[Senate Report 112-169]
[From the U.S. Government Publishing Office]
Calendar No. 409
112th Congress Report
SENATE
2d Session 112-169
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2013
_______
May 22, 2012.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 3216]
The Committee on Appropriations reports the bill (S. 3216)
making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2013, and for other
purposes, reports favorably thereon and recommends that the
bill do pass.
Total obligational authority, fiscal year 2013
Total of bill as reported to the Senate\1\ \2\ \3\ \7\.. $46,671,548,000
Amount of 2012 appropriations\4\ \6\.................... 47,698,385,000
Amount of 2013 budget estimate\1\ \2\ \5\ \7\........... 46,413,991,000
Bill as recommended to Senate compared to--
2012 appropriations................................. -1,026,837,000
2013 budget estimate................................ +257,557,000
\1\Committee recommendation includes $191,798,000 in rescissions,
compared to $25,000,000 of proposed cancellations.
\2\Includes a permanent indefinite appropriation of $203,000,000 for the
Coast Guard healthcare fund contribution.
\3\Includes $254,000,000 for the Coast Guard for the costs of overseas
contingency operations.
\4\Includes rescissions totaling $204,192,000 pursuant to Public Law
112-74. Includes permanent indefinite appropriation of $261,871,000 for
the Coast Guard healthcare fund contribution. Includes $258,000,000 for
the Coast Guard for the costs of overseas contingency operations.
\5\Excludes up to $254,461,000 for Coast Guard overseas contingency
operations requested in Department of Defense ``Operation and
Maintenance, Navy''.
\6\Includes $6,400,000,000 for the FEMA Disaster Relief Fund designated
by Congress as disaster relief pursuant to Public Law 112-25.
\7\Includes $5,481,000,000 for the FEMA Disaster Relief Fund designated
by Congress as disaster relief pursuant to Public Law 112-25.
CONTENTS
----------
Page
Overview and Summary of the Bill................................. 5
Title I:
Departmental Management and Operations:
Office of the Secretary and Executive Management......... 12
Office of the Under Secretary for Management............. 17
Office of the Chief Financial Officer.................... 21
Office of the Chief Information Officer.................. 24
Analysis and Operations.................................. 26
Office of Inspector General.............................. 26
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Salaries and Expenses................................ 29
Automation Modernization............................. 39
Border Security Fencing, Infrastructure, and
Technology......................................... 40
Air and Marine Interdiction, Operations, Maintenance,
and Procurement.................................... 42
Construction and Facilities Management............... 44
United States Visitor and Immigrant Status Indicator
Technology......................................... 46
U.S. Immigration and Customs Enforcement:
Salaries and Expenses................................ 49
Automation Modernization............................. 56
Construction......................................... 57
Transportation Security Administration:
Aviation Security.................................... 58
Surface Transportation Security...................... 69
Transportation Threat Assessment and Credentialing... 70
Transportation Security Support...................... 72
Federal Air Marshals................................. 73
United States Coast Guard:
Operating Expenses................................... 75
Environmental Compliance and Restoration............. 81
Reserve Training..................................... 82
Acquisition, Construction, and Improvements.......... 82
Research, Development, Test, and Evaluation.......... 90
Retired Pay.......................................... 91
United States Secret Service:
Salaries and Expenses................................ 91
Acquisition, Construction, Improvements, and Related
Expenses........................................... 94
Title III:
Protection, Preparedness, Response, and Recovery:
National Protection and Programs Directorate:
Management and Administration........................ 95
Infrastructure Protection and Information Security... 96
Federal Protective Service........................... 101
Office of Health Affairs................................. 102
Federal Emergency Management Agency:
Salaries and Expenses................................ 106
State and Local Programs............................. 111
Firefighter Assistance Grants........................ 116
Emergency Management Performance Grants.............. 116
Radiological Emergency Preparedness Program.......... 117
United States Fire Administration.................... 117
Disaster Relief Fund................................. 118
Disaster Assistance Direct Loan Program Account...... 118
Flood Hazard Mapping and Risk Analysis............... 119
National Flood Insurance Fund........................ 120
National Predisaster Mitigation Fund................. 121
Emergency Food and Shelter........................... 121
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services....... 122
Federal Law Enforcement Training Center:
Salaries and Expenses................................ 124
Acquisitions, Construction, Improvements, and Related
Ex-
penses............................................. 125
Science and Technology:
Management and Administration........................ 126
Research, Development, Acquisition, and Operations... 126
Domestic Nuclear Detection Office:
Management and Administration........................ 131
Research, Development, and Operations................ 131
Systems Acquisition.................................. 133
Title V: General Provisions...................................... 135
Program, Project, and Activity................................... 143
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 144
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 144
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 145
Budgetary Impact of Bill......................................... 170
Comparative Statement of New Budget Authority.................... 171
OVERVIEW AND SUMMARY OF THE BILL
------------------------------------------------------------------------
Fiscal year 2013
Fiscal year 2013 Committee
request\1\ \2\ \4\ recommendation\1\
\5\ \2\ \3\ \5\
------------------------------------------------------------------------
Title I--Departmental $1,278,624,000 $1,101,627,000
Management and Operations....
Title II--Security, 32,182,492,000 32,651,205,000
Enforcement, and
Investigations...............
Title III--Protection, 11,392,128,000 11,451,520,000
Preparedness, Response, and
Recovery.....................
Title IV--Research and 1,560,747,000 1,534,697,000
Development, Training, and
Services.....................
Title V--General Provisions... ................... -67,501,000
-----------------------------------------
Total, new budget 46,413,991,000 46,671,548,000
(obligational
authority).............
------------------------------------------------------------------------
\1\Committee recommendation includes $191,798,000 in rescissions,
compared to $25,000,000 of proposed cancellations.
\2\Includes a permanent indefinite appropriation of $203,000,000 for the
Coast Guard healthcare fund contribution.
\3\Includes $254,000,000 for the Coast Guard for the costs of overseas
contingency operations.
\4\Excludes up to $254,461,000 for Coast Guard overseas contingency
operations requested in Department of Defense ``Operation and
Maintenance, Navy''.
\5\Includes $5,481,000,000 for the FEMA Disaster Relief Fund designated
by Congress as disaster relief pursuant to Public Law 112-25.
The Committee recommends total appropriations of
$46,671,548,000 for the Department of Homeland Security for
fiscal year 2013, $257,557,000 more than the budget request. Of
this amount, $45,248,548,000, including $254,000,000 for Coast
Guard overseas contingency operations and $5,481,000,000 for
the FEMA Disaster Relief Fund designated by Congress as
disaster relief pursuant to Public Law 112-25, is for
discretionary programs.
The Committee recommends discretionary appropriations,
excluding Coast Guard overseas contingency operations and the
FEMA Disaster Relief Fund adjustment, of $39,513,548,000,
$86,680,000 below fiscal year 2012 and $3,557,000 above the
President's request.
Overview
One year after the death of Osama bin Laden and 7 months
after the death of Anwar al-Awlaki, the Congress could decide
that it is time to reduce its commitment to securing the
homeland. That would be a mistake. Recent intelligence
highlights the significant and evolving threats to America's
homeland.
In recent remarks at the Woodrow Wilson International
Center for Scholars, the Assistant to the President for
Homeland Security and Counterterrorism concluded that, ``there
are still terrorists in hard-to-reach places who are actively
planning attacks against us. If given the chance, they will
gladly strike again and kill more of our citizens . . . And the
President has a Constitutional and solemn obligation to do
everything in his power to protect the safety and security of
the American people . . . As the al Qaeda core falters, it
continues to look to its affiliates and adherents to carry on
its murderous cause. Despite the great progress we've made
against al Qaeda, it would be a mistake to believe this threat
has passed. Al Qaeda and its associated forces still have the
intent to attack the United States. And we have seen lone
individuals, including American citizens--often inspired by al
Qaeda's murderous ideology--kill innocent Americans and seek to
do us harm.''
The threat of homegrown terrorism continues. The Fort Hood
shooting was committed by a United States citizen. The New York
City subway bomb plot was organized by a legal resident alien.
The Times Square bombing attempt was precipitated by a
naturalized citizen.
Threats from abroad continue to be a serious concern, as
evidenced by the 2009 Christmas Day bomb plot, the October 2010
air cargo bombing attempt, and efforts as recently as April
2012 by al Qaeda in the Arabian Peninsula to place nonmetallic
explosives on aircraft bound for the United States. We also
face persistent cybersecurity threats from individuals,
sophisticated criminal organizations, and nation states that
desire to do us harm.
In addition to these man-made threats, natural disasters
continue to have a significant impact in cities and rural
communities. The Department of Homeland Security must prepare
for and respond to such natural disasters. In 2011, the
President issued 99 disaster declarations in 48 States.
According to the Department of Commerce, the United States
suffered 14 disasters that cost over $1,000,000,000 each, the
most since it has been keeping records.
The Department of Homeland Security seeks to mature and
strengthen homeland security at all levels of government, the
private sector, and our citizenry. More than 10 years after the
attacks of 9/11, it is critical that the Nation develop and
maintain a constant, capable, and vigilant posture to protect
ourselves against existing and evolving threats. The Department
must also ensure that all levels of government and the private
sector effectively prepare for and respond to natural
disasters.
In addition, the Department must effectively carry out its
many legacy statutory responsibilities, including securing our
borders, enforcing our immigration laws, facilitating trade,
protecting our currency, securing cyber systems, combating drug
trafficking, securing the aviation sector and other modes of
transportation, and promoting the safety of life and property
at sea. As the economy improves, it is expected that there will
be increased demand for Department of Homeland Security
missions, particularly trade, border security, immigration
enforcement, maritime safety, and aviation security. We should
not allow long lines, or reduced law enforcement to deter such
growth. In carrying out such missions in fiscal year 2011, the
Department of Homeland Security:
COAST GUARD
--Responded to 20,510 search and rescue incidents, saving
3,804 lives and protecting $82,000,000 in property;
--Interdicted 2,474 undocumented migrants attempting to
illegally enter the United States;
--Removed 165,375 pounds of cocaine and 39,690 pounds of
marijuana bound for the United States; seized 40
vessels, and detained 191 suspected drug smugglers;
--Conducted 5,000 escorts of high-capacity passenger vessels,
naval vessels, and ships carrying dangerous cargoes;
--Conducted 37,000 waterborne patrols to protect Critical
Infrastructure and Key Resources;
--Performed over 6,500 inspections at facilities to ensure
compliance, identifying over 2,250 deficiencies of
safety, security, and environmental protection
regulations;
--Completed over 26,500 container inspections, identifying
more than 2,220 deficiencies; and
--Responded to and investigated approximately 3,000 pollution
incidents.
U.S. CUSTOMS AND BORDER PROTECTION [CBP]
--CBP officers at 329 ports of entry inspected 340 million
travelers and enrolled over 290,000 new travelers for a
total of 1,139,056 members in the agency's Trusted
Traveler Programs;
--Nationwide, Border Patrol apprehensions of illegal aliens,
a key indicator of illegal immigration, decreased from
nearly 724,000 in fiscal year 2008 to approximately
340,252 in fiscal year 2011, a 53-percent reduction and
one-fifth of what they were at their peak in 2000. This
indicates that, as a result of increased enforcement
and restrained economic conditions, fewer people are
attempting to illegally cross the border;
--CBP Agriculture Specialists seized more than 1.6 million
prohibited plant materials, meat, and animal byproducts
in fiscal year 2011, and intercepted nearly 183,000
pests at ports of entry;
--Seized over $126,000,000 in currency (inbound and outbound)
at and between U.S. ports of entry;
--Seized more than 5 million pounds of narcotics a 20-percent
increase from fiscal year 2010;
--Processed nearly $2,300,000,000,000 in trade--a 10-percent
increase over fiscal year 2010--and 23.5 million
containers through our Nation's ports of entry. In
fiscal year 2011, CBP officers conducted more than
24,800 seizures of violations of Intellectual Property
Rights, compared to nearly 20,000 in fiscal year 2010,
and prevented $178,000,000 in counterfeit goods from
entering the U.S. economy;
--At ports of entry, CBP officers arrested over 22,200 people
wanted for crimes, including murder, rape, assault, and
robbery. CBP officers also denied entry to more than
171,500 people attempting to enter the United States
through an air, land, or sea port of entry who were
found inadmissible for immigration, customs, health,
criminal, or national security reasons; and
--CBP officers processed more than 15 million travelers at 15
international pre-clearance locations.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT [ICE]
--Made over 48,000 arrests, 29,397 criminal arrests, and
18,785 administrative arrests;
--Removed approximately 396,906 individuals, the largest
number in history. Of these, 55 percent or 216,698 of
the people removed were convicted of felonies or
misdemeanors, which is an 89-percent increase in the
removal of criminals since fiscal year 2008. This
includes 1,119 aliens convicted of homicide; 5,848
aliens convicted of sexual offenses; 44,653 aliens
convicted of drug-related crimes; and 35,927 aliens
convicted of driving under the influence of alcohol or
drugs;
--Seized nearly 2.4 million pounds of narcotics and other
dangerous drugs;
--During fiscal year 2011, ICE seized a record 1,118 weapons
from gang members or gang associates, this reflects an
increase of more than 105 percent over fiscal year
2010;
--Processed more than 11,700 child exploitation investigative
leads, from both foreign and domestic sources. This
represents a 66-percent increase from fiscal year 2010
and a 129-percent increase from fiscal year 2009. In
addition, ICE achieved 1,414 criminal arrests and
initiated 3,147 criminal investigations. This
represents a 49-percent and 26-percent increase,
respectively, from fiscal year 2010; and
--Represented the U.S. Government in 735,998 hearings before
the Immigration Courts, resulting in 186,221 orders of
removal. Additionally, attorneys prosecuted 4,364
administrative removal cases for aliens convicted of
aggravated felonies.
UNITED STATES SECRET SERVICE
--Secret Service protective details and field agents ensured
100-percent incident-free protection for 5,616 domestic
travel stops and 399 international travel stops; of the
total domestic travel stops, foreign dignitary
protection represented 2,355 travel spots, including
visits by 216 heads of state and government, and 86
spouses, from 136 countries;
--Protected 129 heads of state and government and 55 spouses
at the 66th session of the United Nations General
Assembly in New York, New York;
--Screened more than 1.4 million members of the public at
Secret Service protective events;
--Screened 1.43 million mail items, including packages and
gifts, destined for the White House;
--Arrested 4,642 suspects for noncyber financial crimes
violations, 2,857 suspects for counterfeiting
violations, 187 suspects for mortgage fraud violation,
and 1,239 suspects for cyber crime related violations;
--Seized over $71,000,000 in counterfeit currency before it
could be introduced into circulation;
--Prevented $5,600,000,000 in potential losses through
financial crime investigations and $1,600,000,000
through cyber crime investigations; and
--Fingerprinted/photographed 6,155 children for ``Operation
Safe Kids,'' opened 201 investigative cases, and made
145 arrests providing forensic support for missing and
exploited children.
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES [USCIS]
--Naturalized more than 692,000 new citizens;
--Processed more than 17 million employment verification
queries through E-Verify;
--Naturalized more than 10,000 military servicemembers along
with their qualified family members;
--Interviewed nearly 80,000 refugee applicants; and
--Processed more than 34,000 asylum applications.
TRANSPORTATION SECURITY ADMINISTRATION [TSA]
--Screened more than 640 million people and more than 425
million checked bags;
--Prevented passengers from bringing more than 133,000
dangerous prohibited items onto planes;
--Through Secure Flight, prescreened 100 percent of the
nearly 14 million passengers flying weekly to, from,
and within the United States against Government
watchlists;
--Screened 308 million pounds of cargo with TSA proprietary
canine teams;
--Processed over 288,788 Transportation Worker Identification
Credential [TWIC] applicants; and
--Initiated Pre-Check, a risk-based security screening method
designed to make secure screening more efficient for
known travelers.
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
--Conducted 19 Cybersecurity Compliance Validations of
Federal Executive Branch departments and agencies;
--Processed more than 106,000 incident reports from Federal
departments and agencies and critical infrastructure
and international partners;
--Received and prioritized approximately 7,780 files for
malware analysis, resulting in the release of more than
5,200 actionable cybersecurity alerts and information
products;
--Provided technical assistance to all 56 States and U.S.
territories to align State and national communications
systems to support the implementation of Statewide
Communication Interoperability Plans for use during
disasters;
--Assessed more than 680 critical infrastructure sites and
conducted Regional Resiliency Assessments on clusters
of high-consequence critical infrastructure to
coordinate protection efforts in major metropolitan
areas;
--The Federal Protective Service responded to 53,000
incidents, made 1,975 arrests, and interdicted more
than 680,000 weapons/prohibited items during routine
checks at Federal facilities; and
--Investigated and mitigated more than 1,300 threats and
assaults directed toward Federal facilities and their
occupants.
OFFICE OF HEALTH AFFAIRS
--Collected over 200,000 samples in more than 30 U.S. cities
to enhance protection and preparedness for high
consequence biological threats;
--Conducted exercises in U.S. cities to test full-scale
response among multi-jurisdictions if notified of a
biological incident; and
--Delivered 200,000 courses of medical countermeasures to 127
field locations providing DHS personnel with immediate
access to life-saving medications to ensure frontline
operations can continue during a biological attack.
FEDERAL EMERGENCY MANAGEMENT AGENCY [FEMA]
--Supported disaster response and recovery for major
disasters, including 99 major declared disasters, 26
emergency declarations, and 112 fire management
assistance declarations;
--During Hurricane Irene in 2011, FEMA pre-positioned
communications equipment purchased after 2005 and local
officials consistently reported no unmet communications
requests during the response;
--Obligated $5,600,000,000 in disaster recovery assistance;
--Managed the national deployment program, which provided
systems and tracking support for disaster and emergency
declarations, processed 30,000 deployment requests, and
fielded 120,000 calls in support of deployment
activity;
--Trained more than 2.5 million homeland security and
emergency management officials and first responders,
including thousands of State, local, and tribal
responders;
--Conducted more than 200 Federal, State, and local
exercises, including more than 40 Executive Education
Seminars, to educate newly elected and appointed
officials on homeland security and emergency management
issues;
--Provided 100 technical assistance deliveries for fusion
centers, planning, and critical infrastructure/key
resources; and
--Due to investments made after the Post-Katrina Emergency
Management Reform Act, FEMA catastrophic planning is
more integrated, shelter facility data is better
managed, and the disaster acquisition process is
proactive, not reactive.
OFFICE OF THE INSPECTOR GENERAL [OIG]
--The OIG issued 118 management and 61 financial assistance
grant reports in fiscal year 2011, identifying
$963,000,000 of questioned costs and recovering
$35,200,000 from cost disallowances in prior audit
reports and investigations, and identified $27,700,000
in funds put to better use;
--Investigations resulted in 402 arrests, 283 indictments,
and 358 convictions. In addition, the Office of
Investigations closed 953 investigations and 15,102
complaints, initiated 1,353 new investigations, and
issued 863 Reports of Investigation; and
--Investigative recoveries, fines, restitutions, and cost
savings totaled $28,500,000.
FEDERAL LAW ENFORCEMENT TRAINING CENTER [FLETC]
--Effectively trained 70,542 law enforcement agents, an
increase of 7.3 percent or 4,806 agents above fiscal
year 2010;
--The Rural Policing Institute trained 15,194 State, local,
campus and tribal law enforcement officers in locations
throughout the United States and via distance learning;
and
--Completed the construction of the Counterterrorism
Operations Training Facility Intermodal Terminal
Building, a first-of-its kind facility that addresses
evolving threats to homeland security by offering
frontline law enforcement personnel hands-on training
in a realistic, state-of-the-art intermodal
transportation environment.
ADMINISTRATIVE SAVINGS
In an effort to maximize resources for front line
missions, the Committee has approved $850,000,000 of
administrative savings, $191,798,000 of rescissions of low-
priority unobligated balances, approved limitations on
noncompetitive contracts, required reporting to the Inspector
General on expenditures on conferences, limited travel to
international conferences, required 32 expenditure and related
plans to promote congressional oversight and effective
execution of Federal funding (prohibiting the obligation of
over $589,000,000 until such plans are delivered to Congress),
consolidated eight grant programs, and increased public
integrity funding for the Inspector General and Customs and
Border Protection. These cuts come on top of over $800,000,000
of similar savings and over $204,000,000 of rescissions in the
fiscal year 2012 DHS Appropriations Act.
References
This report refers to several Public Laws by short title as
follows: The Budget Control Act of 2011, Public Law 112-25, is
referenced as the BCA; American Recovery and Reinvestment Act
of 2009, Public Law 111-5, is referenced as ARRA; 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; Robert T. Stafford Disaster
Relief and Emergency Assistance Act, Public Law 93-288, is
referenced as the Stafford Act; and Intelligence Reform and
Terrorism Prevention Act of 2004, Public Law 108-458, is
referenced as the Intelligence Reform Act.
Any reference in this report to the Secretary shall be
interpreted to mean the Secretary of Homeland Security.
Any reference to the Department or DHS shall be interpreted
to mean the Department of Homeland Security.
Any reference in this report to a departmental component
shall be interpreted to mean directorates, components, offices,
or other organizations in the Department of Homeland Security.
Any reference to ``full-time equivalents'' shall be
referred to as FTE.
Any reference to ``program, project, and activity'' shall
be referred to as PPA.
Any reference to a ``Homeland Security Presidential
Directive'' shall be referred to as HSPD.
Any reference to ``Government Accountability Office'' shall
be referred to as GAO.
Any reference to the ``Office of Inspector General'' of the
Department of Homeland Security shall be referred to as OIG.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriations, 2012.................................... $133,159,000
Budget estimate, 2013................................... 134,150,000
Committee recommendation................................ 133,351,000
The Office of the Secretary and Executive Management
supports the Department by providing direction, management, and
policy guidance to operating components. The specific
activities funded by this account include: the Immediate Office
of the Secretary; the Immediate Office of the Deputy Secretary;
the Office of the Chief of Staff; the Office of the Executive
Secretary; the Office of Policy; the Office of Public Affairs;
the Office of Legislative Affairs; the Office of the General
Counsel; the Office for Civil Rights and Civil Liberties; the
Citizenship and Immigration Services Ombudsman; the Office of
Intergovernmental Affairs; and the Privacy Office.
COMMITTEE RECOMMENDATION
The Committee recommends $133,351,000 for the Office of the
Secretary and Executive Management, $192,000 above the fiscal
year 2012 level and $799,000 below the request level.
Reductions below the request taken to select offices are due to
a high level of staffing vacancies. The recommendation includes
requested reductions for efficiencies, contract support, and
administrative savings. The Committee includes the requested
programmatic increases for the Office for Civil Rights and
Civil Liberties [OCRCL], including $1,327,000 for OCRCL to
ensure that the Department's immigration efforts comply with
all applicable civil rights statutes and constitutional
requirements. The Committee directs that a briefing be provided
not later than 30 days after the OCRCL completes the initial
review of Secure Communities, 287(g), and other programs,
including its findings and recommendations. This briefing
should be conducted jointly by OCRCL and ICE officials.
The Committee denies the budget proposal to create separate
budget line items for the Office of International Affairs, the
Office of State and Local Law Enforcement, and the Private
Sector Office, which are all currently funded within the Office
of Policy. The Department has not supplied the Committee with a
compelling rationale for why these offices need to be stand
alone entities within the Office of the Secretary and Executive
Management and these functions have been performed adequately
within the Office of Policy.
The Committee is aware that funding was discontinued for a
historian to maintain a historical record of the Department.
The Secretary is encouraged to fill such a position from funds
provided in this act.
The specific levels recommended by the Committee as
compared to the fiscal year 2012 and budget request levels are
as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2013 budget Committee
2012 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary............................ 5,000 4,295 4,295
Immediate Office of the Deputy Secretary..................... 1,918 2,387 2,100
Office of the Chief of Staff................................. 2,300 2,498 2,300
Office of Counternarcotics Enforcement....................... 1,800 ............... ...............
Executive Secretary.......................................... 8,100 7,993 7,993
Office of Policy............................................. 40,000 33,678 \2\44,322
Office of Public Affairs..................................... 5,800 5,966 5,800
Office of Legislative Affairs................................ 6,000 6,041 6,041
Office of Intergovernmental Affairs.......................... 2,650 2,648 2,500
Office of General Counsel.................................... 22,400 21,947 21,947
Office for Civil Rights and Civil Liberties.................. 22,500 21,716 21,716
Citizenship and Immigration Services Ombudsman............... 6,200 5,950 5,950
Privacy Officer.............................................. 8,491 8,387 8,387
Office of International Affairs.............................. (\1\) 8,001 ...............
Office of State and Local Law Enforcement.................... (\1\) 892 ...............
Private Sector Office........................................ (\1\) 1,751 ...............
--------------------------------------------------
Total, Office of the Secretary and Executive Management 133,159 134,150 133,351
----------------------------------------------------------------------------------------------------------------
\1\Funded under the Office of Policy.
\2\Includes funds for the Office of International Affairs, Office of State and Local Law Enforcement, and the
Private Sector Office.
EVOLVING THREATS
The demands on the Department of Homeland Security continue
to grow as the threats from terrorism persistently evolve.
Whether it is homegrown terrorism; cyber intrusions; semi-
submersibles; biological, chemical, or nuclear attacks; food
tampering; surgically implanted explosives; animal diseases; or
varying locations and means for crossing our borders (such as
tunnels), the Department must be able to respond and adapt
swiftly to interdict these threats at the earliest point
possible. Further, naturally occurring events put our Nation at
risk. Storms are growing more frequent and larger and
earthquakes threaten major population areas, posing a risk to
critical infrastructure. Within 90 days after the date of
enactment of this act and periodically thereafter, DHS is to
brief the Committee on how it is applying its resources to
address these evolving threats.
COORDINATION OF FEDERAL CHEMICAL SECURITY EFFORTS
The National Protection and Programs Directorate's Office
of Infrastructure Protection and the Coast Guard are to
complete the planned Memorandum of Understanding [MOU] to
harmonize chemical security responsibilities established by
Chemical Facilities Anti-Terrorism Standards regulations and
Maritime Transportation Security Act regulatory programs
immediately. Congress directed this MOU to be completed no
later than March 30, 2012, but that agreement has not been
finalized. The Deputy Secretary is directed to continue semi-
annual reporting to the Committee on these matters as directed
in fiscal year 2012.
REAL ID
The Committee directs the Office of Policy to submit the
report on Real ID required by Senate Report 112-74 immediately.
OSEM EXPENDITURE PLANS
The Committee directs the Office of Policy, the Office of
Intergovernmental Affairs, the Office for Civil Rights and
Civil Liberties, the Office of Citizenship and Immigration
Services Ombudsman, and the Privacy Officer each to submit an
expenditure plan for fiscal year 2013 not later than 60 days
after the date of enactment of this act. Each plan shall
include details on: staffing by programmatic function area,
expenses, contracts, obligations, funds by sub-offices (if
appropriate), and how resources are aligned to specific
activities and initiatives in fiscal year 2013.
USER FEES
The Committee directs the Secretary to continue quarterly
updates on user fees as originally directed in the conference
report accompanying Public Law 111-83.
DEPARTMENTAL INTEGRITY EFFORTS
The Committee is pleased with the work that has been done
to solidify the investigative relationship between the OIG and
CBP regarding corruption investigations. The Committee directs
the Deputy Secretary, jointly with the OIG, CBP, and ICE, to
submit a report, not later than 60 days after the date of
enactment of this act, outlining the specific steps being taken
to further address the process for investigating cases of
corruption of DHS employees, and outline the plan to address,
as a unified DHS, the engagement of DHS with the Department of
Justice's Border Corruption Task Forces.
COMPACT OF FREELY ASSOCIATED STATES
Pursuant to the Compact of Free Association Act of 1985
(Public Law 99-239), and continued under the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188),
citizens of the Freely Associated States [FAS] are accorded the
privilege of traveling and residing in the United States
without a limit. Although the Compact and accompanying statutes
clearly state, ``it is not the intent of the Congress to cause
any adverse consequences for an affected jurisdiction,''
pressing medical and social needs of FAS migrants are imposing
considerable economic costs on a small number of jurisdictions
within the United States.
The Department is directed to promulgate regulations
governing admission and residency of FAS migrants. The
Department shall also continue its work within the National
Security Council Interagency Policy Committee on Freely
Associated State Affairs to implement its action plan to reduce
the impact of FAS migration on Federal, State, local, and
territorial governments, particularly those in affected
jurisdictions.
RECEPTION AND REPRESENTATION EXPENSES
Within the total amount recommended for the Office of the
Secretary and Executive Management, up to $45,900 is included
for reception and representation expenses. The Department is
directed to submit quarterly reports to the Committee listing
obligations for all DHS reception and representation expenses
by purpose and dollar amount, at a level of detail provided in
fiscal year 2011 and 2012, or in greater detail if that is
required to explain how funds were used. In recognition of a
more constrained budget environment and to limit opportunities
for waste and abuse, the Committee reduced the limitation on
spending for reception and representation expenses for official
purposes Department-wide by 15 percent for fiscal year 2012 and
includes a further 10-percent reduction in the limitation of
these expenses for fiscal year 2013.
OVERHEAD COSTS
Federal agencies have been directed by Executive Order
13589 to plan for reducing the combined costs of certain
activities by not less than 20 percent below fiscal year 2010
levels in fiscal year 2013. The Department should continue to
seek to reduce operating expenses by placing greater scrutiny
on overhead costs. Savings might be achieved by further
reducing nonessential travel, office supply, rent, and utility
costs. The Committee directs the Department to submit a plan to
reduce such costs within 60 days after the date of enactment of
this act.
DETAILEE REPORT
The Committee requires the Department to submit an annual
report on detailees with the budget request for fiscal year
2014. The format of this submission shall be in accordance with
the revised guidance set forth in Senate Report 110-84.
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
The Department is directed to report semi-annually to the
Committee on the current projects tasked to Federally Funded
Research and Development Centers [FFRDCs], the funding
obligated by component, including the purposes for the funds,
and any projects completed in the prior 6-month period, with
the first report due February 15, 2013. Reports for prior years
were submitted well after the required due dates and failed to
fully describe individual projects and the purpose they served.
The Committee expects more robust project descriptions of
individual projects and a more timely submission.
RESEARCH AND DEVELOPMENT PORTFOLIO REVIEWS
The Committee understands that the Science and Technology
[S&T] Directorate established an effective review process for
its own research and development portfolio to ensure that
projects selected for funding are those that will have the
greatest impact and opportunity for transition to operational
use. This type of review would be of great value to coordinate
research and development work and related efforts across the
Department. To ensure a coordinated approach to research and
development and related activities in the Department, the
Committee directs the Secretary, through the Under Secretary
for Science and Technology, to establish a review process
similar to the S&T review process for all research and
development and related work within DHS. In addition to direct
research and development, the review should include operational
analysis (documenting and resolving component capability gaps
including any modeling and simulation funding to better
understand where gaps reside in a component's mission space,
the improvement of concepts of operations, etc.); technology
improvement (any incremental upgrade to currently deployed
technology); spiral development (resources devoted towards
iterative processes such as software development involving the
continual refinement of technology); and product development
(any funding for new technology or knowledge products). S&T
shall brief the Committees on this effort no later than 120
days after the date of enactment of this act.
CYBERSECURITY
In the Joint Explanatory Statement accompanying the
Department of Homeland Security Appropriations Act, 2012, the
Deputy Secretary, jointly with the Deputy Secretary of Defense
was directed to submit a report on the benefits of establishing
a National Guard cybersecurity team and/or an equivalent
civilian team by May 1, 2012. The report shall be submitted
without delay. The Committee expects DHS to continue
coordination with the National Guard, particularly with regard
to assessments of DHS and National Guard capabilities, and
composition of the cyber operations workforce, including
civilian acquired skills.
PORT SECURITY TRAINING PROGRAM
The Committee is concerned that the Department has not yet
implemented section 821 of the Coast Guard Authorization Act of
2010 (Public Law 111-281) to enhance and upgrade Federal
waterfront facility security officer [FSO] training and lead to
the Federal certification of FSOs. Implementation will help
harmonize security training at marine terminals. The Committee
directs DHS and the Coast Guard to move forward with all
deliberate speed to issue these new national training
requirements.
GLOBAL POSITIONING SYSTEM [GPS] INTERFERENCE
The Committee is concerned about the security threat that
interference, jamming, or spoofing of GPS could have on the
aviation system, first responder network, and border security
and the capacity to detect and analyze the nature of
interruptions. The Committee recognizes that the Department is
evaluating approaches that rely on adoption of new hardware on
a nationwide scale that would not be available for several
years, and urges the Secretary to compare this effort to
approaches that rely upon existing hardware already in place
nationwide that would provide the capacity in the near-term
through the development of pilot projects leading to a broader
nationwide detection system.
NONIMMIGRANT VISA RULEMAKING
The Committee is aware that the Department of Justice is in
the process of issuing new rules allowing nonimmigrants who
enter the United States through the Visa Waiver Program to
legally purchase and possess firearms in the United States. The
Committee urges the Secretary of Homeland Security to work with
the Attorney General to develop safeguards to protect the
national security and public safety interests of the United
States.
Office of the Under Secretary for Management
Appropriations, 2012.................................... $235,587,000
Budget estimate, 2013................................... 221,771,000
Committee recommendation................................ 220,270,000
The Under Secretary for Management oversees management and
operations of the Department, including procurement and
acquisition, human capital, and property management. The
specific activities funded by this account include the
Immediate Office of the Under Secretary for Management, the
Office of the Chief Security Officer, the Office of the Chief
Procurement Officer, the Office of the Chief Human Capital
Officer, and the Office of the Chief Administrative Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $220,270,000 for the Office of the
Under Secretary for Management, $1,501,000 below the amount
requested and $15,317,000 below the amount enacted in fiscal
year 2012. The Committee's recommendation includes funding for
robust oversight of major acquisitions, recruitment and
development of a skilled workforce, and security measures to
safeguard DHS personnel, property, facilities, and information.
The Committee supports the one-DHS concept, which can only be
executed when such missions are appropriately funded. Effective
government is not accomplished through excessive funding cuts
for these essential capabilities. Unless specifically addressed
in this report, reductions taken to individual offices below
the request are due to a constrained budget environment and to
focus limited resources on the Department's critical
operational missions.
The specific levels recommended by the Committee, as
compared to the fiscal year 2012 and budget request levels, are
as follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management.... 2,550 3,112 3,112
Office of Security........................................ 70,000 69,258 69,258
Office of the Chief Procurement Officer................... 78,000 73,176 73,176
Office of the Chief Human Capital Officer:
Salaries and Expenses................................. 25,165 25,971 24,971
Human Resources Information Technology Program........ 14,172 9,689 9,689
Office of the Chief Administrative Officer:
Salaries and expenses................................. 40,700 35,117 34,616
Nebraska Avenue Complex............................... 5,000 5,448 5,448
-----------------------------------------------------
Total, Office of the Under Secretary for Management. 235,587 221,771 220,270
----------------------------------------------------------------------------------------------------------------
COMPREHENSIVE AND QUARTERLY ACQUISITION STATUS REPORTS
The Committee is displeased with the inability of the
Department to provide timely information related to its major
acquisition programs, especially since the information
requested is already required by the Department as part of its
own acquisition oversight process. The statutorily required
Acquisition Status Report for fiscal year 2012 is over 3 months
past due.
In order to obtain the information necessary for in-depth
congressional oversight, statutory language is included in this
act that requires a Comprehensive Acquisition Status Report to
be included as part of the submission of the President's fiscal
year 2014 budget, with quarterly updates to be submitted 30
days after the completion of each quarter. The requirements for
both reports are addressed below. A general provision is
included withholding funds from the Office of the Under
Secretary for Management until this and other spend plans are
submitted to the Committee.
The Comprehensive Acquisition Status Report shall include
programs identified for Major Acquisition Oversight as defined
in the Department memorandum titled ``Department of Homeland
Security Major Acquisition Oversight List'' dated January 25,
2011, and programs that have been classified for major
acquisition oversight subsequent to the referenced memorandum.
The Comprehensive Acquisition Status Report shall include for
each major acquisition:
--A narrative description to include current gaps and
shortfalls, the capabilities to be fielded, and the
number of planned increments and/or units;
--Acquisition Review Board (or other board designated to
review the acquisition) status of each acquisition,
including the current acquisition phase, the date of
the last review and a listing of the required documents
that have been reviewed with the dates reviewed and/or
approved;
--The most current approved Acquisition Program Baseline (to
include project schedules and events);
--A comparison of the original Acquisition Program Baseline,
the current Acquisition Program Baseline, and the
current estimate;
--Whether or not an Independent Verification and Validation
has been implemented, with an explanation for the
decision and a summary of any findings;
--A rating of cost risk, schedule risk, and technical risk
associated with the program (including narrative
descriptions and mitigation actions);
--Contract status (to include earned value management data as
applicable);
--A life-cycle cost of the acquisition and time basis for the
estimate;
--A planned procurement schedule, including the best estimate
of the annual cost and increments/units to be procured
annually until procurement is complete;
--A table delineated by appropriation that provides (for
prior years; past year; current year; budget year;
budget year plus one; budget year plus two; budget year
plus three; budget year plus four and beyond; and total
cost) the actual or estimated appropriations,
obligations, unobligated authority, and planned
expenditures;
--The reason for any significant changes (from the previous
comprehensive report) in acquisition quantity, cost, or
schedule;
--Key Events/Milestones from the prior fiscal year; and
--Key Events/Milestones for the current fiscal year.
Quarterly reports shall include:
--An updated status report on any major acquisition for which
there has been an approved or a new acquisition program
baseline, a new acquisition decision memorandum, or
where there has been significant deviation from the
prior report with respect to acquisition cost,
quantity, or schedule (a significant change is any
deviation in cost or quantity that exceeds 8 percent or
any change in schedule that exceeds 6 months).
--A table depicting the title of the program, quantity and
cost based on the original Acquisition Program
Baseline, quantity and cost based on the most current
acquisition program baseline, the quantity and cost of
the most current estimate, and the explanation for any
change in quantity and cost from prior reports.
--If applicable, a copy of the acquisition decision
memorandum, together with a copy of the Letter of
Assessment signed by the Director of Testing and
Evaluation.
FRONT END TECHNOLOGY ASSESSMENT
The Science and Technology Directorate has established an
effective test and evaluation process for DHS major
acquisitions. The test and evaluation takes place near the end
of the acquisition process, after technology solution decisions
have been made. The Committee believes the quality and
successful application of new technology would benefit greatly
from a more robust technology assessment of alternatives on the
``front end'' of an acquisition. The Under Secretary for
Management and the Under Secretary for Science and Technology
are to develop a plan for a formal technology assessment of
alternatives for all non-IT technology acquisitions and brief
the Committee on the plan within 6 months after the date of
enactment of this act.
OVER-RELIANCE ON CONTRACTORS
The estimated number of contractors providing services in
support of various DHS programs is 110,000 compared to
approximately 230,000 Federal employees. According to the
Department's congressional justification, ``The Quadrennial
Homeland Security Review and the Bottom-Up Review have both
confirmed a critical need to balance the DHS workforce by
ensuring strong Federal control of all DHS work and reducing
reliance on contractors.'' As of September 2011, the Department
has eliminated nearly 3,689 contractor positions, of which
2,771 were converted into new Federal jobs. The estimated
savings associated with this effort is $28,000,000. The
Committee supports the Department's continued efforts to
convert contractor positions to Federal jobs through its
Balanced Workforce Initiative and the Office of the Chief Human
Capital Officer [OCHCO]-managed program office leading the
Department's efforts to examine the appropriate workforce best
suited to meet mission needs. The Committee also recognizes
this is an evolving and continuous process, but progress and
projected milestones are necessary to judge the success of
these efforts. Therefore, the Committee directs the Department
to submit a report by January 15, 2013, on the Department's
balanced workforce strategy, including numbers of insourcing or
outsourcing decisions by component for fiscal years 2009-2012,
associated savings resulting from those decisions, and sourcing
plans for fiscal year 2013 and fiscal year 2014.
HUMAN RESOURCES SERVICING
In 2011, based on concerns raised by the Office of
Personnel Management, the Human Resources Management and
Services [HRMS] Delegating Examining Authority was withdrawn
from the Department's HRMS division. Concerns were raised about
the office's ability to comply with regulatory requirements in
its recruitment and staffing missions. The Committee is aware
of an ongoing independent assessment being conducted of HRMS to
determine the root causes for these concerns and make
recommendations for improvement. The OCHCO is to brief the
Committee on the results of this assessment no later than 30
days after its completion. The Committee expects DHS to not
only improve its performance in providing human resources
services, it shall streamline the process to make these
services more efficient. Therefore, a reduction of $1,000,000
below the President's request is recommended.
HEADQUARTERS CONSOLIDATION
Pursuant to section 549, a total of $89,000,000 is provided
for ``Office of the Under Secretary for Management'' for costs
associated with headquarters consolidation and mission support
consolidation. The Under Secretary shall submit an expenditure
plan no later than 90 days after the date of enactment of this
act detailing how these funds will be allocated, including a
revised schedule and cost estimates for headquarters
consolidation. Quarterly briefings are required on headquarters
and mission support consolidation activities, including any
deviation from the expenditure plan. According to the
Department, an updated plan is being developed in coordination
with the General Services Administration to complete the
headquarters consolidation project in smaller, independent
segments that are more fiscally manageable in the current
budget environment. The Department expects this updated plan to
be completed by the end of summer 2012 and it is to be
submitted to the Committee upon its completion. The Committee
expects the plan to identify the discrete construction
segments, the associated resource requirements for each
segment, and the proposed timeline for requesting funding to
complete each segment.
CHILD CARE SERVICES
Due to delays in the development of the consolidated
headquarters at the St. Elizabeths campus in Washington, DC,
the Nebraska Avenue Campus [NAC] will continue to serve as the
headquarters facility for DHS and the location for mission
support functions for several years to come. Given this reality
and the fact that a child care center was planned for the St.
Elizabeths campus, the Department is to consider establishing a
child care facility at the NAC to support the 2,300 men and
women employed there. The Chief Administrative Officer shall
brief the Committee no later than 90 days after the date of
enactment of this act on the feasibility of establishing a
child center at the NAC.
Office of the Chief Financial Officer
Appropriations, 2012.................................... $50,860,000
Budget estimate, 2013................................... 55,414,000
Committee recommendation................................ 53,714,000
The Office of the Chief Financial Officer is responsible
for the fiscal management and financial accountability of the
Department of Homeland Security. The Office of the Chief
Financial Officer provides guidance and oversight of the
Department's budget execution while ensuring that funds are
allocated and expended in accordance with relevant laws and
policies. This account funds the Budget Division, Office of
Financial Operations, Office of Performance Analysis and
Evaluation, Office of Financial Management, Resource Management
Transition Office, and the Office of the Government
Accountability Office/Office of Inspector General Audit
Liaison.
COMMITTEE RECOMMENDATION
The Committee recommends $53,714,000 for the Office of the
Chief Financial Officer [OCFO], an increase of $2,854,000 above
the fiscal year 2012 level and $1,700,000 less than the budget
request.
FINANCIAL SYSTEMS MODERNIZATION
The Committee recognizes the Department's need to improve
the reliability and transparency of its financial data, and
directs DHS to maintain frequent communications with the
Committee on financial management improvement plans necessary
to support the Department's missions. Following the
Department's decision to cancel acquisition plans for the
Transformation and Systems Consolidation [TASC] project, DHS
plans to target components with immediate financial systems
modernization needs and provide a solution that is already
operational at other Federal agencies. The Department has
funded an independent assessment to evaluate if this new
approach to financial management system modernization meets the
DHS goal of obtaining accurate and timely financial reporting.
The OCFO is to brief the Committee on the results of this
review no later than July 31, 2012.
With regard to component specific solutions, the Committee
is aware of Analyses of Alternatives being conducted by the
Coast Guard and ICE to improve their core financial systems.
The OCFO, in tandem with the Coast Guard and ICE, are to brief
the Committee on the preferred solutions before funds can be
obligated to initiate improvement efforts. The briefing is to
include total resource requirements by fiscal year and a
timeline for implementation with discrete milestones.
BUDGET EXECUTION AND STAFFING REPORT
The Committee includes bill language requiring the
Department to continue to submit to the House and Senate
Committees on Appropriations a monthly budget execution report
showing the status of obligations and costs for all components
of the Department and on-board staffing levels (Federal
employees and contractors). The report shall include the total
obligational authority appropriated (new budget authority plus
unobligated carryover), undistributed obligational authority,
amount allotted, current year obligations, unobligated
authority (the difference between total obligational authority
and current year obligations), beginning unexpended
obligations, year-to-date costs, and ending unexpended
obligations. This budget execution information is to be
provided at the level of detail shown in the tables displayed
at the end of this report for each departmental component and
the Working Capital Fund. This report shall be submitted no
later than 45 days after the close of each month.
EXPENDITURE PLANS
The Committee continues requiring expenditure plans for
specific DHS programs. These plans are intended to provide
Congress with information to effectively oversee a particular
program and hold the Department accountable for program
results. Expenditure plans required by the Committee shall
include, at a minimum: a description of how the plan satisfies
any relevant legislative conditions for the expenditure plan;
planned capabilities and benefits; cost and schedule
commitments; measures of progress against commitments made in
previous plans; how the program is being managed to provide
reasonable assurance that the promised program capabilities,
benefits, and cost and schedule commitments will be achieved;
historical funding for the program, if applicable; and an
obligation and outlay schedule.
The Department has failed to deliver or deliver on time a
number of statutorily required fiscal year 2012 expenditure
plans, which are essential for Congress to provide proper
oversight of DHS programs. These plans also instill fiscal
discipline within the Department and the relevant component by
ensuring the development of a comprehensive strategy for the
expenditure of funds early in the fiscal year that will then be
followed throughout the year. Plans that have not been provided
to the Committee for fiscal year 2012 include the Coast Guard's
Capital Investment Plan; Office of the Chief Information
Officer multiyear investment and management plan; and the
Border Security Fencing, Infrastructure, and Technology
multiyear investment and management plan. For fiscal year 2013,
a general provision is included withholding 59 percent of funds
from the Office of the Secretary and Executive Management,
Under Secretary for Management and the Office of the Chief
Financial Officer until all statutorily required expenditure
plans are submitted on time.
ANNUAL BUDGET JUSTIFICATIONS
The Chief Financial Officer is directed to ensure that
fiscal year 2014 budget justifications for classified and
unclassified budgets of all Department components are submitted
on February 4, 2013, concurrent with the President's budget
submission to Congress. The justifications shall include:
--Detailed data and explanatory descriptions for each
appropriations request, and for each PPA reflected in
the table accompanying this statement, including
offices that have been identified as PPAs. Information
regarding actual and planned accomplishments should be
in quantifiable terms and demonstrate a direct
relationship to funding;
--Tables that reflect actual and estimated funding by PPA for
fiscal years 2013 and 2014; identify each increase,
decrease, transfer, and staffing change proposed in
fiscal year 2014; and explain such year-to-year changes
in terms that are clear and unambiguous, and exclude
nonspecific terms such as ``technical adjustment'' or
``administrative savings'' unless accompanied by a
detailed explanation. To establish a common baseline
reference, the fiscal year 2013 discretionary data
shall tie to the fiscal year 2013 discretionary total
in the table accompanying this statement or have a
table identifying each change. Explanations of
adjustments to base funding, whether increases or
decreases, should be specific, and programmatic changes
and initiatives should be clearly identified and
justified;
--For each PPA that is comprised of acquisition and
procurement activity, the justification should address
all proposed spending using a zero-based budget
description;
--Information by appropriations account and PPA on all
reimbursable agreements and significant uses of the
Economy Act for each fiscal year;
--A detailed table identifying the last year that authorizing
legislation was enacted into law for each PPA,
including the amount of the authorization and the
appropriation in the last year of authorization;
--The text and citation of all Department appropriations
provisions enacted to date that are permanent law;
--Explanations and justifications for all proposed
legislative language changes, whether they are new or
amend existing law, whether they are substantive or
technical in nature, with an annotated comparison of
proposed versus existing language; and
--A report on the status of overdue Committee reports, plans,
and briefings for each of fiscal years 2012 and 2013.
FUTURE YEARS HOMELAND SECURITY PROGRAM
Consistent with section 874 of Public Law 107-296, the
Department shall submit a Future Years Homeland Security
Program budget as part of the fiscal year 2014 budget
justification. The report is to display funding by
appropriation account and subordinate program, project, or
activity. Further the report is to provide a 5-year capital
investment plan for all major acquisitions. The report shall be
in unclassified form so as to be accessible to the general
public. Having a forward-looking budget forecast provides a
reasonable understanding of future program and acquisition
needs and the proportionate resources needed to execute the
Department's mission of protection and defense of the homeland,
as well as emergency planning and response.
Office of the Chief Information Officer
Appropriations, 2012.................................... $257,300,000
Budget estimate, 2013................................... 312,643,000
Committee recommendation................................ 247,846,000
The Office of the Chief Information Officer is responsible
for oversight of information technology [IT] development,
oversight of IT acquisition, alignment of IT systems and
infrastructure to the enterprise architecture to support the
missions and activities of the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommends $247,846,000, of which
$120,670,000 is for salaries and expenses, and $127,176,000 is
to be available through fiscal year 2015 for Department-wide
technology investments overseen by the Office of the Chief
Information Officer [OCIO]. The recommendation is equal to the
level proposed in the budget request (including $64,797,000
provided for data center migration in a general provision).
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2013 budget Committee
2012 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses.......................................... 105,500 120,670 120,670
Information technology services................................ 38,800 28,002 28,002
Infrastructure and security activities......................... 69,000 121,839 \1\57,042
Homeland security data network................................. 44,000 42,132 42,132
------------------------------------------------
Total, Office of the Chief Information Officer........... 257,300 312,643 \1\247,846
----------------------------------------------------------------------------------------------------------------
\1\$64,797,000 is included in a general provision for data center migration.
MULTIYEAR INVESTMENT PLAN
The Committee includes bill language requiring a multiyear
investment plan be submitted to the Committees on
Appropriations with the fiscal year 2014 budget submission to
Congress. The Committee is displeased that the investment plan
for fiscal year 2012 has not been submitted and expects
improved performance on the timeliness of this report. As the
OCIO develops the fiscal year 2013 plan, it shall take proper
stock of all IT investments and identify and adopt best
practices, such as those identified by GAO in an October 2011
report, GAO-12-7, to encourage proper management of these
investments.
INFRASTRUCTURE AND SECURITY ACTIVITIES
The Committee recommendation includes $57,042,000, for
development and acquisition of information technology
equipment, software, services, and related activities. The
Committee believes the OCIO leads and manages efforts vital to
the continued modernization of the Department's information
technology infrastructure. Additionally, $64,797,000 is
provided for data center consolidation in a general provision.
The Committee is pleased with the Department's leadership
in data center consolidation. The Committee agrees with the
Department's position that these efforts will lead to
operational efficiencies, reduced geographic footprint, data
sharing synergies, reduced energy consumption, and clarity of
mission throughout the Department. The Department reports that
investment in data center consolidation will result in nearly
$3,000,000,000 in savings by 2030.
Consistent with section 888 of Public Law 107-296, the
Committee instructs the Department to implement the
consolidation plan in a manner that shall not result in a
reduction to the Coast Guard's Operations Systems Center
mission or its Government-employed or contract staff levels. A
general provision is included for this purpose.
