[Senate Report 110-396]
[From the U.S. Government Publishing Office]
Calendar No. 830
110th Congress Report
SENATE
2d Session 110-396
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2009
_______
June 23, 2008.--Ordered to be printed
_______
Mr. Byrd, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 3181]
The Committee on Appropriations reports the bill (S. 3181)
making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2009, and for other
purposes, reports favorably thereon and recommends that the
bill do pass.
Total obligational authority, fiscal year 2009
Total of bill as reported to the Senate\1\ \2\ \3\...... $41,313,745,000
Amount of 2008 appropriations\4\........................ 38,746,643,000
Amount of 2009 budget estimate\2\ \3\ \5\............... 38,853,807,000
Bill as recommended to Senate compared to--
2008 appropriations................................. +2,567,102,000
2009 budget estimate................................ +2,459,938,000
\1\Includes $31,800,000 in rescissions.
\2\Includes a permanent indefinite appropriation of $257,305,000 for the
Coast Guard health care fund contribution.
\3\Excludes $2,175,000,000 appropriated in the Department of Homeland
Security Appropriations Act, 2004 (Public Law 108-90) for Biodefense
Countermeasures that becomes available for obligation in fiscal year
2009.
\4\Includes $2,710,000,000 in emergency appropriations for border
security pursuant the Department of Homeland Security Appropriations
Act, 2008 (Public Law 110-161). Includes rescissions totaling
$247,249,000 pursuant to Public Law 110-161. Excludes $2,900,000,000 in
emergency appropriations for disaster relief pursuant to Public Law 110-
116. Includes a permanent indefinite appropriation of $272,111,000 for
the Coast Guard health care fund contribution.
\5\Includes a $9,000,000 cancellation.
CONTENTS
----------
DEPARTMENT OF HOMELAND SECURITY
Page
Overview and Summary of the Bill................................. 4
Title I:
Departmental Management and Operations:
Office of the Secretary and Executive Management......... 7
Office of the Under Secretary for Management............. 12
Office of the Chief Financial Officer.................... 16
Office of the Chief Information Officer.................. 17
Analysis and Operations.................................. 19
Office of the Federal Coordinator for Gulf Goast
Rebuilding............................................. 20
Office of Inspector General.............................. 21
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Salaries and Expenses................................ 23
Automation Modernization............................. 32
Border Security Fencing, Infrastructure, and
Technology......................................... 34
Air and Marine Interdiction, Operations, Maintenance,
and Procurement.................................... 36
Construction......................................... 38
U.S. Immigration and Customs Enforcement:
Salaries and Expenses................................ 42
Federal Protective Service........................... 52
Automation Modernization............................. 54
Construction......................................... 55
Transportation Security Administration:
Aviation Security.................................... 56
Surface Transportation Security...................... 67
Transportation Threat Assessment and Credentialing... 68
Transportation Security Support...................... 70
Federal Air Marshals................................. 73
Coast Guard:
Operating Expenses................................... 75
Environmental Compliance and Restoration............. 82
Reserve Training..................................... 83
Acquisition, Construction, and Improvements.......... 83
Alteration of Bridges................................ 89
Research, Development, Test, and Evaluation.......... 90
Retired Pay.......................................... 90
United States Secret Service:
Salaries and Expenses................................ 91
Acquisition, Construction, Improvements, and Related
Ex-
penses............................................. 94
Title III:
Protection, Preparedness, Response, and Recovery:
National Protection and Programs Directorate:
Management and Administration........................ 95
Infrastructure Protection and Information Security... 95
United States Visitor and Immigrant Status Indicator
Technology......................................... 99
Office of Health Affairs................................. 100
Federal Emergency Management Agency:
Management and Administration........................ 102
State and Local Programs............................. 108
Firefighter Assistance Grants........................ 117
Emergency Management Performance Grants.............. 118
Radiological Emergency Preparedness Program.......... 118
United States Fire Administration.................... 118
Disaster Relief...................................... 119
Disaster Readiness and Support....................... 120
Disaster Assistance Direct Loan Program Account...... 120
Flood Map Modernization Fund......................... 121
National Flood Insurance Fund........................ 121
National Flood Mitigation Fund....................... 122
National Pre-Disaster Mitigation Fund................ 122
Emergency Food and Shelter........................... 123
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services....... 124
Federal Law Enforcement Training Center:
Salaries and Expenses................................ 127
Acquisition, Construction, Improvements, and Related
Expen-
ses................................................ 129
Science and Technology:
Management and Administration........................ 130
Research, Development, Acquisition, and Operations... 130
Domestic Nuclear Detection Office:
Management and Administration........................ 135
Research, Development, and Operations................ 135
Systems Acquisition.................................. 135
Title V: General Provisions...................................... 137
Program, Project, and Activity................................... 143
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 144
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 145
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 145
Disclosure of Congressionally Directed Spending Items............ 148
Comparative Statement of New Budget Authority.................... 151
OVERVIEW AND SUMMARY OF THE BILL
------------------------------------------------------------------------
Fiscal year
Fiscal year 2009\1\ \2\ \3\
2009\2\ \3\ \4\ Committee
request recommendation
------------------------------------------------------------------------
Title I--Departmental Management $1,185,492,000 $1,197,419,000
and Operations...................
Title II--Security, Enforcement, 28,786,378,000 29,640,921,000
and Investigations...............
Title III--Protection, 7,020,634,000 8,540,240,000
Preparedness, Response, and
Recovery.........................
Title IV--Research and 1,861,303,000 1,935,165,000
Development, Training, and
Services.........................
Title V--General Provisions....... ................. .................
-------------------------------------
Total, new budget 38,853,807,000 41,313,745,000
(obligational authority)...
------------------------------------------------------------------------
\1\Includes $31,800,000 in rescissions.
\2\Includes a permanent indefinite appropriation of $257,305,000 for the
Coast Guard health care fund contribution.
\3\Excludes $2,175,000,000 appropriated in the Department of Homeland
Security Appropriations Act, 2004 (Public Law 108-90) for Biodefense
Countermeasures that becomes available for obligation in fiscal year
2009.
\4\Includes a $9,000,000 cancellation.
The Committee recommends total appropriations of
$41,313,745,000 for the Department of Homeland Security (the
Department) for fiscal year 2009, $2,459,938,000 more than the
budget request. Of this amount, $40,077,000,000 is for
discretionary programs.
Overview
Since the establishment of the Department of Homeland
Security, the administration has consistently requested
inadequate funding to fulfill critical missions. The Nation
cannot be secured on the cheap. The Committee, on a bipartisan
basis, has increased funding above the request each year--for
fiscal year 2004 by $1,400,000,000, for fiscal year 2005 by
$832,000,000; for fiscal year 2006 by $1,400,000,000; for
fiscal year 2007 by $2,760,000,000; and for fiscal year 2008 by
$3,300,000,000.
For fiscal year 2009, the President, once again is seeking
a flat budget, $38,853,807,000 compared to $38,746,643,000 for
fiscal year 2008. And, once again, the Committee will take the
initiative to provide increased resources to secure the
homeland.
While much has been accomplished since the attacks of 9/11,
much remains to be done. According to the Department's own
estimates, only 31 percent of communities are prepared to face
a major disaster, only 12 percent of fire departments have
equipment to respond to an attack with chemical or biological
weapons, only 40 percent of first responders have enough radios
to respond to a major disaster, only 6 percent of cargo
containers are inspected, and little of the air cargo loaded
onto passenger aircraft is searched for explosives.
Well documented core Federal missions are insufficiently
funded. Demands placed on the men and women of the Coast Guard
have increased dramatically since 9/11, yet it struggles to
carry out its missions with the same number of service
personnel it had in 1975. U.S. Customs and Border Protection
[CBP] estimates it needs nearly 1,000 new officers to process
passengers at our land border ports of entry, yet the budget
request barely funds one-quarter of the additional requirement.
Similarly, U.S. Immigration and Customs Enforcement, the
Department's largest investigative agency, lacks nearly 50
percent of its mission support staff, resulting in the
diversion of special agents from investigative to
administrative and support tasks.
In July 2007 and again in February 2008, when the Director
of National Intelligence released the latest official threat
assessments, America was warned that the threat of potential
attacks on our homeland is not diminishing. These assessments
conclude that al Qaeda has regrouped in Pakistan and that
terrorists continue to pose significant threats to the United
States; that terrorists continue to focus on prominent
infrastructure targets with the goal of producing mass
casualties and significant economic damage. In addition, the
Department continues to officially state that the aviation
sector is at a high risk of attack. But the alarming
information contained in these threat assessments was not
enough motivation for the administration to increase the fiscal
year 2009 budget request.
The President's border security budget proposal does not
address the significant obstacles our Nation must overcome if
we are to fully secure our borders. In particular, there are
gaps in the President's request for removing violent illegal
aliens from the country after completion of their prison terms,
the congressional reform for CBP officer retirement benefits is
proposed for repeal, and funding requested is insufficient to
enforce our immigration laws.
The Committee is dismayed by the budget request for first-
responder grants. The administration proposes a 48 percent cut
in State and local first-responder grant funds. Hurricane
Katrina proved that our communities are not prepared to respond
to a catastrophic disaster. Dramatically cutting funds for our
police, fire, and emergency medical personnel and for emergency
planning is not a solution. Additionally, the Committee is
disappointed to learn that funding Congress approved nearly a
year ago for purchasing explosives detection systems for
airline passenger baggage remains unspent, sitting in the
Treasury.
The Department must have sufficient resources to be able to
anticipate, deter, and respond to future threats, not just the
threats of the past, and be able to partner with State and
local governments and the private sector to address all-
hazards, not just terrorism. While the administration attempts
to fashion a budget based on artificial top lines, the
Committee bill matches resources with documented threats and
shared goals.
References
This report refers to several public laws by short title as
follows: Implementing Recommendations of the 9/11 Commission
Act of 2007, Public Law 110-53, is referenced as the 9/11 Act;
Security and Accountability for Every Port Act of 2006, Public
Law 109-347, is referenced as the SAFE Port Act; and
Intelligence Reform and Terrorism Prevention Act of 2004,
Public Law 108-458, is referenced as the Intelligence Reform
Act.
Any reference in this report to the Secretary shall be
interpreted to mean the Secretary of Homeland Security.
Any reference to the Department or DHS shall be interpreted
to mean the Department of Homeland Security.
Any reference in this report to a departmental component
shall be interpreted to mean directorates, components,
agencies, offices, or other organizations in the Department.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriations, 2008.................................... $97,353,000
Budget estimate, 2009................................... 127,229,000
Committee recommendation................................ 123,299,000
The Office of the Secretary and Executive Management
supports the Department by providing direction, management, and
policy guidance to operating components within the
organization. The specific activities funded by this account
include: the Immediate Office of the Secretary; the Immediate
Office of the Deputy Secretary; the Chief of Staff; the Office
of Counternarcotics Enforcement; the Executive Secretary; the
Office of Policy; the Office of Public Affairs; the Office of
Legislative and Intergovernmental Affairs; the Office of
General Counsel; the Office of Civil Rights and Civil
Liberties; the Citizenship and Immigration Services Ombudsman;
and the Privacy Officer.
COMMITTEE RECOMMENDATIONS
The Committee recommends $123,299,000 for the Office of the
Secretary and Executive Management, $25,946,000 above the
fiscal year 2008 level and $3,930,000 below the request level.
The specific levels recommended by the Committee as
compared to the fiscal year 2008 and budget request levels are
as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2008 2009 budget Committee
enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary............................ 2,540 3,378 3,378
Immediate Office of the Deputy Secretary............. 1,122 1,505 1,505
Chief of Staff............................................... 2,639 2,693 2,693
Office of Counternarcotics Enforcement....................... 2,680 4,018 3,718
Executive Secretary.......................................... 4,722 5,848 7,448
Office of Policy............................................. 33,000 43,693 42,763
Office of Public Affairs..................................... 6,650 8,291 5,991
Office of Legislative and Intergovernmental Affairs.......... 4,900 5,697 4,997
Office of General Counsel.................................... 13,500 20,914 20,114
Office of Civil Rights and Civil Liberties................... 14,200 17,917 17,417
Citizenship and Immigration Services Ombudsman............... 5,900 6,471 6,471
Privacy Officer.............................................. 5,500 6,804 6,804
--------------------------------------------------
Total, Office of the Secretary and Executive Management 97,353 127,229 123,299
----------------------------------------------------------------------------------------------------------------
IMMEDIATE OFFICE OF THE SECRETARY
The Committee provides $3,378,000 for the Immediate Office
of the Secretary, an increase of $838,000 from the fiscal year
2008 level and the same level as proposed in the budget.
IMMEDIATE OFFICE OF THE DEPUTY SECRETARY
The Committee provides $1,505,000 for the Immediate Office
of the Deputy Secretary, an increase of $383,000 from the
fiscal year 2008 level and the same level as proposed in the
budget.
CHIEF OF STAFF
The Committee provides $2,693,000 for the Chief of Staff,
an increase of $54,000 from the fiscal year 2008 level and the
same level as proposed in the budget.
OFFICE OF COUNTERNARCOTICS ENFORCEMENT
The Committee recommends $3,718,000 for the Office of the
Counternarcotics Enforcement, $1,038,000 above the fiscal year
2008 level and $300,000 below the request level due to a gap
between funded full-time equivalent [FTE] and on-board
personnel.
The Secretary is to submit a report to the Committee no
later than 45 days after the date of enactment of this act,
containing: (1) fiscal year 2008 counternarcotics enforcement
achievements, including: (a) an analysis of efforts to track
and sever connections between illegal drug trafficking and
terrorism, (b) an update on the National Southwest Border
Counternarcotics Strategy implementation with an overview of
objectives and recommendations that have not been implemented
to date, (c) a strategy to counter increased usage of
submersibles and low flying aircraft to smuggle illegal drugs;
and (2) Office performance goals for fiscal year 2009.
EXECUTIVE SECRETARY
The Committee provides $7,448,000 for the Office of the
Executive Secretary, an increase of $2,726,000 above the fiscal
year 2008 level and $1,600,000 above the level proposed in the
budget. The recommended amount includes the transfer of the
Secretary's briefing staff from ``Analysis and Operations''
(Office of Operations Coordination). A total of $2,300,000, 14
FTE and four contract employees are transferred for this
activity. This transfer was requested by the Deputy Under
Secretary for Management on March 17, 2008, to properly align
program and personnel funding. The recommendation also includes
a reduction of $700,000 due to a gap between funded FTE and on-
board personnel.
OFFICE OF POLICY
The Committee provides $42,763,000 for the Office of
Policy, an increase of $9,763,000 above the fiscal year 2008
level and $930,000 below the level proposed in the budget. The
Committee fully funds requested base adjustments totaling
$7,600,000 for increasing costs related to rent, pay, and the
Working Capital Fund. In addition, the recommendation provides
$3,093,000 and nine FTE for programmatic increases related to
screening coordination, international affairs, strategic
planning, policy development, and the Quadrennial Homeland
Security Review [QHSR]. The Committee is concerned that almost
the entire request of $1,500,000 for the QHSR is for contractor
support even though many of the functions intended for
contractors are inherently governmental. Contracting out the
job of long-term planning and goal setting undermines the
mission and purpose of this Department. Requiring agencies to
work together to develop long-term goals was one of the
intended benefits of the creation of the Department. Therefore,
funds for contractor support shall only be used for
administrative and clerical tasks in support of the QHSR.
The recommended amount also reflects the transfer of the
Counterterrorism Planning Division to ``Analysis and
Operations'' (Office of Operations Coordination). A total of
$730,000 and three FTE are transferred for this activity. This
transfer was requested by the Deputy Under Secretary for
Management on March 17, 2008, to properly align program and
personnel funding.
The Committee bill increases the amount made available for
the Secretary's reception and representation expenses by
$20,000. This increase is solely to enable the Office of Policy
to host Visa Waiver Program negotiations in Washington, DC,
which will save significant travel costs. Therefore, the
recommendation includes a reduction of $200,000 to the travel
budget.
The Committee directs the Office of Policy to submit an
expenditure plan no later than 60 days after the date of
enactment of this act. The plan shall include funding for
activities of the Office such as the QHSR, the Committee on
Foreign Investment in the United States, and REAL ID.
OFFICE OF PUBLIC AFFAIRS
The Committee provides $5,991,000 for the Office of Public
Affairs, a decrease of $659,000 below the fiscal year 2008
level and $2,300,000 below the level proposed in the budget.
The recommendation includes a decrease of $300,000 below the
request due to a gap between funded FTE and on-board personnel
and $2,000,000 below the request for the ``Ready.gov'' program.
The Committee transfers this program to the Federal Emergency
Management Agency [FEMA], which is better positioned to educate
the public to prepare for and respond to potential emergencies.
OFFICE OF LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS
The Committee provides $4,997,000 for the Office of
Legislative and Intergovernmental Affairs, an increase of
$97,000 above the fiscal year 2008 level and a decrease of
$700,000 below the level proposed in the budget due to a gap
between funded FTE and on-board personnel.
OFFICE OF GENERAL COUNSEL
The Committee recommends $20,114,000 for the Office of
General Counsel, $6,614,000 above the fiscal year 2008 level
and $800,000 below the level proposed in the budget. The
Committee fully funds requested base adjustments totaling
$4,939,000 for increasing costs related to rent, pay, and the
Working Capital Fund. The recommendation includes $1,675,000
for additional personnel to meet the Department's growing need
for legal counsel across its many missions. This level is
$800,000 below the request due to a gap between funded FTE and
on-board personnel. The Committee encourages the Office of
General Counsel to use section 505 authority, which provides
that up to 50 percent of unobligated balances remaining at the
end of fiscal year 2008 from appropriations made for salaries
and expenses shall remain available through fiscal year 2009
subject to reprogramming guidelines.
OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES
The Committee provides $17,417,000 for the Office of Civil
Rights and Civil Liberties, an increase of $3,217,000 above the
fiscal year 2008 level and $500,000 below the level proposed in
the budget. The Committee fully funds requested base
adjustments totaling $3,009,000 for increasing costs related to
rent, pay, and the Working Capital Fund. The recommendation
includes $208,000 for additional personnel to meet increasing
demands. This level is $500,000 below the request due to a
large gap between funded FTE and on-board personnel. The
Committee encourages the Office of Civil Rights and Civil
Liberties to use section 505 authority, which provides that up
to 50 percent of unobligated balances remaining at the end of
fiscal year 2008 from appropriations made for salaries and
expenses shall remain available through fiscal year 2009
subject to reprogramming guidelines.
CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN
The Committee provides $6,471,000 for the Citizenship and
Immigration Services Ombudsman, an increase of $571,000 above
the fiscal year 2008 level and the same level as proposed in
the budget.
PRIVACY OFFICER
The Committee provides $6,804,000 for the Privacy Officer,
an increase of $1,304,000 above the fiscal year 2008 level and
the same level as proposed in the budget. The Privacy Officer
shall brief the Committee within 60 days after the date of
enactment of this act regarding the new authorities permitted
by section 802 of the 9/11 Act and comment on the extent these
authorities were exercised in fiscal year 2008. The briefing
should also include an update on outstanding recommendations
contained in the most recent annual privacy report submitted to
Congress pursuant to section 222 of Public Law 107-296.
REORGANIZATION AUTHORITY
The Committee includes a general provision that precludes
the Department from using funds in this act to carry out
section 872 of Public Law 107-296 during fiscal year 2009.
Section 872 provides the Secretary with extraordinary authority
to reorganize functions and organizational units of the
Department without congressional approval. Since the creation
of the Department in March 2003, the Secretary exercised
section 872 nine times. The Committee believes continuous
reorganizations impede the ability of the Department to operate
effectively and contributes to low morale.
QUARTERLY DETAILEE REPORT
The Committee requires the Department to continue the
quarterly detailee report. These reports shall be drafted in
accordance with the revised guidance set forth in Senate Report
110-84.
DISTRIBUTION OF GRANT AWARDS
Americans are not made safer when appropriated funds sit in
the Treasury. Therefore, as in previous fiscal years, the
Committee again includes statutory timeframes by which
appropriated grant funding must be made available and
distributed to State and local partners. While departmental
compliance with the timeframes has varied from year to year,
fiscal year 2008 awards were delivered within the statutory
timeframe. It is imperative that FEMA and the Department take
State and local partners seriously by ensuring needed resources
are provided expeditiously to address known risks. The
Committee expects FEMA and the Department will comply with the
law to ensure grant funds are distributed in a timely manner.
WORKING WITH HOMELAND SECURITY PARTNERS
The Secretary of Homeland Security and the Administrator of
FEMA each have responsibilities in the ``State and Local
Programs'' grant process. Distributing these needed resources
to State and local partners should be a positive and
cooperative effort. When it is not, resources are wasted and
progress in security is hampered. Yet, each year the grant
award distribution process has drawn the ire of awardees who
assert the Department has not listened to their needs nor been
transparent in its decisionmaking. Therefore, the Committee
includes a provision in the bill which withholds $10,000,000
from the Office of the Secretary and Executive Management until
the Secretary, in coordination with the Administrator of FEMA,
certifies and reports to the Committees on Appropriations that
the processes to incorporate stakeholder input for grant
guidance development and award distribution have been: (1)
developed to ensure transparency and increased information
gathering about security needs for all-hazards; (2) formalized
and made clear to stakeholders; and (3) formalized to ensure
future use for each fiscal year. A provision in the bill
withholding $10,000,000 has also been included for FEMA
``Management and Administration'' and further direction
regarding this process is included in title III of this report.
RESOURCES DEVOTED TO NON-HOMELAND SECURITY MISSIONS AT THE DEPARTMENT
The Committee discontinues the reporting requirement
mandated in Senate Report 108-86 on resources devoted to non-
homeland security missions. This information is detailed in the
annual congressional justification accompanying the President's
budget.
SMALL VESSEL SECURITY STRATEGY
The Department's recently released strategy to enhance
small vessel security refers to an ``implementation plan to
provide detailed direction to DHS agencies on how to achieve
the major goals outlined in this strategy.'' The appropriate
Departmental officials shall brief the Committee no later than
March 3, 2009, on specific actions taken or planned (including
resources) to carry out the objectives of the plan. The
briefing shall also address progress made and resources
necessary to develop reliable technology to detect and prevent
small vessels from carrying out a terrorist attack.
ENERGY FUNDING SHORTFALL
The Committee notes that due to rising fuel prices many
departmental components are absorbing significant costs,
impacting border and maritime security and other law
enforcement activities. The appropriate departmental officials
shall brief the Committee by July 25, 2008, on plans to address
these shortfalls.
PRESIDENTIAL TRANSITION
The fiscal year 2007 Supplemental Appropriations Act
(Public Law 110-28) included funds for DHS to award a grant or
contract to the National Academy of Public Administration
[NAPA] to study DHS' senior staffing levels and structure to
determine if the Department and its components will be able to
function effectively when the change in administration occurs
in 2009. The report was released to the public in June 2008.
With regard to the Department's executive staff, NAPA
recommends that DHS: ensure that Senior Executive Service [SES]
allocations consider the need for executives in the field; fill
vacant SES positions quickly; fill all deputy positions,
various FEMA positions, and other key positions with career
executives; and work with Congress to consider converting
certain ``Presidential appointment with Senate confirmation''
positions to statutory term appointments. NAPA makes several
other recommendations for the Department related to the
upcoming transition. The Committee supports these
recommendations and expects the Secretary to comply with them.
Office of the Under Secretary for Management
Appropriations, 2008\1\................................. $150,238,000
Budget estimate, 2009................................... 320,093,000
Committee recommendation................................ 310,803,000
\1\Excludes a rescission of $5,000,000 pursuant to Public Law 110-161.
The Under Secretary for Management oversees management and
operations of the Department, including procurement and
acquisition, human capital, and property management. The
specific activities funded by this account include the
Immediate Office of the Under Secretary for Management, the
Office of Security, the Office of the Chief Procurement
Officer, the Office of the Chief Human Capital Officer, and the
Office of the Chief Administrative Officer.
COMMITTEE RECOMMENDATIONS
The Committee recommends $310,803,000 for the Office of the
Under Secretary for Management.
The specific levels recommended by the Committee, as
compared to the fiscal year 2008 and budget request levels, are
as follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2008 enacted\1\ 2009 budget Committee
request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management....... 2,012 2,654 2,654
Office of Security........................................... 53,490 60,882 60,882
Office of the Chief Procurement Officer...................... 28,495 42,003 39,003
Office of the Chief Human Capital Officer:
Salaries and Expenses.................................... 8,811 31,827 30,537
Human Resources.......................................... 10,000 15,000 10,000
Office of the Chief Administrative Officer:
Salaries and Expenses.................................... 41,430 41,727 41,727
Nebraska Avenue Complex [NAC]............................ 6,000 6,000 6,000
St. Elizabeths Project................................... ............... 120,000 120,000
--------------------------------------------------
Total, Office of the Under Secretary for Management.... 150,238 320,093 310,803
----------------------------------------------------------------------------------------------------------------
\1\Excludes a rescission of $5,000,000 pursuant to Public Law 110-161.
IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
The Committee provides $2,654,000 for the Immediate Office
of the Under Secretary, $642,000 above the fiscal year 2008
level and the same level as proposed in the budget.
OFFICE OF SECURITY
The Committee provides $60,882,000 for the Office of
Security, an increase of $7,392,000 above the fiscal year 2008
level and the same level as proposed in the budget.
OFFICE OF THE CHIEF PROCUREMENT OFFICER
The Committee recommends $39,003,000 for the Office of the
Chief Procurement Officer [OCPO], $10,508,000 above the fiscal
year 2008 level and $3,000,000 below the request level. The
Committee provided significant resources to hire an additional
66 procurement personnel in fiscal year 2008. As of March 31,
2008, the OCPO was 36 percent below its authorized on-board
levels. Funding has been provided below the request due to a
large gap between funded full-time equivalents [FTEs] and on-
board personnel. The Committee encourages the OCPO to use
section 505 authority of this act, which provides that up to 50
percent of unobligated balances remaining at the end of fiscal
year 2008 from appropriations made for salaries and expenses
shall remain available through fiscal year 2009 subject to
reprogramming guidelines.
RELIANCE ON CONTRACTORS
The Committee continues to be concerned with the
Department's reliance on contractors to perform functions more
appropriate for in-house Federal employees or to perform
functions closely supporting inherently governmental functions.
Without stronger oversight, the risk of Government decisions
being influenced by, rather than independent from, contractor
judgments increases. When the Department was first established
in 2003, relying on contractors to assist in the merger of
multiple Government functions was expected. However, the
Government Accountability Office [GAO] reported in 2007 (GAO-
07-990), that the Department continues to rely heavily on
contractors to fulfill its mission needs with little emphasis
on assessing the risk and ensuring management control and
accountability. Data provided by the Department suggests this
pattern continues. For departmental operations alone, the
number of contractors exceeds the number of Federal employees
(approximately 1,400 to 1,340). The Department has provided
assurances that an optimum balance between requirements being
performed by Federal employees and contractors will be reached.
Yet, out of the 1,400 contractors in departmental management
offices, none will be converted to FTEs in fiscal year 2008 and
only 35 conversions are planned in fiscal year 2009.
The Department's reliance on contractors has also created a
void of in-house programmatic experts and institutional
knowledge that is critical to meet current and future
challenges. The cost of a large contractor workforce also
places a significant fiscal burden on departmental operations.
In the Office of Intelligence, for example, a contractor costs
60 percent more than a Federal employee. Given its use of
contractors to provide selected services, it is critical for
DHS to strategically address workforce deployment and determine
the appropriate role of contractors in meeting its mission. In
reviewing four types of professional and management support
services provided by contractors at DHS, GAO concluded that
until the Department develops the staff and expertise needed to
oversee selected services, it will continue to risk
transferring Government responsibility to contractors. Now, in
its sixth year of existence, the Department should
aggressively: (1) establish strategic level guidance for
determining the appropriate mix of Government and contractor
employees to meet mission needs; (2) assess the risk of
selected contractor services, and modify existing acquisition
guidance and training to address when to use and how to oversee
those services; (3) assess program office staff and expertise
necessary to provide sufficient oversight of selected
contractor services; and (4) establish an aggressive plan to
convert contract functions to in-house functions where
appropriate. The Department should also consider projected
savings or costs of replacing contractor positions with full-
time Government employees. The Under Secretary is to brief the
Committee no later than March 30, 2009, on efforts to meet
these objectives, including conversions achieved and projected
by fiscal year.
OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER
The Committee recommends $40,537,000 and 79 FTE for the
Office of the Chief Human Capital Officer [OCHCO], $21,726,000
above the fiscal year 2008 level and $6,290,000 below the
request level. The recommendation includes a total of
$18,806,000 to maintain current services, including the
transfer of $17,131,000 from the Office of the Chief
Information Officer for the Human Resources Information
Technology program. The recommendation fully funds the request
for an additional $5,500,000 and three FTE to implement the
Department's learning and development strategy. The
recommendation maintains a total of $10,000,000 to address the
poor results in the 2006 Federal Human Capital Survey and the
2007 internal DHS employee survey, $5,000,000 below the
request. These funds shall be spent on programs that directly
address the shortcomings identified in these surveys or in
subsequent surveys in which DHS employees participate. Such
programs may include gap analysis of mission critical
occupations, hiring and retention strategies, robust diversity
programs, and Department-wide learning and development
programs. The recommendation denies $1,290,000 and seven FTE
for Federal law enforcement training accreditation within the
OCHCO. Funding to support the accreditation process remains
within the Federal Law Enforcement Training Center [FLETC]
appropriation.
A general provision is included prohibiting funds for the
development, testing, deployment, or operation of any portion
of a human resources management system authorized by 5 U.S.C.
9701(a), or by regulations prescribed pursuant to such section,
for an ``employee'' as defined in 5 U.S.C. 7103(a)(2).
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER
The Committee provides $167,727,000, an increase of
$120,297,000 above the fiscal year 2008 level, and the same as
the budget request. Funding above the fiscal year 2008 level is
provided to: (1) meet administrative needs at DHS headquarters
and non-legacy components; (2) to continue to consolidate and
integrate its headquarters operations and specific program
components at the Nebraska Avenue Complex in Washington, DC;
and (3) begin consolidating DHS components at the St.
Elizabeths campus.
DHS CONSOLIDATED HEADQUARTERS PROJECT
The Committee recommends $120,000,000 for the DHS
Consolidated Headquarters Project at the St. Elizabeths campus,
as requested in the budget. The Committee supports the
Department's efforts to consolidate DHS headquarters
facilities, which are currently located in approximately 40
locations and 70 buildings throughout the National Capital
Region. The Committee directs the Department to provide
periodic briefings on the consolidation project. The National
Capital Planning Commission, which holds approval authority
over the consolidation project, has raised concerns over the
size of the project (4,500,000 square feet) and its impact on
the sites' historic significance. Further, concerns have been
raised by the Environmental Protection Agency related to the
Environmental Impact Statement for the project. The briefings
shall address how these concerns are being resolved as well as
any other adjustments being made to the schedule and cost of
the project.
NEBRASKA AVENUE COMPLEX
The Department is no longer required to submit semiannual
reports detailing costs incurred in maintaining and improving
the condition of these facilities. The content of these
reporting requirements, which were modified by language
contained in Senate Report 110-84, shall be delivered to the
Committee in a briefing no later than 60 days after the date of
enactment of this act. This briefing should also include an
overview of the anticipated spend plan activity for the funds
appropriated for this purpose.
Office of the Chief Financial Officer
Appropriations, 2008........................... $31,300,000
Budget estimate, 2009................................... 56,235,000
Committee recommendation................................ 56,235,000
The Office of the Chief Financial Officer is responsible
for the fiscal management and financial accountability of the
Department of Homeland Security. The Office of the Chief
Financial Officer provides guidance and oversight of the
Department's budget execution while ensuring that funds are
allocated and expended in accordance with relevant laws and
policies. The specific activities funded by this account
include the Budget Division, Office of Performance Analysis and
Evaluation, Office of Financial Management, Resource Management
Transition Office, and the Office of the Government
Accountability Office/Office of Inspector General Liaison.
COMMITTEE RECOMMENDATIONS
The Committee recommends $56,235,000 for the Office of the
Chief Financial Officer [OCFO], an increase of $24,935,000 from
the fiscal year 2008 level and the same level as proposed in
the budget request. The recommendation includes funding for pay
and non-pay inflation, adjustments to base, as well as program
increases for Transformation and Systems Consolidation [TASC],
fiscal oversight of DHS grant awards, and analysis and support
for the Quadrennial Homeland Security Review.
TRANSFORMATION AND SYSTEMS CONSOLIDATION
The Committee recommendation includes $19,200,000 for the
OCFO to migrate DHS component financial systems to a shared
software baseline known as TASC. While the full request is
provided, the Committee notes that a recent court decision has
placed migration timing in doubt. The United States Court of
Federal Claims prevented DHS from pursuing TASC ``until DHS
conducts a competitive procurement in accordance with the law
to select financial management systems application software.''
The OCFO still estimates that funding for fiscal year 2009 is
necessary for component migrations, however dependable
timelines will not be known until the competitive award is
made. Therefore, the Committee will continue to monitor the
need for TASC resources for fiscal year 2009. The OCFO is to
brief the Committee no later than September 15, 2008, on its
progress to establish a more reliable acquisition timeline. The
Committee expects the OCFO to comply with the recommendations
made by the DHS Inspector General in report OIG-08-47, which
are intended to improve DHS' strategy to consolidate the
Department's financial systems.
ANNUAL APPROPRIATIONS JUSTIFICATIONS
The Committee directs the OCFO to ensure annual
appropriations justifications are prepared for each component
within the Department in support of the President's budget, as
submitted under section 1105(a) of title 31, United States
Code. The OCFO is directed to include detailed information by
appropriations account, program, project, and activity, on all
reimbursable agreements, and significant uses of the Economy
Act for each fiscal year. Additionally, the OCFO shall ensure
that the congressional justifications for the Department
accompanying the President's fiscal year 2010 budget request
include a status report of overdue Committee reports, plans,
and other directives. One standard format needs to be adopted
by all offices and agencies and inserted in the justifications
reflecting the status of congressional directives for each of
fiscal years 2007 through 2009.
BUDGET EXECUTION AND STAFFING REPORT
The Committee includes bill language requiring the
Department to continue submitting to the House and Senate
Committees on Appropriations a monthly budget execution report
showing the status of obligations and costs for all components
of the Department and on-board staffing levels (Federal
employees and contractors). The report shall include the total
obligational authority appropriated (new budget authority plus
unobligated carryover), undistributed obligational authority,
amount allotted, current year obligations, unobligated
authority (the difference between total obligational authority
and current year obligations), beginning unexpended
obligations, year-to-date costs, and ending unexpended
obligations. This budget execution information is to be
provided at the level of detail shown in the tables displayed
at the end of this report for each departmental component and
the Working Capital Fund. This report shall be submitted no
later than 45 days after the close of each month.
MODIFICATION TO REPROGRAMMING GUIDELINES
Section 503(d) includes language making clear that
reprogramming requests need only be submitted to the Committee
prior to June 30 and not necessarily acted on by the Committee
prior to June 30.
Office of the Chief Information Officer
Appropriations, 2008.................................... $295,200,000
Budget estimate, 2009................................... 247,369,000
Committee recommendation................................ 274,669,000
The Office of the Chief Information Officer is responsible
for the development and acquisition of information technology
equipment, software, and services.
COMMITTEE RECOMMENDATIONS
The Committee recommends $274,669,000, of which $86,928,000
is for salaries and expenses, and $187,741,000 is to be
available until expended for Department-wide technology
investments overseen by the Office of the Chief Information
Officer [CIO].
The specific levels recommended by the Committee, as
compared to the fiscal year 2008 and budget request levels, are
as follows:
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses..................................... 81,000 86,928 86,928
Information Technology Services........................... 56,200 42,445 47,445
Security Activities....................................... 124,900 70,323 92,623
Homeland Secure Data Network.............................. 33,100 47,673 47,673
-----------------------------------------------------
Total, Office of the Chief Information Officer...... 295,200 247,369 274,669
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
Included in the amount recommended by the Committee is
$86,928,000 as requested in the budget, to support the ongoing
maintenance and operations of infrastructure capabilities to
ensure continuous communication and continuity of operations.
INFORMATION TECHNOLOGY SERVICES
The Committee recommends $47,445,000 for Information
Technology Services, an increase of $5,000,000 above the
request. The Committee continues to believe DHS should
coordinate links between its component agencies and make
information technology investments that align with the
Department's Enterprise Architecture. Pursuant to prior
Committee direction and DHS Management Directive 0007.1, of the
amount provided, $2,000,000 is for more efficient and robust
administration of this activity.
Within the National Protection and Programs Directorate
account, the administration is requesting funds for a new
information sharing initiative, the National Command and
Coordination Capability [NCCC]. However, the administration has
not been able to provide strategic planning documents to
support NCCC, has not shown how or if end users have been
consulted in establishing NCCC's program requirements, nor
defined its full operational capability. The Committee
recommends $3,000,000 for CIO enterprise architecture oversight
and development assistance for this effort.
The Committee includes the transfer of the Human Resources
Information Technology Program to the Office of the Chief Human
Capital Officer, as requested in the budget.
FEDERAL INFORMATION SECURITY AND MANAGEMENT ACT
The Committee congratulates the Chief Information Officer
for leading the Department to a grade of ``B'' on the House
Committee on Oversight and Government Reform computer security
scorecard, up from a ``D'' in fiscal year 2006 and an ``F'' in
the prior 3 years. This enhanced compliance with the Federal
Information Security Management Act [FISMA] may be a marker of
enhanced computer security at the Department, but as most
computer security managers suggest, more than FISMA compliance
is needed to help assure information security. The Committee
directs the Department to report by April 1, 2009, on the
specific status of the Department as a whole and each component
individually on compliance with FISMA, resource requirements
needed to achieve full compliance, and any further steps
necessary to protect the information it manages.
SECURITY ACTIVITIES
The Committee recommends $92,623,000 for Security
Activities, an increase of $22,300,000 above the budget
request. Security Activities include Federal terrorist watch
list integration, information security activities, and data
center development.
NATIONAL CENTER FOR CRITICAL INFORMATION PROCESSING AND STORAGE
The Committee recommends $46,130,000 within Security
Activities for data center development. This includes the
budget request level (which includes operation and maintenance
costs for the National Center for Critical Information
Processing and Storage [NCCIPS] and the second data center) and
an additional $22,300,000 solely to be used to support
transition of Department systems to NCCIPS, to support the dual
cost of operation and maintenance during the transition, and to
develop a sharable common operating environment. NCCIPS is a
federally owned and managed facility established to reduce
Federal data center costs and to protect critical Federal
information.
The Committee also includes language in the bill
withholding the availability of $200,000,000 for obligation
until the Department of Homeland Security submits to the
Committee the report on data center transition required by
Senate Report 110-84, which is to include: (1) the schedule for
data transition by Department component; (2) costs required to
complete the transition by fiscal year; (3) identification of
items associated with the transition required to be procured
and the related procurement schedule; and (4) the
identification of any transition costs provided in fiscal years
2007 and 2008. The report submitted should separate these
requirements and costs by data center and include fiscal year
2009 data.
Consistent with section 888 of Public Law 107-296, the
Committee instructs the Department to implement the
consolidation plan in a manner that shall not result in a
reduction to the Coast Guard's Operations Systems Center
mission or its Government-employed or contract staff levels. A
general provision is included for this purpose.
HOMELAND SECURE DATA NETWORK
Included in the amount recommended by the Committee is
$47,673,000, as requested in the budget, for the Homeland
Secure Data Network.
Analysis and Operations
Appropriations, 2008\1\................................. $306,000,000
Budget estimate, 2009................................... 333,262,000
Committee recommendation\2\............................. 320,200,000
\1\Excludes a rescission of $8,700,000 pursuant to Public Law 110-161.
\2\Excludes a rescission of $2,500,000.
The account supports activities to improve the analysis and
sharing of threat information, including activities of the
Office of Intelligence and Analysis and the Office of
Operations Coordination.
COMMITTEE RECOMMENDATIONS
The Committee recommends $320,200,000 for Analysis and
Operations. This is an increase of $14,200,000 from the fiscal
year 2008 level and a decrease of $13,062,000 from the budget
request. The details of these recommendations are included in a
classified annex accompanying this report.
DHS INTELLIGENCE EXPENDITURE PLAN
No later than 60 days after the date of enactment of this
act, the Secretary shall submit a fiscal year 2009 expenditure
plan for the Office of Intelligence and Analysis [I&A],
including balances carried forward from prior years, that
includes the following: (1) fiscal year 2009 expenditures and
staffing allotted for each program, as identified in the March
2008 expenditure plan submitted to the Committee, as compared
to each of years 2007 and 2008; (2) all funded versus on-board
positions, including Federal full-time equivalents [FTE],
contractors, and reimbursable and non-reimbursable detailees;
(3) an explanation for maintaining contract staff in lieu of
Government FTE; (4) a plan, including dates or timeframes for
achieving key milestones, to reduce the office's reliance on
contract staff in lieu of Federal FTE; (5) funding, by object
classification, including a comparison to fiscal years 2007 and
2008; and (6) the number of I&A funded employees supporting
organizations outside I&A and within DHS.
STATE AND LOCAL FUSION CENTERS
The Committee directs the Department's Chief Intelligence
Officer to continue quarterly updates to the Committees on
Appropriations that detail progress in placing DHS intelligence
professionals in State and local fusion centers. These reports
shall include: the qualification criteria used by DHS to decide
where and how to place DHS intelligence analysts and related
technology; total Federal expenditures to support each center
to date and during the most recent quarter of the current
fiscal year, in the same categorization as materials submitted
to the Committees on Appropriations on March 23, 2007; the
location of each fusion center, including identification of
those with DHS personnel, both operational and planned; the
schedule for operational stand-up of planned fusion centers and
their locations; the number of DHS-funded employees located at
each fusion center, including details on whether the employees
are contract or government staff; the privacy protection
policies of each center, including the number of facility
personnel trained in Federal privacy, civil rights, and civil
liberties laws and standards; and the number of local law
enforcement agents at each center approved or pending approval
to receive and review classified intelligence information.
Office of the Federal Coordinator for Gulf Coast Rebuilding
Appropriations, 2008.................................... $2,700,000
Budget estimate, 2009................................... 291,000
Committee Recommendation................................ 2,700,000
The Office of the Federal Coordinator for Gulf Coast
Rebuilding was established to further strengthen Federal
support for the recovery and rebuilding of the Gulf Coast
region affected by Hurricane Katrina and Hurricane Rita.
COMMITTEE RECOMMENDATIONS
The Committee provides $2,700,000 for the Office of the
Federal Coordinator for Gulf Coast Rebuilding. The Office is
directed to provide a fiscal year 2009 expenditure plan no
later than April 1, 2009. The expenditure plan should clearly
articulate how the Office will proactively help the gulf coast,
including supporting Federal agency cooperation, and promoting
expedited housing solutions.
Office of Inspector General
Appropriations, 2008\1\................................. $92,711,000
Budget estimate, 2009................................... 101,013,000
Committee recommendation\2\............................. 96,013,000
\1\Excludes $16,000,000 made available from FEMA Disaster Relief in
Public Law 110-161.
\2\Excludes $16,000,000 made available from FEMA Disaster Relief.
This account finances the Office of Inspector General's
activities, including audits, inspections, investigations and
other reviews of programs and operations of the Department of
Homeland Security to promote economy, efficiency, and
effectiveness and to prevent and detect fraud, waste, and
abuse.
COMMITTEE RECOMMENDATIONS
The Committee recommends $96,013,000 for the Office of
Inspector General [OIG] for fiscal year 2009. In addition, the
Committee includes bill language transferring $16,000,000
needed by the OIG for audits and investigations related to
natural disasters from the Disaster Relief Fund [DRF]. The OIG
is required to notify the Committee no less than 15 days prior
to all transfers from the DRF.
The Committee is pleased that the Secretary, pursuant to
Public Law 110-161, established a direct link to the DHS OIG on
the DHS website. The Committee directs the Secretary to update
and maintain the website.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SUMMARY
U.S. Customs and Border Protection is responsible for
enforcing laws regarding admission of foreign-born persons into
the United States, and ensuring that all goods and persons
entering and exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of
$11,201,994,000, including direct appropriations of
$9,753,849,000 and estimated fee collections of $1,448,145,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and Expenses................................. \2\6,802,560 7,309,354 \3\7,536,314
Automation Modernization.............................. 476,609 511,334 511,334
Broder Security Fencing Infrastructure, and Technology \4\1,225,000 775,000 775,000
[BSFIT]..............................................
Air and Marine Interdiction, Operations, Maintenance, \5\570,047 528,000 528,000
and Procurement......................................
Construction.......................................... \6\348,363 363,501 403,201
-----------------------------------------------------
Total, Appropriations............................... 9,422,579 9,487,189 9,753,849
=====================================================
Estimated fee collections:
Immigration inspection user fees...................... 535,291 570,059 570,059
Immigration enforcement fines......................... 3,440 3,331 3,331
Land border inspection fees........................... 30,121 26,880 26,880
COBRA fees............................................ 392,180 410,666 410,666
APHIS inspection fees................................. 299,622 333,433 333,433
Puerto Rico Trust Fund................................ 117,214 96,719 96,719
Small airport user fee................................ 7,057 7,057 7,057
-----------------------------------------------------
Total, Estimated fee collections.................... 1,384,925 1,448,145 1,448,145
=====================================================
Total, U.S. Customs and Border Protection, Available 10,807,504 10,935,334 11,201,994
Funding............................................
----------------------------------------------------------------------------------------------------------------
\1\Includes $1,531,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
\2\Includes $323,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
\3\Excludes a rescission of $13,000,000.
\4\Includes $1,053,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
\5\Includes $94,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
\6\Includes $61,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
SALARIES AND EXPENSES
Appropriations, 2008\1\................................. $6,802,560,000
Budget estimate, 2009................................... 7,309,354,000
Committee recommendation\2\............................. 7,536,314,000
\1\Includes $323,000,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
\2\Excludes a rescission of $13,000,000.
The U.S. Customs and Border Protection [CBP] Salaries and
Expenses appropriation provides funds for border security,
immigration, customs, agricultural inspections, regulating and
facilitating international trade, collecting import duties, and
enforcing U.S. trade laws. In addition to directly appropriated
resources, fee collections are available for the operations of
CBP from the following sources:
Immigration Inspection User Fees.--CBP collects user fees
to fund the costs of international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Enforcement Fines.--CBP collects fines from owners of
transportation lines and persons for unauthorized landing of
aliens, as authorized by the Immigration and Nationality Act (8
U.S.C. 1356).
Land Border Inspections Fees.--CBP collects fees for
processing applications for the Dedicated Commuter Lanes
program, the Automated Permit Ports program, the Canadian
Border Boat Landing program, and both Canadian and Mexican Non-
Resident Alien Border Crossing Cards, as authorized by the
Immigration and Nationality Act (8 U.S.C. 1356).
Consolidated Omnibus Budget Reconciliation Act [COBRA]
Fees.--CBP collects fees for inspection services involving
customs related functions. The COBRA user fee statutory
authority (19 U.S.C. 58c) specifies the types of expenses to be
reimbursed and the order for the reimbursement of these types
of expenses.
Animal and Plant Health Inspection Service Inspection
Fees.--CBP receives as a transfer a distribution of agriculture
inspection fees collected by the United States Department of
Agriculture. The user fees, as authorized by the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136), are charged to offset costs for the services related to
the importation, entry, or exportation of animals and animal
products.
Puerto Rico Trust Fund.--Customs duties, taxes, and fees
collected in Puerto Rico by CBP are deposited in the Puerto
Rico Trust Fund. After providing for the expenses of
administering CBP activities in Puerto Rico, the remaining
amounts are transferred to the Treasurer of Puerto Rico
pursuant to 48 U.S.C. sections 740 and 795.
Small Airport User Fee.--The User Fee Airports Program
authorized under 19 U.S.C. 58b and administered under 19 U.S.C.
