[Senate Report 111-31]
[From the U.S. Government Publishing Office]
Calendar No. 83
111th Congress Report
SENATE
1st Session 111-31
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2010
_______
June 18, 2009.--Ordered to be printed
_______
Mr. Reid (for Mr. Byrd), from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 1298]
The Committee on Appropriations reports the bill (S. 1298)
making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2010, and for other
purposes, reports favorably thereon and recommends that the
bill do pass.
Total obligational authority, fiscal year 2010
Total of bill as reported to the Senate\1\ \2\ \3\...... $44,287,748,000
Amount of 2009 appropriations\4\ \5\.................... 44,080,245,000
Amount of 2010 budget estimate\2\ \6\................... 44,190,938,000
Bill as recommended to Senate compared to--
2009 appropriations................................. +207,503,000
2010 budget estimate................................ +96,810,000
\1\Includes $35,500,000 in rescissions.
\2\Includes a permanent indefinite appropriation of $261,000,000 for the
Coast Guard health care fund contribution.
\3\Includes $241,503,000 for the Coast Guard for the costs of overseas
contingency operations.
\4\Excludes $2,175,000,000 appropriated in the Department of Homeland
Security Appropriations Act, 2004 (Public Law 108-90) for Biodefense
Countermeasures that became available for obligation in fiscal year
2009.
\5\Includes $2,855,000,000 in emergency appropriations appropriated in
Public Law 111-5, the American Recovery and Reinvestment Act of 2009,
and Public Law 111-8, the Omnibus Appropriations Act, 2009. Includes
rescissions totalling $72,373,000 pursuant to Public Law 110-329.
Includes permanent indefinite appropriation of $257,305,000 for the
Coast Guard health care fund contribution.
\6\Excludes up to $241,503,000 for Coast Guard overseas contingency
operations requested in Department of Defense ``Navy, Operation and
Maintenance''.
CONTENTS
----------
DEPARTMENT OF HOMELAND SECURITY
Page
Overview and Summary of the Bill................................. 5
Title I:
Departmental Management and Operations:
Office of the Secretary and Executive Management......... 7
Office of the Under Secretary for Management............. 14
Office of the Chief Financial Officer.................... 17
Office of the Chief Information Officer.................. 19
Analysis and Operations.................................. 22
Office of the Federal Coordinator for Gulf Coast
Rebuilding............................................. 23
Office of Inspector General.............................. 23
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Salaries and Expenses................................ 26
Automation Modernization............................. 36
Border Security Fencing, Infrastructure, and
Technology......................................... 37
Air and Marine Interdiction, Operations, Maintenance,
and Procurement.................................... 39
Construction and Facilities Management............... 40
U.S. Immigration and Customs Enforcement:
Salaries and Expenses................................ 43
Federal Protective Service........................... 52
Automation Modernization............................. 52
Construction......................................... 53
Transportation Security Administration:
Aviation Security.................................... 54
Surface Transportation Security...................... 62
Transportation Threat Assessment and Credentialing... 64
Transportation Security Support...................... 65
Federal Air Marshals................................. 67
Coast Guard:
Operating Expenses................................... 68
Environmental Compliance and Restoration............. 74
Reserve Training..................................... 74
Acquisition, Construction, and Improvements.......... 74
Alteration of Bridges................................ 81
Research, Development, Test, and Evaluation.......... 81
Retired Pay.......................................... 82
United States Secret Service:
Salaries and Expenses................................ 82
Acquisition, Construction, Improvements, and Related
Ex-
penses............................................. 84
Title III:
Protection, Preparedness, Response, and Recovery:
National Protection and Programs Directorate:
Management and Administration........................ 86
Infrastructure Protection and Information Security... 87
United States Visitor and Immigrant Status Indicator
Technology......................................... 92
Federal Protective Service........................... 94
Office of Health Affairs................................. 95
Federal Emergency Management Agency:
Management and Administration........................ 97
State and Local Programs............................. 103
Firefighter Assistance Grants........................ 109
Emergency Management Performance Grants.............. 110
Radiological Emergency Preparedness Program.......... 110
United States Fire Administration.................... 111
Disaster Relief...................................... 111
Disaster Assistance Direct Loan Program Account...... 112
Flood Map Modernization Fund......................... 112
National Flood Insurance Fund........................ 113
National Predisaster Mitigation Fund................. 113
Emergency Food and Shelter........................... 114
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services....... 115
Federal Law Enforcement Training Center:
Salaries and Expenses................................ 118
Acquisition, Construction, Improvements, and Related
Expen-
ses................................................ 119
Science and Technology:
Management and Administration........................ 120
Research, Development, Acquisition, and Operations... 121
Domestic Nuclear Detection Office:
Management and Administration........................ 125
Research, Development, and Operations................ 126
Systems Acquisition.................................. 126
Title V: General Provisions...................................... 128
Program, Project, and Activity................................... 134
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 135
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 136
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 137
Disclosure of Congressionally Directed Spending Items............ 139
Comparative Statement of New Budget Authority.................... 141
OVERVIEW AND SUMMARY OF THE BILL
------------------------------------------------------------------------
Fiscal year
Fiscal year 2010\1\ \2\ \3\
2010\2\ \4\ Committee
request recommendation
------------------------------------------------------------------------
Title I--Departmental Management $1,389,892,000 $1,324,600,000
and Operations...................
Title II--Security, Enforcement, 32,121,952,000 32,652,599,000
and Investigations...............
Title III--Protection, 8,691,755,000 8,533,571,000
Preparedness, Response, and
Recovery.........................
Title IV--Research and 1,987,339,000 1,792,478,000
Development, Training, and
Services.........................
Title V--General Provisions....... ................. -35,500,000
-------------------------------------
Total, new budget 44,190,938,000 44,287,748,000
(obligational authority)...
------------------------------------------------------------------------
\1\Includes $35,500,000 in rescissions.
\2\Includes permanent indefinite appropriation of $261,000,000 for the
Coast Guard health care fund contribution.
\3\Includes $241,503,000 for the Coast Guard for the costs of overseas
contingency operations.
\4\Excludes up to $241,503,000 for Coast Guard overseas contingency
operations requested in Department of Defense ``Navy, Operation and
Maintenance''.
The Committee recommends total appropriations of
$44,287,748,000 for the Department of Homeland Security (the
Department) for fiscal year 2009, $96,810,000 more than the
budget request. Of this amount, $42,926,503,000 is for
discretionary programs.
Overview
The establishment of the Department of Homeland Security
after the devastating events of September 11, 2001, was one of
the most ambitious Federal reorganizations since the Department
of Defense was created following World War II. Regrettably, it
was the official position of the Bush administration that the
Department could be created at no cost to the taxpayer. This
translated into a Department with aging assets, an inability to
prepare for and respond to natural disasters and future
threats, and significant management and employee morale
problems.
In response, Congress, on a bipartisan basis, increased
homeland security spending by an average of $2,000,000,000 per
year above the President's request. These increases were
invested in border security, chemical security, port security,
transit security, aviation security, and cyber security.
Congress also ensured State and local partners in homeland
security received adequate resources to equip and train our
first responders. These investments have paid off, making our
Nation more secure and making us better prepared for any
disaster. But we have much more work to do.
The Committee recommends $42,926,503,000 of discretionary
budget authority for fiscal year 2010, $2,938,003,000, or 7
percent, above fiscal year 2009, excluding emergency funding
provided in the American Recovery and Reinvestment Act and the
Omnibus Appropriations Act, 2009.
Priorities in the bill are focused on five major goals:
--Securing our borders and enforcing our immigration laws;
--Protecting the American people from terrorist threats and
other vulnerabilities, and ensuring that the Department
is nimble enough to address future threats;
--Preparing for, responding to, and recovering from all-
hazards, including natural disasters;
--Supporting our State, local, tribal, and private sector
partners in homeland security with resources and
information; and
--Giving the Department resources to strengthen financial,
procurement, information technology systems, and other
management tools that it needs to succeed; eliminating
or reducing programs that are ineffective or
duplicative.
References
This report refers to several public laws by short title as
follows: American Recovery and Reinvestment Act of 2009 (Public
Law 111-5) is referenced as the Stimulus Act; Implementing
Recommendations of the 9/11 Commission Act of 2007, Public Law
110-53, is referenced as the 9/11 Act; Security and
Accountability for Every Port Act of 2006, Public Law 109-347,
is referenced as the SAFE Port Act; and Intelligence Reform and
Terrorism Prevention Act of 2004, Public Law 108-458, is
referenced as the Intelligence Reform Act.
Any reference in this report to the Secretary shall be
interpreted to mean the Secretary of Homeland Security.
Any reference to the Department or DHS shall be interpreted
to mean the Department of Homeland Security.
Any reference in this report to a departmental component
shall be interpreted to mean directorates, components,
agencies, offices, or other organizations in the Department.
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.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriations, 2009.................................... $123,456,000
Budget estimate, 2010................................... 160,760,000
Committee recommendation................................ 149,268,000
The Office of the Secretary and Executive Management
supports the Department by providing direction, management, and
policy guidance to operating components within the
organization. The specific activities funded by this account
include: the Immediate Office of the Secretary; the Immediate
Office of the Deputy Secretary; the Chief of Staff; the Office
of Counternarcotics Enforcement; the Executive Secretary; the
Office of Policy; the Office of Public Affairs; the Office of
Legislative Affairs; the Office of General Counsel; the Office
of Civil Rights and Civil Liberties; the Citizenship and
Immigration Services Ombudsman; the Office of Intergovernmental
Affairs; and the Privacy Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $149,268,000 for the Office of the
Secretary and Executive Management, $25,812,000 above the
fiscal year 2009 level and $11,492,000 below the request level.
Of the total amount provided, up to $60,000 is available for
reception and representation expenses. The Department is to
submit a quarterly report to the Committee detailing the
obligation of these funds by purpose and dollar amount.
The specific levels recommended by the Committee as
compared to the fiscal year 2009 and budget request levels are
as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2009 2010 budget Committee
enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary............................ 3,140 5,061 5,061
Immediate Office of the Deputy Secretary............. 1,400 1,810 1,810
Chief of Staff............................................... 2,693 2,595 2,595
Office of Counternarcotics Enforcement....................... 3,718 3,912 3,718
Executive Secretary.......................................... 7,448 8,344 8,344
Office of Policy............................................. 43,263 61,564 51,564
Office of Public Affairs..................................... 5,991 6,539 5,991
Office of Legislative Affairs................................ 4,997 7,097 6,797
Office of Intergovernmental Affairs.......................... (\1\) 2,800 2,600
Office of General Counsel.................................... 20,114 24,028 24,028
Office of Civil Rights and Civil Liberties................... 17,417 22,104 22,104
Citizenship and Immigration Services Ombudsman............... 6,471 6,935 6,685
Privacy Officer.............................................. 6,804 7,971 7,971
--------------------------------------------------
Total, Office of the Secretary and Executive Management 123,456 160,760 149,268
----------------------------------------------------------------------------------------------------------------
\1\Funds provided for this activity within the Federal Emergency Management Agency.
IMMEDIATE OFFICE OF THE SECRETARY
The Committee recommends $5,061,000 for the Immediate
Office of the Secretary, an increase of $1,921,000 from the
fiscal year 2009 level and the same level as proposed in the
budget. The Committee approves the request to transfer a total
of $1,278,000 from various DHS components and other Office of
the Secretary and Executive Management [OSEM] offices for the
Secretary's travel.
IMMEDIATE OFFICE OF THE DEPUTY SECRETARY
The Committee recommends $1,810,000 for the Immediate
Office of the Deputy Secretary, an increase of $410,000 from
the fiscal year 2009 level and the same level as proposed in
the budget.
The Committee understands that the Office of Infrastructure
Protection, the Coast Guard, and the Transportation Security
Administration are working together to coordinate chemical
security responsibilities established by the Chemical
Facilities Anti-Terrorism Standards regulations, the Maritime
Transportation Security Act of 2002, and railroad security
regulations. The Committee directs the Deputy Secretary to
coordinate efforts and to work with the White House Office of
Domestic Policy to develop a coordinated and integrated
approach for securing chemical facilities. Further, the
Committee directs that the Department review and, if necessary,
consider revising its information security regulations related
to chemical facilities to ensure companies cannot misuse the
regulations to improperly delay or impede Federal safety
investigations following chemical accidents.
The Committee directs the Department to provide a report to
the Committee no later than 90 days after the date of enactment
of this act, and quarterly thereafter, on the agency's efforts
to coordinate chemical security across departments,
particularly in regard to ensuring the ability to conduct
prompt and comprehensive Federal safety investigations of
chemical accidents. Further, to ensure expeditious attention to
this matter, the Deputy Secretary is directed to brief the
Committee on the milestones established for a coordinated
effort.
CHIEF OF STAFF
The Committee recommends $2,595,000 for the Chief of Staff,
a decrease of $98,000 from the fiscal year 2009 level and the
same level as proposed in the budget.
OFFICE OF COUNTERNARCOTICS ENFORCEMENT
The Committee recommends $3,718,000 for the Office of
Counternarcotics Enforcement [CNE], the same as the fiscal year
2009 level and $194,000 below the level proposed in the budget.
The Committee requires the CNE to submit a report no later than
60 days after the date of enactment of this act to include: a
detailed description of the Department's counternarcotics
activities; whether those activities were sufficient to meet
the Department's responsibility to stop the entry of illegal
drugs into the United States; and recommended changes to those
activities to improve the Department's counternarcotics
performance. Funding is maintained at the current level due to
the CNE's failure to provide the Committee with a similar
report required in fiscal year 2009. These reports help the
Committee assess whether the CNE is fulfilling its mission.
EXECUTIVE SECRETARY
The Committee recommends $8,344,000 for the Office of the
Executive Secretary, an increase of $896,000 above the fiscal
year 2009 level and the same level as proposed in the budget.
OFFICE OF POLICY
The Committee recommends $51,564,000 for the Office of
Policy, $8,301,000 above the fiscal year 2009 level and
$10,000,000 below the level proposed in the budget. The
Committee fully funds requested base adjustments totaling
$3,301,000 to annualize FTE funded in fiscal year 2009, to
adjust for statutory pay increases, and to pay administrative
support services executed by the Working Capital Fund. The
Committee recommends a partial increase for the Integrated
Requirements Process and the Intermodal Security Coordination
Office. While the Committee supports the intent of these
initiatives, there is little justification to support such a
large financial commitment for fiscal year 2010. Therefore, an
additional $5,000,000 is provided, $10,000,000 below the
request level. The fiscal year 2010 expenditure plan shall
provide a detailed explanation of how these funds are being
allocated and for what purpose. Contractor support for both
initiatives shall not exceed 25 percent.
The Committee bill provides $20,000 within the Secretary's
reception and representation expenses to enable the Office of
Policy to host Visa Waiver Program negotiations in Washington,
DC, which will save significant travel costs.
The Committee directs the Office of Policy to submit an
expenditure plan for fiscal year 2010 no later than 60 days
after the date of enactment of this act. The plan shall provide
a full explanation for each activity of this Office and
accompanying costs. Because the fiscal year 2009 expenditure
plan wasn't submitted until 8 months into the fiscal year, the
Committee includes bill language withholding $20,000,000 from
obligation until the fiscal year 2010 plan is submitted.
OFFICE OF INTERGOVERNMENTAL AFFAIRS
The Committee approves the budget request to transfer these
functions from the Federal Emergency Management Agency [FEMA]
and recommends $2,600,000 for the Office Intergovernmental
Affairs, $200,000 below the level proposed in the budget. Of
this amount, $2,000,000 and 17 FTE represent the transfer of
these functions from FEMA and $800,000 is recommended to pay
administrative support services executed by the Working Capital
Fund. The Committee modifies the name of the Office from
``Office of Intergovernmental Programs'' as proposed in the
budget to ``Office of Intergovernmental Affairs'' as this name
more appropriately reflects the activities of this office.
Funds are decreased below the request due to the delay in
filling full-time permanent positions within this office in
fiscal year 2009.
OFFICE OF PUBLIC AFFAIRS
The Committee recommends $5,991,000 for the Office of
Public Affairs, the same as the fiscal year 2009 level and
$548,000 below the level proposed in the budget. Funds are
decreased below the request due to the delay in filling full-
time permanent positions within this office.
OFFICE OF LEGISLATIVE AFFAIRS
The Committee recommends $6,797,000 for the Office of
Legislative Affairs, an increase of $1,800,000 above the fiscal
year 2009 level and $300,000 below the level proposed in the
budget.
OFFICE OF GENERAL COUNSEL
The Committee recommends $24,028,000 for the Office of
General Counsel [OGC], $3,914,000 above the fiscal year 2009
level and the same level as proposed in the budget. The
increase above the request is to fund base adjustments for
increasing costs related to pay, the Working Capital Fund, and
an annualization of prior year FTE's. The Committee also
directs the OGC to hire an additional attorney with expertise
in appropriations law within the recommended level. The
Department currently has just one attorney working on
appropriations and requires additional resources in this area.
OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES
The Committee recommends $22,104,000 for the Office of
Civil Rights and Civil Liberties, an increase of $4,687,000
above the fiscal year 2009 level and the same level as proposed
in the budget. The Committee recommends full programmatic
increases, including funds for expansion of the Department's
Equal Employment Opportunity program, reviews of State and
local fusion centers, additional training, complaint
investigations, and other DHS-wide civil rights and civil
liberties issues. The Committee directs the Office to submit an
expenditure plan no later than 60 days after the date of
enactment of this act.
CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN
The Committee recommends $6,685,000 for the Citizenship and
Immigration Services Ombudsman, an increase of $214,000 above
the fiscal year 2009 level and $250,000 below the level
proposed in the budget. Funds are decreased below the request
due to the delay in filling full-time permanent positions
within this office.
PRIVACY OFFICER
The Committee recommends $7,971,000 for the Privacy
Officer, an increase of $1,167,000 above the fiscal year 2009
level and the same level as proposed in the budget.
QUARTERLY DETAILEE REPORT
The Committee requires the Department to continue the
quarterly detailee report. These reports shall be drafted in
accordance with the revised guidance set forth in Senate Report
110-84.
FUTURE YEARS BUDGET AND THE QUADRENNIAL HOMELAND SECURITY REVIEW
As mandated by section 2401 of the 9/11 Act, the Department
is developing a Quadrennial Homeland Security Review [QHSR],
including a budget plan required to carry out the findings of
the review. The Committee is concerned that the QHSR will be
biased by the President's proposed budget reduction for the
Department of Homeland Security in the outyears. The Department
of Homeland Security's budget should be derived from the policy
review. The policy review should not be driven by the budget.
Therefore, any budget projections included in the QHSR should
be based on actual needs to sufficiently carry out the long-
term strategy and priorities for homeland security.
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
The Secretary is directed to report semi-annually on the
current projects tasked to federally funded research and
development centers, the funding obligated by component,
including the purposes for the funds, and any projects
completed in the prior 6-month period.
OVERDUE REPORTS
The Committee understands that the transition to the new
administration may have caused some delays with regard to the
Department providing the Committee with required reports due.
However, to date, there are currently over 60 required reports
that are past due and the Committee is concerned that the
Department has only had a 35 percent on-time delivery rate of
those received. These reports are vital for the Committee to
appropriately make important resource allocation decisions to
address critical homeland security issues. Consistent delays
adversely impact the budgetary process. Examples of high-
priority reports that are past due include Transportation
Security Administration's Risk-Based Resource Allocation plan,
Coast Guard's Workforce Action and Deepwater expenditure plans,
U.S. Immigration and Customs Enforcement's [ICE] Nationwide
Alternatives to Detention plan, the Intelligence and Analysis
expenditure plan, Office of Policy expenditure plan, and DHS
Chief Information Officer expenditure plan. The Committee also
requires certain reports in order to stay apprised of important
homeland security initiatives such as: Federal Emergency
Management Agency's [FEMA] report on incorporating stakeholder
input to the grant process, which ensures that State and local
first responders are involved with the allocation of homeland
security grants required by Public Law 110-329; FEMA's progress
on nationwide implementation of the Integrated Public Alert and
Warning System, required by Executive Order 13407, to better
alert the public about emergencies; and ICE's Transportation of
Unaccompanied Alien Minors plan, which addresses the proper
care and treatment of illegal alien children without parents
within the immigration system.
The Committee finds this performance unacceptable.
DHS-GAO RELATIONS
The Committee is pleased to note that the Department is
working with the Government Accountability Office [GAO] to
improve it responsiveness to information requests, and is
examining the models of interaction offered by other agencies.
In order to improve transparency and oversight, the Committee
urges DHS to adopt the practices of most other Federal agencies
regarding interaction with GAO. These include: ensuring that
GAO representatives have direct access to program officials and
other relevant DHS employees, including contractors, for
purposes of requesting records and obtaining information;
expediting the internal review process for requested
information by eliminating unnecessary or redundant levels of
review; directing program officials and other relevant DHS
employees, including contractors, to provide GAO with immediate
access to agency records upon request when such records are
readily available and do not require further internal review;
and providing GAO representatives with access to draft or other
non-final agency records pertinent to GAO's review, consistent
with GAO's statutory right of access to agency records and its
obligation to handle such information appropriately.
DISTRIBUTION OF GRANT AWARDS
Americans are not made safer when appropriated funds sit in
the Treasury. Therefore, as in previous fiscal years, the
Committee again includes statutory timeframes by which
appropriated grant funding must be made available and
distributed to State and local partners. While departmental
compliance with the timeframes has varied from year to year,
fiscal year 2009 awards were delivered within the statutory
timeframe. It is imperative that FEMA and the Department take
State and local partners seriously by ensuring needed resources
are provided expeditiously to address known risks. The
Committee expects FEMA and the Department will comply with the
law to ensure grant funds are distributed in a timely manner.
STAKEHOLDER INVOLVEMENT
In the Homeland Security Appropriations Act, 2009,
$10,000,000 was withheld from both the Office of the Secretary
and Executive Management [OSEM] and the Federal Emergency
Management Agency [FEMA] Management and Administration account
until the Secretary of Homeland Security, in coordination with
the Administrator of FEMA, certifies to the Committees on
Appropriations that a process to incorporate State and local
stakeholder input for grants has been developed. It is
unconscionable that 6 years after the creation of the
Department there is still not an efficient grant process.
Further, it is disconcerting that the Secretary has yet to
certify a process. The Committee expects a certification no
later than August 31, 2009. Similar language is contained in
the FEMA section of this report.
PRINCIPAL FEDERAL OFFICIAL
The Committee recognizes that the Secretary intends to
reserve the deployment of a Principal Federal Official [PFO]
for a catastrophic or an unusually complex incident that
requires extraordinary coordination. According to an official
response submitted following the Senate Appropriations,
Subcommittee on Homeland Security hearing on May, 13, 2009, the
Secretary is committed to ``role clarity and clear, well-
trained, and well-exercised protocols for communication and
decisionmaking [which] are vital to achieving a coordinated
response to any domestic incident''. Therefore, the Committee
does not include a restriction regarding the position of the
PFO but strongly urges the Secretary to use an abundance of
clarity on this matter before, during, and after the few
instances when this position may be used.
LOST AND STOLEN PASSPORTS
The Committee is concerned that the Department of Homeland
Security has not taken all appropriate steps to interrupt
terrorist and criminal travel through international border
crossings. The Committee is aware that the Department currently
tracks and reports on lost and stolen passports through the
Forensic Document Laboratory and the Fraudulent Document
Analysis Unit. The Committee directs the Secretary to submit a
semiannual report to the Committees on Appropriations of the
Senate and House of Representatives, the Committees on the
Judiciary of the Senate and the House of Representatives, the
Senate Committee on Homeland Security and Governmental Affairs,
and the House of Representatives Committee on Homeland Security
on the number of all lost and stolen passports reported to the
Department, a detailed breakdown by issuing country, and the
number intercepted by the Department at ports of entry. Also,
the report should provide an analysis of any trends regarding
lost and stolen passports.
BORDER TUNNELS
Border tunnels pose a serious national security risk by
providing a means for smugglers to move drugs, guns, and people
under the border. Since September 11, 2001, more than 90 border
tunnels have been discovered. The Committee is aware that
tunnel detection and remediation is becoming a Department
priority and that funds have been provided as requested to
address their detection. The Committee directs the Department
to provide semiannual reports to the Committees on
Appropriations of the Senate and the House of Representatives,
the Committee on the Judiciary, and the Committee on Homeland
Security and Governmental Affairs on the number of tunnels
discovered, their location and demolition, all activities
undertaken to prosecute individuals under the Border Tunnel
Prevention Act, funding requirements, and the progress made in
developing and implementing detection methods used to discover
new tunnels. Finally, the Committee directs the Department to
designate a border tunnel coordinator to manage border tunnel
activities, serve as liaison to State and local law
enforcement, and advise Congress on border tunnel issues.
Office of the Under Secretary for Management
Appropriations, 2009\1\................................. $391,793,000
Budget estimate, 2010................................... 337,990,000
Committee recommendation................................ 307,690,000
\1\Includes $200,000,000 provided in the American Recovery and
Reinvestment Act, 2009 (Public Law 111-5) for construction of the DHS
headquarters.
The Under Secretary for Management oversees management and
operations of the Department, including procurement and
acquisition, human capital, and property management. The
specific activities funded by this account include the
Immediate Office of the Under Secretary for Management, the
Office of Security, the Office of the Chief Procurement
Officer, the Office of the Chief Human Capital Officer, and the
Office of the Chief Administrative Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $307,690,000 for the Office of the
Under Secretary for Management.
The specific levels recommended by the Committee, as
compared to the fiscal year 2009 and budget request levels, are
as follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management....... 2,654 2,864 2,864
Office of Security........................................... 60,882 95,193 92,693
Office of the Chief Procurement Officer...................... 39,003 71,038 70,038
Office of the Chief Human Capital Officer:
Salaries and Expenses.................................... 28,827 34,404 33,604
Human Resources.......................................... 10,000 10,000 10,000
Office of the Chief Administrative Officer:
Salaries and Expenses.................................... 44,427 43,491 43,491
Nebraska Avenue Complex.................................. 6,000 6,000 5,000
DHS Headquarters Consolidation........................... ............... 75,000 50,000
Emergency Appropriations (Public Law 111-5).................. 200,000 ............... ...............
--------------------------------------------------
Total, Office of the Under Secretary for Management.... 391,793 337,990 307,690
==================================================
Appropriations......................................... 191,793 337,990 307,690
Emergency Appropriations (Public Law 111-5)............ 200,000 ............... ...............
----------------------------------------------------------------------------------------------------------------
IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
The Committee recommends $2,864,000 for the Immediate
Office of the Under Secretary, $210,000 above the fiscal year
2009 level and the same level as proposed in the budget.
OFFICE OF SECURITY
The Committee recommends $92,693,000 for the Office of
Security, an increase of $31,811,000 above the fiscal year 2009
level and $2,500,000 below the level requested in the budget.
This recommended increase includes $3,000,000 and 9 positions
for Departmental personnel security adjudication needs;
$5,000,000 and 20 positions for the Special Access Program
Control Office; and $22,500,000 for the Homeland Security
Presidential Directive 12 [HSPD-12] Card Issuance Program. The
Department's schedule to issue HSPD-12 cards to DHS employees
appears to be overly optimistic in fiscal year 2010. Therefore,
the Committee does not recommend the full increase requested in
the budget.
The Committee has heard from several DHS components about
delays in hiring due to the security clearance process. With
the additional adjudication funding recommended, the Office of
Security should meet the 15-day standard for suitability
reviews and reduce its existing backlog of individuals awaiting
a security clearance. The Committee directs the Office of
Security to include progress against these objectives in the
Office of the Chief Human Capital Officer's monthly hiring
reports submitted to the Committee.
OFFICE OF THE CHIEF PROCUREMENT OFFICER
The Committee recommends $70,038,000 for the Office of the
Chief Procurement Officer, $31,035,000 above the fiscal year
2009 level and $1,000,000 below the level requested in the
budget. This increase will fully annualize 52 positions being
filled in fiscal year 2009, fund 100 new positions for the
Acquisition Workforce Intern Program, fund 24 new positions and
associated infrastructure to create a new contracting component
for classified programs, and fund 20 new positions and support
from Federally Funded Research and Development Centers for
oversight of DHS acquisition programs. A small reduction is
recommended below the request due to the delay in filling full-
time permanent positions within this office.
ACQUISITION REVIEW PROCESS
The Department's Investment Review Process was overhauled
in 2008 with the intent to improve acquisition management and
oversight across DHS. The Committee is pleased with the
direction the Department is taking to create a common
acquisition policy and a single point of accountability in the
Acquisition Decision Authority. There are 67 major DHS
acquisition programs with investments over $300,000,000 in
lifecycle costs as well as some special interest programs/
projects. In order to monitor the Department's acquisition
review process, the Committee directs the Secretary to provide
a quarterly status report on major acquisitions in excess of
$300,000,000. These reports shall include a description of each
acquisition and whether it has been approved by the Acquisition
Review Board [ARB], is currently being reviewed by the ARB, is
scheduled for review or a follow-up review by the ARB, and
whether the relevant DHS component has begun submitting monthly
periodic reports and the results of the monthly updates. In
addition, the report shall include information on acquisitions
that are not meeting cost, schedule, or performance parameters,
including an explanation of why, and corrective measures
implemented or planned. These reports are also to address the
extent to which the Department has sufficient personnel to
execute the acquisition review process, and if not, its plans
for fulfilling staffing requirements.
OVER-RELIANCE ON CONTRACTORS
The Committee continues to be concerned with the
Department's reliance on contractors to perform functions more
appropriate for in-house Federal employees or to perform
functions closely supporting inherently governmental functions.
Without stronger oversight, the risk of Government decisions
being influenced by, rather than independent from, contractor
judgments increases. The Department has launched a
comprehensive workforce data call to examine and balance
workforce requirements and, where appropriate, to convert
contractors to in-house resources. Results of this review are
expected in July 2009. The Committee directs the Undersecretary
for Management to brief the Committee no later than August 14,
2009, on the findings of this review, including plans for
contract conversions in fiscal year 2010 and associated
savings.
OTHER TRANSACTION AUTHORITY
The Committee directs the Chief Procurement Officer to
ensure that all employees working on Federal contracts have
``Other Transaction Authority'' training.
OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER
The Committee recommends $43,604,000 and 89 FTE for the
Office of the Chief Human Capital Officer [OCHCO], $4,777,000
above the fiscal year 2009 level and $800,000 below the budget
request due to the delay in filling full-time permanent
positions within this office. As of April 25, 2009, the OCHCO
was 44 percent below funded staffing levels. Funds for
contractors should be limited as right-sizing OCHCO with
Federal employees is a top priority.
The Committee notes that hiring services being performed by
the OCHCO on behalf of headquarters components is beginning to
improve. However, significant progress remains necessary.
Therefore, the Committee continues a requirement for the OCHCO
to provide monthly reports on vacancies for each office OCHCO
services, including the amount of time it takes to hire and
seat an employee once a vacancy is announced. The report shall
provide an explanation for hiring delays and steps being taken
or planned to correct the delays. The Office of Security shall
contribute to this report by including progress made to reduce
the security clearance backlog and whether the 15-day standard
for suitability reviews is being met.
The OCHCO shall also provide a report no later than 60 days
after the date of enactment of this act on its fiscal year 2009
performance for metrics established by DHS, which are: the
ability to meet the Office of Personnel Management 45-day
hiring standard; an attrition rate for senior executive
personnel 10.5 percent or lower; a number of civilian employees
serving in the DHS interagency and interdepartmental Rotation
Training Program of 530 or higher; favorable responses by DHS
employees on the Federal Human Capital Survey of 51 percent or
higher; and a percent of civilian employees in designated
positions that are qualified as National Security Professionals
of 30 percent or higher.
A general provision is included in the bill prohibiting
funds for the development, testing, deployment, or operation of
any portion of a human resources management system authorized
by 5 U.S.C. 9701(a), or by regulations prescribed pursuant to
such section, for an ``employee'' as defined in 5 U.S.C.
7103(a)(2).
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER
The Committee recommends $98,491,000, an increase of
$48,064,000 above the fiscal year 2009 level and $26,000,000
below the budget request. This amount includes the transfer of
$10,809,000 and 5 FTE to the Office of Operations Coordination
and Planning for the Business Continuity Operations and
Emergency Preparedness function. Realigning this function will
concentrate internal DHS continuity functions into one office.
The Committee recommends $5,000,000 for continued facilities
maintenance and upgrades at the Nebraska Avenue Complex. Due to
consistent availability of carryover funds, this amount is
$1,000,000 below the request. The Committee recommends
$50,000,000 for the DHS Lease Consolidation Project,
$25,000,000 below the request. These funds will allow the
Department to begin consolidating leased facilities not moving
to the St. Elizabeths campus. Currently DHS headquarters are
located in over 40 fragmented locations in 105 lease
arrangements. The goal is to consolidate these to fewer than 10
leases. However, until a prospectus is submitted and approved
by Congress, the full cost and scope of this project is
unknown.
DHS CONSOLIDATED HEADQUARTERS PROJECT
The Committee continues to support the Department's efforts
to construct a consolidated headquarters. DHS is spread
throughout more than 40 locations and 70 buildings across the
National Capital Region making communication, coordination, and
cooperation between DHS components a significant challenge.
Between appropriations to the General Services Administration
and the Department of Homeland Security, over $1,100,000,000
has been appropriated for this project, including $650,000,000
in the Stimulus Act. These funds fully cover requirements for
fiscal year 2010. The Committee directs the Department to
continue periodic briefings on the consolidation project.
Office of the Chief Financial Officer
Appropriations, 2009........................... $55,235,000
Budget estimate, 2010................................... 65,530,000
Committee recommendation................................ 63,530,000
The Office of the Chief Financial Officer is responsible
for the fiscal management and financial accountability of the
Department of Homeland Security. The Office of the Chief
Financial Officer provides guidance and oversight of the
Department's budget execution while ensuring that funds are
allocated and expended in accordance with relevant laws and
policies. The specific activities funded by this account
include the Budget Division, Office of Performance Analysis and
Evaluation, Office of Financial Management, Resource Management
Transition Office, and the Office of the Government
Accountability Office/Office of Inspector General Liaison.
COMMITTEE RECOMMENDATION
The Committee recommends $63,530,000 for the Office of the
Chief Financial Officer [OCFO], an increase of $8,295,000 from
the fiscal year 2009 level and $2,000,000 below level proposed
in the budget request. The recommendation includes $1,608,000
to annualize 15 FTE funded in fiscal year 2009; $499,000 for
pay adjustments; $1,793,000 for Working Capital Fund increases;
and $4,395,000 to improve financial accountability. The
Committee supports Program Analysis and Evaluation efforts to
conduct independent program analyses of selected DHS programs.
As the Department builds on this capability, the Committee
encourages the OCFO to do so with permanent Federal employees
to the maximum extent practicable. The OCFO shall periodically
brief the Committee on outcomes of the selected studies and
their impact on resource decisions.
TRANSFORMATION AND SYSTEMS CONSOLIDATION
The Committee recommendation includes $19,200,000 for the
OCFO to migrate DHS component financial systems to a shared
software baseline known as TASC. This effort will consolidate
13 separate DHS financial management systems, resulting in
multiple business processes and accounting lines. These
separate systems do not provide consistent internal controls
over financial reporting. The Committee expects a full
migration plan to be submitted to the Committee no later than
60 days after the date of enactment of this act.
ANNUAL APPROPRIATIONS JUSTIFICATIONS
The Committee directs the OCFO to ensure annual
appropriations justifications are prepared for each component
within the Department in support of the President's budget, as
submitted under section 1105(a) of title 31, United States
Code. The OCFO is directed to include detailed information by
appropriations account, program, project, and activity, on all
reimbursable agreements, and significant uses of the Economy
Act for each fiscal year. Additionally, the OCFO shall ensure
that the congressional justifications for the Department
accompanying the President's fiscal year 2011 budget request
include a status report of overdue Committee reports, plans,
and other directives. One standard format needs to be adopted
by all offices and agencies and inserted in the justifications
reflecting the status of congressional directives for each of
fiscal years 2007 through 2010.
