Department of Homeland Security Appropriations Act, 2010

Floor Speech

Date: July 8, 2009
Location: Washington, DC


DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010 -- (Senate - July 08, 2009)

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Mrs. MURRAY. Mr. President, I rise in opposition to the amendment to eliminate congressionally directed allocations of emergency operations center construction funding. The committee bill before the Senate today contains emergency operations center funding of about $20 million. This emergency operations center construction program is an authorized activity under the Stafford Act. The 9/11 Act which was approved by the Senate on a vote of 85 to 8 in July of 2007 reaffirmed this program by approving an amendment to the Stafford Act to adjust the Federal cost share for these projects from 50 percent to 75 percent.

Emergency operations centers are critical to the effective coordination of emergency response, which we all know is necessary to save lives. The State of Texas, for example, has used these Federal funds to improve communications equipment and warning systems for its emergency operations center. The Texas EOC was used effectively in Presidentially declared disasters such as Hurricanes Katrina, Rita, Dean, and others; major flooding in El Paso and Wichita Falls; wildfires in 2006, 2008, and 2009; a tornado in Eagle Pass; and, of course, the recent H1N1 influenza outbreak. The EOC in each one of those cases was the critical node for communication between the layers of government.

The OMB assertion that the EOC program duplicates other programs is really without merit. While EOC construction is an allowable activity under several grant programs, State and local governments have not chosen to use that discretion for this purpose.

Since 2004, only $16.6 million out of the $11.5 billion of other DHS grant funds has been used by State and local governments for EOC construction, only one-tenth of 1 percent. The Emergency Management Performance Grants Program has provided a mere $755,000 to EOC construction. It is clear that the demands for the funds in these programs is great. In order to effectively administer emergency management programs and to equip and train first responders, there is not sufficient funding for EOC construction. In this committee bill, over half of the total amount made available for emergency operations center construction is available for competitive award.

I have listened to the Senator make some very persuasive arguments. I remind all of us that what we are providing is accountability and visibility for where those dollars are going.

It is not being done in some bureaucracy where we cannot see it. It is laid out in this bill, and we have heard the arguments of many Senators here on why those funds are being appropriated to where they are. So I urge opposition to the amendment.

Mr. President, I yield the floor.

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Mrs. MURRAY. Mr. President, we have had a vigorous debate on the amendment, and I appreciate the passion of the Senator from Wisconsin on this issue. But I again remind my colleagues, what we have had is a very passioned debate, and we have had a thoughtful debate about where these funds are going to go, which, to me, means the Senate is thinking about where their Federal dollars they have out there are going to go and it brings visibility and light. We all have an opportunity now to have a vote on that.

I again urge a ``no'' vote on this amendment.

Mr. President, I believe the time of the Senator from Wisconsin is used up at this point.

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AMENDMENT NO. 1406 TO AMENDMENT NO. 1373

Mr. McCAIN. Mr. President, I have an amendment at the desk. I see it as 1404, which is to strike the Loran-C Program. It is at the desk. It could be 1406.

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Mrs. MURRAY. Mr. President, I thank the Senator from Arizona for offering this amendment. Indeed, Loran-C was established after World War II as a navigational tool for our mariners and aviators. The President has proposed to terminate Loran-C stations on October 1, 2009, with the justification that the federally supported civilian global positioning system is now the primary navigational tool and the Loran-C is no longer needed by the Armed Forces or by the transportation sector or by the Nation's security interests. The Office of Management and Budget has also told us that many agencies, including the Department of Homeland Security, the Department of Transportation, and the Department of Defense, do, as the Senator stated, already have backup systems for GPS.

I want to set the record straight about what this committee mark does have in it that is before us. It does provide for the orderly termination of Loran-C beginning January 4, 2010. So the underlying bill does terminate the Loran-C program, and it does so in a way that allows the Coast Guard the time to inform the public and provide for the orderly termination of that program. The committee bill continues operations of Loran-C until January 4, 2010. Then the program is terminated.