58c(b)(9)(A)(i), authorizes inspection services to be provided
to participating small airports on a fully reimbursable basis.
The fees charged under this program are set forth in a
Memorandum of Agreement between the small airport facility and
the agency, and may be adjusted annually as costs and
requirements change.
COMMITTEE RECOMMENDATIONS
The Committee recommends $7,536,314,000 for salaries and
expenses of U.S. Customs and Border Protection [CBP] for fiscal
year 2009, including $3,154,000 from the Harbor Maintenance
Trust Fund. Included in this amount is a decrease of
$475,115,000 in termination of one-time costs and management
efficiencies, and an increase of $251,977,000 in annualizations
for the fiscal year 2007 supplemental and fiscal year 2008 pay
raise, the fiscal year 2009 pay raise, and non-pay inflation
program increases. The Committee includes bill language making
available up to $150,000 for payment for rental space for
preclearance operations; and $1,000,000 for payments to
informants. The Committee also includes bill language placing a
$35,000 annual limit on overtime paid to any employee and a
rescission of $13,000,000 from unobligated balances under this
heading in Public Law 110-161.
INCREASED BORDER PATROL AGENTS
Since Congress began increasing the size of the Border
Patrol by funding the hiring of 500 new agents in the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Tsunami Relief, 2005 (Public Law 109-13), a total
of 7,000 new Border Patrol agents, and attendant support
positions, will have been funded and hired through the end of
fiscal year 2008. The President's budget requests funds to hire
and train an additional 2,200 agents in fiscal year 2009. The
Congress strongly supports the Border Patrol mission of
securing our borders and fully funds the request.
Included in the amount recommended by the Committee for
``Border Security and Control'' is a total of $3,440,505,000,
22,787 positions, and 21,466 full-time equivalents [FTE], as
requested in the budget. This is an increase of $442,432,000,
2,643 positions, and 1,321 FTE, and supports 2,200 new Border
Patrol agents and 441 operational/mission support personnel.
These additional funds will bring the total strength of the
Border Patrol to 20,019 agents by the end of fiscal year 2009,
as compared with the 12,319 agents on board at the beginning of
fiscal year 2007.
Also included in the amount recommended by the Committee is
$83,000,000, 10 positions, and nine FTE, as requested in the
budget, for transportation and delivery of apprehended illegal
aliens to detention facilities on the Mexican border.
BORDER PATROL AGENTS ON THE NORTHERN BORDER
The Secretary of Homeland Security, Michael Chertoff, was
widely quoted in early February, 2008, saying that one of his
deepest fears is terrorists entering the United States from
Canada. ``It's been much more than a dozen'' people linked to
al Qaeda, Hezbollah, and other extremists who have tried to
enter the United States through the Northern border. ``I think
we've been more concerned about Canada as a platform than
Mexico.''
This is one of the many reasons why the Congress has
required expansion of the Border Patrol's presence on the
Northern border. The Intelligence Reform Act authorized an
increase of Border Patrol agents on the Northern border by 20
percent of the net increase of agents in fiscal year 2008.
Unfortunately, the Border Patrol is not going to meet that
target this year. But, the Committee notes that the Chief of
the Border Patrol, working with the Northern Border Sector
Chiefs, has developed a Northern border staffing plan. The
Border Patrol has an approved staffing model for the Northern
border which will increase the number of Border Patrol agents
to 2,212 by the end of 2009. This represents a 700 percent
increase in manpower from pre-2001 staffing levels and is
incremental in nature which is ideal for continuity of
operations. In order to meet this goal, the Border Patrol is
proposing to transfer ``up to'' 440 veteran agents from other
parts of the country to the Northern border.
The Committee is aware of the difficulty the Border Patrol
is experiencing in recruiting agents to transfer to the
Northern border. Agents have experienced difficulties selling
houses on the Southern border and, in certain more remote
Northern locations, there is a lack of infrastructure to
support agents with young families. The Committee directs CBP
and the Office of the Border Patrol to develop a strategy to
address these obstacles and brief the Committee on its findings
and requirements no later than 60 days after the date of
enactment of this act.
END OF OPERATION JUMP START
Two years ago, in an effort to start securing our border
while thousands of new Border Patrol agents were being hired
and trained, the President announced Operation Jump Start and
committed the deployment of 6,000 National Guard personnel to
the Southwest border. These men and women were intended to
support existing Border Patrol agents by performing a variety
of non-law enforcement and support tasks, thus freeing up the
agents to actually patrol the border. This mission will end on
July 15, 2008. Unfortunately, while new agents have been hired
and trained in the interim, the necessary mission support
personnel, which have been fully funded by the Congress, have
not been hired. Once again, CBP has missed an opportunity to
remedy a long-standing problem.
As National Guard troops depart, Border Patrol agents again
will be required to undertake support functions such as
repairing physical infrastructure, manning cameras and ground
sensors, and other tasks. In response to questions for the
record from the March 4, 2008, hearing with Secretary Chertoff,
he noted his dissatisfaction with the pace of support hiring to
date and testified that plans were in place to hire ``new
support personnel.'' In the strongest terms possible, the
Committee directs CBP to hire the previously funded mission
support personnel so that the Border Patrol agents can return
to their proper role of securing the border.
CONDUCT AND INTEGRITY OVERSIGHT
Over the last 3 years, CBP has hired over 10,400 new
personnel, a 25 percent increase since fiscal year 2006. In
order to support long-term border security efforts and avoid
fraud, the Committee believes it is important to keep in front
of any possible increase in workforce fraud by hiring
additional agents who will investigate cases of fraud and other
illegal activities. The Committee recommends a total of
$16,400,000, 90 positions, and 75 FTE, an increase of
$5,300,000, 29 positions, and 15 FTE above the fiscal year 2008
level, and $500,000, 3 positions, and 2 FTE above the request,
to conduct these integrity investigations.
PASSENGER SCREENING AT LAND PORTS OF ENTRY
The explosive growth of legitimate passenger travel across
our land borders continues to place significant stress on the
men and women who conduct these inspections. Based on internal
CBP workforce staffing models, which use criteria such as
passenger volume, processing times, facility constraints,
number of lanes, threat and risk factors, and overtime, there
is a requirement for nearly 1,000 additional CBP Officers to
conduct passenger processing activities at our land border
ports of entry. Additional officers will provide an increased
capability to identify and address potential threats such as
the transportation of explosives, improvised explosive devices,
or other harmful weapons. While the proposed increase
represents only a fraction of the true need at our land ports
of entry, it is at least a step in the right direction. The
Committee recommends $554,372,000, 8,445 positions, and 8,328
FTE, an increase of $25,000,000, 234 positions, and 117 FTE
above the fiscal year 2008 level, as requested in the budget.
PASSENGER SCREENING AT AIRPORTS
As discussed above in regard to screening at the land ports
of entry, there is a concomitant requirement for similar
increases in officers to conduct passenger and cargo processing
activities at the Nation's international airports. In fact, the
tremendous growth in international air travel in the years
following the 9/11 attacks may require even greater increases.
In the Department of Homeland Security Appropriations Act,
2008, Congress provided funds to hire an additional 200 CBP
officers to be posted to the top 20 airports with the highest
volume of foreign visitors. The Committee is convinced that
growth in the U.S. economy depends in no small measure on
international travel and encourages inclusion of funds in the
fiscal year 2010 budget request for robust staffing increases
at both land and air ports of entry.
AGRICULTURE SPECIALISTS
The Committee notes that CBP continues to make progress
hiring Agricultural Specialists, but more work remains. In
fiscal year 2007, CBP hired 179 Agricultural Specialists and
plans to hire an additional 137 more in fiscal year 2008. CBP
is working in partnership with the U.S. Department of
Agriculture [USDA] to determine the number of additional
Agricultural Specialists needed. CBP expects this effort will
contribute to a sounder basis for using the workforce staffing
model to determine the optimal staffing levels for Agricultural
Specialists at ports-of-entry. The Committee supports
continuation of this effort.
LAW ENFORCEMENT OFFICER RETIREMENT
The Committee recommends an additional $200,000,000 to
fully fund the new law enforcement officer retirement program
for CBP officers enacted into law in section 535 of Public Law
110-161. The President's budget proposes instead to repeal this
section. Contrary to this short-sighted decision, this new
benefit will have a major positive impact on the ability of CBP
to recruit and retain its highly trained, professional
workforce. The brave men and women who daily protect our
borders, processing passengers entering the United States,
while facing all manner of potential threats, deserve nothing
less.
RADIATION PORTAL MONITOR STAFFING
Included in the amount recommended by the Committee is
$42,532,000, 350 positions, and 192 FTE, for inspection and
detection technology, an increase of $35,500,000, 295
positions, and 137 FTE, as proposed in the budget, to expand
the number of inspectors at ports to staff radiation portal
monitors [RPMs]. Included in the total is $8,200,000 for
operations and maintenance of RPMs.
AIR AND MARINE STAFFING
Included in the amount recommended by the Committee is a
total of $271,679,000, 1,801 positions, and 1,691 FTE. This
represents an increase of $4,000,000, 24 positions, and 12 FTE,
above the fiscal year 2008 level, as requested in the budget.
Additionally, it is an increase of $17,400,000, 115 positions,
and 58 FTE above the request, to fully staff the 11 new Marine
Enforcement Units established in the Department of Homeland
Security Appropriations Act, 2008 (Public Law 110-161).
REPLACE OBSOLETE NON-INTRUSIVE INSPECTION IMAGING SYSTEMS
Well before the 9/11 terrorist attacks, Congress funded the
purchase of both large and small scale non-intrusive inspection
[NII] equipment for the U.S. Customs Service and now CBP.
Knowing the importance of this equipment to CBP's layered
border enforcement strategy, it is puzzling that only now is
CBP proposing to begin building into its base budget a program
for replacing obsolete NII equipment. The Committee understands
CBP possesses in excess of 3,100 small scale NII systems and
the funds requested in the budget will replace 284--or less
than 10 percent--of these systems which are over 10 years old
and nearing the end of their life cycle. The Committee
recommends $10,000,000, as requested in the budget, and
strongly encourages CBP to develop a fully funded, long-term
replacement strategy for these small-scale systems.
WESTERN HEMISPHERE TRAVEL INITIATIVE
Because of significant concerns about the Department's
rushing to implement the Western Hemisphere Travel Initiative
[WHTI] without conducting proper testing and ensuring
appropriate safeguards, as well as a perceived lack of adequate
information being made available to United States, Canadian,
and Mexican citizens, the Congress passed legislation on two
occasions delaying full implementation of WHTI until certain
specific conditions were met. It appears that these legislative
limitations helped to focus the Department's attention on
implementing WHTI the right way, not just the fast way.
WHTI is scheduled to become fully operational on June 1,
2009, assuming all of the previously enacted legislative
conditions have been met. In order to ensure that progress
continues to be made, the Committee recommends a total of
$139,973,000, 294 positions, and 250 FTE, as requested in the
budget. This is an increase above the fiscal year 2008 level of
$106,900,000, 89 positions, and 45 FTE. The Committee directs
the Office of Policy to provide quarterly briefings on the
status of WHTI implementation beginning no later than 30 days
after the date of enactment of this act.
AUTOMATED TARGETING SYSTEM--PASSENGER
The Automated Targeting System [ATS] is a web-based
enforcement and decision support tool that is the cornerstone
for all of CBP's targeting efforts. ATS-Passenger [ATS-P] has
been operational since 1999. ATS-P focuses on passengers and
incorporates intelligence information and technologies to allow
officers to focus their efforts on passengers that warrant
further attention. The Committee recommends a total of
$35,149,000, an increase of $5,000,000 above the fiscal year
2008 level, as requested in the budget, for improvements to
ATS-P. The improvements requested in the budget will enhance
services in the field, accommodate increased volume of
passengers and vehicles, provide a simulation and testing
environment to support passenger targeting improvements, and
move toward a true 24/7 system.
VEHICLE REPLACEMENT
The Committee is disappointed that the President's budget
request proposes to replace only 13.5 percent of the CBP fleet
versus the action plan detailed in the April 30, 2007, CBP
Vehicle Fleet Management Plan which recognized that CBP needs
to institute a 5-year replacement cycle and replace at least 20
percent of these vehicles annually. This is not just a
management and funding issue. Given the extreme terrain in
which agents and officers must operate, it is becoming an
officer safety issue. The Committee directs the Department to
include in the fiscal year 2010 budget submission sufficient
funds as well as a plan to replace, at a minimum, 20 percent of
the vehicle fleet on an annual basis.
ENERGY FUNDING SHORTFALL
The Committee notes that due to current gasoline prices,
CBP anticipates an energy funding shortfall in fiscal year 2009
of $25,100,000. The major impact of these costs will fall on
the Border Patrol. This energy crisis is fast becoming a law
enforcement and border security crisis. The Committee
encourages the administration to submit a budget amendment to
adequately fund Border Patrol energy costs in fiscal year 2009.
CBP is directed to brief the Committee by July 25, 2008, on
plans to address the projected shortfall.
CBP INTELLIGENCE PROGRAM
The Committee recommends a total of $54,108,000, 202
positions, and 189 FTE for the intelligence program, as
requested in the budget. This is an increase of $24,000,000, 27
positions, and 14 FTE, over the fiscal year 2008 level. The
requested increase in funds for CBP Intelligence will allow CBP
to meet new analysis and reporting requirements.
CBP REGULATORY PROGRAM
CBP attorneys within Regulations and Rulings have been
responsible for developing important border security
regulations since the creation of CBP. In addition to
maintaining responsibility for the traditional customs
commercial and trade regulations, CBP attorneys have developed
a number of regulatory projects including the first Advance
Passenger Information Systems regulations in 2002 (and revised
in 2005 and 2007), the Trade Act of 2002, Advance Cargo
information regulations in 2003, and the Safe Port Act
regulations to establish requirements for additional entry
level data elements for cargo shipped to the United States. The
Committee recommends a total of $5,719,000, 51 positions, and
45 FTE, an increase of $1,000,000, 12 positions and 6 FTE, as
requested in the budget. The additional funds will enable CBP's
Regulatory Program to hire an additional seven attorneys, two
economists, two paralegals, and one mission support person.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
(INCLUDING 10-PRINT)
The Committee has been a strong supporter of the United
States Visitor and Immigrant Status Indicator Technology [US-
VISIT] program and recognizes the benefits it has brought to
CBP's ability to process international visitors at the Nation's
ports of entry while improving national security at the same
time. Since fiscal year 2003, US-VISIT has provided funding to
CBP for information technology operations and maintenance.
Beginning in fiscal year 2009, CBP has requested funding for
operations and maintenance of US-VISIT within its budget.
Consistent with the budget, this increase to CBP will provide
functionality critical to both US-VISIT and CBP in securing
entry to the United States at the ports of entry and providing
entry and exit information regarding aliens. The Committee
recommends $62,800,000, as requested in the budget, for this
activity.
TEXTILE TRANSSHIPMENT ENFORCEMENT
Included in the amount recommended by the Committee is
$4,750,000 for textile transshipment enforcement, as authorized
by section 352 of the Trade Act of 2002. The Trade Act of 2002
authorizes appropriations for the hiring of 72 positions
between CBP and U.S. Immigration and Customs Enforcement,
including import specialists, auditors, and analytic staff, and
funding has been provided for these positions.
ADVANCED TRAINING CENTER
Included in the amount recommended by the Committee is
$15,606,390, as proposed in the budget, to operate and equip
the Advanced Training Center.
Pursuant to Public Law 106-246, the training to be
conducted at the Center shall be configured in a manner so as
to not duplicate or displace any Federal law enforcement
program of the Federal Law Enforcement Training Center [FLETC].
Training currently being conducted at a FLETC facility shall
not be moved to the Center.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT
The Committee has ensured that, within the amounts provided
for in this account, there will be sufficient funds to
administer the on-going requirements of section 754 of the
Tariff Act of 1930 (19 U.S.C. 1675c), referenced in subtitle F
of title VII of the Deficit Reduction Act of 2005 (Public Law
109-171; 120 Stat. 154).
The Committee directs CBP to continue to work with the
Departments of Commerce and Treasury, and the Office of the
United States Trade Representative (and all other relevant
agencies) to increase collections, and provide a public report
on an annual basis, within 30 days of each year's distributions
under the law. The report should summarize CBP's efforts to
collect past due amounts and increase current collections,
particularly with respect to cases involving unfairly traded
U.S. imports from China. The report shall provide the amount of
uncollected duties for each antidumping and countervailing duty
order, and indicate the amount of open, unpaid bills for each
such order. In that report, the Secretary, in consultation with
other relevant agencies, including the Secretaries of Treasury
and Commerce, should also advise as to whether CBP can adjust
its bonding requirements to further protect revenue without
violating U.S. law or international obligations, and without
imposing unreasonable costs upon importers.
The Committee further directs the Secretary to work with
the Secretary of Commerce to identify opportunities for the
Commerce Department to improve the timeliness, accuracy, and
clarity of liquidation instructions sent to CBP. Increased
attention and interagency coordination in these areas could
help ensure that steps in the collection of duties are
completed in a more expeditious manner.
CUSTOMS REVENUE STAFFING SHORTFALLS
In responding to the staffing ``floors'' for customs
revenue functions contained in the Homeland Security Act of
2002, (Public Law 107-296), as well as the reporting
requirement in section 403 of the SAFE Port Act, CBP has
developed a Resource Optimization Model [ROM] to identify and
track the current and optimal future staffing levels for
employees involved in commercial trade operations. The ROM
projects that to adequately staff the needs for priority trade
functions, the optimal level of staff would be 10,625 in fiscal
year 2009. However, current staffing is at least 25 percent
below the optimal level. CBP has identified the greatest risk
for trade is through a lack of Fines, Penalties, and Forfeiture
[FP&F] Specialists and International Trade Specialists.
Additionally, there is a significant shortage of chemists. The
ROM indicates an optimal level of staffing for all three
positions would be 1,015 in fiscal year 2009, yet approximately
only 388 of those positions are currently on board. In order to
enhance the staffing of these critical positions by 10 percent,
the Committee recommends an additional $4,560,000, 58
positions, and 29 FTE. The Committee directs CBP to provide
quarterly briefings on the progress in meeting this enhanced
staffing level, by position, beginning no later than 60 days
after the date of enactment of this act. Additionally, the
Committee encourages CBP to include in its fiscal year 2010
budget submission a plan to address the significant shortfalls
in all of these customs revenue positions.
AGRICULTURAL PESTS
The Committee notes Hawaii's globally significant natural
environment, as well as the State's important diversified
agricultural industry, are uniquely vulnerable to the
introduction of invasive weeds, animals, insects, and diseases.
The Committee expects the Department to work with the USDA and
the Hawaii Department of Agriculture to share information and
expertise to ensure their respective inspection and quarantine
activities provide coordinated and collaborative biosecurity
protection for the State.
2010 OLYMPICS COORDINATION CENTER
The Committee notes that a CBP official has been designated
the Federal Coordinator for planning of U.S. Government efforts
to support the 2010 Olympics and Paralympic Winter Games. The
May 8, 2008, report on the Olympics effort notes that the 2010
Coordination Center ``will support Incident Command System
Command, and general staff, composed of work group leadership
and core representatives, liaison representatives, a
communications capability, as well as a Joint Information and
Intelligence Fusion Center.'' The report states that the Center
will be located at the CBP air and marine branch in Bellingham,
Washington. The Committee recommends an additional $4,500,000
to support this effort. Of this amount, up to $500,000 may be
used for security training and exercises in preparation for the
Olympics.
The Committee expects CBP to effectively manage security
risks associated with these games. While the Committee provides
funding for key security priorities associated with these
Games, the Department has other responsibilities which will be
impacted. For example, the Department should plan to have
adequate staffing to mitigate the risks associated with an
increase in traveler volume.
RESCISSION OF FUNDS
The Committee has included bill language rescinding
$13,000,000 in funds appropriated to U.S. Customs and Border
Protection, ``Salaries and Expenses'' in the Department of
Homeland Security Appropriations Act, 2008 (Public Law 110-
161).
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2008 2009 budget Committee
enacted\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses:
Headquarters Management and Administration:
Management and administration, border security 619,325 644,351 646,608
inspections and trade facilitation....................
Management and administration, border security and 602,016 622,300 622,550
control between port of entry.........................
------------------------------------------------
Subtotal, Headquarters Management and 1,221,341 1,266,651 1,269,158
Administration....................................
================================================
Border security inspections and trade facilitation at ports
of entry:
Inspections, trade and travel facilitation at ports of 1,854,235 1,834,793 2,041,846
entry.................................................
Harbor maintenance fee collections (trust fund)........ 3,093 3,154 3,154
International Cargo Screening.......................... 156,130 149,450 149,450
Other international programs........................... 10,866 10,984 10,984
Customs Trade Partnership Against Terrorism............ 62,310 64,496 64,496
Free and Secure Trade (FAST)/NEXUS/SENTRI.............. 11,243 11,274 11,274
Inspection and detection technology investments........ 105,027 117,144 117,144
Systems for targeting.................................. 27,580 32,550 32,550
National Targeting Center.............................. 23,950 24,481 24,481
Training............................................... 24,813 24,778 24,778
------------------------------------------------
Subtotal, border security inspections and trade 2,279,247 2,273,104 2,480,157
facilitation at ports of entry......................
================================================
Border security and control between ports of entry:
Border security and control between ports of entry......... 3,022,443 3,440,505 3,440,505
Training................................................... 52,789 74,815 74,815
------------------------------------------------
Subtotal, border security and control between ports of 3,075,232 3,515,320 3,515,320
entry...................................................
================================================
Air and Marine operations, personnel compensation and benefits. 226,740 254,279 271,679
------------------------------------------------
Subtotal, Salaries and Expenses.......................... 6,802,560 7,309,354 7,536,314
Rescission..................................................... .............. .............. -13,000
------------------------------------------------
Total, Salaries and Expenses............................. 6,802,560 7,309,354 7,523,314
----------------------------------------------------------------------------------------------------------------
\1\Includes $323,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
AUTOMATION MODERNIZATION
Appropriations, 2008.................................... $476,609,000
Budget estimate, 2009................................... 511,334,000
Committee recommendation................................ 511,334,000
The automation modernization account includes funds for
major information technology systems and services for U.S.
Customs and Border Protection [CBP], including the Automated
Commercial Environment [ACE] and the International Trade and
Data System projects, and connectivity of and integration of
existing systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends $511,334,000, to be available
until expended, as proposed in the budget, for automation
modernization.
INTERNATIONAL TRADE DATA SYSTEM
Included in the amount recommended is $16,000,000 for the
International Trade Data System.
EXPENDITURE PLAN
The Committee is pleased with the level of detail and
discipline which has been displayed in recent ACE expenditure
plans. The Committee includes bill language making not less
than $216,851,000 available for development of ACE upon the
submission of a comprehensive expenditure plan for the program.
The Committee also expects to continue receiving the ACE
quarterly reports.
CBP TRAVELER ENFORCEMENT AND COMPLIANCE SYSTEM MODERNIZATION
The Committee was pleased to receive the CBP Traveler
Enforcement and Compliance System [TECS] Modernization Program
report on April 17, 2008, as called for in Senate Report 110-
84. The report, and subsequent briefings, demonstrates the
critical need for upgrading this important law enforcement
tool. As TECS is a legacy Customs Service system, it is
understandable that CBP has taken the lead in the modernization
effort. However, U.S. Immigration and Customs Enforcement [ICE]
is a major user of this system and must play a primary role in
its development. Specific ICE reporting requirements are
addressed in the ICE section of this report. The Committee
directs CBP and ICE to brief jointly the Committee on a
semiannual basis on the progress made in the modernization
program beginning no later than 30 days after the date of
enactment of this act.
The Committee recommends a total of $50,000,000, one
position, and one FTE, an increase of $25,000,000 above the
fiscal year 2008 level, as requested in the budget.
TERRORISM PREVENTION SYSTEMS ENHANCEMENTS
To support the worldwide scope and mission that CBP has
today, systems are being modernized and networks re-engineered
to deliver a robust, fault tolerant, high assurance, high
availability, and distributed architecture designed to minimize
cost and downtime while providing flexibility and the ability
to handle surge requirements and fail-over capabilities. These
funds will sustain efforts begun in fiscal year 2008 to improve
communications, power distribution, networking, and computer
capability to support worldwide screening operations. The
Committee recommends $10,000,000, as requested in the budget,
for this activity.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Automated Commercial Environment/International Trade Data 316,969 316,851 316,851
System (ITDS)............................................
Automated commercial system and legacy IT cost............ 159,640 194,483 194,483
-----------------------------------------------------
Total, Automation modernization..................... 476,609 511,334 511,334
----------------------------------------------------------------------------------------------------------------
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
Appropriations, 2008\1\................................. $1,225,000,000
Budget estimate, 2009................................... 775,000,000
Committee recommendation................................ 775,000,000
\1\Includes $1,053,000,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
The Border Security, Fencing, Infrastructure, and
Technology account funds the capital procurement and total
operations and maintenance costs associated with fencing,
infrastructure, sensors, surveillance, and other technology.
COMMITTEE RECOMMENDATIONS
The Committee continues to strongly support the Strategic
Border Initiative [SBI] and the multi-faceted approach of
securing our borders via a web of pedestrian fencing, tactical
infrastructure, vehicle barriers, ground sensors, and cameras,
in addition to more Border Patrol agents and increased
enforcement of our immigration laws. Focusing on only one of
these critical tasks is a recipe for failure. By fully funding
the President's request for fiscal year 2009, when combined
with the $1,225,000,000 appropriated to this account in fiscal
year 2008, the Committee will have provided over $3,187,565,000
for border security fencing, infrastructure, and technology
since fiscal year 2007. Additionally, the Committee again
provides the Secretary with the flexibility to determine the
proper mix and location of these border security activities
along the Nation's borders--Northern, Southern, and coastline.
Again, we must remind all of those involved in this effort,
those who would do us harm will seek entry through other, less
secure parts of our border after tightening security in one
location.
As the Committee noted in its report last year, this is an
extremely high risk program that requires the full attention of
the leadership of the SBI Program Management Office [PMO], CBP,
and the Department. The response to the Department's
conditional, and then full, acceptance of Project 28 (P-28) in
the Tucson sector is a case in point. The P-28 contract was
structured in a manner to limit the exposure of the taxpayer to
what was intended to be a proof of concept. In that sense, it
succeeded. The contractor did not meet the initial requirements
of the contract, had to use its own funds to meet those
requirements, and then offered financial concessions to the
Government because of these problems. However, P-28 was also
marketed initially--both inside the Border Patrol, to the
Congress, and the public at large--as the ``solution'' for the
virtual fence. In that sense, it failed. The proposed timeline
was overly aggressive, integration of the various technologies
was much more difficult than expected, and the operating
environment proved more harsh than anticipated. The Committee
continues to support the program, but wants to see this done
right--not just fast. Finally, the Committee is confused by
opponents of either construction of physical fencing or success
of the ``virtual fence'' solution. Those who are concerned that
physical fencing will destroy the environment and animal
habitats should embrace a ``virtual fence'' that works.
The Committee expects that any vehicle requirements for the
SBI PMO and other activities funded in this account will be met
through the vehicles funded in CBP ``Salaries and Expenses''.
The Committee recommends $775,000,000, 200 positions, and
185 FTE, as requested in the budget, for this activity.
EXPENDITURE PLAN
The Congress provided a total of $1,225,000,000 for this
activity in the fiscal year 2008 law, but withheld from
obligation $650,000,000 until the Committee received an
expenditure plan from the SBI PMO which was reviewed by the
Government Accountability Office. The Committee received that
plan on March 31, 2008. The plan did not meet certain specific
requirements of the law and on May 6, 2008, the Committee
approved the release of only $175,000,000, until additional
details are provided. It is the responsibility of CBP, the
Department, and the Office of Management and Budget to ensure
expenditure plans, when submitted, comply with the law.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted\1\ budget request recommendation
----------------------------------------------------------------------------------------------------------------
Development and deployment................................ 1,088,000 275,000 275,000
Operations and maintenance................................ 73,000 410,000 410,000
Program management........................................ 64,000 90,000 90,000
-----------------------------------------------------
Total, Border Security Fencing, Infrastructure, and 1,225,000 775,000 775,000
Technology.........................................
----------------------------------------------------------------------------------------------------------------
\1\Includes $1,053,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
Appropriations, 2008\1\................................. $570,047,000
Budget estimate, 2009................................... 528,000,000
Committee recommendation................................ 528,000,000
\1\Includes $94,000,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
The U.S. Customs and Border Protection [CBP] Air and Marine
Interdiction, Operations, Maintenance, and Procurement [AMO]
account funds the capital procurement and total operations and
maintenance costs of the CBP air and marine program and
provides support to other Federal, State, and local agencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $528,000,000, to remain available
until expended, for air and marine interdiction, operations,
maintenance, and procurement. Included in this amount is
$380,022,000 for recurring maintenance, as proposed in the
budget.
The Committee strongly supports CBP's efforts to
recapitalize its air and marine assets. Since fiscal year 2005,
the Congress has appropriated over $2,546,000,000 to this
account. Chief among the needs has been the establishment of
five Northern border air branches located at strategic
locations along the border, the operational testing and
procurement of unmanned aerial systems in the desert Southwest,
as well as the testing of these systems in the maritime
environment and the expansion of their use on the Northern
border, and the new focus on a robust marine program, both
coastal and riverine. Certain gaps remain to be filled, such as
facilities improvements at smaller air locations and expansion
of the marine program to additionally planned locations, but
progress is being made. The Committee notes the difficulty in
procuring certain types of aircraft and other air systems
because of the need to compete with the Department of Defense
for these systems in a time of war, but AMO has been creative
in its use of multi-purchase awards and deserves to be
commended.
MULTI-ROLE ENFORCEMENT AIRCRAFT
Included in the amount recommended by the Committee is a
total of $35,600,000, as requested in the budget, for
procurement of two multi-role enforcement aircraft [MEAs]. This
will bring AMO air and marine up to five MEAs, which is within
35 aircraft of its planned end-state.
MARINE VESSELS
Included in the amount recommended by the Committee is a
total of $10,100,000, as requested in the budget, for
procurement of 18 new marine vessels. CBP AMO's current planned
end-state for marine vessels calls for the purchase of 40
Interceptors of all types, 140 riverine vessels, and 30 coastal
enforcement craft. With these recommended funds, AMO will be
within 163 vessels of reaching its planned end-state.
MEDIUM LIFT HELICOPTER CONVERSIONS
Included in the amount recommended by the Committee is
$9,000,000, as requested in the budget, for the conversion of
one medium lift helicopter [MLH] from an ``A'' to an ``L''
configuration. These conversions are necessary because
deliveries of new MLHs will not begin until fiscal year 2010.
C-550 INTERCEPTOR SENSOR UPGRADES
Included in the amount recommended by the Committee is
$7,700,000, as requested in the budget, to upgrade the sensor
package on one C-550 fixed-wing Interceptor. These funds will
support the third of the planned 10 C-550 Interceptor sensor
package upgrades.
NORTHERN BORDER AIR BRANCHES
Included in the amount recommended by the Committee is
$12,700,000, as requested in the budget, for operation and
maintenance of the five Northern border air branches. The
Committee is pleased that the fifth air branch, in Detroit,
became operational this spring. The Committee encourages the
Department to include in the fiscal year 2010 budget funding to
expand the hours of operation at these air branches.
P-3 SERVICE LIFE EXTENSION PROGRAM
Included in the amount recommended by the Committee is
$56,000,000, as requested in the budget, for the ongoing
service life extension program of the P-3 surveillance fleet.
UNMANNED AERIAL SYSTEMS SUPPORT
Included in the amount recommended by the Committee is a
total of $29,600,000, as requested in the budget, for
operations and maintenance support, including spares and
component repairs for unmanned aerial systems [UAS]. These
funds will procure the seventh of the planned end-state of 18
UASs, enable the upgrade of the UAS software integration lab,
and ensure that these systems will operate at the highest
anticipated levels.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and maintenance................................ 353,614 380,022 380,022
Procurement............................................... 216,433 147,978 147,978
-----------------------------------------------------
Total, Air and Marine Interdiction, Operations, 570,047 528,000 528,000
Maintenance, and Procurement.......................
----------------------------------------------------------------------------------------------------------------
\1\Includes $94,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
CONSTRUCTION
Appropriations, 2008\1\................................. $348,363,000
Budget estimate, 2009................................... 363,501,000
Committee recommendation................................ 403,201,000
\1\Includes $61,000,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, customs, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $403,201,000 for construction
activities of U.S. Customs and Border Protection [CBP], to be
available until expended.
CONSTRUCTION ASSOCIATED WITH NEW BORDER PATROL AGENTS
Included in the amount recommended by the Committee is a
total of $255,286,000, an increase of $149,513,000, as proposed
in the budget, for construction requirements associated with
new Border Patrol agents.
AIR AND MARINE FACILITIES
Included in the amount recommended by the Committee is
$16,600,000, as proposed in the budget, for repair and
renovation of air and marine facilities.
AIR AND MARINE FACILITIES UPGRADES
The Committee is disappointed by the apparent lack of
support for a continued commitment to upgrade the many outdated
and ill-sized air and marine facilities. The Congress has added
funds each year to expand air branches to the Northern border
and marine units nationwide, recapitalize the aging fixed and
rotary-wing air fleet, and hire more air and marine
interdiction agents. However, the budget requests constantly
fall short of meeting the increased needs to upgrade the
existing facilities. The Committee notes that in its February
13, 2008, strategic plan, the administration identified a
requirement of $65,000,000 for air and marine facilities
funding in fiscal year 2009. The Committee encourages the
Department to include additional funding for these facilities
in the 2010 budget request.
ADVANCED TRAINING CENTER
The Committee provides $39,700,000 for Phase V of the
Advanced Training Center [ATC] Master Plan which was submitted
to the Committee on April 4, 2007, by the Department of
Homeland Security Under Secretary for Management. The ATC,
located in West Virginia, opened in September 2005. It provides
advanced training to over 2,900 CBP law enforcement personnel,
managers, and supervisors per year and will train approximately
5,000 per year by the end of 2009.
BORDER FACILITIES CONSTRUCTION BACKLOG
Significant increases in trade and vehicle traffic, as well
as the hiring of new inspection personnel, have placed strains
on the many out-dated land border ports of entry. While the
General Services Administration [GSA] owns and manages the
majority of these ports, a number are CBP-owned. The total
construction backlog for land border ports of entry and Federal
inspection facilities stands at approximately $4,900,000,000,
yet the total amount requested for port of entry construction
in the President's fiscal year 2009 budget is a mere
$85,000,000. The Committee notes that these ports are vital to
the Nation's economy as total international trade entering
through these facilities is over $800,000,000,000, which
represents nearly 6 percent of the U.S. gross domestic product.
The Committee is aware that the increase in both commercial
and passenger traffic is straining the capacity of existing
facilities and infrastructure at ports of entry such as the
Sault Ste. Marie International Bridge in Michigan and the
Columbus and Santa Teresa ports of entry in New Mexico. The
Committee encourages the administration to include funds in its
2010 request to address these requirements.
The Committee directs the Department to continue to work
with the GSA on its nationwide strategy to prioritize and
address the infrastructure needs at land border ports of entry
and to comply with the requirements of the Public Buildings Act
of 1959 (40 U.S.C. 3301) to seek necessary funding.
The Committee has included bill language directing CBP, in
consultation with GSA, to include with its annual budget
submission, a detailed 5-year construction plan for land border
ports of entry with a yearly update of total projected future
funding needs.
LAND PORTS OF ENTRY MODERNIZATION
Of the 163 total land border ports of entry, CBP owns 43.
Many of these are small ports of entry, the construction of
which dates back to the Great Depression. For instance, for 40
percent of these ports' their useful life has expired, having
been built before 1975 with no significant repair or upgrade.
Seventy percent of these ports have no enclosed operational
secondary inspection garage, but instead operate in locations
in which outdoor secondary inspections often cannot be
performed due to extreme weather. Thirty percent of them have
no commercial inspection facilities, requiring inspections to
be performed on the roadway. This is a grave officer safety
concern.
The budget proposes to begin a long-term land border port
of entry modernization program. The Committee strongly supports
this goal and recommends $10,000,000, as requested, to begin
the renovation and alteration of CBP-owned land border
inspection facilities. Additionally, the Committee directs CBP
to submit a plan, by port of entry, detailing specific
milestones of when work is planned and the type of work to be
done.
BORDER PATROL CONSTRUCTION
The Committee is aware that the Border Patrol is working
with the GSA and the U.S. Army Corps of Engineers to plan and
construct a new Beecher Falls Border Patrol Station within the
Swanton Sector. The Committee encourages the Border Patrol to
maintain the station strategically located in eastern Vermont,
near the Canadian border, and close to the main highways that
connect the United States and Canada.
The Committee notes that, as a result of an operational
decision made by the Border Patrol, no funds have been
requested in the budget for site, design, or construction of
permanent checkpoints on the Northern border.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
CONSTRUCTION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Border Patrol Facilties by Sector Fiscal year 2009 budget Committee
2008 enacted request recommendation
----------------------------------------------------------------------------------------------------------------
MAJOR CONSTRUCTION
Del Rio: Comstock, TX Station................................ ............... 25,000 25,000
Detroit: Sandusky, OH Station................................ ............... 4,000 4,000
El Centro:
Calexico, CA Station..................................... ............... 34,000 34,000
Indio, CA Station........................................ ............... 18,000 18,000
Sector HQ Vehicle Maintenance Facility................... ............... 18,000 18,000
El Paso:
Fabens, TX Station....................................... 4,000 ............... ...............
Las Cruces, NM Station................................... 4,000 ............... ...............
Lordsburg, NM Station.................................... 5,000 ............... ...............
Expanded Checkpoints..................................... ............... 1,513 1,513
Vehicle Maintenance Facility............................. 16,126 ............... ...............
Laredo: Freer, TX Station.................................... 3,000 ............... ...............
Marfa: Presidio, TX Station.................................. ............... 3,000 3,000
San Diego:
Blythe, CA Station....................................... ............... 28,900 28,900
Boulevard, CA Station.................................... 4,000 31,000 31,000
Tucson:
SR 85, SR 90, I-19 Checkpoints........................... 20,000 ............... ...............
Ajo, AZ Station.......................................... 22,500 ............... ...............
Casa Grande, AZ Station.................................. ............... 17,873 17,873
Naco, AZ Station......................................... ............... 47,000 47,000
Sonoita, AZ Station...................................... ............... 27,000 27,000
Yuma: Welton, AZ Station..................................... 22,000 ............... ...............
--------------------------------------------------
Subtotal, Border Patrol................................ 100,626 255,286 255,286
==================================================
Air and Marine Facilities:
Sierra Vista, AZ--Hangar and Flight Center............... 12,000 ............... ...............
Yuma, AZ--Hangar, Maintenance and Admin.................. 14,000 4,000 4,000
El Centro, CA--Hangar, Maintenance & Admin............... ............... 2,100 2,100
El Paso, TX--Consolidation of facilities................. ............... 1,500 1,500
Laredo, TX--Hangar, Maintenance & Admin.................. 1,454 4,000 4,000
Marfa, TX--Hangar, Maintenance & Admin................... 1,378 3,000 3,000
Uvalde, TX--Hangar, Maintenance & Admin.................. 1,168 2,000 2,000
--------------------------------------------------
Subtotal, Air and Marine Facilities.................... 30,000 16,600 16,600
==================================================
Housing...................................................... 25,000 15,000 15,000
CBP Owned Land Ports of Entry................................ ............... 10,000 10,000
Harpers Ferry, WV--Advanced Training Center.................. 39,700 ............... 39,700
Rapid Response Projects...................................... 69,400 ............... ...............
Operations and Maintenance................................... 15,800 17,600 17,600
Repairs and Alterations...................................... 34,633 25,400 25,400
Lease Acquisition............................................ 21,204 21,600 21,600
Planning..................................................... 12,000 2,015 2,015
--------------------------------------------------
Total, Construction...................................... 348,363 363,501 403,201
----------------------------------------------------------------------------------------------------------------
U.S. Immigration and Customs Enforcement
SUMMARY
U.S. Immigration and Customs Enforcement is responsible for
enforcing immigration and customs laws, detaining and removing
deportable or inadmissible aliens, and providing security of
Federal buildings and property.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $5,928,210,000,
including direct appropriations of $4,989,210,000, and
estimated fee collections of $939,000,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. \2\4,687,517 4,690,904 4,932,210
Automation modernization.............................. 30,700 57,000 57,000
Construction.......................................... \3\16,500 ................ ................
-----------------------------------------------------
Total, Appropriations............................... 4,734,717 4,747,904 4,989,210
=====================================================
Estimated Fee Collections:
Immigration inspection user fees...................... 113,500 119,000 119,000
Student exchange visitor program fees................. 56,200 120,000 120,000
Immigration breached bond/detention fund.............. 63,800 60,000 60,000
Federal Protective Service\4\......................... 613,000 616,000 640,000
-----------------------------------------------------
Total, Estimated fee collections.................. 846,500 915,000 939,000
=====================================================
Total, Available funding.......................... 5,581,217 5,662,904 5,928,210
----------------------------------------------------------------------------------------------------------------
\1\Includes $526,900,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
\2\Includes $516,400,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
\3\Includes $10,500,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
\4\Fully funded by offsetting collections paid by General Services Administration tenants and credited directly
to this appropriation.
SALARIES AND EXPENSES
Appropriations, 2008\1\................................. $4,687,517,000
Budget estimate, 2009................................... 4,690,904,000
Committee recommendation................................ 4,932,210,000
\1\Includes $516,400,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
The U.S. Immigration and Customs Enforcement [ICE] Salaries
and Expenses account provides funds for the enforcement of
immigration and customs laws, intelligence, and detention and
removals. In addition to directly appropriated resources,
funding is derived from the following offsetting collections:
Immigration Inspection User Fees.--ICE derives funds from
user fees to support the costs of detention and removals in
connection with international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Student Exchange Visitor Program Fees.--ICE collects fees
from foreign students, exchange visitors, and schools and
universities to certify and monitor participating schools, and
to conduct compliance audits.
Immigration Breached Bond/Detention Fund.--ICE derives
funds from the recovery of breached cash and surety bonds in
excess of $8,000,000 as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356); and from a portion of fees
charged under section 245(i) of the Immigration and Nationality
Act to support the cost of the detention of aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends $4,932,210,000, for salaries and
expenses of U.S. Immigration and Customs Enforcement [ICE] for
fiscal year 2009. This includes decreases from the fiscal year
2008 level of $214,784,000 for one-time costs and management
efficiencies; increases from the fiscal year 2008 level of
$64,001,000 for pay and other inflationary adjustments; and
$47,671,000 in annualizations, as proposed in the budget.
The Committee includes bill language placing a $35,000
limit on overtime paid to any employee; making up to $7,500,000
available for special operations; making up to $1,000,000
available for the payment of informants; making up to
$11,216,000 available to reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens; making not less than
$305,000 available for promotion of public awareness of the
child pornography tipline and anti-child exploitation
activities; making not less than $5,400,000 available to
facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act; limiting the use of funds for
facilitating agreements consistent with section 287(g) of the
Immigration and Nationality Act to the same activities funded
in fiscal year 2005; making $15,770,000 available for
activities to enforce laws against forced child labor, of which
$6,000,000 shall remain available until expended and making
$6,800,000 available until expended for the Visa Security
Program.
MANAGEMENT AND ADMINISTRATION--IMPROVED INTEGRITY OVERSIGHT
Over the last 3 years, ICE has hired over 5,100 new
personnel, a 17 percent increase since fiscal year 2006. In
order to support long-term border security efforts and avoid
fraud, the Committee believes it is important to keep in front
of any possible increase in workforce fraud by hiring
additional agents who will investigate cases of fraud and other
illegal activities.
The Office of Professional Responsibility [OPR]
investigates all Inspector General-referred allegations of
criminal misconduct by ICE and U.S. Customs and Border
Protection [CBP] employees. ICE and CBP have sensitive
missions, including preventing the flow of drugs, dangerous
goods, and illegal immigrants into the country, and sensitive
technology and weapons out of it. To ensure the continued
integrity of the workforce, growth in CBP and ICE staffing
should be matched by commensurate growth in OPR. Therefore, the
Committee recommends a total of $9,100,000, 51 positions, and
39 full-time equivalents [FTE] (agents and support positions),
to conduct these integrity investigations. This is an increase
of $2,000,000, 13 positions, and 20 FTE above the level
proposed in the budget.
HUMAN RESOURCE WORKFORCE
In order to address staffing shortages in the ICE Office of
Human Capital and strengthen the Office's ability to manage all
personnel aspects of the ICE workforce, while continuing to
process new authorized ICE positions to meet congressional
objectives and special hiring authorities, the Committee
recommends $930,000, an increase of $800,000, nine positions,
and five FTE, as proposed in the budget.
TRAINING CONSOLIDATION AND INTEGRATION
ICE recognizes it needs to consolidate all training
coordination and oversight to promote solidarity among ICE
programs. The Committee recommends $8,530,000, an increase of
$1,800,000, 27 positions, and 14 FTE, as proposed in the
budget.
CO-LOCATION OF ICE FACILITIES
The creation of ICE in 2003 merged components from two
separate agencies into one. Five years later, staff remains
widely dispersed in legacy facilities, an arrangement which
hinders effective coordination and communication. More than
10,000 ICE employees stationed in the largest 63 metropolitan
areas are housed in 185 different office buildings. With its
rapid growth in personnel, pressure has been put on ICE
facilities. In order to take advantage of expiring leases and
other expansion and co-location opportunities, the Committee
recommends $12,300,000, two positions, and one FTE, as proposed
in the budget.
ENERGY FUNDING SHORTFALL
The Committee notes that due to current gasoline prices,
ICE has experienced an increase of over 24 percent in gasoline
prices between fiscal years 2006-2008. This energy crisis is
fast becoming a law enforcement and border security crisis. ICE
is directed to brief the Committee by July 25, 2008, on plans
to address the projected shortfall.
INVESTIGATIONS--WORKSITE ENFORCEMENT
Worksite enforcement must remain a priority activity for
ICE and the Department as a whole. In response to a question
for the record from the March 4, 2008, hearing concerning ICE
priorities, Secretary Chertoff responded, ``Our immigration
enforcement cannot begin and end at our borders and ports of
entry. Effective immigration policing must also include robust
interior law enforcement efforts to help ensure the safety and
security of all Americans. You have my commitment that we will
continue the progress made over the last 2 years not only in
worksite enforcement and fugitive operations, but also in
critical program areas to continue to keep our Nation safe and
secure.'' The Committee continues to be pleased that ICE has
been aggressively conducting worksite enforcement actions and
notes that in fiscal year 2007, ICE had 863 criminal arrests
and 4,077 administrative arrests, compared with 25 criminal
arrests and 485 administrative arrests in fiscal year 2002.
By turning off the spigot of cheap labor and taking action
against unscrupulous employers who exploit illegal aliens, we
can begin to stem the tide of illegal inward migration. Knowing
that their workplaces will be targeted, and that they will be
apprehended and removed, many will think twice before trying to
enter this country illegally.
In order to ensure that the focus continues to be placed on
this priority activity, the Committee recommends an additional
$34,300,000, 207 positions, and 108 FTE including 125 Special
Agents above the levels proposed in the budget. Combined with
the budget request, this will provide a total of $126,515,000
and 864 positions for worksite enforcement to bring all
possible legal authorities to bear upon unscrupulous employers.
In addition, in Custody Management, the Committee recommends an
additional $25,700,000 for 400 additional detention beds and
associated positions and costs to support worksite operations.
