[Congressional Record Volume 159, Number 180 (Wednesday, December 18, 2013)]
[Senate]
[Pages S8969-S8971]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               THE BUDGET

  Mr. CARPER. Mr. President, I wish to speak tonight on two subjects. 
The first is the budget resolution, the bipartisan, bicameral budget 
resolution conference report we approved today. This is the first time 
in a number of years we have actually been able to debate and find some 
consensus on a bipartisan blueprint for spending for the balance of 
this fiscal year. I commend Senator Murray and Congressman Ryan for 
their work and for their leadership and their willingness to find the 
middle.
  My wife and I celebrate our 28th anniversary in about 2 weeks. 
Actually, it is a few minutes after midnight on New Year's Day. One of 
the things I love to do when I talk to people who have been married a 
lot longer than we have is to ask them the secret for being married a 
long time. I have heard all kinds of answers--hilarious answers, some 
very poignant answers. The best answer I ever heard is the answer of 
the two Cs. The first time someone said that to me I said: What are 
they? They said: Communicate and compromise. Communicate and 
compromise. As it turns out, that is not just the secret for a long 
marriage between two people, but it is also the secret for a vibrant 
democracy. If we are to continue to thrive as a nation and to meet our 
responsibilities, it will be by doing what our leaders on the Budget 
Committees have done; that is, communicated at great length with one 
another, developed a sense of trust with one another, an understanding 
of the other's views, and being willing to compromise and find their 
way to the middle.
  Everyone here could fault some aspect of the agreement that was 
struck. I can, and I know others can. But I wish to commend them and 
thank them for the effort that went into getting this one.
  The Presiding Officer has heard me say once or twice in the last year 
or so that there are three key ingredients to making real progress, 
major progress, on deficit reduction, and one of those is entitlement 
reform which saves the programs for future generations, saves money, 
and does not savage old people or poor people. The second is tax 
reform, which helps us lower some of the corporate rates a bit as well 
as generates revenues for deficit reduction. The third element is the 
notion of looking at everything we do in Federal Government--everything 
we do--and answer this question: How can we get a better result for 
less money or the same amount of money?
  As we approach the next budget resolution next spring and the next 
opportunity to revisit these issues of spending, including domestic 
spending, defense spending, entitlement spending, and revenues, my hope 
is that we will be able to make even greater progress by focusing also 
on those three critical elements. So that is one of the things I wanted 
to speak about.


                          Mayorkas Nomination

  The other issue I wish to speak about actually is a person; that is, 
a fellow named Alejandro Mayorkas. He has been nominated by the 
President to serve as the Deputy Secretary of the Department of 
Homeland Security. He was nominated some 8 months ago.
  As the Presiding Officer may recall, I have the privilege of chairing 
the committee of jurisdiction over Homeland Security, the Committee on 
Homeland and Government Affairs, and we are responsible for working 
with the administration. We are also responsible, as are a lot of other 
folks in this country and outside of it, to help protect our Nation's 
security both at home and abroad. At the same time we strive on our 
committee to make sure Federal agencies work better, work smarter, and 
more efficiently with the resources we entrust to them. We are an 
oversight committee.
  During my years in public service, I have learned that the most 
important ingredient in enabling organizations to work well is 
leadership. That is the case both in government and in the private 
sector, in organizations large and small. Part of our shared 
responsibility is ensuring that we have effective leaders in place 
across our Federal Government. It is every Senator's constitutional 
role to provide advice and consent on the President's nominees in a 
thorough and timely manner as part of the Senate's confirmation 
process. While we in Congress hope to soon wrap up our 2013 session, it 
is going to be with far less to show than many of us would have liked, 
but at least the Senate will have had an opportunity to fill some key 
leadership positions across the Federal Government and to confirm a 
number of judges in many courts where they need a judge or two.
  One of the roles that needs to be filled, again, is that of Deputy 
Secretary of the Department of Homeland Security. This Department, as 
we know, plays a critical role in protecting our Nation and its 
citizens from harm. Whether the threat relates to terrorism from 
abroad, to homegrown extremists, to cyber attacks or natural disaster, 
this Department and the folks who work there are on the frontline for 
us.
  Because of the Department's significant role in the security of our 
country, I have been very concerned--very concerned--for many months 
about the high number of senior level vacancies at the Department of 
Homeland Security. In fact, the Department has been without a Senate-
confirmed Deputy Secretary since April and without a Senate-confirmed 
Secretary since I think late last summer.
  Earlier this week, we took an important step to address this problem 
by voting to confirm Jeh Johnson, a good man, as the next Secretary of 
the Department of Homeland Security with an overwhelming bipartisan 
vote. I wish to thank our Republican colleagues for joining us in that 
vote. That is good news. But we should not stop there. We need to 
ensure that Secretary Johnson has a Senate-confirmed leadership team in 
place and that certainly includes Alejandro Mayorkas as his Deputy.
  I wish to take a few minutes, if I could, to speak in strong support 
of the nomination of Director Mayorkas' nomination and explain why I am 
convinced he is one of the leaders we urgently need at the Department 
of Homeland Security. As of this week, more than 8 months have passed 
since former Deputy Secretary Jane Holl Lute stepped down from her post 
at DHS, and nearly 6 months have passed since the President has 
nominated this man, currently the Director of U.S. Citizenship and 
Immigration Services, for that post. It is time to put in place Senate-
confirmed leadership in this very important Deputy Secretary position.
  The former Deputy Secretary--the last Senate-confirmed Deputy 
Secretary for this Department--was a woman named Jane Holl Lute, a very 
impressive leader in her own right and widely respected not just by 
members of the committee but by many of our colleagues, Democrats and 
Republicans, in the Senate for her leadership, management skills, 
expertise, and for her candor. She helped DHS make strides in many 
areas; for example, in narrowing the operational and management issues 
identified as high risk by the Government Accountability Office. Ever 
since the Department of Homeland Security was created, it has been on 
the high-risk list every other year by GAO. They put it out at the 
beginning of every Congress, and one of the leaders, if you will, in 
terms of getting a lot of mentions on the high-risk list, is the 
Department of Homeland Security.

