Mr. President, it has been our hope that we could get the cooperation of the Senate in funding what are essential needs of the Department of Homeland Security for the balance of this fiscal year. In trying to determine what those amounts…
Mr. President, it has been our hope that we could get the cooperation of the Senate in funding what are essential needs of the Department of Homeland Security for the balance of this fiscal year. In trying to determine what those amounts are for all of these new activities, the 22 agencies that have been folded into this new Department under the jurisdiction of Secretary Tom Ridge, we had hearings. We have questioned agency officials to determine how we could help support the administration's effort to improve the security of our homeland, to fund the activities of those agencies that are involved in the war effort in Iraq, such as the Coast Guard, to be sure that they could meet their responsibilities.
We did this in a very careful and deliberate way, knowing full well that because of the concerns and the fears that exist throughout the country about terrorism attacks and because of the increase in the threat levels that from time to time are announced, there is no way we could assuage the concerns of everybody with just money. But money helps. If a State or locality believes it is not able to afford what it thinks it needs to do right now to protect its citizens, there is pressure that builds on elected Members of this body. All of us feel this pressure right now to be sure that we do the best job we possibly can to put money in the hands of those agencies and those government officials that can make a difference in terms of our national security needs.
We didn't just think up these numbers and throw them in the bill. They are based upon estimates we have received from each agency, the President's request that was submitted to the Congress, and the testimony from the recent hearing when Secretary Ridge appeared before our committee and we had an opportunity to talk with him about these needs.
One reason there is some concern is that the Secretary asked for flexibility. There were some members of the committee who questioned him pretty sharply about why he needed flexibility, that it is the role of the Congress to make sure we appropriate money for specific purposes and not just write a blank check.
Well, we didn't write a blank check. We have written not only the provisions of the bill with specificity about how the funds we are appropriating are to be used, but we also have accompanied the bill with a written report that spells out, in the case of the counterterrorism fund, what our understanding of the needs are and the estimates that we received from the agencies. So in spite of the suggestions we have heard by the proponents of this amendment, we do have some specificity.
We have, for example, put in the committee report, with respect to the Department of Homeland Security's 30-day surge associated with immediate or emerging terrorism-related prevention and response activities, the following: Bureau of Immigration and Customs enforcement, $55 million. Federal Protective Service overtimes operations and maintenance for the air program and other related costs are included in that. For the Bureau of Citizenship and Immigration Services, $1 million. The Bureau of Customs and Border Protection, we have $65 million. That includes overtime, operation costs of assets, impact on user fee collections and other logistics costs, and on and on. Transportation Security Administration, $120 million, overtime for passenger screeners, operation costs of assets, contract hiring, service training, and State and local expenses. We enumerate several other activities with specificity in that connection.
One thing the Senate needs to know, the Breaux amendment deletes the entire provision, the funding for the entire provision of the counterterrorism fund. I will read it. This is what it says; it is very clear: ``Notwithstanding any other provision of this Act, funding under the heading Department of Homeland Security, Departmental Management, Counterterrorism Fund, shall be zero,'' knocking out $1.132 billion. Then $500 million is zeroed out of the Department of Justice, General Administration, Counterterrorism Fund.
Think about what you are being asked to do. This amendment is suggesting that you disregard the efforts by the committee in the writing of a meticulously drafted committee report that specifies our understanding of where these funds are going to be spent, and you trade that for this amendment that is offered, as we are in the closing hours of consideration of this supplemental bill and assume that these recommendations are going to be superior to the ones the committee has proposed to the Senate.
I am suggesting this is not a good way to legislate. The Senate ought to reject this amendment. These are efforts and activities of our Government that are too important for the Senate to be asked to substitute the judgment of a new list of activities with new numbers beside them that are not related to estimates from the agency, are not related to any testimony we have received in any of our hearings, but yet amount to a rewrite of this entire section of the supplemental appropriations bill.
There is some money in here for States and localities. We hope the Senate understands that we have written in here some requirements that get the money out faster to States and localities. It requires that 80 percent of the funding go directly to localities in some of the grant programs administered by the Department of Homeland Security.
We have made a concerted effort to ensure that the taxpayers will get their money's worth out of the funds appropriated in this bill. For example, although this amendment adds money for the Coast Guard, we set up a separate section for funding of Coast Guard activities. We put in $580 million directly to the Coast Guard. I have to admit, that was not requested by the administration, but we wanted to be sure their activities, particularly with regard to Operation Iraqi Freedom, were fully funded.
The Coast Guard has been mobilized, in effect, as a part of our war against terror in the Persian Gulf area, so-called Operation Iraqi Freedom. But they also have responsibilities here for homeland activities. The bill reported by the Committee on Appropriations gives the Secretary discretion to use fiscal year 2003 funds from the counterterrorism account to allocate funding to the Coast Guard for additional operation expenses. That includes Operation Liberty Shield. The bill fully funds the administration's request in support of the Coast Guard and general terrorism prevention, preparedness, and response capability.
