John Cornyn

Mr. CORNYN

Mr. CORNYN. Mr. President, according to the nonpartisan Congressional Budget Office, the pending legislation before the Senate will add $80 billion to the Federal deficit. The Treasury Department, in a report to Congress last week, projects that by 2015 the national debt will reach $19.6 trillion. My amendment represents a modest attempt to ensure that Congress is kept informed on the economic and national security implications of two important matters: first, the ballooning national debt; and, secondly, the foreign financing of our deficit spending. I believe it is only prudent for Congress to get regular analyses on these issues, ones as critical as these. My amendment has two components. First, it requires the General Accounting Office to provide Congress with an annual risk assessment on the national security and economic hazards posed by the national debt. Secondly, it would require the President to provide Congress with quarterly risk assessments on the national security and economic hazards posed by current levels of foreign holdings of our debt. In the event the risk level is found to be too high, the President would have to put together and then execute a plan to mitigate that risk in a way that reduces Federal spending. It is the worst kept secret in the world that our deficit spending is being financed by foreign investors who may not always have our Nation's best interests at heart. We need to be thinking openly and clearly about the potential consequences of this, as well as the consequences of allowing our national debt to reach such massive proportions. The chairman of the Finance Committee apparently opposes my amendment and will offer an alternate based closely on mine. I regret to say, though, his amendment makes changes to the legislative language that could potentially result in tax increases on American taxpayers, which could not come at a worse time. Under my amendment, the Government Accountability Office would be required to recommend to Congress ways to bring down the security and economic risks posed by the huge national debt. These recommendations would be required to focus on spending reductions, not tax increases. By contrast, under the Baucus amendment, this limitation is deleted, effectively paving the way for the GAO to recommend that Congress raise taxes rather than cut spending. Similarly, in cases where foreign holdings of our debt pose unacceptable risks to our security and economy, my amendment would require the President of the United States to formulate and execute a plan to mitigate those risks. His plan would have to reduce Federal spending. The Baucus amendment deletes that limitation, opening the door for the President's plan to include tax hikes on the American taxpayer. The Baucus amendment also substantially weakens the requirements for the two types of debt risk assessments. First, it cuts the frequency of the President's reporting requirements on the risks posed by foreign debt holdings, making them annual rather than quarterly, and it also shifts the requirement over to the Secretary of the Treasury. It makes the reports more vague and, as a result, less useful to Members of Congress who need this information. Perhaps most puzzling, the Baucus amendment eliminates the requirement for the GAO to determine whether our country can sustain the security and economic risks posed by growing national debt. I recognize it may be unpleasant--or even inconvenient--to think about this, but it is a risk to our country, and it is an important question that needs transparency and our best thinking. We have an obligation to think openly and honestly about what effect Congress's runaway spending may have on our Nation's future which, of course, is the purpose of my amendment. Mr. President, I ask my colleagues to oppose the Baucus amendment and to support mine. I yield the floor and reserve the remainder of my time.

Mr. CORNYN

Mr. CORNYN. I ask unanimous consent that reading of the amendment be dispensed with.

Mr. CORNYN. Madam President, I ask unanimous consent to set aside the pending amendment and call up my amendment No. 4302.

Mr. CORNYN. I ask unanimous consent that the order for the quorum call be rescinded.

