[House Report 112-492]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-492
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2013
_______
May 23, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Aderholt of Alabama, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5855]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2013.
INDEX TO BILL AND REPORT
Page number
Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS 2
7
Office of the Secretary and Executive Management... 2
7
Office of the Under Secretary for Management....... 3
17
Office of the Chief Financial Officer.............. 5
21
Office of the Chief Information Officer............ 5
23
Analysis and Operations............................ 6
24
Office of Inspector General........................ 6
25
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS 7
27
U.S. Customs and Border Protection................. 7
27
Salaries and Expenses...................... 7
27
Automation Modernization................... 9
42
Border Security Fencing, Infrastructure,
and Technology......................... 9
43
Air and Marine Interdiction, Operations,
Maintenance, and Procurement........... 9
46
Construction and Facilities Management..... 10
49
U.S. Immigration and Customs Enforcement........... 11
50
Salaries and Expenses...................... 11
50
Automation Modernization................... 15
60
Construction............................... 15
62
Transportation Security Administration............. 15
62
Aviation Security.......................... 15
62
Surface Transportation Security............ 19
72
Transportation Threat Assessment and
Credentialing.......................... 19
73
Transportation Security Support............ 19
75
Federal Air Marshals....................... 20
77
Coast Guard........................................ 20
78
Operating Expenses......................... 20
78
Environmental Compliance and Restoration... 22
81
Reserve Training........................... 22
82
Automation Modernization................... 22
82
Acquisition, Construction, and Improvements 22
83
Research, Development, Test, and Evaluation 27
92
Medicare Eligible Retiree Health Care Fund
Contribution.......................... ......
92
Retired Pay................................ 28
93
United States Secret Service....................... 28
93
Salaries and Expenses...................... 28
93
Acquisition, Construction, Improvements,
and Related Expenses................... 31
98
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 32
99
National Protection and Programs Directorate....... 32
99
Management and Administration.............. 32
99
Infrastructure Protection and Information
Security............................... 32
99
Federal Protective Service................. 32
106
Office of Biometric Identity Management.... 33
107
Office of Health Affairs........................... 35
110
Federal Emergency Management Agency................ 36
112
Salaries and Expenses...................... 36
112
Automation Modernization................... 37
114
State and Local Programs................... 37
115
Firefighter Assistance Grants.............. 41
118
Emergency Management Performance Grants.... 42
119
Radiological Emergency Preparedness Program 42
120
United States Fire Administration.......... 43
120
Disaster Relief............................ 43
121
Disaster Assistance Direct Loan Program
Account................................ 47
122
Flood Hazard Mapping and Risk Analysis..... 47
123
National Flood Insurance Fund.............. 48
124
National Predisaster Mitigation Fund....... 50
124
Emergency Food and Shelter................. 50
125
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 51
125
United States Citizenship and Immigration Services. 51
125
Federal Law Enforcement Training Center............ 51
129
Salaries and Expenses...................... 51
129
Acquisitions, Construction, Improvements,
and Related Expenses................... 53
130
Science and Technology............................. 54
131
Management and Administration.............. 54
131
Research, Development, Acquisition, and
Operations............................. 54
131
Domestic Nuclear Detection Office.................. 55
137
Management and Administration.............. 55
137
Research, Development, and Operations...... 56
137
Systems Acquisition........................ 56
140
TITLE V--GENERAL PROVISIONS 57
141
This Act.......................................... ......
141
Compliance with House Rules....................... ......
147
Tables............................................ ......
168
Summary of the Total Bill......................... ......
......
The accompanying bill contains recommendations for new
budget (obligational) authority for fiscal year 2013 for the
Department of Homeland Security. The following table summarizes
these recommendations and reflects comparisons with the budget,
as amended, and with amounts appropriated to date for fiscal
year 2012:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House compared with
New budget estimates of ----------------------------
(obligational) new Recom-
Title authority (obligational) mended by New budget Budget
fiscal year authority, the House authority estimate,
2012 fiscal year fiscal year fiscal year
2013 2012 2013
----------------------------------------------------------------------------------------------------------------
Title I: Departmental Management and $1,131,974 $1,278,624 $1,052,928 -$79,046 -$225,696
Operations...........................
Title II: Security, Enforcement and 33,225,418 32,182,492 32,360,917 -864,501 178,425
Investigations.......................
Title III: Protection, Preparedness, 12,079,869 11,392,128 11,388,755 -691,114 -3,373
Response and Recovery................
Title IV: Research, Development, 1,331,837 1,560,747 1,510,032 178,195 -50,715
Training and Services................
Title V: General Provisions........... -70,713 - - - -292,159 -221,446 -292,159
-------------------------------------------------------------------------
Grand total..................... 47,698,385 46,413,991 46,020,473 -1,677,912 -393,518
-------------------------------------------------------------------------
Total........................... $39,600,228 $39,509,991 $39,116,473 -$483,755 -$393,518
----------------------------------------------------------------------------------------------------------------
Note: The above amounts are regular discretionary only.
Summary of Major Recommendations in the Bill
The Committee recommends $39,116,473,000 in discretionary
resources for the Department of Homeland Security for fiscal
year 2013, $393,518,000, or 1 percent, below the amount
requested and $483,755,000, or 1.2 percent, below fiscal year
2012 enacted levels (excluding emergency funding and disaster
relief adjustments). Unlike previous years, funding for the
Coast Guard's support of the Global War on Terror / Overseas
Contingency Operations are not included in the bill and are
instead provided via permissive transfer of $254,461,000 from
Department of Defense, Navy, Operations & Maintenance.
The Committee report refers to the following laws 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 the
American Recovery and Reinvestment Act of 2009, Public Law 111-
5, is referenced as ARRA.
Priorities in the Bill
The Department of Homeland Security (DHS) is entering a new
era. Evolving threats and urgent budget realities demand that
DHS be more agile in executing its key missions, including its
paramount goal of protecting the Nation from acts of terrorism.
In fiscal year 2013, DHS will observe its tenth anniversary,
marking the end of a decade in which the young Department,
created in the wake of the 9/11 attacks, faced extraordinary
operational and organizational challenges. In addition to the
charge of safeguarding America against diverse and relentless
adversaries, the Department found itself saddled with
inefficiencies, misaligned functions, bureaucratic tendencies,
and uneven capabilities to meet its vital mission. While
changes have been made to strengthen and streamline DHS, much
work remains to be done.
The Committee's fiscal year 2013 bill aims to build on
progress last year to develop a more effective and efficient
Department by emphasizing fiscal discipline, reducing overall
discretionary spending from the fiscal year 2012 enacted level,
sustaining essential DHS frontline operations, strengthening
oversight and accountability, and increasing support for grants
and research programs. The Committee seeks to position DHS to
combat the threats of the 21st Century while also
ensuring that the Department is especially diligent in its use
of limited taxpayer dollars. The bill supports these goals by
reducing unnecessary overhead, directing more effective
alignment of key Departmental functions, and improving DHS
capabilities through smarter, risk-based investments.
The Committee faced significant hurdles in crafting its
recommendations due to glaring shortfalls in the President's
fiscal year 2013 budget request. First, the Committee was
forced to find $115,000,000 in offsets to make up for the
budget request's persistent and flawed assumption of increased
aviation passenger fee collections, since such fees have not
been authorized by Congress and are not in the jurisdiction of
the Committee, as the Committee informed DHS when it proposed a
similar increase in fiscal year 2012. Furthermore, the request
created a hole of $110,000,000 through a flaw related to U.S.
Customs and Border Protection's (CBP) access to fee
collections. The Committee notes where it was forced to offset
these budget gimmicks and inadequacies throughout this report.
Finally, the Department has failed to comply with nearly all of
the statutory reporting requirements contained in Public Law
112-74 and forced the Committee to make many funding
determinations with insufficient information on program
projections, planned expenditures, execution, and alignment to
stated goals and mission requirements. The Department's
inexcusable failures to comply with the law are addressed
assertively throughout the bill.
FISCAL DISCIPLINE
While the Department is charged with countering serious
threats to our security, the Nation faces another, perhaps even
greater threat. This threat lies not in foreign countries or
from unseen enemies, but here at home, where America's fiscal
situation remains unsustainable. In light of this enormous
challenge, the Committee recommends reducing overall spending
nearly $500,000,000 below fiscal year 2012; marking the third
straight fiscal year where discretionary spending for DHS has
been reduced from the previous fiscal year's enacted level.
These reductions are made not only to help restore America's
fiscal health, but also to compel the Department to address
inefficiencies in a bureaucracy that has seen substantial and
greater-than-inflationary growth since its creation. The vital
importance of the Department's mission does not make it immune
from fiscal discipline.
The Committee categorically rejects the false ``tradeoff''
between security and spending restraint. The Committee's
recommendations are intended to force the Department to make
wiser investment decisions with limited resources that will
ultimately deliver better capabilities and result in improving
the Nation's security posture. The Committee will not tolerate
programs that are underperforming or failing to achieve desired
outcomes, which is why the bill makes responsible and targeted
reductions where taxpayers are not seeing results.
Moreover, the Committee makes recommendations to instill
fiscal discipline at DHS over the long term by reducing
bureaucratic overhead and forcing the Department to revisit
costly acquisitions that may need to be modified to provide
better value to taxpayers. The bill also compels the Department
to more clearly link funding requests to mission requirements
and to provide a better accounting of results before seeking
additional funding for programs with a questionable or mixed
track record. Finally, the Committee recommends denying DHS
requests to expand its bureaucracy through new stand-alone
offices and instead forces the Department to look at
consolidations across a number of overlapping and duplicative
programs.
SUSTAINING FRONTLINE AND HIGH-RISK OPERATIONS
The bill prioritizes sustainment of vital frontline
operations and personnel across the Department and provides
targeted funding enhancements above the President's budget
request for certain activities, as noted in relevant sections
throughout the report. The Committee recommends funding levels
to support and sustain ample staffing levels of Border Patrol
agents, CBP officers, Immigration and Customs Enforcement (ICE)
agents, active duty Coast Guard military personnel, Secret
Service agents, disaster response specialists, and intelligence
analysts.
Specifically, the bill continues the Committee's unwavering
commitment to providing necessary resources to secure our
Nation's borders and enforce our customs and immigration laws.
Increases are provided to bolster operations and investigative
capability for countering human trafficking, protecting
intellectual property rights, and combatting electronic crimes.
A total of $11,683,317,000 is recommended for CBP, an increase
of $76,999,000 above the President's budget request, when
adjusted for proposed transfers and realignments. This funding
sustains the highest level of Border Patrol agents and CBP
officers in history and includes: $327,099,000 for border
fencing, infrastructure, and technology; $518,469,000 for air
and marine interdiction; and $252,567,000 for the maintenance
of CBP facilities. The Committee also recommends $5,785,656,000
for ICE, an increase of $141,595,000 above the request, and
sustains 34,000 detention beds--the greatest detention capacity
in ICE's history--as well as funding for the 287(g) program,
denying the President's requests for a reduction in these
crucial enforcement areas.
The Committee also seeks to bolster the frontlines of
America's security across cyber, air, and maritime domains. For
example, the bill includes $564,038,000, an increase of
$300,038,000 above fiscal year 2012, for cyber diagnostics and
intrusion detection capabilities that will allow DHS to better
protect Federal networks from foreign espionage and cyber-
attacks. Additionally, the bill increases funds for
investigation of electronic crimes. The bill also supports
efforts to move toward more targeted, risk-based screening in
the aviation sector, retains a cap on Transportation Security
Administration (TSA) screener personnel, and shifts more
resources towards privatized screening. In the Coast Guard, the
Committee recommends robust funding for critical acquisitions
such as additional rotary wing and fixed wing aircraft and
initial procurement of a seventh National Security Cutter to
recapitalize the Coast Guard's aging assets by using funds more
effectively while at the same time providing greater
capability.
ACCOUNTABILITY, OVERSIGHT, AND REFORM
The Committee recommends decisive action to improve
accountability in fiscal year 2013, including withholding funds
from Departmental management offices until the Secretary
submits to the Committee statutorily required reports and plans
that are due at the time of the President's fiscal year 2014
budget submission. The Department has been egregiously late in
responding to Congressional direction, including failing to
submit the majority of statutorily required reports on time.
This failure to comply with the law is wholly unacceptable. The
Committee represents the American people and serves as a
steward to conduct oversight of U.S. Government agencies. The
investment plans, expenditure plans, reports, and
justifications outlined by the Committee are essential if it is
to help DHS better protect the American people and live up to
exacting standards of fiscal responsibility. By flouting
Congressional requirements, the Department is effectively
disregarding the taxpayers' right to see whether or not their
scarce dollars are spent wisely. Additional reductions are
taken throughout the Department to demonstrate the seriousness
of compliance and to compel DHS leadership to develop greater
responsiveness to statutory requirements and Congressional
requests.
In fiscal year 2013, the Committee recommends continuing
major reforms put in place in fiscal year 2012 and recommends
new actions to streamline and strengthen the Department. The
bill rejects the unauthorized grant proposal submitted in the
budget, and, instead, the Committee recommends continuing last
year's reform that consolidates FEMA grant programs and
emphasizes that limited Federal dollars must be applied to
areas of highest risk. The Committee further strengthens its
stringent oversight of the Disaster Relief Fund by continuing
annual and monthly reporting requirements and instituting
significant reform for debris removal to enable and empower
local communities' efforts to respond to disasters at
substantially lower costs to the taxpayer. The Committee
rejects and reforms inefficient budgeting for Coast Guard
acquisitions by aligning funding to requirements based on the
fiscal year of need. Specifically, the bill includes language
defining ``full funding'' so that funds do not remain unused
and languish for years. The Committee also rejects the
Department's request to remove functions from the Office of
Policy to create three additional, stand-alone offices. This
request for additional, direct reports is inconsistent with the
goal of a more consolidated Department with lower bureaucratic
overhead and is, therefore, not approved. Furthermore, the
Committee recommends better alignment of specific functions
within the Department and the budget, such as biometric
identity management and automation modernization, and requires
DHS to examine opportunities to better organize its efforts to
counter weapons of mass destruction.
In conclusion, the Committee's intent is to prioritize
funding for frontline security operations; enable the
Department to rapidly and responsibly acquire much needed
operational capabilities; equip the Department to address long-
standing Federal network security vulnerabilities; push the
Department to set clear and well-reasoned priorities that align
to stated mission requirements; and require the Department to
practice sound financial and program management that
disciplines funding and aligns resources to results in terms of
improved security. Moreover, the bill mandates that the
Department budget adequately for known and expected costs of
operations, including disaster relief; strengthens vital
preparedness and response partnerships between Federal, State,
local, tribal, and private sector entities; and moves the
Department toward the lean and responsive organization it was
envisioned to be when it was established in 2003. The Committee
remains deeply committed to helping the Department confront
emergent homeland security threats, and, looking forward, cites
the strength of America's resolve as evidence that this Nation
will be undaunted in tackling the unforeseen challenges of the
future.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriation, fiscal year 2012....................... $133,159,000
Budget request, fiscal year 2013...................... 134,150,000
Recommended in the bill............................... 121,850,000
Bill compared with:
Appropriation, fiscal year 2012................... -11,309,000
Budget request, fiscal year 2013.................. -12,300,000
MISSION
The mission of the Office of the Secretary and Executive
Management (OSEM) is to provide efficient services to DHS and
to support the Department's efforts to achieve its strategic
goals: preventing terrorist attacks within the United States;
reducing America's vulnerabilities to terrorism and natural
disasters; minimizing the damage from attacks and disasters
that may occur; responding to attacks and disasters, in
cooperation with States and local governments; and assisting in
recovery following disasters and attacks.
RECOMMENDATION
The Committee recommends $121,850,000 for OSEM, $12,300,000
below the amount requested and $11,309,000 below the amount
provided in fiscal year 2012. No funding is included for a
proposed civilian 2013 pay raise. This includes $45,000 for
official representation and reception allowances, $6,000 below
the request.
Unless otherwise noted below, the recommendation reflects
reductions in funding needed to offset significant shortfalls
in the President's budget request for DHS due to (1) assumed
increases in aviation passenger fee collections that have yet
to be authorized and that are not in the jurisdiction of the
Committee on Appropriations, (2) a flawed budget request
regarding CBP's access to fee collections, and (3) failure to
comply with statutory requirements. In addition, the reductions
reflect Committee dissatisfaction with inconsistent or
incomplete responses by the Department to Committee requests
for information. The bill also withholds $5,000,000 from
obligation for the Office of General Counsel until a final
overseas aircraft repair station security regulation has been
published, as discussed in the section of this report dealing
with TSA.
In addition, in light of the Department's chronic delays in
submitting statutorily required reports and plans, the bill
withholds $71,079,000 from obligation until the Committee
receives all reports that are, by statute, required to be
submitted with or in conjunction with the fiscal year 2014
budget request.
To enable better oversight of expenditures and personnel
changes within OSEM, the Committee has provided separate
funding recommendations for each program, project, and activity
(PPA) as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Immediate Office of the Secretary. $4,295,000 $3,850,000
Immediate Office of the Deputy 2,387,000 2,140,000
Secretary........................
Office of the Chief of Staff...... 2,498,000 2,250,000
Executive Secretary............... 7,993,000 7,190,000
Office of Policy.................. 33,678,000 41,240,000
Office of Public Affairs.......... 5,966,000 5,300,000
Office of Legislative Affairs..... 6,041,000 5,400,000
Office of Intergovernmental 2,648,000 2,380,000
Affairs..........................
Office of General Counsel......... 21,947,000 19,750,000
Office for Civil Rights and Civil 21,716,000 19,500,000
Liberties........................
Citizenship and Immigration 5,950,000 5,350,000
Services Ombudsman...............
Privacy Officer................... 8,387,000 7,500,000
Office of International Affairs... 8,001,000 - - -
Office of State and Local Law 892,000 - - -
Enforcement......................
Private Sector Office............. 1,751,000 - - -
-------------------------------------
Total, OSEM................... $134,150,000 $121,850,000
------------------------------------------------------------------------
The Committee disagrees with the proposed addition of three
new, direct-reporting entities within OSEM, including the
Office of International Affairs (OIA), the Office of State and
Local Law Enforcement (SLLE), and the Private Sector Office
(PSO). This proposal is inconsistent with the goal of a more
streamlined department and of reducing administrative overhead.
Additionally, the Committee views international affairs policy
formulation and coordination as an inherently appropriate
function of the Office of Policy and directs that it should
remain as such. The Committee, therefore, denies the proposed
breakout of these three offices and directs that they remain
elements of the Office of Policy.
However, the Committee notes that SLLE and PSO have a
different character than the Office of Policy and OIA, as they
are primarily liaison and outreach offices. The Committee,
therefore, directs the Department to report no later than 90
days after the date of enactment of this Act on the potential
of establishing an external affairs office that might include,
consolidate, and streamline the PSO and SLLE functions, and
those of other existing external affairs offices (namely the
Offices of Legislative Affairs, Intergovernmental Affairs, and
Public Affairs) that currently report to the Secretary.
Establishment of such an umbrella organization would streamline
administrative functions while allowing the external affairs
entities to focus on unique constituencies and better
coordinate communications with those constituencies and
internally within the Department. The Committee does not
suggest any diminution of stakeholder access or priority of any
external affairs office through this proposal. It is notable
that none of the offices suggested are headed by Senate-
confirmed positions.
OFFICE OF POLICY
The Committee recommends $41,240,000 for the Office of
Policy, $7,562,000 above the amount requested and $1,240,000
above the amount provided in fiscal year 2012. Funding for this
office includes OIA, SLLE, and PSO as noted in the previous
paragraph. The Committee expects the Office of Policy to engage
with components and offices in setting, tracking progress of,
and implementing DHS strategic planning and policy guidance
across the entire spectrum of homeland security activities, in
particular to support Department components in their own and in
cross-component efforts. The Committee directs the Department
to provide, with the submission of its fiscal year 2014 budget
request, a detailed expenditure plan for the Office of Policy
that lists planned projects for each sub-office within the
Office of Policy with their associated funding and staffing
requirements. In addition, to improve oversight of operations
and priorities of the Office, the Committee directs the
Department to report no later than December 1, 2012 on fiscal
year 2012 travel by political employees of the Office of
Policy, listing dates, destinations, purposes, and costs by
trip.
The Committee directs the Department to ensure that the
Office of Policy is a full participant in interagency
discussions on visa policy matters, consistent with DHS
authorities.
OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES
The Committee recommends $19,500,000 for the Office for
Civil Rights and Civil Liberties (CRCL), $2,216,000 below the
amount requested and $3,000,000 below the amount provided in
fiscal year 2012. Part of this reduction reflects, as noted
above, the need to offset significant budget shortfalls created
by assumptions of unauthorized and inaccessible fee revenue. In
addition, the Committee expects the Department to ensure that
CRCL efforts complement, but do not duplicate, those of the
Office of Inspector General or watchdog elements of components,
such as the Office of Professional Responsibility in ICE. It
has come to the attention of the Committee that there is
significant overlap in the oversight efforts of these different
organizations that results in duplicative demands on ICE
resources, potentially at the expense of operations.
The Committee is aware that CRCL submits annual reports to
Congress, but it is dissatisfied with their lateness. The most
recent report, for fiscal year 2010, was received in September
2011. In order to afford the Committee current understanding of
the work, priorities, and funding requirements of the Office,
the Committee directs CRCL to provide a briefing no later than
60 days after the date of enactment of this Act on CRCL
operations in fiscal year 2012 and planned for fiscal year
2013. The briefing should cover workload, and staffing
associated with different core functions and missions; travel;
publications; and measures of performance associated with
execution of CRCL statutory responsibilities.
USER FEES
The Committee remains concerned about the management of
user fee revenue, with concomitant impacts on components that
depend on them to fund positions and operations. The
Department's limited ability to anticipate or compensate for
uncertainty in fee revenue or its application has been a
continuing complication for budgetary and program planning. The
conference report accompanying Public Law 111-83 directed the
Department to submit a contingency plan, which has yet to be
submitted, to address gaps between actual and budgeted
collections. The Committee directs the Secretary to submit that
plan as soon as possible and to provide the Committee a revised
plan no later than 90 days after the date of enactment of this
Act and on an annual basis thereafter. The Department shall
continue to provide information on fee collections and balances
on a quarterly basis with the first fiscal year 2013 report due
no later than January 30, 2013. Additional concerns regarding
user fee revenues specific to CBP and USCIS are addressed later
in the report.
EXPENDITURE PLANS
Throughout this bill and report, the Committee has included
language requiring the Department and components to submit
expenditure and obligation plans for significant investment
programs or programs for which there is a need for sustained
visibility into planning and execution of important milestones.
Such plans are vital to the Committee's oversight work, yet in
far too many instances such plans--which should reflect
decisions already made by the Department to align current
program priorities with resources--have been inexcusably late,
incomplete, or have not yet been submitted at all. In some
cases, expenditure plans that should have been submitted at the
beginning of a fiscal year to show how the Department planned
to expend its funding, instead have been submitted well after
the end of the fiscal year. Such poor responsiveness and
compliance is intolerable and reflects poorly on the
Department. Throughout the bill, considerable reductions from
the request are recommended because of the Department's lack of
responsiveness toward Congressional requirements like these.
Moreover, the Committee withholds funds to compel the
Department to ensure plans are submitted timely to the
Committees on Appropriations.
QUARTERLY REPORTS AND OTHER INFORMATION REQUIREMENTS
The Department is directed to continue to send quarterly
reports as specified under this heading in the Joint
Explanatory Statement accompanying Public Law 112-74, in
particular the Border Security Status Reports, the Secure
Communities Quarterly Reports, and the Detention and Removal
Operations Quarterly. The Committee directs DHS to include in
the Border Security Status Reports unique apprehensions by
Border Patrol and enforcement actions associated with ICE
apprehensions. Further, as CBP refines its statistics
associated with the impact of the consequence delivery programs
on recidivism rates, CBP must report that information in the
Border Security Status Reports by Border Patrol sector.
Since 2001, the U.S. Government has utilized a number of
tools to attempt to reduce the incidence of recidivism when it
comes to illegal border crossing between the ports of entry.
The Committee directs CBP and ICE to provide a briefing on all
the tools that have been utilized, such as lateral
repatriation, interior repatriation, and criminal prosecution;
their findings regarding the effectiveness of these measures in
reducing recidivism; and their plans for expansion of any of
these activities as a result of their findings.
The Committee notes with concern that the recently released
2012-2016 Border Patrol Strategic Plan makes no reference to
operational control or other specific metrics to evaluate
border security other than the so-called ``border condition
index'' that has yet to be deployed. This is unacceptable. The
Department is directed to resume utilizing the number of border
miles under operational control--also referred to as effective
control--as a performance measure in the Department's Annual
Performance Plan as required by the Government Performance and
Results Act and resume reporting the progress and status of
achieving operational control using the definitions included in
the 2004 Border Patrol Strategic Plan and in a manner and under
methodology utilized in the inclusion of the measure in the
Fiscal Years 2008-2010 Department of Homeland Security Annual
Performance Report and as calculated by the Department through
the end of fiscal year 2010. This performance measure remains
in place until other measures are either set by law or agreed
upon with the Committee.
STATUTORILY REQUIRED REPORTS
The Committee's recommendations throughout this bill
reflect reductions in funding due to the Department's failure
to comply with statutory reporting requirements. These
reductions reflect the Committee's dissatisfaction with late,
inconsistent, or incomplete responses by the Department of
statutorily required information for fiscal years 2012 and
beyond. The Committee expects the Department to comply with
these statutory requirements, with regard to both content and
schedule. The Committee notes that the majority of statutorily
required reports and plans are presently more than three months
late and the failure of the Department to provide these plans
on time is concerning. In too many instances such reports have
been incomplete, or submitted either late or not at all. The
Committee finds this failure to comply with the law
unacceptable and it will not tolerate such disregard by the
Department for statutory reporting requirements. Accordingly,
the Committee has included bill language making a total of
$224,421,000 unavailable for obligation by OSEM, the Office of
the Under Secretary for Management (USM), and the Office of
Chief Financial Officer (CFO) until the Secretary of Homeland
Security submits to the Committees all statutorily required
reports and plans that are due with the submission of the
President's budget for fiscal year 2014.
Furthermore, the Committee strongly encourages the
Department to undertake a review of its processes to ensure
that the proper protocols are in place within OSEM, USM, and
CFO to prevent future delays and to hold the Department
accountable for the content in statutorily required reports.
OFFICE OF IMMIGRATION STATISTICS
The Committee understands the Office of Policy plans to
broaden the responsibilities of the Office of Immigration
Statistics to include oversight of statistical and data issues
across the Department's area of responsibility, including data
related to the secure movement of goods and conveyances as well
as other facets of the movement of people. While the Committee
believes this could prove a valuable undertaking, the Committee
expects to continue to see immigration statistics and their
collection remain the core office mission. The Committee has
long sought complete, accurate, and reliable reporting of
immigration enforcement data--an effort that continues this
year. The Office of Immigration Statistics is taking the lead
in coordinating the Department's data collection and reporting
challenges related to immigration enforcement as well as
developing the plan to address those issues. The Committee
directs the Office of Immigration Statistics, in conjunction
with all the relevant DHS components, to brief the Committee no
later than October 1, 2012 on progress regarding collection and
reporting of complete immigration enforcement statistics.
CONSOLIDATION OF WEAPONS OF MASS DESTRUCTION DEFENSE PROGRAMS
Across the U.S. Government, departments and agencies have
combined their programs which deal with chemical, biological,
radiological, and nuclear (CBRN) threats into more centralized
offices, providing clearer focal points for policy and programs
to counter weapons of mass destruction (WMD). The Committee
finds, however, that DHS WMD programs are not similarly
aligned, possibly impairing the Department's strategic
direction on the issue. Unlike others in the interagency
community, DHS WMD programs continue to be spread across many
offices with duplicative and overlapping functions. There is
confusion, for example, over which components are the ``lead''
in certain incidents involving CBRN agents and also over which
are responsible for research and development to detect those
agents. As a result, DHS programs have failed to satisfactorily
fulfill Congressional and Presidential mandates to develop
robust capabilities to detect WMD threats aimed against U.S.
interests.
The Committee is also concerned that the current alignment
of WMD programs causes policy coordination problems within DHS
and in the interagency community. Inside the Department,
coordination is ad hoc and intermittent, with limited
cooperation between certain offices and limited awareness of
what each is doing in the WMD defense mission space. Because
DHS's mission space is not consolidated, DHS views on CBRN
issues are presented in divergent and sometimes conflicting
ways in interagency meetings, impairing the Department's
cooperation with key partners. Moreover, outsiders often find
themselves engaging with the wrong components because of
unclear lanes of responsibility.
Particularly noteworthy is the separation of the Domestic
Nuclear Detection Office (DNDO), responsible for monitoring
radiological and nuclear threats, and the Office of Health
Affairs (OHA), responsible for monitoring chemical and
biological threats. Together, these components are charged with
developing the core of the Department's WMD detection
capabilities and, in coordination with operating agencies,
monitoring the threat landscape to detect potential attacks.
Both organizations have related missions and have faced similar
dilemmas in developing better situational awareness of CBRN
detection assets. Yet the two offices remain separate.
The success of DHS WMD defense activities is critical to
our Nation's ability to detect CBRN threats and protect
Americans from them. In light of historic budget cuts designed
to restore America's fiscal health, DHS must make use of
limited resources as efficiently as possible to protect the
Homeland. Responsible consolidations that make sense
programmatically could improve DHS WMD defense programs and
save taxpayer dollars. The Committee believes that the
Department's WMD programs could be better aligned through
consolidation, both to improve the Nation's defense against WMD
threats and for the sake of fiscal responsibility.
The Committee contends that consolidation of the WMD
defense activities at DNDO and OHA could be an important step
forward in realigning the Department's WMD defense programs to
improve homeland security. Specifically, consolidation could
provide greater awareness and coordination within DHS and the
interagency by creating a more visible focal point for counter-
WMD coordination and strategic planning. The Committee notes
further that merging these two offices could provide cost
savings through programmatic synergies and administrative
efficiencies. A combined office could align key CBRN detection
functions in the same place, including: requirements
generation, acquisitions, global detection architecture
planning, and detection monitoring. Moreover, there may be
efficiencies from reconciling overlapping functions performed
by each office, such as administration, budgeting,
intelligence, international engagement, operations support,
policy formulation, risk assessments, training of first
responders, and State and local outreach.
The Committee, therefore, directs the Secretary to develop
a consolidation plan no later than 180 days after the date of
enactment of this Act to merge DNDO and OHA into an Office of
Weapons of Mass Destruction Defense for fiscal year 2014 and to
submit this plan to the Committee, the House Committee on
Homeland Security, and appropriate authorizing committees of
jurisdiction. This plan shall include a transition process,
organizational structure, budget structure, and spend plan
needed to establish the Office and should detail all
operational and administrative synergies and efficiencies
expected to be gained from consolidation. Moreover, the
Committee directs that the proposed budget for the Office
identify meaningful cost savings over the amounts recommended
for fiscal year 2013 by the Committee for the WMD defense
operations of DNDO and OHA.
The Secretary shall also take a more holistic approach
toward realignment by considering and describing any functions
proposed to be transferred into the new Office from elsewhere
in the Department to better align the WMD portfolio. The
Committee further directs that the Secretary's plan consider
and detail the impacts of realigning certain functions outside
of the new Office, such as DNDO's research and development
activities; DNDO's Standards, Testing, and Evaluation
functions; the National Technical Nuclear Forensics Center;
OHA's Workforce Health and Medical Support Division; OHA's
Food, Agriculture, and Veterinary Branch; OHA's Planning and
Exercise Support Branch; and OHA's State and Local Initiatives
Branch. In considering the impact of realigning certain
functions outside the new Office, the Secretary shall evaluate
whether functions are duplicative of activities carried out
within the Department or other Federal agencies.
Additionally, the Secretary shall provide a qualitative
assessment of the consolidation proposal, including whether and
how it satisfies the goals of improving WMD defense strategy,
coordination, and execution within DHS. If the Secretary
certifies that it does not meet these goals, the Secretary
shall also provide a detailed, alternative proposal to improve
WMD defense strategy, coordination, and execution across the
Department at the time the consolidation plan is submitted.
The Government Accountability Office (GAO) is directed to
review the Department's submission and provide an assessment of
whether and how proposed changes would improve DHS coordination
with the interagency on WMD defense issues. GAO shall work with
the Committee, the House Committee on Homeland Security, and
appropriate authorizing committees of jurisdiction to determine
an appropriate scope and timeframe for completing this
assessment.
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
The Committee is aware that the Department has a number of
Federally Funded Research and Development Centers (FFRDCs) that
it uses for assistance in procurement, research, and analytic
support. In order to better understand the value that FFRDCs
bring to the Department's operations and management, the
Committee directs the Department to submit, at the time it
presents its fiscal year 2014 budget, a report describing the
FFRDCs that the Department used in fiscal year 2012 and
proposes to use in fiscal year 2013, including a detailed
discussion of the nature of the FFRDC assistance and associated
funding for each of those fiscal years.
WORKING CAPITAL FUND
The Committee, as in prior years, directs the Department to
include a separate justification for the Working Capital Fund
(WCF) in the fiscal year 2014 budget request. This should
include a description of each activity funded by the WCF; the
basis for the pricing; the number of full-time Federal
employees funded in each activity; a list of each departmental
organization that is allocating funds to the activity; and the
funding each organization is providing in fiscal years 2012 and
2013, and projects to spend in 2014. If a project contained in
the WCF is a multi-year activity with a defined cost, scope,
and schedule, estimated costs and schedule shall be clearly
delineated.
The Committee expects all initiatives funded by multiple
DHS organizations to be included in the WCF. The Committee does
not support taxing departmental organizations for cross-cutting
initiatives outside the WCF. As such, the justification should
identify any cross-cutting initiatives or activities that
benefit more than one organization that are not included in the
WCF and should explain the omission.
The Committee directs the Department to notify it promptly
of any additions, deletions, or changes made to the WCF during
the fiscal year. Furthermore, the Department should not fund
any activities through the WCF that the House or Senate
Committees on Appropriations have disapproved either in report
language or in their responses to reprogramming requests.
TRAVEL
Travel by Department leadership and senior staff is
necessary when it supports critical Department missions,
advances national policy interests, or is for fundamental
oversight and management purposes. However, the Committee is
concerned that travel by some Department officials fails to
meet the test of being both necessary and efficient. This
includes the use for non-emergency travel of Departmental
assets, such as Coast Guard aircraft, to transport agency
officials for non-operational purposes. Indeed, the Committee
is concerned that expenditures on travel are far beyond what is
provided in law, which requires costs for use of government
aircraft for official travel by the Secretary and Deputy
Secretary to be paid from amounts made available for the
Immediate Offices of the Secretary and Deputy Secretary.
However, based on information provided by the Department in
hearing testimony, a significant amount of travel costs are
borne by the Coast Guard. The Committee expects the Department
to comply with the letter of the law; official travel funding
may not be augmented at the expense of operations.
The Committee, in order to gain better insight into the
appropriateness of DHS use of travel funding, therefore directs
the Department to provide a semi-annual briefing to the
Committee, with detailed emphasis on foreign travel and to
include in that briefing estimates of the cost of such travel
(to include the source of funding), destinations, and purposes.
BONUSES AND PERFORMANCE AWARDS
The Committee recognizes bonuses and other forms of
monetary awards for exemplary performance serve as important
tools in recognizing and motivating high-achieving agency
personnel. These bonuses can be a useful means to provide
positive feedback to agency personnel and to encourage all
employees to help the Department better execute its missions by
increasing productivity and employing creative ideas. However,
the Committee notes that for many Department components,
offices, and sub-offices, such awards, along with quality step
increases, are given to more than half the employees in an
organization--in some cases, reaching 90 percent or higher.
This gives the appearance that such incentive awards are being
used simply as another form of compensation in lieu of pay
increases, rather than as the intended award. Such broad use
may cause these awards to lose their value as a form of
recognition or incentive. The Committee, therefore, directs the
Secretary to submit a report no later than 90 days after the
date of enactment of this Act that: sets forth the standards
for such performance awards; shows how their use compares, in
terms of best personnel practices, with similar Federal
agencies; and clarifies that such awards have not become a
routine element of compensation, rather than something used in
cases of extraordinary or sustained high levels of performance.
RECEPTION AND REPRESENTATION ALLOWANCES
Within OSEM, the Committee recommends $45,000 for official
reception and representation expenses, $6,000 below the level
provided in fiscal year 2012. Within this total, $17,000 shall
be for international programs within the Office of Policy and
activities related to the visa waiver program. The Department
is directed to track its reception and representation expenses
in enough detail to explain how these funds were used as the
Committee conducts its oversight efforts next year. The
Committee expects the Department to review representation
allowances for all DHS agencies for equitable alignment of
funds with responsibilities and submit any proposed changes as
part of the fiscal year 2014 budget request.
CONFERENCES AND SPECIAL EVENTS
In light of recent actions exposed by the Inspector General
of the General Services Administration (GSA), and to enable
better oversight of expenditures during the current fiscal
climate, the Committee directs the Office of Inspector General
(OIG) to report to the Committee no later than 30 days after
the date of enactment of this Act as to whether the Department
has effective procedures in place to ensure compliance with all
applicable Federal laws and regulations on travel, conferences,
and employee awards programs. In this budget environment there
is an unquestioned need for fiscal restraint, and the
Government must move responsibly to reduce wasteful spending
and restore the faith of the American taxpayer.
The Committee includes a new general provision which
directs the head of each DHS agency, component, or office to
submit quarterly reports to OIG, outlining the full costs to
the Government of each event for which the Department expends
more than $20,000. Such events shall include: conferences;
ceremonies, including but not limited to those for
commissioning, de-commissioning, change of command, awards, and
recognition; and similar events held by the Department or
attended by Department personnel.
Each report submitted shall include, for every event
described above and held during the applicable quarter: (1) a
description of the subject of and number of participants
attending the event; (2) a detailed statement of the costs to
the Government relating to the event; (3) a description of the
contracting procedures relating to the event; (4) the
appropriation or other source of funding including name and
number of the budget accounts, and Programs, Projects and
Activities (PPAs), used to pay for the event; and (5) the
cumulative total of event spending for the fiscal year.
Furthermore, no later than 30 days after the end of fiscal
year 2013, OIG shall report to the Committee on the
Department's event-related spending, which shall substantiate
DHS compliance with all applicable laws and regulations and
describe in detail the total costs to the Government associated
with events. The report shall include the number of conferences
held, the amount of funds obligated, and expenses by
appropriation or other source of funding, including budget
accounts and PPAs used to pay for events.
NATIONAL OCEAN POLICY
The Committee understands that no funds are requested in
fiscal year 2013 for the implementation of the National Ocean
Policy. The Committee recommendation includes no funding for
this purpose. The Committee further notes that any funds
obligated in support of this policy are subject to the
notification requirements contained in this Act.
TWIC READER RULE
The Committee notes that no final rule on transportation
worker identification credential (TWIC) reader has yet been
issued, although such a rule was mandated under the Maritime
Transportation Security Act of 2002 (MTSA), as amended by the
SAFE Port Act of 2006, and a demonstration pilot of readers was
completed in May 2011. The Committee, as discussed in more
detail in the TSA and Coast Guard sections of this report, is
committed to seeing TWIC readers deployed so that the millions
of credentials now in use will no longer merely serve as a
``flash pass'' for visual inspection. The Committee directs the
Department, with Coast Guard and TSA, to take all necessary
action to expedite the completion and publication of a final
rule.
interagency and intra-agency communication and coordination
The Committee notes the persistent scrutiny of the Phoenix,
Arizona-based operation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives known as Fast and Furious that began in
the fall of 2009. The operation allowed thousands of firearms
to be purchased by suspected straw purchasers, purportedly to
link the purchases to drug trafficking organizations. Among
other consequences, firearms associated with this operation
have been found at crime scenes in the U.S. and Mexico,
including at the scene of the December, 2010 murder of U.S.
Border Patrol Agent Brian Terry, bringing the operation to a
halt. It has been indicated that ICE personnel were associated
with Operation Fast and Furious. Yet, the Secretary has
testified that, prior to the death of Agent Terry, she was
unaware of the operation. These facts raise concerns with both
intra-agency and inter-agency communication and coordination
when it comes to law enforcement activities on the border. The
Committee directs the Department to brief the Committee no
later than 30 days after the date of enactment of this Act on
actions or corrective measures the Department has taken to
ensure, in light of Operation Fast and Furious, that it remains
informed of Federal law enforcement operations that could
impact law enforcement and the public in border regions.
Office of the Under Secretary for Management
Appropriation, fiscal year 2012....................... $235,587,000
Budget request, fiscal year 2013...................... 221,771,000
Recommended in the bill............................... 213,128,000
Bill compared with:
Appropriation, fiscal year 2012................... -22,459,000
Budget request, fiscal year 2013.................. -8,643,000
MISSION
The Office of the Under Secretary for Management's primary
mission is to deliver quality administrative support services
for human resources and personnel; manage facilities, property,
equipment and other material resources; ensure safety, health
and environmental protection; and identify and track
performance measurements relating to the responsibilities of
the Department. This office is also charged with implementing a
mission support structure for DHS administrative services,
while eliminating redundancies and reducing support costs.
RECOMMENDATION
The Committee recommends $213,128,000 for USM, $8,643,000
below the amount requested and $22,459,000 below the amount
provided in fiscal year 2012. No funding is included for the
proposed fiscal year 2013 pay raise. Except as specified below,
other reductions were made to offset significant shortfalls in
the President's budget request for DHS due to (1) assumed
increases in aviation passenger fee collections that have yet
to be authorized and that are not in the jurisdiction of the
Committee on Appropriations, (2) a flawed budget request
regarding CBP's access to fee collections, and (3) failure to
comply with statutory requirements. In addition, the reductions
reflect Committee dissatisfaction with inconsistent or
incomplete responses by the Department to Committee requests
for information. In light of the Department's chronic delays in
submitting statutorily required reports and plans, the bill
withholds $124,325,000 from obligation until the Committee
receives all reports that are, by statute, required to be
submitted with or in conjunction with the fiscal year 2014
budget request.
The Committee has provided separate funding recommendations
in order to adequately track expenditures for each PPA, as
detailed in the following table:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Under Secretary for Management.... $3,112,000 $3,112,000
Office of the Chief Security 69,258,000 69,000,000
Officer..........................
Office of the Chief Procurement 73,176,000 65,700,000
Officer..........................
Office of the Chief Human Capital 35,660,000 35,556,000
Officer..........................
Office of the Chief Administrative 40,565,000 39,760,000
Officer..........................
-------------------------------------
Total, USM.................... $221,771,000 $213,128,000
------------------------------------------------------------------------
IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
The Committee recommends $3,112,000 for the Immediate
Office of the Under Secretary for Management, as requested. The
Committee is pleased with initiatives being pursued by the
Department to find ways in which components and administrative
elements can share assets and adopt best practices, including
acquisition of technology, procurement of services, and
collaboration on human resource management.
OFFICE OF THE CHIEF PROCUREMENT OFFICER
The Committee recommends $65,700,000 for the Office of the
Chief Procurement Officer, $7,476,000 below the amount
requested and $12,300,000 below the amount provided in fiscal
year 2012. This reflects a reduction of 10 percent in light of
the Department's failure to comply with the statutory
requirement to submit on time a comprehensive acquisition
report with quarterly updates. The Committee continues
statutory language in this section requiring such reports and
expects the Department will comply with those requirements,
both in meeting the content and the schedule requirements.
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER
The Committee recommends $39,760,000 for the Office of the
Chief Administrative Officer, $805,000 below the amount
requested and $5,940,000 below the amount provided in fiscal
year 2012. Within this total, the Committee includes
$5,448,000, as requested, for improvements and maintenance of
the Nebraska Avenue Complex, including perimeter fencing, and
to sustain current operations at the site. This remains
essential, given that there will be substantially less funding
available in fiscal year 2013, as noted below, for additional
consolidation of Departmental management and components.
DEPARTMENTAL HEADQUARTERS CONSOLIDATION
The Committee recommends no new construction funding in the
bill for new Departmental Headquarters Consolidation expansion.
This is $89,000,000 below the request. Funding is included, as
requested, as part of the Coast Guard appropriation to cover
the costs associated with completing the move of the Coast
Guard headquarters to St. Elizabeths. Associated with this, as
described below, is additional funding under Coast Guard
construction to ensure completion of the current project,
improve site access, and support analysis for follow on work
and any necessary planning adjustments for schedule, scope, and
cost.
The Committee supports efforts to optimize the housing and
operations of Department agencies and components in the capital
region, with between 14,000 and perhaps as many as 16,000 DHS
employees eventually to be located at the St. Elizabeths
complex in Washington, D.C., and a continuing requirement to
consolidate the 70 offices spread in 46 locations across the
region. The Committee acknowledges that the request was for
completion of transportation routes adjacent to and connecting
to the St. Elizabeths site; deferred funding for the phases two
and three of the current plan; and was intended to complete
necessary preparatory construction for later phases of
construction. Furthermore, the Committee also recognizes that
delays in this project have already led to significant cost and
schedule changes to the original plan. At this point, the
Committee understands that completion of the original plan
could cost as much as $4,000,000,000, over 15 percent higher
than the $3,400,000,000 estimated in fiscal year 2010. However,
given that this project has been funded through both DHS and
General Services Administration (GSA) appropriations--and GSA
does not request any funding in fiscal year 2013 for this
project--it has been difficult to project anything more than a
notional timeline for the project as a whole.
Nonetheless, notwithstanding the impact on current schedule
and cost estimates, the Committee finds it cannot fund the
requested construction costs proposed in fiscal year 2013,
given the need to compensate for shortfalls created by the
budget's reliance on unauthorized or inaccessible fee proposals
and costs not formally notified to the Committee through a
budget amendment.
The Committee understands that the Department, through USM,
is actively exploring options to creatively modify or
consolidate current leases, in the expectation that a permanent
headquarters construction site will be significantly delayed or
amended. The Committee encourages the Department to continue
this effort and to inform the Committee of its progress in
consolidation no later than 90 days after the date of enactment
of this Act, including a revised schedule and cost estimates.
Further, as noted above, the Committee includes $10,000,000
under the Coast Guard Acquisition, Construction, and
Improvements account to complete Phase 1 of construction,
ensure Coast Guard will be able to move in 2013 and that there
will be no obstacles to access and transportation into the
site, and to support orderly planning and analysis for the
overall project.
INSOURCING
The Committee is concerned with the Department's use of
insourcing as a cost savings and mission effectiveness tool.
The Department is directed to include within the President's
annual budget proposal a thorough justification of any
insourcing initiatives, to include a net present value
comparison of the life-cycle cost of a contracted position or
task to the cost of a Federalized FTE. The Department is also
directed to report no later than April 1, 2013, on the impacts
of the insourcing initiatives begun in fiscal years 2010 and
2011 in terms of cost savings and mission effectiveness, with
details on the data and methodology and metrics it used for the
analysis. The report shall also include an explanation of how
the Department will track the long-term impacts of its
insourcing initiatives.
buy american requirements
The Committee remains concerned about the Department's
interpretation and implementation of statutorily mandated Buy
American requirements. As part of the fiscal year 2014 budget
request, the Secretary shall submit a detailed analysis on how
the Department could comply with Title VI of Section 604 of
Public Law 111-5, as well as identify technical and statutory
challenges pertaining to compliance. In addition, the Secretary
shall ensure that the annual report to Congress required in
accordance with 41 U.S.C. 10b is submitted to the Committees on
Appropriations. This report details the amount of acquisitions
DHS makes from entities that manufacture articles, materials,
and supplies outside the U.S. and includes an itemized list of
the waivers granted with respect to articles, materials, and
supplies acquired under the Buy American Act.
ELECTRONIC FINGERPRINT COLLECTION
The Committee understands that ICE still utilizes paper
fingerprint cards rather than electronic capture for new
employees and contractors. It is unclear why such a requirement
would continue in light of Homeland Security Presidential
Directive-12 (HSPD-12) implementation. The Committee directs
the Chief Security Officer to brief the Committee no later than
60 days after the date of enactment of this Act on the use of
paper rather than electronic fingerprint collection by all DHS
components and to update the Committee on HSPD-12
implementation.
Office of the Chief Financial Officer
Appropriation, fiscal year 2012....................... $50,860,000
Budget request, fiscal year 2013...................... 55,414,000
Recommended in the bill............................... 49,743,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,117,000
Budget request, fiscal year 2013.................. -5,671,000
MISSION
The primary responsibilities and functions of the Office of
the Chief Financial Officer (CFO) include budget execution and
oversight; performance analysis and evaluation; oversight of
the Department's financial management system; oversight of the
Department's business and financial management systems across
all agencies and directorates; and oversight of credit card
programs and audit liaisons.
RECOMMENDATION
The Committee recommends $49,743,000 for the CFO,
$5,671,000 below the amount requested and $1,117,000 below the
amount provided in fiscal year 2012. As noted above, such
reductions are made to offset budget shortfalls created by
unauthorized user fee revenue assumptions, additional costs not
reflected in budget amendments, and in light of inconsistent
responses to the Committee's requests for information. In
addition, in light of the Department's chronic delays in
submitting statutorily required reports and plans, the bill
withholds $29,017,000 from obligation until the Committee
receives all reports and plans that are, by statute, required
to be submitted with or in conjunction with the fiscal year
2014 budget request.
FINANCIAL SYSTEMS MODERNIZATION
The Committee recognizes the importance of modernizing the
financial systems on which the Department and its components
rely and supports the efforts being led by the CFO to leverage
existing systems and prioritize efforts. The Committee,
therefore, directs the CFO to continue providing briefings to
the Committees on Appropriations on, at a minimum, a semi-
annual basis on its modernization efforts and highlight any
funding, schedule, or implementation issues that are relevant
to continued progress.
CONGRESSIONAL BUDGET JUSTIFICATIONS
The Committee directs the Department to submit all of its
fiscal year 2014 budget justifications on the first Monday in
February, 2013, concurrent with the official submission of the
President's budget to Congress. The detail should reflect the
requirements set forth under this heading in the statement of
managers accompanying Public Law 112-54, with the exception
that the references to prior-year funding information should
relate to fiscal years 2012 and 2013.