There is absolutely no basis for the $200 million estimate in the amendment offered by the Senator from Louisiana. It is just added on. If there is evidence, if there is a request, if there is documentation, then we need to see it. We ought not be asked to support add-ons to this bill to make it sound as if we are underfunding the legitimate needs of these agencies in the protection of the security of our country.
I suggest the Senate should look very carefully at this amendment.
I will cite one other area. This amendment puts in $131 million for increased border and maritime protection operations. What this amendment does is double the amount that the administration says they need, just doubles it: If what we suggest is good, then twice as much ought to be twice as good.
That is not good reasoning and the Senate ought to reject the amendment.
Mr. President, contrary to the suggestion of my friend from Louisiana, the committee is requiring the administration to respond and spend the money as provided in this bill. I am reading:
Prior to the obligation of any funds, the Secretary of
Homeland Security is required to submit a notice to the
Committee on Appropriations. The committee expects this
notice to be accompanied by a full and complete justification
of the costs to be reimbursed by agency accounts, including a
detailed breakdown by program, project and activity.
We are going to maintain oversight. Who is not going to get money if this amendment is adopted? The U.S. Secret Service, law enforcement training requirements, emergency preparedness and response, and other important activities are going to be zeroed out of this bill.
Mr. President, I move to table the amendment and ask for the yeas and nays.
That is correct. I ask unanimous consent that the Breaux amendment be temporarily set aside and a vote occur on or in relation to the amendment at 4:45 p.m.
Yes, a motion to table was made. I now ask for the yeas and nays.
Mr. President, the Senator from Missouri has an amendment, and there will be a short discussion of it, and it may not require a vote.
I have no objection to that request, Mr. President.
Mr. President, I don't have first-hand knowledge of the agreement with respect to the Senator's amendment. I assume this is the Merchant Marine amendment.
I have no objection to her proceeding until we vote at 4:45.
The yeas and nays have been ordered, I think, Mr. President.
I move to reconsider the vote.
Mr. President, I yield myself such time as I may consume under the order.
Mr. President, this amendment is a modified version of the amendment the Senate just acted on a little while ago offered by the Senator from Louisiana, Mr. Breaux. That amendment was tabled by the Senate. This amendment would strike the appropriations provided in the committee bill of $1.135 billion for the Department of Homeland Security Counterterrorism Fund and replace it with specific supplemental appropriations for various Department of Homeland Security accounts. It includes a number of specific earmarks and proposals that have been included in other amendments that have been offered to this bill but have been either tabled or defeated.
These additional amounts have no direct relationship to additional costs borne by the agencies as a result of heightened security related to the Iraqi war as part of Operation Liberty Shield.
For example, this amendment proposes to add an additional $160 million for the Customs and Border Protection account. Of this amount, $35 million is proposed for the Container Security Initiative. That is nearly three times the fiscal year 2003 regular appropriations level of $12 million; and $125 million for radiation portal monitors and other equipment, over two times the regular fiscal year 2003 appropriation level of $45.7 million.
It does not seem to me to make good sense to add these amounts of money at this time to a supplemental of immediate need to pay costs related to the war and Operation Liberty Shield.
We are 8 months into this fiscal year. The amendment proposes an additional $452 million in supplemental appropriations for the Transportation Security Administration. It includes $100 million for port security grants when the fiscal year 2002 funds have not been completely awarded. Ninety million dollars in 2002 funds have been rewarded, and $105 million in applications are being currently examined, and there is another $150 million in 2003 appropriations.
It also includes the $55 million proposed by the amendment offered by the Senator from California, Mrs. Boxer, which the Senate already tabled earlier today. This amendment being presented to the Senate now is a proposal that we have already rejected.
The amendment proposes $5 million for the Federal Law Enforcement Training Center. This is more than double any supplemental funding requirements identified to us by the agency. We have asked the center what they need to meet their responsibilities. We tried to find out what the requirements are and to make this bill coincide with those requirements. We are not talking about a full fiscal year, we are talking about the balance of this fiscal year, this supplemental appropriations.
This amendment proposes an additional $300 million on top of the $2 billion recommended separately in the bill for the Office for Domestic Preparedness. Listen to this: For the Coast Guard, it adds an additional $73 million. This is on top of $580 million provided separately in this bill for the Coast Guard costs related to Operation Iraqi Freedom and Operation Liberty Shield. Of that amount, $42 million is for port security assessments, when the highest estimate we know of to complete this is $37.8 million. Another $7 million is for the purchase of radiation detection equipment which is currently under study. Specifically, the Coast Guard is studying what the cost to purchase this equipment will be. So it is difficult to determine the funding required until that study is complete.
Further, the amendment proposes $40 million in supplemental funds to implement the Automated Identification System and other tracking systems when only $4 million is proposed for fiscal year 2004.
Think about that: This supplemental amendment proposes $40 million in supplemental funds for something when only $4 million is proposed for fiscal year 2004.
Finally, it proposes $105 million for the Counterterrorism Fund and specifies the transfer of these funds to other Federal agencies rather than proposing to appropriate these funds directly to those agencies-- $20 million to the District of Columbia, $10 million to the National Park Service.