Mr. CORNYN. Madam President, I won't detain the Senate long, but I did want to call up this important amendment early on in considering this underlying legislation. This amendment would improve transparency in reporting of foreign holdings of our debt, providing taxpayers with more information about which countries are financing our deficit spending. This amendment is based on legislation Senator Kyl and I introduced in April called the Foreign-Held Debt Transparency and Threat Assessment Act. This legislation would require the President to provide Congress with quarterly risk assessments on the national security and economic hazards posed by current levels of foreign holdings of our debt. It would require the President, in the event that risk level was too high, to submit a plan of action to the Congress to bring down the risk in a way that reduces Federal spending. Regarding the national debt itself, the bill instructs the GAO to provide Congress with an annual risk assessment on national security and economic hazards posed by the national debt as well as recommendations for reducing Federal spending. We know the President's budget puts this Nation on a roadmap for doubling the national debt in 5 years and tripling it in 10 years. The interest payments alone will reach $900 billion in 10 years, which is more than the United States currently spends on education and national defense combined. In addition, according to the nonpartisan Congressional Budget Office, the pending legislation will add almost $80 billion to the deficit. While the President likes to say he inherited the Nation's debt from his predecessor, the fact is, from the day President Obama took office until the last day of fiscal year 2010, the debt held by the public will have grown by $2.3 trillion, according to the White House Office of Management and Budget. It is important to note that the explosion in the Nation's debt is being financed by foreign investors who, unsurprisingly, may not always have our best interests at heart. The more we need to borrow from foreign investors, concerns about our Nation's fiscal health increase. The chairman of the Budget Committee noted at a hearing last February that last year, 68 percent of the new debt financing came from abroad, with China now the biggest funder of the United States. We have had the Chinese warn us publicly and privately that they are increasingly reluctant to finance that debt. In fact, it is worse than that. Chinese Government officials have threatened to use their debt holdings to retaliate against U.S. policies they oppose. In a recent response to a U.S. decision to sell defensive weapons to Taiwan, an official of China's People's Liberation Army warned that China might sanction the United States by dumping U.S. Government bonds. Many believe a rapid Chinese divestment of U.S. debt holdings would have a destabilizing effect on the U.S. economy. For all these reasons, I ask my colleagues to support this amendment. I yield the floor and suggest the absence of a quorum.

Mr. CORNYN

Mr. CORNYN. Madam President, yesterday the Department of Homeland Security told local law enforcement to keep their eyes peeled for a Somali man believed to be in Mexico for a period in order to make an illegal crossing into Texas. DHS believes this man has ties to an organization affiliated with al-Qaida. Maybe he will not come to Houston. Maybe he will go to some other city in this great country of ours. We simply don't know whether this individual or the 45,000 other- than-Mexican citizens who have immigrated illegally across our border represent a national security threat. If we look at the countries they come from--Pakistan, Iran, a state sponsor of terrorism, Somalia, Yemen--it could mean something very bad will happen as a result of our dereliction of duty to secure the border. It is unfair to criticize States for trying to protect themselves when the Federal Government will not do the job instead as it should. I urge colleagues to support this fully paid-for amendment to help beef up border security. The point of order that will be raised is simply an effort to deny the fact that we are in a state of emergency and we need to act now to secure the border.

Mr. CORNYN. Madam President, I also wish to speak to the amendments that have been offered by Senator McCain, Senator Kyl, myself, and Senator Hutchison with regard to border security. One thing we cannot lose sight of is that the failure of the Federal Government to deal seriously with border security leaves all of the border States basically on their own. We have heard a number of people who criticized the State of Arizona for dealing with this issue the best they can. But what are they supposed to do if the Federal Government does not step up and deal with its responsibility, which is a Federal responsibility? We talked about the violence, particularly relating to the cartels, with 23,000 Mexicans killed since 2006 in these drug wars. Right across from El Paso, 1,000 people have been killed in Ciudad Juarez, which is literally across the river, like Virginia is from Washington, DC. We have seen the spillover effect in American citizens being killed and living in fear on this side of the border. We cannot forget there is also an important war on terror issue here as well, something we have not talked about very much but something I was reminded of yesterday when the Department of Homeland Security issued an alert to police and sheriff's deputies in Houston asking them to keep their eyes open for a Somali man believed to be in Mexico preparing to make a crossing into Texas. The Department of Homeland Security in this announcement believes this man has a tie to an organization affiliated with al-Qaida. I say to my colleagues, maybe this individual is not coming to Houston to stay in Houston. Maybe he is coming to the State of one of my colleagues or their town where they live. It demonstrates again why this porous border represents a national security problem for the entire country. I ask unanimous consent to have printed in the Record at the conclusion of my remarks a list of other-than-Mexican illegal immigrants.