Contrary to the sponsor's statement yesterday, there is not $35 million in this bill for Loran-C. This bill does have $18 million. The President in his request did include no funding to pay for the cost to terminate these stations. According to the Coast Guard, which has provided us information, they do need this funding to remove the high-value equipment and electronics hazardous material. They need it to remediate the environmental concerns and to fund a variety of measures to secure the sites until they are fully decommissioned. This money is not to continue the operation of Loran-C. It is to terminate it in a way that is proper and makes sure that while we remove these stations, we are doing it in a responsible way.

What we do in the committee mark is to make sure that the Coast Guard doesn't have to take away money from critical missions--search and rescue or drug interdiction or marine safety or environmental compliance--to terminate this program. We did include funding so that the Loran-C stations could be shut down responsibly.

The administration has sent us a statement of administration policy. I ask unanimous consent that it be printed in the Record.

There being no objection, the material was ordered to be printed in the RECORD, as follows:

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Mrs. MURRAY. It says:

The Administration appreciates the committee's support for termination of the Loran-C radio navigation system. The administration supports the committee's aim to achieve an orderly termination through a phased decommissioning, beginning in January 2010, and the requirement that certifications be provided to document that the Loran-C termination will not impair maritime safety or the development of possible GPS back-up capabilities or needs.

So the administration has said that the committee is complying with what they have asked us to do which is to terminate the Loran-C program.

The aim of the amendment is unclear to me. What it actually does is strip the Coast Guard of the authority we have provided in the underlying bill to terminate a program that will indeed save taxpayers $36 million a year.

The way the amendment is written, I oppose it because it will take away what the committee has written in here to terminate the Loran-C program, as the President has requested, in a responsible way, to do it in a way that we deal with the mitigation that needs to be done when we remove equipment such as this. The amendment that has been offered will actually strip the Coast Guard of the authority to do just that.

The committee bill does what the Senator is asking us to do. It does it in a timely and responsible way and does terminate the Loran-C program.

I urge colleagues to support the committee amendment that does it in a responsible way.

I yield the floor.

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Mrs. MURRAY. Mr. President, the Senator and I are on the same page. We want to terminate this program. But we have a responsibility, as oversight, to make sure that we do it in a way that mitigates any problems that are out there.

We have high-value equipment. We have electronic hazardous materials that are out there. The Coast Guard--whoever is responsible--has to remediate the environmental concerns. They need to secure these sites where the Loran-Cs are. That is what this funding is for, to make sure it is done responsibly.

If we do not provide the funds in this amendment, the Coast Guard will be required to take the money to do that out of other very important missions that many of us care about, whether it is search and rescue or drug interdiction or marine safety or threats of terrorism. We do not want the Coast Guard to have to take away that money to do that.

I want to specifically say again, the amendment before us, the way it is written, strikes the language that the President requested to provide for the orderly termination by providing authority to sell the Loran-C assets. If this amendment is adopted, they will not be able to sell the Loran-C assets and thereby save taxpayer dollars.

I understand where the Senator is coming from. I know his past concerns about this program. We are going to shut it down. That is what this amendment does. The commandant, who is, in our language, being asked to certify, goes at the behest of the President. As the Senator from Arizona well knows, the President has said he wants the program shut down, and that is what this committee is trying to do, in a responsible way, to save taxpayer dollars in the long run and specifically to be able to sell the Loran-C assets so the taxpayers can regain their money at the end of the day.

I yield the floor.

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Mrs. MURRAY. Mr. President, we have made great progress over the last day on the Homeland Security Appropriations bill. This is a very important bill that provides for the security of this country.

We have made good progress with a number of amendments that we have worked our way through today. We intend to finish this bill tomorrow. We ask Senators from either side of the aisle to notify either myself or the Senator from Ohio, who is managing for the Republicans on this bill, to let us know this evening if they have any amendments they want to be considered; otherwise they may find themselves not able to offer their amendment.