BUDGET EXECUTION AND STAFFING REPORT
The Committee includes bill language requiring the
Department to continue submitting to the House and Senate
Committees on Appropriations a monthly budget execution report
showing the status of obligations and costs for all components
of the Department and on-board staffing levels (Federal
employees and contractors). The report shall include the total
obligational authority appropriated (new budget authority plus
unobligated carryover), undistributed obligational authority,
amount allotted, current year obligations, unobligated
authority (the difference between total obligational authority
and current year obligations), beginning unexpended
obligations, year-to-date costs, and ending unexpended
obligations. This budget execution information is to be
provided at the level of detail shown in the tables displayed
at the end of this report for each departmental component and
the Working Capital Fund. This report shall be submitted no
later than 45 days after the close of each month.
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.
Office of the Chief Information Officer
Appropriations, 2009.................................... $272,169,000
Budget estimate, 2010................................... 338,393,000
Committee recommendation................................ 338,393,000
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 $338,393,000, of which $86,912,000
is for salaries and expenses, and $251,481,000 is to be
available until expended for Department-wide technology
investments overseen by the Office of the Chief Information
Officer [CIO]. The recommendation is an increase of $66,224,000
from the fiscal year 2009 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 2009 and budget
request levels:
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses.......................................... 86,928 86,912 86,912
Information Technology Services................................ 44,945 51,417 51,417
Security Activities............................................ 92,623 152,403 152,403
Homeland Secure Data Network................................... 47,673 47,661 47,661
------------------------------------------------
Total, Office of the Chief Information Officer........... 272,169 338,393 338,393
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
The Committee recommendation includes $86,912,000 as
requested in the budget, to provide oversight of technology
management, shared services, and acquisition strategy for the
Department.
EXPENDITURE PLAN
The Committee has again included bill language requiring an
expenditure plan be submitted to the Committees on
Appropriations within 60 days of enactment of this act. The
Committee notes that 8 months into fiscal year 2009 the
expenditure plan for the current year has not been submitted.
It is difficult to evaluate the operations and projects of the
CIO in the absence of any information about current-year plans.
INFORMATION TECHNOLOGY SERVICES
The Committee recommendation includes $51,417,000 for
Information Technology Services, as requested in the budget.
Consistent with the request, $6,700,000 is recommended for
communications security modernization. The Department must
replace 15,000 pieces of communications security equipment that
will be de-certified for continued use as of December 31, 2009.
These funds will purchase equipment that meets the new
certification requirements, provide training to employees, and
provide for operation and maintenance costs.
ACQUISITION REVIEW BOARD
Under Acquisition Directive 102-01, the CIO is responsible
for ensuring that approved IT acquisitions comply with
departmental IT management processes, technical requirements,
and approved Enterprise Architecture. As part of this process,
the committee expects the CIO to certify that all level 1 IT
acquisitions include: a risk management process that regularly
and proactively identifies, evaluates, mitigates, and monitors
risks throughout the system life cycle and an independent
verification and validation process.
SECURITY ACTIVITIES
The Committee recommendation includes $152,403,000 for
Security Activities, as requested in the budget. Consistent
with the request, the recommended amount includes: $10,400,000
for network security enhancement; $8,400,000 for Internet
gateway enhancements; and $4,200,000 to initiate the
application integration for the single sign-on project. The
Committee believes these are all vital investments necessary to
ensure that a mature infrastructure is in place that meets the
Departments needs. The Department is directed to continue to
provide quarterly briefings to the Committee on the progress on
implementing OneNet, and to include a scorecard on migration to
Networx.
DATA CENTER DEVELOPMENT
The Committee recommendation includes not less than
$82,788,000 within Security Activities for data center
development, as requested in the budget. This includes not less
than $38,540,145 for power capabilities upgrades at Data Center
One. According to the Secretary's response submitted following
the Senate Appropriations, Subcommittee on Homeland Security
hearing on May 13, 2009, the request includes funding for the
following upgrades: $12,600,995 for Power Upgrade Phase II--
Upgrade Electrical Service, Entrance, Additional Switchgear,
Expand Zones E and F to 2.8 Megavolt Amperes; $14,439,150 for
Power Upgrade Phase III--Electrical upgrade, 5th UPS/zone, 2
Additional Generators; $11,500,000 for Power Upgrade Phase IV--
Tier III Mechanical, 2 Additional Chillers, 4 Additional
Generators.
The Committee strongly supports the effort included in the
request to move forward with data center consolidation.
Consolidating services into two data centers will enable DHS to
effectively monitor all IT systems for compliance while
reducing the risk of vulnerabilities in information systems in
a cost-effective and sustainable manner. As DHS pursues this
effort, it is essential to simultaneously fill both centers, so
that disaster recovery may be properly addressed. Disaster
recovery shortfalls have been cited in two consecutive DHS
Inspector General [IG] reports. As noted in the April 2009
report ``DHS's Progress in Disaster Recovery Planning for
Information Systems'', DHS addressed the recommendations from
the 2005 IG report by allocating the funds needed to implement
an enterprise-wide disaster recovery program for mission
critical systems. ``Specifically, DHS has allocated funding and
established two data centers as part of its strategy to
mitigate disaster recovery deficiencies.'' In order to provide
DHS with the necessary resources to continue rectifying these
deficiencies, the Committee has included resources in the
appropriate component accounts.
Consistent with section 888 of Public Law 107-296, the
Committee instructs the Department to implement the
consolidation plan in a manner that shall not result in a
reduction to the Coast Guard's Operations Systems Center
mission or its Government-employed or contract staff levels. A
general provision is included for this purpose.
HOMELAND SECURE DATA NETWORK
Included in the amount recommended by the Committee is
$47,661,000, as requested in the budget, for the Homeland
Secure Data Network.
FEDERAL INFORMATION SECURITY MANAGEMENT ACT
The Committee continues to be concerned with departmental
compliance with the Federal Information Security Management
Act. The most recent scorecard provided to the Committee shows
an overall B+ for the Department. While the Committee
compliments the Department on this score, the following
components all received F's: U.S. Customs and Border
Protection, Domestic Nuclear Detection Office, Intelligence and
Analysis, Office of Inspector General, Operations and
Coordination, and Science and Technology. The CIO, accompanied
by the appropriated component CIO, shall brief the Committee no
later than 60 days after the date of enactment of this act on
the Department's plan to improve these scores, including
necessary resources.
Analysis and Operations
Appropriations, 2009.................................... $327,373,000
Budget estimate, 2010................................... 357,345,000
Committee recommendation................................ 347,845,000
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 $347,845,000 for Analysis and
Operations. This is an increase of $20,472,000 from the fiscal
year 2009 level and a decrease of $9,500,000 from the budget
request. The details of these recommendations are included in a
classified annex accompanying this report.
DHS INTELLIGENCE EXPENDITURE PLAN
The Secretary has failed to submit an expenditure plan for
fiscal year 2009 mandated in the joint explanatory statement
accompanying Public Law 110-329. This plan is an essential
document to help the Committee assess whether the I&A is
fulfilling its mission. The delay in submitting this plan as
well as the required State and Local Fusion Center quarterly
reports is unacceptable. This matter is addressed in the
classified annex accompanying this act. The Committee requires
the Secretary to submit an expenditure plan for fiscal year
2010 no later than February 5, 2010.
The plan shall include the following: (1) fiscal year 2010
expenditures and staffing allotted for each program as compared
to each of years 2008 and 2009; (2) all funded versus on-board
positions, including FTE, contractors, and reimbursable and
non-reimbursable detailees; (3) an explanation for maintaining
contract staff in lieu of Government FTE; (4) a plan, including
dates or timeframes for achieving key milestones, to reduce the
office's reliance on contract staff in lieu of Federal FTE; (5)
funding, by object classification, including a comparison to
fiscal years 2008 and 2009; and (6) the number of I&A funded
employees supporting organizations outside I&A and within DHS.
STATE AND LOCAL FUSION CENTERS
The Committee directs the Department's Chief Intelligence
Officer to continue quarterly updates to the Committees on
Appropriations that detail progress in placing DHS intelligence
professionals in State and local fusion centers. These reports
shall include: the qualification criteria used by DHS to decide
where and how to place DHS intelligence analysts and related
technology; total Federal expenditures to support each center
to date and during the most recent quarter of the current
fiscal year, in the same categorization as materials submitted
to the Committees on Appropriations on March 23, 2007; the
location of each fusion center, including identification of
those with DHS personnel, both operational and planned; the
schedule for operational stand-up of planned fusion centers and
their locations; the number of DHS-funded employees located at
each fusion center, including details on whether the employees
are contract or Government staff; the privacy protection
policies of each center, including the number of facility
personnel trained in Federal privacy, civil rights, and civil
liberties laws and standards; and the number of local law
enforcement agents at each center approved or pending approval
to receive and review classified intelligence information.
Office of the Federal Coordinator for Gulf Coast Rebuilding
Appropriations, 2009.................................... $1,900,000
Budget estimate, 2010................................... 2,000,000
Committee Recommendation................................ 2,000,000
The Office of the Federal Coordinator for Gulf Coast
Rebuilding was established to further strengthen Federal
support for the recovery and rebuilding of the gulf coast
region affected by Hurricane Katrina and Hurricane Rita.
COMMITTEE RECOMMENDATION
The Committee recommends $2,000,000 for the Office of the
Federal Coordinator for Gulf Coast Rebuilding the same as the
budget request level and $100,000 above the fiscal year 2009
level. The Office is directed to remain open until at least the
end of fiscal year 2009. The Office is directed to provide a
fiscal year 2010 expenditure plan no later than November 30,
2009. The expenditure plan should clearly articulate how the
Office will proactively help the gulf coast, including
supporting Federal agency cooperation, and promoting expedited
housing solutions.
The Committee encourages the Office of the Federal
Coordinator for Gulf Coast Rebuilding to consolidate Federal
data on Gulf Coast recovery funding and measure impacts on key
recovery indicators including repopulation, economic and job
growth, reestablishment of local and State tax revenues,
restoration of housing stock, and availability of critical
services including health care, education, criminal justice,
and fire protection.
Office of Inspector General
Appropriations, 2009\1\................................. $98,513,000
Budget estimate, 2010................................... 127,874,000
Committee recommendation\2\............................. 115,874,000
\1\Excludes $16,000,000 made available from FEMA Disaster Relief in
Public Law 110-329.
\2\Excludes $16,000,000 made available from FEMA Disaster Relief.
This account finances the Office of Inspector General's
activities, including audits, inspections, investigations and
other reviews of programs and operations of the Department of
Homeland Security to promote economy, efficiency, and
effectiveness and to prevent and detect fraud, waste, and
abuse.
COMMITTEE RECOMMENDATIONS
The Committee recommends $115,874,000 for the Office of
Inspector General [OIG] for fiscal year 2010, $17,361,000 above
the fiscal year 2009 level. In addition, the Committee includes
bill language transferring $16,000,000 needed by the OIG for
audits and investigations related to natural disasters from the
Disaster Relief Fund [DRF]. The OIG is required to notify the
Committee no less than 15 days prior to all transfers from the
DRF. When combined, the recommendation exceeds the request by
$4,000,000. Included in the funding are resources for U.S.
Customs and Border Protection [CBP] revenue oversight.
The Committee is pleased that the Secretary, pursuant to
Public Law 110-161, established a direct link to the DHS OIG on
the DHS website. The Committee directs the Secretary to update
and maintain the website.
INTEGRITY OVERSIGHT
Since fiscal year 2006, at Congress' initiative, U.S.
Immigration and Customs Enforcement [ICE] has increased
staffing 17 percent and CBP has increased staffing 33 percent.
This is an increase of over 20,000 new agents. The Committee is
concerned due to the rapid hiring in CBP and ICE 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. In order to prevent corruption and misconduct, the
Committee provides the OIG with the necessary funding for
investigations.
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
$11,601,990,000, including direct appropriations of
$10,169,990,000 and estimated fee collections of
$1,432,000,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and Expenses\2\.............................. 7,763,206 7,623,068 8,075,649
Automation Modernization.............................. 511,334 462,445 462,445
Border Security Fencing Infrastructure, and Technology 875,000 779,452 800,000
[BSFIT]\3\...........................................
Air and Marine Interdiction, Operations, Maintenance, 528,000 505,826 515,826
and Procurement......................................
Construction and Facilities Management\4\............. 823,201 678,633 316,070
-----------------------------------------------------
Total, Appropriations............................... 10,500,741 10,049,424 10,169,990
=====================================================
Estimated fee collections:
Immigration inspection user fees...................... 570,059 584,000 584,000
Immigration enforcement fines......................... 3,331 5,000 5,000
Land border inspection fees........................... 26,880 30,000 30,000
COBRA fees............................................ 410,666 393,000 393,000
APHIS inspection fees................................. 333,433 320,000 320,000
Puerto Rico Trust Fund................................ 96,719 92,000 92,000
Small airport user fee................................ 7,057 8,000 8,000
-----------------------------------------------------
Total, Estimated fee collections.................... 1,448,145 1,432,000 1,432,000
=====================================================
Total, U.S. Customs and Border Protection, Available 11,948,886 11,481,424 11,601,990
Funding............................................
----------------------------------------------------------------------------------------------------------------
\1\Includes $680,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
\2\Includes $160,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for
tactical communications and non-intrusive inspection equipment.
\3\Includes $100,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for
border security technology.
\4\Includes $420,000,000 provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for
construction at ports of entry.
SALARIES AND EXPENSES
Appropriations, 2009\1\................................. $7,763,206,000
Budget estimate, 2010................................... 7,623,068,000
Committee recommendation................................ 8,075,649,000
\1\Includes $160,000,000 provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
The U.S. Customs and Border Protection [CBP] Salaries and
Expenses appropriation provides funds for border security,
immigration, customs, agricultural inspections, regulating and
facilitating international trade, collecting import duties, and
enforcing U.S. trade laws. In addition to directly appropriated
resources, fee collections are available for the operations of
CBP from the following sources:
Immigration Inspection User Fees.--CBP collects user fees
to fund the costs of international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Enforcement Fines.--CBP collects fines from owners of
transportation lines and persons for unauthorized landing of
aliens, as authorized by the Immigration and Nationality Act (8
U.S.C. 1356).
Land Border Inspections Fees.--CBP collects fees for
processing applications for the Dedicated Commuter Lanes
program, the Automated Permit Ports program, the Canadian
Border Boat Landing program, and both Canadian and Mexican Non-
Resident Alien Border Crossing Cards, as authorized by the
Immigration and Nationality Act (8 U.S.C. 1356).
Consolidated Omnibus Budget Reconciliation Act [COBRA]
Fees.--CBP collects fees for inspection services involving
customs related functions. The COBRA user fee statutory
authority (19 U.S.C. 58c) specifies the types of expenses to be
reimbursed and the order for the reimbursement of these types
of expenses.
Animal and Plant Health Inspection Service Inspection
Fees.--CBP receives as a transfer a distribution of agriculture
inspection fees collected by the United States Department of
Agriculture. The user fees, as authorized by the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136), are charged to offset costs for the services related to
the importation, entry, or exportation of animals and animal
products.
Puerto Rico Trust Fund.--Customs duties, taxes, and fees
collected in Puerto Rico by CBP are deposited in the Puerto
Rico Trust Fund. After providing for the expenses of
administering CBP activities in Puerto Rico, the remaining
amounts are transferred to the Treasurer of Puerto Rico
pursuant to 48 U.S.C. sections 740 and 795.
Small Airport User Fee.--The User Fee Airports Program
authorized under 19 U.S.C. 58b and administered under 19 U.S.C.
58c(b)(9)(A)(i), authorizes inspection services to be provided
to participating small airports on a fully reimbursable basis.
The fees charged under this program are set forth in a
memorandum of agreement between the small airport facility and
the agency, and may be adjusted annually as costs and
requirements change.
COMMITTEE RECOMMENDATIONS
The Committee recommends $8,075,649,000 for salaries and
expenses of U.S. Customs and Border Protection [CBP] for fiscal
year 2010, including $3,226,000 from the Harbor Maintenance
Trust Fund. Included in this amount is a decrease of
$432,959,000 in termination of one-time costs, and an increase
of $412,246,000 in annualizations of prior year funding, the
fiscal year 2009 pay raise, and the fiscal year 2010 pay raise.
The Committee includes bill language making available up to
$150,000 for payment for rental space for preclearance
operations; and $1,000,000 for payments to informants. The
Committee also includes bill language placing a $35,000 annual
limit on overtime paid to any employee, and making $1,700,000
available until expended for the Global Advanced Passenger
Information/Passenger Name Record program.
COMBATING SOUTHBOUND SMUGGLING
Seizure data over the past 2 fiscal years demonstrate an
increasing threat for weapons and currency smuggling outbound
to Mexico. In fiscal year 2007, CBP initiated 353 southwest
seizures totaling $13,700,000 in currency and 316 weapons. In
fiscal year 2008, there were 450 outbound currency seizures
totaling $12,500,000 and 257 weapons seizures. The President's
budget request included a total of $45,834,000 and 254
positions for new border security personnel and technology to
further address this threat. This is an increase of $26,132,000
and 125 positions over last year's level and includes 65 new
CBP officers, 44 Border Patrol agents, and 16 support staff. It
also expands CBP's license plate reader program to 58 outbound
lanes on the Southwest border, to begin providing readers to
all 110 outbound traffic lanes on the Southwest border.
The Committee is pleased the budget proposes to expand CBP
southbound border enforcement efforts to combat the smuggling
of firearms and currency to Mexico, which in turn fuels the
drug cartel violence and the pressure to increase smuggling of
illegal drugs and aliens into this country. The Committee
recommends $40,000,000, $13,868,000 above the amount requested
in the budget, for this activity. The increase above the
request will provide CBP with an additional 114 CBP positions
to provide CBP with greater flexibility to expand southbound
operations. The Committee also recommends an additional
$40,000,000 to competitively procure additional non-intrusive
inspection equipment. Of these funds, $20,000,000 shall be for
equipment to be used by the Border Patrol in support of
checkpoint operations and $20,000,000 shall be for equipment to
be used by the Office of Field Operations at locations along
the Southwest border. Prior to the obligation of these
additional funds, the Committee directs the Secretary to submit
an expenditure plan to the Committees on Appropriations not
later than 60 days after the date of enactment.
The Committee is pleased with the greatly enhanced working
relationship that has been developed with the Government of
Mexico and its border and customs law enforcement agencies as
our two countries jointly battle the scourge of drug-related
violence. The Committee encourages CBP and the other DHS
components to explore and implement ways to expand on this
relationship.
BORDER PATROL AGENTS
Since Congress began increasing the size of the Border
Patrol by funding the hiring of 500 new agents in the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Tsunami Relief, 2005 (Public Law 109-13), a total
of 9,200 new Border Patrol agents, and attendant support
positions, will have been funded and hired through the end of
fiscal year 2009. The Congress strongly supports the Border
Patrol mission of securing our borders and fully funds the
fiscal year 2010 request.
Included in the amount recommended by the Committee for
``Border Security and Control'' is a total of $3,525,008,000,
22,800 positions, and 22,774 FTE, $20,000,000 above the
request. The amount above the request is for non-intrusive
inspection equipment for use by the Border Patrol in doing
southbound enforcement discussed earlier in this section. This
is an increase of $98,553,000 over the fiscal year 2009 level.
These funds provide the full funding necessary for 20,063
Border Patrol agents and the attendant support positions, as
compared with 12,349 agents on board at the beginning of fiscal
year 2007.
BORDER PATROL AGENTS ON THE NORTHERN BORDER
As of April 25, 2009, there were 1,525 Border Patrol agents
assigned to the Northern border. The Chief of the Border
Patrol, working with the Northern border sector chiefs, has
developed a staffing plan to increase the agents on the
Northern border by the end of fiscal year 2010 to 2,212 Border
Patrol agents. The Committee has been assured that this
increase is attainable and will represent a 700 percent
increase in manpower from pre-2001 staffing levels. The Border
Patrol will continue to use the Border Patrol Agent Intern
Program, fully funded relocations, the Voluntary Relocation
Program, and the reinstatement of prior agents to meet this
goal.
The Committee is aware of the continued difficulty the
Border Patrol is experiencing in recruiting agents to transfer
to the Northern border. Agents have experienced difficulties
selling houses on the Southern border and, in certain more
remote Northern locations, there is a lack of infrastructure to
support agents with young families. The Committee directs CBP
and the Office of the Border Patrol to develop a strategy to
address these issues and brief the Committee on its findings
and requirements no later than 60 days after the date of
enactment of this act.
MISSION SUPPORT PERSONNEL
Operation Jump Start was a 2-year effort which involved the
deployment of 6,000 National Guardsmen and women on the
Southwest border to perform Border Patrol support activities
while additional Border Patrol agents were hired. This
permitted more Border Patrol agents to actually patrol the
border. As discussed above, while the agent hiring targets will
be met this year, CBP failed to aggressively hire mission
support personnel during the same timeframe. Jump Start ended
July 15, 2008, and with the loss of the National Guard's
support, many agents have reverted to performing mission
support activities. Congress has provided the resources to hire
mission support personnel and the Committee directs CBP in the
strongest terms possible to hire these individuals so that the
Border Patrol agents can return to their proper role of
securing the border.
CONDUCT AND INTEGRITY OVERSIGHT
Over the last 4 years, CBP has hired over 14,000 new
personnel, a 33 percent increase since fiscal year 2006. The
Committee notes that CBP conducted a total of 606 internal
affairs investigations in fiscal year 2007. That number jumped
to 992 investigations the following fiscal year. To date this
fiscal year, CBP has conducted 682 investigations. With a
workforce of over 56,000 employees, of whom 40,000 are sworn
law enforcement agents, 720 current and former employees have
been arrested for criminal misconduct since October 1, 2006. Of
these, 46 individuals have been arrested for mission critical
corruption charges. In order to support long-term border
security efforts and prevent internal fraud, the Committee
believes it is important to keep in front of any possible
increase in workforce fraud by hiring additional agents who
will investigate cases of fraud and other illegal activities
and to improve training. The Committee recommends a total of
$20,742,000 and 76 FTE to train officers and agents and expand
integrity investigations. This is an increase of $1,561,000,
and 2 FTE over the fiscal year 2009 level, and $500,000 and 2
FTE over the request. With these additional funds, a total of
93 CBP personnel will be on-board and involved in conduct and
integrity oversight by the end of fiscal year 2010.
AGRICULTURE SPECIALISTS
The Committee notes that more than 1,800 agricultural
specialists have joined CBP since fiscal year 2005. Also, more
than 9,600 CBP officers have received basic agriculture
training as part of CBP Integrated Training at the CBP Academy
since fiscal year 2004. This training ensures that all CBP
officers will be able to identify a potential agricultural or
other anomaly and then refer it for secondary inspection.
Additionally, follow-up training is provided in the field. The
Committee notes the significant contribution made by these
specialists to the safety of the Nation's food and agriculture
systems and encourages the Department to provide the highest
standards of training in detecting possible threats to the
Nation's food supply for all CBP officers.
IMPORT SAFETY AND TRADE ENFORCEMENT
The Committee notes that an Action Plan on Import Safety
developed in support of Executive Order 13439 calls for an
increase in staffing levels to carry out commercial operations
and adequately staff priority trade areas. The Committee
includes $9,340,000 and 103 positions, as requested by the
President.
LAW ENFORCEMENT OFFICER RETIREMENT
The Committee recommends $225,000,000, as requested, to
fully fund the law enforcement officer retirement program for
CBP officers enacted into law in section 535 of Public Law 110-
161.
AIR AND MARINE STAFFING
Included in the amount recommended by the Committee is a
total of $309,629,000, 2,015 positions, and 1,943 FTE. This
represents an increase of $19,115,000, 144 positions, and 72
FTE, above the fiscal year 2009 level, as requested in the
budget. This includes 88 additional law enforcement and 56
support personnel at our Northern, coastal, and Southeast/
Caribbean borders and builds on the Congress's multi-year
effort to add resources to protect our land and marine borders.
WESTERN HEMISPHERE TRAVEL INITIATIVE
The Western Hemisphere Travel Initiative [WHTI] became
fully operational on June 1, 2009. In order to ensure that
progress continues to be made on this program, the Committee
recommends a total of $144,936,000 and 294 positions, as
requested in the budget. This is an increase above the fiscal
year 2009 level of $20,900,000, 89 positions, and 45 FTE. The
Committee directs the Office of Policy to provide semiannual
briefings on the status of WHTI implementation beginning no
later than 30 days after the date of enactment of this act.
SECURITY AND TARGETING SYSTEM ENHANCEMENTS
The Committee notes the President's budget proposed
increases to enhance various CBP security and targeting
systems. The Committee includes $8,000,000, as requested, for
cyber security and passenger information system upgrades, and a
total of $26,355,000 and 153 positions, as requested, for
personnel to analyze and employ information and intelligence.
This is an increase of $2,848,000 and 22 positions over the
fiscal year 2009 level for the last activity.
DATA CENTER MIGRATION
As part of the Department-wide effort to assign data center
migration funding to the component agencies which will be
migrating, the Committee provides $33,650,000, in new funding
to support CBP's portion of this activity in fiscal year 2010,
$5,000,000 less than the request. The funds are reduced as not
all of the proposed activities would be accomplished in fiscal
year 2010.
UNACCOMPANIED ALIEN CHILDREN
The Committee notes the request includes no additional
funding for CBP's role in caring for and transporting
unaccompanied alien children [UACs] to Office of Refugee
Resettlement custody upon their apprehension by CBP officers or
agents. The conference report accompanying the ``Supplemental
Appropriations Act, 2009'' included $6,200,000 for CBP for this
purpose based upon estimated increased UAC requirements
resulting from the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457).
While the Committee provides no additional funding for this
activity for fiscal year 2010, the Committee directs CBP to
report not later than March 31, 2010, on the actual fiscal year
2009, and estimated fiscal year 2010, costs of care and
transportation of UACs.
TECHNOLOGY OVERSIGHT
The Committee recommends an additional $950,000, 9
positions, and 5 FTE above the request for the Office of
Information Technology for additional program oversight
personnel for large information technology development
programs. Without adequate oversight during the early phases of
complex development programs, the Committee is concerned that
programs can easily go off course, cost more, and take years
longer than originally planned. The Automated Commercial
Environment [ACE] development program is a prime example. With
the additional resources provided, it is expected that CBP will
devote three program control positions to oversight of ACE,
three program control positions to TECS Modernization, and the
remaining three positions to the Secure Border Initiative and
Tactical Communications.
INTELLECTUAL PROPERTY RIGHTS
The Committee believes a greater focus needs to be brought
to intellectual property rights [IPR] enforcement. CBP is
directed to submit by December 15, 2009, a 5-year enforcement
strategy to reduce IPR violations. The strategy shall include:
a timeline for developing improved targeting models
specifically for IPR, a timeline for implementing expanded
training for all enforcement personnel, recommendations for
strengthening penalties, a plan for creating an IPR component
as a part of the Importer Self Assessment program, and a
timeline for expanding post audit review for IPR.
CBP's on-line recordation process allows rights owners to
electronically record their trademarks and copyrights with CBP,
and makes IPR recordation information readily available to CBP
personnel, facilitating IPR seizures by CBP. CBP uses this
recordation information to actively monitor shipments and
prevent the importation or exportation of infringing goods. CBP
allows rights owners who have registered trademarks with the
Office of Patent and Trademark [PTO] and copyrights with the
Office of Copyright [CO] to record their rights with CBP.
While CBP enforces both recorded and non-recorded
trademarks and copyrights, enforcement of recorded trademarks
and copyrights takes precedence over those that are not
recorded with CBP. Given the precedence that CBP places on
recorded trademarks and copyrights, it is disturbing that CBP
has accomplished so little in establishing electronic links
between the systems maintained by the PTO and the CO to ease
the recordation process for trademark and copyright holders.
Therefore, from within the ``Salaries and Expenses'' account
request for the Office of Information Technology, $3,000,000 is
for developing and implementing an opt-in or voluntary
automated link between the Intellectual Property Rights e-
Recordation online system and systems maintained by PTO and CO
to allow rights holders to elect to record their rights with
CBP. Further, CBP is directed to submit to the Committees 90
days after the date of enactment of this act, a schedule with
major milestones for the project.
COMPLIANCE REVIEWS
CBP is directed to submit by December 15, 2009, a report on
compliance reviews conducted on bonded warehouses and foreign
trade zones. The report should include: the frequency of
reviews, percentage of warehouses and trade zones reviewed each
year, types of reviews conducted, and the frequency of adverse
actions.
CONTROL OF INVASIVE PLANT SPECIES
CBP shall provide semi-annual briefings to the Committee on
the progress made in implementing the strategy contained in the
Plan to Control Invasive Plant Species Along the Rio Grande
(June 2, 2009), until the completion of the strategy.
ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION
The Committee is concerned that the President's request
does not reference the need to continue to expand the
Electronic System for Travel Authorization [ESTA] program in
order to ensure that the airlines are fully participating in
the program. ESTA, authorized by the 9/11 Act, was developed in
order to address a weakness in our immigration control system
that could be exploited by terrorists: the fact that
individuals from Visa Waiver Program [VWP] nations are not
screened until they arrive at U.S. airports. However, because
the airlines are currently not participating in the program,
CBP has no way to ensure that individuals boarding airplanes
from Visa Waiver nations have been authorized to travel using
the ESTA system.
The Committee directs DHS to submit a strategic plan within
90 days of enactment to the Committee on Appropriations, the
Committee on Homeland Security and Governmental Affairs, and
the Committee on the Judiciary for fully implementing the ESTA
system to ensure that all individuals traveling to the United
States from Visa Waiver nations have their travel authorization
verified prior to boarding an airplane. The strategic plan will
include a detailed timeline with the specific actions that will
be taken to achieve the following milestones:
--Enrolling all travelers from VWP nations into the program;
--Incorporating the airlines into the ESTA program;
--Deploying ESTA technology to all VWP originating airports,
either through the use of standalone kiosks or through
the participation of the airlines;
--Verifying the travel authorizations of all VWP travelers
prior to their boarding an airplane for the United
States; and
--Making the program entirely fee-funded.
The ESTA strategic plan should also include an analysis of
the ESTA communications strategy and should make
recommendations for how this strategy can be improved to ensure
that all travelers in VWP nations are aware of the ESTA
requirements. This plan should also review ESTA's
administrative placement within DHS, its relationship with the
VWP office and US-VISIT, and make specific recommendations
about how these relationships could be improved and whether
merging the office with one of these components could generate
efficiencies.
FACILITIES MANAGEMENT
The Committee does not include the proposed consolidation
of facilities management in a separate account as requested in
the budget. In order to allow CBP more flexibility to address
rent management, all funds for rent are consolidated within the
``Headquarters Management and Administration at the Ports of
Entry'', and ``Headquarters Management and Administration
between the Ports of Entry'' PPAs. Further, all funds for lease
acquisition are consolidated within the ``Construction and
Facilities Management'' account.
Over time, the PPA structure for CBP, ``Salaries and
Expenses'' has not always met the needs of the Congress for
detailed oversight. CBP is directed to submit a report with the
fiscal year 2011 President's budget on a new PPA structure and
a detailed office by office expenditure plan. Taken together
these should provide greater detail on the funding of CBP.
The Committee recognizes that passenger vehicle and
commercial traffic at the Santa Teresa port of entry have
significantly increased, and encourages CBP to extend
commercial hours of operation at the port to midnight Monday
through Friday and to increase passenger vehicle hours of
operations to 24/7 daily.
VEHICLE REPLACEMENT
The Committee is disappointed that the President's budget
request falls more than $59,000,000 and 1,210 vehicles short of
meeting the 20 percent vehicle replacement requirement called
for in CBP's April 30, 2007, Vehicle Fleet Management Plan.
That plan recognized that CBP needs to institute a 5-year fleet
replacement cycle. Given the rugged terrain and extreme
conditions in which many CBP officers and agents work, this is
a safety as well as a management issue. The Committee directs
the Department to include in the fiscal year 2011 budget
submission sufficient funds as well as a plan to replace, at a
minimum, 20 percent of the vehicle fleet on an annual basis.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
(INCLUDING 10-PRINT)
The Committee is a strong supporter of the United States
Visitor and Immigrant Status Indicator Technology [US-VISIT]
program and recognizes the benefits it has brought to CBP's
ability to inspect international visitors at the Nation's ports
of entry while improving national security at the same time.
Since fiscal year 2003, US-VISIT has provided funding to CBP
for information technology operations and maintenance.
Beginning in fiscal year 2009, CBP has requested funding for
operations and maintenance of US-VISIT within its budget.
Consistent with the budget, this increase to CBP will provide
functionality critical to both US-VISIT and CBP in securing
entry to the United States at the ports of entry and providing
entry and exit information regarding aliens. The Committee
recommends $64,100,000, as requested in the budget, for this
activity.
ADVANCED TRAINING CENTER
Included in the amount recommended by the Committee is
$30,300,000, as proposed in the budget, to operate, equip, and
provide training at the Advanced Training Center.
Pursuant to Public Law 106-246, the training to be
conducted at the Center shall be configured in a manner so as
to not duplicate or displace any Federal law enforcement
program of the Federal Law Enforcement Training Center [FLETC].
Training currently being conducted at a FLETC facility shall
not be moved to the Center.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT
The Committee has ensured that, within the amounts provided
for in this account, there will be sufficient funds to
administer the on-going requirements of section 754 of the
Tariff Act of 1930 (19 U.S.C. 1675c), referenced in subtitle F
of title VII of the Deficit Reduction Act of 2005 (Public Law
109-171; 120 Stat. 154).
The Committee directs CBP to continue to work with the
Departments of Commerce and Treasury, and the Office of the
United States Trade Representative (and all other relevant
agencies) to increase collections, and provide a public report
on an annual basis, within 30 days of each year's distributions
under the law. The report should summarize CBP's efforts to
collect past due amounts and increase current collections,
particularly with respect to cases involving unfairly traded
U.S. imports from China. The report shall provide the amount of
uncollected duties for each antidumping and countervailing duty
order, and indicate the amount of open, unpaid bills for each
such order. In that report, the Secretary, in consultation with
other relevant agencies, including the Secretaries of Treasury
and Commerce, should also advise as to whether CBP can adjust
its bonding requirements to further protect revenue without
violating U.S. law or international obligations, and without
imposing unreasonable costs upon importers.
The Committee further directs the Secretary to work with
the Secretary of Commerce to identify opportunities for the
Commerce Department to improve the timeliness, accuracy, and
clarity of liquidation instructions sent to CBP. Increased
attention and interagency coordination in these areas could
help ensure that steps in the collection of duties are
completed in a more expeditious manner.
AGRICULTURAL PESTS
The Committee notes Hawaii's globally significant natural
environment, as well as the State's important diversified
agricultural industry, are uniquely vulnerable to the
introduction of invasive weeds, animals, insects, and diseases.
The Committee expects the Department to work with the USDA and
the Hawaii Department of Agriculture to share information and
expertise to ensure their respective inspection and quarantine
activities provide coordinated and collaborative biosecurity
protection for the State.
OUTER CONTINENTAL SHELF
CBP is charged with enforcement of the U.S. cabotage laws.
By virtue of the Outer Continental Shelf Lands Act [OCSLA] (as
amended through Public Law 106-580, December 29, 2000), the
coastwise laws apply to marine transportation between points
and places in the United States, including on the Outer
Continental Shelf [OCS]. There will continue to be significant
advances in current offshore energy exploration and production
technology aimed at providing more efficient production in
areas where OCS development occurs, while at the same time,
changing the face of what offshore production once looked like.
It is thus important that CBP interpret and apply OCLSA
correctly.