Mr. CORNYN. All the boots on the ground that we need to make our border security efforts credible. I yield the floor. Exhibit 1

Mr. CORNYN. Madam President, I have in my hand a list of the countries from which individuals who have been detained at the border have originated. In 2009, 2 people from Afghanistan were apprehended on the southern border; 10 from Iran, a state sponsor of international terrorism, as we know; 10 have come from Iraq; 19 from Pakistan; 12 from Somalia; and 3 from Yemen. Out of a total of 45,000 other-than- Mexican citizen immigrants apprehended at the border, these are just some examples of why our porous border represents a national security threat in the global war on terror. There is also another reminder in the news recently where two F-16s had been dispatched to intercept an ultralight aircraft flying across the border into Arizona. Some 200 ultralight aircraft have been detected in 2009 alone. These ultralight aircraft do not require a license to fly. They typically fly so low to avoid any radar detection. It is estimated by the Department of Homeland Security that some 600 of them have flown into the United States, primarily transporting huge loads of illegal drugs, of course, being sold on America's streets to our children, among others. From these two facts--the fact that we have other than Mexican citizens who simply want to come to work using the porous border, both Mexico's porous southern border and our southern porous border, and to come into the United States for unknown purposes, perhaps to do us harm--it is obvious our current border security measures are inadequate to deal with this new phenomenon of ultralight aircraft transporting drugs into the United States and perhaps transporting back to Mexico the bulk cash that is generated from these drug sales, further funding illegal drug activity and the cartels that are causing so much mayhem on our southern border. The problem we have with our broken immigration system is that it is simply not perceived as credible by the American people. Until we deal with this broken border, we are not going to be able to deal with other aspects of our broken immigration system, and I would support an effort to do that. But it seems to be that our colleagues on the other side too often seem to view border security as leverage or a bargaining chip they are not willing to give up unless they get something else for it. But it is, in fact, the Federal Government's responsibility to deal with this situation, as the President himself has acknowledged in his recent announcement to send 1,200 additional National Guard to the border. I will tell you that it is a welcome gesture, but it is no more than that--a gesture. These 1,200 National Guard on a 2,000-mile border--you can imagine how many gaps in the effort of border security will still be left. That is why I support the McCain amendment and the Kyl amendment to provide additional National Guard on a temporary basis. Our National Guard is already severely stressed because of the conflicts in Afghanistan and Iraq, our all-volunteer military forces. What we need to do is provide a permanent solution, not a temporary solution, and that means more Border Patrol, more ATF, DEA----

Mr. CORNYN

Mr. CORNYN. Mr. President, I ask the Senator--and we now have both distinguished Senators from Arizona on the Senate floor--is he aware of a new poll that came out today--CNN, I believe--that said nearly 9 out of every 10 Americans in this poll support putting more Border Patrol and Federal law enforcement agents on the border because of border security? This isn't just something we thought was a good idea. It looks as though the American people recognize not only the incipient violence in Mexico and the spillover effect here but our inability to protect ourselves from the organized criminal activity of smuggling drugs, weapons, and people. Is that the Senator's experience, that this is the sort of thing that has broad public acceptance?

Mr. CORNYN. The Senator is absolutely right. Where there is a combination or layered approach to dealing with illegal immigration, there have been great successes, including an effort to use prosecution of people for crossing and incarcerating them for a short period of time, which acts as a further deterrent. The Senator raises another important point. While I certainly support his effort to try to get sufficient National Guard on the border, 1,200 won't cut it, not with a 2,000-mile border. We need more boots on the ground. We need to also make sure we support our local and State law enforcement people who are standing in the gap in the short term. That is why I appreciate the Senators' support on the other amendment we hope to vote on. We need the Southwest border task force to deal with these high-intensity drug trafficking programs. We also need to make sure we use the latest technology. The distinguished Senator is the ranking member on the Armed Services Committee. He is well aware of the use of the military unmanned aerial vehicles and, I believe--and I think he would agree with me--they could be used as a good effect, as a multiplier effect for the Border Patrol and National Guard there, something that could be used for training purposes for the National Guard, who have had experience using those in Iraq and Afghanistan. Finally, we need not only Border Patrol and National Guard, we need Alcohol, Tobacco, and Firearms. These are the people who actually catch the guns that are bought in bulk through straw purchasers and brought across the border that are used by the cartels. All of these Federal agencies--from ICE, CBP, DEA, ATF--all of them represent additional boots on the ground that could be used to help secure our border. I appreciate the support both Arizona Senators have given, as well as Senator Hutchison, who is a cosponsor. But we need a permanent solution, not a temporary Band-Aid which I believe the President's proposal represents.