HSPD-12/ONENET
Given the significant investment that will be required to
transition the Department to logical access as required by
Homeland Security Presidential Directive-12, the Committee
directs the Department to submit an implementation plan that
includes estimated costs and deployment milestones by component
no later than January 15, 2013. The Department is directed to
continue to provide quarterly briefings to the Committee on the
progress to implement OneNet and migrate to Networx.
HUMAN RESOURCES INFORMATION TECHNOLOGY
The Department has struggled in several areas with
improving and standardizing the information technology systems
that support its core functions, both the operations of those
functions and data reporting on those functions. As the
Department moves forward with planning and business case
analyses for human capital information technology improvements,
the Committee expects to be kept informed of major decisions.
The OCHCO and Chief Information Officer are to brief the
Committee semi-annually on the acquisition strategy,
development schedule, and milestones for human capital
information technology.
SOFTWARE INVENTORY
The Committee encourages the Department's Chief Information
Officer to perform periodic automated inventories of software
in use across the Department. The Department should compare
those usage numbers to its purchased licenses and seek to
increase efficiency wherever it identifies discrepancies. The
Department is to consider using this information to obtain
Department-wide acquisitions as opposed to Component-specific
purchases of licenses. The OCIO shall brief the Committee on
the results of these reviews within 180 days after the date of
enactment of this act.
Analysis and Operations
Appropriations, 2012.................................... $338,068,000
Budget estimate, 2013................................... 321,982,000
Committee recommendation................................ 323,782,000
The account supports activities to improve the analysis and
sharing of threat information, including activities of the
Office of Intelligence and Analysis [I&A] and the Office of
Operations Coordination.
COMMITTEE RECOMMENDATION
The Committee recommends $323,782,000 for Analysis and
Operations. This is a decrease of $14,286,000 below the fiscal
year 2012 level and an increase of $1,800,000 above the budget
request. The details of these recommendations are included in a
classified annex accompanying this report. A general provision
is included in the bill rescinding $1,800,000 of prior year
balances.
DHS INTELLIGENCE EXPENDITURE PLAN
The Committee requires the Department's Chief Intelligence
Officer to submit an expenditure plan for fiscal year 2013 no
later than 60 days after the date of enactment of this act.
The plan shall include the following:
--fiscal year 2013 expenditures and staffing allotted for
each program as compared to fiscal years 2012 and 2011;
--all funded versus on-board positions, including Federal
FTE, contractors, and reimbursable and nonreimbursable
detailees;
--a plan, including dates or timeframes for achieving key
milestones;
--allocation of funding within each PPA for individual
programs;
--funding, by object classification, including a comparison
to fiscal years 2012 and 2011; and
--the number of I&A-funded employees supporting organizations
outside I&A and within DHS.
The expenditure plan shall focus the activities of the
Office on areas where the Department can provide unique
expertise or serve intelligence customers who are not supported
by other components of the Intelligence Community, consistent
with current statute and Executive orders, and in a way that
does not impair intelligence support to the senior leadership
of the Department of Homeland Security.
STATE AND LOCAL FUSION CENTERS
The Committee directs I&A to continue semi-annual briefings
on the State and Local Fusion Centers program.
Office of Inspector General
Appropriations, 2012\1\................................. $117,000,000
Budget estimate, 2013................................... 143,664,000
Committee recommendation\1\............................. 122,664,000
\1\Excludes $24,000,000 made available from the FEMA Disaster Relief
Fund.
This account finances the Office of Inspector General's
activities, including audits, inspections, investigations, and
other reviews of programs and operations of the Department of
Homeland Security to promote economy, efficiency, and
effectiveness and to prevent and detect fraud, waste, and
abuse.
COMMITTEE RECOMMENDATIONS
The Committee recommends $122,664,000 for the Office of
Inspector General [OIG] for fiscal year 2013, $5,664,000 above
the fiscal year 2012 level and $3,000,000 above the comparable
budget request. In addition, the Committee includes bill
language transferring $24,000,000 needed by the OIG for audits
and investigations related to natural disasters from the
Disaster Relief Fund [DRF]. The OIG is required to notify the
Committee in the department's monthly budget execution reports
of the transfers from the DRF. Included in the recommendation
are increased resources for integrity oversight and
investigations. The Committee directs the Inspector General to
submit a plan for expenditure of all funds no later than 90
days after the date of enactment of this act. The
recommendation includes the increase requested to complete all
56 mandated 9/11 Commission Act audits of DHS' State Homeland
Security Program and Urban Area Security Initiative grants by
the August 20, 2014, deadline. The Committee is concerned that
the current organization of the OIG may not allow for adequate
independence for the inspections and evaluations function, and
that the lines of reporting across the organization may not be
sufficient to ensure that information flows in a timely and
complete manner to leadership.
INTEGRITY OVERSIGHT
The Committee has been concerned, due to the rapid hiring
in CBP and ICE since fiscal year 2005, that there is the
potential for increased corruption. To avoid corruption and
misconduct, it is imperative that all agents, especially new
hires, receive comprehensive training in ethics and public
integrity. The OIG provides ethics training to all agencies and
is in charge of investigating all allegations of criminal
misconduct throughout the Department. It is essential that the
OIG, CBP, and ICE work jointly and cooperatively to combat
corruption. Recent incidents serve to highlight the continued
need for integrity oversight. The Committee has made a
deliberate effort in the past several appropriations bills to
provide additional funding specifically for integrity
investigations. Within the total funding recommended, the
Committee provides the OIG an increase of no less than
$3,000,000 for integrity investigations. The fiscal year 2013
Expenditure Plan should identify the total funds dedicated to
integrity investigations and their intended purpose.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SUMMARY
U.S. Customs and Border Protection is responsible for
enforcing laws regarding admission of foreign-born persons into
the United States, and ensuring that all goods and persons
entering and exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of
$11,972,976,000, including direct appropriations of
$10,454,060,000 and estimated fee collections of
$1,518,916,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 8,680,118 \1\9,010,581 8,769,870
Automation modernization.............................. 334,275 327,526 327,526
Border Security Fencing, Infrastructure, and 400,000 327,099 327,099
Technology [BSFIT]...................................
Air and Marine interdiction, operations, maintenance, 503,966 435,769 506,766
and procurement......................................
Construction and facilities management................ 236,596 243,666 243,666
US-VISIT.............................................. ................ (\1\) 279,133
-----------------------------------------------------
Total, Appropriations............................... 10,154,955 10,344,641 10,454,060
=====================================================
Estimated fee collections:
Immigration inspection user fee....................... 527,629 568,790 568,790
Immigration enforcement fines......................... 1,041 1,093 1,093
ESTA.................................................. 44,524 46,318 46,318
Land border inspection fee............................ 28,909 35,935 35,935
COBRA fee............................................. 411,937 419,352 419,352
APHIS inspection fee.................................. 323,000 329,000 329,000
Global entry user fee................................. 2,615 13,743 13,743
Puerto Rico Trust Fund................................ 91,779 96,367 96,367
Small airport user fee................................ 8,167 8,318 8,318
-----------------------------------------------------
Total, Estimated fee collections.................... 1,439,601 1,518,916 1,518,916
=====================================================
Total, U.S. Customs and Border Protection, available 11,594,556 11,863,557 11,972,976
funding............................................
----------------------------------------------------------------------------------------------------------------
\1\Funding of $261,523,000 proposed under U.S. Customs and Border Protection, ``Salaries and Expenses''.
SALARIES AND EXPENSES
Appropriations, 2012.................................... $8,680,118,000
Budget estimate, 2013...................................\1\9,010,581,000
Committee recommendation................................ 8,769,870,000
\1\Includes requested funding of $261,523,000 for US-VISIT.
The U.S. Customs and Border Protection [CBP] Salaries and
Expenses appropriation provides funds for border security,
immigration, customs, agricultural inspections, regulating and
facilitating international trade, collecting import duties, and
enforcing U.S. trade laws. In addition to directly appropriated
resources, fee collections are available for the operations of
CBP from the following sources:
Immigration Inspection User Fee.--CBP collects user fees to
fund the costs of international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Electronic System for Travel Authorization Fee.--CBP
collects fees to cover the cost of operating and implementing a
system to pre-screen visitors from countries participating in
the Visa Waiver Program prior to their arrival in the United
States to avoid security risks, as authorized by section
711(h)(3)(B) of the 9/11 Act (Public Law 110-53).
Immigration Enforcement Fine.--CBP collects fines from
owners of transportation lines and persons for unauthorized
landing of aliens, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Land Border Inspection Fee.--CBP collects fees for
processing applications for the Dedicated Commuter Lanes
program, the Automated Permit Ports program, the Canadian
Border Boat Landing program, and both Canadian and Mexican Non-
Resident Alien Border Crossing Cards, as authorized by the
Immigration and Nationality Act (8 U.S.C. 1356).
Consolidated Omnibus Budget Reconciliation Act [COBRA]
Fee.--CBP collects fees for inspection services involving
customs-related functions. The COBRA user fee statutory
authority (19 U.S.C. 58c) specifies the types of expenses to be
reimbursed and the order for the reimbursement of these types
of expenses.
Animal and Plant Health Inspection Service Inspection
Fee.--CBP receives as a transfer a distribution of agriculture
inspection fees collected by the United States Department of
Agriculture. The user fees, as authorized by the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136), are charged to offset costs for the services related to
the importation, entry, or exportation of animals and animal
products.
Global Entry User Fee.--CBP collects fees to cover the cost
of a registered traveler program to expedite screening and
processing of international passengers as authorized under the
Consolidated Appropriations Act of 2008, section 565(3)(B).
Puerto Rico Trust Fund.--Customs duties, taxes, and fees
collected in Puerto Rico by CBP are deposited in the Puerto
Rico Trust Fund. After providing for the expenses of
administering CBP activities in Puerto Rico, the remaining
amounts are transferred to the Treasurer of Puerto Rico
pursuant to 48 U.S.C. sections 740 and 795.
Small Airport User Fee.--The User Fee Airports Program
authorized under 19 U.S.C. 58b and administered under 19 U.S.C.
58c(b)(9)(A)(i), authorizes inspection services to be provided
to participating small airports on a fully reimbursable basis.
The fees charged under this program are set forth in a
memorandum of agreement between the small airport facility and
the agency, and may be adjusted annually as costs and
requirements change.
COMMITTEE RECOMMENDATIONS
The Committee recommends $8,769,870,000 for salaries and
expenses of U.S. Customs and Border Protection [CBP] for fiscal
year 2013, including $3,285,000 from the Harbor Maintenance
Trust Fund. The Committee includes bill language making
available up to $150,000 for payment for rental space for
preclearance operations and $1,000,000 for payments to
informants. The Committee also includes bill language placing a
$35,000 annual limit on overtime paid to any employee.
The Committee does not include the following increases
requested within the budget: $3,000,000 for financial and
budgetary systems and $2,218,000 for other international
programs. The Committee also denies the proposed reduction in
the budget of $7,030,000 for air and marine staffing.
Continuation of this funding will maintain funding for front-
line pilots and boat captains to ensure adequate personnel to
avoid operational losses.
Increases above the request for officer integrity and
travel facilitation are discussed later in this report.
FUNDING PRIORITIES
As CBP is a ``personnel heavy'' agency, it is
understandable that difficult choices have to be made when
developing the budget request in an era of declining resources.
However, as these choices are made in the short term, we must
take into account their long-term consequences. As presented,
the budget is focused on maintaining frontline operations--
especially people. However, the people on the frontlines are
only as good and effective as the systems they have supporting
them. The budget proposes a total of $342,000,000 in so-called
``efficiencies'' and other cuts, including nearly $50,000,000
in additional cuts to information technology [IT]
infrastructure and systems support. Between fiscal years 2009-
2012, $363,000,000 has been cut from CBP's IT systems. CBP
relies on these systems to target potential terrorists before
they reach our shores, perform database checks on all travelers
to this country, and screen cargo manifests for all goods
entering the United States via air, land, or sea. Other
Government agencies, such as TSA's Secure Flight, are fast
becoming entirely reliant on CBP's capabilities to assist them
in performing their security and other functions. It appears
that the Department is eating its seed corn. As discussed under
``Air and Marine Interdiction, Operations, Maintenance, and
Procurement'', a 52-percent cut to aircraft procurement is
short-sighted in the extreme and has a direct impact on border
security. Given the Budget Control Act funding limitations, the
Committee is unable to restore all of these reductions. The
Committee urges the Department and the Office of Management and
Budget [OMB] to provide sufficient resources in the fiscal year
2014 budget to sustain critical operations to avoid long-term
negative impacts.
FINANCIAL PLAN
To help facilitate oversight by the Committee, CBP is
directed to submit to the Committee within 90 days after the
date of enactment of this act, a financial plan reflecting a
detailed breakout of funding by office for each of the major
PPAs in the ``Salaries and Expenses'' appropriation. This
financial plan shall include a comparison by office to the
prior year plan amount and actual expenditures for fiscal year
2012 and planned expenditures for fiscal year 2013.
PORT OF ENTRY STAFFING AND RELIANCE ON FEES
The Committee continues to hear concerns about the apparent
lack of staffing availability of CBP officers [CBPOs] at
airports and land border ports of entry. Approximately 35
percent of CBPOs are funded through various inspection fees.
The most significant fees have not been changed in roughly a
decade and it is incumbent on CBP to work with OMB to adjust
fees to ensure that ports are properly staffed to ensure the
expeditious, efficient, and thorough inspection and processing
of people and goods entering the country.
Additionally, the Committee understands that CBP currently
is engaged with the Department of Agriculture Animal and Plant
Health Inspection Service [APHIS] to ensure that the APHIS User
Fees cover the full cost of inspection of agricultural products
at our ports of entry. The Committee strongly encourages the
Secretary to develop and implement procedures to ensure revenue
from these fees, transferred to the Department pursuant to
section 421 of the Homeland Security Act of 2002, primarily
funds the salaries, benefits, overtime, and associated costs of
CBP Agriculture Specialists. Not later than 90 days of
enactment of this act, CBP shall provide the Committee with a
briefing describing the procedures being implemented to meet
this objective.
Finally, the Committee strongly encourages CBP to provide
greater information on CBP officer staffing at airports to the
appropriate airport authorities. DHS and CBP do themselves no
favors and earn unnecessary ill will by withholding basic
staffing information--including the reasoning behind its
staffing decisions--and hiding behind vague phrases such as
``law enforcement sensitive'' and ``for official use only''. If
the Transportation Security Administration can provide
information about transportation security officer staffing at a
given airport to the proper authorities, it makes no sense for
CBP to withhold similar information. The Committee directs the
Commissioner to submit a report no later than 60 days after the
date of enactment of this act on the specific steps CBP can
take to advance its relationship, and specifically its
information sharing, with port authorities. This report should
include descriptions of high-level stakeholder coordination in
the form of working groups, conference calls, operations, and
other interactions. The report shall also address the legal
reasons, if any, if CBP has determined it is prohibited from
providing this information to airport authorities and other
appropriate officials. If there are legal prohibitions, the
report shall delineate them and provide alternative language
and/or proposals to amend the relevant laws. Additionally, the
Committee directs CBP to submit immediately the recently
completed Workload Staffing Model.
COBRA FEE SHORTFALL
Due to issues associated with the U.S.-Colombia Trade
Promotion Agreement Implementation Act, Public Law 112-42,
there is an anticipated shortfall of $83,000,000 in COBRA fees
in fiscal year 2012 and $110,000,000 in fiscal year 2013. The
Committee has yet to receive a reprogramming request informing
it how the Department will address the fiscal year 2012
shortfall nor a budget amendment proposing a solution to the
even larger problem anticipated in fiscal year 2013. The
Department and the Office of Management and Budget need to
resolve this matter expeditiously and communicate to the
Committee the consequences on CBP's missions if they fail to
address this matter.
FACILITATING TRAVEL AND ENHANCING THE ENTRY PROCESS
The Committee notes that on January 19, 2012, the President
issued an executive order announcing the administration's
intent to place a renewed emphasis on steps various Government
agencies, including the Department of Homeland Security, can
take to increase travel to the United States. Increasing the
number of international visitors to the United States has a
direct economic impact, including job creation.
The Committee provides $7,000,000 above the request for
additional enhancements to the entry process for international
travelers. When combined with the request, funding is provided
to expand Global Entry to nine additional airports in fiscal
year 2013, and for the installation of additional kiosks at
existing Global Entry locations with high volumes of passenger
traffic where the volume of air passenger traffic would benefit
from additional kiosks. The Committee directs CBP to work
jointly with interested airport authorities and airlines to
provide improved signage, including informational videos,
explaining the entry process. The Committee also encourages CBP
to work with airport authorities in developing a ``welcome
ambassador'' program with interested airports where
appropriate.
Additionally, the Committee provides $10,000,000 above the
request to expand preclearance operations, including 45
additional CBP officers, at priority preclearance airport
locations. Investments should be focused on the most heavily
trafficked preclearance facilities in order to increase
efficiency and maximize CBP resources. Preclearance operations
are a relatively low-cost method to expand travel to the United
States while maintaining security. CBP shall brief the
Committee no later than 60 days after the date of enactment of
this act on its plan to expand preclearance operations.
CBP's April 25, 2012, report entitled ``Improving Entry
Process for Visitors to the United States'', which was mandated
by Congress as part of the fiscal year 2012 the Department of
Homeland Security Appropriations Act, states:
``A CBP officer is the first face of the U.S. Government
that travelers see at POEs. As a visible symbol of our Nation,
CBP officers have an important responsibility. Training
provides new CBP officers an understanding of the expectations
and standards in terms of conduct, workplace environment,
demeanor, etiquette, respect for cultural diversity, and
interpersonal communications.''
The Committee shares the frustration resulting from long
lines of people and goods waiting to be processed at our ports
of entry. It is important that all CBP officers recognize the
role they play as travel facilitators in addition to security
officials. CBP, and the U.S. Government in general, need to do
more to emphasize encouraging repeat visitors to the United
States, as this will assist in growing jobs and the economy.
Creating a welcome first impression for visitors is the first
step in this process.
CROSS-BORDER TUNNELS
Tunnels along the United States-Mexico border will remain
an attractive alternative to overland drug smuggling because of
increased security measures and aggressive enforcement activity
on traditional cross-border routes. According to CBP's second
semiannual cross-border tunnel report, which covered the third
and fourth quarters of fiscal year 2011, 18 new tunnels were
discovered along the United States-Mexico border, 5 more
tunnels than were discovered in fiscal year 2010. Of these
tunnels, four were discovered in the San Diego sector with the
remainder discovered in the Nogales and Yuma sectors. Since
fiscal year 2007, CBP has directed $5,800,000 towards
remediation and closure of these tunnels. The Committee
supports the ongoing efforts of the DHS Tunnel Task Force to
detect and respond to new tunnels and directs continued
submission of the required tunnel report and directs CBP to
dedicate sufficient resources to continue detecting, responding
to, and remediating tunnels as they are encountered.
CONDUCT AND INTEGRITY OVERSIGHT
Since Congress initiated the rapid increase in CBP staffing
in 2005, the Committee has been concerned about the potential
for increased corruption by CBP personnel. Since fiscal year
2005, 137 current or former CBP employees have been arrested,
indicted, or otherwise prosecuted on corruption charges. The
Committee remains committed to addressing this problem.
The Committee recommends a total of $156,469,000,
$2,000,000 above the request, for CBP to expand integrity
training for its officers, conduct investigations, reduce the
backlog of reviews and polygraphs, and meet the requirements of
the Anti-Border Corruption Act of 2011 (Public Law 111-338).
The Committee directs the Deputy Secretary to continue to
oversee the coordination of the Office of the Inspector General
and CBP on program integrity issues. As discussed in title I of
this report, the Committee directs the Deputy Secretary to
submit a report not later than 60 days after the date of
enactment of this act outlining the specific steps being taken
to further address the process for investigating cases of
corruption of CBP employees.
BORDER PATROL AGENTS
Included in the amount recommended by the Committee for
``Border Security and Control'' is a total of $3,625,950,000,
as requested. Bill language is included mandating a floor of
not less than 21,370 Border Patrol agents on-board throughout
fiscal year 2013. With the 1,000 new Border Patrol agents
funded as part of the Emergency Supplemental Border Security
Act, 2010, combined with the funds in this act, there will be
21,370 Border Patrol agents on duty, more than double the 9,951
agents on board at the end of fiscal year 2002.
OPERATION STREAMLINE
The Committee supports Operation Streamline, a program
through which individuals apprehended crossing the Southwest
border are sentenced by a judge to serve a period of time in
jail. In Border Patrol sectors where Operation Streamline is
robustly in effect, there has been a noticeable reduction in
attempted illegal crossings. The Committee encourages the
Department to work with the appropriate Department of Justice
agencies and the Judiciary to expand Operation Streamline to
additional Border Patrol sectors.
NORTHERN BORDER PORT STAFFING
The Committee remains concerned about CBP officer staffing
levels for Northern Border ports of entry. The Committee
believes that many of the concerns about Northern Border
staffing could be allayed by more complete reporting to
Congress about CBP's Northern Border staffing plans. The
Committee directs CBP to submit a plan with the fiscal year
2014 budget detailing specific staffing and funding for, and
implementation of, planned Northern Border enforcement
initiatives by port of entry. The Committee also directs CBP to
provide a briefing to the Committee not later than December 1,
2012, on the CBP officer staffing requirements on the Northern
Border based on increased trade flows and the current threat
environment.
TRADE ENFORCEMENT
The Committee fully funds the request for trade enforcement
activities, including $3,000,000 to expand the industry
integration Centers of Excellence and Expertise beyond the
existing electronics and pharmaceuticals centers to such
critical trade sectors as textiles, petroleum, consumer
products, and mass market retail imports. These efforts,
combined with increases for risk-based targeting of passengers
and goods entering the United States, should further expedite
the trade process.
CBP analysis has found that there is strong evidence to
conclude that trade fraud and evasion is widespread in many
commodity sectors--particularly for goods from China, which
account for 46 percent of the antidumping and countervailing
duties [AD/CVD] collected. The volume of trade continues to
expand and, as the economy improves, the country will
experience an even greater volume of trade. The Committee
recognizes the need for all Federal Government agencies
involved in international trade to aggressively enforce
existing trade laws. During a hearing before the subcommittee
on May 25, 2011, it became clear that there are specific
actions that CBP and U.S. Immigration and Customs Enforcement
[ICE], together with the Departments of Commerce and State and
the United States Trade Representative, can take without the
need for additional legislation. According to CBP's own
statistics, more than $1,000,000,000 in duties related to
antidumping from 2001 to 2010 have yet to be collected. To help
combat this problem, CBP has created a multidisciplinary Re-
engineering Dumping Team to review the AD/CVD process and to
develop enforcement solutions. The Committee commends CBP for
taking this action and directs it to provide quarterly
briefings to the Committees on Appropriations in the Senate and
House of Representatives on its efforts to improve the
enforcement and collection process.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT REPORTS
The Committee has ensured that, within the amounts provided
in this account, there will be sufficient funds to administer
the ongoing requirements of section 754 of the Tariff Act of
1930 (19 U.S.C. 1675c), referenced in subtitle F of title VII
of the Deficit Reduction Act of 2005 (Public Law 109-171; 120
Stat. 154).
The Committee directs CBP to continue to work with the
Departments of Commerce and the Treasury and the Office of the
United States Trade Representative (and all other relevant
agencies) to increase collections, and provide a public report
on an annual basis within 30 days of each year's distributions
under the law. The report should summarize CBP's efforts to
collect past due amounts and increase current collections,
particularly with respect to cases involving unfairly traded
United States imports from China. The report shall provide the
amount of uncollected duties for each antidumping and
countervailing duty order, and indicate the amount of open,
unpaid bills for each such order. In that report, the
Secretary, in consultation with other relevant agencies,
including the Secretaries of the Treasury and Commerce, should
also advise as to whether CBP can adjust its bonding
requirements to further protect revenue without violating U.S.
law or international obligations, and without imposing
unreasonable costs upon importers.
The Committee further directs the Secretary to work with
the Secretary of Commerce to identify opportunities for the
Commerce Department to improve the timeliness, accuracy, and
clarity of liquidation instructions sent to CBP. Increased
attention and interagency coordination in these areas could
help ensure that steps in the collection of duties are
completed in a more expeditious manner.
Consistent with section 691a of Public Law 103-182, the
North American Free Trade Agreement Implementing Act of 1993,
the Committee directs the Commissioner of Customs to submit to
Congress before the 60th day of each fiscal year a report
regarding the collection of duties imposed under the
antidumping and countervailing duty laws during the preceding
fiscal year.
Separately, CBP is directed to report to the Committee on
collection of the outstanding $1,000,000,000 in antidumping/
countervailing duties, including the number of claims, the
value of each claim, the stage of collection for each claim,
and the date on which the claim was referred for further action
to either the CBP Chief Counsel or U.S. Department of Justice.
This report shall be submitted to the Committee not later than
180 days after the date of enactment of this act.
COMMERCIAL TRADE ENFORCEMENT/INTELLECTUAL PROPERTY RIGHTS
CBP and ICE are directed to jointly brief the Committee by
March 27, 2013, on the ongoing efforts to improve commercial
trade enforcement and intellectual property rights protection,
including the status of implementing the trade compliance
enforcement strategy and efforts to improve coordination and
collaboration between CBP and ICE field offices. The briefing
should address the progress made to date and specifically
address the approaches outlined in CBP's, April 4, 2012,
``Trade Compliance--Broker Community'' report to improve the
compliance of foreign importers.
TRADE COMPLIANCE--INFORMATION SHARING
The Committee understands that current law may
unintentionally prohibit the Department of Commerce from
sharing proprietary information with CBP vital to determining
violations or claims with respect to any provision of the
Tariff Act of 1930. The Committee urges the Department to
coordinate jointly with the Department of Commerce on a
legislative proposal to amend the appropriate section of the
United States Code to remove any legal barriers to sharing of
appropriate and necessary information between these prime
Federal trade compliance and enforcement agencies.
JONES ACT
CBP is charged with enforcement of U.S. cabotage laws. The
Jones Act provides for the national and economic security of
the United States by supporting a strong U.S. merchant marine.
By virtue of the Outer Continental Shelf Lands Act, as amended
by Public Law 106-580, the coastwise laws apply to marine
transportation between points and places in the United States,
including the Outer Continental Shelf. U.S. vessels, mariners,
and shipyards have been negatively impacted and underutilized
as a result of lax enforcement of prior rulings inconsistent
with congressional intent. The Committee urges the Department
to levy penalties for previously documented violations,
continue working with the Offshore Marine Service Association
in order to investigate future potential violations, and
dedicate adequate resources to vigorously enforce the Jones Act
on the Outer Continental Shelf. The Committee is very concerned
that 53 waivers of the Jones Act were issued in fiscal year
2011, enabling foreign-flagged vessels to transport oil
released from the Strategic Petroleum Reserve in response to
extreme fluctuations in the price of gas.
The Committee is also concerned about the lack of
transparency in issuing these waivers. A general provision is
included prohibiting funds from being used to issue future
waivers related to a release from the Strategic Petroleum
Reserve until the Secretary has consulted with the Departments
of Energy and Transportation and representatives of the United
States flag maritime industry and taken adequate steps to
ensure the use of United States flag vessels. The Secretary
shall notify the Congress within 2 business days of any request
for a waiver, not solely waivers requested to transport oil
released from the Strategic Petroleum Reserve.
The Committee directs CBP to develop a system to track the
status of all Jones Act violations, from the time they are
reported until assessed penalties have been collected or there
is a finding of no violation and the charges are dismissed. The
Committee also directs CBP to make information available to the
public and the Committees on Appropriations in the Senate and
House of Representatives, on a quarterly basis, about specific
Jones Act violations, findings of fact, parties determined to
be at fault, amount of penalty assessments, and status of
collections.
NORTHERN BORDER COOPERATION
The Committee recognizes the economic importance of
facilitating the flow of cross border goods and people between
the United States and Canada. To this end, the Joint United
States-Canada ``Beyond the Border'' Action Plan, issued April
4, 2011, included several recommendations to enhance the
economic relationship while increasing cross border security.
The Committee directs CBP to continue working together with its
Federal, State, local, and Canadian law enforcement partners to
implement the Beyond the Border recommendations.
ADVANCED TRAINING CENTER
Included in the amount recommended by the Committee is
$53,000,000, as proposed in the budget, for programmatic
expenses (including salaries and benefits) and the National
Training Plan, at the Advanced Training Center [ATC]. For
fiscal year 2013, the ATC staffing target is 224 employees.
With the establishment of the Advanced Training Center
Revolving Fund [ATCRF], pursuant to the fiscal year 2012
Department of Homeland Security Appropriations Act, the
Committee directs CBP to utilize ATCRF funds in addition to any
funds appropriated annually by the Congress.
Pursuant to Public Law 106-246, the training to be
conducted at the Center shall be configured in a manner so as
to not duplicate or displace any Federal law enforcement
program of the Federal Law Enforcement Training Center [FLETC].
Training currently being conducted at a FLETC facility shall
not be moved to the Center.
TRAINING REGARDING HUMAN TRAFFICKING
CBP plays a critical role in identifying potential human
trafficking victims as they enter the United States. The
Committee encourages CBP to continue to work with appropriate
nonprofit organizations and victim service providers to improve
the training of CBP officers in the field to assist in the
identification of human trafficking victims, especially
children, and provide appropriate referrals to victim service
organizations.
FOREIGN MUNICIPAL SOLID WASTE
The Committee recognizes that trucks carrying foreign
municipal solid waste entering the United States from Canada
represent potential homeland security and environmental threats
to our Nation. The Committee is also aware of successful
efforts to address this threat, which have resulted in a
significant reduction in municipally managed waste shipments to
the United States. However, nearly 350 trash trucks still cross
U.S. borders every day. The Committee urges DHS, in conjunction
with CBP, to consider proposing to raise the current Customs
User Fee for trucks carrying foreign municipal solid waste into
the United States and include any such proposal in the fiscal
year 2014 budget through the appropriate authorizing mechanism.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2013 budget Committee
2012 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses:
Headquarters, management, and administration:
Management and administration, border security 667,794 601,414 599,914
inspections and trade facilitation....................
Management and administration, border security, and 717,309 665,646 664,146
control between ports of entry........................
Rent................................................... 483,749 614,871 614,871
------------------------------------------------
Subtotal, Headquarters, management, and administra- 1,868,852 1,881,931 1,878,931
tion................................................
================================================
Border security inspections and trade facilitation:
Inspections, trade, and travel facilitation at ports of 2,484,235 2,480,674 2,499,674
entry.................................................
Harbor maintenance fee collection (Trust Fund)......... 3,274 3,285 3,285
International cargo screening.......................... 74,557 71,534 71,534
Other international programs........................... 10,684 27,084 24,866
Customs-Trade Partnership Against Terrorism [C-TPAT]... 44,979 40,082 40,082
Trusted Traveler Programs.............................. 6,311 6,311 6,311
Inspection and detection technology investments........ 148,537 117,575 117,575
Automated targeting systems............................ 41,400 113,826 113,826
National Targeting Center.............................. 51,950 65,127 65,127
Training............................................... 37,834 34,860 34,860
------------------------------------------------
Subtotal, Border security inspections and trade 2,903,761 2,960,358 2,977,140
facilitation........................................
================================================
Border security and control between ports of entry:
Border security and control................................ 3,530,994 3,551,840 3,551,840
Training................................................... 88,610 74,110 74,110
------------------------------------------------
Subtotal, Border security and control between ports 3,619,604 3,625,950 3,625,950
of entry............................................
================================================
Air and Marine operations...................................... 287,901 280,819 287,849
------------------------------------------------
US-VISIT....................................................... .............. \1\261,523 ...............
------------------------------------------------
Total, Salaries and expenses............................. 8,680,118 9,010,581 8,769,870
----------------------------------------------------------------------------------------------------------------
\1\Funding of $261,523,000 proposed under U.S. Customs and Border Protection, ''Salaries and Expenses.'' Funding
is provided in a separate account.
AUTOMATION MODERNIZATION
Appropriations, 2012.................................... $334,275,000
Budget estimate, 2013................................... 327,526,000
Committee recommendation................................ 327,526,000
The automation modernization account includes funds for
major information technology systems and services for U.S.
Customs and Border Protection [CBP], including the Automated
Commercial Environment [ACE] and the International Trade and
Data System projects, and connectivity of and integration of
existing systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends $327,526,000, to be available
until September 30, 2015, for automation modernization.
EXPENDITURE PLAN
The Committee includes bill language limiting the
availability of $25,000,000 for development of ACE until the
submission of a comprehensive expenditure plan for the program.
The Committee also expects to continue receiving the ACE
quarterly reports. CBP is directed to brief the Committees on
Appropriations immediately on the plan to decommission the
Automated Commercial System [ACS], the updated program plan for
ACE, how the ACS decommission plan is integrated into the
program plan, and the updated master schedule for ACE
development.
TECS MODERNIZATION
The Committee directs CBP and ICE to continue to conduct
the semiannual joint briefings for the Committee.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Automated Commercial Environment/International Trade Data 140,000 140,794 140,794
System [ITDS]............................................
Current operations protection and processing support 194,275 186,732 186,732
[COPPS]..................................................
-----------------------------------------------------
Total, Automation modernization..................... 334,275 327,526 327,526
----------------------------------------------------------------------------------------------------------------
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
Appropriations, 2012.................................... $400,000,000
Budget estimate, 2013................................... 327,099,000
Committee recommendation................................ 327,099,000
The Border Security, Fencing, Infrastructure, and
Technology account funds the capital procurement and total
operations and maintenance costs associated with fencing,
infrastructure, sensors, surveillance, and other border
security technology.
COMMITTEE RECOMMENDATIONS
The Committee recommends $327,099,000 for Border Security
Fencing, Infrastructure, and Technology, the same as the
request.
BORDER TECHNOLOGY DEPLOYMENT DELAYS
According to the Department, Border Patrol apprehensions
have decreased 53 percent since fiscal year 2008. In the Tucson
sector apprehensions dropped 42 percent between fiscal years
2010-2011. This is the lowest level of apprehensions in Tucson
in 17 years. Since fiscal year 2005, the Committee has been a
strong and active supporter of the efforts to secure our
Southwest Border through a strategic combination of fencing,
tactical infrastructure, and technology, combined with a
doubling of the size of the Border Patrol. In fact, at the
initiation of this Committee, the Congress has appropriated
more than $2,000,000,000 in regular, supplemental, and
emergency funding above the amounts requested by this and the
previous President for this account. These funds have been used
to construct the 650 miles of fencing and border infrastructure
mandated by the Secure Fence Act, as amended, and they have
been used to bring more technology and security to Border
Patrol agents than has ever been available.
On April 6, 2012, the Department issued a request for
proposals to build and deploy the next set of integrated fixed
towers [IFTs] for cameras and radars within Arizona. CBP
estimates the contract will be awarded in the first quarter of
2013 and it intends to initiate the deployments in Douglas and
Casa Grande, Arizona, in the second and third quarters of the
fiscal year--before operational testing is even started on the
first deployment of IFTs--which is not scheduled to occur until
the fourth quarter of fiscal year 2013. Given the history of
the border technology program under any name, the Committee is
skeptical that this plan is prudent. In this era of
increasingly scarce resources, it is more important than ever
to ensure the system works as best as possible before investing
further resources. If it applies nowhere else, the phrase
``once burned, twice shy'' applies here.
The fiscal year 2013 President's budget includes funding
for additional deployments despite having no contract in place
and no way of knowing if all of the deployment issues
experienced over calendar years 2009 and 2010 have been solved.
The Committee has provided the requested resources for a system
which, while now working well and proving its capabilities, has
been what could only charitably be called poorly managed. It is
simply not prudent to fund additional deployments of towers
until the program demonstrates at least one successful
deployment on the new contract. The Department has indicated
that approximately $639,000,000 remains available in
unobligated prior year balances for border technology. Given
these strong concerns, the Committee rescinds $92,000,000 in
unobligated balances from this account that are not required
for fiscal year 2013.
Finally, the Committee commends the program managers for
including in the request for proposal that if there are no
offerors who provide adequate confidence in the
nondevelopmental nature of their system, or no offerors who
provide enough performance at a reasonable cost, CBP will
cancel the solicitation rather than procure an ineffective or
high-risk offering. This is most prudent given the many past
contracting problems.
NORTHERN BORDER
Included in the Committee's recommendation is $10,000,000,
as requested, for enhancing low-flying aircraft surveillance
and maritime detection technology along the Northern Border.
The Committee recognizes that incidents of drug smuggling
along our Northern Border are increasing, and that more efforts
need to be undertaken to address this growing problem. In
previous years, the Department of Homeland Security and
Department of Defense cooperated on Operation Outlook, a
program that used sophisticated military radar technology along
the Northern Border to identify low-flying aircraft that would
otherwise not have been caught with the current technology used
by the Department of Homeland Security. Though that operation
was highly successful, it was only temporary in nature and
covered only one sector of the Northern Border. To better
uncover and combat the smuggling of drugs by low-flying
aircraft, and to assist in developing a comprehensive plan to
combat narcotics smuggling along the Northern Border, the
Committee urges CBP to jointly cooperate with its Canadian
counterparts to further explore options to address low-flying
aircraft and other potential airborne threats along the
Northern Border, including the expanded use of military radar.
ACCESS TO THE BORDER
The Committee recognizes that several steps have been taken
by the Federal Government in recent years to increase
communication among Federal agencies to address impediments
that could impair their ability to carry out critical border
protection responsibilities. The memoranda of understanding
developed by these agencies underscore the notion that agencies
can and must effectively work together to protect our borders,
and the Committee concurs with the Secretary's comments during
a March 30, 2012, hearing before the subcommittee that the
Department's existing legal authorities are sufficient to
protect our borders adjacent to public lands. Further, the
Committee recognizes that, in fulfilling its border security
responsibilities, the Department should continue to cultivate
and maintain relationships between the agency and State, local,
and tribal officials.
BORDER ROADS
The Committee directs CBP to work with counties along the
United States-Mexico border to identify unimproved county roads
that the Border Patrol requires the use of and that provide
critical access to the border region for the purpose of
maintaining border security. The Committee directs CBP to
provide a briefing on the extent to which these roads are used
and their impact on daily border security operations not later
than 90 days after the date of enactment of this act.
INVASIVE SPECIES
CBP is directed to brief the Committee by March 27, 2013,
on the current activities associated with the control of
invasive species and any mitigation efforts.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Development and deployment................................ 212,377 188,816 188,816
Operations and maintenance................................ 133,248 138,283 138,283
Program management........................................ 54,375 ................ ................
-----------------------------------------------------
Total, Border security fencing, infrastructure, and 400,000 327,099 \1\327,099
technology.........................................
----------------------------------------------------------------------------------------------------------------
\1\A rescission of $92,000,000 of prior year balances is included as a general provision.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
Appropriations, 2012.................................... $503,966,000
Budget estimate, 2013................................... 435,769,000
Committee recommendation................................ 506,766,000
The U.S. Customs and Border Protection [CBP] Air and Marine
Interdiction, Operations, Maintenance, and Procurement [AMO]
account funds the capital procurement and total operations and
maintenance costs of the CBP air and marine program and
provides support to other Federal, State, and local agencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $506,766,000, an increase of
$70,997,000 above the request, to remain available until
September 30, 2015, for air and marine interdiction,
operations, maintenance, and procurement.
The Committee strongly supports CBP's continued efforts to
recapitalize its air and marine assets. Working with the Office
of Air and Marine, the Committee has provided resources to meet
the Department's border security requirements in the air,
coastal, and riverine environments as delineated by the CBP Air
and Marine Recapitalization Plan. Resources to address some of
these requirements are provided in this bill. The Committee
notes the lengthy period of time it takes to procure certain
types of aircraft and other air systems because of the need to
compete with the Department of Defense for these systems. At
the same time, these are mobile border security assets, able to
be transferred rapidly to respond to actual and emerging
threats.
AGING AVIATION ASSETS AND STRATEGIC RECAPITALIZATION REQUIREMENTS
The President's budget proposes an unacceptably steep, 52-
percent cut to the aviation procurement and operations budget
for CBP below the fiscal year 2012 enacted level. CBP's fleet
of aircraft is increasingly aged. More planes are being retired
than are being replaced at a time when there is an increased
demand for their use in the counterdrug, alien smuggling, and
disaster response missions. More than 50 percent of the
aircraft are 35 years old on average. Fixed wing P-3s--which
can find and track boats with drugs or aliens in the source and
transit zone and send that information to CBP and Coast Guard
surface assets for interdiction--are more than 42 years old.
The proposed reduction would result in fewer replacement
aircraft being purchased and combined aircraft flight hours
being cut to only an estimated 65,000 hours in fiscal year
2013, a reduction of more than 40 percent from the peak level
of 106,600 hours in fiscal year 2010, and a reduction of over
20 percent from flight hour allocations for fiscal year 2012.
The Committee recognizes that since the merger of the
legacy U.S. Border Patrol and U.S. Customs Service aviation
programs under CBP in 2005, the CBP's Office of Air and Marine
[OAM] has dramatically increased the efficiency and
effectiveness of CBP air operations in support of the
Department and its international, Federal, State, local, and
tribal partners. Many of these efficiencies were captured
through the acquisition of technologies that then drove or
facilitated changes in CBP air operations including decreased
operations cycle time, effective asset procurement/
modernization, and innovative sensor system integration. These
operations developments have then resulted in expanded mission
functionality, vastly improved detection capability, real-time
customer support, decreased mishaps and system downtime, which
have consequently provided a significant increase in overall
CBP aviation mission effectiveness. The Committee understands
that the aircraft recapitalization plan is nearly complete,
with more than $1,000,000,000 appropriated by Congress from
fiscal year 2006 through fiscal year 2012 to accomplish the
objectives laid out in the long-range plan to replace/upgrade
CBP's aging fleet of aircraft and marine vessels.
The budget request includes funding to continue the P-3
aircraft service life extension effort, continue to upgrade
Black Hawk helicopters, and to purchase the seventh multirole
enforcement aircraft. But at this reduced level of procurement
funding, it will take over 13 years to fully recapitalize CBP's
fleet. As these air assets are fully mobile, they are capable
of rapidly responding to an emerging threat anywhere in the
country.
To address the requirement to replace aging aircraft and
enhance the capabilities of existing systems, the Committee
recommends the following increases above the request:
--$18,567,000 to provide enhanced sensor capabilities for at
least two unmanned aircraft systems which have been
developed by the Department of Defense and tested by
CBP;
--$22,500,000 to procure an additional multirole enforcement
aircraft; and
--$10,930,000 (for a total of $39,000,000) to continue the P-
3 Service Life Extension Program on a schedule to
complete work by 2016.
Additionally, the Committee recommends $19,000,000 above
the request to restore total AMO flight hours for all aircraft
to 96,000 hours, the fiscal year 2011 flight hour level.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and maintenance................................ 365,087 368,799 387,799
Procurement............................................... 138,879 66,970 118,967
-----------------------------------------------------
Total, Air and Marine interdiction, operations, 503,966 435,769 506,766
maintenance, and procurement.......................
----------------------------------------------------------------------------------------------------------------
CONSTRUCTION AND FACILITIES MANAGEMENT
Appropriations, 2012.................................... $236,596,000
Budget estimate, 2013................................... 243,666,000
Committee recommendation................................ 243,666,000
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, customs, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $243,666,000, the same as the
requested amount and $7,070,000 above the enacted level, for
construction and facilities management activities of U.S.
Customs and Border Protection [CBP], to be available until
September 30, 2017.
ADDITIONAL LAND BORDER PORT REQUIREMENTS
The Committee notes that the American Recovery and
Reinvestment Act of 2009, (Public Law 111-5) provided
$420,000,000 for construction, repairs, maintenance, and
security upgrades to CBP-owned ports of entry [POEs]. Of the
167 land border ports of entry, CBP owns 41. The rest are owned
and administered by the General Services Administration [GSA]
or are privately owned and leased, and one is owned by the
National Park Service. The Committee is pleased that through
good stewardship and creative contract management, CBP was able
to reconstruct or renovate 31 CBP-owned ports of entry, 28 of
which were on the Northern Border.
The Committee emphasizes, however, that the largest land
ports of entry, by both trade volume and staffing, are GSA-
owned. It is important that the President request sufficient
resources for the GSA to rebuild and expand these large POEs to
meet growing cargo and passenger traffic, as well as
significant security requirements. While Congress has
significantly enhanced physical security and staffing between
the ports of the entry--especially on the Southwest Border--
similar construction and staffing increases for the POEs
proportional to the requirements have not been requested or
funded. This includes roads leading to and away from the POEs.
As these probably are State or county roads, this issue must be
approached in a comprehensive manner. As security between the
ports has increased, attempts by organizations to smuggle
aliens and contraband through the ports have increased
substantially. This growing threat needs to be addressed via a
comprehensive, multi-Departmental strategy--with significant
involvement by State, tribal, and local officials.
This funding requirement does not account for land
purchases and construction of additional port capacity, traffic
lanes, and security assets. The Committee directs DHS, GSA, and
the Office of Management and Budget to develop a multiyear
strategy to address this growing trade and security problem.
This effort should include recommending alternative options for
funding POE construction and improvements, such as expanded use
of public-private partnerships, as well as any necessary
legislative solutions. The Committee encourages this group to
explore creative solutions currently under evaluation for
existing projects, as well as successful, alternatively funded
public works projects in other countries. The Committee directs
DHS to convene the first strategy session to begin to address
this issue during the first quarter of fiscal year 2013 and to
brief the Committee on the initial results of that session not
later than February 4, 2013.
FIVE-YEAR CONSTRUCTION PLAN
The Committee reminds CBP that the fiscal year 2012
Department of Homeland Security Act made permanent the
requirement that a 5-year plan for all Federal land border
ports of entry shall be submitted annually with the President's
budget request. The fiscal year 2012 plan is more than 3 months
overdue.
The Committee directs the Department to continue to work
with the GSA on its nationwide strategy to prioritize and
address the infrastructure needs at land border POEs and to
comply with the requirements of the Public Buildings Act of
1959 (40 U.S.C. 3301) and seek necessary funding.
The Committee further directs the Department to encourage
the use of small businesses in all phases of the contracting
process for construction and renovation of POEs.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
CONSTRUCTION AND FACILITIES MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year 2013 Committee
2012 enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Facility construction and sustainment...................... 182,500 186,214 186,214
Program oversight and management........................... 54,096 57,452 57,452
----------------------------------------------------
Total, Construction and facilities management........ 236,596 243,666 243,666
----------------------------------------------------------------------------------------------------------------
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2012.................................... $306,802,000
Budget estimate, 2013................................... (\1\)
Committee recommendation................................ 279,133,000
\1\A total of $279,133,000 proposed under U.S. Customs and Border
Protection, ``Salaries and Expenses'' and U.S. Immigration and Customs
Enforcement, ``Salaries and Expenses''.
The United States Visitor and Immigrant Status Indicator
Technology [US-VISIT] account funds the development of a system
to collect, maintain, and share appropriate information through
an integrated information technology system, which determines
the eligibility of aliens for admissions and benefits.
The US-VISIT program office has lead responsibility within
the Department of Homeland Security to work with the Federal
Bureau of Investigation [FBI] on the further integration of the
Automated Biometric Identification System [IDENT] and the FBI's
Integrated Automated Fingerprint Identification System [IAFIS].
COMMITTEE RECOMMENDATIONS
The Committee recommends $279,133,000, as a new account
within U.S. Customs and Border Protection [CBP], to remain
available until September 30, 2014, for US-VISIT.
TRANSFER OF US-VISIT
The Committee supports the proposed transfer of US-VISIT.
However, there remain significant concerns over the depth of
the analysis that has been completed to support which functions
should be assigned to various entities across the Department
and what level of resources should accompany those
responsibilities. Therefore, the Committee recommends that US-
VISIT be transferred in full as a stand-alone appropriation of
CBP, rather than incorporated within the ``Salaries and
Expenses'' appropriation of CBP and ICE. This does not reflect
the Committee's disapproval of the ICE transfer but a deferral
of this transfer until the proper level of funding is validated
to support the visa overstay function. In addition to CBP and
ICE, the Committee directs the Secretary to expand the review
of the proper placement of the functions of US-VISIT, to
determine whether some responsibilities might better be carried
out by the Office of International Affairs or the Screening
Coordination Office within the Office of Policy. The updated
justification and transition of US-VISIT functions and funds
within the Department shall be included in the President's
fiscal year 2014 budget request. CBP and the National
Protection and Program Directorate shall brief the Committee on
the transition plan no later than July 31, 2012.
IDENTITY SCREENING SERVICE PROVIDER
While US-VISIT was launched in response to congressional
mandates for an automated, integrated entry-exit system, the
program has been providing significant and indispensable
support to the operational missions of CBP, United States
Citizenship and Immigration Services, U.S. Immigration and
Customs Enforcement, the Transportation Security
Administration, the Coast Guard, and other DHS components. But
both US-VISIT's innovative biometrics-based and biographics-
based technology solutions have evolved the program into
something far more valuable to securing our Nation.
Additionally, US-VISIT offers an opportunity for sharing
information and collaborative planning and problem solving
among biometric stakeholders at the Departments of State,
Justice, Defense, and the Intelligence Community. In 2009, US-
VISIT established an Executive Stakeholder Board [ESB], the
program's advisory body which provides valuable guidance and
feedback on US-VISIT operations and strategies. The ESB offers
a platform for discussing how US-VISIT's services can or should
be adapted to fit the needs of its partners and enables US-
VISIT to better serve its customers at a strategic level. The
Board is composed of senior executives from all DHS operational
components as well as DHS support organizations. Senior
officials from the Departments of Justice, State, and Defense
also sit on the Board. Recognizing the need to maintain strong
governance of the US-VISIT program, bill language has been
included maintaining the active role of the Executive
Stakeholder Board.
FUTURE BIOGRAPHIC/BIOMETRIC CAPABILITIES
The Committee recommendation includes $1,500,000 to begin
implementation of a program exchanging the entry data for third
country nationals, permanent residents of Canada, and U.S.
lawful permanent residents in the United States, who enter
through all automated common Northern Border land ports of
entry. This funding will cover the implementation of a real-
time interface to exchange entry/exit biographic data on
travelers between Canada and the United States. The Committee
notes, according to the Comprehensive Biometric Air Exit Plan
of May 11, 2012, the Secretary has directed S&T to work with
CBP to conduct an objective analysis of previous air exit
pilots, collect information to address knowledge gaps, and
develop recommendations to inform biometric exit planning and
implementation. S&T, with CBP's assistance, is working with
subject matter experts within and external to the Department,
including National Institute for Standards and Technology. The
goals of this collaboration are to: evaluate recent information
about relevant foreign and private-sector biometric technology
deployments; review available documentation from previous
pilots; and develop an evaluation framework. The Committee
understands that following the analysis the Department will
begin testing within the year and plans to advance to
operational testing and evaluation by 2015, and consideration
of deployment by 2016.
The Committee directs the Secretary to report to the Senate
Committees on Appropriations, the Judiciary, and Homeland
Security and Governmental Affairs within 120 days after the
date of enactment of this act, and to brief the Committee
semiannually thereafter, on the Department's tangible progress
in implementing an enhanced biographic exit system and
biometric exit planning. The report shall include the results
of the Canadian pilot programs and provide an update on the
Mexican pilot program.
BRIEFINGS
All current briefings on US-VISIT programs shall continue
to be provided on a semiannual basis.
