Department Of Homeland Security Appropriations Act, 2010
I have an amendment at the desk. Madam Chairman, this amendment would remove $600,000 from the city of Emeryville, California, and return the money to FEMA's Pre- Disaster Mitigation account. The Pre-Disaster Mitigation account used to be…
I have an amendment at the desk.
Madam Chairman, this amendment would remove $600,000 from
the city of Emeryville, California, and return the money to FEMA's Pre- Disaster Mitigation account. The Pre-Disaster Mitigation account used to be awarded solely on the basis of merit. When we established the Department of Homeland Security, we were told time and time again, Don't worry. We're not going to earmark any funding in this legislation, or this bill will not be earmarked. We were told that for a couple of years. Now guess what--it was earmarked a couple of years ago. Now more, now more, now even more. Now there are well over 100 earmarks in the bill.
Of course the State of California is no stranger to floods. In fact, according to FEMA, since the year 2000, parts of California have been declared a major disaster due to flooding five times. But there are many other areas of the country that also suffer from flooding. Louisiana, we all know, is a State that often gets pounded with hurricanes and has also had five major disaster declarations due to flooding in the past 10 years alone. Yet Louisiana doesn't receive a single earmark in this year's Pre-Disaster Mitigation fund. How can this be? The answer is easy. When you abide by a process that rewards some Members over others, you wind up with a spoils system. And I would submit that's what we have with the Pre-Disaster Mitigation fund is a classic spoils system. Unless we can determine that mother nature somehow finds those districts represented by appropriators and sends more floods, more earthquakes, more natural disasters somehow to those districts or to the districts of powerful people on powerful committees, then we have a spoils system. That is an example here.
When we look at this year's Pre-Disaster Mitigation earmarks, we see of the $150 million appropriated for the grant program, altogether in this year's bill, more than $24 million is earmarked. There are a total of 58 pre-disaster earmarks. Nearly 30 percent of them go to members of the Appropriations Committee. When you consider the dollar value of these 58 earmarks, the picture becomes even bleaker. Nearly 40 percent of the funds earmarked for Pre-Disaster Mitigation are going to districts represented by members on the Appropriations Committee.
Again, unless Mother Nature knows which districts are represented by appropriators, we've got a problem here. Appropriators make up just 13 percent of this legislative body. So 13 percent of the House will take home 40 percent of Pre-Disaster Mitigation spoils. Homeland Security earmarks, as a whole, favor Members who serve in a position of power, either as an appropriator, in leadership, as a chairman or a ranking minority member of the committee. If that's not a spoils system, I don't know what is. We ought to let this Pre-Disaster Mitigation program work as it should.
A while ago the Department of Homeland Security asked if this account could be distributed with a risk-based formula, but the committee said no. They wanted to keep the same competitive grant formula, a competitive grant formula that really isn't competitive at all because a quarter of it is already earmarked; and within a few years, it will probably all be earmarked. And guess what--it will largely go to the districts represented by appropriators or those in powerful committee positions.
I urge the adoption of the amendment.
I reserve the balance of my time.
Madam Chair, let me just say again here's a chart. This is FEMA predisaster earmarks secured by appropriators, leadership, committee Chairs, and ranking members. If we look here at fiscal year 2009 and 2010, again 49 and 51 percent respectively, the money is going to powerful appropriators or committee Chairs or ranking minority members that represent just 25 percent of the body.
Again, I will yield anybody time who can stand and say with a straight face that Mother Nature targets districts represented by appropriators or committee Chairs or ranking minority members. I don't think that's the way it is.
I have great respect for the gentlewoman from California. We have worked together on a number of issues. And this is not just an issue that anybody has with this particular earmark, but it is with many in this piece of legislation. We need to ensure that FEMA looks and does this on a risk-based way where they look at risk and award accordingly. When Members of Congress do an earmark, it simply becomes a spoils system; and, unfortunately, I think that's what we are seeing here.
So I would urge support for the amendment.
Madam Chair, I yield back the balance of my time.
Madam Chairman, I demand a recorded vote.
Madam Chairman, I have an amendment at the desk.
Madam Chair, this amendment would remove an earmark of $1 million for the Harris County Flood Control District and would return money to FEMA's Predisaster Mitigation Fund. This is a similar amendment to the one that I just offered. These are earmarks to the Predisaster Mitigation Fund, as I mentioned before.