INVESTIGATIONS--NATIONAL SECURITY AND CRITICAL INFRASTRUCTURE
As the Department's primary investigative authority, ICE
recognizes the need to increase its national security and
critical infrastructure investigations at ports of entry and
other sensitive facilities that attract terrorists, illegal
aliens, and undocumented workers. The Committee recommends
$11,800,000, 72 positions, and 36 FTE, as proposed in the
budget. This supports hiring 53 new Special Agents and 19
support personnel. These funds will support 12 investigative
program areas, such as Arms and Strategic Technology
Investigations, Identity and Benefit Fraud, Financial
Investigations, the Forensic Document Lab, Asset Forfeiture,
and Human Smuggling and Trafficking.
INVESTIGATIONS--CYBER CRIME
Many ICE investigations and prosecutions are largely
dependent upon the ability of the Cyber Crime Center to process
and analyze data obtained from seized electronic devices and
digital media. Established in 1996, the Cyber Crime Center has
become ICE's high technology center with responsibility for
developing, managing, and supporting Internet and cyber-related
investigations in ICE Office of Investigation field offices and
the Office of International Affairs attache offices. These
funds will provide staffing to increase investigations of
cyber-related crimes involving identity and benefit fraud,
child exploitation, and money laundering. The Committee
recommends a total of $10,700,000, 45 positions, and 23 FTE, an
increase of $5,000,000, 6 positions, and 3 FTE above the level
proposed in the budget. The increase above the request shall be
for expansion of Cyber Crime Center activities to the next
highest priority locations.
INVESTIGATIONS--COMMERCIAL FRAUD AND INTELLECTUAL PROPERTY RIGHTS
The ICE Office of Investigations is required to identify,
target, counter, and dismantle methods and vulnerabilities
exploited by criminal organizations engaged in highly
profitable trade crimes, such as trafficking counterfeit
merchandise and pharmaceuticals. It also supports CBP and the
Food and Drug Administration's efforts to target, interdict,
and investigate the importation of substandard, tainted, and
counterfeit products being imported from China. The Committee
recommends $4,600,000, 28 positions, and 14 FTE, as proposed in
the budget.
INVESTIGATIONS--OUTBOUND ENFORCEMENT
With the explosive growth of drug cartel-related violence
on our Southwest border, ICE recognizes the need to stem the
illegal procurement and export of sophisticated U.S. technology
and weapons. The requested funds will provide for five Special
Agents to increase investigations that support outbound
enforcement activities as well as support State and local law
enforcement by aggressively investigating all aspects of local
criminal activities exploiting vulnerabilities at the Southwest
border. The Committee recommends $1,000,000, five positions,
and three FTE, as proposed in the budget.
VISA SECURITY PROGRAM
The Visa Security Program, mandated in section 428 of the
Homeland Security Act of 2002 (Pubic Law 107-296), extends the
border overseas to prevent terrorists and other criminals from
receiving U.S. visas. The Office of International Affairs has
developed a Five-Year Expansion Plan which includes a
prioritized expansion to the 32 highest-risk visa issuing
posts. According to the plan, the program will cover
approximately 75 percent of the highest risk visa activity
posts by 2013. The Committee recommends a total of $26,800,000,
61 positions, and 54 FTE for the Visa Security Program.
Included in this amount is $6,800,000, 12 positions, and 6 FTE
above the fiscal year 2008 level and double the request in the
budget, to provide for the deployment of 12 Special Agents to
create four additional overseas Visa Security Units in high-
risk locations such as Istanbul and Beirut.
Additionally, the $5,000,000, eight positions, and seven
FTE, above the requested level is in support of the Security
Advisory Opinion Units which support the Visa Security Program
by dedicating Special Agents to be co-located with Department
of State and other security personnel to review visa
applications submitted at overseas U.S. consulates which have
been targeted for additional background screening.
STATE AND LOCAL LAW ENFORCEMENT SUPPORT, SECTION 287(G) AGREEMENTS
Included in the amount recommended by the Committee is
$92,453,000, an increase of $12,000,000, 14 positions, and
seven FTE, as proposed in the budget, for training to support
implementation of the provisions of section 287(g) of the
Immigration and Nationality Act to delegate authority to
enforce limited immigration functions to State and local law
enforcement officers.
LAW ENFORCEMENT SUPPORT CENTER
Included in the amount recommended by the Committee is a
total of $33,000,000, 307 positions, and 307 FTE, as requested
in the budget, to assist in responding to increased requests
for assistance from State and local law enforcement officers.
The Committee notes the large number of vacancies at the Law
Enforcement Support Center. Given the increased level of
immigration enforcement, combined with the recent launch of the
Secure Communities program, it is imperative that these
vacancies be filled as rapidly as possible.
TEXTILE TRANSSHIPMENT ENFORCEMENT
Included in the amount recommended by the Committee is
$4,750,000 for textile transshipment enforcement, as authorized
by section 352 of the Trade Act of 2002. The Trade Act of 2002
authorizes appropriations for the hiring of 72 positions
between CBP and ICE, including investigators.
OFFICE OF INVESTIGATIONS--MISSION SUPPORT STAFFING
The Committee is aware that the Office of Investigations
[OI], starting with the fiscal year 2009 budget request,
applied a workforce model to all budgetary requests to insure
that agents have the necessary mission support personnel to
support agents in the field. Currently, OI has 6,270 authorized
agent positions. Applying a workforce model to the 6,270
authorized agents, OI should have approximately 918 authorized
mission support personnel positions. Unfortunately, OI has only
458 authorized mission support personnel positions, or 50
percent of the necessary total. Limited budget resources
prevent the Committee from enhancing the level of mission
support positions, but the Committee urges that additional
funding be included in the fiscal year 2010 budget request to
begin closing this gap in support staffing.
ICE INTELLIGENCE
The Committee is pleased with the direction and energized
focus ICE has placed on its intelligence program. The new
Director has aggressively expanded its reach and its support of
ICE's multiple missions. While the Office of Intelligence has
opened offices, known as Field Intelligence Groups [FIG], a
number of the offices are below the optimal 50 percent staffing
level for intelligence research specialists and program
analysts. The Committee recommends an additional $2,833,000, 37
positions, and 19 FTE to bring all 26 FIGs to at least the
optimal 50 percent staffing level.
DETENTION AND REMOVAL--CUSTODY OPERATIONS (BEDS)
Maintaining an adequate number of detention beds is
critical to ensuring the integrity of our detention and removal
system while at the same time preventing a return to the ill-
advised ``catch and release'' policy. We must ensure that all
illegal aliens apprehended are removed from this country as
expeditiously as possible. The Committee is pleased to note
that in fiscal year 2007, ICE removed a total of 277,182
illegal aliens compared with 177,646 in fiscal year 2005. This
clearly demonstrates that the additional resources the Congress
has provided above the President's requests for securing our
borders is having an impact.
The Congress took the lead and added funding for additional
detention beds above the President's request the past 2 fiscal
years. This year the President proposes to add 1,000 new
detention beds, bringing the total number of beds to 33,000.
The Committee recommends a total of $1,721,268,000,
$74,056,000, 86 positions, and 269 FTE above the fiscal year
2008 enacted level, for Custody Operations, as proposed in the
budget. Of this amount, $46,000,000, 74 positions, and 39 FTE,
are associated with the increased level of beds.
Also included in the total amount recommended is an
additional $25,700,000 for 400 additional detention beds and
associated positions and costs to support worksite operations.
Combined with the beds in the President's request, the
Committee funds a total of 33,400 detention beds.
DETENTION AND REMOVAL--ALTERNATIVES TO DETENTION
National security and public safety are ICE's first
priorities. To that end, ICE detains all illegal aliens who
pose a threat to community safety or national security, as well
as those required to be detained under the Nation's immigration
laws. The Alternatives to Detention [ATD] program was created
to enable ICE to maintain current detention levels and to
monitor aliens who are likely to comply, without detention,
with immigration proceedings. An excellent example of a
population for consideration for the use of ATD is families
with children. ATD is composed of two primary programs,
electronic monitoring and intensive supervision appearance. The
Committee recommends a total of $62,194,000, 193 positions, and
180 FTE, an increase of $4,000,000 above the amount requested
in the budget, for the ATD program. The Committee encourages
ICE to prioritize enrollment of families with children in this
program, to continue to use intensive supervision, and directs
ICE to brief the Committee semiannually on the program
beginning no later than 60 days after the date of enactment of
this act.
DETENTION AND REMOVAL--TRANSPORTATION AND REMOVAL
Included in the amount recommended by the Committee is
$281,399,000, as proposed in the budget, for all ICE-related
transportation and removal activities.
DETENTION AND REMOVAL--FUGITIVE OPERATIONS
The National Fugitive Operations Program is responsible for
reducing the fugitive alien population in the United States.
ICE announced in June 2008 that it estimates that there are
approximately 573,000 immigration fugitives in the United
States, a decrease of nearly 60,000 since October 2006. ICE
works to reduce the population of these fugitives from the law
through the use of Fugitive Operations teams. Each team has a
goal of 1,000 fugitive alien arrests annually. With the funds
added for hiring 29 new teams in fiscal year 2008, combined
with the funds requested for this year, all 104 Fugitive
Operations teams are expected to be operational and conducting
enforcement operations by the end of fiscal year 2009. Included
in the amount recommended by the Committee is $226,477,000, 717
positions, and 760 FTE, an increase of $1,100,000, 9 positions,
and 104 FTE above the fiscal year 2008 enacted level, as
proposed in the budget.
DETENTION AND REMOVAL--CRIMINAL ALIEN PROGRAM
Included in the amount recommended by the Committee is
$189,069,000, 997 positions, and 981 FTE, an increase of
$2,354,000, 9 positions, and 155 FTE above the fiscal year 2008
enacted level, as proposed in the budget. ICE is funded for 119
Criminal Alien Program teams and in fiscal year 2007 it charged
approximately 164,296 aliens in jails and removed approximately
95,000 criminal aliens. This exceeded the previous year's level
by 140 percent. With the funds for this program, combined with
the additional resources for the new initiative described
below, the level of criminal alien removal should increase
substantially.
DETENTION AND REMOVAL--SECURE COMMUNITIES
In fiscal year 2008, Congress added $200,000,000 and
directed ICE to create a new program to aggressively target
incarcerated criminal aliens in all Federal, State, and local
jails and prisons. Given that a nationwide jail/prison
reporting system does not yet exist to determine the total
number of incarcerated criminal aliens in the United States,
ICE extrapolated from various sources and estimated that there
are about 300,000 to 450,000 criminal aliens, who are available
for removal, detained each year at Federal, State, and local
prisons and jails. Using these funds, ICE has developed a
strategy that relies on a phased-in, risk-based approach to
identify and remove all criminal aliens amenable for removal in
jails and prisons across the country based on their perceived
threat to the community.
The first targeted group to be identified and then prepared
for removal is individuals who have been convicted of major
drug offenses and violent offenses such as murder,
manslaughter, rape, robbery, and kidnapping. It makes sense
that ICE target the ``worst of the worst'' and ensure that they
are removed from the United States. ICE estimates that there
are between 94,179 and 115,621 incarcerated illegal aliens who
fall into this first priority category. Regrettably, the
President's budget did not request any funds to continue and
expand this priority national security program. The Committee
recommends $160,000,000 to continue and expand the program and
directs ICE to submit an expenditure plan within 180 days of
enactment of this act detailing how these funds will be used to
meet the strategic goals laid out in the revised Secure
Communities report dated April 8, 2008. The Committee also
directs ICE to provide quarterly briefings on progress being
made in implementing the Secure Communities program. The first
briefing should occur no later than 45 days after the date of
enactment of this act.
UNACCOMPANIED ALIEN CHILDREN
The Committee understands that the policy regarding the
minimum standards for care of unaccompanied alien children is
in the clearance process between the Department and the Office
of Management and Budget. As these children often suffer from
the illegal actions of their parents, it is important that they
receive appropriate attention. The Committee directs that these
standards, called for in the joint explanatory statement
accompanying the Homeland Security Appropriations Act, 2008
(Public Law 110-161), be issued immediately.
The Committee notes that section 462 of the Homeland
Security Act of 2002 (Public Law 107-296) transferred to the
Office of Refugee Resettlement [ORR] of the Department of
Health and Human Services [HHS] ``functions under the
immigration laws of the United States with respect to the care
of unaccompanied alien children that were vested by statute in,
or performed by, the Commissioner of Immigration and
Naturalization Service (INS).'' Section 462 detailed the series
of functions which were transferred and mandated that all funds
formally expended by INS were also transferred to ORR.
Apparently, since the implementation of the law, there has been
confusion as to which agency has the responsibility of
transferring illegal unaccompanied children to ORR upon their
apprehension. ICE and CBP do not have--and nor should they--the
capacity to detain these illegal alien children. It is the
responsibility of ORR to obtain control of these illegal alien
children as soon as possible. Indeed, the Committee understands
that it has been the goal of DHS to ensure the transfer of
these illegal alien children to ORR within as soon as 6 hours
of their apprehension. Because ORR has claimed it does not have
the resources within the HHS budget to take early control of
these illegal alien children, ICE has borne the brunt of
lawsuits and other forms of condemnation for the detainment and
treatment of children which are ORR's responsibility. In fact,
the vast majority of these illegal alien children are in the
custody of CBP, not ICE.
In the explanatory statement accompanying the Homeland
Security Appropriations Act, 2008, the conferees directed ICE
not to reimburse ORR for the transportation of these illegal
alien children because of the conferees' understanding of a
significant increase in the ORR budget. Due to continued
misalignment between ICE and ORR, ICE has continued to fund the
costs of detaining and then transporting these illegal alien
children to ORR during the current fiscal year. The longer it
takes ORR to gain custody of these illegal alien the children,
the longer they must be detained in less than optimal settings.
The Committee continues to firmly believe that the
responsibility of transporting unaccompanied illegal alien
children is an ORR responsibility. However, the Committee is
aware of, and strongly supports, ongoing discussions between
the Department and ORR regarding what is the most cost-
efficient method to accomplish this task while also responding
to the best interests of these children. In order to fully
implement section 462 of Public Law 107-296, the Committee
directs the Office of Management and Budget [OMB] to include
sufficient funding in the 2010 ORR budget request to assume
this transportation requirement and directs the submission of a
joint report no later than March 1, 2009 from OMB, DHS, and HHS
recommending which agency is the most appropriate agency to
fund transportation.
While this responsibility must eventually transition to
ORR, in the interim ORR must, at a minimum, respond to DHS
agencies' requests for information as to where to send these
children, within 6 hours. The Committee directs DHS and ORR to
provide semiannual briefings on progress being made to fully
transition this transportation responsibility to ORR. The first
briefing shall occur no later than July 11, 2008. The Committee
has included language in the bill to ensure that CBP and ICE
have the authority to continue to fund the transportation of
unaccompanied minor aliens, and expects them to work
cooperatively to ensure the most efficient means are used to
transport unaccompanied juvenile aliens to ORR custody. The
Committee has ensured that sufficient funds are available in
the appropriate DHS agency budgets' to accomplish this task.
DETAINEE ACCESS TO MEDICAL CARE
The Committee notes that individuals held in Federal
custody, even if in this country illegally, must be afforded
appropriate access to medical care. Currently ICE detains
approximately 31,000 illegal aliens a day. While the number of
individuals detained in ICE facilities for immigration
violations has increased, the average length of stay in fiscal
year 2007 was 36.9 days. The Committee wants to ensure that
this detained population receives the medical care required by
law. If ICE needs additional resources, including staff and
information technology tracking systems, it must communicate
those needs to the Committee. During recent testimony before
the Congress, the Government Accountability Office noted that
it had recommended that the Department establish improved
internal control procedures to help ensure that detainee
complaints are properly documented and their disposition
recorded. The Committee urges ICE to establish such procedures
immediately.
DETENTION AND REMOVAL REPORTING
The Committee continues to request ICE to submit a
quarterly report to the Committee which compares the number of
deportation, exclusion, and removal orders sought and obtained
by ICE. The report should be broken down: by district in which
the removal order was issued; by type of order (deportation,
exclusion, removal, expedited removal, and others); by agency
issuing the order; by the number of cases in each category in
which ICE has successfully removed the alien; and by the number
of cases in each category in which ICE has not removed the
alien. The first fiscal year 2009 quarterly report is to be
submitted no later than February 15, 2009.
SPECIAL INTEREST ALIENS
In fiscal year 2007, CBP arrested 122 people determined to
be from ``special interest'' countries at the Northern border
and 297 at the Southern border. However, the Committee has not
been provided answers to inquiries regarding their status. The
Committee directs the Department to provide a classified
briefing on the disposition of these special interest aliens
within 45 days after the date of enactment of this act.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2008 2009 budget Committee
enacted\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters Management and Administration:
Personnel Compensation and Benefits, services and 168,887 200,188 202,188
other costs.........................................
Headquarters Managed IT investment................... 146,654 174,348 174,348
------------------------------------------------------
Subtotal, Headquarters Management and 315,541 374,536 376,536
Administration....................................
======================================================
Legal Proceedings........................................ 208,350 214,332 214,332
======================================================
Investigations:
Domestic............................................. 1,422,528 1,474,708 1,514,008
International........................................ 107,551 125,141 133,541
------------------------------------------------------
Subtotal, Investigations........................... 1,530,079 1,599,849 1,647,549
======================================================
Intelligence............................................. 52,146 52,956 55,789
======================================================
Detention and Removal Operations:
Custody Operations................................... 1,647,212 1,696,495 1,721,268
Fugitive Operations.................................. 218,945 226,477 226,477
Criminal Alien Program............................... 178,829 189,069 189,069
Alternatives to Detention............................ 53,889 55,791 59,791
Transportation and Removal Program................... 282,526 281,399 281,399
------------------------------------------------------
Subtotal, Detention and Removal Operations......... 2,381,401 2,449,231 2,478,004
======================================================
Comprehensive Identification and Removal of Criminal 200,000 ............... 160,000
Aliens..................................................
======================================================
Total, Salaries and Expenses....................... 4,687,517 4,690,904 4,932,210
----------------------------------------------------------------------------------------------------------------
\1\Includes $516,400,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
FEDERAL PROTECTIVE SERVICE
Appropriations, 2008\1\................................. $613,000,000
Budget estimate, 2009\1\................................ 616,000,000
Committee recommendation\1\............................. 640,000,000
\1\Fully funded by offsetting collections paid by General Services
Administration tenants and credited directly to this appropriation.
The Federal Protective Service [FPS] is responsible for the
security and protection of Federal property under the control
of the General Services Administration [GSA]; and for the
enforcement of laws for the protection of persons and property,
the prevention of breaches of peace, and enforcement of any
rules and regulations made and promulgated by the GSA
Administrator. The FPS authority can also be extended by
agreement to any area with a significant Federal interest. The
FPS account provides funds for the salaries, benefits, travel,
training, and other expenses of the program, offset by
collections paid by GSA tenants and credited to the account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $640,000,000 for salaries and
expenses of the Federal Protective Service for fiscal year
2009; this amount is fully offset by collections of security
fees. This amount reflects anticipated additional security fee
income above the request resulting from requirements contained
in the Department of Homeland Security Appropriations Act,
2008, (Public Law 110-161), discussed below.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................ 186,673 189,673 213,673
Building specific security................................ 426,327 426,327 426,327
-----------------------------------------------------
Total, Federal Protective Service\1\................ 613,000 616,000 640,000
----------------------------------------------------------------------------------------------------------------
\1\Fully funded by offsetting collections paid by General Services Administration tenants and credited directly
to this appropriation.
FINANCIAL MANAGEMENT
Because FPS suffered from years of neglect after its
transfer in 2003 from GSA to ICE, the Congress took legislative
steps last year to ensure that FPS regained its traditional
role as a protector of Federal buildings and the women and men
who work in and visit them. The Department of Homeland Security
Appropriations Act, 2008, required the Secretary and the
Director of the Office of Management and Budget [OMB] to
certify that FPS is sufficiently funded to support a staff of
1,200 employees, including at least 900 Police Officers,
Inspectors, Area Commanders, and Special Agents by July 31,
2008. Additionally, the law required the adjustment of security
fees charged by FPS to meet this mandate no later than December
31, 2007.
On February 28, 2008, the Committee was notified by the
Secretary that fees were being adjusted in order to generate
$15,400,000 in revenue in fiscal year 2008, and an additional
$27,800,000 in fiscal year 2009, to support the hiring and
maintaining of these additional employees. The current estimate
of additional anticipated fee revenue in fiscal year 2009 is
$24,000,000. On May 21, 2008, the Committee was informed that
145 job offers had been accepted in order to meet the July 31,
2008, deadline of hiring an additional 150 personnel to reach
the 900 personnel level.
In February 2008, the Government Accountability Office
[GAO] issued preliminary observations on FPS efforts to protect
Federal property. GAO found FPS is experiencing difficulties in
meeting its mission and is not providing the active patrols to
detect and prevent criminal incidents and terrorist attacks
before they occur. It noted the elimination of such patrols had
a negative effect on the security of Federal buildings, that
security countermeasures are not implemented because funding is
not available in tenant agency budgets, contract guards are not
adequately monitored, and the FPS is attempting to rely on
local law enforcement for response to incidents within Federal
facilities without the agency's prior agreement or funding. The
report also concluded fee revenues have not been sufficient to
cover operational costs.
The attacks on the Alfred P. Murrah Federal Building in
Oklahoma City in 1995 and the first attack on the World Trade
Center in 1993 demonstrate the continued vulnerability of
facilities housing Federal employees to terrorist attack. Any
change to the FPS mission must be made by the next
administration with full insight into and acknowledgement of
the traditional FPS mission, its current, semi-transformed
state, and its chronic lack of sufficient resources. The GAO
report should be an excellent resource in this effort.
The Committee has included bill language maintaining the
FPS at the levels mandated in the 2008 law. The Committee
further directs the Director of OMB to ensure the level of fees
in fiscal year 2010 will maintain the fiscal year 2009 staffing
levels.
AUTOMATION MODERNIZATION
Appropriations, 2008........................... $30,700,000
Budget estimate, 2009................................... 57,000,000
Committee recommendation................................ 57,000,000
The Automation Modernization account provides funds for
major information technology [IT] projects for U.S. Immigration
and Customs Enforcement [ICE], including the Atlas Program
comprised of eight interrelated project areas for the
modernization of the IT infrastructure, modernization of the
Traveler Enforcement and Compliance System [TECS], and
modernization of Detention and Removal Operations' IT systems
for tracking detainees [DRO Modernization].
COMMITTEE RECOMMENDATIONS
The Committee recommends $57,000,000, 14 positions, and 11
FTE, an increase of $26,300,000, 7 positions, and 4 FTEs above
the fiscal year 2008 level, as proposed in the budget. These
funds are to remain available until expended. The Committee
includes bill language making $5,000,000 available upon the
submission of an expenditure plan.
The Committee recognizes and supports the need for ICE to
modernize its outdated and often unreliable systems and
information technology infrastructure. It is critical that
these systems support law enforcement activities, better
deliver the right information to the right people when needed,
and improve detainee tracking and management while
strengthening financial management and audit practices. Given
the large growth in ICE's Automation Modernization account, and
the myriad activities now being undertaken, the Committee
directs ICE to provide semiannual briefings on the progress
being made on these activities. The initial briefing shall
occur no later than 60 days after the date of enactment of this
act, and should include a detailed description of how the
programs are aligned with the Department's Enterprise
Architecture, a listing of current and known risks, and the
mitigation strategies designed to limit risks.
ICE TRAVELER ENFORCEMENT AND COMPLIANCE SYSTEM MODERNIZATION
The Committee was pleased to receive the U.S. Customs and
Border Protection [CBP] TECS Modernization Program report on
April 17, 2008, as called for in Senate Report 110-84. The
report, and subsequent briefings, demonstrates the critical
need for upgrading this important law enforcement tool. As TECS
is a legacy Customs Service system, it is understandable that
CBP has taken the lead in the modernization effort. However,
ICE is a major user of this system and must play a primary role
in its development. The Committee directs ICE to submit a
detailed report of it efforts in support of the modernization
program not less than 30 days after the date of enactment of
this act. The report shall include: (1) a description of each
project in the modernization program; (2) cost estimates for
the complete modernization program; and (3) timelines and
milestones for the development and implementation of each
project.
CONSTRUCTION
Appropriations, 2008\1\................................. $16,500,000
Budget estimate, 2009...................................................
Committee recommendation................................................
\1\Includes $10,500,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, detention, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee notes that the budget requests no funding for
ICE Construction as it is reviewing the possible privatization
of the Service Processing Centers which it owns. The Department
intends that carryover funds within the no-year Construction
account will be used for emergency repairs and alterations. The
Committee also notes that not funding this account will have no
impact on the ability of ICE to continue to detain illegal
aliens at thousands of other locations around the country.
Transportation Security Administration
The Transportation Security Administration [TSA] is charged
with ensuring security across U.S. transportation systems,
including aviation, railways, highways, pipelines, and
waterways, and safeguarding the freedom of movement of people
and commerce. Separate appropriations are provided for the
following activities within TSA: aviation security; surface
transportation security; transportation threat assessment and
credentialing; transportation security support; and Federal Air
Marshals.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$6,893,977,000 and a net of $4,283,977,000 for the activities
of TSA for fiscal year 2009.
The Committee notes that the request includes several
funding realignments within and, in some cases, between
appropriations accounts. The Committee provides only partial
approval of these requests. The Committee approves the creation
of a new program, project, and activity [PPA] under the
``Transportation Security Support'' appropriation for TSA-wide
human resources activities. Funds for human resources
activities were previously funded separately under the
``Aviation Security'' and ``Transportation Security Support''
appropriations. The Committee also approves the request to
consolidate TSA-wide information technology activities under
the ``Transportation Security Support'' appropriation. These
activities were previously funded separately under the
``Aviation Security'' and ``Transportation Security Support''
appropriations. The Committee denies the request to consolidate
all law enforcement activities under the ``Aviation Security''
appropriation. The Committee is sensitive to the disparity in
TSA's budget between aviation and other modes of
transportation, and therefore believes it is unwise to merge
law enforcement activities for all modes under an appropriation
with an aviation focus. The Committee also denies the request
to transfer Federal Air Marshals [FAMs] funding from a stand
alone appropriation to a PPA under the ``Aviation Security''
appropriation. The Committee created a separate appropriation
for FAMs to prevent the Administration from using critical FAMs
appropriations to fund other TSA shortfalls. Finally, the
Committee denies the request to merge funding for air cargo
activities with other TSA aviation regulatory activities. The
Committee intends to maintain complete transparency on air
cargo security activities as TSA works to achieve 100 percent
screening of air cargo on passenger aircraft, as required by
law. Other requested changes to align operational program and
personnel funding under the same PPA are detailed in the
Committee's recommendation.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
TRANSPORTATION SECURITY ADMINISTRATION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation Security......................................... 4,808,691 \1\5,289,535 \2\4,671,518
Aviation Security Capital Fund (mandatory)................ 250,000 \3\676,000 250,000
Checkpoint Screening Security Fund (mandatory)............ 250,000 (\4\) ................
Surface Transportation Security........................... 46,613 \5\37,000 63,506
Transportation Threat Assessment and Credentialing (direct 82,590 133,018 119,618
appropriations)..........................................
Transportation Threat Assessment and Credentialing (fee 82,601 40,000 40,000
funded programs).........................................
Transportation Security Support........................... 523,515 \6\926,000 950,235
Federal Air Marshals...................................... 769,500 (\1\) 799,100
-----------------------------------------------------
Total, Transportation Security Administrations 6,813,510 7,101,553 6,893,977
(gross)............................................
=====================================================
Offsetting Fee Collections................................ -2,210,225 -2,320,000 -2,320,000
Aviation Security Capital Fund (mandatory)................ -250,000 -676,000 -250,000
Checkpoint Screening Security Fund (mandatory)............ -250,000 ................ ................
Fee accounts (TTAC)....................................... -82,601 -40,000 -40,000
-----------------------------------------------------
Total, Transportation Security Administration (net). 4,020,684 4,065,553 4,283,977
----------------------------------------------------------------------------------------------------------------
\1\$786,000,000 requested for Federal Air Marshals as a new program, project, and activity [PPA] in ``Aviation
Security''.
\2\Excludes a rescission of $7,300,000.
\3\Includes $250,000,000 from existing mandatory fee collections and an additional $426,000,000 from a
legislative proposal transmitted in conjunction with the budget on February 4, 2008.
\4\Fees deposited in the Airport Checkpoint Security Fund (Section 44940i of title 49) are for fiscal year 2008
only.
\5\Request includes the realignment of $10,700,000 to ``Aviation Security'' (law enforcement) for K-9s and
Visible Intermodal Protective Response operations.
\6\Includes the realignment of $182,234,000 (human resources) and $251,286,000 (information technology) from
``Aviation Security''.
AVIATION SECURITY
Appropriations, 2008.................................... $4,808,691,000
Budget estimate, 2009...................................\1\5,289,535,000
Committee recommendation................................\2\4,671,518,000
\1\$786,000,000 requested for Federal Air Marshals as a new program,
project, and activity [PPA] in ``Aviation Security''.
\2\Excludes a rescission of $7,300,000.
The Transportation Security Administration [TSA] aviation
security account provides for Federal aviation security,
including screening of all passengers and baggage, deployment
of on-site law enforcement, continuation of a uniform set of
background requirements for airport and airline personnel, and
deployment of explosives detection technology.
The aviation security activities include funding for:
Federal transportation security officers [TSOs] and private
contract screeners; air cargo security; procurement,
installation, and maintenance of explosives detection systems;
checkpoint support; and other aviation regulation and
enforcement activities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $4,671,518,000 for aviation
security, $618,017,000 below the amount requested and
$137,173,000 below the fiscal year 2008 level.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
AVIATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screening Operations................................... 3,768,489 3,678,287 3,861,710
Aviation Security Direction and Enforcement............ 1,009,977 \1\825,248 \1\809,808
Federal Air Marshals................................... (\2\) 786,000 (\2\)
Implementing Requirements of the 9/11 Act (Public Law 30,000 ................. \3\[20,000]
110-53)...............................................
Aviation Security Capital Fund (mandatory)............. [250,000] \4\[676,000] [250,000]
Checkpoint Security Screening Fund (mandatory)......... [250,000] ................. .................
Indirect Air Cargo/General Aviation at DCA............. 225 [275] [275]
--------------------------------------------------------
Subtotal, Aviation Security...................... 4,808,691 5,289,535 4,671,518
========================================================
Rescission............................................. ................. ................. -7,300
--------------------------------------------------------
Total, Aviation Security......................... 4,808,691 5,289,535 4,664,218
----------------------------------------------------------------------------------------------------------------
\1\Includes the realignment of $251,286,000 to ``Transportation Security Support'' (information technology).
\2\Federal Air Marshals funded under a separate appropriation in fiscal year 2008 and maintained as such in
fiscal year 2009.
\3\Total funded under individual accounts.
\4\Includes $250,000,000 from existing mandatory fee collections and an additional $426,000,000 from a
legislative proposal transmitted in conjunction with the budget on February 4, 2008.
AVIATION SECURITY FEES
The Congressional Budget Office, in its analysis of the
President's budget, has re-estimated collections from existing
aviation security fees to be $2,320,000,000. Of this amount,
$1,872,000,000 will be collected from aviation passengers and
$448,000,000 will be collected from the airlines. The Committee
notes that a legislative proposal, submitted by the
administration for the consideration of the authorizing
committees of jurisdiction and not as a fiscal year 2009
appropriations request, proposes a 4-year increase in the
aviation passenger security fee in order to generate an
additional $426,000,000 in fiscal year 2009 (for a total of
$676,000,000) to be deposited in the mandatory Aviation
Security Capital Fund for the purchase and installation of
explosives detection systems for checked baggage. To date, this
proposal has not been acted upon by the authorizing committees
with jurisdiction over this matter. Therefore, the Committee
recommendation reflects the amount authorized by law
($250,000,000) to be deposited in the mandatory Aviation
Security Capital Fund in fiscal year 2009.
SCREENING OPERATIONS
The Committee recommends $3,861,710,000 for TSA screening
operations, $183,423,000 above the amount as requested and
$93,221,000 above the fiscal year 2008 level.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
SCREENING OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Privatized screening airports............................. 143,385 151,272 151,272
Passenger and baggage screener personnel, compensation and 2,636,104 2,716,014 2,692,014
benefits.................................................
Screener training and other............................... 223,766 197,318 197,318
Human resource services................................... 182,234 (\1\) ................
Checkpoint support........................................ (\2\) 127,683 200,000
=====================================================
Explosives Detection Systems/Explosives Trace Detection
[EDS/ETD]:
EDS/ETD purchase and installation..................... 294,000 153,894 294,000
Screening technology maintenance and utilities........ 264,000 310,625 305,625
Operation integration................................. 25,000 21,481 21,481
-----------------------------------------------------
Subtotal, EDS/ETD systems........................... 583,000 486,000 621,106
=====================================================
Total, Screening Operations......................... 3,768,489 3,678,287 3,861,710
----------------------------------------------------------------------------------------------------------------
\1\Human resources requested under the ``Transportation Security Support'' appropriation.
\2\$250,000,000 funded through mandatory fees.
PRIVATIZED SCREENING AIRPORTS
The Committee recommends $151,272,000 for privatized
screening airports, the same amount as requested in the budget
and $7,887,000 above the fiscal year 2008 level. Funds are
provided to support airports that have screening services
performed by qualified vendors. The recommendation includes
requested adjustments for: pay inflation; the expanded screener
mission for behavior detection, travel document checkers, and
aviation direct access screening program; and program
efficiency savings. TSA is directed to notify the Committees on
Appropriations if TSA expects to spend less than the
appropriated amount due to situations where no additional
airports express interest in converting, either fully or
partially, to privatized screening, or where airports currently
using privatized screening convert to using Federal screeners.
TSA shall adjust its PPA line items, and notify the Committees
on Appropriations within 10 days, to account for any changes in
private screening contracts and screener personnel,
compensation and benefits to reflect the award of contracts
under the screening partnership program, or the movement from
privatized screening into Federal screening.
PASSENGER AND BAGGAGE SCREENER PERSONNEL, COMPENSATION AND BENEFITS
The Committee recommends $2,692,014,000 for passenger and
baggage screener personnel, compensation, and benefits,
$24,000,000 below the amount requested and $55,910,000 above
the fiscal year 2008 level. Funds are provided to support a
full-time equivalent [FTE] screener workforce of 45,643. The
recommendation includes requested adjustments for salary
related inflation costs and program efficiencies. Based on
TSA's consistent carryover in this account, the Committee is
unconvinced that the full amount requested for fiscal year 2009
is needed to maintain requested staffing levels. The Committee
notes that TSA ended fiscal year 2007 with $166,135,274
unobligated in this account. Furthermore, TSA informed the
Committee that $24,000,000 in one-time savings has been
achieved in fiscal year 2008 due to payroll underburn.
Therefore, the Committee recommendation includes a reduction of
$24,000,000 below the request. TSA shall use these achieved
savings in fiscal year 2008 for staffing needs in fiscal year
2009. This reduction should have no impact on TSA's ability to
meet its requested FTE level in fiscal year 2009.
The Committee denies the request to delete the statutory
requirement concerning screening of Federal Government
officials.
SCREENING AIRPORT EMPLOYEES (RESCISSION)
In fiscal year 2008, $15,000,000 was made available to
pilot various methods to screen airport employees at a total of
seven airports to be selected by TSA. Based on TSA's spend
plan, which was submitted to the Committee on May 6, 2008, only
$7,700,000 is necessary to conduct the pilots as directed by
Congress. Therefore, the recommendation includes a rescission
of $7,300,000 from amounts made available in fiscal year 2008
for employee screening pilots.
SCREENING PASSENGERS BY OBSERVATION TECHNIQUES
The Committee recommendation includes funding for 330
additional FTE for the Screening Passengers by Observation
Techniques [SPOT] program, bringing the total number of
behavioral detection officers to 2,341 FTE. The intent of the
program is for TSOs to observe passengers' behavior,
specifically for signs of hostile intent, and pull those
passengers aside for additional questioning and screening.
According to TSA, at the 63 airports where SPOT is operational,
the program has resulted in over 113,000 referrals for further
screening, with less than 0.1 percent resulting in some type of
an arrest (none known to be related to terrorism). The
Committee directs TSA to develop improved performance measures
to justify such a large ramp up in FTE. These measures should
be included in the fiscal year 2010 congressional budget
justification.
SCREENER TRAINING AND OTHER
The Committee recommends $197,318,000 for screener training
and other, the same amount as requested in the budget and
$26,448,000 below the fiscal year 2008 level. Funds are
provided for training of TSOs and other direct costs associated
with TSO operations, such as: consumable supplies; checkpoint
janitorial services; travel for the National Deployment Force;
uniform allowance; hazardous materials disposal; and a model
workforce program. The recommended amount reflects the
following shifts in funding to align operational program and
personnel funds under the same account: a net of $8,047,000 and
56 FTE transferred from ``Transportation Security Support''
(headquarters administration); $13,000,000 transferred to
checkpoint support; $12,700,000 transferred to ``Transportation
Security Support'' (human capital); and $338,000 transferred to
``Transportation Security Support'' (information technology).
HUMAN RESOURCE SERVICES
No funding is provided for human resource services within
the ``Aviation Security'' appropriation. The Committee
consolidates funds for human resources activities in a new PPA
under the Transportation Security Support appropriation, as
requested.
CHECKPOINT SUPPORT
The Committee recommends $200,000,000 for checkpoint
support, $72,317,000 above the amount requested. Funds are
provided to field test and deploy passenger screening, carry-on
baggage screening, checkpoint reconfiguration, and electronic
surveillance of checkpoints. The Committee notes that at the
request level, deployment of screening technology would
decrease by 64 percent as compared to fiscal year 2008. The
recommended increase will allow TSA to accelerate the purchase
of technologies that can provide significant improvements in
threat detection at passenger checkpoints.
The recommended amount also reflects the following shifts
in funding to align operational program and personnel funding
under the same account: $13,000,000 transferred from screener
training and other; $3,251,000 and 25 FTE transferred from
``Transportation Security Support'' (headquarters
administration); and $863,000 and 6 FTE transferred from
operations integration.
WHOLE BODY IMAGERS
The Committee is fully supportive of emerging technologies
at passenger screening checkpoints, including the whole body
imaging program currently underway at Category X airports.
These technologies provide an increased level of screening for
passengers by detecting explosives and other non-metal objects
that current checkpoint technologies are not capable of
detecting. The Committee directs that funds for whole body
imaging continue to be spent by TSA on multiple imaging
technologies, including backscatter and millimeter wave. It
also encourages TSA to expand this pilot program to additional
airports in order to better determine the capabilities of these
technologies in a real world environment. The final decision on
the operational deployment of a technology should be based on
the performance, reliability, cost, and maintainability of the
machines. These technologies should only be deployed if
appropriate privacy filters have been established.
EXPLOSIVES DETECTION SYSTEMS
The Committee recommends $294,000,000 in discretionary
appropriations for the purchase and installation of explosives
detection systems/explosives trace detection [EDS/ETD] at
airports, $140,106,000 above the amount requested in the budget
and the same as the fiscal year 2008 level. An additional
$250,000,000 in mandatory spending will be available for these
activities from Aviation Security Capital Fund fee collections.
The Committee notes that TSA is in receipt of over 80
requests totaling $700,000,000 for airport facility
modifications for optimal checked baggage screening solutions.
The recommended increase of $140,106,000 above the request
greatly accelerates the ability of TSA to implement these
optimal systems.
Within the funds provided, not less than $84,500,000 shall
be available to procure and deploy certified EDS at medium- and
small-sized airports.
The recommended amount also reflects the following shifts
in funding to align operational program and personnel funds
under the same account: $9,752,000 and 75 FTE transferred from
``Transportation Security Support'' (headquarters
administration); $2,590,000 and 18 FTE transferred from
operations integration; and $34,000,000 transferred to
screening technology maintenance and utilities.
EXPENDITURE PLANS FOR EDS/CHECKPOINT TECHNOLOGIES
The Committee includes statutory language under the
``Transportation Security Support'' appropriation restricting
$30,000,000 from being obligated for headquarters
administration until the Secretary submits to the Committee, no
later than 60 days after the date of enactment of this act,
detailed expenditure plans for checkpoint security and EDS
refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2009. The Committee notes that
the fiscal year 2008 EDS expenditure plan was submitted 4
months after the statutory requirement and the checkpoint
security expenditure plan was submitted over 3 months after the
statutory requirement. Delaying funds that will provide
significant security benefits for aviation security continues a
disturbing trend. The obligation of funds provided in the
fiscal year 2007 supplemental appropriations act for EDS have
been held up for over a year due to bureaucratic delays at TSA,
the Department, and the Office of Management and Budget. The
Committee expects TSA to meet legislative timeframes for
expenditure plans and avoid unnecessary delays in obligating
funds for EDS and checkpoint systems. Additionally, the
Committee includes a new requirement for the expenditure plans
to be updated quarterly and to include the following new
information: specific technologies planned for purchase;
project timelines; a schedule for obligation; and a table
detailing actual unobligated balances versus anticipated
unobligated balances at the close of the fiscal year. The
quarterly updates shall also include an explanation for any
deviation from the original plan.
The Committee does not include statutory language requested
in the budget that would provide TSA with the authority to
alter the Federal share of in-line baggage system projects. The
proposed legislation is an authorizing matter and not under the
jurisdiction of the Appropriations Committee.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES
The Committee recommends $305,625,000 for screening
technology maintenance and utilities, an increase of
$41,625,000 from the fiscal year 2008 level and $5,000,000
below the amount proposed in the budget. The recommendation
includes the request to realign $34,000,000 from the EDS PPA to
meet increasing maintenance needs. The increase in maintenance
costs reflects TSA's requirements to execute its strategic plan
to install checkpoint and EDS/ETD technologies in the Nation's
airports. In fiscal year 2009, warranties on a total of 794 EDS
and checkpoint machines will expire.
However, due to delays in purchasing equipment associated
with funding provided in the fiscal year 2007 supplemental
appropriations act and the fiscal year 2008 appropriations act,
the overall level of funding required for maintenance is
$9,400,000 below the request. Therefore, the Committee reduces
the request by $5,000,000 and allows up to $4,400,000 to be
used for costs related to the disposal of EDS and ETD equipment
no longer in service. According to TSA, over 400 of these units
require disposal. The request includes no funds for this
purpose.
OPERATION INTEGRATION
The Committee recommends $21,481,000 for operation
integration, a decrease of $3,519,000 below the fiscal year
2008 level and the same amount as requested in the budget.
Funds are provided to test, evaluate, and analyze pre-
production or production representative systems under realistic
conditions, including operation by those who will use the
equipment in the field in a variety of environmental
conditions. The recommended amount reflects the following
changes requested to align operational program and personnel
funding under the same PPA: $863,000 and 6 FTE transferred to
checkpoint support; and $2,590,000 and 18 FTE transferred to
EDS.
AVIATION SECURITY DIRECTION AND ENFORCEMENT
The Committee recommends $809,808,000 for aviation
direction and enforcement, a decrease of $200,169,000 from the
fiscal year 2008 level and $15,440,000 below the request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
AVIATION SECURITY DIRECTION AND ENFORCEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation regulation and other enforcement................. 255,953 \1\209,991 250,768
Airport management, information technology, and support... 651,933 373,010 407,166
Federal flight deck officer and flight crew training 25,091 (\2\) 25,025
programs.................................................
Air cargo security........................................ 73,000 (\3\) 122,849
Airport perimeter security................................ 4,000 ................ 4,000
Law enforcement........................................... ................ \4\242,247 ................
-----------------------------------------------------
Total, Aviation Security Direction and Enforcement.. 1,009,977 825,248 809,808
----------------------------------------------------------------------------------------------------------------
\1\Request realigns enforcement funds to a new law enforcement PPA.
\2\Requested in a new law enforcement PPA.
\3\A total of $104,849,000 requested in aviation regulation and law enforcement.
\4\The request includes the realignment of funds across several TSA accounts.
AVIATION REGULATION AND OTHER ENFORCEMENT
The Committee recommends $250,768,000 for aviation
regulation and other enforcement, a decrease of $5,185,000 from
the fiscal year 2008 level and $40,777,000 above the request.
Funds are provided for law enforcement and regulatory
activities at airports to: ensure compliance with required
security measures; respond to security incidents; and provide
international support for worldwide security requirements. The
recommendation includes requested inflationary, program
efficiency, and annualization adjustments. The increase above
the request reflects the Committee's decision to deny the
request to consolidate funding for air cargo security within
this PPA. The Committee intends to maintain complete
transparency on air cargo security as TSA works to meet the 9/
11 Act requirement to achieve 100 percent screening of air
cargo on passenger aircraft by 2010.
The Committee recommendation also includes $3,500,000 above
the request to annualize funding provided in fiscal year 2008
for TSA to positively identify pilots and aircraft in the
general aviation domain and enhance its ability to understand
the threats and vulnerabilities to general aviation airports,
as expressed in section 1617 of the 9/11 Act. In addition, TSA
is to use these funds for risk assessments of general aviation
airports, as called for in the 9/11 Act. Further, an additional
$1,000,000 is provided for TSA to conduct security reviews and
audits of foreign repair stations. This increase is consistent
with requirements authorized in section 1616 of the 9/11 Act.
AIRPORT MANAGEMENT AND SUPPORT
The Committee recommends $407,166,000 for airport
management and support, a decrease of $244,767,000 from the
fiscal year 2008 level and $34,156,000 above the amount
proposed in the budget request. Funds are provided for: the
workforce to support 122 TSA Federal security directors,
airport rent and furniture; a vehicle fleet; airport parking;
transit benefits; and the development and deployment of an
electronic time, attendance, and scheduling system. The
recommended amount includes the transfer of airport information
technology funds, totaling $251,286,000 and 39 FTE, to
``Transportation Security Support'' (information technology),
thereby consolidating TSA's information technology operating
and personnel funds into one account. In addition, the
recommended amount reflects the transfer of $1,300,000 to
``Transportation Security Support'' (headquarters
administration), as requested to consolidate both operating and
support funding for the sensitive security information program.
The Committee denies the request to transfer $28,927,000 from
this account to a new law enforcement PPA.
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING PROGRAMS
The Committee recommends $25,025,000 for Federal flight
deck officer and flight crew training programs, a decrease of
$66,000 from the fiscal year 2008 level. Funds for these
programs were requested under a consolidated law enforcement
account, which the Committee denies. Funds are provided to
deputize qualified airline pilots who volunteer to be Federal
law enforcement officers. This program provides initial and
recurrent law enforcement training. Funds are also provided for
the Crew Member Self-Defense Training program for the purpose
of teaching crew members basic self defense concepts and
techniques. The Committee denies the request to merge funds for
this function within a new law enforcement account.
AIR CARGO SECURITY
The Committee recommends $122,849,000 for air cargo
security activities, an increase of $49,849,000 from the fiscal
year 2008 level and $18,000,000 above the amount proposed in
the budget request under the aviation regulation and law
enforcement PPAs. Funds are provided to secure the air cargo
supply chain, conveyances, and people.
The Committee denies the request to merge this PPA within
the aviation regulation and law enforcement PPAs. The
recommendation includes a requested base adjustment of
$49,084,000 to annualize the 150 new air cargo inspectors
funded in the fiscal year 2007 supplemental act. The Committee
recommendation does not include the $18,000,000 base reduction
included in the request. This reduction would inhibit TSA's
ability to meet the 100 percent screening requirement in the 9/
11 Act. Therefore, the Committee directs TSA to expand
technology pilots to evaluate the effectiveness of cargo
screening technologies. The Committee also directs TSA to
provide an expenditure plan not later than 60 days after the
date of enactment of this act on the allocation of fiscal year
2009 air cargo security funds, including any carryover funds
from prior year appropriations. The plan is to include details
on efforts to develop new covert testing protocols, data
related to cargo strike team augmentation, the location and
number of canine team deployments, and specific screening
technologies deployed.
CERTIFIED CARGO SCREENING PROGRAM
The Committee notes that TSA's plan to achieve a 100
percent screening mandate is heavily reliant on screening cargo
at certified screening facilities throughout the supply chain.