U.S. Immigration and Customs Enforcement
SUMMARY
U.S. Immigration and Customs Enforcement [ICE] is
responsible for enforcing immigration and customs laws and
detaining and removing deportable or inadmissible aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $5,642,103,000,
including direct appropriations of $5,330,234,000, and
estimated fee collections of $311,869,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 5,528,874 \1\5,296,692 \2\5,294,734
Automation modernization.............................. 21,710 30,500 30,500
Construction.......................................... ................ 5,000 5,000
-----------------------------------------------------
Total, Appropriations............................... 5,550,584 5,332,192 5,330,234
=====================================================
Estimated Fee Collections:
Immigration inspection user fee....................... 116,869 116,869 116,869
Breached bond/detention fund.......................... 75,000 75,000 75,000
Student exchange and visitor fee...................... 120,000 120,000 120,000
-----------------------------------------------------
Total, Estimated fee collections.................... 311,869 311,869 311,869
=====================================================
Total, Available funding............................ 5,862,453 5,644,061 \2\5,642,103
----------------------------------------------------------------------------------------------------------------
\1\Includes $17,610,000 requested for US-VISIT.
\2\Excludes $18,000,000 made available by transfer from US-VISIT and includes $5,000,000 for transfer to the
Department of Justice.
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2012.................................... $5,528,874,000
Budget estimate, 2013...................................\1\5,296,692,000
Committee recommendation................................\2\5,294,734,000
\1\Includes $17,610,000 requested for US-VISIT.
\2\Excludes $18,000,000 made available by transfer from US-VISIT and
includes $5,000,000 for transfer to the Department of Justice.
The ICE Salaries and Expenses account provides funds for
the enforcement of immigration and customs laws, intelligence,
and detention and removals. In addition to directly
appropriated resources, funding is derived from the following
offsetting collections:
Immigration Inspection User Fee.--ICE derives funds from
user fees to support the costs of detention and removals in
connection with international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Student Exchange Visitor Program Fee.--ICE collects fees
from foreign students, exchange visitors, and schools and
universities to certify and monitor participating schools, and
to conduct compliance audits.
Immigration Breached Bond/Detention Fund.--ICE derives
funds from the recovery of breached cash and surety bonds in
excess of $8,000,000 as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356); and from a portion of fees
charged under section 245(i) of the Immigration and Nationality
Act to support the cost of the detention of aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,294,734,000, for salaries and
expenses of ICE for fiscal year 2013 (excluding $18,000,000
made available by transfer from US-VISIT and including
$5,000,000 for transfer to the Department of Justice). The
Committee includes bill language placing a $35,000 limit on
overtime paid to any employee; making up to $10,000,000
available for special operations; making up to $2,000,000
available for the payment of informants; making up to
$11,216,000 available to reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens; making not less than
$305,000 available for promotion of public awareness of the
child pornography tipline and anti-child exploitation
activities; making not less than $5,400,000 available to
facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act; limiting the use of funds for
facilitating agreements consistent with section 287(g) of the
Immigration and Nationality Act to the same activities funded
in fiscal year 2005; making $15,770,000 available for
activities to enforce laws against forced child labor, of which
$6,000,000 shall remain available until expended; making up to
$11,475 available for official reception and representation
expenses; making $10,300,000 available until September 30,
2014, for the Visa Security Program, and bill language allowing
support for overseas vetted units.
The Committee does not recommend the $6,163,000 increase
for collocation of ICE facilities and, as discussed under U.S.
Customs and Border Protection [CBP], does not include the
proposed increase for ICE of $17,610,000 for overstay analysis
as part of the US-VISIT program. Instead, the Committee
includes transfer authority from CBP to ICE of $18,000,000 for
that purpose. As discussed in greater detail below, the
Committee recommends increases for overseas vetted units,
detention beds, and the transportation and removal program.
INVESTIGATIONS
The Committee notes that in fiscal year 2011, ICE disrupted
or dismantled more than 140 transnational criminal
organizations capable of laundering over $1,000,000,000 in
illegal proceeds and illegally exporting 50,000 pieces of
controlled technology. One such activity is Operation Global
Shield, a program designed to thwart the smuggling of precursor
chemicals that could be used to build improvised explosive
devices, which are weapons commonly used against American
troops and U.S. interests overseas. It initially began in
November 2010 as a pilot project with more than 70
participating nations that shared information about 14
precursor chemicals. Based on its initial success and
importance to multiple countries, the World Customs
Organization's 177 members voted to continue Program Global
Shield as a long-term program in June 2011. This was the first
time that the international community, as a whole, addressed
the threat posed by these dangerous precursor chemicals. With
real-time information and intelligence sharing, partners are
now better equipped to identify whether or not shipments are
legitimate.
The Committee encourages ICE to expand the use of
ballistics imaging technology and other methods, including the
capture and transfer of all ballistics images from guns seized
through southbound inspections or by Mexican authorities, to
trace weapons used in criminal acts in Mexico.
TRADE COMPLIANCE AND ENFORCEMENT
The Committee notes that Intellectual Property Rights [IPR]
violations, including piracy of not-yet-released movies, is a
significant revenue source for transnational criminal
organizations including Mexican drug cartels. According to
officials at the IPR Coordination Center, these violations are
a low-risk/high-profit type of crime. The Center sees more
organized crime groups move into it because of the high-dollar
value to it.
The Committee fully funds the request for trade enforcement
activities, including $10,000,000 for IPR enforcement, to
enhance IPR supply/distribution chain management to improve
targeting and ensure shipments of authentic goods are released
without delays.
CBP and ICE are directed to jointly brief the Committee by
March 27, 2013, on the ongoing efforts to improve commercial
trade enforcement and intellectual property rights, including
the status of implementing the trade compliance enforcement
strategy and efforts to improve coordination and collaboration
between CBP and ICE field offices.
OVERSEAS VETTED UNITS OPERATIONS
ICE works closely with its partners in law enforcement in
many countries around the world. One tool that has proven
especially important has been the use of vetted units, both to
combat smuggling before it reaches the shores of the United
States as well as to build law enforcement capacity within the
host country. The Committee recommends $5,000,000 above the
request for the Office of Investigations to be dedicated to the
support of vetted units. Given the importance of this activity,
the Committee directs ICE to specifically provide funds in the
fiscal year 2014 request to sustain these efforts.
LAW ENFORCEMENT SUPPORT CENTER
The Committee recommends $34,900,000, as requested, for
operations and investigative activities at the Law Enforcement
Support Center [LESC].
In fiscal year 2012, the LESC's operations unit is
projected to respond to over 1.3 million immigration alien
queries. Likewise in fiscal year 2012, the LESC's National
Crime Information Center [NCIC] unit is projected to administer
nearly 300,000 ICE warrants located in the NCIC system. The
LESC Communications Center provides instant NCIC warrant
confirmation to law enforcement agencies around the clock,
places immigration detainers on fugitives, and provides real-
time immigration status checks to ICE officers nationally and
internationally. The Committee continues to strongly support
the LESC as it assists ICE in carrying out its mission to
apprehend criminal aliens residing in the United States, and to
facilitate State and local cooperation in this effort.
The Committee notes that the LESC and the Fugitive
Operations Support Center [FOSC] play critical roles supporting
local law enforcement officials while performing law
enforcement actions in the field, as well as conducting
analyses about the status and location of fugitive aliens. In
fiscal year 2013, the LESC will continue to be an important
component of DHS' Secure Communities program and serve as the
single point of contact for Secure Communities queries from all
3,181 jurisdictions from across the United States.
The Committee understands that both the LESC and the FOSC
are playing important and growing roles in analysis of visa
overstays as part of ICE's immigration enforcement agenda. The
Committee directs ICE to brief the Committee within 90 days
after the date of enactment of this act on the support the LESC
and FOSC provide to ICE in regard to visa overstay analysis,
including the resources and staffing supporting this effort. In
order to promote efficiency, the Committee recommends that ICE
fully utilize current operations being carried out at the LESC
and avoid unnecessary duplication of these activities at other
locations around the country.
VISA SECURITY PROGRAM
The Visa Security Program, mandated in section 428 of the
Homeland Security Act of 2002 (Public Law 107-296), extends the
border overseas to prevent terrorists and other criminals from
receiving U.S. visas. The ICE Office of International Affairs
has developed a multiyear plan which includes a prioritized
expansion to the 57 highest-risk visa issuing posts. According
to the plan, the program will cover approximately 75 percent of
the highest risk visa activity posts by 2013. In fiscal year
2011, ICE agents screened 1,172,388 visa applications at the
existing overseas consular ports and, in collaboration with the
Department of State, determined that 167,843 applications
required further review. Of those reviewed, visa security
program agents recommends refusal of more than 5,083
applicants. The Committee recommends $32,616,000, as requested,
to fully fund visa security programs and activities. Of the
total amount provided for the Visa Security Program, bill
language is included making $10,300,000 available for
obligation through September 30, 2014.
IMMIGRATION ENFORCEMENT
The role of the Appropriations Committee is to provide the
resources necessary to enforce enacted laws and administration
policy. The Committee takes seriously its role with regard to
providing sufficient resources within constrained budgets to
effectively and efficiently enforce immigration laws.
Maintaining an adequate number of detention beds is
critical to ensuring the integrity of our entire immigration
enforcement system, including border enforcement, while at the
same time preventing a return to the ill-advised ``catch and
release'' policy. The Committee notes that in fiscal year 2011,
ICE removed a total of 396,906 illegal aliens compared with
240,665 in fiscal year 2004.
According to the justification documents submitted with the
President's budget request, ``ICE estimates there are 1.9
million removable criminal aliens in the U.S. today.'' These
are criminal aliens who pose a threat to our communities and
are deemed removable. Over the years, this Committee has
provided ICE with more funding than has been requested to
enforce immigration laws--including the removal of criminal
aliens. Given the fact that the administration states that
there are such a large number of removable criminal aliens and
the ongoing responsibility to support CBP and border
enforcement, it is necessary to provide sufficient resources.
The Committee includes $1,986,081,000, $26,718,000 above the
request, to fully fund 33,400 detention beds. This is the same
level of beds mandated in fiscal years 2010 and 2011.
The bill contains language directing that a detention bed
level of 33,400 beds shall be maintained throughout fiscal year
2013.
ALTERNATIVES TO DETENTION
The Committee recommends $96,687,000 for the Alternatives
to Detention [ATD] program. This is $14,903,000 below the
request and $24,314,000 above the enacted level. ICE has
recently made the decision to more aggressively make use of the
ATD program. In order for ICE to properly categorize aliens in
custody, resources must be available for both detention beds
and ATD. This is necessary as ICE is required to detain those
posing the greatest threat to the community while also using
ATD to effectively monitor lower risk individuals awaiting
court hearings or final orders of removal. In the past few
years, ICE has not effectively maximized the use of the ATD
program. The Committee directs ICE to provide greater
transparency on its use of the program--including providing
quarterly briefings on the results of any evaluations of the
program by field offices. ICE should post on its Web site any
contractor evaluations and OIG reports related to the ATD
program.
TRANSPORTATION AND REMOVAL PROGRAM
The Committee recommends $263,227,000, $5,000,000 above the
request and $13,405,000 below the enacted level, for the
Transportation and Removal Program. The funds above the request
will support additional removals resulting from the increase in
detention beds.
SECURE COMMUNITIES
The Committee continues its support of the Secure
Communities program and recommends $138,713,000, as requested.
This program facilitates State and local law enforcement
authorities sharing of fingerprints with Federal authorities to
determine if criminal offenders are illegally present in the
United States so that ICE may initiate removal of illegal
aliens who pose a threat to public safety. ICE's focus on
prioritizing removal of criminal aliens continues to grow. In
fiscal year 2008 there were 114,415 convicted criminal alien
removals. In fiscal year 2011 there were 216,698 convicted
criminal alien removals--an 89-percent increase since fiscal
year 2009. One hundred thirty thousand criminal aliens have
been removed from the United States through the Secure
Communities program, nearly 53,000 of whom have committed an
aggravated felony, such as murder or sexual assault, or
multiple felonies. Secure Communities' use of this biometric
matching capability has expanded from 14 communities in 2008 to
2,504 communities as of March 31, 2012. With the funds
recommended in this bill, Secure Communities will be
implemented nationwide during 2013.
The Committee has strongly supported the Secure Communities
program since its creation as part of the fiscal year 2008
Department of Homeland Security Appropriations Act. According
to an April 22, 2011, Congressional Research Service memorandum
regarding quantifying the criminal alien population, in fiscal
year 2008 non-U.S. citizens comprised 7.1 percent of the U.S.
population while comprising 23.1 percent of the Federal prison
population. Clearly there are significant numbers of criminal
aliens who should be identified and removed upon the completion
of their prison sentences.
While there have been concerns expressed about its
implementation, two recent DHS Office of Inspector General
reports (OIG-12-64 and OIG-12-66) addressed many of these
concerns. Regarding complaints by some outside observers that
ICE and DHS have not effectively communicated its plans for the
program, one report stated, ``We did not find evidence that ICE
intentionally misled the public or states and local
jurisdictions during implementation of Secure Communities''. As
for the overall effectiveness of the program achieving its
goals, a second OIG report stated, ``Secure Communities was
effective in identifying criminal aliens, and in most cases,
ICE officers took enforcement actions according to agency
enforcement policy . . . Under Secure Communities, the agency
expanded its ability to identify criminal aliens in areas not
covered by its other programs.'' The report further indicated
that some of those illegal immigrants would likely have gone
unnoticed if not for Secure Communities.
The Committee directs ICE to immediately resolve the open
items listed in OIG-12-64 and OIG-12-66, publish its response
on its Web site, and brief the Committees on the specific steps
it has taken to resolve/implement the recommendations.
The Committee has included bill language, as requested,
ensuring that all illegal aliens encountered when enforcing our
immigration laws are apprehended. The Committee also directs
ICE to continue to provide quarterly briefings on progress
being made in implementing the Secure Communities program. The
briefings shall include Secure Communities' impact on removals
reporting at the level of detail of the quarterly detention and
removals report. Additionally, the briefings shall include
quarterly data on the number of instances in which Secure
Communities identifies when someone who is arrested is in this
country illegally, the number of times ICE issues a detainer on
such individuals, the major categories for the reasons why a
decision is made to issue or not issue a detainer, and the
number deported. The first briefing should occur no later than
45 days after the date of enactment of this act.
287(G)
The Committee recommends $51,300,000, as requested,
$17,000,000 below the enacted level, for the 287(g) program.
The Committee notes that the Secure Communities program will be
operational nationwide in 2013. Secure Communities deployments
have increased criminal alien identifications and removals by
89 percent since 2009. At the same time certain types of 287(g)
agreements have proven to be a cost inefficient method for
identifying and removing aliens. In fiscal year 2011, the task
force 287(g) model cost almost $6,000 on average per removal,
while the jail 287(g) model cost just under $2,000 on average
per removal. Additionally, of the 30 task force 287(g)
Memoranda of Agreements in effect, 9 identified no aliens for
removal in fiscal year 2011. The Secure Communities screening
process is more consistent, efficient, and cost effective in
identifying and removing criminal and other priority aliens. To
implement this reduction in fiscal year 2013, ICE will be
discontinuing the least productive 287(g) task force agreements
in those jurisdictions where Secure Communities is already in
place.
EXECUTIVE OFFICE OF IMMIGRATION REVIEW
The Committee includes $5,000,000, as requested, for
reducing the nondetained docket at the Department of Justice's
Executive Office of Immigration Review [EOIR]. The Assistant
Secretary of ICE is directed to brief the Committee not later
than 60 days after the date of enactment of this act on how
these funds will be applied nationwide, and the specific
projects to be undertaken with EOIR to make improvements and
expedite action on the nondetained docket.
U.S. CITIZEN CHILDREN OF REMOVED ALIENS
The Committee is aware that there may have been instances
in which U.S. citizen children of aliens facing removal were
subject to foster home or adopted placement without proper
consultation of the child's parents or legal guardians. Within
30 days of the enactment of this act, the Committee directs ICE
to brief the Committee on the agency's capabilities to
identify, track, and report on the scope of this issue, the
status of unaccompanied alien children after the removal or
departure of their parent or legal guardian, and the procedures
currently followed regarding children who remain in the United
States after the deportation or removal of their parent. The
briefing should also include details on any national guidelines
or laws regarding this issue and, if appropriate, any State
laws.
The Committee directs ICE to continue to submit the
semiannual report on ``Deportation of Parents of U.S.-Born
Citizens''.
DETENTION AND REMOVAL REPORTING
ICE is directed to continue to provide semiannual detention
and removal reports at the same level of detail as directed in
Senate report 112-74.
FORENSIC EVIDENCE PROTOCOLS
The Committee directs CBP and ICE to brief jointly the
Committee not later than April 12, 2013, on what standardized
policies for treatment of forensic evidence from crime scenes
against Federal officials or others when local agencies are
involved are currently in use, whether or not separate
memoranda of understanding are necessary with local
jurisdictions, and if all guns, bullet casings, and shells are
put through Federal systems such as E-trace and the National
Integrated Ballistics Imaging Network.
TRAINING REGARDING HUMAN TRAFFICKING
ICE plays a critical role in investigating criminal
organizations which traffic individuals into the United States.
The Committee encourages ICE to work with appropriate nonprofit
organizations and victim service providers to improve the
training of ICE officers in the field to assist in the
identification of human trafficking victims, especially
children, and provide appropriate referrals to victim service
organizations.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year 2013 Committee
2012 enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, management, and administration:
Personnel compensation and benefits, services, and 233,251 220,122 213,959
other costs...........................................
Headquarters-managed IT investment..................... 184,227 157,188 157,188
----------------------------------------------------
Subtotal, Headquarters, management, and 417,478 377,310 371,147
administration......................................
====================================================
Legal proceedings.......................................... 215,935 207,580 207,580
====================================================
Investigations:
Domestic investigations................................ 1,725,234 1,672,526 \2\1,654,916
International operations............................... 114,928 110,370 115,370
Visa Security Program.................................. 33,889 32,616 32,616
----------------------------------------------------
Subtotal, Investigations........................... 1,874,051 1,815,512 1,802,902
====================================================
Intelligence............................................... 81,503 78,748 78,748
====================================================
Detention and removal operations:
Custody operations..................................... 2,050,545 1,959,363 1,986,081
Fugitive operations.................................... 154,597 132,925 132,925
Criminal Alien Program................................. 196,696 216,724 216,724
Alternatives to detention.............................. 72,373 111,590 \3\96,687
Transportation and Removal Program..................... 276,632 258,227 263,227
----------------------------------------------------
Subtotal, Detention and removal operations........... 2,750,843 2,678,829 2,695,644
====================================================
Secure Communities......................................... 189,064 138,713 138,713
====================================================
Total, Salaries and expenses......................... 5,528,874 \1\5,296,692 \4\5,294,734
----------------------------------------------------------------------------------------------------------------
\1\Includes $17,610,000 requested for US-VISIT.
\2\Excludes $18,000,000 made available by transfer from US-VISIT.
\3\Includes $5,000,000 for transfer to the Department of Justice.
\4\Excludes $18,000,000 made available by transfer from US-VISIT and includes $5,000,000 for transfer to the
Department of Justice.
AUTOMATION MODERNIZATION
Appropriations, 2012.................................... $21,710,000
Budget estimate, 2013................................... 30,500,000
Committee recommendation................................ 30,500,000
The Automation Modernization account provides funds for
major information technology [IT] projects for U.S. Immigration
and Customs Enforcement [ICE], including the Atlas Program,
modernization of TECS (formerly known as the Traveler
Enforcement and Compliance System), modernization of Detention
and Removal Operations' IT systems for tracking detainees (DRO
Modernization), and other systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total of $30,500,000, the same
as the request. These funds are to remain available until
September 30, 2017.
The Committee directs that, of the funds made available to
this account, priority shall be given to TECS modernization.
The Committee also continues the requirement for semiannual
briefings on this activity.
CONSTRUCTION
Appropriations, 2012....................................................
Budget estimate, 2013................................... $5,000,000
Committee recommendation................................ 5,000,000
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, detention, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,000,000, as requested, to
remain available until September 30, 2014. The Department
intends that carryover funds within the Construction account
will be used for emergency repairs and alterations, especially
those focused on life and safety.
Transportation Security Administration
The Transportation Security Administration [TSA] is charged
with ensuring security across U.S. transportation systems,
including aviation, railways, highways, pipelines, and
waterways, and safeguarding the freedom of movement of people
and commerce. Separate appropriations are provided for the
following activities within TSA: aviation security; surface
transportation security; transportation threat assessment and
credentialing; transportation security support; and Federal Air
Marshals.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$7,633,436,000 and a net of $4,918,716,000 for the activities
of TSA for fiscal year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
TRANSPORTATION SECURITY ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation Security...................................... 5,253,956 5,098,639 5,087,490
Aviation Security Capital Fund (mandatory)............. 250,000 250,000 250,000
Surface Transportation Security........................ 134,748 124,276 124,276
Transportation Threat Assessment and Credentialing 163,954 192,631 192,631
(direct appropriations)...............................
Transportation Threat Assessment and Credentialing (fee- 40,320 79,720 79,720
funded programs)......................................
Transportation Security Support........................ 1,031,926 969,709 969,709
Federal Air Marshals................................... 966,115 929,610 929,610
--------------------------------------------------------
Total, Transportation Security Administration 7,841,019 7,644,585 7,633,436
(gross).........................................
========================================================
Offsetting Fee Collections--current law................ -2,030,000 -2,070,000 -2,070,000
Offsetting Fee Collections--proposed increase.......... ................. -115,000 -315,000
Aviation Security Capital Fund (mandatory)............. -250,000 -250,000 -250,000
Fee Accounts [TTAC].................................... -40,320 -79,720 -79,720
--------------------------------------------------------
Total, Transportation Security Administration 5,520,699 5,129,865 4,918,716
(net)...........................................
----------------------------------------------------------------------------------------------------------------
Aviation Security
Appropriations, 2012.................................... $5,253,956,000
Budget estimate, 2013................................... 5,098,639,000
Committee recommendation................................ 5,087,490,000
The Transportation Security Administration [TSA] Aviation
Security account provides for Federal aviation security,
including screening of all passengers and baggage, deployment
of on-site law enforcement, continuation of a uniform set of
background requirements for airport and airline personnel, and
deployment of explosives detection technology.
The aviation security activities include funding for:
Federal transportation security officers [TSOs] and private
contract screeners; air cargo security; procurement,
installation, and maintenance of explosives detection systems;
checkpoint technologies and support; and other aviation
regulation and enforcement activities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,087,490,000 for Aviation
Security, $11,149,000 below the amount requested and
$166,466,000 below the fiscal year 2012 level.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
AVIATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screening Operations................................... 4,167,631 4,022,439 3,999,790
Aviation Security Direction and Enforcement............ 1,086,325 1,076,200 1,087,700
Aviation Security Capital Fund (mandatory)............. [250,000] [250,000] [250,000]
--------------------------------------------------------
Total, Aviation Security......................... 5,253,956 5,098,639 5,087,490
----------------------------------------------------------------------------------------------------------------
AVIATION SECURITY FEES
The President's budget assumes fiscal year 2013 aviation
security fee collections of $2,659,000,000, including a
proposal to collect an additional $317,000,000 through an
increase in the fee passengers pay. The Congressional Budget
Office, in its analysis of the President's budget, has re-
estimated collections from aviation security fees to be
$2,635,000,000. According to estimates by the Congressional
Budget Office, this amount is made up of $2,215,000,000 from
passengers and $420,000,000 from air carriers. The amount
estimated to come from passengers includes the administration's
proposal to modify aviation passenger fees in fiscal year 2013
by applying a flat fee of $5.00 per one-way trip. The Aviation
and Transportation Security Act (Public Law 107-71) mandated
that TSA impose a flat fee of $2.50 fee for a one-way trip with
no stops and a $5.00 fee for a trip with one or more stops.
This change is estimated to generate an additional $315,000,000
in offsetting collections. The President's request proposes to
dedicate $115,000,000 of the collections to aviation security
costs and $200,000,000 to debt reduction.
Security costs covered by offsetting fee collections
represented 32 percent of aviation security costs in fiscal
year 2005 as compared to 24 percent in fiscal year 2012 even
though passenger volume increased by 2 percent during that time
period. The Committee recommendation includes bill language for
fiscal year 2013 requiring a $5.00 flat fee per one-way trip
with the additional offsetting collections being assigned to
aviation security. This will ensure that aviation customers,
not general taxpayers, pay for a portion of the growth in
aviation security costs. The additional offsetting collections
generated by this change will be dedicated to aviation
security. The Committee has not approved the President's
proposal to provide the Secretary with permanent authority to
increase aviation security fees, a proposal that should be
considered by the Committee of jurisdiction.
The Committee is also concerned about the impact airline
checked baggage fees are having on security at airport
checkpoints. According to TSA, there has been a notable change
in carry-on baggage volume that directly correlates to the
imposition of these fees. This has increased checkpoint
security requirements and processing times. According to DHS,
in 2000, it cost less than $1 to screen each passenger and
accompanying baggage. Following the 2006 plot to use liquid
explosives and the 2009 Christmas Day attempted bombing using
nonmetallic explosives, TSA made significant investments in
technology capable of detecting such threats. In addition, TSA
has invested significant resources to streamline checked
baggage screening with the installation of in-line systems,
making airport lobbies more efficient and secure. In fiscal
year 2011, the average cost for TSA to screen a passenger and
accompanying baggage has increased to nearly $9, due in part to
airline imposed checked baggage fees that have resulted in TSA
screening 56 million additional carry-on bags at airport
checkpoints annually. As a result of additional carry-on
luggage at airport security checkpoints, TSA estimates it is
spending an additional $260,000,000 to support passenger
throughput rates, which is detracting from other security
programs. The Committee encourages the Department to seek
legislation authorizing TSA to recoup these costs from the
airlines.
SCREENING OPERATIONS
The Committee recommends $3,999,790,000 for TSA screening
operations, $22,649,000 below the amount requested and
$167,841,000 below the fiscal year 2012 level. The
recommendation also includes a reduction of over $100,000,000
in requested administrative reductions, management savings, and
other efficiencies.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
SCREENING OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screener Workforce:
Privatized Screening Airports......................... 144,193 143,190 143,190
Screener personnel, compensation, and benefits........ 3,025,771 3,107,649 3,100,000
-----------------------------------------------------
Subtotal, Screener Workforce...................... 3,169,964 3,250,839 3,243,190
=====================================================
Screener Training and Other............................... 249,796 225,012 225,012
Checkpoint Support........................................ 204,768 120,239 115,239
Explosives Detection Systems/Explosives Trace Detection
[EDS/ETD]:
EDS procurement and installation...................... 222,738 117,349 107,349
Screening technology maintenance and utilities........ 320,365 309,000 309,000
=====================================================
Subtotal, EDS/ETD Systems........................... 543,103 426,349 416,349
=====================================================
Total, Screening Operations......................... 4,167,631 4,022,439 3,999,790
----------------------------------------------------------------------------------------------------------------
PRIVATIZED SCREENING AIRPORTS
The Committee recommends $143,190,000 for privatized
screening airports, the same amount as requested in the budget
and $1,003,000 below the fiscal year 2012 level. The budget
request supports funding requirements for the 17 airports that
participate in the program.
TSA shall notify the Committee if the agency expects to
spend less than the appropriated amount due to situations where
no additional airports express interest in converting, either
fully or partially, to privatized screening, or where airports
currently using privatized screening convert to using Federal
screeners. TSA shall adjust its PPA line items, and notify the
Committee within 10 days, to account for any changes in private
screening contracts, including new awards under the Screener
Partnership Program [SPP], or the movement from privatized
screening into Federal screening. The Committee also expects to
be briefed on any proposed changes being considered for the SPP
program.
As TSA implements new statutory requirements for privatized
screening, the Committee expects TSA to not approve any new
contract application where privatized screening does not
currently exist if the annual cost of the contract exceeds the
annual cost to TSA of providing Federal screening services at
that airport.
SCREENER PERSONNEL, COMPENSATION, AND BENEFITS
The Committee recommends $3,100,000,000 for screener
personnel, compensation, and benefits, $7,649,000 below the
amount requested and $74,229,000 above the fiscal year 2012
level. The recommendation includes necessary resources for TSA
to staff 1,250 Advanced Imaging Technology units funded in
prior years and annualize 145 behavior detection officers
funded in fiscal year 2012. TSA has indicated that the last 250
AIT machines funded in fiscal year 2012 will be fielded later
than originally anticipated in the budget request. Therefore,
the recommended amount for AIT staffing is reduced by
$7,649,000 below the request.
The Committee does not include a statutory cap on TSA
screening personnel. Consistent with the 9/11 Act, the
Secretary of Homeland Security shall recruit and hire screeners
as may be necessary to provide appropriate levels of aviation
security and to ensure that average passenger wait times do not
exceed 10 minutes.
SCREENER TRAINING AND OTHER
The Committee recommends $225,012,000 for screener training
and other, the same amount as requested in the budget and
$24,784,000 below the fiscal year 2012 level. Funds are
provided to support training of Transportation Security
Officers [TSOs] and other direct costs associated with TSO
operations, such as: consumable supplies, checkpoint janitorial
services, travel for the National Deployment Force, uniform
allowances, hazardous materials disposal, and a model workforce
program. The reduction from fiscal year 2012 reflects one-time
costs for the initial stand up of AIT units in prior years and
support for new behavior detection officers hired in fiscal
year 2012. In addition, requested reductions in administrative
costs and other efficiencies are included in the recommended
level.
CHECKPOINT SUPPORT
The Committee recommends $115,239,000 for checkpoint
support, $5,000,000 below the amount requested in the budget
and $89,529,000 below the fiscal year 2012 level. Funds are
provided to field test and deploy equipment for passenger
screening, carry-on baggage screening, checkpoint
reconfiguration, electronic surveillance of checkpoints, and
operational integration of systems. As requested, funds are
available in fiscal year 2013 to purchase: next generation
explosives trace detectors; advanced technology; and bottled
liquid scanners. The reduction below the request shall be
offset by an identical amount in unobligated balances for this
account that have remained unspent for over 5 years. There is
no reason for prior year balances to languish for such a long
period of time.
FIVE-YEAR STRATEGIC PLAN OF INVESTMENTS
TSA's budget submission, as it is currently structured,
provides limited understanding of TSA's total acquisition costs
for passenger screening technologies and how these technologies
link to TSA's near-term and long-term vision for its screening
responsibilities. It is important for the Committee to have a
better understanding of future acquisition needs and the
resources necessary to execute them. While the budget
justification includes the total number of assets necessary to
meet full operating capability, it does not include a future-
years financial plan to achieve the desired end state.
Therefore, the Committee directs TSA to include a 5-year budget
estimate within its fiscal year 2014 congressional budget
justification that includes projected funding levels for the
next 5 fiscal years individually for all passenger screening
technology acquisitions. The plan shall also indicate the total
cost and estimated completion date for each technology.
ADVANCED IMAGING TECHNOLOGY
TSA has received funding for 1,250 Advanced Imaging
Technology [AIT] machines, of which approximately 700 units
have been fielded. Within this amount, approximately 450 of the
machines are made with a technology called ``millimeter wave''
and 250 machines are made with ``backscatter'' technology. The
``millimeter wave'' machines have been installed with software
called ``Automated Target Recognition'' which automatically
displays a generic outline of the passenger instead of a real
image. With this technology, TSA human operators are no longer
required to survey the real image. Backscatter units still
require a human operator to view the passenger's real image.
The request includes no funding for additional AIT units in
fiscal year 2013 due to the time it takes to develop next
generation AIT technology. The Committee is aware of efforts by
TSA to pursue the procurement of enhanced AIT machines with
reduced processing time, increased detection performance, and a
reduction in size. In addition, the Science and Technology
Directorate is working with TSA to develop a future-generation
unit that would allow for an even smaller threat item to be
detected and allow passengers to walk-through the unit instead
of requiring the passenger to remain stationary.
TSA is to continue its frequent briefings on AIT. The
briefings are to include: procurement details; cost; schedule;
associated staffing requirements; utilization rates;
deployments; throughput rates; progress on ATR deployment for
backscatter units; progress on the development of AIT-2 and
next-generation units; and any changes to requirements for full
operating capability. These briefings shall also include plans
to address the recommendations in the Government Accountability
Office's January 2012 classified report on AIT, including
associated timelines to (1) improve the technology, (2) use the
technology with other deployed technologies, and (3) address
any utilization issues identified in GAO's report. In addition,
TSA shall brief on the staffing implications of using ATR as
part of the AIT system and how ATR impacts AIT detection
capabilities.
ADVANCED IMAGING TECHNOLOGY STUDY
Airline passengers have raised concerns that there has not
been adequate study of the potential health risks that may be
associated with the use of Advanced Imaging Technology [AIT]
scanning machines at airport security screening checkpoints.
Therefore, within the funding provided, the Committee instructs
the Secretary to allocate resources for an independent study of
the potential health risks associated with these technologies,
including backscatter x-ray and millimeter wave technologies.
The study shall be conducted by an independent laboratory
selected by the Secretary, in consultation with the Nuclear and
Radiation Studies Board of the National Academy of Science, the
National Science Foundation, and the Science and Technology
Directorate of the Department, from among laboratories with
expertise in the conduct of similar studies. In addition, in
consultation with the foregoing entities, the Secretary shall
convene an independent panel of experts to evaluate the results
of this study to consider any risk posed by AIT from a public
health perspective in addition to the individual risk to each
airline passenger.
Among other things, the study should evaluate the possible
malfunctions and fail-safe mechanisms of such machines as well
as the radiation emissions of AIT. To the maximum extent
practicable, the study shall ensure that any tests performed
are replicable and the results are subject to peer review. The
independent panel of experts should evaluate the results of the
study as well as a review of relevant clinical and academic
literature, to assess the health risks posed by AIT to certain
individuals screened or affected by such machines, including:
frequent air travelers; employees of the Transportation
Security Administration; flight crews and other individuals who
work at airports; and individuals with greater sensitivity to
radiation, such as children, pregnant women, the elderly, and
cancer patients. Upon completion, the Secretary shall submit to
Congress a report that contains the results of the study and
evaluation.
Further, the Committee directs the Secretary to ensure that
easily readable signs or equivalent electronic displays are
placed at the front of airline passenger checkpoint queues
where AIT scanning machines are used to alert passengers to the
use of such technology and the screening alternatives to
passengers.
RISK-BASED SCREENING INITIATIVES
The Committee is pleased that the Transportation Security
Administration plans to expand the Pre-Check pilot program from
two to six participating airlines and increase the number of
airport locations from 14 to 35 by the end of 2012. However,
the Committee is concerned that currently only three airlines
and passengers with frequent flyer status or participants in
U.S. Customs and Border Protection's trusted travel programs
are eligible to participate. TSA is to report to the Committee
within 90 days after the date of enactment of this act on: (1)
its plans to expand Pre-Check to additional airlines and
passengers who currently do not qualify for the program,
including a timeline and milestones; (2) statistics detailing
the incremental progress being made to increase the eligible
population of passengers that have access to Pre-Check and
expand the number of airport locations where Pre-Check is
available; (3) key indicators of success such as passenger
satisfaction data; (4) projected cost savings from Pre-Check
and other risk-based screening initiatives; (5) a description
of efforts to ensure the public is fully aware of the program;
(6) wait times for Pre-Check and non-Pre-Check lanes; and (7) a
description of security measures being implemented to ensure
that eligible passengers in the Pre-Check program are truly
low-risk.
In addition to the establishment of Pre-Check, the
Committee commends TSA for developing modified screening
procedures in the past year for children under 12, the elderly,
members of the military, and airline pilots.
Flight attendant association representatives testified
before the Committee on March 21, 2012, that they are required
to successfully complete the same background check as pilots,
but are not eligible for expedited screening at airport
checkpoints. The Committee is concerned that TSA's Known
Crewmember pilot program is not currently open to members of
the cabin flight crew and has included bill language requiring
TSA to modify the program within 270 days after the date of
enactment of this act to allow for their enrollment and
participation.
PRE-CLEARANCE AIRPORTS
The Committee commends TSA's efforts to work with the
Canadian Government's eight pre-clearance airports, which are
in the process of upgrading their checked baggage screening
equipment to TSA-certified explosives detection systems
equipment standards. When fully implemented, passengers
arriving in the United States from these Canadian airports will
not be required to have their baggage rescreened when
connecting to other flights. TSA is to brief the Committee on
the status of these efforts no later than 60 days after the
date of enactment of this act. The briefing shall include a
discussion of TSA's strategy to expand this program to other
pre-clearance airports.
PASSENGER COMPLAINTS
The Committee remains concerned about the process TSA has
established for resolving passenger complaints regarding wide-
ranging issues related to screening, such as health concerns
and alleged violations of civil rights, racial profiling,
sexual harassment, and other alleged inappropriate treatment by
TSA and other screening personnel. The Committee believes TSA
has made some progress in this area by establishing several
channels that passengers can use to submit screening
complaints, such as the TSA contact center and a new external
ombudsman to which individuals can turn after exhausting other
avenues within TSA. In addition, the Secretary recently
testified that passenger advocates will be deployed to all
category X airports. While TSA has created these alternate
channels for passengers to turn to, the complaint process
remains cumbersome and confusing. The Committee directs TSA to
improve the process for addressing passenger complaints and to
better communicate to passengers key aspects of the complaints
process available to them so that they have a clear
understanding of their rights before entering the screening
area. In addition, TSA shall also ensure that transportation
security officers, as well as other screening personnel, are
appropriately trained to engage passengers who may seek to file
a complaint. Finally, TSA shall create a data-based system for
systematically tracking passenger complaints agency-wide that
includes information on, among other things, how and when
complaints are resolved and communicated to complainants. Such
a system will provide the Administrator with an important
measuring tool to judge the success of the agency's process for
addressing screening-related complaints. TSA is to brief the
Committee no later than 60 days after the date of enactment of
this act on its efforts to address these requirements. TSA is
also required to robustly fund the new external ombudsman's
office and new passenger advocates in order to respond to
passengers seeking assistance.
SECURITY BREACHES
The Committee is concerned about the findings in the
Department of Homeland Security Office of Inspector General
Investigation Report entitled ``Transportation Security
Administration's Efforts to Identify and Track Security
Breaches at Our Nation's Airports''. The investigation found
that TSA does not have a comprehensive oversight program in
place to gather information about all security breaches and
therefore cannot use the information to monitor trends or make
general improvements to security. It further found that TSA
does not provide the necessary guidance and oversight to ensure
that all breaches are consistently reported, tracked, and
corrected. As a result, TSA does not have a complete
understanding of breaches occurring at the Nation's airports
and misses opportunities to strengthen aviation security. The
report details two recommendations that TSA must take to
correct these issues, including refining and using only one
comprehensive definition for a security breach and developing a
comprehensive oversight program. The Committee expects TSA to
take action to implement the recommendations as soon as
possible and will monitor the progress of the reforms. In
addition, not later than 30 days after the date of enactment of
this act, the TSA Administrator shall submit to the Committee a
report that identifies all actions taken and all planned
actions, including timelines detailing when actions will be
implemented, to address the recommendations made in the Office
of Inspector General Investigation Report.
EXPLOSIVES DETECTION SYSTEMS
The Committee recommends $107,349,000 in discretionary
appropriations for explosives detection systems [EDS]
procurement and installation, $10,000,000 below the amount
requested in the budget and $115,389,000 below the fiscal year
2012 level. The reduction below the request shall be offset by
an identical amount in unobligated balances for this account
that have remained unspent for over 5 years. There is no reason
for prior year balances to languish for such a long period of
time. An additional $250,000,000 in mandatory spending will be
available from Aviation Security Capital Fund [ASCF] fee
collections. The total discretionary and mandatory funding will
allow TSA to purchase and install approximately 155 EDS units
in fiscal year 2013.
Current law requires that the $250,000,000 in annual
mandatory funding deposited into the ASCF is to be available
for airport security improvement projects, such as facility
modifications. However, procurement and installation of EDS
equipment associated with these projects is not permitted. With
a diminishing base of airport applications seeking large
improvement projects and the need to replace aging EDS machines
currently deployed at airports, the recommendation includes
bill language, as requested, to permit ASCF funding to be used
to procure and install EDS equipment during fiscal year 2013.
This change will allow TSA to more effectively, economically,
and expeditiously plan and implement the acquisition and
replacement of existing EDS units. TSA is to work with the
appropriate committees of jurisdiction if it desires a
permanent solution to this problem.
TSA shall brief the Committee no later than 60 days after
the date of enactment of this act on its plans to upgrade all
EDS units procured and deployed with its 2010 detection
standards, which were established to better address current
threats. The Government Accountability Office in its report
(GAO-11-740) highlighted several challenges TSA has encountered
in meeting these new detection standards. The briefing shall
address the concerns highlighted in that report.
EXPENDITURE PLANS FOR EDS/CHECKPOINT TECHNOLOGIES
The Committee includes statutory language under the
``Transportation Security Support'' appropriation withholding
the obligation of $20,000,000 for headquarters administration
until TSA submits to the Committee, no later than 60 days after
the date of enactment of this act, detailed expenditure plans
for fiscal year 2013 for checkpoint security and EDS
refurbishment, procurement, and installations on an airport-by-
airport basis. The withholding is included to encourage timely
submissions of materials necessary for robust and informed
oversight. The plans shall include specific technologies for
purchase, program schedules and major milestones, a schedule
for obligation of the funds, recapitalization priorities, and a
table detailing actual versus anticipated unobligated balances
at the close of the fiscal year. The plan shall include a new
section that provides details on passenger screening pilot
programs that are in progress or being considered for
implementation in fiscal year 2013. Information to be addressed
in this section is to include a summary of the pilot program
describing what the program is attempting to achieve; potential
capabilities and benefits of the program; the airports where
the pilots will be operating; funding commitments; and plans
for future expansion. TSA shall brief the Committee at the end
of the second, third, and fourth quarters with an update on EDS
and checkpoint expenditures, including an explanation of any
deviation from the original plan.
INSTALLATION OF OPTIMAL BAGGAGE SCREENING SYSTEMS AND FTE SAVINGS
With the funding provided in this act and in prior
appropriations acts for EDS procurement and installation, TSA
is able to greatly expedite the deployment of in-line checked
baggage screening systems, thereby permitting a reduction in
personnel. For instance, by the end of fiscal year 2013, TSA
estimates that 216 airports will have optimal checked baggage
screening solutions. TSA shall report to the Committees, in
tandem with the annual budget request, on the savings achieved
and anticipated by fiscal year from the installation of new in-
line systems.
AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS FOR IN-LINE BAGGAGE SYSTEM
DEPLOYMENT
As required by the 9/11 Act, TSA is to give funding
consideration to airports that incurred eligible costs for EDS
and that were not recipients of funding agreements. The fiscal
year 2013 EDS expenditure plan shall identify airports eligible
for funding pursuant to section 1604(b)(2) of Public Law 110-53
and funding, if any, allocated to reimburse those airports.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES
The Committee recommends $309,000,000 for screening
technology maintenance and utilities, the same level as
requested in the budget and $11,365,000 below the fiscal year
2012 level. The reduction below fiscal year 2012 reflects
requested reductions identified for administrative savings,
longer warranties, and more efficient screening security
equipment.
AVIATION SECURITY DIRECTION AND ENFORCEMENT
The Committee recommends $1,087,000,000 for aviation
security direction and enforcement, $11,500,000 above the
amount requested in the budget and $1,375,000 above the fiscal
year 2012 level. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
AVIATION SECURITY DIRECTION AND ENFORCEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation regulation and other enforcement................. 369,984 371,989 371,989
Airport management and support............................ 570,226 569,615 569,615
Federal flight deck officer and flight crew training...... 25,461 12,500 24,000
Air cargo................................................. 120,654 122,096 122,096
-----------------------------------------------------
Total, Aviation Security Direction and Enforcement.. 1,086,325 1,076,200 1,087,700
----------------------------------------------------------------------------------------------------------------
AVIATION REGULATION AND OTHER ENFORCEMENT
The Committee recommends $371,989,000 for aviation
regulation and other enforcement, the same level as requested
in the budget and $2,005,000 above the fiscal year 2012 level.
The recommended amount provides for law enforcement and
regulatory activities at airports to: ensure compliance with
required security measures, respond to security incidents, and
provide international support for worldwide security
requirements.
The recommendation includes an increase of $29,711,000, as
requested, to annualize 12 additional multimodal Visible
Intermodal Prevention and Response [VIPR] teams funded in
fiscal year 2012 with 6 teams dedicated to aviation and 6 teams
dedicated to surface transportation security. This amount
brings the total number of VIPR teams to 37. VIPR teams were
authorized by the 9/11 Act to augment the security of any mode
of transportation at any location within the United States.
These teams, made up of TSA employees, including Federal Air
Marshals, Transportation Security Officers, surface
transportation inspectors, and canine teams, are deployed to
airports, rail stations, and other venues in response to
intelligence-driven threats, or for deterrence through risk-
based deployments. TSA shall provide an updated VIPR
expenditure plan for fiscal year 2013 within 60 days after the
date of enactment of this act. TSA is to use the same format
provided in the March 12, 2012, report to the Committees.
In the 2003 Vision 100--Century of Aviation Reauthorization
Act, Congress directed TSA to issue ``final regulations to
ensure the security of foreign and domestic aircraft repair
stations''. According to TSA, approval and publication of the
final rule is anticipated in the fourth quarter of calendar
year 2012. TSA is to brief the Committee if this timeline will
not be met.
AIRPORT MANAGEMENT AND SUPPORT
The Committee recommends $569,615,000 for airport
management and support, the same level as requested in the
budget and $611,000 below the fiscal year 2012 level. Funds are
provided for: the workforce to support TSA Federal security
directors; Bomb Appraisal Officers; Explosives Security
Specialists; the Transportation Security Operations Center;
airport rent and furniture; a vehicle fleet; airport parking;
and employee transit benefits.
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING PROGRAMS
The Committee recommends $24,000,000 for Federal flight
deck officer and flight crew training programs, $11,500,000
above the amount requested in the budget and $1,461,000 below
the fiscal year 2012 level. Funds are provided to deputize
qualified airline pilots who volunteer to be Federal law
enforcement officers and to provide initial and recurrent law
enforcement training. Funds are also provided for the Crew
Member Self-Defense Training program for the purpose of
teaching crew members basic self-defense concepts and
techniques.
The Committee disagrees with the request to reduce funding
for the Federal Flight Deck Officer program by 51 percent
without a valid justification. The proposed cut would prevent
thousands of dedicated flight crews who volunteer for this
program from receiving training that could protect commercial
flights and the passengers on them. The recommended amount
includes a small decrease below the fiscal year 2012 enacted
level, which reflects the constrained budget environment.
AIR CARGO
The Committee recommends $122,096,000 for air cargo
security activities, the same level as requested in the budget
and $1,442,000 above the fiscal year 2012 level. Funds are
provided to secure the air cargo supply chain, conveyances, and
people.
By August 2010, TSA achieved 100-percent screening of air
cargo that is placed on passenger aircraft for domestic
flights, but 100-percent screening of air cargo loaded onto
inbound international passenger flights has yet to be achieved.
Given recent aviation based terrorist plots, including the
October 2010 plot to blow up air cargo aircraft destined for
the United States, the Committee was encouraged when the
Secretary directed TSA to expedite the achievement of 100-
percent screening of inbound cargo from 2013 to the end of
2011. However, due to the potentially disruptive consequences
this deadline would have had on the international air cargo
supply chain, DHS revised its requirement for 100-percent
international inbound cargo screening to the end of 2012. TSA
is to brief the Committee on its efforts to meet this deadline
no later than 30 days after the date of enactment of this act.
This briefing shall also include a discussion, in a classified
session if appropriate, on its progress in implementing the
recommendations contained in GAO-12-283SU, ``Actions Needed to
Address Challenges and Potential Vulnerabilities Related to
Securing Inbound Air Cargo.''
The Committee includes statutory language under
``Transportation Security Support'' restricting $20,000,000
from being obligated for headquarters administration until TSA
submits to the Committee, no later than 60 days after the date
of enactment of this act, an expenditure plan on the allocation
of air cargo funds, including carryover balances. Due to delays
in receiving the air cargo expenditure plan in prior years, the
withholding is included to encourage timely submissions of
materials necessary for robust and informed oversight.
Surface Transportation Security
Appropriations, 2012.................................... $134,748,000
Budget estimate, 2013................................... 124,276,000
Committee recommendation................................ 124,276,000
Surface transportation security provides funding for
personnel and operational resources to assess the risk of a
terrorist attack on nonaviation modes of transportation,
standards and procedures to address those risks, and to ensure
compliance with established regulations and policies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $124,276,000 for surface
transportation security, the same amount as requested in the
budget and $10,472,000 below the fiscal year 2012 level. Funds
are available to assess the risk of terrorist attacks for all
nonaviation transportation modes, issue regulations to improve
the security of those modes, and enforce regulations to ensure
the protection of the transportation system. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2012 and budget request levels:
SURFACE TRANSPORTATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Staffing and operations................................... 38,514 36,711 36,711
Surface transportation security inspectors and canines.... 96,234 87,565 87,565
-----------------------------------------------------
Total, Surface Transportation Security.............. 134,748 124,276 124,276
----------------------------------------------------------------------------------------------------------------
SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS
The Committee recommends $36,711,000 for surface
transportation security staffing and operations, the same
amount as requested in the budget and $1,803,000 below the
fiscal year 2012 level.
SURFACE TRANSPORTATION SECURITY INSPECTORS AND CANINES
The Committee recommends $87,565,000 for surface
transportation security inspectors and canines, the same amount
as requested in the budget and $8,669,000 below the fiscal year
2012 level.
Since 2004, there have been 1,300 terrorist attacks
worldwide against mass transit, buses, and passenger rail,
resulting in more than 4,000 deaths and 14,000 injuries. It is
now more important than ever to increase our defenses against
similar attacks here in the United States. Intelligence
gathered from Osama bin Laden's compound revealed evidence that
al Qaeda considered rail lines high-value targets. TSA is to
brief the Committee no later than 90 days after the date of
enactment of this act on its multimodal technology pilots and
initiatives. The briefing shall include a summary of all
technology pilot programs/initiatives TSA will have operating
or has planned for fiscal year 2013; what each program/
initiative is attempting to achieve; potential capabilities and
benefits of the program/initiative; locations of each program/
initiative; and plans for future expansion.
Transportation Threat Assessment and Credentialing
Appropriations, 2012.................................... $163,954,000
Budget estimate, 2013................................... 192,631,000
Committee recommendation................................ 192,631,000
Transportation threat assessment and credentialing includes
several TSA credentialing programs: Secure Flight, Crew
Vetting, Screening Administration and Operations, Registered
Traveler, Transportation Worker Identification Credential,
Hazardous Materials Commercial Drivers License Endorsement
Program, and Alien Flight School.
COMMITTEE RECOMMENDATIONS
The Committee recommends a direct appropriation of
$192,631,000 for transportation threat assessment and
credentialing, the same level as requested in the budget and
$28,677,000 above the fiscal year 2012 level. In addition, an
estimated $79,720,000 in fee collections is available for these
activities in fiscal year 2013, as proposed in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Direct Appropriations:
Secure Flight......................................... 92,414 107,074 107,074
Crew and other vetting programs....................... 71,540 85,557 85,557
-----------------------------------------------------
Subtotal, direct appropriations..................... 163,954 192,631 192,631
=====================================================
Fee Collections:
Transportation worker identification credential....... 8,300 47,300 47,300
Hazardous materials................................... 12,000 12,000 12,000
Alien flight school (transfer from DOJ)............... 4,000 5,000 5,000
Certified cargo screening program..................... 5,200 7,200 7,200
Large aircraft security program....................... 1,200 ................ ................