Consistent with section 874 of Public Law 107-296, the
Department shall submit a Future Years Homeland Security
Program budget as part for the fiscal year 2014 budget
justification, reflecting anticipated spending for fiscal years
2014-2018. It shall be in unclassified form so as to be
accessible to the public.
The Committee also directs that the Department ensure, for
all appropriations requested in fiscal year 2014, and for which
a proposal is made to increase or decrease funding for an
activity within a PPA category, that it informs the Committee
of the base funding level for such activity--and not simply the
total PPA funding.
UNREALISTIC BUDGETING PRACTICES
As in prior years, the President's budget once again
assumes that new revenue will be realized in the coming fiscal
year--in this case, the budget request was built upon
assumptions that $317,000,000 in new aviation security fee
revenue would be realized in fiscal year 2013, of which
$200,000,000 would go to general deficit reduction and with the
expectation that such collections would generate
$25,500,000,000 in new revenue in the next decade. However, as
in the past, the proposal depends on enactment of new
legislative authority that is outside the jurisdiction of the
Committee. The direct impact on the Department's budget in
fiscal year 2013, by Congressional Budget Office estimates, is
a shortfall of $115,000,000. As this Committee has underscored
repeatedly over the past several Congresses, such an approach
to budgeting is unrealistic and requires this Committee to take
drastic measures to offset the unnecessary gap. The Committee
reiterates its message--it rejects such budgetary legerdemain.
The consequences, in terms of additional reductions to
Department requests, are evident throughout this bill.
If and when such proposals are enacted into law, the
Committee will take them into account as it drafts legislation,
and the Department should keep the Committee informed of any
progress in this regard. However, until that occurs, such
proposals will not be treated as relevant to its appropriations
work.
MONTHLY REPORTING REQUIREMENTS
The Committee continues bill language requiring monthly
budget and staffing reports within 45 days after the close of
each month.
APPROPRIATIONS LIAISONS
The Committee established two liaison positions within the
CFO in the early years of the Department, based on the need to
ensure that it had clear and direct access to budgetary
information and could see that requests from the many
components and offices of the new Department were coordinated
at the departmental level. Initially, two positions were
designated, but in the intervening years the number of liaisons
has increased significantly. However, the Committee has found
the role of liaisons, and their value in supporting Committee
oversight and ensuring clear communications with the Department
and its components, to be uneven at best and frequently
counterproductive--either not facilitating information sharing
or, in some cases, creating another layer of review and delay.
The Committee notes that such positions are not formally
classified as such within the CFO organization. Therefore, the
Committee advises that it does not regard such formal positions
as necessary and does not require CFO to operate as an
intermediary between the Committee and other DHS entities. The
CFO shall, as appropriate, fulfill its role in ensuring the
integrity of the Department's financial execution, reporting,
and budget formulation, but the Committee expects to hear from
relevant components on their areas of responsibility directly.
The DHS Budget Officer shall serve as the Committee's
primary point of contact for Departmental and cross-cutting
interagency issues related to budget formulation and execution.
Agency and component Chief Financial Officers and Budget
Officers shall serve as the Committee's primary points of
contact for those agencies and components.
Office of the Chief Information Officer
Appropriation, fiscal year 2012....................... $257,300,000
Budget request, fiscal year 2013...................... 312,643,000
Recommended in the bill............................... 241,543,000
Bill compared with:
Appropriation, fiscal year 2012................... -15,757,000
Budget request, fiscal year 2013.................. -71,100,000
MISSION
The Chief Information Officer (CIO) has oversight of
information technology (IT) projects in the Department. The CIO
reviews and approves all DHS IT acquisitions estimated to cost
over $2,500,000 and also approves the hiring and oversees the
performance of all DHS component CIOs.
RECOMMENDATION
The Committee recommends $241,543,000 for the Office of the
CIO, $71,100,000 below the amount requested and $15,757,000
below the amount provided in fiscal year 2012.
The bill continues a requirement for a multi-year
investment plan for the Department's information technology
funding within a separate general provision.
A comparison of the budget request to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Salaries and Expenses............. $120,670,000 $116,870,000
Information Technology Services... 28,002,000 27,202,000
Infrastructure and Security 121,839,000 55,339,000
Activities.......................
Homeland Security Data Network.... 42,132,000 42,132,000
-------------------------------------
Total, Chief Information $312,643,000 $241,543,000
Officer......................
------------------------------------------------------------------------
SALARIES AND EXPENSES
The Committee recommends $116,870,000 for Salaries and
Expenses, $3,800,000 below the amount requested and $11,370,000
above the amount provided in fiscal year 2012, reflecting no
funding for a 2013 pay raise and additional reductions to
offset significant shortfalls in the President's budget request
for DHS due to (1) assumed increases in aviation passenger fee
collections that have yet to be authorized and that are not in
the jurisdiction of the Committee on Appropriations, (2) a
flawed budget request regarding CBP's access to fee
collections, and (3) a failure to comply with statutory
requirements.
INFORMATION TECHNOLOGY SERVICES
The Committee recommends $27,202,000 for Information
Technology Services, $800,000 below the request and $11,598,000
below the amount provided in fiscal year 2012, reflecting
offsets for significant shortfalls in the President's budget
request for DHS due to (1) assumed increases in aviation
passenger fee collections that have yet to be authorized and
that are not in the jurisdiction of the Committee on
Appropriations, (2) a flawed budget request regarding CBP's
access to fee collections, and (3) a failure to comply with
statutory requirements.
INFRASTRUCTURE AND SECURITY ACTIVITIES
The Committee recommends $55,339,000 for Security
Activities, $66,500,000 below the request and $13,661,000 below
the amount provided in fiscal year 2012, reflecting no funding
for data center migration and offsets for significant
shortfalls in the President's budget request for DHS due to (1)
assumed increases in aviation passenger fee collections that
have yet to be authorized and that are not in the jurisdiction
of the Committee on Appropriations, (2) a flawed budget request
regarding CBP's access to fee collection, and (3) failure to
comply with statutory requirements.
The Committee remains concerned about the security
vulnerabilities posed by ``insider threats'' and last year
directed the Department to provide a detailed, cross-component
briefing on the matter. The CIO shall keep the Committee
informed of any new developments in its efforts to mitigate the
likelihood and danger of such threats.
DATA CENTER MIGRATION
This year, the Administration requested a total of
$64,797,000 to pay for the migration of component resources to
the Department's two consolidated data centers. While the
Committee supports such migration as necessary to reduce IT
costs, risk, and to rationalize the operations of the
Department, this additional investment has been forgone due to
the need to offset significant shortfalls in the President's
budget request for DHS due to (1) assumed increases in aviation
passenger fee collections that have yet to be authorized and
that are not in the jurisdiction of the Committee on
Appropriations, (2) a flawed budget request regarding CBP's
access to fee collections, and (3) failure to comply with
statutory requirements. The Committee directs the Department to
continue to brief the Committees quarterly on the status of
data center migration and to develop a plan to implement
continued migration in fiscal year 2014.
Analysis and Operations
Appropriation, fiscal year 2012....................... $338,068,000
Budget request, fiscal year 2013...................... 321,982,000
Recommended in the bill............................... 317,400,000
Bill compared with:
Appropriation, fiscal year 2012................... -20,668,000
Budget request, fiscal year 2013.................. -4,582,000
MISSION
Analysis and Operations (A&O) houses the Office of
Intelligence and Analysis and the Directorate of Operations
Coordination, which together collect, evaluate, and disseminate
intelligence information, as well as provide incident
management and operational coordination.
RECOMMENDATION
The Committee recommends $317,400,000 for A&O, $4,582,000
below the amount requested and $20,668,000 below the amount
provided in fiscal year 2012. The Committee denies the
requested pay raise for civilian government employees, denies
the requested increase in executive service salaries for the
Office of Operations Coordination and Planning, and denies the
requested increase in funding associated with the Air Domain
Intelligence Integration Element. The Committee also denies the
requested decrease to Cybersecurity Analysis and restores
funding for this function. Additional direction on funding for
this appropriation is included within the classified annex
accompanying this report.
CLASSIFIED PROGRAMS
Recommended adjustments to classified programs and more
detailed oversight of funding for the Office of Intelligence
and Analysis are addressed in a classified annex accompanying
this report.
Office of Inspector General
Appropriation, fiscal year 2012\1\.................... $117,000,000
Budget request, fiscal year 2013...................... 143,664,000
Recommended in the bill\1\............................ 109,264,000
Bill compared with:
Appropriation, fiscal year 2012................... -$7,736,000
Budget request, fiscal year 2013.................. -34,400,000\1\Excludes a $24,000,000 transfer from the Disaster Relief Fund.
MISSION
The Homeland Security Act of 2002 established an Office of
Inspector General (OIG) in DHS by amendment to the Inspector
General Act of 1978. This office was established to provide an
objective and independent organization that would be effective
in: (1) preventing and detecting fraud, waste, and abuse in
departmental programs and operations; (2) providing a means for
keeping the Secretary and the Congress fully and currently
informed of problems and deficiencies in the administration of
programs and operations; (3) fulfilling statutory
responsibilities for the annual audit of the Department's
financial statements; (4) ensuring the security of DHS
information technology pursuant to the Federal Information
Security Management Act; and (5) reviewing and making
recommendations regarding existing and proposed legislation and
regulations to the Department's programs and operational
components. According to the authorizing legislation, the
Inspector General is to report dually to the Secretary of
Homeland Security and to the Congress.
RECOMMENDATION
The Committee recommends $109,264,000 for OIG, $34,400,000
below the budget request and $7,736,000 below the amount
provided in fiscal year 2012. The Committee will continue the
practice of transferring $24,000,000 from the Disaster Relief
Fund (DRF) to OIG in fiscal year 2013 in light of OIG's work to
conduct disaster-related audits and investigations. The OIG
shall submit a plan for expenditure of all funds no later than
30 days after the date of enactment of this Act and to include
DRF transfers in the CFO's monthly budget execution reports
submitted to the Committees, which shall satisfy the
requirements for notification of DRF transfers under section
503 of this bill.
The reduction in funding from the OIG core budget request
includes a reduction of $400,000, reflecting no additional
funding for a fiscal year 2013 pay raise. In addition, the
Committee reduces funding by $10,000,000 to reflect
dissatisfaction with the quality of communication with the
Committee with regard to border corruption investigations, and
in particular, issues with coordinating these with ICE and CBP.
The Committee directs OIG to submit, no later than 30 days
after the date of enactment of this Act, a plan for expenditure
of integrity oversight funds in coordination with CBP and ICE,
which shall be submitted along with its overall expenditure
plan. The Committee also directs OIG to provide semiannual
briefings on the status of efforts to improve its own
investigative operations.
MANAGEMENT AND EFFICIENCY OVERSIGHT
The Committee strongly supports efforts by OIG to identify
and correct instances of fraud and waste affecting Departmental
activities, and therefore directs OIG to provide a semiannual
briefing to the Committees on Appropriations updating them on
such efforts, with particular focus on procurement, grant
administration, and travel.
CONFERENCES AND SPECIAL EVENTS
As noted above in the OSEM section of this report, the
Committee has included a new general provision that requires
OIG to report to the Committees no later than 30 days after the
end of fiscal year 2013 on DHS spending on conferences,
ceremonies, and similar events, based on quarterly reporting to
OIG. The report shall substantiate DHS compliance with all
applicable laws and regulations and describe in detail the
total costs to the Government associated with events. It shall
include the number of conferences held, the amount of funds
obligated, and expenses by appropriation or other source of
funding, including budget accounts and subaccounts used to pay
for events.
OIG REVIEW AND REPORTING REQUIREMENTS
The Committee has identified other OIG review and reporting
requirements in other sections of the report and bill,
including: review of 287(g) agreements; inspections of TSA
screening; an assessment of adjudication by United States
Citizenship and Immigration Services; and a general provision
for OIG to audit contracts DHS awards on a noncompetitive
basis.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
Appropriation, fiscal year 2012....................... $8,680,118,000
Budget estimate, fiscal year 2013..................... 9,010,581,000
Recommended in the bill............................... 8,366,024,000
Bill compared with:
Appropriation, fiscal year 2012................... -314,094,000
Budget estimate, fiscal year 2013................. -644,557,000
MISSION
The mission of U.S. Customs and Border Protection (CBP) is
to protect the borders of the United States by preventing,
preempting, and deterring threats against the Homeland through
ports of entry and by interdicting illegal crossings between
ports of entry. CBP's mission integrates homeland security,
safety, and border management to ensure that goods and persons
cross U.S. borders in accordance with applicable laws and
regulations, and pose no threat to the country. The priority of
CBP is to prevent terrorists and their weapons from entering
the United States, and to support related homeland security
missions affecting border and airspace security. CBP is also
responsible for apprehending individuals attempting to enter
the United States illegally; stemming the flow of illegal drugs
and other contraband, including weapons and bulk cash into and
out of the country; protecting U.S. agricultural and economic
interests from harmful pests and diseases; protecting American
businesses from theft of their intellectual property;
regulating and facilitating international trade; collecting
import duties; and enforcing U.S. trade laws. CBP maintains a
workforce of more than 60,000, including CBP officers, Air
Interdiction agents, Marine Interdiction agents, canine
enforcement officers, Border Patrol agents, Agriculture
Specialists, trade specialists, intelligence analysts, and
mission support staff.
RECOMMENDATION
The Committee recommends $8,366,024,000 for Salaries and
Expenses, $644,557,000 below the amount requested and
$314,094,000 below the amount provided in fiscal year 2012. The
reduction to the request reflects: (1) the Committee's denial
of the full transfer of US-VISIT to CBP for a total reduction
related to the request of $249,239,000; (2) the realignment of
$374,716,000 for the Office of Information and Technology (OIT)
from Salaries and Expenses to Automation Modernization; and (3)
the realignment of $8,000,000 from Salaries and Expenses to ICE
for detainee medical costs. The rationale for these adjustments
is explained further below. Supporting frontline operations and
maintaining staffing levels is the Committee's top priority.
Additionally, the recommendation includes a number of targeted
increases to CBP operations.
This recommendation denies the proposed pay raise for a
reduction across the account of $25,572,000. The Committee also
includes cuts to the Offices of the Commissioner, Chief
Counsel, Congressional Affairs, and Administration for failure
to submit statutorily required reports and to be responsive to
the Committee's repeated requests for information necessary to
ensure appropriate oversight. For example, CBP failed to
provide any questions for the record more than six weeks after
receipt of the questions. Additionally, the bill withholds
funds from Salaries and Expenses until the Commissioner submits
the multi-year investment and management plans required with
the fiscal year 2014 budget request.
The recommendation also restructures the Headquarters
Management and Administration PPAs to provide greater
visibility into and accountability for CBP's expenditures. The
new PPA structure is provided below in the table. The Offices
of the Commissioner, Chief Counsel, Congressional Affairs,
Internal Affairs, Public Affairs, and Administration are funded
in their respective PPAs. The Administration PPA also includes
the Office of Human Resource Management and Working Capital
Fund. In the fiscal year 2014 request, CBP shall distribute the
Working Capital Fund expenditures among the PPAs as appropriate
to reflect the actual costs to each CBP office.
The Offices of Trade and International Affairs do not
appear in the new PPAs, as they are funded within the Border
Security Inspections and Trade Facilitation PPAs with the
Office of Field Operations (OFO). Specifically, the Office of
Trade shall be funded from the Inspections, Trade, and Travel
Facilitation at Ports of Entry PPA; and the Office of
International Affairs shall be funded primarily from the Other
International Programs PPA with some funds remaining in the
International Cargo Screening PPA. In addition to funding
included within its PPA, the Office of Intelligence/
Investigative Liaison is partially funded out of the Automated
Targeting Systems PPA. OIT is funded for its activities in the
Automated Targeting Systems and Inspection and Detection
Technology Investments PPAs, in addition to the funds in the
Automation Modernization account. The Office of Training and
Development is funded in its PPA as well as the Training PPAs
under Border Security Inspections and Trade Facilitation and
Border Security and Control between the POEs.
The Office of Border Patrol and the Joint Field Command are
fully funded within the Border Security and Control PPA. No
funds are included for the Joint Operations Division created by
CBP last year.
Border Security Inspections and Trade Facilitation is
funded at $3,044,490,000, including $70,000,000 largely to fill
the shortfall created by the flawed budget request regarding
CBP access to fee revenues (discussed further below);
$5,747,000 for prior year annualization of CBP officer staffing
enhancements; $14,076,000 for annualization of CBP officer
staff for new ports of entry and enhanced operations;
$10,000,000 as requested for enhancing intellectual property
rights enforcement efforts; $13,032,000 to re-baseline the
Container Security Initiative; realignment of funds to the
Other International Programs PPA from International Cargo
Screening; and consolidation of funds into the Automated
Targeting Systems and National Targeting Center PPAs to more
fully display the costs of those activities. The Committee
expects CBP to maintain no less than 21,186 CBP officers.
Border Security and Control between Ports of Entry is
funded at $3,605,732,000, which reflects an $8,000,000 decrease
to move responsibility for detainee medical costs to ICE. This
level continues to support a Border Patrol agent force of
21,370 (compared to 12,349 in fiscal year 2006), including
2,212 deployed to the Northern border and 18,415 deployed to
the Southwest border.
Air and Marine Operations are funded at $284,530,000, which
includes an increase of $5,940,000 to restore pilots and other
operational personnel cut in the budget request; a reduction of
$805,000 denied for the Joint Operations Division; and a
reduction of $368,000 to consolidate support for the Joint
Field Command in the Border Security and Control PPA.
A comparison of the budget estimate to the Committee
recommended level by program, project, and activity (PPA) is as
follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Headquarters, Management, and
Administration:
Border Security Inspections $601,414,000 - - -
and Trade Facilitation.......
Border Security and Control 665,646,000 - - -
between Ports of Entry.......
Commissioner.................. - - - $16,442,000
Chief Counsel................. - - - 39,414,000
Congressional Affairs......... - - - 2,060,000
Internal Affairs.............. - - - 154,108,000
Public Affairs................ - - - 12,563,000
Training and Development...... - - - 78,721,000
Tech, Innovation, Acquisition. - - - 25,704,000
Intelligence/Investigative - - - 69,426,000
Liaison......................
Administration................ - - - 417,963,000
Rent.......................... 614,871,000 614,871,000
-------------------------------------
Subtotal, Headquarters 1,881,931,000 1,431,272,000
Management and
Administration...........
Border Security Inspections and
Trade Facilitation:
Inspections, Trade, and Travel 2,480,674,000 2,554,326,000
Facilitation at Ports of
Entry........................
Harbor Maintenance Fee 3,285,000 3,274,000
Collection (Trust Fund)......
International Cargo Screening. 71,534,000 71,396,000
Other international programs.. 27,084,000 27,017,000
Customs-Trade Partnership 40,082,000 43,979,000
Against Terrorism............
Trusted Traveler Programs..... 6,311,000 10,311,000
Inspection and Detection 117,575,000 117,565,000
Technology Investments.......
Automated Targeting Systems... 113,826,000 113,820,000
National Targeting Center..... 65,127,000 67,956,000
Training...................... 34,860,000 34,846,000
-------------------------------------
Subtotal, Border Security 2,960,358,000 3,044,490,000
Inspections and Trade
Facilitation.............
Border Security and Control
between Ports of Entry:
Border Security and Control... 3,551,840,000 3,531,793,000
Training...................... 74,110,000 73,939,000
-------------------------------------
Subtotal, Border Security 3,625,950,000 3,605,732,000
and Control between POEs.
Air and Marine Operations......... 280,819,000 284,530,000
US-VISIT.......................... 261,523,000 - - -
-------------------------------------
Total, CBP Salaries $9,010,581,000 $8,366,024,000
and Expenses.........
------------------------------------------------------------------------
CONGRESSIONAL BUDGET JUSTIFICATION
The quality of the Congressional Budget Justification
material provided by the Department for CBP accounts continues
to be of concern, despite some minor improvements in the fiscal
year 2013 materials. CBP, in conjunction with the Chief
Financial officer, is encouraged to work with the Committee in
ensuring the Congressional Budget Justification materials
provide accurate, detailed information upon which to assess the
request.
FEE SHORTFALLS AND BUDGET GIMMICKS
Despite knowledge to the contrary, the President's budget
request assumes that CBP has access to $110,000,000 in fee
revenues pursuant to the Colombia Free Trade Agreement's
elimination of certain exemptions to the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA) fees. However, the
fees are not accessible to CBP; therefore, the budget request
again relies upon a budget gimmick, leaving the Committee with
a critical operational shortfall of $110,000,000. Further, the
shortfall persists annually until fiscal year 2022. As a
result, the bill includes a general provision directing the
Department, in coordination with the Office of Management and
Budget, to include access to these fees in the fiscal year 2014
budget request and beyond, with appropriate offsets.
The Committee expects DHS to submit an appropriate and
adequate reprogramming request to address the $83,000,000
shortfall in the current fiscal year as a result of the same
failure by the Administration to realize the funds are
inaccessible. The Committee also expects the Administration to
provide a budget amendment to address the shortfall in its
fiscal year 2013 request of $110,000,000. As the Committee has
not yet received that budget amendment, the Committee includes
an increase in appropriated funds for OFO of $70,000,000,
offset by reductions to CBP headquarters offices, to largely
address the shortfall. To fill the remaining $40,000,000 gap,
the Committee relies upon CBP's increasing fee revenues. It is
unacceptable that the Administration continues to put the
Committee in the position of having to make up fee shortfalls
by providing appropriations--further squeezing the Department's
allocation. The Committee will not likely be able to do so
beyond fiscal year 2013.
Compounding the issues outlined above, CBP has not
demonstrated the ability to manage fluctuations in fee funding
levels. Given that approximately 37 percent of CBP officers are
funded by user fees, the failure to properly project and manage
these fees has a significant operational impact--not only on
CBP but on the traveling public and on our national security
posture. While CBP has considered submitting legislative
proposals for changes to their fee collections, a thoughtful,
thorough approach has not been proposed with a concerted effort
to implement changes. Given these issues, the Committee is
concerned that CBP has failed to manage and forecast these
funds effectively despite current budget pressures, thereby
increasing the operational challenges CBP faces in an already
constrained environment.
To address these failures and to assist the Committee in
its oversight, the Committee directs the Commissioner of CBP to
refine and independently validate the assumptions used to
forecast the user fee revenue in order to more accurately
project such revenue; to reassess the appropriate carryover for
each user fee account and independently validate the rationale
for required carryover and the parameters for accessing
carryover funds; and to establish policies for how fee funds
are budgeted and executed in relation to appropriated funds
requested for OFO activities. The OFO shall participate in all
aspects of this effort. The COBRA and Immigration Inspection
User Fees should be prioritized in this effort.
CBP shall brief the Committee no later than 60 days after
the date of enactment of this Act on its project plan and
milestones for this effort. CBP shall report to the Committee
no later than 270 days after the date of enactment of this Act
on its findings and policies related to projecting fee
collections; determining and maintaining carryover balances;
budgeting for fee collections; and establishing the
relationship of fee funds to appropriated funds. The report
shall delineate any changes made to prior policies as a result
of this review. Additionally, the Committee directs CBP to
provide in the budget request its forecast of fee revenues for
four fiscal years rather than merely three. For example, the
fiscal year 2014 request shall include actuals for fiscal year
2012, estimates for fiscal year 2013, and projections for
fiscal years 2014 and 2015.
Furthermore, the Committee is concerned that CBP's user fee
management and projections are not available to CBP's
stakeholders both internally and externally. To improve
transparency and credibility, the Committee directs CBP to make
available on its website, and in the Federal Register,
information on its fee projections, the cost of inspections,
and its use of fee funds to offset the cost of inspections by
mode and by other appropriate break outs. The Committee urges
CBP to reconstitute its Airport and Seaport User Fee Advisory
Committee to collaborate and discuss with stakeholders, on at
least a semi-annual basis, the processes for setting,
collecting, managing, and forecasting CBP user fees.
FEE BALANCES
In a report (GAO-11-318SP), the Government Accountability
Office (GAO) identified what appeared to be $639,400,000 in
unobligated fee balances that could potentially be used by CBP
to address operational shortfalls. Unfortunately, it does not
appear that these funds are accessible to CBP. No later than
January 30, 2013 the Committee directs CBP to report on the
final determination regarding the availability of these funds
and the path for eliminating them from CBP's books.
PORT OF ENTRY OPERATIONS--MANPOWER AND INNOVATION
As the Committee has not yet received the CBP workload
staffing allocation model, the Committee cannot assess CBP's
identified needs. While the Committee is prepared to consider
well-documented operational staffing increase proposals, the
Committee continues to press CBP to innovate and move its
operations in a less manpower-intensive direction. The
Committee recommends that CBP continue to consider the
following: (1) re-engineering port of entry processes to
automate more administrative tasks and focus staff on core
operational activities, such as fully implementing the Land
Border Initiative (LBI) and new automated pedestrian processing
procedures; (2) further segmenting travelers and cargo by risk
and facilitating the entry of lower risk traffic by expanding
and improving the targeting capabilities in ATS for
pedestrians, passenger vehicles, trucks, and air and sea
passengers; (3) expanding the use of staffing workload
alignment tool to additional airports in order to better
anticipate short-term staffing demands and reduce wait times at
primary inspection areas; (4) exploring public-private
partnerships to facilitate trade and travel; (5) facilitating
the entry of lower risk traffic by strengthening and expanding
registered traveler programs, including the Global Entry and
Free and Secure Trade (FAST) programs; and (6) identifying
areas where technology investments could increase CBP officer
efficiency or better utilize available staffing.
Further, the Committee notes that trade and travel patterns
change over time and that may mean increased volume through
particular ports of entry with seasonal or limited traffic
today. As such, the Committee directs CBP to work closely with
the full-range of stakeholders at each port of entry to
anticipate such changes and ensure appropriate staffing is
available as traffic changes. The Committee notes that the
workload staffing allocation model should have inputs to take
this into account. Since CBP has not yet submitted the model,
the Committee directs CBP to brief the Committee no later than
90 days after the date of enactment of this Act on anticipated
traffic flows at land ports of entry and how staffing will be
reallocated to accommodate those changes.
GLOBAL ENTRY
The Committee is pleased to see the Global Entry program
transition from a successful pilot to a permanent trusted
traveler program. The Committee encourages CBP to continue to
increase individual enrollment as well as the number of nations
eligible to participate in the program. This will allow greater
numbers of very low-risk travelers to efficiently move through
security screening and give CBP personnel the ability to put
greater focus on higher-risk travelers. The Committee
encourages DHS to integrate trusted traveler programs to the
extent practicable by moving to a standardized, single
application for personal information. To increase
participation, CBP should partner with the Department of State
so that passport applicants also receive a trusted traveler
application form, and continually update the trusted traveler
application form to make it user-friendly. In order to
facilitate expansion of Global Entry, the Committee recommends
an additional $4,000,000 above the request to purchase, deploy,
and manage approximately 100 additional kiosks and commence a
targeted marketing campaign to boost enrollment. CBP shall also
ensure that enrollment locations have adequate staffing to
facilitate timely in-person biometric collection and
interviews.
WAIT TIMES
The Committee continues to be interested in monitoring CBP
processing times. Beginning no later than January 30, 2013 and
on a quarterly basis thereafter, CBP is directed to brief the
Committee on the number of passenger arrivals at air and sea
ports of entry for which the immigration and customs processing
time exceeds 60 minutes. The Committee also directs CBP to
include on its website wait time information for air, land, and
sea ports of entry.
Additionally, the Committee directs CBP to work with
appropriate stakeholders at each port to share methodology for
wait time data. The Committee believes CBP has made significant
progress in collecting and reporting wait time information, but
CBP should be more open in sharing data and methodology with
stakeholders to improve processes collaboratively and reduce
wait times. This is particularly critical at major airports
experiencing challenges, including Newark Liberty, Hartsfield-
Jackson Atlanta, Los Angeles, and John F. Kennedy International
Airports.
CARGO SECURITY STRATEGY AND INSPECTING HIGH RISK CARGO OVERSEAS
In 2002, CBP launched several bold initiatives as part of a
comprehensive, layered approach to securing the international
supply chain, particularly for containerized cargo bound for
the United States. While the vision has not been fully
realized, it remains a solid approach upon which CBP can
continue to build. The approach starts with advance information
about the cargo and the entities and individuals involved in
moving that cargo as early in the supply chain as possible. A
series of regulations and voluntary efforts have resulted in
continued enhancement to the quality and timeliness of the
data. CBP then screens 100 percent of the cargo through
advanced targeting techniques to assess risk. In order to scan,
examine, or otherwise inspect high-risk cargo before it arrives
in a U.S. port, CBP deployed officers to more than 58 foreign
ports through the Container Security Initiative (CSI). In some
cases, CSI has enabled CBP to deepen its relationships with
foreign partners, going beyond merely a promise to inspect
high-risk cargo, to create joint targeting regimes and share
valuable information to which the U.S. Government does not have
access. Once cargo reaches the United States, it passes through
radiation detection technology and may be subject to scanning
by non-intrusive inspection equipment or more rigorous
inspection.
Through C-TPAT, CBP works with industry to reach into the
supply chain from the point of origin and institute tighter
security measures throughout the international supply chain.
CBP conducts audits of participating companies to ensure they
meet the rigorous standards instituted. Further, CBP has
encouraged foreign partners to institute similar programs and
to establish mutual recognition of the programs to provide
participants with more tangible benefits. The U.S. Government
also worked extensively with international organizations,
particularly the International Maritime Organization and the
World Customs Organization, to significantly raise
international standards for security.
The Committee supports this approach and appreciates that
the fiscal year 2013 budget requests adequate funds for the CSI
program for the first time in several years. The Committee
remains concerned about whether the personnel deployed through
CSI have the right skills and training to most effectively
represent U.S. interests. Therefore, the Committee directs CBP
to brief the Committee on its plan for ensuring that CSI staff
have suitable diplomatic, cultural, and language skills, as
well as the appropriate knowledge and training to meet program
goals.
The request proposes a cut to C-TPAT that will reduce the
number of audits CBP conducts causing a potentially significant
denigration in security at a time when CBP and industry are
attempting to bolster the program's benefits and participation.
For that reason, the Committee recommends an additional
$4,000,000 to address that shortfall. Further, the Committee
directs CBP to expand C-TPAT participation, continue working
with participants to find ways to provide real benefits, and
continue efforts with interagency partners to streamline entry
and inspection processes. In no way, however, does this suggest
that CBP or other agencies eliminate random inspections or
reduce inspection of goods due to targeting activities.
The Committee has strongly supported CBP's advance
information collection and targeting efforts. However, the
Committee notes that CBP's data collection and targeting
efforts have not been as robust in export enforcement and
encourages more activity in this area. Such activity would
enhance counter proliferation capabilities and would bolster
opportunities for partnership with foreign governments on
supply chain security. Further, the Committee encourages CBP to
ensure a strong U.S. presence at the World Customs
Organization.
The Committee notes that the request does not include funds
for implementation of 100 percent scanning and that the
Secretary has already announced a two-year extension of the
implementation deadline of July 1, 2012 pursuant to the 9/11
Act. The cost implications, according to the Department, are
substantial. DHS equipment costs alone would be about
$8,000,000 for every one of the 2,100 shipping lanes at the
more than 700 ports that ship to the United States. Further,
the Secretary has consistently and repeatedly asserted the
challenges with the 100 percent scanning mandate, and has even
called for statutory changes. On February 25, 2012 before the
House Committee on Homeland Security, the Secretary stated:
. . . the goal, of course, is to prevent harmful
material from entering the United States. What we don't
have is agreement as to whether 100 percent scanning is
the best way to achieve that, or whether [it] is even
feasible from a diplomatic and logistics point of view.
It's my conclusion that it is not currently feasible,
but there are other ways that get us to the same place
. . . we'd be happy to work with the Committee on some
of this. My current intent will be to extend the
deadline that presently is in statute.
Based on the Secretary's statements that current law is
cost-prohibitive, the Committee looks forward to seeing the
Secretary develop and propose a meaningful alternative to 100
percent scanning.
TRADE FACILITATION AND INTERAGENCY COOPERATION
The Committee appreciates CBP's continued efforts to work
with the trade community in facilitating the secure movement of
cargo and encourages CBP's cooperative efforts with other
agencies toward that same end. In particular, the Committee
directs CBP to continue to work with the U.S. Food and Drug
Administration and the Consumer Products Safety Commission to
provide the trade with clear guidelines of what constitutes
low-risk shipments. This could include the concept of a
certified importer program. In no way, however, does this
suggest that CBP or other agencies eliminate random inspections
or reduce inspection of goods due to targeting activities. Any
new pilot project or program to promote efficient movement of
trade must include a rigorous compliance review component,
including audits. CBP is required to brief the Committee no
later than December 1, 2012 on its efforts.
In a related initiative, CBP launched two Centers of
Excellence and Expertise (CEE) in fiscal year 2012 to focus its
expertise, trade enforcement, and trade facilitation efforts on
particular commodities and industries. These were in the
Information Technology & Consumer Electronics and
Pharmaceuticals, Health & Chemicals industries. The fiscal year
2013 request proposes a $3,000,000 increase to expand this
concept to additional industries. While the Committee supports
that request, the Committee is interested in seeing the results
associated with CBP's deployment of these CEEs and directs CBP
to brief the Committee no later than December 1, 2012.
OUTBOUND INSPECTIONS
As the Committee noted last year, CBP has devoted
substantial resources from its base, as well as supplemental
funds provided by Congress, to conduct outbound inspections
along the Southwest border. The Committee directs CBP to assess
the effectiveness of outbound operations considering the costs
dedicated to these activities, develop a workforce staffing
model for outbound operations, and brief the Committee no later
than September 1, 2012 on the new normal for outbound
operations.
INSPECTION AND DETECTION TECHNOLOGY
The Committee includes $117,565,000 for Inspection and
Detection Technology, as requested, except for a reduction
associated with the pay raise. The Committee is concerned that
CBP has not yet submitted the multi-year investment and
management plan required by law for investments and operations
of radiation detection equipment and non-intrusive inspection
systems. Further, the request does not reflect any plan to
address replacement of assets approaching the end of their
lifecycles. While this is not necessarily a fiscal year 2013
issue, it is definitely an issue in the out-years. CBP
operations have come to rely upon these technologies in its
layered approach to effective cargo security and to scan
containers entering the United States for radiation. The bill
withholds funds from Salaries and Expenses until the
Commissioner submits an updated multi-year investment and
management plan required with the fiscal year 2014 budget
request.
AUTOMATED TARGETING SYSTEMS
The Committee includes $113,820,000 for ATS, as requested,
except for a reduction associated with the pay raise. It is
critical that CBP continue its enhancements to ATS, one of our
Nation's most effective tools to counter terrorist travel and
identify risky, illicit activity in the global trade and travel
systems. The Committee directs CBP to brief the Committee on a
quarterly basis regarding its progress on enhancements and
resulting operational successes.
As directed, CBP fully funded the request for ATS in this
PPA. However, CBP still has not submitted plans required to
provide visibility into CBP's information technology
investments and operations. CBP is again required to provide a
detailed accounting of funds executed by the Targeting Analysis
Systems Project Office within OIT from all accounts in fiscal
year 2011, estimated for fiscal year 2012, and proposed for
fiscal year 2013 broken out by the programs, projects, and
activities under which they fall, in a briefing to the
Committee no later than October 1, 2012. CBP shall include an
annual update of this information with the President's budget
request.
NATIONAL TARGETING CENTER
The Committee recommends $67,956,000 for the National
Targeting Center (NTC), an amount that reflects a reduction
associated with the pay raise and includes an increase of
$3,000,000 for CBP's role in pre-adjudication vetting of visa
applicants. The Committee has a long history of supporting
efforts to enhance the security of the visa process and urges
the Department to request adequate funds for CBP and ICE to
screen visa applicants at the NTC with the assistance and
participation of the Department of State. Further, the
Committee encourages these interagency partners to assess the
screening systems used in the vetting of visa applicants and
holders to eliminate duplication of effort while ensuring
thorough vetting, facilitating legitimate travel, and
safeguarding U.S. national security interests.
US-VISIT
The Committee denies the proposed transfer of US-VISIT for
a total of $261,523,000. However, the Committee recommends a
transfer of $12,284,000 from US-VISIT to OFO in the
Inspections, Trade, and Travel Facilitation at POEs PPA. This
amount represents US-VISIT program management and planning
efforts associated with entry-exit policy and operations.
OFO is the mission owner for the policy and operations
associated with processing legitimate travelers into and out of
the country. As such, OFO is responsible for collection of
information, including biometrics, from appropriate individuals
as part of its processing. While that information resides in
the Automated Biometric Identification System (IDENT) managed
by US-VISIT, CBP owns the business process, requirements, and
staff necessary for these operations. US-VISIT now acts as a
service provider and supports multiple agencies and operations
across Federal, State, and local government as well as
internationally. The responsibility for uniquely identifying
individuals in screening processes with biometrics, maintaining
those identities, continually enhancing this core capability
for national security, the integrity of the immigration system,
and public safety is well-beyond CBP's mission. For that
reason, the Committee recommends that the Office of Biometric
Identity Management remain in the National Protection and
Programs Directorate to manage IDENT and these associated
responsibilities.
Pursuant to the fiscal year 2012 DHS Appropriations Act
(P.L. 112-74), $30,000,000 remains withheld from the Office of
the Secretary and Executive Management account in fiscal year
2012 until the Secretary submits a comprehensive plan for
implementation of the biometric air exit system, including the
estimated cost of implementation. The Committee believes the
Secretary has sufficient incentive to complete the plan and
expects to see it shortly.
BORDER PATROL AND BORDER SECURITY BETWEEN PORTS OF ENTRY
The Committee fully funds Border Security and Control
between POEs at $3,605,732,000, including $73,939,000 for
training, less a reduction for the pay raise. This
recommendation continues to support an overall staffing level
of 21,370 Border Patrol agents.
Pursuant to House Report 112-91 and the Joint Explanatory
Statement accompanying the fiscal year 2012 DHS Appropriations
Act (P.L. 112-74), CBP was directed to submit a five-year
staffing and deployment plan for the Border Patrol. The
Committee sought CBP's assessment of the ``optimal and
sustainable staffing level'' necessary to perform its critical
border security mission between the POEs, taking into
consideration ``the significant growth in the Border Patrol
workforce (from 12,350 in fiscal year 2006 to 21,370 in fiscal
year 2012),'' as well as the rate ``of illegal crossings,
apprehension rates, and apprehensions per agent.'' The
Committee emphasized that ``securing the border is a national
priority. Doing it right requires the right mix of personnel,
technology, and infrastructure.'' The Committee noted its
staunch support for ``the increases that have been made for
Border Patrol operations'' while asserting that ``sustaining
the significant costs of these enhancements in our current
fiscal environment will be a challenge.''
Rather than assess any requirements or criteria for
distribution of resources, CBP's report stated that 21,370
agents were funded in fiscal year 2012 and they would be
deployed as stated years earlier--with 2,212 agents on the
Northern border and 18,415 on the Southwest border. The report
failed to address any goals for border security that would
shape staffing and resource deployment or note any factors that
affect deployment. No later than December 1, 2012 CBP is
directed to provide to the Committee a five-year staffing and
deployment plan that justifies the funded staffing level in
detail, including the tasks performed by agents; outlines the
factors related to deployment by sector; and provides criteria
for redistribution of resources to address threats.
MEDICAL COSTS FOR DETAINEES
The President's budget request included $8,000,000 in
Border Patrol for transfer to ICE for medical costs associated
with CBP detainees. The Committee understands that CBP and ICE
came to agreement in late fiscal year 2011 that CBP should
transfer funds to ICE to support detainees who required medical
care while in CBP custody through a reimbursable arrangement.
Under the agreement, ICE has authority for detainee medical
services and it sponsors, sets policy, and manages the
development, implementation, operation, and maintenance of
related business processes.
It is clear that CBP does not have the expertise to provide
the medical services for individuals in CBP custody. Further,
ICE is performing this function for CBP, as it always has,
including funding the care until the reimbursable agreement was
signed. ICE is best positioned to budget for medical costs for
all detainees and to ensure the quality of detainee care.
Therefore, the Committee moves the funds budgeted by CBP for
medical care of its detainees to ICE. In future years, ICE
should include this estimate in its budget. CBP should support
ICE in its request.
VEHICLE FLEET MANAGEMENT
In the fiscal year 2013 request, CBP changed its
assumptions regarding vehicle fleet maintenance costs and
extended the lifecycle of its fleet. While this does not have
immediate implications, the Committee questions the assumptions
underlying the lifecycle extension, particularly for Border
Patrol operational vehicles. Despite investments in border
access roads, the operating environment and usage takes a toll
on Border Patrol vehicles. The Committee directs CBP to revise
its lifecycles for operational vehicles with the fiscal year
2014 request.
JOINT OPERATIONS EFFORTS
The Committee remains concerned that CBP's joint operations
efforts at the field level and headquarters largely amount to
additional layers of bureaucracy. While the personnel deployed
to the Joint Field Command (JFC) in Arizona are using the
opportunity to identify operational challenges and seek to
address them, Border Patrol, Air and Marine, and OFO could
improve the integration of their efforts with stronger
leadership at both the field and headquarters levels.
As one example, Border Patrol already has the authority to
direct air and marine assets. However, the assets are finite
and deployed from fixed locations that often cover multiple
sectors. Better communication between Air and Marine and Border
Patrol leaders in the field is necessary in all areas of
operation--not just Arizona; counterparts must work together
and personalities cannot be allowed to get in the way of
delivering for the mission. Further, Air and Marine assets
appropriately serve other law enforcement and homeland security
needs. Air and Marine headquarters, in conjunction with Border
Patrol and other customers, should reassess the optimal
deployment of its air assets as part of its capitalization plan
update.
CBP is directed to brief the Committee on all plans,
milestones, and costs for establishing and operating joint
field efforts no later than July 1, 2012.
BORDER SEARCH, TRAUMA, AND RESCUE
The Committee encourages CBP to maintain and, if possible,
expand its efforts to provide medical aid and Border Search,
Trauma, and Rescue personnel in the Southwest to reduce the
incidence of deaths in the desert. The Committee recommends
that CBP work with civil society organizations in the region to
conduct rescue operations and to construct and maintain rescue
beacons to identify and locate persons in remote areas.
OFFICE OF AIR AND MARINE STAFFING
The Committee recommends $284,530,000 for Air and Marine
Operations, including a reduction for the proposed pay raise, a
reduction for funds allotted to the Joint Operations Division,
and an increase of $5,940,000 to restore the cut to operational
staff.
INTEGRITY PROGRAMS
The Committee remains concerned with reports from CBP's
Office of Internal Affairs that drug trafficking organizations
(DTOs) have been seeking to infiltrate CBP, compromise CBP
employees, and corrupt the agency. The Committee strongly
supports CBP's initiative to mitigate these challenges through
polygraph examination and periodic background re-investigation,
as well as the provision of workforce safeguards to reduce and
prevent corruption. CBP should ensure that its ethics,
integrity, and conduct programs include training at the time of
recruitment, hiring, basic academy, in-service, and advanced
stages of an agent or officer's career.
The Committee directs CBP to continue briefing the
Committee on a semi-annual basis on the funds available for and
progress regarding polygraph examinations, background
investigations, and periodic re-investigations as well as the
budget, staffing, and effectiveness of its integrity efforts.
Given the gravity of CBP's responsibilities, the growth in
CBP staffing over recent years, and the significant harm that
would be caused by infiltration by DTOs, the Committee directs
GAO to report to the Committee on CBP's integrity program no
later than 120 days after the date of enactment of this Act.
The report should assess CBP's ethics, conduct, and integrity
training programs to ensure that they are: (1) standardized,
systematic, integrated, and regularized as part of an officer's
and agent's career; and (2) part of a formalized strategy for
misconduct and corruption prevention. The report should also
consider whether additional enhancements or resources are
necessary.
WORKERS' COMPENSATION PLANS
In a report released April 17, 2012 (OIG-12-63), OIG
reviewed CBP's management of its Federal Employees'
Compensation Act program and found that CBP has not effectively
managed its program to control costs. Further, OIG recommended
that CBP review all workers' compensation cases to ensure that
employees who have been medically cleared to return to work
have actually been returned to work. The Committee believes
this recommendation is particularly important and encourages
CBP to take every possible step to achieve that end, including
collaborating with delegated supervisors or managers to
establish productive and suitable light-duty job assignments
for employees who can return to work. The Committee directs CBP
to brief the Committee on its progress in implementing the OIG
recommendations, the nature of its workers' compensation
claims, and trends associated with claims over the past 10
years. The briefing shall take place no later than October 1,
2012.
TACTICAL COMMUNICATIONS AND BORDER CONTROL
The Committee supports the Department's efforts to develop
a next generation plan for tactical communications needs across
DHS called TacNet. However, the Committee is concerned that
this longer-term effort has the potential to sideline CBP's
progress in closing its own already-identified tactical
communication gaps. The Committee directs the Department Joint
Program Management Office and the appropriate DHS participants
to continue briefing the Committee on a semi-annual basis on
its planning efforts, including progress to date, future
milestones, and costs. In conjunction with that briefing, CBP
shall provide a description of its identified communication
gaps and its schedule to close those gaps, including any
operational changes the Border Patrol has made to address them.
DETENTION STATISTICS
The Committee directs the Department to continue issuing
statistics on the number of individuals held in custody by CBP,
including all Border Patrol stations, checkpoints, and short-
term custody facilities (defined as facilities used to hold
individuals for 72 hours or less). These statistics shall
include a list of all the facilities used for short-term
custody; the country of origin of those in CBP custody; age,
sex, duration of detention for those individuals in CBP
custody; and the circumstances of their release (repatriation,
referral to ICE, referral to Department of Justice, etc.). The
Committee directs the Department to publish annually these
statistics in its annual statistical yearbook. Additionally,
the Committee directs CBP to report to the Committee no later
than 60 days after the date of enactment of this Act on the
standards governing the conditions of custody and what
oversight mechanisms CBP employs to monitor short-term
detention conditions and lengths of time of detention.
PREVENTING HUMAN TRAFFICKING
The Committee strongly supports DHS efforts to broaden
human trafficking awareness and counter the evils of this
modern form of slavery. CBP plays a critical role in
identifying potential human trafficking victims as they attempt
to enter the United States. Through its Blue Lightning
Initiative, CBP provides U.S. commercial airlines and their
employees with training on how to identify potential human
trafficking victims and a voluntary reporting mechanism to
notify Federal authorities through an in-flight reporting
protocol. CBP also launched the No Te Enganes campaign to raise
awareness in the international community as well. In
conjunction with the Blue Campaign, the Committee recommends
that information and resources regarding human trafficking,
including but not limited to the Department of Health and Human
Service's National Human Trafficking Resource Center hotline
and website, be posted at all U.S. ports of entry.
No less than $20,000,000 shall be spent on CBP's Blue
Campaign activities in fiscal year 2013. The Committee directs
CBP to brief on its efforts no later than 120 days after the
date of enactment of this Act.
CBP should continue to ensure that unaccompanied children
are properly screened for sexual assault, trafficking,
exploitation or other mistreatment. The Committee encourages
CBP to work with local child welfare organizations or other
appropriate organizations to assist in screening and to ensure
appropriate training of CBP personnel.
TEXTILE TRANSSHIPMENT ENFORCEMENT
The Committee includes $4,750,000, as in previous years, to
continue textile transshipment enforcement. The Committee
directs CBP to ensure that the activities of the Textile and
Apparel Policies and Programs Office, specifically seizures,
detention, and special operations, are maintained at least at
the level of those activities in prior years. The Committee
directs CBP to update annually and submit a report with the
budget request on execution of its five-year strategic plan.
The report should include information covering enforcement
activities; textile production verification team exercises and
special operations; numbers of seizures; penalties imposed; and
the numbers and types of personnel responsible for enforcing
textile laws (including headquarters staff in the Textile
Enforcement Operations Division).
CIRCUMVENTION OF CUSTOMS DUTIES-IMPORTS FROM CHINA
The Committee directs CBP to submit a report on the extent
and frequency of customs fraud, including circumvention of
duties and misclassification on entries of imports of goods
from China. This report should include information covering
enforcement activities, numbers of seizures, estimated value of
seizures by category, penalties imposed, the numbers and types
of personnel responsible (including interagency collaboration
for enforcing laws), and estimated costs to reduce
substantially the incidence of illegal transshipments. The
Committee directs CBP to submit a report with the data for
fiscal year 2012 no later than February 1, 2013.
EFFORTS TO COUNTER ABUSE OF PRESCRIPTION DRUGS
The Committee has strongly supported efforts to combat
smuggling and abuse of prescription drugs. CBP and ICE are
directed to submit a comprehensive report on their activities,
resources, and challenges to address this important issue. The
report shall be submitted no later than February 15, 2013.
TRAINING
In December 2011, GAO issued a report entitled ``Border
Security: Additional Steps Needed to Ensure That Officers Are
Fully Trained'' (GAO-12-269). The Committee directs CBP to
brief the Committee on its corrective action plan and the
status of implementation of GAO recommendations no later than
September 1, 2012. GAO found that CBP does not have reliable
training completion records to ensure officers received
required training and that over 4,000 officers had not
completed courses in immigration fundamentals, immigration, law
and agriculture fundamentals. In addition, the Committee
directs GAO to follow up on the findings of this report one
year after its release to identify progress that has been made
and any remaining deficiencies.
To ensure Border Patrol agents and CBP officers get the
training they need to meet the mission and to build leaders for
the organization's future, the Committee urges CBP and FLETC to
collaborate with regionally accredited institutions of higher
education to develop standardized curriculum, course
requirements, and a program accreditation system that will lead
to efficiencies in time and money in the deployment of
additional Border Patrol agents and CBP officers and that will
provide opportunities for existing agents and officers to
advance professionally through undergraduate and graduate
programs in operationally related fields. Further, the
Committee notes that House Report 112-91 requires CBP and FLETC
to brief the Committee on these issues later this calendar
year.