[[Page S8970]]

  One of the criticisms of the Department for the last 10 years is they 
never passed a financial audit. They are supposed to, under a law 
passed roughly 20 years ago, and little by little every Federal agency, 
except the Department of Defense, has become auditable and then finally 
achieved a clean audit. Last week we learned the Department of Homeland 
Security, within 10 years or so, finally has achieved that goal.
  Why is that important? Because what we cannot measure, we cannot 
manage. This is a big Department, spread out across the country. There 
are 22 disparate agencies, with hundreds of thousands of employees, and 
they need to be well managed.
  One of Jane Holl Lute's accomplishments, along with Janet Napolitano, 
the former Secretary, was to make them auditable and to get them a 
clean audit. I think it is safe to say that the Department needs 
somebody with the same kind of commitment and willingness to tackle 
problems head-on that Jane Holl Lute brought to the job.
  Similarly, Director Mayorkas understands and is well prepared to 
tackle these management challenges and is committed to continuing these 
reform efforts needed to move the Department forward.
  Director Mayorkas has a distinguished record of leadership in public 
service. In fact, he has been confirmed by the Senate not once but 
twice--first as the U.S. attorney for the Central District of 
California, the youngest U.S. attorney in the country at the time, and 
again in his current capacity as the leader of the U.S. Citizenship and 
Immigration Services. He has also served as a partner in a major U.S. 
law firm, O'Melveny & Myers.
  Director Mayorkas has a long and distinguished record in law 
enforcement. As an assistant U.S. attorney, he aggressively prosecuted 
drug traffickers, human smugglers, and violent criminals. As U.S. 
attorney, Mr. Mayorkas led the largest Federal judicial system in the 
United States and was appointed by then-U.S. Attorney General Janet 
Reno to serve on her advisory committee on ethics and government. 
Moreover, while a partner at O'Melveny & Myers, he served as chair of 
the firm's Values Committee and he was a recipient of the firm's annual 
Values Award.
  Since his confirmation by voice vote by the Senate in 2009, Director 
Mayorkas has served as Director of U.S. Citizenship and Immigration 
Services. He has skillfully led the largest immigration system in the 
world. In this capacity, Director Mayorkas has been responsible for an 
18,000-member workforce that maintains more than 200 offices worldwide 
and is supported by a $3 billion budget.
  Director Mayorkas has led the effort to turn around an agency that 
was widely considered to be foundering. He has helped to put it on the 
path to professionalism and competence. His first action after being 
confirmed several years ago was to order a top-to-bottom review of the 
agency to identify its strengths and to identify its weaknesses.
  When the review concluded, Director Mayorkas became concerned that 
Citizenship and Immigration Services was prioritizing speed over 
security when it came to processing visa applications. In order to make 
sure that national security concerns were getting the proper attention, 
he created an entirely new directorate responsible for policing visa 
issuance, reporting directly to him. This ensured that national 
security professionals would have a seat at the management table and a 
voice in all major decisions.
  Director Mayorkas has proven that he is an exceptional manager during 
his time at U.S. Citizenship and Immigration Services. Let me give a 
couple concrete examples of how he has made the agency more effective.
  He dramatically improved what I believe is one of the most important 
programs in all of DHS; that is, E-Verify. This is a voluntary program 
that allows employers to check whether prospective employees are 
eligible to work in the United States. I was pleasantly surprised to 
learn that under Director Mayorkas' leadership, the number of employers 
using E-Verify tripled--from 156,000 employers in 2009 to almost half a 
million today. The number of people processed by E-Verify also 
increased from nearly 9 million to over 20 million people. That is 
remarkable improvement in this important program.
  His implementation last year of the President's Deferred Action for 
Childhood Arrivals Program--a hugely complicated and challenging 
undertaking that brought hundreds of thousands of people out of the 
shadows--has also been widely praised.
  Within 60 days, Director Mayorkas managed to implement a program that 
processed hundreds of thousands of people while ensuring that the 
appropriate security checks were performed. I think it is a stunning 
achievement.
  Here is something else I found interesting. Just yesterday, the 
Partnership for Public Service issued its rankings of the best places 
to work in the Federal Government in 2013--just yesterday. On the one 
hand, I was dismayed to find out that the Department of Homeland 
Security ranked last on their list of Cabinet Departments. However, 
U.S. Citizenship and Immigration Services, led by Ali Mayorkas, was one 
of the highest ranked components within the Department of Homeland 
Security, coming in, I think, at 76 out of some 300 Federal agencies. 
And after Alejandro Mayorkas took over in 2009, employee satisfaction 
with senior leadership did not drop; it increased by over 20 percent. 
We need more of that kind of proven and committed leadership at DHS.
  Everything I have learned about Director Mayorkas over the past 
year--and I have learned a lot--has led me to conclude that he is an 
exceptional candidate to be the next Deputy Secretary at this 
Department.
  But don't just take my word for it. Director Mayorkas has received 
glowing accolades from a number of our colleagues who have worked 
closely with him.
  I might also say that he has been strongly endorsed by every single 
former Secretary of this Department, every one of them, two appointed 
by George W. Bush and one by our current President. They have all 
endorsed him.