Secure identification display area checks............. 8,000 8,000 8,000
Other security threat assessments..................... 100 120 120
General aviation at DCA............................... 100 100 100
Indirect air cargo.................................... 1,400 ................ ................
Sensitive security information........................ 20 ................ ................
-----------------------------------------------------
Subtotal, fee collections........................... 40,320 79,720 79,720
----------------------------------------------------------------------------------------------------------------
SECURE FLIGHT
The Committee recommends $107,074,000 for Secure Flight,
the same amount as requested in the budget and $14,660,000
above the fiscal year 2012 level. As recommended by the 9/11
Commission and mandated by the Intelligence Reform Act, this
program transferred the responsibility of airline passenger
watch list matching from the air carriers to the Federal
Government.
The Committee recommendation includes $7,000,000 for Secure
Flight to provide more robust pre-screening of passengers
participating in Pre-Check and an increase of $12,717,000 as
requested for watchlist screening for passengers of large
general aviation aircraft. The Intelligence Reform Act of 2004
mandates that DHS make advanced passenger pre-screening
available to charter and lessors of aircraft greater than
12,500 pounds flying into, out of, or within the United States.
A rule on large aviation aircraft is expected to be published
by February 2013.
CREW AND OTHER VETTING PROGRAMS
The Committee recommends $85,557,000 for Crew and Other
Vetting Programs, the same amount as requested in the budget
and $14,017,000 above the fiscal year 2012 level.
The Committee supports TSA's efforts to modernize its
vetting and credentialing infrastructure, which is currently
made up of disconnected and duplicative systems. This has
resulted in high-system complexity and lengthy adjudication
processes due to manual reviews. TSA intends to modernize its
system to address these issues and improve vetting and
credentialing services. Following several delays in the
development of this system, TSA has refined its acquisition
strategy, awarded a contract for system development, and now
appears to be on track to achieve initial operating capability
in 2013. The Committee is also encouraged by TSA's new
lifecycle cost estimate, which was reduced substantially from
projections made in the early stages of this acquisition. The
Committee fully funds the requested increase of $30,000,000 for
a total of $57,700,000 in fiscal year 2013 and expects TSA to
continue its quarterly briefings on its efforts to develop this
new vetting system.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The Committee is concerned that Transportation Worker
Identification Credential [TWIC] applicants are required to
make multiple trips to TWIC enrollment centers, which are
occasionally at some distance from the applicants' homes or
places of work. The Committee directs TSA to expand Universal
Enrollment Centers, which will result in no less than a 50
percent expansion in the number of available TWIC enrollment
sites. Furthermore, TSA is to brief the Committee no later than
June 22, 2012, on the projected resource requirements, security
impacts, and a potential timeline to effect changes in the TWIC
enrollment system to permit cards to be shipped directly to the
recipient.
Transportation Security Support
Appropriations, 2012.................................... $1,031,926,000
Budget estimate, 2013................................... 969,709,000
Committee recommendation................................ 969,709,000
The transportation security support account supports the
operational needs of TSA's extensive airport/field personnel
and infrastructure. Transportation security support includes:
headquarters' personnel, pay, benefits, and support;
intelligence; mission support centers; human capital services;
and information technology support.
COMMITTEE RECOMMENDATIONS
The Committee recommends $969,709,000 for transportation
security support activities, the same amount as requested in
the budget and $62,217,000 below the fiscal year 2012 level.
The following table summarizes the Committee's
recommendations compared to the fiscal year 2012 and budget
request levels:
TRANSPORTATION SECURITY SUPPORT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2013 budget Committee
2012 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters administration.................................... 292,334 281,554 281,554
Information technology......................................... 447,200 417,196 417,196
Human capital services......................................... 249,400 225,829 225,829
Intelligence................................................... 42,992 45,130 45,130
------------------------------------------------
Total, Transportation Security Support................... 1,031,926 969,709 969,709
----------------------------------------------------------------------------------------------------------------
HEADQUARTERS ADMINISTRATION
The Committee recommends $281,554,000 for headquarters
administration, the same amount as requested in the budget and
$10,780,000 below the fiscal year 2012 level.
The recommendation includes the requested reduction for
management efficiencies, administrative savings, and
operational support.
TSA shall continue semiannual briefings on covert testing
activities, to include the latest metrics gathered from recent
tests and resulting mitigating factors.
The Committee includes bill language withholding the
obligation of $20,000,000 for headquarters administration
until: fiscal year 2013 expenditure plans for air cargo
security, explosives detection systems procurement and
installation, and checkpoint support are provided to the
Committee. The expenditure plans are due no later than 60 days
after the date of enactment of this act.
BUDGET STRUCTURE
The Committee directs TSA to include a proposal in its
fiscal year 2014 congressional justification that creates a 1-
year appropriation for salaries and related expenses. The
Committee believes that TSA, like all other Departmental
components, should receive appropriations for these purposes
with the expectation that the funds will be obligated within a
1-year window or expire and be returned to the Treasury. TSA is
to continue its consultation with the Committee as it develops
its fiscal year 2014 proposal.
INFORMATION TECHNOLOGY
The Committee recommends $417,196,000 for information
technology, the same amount as requested in the budget and
$30,004,000 below the fiscal year 2012 level. This reduction
includes management efficiencies, enterprise wide efficiencies,
and administrative savings.
HUMAN CAPITAL SERVICES
The Committee recommends $225,829,000 for human capital
services, the same amount as requested in the budget and
$23,571,000 below the fiscal year 2012 level.
This reduction includes management efficiencies,
administrative savings, and other one-time costs no longer
necessary to support hires funded in prior years.
INTELLIGENCE
The Committee recommends $45,130,000 for the Office of
Intelligence, the same amount as requested in the budget and
$2,138,000 above the fiscal year 2012 level.
RISK-BASED DECISIONMAKING AND BUDGETING
The Committee directs TSA to submit, concurrent with the
fiscal year 2014 budget request, supporting documentation that
explicitly explains how TSA's comprehensive risk assessments
for all transportation modes were used to allocate resources
across and within each mode. This documentation should also
identify the corresponding allocation of resources being
proposed in the budget request (by appropriations account,
program, project, and activity) that address these priorities.
This annual submission shall be made in classified or
unclassified formats, as appropriate.
Federal Air Marshals
Appropriations, 2012.................................... $966,115,000
Budget estimate, 2013................................... 929,610,000
Committee recommendation................................ 929,610,000
The Federal Air Marshals [FAMs] protect the air
transportation system against terrorist threats, sabotage, and
other acts of violence. The FAMs account provides funds for the
salaries, benefits, travel, training, and other expenses of the
program.
COMMITTEE RECOMMENDATIONS
The Committee recommends $929,610,000 for the Federal Air
Marshals, the same amount as requested in the budget and
$36,505,000 below the fiscal year 2012 level.
The Committee directs TSA to submit quarterly reports on
mission coverage, staffing levels, and hiring rates as in prior
years.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
FEDERAL AIR MARSHALS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and administration............................. 842,500 815,639 815,639
Travel and training....................................... 123,615 113,971 113,971
-----------------------------------------------------
Total, Federal Air Marshals......................... 966,115 929,610 929,610
----------------------------------------------------------------------------------------------------------------
United States Coast Guard
SUMMARY
The Coast Guard's primary responsibilities are the
enforcement of all applicable Federal laws on the high seas and
waters subject to the jurisdiction of the United States;
promotion of safety of life and property at sea; assistance to
navigation; protection of the marine environment; and
maintenance of a state of readiness to function as a
specialized service in the Navy in time of war, as authorized
by sections 1 and 2 of title 14, United States Code.
The Commandant of the Coast Guard reports directly to the
Secretary of the Department of Homeland Security.
COMMITTEE RECOMMENDATIONS
The President's fiscal year 2013 discretionary budget
request proposes to reduce funding for the Coast Guard by 3.3
percent, including the reduction of over 1,000 military
billets, the decommissioning of critical operational assets,
and a significant reduction in capital expenditures at a time
when major Coast Guard cutters average over 43 years of age. If
the budget request were to be enacted, the Coast Guard's
ability to carry out its 11 statutory missions would be
seriously hampered. The recommended level provided for in this
bill includes targeted increases above the President's request
to ensure that Coast Guard personnel serving on the front lines
have the resources to accomplish their many missions in fiscal
year 2013 and in the future.
The Committee recommends a total program level of
$10,335,532,000 for the activities of the Coast Guard for
fiscal year 2013. When costs for overseas contingency
operations are excluded, the recommendation for the Coast Guard
is $306,601,000 and 363 positions above the request. The
following table summarizes the Committee's recommendations as
compared to the fiscal year 2012 and budget request levels:
COAST GUARD--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013
Fiscal year 2012 budget Committee
enacted\1\ request\2\ recommendations\3\
----------------------------------------------------------------------------------------------------------------
Operating Expenses..................................... 7,051,054 6,791,178 7,073,479
Environmental Compliance and Restoration............... 13,500 13,162 13,162
Reserve Training....................................... 134,278 132,554 132,554
Acquisition, Construction, and Improvements............ 1,403,924 1,192,309 1,470,609
Research, Development, Test, and Evaluation............ 27,779 19,728 19,728
Health Care Fund Contribution (Permanent Indefinite 261,871 203,000 203,000
Appropriations).......................................
Retired Pay............................................ 1,440,157 1,423,000 1,423,000
--------------------------------------------------------
Total, Coast Guard............................... 10,332,563 9,774,931 10,335,532
----------------------------------------------------------------------------------------------------------------
\1\Includes $258,000,000 for overseas contingency operations.
\2\Excludes a permissive transfer of up to $254,461,000 from ``Operation and Maintenance, Navy'' for overseas
contingency operations.
\3\Includes $254,000,000 for overseas contingency operations.
The Coast Guard will pay an estimated $203,000,000 in
fiscal year 2013 to the Medicare-Eligible Retiree Health Care
Fund for the costs of military Medicare-eligible health
benefits earned by its uniformed servicemembers. The
contribution is funded by permanent indefinite discretionary
authority pursuant to the National Defense Authorization Act
for fiscal year 2005 (Public Law 108-375).
OPERATING EXPENSES
Appropriations, 2012\1\................................. $7,051,054,000
Budget estimate, 2013\2\................................ 6,791,178,000
Committee recommendation\3\............................. 7,073,479,000
\1\Includes $258,000,000 for overseas contingency operations.
\2\Excludes a permissive transfer of up to $254,461,000 from ``Operation
and Maintenance, Navy'' for overseas contingency operations.
\3\Includes $254,000,000 for overseas contingency operations.
The Operating Expenses appropriation provides funds for the
operation and maintenance of multipurpose vessels, aircraft,
and shore units strategically located along the coasts and
inland waterways of the United States and in selected areas
overseas. The program activities of this appropriation fall
into the following categories:
Search and Rescue.--As one of its earliest and most
traditional missions, the Coast Guard maintains a nationwide
system of boats, aircraft, cutters, and rescue coordination
centers on 24-hour alert.
Aids to Navigation.--To help mariners determine their
location and avoid accidents, the Coast Guard maintains a
network of manned and unmanned aids to navigation along the
Nation's coasts and on its inland waterways. In addition, the
Coast Guard operates radio stations in the United States and
abroad to serve the needs of the armed services and marine and
air commerce.
Marine Safety.--The Coast Guard ensures compliance with
Federal statutes and regulations designed to improve safety in
the merchant marine industry and operates a recreational
boating safety program.
Marine Environmental Protection.--The primary objectives of
the marine environmental protection program are to minimize the
dangers of marine pollution and to assure the safety of ports
and waterways.
Enforcement of Laws and Treaties.--The Coast Guard is the
principal maritime enforcement agency with regard to Federal
laws on the navigable waters of the United States and the high
seas, including fisheries, drug smuggling, illegal immigration,
and hijacking of vessels.
Ice Operations.--In the Arctic and Antarctic, Coast Guard
icebreakers escort supply ships, support research activities
and Department of Defense operations, survey uncharted waters,
and collect scientific data. The Coast Guard also assists
commercial vessels through ice-covered waters.
Defense Readiness.--During peacetime, the Coast Guard
maintains an effective state of military preparedness to
operate as a service in the Navy in time of war or national
emergency at the direction of the President. As such, the Coast
Guard has primary responsibility for the security of ports,
waterways, and navigable waters up to 200 miles offshore.
COMMITTEE RECOMMENDATIONS
The Committee recommends $7,073,479,000 for Coast Guard
Operating Expenses, including $24,500,000 from the Oil Spill
Liability Trust Fund and $535,000,000 for Coast Guard defense-
related activities. Of this amount, the Committee recommends
not to exceed $15,300 for official reception and representation
expenses.
The recommended funding level is $282,301,000 above the
request and $22,425,000 above the fiscal year 2012 level. The
Committee's recommendation is $28,301,000 above the comparable
net request for Coast Guard Operating Expenses when excluding
funds provided for overseas contingency operations.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Military pay and allowances............................... 3,413,061 3,415,595 3,429,023
Civilian pay and benefits................................. 784,256 790,130 790,389
Training and recruiting................................... 213,321 212,761 214,115
Operating funds and unit level maintenance................ 1,109,623 1,092,419 1,098,257
Centrally managed accounts................................ 336,653 350,178 351,011
Intermediate and depot level maintenance.................. 936,140 930,095 936,684
Overseas contingency operations........................... 258,000 (\1\) 254,000
-----------------------------------------------------
Total, Operating Expenses........................... 7,051,054 6,791,178 7,073,479
----------------------------------------------------------------------------------------------------------------
\1\Excludes a permissive transfer of up to $254,461,000 from ``Operation and Maintenance, Navy'' for overseas
contingency operations.
OVERSEAS CONTINGENCY OPERATIONS
The Committee provides $254,000,000 for Coast Guard
operations in support of overseas contingency operations. While
funding for these activities is requested in the Department of
Defense budget for the Navy, the Committee adopted a practice
beginning in the fiscal year 2009 Supplemental Appropriations
Act to appropriate these amounts directly to the Coast Guard.
The Committee continues this practice and urges the
administration to budget for Coast Guard overseas contingency
operations under the Department of Homeland Security in future
budget requests. The Coast Guard shall brief the Committee no
later than 30 days after the date of enactment of this act on
any changes expected during fiscal year 2013 or projected
transition costs expected in fiscal year 2014 to support
overseas contingency operations.
HIGH ENDURANCE CUTTER DECOMMISSIONINGS
The budget request proposes to decommission two high
endurance cutters [HECs] and 389 associated billets due to the
fact that the HEC fleet has become increasingly difficult to
maintain and sustain operationally. The request also notes that
the loss of major cutter hours from this reduction will be
mitigated when new, more capable National Security Cutters
[NSCs] are delivered. To date, three HECs have been
decommissioned and the Coast Guard has delivered three National
Security Cutters to replace them. The fourth NSC is under
production and scheduled for delivery in fiscal year 2014 and
the fifth NSC is under contract and scheduled for delivery in
fiscal year 2016. The decommissioning of two additional HECs in
fiscal year 2013 would result in a significant mission hour gap
until these replacement NSCs are ready for Coast Guard
operations. This decision would limit the Coast Guard's ability
to perform drug and illegal migrant interdiction, fisheries
enforcement, and other missions requiring the offshore
operating capabilities of a HEC. Therefore, the recommendation
includes an additional $8,000,000 and 199 positions to maintain
one of the two HECs proposed to be decommissioned in the
request, saving 1,665 major cutter hours that otherwise would
have been cut.
In fiscal year 2010, the Committee appropriated $4,000,000
for the Coast Guard to assess the HEC fleet to determine the
most effective use of funds to operate the vessels until
replaced by the NSCs. Unfortunately, minimal work has been put
into this effort with less than $800,000 of this funding being
obligated since October 2009. Given the delays in deploying the
remaining NSCs, the Coast Guard is urged to accelerate work in
this area. If the Coast Guard cannot use the remaining funds
for this purpose, the Committee encourages the Coast Guard to
submit a transfer request to use these funds to address its
backlog of deferred maintenance on its major cutters.
PATROL BOATS
The budget request proposes to decommission three 110-foot
patrol boats and 70 associated billets in fiscal year 2013. The
request also proposes to reduce funding that allows for a
higher level of programmed resource hours for eight legacy
patrol boats through use of multiple crews and intensive
maintenance. The request points to the delivery of more capable
Fast Response Cutters [FRCs] to mitigate the loss of hours from
these reductions. While the Committee agrees that the FRC is
superior to legacy patrol boats, the delivery schedule for the
new cutters is such that the loss of patrol boat hours in
fiscal year 2013 that would occur under the budget request will
not be mitigated by new FRCs until fiscal year 2014. This would
only serve to exacerbate the Coast Guard's current patrol boat
hour gap. In fiscal year 2011, the Coast Guard's patrol boat
fleet completed 74,325 resource hours, 25,075 hours short (25
percent) of its 1998 baseline. If the fiscal year request were
approved, available patrol boat hours would be reduced by
another 11,760 hours. The Committee finds this proposed
reduction unacceptable as it would have a negative impact on
the Coast Guard's ability to conduct counter drug operations,
migrant interdiction activities, search and rescue, and other
critical missions. Therefore, the Committee includes
$12,000,000 to restore the proposed decommissionings of three
110-foot patrol boats and temporarily increase the programmed
operating hours of in-service patrol boats to mitigate the
fiscal year 2013 operational hour gap that would otherwise
occur until an appropriate number of new FRCs become
operational.
SEASONAL AIR FACILITIES
The Committee denies the request to replace five HH-65
helicopters in operation at Air Station Traverse City with
three HH-60 helicopters and to close two seasonal Air
Facilities at Muskegon, Michigan and Waukegan, Illinois. The
request proposes to eliminate immediate air support during the
summer months from areas where there is heavy boat traffic and
significant search and rescue requirements. The helicopters
stationed at these seasonal Air Facilities along Lake Michigan
are critical to the safety of Great Lakes mariners and
recreational users. In addition, the Committee is also
concerned that two of the HH-60 aircraft proposed to be
transferred to Air Station Traverse City would be taken from
Operation Bahamas, Turks and Caicos, resulting in a loss of 470
annual hours dedicated to drug and migrant interdiction and
search and rescue in that area of responsibility.
MARINE ENVIRONMENTAL RESPONSE
Recent oil spills including the M/V Cosco Busan in 2007 and
the Mobile Offshore Drilling Unit Deepwater Horizon in 2010
stress the importance of having well-trained and readily
deployable incident managers and pollution responders
throughout the Coast Guard. The Coast Guard has responsibility
to respond, investigate, and ensure removal of oil and
hazardous substances that are released in pollution incidents.
In the event pollution occurs, it is critical to have the
capacity and competency to respond without severely degrading
performance of other missions. As the economy rebounds and
pressure to produce natural resources from the marine
environment escalates, demand for marine environmental response
is expected to grow. Unfortunately, the request proposes to cut
the number of personnel added in fiscal year 2012 for this
effort from 87 to 61. The Committee denies this request and
includes $3,100,000 to fully fund 26 additional marine
environmental response positions for fiscal year 2013. The
Committee expects the Coast Guard to continue hiring throughout
fiscal year 2012 to achieve the hiring goal of 87 positions
funded by Congress. With the addition of these 26 positions,
the total number of marine environmental positions funded in
fiscal year 2013 is estimated to be 718. The Coast Guard shall
keep the Committee apprised of hiring efforts in fiscal year
2013 to achieve this level and report to the Committee within
15 days if it deviates from this plan. The Committee also notes
that a congressionally required report on marine environmental
response is overdue and should be submitted immediately. As
required in fiscal year 2012, the marine environmental response
plan is to include a 5-year strategic plan, including
comprehensive funding estimates, to implement mission
requirements.
OIL SPILL RESPONSE PLAN
The Committee is aware of the Coast Guard's efforts to
update its plans to ensure a prompt response to a spill from
drilling activities off the coast of Cuba that could impact the
United States. Extensive planning has been ongoing in this area
and the Coast Guard has been working with the Bureau of Safety
and Environmental Enforcement to conduct multilateral seminars
to help prepare for and respond to an oil discharge in the
Caribbean. The Coast Guard is to brief the Committee on its
evolving efforts to enhance regional readiness and protect U.S.
interests no later than 30 days after the date of enactment of
this act.
SUPPORT OF MILITARY FAMILIES
The Committee believes that the well-being of military
families should be a top priority for the Coast Guard. For
housing military families and unaccompanied personnel, the
Coast Guard primarily relies on the Basic Allowance for Housing
for community-based housing or constructing or leasing housing
when affordable community housing is not available. Currently,
the Coast Guard maintains 3,978 housing units across the
country and spends approximately $27,000,000 annually to
maintain them. The Committee understands the Coast Guard is in
the process of conducting a National Housing Assessment to
evaluate the current state of the housing inventory, develop
standards, and recommend specific improvement initiatives. The
Coast Guard is to submit a copy of this report to the Committee
not later than 30 days after the date of enactment of this act.
The report shall prioritize short-term and long-term
improvement needs for military family housing, including
resource requirements. The Committee recommends an additional
$10,000,000 in ``Acquisition, Construction, and Improvements''
to address the highest priority needs resulting from this
assessment.
MANAGEMENT EFFICIENCIES AND OFFSETS
The Committee recommendation assumes $89,244,000, as
proposed in the budget, for various reductions resulting from
efficiencies and administrative offsets. No later than 120 days
after the date of enactment of this act, the Coast Guard is
directed to brief the Committee on how such efficiencies and
other reductions will be achieved. The briefing shall include a
detailed listing of the specific efficiencies and offsets taken
to achieve the targeted reductions and the impact of such
actions on Coast Guard missions. The briefing shall also
address any shortfalls related to rising energy prices and what
activities are being diverted to address them.
STEM-TO-STERN REVIEW OF DEPLOYABLE FORCES
As the Commandant discussed in his 2011 State of the Coast
Guard address, he has ordered a ``stem-to-stern'' review of
Coast Guard Deployable Specialized Forces and their concept of
operations. The purpose of the review is to look at required
capabilities, training, tactics, equipment, procedures, and
resources. The Coast Guard is to keep the Committee apprised on
how the review's outcomes are being executed.
SMALL VESSEL SECURITY
The recommendation for the Domestic Nuclear Detection
Office [DNDO] includes $8,900,000 for the procurement of new
systems for the Coast Guard and U.S. Customs and Border
Protection [CBP] that will improve the efficiency of scanning
vessels under 300 tons for nuclear threats. According to
information provided by DNDO, various technologies are being
evaluated by DHS and a recommended solution will be selected by
the end of fiscal year 2012. The Coast Guard, in tandem with
CBP and DNDO, shall brief the Committee on acquisition and
deployment plans for this effort no later than 60 days after
the date of enactment of this act.
FINANCIAL MANAGEMENT OVERSIGHT
The Coast Guard shall continue to periodically brief the
Committee on its efforts to address material weaknesses in its
financial management enterprise that prevent accurate,
complete, and timely financial information. These weaknesses
have contributed to the inability of financial auditors to
provide a complete unqualified opinion on the Department's
balance sheets. The Committee is aware of individual Analyses
of Alternatives [AoA] being conducted by the Coast Guard to
improve its core financial systems. The Coast Guard, in tandem
with the Office of the Chief Financial Officer, is to brief the
Committee on the preferred solution before funds can be
obligated to initiate improvement efforts. The briefing is to
include total resource requirements by fiscal year and a
timeline for implementation with discrete milestones.
INFRASTRUCTURE AND RESPONSE CAPABILITIES IN THE ARCTIC
Section 307 of the Coast Guard Authorization Act of 2010
(Public Law 111-281), encouraged the Secretary of Homeland
Security to ``enter into negotiations through the International
Maritime Organization to conclude and execute agreements to
promote coordinated action'' among Arctic nations to ensure
adequate infrastructure and response capabilities in the
Arctic. Within 90 days after the date of enactment of this act,
the Coast Guard shall report to the Committee on the actions
that have been taken to reach international agreements on
ensuring adequate maritime transportation infrastructure and
response capabilities in the Arctic.
COAST GUARD YARD
The Committee recognizes the Coast Guard Yard at Curtis
Bay, Maryland, is a critical component of the Coast Guard's
core logistics capability which directly supports fleet
readiness. The Committee further recognizes the Yard has been a
vital part of the Coast Guard's readiness and infrastructure
for more than 100 years and believes that sufficient industrial
work should be assigned to the Yard to maintain this
capability.
SEXUAL HARASSMENT REPORTING REQUIREMENTS
The Coast Guard shall provide to the Committee the annual
report required by section 217 of the Coast Guard Authorization
Act of 2010.
REPORTING REQUIREMENTS WITHOLDING
In an effort to encourage timely submissions to the
Committees of materials necessary for robust and informed
oversight, the Committee withholds $75,000,000 from obligation
from the Coast Guard's ``Headquarters Directorates'' until the
comprehensive 5-year Capital Investment Plan for fiscal years
2014-2018 has been submitted to the Committee.
EXECUTIVE TRANSPORTATION AIRCRAFT
The Coast Guard shall include in its annual justification
any plans to alter the executive transportation aircraft
program.
CHEMICAL SECURITY
The Coast Guard and the National Protection and Programs
Directorate are to complete the planned Memorandum of
Understanding [MOU] to harmonize chemical security
responsibilities established by Chemical Facilities Anti-
Terrorism Standards [CFATS] regulations and Maritime
Transportation Security Act [MTSA] regulatory programs
immediately. Congress directed the MOU to be completed no later
than March 30, 2012, but the agreement has not been finalized.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2012.................................... $13,500,000
Budget estimate, 2013................................... 13,162,000
Committee recommendation................................ 13,162,000
The Environmental Compliance and Restoration account
provides funds to address environmental problems at former and
current Coast Guard units as required by applicable Federal,
State, and local environmental laws and regulations. Planned
expenditures for these funds include major upgrades to
petroleum and regulated substance storage tanks, restoration of
contaminated ground water and soils, remediation efforts at
hazardous substance disposal sites, and initial site surveys
and actions necessary to bring Coast Guard shore facilities and
vessels into compliance with environmental laws and
regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $13,162,000 for environmental
compliance and restoration, $338,000 below the fiscal year 2012
level and the same as the budget request. The Coast Guard is
directed to include in its annual budget justification a
listing of the activities projected to be funded by the amount
requested under this heading and an updated backlog report for
Environmental Compliance and Restoration projects, with an
explanation of how the amount requested will impact this
documented backlog.
RESERVE TRAINING
Appropriations, 2012.................................... $134,278,000
Budget estimate, 2013................................... 132,554,000
Committee recommendation................................ 132,554,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $132,554,000 for Reserve Training,
$1,724,000 below the fiscal year 2012 level and the same as the
budget request.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2012.................................... $1,403,924,000
Budget estimate, 2013................................... 1,192,309,000
Committee recommendation................................ 1,470,609,000
Funding in this account supports the acquisition,
construction, and improvement [AC&I] of vessels, aircraft,
information management resources, shore facilities, aids to
navigation, and military housing required to execute the Coast
Guard's missions and achieve its performance goals.
Vessels.--The vessel program provides funding to
recapitalize and/or improve the Coast Guard's fleet of aging
boats and cutters.
Aircraft.--The aircraft program is the primary
recapitalization and sustainment effort for the Coast Guard's
aging aircraft.
Other Equipment.--The Coast Guard invests in numerous
management information and decision support systems that will
result in increased efficiencies, including Rescue 21 (formerly
the National Distress and Response System Modernization
Project), and the Nationwide Automatic Identification System.
Shore Facilities and Aids to Navigation.--The Coast Guard
invests in the acquisition, construction, rebuilding, and
improvement of shore facilities, aids to navigation, and
related equipment.
Military Housing.--The Coast Guard invests in Military
Housing facilities to ensure military members have access to
housing in areas where there is a lack of affordable
accommodations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,470,609,000 for acquisition,
construction, and improvements, including $20,000,000 from the
Oil Spill Liability Trust Fund. The recommended amount is
$278,300,000 above the request and $66,685,000 above the fiscal
year 2012 level.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
Survey and Design--Vessel and Boats................. 6,000 2,500 2,500
Response Boat Medium................................ 110,000 ................ 8,000
In-Service Cutter Sustainment....................... 14,000 ................ .................
National Security Cutter............................ 77,000 683,000 722,300
Offshore Patrol Cutter.............................. 25,000 30,000 30,000
Fast Response Cutter................................ 358,000 139,000 335,000
Cutter Boats........................................ 5,000 4,000 4,000
Medium Endurance Cutter Sustainment................. 47,000 13,000 13,000
Polar Icebreaking Vessel............................ ................. 8,000 8,000
-------------------------------------------------------
Subtotal, Vessels................................. 642,000 879,500 1,122,800
=======================================================
Aircraft:
CGNR 6017 Airframe Replacement...................... 18,300 ................ .................
Maritime Patrol Aircraft............................ 129,500 43,000 43,000
HH-60 Conversion Projects........................... 56,100 ................ .................
Long Range Surveillance Aircraft.................... 62,000 ................ .................
DOD transfer pursuant to Public Law 112-74 (C-130J) (63,500) ................ .................
HH-65 Conversion/Sustainment Projects............... 24,000 31,500 31,500
-------------------------------------------------------
Subtotal, Aircraft................................ 289,900 74,500 74,500
=======================================================
Other Acquisition Programs:
Program Oversight and Management.................... 26,000 25,000 25,000
Systems Engineering and Integration................. 17,140 2,500 2,500
C4ISR............................................... 38,500 40,500 40,500
CG-Logistics Information Management System [CG- 6,500 2,500 2,500
LIMS]..............................................
National Automatic Identification System............ 5,000 6,000 6,000
Rescue 21........................................... 65,000 ................ .................
Interagency Operations Centers...................... 3,000 ................ .................
-------------------------------------------------------
Subtotal, Other Acquisition Programs.............. 161,140 76,500 76,500
=======================================================
Shore Facilities and Aids to Navigation:
Major Shore, ATON, and Survey and Design............ 92,500 15,000 15,000
Major Acquisition Systems Infrastructure............ 81,500 49,411 49,411
Minor Shore......................................... 6,292 5,000 5,000
-------------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation. 180,692 69,411 69,411
=======================================================
Military Housing........................................ 20,000 ................ 10,000
Personnel and Related Support:
Core Acquisition Costs.............................. 600 600 600
Direct Personnel Costs.............................. 109,592 116,798 116,798
-------------------------------------------------------
Subtotal, Personnel and Related Support........... 110,192 117,398 117,398
=======================================================
Rescission of Unexpended Funds.......................... ................. -25,000 \1\(-25,000)
-------------------------------------------------------
Total, Acquisition, Construction, and Improvements 1,403,924 1,192,309 1,470,609
----------------------------------------------------------------------------------------------------------------
\1\Included as a general provision.
CAPITAL INVESTMENT PLAN
The fiscal year 2012 statutory requirement for the
Department to submit a comprehensive multiyear investment plan
for major capital assets has not been met. This report is
critical for the Committee to carry out its oversight function
of the Coast Guard, especially at a time when recapitalization
of aging assets has become so critical for the service. All of
the information required by the Committee is in accordance with
the Coast Guard's Major Systems Acquisition Manual and
applicable Department of Homeland Security management
directives. The Committee expects the fiscal year 2013-2017
plan to be submitted with all due speed. To encourage a more
timely submission in fiscal year 2013, the Committee has
withheld $75,000,000 from the Headquarters Directorate of the
Coast Guard. In addition, 59 percent of funding appropriated to
the Office of the Secretary, Office of the Under Secretary for
Management, and Office of the Chief Financial Officer is
withheld until all statutorily required expenditure plans,
investment plans, and acquisition plans are submitted to the
Committees.
QUARTERLY ACQUISITION BRIEFINGS
The Coast Guard is to continue quarterly briefings on all
major acquisitions. In addition to the information normally
provided for each asset, these briefings shall include: the top
five risks for each acquisition, if applicable, consistent with
those on the risk watch list in quarterly program manager
reports, and if the risks have future budget implications; the
objective for operational hours the Coast Guard expects to
achieve; the gap between that objective, current capabilities,
and stated mission requirements; and how the acquisition of the
specific asset closes the gap. The information presented at
these required briefings shall also include a discussion of how
the Coast Guard calculated the operational hours, an
explanation on risks to mission performance associated with the
current shortfall, and the operational strategy to mitigate
such risks. Finally, the briefings are to include a status
chart on all shore construction projects that have not been
completed. For each construction project, the chart is to
include the funding status, design status, and procurement and
construction status.
PROGRAM OF RECORD
The Coast Guard's Program of Record [POR] was developed
based on mission requirements established in its 2004 Deepwater
Mission Need Statement [MNS]. The 2004 MNS examined the Coast
Guard's maritime role post-September 11, 2001, gaps in
requirements, and capabilities necessary to carry out its
responsibilities. The POR includes the assets and acquisitions
necessary to meet the requirements of the 2004 MNS and has
guided the Coast Guard as it recapitalizes its fleet of aging
ships and aircraft. For instance, the POR includes a
requirement of eight National Security Cutters, 25 Offshore
Patrol Cutters, 58 Fast Response Cutters, 36 Maritime Patrol
Aircraft, new communications systems across the fleet, and
upgrades to several legacy cutters and aircraft. In recent
years, questions have been raised about the ability to achieve
this mix of assets in terms of cost and schedule within budget
constraints, including those in the Budget Control Act of 2011.
Most recent estimates indicate the POR could cost as much as
$29,300,000,000 to complete by 2031. While the Committee does
not believe that Coast Guard requirements should be modified to
meet an arbitrary spending topline, the Committee expects the
Coast Guard to be considering various options within the POR if
budget toplines make it unrealistic to achieve. Therefore, the
Secretary and the Commandant shall develop a working group of
experts to examine available studies on Coast Guard fleet
requirements to identify various options that fit in expected
and realistic budget parameters. For the options identified,
the analysis should include cost, capability, quantity
tradeoffs, and the overall impact to the Coast Guard's ability
to carry out its many statutory mission requirements. The
Department shall provide the results of this analysis to the
Committee no later than 180 days after the date of enactment of
this act.
RESPONSE BOAT-MEDIUM
The Committee recommends $8,000,000 for the Response Boat-
Medium [RB-M] acquisition. The Committee disagrees with the
request to end RB-M production 14 boats short of the 180 boats
required to complete the program. The RB-Ms are meeting or
exceeding all performance expectations; and there is a
demonstrated requirement for the remaining boats. To date, 89
RB-Ms have been delivered on time and on budget. These funds
will allow the Coast Guard to purchase 4 RB-Ms in fiscal year
2013, bringing the total funded to 170 of 180 boats. The RB-M
is a critical asset for the Coast Guard to replace aging 41-
foot Utility Boats that are less able to handle Coast Guard
mission requirements, particularly maritime security
requirements that have changed significantly since September
11, 2001. With the acquisition of RB-Ms, the Coast Guard will
be able to perform its duties more efficiently by allowing
crews, for example, to be onsite to a rescue more quickly. The
RB-Ms serve as an ideal platform for search and rescue; ports,
waterways, and coastal security; drug interdiction; and migrant
interdiction. Further, the RB-M supports marine safety, aids to
navigation, marine environmental protection, and defense
readiness missions.
IN-SERVICE CUTTER SUSTAINMENT
While no funding is proposed in fiscal year 2013 for in-
service cutter sustainment, over $264,000,000 is included in
capital investment plan estimates for fiscal years 2014-2017.
As required in fiscal year 2012, the Committee expects the
long-term fiscal plan for this effort to be submitted to the
Committees no later than June 23, 2012. Given the success of
the Mission Effectiveness Projects and the rehabilitation of
the 110' patrol boats at the Coast Guard Yard, the Committee
expects the Coast Guard to direct sustainment work on all aging
vessels there when geographically feasible.
NATIONAL SECURITY CUTTER
The Coast Guard operates a fleet of 378-foot High Endurance
Cutters [HECs] that are over 43 years old on average, and are
increasingly unreliable and expensive to maintain. By
comparison, the average Navy ship is 20 years old. The Coast
Guard's program of record is to acquire 8 National Security
Cutters [NSCs] to replace 12 HECs (of which 3 have been
decommissioned with the arrival of the first 3 NSCs). To date,
approximately $3,199,000,000 has been appropriated for five
NSCs and long lead time materials [LLTM] for NSC-6. Three NSCs
have been delivered to the Coast Guard, the fourth is expected
to be delivered in fiscal year 2014, and the fifth in fiscal
year 2016.
NSC-1 [USCGC Bertholf] has already achieved several
operational successes, including the seizure of 1,300 kilograms
of contraband with an estimated street value of $61,000,000
during its October-December 2011 patrol. During its first
patrol in 2011, NSC-2 [USCGC Waesche] seized 938 kilograms of
contraband with an estimated street value of $24,800,000.
As noted in prior years, the Committee strongly supports
the procurement of one National Security Cutter per year until
all eight planned ships are procured. The continuation of
production without a break will ensure that these ships, which
are vital to the Coast Guard's mission, are procured at the
lowest cost, and that they enter the Coast Guard fleet as soon
as possible. The Committee is concerned that the
administration's current acquisition policy requires the Coast
Guard to attain total acquisition cost for a vessel, including
long lead time materials, production costs, and post-production
costs, before a production contract can be awarded. This has
the potential to create shipbuilding inefficiencies, force
delayed obligation of production funds, and require
postproduction funds far in advance of when they will be used.
The budget request to rescind and reappropriate $25,000,000
previously appropriated for NSC-4 post-production costs is
evidence that this policy is misguided. The Department should
be in a position to acquire NSCs in the most efficient manner
within the guidelines of strict governance measures. Therefore,
the Committee includes language in the bill specifying that
funds made available by this act shall be available to contract
for long lead time materials for Coast Guard vessels,
notwithstanding the availability of funds for production costs
or post-production costs.
For NSC-6, the Committee includes $13,300,000 for Segment 2
of LLTM, $15,700,000 below the request due to savings realized
in the contract after the budget request was formulated. The
Committee recommendation also includes $557,000,000, as
requested, for production and $50,000,000 for post-production
costs, $22,000,000 below the request due to the fact that these
funds are not necessary until fiscal years 2018 and 2019 and
would expire prior to obligation.
The request includes no funding in its outyear Capital
Investment Plan for NSC-7 or NSC-8 despite the fact that the
requirement for NSCs continues to be eight cutters. The
Administration's request to zero out funding for the NSC is
contrary to previous testimony by the Secretary of Homeland
Security and is inconsistent with testimony from the Commandant
before the Committee. Therefore, the recommendation includes
$77,000,000 to acquire LLTM necessary for the production of
NSC-7. Finally, the recommendation includes $25,000,000 for
post-production costs for NSC-4 with a corresponding rescission
of funds that are expected to expire prior to obligation. This
rescission is included in a general provision.
According to the Department, this will accelerate the
production schedule for the cutter and result in direct savings
of approximately $40,000,000 compared to delaying long lead
acquisition to fiscal year 2014.
FAST RESPONSE CUTTER
The Committee recommends $335,000,000 for the Coast Guard's
Fast Response Cutter [FRC], $196,000,000 above the request for
a total of six cutters instead of two cutters. This funding
will allow the Coast Guard to acquire FRC hulls (19-24).
Procuring six Fast Response Cutters in fiscal year 2013 will
maximize the production line and generate cost savings of
$5,000,000 per hull for a total savings to the taxpayers of
$30,000,000. Funding six boats instead of four will also allow
the Coast Guard to advance the replacement of aging 110-foot
Island Class Patrol Boats already beyond the end of their
projected service life and expensive to maintain.
The Coast Guard is currently operating with a shortfall of
25,075 hours (25 percent) below its 1998 baseline of required
patrol hours. Each FRC will provide 2,500 annual operating
hours and an improved sea keeping ability, resulting in better
habitability and full-mission capability in higher sea states.
MEDIUM ENDURANCE CUTTER SUSTAINMENT
The recommendation includes $13,000,000 for the Medium
Endurance Cutter Sustainment Project, as requested. Funding
will complete sustainment work on the final two 270-foot
cutters. This funding is intended to improve mission
effectiveness of these vessels to allow them to meet their
goals for program availability through the remainder of their
service lives. This program has been successful in
significantly reducing the number of major equipment failures
on these vessels resulting in a much higher percentage of time
they are fully mission capable.
OFFSHORE PATROL CUTTER
The recommendation includes $30,000,000 for the Offshore
Patrol Cutter [OPC], as requested. Funding is provided for pre-
acquisition activities. The Coast Guard expects to release a
preliminary contract design ``request for proposal'' by the end
of fiscal year 2012 with a contract award expected in fiscal
year 2013. A final detailed design and construction award is
expected in fiscal year 2016.
The OPC's initial capabilities to control and direct
aircraft as well as execute interdiction missions should, to
the greatest extent feasible, be equivalent to that of the NSC
to facilitate maximum savings to the Federal Government, rather
than being deferred to future upgrades that add to total cost
of ownership. The Committee urges the Coast Guard to maximize,
to the greatest extent practicable, such systems commonality
between the OPC and the NSC to reduce total acquisition cost
and life-cycle costs facilitated by savings in life-cycle
logistics management, integration costs, and personnel training
efficiencies.
POLAR ICEBREAKER
The recommendation includes $8,000,000, as requested, to
initiate survey and design activities for a new Coast Guard
polar icebreaker. The Coast Guard's two heavy polar icebreakers
(Polar Star and Polar Sea), the only U.S. vessels that have the
capability to perform year-round operations in the polar
regions, are currently inoperable, with the Polar Sea set to be
decommissioned and Polar Star set to be reactivated in 2013 for
an additional 7 to 10 years of service life. Both the Polar Sea
and Polar Star were commissioned in the late 1970's and have
exceeded their expected service life of 30 years. The Coast
Guard's high latitude study, which was completed in 2010,
concluded that additional icebreaking assets are necessary in
the polar regions. This followed a National Academy of Science
study that made similar conclusions. The Coast Guard has
indicated that its mission needs statement [MNS] for this
acquisition is to be completed by June 2012. The Coast Guard
shall submit this document to the Committee no later than 30
days after it receives Departmental approval and brief the
Committee on its timeline for completing a concept of
operations, market research, specification development, and
other acquisition milestones leading to a request for proposal
and contract award.
MARITIME PATROL AIRCRAFT
The Committee recommends $43,000,000 for the Maritime
Patrol Aircraft [MPA], as requested. Funds are recommended for
the acquisition of one aircraft (MPA-18), which will provide an
additional 1,200 hours to address the Coast Guard's MPA flight-
hour gap.
LONG RANGE SURVEILLANCE AIRCRAFT
The Committee notes that the Capital Investment Plan
projects outyear funding for the acquisition of new C-130Js in
lieu of extending and upgrading the legacy fleet of C-130Hs.
The Committee understands that the updated acquisition program
baseline [APB] for this aircraft is in the final stages of
approval. The Coast Guard is to submit a copy of the revised
APB to the Committee upon its approval by DHS. Further, the
Committee is growing increasingly concerned about the
acquisition of the 7th and 8th C-130Js. Funds for acquiring
these aircraft were provided to the Department of Defense in
the fiscal year 2010 Supplemental Appropriations Act. To date,
a contract has not been awarded and funds will expire at the
end of fiscal year 2012. The Coast Guard shall maintain
frequent communications regarding developments with regard to
this acquisition, including the follow-on missionization
contract for the planes.
C-27J AIRCRAFT
In an attempt to live within a more constrained budget
environment, the U.S. Air Force has targeted over 280 aircraft
for elimination over the next 5 years, including 21 C-27Js.
With missionization and adequate funds for operation, these
aircraft could be converted for Coast Guard use. Given the
multitude of Coast Guard acquisition requirements and the
billions of dollars necessary to fulfill them, the Coast Guard
should consider obtaining these aircraft through a transfer
from the U.S. Air Force if it makes a compelling business case
for the service and if the divestiture proposal is approved by
Congress. The Committee understands the Coast Guard is in the
process of conducting a holistic cost analysis to compare the
fiscal tradeoffs of obtaining the C-27Js from the Air Force in
lieu of its current fixed wing aircraft acquisition program of
record, or some variant thereof. The Committee expects this
analysis to include, but not be limited to, tradeoffs in the
operating costs compared to Maritime Patrol Aircraft and the C-
130J, as well as missionization costs, pilot training, and
maintenance costs. The Coast Guard is to maintain frequent
communication with the Committee as its cost analysis
progresses and on any other developments related to these
aircraft.
UNMANNED AIRCRAFT SYSTEMS
The Committee is aware of efforts by the Coast Guard to
evaluate both ship-based and land-based Unmanned Aircraft
Systems [UAS] for mission requirements. Both platforms have the
potential to enhance the Coast Guard's capability to execute
statutory requirements in the maritime domain. The Coast Guard
has reported to the Committee that its long standing plan to
add vertical take-off unmanned aircraft systems to National
Security Cutters would result in an estimated 95- to 225-
percent increase in surveillance coverage within an 80-mile
radius of the cutter and an estimated 95-percent increase in
the number of prosecutions achieved by the cutter. The
Committee continues to be very supportive of the use of
vertical take-off unmanned aircraft systems aboard Coast Guard
cutters and strongly encourages the Coast Guard to ensure that
the test and development is not delayed for this enhanced
surveillance capability.
The Committee understands the Coast Guard recently received
approval from the Department to pursue a small UAS as an
interim capability for the NSC. The Coast Guard is to keep the
Committee informed of its efforts in this area. With regard to
land-based UAS, the development process has been extremely slow
and is still in the ``Need'' phase of the acquisition process.
The Committee is concerned that the land-based mission need
statement [MSN] was sent to DHS headquarters in November of
2010, but it wasn't endorsed by the Joint Requirements Council
until January 31, 2012. The MSN is currently pending approval
from the DHS Acquisition Authority. The Coast Guard is to keep
the Committee apprised of its efforts for both cutter-based and
land-based UAS development, including the reason for any delays
in the acquisition process.
INTERAGENCY OPERATIONS CENTERS
In the Safe Port Act of 2006, Congress required the Coast
Guard to establish Interagency Operations Centers [IOCs] in
order for maritime information to be shared between Federal and
State port partners. According to a December 16, 2010, Federal
Register Notice, ``IOCs will provide information systems,
facilities, and sensors needed to conduct daily, 24/7 tactical
coordination of port-level activities.'' A recent Government
Accountability Office [GAO] report (GAO-12-202) revealed that
no Coast Guard sector has achieved IOCs with full operating
capability. Only 12 sectors have received the Coast Guard's
information sharing system named ``Watchkeeper'', and according
to GAO, 80 percent of port partners at those sectors were not
using the system during its evaluation period. GAO made several
recommendations in report GAO-12-202, including the inclusion
of port partner input, and improvements in requirements
development, cost estimating, and scheduling for the delivery
of Watchkeeper. The Coast Guard is to brief the Committee no
later than 90 days after the date of enactment of this act on
its progress in addressing GAO's recommendations and on its
updated acquisition costs necessary to achieve full operating
capability.
SHORE FACILITIES AND AIDS TO NAVIGATION
The Committee recommends $69,411,000 for shore facilities
and aids to navigation, as requested. As requested, the
recommendation includes $5,000,000 for a rinse rack for C-130s
at Air Station Barbers Point, Hawaii; $5,000,000 for hangar
renovations for rotary wing aircraft in Cold Bay, Alaska;
$1,100,000 to replace aged fuel tanks at Sitkinak, Alaska; and
$1,900,000 for a boat ramp at Station New York, New York to
hoist and launch Coast Guard small boats.
The Coast Guard has estimated its shore facilities
construction backlog to be over $527,000,000. The Coast Guard
shall provide the Committee with a prioritized list of projects
(including the estimated cost for each) in the backlog and the
Coast Guard's plans to address them no later than 45 days after
the date of enactment of this act. In addition, if there are
changes to the projects listed in the fiscal year 2013 budget
justification for major acquisition systems infrastructure, the
Coast Guard shall include a detailed description of the changes
in the report.
COAST GUARD MILITARY HOUSING
The Committee provides $10,000,000 above the request for
the recapitalization, improvement, and acquisition of housing
to support military families. Of this amount, $3,900,000 is
derived from the Coast Guard Housing Fund. The Coast Guard
shall provide an expenditure plan to the Committee for these
funds in the shore facilities report required 45 days after the
date of enactment of this act.
AC&I PERSONNEL
The Committee provides $117,398,000 for personnel and
related support, as requested.
UNFUNDED PRIORITIES
The Committee directs the Commandant to provide to the
Congress, at the time of the President's budget submission, a
list of approved but unfunded Coast Guard priorities and the
funds needed for each.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriations, 2012.................................... $27,779,000
Budget estimate, 2013................................... 19,728,000
Committee recommendation................................ 19,728,000
The Coast Guard's Research and Development program develops
techniques, methods, hardware, and systems that directly
contribute to increasing the productivity and effectiveness of
the Coast Guard's operating missions. This account provides
funds to operate and maintain the Coast Guard Research and
Development Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $19,728,000 for the Coast Guard's
research, development, test, and evaluation activities, the
same as the budget request and $8,051,000 below the fiscal year
2012 level.
The Deepwater Horizon oil spill highlighted the need for
improved basic oceanographic research and the research and
development of new oil spill response and removal technologies.
The Committee believes that innovative technologies, such as
unmanned maritime vehicles [UMVs], can improve prediction
accuracy for oil spill response efforts through better
trajectory models, provide real-time data telemetry, and reduce
operational response costs. Of the funds available under this
heading, the Committee directs the Commandant to study the
viability and applicability of persistent, UMVs and other cost-
saving maritime technologies through a competitive process.
This assessment should consider technologies that complement
and enhance the Coast Guard's marine environmental protection
capabilities, and emphasis shall be given to technologies which
also have potential applications for other Coast Guard
missions, such as search and rescue; port, waterways, and
coastal security; marine debris removal; drug interdiction; and
migrant interdiction.
RETIRED PAY
Appropriations, 2012.................................... $1,440,157,000
Budget estimate, 2013................................... 1,423,000,000
Committee recommendation................................ 1,423,000,000
This account provides for the retired pay of military
personnel of the Coast Guard and Coast Guard Reserve, members
of the former Lighthouse Service, and for annuities payable to
beneficiaries of retired military personnel under the retired
serviceman's family protection plan (10 U.S.C. 1431-1446) and
survivor benefit plan (10 U.S.C. 1447-1455); payments for
career status bonuses under the National Defense Authorization
Act; and payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C., ch. 55).
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,423,000,000, as proposed in the
budget, for retired pay. This amount is $17,157,000 below the
fiscal year 2012 level.
United States Secret Service
SALARIES AND EXPENSES
Appropriations, 2012.................................... $1,661,237,000
Budget estimate, 2013................................... 1,544,113,000
Committee recommendation................................ 1,555,913,000
The United States Secret Service's [USSS], salaries and
expenses appropriation provides funds for the security of the
President, the Vice President, and other dignitaries and
designated individuals; for enforcement of laws relating to
obligations and securities of the United States and laws
relating to financial crimes; and for protection of the White
House and other buildings within the Washington, DC,
metropolitan area.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,555,913,000 for salaries and
expenses. This is a decrease of $105,324,000 from the fiscal
year 2012 level and $11,800,000 above the amount proposed in
the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
UNITED STATES SECRET SERVICE--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2013 budget Committee
2012 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, management, and administration................... 191,588 174,669 174,669
Information Integration and Technology Transformation.......... 43,843 1,137 1,137
Protection:
Protection of persons and facilities....................... 832,463 837,646 857,501
Protective intelligence activities......................... 68,125 68,373 68,373
National Special Security Event Fund....................... 19,307 4,500 4,500
Presidential candidate nominee protection.................. 113,462 57,960 57,960
White House mail screening................................. 18,472 19,855 (\1\)
------------------------------------------------
Subtotal, Protection..................................... 1,051,829 988,334 988,334
================================================
Investigations:
Domestic field operations.................................. 223,991 238,553 297,508
International field office administration, operations, and 32,971 31,016 31,016
train- ing...............................................