TSA has begun to test this screening concept (known as the
Certified Cargo Screening Program) at airports with a high
concentration of cargo consolidations, but full development,
such as ensuring chain of custody, has not been achieved. The
Committee directs TSA to brief the Committee, not later than 90
days after the date of enactment of this act, on specific plans
and processes for securing air cargo through the supply chain,
including a schedule, milestones, and performance measures for
this program.
AIR CARGO VULNERABILITY ASSESSMENTS
The fiscal year 2007 appropriations act included funding to
complete air cargo vulnerability assessments at all Category X
airports. While the Committee is pleased that TSA is adjusting
its countermeasures based on the preliminary findings from
initial assessments, it is concerned that all assessments will
not be completed until the end of fiscal year 2009. In its 2005
report, the Government Accountability Office [GAO] concluded
that, without these assessments, ``TSA is limited in its
ability to identify potential air cargo security
vulnerabilities and focus its resources on those areas
representing the most critical security needs.'' Therefore, the
Committee expects TSA to avoid unnecessary delays and complete
these assessments expeditiously. TSA is to provide an updated
briefing to the Committee on its findings by March 3, 2009.
AIR CARGO STATISTICS QUARTERLY REPORT
The Committee directs TSA to continue to report quarterly
on air cargo screening statistics, to note incremental
progress, and any reason for non-compliance. The Committee
continues to be concerned with the reliability of the data
provided in the quarterly reports. For instance, TSA notes in
the report that several air carriers continue to record and
submit data based on outdated reporting requirements, some fail
to provide data, and others continue to provide inaccurate
data. For this reason, the Committee directs TSA to take all
possible measures to ensure air carriers are submitting data
consistent with current security directives including
enforcement action for non-compliance.
AIRPORT PERIMETER SECURITY
The Committee recommends $4,000,000 for airport perimeter
security. This is the same as the fiscal year 2008 level and
$4,000,000 more than the budget request.
The Committee continues to be concerned with TSA's lack of
emphasis to strengthen the security of commercial airport
perimeters. While TSA has made progress to address concerns and
recommendations made in the GAO April 2004 report (GAO-04-728),
no funds were requested for perimeter security in the fiscal
year 2009 budget. In addition, the Committee is concerned that
none of the funds provided in fiscal year 2008 for perimeter
security have been obligated despite a well documented need.
For example, in response to funding made available in prior
years for airport perimeter security, TSA received 65 proposals
totaling $64,944,544. The Committee expects TSA to obligate
funds provided in fiscal year 2008 expeditiously and includes
$4,000,000 for further pilot projects in fiscal year 2009. The
Committee expects these pilots to be competitively awarded.
LAW ENFORCEMENT
The Committee denies the realignment of $242,247,000 from
other budget accounts across all TSA appropriations into a
consolidated account for law enforcement activities. The
Committee is sensitive to the disparity in TSA's budget between
aviation and other modes of transportation, and therefore
believes it is unwise to consolidate funds for law enforcement
activities for all transportation modes under an appropriation
with an aviation focus.
FEDERAL AIR MARSHALS
The Committee denies the request to merge the Federal Air
Marshals [FAMs] appropriation under the ``Aviation Security''
appropriation. If merged with other aviation security
activities, the Committee is concerned the FAMs budget would be
used to fund other TSA shortfalls.
IMPLEMENTING REQUIREMENTS OF PUBLIC LAW 110-53 (9/11 ACT)
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2009 budget Committee
2008 enacted request recommendation\1\
----------------------------------------------------------------------------------------------------------------
Implementing Requirements of the 9/11 Act................... 30,000 .............. [20,000]
---------------------------------------------------
Total, Implementing Requirements of the 9/11 Act...... 30,000 .............. [20,000]
----------------------------------------------------------------------------------------------------------------
\1\Funds detailed under individual accounts instead of a centralized account.
IMPLEMENTING REQUIREMENTS OF PUBLIC LAW 110-53 (9/11 ACT)
The Committee is concerned that the President's budget does
not provide the appropriate level of resources to implement
requirements of the 9/11 Act, which the President signed into
law on August 3, 2007. The Committee recommendation includes a
total of $971,349,000 for activities and requirements
authorized in the 9/11 Act, including: $544,000,000
(discretionary and mandatory funds) for the procurement and
installation of explosives detection systems at airports
($140,106,000 above the request); $200,000,000 for checkpoint
security ($72,317,000 above the request); $122,849,000 for air
cargo security ($18,000,000 above the request); $30,000,000 for
Visible Intermodal Protection and Response Teams; and
$54,500,000 for the national explosives detection canine team
program. In addition, the Committee recommendation includes
$20,000,000 above the request to implement regulations and
other new activities authorized by the 9/11 Act. These funds
are detailed under different accounts throughout the report.
However, in summary, TSA is to use the funds as follows:
continue vulnerability and threat assessments in all
transportation modes and establish mitigation plans; conduct
security exercises for public transportation, over-the-road
bus, and railroad employees; improve security at general
aviation airports; establish and implement an information
sharing plan for transportation security and an Information
Sharing and Analysis Center for transportation security;
further the development of a biometric aviation credential;
conduct security reviews and audits of foreign repair stations;
and hire no less than 50 additional surface transportation
security inspectors.
SURFACE TRANSPORTATION SECURITY
Appropriations, 2008.................................... $46,613,000
Budget estimate, 2009................................... \1\37,000,000
Committee recommendation................................ 63,506,000
\1\$10,700,000 to ``Aviation Security'' (law enforcement) for K-9s and
Visible Intermodal Protective Response operations.
Surface transportation security provides funding for
personnel and operational resources to assess the risk of a
terrorist attack on non-aviation modes, standards and
procedures to address those risks, and to ensure compliance
with established regulations and policies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $63,506,000, for surface
transportation security, an increase of $16,893,000 from the
fiscal year 2008 level and $26,506,000 above the request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
SURFACE TRANSPORTATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Staffing and Operations................................... 24,485 25,397 33,785
Surface Transportation Security Inspectors and Canines.... 22,128 \1\11,603 29,721
-----------------------------------------------------
Total, Surface Transportation Security.............. 46,613 37,000 63,506
----------------------------------------------------------------------------------------------------------------
\1\$10,700,000 proposed for transfer to a new law enforcement PPA.
SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS
The Committee recommends $33,785,000 for surface
transportation security staffing and operations, an increase of
$9,300,000 from the fiscal year 2008 level and $8,388,000 above
the request. Funds are provided for personnel and operational
resources to: assess the risk of a terrorist attack on non-
aviation modes; establish standards and procedures to address
those risks; and ensure compliance with established regulations
and policies. The recommendation includes requested
inflationary, base, and programmatic efficiency adjustments. In
addition, it includes $4,400,000 above the request for TSA to
continue assessing the vulnerabilities and risk in surface
modes and establish mitigation strategies, consistent with
requirements authorized in sections 1405, 1511, 1512, 1551, and
1558 of the 9/11 Act. Further, an additional $3,000,000 above
the request is provided for TSA to expand the ability of the
multi-modal program to conduct security exercises for public
transportation, over-the-road bus, and railroad employees. This
increase is consistent with requirements authorized in sections
1407, 1516, and 1533 of the 9/11 Act. Finally, an additional
$1,500,000 above the request is provided for TSA to establish
and implement an information sharing plan for transportation
security and an Information Sharing and Analysis Center for
transportation security. This increase is consistent with
requirements authorized in sections 1203 and 1410 of the 9/11
Act.
SURFACE TRANSPORTATION SECURITY INSPECTORS
The Committee recommends $29,721,000 for surface
transportation security inspectors and canines, an increase of
$7,593,000 from the fiscal year 2008 level and $18,118,000 from
the request.
The Committee recommendation denies the request to realign
$10,700,000 and 75 positions to a new law enforcement account
under the ``Aviation Security'' appropriation. The Committee is
sensitive to the disparity in TSA's budget between aviation and
other modes of transportation and therefore believes it is
unwise to merge law enforcement activities for all modes under
an appropriation with an aviation focus.
In addition, the Committee recommendation includes
$5,000,000 above the request for 50 additional Surface
Transportation Security Inspectors (STSI), bringing the total
STSI workforce to 225. These additional positions will allow
TSA to fulfill 9/11 Act mandates, such as: increasing
compliance inspections, conducting system security evaluations,
threat and vulnerability inspections, and responding to surface
transportation security incidents.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
Appropriations, 2008.................................... $82,590,000
Budget estimate, 2009................................... 133,018,000
Committee recommendation................................ 119,618,000
Transportation threat assessment and credentialing includes
several TSA credentialing programs: Secure Flight, Crew
Vetting, Screening Administration and Operations, Registered
Traveler, Transportation Worker Identification Credential,
Hazardous Materials Commercial Drivers License Endorsement
Program, and Alien Flight School.
COMMITTEE RECOMMENDATIONS
The Committee recommends a direct appropriation of
$119,618,000 for transportation threat assessment and
credentialing, an increase of $37,028,000 from the fiscal year
2008 level and $13,400,000 below the request. In addition, an
estimated $40,000,000 in fee collections are available for
these activities, as proposed in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Secure Flight......................................... 50,000 82,211 82,211
Crew Vetting.......................................... 14,990 ................ ................
Screening Administration and Operations............... 9,500 50,807 37,407
Transportation Worker Identification Credential 8,100 ................ ................
(direct appropriation)...............................
-----------------------------------------------------
Total Appropriations, Threat Assessment and 82,590 133,018 119,618
Credentialing....................................
=====================================================
Fee accounts:
Registered Traveler Program........................... 35,101 10,000 10,000
Transportation Worker Identification Credential....... 26,500 9,000 9,000
Hazardous Materials................................... 19,000 18,000 18,000
Alien Flight School fees\1\........................... 2,000 3,000 3,000
-----------------------------------------------------
Total Fees, Transportation Threat Assessment and 82,601 40,000 40,000
Credentialing......................................
----------------------------------------------------------------------------------------------------------------
\1\By transfer from the Department of Justice.
SECURE FLIGHT
The Committee recommends $82,211,000 for Secure Flight,
$32,211,000 above the fiscal year 2008 level and the same as
the budget request. As mandated by the Intelligence Reform Act,
TSA is to assume from air carriers the function of matching
passenger information against Government terrorist database
information for domestic flights. The Committee is encouraged
with TSA's progress to build a more disciplined system, but
remains concerned with TSA's ability to fully assume this
function from the airlines. The Government Accountability
Office [GAO] has stated that TSA has not established reliable
benchmarks from which to effectively manage the cost and
schedule of the program. If TSA is to meet its schedule for
domestic cutover operations by the end of calendar year 2008,
critical milestones must be met, such as the publication of a
final rule, airline operator readiness, and certification of
conditions mandated in the fiscal year 2005 Department of
Homeland Security Appropriations Act. The Committee expects
that no funds will be obligated for cutover operations until
the certification of conditions mandated in section 522(a) of
Public Law 108-334 has been completed and GAO confirms that all
10 conditions have been successfully met.
SCREENING ADMINISTRATION AND OPERATIONS
The Committee recommends $37,407,000 for screening
administration and operations, $27,907,000 above the fiscal
year 2008 level and $13,400,000 below the budget request. The
Committee consolidates the crew vetting program into the
screening administration and operations program, as requested.
The Committee recommendation includes $1,600,000 for TSA to
further the development of a biometric aviation credential.
Pursuant to section 1614 of the 9/11 Act, TSA is to develop a
sterile area access system that will grant flight deck and
cabin crews expedited access to secure areas through screening
checkpoints.
The recommendation also includes a program increase of
$15,000,000, instead of $30,000,000 requested, to enhance the
infrastructure necessary to perform mandated vetting operations
on populations that require access to critical infrastructure.
The Committee notes that increases in vetting requirements have
placed a significant amount of stress on TSA's vetting
infrastructure, resulting in disconnected and duplicative
systems, high system complexity, and lengthy adjudication
processes due to manual reviews. TSA's plans to enhance its
vetting infrastructure are still in the early stages and do not
include a program of requirements, lifecycle cost estimates, or
a timeline for key decisions and milestones. Therefore, the
Committee provides half of the requested increase. TSA is to
brief the Committee no later than 60 days after the date of
enactment of this act on progress made to carry out this
initiative.
REGISTERED TRAVELER
The Committee does not continue section 571 of the
Department of Homeland Security Appropriations Act, 2008, in
light of the Assistant Secretary's (Transportation Security
Administration) determination of March 17, 2008. The Assistant
Secretary determined that it would be a threat to civil
aviation to permit approved participants of the Registered
Traveler [RT] program to satisfy the required identity
verification procedures at security screening checkpoints by
presenting RT issued cards in lieu of currently required
Government-issued photo identification. The Committee notes
that TSA is working with the RT community to make it possible
to use an enhanced RT card for identity verification at
security checkpoints.
TRANSPORTATION SECURITY SUPPORT
Appropriations, 2008.................................... $523,515,000
Budget estimate, 2009................................... 926,000,000
Committee recommendation................................ 950,235,000
The transportation security support account supports the
operational needs of TSA's extensive airport/field personnel
and infrastructure. Transportation security support includes:
headquarters' personnel, pay, benefits and support;
intelligence; mission support centers; human capital services;
and information technology support.
COMMITTEE RECOMMENDATIONS
The Committee recommends $950,235,000 for transportation
security support activities, an increase of $426,720,000 from
the fiscal year 2008 level and $24,235,000 above the budget
request. The recommended amount includes the creation of a new
program, project, and activity [PPA], requested for human
capital services and various realignments between
appropriations. In addition, information technology [IT] funds
from the ``Aviation Security'' appropriation are consolidated
into one IT PPA in this account.
The following table summarizes the Committee's
recommendations compared to the fiscal year 2008 and budget
request levels:
TRANSPORTATION SECURITY SUPPORT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2009 budget Committee
2008 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Intelligence................................................. 21,000 21,961 21,961
Headquarters Administration.................................. 293,191 213,135 237,370
Information Technology....................................... 209,324 472,799 472,799
Human Capital Services....................................... ............... 218,105 218,105
--------------------------------------------------
Total, Transportation Security Support................. 523,515 926,000 950,235
----------------------------------------------------------------------------------------------------------------
INTELLIGENCE
The Committee recommends $21,961,000 for the Office of
Intelligence, an increase of $961,000 from the fiscal year 2008
level and the same level as the budget request. The
recommendation includes requested inflationary, base, and
programmatic efficiency adjustments. The recommendation does
not include the requested realignment of the Special Security
Office to a new law enforcement PPA under the ``Aviation
Security'' appropriation.
HEADQUARTERS ADMINISTRATION
The Committee recommends $237,370,000 for headquarters
administration, a decrease of $55,821,000 from the fiscal year
2008 level and $24,235,000 above the request. The
recommendation includes requested inflationary, base, and
programmatic efficiency adjustments. In addition, it reflects
the following shifts in funding to align operational program
and personnel funding under the same account: $33,301,000 and
183 FTE transferred to human capital services; a net of
$8,047,000 and 56 FTE transferred to ``Aviation Security''
(screener training and other); $3,251,000 and 25 FTE
transferred to ``Aviation Security'' (checkpoint support);
$9,752,000 and 75 FTE transferred to ``Aviation Security''
(explosives detection systems); $11,703,000 and 90 FTE
transferred to information technology; $606,000 transferred to
``Transportation Threat and Credentialing'' (screening
administration operations); and $1,300,000 transferred from
``Aviation Security'' (airport management and support).
The Committee includes bill language withholding the
obligation of $30,000,000 for headquarters administration until
expenditure plans for explosives detection systems procurement
and checkpoint support are provided to the Committee.
Requirements for the expenditure plans are detailed in the
``Aviation Security'' section of this report.
INFORMATION TECHNOLOGY
The Committee recommends $472,799,000 for information
technology, an increase of $263,475,000 from the fiscal year
2008 level and the same amount proposed in the budget. This
amount consolidates funding from the following accounts, as
requested: $11,703,000 and 90 FTE transferred from headquarters
administration; $251,286,000 and 39 FTE transferred from
``Aviation Security'' (airport management and support); and
$338,000 transferred from ``Aviation Security'' (screener
training and other).
HUMAN CAPITAL SERVICES
The Committee recommends $218,105,000 for human capital
services. This amount consolidates funding from the following
accounts, as requested: $182,234,000 transferred from
``Aviation Security'' (human capital services); $12,700,000
transferred from ``Aviation Security'' (screener training and
other); and $33,301,000 and 183 FTE transferred from
headquarters administration. In addition, the recommendation
includes requested inflationary, base, and programmatic
efficiency adjustments.
COVERT TESTING
The Committee provides $10,600,000 for covert testing
activities, $4,340,000 above the fiscal year 2008 level and the
same as the budget request. This funding will enable enhanced
covert testing activities to identify potential vulnerabilities
and weaknesses in airports and air cargo facilities, as well as
in transit, rail, and ferry systems. TSA is to continue semi-
annual briefings on these activities.
RISK-BASED DECISIONMAKING AND BUDGETING
The Committee recognizes that the Secretary is to develop,
consistent with the transportation modal security plans
required under section 114(t) of title 49, United States Code,
risk-based priorities based on risk assessments conducted or
received by the Secretary across all transportation modes that
consider threats, vulnerabilities, and consequences. The
Committee directs the Secretary to submit a report, no later
than 60 days after the date of enactment of this act, that
includes: copies of the risk assessments for each
transportation mode; a summary that ranks the risks within and
across modes; and a description of the risk-based priorities
for securing the transportation sector that identifies and
prioritizes the greatest security needs of the transportation
sector, both across and within modes, in the order that they
should be addressed. This report should also describe the
underlying methodologies used to assess risks across and within
each transportation mode and the basis for any assumptions
regarding threats, vulnerabilities, and consequences made in
assessing and prioritizing risks within and across modes. The
report shall be submitted in classified or unclassified
formats, as appropriate. The Committee further directs the
Secretary to submit, concurrent with the fiscal year 2010
budget request, supporting documentation that explicitly
explains how the comprehensive risk assessments for all
transportation modes were used to allocate resources across and
within each mode. This documentation should also identify the
corresponding allocation of resources being proposed in the
budget request (by appropriations account, program, project,
and activity) that address these priorities. This annual
submission shall be made in classified or unclassified formats,
as appropriate.
VISIBLE INTERMODAL PROTECTIVE RESPONSE TEAMS
The recommendation includes $30,000,000 for Visible
Intermodal Protective Response [VIPR] teams in fiscal year
2009. This amount annualizes the 225 positions and 10 permanent
VIPR teams funded in the fiscal year 2008 appropriation.
Instead of consolidating these teams in a new law enforcement
account within the ``Aviation Security'' appropriation, the
recommendation maintains funding for VIPR teams within the
Surface Transportation and the Federal Air Marshals
appropriations, as VIPR teams provide a security presence for
all modes of transportation. Prior to fiscal year 2008, VIPR
teams were funded out of base resources and were deployed to
modes of transportation outside of the aviation environment.
The Committee understands that VIPR deployments have begun in
all transportation modes, but performance measures have not
been fully established to assess the results. Therefore, TSA is
to brief the Committee not later than 60 days after the date of
enactment of this act on the results of fiscal year 2008
deployments, performance standards established to measure
results, and the methodology used to determine the distribution
of VIPR resources and personnel among the various modes of
transportation.
FEDERAL AIR MARSHALS
Appropriations, 2008.................................... $769,500,000
Budget estimate, 2009................................... (\1\)
Committee recommendation................................ 799,100,000
\1\$786,000,000 for Federal Air Marshal's requested in ``Aviation
Security''.
The Federal Air Marshals [FAMs] protect the air
transportation system against terrorist threats, sabotage, and
other acts of violence. The FAMs account provides funds for the
salaries, benefits, travel, training, and other expenses of the
program.
COMMITTEE RECOMMENDATIONS
The Committee recommends $799,100,000, an increase of
$29,600,000 from the fiscal year 2008 level and $13,100,000
above the budget request included in the ``Aviation Security''
appropriation request for FAMs. The increase above the request
is detailed in the classified annex accompanying this report.
The Committee denies the request to merge the FAMs
appropriation with other law enforcement activities under the
``Aviation Security'' appropriation. If merged with other law
enforcement activities, the Committee is concerned the FAMs
budget would be used to fund other TSA shortfalls.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
FEDERAL AIR MARSHALS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration............................. 674,173 ................ 708,143
Travel and Training....................................... 95,327 ................ 90,957
-----------------------------------------------------
Total, Federal Air Marshals......................... 769,500 (\1\) 799,100
----------------------------------------------------------------------------------------------------------------
\1\$786,000,000 for Federal Air Marshals requested in ``Aviation Security''.
RISK MITIGATION
The Committee is aware of efforts by FAMs, in collaboration
with the Homeland Security Institute, to develop a new model
for measuring risk mitigations through FAMs deployments. FAMs
is to brief the Committee not later than 60 days after the date
of enactment of this act on this effort.
Coast Guard
SUMMARY
The Coast Guard's primary responsibilities are the
enforcement of all applicable Federal laws on the high seas and
waters subject to the jurisdiction of the United States;
promotion of safety of life and property at sea; assistance to
navigation; protection of the marine environment; and
maintenance of a state of readiness to function as a
specialized service in the Navy in time of war, as authorized
by sections 1 and 2 of title 14, United States Code.
The Commandant of the Coast Guard reports directly to the
Secretary of the Department of Homeland Security.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$9,216,181,000 for the activities of the Coast Guard for fiscal
year 2009.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
COAST GUARD--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operating Expenses........................................ \1\6,001,347 6,213,402 6,280,497
Environmental Compliance and Restoration.................. 13,000 12,315 12,315
Reserve Training.......................................... 126,883 130,501 130,501
Acquisition, Construction, and Improvements (A,C,&I)...... \2\1,125,083 1,205,118 1,266,818
Rescissions: A,C,&I................................... -132,449 ................ ................
-----------------------------------------------------
Subtotal: A,C,&I.................................... 992,634 1,205,118 1,266,818
=====================================================
Alteration of Bridges..................................... 16,000 ................ 16,000
Research, Development, Test and Evaluation................ 25,000 16,000 16,000
Health Care Fund (Permanent Indefinite Appropriations).... 272,111 257,305 257,305
Retired Pay (mandatory)................................... 1,184,720 1,236,745 1,236,745
-----------------------------------------------------
Total, United States Coast Guard.................... 8,631,695 9,071,386 9,216,181
----------------------------------------------------------------------------------------------------------------
\1\Includes the transfer of $110,000,000 from the Department of Defense (Navy) pursuant to Public Law 110-161
and $70,300,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations
Act, 2008 (Public Law 110-161).
\2\Includes $95,800,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
The Coast Guard will pay an estimated $257,305,000 in
fiscal year 2009 to the Medicare-Eligible Retiree Health Care
Fund for the costs of military, Medicare-eligible health
benefits earned by its uniformed service members. The
contribution is funded by permanent, indefinite discretionary
authority pursuant to the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375).
OPERATING EXPENSES
Appropriations, 2008\1\........................ $6,001,347,000
Budget estimate, 2009................................... 6,213,402,000
Committee recommendation................................ 6,280,497,000
\1\Includes the transfer of $110,000,000 from the Department of Defense
(Navy) pursuant to Public Law 110-161 and $70,300,000 in emergency
appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
The Operating Expenses appropriation provides funds for the
operation and maintenance of multipurpose vessels, aircraft,
and shore units strategically located along the coasts and
inland waterways of the United States and in selected areas
overseas. The program activities of this appropriation fall
into the following categories:
Search and Rescue.--As one of its earliest and most
traditional missions, the Coast Guard maintains a nationwide
system of boats, aircraft, cutters, and rescue coordination
centers on 24-hour alert.
Aids to Navigation.--To help mariners determine their
location and avoid accidents, the Coast Guard maintains a
network of manned and unmanned aids to navigation along the
Nation's coasts and on its inland waterways. In addition, the
Coast Guard operates radio stations in the United States and
abroad to serve the needs of the armed services and marine and
air commerce.
Marine Safety.--The Coast Guard ensures compliance with
Federal statutes and regulations designed to improve safety in
the merchant marine industry and operates a recreational
boating safety program.
Marine Environmental Protection.--The primary objectives of
the marine environmental protection program are to minimize the
dangers of marine pollution and to assure the safety of ports
and waterways.
Enforcement of Laws and Treaties.--The Coast Guard is the
principal maritime enforcement agency with regard to Federal
laws on the navigable waters of the United States and the high
seas, including fisheries, drug smuggling, illegal immigration,
and hijacking of vessels.
Ice Operations.--In the Arctic and Antarctic, Coast Guard
icebreakers escort supply ships, support research activities
and Department of Defense operations, survey uncharted waters,
and collect scientific data. The Coast Guard also assists
commercial vessels through ice-covered waters.
Defense Readiness.--During peacetime, the Coast Guard
maintains an effective state of military preparedness to
operate as a service in the Navy in time of war or national
emergency at the direction of the President. As such, the Coast
Guard has primary responsibility for the security of ports,
waterways, and navigable waters up to 200 miles offshore.
COMMITTEE RECOMMENDATIONS
The Committee recommends $6,280,497,000 for Coast Guard
Operating Expenses, including $24,500,000 from the Oil Spill
Liability Trust Fund and $340,000,000 for Coast Guard defense-
related activities. Of this amount the Committee recommends not
to exceed $20,000 for official reception and representation
expenses.
The recommended amount is $67,095,000 above the request and
$279,150,000 above the fiscal year 2008 level.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Military Pay and Allowances:
Military Pay and Allowances--Operations & Support..... 2,463,934 2,555,120 2,593,032
Military Pay and Allowances--Acquisitions............. ................ 35,515 34,923
Military Health Care.................................. 346,765 352,368 356,793
Permanent Change of Station........................... 110,974 133,834 136,643
-----------------------------------------------------
Subtotal, Military Pay and Allowances............... 2,921,673 3,076,837 3,121,391
=====================================================
Civilian Pay and Benefits:
Civilian Pay and Benefits--Operations & Support....... 594,803 645,321 646,957
Civilian Pay and Benefits--Acquisitions............... ................ 47,538 44,073
-----------------------------------------------------
Subtotal, Civilian Pay and Benefits................. 594,803 692,859 691,030
=====================================================
Training and Recruiting:
Training and Education................................ 84,622 96,205 98,600
Recruiting and Training Centers....................... 100,982 99,858 100,086
-----------------------------------------------------
Subtotal, Training and Recruiting..................... 185,604 196,063 198,686
=====================================================
Operating Funds and Unit Level Maintenance:
Atlantic Area Command................................. 176,923 175,918 175,963
Pacific Area Command.................................. 198,580 195,957 196,506
1st District.......................................... 58,573 58,641 59,205
5th District.......................................... 22,222 21,619 21,909
7th District.......................................... 77,138 77,258 77,436
8th District.......................................... 46,126 46,317 47,338
9th District.......................................... 32,084 31,293 31,607
11th District......................................... 17,437 17,185 17,693
13th District......................................... 23,230 22,689 22,969
14th District......................................... 19,401 19,073 19,134
17th District......................................... 31,734 26,107 30,988
Headquarter Directorates.............................. 269,303 320,225 320,991
Headquarter Managed Units............................. 130,450 156,874 159,354
Other Activities...................................... 31,680 786 825
-----------------------------------------------------
Subtotal, Operating funds and unit level maintenance 1,134,881 1,169,942 1,181,918
=====================================================
Centrally-managed accounts................................ 229,896 262,795 267,229
=====================================================
Intermediate and Depot Level Maintenance
Aeronautical.......................................... 295,950 310,207 310,207
Electronic............................................ 118,983 133,116 133,926
Civil/Ocean Engineering & Shore Facilities............ 171,317 176,124 178,363
Vessel................................................ 167,940 195,459 197,747
-----------------------------------------------------
Subtotal, Intermediate and depot level maintenance.. 754,190 814,906 820,243
=====================================================
Port and maritime security enhancements:.................. \1\70,300 (\2\) (\2\)
-----------------------------------------------------
Subtotal, Operating Expenses........................ 5,891,347 6,213,402 6,280,497
-----------------------------------------------------
DOD transfer, fiscal year 2008 supplemental appropriations 110,000 ................ ................
-----------------------------------------------------
Total, Operating Expenses........................... 6,001,347 6,213,402 6,280,497
----------------------------------------------------------------------------------------------------------------
\1\Emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
\2\Funded in traditional program, project, and activities [PPA].
TRANSFER ASSOCIATED WITH DEEPWATER MANAGEMENT
The Committee approves the request to transfer $3,859,000
from the Systems Engineering and Integration PPA in the
Acquisition, Construction, and Improvements [AC&I]
appropriation to the Operating Expenses appropriation for
General Services Administration [GSA] rent. This transfer is
necessary to move all Government personnel and Government
support contractors to one location and is part of the Coast
Guard's strategy to shift management and oversight
responsibilities from Deepwater contractor to the Coast Guard.
ACQUISITION PERSONNEL
Consistent with the budget request, the Committee transfers
$82,215,000 and 652 FTE from AC&I appropriation to OE
appropriation to increase the oversight and ability to manage
multiple major acquisition projects. This transfer will improve
the stewardship of major systems acquisition, such as the
Integrated Deepwater Systems Program. By transferring AC&I
funding to OE, personnel can be surged to and from AC&I
projects where needed and allow flexibility to match
competencies to core requirements.
The Committee recommends $4,500,000 to hire 65 additional
personnel to enhance the Coast Guard's ability to perform the
systems integrator role for the Integrated Deepwater Program
and to execute traditional acquisition projects. The
recommended level is $4,498,000 below the request. The
Committee fully supports the Coast Guard's effort to be the
systems integrator for the Integrated Deepwater Program.
However, the request included funds for ``full-year'' FTE,
which means the 65 new positions would need to be on-board by
October 1, 2008. Given the Coast Guard's 18.5 percent vacancy
rate for acquisition personnel, this is an unrealistic
proposal. Therefore, the Committee recommendation provides
half-year funding for this initiative. The Committee expects
the Coast Guard to fully annualize the positions in fiscal year
2010.
LONG RANGE AIDS TO NAVIGATION-C
The Committee denies the request to transfer $34,500,000 to
the National Protection and Programs Directorate [NPPD] for
operations and maintenance of Long Range Aids to Navigation
[loran] stations. There are no merits in transferring
operations and maintenance costs from the Coast Guard to NPPD
and then transfer funding back administratively to the Coast
Guard to continue operation of loran-C. The Committee has no
prejudice with NPPD assuming a dominant role in the development
of the Enhanced Long Range Navigation system. NPPD should
determine how much it will need to develop this new system and
request resources accordingly.
NATIONAL MARITIME CENTER
The Committee recommendation includes $19,800,000 for the
National Maritime Center, the same level included in the budget
request.
OPERATIONS SYSTEMS CENTER
The recommendation includes $3,600,000 for customized
tenant improvements in conjunction with the Operations Systems
Center [OSC] expansion project. The OSC continues to experience
steady growth in both the number of systems being developed and
the number of people required to support those systems.
Currently, 500 Government and contractor personnel work at the
OSC. The existing main facility space has been at capacity for
3 years and it will not accommodate expected growth. The Coast
Guard is currently housing several employees in temporary
trailers. The Coast Guard is working with the GSA on this
expansion.
USCGC ``ACUSHNET''
The Committee does not agree with the budget proposal to
decommission the USCGC Acushnet after two quarters of operation
in fiscal year 2009. Decommissioning this vessel at this time
will negatively impact the Coast Guard's ability to patrol the
Bering Sea and Aleutian Islands. The total amount recommended
by the Committee for OE makes $7,600,000 available to crew and
operate the USCGC Acushnet through the end of fiscal year 2009.
WATCHSTANDERS
The Committee provides $9,890,000 to meet increased
operational demands and to increase situational awareness and
information sharing in all Coast Guard command centers. The
recommended level is $3,600,000 above the request. This level
of funding will allow the Coast Guard to add a total of 168 new
watchstanders, 67 above the request. As noted in the Incident
Specific Preparedness Review of the Cosco Busan Oil Spill in
the San Francisco Bay, ``the importance of qualified watch
standers cannot be overstated.'' This funding will complete the
Coast Guard's goal to provide 24/7 staffing of a situation unit
controller position in sector command centers, a combined
situation unit controller/common operating picture manager in
district command centers, and support billets at the Coast
Guard Command and Control Center.
AREA CONTINGENCY PLANS
The Committee is concerned that regional planning efforts
dealing with maritime emergencies and oil spills are not up to
date. Therefore, the Committee directs the Secretary, in
conjunction with the Commandant, to conduct a review of all
Area Contingency Plans [ACP] within 90 days after the date of
enactment of this act to ensure that each plan provides for an
effective and efficient response. In conducting this review,
the Secretary shall assess: the number and quality of emergency
and oil spill response assets; the accessibility and strategic
placement of emergency and oil response assets; procedures for
the designation of an Incident Command Post [ICP] and the
strategic pre-placement of necessary resources for the ICP;
specific procedures for response efforts during hazardous
weather conditions, including low visibility; the extent to
which local governments and interest groups participate in the
development of the ACP; the extent to which ACP stakeholders
are regularly notified of changes and updates to the plan; and
the prioritization of response efforts in sensitive
environmental areas. Upon conclusion of this study, the
Secretary shall report the findings to the Committee.
PORT SECURITY PRESENCE
The Committee continues to be concerned that the Coast
Guard lacks the necessary resources to meet port security
requirements, such as waterborne security patrols, high-
interest vessel boardings and escorts, and enforcement of
waterside security zones. According to the Coast Guard,
resource constraints make it difficult to meet critical
infrastructure protection requirements under the Maritime
Transportation Security Act. Fiscal year 2007 performance data
included in the budget request shows that the Coast Guard was
unable to make required checks on critical infrastructure 33
percent of the time, primarily due to a shortfall of boats,
crews, and training. Further, according to the Coast Guard, 48
of the 55 militarily and economically strategic ports were not
able to meet all port security requirements defined under
Operation Neptune Shield, such as security patrols, vessel
boardings and escorts, and military outload support. Despite
these gaps, the budget request includes a $14,992,000 reduction
for port presence and coastal security. The Committee denies
the reduction. The Coast Guard is to use these funds to add 170
billets for marine inspectors and boat crew personnel to
conduct armed boat escorts, security boardings, and terminal
inspections of Certain Dangerous Cargoes transport and
delivery.
INCREASED OPERATIONAL HOURS FOR COASTAL PATROL BOATS
The Coast Guard continues to face a significant gap in
patrol boat hours that has been created by the decommissioning
of eight 123 foot cutters, delays in replacing aging 110 foot
patrol boats, and a significant increase in mission
requirements. The Committee has gone to great lengths to
mitigate this patrol gap by accelerating funding for the fast
response cutter [FRC-B], purchasing four additional coastal
patrol boats [CPB], and funding a short-term multi-crewing
initiative to increase operational hours. The Committee expands
on these efforts by providing $8,300,000 and 91 full-time
positions to increase the operational hours of the 87 foot CPB
fleet from 1,800 to 2,000 hours annually. This increase will
provide an additional 13,000 CPB annual hours, allowing the
more capable 110 foot patrol boats to focus on missions
requiring higher operational tempo until the initial FRC-B's
are ready for mission activities in 2012. The Coast Guard is
directed to brief the Committee on the results of this effort 6
months after it is put into operation.
ENERGY FUNDING SHORTFALL
The Committee notes that the Coast Guard faces a
significant shortfall in energy funds for fiscal year 2009.
Current crude oil prices are over 46 percent higher than
estimated at the time of the President's budget request. The
Coast Guard is now projecting an energy funding shortfall of
over $110,000,000 for fiscal year 2009. This increase will have
a considerable impact on Coast Guard operations, as the energy
account pays for all aircraft, cutter and shore side fuel oil,
electricity, and natural gas. The Committee encourages the
administration to submit a budget amendment to adequately fund
Coast Guard energy costs for fiscal year 2009. The Coast Guard
is directed to brief the Committee by July 25, 2008, on plans
to address the projected shortfall.
WORKFORCE ACTION PLAN
The Committee is concerned that the Coast Guard's limited
workforce has impacted its ability to fully accomplish its
mission. The Coast Guard workforce is approximately the same
size today as it was at the end of fiscal year 1975. However,
mission responsibilities today are exponentially greater. For
instance, over the last 10 years, the number of Coast Guard
marine inspectors decreased by 1 percent while foreign vessel
arrivals increased by 61 percent. The amount of global maritime
cargo has tripled in the past 10 years, and seaborne trade
through U.S. ports is expected to double by 2024. Mission hours
Coast Guard-wide have grown 34 percent since fiscal year 2001.
Yet, the Coast Guard has been unable to address the full scope
of the staffing shortage because it has not completed the
necessary human resource requirements analysis to fully
understand its staffing needs. Therefore, the Committee directs
the Commandant to develop a workforce action plan to include:
the staffing levels necessary for active duty and reserve
military members, as well as for civilian employees to carry
out all Coast Guard missions, including gaps in the Coast Guard
workforce as of the date of enactment of this act; type of
personnel necessary to fill gaps; a plan, including funding,
milestones, and a timeline for addressing personnel gaps for
each category of employee; specific strategies for recruiting
individuals for hard-to-fill positions; and any additional
authorities and resources necessary to address staffing
requirements.
FINANCIAL MANAGEMENT WEAKNESSES
The Committee is concerned with the lack of progress made
by the Coast Guard to address financial management weaknesses.
According to the 2007 independent auditors' report of DHS'
financial systems, the Coast Guard has been unable to correct
known weaknesses preventing accurate, complete, and timely
financial information. These weaknesses have greatly
contributed to the auditors' inability to provide an opinion on
the Department's balance sheets.
While a corrective action plan has been developed by the
Coast Guard, the Chief Financial Officer [CFO] has noted
several areas where Coast Guard corrective actions need
improvement. The Committee directs the Coast Guard, in
collaboration with the CFO, to brief the Committee by April 1,
2009, on the development of an audit readiness plan to attain a
clean audit and a strategy to accelerate the remediation of
gaps in the Coast Guard's core accounting systems. The plan
should detail the resources, including staffing, necessary to
fully implement the strategy, and the benefits of accelerating
the Coast Guard financial system migration to the DHS
Transformation and Systems Consolidation baseline. The
Committee also directs the Coast Guard to incorporate the
National Academy of Public Administration's independent
assessment of its financial management organization into the
workforce action plan discussed earlier in this report.
POLAR ICEBREAKERS
The Committee reiterates its concern with the Coast Guard's
ability to meet its current and projected polar operations
responsibilities. According to correspondence from the
Commandant on May 23, 2008, the Coast Guard will submit a
report on polar mission requirements no later than August 31,
2008. The Committee expects this report to address the concerns
detailed in the explanatory statement accompanying the
Department of Homeland Security Appropriations Act, 2008. The
Committee also expects all costs to operate the polar
icebreakers for National Science Foundation [NSF] research,
including unanticipated maintenance, will be reimbursed by NSF.
However, the Committee notes that the NSF budget request
states, ``Effective with the fiscal year 2009 budget, NSF will
no longer provide funds to maintain the USCGC Polar Star in
caretaker status because NSF does not envision current or
future use of this vessel in support of its mission.'' Due to
the changing environmental conditions and increased activity in
the polar regions, as well as the Coast Guard's multi-mission
responsibilities in the polar regions that are not science
related, the Committee includes statutory language making an
additional $4,000,000 available to maintain the USCGC Polar
Star in caretaker status. The Committee also notes that the
forthcoming report on Coast Guard polar mission requirements
will address the sustainability of the current operations and
maintenance cost sharing arrangement between the Coast Guard
and the NSF to support both current and projected polar
icebreaker operations.
COAST GUARD YARD
The Committee recognizes the Coast Guard Yard at Curtis
Bay, Maryland, is a critical component of the Coast Guard's
core logistics capability which directly supports fleet
readiness. The Committee further recognizes the yard has been a
vital part of the Coast Guard's readiness and infrastructure
for more than 100 years and believes that sufficient industrial
work should be assigned to the yard to maintain this
capability.
The Committee directs the Commandant to submit a report
detailing the projected workload for the current calendar year
and each of the subsequent 5 calendar years at the Coast Guard
Yard at Curtis Bay, Maryland, and the total full-time
equivalents [FTE] dedicated to meet that workload. The report
shall: (1) detail work projects to be undertaken during the
current calendar year and during each of the next 5 calendar
years as part of the Mission Effectiveness Program [MEP] and
projects projected to be undertaken that are not associated
with the MEP; (2) identify the number of regular full-time
employees, term employees, and employees in any other
classification that are projected to be employed in any
capacity at the yard in each such calendar year; (3) specify
how many of the employees in any capacity that are expected to
be employed at the yard in each such year are expected to be
uniform members of the Coast Guard and how many are expected to
be civilians; (4) identify how many employees in any capacity
(whether uniform or civilian) are projected to be assigned in
each such calendar year to each of overhead positions,
engineering positions, waterfront support positions, and
waterfront trade positions to meet projected workloads in that
year; (5) identify the amount of overtime in each of overhead
positions, engineering positions, waterfront support positions,
and waterfront trade positions that will be required to meet
the projected workload in each such calendar year; (6) identify
the number of trades training students that are projected to be
trained at the yard in each such calendar year; and (7) address
whether the FTE ceiling in place for the yard is sufficient to
allow all work projects scheduled for the current calendar year
to be completed on schedule, and what level of FTE is likely to
be required in each of the subsequent 5 calendar years to allow
completion on schedule of the projected workload in each of
those years. The Commandant is to submit the report within 6
months after the date of enactment of this act.
MARINE VESSEL AND COLD WATER SAFETY EDUCATION
The Committee encourages the Coast Guard to continue
existing cooperative agreements and partnerships with
organizations that provide marine vessel safety training and
cold water immersion education and outreach programs for
fishermen and children.
QUARTERLY ACQUISITION AND MISSION EMPHASIS REPORTS
The Commandant is directed to continue to submit the
quarterly acquisition and mission emphasis reports to the
Committee consistent with the deadlines articulated under
section 360 of division I of Public Law 108-7, and the joint
explanatory statement accompanying the Department of Homeland
Security Appropriations Act, 2008.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2008.................................... $13,000,000
Budget estimate, 2009................................... 12,315,000
Committee recommendation................................ 12,315,000
The Environmental Compliance and Restoration account
provides funds to address environmental problems at former and
current Coast Guard units as required by applicable Federal,
State, and local environmental laws and regulations. Planned
expenditures for these funds include major upgrades to
petroleum and regulated-substance storage tanks, restoration of
contaminated ground water and soils, remediation efforts at
hazardous substance disposal sites, and initial site surveys
and actions necessary to bring Coast Guard shore facilities and
vessels into compliance with environmental laws and
regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $12,315,000 for environmental
compliance and restoration, $685,000 below the fiscal year 2008
level and the same as in the budget request.
RESERVE TRAINING
Appropriations, 2008.................................... $126,883,000
Budget estimate, 2009................................... 130,501,000
Committee recommendation................................ 130,501,000
The Reserve Training program provides trained units and
qualified persons for active duty in the Coast Guard in time of
war or national emergency, or at such other times as national
security requires. Coast Guard reservists must also train for
mobilization assignments unique to the Coast Guard in time of
war, such as port security operations associated with the Coast
Guard's Maritime Defense Zone mission, including deployable
port security units.
COMMITTEE RECOMMENDATIONS
The Committee recommends $130,501,000, as proposed in the
budget, for Reserve Training. This is $3,618,000 more than the
fiscal year 2008 level.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2008\1\................................. $1,125,083,000
Budget estimate, 2009.......................... 1,205,118,000
Committee recommendation................................ 1,266,818,000
\1\Includes $95,800,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161). Excludes $132,449,000 in rescissions pursuant to Public Law
110-161.
Funding in this account supports Coast Guard plans for
fleet expansion and improvement. This funding provides for the
acquisition, construction, and improvement of vessels,
aircraft, information management resources, shore facilities,
and aids to navigation required to execute the Coast Guard's
missions and achieve its performance goals.
Vessels.--The Coast Guard continues to acquire multi-
mission platforms that use advanced technology to reduce life-
cycle operating costs.
Integrated Deepwater Systems (Deepwater).--The Deepwater
capability replacement project is a multi-year, performance-
based acquisition that will replace or modernize the major
Coast Guard cutters, offshore patrol boats, fixed wing
aircraft, multi-missioned helicopters, and the communications
equipment, sensors, and logistics systems required to maintain
and operate them.
Other Equipment.--The Coast Guard invests in numerous
management information and decision support systems that will
result in increased efficiencies, including Rescue 21, formerly
the National Distress and Response System Modernization
Project, and the Nationwide Automated Identification System.
Shore Facilities.--The Coast Guard invests in modern
structures that are more energy-efficient, comply with
regulatory codes, minimize follow-on maintenance requirements,
and replace existing dilapidated structures.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,266,818,000 for acquisitions,
construction, and improvements, including $20,000,000 from the
Oil Spill Liability Trust Fund. As requested in the budget, the
Committee recommends $82,215,000 for personnel and related
support to the ``Operating Expenses'' [OE] account instead of
the ``Acquisition, Construction, and Improvements'' [AC&I]
account.
The recommendation also includes the transfer of $3,859,000
from the Systems Engineering and Integration PPA under
Integrated Deepwater Systems to OE as requested.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009
Fiscal year 2008 budget Committee
enacted\1\ request\2\ recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
Response Boat--Medium................................. 45,000 64,000 108,000
Inland River Tender Replacement....................... ................ 5,000 5,000
-----------------------------------------------------
Subtotal, Vessels................................... 45,000 69,000 113,000
=====================================================
Integrated Deepwater System:
Aircraft:
Maritime Patrol Craft............................. 170,016 86,600 86,600
Unmanned Aircraft Systems......................... ................ 3,000 3,000
HH-60 conversion.................................. 57,300 52,700 52,700
HC-130H conversion/sustainment.................... 18,900 24,500 24,500
HH-65 conversion/sustainment...................... 50,800 64,500 64,500
Armed Helicopter equipment........................ 24,600 ................ ................
HC-130J fleet introduction........................ 5,800 ................ 23,700
-----------------------------------------------------
Subtotal, Aircraft.............................. 327,416 231,300 255,000
=====================================================
Surface:
National Security Cutter.......................... 165,700 353,700 353,700
Offshore patrol cutter............................ ................ 3,003 3,003
Replacement patrol boat (FRC-B)................... ................ 115,300 115,300
IDS Small boats................................... 2,700 2,400 2,400
Patrol boats sustainment.......................... 40,500 30,800 30,800
Medium Endurance Cutter sustainment............... 34,500 35,500 35,500
-----------------------------------------------------
Subtotal, Surface............................... 243,400 540,703 540,703
=====================================================
Technology Obsolescence Prevention........................ 700 1,500 1,500
C4ISR..................................................... 89,630 88,100 88,100
Logistics................................................. 36,500 37,700 37,700
Systems engineering and integration....................... 35,145 33,141 33,141
Government program management............................. 50,475 58,000 58,000
-----------------------------------------------------
Subtotal, Integrated Deepwater System............... 783,266 990,444 1,014,144
=====================================================
Other Equipment:
Nationwide Automatic Identification System............ 12,000 14,600 8,600
Defense Messaging System.............................. 5,000 4,074 4,074
Rescue 21............................................. 80,300 73,000 73,000
High Frequency [HF] Recapitalization.................. 2,500 2,500 2,500
National Capital Region Air Defense................... 11,500 ................ ................
Maritime Security Response Team Shoot House........... 1,800 ................ ................
Interagency Operations Centers........................ 60,000 ................ ................
Command 21............................................ ................ 1,000 1,000
-----------------------------------------------------
Subtotal, Other Equipment........................... 173,100 95,174 89,174
=====================================================
Shore Facilities and Aids to Navigation:
Survey and Design--Shore and Operational Support...... 1,337 2,050 2,050
Coast Guard Telecoms and Information Systems Center-- ................ 2,500 2,500
TSD Building.........................................