Mr. CORNYN. Mr. President, if I may react briefly to the comments of the two Senators from Arizona, whether their concern translates into something like this: that the people who suffer the most from the current illegality and broken immigration system are, for example, a young woman who is a victim of domestic violence who has nowhere to report that crime because she is afraid of being deported, or the worker who earns money believing they have earned their pay but only to be jilted and not paid because the employer realizes they have nowhere else to turn or, as Senator McCain mentioned, the coyotes, as they are known, the human smugglers who care nothing for these individuals as human beings but they are a commodity they trade in, just like drugs, weapons, and people. This is a very real problem. It is true that most of it is not reported in the newspaper because people are afraid of being exposed because of what the consequences might be. But because we live in border States, because we interact with our constituents and see the consequences of the spillover effect of this kind of violence and lawlessness, that is why we feel so strongly that these amendments need a vote, as the Senator said earlier.

Mr. CORNYN

Mr. CORNYN. Reserving the right to object, I would propound a slight modification and ask to be recognized for purposes of offering an amendment following the Senator from Arizona.

Mr. CORNYN. Madam President, as you have heard, the President came to speak to Republicans at lunch. We have talked about a lot of issues, including immigration reform and the like. Subsequent to that meeting, we were informed by e-mail that the President has made a major announcement with regard to the deployment of National Guard along the border. This amendment, which deals with border security and will help the Federal Government live up to its responsibility for border security, is exactly the kind of response I think the President and certainly all of us who care about border security would find helpful. Let me tell you what this amendment does. I know the Senator from New Jersey is looking through the amendment, and perhaps we can have a further consideration of the amendment when he is through. This amendment would strengthen border security along our southwest border. While I appreciate the needs of States such as Arizona, we have a number of States that share a common border with Mexico. We have to make sure we have the human resources, tactical infrastructure, and technology employed in order to protect Americans along the border and help contain the terrible drug violence--drug war, literally--that is being fought within a short distance of American cities. According to the El Paso Times, two young men were shot over the weekend in Juarez, one a nursing student at the University of Texas at El Paso, and another was a former student--an engineering major--from that same institution. Some news reports indicated that the two young men were returning from a Boy Scout camp when they were confronted by a shooter with an AK-47, who shot both of them multiple times, killing one of them. I am really not sure my colleagues understand how close these killings in Juarez are to the United States. It is like Minneapolis being across the river from St. Paul or Manhattan being across the river from Brooklyn. That is the proximity of the 1,000 deaths that have occurred so far this year in Juarez, on the Mexican side of the common border with El Paso. This may not capture headlines like those of other college campuses, but these deaths represent a terrible loss to our families, our communities, and our Nation. That is a reminder of just how dangerous this war is that is going on just across our border. It also raises the issue of what is going to be necessary in order for us to deal with our broken immigration system. I think the problem we have with our immigration system is that it is simply not credible when it comes to border security. We know that last year the Department of Homeland Security reported that some 540,000 people were detained coming across our border. We don't know how many made it across without being stopped and detained. All we can tell you is how many people actually were detained. It is commonly thought that between two and three people are missed for every one who is caught and detained. That is not anyone's definition of border security. What we need is more resources deployed along the border. The President's 2011 budget, for example, is a flat-line budget when it comes to actually providing more boots on the ground, when it comes to adding to the Border Patrol and the various Federal agencies whose job it is to protect our country and secure the border. The first thing my amendment does is it provides some help in the form of grants to State and local law enforcement, especially to those areas within 100 miles of the border. When the Federal Government doesn't do its job, when they fail to employ sufficient resources in order to secure the border, that burden falls on State and local law enforcement officials, particularly those within 100 miles of the border who feel the brunt of that absence of the Federal Government. Under this $300 million grant program, these funds could be used to purchase equipment, particularly so they can have interoperable communications, hire additional investigators, detectives, and other law enforcement personnel, and they could be used to cover salaries and expenses associated with border enforcement for the State and local officials who are stepping up and doing the job the Federal Government is not doing. Second, my amendment supports the southwest border task forces. It provides $140 million to increase personnel and funding for the so- called HIDTA Program, or the High Intensity Drug Trafficking Area Program, mainly in southwest border States. It also provides $44.7 million to the National Guard Counterdrug Program in the southwest border States. Third, my amendment provides additional support for U.S. Customs and Border Protection. It provides $144 million for the purchase of six additional Predator B unmanned aerial vehicles and ground control stations and funding for UAV pilots and support staff. It provides $49.4 million to allow Customs and Border Protection to purchase 10 additional helicopters for border enforcement. It allocates $180 million for border surveillance equipment and vehicles. It provides $200 million to hire 500 Customs and Border Patrol officers to staff southwest border ports of entry, as well as to fund infrastructure improvements at high-volume ports of entry. Fourth, my amendment provides additional support to the Drug Enforcement Administration. I had the opportunity the other day to have a classified briefing from the DEA which I will not go into here, but suffice it to say the Drug Enforcement Administration is fighting the good fight both here and in Mexico trying to help fight and beat the cartels. But they need more help. This amendment provides $30.4 million to hire an additional 180 intelligence analysts and support personnel for the DEA, and it would create four additional special investigative units. It provides $72 million to hire 281 special agents and investigators at the Bureau of Alcohol, Tobacco, Firearms and Explosives to help investigate and track illegal firearms. One of the things you will recall we heard from President Calderon is his concern about the weapons that are purchased in the United States and then bundled and trafficked south of the border into Mexico and used by the cartels. These ATF agents need additional help, and this amendment would provide the money to hire 281 additional ATF agents in order to help prevent the flow of weapons to the cartels south of the border. Finally, my amendment supports U.S. Immigration and Customs Enforcement. It provides $375 million to fund 500 additional investigators, 400 additional intelligence analysts, and 500 additional detention and removal officers. It provides $151 million to increase detention capacity by 3,300 beds. It allocates $180 million for equipment and border enforcement technology. It provides $89 million to expand repatriation programs that return illegal aliens to their home countries. The total pricetag for this amendment, which, as you can see, is rather detailed and breaks down into six different areas, is $2 billion. That is a lot of money. But the first responsibility of the Federal Government is to keep our Nation safe, protect it. That is the No. 1 job of the Federal Government. The Federal Government is not getting the job done now. The brave men and women who, day-in and day- out, fight the cartels, the human smugglers, people who smuggle weapons illegally, need help. They need technology, training, and equipment, so they can get the job done. So that it is not necessary for other States to take matters into their own hands in the absence of the Federal Government living up to its responsibilities, I believe it is absolutely imperative that we spend this money for the security of our country, for the security of our border. The good news is that, unlike a lot of spending that has happened here in recent months and years, this is not deficit spending. I am not proposing that we spend it using borrowed money; rather, that we use funds that were already appropriated by the stimulus package early in 2009 in order to pay for this amendment. This is not spending our children's inheritance. I believe this is acting responsibly in responding to the first obligation of the Federal Government, which is to keep our people safe, to protect our borders and our national sovereignty. I thank my colleagues who signed on as original cosponsors, including Senators Hutchison, Kyl, and McCain. I hope all of my colleagues will support this amendment. I see both the bill manager and the Senator from New Jersey. I don't know whether he has had an opportunity to review the amendment. There is nothing particularly exotic or complex about it. It is rather straightforward and deals with a real problem.