Electronic crimes special agent program and electronic 53,051 54,655 (\2\)
crimes task forces........................................
Support for missing and exploited children................. 8,366 .............. 7,500
------------------------------------------------
Subtotal, Investigations................................. 318,379 324,224 336,024
================================================
Training: Rowley Training Center............................... 55,598 55,749 55,749
------------------------------------------------
Total, Salaries and expenses............................. 1,661,237 1,544,113 1,555,913
----------------------------------------------------------------------------------------------------------------
\1\Funded under ``Protection of Persons and Facilities''.
\2\Funded under ``Domestic Field Operations''.
SECRET SERVICE ACTIVITIES
The Committee fully funds the request for the 2012
Presidential campaign, protective intelligence, and
investigations. The Committee also fully funds the White House
mail screening and the electronic crimes special agent program
and electronic task force activities, but has moved the funds
to the ``Protection of Persons and Facilities'' and ``Domestic
Field Operations'' PPAs, respectively. Included in the amount
recommended for ``Domestic Field Operations'' is $4,300,000
above the request for priority investigations undertaken by the
Secret Service.
As a result of the improper behavior involving 12 Secret
Service agents and officers in Cartagena, Colombia, on April
12, 2012, the Director of the Secret Service issued enhanced
standards of conduct on April 27, 2012, which immediately went
into effect. These guidelines explicitly address the standards
and behaviors to which each employee will adhere when on duty--
whether domestically or abroad--and include rules regarding
standards of conduct briefings, a prohibition on foreign
nationals in hotel rooms, drinking of alcohol, and the
professional code of conduct. Additional ethics training is
being conducted for every employee. As stated by the Director:
``Each point of the Secret Service star represents one of
the agency's five core values: justice, duty, courage, honesty,
and loyalty. These values should resonate with each man and
woman in our organization. The building block--the very
foundation--of these values is our personal and professional
code of conduct. To that end, you are expected to always
conduct yourselves in a manner that reflects credit on you, the
Secret Service, the Department of Homeland Security, and--most
importantly--the United States Government and the citizens that
we serve.''
The Committee notes the swift and decisive action taken by
the Director to immediately address the situation, conduct a
thorough investigation, and take appropriate disciplinary
action against the individuals involved. The Committee
understands that a Professionalism Reinforcement Working Group
[PRWG] has been established by the Director to examine the
Secret Service's professional standards of conduct as they
relate to training, policies, and procedures to ensure the
agency is providing the proper foundation for and reinforcement
of its high standards. The Committee directs the Secret Service
to provide quarterly briefings on the PRWG's activities.
The Committee also understands that the Secret Service is
working with the Office of the Inspector General on an
independent investigation and expects to be kept regularly
briefed on the investigation.
NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN
For more than a decade, the Secret Service has provided
funding for grants as well as computer forensic support to the
National Center for Missing and Exploited Children [NCMEC]. In
fiscal year 2011, the $6,000,000 in grant funds provided to
NCMEC constituted 13 percent of the Center's budget. Since
1997, the Secret Service assisted NCMEC by opening more than
2,208 investigative cases throughout the Secret Services field
offices which resulted in 566 arrests of child predators and
others. In fiscal year 2011 alone, Secret Service participation
in Operation Safe Kids helped parents fingerprint and/or
photograph 6,155 children and provided forensic support for
missing and exploited children, leading to 145 arrests.
For fiscal year 2013, the Committee recommends $6,000,000
for grants in support of missing and exploited children and
expects USSS to sustain forensic support at the fiscal year
2012 level of $2,366,000. The Secret Service shall identify and
inform the Committee as to which PPAs will absorb an $866,000
reduction in order to sustain that level.
NATIONAL SPECIAL SECURITY EVENTS
The Committee recommends $4,500,000, as requested, for
support to currently planned and unanticipated National Special
Security Events [NSSEs] for fiscal year 2013. As the Secret
Service knows in advance of a number of NSSEs scheduled to
occur during the fiscal year, it has been able to plan its
budget accordingly. The Committee directs the USSS to continue
to provide quarterly briefings on the use of these funds, with
the first briefing to occur not later than 45 days after the
end of the first quarter.
INFORMATION INTEGRATION AND TECHNOLOGY TRANSFORMATION
The Committee recommends $1,137,000 for Information
Integration and Technology Transformation [IITT] personnel and
related activities, as requested. The Committee also supports
the transfer of the bulk of this program to the ``Acquisition,
Construction, Improvements, and Related Expenses'' account.
While the Secret Service has made great progress in
implementing its information technology program, the Committee
continues statutory language withholding $20,000,000 of these
funds from obligation until the DHS CIO certifies to the
Committee not later than 60 days after the date of enactment of
this act, that Secret Service modernization activities are
consistent with the Department's guidance.
The Committee also directs the USSS to provide greater
detail in the justifications accompanying the fiscal year 2014
budget request on all USSS information technology activities.
REPROGRAMMING THRESHOLDS
Statutory language is included in the bill setting a higher
threshold for the reprogramming of funds in section 503 of this
act to accommodate unanticipated shifts in funding requirements
for protection and investigation activities.
INTERNATIONAL ACTIVITIES AND OFFICES
In the fiscal year 2012 Department of Homeland Security
Appropriations Act, the Committee provided resources to support
the opening of new international field offices in Lima, Peru
and Beijing, China to stem counterfeiting activity and better
facilitate protectee travel. The Committee expects sufficient
funds to be requested in the fiscal year 2014 budget to
maintain the offices and directs a briefing on the status of
the staffing and activities at these offices not later than
February 15, 2013.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2012.................................... $5,380,000
Budget estimate, 2013................................... 56,750,000
Committee recommendation................................ 56,750,000
This appropriation provides funding for security upgrades
of existing facilities; for information integration and
technology transformation; to continue development of the
current master plan; to maintain and renovate existing
facilities, including the James J. Rowley Training Center
(Center); and to ensure efficient and full utilization of the
Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $56,750,000, as requested, for
infrastructure improvements, IITT, and other activities.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
The National Protection and Programs Directorate aims to
foster better integration of national approaches between
strategic homeland security programs, facilitate infrastructure
protection, ensure broad emergency communications capabilities,
and ensure the protection of Federal buildings and facilities.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year 2013 Committee
2012 enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and administration............................... 50,695 50,321 50,321
Infrastructure protection and information security:
Infrastructure protection............................... 295,452 255,082 269,792
Cybersecurity........................................... 443,176 769,004 755,604
Communications.......................................... 149,615 142,547 144,187
---------------------------------------------------
Subtotal, Infrastructure protection and information 888,243 1,166,633 1,169,583
security.............................................
===================================================
Federal Protective Service.................................. 1,261,537 1,301,824 1,301,824
United States Visitor and Immigrant Status Indicator 306,802 (\1\) (\1\)
Technology.................................................
---------------------------------------------------
Total, National Protection and Programs Directorate 2,507,277 2,518,778 2,521,728
(gross)..............................................
===================================================
Offsetting fee collections.................................. -1,261,537 -1,301,824 -1,301,824
---------------------------------------------------
Total, National Protection and Programs Directorate 1,245,740 1,216,954 1,219,904
(net)................................................
----------------------------------------------------------------------------------------------------------------
\1\Funded under title II, in ``U.S. Customs and Border Protection''.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2012.................................... $50,695,000
Budget estimate, 2013................................... 50,321,000
Committee Recommendation................................ 50,321,000
This account funds salaries and expenses for the Office of
the Under Secretary, which oversees all activities of the
National Protection and Programs Directorate [NPPD]. This
account also funds business operations and information
technology support services.
COMMITTEE RECOMMENDATIONS
The Committee recommends $50,321,000 for ``Management and
Administration'', $374,000 below fiscal year 2012 and the same
amount as the budget request. No funding is provided for risk
management and analysis activities, which reflects a transfer
of the function and funding to the Department's Office of
Policy in fiscal year 2012. Additionally, the amount includes a
realignment of resources from NPPD ``Information Protection and
Information Security'' to ``Management and Administration'' to
centralize business support.
A provision is included in the bill requiring the Under
Secretary for NPPD to submit an expenditure plan for the Office
of Cybersecurity and Communications and the Office of
Infrastructure Protection not later than 90 days after the date
of enactment of this act. The Committee notes that NPPD has
made strides to better align expenditures to the year in which
funding is appropriated. Carryover amounts are estimated to be
significantly lower than in previous years. NPPD offices are
encouraged to continue improving budget discipline. NPPD is
directed to more carefully review its Congressional
Justification to prevent errors and should officially submit
updated information correcting any such errors without delay.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
Appropriations, 2012.................................... $888,243,000
Budget estimate, 2013................................... 1,166,633,000
Committee recommendation................................ 1,169,583,000
Infrastructure Protection and Information Security [IPIS]
assists the entities and people responsible for securing the
Nation's critical infrastructure assets. In addition, IPIS
works collaboratively with State, local, public, private, and
international entities to secure cyberspace and U.S. cyber
assets, and reduce the vulnerability of the Nation's
telecommunications and information technology infrastructures.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$1,169,583,000 for ``Infrastructure Protection and Information
Security'' [IPIS] programs. The following table summarizes the
Committee's recommendations as compared to the fiscal year 2012
and budget request levels:
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2013 budget Committee
2012 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Infrastructure protection and information security:
Infrastructure protection:
Infrastructure analysis and planning................... 70,518 56,909 59,692
Sector management and governance....................... 74,219 67,132 67,132
Regional field operations.............................. 57,367 56,497 56,497
Infrastructure security compliance..................... 93,348 74,544 86,471
------------------------------------------------
Subtotal, Infrastructure protection.................. 295,452 255,082 269,792
================================================
Cybersecurity and communications:
Cybersecurity:
Cybersecurity coordination............................. 4,500 3,995 3,995
US-Computer Incident Response Team [US-CERT] Operations 79,116 93,002 93,002
Federal network security............................... 35,000 236,014 217,606
Network security deployment............................ 229,000 345,046 345,046
Global cybersecurity management........................ 23,992 21,957 25,965
Critical infrastructure cyber protection and awareness. 60,000 62,763 63,763
Business operations.................................... 11,568 6,227 6,227
------------------------------------------------
Subtotal, Cybersecurity.............................. 443,176 769,004 755,604
================================================
Communications:
Office of emergency communications..................... 43,495 38,689 41,726
Priority telecommunications services................... 56,074 53,286 53,286
Next generation networks............................... 25,253 20,000 25,253
Programs to study and enhance telecommunications....... 13,441 19,594 12,944
Critical infrastructure protection programs............ 11,352 10,978 10,978
------------------------------------------------
Subtotal, Communications............................. 149,615 142,547 144,187
================================================
Subtotal, Cybersecurity and communications........... 592,791 911,551 899,791
================================================
Total, Infrastructure protection and information 888,243 1,166,633 1,169,583
security............................................
----------------------------------------------------------------------------------------------------------------
INFRASTRUCTURE PROTECTION
The Committee recommends $269,792,000 for Infrastructure
Protection, $25,660,000 below the fiscal year 2012 level and
$14,710,000 above the request. Overall, the budget proposes a
13.7 percent reduction to Infrastructure Protection programs.
The Committee is concerned that missions designed to protect
against threats to infrastructure received low priority in the
request. As evidenced by the 2010 attempted bombing in New York
City's Times Square, the threat of a lone actor carrying out a
physical attack is present. The Committee has made choices to
fund targeted programs at a level above the request, such as
bombing prevention and vulnerability assessments, to ensure the
Nation is maintaining a coordinated domestic defense against
threats to critical infrastructure.
For the Office of Bombing Prevention, the Committee
recommends $13,551,000, the same level as fiscal year 2012 and
$2,143,000 above the request. This level of funding will
sustain needed training and awareness for State, local, and
private sector entities on how terrorists use explosives; and
needed analysis of counter-explosives requirements,
capabilities, and gaps. The Committee is aware of the Office's
efforts to work with the National Guard on training and
encourages the Office to analyze efficiencies that could be
gained through coordination with the National Guard's
counterdrug training mission. The Committee further encourages
the Office to work with the Department of Defense on
capabilities related to counter explosives, including the
possible transfer, equipping, and storage of electronic
countermeasures. The Office should continue to explore
applicable capabilities from defense programs that comply with
domestic policies and protections, such as privacy.
The Committee recommends $21,268,000 for vulnerability
assessments, the same level as fiscal year 2012 and $680,000
above the request. The Committee notes that in conducting
assessments on the risks to critical infrastructure and key
resources, interdependencies on associated infrastructure are
often discovered. The Committee encourages NPPD to ensure this
information is shared regionally to maximize the benefits of
the assessments and facilitate planning for restoration of
services post-disaster.
Of the total amount available, the Committee recommends no
less than $16,000,000 for the National Infrastructure
Simulation and Analysis Center, as requested.
The Committee encourages the Office of Infrastructure
Protection to continue its efforts related to training which
meets requirements for safety and security at large venues.
The Committee recommends $86,471,000 for Infrastructure
Security Compliance, $11,927,000 above the request and
$6,877,000 below the fiscal year 2012 level. Infrastructure
Security Compliance funding is provided for implementation of
the Chemical Facility Anti-Terrorism Standards [CFATS] program.
A recent internal review of the CFATS program found significant
issues with its implementation. The Department is to be
commended for conducting the review; however, transparency and
completing needed improvements are imperative. The budget
request proposes a 20-percent cut to the CFATS program,
justified by high annual carryover balances. This budget
proposal was developed before a detailed plan to address the
implementation problems had been completed. The Committee
understands that within the third and fourth quarters of fiscal
year 2012, a detailed manpower and systems review will be
completed. Initial action items show that fiscal year 2013
costs will likely need to be incurred for additional personnel,
training, and information technology. The Committee notes it
would be shortsighted, in the meantime, to take the full amount
of proposed savings when the need for improvement has been
documented. Funding will not resolve all of the outstanding
issues, but the proposed cuts are too deep to ensure change for
the better can be completed.
The Under Secretary of NPPD is directed to provide a report
to the Committee detailing the findings of the action plan
associated with the internal review not later than 90 days
after the date of enactment of this act, including all
associated costs. In order to more completely measure the needs
of the CFATS program on a consistent basis, the Under Secretary
of NPPD is also directed to submit a report on the
implementation of the CFATS program to the Committee on a
semiannual basis that includes the number of: facilities
covered; inspectors; completed inspections; inspections
completed by region; pending inspections; days inspections are
overdue; enforcements resulting from inspections; and
enforcements overdue for resolution. This data should be
delineated by tier. The first report shall be submitted not
later than 90 days after the date of enactment of this act.
Finally, the Committee has repeatedly expressed concern
over the few number of inspections completed and the lack of
trained employees in place to conduct such inspections through
CFATS. The previously mentioned internal manpower and systems
review will enumerate the total number of inspectors needed.
The Committee expects this information will be included in the
report required in the previous paragraph. To ensure
inspections are still actively pursued throughout the CFATS
program improvement, NPPD is directed to maintain no fewer than
148 FTE in the inspector cadre for fiscal year 2013.
While the CFATS program is in need of significant
improvement, a recent survey by the American Chemistry Council
found that companies have made substantial investments in
security upgrades as a result of CFATS and they are actively
engaged in knowing, assessing, and managing their risks. The
survey found that the risk-based performance standards approach
is effective. Since the program's inception, more than 1,670
facilities have completely removed chemicals of interest and
more than 700 facilities have reduced the quantity of stored
chemicals for better security. These findings emphasize the
accomplishments made by government and industry working
together and the need to continue the program.
The Committee notes a requirement, under title I, for the
Deputy Secretary to continue semiannual reporting to the
Committee on harmonizing chemical security responsibilities
with all relevant Departmental components. NPPD is expected to
continue its involvement in this effort.
CYBERSECURITY
The Committee recommends $755,604,000 for cybersecurity
programs, $13,400,000 below the budget request and $312,428,000
above the fiscal year 2012 level.
Of the total amount, the Committee recommends $217,606,000
for Federal Network Security, $18,408,000 below the request and
$182,606,000 above the fiscal year 2012 level. The budget
request includes $202,046,000 for a new cybersecurity
capability to provide continuous monitoring for the civilian
Federal computer network. The Committee recommends $183,638,000
for this effort, which will provide for robust implementation
but also a disciplined approach to ensure lessons are learned
before deployment to all Federal agencies. A provision is
included in the bill withholding from obligation $120,000,000
of the amount provided for this effort until the Committee
receives a detailed expenditure plan and a timeframe for
implementation. The expenditure plan should serve two purposes.
First, the Committee understands the approach to implement this
capability has evolved since it was originally proposed in the
budget. Now, instead of being a federated system managed by
individual agencies, it will be a more effective unified
security program, managed by DHS. The plan shall clearly
explain the revisions to program implementation, the most
critical of which is that funds will not be directly allocated
to other Federal agencies. The Committee directs NPPD not to
augment other agencies appropriations with this funding.
Second, the plan should demonstrate a disciplined approach to
budgeting and implementation that is properly aligned with the
timing of appropriated funds. The need for the protection that
this program will provide requires expedient action which the
Committee believes is being carefully considered. However,
clear documentation through an expenditure plan will provide
the type of transparency for necessary oversight.
The Committee understands that NPPD is constantly
evaluating the most effective ways to implement the National
Cybersecurity Protection System [NCPS], known as Einstein. The
system must be agile and able to evolve with both technological
advances and the threat. NPPD's efforts, in conjunction with
the National Security Agency, to keep the Committee apprised of
the most recent approaches are useful. The Committee encourages
NPPD to continue its proactive approach to managing the NCPS,
by carefully balancing the need for evolution with disciplined
program management.
The Committee recommends $25,965,000 for Global
Cybersecurity Management, of which $16,876,000 is for
cybersecurity education. The Committee notes the proposed
$2,008,000 reduction below the fiscal year 2012 level for
cybersecurity education programs would defer the assessment of
the national cybersecurity workforce by 2 years. The
justification for the delay is to ``serve higher-priority
cybersecurity efforts''; however, investments proposed in
technology will not be useful if there is not a trained
workforce to support those tools in future years.
The Committee includes $63,763,000 for Critical
Infrastructure Cyber Protection and Awareness. The Committee
recognizes the importance of programs that improve the
cybersecurity posture of State, local, territorial, and tribal
governments and encourages NPPD to fully support these
important initiatives.
NATIONAL CYBERSECURITY REVIEW
In March of 2012, the Department completed the first
National Cyber Security Review assessing the cybersecurity
capabilities of State and local jurisdictions. This voluntary
effort surveyed the capabilities of 162 States, territories,
and localities across the country. This well-executed effort
strengthened partnerships between levels of government, created
a baseline of the cybersecurity posture of multiple levels of
government, and identified areas on which to focus future
cybersecurity efforts. The Committee expects that this survey
will be updated every other year so that progress may be
charted and further areas of concern may be identified.
Additionally, NPPD is encouraged to consider privacy as a focus
area in future surveys.
NPPD is directed to brief the Committee within 90 days
after the date of enactment of this act on mitigation steps
that can be taken to assist survey respondents with improving
their cybersecurity capabilities, and how NPPD could undertake
validation of the survey results and how that validation could
be useful to the survey respondents.
COMMUNICATIONS
The Committee recommends $144,187,000 for communications
programs, $5,428,000 below the fiscal year 2012 level and
$1,640,000 above the budget request.
Of the total amount recommended, $41,726,000 is for the
Office of Emergency Communications, $1,769,000 below the fiscal
year 2012 level and $3,037,000 above the budget request. The
Committee is concerned that a reduction is proposed when there
are known needs in communications. In a recent GAO report (GAO-
12-343) on emergency communications, challenges were identified
that are likely to slow implementation of a public safety
broadband network. Several Federal agencies have
responsibilities in this area, but specifically, GAO recommends
that DHS work with Federal, State, and local partners to
identify and communicate opportunities for joint procurement of
devices that will be used on the broadband network to ensure
public safety agencies are not overpaying for handheld
communications devices. Given that 22 communities are currently
seeking expedited use of broadband, that Congress has provided
more than $7,000,000,000 to expand broadband in the United
States, and that the Federal Communications Commission is
developing technical rules associated with the use of
broadband, now is the time to invest in the needed planning,
testing, technical assistance, and standardization for
efficient use of the infrastructure.
The Committee also recommends $25,253,000 for Next
Generation Networks, the same level as provided in fiscal year
2012, and $5,253,000 above the request. The proposed reduction
would delay priority services capability in the core networks
by 1 year. Industry has already indicated that degradation of
priority services in the network may begin as early as 2015,
and market forces, including success of broadband, may hasten
this schedule. A delay in the schedule will jeopardize the
capacity for priority communications during an emergency on
commercial carriers modernized networks.
FEDERAL PROTECTIVE SERVICE
Appropriations, 2012\1\................................. $1,261,537,000
Budget estimate, 2013\1\................................ 1,301,824,000
Committee recommendation\1\............................. 1,301,824,000
\1\Fully funded by offsetting collections paid by General Services
Administration tenants and credited directly to this appropriation.
The Federal Protective Service [FPS] is responsible for the
security and protection of Federal property under the control
of the General Services Administration [GSA]; and for the
enforcement of laws for the protection of persons and property,
the prevention of breaches of peace, and enforcement of any
rules and regulations made and promulgated by the GSA
Administrator and/or the Secretary. The FPS authority can also
be extended by agreement to any area with a significant Federal
interest. The FPS account provides funds for the salaries,
benefits, travel, training, and other expenses of the program,
offset by collections paid by GSA tenants and credited to the
account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,301,824,000, as requested, for
salaries and expenses of the Federal Protective Service for
fiscal year 2013. This amount is fully offset by collections of
security fees.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................ 247,478 271,540 271,540
Building-specific security................................ 501,039 509,056 509,056
Reimbursable security fees (contract guard services)...... 513,020 521,228 521,228
-----------------------------------------------------
Total, Federal Protective Service................... 1,261,537 1,301,824 1,301,824
Offsetting fee collections................................ -1,261,537 -1,301,824 -1,301,824
----------------------------------------------------------------------------------------------------------------
The Federal Protective Service [FPS] is funded through fees
assessed to participating agencies by the Office of Management
and Budget [OMB]. A provision is included requiring the
Secretary and the Director of OMB to certify that FPS is
sufficiently funded to support 1,371 FTE, including no less
than 1,007 police officers, inspectors, area commanders, and
special agents, by December 31, 2012.
A provision is included in the bill requiring the Director
of FPS to submit an expenditure plan not later than 90 days
after the date of enactment of this act.
A provision was included in the Department of Homeland
Security Appropriations Act, 2012, requiring FPS to submit a
strategic human capital plan that aligns fee collections to
personnel requirements based on a current threat assessment by
February 6, 2012. The plan has not yet been received and the
Committee expects it to be submitted without delay. A provision
is included in the bill requiring an update of the plan, to be
submitted with the fiscal year 2014 budget request. Without
such a guiding document, decisionmakers cannot reliably match
resources to threat.
The Committee understands FPS is currently engaged in an
effort to link operations, performance, and cost data. The
Committee directs FPS to complete this effort as it is critical
in addressing the issues found by GAO related to the fee
structure and the timing of budget decisions (GAO-11-492). Two
elements of the overall current effort are to complete an
activity-based costing program and finalize implementation of
the Modified Infrastructure Survey Tool, which will replace the
Risk Assessment Management Program. The Committee encourages
such efforts to be completed expeditiously. The Office of the
Under Secretary for NPPD, in conjunction with the Director of
FPS, shall brief the Committee not later than 30 days after the
date of enactment of this act on the timeline to finalize its
management and budget improvement efforts.
Office of Health Affairs
Appropriations, 2012.................................... $167,449,000
Budget estimate, 2013................................... 166,458,000
Committee recommendation................................ 168,300,000
The Office of Health Affairs [OHA], headed by the Chief
Medical Officer who also serves as the Assistant Secretary for
Health Affairs, leads the Department on medical issues related
to natural and man-made disasters; serves as the principal
advisor to the Secretary on medical and public health issues;
coordinates biodefense activities within the Department; and
serves as the Department's primary contact with other
Departments and State, local, and tribal governments on medical
and public health issues.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$168,300,000 for Office of Health Affairs [OHA] programs. The
following table summarizes the Committee's recommendations as
compared to the fiscal year 2012 and budget request levels:
OFFICE OF HEALTH AFFAIRS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2013 budget Committee
2012 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
BioWatch....................................................... 114,164 125,294 125,294
National Biosurveillance Integration Center.................... 12,013 8,000 8,000
Chemical Defense Program....................................... 5,439 500 2,000
Planning and coordination...................................... 6,162 4,907 5,249
Salaries and expenses.......................................... 29,671 27,757 27,757
------------------------------------------------
Total, Office of Health Affairs.......................... 167,449 166,458 168,300
----------------------------------------------------------------------------------------------------------------
BIOWATCH
The Committee recommends $125,294,000 for the BioWatch
Program, $11,130,000 above the fiscal year 2012 level and the
same amount as the budget request. Of the total amount
provided, $39,904,000 is for the Generation 3 system, as
requested. A provision is included in the bill withholding
$28,500,000 from obligation for Generation 3 until the
Secretary certifies to the Committee that the science used to
develop the technology is sound and warrants operational
testing and evaluation. The Committee expects that all
Departmental subject matter experts and additional experts as
needed, will be included in such a review.
The Committee has consistently demonstrated support for the
development of an early warning network to detect biological
agents to speed response and recovery from a terrorist attack
through the BioWatch program. An October 2011 report by the
Weapons of Mass Destruction Terrorism Research Center
determined that the usefulness of BioWatch is unclear.
Biological detection is complex and BioWatch execution has
suffered from delays and system limitations as this unique
capability is developed. The next major phase of development
should be undertaken only if the Secretary determines that the
system can reliably perform. Therefore, requested funds are
provided for performance testing and program management;
however, funds for operational testing and evaluation shall not
be obligated until the Secretary certifies that it is prudent.
Should the Secretary decide that it is not prudent to move
forward with Generation 3 as it is currently designed, an
alternate plan for the way forward should be provided. Such a
plan shall clearly explain all appropriate options ranging from
needed scientific and technology enhancements to program
redesign or termination.
NATIONAL BIOSURVEILLANCE INTEGRATION CENTER
The Committee recommends $8,000,000 for the National
Biosurveillance Integration Center [NBIC], the same amount as
the budget request and $4,013,000 below the fiscal year 2012
level.
The Bio-Response Report Card, published by the Weapons of
Mass Destruction Terrorism Research Center in October 2011,
found that the United States is not prepared for a bioterrorism
attack, particularly a large-scale event. Further, it found
that the United States has made progress in strengthening
biosurveillance capabilities but systems do not adequately
involve or integrate data from various sources. The Report Card
found that while DHS does not have a fully functional and
effective system to integrate streams of surveillance, as
mandated in the 9/11 Act and by Presidential directive, ``[i]f
given more time and stable funding, DHS could potentially build
an operational and useful NBIC.''
The Committee has repeatedly expressed concern about the
lack of an adequate strategic plan that clearly delineates how
it will most effectively execute its mandated responsibility.
Therefore, a provision is included in the bill prohibiting
obligation of funding for pilot projects, 50 percent of the
NBIC budget, until the Committee receives a strategic plan for
the Center and a report that describes how each pilot project
furthers implementation of the plan. The strategic plan should
clearly identify which Federal departments and agencies OHA
coordinates with and the process, procedure, and frequency for
coordination. The report should clearly explain how pilot
projects are coordinated with relevant Federal departments to
guard against unnecessary duplication of effort.
The Committee understands that in fiscal year 2012, NBIC is
relocating to the same facility as its sister OHA offices.
While this move does not produce savings in the current fiscal
year, it should facilitate better coordination among experts
and demonstrate efficiencies in future years.
CHEMICAL DEFENSE PROGRAM
The Committee recommends $2,000,000 for the Chemical
Defense Program, $3,439,000 below the fiscal year 2012 level
and $1,500,000 above the budget request. The goal of the
Program is to develop guidance and evaluate detection and
communication technology that could be effective in a high-
consequence chemical event. To date, the program has only one
on-going pilot to demonstrate detection and response capability
in a transit system. While this pilot should garner useful
information, a complete program must provide guidance and
evaluations for all high-risk situations. In fiscal year 2012,
funding was provided for two additional demonstration projects.
The competition for those projects, based on risk, is projected
to go forward in May 2012. The Committee recommends an increase
of $1,500,000 above the request for two additional
demonstration projects, to be competitively awarded, to ensure
all high-risk situations are studied and useful information is
made available on mitigation and response measures.
PLANNING AND COORDINATION
The Committee recommends $5,249,000 for Planning and
Coordination, $913,000 below fiscal year 2012 and $342,000
above the budget request. Funding is provided to ensure OHA can
adequately fulfill its security and workforce health mission
through: guidance on catastrophic health consequences related
to a pandemic, chemical, biological, radiological or nuclear
event; completing Department health risk assessments and
resilience training; enhancing preparedness at the State, local
and tribal level; and partnering where appropriate with the
private sector and international community. The Committee also
notes the important responsibility the Food, Agriculture, and
Veterinary Defense Division is charged with through Homeland
Security Presidential Directive-9 in advising Departmental
leadership on security issues regarding food, water, agro-
defense, veterinary, and zoonotic diseases.
Of the amount provided, $1,900,000 is for the Department
medical countermeasure program, as requested. The Committee
directs OHA to consider efficiencies in executing this program
through collocation of storage, shared rotation of stockpiles,
and other prudent stockpile management measures when possible.
OHA is directed to brief the Committee not later than 60 days
after the date of enactment of this act on sustainable cost
saving measures.
SALARIES AND EXPENSES
The Committee recommends $27,757,000 for salaries and
expenses, the same amount as the budget request and $1,914,000
below the fiscal year 2012 level. Reductions are justified
based on a consistent pattern of lapsed balances.
A provision is included in the bill requiring the Assistant
Secretary for Health Affairs to provide an expenditure plan for
OHA not later than 90 days after the date of enactment of this
act.
Federal Emergency Management Agency
MISSION
The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other manmade disasters, by
leading and supporting the Nation in a risk-based,
comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$10,063,316,000 for activities of FEMA for fiscal year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses.................................. \1\895,350 \1\789,172 979,402
State and local programs............................... \2\1,349,681 \2\2,900,212 1,645,082
Firefighter Assistance Grants.......................... 675,000 (\3\) 675,000
Emergency Management Performance Grants................ 350,000 (\3\) 350,000
Radiological Emergency Preparedness Program............ -896 -1,443 -1,443
United States Fire Administration...................... 44,038 42,520 44,020
Disaster Relief Fund:
Core Activity...................................... 700,000 607,926 607,926
Disaster Relief Adjustment......................... 6,400,000 5,481,000 5,481,000
--------------------------------------------------------
Subtotal, Disaster Relief Fund................... 7,100,000 6,088,926 6,088,926
========================================================
Disaster Assistance Direct Loan Program Account........ 295 ................. .................
Flood hazard mapping and risk analysis................. 97,712 89,329 97,329
National Flood Insurance Fund.......................... (171,000) (171,000) (171,000)
National Predisaster Mitigation Fund................... 35,500 ................. 35,000
Emergency food and shelter............................. 120,000 100,000 150,000
--------------------------------------------------------
Total, Federal Emergency Management Agency....... 10,666,680 10,008,716 10,063,316
----------------------------------------------------------------------------------------------------------------
\1\Excludes transfers from ``State and Local Programs''.
\2\Includes funds to be transferred to ``Salaries and Expenses''.
\3\Funding proposed under ``State and Local Programs''.
SALARIES AND EXPENSES
Appropriations, 2012\1\................................. $895,350,000
Budget estimate, 2013\1\................................ 789,172,000
Committee recommendation................................ 979,402,000
\1\Excludes transfers from ``State and Local Programs''.
Funding for FEMA's ``Salaries and Expenses'' provides for
the development and maintenance of an integrated, nationwide
capability to prepare for, mitigate against, respond to, and
recover from the consequences of major disasters and
emergencies, regardless of cause, in partnership with Federal
agencies, State, local, and tribal governments, volunteer
organizations, and the private sector. Salaries and Expenses
supports FEMA's programs by coordinating between Headquarters
and Regional Offices the policy, managerial, resource, and
administrative actions.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$979,402,000 for FEMA ``Salaries and Expenses''. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2012 and budget request levels:
SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013
Fiscal year 2012 budget Committee
enacted request\1\ recommendations\1\
----------------------------------------------------------------------------------------------------------------
Administrative and Regional Offices.................... \2\110,495 \2\214,603 257,884
Office of National Capital Region Coordination......... (5,493) (5,099) (5,099)
Preparedness and Protection............................ \2\109,873 \2\73,153 179,095
Response............................................... 226,228 171,897 179,681
Urban Search and Rescue Response Systems............... (41,250) (27,513) (35,180)
Recovery............................................... 78,373 55,423 55,423
Mitigation............................................. 43,675 27,110 29,837
Mission Support........................................ \2\219,433 152,806 167,895
Centrally Managed Accounts............................. 107,273 94,180 109,587
--------------------------------------------------------
Total, Salaries and Expenses..................... 895,350 789,172 979,402
----------------------------------------------------------------------------------------------------------------
\1\Reflects a realignment of activity within PPAs.
\2\Excludes a transfer from ``State and Local Programs''.
PROGRAM LEVEL COMPARISIONS
A comparison of FEMA funding levels between the fiscal year
2012 enacted, budget request, and Committee recommendation
level is complicated by several factors, including a
realignment of funding within PPAs and transfers from the
``State and Local Programs'' account.
In the Department of Homeland Security Appropriations Act,
2012, the Committee provided a new PPA structure for FEMA
``Salaries and Expenses.'' Using temporary authority provided
in that Act, FEMA realigned funding directly to the regions for
preparedness and protection, response, recovery, and mitigation
activities.
In addition, as FEMA's responsibilities have increased
through reorganizations, varying levels of transfers between
FEMA accounts have been proposed in the budget and enacted into
law. In order to promote transparency, the Committee
recommendation ends this practice and provides the funding in
the account and program from which it is spent.
The following table shows comparable levels of funding by
PPA for ``Salaries and Expenses'', after all transfers and
realignments are accounted for. A similar table is included
under State and local programs to provide an accurate
comparison of grant funding.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Administrative and Regional Offices....................... 255,308 257,884 257,884
Preparedness and Protection............................... 198,832 178,595 179,095
Response.................................................. 191,771 171,897 179,681
Recovery.................................................. 55,299 55,423 55,423
Mitigation................................................ 30,650 27,110 29,837
Mission Support........................................... 190,438 152,806 167,895
Centrally Managed Accounts................................ 109,080 109,587 109,587
-----------------------------------------------------
Subtotal............................................ 1,031,378 953,302 979,402
----------------------------------------------------------------------------------------------------------------
BUDGET PRESENTATION
The Committee includes a provision directing FEMA to submit
its fiscal year 2014 budget request, including justification
materials, by office. Each office and FEMA region shall include
(1) budget detail by object classification; (2) the number of
FTE on-board; (3) the number of FTE vacancies; and (4) the
appropriations account(s) used to support the office and the
programs managed by the office. The level of detail provides
improved transparency and refined tracking of actual spending.
In the fiscal year 2012 Joint Explanatory Statement, FEMA
was directed to request its budget in the same format and PPA
structure as appropriated in fiscal year 2012 in order for
Congress to interpret the request in the context of previous
years. Disappointingly, the administration chose not to comply
with the direction and the Committee was left once again
parsing through the details with no context, receiving delayed
additional information, and finally cobbling together the
request.
The Administrator of FEMA is directed to present the fiscal
year 2014 budget request in the same account and PPA structure
as provided in this bill and report. If in the administration's
view, there is a reason to adjust the format, the Committee
directs FEMA to request such adjustments in an addendum with a
clear justification for how the changes facilitate better
resource management and transparency in spending.
PROGRAM ACTIVITIES
The budget request includes $279,304,000 under the ``State
and Local Programs'' account for transfer to ``Salaries and
Expenses.'' To provide greater transparency and better budget
execution, the Committee recommendation includes $164,130,000
for the following activities at the requested levels in the
listed PPAs, instead of as part of a transfer. Administration
and Regional Offices PPA: $43,281,000 for Evaluations and
Assessments, National Preparedness Directorate Regional Support
and Grants Preparedness Directorate Regional Support.
Preparedness and Protection PPA: $105,442,000 for Preparedness
and Protection Front Office Programs, National Preparedness
Directorate, Office of Preparedness Integration and
Coordination, National Integration Center, Individual and
Community Preparedness Division, National Training and
Education Division, Technical Assistance, Office of the
Assistant Administrator, Grants Administration and Assistance
Division, Preparedness Grants Division, Program Administration
for Assistance to Firefighter Grants, and Program
Administration for Emergency Management Performance Grants.
Centrally Managed Accounts: $15,407,000 for National
Preparedness Directorate and Grants Preparedness Directorate
Enterprise Costs. The Committee recommends the remaining
$115,174,000, which is proposed for transfer from ``State and
Local Programs'' remain in that account for programs as shown
under that heading.
Of the total amounts provided, not less than: $2,000,000 is
for the Emergency Management Assistance Compact under the
Preparedness and Protection PPA; $2,589,000 is for the National
Hurricane Program under the Response PPA; $8,798,000 is for the
National Earthquake Hazards Reduction Program and $9,360,000 is
for the National Dam Safety Program under the Mitigation PPA.
FEMA is directed to ensure all divisions in FEMA, including
training centers, are able to receive appropriate gifts, such
as training aids, through appropriate legal means. In the rare
instances of using official reception and representation
expenses, the Administrator shall consider the needs of all
entities in FEMA who receive non-DHS visitors.
AUTOMATION MODERNIZATION
The Committee provides $14,689,000 to continue FEMA's
automation modernization program. The funding and reporting
requirement continued in this act provide the means and
structure for FEMA to modernize its systems for better
performance and future costs savings. The Committee expects to
receive the expenditure plan and strategy required in the
fiscal year 2012 Joint Explanatory Statement in a timely
fashion. FEMA shall continue to include the DHS CIO in planning
efforts to ensure compatibility with Department systems where
practicable.
OFFICE OF NATIONAL CAPITAL REGION COORDINATION
The Committee recommends $5,099,000 for the Office of
National Capital Region Coordination, $394,000 below the fiscal
year 2012 level and the same amount included in the request.
The Committee recognizes the unique responsibilities of the
Office in coordinating emergency preparedness and response
activity in a high-population area, where the workforce is made
up of many independently operating Federal agencies and the
District of Columbia, and where National leaders and foreign
dignitaries are ever present. The Committee directs the Office
to work expeditiously on its high-priority activities such as
aligning Federal building emergency plans and evacuation
procedures to facilitate an orderly evacuation for no-notice
events; and facilitating daily data sharing across local,
State, and the plethora of Federal sources for situational
awareness.
URBAN SEARCH AND RESCUE RESPONSE SYSTEM
The Committee recommends $35,180,000 for the Urban Search
and Rescue Response System, $6,070,000 below the fiscal year
2012 level and $7,667,000 above the budget request. Funding
will sustain the existing system and additional chemical,
biological, nuclear, radiological, and explosives capabilities
gained in fiscal year 2012.
COMMITTEE BRIEFINGS AND REPORTS
The Deputy Administrator is directed to continue quarterly
briefings on progress made to stabilize the Agency's core
administrative functions of budgeting, human capital
management, and information technology.
The Committee notes that several reports required in the
Joint Explanatory Statement accompanying the Department of
Homeland Security Appropriations Act, 2012, are due to the
Committee in the coming months, including a report related to
planning, regional catastrophic preparedness, and planning and
education. These reports will be critical to the Committee's
understanding of FEMA program execution.
CHILDREN AND DISASTERS
The Committee directs FEMA to maintain the Children's
Coordinator position within the Office of the Administrator and
sustain the on-going efforts of the working group to address
children's disaster-related needs. Each of these efforts is
consistent with recommendations of the National Commission on
Children and Disasters, which highlighted the unique disaster-
related needs of America's 73 million children.
Further, the Committee notes Senate Report 112-74 requires
a report on the grant expenditures related to ensuring the
needs of children are met. This report has not yet been
submitted and the Committee expects to receive it without
further delay. FEMA is directed to provide an updated report
not later than 120 days after the date of enactment of this
act. The report shall include all sources of FEMA grants, such
as preparedness and mitigation grants.
OFFICE OF DISABILITY INTEGRATION AND COORDINATION
The Committee directs FEMA to continue implementation of
the Office of Disability Integration and Coordination to ensure
the integration of people with disabilities into emergency
preparedness, protection, mitigation, evacuation, sheltering,
transition, resiliency, and recovery plans.
INTERNATIONAL READINESS
Disasters are growing more frequent and more extreme
worldwide. The Committee believes FEMA is in a prime position
to share its lessons learned and expertise with other nations,
and vice versa. FEMA is directed to brief the Committee not
later than 45 days after the date of enactment of this act on
current efforts to work with other nations on building
emergency management expertise, including a review of how
related policy organizations could support FEMA in this effort.
RESILIENCE
The Committee encourages FEMA to continue its efforts
related to the Strategic Foresight Initiative, which serves the
emergency management community by looking at factors that are
likely to change, such as demographic shifts and technological
advances, in the context of all hazards which are increasing in
intensity.
Weather-related disasters in recent years have caused a
significant strain on our economy. The Committee encourages
FEMA to consider the need to complete additional studies, in
coordination with qualified entities, to evaluate mechanisms
that improve resilience and reduce the costs and losses from
disasters.
GRANT EFFECTIVENESS
The Committee included a provision in the Department of
Homeland Security Appropriations Act, 2012, withholding
$1,400,000 in funding from the Office of the Administrator
until the Committee receives a comprehensive plan to implement
a system to measure the effectiveness of grants. The Committee
has not yet received the report.
NATIONAL PREPAREDNESS REPORT
The Committee is pleased to note the first annual National
Preparedness Report has been completed. The Report marks a
maturation of the Nation's emergency management ethos that is
critical in serving its citizens during their time of need. The
Committee expects that the remaining reports on preparedness,
as required in the Post-Katrina Emergency Management Reform
Act, will be delivered without delay.
EVALUATIONS AND ASSESSMENTS
The Committee provides $11,906,000 for evaluations and
assessments, as requested, in the administration and Regional
Offices PPA. The Committee is concerned that after consistent
and stable funding for this activity, a comprehensive and
effective set of evaluations and assessments of FEMA's programs
is not available to Congress. Further, the recent completion of
the National Preparedness Report highlights the continuing need
for a collective set of reliable data sources to continue
assessing the preparedness of the Nation. The Deputy
Administrator is directed to brief the Committee not later than
30 days after the date of enactment of this act on the specific
deliverables that will be completed in fiscal year 2013, and
how specifically they will contribute to a better knowledge
base. The Deputy Administrator should also identify programs
that are no longer needed under this activity.
DISASTER DAMAGE ASSESSMENTS
The Administrator of FEMA is directed to report to the
Committee not later than 120 days after the date of enactment
of this act on alternatives to the current damage assessment
process, including an analysis of regional assessment and
declarations.
RECOVERY AND MITIGATION FRAMEWORK
The Committee is pleased that FEMA issued the National
Disaster Recovery Framework in September 2011 to identify the
roles and responsibilities of all levels of government,
individuals, and the nonprofit and private sectors during each
phase of the recovery process. The Committee is also pleased
that FEMA is developing a National Mitigation Framework to
promote the identification of opportunities and collaborative
efforts to reduce vulnerability to future hazards. FEMA is
directed to remain focused on these efforts and provide the
necessary resources to improve, finalize, operationalize,
implement, and sustain both the Frameworks.
MOUNT WEATHER
Of the total amount made available, $22,000,000 is included
for Mount Weather capital improvements and operations, as
requested. The Administrator of FEMA is directed to provide an
expenditure plan for capital improvements for the Mount Weather
facility through fiscal year 2018, not later than February 15,
2013.
STATE AND LOCAL PROGRAMS
Appropriations, 2012.................................... $1,349,681,000
Budget estimate, 2013\1\................................ 2,900,212,000
Committee recommendation................................ 1,645,082,000
\1\Includes $670,000,000 proposed for Firefighter Assistance Grants and
$350,000,000 proposed for Emergency Management Performance Grants, which
continue to be funded in separate accounts, and $279,304,000 for
transfer to ``Salaries and Expenses''.
State and local programs provide grants for training,
equipment (including interoperable communications equipment),
and exercises to improve readiness for potential disasters.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$1,645,082,000 for State and local programs. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2012 and budget request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2012 2013 budget Committee
enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Grants:
National Preparedness Grant Program.................... ................ 1,540,908 ................
State and local program (grants)....................... 1,118,000 ............... ................
State Homeland Security Grant Program.................. ................ ............... 470,000
Operation Stonegarden.............................. (50,000) ............... (55,000)
Urban Area Security Initiative......................... ................ ............... 676,908
Non-profit Security Grants......................... ................ ............... (13,000)
Public Transportation Security/Railroad Security/Bus ................ ............... 132,000
Assistance............................................
Amtrak............................................. ................ ............... (13,000)
Port Security Grants................................... ................ ............... 132,000
First Responder Assistance Programs:
Emergency Management Performance Grants............ (\1\) 350,000 (\1\)
Firefighter Assistance Grants...................... (\1\) 670,000 (\1\)
Training Partnership Grants........................ ................ 60,000 ................
----------------------------------------------------
Subtotal, First Responder Assistance Programs........ ................ 1,080,000 ................
====================================================
Management and Administration.......................... ................ 279,304 ................
----------------------------------------------------
Subtotal, Grants..................................... 1,118,000 2,900,212 1,410,908
====================================================
Education, Training, and Exercises:
Emergency Management Institute......................... 16,181 (\2\) 17,805
Center for Domestic Preparedness....................... 62,500 (\2\) 64,991
National Domestic Preparedness Consortium.............. 93,000 ............... 93,000
Continuing training.................................... 26,000 ............... 26,000
National Exercise Program.............................. 34,000 (\2\) 32,378
----------------------------------------------------
Subtotal, Education, Training, and Exercises......... 231,681 ............... 234,174
====================================================
Total, State and Local Programs...................... 1,349,681 2,900,212 1,645,082
----------------------------------------------------------------------------------------------------------------
\1\Funds appropriated under a separate account.
\2\Funds proposed under Management and Administration in this account.
PROGRAM LEVEL COMPARISIONS
A comparison of FEMA funding levels between the fiscal year
2012 enacted, budget request, and committee recommendation is
complicated by several factors, including: grant program
changes; transfers to the ``Salaries and Expenses'' account for
program administration; and funding requested and executed
within ``Salaries and Expenses'' for training and exercises.
The Committee recommendation ends the practice of transfers to
``Salaries and Expenses'' and provides the funding in the
account and program from which it is spent. This provides
greater transparency.
The following table shows comparable levels of funding
taking into account transfers and the Secretary's discretionary
distribution of fiscal year 2012 grant funding, after all
transfers and program changes are accounted for:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
National Preparedness Grant Program....................... ................ 1,540,908 ................
State Homeland Security Grant Program..................... 300,000 ................ 415,000
Operation Stonegarden................................. 46,600 ................ 55,000
Urban Area Security Initiative............................ 490,376 ................ 663,908
Non-profit Security Grants............................ 10,000 ................ 13,000
Transit and Rail Security Grants.......................... 87,500 ................ 119,000
Amtrak................................................ 10,000 ................ 13,000
Port Security Grants...................................... 97,500 ................ 132,000
-----------------------------------------------------
Total............................................... 1,041,976 1,540,908 1,410,908
=====================================================
Training Partnership Grants............................... ................ 60,000 ................
Emergency Management Institute............................ 18,735 17,805 17,805
Center for Domestic Preparedness.......................... 64,241 64,991 64,991
National Domestic Preparedness Consortium................. 86,676 ................ 93,000
Continuing training....................................... 23,994 ................ 26,000
National Exercise Program................................. 33,693 32,378 32,378
=====================================================
Total............................................... 227,339 175,174 234,174
----------------------------------------------------------------------------------------------------------------
GRANT REFORM
The Committee appreciates the efforts of the Secretary and
the Administrator of FEMA to ensure homeland security grants
are meeting the Nation's needs through proposing grant reform
in the budget request. It has been over 10 years since homeland
security grants were first appropriated. The first annual
National Preparedness Report found that the Nation has
increased ability in several core capabilities, such as
operational communications and coordination, physical
protective measures, and planning. Now is an appropriate time
to closely examine what the Nation still needs in preparing for
all hazards and how we accomplish filling that need. However,
the reform proposal in the budget leaves key questions
unanswered such as, how risk assessments will be used in
determining the distribution of resources, and to whom Federal
resources will be allocated. The Committee appreciates that the
Department and FEMA are seeking stakeholder input to answer
these key questions. However, until such questions can be
answered, it is premature to approve the reform proposal. The
Secretary and the Administrator are directed to refine the
proposal and include enough detail for the appropriate
committees of jurisdiction and the general public to
understand: how funds will be allocated; to whom; and for what
purpose. The completion of this process, including all of the
appropriate stakeholders, shall take place in sufficient time
to inform the fiscal year 2014 budget process.
For fiscal year 2013, the Committee recommends funding four
core State and local grant programs: the State Homeland
Security Grant Program, the Urban Area Security Initiative,
Transit and Rail Security, and Port Security. Activities
previously funded through eight separate programs in fiscal
year 2011 are eligible for funding from the four funded grant
programs.
GRANTS MANAGEMENT
The Committee includes specific timeframes for grant dollar
distribution. For each of the grant programs, funding
opportunity announcements shall be issued in 60 days,
applicants shall apply within 80 days after announcements are
made, and FEMA shall act on the application within 65 days
after applications are due.
The Department is encouraged to require State and local
governments to address child care services and facilities in
response and recovery plans, exercises, and training.
Additionally, the Committee is concerned that State and local
cybersecurity issues are not receiving the needed resources and
attention, and the Department is encouraged to require State
and local governments to include Chief Information Officers in
planning efforts. The Committee is concerned that drinking
water and sanitation security needs, especially related to
emergency response initiatives, are not adequately addressed.
FEMA is encouraged to require State and local governments to
include rural water associations in planning efforts. The
Committee encourages FEMA to consider the need for severe
weather alert systems and reverse 9-1-1 notification systems
when evaluating grant applications.
STATE HOMELAND SECURITY GRANT PROGRAM
The Committee recommends $470,000,000 for the State
Homeland Security Grant Program [SHSGP], of which $55,000,000
shall be for Operation Stonegarden. Activities previously
funded under Metropolitan Medical Response System, Citizens
Corps, Regional Catastrophic Preparedness, Emergency Operations
Centers, Driver's Licenses Security Program, Buffer Zone
Protection Program, and the Interoperable Emergency
Communication Grant Programs in fiscal year 2011 are eligible
for funding under SHSGP.
