proposes an amendment numbered 1373.

  Mr. DURBIN. Madam President, I ask unanimous consent to dispense with 
the reading of the substitute amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The text of the amendment is printed in today's Record under 
``amendments Submitted.'')
  Mr. DURBIN. Madam President, we now turn to the fiscal year 2010 
Department of Homeland Security Appropriations bill. The chairman of 
the Homeland Security Subcommittee, Senator Robert C. Byrd, is home 
from the hospital and is improving daily and is eager to return to the 
Senate as soon as he can.
  He has been in regular consultations with his staff in the 
development of the bill that was approved by the Appropriations 
Committee on June 18 by a vote of 30-0. This is a bipartisan bill. I 
thank the ranking member on the Appropriations Committee, Senator Thad 
Cochran, and the ranking member on the subcommittee, Senator George 
Voinovich, for their cooperation in the development of the bill. I also 
thank the chairman of the Appropriations Committee, Senator Daniel K. 
Inouye, for his support.
  The establishment of the Department of Homeland Security after the 
devastating events of September 11, 2001, was one of the most ambitious 
Federal reorganizations since the Department of Defense was created 
following World War II. Regrettably, it was the official position of 
the Bush administration that the Department could be created at no cost 
to the taxpayer. This translated into a Department with aging assets, 
an inability to prepare for and respond to natural disasters and future 
threats, and significant management and employee morale problems.
  In response, Congress, on a bipartisan basis, increased homeland 
security spending by an average of $2 billion per year above the 
President's request. These increases were invested in border security, 
chemical security, port security, transit security, aviation security, 
and cyber security. Congress also ensured State and local partners in 
homeland security received adequate resources to equip and train our 
first responders. These investments have paid off, making our Nation 
more secure and making us better prepared for any disaster. But we have 
much more work to do.
  The committee-reported bill totals $42.9 billion of discretionary 
budget authority, an increase of 7 percent over fiscal year 2009.
  Chairman Byrd has set five major goals for the bill: No. 1, securing 
our borders and enforcing our immigration laws; No. 2, protecting the 
American people from terrorist threats and other vulnerabilities; No. 
3, preparing and responding to all hazards, including natural 
disasters; No. 4, supporting our State, local, tribal and private 
sector partners in homeland security with resources and information; 
and finally, giving the Department the management tools it needs to 
succeed.
  To meet these goals, the bill provides $10.2 billion for Customs and 
Border Protection, including an initiative to combat drugs and violence 
on the Southwest border; $5.4 billion for Immigration and Customs 
Enforcement, including increased funds for the Southwest border 
initiative, and the Secure Communities and Criminal Alien Programs, 
which identify dangerous criminal aliens for deportation when they are 
released from prison.
  It includes $7.7 billion for the Transportation Security 
Administration, including a $513 million increase for the

[[Page S7165]]