HIRING AND STAFFING REPORTS
The Committee directs CBP to continue submitting monthly
staffing and hiring reports in the format that was used in
fiscal year 2011. Further, the Committee expects CBP to
correctly provide the fiscal year 2012 reports in that same
format.
Automation Modernization
Appropriation, fiscal year 2012....................... $334,275,000
Budget estimate, fiscal year 2013..................... 327,526,000
Recommended in the bill............................... 700,242,000
Bill compared with:
Appropriation, fiscal year 2012................... +365,967,000
Budget estimate, fiscal year 2013................. +372,716,000
MISSION
Automation Modernization historically has included funding
for major information technology modernization and development
projects for CBP, including the Automated Commercial
Environment (ACE) system and the multi-agency International
Trade Data System (ITDS); support and transition of the legacy
Automated Commercial System (ACS); the integration and
connectivity of information technology infrastructure within
CBP and DHS as part of Current Operations Protection and
Processing Support (COPPS); modernization of the TECS
enforcement and compliance system; and the Terrorism Prevention
Systems Enhancements (TPSE) initiative aimed at enhancing
system infrastructure to ensure continuity of operations in
critical passenger programs. The account is now expanded to
include all of the funds executed by OIT, with the exception of
ATS and Inspection and Detection Technology Investments.
RECOMMENDATION
The Committee recommends $700,242,000 for Automation
Modernization, $372,716,000 above the request and $365,967,000
above fiscal year 2012. The significant increase is due to the
Committee's recommendation to provide greater visibility into
the Salaries and Expenses account and realign IT funds from
that account into Automation Modernization.
CBP's IT capabilities are essential to its operations.
However, CBP has not provided visibility into its management of
this significant investment, including its failure to submit a
statutorily required multi-year investment and management plan
for IT. In addition, the flawed budget request regarding CBP's
access to fee collections created $110,000,000 shortfall in
OFO. Therefore, the Committee has reduced OIT by $24,000,000,
which includes a denial of the proposed pay increase, and cut
ACE by $2,000,000.
The bill withholds funds from Salaries and Expenses until
the Commissioner submits an updated multi-year investment and
management plan required with the fiscal year 2014 budget
request.
A comparison of the budget estimate to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Information Technology............ - - -* $374,716,000
Automated Commercial Environment/ $140,794,000 138,794,000
International Trade Data System
(ITDS)...........................
Current Operations Protection and 186,732,000 186,732,000
Processing Support (COPPS).......
-------------------------------------
Total, Automation $327,526,000 $700,242,000
Modernization................
------------------------------------------------------------------------
*Request in Salaries and Expenses for corresponding activity is
$399,058,000.
ACE AND ITDS REPORTING
The Committee continues to be disappointed with the
information CBP can provide on the cost and schedule for Cargo
Release, among other ACE capabilities that the trade community
has long sought. The Committee directs CBP to continue its
quarterly briefings on ACE/ITDS progress. The next quarterly
briefing shall include CBP's estimate of the full cost and
schedule for Cargo Release.
TECS
Funding for TECS Modernization of $55,000,000 is included
within the COPPS PPA, as requested, to replace existing,
antiquated mainframe elements of TECS with a sustainable,
modern architecture and graphical user interfaces. More
importantly, the new flexible architecture for TECS provides
new capabilities to users that are already bearing results,
such as the Consolidated Secondary Inspection System to give
CBP officers more information at ports of entry. A joint effort
between CBP and ICE, TECS modernization is to be completed in
the next three years. The Committee is concerned that ICE is
not on track with CBP's timeline for retirement of the TECS
mainframe that will result in a significant resource burden for
ICE in future years. The Committee directs CBP and ICE to brief
the Committee no later than December 1, 2012, on the status of
modernization efforts, progress in fiscal year 2012 and plans
for fiscal year 2013.
AVAILABILITY OF AUTOMATED SYSTEMS
The Committee continues to be concerned about CBP's ability
to maintain availability of its IT systems that are so critical
to its operations. Upgrades are being continually deferred in a
manner that reduces availability and compounds the cost of
operating old infrastructure. The Committee directs CBP to
brief on its progress implementing the recommendations in OIG
report OIG-11-42 no later than September 1, 2012 as well as the
unfunded costs of upgrades to ensure system reliability and
availability.
Border Security Fencing, Infrastructure, and Technology
Appropriation, fiscal year 2012....................... $400,000,000
Budget estimate, fiscal year 2013..................... 327,099,000
Recommended in the bill............................... 327,099,000
Bill compared with:
Appropriation, fiscal year 2012................... -72,901,000
Budget estimate, fiscal year 2013................. - - -
MISSION
The Border Security Fencing, Infrastructure, and Technology
(BSFIT) account funds the technology and tactical
infrastructure solutions to achieve effective control of the
U.S. borders.
RECOMMENDATION
The Committee recommends $327,099,000 for Border Security
Fencing, Infrastructure, and Technology (BSFIT), as requested
and $72,901,000 below the amount provided in fiscal year 2012.
The Committee recommends $188,816,000 for development and
deployment, which will fund technology and tactical
infrastructure investment, including $10,000,000 for Northern
border technology and $40,000,000 for tactical communications;
and $138,283,000 for operations and maintenance, as requested.
The Committee appreciates movement of OTIA personnel to
Salaries and Expenses. The bill withholds funds from Salaries
and Expenses until the Commissioner submits the updated multi-
year investment and management plan required with the fiscal
year 2014 budget request.
While it is clear that the Border Patrol requires
additional tools and technology to execute its critical
mission, the Committee remains concerned about CBP's execution
of BSFIT funds consistent with the Administration's assertion
that the Arizona Border Technology Plan funds commercial off-
the-shelf technologies that can be rapidly deployed. In January
2011, the effort was officially launched though planning had
been ongoing. More than 16 months later, BSFIT funds for the
Arizona Plan remain largely unobligated, and many major
procurement actions have not yet been awarded, including the
Remote Video Surveillance Systems (RVSS).
A comparison of the budget estimate to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Development and Deployment:
Southwest Border Technology... $138,816,000 $138,816,000
Northern Border Technology.... 10,000,000 10,000,000
Tactical Communications....... 40,000,000 40,000,000
-------------------------------------
Subtotal, Development and 188,816,000 188,816,000
Deployment.................
Operations and Maintenance........ 138,283,000 138,283,000
-------------------------------------
Total, BSFIT.............. $327,099,000 $327,099,000
------------------------------------------------------------------------
SOUTHWEST BORDER TECHNOLOGY
The Committee admonishes CBP for the significant and
unacceptable delays in procurement actions associated with the
Arizona Border Technology Plan. By the Department's own
statements, the procurement schedule was devised to purchase
and rapidly deploy off-the-shelf technology to meet the Border
Patrol's necessary mission requirements. Yet, 16 months after
the announcement of such plan, none of the procurements has
been timely awarded and all the deployments have been delayed.
CBP's procurement schedule will be published in the Committee's
hearing volume for fiscal year 2013, comparing the original and
updated target dates. While CBP has issued two requests for
proposals covering RVSS replacement, new RVSS, and Integrated
Fixed Towers (IFT) in the past two months, the deployment of
these capabilities is not realistically completed before fiscal
years 2014 and 2015. Compounding CBP's failures and delays,
many of the technologies have not met CBP expectations in terms
of being adequately ruggedized for the Border Patrol
environment and functioning as promised from the start.
The Committee notes that, as of January 31, 2012, CBP has
$732,797,651 in unobligated balances in BSFIT, including
$353,403,657 from fiscal year 2011 and prior years. For IFT,
CBP has $117,000,000 in unobligated funds plus the request of
$92,000,000 for fiscal year 2013. However, according to CBP's
procurement schedule, only one of the systems should be
completed before fiscal year 2014, and two systems will not
start deployment until fiscal year 2014. Recognizing the long-
lead time for deployment of these capabilities, the Committee
recommends rescission of $40,412,000 from prior appropriations
for IFT to apply those funds to CBP Air and Marine operations,
supporting a significant increase in the proposed flight hours.
These funds will provide immediate border security operational
benefit while enabling CBP to maintain its IFT investments and
deployments as currently planned.
The Committee directs CBP to move expeditiously and
appropriately to award and deploy these capabilities no later
than its current schedule. Since 2005, the Committee has
aggressively supported the significant increase and sustainment
in agents, the deployment and maintenance of fencing and other
tactical infrastructure, and the continued investment in air
assets. Given these investments, fixed surveillance technology
stands as the last remaining major investment needed to
adequately equip the Border Patrol with the tools to fulfill
its vital mission. The Committee will not tolerate additional
delays attributed to mere bureaucratic causes. Congress has
provided strong support year after year to ensure Border Patrol
agents have the tools they need to perform their critical
mission. Further bureaucratic delays fail those agents and risk
border security--outcomes the Committee will not abide.
In developing the multi-year investment and management plan
for BSFIT funds, the Committee directs CBP to assess the
deployment of fixed versus mobile capabilities for border
security surveillance, including the short and long-term costs
and benefits of different assets. Such an assessment is
valuable given the flexibility associated with mobile assets,
including airborne assets; the continual improvements in
available technologies; the long lead time for deploying fixed
capabilities; and intelligence associated with how adversaries
adapt to avoid fixed assets.
OPERATIONS, MAINTENANCE, AND SUPPORT
The Committee includes $138,283,000, as requested, for the
operation and maintenance of systems and infrastructure
deployed with BSFIT funding, including $3,000,000 requested for
environmental mitigation deemed necessary as a direct result of
construction, operations, and maintenance activities for border
security.
REPORTING AND BRIEFING REQUIREMENTS
The bill continues the requirement for a multi-year
investment and management plan for BSFIT funds to be submitted
simultaneously with the fiscal year 2014 budget request. The
Committee also directs CBP to continue to brief the Committee
on a quarterly basis on the status of BSFIT programs and
investments. As a new requirement, given the significant delays
in procurements related to the Arizona Border Technology Plan,
the Committee directs CBP to provide weekly notification on
procurement actions on each technology investment until all
initial contract awards have been made.
OFFICE OF TECHNOLOGY INNOVATION AND ACQUISITION
The Committee has encouraged CBP to innovate and improve
management of its operations on a continuous basis,
particularly in procuring and incorporating technology. At the
same time, the Committee is concerned about the internal
upheaval associated with the establishment of OTIA. The
Committee encourages CBP to limit reorganization of programs
under OTIA and instead utilize the expertise within OTIA to
support more efficient, effective program management across
CBP--keeping the focus on delivering for the mission. The
Committee will continue to monitor the role OTIA plays in CBP's
major programs.
COOPERATION WITH DEPARTMENT OF DEFENSE
The Committee continues to encourage CBP to work with the
Department of Defense (DOD) to adapt and leverage proven DOD
technologies for CBP's border security mission. Cooperative
efforts with DOD have resulted in deployment of promising
capabilities at a lower cost. The Committee is aware that CBP
has begun discussions with DOD on a formal Memorandum of
Understanding (MOU) to outline their cooperative efforts and
ensure that all appropriate DOD entities are included.
Therefore, the Committee directs CBP to ensure negotiations do
not hamper ongoing cooperative efforts and to finalize the MOU
no later than December 1, 2012 to facilitate better
coordination and rapid deployment of proven technologies.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
Appropriation, fiscal year 2012....................... $503,966,000
Budget estimate, fiscal year 2013..................... 435,769,000
Recommended in the bill............................... 518,469,000
Bill compared with:
Appropriation, fiscal year 2012................... +14,503,000
Budget estimate, fiscal year 2013................. +82,700,000
MISSION
CBP Air and Marine provides integrated and coordinated
border interdiction and law enforcement support for homeland
security missions; provides airspace security for high-risk
areas or National Special Security Events upon request; and
combats efforts to smuggle narcotics and other contraband into
the United States. CBP Air and Marine also supports
counterterrorism efforts of other law enforcement agencies.
RECOMMENDATION
The Committee recommends $518,469,000 for Air and Marine
Interdiction, Operations, Maintenance, and Procurement,
$82,700,000 above the amount requested and $14,503,000 above
the amount provided in fiscal year 2012. The funding includes
$400,399,000 for operations and maintenance, and $118,070,000
for procurement. The procurement funds include increases as
follows: $21,500,000 for purchase of an additional multi-
enforcement aircraft, a high priority for CBP, particularly
important given the increasing aircraft retirements CBP
expects; $11,000,000 to continue the P-3 SLEP of 14 aircraft;
and $18,600,000 to purchase and deploy proven, advanced
airborne surveillance capabilities.
INADEQUATE BUDGET REQUESTS
For many years, it has been apparent that the
Administration's budget requests shortchange Air and Marine
operations and procurement expecting Congress to provide the
funds necessary to maintain critical air assets and upgrade and
standardize the fleet to meet CBP's mission needs as well as
CBP's growing support of other agencies. As an example, the
operational flight hours have shrunk dramatically in recent
years. The flight hours estimated for the fiscal year 2013
budget request are the lowest in CBP history at 65,000. In
fiscal year 2006, Air and Marine flew 87,000 hours; in fiscal
year 2010, flight hours peaked at 107,000; and in fiscal year
2012, CBP projects only 81,400 hours. The Committee finds these
reductions unacceptable, particularly recognizing the impact of
the proposed cuts on CBP's operational effectiveness along and
beyond our immediate borders. CBP's air assets are critical to
intelligence, surveillance, reconnaissance; mobility of agents;
and agent safety.
CBP must continually invest in its aircraft to maintain and
upgrade its fleet. Just under half of the aircraft are over 33
years old and showing signs of operational stress. That is why
the Committee has strongly supported CBP's recapitalization
plan, and Congress has repeatedly provided funding over the
request. However, the plan was completed in 2006, and needs and
technologies have changed since that time. The Committee is
still awaiting submission of the new five-year recapitalization
plan required in Public Law 112-74. In this bill, the Committee
directs CBP to provide any updates necessary to the
recapitalization plan with the President's fiscal year 2014
budget request to enable appropriate oversight of CBP's plans
for this important component of border security operations and
mission.
UNMANNED AIRCRAFT OPERATIONS
The Committee recommends an increase above the request of
$18,600,000 for purchase, deployment, and operations of proven,
advanced airborne surveillance capabilities, including, but not
limited to, sensors and associated software, to be used on
CBP's existing unmanned aircraft systems (UAS). The Committee
understands that CBP has conducted operational tests with DOD
on promising technologies that provide long-overdue
surveillance capabilities, a good example of the results the
Committee anticipates as CBP and DOD collaborate on on border
security capabilities. The Committee encourages CBP to
incorporate such capabilities into its detection,
identification, and interdiction strategies and tactics.
ASSETS IN THE SOURCE AND TRANSIT ZONES
The value of the P-3 fleet in supporting U.S. counter-
narcotics efforts in the source and transit zone is
incontrovertible. From fiscal years 2007 through 2011, the P-3
fleet was directly engaged in the seizure or disruption of
863,092 pounds of narcotics valued at more than $9,700,000,000.
For every hour flown, that amounts to 27.9 pounds seized. For
that reason, the Committee strongly supports CBP's efforts to
continue its service life extension program (SLEP) for the P-3
fleet. The Committee recommends an increase of $11,000,000 over
the request toward completion of the SLEP for the 14 aircraft
currently in the program.
COOPERATION WITH DEPARTMENT OF DEFENSE
As with the BSFIT account, there are opportunities for CBP
to partner with DOD in developing, deploying, and maintaining
air and marine surveillance and interdiction capabilities. The
Committee directs CBP to include air and marine capabilities in
its MOU with DOD.
Further, the Committee is aware that interagency
discussions are again underway related to the administration of
the Tethered Aerostat Radar System (TARS) program. TARS
surveillance data is used by CBP and by the Joint Interagency
Task Force-South in support of border security and counter-drug
operations. The aerostats, which are owned and operated by the
Air Force, have not been maintained for a number of reasons.
However, the Committee does not believe that an alternative
means of supporting operational needs for surveillance data has
been deployed. For that reason, the Committee is concerned
about the reduced capability, particularly in the Caribbean,
and encourages CBP to work with DOD and other interagency
partners to develop a short term solution to address reduced
capability as well as the right long term solution--whether
that is transfer of the assets, DOD repair of current assets,
replacement with other technology or capability, or other
solutions.
U.S. SECURITY INTERESTS IN THE CARIBBEAN
The Committee is deeply concerned about the level of
violent crime in the two U.S. jurisdictions in the Caribbean,
Puerto Rico and the U.S. Virgin Islands, which are home to over
3.8 million residents. In particular, the Committee notes that
the homicide rate in each jurisdiction is about six times the
national average and about three times higher than any other
U.S. jurisdiction; some estimates indicate that most of these
homicides are associated with illegal narcotics trafficking.
The public safety and security issues of the U.S. territories
in the Caribbean must be a priority. The Committee expects that
the Secretary will allocate the resources, assets, and
personnel to these jurisdictions in a manner and to a degree
consistent with that principle.
PUERTO RICO TRUST FUND
The deployment of marine assets in Puerto Rico has been
funded by the collections of duties and taxes that are
deposited in the Puerto Rico Trust Fund. The Committee
understands that, because collections have decreased in certain
years, CBP has terminated certain operations in the Caribbean
Air & Marine Branch (CAMB). The Committee directs CBP to brief
the Committee no later than 180 days after the date of
enactment of this Act detailing its operations in Puerto Rico
and its budgetary decisions affecting those operations,
including the funding available in the Puerto Rico Trust Fund.
AIR AND MARINE OPERATIONS CENTER
The Committee encourages CBP to move forward with its
analysis of alternatives for expansion of facilities at the Air
and Marine Operations Center (AMOC) and modernization of AMOC
systems. The AMOC is a critical national asset that continues
to play a key role in border security, airspace security, and
emergency response efforts, as appropriate. The Committee
directs CBP to brief on its assessment of AMOC needs as well as
the schedule and cost associated with any modernization plans
no later than December 1, 2012.
AVAILABILITY OF FUNDS
Recognizing that a portion of the funds in this account are
operations and maintenance while the larger portion is
procurement, the Committee directs CBP to consider proposing
one-year availability for the operations and maintenance funds
in the fiscal year 2014 request. Should CBP determine that one-
year availability is not sufficient, the Committee directs CBP
to note the rationale in the fiscal year 2014 request for not
requesting one-year availability.
Construction and Facilities Management
Appropriation, fiscal year 2012....................... $236,596,000
Budget estimate, fiscal year 2013..................... 243,666,000
Recommended in the bill............................... 252,567,000
Bill compared with:
Appropriation, fiscal year 2012................... +15,971,000
Budget estimate, fiscal year 2013................. +8,901,000
MISSION
The Construction and Facilities Management account funds
all CBP real estate and facilities, with the exception of
rental payments, which are funded in the Salaries and Expenses
appropriation. This includes consolidating all funding for
construction, leasing acquisition, facility program support,
operations, management, headquarters support, and tunnel
remediation activities. This includes the planning, design, and
assembly of Border Patrol infrastructure, including Border
Patrol stations, checkpoints, temporary detention facilities,
mission support facilities, training facilities, and CBP-owned
ports of entry. Construction of tactical infrastructure
(fencing, barriers, lighting, and road improvements at the
border) is funded through the Border Security, Fencing,
Infrastructure, and Technology account.
RECOMMENDATION
The Committee recommends $252,567,000 for Construction and
Facilities Management, $8,901,000 above the request and
$15,971,000 above the amount provided in fiscal year 2012. The
funding includes $195,218,000 for Facilities Construction and
Sustainment and $57,349,000 for Program Oversight and
Management, reduced by the amount for the proposed pay raise.
INVENTORY AND PLAN
The Committee recently received CBP's real property
inventory required by law, though it was submitted late. The
inventory, however, did not delineate any plans for activities
or projects or their associated costs. The information
necessary for accountability to the American taxpayer and for
this Committee's oversight is entirely lacking. The requirement
for submission of the real property inventory on an annual
basis is continued, to include cost information. Reductions
were made to the request for the Office of Administration as a
result.
PROGRAM MANAGEMENT COSTS
The program management costs in this appropriation remain
high, despite the reduced activity since ARRA funds have been
executed. The Committee directs CBP to report to the Committee
no later than July 1, 2012 regarding the need for 24 percent of
the funds to go to program management rather than facilities
projects.
U.S. Immigration and Customs Enforcement
Salaries and Expenses
Appropriation, fiscal year 2012....................... $5,528,874,000
Budget estimate, fiscal year 2013..................... 5,296,692,000
Recommended in the bill............................... 5,236,331,000
Bill compared with:
Appropriation, fiscal year 2012................... -292,543,000
Budget estimate, fiscal year 2013................. -60,361,000
MISSION
U.S. Immigration and Customs Enforcement (ICE) is the lead
agency responsible for enforcement of immigration and customs
laws. ICE protects the United States by investigating,
deterring, and detecting threats arising from the movement of
people and goods into and out of the country. ICE consists of
approximately 20,500 employees within two major divisions:
Office of Investigations and Enforcement and Removal
Operations.
RECOMMENDATION
The Committee's direction to ICE has been consistent and
clear: enforce the law. The bill continues a provision
directing the Secretary to enforce the immigration laws of the
United States. Robust resources are provided to ICE to that
end. The Committee recommends $5,236,331,000 for Salaries and
Expenses, $60,361,000 below the amount requested and
$292,543,000 below the amount provided in fiscal year 2012--the
reduction largely reflects the realignment of $161,564,000 from
Salaries and Expenses to Automation Modernization to provide
visibility into ICE's Information Technology expenditures.
After allowing for this adjustment and other recommended
funding realignments, the Committee's recommendation reflects
an increase of $90,896,000 above the request to ensure robust
enforcement of our Nation's immigration laws.
Within this amount, the Committee supports maintenance of
no fewer than 34,000 detention beds and funds the 287(g)
program to the fiscal year 2012 level. Additionally,
$138,249,000 is provided to complete nationwide deployment of
the Secure Communities program. The Committee denies the
proposed pay raise across PPAs, for an overall reduction of
$14,083,000. The Committee approves the transfer of overstay
analysis from US-VISIT to ICE and increases the amount proposed
for transfer to Domestic Investigations by $2,307,000.
A comparison of the budget estimate to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Headquarters Management and
Administration
Personnel, Services and Other $220,122,000 $226,207,000
Costs............................
Headquarters-Managed Information 157,188,000 - - -
Technology Investments...........
-------------------------------------
Subtotal, Headquarters 377,310,000 226,207,000
Management and Administration
Legal Proceedings................. 207,580,000 207,041,000
Domestic Investigations........... 1, 672,526,000 1,686,859,000
International Investigations
International Operations.......... 110,370,000 115,122,000
Visa Security Program............. 32,616,000 34,561,000
-------------------------------------
Subtotal, International 142,986,000 149,683,000
Investigations...............
Intelligence...................... 78,748,000 78,452,000
Detention and Removal Operations
Custody Operations................ 1,959,363,000 2,026,343,000
Fugitive Operations............... 132,925,000 145,325,000
Criminal Alien Program............ 216,724,000 216,510,000
Alternatives to Detention......... 111,590,000 91,460,000
Transportation and Removal Program 258,227,000 270,202,000
-------------------------------------
Subtotal, Detention and 2,678,829,000 2,749,840,000
Removal Operations...........
Secure Communities................ 138,713,000 138,249,000
-------------------------------------
Total, ICE Salaries and $5,296,692,000 $5,236,331,000
Expenses...................
------------------------------------------------------------------------
ICE HEADQUARTERS MANAGEMENT AND ADMINISTRATION
The Committee recommends $226,207,000 for ICE Headquarters
Management and Administration, $151,103,000 below the requested
level, due largely to the realignment of headquarters-managed
IT investment to Automation Modernization. The pay raise funds
are not included; 287(g) funding is restored; and $2,000,000 in
additional efficiencies is taken to support ICE's critical
international investigative efforts through its vetted units.
CONGRESSIONAL BUDGET JUSTIFICATION
The quality of the Congressional Budget Justification
material provided by the Department for ICE improved in fiscal
year 2013. However, ICE provided significant information at its
budget briefing that could be included in the official
justification for greater accountability to the American
taxpayer. ICE, in conjunction with the Chief Financial Officer,
is encouraged to work with the Committee to further improve the
Congressional Budget Justifications materials for fiscal year
2014 and beyond.
IMMIGRATION PROCEEDINGS
The Committee does not support the proposed transfer
authority for $5,000,000 from ICE to the Executive Office for
Immigration Review (EOIR) to bolster the Legal Orientation
Program. However, given the extensive caseload pending before
immigration law judges and the Committee's interest in
continued, strong immigration enforcement efforts, the
Committee, through the proper Subcommittee of jurisdiction for
the Department of Justice, recommended an increase for EOIR
above the fiscal year 2012 level and consideration of lifting
EOIR's current hiring freeze.
While the Committee commends ICE for identifying extensive
administrative savings and efficiencies, the Committee wants to
ensure that such reductions do not adversely impact ICE
operations. The Committee directs the ICE CFO to provide
additional detail regarding proposed savings and efficiencies
no later than September 1, 2012.
Further, the Committee is disappointed in the lack of
information ICE has provided regarding the embezzlement and
kick-back scheme uncovered last year in the Office of
Intelligence. While the investigation continues to result in
additional indictments and actions released by the U.S.
Attorney's Office, the Committee has not been briefed on
continuing issues, actions, or corrective measures by ICE.
Therefore, the Committee directs ICE to report no later than
September 1, 2012 on all corrective actions and controls
instituted to prevent recurrence of such behavior.
ICE DOMESTIC INVESTIGATIONS
The Committee recommends $1,686,859,000 for ICE domestic
investigatory programs, including the following changes to the
request: a reduction reflecting the denied pay raise; an
increase restoring 287(g) funding; a total of $19,917,000
transferred from US-VISIT for overstay analysis; a $10,000,000
reduction realigning responsibility for illegal aliens on
parole/probation to ERO; a realignment of $3,000,000 to
International Operations for ICE vetted units overseas; an
increase of $11,000,000 for human trafficking investigations
and an awareness campaign. The Committee directs ICE to
continue to provide quarterly data on investigative activities
and expenditures on a timely basis. The Committee also supports
ICE efforts to measure the impacts of its investigative
activities toward dismantling transnational criminal
enterprises.
Of the amount dedicated for the Southwest Border
Initiative, particularly Border Enforcement Security Task
Forces, no less than $5,000,000 is directed to ICE intelligence
and investigative programs to combat border violence and
organized crime, particularly along the El Paso-Juarez corridor
in view of recent acts of violence against U.S. citizens.
The value of sharing ballistics information to discover
links between crimes is outlined in the National Southwest
Border Counternarcotics Strategy. The Committee encourages DHS
to continue working closely with the Department of Justice and
with Mexican law enforcement partners to further collective
investigative efforts through this means.
VETTED UNITS
The Committee strongly supports ICE's transnational
criminal investigative unit program, through which ICE has
established vetted units of select foreign partner agency
personnel in their countries. As the budget request did not
specify funds for this program and ICE's access to other
sources of funds continues to diminish, the Committee increased
the request for International Operations by $5,000,000. Of the
total amount provided for International Operations, no less
than $8,000,000 shall be for ICE's vetted units.
VISA SECURITY PROGRAM
The Committee recommends $34,561,000 for the ICE Visa
Security Program (VSP), an increase of $2,000,000 above the
request to support pre-adjudication vetting of visa applicants.
In fiscal year 2012, funds were provided to expand the program.
The Committee directs ICE to provide a classified briefing no
later than November 1, 2012 on the VSP and progress to deploy
to expanded locations.
OVERSTAY ANALYSIS
The Committee recommends a total of $19,917,000, $2,307,000
above the request, in Domestic Investigations for overstay
analysis activities previously performed by US-VISIT. ICE is
the mission owner for visa-overstay investigations and
operations. As such, the Committee believes that consolidation
of the overstay analysis activities with operations will
provide efficiencies and ensure clear accountability.
The Committee continues to be concerned about the
identification, resolution, and enforcement of visa overstays.
ICE is in a better position to enforce overstay violations now
that it is directly responsible for this analysis.
Additionally, the Committee recommends transferring ADIS to
ICE, so that ICE has management of the system and complete
accountability. The Committee, therefore, directs ICE to
provide semi-annual briefings on the overstay backlog
elimination effort; to ensure that similar backlogs do not
arise again in the future; and to update the Committee on its
overstay enforcement strategy. Further, the Committee directs
ICE to brief the Committee no later than December 1, 2012 on
the number of visa overstays in the United States by
nationality and actionable measures ICE will take to reduce the
overstay population.
COMBATTING HUMAN TRAFFICKING
The Office of Investigations (OI) plays a critical role in
combating severe forms of trafficking, investigating criminal
organizations trafficking individuals into and within the
United States, and in stopping this heinous crime. The
Committee encourages ICE to work with appropriate non-profit
organizations and victim service providers to ensure
appropriate training of ICE investigators in the field to
assist in the identification of human trafficking victims and
provide appropriate referrals to victim service providers. In
addition, the Committee directs ICE to identify potential
victims of human trafficking and slavery early in any ICE or
ICE-led investigations and provide informational materials and
referrals for victim assistance as quickly as possible.
Congress has strongly supported ICE's efforts in countering
human trafficking, including the efforts of the Human Smuggling
and Trafficking Center. For fiscal year 2013, the Committee
recommends an increase of $11,000,000 above the request for
ICE's human trafficking and smuggling investigations, including
no less than $1,200,000 to further the Hidden in Plain Sight
public outreach campaign under the Blue Campaign umbrella. The
Committee directs ICE to brief the Committee no later than 60
days after the date of enactment of this Act on its plans for
these funds.
The Committee applauds DHS for its efforts to bolster human
trafficking training and awareness through its Blue Campaign.
For that reason, the Committee directs DHS to highlight funds
related to the Blue Campaign in the congressional budget
justification materials accompanying the fiscal year 2014
budget request.
The Committee continues to support ICE's Operation Angel
Watch program, which dedicates intelligence analysts to
tracking the international travel patterns of convicted sex
offenders, and ICE efforts to curb exploitation of children in
international trafficking.
WORKSITE ENFORCEMENT
The Committee recommends $134,626,000 for worksite
enforcement activities, as requested. While enforcement actions
associated with worksite enforcement dropped significantly in
2009 after the Administration announced its worksite
enforcement strategy, the Committee notes that the number of
such actions rose in fiscal year 2011. Criminal arrests related
to worksite enforcement investigations increased for the first
time since fiscal year 2008, for a total of 713, from 393 in
fiscal year 2010. Similarly, administrative arrests also
increased to 1,471 in fiscal year 2011 from 1,224 in fiscal
year 2010.
The Administration has emphasized I-9 inspections as part
of its worksite enforcement strategy, but the Committee has not
yet seen strong enforcement results based upon these
inspections. The Committee directs ICE to focus on producing
enforcement results based on the I-9 inspections.
The Committee directs ICE to continue its quarterly
briefings on worksite enforcement efforts no later than 30 days
after the end of each quarter. The Committee directs ICE to
provide an annual report on the number of worksite enforcement
investigations opened and closed, employee and employer
arrests--both criminal and administrative, and the fines
assessed and collected each fiscal year. This report shall be
submitted to the Committee within 45 days after the end of each
fiscal year. The Committee also directs that the report for
fiscal year 2011 should include the same statistics for fiscal
years 2007-2010.
INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT
The Committee believes that Intellectual Property Rights
(IPR) enforcement is an important part of ICE's investigative
missions. The Committee supports the efforts of the National
IPR Coordination Center, which stands at the forefront of the
U.S. Government's response to global intellectual property
theft. The Center provides an invaluable forum to access
expertise of member agencies, share information, develop
initiatives, coordinate enforcement actions, and conduct
investigations. The Committee recommends no less than
$10,187,000 for the Center, as requested. ICE is directed to
report to the Committee on the number of agents in the United
States and abroad dedicated to IPR investigations and the
number of hours spent by agents in fiscal year 2012 on IPR
investigations.
TEXTILE TRANSSHIPMENT ENFORCEMENT
Section 352 of the Trade Act of 2002 authorizes funding for
Customs Service textile transshipment enforcement, and
specifies how the funds must be spent. The Committee includes
$4,750,000, as requested, to continue these activities. The
Committee directs ICE to provide a report with its fiscal year
2014 budget request on its actual and projected obligations of
this funding, covering any updates from last year's reports and
including fiscal year 2012 actuals, fiscal year 2013
projections, and fiscal year 2014 proposed. The report should
include staffing levels by fiscal year and a five-year
enforcement plan for transshipment violations.
CYBERCRIMES
ICE's Cyber Crime Center (C3) delivers computer-based
technical services to ICE components to support domestic and
international investigations into cross-border crime,
particularly such crimes conducted on or facilitated by the
internet. C3 includes a fully equipped computer forensics
laboratory, which specializes in digital evidence recovery, and
supports the computer forensics agents located at ICE field
offices domestically and abroad. To facilitate the important
work of these agents and to ensure C3 is aware of the latest
technological innovations, as technology continually changes,
the Committee encourages ICE to undertake a requirements
process for modernizing its computer forensics capabilities and
managing the data it examines as part of its investigations.
INTELLIGENCE
For the Office of Intelligence, the Committee recommends
$78,452,000, $296,000 below the request. The Committee notes
that while ICE has aligned the Office of Intelligence in the
Office of Investigations, the Committee continues to show the
funding as a separate line. The Committee expects the Office of
Intelligence to support all of ICE's operations, including
providing robust information to ERO and coordinating with CBP
on its assessments of illicit cross-border activities and
criminal organizations.
ICE DETENTION AND REMOVAL
The Committee recommends $2,749,840,000 for ICE Detention
and Removal, $71,011,000 more than the request, to include:
retaining 34,000 as the minimum number of detention bed spaces
that ICE must maintain on a daily basis; restoring proposed
cuts to the 287(g) program; and moving the budget and
responsibility for CBP detainee medical costs to ICE.
The Committee notes that the budget request includes a
performance measure, provided pursuant to the Government
Performance and Results Act (GPRA) of 1993, on its use of
detention beds. The metric provides ICE's detention bed rate
under the ``midnight man count,'' meaning the number of ICE
detainees in a detention bed as of midnight on a given day.
Recognizing that a single metric cannot fully convey a true
picture of complex operations, the Committee encourages ICE to
include not only the midnight man count but to include another
metric that more closely relates to the number of detainees for
whom ICE incurs costs on a daily basis. The latter metric
provides a different vantage point and more closely aligns to
the cost considerations that are of central importance to the
Committee. Further, the Committee does not recognize the
midnight man count as equivalent to the statutory mandate for
34,000 detention beds.
As a result of funds provided in fiscal year 2011 and the
increase enacted in fiscal year 2012, ICE has the resources
necessary to manage detention bed needs. Therefore, the
Committee directs ICE to intensify its enforcement efforts and
fully utilize these resources. The Committee understands that
detention bed space is readily available in many locations
where ICE most needs it, including in public and private
facilities at potentially lower costs.
In addition, the Committee commends ICE for its efforts to
improve its management of detention resources and encourages
ICE to continue to refine its logistics management and cost
modeling efforts to achieve the best value in procuring
detention capacity. The Committee directs ICE to manage
detention and removal costs as efficiently as possible,
continuing to examine all cost drivers and take steps to reduce
the overall cost of detention per detainee, including speeding
the removal process for individual detainees as consistent with
due process. ICE is directed to provide quarterly briefings to
the Committee on all steps being taken to reduce the costs of
detention and removal, including strategies to minimize
transportation costs and house detainees at the lowest cost
facilities, working with EOIR to speed processing as consistent
with due process, continuing to review contracts to ensure
maximum flexibility and lowest cost to ICE, and considering the
costs and benefits of public and private providers for all
services, including medical services. The first comprehensive
briefing will take place no later than 30 days after the date
of enactment of this Act.
DETENTION AND REMOVAL REPORTING
The bill continues language, as requested, ensuring that
all illegally present or otherwise removable aliens encountered
when enforcing our immigration laws are apprehended. However,
the Department does not collect or report comprehensive
statistics on all of its encounters with inadmissible and
deportable aliens by source as well as the disposition of all
such encounters. The Committee continues to direct ICE, in
conjunction with CBP and USCIS, to improve its capabilities to
provide comprehensive reporting on enforcement actions. Funds
are targeted to that effort in the ICE Automation Modernization
account. ICE shall provide additional data as it is available
in the Border Security Status and Detention and Removal
Operations reports.
For fiscal year 2013, ICE is directed to continue reporting
quarterly on detention and removal, including the number of
deportation, exclusion, and removal orders sought and obtained
by ICE. The first fiscal year 2013 quarterly report is to be
submitted no later than February 15, 2013.
COOPERATION FROM FOREIGN COUNTRIES ON REPATRIATION
To successfully remove aliens from the United States, ICE
requires cooperation from foreign governments on obtaining
travel documents and permitting return. ICE incurs significant
costs and administrative burdens pursuing removal of aliens
with final orders of removal where countries do not cooperate
in this effort. Even more concerning, however, is the impact of
the decision in Zadvydas v. Davis, 533 U.S. 678, 121 S. Ct.
2491 (2001). Under Zadvydas, ICE cannot detain such aliens
beyond a six month period if there is no significant likelihood
of removal in the reasonably foreseeable future. While there
are rare exceptions, such as for aliens with highly contagious
diseases, aliens who pose serious adverse foreign policy
consequences of release, security or terrorism concerns, and
aliens found after a hearing to be ``specially dangerous''
criminal aliens, the Zadvydas decision requires ICE to release
nearly all such aliens while ICE continues working to
effectuate their removal.
From October 2009 through March 2011, ICE released 12,567
individual aliens, including both criminal and noncriminal
aliens, under the terms of the Zadvydas settlement. Of this
amount, only 7 percent or 868 individuals were re-booked into
ICE custody for meeting exceptions. Media reports have noted
the number of criminal aliens who have used this opportunity to
again commit grievous crimes in communities across the United
States.
In April 2011, ICE signed a Memorandum of Understanding
(MOU) with the Department of State Bureau of Consular Affairs
(DOS/CA) in an effort to decrease delays in the removal process
and increase compliance among countries that systematically
refuse or delay repatriation of their nationals. The MOU
outlined a number of steps that the U.S. Government would take,
including more severe actions such as considering visa
sanctions. The Committee directs ICE to provide a detailed
report on this issue providing data for fiscal years 2011 and
2012, including: a list of countries that are routinely
recalcitrant in providing travel documents or accepting return
of their nationals; the average number of days that issuance
takes for each country; and the number of aliens by country of
origin released from ICE custody due to Zadvydas. Further, ICE
shall outline the steps that it has taken, in conjunction with
DOS/CA, to facilitate better cooperation with these nations
since April 2011, highlighting any progress that has been made
as a result. ICE shall submit this report no later than
December 1, 2012.
The Committee is gravely concerned about the already
realized impacts on public safety of release of criminal aliens
due to the impact of Zadvydas. The Committee encourages ICE and
DOS/CA to take more dramatic steps, where warranted, to move
countries into compliance with their responsibilities under
international law.
FUGITIVE OPERATIONS
The Committee recommends $145,325,000 for fugitive
operation, including increases over the request to restore
287(g); restores mission support cuts; and realigns $10,000,000
from OI for enforcement related to criminal aliens on probation
and parole. The recommendation also includes an increase of
$2,000,000 for procurement and operation of mobile, biometric
readers for use by Fugitive Operations Team (FOT) to identify
all illegal aliens encountered in their operations.
The Committee strongly supports the efforts of the FOTs to
locate, arrest, and remove fugitive aliens from the United
States. Fugitive aliens include those who have failed to leave
the United States based upon a final order of removal,
deportation or exclusion, or who have failed to report to ICE
after receiving notice to do so. The FOTs are also responsible
for locating and arresting at-large convicted criminal aliens.
For that reason, the Committee recommends realigning
responsibility for prioritizing, locating, and arresting
criminal aliens on parole and probation from Domestic
Investigations to Fugitive Operations.
CRIMINAL ALIEN PROGRAM
The Committee recommends $216,510,000 for the Criminal
Alien Program (CAP), an amount that includes an increase of
$656,000 for additional biometric readers for CAP teams.
ALTERNATIVES TO DETENTION
The Committee recommends $91,460,000 for ICE Alternatives
to Detention (ATD) programs, including the requested reductions
and denying the proposed pay increase. Of the total,
$19,903,000 is recommended for expansion, half the proposed
increase. The Committee continues to support this program and
the enrollment of immigration detainees in the program who pose
neither a flight risk nor a risk to public safety or national
security, pursuant to meeting ICE enrollment criteria for the
program.
While ATD can be highly effective for the appropriate
population, the Committee remains concerned that program goals
are hampered by two factors: (1) the Government's ability to
move ATD cases through the non-detained docket in a timely
manner; and (2) appropriate decisions regarding the type of ATD
to apply, specifically the amount of supervision involved.
Therefore, the Committee directs ICE to address both of these
issues in its utilization of program funds. First, the
Committee directs ICE, in partnership with EOIR, to expand the
Fast Track pilot programs conducted in Baltimore and Miami
through which ATD cases were prioritized in the non-detained
docket. As a result of the existing and expanded pilots, ICE
shall identify and implement actionable best practices for non-
detained docket processing to reduce the cycle time on ATD and
associated costs. ICE shall brief the Committee quarterly on
the Fast Track pilots and the progress being made towards these
goals.
Second, with respect to the appropriate supervision level,
the Committee expects ICE to utilize the appropriate level of
supervision warranted by the individual enrolled in ATD. The
Committee has become aware that, in the past two years, ICE has
increased the use of ``telephonic reporting only'' where the
participant is called once a month (from 3,092 to 10,346, an
increase of 234 percent), which is the least restrictive and
lowest cost option. However, unfortunately, it is also the
least effective means of successful removal--at 47 percent. The
Committee emphasizes that effective ATD should result in
timely, final disposition by the immigration court and, in most
cases, successful removal.
SECURE COMMUNITIES
The Committee continues its strong support of the Secure
Communities program and recommends $138,249,000, to complete
its deployment nationwide. Despite the Administration's delay
of deploying Secure Communities fully in Alabama, the program
continues to deploy apace. The Committee expects and encourages
full deployment as early as March 2013. In fiscal year 2014,
the Committee expects Secure Communities to become part of
ICE's steady-state operations. As such, continuing a separate
funding line should no longer be necessary. However, the
Committee expects to continue receiving enforcement data
pertaining to Secure Communities.
The Committee remains gravely concerned about State and
local jurisdictions flouting ICE detainers and releasing aliens
who clearly pose a risk to public safety. Further, the
Committee can imagine a scenario by which an alien who poses a
national security risk slips through law enforcement fingers as
a result of such a release. The Committee directs the
Department to update the Committee no later than September 1,
2012 on the number of jurisdictions failing to honor ICE
detainers, the number of individuals released as a result, and
the number of those individuals remaining at large as a result.
As in past years, the Committee requires ICE to continue
quarterly reporting on the Secure Communities program,
including requirements outlined in the Joint Explanatory
Statement accompanying the fiscal year 2012 DHS Appropriations
Act (P.L. 112-74) and to submit those reports within 45 days of
the close of the quarter. Further, funds were provided in
fiscal year 2012 to undertake digitization of paper fingerprint
cards from legacy immigration files. The Committee directs ICE
to provide an update on this effort no later than July 1, 2012.
ICE SUPPORT TO STATE AND LOCAL LAW ENFORCEMENT
The Committee's recommendation restores funding for the
287(g) program across PPAs as the cuts were proposed, ensuring
that no less than $68,321,000 is applied to this program. The
Committee continues to support 287(g) as a key program to
assist the Federal Government in effective enforcement of
immigration laws. ICE's cross-designation of more than 1,500
State and local patrol officers, detectives, investigators and
correctional officers allows them to pursue a wide range of
investigations, such as human smuggling, gang/organized crime
activity, and money laundering. In addition, participating
entities are eligible for increased resources and support in
more remote geographical locations.
Every law enforcement organization has a strong interest in
upholding the highest standards of conduct and avoiding the
unlawful use of race, ethnicity, and national origin in law
enforcement activities. Until the Department releases its
Secure Communities training module on this topic, the Committee
directs ICE to immediately make available, to all law
enforcement entities, the 287(g) training materials associated
with avoiding racial and ethnic profiling. If ICE determines
that such materials are not adequate, ICE shall immediately
notify the Committee as to why and then work with the
Department of Justice to ensure immediate access to appropriate
materials. ICE shall notify the Committee no later than 15 days
after the date of enactment of this Act on the specific steps
taken to comply with this direction as well as the expected
date of release of the Secure Communities training module. The
Committee continues a provision first enacted in the fiscal
year 2009 DHS Appropriations Act that requires ICE to cancel
any 287(g) agreements where the Inspector General has
determined the terms of the agreement have been violated.
DETENTION STANDARDS
The Committee continues to be interested in ensuring that
ICE maintains appropriate detention standards and notes that
tremendous progress has been made in the past six years toward
that end, including necessary reforms initiated by the prior
Administration and continued under the current Administration.
However, the Committee questions whether the recently-issued
2011 Performance-Based National Detention Standards (PBNDS)
require services beyond what is appropriate or necessary.
Further, it is evident that ICE did not consider cost in
assessing these requirements. In developing future iterations
of the PBNDS and in contracting for detention services, ICE
shall consider the cost implications of its requirements and
budget accordingly.
Further, in ensuring that ERO operations and detention
facilities meet the standards, the Department and ICE have
instituted duplicative layers of oversight and bureaucracy that
may actually hamper effective operations. The Committee
encourages ICE leadership to consider streamlining the many ICE
offices and complaint processes that are in place today.
Further, before creating any new positions or offices
responsible for overseeing or engaging in issues related to
detention and removal operations, ICE is directed to document
why the new position or office is necessary, how much the
position or office will cost, and how such a position or office
does not duplicate responsibilities and functions already
instituted in another position or organization.
The Committee has encouraged ICE to consider compliance
with the requirements of the Prison Rape Elimination Act (PREA)
in its detention operations. On March 8, 2012, in testimony
before the Committee, the ICE Assistant Secretary stated that
ICE will comply with the PREA and, in fact, may be the first
major detention system to be fully compliant. The Committee
applauds ICE's efforts in this area.
HIRING AND STAFFING REPORTS
The Committee directs ICE to continue submitting staffing
and hiring reports but on a quarterly basis.
Automation Modernization
Appropriation, fiscal year 2012....................... $21,710,000
Budget estimate, fiscal year 2013..................... 30,500,000
Recommended in the bill............................... 232,006,000
Bill compared with:
Appropriation, fiscal year 2012..................... +210,296,000
Budget estimate, fiscal year 2013................... +201,506,000
MISSION
The Automation Modernization account funds major
information technology projects and operations for ICE.
RECOMMENDATION
The Committee recommends $232,006,000 for Automation
Modernization, an increase of $201,506,000 above the request.
The significant increase above the request and prior years
reflects two significant realignments of funding: (1)
$161,564,000 from Salaries and Expenses to consolidate funds
for Information Technology in one account; and (2) $41,042,000
from US-VISIT for the management of the Arrival Departure
Information System (ADIS) that is essential to overstay
analysis operations transferred to ICE's Office of
Investigations. The recommendation for IT investment denies the
proposed pay raise and restores $4,505,000 associated with the
budget request proposal to reduce the 287(g) program, which the
Committee rejects. The funding level is reduced by $1,100,000
due to ICE's failure to provide statutorily required reports
and due to the flawed budget request regarding CBP's access to
fee collections. The following table illustrates funding by
PPA:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
IT Investment..................... - - -* $201,506,000
TECS Modernization................ $23,000,000 23,000,000
Detention and Removals 4,000,000 4,000,000
Modernization....................
Electronic Health Records......... 3,500,000 3,500,000
-------------------------------------
Total, Automation $30,500,000 $232,006,000
Modernization................
------------------------------------------------------------------------
*Request in Salaries and Expenses is $157,188,000.
TECS MODERNIZATION
The Committee directs CBP and ICE to brief the Committee no
later than September 1, 2012 on the status of modernization
efforts. In addition, the bill continues a requirement for a
multi-year investment and management plan to be provided at the
time of the President's budget submission and updated on an
annual basis to fully justify requested funds for this activity
and other activities under this account, as well as project
future-year requirements and funding levels. This plan is
necessary for the Committee's oversight activities.
OTHER MODERNIZATION EFFORTS
The Committee strongly supports the eHR (electronic health
records) initiative for detainees, though funding required to
support frontline operations must be the priority. The
Committee encourages ICE to look for creative ways within funds
available to more efficiently and effectively manage detainee
health records while it is working towards eHR.
The Committee also notes that the limitations of ICE's IT
systems are severely hampering ICE's ability to quickly and
accurately report operations and enforcement data, particularly
to the Congress. As a result, the Committee directs ICE to
dedicate no less than $2,000,000 from IT investment funds in
fiscal year 2013 to begin improving these capabilities,
starting with enhancements to the Crime Entry Screen and the
Automated Threat Prioritization system to facilitate unique
identification of criminal aliens encountered and processed.
ADIS
The Committee recommends transfer of full responsibility
for overstay analysis from US-VISIT to ICE, which includes the
management of ADIS. A total of $41,042,000 is included in
Automation Modernization as a result.
IMPROVING TECHNOLOGY TO REDUCE DUPLICATION OF EFFORT
Since fiscal year 2008, ICE has spent approximately
$12,000,000 for a contractor to upgrade the Alien Criminal
Response Information Management System (ACRIMe) to allow ICE's
field personnel to review the Law Enforcement Support Center's
research on immigration status inquiries of individuals
arrested or encountered by local law enforcement agencies. In
an April 2012 report (OIG-12-64), the OIG noted that the
initial attempt to modernize ACRIMe did not function as
intended. For that reason, ICE hired a new contractor in
October 2011, but it does not have a new timeline for ACRIMe
improvements. The Committee directs ICE to brief the Committee
no later than 90 days after the date of enactment of this Act
on its milestones and costs for ACRIMe modernization to address
this operational problem.
Construction
Appropriation, fiscal year 2012....................... - - -
Budget estimate, fiscal year 2013..................... $5,000,000
Recommended in the bill............................... 5,450,000
Bill compared with:
Appropriation, fiscal year 2012..................... +5,450,000
Budget estimate, fiscal year 2013................... +450,000
MISSION
The Construction account supports maintenance of ICE's
owned and directly leased facilities.