  He has also been endorsed by a number of our colleagues--Mary 
Landrieu, who knows him well, who is a valued member of our committee; 
Dianne Feinstein from California, who recommended Director Mayorkas for 
his positions--both as U.S. attorney out there to President Clinton and 
to President Obama for his current leadership position.
  We have also received dozens of letters from a distinguished, 
bipartisan group of individuals and organizations asking us to move 
forward with this nomination. I want to take a minute or two, if I 
could, right now to share with our colleagues what some of these 
distinguished people have been saying about Director Alejandro 
Mayorkas.
  Among those writing on his behalf are many individuals whom a lot of 
us deeply respect. I mentioned Jane Holl Lute, the previous Deputy 
Secretary; and Richard Skinner, the last Senate-confirmed Department of 
Homeland Security inspector general, who was nominated by former 
President George W. Bush.
  I particularly value what Jane Holl Lute has to say given that she 
has an unparalleled perspective on what it takes to be an effective 
Deputy Secretary. She was one herself, and she was terrific. Here is 
what she said about Director Mayorkas:

       As I have come to know Ali, I can tell you that he asks no 
     more of others than he does of himself, and, in leading by 
     example, sets a standard of excellence for all who consider 
     themselves committed to public service. In my view, Homeland 
     Security could be in no better hands.

  That is Jane Holl Lute.
  In one of two support letters--not one but two support letters--
Richard Skinner, the last Senate-confirmed inspector general of the 
Department of Homeland Security--again, a Bush appointee--he sent two 
letters to our committee, including one earlier this month, and in it 
he said this of Ali Mayorkas:

       During my tenure as Inspector General, Mr. Mayorkas 
     demonstrated that he possessed the intellectual wherewithal 
     to make objective and often times very tough decisions on 
     complex, multifaceted issues, and a genuine commitment to the 
     mission, vision, and core values of the U.S. Department of 
     Homeland Security. He is a strong leader who will be able to 
     bring together diverse interests in collaborative efforts.

  That is the last Senate-confirmed inspector general for this 
Department.
  The list of supporters for Director Mayorkas also includes other 
senior officials in the George W. Bush administration, such as Kenneth 
Wainstein,

[[Page S8971]]

who was President Bush's Homeland Security Advisor. Here is what Mr. 
Wainstein had to say:

       Ali has consistently shown an exceptional ability to 
     mobilize, manage, and lead people and organizations . . . as 
     USCIS Director, he has effectively led a large and complex 
     organization during a time of continuing change and 
     challenge. His marked success in that difficult role is a 
     strong predictor of his performance in the Deputy Secretary 
     position.