purchase and installation of explosives detection systems at airports. 
And funding is included for 50 additional air cargo inspectors to help 
meet the August 2010 mandate in the 9/11 act for 100 percent air cargo 
screening.
  The bill also provides $143 million for surface transportation, 
including 100 additional inspectors and 15 additional security teams to 
improve security on our transit and rail systems, and $8.9 billion for 
the Coast Guard, including funding to complete national security cutter 
No. four and provide long lead materials for NSC No. five.
  The bill also funds 4 fast response cutters, 2 maritime patrol 
aircraft, 40 medium-sized response boats, and includes funding for 
interagency operations centers, which are required by the Safe Port 
Act. And $4.2 billion is provided for first responder grants, including 
$800 million for fire grants, $887 million for urban area security 
grants, $950 million for State homeland security grants, with $350 
million for emergency management performance grants.
  Port security grants receive $350 million and transit/railroad/bus 
grants receive $356 million.
  The bill also includes $399 million to combat the evolving cyber 
security threat.
  Since its inception, the Department has had significant management 
problems.
  The committee bill includes funding increases and clear direction to 
strengthen financial, procurement, and information technology systems 
at the Department of Homeland Security.
  This is a good bill. By focusing on the five goals that Chairman Byrd 
established for this bill, we provide the resources and the information 
necessary to build confidence in our ability to secure the homeland. I 
urge adoption of the bill.
  I yield the floor to the ranking Republican on this appropriations 
subcommittee, Senator Voinovich of Ohio.
  The PRESIDING OFFICER. The Senator from Ohio is recognized.
  Mr. VOINOVICH. Madam. President, I thank Senator Durbin. I would like 
to acknowledge the cooperation we received from Senator Byrd and his 
staff. We are pleased Senator Byrd is out of the hospital and 
recuperating at home. I appreciate the fact that the Senator from 
Illinois has stepped in to pinch-hit for him this morning.
  I think the Senator from Illinois has done an outstanding job of 
covering the details of the bill. I would like to concentrate on some 
of the highlights I think need to be underscored.
  The bill recommends a total of $44.3 billion in appropriations to 
support programs and activities of the Department of Homeland Security. 
Of this amount, $42.7 billion is for discretionary spending. This is 
roughly $145 million less than the President's total discretionary 
request and is consistent with the subcommittee's spending allocation.
  In addition, $1.4 billion is provided for Coast Guard retired pay--
the only mandatory funding in the bill--and $241.5 million is provided 
for Coast Guard overseas contingency operations, the same amount as 
requested by the President in the Department of Defense budget to be 
transferred to the Coast Guard and instead of being appropriated in the 
Defense Appropriations bill is being appropriated here.
  The bill includes significant resources: for border security and 
enforcement of our immigration laws, for continued improvements in 
security at our Nation's airports and modes of surface transportation, 
for the Coast Guard's operations and Deepwater Program recapitalization 
efforts, for helping our citizens prepare for and recover from natural 
disasters, and for equipping and training our Nation's first 
responders.
  As Senator Durbin has indicated, there is much in this bill to 
recommend. I am pleased the Secretary of the Department of Homeland 
Security understands we have done our best to fund her priorities. I 
will not list all the bill's funding recommendations, but I do want to 
note some.
  Full funding is provided for border security, including the funds to 
support 20,063 border patrol agents; 21,12 customs and border 
protection officers; 33,400 detention beds; and $800 million for 
continued work on the virtual border fence and improved radio 
communications.
  Starting in fiscal year 2005, significant increases have been 
provided for border security and immigration enforcement. This bill 
alone provides an increase of $880 million from the fiscal year 2009 
level, excluding emergency appropriations. Progress has been made with 
these investments.
  Fewer people are illegally crossing our borders. This can be seen in 
the decrease in apprehensions of aliens along our borders--from 
1,198,075 in fiscal year 2005 to 723,825 in fiscal year 2008. In other 
words, we have made it more difficult for 474,250 illegal aliens to 
cross our borders. More fencing, roads, and personnel have allowed the 
border patrol to increase the number of miles over which it has 
effective control--from 241 miles in October 2005 to 625 miles in 
October 2008. Additional agents and detention beds have allowed U.S. 
Immigration and Customs Enforcement to increase total removals of 
aliens--from 246,431 removals in fiscal year 2005 to 347,184 in fiscal 
year 2008. We are making progress but we still have a long way to go 
and at great expense.
  In particular, I am pleased that the bill includes funds above the 
request to implement a biometric air exit capability. As the chief 
Senate sponsor of the Secure Travel and Counterterrorism Partnership 
Act of 2007, expanding and improving the Visa Waiver Program is one of 
my top priorities. The Visa Waiver Program has become an important 
national security tool because under that law, countries who 
participate in the program are required to share information on 
terrorists and criminals, report lost and stolen passports, and 
maintain high counterterrorism and document security practices. Since 
enactment of this law, 8 new countries have been accepted into the 
program and we are seeing improvements in the security practices of the 
27 countries that were already participating.
  I have just returned from Lithuania and Latvia, where I was joined by 
several other Members of the Senate, including Senator Durbin. 
Lithuania and Latvia are two countries that were recently admitted into 
the visa waiver program. From a public diplomacy point of view, it has 
been a home run and has been well received by government officials and 
citizens alike.
  I was up in Latvia. They pointed out to me that General Mullen was in 
Latvia, which should have been the biggest thing in the newspaper the 
next day, that he was there. The thing that blew him away was the fact 
that Latvia was approved for visa waiver status. It was so well 
received by the people of Latvia.
  I must note however the two areas which continue to be of concern to 
me. One is the way this administration has budgeted for disasters. The 
President's fiscal year 2010 request for disaster relief is only $2 
billion. We know now from FEMA estimates that this is not enough to pay 
for the declared disasters already on the books. Based on current 
needs, an appropriation of $5.8 billion is required. I understand we 
cannot afford that within the discretionary spending limits for this 
bill, but I am hopeful this is addressed in future budgets.
  This administration has worked hard to break the cycle of requesting 
emergency funding for the wars in Iraq and Afghanistan. Yet no one has 
suggested fixing the way we budget for natural disasters. Last year 
alone, $11.757 billion in emergency supplemental appropriations were 
provided for disaster relief.
  We cannot continue to ``kick the can down the road,'' relying on 
supplemental emergency appropriations to pay for known costs. Hurricane 
Katrina was a catastrophic event. Exceptions were made to regulations 
and policies to speed assistance to those struggling to recover from 
the enormity of the losses. But now these are becoming the standard 
rather than an ``exception to the rule,'' and the Federal taxpayers are 
picking up an ever increasing share of disaster recovery costs.
  It is kind of interesting that at the time of Katrina I commented we 
were doing some things we ordinarily do not do in a FEMA environment 
and predicted that what we were doing at Katrina would become the role 
model for other disasters that have been experienced by States. The 
fact is, more and more States are now asking for