Coast Guard Air Station Cape Cod--Runway Lighting..... ................ 5,000 5,000
Sector Delaware Bay--Consolidate Cape May Station..... ................ 13,000 13,000
Coast Guard Housing--Cordova, Alaska.................. 7,380 11,600 11,600
Coast Guard Academy--Chase Hall....................... ................ 10,300 10,300
Station Montauk--Purchase Housing..................... ................ 1,550 1,550
Waterways ATON Infrastructure......................... 2,500 4,000 4,000
Sector Buffalo........................................ 3,100 ................ ................
Rebuild Station & Waterfront at Base Galveston Phase I 5,200 ................ ................
Rebuild Station Marquette............................. 6,000 ................ ................
Rescue Swimmer Training Facility...................... 13,300 ................ ................
Construct Berthing & Boat Maintenance Bay at Station 2,180 ................ ................
Washington...........................................
-----------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation. 40,997 50,000 50,000
=====================================================
Personnel and Related Support:
Direct personnel costs................................ 82,215 ................ ................
AC&I core............................................. 505 500 500
-----------------------------------------------------
Subtotal, Personnel and Related Support............. 82,720 500 500
=====================================================
Subtotal, Acquisitions, Construction, and Improve- 1,125,083 1,205,118 1,266,818
ments..............................................
=====================================================
Rescissions:
UAV Unobligated balances.............................. -33,822 ................ ................
OPC Unobligated balances.............................. -98,627 ................ ................
=====================================================
Total, Acquisitions, Construction, and Improvements. 992,634 1,205,118 1,266,818
----------------------------------------------------------------------------------------------------------------
\1\Includes $95,800,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
\2\$82,215,000 for personnel and related support is provided in the ``Operating Expenses'' account as requested.
RESPONSE BOAT--MEDIUM
The Committee recommends $108,000,000 for the response
boat-medium [RB-M], $63,000,000 above the fiscal year 2008
level and $44,000,000 above the level proposed in the budget.
Funding at this level will allow the Coast Guard to purchase 36
RB-Ms in fiscal year 2009, 22 above the request. The RB-M is a
critical asset for the Coast Guard to replace aging 41 foot
Utility Boats acquired in the early 1970's and will serve as a
platform for boardings, search and rescues, and port security.
Recent studies have identified the lack of response boats as an
impediment to fully implementing the Coast Guard's mission
requirements.
DEEPWATER FUNDING
The Committee recommends $1,014,144,000 for Deepwater,
$23,700,000 above the amount requested and $230,878,000 above
the fiscal year 2008 level. Details of major procurements under
this program and changes to the request are provided below.
MARITIME PATROL AIRCRAFT
The recommendation includes $86,600,000 for the Maritime
Patrol Aircraft, the same as the level requested in the budget.
This funding will allow the Coast Guard to acquire two aircraft
(13 and 14), mission systems, logistics and spare parts. Once
fully missionized, these aircraft will provide 2,400 annual
maritime patrol hours.
NATIONAL SECURITY CUTTER
The recommendation includes $353,700,000 for the National
Security Cutter [NSC], the same as the budget request. Of this
amount, $346,600,000 is for the production of NSC #4 and
$7,100,000 is for the structural retrofit of NSC #1. On May 8,
2008, the first NSC was accepted by the Coast Guard. NSC #1 has
now entered a 22-24 month operation, test, and evaluation
period. The Coast Guard has highlighted Information Assurance
as a significant risk category. For example, the Coast Guard
must meet TEMPEST certification to prevent unintended
information emanation, and in order to process classified
information. This certification has not occurred. The Coast
Guard is to keep the Committee updated on progress made to
resolve ongoing information assurance issues, including TEMPEST
certification, in addition to the status of critical decision
points and dates for all NSC's.
The Committee strongly supports the procurement of one
National Security Cutter per year until all eight planned ships
are procured. The continuation of production without a break
will ensure that these ships, which are vital to the Coast
Guard's mission, are procured at the lowest cost and that they
enter the Coast Guard fleet as soon as possible.
REPLACEMENT PATROL BOAT
The recommendation includes $115,300,000 for the Coast
Guard's replacement patrol boat known as the ``Fast Response
Cutter'' [FRC-B]. Of this amount, $94,000,000 is for production
of FRC-B #3 and #4 and $21,300,000 is for logistics (spares,
program management, and crew training). The FRC-B program is
critical for the Coast Guard to close the Coast Guard's patrol
boat hours gap, which is approximately 100,000 hours below the
desired level. The first FRC-B is scheduled for delivery during
the fourth quarter of 2010 and will be ready for mission status
in 2012. The Committee directs the Coast Guard to provide
quarterly briefings on the status of this procurement,
including critical decision points and dates, planned service
life extensions of the existing 110 foot patrol boats, and
patrol boat operational metrics.
MISSION EFFECTIVENESS PROJECT
The recommendation includes $66,300,000 for the Mission
Effectiveness Project, the same as the budget request. Of this
amount, $35,500,000 is for sustainment of two 270 feet and
three 210 feet medium endurance cutters, and $30,800,000 is for
sustainment of three 110 feet legacy patrol boats. This funding
will allow the Coast Guard to extend the operational life of
critical legacy cutters until Deepwater assets become available
for missions.
C-130J MISSIONIZATION AND FLEET INTRODUCTION
The Committee recommends $23,700,000 to complete the
missionization of aircraft 4 through 6, to include radars,
sensors, identification systems, displays, antennas, and a
mission operator's station. The request included no funding for
this program. In November 2007, the Coast Guard reported the
missionization project for the six C-130J's in inventory
exceeded the estimated cost to complete by 15 to 20 percent,
resulting in the missionization of only aircraft 1 through 3.
While the Committee remains concerned with the program's price
escalation, missionizing aircraft 4 through 6 is critical to
closing the shortfall of maritime patrol resource hours, which
is nearly 50 percent below its resource hour needs.
DEEPWATER EXPENDITURE PLAN
The Committee requires the Coast Guard to submit an
expenditure plan for Deepwater that contains the following:
lifecycle staffing and training needs; identification of
procurement competition and procurement plans that do not rely
on a single entity or contract and contain only limited
indefinite delivery, indefinite quantity contracts; activities,
milestones, yearly costs, and lifecycle costs of each major
asset, including independent cost estimates; DHS Chief Human
Capital Officer certification of sufficient human capital
capabilities; identification of project balances by fiscal year
and operational gaps for each asset; DHS Chief Procurement
Officer [CPO] certification of investment management process
compliance; DHS CPO certification of compliance with Federal
acquisition rules and actions taken to address areas of
noncompliance; status of open Inspector General and Government
Accountability Office [GAO] recommendations; and identification
of the use of the Defense Contract Auditing Agency. GAO is
directed to continue oversight of the Deepwater program, with
focus on review of the expenditure plan and assessment of the
operational gaps identified by the Coast Guard and the Coast
Guard's plans to address these gaps. The Coast Guard is
directed to brief the Committee on the process it will use to
resolve deviations from specified contract requirements and to
promptly notify the Committee of specific procurement contract
deviations.
INTERAGENCY OPERATIONS CENTERS
The Committee notes that the expenditure plan for
interagency operations centers submitted to the Committee on
March 30, 2008, lacked critical details on the development of
Command 21, provided limited information on cost estimates and
timelines for infrastructure upgrades at selected sector
commands, and did not provide a schedule for deployment of
information management software. The Committee directs the
Coast Guard to provide quarterly briefings on the status and
development of interagency operations centers. The first
briefing shall include a detailed explanation of how the
operational requirements for the Watchkeeper information
technology system were developed and validated, how the system
is being coordinated with existing Coast Guard and U.S. Customs
and Border Protection systems, and how the Coast Guard has
incorporated lessons learned from existing pilot technologies.
In addition, the quarterly report on acquisitions shall include
the status of interagency operations centers.
DEEPWATER HUMAN CAPITAL
In accordance with section 6402 of the fiscal year 2007
Supplemental Appropriations Act (Public Law 110-28), the Coast
Guard submitted a report on the resources (including training,
staff, and expertise) required to provide appropriate
management and oversight of the Integrated Deepwater Systems
program. The report provided limited insight into the Coast
Guard's human capital requirements, except to say that a
workforce resource plan was being developed that provides the
framework for assessing current and future workforce needs.
Given the challenges this program has experienced and the Coast
Guard's intention to assume the role of system integrator for
all Deepwater assets, the Committee is concerned with the lack
of progress made in developing workforce estimates. The Coast
Guard is to brief the Committee by July 31, 2008, detailing the
results of its workforce forecasting process and plans to fill
staffing shortfalls that will ensure a capable and productive
acquisition workforce now and in the future.
RESCUE 21
The Committee provides $73,000,000 for Rescue 21, the same
as the budget request level. The Committee remains concerned
with the status of the Rescue 21 program. As noted in the most
recent Coast Guard quarterly acquisition report, program costs
and schedule are ``red'' for ``significant risk'', which is
defined as ``[m]ajor problems requiring management attention.''
The Coast Guard's recent revision to the Rescue 21 Acquisition
Program Baseline revealed that the overall acquisition cost is
now estimated to be $1,066,000,000, an increase of
$336,000,000. In addition, the schedule to complete the program
has been extended by 6 years from 2011 to 2017.
The acquisition report noted problems with ``obtaining
tower leases, environmental concerns, FAA restrictions, wetland
delineation, and structural integrity issues.'' As a result,
the Coast Guard has been delayed in fielding Rescue 21
technology at certain sites. The report also raises concerns
with network reliability, although the Rescue 21 system
experiences substantially less outage time than the legacy
system. The Coast Guard is directed to continue quarterly
briefings on the status of the program, including plans for
backup communications systems to address availability concerns.
NATIONWIDE AUTOMATIC IDENTIFICATION SYSTEM
The Committee provides $8,600,000, $6,000,000 below the
budget request, for the Nationwide Automatic Identification
System [NAIS]. The reduction from the request is due to delays
in achieving initial operating capability for increment 2 of
NAIS. According to information included in the most recent
quarterly acqusition report, increment 2 is more likely to be
achieved by the fourth quarter of 2010, a full year later than
the schedule detailed in the budget request. The Coast Guard
has consistently carried over larger balances than projected
for this program, and as of March 31, 2008, over $37,000,000
remained unobligated. The Committee has little confidence the
requested amount will be fully obligated in fiscal year 2009
and therefore reduces the request by $6,000,000.
COAST GUARD ACADEMY PIER FOR USCGC ``EAGLE''
The Committee continues to be concerned with the pier used
to winter-berth the USCGC Eagle at the Coast Guard Academy. The
condition of the pier, which was erected in 1932, has severely
deteriorated according to an independent assessment conducted
on behalf of the Coast Guard in October 2004. However, the
request includes no funding for renovation or replacement of
the pier. According to the Coast Guard, a planning proposal for
the pier will be completed in July 2008. Once approved, the
pier project qualifies for survey and design funding. The
Committee encourages the Coast Guard to expeditiously address
the needs of the USCGC Eagle pier.
ACQUISITION PERSONNEL
As noted previously under the OE account in this report and
consistent with the request, the Committee provides funding in
the Coast Guard's OE appropriation for personnel compensation,
benefits, and the related costs of personnel administration for
projects funded by the AC&I appropriation.
CAPITAL INVESTMENT PLAN
The Committee expects the Coast Guard to continue to submit
a comprehensive capital investment plan each year at the time
the President's budget is submitted to the Congress.
The Committee directs the Commandant to provide to the
Congress, at the time of the President's budget submission, a
list of approved but unfunded Coast Guard priorities and the
funds needed for each.
ALTERATION OF BRIDGES
Appropriations, 2008.................................... $16,000,000
Budget estimate, 2009..........................................
Committee recommendation................................ 16,000,000
Under the provisions of the Truman-Hobbs Act of June 21,
1940 (33 U.S.C. 511 et seq.), the Coast Guard, as the Federal
Government's agent, is required to share with owners the cost
of altering railroad and publicly owned highway bridges which
obstruct the free movement of navigation on navigable waters of
the United States in accordance with the formula established in
33 U.S.C. 516. Alteration of obstructive highway bridges is
eligible for funding from the Federal-Aid Highways program.
COMMITTEE RECOMMENDATIONS
The Committee provides $16,000,000 for the alteration of
bridges. This is the same as the fiscal year 2008 level and
$16,000,000 more than the budget request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
ALTERATION OF BRIDGES
[In thousands of dollars]
------------------------------------------------------------------------
Fiscal year Fiscal year
2008 2009 budget Committee
enacted request recommendations
------------------------------------------------------------------------
Elgin, Joliet, and Eastern 2,000 ........... 2,125
Railway Company Bridge in
Morris, Illinois............
Fourteen Mile Bridge in 3,750 ........... 3,750
Mobile, Alabama.............
Burlington Northern Railroad 1,000 ........... 2,125
Bridge in Burlington, Iowa..
Chelsea Street Bridge in 2,000 ........... 2,125
Chelsea, Massachusetts......
Canadian Pacific Railway 3,500 ........... 2,125
Bridge in LaCrosse,
Wisconsin...................
Galveston Causeway Bridge in 3,750 ........... 3,750
Galveston, Texas............
------------------------------------------
Total, Alteration of 16,000 ........... 16,000
Bridges...............
------------------------------------------------------------------------
ELGIN, JOLIET, AND EASTERN RAILWAY COMPANY BRIDGE
The Committee is concerned about the alteration of the
Elgin, Joliet, and Eastern Railway Company Bridge near Morris,
Illinois. Through fiscal year 2008, the Committee has provided
$14,300,000 for this important bridge project. It is the
Committee's understanding that final design and engineering
work has been completed. The recommendation includes $2,125,000
for this bridge project and encourages the Coast Guard to begin
construction as expeditiously as possible.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriations, 2008.................................... $25,000,000
Budget estimate, 2009................................... 16,000,000
Committee recommendation................................ 16,000,000
The Coast Guard's Research and Development program develops
techniques, methods, hardware, and systems that directly
contribute to increasing the productivity and effectiveness of
the Coast Guard's operating missions. This account provides
funds to operate and maintain the Coast Guard Research and
Development Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $16,000,000 for the Coast Guard's
research, development, test, and evaluation activities, the
same as the request and $9,000,000 below the fiscal year 2008
level.
RETIRED PAY
Appropriations, 2008.................................... $1,184,720,000
Budget estimate, 2009................................... 1,236,745,000
Committee recommendation................................ 1,236,745,000
This account provides for the retired pay of military
personnel of the Coast Guard and Coast Guard Reserve, members
of the former Lighthouse Service, and for annuities payable to
beneficiaries of retired military personnel under the retired
serviceman's family protection plan (10 U.S.C. 1431-1446) and
survivor benefit plan (10 U.S.C. 1447-1455); payments for
career status bonuses under the National Defense Authorization
Act; and payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C., ch. 55).
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,236,745,000, as proposed in the
budget, for retired pay.
United States Secret Service
SALARIES AND EXPENSES
Appropriations, 2008.................................... $1,381,771,000
Budget estimate, 2009................................... 1,410,621,000
Committee recommendation................................ 1,414,279,000
The United States Secret Service's salaries and expenses
appropriation provides funds for the security of the President,
the Vice President, and other dignitaries and designated
individuals; for enforcement of laws relating to obligations
and securities of the United States and laws relating to
financial crimes; and for protection of the White House and
other buildings within the Washington, DC, metropolitan area.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,414,279,000 for Salaries and
Expenses. This is an increase of $32,508,000 from the
comparable fiscal year 2008 level and an increase of $3,658,000
from the level proposed in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
UNITED STATES SECRET SERVICE--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2009 budget Committee
2008 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, Management, and Administration................... 175,934 182,104 182,104
Protection:
Protection of Persons and Facilities....................... 693,535 710,468 710,468
Protective Intelligence Activities......................... 57,704 59,761 59,761
National Special Security Events........................... 1,000 1,000 1,000
Presidential Candidate Nominee Protection.................. 85,250 41,082 41,082
White House Mail Screening................................. 16,201 36,701 30,701
------------------------------------------------
Subtotal, Protection..................................... 853,690 849,012 843,012
================================================
Investigations:
Domestic Field Operations.................................. 219,742 241,772 241,772
International Field Office, Administration, Operations, and 27,520 28,342 30,000
Training..................................................
Electronic Crimes Special Agent Program and Electronic 44,565 47,836 55,836
Crimes Task Forces........................................
Support for Missing and Exploited Children................. 8,366 8,366 8,366
------------------------------------------------
Subtotal, Investigations................................. 300,193 326,316 335,974
================================================
Training: Rowley Training Center............................... 51,954 53,189 53,189
------------------------------------------------
Total, Salaries and Expenses............................. 1,381,771 1,410,621 1,414,279
----------------------------------------------------------------------------------------------------------------
OVERTIME CAP
Last year the House-passed Department of Homeland Security
Appropriation bill, 2008 (H.R. 2638) placed a $35,000 overtime
limitation on compensation received by Secret Service agents,
similar to an existing limitation on U.S. Customs and Border
Protection agents. The Secret Service responded to this
provision by stating that, ``This constraint on the amount that
can be paid for overtime work, because of the uncertain and
variable nature of the Service's protective mission, could have
very grave and unintended consequences.'' Further, the Office
of Management and Budget's [OMB] Statement of Administration
Policy in the bill indicated: ``The administration strongly
objects to the limitation on overtime compensation for Secret
Service employees. Given the uncertain and variable nature of
the Service's protective mission and the need for personnel
with varied specialized skills, this language would impair the
Service's ability to meet its mission. In addition, it would
not reduce costs and would require new administrative systems
to monitor overtime per employee.''
Based on the OMB argument, the Committees on Appropriations
of the House of Representatives and the Senate did not include
the House provision in the final bill that was signed into law
on December 26, 2007. On February 4, 2008, 6 weeks later, the
President's fiscal year 2008 budget reverses course and
requests a $35,000 cap on overtime compensation received by
Secret Service agents. The Committee agrees to establish such a
limitation, but only after the Director of OMB certifies that
such a cap will not significantly impact the mission of the
Secret Service and will result in reduced costs.
PROTECTION OF FORMER VICE PRESIDENTS
The United States Secret Service is authorized under
section 3056(a) of title 18, United States Code, to protect a
number of individuals, including the President and his family.
This administration has greatly expanded protection to many
individuals not designated by section 3056(a) of title 18,
United States Code, and now requests statutory authority in the
appropriations act to continue protection for a Vice President
and his spouse, if warranted, during the 6 months after an
individual ceases to serve as Vice President, or thereafter on
a temporary basis at any time the Secretary determines that
information or conditions warrant such protection. By executive
order or joint congressional resolution, every former Vice
President since Hubert Humphrey has received protection as
needed. The Committee supports providing security to former
Vice Presidents as needed, and includes 1-year authority to do
so. The Committee notes that the House has already passed the
Former Vice President Protection Act of 2008 (H.R. 5938) to
provide such protection permanently.
PROTECTION VERSUS INVESTIGATIONS
In fiscal year 2002, Secret Service agents, on average,
spent approximately 55 percent of their time protecting the
first family and others, and 45 percent of their time
investigating financial crimes and other non-protective
activities. For fiscal year 2009, the Secret Service estimates
that it will devote 71 percent of its efforts on protection,
while only 29 percent of its time will be spent on
investigations. The protection the Secret Service provides is
vital to the Nation's interests. So are its investigations.
Congress granted the agency flexibility in fiscal year 2008 to
shift resources between investigative activities and protective
activities; however, the Committee continues to be concerned
that the Department is not sufficiently allocating resources
between the dual missions and urges the administration to
develop better metrics.
CYBER CRIME INVESTIGATIONS
The Committee recommends $55,836,000 for cyber crime
investigations, an increase of $8,000,000 above the request.
The Committee is aware that the Secret Service's investigative
mission has expanded in recent years and is now challenged to
protect the Nation's financial infrastructure from computer and
web-based intrusions. The Internet is global, and so are the
threats to our money supply and banks. The personal information
of American citizens is regularly bought and sold by foreign
web-based vendors where discounts are given for bulk purchases
of credit card numbers, automatic teller machine card data,
personal identification numbers, and Social Security numbers.
The $8,000,000 increase above the request will provide further
resources to the Secret Service's law enforcement initiatives
in this area.
INTERNATIONAL OPERATIONS
Given the increasing globalization of financial crimes and
an increased reliance on the cooperation of foreign governments
in the detection, apprehension and conviction of foreign
criminals, the Committee recommends $30,000,000 for
International Field Office Administration and Operations,
$1,658,000 above the budget request, to expand foreign field
office operations.
WHITE HOUSE MAIL SCREENING
The Committee notes that construction on the new White
House mail facility has been sufficiently delayed to prevent
occupancy prior to fiscal year 2010 and therefore denies the
$6,000,000 increase sought for rental payments to the General
Services Administration for fiscal year 2009 rent.
MISSING AND EXPLOITED CHILDREN
As requested by the President, the Committee provides
$2,366,000 for the Secret Service's forensic support costs, and
provides $6,000,000, to remain available until expended, for
activities related to investigations of exploited children.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2008.................................... $3,725,000
Budget estimate, 2009................................... 3,725,000
Committee recommendation................................ 3,725,000
This appropriation provides funding for security upgrades
of existing facilities; to continue development of the current
Master Plan; to maintain and renovate existing facilities,
including the James J. Rowley Training Center (Center); and to
ensure efficient and full utilization of the Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends an appropriation of $3,725,000, as
proposed in the budget, for acquisition, construction, repair,
and improvement expenses of the Secret Service for fiscal year
2009.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
The National Protection and Programs Directorate aims to
foster better integration of national approaches between
strategic homeland security programs, facilitate infrastructure
protection, ensure broad emergency communications capabilities,
integrate risk management, and identity safeguards for visitors
to this country.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2009 budget Committee
2008 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration................................ 47,346 54,600 52,600
Infrastructure Protection and Information Security:
Infrastructure Protection................................ 272,596 272,800 297,641
Cyber Security........................................... 210,413 293,500 318,500
Office of Emergency Communications....................... 35,700 38,300 48,300
National Security Emergency Preparedness Telecoms........ 136,021 236,600 143,563
United States Visitor and Immigrant Status Indicator 475,000 390,300 180,300
Technology..................................................
--------------------------------------------------
Total, National Protection and Programs Directorate.... 1,177,076 1,286,100 1,040,904
----------------------------------------------------------------------------------------------------------------
MANAGEMENT AND ADMINISTRATION
Appropriations, 2008.................................... $47,346,000
Budget estimate, 2009................................... 54,600,000
Committee Recommendation................................ 52,600,000
This account funds salaries and expenses for the Office of
the Under Secretary, which oversees all activities of the
National Protection and Programs Directorate [NPPD]. This
account also funds business operations and information
technology support services, and facility expenses.
OFFICE OF INTERGOVERNMENTAL PROGRAMS
The Committee does not agree to fund the Office of
Intergovernmental Programs within NPPD.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
Appropriations, 2008.................................... $654,730,000
Budget estimate, 2009................................... 841,200,000
Committee recommendation................................ 808,004,000
Infrastructure Protection and Information Security [IPIS]
assists the entities and people responsible for securing the
Nation's critical infrastructure assets. In addition, IPIS
works collaboratively with public, private, and international
entities to secure cyberspace and U.S. cyber assets, and reduce
the vulnerability of the Nation's telecommunications and
information technology infrastructures.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$808,004,000 for Infrastructure Protection and Information
Security [IPIS] programs.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2009 budget Committee
2008 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection:
Identification and Analysis................................ 69,522 \1\77,326 82,603
Coordination and Information Sharing....................... 68,821 \1\45,644 52,367
Mitigation Programs........................................ 134,253 149,830 162,671
Cyber Security................................................. 210,413 293,500 318,500
Office of Emergency Communications............................. 35,700 38,300 48,300
National Security Emergency Preparedness Telecommunications:
Priority Telecommunications Service........................ 82,821 \2\109,778 58,740
Assistant Secretary for Cyber Security and Communications.. (\3\) 258 (\3\)
Enhanced Long-Range Navigation (e-loran)................... .............. 34,500 (\4\)
Next Generation Networks................................... 21,100 (\2\) 52,500
Programs to Study and Enhance Telecommunications........... 16,000 15,100 15,100
Critical Infrastructure Protection......................... 16,100 11,260 11,260
Industry Government and Interagency Processes.............. (\3\) 4,704 (\3\)
National Command and Control Capability.................... \3\3,831 61,000 5,963
------------------------------------------------
Total, Infrastructure Protection and Information Security 654,730 841,200 808,004
----------------------------------------------------------------------------------------------------------------
\1\Request realigns funds for various activities from Coordination and Information Sharing to Identification and
Analysis.
\2\Request realigns Next Generation Networks into Priority Telecommunications Service program, project, and
activity [PPA].
\3\Funding within the Priority Telecommunications Service PPA.
\4\Funding provided in Coast Guard Operating Expenses account.
INFRASTRUCTURE SECURITY COMPLIANCE
The Committee recommends $75,000,000, an increase of
$12,000,000 from the budget request, for chemical site and
ammonium nitrate security programs. The Committee notes that
while the administration has requested increased funding for
what it now calls Infrastructure Security Compliance, new
statutory requirements for the regulation of ammonium nitrate
will consume a substantial amount of the requested increase.
The Committee recommends $10,750,000, to fully fund the
authorized appropriation amount for ammonium nitrate regulatory
activities.
In the Department of Homeland Security Appropriations Act,
2008, a permanent change in the 3-year authorization was made
regarding preemption of State or local chemical facility
security standards.
NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER
The Committee recommends $20,000,000, the same as the
fiscal year 2008 level and an increase of $4,000,000 above the
budget request, for the National Infrastructure Simulation and
Analysis Center [NISAC], New Mexico. The Committee expects
Sandia and Los Alamos National Laboratories, located in New
Mexico, to continue to develop NISAC and to be the lead
entities in this initiative to secure the Nation's critical
infrastructure.
BOMBING PREVENTION
The Committee recommends $10,000,000 for the Office for
Bombing Prevention, an increase of $884,000 above the budget
request. The Committee continues to believe that terrorists may
export the bombing tactics they have developed in Iraq and
around the world to the United States and now is not the time
to cut programs at this office.
VULNERABILITY ASSESSMENTS
The Committee notes that while the Office of Infrastructure
Protection has conducted many vulnerability assessments of
critical infrastructure and key resources, much work remains to
be done. The fiscal year 2009 justification indicates that it
will ``conduct approximately 315 vulnerability assessments on
Tier 1 and 2 Critical Infrastructure and Key Resources,
utilizing the National Guard in coordination and collaboration
with Federal, State, local, and private sector partners.''
While the Committee strongly supports this work, it notes that
at that pace, it will take roughly 10 years to finish these
assessments, even if no new facilities are added to the
inventory. The Committee recommends $25,409,000, an increase of
$8,000,000 from the budget request to accelerate these
assessments and assessments training programs and directs the
Department to report to the Committee by March 20, 2009, on
progress it has made to expand vulnerability assessment
capacity.
NATIONAL COMMAND AND CONTROL CAPABILITY
The Committee recognizes the ongoing need for information
sharing between all levels of Government, the intelligence
community and end users, and even within individual agencies.
Indeed, a major theme of the ``9/11 Commission Report and the
Federal Response to Hurricane Katrina: Lessons Learned'' is
that information sharing is critically needed to support crisis
management during emergency events. However, the Committee
notes with concern what appears to be a haphazard approach to
integrate information sharing programs that support crisis
management, particularly with regard to information technology
systems.
The Department is requesting funds for a new information
sharing initiative, the National Command and Control Capability
[NCCC], but has not been able to provide strategic planning
documents to support this initiative. In addition, the
Department has not shown how or if end users have been
consulted in establishing program requirements or if this
program is duplicative of ongoing efforts in other components.
Failure to do so may place the program at risk of not
delivering capabilities that meet end user needs.
The Department projects the 8-year cost estimate to conduct
two initial operational capability phases and begin definition
of the full operational capability is approximately
$400,000,000. However, the Department has not defined the full
operational capability that the NCCC is intended to deliver and
is therefore unable to project the total cost estimate for this
new initiative. The absence of input from end users and clearly
defined program requirements from the outset could result in
less than desirable outcomes at considerable expense and
duplication of effort. Further, it is important that the full
costs are known at the outset to help ensure the sustainability
of the program.
Therefore, the Committee recommends, $5,963,000, an
increase of $2,132,000 above the fiscal year 2008 level
included in the Priority Telecommunication Service PPA and
$55,037,000 below the budget request, for the Department to
enhance the planning and coordination efforts for the NCCC
initiative. The Committee also directs the Government
Accountability Office to: (1) examine the business case for the
NCCC effort including strategic relevance and the extent to
which it supports end users needs; (2) review NCCC's plans to
integrate the existing information sharing infrastructure to
support crisis management; (3) evaluate NCCC's program plans
and budgets for the current and upcoming budget years; (4)
identify key risks that may jeopardize program success; and (5)
look for duplication of effort.
PRESIDENTIAL DIRECTIVES
The Committee notes the administration has released several
Homeland Security Presidential Directives over the last year,
including ones concerning the deterrence of the use of
improvised explosive devices and efforts to enhance cyber
security. However, in both cases these documents are
classified, putting them out of the reach of many of the people
responsible for their implementation. While making
determinations about the classification of sensitive materials
is ultimately the responsibility of the executive branch, the
Committee strongly urges the agencies responsible to re-examine
their policies to be certain that the public good would not be
better served if these documents and the information contained
in them were more accessible to appropriate State, local, and
private sector officials.
NATIONAL CYBER SECURITY DIVISION
The Committee recommends $318,500,000 for the National
Cyber Security Division, an increase of $25,000,000 from the
budget request, to assess and mitigate critical information
technology assets and provide cyber threat, analysis, early
warning, and incident response assistance for public and
private sector constituents.
While the Committee supports the administration's cyber
security initiative, it is essential that the initiative
strictly conform to existing privacy and computer security
laws. Though designed to protect the Nation, new technologies
developed for national security systems and used by the
civilian agencies will raise privacy implications. Further, the
roles and responsibilities of each of the national security and
domestic agencies need to be clearly articulated. The Committee
directs the administration to conduct a privacy impact
assessment of its cyber security initiative and assure it
conforms to the Fair Information Practices embodied in the
Privacy Act of 1974. The administration shall brief the
Committee on the status of these assessments no later than
October 31, 2008.
ENHANCED LONG RANGE NAVIGATION
The Committee acts with no prejudice on the budget request
for NPPD to assume a dominant role in the development of the
Enhanced-Long Range Navigation [e-loran] system, but does not
recommend transfer of $34,500,000 from the Coast Guard to NPPD,
as requested in the budget. These resources are proposed to be
appropriated to NPPD and transferred back administratively to
the Coast Guard to continue operation of loran-C. NPPD should
determine how much it will need to develop this new system and
request resources accordingly. Funds are retained in the Coast
Guard appropriation to continue operation of loran-C.
OFFICE OF EMERGENCY COMMUNICATIONS
The Committee recommends $48,300,000 for the Office of
Emergency Communications, an increase of $10,000,000 from the
budget request for six international interoperability border
demonstration projects authorized by section 302 of the
Implementing Recommendations of the 9/11 Act of 2007.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
Appropriations, 2008\1\................................. $475,000,000
Budget estimate, 2009................................... 390,300,000
Committee recommendation................................ 180,300,000
\1\Includes $275,000,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
The United States Visitor and Immigrant Status Indicator
Technology [US-VISIT] account funds the development of a system
to collect, maintain, and share appropriate information through
an integrated information technology system, which determines
the eligibility of aliens for admissions and benefits.
The US-VISIT program office has lead responsibility within
the Department of Homeland Security to work with the Federal
Bureau of Investigation [FBI] on the further integration of the
Automated Biometric Identification System [IDENT] and the FBI's
Integrated Automated Fingerprint Identification System [IAFIS].
COMMITTEE RECOMMENDATIONS
The Committee recommends $180,300,000, to remain available
until expended, for the United States Visitor and Immigrant
Status Indicator Technology [US-VISIT].
The Committee had hoped that a major corner had been turned
with the US-VISIT program when it appeared that new leadership
within the National Protection and Programs Directorate
understood the criticality of this program to be a robust and
growing biometric identification and tracking system. The
Senate reduction to the fiscal year 2008 budget request was
restored and additional funds were provided during conference
bringing the total fiscal year 2008 funding for US-VISIT to
$475,000,000. The $13,000,000 increase above the request was
provided to expedite development of an air and sea exit
solution.
It is now the third quarter of the fiscal year and the
Committee only received the US-VISIT expenditure plan, which is
required by law to be reviewed by the Government Accountability
Office [GAO], on June 12, 2008. Until the fiscal year 2008 plan
is reviewed by the GAO and approved by the Committees on
Appropriations, $125,000,000 remains unavailable for
obligation. Under the best of circumstances these funds likely
will not become available for obligation until September. As
for expediting the air and sea exit solution, publication of
the Notice of Proposed Rulemaking for air exit was delayed
until April 22, 2008.
The men and women working daily in the program management
office are to be commended for accomplishing all that they have
to date, but it is the Committee's conclusion that a robust
``entry-exit'' program must wait for the next administration to
execute. Entry is working and unique identity continues to make
great strides in biometric identity management.
As a result of the Department's delay in submitting the
fiscal year 2008 expenditure plan the Department has
essentially made this program a forward funded account.
Therefore, the Committee recommends $180,300,000, a reduction
of $210,000,000 from the budget request, for US-VISIT. The
Committee notes that one-third of the request for US-VISIT is
for operations and management, and that an additional
$62,000,000, as requested in the budget, is provided in the
U.S. Customs and Border Protection, ``Salaries and Expenses''
account for this purpose.
UNIQUE IDENTITY (FORMERLY IDENT/IAFIS INTEGRATION AND 10-PRINT
TRANSITION)
Since the creation of the Department, this Committee has
strongly supported and encouraged real-time interoperability
between the IDENT and IAFIS biometric databases and transition
to capturing 10 fingerprints of all visitors. The Committee is
pleased that significant and aggressive progress has been made
on both of these fronts and has provided full funding of
$66,368,000 for Unique Identity, including the proposed
enhancements, as requested in the budget. The Committee directs
the US-VISIT program office to continue aggressively pursuing
this issue and to continue providing quarterly briefings on
progress being made on Unique Identity.
Office of Health Affairs
Appropriations, 2008.................................... $116,500,000
Budget estimate, 2009................................... 161,339,000
Committee recommendation................................ 171,339,000
SUMMARY
The Office of Health Affairs [OHA], headed by the Chief
Medical Officer who also serves as the Assistant Secretary for
Health Affairs, leads the Department on medical issues related
to natural and man-made disasters; serves as the principal
advisor to the Secretary on medical and public health issues;
coordinates biodefense activities within the Department; and
serves as the Department's primary contact with other
Departments and State, local, and tribal governments on medical
and public health issues.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
OFFICE OF HEALTH AFFAIRS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2009 budget Committee
2008 enacted request\1\ recommendations
----------------------------------------------------------------------------------------------------------------
Biowatch....................................................... 77,108 111,606 111,606
National Biosurveillence Integration System.................... 8,000 8,000 8,000
Rapidly Deployable Chemical Detection System................... 2,600 2,600 2,600
Planning and Coordination...................................... 4,475 9,923 9,923
Salaries and Expenses.......................................... 24,317 29,210 39,210
------------------------------------------------
Total, Office of Health Affairs.......................... 116,500 161,339 171,339
----------------------------------------------------------------------------------------------------------------
\1\Excludes $2,175,000,000 appropriated in the Department of Homeland Security Appropriations Act of 2004
(Public Law 108-90) for Biodefense Countermeasures that becomes available for obligation in fiscal year 2009.
SALARIES AND EXPENSES
The Committee recommends $39,210,000 for salaries and
expenses, an increase of $10,000,000 from the budget request.
NUCLEAR EVENT PUBLIC HEALTH
The Committee is disappointed that the administration has
done little to prepare the Nation to face the consequences of a
nuclear attack. While the administration has aggressively
pursued technologies to detect potential nuclear weapons at our
borders and beyond, secured nuclear materials in foreign
countries, and other defensive activities, it has done
virtually nothing to educate or prepare the Nation for a
nuclear attack. Congress acted with $5,500,000 in the fiscal
year 2007 supplemental appropriations (Public Law 110-28) to
begin modeling the effects of a potential nuclear attack and
begin planning ways to mitigate its effects, including
direction to develop effective communications. The President
sought no additional funding for fiscal year 2009 for these
activities.
The Committee recommends $10,000,000 to continue modeling
effects of potential nuclear attacks, coordinate with the
Federal Emergency Management Agency to build on workshops
previously conducted on planning efforts, and to continue to
develop and test pre-event and post-event communication
strategies.
IMMIGRANT HEALTH CARE
The Committee is aware that OHA has been tasked to review
healthcare policies at departmental detention facilities and
directs OHA, in conjunction with U.S. Immigration and Customs
Enforcement and the Division of Immigration Health Services, to
brief the Committee within 30 days after the date of enactment
of this act on any initial findings.
Federal Emergency Management Agency
MISSION
The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and
protect the Nation from all-hazards, including natural
disasters, acts of terrorism, and other man-made disasters, by
leading and supporting the Nation in a risk-based,
comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$7,352,997,000 for activities of FEMA for fiscal year 2009.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration.......................... 664,000 \1\957,405 892,507
State and Local Programs............................... \2\3,177,800 \3\1,900,000 3,029,400
Firefighters Assistance Grants......................... 750,000 300,000 750,000
Emergency Management Performance Grants................ 300,000 (\4\) 300,000
Radiological Emergency Preparedness Program............ -505 -505 -505
United States Fire Administration...................... 43,300 (\5\) 43,300
Disaster Relief Fund................................... \6\1,400,000 1,900,000 1,900,000
Disaster Readiness and Support......................... ................. 200,000 .................
Disaster Assistance Direct Loan Program Account........ 875 \7\295 \7\295
Flood Map Modernization Fund........................... 220,000 150,000 185,000
National Flood Insurance Fund.......................... (145,000) (156,599) (156,599)
National Flood Mitigation Fund......................... (34,000) (\8\) (\8\)
National Pre-disaster Mitigation Fund.................. 114,000 75,000 100,000
Emergency Food and Shelter............................. 153,000 100,000 153,000
--------------------------------------------------------
Total, Federal Emergency Management Agency......... 6,822,470 5,582,195 7,352,997
----------------------------------------------------------------------------------------------------------------
\1\Includes $40,913,000 for the United States Fire Administration.
\2\Includes $110,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161) for Operation Stonegarden and REAL ID Grants.
\3\Includes $200,000,000 for Emergency Management Performance Grants.
\4\Budget proposes $200,000,000 under State and Local Programs.
\5\Budget proposes $40,913,000 under Management and Administration.
\6\Excludes $2,900,000,000 in emergency appropriations pursuant to Public Law 110-116.
\7\Funding for administrative expenses totaling $580,000 is provided in the FEMA Management and Administration
account.
\8\Funding totaling $35,700,000 for national flood mitigation purposes is provided in the National Flood
Insurance Fund instead of transferring funding to a separate account, as in previous years.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2008.................................... $664,000,000
Budget estimate, 2009\1\................................ 957,405,000
Committee recommendation................................ 892,507,000
\1\Includes $40,913,000 for the United States Fire Administration.
Funding for Management and Administration [M&A] provides
for the development and maintenance of an integrated,
nationwide capability to prepare for, mitigate against, respond
to, and recover from the consequences of major disasters and
emergencies, regardless of cause, in partnership with Federal
agencies, State, local, and tribal governments, volunteer
organizations, and the private sector. M&A supports FEMA's
programs by coordinating between Headquarters and Regional
Offices the policy, managerial, resources, and administrative
actions.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $892,507,000
for Management and Administration. The funds are to be
distributed as follows: $484,396,000 for Operations Activities;
$369,269,000 for Management Activities; $6,342,000 for the
Office of National Capital Region Coordination; and $32,500,000
for Urban Search and Rescue Teams.
The specific levels recommended by the Committee, as
compared to the fiscal year 2008 and budget request levels, are
as follows:
MANAGEMENT AND ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2009 budget Committee
2008 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Operating Activities\1\........................................ 625,500 .............. ...............
Operations Activities.......................................... .............. 515,881 484,396
Management Activities.......................................... .............. 369,269 369,269
National Capital Region Coordination........................... 6,000 6,342 6,342
Urban Search and Rescue........................................ 32,500 25,000 32,500
United States Fire Administration.............................. (\2\) 40,913 (\2\)
------------------------------------------------
Total, Management and Administration..................... 664,000 957,405 892,507
----------------------------------------------------------------------------------------------------------------
\1\Funding for Operations Activities and Management Activities were included in one account, Operating
Activities, in fiscal year 2008.
\2\Funds appropriated under the United States Fire Administration account.
OPERATIONS ACTIVITIES
The Committee recommends $484,396,000 for Operations
Activities, instead of $515,881,000 as proposed in the budget.
The Committee also includes a transfer of up to $43,485,000
from Disaster Relief to complete the conversion of Cadre On-
Call Employees [CORE] into permanent full-time employees. The
Committee does not agree to merge the United States Fire
Administration appropriation into this account, and maintains
it as a separate appropriation. An additional $10,000,000 is
included for the integrated public alert and warning system, as
described later in the report.
Operations Activities include funding for the National
Preparedness Directorate, the Grant Programs Directorate, the
Logistics Management Directorate, the Disaster Operations
Directorate, National Continuity Programs, the Disaster
Assistance Directorate, and the Mitigation Directorate.
Additionally, as requested in the budget, the Committee has
included a realignment of administrative costs for the Disaster
Assistance Direct Loan Program by including the requested
$580,000 in this Management and Administrative account instead
of in the Disaster Assistance Direct Loan Program account.
MANAGEMENT ACTIVITIES
The Committee recommends $369,269,000 for Management
Activities, as proposed in the budget. This amount includes up
to $3,200,000 for the Reserve Workforce Credentialing and
Recruitment Plan.
Management Activities include funding for the Office of the
Administrator, the Office of Policy and Program Analysis, the
Office of the Chief Financial Officer, the Office of the Chief
Counsel, the Office of Equal Rights, the Office of Regional
Operations, the Office of External Affairs, and the Office of
Management.
FISCAL MANAGEMENT AND TRANSPARENCY IN SPENDING
The Committee includes a provision directing FEMA to submit
its fiscal year 2010 budget request, including justification
materials, by office. Each office and FEMA region shall
provide: (1) budget detail by object classification; (2) the
number of full-time equivalents on board; (3) the number of
full-time equivalent vacancies; and (4) the appropriation
account(s) used to support the office and the programs managed
by the office. This level of detail provides improved
transparency and refined tracking of actual spending which is
imperative given FEMA's growth in size and mission. Further,
FEMA shall report to the Committee within 15 days if any office
receives or transfers more than 5 percent of the total amount
allocated to each office.
The Committee recognizes that FEMA has implemented other
measures to improve financial management. These measures
include important investments in information systems for
budgeting and financing, and the Investment Working Group
process which provides cross-programmatic examination of
resource decisions across the Agency. The Committee supports
continued investments in financial and budget information
systems and encourages FEMA to continue use of the Investment
Working Group.
FINANCIAL WEAKNESSES
Despite improvements in fiscal management and transparency,
FEMA still has material financial weaknesses as reported by the
Office of Inspector General in the Independent Auditors' Report
on DHS' Fiscal Year 2007 Financial Statements in November 2007.
The report indicates that weaknesses are attributed to: FEMA
accounting and financial reporting requirements which are very
diverse; FEMA's mission which supports multifaceted operations;
and recent reorganizations of the Agency. While recognizing the
complexity of the FEMA mission, the Committee directs FEMA to
correct these weaknesses without delay. The Committee directs
FEMA to provide a report to the Committees on Appropriations
within 45 days of enactment of this act on the progress of
completing the Corrective Action Plan/Mission Action Plan to
address financial material weaknesses.
FEMA WORKFORCE
With the current recommended resources, FEMA will have more
than doubled the number of full-time equivalents [FTE] between
2005 and 2009. The Committee commends the service and
dedication of all FEMA employees. The Committee recognizes that
through the strategic human capital plan, as required in the
Post-Katrina Emergency Management Reform Act (Public Law 109-
295), FEMA has defined five strategic initiatives to ensure the
FEMA workforce can best meet the FEMA mission. FEMA is directed
to brief the Committee within 60 days of enactment of this act
regarding: the progress of implementing each initiative; the
timeframe for specific milestones to be accomplished; and the
resources needed to accomplish those milestones.
The Committee is concerned that the Disaster Assistance
Directorate is too reliant on temporary employees for projects
related to public assistance creating a lack of consistent
decisionmaking and reliable information for State and local
governments in the midst of recovery efforts. The constant
turnover in FEMA personnel results in poor transitions of
project management from one individual to the next, and
frequent overturning of previous decisions relied upon by local
communities to make funding and planning decisions. The FEMA
CORE conversion program will increase the number of permanent
personnel devoted to Public Assistance from 72 to 129, which
will begin to address the issue of project management and
stability. The Committee also believes that permanent and
reserve employees who handle public assistance projects would
strongly benefit from training on FEMA policy and regulations
to increase the consistency of decisionmaking in the field.
WORKING WITH GRANT PARTNERS
The Secretary and the Administrator of FEMA each have
responsibilities in the State and Local Programs grant process.
Distributing needed resources to State and local partners
should be a positive and cooperative effort. When it is not--
resources are wasted and progress in security is hampered. Yet,
each year grant award distribution has drawn the ire of
awardees who assert the Department has not listened to its
needs nor been transparent in its decisionmaking. Cooperating
partners are often dissatisfied with the opportunities afforded
to them in homeland security efforts through grant programs
which do not match their needs, contain surprises regarding
changes in policy at the last minute, or include unexpected
requirements for cost sharing. Further, the Committee
recognizes that the spirit and letter of the 9/11 Act, which
authorized many of the grant programs in July 2007, has not
been properly executed.
The Committee is dismayed that after 5 full fiscal years of
awarding grants there is still a lack of effective
implementation. For example, each year there are still major
changes to grant guidance after official issuance that are
largely related to issues that have been discussed for years.
There have been 11 changes so far in fiscal year 2008.
A few grant programs are well executed. For example, the
Assistance to Firefighter Grant Program has a well-established
and well-documented process to include stakeholder input. Other
programs, such as the Port Security Grant program have
proactive subject matter experts, such as the Coast Guard,
which dedicate many staff hours to understand and incorporate
partners' needs into the program. Unfortunately, some programs
such as the Transit Security Grant program do not have adequate
processes by which to work with partners to ensure all
improvements to homeland security for the transit sector are
considered and incorporated. Further, fiscal year 2008 funds
appropriated for the Emergency Management Performance Grant
program were subject to last minute policy changes, which were
a surprise to stakeholders who had previously been involved in
development of the grant guidance. While not every need and
desire of each potential grantee can or should be accommodated,
the opportunity for meaningful input into the prioritization of
National needs is required to achieve the most effective
improvements in security.
The National Homeland Security Consortium in the April 2008
report, ``Imperatives for the Homeland'', states that: ``Our
Nation is at a crossroads in its efforts to secure the
homeland. The Federal Government has the opportunity to
transition from top-down direction to meaningful cooperative
engagement with all non-Federal stakeholders. Doing so will
enhance unity and allow us to achieve more rapid progress
across the many challenges we confront . . .''
Therefore, the Committee includes a provision which
withholds $10,000,000 from FEMA Management and Administration
until the Secretary, in coordination with the Administrator of
FEMA, certifies and reports to the to the Committee that the
processes to incorporate stakeholder input for grant guidance
development and award distribution have been: (1) developed to
ensure transparency and increased information gathering about
security needs for all-hazards; (2) formalized and made clear
to stakeholders; and (3) formalized to ensure future use for
each fiscal year. A provision withholding $10,000,000 has also
been included for the Office of the Secretary and Executive
Management. To the extent possible, organizations and officials
already involved in the process, such as the State
Administrative Agencies, Regional Working Groups, Federal
Preparedness Coordinators, and the National Advisory Council,
as well as other stakeholder groups shall be used and included
in the process.