  Again, that is what Mr. Wainstein had to say. I could not agree more.
  Those from the law enforcement community also laud Director Mayorkas. 
For example, we received strong letters of support from the people 
charged with securing our borders during the George W. Bush 
administration: Robert Bonner, Ralph Basham, and Jason Ahern--all of 
whom served as Commissioner of Customs and Border Protection within the 
Department of Homeland Security.
  Mr. Bonner wrote:

       It is not merely his willingness to serve the public good 
     that impels me to write this letter of support for his 
     nomination, it is rather my firm belief that Ali has the 
     experience, skills, talents, and plain old good judgment to 
     be an effective Deputy Secretary, perhaps the best DHS has 
     ever had.

  Having succeeded Jane Holl Lute, that is saying a mouthful.
  Mr. Basham also wrote:

       Mr. Mayorkas has already served the Department well and 
     honorably in the role of Director of U.S. Citizenship and 
     Immigration Services. I also believe Mr. Mayorkas to be a 
     public servant of integrity with a clear and distinguished 
     track record of leadership.

  Mr. Ahern, also one of the past Commissioners of this Department, 
said these words:

       It is my strong opinion that Director Mayorkas' experience 
     and leadership will be invaluable as DHS continues the work 
     of protecting the homeland against threats of all kinds. As 
     the Department of Homeland Security continues to mature, 
     Alejandro Mayorkas is the right leader to continue that 
     development and also meet the many critical mission 
     challenges faced every day.

  Think about it. The three most senior border security officials who 
served under George W. Bush all agree that Director Ali Mayorkas would 
make an outstanding Deputy Secretary. They have worked with him in many 
cases. They know him. They have seen him up close and in person. They 
have watched him lead.
  But it is not only former DHS officials who feel that way. Chuck 
Canterbury, the national president of the Fraternal Order of Police, 
said that Director Mayorkas' ``professionalism, leadership skills and 
integrity make him an ideal candidate for this post.''
  All of these individuals who have worked closely with Director 
Mayorkas have spoken highly of him. They cite his integrity, his 
commitment to excellence, and his tenacity.
  I will close with this. At his confirmation hearing Director Mayorkas 
said that his goal in life has always been to bring honor to his 
parents. His parents brought him to this country as a refugee from Cuba 
when he was 1 year old, he and his brothers. They worked hard every day 
to give him and his brothers the opportunity to go to school and make a 
better life for themselves. Like his parents, Alejandro Mayorkas has 
worked hard all of his life. He has worked hard and he has worked hard 
in part to make them proud.
  I believe he has brought great honor to them and to this country and, 
if confirmed, would continue to do so as Deputy Secretary of the 
Department of Homeland Security.
  I urge all of my colleagues to support his nomination.
  The PRESIDING OFFICER. The assistant majority leader.
  Mr. DURBIN. I wish to say a word about the statement made by my 
colleague from Delaware.
  Senator Carper and I came to Congress together over 30 years ago in 
the House of Representatives. He left for a short interlude to become 
Governor of the State, and then I recall making a telephone call to him 
1 day saying would you consider joining me again in the Senate, and he 
was kind enough to do so. The people of Delaware were wise enough to 
elect him. I have known Tom Carper for a long time. He is an honorable 
man, a man of integrity.
  This is a controversial nomination on the other side of the aisle. 
There are some who question the integrity of Mr. Mayorkas and his 
fitness to be chosen for this position. I have met him. He makes a 
positive impression and a very strong case that he should continue in 
public service. But what I respect most is my colleague, Senator Tom 
Carper, chairman of this committee, has gone to extraordinary lengths 
to investigate every allegation, to answer every question, and to be 
there to work with the other side of the aisle to try to resolve any 
problems that they have with this nomination. Sadly, he has not been 
successful. There are still some on the other side who will oppose him.
  I spoke to Senator Reid, the majority leader, earlier this week, and 
said: If Tom Carper believes that Ali Mayorkas is an honorable man 
based on his investigation, I trust Tom Carper. I don't believe he 
would ever mislead the American people, the people of Delaware, or the 
Senate. We should confirm this man. The allegations that have been made 
against him have not been substantiated and, frankly, should not ruin 
what is an extraordinary public career and an opportunity for him to 
continue to serve this Nation that he loves.
  I thank Tom Carper for his leadership, for his integrity, and his 
commitment to fairness to make sure that this man is treated fairly by 
the Senate.

                          ____________________