It used to be that when organizations at the local level wanted to apply for this funding, they submitted a proposal to FEMA. FEMA has a 70-page guidance document for people applying for these grants. Unfortunately, when people apply now, 25 percent of the money that was in this grant program is gone because it's earmarked. It's been taken away, taken off the top. Where it really wasn't before. And as I mentioned before, when you have one-quarter of this funding taken, we find that 40 percent of the value goes to just 25 percent of the Members or actually 40 percent of the value goes to just 13 percent of the Members in this body, those districts represented by appropriators.
And, again, I will gladly yield time to anybody who can stand and say that Mother Nature targets districts by appropriators or other powerful Members more than Mother Nature does other districts. It simply doesn't happen.
But, again, FEMA has asked if they could establish a more risk-based program where they could evaluate risk and allocate funding accordingly. That's how it should be done. But we in Congress have said no, because why? We like the system how it is because it's easy to earmark and it makes it more likely that Members, particularly of the Appropriations Committee, can get earmarks for their district. And that's what we have here.
In this particular case, this flood control district, before we started earmarking this account, applied for a grant under the Predisaster Mitigation Program and got a grant. So competitively they established that they had need for it. That's how it should be. But then the next year I don't know if it was going to get the grant or just didn't want to apply, but money was earmarked and then the next year earmarked again. Now this year there's another earmark for that same flood control district.
I think it's time to let FEMA decide under a risk-based formula where this funding should go. We all know the process here. It's why we have a commission to close military bases because we simply can't discipline ourselves as Members to say that base in my district may need to be closed, and then we move to protect other people's bases if they'll protect ours. The process of logrolling takes effect. That's why it's best to establish criteria and let the agency do the work. If we don't like how they do it, we exercise oversight and force them to change the program and to do it equitably. But to do it this way just means that a spoils system occurs, and that's what we have here.
Madam Chair, I reserve the balance of my time.
May I ask the time remaining.
I will be glad to yield to the gentleman 30 more seconds if you want to go on. You are making my case.
Announcement by the Chair
The East Valley.
Reclaiming my time.
I'm a slow learner.
Let me remind the gentleman that this district, Harris County, received $1 million when they applied for the funding before the earmarks started, 2 years ago, last year, I'm sorry, 3 years ago--2 years ago got a $1 million earmark, last year got another $1 million earmark, this year asking for a third $1 million earmark. And we just had another member of the Texas delegation stand just moments ago and offer an amendment to move money to the predisaster mitigation account because he couldn't get the funding for his district in Texas because 25 percent of the funding, by the time people in his district even applied for the funding, is gone. It is earmarked, cut off the top.
And I already explained the spoils system that is here, and still nobody has taken me up on my offer. I will yield time to anybody who can tell me that Mother Nature targets districts represented by appropriators.
It simply doesn't happen.
No thanks. I know better. But I believe my time is out.
I urge adoption of the amendment. We simply have to be more fiscally responsible. And we have to have a system at FEMA that is based on risk and merit rather than spoils. This is a system based on spoils right now. That is why the adoption of the amendment should be done.
I yield back the balance of my time.
Madam Chair, I demand a recorded vote.
I have an amendment at the desk.
Madam Chair, this amendment would remove $10 million in funding for the National Institute for Homeland Security based in Somerset, Kentucky, and reduce the overall cost of the bill by a commensurate amount.
This is not the first time I have brought this earmark to the floor. This earmark is always noticeable if for nothing else the cost. Compared to most earmarks in the bill, this is one of the largest earmarks we have in the Homeland Security bill year after year. This year the earmark alone would cost taxpayers $10 million, and if approved, this would actually be the lowest dollar amount the institute has received since its creation in 2004. According to the Web site, the National Institute for Homeland Security is an
independent, nonprofit corporation designed to allow universities in Kentucky to ``more effectively compete for research funds and projects aimed at improving homeland security.''
It goes on to say that the institute's end goal is to match up local universities with projects, then commercialize the resulting product.
Madam Chairman, we all know that Congress has a problem with spending overall. We have a $7.87 billion stimulus package. We had a massive omnibus appropriations bill, we have had numerous bailouts of private companies. Now we are facing nearly $2 trillion in deficits just this year. When I came to this body just 8 years ago, our total budget was around $2 trillion. Now we will have a deficit by the same amount. Yet here we are; we are funding a nonprofit organization, which again, according to its own Web site, apparently would not exist without the assistance of Congress. And it seems that the purpose of this center is to attract other earmarks. It is an institute that seems to beget other earmarks.