RECOMMENDATION
The Committee recommends $5,450,000 for Construction, an
increase of $450,000 above the request. ICE is commended for
delineating the projects and funding levels requested for this
account. As the Committee is aware of additional facility and
maintenance needs, additional funds are included. The Committee
directs ICE to provide updated costs and project information in
periodic briefings.
Transportation Security Administration
Aviation Security
Appropriation, fiscal year 2012....................... $5,253,956,000
Budget estimate, fiscal year 2013..................... 5,098,639,000
Recommended in the bill............................... 5,041,230,000
Bill compared with:
Appropriation, fiscal year 2012..................... -212,726,000
Budget Estimate, fiscal year 2013................... -57,409,000
MISSION
Aviation security is focused on protecting the air
transportation system against terrorist threats, sabotage and
other acts of violence through deployment of passenger and
baggage screeners; detection systems for explosives, weapons,
and other contraband; and other, effective security
technologies.
RECOMMENDATION
The Committee recommends $5,041,230,000 for Aviation
Security, $57,409,000 below the amount requested and
$212,726,000 below the amount provided in fiscal year 2012.
Funds within this account are partially offset through the
collection of security user fees paid by aviation travelers and
airlines. A comparison of the budget estimate to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Screening Operations.............. $4,022,439,000 $3,969,569,000
Aviation Security Direction and 1,076,200,000 1,071,661,000
Enforcement......................
[Mandatory Aviation Security [250,000,000] [250,000,000]
Capital Fund\1\].................
-------------------------------------
Subtotal, Aviation Security... $5,098,639,000 $5,041,230,000
------------------------------------------------------------------------
\1\The Aviation Security Capital Fund is not included in the Subtotal
for aviation security because it is not directly appropriated and is
paid for entirely from user fees.
AVIATION SECURITY FEES
In total, the Committee applies the Congressional Budget
Office (CBO) estimate for the collection of $2,070,000,000 in
current aviation security user fees, the same amount the budget
claims, and $40,000,000 above the fiscal year 2012 collection
estimate. These fees will be collected from both aviation
passengers and the airlines and will partially offset the
Federal appropriation for aviation security. However, it is
important to note that the Committee estimate does not reflect
implementation of the Administration's proposed increase in
aviation security fees, which resulted in nearly $115,000,000
in chimerical offsets, because necessary new authorization
legislation has not been enacted--legislation that is not under
the jurisdiction of this Committee. Because of the
Administration's continued reliance upon the unauthorized,
fictitious offset of increased aviation security fees, the
Committee has been forced to reduce the funding for every
management and administrative office across the Department.
SCREENING OPERATIONS
The Committee recommends $3,969,569,000 for passenger and
baggage screening operations, $52,870,000 below the amount
requested and $198,062,000 below the amount provided in fiscal
year 2012. This recommendation would support current operations
and all currently programmed acquisitions, including 1,250
Advanced Imaging Technology (AIT) systems for passenger
screening and Advanced Technology x-ray systems. However, the
recommendation does not fund the proposed fiscal year 2013 pay
raise and reflects a reduction of 75 Behavior Detection
Officers (BDOs), returning to the fiscal year 2012 level of
full time equivalent officers. It also reflects a funding level
of $100,000,000 for Explosive Detection System (EDS)
procurement and installation, rather than the $117,349,000
requested. An increase of $15,000,000 above the level provided
in fiscal year 2012 is provided for the Screening Partnership
Program (SPP) to support expansion to at least one additional
airport and accommodate other applicants. The Committee
emphasizes that the cuts to Personnel, Compensation, and
Benefits and to the BDO program are in part offset by increases
to the SPP program, and reflect the Committee's intention that
TSA move aggressively toward a leaner organizational and
mission approach to its screening and security missions. The
Committee believes there must be a better balance between
personnel and technology, public and private capabilities, and
increased use of risk-based strategies in organization,
operations, staffing, and acquisitions.
As in fiscal year 2012, the Committee for fiscal year 2013
has chosen to make these reductions primarily to compensate for
the lack of aviation security fee revenue built into the
Administration's budget. The Committee recognizes the need to
recapitalize the EDS technology currently in place throughout
the Nation and expects that TSA will ensure that funding
provided is targeted at those systems most in need of
replacement or upgrades. The reduction in BDOs is taken in part
because the positions are not directly tied to passenger
processing and because, notwithstanding the fact that BDO's
afford another ``layer'' of security, TSA has yet to
demonstrate clear evidence that deployment of BDOs provides
protection against potential aviation security threats.
A comparison of the budget estimate to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Screener Workforce:
Privatized Screening.......... $143,190,000 $158,190,000
Screener Personnel, 3,107,649,000 3,057,128,000
Compensation and Benefits....
-------------------------------------
Subtotal, Screener Workforce.. 3,250,839,000 3,215,318,000
Screener Training and Other....... 225,012,000 225,012,000
Checkpoint Support................ 120,239,000 120,239,000
EDS/ETD Systems:
EDS Procurement and 117,349,000 100,000,000
Installation.................
Screening Technology 309,000,000 309,000,000
Maintenance and Utilities....
-------------------------------------
Subtotal, EDS/ETD Systems..... 426,349,000 409,000,000
-------------------------------------
Total, Screening $4,022,439,000 $3,969,569,000
Operations...............
------------------------------------------------------------------------
PRIVATIZED SCREENING
The Committee recommends $158,190,000 for privatized
screening, $15,000,000 above the amount requested and
$13,997,000 above fiscal year 2012. Sixteen airports currently
participate in the Screening Partnership Program (SPP). The
Committee notes that TSA has changed its disposition toward
considering new applicants to the program, prompted in part by
Congressional action, and has recently approved the application
of a seventeenth candidate airport. The Committee has,
therefore, increased funding above the fiscal year 2012 level
to ensure adequate resources to support potential new SPP
participants and to encourage TSA to make greater use of the
valuable program. In addition, the Committee expects TSA, as it
assesses those airports that seek to renew their contracts or
those that are new applicants, will keep stakeholders at such
airports fully informed and consulted prior to implementation
of any status changes. The Committee expects TSA to approve
applications of airports seeking to participate in the SPP that
meet legislatively mandated criteria. The Committee notes that
the recently enacted Federal Aviation Administration (FAA)
reauthorization Act (Public Law 112-95) shifts consideration of
new SPP airports into a ``default position of being approved,''
requiring TSA to accept the airport unless it is demonstrably
detrimental to cost-efficiency or security. The Committee,
therefore, directs TSA to report no later than 90 days after
the date of enactment of this Act on how it is complying with
the FAA reauthorization act provisions and the extent to which
it is implementing GAO recommendations to compare cost and
performance of SPP and non-SPP airports. The report should also
address how TSA is addressing court rulings related to its
administration of the SPP program.
TSA shall provide the Committees on Appropriations
quarterly reporting on its execution of the SPP program and
processing of applications for participation, including the
status of applications by date of application and date of
decision.
SCREENER PERSONNEL, COMPENSATION, AND BENEFITS
The Committee recommends $3,057,128,000 for Screener
Personnel, Compensation, and Benefits, $50,521,000 below the
budget request, and $31,357,000 above fiscal year 2012. This
funds the current services costs for current screeners,
including those needed for the 1,250 new AIT systems funded to
date but does not include funding for a fiscal year 2013 pay
raise, and it reduces funding for BDOs, as noted above. The
Committee continues language that restricts funding from being
used to hire additional full-time screeners if the result would
be to exceed a total number of 46,000 full-time equivalent
screeners. The Committee notes with approval that TSA has shown
great progress in reducing injuries amongst its screener corps,
thereby improving their availability and productivity and
lowering attrition. While the Committee continues to support
dedicated TSA screener personnel as they strive to ensure the
safety of the traveling public and our civil aviation system,
it remains a matter of concern that the growth in staffing for
checkpoint and related security operations, temporarily
increased due to the staffing needs of current AIT and
checkpoint configurations, needs to be re-engineered to reflect
the impact of technology and more rational risk-based
approaches. The latter includes the PreCheck pilots being
introduced at airports nationwide. The Committee, therefore,
retains the limitation of full-time screener staffing to compel
TSA and the Department to optimize the balance between
technology and screener personnel.
BEHAVIOR DETECTION OFFICERS
The Committee reduces funding by $7,700,000 for BDOs under
Screener Personnel, Compensation, and Benefits. As noted above,
the Committee has been forced to fill a TSA budget shortfall
due to unauthorized fee revenue that the President's budget
request assumed would be enacted. Moreover, the Committee
believes that outstanding questions remain over the value of
the BDO program, which has not been sufficiently validated and
for which few measures have been developed to prove its
intrinsic value to the aviation security environment.
Essentially, the Committee remains unconvinced that the BDO has
established its effectiveness against this core standard.
Therefore, as the Committee has noted before, TSA should apply
a formal cost-benefit analysis to the BDO/SPOT program to
establish the impact the program has on aviation security per
se, as recommended by the Government Accountability Office, and
develop a robust risk-based strategy for deploying BDOs. The
Committee also continues to recommend that TSA implement
standardization testing on an annual basis at those airports
where SPOT is established.
SCREENER TRAINING AND OTHER
The Committee recommends $225,012,000 for Screener Training
and Other, the same as requested and $24,784,000 below fiscal
year 2012. Given the known threats to aviation security, the
Committee expects TSA's Office of Inspection and OIG to enhance
their periodic red team investigations to better emulate the
latest threats and identify vulnerabilities that can be used to
improve screener training and the use of screening technology.
TSA must ensure its screeners are trained against the most
current threats and receive such training as frequently as
feasible within the constraints of meeting their work schedule.
Such training should be calibrated to measurably reduce
operational and technological vulnerabilities identified by red
teams and improve the productivity of screener operations
overall.
CHECKPOINT SUPPORT
The Committee recommends $120,239,000 for Checkpoint
Support, the same as requested and $84,529,000 below the amount
provided in fiscal year 2012. The Committee is aware that while
this funding will not be used for additional AIT systems, it
will go to support enhanced baggage screening technology and
that work continues on next generation AITs. The Committee is
keenly aware that the checkpoint continues to be a major
challenge both for security and for the efficiency of passenger
processing, and expects to see improvements going forward both
in terms of the application of risk-based analysis (e.g., the
PreCheck approach to identifying lower risk travelers) as well
as new configurations of technology to reduce the number of
screener personnel required.
PASSENGER SCREENING WAIT TIMES
The Committee notes that TSA is deploying new technology at
its checkpoints to help reduce passenger wait times, including
innovative approaches to measuring wait times (therefore
providing TSA managers with information that could be used to
adjust screener assignments to reduce delays), automated
document readers, and similar technology. The Committee directs
TSA to provide a briefing no later than 90 days after the date
of enactment of this Act on progress in meeting the objective
of keeping average passenger wait times to ten minutes or less.
TSA is also directed to brief the Committee at that time on the
wait times at screening checkpoints where automated wait time
measurement technology has been deployed.
EXPLOSIVE DETECTION SYSTEMS PROCUREMENT AND INSTALLATION
The Committee recommends $100,000,000 for EDS Procurement
and Installation, $17,349,000 below the budget request and
$122,738,000 below the amount provided in fiscal year 2012.
Including the existing mandatory Aviation Security Capital Fund
of $250,000,000, the total appropriation (both mandatory and
discretionary) for EDS procurement and installations is
$350,000,000 for fiscal year 2013. Within this total,
$160,600,000 is for installation of electronic baggage
screening equipment; $166,600,000 is to procure EDS for
deployment to support projects where facility modifications are
completed from prior year funds and to recapitalize existing
equipment; $4,000,000 is to install advanced surveillance
systems; and $18,800,000 is for payroll.
Although the Committee acknowledges the progress of TSA in
installing EDS systems, and the need to recapitalize its aging
inventory, the recommended funding level reflects the reality
that the Committee is forced to offset the as yet unauthorized
aviation security fee increase built into the budget request.
The Committee continues to follow with interest TSA's study of
the possibility of consolidating checkpoint and baggage
screening at certain smaller airports (Category 3 and 4
airports) and asks TSA to advise the Committee of progress
being made in this effort.
The Committee retains language added in fiscal year 2012 to
permit funds in the Aviation Security Capital Fund to be used
for acquisition of new and replacement EDS systems. The
Committee expects TSA will ensure that there are sufficient
balances in the Capital Fund to support currently known and
validated needs for facility build out.
In addition, the Committee is aware that, while TSA must
prioritize its EDS funding for installation and
recapitalization, there remain claims from airports for
reimbursement for costs previously incurred for eligible costs
associated with construction and deployment of in-line baggage
screening systems. As a result of not receiving reimbursement,
the Committee understands some local airports have delayed
further security and capital investments, which could be a
source of risk in the aviation security environment. The
Committee, therefore, recommends TSA establish a process to
resolve such claims expeditiously, particularly from airports
that have been awaiting reimbursement the longest.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES
The Committee recommends $309,000,000 for Screening
Technology Maintenance and Utilities, the same as the amount
requested and $11,365,000 below fiscal year 2012. The Committee
expects that two year warranty contracts that TSA is
negotiating for its new AIT machines will continue to generate
savings for new systems deployed in fiscal years 2013-14.
AVIATION SECURITY DIRECTION AND ENFORCEMENT
The Committee recommends $1,071,661,000 for Aviation
Security Direction and Enforcement, $4,539,000 below the budget
request and $14,664,000 below the amount provided in fiscal
year 2012. The following table highlights funding levels by
PPA:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Aviation, Regulation and Other $371,989,000 $374,489,000
Enforcement......................
Airport Management and Support.... 569,615,000 549,615,000
Federal Flight Deck Officer and 12,500,000 25,461,000
Flight Crew Training.............
Air Cargo......................... 122,096,000 122,096,000
-------------------------------------
Subtotal, Aviation Security $1,076,200,000 $1,071,661,000
Direction and Enforcement....
------------------------------------------------------------------------
AVIATION REGULATION AND OTHER ENFORCEMENT
The Committee recommends $374,489,000 for Aviation
Regulation and Other Enforcement, $2,500,000 above the budget
request and $4,505,000 above fiscal year 2012. This includes an
increase of $4,000,000 to support an increase of 24 canine
teams for domestic inspections in the air cargo and aviation
regulation environments in recognition of the effectiveness of
canine operations in the detection of materials and explosives
that threaten aviation security. The recommendation also
reflects a reduction of $1,500,000 for visible intermodal
protection and response (VIPR) teams, which have experienced
significant delays in hiring.
The Committee notes that this funding level sustains the
initiative for Air Cargo Aviation Security enhancements,
consisting of $3,500,000 and 14 positions supporting
improvements to international air cargo security.
AIRPORT MANAGEMENT AND SUPPORT
The Committee recommends $549,615,000 for Airport
Management and Support, $20,000,000 below the budget request
and $20,611,000 below fiscal year 2012. This reduction is
intended to partially offset the shortfall created by the
inclusion of unauthorized aviation security fees in the budget.
FEDERAL FLIGHT DECK OFFICERS
The Committee supports sustaining the Federal Flight Deck
Officer (FFDO) program, which the President's budget proposes
cutting in half, and believes that the presence of armed and
trained pilots and flight crew complement all the other
security measures in the aviation security domain and represent
a true last-line-of-defense aboard an aircraft. The Committee,
therefore, restores the funding to the fiscal year 2012 level,
or $25,461,000.
Additionally, the Committee directs TSA to provide a
briefing no later than 60 days after the date of enactment of
this Act detailing the recertification process for FFDOs,
including the number of FFDOs enrolled, the latest data on
recertification, an assessment of how well the program is
meeting demand for participation, and an overview of how TSA is
ensuring that training is available in a sufficient number of
locations.
FOREIGN REPAIR STATION SECURITY REGULATIONS
The Committee is concerned about the lack of progress made
regarding an important security rule that impacts our Nation's
aviation industry. Congress directed TSA to promulgate aircraft
repair station security regulation in the 2003 Vision 100-
Century of Aviation Reauthorization Act, and the 9/11 Act. In
2009, TSA finally issued a notice of proposed rulemaking for
public comment on repair station security regulations. The
Committee understands TSA sent a final rule to the Department
of Homeland Security for review in spring of 2011.
Unfortunately, that rule has not moved forward, and this
failure to act has inhibited the ability of industry to compete
in the global market place.
The Committee is extremely concerned that a rule directed
by Congress to raise security standards has languished for
years, and believes it should move forward expeditiously. In a
December 2011 letter to stakeholders, TSA stated that it
anticipated a final rule would be finished by the fourth
quarter of 2012. Based on past performance, the Committee has
little confidence that TSA and DHS will meet this deadline.
Therefore, the Committee has included a provision that will
limit funding for the Department's Office of General Counsel
until the final rule is published. The Committee does not take
this step lightly, but lack of progress on an important
security rule warrants this action.
AIR CARGO
The Committee recommends $122,096,000 for air cargo, the
same as requested and $1,442,000 above fiscal year 2012. This
sustains the $6,000,000 for cargo security initiatives provided
in fiscal year 2012, along with corresponding funding described
above under Aviation Regulation and Other Enforcement, for
initiatives to enhance air cargo inspection and other security
oversight and improvements. While TSA has met its goal of 100
percent of domestic air cargo screening, the Committee
continues to support TSA efforts to achieve 100 percent system-
wide screening of air cargo on passenger aircraft, to include
originating from last point of departure airports overseas. The
initiative funding may be used to enhance inspection,
investigation, and monitoring efforts, including on all-cargo
airlines. The Committee continues a requirement for an
expenditure plan for air cargo investments.
The Committee notes that TSA continues to collaborate with
foreign governments and air carriers to meet the 9/11 Act
requirement to screen all air cargo bound for the United
States, helping such governments align cargo screening methods
to TSA standards. The Committee continues to include statutory
language requiring TSA to report quarterly on its progress in
meeting the 9/11 Act screening deadline for air cargo coming
from overseas until the deadline is met.
RISK-BASED APPROACHES TO PASSENGER SCREENING
The Committee has been encouraged to hear, both in
testimony this year as well as in reporting related to pilot
efforts now being field tested, that TSA is actively pursuing
ways to apply a more risk-based approach to its screening and
security systems and procedures. PreCheck, a limited scope
``trusted traveler'' program, is currently being tested at a
number of airports where participants, who volunteer
information about themselves for additional government review
prior to flying, are eligible for expedited screening at those
airports. In its pilot phase, certain frequent fliers with
particular air carriers, and participants in the CBP Global
Entry program flying on participating carriers, are eligible.
PreCheck is currently being piloted with three airlines and at
28 U.S. airports. In 2012, TSA plans to expand the program to
four airlines and a total of 50 airports. Along other lines,
TSA is implementing adjustments in its protocols for generally
lower-risk populations (children, elderly, or military
personnel on official travel).
The Committee would note that the data TSA has available on
PreCheck participants varies significantly, with much more
personal and biographic information supplied by those in
existing trusted traveler programs such as Global Entry than is
supplied to TSA for those selected by virtue of their
membership in frequent flyer programs. The Committee,
therefore, encourages TSA to use its existing statutory
authority, under the Aviation Transportation Security Act, to
continue to develop, test, and expand the PreCheck program for
U.S. citizens who voluntarily submit to a security threat
assessment and criminal history background check, including
possibly a review of biometric data, and in accordance with
applicable privacy laws and standards. Such threat assessments
and background checks could be conducted by TSA as part of a
trusted traveler enrollment process, utilize publicly-available
commercial data, and should include appropriate constitutional
privacy and civil liberties protections. The Committee
encourages TSA to examine ways to provide participants in such
a program with a streamlined and distinct checkpoint screening
process. The Committee also encourages TSA to move forward in
considering the potential of enrolling likely low-risk
populations, such as U.S. citizens possessing current Top
Secret security clearances, in such a trusted traveler program,
and encourages DHS to coordinate development of the program
with trusted traveler programs operated by CBP. The Committee
directs TSA to brief the Committees on a biannual basis
beginning no later than 90 days after the date of enactment of
this Act on progress in developing and applying trusted
traveler approaches and any legal or budgetary impediments to
their implementation. The briefing should also identify savings
and efficiencies generated by these efforts.
Additional discussion of this issue is included in the
classified annex to this report.
PERSONAL SEARCHES OF FAMILIES TRAVELING WITH CHILDREN
The Committee is aware that parents and guardians traveling
with young children present a unique challenge to TSA, when a
personal search is required of either adults or their minor
children. It is particularly important that TSA, while carrying
out any pre-boarding inspections of passengers, not separate
children from their parents or guardians. The Committee directs
TSA, in processing such travelers, to comply with the
requirements set forth in section 540 in the bill, requiring
that TSA respect the civil rights and privacy of individuals,
with particular sensitivity to children traveling with their
parents and guardians, and exercise sensitivity in handling
such travelers so as to minimize any distress or discomfort.
SECURITY DIRECTIVES
The Committee understands that the aviation community and
Congress have expressed concerns in recent years over the
apparent overuse by the TSA Administrator of authority to issue
security regulations and directives using emergency procedures,
rather than follow established regulatory processes. As a
result, the issuance of such rulings has not been limited to
any period of duration, causing economic difficulties for the
pilots and aviation industry operators with no clear link to a
specific threat situation. While the Committee recognizes that
such emergency authority was established to allow TSA to put in
place rapidly countermeasures needed to address emerging
threats, there should be a distinction between those of limited
duration or scope, and those that require a permanent or long-
term change in security measures and practices. The Committee,
therefore, urges TSA to work with the industry on a way forward
to normalize its approach to the set of security procedures
required and utilize regulatory action in lieu of the current
overreliance on emergency authority.
CANINE TEAMS
The Committee is aware of the important role canine teams
play in assisting in the screening of air cargo and in
supporting efforts to prevent explosives from being introduced
into mass transit and other transportation systems. TSA has
funded 518 local law enforcement officer-led units at 78
airports nationwide, where they divide their efforts between
cargo screening and associated facilities and are joined by 120
proprietary (federally handled) passenger screening teams that
focus on 30 high-volume airports. There are also 23 multi-modal
Federal canine teams and 120 proprietary canine teams that
focus on the top 20 domestic airports with the greatest
passenger air cargo, as well as 117 teams dedicated to mass
transit security at 18 locations. The Committee, as noted
above, has included funding for an additional 24 teams for the
aviation environment, as well as an additional 26 teams in the
surface environment (see below). It is the Committee's
expectation that this enhancement of a total of 50 new canine
teams will permit TSA to build up its current rate of
deployment and training and move closer to higher screening
percentages and more effective screening operations.
To better understand how the National Explosives Detection
Canine Training Program can contribute more broadly to national
requirements for canine detection capability, the Committee
directs TSA to brief the Committees no later than 90 days after
the date of enactment of this Act on current and potential ways
in which TSA can help meet such needs.
FIVE-YEAR STRATEGIC PLAN OF INVESTMENTS
In the statement of managers accompanying the fiscal year
2012 DHS Appropriation Act, TSA was directed to submit, at the
time the President's fiscal year 2013 budget was submitted, a
five-year strategic plan for each of its passenger screening
technology acquisitions. The report was to include projected
spending for fiscal years 2013-2017, to provide an estimate for
total cost for each acquisition, and to provide an estimated
completion date for each technology. The Committee is
displeased that the report has not been submitted, over three
months after the budget has been submitted--for a program that
has no significant acquisitions planned in fiscal year 2013. It
is essential that TSA provide this level of detail to the
Committees on Appropriations to enable them to better
understand future acquisition and resource needs. The Committee
directs TSA to submit the required report as soon as possible,
and to provide the next five-year plan promptly with the
submission of the fiscal year 2014 budget request.
DISPOSITION OF UNCLAIMED MONEY AND ASSISTANCE TO MILITARY PERSONNEL AND
THEIR DEPENDENTS
The Committee includes a general provision that would
repeal section 44945 of title 49, United States Code. This
provision, originally adopted as section 515 of the fiscal year
2005 Department of Homeland Security Appropriations Act (Public
Law 108-334), specifically authorized and directed unclaimed
money that is collected at airport security checkpoints to be
used for civil aviation security. However, in practice the
funds have been little used, and as a result the Committee has
rescinded large unobligated balances of such funds.
The Committee is aware members of the armed services and
their families have an ongoing and substantial need for support
as they travel domestically. The Committee therefore directs
TSA to continue to retain unclaimed money currently recovered
at airport security checkpoints. The Committee further directs
TSA, in consultation with the Secretary of Defense, to transfer
current and future balances of unclaimed money to nonprofit
organizations that are selected on a competitive basis to
operate airport centers in multiple locations throughout the
United States to provide a place of rest and recuperation for
members of the armed forces and their families. In implementing
this action, TSA shall ensure that small airports have a
mechanism for transferring unclaimed money to TSA headquarters,
which shall consolidate the collections.
The Committee directs the Administrator of TSA to submit
not later than 180 days after the date of enactment of this
Act, and annually thereafter, to the House Committees on
Appropriations, Armed Services, and Homeland Security, a report
that contains a detailed description of the amount of unclaimed
money recovered in total and at each individual airport, and
the amount of unclaimed money transferred to the aforementioned
nonprofit organizations and the dates of such transfers.
Surface Transportation Security
Appropriation, fiscal year 2012....................... $134,748,000
Budget estimate, fiscal year 2013..................... 124,276,000
Recommended in the bill............................... 126,418,000
Bill compared with:
Appropriation, fiscal year 2012................... -8,330,000
Budget Estimate, fiscal year 2013................. +2,142,000
MISSION
Surface Transportation Security is responsible for
assessing the risk of terrorist attacks for all non-aviation
transportation modes, issuing regulations to improve the
security of those modes, and enforcing regulations to ensure
the protection of the transportation system.
RECOMMENDATION
The Committee recommends $126,418,000 for Surface
Transportation Security, $2,142,000 above the amount requested
and $8,330,000 below the amount provided in fiscal year 2012.
Within this total, $36,353,000 is for staffing and operations
and $90,065,000 is for surface transportation security
inspectors and canines. This reflects no funding for a
requested fiscal year 2013 pay raise, and reflects an increase
of $4,500,000 for an additional 26 surface canine teams for
passenger and cargo screening in the mass transit and maritime
domain. It also reflects a reduction of $2,000,000 from VIPR
teams, which have experienced significant delays in hiring.
TRANSPORT OF SECURITY-SENSITIVE MATERIALS
The Committee encourages TSA to diligently pursue
implementation of programs required by and authorized pursuant
to Section 1554 of the 9/11 Act as part of their mission to
improve security of surface transportation modes and to develop
risk management systems for shipments of security-sensitive
materials.
Transportation Threat Assessment and Credentialing
Appropriation, fiscal year 2012....................... $163,954,000
Budget estimate, fiscal year 2013..................... 192,631,000
Recommended in the bill............................... 192,424,000
Bill compared with:
Appropriation, fiscal year 2012................... +28,470,000
Budget Estimate, fiscal year 2013................. -207,000
MISSION
The mission of Transportation Threat Assessment and
Credentialing (TTAC) is to reduce the probability of a
successful attack on the transportation system through the
application of threat assessment methodologies to identify
known or suspected terrorist threats working in or seeking
access to the Nation's transportation system. This
appropriation consolidates management of all TSA vetting and
credentialing programs, including Secure Flight, Crew Vetting,
Transportation Worker Identification Credential, Registered
Traveler, Hazardous Materials, and Alien Flight School.
RECOMMENDATION
The Committee recommends a direct appropriation of
$192,424,000 for Transportation Threat Assessment and
Credentialing (TTAC), $207,000 below the budget request and
$28,470,000 above the amount provided in fiscal year 2012. In
addition, the Committee anticipates TSA will collect
$79,720,000 in fees. A comparison of the budget estimate to the
Committee's recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Direct Appropriation:
Secure Flight................. $107,074,000 $106,935,000
Crew and Other Vetting 85,557,000 85,489,000
Programs.....................
-------------------------------------
Subtotal, Direct 192,631,000 192,424,000
Appropriations...........
Fee Collections:
Transportation Worker 47,300,000 47,300,000
Identification Credential....
Hazardous Materials........... 12,000,000 12,000,000
Alien Flight School (transfer 5,000,000 5,000,000
from DOJ)....................
General Aviation.............. 100,000 100,000
Air Cargo..................... 7,200,000 7,200,000
Commercial Aviation and 8,000,000 8,000,000
Airport......................
Other Security Threat 120,000 120,000
Assessments..................
Sensitive Security Information - - - - - -
Fees.........................
-------------------------------------
Subtotal, Fee Collections. $79,720,000 $79,720,000
------------------------------------------------------------------------
SECURE FLIGHT
The Committee recommends $106,935,000 for Secure Flight,
$139,000 below the amount requested and $14,521,000 above the
amount provided in fiscal year 2012. Within this funding is
$12,717,000 for expanded watch list vetting to support the
General Aviation Security Rule, thus covering an anticipated 11
million additional passengers per year who fly on large
aircraft and charters. No funding is included for the requested
fiscal year 2013 pay raise.
CREW AND OTHER VETTING
The Committee recommends $85,489,000 for Crew and other
Vetting Programs, $68,000 below the request and $13,949,000
above fiscal year 2012, reflecting no funding for the requested
fiscal year 2013 pay raise.
TTAC INFRASTRUCTURE MODERNIZATION
The largest component of the crew and other vetting
appropriation consists of $57,700,000 requested for TTAC
infrastructure modernization (TIM), which includes a
$30,000,000 base restoration to complete the system before
implementation of a universal fee rule, which will apply to
vetting and other credentialing processes to provide access in
the maritime environment, for hazardous materials, and
eventually for aviation workers. This effort will consolidate
and streamline duplicative vetting and credentialing services
to current and future TSA screening populations and eliminate
redundant background checks. The Committee notes that TSA has
awarded a contract for TIM development with a planned
implementation in fiscal year 2013, to enable functionality by
2014.
The Committee recommends funding the request but expects
the project to remain on schedule and be under budget. To
facilitate its oversight, the Committee directs TSA to brief
the Committees on Appropriations on the status of TIM no later
than 30 days after the date of enactment of this Act and to
advise the Committees of any developments that might delay
plans to achieve initial operating capacity in 2014 or to
publish a Universal Fee Rule.
BIOMETRIC ACCESS CONTROL
Implementation of stronger credential and access controls
at airports using biometric features has been supported by
Congress, the Department, and many airport and airline
officials. The Committee in recent years has included
appropriations funding for TSA pilot efforts at airports to
test the use of such technology and its integration into
overall airport access systems. The Committee strongly urges
TSA to continue working with the airport and airline community
to implement biometric access and credential use and to ensure
such systems are compatible with the Transportation Worker
Identification Credential (TWIC), as well as those credentials
developed in compliance with Homeland Security Presidential
Directive-12 requirements.
TWIC READERS
The mandate to establish a TWIC credential and reader were
carried in the Maritime Transportation Security Act of 2002
(MTSA), as amended by the SAFE Port Act of 2006. That
legislation requires that final regulations for the card
reader, which are led by the Coast Guard, be consistent with
findings of the TWIC reader pilot program. That pilot was
completed in May 2011, and a final report on the pilot issued
in February 2012. At present there are over 30 readers that
have been evaluated by TSA as capable of reading TWICs, and all
are available by commercial sources. However, without a final
reader rule, their adoption by ports and maritime facilities
remains voluntary. As a result, TWICs are generally only used
for visual inspection, making them essentially a ``flash
pass,'' which significantly reduces their value as a security
measure, and adds to the cost and time required to inspect
them.
The Committee is pleased that readers are now validated and
ready for use, but it is ridiculous that a final rule has not
been issued, particularly as there are over 1.9 million
individuals currently enrolled in the TWIC program, many of
whom will need to re-enroll this year. The Committee asserts
that ten years is more than enough time for this action to
occur and, therefore, directs the Coast Guard, the Department,
and TSA to take all necessary action to expedite the completion
and publication of a final rule.
Transportation Security Support
Appropriation, fiscal year 2012....................... $1,031,926,000
Budget estimate, fiscal year 2013..................... 969,709,000
Recommended in the bill............................... 928,663,000
Bill compared with:
Appropriation, fiscal year 2012................... -103,263,000
Budget Estimate, fiscal year 2013................. -41,046,000
MISSION
The Transportation Security Support account includes
financial and human resources support; the Transportation
Security Intelligence Service; information technology support;
policy development and oversight; performance management and e-
government; communications; public information and legislative
affairs; training and quality performance; internal conduct and
audit; legal advice; and overall headquarters administration.
RECOMMENDATION
The Committee recommends $928,663,000 for Transportation
Security Support, $41,046,000 below the amount requested and
$103,263,000 below the amount provided in fiscal year 2012. A
comparison of the budget estimate to the Committee recommended
level by PPA is as follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Headquarters Administration....... $281,554,000 $270,508,000
Human Capital Services............ 225,829,000 215,829,000
Information Technology............ 417,196,000 397,196,000
Intelligence...................... 45,130,000 45,130,000
-------------------------------------
Subtotal, Transportation $969,709,000 $928,663,000
Security Support.............
------------------------------------------------------------------------
HEADQUARTERS ADMINISTRATION
The Committee recommends $270,508,000 for Headquarters
Administration, $11,046,000 below the budget request, and
$21,826,000 below the amount provided in fiscal year 2012. The
Committee does not include $1,046,000 requested for a fiscal
year 2013 pay raise and has reduced funding an additional
$10,000,000 as an offset for the budget shortfall created by
its reliance on unauthorized passenger security fees.
HUMAN CAPITAL SERVICES
The Committee recommends $215,829,000 for Human Capital
Services, $10,000,000 below the budget request, and $33,571,000
below the amount provided in fiscal year 2012. The reduction,
necessary to help offset the budgetary shortfall due to
reliance on unauthorized aviation security fees, among other
reasons, may come from advisory and assistance services.
INFORMATION TECHNOLOGY
The Committee recommends $397,196,000 for Information
Technology, $20,000,000 below the budget request and
$50,004,000 below the amount provided in fiscal year 2012. The
reduction, necessary to help offset the budgetary shortfall due
to reliance on unauthorized aviation security fees, among other
reasons, may come from advisory and assistance services.
ACCOUNT STRUCTURE AND AVAILABILITY OF APPROPRIATIONS
TSA was directed in the fiscal year 2012 conference report
statement of managers to brief the Committees on a proposed PPA
structure reflecting one-year availability of appropriations
for salaries and operations, with a longer availability for
investment expenditures. However, the briefing and associated
details were provided too late to be incorporated into this
bill. The Committee intends the availability of appropriations
for TSA to parallel that applying to other agencies funded in
this bill, and so directs TSA to include a proposal for account
restructuring with the fiscal year 2014 budget request. The
proposal should reflect, to the greatest degree possible, PPAs
that align with existing major program categories, to include
checkpoint and checked baggage screening operations; air cargo;
law enforcement operations; surface transportation security;
inspections; intelligence; and credentialing activities.
COVERT TESTING
The Committee supports continued use of covert testing to
help identify vulnerabilities in critical systems and directs
TSA to aggressively and creatively, probe, challenge, and
improve transportation security systems. As in previous years,
the Committee directs TSA to brief the Committees semiannually
on its red teaming and covert testing activities, including
testing results at airport checkpoints, in secure areas of
airports, at air cargo facilities, and in other transportation
modes. TSA should also report on critical operational errors
and equipment failures.
EXPENDITURE PLANS FOR PURCHASE AND DEPLOYMENT OF AIR CARGO, CHECKPOINT
SUPPORT, AND EXPLOSIVE DETECTION EQUIPMENT
The Committee continues bill language requiring TSA to
provide a detailed spending and deployment plan for air cargo,
checkpoint support, and explosive detection equipment. This
plan shall be submitted no later than 60 days after the date of
enactment of this Act, and shall include: expenditures on an
airport-by-airport basis for fiscal year 2013, including
details on technologies purchased; project timelines;
obligation schedules; and a table displaying actual versus
anticipated unobligated balances at the close of the fiscal
year, with an explanation for any deviation from original
plans. The Committee recognizes TSA may need to revise its plan
and so directs TSA to notify the Committees on Appropriations
prior to amending its expenditure plan and reallocating such
funds and update the Committees quarterly on these
expenditures.
Federal Air Marshals
Appropriation, fiscal year 2012....................... $966,115,000
Budget estimate, fiscal year 2013..................... 929,610,000
Recommended in the bill............................... 879,600,000
Bill compared with:
Appropriation, fiscal year 2012................... -86,515,000
Budget Estimate, fiscal year 2013................. -50,010,000
MISSION
The Federal Air Marshals provide security for the Nation's
civil aviation system through the effective deployment of armed
Federal agents to detect, deter, and defeat hostile acts
targeting U.S. air carriers, airports, passengers, and crews.
RECOMMENDATION
The Committee recommends $879,600,000 for the Federal Air
Marshals (FAMs), $50,010,000 below the amount requested and
$86,515,000 below the amount provided in fiscal year 2012. Of
the total funding provided, $776,550,000 is for Management and
Administration and $103,050,000 is for Travel and Training.
This funding decrease reflects no funding for the proposed
pay raise. It also reflects a readjustment in light of the
multiple security enhancements in aviation security put in
place since the Christmas Day 2009 bombing attempt. The
Committee does, however, believe that this funding will provide
adequate resources to ensure coverage of all high-risk
international and domestic flights. Additional detail is
included in the classified annex to this report.
The Committee would note that there are additional law
enforcement resources to complement the presence of Federal Air
Marshals. These include FFDOs, which the Committee recommends
funding at the fiscal year 2012 level (as opposed to the 50
percent reduction proposed in the President's request). In
addition, the large numbers of Federal law enforcement officers
and agents who fly offer a significant potential to leverage
the FAMs operation. The Committee notes that there have been
several attempts to leverage this population, which could serve
as a force multiplier, or possibly a ``surge'' capability in
response to increased threat environments, but none were
adopted. The Committee strongly encourages TSA and DHS to
revisit the potential for such an approach, including
development of a concept of operations and mechanisms for
coordinating scheduling, communications, and training. The
Committee directs TSA to submit a report no later than 120 days
after the date of enactment of this Act outlining the best
options for leveraging the Federal law enforcement population
to supplement FAMS resources, including a detailed description
of what the Department is doing to develop such options beyond
a notional phase.
The Committee expects TSA to set its FAMs staffing levels
and deployment patterns to optimize coverage of flights so as
to address known threats, minimize risk, and complement the
full range of security resources available to TSA. It remains
essential that TSA provide the Committee information about the
analysis underpinning its staffing, scheduling and resource
requirements, particularly given the high sustained levels of
coverage since the 2009 Christmas Day bombing attempt. The
Committee, therefore, directs TSA to brief the Committees on
Appropriations no later than 60 days after the date of
enactment of this Act on its optimal mix of staff; the types
and frequency of flights for which FAMs coverage should be
provided; and any legislative or regulatory changes that might
be required to improve FAMs operations and overall aviation
security. The Committee directs TSA to continue to submit
quarterly reports on mission coverage, staffing levels, and
hiring rates as in past years.
Coast Guard
Operating Expenses
Appropriation, fiscal year 2012\1\.................... $6,793,054,000
Budget estimate, fiscal year 2013\2\.................. 6,791,178,000
Recommended in the bill\2\............................ 6,759,627,000
Bill compared with:
Appropriation, fiscal year 2012................... -33,427,000
Budget estimate, fiscal year 2013................. -31,551,000\1\Does not include $258,000,000 for the global war on terrorism.
\2\Does not include funds for global war on terrorism/overseas
contingency operations requested under Navy, Operations and
Maintenance.
MISSION
The Coast Guard is the principal Federal agency charged
with maritime safety, security and stewardship. The Operating
Expenses appropriation provides funding 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. This is the
primary appropriation financing operational activities of the
Coast Guard.
RECOMMENDATION
The Committee recommends a total appropriation of
$6,759,627,000 for Operating Expenses. The recommended funding
level is $31,551,000 below the amount requested and $33,427,000
below the amount provided in fiscal year 2012. The Committee's
recommendation for Coast Guard Operating Expenses excludes
funds requested to support the global war on terrorism/overseas
contingency operations.
The Committee recommends a reduction of $35,000,000 for the
Headquarters Directorate due to the DHS budget request's
reliance upon unauthorized fee collections, a flawed CBP
request based on inaccessible fee collections, and poor record
of compliance with statutory requirements, notably the Coast
Guard's failure to submit an adequate Capital Investment Plan.
The Committee also includes a reduction of $2,947,000 for the
denial of the civilian pay raise that was included in the
budget request. The Committee recommends full funding for the
military pay raise included in the fiscal year 2013 request.
The Committee recommends the following increases above the
budget request: $35,000,000 to reduce the backlog in critical
depot level maintenance; $1,977,000 to prevent the proposed
decommissioning of three 110-foot Patrol boats, which will
restore approximately 3,100 Patrol Boat operating hours;
$10,000,000 to reduce the operational gap created by the
disestablishment of the High-Tempo-High-Maintenance program;
and $8,416,000 to restore one of the two High Endurance Cutters
proposed for decommissioning, which will restore approximately
1,665 cutter hours to support counter-drug operations in source
and transit zones. While the recommendation does not restore
funding for Air Facilities in Muskegon, Michigan and Waukegan,
Wisconsin, funds are provided in the Acquisition, Construction,
and Improvement (AC&I) appropriation to recapitalize two
operational losses helicopters.
A comparison of the budget estimate to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Military Pay and Allowances....... $3,415,595,000 $3,425,878,000
Civilian Pay and Benefits......... 790,130,000 786,322,000
Training and Recruiting........... 212,761,000 213,402,000
Operating Funds and Unit Level 1,092,419,000 1,063,346,000
Maintenance......................
Centrally Managed Accounts........ 350,178,000 300,883,000
Depot Level Maintenance........... 930,095,000 969,796,000
-------------------------------------
Total, Operating Expenses..... $6,791,178,000 $6,759,627,000
------------------------------------------------------------------------
REDUCTIONS TO OPERATING EXPENSES
Throughout this bill, the Committee has prioritized funding
to frontline security operations and essential personnel across
DHS. In fiscal year 2012, the Department requested a
substantial reduction in funding that would have degraded the
Coast Guard's operational capabilities and military workforce
without a compensating proposal to rebuild depleted capacity
for the long term by investing in recapitalized assets. That
proposal had obvious, adverse implications for the Coast
Guard's critical missions of maritime safety, coastal security,
and drug interdiction; ignored current threat activity and the
ramifications for the Department's broader security efforts;
and was resoundingly rejected by Congress. In contrast, in the
fiscal year 2013 budget request the Department has proposed a
far more balanced approach to reducing the Coast Guard's
operational costs while sustaining needed investments in both
targeted capabilities and new acquisitions and asset
refurbishments. The Committee directs the Coast Guard to
present clearly any known or expected adverse impacts to
operational proficiency and Government Performance and Results
Act (GPRA) goals created by proposed decreases in its Operating
Expenses in future budget submissions, beginning with the
fiscal year 2014 budget justification materials.
TWIC READERS
As discussed earlier in this report, the final report on
the TWIC reader pilot was finally issued in February 2012. At
present there are over 30 readers that have been evaluated by
TSA as capable of reading TWICs. However, a final reader rule
has not been issued. The Committee asserts that ten years is
more than enough time for this action to occur and, therefore,
directs the Coast Guard, the Department, and TSA to take all
necessary action to expedite the completion and publication of
a final rule.
RESOURCES FOR THE GLOBAL WAR ON TERRORISM
The Committee does not recommend funding under this heading
for the costs of the Coast Guard's support for the global war
on terrorism and overseas contingency operations. The fiscal
year 2013 budget request instead includes these funds via a
permissive transfer from Operations and Maintenance, Navy. The
Committee concurs with this decision, since the funds requested
are based on the needs of the Combatant Commander, which will
not be fully defined until the year of execution. As future
plans evolve, the Navy may transfer the amounts as needed to
the Coast Guard for the expenses incurred based on requests for
forces from the Combatant Commander.
In the future, if these types of overseas operations become
part of the normal operational mission, funds should be
included within the existing funding for Coast Guard's defense
function.
The Coast Guard is directed to notify the Committees of
Appropriations of the Senate and House of Representatives
within five days of a transfer of the funds from Operations and
Maintenance, Navy to Coast Guard, Operating Expenses. The
notification shall include a detailed justification for the
funds and how the funds are allocated across PPAs.
HIGH TEMPO-HIGH MAINTENANCE PROGRAM TERMINATION
As noted above, the Committee recommends an additional
$11,977,000 to increase planned patrol boat hours and to
restore three 110 foot Patrol Boats. Together, these
initiatives will provide sufficient hours to maintain the same
number of patrol boat hours as provided in fiscal year 2012.
These increases are required due to the termination of the
high tempo-high maintenance (HTHM) program. The Committee was
dismayed at the decision by the Coast Guard to presuppose the
termination of this program prior to submitting the termination
plan to Congress with the submission of the fiscal year 2013
budget. By the time the program termination was briefed to the
Committee, the only alternative to maintain sufficient patrol
boat hours was to defer the proposed patrol boat
decommissionings and provide funding to increase the programmed
operating hours of remaining in-service patrol boats.
The HTHM program was created by Congress to address the
critical need to perform counter-drug operations in the
Caribbean source and transit zones. In the future, the Coast
Guard shall brief the Committee prior to starting the process
of terminating such a high profile and successful program.
ENHANCEMENTS TO DEPOT LEVEL MAINTENANCE
The Committee recommends an additional $39,701,000 above
the amount requested for enhancements to critical depot level
maintenance programs. Additional funds are intended to
replenish repair parts and execute backlogged and deferred
critical depot level maintenance for assets, including:
$17,000,000 for cutters to address maintenance requirements for
aging cutters; and help the 210-foot, and the 270-foot medium
endurance cutter fleets to help these cutters improve their
availability performance; $13,000,000 for aircraft to address a
recurring parts shortfall that is reducing aircraft
availability and surge capacity, including funds for the
critical purchase of H-60 Tail Rotor Blades (life-limiting
components) to preserve H-60 fleet readiness; and $5,000,000 to
address critical shore facility maintenance needs, including
waterfront and airfield repairs, dredging projects, and life
safety (barracks sprinkler/fire suppression) systems. None of
these additional funds may be obligated until five days after
the Coast Guard briefs the Committee on the expenditure plan
for these funds.
SMALL BOATS
The Committee directs the Coast Guard to brief the
Committee no later than October 1, 2012 on the current status
of the small boat program to include operation and maintenance
costs and future recapitalization plans.
Environmental Compliance and Restoration
Appropriation, fiscal year 2012....................... $13,500,000
Budget estimate, fiscal year 2013..................... 13,162,000
Recommended in the bill............................... 12,151,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,349,000
Budget estimate, fiscal year 2013................. -1,011,000
MISSION
The Environmental Compliance and Restoration appropriation
assists in bringing Coast Guard facilities into compliance with
applicable Federal, State and environmental regulations;
preparing and testing facilities response plans; developing
pollution and hazardous waste minimization strategies;
conducting environmental assessments; and furnishing necessary
program support. These funds permit the continuation of a
service-wide program to correct environmental problems, such as
through major improvements of storage tanks containing
petroleum and regulated substances. The program focuses mainly
on Coast Guard facilities, but also includes third party sites
where Coast Guard activities have contributed to environmental
problems.
RECOMMENDATION
The Committee recommends $12,151,000 for Environmental
Compliance and Restoration, $1,011,000 below the amount
requested and $1,349,000 below the amount provided in fiscal
year 2012. A reduction is made to the budget request for this
account due to operational priorities.
The Coast Guard is directed to submit an itemized
expenditure plan for each project listed in the backlog report
to the Committees on Appropriations of the Senate and House of
Representatives with its annual budget submission.
Reserve Training
Appropriation, fiscal year 2012....................... $134,278,000
Budget estimate, fiscal year 2013..................... 132,554,000
Recommended in the bill............................... 115,528,000
Bill compared with:
Appropriation, fiscal year 2012................... -18,750,000
Budget estimate, fiscal year 2013................. -17,026,000
MISSION
This appropriation provides for the training of qualified
individuals who are available for active duty in time of war or
national emergency or to augment regular Coast Guard forces in
the performance of peacetime missions. Program activities fall
into the following categories:
Initial training.--The direct costs of initial
training for three categories of non-prior service
trainees;
Continued training.--The training of officer and
enlisted personnel;
Operation and maintenance of training facilities.--
The day-to-day operation and maintenance of reserve
training facilities; and
Administration.--All administrative costs of the
reserve forces program.
RECOMMENDATION
The Committee recommends $115,528,000 for Reserve Training,
$17,026,000 below the amount requested and $18,750,000 below
the amount provided in fiscal year 2012. This reduction is
based on the lack of budget justification for this program,
budgeting constraints, and the failure to comply with statutory
requirements.
Automation Modernization
Appropriation, fiscal year 2012....................... - - -
Budget estimate, fiscal year 2013..................... - - -
Recommended in the bill............................... $50,000,000
Bill compared with:
Appropriation, fiscal year 2012................... +50,000,000
Budget estimate, fiscal year 2013................. +50,000,000
MISSION
The Automation Modernization account funds major
information technology projects for the Coast Guard.
RECOMMENDATION
The Committee recommends $50,000,000 for automation
modernization. OMB's IT Dashboard indicates that the Coast
Guard has $643,500,000 in fiscal year 2012 for information
technology programs, of which $461,500,000 is for major
investments; however, the budget request for Coast Guard does
not account for these funds. As with other ``Automation
Modernization'' accounts within the DHS budget, the Committee
recommends consolidating funding for Coast Guard information
technology programs in a single account to provide greater
visibility into Coast Guard's management of this significant
investment.
The Coast Guard is encouraged to work with the Committee
prior to the submission of the fiscal year 2014 budget request
to delineate the specific programs and types of activities to
include in this account.
Acquisition, Construction, and Improvements
Appropriation, fiscal year 2012....................... $1,403,924,000
Budget estimate, fiscal year 2013..................... 1,192,309,000
Recommended in the bill............................... 1,428,593,000
Bill compared with:
Appropriation, fiscal year 2012................... +24,669,000
Budget estimate, fiscal year 2013................. +236,284,000
MISSION
The Acquisition, Construction, and Improvements (AC&I)
appropriation finances the acquisition of new capital assets,
construction of new facilities, and physical improvements to
existing facilities and assets. The appropriation covers Coast
Guard-owned and operated vessels, aircraft, shore facilities,
and other equipment such as computer systems, as well as the
personnel needed to manage acquisition activities.