Mr. CORNYN. At this time, I ask unanimous consent to set aside the pending amendment, and I call up my amendment No. 4202, as modified, and ask for its immediate consideration.

Mr. CORNYN. Madam President, I yield the floor at this time.

Mr. CORNYN. Responding to my colleague through the Chair, we were told that it would take $3.1 billion in rescission authority to come up with the $2 billion that would pay for the various provisions of the bill. I would be happy to explain that further, with our staffers present, to further satisfy the Senator from New Jersey.

Mr. CORNYN. I will yield for a question.

Mr. CORNYN. Madam President, that is correct.

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

Mr. CORNYN. Madam President, I ask unanimous consent, I believe with the approval of the bill managers, to call up my amendment No. 4202, as modified, and ask for its immediate consideration.

Mr. CORNYN. Madam President, this has been cleared by the majority bill manager, by Senator Inouye and his staff, I believe. Certainly the ranking member has no objection. I didn't know I had to clear amendments with all 100 Members of the Senate before I could even get them called up. I am prepared to call it up so we can then consider it and then we can debate it and vote on it. But this does not seem like a way to make any progress on this important underlying legislation. Well, I guess I will talk about it for a while.

Mr. CORNYN. Madam President, I once more ask unanimous consent to call up my amendment No. 4202, as modified, for consideration, and I ask that the pending amendment be set aside for that purpose.

Mr. CORNYN

Mr. CORNYN. Mr. President, I ask unanimous consent that Ramona L. McGee on my staff be granted floor privileges for the remainder of this session.

Mr. CORNYN

Mr. CORNYN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.