My position is the same on this amendment as it was on the Breaux amendment which the Senate tabled. We have carefully examined the proposal from the administration for supplemental funding. The request was submitted to our committee. We had hearings. We had opportunities to talk with the agencies that are going to be spending these funds. We have made a concerted effort to find out what the needs are and to respond to those needs in this supplemental appropriations bill.
We might be wrong, but we are certainly not coming in and disregarding the needs of the agencies and throwing money out here and pretending that is going to solve all the problems at a time when we are concerned about the deficit, people are worried about our economy, we are trying to be sure we do not make decisions that make it harder to create new jobs and return good health to the economy.
We are under a lot of pressure from the added costs for the war in Iraq. We know that. We are under a lot of pressure for the added costs to defend our cities and localities against terrorist attacks. It is a big challenge to do what is right and to make the best judgments on these subjects. But I can assure the Senate that a concerted effort and a very thoughtful effort has gone into the development of the funding levels in the bill before the Senate. I am prepared to defend it and to not apologize for the amounts we put in here because it reflects a good-faith effort to do what is right.
I urge the Senate to reject the amendment.
Mr. President, it is with some trepidation that I oppose the amendment of the Senator from West Virginia because I have enjoyed working with him on this committee and in the Senate for a long time.
There may very well be provisions in this amendment he offers that should be seriously considered for inclusion in the fiscal year 2004 appropriations bill.
Right now, we are having hearings in the various subcommittees of Appropriations looking at the budget requests for 2004. Every committee is involved in that process, every subcommittee is involved in that process. But this is an appropriations bill that is targeted to the needs that are arising from Operation Iraqi Freedom and Operation Liberty Shield, the functions of the Department of Defense and the Department of Homeland Security.
It is a very narrow and limited area that we are concentrating our attention on right now. Some of these programs are hard to estimate in terms of what is really needed for the remainder of this fiscal year in addition to the funds that have already been appropriated in the regular appropriations bills for the Department of Defense and Department of Homeland Security.
But the President submitted this request, asked for the funds to finish out this fiscal year. We know we can add funds and probably use them later on, but this is not the last bill we will consider during this calendar year, that funds these Departments and these activities. We have the 2004 bill coming up after the supplemental appropriation. I ask Senators to take that into account. If we have underfunded anything as a result of mistakes made, we can make up those shortfalls in the year 2004, but right now this is what the administration says they need.
I am not the Secretary of the Department of Homeland Security. I have not devoted all of my personal attention to that job as has Secretary Ridge. The President and his other staff members and the executive branch have. We have to respect their right to participate in this process. Just because we think we can improve upon what they have suggested by adding funds to these accounts--even funds that have been considered and rejected today by the Senate--let's vote on it again.
This amendment contains a lot of things that have already been considered today and rejected by this Senate. So think about that, as well.
I don't think I need to take up any more time. I am prepared to yield back my time. I do yield back the time on this side. When the Senator has used all his time, it would be my intention to move to table the amendment.
Mr. President, I move to table the amendment. I ask for the yeas and nays.
I understand there are discussions with the acting leader on the other side. Senator Hollings has a sense-of-the-Senate amendment dealing with taxes that we could take up now and have a debate on it and have a vote in relation to that amendment that would follow immediately after the vote on the Byrd amendment. I will be happy to yield to the Senator.
That is satisfactory with this side.
Mr. President, the distinguished Senator from South Carolina is one of my best friends. It is always a pleasure to hear him address the Senate on a subject about which he feels strongly and where he is truly an expert. He served as one of the first members of the Budget Committee and helped shape budget policies in Congress for many years.
I remember that it seems like last week we were debating the budget resolution that contained provisions relating to assumptions about tax policy
and fiscal policy for the next fiscal year. The Senate had an opportunity to consider and vote on a lot of amendments and provisions in that budget resolution having to do with tax policy.
Of course, we all know that what we are confronted with is a request from the President for funding for supplemental funds for the balance of this fiscal year to help finance the war in Iraq and to help finance Operation Liberty Shield by providing funds to the Department of Homeland Security and the Department of Defense.
While this sense-of-the-Senate resolution offered by the Senator from South Carolina does raise a subject about which we have thought and discussed a good bit in recent weeks, we hope the Senate will approve a motion to table the amendment and continue to work our way through this bill so we can complete action on the appropriations measure tonight if at all possible. We can go to conference with the House and work out differences between their bill and ours and get these funds in the hands of the administration so we can get about the business of protecting the security of our homeland and waging a winning war against terror. That is the purpose of this legislation. We hope the Senate does not get too sidetracked on what our mission is tonight.
I hope Senators will be aware. We called over to the Finance Committee, which has jurisdiction over tax policy, to let them know about the amendment and that we had an opportunity for them, if they wanted to, to come over and speak on the subject. Not having had a request for time, I am prepared to yield time back and proceed to a vote on the Byrd amendment or in relation to the Byrd amendment and then the Hollings amendment.
Mr. President, if there is no problem with that, I yield back the time on this side. I move to table the Hollings amendment and ask for the yeas and nays.
There is no objection on this side.
My understanding is Senator Stevens wanted an opportunity to talk about that.
I ask for the yeas and nays if they have not been ordered.