The prospect of renewable energy development on the OCS
continues to show promise as a means of meeting our Nation's
energy demand. Some of this development will probably occur on
the seabed. It is imperative that CBP ensures that the benefits
granted to the U.S. maritime industry under laws established by
Congress are recognized and enforced with respect to any
maritime transportation to and from the United States to such
installations.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses:
Headquarters Management and Administration:
Management and administration, border security 646,608 522,825 695,294
inspections and trade facilitation....................
Management and administration, border security and 622,550 497,675 723,919
control between port of entry.........................
Emergency Appropriations (Public Law 111-5)............ 60,000 .............. ...............
------------------------------------------------
Subtotal, Headquarters Management and Administration. 1,329,158 1,020,500 1,419,213
================================================
Border security inspections and trade facilitation at ports
of entry:
Inspections, trade and travel facilitation at ports of 2,093,988 2,255,210 2,269,078
entry.................................................
Harbor maintenance fee collections (trust fund)........ 3,154 3,226 3,226
International Cargo Screening.......................... 149,450 165,421 165,421
Other international programs........................... 10,984 11,181 11,181
Customs Trade Partnership Against Terrorism............ 64,496 62,612 62,612
Trusted Traveler Program (formerly Free and Secure 11,274 11,274 11,274
Trade [FAST]/NEXUS/SENTRI)............................
Inspection and detection technology investments........ 145,944 143,563 163,563
Emergency Appropriations (Public Law 111-5)............ 100,000 .............. ...............
Systems for targeting.................................. 32,550 32,560 32,560
National Targeting Center.............................. 24,481 26,355 26,355
Training............................................... 24,778 24,778 24,778
------------------------------------------------
Subtotal, border security inspections and trade 2,721,099 2,736,180 2,770,048
facilitation at ports of entry......................
================================================
Border security and control between ports of entry:
Border security and control................................ 3,426,455 3,505,008 3,525,008
Training................................................... 74,815 51,751 51,751
------------------------------------------------
Subtotal, border security and control between ports of 3,501,270 3,556,759 3,576,759
entry...................................................
================================================
Air and Marine operations, personnel compensation and benefits. 271,679 309,629 309,629
------------------------------------------------
Total, Salaries and Expenses............................. 7,763,206 7,623,068 8,075,649
================================================
Appropriations........................................... 7,603,206 7,623,068 8,075,649
Emergency Appropriations (Public Law 111-5).............. 160,000 .............. ...............
----------------------------------------------------------------------------------------------------------------
AUTOMATION MODERNIZATION
Appropriations, 2009.................................... $511,344,000
Budget estimate, 2010................................... 462,445,000
Committee recommendation................................ 462,445,000
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 $462,445,000, to be available
until expended, as proposed in the budget, for automation
modernization. The Committee is disappointed the request
reduced the resources available to ACE from the fiscal year
2009 level. However, in light of the continued problems with
program oversight, management, and development, the Committee
agrees the reduction is appropriate and believes that CBP
should take this opportunity to address and resolves these
problems.
INTERNATIONAL TRADE DATA SYSTEM
Included in the amount recommended is $16,000,000 for the
International Trade Data System.
EXPENDITURE PLAN
The Committee is pleased with the level of detail and
discipline which has been displayed in recent ACE expenditure
plans. The Committee includes bill language making not less
than $167,960,000 available for development of ACE upon the
submission of a comprehensive expenditure plan for the program.
The Committee also expects to continue receiving the ACE
quarterly reports.
TECS MODERNIZATION
The Committee is pleased that the TECS (formerly the
Traveler Enforcement and Compliance System) modernization
program, conducted jointly with ICE, is proceeding effectively.
The Committee directs CBP and ICE to continue to conduct the
semiannual joint briefings for the Committee.
COMMITTEE RECOMMENDATION
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Automated Commercial Environment/International Trade Data 316,851 267,960 267,960
System [ITDS]............................................
Automated commercial system and current operations and 194,483 194,485 194,485
processing support.......................................
-----------------------------------------------------
Total, Automation modernization..................... 511,334 462,445 462,445
----------------------------------------------------------------------------------------------------------------
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
Appropriations, 2009\1\................................. $875,000,000
Budget estimate, 2010................................... 779,452,000
Committee recommendation................................ 800,000,000
\1\Includes $100,000,000 provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
The Border Security, Fencing, Infrastructure, and
Technology account funds the capital procurement and total
operations and maintenance costs associated with fencing,
infrastructure, sensors, surveillance, and other technology.
COMMITTEE RECOMMENDATION
The Committee recommends $800,000,000, and 200 FTE,
$20,548,000 above the request, for this activity. These
additional funds shall be used to expedite the P25 tactical
communications modernization plan to the next Border Patrol
sector in the plan as well as further the technology design
planning efforts for Secure Border Initiative [SBI] activities
in Arizona. The Committee expects that the tactical
communications program will continue to be evaluated and
coordinated with the Office of Information Technology funded in
``Salaries and Expenses''. The expenditure plan for the use of
the recommended $800,000,000 shall provide specific details for
these additional activities as well as an evaluation of
opportunities to add key technology development and
demonstrations for the launch of Block 2 of the SBI plan.
SECURE BORDER INITIATIVE
The Committee continues to strongly support SBI and the
multi-faceted approach of securing our borders via a web of
pedestrian fencing, tactical infrastructure, vehicle barriers,
ground sensors, and cameras, in addition to more Border Patrol
agents and increased enforcement of our immigration laws.
Focusing on only one of these critical tasks is a recipe for
failure. By providing $800,000,000 for fiscal year 2010, when
combined with the total of $875,000,000 appropriated to this
account in fiscal year 2009, the Committee will have provided
over $4,088,017,000 for border security fencing,
infrastructure, and technology since fiscal year 2007. Included
in the recommendation is $40,000,000 for Northern Border
Technology as requested.
Since fiscal year 2006 through the end of May 2009, CBP has
increased the miles of Southwest border under effective control
from 345 to 697. The Committee supports the Secretary's
continued reconsideration and evaluation of the proper mix of
tactical infrastructure, including physical fencing, and
technology that will best meet the operational requirements of
the Border Patrol to efficiently and effectively obtain control
of our borders. Additionally, the Committee provides the
Secretary with the flexibility to determine the proper mix and
location of these border security activities along the Nation's
borders--Northern, Southern, and maritime. Again, we must
remind all of those involved in this effort, those who would do
us harm will seek entry through other, less secure parts of our
border after tightening security in one location.
The Committee is pleased the new administration is
continuing to support securing the border through the proven
triumvirate of fencing and tactical infrastructure, technology,
and boots on the ground. The new SBI Program Management Office
team has taken a second look at the technology projects and is
holding the contractors and other developers to higher
standards. These efforts have pushed back the deployment
schedule somewhat, but it is important to get it done right.
MOBILE SURVEILLANCE SYSTEMS
The Committee is aware of the problems encountered in the
field with the Mobile Surveillance Systems [MSS] and encourages
CBP to ensure that the next generation of MSSs acquired are
fully ruggedized and ready to withstand high tempo operations
in extreme environments.
EXPENDITURE PLAN
The Committee understands that the new administration
needed to take a fresh look at how the current fiscal year's
funds were being allocated which resulted in a delay in
delivering the legislatively mandated expenditure plan to
Congress. However, the Committee expects a timely submission of
the plan mandated in this bill. It is the responsibility of
CBP, the Department, and the Office of Management and Budget to
ensure expenditure plans, when submitted, comply with the law.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Development and deployment................................ 505,000 494,000 514,548
Operations and maintenance................................ 150,000 200,000 200,000
Program management........................................ 120,000 85,452 85,452
Emergency Appropriations (Public Law 111-5)........... 100,000 ................ ................
-----------------------------------------------------
Total, Border Security Fencing, Infrastructure, and 875,000 779,452 800,000
Technology.........................................
----------------------------------------------------------------------------------------------------------------
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
Appropriations, 2009.................................... $528,000,000
Budget estimate, 2010................................... 505,826,000
Committee recommendation................................ 515,826,000
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 $515,826,000, to remain available
until expended, for air and marine interdiction, operations,
maintenance, and procurement.
The Committee strongly supports CBP's efforts to
recapitalize its air and marine assets. Since fiscal year 2005,
the Congress has appropriated over $3,074,000,000 to this
account. Chief among these efforts has been the establishment
of five northern border air branches located at strategic
locations along the border, the operational testing and
procurement of unmanned aerial systems in the desert Southwest,
as well as the testing of these systems in the maritime
environment and the expansion of their use on the northern
border, and the new focus on a robust marine program, both
coastal and riverine. Certain gaps remain to be filled, such as
facilities improvements at smaller air locations and expansion
of the marine program to additionally planned locations, but
progress is being made. The Committee notes the difficulty in
procuring certain types of aircraft and other air systems
because of the need to compete with the Department of Defense
for these systems in a time of war, but AMO has been creative
in its use of multi-purchase awards and deserves to be
commended.
MARINE VESSELS
Included in the amount recommended by the Committee is a
total of $16,500,000, an increase of $10,000,000 above the
request, for the competitive procurement of additional marine
vessels, including interceptors, coastal enforcement craft, and
riverine vessels. Prior to the obligation of these additional
funds, the Committee directs the Secretary to submit an
expenditure plan to the Committees on Appropriations not later
than 60 days after the date of enactment. Since 2007, combined
with these additional resources, air and marine will have
increased its marine and riverine assets by 89 vessels toward a
revised strategic investment plan for 253 vessels.
UNMANNED AERIAL SYSTEMS
The Committee notes the important role that CBP's unmanned
aerial systems [UAS] play in securing our borders. CBP has 6
operational UAS's, with one more to be purchased before the end
of fiscal year 2009, and plans to expand UAS operations into
the maritime drug source and transit zones before the end of
this fiscal year. The Committee strongly supports this program
and has included a general provision, as requested, directing
the Secretary to consult with the Secretaries of Defense and
Transportation to continue the development of a concept of
operations for UASs in U.S. airspace that was begun during the
current fiscal year.
P-3 SERVICE LIFE EXTENSION
The Committee funds the request for two additional P-3
maritime patrol aircraft wing sets as part of the ongoing P-3
service life extension program. The Committee notes that these
aircraft play a major role in our Nation's drug and migrant
interdiction effort and is pleased to learn that 9 P-3s will be
in operation by the end of this fiscal year and a total of 11
P-3s will be in operation by the end of fiscal year 2010.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and maintenance................................ 380,022 374,217 374,217
Procurement............................................... 147,978 131,609 141,609
-----------------------------------------------------
Total, Air and Marine Interdiction, Operations, 528,000 505,826 515,826
Maintenance, and Procurement.......................
----------------------------------------------------------------------------------------------------------------
CONSTRUCTION AND FACILITIES MANAGEMENT
Appropriations, 2009\1\................................. $823,201,000
Budget estimate, 2010\2\................................ 678,633,000
Committee recommendation................................ 316,070,000
\1\Includes $420,000,000 provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
\2\The budget proposes a new ``Facilities Management'' account into
which all CBP construction, GSA rent, and program management would be
funded.
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 $316,070,000 for construction and
facilities management activities of U.S. Customs and Border
Protection [CBP], to be available until expended.
FACILITIES MANAGEMENT
The Committee does not include the proposed consolidation
of facilities management in a separate account. In order to
allow CBP more flexibility in addressing rent management, all
funds for rent are consolidated within the ``Headquarters
Management and Administration at the Ports of Entry'', and
``Headquarters Management and Administration between the Ports
of Entry'' PPAs. Further, all funds for construction, planning,
renovation, equipping and maintaining buildings and facilities,
tunnel remediation, and lease acquisition are consolidated
within ``Construction and Facilities Management''.
ADVANCED TRAINING CENTER
The Committee provides $5,955,000, as requested in the
budget, for maintenance, repairs, and operations activities for
the Advanced Training Center [ATC]. The Committee also
recommends $39,700,000 to equip, furnish, and expand the
Leadership Academy as envisioned in the ATC Master Plan which
was submitted to the Committee on April 4, 2007, by the
Department of Homeland Security Under Secretary for Management.
The ATC opened in September 2005. It provides advanced training
to more than 3,200 CBP law enforcement personnel, managers, and
supervisors per year and will train approximately 4,000 per
year by the end of 2010.
BORDER FACILITIES CONSTRUCTION BACKLOG
The Congress provided a total of $720,000,000 in the
Stimulus Act to address the more than $6,500,000,000 backlog in
port of entry [POE] construction. Additionally, Congress has
appropriated more than $597,220,000 in construction funds to
address the Border Patrol's requirements for more space
resulting from the significant increase in agents in the past 5
years. The Committee is disappointed that no new construction
projects were requested in the budget. These ports are vital to
the Nation's economy and imports from Mexico and Canada
entering through these facilities was more than
$570,000,000,000 in fiscal year 2008 and represents
approximately 25 percent of all imports into the United States.
There are many land border POEs and Border Patrol stations
which require near-term expansion and upgrades. The Committee
directs CBP to submit a revised construction plan no later than
60 days after the date of enactment of this act. The plan shall
include updates on the use of the funds provided in this act,
as well as prior years' acts, for construction projects CBP-
wide.
The Committee is disappointed that CBP, GSA, and OMB had
ample time to produce and submit with the budget the 5-year
construction plan for land border POE construction mandated in
the fiscal year 2009 act, yet failed to do so. The Committee
again has included bill language requiring CBP, in consultation
with GSA, to include the 5-year construction plan with the
fiscal year 2011 request. The plan shall include a yearly
update of total projected future funding needs.
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) to 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.
BORDER PATROL CONSTRUCTION
The Committee notes that, as a result of an operational
decision made by the Border Patrol, no funds have been
requested in the budget for site, design, or construction of
permanent checkpoints on the northern border.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
CONSTRUCTION AND FACILITIES MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Major Construction........................................... 256,286 ............... ...............
Air and Marine Facilities.................................... 16,600 ............... ...............
Housing...................................................... 15,000 ............... ...............
CBP Owned Land Ports of Entry................................ 10,000 ............... ...............
Advanced Training Center..................................... 39,700 ............... ...............
Operations and Maintenance................................... 17,600 ............... ...............
Repairs and Alterations...................................... 24,400 ............... ...............
Lease Acquisition............................................ 21,600 ............... ...............
Planning..................................................... 2,015 ............... ...............
Facilities Construction and Sustainment:
Major Construction....................................... ............... ............... 39,700
Maintenance, Repairs, and Operations..................... ............... 111,320 111,320
Alterations--Includes Alterations for Leased Space....... ............... 84,837 84,837
HQ Mission Support--Includes Leased Space................ ............... 35,456 35,456
Tunnel Remediation....................................... ............... 7,744 7,744
Program Oversight and Management............................. ............... 37,013 37,013
Rent......................................................... ............... 402,263 ...............
Emergency Appropriations (Public Law 111-5).................. 420,000 ............... ...............
--------------------------------------------------
Total, Construction and Facilities Management.......... 823,201 678,633 316,070
----------------------------------------------------------------------------------------------------------------
U.S. Immigration and Customs Enforcement
SUMMARY
U.S. Immigration and Customs Enforcement is responsible for
enforcing immigration and customs laws, detaining and removing
deportable or inadmissible aliens, and providing security of
Federal buildings and property.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $5,749,900,000,
including direct appropriations of $5,445,100,000, and
estimated fee collections of $304,800,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 4,927,210 5,348,000 5,360,100
Automation modernization.............................. 57,000 110,000 85,000
Emergency Appropriations (Public Law 111-5)........... 20,000 ................ ................
Construction.......................................... 5,000 ................ ................
-----------------------------------------------------
Total, Appropriations............................... 5,009,210 5,458,000 5,445,100
=====================================================
Estimated Fee Collections:
Immigration inspection user fees...................... 119,000 109,800 109,800
Student exchange visitor program fees................. 120,000 120,000 120,000
Immigration breached bond/detention fund.............. 60,000 75,000 75,000
Federal Protective Service\1\......................... 640,000 ................ ................
-----------------------------------------------------
Total, Estimated fee collections.................... 939,000 304,800 304,800
=====================================================
Total, Available funding............................ 5,948,210 5,762,800 5,749,900
=====================================================
Appropriations...................................... 4,989,210 5,458,000 5,445,100
Emergency Appropriations (Public Law 111-5)......... 20,000 ................ ................
----------------------------------------------------------------------------------------------------------------
\1\Fully funded by offsetting collections paid by General Services Administration tenants and credited directly
to this account. The budget proposes to transfer this activity to the National Protection and Programs
Directorate.
SALARIES AND EXPENSES
Appropriations, 2009.................................... $4,927,210,000
Budget estimate, 2010................................... 5,348,000,000
Committee recommendation................................ 5,360,100,000
The U.S. Immigration and Customs Enforcement [ICE] Salaries
and Expenses account provides funds for the enforcement of
immigration and customs laws, intelligence, and detention and
removals. In addition to directly appropriated resources,
funding is derived from the following offsetting collections:
Immigration Inspection User Fees.--ICE derives funds from
user fees to support the costs of detention and removals in
connection with international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Student Exchange Visitor Program Fees.--ICE collects fees
from foreign students, exchange visitors, and schools and
universities to certify and monitor participating schools, and
to conduct compliance audits.
Immigration Breached Bond/Detention Fund.--ICE derives
funds from the recovery of breached cash and surety bonds in
excess of $8,000,000 as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356); and from a portion of fees
charged under section 245(i) of the Immigration and Nationality
Act to support the cost of the detention of aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,360,100,000, for salaries and
expenses of U.S. Immigration and Customs Enforcement [ICE] for
fiscal year 2010. This includes decreases from the fiscal year
2009 level of $150,000,000 for 2-year availability for Secure
Communities and total increases from the fiscal year 2009 level
of $272,740,000 for pay, annualizations, transfers, and other
increases, as proposed in the budget.
The Committee includes bill language placing a $35,000
limit on overtime paid to any employee; making up to $7,500,000
available for special operations; making up to $1,000,000
available for the payment of informants; making up to
$11,216,000 available to reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens; making not less than
$305,000 available for promotion of public awareness of the
child pornography tipline and anti-child exploitation
activities; making not less than $5,400,000 available to
facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act; limiting the use of funds for
facilitating agreements consistent with section 287(g) of the
Immigration and Nationality Act to the same activities funded
in fiscal year 2005; making $15,770,000 available for
activities to enforce laws against forced child labor, of which
$6,000,000 shall remain available until expended and making
$6,800,000 available until expended for the Visa Security
Program.
SOUTHWEST BORDER ENFORCEMENT INITIATIVE
The budget proposes a new Southwest Border Enforcement
Initiative of $70,000,000, 349 positions, and 176 FTE, to
enhance current efforts to identify criminal activities and
eliminate vulnerabilities that pose a threat to our Nation's
borders. This effort is acutely focused on our Southwest border
with Mexico where the level of drug cartel violence has
increased substantially since the Government of Mexico began to
aggressively combat the drug trafficking organizations
threatening Mexico and the Americas. More than 7,200
individuals have been killed in Mexico and the U.S. Deputy
Attorney General testified on March 25, 2009, that drug cartels
have become the number one organized crime threat in America.
The Department of Justice's December 2008 ``National Drug
Threat Assessment, 2009'' stated that these cartels have
infiltrated 230 cities across the country.
In support of the Mexican Government's actions and to
respond to this violence and prevent its spilling over into the
United States, the administration has taken significant steps
to send additional personnel and resources both to the
Southwest border as well as the Government of Mexico. The
Department of Homeland Security redirected $184,000,000 in
existing resources to send more Border Patrol agents and other
security personnel to conduct outbound examinations of vehicle
and containers to stem the smuggling of weapons and cash which
support the cartels. Additionally, the conference report
accompanying the ``Supplemental Appropriations Act, 2009''
provides $55,000,000 to ICE and $40,000,000 to CBP in new
funding to support these efforts.
These funds will be used to increase enforcement at ICE's
Border Enforcement Security Task Forces [BESTs] targeting
human, contraband, weapons, and bulk cash smuggling as well as
investigations related to benefit fraud, money laundering, and
identity theft, with a focus on terrorist groups, criminal
aliens, and gangs. They will also be used to hire more criminal
investigators within the Office of International Affairs and
significantly expand Office of Intelligence operations with 90
new Intelligence Officers to support the BESTs, the Border
Field Intelligence Groups, and the Border Violence Intelligence
Cell at the El Paso Intelligence Center.
The Committee recommends an additional $45,000,000, 230
positions, and 119 FTE, above the request to further build upon
this effort. Specifically, $20,000,000 is for additional
support to the Southwest border and seaport BESTs. An
additional $20,000,000 is for support for counter-proliferation
and gang investigations. These funds would be focused on
expanding ``Operation Armas Cruzadas'' which focuses on
identifying and disrupting illicit trans-border activities
which support weapons smuggling networks, both across the
border with Mexico as well as global weapons smuggling
networks. The funding for gang investigations would be directed
at disrupting and dismantling transnational street gangs,
encountered in the course of ICE investigations, which
distribute drugs in the U.S. supplied by Mexican drug
trafficking organizations. Gangs such as MS-13, Latin Kings,
Surenos, and 18th Street potentially put at peril the lives of
U.S. citizens. Finally, $5,000,000 is provided to augment bulk
cash smuggling investigations and will provide enhanced
training, investigations, and interdiction operations. Bulk
cash illicitly crossing the border is laundered and supports a
wide network of terrorists, narcotics smugglers, and human
traffickers involved in transporting aliens into the United
States illegally, abetting child sex tourism, and human
slavery.
These funds will also assist DHS in implementing its part
of the President's multi-agency ``National Strategy to Reduce
Drug Trafficking and Flow of Bulk Cash and Weapons across the
Southwest Border'' announced on June 5, 2009.
The Committee is aware that the Department of Justice's
[DOJ] ``Operation Gunnrunner'' complements in many ways ICE's
``Operation Armas Cruzadas''. The use of ballistics technology
and other methods to trace crime guns can assist in weapons
smuggling investigations and tracking. The Committee urges ICE
to work with DOJ on these investigations and to consider using
the National Ballistics Information Network in this effort.
ICE ENFORCEMENT PRIORITIES
Over the past 2 years, Congress has emphasized that ICE has
multiple immigration enforcement priorities. Among the
priorities identified by Congress are conducting worksite
enforcement investigations and identifying foreign-born
individuals who have been convicted of crimes and sentenced to
imprisonment and removing those individuals once they have been
judged deportable by the immigration court system.
Enforcement of customs laws, using immigration and customs
authorities, is also an ICE enforcement priority. As the
Director of the ICE Office of Investigations, stated in
testimony before the House Homeland Security Appropriations
Subcommittee on April 2, 2009, ``ICE's experience in the
investigation of the conduct of border crime reveals that the
criminal organizations who exploit our immigration and trade
systems do so for one reason: profit. Each day, these
organizations smuggle contraband, people, and goods--whatever
the market will bear. Thus, while immigration enforcement is a
key component of ICE's mission, we cannot and do not establish
enforcement priorities in a stove-piped fashion. Instead, we
target the organizations who exploit our legitimate trade,
travel, and financial systems with all our enforcement.'' The
Director concluded by stating, ``ICE has designed programs and
initiatives to address the Nation's national security and
public safety concerns. Applying both our immigration and
customs authorities, which target the illicit flow of people,
goods, and money, ICE can effectively address all types of
cross border criminal activity, which makes our homeland safer
for everyone, citizens and immigrants alike.''
Just as CBP must stop the entry into the United States of
contraband people and goods, while also facilitating the flow
of legitimate trade and commerce, so ICE must also maintain a
balance of enforcing immigration and customs laws while also
protecting the country by removing those individuals who are
here illegally.
MANAGEMENT AND ADMINISTRATION--IMPROVED INTEGRITY OVERSIGHT
Over the last 3 years, ICE has hired over 5,100 new
personnel, a 17 percent increase since fiscal year 2006. In
order to support long-term border security efforts and avoid
fraud, the Committee believes it is important to keep in front
of any possible increase in workforce fraud by hiring
additional agents who will investigate cases of fraud and other
illegal activities.
The Office of Professional Responsibility [OPR]
investigates all Inspector General-referred allegations of
criminal misconduct by ICE and CBP employees. ICE and CBP have
sensitive missions, including preventing the flow of drugs,
dangerous goods, and illegal immigrants into the country, and
sensitive technology and weapons out of it. To ensure the
continued integrity of the workforce, growth in ICE staffing
should be matched by commensurate growth in OPR. The Committee
recommends a total of $94,104,000 and 462 FTE to perform
workforce integrity investigations and training, detention
facility inspections, ICE field office management inspections,
and physical security management inspections. This is an
increase of $14,988,000 and 33 FTE over the fiscal year 2009
level, and $2,100,000 and 4 FTE over the request. This will
provide for $80,837,000 to conduct integrity investigations,
including additional funds for ICE to expand its OPR presence
along the Southwest border.
LAW ENFORCEMENT SUPPORT CENTER
Included in the amount recommended by the Committee is a
total of $34,990,000, 316 positions, and 316 FTE, as requested
in the budget, to assist in responding to increased requests
for assistance from State and local law enforcement officers.
The Committee notes that during fiscal year 2009 ICE
aggressively took steps to fill the large number of staffing
vacancies at the Law Enforcement Support Center [LESC] by
upgrading staff position types and pay. The Committee urges ICE
to maintain a robust LESC staffing level and to alert the
Committee if large staffing vacancy rates return.
CO-LOCATION OF ICE FACILITIES
At its creation in 2003, ICE inherited approximately 450
leases, covering 5,800,000 square feet, at an annual rent of
$167,000,000. Since then, the ICE workforce has grown by 26
percent and the ICE space acquisition policy is to acquire
space ``as needed''. Thus there are now over 655 leases,
covering 6,400,000 square feet, with an annual rent of
$225,000,000. Working with the General Services Administration,
ICE has developed a co-location strategy with a goal of
decreasing ICE lease holdings by 88 percent over the next 5
years. ICE could save in excess of $200,000,000 and move from
455 leases in 55 metropolitan areas to just 56 leases in those
same areas by fiscal year 2015. The Congress provided
$7,000,000 to initiate this effort in fiscal year 2009. The
Committee includes an additional $57,000,000, an increase of
$50,000,000 above the fiscal year 2009 level, and a reduction
of $35,000,000 from the request, to continue this important
management initiative.
OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION
The Committee recommends $168,103,000, 125 positions, and
105 FTE, an increase of $11,600,000, 40 positions, and 20 FTE,
as requested, for the Office of State and Local Government
Coordination. Included in this amount is funding for increased
training and information technology assistance for participants
in the 287(g) program.
The Committee notes that the 287(g) program is a voluntary,
not mandatory, program through which communities which chose to
join enter into discussions with ICE to determine the proper
fit for the individual community and ICE. The Committee also
intends that the appropriate accountability and training
standards are adhered to by participating communities and has
provided sufficient resources, as requested in the budget, to
ensure that these standards are met.
FORENSICS DOCUMENT LAB
The Committee recommends $14,357,000, 80 positions, and 77
FTE, as requested, for the Forensics Document Lab [FDL]. The
FDL provides forensic document analysis and operations support
services to combat travel and identity document fraud. Included
in this amount is funding for additional staffing and equipment
to support the Southwest Border Initiative.
DATA CENTER MIGRATION
As part of the Department-wide effort to assign data center
migration funding to the component agencies which will be
migrating, the Committee recommends $23,850,000, 4 positions,
and 4 FTE, in new funding to support ICE's portion of this
activity in fiscal year 2010, $10,000,000 below the request.
The funds are reduced as not all of the proposed activities
would be accomplished in fiscal year 2010.
INVESTIGATIONS--WORKSITE ENFORCEMENT
Worksite enforcement must remain an immigration enforcement
priority activity for ICE and the Department as a whole. The
Committee is pleased that through fiscal year 2008, ICE
continued to aggressively conduct worksite enforcement actions
and achieve increases in both criminal and administrative
arrests. The new worksite enforcement guidelines issued by the
Secretary state that, ``The prospect for employment in the
United States continues to be one of the leading causes of
illegal immigration, creating a market for criminal smuggling
organizations who exploit people willing to pay high fees and
take great risks to enter the United States without
detection.'' The Committee said much the same thing in its
report accompanying the Senate version of the fiscal year 2009
bill when it said, ``By turning off the spigot of cheap labor
and taking action against unscrupulous employers who exploit
illegal aliens, we can begin to stem the tide of illegal
immigration.''
The Department's guidance goes on to state that, ``the
administrative arrest of the illegal workforce under ICE's
existing immigration authorities continues to be an integral
aspect of the overall ICE worksite enforcement strategy.'' The
Committee notes that the Secretary has promised to continue
worksite enforcement actions against both employers and
employees, and has requested a slight increase in the budget
for this activity. The Committee recommends a total of
$138,778,000 for worksite enforcement. The $10,000,000 above
the request is for 100 positions, 50 FTE, for forensic auditors
to increase targeting of criminal employers and critical
infrastructure locations. The Committee will pay careful
attention to the implementation of this new guidance and
requests quarterly briefings on worksite enforcement activities
in general and specifically on how these funds are being used.
VISA SECURITY PROGRAM
The Visa Security Program, mandated in section 428 of the
Homeland Security Act of 2002 (Pubic Law 107-296), extends the
border overseas to prevent terrorists and other criminals from
receiving U.S. visas. The Office of International Affairs has
developed a 5-year expansion plan which includes a prioritized
expansion to the 32 highest-risk visa issuing posts. According
to the plan, the program will cover approximately 75 percent of
the highest risk visa activity posts by 2013. The Committee
recommends a total of $30,186,000, 71 positions, and 67 FTE for
the Visa Security Program, as requested.
OFFICE OF INVESTIGATIONS--MISSION SUPPORT STAFFING
The Committee is aware that under the ICE Office of
Investigations [OI] workforce template, OI has a current
deficit of 805 mission support positions. A negative
consequence of not having additional support personnel requires
agents to perform administrative functions, taking time away
from investigation of transnational and border crime. The
budget request begins to narrow this gap, and the additional
funds provided by the Committee ensure that mission support
positions are also filled. The Committee urges inclusion of
additional funding in the fiscal year 2011 budget request to
further close this gap in support staffing.
ICE INTELLIGENCE
The Committee is pleased with the manner in which the
Office of Intelligence has expanded and staffed its Field
Intelligence Groups. These groups are anticipated to meet or
exceed their optimal 50 percent staffing levels for
intelligence research specialists and program analysts. As
noted above, ICE's BEST teams along the borders and at the
seaports make great use of these specialists and the personnel
increases funded in this bill will help to ensure that the
BESTs are used to their greatest capacity. The Committee
directs ICE to provide an Intelligence staffing briefing no
later than 60 days after the date of enactment of this act.
DETENTION AND REMOVAL--CUSTODY OPERATIONS (BEDS)
Maintaining an adequate number of detention beds is
critical to ensuring the integrity of our detention and removal
system while at the same time preventing a return to the ill-
advised ``catch and release'' policy. We must ensure that all
illegal aliens apprehended are removed from this country as
expeditiously as possible. The Committee is pleased to note
that in fiscal year 2008, ICE removed a total of 347,184
illegal aliens compared with 240,665 in fiscal year 2004. This
clearly demonstrates that the additional resources the Congress
has provided above the President's requests the past 5 fiscal
years for securing our borders is having an impact.
The Congress took the lead and added funding for additional
detention beds above the President's request the past 5 fiscal
years. The request includes $36,200,000 to annualize the beds
added by Congress in fiscal year 2009 and to fully support a
detention bed level of 33,400.
Bill language is included directing that a detention bed
level of 33,400 beds shall be maintained throughout fiscal year
2010.
DETENTION AND REMOVAL--ALTERNATIVES TO DETENTION
National security and public safety are ICE's first
priorities. To that end, ICE detains all illegal aliens who
pose a threat to community safety or national security, as well
as those required to be detained under the Nation's immigration
laws. The Alternatives to Detention [ATD] program was created
to enable ICE to maintain current detention levels and to
monitor aliens who are likely to comply, without detention,
with immigration proceedings. An excellent example of a
population for consideration for the use of ATD is families
with children. ATD is composed of two primary programs,
electronic monitoring and intensive supervision appearance. The
Committee recommends a total of $63,913,000, 171 positions, and
172 FTE, as requested in the budget. The Committee encourages
ICE to prioritize enrollment of families with children in this
program, to continue to use intensive supervision, and directs
ICE to brief the Committee semiannually on the program
beginning no later than 60 days after the date of enactment of
this act.
The Committee is aware that increased interior immigration
enforcement has resulted in families being separated. The
Committee directs the Department to analyze and report on the
feasibility of establishing procedures to ensure that data can
be collected and documented for the purposes of submitting a
quarterly report to the Committee which tracks the number of
deportation, exclusion, and removal orders sought and obtained
by ICE that involve verified alien parents of a U.S. citizen
child. The report should also provide a break down by district
in which the removal order was issued; by type of order
(deportation, exclusion, removal, expedited removal, and
others); by agency issuing the order; by the number of cases in
each category in which ICE has successfully removed the
verified alien parent; and by number of cases in each category
in which ICE has not removed the verified alien parent. The
analysis and report on the feasibility of establishing
procedures to ensure that data can be collected and documented
for reporting purposes shall be submitted not later than
December 15, 2009.
DETENTION AND REMOVAL--TRANSPORTATION AND REMOVAL
Included in the amount recommended by the Committee is
$281,878,000, as proposed in the budget, for all ICE-related
transportation and removal activities.
DETENTION AND REMOVAL--FUGITIVE OPERATIONS
Included in the amount recommended by the Committee is
$229,682,000, 677 positions, and 677 FTE, as proposed in the
budget. The National Fugitive Operations Program is responsible
for reducing the fugitive alien population in the United
States. As of May 2009, ICE estimates that there are
approximately 549,408 immigration fugitives in the United
States, a decrease of over 83,318 since October 2006. ICE works
to reduce the population of these fugitives from the law
through the use of Fugitive Operations teams. All 104 Fugitive
Operations teams are operational and conducting enforcement
operations.
DETENTION AND REMOVAL--CRIMINAL ALIEN PROGRAM
Included in the amount recommended by the Committee is
$192,539,000, 935 positions, and 932 FTE, as proposed in the
budget. ICE is funded for 126 Criminal Alien Program teams and
in fiscal year 2008 it charged over 210,000 aliens in jails.
SECURE COMMUNITIES
The Committee recommends $195,589,000, 552 positions, and
512 FTE, as requested, $45,589,000, 92 positions, and 46 FTE
above the fiscal year 2009 level. Congress initiated this
program in fiscal year 2008 and has provided total new funding
of $350,000,000 in the past 2 years. The Committee is pleased
that the administration has embraced this program as one of
many tools at its disposal to identify and remove illegal
aliens, including criminal aliens, and otherwise enforce our
Nation's existing immigration laws. With these additional
funds, Secure Communities plans to expand coverage by at least
50 counties during fiscal year 2010 to establish biometric
identification of arrested criminal aliens in over 140
counties. Secure Communities' threat-based deployment schedule
prioritizes those counties with the highest threat criminal
alien populations first, consisting primarily of counties in
major metropolitan areas throughout the country as well as all
counties along the southwest border. In fiscal years 2007 and
2008, 216,439 criminal aliens were removed after being
incarcerated. Secure Communities estimates that after deploying
to these counties, ICE will cover over 50 percent of the
Nation's criminal alien population. The Department anticipates
that, with continued funding, including redeployment of
existing resources, it will establish biometric identification
of arrested criminal aliens in all counties that are willing
and technically able to participate by the end of fiscal year
2012.
The Committee has included bill language ensuring that all
illegal aliens encountered when enforcing our immigration laws
are apprehended. The Committee also directs ICE 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 the level of
detail of the quarterly detention and removals report. The
first briefing should occur no later than 45 days after the
date of enactment of this act.