INFORMATION AND TECHNOLOGY
The Committee approves the President's budget request for
information technology improvements, including an increase of
$20,750,000. It is imperative that FEMA have cutting-edge
information systems for effective preparedness and response to
disasters. The Committee understands that a preliminary 5-year
plan has been developed and the final 5-year implementation
plan required in the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161) is on schedule
for completion no later than October 2008. The Committee also
understands that FEMA is taking steps to institutionalize a
process to ensure information systems are being reviewed for
needed updates so that systems do not deteriorate beyond
effective use. This process includes the adoption of the
Department's system life cycle procedures, FEMA's capital
planning and investment control process, and a requirement that
information technology process compliance be a part of
individual performance plans for appropriate employees. The
Committee encourages FEMA to continue these proactive measures.
INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
The Committee recommends $35,000,000, an increase of
$10,000,000 from the budget request level, to expedite the
modernization of the Emergency Alert System [EAS], including
the conversion of EAS to digital capability. Of the increase
provided, up to $2,000,000 shall be used to validate Radio
Broadcast Data System Technology as an effective means of
notification of individuals during emergencies, to be
competitively awarded.
SHELF STABLE MEALS
The Committee directs FEMA to provide a report on the
implications to States for making shelf stable meals an
allowable expense under the Homeland Security Grant Program.
The report, to be provided to the Committee no later than March
3, 2009, shall include a review of the required sustainment
costs and needed coordination with Federal logistics.
READY.GOV
The Committee transfers the responsibility for the
Ready.gov program to FEMA from the Office of the Secretary and
Executive Management account. Funding of $2,000,000 is provided
for this program.
INTEGRATING NON-FEDERAL STAKEHOLDERS
In June 2008, the Government Accountability Office [GAO]
released a report regarding the need for FEMA to better
integrate non-Federal stakeholders in the National Response
Framework revision process (GAO-08-768). FEMA is directed to
brief the Committee within 60 days after the date of enactment
of this act regarding its plan to implement GAO recommendations
on this topic.
NUCLEAR EVENT PREPAREDNESS
FEMA is directed to work with the DHS Office of Health
Affairs regarding nuclear event preparedness as described in
this report.
PRIVATE SECTOR PREPAREDNESS
The Committee notes that FEMA has increased
responsibilities regarding private sector preparedness under
the 9/11 Act. FEMA is directed to brief the Committee within 60
days after the date of enactment of this act on its
implementation plans for this responsibility.
OFFICE OF CHIEF COUNSEL
The Committee has previously expressed concern that the
Office of the Chief Counsel [OCC] was not positioned to support
the spirit of FEMA's mission by advising FEMA, within the
bounds of the law, to best protect and serve American citizens
during emergencies. Therefore, the Department of Homeland
Security Appropriations Act, 2008 (Public Law 110-161) required
the OCC to revamp the Office to better support the needs of
FEMA. In accordance with the requirement, the Committee
understands that the OCC has implemented three significant
changes. These changes include: making the lead field counselor
a direct report to the Chief Counsel; requiring each manager to
deploy to a disaster; and requiring each OCC employee to
complete 30 hours of training. The Committee encourages the OCC
to continue these efforts and review and incorporate other
employee education and training methods to maintain the highest
quality support for FEMA.
OFFICE OF NATIONAL CAPITAL REGION COORDINATION
The Committee recommends $6,342,000 for the Office of
National Capital Region Coordination [ONCRC], as requested in
the budget. Congress established the ONCRC to enhance domestic
preparedness through cooperation of the Federal, State, and
local governments in the unique environment of the National
Capital Region [NCR].
The Committee remains concerned that planning for
evacuation of the NCR during a disaster has not incorporated
all of the pertinent officials from the appropriate local
communities and States in the decisionmaking process.
Therefore, the Committee includes bill language requiring
inclusion of the Governors of the State of West Virginia and
the Commonwealth of Pennsylvania in the NCR decisionmaking and
planning process for mass evacuations. Further, the Committee
again directs the Department to include officials from the
counties and municipalities that contain the evacuation routes
and their tributaries in the planning process.
URBAN SEARCH AND RESCUE
The Committee recommends $32,500,000, a $7,500,000 increase
over the President's request to support the 28 existing Urban
Search and Rescue Teams. The Committee notes that the second
equipment caches, which were purchased with fiscal year 2003
and 2004 funding, should be properly maintained and equipment
should be replaced as needed to maintain full operational
capability.
STATE AND LOCAL PROGRAMS
Appropriations, 2008\1\................................. $3,177,800,000
Budget estimate, 2009\2\................................ 1,900,000,000
Committee recommendation................................ 3,029,400,000
\1\Includes $110,000,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
\2\Includes $200,000,000 for Emergency Management Performance Grants.
State and Local Programs provide grants for training,
equipment (including interoperable communications equipment),
exercises, and technical assistance to improve readiness for
potential disasters.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2009 budget Committee
2008 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Grants:
State Homeland Security Grant Program................... 890,000 200,000 \1\890,000
REAL ID Grants.......................................... \2\50,000 (\3\) \4\(50,000)
Operation Stonegarden................................... \2\60,000 ............... ................
Urban Area Security Initiative.......................... 820,000 825,000 825,000
Regional Catastrophic Preparedness Grants............... 35,000 ............... 35,000
Metropolitan Medical Response System.................... 41,000 ............... 33,000
Citizen Corps........................................... 15,000 15,000 15,000
Public Transportation Security Assistance and Railroad 400,000 175,000 400,000
Security Assistance....................................
Port Security Grants.................................... 400,000 210,000 400,000
Over-the-Road Bus Security Assistance................... 11,500 12,000 12,000
Trucking Industry Security Grants....................... 16,000 8,000 8,000
Buffer Zone Protection Program Grants................... 50,000 (\3\) 50,000
Commercial Equipment Direct Assistance Program.......... 25,000 ............... 10,000
Interoperability Emergency Communications Grant Program. 50,000 ............... 50,000
Emergency Operations Centers............................ 15,000 ............... 10,000
Emergency Management Performance Grants................. (\5\) 200,000 (\5\)
National Security and Terrorism Prevention Grants....... ............... 110,000 ................
---------------------------------------------------
Subtotal, Grants...................................... 2,878,500 1,755,000 2,738,000
===================================================
National Programs:
National Domestic Preparedness Consortium/Other Pro- 88,000 32,000 101,900
grams..................................................
Center for Domestic Preparedness/Noble Training Center.. 62,500 47,000 62,500
National Exercise Program............................... 50,000 40,000 40,000
Technical Assistance.................................... 12,000 10,000 12,000
Demonstration Training Grants........................... 28,000 ............... 25,000
Continuing Training Grants.............................. 31,000 ............... 31,000
Evaluations and Assessments............................. 19,000 16,000 19,000
Rural Domestic Preparedness Consortium.................. 8,800 ............... ................
---------------------------------------------------
Subtotal, National Programs........................... 299,300 145,000 291,400
===================================================
Total, State and Local Programs....................... 3,177,800 1,900,000 3,029,400
----------------------------------------------------------------------------------------------------------------
\1\Includes $50,000,000 for REAL ID Grants.
\2\Designated as emergency appropriations pursuant to the Department of Homeland Security Appropriations Act,
2008 (Public Law 110-161).
\3\Budget proposes funding under National Security and Terrorism Prevention Grants.
\4\Funding totaling $50,000,000 for REAL ID Grants is included in the State Homeland Security Grant Program.
\5\Funds appropriated under the Emergency Management Performance Grants account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $3,029,400,000 for State and Local
Programs. The funds provided for State and local grants are to
be used for purposes consistent with each State's homeland
security strategy, including: training and exercises;
equipment, including interoperable communications equipment;
and technical assistance; and may not, with certain exceptions,
be used for construction activities.
State and local assistance is for strengthening ``first
responders''--police, fire, rescue, emergency, medical and
other personnel--who are first on scene in the event of a
terrorist attack, natural disaster, or a catastrophic event.
For purposes of eligibility for funds under this heading, any
county, city, village, town, district, borough, parish, port
authority, transit authority, intercity rail provider, commuter
rail system, freight rail provider, water district, regional
planning commission, council of government, Indian tribe with
jurisdiction over Indian country, authorized tribal
organization, Alaska Native village, independent authority,
special district, or other political subdivision of any State
shall constitute a ``local unit of government.''
The Committee urges the Department to work with State and
local governments to ensure regional authorities, such as port,
transit, or tribal authorities, are given due consideration in
the distribution of State formula grants. The Department is
encouraged to consider the need for mass evacuation planning
and pre-positioning of equipment for areas potentially impacted
by mass evacuations in allocating first responder funds. The
Committee is concerned that Emergency Medical Services [EMS] is
not considered an equal partner among the first responder
community and encourages FEMA to require State and local
governments to include EMS representatives in planning efforts.
Additionally, the Committee is concerned that State and local
cyber security issues are not receiving the required resources
and attention and FEMA is encouraged to require State and local
governments to include Chief Information Officers in planning
efforts as well.
The Committee is supportive of the Department's efforts to
evaluate applications based on risk and effectiveness. The
Department should continue its efforts to evaluate the State
Homeland Security Grant Program [SHSGP] and the Urban Area
Security Initiative [UASI] applications based on how
effectively these grants will address identified homeland
security needs. In those areas of the country where the risk is
very high, the Department shall work aggressively to ensure
these applications are produced in a manner in which
appropriate levels of funding reflects the level of threat.
The Committee expects FEMA to continue to fully engage
subject matter experts within the Department when appropriate
in the development of grant guidance and the determination of
awards. Subject matter experts include the Coast Guard, the
Transportation Security Administration, the National Protection
and Programs Directorate, the Office of Health Affairs, Science
and Technology, the Law Enforcement Advisor to the
Administrator, and the DHS Office of State and Local Law
Enforcement. Full engagement of subject matter experts,
however, does not diminish FEMA's responsibilities to be the
lead Agency and foremost coordinator of each of the grant
programs. FEMA is directed to assume all programmatic functions
of grant programs for the Department and shall be the primary
point of contact for all grantees.
The Committee includes specific timeframes for grant dollar
distribution and expects FEMA and the Department to comply with
the law to ensure homeland security funds are distributed in a
timely manner. For SHSGP, UASI, Regional Catastrophic
Preparedness Grants, Metropolitan Medical Response System
Grants, and Citizens Corps Program grant guidance shall be
issued in 25 days, applicants shall apply within 90 days after
guidance is issued, and FEMA shall act on the application
within 90 days after applications are due. For Public
Transportation Security Assistance and Railroad Security
Assistance, Port Security Grants, Over-The-Road Bus Security
Assistance, Trucking Industry Security Grants, and Buffer Zone
Protection Program, grant guidance shall be issued in 30 days,
applicants shall apply within 45 days after guidance is issued,
and FEMA shall act on the application within 60 days after
applications are due.
The Committee includes bill language requiring the
Government Accountability Office to report on the validity,
relevance, reliability, timeliness, and availability of the
risk factors, and the application of those factors in the
allocation of discretionary grants to the Committees on
Appropriations of the Senate and the House of Representatives
no later than 45 days after the date of enactment of this act.
The report shall also evaluate FEMA's compliance with section
203(b) of the 9/11 Act regarding the assessment and designation
of high risk urban areas.
MAJOR PROGRAM TERMINATIONS OR REDUCTIONS
For the fifth straight year, the President's request has
proposed significant reductions to State and Local Programs.
These proposed reductions are made with no reliable data to
prove that the equipment, training, and planning purchased to
date have made the Nation sufficiently capable to prepare for
and respond to disasters. In fact, the Department's own data
has shown that 61 percent of States and 69 percent of urban
areas do not have adequate plans to respond to a catastrophic
event. Other reports demonstrate that 32 of 37 major cities
were graded C or below in Evacuation Capacity; over one-fourth
of firefighters per shift are still not equipped with self-
contained breathing apparatus; 58 percent of urban areas have
not completed a regional strategic plan; and over 90 percent of
State Homeland Security Officials report that public and
private schools have not adequately prepared for potential
national emergencies. The Committee is disappointed that the
administration proposes to cut State and local homeland
security programs from a fiscal year 2008 level of
$4,227,800,000 to $2,200,000,000. The Committee recognizes that
Federal dollars are required to build the capacity and
cooperation needed for this Nation to be ready when disaster
strikes. Therefore, the Committee has increased the funding
level for grant programs above the President's request.
MEASURING CAPABILITIES AND MANAGING GRANTS
The Committee is disappointed that 5 years after funds were
first appropriated for homeland security grants, the Department
has failed to establish meaningful benchmarks for measuring the
capabilities of State and local first responders. The Committee
is aware of several systems that are in various stages of
development, which will measure how prepared the Nation is and
how prepared the Nation needs to be for all-hazards. This
effort includes a measure of how the grant program expenditures
contribute to the level of preparedness. Additionally, FEMA and
many States are developing systems to manage grant allocations,
distribution, expenditures, and asset tracking.
The Administrator of FEMA is directed to create an intra-
agency task force to make recommendations to the Administrator
for the best way to coordinate these efforts and share
information. FEMA's Chief Financial Officer and the Chief
Information Officer shall be represented on the task force.
FEMA shall also consult with State and local governments
through previously established entities such as, but not
limited to, the National Advisory Council, regarding this
effort. FEMA is further directed to report to the Committee on
each of these efforts, including the resources required and
timeframe in which they will be completed. The Committee
provides an increase of $3,000,000 above the President's
request under Evaluations and Assessments to partially fund
this effort. Additional funding shall come from the
appropriated funds for Offices that are involved in this
effort, as planned by FEMA.
STATE HOMELAND SECURITY GRANT PROGRAM
The Committee recommends $890,000,000, instead of
$200,000,000 as proposed in the budget for SHSGP. This core
assistance program provides funds to build capabilities at the
State and local level through planning, organization,
equipment, training, and exercise activities. SHSGP also
supports the implementation of State homeland security
strategies and key elements of the national preparedness
architecture, including the National Preparedness Guidelines,
the National Incident Management System, and the National
Response Framework. In accordance with section 2004 of the
Homeland Security Act of 2002, all funds (excluding REAL ID)
above the amount automatically allocated to States and
territories, shall be allocated based on risk (as defined by
threat, vulnerability, and consequences).
Of the amount provided, $50,000,000 is for REAL ID grants,
which shall be awarded at the discretion of the Secretary as a
separate program from SHSGP and is not subject to the SHSGP
formula. The Committee does not include any funding for the
National Security and Terrorism Prevention Grants Program which
the budget proposes States could use for either REAL ID costs
or Buffer Zone Protection Program projects. The Committee is
disappointed that the budget does not request adequate funding
for the REAL ID program.
In the REAL ID final rule which was released on January 11,
2008, the Department estimates that it will cost $3,900,000,000
over 10 years to implement requirements for improving the
security of drivers' licenses as required in the REAL ID Act of
2005. To date, as a result of congressional initiative,
$90,000,000 has been appropriated specifically for State and
local governments to implement this act. For fiscal year 2009,
the President requested $110,000,000 for the National Security
and Terrorism Prevention Program for costs related to both REAL
ID and Buffer Zone Protection. Not only would this program
force States to chose between implementing a Federal law and
securing critical infrastructure, but it is also a fraction of
what is needed to accomplish either of these efforts. If the
administration is serious about implementing the REAL ID Act,
which the President signed in 2005, rather than creating an
unfunded mandate for the States, the President should request
funds to pay for it.
URBAN AREA SECURITY GRANT PROGRAM
The Committee recommends $825,000,000 for the UASI Grant
Program, as proposed in the budget. Of the amount provided
under this heading, $20,000,000 is available for nonprofit
entities determined to be at risk by the Secretary.
The UASI program addresses the unique multi-disciplinary
planning, organization, equipment, training, and exercise needs
of urban areas with high density and high threat of a terrorist
attack, and assists them in building and sustaining
capabilities to prevent, protect against, respond to, and
recover from disasters.
LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
In accordance with section 2006 of the Homeland Security
Act of 2002, the Law Enforcement Terrorism Prevention Program
[LETPP] is funded through a required set aside of 25 percent of
the funds appropriated through the SHSGP and UASI programs. The
Committee directs FEMA to provide clear guidance to States and
urban areas to ensure that the intent of LETPP is fully
realized and the program is fully maximized. LETPP is to
provide law enforcement communities with enhanced capabilities
for detecting, deterring, disrupting, and preventing acts of
terrorism.
REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM
The Committee recommends $35,000,000 for the Regional
Catastrophic Preparedness Grant Program [RCPGP], instead of no
funding as proposed in the budget.
Hurricanes Katrina and Rita proved that it is essential to
have a regional approach to responding to catastrophic
disasters, particularly with regard to mass evacuations.
To date, the RCPGP has provided needed funding for planning
efforts. As plans are completed, FEMA is directed to:
prioritize funding for efforts which formalize sustainable
working groups for continued effective coordination; ensure
synchronization of plans and shared best practices; implement
citizen and community preparedness campaigns; and pre-position
needed commodities and equipment. FEMA is further directed to
take into account the needs of both the area at risk of attack
and likely host communities.
METROPOLITAN MEDICAL RESPONSE SYSTEM
The Committee recommends $33,000,000 for the Metropolitan
Medical Response System [MMRS], instead of no funding as
proposed in the budget.
The MMRS program was created in 1996 following the 1995
sarin gas attack in the Tokyo subway and the domestic terrorist
bombing of the Alfred P. Murrah Building in Oklahoma City. The
MMRS program assists highly populated jurisdictions develop
plans, conduct training and exercises, and acquire
pharmaceuticals and personal protective equipment to achieve
the enhanced capability necessary to respond to a mass casualty
event. This assistance supports the jurisdictions' activities
to increase their response capabilities during the first hours
crucial to lifesaving and population protection, with their own
resources, until significant external assistance can arrive.
The Committee is perplexed that the budget proposes no
funding for MMRS and yet proposes the Biodefense Response and
Recovery Demonstration Project, through the Office of Health
Affairs [OHA], which will ``build on the growing realization
that regional response networks are vital to overall national
response and recovery''. Given that MMRS is central to this
concept, the Committee includes continued funding for MMRS and
directs FEMA to coordinate with OHA and MMRS stakeholders on
the future development of the System to ensure it is meeting
all current needs.
CITIZENS CORPS
The Committee recommends $15,000,000 for the Citizens Corps
Program [CCP], as proposed in the budget.
The CCP is a grassroots initiative to actively involve all
citizens in hometown preparedness through personal readiness,
training, and volunteer service.
PUBLIC TRANSPORTATION SECURITY ASSISTANCE AND RAILROAD SECURITY
ASSISTANCE
The Committee recommends $400,000,000 for Public
Transportation Security Assistance [PTSA] and Railroad Security
Assistance [RSA], instead of $175,000,000 as proposed in the
budget. Of this amount $25,000,000 is provided for Amtrak
security needs. The Secretary shall not require a matching
contribution for Public Transportation Security Assistance,
Railroad Security Assistance, and Amtrak Security Assistance.
The PTSA and RSA programs support agencies in their efforts
to enhance security measures for critical transit
infrastructure including transit, bus, ferry, and rail systems.
This program also provides funding to Amtrak for continued
security enhancements for intercity rail operations between
key, high-risk urban areas throughout the United States.
PORT SECURITY GRANTS
The Committee recommends $400,000,000 the Port Security
Grant Program [PSGP], instead of $210,000,000 as proposed in
the budget.
The PSGP provides grant funding to port areas for the
protection of critical port infrastructure. PSGP funds help
ports enhance their risk management capabilities, domain
awareness, training and exercises, and capabilities to prevent,
detect, respond to, and recover from terrorists attacks.
OVER-THE-ROAD BUS SECURITY ASSISTANCE
The Committee recommends $12,000,000 for Over-the-Road Bus
Security, as proposed in the budget to protect intercity bus
systems and the traveling public from terrorism.
TRUCKING INDUSTRY SECURITY GRANTS
The Committee recommends $8,000,000 for Trucking Industry
Security Grants, as proposed in the budget, to be competitively
awarded, to provide for an anti-terrorism and security
awareness program for highway professionals and an academic
evaluation of the effectiveness of the program.
BUFFER ZONE PROTECTION PROGRAM
The Committee recommends $50,000,000 for the Buffer Zone
Protection Program [BZPP]. BZPP provides grants to build
security and risk-management capabilities at the State and
local level in order to secure pre-designated Tier I and Tier
II critical infrastructure sites. The Committee continues to
fund BZPP as a separate program and does not include any
funding for the National Security and Terrorism Prevention
Grants Program which the budget proposes States could use for
either REAL ID costs or BZPP projects.
COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM
The Committee provides $10,000,000 for Commercial Equipment
Direct Assistance Program [CEDAP], instead of no funding as
proposed in the budget. The Committee directs the Department to
award funding through CEDAP only if projects or equipment are
consistent with State Homeland Security Strategies and the
unmet essential capabilities identified through Homeland
Security Presidential Directive-8.
INTEROPERABILITY EMERGENCY COMMUNICATIONS GRANTS
The Committee recommends $50,000,000 for Interoperability
Emergency Communications Grants, instead of no funding as
proposed in the budget.
The Committee expects that before grant dollars can be
obligated by grantees for interoperable communications
equipment, jurisdictions must certify to FEMA that the funds
are being spent in accordance with their plans. The Committee
directs FEMA Regional Offices to assist in integrating
communications plans.
EMERGENCY OPERATIONS CENTERS
The Committee recommends $10,000,000 for Emergency
Operations Centers, instead of no funding as proposed in the
budget.
NATIONAL PROGRAMS
The Committee recommends $291,400,000 for National
Programs, instead of $145,000,000, as proposed in the budget.
National Programs includes funding for training, exercises,
technical assistance and evaluations provided at the National
level for efficiencies and effectiveness in needed areas that
are National in scope and not provided at the State and local
level through grant programs. Included in the recommended
amount is: $62,500,000 for the Center for Domestic Preparedness
and Noble Training Center; $101,900,000 for the National
Domestic Preparedness Consortium and Other Programs;
$25,000,000 for Demonstration Training Grants; $31,000,000 for
Continuing Training Grants; $40,000,000 for the National
Exercise Program; $12,000,000 for Technical Assistance; and
$19,000,000 Evaluations and Assessments.
CENTER FOR DOMESTIC PREPAREDNESS AND NOBLE TRAINING CENTER
The Committee recommends $57,000,000 to continue activities
for the Center for Domestic Preparedness [CDP] and $5,500,000
to continue activities for the Noble Training Center. The CDP
and Noble Training Center provide hands-on specialized training
to State and local emergency responders in the management and
remediation of weapons of mass destruction incidents, and in
medical response to such events.
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM/OTHER PROGRAMS
The Committee recommends $98,000,000 for the National
Domestic Preparedness Consortium, instead of $32,000,000, as
proposed in the budget. Existing members of the Consortium
include: the National Energetic Materials Research and Testing
Center, New Mexico Institute of Mining and Technology; the
National Center for Biomedical Research and Training, Louisiana
State University; the National Emergency Response and Rescue
Training Center, Texas A&M University; the National Exercise,
Test, and Training Center, Nevada Test Site; the Transportation
Technology Center, Incorporated, in Pueblo, Colorado; and the
National Disaster Preparedness Training Center, University of
Hawaii, Honolulu, Hawaii.
The Committee recognizes that each member brings a unique
set of assets to the domestic preparedness program including:
live explosives training; first responder emergency response to
terrorism training; training for State and local officials
regarding the threat posed by weapons of mass destruction;
large-scale field exercises using live agent stimulants and
explosives; natural disaster preparedness training; and
transportation security and emergency response training.
The Committee also recommends $2,200,000 for all-hazards
training in the Pacific Region to develop best practices for
the unique geographical features and remoteness of the area;
and $1,700,000 for counterterrorism and cybercrime training to
develop best practices regarding cyber security and response
for public entities which manage public health, government
benefits, and other important information directly related to
individuals and the economy.
DEMONSTRATION TRAINING GRANTS
The Committee provides $25,000,000 for demonstration
training grants, to be competitively awarded. The Committee
expects this to continue to be a peer-reviewed competitive
grant program. The Demonstration Training Grants program
develops and delivers innovative training programs addressing
high priority national homeland security training needs.
CONTINUING TRAINING GRANTS
The Committee provides $31,000,000 for continuing training
grants, instead of no funding as proposed in the budget. The
Continuing Training Grant Program provides funding for training
initiatives that further the Department's mission to prepare
the Nation to prevent, respond to, and recover from incidents
of terrorism. The Committee is supportive of programs which
consistently deliver homeland security curricula in the form of
executive education programs and accredited Masters degree
education. The Committee recommends full funding for the
graduate-level homeland security education programs currently
supported by the Department to leverage these existing programs
to meet the growing need for graduate-level education.
NATIONAL EXERCISE PROGRAM
The Committee recommends $40,000,000 for the National
Exercise Program, as proposed in the budget. The National
Exercise Program oversees the Department's Federal, State and
local exercise programs, which includes the Top Officials
[TOPOFF] exercise series.
TECHNICAL ASSISTANCE
The Committee recommends $12,000,000 for Technical
Assistance [TA], as provided in fiscal year 2008, instead of
$10,000,000 as proposed in the budget. TA provides direct
assistance to State, regional, local, and tribal jurisdictions
to improve their ability to enhance their capabilities to
prevent, protect against, respond to, and recover from major
events, and to improve homeland security program management.
EVALUATIONS AND ASSESSMENTS
The Committee recommends $19,000,000 for Evaluations and
Assessments, as provided in fiscal year 2008, instead of
$16,000,000 as proposed in the budget. The Evaluations and
Assessments program gathers, analyzes, and interprets national
and program specific data to implement a comprehensive system
to measure the effectiveness of DHS programs, including HSPD-8
and the impact on our national readiness. Of the amount
provided, no less than $3,000,000 shall be dedicated to the
development of measuring capabilities and managing grants as
described previously in this report.
FIREFIGHTER ASSISTANCE GRANTS
Appropriations, 2008.................................... $750,000,000
Budget estimate, 2009................................... 300,000,000
Committee recommendation................................ 750,000,000
Firefighter assistance grants, as authorized by section 33
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229), assist local firefighting departments for the
purpose of protecting the health and safety of the public and
fire fighting personnel, including volunteers and emergency
medical service personnel, against fire and fire-related
hazards.
COMMITTEE RECOMMENDATIONS
The Committee recommends $750,000,000 for firefighter
assistance grants, including $560,000,000 for firefighter
assistance grants, and $190,000,000 for firefighter staffing
grants, to remain available until September 30, 2010. This is
the same amount provided in fiscal year 2008 and $450,000,000
above the request.
The Committee directs the Department to continue the
present practice of funding applications according to local
priorities and those established by the United States Fire
Administration; and to make $3,000,000 available for
implementation of section 205(c) of Public Law 108-169.
The Committee directs the Department to continue direct
funding to fire departments and the peer review process. Not to
exceed 5 percent of grant funds may be for program
administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2008.................................... $300,000,000
Budget estimate, 2009\1\................................................
Committee recommendation................................ 300,000,000
\1\Budget proposes $200,000,000 under State and Local Programs.
Funding requested in this account provides support to the
Nation's all-hazards emergency management system and helps to
build State and local emergency management capability.
COMMITTEE RECOMMENDATIONS
The Committee recommends $300,000,000 for emergency
management performance grants [EMPG], an increase of
$100,000,000 from the amount requested in the budget within the
State and Local Programs account. EMPG is an essential source
of funding for State and local emergency management.
The Committee directs FEMA to retain EMPG as a separate
grant program, and not to combine its funding with any other
grant allocation or application process. Not to exceed 3
percent of grant funds may be for administrative expenses.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriations, 2008\1\................................. -$505,000
Budget estimate, 2009\1\................................ -505,000
Committee recommendation\1\............................. -505,000
\1\Fee collections are estimated to exceed costs.
The Radiological Emergency Preparedness [REP] program
assists State and local governments in the development of off-
site radiological emergency preparedness plans within the
emergency planning zones of commercial nuclear power facilities
licensed by the Nuclear Regulatory Commission [NRC]. The fund
is financed from fees assessed and collected from the NRC
licensees to recover the amounts anticipated to be obligated in
the next fiscal year for expenses related to REP program
activities.
COMMITTEE RECOMMENDATIONS
The Committee provides for the receipt and expenditure of
fees collected, as authorized by Public Law 105-276. The budget
estimates fee collections to exceed expenditures by $505,000 in
fiscal year 2009.
UNITED STATES FIRE ADMINISTRATION
Appropriations, 2008.................................... $43,300,000
Budget estimate, 2009\1\................................................
Committee recommendation................................ 43,300,000
\1\Budget proposes $40,913,000 under ``Management and Administration''.
The mission of the United States Fire Administration [USFA]
is to reduce losses, both economic and human, due to fire and
other emergencies through training, research, coordination and
support. USFA also prepares the Nation's first responder and
healthcare leaders through ongoing, and when necessary,
expedited training regarding how to evaluate and minimize
community risk, improve protection to critical infrastructure,
and be better prepared to react to all-hazard and terrorism
emergencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $43,300,000 for the USFA, as a
separate appropriation, and does not agree with the request to
eliminate this appropriation and merge the funding with FEMA
``Management and Administration''. FEMA is to submit a master
facilities plan to the Committee for the maintenance and
modernization of both the Emergency Management Institute and
USFA campuses, within 120 days after the date of enactment of
this act. This plan should include any needed infrastructure
improvements, building renovations, and life-cycle costs.
Additionally, the plan shall identify where efficiencies can be
gained through joint efforts.
The Committee directs USFA to provide a briefing within 30
days of enactment of this act on the status of implementing the
upgrade to the National Fire Information Reporting System,
including future milestones for measuring progress.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2008\1\................................. $1,400,000,000
Budget estimate, 2009................................... 1,900,000,000
Committee recommendation................................ 1,900,000,000
\1\Excludes $2,900,000,000 in emergency appropriations pursuant to
Public Law 110-116.
Through the Disaster Relief Fund [DRF], the Department
provides a significant portion of the total Federal response to
victims in presidentially declared major disasters and
emergencies. Major disasters are declared when a State requests
Federal assistance and proves that a given disaster is beyond
the local and State capacity to respond. Under the DRF, FEMA
will continue to operate the primary assistance programs,
including Federal assistance to individuals and households; and
public assistance, which includes the repair and reconstruction
of State, local, and nonprofit infrastructure. The post-
disaster hazard mitigation set-aside to States, as part of the
DRF, works as a companion piece to the National Pre-Disaster
Mitigation Fund.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,900,000,000 for disaster
relief. The Committee includes bill language transferring
$43,485,000 of this amount to FEMA's ``Management and
Administration'' for the continued conversion of temporary
employees into permanent employees and, $16,000,000 of this
amount to the Office of Inspector General for audits and
investigations related to disasters. Additionally, bill
language is included providing up to $250,000,000 for disaster
readiness and support costs.
2004 HURRICANES
FEMA is directed to maintain the Florida long-term recovery
office as long as there is sufficient work to be done following
the 2004 hurricanes that struck the State. FEMA is further
directed to notify the Committee on Appropriations prior to the
closing of the office, including specific information regarding
why closing the office is appropriate and how any remaining
workload will be effectively addressed.
DISASTER READINESS AND SUPPORT
Appropriations, 2008....................................................
Budget estimate, 2009................................... $200,000,000
Committee recommendation................................................
COMMITTEE RECOMMENDATIONS
The Committee does not include a new Disaster Readiness and
Support appropriations account, as proposed in the budget.
Instead this funding is provided in ``Disaster Relief'', as in
previous years. The Committee is convinced that a separate
appropriation is unnecessary with the improved financial
transparency FEMA has provided. Additionally, the creation of
the appropriations account will require coordination among
three accounts for disaster readiness and support, instead of
the two that currently exist (``Disaster Relief'' and
``Management and Administration''), which will lead to
unnecessary bureaucratic delays and possible duplication in
spending.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
Appropriations, 2008.................................... $875,000
Budget estimate, 2009\1\................................ 295,000
Committee recommendation\1\............................. 295,000
\1\Funding for administrative expenses totaling $580,000 is included in
the FEMA ``Management and Administration'' account.
Disaster assistance loans authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5162) are loans to States for the non-Federal portion of
cost sharing funds, and community disaster loans to local
governments incurring a substantial loss of tax and other
revenues as a result of a major disaster. The funds requested
for this program include direct loans and a subsidy based on
criteria including loan amount and interest charged. As
required by the Federal Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), this account records, for this program, the subsidy
costs associated with the direct loans obligated in 1992 and
beyond (including modifications of direct loans), as well as
administrative expenses of the program. The subsidy amounts are
estimated on a present value basis; the administrative expenses
are estimated on a cash basis.
COMMITTEE RECOMMENDATIONS
The Committee recommends $295,000, as proposed in the
budget, in subsidy costs for disaster assistance direct loans.
The Committee recommends administrative costs for the
Disaster Assistance Direct Loan Program totaling $580,000 for
the program. These funds are included in the FEMA Management
and Administration account, as proposed in the budget.
Bill language is included directing the gross obligations
for the principal amount of direct loans to not exceed
$25,000,000.
FLOOD MAP MODERNIZATION FUND
Appropriations, 2008.................................... $220,000,000
Budget estimate, 2009................................... 150,000,000
Committee recommendation................................ 185,000,000
This appropriation supports the functions necessary to
modernize and digitize flood maps. The flood maps are used to
determine appropriate risk-based premium rates for the National
Flood Insurance Program, to complete flood hazard
determinations required of the Nation's lending institutions,
and to develop appropriate disaster response plans for Federal,
State, and local emergency management personnel.
COMMITTEE RECOMMENDATIONS
The Committee recommends $185,000,000 for the Flood Map
Modernization Fund and includes language in the bill that
provides up to 3 percent of the funds may be made available for
administrative purposes. The Committee notes that over
$35,000,000 is provided through National Flood Insurance Fund
fees for mapping activities, as proposed in the budget.
Therefore, the Committee recommends an increase of $35,000,000
to bring the total amount for mapping activities to
$220,000,000, the same amount as provided in fiscal year 2008.
FEMA is directed to continue requesting the needed resources to
ensure maps are up to date.
The Committee recognizes that flood plain mapping in the
gulf coast region after the hurricanes of 2005 is nearing
completion. FEMA is directed to proactively and clearly
communicate the impact of the changes of the maps to property
owners. This communication effort shall be coordinated with
State rebuilding efforts to ensure property owners have
accurate information.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2008\1\................................. ($145,000,000)
Budget estimate, 2009\2\................................ (156,599,000)
Committee recommendation................................ (156,599,000)
\1\Fully offset by fee collections.
\2\Budget proposes $35,700,000 for national flood mitigation purposes
out of the National Flood Insurance Fund, instead of through a transfer
from a separate National Flood Mitigation Fund account, as in prior
fiscal years.
The National Flood Insurance Fund is a fee-generated fund
which provides funding for the National Flood Insurance
Program. This program enables property owners to purchase flood
insurance otherwise unavailable in the commercial market. The
National Flood Insurance Act of 1968 authorizes the Federal
Government to provide flood insurance on a national basis. This
insurance is available to communities which enact and enforce
appropriate floodplain management measures and covers virtually
all types of buildings and their contents up to $350,000 for
residential types and $1,000,000 for all other types.
COMMITTEE RECOMMENDATIONS
The Committee recommends $156,599,000, as proposed in the
budget, for the National Flood Insurance Fund of which no less
than $35,700,000 is for expenses under section 1366 of the
National Flood Insurance Act (42 U.S.C. 4104c) to provide
assistance planning to States and communities for implementing
floodplain management measures to reduce or eliminate the long-
term risk of flood damage to buildings and other structures
eligible for insurance under the National Flood Insurance
Program.
BIENNIAL FINANCIAL STATEMENT AUDITS
Extraordinary flood events in the last few years have
raised awareness of the financial condition of the NFIF. The
NFIF is largely implemented by private insurance companies that
sell and service policies and adjust claims under the Write
Your Own [WYO] Program. The most significant tool that FEMA
uses to conduct reviews and oversight are the biennial
financial statement audits that are required by FEMA
regulations and the WYO Financial Control Plan. The Government
Accountability Office found that the biennial financial
statements audits were not performed consistently as required
by regulation (FEMA's Management and Oversight of Payments for
Insurance Company Services Should Be Improved, GAO-07-1078).
FEMA regulations require each participating company to
arrange and pay for these audits by independent certified
public accounting firms. However, many WYO insurance companies
did not comply with the schedule in recent years. For example,
for fiscal year 2005 and 2006, 5 of 94 participating companies
had biennial financial statement audits performed.
The Committee directs FEMA to report within 90 days after
the date of enactment of this act on the process put in place
to track compliance with the biennial financial statement
audits, certify the number of WYO insurance companies in
compliance for fiscal year 2008 and that the audits have been
reviewed by FEMA program managers, and an explanation for any
participating companies not in compliance.
NATIONAL FLOOD MITIGATION FUND
Appropriations, 2008\1\................................. $34,000,000
Budget estimate, 2009\2\................................................
Committee recommendation\2\.............................................
\1\By transfer from the National Flood Insurance Fund.
\2\Budget proposes $35,700,000 for national flood mitigation purposes
out of the National Flood Insurance Fund, instead of through a transfer
from a separate National Flood Mitigation Fund account, as in fiscal
year 2008.
The Committee recommends $35,700,000 for national flood
mitigation purposes out of the National Flood Insurance Fund as
proposed in the budget. Therefore, no transfer is provided to
the National Flood Mitigation Fund.
NATIONAL PREDISASTER MITIGATION FUND
Appropriations, 2008.................................... $114,000,000
Budget estimate, 2009................................... 75,000,000
Committee recommendation................................ 100,000,000
The National Predisaster Mitigation [PDM] Fund provides
grants to States, communities, territories, and Indian tribal
governments for hazard mitigation planning and implementing
mitigation projects prior to a disaster event. PDM grants are
awarded on a competitive basis. This program operates
independent of the Hazard Mitigation Grant Program, funded
through the Disaster Relief Fund, which provides grants to a
State in which a disaster has been declared.
COMMITTEE RECOMMENDATIONS
The Committee recommends $100,000,000 for PDM, an increase
of $25,000,000 from the budget request. The Committee directs
FEMA to operate this program competitively and to ensure that
management costs are included within the funding level of each
project.
EMERGENCY FOOD AND SHELTER
Appropriations, 2008.................................... $153,000,000
Budget estimate, 2009................................... 100,000,000
Committee recommendation................................ 153,000,000
This appropriation funds grants to nonprofit and faith-
based organizations at the local level to supplement their
programs for emergency food and shelter to provide for the
immediate needs of the homeless.
COMMITTEE RECOMMENDATIONS
The Committee recommends $153,000,000, as provided in
fiscal year 2008, instead of $100,000,000 as proposed in the
budget, for the Emergency Food and Shelter program.
CERRO GRANDE FIRE CLAIMS
(INCLUDING RECISSION OF FUNDS)
The Committee includes bill language rescinding unobligated
funds made available in prior years.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations, 2008\1\........................ $80,973,000
Budget estimate, 2009................................... \2\154,540,000
Committee recommendation................................ 150,540,000
\1\Includes $80,000,000 in emergency appropriations pursuant to the
Department of Homeland Security Appropriations Act, 2008 (Public Law
110-161).
\2\Includes a $4,000,000 printing error contained within the fiscal year
2009 Budget Appendix.
United States Citizenship and Immigration Services [USCIS]
funds expenses necessary for the administration of laws and the
provision of services related to people seeking to enter,
reside, work, and naturalize in the United States. In addition
to directly appropriated resources, fee collections are
available for the operations of USCIS.
Immigration Examinations Fees.--USCIS collects fees from
persons applying for immigration benefits to support the
adjudication of applications, as authorized by the Immigration
and Nationality Act (8 U.S.C. 1356).
H1-B and L Fraud Prevention and Detection Fees.--USCIS
collects fees from petitioners seeking a beneficiary's initial
grant of H1-B or L nonimmigrant classification or those
petitioners seeking to change a beneficiary's employer within
those classifications (Public Law 108-447).
H1-B Nonimmigrant Petitioner Fees.--USCIS collects fees
from petitioners using the H1-B program (Public Law 108-447).
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $2,689,726,000,
including direct appropriations of $150,540,000 and estimated
fee collections of $2,539,186,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted\1\ budget request recommendations\3\
----------------------------------------------------------------------------------------------------------------
Appropriations......................................... \2\80,973 \3\154,540 150,540
========================================================
Estimated Fee Collections:
Immigration Examinations Fees...................... 2,494,872 2,495,186 2,495,186
H-1B and L Fraud Prevention and Detection Fees..... 31,000 31,000 31,000
H-1B Non-immigrant Petitioner Fees................. 13,000 13,000 13,000
--------------------------------------------------------
Total, Estimated Fee Collections................. 2,538,872 2,539,186 2,539,186
========================================================
Total, Available Funding......................... 2,619,845 2,693,726 2,689,726
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect section 503 adjustments approved by the Senate and House of Representatives.
\2\Includes $80,000,000 in emergency appropriations pursuant to the Department of Homeland Security
Appropriations Act, 2008 (Public Law 110-161).
\3\Includes a $4,000,000 printing error contained within the fiscal year 2009 Budget Appendix.
SURGE IN ADJUDICATION FEES
The Committee notes that it received two letters from the
Deputy Under Secretary for Management, pursuant to section 503
of Public Law 110-161. One was a technical redistribution of
USCIS fee estimates for fiscal year 2008 by program, project,
and activity as presented in the President's fiscal year 2008
budget and approved by Public Law 110-161 and an increase in
spending authority for the Immigration Examinations Fee Account
[IEFA] totaling $43,400,000. The other requested a net increase
in USCIS fiscal year 2008 fee estimates for the IEFA totaling
$238,767,000, representing the surge in naturalization and
other adjudication of status applications during the summer of
2007. The Senate and the House of Representatives Committees on
Appropriations each approved the request on February 12, 2008.
The Committee anticipates that it will receive a section
503 notification requesting approval for obligating excess fees
to be spent in fiscal year 2009.
E-VERIFY
USCIS re-branded the Employment Eligibility Verification
Basic Pilot Program in August 2007. The program is now called
E-Verify. E-Verify allows employers to use a free, automated
system to run employment authorization checks against DHS and
Social Security Administration databases. Voluntary use of the
program has grown considerably in the past few years and is
expected to expand much further in the coming years as
enforcement of existing immigration laws continues to grow. The
Committee recommends $100,000,000 and 255 positions, as
requested in the budget, for E-Verify. The Committee notes that
USCIS plans to use $24,500,000 in anticipated carry over funds
from fiscal year 2008.
REAL ID ACT IMPLEMENTATION
Included in the amount recommended by the Committee is
$50,000,000, two positions, and two full-time equivalents, as
requested in the budget, to assist in implementing the REAL ID
Act. Specifically, these funds will allow States to verify
document information with the Federal and State source agency
for driver's licenses or identification cards as well as enable
States to share information. The Committee expects that all
applicable DHS privacy rules and regulations will be adhered to
in the development of this program.
FBI BACKGROUND CHECK BACKLOG
The Committee notes that it received the expenditure plan
for the elimination of the name check backlog jointly submitted
by USCIS and the Federal Bureau of Investigation [FBI] on April
1, 2008. The current backlog of names needing to be checked by
the FBI stands at over 327,000. These are individuals currently
residing in the United States awaiting adjudication. The
Committee believes this is an unnecessary security risk.
Additionally, the delay in resolving the name check backlog is
resulting in an increase in lawsuits against the Government. By
law, USCIS is required to decide citizenship cases within 120
days of interviewing an applicant. In fiscal year 2005,
applicants filed 370 lawsuits against USCIS for missing that
deadline. The number of lawsuits is expected to surpass 5,200
this fiscal year. The Committee reminds both agencies that
Congress has appropriated a total of $28,000,000 to expedite
elimination of this backlog and reiterates its strong concern
that this backlog must be addressed as aggressively as
possible. Determination of immigration benefits is a national
security issue as well as a humanitarian concern. The Committee
has been assured by USCIS that the $28,000,000 will resolve
this problem. If there is any indication that the April 1,
2008, plan will not resolve the backlog, the Committee expects
to receive a reprogramming as soon as possible.
The Committee is also aware of a June 2008, Department of
Justice Inspector General audit report on the FBI's security
check procedures for immigration applications and petitions.
The report recommends, and the FBI concurs, that USCIS place an
on-site representative at the FBI facility in Winchester,
Virginia, who can immediately respond to FBI name check
analysts' requests for additional information on these
documents. The Committee urges USCIS to provide personnel to
the FBI to respond to this recommendation.
COMMITTEE RECOMMENDATIONS
The following table, which includes appropriations and
estimated fee collections, summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Employment Eligibility Verification [EEV]/E-Verify.... \2\60,000 100,000 100,000
FBI Background Check.................................. \2\20,000 ................ ................
Benefit Parole Programs............................... 523 540 540
Immigration Service Programs.......................... 450 ................ ................
REAL ID Act Implementation............................ ................ 50,000 50,000
-----------------------------------------------------
Total, Appropriations............................... 80,973 \3\154,540 150,540
=====================================================
Fee Collections:
Adjudication Services:
Pay and Benefits.................................. 758,091 780,076 780,076
Operating Expenses:
District Operations........................... 546,413 535,156 535,156
Service Center Operations..................... 352,866 345,890 345,890
Asylum, Refugee and International Operations.. 94,561 92,602 92,602
Records Operations............................ 87,739 85,946 85,946
Business Transformation....................... 139,000 139,000 139,000
-----------------------------------------------------
Subtotal, Adjudication Services............. 1,978,670 1,978,670 1,978,670
=====================================================
Information and Customer Services:
Pay and Benefits.................................. 89,977 92,587 92,587
Operating Expenses:
National Customer Service Center.............. 55,600 53,747 53,747
Information Services.......................... 22,222 21,465 21,465
-----------------------------------------------------
Subtotal, Information and Customer Serv- 167,799 167,799 167,799
ices.......................................
=====================================================
Administration:
Pay and Benefits.................................. 86,245 88,746 88,746
Operating Expenses................................ 287,654 285,153 285,153
-----------------------------------------------------
Subtotal, Administration........................ 373,899 373,899 373,899
=====================================================
Systematic Alien Verification for Entitlements [SAVE]. 18,504 18,818 18,818
=====================================================
Total, Fee Collections.............................. 2,538,872 2,539,186 2,539,186
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect section 503 adjustments approved by the Senate and the House of Representatives.
\2\Designated as emergency appropriations pursuant to the Department of Homeland Security Appropriations Act,
2008 (Public Law 110-161).
\3\Includes a $4,000,000 printing error contained within the fiscal year 2009 Budget Appendix.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriations, 2008\1\................................. $238,076,000
Budget estimate, 2009................................... 230,670,000
Committee recommendation................................ 237,692,000
\1\Includes $17,000,000 in emergency appropriations pursuant to section
5 (in the matter preceding Division A of Public Law 110-161).
The Federal Law Enforcement Training Center Salaries and
Expenses appropriation provides funds for basic and some
advanced training to Federal law enforcement personnel from
more than 80 agencies. This account also allows for research of
new training methodologies; provides for training to certain
State, local, and foreign law enforcement personnel on a space-
available basis; and accreditation of Federal law enforcement
training programs.
COMMITTEE RECOMMENDATIONS
The Committee recommends $237,692,000 for salaries and
expenses of the Federal Law Enforcement Training Center [FLETC]
for fiscal year 2009. The Committee recommendation includes an
increase of $7,022,000 above the fiscal year 2008 level in
annualization and inflationary adjustments, as well as for
training accreditation of Federal law enforcement agencies.
The Committee encourages FLETC to continue and expand
existing institutional partnerships prior to initiating new
partnerships to assist in meeting State, local, and other
training needs.
The Committee includes bill language requiring the Director
of FLETC to ensure all training centers are operated at the
highest capacity feasible throughout the fiscal year. The
Committee also expects the Director to maintain training at or
near capacity before entering into new leases with private
contractors or establishing new partner organizations.