So we ask all Members to please let us know, the managers of this bill, this evening if there are any amendments you will require a vote on tomorrow. We do intend to finish this bill tomorrow.

I also notify Members that the majority leader intends to file cloture on this bill tonight. If we cannot work our way through it tomorrow, we will be here Friday voting on cloture. So I again ask Members to work with us to finish this bill in a very timely manner.

We have got a lot of work done. We expect that we can finish it tomorrow in a timely fashion if we get the cooperation of all Members. I urge Members to get their amendments in to either myself or the Republican manager of this bill by this evening so we can move forward tomorrow.

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Mrs. MURRAY. Mr. President, I assure the Senator that we do intend to vote on this amendment tomorrow morning. There will be time prior to the vote. We will work out an agreement with the Senator on how much time.

The Senator from Montana is on his way to the floor right now to debate this amendment. I think the Senate has a right to listen to him.

I will say this, having been in the Senate for a long time, we respect other Senators and the knowledge they have about their States. And when they come and talk to one of our committees about a specific need, we listen to them and respect what they know.

I certainly know the Senator from Montana knows this area very well. He has visited it numerous times. He understands the deep concerns that face this region and knows exactly why they need an emergency operations center there. He made a very good argument to the subcommittee, and the subcommittee included it in our mark that is before the Senate today.

The Senator was out on the floor earlier today talking about the importance of having an emergency center located at Whitefish. I will tell all of my colleagues that it is easy to pick out one earmark because it is in someone else's State or region. I am not from Montana, but I certainly respect the Senator from Montana when he tells me that Montana has suffered numerous natural disasters in recent years, including, I remember, a devastating fire at Glacier National Park.

I do not know all of the geography of this region, but do know that this emergency center in Whitefish, as the Senator from Montana talked to us about it, supports Glacier National Park. That is a national park that all of us have a responsibility for. It is next to an Indian reservation, and Federal land with Federal responsibility. When we talk about an emergency center that assures that we protect the assets of this Nation, I think the Senator from Montana is right in telling our subcommittee that an emergency center is needed there.

The EOCs respond to a lot more than terrorist threats. I remind all of my colleagues of fires, floods, earthquakes, tornados, hurricanes, and countless other disasters.

I notice that the Senator from Montana is on the floor and he can describe to all of us the importance of this EOC in his region.

Disasters happen anywhere in this country at any time, and our local communities have got to have the tools they need to be able to respond effectively, especially when they are next to national assets such as Glacier National Park and an Indian reservation that the Senator will describe to us. But I want to remind all of our colleagues that these so-called earmarks, congressional mandates that we put into these bills, are here because the Senator has come to the subcommittee, described it to us in detail, put them up on their Web sites, and everyone has an opportunity to look at them.

This subcommittee marked up in subcommittee and full committee and had an opportunity to listen to the Senator from Montana describe the need. We respected the wishes of an individual Senator and his understanding of why this emergency operations center was so badly needed in his State. In having the respect of other Senators, this Senate can do the will of the people.

The interesting thing I think all of us should recognize, in writing out where these are going to be, we actually have them in the light of day. They are held accountable. We do have votes on them. People are able to see them. If we just pass funds over to an agency, these decisions are made without any input from people who live in those States, who know the regions and who know the needs of their communities.

I respect the Senator from Montana when he comes to this subcommittee--and I know Senator Byrd, who chairs this subcommittee--when he goes to Senator Byrd and makes a case for what he has. Senator Byrd listens to everybody's requests and puts them into these bills. It is done so out of respect for that Senator and the knowledge of his State. I certainly believe the Senator from Montana has made the case. I urge our colleagues to reject this single-minded amendment that simply picks out one Senator's State and says we will not fund an EOC in their State.

I will oppose this amendment tomorrow when we vote on it.

I yield the floor.

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