RECOMMENDATION
The Committee recommends $1,428,593,000 for AC&I,
$236,284,000 above the amount requested and $24,669,000 above
the amount provided in fiscal year 2012.
The Committee recommends significant restructuring of
numerous programs to align funding with the requirements in the
fiscal year of need. Further, the recommendation provides
funding for programs that have a proven track record, are low
risk, have known costs, and provide increased capability.
The Committee recommends the following reductions from the
amounts requested: a net reduction of $26,500,000 requested for
the National Security Cutter; a reduction of $5,000,000 from
the amount requested for the Offshore Patrol Cutter; a
reduction of $15,000,000 from the amount requested for Program
Oversight and Management; a reduction of $2,500,000 for Systems
Engineering and Integration; and a reduction of $216,000 from
Personnel and Related Support.
The Committee recommends the following rescissions in title
V of this bill from prior year accounts: from funds provided in
fiscal year 2010, $37,500,000 for post-delivery activities for
fourth National Security Cutter (NSC) and $5,000,000 from funds
for the Patrol Boat Sustainment program; from funds provided in
fiscal year 2011, $54,100,000 for post-delivery activities for
the fifth NSC, $23,000,000 from funds for the Offshore Patrol
Cutter, and $10,000,000 for funds for Systems Integration and
Engineering; and from funds provided in fiscal year 2012,
$27,000,000 from funds for the Offshore Patrol Cutter,
$5,000,000 from funds for the MH-60 program, $10,000,000 from
funds for the MH-65 program, and $10,000,000 for funds for
Systems Engineering and Integration.
The Committee recommends the following increases above the
amount requested: an increase of $85,000,000 above the amount
requested for the Fast Response Cutter; an increase of
$5,000,000 for Medium Endurance Cutter Sustainment; an
additional $28,000,000 for the replacement costs of two MH-60
helicopters; an additional $12,000,000 for a mission pallet for
the Maritime Patrol Aircraft; an additional $90,000,000 for one
Long Range Surveillance Aircraft; and an increase of
$40,500,000 for shore facilities, aids to navigation, housing,
and infrastructure projects.
A comparison of the budget estimate to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Vessels
Cutter Small Boats............ $4,000,000 $4,000,000
Fast Response Cutter (FRC).... 139,000,000 224,000,000
Medium Endurance Cutter (MEC) 13,000,000 18,000,000
Sustainment..................
National Security Cutter (NSC) 683,000,000 656,500,000
Offshore Patrol Cutter (OPC).. 30,000,000 25,000,000
Polar Ice Breaking Vessel..... 8,000,000 8,000,000
Survey and Design-Vessels and 2,500,000 2,500,000
Boats........................
-------------------------------------
Subtotal, Vessels..... 879,500,000 938,000,000
Aircraft
Long Range Surveillance - - - 90,000,000
Aircraft.....................
HH-60 Acquisition/Conversion/ - - - 28,000,000
Sustainment..................
HH-65 Acquisition/Conversion/ 31,500,000 31,500,000
Sustainment..................
Maritime Patrol Aircraft (MPA) 43,000,000 55,000,000
-------------------------------------
Subtotal, Aircraft.... 74,500,000 204,500,000
Other Acquisition Programs
C4ISR......................... 40,500,000 40,500,000
Government Program Management. 25,000,000 10,000,000
Nationwide Automatic 6,000,000 6,000,000
Identification System........
CG-LIMS....................... 2,500,000 2,500,000
System Engineering and 2,500,000 - - -
Integration..................
-------------------------------------
Subtotal, Other 76,500,000 59,000,000
Equipment............
Shore Facilities and Aids to
Navigation
Major/Minor construction; 15,000,000 55,500,000
Housing; ATON; and survey &
design.......................
Major Acquisition Systems 49,411,000 49,411,000
Infrastructure...............
Minor Shore................... 5,000,000 5,000,000
-------------------------------------
Subtotal, Shore 69,411,000 109,911,000
Facilities and Aids
to Navigation........
Personnel and Related Support
AC&I Core..................... 600,000 600,000
Direct Personnel Costs........ 116,798,000 116,582,000
-------------------------------------
Subtotal, Personnel 117,398,000 117,182,000
and Related Support..
-------------------------------------
Total, $1,192,309,000 $1,428,593,000
Acquisition,
Construction, and
Improvements.....
------------------------------------------------------------------------
QUARTERLY REPORTS ON ACQUISITION PROJECTS AND MISSION EMPHASIS
The Commandant is directed to continue to brief the
Committee quarterly on all major acquisitions consistent with
the direction in the conference report accompanying Public Law
112-74.
CAPITAL INVESTMENT PLAN
The Committee is concerned by Coast Guard's noncompliance
with the requirement in Public Law 112-74 to submit a Capital
Investment Plan (CIP) to Congress with the submission of the
budget. To address these concerns, the Committee has withheld
significant funds from various Headquarters' offices to include
$75,000,000 from the Coast Guard Headquarters' Directorate and,
additionally, reduces funding for Coast Guard Headquarters
Directorate by $35,000,000. Further, a general provision is
included that restricts usage by specific leaders within the
Department from using fix-wing aircraft, except for specific
emergent reasons, until the CIP and the Comprehensive
Acquisition Strategy Plan, as required in title I of this bill,
are submitted.
The Coast Guard is directed to submit a CIP in accordance
with the specified requirements listed in the bill in
conjunction with the budget submission for fiscal year 2014.
The Committee continues to believe the CIP serves as the
primary means of oversight for tracking the Coast Guard's
recapitalization efforts and therefore must be submitted in
accordance with mandated timelines. The failure of the Coast
Guard to submit the required information in a timely manner
hinders the Committees oversight responsibility and forces
budgetary decisions to be made with limited program
information. Continued failures will not be tolerated by the
Committee.
NEW STARTS
Public Law 112-74 provided $37,713,000, as requested, for a
new radar sensor system for the MH-60 helicopter program.
However, subsequent to enactment of the fiscal year 2012
appropriation, the Coast Guard terminated the radar sensor
system and repurposed the funds for a new component replacement
program. While acknowledging the need for component
replacement, the Committee is dismayed that the Coast Guard
failed to inform the Committee of this program change. Once a
program has been specifically requested in budget justification
and funded by Congress, the Coast Guard is duty-bound to inform
Congress when it creates a new program, project, or activity or
eliminates a program, project, or activity.
The use of budget justification material as a baseline
aligns with Department of Defense (DoD) reprogramming rules.
The DoD Financial Management Regulations (Volume 3, Chapter 6)
states new starts are new procurement line items or major
components thereof, not previously justified by the Department
and funded by the Congress through the normal budget as
determined by specific supporting information provided in the
budget materials.
The Committee directs the Coast Guard to comply with the
intent of section 503 of this bill with respect to the creation
of a program that has not previously been specifically
requested and justified by Congress in budget justification and
also to the termination of a program that has previously been
specifically requested and justified by Congress in budget
justification.
REVISED BUDGET JUSTIFICATION
The Coast Guard shall include a detailed budget
justification for each PPA in AC&I for which funding is
requested, or funding available from prior years. In the fiscal
year 2013 budget request, the Coast Guard failed to provide
program justification for numerous programs that have
outstanding balances of funds previously appropriated but
unobligated. This practice of not including sufficiently
detailed justification needlessly hinders oversight by this
Committee into how taxpayer funds are being executed.
Further, the budget justification aircraft and vessels for
fiscal year 2014 shall include detailed cost information
consistent with the appropriate work breakdown structure
elements for the program and standardized for similar type
systems such as aircraft and vessels. The breakdown shall
include the following: per unit cost and associated quantity;
antecedent liability; long lead-time material; warranty; supply
support; training; economic price adjustment; survey, design
and engineering; project management; post-delivery activities,
spares and other categories, as needed. The information shall
include all fiscal years from prior years through to complete
years for relevant categories.
The budget justification for programs that are conversions
or sustainment shall provide similar data. Additionally, the
justification shall include types of modifications, quantity of
kits and planned installation schedule of modification kits.
The budget justification for Program Oversight and
Management, System Engineering and Integration and C4ISR shall
provide a breakout of funding by asset.
Additionally, the budget justification shall provide
procurement history and planning for the prior year, current
year and budget year to include quantity and unit cost,
contracting office location, contractor, contract method/type,
award date, date of first delivery, and the availability of
technical date package.
The Coast Guard is strongly encouraged to work with the
Committee prior to the submission of the fiscal year 2014
budget request to clarify the types of information required in
Congressional budget justification materials.
FULL FUNDING
The Committee includes a new general provision to address
the lack of clarity in certain programs with respect to
budgeting for long lead-time materials, end items, outfitting,
post-delivery activities, spares, program management, and
contract closeout. Acquisition programs within the AC&I
appropriation have previously been required to comply with an
interpretation of OMB Circular A-11 that forces the Coast Guard
to request funding for activities that will not occur until
years in the future. A current example of this issue is the
Coast Guard's request for fiscal year 2013 that includes
funding for post-delivery activities of the sixth National
Security Cutter that will not occur until fiscal year 2019.
This creates significant backlog, prevents acquisition of other
capabilities, and is an ineffective use of taxpayer funds.
While the Committee agrees that items should be fully
funded, the requirement to fully fund an end item to include
outfitting, post-delivery activities, spares, and program
management in the same fiscal year as the initial procurement
creates a carry-over of funds from one fiscal year to another
for items that are actually severable from the initial end
item. Further, the denial of the ability to budget for long
lead-time material for large, complex end items such as the
National Security Cutter (NSC) creates further budget pressures
in a significantly constrained fiscal environment. The
requirement to ``fully fund'' the sixth NSC consumes over fifty
percent of the Coast Guards fiscal year 2013 AC&I request.
It is disconcerting that DHS follows this overly
conservative and costly requirement, unlike other Federal
Departments. For example, the Department of Defense is allowed
to budget for advance procurement of items prior to
procurement, and then budgets for outfitting, post-delivery
activities, and spares at the time of need or a lead-time away
from need (i.e., the appropriate fiscal year) as stipulated in
the DoD Financial Management Regulation (Volume 2A, Chapter 1).
Further evidence of this disparity is how the Department of the
Navy requests funds for the CVN 79 within the Carrier
Replacement Program. The program initiated advance procurement
for CVN 79 in fiscal year 2008 and continued advance
procurement funding through fiscal year 2012. The Navy's
request for fiscal year 2013 initiates the actual procurement
with plans to spread the procurement over six years. Only after
delivery will the Navy request funds for post-delivery
activities and initial spares. However, the Coast Guard is not
permitted to budget in this manner.
The Committee includes a general provision that
specifically addresses these issues by defining long lead-time
material, outfitting, post-delivery activities, spares, and
program management. Further, the provision explicitly states
that these activities shall be funded in the fiscal year that
corresponds to the time of need or a lead-time away from need.
Future budget submissions for the AC&I appropriations shall
include funding for end items that correspond to the need to
contract for the item, to include the budgeting for long lead-
time materials, as required. Further, the Committee directs
that the Coast Guard comply with this new general provision of
this Act with respect to budgeting for post-delivery,
outfitting, spares, and program management.
CARRY OVER
The Coast Guard has numerous examples within the history of
the AC&I appropriation of requests for funding for assets or
programs that will not obligate until future fiscal years.
While there are some cases where such forward funding may be
required to meet antecedent liabilities or other contractual
requirements that mandate funding be available even though it
will not immediately obligate, in many cases, it is the result
of insufficient planning resulting in poor budgeting.
As budgets continue to tighten, the Committee cannot allow
funds to sit idly for multiple fiscal years. To address this
issue, the recommendation includes reductions due to carry over
from the National Security Cutter program, the Fast Response
Cutter program, Program Management, and Systems Engineering and
Integration. Further, the recommendation includes rescissions
to prior year appropriations of languishing carry-over.
In future budgets, the Coast Guard shall request funding
programs, assets, modifications, and installs that it will
execute in the budget request year. Specifically, the budgeting
of acquisition items shall be on a time-phased ``lead-time
away'' or ``need to commit'' basis in order to avoid
accumulation of excessive carry-over. This includes the
purchase of modification kits prior to the input of aircraft
into a depot or the funding of an installation prior to the
fiscal year of such install.
NATIONAL SECURITY CUTTER
The Committee recommends $656,500,000 for the National
Security Cutter program, a decrease of $26,500,000 from the
request and $579,500,000 above the amount provided in fiscal
year 2012. The recommendation includes a decrease of
$17,000,000 for contract savings associated with the long lead-
time material contract for sixth NSC. The recommendation
complies with the new general provision in title V of this bill
with respect to full funding and, accordingly, reduces funding
for post-delivery activities and program management that are
requested ahead of need. The recommendation also rescinds funds
in title V of this bill for post-delivery activities for the
fourth and fifth NSC for the same reasons.
The Committee recommends $66,000,000 for long lead-time
material for the seventh NSC. Initiating procurement of the
seventh NSC is a low-risk option with known, fixed costs that
provides a greater capability today instead of waiting years
for a future program to evolve. The arguments proffered by the
Administration to explain their failure to request this needed
funding are without merit. This cavalier approach will result
in higher costs and an undue delay of critical operational
capabilities.
FAST RESPONSE CUTTER
The Committee recommends $224,000,000 for the acquisition
of four Fast Response Cutters (FRCs), $85,000,000 above the
amount requested and $134,000,000 below the amount provided in
fiscal year 2012.
The fiscal year 2013 budget request included only two FRCs
and proposed a restructure of the funds provided in fiscal year
2012. In the Public Law 112-74, Congress provided funding for
six FRCs, the contract's maximum sustaining rate, in order to
accrue $30,000,000 in savings due to economy of scale. The
Coast Guard has now proposed in its fiscal year 2013 request to
only contract for four cutters in fiscal year 2012 and then
place the remaining two fiscal year 2012 cutters on contract in
fiscal year 2013 to have a combined buy of four FRCs in fiscal
year 2013, as four cutters is the minimum contract.
This proposal by the Coast Guard not only squanders the
savings from fiscal year 2012 but also fiscal year 2013. This
represents almost $60,000,000 in savings that will not be
realized while delaying the delivery of much needed capability.
The recommendation addresses these concerns by providing
$95,000,000 above the budget proposal for two additional FRCs.
The recommendation also includes a reduction of $10,000,000 for
carry over. The Committee will continue to work with the Coast
Guard to ensure that the FRC program is properly funded in
order to place all six FRC's funded by Congress in fiscal year
2012 on contract in that fiscal year.
OFFSHORE PATROL CUTTER
The Committee recommends $25,000,000 for the Offshore
Patrol Cutter (OPC), $5,000,000 below the request and the same
as the amount provided in fiscal year 2012. The recommendation
also includes a rescission of $50,000,000 from funds previously
provided in fiscal years 2011 and 2012.
In fiscal year 2011, the Coast Guard requested and was
appropriated $45,000,000 to support the award and evaluation of
a Preliminary and Contract Design (P&CD) contract. Again, in
fiscal year 2012, the Coast Guard requested and was
appropriated an additional $25,000,000 to support the award and
evaluation of a P&CD contact. In the fiscal year 2013, the
Coast Guard has again requested funding to support the award
and evaluation of a P&CD contract. To date, none of the funds
appropriated for a P&CD contract have been obligated, creating
carry over in excess of $60,000,000.
The Coast Guard has stated that its plans to obligate
significant funds on up to three P&CD contracts to include the
contract design option in fiscal year 2013. However, the
Committee is concerned that these actions are contrary to the
Project Life Cycle Cost Estimate (PLCCE) that was signed on
March 1, 2012 and the draft Phase I Statement of Work (SOW)
released on March 14, 2012 and may result in a rush to
judgment. The PLCCE explicitly states that the acquisition
strategy for OPC includes awarding multiple P&CD contracts,
with preliminary design efforts awarded in fiscal year 2013 and
an option for contract design efforts in fiscal year 2014. The
draft Phase I SOW notes that Preliminary Design and Contract
Design are distinct efforts with Preliminary Design culminating
with a Preliminary Design Review (PDR). The Committee concurs
with this strategy to obligate funds only for the Preliminary
Design option and only after review of the work that is
required under that portion of the contract and PDR is
completed, to execute an option for the Contract Design. This
provides the Coast Guard the opportunity to down select after
completion of Preliminary Design, if needed. This type of
strategy is similar to the competitive prototyping that is
statutorily required for all Department of Defense acquisitions
as a part of the Weapon Systems Acquisition Reform Act of 2009
(Public Law 111-23).
Accordingly, the Committee denies part of the request in
fiscal year 2013 and rescinds $50,000,000 from prior years
based on significant carry over and the inability of the Coast
Guard to fully articulate an acquisition strategy that aligns
with the PLCCE.
The critical need for a replacement of the legacy Medium
Endurance Cutters cannot be denied and that need grows more
each year. However, a cautious acquisition strategy is also
needed so that the acquisition failures, as seen in other
programs, do not delay even further a new and much needed
capability.
MEDIUM ENDURANCE CUTTER SUSTAINMENT
The Committee recommends $18,000,000 for Medium Endurance
Cutter (WMEC) Sustainment, $5,000,000 above the request and
$29,000,000 below the amount provided in fiscal year 2012. The
Committee remains concerned with the sustainability of the WMEC
fleet as programs such as the Offshore Patrol Cutter continue
to be delayed. As the WMEC's continue to age, the Coast Guard
cannot delay a review of the current condition to set a
baseline for future sustainment efforts. The additional funding
shall be used to conduct a WMEC condition survey to address
potential service life extension requirements. The Commandant
of the Coast Guard shall provide Congress with a plan and
timeline for the review 30 days after the date of enactment of
this Act and quarterly thereafter until the study is complete.
POLAR ICE BREAKER VESSEL
The Committee recommends $8,000,000 for the new polar
icebreaker program, the same as the request and $8,000,000
above the amount provided in fiscal year 2012.
MH-60 HELICOPTER
The Committee recommends $28,000,000 for the aircraft
replacement of two MH-60 helicopters, an increase of
$28,000,000 above the request and $9,700,000 above the amount
provided in fiscal year 2012. The Coast Guard continues to
successfully modify former Navy Seahawk helicopters--providing
greater capability at a lower cost. This funding will allow for
the conversion of two additional helicopters and assist in
replacement of assets lost in the line of duty.
HC-130J AIRCRAFT
The Committee recommends $90,000,000 for one HC-130J
aircraft, an increase of $90,000,000 above the request and
$28,000,000 above the amount provided in fiscal year 2012. The
current fleet of HC-130H aircraft are expensive to maintain and
lack the updated technology in the newer J-model aircraft.
However, to date, the Coast Guard has not fully developed a
program of record for the HC-130J even though funding has been
appropriated for nine aircraft and the Coast Guard has stated
that the full requirement is for 22 J-model aircraft. This lack
of program clarity is concerning when costs associated with
existing H-model aircraft continue to increase while mission
capable rates diminish.
The Committee directs the Coast Guard to develop a program
of record for long range surveillance that addresses current
and future requirements and capability.
Further, the Committee directs that funds provided in
Public Law 112-74 for long range surveillance be used to fully
missionize the ninth HC-130J aircraft.
C-27J AIRCRAFT
In January 2012, the United States Air Force announced the
planned retirement of 21, C-27J aircraft. These aircraft were
planned to be assigned to the National Guard to address direct
mission support needs of forward deployed units. Instead, the
Air Force now plans to utilize C-130 aircraft for these
missions. As a result of the planned retirements, the Committee
understands that the Coast Guard is working with the Air Force
on a business case analysis to support the possibility of
transferring the 21 aircraft to the Coast Guard to address
surveillance gaps. The Committee encourages these discussions
and is supportive of such a plan if the Coast Guard can detail
how the transfer will provide greater capability at lower total
costs.
The Committee directs the Coast Guard to provide the
business case analysis as soon as it is completed.
MARITIME PATROL AIRCRAFT
The Committee recommends $55,000,000 for the Maritime
Patrol Aircraft (MPA), an increase of $12,000,000 above the
request and $74,500,000 below the amount provided in fiscal
year 2012. This fully funds one MPA, including funding to
acquire a Mission System Pallet and spares, which were not
included in the fiscal year 2013 request.
PROGRAM OVERSIGHT AND MANAGEMENT
The Committee recommends $10,000,000 for Program Oversight
and Management (PO&M), $15,000,000 below the request and
$16,000,000 below the amount provided in fiscal year 2012. Over
the last eighteen months, the program has obligated $25,000,000
of the almost $71,000,000 that has been appropriated for this
effort. This level of activity does not support the requested
funding and the program has failed to fully justify additional
funds. To address continued deficiencies in the budget
justification, the Coast Guard is again directed to provide a
detailed subdivision of funding requested for government
program management in its justification materials accompanying
the fiscal year 2014 budget submission. This includes providing
funding associated with each subdivision.
SYSTEM ENGINEERING AND INTEGRATION
The Committee denies all funding for System Engineering and
Integration (SEI), a decrease of $2,500,000 from the request
and $17,140,000 below the amount provided in fiscal year 2012.
Additionally, the recommendation includes a rescission of
$20,000,000 from funds previously appropriated. The program
currently has over $47,000,000 in funds from prior years that
have not been utilized. This type of carry over and poor
execution is unacceptable in today's fiscal environment. The
remaining funds provide sufficient funding for SEI activities
in fiscal year 2013 based on prior year obligation history.
MAJOR SHORE CONSTRUCTION, HOUSING, AND AIDS TO NAVIGATION
The Committee recommends $55,500,000 for shore facilities,
military housing, and aids to navigation, $40,500,000 above the
amount requested and $37,400,000 below the amount provided in
fiscal year 2012. Of the funds provided, $30,500,000 is for
renovation and improvement of shore facilities based on the
Coast Guard's prioritized backlog list.
Additionally, $10,000,000 is included for infrastructure
construction, to include design, engineering, and oversight
required to support the continued development of the DHS
consolidated headquarters at St. Elizabeth's.
The Coast Guard is directed to submit an expenditure plan
for these funds to the Committees on Appropriations of the
Senate and House of Representatives no later than 30 days after
the date of enactment of this Act. Further, none of the funds
included above the request may be obligated until five days
after the Coast Guard briefs the Committee on the expenditure
plan for the funds.
MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE
The Committee recommends $49,411,000 for major acquisition
systems infrastructure, the same as the amount requested and
$32,089,000 below the amount provided in fiscal year 2012.
As previously stated and directed, the Coast Guard shall
include the associated costs of major acquisition systems
infrastructure with each capital asset, as applicable, in the
CIP.
ACQUISITION PERSONNEL
The Committee recommends $117,182,000 for direct costs of
acquisition personnel, $216,000 below the amount requested due
to denial of the civilian pay raise and $6,990,000 above the
amount provided in fiscal year 2012.
Research, Development, Test, and Evaluation
Appropriation, fiscal year 2012....................... $27,779,000
Budget estimate, fiscal year 2013..................... 19,728,000
Recommended in the bill............................... 19,690,000
Bill compared with:
Appropriation, fiscal year 2012................... -8,098,000
Budget estimate, fiscal year 2013................. -38,000
MISSION
The purpose of Research, Development, Test, and Evaluation
is to allow Coast Guard to maintain its non-homeland security
research and development capability, while also partnering with
DHS and the Department of Defense to leverage beneficial
initiatives.
RECOMMENDATION
The Committee recommends $19,690,000 for Research,
Development, Test, and Evaluation (RDT&E), $38,000 below the
amount requested and $8,098,000 below the amount provided in
fiscal year 2012. The Committee is dismayed with the
unacceptable lack of detail provided by the Coast Guard in the
fiscal year 2013 Congressional budget justification for this
program. The Committee strongly supports the activities carried
out within this function. However, as noted in prior years, the
level of detail provided in the budget request is insufficient.
The Coast Guard is directed to provide a detailed subdivision
of funding requested for RDT&E, to include a prioritized
listing of planned activities relative to stated mission
requirements, in its justification materials accompanying the
fiscal year 2014 budget submission.
The Coast Guard is strongly encouraged to work with the
Committee prior to the submission of the fiscal year 2014
budget request to clarify the types of information required in
Congressional budget justification materials.
Medicare Eligible Retiree Health Care Fund Contribution\1\
Appropriation, fiscal year 2012....................... $261,871,000
Budget estimate, fiscal year 2013..................... 203,000,000
Recommended in the bill............................... 203,000,000
Bill compared with:
Appropriation, fiscal year 2012................... -58,871,000
Budget estimate, fiscal year 2013................. - - -\1\This account is a permanent indefinite discretionary budgetary
activity and is not carried in the bill.
MISSION
The Medicare-eligible retiree health care fund contribution
provides funding to the Department of Defense Medicare-eligible
health care fund for the health benefits of future Medicare-
eligible retirees currently serving active duty in Coast Guard,
retiree dependents, and their potential survivors. The
authority for Coast Guard to make this payment on an annual
basis was provided in the Department of Defense Appropriations
Act for Fiscal Year 2005.
RECOMMENDATION
While this account requires no annual action by Congress,
the Committee recommends $203,000,000 to fund the Medicare-
eligible retiree health care fund contribution, the same amount
included in the budget submission and $58,871,000 below the
amount provided in fiscal year 2012.
Retired Pay
Appropriation, fiscal year 2012....................... $1,440,157,000
Budget estimate, fiscal year 2013..................... 1,423,000,000
Recommended in the bill............................... 1,423,000,000
Bill compared with:
Appropriation, fiscal year 2012................... -17,157,000
Budget estimate, fiscal year 2013................. - - -
MISSION
This appropriation provides for the retired pay of Coast
Guard military personnel and Coast Guard Reserve personnel, as
well as career status bonuses for active duty personnel. In
addition, it provides payments to members of the former
Lighthouse Service and beneficiaries pursuant to the retired
serviceman's family protection plan and survivor benefit plan,
as well as payments for medical care of retired personnel and
their dependents under the Dependents' Medical Care Act.
RECOMMENDATION
The Committee recommends $1,423,000,000 for Retired Pay,
the same as the amount requested and $17,157,000 below the
amount provided in fiscal year 2012. The Committee includes
bill language allowing funds to remain available until
expended. The Coast Guard's Retired Pay appropriation is a
mandatory budgetary activity.
United States Secret Service
Salaries and Expenses
Appropriation, fiscal year 2012....................... $1,661,237,000
Budget estimate, fiscal year 2013..................... 1,544,113,000
Recommended in the bill............................... 1,556,055,000
Bill compared with:
Appropriation, fiscal year 2012................... -105,182,000
Budget estimate, fiscal year 2013................. +11,942,000
MISSION
The United States Secret Service has statutory authority to
carry out two primary missions: protection of the Nation's
leaders and investigation of financial and electronic crimes.
The Secret Service protects and investigates threats against
the President and Vice President, their families, visiting
heads of state, and other designated individuals; protects the
White House, Vice President's Residence, foreign missions, and
other buildings within Washington, D.C.; and manages the
security at National Special Security Events (NSSEs). The
Secret Service also investigates violations of laws relating to
counterfeiting of obligations and securities of the United
States; financial crimes that include, but are not limited to,
access device fraud, financial institution fraud, identity
theft, and computer fraud; and computer-based attacks on
financial, banking, and telecommunications infrastructure. The
agency also provides support for investigations related to
missing and exploited children.
RECOMMENDATION AND ACCOUNT RESTRUCTURING
The Committee recommends $1,556,055,000 for Salaries and
Expenses, $11,942,000 above the amount requested and
$105,182,000 below the amount provided in fiscal year 2012
under the Salaries and Expenses appropriation. This includes a
significant decrease for the 2012 Presidential campaign season,
reflecting the winding down of the campaign: a $55,502,000
decrease for costs associated with candidate nominee
protection, totaling $988,334,000 for costs associated with the
core protective missions, $65,995,000 below the amount provided
in fiscal year 2012. It does not include $4,058,000 proposed
for a fiscal year 2013 pay raise.
The recommendation includes $340,224,000 for
investigations, $16,000,000 above the request, to reflect
sustaining forensic support and grant assistance for
investigations on missing and exploited children, increasing
support for electronic crimes investigations, and realigning
support for operations of the National Computer Forensics
Institute (NCFI) to the Secret Service, all described in more
detail below.
The recommendation includes $4,500,000, as requested, for
contingencies associated with NSSEs in fiscal year 2013. Base
adjustments reflect a transfer out, as requested, of
$42,824,000 for Information Integration and Technology
Transformation (IITT) from the Headquarters, Management and
Administration PPA (Salaries and Expenses) to the Acquisition,
Construction and Improvements (ACI) appropriation account.
A comparison of the budget estimate to the Committee
recommended levels, by budget activity, is as follows under the
current PPA structure:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Headquarters Management and $174,669,000 $170,611,000
Administration...................
Protection
Protection of Persons and 837,646,000 837,646,000
Facilities...................
Protective Intelligence 68,373,000 68,373,000
Activities...................
Presidential Candidate Nominee 57,960,000 57,960,000
Protection...................
National Special Security 4,500,000 4,500,000
Event Fund...................
White House Mail Screening.... 19,855,000 19,855,000
-------------------------------------
Subtotal, Protection...... 988,334,000 988,334,000
Investigations
Domestic Field Operations..... 238,553,000 238,553,000
International Field Office 31,016,000 31,016,000
Administration, Operations,
and Training.................
Electronic Crimes Special 54,655,000 62,289,000
Agent Program and Electronic
Crimes Task Forces...........
Support for Missing and - - - 8,366,000
Exploited Children...........
-------------------------------------
Subtotal, Investigations.. 324,224,000 340,224,000
Information Integration and 1,137,000 1,137,000
Technology Transformation........
Training
Rowley Training Center........ 55,749,000 55,749,000
-------------------------------------
Total, Salaries and $1,544,113,000 $1,556,055,000
Expenses.............
------------------------------------------------------------------------
The budget request proposed a reorganization of the
Salaries and Expenses appropriation into an Operating Expenses
appropriation, regrouping PPA categories to align with mission
requirements, consolidate personnel costs and facilitate
financial execution and reporting. The Committee acknowledges
there is some merit in separating out personnel costs and
operations costs, given the need to adjust spending between
protection, investigations and other activities throughout the
year, and the need to seek reprogramming approval can result in
making staffing adjustments in a more efficient way. In
addition, the Committee agrees that certain PPA categories no
longer need to be maintained as separate reporting lines, as
they are relatively stable activities that no longer need to be
tracked as unique PPAs.
The Committee, therefore, recommends a modified revision of
account structure, aligning pay and benefits into two PPAs
(protection and headquarters/investigations/other activities),
while consolidating the remaining funding into four main
categories: protective operations; presidential campaigns and
events of national significance, including NSSEs; investigative
operations; and a PPA for headquarters, training, and
enterprise mission support. With this change, pay and benefits
costs are now fully visible, whereas they had previously been
distributed across a number of program areas.
Existing PPAs are revised as follows: existing
Headquarters, Management and Administration is split, with
personnel costs going to Pay and Benefits--Headquarters PPA and
the remaining funding going to the Headquarters, Training, and
Enterprise Mission Support, which will also include the
existing Rowley Training PPA. All PPAs currently listed under
``Protection'' are split, with personnel costs going to the Pay
and Benefits--Protection PPA, and with the operational costs
for the Protection of Persons, Intelligence, and White House
Mail Screening going to the Protective Activities PPA, with the
costs for Presidential Candidate--Nominee Protection and NSSE
PPAs going to the Presidential Campaigns and Events of National
Significance PPA. The personnel costs for investigative
activities are included in the Pay and Benefits--Headquarters,
Investigations, and Other Activities PPA, while investigative
operating costs remain as separate PPAs in existing categories
(Domestic Field Office Operations, International Field Office
Operations, Electronic Crimes Special Agent Program/Electronic
Crimes Task Forces). Finally, support for and grants for
investigations of missing and exploited children funding is
split between personnel costs (most of the investigative
support) being funded from the Pay and Benefits--Headquarters,
Investigations, and Other Activities PPA, and grants and a
small amount of support funding is included under Domestic
Field Office Investigative Operations.
The funding recommendation is displayed in the new PPA
structure as follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Pay and Benefits
Pay and Benefits--Protection.. [$770,190,000] $767,677,000
Pay and Benefits-- [334,893,000] 335,425,000
Headquarters, Investigations,
and Other Activities.........
-------------------------------------
Subtotal, Pay and Benefits 1,105,083,000 1,103,102,000
Protective Operations............. 190,362,000 190,362,000
Presidential Campaigns and Events 27,783,000 27,783,000
of National Significance.........
Investigative Operations..........
Domestic Field Office [54,295,000] 60,585,000
Operations...................
International Field Office [17,463,000] 17,463,000
Operations...................
Electronic Crimes Special [13,533,000] 21,166,000
Agent Program/Electronic
Crimes Task Forces...........
-------------------------------------
Subtotal, Investigative 85,291,000 99,214,000
Operations...............
Headquarters, Training, and 135,594,000 135,594,000
Enterprise Mission Support.......
-------------------------------------
Total, Salaries and $1,544,113,000 $1,556,055,000
Expenses.............
------------------------------------------------------------------------
2012 PRESIDENTIAL CAMPAIGN
The bill includes $985,821,000 for protection, including
$57,960,000, as requested, for protection of presidential
candidates during the last quarter of the 2012 campaign, and
$63,495,000 below the amount provided in fiscal year 2012, as
requested, reflecting the winding down of the 2012 Presidential
campaign. This level reflects the funding under the proposed
new structure from the following three PPAs: Pay and Benefits--
Protection ($767,677,000), Protective Operations ($190,362,000)
and Presidential Campaigns and Events of National Significance
($27,783,000). The Committee directs the Secret Service, in
consultation with the DHS Chief Financial Officer (CFO), to
update its 2012 campaign financial plan to reflect associated
fiscal year 2013 costs and spending, and provide a briefing to
the Committees no later than thirty days after the date of
enactment of this Act.
INTERNATIONAL FIELD INVESTIGATIONS
The Secret Service continues to show significant results
from its efforts to stop the counterfeiting of U.S. currency,
in concert with those of its counterparts in the Government of
Colombia, and is building on this effort in its field offices.
The Committee directs the Secret Service, in conjunction with
the DHS Office of Policy, to keep it informed of developments
in international investigative missions.
ELECTRONIC CRIMES SPECIAL AGENT PROGRAM AND ELECTRONIC CRIMES TASK
FORCE
Recognizing Secret Service is a ``frontline'' operational
agency, and ramping down from a Presidential campaign, the
Committee's focus is on supporting the integration of new
technology and funding operational mission support. Through its
Electronic Crime Special Agent Program (ECSAP), and its
leadership of a network of Electronic Crimes Task Forces (ECTF)
that comprise Federal, State, and local law enforcement
partners, the financial and information technology industries,
and academic and research communities, the Secret Service is
able to maintain a highly effective presence in this rapidly
evolving area. Key to this is the subject matter expertise
related to cyber forensics and cyber crime that the ECSAP
program offers.
ECSAP was established to provide special agents with basic
and advanced computer forensics training, in order to conduct
investigative examinations on electronic evidence obtained from
computers, personal data assistants, and other forms of
electronic media. As a result, the Secret Service is
continually recognized as one of the most effective U.S.
Government agencies in combating cyber crime. For the Secret
Service to continue providing training and education for State
and local law enforcement through the National Computer
Forensics Institute (NCFI), and to enhance the capacity to
undertake more electronic crimes investigative efforts, the
Committee recommends $62,289,000 for ECSAP/ECTF, $9,238,000
above the amount provided in fiscal year 2012, and $7,634,000
above the amount requested. Under the new account structure,
this includes $21,166,000 from the ECSAP/ECTF Investigative
Operations PPA and $41,123,000 included under Pay and
Benefits--Headquarters, Investigations, and Other Activities.
This reflects the realignment of $4,000,000 from NPPD to
continue current Secret Service training at the NCFI, and
enhancement of the overall effort to address the challenge of
growing financial and cyber crime.
STATE AND LOCAL CYBERCRIME TRAINING
The Committee is aware that an increasing amount of
criminal activity involves digital evidence or originates on a
computer or cellphone. These criminal acts include drug deals
made by text message, financial fraud, child predation, and
phishing schemes run through websites and emails. The
investigation of these crimes requires highly technical
training in computer forensics. The Committee supports and
encourages the efforts of the United States Secret Service to
train State and local law enforcement, prosecutors, and judges
with regard to the investigation of digital evidence and
prosecution of cybercrimes.
NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN
The National Center for Missing and Exploited Children,
(NCMEC) was created in 1984 to serve as the Nation's resource
on the issues of missing and sexually exploited children. The
organization provides information and resources to law
enforcement, parents, and children, including child victims, as
well as other professionals. Under the provisions of the
Violent Crime Control Act of 1994, Congress directed the Secret
Service to provide forensic and technical assistance in matters
involving missing and exploited children to NCMEC and other
Federal, State, and local law enforcement agencies.
Additionally, The PROTECT ACT of 2003, known as the ``Amber
Alert Bill,'' amended 18 U.S.C. Sec. 3056 to authorize the
Secret Service to provide forensic and investigative assistance
to any investigation involving missing or exploited children.
The historical recipient of grant funding related to missing
and exploited children has been NCMEC, and the Secret Service
currently provides investigative assistance and liaison to
NCMEC headquarters by facilitating services available through
the Secret Service Forensic Services Division. The Committee
supports continuing this effort and therefore recommends
sustaining the current funding level of $2,366,000 for forensic
and investigative support related to missing and exploited
children, and $6,000,000 for grants related to investigations
of missing or exploited children.
STANDARDS AND CONDUCT FOR SECRET SERVICE PERSONNEL
The Committee understands that the Secret Service is
reviewing its professional standards of conduct, in conjunction
with the investigation into allegations of improper actions by
Secret Service agents and officers in Colombia, and has issued
new guidance for procedures and conduct of employees when
engaged in overseas operations and protective missions. The
Committee expects the Secret Service to take all steps
necessary to ensure that it has in place the proper training
and protocols to prevent similar incidents in the future and to
hold violators accountable for improper actions. Accordingly,
the Committee directs the Secret Service's Office of
Professional Responsibility to provide a briefing, no later
than 30 days after the date of enactment of this Act, on
measures taken and under consideration to reinforce, amend, or
supplement existing codes of conduct or other policies to
prevent future incidents and to ensure that the Secret Service
maintains the highest standards of integrity, consistent with
its critical missions and unique position of public trust.
Acquisition, Construction, and Improvements
Appropriation, fiscal year 2012....................... $5,380,000
Budget estimate, fiscal year 2013..................... 56,750,000
Recommended in the bill............................... 56,750,000
Bill compared with:
Appropriation, fiscal year 2012................... 51,370,000
Budget estimate, fiscal year 2013................. - - -
MISSION
This account supports the acquisition, construction,
improvement, equipment, furnishing and related cost for
maintenance and support of Secret Service facilities, including
the Secret Service Memorial Headquarters Building and the James
J. Rowley Training Center (JJRTC). It also provides for ongoing
costs and investment for critical Information Integration and
Technology Transformation, a program to sustain the information
technology capabilities needed to support the Secret Service
protective and investigative missions.
RECOMMENDATION
The Committee recommends $56,750,000, the same level as
requested in the budget and $51,370,000 above the amount
provided in fiscal year 2012. The increase to support the
Acquisition, Construction, and Improvements (ACI) account that
supports Secret Service facilities, including the Secret
Service Memorial Headquarters Building and the JJRTC, includes
the requested realignment of $42,824,000 for Information
Integration and Technology Transformation (IITT) from the
Headquarters, Management and Administration PPA (Salaries and
Expenses) for non-personnel costs associated with the project,
and a program increase of $9,496,000 requested to redesign and
deploy a new Secret Service database infrastructure, upgrade IT
and communication systems, and improve Secret Service cyber
security. Adjustments to the base also reflect a non-recurring,
one-time funding of $950,000 provided in fiscal year 2012 for
deferred maintenance at the JJRTC.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Management and Administration
Appropriation, fiscal year 2012....................... $50,695,000
Budget estimate, fiscal year 2013..................... 50,321,000
Recommended in the bill............................... 45,321,000
Bill compared with:
Appropriation, fiscal year 2012................... -5,374,000
Budget estimate, fiscal year 2013................. -5,000,000
MISSION
The National Protection and Programs Directorate (NPPD)
includes programs focused on the security of the Nation's
physical and cyber infrastructure and interoperable
communications systems. The Management and Administration
account funds the immediate office of the Under Secretary for
National Protection and Programs; provides for administrative
overhead costs such as IT support and shared services; and
includes a national planning office for development of standard
doctrine and policy for infrastructure protection and cyber
security.
RECOMMENDATION
The Committee recommends $45,321,000 for the Office of the
Under Secretary for NPPD, $5,000,000 below the amount requested
and $5,374,000 below the amount provided in fiscal year 2012.
The recommendation includes a decrease of $5,000,000 as a
result of DHS budget request's reliance upon unauthorized fee
collections, a flawed request regarding CBP's access to fee
collections, and poor compliance with statutory requirements.
Further, the recommended level does not include funding for the
civilian pay raise.
The Committee is dismayed that NPPD failed to provide an
edited transcript or questions for the record with respect to
its fiscal year 2013 budget hearing in a timely manner. The
blatant dismissal of deadlines is disturbing and significantly
hinders the Committee's ability to perform oversight of these
vital programs.
Infrastructure Protection and Information Security
Appropriation, fiscal year 2012....................... $888,243,000
Budget estimate, fiscal year 2013..................... 1,166,633,000
Recommended in the bill............................... 1,110,430,000
Bill compared with:
Appropriation, fiscal year 2012................... +222,187,000
Budget estimate, fiscal year 2013................. -56,203,000
MISSION
Infrastructure Protection and Information Security (IPIS)
works to reduce the vulnerability of the Nation's critical
infrastructure, key resources, information technology networks,
and telecommunications systems to terrorist attacks and natural
disasters. IPIS is also responsible for maintaining effective
telecommunications for government users in national
emergencies, and for establishing policies and promoting
solutions for interoperable communications at the Federal,
State, and local level.
RECOMMENDATION
The Committee recommends $1,110,430,000 for Infrastructure
Protection and Information Security, $56,203,000 below the
amount requested for fiscal year 2013 and $222,187,000 above
the amount provided in fiscal year 2012.
The Committee recommends $225,765,000 for Infrastructure
Protection, $29,317,000 below the amount requested for fiscal
year 2013 and $69,687,000 below the amount provided in fiscal
year 2012. This decrease is due to significant unobligated
balances within Infrastructure Security Compliance programs and
continued delays with the implementation of the Chemical
Facility Anti-Terrorism Standards (CFATS) program.
The Committee recommends $884,665,000 for the National
Cyber Security Division (NCSD), $26,886,000 below the amount
requested and $291,874,000 above the amount provided in fiscal
year 2012. The Committee realigns $4,000,000 for the National
Computer Forensic Institute to the United States Secret
Service. Reductions to the Network Security Deployment PPA are
attributable to the continued concern with the ability of the
NCSD to fully obligate the funds provided by Congress. The
Committee recommends $18,947,000, a decrease of $3,010,000
below the request and $5,045,000 below the amount provided in
fiscal year 2012 for Global Cyber Security Management, as a
result of the failure to fully justify the requested funds. The
recommendation includes $12,930,000 for the Programs to Study
and Enhance Telecommunications, a decrease of $6,664,000 from
the request and $511,000 below the amount provided in fiscal
year 2012 due to the termination of the Critical Infrastructure
Warning Information Network.
A comparison of the budget estimate to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget Request Recommendation
------------------------------------------------------------------------
Infrastructure Protection:
Infrastructure Analysis & $56,909,000 $56,866,000
Planning.....................
Sector Management & Governance 67,132,000 67,061,000
Regional Field Operations..... 56,497,000 56,418,000
Infrastructure Security 74,544,000 45,420,000
Compliance...................
-------------------------------------
Subtotal, Infrastructure 255,082,000 225,765,000
Protection...............
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination.... 3,995,000 3,986,000
US-Computer Emergency 93,002,000 92,927,000
Readiness Team Operations....
Federal Network Security...... 236,014,000 235,992,000
Network Security Deployment... 345,046,000 328,046,000
Global Cyber Security 21,957,000 18,947,000
Management...................
Critical Infrastructure Cyber 62,763,000 62,748,000
Protection & Awareness.......
Business Operations........... 6,227,000 6,211,000
-------------------------------------
Subtotal, Cybersecurity... 769,004,000 748,857,000
Communications:
Office of Emergency 38,689,000 38,654,000
Communications...............
Priority Telecommunications 53,286,000 53,265,000
Services.....................
Next Generation Networks...... 20,000,000 19,999,000
Programs to Study and Enhance 19,594,000 12,930,000
Telecommunications...........
Critical Infrastructure 10,978,000 10,960,000
Protection Programs..........
-------------------------------------
Subtotal, Communications.. 142,547,000 135,808,000
-------------------------------------
Subtotal, 911,551,000 884,665,000
Cybersecurity and
Communications.......
-------------------------------------
Total, Infrastructure $1,166,663,000 $1,110,430,000
Protection and
Information Security.
------------------------------------------------------------------------
CHEMICAL FACILITY ANTI-TERRORISM STANDARDS AND AMMONIUM NITRATE
Section 550 of Public Law 109-295 authorized DHS to
regulate security at high-risk chemical plants and other
locations that maintain large quantities of potentially
dangerous chemicals. Further authority to regulate the sale or
transfer of ammonium nitrate fertilizer was granted to DHS in
Public Law 109-329. Since that time and in spite of ample
appropriations provided by Congress, the Department has made
little progress carrying out its regulatory responsibilities
for either the Chemical Facility Anti-Terrorism Standards
(CFATS) program or Ammonium Nitrate.
In December 2011, an internal memorandum disclosed numerous
problems with the CFATS program. To address these issues, an
action plan was developed by NPPD leadership with tasks and
duties assigned throughout the organization. While the
Committee commends NPPD for undertaking the review and
developing a subsequent action plan, the Committee remains
concerned with the troubling findings of the internal review
and the future implementation of the program that was
originally authorized over five years ago. It is the
Committee's understanding that even with the changes that are
currently being implemented, it will still be more than a year
before the CFATS regulatory process authorizes, approves, and
inspects even a single facility of the over 4,500 facilities
that are part of the program. Furthermore, based on information
received by the Committee, it may be almost seven years before
all facilities will be fully authorized, approved, and
inspected. This type of timeline and lack of progress is
unacceptable.
In contrast to the CFATS implementation, the Committee
notes the urgency and competence the Coast Guard demonstrated
in successfully implementing MTSA, a far more extensive
regulatory regime. In comparison to the CFATS program, the
Coast Guard successfully implemented a regulatory review and
compliance program for all port facilities, including chemical
facilities, as required by the Maritime Transportation Security
Act of 2002. In less than two years after enactment of that
Act, vessels and port facilities had conducted vulnerability
assessments and developed security plans to include: passenger,
vehicle, and baggage screening procedures; security patrols;
restricted areas; personnel identification procedures; access
control measures; and/or installation of surveillance
equipment. The Coast Guard had reviewed and approved these
plans and, to this day, continues to regularly inspect the
facilities and vessels for compliance to ensure there is a
consistent, risk-based security program for all the Nation's
ports to better identify and deter threats.
While statutory requirements for standards associated with
section 550 and MTSA are not the same, the Committee expects
the Department to effectively manage serious programs to
mitigate real risks. Because the Coast Guard was able to meet
its statutory requirements, whereas NPPD has challenged to meet
the statutory requirements of the CFATS program, the Committee
directs the Under Secretary for NPPD, in conjunction with the
Commandant of the Coast Guard, to undertake a critical review
of the Department's implementation of the CFATS program. The
review is to focus on program implementation, personnel
management, inspector training, review and enforcement of site
security plans, and collaboration and communication within the
Infrastructure Security Compliance Division (ISCD) and the
CFATS regulated community. Specifically, the review shall
address the following questions:
1. Is the ISCD organized to efficiently, effectively,
and faithfully carry out the requirements detailed in
Section 550 of Public Law 109-295? If not, what are the
organizational gaps? How should it be structured and
manned to ensure faithful execution of Section 550 of
Public Law 109-295?
2. Is the Site Security Plan program sufficient and
justified to accomplish the goals of the CFATS program?
Can the program authorize, approve, and inspect
facilities in a timely manner, and what constitutes
``timely''? Are there alternatives that are less
onerous than the requirements currently required under
CFATS?
3. Should the facility inspection process be
streamlined and if so, what is the most efficient
mechanism to do so, particularly for low-threat
facilities?
4. Are the requirements for ISCD personnel for the
inspection process--to include manning, training, site
visits, and enforcement--being met? If not, how would
they be satisfied?
5. Have clear training and guidance materials been
provided to the inspectors so that they can review
security plans and conduct inspections consistently,
regardless of the type of facility visited?
6. Has ICSD developed adequate plans for follow up
inspections for entities whose Site Security Plans have
been approved? For example, should the facility be
audited on an annual basis if there has been a
modification to the structure or infrastructure support
at the facility, if there has been a modification in
security measures, or if there has been a modification
to operations that impacts security processes or
procedures?
7. Does the CFATS program include the appropriate
level of stakeholder outreach to address valid industry
concerns? What mechanisms are in place to ensure not
only consistent outreach, but also inclusion and use of
valid tools and services that stakeholders could offer?
8. Are the requirements outlined in the Information
Collection Request Reference Number 201105-1670-002
duplicative of other programs? Are there more efficient
and effective methods to ensure that a risk-based
performance standard for personnel surety programs is
not overly prescriptive and costly?
Also, the report shall include a detailed blueprint to
include timelines and cost for how the Department shall correct
deficiencies identified in the review and action plan. The
Committee directs the Under Secretary and the Commandant to
submit the report to the Committees on Appropriations of the
Senate and the House and the relevant authorizing committees of
jurisdiction, including the House Committees on Energy and
Commerce and on Homeland Security, no later than April 1, 2013.