ACCREDITATION
The Committee has included in past years report language
rejecting the transfer of the Federal Law Enforcement Training
Accreditation Board [FLETA] from FLETC and instead funding
FLETA within FLETC ``Salaries and Expenses''. The Committee
again rejects transferring FLETA from FLETC and no funds from
this appropriation or any other appropriation may be used for
the purpose of transferring FLETA from FLETC.
WASHINGTON OFFICE
The Committee understands that a Washington office was
established in 1975 at the time of the transfer of FLETC to its
current headquarters location in Glynco, Georgia. This office
was created to facilitate and provide assistance for those
functions that normally are done at a headquarters operation
for an agency or component in Washington, DC. Therefore, the
Committee directs that no appropriations may be used to
transfer, or close down, the FLETC Washington office. The
Committee recommends an additional $730,000 for operation of
this office and includes bill language prohibiting the closure
or transfer of this office.
INTEGRITY TRAINING
The Federal Government has experienced a significant
increase in law enforcement officer hiring in the years since
the tragic attacks on September 11, 2001. As often has been the
case in past major surge hiring efforts, the expedited hiring
process can create opportunities for abuse of the public trust.
The Committee believes it is critical that all Federal law
enforcement personnel, especially new hires, receive
comprehensive training in ethics and public integrity. The
Committee notes that Federal law enforcement personnel receive
ethics training as part of their basic training at FLETC and
expects that all newly hired Federal law enforcement officers
will receive such training wherever they are trained.
To ensure that all aspects of ethics training is given the
priority the taxpayers expect and deserve in its officials, the
Committee directs the FLETA Board to develop standards that
require agencies seeking accreditation of their basic or entry
level law enforcement training programs to include
comprehensive training on ethics and integrity. The FLETA Board
will submit a report to the Committee on Appropriations no
later than December 1, 2008, on the implementation of this
directive.
RURAL POLICING INSTITUTE
The Committee supports the Rural Policing Institute [RPI],
as it was created to address the training needs of rural first-
responders. FLETC will export training programs to rural first-
responders throughout the country. The Committee recommends
$5,000,000 to implement the RPI as authorized in the 9/11 Act,
to conduct and validate a nationwide needs assessment, and
develop and deliver appropriate training programs. Initial
funding will be used to create a business pan for the RPI that
includes the following: a 5-year expenditure plan, a human
capital investment plan, a strategy for evaluating the needs of
the rural law enforcement community; an outreach effort to
rural law enforcement; a plan to identify and work with
partners and stakeholders in the development of new training
programs to include a validation process to measure training
outcomes. FLETC is directed to provide the business plan to the
Committee within 90 days after the date of enactment of this
act.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2008\1\................................. $50,590,000
Budget estimate, 2009................................... 43,456,000
Committee recommendation................................ 86,456,000
\1\Includes $4,000,000 in emergency appropriations pursuant to section 5
(in the matter preceding Division A of Public Law 110-161).
This account provides for the acquisition and related costs
for expansion and maintenance of facilities of the Federal Law
Enforcement Training Center [FLETC]. This includes construction
and maintenance of facilities and environmental compliance. The
environmental compliance funds ensure compliance with
Environmental Protection Agency and State environmental laws
and regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $86,456,000 for acquisitions,
construction, improvements, and related expenses for expansion
and maintenance of facilities of FLETC.
The Committee notes that the increased levels of training
of U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement officers and agents has placed a strain on
the training capacity at FLETC facilities. The Committee is
aware that a leased dormitory facility which has been available
for students at the Charleston, South Carolina campus will
close in October 2009. The loss of access to this dormitory
will exacerbate FLETC's already strained training capacity
where the campuses are operating in excess of 100 percent. To
ensure that training of these critical law enforcement
personnel continues without interruption, the Committee
recommends an additional $40,000,000 to construct a dorm on the
FLETC, Charleston campus.
The Committee recommends an additional $3,000,000 to
complete construction of training-related facilities at
Artesia, New Mexico funded in fiscal year 2008.
Science and Technology
SUMMARY
The mission of Science and Technology [S&T] is to conduct,
stimulate, and enable homeland security research, development,
testing, and to facilitate the timely transition of
capabilities to Federal, State, local, and tribal end-users.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2008.................................... $138,600,000
Budget estimate, 2009................................... 132,100,000
Committee recommendation................................ 132,100,000
The Management and Administration account funds salaries
and expenses related to the Office of the Under Secretary for
Science and Technology, and headquarters.
COMMITTEE RECOMMENDATIONS
The Committee recommends $132,100,000 for management and
administration of programs and activities carried out by S&T.
ASSESSMENT OF PROGRAM RESOURCES
In the past, S&T was assessing various programs for
operating costs that had not been fully accounted for in the
management and administration account. While this practice
appears to have ceased, the Committee reminds the Department
that it expects to be notified should S&T assess any program
for administrative costs exceeding 5 percent of the total
program appropriation through a notification pursuant to
section 503 of this act.
Research, Development, Acquisition, and Operations
Appropriations, 2008.................................... $691,735,000
Budget estimate, 2009................................... 736,737,000
Committee recommendation................................ 787,277,000
Science and Technology [S&T] supports the mission of DHS
through basic and applied research, fabrication of prototypes,
research and development to mitigate the effects of weapons of
mass destruction, as well as acquiring and field testing
equipment. Separate funding is provided for 12 different
activities or portfolios.
COMMITTEE RECOMMENDATONS
The Committee recommends $787,277,000 for research,
development, acquisition, and operations of S&T for fiscal year
2009.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
SCIENCE AND TECHNOLOGY--RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 Fiscal year 2009 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Borders and Maritime Security............................. 25,479 35,300 35,300
Chemical and Biological................................... 208,020 200,408 200,408
Command, Control, and Interoperability.................... 56,980 62,390 87,390
Explosives................................................ 77,654 96,149 96,149
Human Factors............................................. 14,206 12,460 8,000
Infrastructure and Geophysical............................ 64,500 37,816 64,816
Innovation................................................ 33,000 45,000 33,000
Laboratory Facilities..................................... 103,814 146,940 161,940
Test and Evaluation, Standards............................ 28,520 24,674 24,674
Transition................................................ 25,265 31,830 26,830
University Programs....................................... 49,297 43,770 43,770
Homeland Security Institute....................... 5,000 ................ 5,000
-----------------------------------------------------
Total, Research, Development, Acquisition and 691,735 736,737 787,277
Operations.........................................
----------------------------------------------------------------------------------------------------------------
COMMAND, CONTROL, AND INTEROPERABILITY
The Committee provides $87,390,000 for Command, Control,
and Interoperability, $25,000,000 above the request. The
Committee was surprised the administration chose to reduce
cyber security research by 8 percent only 4 weeks after issuing
Homeland Security Presidential Directive-23, the classified
document aimed at coordinating and enhancing the Nation's
defenses against ongoing cyber attacks. The Committee is
particularly concerned about protecting the financial sector,
which has become almost entirely dependent on computer systems,
and encourages S&T to develop tools that will enable the
private sector to protect itself. The Committee directs S&T to
brief the Committee on how it will allocate these additional
resources within 60 days after the date of enactment of this
act.
The Committee recommendation includes not less than
$3,000,000, the same as the fiscal year 2008 level, for
Distributed Environment for Critical Infrastructure
Decisionmaking Exercises for research of low probability, high
consequence cyber attacks against infrastructure critical to
the U.S. economy. The Committee also encourages S&T to work
with the Open Technologies Security Project, which has
successfully demonstrated the use of open source methodologies
to address encryption and distribution issues of critical
national interest. Expansion of this project would increase
efforts to address these issues across all Federal agencies.
FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS
Federal funding for first responder communications
equipment should be compliant with common system standards for
digital public safety radio communications (Project 25
standards), as appropriate, to ensure interoperability. S&T, in
conjunction with the Director of the National Institute of
Standards and Technology, shall continue assessing the
compliance of first responder communications equipment with
Project 25 standards.
EXPLOSIVES
The Committee provides $96,149,000 for explosives research,
as requested. The Committee is pleased the Department appears
to be taking Committee direction and has increased rather than
cut efforts to combat improvised explosive devices.
INFRASTRUCTURE AND GEOPHYSICAL
The Committee recommends $64,816,000 for Infrastructure and
Geophysical, $27,000,000 above the budget request level. The
amount recommended includes $27,000,000 for the Oak Ridge
National Laboratory for competitive awards to continue the
Southeast Region Research Initiative.
INNOVATION
The Committee recommends $33,000,000 for Innovation, the
same level as fiscal year 2008. The Committee continues to
support S&T's efforts to explore innovative technologies that
have a substantial risk of failure provided the potential
benefits warrant such a risk. Similar to investing venture
capital, high risk research can produce high return. However,
just as venture capital investments need sound business plans,
so does research. Unfortunately, it is unclear if project
requirements are used to develop the criteria for these high
risk efforts. One such project is CHLOE, which is offered as an
alternative to the on-board airplane anti-missile systems. S&T
does not require this high flying vehicle be able to disable a
missile through cloud cover, a seemingly necessary requirement.
The Committee directs S&T to brief the Committee on how it will
use operational requirements to direct innovation project
choices within 60 days after the date of enactment of this act.
LABORATORY FACILITIES
The Committee recommends $161,940,000 for Laboratory
Facilities, $15,000,000 above the amount requested. Included in
this amount is $35,600,000 for the National Bio and Agro
Defense Facility [NBAF], as requested in the budget. The NBAF
is critically important to the Nation's biological and
agricultural threat preparedness and response efforts. The
Committee expects the Department to meet its commitment to make
a final decision on the location of the NBAF no later than
October 2008. The Department is to continue to work in
conjunction with the United States Department of Agriculture
and Department of Health and Human Services and other
organizations to allow construction of the NBAF to begin as
soon as practicable.
The Committee was encouraged that the Department finally
submitted a request that reflected at least some of its
construction obligations for the Physical Science Facility and
refurbishment of building 325 at the Pacific Northwest National
Laboratory. The Committee provides a total of $25,000,000, an
increase of $15,000,000 from the request, for ongoing
construction activities in support of the Department's November
7, 2006, memorandum of understanding with the National Nuclear
Security Administration and the United States Department of
Energy.
UNIVERSITY PROGRAMS
The Committee recommends $43,770,000, as requested, for
University Programs. The Committee is aware of various concerns
that have been raised over the years with respect to the
Department of Homeland Security Centers of Excellence awards.
These awards are part of an important array of tools that DHS
is using to secure the Nation against future terrorist threats.
To be successful, these centers must cover a broad range of
topics and utilize regional and local S&T expertise across the
Nation. Consequently, the Committee directs S&T to submit a
report to the Committee by December 15, 2008, on the process
used for identifying the specific areas of focus for such
centers as well as a State-by-State breakdown of institutions
participating in each of the existing centers.
HOMELAND SECURITY INSTITUTE
The Committee provides $5,000,000 for the Homeland Security
Institute [HSI] and again creates a separate program, project,
activity [PPA] for HSI. The request included funding for HSI
within the Transition PPA, which has been reduced by a
corresponding amount. The Committee appreciates S&T's efforts
to integrate HSI into thematic PPAs, but believes this activity
is distinct enough to be made separate for budgetary
transparency.
CARRIZO CANE
The Committee is pleased with the progress that has been
made in the project to research methods to eradicate Carrizo
cane and encourages S&T to complete this project expeditiously.
NEW TECHNOLOGIES
The Committee believes new technologies may significantly
help the Department as it seeks to secure our homeland. The
Committee encourages the Department to develop, through
competitive awards, such technologies as: sensitive optical
detection technologies; tools for predictive modeling of
disease; first responder indoor locator tools; and low-cost
gyroplane technology.
Domestic Nuclear Detection Office
SUMMARY
The mission of the Domestic Nuclear Detection Office [DNDO]
is to improve the Nation's capability to detect and report
attempts to import, possess, store, develop, or transport
nuclear and radiological material for use against the Nation.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$541,100,000 for activities of DNDO for fiscal year 2009.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
DOMESTIC NUCLEAR DETECTION OFFICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2008 2009 budget Committee
enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration................................ 31,500 38,900 38,900
Research, Development, and Operations........................ 323,500 334,200 334,200
Systems Acquisition.......................................... 129,750 190,700 168,000
--------------------------------------------------
Total, Domestic Nuclear Detection Office............... 484,750 563,800 541,100
----------------------------------------------------------------------------------------------------------------
RISK-BASED DETECTION
The Committee notes the Secretary claims nearly 100 percent
of all shipping containers are screened for radiation at the
Southern border. However, the Committee remains concerned
terrorists may be able to acquire a nuclear weapon and would
choose to transport it into the country through other means.
The Committee again urges DNDO to prioritize its development
and deployment of detection equipment upon risk, and as
appropriate, focus on other cargo and passenger pathways into
the country such as bulk rail, general aviation, small pleasure
maritime craft, or other routes it deems the highest risk.
SECURING THE CITIES
The Committee recommends $30,000,000 for the Securing the
Cities initiative, the same as requested. This amount is
composed of $10,000,000 in ``Research, Development, and
Operations'' and $20,000,000 in ``Systems Acquisition''. The
Committee continues to strongly support the goals of this
program, to detect radiological weapons before they are brought
into our cities from the Nation's interior and elsewhere, and
awaits DNDO's completion of a Securing the Cities strategic
plan, which was due to the Committee on May 26, 2008. The
Committee recommends allowing the resources allocated for
Securing the Cities to also be available for threat reduction
and response planning purposes.
THE NUCLEAR THREAT AND RESOURCE ALLOCATION
The administration must prepare for disasters from an
``all-hazards'' perspective and preparedness efforts must
address many scenarios. Preparing to shelter in place can aid
in the event of a terrorist attack, but may also aid in the
event of a storm.
The administration has chosen to prioritize spending toward
the nuclear threat over other ``all-hazards'' activities and
provide targeted funding for nuclear detection efforts to
mitigate the nuclear hazard. The Department's detection efforts
cost taxpayers roughly $500,000,000 each year, while similar
amounts are spent annually by the Department of Energy and
other agencies to detect or prevent a nuclear weapon from
entering this country. The Committee notes the administration
is only planning for success, and not preparing for failure.
The administration has asked for no resources targeting
preparation for mitigating the consequences of a nuclear
attack.
Within the resources made available, the Committee provides
$2,500,000 for DNDO to enter into a contract with an
independent scientific and policy body, such as the National
Academies of Science [NAS], to determine a conceptual framework
for using resources for defensive purposes and also mitigation
measures should those defenses fail.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2008.................................... $31,500,000
Budget estimate, 2009................................... 38,900,000
Committee recommendation................................ 38,900,000
The Management and Administration account funds salaries,
benefits, and expenses for the Domestic Nuclear Detection
Office.
COMMITTEE RECOMMENDATIONS
The Committee recommends $38,900,000 for management and
administration, the same as requested.
RESEARCH, DEVELOPMENT, AND OPERATIONS
Appropriations, 2008.................................... $323,500,000
Budget estimate, 2009................................... 334,200,000
Committee recommendation................................ 334,200,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $334,200,000 for research,
development, and operations carried out by DNDO.
TRANSFORMATIONAL RESEARCH
The Committee provides $113,300,000 for transformational
research for DNDO's development of advanced technologies to
detect nuclear or radiological weapons, an increase of
$17,300,000, as requested in the budget. In the past year,
record oil prices have driven many nations to seek a nuclear
solution for energy generation. While peaceful use of nuclear
technology may be the stated goal of these nations, by-product
highly enriched uranium [HEU] would likely find its way into
the hands of their military establishments. This new global
inclination makes efforts that may yield technologies that can
detect shielded HEU extremely valuable and the Committee urges
aggressive efforts to discover them.
NATIONAL TECHNICAL NUCLEAR FORENSICS CENTER
The Committee directs DNDO to submit a report within 90
days of the date of enactment of this act on the National
Technical Nuclear Forensics Center [NTNF], specifically on
implementation of its quality assurance program and the results
of the NAS study of its capabilities, infrastructure, and
workforce, and the steps NTNF is taking to implement the
recommendations.
SYSTEMS ACQUISITION
Appropriations, 2008.................................... $129,750,000
Budget estimate, 2009................................... 190,700,000
Committee recommendation................................ 168,000,000
COMMITTEE RECOMMENDATIONS
The Committee provides $168,000,000 for DNDO's procurement
and deployment of the domestic nuclear detection architecture.
Of the amount provided, $13,000,000 is for human portable
radiation detection systems and $20,000,000 is provided for the
Securing the Cities program within this account.
The Committee recommends $135,000,000 for acquisition of
radiation portal monitor systems, $22,700,000 below the budget
request and $45,000,0000 above the fiscal year 2008 level. The
Committee notes that certification of Advanced Spectroscopic
Portal monitor systems by the Secretary will likely not occur
expeditiously enough for quick obligation of the requested
funds and has reduced this account accordingly.
ADVANCED SPECTROSCOPIC PORTAL MONITORS
Once again, the bill prohibits DNDO from full-scale
procurement of Advanced Spectroscopic Portal [ASP] monitors
until the Secretary submits a report to the Committees on
Appropriations certifying that a significant increase in
operational effectiveness will be achieved. In addition,
separate and distinct certifications shall be submitted by the
Secretary prior to the procurement of ASPs for primary and
secondary deployment that address the requirements for
operational effectiveness of each type of deployment. The
Secretary shall consult with NAS before making such
certification. Finally, DNDO is prohibited from engaging in
high-risk concurrent development and production of mutually
dependent software and hardware components of detection
systems.
TITLE V
GENERAL PROVISIONS
Section 501. The bill includes a provision that no part of
any appropriation shall remain available for obligation beyond
the current fiscal year unless expressly provided.
Section 502. The bill includes a provision that unexpended
balances of prior appropriations may be merged with new
appropriations accounts and used for the same purpose, subject
to reprogramming guidelines.
Section 503. The bill includes a provision that provides
authority to reprogram appropriations within an account and to
transfer up to 5 percent between appropriations accounts with
15-day advance notification of the Committees on
Appropriations. A detailed funding table identifying each
congressional control level for reprogramming purposes is
included at the end of this statement. These reprogramming
guidelines shall be complied with by all departmental
components funded by this act.
The Committee expects the Department to submit
reprogramming requests on a timely basis, and to provide
complete explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committees should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing (full-time equivalent) levels for
the current fiscal year and to the levels required for the
following fiscal year.
The Committee expects the Department to manage its programs
and activities within the levels appropriated. The Committee
reminds the Department that reprogramming or transfer requests
should be submitted only in the case of an unforeseeable
emergency or situation that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department submits a reprogramming or transfer request
to the Committees on Appropriations and does not receive
identical responses from the House and Senate, it is the
responsibility of the Department to reconcile the House and
Senate differences before proceeding, and if reconciliation is
not possible, to consider the reprogramming or transfer request
unapproved.
The Department shall not propose a reprogramming or
transfer of funds after June 30 unless there are extraordinary
circumstances, which place human lives or property in imminent
danger.
Section 504. The bill includes a provision relating to the
Department's Working Capital Fund [WCF] that: extends the
authority of the Department's WCF in fiscal year 2009;
prohibits funds appropriated or otherwise made available to the
Department from being used to make payments to the WCF, except
for the activities and amounts allowed in the President's
fiscal year 2009 budget; makes funds available for the WCF
available until expended; ensures departmental components are
only charged for direct usage of each WCF service; makes funds
provided to the WCF available only for purposes consistent with
the contributing component; requires the WCF to be paid in
advance or reimbursed at rates which will return the full cost
of each service; and subjects the WCF to the requirements of
section 503 of this act. The WCF table included in the
Department's congressional justification accompanying the
President's fiscal year 2009 budget shall serve as the control
level for reprogramming and transfer purposes in compliance
with section 503 of this act. The Committee notes that
consistent with the Department of Homeland Security
Appropriations Act, 2008, the President's WCF budget does not
include funds for sedan service, shuttle service, transit
subsidy, mail operations, parking, and competitive sourcing.
The WCF shall not be available for these purposes in fiscal
year 2009.
Section 505. The bill includes a provision that not to
exceed 50 percent of unobligated balances remaining at the end
of fiscal year 2009 from appropriations made for salaries and
expenses shall remain available through fiscal year 2010
subject to reprogramming.
Section 506. The bill includes a provision providing that
funds for intelligence activities are specifically authorized
during fiscal year 2009 until the enactment of an act
authorizing intelligence activities for fiscal year 2009.
Section 507. The bill includes a provision directing the
Federal Law Enforcement Training Accreditation Board to lead
the Federal law enforcement training accreditation process.
Section 508. The bill includes a provision requiring
notification of the Committees on Appropriations 3 full
business days before any grant allocation, discretionary grant
award, discretionary contract award, including Federal
Acquisition Regulation-covered contracts, letter of intent
totaling in excess of $1,000,000, or public announcement of the
intention to make such an award. Additionally, the Federal
Emergency Management Agency [FEMA] is required to brief the
Committees on Appropriations 5 full business days prior to
announcing publicly the intention to make an award of State
Homeland Security grants, Urban Area Security Initiative
grants, or Regional Catastrophic Preparedness Grants.
Section 509. The bill includes a provision that no agency
shall purchase, construct, or lease additional facilities for
Federal law enforcement training without the advance approval
of the Committees on Appropriations.
Section 510. The bill includes a provision that the Federal
Law Enforcement Training Center [FLETC] shall schedule basic
and/or advanced law enforcement training at all four training
centers under its control to ensure that these training centers
are operated at the highest capacity.
Section 511. The bill includes a provision that none of the
funds may be used for any construction, repair, alteration, or
acquisition project for which a prospectus, if required under
chapter 33 of Title 40, United States Code, has not been
approved. The bill excludes funds that may be required for
development of a proposed prospectus.
Section 512. The bill includes a provision that none of the
funds may be used in contravention of the Buy American Act.
Section 513. The bill includes a provision to prohibit the
obligation of funds for the Secure Flight program, except on a
test basis, until the requirements of section 522 of Public Law
108-334 have been met and certified by the Secretary of DHS and
reviewed by the Government Accountability Office [GAO]. The
Committee directs GAO to continue to evaluate DHS and
Transportation Security Administration [TSA] actions to meet
the ten conditions listed in section 522(a) of Public Law 108-
334 and to report to the Committees on Appropriations, either
incrementally as the Department meets additional conditions, or
when all conditions have been met by the Department. The bill
also prohibits the obligation of funds to develop or test
algorithms assigning risk to passengers not on government watch
lists and for a commercial database that is obtained from or
remains under the control of a non-Federal entity, excluding
Passenger Name Record data obtained from air carriers. Within
90 days after the date of enactment of this act, TSA shall
submit a detailed plan on achieving key milestones, as well as
certification of this program.
Section 514. The bill includes a provision prohibiting
funds to be used to amend the oath of allegiance required by
section 337 of the Immigration and Nationality Act (8 U.S.C.
1448).
Section 515. The bill includes a provision regarding
competitive sourcing for United States Citizenship and
Immigration Services.
Section 516. The bill includes a provision regarding the
reimbursement to the Secret Service for the cost of protective
services for the head of a Federal agency other than the
Secretary of Homeland Security. The provision allows the Secret
Service to seek reimbursement for the cost of such protective
services.
Section 517. The bill includes a provision directing the
Secretary to research, develop, and procure new technologies to
inspect and screen air cargo. In the interim, TSA shall utilize
existing checked baggage explosives detection equipment and
screeners to screen cargo on passenger aircraft when
practicable. Language is included that requires TSA to work
with air carriers and airports to ensure the screening of cargo
carried on passenger aircraft, as required by the 9/11 Act,
increases incrementally each quarter. TSA is required to report
air cargo inspection statistics detailing how incremental
progress is being made to the Committees on Appropriations
within 45 days of the end of each quarter of the fiscal year.
Section 518. The bill includes a provision directing that
only the Privacy Officer, appointed pursuant to section 222 of
the Homeland Security Act of 2002, may alter, direct that
changes be made to, delay, or prohibit the transmission of a
Privacy Officer report to Congress.
Section 519. The bill includes a provision prohibiting the
use of funds made available in this act to pay the salary of
any employee serving as a contracting officer's technical
representative [COTR], or acting in a similar capacity, who has
not received COTR training.
Section 520. The bill includes a provision directing that
any funds appropriated or transferred to TSA ``Aviation
Security'', ``Administration'' and ``Transportation Security
Support'' for fiscal years 2004, 2005, 2006, and 2007 that are
recovered or deobligated shall be available only for
procurement and installation of explosives detection systems,
for air cargo, baggage, and checkpoint screening systems,
subject to notification. Quarterly reports must be submitted
identifying any funds that are recovered or deobligated.
Section 521. The bill includes a provision continuing
section 525(d) of Public Law 109-295 pertaining to sensitive
security information in fiscal year 2009.
Section 522. The bill includes a provision requiring any
funds appropriated to the Coast Guard for 110-123 foot patrol
boat conversions that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or litigation,
shall be available until expended for the Replacement Patrol
Boat program.
Section 523. The bill includes a provision that prohibits
obligation of funds provided in this act to commence operations
of the National Applications Office or the National Immigration
Information Sharing Operation until the Secretary certifies
that these programs comply with all existing laws and that
certification is reviewed by GAO.
Section 524. The bill includes a provision requiring the
Chief Financial Officer to submit monthly budget execution and
staffing reports within 45 days after the close of each month.
These reports are to include the number of contract employees
by office.
Section 525. The bill includes a provision relating to
undercover investigative operations authority of the Secret
Service.
Section 526. The bill includes a provision prohibiting the
use of funds to contravene the Federal buildings performance
and reporting requirements of Executive Order 13123, part 3 of
title V of the National Energy Conservation Policy Act (42
U.S.C. 8251 et seq.), or subtitle A of title I of the Energy
Policy Act of 2005.
Section 527. The bill includes a provision classifying the
functions of instructor staff at FLETC as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Section 528. The bill includes a provision prohibiting the
use of funds to contravene section 303 of the Energy Policy Act
of 1992.
Section 529. The bill includes a provision prohibiting the
use of funds in contravention of Executive Order 13149 relating
to fleet and transportation efficiency.
Section 530. The bill includes a provision contained in
Public Law 110-28 on Coast Guard contracting and the Integrated
Deepwater Systems program.
Section 531. The bill includes a provision prohibiting
funds for the development, testing, deployment, or operation of
any portion of a human resources management system authorized
by 5 U.S.C. 9701(a), or by regulations prescribed pursuant to 5
U.S.C. 9701(a), for an ``employee'' as defined in 5 U.S.C.
7103(a)(2).
Section 532. The bill includes a provision regarding the
enforcement of section 4025(1) of Public Law 108-458 regarding
butane lighters.
Section 533. The bill includes a provision permitting funds
for the alteration of operations within the Civil Engineering
Program of the Coast Guard nationwide, including civil
engineering units, facilities design and construction centers,
maintenance and logistics commands, and the Coast Guard
Academy, except that no funds can be used to reduce operations
within any Civil Engineering Unit unless specifically
authorized by a statute enacted after the date of the enactment
of this act.
Section 534. The bill includes a provision prohibiting the
obligation of funds appropriated to the Office of the Secretary
and Executive Management, the Office of the Under Secretary for
Management, and the Office of the Chief Financial Officer for
grants or contracts awarded by any means other than full and
open competition. Certain exceptions apply.
Section 535. The bill includes a provision prohibiting use
of funds to destroy or put out to pasture any horse or other
equine belonging to the Federal government unless adoption has
been offered first.
Section 536. The bill includes a provision that precludes
DHS from using funds in this act to carry out reorganization
authority.
Section 537. The bill includes a provision regarding the
use of the National Center for Critical Information Processing
and Storage data center.
Section 538. The bill includes a provision that prohibits
funds from being used to reduce the Coast Guard's Operations
Systems Center mission or its government-employed or contract
staff.
Section 539. The bill includes a provision prohibiting
funds to be used to conduct or implement the results of a
competition under Office of Management and Budget Circular A-76
with respect to the Coast Guard National Vessel Documentation
Center.
Section 540. The bill includes a provision that requires
the Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 541. The bill includes a provision prohibiting the
obligation of funds for the Office of Secretary and Executive
Management for any new hires by DHS that are not verified
through the basic pilot program of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
Section 542. The bill includes a provision contained in
Public Laws 109-295 and 110-161 related to prescription drugs.
Section 543. The bill includes a provision prohibiting
funds from being used to implement a rule or regulation which
implements the Notice of Proposed Rulemaking related to
Petitions for Aliens to Perform Temporary Nonagricultural
Services or Labor (H-2B) set out beginning on 70 Federal
Register 3984 (January 27, 2005).
Section 544. None of the funds made available in this act
may be used for planning, testing, piloting, or developing a
national identification card.
Section 545. The bill includes a provision requiring FEMA
to report on damage assessment information used to determine if
a disaster should be declared and requiring this report to be
placed on FEMA's website unless it compromises national
security.
Section 546. The bill includes a provision extending the
Department's other transactional authority through fiscal year
2009.
Section 547. The bill includes a provision authorizing the
liquidation of Plum Island, New York, and allowing the proceeds
of the sale to be used to offset the costs of the National Bio
and Agro-defense Facility and certain expenses related to the
sale.
Section 548. The bill includes a new provision, requested
by the President, authorizing, during fiscal year 2009, Secret
Service protection for the Vice President and the Vice
President's spouse, after completion of the Vice President's
term in office.
Section 549. The Committee continues to support expedited
rebuilding in the Gulf Coast region and includes a provision
regarding FEMA assistance to police stations, fire stations,
and criminal justice facilities damaged by Hurricanes Katrina
and Rita of 2005.
PROGRAM, PROJECT, AND ACTIVITY
The following information provides the definition of the
term ``program, project, and activity'' for the components of
the Department of Homeland Security under the jurisdiction of
the Homeland Security Subcommittee of the Committee on
Appropriations. The term ``program, project, and activity''
shall include the most specific level of budget items
identified in the Department of Homeland Security
Appropriations Act, 2009, the House and Senate Committee
reports, and the conference report and accompanying joint
explanatory statement of the managers of the committee of
conference.
If a percentage reduction is necessary, in implementing
that reduction, components of the Department of Homeland
Security shall apply any percentage reduction required for
fiscal year 2009 to all items specified in the justifications
submitted to the Committees on Appropriations of the Senate and
the House of Representatives in support of the fiscal year 2009
budget estimates, as amended, for such components, as modified
by congressional action.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports
accompanying general appropriations bills identify each
recommended amendment which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.
The Committee is filing an original bill, which is not
covered under this rule, but reports this information in the
spirit of full disclosure.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2009:
Office of the Secretary and Executive Management;
Office of the Under Secretary for Management;
Office of the Chief Financial Officer;
Office of the Chief Information Officer;
Analysis and Operations;
Office of the Federal Coordinator for Gulf Coast
Rebuilding;
Office of Inspector General;
U.S. Customs and Border Protection: Salaries and Expenses;
Automation Modernization; Border Security Fencing,
Infrastructure, and Technology; Air and Marine Interdiction,
Operations, Maintenance, and Procurement; and Construction;
U.S. Immigration and Customs Enforcement: Salaries and
Expenses; Automation Modernization; and Federal Protective
Service;
Transportation Security Administration: Transportation
Threat Assessment and Credentialing; and Transportation
Security Support;
United States Coast Guard: Operating Expenses;
Environmental Compliance and Restoration; Reserve Training;
Acquisition, Construction, and Improvements; Alteration of
Bridges; Research, Development, Test, and Evaluation; and
Retired Pay;
United States Secret Service: Salaries and Expenses; and
Acquisition, Construction, Improvements, and Related Expenses;
National Protection and Programs Directorate: Management
and Administration; Infrastructure Protection and Information
Security; and U.S. Visitor and Immigrant Status Indicator
Technology;
Office of Health Affairs;
Federal Emergency Management Agency: Management and
Administration; State and Local Programs; Disaster Relief;
Flood Map Modernization Fund; and Emergency Food and Shelter;
United States Citizenship and Immigration Services;
Federal Law Enforcement Training Center: Salaries and
Expenses; and Acquisition, Construction, Improvements, and
Related Expenses;
Science and Technology: Management and Administration; and
Research, Development, Acquisition, and Operations.
Domestic Nuclear Detection Office: Management and
Administration; Research, Development, and Operations; and
Systems Acquisition.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on June 19, 2008,
the Committee ordered reported an original bill (S. 3181)
making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2009, subject to
amendment and subject to the budget allocations, and authorized
the chairman of the committee or the chairman of the
subcommittee to offer the text of the Senate-reported bill as a
committee amendment in the nature of a substitute to the House
companion measure, by a recorded vote of 29-0, a quorum being
present. The vote was as follows:
Yeas Nays
Chairman Byrd
Mr. Inouye
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Cochran
Mr. Stevens
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Craig
Mrs. Hutchison
Mr. Brownback
Mr. Allard
Mr. Alexander
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, the following changes in
existing law proposed to be made by the bill are shown as
follows: existing law to be omitted is enclosed in black
brackets; new matter is printed in italics; and existing law in
which no change is proposed is shown in roman.
TITLE 6--DOMESTIC SECURITY
CHAPTER 1--HOMELAND SECURITY ORGANIZATION
* * * * * * *
SUBCHAPTER VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR
GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Part D--Acquisitions
* * * * * * *
Sec. 391. Research and development projects
(a) Authority
[Until September 30, 2008] Until September 30, 2009, the
Secretary may carry out a pilot program under which the
Secretary may exercise the following authorities:
* * * * * * *
2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND
RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES, PUBLIC LAW 107-206
* * * * * * *
TITLE I--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
* * * * * * *
CHAPTER 12
* * * * * * *
INDEPENDENT AGENCIES
General Services Administration
REAL PROPERTY ACTIVITIES
* * * * * * *
GENERAL PROVISIONS--THIS CHAPTER
* * * * * * *
Sec. 1202. (a) The Federal Law Enforcement Training Center
may, for a period ending not later than [December 31, 2010]
December 31, 2011, appoint and maintain a cadre of up to 250
Federal annuitants: (1) without regard to any provision of
title 5, United States Code, which might otherwise require the
application of competitive hiring procedures; and (2) who shall
not be subject to any reduction in pay (for annuity allocable
to the period of actual employment) under the provisions of
section 8344 or 8468 of such title 5 or similar provision of
any other retirement system for employees. A reemployed Federal
annuitant as to whom a waiver of reduction under paragraph (2)
applies shall not, for any period during which such waiver is
in effect, be considered an employee for purposes of subchapter
III of chapter 83 or chapter 84 of title 5, United States Code,
or such other retirement system (referred to in paragraph (2))
as may apply.
* * * * * * *
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007, PUBLIC LAW
109-295
* * * * * * *
TITLE V
GENERAL PROVISIONS
* * * * * * *
Sec. 501. * * *
* * * * * * *
Sec. 532. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal year
[2008] 2009, with respect to any undercover investigative
operation of the United States Secret Service (hereafter
referred to in this section as the ``Secret Service'') that is
necessary for the detection and prosecution of crimes against
the United States--
* * * * * * *
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount of Committee Amount of
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees of budget totals for 2009:
Subcommittee on Homeland Security
Mandatory............................................... 1,152 1,152 1,148 \1\1,148
Discretionary........................................... 42,252 42,252 42,792 \1\42,580
Projection of outlays associated with the recommendation:
2009.................................................... ........... ........... ........... \2\24,257
2010.................................................... ........... ........... ........... 7,727
2011.................................................... ........... ........... ........... 5,474
2012.................................................... ........... ........... ........... 2,281
2013 and future years................................... ........... ........... ........... 1,216
Financial assistance to State and local governments for NA 4,894 NA 418
2009.......................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
DISCLOSURE OF CONGRESSIONALLY DIRECTED SPENDING ITEMS
The Constitution vests in the Congress the power of the
purse. The Committee believes strongly that Congress should
make the decisions on how to allocate the people's money.
As defined in Rule XLIV of the Standing Rules of the
Senate, the term ``congressional directed spending item'' means
a provision or report language included primarily at the
request of a Senator, providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit
authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State, locality
or Congressional district, other than through a statutory or
administrative, formula-driven, or competitive award process.
For each item, a Member is required to provide a
certification that neither the Member nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Such certifications are
available to the public on the website of the Senate Committee
on Appropriations (www.appropriations.senate.gov/senators.cfm).
Following is a list of congressionally directed spending
items included in the Senate recommendation discussed in this
report, along with the name of each Senator who submitted a
request to the Committee of jurisdiction for each item so
identified. Neither the Committee recommendation nor this
report contains any limited tax benefits or limited tariff
benefits as defined in rule XLIV.
DEPARTMENT OF HOMELAND SECURITY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Account Project Funding Member
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chief Information Officer.............. National Center for Critical Information Processing and Storage, MS........................ $22,300,000 Senator Cochran
U.S. Customs and Border Protection: 2010 Olympics Coordination Center, WA...................................................... 4,500,000 Senator Murray
Salaries and Expenses.
U.S. Customs and Border Protection: Advanced Training Center, WV............................................................... 39,700,000 Senator Byrd
Construction.
U.S. Customs and Border Protection: Del Rio: Comstock, TX Station.............................................................. 25,000,000 The President
Construction.
U.S. Customs and Border Protection: Detroit: Sandusky, OH Station.............................................................. 4,000,000 The President
Construction.
U.S. Customs and Border Protection: Calexico, CA Station....................................................................... 34,000,000 The President
Construction.
U.S. Customs and Border Protection: Indio, CA Station.......................................................................... 18,000,000 The President
Construction.
U.S. Customs and Border Protection: Sector HQ Vehicle Maintenance Facility, CA................................................. 18,000,000 The President
Construction.
U.S. Customs and Border Protection: El Paso: Expanded Checkpoints, TX.......................................................... 1,513,000 The President
Construction.
U.S. Customs and Border Protection: Marfa: Presidio, TX Station................................................................ 3,000,000 The President
Construction.
U.S. Customs and Border Protection: Blythe, CA Station......................................................................... 28,900,000 The President
Construction.
U.S. Customs and Border Protection: Boulevard, CA Station...................................................................... 31,000,000 The President
Construction.
U.S. Customs and Border Protection: Casa Grande, AZ Station.................................................................... 17,873,000 The President
Construction.
U.S. Customs and Border Protection: Naco, AZ Station........................................................................... 47,000,000 The President
Construction.
U.S. Customs and Border Protection: Sonoita, AZ Station........................................................................ 27,000,000 The President
Construction.
U.S. Customs and Border Protection: Yuma, AZ Hangar, Maintenance and Admin..................................................... 4,000,000 The President
Construction.
U.S. Customs and Border Protection: El Centro, CA Hangar, Maintenance & Admin.................................................. 2,100,000 The President
Construction.
U.S. Customs and Border Protection: El Paso, TX Consolidation of facilities.................................................... 1,500,000 The President
Construction.
U.S. Customs and Border Protection: Laredo, TX Hangar, Maintenance & Admin..................................................... 4,000,000 The President
Construction.
U.S. Customs and Border Protection: Marfa, TX Hangar, Maintenance & Admin...................................................... 3,000,000 The President
Construction.
U.S. Customs and Border Protection: Uvalde, TX Hangar, Maintenance & Admin..................................................... 2,000,000 The President
Construction.
Coast Guard: Acquisition, Construction, CG Air Station Cape Cod, MA................................................................ 5,000,000 The President
and Improvements.
Coast Guard: Acquisition, Construction, Sector Delaware Bay, NJ.................................................................... 13,000,000 The President
and Improvements.
Coast Guard: Acquisition, Construction, Coast Guard Housing--Cordova, AK........................................................... 11,600,000 The President
and Improvements.
Coast Guard: Acquisition, Construction, Coast Guard Academy--Chase Hall, CT........................................................ 10,300,000 The President, Senator Dodd
and Improvements.
Coast Guard: Acquisition, Construction, Station Montauk, NY........................................................................ 1,550,000 The President
and Improvements.
Coast Guard: Operating Expenses........ Operations Systems Center, WV.............................................................. 3,600,000 Senator Byrd
Coast Guard: Alteration of Bridges..... Elgin, Joliet, and Eastern Railway Company Bridge: Morris, IL.............................. 2,125,000 Senator Durbin
Coast Guard: Alteration of Bridges..... Burlington Northern Railroad Bridge: Burlington, IA........................................ 2,125,000 Senator Harkin
Coast Guard: Alteration of Bridges..... Chelsea Street Bridge: Chelsea, MA......................................................... 2,125,000 Senators Kennedy and Kerry
Coast Guard: Alteration of Bridges..... Canadian Pacific Railway Bridge: La Crosse, WI............................................. 2,125,000 Senator Kohl
Coast Guard: Alteration of Bridges..... Fourteen Mile Bridge: Mobile, AL........................................................... 3,750,000 Senator Shelby
Coast Guard: Alteration of Bridges..... Galveston Causeway Bridge: Galveston, TX................................................... 3,750,000 Senator Hutchison
NPPD: Infrastructure Protection and National Infrastructure Simulation and Analysis Center, NM................................. 20,000,000 The President, Senator Domenici
Information Secur- ity.
FEMA: State and Local Programs......... Pacific Region Homeland Security Center, HI................................................ 2,200,000 Senator Inouye
FEMA: State and Local Programs......... Counterterrorism and Cyber Crime Center, VT................................................ 1,700,000 Senator Leahy
FEMA: State and Local Programs......... National Domestic Preparednesss Consortium................................................. ................ The President; Senators Cornyn,
National Energetic Materials Research and Testing Center, New Mexico Institute of Mining Domenici, Hutchison, Landrieu, Reid,
and Technology, NM..................................................................... 22,000,000 and Vitter
National Center for Biomedical Research and Training, Louisiana State University, LA.... 22,000,000
National Emergency Response and Rescue Training Center, Texas A&M University, TX........ 22,000,000
National Exercise, Test, and Training Center, Nevada Test Site, NV...................... 22,000,000
FEMA: State and Local Programs......... National Domestic Preparednesss Consortium:
Transportation Technology Center, Incorporated, CO...................................... 5,000,000 Senators Allard and Salazar
National Disaster Preparedness Training Center, University of Hawaii, HI................ 5,000,000 Senator Inouye
FLETC: Acquisition, Construction, Artesia Construction, NM................................................................... 3,000,000 Senator Domenici
Improvements, and Related Expenses.
FLETC: Acquisition, Construction, Practical Application/Counterterrorism Operations Training Facility, GA.................... 9,195,000 The President
Improvements, and Related Expenses.
S&T: Research, Development, Southeast Region Research Initiative, TN................................................... 27,000,000 Senators Alexander, Cochran, and Wicker
Acquisition, and Operations.
S&T: Research, Development, Distributed Environment for Critical Infrastructure Decisionmaking Exercises, Multiple 3,000,000 Senators Bennett, Leahy, Lieberman and
Acquisition, and Operations. Locations. Voinovich
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2008 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2009
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2008 Budget estimate Committee -----------------------------------
appropriation recommendation 2008
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
Office of the Secretary and Executive Management:
Immediate Office of the Secretary......................... 2,540 3,378 3,378 +838 ................
Immediate Office of the Deputy Secretary.................. 1,122 1,505 1,505 +383 ................
Chief of Staff............................................ 2,639 2,693 2,693 +54 ................
Office of Counternarcotics Enforcement.................... 2,680 4,018 3,718 +1,038 -300
Executive Secretary....................................... 4,722 5,848 7,448 +2,726 +1,600
Office of Policy.......................................... 33,000 43,693 42,763 +9,763 -930
Office of Public Affairs.................................. 6,650 8,291 5,991 -659 -2,300
Office of Legislative and Intergovernmental Affairs....... 4,900 5,697 4,997 +97 -700
Office of General Counsel................................. 13,500 20,914 20,114 +6,614 -800
Office of Civil Rights and Civil Liberties................ 14,200 17,917 17,417 +3,217 -500
Citizenship and Immigration Services Ombudsman............ 5,900 6,471 6,471 +571 ................
Privacy Officer........................................... 5,500 6,804 6,804 +1,304 ................
-----------------------------------------------------------------------------------------
Total, Office of the Secretary and Executive Management. 97,353 127,229 123,299 +25,946 -3,930
Office of the Under Secretary for Management:
Under Secretary for Management............................ 2,012 2,654 2,654 +642 ................
Office of Security........................................ 53,490 60,882 60,882 +7,392 ................
Office of the Chief Procurement Officer................... 28,495 42,003 39,003 +10,508 -3,000
Office of the Chief Human Capital Officer:
Salaries and expenses................................. 8,811 31,827 30,537 +21,726 -1,290
Human resources....................................... 10,000 15,000 10,000 ................ -5,000
-----------------------------------------------------------------------------------------
Subtotal, Office of the Chief Human Capital Officer. 18,811 46,827 40,537 +21,726 -6,290
Office of the Chief Administrative Officer:
Salaries and expenses................................. 41,430 41,727 41,727 +297 ................
Nebraska Avenue Complex (NAC)......................... 6,000 6,000 6,000 ................ ................
St. Elizabeths Project................................ ................ 120,000 120,000 +120,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Office of the Chief Administrative Officer 47,430 167,727 167,727 +120,297 ................
-----------------------------------------------------------------------------------------
Total, Office of the Under Secretary for Management. 150,238 320,093 310,803 +160,565 -9,290
Office of the Chief Financial Officer......................... 31,300 56,235 56,235 +24,935 ................
Office of the Chief Information Officer:
Salaries and expenses..................................... 81,000 86,928 86,928 +5,928 ................
Information technology activities......................... 56,200 42,445 47,445 -8,755 +5,000
Security activities....................................... 124,900 70,323 92,623 -32,277 +22,300
Homeland Secure Data Network (HSDN)....................... 33,100 47,673 47,673 +14,573 ................
-----------------------------------------------------------------------------------------
Subtotal, Office of the Chief Information Officer....... 295,200 247,369 274,669 -20,531 +27,300
Analysis and Operations....................................... 306,000 333,262 320,200 +14,200 -13,062
Rescission................................................ -8,700 ................ -2,500 +6,200 -2,500
-----------------------------------------------------------------------------------------
Subtotal, Analysis and Operations....................... 297,300 333,262 317,700 +20,400 -15,562
=========================================================================================
Total, Departmental Operations.......................... 871,391 1,084,188 1,082,706 +211,315 -1,482
Office of the Federal Coordinator for Gulf Coast Rebuilding... 2,700 291 2,700 ................ +2,409
Office of Inspector General
Operating expenses............................................ 92,711 101,013 96,013 +3,302 -5,000
(transfer from Disaster Relief)........................... (16,000) ................ (16,000) ................ (+16,000)
-----------------------------------------------------------------------------------------
Operating expenses (including transfers).............. 108,711 101,013 112,013 +3,302 +11,000
Appropriations.................................... (92,711) (101,013) (96,013) (+3,302) (-5,000)
by transfer....................................... (16,000) ................ (16,000) ................ (+16,000)
=========================================================================================
Total, title I, Departmental Management and Operations 982,802 1,185,492 1,197,419 +214,617 +11,927
(including transfers)..................................
Appropriations...................................... (975,502) (1,185,492) (1,183,919) (+208,417) (-1,573)
Rescissions......................................... (-8,700) ................ (-2,500) (+6,200) (-2,500)
by transfer......................................... (16,000) ................ (16,000) ................ (+16,000)
=========================================================================================
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and expenses:
Headquarters, Management, and Administration:
Management and administration, border security 619,325 644,351 646,608 +27,283 +2,257
inspections and trade facilitation...................
Management and administration, border security, and 602,016 622,300 622,550 +20,534 +250
control between ports of entry.......................
-----------------------------------------------------------------------------------------
Subtotal, Headquarters, Management, and 1,221,341 1,266,651 1,269,158 +47,817 +2,507
Administration.....................................
Border security inspections and trade facilitation:
Inspections, trade, and travel facilitation at ports 1,583,235 1,834,793 2,041,846 +458,611 +207,053
of entry.............................................