UNACCOMPANIED ALIEN CHILDREN
The Committee notes the request includes no additional
funding for ICE's role in caring for and transporting
unaccompanied alien children [UAC] to Office of Refugee
Resettlement custody upon their apprehension by ICE personnel.
The conference report accompanying the ``Supplemental
Appropriations Act, 2009'', includes $11,800,000 for ICE for
this purpose based upon estimated increased UAC requirements
resulting from the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457).
While the Committee includes no increased funding for this
activity for fiscal year 2010, the Committee directs ICE to
report not later than March 31, 2010, on the actual fiscal year
2009, and estimated fiscal year 2010, costs of care and
transportation of UACs.
DETENTION AND REMOVAL REPORTING
The Committee continues to request ICE to submit a
quarterly report to the Committee which compares the number of
deportation, exclusion, and removal orders sought and obtained
by ICE. The report should be broken down: by district in which
the removal order was issued; by type of order (deportation,
exclusion, removal, expedited removal, and others); by agency
issuing the order; by the number of cases in each category in
which ICE has successfully removed the alien; and by the number
of cases in each category in which ICE has not removed the
alien. The first fiscal year 2010 quarterly report is to be
submitted no later than January 15, 2010.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters Management and Administration:
Personnel Compensation and Benefits, services and other 203,076 321,850 288,950
costs...................................................
Headquarters Managed IT investment....................... 169,348 243,264 233,264
--------------------------------------------------
Subtotal, Headquarters Management and Administration... 372,424 565,114 522,214
==================================================
Legal Proceedings............................................ 215,035 221,666 221,666
==================================================
Investigations:
Domestic................................................. 1,519,208 1,615,551 1,666,551
International............................................ 106,741 112,872 112,872
Visa Security Program.................................... 26,800 30,186 30,186
--------------------------------------------------
Subtotal, Investigations............................... 1,652,749 1,758,609 1,809,609
==================================================
Intelligence................................................. 55,789 67,842 71,842
==================================================
Detention and Removal Operations:
Custody Operations....................................... 1,721,268 1,771,168 1,771,168
Fugitive Operations...................................... 226,477 229,682 229,682
Criminal Alien Program................................... 189,069 192,539 192,539
Alternatives to Detention................................ 63,000 63,913 63,913
Transportation and Removal Program....................... 281,399 281,878 281,878
--------------------------------------------------
Subtotal, Detention and Removal Operations............. 2,481,213 2,539,180 2,539,180
==================================================
Comprehensive Identification and Removal of Criminal Aliens.. 150,000 195,589 195,589
==================================================
Total, Salaries and Expenses........................... 4,927,210 5,348,000 5,360,100
----------------------------------------------------------------------------------------------------------------
FEDERAL PROTECTIVE SERVICE
As proposed in the budget, this activity has been moved to
the ``National Protection and Programs Directorate''.
AUTOMATION MODERNIZATION
Appropriations, 2009\1\........................ $77,000,000
Budget estimate, 2010................................... 110,000,000
Committee recommendation................................ 85,000,000
\1\Includes $20,000,000 provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
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 $85,000,000,
$28,000,000 above the fiscal year 2009 level, and $25,000,000
below the request. These funds are to remain available until
expended. The Committee includes bill language making
$10,000,000 available upon the submission of an expenditure
plan.
The Committee strongly supports ICE's automation
modernization efforts and in prior years has added funds above
the request when it believed the Department was not as
supportive of this critical agency function as it should have
been. The Committee also is pleased that ICE is making good
progress on the joint TECS modernization program with CBP. The
Committee fully funds TECS modernization and the ATLAS IT
infrastructure program. The Committee recognizes the importance
of ICE developing a state-of-the-art electronic health records
program and supports these efforts. With the reductions made to
the request, the Committee expects the submission of an
expenditure plan reflecting revised prioritization of ICE's
automation modernization activities not later than 45 days
after the date of enactment of this act. The Committee also
continues the requirement for semiannual briefings on this
activity.
CONSTRUCTION
Appropriations, 2009.................................... $5,000,000
Budget estimate, 2010...................................................
Committee recommendation................................................
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, detention, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee notes that the budget requests no funding for
ICE Construction as it is reviewing the possible privatization
of the Service Processing Centers which it owns. The Department
intends that carryover funds within the no-year Construction
account will be used for emergency repairs and alterations. The
Committee also notes that not funding this account will have no
impact on the ability of ICE to continue to detain illegal
aliens at thousands of other locations around the country.
The bill includes a general provision, requested in the
budget, providing ICE with the authority to dispose of ICE-
owned facilities and retain the receipts to provide repairs and
alterations to other facilities.
Because of large unobligated balances in this account, the
Committee includes a general provision rescinding $7,000,000 of
prior year balances.
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
$7,690,134,000 and a net of $5,312,134,000 for the activities
of TSA for fiscal year 2010.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
TRANSPORTATION SECURITY ADMINISTRATION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation Security......................................... 4,754,518 5,310,850 5,237,828
Emergency Appropriations (Public Law 111-5)............... 1,000,000 ................ ................
Aviation Security Capital Fund (mandatory)................ 250,000 250,000 250,000
Surface Transportation Security........................... 49,606 128,416 142,616
Transportation Threat Assessment and Credentialing (direct 116,018 191,999 171,999
appropriations)..........................................
Transportation Threat Assessment and Credentialing (fee- 40,000 28,000 28,000
funded programs).........................................
Transportation Security Support........................... 947,735 1,004,580 999,580
Federal Air Marshals...................................... 819,481 860,111 860,111
-----------------------------------------------------
Total, Transportation Security Administration 7,977,358 7,773,956 7,690,134
(gross)............................................
=====================================================
Offsetting Fee Collections................................ -2,320,000 -2,100,000 -2,100,000
Aviation Security Capital Fund (mandatory)................ -250,000 -250,000 -250,000
Fee accounts [TTAC]....................................... -40,000 -28,000 -28,000
-----------------------------------------------------
Total, Transportation Security Administration (net). 5,367,358 5,395,956 5,312,134
=====================================================
Appropriations...................................... 4,367,358 5,395,956 5,312,134
Emergency Appropriations (Public Law 111-5)......... 1,000,000 ................ ................
----------------------------------------------------------------------------------------------------------------
AVIATION SECURITY
Appropriations, 2009\1\................................. $5,754,518,000
Budget estimate, 2010................................... 5,310,850,000
Committee recommendation................................ 5,237,828,000
\1\Includes $1,000,000,000 provided in the American Recovery and
Reinvestment Act, 2009 (Public Law 111-5) for explosives detection
systems and checkpoint security improvements.
The Transportation Security Administration [TSA] aviation
security account provides for Federal aviation security,
including screening of all passengers and baggage, deployment
of on-site law enforcement, continuation of a uniform set of
background requirements for airport and airline personnel, and
deployment of explosives detection technology.
The aviation security activities include funding for:
Federal transportation security officers [TSOs] and private
contract screeners; air cargo security; procurement,
installation, and maintenance of explosives detection systems;
checkpoint support; and other aviation regulation and
enforcement activities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,237,828,000 for aviation
security, $73,022,000 below the amount requested and
$483,310,000 above the fiscal year 2009 level, excluding funds
appropriated in the Stimulus Act.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
AVIATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screening Operations................................... 3,935,710 4,475,117 4,395,195
Emergency Appropriations (Public Law 111-5)............ 1,000,000 ................. .................
Aviation Security Direction and Enforcement............ 798,808 835,733 842,633
Aviation Security Capital Fund (mandatory)............. [250,000] [250,000] [250,000]
Implementing Requirements of Public Law 110-53 (9/11 20,000 (\1\) (\1\)
Act)..................................................
Discretionary Fees (non-add):
General Aviation at DCA............................ [75] [100] [100]
Indirect Air Cargo................................. [200] [2,600] [2,600]
Certified Cargo Screening Program.................. ................. [5,200] [5,200]
Large Aircraft Security Program.................... ................. [1,600] [1,600]
Secure Identification Display Area Checks.......... ................. [10,000] [10,000]
Other Security Threat Assessments.................. ................. [100] [100]
--------------------------------------------------------
Total, Aviation Security......................... 5,754,518 5,310,850 5,237,828
========================================================
Appropriations................................... 4,754,518 5,310,850 5,237,828
Emergency Appropriations (Public Law 111-5)...... 1,000,000 ................. .................
----------------------------------------------------------------------------------------------------------------
\1\A total of $40,259,000 included within various appropriations.
AVIATION SECURITY FEES
The Congressional Budget Office, in its analysis of the
President's budget, has re-estimated collections from existing
aviation security fees to be $2,100,000,000. Of this amount,
$1,652,000,000 will be collected from aviation passengers and
$448,000,000 will be collected from the airlines.
SCREENING OPERATIONS
The Committee recommends $4,395,195,000 for TSA screening
operations, $79,922,000 below the amount requested and
$459,485,000 above the fiscal year 2009 level, excluding funds
appropriated in the Stimulus Act.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
SCREENING OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Privatized Screening Airports............................. 151,272 149,643 149,643
Passenger and baggage screener personnel, compensation and 2,716,014 2,788,575 2,758,575
benefits.................................................
Screener Training and Other............................... 197,318 203,463 203,463
Checkpoint Support........................................ 250,000 128,739 128,739
Explosives Detection Systems/Explosives Trace Detection
[EDS/ETD]:
EDS/ETD purchase and installation..................... 294,000 856,591 806,669
Screening technology maintenance and utilities........ 305,625 326,625 326,625
Operation integration................................. 21,481 21,481 21,481
-----------------------------------------------------
Subtotal, EDS/ETD systems........................... 621,106 1,204,697 1,154,775
=====================================================
Emergency Appropriations (Public Law 111-5)......... 1,000,000 ................ ................
-----------------------------------------------------
Total, Screening Operations......................... 4,935,710 4,475,117 4,395,195
=====================================================
Appropriations...................................... 3,935,710 4,475,117 4,395,195
Emergency Appropriations (Public Law 111-5)......... 1,000,000 ................ ................
----------------------------------------------------------------------------------------------------------------
PRIVATIZED SCREENING AIRPORTS
The Committee recommends $149,643,000 for privatized
screening airports, the same amount as requested in the budget
and $1,629,000 below the fiscal year 2009 level. This reduction
reflects cost savings in contracts that were recently
renegotiated. To date, nine airports and one heliport across
the country have chosen to use privatized screening in lieu of
Federal screening. The Committee is concerned with the current
acquisition process for the Screening Partnership Program,
which has led to considerable confusion among airports and
qualified security providers. The Committee is particularly
concerned with delays in transitioning to privatized screening
for the seven Essential Airport Service airports in Montana and
directs TSA to complete this competitive award no later than
July 15, 2009. The Committee expects the incoming Administrator
to prioritize the improvement of this process.
TSA is directed to approve applications for those airports
that are seeking to participate in the screening partnership
program when Government estimates indicate that contract
screening can be provided at that location in a cost-effective
manner. TSA shall notify the Committees 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 Committees within 10 days, to account for any
changes in private screening contracts, including new awards
under the screening partnership program, or the movement from
privatized screening into Federal screening.
PASSENGER AND BAGGAGE SCREENER PERSONNEL, COMPENSATION AND BENEFITS
The Committee recommends $2,758,575,000 for passenger and
baggage screener personnel, compensation, and benefits,
$30,000,000 below the amount requested and $42,561,000 above
the fiscal year 2009 level. The recommendation includes
requested adjustments for pay increases and the expansion of
the bomb appraisal officer program by 109 positions and 55 FTE.
The amount recommended under this heading includes
$211,861,214 for behavior detection officers in fiscal year
2010, an increase of $13,524,587 above the fiscal year 2009
level and $14,000,000 below the request. The intent of the
Screening Passengers by Observation Techniques [SPOT] program
is for behavior detection officers to observe passengers'
behavior, specifically for signs of hostile intent, and pull
those passengers aside for additional questioning and
screening. While TSA has dramatically increased the size and
scope of SPOT, resources are not currently tied to specific
program goals and objectives. TSA did not comply with a
requirement in Senate Report 110-396, which was to develop
improved performance measures for SPOT to justify such a large
ramp up in FTE and include them in fiscal year 2010
congressional budget justification. The Committee directs TSA
to report, no later than 60 days after the date of enactment of
this act, on: (1) the scientific basis for using behavior
pattern recognition techniques to observe airline passengers
for signs of hostile intent; (2) the effectiveness of the SPOT
program in meeting its goals and objectives; and (3) the
justification for expanding the program. The report shall be
made in a classified or unclassified format, as appropriate.
The Government Accountability Office [GAO] shall review the
report and provide its findings to the Committee no later than
120 days after the SPOT report is submitted to the Committee.
The Committee also includes a reduction of $16,000,000 from
the amount requested due to TSA's consistent carryover in this
account. TSA's carryover balance at the end of fiscal year 2008
was $129,761,111. TSA shall propose a budget account structure
in fiscal year 2011 that allows for a 1-year appropriation for
salaries and expenses.
SCREENER TRAINING AND OTHER
The Committee recommends $203,463,000 for screener training
and other, the same amount as requested in the budget and
$6,145,000 above the fiscal year 2009 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 allowance, hazardous
materials disposal, and a model workforce program. The
recommended amount includes requested adjustments for pay
increases, bottled liquids scanning equipment, and training to
support additional bomb appraisal officers.
The Committee encourages TSA to expand training and
continuing educational and professional development
opportunities to the TSA TSO workforce.
CHECKPOINT SUPPORT
The Committee recommends $128,739,000 for checkpoint
support, the same amount requested in the budget and
$121,261,000 below the fiscal year 2009 level. Funds are
provided to field test and deploy equipment for passenger
screening, carry-on baggage screening, checkpoint
reconfiguration, and electronic surveillance of checkpoints.
Since fiscal year 2007, $998,370,000 has been funded for
checkpoint screening technologies. Between the recommended
amount and unobligated prior-year balances, sufficient funding
is available for TSA to meet its goal of achieving full
operating capability of emerging technologies that can provide
significant improvements in threat detection at passenger
checkpoints. No later than September 30, 2010, TSA is to move
to a fully competitive procurement process for checkpoint
security equipment. TSA shall provide the Committee with
periodic updates on its progress to meet this requirement.
WHOLE BODY IMAGING
The Committee is encouraged by significant technological
advances made to checkpoint technologies that greatly increase
TSA's ability to detect concealed and non-metallic weapons and
explosives. It is critically important that these screening
technologies are deployed in order to address changing and
evolving threats to air passengers and crew members. While new
technologies provide greater protection to the traveling
public, it is equally necessary to safeguard privacy. Within 60
days after the date of enactment of this act, the Committee
directs TSA to report to the Committees on Appropriations the
details and strategy for a comprehensive program to ensure
passenger privacy related to Whole Body Imaging [WBI]. At a
minimum, this strategy should include: off-site monitoring;
adequate privacy safeguards by software or other means;
procedures to prohibit storing, transferring, or copying any
images produced by the machines; and a concept of operations
plan for those passengers that choose a physical search rather
than the WBI screening.
EXPLOSIVES DETECTION SYSTEMS
The Committee recommends $806,669,000 in discretionary
appropriations for the purchase and installation of explosives
detection systems/explosives trace detection at airports,
$49,922,000 below the amount requested in the budget and
$512,669,000 above the fiscal year 2009 level, excluding funds
appropriated in the Stimulus Act. TSA has already received
funding applications from 36 airports that could be funded with
this amount and is encouraging 22 other airports with near to
mid-term projects to apply. TSA has informed the Committee that
due to lower than expected costs for airports being funded with
appropriations from the Stimulus Act, several airports taking
part in the fiscal year 2010 funding application process will
be accelerated using funds previously appropriated. Therefore,
the Committee makes a modest reduction below the request level.
Within the funds provided, not less than 28 percent shall be
available to procure and deploy certified explosives detection
systems at medium- and small-sized airports. An additional
$250,000,000 in mandatory spending will be available for these
activities from Aviation Security Capital Fund fee collections.
No later than September 30, 2010, TSA is to move to a fully
competitive procurement process for EDS equipment. TSA shall
provide the Committee with periodic updates on its progress to
meet this requirement.
EXPENDITURE PLANS FOR EDS/CHECKPOINT TECHNOLOGIES
The Committee includes statutory language under the
Transportation Security Support appropriation restricting
$20,000,000 from being obligated for headquarters
administration until the Secretary submits to the Committee, no
later than 60 days after the date of enactment of this act,
detailed expenditure plans for checkpoint security and EDS
refurbishment, procurement, and installations on an airport-by-
airport basis for fiscal year 2010. TSA shall provide quarterly
updates on EDS and checkpoint expenditures, including specific
technologies for purchase, project timelines, a schedule for
obligation, and a table detailing actual versus anticipated
unobligated balances at the close of the fiscal year, with an
explanation of any deviation from the original plan.
The Committee does not include statutory language requested
in the budget that would provide TSA with the authority to
alter the Federal share of in-line baggage system projects. The
proposed legislation is an authorizing matter and not under the
jurisdiction of the Appropriations Committee.
INSTALLATION OF OPTIMAL BAGGAGE SCREENING SYSTEMS AND FTE SAVINGS
From fiscal years 2007 to 2009, over $2,600,000,000 has
been appropriated for TSA's electronic baggage screening
program. The Committee provides an additional $806,669,000 for
fiscal year 2010. This funding is being used to deploy systems
that are ``in-line'' with baggage conveyor systems and are
therefore less labor intensive and more efficient than machines
deployed quickly after 9/11 to meet the 100 percent screening
mandate. TSA shall report to the Committee, in tandem with the
fiscal year 2011 budget, on savings achieved and anticipated
(by fiscal year) from the installation of new optimal systems.
The report shall specifically address FTE savings.
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 2010 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 $326,625,000 for screening
technology maintenance and utilities, the same amount as
requested in the budget and $21,000,000 above the fiscal year
2009 level. This amount includes an increase of $19,000,000 for
increases to maintenance costs for higher-than-projected
quantities of security equipment and $2,000,000 for increased
reimbursements for the utility costs associated with TSA
screening equipment.
OPERATION INTEGRATION
The Committee recommends $21,481,000 for operation
integration, the same amount requested in the budget and the
same as the fiscal year 2009 level. Funds are provided to test,
evaluate, and analyze pre-production or production
representative systems under realistic conditions, including
operation by those who will use the equipment in the field in a
variety of environmental conditions.
AVIATION SECURITY DIRECTION AND ENFORCEMENT
The Committee recommends $842,633,000 for aviation
direction and enforcement, an increase of $43,825,000 from the
fiscal year 2009 level and $6,900,000 above the request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
AVIATION DIRECTION AND ENFORCEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation regulation and other enforcement................. 245,268 254,064 254,064
Airport management and support............................ 401,666 448,424 448,424
Federal flight deck officer and flight crew training...... 25,025 25,127 25,127
Air cargo................................................. 122,849 108,118 115,018
Airport perimeter security................................ 4,000 ................ ................
-----------------------------------------------------
Total, Aviation Security Direction and Enforcement.. 798,808 835,733 842,633
----------------------------------------------------------------------------------------------------------------
AVIATION REGULATION AND OTHER ENFORCEMENT
The Committee recommends $254,064,000 for aviation
regulation and other enforcement, an increase of $8,796,000
from the fiscal year 2009 level and the same amount as
requested in the budget. Funds are provided for law enforcement
and regulatory activities at airports to: ensure compliance
with required security measures, respond to security incidents,
and provide international support for worldwide security
requirements. The Committee recommendation includes funding for
pay increases and annualization of funding enacted in prior
years to implement requirements of the 9/11 Act.
The Committee understands that TSA is currently working
with stakeholders to develop a modified Large Aircraft Security
Program rule that minimizes adverse effects on general aviation
while addressing security concerns. The Committee also
understands that after this consultation TSA plans to issue a
new notice of proposed rulemaking to ensure additional public
comment. The Committee agrees with TSA's deliberative approach
to this issue and encourages TSA to weigh the costs and
benefits associated with this new security mandate for general
aviation operators and airports.
AIRPORT MANAGEMENT AND SUPPORT
The Committee recommends $448,424,000 for airport
management and support, an increase of $46,758,000 from the
fiscal year 2009 level and the same amount as requested in the
budget. Funds are provided for: the workforce to support TSA
Federal security directors; the Transportation Security
Operations Center; airport rent and furniture; a vehicle fleet;
airport parking; transit benefits; and the development and
deployment of an electronic time, attendance, and scheduling
system. The recommended increase includes adjustments for pay,
an increase for transit benefits, a staffing increase to
Federal security directors, and management support for
additional bomb appraisal officers.
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING PROGRAMS
The Committee recommends $25,127,000 for Federal flight
deck officer and flight crew training programs, an increase of
$102,000 from the fiscal year 2009 level and the same amount
proposed in the budget request. Funds are provided to deputize
qualified airline pilots who volunteer to be Federal law
enforcement officers. This program provides initial and
recurrent law enforcement training. Funds are also provided for
the Crew Member Self-Defense Training program for the purpose
of teaching crew members basic self defense concepts and
techniques.
AIR CARGO
The Committee recommends $115,018,000 for air cargo
security activities, an increase of $6,900,000 above the
request and $7,831,000 below the fiscal year 2009 level. Funds
are provided to secure the air cargo supply chain, conveyances,
and people. To achieve the 100 percent screening mandate in the
9/11 Act, TSA has created the Certified Cargo Screening Program
[CCSP], which allows air cargo supply chain stakeholders
(shippers, manufacturers, logistics companies, warehouses, and
indirect air carriers) to screen air cargo downstream prior to
arriving at the airport. It is estimated that approximately
8,000 to 15,000 entities will participate in the CCSP,
increasing TSA ``inspectable'' locations. The increase provided
above the request is for 50 additional air cargo inspectors to
address the additional inspection workload and other regulatory
responsibilities for air cargo. This is consistent with
findings of the GAO. In testimony given on March 18, 2009,
(GAO-09-422T), GAO stated that ``TSA's limited inspection
resources may also hamper its ability to oversee the thousands
of additional entities that it expects to participate in the
CCSP''. The Committee recommendation also includes an
additional $10,000,000 within the Science and Technology
Directorate to develop air cargo screening technologies.
The Committee acknowledges the Transportation Security
Administration's efforts to assist the fresh fruit industry
comply with new cargo scanning requirements. The Committee
encourages the Transportation Security Administration to
continue its efforts and to expedite the development and
approval of efficient and effective cargo screening technology.
No later than 60 days after the date of enactment of this
act, TSA shall submit an expenditure plan to the Committee on
the allocation of air cargo funds, including carryover. Because
a similar plan for fiscal year 2009 has not been submitted,
$20,000,000 is withheld from obligation for headquarters
administration until the fiscal year 2010 plan is submitted.
AIR CARGO STATISTICS QUARTERLY REPORT
The Committee directs TSA to continue to report quarterly
on air cargo screening statistics, to note incremental progress
until 100 percent screening is met, and any reason for non-
compliance. The Committee directs TSA to take all possible
measures to ensure air carriers are submitting data consistent
with current security directives, including enforcement action
for non-compliance.
AIRPORT PERIMETER SECURITY
The goal of the airport perimeter security program is to
identify and secure gaps in airport perimeters. TSA has been
slow to obligate funding appropriated in fiscal years 2008 and
2009 to test and assess viable technologies to improve security
in this area. As of April 30, 2009, $5,688,361 of the
$8,000,000 appropriated for this purpose remained unobligated.
No later than 90 days after the date of enactment of this act,
TSA shall brief the Committee on results of airport perimeter
security projects, including plans to implement viable
solutions at airports.
IMPLEMENTING REQUIREMENTS OF PUBLIC LAW 110-53 (9/11 ACT)
The recommendation includes funding to support various
activities and requirements authorized in the 9/11 Act,
including $806,669,000 for the procurement and installation of
explosives detection systems at airports; $128,739,000 for
checkpoint and checked baggage screening systems at airports;
$115,018,000 for air cargo security; and $80,000,000 for
Visible Intermodal Protection and Response [VIPR] teams,
including an additional $50,000,000 for VIPR teams dedicated
solely to surface transportation. Funding in fiscal year 2010
also includes $40,259,000 to annualize funding added by
Congress in fiscal years 2008 and 2009 for such activities as:
Security Regulations, Strategies, Reports and Studies;
Vulnerability and Threat Assessments; Name Based Checks; Inter-
Modal Security Training and Exercise Program; Information
Sharing and Analysis Center for Transportation Security;
General Aviation; and additional Surface Transportation
Security Inspectors.
SURFACE TRANSPORTATION SECURITY
Appropriations, 2009.................................... $49,606,000
Budget estimate, 2010................................... 128,416,000
Committee recommendation................................ 142,616,000
Surface transportation security provides funding for
personnel and operational resources to assess the risk of a
terrorist attack on non-aviation modes, standards and
procedures to address those risks, and to ensure compliance
with established regulations and policies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $142,616,000, for surface
transportation security, an increase of $93,010,000 from the
fiscal year 2009 level and $14,200,000 above the budget
request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
SURFACE TRANSPORTATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Staffing and Operations................................... 24,885 42,293 42,293
Surface Transportation Security Inspectors and Canines.... 24,721 86,123 100,323
-----------------------------------------------------
Total, Surface Transportation Security.............. 49,606 128,416 142,616
----------------------------------------------------------------------------------------------------------------
SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS
The Committee recommends $42,293,000 for surface
transportation security staffing and operations, an increase of
$17,408,000 from the fiscal year 2009 level and the same amount
proposed in the budget request. Funds are provided for
personnel and operational resources to: assess the risk of a
terrorist attack on non-aviation modes; establish standards and
procedures to address those risks; and ensure compliance with
established regulations and policies. The recommended increase
is for adjustments for pay and to annualize funding added by
Congress in fiscal years 2008 and 2009 for implementation of 9/
11 Act requirements.
SURFACE TRANSPORTATION SECURITY INSPECTORS AND CANINES
The Committee recommends $100,323,000 for surface
transportation security inspectors and canines, an increase of
$75,602,000 from the fiscal year 2009 level and $14,200,000
above the amount requested in the budget.
The Committee recommendation includes the requested
increase of $50,000,000 and 338 positions for 15 new Visible
Intermodal Prevention and Response [VIPR] teams for surface
transportation security. Currently there are 10 permanent VIPR
teams deployed to disrupt and deter potential terrorist
activity across all modes of transportation. TSA has failed to
provide the Committee with a fiscal year 2009 requirement
contained in Senate Report 110-396 on performance standards
associated with the VIPR program, methodology used to determine
the distribution of VIPR resources and personnel among the
various modes of transportation, and the results of fiscal year
2008 deployments. TSA has yet to determine the combination of
positions for the new teams, which have historically been
comprised of surface inspectors, Federal air marshals, and
transportation security officers. The Committee expects that
none of the additional funds provided in this act for VIPR
teams will be expended until TSA provides an expenditure plan
associated with the additional $50,000,000 and complies with
the VIPR requirements detailed in Senate Report 110-396.
The Committee recommendation also includes $14,200,000
above the request for 100 new surface transportation inspectors
bringing the total Surface Transportation Security Inspector
workforce to 325. These additional positions will allow TSA to
fulfill 9/11 Act mandates, such as: increasing compliance
inspections; conducting system security evaluations; threat and
vulnerability inspections; and responding to surface
transportation security incidents. The DHS Inspector General,
in report OIG-09-24, concluded that ``TSA would benefit from
expanding the TSI workforce to handle new duties and to augment
thinly staffed field offices.''
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
Appropriations, 2009.................................... $116,018,000
Budget estimate, 2010................................... 191,999,000
Committee recommendation................................ 171,999,000
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
$171,999,000 for transportation threat assessment and
credentialing, an increase of $55,981,000 from the fiscal year
2009 level and $20,000,000 below the budget request. In
addition, an estimated $28,000,000 in fee collections are
available for these activities in fiscal year 2010, as proposed
in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Secure Flight......................................... 82,211 84,363 84,363
Crew and Other Vetting................................ 33,807 107,636 87,636
-----------------------------------------------------
Total Appropriations, Threat Assessment and 116,018 191,999 171,999
Credentialing......................................
=====================================================
Fee accounts:
Registered Traveler Program........................... 10,000 ................ ................
Transportation Worker Identification Credential....... 9,000 9,000 9,000
Hazardous Materials................................... 18,000 15,000 15,000
Alien Flight School fees\1\........................... 3,000 4,000 4,000
-----------------------------------------------------
Total Fees, Transportation Threat Assessment and 40,000 28,000 28,000
Credentialing......................................
----------------------------------------------------------------------------------------------------------------
\1\By transfer from the Department of Justice.
SECURE FLIGHT
The Committee recommends $84,363,000 for Secure Flight,
$2,152,000 above the fiscal year 2009 level and the same as the
budget request. As outlined by the Intelligence Reform Act,
this program moves the responsibility of airline passenger
watch list matching from the air carriers to the Federal
Government. Pursuant to section 512 of the Department of
Homeland Security Appropriations Act, 2009, GAO assessed the
extent to which TSA met 10 statutory conditions related to the
development and implementation of the Secure Flight program. In
May 2009, GAO reported that TSA had generally achieved 9 of the
10 statutory conditions related to the development of the
Secure Flight program and had conditionally achieved 1
condition related to the appropriateness of life-cycle cost
estimates and program plans. The Committee remains concerned
with risks to the program identified by GAO in its report.
Therefore, TSA is directed to report on the progress it has
made in addressing GAO's recommendations related to Secure
Flight's name-matching system and assessing the impact of
modifications to Computer-Assisted Passenger Prescreening
System rules on air carriers. TSA shall also report on actions
it has taken to develop appropriate life-cycle cost and
schedule estimates for the Secure Flight program and to address
the security concern related to passengers who could attempt to
provide fraudulent information when making an airline
reservation to avoid detection. TSA shall submit its report to
the Committees on Appropriations no later than 90 days after
the enactment of this act.
CREW AND OTHER VETTING PROGRAMS
The Committee recommends $87,636,000 for Crew and Other
Vetting Programs, $53,829,000 above the fiscal year 2009 level
and $20,000,000 below the budget request.
The Committee recommendation includes funds as requested
for 9/11 Act implementation, specifically for development of a
web-based enrollment system and integration into the Security
Threat Assessment process.
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. However, TSA is still in the
early stages of this acquisition, which is estimated to have a
10-year cost of over $570,500,000. Several key acquisition
decisions have yet to be made as they are still going through
Departmental review. In addition, TSA is currently developing
its proof of principle prototype (Phase One), which is to be
completed in October 2009 and is to provide TSA with a proposed
acquisition strategy and associated acquisition risk reduction
measures. The results of Phase One are essential before large
sums of money can be committed to develop and deploy a target
solution. Therefore, the Committee recommendation includes
$56,500,000 instead of $76,500,000 requested in the budget.
TRANSPORTATION SECURITY SUPPORT
Appropriations, 2009.................................... $947,735,000
Budget estimate, 2010................................... 1,004,580,000
Committee recommendation................................ 999,580,000
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 RECOMMENDATION
The Committee recommends $999,580,000 for transportation
security support activities, an increase of $51,845,000 from
the fiscal year 2009 level and $5,000,000 below the budget
request.
The following table summarizes the Committee's
recommendations compared to the fiscal year 2009 and budget
request levels:
TRANSPORTATION SECURITY SUPPORT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Intelligence................................................. 21,961 28,203 28,203
Headquarters Administration.................................. 234,870 248,929 248,929
Information Technology....................................... 472,799 501,110 496,110
Human Capital Services....................................... 218,105 226,338 226,338
--------------------------------------------------
Total, Transportation Security Support................. 947,735 1,004,580 999,580
----------------------------------------------------------------------------------------------------------------
INTELLIGENCE
The Committee recommends $28,203,000 for the Office of
Intelligence, an increase of $6,242,000 above the fiscal year
2009 level and the same level as the budget request. The
recommendation includes requested increases for pay, additional
intelligence analytical support staffing, and 9/11 Act
implementation.
HEADQUARTERS ADMINISTRATION
The Committee recommends $248,929,000 for headquarters
administration, an increase of $14,059,000 from the fiscal year
2009 level and the same level as requested in the budget. The
recommendation includes requested adjustments for pay, 9/11 Act
implementation, and background investigations.
The Committee includes bill language withholding the
obligation of $20,000,000 for headquarters administration until
expenditure plans for air cargo security, explosives detection
systems procurement and installation, and checkpoint support
are provided to the Committee.
INFORMATION TECHNOLOGY
The Committee recommends $496,110,000 for information
technology, an increase of $23,311,000 from the fiscal year
2009 level and $5,000,000 below the amount requested in the
budget. The recommendation includes adjustments as requested
for pay, TSA's electronic time attendance system, working
capital fund costs, and information technology purchases such
as new secure multi-channel land mobile radios. The Committee
includes $6,400,000 for data center migration, $5,000,000 below
the request. The reduction reflects funding that will not be
expended until fiscal year 2011.
HUMAN CAPITAL SERVICES
The Committee recommends $226,338,000 for human capital
services, an increase of $8,233,000 from the fiscal year 2009
level and the same level as requested in the budget.
COVERT TESTING
The Committee continues to support TSA's covert testing
activities and continues the requirement for semi-annual
briefings on these activities.
RISK-BASED DECISIONMAKING AND BUDGETING
The Committee notes that TSA has not submitted a report
required in the joint explanatory statement accompanying the
Department of Homeland Security Act, 2009, related to risk
analysis and resource allocation. The Committee expects this
report to be submitted expeditiously and continued on an annual
basis as detailed in Senate Report 110-396. This annual
submission shall be made in classified or unclassified formats,
as appropriate.
FEDERAL AIR MARSHALS
Appropriations, 2009.................................... $819,481,000
Budget estimate, 2010................................... 860,111,000
Committee recommendation................................ 860,111,000
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 RECOMMENDATION
The Committee recommends $860,111,000, an increase of
$40,630,000 from the fiscal year 2009 level and the same level
as requested in the budget. The recommendation includes the
requested increase to fully annualize fiscal year 2009
appropriations for sustainment of international operations.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
FEDERAL AIR MARSHALS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration............................. 725,081 762,569 762,569
Travel and Training....................................... 94,400 97,542 97,542
-----------------------------------------------------
Total, Federal Air Marshals......................... 819,481 860,111 860,111
----------------------------------------------------------------------------------------------------------------
Coast Guard
SUMMARY
The Coast Guard's primary responsibilities are the
enforcement of all applicable Federal laws on the high seas and
waters subject to the jurisdiction of the United States;
promotion of safety of life and property at sea; assistance to
navigation; protection of the marine environment; and
maintenance of a state of readiness to function as a
specialized service in the Navy in time of war, as authorized
by sections 1 and 2 of title 14, United States Code.
The Commandant of the Coast Guard reports directly to the
Secretary of the Department of Homeland Security.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$10,244,551,000 for the activities of the Coast Guard for
fiscal year 2010.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
COAST GUARD--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operating Expenses........................................ 6,194,925 6,556,188 6,838,291
Environmental Compliance and Restoration.................. 13,000 13,198 13,198
Reserve Training.......................................... 130,501 133,632 133,632
Acquisition, Construction, and Improvements............... 1,494,576 1,383,980 1,597,580
Emergency Appropriations (Public Law 111-5)........... 98,000 ................ ................
Alteration of Bridges..................................... 16,000 ................ 4,000
Emergency Appropriations (Public Law 111-5)........... 142,000 ................ ................
Research, Development, Test and Evaluation................ 18,000 19,745 29,745
Health Care Fund Contribution (Permanent Indefinite 257,305 261,000 261,000
Appropriations)..........................................
Retired Pay (mandatory)................................... 1,236,745 1,361,245 1,361,245
-----------------------------------------------------
Total, United States Coast Guard.................... 9,601,052 9,728,988 10,238,091
=====================================================
Appropriations...................................... 9,361,052 9,728,988 10,238,091
Emergency Appropriations (Public Law 111-5)......... 240,000 ................ ................