[[Page S7166]]

more and more FEMA money, saying: You did it in Katrina, why can't you 
do it in Texas? Why can't you do it wherever else we have a disaster? 
This has to change if we are going to handle Federal spending and do 
something about the deficit.
  In addition, this bill provides almost $16 billion for border and 
immigration enforcement. That does not even include Coast Guard funding 
to protect our maritime borders. This is a 99.6-percent increase for 
U.S. Customs and Border Protection, U.S. Immigration and Customs 
Enforcement, and US-VISIT from fiscal year 2004 levels in the first 
Department of Homeland Security Appropriations Act.
  It is a significant increase. I think the citizens of our country 
should know that. They have been saying, for a long time, that we have 
not been doing the job in enforcing the security of our borders. I must 
tell them we are doing a much better job than ever before because we 
are allocating the resources to get the job done.
  As we have increased the resources for border I have often wondered 
if there was another way we can secure our borders and deal with 11 or 
so million illegal immigrants other than by drastically increasing the 
resources for border and immigration enforcement. In fiscal year 2008, 
the Federal Government removed 347,184 individuals. In fiscal year 
2009, $5.6 billion is available to locate, detain, and remove 
unauthorized aliens. At the current pace of removals, it could require 
a further investment of $272 billion and 31 years to locate and remove 
the estimated 11 million unauthorized aliens in the United States. We 
must ask whether we are willing or can afford to make that kind of 
investment in enforcement rather than investing time in comprehensive 
immigration reform.
  I appreciate very much the courtesies of the distinguished Senator 
from West Virginia and his staff and all members of the Appropriations 
Committee during our preparation of this bill. I believe it reflects 
our careful consideration of the President's budget request for the 
Department and our best effort to address the Department's resource 
requirements of the Department for the coming fiscal year. I look 
forward to considering amendments which Senators may suggest to the 
bill and to work throughout the appropriations process to ensure the 
Department has the funds to carry out its duties and responsibilities.
  In closing, I would point out that the President's budget was 
received on May 7 and the Appropriations Committee is working 
diligently to move forward on the passage of our 12 appropriations 
bills. Two of the 12 fiscal year 2010 appropriations bills were 
reported by the committee on June 18--including this Homeland Security 
bill--and 2 more were reported on June 25. Another five of the 
appropriations bills are scheduled to be considered and reported by the 
committee this week--two this afternoon and another three on Thursday.
  The House considered and adopted its version of the fiscal year 2010 
Department of Homeland Security Appropriations bill on June 24. It is 
unfortunate that Senate consideration of this bill could not have 
occurred that same week, which would have put us in a position now to 
go to conference with the House.
  Expeditious consideration of the fiscal year 2010 appropriations 
bills by the Senate is required if the Congress is to complete its work 
on all twelve of the appropriations bills by the October 1 start of the 
fiscal year. I have long been concerned about our failure to complete 
our appropriations work on time and the consequences of inaction, and I 
intend to speak at greater length on that during our consideration of 
this bill.
  But, I do want to note here that a letter, dated March 24, 2009, to 
the majority leader, which included the signatures of all Republican 
Members, asked that the legislative schedule for this session:

       . . . allocate an appropriate amount of time for the Senate 
     to consider, vote and initiate the conference process on each 
     of the 12 appropriations bills independently through a 
     deliberative and transparent process on the Senate floor.

  The letter goes on to point out that:

       For a variety of reasons, over the past several years, the 
     Senate has failed to debate, amend and pass each of the bills 
     separately prior to the end of the fiscal year. Far too often 
     this has resulted in the creation of omnibus appropriations 
     bills that have been brought to floor so late in the fiscal 
     year that Senators have been forced to either pass a 
     continuing resolution, shut down government or consider an 
     omnibus bill. These omnibus bills have not allowed for 
     adequate public review and have clouded what should otherwise 
     be a transparent process.

  The letter further points out that President Obama, on March 11, 
2009, said that he expects future spending bills to be

       . . . debated and voted on in an orderly way and sent to 
     [his] desk without delay or obstruction so that we don't face 
     another massive, last minute omnibus bill like this one.