Model ports of entry (emergency)...................... 40,000 ................ ................ -40,000 ................
Terrorist prevention system enhancements for passenger 45,000 ................ ................ -45,000 ................
screening (emergency)................................
Electronic travel authorizations (emergency).......... 36,000 ................ ................ -36,000 ................
WHTI (emergency)...................................... 150,000 ................ ................ -150,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Inspections, trade, and travel 1,854,235 1,834,793 2,041,846 +187,611 +207,053
facilitation at ports of entry.....................
Harbor maintenance fee collection (trust fund)............ 3,093 3,154 3,154 +61 ................
Container security initiative............................. 156,130 149,450 149,450 -6,680 ................
Other international programs.............................. 10,866 10,984 10,984 +118 ................
Customs-Trade Partnership Against Terrorism (C-TPAT)...... 62,310 64,496 64,496 +2,186 ................
Free and Secure Trade (FAST) NEXUS/SENTRI................. 11,243 11,274 11,274 +31 ................
Inspection and detection technology investments........... 105,027 117,144 117,144 +12,117 ................
Automated targeting systems............................... 27,580 32,550 32,550 +4,970 ................
National Targeting Center................................. 23,950 24,481 24,481 +531 ................
Training.................................................. 24,813 24,778 24,778 -35 ................
-----------------------------------------------------------------------------------------
Subtotal, Border security inspections and trade 2,279,247 2,273,104 2,480,157 +200,910 +207,053
facilitation...........................................
Border security and control between ports of entry:
Border security and control........................... 2,984,443 3,440,505 3,440,505 +456,062 ................
Ground transportation contract (emergency)........ 25,000 ................ ................ -25,000 ................
Border patrol vehicles (emergency)................ 13,000 ................ ................ -13,000 ................
Training.............................................. 52,789 74,815 74,815 +22,026 ................
-----------------------------------------------------------------------------------------
Subtotal, Border security and control between ports 3,075,232 3,515,320 3,515,320 +440,088 ................
of entry...........................................
Air and Marine Personnel Compensation and Benefits........ 212,740 254,279 271,679 +58,939 +17,400
Emergency appropriations.............................. 14,000 ................ ................ -14,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Air and Marine Personnel Compensation and 226,740 254,279 271,679 +44,939 +17,400
Benefits...........................................
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses..................... 6,802,560 7,309,354 7,536,314 +733,754 +226,960
Rescission.................................................... ................ ................ -13,000 -13,000 -13,000
=========================================================================================
Total, Salaries and expenses............................ 6,802,560 7,309,354 7,523,314 +720,754 +213,960
Appropriations...................................... (6,476,467) (7,306,200) (7,533,160) (+1,056,693) (+226,960)
Rescissions......................................... ................ ................ (-13,000) (-13,000) (-13,000)
Emergency appropriations............................ (323,000) ................ ................ (-323,000) ................
Trust fund.......................................... (3,093) (3,154) (3,154) (+61) ................
Automation modernization:
Automated commercial environment/International Trade Data 316,969 316,851 316,851 -118 ................
System (ITDS)............................................
Automated commercial system and current operations and 159,640 194,483 194,483 +34,843 ................
processing support.......................................
-----------------------------------------------------------------------------------------
Subtotal, Automation modernization...................... 476,609 511,334 511,334 +34,725 ................
Border security fencing, infrastructure, and technology
(BSFIT):
Development and deployment................................ 35,000 275,000 275,000 +240,000 ................
Emergency appropriations.............................. 1,053,000 ................ ................ -1,053,000 ................
Operation and maintenance................................. 73,000 410,000 410,000 +337,000 ................
Program management........................................ 64,000 90,000 90,000 +26,000 ................
-----------------------------------------------------------------------------------------
Subtotal, BSFIT......................................... 1,225,000 775,000 775,000 -450,000 ................
Appropriations...................................... (172,000) (775,000) (775,000) (+603,000) ................
Emergency appropriations............................ (1,053,000) ................ ................ (-1,053,000) ................
Air and Marine Interdiction, Operations, Maintenance, and
Procurement:
Operations and maintenance................................ 353,614 380,022 380,022 +26,408 ................
Procurement............................................... 122,433 147,978 147,978 +25,545 ................
Emergency appropriations.............................. 94,000 ................ ................ -94,000 ................
-----------------------------------------------------------------------------------------
Subtotal............................................ 216,433 147,978 147,978 -68,455 ................
-----------------------------------------------------------------------------------------
Subtotal, Air and marine interdiction, operations, 570,047 528,000 528,000 -42,047 ................
maintenance, and procurement.......................
Appropriations.................................. (476,047) (528,000) (528,000) (+51,953) ................
Emergency appropriations........................ (94,000) ................ ................ (-94,000) ................
Construction:
Construction.............................................. 287,363 363,501 403,201 +115,838 +39,700
Construction (Border Patrol) (emergency).............. 61,000 ................ ................ -61,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Construction.............................. 348,363 363,501 403,201 +54,838 +39,700
=========================================================================================
Total, Direct appropriations for Customs and Border 9,422,579 9,487,189 9,740,849 +318,270 +253,660
Protection.........................................
Fee accounts:
Immigration inspection user fee........................... (535,291) (570,059) (570,059) (+34,768) ................
Immigration enforcement fines............................. (3,440) (3,331) (3,331) (-109) ................
Land border inspection fee................................ (30,121) (26,880) (26,880) (-3,241) ................
COBRA passenger inspection fee............................ (392,180) (410,666) (410,666) (+18,486) ................
APHIS inspection fee...................................... (299,622) (333,433) (333,433) (+33,811) ................
Puerto Rico collections................................... (117,214) (96,719) (96,719) (-20,495) ................
Small airport user fees................................... (7,057) (7,057) (7,057) ................ ................
-----------------------------------------------------------------------------------------
Subtotal, fee accounts.................................. (1,384,925) (1,448,145) (1,448,145) (+63,220) ................
=========================================================================================
Total, U.S. Customs and Border Protection............... (10,807,504) (10,935,334) (11,188,994) (+381,490) (+253,660)
Appropriations...................................... (7,891,579) (9,487,189) (9,753,849) (+1,862,270) (+266,660)
Emergency appropriations............................ (1,531,000) ................ ................ (-1,531,000) ................
(Fee accounts)...................................... (1,384,925) (1,448,145) (1,448,145) (+63,220) ................
=========================================================================================
U.S. Immigration and Customs Enforcement
Salaries and expenses:
Headquarters, Management and Administration (non-Detention
and Removal Operations):
Personnel compensation and benefits, service and other 164,887 200,188 202,188 +37,301 +2,000
costs................................................
ICE vehicle replacements (emergency).................. 4,000 ................ ................ -4,000 ................
Headquarters-managed IT investment.................... 146,654 174,348 174,348 +27,694 ................
-----------------------------------------------------------------------------------------
Subtotal, Headquarters, Management, and 315,541 374,536 376,536 +60,995 +2,000
Administration.....................................
Legal proceedings......................................... 208,350 214,332 214,332 +5,982 ................
Investigations:
Domestic.............................................. 1,372,328 1,474,708 1,514,008 +141,680 +39,300
Emergency appropriations.......................... 50,200 ................ ................ -50,200 ................
-----------------------------------------------------------------------------------------
Total, Domestic................................. 1,422,528 1,474,708 1,514,008 +91,480 +39,300
International......................................... 107,551 125,141 133,541 +25,990 +8,400
-----------------------------------------------------------------------------------------
Subtotal, Investigations........................ 1,530,079 1,599,849 1,647,549 +117,470 +47,700
Intelligence.............................................. 52,146 52,956 55,789 +3,643 +2,833
Detention and removal operations:
Custody operations.................................... 1,461,212 1,696,495 1,721,268 +260,056 +24,773
Emergency appropriations.......................... 186,000 ................ ................ -186,000 ................
Fugitive operations................................... 186,145 226,477 226,477 +40,332 ................
Emergency appropriations.......................... 32,800 ................ ................ -32,800 ................
Criminal Alien program................................ 178,829 189,069 189,069 +10,240 ................
Alternatives to detention............................. 43,889 55,791 59,791 +15,902 +4,000
Emergency appropriations.......................... 10,000 ................ ................ -10,000 ................
Transportation and removal............................ 249,126 281,399 281,399 +32,273 ................
Emergency appropriations.......................... 33,400 ................ ................ -33,400 ................
Subtotal, Detention and removal operations...... 2,381,401 2,449,231 2,478,004 +96,603 +28,773
-----------------------------------------------------------------------------------------
Comprehensive identification and removal of criminal ................ ................ 160,000 +160,000 +160,000
aliens...................................................
(emergency)........................................... 200,000 ................ ................ -200,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses..................... 4,687,517 4,690,904 4,932,210 +244,693 +241,306
Appropriations.................................. (4,171,117) (4,690,904) (4,932,210) (+761,093) (+241,306)
Emergency appropriations........................ (516,400) ................ ................ (-516,400) ................
Federal Protective Service:
Basic security............................................ 186,673 189,673 213,673 +27,000 +24,000
Building specific security (including capital equipment 426,327 426,327 426,327 ................ ................
replacement/acquisition).................................
-----------------------------------------------------------------------------------------
Subtotal, Federal Protective Service.................... 613,000 616,000 640,000 +27,000 +24,000
Offsetting fee collections................................ -613,000 -616,000 -640,000 -27,000 -24,000
Automation modernization: ATLAS 30,700 57,000 57,000 +26,300 ................
Construction.................................................. 6,000 ................ ................ -6,000 ................
Emergency appropriations.................................. 10,500 ................ ................ -10,500 ................
-----------------------------------------------------------------------------------------
Subtotal, Construction.................................. 16,500 ................ ................ -16,500 ................
=========================================================================================
Total, Direct appropriations for U.S. Immigration 4,734,717 4,747,904 4,989,210 +254,493 +241,306
Customs Enforcement....................................
Fee accounts:
Immigration inspection user fee........................... (113,500) (119,000) (119,000) (+5,500) ................
Breached bond/detention fund.............................. (63,800) (60,000) (60,000) (-3,800) ................
Student exchange and visitor fee.......................... (56,200) (120,000) (120,000) (+63,800) ................
-----------------------------------------------------------------------------------------
Subtotal, fee accounts.................................. (233,500) (299,000) (299,000) (+65,500) ................
-----------------------------------------------------------------------------------------
Subtotal, U.S. Immigration and Customs Enforcement (5,581,217) (5,662,904) (5,928,210) (+346,993) (+265,306)
(gross)................................................
Offsetting fee collections.......................... (-613,000) (-616,000) (-640,000) (-27,000) (-24,000)
=========================================================================================
Total, U.S. Immigration and Customs Enforcement......... (4,968,217) (5,046,904) (5,288,210) (+319,993) (+241,306)
Appropriations...................................... (4,207,817) (4,747,904) (4,989,210) (+781,393) (+241,306)
Emergency appropriations............................ (526,900) ................ ................ (-526,900) ................
Fee accounts........................................ (233,500) (299,000) (299,000) (+65,500) ................
=========================================================================================
Transportation Security Administration
Aviation security:
Screening operations:
Screener workforce:
Privatized screening.............................. 143,385 151,272 151,272 +7,887 ................
Passenger & Baggage screener--personnel, 2,636,104 2,716,014 2,692,014 +55,910 -24,000
compensation, and benefits.......................
-----------------------------------------------------------------------------------------
Subtotal, Screener workforce.................... 2,779,489 2,867,286 2,843,286 +63,797 -24,000
Screener training and other........................... 223,766 197,318 197,318 -26,448 ................
Human resource services............................... 182,234 ................ ................ -182,234 ................
Checkpoint support.................................... ................ 127,683 200,000 +200,000 +72,317
EDS/ETD Systems:
EDS procurement and installation.................. 294,000 153,894 294,000 ................ +140,106
Screening technology maintenance and utilities.... 264,000 310,625 305,625 +41,625 -5,000
Operation integration............................. 25,000 21,481 21,481 -3,519 ................
-----------------------------------------------------------------------------------------
Subtotal, EDS/ETD Systems....................... 583,000 486,000 621,106 +38,106 +135,106
-----------------------------------------------------------------------------------------
Subtotal, Screening operations.................. 3,768,489 3,678,287 3,861,710 +93,221 +183,423
Aviation security direction and enforcement:
Aviation regulation and other enforcement............. 255,953 209,991 250,768 -5,185 +40,777
Airport management and support........................ 651,933 373,010 407,166 -244,767 +34,156
FFDO and flight crew training......................... 25,091 ................ 25,025 -66 +25,025
Air cargo............................................. 73,000 ................ 122,849 +49,849 +122,849
Airport perimeter security............................ 4,000 ................ 4,000 ................ +4,000
Law enforcement....................................... ................ 242,247 ................ ................ -242,247
-----------------------------------------------------------------------------------------
Subtotal, Aviation security direction andenforcement 1,009,977 825,248 809,808 -200,169 -15,440
Federal Air Marshals...................................... ................ 786,000 ................ ................ -786,000
Implementing requirements of Public Law 110-53............ 30,000 ................ ................ -30,000 ................
(Non-add)............................................. ................ ................ (20,000) (+20,000) (+20,000)
Discretionary fees:
General aviation at DCA............................... 25 ................ ................ -25 ................
Indirect air cargo.................................... 200 ................ ................ -200 ................
-----------------------------------------------------------------------------------------
Total, Discretionary fees........................... 225 ................ ................ -225 ................
Fee-funded programs:
General aviation at DCA............................... ................ (75) (75) (+75) ................
Indirect air cargo.................................... ................ (200) (200) (+200) ................
-----------------------------------------------------------------------------------------
Total, Fee-funded programs.......................... ................ (275) (275) (+275) ................
Aviation security capital fund (mandatory)................ (250,000) (250,000) (250,000) ................ ................
Aviation security capital fund enhancement (mandatory).... ................ (426,000) ................ ................ (-426,000)
Checkpoint screening security fund (mandatory)............ (250,000) ................ ................ (-250,000) ................
-----------------------------------------------------------------------------------------
Total, Aviation security (gross) (including transfers).. 4,808,691 5,289,535 4,671,518 -137,173 -618,017
Offsetting fee collections (non-mandatory).......... -2,210,000 -2,320,000 -2,320,000 -110,000 ................
Discretionary fees--offsetting collections (non- -225 ................ ................ +225 ................
mandatory).........................................
Fee-funded programs (nonadd)........................ ................ (-275) (-275) (-275) ................
-----------------------------------------------------------------------------------------
Total, Aviation security (net).......................... 2,598,466 2,969,535 2,351,518 -246,948 -618,017
Rescission................................................ ................ ................ -7,300 -7,300 -7,300
-----------------------------------------------------------------------------------------
Total, Aviation security (net w/rescission)............. 2,598,466 2,969,535 2,344,218 -254,248 -625,317
Rescissions......................................... ................ ................ (-7,300) (-7,300) (-7,300)
Aviation security capital fund...................... (250,000) (250,000) (250,000) ................ ................
Recapitalization fee proposal....................... ................ (426,000) ................ ................ (-426,000)
Checkpoint screening security fund.................. (250,000) ................ ................ (-250,000) ................
Surface transportation security:
Staffing and operations................................... 24,485 25,397 33,785 +9,300 +8,388
Rail security inspectors and canines...................... 22,128 11,603 29,721 +7,593 +18,118
-----------------------------------------------------------------------------------------
Subtotal, Surface transportation security............... 46,613 37,000 63,506 +16,893 +26,506
Transportation Threat Assessment and Credentialing:
Secure Flight............................................. 50,000 82,211 82,211 +32,211 ................
Crew vetting.............................................. 14,990 ................ ................ -14,990 ................
Screening administration and operations................... 9,500 50,807 37,407 +27,907 -13,400
TWIC direct appropriations................................ 8,100 ................ ................ -8,100 ................
Registered Traveler Program fees.......................... (35,101) (10,000) (10,000) (-25,101) ................
TWIC fees................................................. (26,500) (9,000) (9,000) (-17,500) ................
Hazardous materials fees.................................. (19,000) (18,000) (18,000) (-1,000) ................
Alien Flight School (by transfer from DOJ)--fees.......... (2,000) (3,000) (3,000) (+1,000) ................
-----------------------------------------------------------------------------------------
Subtotal, Transportation Threat Assessment and (165,191) (173,018) (159,618) (-5,573) (-13,400)
Credentialing (Gross)..................................
Fee funded programs................................. (82,601) (40,000) (40,000) (-42,601) ................
-----------------------------------------------------------------------------------------
Subtotal, Transportation Threat Assessment and 82,590 133,018 119,618 +37,028 -13,400
Credentialing (net)....................................
Transportation security support:
Headquarters administration............................... 293,191 213,135 237,370 -55,821 +24,235
Information technology.................................... 209,324 472,799 472,799 +263,475 ................
Human capital services.................................... ................ 218,105 218,105 +218,105 ................
Intelligence.............................................. 21,000 21,961 21,961 +961 ................
-----------------------------------------------------------------------------------------
Subtotal, Transportation security support............... 523,515 926,000 950,235 +426,720 +24,235
Federal Air Marshals:
Management and administration............................. 674,173 ................ 701,743 +27,570 +701,743
Travel and training....................................... 95,327 ................ 97,357 +2,030 +97,357
-----------------------------------------------------------------------------------------
Subtotal, Federal Air Marshals.......................... 769,500 ................ 799,100 +29,600 +799,100
-----------------------------------------------------------------------------------------
Total, Transportation Security Administration (gross) 6,813,510 7,101,553 6,893,977 +80,467 -207,576
(including trans) (w/out rescission)...................
=========================================================================================
Total, Transportation Security Administration (gross) 6,813,510 7,101,553 6,886,677 +73,167 -214,876
(including trans) (with rescission)....................
Offsetting fee collections.......................... (-2,210,225) (-2,320,000) (-2,320,000) (-109,775) ................
Aviation security capital fund...................... (250,000) (250,000) (250,000) ................ ................
EDS recapitalization (mandatory).................... ................ (426,000) ................ ................ (-426,000)
Checkpoint screening security fund.................. (250,000) ................ ................ (-250,000) ................
Fee accounts........................................ (82,601) (40,000) (40,000) (-42,601) ................
=========================================================================================
Total, Transportation Security Administration (net)..... 4,020,684 4,065,553 4,276,677 +255,993 +211,124
Appropriations...................................... (4,020,684) (4,065,553) (4,283,977) (+263,293) (+218,424)
Rescissions......................................... ................ ................ (-7,300) (-7,300) (-7,300)
=========================================================================================
Coast Guard
Operating expenses:
Military pay and allowance................................ 2,921,673 3,076,837 3,121,391 +199,718 +44,554
Port and maritime security enhancements (emergency)....... 70,300 ................ ................ -70,300 ................
Civilian pay and benefits................................. 594,803 692,859 691,030 +96,227 -1,829
Training and recruiting................................... 185,604 196,063 198,686 +13,082 +2,623
Operating funds and unit level maintenance................ 1,134,881 1,169,942 1,181,918 +47,037 +11,976
Centrally managed accounts................................ 229,896 262,795 267,229 +37,333 +4,434
Intermediate and depot level maintenance.................. 754,190 814,906 820,243 +66,053 +5,337
Less adjustment for defense function...................... -340,000 -340,000 -340,000 ................ ................
Defense function.......................................... 340,000 340,000 340,000 ................ ................
Transfer from Defense, O&M Navy........................... (110,000) ................ ................ (-110,000) ................
-----------------------------------------------------------------------------------------
Subtotal, Operating expenses............................ 6,001,347 6,213,402 6,280,497 +279,150 +67,095
Appropriations...................................... (5,481,047) (5,873,402) (5,940,497) (+459,450) (+67,095)
Emergency appropriations............................ (70,300) ................ ................ (-70,300) ................
Defense function.................................... (340,000) (340,000) (340,000) ................ ................
Environmental compliance and restoration...................... 13,000 12,315 12,315 -685 ................
Reserve training.............................................. 126,883 130,501 130,501 +3,618 ................
Acquisition, construction, and improvements:
Vessels:
Response boat medium.................................. 9,200 64,000 108,000 +98,800 +44,000
Emergency appropriation........................... 35,800 ................ ................ -35,800 ................
Inland river tender recapitalization.................. ................ 5,000 5,000 +5,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Vessels................................... 45,000 69,000 113,000 +68,000 +44,000
Integrated deepwater systems:
Aircraft:
Unmanned aircraft systems......................... ................ 3,000 3,000 +3,000 ................
Maritime Patrol Aircraft (MPA).................... 170,016 86,600 86,600 -83,416 ................
HH-60 conversions................................. 57,300 52,700 52,700 -4,600 ................
HC-130H conversions............................... 18,900 24,500 24,500 +5,600 ................
HH-65 conversion project.......................... 50,800 64,500 64,500 +13,700 ................
Armed helicopter equipment........................ 24,600 ................ ................ -24,600 ................
C-130J fleet introduction......................... 5,800 ................ 23,700 +17,900 +23,700
-----------------------------------------------------------------------------------------
Subtotal, Aircraft.............................. 327,416 231,300 255,000 -72,416 +23,700
Surface ships:
National Security Cutter (NSC).................... 165,700 353,700 353,700 +188,000 ................
Offshore Patrol Cutter (OPC)...................... ................ 3,003 3,003 +3,003 ................
Replacement Patrol Boat (FRC-B)................... ................ 115,300 115,300 +115,300 ................
IDS small boats................................... 2,700 2,400 2,400 -300 ................
Patrol Boat sustainment........................... 40,500 30,800 30,800 -9,700 ................
Medium endurance cutter sustainment............... 34,500 35,500 35,500 +1,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Surface ships......................... 243,400 540,703 540,703 +297,303 ................
Technology obsolescence............................... 700 1,500 1,500 +800 ................
C4ISR................................................. 89,630 88,100 88,100 -1,530 ................
Logistics............................................. 36,500 37,700 37,700 +1,200 ................
Systems engineering and integration................... 35,145 33,141 33,141 -2,004 ................
Government program management......................... 50,475 58,000 58,000 +7,525 ................
-----------------------------------------------------------------------------------------
Subtotal, Integrated deepwater systems.............. 783,266 990,444 1,014,144 +230,878 +23,700
Other equipment:
Automatic identification system....................... 12,000 14,600 8,600 -3,400 -6,000
Defense messaging system.............................. 5,000 4,074 4,074 -926 ................
National distress and response system modernization 80,300 73,000 73,000 -7,300 ................
(Rescue 21)..........................................
HF Recap.............................................. 2,500 2,500 2,500 ................ ................
National Capital Region Air Defense................... 11,500 ................ ................ -11,500 ................
Maritime security response team--shoothouse........... 1,800 ................ ................ -1,800 ................
Interagency operational centers for port security 60,000 ................ ................ -60,000 ................
(emergency)..........................................
Command 21............................................ ................ 1,000 1,000 +1,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Other equipment........................... 173,100 95,174 89,174 -83,926 -6,000
Shore facilities and aids to navigation................... 40,997 50,000 50,000 +9,003 ................
Personnel compensation and benefits:
Core acquisition costs................................ 505 500 500 -5 ................
Direct personnel cost................................. 82,215 ................ ................ -82,215 ................
-----------------------------------------------------------------------------------------
Subtotal, Personnel compensation andbenefits........ 82,720 500 500 -82,220 ................
-----------------------------------------------------------------------------------------
Subtotal, Acquisition, construction, and 1,125,083 1,205,118 1,266,818 +141,735 +61,700
improvements (excluding rescissions)...............
Rescission, UAV............................................... -33,822 ................ ................ +33,822 ................
Rescission, Offshore Patrol Cutter............................ -98,627 ................ ................ +98,627 ................
-----------------------------------------------------------------------------------------
Subtotal, Acquisition, construction, and improvements... 992,634 1,205,118 1,266,818 +274,184 +61,700
Appropriations...................................... (1,029,283) (1,205,118) (1,266,818) (+237,535) (+61,700)
Emergency appropriations............................ (95,800) ................ ................ (-95,800) ................
Rescissions......................................... (-132,449) ................ ................ (+132,449) ................
Alteration of bridges......................................... 16,000 ................ 16,000 ................ +16,000
Research, development, test, and evaluation................... 25,000 16,000 16,000 -9,000 ................
Health care fund contribution................................. 272,111 257,305 257,305 -14,806 ................
-----------------------------------------------------------------------------------------
Subtotal, Coast Guard discretionary..................... 7,336,975 7,834,641 7,979,436 +642,461 +144,795
Retired pay (mandatory)....................................... 1,184,720 1,236,745 1,236,745 +52,025 ................
=========================================================================================
Total, Coast Guard...................................... 8,631,695 9,071,386 9,216,181 +584,486 +144,795
Appropriations...................................... (8,488,044) (9,071,386) (9,216,181) (+728,137) (+144,795)
Emergency appropriations............................ (166,100) ................ ................ (-166,100) ................
Rescissions......................................... (-132,449) ................ ................ (+132,449) ................
=========================================================================================
United States Secret Service
Salaries and expenses:
Protection:
Protection of persons and facilities.................. 693,535 710,468 710,468 +16,933 ................
Protective intelligence activities.................... 57,704 59,761 59,761 +2,057 ................
National special security events...................... 1,000 1,000 1,000 ................ ................
Presidential candidate nominee protection............. 85,250 41,082 41,082 -44,168 ................
White House mail screening............................ 16,201 36,701 30,701 +14,500 -6,000
-----------------------------------------------------------------------------------------
Subtotal, Protection................................ 853,690 849,012 843,012 -10,678 -6,000
Field operations:
Domestic field operations............................. 219,742 241,772 241,772 +22,030 ................
International field office administration, operations. 27,520 28,342 30,000 +2,480 +1,658
Electronic crimes special agent program and electronic 44,565 47,836 55,836 +11,271 +8,000
crimes task forces...................................
Support for missing and exploited children............ 8,366 8,366 8,366 ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Field operations.......................... 300,193 326,316 335,974 +35,781 +9,658
Administration: Headquarters, management, and 175,934 182,104 182,104 +6,170 ................
administration
Training: Rowley training center 51,954 53,189 53,189 +1,235 ................
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses..................... 1,381,771 1,410,621 1,414,279 +32,508 +3,658
Acquisition, construction, improvements, and related expenses 3,725 3,725 3,725 ................ ................
(Rowley training center).....................................
-----------------------------------------------------------------------------------------
Total, United States Secret Service..................... 1,385,496 1,414,346 1,418,004 +32,508 +3,658
=========================================================================================
Total, title II, Security, Enforcement, and 28,195,171 28,786,378 29,640,921 +1,445,750 +854,543
Investigations (including transfers)...................
Appropriations...................................... (25,993,620) (28,786,378) (29,661,221) (+3,667,601) (+874,843)
Emergency appropriations............................ (2,224,000) ................ ................ (-2,224,000) ................
Rescissions......................................... (-132,449) ................ (-20,300) (+112,149) (-20,300)
(Fee Accounts)...................................... (1,701,026) (1,787,145) (1,787,145) (+86,119) ................
=========================================================================================
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs
Management and administration:
Administrative activities................................. 37,934 43,100 43,100 +5,166 ................
Risk management and analysis.............................. 9,412 9,500 9,500 +88 ................
Intergovernmental programs................................ ................ 2,000 ................ ................ -2,000
-----------------------------------------------------------------------------------------
Total, Management and administration.................... 47,346 54,600 52,600 +5,254 -2,000
-----------------------------------------------------------------------------------------
Subtotal, US-VISIT...................................... ................ ................ ................ ................ ................
Infrastructure Protection and Information Security:
Indentification and analysis.............................. 69,522 77,326 82,603 +13,081 +5,277
Coordination and information sharing...................... 68,821 45,644 52,367 -16,454 +6,723
Mitigation programs....................................... 134,253 149,830 162,671 +28,418 +12,841
-----------------------------------------------------------------------------------------
Total, Infrastructure protection........................ 272,596 272,800 297,641 +25,045 +24,841
Cyber security............................................ 210,413 293,500 318,500 +108,087 +25,000
Office of Emergency Communications........................ 35,700 38,300 48,300 +12,600 +10,000
National Security/Emergency Preparedness:
Telecommunications:
Priority telecommunications service............... 82,821 109,778 58,740 -20,250 -51,038
Next generation networks.......................... 21,100 ................ 52,500 +31,400 +52,500
Assistant Secretary for Cyber Security............ ................ 258 ................ ................ -258
Programs to study and enhance telecommunications.. 16,000 15,100 15,100 -900 ................
Critical infrastructure protection................ 16,100 11,260 11,260 -4,840 ................
Industry Government and Interagency processes..... ................ 4,704 ................ ................ -4,704
National command and coordination capability...... ................ 61,000 5,963 +2,132 -55,037
Enhanced Long-Range Navigation (e-LORAN).......... ................ 34,500 ................ ................ -34,500
-----------------------------------------------------------------------------------------
Total, National Security/Emergency Preparedness 136,021 236,600 143,563 +7,542 -93,037
Telecommunications.............................
-----------------------------------------------------------------------------------------
Subtotal, Infrastructure Protection and 654,730 841,200 808,004 +153,274 -33,196
Information Security (Defense function)........
-----------------------------------------------------------------------------------------
U.S. Visitor and Immigrant Status Indicator Technology........ 200,000 390,300 180,300 -19,700 -210,000
Emergency appropriations.................................. 275,000 ................ ................ -275,000 ................
=========================================================================================
Total, National Protection and Programs................. 1,177,076 1,286,100 1,040,904 -136,172 -245,196
Appropriations...................................... (902,076) (1,286,100) (1,040,904) (+138,828) (-245,196)
Emergency appropriations............................ (275,000) ................ ................ (-275,000) ................
=========================================================================================
Office of Health Affairs
Biowatch...................................................... 77,108 111,606 111,606 +34,498 ................
National biosurveillence integration system................... 8,000 8,000 8,000 ................ ................
Rapidly deployable chemical detection system.................. 2,600 2,600 2,600 ................ ................
Planning and coordination..................................... 4,475 9,923 9,923 +5,448 ................
Salaries and expenses......................................... 24,317 29,210 39,210 +14,893 +10,000
-----------------------------------------------------------------------------------------
Total, Office of Health Affairs......................... 116,500 161,339 171,339 +54,839 +10,000
=========================================================================================
Federal Emergency Management Agency
Management and administration:
Operating activities...................................... 625,500 ................ ................ -625,500 ................
Operations activities..................................... ................ 515,881 484,396 +484,396 -31,485
Management activities..................................... ................ 369,269 369,269 +369,269 ................
(Defense function).................................... (88,930) (94,059) (94,059) (+5,129) ................
Urban search and rescue response system................... 32,500 25,000 32,500 ................ +7,500
Office of National Capitol Region Coordination............ 6,000 6,342 6,342 +342 ................
U.S. Fire Administration.................................. ................ 40,913 ................ ................ -40,913
(transfer from Disaster relief)........................... (60,000) ................ (43,485) (-16,515) (+43,485)
-----------------------------------------------------------------------------------------
Subtotal, Management and administration (including 724,000 957,405 935,992 +211,992 -21,413
transfers).............................................
Appropriations...................................... (664,000) (957,405) (892,507) (+228,507) (-64,898)
by transfer......................................... (60,000) ................ (43,485) (-16,515) (+43,485)
(Non-defense appropriations).................... (575,070) (863,346) (798,448) (+223,378) (-64,898)
(Defense appropriations)........................ (88,930) (94,059) (94,059) (+5,129) ................
State and Local Programs:
State Homeland Security Grant Program..................... 890,000 200,000 890,000 ................ +690,000
Real ID Grants (non-add).............................. ................ ................ (50,000) (+50,000) (+50,000)
Operation Stonegarden (emergency)..................... 60,000 ................ ................ -60,000 ................
-----------------------------------------------------------------------------------------
Subtotal............................................ 950,000 200,000 890,000 -60,000 +690,000
Urban area security initiative............................ 820,000 825,000 825,000 +5,000 ................
Regional catastrophic preparedness grants................. 35,000 ................ 35,000 ................ +35,000
Metropolitan Medical Response System...................... 41,000 ................ 33,000 -8,000 +33,000
Citizen Corps program..................................... 15,000 15,000 15,000 ................ ................
Public transportation security assistance and railroad 400,000 175,000 400,000 ................ +225,000
security assistance......................................
Port security grants...................................... 400,000 210,000 400,000 ................ +190,000
Over-the-road bus security assistance..................... 11,500 12,000 12,000 +500 ................
Trucking industry security grants......................... 16,000 8,000 8,000 -8,000 ................
Buffer Zone Protection Program grants..................... 50,000 ................ 50,000 ................ +50,000
REAL ID Grants (emergency)................................ 50,000 ................ ................ -50,000 ................
National Security and Terrorism Prevention Grants......... ................ 110,000 ................ ................ -110,000
Commercial equipment direct assistance program............ 25,000 ................ 10,000 -15,000 +10,000
Interoperable emergency communications grant program...... 50,000 ................ 50,000 ................ +50,000
Emergency Operations Centers.............................. 15,000 ................ 10,000 -5,000 +10,000
National Programs:
National Domestic Preparedness Consortium............. 88,000 32,000 101,900 +13,900 +69,900
Center for Domestic Preparedness...................... 57,000 47,000 57,000 ................ +10,000
Noble Training Center............................. 5,500 ................ 5,500 ................ +5,500
National exercise program............................. 50,000 40,000 40,000 -10,000 ................
Technical assistance.................................. 12,000 10,000 12,000 ................ +2,000
Demonstration training grants......................... 28,000 ................ 25,000 -3,000 +25,000
Continuing training grants............................ 31,000 ................ 31,000 ................ +31,000
Evaluations and assessments........................... 19,000 16,000 19,000 ................ +3,000
Rural Domestic Preparedness Consortium................ 8,800 ................ ................ -8,800 ................
-----------------------------------------------------------------------------------------
Subtotal, National Programs......................... 299,300 145,000 291,400 -7,900 +146,400
Emergency management performance grants................... ................ 200,000 ................ ................ -200,000
-----------------------------------------------------------------------------------------
Subtotal, State and Local Programs...................... 3,177,800 1,900,000 3,029,400 -148,400 +1,129,400
Appropriations...................................... (3,067,800) (1,900,000) (3,029,400) (-38,400) (+1,129,400)
Emergency appropriations............................ (110,000) ................ ................ (-110,000) ................
Firefighter assistance grants:
Fire grants............................................... 560,000 300,000 560,000 ................ +260,000
Staffing for Adequate Fire and Emergency Response (SAFER) 190,000 ................ 190,000 ................ +190,000
Act grants...............................................
-----------------------------------------------------------------------------------------
Subtotal, Firefighter Assistance grants................. 750,000 300,000 750,000 ................ +450,000
Emergency management performance grants....................... 300,000 ................ 300,000 ................ +300,000
-----------------------------------------------------------------------------------------
Subtotal, Grants and training........................... 4,227,800 2,200,000 4,079,400 -148,400 +1,879,400
Appropriations...................................... (4,117,800) (2,200,000) (4,079,400) (-38,400) (+1,879,400)
Emergency appropriations............................ (110,000) ................ ................ (-110,000) ................
Radiological Emergency Preparedness Program................... -505 -505 -505 ................ ................
United States Fire Administration............................. 43,300 ................ 43,300 ................ +43,300
Disaster relief............................................... 1,400,000 1,900,000 1,900,000 +500,000 ................
(transfer to Management and administration)............... (-60,000) ................ (-43,485) (+16,515) (-43,485)
(transfer to Inspector General)........................... (-16,000) ................ (-16,000) ................ (-16,000)
Supplemental Appropriations--Public Law 110-116: Emergency (2,900,000) ................ ................ (-2,900,000) ................
appropriations (previously enacted)
-----------------------------------------------------------------------------------------
Subtotal, Disaster Relief............................... 4,224,000 1,900,000 1,840,515 -2,383,485 -59,485
Disaster readiness and support................................ ................ 200,000 ................ ................ -200,000
Disaster assistance direct loan program account:
(Limitation on direct loans).............................. (25,000) (25,000) (25,000) ................ ................
Direct loan subsidy....................................... 295 295 295 ................ ................
Administrative expenses................................... 580 ................ ................ -580 ................
Flood map modernization fund.................................. 220,000 150,000 185,000 -35,000 +35,000
National flood insurance fund:
Salaries and expenses..................................... 45,642 49,418 49,418 +3,776 ................
Flood hazard mitigation................................... 99,358 107,181 107,181 +7,823 ................
Offsetting fee collections................................ -145,000 -156,599 -156,599 -11,599 ................
Transfer to National flood mitigation fund................ (-34,000) ................ ................ (+34,000) ................
National flood mitigation fund (by transfer).................. (34,000) ................ ................ (-34,000) ................
National predisaster mitigation fund.......................... 114,000 75,000 100,000 -14,000 +25,000
Emergency food and shelter.................................... 153,000 100,000 153,000 ................ +53,000
Cerro Grande Fire Payments (rescission)....................... ................ -9,000 -9,000 -9,000 ................
-----------------------------------------------------------------------------------------
Total, Federal Emergency Management Agency (including 9,706,470 5,573,195 7,327,997 -2,378,473 +1,754,802
transfers).............................................
Appropriations...................................... (6,712,470) (5,582,195) (7,352,997) (+640,527) (+1,770,802)
Emergency appropriations............................ (110,000) ................ ................ (-110,000) ................
Rescissions......................................... ................ (-9,000) (-9,000) (-9,000) ................
Enacted emergency appropriations.................... (2,900,000) ................ ................ (-2,900,000) ................
by transfer......................................... (94,000) ................ (43,485) (-50,515) (+43,485)
transfer out........................................ (-110,000) ................ (-59,485) (+50,515) (-59,485)
(Limitation on direct loans)........................ (25,000) (25,000) (25,000) ................ ................
=========================================================================================
Total, title III, Protection, Preparedness, Response and 11,000,046 7,020,634 8,540,240 -2,459,806 +1,519,606
Recovery (including transfers).........................
Appropriations...................................... (7,731,046) (7,029,634) (8,565,240) (+834,194) (+1,535,606)
Emergency appropriations............................ (385,000) ................ ................ (-385,000) ................
Rescissions......................................... ................ (-9,000) (-9,000) (-9,000) ................
Enacted emergency appropriations.................... (2,900,000) ................ ................ (-2,900,000) ................
By transfer......................................... (94,000) ................ (43,485) (-50,515) (+43,485)
Transfer out........................................ (-110,000) ................ (-59,485) (+50,515) (-59,485)
(Limitation on direct loans)........................ (25,000) (25,000) (25,000) ................ ................
=========================================================================================
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
Citizenship and immigration services (appropriations):
Employment eligibility verification (EEV) program......... ................ 100,000 100,000 +100,000 ................
Emergency appropriations.............................. 60,000 ................ ................ -60,000 ................
FBI background checks (emergency appropriations).......... 20,000 ................ ................ -20,000 ................
Benefit parole programs................................... 523 540 540 +17 ................
Immigration service programs.............................. 450 ................ ................ -450 ................
REAL ID Act implementation................................ ................ 50,000 50,000 +50,000 ................
Unspecified budget request................................ ................ 4,000 ................ ................ -4,000
-----------------------------------------------------------------------------------------
Subtotal, Citizenship and immigration services.......... 80,973 154,540 150,540 +69,567 -4,000
Appropriations...................................... (973) (154,540) (150,540) (+149,567) (-4,000)
Emergency appropriations............................ (80,000) ................ ................ (-80,000) ................
Adjudication services (fee account):
Pay and benefits.......................................... (758,091) (780,076) (780,076) (+21,985) ................
District operations....................................... (546,413) (535,156) (535,156) (-11,257) ................
Service center operations................................. (352,866) (345,890) (345,890) (-6,976) ................
Asylum, refugee and international operations.............. (94,561) (92,602) (92,602) (-1,959) ................
Records operations........................................ (87,739) (85,946) (85,946) (-1,793) ................
Business transformation................................... (139,000) (139,000) (139,000) ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Adjudication services......................... (1,978,670) (1,978,670) (1,978,670) ................ ................
Information and customer services (fee account):
Pay and benefits.......................................... (89,977) (92,587) (92,587) (+2,610) ................
Operating expenses:
National Customer Service Center...................... (55,600) (53,747) (53,747) (-1,853) ................
Information services.................................. (22,222) (21,465) (21,465) (-757) ................
-----------------------------------------------------------------------------------------
Subtotal, Information and customer services......... (167,799) (167,799) (167,799) ................ ................
Administration (fee account):
Pay and benefits.......................................... (86,245) (88,746) (88,746) (+2,501) ................
Operating expenses........................................ (287,654) (285,153) (285,153) (-2,501) ................
-----------------------------------------------------------------------------------------
Subtotal, Administration................................ (373,899) (373,899) (373,899) ................ ................
Systematic Alien Verification for Entitlements (SAVE) (fee (18,504) (18,818) (18,818) (+314) ................
accounts)....................................................
=========================================================================================
Total, U.S. Citizenship and Immigration Services........ (2,619,845) (2,693,726) (2,689,726) (+69,881) (-4,000)
Appropriations...................................... (973) (154,540) (150,540) (+149,567) (-4,000)
Emergency appropriations............................ (80,000) ................ ................ (-80,000) ................
Total Fees.......................................... (2,538,872) (2,539,186) (2,539,186) (+314) ................
(Immigration Examination Fees).................. (2,494,872) (2,495,186) (2,495,186) (+314) ................
(Fraud prevention and detection fees)........... (31,000) (31,000) (31,000) ................ ................
(H1B Non-Immigrant Petitioner fees)............. (13,000) (13,000) (13,000) ................ ................
=========================================================================================
Federal Law Enforcement Training Center
Salaries and expenses:
Law enforcement training.................................. 219,786 230,670 236,402 +16,616 +5,732
Emergency appropriations.............................. 17,000 ................ ................ -17,000 ................
Accreditation............................................. 1,290 ................ 1,290 ................ +1,290
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses......................... 238,076 230,670 237,692 -384 +7,022
Appropriations...................................... (221,076) (230,670) (237,692) (+16,616) (+7,022)
Emergency appropriations............................ (17,000) ................ ................ (-17,000) ................
Acquisitions, Construction, Improvements, and Related
expenses:
Direct appropriation...................................... 46,590 43,456 86,456 +39,866 +43,000
Construction (emergency).............................. 4,000 ................ ................ -4,000 ................
-----------------------------------------------------------------------------------------
Subtotal............................................ 50,590 43,456 86,456 +35,866 +43,000
Appropriations.................................. (46,590) (43,456) (86,456) (+39,866) (+43,000)
Emergency appropriations........................ (4,000) ................ ................ (-4,000) ................
-----------------------------------------------------------------------------------------
Total, Federal Law Enforcement Training Center...... 288,666 274,126 324,148 +35,482 +50,022
Appropriations.................................. (267,666) (274,126) (324,148) (+56,482) (+50,022)
Emergency appropriations........................ (21,000) ................ ................ (-21,000) ................
=========================================================================================
Science and Technology
Management and administration................................. 138,600 132,100 132,100 -6,500 ................
Research, development, acquisition, and operations:
Border and maritime security.............................. 25,479 35,300 35,300 +9,821 ................
Chemical and biological................................... 208,020 200,408 200,408 -7,612 ................
Command, control, and interoperability.................... 56,980 62,390 87,390 +30,410 +25,000
Explosives................................................ 77,654 96,149 96,149 +18,495 ................
Human factors............................................. 14,206 12,460 8,000 -6,206 -4,460
Infrastructure and geophysical............................ 64,500 37,816 64,816 +316 +27,000
Innovation................................................ 33,000 45,000 33,000 ................ -12,000
Laboratory facilities..................................... 103,814 146,940 161,940 +58,126 +15,000
Test and evaluations/standards............................ 28,520 24,674 24,674 -3,846 ................
Transition................................................ 25,265 31,830 26,830 +1,565 -5,000
University programs....................................... 49,297 43,770 43,770 -5,527 ................
Homeland Security Institute............................... 5,000 ................ 5,000 ................ +5,000
-----------------------------------------------------------------------------------------
Subtotal, Research, development, acquisition, and 691,735 736,737 787,277 +95,542 +50,540
operations.............................................
(Non-defense appropriations)........................ (516,735) (736,737) (787,277) (+270,542) (+50,540)
(Defense appropriations)............................ (175,000) ................ ................ (-175,000) ................
=========================================================================================
Total, Science and Technology........................... 830,335 868,837 919,377 +89,042 +50,540
=========================================================================================
Domestic Nuclear Detection Office
Management and administration................................. 31,500 38,900 38,900 +7,400 ................
Research, development, and operations:
Systems engineering and architecture...................... 22,400 25,147 25,147 +2,747 ................
Systems development....................................... 118,100 108,100 108,100 -10,000 ................
Transformational research and development................. 96,000 113,300 113,300 +17,300 ................
Assessments............................................... 37,500 32,000 32,000 -5,500 ................
Operations support........................................ 34,500 37,753 37,753 +3,253 ................
National Technical Nuclear Forensics Center............... 15,000 17,900 17,900 +2,900 ................
-----------------------------------------------------------------------------------------
Research, development, and operations................... 323,500 334,200 334,200 +10,700 ................
Systems acquisition:
Radiation Portal Monitor Program.......................... 90,000 157,700 135,000 +45,000 -22,700
Securing the Cities....................................... 30,000 20,000 20,000 -10,000 ................
Human Portal Radiation Detection Systems Program.......... 9,750 13,000 13,000 +3,250 ................
-----------------------------------------------------------------------------------------
Subtotal, Systems acquisition........................... 129,750 190,700 168,000 +38,250 -22,700
-----------------------------------------------------------------------------------------
Total, Domestic Nuclear Detection Office................ 484,750 563,800 541,100 +56,350 -22,700
=========================================================================================
Total, title IV, Research and Development, Training, and 1,684,724 1,861,303 1,935,165 +250,441 +73,862
Services (including transfers).........................
Appropriations...................................... (1,583,724) (1,861,303) (1,935,165) (+351,441) (+73,862)
Emergency appropriations............................ (101,000) ................ ................ (-101,000) ................
(Fee Accounts)...................................... (2,538,872) (2,539,186) (2,539,186) (+314) ................
=========================================================================================
TITLE V--GENERAL PROVISIONS
Rescission of unobligated balances............................ -59,287 ................ ................ +59,287 ................
Rescission of recovered lapsed balances....................... -28,833 ................ ................ +28,833 ................
Rescission, TSA undistributed carryover....................... -4,500 ................ ................ +4,500 ................
Rescission, Counter Terrorism Fund............................ -8,480 ................ ................ +8,480 ................
USM/OSEM management efficiencies.............................. -5,000 ................ ................ +5,000 ................
Sec. 573: Rescission of emergency appropriation............... -20,000 ................ ................ +20,000 ................
Sec. 573: Appropriation (emergency)........................... 20,000 ................ ................ -20,000 ................
=========================================================================================
Total, title V, General Provisions...................... -106,100 ................ ................ +106,100 ................
=========================================================================================
Grand total............................................. 38,746,643 38,853,807 41,313,745 +2,567,102 +2,459,938
Appropriations...................................... (36,283,892) (38,862,807) (41,345,545) (+5,061,653) (+2,482,738)
(Discretionary)................................. (35,099,172) (37,626,062) (40,108,800) (+5,009,628) (+2,482,738)
(Mandatory)..................................... (1,184,720) (1,236,745) (1,236,745) (+52,025) ................
Emergency appropriations............................ (2,710,000) ................ ................ (-2,710,000) ................
Rescissions......................................... (-247,249) (-9,000) (-31,800) (+215,449) (-22,800)
Fee funded programs................................. (4,239,898) (4,326,331) (4,326,331) (+86,433) ................
(Enacted emergency appropriations).................. (2,900,000) ................ ................ (-2,900,000) ................
(Limitation on direct loans)........................ (25,000) (25,000) (25,000) ................ ................
(Transfer out)...................................... (-110,000) ................ (-59,485) (+50,515) (-59,485)
(By transfer)....................................... (220,000) ................ (59,485) (-160,515) (+59,485)
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