----------------------------------------------------------------------------------------------------------------
The Coast Guard will pay an estimated $261,000,000 in
fiscal year 2010 to the Medicare-Eligible Retiree Health Care
Fund for the costs of military, Medicare-eligible health
benefits earned by its uniformed service members. The
contribution is funded by permanent, indefinite discretionary
authority pursuant to the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375).
OPERATING EXPENSES
Appropriations, 2009.................................... $6,194,925,000
Budget estimate, 2010................................... 6,556,188,000
Committee recommendation................................ 6,838,291,000
The Operating Expenses appropriation provides funds for the
operation and maintenance of multipurpose vessels, aircraft,
and shore units strategically located along the coasts and
inland waterways of the United States and in selected areas
overseas. The program activities of this appropriation fall
into the following categories:
Search and Rescue.--As one of its earliest and most
traditional missions, the Coast Guard maintains a nationwide
system of boats, aircraft, cutters, and rescue coordination
centers on 24-hour alert.
Aids to Navigation.--To help mariners determine their
location and avoid accidents, the Coast Guard maintains a
network of manned and unmanned aids to navigation along the
Nation's coasts and on its inland waterways. In addition, the
Coast Guard operates radio stations in the United States and
abroad to serve the needs of the armed services and marine and
air commerce.
Marine Safety.--The Coast Guard ensures compliance with
Federal statutes and regulations designed to improve safety in
the merchant marine industry and operates a recreational
boating safety program.
Marine Environmental Protection.--The primary objectives of
the marine environmental protection program are to minimize the
dangers of marine pollution and to assure the safety of ports
and waterways.
Enforcement of Laws and Treaties.--The Coast Guard is the
principal maritime enforcement agency with regard to Federal
laws on the navigable waters of the United States and the high
seas, including fisheries, drug smuggling, illegal immigration,
and hijacking of vessels.
Ice Operations.--In the Arctic and Antarctic, Coast Guard
icebreakers escort supply ships, support research activities
and Department of Defense operations, survey uncharted waters,
and collect scientific data. The Coast Guard also assists
commercial vessels through ice-covered waters.
Defense Readiness.--During peacetime, the Coast Guard
maintains an effective state of military preparedness to
operate as a service in the Navy in time of war or national
emergency at the direction of the President. As such, the Coast
Guard has primary responsibility for the security of ports,
waterways, and navigable waters up to 200 miles offshore.
COMMITTEE RECOMMENDATIONS
The Committee recommends $6,838,291,000 for Coast Guard
Operating Expenses, including $24,500,000 from the Oil Spill
Liability Trust Fund and $581,503,000 for Coast Guard defense-
related activities. Of this amount, the Committee recommends
not to exceed $20,000 for official reception and representation
expenses.
The recommended amount is $282,103,000 above the request
and $643,366,000 above the fiscal year 2009 level (excluding
$241,503,000 transferred or otherwise made available for
overseas contingency operations).
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Military Pay and Allowances:
Military Pay and Allowances........................... 2,576,170 2,708,923 2,718,963
Military Health Care.................................. 352,469 371,372 372,524
Permanent Change of Station........................... 133,024 164,566 164,468
-----------------------------------------------------
Subtotal, Military Pay and Allowances............... 3,061,663 3,244,861 3,255,955
=====================================================
Civilian Pay and Benefits................................. 645,350 699,594 700,042
Training and Recruiting:
Training and Education................................ 95,989 103,388 103,668
Recruiting and Training Centers....................... 99,930 102,582 102,761
-----------------------------------------------------
Subtotal, Training and Recruiting................... 195,919 205,970 206,429
=====================================================
Operating Funds and Unit Level Maintenance:
Atlantic Area Command................................. 175,823 177,474 177,474
Pacific Area Command.................................. 196,112 195,943 195,943
1st District.......................................... 59,069 60,074 60,139
5th District.......................................... 21,792 21,941 21,976
7th District.......................................... 77,391 78,338 78,366
8th District.......................................... 46,916 49,276 49,506
9th District.......................................... 31,595 31,672 31,733
11th District......................................... 17,645 17,641 17,769
13th District......................................... 22,931 23,060 23,126
14th District......................................... 19,099 19,289 19,289
17th District......................................... 30,979 29,829 30,531
Headquarter Directorates.............................. 318,642 285,193 288,584
Headquarter Managed Units............................. 158,616 158,901 159,236
Other Activities...................................... 796 882 897
-----------------------------------------------------
Subtotal, Operating funds and unit level maintenance 1,177,406 1,149,513 1,154,569
=====================================================
Centrally-managed accounts................................ 262,294 353,071 354,874
=====================================================
Intermediate and Depot Level Maintenance:
Aeronautical.......................................... 312,595 365,291 376,394
Electronic............................................ 134,055 155,101 157,773
Civil/Ocean Engineering & Shore Facilities............ 179,343 180,929 184,769
Vessel................................................ 197,800 201,858 205,983
-----------------------------------------------------
Subtotal, Intermediate and depot level maintenance.. 823,793 903,179 924,919
=====================================================
Port and maritime safety and security enhancements........ 23,500 (\1\) (\1\)
Aviation mission-hour gap................................. 5,000 (\1\) (\1\)
-----------------------------------------------------
Subtotal, Operating Expenses........................ 6,194,925 6,556,188 6,596,788
=====================================================
Overseas contingency operations........................... ................ ................ 241,503
-----------------------------------------------------
Total, Operating Expenses........................... 6,194,925 6,556,188 6,838,291
----------------------------------------------------------------------------------------------------------------
\1\Funded in traditional programs, projects, and activities.
OVERSEAS CONTINGENCY OPERATIONS
The Committee provides $241,503,000 for Coast Guard
operations in support of overseas contingency operations
requirements. Funding for these activities was requested in the
Department of Defense budget for the Navy. This is the same
amount expected in fiscal year 2009 ($112,000,000 appropriated
in Public Law 110-252 to Navy ``Operation and Maintenance'' for
transfer to the Coast Guard; and $129,503,000 included in the
conference report accompanying the Supplemental Appropriations
Act, 2009 for Coast Guard ``Operating Expenses''). The
Committee urges the administration to budget for Coast Guard
overseas contingency operations under the Department of
Homeland Security in future budget requests.
FINANCIAL MANAGEMENT OVERSIGHT
The Committee recommends an increase of $20,000,000 and 44
FTE to carry out the Coast Guard's Financial Strategy for
Transformation and Audit Readiness, the same level as proposed
in the budget request. This amount will allow the Coast Guard
to address material weaknesses preventing accurate, complete,
and timely financial information. These weaknesses have
contributed greatly to the inability of financial auditors to
provide an opinion on the Department's balance sheets. The
Coast Guard shall periodically update the Committee on progress
made toward attaining a clean audit.
MARINE SAFETY
The Committee recommends an increase of $7,500,000 and 37
FTE for the Coast Guard's marine safety program, the same level
as proposed in the budget request. This amount will expand the
Coast Guard's marine safety workforce, which has remained
relatively stagnant in previous years.
BIOMETRICS AT SEA
The Committee recommends an increase of $1,183,000 and 2
FTE to expand Coast Guard efforts to identify dangerous
individuals documented by the US-VISIT program, the same level
as proposed in the budget request. This effort expands on a
pilot project that resulted in a nearly 75 percent reduction in
undocumented migrant flow from the Dominican Republic.
PROJECT SEAHAWK
The Committee recommends an increase of $1,088,000 and 1
FTE for Project Seahawk, the Interagency Operations Center in
Charleston, South Carolina, the same level as proposed in the
budget request. Project Seahawk is a multi-agency effort at the
Federal, State, and local level to improve maritime domain
awareness. This amount will pay for administrative services,
facility support, information and communications system
hardware maintenance, and software licensing and support. The
Department of Justice will continue to administer the center
through fiscal year 2009. The Coast Guard, as executive agent,
will assume responsibility for administering the center in
fiscal year 2010. The Committee notes that the information
management component of the Interagency Operations Center
Project, ``WatchKeeper'', will facilitate virtual participation
for agencies that choose not to continue physical collocation
at the Seahawk facility.
DATA CENTER MIGRATION
The Committee recommends an increase of $20,400,000 for the
migration of data systems to the Department of Homeland
Security Data Center One, $2,000,000 below the amount requested
in the budget. This effort is part of a Department-wide plan to
consolidate existing component data centers into two secure,
geographically diverse locations.
LONG RANGE AIDS TO NAVIGATION-C
The Department's budget request proposes to terminate
Loran-C stations on the basis that the system ``is no longer
required by the armed forces, the transportation sector, or the
Nation's security interests, and is used only by a small
segment of the population.'' The justification goes on to say
that ``the Loran-C system was not established as, nor was it
intended to be, a viable systematic backup for GPS.'' The
Committee believes additional time is needed for the Department
to fully evaluate the need for a GPS backup system and the
impact that decision will have on Loran-C. A general provision
is included continuing funding for Loran-C through January 4,
2010. Loran-C operations shall continue beyond that date only
if the Commandant of the Coast Guard certifies that: (1) the
termination of the Loran-C signal will not adversely impact the
safety of maritime navigation; and (2) the Loran-C system
infrastructure is not needed as a back-up to GPS or any other
Federal navigation requirement. If the Commandant makes such a
certification, the Loran-C signal shall be terminated effective
January 4, 2010, and the Coast Guard shall commence a phased
decommissioning of the Loran-C infrastructure.
NATIONAL MARITIME CENTER
The Committee recommendation includes $17,320,000 for the
National Maritime Center, the same as the budget request level.
OPERATIONS SYSTEMS CENTER
The recommendation includes $3,600,000 above the request
for customized tenant improvements in conjunction with the
Operations Systems Center [OSC] expansion project. The OSC
continues to experience steady growth in both the number of
systems being developed and the number of people required to
support those systems. Currently, 500 Government and contractor
personnel work at the OSC. The existing main facility space has
been at capacity for 4 years and it will not accommodate
expected growth to over 900 staff. The Coast Guard is currently
housing several employees in temporary trailers. The Coast
Guard is directed to work with GSA to expeditiously produce a
prospectus for this expansion and complete a competively
awarded lease.
CRITICAL DEPOT LEVEL MAINTENANCE
The Committee recommends $20,000,000 above the budget
request to address the Coast Guard's significant backlog for
critical depot level maintenance for aging surface, air, and
shore assets. This additional amount will address crew safety,
habitability, hazardous materials remediation, emergency and
scheduled maintenance, and spare parts availability
requirements. The Coast Guard's deferred maintenance backlog is
in excess of $800,000,000.
WATCHSTANDERS
The Committee recommends $1,000,000 above the budget
request to meet increased operational demands and to increase
situational awareness and information sharing in all Coast
Guard command centers. This amount will allow the Coast Guard
to add a total of 20 new watchstanders to Sector Command
Centers that will be converted to Interagency Operation Centers
[IOC].
POLAR OPERATIONS AND MAINTENANCE FUNDING
The Committee notes the budget request did not include
transfer of operating and maintenance funds for the polar
icebreakers from the National Science Foundation [NSF] to the
Coast Guard as directed in the joint explanatory statement
accompanying the Department of Homeland Security Appropriations
Act, 2009 (Public Law 110-329). For fiscal year 2011, the
Committee expects the operating and maintenance budget
authority and associated FTE to be included in the Coast
Guard's request. The two agencies shall update the existing
Memorandum of Agreement to reflect the change in budget
authority.
WORKFORCE ACTION PLAN
The Coast Guard has failed to submit a workforce action
plan to the Committee as required in Senate Report 110-396. The
Committee expects this plan to be submitted expeditiously.
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.
SECURITY OF LIQUEFIED NATURAL GAS OPERATIONS
The Committee is concerned that the Coast Guard does not
have enough resources to protect liquefied natural gas [LNG]
tankers and terminals. The Committee also is concerned that a
uniform approach does not exist to pay for the security of
these operations. The Committee therefore directs the
Secretary, in conjunction with the Commandant, to submit a
report with an assessment of whether the Coast Guard has
sufficient resources to protect LNG tankers and facilities and
recommendations for strengthening the Coast Guard's security
role. The report also should identify security funding
alternatives. The Secretary is to submit the report within 6
months after the date of enactment of this act.
The Committee expects the Coast Guard to fully evaluate the
impact of recreational and commercial vessel traffic in
relation to navigational safety and security of a proposed LNG
facility in Fall River, Massachusetts. The proposed project and
associated vessel traffic may significantly limit access for
commercial and recreational users on Mount Hope Bay and
Narragansett Bay. The Committee directs the Coast Guard to
report to the Committee within 6 months after the date of
enactment of this act on its evaluation and recommendations to
address the impacts on affected waterway users.
NATIONAL VESSEL DOCUMENTATION CENTER
The Committee understands that user fee collections, which
help pay for Coast Guard activities at the National Vessel
Documentation Center [NVDC], have fallen significantly due to
the economic downturn. The Committee directs the Coast Guard to
avoid any reduction in the NVDC's government-employed or
contract staff levels, paid through fee revenue, by reassigning
such staff to non-fee related Coast Guard activities.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2009.................................... $13,000,000
Budget estimate, 2010................................... 13,198,000
Committee recommendation................................ 13,198,000
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 $13,198,000 for environmental
compliance and restoration, $198,000 above the fiscal year 2009
level and the same as the budget request.
RESERVE TRAINING
Appropriations, 2009.................................... $130,501,000
Budget estimate, 2010................................... 133,632,000
Committee recommendation................................ 133,632,000
The Reserve Training program provides trained units and
qualified persons for active duty in the Coast Guard in time of
war or national emergency, or at such other times as national
security requires. Coast Guard reservists must also train for
mobilization assignments unique to the Coast Guard in time of
war, such as port security operations associated with the Coast
Guard's Maritime Defense Zone mission, including deployable
port security units.
COMMITTEE RECOMMENDATIONS
The Committee recommends $133,632,000, as proposed in the
budget, for Reserve Training. This is $3,131,000 more than the
fiscal year 2009 level and the same as the budget request.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2009\1\................................. $1,592,576,000
Budget estimate, 2010.......................... 1,383,980,000
Committee recommendation................................ 1,597,580,000
\1\Includes $98,000,000 provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
Funding in this account supports Coast Guard plans for
fleet expansion and improvement. This funding provides for the
acquisition, construction, and improvement [AC&I] of vessels,
aircraft, information management resources, shore facilities,
and aids to navigation required to execute the Coast Guard's
missions and achieve its performance goals.
Vessels.--The Coast Guard continues to acquire multi-
mission platforms that use advanced technology to reduce life-
cycle operating costs.
Integrated Deepwater Systems (Deepwater).--The Deepwater
capability replacement project is a multi-year, performance-
based acquisition that will replace or modernize the major
Coast Guard cutters, offshore patrol boats, fixed wing
aircraft, multi-missioned helicopters, and the communications
equipment, sensors, and logistics systems required to maintain
and operate them.
Other Equipment.--The Coast Guard invests in numerous
management information and decision support systems that will
result in increased efficiencies, including Rescue 21, formerly
the National Distress and Response System Modernization
Project, and the Nationwide Automated Identification System.
Shore Facilities.--The Coast Guard invests in modern
structures that are more energy-efficient, comply with
regulatory codes, minimize follow-on maintenance requirements,
and replace existing dilapidated structures.
COMMITTEE RECOMMENDATION
The Committee recommends $1,597,580,000 for acquisitions,
construction, and improvements, including $20,000,000 from the
Oil Spill Liability Trust Fund.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
Response Boat--Medium................................. 108,000 103,000 123,000
Inland River Tender Replacement....................... 5,000 ................ ................
-----------------------------------------------------
Subtotal, Vessels................................... 113,000 103,000 123,000
=====================================================
Integrated Deepwater Systems:
Aircraft:
Maritime Patrol Craft............................. 86,600 175,000 175,000
HH-60 conversions................................. 52,700 45,900 45,900
HC-130H conversions/sustainment................... 24,500 45,300 45,300
HH-65 conversion/sustainment...................... 64,500 38,000 38,000
Unmanned aircraft systems......................... 3,000 ................ ................
HC-130J fleet introduction........................ 13,250 1,300 1,300
-----------------------------------------------------
Subtotal, Aircraft.............................. 244,550 305,500 305,500
=====================================================
Surface ships:
National Security Cutter.......................... 353,700 281,480 389,480
Offshore patrol cutter............................ 3,003 9,800 9,800
Fast Response Cutter.............................. 115,300 243,000 243,000
IDS Small boats................................... 2,400 3,000 3,000
Polar Icebreaker sustainment...................... 30,300 ................ 27,300
Patrol boats sustainment.......................... 30,800 23,000 23,000
Medium Endurance Cutter sustainment............... 35,500 31,100 31,100
High Endurance Cutter sustainment................. ................ ................ 8,000
-----------------------------------------------------
Subtotal, Surface............................... 571,003 591,380 734,680
=====================================================
Technology Obsolescence Prevention........................ 1,500 1,900 1,900
C4ISR..................................................... 88,100 35,000 35,000
Logistics................................................. 37,700 37,700 37,700
Systems engineering and management........................ 33,141 35,000 35,000
Government program management............................. 58,000 45,000 45,000
-----------------------------------------------------
Subtotal, Integrated Deepwater System............... 1,033,994 1,051,480 1,194,780
=====================================================
Other Equipment:
Nationwide Automatic Identification System............ 8,600 ................ ................
Defense Messaging System.............................. 4,074 ................ ................
Rescue 21............................................. 73,000 117,000 117,000
High Frequency Recapitalization....................... 2,500 2,500 2,500
Interagency Operations Centers (Command 21)........... 1,000 ................ 28,000
-----------------------------------------------------
Subtotal, Other Equipment........................... 89,174 119,500 147,500
=====================================================
Shore Facilities and Aids to Navigation:
Survey and Design--Shore and Operational Support...... 2,050 6,000 6,000
Survey and Design--Coast Guard Academy Pier........... ................ ................ 300
Waterways ATON Infrastructure......................... 4,000 4,000 4,000
Coast Guard Station Cleveland Harbor.................. ................ ................ 16,800
Coast Guard Telecoms and Information Systems Center... 2,500 ................ ................
Coast Guard Air Station Cape Cod--Runway Lighting..... 5,000 ................ ................
Sector Delaware Bay--Consolidate Cape May Station..... 13,000 ................ ................
Coast Guard Housing--Cordova, Alaska.................. 11,600 ................ ................
Coast Guard Academy--Chase Hall....................... 10,300 ................ ................
Station Montauk--Purchase Housing..................... 1,550 ................ ................
Rescue Swimmer Training Facility...................... 15,000 ................ ................
Sector Buffalo........................................ 3,000 ................ ................
-----------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation... 68,000 10,000 27,100
=====================================================
Coast Guard/DHS Headquarters.............................. 97,578 ................ ................
Personnel and Related Support:
Direct personnel costs................................ 92,330 99,500 104,700
Acquisition Costs..................................... 500 500 500
-----------------------------------------------------
Subtotal, Personnel and Related Support............. 92,830 100,000 105,200
=====================================================
Subtotal, Acquisitions, Construction, and Improve- 1,494,576 1,383,980 1,597,580
ments..............................................
=====================================================
Emergency Appropriations (Public Law 111-5)............... 98,000 ................ ................
=====================================================
Total, Acquisitions, Construction, and Improvements. 1,592,576 1,383,980 1,597,580
----------------------------------------------------------------------------------------------------------------
RESPONSE BOAT--MEDIUM
The Committee recommends $123,000,000 for the Response Boat
Medium [RB-M] acquisition, $20,000,000 above the budget
request. This amount will allow the Coast Guard to purchase 40
RB-Ms in fiscal year 2010, 10 above the request. The RB-M is a
critical asset for the Coast Guard to replace aging 41-foot
Utility Boats acquired in the early 1970s and will serve as a
platform for boardings, search and rescues, and port security.
Recent studies have identified the lack of response boats as an
impediment to fully implementing the Coast Guard's mission
requirements. The Committee notes that the RB-M project
continues to meet or exceed cost, schedule, and performance
parameters.
DEEPWATER FUNDING
The Committee recommends $1,194,780,000 for Deepwater,
$143,300,000 above the amount requested and $160,786,000 above
the fiscal year 2009 level. Details of major procurements under
this program and changes to the request are provided below.
MARITIME PATROL AIRCRAFT
The Committee recommends $175,000,000 for the Maritime
Patrol Aircraft [MPA], the same level as proposed in the budget
request. This funding will allow the Coast Guard to acquire 2
aircraft (13 and 14), mission systems, and a flight simulator.
The funds will address the Coast Guard's MPA flight-hour gap by
providing 2,400 additional MPA hours every year.
NATIONAL SECURITY CUTTER
The recommendation includes $389,480,000 for the National
Security Cutter [NSC] acquisition, $108,000,000 above the
budget request. The Committee disagrees with the
administration's decision to delay funding for the 5th NSC. The
NSC program, which is already 2 years behind schedule, will be
further delayed without additional funds. The 12 legacy cutters
the NSC will replace are frequently out of service due to
unscheduled maintenance requirements. These 12 cutters lose an
average of 250 operational days per year due to unplanned
maintenance, which is directly impacting the Coast Guard's
ability to perform its many missions. Funds are provided to
complete production of NSC #4 and for long-lead time materials
for NSC #5, which ensures the Coast Guard is properly
positioned to negotiate a best-value, fixed-price contract for
NSC #4 and avoids additional project costs and recapitalization
delays associated with a break in NSC production.
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.
FAST RESPONSE CUTTER
The Committee recommends $243,000,000 for the Coast Guard's
``Fast Response Cutter'' [FRC-B], the same level as proposed in
the budget request. This funding will allow the Coast Guard to
acquire four FRC-B hulls (5-8). The first FRC-B is scheduled
for delivery in the third quarter of fiscal year 2011 and will
be fully operational in fiscal year 2012. The Committee expects
the Coast Guard to continue quarterly briefings on the status
of this procurement, including critical decision points and
dates, planned service life extensions of the existing 110-foot
patrol boats, and patrol boat operational metrics.
MISSION EFFECTIVENESS PROJECT
The recommendation includes $54,100,000 for the Mission
Effectiveness Project, the same level as proposed in the budget
request. Of this amount, $31,100,000 is for sustainment of
three 270-foot and two 210-foot medium endurance cutters, and
$23,000,000 is for sustainment of three 110-foot legacy patrol
boats. 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 casualties
on these vessels resulting in a much higher percentage of time
they are fully mission capable.
OFFSHORE PATROL CUTTER
The recommendation includes $9,800,000 for the Offshore
Patrol Cutter [OPC], the same level as proposed in the budget
request. The Committee directs the Coast Guard to brief the
Committee by April 30, 2010, on the results of the alternatives
analysis for the OPC.
RESCUE 21
The Committee provides $117,000,000 for Rescue 21, the same
level proposed in the budget. The Coast Guard's quarterly
acquisition report continues to identify risks associated with
tower planning, particularly with ``obtaining leases,
unexpected environmental issues, FAA restrictions, wetland
delineation, and structural integrity issues.'' The Coast Guard
is directed to continue quarterly briefings on the status of
the program, including changes to the schedule outlined in the
request or any deviation from the revised acquisition program
baseline.
POLAR ICEBREAKER SUSTAINMENT
The Committee recommends $32,500,000 above the budget
request to complete the reactivation and service life extension
of Coast Guard Cutter Polar Star. Of this amount, $5,200,000 is
funded in the AC&I direct personnel costs PPA. Returning Polar
Star to operational status is vital to ensuring the U.S.
Government has the ability to project U.S. sovereignty and
protect the broad range of security, economic, and
environmental interests in the Arctic and Antarctic. Within
this amount, the Coast Guard shall begin survey and design and
conduct a business case analysis for either a new heavy polar
icebreaker class or a major service life extension project for
existing heavy icebreakers. The only existing heavy polar class
icebreaker, the Polar Sea, has only 7 years remaining in its
useful life.
INTERAGENCY OPERATIONS CENTERS
The Committee provides $28,000,000 above the budget request
to enhance port security and inter-agency cooperation at the
Federal, State, and local level through the development of
Interagency Operations Centers, which are authorized by the
SAFE Port Act. Funds are provided for facility construction and
deployment of sensors and an information management system to
enhance maritime domain awareness in the Nation's ports. Within
90 days after the date of enactment of this act, the Coast
Guard shall submit an expenditure plan for these funds.
HIGH ENDURANCE CUTTER SUSTAINMENT
Delays in the planned delivery of National Security Cutters
have created a sustainment problem for the Coast Guard in
maintaining its fleet of legacy High Endurance Cutters. The
Committee is aware of efforts to assess the need and scope for
a maintenance plan for the 378-foot High Endurance Cutter
fleet. The Committee includes $8,000,000 above the request for
pre-acquisition survey and design to determine the requirements
for a maintenance effectiveness project. A similar program for
the Medium Endurance Cutter fleet has been highly successful in
increasing its fully-capable mission availability. The Coast
Guard shall brief the Committee no later than 60 days after the
date of enactment of this act on preliminary plans for this
effort.
AC&I PERSONNEL
The Committee provides $105,200,000 for personnel and
related support, $5,200,000 above the budget request. These
additional FTEs are necessary for the Coast Guard to perform
the systems integrator role for the Deepwater Program and to
execute traditional acquisition projects. This amount also
includes personnel related costs to reactivate the Polar Star.
The Committee is well aware of the limited pool of
certified and experienced acquisition professionals. Therefore,
the Committee encourages the Coast Guard to work with the
appropriate authorizing committees to ensure that its hiring
authorities are on par with those of the other armed services.
According to recent testimony by the Government
Accountability Office, ``there are approximately 200 contractor
employees in support of the acquisition directorate--
representing 24 percent of its total acquisition workforce.''
Some of these contractors are performing core Government
acquisition functions. The Coast Guard shall brief the
Committee no later than 60 days after the date of enactment of
this act on efforts to reduce reliance on contractors
performing inherently governmental work.
ICEBREAKING CAPABILITIES IN THE GREAT LAKES REGION
The Committee recognizes the Coast Guard's icebreaking
capabilities in the Great Lakes region are challenged by a
taxing mission being placed upon an aging fleet. Modernization
of this fleet is critical not only to the safe and efficient
movement of commerce on the Great Lakes, but the safety of
Great Lakes communities. The Committee directs the Coast Guard
to conduct an alternatives analysis for Great Lakes
icebreaking, which is to be submitted to the Committee no later
than 4 months after the date of enactment of this act.
DEEPWATER EXPENDITURE PLAN
The Coast Guard is directed to brief the Committee on its
fiscal year 2010 deepwater expenditure plan not later than 60
days after the date of enactment of this act. The briefing
shall be consistent with the Deepwater expenditure plan
requirements set forth in Public Law 110-329.
QUARTERLY ACQUISITION REPORTS
The Commandant is directed to continue to submit quarterly
acquisition and mission emphasis reports consistent with
deadlines articulated under section 360 of division I of Public
Law 108-7 and the fiscal year 2008 joint explanatory statement.
The Committee notes that the Coast Guard has adopted the
practice of comparing cost, schedule, and performance estimates
against the most recently approved baseline. This approach
provides an incomplete assessment of an acquisition's progress
against the original baseline. Therefore, the report shall
compare current estimates against the original baseline and the
most recent baseline, if available. This method is consistent
with Department of Defense acquisition reporting policy and is
recommended by the Government Accountability Office. When
reporting on ``key project documents,'' it should be noted if
approved documentation differs from that required by the Major
Systems Acquisition Manual or the Department's Acquisition
Review guidance. The reports should also indicate if a test and
evaluation master plan has been approved for an asset. Finally,
the acquisition reports shall include a ``stoplight chart''
that tracks key performance parameters of each asset through
developmental and operational testing. Because the Coast Guard
consistently fails to meet quarterly submission deadlines, the
Committee withholds $30,000,000 from Headquarter Directorates
until the second quarter report is submitted.
GAO DEEPWATER REVIEW
The GAO is directed to continue its oversight of the
Deepwater program. GAO's focus shall include an assessment of
the Coast Guard's conversion projects for the HH-60 and HH-65
platforms. The Committee is concerned with the schedule for
both programs. According to the Coast Guard's quarterly
acquisition reports, the schedule for the HH-60 program is at
``significant risk'' and is not expected to meet projected
milestones. The same reports show a moderate schedule risk for
the HH-65 conversion program. Delays in the HH-65 conversion
program have resulted in an unobligated balance in excess of
$100,000,000 and the Coast Guard expects to carryover
$58,729,000 into fiscal year 2010.
COAST GUARD ACADEMY PIER
The Committee continues to be concerned with the condition
of the Coast Guard Academy Pier. The pier, which was erected in
1932, has severely deteriorated according to an independent
assessment conducted on behalf of the Coast Guard in October
2004. The Committee recommendation includes $300,000 for survey
and design costs for this project.
COAST GUARD STATION CLEVELAND HARBOR
The amount recommended for shore facilities includes
$16,800,000 to complete the project proposal to renovate,
improve, or construct a new Station and Marine Safety Unit
Cleveland Harbor, Ohio, and to begin work on this project. The
Coast Guard should take a phased approach to this project to
fully utilize the funds available.
CAPITAL INVESTMENT PLAN
The Committee expects the Coast Guard to continue to submit
a comprehensive capital investment plan each year at the time
the President's budget is submitted to the Congress.
The Committee directs the Commandant to provide to the
Congress, at the time of the President's budget submission, a
list of approved but unfunded Coast Guard priorities and the
funds needed for each.
ALTERATION OF BRIDGES
Appropriations, 2009\1\................................. $158,000,000
Budget estimate, 2010..........................................
Committee recommendation................................ 4,000,000
\1\Includes $142,000,000 provided in the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5).
Under the provisions of the Truman-Hobbs Act of June 21,
1940 (33 U.S.C. 511 et seq.), the Coast Guard, as the Federal
Government's agent, is required to share with owners the cost
of altering railroad and publicly owned highway bridges which
obstruct the free movement of navigation on navigable waters of
the United States in accordance with the formula established in
33 U.S.C. 516. Alteration of obstructive highway bridges is
eligible for funding from the Federal-Aid Highways program.
COMMITTEE RECOMMENDATIONS
The Committee recommends $4,000,000 above the request for
the Fort Madison Bridge in Iowa. This bridge has 90 percent of
its design completed and could begin construction once
sufficient funding is in place.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriations, 2009.................................... $18,000,000
Budget estimate, 2010................................... 19,745,000
Committee recommendation................................ 29,745,000
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 $29,745,000 for the Coast Guard's
research, development, test, and evaluation activities,
$10,000,000 above the budget request and $11,745,000 above the
fiscal year 2009 level.
The Committee recommends $10,000,000 above the request for
continued land and cutter-based Unmanned Aerial System [UAS]
priority research. The Coast Guard is scheduled to make a final
recommendation on the most effective UAS for the National
Security Cutter [NSC] in March 2010. These additional funds
will enable the Coast Guard to perform dynamic testing,
including launch and recovery from aboard the NSC. Further,
this funding will allow the Coast Guard to continue its
partnership with U.S. Customs and Border Protection in the
development and field testing of land-based UAS solutions
capable of operating in the maritime environment through
advanced concept technology demonstrations.
RETIRED PAY
Appropriations, 2009.................................... $1,236,745,000
Budget estimate, 2010................................... 1,361,245,000
Committee recommendation................................ 1,361,245,000
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 $1,361,245,000, as proposed in the
budget, for retired pay.
United States Secret Service
SALARIES AND EXPENSES
Appropriations, 2009\1\................................. $1,508,729,000
Budget estimate, 2010................................... 1,485,609,000
Committee recommendation................................ 1,482,709,000
\1\Includes $100,000,000 in emergency appropriations pursuant to the
Omnibus Appropriations Act, 2009 (Public Law 111-8).
The United States Secret Service's salaries and expenses
appropriation provides funds for the security of the President,
the Vice President, and other dignitaries and designated
individuals; for enforcement of laws relating to obligations
and securities of the United States and laws relating to
financial crimes; and for protection of the White House and
other buildings within the Washington, DC, metropolitan area.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,482,709,000 for Salaries and
Expenses. This is an increase of $73,980,000 from the
comparable fiscal year 2009 level, excluding emergency funding,
and $2,900,000 below the amount proposed in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
UNITED STATES SECRET SERVICE--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, Management and Administration.................... 182,104 221,045 221,045
Protection:
Protection of Persons and Facilities....................... 705,918 759,561 759,561
Protective Intelligence Activities......................... 59,761 67,824 67,824
National Special Security Events........................... 1,000 1,000 1,000
Presidential Candidate Nominee Protection.................. 41,082 .............. ...............
White House Mail Screening................................. 33,701 25,315 22,415
------------------------------------------------
Subtotal, Protection..................................... 841,462 853,700 850,800
================================================
Investigations:
Domestic Field Operations.................................. 241,772 260,892 260,892
International Field Office Administration, Operations, and 30,000 30,705 30,705
Train- ing...............................................
Electronic Crimes Special Agent Program and Electronic 51,836 56,541 56,541
Crimes Task Forces........................................
Support for Missing and Exploited Children................. 8,366 8,366 8,366
------------------------------------------------
Subtotal, Investigations................................. 331,974 356,504 356,504
================================================
Training: Rowley Training Center............................... 53,189 54,360 54,360
------------------------------------------------
Total, Salaries and Expenses............................. 1,508,729 1,485,609 1,482,709
================================================
Appropriations........................................... 1,408,729 1,485,609 1,482,709
Emergency Appropriations (Public Law 111-5).............. 100,000 .............. ...............
----------------------------------------------------------------------------------------------------------------
INTERNATIONAL ACTIVITIES AND OFFICES
In fiscal year 2008, Secret Service international offices
closed 188 counterfeit cases, 180 financial crimes cases, 444
protective intelligence cases, 466 protective surveys, and 217
non-criminal cases. During this period, Secret Service
international offices also assisted its law enforcement
partners abroad with the arrest of 657 suspects, while seizing
over $31,300,000 in counterfeit United States currency before
it could be introduced into circulation.
The Committee recommends $30,705,000 and 74 FTE, as
requested, for international field office administration,
operations, and training. This includes $700,000, as requested,
for operations of the Tallinn, Estonia international field
office. The Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Public Law 110-329),
provided the Secret Service with an additional $1,658,000 to
expand foreign field office operations, as originally proposed
by the Senate. These funds were intended to assist in overseas
activities, including the opening of an international office to
combat the increase in financial institution fraud, credit card
fraud, and counterfeiting of United States currency emanating
from the Baltic region. The Secret Service has determined that
the best Baltic location from which to combat this threat is
Tallinn, Estonia. The Committee is aware that the Secret
Service operates in 22 overseas locations and notes that 5 new
overseas offices have opened since January 9, 2005. The
Committee directs the Secret Service to open the Tallinn office
immediately and includes bill language directing that this
office be opened with the fiscal year 2009 funding made
available for this purpose.
INFORMATION INTEGRATION AND TRANSFORMATION PROGRAM
The Committee became aware of the significant information
technology [IT] integration and transformation requirements
facing the Secret Service during the 2008-2009 Presidential
transition and provided $31,700,000 in emergency funding for
the Secret Service to immediately address White House
Communications Agency interoperability requirements and to
begin jointly addressing these additional IT funding
requirements with the Office of Management and Budget. The
Committee recommends funding of $97,974,000, an increase of
$33,960,000 and 3 FTE, as requested; and directs the Secret
Service and the DHS Chief Information Officer to provide
semiannual briefings on progress in upgrading these IT systems
and programs.
ELECTRONIC CRIMES TASK FORCES
The Committee strongly supports the Electronic Crimes Task
Force program, authorized in the USA PATRIOT Act of 2001
(Public Law 107-56), and is pleased that it is operating in 24
locations across the Nation. The Committee recommends
$56,541,000 and 317 FTE, an increase of $2,000,000 over the
fiscal year 2009 level and the amount requested in the budget.