I simply don't think that we can continue to do this. Since it was created, the institute has received $74 million in taxpayer funding: $12 million in 2005; $20 million in both 2006 and 2007; $11 million in both 2008 and 2009. When will this end? When will we say enough is enough? We have funded this institute enough, and it will have to compete on its own for other grants.
I reserve the balance of my time.
May I inquire of the time remaining?
Let me just say first there have been a few statements first that imply that the Department of Homeland Security or FEMA in the case of the last two amendments somehow endorsed these amendments or endorsed these projects. According to OMB, the administration responses about earmark requests ``should not be construed as an evaluation or recommendation of specific earmark requests based on merit or value.'' So we can say that, hey, the agency wants this. But the official position of the administration is, We are taking no position. And of course, they really can't because these earmark dollars are sometimes taken from the account that they would otherwise use to give grants based on merit or based on risk.
Again, this chart is even starker when we look at the overall bill that we are considering today. Homeland security earmark dollars secured by appropriators, leadership, committee chairs, and ranking members. FY 09, 45 percent--45 percent--of the total in earmark dollars in the bill went to this group. This group represents just 25 percent of the body.
I yield to the gentleman.
I thank the gentleman. I think we all know that the alignment of appropriators and Members in powerful positions does not align with the gulf coast or any other geographic position.
Getting back to the chart, 45 percent last year went to those in powerful positions; 45 percent to 25 percent. This year it is even starker: 71 percent of all earmark dollars in this bill are going to 25 percent of this body. That is a spoil system. I don't know how else you can claim otherwise, unless as I said, and I will yield simply for the purpose if somebody can stand up and say that Mother Nature targets this group more than others, then this is a spoil system. When we have here an earmark that has been over and over and over awarded, $74 million in taxpayer funding, $12 million in 2005, $20 million in both 2006 and 2007.
I will yield to the gentleman only if he will answer the question yes or no: Does Mother Nature target districts represented by appropriators?
Madam Chairman, I demand a recorded vote.
I have an amendment at the desk, amendment No. 1.
Madam Chairman, I hesitate to challenge this earmark. It was secured by my colleague from Arizona, Mr. Pastor, for whom I have great admiration and we have a great friendship, but this amendment would remove $800,000 for the portable solar charging rechargeable battery system, and it would lower the bill by a commensurate amount.
According to the earmark table itself, the recipient of this earmark is Global Solar, who, according to the Web site, is a ``privately held company that was incorporated in 1996 that has evolved into a major producer of solar cells.''
The certification letter filed by the earmark's sponsor says the money will be used ``for the acquisition of man-packable, solar- charging, rechargeable battery systems for use by the U.S. Border Patrol.''
My concern is not with the technology nor with the needs of the Border Patrol, nor with this company in particular. My concern lies with why a specific for-profit entity was designated to receive this earmark funding.
The President recently referred to earmarks for for-profit entities as the ``single most corrupting element of this practice.''
The PMA scandal that has plagued the House of Representatives for months has largely centered on campaign contributions and earmarks for for-profit entities. We simply cannot move ahead as if nothing is happening outside of this body, or even within this body. We have our own Ethics Committee, and the Justice Department is investigating the relationship between campaign contributions and earmarks, and that is largely the case when you have earmarks that go to for-profit companies, earmarks that are little more than sole-source contracts or no-bid contracts.
This is the only one gratefully in this legislation that I have been able to find, an earmark that goes to a for-profit entity, and I would submit, Madam Chair, that we simply shouldn't be earmarking funds for private companies in this legislation.
I urge adoption of the amendment.
I reserve the balance of my time.
Madam Chair, we have that language saying that this earmark would be awarded under full and open competition. But if you meet with the Department of Defense, as I have, and you ask them, Currently, do you compete out? Do you subject to competition the earmarks that you see? They will say, Yes; yes, unless we don't, basically.
So I asked them--if we look at the 2008 Defense bill, for example, I asked the Department of Defense to actually look and do a random sampling of the earmarks that came that they say are subject to competition to see how many of them actually went to the earmark recipient listed. With uncanny precision, the answer came back all of them that they sampled did go to the earmark recipient listed. If these are to be competed out, why do we have to mention the company at all?
I don't know if it is in order to ask for a unanimous consent to simply remove the name of the company. If these are going to be competed out anyway and if there are at least three companies that have this technology, would it not be in order to say----
Yes, I would yield.
Would it be in order to modify the amendment under a unanimous consent?