ALTERNATIVE SECURITY SITE PLANS
The Committee directs the Under Secretary of NPPD to
provide a report to the Committees on Appropriations of the
Senate and the House and the relevant authorizing committees of
jurisdiction, to include the House Committees on Energy and
Commerce and on Homeland Security, no later than April 1, 2013
on how the CFATS program is addressing the use of alternative
security programs established by private sector entities in the
implementation of the CFATS program as authorized in Section
550, Public Law 109-295. In light of estimates that it may be
seven years before all facilities have an approved Site
Security Plan and are inspected, NPPD must look at alternative
methods to address the massive backlog of unapproved site
security plans. While alternative site security programs may
not be advisable for high-risk facilities, the Committee
believes that in many cases the use of alternative programs may
be an efficient and effective method to reduce the backlog
currently in existence.
PERSONNEL SURETY PROGRAM
As noted above, section 550 of the fiscal year 2007 DHS
Appropriation Act required DHS to establish risk-based
performance standards for chemical facilities. In 2009, DHS
promulgated an interim rule outlining 18 Risk-Based Performance
Standards (RBPS) with which covered chemical facilities must
comply. Included in the regulations was a performance standard
for personnel surety (6 CFR 27.230(a)(12)) that requires
covered chemical facilities to verify and validate identity,
check criminal history, verify and validate legal authorization
to work, and identify individuals with terrorist ties. In order
to comply with the latter, DHS has proposed creating a program
that is a biographic information-based screening program that
will require industry to submit names of individuals to DHS to
be screened against the Terrorist Screening Database (TSDB).
The Committee has several concerns with this proposal for
personnel surety. First, industry has asserted that many
individuals requiring access to chemical facilities have TWICs;
and, therefore, the new screening program would be redundant.
The effort associated with implementing a new, redundant
screening program may force facilities to divert precious
resources from other more vulnerable areas. Second, as the new
screening program is currently designed, a facility will not
necessarily be notified if a person has been identified in the
TSDB. While the Committee understands the need to protect
ongoing investigations, the liability concerns of allowing a
person in the TSDB into a chemical facility is distressing to
the Committee and to industry stakeholders.
The Committee directs the Under Secretary of NPPD to
address these concerns prior to moving forward with the
currently proposed personnel surety program. Further, the Under
Secretary shall provide a report to the Committees on
Appropriations of the Senate and the House and the relevant
authorizing committees of jurisdiction, including the House
Committees on Energy and Commerce and on Homeland Security, no
later than April 1, 2013 on steps NPPD is taking: (1) to
leverage the existing infrastructure within DHS and industry to
avoid costly duplication of programs; and (2) to ensure safety
of facilities is not compromised inadvertently due to
protection of criminal investigations. The report shall also
include an assessment of how many chemical workers are already
covered by other DHS screening programs, notably TWIC. While
the Department has resisted making such an assessment, the
Committee contends it is necessary information in determining
the appropriate screening mechanism for CFATS compliance.
AUTOMATED AND CONTINUOUS MONITORING
The Federal government has a duty to the taxpayer and
American citizens to secure Federal information systems. While
progress has been made in this regard, there is significant
room for improvement. Many of these improvements do not require
legislative relief or substantial increases in Federal agency
discretionary spending, but instead require higher
prioritization by the Administration and the Office of
Management and Budget (OMB) to ensure agencies and Departments
secure their networks. The failure by OMB to compel Departments
and agencies to secure their networks by requiring them to
properly resource needed reforms is distressing and it can no
longer continue. These failures are highlighted in the recently
released annual Federal Information Security Management Act
(FISMA) report to Congress. Significant areas of concern
include uneven efforts for continuous monitoring and traffic
consolidation to Trusted Internet Connections.
To provide a cost effective and immediate option to address
the need for automated and continuous monitoring on Federal
(``.gov'') networks, the Committee recommends $202,000,000 for
a new automated and continuous monitoring program as specified
in title V of this bill. The budget request included funds for
a cyber-capability improvement program that required the
transfer of funds to other departments notwithstanding section
503 of this bill. The Committee specifically denies this
request.
The funds recommended shall be used to implement OMB
Memorandum 10-28 by providing oversight, support and assistance
to Federal agency efforts to help secure government networks.
Specifically, the funds shall be used to provide adequate,
risk-based, and cost-effective cybersecurity to address
escalating and rapidly evolving threats to information
security, to include the acquisition of an automated and
continuous monitoring program. Software procured by these
funds, however, shall not collect or store personally
identifiable information nor monitor the content of network
traffic. This program shall also be installed, maintained, and
operated in accordance with all applicable privacy laws and
related agency restrictions regarding personally identifiable
information and sensitive data or content. This diagnostic
program must therefore ensure both the security and network
integrity of Federal government systems as neither can be
compromised.
The Committee provides this funding in a similar structure
as it has previously provided funds for National Cyber Security
Protection program, also known as Einstein. However, the
Committee notes that there is no statutory requirement for
agencies to use the DHS-funded systems and they could use their
own funding, if OMB approves it, to procure such systems. The
Committee further notes that departments and agencies may, with
OMB concurrence, fund other programs based on agency specific
mission requirements. The Committee includes language that
specifically states that funds may not be used to supplant
agency budgets. The tools DHS will procure through this funding
will be more cost effective since it is one, relatively large
and scalable program instead of multiple disparate programs.
The Committee believes that these funds used for these purposes
provide a strong option for agencies to obtain and install
automated and continuous monitoring on their networks by the
end of fiscal year 2013.
The Committee directs that the required expenditure plans
be provided to the appropriate subcommittee of jurisdiction on
the Committees on Appropriation.
The Committee directs the Under Secretary for NPPD to
submit a report detailing the obligation and expenditure of
funds no later than January 1, 2013 and quarterly thereafter to
the Committees on Appropriations of the Senate and the House of
Representatives.
NATIONAL CYBER SECURITY PROTECTION SYSTEM
The Committee recommends $328,046,000 for the National
Security Deployment and the National Cyber security Protection
System (NCPS). NCPS, also known as Einstein, is an integrated
system of intrusion detection, analytics, intrusion prevention,
and information sharing capabilities that are used to defend
Federal civilian department and agency information technology
infrastructure from cyber threats.
The deployment of the intrusion detection capabilities of
Einstein 1 and 2 has been hindered and significantly slowed by
lack of prioritization within other Federal civilian
departments and agencies to include non-compliance with the
requirement to consolidate traffic through Trusted Internet
Connections. This apathetic attitude towards improving cyber
security continues today in various departments and agencies.
The absence of emphasis on protecting networks puts our Nation
at risk and can no longer be tolerated.
The deployment of capability to prevent intrusions with
Einstein 3 will alleviate some of these obstacles but still
requires the departments and agencies to cooperate with DHS. As
with other cyber programs, a legislative remedy is not
necessarily required. Instead, OMB shall ensure that each
agency participates in this government-wide program by
resourcing internal network security programs properly and by
fully cooperating with DHS as DHS works to segregate all
government traffic within various internet service providers.
OUTREACH TO VETERANS
The Committee is aware of the growing need for well-trained
cyber security, computer forensics, and information assurance
professionals at every level of government and throughout the
private sector. The Committee is also aware of the alarming
unemployment rate among post 9/11 era veterans, especially
younger veterans. Attempts have been made to address these
concerns, but challenges remain. By effectively training
veterans in these critical areas of need, the government can
enable employment and address the growing threat of cyber-
attacks. The Committee directs the Secretary of Homeland
Security, in conjunction with the Departments of Veterans
Affairs, Defense, and Labor to develop a plan for a veteran's
cybersecurity workforce that will leverage training
capabilities across government, academia, and the private
sector to put veterans to work securing our Nation's cyber
infrastructure.
CYBERSECURITY PARTNERSHIPS
The Committee directs the Under Secretary for NPPD to
review existing government cyber organizations to leverage the
vast capability that already exists in organizations outside of
NPPD. There are numerous organizations throughout the Nation
that work every day in the cybersecurity environment. Their
experience should be sought and used.
GRANT PROGRAMS
The Committee directs the Under Secretary for NPPD to
provide a report detailing all NPPD grant programs, the
justification for the program, the strategy for how the
programs align with the NPPD mission, and future funding
requirements. In addition to the requirements in Section 507 of
this bill, the Under Secretary of NPPD shall include a summary
of the market research that was conducted to justify the award
of a sole-source grant.
Federal Protective Service
Appropriation, fiscal year 2012....................... $1,261,537,000
Budget estimate, fiscal year 2013..................... 1,301,824,000
Recommended in the bill............................... 1,301,824,000
Bill compared with:
Appropriation, fiscal year 2012................... +40,287,000
Budget estimate, fiscal year 2013................. - - -
MISSION
The Federal Protective Service (FPS) is responsible for the
protection of federally owned and leased buildings and
properties, particularly those under the charge and control of
the General Services Administration (GSA). Funding for FPS is
provided through a security fee charged to all GSA building
tenants in FPS-protected buildings. FPS has three major law
enforcement initiatives: Protection Services to all Federal
facilities throughout the United States and its territories;
expanded intelligence and anti-terrorism capabilities; and
Special Programs, including weapons of mass destruction
detection, hazardous material detection and response, and
canine programs.
RECOMMENDATION
The Committee recommends $1,301,824,000 for FPS, the same
as the amount requested and $40,287,000 above the amount
provided in fiscal year 2012. All of these expenditures will be
paid by fees collected from FPS customer agencies.
Office of Biometric Identity Management
Appropriation, fiscal year 2012....................... - - -
Budget estimate, fiscal year 2013..................... - - -
Recommended in the bill............................... $191,380,000
Bill compared with:
Appropriation, fiscal year 2012................... +191,380,000
Budget estimate, fiscal year 2013................. +191,380,000
MISSION
The new Office of Biometric Identity Management (OBIM) is
the lead entity within DHS responsible for biometric identity
management services through its management of the Automated
Biometric Identification System, or IDENT. OBIM takes the most
significant and cross-cutting responsibility from what was
known as the United States Visitor and Immigrant Status
Indicator Technology (US-VISIT) program--namely to serve
customers across DHS, at other Federal agencies, more broadly
to State and local law enforcement, and foreign partners
through storage of biometric identities, recurrent matching
against derogatory information, and other biometric expertise
and services. As the steward of IDENT and a center of expertise
related to biometrics, OBIM provides an invaluable capability
to bolster our national security and public safety, as well as
the integrity of our immigration system. OBIM is responsible
for furthering full interoperability and real-time data sharing
among the Homeland Security, Justice, and Defense Departments'
biometric identity management systems.
RECOMMENDATION
The Committee recommends $191,380,000 for OBIM. This level
includes: $34,894,000 for Salaries and Expenses; $15,980,000
for Systems Engineering; $120,450,000 for Operations and
Maintenance, to include $65,500,000 for IDENT; and $20,056,000
for Identity Management and Screening Services. Funding is not
provided for OBIM to continue US-VISIT's staff rotations to
international partner agencies. However, the Committee strongly
supports continuation of core international activities that
result in or further actual data sharing arrangements including
OBIM's support of the Five Country Conference biometric sharing
and Visa Waiver Program data sharing. OBIM is strongly
encouraged to identify other efficiencies through reassessing
its staffing, travel, and contractor support requirements
through this transition.
The budget request proposed $261,523,000 in CBP and
$17,610,000 in ICE for a total request of $279,133,000 for US-
VISIT activities. The Committee recommends $60,959,000 to ICE
in order to fully fund overstay analysis previously performed
by US-VISIT, to include the Data Integrity Group (DIG), the
Arrival and Departure Information System (ADIS), and overstay
analysis services. The Committee also recommends $12,284,000 to
CBP related to entry/exit policy and operations.
The Committee directs OBIM to work with ICE in developing a
transition plan to appropriately split contractor support for
ADIS and IDENT. The bill provides language allowing OBIM and
ICE to transfer up to $5,000,000 to each other to support the
transition plan and facilitate smooth operation of ADIS in the
interim period.
As a result of the redistribution of US-VISIT
responsibilities to the appropriate mission owners, the
Committee has identified $14,510,000 in savings in this bill.
The funding recommended in this bill supports current service
levels, maintains staffing, and realizes additional
efficiencies when compared with the budget request.
CONGRESSIONAL BUDGET JUSTIFICATION
OBIM is directed to provide an expenditure plan detailing
all fund allocations and staff realignments for the fiscal
year, including other efficiencies. The bill also includes a
requirement for a multi-year investment and management plan to
be provided at the time of the President's budget submission
and updated on an annual basis to fully justify requested funds
for OBIM as well as project future year requirements and
funding levels for projects that cross multiple fiscal years.
The requirement for better justification at the time of the
request not only instills more discipline in planning processes
enabling more effective oversight, but also eliminates the need
for expenditure plans and withholding of funds well into the
fiscal year of budget execution. A total of $25,000,000 will be
withheld until the multi-year investment and management plan is
received. OBIM, in conjunction with the Chief Financial
Officer, is encouraged to continue working with the Committee
in developing new materials for the Congressional Budget
Justifications as was recommended in last year's report.
OPERATIONS AND MAINTENANCE
The Committee includes $120,450,000 for Operations and
Maintenance. IDENT will continue to provide essential services
to the immigration and border management enterprise and support
the needs of the Department and other Federal, State, local law
enforcement and international partners. The Committee also
encourages OBIM to continue its efforts to reduce IDENT
infrastructure operating costs while ensuring that current
level of services are maintained. Additionally, many
contractors have overlapping responsibilities, especially in
supporting both ADIS and IDENT functions; fingerprint analysis;
data center mirroring and migration efforts; and overstay
analysis. Additional efficiencies should be realized through
rebaselining the contractor levels required to support core
IDENT functionalities. The Committee directs OBIM to include
these efficiencies in its expenditure plan.
IDENTITY MANAGEMENT AND SCREENING SERVICES
The Committee includes $20,056,000 for Identity Management
and Screening Services, to include funding for biometric and
identity analysis services. This funding also allows for
continued technical and analysis support to key domestic and
international partners. The Committee especially recommends
that OBIM continue its data sharing and connectivity
improvement efforts with the Intelligence Community as
biometric analysis is an important element to the
identification of suspected terrorists and other high-risk
persons. OBIM should also continue its IDENT modernization
efforts beyond steady state operations. As such, the Committee
directs OBIM to provide quarterly briefings on its workload and
service levels, including any backlogs that may result from an
influx of transactions of new users. These IDENT modernization
activities should be outlined in OBIM's investment and
management plan. Additionally, OBIM is directed to meet the
retention periods associated with TSA programs and to enroll
the biometrics of TSA's special vetted populations within 60
days after the date of enactment of this Act. The Committee is
disappointed at the lack of progress made towards this
initiative, despite its repeated recommendations for US-VISIT
to complete this process.
UNIQUE IDENTITY
The Unique Identity program was established to collect 10-
print biometric information from travelers to the United
States; share and compare biometric information collected and
held by the Department of Justice in the Integrated Automated
Fingerprint Identification System (IAFIS), as well as other law
enforcement agencies; and enhance multi-modal capabilities in
IDENT for all users. The Defense and State Departments are
integral partners to this initiative. The Committee continues
to be pleased with the excellent coordination and cooperation
among Federal agencies in enhancing interoperability,
accelerating the response times, and sharing biometric
information, and strongly encourages OBIM to reallocate funding
previously used for US-VISIT contractor services in order to
continue the Unique Identity program. This decision should be
made as part of its contractor review and explained in the
expenditure plan. The Committee also directs OBIM and its
counterparts at the Justice, State, and Defense Departments to
continue providing semi-annual briefings on the progress in
implementing system interoperability, operational impacts
resulting from remaining gaps, and steps being taken to close
these gaps.
ENTRY EXIT POLICY AND OPERATIONS
The Committee recommends transfer of entry-exit policy and
operations to CBP. Within CBP the Office of Field Operations
(OFO) is the mission owner for the policy and operations
associated with processing legitimate travelers into and out of
the country. As such, OFO is responsible for collection of
information, including biometrics, from appropriate individuals
as part of its processing. While that information resides in
IDENT, CBP owns the business process, requirements, and staff
necessary for these operations. Responsibility for implementing
a biometric exit program lies with CBP.
OVERSTAY BACKLOG ELIMINATION
The Committee continues to be concerned about the
identification and resolution of visa overstays, which was a
critical function performed by the DIG. ICE is in a better
position to enforce overstay violations now that it is
performing core DIG roles and assuming operations and
maintenance of ADIS. The Committee, therefore, directs ICE to
provide semi-annual briefings on the overstay backlog
elimination effort; to ensure that similar backlogs do not
arise again in the future; and to update the Committee on its
overstay enforcement strategy.
Office of Health Affairs
Appropriation, fiscal year 2012....................... $167,449,000
Budget estimate, fiscal year 2013..................... 166,458,000
Recommended in the bill............................... 132,003,000
Bill compared with:
Appropriation, fiscal year 2012................... -35,446,000
Budget estimate, fiscal year 2013................. -34,455,000
MISSION
The Office of Health Affairs (OHA) serves as the Department
of Homeland Security's principal agent for all medical and
public health matters. Working across Federal, State, local,
tribal, and territorial governments and with the private
sector, OHA has the lead DHS role in the establishment of a
scientifically rigorous, intelligence-based, medical and
biodefense architecture that ensures the health and medical
security of our nation.
RECOMMENDATION
The Committee recommends $132,003,000 for OHA, $34,455,000
below the requested amount and $35,446,000 below the amount
provided in fiscal year 2012. A comparison of the budget
estimate to the Committee recommended level by PPA is as
follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
BioWatch.......................... $125,294,000 $85,394,000
National Biosurveillance 8,000,000 13,000,000
Integration System...............
Chemical Defense Program.......... 500,000 500,000
Planning and Coordination......... 4,907,000 5,407,000
Salaries and Expenses............. 27,757,000 27,702,000
-------------------------------------
Total, Office of Health $166,458,000 $132,003,000
Affairs......................
------------------------------------------------------------------------
BIOSURVEILLANCE ACTIVITIES
The Committee recommends $85,394,000 for the BioWatch
program, $39,900,000 below the requested amount and $28,770,000
below the amount provided in fiscal year 2012. This funding
sustains Generations 1 and 2 operations but does not support
the requested Generation 3 increase of $39,904,000. The
Committee likewise continues its requirement for OHA to notify
the Committee 15 days prior to deploying any BioWatch device to
a new location.
While the Committee supports OHA's ongoing efforts to
improve our Nation's biological detection capabilities, it has
serious concerns about BioWatch Generation 3 program delays and
inexplicably large carryover balances. The Gen 3 program is
designed to enhance current detection capabilities which
require labor-intensive manual collection and testing of
samples with a fully automated, networked system that will
greatly improve the response time to a potential bio-terror
attack.
The Investment Review Board (IRB) assessment of Gen 3
continues to be postponed, while OHA cannot adequately explain
how it plans to spend funds in the meantime that were
previously appropriated for this initiative. Furthermore, the
Department has not decided to move forward with plans to
procure production-ready systems yet requests funding anyway
that will not be used for this purpose until at least fiscal
year 2015. If through the course of its program reviews the
Department decides to procure systems, the Committee recommends
that OHA use its unexpended funds for this purpose in fiscal
year 2013. Additionally, OHA should review, and revise if
necessary, its acquisition strategies to ensure that all
available technologies are considered through open-market
competition and full vendor consideration. The Committee
directs the Assistant Secretary for Health Affairs to brief the
Committee no later than 30 days after the date of enactment of
this Act on the status of the ongoing reviews of BioWatch.
Further, the briefing shall include an expenditure plan for the
languishing fiscal year 2012 funds. The Committee also requires
OHA to provide an expenditure plan within 45 days of the
enactment of this Act, while noting that it has not yet
received the expenditure plan required in fiscal year 2012.
This lateness is unacceptable and significantly impedes the
Committee's ability to conduct its core oversight
responsibilities.
NATIONAL BIOSURVEILLANCE INTEGRATION SYSTEM
The Committee recommends $13,000,000 for the National
BioSurveillance Integration System (NBIS), $5,000,000 above the
amount requested and $987,000 above the amount provided in
fiscal year 2012. Funds provided for this function shall be
used to sustain existing biosurveillance capabilities and
activities. In 2012, NBIS planned to develop several pilot
projects with other Federal, State, private sector, and non-
governmental entities in the following areas: food;
agriculture; emerging diseases and human health; social media;
and State and local biosurveillance data sharing. The increase
of $5,000,000 above the request is to sustain existing
biosurveillance activities and to expand the diversification of
biosurveillance capabilities through new pilots that shall be
awarded on a competitive basis.
The Committee also remains concerned with the progress of
the National Biosurveillance Integration Center (NBIC) in
defining its goals and objectives, implementing its mission,
and demonstrating its value to the wider biosurveillance
community. The Committee has clearly described these concerns
in detail since at least fiscal year 2011 and recommended last
year that OHA submit a strategic plan with its fiscal year 2013
request. While OHA states that it recently completed a
strategic plan in collaboration with NBIS Member Agencies, this
plan has not yet been provided to Congress. These concerns are
especially valid given that OHA plans to relocate NBIC in the
near future without explaining the benefits of this move. The
Committee, therefore, directs OHA to submit a NBIC strategic
plan within 90 days after the date of enactment of this Act, to
include details of all data-sharing partnerships, obstacles
that impede these relationships, and plans to mitigate such
challenges.
PLANNING AND COORDINATION
The Committee recommends $5,407,000 for Planning and
Coordination activities, $500,000 above the requested amount
and $755,000 below the amount provided in fiscal year 2012. The
Committee recommends this increase for programs that address
the wellness and resiliency of the DHS workforce. These funds
will allow for the planning, production and distribution of
training and information focused on workforce health and
medical support throughout the Department.
SALARIES AND EXPENSES
The Committee recommends $27,702,000 for Salaries and
Expenses, $55,000 below the requested amount and $1,969,000
below the amount provided in fiscal year 2012. This reduction
is for the denial of the proposed pay raise that was included
in the budget request.
Federal Emergency Management Agency
Salaries and Expenses
Appropriation, fiscal year 2012....................... $895,350,000
Budget estimate, fiscal year 2013..................... 789,172,000
Recommended in the bill............................... 712,565,000
Bill compared with:
Appropriation, fiscal year 2012................... -182,785,000
Budget estimate, fiscal year 2013................. -76,607,000
MISSION
The Federal Emergency Management Agency (FEMA) manages and
coordinates the Federal response to major domestic disasters
and emergencies of all types in accordance with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act. It
supports the effectiveness of emergency response providers at
all levels of government in responding to terrorist attacks,
major disasters, and other emergencies. FEMA also administers
public assistance and hazard mitigation programs to prevent or
reduce the risk to life and property from floods and other
hazards. Finally, FEMA leads all Federal incident management
preparedness and response planning through a comprehensive
National Incident Management System that involves Federal,
State, tribal, and local government personnel, agencies, and
regional authorities.
FEMA 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 of all types in partnership with
other Federal agencies, State, local and tribal governments,
volunteer organizations, and the private sector. Salaries and
Expenses support all of FEMA's programs by coordinating all
policy, managerial, resource, and administrative actions
between headquarters and regional offices.
RECOMMENDATION
The Committee recommends $712,565,000 for Salaries and
Expenses, $76,607,000 below the amount requested and
$182,785,000 below the amount provided in fiscal year 2012.
Within this amount is $5,000,000 for unfunded maintenance and
capital improvements at national training centers. The
recommendation includes a decrease of $22,839,000 to the
``Administrative and Regional Offices'' PPA due to the DHS
budget request's reliance upon unauthorized fee collections, a
flawed request regarding CBP's access to fee collections, and
poor compliance with statutory requirements. Further, it
includes a decrease of $3,084,000 for denial of pay raise and
$2,364,000 for the realignment of the functions associated with
the Office of National Capital Region Coordination. The
recommendation also includes a transfer of all funds for the
Chief Information Office from this account into a new account
specifically for automation modernization. In addition, the
bill transfers funding provided to State and Local Grants,
Firefighter Assistance Grants, and Emergency Management
Performance Grants to this account for the administrative
functions related to these programs. Similar transfers have
occurred in previous years.
FEMA shall provide an expenditure plan no later than 90
days after the date of enactment of this Act. The plan shall be
detailed by the PPA structure as detailed in this report and by
office. It shall include actual funding from the prior year,
the current fiscal year, and deviations between the two years.
Each year shall include the number of positions, the number of
FTE, the amount for salaries and benefits, and the amount for
the program, showing all sources of funding. Specific
information regarding the transfer of funding from other
appropriations should be included, with the same level of
detail currently provided to the Committee.
The following table summarizes the Committee's
recommendation by PPA:
------------------------------------------------------------------------
Budget request Recommended
------------------------------------------------------------------------
Administrative and Regional $214,603,000 $191,764,000
Offices..........................
Preparedness and Protection....... 73,153,000 73,105,000
Response.......................... 171,897,000 171,644,000
Urban Search and Rescue (27,513,000) (27,513,000)
Response System..............
Recovery.......................... 55,423,000 55,299,000
Mitigation........................ 27,110,000 27,087,000
Mission Support................... 152,806,000 94,486,000
Centrally Managed Accounts........ 94,180,000 99,180,000
-------------------------------------
Total, Salaries and Expenses $789,172,000 $712,565,000
------------------------------------------------------------------------
FACILITIES MANAGEMENT
The Committee recommends $5,000,000 above the requested to
address unfunded repairs and capital improvement for unfunded
projects at national training centers. None of these funds may
be obligated until five days after the Chief Financial Officer
(CFO) of FEMA briefs the Committee on an execution plan for
these funds.
NATIONAL CAPITAL REGION COORDINATION
The Committee recommends $2,493,000 for activities required
by Section 882 of the Homeland Security Act of 2002, a
reduction of $2,364,000 from the amount requested and
$3,129,000 below the amount provided in fiscal year 2012. The
functions and personnel shall be transferred to the Office of
the Administrator to allow for a more efficient and effective
use of taxpayer funds.
MOUNT WEATHER EMERGENCY OPERATIONS CENTER
The Committee recommends $22,000,000 for the Mount Weather
Emergency Operations Center facility, the same as the amount
requested and $10,000,000 above the amount provided in fiscal
year 2012.
URBAN SEARCH AND RESCUE RESPONSE SYSTEM
The Committee recommends $27,513,000 for Urban Search and
Rescue Response System from within the amount requested for
Salaries and Expenses, the same as the amount requested and
$13,737,000 below the amount provided in fiscal year 2012.
CONGRESSIONAL JUSTIFICATION
The Committee continues bill language requiring FEMA to
submit its fiscal year 2014 budget request by office. The
Committee is pleased that this year's budget submission
provided fiscal year 2013 budget request levels for many
priority programs. For the fiscal year 2014 budget submission,
the Committee directs FEMA to continue to provide the same
level of budget information for programs and activities
identified in the fiscal year 2013 budget request.
SOCIAL MEDIA
Real-time information gathering is critical in the wake of
a natural disaster. Enabling first responders to utilize the
most recent, up-to-date data is a key component to ensuring
emergency response efforts. One way to collect real-time data
is through the emergence of publicly available, social network
messaging to provide insight into the aftermath of natural
disasters. The Committee understands FEMA is examining ways in
which to expand the application of this type of real-time data
collection through social media as well as other uses of social
media during disasters. As social media continues to become an
even more powerful tool, the Committee directs DHS and FEMA to
harness and apply these capabilities in support of its
emergency management mission. The Committee directs the
Administrator of FEMA to provide a report to the Committees on
Appropriations of the Senate and the House detailing efforts to
use social media in disaster response activities no later than
90 days after the date of enactment of this Act.
Automation Modernization
Appropriation, fiscal year 2012....................... - - -
Budget request, fiscal year 2013...................... - - -
Recommended in the bill............................... $58,048,000
Bill compared with:
Appropriation, fiscal year 2012................... +58,048,000
Budget estimate, fiscal year 2013................. +58,048,000
MISSION
The Automation Modernization account funds major
information technology projects for the Federal Emergency
Management Agency.
RECOMMENDATION
The Committee recommends $58,048,000 for automation
modernization, the amount requested under ``Salaries and
Expenses'' for the Office of the Chief Information Officer.
Public Law 112-74 requires FEMA to submit to Congress a
strategy for a comprehensive plan to automate and modernize
their information systems. Using this plan and the information
FEMA incorporated into the Office of Management and Budget's
``IT Dashboard,'' the Committee directs FEMA to fund all
automation modernization programs from within this new
appropriation. This new appropriation will facilitate better
oversight of automation programs.
According to the ``IT Dashboard'', FEMA has $271,700,000 in
fiscal year 2013 for information technology, to include three
programs classified as ``major investment.'' However, the
Committee is unable to identify how these programs are funded
in the fiscal year 2013 budget. This new account will therefore
provide the visibility needed in this area of investment. FEMA
is encouraged to work with the Committee prior to the
submission of the fiscal year 2014 budget request to delineate
the specific programs and types of activities to include in
this account.
State and Local Programs
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2012....................... $1,349,681,000
Budget estimate, fiscal year 2013\1\.................. 2,900,212,000
Recommended in the bill............................... 1,762,589,000
Bill compared with:
Appropriation, fiscal year 2012................... +412,908,000
Budget estimate, fiscal year 2013................. -1,137,623,000\1\The Administration proposed moving Emergency Management Performance
Grants and Firefighter Assistance Grants under State and Local
Programs.
MISSION
State and Local Programs help build and sustain the
preparedness and response capabilities of the first responder
community. These programs include support for various grant
programs and training programs.
RECOMMENDATION
The Committee recommends $1,762,589,000 for State and Local
Programs, $1,137,623,000 below the amount requested and
$412,908,000 above the amount provided in fiscal year 2012.
As part of the budget request, the Administration proposed
including the Firefighter Assistance Grants and Emergency
Management Performance Grants under this program. The Committee
again denies this proposal and recommends funding for both of
these grant programs as separate appropriations, consistent
with prior years.
In fiscal year 2013, FEMA proposed a new grant program
called the National Preparedness Grant Program under State and
Local Programs. This proposal is denied due to the lack of
Congressional authorization and the lack of the necessary
details that are required for the initiation of a new program
to include grant guidance and implementation plans. The
Department should work with the appropriate committees of
jurisdiction to obtain the necessary authorizing legislation
and to clearly define the Federal role and reassess the most
effective delivery of support and resources to sustain and
improve homeland security capabilities prior to submitting a
budget request for such a program. Additionally, the Committee
met with and heard testimony from numerous stakeholders that
expressed concern not just with the grant proposal but also
with the lack of stakeholder outreach prior to the program's
introduction. The Committee considers this lack of outreach
concerning and it should be addressed.
Due to these concerns, the Committee continues the grant
structure as enacted in fiscal year 2012. The funds provided
for State and Local Program grants are to be allocated by the
Secretary of Homeland Security according to threat,
vulnerability, and consequence to assist high-risk urban areas,
States, local and Tribal governments, and other homeland
security partners in preventing, preparing for, protecting
against, and responding to acts of terrorism.
Within the funds available, the Committee recommends
$55,000,000 for Operation Stonegarden. All awards under
Operation Stonegarden shall be made on a competitive basis to
tribal governments and units of local government, including
towns, cities, and counties along borders of the United States
to enhance the coordination between local and Federal law
enforcement agencies
in the furtherance of the Nation's border security. Operation
Stonegarden's eligible costs include, but shall not necessarily
be limited to, include: overtime; vehicle maintenance; vehicle
and equipment rental costs; reimbursement for mileage; fuel
costs; equipment replacement costs; and travel costs for law
enforcement entities assisting other local jurisdictions in law
enforcement activities. The Committee directs that only CBP and
FEMA make award decisions. No administrative costs shall be
deducted from Operation Stonegarden award totals by States.
Further, within the funds made available under this
heading, no less than $150,000,000 is for areas at the highest
threat of a terrorist attack, $50,000,000 above the minimum
amount required in fiscal year 2012.
The Committee recommends $231,681,000 for National
Programs, the same as the amount provided in fiscal year 2012,
to sustain these programs at the same funding levels and for
the same purposes as provided in fiscal year 2012. The
Committee is aware of the unique capabilities of regional
training centers that provide training for first responders
where they can receive initial training and additional training
related to new techniques and technologies. The Committee
encourages the Department to continue to work with regional
training centers in future funding requests. Further, the
Committee encourages the Department to review the need for
additional university-based centers that could provide medical
readiness training and research and community resiliency for
public health and healthcare critical infrastructure and report
back to the Committee within 180 days after the date of
enactment of this Act on the progress of this review.
The Committee continues bill language mandating timeframes
for the application process of certain grants to ensure that
funds do not languish at DHS and limits to not more than five
percent the amount a grantee may allocate for expenses directly
related to administration of the grant.
The Committee includes bill language allowing the transfer
of up to seven percent of State and Local program dollars to
FEMA's Salaries and Expenses account for costs associated with
administering grants and training programs. FEMA is required to
submit an expenditure plan no later than 60 days after the date
of enactment of this Act on the use of the administrative
funds.
The Committee continues bill language allowing for the
construction of communication towers and requiring that
grantees shall provide reports on their use of funds.
A provision is continued allowing the Center for Domestic
Preparedness to train certain emergency personnel provided it
does not interfere with the primary mission to train State and
local emergency response providers.
In accordance with the 9/11 Act, at least 25 percent of
funds allocated to the State Homeland Security Grant Program
(SHSGP) and Urban Area Security Initiative (UASI) shall be used
for Law Enforcement Terrorism Prevention activities. Each State
and Puerto Rico shall pass on no less than 80 percent of their
grant funding to local units of government within 45 days of
receiving the funds.
The Committee encourages FEMA to include mitigating the
threat of cyber attacks as an eligible grant expense. FEMA
shall work in conjunction with the National Cybersecurity
Directorate (NCSD) to address methods to leverage Federal
cybersecurity programs for use by State and local governments.
The Committee is pleased that in fiscal year 2012, the
Department began restoring the original intent of the UASI
program by limiting funding to 31 regions. The Committee
believes the UASI program should be further focused on the
areas under the greatest threat and at the greatest risk,
providing funding to a maximum of 25 regions. This will ensure
that only those regions at highest-risk of terrorist attack
receive funding under UASI in the current fiscal environment.
The Committee is aware that previous grant guidance
conflicts with the 9/11 Act by further limiting the amount of
funds that can be used to pay the salaries and expenses for
intelligence analysts. The Committee directs FEMA to fully
comply with the 9/11 Act.
The Committee directs the Secretary to review the threat to
motor coaches and consider the fact that many regions rely
solely on motor coaches as a major means of transportation when
determining funding levels for the various grant programs. The
Secretary is encouraged to consider providing funds through the
Over-the-Road Bus Security Assistance Program, as authorized,
to address such needs.
For the purposes of determining eligibility for funds, 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, Alaskan Native village, independent authority,
special district, or other political subdivision of any State
shall constitute a ``local unit of government.''
The Committee is concerned with the newly introduced 24-
month funding period that was proposed by the Administration in
the fiscal year 2012 Funding Opportunity Announcement. Funding
periods that are arbitrarily limited to less than 24-months
have the potential to lead, by default, to operating subsidies.
FEMA's fiscal year 2012 grant guidance seems to invite just
such an outcome by expanding the scope of maintenance and
sustainment. The purpose of FEMA's grants, as authorized, are
not to serve as operating subsidies for States and local
governments; rather, grant funds are intended to improve
preparedness capabilities. The Committee directs FEMA to be
cognizant of the extended timelines associated with necessary,
well-justified capital improvements and ensure the guidance for
the various grants allow for capital improvements, as
appropriate. Further, FEMA should review the use of one-year
extensions, if needed.
The Committee encourages FEMA to review the extension of
port security grant program funds specifically awarded for the
purchase of TWIC readers until September 30, 2014 so that
communities can use these funds to purchase readers once a rule
has been finalized.
The Committee includes a general provision requiring FEMA
to brief the Committee five days prior to any announcement of
State and local grant awards. Such briefings shall include
detailed information on the risk analysis employed, the process
for determining effectiveness, the process or formula used for
selecting grantees, and any changes to methodologies used in
the previous fiscal year.
The Committee is aware of ongoing appeals within the public
assistance program dating back to Hurricane Gustav. The
Committee encourages FEMA to consider arbitration, as
applicable or other means to address continuing concerns over
disputed public assistance reimbursements. Further, the
Committee directs the OIG review excessive delays in
determinations concerning public assistance programs.
Firefighter Assistance Grants
Appropriation, fiscal year 2012....................... $675,000,000
Budget estimate, fiscal year 2013\1\.................. - - -
Recommended in the bill............................... 670,000,000
Bill compared with:
Appropriation, fiscal year 2012................... -5,000,000
Budget estimate, fiscal year 2013................. +670,000,000\1\The budget request includes $670,000,000 for Firefighter Assistance
Grants within State and Local Programs.
MISSION
Firefighter Assistance Grants are provided to local fire
departments for the purpose of protecting the health and safety
of the public and protecting firefighting personnel, including
volunteers and emergency medical service personnel, against
fire and fire-related hazards.
RECOMMENDATION
The Committee recommends $670,000,000 for Firefighter
Assistance Grants, $670,000,000 above the amount requested and
$5,000,000 below the amount provided in fiscal year 2012. The
budget request did not include a separate appropriation for
Firefighter Assistance Grants, but instead proposed
$670,000,000 for this activity within State and Local Programs.
Within this level, the Committee recommends $335,000,000 for
the Assistance to Firefighters Grant program (AFG), which
provides firefighter equipment, training, vehicles, and other
resources. The Committee also recommends $335,000,000 for
firefighter jobs under the Staffing for Adequate Fire and
Emergency Response (SAFER) program.
FEMA is directed to continue granting funds directly to
local fire departments and to include the United States Fire
Administration during the grant decision process. FEMA is also
directed to maintain an all-hazards focus and is prohibited
from limiting beyond current law the list of eligible
activities, including those related to wellness. Funds are
available until September 30, 2014 and no more than 4.7 percent
may be used for administrative expenses. FEMA is required to
submit an expenditure plan no later than 60 days after the date
of enactment of this Act on the use of the administrative
funds.
The Committee continues the requirement for FEMA to peer
review AFG and SAFER grant applications that meet criteria
established by FEMA and the Fire Service to clearly define the
criteria for peer review in the grant application package; to
rank order applications according to peer-review; and to fund
applications according to their rank order. For those
applicants whose grant applications are not reviewed, FEMA must
provide an official notification detailing why the application
did not meet the criteria for review.
The budget request included a reference to hiring post-9/11
veterans with these funds. The Committee is perplexed as to why
the Administration has not included this requirement in
existing guidance--guidance with respect to unobligated fiscal
years 2011 and 2012 funds, totaling more than $700,000,000. The
Committee strongly encourages FEMA to include in all current
and future grant guidance the need to give hiring preference to
post-9/11 veterans. The Committee directs FEMA to report to the
Committee quarterly, beginning in the first fiscal quarter
after the date of enactment of this Act, on implementation
efforts encouraging the hiring of veterans, to include the
number of hirings.
Emergency Management Performance Grants
Appropriation, fiscal year 2012....................... $350,000,000
Budget estimate, fiscal year 2013\1\.................. - - -
Recommended in the bill............................... 350,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget estimate, fiscal year 2013................. +350,000,000\1\The budget request includes $350,000,000 for Emergency Management
Performance Grants within State and Local Programs.
MISSION
Emergency Management Performance Grant (EMPG) funds are
used to support comprehensive emergency management at the State
and local levels and to encourage the improvement of
mitigation, preparedness, response, and recovery capabilities
for all hazards.
RECOMMENDATION
The Committee recommends $350,000,000 for EMPG,
$350,000,000 above the amount requested and the same as the
amount provided in fiscal year 2012. The request did not
include a separate appropriation for EMPG but instead proposed
$350,000,000 for this activity within State and Local Programs.
Consistent with past years, the Committee again does not agree
to transfer EMPG to State and Local Programs, continuing
instead to fund the EMPG program as a separate appropriation.
The recommendation limits to no more than 2.7 percent the
amount that may be used for administrative expenses. EMPG is
the one source of funding for emergency managers that is
specifically focused on preparing for all hazards. EMPG is the
only grant program within FEMA that requires a 50/50 match at
the State and local level, which is evidence of the commitment
by State and local governments to make emergency management a
top priority, especially while most are experiencing financial
crisis. Many of the EMPG funds help pay for the personnel to
run key programs, and funds for this program must remain
flexible to ensure they support the full gamut of
responsibilities required of emergency managers.
The Committee directs FEMA to continue EMPG grant practices
used in fiscal year 2007, including a continued emphasis on
all-hazards activities and the inclusion of personnel expenses
and Emergency Operations Centers as eligible uses of funding.
Radiological Emergency Preparedness Program
Appropriation, fiscal year 2012....................... -$896,000
Budget estimate, fiscal year 2013..................... -1,443,000
Recommended in the bill............................... -1,443,000
Bill compared with:
Appropriation, fiscal year 2012................... +547,000
Budget estimate, fiscal year 2013................. - - -
MISSION
The Radiological Emergency Preparedness Program (REPP)
ensures that the public health and safety of citizens living
near commercial nuclear power plants will be adequately
protected in the event of a nuclear power station incident. In
addition, the program informs and educates the public about
radiological emergency preparedness. REPP provides funding only
for emergency preparedness activities of State and local
governments that take place beyond nuclear power plant
boundaries.
RECOMMENDATION
The Committee recommends for the receipt and expenditure of
REPP fees, which are collected as authorized by Public Law 105-
276. The request estimates that fee collections will exceed
expenditures by $547,000 in fiscal year 2013.
United States Fire Administration
Appropriation, fiscal year 2012....................... $44,038,000
Budget estimate, fiscal year 2013..................... 42,520,000
Recommended in the bill............................... 42,460,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,578,000
Budget estimate, fiscal year 2013................. -60,000
MISSION
The mission of the United States Fire Administration (USFA)
is to reduce economic losses and loss of life due to fire and
related emergencies through leadership, coordination, and
support. USFA trains the Nation's first responder and health
care leaders to evaluate and minimize community risk, enhance
the security of critical infrastructure, and better prepare
communities to react to emergencies of all kinds.
RECOMMENDATION
The Committee recommends $42,460,000 for USFA, $60,000
below the request and $1,578,000 below the amount provided in
fiscal year 2012. The Committee requests that future budget
justifications identify funding levels for the National Fire
Incident Reporting System and National Fire Academy, as well as
any other initiatives.
Disaster Relief Fund
Appropriation, fiscal year 2012\1\.................... $7,100,000,000
Budget estimate, fiscal year 2013\2\.................. 6,088,926,000
Recommended in the bill\2\............................ 6,088,926,000
Bill compared with:
Appropriation, fiscal year 2012................... -1,011,074,000
Budget estimate, fiscal year 2013................. - - -\1\Includes $6,400,000,000 that was provided in Public Law 112-77 and is
designated for major disasters pursuant to 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
\2\Includes $5,481,000,000 designated for major disasters pursuant to
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
MISSION
FEMA is responsible for administering disaster assistance
programs and coordinating the Federal response following
presidential disaster declarations. Major activities under the
Disaster Relief Fund (DRF) include: providing aid to families
and individuals; supporting the efforts of State and local
governments to take emergency protective measures, clear
debris, and repair infrastructure damage; mitigating the
effects of future disasters; and helping States and local
communities manage disaster response, including the assistance
of disaster field office staff and automated data processing
support.
RECOMMENDATION
The Committee recommends a total of $6,088,926,000 for the
Disaster Relief Fund. Of the funds provided, $5,481,000,000 is
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985. Of the funding not
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, $24,000,000 shall be
transferred to the DHS OIG for audits and investigations
related to disasters.
A provision is continued stating the timeframes and
information which FEMA must report to the Committees on the
Disaster Relief Fund. A report on the expenditure of funds for
disaster readiness and support, including quarterly updates, is
required, as in previous years.
The Committee continues language requiring annual and
monthly DRF reporting as originally directed in Public Law 112-
74.
DEBRIS REMOVAL
The Committee remains concerned with the cost of debris
removal and the lack of affordable alternatives for
communities. As required by the conference report for fiscal
year 2012, FEMA provided a report addressing these concerns.
Within the report, FEMA indicated that there are numerous
initiatives they are reviewing to address the debris removal
cost and would also empower local communities to be better
prepared for debris removal after a disaster. Many of the
initiatives are the result of lessons learned from the debris
pilot program that was authorized in fiscal year 2007.
To address these lessons, the Committee recommends a new
general provision directing FEMA to implement many of the
initiatives from the debris pilot program. Specifically, the
language will provide the authority to make grants based on
estimates, provide Federal share incentives, reimburse force
account labor, and encourage recycling.
Further, the Committee directs FEMA to work with
communities to incentivize them to develop debris management
plans and have contracts in place prior to a disaster.
Communities that take such actions will be better prepared to
respond quickly, and not depend on more costly options such as
contractors provided by the U. S. Army Corps of Engineers.
The Administrator of FEMA shall provide a report to the
Committees on Appropriations of the Senate and the House and
the House Committee on Transportation and Infrastructure on the
implementation plan for this program no later than 90 days
after the date of enactment of this Act.
Disaster Assistance Direct Loan Program Account
Appropriation, fiscal year 2012....................... $295,000
Budget estimate, fiscal year 2013..................... - - -
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2012................... -295,000
Budget estimate, fiscal year 2013................. - - -
Limitation on Direct Loans
Appropriation, fiscal year 2012....................... $25,000,000
Budget estimate, fiscal year 2013..................... - - -
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2012................... 25,000,000
Budget estimate, fiscal year 2013................. - - -
MISSION
Beginning in 1992, loans made to States under the cost
sharing provisions of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act were funded in accordance with the
Federal Credit Reform Act of 1990. The Disaster Assistance
Direct Loan Program Account, which was established as a result
of the Federal Credit Reform Act, records the subsidy costs
associated with the direct loans obligated beginning in 1992 to
the present.
RECOMMENDATION
The Committee recommends $25,000,000 as requested for the
limitation on direct loans from the Disaster Assistance Direct
Loan Program, pursuant to Section 319 of the Stafford Act. As
requested, no subsidy to cover the costs of these loans is
provided because loans have not been made since 1996.
Flood Hazard Mapping and Risk Analysis Program
Appropriation, fiscal year 2012....................... $97,712,000
Budget estimate, fiscal year 2013..................... 89,329,000
Recommended in the bill............................... 92,145,000
Bill compared with:
Appropriation, fiscal year 2012................... -5,567,000
Budget estimate, fiscal year 2013................. +2,816,000
MISSION
The mission of the Flood Hazard Mapping and Risk Analysis
fund is to modernize, maintain, and digitize the inventory of
maps and develop a more integrated process of identifying,
assessing, communicating, and mitigating flood related risks.
This information is used to determine appropriate risk-based
premium rates for the National Flood Insurance Program,
complete hazard determinations required for the nation's
lending institutions, and develop appropriate mitigation and
disaster response plans for Federal, State, and local emergency
management personnel.
RECOMMENDATION
The Committee recommends $92,145,000 for Flood Hazard
Mapping and Risk Analysis, $2,816,000 above the amount
requested and $5,567,000 below the amount provided in fiscal
year 2012. The Committee notes that an additional $149,000,000
is available for flood plain management and mapping activities
within the National Flood Insurance Fund. The Committee
encourages FEMA to prioritize as criteria the number of
streams, rivers and coastal miles within a State and the
participation of the State in leveraging non-federal
contributions. The Committee notes that there are thousands of
miles of streams, rivers, and coastal lines, including non-
levee areas, that still need detailed studies and remapping
The Committee is concerned with the dramatic reductions to
flood mapping proposed by the Administration over the past two
years. FEMA shall review the impact of the fiscal year 2012
funding reduction on FEMA's statutorily mandated work; discuss
effects of decreased funding on the flood mapping program,
including the identification of what work had to be delayed or
canceled and at what cost; and develop recommendations on ways
to improve the solvency of the program in the long run. FEMA
shall report its findings and recommendations within 90 days
after the date of enactment of this Act.
The Committee is concerned with the implementation of the
FEMA flood mapping program and its potential effect on
communities who are newly designated in flood hazard zones. The
Committee is concerned communities which are designated in a
new flood hazard zone for purposes of Flood Insurance Rate Maps
have not been granted adequate time to review the new maps
before having to make the determination whether or not to adopt
the new map or fall out of compliance with the national flood
insurance program. The Committee encourages FEMA to grant
flexibility to communities upon their request for additional
time to review the information by FEMA and consult with their
citizens on how to best proceed while maintaining participation
in the National Flood Insurance Program.
National Flood Insurance Fund
Appropriation, fiscal year 2012....................... $171,000,000
Budget estimate, fiscal year 2013..................... 171,000,000
Recommended in the bill............................... 171,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget estimate, fiscal year 2013................. - - -
MISSION
The National Flood Insurance Fund (NFIF), which was
established in the Treasury by the National Flood Insurance Act
of 1968, is a fee-generated fund that supports the National
Flood Insurance Program (NFIP). The Act, as amended, authorizes
the Federal Government to provide flood insurance on a national
basis.
RECOMMENDATION
The Committee includes bill language providing up to
$22,000,000 for salaries and expenses to administer the NFIF,
the same as the amount requested and the same as the amount
provided in fiscal year 2012. Consistent with the budget
request, the Committee recommends $120,000,000 for flood-
related grants. No less than $149,000,000 is available for
flood plain management and flood mapping. Flood mitigation
funds are available until September 30, 2014 and funding is
offset by premium collections.
National Predisaster Mitigation Fund
Appropriation, fiscal year 2012....................... $35,500,000
Budget estimate, fiscal year 2013..................... - - -
Recommended in the bill............................... 14,331,000
Bill compared with:
Appropriation, fiscal year 2012................... -21,169,000
Budget estimate, fiscal year 2013................. +14,331,000
MISSION
The National Predisaster Mitigation Fund provides technical
assistance and grants to State, local, and tribal governments,
and to universities to reduce the risks associated with
disasters. Resources support the development and enhancement of
hazard mitigation plans, as well as the implementation of
disaster mitigation projects.