UNIFORMED DIVISION
The Committee notes that the Uniformed Division plays a
critical role in providing protective services to Secret
Service protectees and others. In the past 3 fiscal years, an
average of 12.7 percent of Uniformed Division Officers have
become Special Agents. The Committee believes it is important
to make full use of these officers' expertise and notes that
authorizing language has been submitted to Congress to reform
the pay structure for the Uniformed Division of the Secret
Service. The Committee provides $4,040,000 associated with this
proposed salary restructuring. Bill language is included to
withhold the obligation of these funds until enactment of
authorizing language that incorporates the authorities of the
United States Secret Service Uniformed Division into the United
States Code.
WHITE HOUSE MAIL SCREENING FACILITY
The Committee recommends $22,415,000, $2,900,000 below the
budget request for the White House mail facility, due to one-
time equipment costs funded in fiscal year 2009.
MISSING AND EXPLOITED CHILDREN
As requested by the President, the Committee provides
$2,366,000 for the Secret Service's forensic support costs, and
provides $6,000,000, to remain available until expended, for
activities related to investigations of exploited children.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2009.................................... $4,225,000
Budget estimate, 2010................................... 3,975,000
Committee recommendation................................ 3,975,000
This appropriation provides funding for security upgrades
of existing facilities; to continue development of the current
master plan; to maintain and renovate existing facilities,
including the James J. Rowley Training Center (Center); and to
ensure efficient and full utilization of the Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends an appropriation of $3,975,000,
the same as the amount proposed in the budget, for acquisition,
construction, repair, and improvement expenses of the Secret
Service for fiscal year 2010.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
The National Protection and Programs Directorate aims to
foster better integration of national approaches between
strategic homeland security programs, facilitate infrastructure
protection, ensure broad emergency communications capabilities,
integrate risk management, identity safeguards for visitors to
this country, and ensure the protection of Federal buildings
and facilities.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration................................ 51,350 44,577 44,577
Infrastructure Protection and Information Security:\1\
Infrastructure Protection................................ 313,800 333,303 346,303
National Cyber Security Division......................... 313,500 400,654 398,654
Office of Emergency Communications....................... 38,300 44,060 44,060
National Security Emergency Preparedness Telecoms........ 141,313 140,149 112,399
United States Visitor and Immigrant Status Indicator Technolo- 300,000 356,194 378,194
gy........................................................
Federal Protective Service\2\................................ (\3\) 1,115,000 1,115,000
--------------------------------------------------
Total, National Protection and Programs Directorate 1,158,263 2,433,937 2,439,187
(gross)...............................................
==================================================
Offsetting Fee Collections................................... (\3\) -1,115,000 -1,115,000
--------------------------------------------------
Total, National Protection and Programs Directorate 1,158,263 1,318,937 1,324,187
(net).................................................
----------------------------------------------------------------------------------------------------------------
\1\PPA realignment proposed in the President's budget request not displayed due to lack of comparability.
\2\Fully funded by offsetting collections paid by General Services Administration tenants and credited directly
to this appropriation.
\3\The Federal Protective Service was funded in U.S. Immigration and Customs Enforcement in fiscal year 2009.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2009.................................... $51,350,000
Budget estimate, 2010................................... 44,577,000
Committee Recommendation................................ 44,577,000
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, information technology
support services, and the Office of Risk Management and
Analysis.
COMMITTEE RECOMMENDATIONS
The Committee recommends $44,577,000, for Management and
Administration, of which $9,895,000 is for the Office of Risk
Management and Analysis. This is $6,773,000 less than fiscal
year 2009 due to the reallocation of administrative expenses to
``Infrastructure Protection and Information Security'', and the
same amount as requested in the budget.
NPPD PERFORMANCE
Tasked with a broad mission, NPPD remains loosely defined
and lacks focus in many critical areas. The Committee remains
frustrated with NPPD's continued inability to clearly
articulate goals, demonstrate accomplishments, hire needed
staff, obligate appropriated resources, or describe its
programs. Over the past several years, these failures have led
Congress to provide funding below requested levels or withhold
appropriated funds from obligation pending the receipt of
further information. Last year, for example, because of a poor
budget justification, Congress withheld from obligation half of
the $50,200,000 appropriated for fiscal year 2009 for the Next
Generation Networks Program until the Committees on
Appropriations receive and approve an expenditure plan. While
the Department asserted this program was critical to maintain
emergency communications for Government officials, it has
submitted no expenditure plan although it is 8 months into the
fiscal year. The lack of management improvements puts the
Directorate's important work in jeopardy and fails to make
Americans safer. NPPD management must be improved. The Under
Secretary for National Protection and Programs Directorate is
directed to provide quarterly briefings to the Committee on the
specific use of resources provided in this act, including how
the investments are improving the security of the Nation.
OFFICE OF RISK MANAGEMENT AND ANALYSIS
The mission of the Office of Risk Management and Analysis
[RMA] is to lead the Department's efforts to establish a common
framework to address the overall management and analysis of
homeland security risk. In the context of that mission, the
Committee directs NPPD to provide an expenditure plan for the
RMA no later than 90 days after the date of enactment of this
act. The expenditure plan shall include the specific projects
on which RMA will work; the quantifiable outcomes of each
program; and how specifically the programs contribute to the
mission of risk management and analysis for the Department and
for the Nation.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
Appropriations, 2009.................................... $806,913,000
Budget estimate, 2010................................... 918,166,000
Committee recommendation................................ 901,416,000
Infrastructure Protection and Information Security [IPIS]
assists the entities and people responsible for securing the
Nation's critical infrastructure assets. In addition, IPIS
works collaboratively with public, private, and international
entities to secure cyberspace and U.S. cyber assets, and reduce
the vulnerability of the Nation's telecommunications and
information technology infrastructures.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$901,416,000 for Infrastructure Protection and Information
Security [IPIS] programs.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request\1\ recommendations
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection:
Identification and Analysis................................ 80,603 86,610 90,610
Coordination and Information Sharing....................... 62,367 50,582 59,582
Mitigation Programs........................................ 170,830 196,111 196,111
------------------------------------------------
Subtotal, Infrastructure Protection...................... 313,800 333,303 346,303
================================================
National Cyber Security Division:
U.S. Computer Emergency Response Team [US-CERT]............ 254,924 333,629 331,629
Strategic Initiatives...................................... 49,138 57,679 57,679
Outreach Programs.......................................... 9,438 9,346 9,346
------------------------------------------------
Subtotal, National Cyber Security Division............... 313,500 400,654 398,654
================================================
Office of Emergency Communications............................. 38,300 44,060 44,060
National Security/Emergency Preparedness Telecommunications:
Priority Telecommunications Service........................ 58,740 56,773 56,773
Next Generation Networks................................... 50,250 50,250 25,000
Programs to Study and Enhance Telecommunications........... 15,100 19,274 16,774
Critical Infrastructure Protection......................... 11,260 13,852 13,852
National Command and Coordination Capability............... 5,963 .............. ...............
------------------------------------------------
Subtotal, National Security/Emergency Preparedness 141,313 140,149 112,399
Telecommunications......................................
================================================
Total, Infrastructure Protection and Information Security 806,913 918,166 901,416
----------------------------------------------------------------------------------------------------------------
\1\PPA realignment proposed in the President's budget request not displayed due to lack of comparability.
INFRASTRUCTURE PROTECTION
The Committee provides $346,303,000 for Infrastructure
Protection, $13,000,000 above the level in the request. The
increase is for programs within Coordination and Information
Sharing as discussed below.
The Committee understands that the Office of Infrastructure
Protection [OIP] continues to look for and provide innovative
initiatives to enhance security. The Committee encourages OIP
to continue to work with the University of Southern Mississippi
to address the range of potential and actual threats and risks
to the ongoing safety and security at venues with large crowds.
NATIONAL INFRASTRUCTURE PROTECTION PLAN MANAGEMENT/CRITICAL
INFRASTRUCTURE AND KEY RESOURCES PARTNERSHIPS
The Committee recommends an increase of $9,000,000 above
the request level, and $2,785,000 below fiscal year 2009, for
National Infrastructure Protection Plan Management and Critical
Infrastructure and Key Resources Partnerships within
Coordination and Information Sharing. The Committee continues
to recognize the important role these efforts play in fostering
and sustaining collaborative relationships between industry and
Government.
INFRASTRUCTURE SECURITY COMPLIANCE
The Committee recommends $103,363,000 the same amount as
the budget request, and $25,363,000 above fiscal year 2009, for
infrastructure security compliance, including the chemical
facility and ammonium nitrate security programs. The Committee
supports the proposed increase in the budget which includes an
additional 23 FTE for these important programs. The increase,
combined with the conversion of contract employees to Federal
employees, will increase the total number of FTE by 168 over
fiscal year 2009, for a total of 246 FTE. The Committee expects
that an accelerated hiring process will be fully maximized to
bring qualified and vetted personnel on board quickly and
directs NPPD to provide a monthly update of the FTE on-board
and specific actions being taken to ensure expeditious hiring.
NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER
The Committee recommends $20,000,000, the same as the
fiscal year 2009 level and an increase of $4,000,000 above the
budget request, for the National Infrastructure Simulation and
Analysis Center [NISAC], New Mexico. The Committee expects
Sandia and Los Alamos National Laboratories, located in New
Mexico, to continue to develop NISAC and to be the lead
entities in this initiative to secure the Nation's critical
infrastructure. The Committee encourages NISAC to continue to
work with the National Incident Management Systems and Advanced
Technologies Institute [NIMSAT] at the University of Louisiana
at Lafayette. NIMSAT is uniquely qualified to support NISAC's
work in the gulf coast region.
BOMBING PREVENTION
The Committee recommends $14,768,000 for the Office for
Bombing Prevention [OBP], the same amount as the budget request
and an increase of $4,200,000 from the fiscal year 2009 level.
The OBP leads the DHS effort to enhance Federal, State, and
local capabilities to deter, detect, protect against, and
respond to attacks that use improvised explosive devices. This
is accomplished through prevention efforts, gap analysis, and
information sharing. The increase will accelerate the analysis
of critical gaps by conducting 68 additional capabilities
assessments. This will allow a total of 132 assessments to be
completed for bomb squads, canine units, dive teams, and
special teams, providing a better understanding of the Nation's
capabilities for a known threat.
VULNERABILITY ASSESSMENTS
The Committee recommends $26,521,000 for Vulnerability
Assessments, the same amount as requested in the budget and
$3,000,000 above the fiscal year 2009 level. Vulnerability
Assessments are a collaborative effort between Federal, State,
local, and private sectors to identify vulnerabilities and
enhance the security of high-risk infrastructure, ranging from
single-site security to large-scale regional efforts. The
requested increase will support nuclear reactor security
consultations required by section 657 of the Energy Policy Act
of 2005 by identifying potential vulnerabilities and threats to
proposed new reactors.
NEXT GENERATION NETWORKS
The Committee recommends $25,000,000 for the Next
Generation Networks Program, instead of $50,250,000 as
requested in the budget.
In the Homeland Security Appropriations Act, 2009, the
Committees withheld from obligation one-half of the $50,250,000
appropriated for fiscal year 2009 for Next Generation Networks
until the Committees on Appropriations receive and approve an
expenditure plan. The withholding was included because of a
poor budget justification. To date, no expenditure plan has
been submitted although it is 8 months into the fiscal year.
Therefore, it is clear that the $25,125,000 which was withheld
will be available for this program in fiscal year 2010 and the
full amount requested will not be needed. In addition, the
Secretary is directed to provide an expenditure plan for fiscal
year 2010 to the Committees on Appropriations no later than 90
days after the date of enactment of this act.
PROGRAMS TO STUDY AND ENHANCE TELECOMMUNICATIONS
The Committee recommends $16,774,000, $2,500,000 below the
request level and $1,674,000 above the fiscal year 2009 level.
The Committee supports the enhanced telecommunications mission,
however, remains frustrated by the lack of clarity provided
regarding the goals and outcomes of the requested levels.
NATIONAL COMMAND AND COORDINATION CAPABILITY
No funds are provided for the National Command and
Coordination Capability, $5,963,000 below fiscal year 2009, and
the same level as the budget request.
NATIONAL CYBER SECURITY DIVISION
The Committee recommends $398,654,000 for the National
Cyber Security Division, an increase of $85,154,000 from the
fiscal year 2009 level and $2,000,000 below the budget request.
The increase above the enacted amount provides additional
resources to assess and mitigate critical information
technology assets and provide cyber threat, analysis, early
warning, and incident response assistance for public and
private sector constituents. Of the total amount, $8,000,000 is
provided for data center consolidation and migration, which is
$2,000,000 below the request. The reduction is based on the
Department's execution plan that has activity occurring in
fiscal year 2011.
The Committee recommendation includes $2,250,000 for the
Cyber Security Information Sharing and Collaboration Program,
the same amount as the fiscal year 2009 and budget request
levels.
NATIONWIDE CYBER SECURITY REVIEW
The security of State and local information technology
networks has serious implications for homeland security, as
network security affects both the continuity of Government and
the operations of critical infrastructure. Cyber attacks have
disrupted State government networks, systems, and operations.
Despite its importance, there is not a comprehensive effort to
evaluate the security level of State or local information
technology networks, as it pertains to cyberspace. The
Committee directs the Secretary, in coordination with the
Federal Emergency Management Agency [FEMA] and NPPD, to report
on the status of cyber security measures in place, and gaps in
all 50 States and the largest urban areas by June 1, 2010. The
report should include certifications from each State and urban
area as to the exact status of cyber security measures in
place, when the date security plans were last updated, the
dates contingency exercises were last conducted, and plans for
disaster recovery. Similar language is included in the FEMA
section of this report.
OFFICE OF EMERGENCY COMMUNICATIONS
The Committee recommends $44,060,000 for the Office of
Emergency Communications [OEC], the same amount as the budget
request and $5,760,000 above the fiscal year 2009 level. The
Committee recognizes the vital role of the OEC in supporting
the needs and demands of emergency response personnel at all
levels of Government and across all disciplines.
This budget request level approved by the Committee
includes two important increases. First, an increase of
$3,851,000 over the fiscal year 2009 level, for a total of
$11,635,000 in technical assistance. This supports a known
need. Last year, there were 239 requests for technical
assistance from 54 States and territories and OEC could only
fill 150 of the requests. Second, an increase of $2,500,000 and
8 FTE for the Regional Communications Coordinators [RCCs] which
will support FEMA and State and local emergency preparedness
organizations in the complex mix of cyber, telecommunications,
and broadcast communication technologies. OEC is encouraged to
place RCCs in FEMA regional offices to enhance efficiency.
The Committee recognizes that progress has been made in
interoperability among Federal, State, and local governments
with the completion of Statewide Communication Interoperability
Plans, and the National Emergency Communications Plan [NECP].
The first goal established in the NECP is to have 90 percent of
high risk urban areas demonstrate emergency response
communications within an hour of a routine event. OEC has
expressed confidence that the goal will be met. However, the
Committee is concerned that the Federal Government is not
making sufficient progress in implementing interoperability
among Federal agencies. The Government Accountability Office in
a December 2008 report examining the Department of Justice and
the Department of Homeland Security radio communications [GAO-
09-133] found that a primary reason the ``collaboration on a
joint communications solution has not been successful is that
departments did not effectively employ key cross-agency
collaboration practices''. Unfortunately, OEC has been slow to
establish the Emergency Communications Preparedness Center
[ECPC] which was authorized in the Homeland Security Act of
2002 to serve as a focal point for Federal interdepartmental
communications efforts. The Committee directs GAO to evaluate
the progress made in standing up the ECPC and identify any
obstacles to Federal agency coordination through the ECPC.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
Appropriations, 2009.................................... $300,000,000
Budget estimate, 2010................................... 356,194,000
Committee recommendation................................ 378,194,000
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 $378,194,000, $22,000,000 above
the budget request, to remain available until expended, for the
United States Visitor and Immigrant Status Indicator Technology
[US-VISIT].
IMPLEMENTATION OF BIOMETRIC AIR EXIT
The Committee strongly supports the full implementation of
a biometric air exit capability at the earliest practicable
time.
The Department of Homeland Security Appropriations Act,
2009 required US-VISIT to test and report on the collection of
biometrics from non-U.S. citizens exiting the United States in
two different settings at airports--air carrier collection of
biometrics from passengers already subject to US-VISIT entry
requirements and CBP collection of those passengers' biometrics
at the boarding gate--before funding can be released to support
the publication of an air/sea biometric exit final rule and the
deployment of biometric exit procedures to airports and
seaports.
Unfortunately, no airline agreed to participate in a pilot.
Consequently, US-VISIT is conducting the one required pilot, in
which CBP collects biometrics from non-U.S. citizens at the
departure gate at the Detroit Metropolitan Wayne County
Airport, and another in which the Transportation Security
Administration is collecting biometrics from non-U.S. citizens
at a security checkpoint at the Hartsfield-Jackson Atlanta
International Airport. These pilots began on May 28, 2009.
No additional funds are requested in the President's fiscal
year 2010 budget for a biometric air exit capability. The
Secretary has indicated that approximately $28,000,000 remains
available from prior year appropriations for this purpose. The
evaluation of the air exit pilots is scheduled to be completed
by the beginning of fiscal year 2010. The Committee includes
bill language requiring that no less than $28,000,000 of funds
carried forward be used solely for implementation of a
biometric air exit capability. Further, the Committee
recommends an additional $22,000,000, above the request, making
a total of $50,000,000, for implementation of a biometric air
exit capability in 2010.
The Committee directs the Secretary to provide quarterly
briefings on the progress in implementing a biometric air exit
system, beginning October 1, 2009.
TIMELINESS OF SPEND PLAN SUBMISSION
The Committee continues to be concerned with the repeated
delays in submitting the statutorily required expenditure plans
for US-VISIT which have resulted in large carryover balances
from one year to the next. For example, the 2008 expenditure
plan was not submitted until June 12, 2008, which meant that
nearly a quarter of the program's budget carried over into
fiscal year 2009. Similarly, the fiscal year 2009 report was
submitted on April 9, 2009. It should not take half of a fiscal
year to submit an expenditure plan for a critical security
program such as US-VISIT. The Committee understands that new
procedures have been developed in which the US-VISIT program
office is working with the DHS chief executive officers to
obtain on a more timely basis the program certifications
required within appropriations language by providing program
documentation on a more recurring basis throughout the year.
US-VISIT's goal is to complete the expenditure plan within five
weeks of the end of the fiscal year. The Committee strongly
supports this effort and includes bill language mandating
submission of the fiscal year 2010 plan not later than 90 days
after the date of enactment of this act.
UNIQUE IDENTITY/IAFIS INTEGRATION AND 10-PRINT TRANSITION
Since the creation of the Department, this Committee has
strongly supported and encouraged real-time interoperability
between the IDENT and IAFIS biometric databases and the
transition to capturing 10 fingerprints of all visitors to the
United States. The Committee notes that the interoperability
effort from September 2006 through April 25, 2009, has
identified more than 36,696 individuals with wants and warrants
or who are known or suspected terrorists and has prevented
their entry into the United States. The Committee recognizes
that while the FBI's transition to the Next Generation
Identification of fingerprinting technology is an ongoing,
multi-year process, the Committee fully funds the $28,700,000
request for Unique Identity as US-VISIT continues its portion
of the interoperability effort with the FBI. The Committee
directs the US-VISIT program office to continue aggressively
pursuing this issue and to continue providing quarterly
briefings on progress being made on Unique Identity.
FEDERAL PROTECTIVE SERVICE
Appropriations, 2009.................................... (\1\)
Budget estimate, 2010\2\ \3\............................ 1,115,000,000
Committee recommendation\2\ \3\......................... 1,115,000,000
\1\The Federal Protective Service was funded in U.S. Immigration and
Customs Enforcement in fiscal year 2009.
\2\Fully funded by offsetting collections paid by General Services
Administration tenants and credited directly to this appropriation.
\3\CBO re-structured FPS collections in its 2010 re-estimate of the
President's budget to include reimbursable contract guard service
collections, which had not been displayed in prior years.
The Federal Protective Service [FPS] is responsible for the
security and protection of Federal property under the control
of the General Services Administration [GSA]; and for the
enforcement of laws for the protection of persons and property,
the prevention of breaches of peace, and enforcement of any
rules and regulations made and promulgated by the GSA
Administrator. The FPS authority can also be extended by
agreement to any area with a significant Federal interest. The
FPS account provides funds for the salaries, benefits, travel,
training, and other expenses of the program, offset by
collections paid by GSA tenants and credited to the account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,115,000,000, as requested, for
salaries and expenses of the Federal Protective Service for
fiscal year 2010; this amount is fully offset by collections of
security fees.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................ ................ 213,673 213,673
Building specific security................................ ................ 426,327 426,327
Reimbursable security fees (contract guard services)...... ................ 475,000 475,000
-----------------------------------------------------
Total, Federal Protective Service................... ................ 1,115,000 1,115,000
Offsetting Fee Collections................................ ................ -1,115,000 -1,115,000
----------------------------------------------------------------------------------------------------------------
\1\The Federal Protective Service was funded in U.S. Immigration
and Customs Enforcement in fiscal year 2009.
FINANCIAL MANAGEMENT
The Committee believes in the FPS mission and supports the
transfer of FPS from U.S. Immigration and Customs Enforcement
to the National Protection and Preparedness Directorate [NPPD].
The Committee continues to have serious concern that this
agency has not received the attention and support that its
critical mission requires. The fact that the budget appendix
failed to include the actual bill language for this agency did
not send a reassuring message. To ensure that FPS receives
appropriate oversight, the Committee directs the Under
Secretary of NPPD to provide semi-annual briefings to the
Committees on Appropriations on the agency's financial status,
management, staffing, and mission. The first briefing shall
occur no later than January 15, 2010.
Because FPS suffered from years of neglect after its
transfer in 2003 from GSA to the Department, the Congress took
legislative steps to ensure that FPS regained its traditional
role as a protector of Federal buildings and the women and men
who work in and visit them. The Department of Homeland Security
Appropriations Act, 2009, required the Secretary and the
Director of the Office of Management and Budget to certify that
FPS is sufficiently funded to support a staff of 1,200
employees, including at least 900 Police Officers, Inspectors,
Area Commanders, and Special Agents by December 31, 2008. The
Committee includes similar language this year.
Office of Health Affairs
Appropriations, 2009.................................... $157,191,000
Budget estimate, 2010................................... 138,000,000
Committee recommendation................................ 135,000,000
SUMMARY
The Office of Health Affairs [OHA], headed by the Chief
Medical Officer who also serves as the Assistant Secretary for
Health Affairs, leads the Department on medical issues related
to natural and man-made disasters; serves as the principal
advisor to the Secretary on medical and public health issues;
coordinates biodefense activities within the Department; and
serves as the Department's primary contact with other
Departments and State, local, and tribal governments on medical
and public health issues.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
OFFICE OF HEALTH AFFAIRS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
BioWatch....................................................... 111,606 94,513 89,513
National Biosurveillence Integration System.................... 8,000 8,000 8,000
Rapidly Deployable Chemical Detection System................... 2,600 2,600 2,600
Planning and Coordination...................................... 5,775 2,476 4,476
Salaries and Expenses.......................................... 29,210 30,411 30,411
------------------------------------------------
Total, Office of Health Affairs.......................... 157,191 138,000 135,000
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
The Committee recommends $30,411,000 for salaries and
expenses, an increase of $1,201,000 from the fiscal year 2009
level and the same amount as the budget request.
BIOWATCH
The Committee recommends $89,513,000 for the BioWatch
program, $22,093,000 less than the fiscal year 2009 level and
$5,000,000 below the budget request. The Committee acknowledges
that the budget request reflects the beginnings of a needed
realignment of the program. However, the Committee is also
aware that some detectors have recently been terminated because
of technical difficulties with the system. The recommended
level of funding shall be used to maintain the remaining first
and second generation baseline biological surveillance
capability and to complete the Gen-3.0 prototype unit field
testing, perform data analysis, and verify the performance of
the technology.
PLANNING AND COORDINATION
The Committee recommends $4,476,000, which is $1,299,000
below the fiscal year 2009 level and $2,000,000 above the
budget request. The Committee notes the important work that the
Office of Medical Readiness and the Food, Agricultural, and
Veterinary [FAV] Defense Division do related to component
health services and FAV security, especially related to
pandemic influenza. The Committee recognizes that the
unobligated balances of previous year appropriations, in
addition to the amount recommended, will allow the needed work
to be completed.
PROJECT BIOSHIELD
The President's budget proposes to transfer the remaining
balances appropriated in fiscal year 2004 under the heading
``Biodefense Countermeasures'' to the Department of Health and
Human Services [HHS]. The transfer of funds, if approved, would
be included in the fiscal year 2010 Departments of Labor,
Health and Human Services, and Education, and related agencies
appropriation bill. The transfer would provide more streamlined
management for the program in combination with other related
HHS programs. The transfer shall not modify the role for DHS as
established in section 319F-2 of the Public Health Service Act,
including its authority to determine material threats or as a
participant in the procurement process for this program. The
Committee strongly urges HHS, in conjunction with DHS to use
funds for the intended purpose, as established in section 319F-
2 of the Public Health Service Act, which is, ``to treat,
identify, or prevent harm from biological, chemical,
radiological, or nuclear agents indentified as an on-going
material threat''. It is imperative that these funds be used to
ensure the Nation's long-term readiness for all threats and are
not depleted at the expense of one current threat.
Federal Emergency Management Agency
MISSION
The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and
protect the Nation from all-hazards, including natural
disasters, acts of terrorism, and other man-made disasters, by
leading and supporting the Nation in a risk-based,
comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$7,094,384,000 for activities of FEMA for fiscal year 2010.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration.......................... 837,437 852,200 859,700
State and Local Programs............................... 3,105,700 \1\3,867,000 3,067,200
Emergency Appropriations (Public Law 111-5)........ 300,000 ................. .................
Firefighters Assistance Grants......................... 775,000 (\2\) 800,000
Emergency Appropriations (Public Law 111-5)........ 210,000 ................. .................
Emergency Management Performance Grants................ 315,000 (\3\) 350,000
Radiological Emergency Preparedness Program............ -505 -265 -265
United States Fire Administration...................... 44,979 45,588 45,588
Disaster Relief........................................ \4\1,400,000 2,000,000 \4\1,456,866
Disaster Assistance Direct Loan Program Account\5\..... 295 295 295
Flood Map Modernization Fund........................... 220,000 220,000 220,000
National Flood Insurance Fund.......................... (156,599) (159,469) (159,469)
National Predisaster Mitigation Fund................... 90,000 150,000 120,000
Emergency Food and Shelter............................. 200,000 100,000 175,000
Emergency Appropriations (Public Law 111-5)........ 100,000 ................. .................
--------------------------------------------------------
Total, Federal Emergency Management Agency....... 7,572,906 7,234,818 7,094,384
========================================================
Appropriations................................... 6,987,906 7,234,818 7,094,384
Emergency Appropriations (Public Law 111-5)...... 610,000 ................. .................
----------------------------------------------------------------------------------------------------------------
\1\Includes $590,000,000 for Firefighter Assistance Grants and $315,000,000 for Emergency Management Performance
Grants.
\2\Budget proposes $590,000,000 under ``State and Local Programs'' account.
\3\Budget proposes $315,000,000 under ``State and Local Programs'' account.
\4\Includes $16,000,000 for the transfer to the Office of Inspector General.
\5\Funding for administrative expenses totaling $580,000 is provided in the FEMA Management and Administration
account.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2009.................................... $837,437,000
Budget estimate, 2010................................... 852,200,000
Committee recommendation................................ 859,700,000
Funding for Management and Administration [M&A] provides
for the development and maintenance of an integrated,
nationwide capability to prepare for, mitigate against, respond
to, and recover from the consequences of major disasters and
emergencies, regardless of cause, in partnership with Federal
agencies, State, local, and tribal governments, volunteer
organizations, and the private sector. M&A supports FEMA's
programs by coordinating between Headquarters and Regional
Offices the policy, managerial, resources, and administrative
actions.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $859,700,000
for Management and Administration.
The specific levels recommended by the Committee, as
compared to the fiscal year 2009 and budget request levels, are
as follows:
MANAGEMENT AND ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2010 budget Committee
2009 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Operations Activities.......................................... 798,595 817,205 820,205
National Capital Region Coordination........................... 6,342 6,995 6,995
Urban Search and Rescue........................................ 32,500 28,000 32,500
------------------------------------------------
Total, Management and Administration..................... 837,437 852,200 859,700
----------------------------------------------------------------------------------------------------------------
OPERATIONS ACTIVITIES
The Committee recommends $820,205,000 for Operations
Activities, instead of $817,205,000 as proposed in the budget.
The Committee also includes a transfer of up to $50,000,000
from Disaster Relief for management and administration
activities, as requested in the budget. This transfer will
support unforeseen personnel costs related to the conversion of
temporary disaster employees to permanent status.
The recommended amount includes an increase of $5,000,000,
which is provided for a human capital study, as described in
the FEMA ``Management and Administration'' account of this
report; for a State, Local, and Tribal preparedness task force,
as described in the ``State and Local Programs'' account; and
for an increase to Ready.gov. Of the total amount, $5,900,000
is provided for data center consolidation and migration, which
is $2,000,000 below the request. The reduction is based on the
Department's execution plan that has activity occurring in
fiscal year 2011.
Operations Activities include funding for the Disaster
Operations Directorate, National Continuity Programs, the
Disaster Assistance Directorate, the Logistics Management
Directorate, the Mitigation Directorate, administrative costs
for the Disaster Assistance Direct Loan Program, the Office of
the Administrator, the Office of Policy and Program Analysis,
the Office of the Chief Financial Officer, the Office of the
Chief Counsel, the Office of Equal Rights, the Office of
Regional Operations, the Office of External Affairs, and the
Office of Management. Funding for the National Preparedness
Directorate and the Grant Programs Directorate is provided in
the ``State and Local Programs'' account.
FISCAL MANAGEMENT AND TRANSPARENCY IN SPENDING
The Committee includes a provision directing FEMA to submit
its fiscal year 2011 budget request, including justification
materials, by office. Each office and FEMA region shall
provide: (1) budget detail by object classification; (2) the
number of FTE on-board; (3) the number of FTE vacancies; and
(4) the appropriation account(s) used to support the office and
the programs managed by the office. This level of detail
provides improved transparency and refined tracking of actual
spending which is imperative given FEMA's growth in size and
mission. Further, FEMA shall report to the Committee within 15
days if any office receives or transfers more than 5 percent of
the total amount allocated to each office.
Since the inadequate response to Hurricane Katrina, FEMA
has experienced tremendous change and expedited growth.
Additionally, many fiscal reforms have been identified, of
which some have been implemented. The Committee recognizes that
the Office of the Chief Financial Officer [OCFO] is the key to
stabilizing the important fiscal reforms that have and need to
occur. The OCFO is encouraged to continue the proactive and
transparent management of resources which will further support
FEMA's ability to successfully accomplish its mission.
FINANCIAL WEAKNESSES
The Committee notes that the OCFO is aggressively
addressing the material financial weaknesses that have been
identified. Despite improvements, FEMA still has weaknesses in
its financial management and internal controls as reported by
the Office of Inspector General [OIG] in the Management Letter
for the fiscal year 2008 DHS' Financial Statement Audit in
March 2009, and the OIG Independent Auditor's Report on FEMA's
fiscal year 2008 Mission Action Plans in July 2008. The
Committee directs FEMA to correct these weaknesses without
delay, and to provide a briefing to the Committees on
Appropriations within 45 days of the date of enactment of this
act on the progress of implementing the Mission Action Plan.
Further, the Committee cautions that the OCFO cannot rectify
all of the issues identified in the audits on its own.
Component heads and program managers must work to resolve the
issues as well. FEMA is directed to provide a list of
components that have outstanding issues and no plan in place to
address those outstanding issues with the fiscal year 2011
budget request.
FEMA WORKFORCE
Since 2007, FEMA has grown from 2,500 FTE to 4,000 FTE and
it is better, but not fully, positioned to be responsive to the
Nation's needs, including a catastrophic event. The Committee
recognizes that after the significant growth of the last
several years it is now prudent to take stock of the FEMA
workforce and identify future needs to ensure it is fully
positioned to respond to the risks the country faces.
Therefore, an additional $2,250,000 is recommended above the
request for FEMA to partner with the Homeland Security
Institute to conduct a study and evaluation of FEMA's human
capital resources. The study shall include, but is not limited
to, specific recommendations regarding the overall size of
FEMA's workforce and the personnel needs of the specific
components, including the Disaster Reserve Workforce; the
optimal distribution of personnel between headquarters and
regional offices to best accomplish its mission; and the skills
needed by FEMA to support the current and the projected risks
the Nation faces.
The Committee is extremely disappointed that a lack of
internal controls has led to significant discrepancies in data
sets for staff on-board and the funding level needed to support
those staff. This funding discrepancy has slowed the progress
of rebuilding FEMA. Due to the Committee's insistence in prior
Appropriations Acts for robust information technology resources
and the recent efforts of the OCFO, this issue is being
resolved. FEMA is directed to brief the Committee on the
specific process used to ensure internal controls are in place
to prevent this issue in the future.
The Committee strongly supports a continued and dedicated
effort to ensure the Disaster Reserve Workforce has adequate
capacity. FEMA is directed to continue its efforts to improve
the performance of the Disaster Reserve Workforce, and to
continue to provide quarterly briefings to the Committee on
this matter.
The Committee also supports the requested increase of
$2,345,000 and 6 FTE for the Office of Environmental Planning
and Historic Preservation [EHP]. The work of the EHP staff
supports the missions of the Disaster Assistance Directorate,
the Mitigation Directorate, and Preparedness grants and should
not be a choke point for efforts of rebuilding, mitigation, and
preparedness.
STAKEHOLDER INVOLVEMENT
In the Homeland Security Appropriations Act, 2009,
$10,000,000 was withheld from both the Office of the Secretary
and Executive Management [OSEM] and FEMA ``Management and
Administration'' until the Secretary of Homeland Security, in
coordination with the Administrator of FEMA, certifies to the
Committees on Appropriations that a process to incorporate
State and local stakeholder input for grants has been
developed. It is unconscionable that 6 years after the creation
of the Department there is still an inefficient grant process.
Further, it is disconcerting that the Secretary has yet to
certify a process. The Committee expects a certification no
later than August 31, 2009. Similar language is contained in
the OSEM section of this report.
INFORMATION AND TECHNOLOGY
The Committee recommends the budget request of $65,201,000
for information technology [IT] maintenance and improvements.
Superb information technology is imperative for FEMA's complex
and varied mission. FEMA is directed to continue to provide
quarterly briefings to the Committee regarding the progress of
IT improvements.
INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
The Committee cautiously supports the budget request for
the Integrated Public Alert and Warning System [IPAWS]. The
Homeland Security Appropriations Act, 2009, directed FEMA to
provide a plan to the Committees on Appropriations by January
2009, outlining the completion of the conversion of IPAWS from
the current emergency alert system. To date, no plan has been
received. The Committee has been supportive of this important
program as upgrades to the current system are needed to provide
messages over more types of media to more people before,
during, and after a disaster. However, bureaucratic delays do
not make citizens safer and each day that passes without
improvements to this system is a wasted opportunity to provide
timely and accurate information to citizens in harm's way. The
Committee expects to receive the plan without delay.
READY.GOV
The Committee recommends $3,000,000 for Ready.gov, which is
$500,000 above the budget request. The Committee supports the
Ready Campaign which educates citizens on how to prepare for
and respond to emergencies. While education efforts must be
locally driven, they need to be coordinated among all levels of
government for consistency when an emergency, regardless of the
size, does occur. If messages are not coordinated at all levels
of government, citizens will receive conflicting information
potentially causing more harm. The increase is provided to
ensure requests from State and local governments to update or
to localize public service advertising can be better met.
