Department of Homeland Security Appropriations Act, 2007--Continued

DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007--Continued -- (Senate - July 11, 2006)

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Mr. BYRD. Madam President, I was just saying as I came in, I saw these young pages here--I have been around here quite a long time, but I haven't gotten used to these. Our country has put a man on the Moon and brought him back to Earth again, but it hasn't yet perfected a really good public address system. A Senator such as myself is not used to the public address system and has to learn how to use the ones we have.

As I was saying, I said the person who really introduced court reporting in the Roman Senate was Cicero, which I will discuss at another time.

AMENDMENT NO. 4557

Mr. BYRD. Madam President, when the President sent his budget to the Congress in February, it was based on a false premise. The President's budget assumed that the Appropriations Committees would raise the aviation fees on airline passengers by $1.23 billion. The President and his advisers at the Office of Management and Budget were aware that the Congress would not approve this tax increase on airline passengers because the administration tried a similar proposal last year, and the Congress responded with a bipartisan no. Thus, the President's budget is kind of a hollow one--h-o-l-l-o-w, hollow. It leaves a gaping $1.23 billion hole in the homeland security budget.

The chairman of the Appropriations Committee, Senator Cochran, provided the subcommittee with some additional resources, but the fact remains that this bill is still $515 million below the President's request and $350 million lower than the bill that was passed by the House of Representatives last month.

The amendment I am offering today attempts to rectify this discrepancy. My amendment provides an additional $350 million for border security infrastructure enhancements, and it is fully paid for.

I am pleased that the chairman of the subcommittee, Senator Gregg, is working with me on this amendment. As we continue to hire more Border Patrol agents and other immigration enforcement officials, we need to give them the tools they need to do their job, and we need to start paying for those tools now so they will be available as more and more Border Patrol and immigration enforcement officials are hired and trained.

The Border Patrol needs new helicopters because the average age of its helicopters is nearly 40 years. The average age of our Customs primary fixed-wing aircraft is 30 years. All of our border enforcement officials, including the newly hired officials, need more vehicles, including all-terrain vehicles, high endurance vehicles, and even more buses to transport and remove illegal aliens.

Customs and Border Protection has a requirement for 18 unmanned aerial vehicles, or UAVs. The Senate-passed immigration bill authorizes more UAVs. Yet the only one we had operating on our border crashed in the desert this past spring.

The amendment I am offering provides real dollars for our aging border infrastructure. It provides $90 million for additional fencing, tactical border infrastructure, and facilities. It provides $105 million for air and marine items, such as new helicopters, unmanned aerial vehicles, the standing up of all planned northern border air wings, and the facilities to house and maintain these aircraft. It provides $55 million for replacement vehicles for our border and immigration personnel, and it also provides $15 million for the ongoing Information Technology Modernization Program at Immigration and Customs Enforcement.

The President's budget requested $47 million in direct appropriations for the Business Transformation Program at U.S. Citizenship and Immigration Services. Because of the hollowness of the President's budget submission, these funds were not included in the bill reported out of committee. The program is a multiyear effort to modernize immigration benefits services.

So this amendment will help to reduce the rate of fraud in the program and to ensure the security and the integrity of the immigration system. This amendment provides the $47 million requested by the President for this program.

Finally, my amendment adds $38 million for fraud detection and national security activities at USCIS.

This $38 million will add 100 new positions to enable FDNS to conduct benefit fraud assessments of additional immigration benefits, including training efforts necessary to further enhance the background checking process. We must have the technology and trained personnel in place now if we are to ensure that only those individuals who are legally allowed to be in this country are obtaining benefits and other privileges.

How is the amendment paid for? The amendment is fully paid for through increases in existing fees on non-U.S. citizens.

Border security in this country must be more than just a political slogan in this campaign year. Do you know this is a campaign year? I do. I am running. Border security must be one of the Nation's top priorities. The people out there watching through those lenses will agree with that. Border security must be one of this Nation's top priorities.

The United States is on track to hire over 6,500 new Border Patrol agents and immigration enforcement officers. But what happens once they are on the job? Do we send them to the border without weapons, without radios, without trucks and Jeeps? Without this amendment, without these resources, we will be telling our Border Patrol agents in essence to stem the tide of illegal immigration with little more than a polite smile--little more than a polite smile. Asking illegal immigrants to please turn around just won't cut it. Our Border Patrol must have the law enforcement resources to get the job done.

If we are truly serious about securing our borders--and not just engaging in hollow rhetoric--then we will put real dollars on the border. I commend my chairman, Senator Gregg, for his support, and I urge my colleagues to support this amendment.

Mr. President, I send the amendment to the desk.

The PRESIDING OFFICER (Mr. VOINOVICH). The clerk will report.

The assistant legislative clerk read as follows:

The Senator from West Virginia [Mr. BYRD], for himself, Mr. Gregg, Ms. Murray, Mr. Rockefeller, and Mr. Bingaman, proposes an amendment numbered 4557.

Mr. BYRD. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.