RECOMMENDATION
The Committee recommends $14,331,000 for the National
Predisaster Mitigation (PDM) Fund, $14,331,000 above the amount
requested and $21,169,000 below the amount provided in fiscal
year 2012. The Committee rejects the proposed termination of
this program. PDM grants are one of the only programs that
provide funding to communities prior to a disaster. It has been
repeatedly demonstrated during disasters that these types of
investments lead to significant savings by significantly
mitigating risks and damage.
Emergency Food and Shelter
Appropriation, fiscal year 2012....................... $120,000,000
Budget estimate, fiscal year 2013..................... 100,000,000
Recommended in the bill............................... 120,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget estimate, fiscal year 2013................. +20,000,000
MISSION
The Emergency Food and Shelter National Board Program was
created in 1983 to supplement the work of local social service
organizations within the United States, both private and
governmental, to help people in need of emergency assistance.
The program provides funds to local communities for homeless
programs, including soup kitchens, food banks, shelters, and
homeless prevention services.
RECOMMENDATION
The Committee recommends $120,000,000 for the Emergency
Food and Shelter Program, $20,000,000 above the amount
requested and the same as the amount provided in fiscal year
2012.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriation, fiscal year 2012....................... $102,424,000
Budget estimate, fiscal year 2013..................... 142,974,000
Recommended in the bill............................... 111,924,000
Bill compared with:
Appropriation, fiscal year 2012................... +9,500,000
Budget estimate, fiscal year 2013................. -31,050,000
MISSION
The mission of the United States Citizenship and
Immigration Services (USCIS) is to process all immigrant and
non-immigrant benefits provided to visitors to the United
States; adjudicate naturalization requests; promote national
security as it relates to immigration issues; eliminate
immigration adjudication backlogs; and implement solutions to
improve immigration customer services. USCIS also maintains
substantial records and data related to the individuals who
have applied for immigration benefits.
RECOMMENDATION
The Committee recommends $111,924,000 in discretionary
appropriations for USCIS, $31,050,000 below the requested level
and $9,500,000 above the amount provided in fiscal year 2012.
The recommended level does not include funds for the requested
pay increase.
USER FEE FUNDED PROGRAMS
The budget estimates that USCIS will utilize $2,862,409,000
in fee-funded expenditures in fiscal year 2013. The Committee
recommendation adds an additional $20,048,000 to that amount
for the Systematic Alien Verification for Entitlements (SAVE)
program, for a total of $2,882,457,000. Revenues from fees paid
by persons applying for immigration benefits constitute the
majority of USCIS's resources, and support adjudication of
applications for immigration benefits as well as government
investigations aimed at preventing fraud within the immigration
system.
With carryover funds and projected revenues, USCIS has
sufficient resources available to continue supporting its
operations with fee funding, as has traditionally been the
practice. In the current fiscal crisis, the Committee cannot
ignore this fact; and therefore, continues to direct USCIS to
use fee revenues for all its costs with the exception of E-
Verify. It is critical that USCIS continue to monitor its fee
revenues and obligations against its fee collections. The
Committee directs USCIS to continue to brief the Committee
quarterly on fee revenues and obligations.
USCIS is finalizing its latest fee study to assess issuance
of an updated fee schedule. The Committee directs USCIS to
include the costs of operations, such as asylum and refugee
processing, in its fee study. Given our nation's strong
interests in supporting a path for legal immigrants to become
citizens, USCIS is encouraged to be cognizant of the
affordability of the naturalization application fee.
MILITARY NATURALIZATIONS
Last year, the Committee made clear that the cost of
military naturalizations should be paid by the Department of
Defense (DoD). The Committee directs USCIS to ensure that such
agreement is codified in a memorandum of understanding (MOU)
and to provide a copy of the MOU to the Committee.
USCIS TRANSFORMATION
The Committee remains disappointed with the lack of
progress on the USCIS Transformation program and now questions
whether continued investment in the current contract is
justified. USCIS has obligated $597,100,000 from fiscal year
2006 to January 2012, and not a single capability has been
delivered to USCIS customers. Despite the importance of
Transformation to USCIS operations, USCIS has repeatedly missed
milestones to deliver the first application form type much less
additional application forms. The Committee directs USCIS to
provide weekly updates on its efforts to deliver the first
release, which under its re-baselined program has already been
delayed six months. If the first release is not delivered or is
not successfully deployed, the Committee directs the
Undersecretary for Management to provide a decision to the
Committee no later than 60 days after the date of enactment of
this Act regarding termination of the contract and other
remediation actions the Department will take on Transformation.
ELECTRONIC ACCESS TO IMMIGRATION INFORMATION
Within the total fees collected, the Committee directs
USCIS to provide no less than $29,000,000 to continue
conversion of immigration records to digital format. The
Committee continues its support for these efforts to increase
efficiency; realize cost savings; ensure immediate access for
appropriate users across the immigration continuum, rather than
shipping A-Files across the country; and reduce the need to
retain millions of pages of paper files. The occurrence of
losing an applicant's personal history and information through
a shipping error--or waiting for the file in the mail to
document a simple decision and move a case forward--must be
eliminated. USCIS shall brief the Committee no later than July
1, 2012 on updates related to this effort. Furthermore, should
Transformation be abandoned, the Committee directs USCIS to
develop a plan for achieving electronic access to all records
and submit that plan to the Committee no later than 90 days
after such a decision.
The Committee directs USCIS to continue making improvements
to the Enterprise Document Management System (EDMS) to address
user concerns and make electronic files more searchable. The
Committee directs ICE to formalize its internal policy to
utilize digital records and provide a copy of the policy to the
Committee no later than July 1, 2012. Further, the Committee
directs ICE and USCIS to continue working with EOIR to address
their concerns or barriers to the use of digital records in
proceedings.
ELECTRONIC I-94
The Committee directs USCIS and CBP to brief quarterly on
its progress toward elimination of the paper I-94, including
USCIS progress in making necessary system changes. During the
transition period, while CBP and USCIS are pursuing changes
through rulemaking, the Department shall ensure that affected
aliens, employers and others who must utilize the I-94 number,
particularly for verification of status, clearly understand the
interim process for obtaining the valid I-94 number. The
Department should undertake extensive outreach, including
publication of a detailed notice on its website and in the
Federal Register, before it implements interim changes.
E-VERIFY
The Committee recommends $111,924,000 for the E-Verify
system, as requested; however, the Committee denies the
requested pay raise. The Committee strongly supports continued
expansion of E-Verify usage and commends USCIS on its progress
in incorporating additional data sets and capability to improve
the rate of employees automatically, and accurately, confirmed
as work authorized. That includes continued expansion of photo
verification. The Committee looks forward to receiving USCIS
plan for expanding the use of E-Verify, required in the joint
explanatory statement accompanying Public Law 112-74. In
addition, the bill extends the authorization of E-Verify for
one year, as proposed by the President's budget request.
While USCIS has dramatically improved the accuracy of the
system, the Committee shares USCIS' interest in ensuring no
work-authorized individual is falsely identified as ineligible
to work. To that end, the Committee directs USCIS to create a
review process for E-Verify final non-confirmations by June 1,
2013 and brief the Committee quarterly on steps taken to meet
this deadline.
USCIS must continue to ensure that there are appropriate
controls and analytical systems in place to identify
inappropriate use of the E-Verify system by employers. As a
result, the Committee strongly urges USCIS to update and
publish regular E-Verify accuracy and performance audits. The
Committee directs USCIS to continue regular briefings on its
progress implementing a robust compliance review program for E-
Verify, including any instances of misuse of the system and
actions taken to address those instances.
SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS
Due to current budgetary constraints, the Systematic Alien
Verification for Entitlements (SAVE) program must continue to
be funded through user fees and other USCIS fee revenues. USCIS
shall continue to explore all opportunities to reduce the
burden on state and local benefits agencies that serve as a
disincentive to participation. Additionally, USCIS shall ensure
that improvements to the Verification Information System
benefit both E-Verify and SAVE users.
The Committee remains concerned, however, that adequate
protections must be put in place to ensure the SAVE system is
used as designed and intended, namely as a means to certify
eligibility for public benefits. In light of these concerns,
the Committee directed, in the joint explanatory statement
accompanying Public Law 112-74, that OIG review the SAVE
program. The Committee looks forward to the recommendations in
that report and will take appropriate actions as a result.
EFFICIENT PROCESSING OF REFUGEE APPLICATIONS
The Committee is concerned about the detrimental impact
that the failure to properly coordinate security and non-
security clearance procedures has had on the processing of
vulnerable individuals who are in need of and eligible for
resettlement to the United States. The Committee urges the
Department to work with other relevant Federal agencies,
including but not limited to the Department of State, to
conduct a review of refugee processing, including security
clearances, with the goal of streamlining processing,
consistent with maintaining thorough security vetting. The
Committee further directs the Department to brief the Committee
on the results of its review, no later than 60 days after the
date of enactment of this Act. Such report shall include a
description of recommended changes to streamline processing and
the costs associated with any unfunded needs.
USCIS ADJUDICATION REVIEW
In January 2012, OIG issued a report entitled ``The Effects
of USCIS Adjudication Procedures and Policies on Fraud
Detection by Immigration Service Officers'', OIG-12-24. The
Committee is concerned about the report's findings and directs
USCIS to provide a progress report on its corrective action
plan no later than October 1, 2012. The Committee also directs
OIG to brief on its assessment of USCIS actions no later than
November 1, 2012.
EB-5 IMMIGRANT INVESTOR PROGRAM
In January 2012, USCIS briefed the Committee on
inconsistencies and vulnerabilities in the EB-5 Immigrant
Investor program that USCIS was beginning to address. The
Committee directs USCIS to brief on its progress no later than
October 1, 2012.
IMMIGRANT INTEGRATION PROGRAMS
The Department requested appropriated funds to fully
support the Office of Citizenship and grants to organizations
that provide citizenship preparation services. While the
Committee supports the efforts of the Office of Citizenship to
promote civic education through the naturalization process, the
Committee recommends the use of fee funds for this purpose.
Active civic participation is critical to continuing the
American way of life, which is why individuals seeking
citizenship must take the naturalization test to assess their
knowledge of these topics. The legal permanent residents who
are seeking citizenship preparation services are the direct
beneficiaries of this funding. USCIS has sufficient cash
balances in its fee accounts to support these grants, if it
chooses to prioritize its use of fee funds for this purpose.
The bill continues a general provision clarifying the
availability of fee funds for these grants. At the same time,
the Committee notes that private, non-profit organizations
across the country have been performing these services without
support from USCIS grants for many years.
NATURALIZATION CEREMONIES
The Committee directs USCIS to identify, in the fiscal year
2014 budget submission, all funds allocated to naturalization
and oath of allegiance ceremonies. In addition, the Committee
directs USCIS to work with local public and private groups to
hold naturalization and oath of allegiance ceremonies as part
of community Independence Day celebrations. The Committee also
encourages USCIS to review internal policies that limit its
ability to use fee revenues to make small grants and to provide
agency employee support to local community groups that would
otherwise be financially unable to host such ceremonies.
STATELESS PERSONS
The Committee directs USCIS, with other DHS components as
appropriate, to brief the Committee on its efforts to quantify
the number of stateless persons in the country. The Committee
also encourages USCIS to provide recommendations to the
relevant Congressional committees of jurisdiction so that USCIS
has legal methods to address statelessness in the future.
Federal Law Enforcement Training Center
Salaries and Expenses
Appropriation, fiscal year 2012....................... $238,957,000
Budget estimate, fiscal year 2013..................... 228,939,000
Recommended in the bill............................... 228,467,000
Bill compared with:
Appropriation, fiscal year 2012................... -10,490,000
Budget estimate, fiscal year 2013................. -472,000
MISSION
The Federal Law Enforcement Training Center (FLETC)
provides the necessary facilities, equipment, and support
services to conduct advanced, specialized, and refresher
training for Federal law enforcement personnel. Specifically,
FLETC serves as an interagency law enforcement training
organization for 90 Federal agencies having law enforcement
responsibilities. FLETC also provides services to State, local,
and international law enforcement agencies, and on a space
available basis, to other Federal agencies with related law
enforcement missions.
FLETC is headquartered in Glynco, GA and has facilities in
Artesia, NM and Charleston, SC. Each of these facilities is
designed primarily for residential training operations. A
fourth training facility is located in Cheltenham, MD, and
provides in-service and re-qualification training for officers
and agents in the Washington, D.C. area. In cooperation with
the State Department, FLETC also manages an International Law
Enforcement Academy in Gaborone, Botswana, and serves as Deputy
Director at the International Law Enforcement Academy in
Bangkok, Thailand.
RECOMMENDATION
The Committee recommends $228,467,000 for FLETC, $472,000
below the amount requested and $10,490,000 below the amount
provided in fiscal year 2012. The Committee denies the funds
requested for a pay raise. Within the funds provided is
$29,163,000 for Management and Administration and $1,300,000
for the Federal Law Enforcement Training Accreditation Board.
FLETC was created with the intention of providing high-
quality, standard-based training in an efficient and cost-
effective manner. The Committee continues to support this
concept, particularly during times of fiscal constraint.
RETIRED ANNUITANTS
The budget request proposed to extend, until 2015, a bill
proviso related to retired annuitants, yet does not explain why
this extension is needed, since Public Law 112-74 provided a
two-year extension already. Therefore, the Committee does not
support this request. If FLETC believes that the additional
time period is necessary, the Committee encourages FLETC to
provide clear rationale.
SUPPORT OF THE DHS CHIEF HUMAN CAPITAL OFFICE
In fiscal year 2012, the Committee supported a proposal
made by the Department's Chief Human Capital Officer (CHCO) to
co-locate CHCO support of DHS headquarters with FLETC human
resource staff at Glynco. The co-location was intended to
reduce costs and improve service level and efficiency, while
ensuring that appropriated funds for FLETC activities were not
augmented and were not augmenting CHCO funds. The Committee
directs FLETC and CHCO to brief the Committee on savings and
operational effectiveness of this move no later than 120 days
after the date of enactment of this Act.
Acquisition, Construction, Improvements, and Related Expenses
Appropriation, fiscal year 2012....................... $32,456,000
Budget estimate, fiscal year 2013..................... 29,385,000
Recommended in the bill............................... 27,385,000
Bill compared with:
Appropriation, fiscal year 2012................... -5,071,000
Budget estimate, fiscal year 2013................. -2,000,000
MISSION
This account provides for the acquisition, construction,
improvements, equipment, furnishings, and related costs for
expansion and maintenance of facilities of the Federal Law
Enforcement Training Center.
RECOMMENDATION
The Committee recommends $27,385,000 for Acquisition,
Construction, Improvements, and Related Expenses, $2,000,000
below the amount requested and $5,071,000 below the level
provided in fiscal year 2012. While the Committee understands
FLETC has facility needs to support their customers, the
President's budget request assumed an increase in aviation
security and COBRA fees in order to fund this program at the
requested levels. These fees are not within the jurisdiction of
the Committee on Appropriations and the Committee has adjusted
its fiscal year 2013 recommendation for this account
accordingly.
Science and Technology
Management and Administration
Appropriation, fiscal year 2012....................... $135,000,000
Budget estimate, fiscal year 2013..................... 138,008,000
Recommended in the bill............................... 130,000,000
Bill compared with:
Appropriation, fiscal year 2012................... -5,000,000
Budget estimate, fiscal year 2013................. -8,008,000
MISSION
The Management and Administration appropriation provides
for the salaries and expenses of the Science and Technology
Directorate (S&T).
RECOMMENDATION
The Committee recommends $130,000,000 for S&T Management
and Administration, $8,008,000 below the amount requested, and
$5,000,000 below the amount provided in fiscal year 2012.
Within this total, the Committee recommends $10,000 for
reception and representation costs. An $8,008,000 decrease
below the request is recommended due to the shortfall created
by the President's budget request, which assumes an
unauthorized increase in aviation security fees as well as
additional budget costs not documented through a budget
amendment. In addition, the recommendation does not include
funding for a fiscal year 2013 pay raise.
Research, Development, Acquisition, and Operations
Appropriation, fiscal year 2012....................... $533,000,000
Budget estimate, fiscal year 2013..................... 693,464,000
Recommended in the bill............................... 695,971,000
Bill compared with:
Appropriation, fiscal year 2012................... +162,971,000
Budget estimate, fiscal year 2013................. +2,507,000
MISSION
The mission of the Science and Technology Directorate is to
develop and deploy technologies and capabilities to secure the
U.S. Homeland. The Directorate conducts, stimulates, and
enables research, development, testing, evaluation, and the
timely transition of homeland security capabilities to Federal,
State, and local operational end users. This activity includes
investments in both evolutionary and revolutionary capabilities
with high-payoff potential; early deployment of off-the-shelf,
proven technologies to provide for initial defense capability;
near-term utilization of emerging technologies to counter
current terrorist threats; and development of new capabilities
to thwart future and emerging threats.
RECOMMENDATION
The Committee recommends $695,971,000 for Research,
Development, Acquisition and Operations (RDA&O), $2,507,000
above the amount requested and $162,971,000 above the amount
provided in fiscal year 2012.
A comparison of the budget estimate to the Committee
recommended level by PPA is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Research, Development and $478,048,000 $405,555,000
Innovation.......................
RD&I: Apex.................... [15,000,000] - - -
RD&I: Border Security......... [31,651,883] - - -
RD&I: Chem/Bio/Radiological/ [197,688,117] - - -
Nuclear/Explosives Defense...
RD&I: Disaster Resilience..... [143,738,000] - - -
RD&I: Cyber Security.......... [64,477,000] - - -
RD&I: Counter Terrorist....... [25,493,000] - - -
Acquisition and Operations Support 47,984,000 47,984,000
Laboratory Facilities............. 127,432,000 202,432,000
University Programs............... 40,000,000 40,000,000
-------------------------------------
TOTAL, RDA&O.............. $693,464,000 $695,971,000
------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, AND INNOVATION
In fiscal year 2012, the President's Budget requested, and
the conferees approved, a proposal to combine individual
research accounts into a single Research, Development, and
Innovation (RD&I) PPA. Because RD&I was funded at a level well
below the previous fiscal year and the request, the conferees
approved the single PPA, rather than constrain the Directorate
from finding an optimal mix of projects, and dividing it into
small PPA categories, which would have been administratively
burdensome to reprogram. This enabled S&T to prioritize its
research, focusing on projects with the highest potential to
advance homeland security missions.
To facilitate the Committees' oversight responsibilities in
the current fiscal year, S&T was directed to provide a detailed
breakout to the Committee of subsequent funding levels for each
of its research thrust areas within the RD&I PPA.
For fiscal year 2013, the Committee recommends $405,555,000
for RD&I. This is $72,493,000 below the request and
$139,772,000 above fiscal year 2012. The Committee cannot
recommend the full request--in part due to shortfalls created
by unauthorized aviation security fees and undocumented budget
costs, as noted above. However, this level of funding is nearly
40 percent above the fiscal year 2012 level and will permit S&T
to return to a higher level of effort on its most critical
research efforts, which include biological defense, cyber
security, border security, and first responder technology.
Indeed, this level would allow S&T to fully fund all projects
that were at a reduced level in fiscal year 2012, restart half
of its requested projects currently on ``hold,'' and consider
new R&D projects that offer the potential of novel and more
cost effective solutions to DHS challenges.
Accordingly, at this substantially increased level of
funding, the Committee enhances oversight of S&T's RD&I
projects by requiring its research ``thrust'' areas to be
broken out into corresponding PPAs that sum to $405,555,000,
using the categories displayed in the table above. The
Committee understands that the funding levels for RD&I listed
under the ``Budget Estimate'' in the same table are S&T's
spending priorities, if the President's full request were to be
appropriated. However, as the full request has not been
approved or recommended, the Committee directs S&T to re-
estimate how it would distribute funding across these PPAs and
to submit its funding plan no later than 15 days after the date
of enactment of this Act. The Committee intends that the
revised allocations, by thrust area, will serve as PPAs and
control levels for fiscal year 2013 for purposes of
reprogramming notification and approval, governed by the
requirements of section 503 in the bill. This funding plan
shall also include project-level detail on how S&T intends to
fund individual research initiatives within each ``thrust''
area PPA.
PORTFOLIO REVIEWS
The Committee recognizes the Directorate is establishing a
more visible and accountable project selection process, to
include annual portfolio reviews. These reviews have helped S&T
identify under-performing projects, necessary under a
constrained budget, and the Committee continues to support them
as an effective way to help DHS determine how best to invest
finite research dollars. The Committee directs S&T to provide a
briefing on results of any portfolio reviews no later than 30
days after the results have been compiled. The briefing shall
include an assessment of the most promising projects, an
appraisal of those that scored poorly, and any plans to modify
or reallocate funding from underperforming initiatives. This
briefing should also include a detailed overview of how S&T
measures and scrutinizes the cost and schedule of its research
projects.
CUSTOMER ENGAGEMENT
Over the years, S&T has changed its process for engaging
DHS customers to determine the top science and technology
requirements of the Department's components. This information
is critical to the Directorate's mission, as S&T must develop
the technologies that our frontline operators need most to
secure the Homeland. If S&T's top priorities are not driven by
its customers, then the Directorate has manifestly failed in
its mission; as a result, the Committee intends to monitor
S&T's process for customer engagement. Accordingly, the
Committee directs S&T to provide a report no later than 60 days
after the date of enactment detailing its process for
determining each customer's S&T needs, prioritizing those
needs, and assessing customer satisfaction with S&T's work.
This should also include a description of the extent to which
S&T customers are involved in the Directorate's portfolio
reviews.
APEX PROJECTS
The Committee applauds S&T's continued focus on ``Apex''
projects, which aim to deliver quickly solutions to address
critical needs of select DHS customers, and recommends funding
this activity at the requested level of $15,000,000. These
projects have greater visibility in the Directorate and are
more likely than longer-range research projects to demonstrate
a measurable return on the taxpayer's dollar. Given the
importance of Apex projects, the Committee will continue to
exercise special oversight of them and directs S&T to: (1)
brief the Committee no later than 14 days before signing any
agreement to initiate a new Apex project to include, but not be
limited to, information on the goals and full cost of the
proposed effort; and (2) provide quarterly updates on existing
Apex projects to include, but not be limited to, the status of
the initiative, project costs, and approximate project
completion date.
LABORATORY FACILITIES
The Committee recommends $202,432,000 for laboratory
facilities, $75,000,000 above the amount requested. This
includes $75,000,000 to fund construction efforts at the
National Bio- and Agro-defense Facility (NBAF) in Manhattan,
Kansas. The Committee expects the Department to use $40,000,000
appropriated in fiscal year 2011 to construct the Central
Utility Plant, contingent upon the National Academy of
Sciences' approval of the revised site-specific risk
assessment.
The Committee believes that the additional funding for
fiscal year 2013, combined with the $50,000,000 appropriated in
fiscal year 2012, will enable S&T to initiate meaningful
segments of the NBAF project. The Committee directs S&T to
submit a detailed update of its fiscal year 2013 NBAF
construction plan and schedule, to include an updated plan for
the expenditure of funds, no later than 30 days after the date
of enactment of this Act; of the funds provided to S&T for
RDA&O, $20,000,000 is withheld from obligation until the
aforementioned plan is received by the Committee.
However, the Committee understands that, in the interim,
the Nation will continue to rely on Plum Island Animal Disease
Center in New York to provide research on biological threats
that may impact America's food and livestock industries. The
Committee directs S&T to provide a report no later than 30 days
after the date of enactment of this Act detailing projected
costs for any necessary upgrades to Plum Island facilities to
keep the Center minimally sustainable until the NBAF begins to
operate at full capacity.
The Committee underscores the importance of making progress
in protecting the Nation's food supply and agricultural
economy. The potential impact of an intentional or even natural
disease outbreak on the Nation's agricultural industry and food
supply could be enormous and sudden. One recent example of this
was the decision by some foreign food retailers to cut off
sales of U.S. beef following the news that a U.S. Department of
Agriculture inspection had discovered a cow infected with
bovine spongiform encephalopathy, otherwise known as ``mad cow
disease,'' for the first time since 2006.
UNIVERSITY PROGRAMS AND CENTERS OF EXCELLENCE
The Centers of Excellence (COE) at U.S. colleges and
universities provide critical homeland security-related
research and education to address high-priority domestic
security-related issues and to enhance homeland security
capabilities over the long term. COEs focus on building
homeland security expertise in the academic community, creating
strategic partnerships among universities and public agencies,
and developing a new scientific workforce of homeland security
experts.
The Committee believes that it would help maximize the
Centers' return on investment, and be consistent with previous
suggestions by the Administration, if the competitive awards
made to the Centers each year were based on performance
reviews, conducted as part of the University Programs' internal
review process. The Committee requests S&T provide a briefing
no later than 90 days after the date of enactment of this Act
on how such performance criteria is used in the annual
allocation process for COE selection and awards.
In addition, the Committee recognizes the need to address
current gaps in forensic science application and to increase
the pipeline of forensics-trained workers to improve homeland
security operations related to chemical, biological,
radiological, nuclear, and explosives threats. The Committee is
aware that the Domestic Nuclear Detection Office (DNDO)
performs this function for nuclear and radiological threats
through its National Nuclear Forensics Expertise Development
Program, which provides an academic pathway from undergraduate
to post-doctorate study in nuclear and geochemical science
specialties directly relevant to technical nuclear forensics.
S&T is encouraged to use funding under this heading to
complement DNDO efforts and help expand the use and training in
other areas of forensic science.
The Committee is aware of other approaches to research and
development through the national academic and research
communities, including the broad-based approach initiated by
the National Science Foundation, its Experimental Program to
Stimulate Competitive Research (EPSCoR), which has been
emulated by other Federal departments and agencies. The
Committee directs S&T to evaluate, in consulation with the NSF,
how an EPSCoR program could benefit DHS and the homeland
security mission and advise the Committee how such a program
could be established at DHS.
CYBER SECURITY RESEARCH AND DEVELOPMENT
The Committee directs that not less than $10,000,000 of the
funds provided for cyber security research and development be
allocated, on a competitive basis, to research and development
projects that leverage the expertise of existing governmental
organizations to improve the intrusion detection, cyber
forensic, and software assurance capabilities of DHS.
FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS
When applicable, Federal funding for first responder
communications equipment should support acquisition of
technology that meets common system standards (Project 25
standards) for digital public safety radio communications, in
order to ensure interoperability of such systems. S&T should
continue to collaborate with the Director of the National
Institute of Standards and Technology in assessing compliance
of first responder communication equipment with Project 25
standards.
COLLABORATION WITH THE DEFENSE DEPARTMENT
The Committee directs the Under Secretary for S&T to
collaborate with the Assistant Secretary of Defense for
Research and Engineering to identify equipment and technology
used by the Department of Defense that could be used by TSA for
passenger screening to detect explosive material at security
checkpoints.
GLOBAL POSITIONING SYSTEM SECURITY
Accurate, available and safe global positioning system
(GPS)-derived information has become an essential part of the
national communications and technology infrastructure upon
which a wide range of services depend, including law
enforcement and first responder communications, border
security, and power grid synchronization. The Committee is
concerned about the threat that interference, jamming or
spoofing of GPS could have upon these services, and understands
that DHS is looking at approaches to detect, locate and analyze
the nature of interruptions in access to accurate GPS
information. The Committee urges DHS and S&T to look to ways to
establish such a capacity on a nationwide basis in the near
term, to include the development of pilot projects.
DISASTER COMMUNICATIONS
The Committee is concerned with the availability and
sustained operability of communications during emergencies,
natural disasters or times of crisis. The Committee encourages
the Department of Homeland Security, the Federal Communications
Commission (FCC) and the National Institute of Standards and
Technology (NIST) to explore existing methods and technologies
to sustain communications during disasters, including the
potential benefits of using broadcast radio chips in mobile
devices, and report back to the Committee on their findings
within six months of the date of enactment of this Act.
EXPLOSIVE DETECTION CANINES
The Committee recognizes the critical importance of
explosive detection canines to homeland security, and strongly
supports S&T ongoing collaborative research to increase the
capabilities and quality of detection canines available to the
government. The Committee also encourages the Department to
strongly consider the development of standards, protocols and
certifications for the breeding, training, and deployment of
explosive-detection canines.
Domestic Nuclear Detection Office
Management and Administration
Appropriation, fiscal year 2012....................... $38,000,000
Budget estimate, fiscal year 2013..................... 39,692,000
Recommended in the bill............................... 38,000,000
Bill compared with:
Appropriation, fiscal year 2012................... - - -
Budget estimate, fiscal year 2013................. -1,692,000
MISSION
The Management and Administration appropriation provides
for the salaries and expenses of Domestic Nuclear Detection
Office (DNDO) employees. This is a jointly-staffed office that
consists of both Federal employees and interagency detailees.
RECOMMENDATION
The Committee recommends $38,000,000 for Management and
Administration, $1,692,000 below the amount requested due to
the need to offset shortfalls created by the budget request's
reliance on unauthorized fees, and the Department's lack of
responsiveness to Congressional requirements.
STRATEGIC INVESTMENT PLAN
In the fiscal year 2012 Statement of Managers, the
conferees directed the Secretary of Homeland Security to submit
a strategic plan of investments necessary to implement the
Department's responsibilities under the domestic component of
the Global Nuclear Detection Architecture. The bill includes
language to continue this requirement in fiscal year 2013, due
at the time the President's budget request is submitted for
fiscal year 2014. The Committee intends for this to be an
annual report. The Committee further directs that DNDO include
in this report metrics and goals for situational awareness of
other programs, as stipulated in the Research, Development, and
Operations section of this report.
Research, Development, and Operations
Appropriation, fiscal year 2012....................... $215,000,000
Budget estimate, fiscal year 2013..................... 236,830,000
Recommended in the bill............................... 226,830,000
Bill compared with:
Appropriation, fiscal year 2012................... +11,830,000
Budget estimate, fiscal year 2013................. -10,000,000
MISSION
The Research, Development, and Operations (RD&O)
appropriation funds all DHS nuclear detection research,
development, test, evaluation, and operational support
activities. DNDO is responsible for overseeing the Global
Nuclear Detection Architecture (GNDA), a worldwide network of
systems used to detect and report attempts to import or
transport a nuclear device or fissile or radiological material
intended for illicit use. DNDO is continuing to improve the
domestic portion of this architecture through an integrated
research, development, test, and evaluation program, while
providing support to current operations.
RECOMMENDATION
The Committee recommends $226,830,000 for RD&O, $10,000,000
below the amount requested, and $11,830,000 above the amount
provided in fiscal year 2012. A comparison of the budget
estimate to the Committee recommended level by budget activity
is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Systems Engineering and $30,091,000 $30,000,000
Architecture.....................
Systems Development............... 28,401,000 28,000,000
Transformational Research and 83,897,000 74,766,000
Development......................
Assessments....................... 33,198,000 33,000,000
Operations Support................ 35,679,000 35,500,000
National Technical Nuclear 25,564,000 25,564,000
Forensics Center.................
-------------------------------------
Total, RD&O................... $236,830,000 $226,830,000
------------------------------------------------------------------------
SYSTEMS ENGINEERING AND ARCHITECTURE
DNDO continuously monitors and assesses the GNDA to
identify gaps in the Architecture that pose the greatest risk
of being exploited for the illicit transport of radiological
and nuclear threats. The Office then must use its resources, or
work with partners in the interagency and intergovernmental
community, to mitigate gaps by adjusting operations and making
informed investments in new technology that help reduce the
risk and support a system-wide approach to nuclear and
radiological detection.
This process requires a thorough understanding and
continuous awareness of the GNDA, its components, and its
operations--supported by comprehensive and rigorous risk
models. Systems Engineering and Architecture focuses on
identifying and validating the GNDA as a necessary prerequisite
for a unified approach to this mission. The Committee directs
DNDO to provide semi-annual briefings, beginning 90 days after
the date of enactment of this Act, on its core programs and
initiatives by means of a pathway-by-pathway assessment for
radiological and nuclear threats, beginning with areas of
greatest risk. These updates should focus on those
vulnerabilities DNDO seeks to address through research,
development, acquisitions, partnerships, and other efforts, as
well as long-term projections for closing GNDA gaps.
SYSTEMS DEVELOPMENT
The Committee recommends $28,000,000 for Systems
Development, $401,000 below the amount requested, and
$23,000,000 below the amount provided in fiscal year 2012. This
is a nearly 50 percent reduction over fiscal year 2012, which
the President's budget requests in order to shift DNDO to a
``Commercial First'' approach. The Committee encourages DNDO
and DHS to take advantage of experience and capacity of private
industry to help develop new technologies and systems, and
expects to see DNDO leverage private sector solutions wherever
appropriate. The Systems Development activity of DNDO provides
rigorous testing and feedback on commercial-off-the-shelf or
other relatively mature systems and technology that can be used
to mitigate GNDA vulnerabilities, as an alternative to relying
on long-term, large scale technology development efforts. The
Committee directs DNDO to provide, at the time it submits its
fiscal year 2014 budget request, a formal review of its
Commercial First approach, including any resulting successful
partnerships with industry.
TRANSFORMATIONAL AND APPLIED RESEARCH PROGRAM
The Committee recommends $74,766,000 for Transformational
and Applied Research, $9,131,000 below the amount requested,
and $34,766,000 above the amount provided in fiscal year 2012.
The reduction to the request is due to the need to offset
shortfalls created by the budget request's reliance on
unauthorized fees and the Department's lack of responsiveness
to Congressional requirements. However, the considerable
increase over fiscal year 2012 will allow DNDO to bolster its
R&D in areas not being pursued by larger partner agencies, such
as the Departments of Defense and Energy, or in the private
sector. Such challenges include detection of shielded nuclear
material; fielding affordable detection equipment that can be
widely and easily deployed; enhancing the ability to conduct
wide-area and standoff searches for material; and other
essential monitoring of GNDA pathways. These efforts are
undertaken through the exploratory research program, with
proof-of-concept demonstrations; the Academic Research
Initiative; Advanced Technology Demonstrations; and Small
Business Innovative Research. The Committee directs DNDO to
provide a briefing on the status of major initiatives no later
than 90 days after the date of enactment of this Act, and
semiannually thereafter.
ASSESSMENTS
The Committee recommends $33,000,000 for Assessments,
$198,000 below the amount requested, and $5,000,000 below the
amount provided in fiscal year 2012. The Committee directs DNDO
to continue to provide semiannual updates on its red teaming
efforts.
OPERATIONS SUPPORT
The Committee recommends $35,500,000 for Operations
Support, $179,000 below the amount requested, and $2,500,000
above the amount provided in fiscal year 2012. Within the
amount provided, $3,111,000 is provided for program increases
associated with DNDO's Information Sharing Program (ISP),
Mission Critical Messaging Program (MCM), and Maritime
Capability Development Program (MCD). The ISP and MCM programs
will provide DNDO with situational awareness of detection
systems within the GNDA. By enhancing the systems within the
Joint Analysis Center, this will permit DNDO to more quickly
adjudicate nuclear alarms nationwide and, in emergencies or
high threat situations, more efficiently and effectively
coordinate deployment of ``surge'' assets.
The Committee directs DNDO to report no later than 60 days
after the date of enactment of this Act on the specific metrics
by which to measure how ISP and MCM programs are improving
DNDO's situational awareness of the GNDA, and include a five
year plan, and associated funding needed to reach those goals.
DNDO is further directed to include these goals and metrics in
the annual strategic investment plan required for the GNDA to
allow the Committee to better measure the progress for those
efforts.
NATIONAL TECHNICAL NUCLEAR FORENSICS
The Committee recommends $25,564,000 for the National
Technical Nuclear Forensics Center (NTNFC), the same as the
amount requested, and $2,564,000 above the amount provided in
fiscal year 2012. The Committee strongly supports capacity-
building efforts for nuclear forensics.
Systems Acquisition
Appropriation, fiscal year 2012....................... $37,000,000
Budget estimate, fiscal year 2013..................... 51,455,000
Recommended in the bill............................... 51,455,000
Bill compared with:
Appropriation, fiscal year 2012................... +14,455,000
Budget estimate, fiscal year 2013................. - - -
MISSION
The Systems Acquisition appropriation provides for
acquisition and deployment of radiation detection technologies
for other components of the Department, in particular the Coast
Guard, U.S. Customs and Border Protection, and the
Transportation Security Administration. It also supports DNDO
provision of systems engineering and test and evaluation
programs, both in support of fielded systems and prior to
acquisition, and includes funding for the development of
appropriate training, exercise, and alarm response protocols.
To carry out this mission, DNDO acquires a range of radiation
detection technologies, including fixed, mobile, and
relocatable radiation portal monitors and a range of human
portable radiation detection systems.
RECOMMENDATION
The Committee recommends $51,455,000 for Systems
Acquisition, as requested, and $14,455,000 above the amount
provided in fiscal year 2012. A comparison of the budget
estimate to the Committee recommended level by PPA is as
follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Radiation Portal Monitor Program.. $1,355,000 $1,355,000
Securing the Cities............... 22,000,000 22,000,000
Human Portable Radiation Detection 28,100,000 28,100,000
Systems..........................
-------------------------------------
Total, Systems Acquisitions... $51,455,000 $51,455,000
------------------------------------------------------------------------
RADIATION PORTAL MONITOR PROGRAM
The Committee recommends $1,355,000 for the Radiation
Portal Monitor (RPM) Program, as requested, and $5,645,000
below the amount provided in fiscal year 2012. While the RPM
program was historically focused on improving fixed
radiological and nuclear detection capabilities at sea and land
ports of entry, hundreds of millions of dollars have already
been invested in this layer of the GNDA. To address a different
GNDA gap, funding in fiscal year 2013 is included for the
Domestic Airport Deployment Project, as requested, to reduce
risk in international aviation, through monitoring arrivals of
international air cargo. The Committee expects DNDO to continue
to make risk-based decisions such as these in a constrained
budget environment and to keep the Committee informed of
developments in deploying and improving radiation monitoring
capabilities.
SECURING THE CITIES
The Committee recommends $22,000,000 for the Securing the
Cities (STC) Program, as requested, to fund efforts in New York
City and a second urban location. In fiscal year 2012, the
conferees directed DNDO to provide a comprehensive STC report
before committing funds to a new location, which required that
DNDO establish ``performance measures that will be used to
evaluate STC sites.'' In this regard, the Committee also
expects DNDO to develop and apply clear program standards,
consistent with optimizing the taxpayer investment in this
program, for the initiation, development, and completion of the
investments in technology, systems, training, and governance
for participating cities. This should also include an explicit
schedule for the transition from the end of the development
stage to the point where a city can sustain the effort using
State, local, or Federal grant funding. The Committee,
therefore, directs DNDO to provide performance updates based on
pre-established measures for each STC location during semi-
annual briefings and to include the STC program in its annual
strategic investment plan.
HUMAN PORTABLE RADIATION DETECTION SYSTEMS
The Committee includes $28,100,000 for Human Portable
Radiation Detection Systems (HPRDS), as requested, and
$20,100,000 above the amount provided in fiscal year 2012.
These funds will support the acquisition of next-generation
handheld detectors for DHS frontline operators, as well as
radiological and nuclear detection capabilities for scanning
small maritime vessels. The Committee supports this acquisition
as a cost effective, scalable approach to filling a GNDA
pathway--rather than costly, fixed systems--and directs DNDO to
provide periodic updates on efforts to better leverage certain
HPRDS investments with new technology to virtually connect
individual detectors in order to create more powerful ``mesh''
networks.
TITLE V--GENERAL PROVISIONS--THIS ACT
(INCLUDING RESCISSIONS OF FUNDS)
Section 501. The Committee continues a provision providing
that no part of any appropriation shall remain available for
obligation beyond the current year unless expressly provided.
Section 502. The Committee continues a provision providing
that unexpended balances of prior appropriations may be merged
with new appropriation accounts and used for the same purpose,
subject to reprogramming guidelines.
Section 503. The Committee continues a provision providing
reprogramming authority for funds within an account and not to
exceed five percent transfer authority between appropriations
accounts with the requirement for a 15-day advance
Congressional notification. A detailed funding table
identifying each Congressional control level for reprogramming
purposes is included at the end of this Report. These
reprogramming guidelines shall be complied with by all agencies
funded by the Department of Homeland Security Appropriations
Act, 2013.
The Department shall submit reprogramming requests on a
timely basis and 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 on Appropriations 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 position) levels for the
current fiscal year and to the levels requested in the
President's budget for the following fiscal year.
The Department shall manage its programs and activities
within the levels appropriated. The Department should only
submit reprogramming or transfer requests 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 not approved.
The Department is not to submit a reprogramming or transfer
of funds after June 30 except in extraordinary circumstances,
which imminently threaten the safety of human life or the
protection of property. If a reprogramming or transfer is
needed after June 30, the notice should contain sufficient
documentation as to why it meets this statutory exception.
Deobligated funds are also subject to the reprogramming and
transfer guidelines and requirements set forth in this section.
Section 504. The Committee continues a provision that
prohibits funds appropriated or otherwise made available to the
Department to make payment to the Department's Working Capital
Fund, except for activities and amounts allowed in the
President's fiscal year 2013 request. Funds provided to the WCF
are available until expended. The Department can only charge
components for direct usage of the WCF and these funds may be
used only for the purposes consistent with the contributing
component. Any funds paid in advance or reimbursed must reflect
the full cost of each service. The WCF shall be subject to the
requirements of section 503 of this Act.
Section 505. The Committee continues a provision providing
that not to exceed 50 percent of unobligated balances remaining
at the end of fiscal year 2013 from appropriations made for
salaries and expenses shall remain available through fiscal
year 2014 subject to section 503 reprogramming guidelines.
Section 506. The Committee continues a provision providing
that funds for intelligence activities are deemed to be
specifically authorized during fiscal year 2013 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2013.
Section 507. The Committee continues and modifies a
provision requiring notification of the Committees on
Appropriations three days before grant allocations, grant
awards, contract awards, other transactional agreements, letter
of intents, or task or delivery order on a multiple contract
award totaling $1,000,000 or more, or a task order greater than
$25,000,000 from multi-year funds, is announced by the
Department, including contracts covered by the Federal
Acquisition Regulation. This provision is modified from
previous fiscal years to also include all sole source grant
awards. The Department is required to brief the Committees on
Appropriations five full business days prior to announcing the
intention to make a grant under State and Local Programs.
Notification shall include a description of the project or
projects to be funded, including city, county and state.
Section 508. The Committee continues a provision providing
that no agency shall purchase, construct, or lease additional
facilities for Federal law enforcement training without advance
approval of the Committees on Appropriations.
Section 509. The Committee continues a provision providing
that none of the funds may be used for any construction,
repair, alteration, and acquisition project for which a
prospectus, if required under chapter 33 of title 40, United
States Code, has not been approved.
Section 510. The Committee continues and modifies a
provision that consolidates by reference prior year statutory
bill language into one provision. These provisions relate to
contracting officer's technical representative training;
sensitive security information, as modified; and the use of
funds in conformance with section 303 of the Energy Policy Act
of 1992.
Section 511. The Committee continues a provision that none
of the funds may be used in contravention of the Buy American
Act.
Section 512. The Committee continues a provision on
reporting requirements of the privacy officer.
Section 513. The Committee continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 514. The Committee continues a provision requiring
the Chief Financial Officer to submit monthly budget execution
and staffing reports within 45 days after the close of each
month.
Section 515. The Committee continues a provision that
directs that any funds appropriated or transferred to TSA
``Aviation Security'', ``Administration'', and ``Transportation
Security Support'' in fiscal years 2004 and 2005, which are
recovered or deobligated, shall be available only for
procurement and installation of explosive detection systems for
air cargo, baggage, and checkpoint screening systems, subject
to notification. The Committee also requires quarterly reports
on recovered or deobligated funds.
Section 516. The Committee continues a provision requiring
any funds appropriated to the Coast Guard's 110-123 foot patrol
boat conversion that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or litigation,
shall be available until expended for the Fast Response Cutter
program.
Section 517. The Committee continues a provision relating
to undercover investigative operations authority of the United
States Secret Service for fiscal year 2013.
Section 518. The Committee continues a provision
classifying the functions of the instructor staff at the
Federal Law Enforcement Training Center as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act.
Section 519. The Committee continues a provision
prohibiting the obligation of funds 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, and this
provision does not require new competitions of existing
contracts during their current terms. The bill also requires
the Inspector General to review Departmental contracts awarded
noncompetitively and report on the results to the Committees.
Section 520. The Committee continues a provision that
prohibits funding for any position designated as a Principal
Federal Official during a Stafford Act declared disaster or
emergency.
Section 521. The Committee continues a provision that
precludes DHS from using funds in this Act to carry out
reorganization authority. This prohibition is not intended to
prevent the Department from carrying out routine or small
reallocations of personnel or functions within components,
subject to Section 503 of this Act. This language prevents
large scale reorganization of the Department, which the
Committee believes should be acted on statutorily by the
relevant Congressional committees of jurisdiction.
Section 522. The Committee continues a provision
prohibiting funding to grant an immigration benefit to any
individual unless the results of background checks required in
statute, to be completed prior to the grant of the benefit,
have been received by DHS.
Section 523. The Committee continues and modifies a
provision relating to other transactional authority of the DHS
through fiscal year 2013.
Section 524. The Committee continues a provision that
requires the Secretary to link all contracts that provide award
fees to successful acquisition outcomes.
Section 525. The Committee continues a provision
prohibiting the obligation of funds for the Office of Secretary
and Executive Management for any new hires at DHS if they are
not verified through the E-Verify program.
Section 526. The Committee continues a provision related to
prescription drugs.
Section 527. The Committee continues a provision requiring
the Secretary of Homeland Security, in conjunction with the
Secretary of Treasury, to notify the Committees of any proposed
transfers from the Department of Treasury Forfeiture Fund to
any agency within the Department of Homeland Security. No funds
may be obligated until the Subcommittees approve the proposed
transfers.
Section 528. The Committee continues a provision
prohibiting funds for planning, testing, piloting or developing
a national identification card.
Section 529. The Committee continues a provision requiring
the Administrator of TSA to certify that no security risks will
result if an airport does not participate in the E-Verify
program.
Section 530. The Committee continues and modifies a
provision relating to the liquidation of Plum Island assets and
how the proceeds from this sale may be applied to construction
costs of the new National Bio and Agro-defense Facility.
Section 531. The Committee continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate any authority
unless expressly authorized to do so in this Act.
Section 532. The Committee continues and modifies a
provision that extends the date of the chemical facilities
security program.
Section 533. The Committee continues a provision
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba.
Section 534. The Committee continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 535. The Committee continues a provision
prohibiting funds in this Act to be used for adverse personnel
actions for employees who use protective equipment or measures,
including surgical masks, N95 respirators, gloves, or hand-
sanitizers in the conduct of their official duties.
Section 536. The Committee continues a provision
prohibiting funds to be used to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 537. The Committee continues a provision on the
proper disposal of personal information collected through the
Registered Traveler program. A report on procedures and status
is required to be submitted 30 days after the date of enactment
of this Act.
Section 538. The Committee continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 539. The Committee continues and modifies a
provision that requires the Administrator of TSA to report on
how the agency will meet the requirement to screen 100 percent
of air cargo transportation on passenger aircraft arriving in
the United States.
Section 540. The Committee continues a provision that
requires any new processes developed to screen aviation
passengers and crews for transportation or national security to
consider privacy and civil liberties, consistent with
applicable laws, regulations, and guidance.
Section 541. The Committee continues and modifies a
provision that makes deposits into the Immigration Examinations
Fee Account available to U.S. Citizenship and Immigration
Services for the purposes of immigrant integration grants, not
to exceed $9,200,000, in fiscal year 2013.
Section 542. The Committee continues a provision
prohibiting funds appropriated or otherwise made available by
this Act from being used to enter into Federal contracts unless
in accordance with the Federal Property and Administrative
Services Act or the Federal Acquisition Regulation, unless
otherwise authorized by statute.
Section 543. The Committee continues a provision regarding
disposal of Service Processing Centers or other ICE-owned
detention facilities.
Section 544. The Committee continues a provision
prohibiting funds made available under this Act or any prior
appropriations Act from being provided to the Association of
Community Organizations for Reform Now (ACORN).
Section 545. The Committee includes a new provision
regarding multi-year investment and management plans for the
DHS CIO, CBP, and ICE.
Section 546. The Committee continues a provision requiring
the Secretary to enforce existing immigration laws.
Section 547. The Committee includes a new provision
requiring the Secretary to ensure that the fees collected as
described in the United States--Columbia Free Trade Promotion
Agreement Act of 2011 be available to CBP in fiscal year 2014
and subsequent fiscal years and that the fiscal year 2014
budget request include any necessary offsets.
Section 548. The Committee includes a new provision
extending the authorization of E-Verify through the end of
fiscal year 2013.
Section 549. The Committee includes a new provision
restricting travel aboard Coast Guard owned or operated fixed-
wing aircraft after the date of submission of the President's
budget request for fiscal year 2014 if the Secretary has not
provided the Committee with the required Comprehensive
Acquisition Strategy Report and the Commandant has not provided
the required Capital Investment Plan; provided certain
exceptions may be made for national emergencies.
Section 550. The Committee includes a new provision
reforming Coast Guard acquisition processes and definitions,
and directing the Coast Guard to follow specific guidelines
when submitting costs related to the construction or conversion
of a cutter.
Section 551. The Committee includes a new provision
regarding debris removal.
Section 552. The Committee includes a new provision
regarding Federal network security.
Section 553. The Committee includes a new provision
regarding restrictions on electronic access to pornography,
except for law enforcement purposes.
Section 554. The Committee includes a new provision
regarding the transfer of firearms by Federal law enforcement
personnel.
Section 555. The Committee includes a new provision
directing OMB to instruct any department, agency, or instrument
of the Government receiving funds appropriated in this Act, to
track undisbursed balances in expired grant accounts and
include in its annual performance plan, and performance and
accountability reports, additional details, as outlined.
Section 556. The Committee includes a new provision
regarding funding restrictions and reporting requirements
regarding conferences occurring outside of the United States.
Section 557. The Committee includes a new provision
regarding funding restrictions and reporting requirements
regarding conferences, ceremonies, commissionings, and de-
commissionings costing more than $20,000.
Section 558. The Committee includes a new provision
restricting funds from corporate felons.