  So let us proceed with this bill and debate and dispose of amendments 
Senators may wish to offer to it without unnecessary delay to allow us 
to complete our appropriations work this session. And, I would like to 
add that it is incumbent on our side of the aisle to make sure our 
amendments are relevant and germane.
  I recommend this bill to my colleagues for their consideration and 
support, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Hawaii is recognized.
  Mr. INOUYE. Madam President, today the Senate begins its 
consideration of the Homeland Security appropriations bill which was 
passed by the House and marked up by the Senate Appropriations 
Committee late last month. This week the Committee on Appropriations 
will meet, to consider five additional appropriations bills.
  Over the next several weeks we expect to have many of these bills 
debated and hopefully passed by the Senate so that we can begin final 
conference deliberations on these critically important measures.
  The bill before the Senate was prepared by our Homeland Security 
Subcommittee chaired by Senator Robert Byrd.
  Senator Byrd along with this ranking member Senator Voinovich of Ohio 
and all the subcommittee members crafted this bill which provides $42.7 
billion in discretionary spending for the critical programs to defend 
our Nation, protect our borders and coastline, and respond to natural 
disasters.
  The amount represents a 7 percent increase over the funding provided 
in fiscal year 2009, but is approximately $150 million less than 
requested.
  An additional $241 million is also included in the bill for the 
overseas contingency operations of the Coast Guard. This sum was 
requested in the defense bill for the same purpose.
  Our colleagues should thank Senators Byrd and Voinovich for 
completing their hard work on this bill. The bill was marked up by the 
committee 3 weeks ago and approved on a unanimous bipartisan vote.
  As the Senate reviews this and the other spending bills which will 
soon follow I urge it to be mindful of the importance of this task.
  It is imperative to the efficient operation of our Federal Government 
that we move to pass this measure and complete a conference with the 
House. For too long we have relied on cumbersome omnibus spending 
measures to fund our Federal agencies.
  In order to break this habit, the Appropriations Committee will 
continue to report noncontroversial bipartisan bills which will be 
within the congressionally approved budget levels and should be 
considered expeditiously by the Senate. Passage of this bill quickly 
will demonstrate the Senate's ability to act responsibly and 
collegially in fulfilling its constitutional responsibilities.
  The bill before the Senate deserves the support of every Member of 
this body. It is a clean bill free of unnecessary legislative riders. 
It is within the committee's spending allocation and $150 million below 
the amount requested. I strongly recommend its approval.
  The PRESIDING OFFICER. The Senator from Alabama is recognized.


                Amendment No. 1371 to Amendment No. 1373

  Mr. SESSIONS. Madam President, I have an amendment at the desk, No. 
1371, and would ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Alabama [Mr. Sessions] proposes an 
     amendment numbered 1371 to amendment No. 1373.


[[Page S7167]]


  Mr. SESSIONS. Madam President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

    (Purpose: To make the pilot program for employment eligibility 
   confirmation for aliens permanent and to improve verification of 
                    immigration status of employees)

       On page 72, strike lines 8 through 14 and insert the 
     following:
       Sec. 545.  Section 144 of the Continuing Appropriations 
     Resolution, 2009 (division A of Public Law 110-329; 122 Stat. 
     3581), as amended by section 101 of division J of the Omnibus 
     Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 988), 
     is further amended by striking ``September 30, 2009'' and 
     inserting ``September 30, 2012''.
       Sec. 546.  Section 401(b) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208; 8 U.S.C. 1324a note) is amended by 
     striking ``Unless'' and all that follows.
       Sec. 547.  The head of each agency or department of the 
     United States that enters into a contract shall require, as a 
     condition of the contract, that the contractor participate in 
     the pilot program described in 404 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (division C 
     of Public Law 104-209; 8 U.S.C. 1324a note) to verify the 
     employment eligibility of--
       (1) all individuals hired during the term of the contract 
     by the contractor to perform employment duties within the 
     United States; and
       (2) all individuals assigned by the contractor to perform 
     work within the United States the under such contract.
       Sec. 548. (a)(1) Sections 401(c)(1), 403(a), 403(b)(1), 
     403(c)(1), and 405(b)(2) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208; 8 U.S.C. 1324a note) are amended by 
     striking ``basic pilot program'' each place that term appears 
     and inserting ``E-Verify Program''.
       (2) The heading of section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     is amended by striking ``Basic Pilot'' and inserting ``E-
     Verify''.
       (b) Section 404(h)(1) of the Illegal Immigration Reform and 
     Immigration Responsibility Act of 1996 (Public Law 104-208; 8 
     U.S.C. 1324a note) is amended by striking ``under a pilot 
     program'' and inserting ``under this subtitle''.

  Mr. SESSIONS. This is an amendment to make permanent the E-Verify 
system that is supported by Secretary of Homeland Security Napolitano 
and would require that all governmental contractors who do work for the 
Federal Government use it before they hire people to ensure that the 
individuals they hire are Americans and not illegally in the country.
  At a time when our unemployment rate is now 9.5 percent, this is more 
important now than ever.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Minnesota.

                          ____________________