The PRESIDING OFFICER. Without objection, it is so ordered.

The amendment is as follows:
(Purpose: To provide additional resources for border infrastructure and program integrity initiatives)

At the appropriate place in the bill insert the following:
TITLE VI
BORDER SECURITY INFRASTRUCTURE ENHANCEMENTS

SEC. 601. (a) Notwithstanding any other provision of law, the Secretary of Homeland Security shall adjust fees charged by the Department against any non-United States citizen by notice in the Federal Register no later than January 1, 2007, to achieve not less than $350,000,000 in additional receipts by September 30, 2007: Provided, That the Secretary may adjust only those fees authorized under the Immigration and Nationality Act and the Illegal Immigration Reform and Immigrant Responsibility Act: Provided further, That this adjustment shall be in addition to fees authorized under 8 United States Code 1356.

(b) Amounts collected under subsection (a) shall be deposited in the accounts as provided by 8 United States Code 1356: Provided, That of the total amount collected pursuant to subsection (a) the Secretary shall transfer the following amounts:

(1) $25,000,000 to Customs and Border Protection ``Salaries and Expenses'' for vehicle replacement;

(2) $105,000,000 to Customs and Border Protection ``Air and Marine Interdiction, Operations, Maintenance, and Procurement'' for air asset replacement and air operations facilities upgrades;

(3) $90,000,000 to Customs and Border Protection ``Construction'';

(4) $30,000,000 to Immigration and Customs Enforcement ``Salaries and Expenses'' for vehicle replacement; and,

(5) $15,000,000 to Immigration and Customs Enforcement ``Automation Modernization''.

(c) Of the total amount collected pursuant to subsection (a) $85,000,000 shall be made available to United States Citizenship and Immigration Services: Provided, That of the additional amount available, $47,000,000 shall be for Business Transformation and $38,000,000 shall be for Fraud Detection and National Security initiatives.

(d) Amounts deposited under paragraph (b) shall remain available until expended for the activities and services described in paragraphs (b) and (c).

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AMENDMENT NO. 4559

Mr. BYRD. Mr. President, the President of the United States, in his January State of the Union Address, told America: ``The enemy has not lost the desire or the capability to attack us.'' He was right. I am sure the President is correct about that. But some of the speech writers and policy writers for the administration seem to be living in alternative worlds.

After the administration's decision to allow Dubai Ports World to operate terminals in six major U.S. ports, the administration asserted that it has a robust, layered security system for our ports. Yet the White House has proposed for the second straight year now to eliminate the Port Security Grant Program.

How serious is the administration about port security when it decides to allow Dubai Ports World to control six major U.S. ports? How serious is the administration when it underfunds port security? How serious are they about port security when Customs and Border Protection inspects only 5 percent of the 11 million containers that come into the country each year? How serious is the administration about port security when the Coast Guard inspects only one-third of the foreign ports that trade with our country? How serious is the administration when the Coast Guard Deepwater budget for replacing its ships, planes, and helicopters will not be completed until 2026? How old will I be then, in 2026? Well, it really doesn't matter. That is 20 years away.

How serious are they when it takes over 11 months to make grant funds available to ports for needed security measures?

My amendment would provide $648 million to fill critical gaps in our paper-thin--paper-thin--do you see how thin this paper is--our paper-thin port security programs. The amendment would provide resources for more container inspection equipment and personnel, more port inspections, more Coast Guard ships, more Coast Guard planes that are essential to securing our borders, and more port security grants.

Currently, only 5 percent of all of the cargo containers entering the United States are physically inspected by opening the containers. Now, this is paper-thin security. My amendment would fund 60 more cargo container imaging machines at our seaports and rail border crossings that can view inside a container. It will also fund the hiring of 354 additional Customs and Border Protection officers to inspect these containers and address anomalies in cargo containers that may be triggered by the radiation portal monitors deployed at the ports.

Currently, the Coast Guard has only 82 inspectors to conduct facility investment compliance at domestic ports and 34 inspectors to review security plans at foreign ports. Of the 144 countries that conduct maritime trade with our country, the Coast Guard has assessed security at only 51. At the current rate of inspections, Coast Guard inspectors will visit countries that trade with the United States only once every 4 years. Now, this is paper-thin security.

Under my amendment, the Coast Guard would complete the assessment of all 144 countries every 2 years. My amendment would also provide the Coast Guard with funding to conduct random spot checks of all domestic port facilities and assess the vulnerability of our most strategic ports here at home.

Domestically, the Coast Guard inspects the 3,064 U.S. facilities that are subject to the Maritime Transportation Security Act regulations just once per year. The Coast Guard has no funding to conduct random spot checks of these facilities. My amendment includes funding for approximately 80 new positions to establish a robust spot check program at each Coast Guard sector office, an important element in any enforcement regime, wouldn't you think so?

The Coast Guard has completed vulnerability assessments at 55 militarily and economically strategic ports. Currently, no funding is available to update these assessments which were completed 2 years ago. But my amendment would allow the Coast Guard to reassess the vulnerability of approximately 10 ports.