PRIVATE SECTOR PREPAREDNESS
The Committee encourages FEMA and the National Protection
and Programs Directorate [NPPD] to continue joint efforts
regarding the improvement of private sector preparedness
through the Voluntary Private Sector Preparedness and
Accreditation and Certification Program, as required in the 9/
11 Act.
EMERGENCY MANAGEMENT INSTITUTE
The Committee supports the budget request of no less than
$7,100,000 for the Emergency Management Institute.
NATIONWIDE PLAN REVIEW UPDATE
The Committee directs FEMA to provide an update on the
status of catastrophic planning, including mass evacuation
planning, in all 50 States and the 75 largest urban areas by
April 16, 2010. The update should include the same
certifications and status of plans for evacuations included in
the Nationwide Plan Review dated June 16, 2006.
NATIONWIDE CYBER SECURITY REVIEW
The security of State and local information technology
networks has serious implications for homeland security, as
network security affects both the continuity of government and
the operations of critical infrastructure. Cyber attacks have
disrupted State government networks, systems, and operations.
Despite its importance, there is not a comprehensive effort to
evaluate the security level of State or local information
technology networks, as it pertains to cyberspace. The
Committee directs the Secretary, in coordination with FEMA and
NPPD, to report on the status of cyber security measures in
place, and gaps in all 50 States and the largest urban areas by
June 1, 2010. The report should include certifications from
each State and urban area as to the exact status of cyber
security measures in place, when the date security plans were
last updated, the dates contingency exercises were last
conducted, and plans for disaster recovery. Similar language is
included in the NPPD section of this report.
STATE, LOCAL, AND TRIBAL PREPAREDNESS TASK FORCE
The Committee provides $2,250,000 above the budget request
to establish and operate a state, local, and tribal
preparedness task force. The National Preparedness Directorate,
with cooperation from the Office of Intergovernmental Affairs,
shall lead the administrative effort for the task force.
In June 2004, the report from the Task Force on State and
Local Homeland Security Funding found that the ``grants process
that has evolved under a microscope without the benefit of
``normal maturity'' afforded similar programs over the years .
. . no one action will solve all of the concerns that have been
voiced. This is an enterprise problem that demands an
enterprise solution.'' Now, 6 years after the creation of DHS,
and after the significant growth in FEMA's size and mission, it
is an appropriate time to review the homeland security grant
programs and also to take an enterprise wide view of the
grants, mandates, and guidance that to date have shaped the
current approach to prevent, prepare for, mitigate against, and
respond to all-hazards.
The task force shall include members from all levels of
government across the preparedness and responder communities
and grants administration.
The task force should find consensus-based solutions to an
interwoven set of homeland security needs and requirements
among all levels of lGovernment for all-hazards. The task force
shall review current programs and requirements and provide
recommendations for all three levels of government and their
equally shared responsibilities in three main areas: grant
programs, Federal mandates, and guidance issued by FEMA. FEMA
is not limited to $2,250,000 for this effort.
U.S. FIRE SERVICE NEEDS ASSESSMENT
FEMA, in conjunction with the National Fire Protection
Association, is directed to provide to the Committees on
Appropriations no later than February 5, 2010, an update to the
U.S. Fire Service Needs Assessment. The update shall be
consistent with the last assessment completed in February 2006
in scope and methodology.
OFFICE OF NATIONAL CAPITAL REGION COORDINATION
The Committee recommends $6,995,000 for the Office of
National Capital Region Coordination [ONCRC], as requested in
the budget. Congress established the ONCRC to enhance domestic
preparedness through cooperation of the Federal, State, and
local governments in the unique environment of the National
Capital Region [NCR].
The Committee remains concerned that planning for
evacuation of the NCR during a disaster has not incorporated
all of the pertinent officials from the appropriate local
communities and States in the decisionmaking process.
Therefore, the Committee includes bill language requiring
inclusion of the Governors of the State of West Virginia and
the Commonwealth of Pennsylvania in the NCR decisionmaking and
planning process for mass evacuations. Further, the Committee
again directs the Department to include officials from the
counties and municipalities that contain the evacuation routes
and their tributaries in the planning process.
URBAN SEARCH AND RESCUE
The Committee recommends $32,500,000, the same amount as
provided in fiscal year 2009 and $4,500,000 above the
President's request, to support the 28 existing Urban Search
and Rescue Teams. The Committee is dismayed that the report
regarding the need for an additional team, required in the
Homeland Security Appropriations Act, 2009, has not been
provided and expects FEMA to provide it without delay.
STATE AND LOCAL PROGRAMS
Appropriations, 2009\1\................................. $3,405,700,000
Budget estimate, 2010\2\................................ 3,867,000,000
Committee recommendation\3\............................. 3,067,200,000
\1\Includes $300,000,000 in emergency appropriations provided in the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
\2\Includes $590,000,000 for Firefighter Assistance Grants and
$315,000,000 for Emergency Management Performance Grants.
\3\The Committee recommendation exceeds the requested level by
$105,200,000 after reducing the request by the amounts requested under
this heading that are funded elsewhere.
State and local programs provide grants for training,
equipment (including interoperable communications equipment),
exercises, and technical assistance to improve readiness for
potential disasters.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2008 and budget
request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Grants:
State Homeland Security Grant Program\1\.............. 950,000 950,000 950,000
Operation Stonegarden\1\.............................. [60,000] [60,000] [60,000]
Urban Area Security Initiative........................ 837,500 887,000 887,000
Regional Catastrophic Preparedness Grants............. 35,000 35,000 35,000
Metropolitan Medical Response System.................. 41,000 40,000 40,000
Citizen Corps......................................... 15,000 15,000 15,000
Public Transportation Security Assistance and Railroad 400,000 250,000 356,000
Security Assistance..................................
Emergency Appropriations (Public Law 111-5)....... 150,000 ................ ................
Port Security Grants.................................. 400,000 250,000 350,000
Emergency Appropriations (Public Law 111-5)....... 150,000 ................ ................
Over-the-Road Bus Security Assistance................. 12,000 ................ (\2\)
Trucking Industry Security Grants..................... 8,000 ................ ................
Buffer Zone Protection Program Grants................. 50,000 50,000 50,000
Driver's License Security Grants Program.............. (\3\) 50,000 50,000
Commercial Equipment Direct Assistance Program........ 8,000 ................ ................
Interoperability Emergency Communications Grant 50,000 50,000 50,000
Program..............................................
Emergency Operations Centers.......................... 35,000 ................ 20,000
Fire Assistance Grants................................ (\4\) 590,000 (\4\)
Emergency Management Performance Grants............... (\5\) 315,000 (\5\)
-----------------------------------------------------
Subtotal, Grants.................................... 3,141,500 3,482,000 2,803,000
=====================================================
National Programs:
National Domestic Preparedness Consortium/Other Pro- 103,700 51,500 103,700
grams................................................
Center for Domestic Preparedness/Noble Training Center 62,500 62,500 62,500
National Exercise Program............................. 40,000 42,000 40,000
Technical Assistance.................................. 11,000 13,000 13,000
Continuing Training Grants............................ 31,000 23,000 27,000
Evaluations and Assessments........................... 16,000 18,000 18,000
-----------------------------------------------------
Subtotal, National Programs......................... 264,200 210,000 264,200
=====================================================
Management and Administration......................... (\6\) 175,000 (\6\)
-----------------------------------------------------
Total, State and Local Programs..................... 3,405,700 \7\3,867,000 3,067,200
=====================================================
Appropriations...................................... 3,105,700 3,867,000 3,067,200
Emergency Appropriations (Public Law 111-5)......... 300,000 ................ ................
----------------------------------------------------------------------------------------------------------------
\1\Funding for Operation Stonegarden provided within the State Homeland Security Grant Program.
\2\Funding available under Public Transportation Security Assistance and Railroad Security Assistance PPA.
\3\Funding of $50,000,000 provided for similar purpose in a general provision.
\4\Funds appropriated under the Firefighter Assistance Grants account.
\5\Funds appropriated under the Emergency Management Performance Grants account.
\6\Funding provided as a percentage of State and Local Programs appropriation.
\7\The Committee recommendation exceeds the requested level by $105,200,000 after reducing the request by the
amounts requested under this heading that are funded elsewhere.
COMMITTEE RECOMMENDATIONS
The Committee recommends $3,067,200,000 for State and local
programs. The Committee recommendation exceeds the requested
level by $105,200,000 after reducing the request by the amounts
requested under this heading that are funded elsewhere. The
Committee includes a provision providing 4.1 percent of the
total amount appropriated for State and local programs for both
the Grants Programs Directorate [GPD] and the National
Preparedness Directorate [NPD]. This is consistent with the
structure of previous years and provides the same amount as
requested in the President's fiscal year 2010 budget for these
important activities. The funds provided for State and local
grants are to be used for purposes consistent with each State's
homeland security strategy, including: training and exercises;
equipment, including interoperable communications equipment;
and technical assistance; and may not, with certain exceptions,
be used for construction activities.
The President proposes to reduce port security, transit
security and fire grants by $485,000,000 based on the assertion
that funds were provided for these programs in the Stimulus
Act. The Committee does not accept the notion that these cuts
are justified by the availability of Stimulus Act funds, which
were provided for different purposes and to create jobs. The
Stimulus Act funds were not provided to prefund fiscal year
2010 activities. The Committee has restored these cuts to the
extent possible.
State and local assistance is for strengthening ``first
responders''--police, fire, rescue, emergency medical, and
other personnel--who are first on scene in the event of a
terrorist attack, natural disaster, or a catastrophic event.
For purposes of eligibility for funds under this heading, any
county, city, village, town, district, borough, parish, port
authority, transit authority, intercity rail provider, commuter
rail system, freight rail provider, water district, regional
planning commission, council of government, Indian tribe with
jurisdiction over Indian country, authorized tribal
organization, Alaska Native village, independent authority,
special district, or other political subdivision of any State
shall constitute a ``local unit of government.''
The Department is encouraged to consider the need for mass
evacuation planning and pre-positioning of equipment for areas
potentially impacted by mass evacuations in allocating first
responder funds. The Department is encouraged to work with
States, local governments, and non-profit entities to develop
comprehensive strategies for evacuating, transferring, and
providing continued care for high-risk obstetric patients and
neonates. Further, the Committee urges the Department to
encourage State and local governments and all grantees to
develop pre-event recovery plans in conjunction with their
response and mitigation plans. The Committee is concerned that
Federally recognized tribes are not adequately included in
homeland security efforts and encourages FEMA to require State
and local governments to include tribal governments in their
planning efforts. Additionally, the Committee is concerned that
State and local cyber security issues are not receiving the
required resources and attention and FEMA is encouraged to
require State and local governments to include Chief
Information Officers in planning efforts. The Committee is
concerned that drinking water and sanitation security needs,
especially related to emergency response initiatives, are not
adequately addressed and FEMA is encouraged to require State
and local governments to include rural water associations in
planning efforts as well.
The Committee is supportive of the Department's efforts to
evaluate applications based on risk and effectiveness. The
Department should continue its efforts to evaluate the State
Homeland Security Grant Program [SHSGP] and the Urban Area
Security Initiative [UASI] applications based on how
effectively these grants will address identified homeland
security needs. The Department shall work aggressively to
ensure grant applicants have the same information that is
available to the Department with regard to threat,
vulnerability, and consequence to ensure applications reflect
true risk.
The Committee expects FEMA to continue to fully engage
subject matter experts within the Department when appropriate
in the development of grant guidance and the determination of
awards. Subject matter experts include the U.S. Customs and
Border Protection, Coast Guard, the Transportation Security
Administration, the National Protection and Programs
Directorate, the Office of Health Affairs, Science and
Technology, the Law Enforcement Advisor to the Administrator,
and the DHS Office of State and Local Law Enforcement. Full
engagement of subject matter experts, however, does not
diminish FEMA's responsibilities to be the lead Agency and
foremost coordinator of each of the grant programs. FEMA is
directed to assume all programmatic functions of grant programs
for the Department and shall be the primary point of contact
for all grantees. The Committee is concerned that there
continues to be imperfect cooperation and collaboration between
GPD and some subject matter experts. It is imperative that
components put aside differences and focus on how best to
manage and improve the programs funded by Congress.
The Committee includes specific timeframes for grant dollar
distribution and expects FEMA and the Department to comply with
the law to ensure homeland security funds are distributed in a
timely manner. For SHSGP, UASI, Regional Catastrophic
Preparedness Grants, Metropolitan Medical Response System
Grants, and Citizens Corps Program grant guidance shall be
issued in 25 days, applicants shall apply within 90 days after
guidance is issued, and FEMA shall act on the application
within 90 days after applications are due. For Public
Transportation Security Assistance and Railroad Security
Assistance, Port Security Grants, Over-The-Road Bus Security
Assistance, Driver's License Security Grants Program,
Interoperable Emergency Communications Grant Program, and
Buffer Zone Protection Program, grant guidance shall be issued
in 30 days, applicants shall apply within 45 days after
guidance is issued, and FEMA shall act on the application
within 60 days after applications are due.
The Committee directs FEMA to provide a report on the
factors it uses to set the priorities within grant guidance.
The report shall also include an evaluation of the funding that
has been used for planning and recovery, especially for transit
security and port security.
STATE HOMELAND SECURITY GRANT PROGRAM
The Committee recommends $950,000,000 for State Homeland
Security Grant Program [SHSGP], of which $60,000,000 shall be
for Operation Stonegarden Grants, as requested in the budget.
The Committee notes that the 0.1 percent allocation of SHSGP to
directly eligible tribes, as required in the 9/11 Act, is a
minimum, not the maximum, amount that should be made available
based on risk. Further, the Committee encourages the Department
to clarify that Western Hemisphere Travel Initiative [WHTI]
implementation activities, including issuance of WHTI compliant
tribal IDs are eligible under this grant program. In accordance
with section 2004 of the Homeland Security Act of 2002, all
funds (excluding Operation Stonegarden) above the amount
automatically allocated to States and territories, shall be
allocated based on risk (as defined by threat, vulnerability,
and consequences). Operation Stonegarden shall be competitively
awarded.
URBAN AREA SECURITY GRANT PROGRAM
The Committee recommends $887,000,000 for the UASI Grant
Program, as proposed in the budget. Of the amount provided
under this heading, $20,000,000 is available for nonprofit
entities determined to be at risk by the Secretary.
LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
In accordance with section 2006 of the Homeland Security
Act of 2002, the Law Enforcement Terrorism Prevention Program
[LETPP] is funded through a required set aside of 25 percent of
the funds appropriated through the SHSGP and UASI programs. The
Committee directs FEMA to provide clear guidance to States and
urban areas to ensure that the intent of LETPP is fully
realized and the program is fully maximized.
REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM
The Committee recommends $35,000,000 for the Regional
Catastrophic Preparedness Grant Program [RCPGP], the same
amount as proposed in the budget.
The RCPGP has provided needed funding for planning efforts.
As plans are completed, FEMA is directed to: prioritize funding
for efforts which formalize sustainable working groups for
continued effective coordination; ensure synchronization of
plans and shared best practices; implement citizen and
community preparedness campaigns; and pre-position needed
commodities and equipment. FEMA is further directed to take
into account the needs of both the area at risk of attack and
likely host communities.
METROPOLITAN MEDICAL RESPONSE SYSTEM
The Committee recommends $40,000,000 for the Metropolitan
Medical Response System [MMRS], instead of $40,000,000 for the
Medical Surge Grant Program, as proposed in the budget.
The Committee is perplexed that the President's budget
includes a request to replace the MMRS program with a program,
called Medical Surge Grant Program, that has no clear
explanation or justification. Therefore, this proposal is
rejected.
CITIZENS CORPS
The Committee recommends $15,000,000 for the Citizens Corps
Program, as proposed in the budget.
PUBLIC TRANSPORTATION SECURITY ASSISTANCE, RAILROAD SECURITY
ASSISTANCE, AND OVER-THE-ROAD BUS SECURITY ASSISTANCE
The Committee recommends $356,000,000 for Public
Transportation Security Assistance [PTSA], Railroad Security
Assistance [RSA], and Over-The-Road Bus Security Assistance;
instead of $250,000,000 for PTSA and RSA, and no funding for
Over-The-Road Bus Security Assistance as proposed in the budget
request. Of the recommended amount, no less than $25,000,000 is
provided for Amtrak security needs and no less than $6,000,000
is for Over-The-Road Bus Security Assistance.
PORT SECURITY GRANTS
The Committee recommends $350,000,000 the Port Security
Grant Program, instead of $250,000,000 as proposed in the
budget.
BUFFER ZONE PROTECTION PROGRAM
The Committee recommends $50,000,000 for the Buffer Zone
Protection Program, as proposed in the budget.
DRIVER'S LICENSE SECURITY GRANTS PROGRAM
The Committee recommends $50,000,000 for the Driver's
License Security Grants Program, as proposed in the budget.
INTEROPERABILITY EMERGENCY COMMUNICATIONS GRANTS
The Committee recommends $50,000,000 for Interoperability
Emergency Communications Grants, the same amount as proposed in
the budget.
The Committee expects that before grant dollars can be
obligated by grantees for interoperable communications
equipment, jurisdictions must certify to FEMA that the funds
are being spent in accordance with their plans. The Committee
directs FEMA Regional Offices to assist in integrating
communications plans.
EMERGENCY OPERATIONS CENTERS
The Committee recommends $20,000,000 for Emergency
Operations Centers, instead of no funding as proposed in the
budget.
Bill language is included providing for the Congressionally
directed spending items listed in the following table:
EMERGENCY OPERATIONS CENTERS
------------------------------------------------------------------------
Amount
------------------------------------------------------------------------
State of Ohio......................................... $1,500,000
City of Chicago, IL................................... 1,000,000
City of Ames, IA...................................... 600,000
County of Union, NJ................................... 353,000
City of Hackensack, NJ................................ 300,000
Township of South Orange Village, NJ.................. 247,000
City of Mount Vernon, NY.............................. 1,000,000
City of Whitefish, MT................................. 900,000
Lincoln County, WA.................................... 1,000,000
City of Providence, RI................................ 980,000
North Louisiana Regional, LA.......................... 980,000
City of North Little Rock, AR......................... 900,000
------------------------------------------------------------------------
CENTER FOR DOMESTIC PREPAREDNESS
The Committee recommends $62,500,000 to continue activities
for the Center for Domestic Preparedness. Included in this
amount is funding to continue activities for the Noble Training
Center.
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM/OTHER PROGRAMS
The Committee recommends $102,000,000 for the National
Domestic Preparedness Consortium, instead of $51,500,000, as
proposed in the budget. Funds are to be allocated in the same
amounts as fiscal year 2009. Existing members of the Consortium
include: the National Energetic Materials Research and Testing
Center, New Mexico Institute of Mining and Technology; the
National Center for Biomedical Research and Training, Louisiana
State University; the National Emergency Response and Rescue
Training Center, Texas A&M University; the National Exercise,
Test, and Training Center, Nevada Test Site; the Transportation
Technology Center, Incorporated, in Pueblo, Colorado; and the
Natural Disaster Preparedness Training Center, University of
Hawaii, Honolulu, Hawaii.
The Committee clarifies that the Natural Disaster
Preparedness Training Center provides natural disaster
preparedness training, including outreach and response training
for the public, all hazards training for first responders with
a particular focus on challenges facing island and rural
communities, and a certificate and undergraduate degree program
for homeland security and disaster management.
The Committee also recommends $1,700,000 for
counterterrorism and cybercrime training at Norwich University
in Northfield, Vermont.
CONTINUING TRAINING GRANTS
The Committee provides $27,000,000 for continuing training
grants, $4,000,000 above the request and $4,000,000 below
fiscal year 2009. 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. The Committee also notes the importance of the
Mobile Education Team providing half-day, graduate-level
seminars on homeland security challenges for Governors, Mayors,
and senior staff being conducted prior to any emergency their
community may experience.
NATIONAL EXERCISE PROGRAM
The Committee recommends $40,000,000 for the National
Exercise Program, the same amount as fiscal year 2009, and
$2,000,000 below the budget request.
TECHNICAL ASSISTANCE
The Committee recommends $13,000,000 for Technical
Assistance, the same amount as the budget request, and
$2,000,000 above fiscal year 2009.
The Committee encourages FEMA to continue to provide
training to first responders through the Domestic Preparedness
Equipment Technical Assistance Program.
The Committee encourages FEMA to fulfill requests from
States that apply for technical assistance for a feasibility
study, including planning and design, of a fixed State
emergency training facility.
EVALUATIONS AND ASSESSMENTS
The Committee recommends $18,000,000 for Evaluations and
Assessments. The Committee continues to be alarmed that 6 years
after the creation of the Department we still cannot
effectively answer the question required by legislative and
executive mandate: How prepared are we? A recent GAO report on
National Preparedness [GAO-09-369] found that FEMA has taken
initial steps to assess capabilities at all levels of
government, but faces methodological and coordination
challenges in completing the system. The Committee is
frustrated with the fractured approach to date of measuring the
effectiveness of FEMA programs--from grants to those actions
required by Homeland Security Presidential Directive-8. While
the Committee understands that an internal working group is
beginning to put the pieces of the disparate system together,
it fears this process will be cumbersome, wrought with turf
battles, and slow to produce usable information. Therefore, the
Office of Preparedness Policy, Planning, and Analysis shall
brief the Committee monthly on the detailed plans to measure
the Nation's preparedness, including milestone dates and
program risks.
FIREFIGHTER ASSISTANCE GRANTS
Appropriations, 2009\1\................................. $985,000,000
Budget estimate, 2010\2\................................................
Committee recommendation................................ 800,000,000
\1\Includes $210,000,000 in emergency appropriations provided in the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
\2\Budget proposes $590,000,000 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 $800,000,000 for firefighter
assistance grants, including $380,000,000 for firefighter
assistance grants, and $420,000,000 for firefighter staffing
grants, to remain available until September 30, 2010. This is
$25,000,000 above the fiscal year 2009 level (excluding funding
included in the Stimulus Act) and $210,000,000 above the level
requested in ``State and Local Programs''.
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.
The Committee directs the Department to continue direct
funding to fire departments and the peer review process. Five
percent of grant funds shall be for program administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2009.................................... $315,000,000
Budget estimate, 2010\1\................................................
Committee recommendation................................ 350,000,000
\1\Budget proposes $315,000,000 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], an increase of
$35,000,000 from the amount requested in the budget within the
``State and local programs'' account. EMPG is an essential
source of funding for State and local emergency management.
The Committee directs FEMA to retain EMPG as a separate
grant program, and not to combine its funding with any other
grant allocation or application process. Not to exceed 3
percent of grant funds shall be for administrative expenses.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriations, 2009\1\................................. -$505,000
Budget estimate, 2010\1\................................ -265,000
Committee recommendation\1\............................. -265,000
\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 $265,000 in
fiscal year 2010.
UNITED STATES FIRE ADMINISTRATION
Appropriations, 2009.................................... $44,979,000
Budget estimate, 2010................................... 45,588,000
Committee recommendation................................ 45,588,000
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 $45,588,000 for the USFA, as
requested in the budget.
The Committee directs USFA to work with the United States
Department of Agriculture and the Department of Interior to
ensure compatible data on wildfires is available. The Committee
is dismayed that the facilities master plan report, which was
due to the Committees on Appropriations on April 6, 2009, as
required by the Homeland Security Appropriations Act, 2009, has
not been received and FEMA is expected to provide it without
delay.
The Committee directs USFA to provide a briefing within 30
days of the date of enactment of this act on the status of
implementing the upgrade to the National Fire Information
Reporting System, including future milestones for measuring
progress.
DISASTER RELIEF
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2009.................................... $1,400,000,000
Budget estimate, 2010................................... 2,000,000,000
Committee recommendation................................ 1,456,866,000
Through the Disaster Relief Fund [DRF], the Department
provides a significant portion of the total Federal response to
victims in presidentially declared major disasters and
emergencies. Major disasters are declared when a State requests
Federal assistance and proves that a given disaster is beyond
the local and State capacity to respond. Under the DRF, FEMA
will continue to operate the primary assistance programs,
including Federal assistance to individuals and households; and
public assistance, which includes the repair and reconstruction
of State, local, and nonprofit infrastructure. The post-
disaster hazard mitigation set-aside to States, as part of the
DRF, works as a companion piece to the National Pre-Disaster
Mitigation Fund.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total amount of $1,456,866,000
for disaster relief. As requested, the Committee recommends
bill language transferring up to $50,000,000 of the total
amount to FEMA ``Management and Administration'' subject to
Committee notification, for unforeseen personnel support costs
related to the conversion of temporary disaster employees to
permanent employees. Additionally, the Committee recommends
bill language transferring $16,000,000 of the total amount
appropriated to the Office of the Inspector General for audits
and investigations related to disasters. The Committee also
recommends bill language requiring an expenditure plan and
quarterly reports for disaster readiness and support costs; and
a monthly report on the disaster relief expenditures.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
Appropriations, 2009\1\................................. $295,000
Budget estimate, 2010\1\................................ 295,000
Committee recommendation\1\............................. 295,000
\1\Funding for administrative expenses totaling $580,000 is included in
FEMA ``Management and Administration''.
Disaster assistance loans authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5162) are loans to States for the non-Federal portion of
cost sharing funds, and community disaster loans to local
governments incurring a substantial loss of tax and other
revenues as a result of a major disaster. The funds requested
for this program include direct loans and a subsidy based on
criteria including loan amount and interest charged. As
required by the Federal Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), this account records, for this program, the subsidy
costs associated with the direct loans obligated in 1992 and
beyond (including modifications of direct loans), as well as
administrative expenses of the program. The subsidy amounts are
estimated on a present value basis; the administrative expenses
are estimated on a cash basis.
COMMITTEE RECOMMENDATIONS
The Committee recommends $295,000, as proposed in the
budget, in subsidy costs for disaster assistance direct loans.
The Committee recommends administrative costs for the
Disaster Assistance Direct Loan Program totaling $580,000 for
the program. These funds are included in FEMA ``Management and
Administration'', as proposed in the budget.
Bill language is included directing the gross obligations
for the principal amount of direct loans to not exceed
$25,000,000.
FLOOD MAP MODERNIZATION FUND
Appropriations, 2009.................................... $220,000,000
Budget estimate, 2010................................... 220,000,000
Committee recommendation................................ 220,000,000
This appropriation supports the functions necessary to
modernize and digitize flood maps. The flood maps are used to
determine appropriate risk-based premium rates for the National
Flood Insurance Program, to complete flood hazard
determinations required of the Nation's lending institutions,
and to develop appropriate disaster response plans for Federal,
State, and local emergency management personnel.
COMMITTEE RECOMMENDATIONS
The Committee recommends $220,000,000 for the Flood Map
Modernization Fund, the same amount as the budget request, and
includes language in the bill that provides up to 3 percent of
the funds may be made available for administrative purposes.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2009\1\................................. ($156,599,000)
Budget estimate, 2010................................... (156,469,000)
Committee recommendation................................ (156,469,000)
\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 $159,469,000, 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.
FINANCIAL WEAKNESSES
The Office of Inspector General has identified financial
weaknesses in the National Flood Insurance Program as specified
in the April 2009, National Flood Insurance Program Management
Letter for the fiscal year 2008 DHS' Financial Statement Audit.
The Committee directs FEMA to correct these weaknesses without
delay, and to provide a briefing to the Committees on
Appropriations within 45 days of the date of enactment of this
act on the progress of implementing the Mission Action Plan.
NATIONAL PREDISASTER MITIGATION FUND
Appropriations, 2009.................................... $90,000,000
Budget estimate, 2010................................... 150,000,000
Committee recommendation................................ 120,000,000
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 $120,000,000 for PDM, $30,000,000
above the fiscal year 2009 level, and $30,000,000 below the
request.
EMERGENCY FOOD AND SHELTER
Appropriations, 2009\1\................................. $300,000,000
Budget estimate, 2010................................... 100,000,000
Committee recommendation................................ 175,000,000
\1\Includes $100,000,000 in emergency appropriations provided in the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
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 $175,000,000 for Emergency Food
and Shelter, which is $75,000,000 above the budget request
level.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations, 2009........................... $101,740,000
Budget estimate, 2010................................... 364,000,000
Committee recommendation................................ 135,700,000
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 $2,638,932,000,
including direct appropriations of $135,700,000 and estimated
fee collections of $2,503,232,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations............................................ 101,740 364,000 135,700
=====================================================
Estimated Fee Collections:
Immigration Examinations Fees......................... 2,495,186 2,451,884 2,451,884
H-1B and L Fraud Prevention and Detection Fees........ 31,000 38,348 38,348
H-1B Non-immigrant Petitioner Fees.................... 13,000 13,000 13,000
-----------------------------------------------------
Total, Estimated Fee Collections.................... 2,539,186 2,503,232 2,503,232
=====================================================
Total, Available Funding............................ 2,640,926 2,867,232 2,638,932
----------------------------------------------------------------------------------------------------------------
E-VERIFY
The Committee recommends $118,500,000 for the E-verify
program. The $6,500,000, 7 positions, and 4 FTE above the
request are for additional system enhancements, an identity
assurance tool, and additional capacity to investigate
fraudulent use of identity documents.
The Committee strongly 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 an essential tool for employers committed to
maintaining a legal workforce and a key deterrent to illegal
immigration. The requested program increase and the additional
funds recommended by the Committee will promote monitoring and
compliance activities and IT-related business initiatives
geared toward improved system use.
The Committee notes that USCIS has significantly enhanced
E-Verify over the last few years, resulting in decreasing
tentative non-confirmation rates while implementing continuous
improvements. According to an independent evaluation of E-
Verify, 96.1 percent of all cases queried through E-Verify were
automatically verified, in the first instance, as work
authorized. The 96.1 percent figure (based on data from the
third quarter of fiscal year 2008) represents a significant
improvement over earlier evaluation results; the automatic
verification rate improved from 83 percent in 2002 to 94.7
percent in 2007. Of the remaining 3.9 percent of queries with
an initial mismatch, only 0.37 percent of those were later
confirmed to be work authorized. The initial mismatch could
have been due to data error or someone not notifying the Social
Security Administration [SSA] of name change, et cetera. The
majority of remaining queries that were not automatically
verified indicate that the program is doing what it is intended
to do: detect unauthorized workers trying to work unlawfully.
The Committee is aware that there is a common misconception
that an initial mismatch indicates a program or database error.
An initial mismatch instead indicates either: (1) a discrepancy
between the information an employee has provided and
information in government records; (2) that an employee has
failed to update their information with SSA or DHS (such as a
name change after marriage); or (3) an individual without work
authorization has submitted fraudulent information. These
individuals are afforded the opportunity to contest the finding
by contacting SSA or DHS to resolve the discrepancy; however,
as indicated, less than half of one percent of all individuals
run through the program successfully contest an initial
mismatch. Remaining queries receive a ``Final Non-
Confirmation'' in the system to inform an employer that they
are not work authorized. This data indicates the program's
success in quickly verifying the status of those who are work
authorized and detecting those ineligible for employment.
Given the concerns by some of the general public with E-
Verify, the Committee urges USCIS to continue to work to
enhance the system to further improve performance, to continue
its public outreach and education campaign, and to perform a
new, independent evaluation of the system during the first
quarter of fiscal year 2010.
The bill also includes a general provision extending the E-
Verify program for 3 years, as requested.
PROPOSED NEW FEES
The budget proposed $206,000,000 in new appropriated
resources to cover the costs associated with performing
international programs such as asylum, refugee, and
humanitarian parole, as well as funding the costs of military
naturalizations. The Committee supports appropriations to
support those men and women serving this Nation in the military
and has included $5,000,000, as requested, for military
naturalizations. The Committee does not include the other
requested funds and supports the existing method used to cover
the costs for those activities. Therefore, the Committee
directs the Department to submit a reprogramming within 30 days
after the date of enactment of this act, to reflect the
continuation of these activities as fee funded.
IMMIGRANT INTEGRATION
The Committee recommends an additional $1,200,000, the same
level as provided in fiscal year 2009, for citizenship
education and immigrant integration grants. The Committee notes
that the current year grant applications are still being
evaluated and that the 2009 funds have yet to be awarded. The
Committee does not recommend the $10,000,000 requested in the
budget for a new immigrant integration activity. The Committee
notes that the Office of Citizenship Services has long provided
admirable services to assist those individuals seeking to
become U.S. citizens or otherwise legally adjust their status
and will have $6,400,000 of carry forward balances to continue
these efforts. This makes a total of $7,600,000 available for
immigrant services and integration grants.
DRIVER'S LICENSE SECURITY HUB
The Committee supports the development of a Driver's
License Security hub to assist State motor vehicle offices and
other drivers' license issuing entities to produce secure
drivers licenses and notes that Congress provided $50,000,000,
as requested, in fiscal year 2009 for this purpose. Due to the
fact that these funds remain unobligated and the Department
continues to review plans for development of the hub, the
Committee provides no new funding for this activity. The
Committee strongly encourages the Department to deliver its
plan for the hub and anticipates receiving the development plan
this year.
FBI BACKGROUND CHECK BACKLOG
The Committee is pleased to note that the multiyear FBI
name check backlog has been eliminated. As of April 30, 2009,
there were only 32 cases, out of 1,645 pending, which were more
than 30 days old, compared to over 327,000 pending cases on
April 1, 2008. The Committee expects USCIS to report to the
Committee in the event that there are indications that the
backlog is returning.
COMMITTEE RECOMMENDATIONS
The following table, which includes appropriations and
estimated fee collections, summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Employment Eligibility Verification [EEV]/E-Verify.... 100,000 112,000 118,500
Data Center Consolidation............................. ................ 11,000 11,000
Benefit Parole Programs............................... 540 ................ ................
Immigration Service Programs.......................... 1,200 10,000 1,200
Driver's License Security Hub......................... ................ 25,000 ................
Asylum and Refugee Services........................... ................ 206,000 5,000
-----------------------------------------------------
Total, Appropriations............................... 101,740 364,000 135,700
=====================================================
Fee Collections:
Adjudication Services:
Pay and Benefits.................................. 780,076 ................ ................
Operating Expenses:
District Operations........................... 535,156 1,132,317 1,132,317
Service Center Operations..................... 345,890 549,623 549,623
Asylum, Refugee and International Operations.. 92,602 ................ ................
Records Operations............................ 85,946 107,113 107,113
Business Transformation....................... 139,000 173,264 173,264
International Operations...................... ................ 64,587 64,587
-----------------------------------------------------
Subtotal, Adjudication Services............. 1,978,670 2,026,904 2,026,904
=====================================================
Information and Customer Services:
Pay and Benefits.................................. 92,587 ................ ................
Operating Expenses:
Information and Customer Service.............. ................ 89,050 89,050
National Customer Service Center.............. 53,747 ................ ................
Information Services.......................... 21,465 ................ ................
-----------------------------------------------------
Subtotal, Information and Customer Serv- 167,799 89,050 89,050
ices.......................................
=====================================================
Administration:
Administration.................................... ................ 365,932 365,932
Pay and Benefits.................................. 88,746 ................ ................
Operating Expenses................................ 285,153 ................ ................
-----------------------------------------------------
Subtotal, Administration........................ 373,899 365,932 365,932
=====================================================
Systematic Alien Verification for Entitlements [SAVE]. 18,818 21,346 21,346
=====================================================
Total, Fee Collections.............................. 2,539,186 2,503,232 2,503,232
----------------------------------------------------------------------------------------------------------------
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriations, 2009.................................... $246,530,000
Budget estimate, 2010................................... 245,356,000
Committee recommendation................................ 244,356,000
The Federal Law Enforcement Training Center Salaries and
Expenses appropriation provides funds for basic and some
advanced training to Federal law enforcement personnel from
more than 80 agencies. This account also allows for research of
new training methodologies; provides for training to certain
State, local, and foreign law enforcement personnel on a space-
available basis; and accreditation of Federal law enforcement
training programs.