Section 559. The Committee includes a new provision
restricting funds from any corporation with unpaid Federal tax
liabilities.
Section 560. The Committee includes a new provision
rescinding unobligated balances from FEMA's Predisaster
Mitigation program.
Section 561. The Committee includes a new provision
rescinding unobligated balances from Coast Guard--Acquisition,
Construction, and Improvements, and CBP--Border Security
Fencing, Infrastructure, and Technology.
Section 562. The Committee includes a new provision
permanently rescinding $60,000,000 from the Department of the
Treasury Forfeiture Fund.
Section 563. The Committee includes a new provision
rescinding unobligated balances made available to the
Department when it was created in 2003.
Section 564. The Committee includes a new provision that
prohibits new budget authority from exceeding budget allocation
in Fiscal Year 2013.
APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE
Title 31 of the United States Code makes clear that
appropriations can be used only for the purposes for which they
were appropriated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise provided
by law.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
Full Committee Votes
Pursuant to the provisions of clause 3(b) of rule XIII of
the Rules of the House of Representatives, the results of each
roll call vote on an amendment or on the motion to report,
together with the names of those voting for and those voting
against, are printed below:
ROLLCALL NO. 1
Date: May 16, 2012
Measure: Homeland Security Appropriations Bill, FY 2013
Motion by: Mr. Aderholt
Description of Motion: An amendment that (1) prohibits
federal funding for Immigration and Customs Enforcement (ICE)
to provide for abortions, except in where the life of the
mother would be endangered, or in the case of rape or incest;
(2) prohibits federal funding to be used to require a person to
perform or facilitate the performance of an abortion; and (3)
permits ICE to provide escort services for a female detainee to
receive abortion services outside the detention facility, with
an exception for philosophical beliefs.
Results: Adopted 28 yeas to 21 nays.
Members Voting Yea Members Voting Nay
Mr. Aderholt Mr. Bishop
Mr. Alexander Ms. DeLauro
Mr. Austria Mr. Dicks
Mr. Bonner Mr. Farr
Mr. Calvert Mr. Fattah
Mr. Carter Mr. Hinchey
Mr. Cole Mr. Honda
Mr. Crenshaw Mr. Jackson
Mr. Culberson Ms. Kaptur
Mr. Dent Ms. Lee
Mr. Diaz-Balart Mrs. Lowey
Mrs. Emerson Ms. McCollum
Mr. Flake Mr. Moran
Mr. Frelinghuysen Mr. Olver
Ms. Granger Mr. Pastor
Mr. Graves Mr. Price
Mr. Kingston Mr. Rothman
Mr. Latham Ms. Roybal-Allard
Mr. LaTourette Mr. Schiff
Mr. Lewis Mr. Serrano
Mrs. Lummis Mr. Visclosky
Mr. Nunnelee
Mr. Rehberg
Mr. Rogers
Mr. Simpson
Mr. Womack
Mr. Yoder
Mr. Young
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Account/Activity Rescissions
Coast Guard, AC&I--Reduction for PDA for NSC #4 (FY10).......$37,500,000
Coast Guard, AC&I--Patrol Boats (FY10)........................ 5,000,000
Coast Guard, AC&I--Reduction for PDA for NSC #5 (FY11)........54,100,000
Coast Guard, AC&I--Offshore Patrol Cutter (FY11)..............27,000,000
CBP, BSFIT....................................................40,412,000
Coast Guard, AC&I--System Engineering and Integration (FY11)..10,000,000
Coast Guard, AC&I--Offshore Patrol Cutter (FY12)..............23,000,000
Coast Guard, AC&I--H-60 (FY12)................................ 5,000,000
Coast Guard, AC&I--H-65 (FY12)................................10,000,000
Coast Guard, AC&I--System Engineering and Integration (FY12)..10,000,000
FEMA, Predisaster Mitigation.................................. 6,000,000
Office of Domestic Preparedness............................... 1,316,000
National Predisaster Mitigation Fund.......................... 2,831,000
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2), rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfer of funds provided in the accompanying bill.
The table shows, by title, department and agency, the
appropriations affected by such transfers:
Appropriation Transfers Recommended in the Bill
----------------------------------------------------------------------------------------------------------------
Account from which transfer is to
Account to which transfer is to be made Amount be made Amount
----------------------------------------------------------------------------------------------------------------
Office of Inspector General................. $24,000,000 FEMA--Disaster Relief Fund $24,000,000
FEMA--Salaries and Expenses................. 123,696,000 FEMA--State and Local Programs 123,696,000
FEMA--Salaries and Expenses................. 31,195,000 FEMA--Firefighter Assistance 31,195,000
Grants
FEMA--Salaries and Expenses................. 9,239,000 FEMA--EMPG 9,239,000
----------------------------------------------------------------------------------------------------------------
Disclosure of Earmarks and Congressional Directed Spending Items
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
Compliance With Rule XIII, CL. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic and existing law in which no change
is proposed is shown in roman):
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007
(Public Law 109-295)
AN ACT Making appropriations for the Department of Homeland Security
for the fiscalyear ending September 30, 2007, and for other purposes.
* * * * * * *
TITLE V--GENERAL PROVISIONS
Sec. 532. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal year
[2012] 2013, 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--
(1) * * *
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle D--Acquisitions
SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.
(a) Authority.--Until [September 30, 2012,] September 30,
2013, and subject to subsection (d), the Secretary may carry
out a pilot program under which the Secretary may exercise the
following authorities:
(1) * * *
* * * * * * *
(c) Additional Requirements.--
(1) In general.--The authority of the Secretary under
this section shall terminate [September 30, 2012,]
September 30, 2013, unless before that date the
Secretary--
(A) * * *
* * * * * * *
----------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
Sec. 550. (a) * * *
(b) Interim regulations issued under this section shall apply
until the effective date of interim or final regulations
promulgated under other laws that establish requirements and
standards referred to in subsection (a) and expressly supersede
this section: Provided, That the authority provided by this
section shall terminate [on October 4, 2012] on October 4,
2013.
* * * * * * *
----------
SECTION 401 OF THE ILLEGAL IMMIGRATION REFORM AND IMMIGRANT
RESPONSIBILITY ACT OF 1996
SEC. 401. ESTABLISHMENT OF PROGRAMS.
(a) * * *
(b) Implementation Deadline; Termination.--The Secretary of
Homeland Security shall implement the pilot programs in a
manner that permits persons and other entities to have
elections under section 402 of this division made and in effect
no later than 1 year after the date of the enactment of this
Act. Unless the Congress otherwise provides, the Secretary of
Homeland Security shall terminate a pilot program on September
30, [2012] 2013.
* * * * * * *
----------
CHAPTER 449 OF TITLE 49, UNITED STATES CODE
CHAPTER 449--SECURITY
SUBCHAPTER I--REQUIREMENTS
Sec.
44901. Screening passengers and property.
* * * * * * *
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
* * * * * * *
[44945. Disposition of unclaimed money.]
* * * * * * *
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
* * * * * * *
[Sec. 44945. Disposition of unclaimed money
[Notwithstanding section 3302 of title 31, unclaimed money
recovered at any airport security checkpoint shall be retained
by the Transportation Security Administration and shall remain
available until expended for the purpose of providing civil
aviation security as required in this chapter.]
Compliance With Rule XIII, Clause 3(f)(1)(A)
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has inserted at the
appropriate place in the report a description of the effects of
provisions proposed in the accompanying bill which may be
considered, under certain circumstances, to change the
application of existing law, either directly or indirectly.
The bill provides, in some instances, funding of agencies
and activities where legislation has not yet been finalized. In
addition, the bill carries language, in some instances,
permitting activities not authorized by law. Additionally, the
Committee includes a number of general provisions.
TITLE I--DEPARTMENT MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
The Committee includes language providing funds for the
Office of the Secretary and Executive Management offices,
including funds for official reception and representation
expenses. The Committee also limits the funds available until
certain actions have been taken.
Office of the Under Secretary for Management
The Committee includes language providing funds for
reception and representation expenses; for costs necessary to
consolidate headquarters operations, including tenant
improvements and relocation costs; and for the human resources
information technology program. The Committee also limits the
funds available until certain actions have been taken.
Office of the Chief Financial Officer
The Committee includes language providing funds for the
Chief Financial Officer. The Committee also limits the funds
available until certain actions have been taken.
Office of the Chief Information Officer
The Committee includes language providing funds for the
Chief Information Officer and for the development and
acquisition of information technology equipment, software,
services, and related activities.
Analysis and Operations
The Committee includes language providing funds for
information analysis and operations coordination activities,
including funding for official representation expenses.
Office of Inspector General
The Committee includes language providing funds for the
Office of Inspector General as well as certain confidential
operational expenses, including the payment of informants.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and Expenses
The Committee includes language making funds available for
border security, immigration, customs, and agricultural
inspections and regulatory activities; purchase or lease of
vehicles; contracting with individuals for personal services;
Harbor Maintenance Fee collections; official reception and
representation expenses; Customs User Fee collections; payment
of rental space in connection with pre-clearance operations;
and compensation of informants. The Committee includes language
regarding overtime compensation.
Automation Modernization
The Committee includes language making funds available for
automated systems.
Border Security Fencing, Infrastructure, and Technology
The Committee includes language making funds available for
border security fencing, infrastructure, and technology.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
The Committee includes language making funds available for
the operations, maintenance, and procurement of marine vessels,
aircraft, unmanned aircraft systems, and other equipment;
travel; and assistance to other law enforcement agencies and
humanitarian efforts. The Committee includes language
prohibiting the transfer of aircraft and related equipment out
of Customs and Border Protection unless certain conditions are
met. In addition, the Committee requires submission of an
updated five-year strategic plan for air and marine operations.
Construction and Facilities Management
The Committee includes language making funds available for
the planning, acquisition, construction, renovating, equipping,
and maintaining of buildings and facilities. In addition,
language is included requiring a real property inventory and
construction plan.
U.S. Immigration and Customs Enforcement
Salaries and Expenses
The Committee includes language making funds available to
conduct investigations of criminal violations of Federal law
relating to border security, customs and trade, immigration and
naturalization, and travel and transportation; and for the
civil enforcement of the immigration and customs laws,
including the detention and removal of immigration status
violators; special operations; official reception and
representation expenses; compensation to informants; and
reimbursement of other Federal agencies for certain costs. The
Committee includes language regarding overtime compensation and
forced child labor laws, as well as a minimum number of
detention bed spaces that must be maintained. The Committee
also includes language that requires the Secretary to identify
illegal aliens who have been convicted of a crime who are
eligible for removal. The Committee prohibits the delegation of
law enforcement authority for the 287(g) program if terms of
the agreement have been violated. The Committee prohibits funds
to continue any contract for detention services if two recent
evaluations are less than adequate.
Automation Modernization
The Committee includes language making funds available for
automated systems.
Construction
The Committee includes language making funds available to
plan, construct, renovate, equip, and maintain buildings and
facilities.
Transportation Security Administration
Aviation Security
The Committee includes language making funds available for
civil aviation security; and establishing conditions under
which security fees are collected and credited. The Committee
also includes language providing funds for reception and
representation expenses. The Committee limits staffing to
46,000 full-time equivalent screeners, not including part-time
hires, and requires a report on advanced technology and
staffing deployment. Finally, the bill includes language
clarifying a variety of people are not exempt from screening.
Surface Transportation Security
The Committee includes language providing funds for surface
transportation security programs of the Transportation Security
Administration, including additional surface canine teams for
the mass transit and maritime domain.
Transportation Threat Assessment and Credentialing
The Committee includes language providing funds for
screening programs.
Transportation Security Support
The Committee includes language providing funds for TSA's
transportation security support and intelligence programs. The
Committee includes language requiring the submission of
detailed expenditure plans for air cargo, checkpoint support
systems, and explosive detection systems refurbishment,
procurement, and installation.
Federal Air Marshals
The Committee includes language providing funds for the
Federal Air Marshals, and requires an expenditure and staffing
plan.
Coast Guard
Operating Expenses
The Committee includes a provision regarding passenger
motor vehicles, small boats, repairs and service life-
replacements, minor shore construction projects, recreation and
welfare, and the Oil Spill Liability Trust Fund. The Committee
also includes language on reception and representation expenses
and on reporting sexual assaults. The Committee withholds
funding for the Headquarters Directorate until certain
conditions have been met.
Environmental Compliance and Restoration
The Committee includes language providing funds for
environmental compliance and restoration of the Coast Guard and
directs the inclusion of costs associated with backlogged
projects be included in the annual budget submission.
Reserve Training
The Committee includes language providing funds for the
Coast Guard reserve, including maintenance and operation of the
reserve program, personnel and training costs, equipment and
services.
Automation Modernization
The Committee includes language providing funds for
automation systems.
Acquisitions, Construction, and Improvements
The Committee includes language providing for funds for the
Coast Guard acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, housing,
vessels, and aircraft as well as for maintenance,
rehabilitation, lease and operations of facilities and
equipment. The Committee includes provisions clarifying
contracting for long lead time materials, availability of funds
for production and post-production costs, and requiring a
capital investment plan for future appropriations years with
certain conditions.
Research, Development, Test, and Evaluation
The Committee includes language providing funds for applied
scientific research, development, test, and evaluation; and for
maintenance, rehabilitation, lease and operation of facilities
and equipment. The Committee includes language available
authorizing funds to be derived from the Oil Spill Liability
Trust Fund and authorizing funds received from State and local
governments, other public authorities, private sources, and
foreign countries to be credited to this account and used for
certain purposes.
Retired Pay
The Committee includes language providing funds for retired
pay and medical care for the Coast Guard's retired personnel
and their dependents and makes these funds available until
expended.
United States Secret Service
Salaries and Expenses
The Committee includes language that provides funds for the
purchase and replacement of vehicles; the hire of aircraft;
purchase of motorcycles; services of expert witnesses as may be
necessary; rental of certain buildings; improvements to
buildings as may be necessary for protective missions; per diem
and subsistence allowances; firearms matches; presentation of
awards; protective travel; research and development; grants for
behavioral research; official reception and representation
expenses; technical assistance and equipment to foreign law
enforcement organizations; advance payment for commercial
accommodations; and uniforms. The Committee provides for two-
year availability of funds for protective travel. The Committee
authorizes the obligation of funds in anticipation of
reimbursements for training, under certain conditions. The
Committee also restricts the obligation of funds to compensate
employees for overtime in an annual amount in excess of $35,000
except under certain conditions. Finally the Committee
prohibits funds to be available for the protection of the head
of a Federal agency other than the Secretary of Homeland
Security unless the Secret Service has entered into a
reimbursable agreement.
Acquisition, Construction, and Improvements
The Committee includes language providing funds for the
acquisition, construction, improvement, and related expenses of
Secret Service facilities.
TITLE III--PREPAREDNESS AND RECOVERY
National Protection and Programs Directorate
Management and Administration
The Committee includes language providing funds for the
Office of the Under Secretary for National Protection and
Programs Directorate as well as to support business operations
and information technology. The Committee also includes
language providing funds for official reception and
representation expenses.
Infrastructure Protection and Information Security
The Committee includes language making funds available for
cyber security activities and infrastructure protection, of
which certain funds are available until September 30, 2014.
Federal Protective Service
The Committee includes language making funds available
until expended for the operations of the Federal Protective
Service.
Office of Biometric Identity Management
The Committee includes language making funds available for
the Office of Biometric Identity Management. In addition, the
Committee requires submission of an expenditure plan as well as
a multi-year investment and management plan.
Office of Health Affairs
The Committee includes language making funds available for
health affairs, biosurveillance, BioWatch, medical readiness
planning, and chemical response. The Committee also includes
language providing funds for official reception and
representation expenses.
Federal Emergency Management Agency
Salaries and Expenses
The Committee includes language that provides funds for
salaries and expenses. The Committee also includes a provision
providing funds for reception and representation expenses, a
provision limiting administrative costs for Urban Search and
Rescue Teams, and funding for Mount Weather, and a provision
that the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania be incorporated into the efforts
to integrate the activities within the National Capital Region.
State and Local Programs
The Committee includes language that provides funds for
grants, contracts, cooperative agreements, other activities,
including grants to State and local governments for terrorism
prevention. The Committee also includes a provision identifying
the amount of funds available for Operation Stonegarden and for
National Programs. The Committee includes language specifying
the conditions under which both applications and grants are
made to certain grants made in the Act. The Committee also
includes language specifying the conditions for distribution of
certain grants. The Committee includes a provision allowing for
a transfer to FEMA Salaries and Expenses. The Committee
includes a provision on training reimbursement for the Center
for Domestic Preparedness
Firefighter Assistance Grants
The Committee includes language that not to exceed 4.7
percent of the total is available for program administration
and requires an expenditure plan for program administration.
Emergency Management Performance Grants
The Committee includes language providing that 2.7 percent
of the total appropriation is available for program
administration.
Radiological Emergency Preparedness Program
The Committee includes a provision regarding charges
assessed for the radiological emergency preparedness program,
including conditions and methodology for the assessment and
collection of fees.
United States Fire Administration
The Committee includes language that provides funds for
expenses of the U.S. Fire Administration.
Disaster Relief
The Committee includes language making funds available
until expended and requires a variety of reporting
requirements.
Disaster Assistance Direct Loan Program Account
The Committee includes a provision limiting gross
obligations for direct loans.
Flood Hazard Mapping and Risk Analysis
The Committee includes language making funds available for
flood hazard mapping, including administrative costs.
National Flood Insurance Fund
The Committee includes language limiting funds available
for salaries and expenses and language making funds available
for flood hazard mitigation floodplain management available
until September 30, 2014. The Committee includes provisions
limiting operating expenses; for interest on Treasury
borrowings; for agents' commissions and taxes; for fees
collected and available for floodplain management; and for
flood mitigation activities associated with sections of the
National Flood Insurance Act of 1968. The Committee includes
language permitting additional fees collected be credited as an
offsetting collection and available for floodplain management,
The Committee includes language providing that not to exceed
four percent of the total appropriation is available for
administrative costs.
National Predisaster Mitigation Fund
The Committee includes language authorizing grant awards to
be available until expended. The Committee includes a provision
limiting total administrative costs to three percent of the
total appropriation.
Emergency Food and Shelter
The Committee includes language making funds available
until expended and limiting total administrative costs to 3.5
percent of the total appropriation.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
The Committee includes language making funds available for
the E-Verify program, as well as permitting replacement of
vehicles.
Federal Law Enforcement Training Center
Salaries and Expenses
The Committee includes language making funds available for
official representation expenses; purchase of police type
pursuit vehicles; student athletic and related recreational
activities; conducting and participating in firearms matches;
public awareness and community support; room and board;
services authorized by 5 U.S.C. 3109; law enforcement
accreditation; reimbursements for certain mobile phone
expenses. The Committee includes language authorizing the
training of certain law enforcement personnel; authorizes the
use of appropriations and reimbursements for such training and
establishes a cap on total obligations. The Committee also
includes language authorizing funds for the compensation of
accreditation costs for participating agencies; and on the
scheduling of basic or advanced law enforcement training.
Acquisition, Construction, Improvements, and Related Expenses
The Committee includes language making funds available for
real property and facilities and authorizes reimbursement from
government agencies requesting construction of special use
facilities.
Science and Technology
Management and Administration
The Committee includes language providing funds for
management and administration as well as official reception and
representation expenses.
Research, Development, Acquisition, and Operations
The Committee includes language making funds available for
research, development, test and evaluation; acquisition; and
operations.
Domestic Nuclear Detection Office
Management and Administration
The Committee includes language that provides funds for
management and administration. The Committee also includes a
provision providing funds for reception and representation
expenses, and requires a strategic investment plan for
implementation of Department of Homeland Security
responsibilities under the domestic component of the global
nuclear detection architecture.
Research, Development, Acquisition, and Operations
The Committee includes language making funds available for
nuclear detection research, development, testing and
evaluation.
Systems Acquisition
The Committee includes language making funds available for
the purchase and deployment of radiation detection equipment.
TITLE V--GENERAL PROVISIONS
Language limiting the availability of any appropriation for
obligation beyond the current year unless expressly provided.
Language permitting unexpended balances of prior
appropriations to be merged with new appropriation accounts and
used for the same purpose, subject to reprogramming guidelines.
Language providing reprogramming authority for funds within
an account and limiting the percent that can be transferred
between appropriations accounts with the requirement for a 15-
day advance Congressional notification. A detailed funding
table identifying each Congressional control level for
reprogramming purposes is included at the end of this Report.
These reprogramming guidelines shall be complied with by all
agencies funded by the Department of Homeland Security
Appropriations Act, 2013, for obligation and deobligation of
funds.
Language prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's fiscal year 2013 request. Funds provided to
the WCF are available until expended. The Department can only
charge components for direct usage of the WCF and these funds
may be used only for the purposes consistent with the
contributing component. Any funds paid in advance or reimbursed
must reflect the full cost of each service. The WCF shall be
subject to the requirements of section 503 of this Act.
Language providing that not to exceed 50 percent of
unobligated balances remaining at the end of fiscal year 2013
from appropriations made for salaries and expenses remain
available through fiscal year 2014 subject to reprogramming
guidelines.
Language providing that funds for intelligence activities
are deemed to be specifically authorized during fiscal year
2013 until the enactment of an Act authorizing intelligence
activities for fiscal year 2013.
Language requiring notification of the Committees on
Appropriations three days before grant allocations, grant
awards, contract awards, other transactional agreements, letter
of intents, or task or delivery order on a multiple contract
award totaling $1,000,000 or more, or a task order greater than
$10,000,000 from multi-year funds, is announced by the
Department, including contracts covered by the Federal
Acquisition Regulation or sole source grant award. The
Department is required to brief the Committees on
Appropriations five full day business days prior to announcing
the intention to make a grant under State and Local Programs.
Language prohibiting any agency from purchasing,
constructing, or leasing additional facilities for Federal law
enforcement training without advance approval of the Committees
on Appropriations.
Language prohibiting funds to be used for any construction,
repair, alteration, and acquisition project for which a
prospectus, if required under chapter 33 of title 40, United
States Code, has not been approved.
Language consolidating, by reference, prior year statutory
bill language into one provision. These provisions relate to
contracting officer's technical representative training;
sensitive security information; and the use of funds in
conformance with Section 303 of the Energy Policy Act of 1992.
The language eliminates statutory reporting requirements for
SSI.
Language prohibiting funds being used in contravention of
the Buy American Act.
Language on reporting requirements for the DHS Privacy
Officer.
Language maintaining the use of the oath of allegiance
required by Section 337 of the Immigration and Nationality Act.
Language requiring the Chief Financial Officer to submit
monthly budget execution and staffing reports within 45 days
after the close of each month.
Language directing that any funds appropriated or
transferred to TSA ``Aviation Security'', ``Administration'',
and ``Transportation Security Support'' in fiscal years 2004
and 2005, which are recovered or deobligated, shall be
available only for procurement and installation of explosive
detection systems for air cargo, baggage, and checkpoint
screening systems. The Committee also requires quarterly
reports on recovered or deobligated funds.
Language requiring any funds appropriated to the Coast
Guard's 110-123 foot patrol boat conversion that are recovered,
collected, or otherwise received as a result of negotiation,
mediation, or litigation, be available until expended for the
Fast Response Cutter program.
Language relating to undercover investigative operations
authority of the Secret Service for fiscal year 2013.
Language classifying the functions of the instructor staff
at FLETC as inherently governmental for purposes of the Federal
Activities Inventory Reform Act.
Language prohibiting the obligation of funds 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,
and this provision does not require new competitions of
existing contracts during their current terms. The bill also
requires the Inspector General to review Departmental contracts
awarded noncompetitively and report on the results to the
Committees.
Language prohibiting funding for any position designated as
a Principal Federal Official during a Stafford Act declared
disaster or emergency.
Language precluding DHS from using funds in this Act to
carry out reorganization authority.
Language prohibiting funding to grant an immigration
benefit to any individual unless the results of background
checks required in statute be completed prior to the grant of
the benefit have been received by DHS.
Language relating to the use of transactional authority by
DHS through fiscal year 2013.
Language requiring the Secretary to link all contracts that
provide award fees to successful acquisition outcomes.
Language prohibiting the obligation of funds for the Office
of Secretary and Executive Management for any new hires at DHS
if they are not verified through E-Verify.
Language regarding prescription drugs.
Language requiring the Secretary, in conjunction with the
Secretary of Treasury, to notify the Committees of any proposed
transfers from the Department of Treasury Forfeiture Fund to
any agency within DHS. No funds may be obligated until the
Subcommittees approve the proposed transfers.
Language prohibiting funds for the planning, testing,
piloting, or developing a national identification card.
Language requiring the Administrator of TSA to certify that
no security risks will result if an airport does not
participate in the E-Verify program.
Language relating to the liquidation of Plum Island assets
and how the proceeds from this sale may be applied to
construction costs of the new National Bio and Agro-defense
Facility.
Language directing that any official required by this Act
to report or certify to the Committees on Appropriations may
not delegate any authority unless expressly authorized to do so
in this Act.
Language extending the date of the chemical security
program.
Language prohibiting the use of funds for the transfer or
release of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Language prohibiting funds in this Act to be used for
first-class travel.
Language prohibiting funds in this Act to be used for
adverse personnel actions for employees who use protective
equipment or measures, including surgical masks, N95
respirators, gloves, or hand-sanitizers in the conduct of their
official duties.
Language prohibiting funds to be used to employ illegal
workers as described in Section 274A(h)(3) of the Immigration
and Nationality Act.
Language on the proper disposal of personal information
collected through the Registered Traveler program. A report on
procedures and status is required to be submitted 30 days after
the date of enactment of this Act.
Language prohibiting funds appropriated or otherwise made
available by this Act to pay for award or incentive fees for
contractors with below satisfactory performance or performance
that fails to meet the basic requirements of the contract.
Language requiring the Administrator of TSA to submit
quarterly reports on how the agency will meet the requirement
to screen 100 percent of air cargo transportation on passenger
aircraft arriving in the United States.
Language requiring any new processes developed to screen
aviation passengers and crews for transportation or national
security to consider privacy and civil liberties, consistent
with applicable laws, regulations, and guidance.
Language making immigration examination fee collections
explicitly available for immigrant integration grants, not to
exceed $9,200,000, in fiscal year 2013.
Language prohibiting funds appropriated or otherwise made
available by this Act from being used to enter into Federal
contracts unless in accordance with the Federal Property and
Administrative Services Act or the Federal Acquisition
Regulation, unless otherwise authorized by statute.
Language permitting the Secretary to dispose of Service
Processing Centers or other ICE-owned detention facilities by
directing GSA to sell all real and related property subject to
such terms and conditions as necessary to protect Government
interests and meet program requirements, provided that the
proceeds of the sale shall be deposited as offsetting
collections and shall be available and subject to
appropriation.
Language prohibiting funds appropriated or otherwise made
available by this Act from being provided to the Association of
Community Organizations for Reform Now (ACORN).
Language directing the DHS CIO, CBP, and ICE to submit to
the Committees at the time of the budget proposal for fiscal
year 2014, updated multi-year investment and management plans.
Language requiring the Secretary to enforce existing
immigration laws.
Language requiring the Secretary to ensure that the fees
collected as described in the United States-Columbia Free Trade
Promotion Agreement Act of 2011 be available to CBP in fiscal
year 2014 and subsequent fiscal years.
Language extending the authorization of E-Verify through
the end of fiscal year 2013.
Language restricting travel aboard Coast Guard owned or
operated fixed-wing aircraft after the date of submission of
the President's budget request for fiscal year 2014 if the
Secretary has not provided the Committee with the required
Comprehensive Acquisition Strategy Report and the Commandant
has not provided the required Capital Investment Plan; provided
certain exceptions may be made for national emergencies.
Language regarding the Coast Guard acquisition processes
and definitions, and directing the Coast Guard to follow
specific guidelines when submitting costs related to the
construction or conversion of a cutter.
Language directing the President, through FEMA, to
establish new procedures to administer assistance for debris
and wreckage removal provided under certain sections of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act.
Language regarding the allotment and use of funds for DHS--
NPPD Infrastructure Protection and Information Security, and
requiring quarterly reports from the Undersecretary of NPPD on
the obligation and expenditure of funds made available under
this section.
Language prohibiting funds made available in this Act from
being used to establish or maintain computer networks unless
such networks block pornography.
Language regarding the transfer of firearms by Federal law
enforcement personnel.
Language directing OMB to instruct any department, agency,
or instrument of the Government receiving funds appropriated in
this Act, to track undisbursed balances in expired grant
accounts and include in its annual performance plan, and
performance and accountability reports, additional details, as
outlined.
Language including a new provision regarding funding
restrictions and reporting requirements regarding conferences
occurring outside of the United States.
Language regarding funding restrictions and reporting
requirements for conferences, ceremonies, commissionings, and
de-commissionings for which the cost to the Government was more
than $20,000.
Language prohibiting funds made available by this act from
being used to enter into a contract or agreement with, or
provide a loan or loan guarantee to, any corporation that was
convicted of a felony criminal violation within the last 24
months.
Language prohibiting funds made from being used to enter
into a contract or agreement with any corporation that has any
unpaid Federal tax liabilities.
Language rescinding unobligated balances from FEMA's
Predisaster Mitigation Fund.
Language rescinding unobligated balances from Coast Guard--
Acquisition, Construction, and Improvements and CBP--Border
Security Fencing, Infrastructure, and Technology.
Language permanently rescinding funds from the Department
of Treasury Forfeiture Fund.
Language rescinding unobligated balances made available to
the Department when it was created in 2003.
Language prohibiting new budget authority from exceeding
the budget allocation in fiscal year 2013.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the House of
Representatives, the following table lists the appropriations
in the accompanying bill that are not authorized by law:
FY 2013 SCHEDULE OF UNAUTHORIZED APPROPRIATIONS
[Dollars in thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Last year of Appropriation in last Appropriations in this
Agency/program authorization Authorized level year of authorization bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Customs and Border Protection, Salaries and Expenses 2004 \1\$3,083,259 \2\ $4,396,350 $8,366,024
Customs and Border Protection, Automation N/A N/A N/A $700,242
Modernization......................................
Customs and Border Protection, Border Security, N/A N/A N/A $327,099
Fencing, Infrastructure and Technology, Tactical
Communications\3\..................................
Customs and Border Protection, Air and Marine N/A N/A N/A $518,469
Interdiction, Operations, Maintenance, and
Procurement........................................
Customs and Border Protection, Construction and N/A N/A N/A $252,567
Facilities Management..............................
Immigration and Customs Enforcement, Salaries and \4\2003/\6\2004 \4\N/A/$1,399,592.43 \5\$3,032,094; \7\N/A $5,236,331
Expenses...........................................
Immigration and Customs Enforcement, Automation \4\2003 N/A $380,000 $232,006
Modernization......................................
Immigration and Customs Enforcement, Construction... \4\2003 N/A \4\$258,637 $5,450
Transportation Security Administration, Aviation 2011 N/A $5,219,546 $5,041,230
Security...........................................
Transportation Security Administration, Surface 2011 N/A $105,961 $126,418
Transportation Security............................
Transportation Security Administration, 2005 Such sums $54,919 $192,424
Transportation Threat Assessment and Credentialing.
Transportation Security Administration, N/A N/A N/A $928,663
Transportation Security Support....................
Transportation Security Administration, Federal Air 2011 Such sums $929,802 $879,600
Marshall Service...................................
United States Coast Guard, Operating Expenses....... 2011 $6,970,681 \10\$6,907,388 $6,759,627
United States Coast Guard, Environmental Compliance 2011 $13,329 $13,198 $12,151
and Restoration....................................
United States Coast Guard, Reserve Training......... 2011 $135,675 $133,632 $115,528
United States Coast Guard, Acquisition Construction, 2011 $1,640,000 $1,519,783 $1,428,593
and Improvements...................................
United States Coast Guard, Research Development Test 2011 $28,034 $24,745 $19,690
and Evaluation.....................................
United States Coast Guard, Retired Pay.............. 2011 $1,400,700 $1,400,700 $1,423,000
United States Secret Service, Salaries and 2010 N/A N/A $1,556,055
Expenses\8\........................................
United States Secret Service, Acquisition, N/A N/A N/A $56,750
Construction, Improvements and Related Expenses....
Office of Health Affairs\9\......................... N/A N/A N/A $132,003
FEMA Management and Administration: Urban Search and 2008 $45,000 $32,500 $27,513
Rescue Response System.............................
FEMA, State and Local Programs: Operation N/A N/A N/A $55,000,000
Stonegarden........................................
FEMA, State and Local Programs: Citizen Corps N/A N/A N/A N/A
Program............................................
FEMA, State and Local Programs: Metropolitan Medical 2008 $63,885 $41,000 N/A
Response System....................................
FEMA, State and Local Programs: Driver's License 2009 Such sums $50,000 N/A
Security Program...................................
FEMA, State and Local Programs: Buffer Zone N/A N/A N/A N/A
Protection Program Grants..........................
Assistance for Firefighters grants (equipment)...... 2009 $1,000,000 $565,000 $335,000
Assistance for Firefighters grants.................. 2010 $1,194,000 $420,000 $335,000
FEMA, State and Local Programs: Public 2011 $1,100,000 $300,000 N/A
Transportation Security Assistance.................
FEMA, State and Local Programs: Over-the-Road Bus 2011 $25,000 N/A N/A
Security Assistance................................
FEMA, State and Local Programs: Port Security Grants 2011 $400,000 $300,000 N/A
FEMA, Flood Map Modernization Fund (Flood Hazard 2011 N/A $182,000 $89,329
Mapping and Risk Analysis).........................
FEMA, National Predisaster Mitigation Fund.......... 2011 $180,000 $50,000 $10,000
FEMA, Emergency Food and Shelter.................... 1994 $187,560 $130,000 $120,000
United States Citizenship and Immigration Services.. 2002 $631,745 $707,392 $111,924
Federal Law Enforcement Training Center, Salaries & N/A N/A N/A $228,467
Expenses...........................................
Federal Law Enforcement Training Center, Acquisition N/A N/A N/A $27,385
Construction and Improvements Related Expenses.....
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\For FY 2004, P.L. 107-210, section 311(b)(1) authorized $1,683,667,050 for Commercial Activities and section 311(a)(2) authorized $1,399,592,400 for
non-Commercial Activities; in FY 2002 ``Such Sums'' were authorized for Agriculture, Plant and Health Inspection Service, which received $730,710,000
in appropriations; and in FY 2003 $2,739,695,000 was authorized for Immigration and Naturalization Service--inspection, investigations, Border Patrol,
detention and deportation only, and $3,195,094 was appropriated as follows: $2,862,094,000 for FY 2003 INS Salaries and Expenses appropriation, and
$333,000,000 for FY 2003 Wartime Supplemental Appropriations Act, P.L. 108-11. P.L. 109-347, for FY 2010: section 203(g)(3) $37,485,000 for
``Automated Targeting System'', and section 205(m) (3) $153,300,000 for the Container Security Initiative. P.L. 109-347, for FY 2011, section
223(b)(5) $20,000,000 for Customs-Trade Partnership Against Terrorism; and 19 U.S.C. 2075, as amended, section 301(h)(3)(D) for up to 1000 additional
Customs and Border Protection Officers, $165,000,000.
\2\Total for Salaries and Expenses, including for unauthorized activities such as immigration inspection and enforcement, Border Patrol, air and marine
enforcement operations, and agriculture inspections.
\3\CBP/BSFIT only authorized for ``improvement of barriers at the border.''
\4\Immigration and Naturalization Service--inspection, investigations, Border Patrol, detention and deportation only (8 U.S.C. 1101, note; Immigration
and Nationality Act, section 404(a)).
\5\Includes $2,862,094,000 from the FY 2003 INS Salaries and Expenses appropriations, and $170,000,000 included in the FY 2003 Wartime Supplemental
Appropriations Act, P.L. 108-11.
\6\Customs Service, including the investigations function (19 U.S.C. 2075(b)(1)).
\7\No 2004 appropriation for the U.S. Customs Service.
\8\2010 law authorizes appropriations for Uniformed Division.
\9\The Chief Medical Officer is authorized in P.L. 109-295 and the National Biosurveillance Integration Center is authorized in P.L. 110-053, Section
1101.
\10\Includes $254,000,000 appropriated for OCO directly to DHS/CG.
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget Act
requires the report accompanying a bill providing new budget
authority to contain a statement comparing the levels in the
bill to the suballocations submitted under section 302(b) of
the Act for the most recently agreed to concurrent resolution
on the budget for the applicable fiscal year. That information
is provided in the table headed ``Comparison of Reported Bill
to Section 302(b) Suballocation.''
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) allocation This bill
---------------------------------------------------
Budget Budget
authority Outlays authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees: Subcommittee on Homeland Security
General Purpose Discretionary........................... 44,598 45,194 44,598 \1\45,194
Mandatory............................................... 1,423 1,431 1,423 1,431
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
FIVE YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains five-year projections
associated with the budget authority provided in the
accompanying bill:
[In millions of dollars]
Projection of outlays associated with the recommendation:
2013...................................................... \2\26,230
2014...................................................... 8,988
2015...................................................... 5,601
2016...................................................... 2,715
2017 and future years..................................... 2,169
\2\Excludes outlays from prior-year budget authority.
---------------------------------------------------------------------------
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to state and local
governments is as follows:
------------------------------------------------------------------------
Millions
------------------------------------------------------------------------
Budget Authority........................................... 5,449
Outlays.................................................... \2\343
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.
CONSTITUTIONAL AUTHORITY
Pursuant to section 6(e) of the rules of the Committee on
Appropriations, the following statement is submitted regarding
the specific powers granted to Congress in the Constitution to
enact the accompanying bill.
The principal constitutional authority for this
legislation is clause 7 of section 9 of article I of
the Constitution of the United States (the
appropriation power), which states: ``No Money shall be
drawn from the Treasury, but in Consequence of
Appropriations made by Law . . .'' In addition, clause
1 of section 8 of article I of the Constitution (the
spending power) provides: ``The Congress shall have the
Power . . . to pay the Debts and provide for the common
Defence and general welfare of the United States . .
.'' Together, these specific constitutional provisions
establish the congressional power of the purse,
granting Congress the authority to appropriate funds,
to determine their purpose, amount, and period of
availability and to set forth terms and conditions
governing their use.
DETAILED EXPLANATIONS IN REPORT
The following table contains detailed funding
recommendations at the program, project, and activity (PPA)
level.
MINORITY VIEWS
This bill largely continues the Subcommittee's bipartisan
tradition of cooperation and we sincerely appreciate the open
and collaborative process undertaken by the majority,
culminating with the fiscal year 2013 Department of Homeland
Security Appropriations bill. We are supportive of the funding
levels provided in the bill, with certain exceptions; we object
however, to a number of unnecessary policy provisions.
The bill provides adequate funding for the front line
employees of the Department of Homeland Security, so that they
can continue to conduct critical operations along our borders,
protect our nation's airports and seaports, and respond to the
spate of natural disasters our country experiences. The bill
substantially increases funding for critical grant programs
while rejecting the Administration's poorly articulated changes
to the grant structure---changes that have not been authorized.
Specifically, we are pleased that funding for FEMA State and
Local grants was increased by $413 million over fiscal year
2012, and that both fire grants and emergency performance
grants are funded at the requested levels. Equally important,
the bill provides ample funding for research and development
efforts in the Department, most notably at the Science and
Technology Directorate, allowing work on all high priority
research efforts to continue as well as new projects to begin.
The bill also increases funding for critical Coast Guard, as
well as Air and Marine, acquisitions, to recapitalize aging
assets while bringing the latest aviation and vessel
technologies on line to ensure these personnel can operate more
effectively. The bill keeps intact the agreement Congress
enacted last year as part of the Budget Control Act but only as
it relates to disaster spending. And finally the bill includes
a substantial increase for cyber security protective efforts to
continuously monitor and detect intrusions to our Federal
networks from foreign espionage and cyber attacks.
Concerns With the Bill: Overall Funding Level
We are disappointed that House Republicans unilaterally
walked away from the bipartisan agreement to establish $1.047
trillion as the Committee's overall allocation. A majority of
their conference voted for the Budget Control Act agreement
less than nine months ago. By reneging on the agreement, and
disregarding the law, the Committee has been forced to absorb
$19 billion in reductions below the Budget Control Act levels,
mainly to finance tax reductions for the wealthiest Americans.
This puts House Republicans at odds with House Democrats,
Senate Democrats, Senate Republicans, and the White House.
Senate Minority Leader McConnell recently voted for allocations
at $1.047 trillion, and Ranking Member Cochran stated that it
is appropriate ``for the Committee to proceed on the basis of
the discretionary caps enacted into law.'' House Republicans
have thus introduced uncertainty about the overall
discretionary allocation and raised questions about the intent
of the House majority to keep the government running. This
uncertainty will slow down the appropriations process, and the
austere House allocation, if it stands, could stall economic
growth and impede job creation.
Burdensome Immigration Provisions
While we appreciate the willingness of the Chairman to
continue statutory language on the deportation of criminal
aliens, continued oversight of 287(g) agreements, and funding
increases for the Alternatives to Detention program, we have
serious reservations about expanded immigration provisions
included in this bill, which constitute an unwise use of
taxpayer resources.
We strongly oppose inclusion of statutory language
mandating that Immigration and Customs Enforcement (ICE)
maintain a level of not less than 34,000 detention beds through
September 30, 2013, which is 1,200 more beds than the budget
request. This language may compromise ICE's ability to satisfy
its stated enforcement priorities and accomplish detention
reform. As ICE Assistant Secretary John Morton has stated, not
only does this language mandate that he maintain 34,000
detention beds, but that he fill those beds with detainees on a
daily basis.
While we have no problem funding the capacity for 32,800
beds, as requested, the use of those beds should be determined
by the enforcement actions and judgment of ICE on whether
detention is required for particular detainees based upon
flight risk and danger posed to the public. Mandating
government spending on a pre-set number of detention spaces is
contrary to the government's priorities to reform the detention
system and target its use for only those individuals who
require it. Further, in an environment of fiscal restraint,
telling a federal agency that they're not permitted to spend
less than a certain amount limits the ability of ICE to achieve
its objectives with a savings to the taxpayer. For example,
this bill could provide ICE the flexibility, as requested, to
transfer funds between immigration detention and the
Alternatives to Detention program, commensurate with the level
of risk a detainee present, yet it does not. This flexibility
could result in significant daily cost savings. Furthermore, we
are unaware of any other law enforcement agency with a
statutory requirement to detain no less than a certain number
of individuals on a daily basis.
In addition to a set figure for detention beds, the bill
includes new statutory spending floors for both worksite
enforcement and the 287(g) program. In regards to worksite
enforcement, the bill has never included a statutory minimum
funding level. Similar to our concern about detention beds, we
should not be telling a federal agency that they are not able
to spend less than $134.6 million on worksite enforcement
efforts. This language reduces Assistant Secretary Morton's
flexibility to respond to current immigration concerns or
changing conditions.
The bill raises the minimum amount ICE must spend on the
287(g) program from $5.4 million to $68.3 million. We are
concerned about a twelve-fold increase to the statutory minimum
for a program that nine years after it was first initiated has
had repeated documentation of abuses and poor management. Three
audits by the DHS Inspector General have found serious concerns
about the 287(g) program, and ICE has had to terminate some
287(g) Taskforces, notably in Maricopa County, Arizona, after
the Justice Department clearly documented racial profiling and
other programmatic abuses. The Administration's FY 2013 budget
sought to reduce funding for the 287(g) program by $17 million,
and ICE has notified communities that they will no longer
consider any 287(g) taskforce model requests from states and
local jurisdictions. Instead these funds were to be devoted to
the expansion of other ICE programs and the continued
deployment of Secure Communities, a program to check
immigration status that is more cost-effective than 287(g) and
that distinguishes federal and local authority more precisely.
Yet, the bill both rejects the requested decrease and raises
the statutory floor that must be spent on this flawed program,
reducing the Administration's ability to fund more effective
immigration initiatives. As the Secure Communities program
reaches nationwide operability in FY 2013, the 287(g) program
should be reduced, not continued at this arbitrarily high
level.
Reductions to Facilities Construction and Information Technology
Recognizing that the majority had to make cuts to meet the
Ryan budget figures, it is nonetheless disappointing that the
bill fails to provide funding for construction activities at
the new DHS headquarters and to consolidate data center
activities. Both of these decisions are penny-wise and pound
foolish.
Specifically, the bill does not fund the request of $64.8
million in fiscal year 2013 that would have permitted DHS to
migrate component resources to two consolidated data centers, a
project that is already under way and will reduce the risk of
locating all of the Department's data at one facility or at
aging, non-DHS facilities that are already overloaded. The bill
also fails to provide the $89 million for site access,
including necessary road and interchange improvements, for DHS
personnel to access the new DHS headquarters. The new DHS
headquarters project has been short-changed over the past few
years, causing repeated schedule delays and increasing the
costs from $3.4 billion to just over $4 billion if all three
phases are constructed. In the interim, the Coast Guard may be
the only tenant at this new facility for the next 3-5 years, as
the bill funds only this relocation in 2013. The bill does not
include any funding for Phase 2, which was to begin
construction for DHS central headquarters and FEMA. We would
hope to increase this level of funding as the bill progresses
towards enactment because, in the long run, this would save
taxpayer funds and improve agency performance.
At the same time that this bill eliminates funding for
vital initiatives, it includes $75 million that was not
requested for the National Bio and Agro-defense Facility in
Manhattan, Kansas. While we have supported the construction of
this facility, our support has been contingent upon completion
of a site security risk assessment to ensure that this facility
does not release harmful pathogens, such as the foot-and-mouth
virus, into America's heartland. The first review indicated a
70 percent risk over a 50 year period. Earlier this year, the
Department indicated this risk has been greatly mitigated with
additional design features. However, the National Academy of
Science is reviewing the revised site security risk assessment
now, and until the results are published we believe it is
premature to appropriate additional funds for NBAF
construction. This is especially true when funding from fiscal
years 2011 and 2012 remains unobligated. DHS tells us that
these previous appropriations will support all construction
activities through fiscal year 2013. We believe the $75 million
included in this bill should be reallocated to critical
research projects within the Science and Technology Directorate
or to other critical construction activities, such as the new
DHS headquarters, instead of being provided to NBAF.
Overly Burdensome Oversight Provisions Impact People's Ability To Do
Their Jobs
While we are pleased by the bill's commitment to
oversight--a theme this Subcommittee has held constant since
the Department was formed in 2003--we are concerned that the
bill applies overly punitive withholdings and burdensome
restrictions on the Secretary, Under Secretary for Management,
Chief Financial Officer, Commandant and Vice Commandant of the
Coast Guard, and the Customs and Border Protection.
It is interesting to recall that when the Democrats were in
the majority, additional views submitted by the Full Committee
and Subcommittee Chairmen on our bills noted vehement
opposition to withholdings of funds and additional restrictions
because it delayed essential security resources. Yet, three
years later, this bill withholds 60 percent of all funding
appropriated for the Secretary, Under Secretary, and CFO
offices until receipt of all statutorily reports and plans
required at the time the budget is submitted; 10 percent (or
$836.6 million) from CBP Salaries and Expenses; and 37 percent
(or $75 million) from Coast Guard Headquarters due to failures
to submit statutorily required plans. While we agree that the
Department has been unacceptably delinquent in providing
statutorily required reports that are critical to our decision
making, the withholdings in the bill are particularly excessive
this year.
These withholdings enter the realm of parody with the
addition of a new General Provision that prohibits the
Secretary, Deputy Secretary, Commandant or Vice Commandant of
the Coast Guard to use their aircraft, except in limited
emergency situations, until receipt of the comprehensive
acquisition review plan and the Coast Guard's Capital
Investment Plan. We were disappointed that an amendment we
offered striking these excessive and redundant restrictions on
the use of Coast Guard aircraft was not accepted in Full
Committee.
Both of these provisions are extreme, and the withholdings
will compromise the ability of DHS leaders to do their jobs. We
will continue to voice our concerns about these issues and
attempt to work with the Majority in an effort to further
improve the bill as it moves toward enactment.
Abortion Amendment Adopted in Full Committee
Over Democratic objections, the Full Committee adopted
three General Provisions on abortion. These amendments: (1)
prohibit federal funds to be used to pay for abortions except
which the life of the mother would be endangered or in the case
of rape; (2) prohibit funds for a person to perform or
facilitate the performance of an abortion; and (3) permit
Immigration and Customs Enforcement to provide escort services
for a female detainee to receive abortion services outside the
detention facility (if she pays), with an exception for
philosophical beliefs. While these provisions have been in the
Commerce, State, Justice Appropriations bill intermittently
since at least 1987, they have NEVER been carried on the DHS
appropriations bill. And the provisions offered did not even
include an exception for incest, which we modified by
amendment.
However, even with the additional exception for incest,
there is no reason that this language should be on the
Department of Homeland Security bill, other than for political
gamesmanship. This Department was formed in 2003. Since that
time, neither the first nor the second Chairman of the
Subcommittee felt the need to add these three abortion
amendments to the bill, because they are unnecessary. ICE
already follows the procedures laid out for the Bureau of
Prisons, prohibiting the use of federal funds to provide
abortions. In fact, ICE has not paid for an abortion procedure
throughout the entire course of the Obama Administration, and
any services provided by ICE in the last decade have been
solely for post-miscarriage care.
Numerous restrictions in law have already conditioned and
qualified reproductive choice in practice. Among those are
prohibitions on the use of federal funds for abortion
procedures in President Obama's Executive Order 13535, issued
on March 24, 2010, which we believe specifically applies to ICE
and the Department of Homeland Security.
Having met with numerous ICE agents and the Director, not
once has anyone mentioned to this Committee that women's
reproductive health makes their job more difficult. The focus
of this bill should be equipping our Homeland Security
professionals with the tools they need to keep us safe.
Weighing down this bill with divisive, ideological riders is a
disservice to our entire first responder community.
It is a shame that we have had to cast aside the bipartisan
and cooperative effort we have shared in crafting this bill for
a politically charged amendment that accomplishes nothing and
makes no change whatsoever in current law or procedures. We
will continue to oppose these redundant, unnecessary, and
provocative provisions.
Norman D. Dicks.
David E. Price.