The condition of Coast Guard ships and planes is declining rapidly. These assets spend more and more time out of service. For example, total patrol boat hours in 2004 were 25 percent lower than in 1998. Current Coast Guard maritime patrol airplanes can only provide half of the hours required to meet operational commitments. At the same time, funding constraints require maintenance on these aging assets to be deferred more and more every year.

My amendment provides $184 million for the Coast Guard to buy new patrol boats, maintain existing cutters, buy new maritime patrol aircraft, and arm its helicopters for homeland defense in U.S. ports and harbors.

Coast Guard Patrol boats are operating in theater less today than they were in 1998. Total boat hours were only 75,000 in 2004, compared to the 1998 baseline of approximately 100,000 hours. The decline in operational hours has been the result of aging assets and the loss of 8 patrol boats deployed to the Middle East for Operation Iraqi Freedom. Under the Coast Guard's Deepwater modernization plan, this gap won't be closed until 2012 at the earliest. Funding in my amendment would enable the Coast Guard to purchase 2 additional patrol boats for a total of 5 in fiscal year 2007. This will provide the Coast Guard with 6,000 desperately needed Deepwater patrol boat hours in drug and migrant transit zones.

Finally, my amendment includes $190 million for port security grants, which would bring fiscal year 2007 funding to $400 million. The Coast Guard estimates that $5.4 billion is needed through 2012 for security at our ports. To date, only 15 percent of that amount has been funded despite the fact that United States ports handle over 95 percent of U.S. overseas trade. Last year, Homeland Security was able to fund only 24 percent of the projects requested. This is paper-thin security.

I ask unanimous consent that a letter from the American Association of Port Authorities supporting the amendment be printed in the Record.

The PRESIDING OFFICER. Without objection, it is so ordered.

(See exhibit 1)

Mr. BYRD. The White House knew, when it sent the budget to the Congress, that the funding relied on a tax hike on air travelers--a tax hike the Congress had already rejected. The Appropriations committees lack jurisdiction to increase the aviation passenger tax, and, of course could not do so in this bill. As a result, despite Chairman Gregg's best efforts, the bill that is before the Senate does not provide the necessary resources for port security. My amendment addresses that shortfall.

Just 2 months ago, the Senate approved my $648 million port security amendment to the supplemental. Regrettably, the President threatened to veto the supplemental unless what he characterized as low-priority spending was dropped from the bill. In conference, port security funding was stricken from the supplemental. I hope that the Senate will approve this port security amendment again and that this time, it survives in conference.

The amendment is within the allocation available to the subcommittee for fiscal year 2006.

The American people expect more than just a paper-thin security plan for our ports. I thank Chairman Gregg for his support.

I thank my illustrious chairman, Senator Gregg, for his support, and I urge the adoption of my amendment.

BREAK IN TRANSCRIPT

Mr. BYRD. Mr. President, I ask that my amendment be called up and the clerk state it for the consideration of the Senate.

The PRESIDING OFFICER. The clerk will report.

The legislative clerk read as follows:

The Senator from West Virginia [Mr. BYRD], for himself, Mr. Gregg, Mr. Kohl, Mrs. Clinton, Mr. Menendez, Mrs. Murray, and Mr. Rockefeller, proposes an amendment numbered 4559.

Mr. BYRD. 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 provide additional funding for port security enhancements in fiscal year 2006)

At the appropriate place, insert the following:

TITLE VII--SUPPLEMENTAL APPROPRIATIONS FOR PORT SECURITY ENHANCEMENTS

The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to enhance port security for the fiscal year ending September 30, 2006, and for other purposes, namely:

CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For an additional amount for ``Salaries and Expenses'', $251,000,000, to remain available until expended.

UNITED STATES COAST GUARD

OPERATING EXPENSES

For an additional amount for ``Operating Expenses'', $23,000,000, to remain available until expended: Provided, That funding is available to accelerate foreign port security assessments, conduct domestic port vulnerability assessments, and perform unscheduled security audits of facilities regulated by chapter 701 of title 46, United States Code, commonly known as the Maritime Transportation Security Act of 2002.

UNITED STATES COAST GUARD

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for ``Acquisition, Construction, and Improvements'' for acquisition, construction, renovation, and improvement of vessels, aircraft, and equipment, $184,000,000 for the Integrated Deepwater Systems program, to remain available until expended: Provided, That funding is available to acquire maritime patrol aircraft and parent craft patrol boats, to provide armed helicopter capability, and to sustain the medium endurance cutter fleet.

OFFICE FOR DOMESTIC PREPAREDNESS

STATE AND LOCAL PROGRAMS

For an additional amount for ``State and Local Programs'', $190,000,000 to remain available until September 30, 2007: Provided, That the entire amount shall be for port security grants pursuant to the purposes of subsection (a) through (h) of section 70107 of title 46, United States Code, which shall be awarded based on risk notwithstanding subsection (a), for eligible costs as defined in paragraphs (2), (3), and (4) of subsection (b).

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