Operation Stonegarden grants shall continue to be
competitively awarded and shall not be restricted to any
particular border. As in previous years, FEMA is directed to
ensure all border States shall be eligible to apply in fiscal
year 2013. Since 2008, Operation Stonegarden has involved 291
participating agencies, allowing the equivalent force
multiplier of 65,000 additional law enforcement workdays
resulting in 5.7 million patrol miles, 221,771 vehicle stops,
1,380 gun and drug seizures, and 11,830 legal cases.
URBAN AREA SECURITY INITATIVE
The Committee recommends $676,908,000 for the Urban Areas
Security Initiative [UASI], of which $13,000,000 shall be for
nonprofit entities determined to be at high risk by the
Secretary. Eligibility for nonprofit entities shall not be
limited to UASI communities. Activities previously funded under
Metropolitan Medical Response System, Citizens Corps, Regional
Catastrophic Preparedness, Buffer Zone Protection Program,
Emergency Operations Centers, and the Interoperable Emergency
Communication Grant Programs in fiscal year 2011 are eligible
for funding under UASI.
LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
In accordance with section 2006 of the Homeland Security
Act of 2002, the Law Enforcement Terrorism Prevention Program
[LETPP] is funded through a required set aside of 25 percent of
the funds appropriated through the SHSGP and UASI programs. The
Committee directs FEMA to provide clear guidance to State and
urban areas to ensure that the intent of LETPP is fully
realized. The Committee expects to receive the report on
expenditures for prevention activities, as required in Senate
Report 112-74, without delay. FEMA is directed to provide an
update of the report not later than 120 days after the date of
enactment of this act.
PUBLIC TRANSPORTATION SECURITY ASSISTANCE AND RAILROAD SECURITY
ASSISTANCE
The Committee recommends $132,000,000 for Public
Transportation Security Assistance, Railroad Security
Assistance and Over-the-Road Bus Security Assistance. Of the
recommended amount, no less than $13,000,000 is for Amtrak
security needs. For fiscal year 2011, over $700,000,000 in
applications were not approved due to limited funding.
PORT SECURITY GRANTS
The Committee recommends $132,000,000 for the Port Security
Grant Program. The Committee notes that training of port
facility officials at the Nation's ports is imperative. The
Committee notes that operation and maintenance costs for
security technology are an allowable expense through grant
funding. For fiscal year 2011, over $220,000,000 in
applications were not approved due to limited funding.
EDUCATION, TRAINING, AND EXERCISES
The Committee recommends $234,174,000 for Education,
Training, and Exercises. Of this amount, the Committee
recommends $64,991,000 for the Center for Domestic Preparedness
as requested.
The Committee recommends $93,000,000 of the total for the
National Domestic Preparedness Consortium, instead of
$60,000,000 for Training Partnership Grants, as proposed in the
budget. The Consortium, authorized by the 9/11 Act, has
conducted training in all 50 States and each U.S. territory.
Over 1.9 million first responders have been trained to date.
The existing Consortium members have proven to be an effective
delivery system for this important training. Dismantling the
current program and replacing proven instructional bodies with
an undefined system of providers would diminish the quality and
consistency of training available to first responders.
The Committee includes $26,000,000 for continuing training
grants, instead of $60,000,000 for Training Partnership Grants,
as proposed in the budget. The Committee supports full funding
of programs that deliver homeland security curricula in the
form of executive education programs and accredited master's
degree education. FEMA should consider the training needs of
State and local first responders in preparedness and response
to cyber attacks; and in medical readiness training and public
health resiliency. FEMA should consider regional training
centers in future funding requests.
The Committee includes $32,378,000 for the National
Exercise Program.
FIREFIGHTER ASSISTANCE GRANTS
Appropriations, 2012.................................... $675,000,000
Budget estimate, 2013\1\................................................
Committee recommendation................................ 675,000,000
\1\Budget proposes $670,000,000 under ``State and Local Programs''.
Firefighter assistance grants, as authorized by section 33
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229), assist local firefighting departments for the
purpose of protecting the health and safety of the public and
fire fighting personnel, including volunteers and emergency
medical service personnel, against fire and fire-related
hazards.
COMMITTEE RECOMMENDATIONS
The Committee recommends $675,000,000 for firefighter
assistance grants, including $337,500,000 for firefighter
assistance grants, and $337,500,000 for firefighter staffing
grants, to remain available until September 30, 2014. In fiscal
year 2012, of the $675,000,000 appropriated, $33,750,000 was
dedicated to program administration. For fiscal year 2013, the
Committee has included funding for program administration costs
under FEMA ``Salaries and Expenses'', instead of making such
costs allowable under this account. As a result, when compared
to fiscal year 2012, total funding for Firefighter Assistance
Grants is $33,750,000 higher.
The Committee directs the Department to continue the
present practice of funding applications according to local
priorities and those established by the United States Fire
Administration, and to continue direct funding to fire
departments and the peer review process.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2012.................................... $350,000,000
Budget estimate, 2013\1\................................................
Committee recommendation................................ 350,000,000
\1\Budget proposes $350,000,000 under ``State and Local Programs''.
Funding requested in this account provides support to the
Nation's all-hazards emergency management system and helps to
build State and local emergency management capability.
COMMITTEE RECOMMENDATIONS
The Committee recommends $350,000,000 for Emergency
Management Performance Grants [EMPG]. In fiscal year 2012, of
the $350,000,000 appropriated, $10,500,000 was dedicated to
program administration. For fiscal year 2013, the Committee has
included funding for program administration costs under FEMA
``Salaries and Expenses'', instead of making such costs
allowable under this account. As a result, when compared to
fiscal year 2012, total funding for Emergency Management
Performance Grants is $10,500,000 higher. EMPG is an essential
source of funding for State and local emergency management.
The Committee directs FEMA to retain EMPG as a separate
grant program, and not to combine its funding with any other
grant allocation or application process.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriations, 2012\1\................................. ($896,000)
Budget estimate, 2013\1\................................ (1,443,000)
Committee recommendation\1\............................. (1,443,000)
\1\Fee collections are estimated to exceed costs.
The Radiological Emergency Preparedness [REP] program
assists State and local governments in the development of off-
site radiological emergency preparedness plans within the
emergency planning zones of commercial nuclear power facilities
licensed by the Nuclear Regulatory Commission [NRC]. The fund
is financed from fees assessed and collected from the NRC
licensees to recover the amounts anticipated to be obligated in
the next fiscal year for expenses related to REP program
activities.
COMMITTEE RECOMMENDATIONS
The Committee provides for the receipt and expenditure of
fees collected, as authorized by Public Law 105-276. The budget
estimates fee collections to exceed expenditures by $1,443,000
in fiscal year 2013.
UNITED STATES FIRE ADMINISTRATION
Appropriations, 2012.................................... $44,038,000
Budget estimate, 2013................................... 42,520,000
Committee recommendation................................ 44,020,000
The mission of the United States Fire Administration [USFA]
is to reduce losses, both economic and human, due to fire and
other emergencies through training, research, coordination and
support. USFA also prepares the Nation's first responder and
healthcare leaders through ongoing, and when necessary,
expedited training regarding how to evaluate and minimize
community risk, improve protection to critical infrastructure,
and be better prepared to react to all hazard and terrorism
emergencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $44,020,000 for the USFA, which is
$18,000 below the fiscal year 2012 level and $1,500,000 above
the request. The amount included above the request will allow
for the continued development of the National Fire Incident
Reporting System and continue programs that promote fire safety
and fire prevention in the wildland urban interface.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2012\1\................................. $7,100,000,000
Budget estimate, 2013\2\................................ 6,088,926,000
Committee recommendation\2\............................. 6,088,926,000
\1\Includes $6,400,000,000, enacted in Public Law 112-77 and designated
by Congress as disaster relief pursuant to Public Law 112-25.
\2\Includes $5,481,000,000 designated by Congress as disaster relief
pursuant to Public Law 112-25.
Through the Disaster Relief Fund [DRF], the Department
provides a significant portion of the total Federal response to
victims in presidentially declared major disasters and
emergencies. Major disasters are declared when a State requests
Federal assistance and proves that a given disaster is beyond
the local and State capacity to respond. Under the DRF, FEMA
will continue to operate the primary assistance programs,
including Federal assistance to individuals and households; and
public assistance, which includes the repair and reconstruction
of State, local, and nonprofit infrastructure. The post-
disaster hazard mitigation set-aside to States, as part of the
DRF, works as a companion piece to the National Predisaster
Mitigation Fund.
COMMITTEE RECOMMENDATIONS
As requested, the Committee recommends $6,088,926,000 for
the Disaster Relief Fund, of which $5,481,000,000 is provided
under the disaster relief adjustment pursuant to Public Law
112-25. The Committee is pleased the Department has requested
amounts for the Disaster Relief Fund that more accurately
reflect, based on documented claims and historic evidence, the
disaster needs that are likely to arise during this fiscal
year, including the costs of previously designated disasters.
The Committee will be closely monitoring the demands on the
Fund to ensure there is enough to prevent funding only
immediate needs which would slow down necessary recovery work.
The Committee includes bill language requiring an
expenditure plan and quarterly reports for disaster readiness
and support costs; and a monthly report on disaster relief
expenditures. The Committee recommends bill language
transferring $24,000,000 to the Department of Homeland Security
Office of Inspector General for audits and investigations. Over
the past 3 fiscal years, the Office of Inspector General issued
154 audit reports covering grants totaling $3,400,000,000. Of
that total, 145 audits (94 percent) had reportable findings.
The audits identified $641,000,000 in questioned costs that
could be put to better use. This represents an average error
rate of 19 percent and a 13-to-1 return on investment.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
Appropriations, 2012.................................... $295,000
Budget estimate, 2013...................................................
Committee recommendation................................................
Disaster assistance loans authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5162) are loans to States for the non-Federal portion of
cost-sharing funds, and community disaster loans to local
governments incurring a substantial loss of tax and other
revenues as a result of a major disaster. The funds requested
for this program include direct loans and a subsidy based on
criteria including loan amount and interest charged. As
required by the Federal Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), this account records, for this program, the subsidy
costs associated with the direct loans obligated in 1992 and
beyond (including modifications of direct loans), as well as
administrative expenses of the program. The subsidy amounts are
estimated on a present value basis; the administrative expenses
are estimated on a cash basis.
COMMITTEE RECOMMENDATIONS
As requested in the budget, the Committee does not include
any funding to subsidize State disaster loans. State loans have
not been requested or awarded since 1996.
FLOOD HAZARD MAPPING AND RISK ANALYSIS
Appropriations, 2012.................................... $97,712,000
Budget estimate, 2013................................... 89,329,000
Committee recommendation................................ 97,329,000
This appropriation supports the functions necessary to
develop, and keep current, flood risk information and flood
maps. The flood maps are used to determine appropriate risk-
based premium rates for the National Flood Insurance Program,
to complete flood hazard determinations required of the
Nation's lending institutions, and to develop appropriate
disaster response plans for Federal, State, and local emergency
management personnel.
COMMITTEE RECOMMENDATIONS
The Committee recommends $97,329,000 for Flood Hazard
Mapping and Risk Analysis, $8,000,000 above the budget request
and $383,000 below the fiscal year 2012 level. To date, only 55
percent of flood maps have been updated with the most current
data. Therefore, the Committee restores $8,000,000 of the
proposed reduction.
Updating our Nation's Flood Insurance Rate Maps and
certifying the safety of our levees is an important task, and
the Committee supports efforts to provide better information to
residents about flood risk in their communities. The Committee
urges FEMA to continue to work with the United States Army
Corps of Engineers [USACE] to ensure the accuracy of the maps,
coordinate outreach to local stakeholders throughout this
process, and better coordinate answers to questions about flood
mapping, flood insurance, and flood control infrastructure
projects. Further, the Committee directs FEMA, in conjunction
with the USACE, to fully complete the reporting requirements
included in Senate Report 111-118 accompanying the fiscal year
2010 Supplemental Disaster Relief and Summer Jobs Act,
including providing GAO with the relevant information needed
for it to complete the requirement prescribed in the report.
The Committee is pleased that FEMA continues to offer
communities the option to request review of pending flood maps
by Scientific Resolution Panels comprised of independent
experts and encourages the continuation of this adjudicative
option. The Committee also commends FEMA for working to improve
the accuracy of its flood risk analysis by modifying mapping
procedures to account for all levees within a community,
including those which offer varying degrees of protection, on
newly developed Flood Insurance Risk Maps.
Senate Report 112-74 directed FEMA to convene a joint task
force with USACE to better align National Flood Insurance
Program levee accreditation requirements with levee inspections
performed by or for USACE. The Committee expects to receive the
required report in a timely fashion and directs the continued
operation of this task force to address pertinent issues.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2012\1\................................. ($171,000,000)
Budget estimate, 2013\1\................................ (171,000,000)
Committee recommendation\1\............................. (171,000,000)
\1\Fully offset by fee collections.
The National Flood Insurance Fund is a fee-generated fund
which provides funding for the National Flood Insurance
Program. This program enables property owners to purchase flood
insurance otherwise unavailable in the commercial market. The
National Flood Insurance Act of 1968 authorizes the Federal
Government to provide flood insurance on a national basis. This
insurance is available to communities which enact and enforce
appropriate floodplain management measures and covers virtually
all types of buildings and their contents up to $350,000 for
residential types and $1,000,000 for all other types.
COMMITTEE RECOMMENDATIONS
The Committee recommends $171,000,000, as proposed in the
budget, for the National Flood Insurance Fund, of which
$40,000,000 is for expenses under section 1366 of the National
Flood Insurance Act (42 U.S.C. 4104c) to provide assistance
planning to States and communities for implementing floodplain
management measures to reduce or eliminate the long-term risk
of flood damage to buildings and other structures eligible for
insurance under the National Flood Insurance Program.
The Committee does not recommend elimination of funding for
the Severe Repetitive Loss Program, as proposed in the budget.
In fiscal year 2012, over $65,000,000 in applications were
received for the severe repetitive loss program.
The Committee supports FEMA's efforts to analyze and
improve the ways flood control infrastructure are treated under
the National Flood Insurance Program. The Committee is
concerned with possible increases to the costs of the National
Flood Insurance Program as the definition of areas of special
flood hazards changes. Therefore, the Committee directs FEMA,
prior to any further adjustment to the definition of areas of
special flood hazards related to the treatment of flood control
infrastructure, to report to the Committee on Appropriations
and the Committee on Banking, Housing, and Urban Affairs on its
final guidance for its ongoing efforts to improve Levee
Analysis and Mapping Procedures as well as on the final
findings of its ongoing study with the National Academy of
Sciences on the treatment of flood control infrastructure under
the program.
NATIONAL PREDISASTER MITIGATION FUND
Appropriations, 2012.................................... $35,500,000
Budget estimate, 2013...................................................
Committee recommendation................................ 35,000,000
The National Predisaster Mitigation [PDM] Fund provides
grants to States, communities, territories, and Indian tribal
governments for hazard mitigation planning and implementing
mitigation projects prior to a disaster event. PDM grants are
awarded on a competitive basis. This program operates
independent of the Hazard Mitigation Grant Program, funded
through the Disaster Relief Fund, which provides grants to a
State in which a disaster has been declared.
COMMITTEE RECOMMENDATIONS
The Committee recommends $35,000,000 for PDM, $35,000,000
above the request and $500,000 below the fiscal year 2012
level. The Committee continues to support predisaster
mitigation, and recognizes the importance of coordinating
predisaster mitigation projects with projects being completed
through the post-disaster Hazard Mitigation Grant Program.
In fiscal year 2011, 30 percent of grant awards went to
States that did not have a Presidential disaster declaration
which would provide for post-disaster mitigation. The Committee
is concerned that eliminating PDM will leave some States with
no mitigation planning or project funding.
The Committee does not include any funding to FEMA for
program administration due to sufficient funding being
available through carry over balances for this purpose.
EMERGENCY FOOD AND SHELTER
Appropriations, 2012.................................... $120,000,000
Budget estimate, 2013................................... 100,000,000
Committee recommendation................................ 150,000,000
This appropriation funds grants to nonprofit and faith-
based organizations at the local level to supplement their
programs for emergency food and shelter to provide for the
immediate needs of the homeless.
COMMITTEE RECOMMENDATIONS
The Committee recommends $150,000,000 for Emergency Food
and Shelter, which is $50,000,000 above the budget request
level and $30,000,000 above the fiscal year 2012 level. The
Committee continues to support the Emergency Food and Shelter
Program, and recognizes it as one program, in conjunction with
other Federal programs, that serves those in immediate need of
food and shelter assistance. This funding helped provide
89,014,368 meals, 5,184,274 nights of lodging, 127,001 rent and
mortgage payments, and 145,457 utility payments for people in
need in fiscal year 2010.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations, 2012.................................... $102,424,000
Budget estimate, 2013................................... 142,974,000
Committee recommendation................................ 116,924,000
United States Citizenship and Immigration Services [USCIS]
funds expenses necessary for the administration of laws and the
provision of services related to people seeking to enter,
reside, work, and naturalize in the United States. In addition
to directly appropriated resources, fee collections are
available for the operations of USCIS.
Immigration Examinations Fees.--USCIS collects fees from
persons applying for immigration benefits to support the
adjudication of applications, as authorized by the Immigration
and Nationality Act (8 U.S.C. 1356).
H1-B and L Fraud Prevention and Detection Fees.--USCIS
collects fees from petitioners seeking a beneficiary's initial
grant of H1-B or L nonimmigrant classification or those
petitioners seeking to change a beneficiary's employer within
those classifications (Public Law 108-447).
H1-B Nonimmigrant Petitioner Fees.--USCIS collects fees
from petitioners using the H1-B program (Public Law 108-447).
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $2,999,381,000
including direct appropriations of $116,924,000 and estimated
fee collections of $2,882,457,000.
The Committee recommends no direct appropriations for the
Systematic Alien Verification System [SAVE], instead of
$20,048,000 as requested in the budget. SAVE shall continue to
be a fee-funded activity and the authorized fee accounts have
been adjusted to reflect this change.
E-VERIFY
The Committee recommends $111,924,000 for the E-verify
program, as requested. The Committee supports E-Verify and the
effort the Department is performing to improve E-Verify's
ability to automatically verify those who are work authorized,
detect identity fraud, and detect system misuse and
discrimination. E-Verify is both a tool for employers committed
to maintaining a legal workforce and a deterrent to illegal
immigration. The Committee notes progress continues to be made
on reducing the mismatch rate.
The growth in E-Verify use by employers has significantly
increased from fewer than 25,000 employers in fiscal year 2007
to more than 290,000 employers in fiscal year 2011. The
Committee directs the Director of USCIS to provide a report not
later than 90 days after the date of enactment of this act
identifying the costs of expanding the use of E-Verify.
IMMIGRANT INTEGRATION
The Committee recommends $5,000,000 for immigrant
integration grants in direct appropriations and includes a
general provision directing that an additional $5,000,000 be
made available for these grants via fees. The grants shall be
available to assist individuals who are legally authorized to
be present in the United States. The Committee believes it is
important to assist individuals following the law and working
to become citizens. However, the Committee directs that no
appropriations be used to operate the Office of Citizenship
Services and that its operation continue to be fee-funded.
Additionally, the Committee continues to be concerned that
costs to administer the grant program currently may exceed 11
percent of the grant award total and directs that no more than
5 percent of the grant funding level from either appropriated
dollars or fees be used to administer the program in fiscal
year 2013.
ADOPTIONS IN GUATEMALA
The Committee commends USCIS and the Department of State
[DOS] for their diligent efforts regarding intercountry
adoptions in Guatemala, and encourages ongoing cooperation
between the United States and the Guatemalan government to
complete all remaining cases. Since the Hague Adoption
Convention entered into force for the United States on April 1,
2008, no new adoptions have been possible from Guatemala
because DOS, as the Hague Central Authority, has found the
Guatemalan system is not in compliance with the Convention's
requirements. As of April 1, 2008, some 3,600 adoption cases
were in progress. Most of those pending cases were resolved by
mid-2009. Over the past year, USCIS and DOS have been working
closely with Guatemalan authorities in an effort to identify
all remaining adoption cases and resolve them. USCIS has worked
extensively with U.S. prospective adoptive parents to gather
information about the children with whom they have been matched
in Guatemala, and has generated a comprehensive and
authoritative list of pending cases and associated records that
will streamline and expedite the process.
USE OF PAROLE
The Committee encourages DHS use of parole authority under
section 212(d)(5) of the Immigration and Nationality Act to
address urgent humanitarian needs--especially in the interest
of family unity and to address medical emergencies--in the
period following exceptionally calamitous natural disasters
such as the Haitian earthquake on January 12, 2010. The
Committee urges the Secretary to allocate sufficient resources
for similar appropriate responsiveness to rare and
exceptionally deadly and destructive natural disasters in the
future.
E-VERIFY IN AGRICULTURAL SETTINGS
The Committee directs USCIS to jointly brief the Senate
Committees on Appropriations and the Judiciary not later than
120 days after the date of enactment of this act on
recommendations regarding how the E-Verify system can be most
effectively used in the agricultural industry. The briefing
should include an update on USCIS' consideration and
development of technologies and strategies that address
implementation challenges commonly encountered in agriculture,
such as non-office-based hiring, limited access to high-speed
Internet, prevalence of seasonal employment, and high turnover.
COMMITTEE RECOMMENDATIONS
The following table, which includes appropriations and
estimated fee collections, summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
E-Verify............................................ 102,424 111,924 111,924
Systematic Alien Verification for Entitlements ................. 20,048 .................
[SAVE].............................................
Immigrant Integration Programs...................... ................. 11,002 5,000
-------------------------------------------------------
Total, Appropriations............................. 102,424 142,974 116,924
=======================================================
Fee collections:\1\
Adjudication services (fee account):
District operations............................. 1,315,570 1,318,771 1,318,771
(Immigrant integration grants).............. [4,960] ................ [5,000]
Service Center operations....................... 532,414 520,029 520,029
Asylum, Refugee and international operations.... 196,877 196,274 196,274
Records operations.............................. 86,631 86,774 86,774
Business transformation......................... 344,055 269,216 269,216
(Digitization program)...................... [29,000] ................ .................
-------------------------------------------------------
Subtotal, Adjudication services........... 2,475,547 2,391,064 2,391,064
=======================================================
Information and customer services (fee account): 88,891 89,011 89,011
Information and customer services..................
-------------------------------------------------------
Administration (fee account): Operation expenses.... 381,666 382,334 382,334
-------------------------------------------------------
SAVE, (fee account)................................. 29,937 ................ 20,048
=======================================================
Total, fee collections............................ 2,976,041 2,862,409 2,882,457
----------------------------------------------------------------------------------------------------------------
\1\Includes Immigration Examination Fee Account, H1-B Visa Fee Account, and H1-B and L Fraud Prevention Fee
Account.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriations, 2012\1\................................. $238,957,000
Budget estimate, 2013\2\................................ 228,939,000
Committee recommendation\2\............................. 228,939,000
\1\Includes $1,304,000 for Federal Law Enforcement Accreditation.
\2\Includes $1,303,000 for Federal Law Enforcement Accreditation.
The Federal Law Enforcement Training Center Salaries and
Expenses appropriation provides funds for basic and some
advanced training to Federal law enforcement personnel from
more than 90 agencies. This account also allows for research of
new training methodologies; provides for training to certain
State, local, and foreign law enforcement personnel on a space-
available basis; and accreditation of Federal law enforcement
training programs.
COMMITTEE RECOMMENDATIONS
The Committee recommends $228,939,000 for salaries and
expenses of the Federal Law Enforcement Training Center [FLETC]
for fiscal year 2013. Within the funds provided is $29,261,000
for Management and Administration and $1,303,000 for the
Federal Law Enforcement Training Accreditation Board.
The Committee includes bill language requiring the Director
of FLETC to ensure all training centers are operated at the
highest capacity feasible throughout the fiscal year. The
Committee also expects the Director to maintain training at or
near capacity before entering into new leases with private
contractors or establishing new partner organizations.
INTEGRITY TRAINING
The Federal Government has experienced a significant
increase in law enforcement officer hiring in the years since
the tragic attacks on September 11, 2001. The Committee
believes it is critical that all Federal law enforcement
personnel, especially new hires, receive comprehensive training
in ethics and public integrity. The Committee notes that
Federal law enforcement personnel receive ethics training as
part of their basic training at FLETC and expects that all
newly hired Federal law enforcement officers will receive such
training wherever they are trained.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2012.................................... $32,456,000
Budget estimate, 2013................................... 29,385,000
Committee recommendation................................ 29,385,000
This account provides for the acquisition and related costs
for expansion and maintenance of facilities of the Federal Law
Enforcement Training Center [FLETC]. This includes construction
and maintenance of facilities and environmental compliance. The
environmental compliance funds ensure compliance with
Environmental Protection Agency and State environmental laws
and regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $29,385,000, the same as the
President's request and $3,071,000 below the fiscal year 2012
amount, for acquisition, construction, improvements, and
related expenses for expansion and maintenance of FLETC
facilities.
Science and Technology
SUMMARY
The mission of Science and Technology [S&T] is to conduct,
stimulate, and enable homeland security research, development,
testing, and to facilitate the timely transition of
capabilities to Federal, State, local, and tribal end-users.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2012.................................... $135,000,000
Budget estimate, 2013................................... 138,008,000
Committee recommendation................................ 138,008,000
The Management and Administration account funds salaries
and expenses related to the Office of the Under Secretary for
Science and Technology, and headquarters.
COMMITTEE RECOMMENDATIONS
The Committee recommends $138,008,000 for management and
administration of programs and activities carried out by S&T.
Of this amount, the Committee recommends not to exceed $7,650
for official reception and representation expenses.
The recommended amount is the same level as requested in
the budget and $3,008,000 above the fiscal year 2012 level.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
Appropriations, 2012.................................... $533,000,000
Budget estimate, 2013................................... 693,464,000
Committee recommendation................................ 693,464,000
Science and Technology supports the mission of DHS through
basic and applied research, fabrication of prototypes, research
and development to mitigate the effects of weapons of mass
destruction, as well as acquiring and field testing equipment.
COMMITTEE RECOMMENDATIONS
The Committee recommends $693,464,000, for research,
development, acquisition, and operations of S&T. The
recommended amount is the same level as in the budget request
and $160,464,000 above the fiscal year 2012 level.
Due to the significant reduction below the request in
fiscal year 2012, Congress provided S&T with one PPA for
research and development funding called ``Research,
Development, and Innovation'' [RD&I] for fiscal year 2012. The
single PPA structure was approved in order to provide S&T with
flexibility to effectively manage a steep reduction in funding.
The President's request proposes to continue this budget
account structure in fiscal year 2013. With a more robust
funding level recommended in fiscal year 2013, the Committee
does not support the consolidation of all research areas into
one account, as it reduces transparency and accountability of
S&T's primary research funding. Therefore, the Committee
modifies the requested budget structure by including the six
research areas identified in the budget request as PPAs under
RD&I: Apex Research and Development [R&D]; Border Security;
Chemical, Biological, Radiological, Nuclear, and Explosives
Defense; Counter Terrorist R&D; Cyber Security; and Disaster
Resilience.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
SCIENCE AND TECHNOLOGY-RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Research, Development, and Innovation.................... 265,783 478,048 ................
RD&I: Apex R&D........................................... ................ [15,000] 15,000
RD&I: Border Security.................................... ................ [31,652] 31,652
RD&I: Chem/Bio/Radiological/Nuclear/Explosives Defense... ................ [197,688] 197,688
RD&I: Counter Terrorist R&D.............................. ................ [25,493] 25,493
RD&I: Cyber Security..................................... ................ [64,477] 64,477
RD&I: Disaster Resilience................................ ................ [143,738] 143,738
Acquisition and Operations Support....................... 54,154 47,984 47,984
Laboratory Facilities (operations and construction)...... 176,500 127,432 127,432
University Programs...................................... 36,563 40,000 40,000
------------------------------------------------------
Total, Research, Development, Acquisition and 533,000 693,464 693,464
Operations........................................
----------------------------------------------------------------------------------------------------------------
REPORTING REQUIREMENTS
S&T is directed to continue to provide the following:
--quarterly briefings to the Committee on the test and
evaluation status of all level 1 acquisitions;
--a report on results of its research and development for the
prior fiscal year; and
--a report on the amounts de-obligated from projects during
the prior fiscal year and to what projects those funds
were subsequently obligated.
The reports listed above are to be submitted in conjunction
with the fiscal year 2014 President's budget request. Further,
the report on the results of research and development should
detail all technologies, technology improvements, or
capabilities delivered to front line users.
No later than 120 days after the enactment of this act, S&T
is to brief the Committee on its progress in implementing its
new strategic initiatives, including:
--transition to use (moving new technologies from concept to
practical application);
--improving private sector partnerships;
--technology foraging;
--acquisition support for DHS components;
--support of the First Responder Community; and
--addressing high-priority ``urgent'' problems identified by
component heads--known as Apex R&D Projects.
APEX R&D
The Committee notes that S&T has implemented a new program
called Apex, which is focused on high-priority and high-value
projects needed in a short turn-around for DHS components.
Unlike other S&T research initiatives, Apex projects are
collaborative efforts between DHS component heads and the Under
Secretary for S&T. The Committee is supportive of the Apex
concept, especially since it is focused on expediting
technology solutions to the field. S&T and the partner
components are to brief the Committee no later than 60 days
after the date of enactment of this act and periodically
thereafter on: the funding allocation by project; and progress
made to field improved technologies, including a schedule for
evaluation and testing of technical solutions in relevant
operational environments.
With regard to S&T's ongoing work with the Secret Service
to provide a roadmap for technology solutions for protective
mission requirements, the initial results appear to be
promising. However, the Committee expects metrics to be
established for APEX partnerships to judge the true value of
the program. Follow-on evaluations will be necessary to
determine the Service's progress in fielding improved
technologies for its protective mission and how those solutions
improved performance in relevant operational environments.
DISASTER RESILIENCE
The Committee notes that, within the last decade, record-
breaking hurricanes, tornadoes, and floods have devastated the
Southeast Region of the United States. These events have cost
our Nation thousands of lives and billions of dollars. This
region also has the potential for a significant earthquake.
Within the $143,738,000 provided for disaster resilience
research, the Committee encourages S&T to work with appropriate
universities and existing Federal research centers to address
these unique challenges through competitively awarded projects.
CYBERSECURITY
The Committee believes that sophisticated cyber attacks,
such as those launched against Estonia, Georgia, and elsewhere
around the world, could have devastating consequences if such
attacks targeted America's financial market infrastructure.
Because financial markets depend exclusively on the digital
transmission of data, disrupting the confidentiality,
integrity, or availability of market transactions or other
information could have catastrophic and cascading economic
effects. Such a disruption of or intrusion into U.S. financial
services could result in a renewed global economic downturn.
The Committee directs S&T to submit a report not later than 90
days after the date of enactment of this act on the expenditure
of fiscal year 2010, 2011, and 2012 funds for the purpose of
financial sector attack simulation and collaboration with
industry partners in the U.S. financial sector, and on the
outcomes of those investments. Within the amount provided for
cyber security research for fiscal year 2013, the Committee
encourages S&T to robustly fund cyber security programs that
will assist the U.S. financial industry in preparing for and
defending against cyber attacks. The Committee also encourages
S&T to extend the cyber security exercise technology developed
for the financial services sector to other critical
infrastructure sectors, such as the energy and transportation
sectors.
The Committee encourages the Department of Homeland
Security to fund multi-disciplinary programs of study and
research that focus on tackling cyber security issues on a
global scale, including institutions of higher education with
National Security Agency-designated Centers of Academic
Excellence for Information Assurance Education and Centers for
Academic Excellence for Information Assurance Research.
FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS
S&T, in conjunction with the Director of the National
Institute of Standards and Technology, shall continue assessing
the compliance of first responder communication equipment with
common standards for digital public safety radio communications
(Project 25 standards).
With the re-allocation of the D Block to the new public
safety broadband network, S&T shall also develop transitional
solutions that permit and maintain interoperability among
legacy public safety communications systems and emerging
broadband networks.
CANINES
The Committee recognizes the critical benefit canines
trained to detect explosives provide to homeland security. The
Committee encourages the Department to support research that
studies the olfactory system, genetic markers, and behavior
traits of detection canines in order to increase the
capabilities and quality of these 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
explosives-detection canines.
TEST AND EVALUATION [T&E]
Within the amount provided for ``Acquisition, Operations
and Support'', no less than $6,640,000 shall be for S&T to
establish policies and procedures for and to coordinate and
monitor the T&E activities across the DHS acquisition
framework. Testing and evaluation of new technologies prior to
their acquisition and deployment will, in the long-run, save
money through the prevention of wasteful spending.
DIGITAL IMAGING AND COMMUNICATIONS IN SECURITY
The Committee is aware that S&T is reviewing a recently
established standard designed to facilitate the exchange of
digital information between security-imaging equipment from
different manufacturers to enhance security screening
capabilities. Given the potential benefit of this new standard,
the Committee encourages S&T to complete this review
expeditiously.
LABORATORY FACILITIES
The Committee recommendation includes $127,432,000 for
Laboratory Facilities, as requested. No funding was requested
in the budget for National Bio and Agro Defense Facility [NBAF]
construction, which is estimated to cost $1,138,000,000.
According to the Secretary of Homeland Security in testimony
before the Committee, the Department is re-evaluating the scope
and costs of the project in light of the Budget Control Act
spending limits. According to the Department's budget
justification, ``DHS, beginning in fiscal year 2012, will
convene an expert and stakeholder taskforce, in conjunction
with the interagency, to conduct a comprehensive assessment of
whether and for what purpose a BSL 4 facility should be stood
up. This taskforce will consider current threats from
terrorism, foreign animals and the global migration of zoonotic
diseases to U.S. agriculture. This assessment will also review
the cost, safety, and any alternatives to the current plan that
would reduce costs and ensure safety within the overall funding
constraints established by the Budget Control Act.'' In
addition, pursuant to a congressional mandate, the National
Academy of Sciences is reviewing the Department's updated site
specific risk assessment for the selected site for the NBAF,
with results due in June 2012. The Committee looks forward to
the results of both of these studies.
UNIVERSITY PROGRAMS
The Committee recommendation includes $40,000,000 for
University Programs, as requested.
The Department of Homeland Security may benefit from a
broader research effort that could bring a more diverse
perspective on the development of new technologies to address
the many challenges faced by the Department in enhancing our
Nations' security. Other Federal agencies have a broader based
research effort underway called EPSCoR, the Experimental
Program to Stimulate Competitive Research, which was initiated
by the National Science Foundation and has since grown to
include other Federal agencies. The Committee directs the
Department to evaluate if an EPSCoR program would be of value
to DHS.
Domestic Nuclear Detection Office
SUMMARY
The Domestic Nuclear Detection Office [DNDO] is responsible
for development of technologies to detect and report attempts
to import, possess, store, develop, or transport nuclear and
radiological material.
COMMITTEE RECOMMENDATIONS
The Committee recommends $327,977,000 for activities of
DNDO for fiscal year 2013. The recommendation is an increase of
$37,977,000 above the fiscal year 2012 level and the same level
as proposed in the budget request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
DOMESTIC NUCLEAR DETECTION OFFICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration............................. 38,000 39,692 39,692
Research, Development, and Operations..................... 215,000 236,830 236,830
Systems Acquisition....................................... 37,000 51,455 51,455
-----------------------------------------------------
Total, Domestic Nuclear Detection Office............ 290,000 327,977 327,977
----------------------------------------------------------------------------------------------------------------
MANAGEMENT AND ADMINISTRATION
Appropriations, 2012.................................... $38,000,000
Budget estimate, 2013................................... 39,692,000
Committee recommendation................................ 39,692,000
The Management and Administration account funds salaries,
benefits, and expenses for DNDO.
COMMITTEE RECOMMENDATIONS
The Committee recommendation includes $39,692,000 for
Management and Administration. The recommendation is an
increase of $1,692,000 above the fiscal year 2012 level and the
same level as proposed in the budget request. Of this amount
the Committee recommends not to exceed $2,250 for official
reception and representation expenses.
STRATEGIC PLAN OF INVESTMENTS
The Committee includes bill language requiring DNDO to
update its strategic plan of investments necessary to implement
the Department's responsibilities under the domestic component
of the Global Nuclear Detection Architecture. The plan is to:
--identify the various elements of the domestic architecture
and the roles and responsibilities of each Departmental
entity;
--investments being made in fiscal year 2013 and planned for
2014 to secure pathways into the United States (sea,
land, and air);
--investments necessary to close known vulnerabilities and
gaps, including associated costs and timeframes, and
estimates of feasibility and cost effectiveness; and
--how R&D funding is furthering the implementation of the
domestic architecture.
While the strategic plan of investments is to cover the
Department's implementation responsibilities, it shall include
a section on DNDO's focus on surge capabilities and the ability
of Federal, State, and local level assets to be mobilized
together to respond to suspected radiological threats.
RESEARCH, DEVELOPMENT, AND OPERATIONS
Appropriations, 2012.................................... $215,000,000
Budget estimate, 2013................................... 236,830,000
Committee recommendation................................ 236,830,000
The Research, Development and Operations account funds the
development of nuclear detection systems and the integration
and advancement of national nuclear forensics capabilities.
COMMITTEE RECOMMENDATIONS
The Committee recommendation includes $236,830,000 for
Research, Development and Operations. The recommendation is an
increase of $21,830,000 above the fiscal year 2012 level and
the same level as proposed in the budget request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
RESEARCH, DEVELOPMENT, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Systems Engineering and Architecture...................... 30,000 30,091 30,091
Systems Development....................................... 51,000 28,401 28,401
Transformational Research and Development................. 40,000 83,897 83,897
Assessments............................................... 38,000 33,198 33,198
Operations Support........................................ 33,000 35,679 35,679
National Technical Nuclear Forensics Center............... 23,000 25,564 25,564
-----------------------------------------------------
Total, Research, Development, and Operations........ 215,000 236,830 236,830
----------------------------------------------------------------------------------------------------------------
SEMIANNUAL BRIEFINGS
DNDO shall continue semi-annual briefings on program
updates and provide periodic updates on any new threats,
research, and studies and assessments related to the Global
Nuclear Detection Architecture [GNDA]. Semiannual program
briefings shall also cover emergent technology solutions being
explored by DNDO, such as the human portable tripwire program;
cargo scanning technologies for air, land, and sea ports of
entry; long-range detection; small vessel standoff detection;
and related programs. Briefings shall include available test
and evaluation results and progress made to promote industry
development of nuclear detection equipment solutions.
PVT IMPROVEMENTS
In fiscal year 2010, Congress appropriated $5,000,000 for
DNDO to improve operations and capabilities of currently
deployed polyvinyl toluene [PVT] radiation portal monitors and
handheld radiation detectors, and to deploy any improvements to
the field. The Committee is aware of progress made by DNDO in
this area, such as a capability development plan. Further
progress is expected in fiscal year 2012, such as the
completion of a trade study, including energy window
optimization. DNDO is to provide a copy of the final trade
study once it is completed and brief the Committee on PVT
improvements no later than 90 days after the date of enactment
of this act.
RAIL DETECTION SOLUTIONS
The Committee notes that DNDO did not request systems
development funding for international rail and on-dock rail
detection solutions in fiscal year 2013 due to a constrained
budget and what is described as higher priority initiatives to
support the GNDA. The Committee understands DNDO will complete
testing to validate solution capabilities in fiscal year 2012.
DNDO shall brief the Committee on the results of this testing
no later than 30 days after the date of enactment of this act.
If the results of this testing prove successful and result in a
priority shift in funding needs to support the GNDA, the
Committee directs DNDO to maintain the possibility of
restarting these efforts with funding provided for Systems
Development.
TEST AND EVALUATION
The Committee encourages DNDO to test new radiation
detection technologies that the commercial sector may offer,
such as those that have the potential to detect shielded and
unshielded nuclear materials like advanced radiography and muon
tomography. DNDO is to provide a report to the Committee no
later than 120 days after the date of enactment of this act on
the status of systems being researched, under development, or
being tested to improve the Nation's ability to prevent
shielded and unshielded special nuclear material from entering
the United States.
SYSTEMS ACQUISITION
Appropriations, 2012.................................... $37,000,000
Budget estimate, 2013................................... 51,455,000
Committee recommendation................................ 51,455,000
The Systems Acquisition account funds the acquisition of
equipment for front line users across the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommendation includes $51,455,000 for
Systems Acquisition. The recommendation is an increase of
$14,455,000 above the fiscal year 2012 level and the same level
as proposed in the budget request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2012 and budget
request levels:
SYSTEMS ACQUISITION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012 Fiscal year 2013 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Radiation Portal Monitor Program.......................... 7,000 1,355 1,355
Securing the Cities....................................... 22,000 22,000 22,000
Human Portable Radiation Detection Systems................ 8,000 28,100 28,100
-----------------------------------------------------
Total, Systems Acquisition.......................... 37,000 51,455 51,455
----------------------------------------------------------------------------------------------------------------
RADIATION PORTAL MONITORS
The Committee recommendation includes $1,355,000 for the
Radiation Portal Monitor program, as requested. Funds are
provided to acquire and deploy a limited number of fixed
systems to airports with heavy volumes of international air
cargo. DNDO is to keep the Committee apprised of ongoing
development and testing of systems capable of screening high
volumes of air cargo for nuclear threats.
SECURING THE CITIES
The Committee recommendation includes $22,000,000 for
Securing the Cities [STC], as requested. Of this amount,
$12,000,000 is to continue efforts in New York City and
$10,000,000 is to initiate the establishment of a STC program
in another major U.S. city, as requested. Prior to obligating
funds for a new city, DNDO is to brief the Committee on its
plans.
HUMAN PORTABLE RADIATION DETECTION SYSTEMS
The Committee recommendation includes $28,100,000 for the
Handheld Portable Radiation Detection Systems program, the same
level as the budget request and $20,100,000 above the fiscal
year 2012 appropriation to support CBP, TSA, the Coast Guard,
and other emergency response officials. Because new systems
offer greater accuracy in radiation detection, are easier to
use and less expensive to maintain, the Committee encourages
DNDO to pursue an aggressive schedule, through competitive
means. Within the current fiscal constraints, the Committee
encourages DNDO to recapitalize CBP's existing radioisotope
identification devices, while continuing to support the
procurement of handheld devices for TSA and USCG and address
other vulnerabilities in the GNDA, and to provide the Committee
with a multiyear procurement forecast and deployment schedule
by no later than February 5, 2013.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
Section 501. The bill includes a provision that no part of
any appropriation shall remain available for obligation beyond
the current fiscal year unless expressly provided.
Section 502. The bill includes a provision that unexpended
balances of prior appropriations may be merged with new
appropriations accounts and used for the same purpose, subject
to reprogramming guidelines.
Section 503. The bill includes a provision that provides
authority to reprogram appropriations within an account and to
transfer up to 5 percent between appropriations accounts with
15-day advance notification of the Committees on
Appropriations. A detailed funding table identifying each
congressional control level for reprogramming purposes is
included at the end of this statement. These reprogramming
guidelines shall be complied with by all departmental
components funded by this act.
The Committee expects the Department to submit
reprogramming requests on a timely basis, and to provide
complete explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committees should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing (full-time equivalent) levels for
the current fiscal year and to the levels required for the
following fiscal year. The Committee continues to be
disappointed by the quality, level of detail, and timeliness of
the Department's proposed reprogrammings.
The Committee expects the Department to manage its programs
and activities within the levels appropriated. The Committee
reminds the Department that reprogramming or transfer requests
should be submitted only in the case of an unforeseeable
emergency or situation that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department submits a reprogramming or transfer request
to the Committees on Appropriations and does not receive
identical responses from the House and Senate, it is the
responsibility of the Department to reconcile the House and
Senate differences before proceeding, and if reconciliation is
not possible, to consider the reprogramming or transfer request
unapproved.
The Department shall not propose a reprogramming or
transfer of funds after June 30 unless there are extraordinary
circumstances, which place human lives or property in imminent
danger. To the extent any reprogramming proposals are required,
the Department is strongly encouraged to submit them well in
advance of the June 30 deadline.
Section 504. The bill includes a provision relating to the
Department's Working Capital Fund [WCF] that: extends the
authority of the Department's WCF in fiscal year 2013;
prohibits funds appropriated or otherwise made available to the
Department from being used to make payments to the WCF, except
for the activities and amounts allowed in the President's
fiscal year 2013 budget; makes WCF funds available until
expended; ensures departmental components are only charged for
direct usage of each WCF service; makes funds provided to the
WCF available only for purposes consistent with the
contributing component; requires the WCF to be paid in advance
or reimbursed at rates which will return the full cost of each
service; and subjects the WCF to the requirements of section
503 of this act. The WCF table included in the Department's
congressional justification accompanying the President's fiscal
year 2013 budget shall serve as the control level for
reprogramming and transfer purposes in compliance with section
503 of this act.
Section 505. The bill includes a provision 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 reprogramming.
Section 506. The bill includes a provision providing that
funds for intelligence activities are specifically authorized
during fiscal year 2013 until the enactment of an act
authorizing intelligence activities for fiscal year 2013.
Section 507. The bill includes a provision requiring
notification to the Committees 3 business days before any grant
allocation, grant award, contract award (including Federal
Acquisition Regulation-covered contracts), other transaction
agreement, a task or delivery order on a DHS multiple award
contract, letter of intent, or public announcement of the
intention to make such an award totaling in excess of
$1,000,000. If the Secretary determines that compliance would
pose substantial risk to health, human life, or safety, an
award may be made without prior notification but the Committees
shall be notified within 5 full business days after such award
or letter is issued. Additionally, FEMA is required to brief
the Committees 5 full business days prior to announcing
publicly the intention to make an award under State and local
programs. The 3-day notification also pertains to task or
delivery order awards greater than $10,000,000 from multiyear
DHS funds or a task or delivery order that would cause
cumulative obligations of multiyear funds in a single account
to exceed 50 percent of the total amount appropriated.
Section 508. The bill includes a provision that no agency
shall purchase, construct, or lease additional facilities for
Federal law enforcement training without the advance approval
of the Committees on Appropriations.
Section 509. The bill includes a provision that none of the
funds may be used for any construction, repair, alteration, or
acquisition project for which a prospectus, if required under
chapter 33 of title 40, United States Code, has not been
approved. The bill excludes funds that may be required for
development of a proposed prospectus.
Section 510. The bill includes a provision that
consolidates, continues, and modifies by reference prior-year
statutory bill language into one provision. These provisions
concern contracting officers' training and Federal building
energy performance. The provision strikes a permanent
requirement for a report related to Sensitive Security
Information.
Section 511. The bill includes a provision that none of the
funds may be used in contravention of the Buy American Act.
Section 512. The bill includes a provision prohibiting any
person other than the privacy officer appointed under
subsection (a) of section 222 of the Homeland Security Act of
2002 to alter, direct that changes may be made, delay, or
prohibit the transmission to Congress of any report prepared
under paragraph (6) of such subsection.
Section 513. The bill includes a provision prohibiting
funds to be used to amend the oath of allegiance required by
section 337 of the Immigration and Nationality Act (8 U.S.C.
1448).
Section 514. The bill includes a provision requiring the
Chief Financial Officer to submit monthly budget execution and
staffing reports within 45 days after the close of each month.
Section 515. The bill includes a provision regarding
competitive sourcing for United States Citizenship and
Immigration Services.
Section 516. The bill includes a provision requiring any
funds appropriated to Coast Guard for 110-123 foot patrol boat
conversions that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or litigation,
shall be available until expended for the Fast Response Cutter
program.
Section 517. The bill includes a provision relating to
undercover investigative operations authority of the Secret
Service.
Section 518. The bill includes a provision classifying the
functions of instructor staff at FLETC as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Section 519. The bill includes a provision prohibiting the
obligation of funds appropriated to the Office of the Secretary
and Executive Management, the Office of the Under Secretary for
Management, or the Office of the Chief Financial Officer for
grants or contracts awarded by any means other than full and
open competition. Certain exceptions apply. This provision does
not require new competitions of existing contracts during their
current terms. The OIG is required to review Departmental
contracts awarded noncompetitively every 3 years with the next
report due on February 4, 2015.
Section 520. The bill includes 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 of the Department,
subject to section 503 of this act.
Section 521. The bill includes a provision prohibiting the
Secretary of Homeland Security from reducing operations within
the Coast Guard's Civil Engineering Program except as
specifically authorized by a statute enacted after the date of
enactment of this act.
Section 522. The bill includes a provision prohibiting
funding to grant an immigration benefit to any individual
unless the results of background checks required by statute to
be completed prior to the grant of a benefit have been received
by DHS.
Section 523. The bill includes a provision extending other
transactional authority for DHS through fiscal year 2013.
Section 524. The bill includes a provision requiring the
Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 525. The bill includes a provision regarding
waivers of the Jones Act.
Section 526. The bill includes a provision prohibiting the
obligation of funds for the Office of the Secretary and
Executive Management for any new hires that are not verified
through the E-Verify Program.
Section 527. The bill includes a provision prohibiting
funds from being used to reduce the Coast Guard's Operations
Systems Center mission or its Government-employed or contract
staff.
Section 528. The bill includes a provision contained in
Public Laws 109-295, 110-161, 110-329, 111-83, 112-10, and 112-
74 related to prescription drugs.
Section 529. The bill includes a provision prohibiting
funds to be used to conduct or implement the results of a
competition under Office of Management and Budget Circular A-76
with respect to the Coast Guard National Vessel Documentation
Center.
Section 530. The bill includes a provision requiring the
Secretary of Homeland Security, in conjunction with the
Secretary of the Treasury, to notify the Committees on proposed
transfers of surplus balances from the Department of the
Treasury Forfeiture Fund to any agency within the Department of
Homeland Security.
The Committee notes that the Fund is comprised of assets
forfeited to the Federal Government as the result of law
enforcement investigations and operations conducted primarily
by agencies of the Department of the Treasury and DHS. The
President's budget proposes to rescind $830,000,000 of the Fund
and gives the credit to agencies under the jurisdiction of the
Financial Services and General Government Appropriations
Subcommittee. Approximately one-third of the Forfeiture Fund
balance proposed for rescission is the result of DHS law
enforcement activities. The Committee directs the President, if
he proposes to rescind Treasury Forfeiture Funds in his fiscal
year 2014 budget, to divide the funds equitably between the two
Departments based upon their contributions to the Fund.
Section 531. The bill includes a provision prohibiting
funds from being used to plan, test, pilot, or develop a
national identification card.
Section 532. The bill includes a provision requiring a
report summarizing damage assessment information used to
determine whether to declare a major disaster.
Section 533. The bill includes a provision directing that
any official required by this act to report or certify to the
Committees on Appropriations may not delegate such authority
unless expressly authorized to do so in this act.
Section 534. The bill includes a provision extending the
risk-based security standards for chemical facilities cited in
section 550 of Public Law 109-295, as amended, for 1 year.
Section 535. The bill includes a provision extending
current law concerning individuals detained at the Naval
Station, Guantanamo Bay, Cuba.
Section 536. The bill includes a provision prohibiting
funds in this act to be used for first-class travel.
Section 537. The bill includes a provision permanently
prohibiting funds 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 538. The bill includes a provision prohibiting
funds to be used to employ workers in contravention of section
274A(h)(3) of the Immigration and Nationality Act.
Section 539. The bill includes a provision on the proper
disposal of personal information collected through the
Registered Traveler program.
Section 540. The bill includes 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 541. The bill includes language that requires
certification that the 100 percent screening of air cargo
carried on passenger aircraft mandate contained in the 9/11 Act
has been met and biannual reports on the strategy to meet this
mandate if certification does not occur 180 days after the date
of enactment of this act.
