Senate passes $40.6 billion in homeland security spending

The Senate completed the annual Homeland Security appropriations bill late Thursday after disposing of several controversial amendments, including one that would have provided $300 million to help states issue new driver's licenses.

The fiscal 2008 spending bill was not only the first to pass the Senate this year; it is on course to be the first that Congress passes and sends to President Bush. Some complications loom, however, as Bush has threatened to veto the bill because it is larger than he requested.

Additionally, the Senate measure would spend more money than companion legislation in the House, setting up a potential battle in conference negotiations.

Senators Thursday fattened the bill by adding $3 billion for border security and to crack down on illegal immigrants. The legislation now has $40.6 billion in total spending, about $5.3 billion more than Bush requested. The House passed a $37.4 billion measure last month.

The additional $3 billion was approved by a lopsided 89-1 vote -- a strong indication of a veto-proof majority for the bill in the Senate.

The legislation includes language that would allot only $5 million for the department's new personnel system -- the Human Capital Operational Plan. Congress apportioned $20 million for the personnel plan for fiscal 2007, and the Bush administration requested $15 million in its fiscal 2008 budget proposal.

Sen. Daniel Akaka, D-Hawaii, advanced an amendment that would require the Transportation Security Administration to report to the House and Senate appropriations committees by March 1, 2008, on the implementation of its Performance and Accountability Standards System, a new incentive pay system.

The provision would require TSA to provide statistics on how many employees achieved each level of performance called for under the system, the type and amount of all pay increases given at each level, and attrition. The National Treasury Employees Union said Friday that TSA has the highest attrition by far of any unit in Homeland Security.

The Senate slogged through a handful of other amendments to the bill Thursday afternoon, including a controversial proposal from Sen. Lamar Alexander, R-Tenn. His amendment would have provided states with $300 million to help them comply with the so-called Real ID law, which requires states to begin issuing new secure identification documents by May 2008.

Family members of victims killed during the 9/11 attacks encouraged senators to support the amendment.

"The amendment brings us another step closer to fulfilling a key 9/11 Commission recommendation," they said in a joint statement. "Enhanced driver's licenses that meet the REAL ID criteria will add another layer of much-needed security."

But Democrats and some Republicans objected to the amendment because it would have been offset by an across-the-board cut in other Homeland Security programs, including politically popular programs that distribute grants to state and local governments.

"That cuts into programs that hit a lot of people, my own good people," said Senate Appropriations Chairman Robert Byrd, D-W.Va. "This bill is not the place to fix this problem."

The amendment was tabled by a 50-44 vote, effectively killing it.

The American Civil Liberties Union hailed the amendment's demise. "The death of this amendment means the states will receive no additional federal funding to implement Real ID, dealing a crushing blow to the viability of the unworkable program," said the organization, a longtime opponent of Real ID.

Senators also tangled over amendments that contained policy language, which is not allowed to be added to an appropriations bill under Senate rules.

Sens. Mary Landrieu, D-La., and Byron Dorgan, D-N.D., offered amendments to declare that the U.S. government's top counterterrorism goal is to capture or kill Osama bin Laden, increase rewards for going after al-Qaida's leadership, and require the executive branch to give Congress quarterly classified reports on what is being done to find bin Laden.

But Sen. Jim DeMint, R-S.C., successfully raised a point of order against the amendments, removing them from further consideration. DeMint said he raised the point of order because Democrats had done so against some GOP amendments.

Dorgan said he was "enormously surprised" the amendments were considered controversial.

Brittany R. Ballenstedt of Government Executive contributed to this report.