I would ask unanimous consent to modify the amendment to strike the name of the company listed in order that this may be subject to full and open competition.
I understand.
As I mentioned before, I have the utmost respect for my colleague from Arizona. He is a straight shooter, and I know that if it were up to him, he would do this. And I think that some things go on their own without sometimes us realizing what we are doing.
But in this case, the language stands that this earmark is to go to a specific company despite other language that may be in the legislation to say this is to be competed out. We know, based on experience, that the Department of Defense or the Department of Homeland Security, in this case, the agency, looks to see what the committee wanted and they will award it based on that, and so it really isn't full and open competition. We shouldn't be listing the company here.
So I would have to urge adoption of the amendment to strike this earmark unless we can remove the company listed.
Yes.
Madam Chairman, I demand a recorded vote.
Madam Speaker, I have an amendment at the desk as designee of Mr. Campbell.
I feel obligated, since I ran out of time, to explain why simply because the language isn't in the bill itself or the name of the company that that still means that the earmark will likely go to the company listed.
In the past few years, the previous President said that he would instruct the agencies not to fund any earmarks that weren't in the bill text. And so as a way to get around it and make sure that those earmarks were funded, the Appropriations Committee actually inserted language saying that language in the report would carry the force of law. And so that's what we've been operating under for the past couple of years to make sure that those earmarks that are simply in a table or in a report still get funded.
In this case, we have language that will be in the table, the table that accompanies the bill in the report. The table in the report lists the company, Global Solar, that is to receive the earmark. And there is a certification that the Member filed saying this earmark is to go to this company at this address. And so, notwithstanding the fact that the language isn't in the bill itself, we still have an issue where the earmark will likely go to the intended recipient.
This amendment would remove $1 million for funding for the National Institute for Communications Interoperability, a nonprofit organization and a subsidiary of SEARCH, the National Consortium for Justice Information and Statistics. In recent testimony before the House Appropriations Committee, the executive director of SEARCH described the organization as a ``State criminal justice support program with a mission to promote the effective use of information and identification technology by criminal justice agencies nationwide.''
This entity just received a $500,000 earmark in the omnibus bill that Congress approved just a few short months ago. According to the sponsor's office, this particular earmark would support the launch of a nationwide institute to train emergency responders to better command and control emergency resources. The proposed pilot project would provide training, certification and outreach programs to State, regional and local coordinators in the first responder community.
Now, this sounds strikingly familiar to a program within the Department of Homeland Security, one that they already administer. The Department of Homeland Security SAFECOM program has developed the Statewide Communications Interoperability Planning Methodology, a comprehensive 10-phase process created to assist States in the creation of their statewide emergency communication plan.
Now, why should Federal funds be earmarked for a private organization that seems to duplicate an effort already undertaken by the agency for which we are appropriating now? If the Department of Homeland Security requires services that only SEARCH could provide, the administration could request funds for it.
So, Madam Chairman, I don't think that we need to earmark funds here. There is a program within the Department of Homeland Security already that does what this private organization--which has just received an earmark in a bill we did a few months ago--is seeking to do.
With that, I reserve the balance of my time.
May I inquire as to the time remaining.
I would urge adoption of the amendment. As I mentioned, when you look at the bill itself, you see again the spoils system that's occurring here: 71 percent of the dollar value of earmarks in this legislation go to just 25 percent of this body; 71 percent goes to 25 percent. That's not an equal distribution.
As we know, Mother Nature does not target those districts represented by appropriators or powerful Members, yet we have a system that awards earmarks based on those criteria.
Yes.
That's right. And I'm also aware that the Department of Homeland Security has a similar program that does similar things, yet we are earmarking over and above on top of that.
I simply think that if we don't like the way the Department of Homeland Security is allocating resources, we need to change that or we need to give them guidance; we need to oversee what they do. For example, in my district a couple of years ago, the Department of Homeland Security spent money to synchronize street lights in a small town in my district. That wasn't an appropriate use of funds. But instead of spending time rooting out that kind of waste, we're saying we don't like the way you did that, so we're going to do some of our own. And so it is a duplicative program. And in the end, we end up spending more money and more money; and that's why the budget increases for this agency every year.
We simply cannot continue to do this when we have a $2 trillion budget deficit this year alone. At some point we've got to say we've got to save taxpayer money, spend it wisely, and do it in a way that actually addresses risk, not seniority.
Madam Chairman, I demand a recorded vote.