Section 542. The bill includes language that requires the
Secretary to ensure screening of passengers and crews for
transportation and national security purposes are consistent
with applicable laws, regulations, and guidance on privacy and
civil liberties.
Section 543. A provision is included directing $5,000,000
in Immigration Examination Fees for the purpose of providing
immigrant integration grants in fiscal year 2013.
Section 544. A provision is included that provides an
additional amount of $7,500,000 for the Federal Emergency
Management Agency ``State and Local Programs'' to reimburse
costs incurred by State and local governments affected by
National Special Security Events, including use of services,
personnel, equipment, and facilities. The Federal Emergency
Management Agency shall brief the Committees on Appropriations
within 30 days of the date of enactment of this act regarding
the process to distribute this funding, including the
application process and eligible costs. Funds shall remain
available until September 30, 2014, and are not subject to any
legislated timeframes required under ``State and Local
Programs''.
Section 545. The bill includes a provision providing some
flexibility to the Department for financing a response to an
immigration emergency.
Section 546. The bill includes a provision prohibiting
funds appropriated or otherwise made available by this act for
DHS to enter into a Federal contract unless the contract meets
requirements of the Federal Property and Administrative
Services Act of 1949 or chapter 137 of title 10 U.S.C., and the
Federal Acquisition Regulation, unless the contract is
otherwise authorized by statute without regard to this section.
Section 547. The bill includes a provision allowing the
Secretary to transfer data center migration funds made
available by this act between appropriations for the same
purpose after notifying the Committees 15 days in advance. The
bill provides an additional $64,797,000 for data center
migration activities to be allocated by the Secretary pursuant
to this section.
Section 548. The bill includes a provision permitting the
Department to sell ICE-owned detention facilities and use the
proceeds from any sale for improvement to other facilities
provided that any such sale will not result in the maintenance
of less than 33,400 detention beds. ICE is required to notify
the Committees on Appropriations 15 days prior to announcing
any sale.
Section 549. The bill includes language that provides a
total of $89,000,000 for expenses related to the consolidation
of the new DHS headquarters and mission support activities.
Section 550. The Committee, in recognition of on-going
fiscal distress in local communities, provides the Secretary
with discretion to waive certain requirements of the Federal
Fire Prevention and Control Act of 1974, including a provision
which allows grants to be used to retain firefighters, instead
of only for increasing the number of firefighters. The
Committee expects that the Secretary will take into
consideration economic hardship when exercising the waiver
authority.
Section 551. The bill includes language directing CBP and
ICE to submit a multiyear investment and management plan for
all information technology programs and procurements.
Section 552. The bill includes language stating that the
Secretary shall ensure enforcement of all immigration laws.
Section 553. The bill includes language authorizing an
increase to aviation security passenger fees for fiscal year
2013.
Section 554. The bill includes language extending the
authorization of four immigration programs--the E-Verify, EB-5,
Special Immigrant Nonminister Religious Worker, and Conrad
State 30 J-1 Visa Waiver programs--for an additional 2 years.
These programs each were extended for a 3-year period expiring
September 30, 2012, in the fiscal year 2010 Department of
Homeland Security Appropriations Act (Public Law 111-83).
Approximately 17,400,000 new hires were processed through E-
Verify in fiscal year 2011 and the program continues to grow by
approximately 1,000 new employers per week. Since its inception
in 1990 through December 30, 2011, USCIS estimates that a
minimum of 43,280 jobs have been created and more than
$2,200,000,000 has been invested through the EB-5 program.
Since fiscal year 2010, more than 1,900 non-minister immigrant
worker visas have been approved. Under the Conrad 30 rural
nurses and doctors program, up to 1,500 visas may be granted to
medical professionals committing to working in rural
communities.
Section 555. The bill includes a provision requested in the
budget authorizing CBP to enter into reimbursable fee
agreements for the provision of CBP services and any other
costs incurred by CBP relating to such services. Current
statutory limitations on CBP's authority to receive outside
funding, except in narrowly defined instances, have prevented
CBP from receiving reimbursement from private sector and
international, State, and local partners. Funds collected
pursuant to this section shall be deposited in the U.S. Customs
and Border Protection ``Salaries and Expenses'' account as
offsetting collections and remain available until expended,
without fiscal year limitation. They can be used to pay for any
expenses incurred by CBP in providing CBP services and any
other costs incurred by CBP relating to such services.
The Committee expects this provision to be used on a
limited basis, noting that when it is exercised, CBP should
deduct user fees collected from the total amount charged for
services so not to be compensated twice per inspection. CBP
shall provide semiannual reports to the Committee on each
request received, the reasons for its approval or denial, the
anticipated and actual revenue received, and the service
provided, including number of CBP officers funded. Language is
included prohibiting the CBP Commissioner from entering into an
agreement if it would negatively impact or alter services at an
existing facility.
Section 556. The bill includes a provision requiring the
Secretary to submit reports to the DHS OIG on costs and
contract procedures related to conferences costing in excess of
$20,000.
Section 557. The bill includes language regarding the
number of employees permitted to attend international
conferences.
Section 558. The bill includes a provision withholding 59
percent of funds available 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 until
all statutorily required expenditure plans, investment plans,
and acquisition plans are submitted to the Committees.
Section 559. The bill includes a provision authorizing
collection of a $30 fee for all diversity visa lottery
applications. In order to address any issues regarding possible
fraud within the diversity visa lottery program, the Department
of State, in consultation with DHS, is directed to report to
the Committees no later than 90 days after the date of
enactment of this act on the steps being taken to implement the
recommendations of GAO report (GAO-07-1174). This
recommendation facilitates immigration enforcement efforts,
including detention beds, investigations, and costs related to
removal of aliens.
Section 560. The bill includes a provision related to
community disaster loans.
Section 561. The bill includes a provision creating a
Department of Homeland Security Forfeiture Fund effective in
fiscal year 2014. The Committee assumes that the Treasury
Forfeiture Fund process will continue under current law and
procedures during fiscal year 2013.
Section 562. The bill includes a provision modifying the
Visa Waiver Program to permit the entry of additional member
countries based on adjusting the criteria for visa refusal
rates if a country has a low visa overstay rate while
maintaining the security requirements of the Visa Waiver
Program. The waiver authority shall remain in effect until
September 30, 2014.
Section 563. The bill includes a provision regarding the
transfer of an operable firearm by a Federal law enforcement
officer to an agent of a drug cartel.
Section 564. The bill includes a provision regarding an OIG
review and arbitration of disaster assistance.
Section 565. The bill includes a provision rescinding
unobligated balances of prior year appropriations in multiple
appropriations across the Department. This amount includes
$59,000,000 from Coast Guard prior year balances, of which
$25,000,000 is from post-production costs for the 4th National
Security Cutter and $20,000,000 is from post-production costs
for the 5th National Security Cutter. The Coast Guard cannot
make use of these funds before they expire. The remaining
$14,000,000 is from funding for systems engineering and
integration activities. As the Coast Guard assumed control of
the lead systems integrator role for asset recapitalization,
these funds are no longer necessary. A total of $92,000,000 is
rescinded from funds made available in Public Law 112-10 and
Public Law 112-74 for ``Border Security Fencing,
Infrastructure, and Technology''.
Section 566. The bill includes a $12,000,000 rescission of
the unobligated prior year balances available for FEMA
``National Predisaster Mitigation Fund''.
Section 567. The bill includes rescissions of prior year
balances from funds transferred to the Department when it was
created in 2003.
PROGRAM, PROJECT, AND ACTIVITY
In fiscal year 2013, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
as amended, the following information provides the definition
of the term ``program, project, and activity'' for the
components of the Department of Homeland Security under the
jurisdiction of the Homeland Security Subcommittee of the
Committee on Appropriations. The term ``program, project, and
activity'' shall include the most specific level of budget
items identified in the Department of Homeland Security
Appropriations Act, 2013, the House and Senate Committee
reports, and the conference report and accompanying joint
explanatory statement of the managers of the committee of
conference.
If a percentage reduction is necessary, in implementing
that reduction, components of the Department of Homeland
Security shall apply any percentage reduction required for
fiscal year 2013 to all items specified in the justifications
submitted to the Committees on Appropriations of the Senate and
the House of Representatives in support of the fiscal year 2013
budget estimates, as amended, for such components, as modified
by congressional action.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports
accompanying general appropriations bills identify each
recommended amendment which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.
The Committee is filing an original bill, which is not
covered under this rule, but reports this information in the
spirit of full disclosure.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2013:
U.S. Customs and Border Protection: Salaries and Expenses;
Automation Modernization; Border Security Fencing,
Infrastructure, and Technology; Air and Marine Interdiction,
Operations, Maintenance, and Procurement; Construction and
Facilities Management; and U.S. Visitor and Immigrant Status
Indicator Technology;
U.S. Immigration and Customs Enforcement: Salaries and
Expenses; and Automation Modernization; and Construction;
Transportation Security Administration: Aviation Security;
Surface Transportation Security; Transportation Threat
Assessment and Credentialing; Transportation Security Support;
and Federal Air Marshals;
Coast Guard: Operating Expenses; Environmental Compliance
and Restoration; Reserve Training; Acquisition, Construction,
and Improvements; Research, Development, Test, and Evaluation;
and Retired Pay;
United States Secret Service: Salaries and Expenses; and
Acquisition, Construction, Improvements, and Related Expenses;
National Protection and Programs Directorate: Management
and Administration;
Office of Health Affairs;
Federal Emergency Management Agency: Salaries and Expenses;
State and Local Programs; Disaster Relief; Flood Hazard Mapping
and Risk Analysis; Firefighter Assistance Grants; National
Flood Insurance Fund; and Emergency Food and Shelter; and
United States Citizenship and Immigration Services.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on May 22, 2012,
the Committee ordered reported the bill (S. 3216), making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2013, and for other purposes,
subject to amendment, by a recorded vote of 27-3, a quorum
being present. The vote was as follows:
Yeas Nays
Chairman Inouye Mrs. Hutchison
Mr. Leahy Mr. Moran
Mr. Harkin Mr. Johnson (WI)
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mrs. Feinstein
Mr. Durbin
Mr. Johnson (SD)
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Pryor
Mr. Tester
Mr. Brown
Mr. Cochran
Mr. McConnell
Mr. Shelby
Mr. Alexander
Ms. Collins
Ms. Murkowski
Mr. Graham
Mr. Kirk
Mr. Coats
Mr. Blunt
Mr. Hoeven
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, changes in existing law
proposed to be made by the bill are shown as follows: existing
law to be omitted is enclosed in black brackets; new matter is
printed in italic; and existing law in which no change is
proposed is shown in roman.
TITLE 6--DOMESTIC SECURITY
CHAPTER 1--HOMELAND SECURITY ORGANIZATION
SUBCHAPTER VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR
GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
PART D--ACQUISITIONS
Sec. 391. Research and development projects
(a) Authority
[Until September 30, 2012,] Until 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:
* * * * * * *
(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--
------
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part I--Selection System
Sec. 1154. Procedure for granting immigrant status
(a) Petitioning procedure
(1)(A)(i) Except as provided in clause (viii), any
citizen of the United States claiming that an alien is
entitled to classification by reason of a relationship
described in paragraph (1), (3), or (4) of section
1153(a) of this title or to an immediate relative
status under section 1151(b)(2)(A)(i) of this title may
file a petition with the Attorney General for such
classification.
(ii) An alien spouse described in the second
sentence of section 1151(b)(2)(A)(i) of this
title also may file a petition with the
Attorney General under this subparagraph for
classification of the alien (and the alien's
children) under such section.
(iii)(I) An alien who is described in subclause
(II) may file a petition with the Attorney
General under this clause for classification of
the alien (and any child of the alien) if the
alien demonstrates to the Attorney General
that--
(aa) the marriage or the intent to
marry the United States citizen was
entered into in good faith by the
alien; and
(bb) during the marriage or
relationship intended by the alien to
be legally a marriage, the alien or a
child of the alien has been battered or
has been the subject of extreme cruelty
perpetrated by the alien's spouse or
intended spouse.
(iv) Each petition filed under this
subparagraph shall be accompanied by a fee
equal to $30. All amounts collected under this
clause shall be covered into the Treasury as
miscellaneous receipts.
* * * * * * *
Part II--Admission Qualifications For Aliens; Travel Control of
Citizens and Aliens
Sec. 1187. Visa waiver program for certain visitors
(a) Establishment of program
The [Attorney General] Secretary of Homeland Security and
the Secretary of State are authorized to establish a program
(hereinafter in this section referred to as the ``program'')
under which the requirement of paragraph (7)(B)(i)(II) of
section 1182(a) of this title may be waived by the [Attorney
General] Secretary of Homeland Security, in consultation with
the Secretary of State and in accordance with this section, in
the case of an alien who meets the following requirements:
* * * * * * *
(1) Seeking entry as tourist for 90 days or less
* * * * * * *
(4) Executes immigration forms
The alien before the time of such admission
completes such immigration form as the [Attorney
General] Secretary of Homeland Security shall
establish.
(5) Entry into the United States
If arriving by sea or air, the alien arrives at the
port of entry into the United States on a carrier,
including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations\1\ which
has entered into an agreement with the [Attorney
General] Secretary of Homeland Security pursuant to
subsection (e) of this section. The [Attorney General]
Secretary of Homeland Security is authorized to require
a carrier conducting operations under part 135 of title
14, Code of Federal Regulations, or a domestic
corporation conducting operations under part 91 of that
title, to give suitable and proper bond, in such
reasonable amount and containing such conditions as the
[Attorney General] Secretary of Homeland Security may
deem sufficient to ensure compliance with the
indemnification requirements of this section, as a term
of such an agreement.
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\1\So in original. Probably should be followed by a comma.
* * * * * * *
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(8) Round-trip ticket
The alien is in possession of a round-trip
transportation ticket (unless this requirement is
waived by the [Attorney General] Secretary of Homeland
Security under regulations or the alien is arriving at
the port of entry on an aircraft operated under part
135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations).
* * * * * * *
(10) Electronic transmission of identification
information
Operators of aircraft under part 135 of title 14,
Code of Federal Regulations, or operators of
noncommercial aircraft that are owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations, carrying
any alien passenger who will apply for admission under
this section shall furnish such information as the
[Attorney General] Secretary of Homeland Security by
regulation shall prescribe as necessary for the
identification of any alien passenger being transported
and for the enforcement of the immigration laws. Such
information shall be electronically transmitted not
less than one hour prior to arrival at the port of
entry for purposes of checking for inadmissibility
using the automated electronic database.
(c) Designation of program countries
[(1) In general
[The [Attorney General] Secretary of Homeland
Security, in consultation with the Secretary of State,
may designate any country as a program country if it
meets the requirements of paragraph (2).]
(1) Authority to designate; definitions.--
(A) Authority to designate.--The Secretary
of Homeland Security, in consultation with the
Secretary of State, may designate any country
as a program country if that country meets the
requirements under paragraph (2).
(B) Definitions.--In this subsection:
(i) Appropriate congressional
committees.--The term ``appropriate
congressional committees'' means--
(I) the Committee on
Foreign Relations, the
Committee on Homeland Security
and Governmental Affairs, and
the Committee on the Judiciary
of the Senate; and
(II) the Committee on
Foreign Affairs, the Committee
on Homeland Security, and the
Committee on the Judiciary of
the House of Representatives.
(ii) Overstay rate.--
(I) Initial designation.--
The term ``overstay rate''
means, with respect to a
country being considered for
designation in the program, the
ratio of--
(aa) the number of
nationals of that
country who were
admitted to the United
States on the basis of
a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during a
fiscal year but who
remained unlawfully in
the United States
beyond such periods; to
(bb) the number of
nationals of that
country who were
admitted to the United
States on the basis of
a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during that
fiscal year.
(II) Continuing
designation.--The term
``overstay rate'' means, for
each fiscal year after initial
designation under this section
with respect to a country, the
ratio of--
(aa) the number of
nationals of that
country who were
admitted to the United
States under this
section or on the basis
of a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during a
fiscal year but who
remained unlawfully in
the United States
beyond such periods; to
(bb) the number of
nationals of that
country who were
admitted to the United
States under this
section or on the basis
of a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during that
fiscal year.
(III) Computation of
overstay rate.--In determining
the over stay rate for a
country, the Secretary of
Homeland Security may utilize
information from any available
databases to ensure the
accuracy of such rate.
(iii) Program country.--The term
``program country'' means a country
designated as a program country under
subparagraph (A).
[(2) Qualifications
[Except as provided in subsection (f) of this
section, a country may not be designated as a program
country unless the following requirements are met:
[(A) Low nonimmigrant visa refusal rate
[Either--
[(i) the average number of refusals
of nonimmigrant visitor visas for
nationals of that country during--
[(I) the two previous full
fiscal years was less than 2.0
percent of the total number of
nonimmigrant visitor visas for
nationals of that country which
were granted or refused during
those years; and
[(II) either of such two
previous full fiscal years was
less than 2.5 percent of the
total number of nonimmigrant
visitor visas for nationals of
that country which were granted
or refused during that year;
[(ii) such refusal rate for
nationals of that country during the
previous full fiscal year was less than
3.0 percent.]
(A) General numerical limitations.--
(i) Low nonimmigrant visa refusal
rate.--The percentage of nationals of
that country refused nonimmigrant visas
under section 101(a)(15)(B) during the
previous full fiscal year was not more
than 3 percent of the total number of
nationals of that country who were
granted or refused nonimmigrant visas
under such section during such year.
(ii) Low nonimmigrant overstay
rate.--The overstay rate for that
country was not more than 3 percent
during the previous fiscal year.
* * * * * * *
[(C) Law enforcement and security interests
[The [Attorney General] Secretary of
Homeland Security, in consultation with the
Secretary of State--
[(i) evaluates the effect that the
country's designation would have on the
law enforcement and security interests
of the United States (including the
interest in enforcement of the
immigration laws of the United States
and the existence and effectiveness of
its agreements and procedures for
extraditing to the United States
individuals, including its own
nationals, who commit crimes that
violate United States law);
[(ii) determines that such
interests would not be compromised by
the designation of the country; and
[(iii) submits a written report to
the [Committee on the Judiciary and the
Committee on International Relations of
the House of Representatives and the
Committee on the Judiciary and the
Committee on Foreign Relations of the
Senate] appropriate congressional
committees regarding the country's
qualification for designation that
includes an explanation of such
determination.]
* * * * * * *
[(3) Continuing and subsequent qualifications
[For each fiscal year after the initial period--
[(A) Continuing qualification
[In the case of a country which was a
program country in the previous fiscal year, a
country may not be designated as a
programcountry unless the sum of--
[(i) the total of the number of
nationals of that country who were
denied admission at the time of arrival
or withdrew their application for
admission during such previous fiscal
year as a nonimmigrant visitor, and
[(ii) the total number of nationals
of that country who were admitted as
nonimmigrant visitors during such
previous fiscal year and who violated
the terms of such admission, was less
than 2 percent of the total number of
nationals of that country who applied
for admission as nonimmigrant visitors
during such previous fiscal year.
[(B) New countries
[In the case of another country, the
country may not be designated as a program
country unless the following requirements are
met:
[(i) Low nonimmigrant visa refusal rate
in previous 2-year period
[The average number of refusals of
nonimmigrant visitor visas for
nationals of that country during the
two previous full fiscal years was less
than 2 percent of the total number of
nonimmigrant visitor visas for
nationals of that country which were
granted or refused during those years.
[(ii) Low nonimmigrant visa refusal
rate in each of the 2 previous years
The average number of refusals of
nonimmigrant visitor visas for
nationals of that country during either
of such two previous full fiscal years
was less than 2.5 percent of the total
number of nonimmigrant visitor visas
for nationals of that country which
were granted or refused during that
year.]
(3) Qualification criteria.--After the initial
period, a country may not be designated as a program
country unless the Secretary of Homeland Security, in
consultation with the Secretary of State, determines,
pursuant to the requirements under paragraph (5), that
the designation will be continued.
* * * * * * *
(5) Written reports on continuing qualification;
designation terminations
(A) Periodic evaluations
(i) In general
* * * * * * *
(I) * * *
[(II) shall determine,
based upon the evaluation in
subclause (I), whether any such
designation ought to be
continued or terminated under
subsection (d) of this
section;]
(II) shall determine, based
upon the evaluation in
subclause (I), whether any such
designation under subsection
(d) or (f), or probation under
subsection (f), ought to be
continued or terminated;
(III) shall submit a
written report to the
[Committee on the Judiciary,
the Committee on Foreign
Affairs, and the Committee on
Homeland Security, of the House
of Representatives and the
Committee on the Judiciary, the
Committee on Foreign Relations,
and the Committee on Homeland
Security and Governmental
Affairs of the Senate]
appropriate congressional
committees regarding the
continuation or termination of
the country's designation that
includes an explanation of such
determination andthe effects
described in subclause (I); and
* * * * * * *
[(6) Computation of visa refusal rates
[For purposes of determining the eligibility of a
country to be designated as a program country, the
calculation of visa refusal ratesshall not include any
visa refusals which incorporate any procedures based
on, or are otherwise based on, race, sex, or
disability, unlessotherwise specifically authorized by
law or regulation. No court shall have jurisdiction
under this paragraph to review any visa refusal,the
denial of admission to the United States of any alien
by the [Attorney General] Secretary of Homeland
Security, the Secretary's computation of the visa
refusal rate, or the designation or nondesignation of
any country.]
(6) Computation of visa refusal rates and judicial
review.--
(A) Computation of visa refusal rates.--For
purposes of determining the eligibility of a
country to be designated as a program country,
the calculation of visa refusal rates shall not
include any visa refusals which incorporate any
procedures based on, or are otherwise based on,
race, sex, or disability, unless otherwise
specifically authorized by law or regulation.
(B) Judicial review.--No court shall have
jurisdiction under this section to review any
visa refusal, the Secretary of State's
computation of a visa refusal rate, the
Secretary of Homeland Security's computation of
an overstay rate, or the designation or
nondesignation of a country as a program
country.
(7) Visa [waiver information] waiver information.--In
refusing
[(A) In general]
[In refusing] the application of nationals
of a program country for United States visas,
or the applications of nationals of a
countryseeking entry into the visa waiver
program, a consular officer shall not knowingly
or intentionally classify the refusal of the
visa under a category that is not included in
the calculation of the visa refusal rate only
so that the percentage of that country's visa
refusals is less than the percentage limitation
applicable to qualification for participation
in the visa waiver program.
* * * * * * *
[(D) Consideration of countries in the visa
waiver program
[Upon notification to the [Attorney
General] Secretary of Homeland Security that a
country is under consideration for inclusion in
the visa waiver program, the Secretary of State
shall provide all of the information described
in subparagraph (B) to the [Attorney General]
Secretary of Homeland Security.
[(E) Definition
[In this paragraph, the term ``appropriate
congressional committees'' means the Committee
on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on
the Judiciary and the Committee on
International Relations of the House of
Representatives.]
[(8) Nonimmigrant visa refusal rate flexibility
[(A) Certification
[(i) In general
[On the date on which an air exit
system is in place that can verify the
departure of not less than 97 percent
of foreign nationalswho exit through
airports of the United States and the
electronic travel authorization system
required under subsection (h)(3) is
fully operational, the Secretary of
Homeland Security shall certify to
Congress that such air exit system and
electronic travel authorization system
are in place.
[(ii) Notification to Congress
[The Secretary shall notify
Congress in writing of the date on
which the air exit system under clause
(i) fully satisfies the biometric
requirements specified in subsection
(i).
[(iii) Temporary suspension of waiver
authority
[Notwithstanding any certification
made under clause (i), if the Secretary
has not notified Congress in accordance
with clause (ii) by June 30, 2009, the
Secretary's waiver authority under
subparagraph (B) shall be suspended
beginning on July 1, 2009, until such
time as the Secretary makes such
notification.
[(iv) Rule of construction
[Nothing in this paragraph shall be
construed as in any way abrogating the
reporting requirements under subsection
(i)(3).
[(B) Waiver
[After certification by the Secretary under
subparagraph (A), the Secretary, in
consultation with the Secretary of State, may
waive the application of paragraph (2)(A) for a
country if--
[(i) the country meets all security
requirements of this section; (ii) the
Secretary of Homeland Security
determines that the totality of the
country's security risk mitigation
measures provide assurance that the
country's participation in the program
would not compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States;
[(ii) the Secretary of Homeland
Security determines that the totality
of the country's security risk
mitigation measures provide assurance
that the country's participation in the
program would not compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States;
[(iii) there has been a sustained
reduction in the rate of refusals for
nonimmigrant visas for nationals of the
country and conditionsexist to continue
such reduction;
[(iv) the country cooperated with
the Government of the United States on
counterterrorism initiatives,
information sharing, and preventing
terrorist travel before the date of its
designation as a program country, and
the Secretary of Homeland Security and
the Secretary of State determine that
such cooperation will continue;and
[(v)(I) the rate of refusals for
nonimmigrant visitor visas for
nationals of the country during the
previous full fiscal year was not more
than ten percent; or
[(II) the visa overstay rate for
the country for the previous full
fiscal year does not exceed the maximum
visa overstay rate, once such rate is
established under subparagraph (C).
[(C) Maximum visa overstay rate
[(i) Requirement to establish
[After certification by the
Secretary under subparagraph (A), the
Secretary and the Secretary of State
jointly shall use informationfrom the
air exit system referred to in such
subparagraph to establisha maximum visa
overstay rate for countries
participating in the program pursuant
to a waiver under subparagraph (B). The
Secretary of Homeland Security shall
certify to Congress that such rate
wouldnot compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States.
[(ii) Visa overstay rate defined In
this paragraph the term ``visa overstay
rate'' means, with respect to a
country, the ratio of--
[(I) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa whose periods
of authorized stays ended
during a fiscal year but who
remained unlawfully in the
United States beyond such
periods; to
[(II) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa during that
fiscal year.
[(iii) Report and publication
[The Secretary of Homeland Security
shall on the same date submit to
Congress and publish in the Federal
Register information relating to the
maximum visa overstay rate established
under clause (i). Not later than 60
days after such date, the Secretary
shall issue a final maximum visa
overstay rate above which a country may
not participate in the program.]
(8) Waiver authority.--The Secretary of
Homeland Security, in consultation with the
Secretary of State, may waive the application
of paragraph (2)(A)(i) for a country if--
(A) the country meets all other
requirements of paragraph (2);
(B) the Secretary of Homeland Security
determines that the totality of the country's
security risk mitigation measures provide
assurance that the country's participation in
the program would not compromise the law
enforcement, security interests, or enforcement
of the immigration laws of the United States;
(C) there has been a general downward trend
in the percentage of nationals of the country
refused nonimmigrant visas under section
101(a)(15)(B);
(D) the country consistently cooperated
with the Government of the United States on
counterterrorism initiatives, information
sharing, preventing terrorist travel, and
extradition of the country's nationals to the
United States before the date of its
designation as a program country, and the
Secretary of Homeland Security and the
Secretary of State assess that such cooperation
is likely to continue; and
(E) the percentage of nationals of the
country refused a nonimmigrant visa under
section 101(a)(15)(B) during the previous full
fiscal year was not more than 10 percent of the
total number of nationals of that country who
were granted or refused such nonimmigrant
visas.
* * * * * * *
(e) Carrier agreements
(1) In general
The agreement referred to in subsection (a)(4) of
this section is an agreement between a carrier
(including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a
domestic corporation conducting operations under part
91 of that title and the [Attorney General] Secretary
of Homeland Security under which the carrier (including
any carrier conducting operations under part 135 of
title 14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that
title agrees, in consideration of the waiver of the
visa requirement with respect to a nonimmigrant visitor
under the program--
(A) * * *
* * * * * * *
(C) to be subject to the imposition of fines
resulting from the transporting into the United
States of a national of a designatedcountry
without a passport pursuant to regulations
promulgated by the [Attorney General] Secretary
of Homeland Security, and
* * * * * * *
(2) Termination of agreements
The [Attorney General] Secretary of Homeland
Security may terminate an agreement under paragraph (1)
with five days' notice to the carrier (including any
carrier conducting operations under part 135 of title
14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that
title for the failure by a carrier (including any
carrier conducting operations under part 135 of title
14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that
title to meet the terms of such agreement.
(3) Business aircraft requirements
(A) In general
For purposes of this section, a domestic
corporation conducting operations under part 91
of title 14, Code of Federal Regulations\2\
that owns or operates a noncommercial aircraft
is a corporation that is organized under the
laws of any of the States of the United States
or the District of Columbia and is accredited
by or a member of a national organization that
sets business aviation standards. The Attorney
General shall prescribe by regulation the
provision of such information as the [Attorney
General] Secretary of Homeland Security deems
necessary to identify the domestic corporation,
its officers, employees, shareholders, its
place of business, and its business activities.
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\2\So in original. Probably should be followed by a comma.
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(B) Collections
In addition to any other fee authorized by
law, the [Attorney General] Secretary of
Homeland Security is authorized to charge and
collect, on a periodic basis, an amount from
each domestic corporation conducting operations
under part 91 of title 14, Code of Federal
Regulations, for nonimmigrant visa waiver
admissions on noncommercial aircraft owned or
operated by such domestic corporation equal to
the total amount of fees assessed for issuance
of nonimmigrant visa waiver arrival/departure
forms at land border ports of entry. All fees
collected under this paragraph shall be
deposited into the Immigration User Fee Account
established under section 1356(h) of this
title.
[(f) Duration and termination of designation
[(1) In general
[(A) Determination and notification of
disqualification rate
[Upon determination by the [Attorney
General] Secretary of Homeland Security that a
program country's disqualification rate is 2
percent or more, the Attorney General shall
notify the Secretary of State.
[(B) Probationary status
[If the program country's disqualification
rate is greater than 2 percent but less than
3.5 percent, the [Attorney General] Secretary
of Homeland Security shall place the program
country in probationary status for a period not
to exceed 2 full fiscal yearsfollowing the year
in which the determination under subparagraph
(A) is made.
[(C) Termination of designation
[Subject to paragraph (3), if the program
country's disqualification rate is 3.5 percent
or more, the [Attorney General] Secretary of
Homeland Security shall terminate the country's
designation as a program country effective at
the beginning of the second fiscal year
following the fiscal year in which the
determination under subparagraph (A) is made.
[(2) Termination of probationary status
[(A) In general
If the [Attorney General] Secretary of
Homeland Security determines at the end of the
probationary period described in paragraph
(1)(B) that the program country placed in
probationary status under such paragraph has
failed to develop a machine-readable passport
program as required by section\3\ (c)(2)(C) of
this section, or has a disqualification rate of
2 percent or more, the [Attorney General]
Secretary of Homeland Security shall terminate
the designation of the country as a program
country. If the [Attorney General] Secretary of
Homeland Security determines that the program
country has developed a machine-readable
passport program and has a disqualification
rate of less than 2 percent, the [Attorney
General] Secretary of Homeland Security shall
redesignate the country as a program country.]
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\3\So in original. Probably should be ``subsection''.
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(f) Termination of Designation; Probation.--
(1) Definitions.--In this subsection:
(A) Probationary period.--The term
``probationary period'' means the fiscal year
in which a probationary country is placed in
probationary status under this subsection.
(B) Program country.--The term ``program
country'' has the meaning given that term in
subsection (c)(1)(B).
(2) Determination, notice, and initial probationary
period.--
(A) Determination of probationary status
and notice of noncompliance.--As part of each
program country's periodic evaluation required
by subsection (c)(5)(A), the Secretary of
Homeland Security shall determine whether a
program country is in compliance with the
program requirements under subparagraphs
(A)(ii) through (F) of subsection (c)(2).
(B) Initial probationary period.--If the
Secretary of Homeland Security determines that
a program country visa is not in compliance
with the program requirements under
subparagraphs (A)(ii) through (F) of subsection
(c)(2), the Secretary of Homeland Security
shall place the program country in probationary
status for the fiscal year following the fiscal
year in which the periodic evaluation is
completed.
(3) Actions at the end of the initial probationary
period.--At the end of the initial probationary period
of a country under paragraph (2)(B), the Secretary of
Homeland Security shall take one of the following
actions:
(A) Compliance during initial probationary
period.--If the Secretary determines that all
instances of noncompliance with the program
requirements under subparagraphs (A)(ii)
through (F) of subsection (c)(2) that were
identified in the latest periodic evaluation
have been remedied by the end of the initial
probationary period, the Secretary shall end
the country's probationary period.
(B) Noncompliance during initial
probationary period.--If the Secretary
determines that any instance of noncompliance
with the program requirements under
subparagraphs (A)(ii) through (F) of subsection
(c)(2) that were identified in the latest
periodic evaluation has not been remedied by
the end of the initial probationary period--
(i) the Secretary may terminate the
country's participation in the program;
or
(ii) on an annual basis, the
Secretary may continue the country's
probationary status if the Secretary,
in consultation with the Secretary of
State, determines that the country's
continued participation in the program
is in the national interest of the
United States.
(4) Actions at the end of additional probationary
periods.--At the end of all probationary periods
granted to a country pursuant to paragraph (3)(B)(ii),
the Secretary shall take 1 of the following actions:
(A) Compliance during additional period.--
The Secretary shall end the country's
probationary status if the Secretary determines
during the latest periodic evaluation required
by subsection (c)(5)(A) that the country is in
compliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection
(c)(2).
(B) Noncompliance during additional
periods.--The Secretary shall terminate the
country's participation in the program if the
Secretary determines during the latest periodic
evaluation required by subsection (c)(5)(A)
that the program country continues to be in
noncompliance with the program requirements
under subparagraphs (A)(ii) through (F) of
subsection (c)(2).
(5) Effective date.--The termination of a country's
participation in the program under paragraph (3)(B) or
(4)(B) shall take effect on the first day of the first
fiscal year following the fiscal year in which the
Secretary determines that such participation shall be
terminated. Until such date, nationals of the country
shall remain eligible for a waiver under subsection
(a).
(6) Treatment of nationals after termination.--For
purposes of this subsection and subsection (d)--
(A) nationals of a country whose
designation is terminated under paragraph (3)
or (4) shall remain eligible for a waiver under
subsection (a) until the effective date of such
termination; and
(B) a waiver under this section that is
provided to such a national for a period
described in subsection (a)(1) shall not, by
such termination, be deemed to have been
rescinded or otherwise rendered invalid, if the
waiver is granted prior to such termination.
(7) Consultative role of the secretary of state.--
In this subsection, references to subparagraphs (A)(ii)
through (F) of subsection (c)(2) and subsection
(c)(5)(A) carry with them the consultative role of the
Secretary of State as provided in those provisions.
* * * * * * *
(h) Use of information technology systems
(1) Automated entry-exit control system
(A) System
Not later than October 1, 2001, the
[Attorney General] Secretary of Homeland
Security shall develop and implement a fully
automated entry and exit control system that
will collect a record of arrival and departure
for every alien who arrives and departs by sea
or air at a port of entry into the United
States and is provided a waiver under the
program.
* * * * * * *
(i) Data collection by carriers
* * * * * * *
(ii) Data provision by carriers
Not later than October 1, 2002, no
waiver may be provided under this
section to an alien arriving by sea or
air at a port ofentry into the United
States on a carrier unless the carrier
is electronically transmitting to the
automated entry and exit control system
passenger data determined by the
[Attorney General] Secretary of
Homeland Security to be sufficient to
permit the [Attorney General] Secretary
of Homeland Security to carry out this
paragraph.
(iii) Calculation
The system shall contain sufficient
data to permit the [Attorney General]
Secretary of Homeland Security to
calculate, for each program country and
each fiscal year, the portion of
nationals of that country who are
described in subparagraph (A) and for
whom no record of departure exists,
expressed as a percentage of the total
number of such nationals who are so
described.
(C) Reporting
(i) Percentage of nationals lacking
departure record
As part of the annual report
required to be submitted under section
1365a(e)(1) of this title, the
[Attorney General] Secretary of
Homeland Security shall include a
section containing the calculation
described in subparagraph (B)(iii) for
each program country for the previous
fiscal year, together with an analysis
of that information.
(ii) System effectiveness
* * * * * * *
(I) The conclusions of the
[Attorney General] Secretary of
Homeland Security regarding the
effectiveness of the automated
entry and exit control system
to be developed and implemented
under this paragraph.
(II) The recommendations of
the [Attorney General]
Secretary of Homeland Security
regarding the use of the
calculation described in
subparagraph (B)(iii) as a
basis for evaluating whether to
terminate or continue the
designation of a country as a
program country.
* * * * * * *
(2) Automated data sharing system
(A) System
The [Attorney General] Secretary of
Homeland Security and the Secretary of State
shall develop and implement an automated data
sharing system that will permit them to share
data in electronic form from their respective
records systems regarding the admissibility of
aliens who are nationals of a program country.
(B) Requirements
* * * * * * *
(i) * * *
* * * * * * *
(ii) Supplying photographs of
inadmissible aliens
The system shall permit the
[Attorney General] Secretary of
Homeland Security electronically to
obtain any photograph contained in the
records of the Secretary of State
pertaining to an alien who is a
national of a program country and has
been determined to be ineligible to
receive a visa.
------
HOMELAND SECURITY ACT, 2002, PUBLIC LAW 107-296
TITLE VII--MANAGEMENT
Sec. 701. Under Secretary for Management.
Sec. 702. Chief Financial Officer.
Sec. 703. Chief Information Officer.
Sec. 704. Chief Human Capital Officer.
Sec. 705. Establishment of Officer for Civil Rights and Civil
Liberties.
Sec. 706. Consolidation and Co-location of Offices.
* * * * * * *
TITLE VII--MANAGEMENT
SEC. 706. CONSOLIDATION AND CO-LOCATION OF OFFICES.
* * * * * * *
SEC. 707. DEPARTMENT OF HOMELAND SECURITY FORFEITURE FUND.
(a) In General.--There is established in the United States
Treasury, a special fund to be known as the ``Department of
Homeland Security Forfeiture Fund'' (referred to in this
section as the `Fund').
(b) Use of Funds.--The Fund shall be available to the
Secretary of Homeland Security (referred to in this section as
`the Secretary'), without fiscal year limitation, with respect
to seizures and forfeitures made pursuant to any law enforced
or administered by the Department, for the following law
enforcement and other purposes:
(1)(A) Payment of all proper expenses of seizure
(including investigative costs incurred by a Department
of Homeland Security law enforcement organization
leading to seizure) or the proceedings of forfeiture
and sale, including the expenses of detention,
inventory, security, maintenance, advertisement, or
disposal of the property, and if condemned by a court
and a bond for such costs was not given, the costs as
taxed by the court.
(B) Payment for--
(i) contract services;
(ii) the employment of outside contractors
to operate and manage properties or to provide
other specialized services necessary to dispose
of such properties in an effort to maximize the
return from such properties; and
(iii) reimbursing any Federal, State, or
local agency for any expenditures made to
perform the functions described in this
subparagraph.
(C) Awards of compensation to informers under
section 619 of the Tariff Act of 1930 (19 U.S.C. 1619).
(D) Satisfaction of--
(i) liens for freight, charges, and
contributions in general average, notice of
which has been filed with the appropriate
Customs officer according to law; and
(ii) subject to the discretion of the
Secretary, other valid liens and mortgages
against property that has been forfeited
pursuant to any law enforced or administered by
a Department of Homeland Security law
enforcement organization. To determine the
validity of any such lien or mortgage, the
amount of payment to be made, and to carry out
the functions described in this subparagraph,
the Secretary may employ and compensate
attorneys and other personnel skilled in State
real estate law.
(E) Payment of amounts authorized by law with
respect to remission and mitigation.
(F) Payment of claims of parties in interest to
property disposed of under section 612(b) of the Tariff
Act of 1930 (19 U.S.C. 1612(b)), in the amounts
applicable to such claims at the time of seizure.
(G) Equitable sharing payments made to other
Federal agencies, State and local law enforcement
agencies, and foreign countries pursuant to section
616(c) of the Tariff Act of 1930 (19 U.S.C. 1616a(c)),
section 981 of title 18, or subsection (h) of this
section, and all costs related thereto.
(H) Payment for services of experts and consultants
needed by a Department of Homeland Security law
enforcement organization to carry out the
organization's duties relating to seizure and
forfeiture.
(I) Payment of overtime salaries, travel, fuel,
training, equipment, and other similar costs of State
or local law enforcement officers that are incurred in
joint law enforcement operations with a Department of
Homeland Security law enforcement organization.
(J) Payment made pursuant to guidelines promulgated
by the Secretary, if such payment is necessary and
directly related to seizure and forfeiture program
expenses for--
(i) the purchase or lease of automatic data
processing systems (not less than a majority of
which use will be related to such program);
(ii) training;
(iii) printing; and
(iv) services, including contracting for
services, directly related to--
(I) the identification of
forfeitable assets;
(II) the processing of and
accounting for forfeitures; and
(III) the storage, maintenance,
protection, and destruction of
controlled substances.
(K) Payment for equipment for any vessel, vehicle,
or aircraft available for official use by the United
States Coast Guard to enable the vessel, vehicle, or
aircraft to assist in law enforcement functions.
(L) Payment for any vessel, vehicle, equipment, or
aircraft available for official use by a State or local
law enforcement agency to enable the vessel, vehicle or
aircraft to assist in law enforcement functions if the
vessel, vehicle or aircraft will be used in joint law
enforcement operations with the United States Coast
Guard.
(M) Payment for overtime salaries, travel, fuel,
training, equipment,. And other similar costs of State
and local law enforcement operations with the United
States Coast Guard.
(N) Payment for expenses incurred in bringing
vessels into compliance with applicable environmental
laws prior to disposal by sinking.
(2) At the discretion of the Secretary--
(A) payment of awards for information or
assistance leading to a civil or criminal
forfeiture involving any Department of Homeland
Security law enforcement organization
participating in the Fund;
(B) purchases of evidence or information
by--
(i) a Department of Homeland
Security law enforcement organization
with respect violations of any law
enforced or administered by a
Department of Homeland Security law
enforcement;
(C) payment of costs for publicizing awards
available under section 619 of the Tariff Act
of 1930 (19 U.S.C. 1619);
(D) payment for equipment for any vessel,
vehicle, or aircraft available for official use
by a Department of Homeland Security law
enforcement organization to enable the vessel,
vehicle, or aircraft to assist in law
enforcement functions, and for other equipment
directly related to seizure or forfeiture,
including laboratory equipment, protective
equipment, communications equipment, and the
operation and maintenance costs of such
equipment;
(E) the payment of claims against employees
of the Department of Homeland Security settled
by the Secretary under section 630 of the
Tariff Act of 1930;
(F) payment for equipment for any vessel,
vehicle, or aircraft available for official use
by a State or local law enforcement agency to
enable the vessel, vehicle, or aircraft to
assist in law enforcement functions if the
vessel, vehicle, or aircraft will be used in
joint law enforcement operations with a
Department of Homeland Security law enforcement
organization;
(G) reimbursement of private persons for
expenses incurred by such persons in
cooperating with a Department of Homeland
Security law enforcement organization in
investigations and undercover law enforcement
operations; and
(H) payment for training foreign law
enforcement personnel with respect to seizure
or forfeiture activities of the Department of
Homeland Security; and
(c) Limitations.--
(1) Any payment made under subparagraph (D) or (E)
of subsection (b)(1) with respect to a seizure or a
forfeiture of property shall not exceed the value of
the property at the time of the seizure.
(2) Any payment made under subsection (b)(1)(G)
with respect to a seizure or forfeiture of property
shall not exceed the value of the property at the time
of disposition.
(3) The Secretary may exempt the procurement of
contract services under the Fund from section 3709 of
the Revised Statutes of the United States (41 U.S.C.
5), title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.), and other provisions of law as may be necessary
to maintain the security and confidentiality of related
criminal investigations.
(4) The Secretary shall assure that any equitable
sharing payment made to a State or local law
enforcement agency pursuant to subsection (b)(1)(G) and
any property transferred to a State or local law
enforcement agency pursuant to subsection (i)--
(A) has a value that bears a reasonable
relationship to the degree of participation of
the State or local agency in the law
enforcement effort resulting in the forfeiture,
taking into account the total value of all
property forfeited and the total law
enforcement effort with respect to the
violation of law on which the forfeiture is
based; and
(B) will serve to encourage further
cooperation between the recipient State or
local agency and Federal law enforcement
agencies.
(d) Deposits and Credits.--
(1) With respect to fiscal year 2014 and
thereafter, there shall be deposited into or credited
to the Fund--
(A) all currency forfeited during fiscal
year 2014 and thereafter, and all proceeds from
forfeitures during fiscal year 2014 and there
after, under any law enforced or administered
by the Department of Homeland Security law
enforcement organizations;
(B) all income from investments made under
subsection (e); and
(C) all amounts representing the equitable
share of the Department of Homeland Security
law enforcement organizations from the
forfeiture of property under any Federal,
State, local, or foreign law.
(2) With respect to fiscal years beginning after
fiscal year 2014, there shall be deposited into or
credited to the Fund--
(A) all currency forfeited after fiscal
year 2014 and all proceeds from forfeitures
after fiscal year 2014, under any law enforced
or administered by a Department of Homeland
Security law enforcement organization;
(B) all income from investments made under
subsection (e); and
(C) all amounts representing the equitable
share of a Department of Homeland Security law
enforcement organization from the forfeiture of
property under any Federal, State, local, or
foreign law.
(e) Investments.--Amounts in the Fund, and in any holding
accounts associated with the Fund, which are not currently
needed for the purposes of this section may be kept on deposit
or invested in obligations of, or guaranteed by, the United
States and all earnings on such investments shall be deposited
in the Fund.
(f) Reports to Congress.--The Fund shall be subject to
annual financial audits as authorized in the Chief Financial
Officers Act of 1990 (Public Law 101-576).
(1) The Secretary shall transmit to the Congress,
not later than February 1 of each year copies of the
annual financial audits.
(g) Administration.--The Fund shall be administered on
behalf of the Secretary by the Department of Homeland Security,
Chief Financial Officer who is authorized to enter into an
agreement with any Federal agency to manage the operations of
the Fund on behalf of the Department. Payments may be made to
the managing agency from the proceeds of the Fund, not to
exceed 8 percent of funds managed on behalf of the Department.
(h) Appropriations.--
(1) There are hereby appropriated from the Fund
such sums as may be necessary to carry out the purposes
described in subsection (a)(1).
(2) There are authorized to be appropriated from
the Fund to carry out the purposes set forth in
subsections (a)(2) and (c) not to exceed $50,000,000
for each fiscal year.
(3)(A) The Secretary of the Treasury, in
coordination with the Secretary of Homeland Security,
shall reserve from the unobligated balances remaining
in the Treasury Forfeiture Fund on September 30, 2013,
an amount equal to balances resulting from actions
carried out by the Department of Homeland Security, and
such amount shall be transferred to the Fund on October
1, 2013. Such amount shall be available for any
expenses or activities authorized under this section.
At the end of fiscal year 2013, and at the end of each
fiscal year thereafter, the Secretary shall reserve any
amounts that are required to be retained in the Fund to
ensure the availability of amounts in the subsequent
fiscal year for purposes authorized under subsection
(a). Unobligated balances remaining pursuant to section
4(B) shall also be carried forward.
(B) Super Surplus: Any unobligated balances in the
Fund on October 1, 2013, and on September 30 of each
fiscal year thereafter, shall be made available to the
Secretary, without fiscal year limitation, for
obligation or expenditure in connection with the law
enforcement activities of any Federal agency, including
a Department of Homeland Security law enforcement
organization: Provided, That none of the funds
transferred shall be available for obligation unless
the Committees on Appropriations of the Senate and the
House of Representatives are notified at least 15 days
in advance of such transfer.
(C) Any obligation or expenditure in excess of
$500,000 with respect to an unobligated balance
described in subparagraph (B) may not be made by the
Secretary unless the Appropriations Committees of both
Houses of Congress are notified at least 15 days in
advance of such obligation or expenditure.
(i) Retention or Transfer of Property.--
(1) The Secretary may, with respect to any property
forfeited under any law enforced or administered by the
Department of Homeland Security--
(A) retain any of the property for official
use; or
(B) transfer any of the property to--
(i) any other Federal agency; or
(ii) any State or local law
enforcement agency that participated
directly or indirectly in the seizure
or forfeiture of the property; and
(2) The Secretary may transfer any forfeited
personal property or the proceeds of the sale of any
forfeited personal or real property to any foreign
country which participated directly or indirectly in
the seizure or forfeiture of the property, if such a
transfer--
(A) is one with which the Secretary of
State has agreed;
(B) is authorized in an international
agreement between the United States and the
foreign country; and
(C) is made to a country which, if
applicable, has been certified under section
481(h) of the Foreign Assistance Act of 1961
(22 U.S.C. 2291(h)).
(3) Nothing in this section shall affect the
authority of the Secretary under section 981 of title
18 or section 616 of the Tariff Act of 1930 (19 U.S.C.
1616a).
(j) Regulations.--The Secretary may prescribe such rules
and regulations as may be necessary to carry out this section.
(k) Customs and Treasury Forfeiture Funds.--Notwithstanding
any other provision of law--
(1) during any period when forfeited currency and
proceeds from forfeitures under any law enforced or
administered by the Department of Homeland Security,
are required to be deposited in the Fund pursuant to
this section--
(A) all moneys required to be deposited in
the Customs Forfeiture Fund or the Treasury
Forfeiture Fund pursuant to section 613A of the
Tariff Act of 1930 (19 U.S.C. 1613b) shall
instead be deposited in the Fund; and
(B) no deposits or withdrawals may be made
to or from the Customs Forfeiture Fund pursuant
to section 613A of the Tariff Act of 1930 (19
U.S.C. 1613b); and
(2) any funds in the Treasury Forfeiture Fund
apportioned to represent the contributions of the
Department of Homeland Security law enforcement
organization and any obligations of the Department of
Homeland Security law enforcement organization of the
Treasury Forfeiture Fund on the effective date of the
enactment of this section, shall be transferred to the
Fund and all administrative costs of such transfer
shall be paid for out of the Fund.
(l) Limitation of Liability.--The United States shall not
be liable in any action relating to property transferred under
this section or under section 616 of the Tariff Act of 1930 (19
U.S.C. 1616a) if such action is based on an act or omission
occurring after the transfer.
(m) Authority To Warrant Title.--Following the completion
of procedures for the forfeiture of property pursuant to any
law enforced or administered by the Department of Homeland
Security, the Secretary is authorized, at the Secretary's
discretion, to warrant clear title to any subsequent purchaser
or transferee of such forfeited property.
(n) Forfeited Property.--For purposes of this section and
notwithstanding section 524(c)(11) of title 28, United States
Code, or any other law, property and currency shall be deemed
to be forfeited pursuant to a law enforced or administered by a
Department of Homeland Security law enforcement organization if
it is forfeited pursuant to--
(1) a judicial forfeiture proceeding when the
underlying seizure was made by an officer of a
Department of the Homeland Security law enforcement
organization or the property was maintained by a
Department of the Homeland Security law enforcement
organization; or
(2) a civil administrative forfeiture proceeding
conducted by a Department of the Homeland Security law
enforcement organization.
(o) Transfers to Attorney General, Secretary of the
Treasury, and Postmaster General.--
(1) The Secretary shall transfer from the Fund to
the Attorney General for deposit in the Department of
Justice Assets Forfeiture Fund or the Secretary of the
Treasury for deposit in the Treasury Forfeiture Fund
amounts appropriate to reflect the degree of
participation of participating Federal agencies in the
law enforcement effort resulting in the forfeiture
pursuant to laws enforced or administered by a
Department of Homeland Security law enforcement
organization. For purposes of the preceding sentence, a
``participating Federal agency'' is an agency that
participates in the Department of Justice Assets
Forfeiture Fund or the Treasury Forfeiture Fund.
(2) The Secretary shall transfer from the Fund to
the Postmaster General for deposit in the Postal
Service Fund amounts appropriate to reflect the degree
of participation of the United States Postal Service in
the law enforcement effort resulting in the forfeiture
pursuant to laws enforced or administered by a
Department of Homeland Security law enforcement
organization.
(p) Definitions.--For purposes of this section--
(1) The term ``Department of Homeland Security law
enforcement organization'' means U.S. Customs and
Border Protection, U.S. Immigration and Customs
Enforcement, the United States Secret Service, the
Federal Law Enforcement Training Center, the United
States Coast Guard, and any other law enforcement
component of the Department of the Homeland Security so
designated by the Secretary.
(2) The term ``Secretary'' means the Secretary of
the Homeland Security.
------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007, PUBLIC LAW
109-295
TITLE V
GENERAL PROVISIONS
Sec. 501. * * *
* * * * * * *
Sec. 532. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal year
[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--
* * * * * * *
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.
------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010, PUBLIC LAW
111-83
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS
Sec. 547. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is amended by striking ``at the end of the 11-year period
beginning on the first day the pilot program is in effect.''
and inserting ``on [September 30, 2012] September 30, 2015.''.
Sec. 548. Section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by
striking ``for 15 years'' and inserting ``until [September 30,
2012] September 30, 2015.''
* * * * * * *
Sec. 568. (a) Special Immigrant Nonminister Religious
Worker Program and Other Immigration Programs.--
(1) Extension.--Subclauses (II) and (III) of
section 101(a)(27)(C)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are
amended by striking ``September 30, 2009,'' each place
such term appears and inserting ``[September 30, 2012]
September 30, 2015''.
* * * * * * *
(b) Conrad State 30 J-1 Visa Waiver Program.--Section
220(c) of the Immigration and Nationality Technical Corrections
Act of 1994 (8 U.S.C. 1182 note) is amended by amended by
striking ``September 30, 2009'' and inserting ``[September 30,
2012] September 30, 2014''.
------
CONSOLIDATED APPROPRIATIONS ACT, 2012, PUBLIC LAW 112-74
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Law Enforcement
Training Center, including materials and support costs of
Federal law enforcement basic training; the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger
motor vehicles; expenses for student athletic and related
activities; the conduct of and participation in firearms
matches and presentation of awards; public awareness and
enhancement of community support of law enforcement training;
room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile
phones for official duties; and services as authorized by
section 3109 of title 5, United States Code; $238,957,000; of
which up to $48,978,000 shall remain available until September
30, 2013, for materials and support costs of Federal law
enforcement basic training; of which $300,000 shall remain
available until expended to be distributed to Federal law
enforcement agencies for expenses incurred participating in
training accreditation; and of which not to exceed $10,200
shall be for official reception and representation expenses:
Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary
resources available at the end of the fiscal year: Provided
further, That section 1202(a) of Public Law 107-206 (42 U.S.C.
3771 note), as amended by Public Law 111-83 (123 Stat. 2166),
is further amended by striking ``December 31, 2012'' and
inserting [``December 31, 2014''] ``December 31, 2015''.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount in Committee Amount in
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees of amounts in the Budget Resolution
for 2013: Subcommittee on Homeland Security:
Mandatory............................................... 1,423 1,423 1,431 \1\1,431
Discretionary........................................... 39,514 45,249 45,320 \1\45,52
Security............................................ 1,564 1,818 NA NA
Nonsecurity......................................... 37,950 43,431 NA NA
Projection of outlays associated with the recommendation:
2013.................................................... ........... ........... ........... \2\26,588
2014.................................................... ........... ........... ........... 9,055
2015.................................................... ........... ........... ........... 5,769
2016.................................................... ........... ........... ........... 2,764
2017 and future years................................... ........... ........... ........... 2,238
Financial assistance to State and local governments for NA 5,515 NA 392
2013.......................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
Consistent with the funding recommended in the bill for disaster funding and overseas contingency operations and
in accordance with section 251(b)(2)(D) of the BBEDCA and section 106 of the Deficit Control Act of 2011, the
Committee anticipates that the Budget Committee will file a revised section 302(a) allocation for the
Committee on Appropriations reflecting an upward adjustment of $5,735,000,000 in budget authority plus
associated outlays.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2012 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2013
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2012 Budget estimate Committee ---------------------------------
appropriation recommendation 2012
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
Office of the Secretary and Executive Management:
Immediate Office of the Secretary.............................. 5,000 4,295 4,295 -705 ...............
Immediate Office of the Deputy Secretary....................... 1,918 2,387 2,100 +182 -287
Office of the Chief of Staff................................... 2,300 2,498 2,300 ............... -198
Office of Counternarcotics Enforcement......................... 1,800 ............... ............... -1,800 ...............
Executive Secretary............................................ 8,100 7,993 7,993 -107 ...............
Office of Policy............................................... 40,000 33,678 44,322 +4,322 +10,644
Office of Public Affairs....................................... 5,800 5,966 5,800 ............... -166
Office of Legislative Affairs.................................. 6,000 6,041 6,041 +41 ...............
Office of Intergovernmental Affairs............................ 2,650 2,648 2,500 -150 -148
Office of General Counsel...................................... 22,400 21,947 21,947 -453 ...............
Office for Civil Rights and Civil Liberties.................... 22,500 21,716 21,716 -784 ...............
Citizenship and Immigration Services Ombudsman................. 6,200 5,950 5,950 -250 ...............
Privacy Officer................................................ 8,491 8,387 8,387 -104 ...............
Office of International Affairs................................ ............... 8,001 ............... ............... -8,001
Office of State and Local Law Enforcement...................... ............... 892 ............... ............... -892
Private Sector Office.......................................... ............... 1,751 ............... ............... -1,751
------------------------------------------------------------------------------------
Subtotal..................................................... 133,159 134,150 133,351 +192 -799
Office of the Under Secretary for Management:
Immediate Office of the Under Secretary for Management......... 2,550 3,112 3,112 +562 ...............
Office of Security............................................. 70,000 69,258 69,258 -742 ...............
Office of the Chief Procurement Officer........................ 78,000 73,176 73,176 -4,824 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 150,550 145,546 145,546 -5,004 ...............
Office of the Chief Human Capital Officer:
Salaries and expenses...................................... 25,165 25,971 24,971 -194 -1,000
Human resources information technology..................... 14,172 9,689 9,689 -4,483 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 39,337 35,660 34,660 -4,677 -1,000
Office of the Chief Administrative Officer:
Salaries and expenses...................................... 40,700 35,117 34,616 -6,084 -501
Nebraska Avenue Complex [NAC].............................. 5,000 5,448 5,448 +448 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 45,700 40,565 40,064 -5,636 -501
------------------------------------------------------------------------------------
Subtotal, Office of the Under Secretary for Management... 235,587 221,771 220,270 -15,317 -1,501
DHS Consolidated Headquarters Project.............................. ............... 89,000 ............... ............... -89,000
Office of the Chief Financial Officer.............................. 50,860 55,414 53,714 +2,854 -1,700
Office of the Chief Information Officer:
Salaries and expenses.......................................... 105,500 120,670 120,670 +15,170 ...............
Information technology services................................ 38,800 28,002 28,002 -10,798 ...............
Infrastructure and security activities......................... 69,000 121,839 57,042 -11,958 -64,797
Homeland Secure Data Network................................... 44,000 42,132 42,132 -1,868 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 257,300 312,643 247,846 -9,454 -64,797
Analysis and Operations............................................ 338,068 321,982 323,782 -14,286 +1,800
------------------------------------------------------------------------------------
Total, Departmental Operations............................... 1,014,974 1,134,960 978,963 -36,011 -155,997
====================================================================================
Office of Inspector General:
Operating expenses............................................. 117,000 143,664 122,664 +5,664 -21,000
(by transfer from Disaster Relief)............................. (24,000) ............... (24,000) ............... (+24,000)
------------------------------------------------------------------------------------
Total, Office of Inspector General........................... 141,000 143,664 146,664 +5,664 +3,000
====================================================================================
Total, title I, Departmental Management and Operations....... 1,131,974 1,278,624 1,101,627 -30,347 -176,997
(by transfer)................................................ (24,000) ............... (24,000) ............... (+24,000)
====================================================================================
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and Expenses:
Headquarters, Management, and Administration:
Management and administration, border security inspections 667,794 601,414 599,914 -67,880 -1,500
and trade facilitation....................................
Management and administration, border security and control 717,309 665,646 664,146 -53,163 -1,500
between ports of entry....................................
Rent....................................................... 483,749 614,871 614,871 +131,122 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 1,868,852 1,881,931 1,878,931 +10,079 -3,000
Border Security Inspections and Trade Facilitation:
Inspections, trade, and travel facilitation at ports of 2,484,235 2,480,674 2,499,674 +15,439 +19,000
entry.....................................................
Harbor maintenance fee collection (trust fund)............. 3,274 3,285 3,285 +11 ...............
International cargo screening.............................. 74,557 71,534 71,534 -3,023 ...............
Other international programs............................... 10,684 27,084 24,866 +14,182 -2,218
Customs-Trade Partnership Against Terrorism [C-TPAT]....... 44,979 40,082 40,082 -4,897 ...............
Trusted Traveler programs.................................. 6,311 6,311 6,311 ............... ...............
Inspection and detection technology investments............ 148,537 117,575 117,575 -30,962 ...............
Automated targeting systems................................ 41,400 113,826 113,826 +72,426 ...............
National Targeting Center.................................. 51,950 65,127 65,127 +13,177 ...............
Training................................................... 37,834 34,860 34,860 -2,974 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 2,903,761 2,960,358 2,977,140 +73,379 +16,782
Border Security and Control Between Ports of Entry:
Border security and control................................ 3,530,994 3,551,840 3,551,840 +20,846 ...............
Training................................................... 88,610 74,110 74,110 -14,500 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 3,619,604 3,625,950 3,625,950 +6,346 ...............
Air and Marine Operations...................................... 287,901 280,819 287,849 -52 +7,030
US-VISIT....................................................... ............... 261,523 ............... ............... -261,523
------------------------------------------------------------------------------------
Subtotal, Salaries and expenses.............................. 8,680,118 9,010,581 8,769,870 +89,752 -240,711
Appropriations........................................... (8,676,844) (9,007,296) (8,766,585) (+89,741) (-240,711)
Harbor maintenance trust fund............................ (3,274) (3,285) (3,285) (+11) ...............
Automation Modernization:
Automated Commercial Environment/International Trade Data 140,000 140,794 140,794 +794 ...............
System [ITDS].................................................
Current operations protection and processing support [COPPS]... 194,275 186,732 186,732 -7,543 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 334,275 327,526 327,526 -6,749 ...............
Border Security Fencing, Infrastructure, and Technology [BSFIT]:
Development and deployment..................................... 212,377 188,816 188,816 -23,561 ...............
Operations and maintenance..................................... 133,248 138,283 138,283 +5,035 ...............
Program management............................................. 54,375 ............... ............... -54,375 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 400,000 327,099 327,099 -72,901 ...............
Air and Marine Interdiction, Operations, Maintenance, and
Procurement:
Operations and maintenance..................................... 365,087 368,799 387,799 +22,712 +19,000
Procurement.................................................... 138,879 66,970 118,967 -19,912 +51,997
------------------------------------------------------------------------------------
Subtotal..................................................... 503,966 435,769 506,766 +2,800 +70,997
Construction and Facilities Management:
Facility construction and sustainment.......................... 182,500 186,214 186,214 +3,714 ...............
Program oversight and management............................... 54,096 57,452 57,452 +3,356 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 236,596 243,666 243,666 +7,070 ...............
US-VISIT........................................................... ............... ............... 279,133 +279,133 +279,133
(Transfer out to ICE).......................................... ............... ............... (-18,000) (-18,000) (-18,000)
------------------------------------------------------------------------------------
Total, U.S. Customs and Border Protection direct 10,154,955 10,344,641 10,454,060 +299,105 +109,419
appropriations..............................................
====================================================================================
Fee Accounts:
Immigration inspection user fee................................ (527,629) (568,790) (568,790) (+41,161) ...............
Immigration enforcement fines.................................. (1,041) (1,093) (1,093) (+52) ...............
ESTA........................................................... (44,524) (46,318) (46,318) (+1,794) ...............
Land border inspection fee..................................... (28,909) (35,935) (35,935) (+7,026) ...............
COBRA passenger inspection fee................................. (411,937) (419,352) (419,352) (+7,415) ...............
APHIS inspection fee........................................... (323,000) (329,000) (329,000) (+6,000) ...............
Global Entry user fee.......................................... (2,615) (13,743) (13,743) (+11,128) ...............
Puerto Rico collections........................................ (91,779) (96,367) (96,367) (+4,588) ...............
Small airport user fee......................................... (8,167) (8,318) (8,318) (+151) ...............
------------------------------------------------------------------------------------
Subtotal, fee accounts....................................... (1,439,601) (1,518,916) (1,518,916) (+79,315) ...............
------------------------------------------------------------------------------------
Total Program Level, U.S. Customs and Border Protection...... (11,594,556) (11,863,557) (11,972,976) (+378,420) (+109,419)
Appropriations........................................... (10,154,955) (10,344,641) (10,454,060) (+299,105) (+109,419)
Fee accounts............................................. (1,439,601) (1,518,916) (1,518,916) (+79,315) ...............
====================================================================================
U.S. Immigration and Customs Enforcement
Salaries and Expenses:
Headquarters, Management, and Administration:
Personnel compensation and benefits, services, and other 233,251 220,122 213,959 -19,292 -6,163
costs.....................................................
Headquarters-managed IT investment......................... 184,227 157,188 157,188 -27,039 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 417,478 377,310 371,147 -46,331 -6,163
Legal Proceedings.............................................. 215,935 207,580 207,580 -8,355 ...............
Investigations:
Domestic investigations.................................... 1,725,234 1,672,526 1,654,916 -70,318 -17,610
(By transfer).......................................... ............... ............... (18,000) (+18,000) (+18,000)
International Investigations:
International operations............................... 114,928 110,370 115,370 +442 +5,000
Visa Security Program.................................. 33,889 32,616 32,616 -1,273 ...............
------------------------------------------------------------------------------------
Subtotal............................................. 148,817 142,986 147,986 -831 +5,000
------------------------------------------------------------------------------------
Subtotal, Investigations............................. 1,874,051 1,815,512 1,802,902 -71,149 -12,610
Intelligence................................................... 81,503 78,748 78,748 -2,755 ...............
Detention and Removal Operations:
Custody operations......................................... 2,050,545 1,959,363 1,986,081 -64,464 +26,718
Fugitive operations........................................ 154,597 132,925 132,925 -21,672 ...............
Criminal alien program..................................... 196,696 216,724 216,724 +20,028 ...............
Alternatives to detention.................................. 72,373 111,590 96,687 +24,314 -14,903
(Transfer out to DOJ).................................. ............... (-5,000) (-5,000) (-5,000) ...............
Transportation and removal program......................... 276,632 258,227 263,227 -13,405 +5,000
------------------------------------------------------------------------------------
Subtotal................................................. 2,750,843 2,678,829 2,695,644 -55,199 +16,815
Secure Communities............................................. 189,064 138,713 138,713 -50,351 ...............
------------------------------------------------------------------------------------
Subtotal, Salaries and expenses.............................. 5,528,874 5,296,692 5,294,734 -234,140 -1,958
Automation Modernization........................................... 21,710 30,500 30,500 +8,790 ...............
Construction....................................................... ............... 5,000 5,000 +5,000 ...............
------------------------------------------------------------------------------------
Total, U.S. Immigration and Customs Enforcement direct 5,550,584 5,332,192 5,330,234 -220,350 -1,958
appropriations..............................................
====================================================================================
Fee Accounts:
Immigration inspection user fee................................ (116,869) (116,869) (116,869) ............... ...............
Breached bond/detention fund................................... (75,000) (75,000) (75,000) ............... ...............
Student exchange and visitor fee............................... (120,000) (120,000) (120,000) ............... ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 311,869 311,869 311,869 ............... ...............
------------------------------------------------------------------------------------
Total Program Level, Immigration and Customs Enforcement..... (5,862,453) (5,644,061) (5,655,103) (-207,350) (+11,042)
Appropriations........................................... (5,550,584) (5,332,192) (5,330,234) (-220,350) (-1,958)
Fee accounts............................................. (311,869) (311,869) (311,869) ............... ...............
(By Transfer).................................................. ............... ............... (18,000) (+18,000) (+18,000)
(Transfer out)................................................. ............... (-5,000) (-5,000) (-5,000) ...............
====================================================================================
Transportation Security Administration
Aviation Security:
Screening Operations:
Screener workforce:
Privatized screening................................... 144,193 143,190 143,190 -1,003 ...............
Screener personnel, compensation, and benefits......... 3,025,771 3,107,649 3,100,000 +74,229 -7,649
------------------------------------------------------------------------------------
Subtotal............................................. 3,169,964 3,250,839 3,243,190 +73,226 -7,649
Screener training and other................................ 249,796 225,012 225,012 -24,784 ...............
Checkpoint support......................................... 204,768 120,239 115,239 -89,529 -5,000
EDS/ETD Systems:
EDS procurement and installation....................... 222,738 117,349 107,349 -115,389 -10,000
Screening technology maintenance, utilities............ 320,365 309,000 309,000 -11,365 ...............
------------------------------------------------------------------------------------
Subtotal............................................. 543,103 426,349 416,349 -126,754 -10,000
------------------------------------------------------------------------------------
Subtotal, Screening operations....................... 4,167,631 4,022,439 3,999,790 -167,841 -22,649
Aviation Security Direction and Enforcement:
Aviation regulation and other enforcement.................. 369,984 371,989 371,989 +2,005 ...............
Airport management and support............................. 570,226 569,615 569,615 -611 ...............
FFDO and flight crew training.............................. 25,461 12,500 24,000 -1,461 +11,500
Air cargo.................................................. 120,654 122,096 122,096 +1,442 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 1,086,325 1,076,200 1,087,700 +1,375 +11,500
Aviation Security Capital Fund (mandatory)..................... (250,000) (250,000) (250,000) ............... ...............
------------------------------------------------------------------------------------
Total, Aviation security (gross)............................. 5,253,956 5,098,639 5,087,490 -166,466 -11,149
====================================================================================
Aviation security fees (offsetting collections).................... -2,030,000 -2,070,000 -2,070,000 -40,000 ...............
Additional offsetting collections (leg. proposal).................. ............... -115,000 -315,000 -315,000 -200,000
------------------------------------------------------------------------------------
Total, Aviation security (net, discretionary)................ 3,223,956 2,913,639 2,702,490 -521,466 -211,149
====================================================================================
Surface Transportation Security:
Staffing and operations........................................ 38,514 36,711 36,711 -1,803 ...............
Surface transportation security inspectors and canines......... 96,234 87,565 87,565 -8,669 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 134,748 124,276 124,276 -10,472 ...............
Transportation Threat Assessment and Credentialing:
Secure Flight.................................................. 92,414 107,074 107,074 +14,660 ...............
Crew and other vetting programs................................ 71,540 85,557 85,557 +14,017 ...............
TWIC fees...................................................... (8,300) (47,300) (47,300) (+39,000) ...............
Hazardous materials fees....................................... (12,000) (12,000) (12,000) ............... ...............
Alien Flight School fees (by transfer from DOJ)................ (4,000) (5,000) (5,000) (+1,000) ...............
Certified cargo screening program.............................. (5,200) (7,200) (7,200) (+2,000) ...............
Large aircraft security program................................ (1,200) ............... ............... (-1,200) ...............
Secure identification display area checks...................... (8,000) (8,000) (8,000) ............... ...............
Other security threat assessments.............................. (100) (120) (120) (+20) ...............
General aviation at DCA........................................ (100) (100) (100) ............... ...............
Indirect air cargo............................................. (1,400) ............... ............... (-1,400) ...............
Sensitive security information [SSI] fees...................... (20) ............... ............... (-20) ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 204,274 272,351 272,351 +68,077 ...............
Direct appropriations.................................... (163,954) (192,631) (192,631) (+28,677) ...............
Fee funded programs...................................... (40,320) (79,720) (79,720) (+39,400) ...............
Transportation Security Support:
Headquarters administration.................................... 292,334 281,554 281,554 -10,780 ...............
Information technology......................................... 447,200 417,196 417,196 -30,004 ...............
Human capital services......................................... 249,400 225,829 225,829 -23,571 ...............
Intelligence................................................... 42,992 45,130 45,130 +2,138 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 1,031,926 969,709 969,709 -62,217 ...............
Federal Air Marshals:
Management and administration.................................. 842,500 815,639 815,639 -26,861 ...............
Travel and training............................................ 123,615 113,971 113,971 -9,644 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 966,115 929,610 929,610 -36,505 ...............
------------------------------------------------------------------------------------
Total, Transportation Security Administration................ 7,841,019 7,644,585 7,633,436 -207,583 -11,149
====================================================================================
Offsetting collections............................................. (-2,030,000) (-2,185,000) (-2,385,000) (-355,000) (-200,000)
Aviation Security Capital Fund (mandatory)......................... (250,000) (250,000) (250,000) ............... ...............
Fee funded programs................................................ (40,320) (79,720) (79,720) (+39,400) ...............
------------------------------------------------------------------------------------
Total, Transportation Security Administration (net).......... 5,520,699 5,129,865 4,918,716 -601,983 -211,149
====================================================================================
Coast Guard
Operating Expenses:
Military pay and allowances.................................... 3,413,061 3,415,595 3,429,023 +15,962 +13,428
Civilian pay and benefits...................................... 784,256 790,130 790,389 +6,133 +259
Training and recruiting........................................ 213,321 212,761 214,115 +794 +1,354
Operating funds and unit level maintenance..................... 1,109,623 1,092,419 1,098,257 -11,366 +5,838
Centrally managed accounts..................................... 336,653 350,178 351,011 +14,358 +833
Intermediate and depot level maintenance....................... 936,140 930,095 936,684 +544 +6,589
Overseas contingency operations/Global war on terrorism........ 258,000 ............... 254,000 -4,000 +254,000
------------------------------------------------------------------------------------
Subtotal..................................................... 7,051,054 6,791,178 7,073,479 +22,425 +282,301
(Defense)................................................ (598,000) (339,000) (535,000) (-63,000) (+196,000)
(Nondefense)............................................. (6,453,054) (6,452,178) (6,538,479) (+85,425) (+86,301)
Environmental Compliance and Restoration........................... 13,500 13,162 13,162 -338 ...............
Reserve Training................................................... 134,278 132,554 132,554 -1,724 ...............
Acquisition, Construction, and Improvements:
Vessels:
Survey and design-vessels and boats........................ 6,000 2,500 2,500 -3,500 ...............
Response boat-medium....................................... 110,000 ............... 8,000 -102,000 +8,000
In-service cutter sustainment.............................. 14,000 ............... ............... -14,000 ...............
National security cutter................................... 77,000 683,000 722,300 +645,300 +39,300
Offshore patrol cutter..................................... 25,000 30,000 30,000 +5,000 ...............
Fast response cutter....................................... 358,000 139,000 335,000 -23,000 +196,000
Cutter small boats......................................... 5,000 4,000 4,000 -1,000 ...............
Medium-endurance cutter sustainment........................ 47,000 13,000 13,000 -34,000 ...............
Polar Ice Breaking Vessel.................................. ............... 8,000 8,000 +8,000 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 642,000 879,500 1,122,800 +480,800 +243,300
Aircraft:
Airframe replacement (CGNR 6017)........................... 18,300 ............... ............... -18,300 ...............
Maritime patrol aircraft................................... 129,500 43,000 43,000 -86,500 ...............
HH-60 conversion projects.................................. 56,100 ............... ............... -56,100 ...............
Long-range surveillance aircraft........................... 62,000 ............... ............... -62,000 ...............
(DoD transfer for C-130J) (Public Law 112-74).......... (63,500) ............... ............... (-63,500) ...............
HH-65 conversion/sustainment projects...................... 24,000 31,500 31,500 +7,500 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 289,900 74,500 74,500 -215,400 ...............
Other Acquisition Programs:
Program oversight and management........................... 26,000 25,000 25,000 -1,000 ...............
Systems engineering and integration........................ 17,140 2,500 2,500 -14,640 ...............
C4ISR...................................................... 38,500 40,500 40,500 +2,000 ...............
CG-Logistics Information Management System................. 6,500 2,500 2,500 -4,000 ...............
Nationwide automatic identification system................. 5,000 6,000 6,000 +1,000 ...............
Rescue 21.................................................. 65,000 ............... ............... -65,000 ...............
Interagency operations centers............................. 3,000 ............... ............... -3,000 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 161,140 76,500 76,500 -84,640 ...............
Shore Facilities and Aids to Navigation:
Major Shore; ATON; and Survey and design................... 92,900 15,000 15,000 -77,900 ...............
Major acquisition systems infrastructure................... 81,500 49,411 49,411 -32,089 ...............
Minor shore................................................ 6,292 5,000 5,000 -1,292 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 180,692 69,411 69,411 -111,281 ...............
Military Housing............................................... 20,000 ............... 10,000 -10,000 +10,000
Personnel and Related Support:
Direct personnel costs..................................... 109,592 116,798 116,798 +7,206 ...............
Core acquisition costs..................................... 600 600 600 ............... ...............
------------------------------------------------------------------------------------
Subtotal................................................. 110,192 117,398 117,398 +7,206 ...............
Rescission of funds from (Public Law 111-83)................... ............... -25,000 ............... ............... +25,000
------------------------------------------------------------------------------------
Subtotal, Acquisition, construction, and improvements........ 1,403,924 1,192,309 1,470,609 +66,685 +278,300
(By Transfer).............................................. (63,500) ............... ............... (-63,500) ...............
Research, Development, Test, and Evaluation........................ 27,779 19,728 19,728 -8,051 ...............
Healthcare fund contribution (permanent indefinite discretionary).. 261,871 203,000 203,000 -58,871 ...............
Retired Pay (mandatory)............................................ 1,440,157 1,423,000 1,423,000 -17,157 ...............
------------------------------------------------------------------------------------
Total, Coast Guard........................................... 10,332,563 9,774,931 10,335,532 +2,969 +560,601
Appropriations........................................... (10,074,563) (9,799,931) (10,081,532) (+6,969) (+281,601)
Rescissions.............................................. ............... (-25,000) ............... ............... (+25,000)
By transfer.............................................. (63,500) ............... ............... (-63,500) ...............
Overseas contingency operations/Global war on terrorism.. (258,000) ............... (254,000) (-4,000) (+254,000)
====================================================================================
United States Secret Service
Salaries and Expenses:
Protection:
Protection of persons and facilities....................... 832,463 837,646 857,501 +25,038 +19,855
Protective intelligence activities......................... 68,125 68,373 68,373 +248 ...............
National special security events........................... 19,307 4,500 4,500 -14,807 ...............
Presidential candidate nominee protection.................. 113,462 57,960 57,960 -55,502 ...............
White House mail screening................................. 18,472 19,855 ............... -18,472 -19,855
------------------------------------------------------------------------------------
Subtotal................................................. 1,051,829 988,334 988,334 -63,495 ...............
Investigations:
Domestic field operations.................................. 223,991 238,553 297,508 +73,517 +58,955
International field office administration, operations, and 32,971 31,016 31,016 -1,955 ...............
training..................................................
Electronic crimes special agent program and electronic 53,051 54,655 ............... -53,051 -54,655
crimes task forces........................................
Support for missing and exploited children................. 8,366 ............... 7,500 -866 +7,500
------------------------------------------------------------------------------------
Subtotal................................................. 318,379 324,224 336,024 +17,645 +11,800
Headquarters, Management, and Administration................... 191,588 174,669 174,669 -16,919 ...............
Rowley Training Center......................................... 55,598 55,749 55,749 +151 ...............
Information Integration and Technology Transformation.......... 43,843 1,137 1,137 -42,706 ...............
------------------------------------------------------------------------------------
Subtotal, Salaries and expenses.............................. 1,661,237 1,544,113 1,555,913 -105,324 +11,800
Acquisition, Construction, Improvements, and Related Expenses...... 5,380 56,750 ............... -5,380 -56,750
Facilities..................................................... ............... ............... 4,430 +4,430 +4,430
Information Integration and Technology Transformation.......... ............... ............... 52,320 +52,320 +52,320
------------------------------------------------------------------------------------
Subtotal, Acquisition, Construction, Improvements, and 5,380 56,750 56,750 +51,370 ...............
Related Expenses............................................
------------------------------------------------------------------------------------
Total, United States Secret Service.......................... 1,666,617 1,600,863 1,612,663 -53,954 +11,800
====================================================================================
Total, title II, Security, Enforcement, and Investigations... 33,225,418 32,182,492 32,651,205 -574,213 +468,713
Appropriations....................................... (32,967,418) (32,207,492) (32,397,205) (-570,213) (+189,713)
Rescissions.......................................... ............... (-25,000) ............... ............... (+25,000)
Overseas contingency operations/Global war on (258,000) ............... (254,000) (-4,000) (+254,000)
terrorism...........................................
(Fee Accounts)........................................... (1,791,790) (1,910,505) (1,910,505) (+118,715) ...............
(By transfer)............................................ (63,500) ............... (18,000) (-45,500) (+18,000)
(Transfer out)........................................... ............... (-5,000) (-23,000) (-23,000) (-18,000)
====================================================================================
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Management and Administration:
Administrative activities...................................... 46,454 50,321 50,321 +3,867 ...............
Risk management and analysis................................... 4,241 ............... ............... -4,241 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 50,695 50,321 50,321 -374 ...............
Infrastructure Protection and Information Security:
Infrastructure Protection (defense):
Infrastructure analysis and planning....................... 70,518 56,909 59,692 -10,826 +2,783
Sector management and governance........................... 74,219 67,132 67,132 -7,087 ...............
Regional field operations.................................. 57,367 56,497 56,497 -870 ...............
Infrastructure security compliance......................... 93,348 74,544 86,471 -6,877 +11,927
------------------------------------------------------------------------------------
Subtotal, Infrastructure protection...................... 295,452 255,082 269,792 -25,660 +14,710
Cybersecurity and Communications:
Cybersecurity (defense):
Cybersecurity coordination................................. 4,500 3,995 3,995 -505 ...............
US Computer Response Team [US-CERT] Operations............. 79,116 93,002 93,002 +13,886 ...............
Federal Network Security................................... 35,000 236,014 217,606 +182,606 -18,408
Network Security Deployment................................ 229,000 345,046 345,046 +116,046 ...............
Global Cybersecurity Management............................ 23,992 21,957 25,965 +1,973 +4,008
Critical Infrastructure Cyber Protection and Awareness..... 60,000 62,763 63,763 +3,763 +1,000
Business Operations........................................ 11,568 6,227 6,227 -5,341 ...............
------------------------------------------------------------------------------------
Subtotal, Cybersecurity.................................. 443,176 769,004 755,604 +312,428 -13,400
Communications (defense):
Office of Emergency Communications......................... 43,495 38,689 41,726 -1,769 +3,037
Priority telecommunications services....................... 56,074 53,286 53,286 -2,788 ...............
Next generation networks................................... 25,253 20,000 25,253 ............... +5,253
Programs to study and enhance telecommunications........... 13,441 19,594 12,944 -497 -6,650
Critical infrastructure protection programs................ 11,352 10,978 10,978 -374 ...............
------------------------------------------------------------------------------------
Subtotal, Communications................................. 149,615 142,547 144,187 -5,428 +1,640
------------------------------------------------------------------------------------
Subtotal, Cybersecurity and communications............... 592,791 911,551 899,791 +307,000 -11,760
------------------------------------------------------------------------------------
Subtotal, Infrastructure Protection and Information 888,243 1,166,633 1,169,583 +281,340 +2,950
Security (defense)......................................
Federal Protective Service:
Basic security................................................. 247,478 271,540 271,540 +24,062 ...............
Building-specific security..................................... 501,039 509,056 509,056 +8,017 ...............
Reimbursable Security Fees (contract guard services)........... 513,020 521,228 521,228 +8,208 ...............
------------------------------------------------------------------------------------
Subtotal, Federal Protective Service......................... 1,261,537 1,301,824 1,301,824 +40,287 ...............
Offsetting collections....................................... -1,261,537 -1,301,824 -1,301,824 -40,287 ...............
U.S. Visitor and Immigrant Status Indicator Technology............. 306,802 ............... ............... -306,802 ...............
------------------------------------------------------------------------------------
Total, National Protection and Programs Directorate.......... 1,245,740 1,216,954 1,219,904 -25,836 +2,950
Appropriations........................................... (2,507,277) (2,518,778) (2,521,728) (+14,451) (+2,950)
Offsetting collections................................... (-1,261,537) (-1,301,824) (-1,301,824) (-40,287) ...............
====================================================================================
Office of Health Affairs
BioWatch........................................................... 114,164 125,294 125,294 +11,130 ...............
National Biosurveillance Integration Center........................ 12,013 8,000 8,000 -4,013 ...............
Chemical Defense Program........................................... 5,439 500 2,000 -3,439 +1,500
Planning and Coordination.......................................... 6,162 4,907 5,249 -913 +342
Salaries and Expenses.............................................. 29,671 27,757 27,757 -1,914 ...............
------------------------------------------------------------------------------------
Total, Office of Health Affairs.............................. 167,449 166,458 168,300 +851 +1,842
====================================================================================
Federal Emergency Management Agency
Salaries and Expenses:
Administrative and regional offices............................ 110,495 214,603 257,884 +147,389 +43,281
Office of National Capital Region Coordination............. (5,493) ............... (5,099) (-394) (+5,099)
Preparedness and protection.................................... 109,873 73,153 179,095 +69,222 +105,942
Response....................................................... 226,228 171,897 179,681 -46,547 +7,784
Urban search and rescue response system.................... (41,250) (27,513) (35,180) (-6,070) (+7,667)
Recovery....................................................... 78,373 55,423 55,423 -22,950 ...............
Mitigation..................................................... 43,675 27,110 29,837 -13,838 +2,727
Mission support................................................ 219,433 152,806 167,895 -51,538 +15,089
Centrally managed accounts..................................... 107,273 94,180 109,587 +2,314 +15,407
------------------------------------------------------------------------------------
Subtotal, Salaries and expenses.............................. 895,350 789,172 979,402 +84,052 +190,230
(Defense)................................................ (99,099) (58,000) (58,000) (-41,099) ...............
(Nondefense)............................................. (796,251) (731,172) (921,402) (+125,151) (+190,230)
(by transfer from State and Local Programs)........................ (91,778) (279,304) ............... (-91,778) (-279,304)
(available from Firefighter Assistance Grants)..................... (33,750) ............... ............... (-33,750) ...............
(available from Emergency Management Performance Grants)........... (10,500) ............... ............... (-10,500) ...............
------------------------------------------------------------------------------------
Program level, Salaries and Expenses......................... (1,031,378) (1,068,476) (979,402) (-51,976) (-89,074)
Grants and Training:
State and Local Programs:
State and local programs (grants).......................... 1,118,000 ............... ............... -1,118,000 ...............
State Homeland Security Grant Program...................... ............... ............... 470,000 +470,000 +470,000
Operation Stonegarden.................................. (50,000) ............... (55,000) (+5,000) (+55,000)
Urban Area Security Initiative............................. ............... ............... 676,908 +676,908 +676,908
Nonprofit security grants.............................. ............... ............... (13,000) (+13,000) (+13,000)
Public transportation security assistance, railroad ............... ............... 132,000 +132,000 +132,000
security assistance.......................................
Amtrak security........................................ ............... ............... (13,000) (+13,000) (+13,000)
Port security grants....................................... ............... ............... 132,000 +132,000 +132,000
------------------------------------------------------------------------------------
Subtotal, State and local program (grants)............... 1,118,000 ............... 1,410,908 +292,908 +1,410,908
Education, Training, and Exercises:
Emergency Management Institute......................... 16,181 ............... 17,805 +1,624 +17,805
Center for Domestic Preparedness....................... 62,500 ............... 64,991 +2,491 +64,991
National Domestic Preparedness Consortium.............. 93,000 ............... 93,000 ............... +93,000
Continuing training.................................... 26,000 ............... 26,000 ............... +26,000
National Exercise Program.............................. 34,000 ............... 32,378 -1,622 +32,378
------------------------------------------------------------------------------------
Subtotal, Education, training and exercises.......... 231,681 ............... 234,174 +2,493 +234,174
National Preparedness Grant Program............................ ............... 1,540,908 ............... ............... -1,540,908
First Responder Assistance Program:
Emergency Management Performance Grants.................... ............... 350,000 ............... ............... -350,000
Fire Grants................................................ ............... 335,000 ............... ............... -335,000
Staffing for Adequate Fire and Emergency Response [SAFER] ............... 335,000 ............... ............... -335,000
Act Grants................................................
Training Partnership Grants.................................... ............... 60,000 ............... ............... -60,000
------------------------------------------------------------------------------------
Subtotal, First Responder Assistance Program................. ............... 1,080,000 ............... ............... -1,080,000
Management and Administration.................................. ............... 279,304 ............... ............... -279,304
------------------------------------------------------------------------------------
Subtotal, State and Local Programs........................... 1,349,681 2,900,212 1,645,082 +295,401 -1,255,130
(Defense)................................................ (50,000) ............... (55,000) (+5,000) (+55,000)
(Nondefense)............................................. (1,299,681) (2,900,212) (1,590,082) (+290,401) (-1,310,130)
(Transfer out to Salaries and Expenses)........................ (-91,778) (-279,304) ............... (+91,778) (+279,304)
------------------------------------------------------------------------------------
Program level, State and Local Programs.................... (1,257,903) (2,620,908) (1,645,082) (+387,179) (-975,826)
Firefighter Assistance Grants:
Fire grants................................................ 337,500 ............... 337,500 ............... +337,500
Staffing for Adequate Fire and Emergency Response [SAFER] 337,500 ............... 337,500 ............... +337,500
Act grants................................................
------------------------------------------------------------------------------------
Subtotal................................................. 675,000 ............... 675,000 ............... +675,000
(Available to Salaries and Expenses)........................... (-33,750) ............... ............... (+33,750) ...............
------------------------------------------------------------------------------------
Program level, Firefighter Assistance Grants............... (641,250) ............... (675,000) (+33,750) (+675,000)
Emergency Management Performance Grants........................ 350,000 ............... 350,000 ............... +350,000
(Available to Salaries and Expenses)........................... (-10,500) ............... ............... (+10,500) ...............
------------------------------------------------------------------------------------
Program level, Emergency Management Performance Grants..... (339,500) ............... (350,000) (+10,500) (+350,000)
------------------------------------------------------------------------------------
Subtotal, Grants and Training............................ 2,374,681 2,900,212 2,670,082 +295,401 -230,130
------------------------------------------------------------------------------------
(Transfer out to salaries and expenses)................ (-136,028) (-279,304) ............... (+136,028) (+279,304)
------------------------------------------------------------------------------------
Program level, Grants and Training..................... (2,238,653) (2,620,908) (2,670,082) (+431,429) (+49,174)
Radiological Emergency Preparedness Program........................ -896 -1,443 -1,443 -547 ...............
United States Fire Administration.................................. 44,038 42,520 44,020 -18 +1,500
Disaster Relief Fund............................................... 700,000 607,926 607,926 -92,074 ...............
(Disaster relief category)..................................... 6,400,000 5,481,000 5,481,000 -919,000 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 7,100,000 6,088,926 6,088,926 -1,011,074 ...............
(Transfer out to Inspector General)............................ (-24,000) ............... (-24,000) ............... (-24,000)
------------------------------------------------------------------------------------
Program level, Disaster Relief Fund........................ (7,076,000) (6,088,926) (6,064,926) (-1,011,074) (-24,000)
Disaster Assistance Direct Loan Program Account:
(Limitation on direct loans)................................... (25,000) (25,000) ............... (-25,000) (-25,000)
Direct loan subsidy............................................ 295 ............... ............... -295 ...............
Flood Hazard Mapping and Risk Analysis Program..................... 97,712 89,329 97,329 -383 +8,000
National Flood Insurance Fund:
Salaries and expenses.......................................... 22,000 22,000 22,000 ............... ...............
Flood plain management and mapping............................. 149,000 149,000 149,000 ............... ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 171,000 171,000 171,000 ............... ...............
Offsetting fee collections..................................... -171,000 -171,000 -171,000 ............... ...............
National Predisaster Mitigation Fund............................... 35,500 ............... 35,000 -500 +35,000
Emergency Food and Shelter......................................... 120,000 100,000 150,000 +30,000 +50,000
------------------------------------------------------------------------------------
Total, Federal Emergency Management Agency................... 10,666,680 10,008,716 10,063,316 -603,364 +54,600
(Appropriations)......................................... (4,266,680) (4,527,716) (4,582,316) (+315,636) (+54,600)
(Disaster relief category)............................... (6,400,000) (5,481,000) (5,481,000) (-919,000) ...............
(By transfer).................................................. (91,778) (279,304) ............... (-91,778) (-279,304)
(Transfer out)................................................. (-115,778) (-279,304) (-24,000) (+91,778) (+255,304)
(Limitation on direct loans)................................... (25,000) (25,000) ............... (-25,000) (-25,000)
====================================================================================
Total, title III, Protection, Preparedness, Response and 12,079,869 11,392,128 11,451,520 -628,349 +59,392
Recovery Directorate........................................
Appropriations........................................... (5,679,869) (5,911,128) (5,970,520) (+290,651) (+59,392)
Disaster relief category................................. (6,400,000) (5,481,000) (5,481,000) (-919,000) ...............
(By transfer).................................................. (91,778) (279,304) ............... (-91,778) (-279,304)
(Transfer out)................................................. (-115,778) (-279,304) (-24,000) (+91,778) (+255,304)
(Limitation on direct loans)................................... (25,000) (25,000) ............... (-25,000) (-25,000)
====================================================================================
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations:
Systematic Alien Verification for Entitlements [SAVE].......... ............... 20,048 ............... ............... -20,048
E-Verify program............................................... 102,424 111,924 111,924 +9,500 ...............
Immigrant integration programs................................. ............... 11,002 5,000 +5,000 -6,002
------------------------------------------------------------------------------------
Subtotal..................................................... 102,424 142,974 116,924 +14,500 -26,050
Fee Accounts:
Adjudication Services:
District operations........................................ (1,315,570) (1,283,771) (1,283,771) (-31,799) ...............
(Immigrant Integration Grants)......................... (4,960) ............... (5,000) (+40) (+5,000)
Service center operations.................................. (532,414) (507,479) (507,479) (-24,935) ...............
Asylum, refugee and international operations............... (196,877) (196,274) (196,274) (-603) ...............
Records operations......................................... (86,631) (86,774) (86,774) (+143) ...............
Business transformation.................................... (344,055) (269,216) (269,216) (-74,839) ...............
(Digitization program)................................. (29,000) ............... ............... (-29,000) ...............
------------------------------------------------------------------------------------
Subtotal............................................. 2,475,547 2,343,514 2,343,514 -132,033 ...............
Information and Customer Services:
Operating expenses......................................... (88,891) (89,011) (89,011) (+120) ...............
Administration:
Operating expenses......................................... (381,666) (382,334) (382,334) (+668) ...............
Systematic Alien Verification for Entitlements [SAVE].......... (29,937) ............... (20,048) (-9,889) (+20,048)
------------------------------------------------------------------------------------
Subtotal, Fee accounts....................................... 2,976,041 2,814,859 2,834,907 -141,134 +20,048
H1-B Visa Fee Account:
Adjudication Services:
Service center operations.................................. ............... (12,550) (12,550) (+12,550) ...............
H1-B and L Fraud Prevention Fee Account:
Adjudication Services:
District operations........................................ ............... (35,000) (35,000) (+35,000) ...............
------------------------------------------------------------------------------------
Total, Fee accounts...................................... 2,976,041 2,862,409 2,882,457 -93,584 +20,048
------------------------------------------------------------------------------------
Total Program Level, United States Citizenship and (3,078,465) (3,005,383) (2,999,381) (-79,084) (-6,002)
Immigration Services....................................
Appropriations..................................... (102,424) (142,974) (116,924) (+14,500) (-26,050)
Fee accounts....................................... (2,976,041) (2,862,409) (2,882,457) (-93,584) (+20,048)
====================================================================================
(Immigration Examination Fee Account).............................. (2,923,845) (2,814,859) (2,834,907) (-88,938) (+20,048)
(H1-B Visa Fee Account)............................................ (13,000) (12,550) (12,550) (-450) ...............
(H1-B and L Fraud Prevention Fee Account).......................... (39,196) (35,000) (35,000) (-4,196) ...............
====================================================================================
Federal Law Enforcement Training Center
Salaries and Expenses:
Law enforcement training....................................... 207,937 198,375 198,375 -9,562 ...............
Management and administration.................................. 29,716 29,261 29,261 -455 ...............
Accreditation.................................................. 1,304 1,303 1,303 -1 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 238,957 228,939 228,939 -10,018 ...............
Acquisitions, Construction, Improvements, and Related Expenses: 32,456 29,385 29,385 -3,071 ...............
direct appropriation..............................................
------------------------------------------------------------------------------------
Total, Federal Law Enforcement Training Center............... 271,413 258,324 258,324 -13,089 ...............
====================================================================================
Science and Technology
Management and Administration...................................... 135,000 138,008 138,008 +3,008 ...............
Research, Development, Acquisition, and Operations:
Research, development, and innovation.......................... 265,783 478,048 ............... -265,783 -478,048
Apex R&D................................................... ............... ............... 15,000 +15,000 +15,000
Border Security............................................ ............... ............... 31,652 +31,652 +31,652
Chem/Bio/Radiological/Nuclear/Explosives Defense........... ............... ............... 197,688 +197,688 +197,688
Counter Terrorist R&D...................................... ............... ............... 25,493 +25,493 +25,493
Cyber Security............................................. ............... ............... 64,477 +64,477 +64,477
Disaster Resilience........................................ ............... ............... 143,738 +143,738 +143,738
------------------------------------------------------------------------------------
Subtotal, Research, development, and innovation.......... 265,783 478,048 478,048 +212,265 ...............
Laboratory facilities.......................................... 176,500 127,432 127,432 -49,068 ...............
Acquisition and operations support............................. 54,154 47,984 47,984 -6,170 ...............
University programs............................................ 36,563 40,000 40,000 +3,437 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 533,000 693,464 693,464 +160,464 ...............
------------------------------------------------------------------------------------
Total, Science and Technology................................ 668,000 831,472 831,472 +163,472 ...............
====================================================================================
Domestic Nuclear Detection Office
Management and Administration...................................... 38,000 39,692 39,692 +1,692 ...............
Research, Development, and Operations:
Systems engineering and architecture........................... 30,000 30,091 30,091 +91 ...............
Systems development............................................ 51,000 28,401 28,401 -22,599 ...............
Transformational research and development...................... 40,000 83,897 83,897 +43,897 ...............
Assessments.................................................... 38,000 33,198 33,198 -4,802 ...............
Operations support............................................. 33,000 35,679 35,679 +2,679 ...............
National Technical Nuclear Forensics Center.................... 23,000 25,564 25,564 +2,564 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 215,000 236,830 236,830 +21,830 ...............
Systems Acquisition:
Radiation portal monitor program............................... 7,000 1,355 1,355 -5,645 ...............
Securing the Cities............................................ 22,000 22,000 22,000 ............... ...............
Human portable radiation detection systems..................... 8,000 28,100 28,100 +20,100 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 37,000 51,455 51,455 +14,455 ...............
------------------------------------------------------------------------------------
Total, Domestic Nuclear Detection Office..................... 290,000 327,977 327,977 +37,977 ...............
====================================================================================
Total, title IV, Research and Development, Training, and 1,331,837 1,560,747 1,534,697 +202,860 -26,050
Services....................................................
(Fee Accounts)........................................... (2,976,041) (2,862,409) (2,882,457) (-93,584) (+20,048)
====================================================================================
TITLE V--GENERAL PROVISIONS
NSSE reimbursement fund............................................ 7,500 ............... 7,500 ............... +7,500
Community Disaster loans........................................... ............... ............... 13,000 +13,000 +13,000
Rescission of unobligated balances................................. -45,411 ............... ............... +45,411 ...............
Analysis and operations (rescission)............................... ............... ............... -1,800 -1,800 -1,800
CBP BSFIT (rescission)............................................. ............... ............... -92,000 -92,000 -92,000
TSA Surface Transportation (rescission)............................ ............... ............... -21,667 -21,667 -21,667
USCG AC&I (rescission)............................................. ............... ............... -59,000 -59,000 -59,000
Working Capital fund (rescission).................................. ............... ............... -996 -996 -996
Predisaster Mitigation (rescission)................................ ............... ............... -12,000 -12,000 -12,000
Office of Domestic Preparedness (rescission)....................... ............... ............... -1,328 -1,328 -1,328
Lapsed Predisaster Mitigation (rescission)......................... ............... ............... -3,007 -3,007 -3,007
Visa Lottery fee................................................... ............... ............... -50,000 -50,000 -50,000
Data center migration.............................................. 70,000 ............... 64,797 -5,203 +64,797
DHS Consolidated Headquarters Project.............................. 55,979 ............... 89,000 +33,021 +89,000
Rescission of legacy funds......................................... -20,654 ............... ............... +20,654 ...............
ICE Salaries and expenses (rescission)............................. -10,000 ............... ............... +10,000 ...............
ICE Automation Modernization (rescission).......................... -10,000 ............... ............... +10,000 ...............
TSA (rescission)................................................... -71,300 ............... ............... +71,300 ...............
CBP Automation Modernization (rescission).......................... -5,000 ............... ............... +5,000 ...............
CBP BSFIT Program Management (rescission).......................... -7,000 ............... ............... +7,000 ...............
USCG AC&I Great Lakes Icebreaker (rescission)...................... -2,427 ............... ............... +2,427 ...............
TASC (rescission).................................................. -5,000 ............... ............... +5,000 ...............
US-VISIT (rescission).............................................. -27,400 ............... ............... +27,400 ...............
====================================================================================
Total, title V, General Provisions........................... -70,713 ............... -67,501 +3,212 -67,501
Appropriations........................................... (133,479) ............... (124,297) (-9,182) (+124,297)
Rescissions.............................................. (-204,192) ............... (-191,798) (+12,394) (-191,798)
====================================================================================
Grand total.................................................. 47,698,385 46,413,991 46,671,548 -1,026,837 +257,557
Appropriations........................................... (41,244,577) (40,957,991) (41,128,346) (-116,231) (+170,355)
Rescissions.............................................. (-204,192) (-25,000) (-191,798) (+12,394) (-166,798)
Overseas contingency operations/Global war on terrorism.. (258,000) ............... (254,000) (-4,000) (+254,000)
Disaster relief category................................. (6,400,000) (5,481,000) (5,481,000) (-919,000) ...............
(Fee-funded programs).......................................... (4,767,831) (4,772,914) (4,792,962) (+25,131) (+20,048)
(Limitation on direct loans)................................... (25,000) (25,000) ............... (-25,000) (-25,000)
(By transfer).................................................. (179,278) (279,304) (42,000) (-137,278) (-237,304)
(Transfer out)................................................. (-115,778) (-284,304) (-47,000) (+68,778) (+237,304)
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