COMMITTEE RECOMMENDATIONS
The Committee recommends $244,356,000 for salaries and
expenses of the Federal Law Enforcement Training Center [FLETC]
for fiscal year 2010. Within the funds provided is $1,309,000
for the Federal Law Enforcement Training Accreditation Board,
$4,100,000 for the Train 21 program, and $5,000,000 for Data
Center migration. Hiring of new Border Patrol agents has
increased drastically since 2001. Beginning in 2010, the hiring
of Border Patrol agents will begin to slow down. Due to reduced
hiring, the President's budget decreased funding for basic
training requirements by $12,512,000.
The Committee encourages FLETC to continue and expand
existing institutional partnerships prior to initiating new
partnerships to assist in meeting State, local, and other
training needs.
The Committee includes bill language requiring the Director
of FLETC to ensure all training centers are operated at the
highest capacity feasible throughout the fiscal year. The
Committee also expects the Director to maintain training at or
near capacity before entering into new leases with private
contractors or establishing new partner organizations.
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, 2009.................................... $86,456,000
Budget estimate, 2010................................... 43,456,000
Committee recommendation................................ 43,456,000
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 $43,456,000 for acquisitions,
construction, improvements, and related expenses for expansion
and maintenance of facilities of FLETC.
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, 2009.................................... $132,100,000
Budget estimate, 2010................................... 142,200,000
Committee recommendation................................ 143,200,000
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 $143,200,000 for management and
administration of programs and activities carried out by S&T.
Of this amount, the Committee recommends up to $10,000 for
official reception and representation expenses.
The recommended amount is $1,000,000 above the request and
$11,100,000 above the fiscal year 2009 level.
TEST AND EVALUATIONS
Under Acquisition Directive 102-01, S&T is responsible for
ensuring that approved level 1 acquisitions comply with
departmental guidance for testing and evaluating technologies.
The Committee strongly supports S&T's role in the Acquisition
Review Process. To ensure S&T has adequate staff and resources
to fulfill this requirement, the Committee provides an increase
of $1,000,000 above the request for additional Government
personnel for Test and Evaluations/Standards to support the
Department's Acquisition Review Board process. Further, S&T is
directed to provide quarterly briefings to the Committee on the
test and evaluation status of all level 1 acquisitions.
STRATEGIC PLANNING
At the direction of the Committee, the National Academy of
Public Administration [NAPA] undertook an independent review of
research and development spending on homeland security within
the Federal Government. As a result, NAPA found that S&T's
efforts could be improved with the development of an internal
strategic plan to focus efforts and measure progress of
research projects. In addition, NAPA recommends a more
coordinated approach to developing the Federal homeland
security research strategic plan mandated by section 302 of
Public Law 107-296. S&T is directed to report to the Committee
within 30 days of the date of enactment of this act on its
plans and timelines for full implementation of the NAPA
recommendations in this area.
RESULTS OF RESEARCH PROJECTS
S&T is directed to submit a report, in conjunction with the
fiscal year 2011 President's budget request and in each
subsequent fiscal year, on the results of its research and
development for the prior fiscal year. This report should
detail all technologies, technology improvements, or
capabilities delivered to front line users, and if the
technology or capability was the result of the Integrated
Product Team process. The first report will cover all results
from fiscal year 2009.
OBLIGATIONS AND DE-OBLIGATIONS
The Committee requires more clarity in the process used by
S&T to evaluate projects that have not used all of their
allotted funds, and the process used to move funds from one
project to another over time. S&T is directed to submit a
report, in conjunction with the fiscal year 2011 President's
budget request and in each subsequent fiscal year, on the
amounts deobligated from projects during the prior fiscal year
and what projects those funds were subsequently obligated to.
The first report will cover all results from fiscal year 2009.
ASSESSMENT OF PROGRAM RESOURCES
In the past, S&T was assessing various programs for
operating costs that had not been fully accounted for in the
management and administration account. While this practice
appears to have ceased, the Committee reminds the Department
that it expects to be notified should S&T assess any program
for administrative costs exceeding 5 percent of the total
program appropriation through a notification pursuant to
section 503 of this act.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
Appropriations, 2009.................................... $800,487,000
Budget estimate, 2010................................... 826,191,000
Committee recommendation................................ 851,729,000
Science and Technology [S&T] supports the mission of DHS
through basic and applied research, fabrication of prototypes,
research and development to mitigate the effects of weapons of
mass destruction, as well as acquiring and field testing
equipment. Separate funding is provided for 12 different
activities or portfolios.
COMMITTEE RECOMMENDATONS
The Committee recommends $851,729,000 for research,
development, acquisition, and operations of S&T, with the funds
to remain available for 2 years. The recommended amount is
$25,538,000 above the request and $51,242,000 above the fiscal
year 2009 level. The Committee does not include a separate PPA
for the Homeland Security Institute, as requested in the
budget. A general provision is included rescinding $7,500,000
of unobligated prior year balances.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
SCIENCE AND TECHNOLOGY--RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2009 Fiscal year 2010 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Borders and Maritime Security............................. 33,050 40,181 40,181
Chemical and Biological................................... 200,408 206,800 206,800
Command, Control, and Interoperability.................... 74,890 80,264 83,264
Explosives................................................ 96,149 120,809 120,809
Human Factors............................................. 12,460 15,087 12,460
Infrastructure and Geophysical............................ 75,816 44,742 67,607
Innovation................................................ 33,000 44,000 44,000
Laboratory Facilities..................................... 161,940 154,500 154,500
Test and Evaluation/Standards............................. 28,674 28,674 28,674
Transition................................................ 28,830 45,134 45,134
University Programs....................................... 50,270 46,000 48,300
Homeland Security Institute............................... 5,000 ................ ................
-----------------------------------------------------
Total, Research, Development, Acquisition, and 800,487 826,191 851,729
Operations.........................................
----------------------------------------------------------------------------------------------------------------
BORDER AND MARITIME SECURITY
The Committee recommendation includes $40,181,000, an
increase of $7,131,000, as requested in the budget, for
developing and transitioning tools and technologies that
improve the security of our Nation's borders and waterways.
Within the amount recommended is $13,199,000 for research on
border technologies including $3,000,000 for urban tunnel
detection basic research, as requested.
CHEMICAL AND BIOLOGICAL
The Committee recommendation includes $206,800,000, an
increase of $6,392,000 above the fiscal year 2009 level, as
requested in the budget, for developing technologies for the
detection of chemical, biological, and radiological
contaminants.
The Committee supports the transfer of the BioShield
program from DHS to the Department of Health and Human Services
as proposed in the budget, but S&T shall continue to carry out
the responsibilities of section 3(c)(2) of the Project
BioShield Act of 2004 (Public Law 108-276), which requires the
Secretary of Homeland Security to make determinations of
chemical, biological, nuclear, and radiological agents that are
material threats to the U.S. population. Sufficient funds for
this responsibility are provided within the recommendation.
COMMAND, CONTROL, AND INTEROPERABILITY
The Committee recommendation includes $83,264,000, an
increase of $3,000,000 above the amount requested in the
budget. The Committee recommendation includes not less than
$3,000,000, the same as the fiscal year 2009 level, for
Distributed Environment for Critical Infrastructure
Decisionmaking Exercises for research of low probability, high
consequence cyber attacks against infrastructure critical to
the U.S. economy. The Committee also encourages S&T to continue
to work with the Homeland Open Security Technology program,
which has successfully demonstrated the use of open source
methodologies to address encryption and distribution issues of
critical national interest. Expansion of this project would
increase efforts to address these issues across all Federal
agencies.
FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS
S&T, in conjunction with the Director of the National
Institute of Standards and Technology, shall continue assessing
the compliance of first responder communications equipment with
common system standards for digital public safety radio
communications (Project 25 standards).
EXPLOSIVES
The Committee recommendation includes $120,809,000, an
increase of $24,660,000 above the fiscal year 2009 level, as
requested in the budget. The Committee includes $10,000,000,
the same as the budget request level, to develop air cargo
screening technologies. The Committee expects this effort to be
based on a systems approach that is technologically achievable
and economically feasible. S&T is expected to study available
technology comprehensively to create the best uniform system to
detect scalable, cost-effective technologies for the most
viable threats.
COUNTER-IMPROVISED EXPLOSIVE DEVICE RESEARCH
The Committee recommendation includes $14,660,000 to
support counter-improvised explosive device [IED] research, as
requested in the budget. S&T is directed to report to the
Committee, by March 5, 2010, on the progress made in addressing
any identified gaps in research and development aimed at
countering the threat of IED's and how the funds recommended
will further close the identified gaps.
HUMAN FACTORS
The Committee recommendation includes $12,460,000, the same
as the fiscal year 2009 enacted level, for Human Factors.
INFRASTRUCTURE AND GEOPHYSICAL
The Committee recommendation includes $67,607,000, an
increase of $22,865,000 above the amount requested in the
budget. The amount recommended includes not less than
$20,865,000 to continue the Southeast Region Research
Initiative at the Oak Ridge National Laboratory; and not less
than $2,000,000 for the Cincinnati Urban Area partnership
established through the Regional Technology Integration
Initiative.
INNOVATION
The Committee recommendation includes $44,000,000, an
increase of $11,000,000 above the fiscal year 2009 level, as
requested in the budget. Consistent with the budget request,
specific projects to be funded include: $2,000,000 for the
Multi-modal Tunnel Detect project; $2,000,000 for the Resilient
Tunnel project; $4,000,000 for levee strengthening and damage
mitigation; $1,500,000 for hurricane and storm surge
mitigation; and $8,000,000 for the resilient electric grid.
LABORATORY FACILITIES
The Committee recommendation includes $154,500,000 for
Laboratory Facilities, as requested in the budget. Included in
this amount is $12,000,000 as requested for construction
responsibilities of DHS for the Physical Science Facility and
refurbishment of building 325 at the Pacific Northwest National
Laboratory.
The Committee recognizes the importance of building the new
National Bio and Agro-defense Facility [NBAF] as it will be the
United States' primary defense against at least eight major
diseases and viruses as well as other zoonotic diseases that
may present a food security, animal health, or public health
risk. The recent outbreak of H1N1 Swine Influenza underscores
the need for the United States to have a central facility to do
research on containing and combating such zoonotic diseases in
animals before they are transmitted to people. Therefore, the
Committee recommendation includes $36,312,000, as requested, to
allow the NBAF to maintain the construction schedule outlined
in the fiscal year 2010 congressional justification.
Further, $5,000,000 is included, as requested, for
infrastructure upgrades at the Transportation Security
Laboratory [TSL]. To ensure that the Committee has the full
long-term plan for modernizing the laboratory, S&T shall
provide a 5-year master facility plan for improvements at the
TSL to the Committee by March 5, 2010.
TRANSITION
The Committee recommendation includes $45,134,000 for
Transition, as requested in the budget. Included in the amount
requested is an increase of $12,000,000 for first responder
technologies to address gaps identified by the new Federal,
State, local, and tribal First Responders Integrated Product
Team. Given that this effort is just getting underway, and that
project requirements have not yet been decided for any
potential projects to be funded from this program, an
expenditure plan for these funds is required to be submitted 60
days after the date of enactment of this act.
UNIVERSITY PROGRAMS
The Committee recommendation includes $48,300,000 for
University Programs, $2,300,000 above the amount requested in
the budget. The increased funding is to ensure an adequate
level of funding for the continuation of this program. The
Committee notes that $2,000,000 for the Naval Post Graduate
School is funded in the Transition PPA, as requested in the
budget.
NEW TECHNOLOGIES
The Committee believes new technologies may significantly
help the Department as it seeks to secure our homeland. The
Committee encourages the Department to develop, through
competitive awards, such technologies as: antigen presenting
cell biosensors; micro-electric-mechanical systems based, low-
power, portable chemical detection system; and integrated
biometric detectors.
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 $374,037,000 for activities of
DNDO for fiscal year 2010. The recommendation is an decrease of
$140,154,000 from the fiscal year 2009 level and an increase of
$7,901,000 from the level proposed in the budget request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2009 and budget
request levels:
DOMESTIC NUCLEAR DETECTION OFFICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2009 2010 budget Committee
enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration................................ 37,500 39,599 37,500
Research, Development, and Operations........................ 323,200 326,537 326,537
Systems Acquisition.......................................... 153,491 ............... 10,000
--------------------------------------------------
Total, Domestic Nuclear Detection Office............... 514,191 366,136 374,037
----------------------------------------------------------------------------------------------------------------
ALTERNATIVE PATHWAYS
The Committee continues to raise concerns that terrorists
may be able to acquire a nuclear weapon and choose to transport
it into the country through means other than a shipping
container. The Committee again urges DNDO to prioritize its
development and deployment of detection equipment upon risk,
and as appropriate, focus on other pathways into the country
such as general aviation, small pleasure maritime craft, or
other routes it deems the highest risk.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2009.................................... $37,500,000
Budget estimate, 2010................................... 39,599,000
Committee recommendation................................ 37,500,000
The Management and Administration account funds salaries,
benefits, and expenses for the Domestic Nuclear Detection
Office.
COMMITTEE RECOMMENDATIONS
The Committee recommendation includes $37,500,000 for
Management and Administration. The recommendation is the same
as the fiscal year 2009 level and a decrease of $2,099,000 from
the level proposed in the budget request. Of this amount the
Committee recommends not to exceed $3,000 for official
reception and representation expenses. Funds are decreased due
to the delay in filling full-time permanent positions within
DNDO.
RESEARCH, DEVELOPMENT, AND OPERATIONS
Appropriations, 2009.................................... $323,200,000
Budget estimate, 2010................................... 326,537,000
Committee recommendation................................ 326,537,000
The Research, Development and Operations account
transformational research of technologies for front line users.
COMMITTEE RECOMMENDATIONS
The Committee recommendation includes $326,537,000 for
Research, Development, and Operations, with the funds to remain
available for 2 years. The recommendation is an increase of
$3,337,000 from the fiscal year 2009 level and the same as the
level proposed in the budget request. Bill language rescinding
$8,000,000 of prior year balances is included in the general
provisions.
IMPROVING CURRENT TECHNOLOGY
The Committee is aware that improvements can be made to the
radiation detectors currently in use. Both the Government
Accountability Office and the Homeland Security Institute's
Independent Review of the Advanced Spectroscopic Portal Final
Report discuss improvements that can be made to polyvinyl
toluene [PVT] radiation monitors. Given that the PVT monitors
will be in use for a considerable time it would seem prudent to
invest in this technology. In addition, the National Academy of
Sciences' interim report on Advanced Spectroscopic Portals
discusses the need to invest in technology advancements in
handheld radiation detectors. Therefore, the Committee includes
$5,000,000, within the funds provided, to improve operations
and capabilities of the PVT monitors and handheld radiation
detectors and deploy any improvements developed to the field.
DNDO is directed to submit an expenditure plan and development
and deployment timelines by November 16, 2009.
SYSTEMS ACQUISITION
Appropriations, 2009.................................... $153,491,000
Budget estimate, 2010...................................................
Committee recommendation................................ 10,000,000
The Systems Acquisition account funds the acquisition of
radiological detection equipment for front line users across
the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommendation includes $10,000,000 for
Systems Acquisition. The recommendation is a decrease of
$143,491,000 from the fiscal year 2009 level and an increase of
$10,000,000 from the level proposed in the budget request.
SECURING THE CITIES
The Committee recommendation includes $10,000,000 to
continue the securing the cities initiative as a competitively
awarded grant program.
ADVANCED SPECTROSCOPIC PORTAL MONITORS
The Committee agrees with the Department's proposal to re-
evaluate the Advanced Spectroscopic Portal [ASP] program. As of
May 15, 2009, DNDO had $126,000,000 in available balances for
acquiring human portable radiation detection systems and
radiation portal monitors. These balances should be sufficient
to complete current deployments. Over $80,500,000 is planned
for obligation in fiscal year 2010 if the ASP is certified for
use in either secondary or primary inspection.
As the Secretary is reviewing the ASP program, the
Committee encourages the Department to review the placement of
the acquisition dollars for radiation portal monitors within
what is a primarily research and development component and not
an operational component. As the deployment of the domestic
nuclear detection architecture has matured it may be more
appropriate for future acquisition dollars to be placed in the
operational components that perform these activities: Coast
Guard; CBP; and TSA. Further, the Committee encourages the
Department to evaluate the transfer of remaining balances
within this account to the appropriate operational component.
ASP MONITORS CERTIFICATION
Bill language is included prohibiting the Department from
full-scale procurement of ASP monitors until the Secretary
submits a report to the Committees on Appropriations certifying
that a significant increase in operational effectiveness will
be achieved. In addition, separate and distinct certifications
shall be submitted by the Secretary prior to the procurement of
ASPs for primary and secondary deployment that addresses the
requirements for operational effectiveness of each type of
deployment. The Secretary is directed to continue consulting
with the National Academy of Sciences. Finally, DNDO is
prohibited from engaging in high-risk concurrent development
and production of mutually dependent software and hardware
components of detection systems.
The National Academy of Science's interim report on the ASP
program made three recommendations related to development and
certification. Specifically, DNDO should: incorporate computer
modeling in addition to testing so that the results of one can
be used to validate the other; use available low-rate initial
production ASPs for primary and secondary inspection at various
sites to assess capabilities in multiple environments; and
complete a more rigorous cost benefit analysis that takes a
broader approach to assessing the cost of reducing risk in one
area versus another. The Committee believes these
recommendations should be implemented prior to decisions on
certification or procurement of ASPs. If for any reason the
Department does not follow these recommendations, the
Department shall provide a briefing to the Committee as to why
these recommendations were not followed.
The Committee notes that independent reviews of the ASP
program have been of value to the Department. Therefore, the
Committee believes an independent cost-benefit analysis would
be beneficial.
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.
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 2010;
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 2010 budget; makes funds available for the WCF
available until expended; ensures departmental components are
only charged for direct usage of each WCF service; makes funds
provided to the WCF available only for purposes consistent with
the contributing component; requires the WCF to be paid in
advance or reimbursed at rates which will return the full cost
of each service; and subjects the WCF to the requirements of
section 503 of this act. The WCF table included in the
Department's congressional justification accompanying the
President's fiscal year 2010 budget shall serve as the control
level for reprogramming and transfer purposes in compliance
with section 503 of this act. The Committee notes that
consistent with the Department of Homeland Security
Appropriations Act, 2009, the President's WCF budget does not
include funds for sedan service, shuttle service, transit
subsidy, mail operations, parking, and competitive sourcing.
The WCF shall not be available for these purposes in fiscal
year 2010.
Section 505. The bill includes a provision that not to
exceed 50 percent of unobligated balances remaining at the end
of fiscal year 2010 from appropriations made for salaries and
expenses shall remain available through fiscal year 2011
subject to reprogramming.
Section 506. The bill includes a provision providing that
funds for intelligence activities are specifically authorized
during fiscal year 2010 until the enactment of an act
authorizing intelligence activities for fiscal year 2010.
Section 507. The bill includes a provision requiring
notification of the Committees on Appropriations 3 full
business days before any grant allocation, discretionary grant
award, discretionary contract award, including Federal
Acquisition Regulation-covered contracts, letter of intent,
Other Transaction Agreement, totaling in excess of $1,000,000,
or public announcement of the intention to make such an award.
Additionally, the Federal Emergency Management Agency [FEMA] is
required to brief the Committees on Appropriations 5 full
business days prior to announcing publicly the intention to
make an award of State Homeland Security grants, Urban Area
Security Initiative grants, or Regional Catastrophic
Preparedness Grants.
Section 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 reporting requirements of the privacy officer,
contracting officers' training, Federal building energy
performance, and fleet and transportation efficiency.
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 to prohibit the
obligation of funds for the deployment or implementation of the
Secure Flight program, or any other follow-on or successor
passenger screening program, that utilizes or tests algorithms
assigning risk to passengers not on Government watchlists or
for a commercial database that is obtained from or remains
under the control of a non-Federal entity, excluding Passenger
Name Record data obtained from air carriers.
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 regarding
competitive sourcing for United States Citizenship and
Immigration Services.
Section 515. The bill includes a provision that requires
TSA to work with air carriers and airports to ensure the
screening of cargo carried on passenger aircraft, as required
by the 9/11 Act (Public Law 110-53), increases incrementally
each quarter. TSA is required to report air cargo inspection
statistics detailing how incremental progress is being made to
the Committees on Appropriations within 45 days of the end of
each quarter of the fiscal year. Incremental progress shall
continue until 100 percent screening is achieved, as required
by the 9/11 Act.
Section 516. The bill includes a provision directing that
any funds appropriated or transferred to TSA ``Aviation
Security'', ``Administration'' and ``Transportation Security
Support'' for fiscal years 2004, 2005, 2006, 2007, and 2008
that are recovered or deobligated shall be available only for
procurement and installation of explosives detection systems,
for air cargo, baggage, and checkpoint screening systems,
subject to notification. Quarterly reports must be submitted
identifying any funds that are recovered or deobligated.
Section 517. The bill includes a provision requiring any
funds appropriated to the Coast Guard for 110-123 foot patrol
boat conversions that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or litigation,
shall be available until expended for the Replacement Patrol
Boat program.
Section 518. The bill includes a provision that prohibits
obligation of funds provided in this act to commence operations
of the National Applications Office or the National Immigration
Information Sharing Operation until the Secretary certifies
that these programs comply with all existing laws and that
certification is reviewed by GAO.
Section 519. The bill includes a provision requiring the
Chief Financial Officer to submit monthly budget execution and
staffing reports within 45 days after the close of each month.
These reports are to include the number of contract employees
by office.
Section 520. The bill includes a provision relating to
undercover investigative operations authority of the Secret
Service.
Section 521. 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 522. The bill includes a provision prohibiting
funds for the development, testing, deployment, or operation of
any portion of a human resources management system authorized
by 5 U.S.C. 9701(a), or by regulations prescribed pursuant to 5
U.S.C. 9701(a), for an ``employee'' as defined in 5 U.S.C.
7103(a)(2).
Section 523. The bill includes a provision regarding the
enforcement of section 4025(1) of Public Law 108-458 regarding
butane lighters.
Section 524. The bill includes a provision permitting funds
for the alteration of operations within the Civil Engineering
Program of the Coast Guard nationwide, including civil
engineering units, facilities design and construction centers,
maintenance and logistics commands, and the Coast Guard
Academy, except that no funds can be used to reduce operations
within any Civil Engineering Unit unless specifically
authorized by a statute enacted after the date of the enactment
of this act.
Section 525. The bill includes a provision prohibiting the
obligation of funds to the Office of the Secretary and
Executive Management, the Office of the Under Secretary for
Management, and the Office of the Chief Financial Officer for
grants or contracts awarded by any means other than full and
open competition. This provision does not require new
competitions of existing contracts during their current terms.
The bill also requires the Inspector General to review
Departmental contracts awarded noncompetitively and report on
the results to the Committees.
Section 526. The bill includes a provision prohibiting
funding to grant an immigration benefit to any individual
unless the results of background checks required in statute to
be completed prior to the grant of benefit have been received
by DHS.
Section 527. The bill includes a provision prohibiting use
of funds to destroy or put out to pasture any horse or other
equine belonging to the Federal Government unless adoption has
been offered first.
Section 528. The bill includes a provision that precludes
the Department from using funds in this act to carry out
section 872 of the Homeland Security Act (Public Law 107-296)
during fiscal year 2010. Section 872 provides the Secretary
with extraordinary authority to reorganize functions and
organizational units of the Department without congressional
approval. Since the creation of the Department in March 2003,
the Secretary exercised section 872 authority nine times. The
Committee believes continuous reorganizations impede the
ability of the Department to operate effectively and
contributes to low morale. 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 529. The bill includes a provision regarding the
use of Data Center One (National Center for Critical
Information Processing and Storage).
Section 530. The bill includes a provision that prohibits
funds from being used to reduce the Coast Guard's Operations
Systems Center mission or its Government-employed or contract
staff.
Section 531. 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 532. The bill includes a provision that requires
the Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 533. The bill includes a provision prohibiting the
obligation of funds for the Office of Secretary and Executive
Management for any new hires by DHS that are not verified
through the basic pilot program of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
Section 534. The bill includes a provision contained in
Public Laws 109-295, 110-161, and 110-329 related to
prescription drugs.
Section 535. The bill includes a provision prohibiting
funds from being used to implement a rule or regulation which
implements the Notice of Proposed Rulemaking related to
Petitions for Aliens to Perform Temporary Nonagricultural
Services or Labor (H-2B) set out beginning on 70 Federal
Register 3984 (January 27, 2005).
Section 536. The bill includes a provision extending the
Department's other transactional authority through fiscal year
2010.
Section 537. None of the funds made available in this act
may be used for planning, testing, piloting, or developing a
national identification card.
Section 538. The bill includes a provision requiring FEMA
to report on damage assessment information used to determine if
a disaster should be declared and requiring this report to be
placed on FEMA's website unless it compromises national
security.
Section 539. The bill includes a provision authorizing the
liquidation of Plum Island, New York, and allowing the proceeds
of the sale to be used to offset the costs of the National Bio
and Agro-defense Facility [NBAF] and certain expenses related
to the sale. Any excess funds available following the
completion of NBAF are available to offset costs for the new
Department of Homeland Security headquarters.
Section 540. 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 541. The bill includes a provision requiring the
Secretary of Homeland Security, in conjunction with the
Secretary of 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.
Section 542. The bill includes a provision directing the
Secretary to consult with the Secretaries of Defense and
Transportation on a concept of operations for unmanned aerial
systems operating in the U.S. national airspace system.
Section 543. The bill includes a provision requiring the
assistant Secretary of Homeland Security [TSA] to certify that
no security risks will result if any airport does not
participate in the Basic Pilot Program.
Section 544. The bill includes a provision that provides
the Secretary of Homeland Security, for fiscal year 2010 and
thereafter, with authority to give DHS personnel the same
allowances and benefits that other executive branch personnel
receive when assigned abroad.
Section 545. The bill includes a provision amending the
Consolidated Security, Disaster Assistance and Continuing
Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580 et
seq.), as amended by section 101 of division J of Public Law
111-8, to extend for 3 years the authorization for the Basic
Pilot Program known as E-Verify, and the EB-5 Immigrant
Investor Pilot Program.
Section 546. The bill includes a provision permitting the
Secretary to dispose of ICE-owned detention facilities and to
retain the funds for other ICE detention-related activities.
Section 547. The bill includes a provision that amends the
Department of Homeland Security Appropriations Act, 2007
(Public Law 109-295) to extend the Department's chemical
security regulatory authorities for 1 year.
Section 548. The bill includes a provision that allows the
Secretary of Homeland Security to retain conference fees and
deposit those fees back into the appropriation responsible for
the activity. The Secretary is required to report to the
Committees on Appropriations on the use of this new authority.
Section 549. The bill includes a provision regarding the
definition of the term ``rural''.
Section 550. The bill includes a provision rescinding
$5,000,000 from unobligated balances of prior year
appropriations made available for ``Analysis and Operations''.
Section 551. The bill includes a provision rescinding
$7,000,000 in unobligated prior year balances for U.S.
Immigration and Customs Enforcement, ``Construction''.
Section 552. The bill includes a provision rescinding
$8,000,000 from unobligated balances of prior year
appropriations made available for National Protection and
Programs Directorate ``Infrastructure Protection and
Information Security''.
Section 553. The bill includes a provision rescinding
$7,500,000 from unobligated balances of prior year
appropriations made available for Science and Technology
``Research, Development, Acquisition, and Operations''.
Section 554. The bill includes a provision rescinding
$8,000,000 from unobligated balances of prior year
appropriations made available for Domestic Nuclear Detection
Office ``Research, Development, and Operations''.
Section 555. The bill includes a provision requiring
certain certifications by the Commandant of the Coast Guard
prior to the termination of the loran-C signal. The bill also
provides authority for the sale of real and personal property
associated with the loran system.
PROGRAM, PROJECT, AND ACTIVITY
The following information provides the definition of the
term ``program, project, and activity'' for the components of
the Department of Homeland Security under the jurisdiction of
the Homeland Security Subcommittee of the Committee on
Appropriations. The term ``program, project, and activity''
shall include the most specific level of budget items
identified in the Department of Homeland Security
Appropriations Act, 2010, 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 2010 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 2010
budget estimates, as amended, for such components, as modified
by congressional action.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports
accompanying general appropriations bills identify each
recommended amendment which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.
The Committee is filing an original bill, which is not
covered under this rule, but reports this information in the
spirit of full disclosure.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2009:
Office of the Secretary and Executive Management;
Office of the Under Secretary for Management;
Office of the Chief Financial Officer;
Office of the Chief Information Officer;
Analysis and Operations;
Office of the Federal Coordinator for Gulf Coast
Rebuilding;
Office of Inspector General;
U.S. Customs and Border Protection: Salaries and Expenses;
Automation Modernization; Border Security Fencing,
Infrastructure, and Technology; Air and Marine Interdiction,
Operations, Maintenance, and Procurement; and Construction and
Facilities Management;
U.S. Immigration and Customs Enforcement: Salaries and
Expenses; and Automation Modernization;
Transportation Security Administration: Transportation
Threat Assessment and Credentialing; and Transportation
Security Support;
United States Coast Guard: Operating Expenses;
Environmental Compliance and Restoration; Reserve Training;
Acquisition, Construction, and Improvements; Alteration of
Bridges; Research, Development, Test, and Evaluation; and
Retired Pay;
United States Secret Service: Salaries and Expenses; and
Acquisition, Construction, Improvements, and Related Expenses;
National Protection and Programs Directorate: Management
and Administration; Infrastructure Protection and Information
Security; U.S. Visitor and Immigrant Status Indicator
Technology and Federal Protective Service;
Office of Health Affairs;
Federal Emergency Management Agency: Management and
Administration; State and Local Programs; Disaster Relief;
Flood Map Modernization Fund; Emergency Food and Shelter;
Assistance to Firefighter Grants; National Predisaster
Mitigation Fund; and National Flood Insurance Fund;
United States Citizenship and Immigration Services;
Federal Law Enforcement Training Center: Salaries and
Expenses; and Acquisition, Construction, Improvements, and
Related Expenses;
Science and Technology: Management and Administration; and
Research, Development, Acquisition, and Operations.
Domestic Nuclear Detection Office: Management and
Administration; Research, Development, and Operations; and
Systems Acquisition.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on June 18, 2009,
the Committee ordered reported en bloc an original bill (S.
1298) making appropriations for the Department of Homeland
Security for the fiscal year ending September 30, 2009, and an
original bill (S. 1294) making appropriations for the
Legislative Branch for the fiscal year ending September 30,
2009, with each subject to amendment and subject to the budget
allocations, and authorized the chairman of the committee or
the chairman of the subcommittee to offer the text of the
Senate-reported bill as a committee amendment in the nature of
a substitute to the House companion measure, by a recorded vote
of 30-0, a quorum being present. The vote was as follows:
Yeas Nays
Chairman Inouye
Mr. Byrd
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Pryor
Mr. Tester
Mr. Specter
Mr. Cochran
Mr. Bond
Mr. McConnell
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mrs. Hutchison
Mr. Brownback
Mr. Alexander
Ms. Collins
Mr. Voinovich
Ms. Murkowski
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, the following changes in
existing law proposed to be made by the bill are shown as
follows: existing law to be omitted is enclosed in black
brackets; new matter is printed in italics; and existing law in
which no change is proposed is shown in roman.
SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND RESPONSE
TO TERRORIST ATTACKS ON THE UNITED STATES, 2002, PUBLIC LAW 107-206
TITLE I--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 12
INDEPENDENT AGENCIES
GENERAL PROVISIONS--THIS CHAPTER
* * * * * * *
Sec. 1202. (a) The Federal Law Enforcement Training Center
may, for a period ending not later than [December 31, 2011]
December 31, 2012, appoint and maintain a cadre of up to 250
Federal annuitants: (1) without regard to any provision of
title 5, United States Code, which might otherwise require the
application of competitive hiring procedures; and (2) who shall
not be subject to any reduction in pay (for annuity allocable
to the period of actual employment) under the provisions of
section 8344 or 8468 of such title 5 or similar provision of
any other retirement system for employees. A reemployed Federal
annuitant as to whom a waiver of reduction under paragraph (2)
applies shall not, for any period during which such waiver is
in effect, be considered an employee for purposes of subchapter
III of chapter 83 or chapter 84 of title 5, United States Code,
or such other retirement system (referred to in paragraph (2))
as may apply.
------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007, PUBLIC LAW
109-295
TITLE V
GENERAL PROVISIONS
Sec. 501. * * *
* * * * * * *
Sec. 532. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal year
[2009] 2010, 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 [three years after the date of
enactment of this Act] October 4, 2010.
------
OMNIBUS APPROPRIATIONS ACT, 2009, PUBLIC LAW 111-8
DIVISION J--FURTHER PROVISIONS RELATING TO THE DEPARTMENT OF HOMELAND
SECURITY AND OTHER MATTERS
DEPARTMENT OF HOMELAND SECURITY
GENERAL PROVISIONS--THIS DIVISION
Sec. 101. Sections 143, 144, and 145 of division A of the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3580 et
seq.) are each amended by striking ``the date specified in
section 106(3) of this joint resolution'' and inserting
[``September 30, 2009''] September 30, 2012.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount of Committee Amount of
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees in the Budget Resolution for 2010:
Subcommittee on Homeland Security:
Mandatory............................................... 1,265 1,265 1,262 \1\1,262
Discretionary........................................... 42,685 42,927 46,509 \1\46,613
Projection of outlays associated with the recommendation:
2010.................................................... ........... ........... ........... \2\26,687
2011.................................................... ........... ........... ........... 8,416
2012.................................................... ........... ........... ........... 5,133
2013.................................................... ........... ........... ........... 1,871
2014 and future years................................... ........... ........... ........... 1,204
Financial assistance to State and local governments for NA 4,779 NA 461
2010.......................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
NOTE.--Consistent with the funding recommended in the bill for ``overseas deployments and other activities'' and
in accordance with section 401(c)(4) of Senate Concurrent Resolution 13 (111th Congress), 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 $242,000,000 in budget authority plus associated outlays.
DISCLOSURE OF CONGRESSIONALLY DIRECTED SPENDING ITEMS
The Constitution vests in the Congress the power of the
purse. The Committee believes strongly that Congress should
make the decisions on how to allocate the people's money.
As defined in Rule XLIV of the Standing Rules of the
Senate, the term ``congressionally directed spending item''
means a provision or report language included primarily at the
request of a Senator, providing, authorizing, or recommending a
specific amount of discretionary budget authority, credit
authority, or other spending authority for a contract, loan,
loan guarantee, grant, loan authority, or other expenditure
with or to an entity, or targeted to a specific State, locality
or Congressional district, other than through a statutory or
administrative, formula-driven, or competitive award process.
For each item, a Member is required to provide a
certification that neither the Member nor the Senator's
immediate family has a pecuniary interest in such
congressionally directed spending item. Such certifications are
available to the public on the website of the Senate Committee
on Appropriations (www.appropriations.senate.gov/senators.cfm).
Following is a list of congressionally directed spending
items included in the Senate recommendation discussed in this
report, along with the name of each Senator who submitted a
request to the Committee of jurisdiction for each item so
identified. Neither the Committee recommendation nor this
report contains any limited tax benefits or limited tariff
benefits as defined in rule XLIV.
DEPARTMENT OF HOMELAND SECURITY
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Agency Account Project Amount Requester(s)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CONGRESSIONALLY DIRECTED SPENDING ITEMS
CBP............................ Construction and Facilities Management............... Advanced Training Center, WV........................ $39,700,000 Senator Robert Byrd
CG............................. Acquisition, Construction, and Improvements.......... Coast Guard Station Cleveland Harbor, OH............ $16,800,000 Senator George Voinovich
CG............................. Acquisition, Construction, and Improvements.......... Coast Guard Academy Pier, CT........................ $300,000 Senator Christopher Dodd
CG............................. Operating Expenses................................... Operations Systems Center, WV....................... $3,600,000 Senator Robert Byrd
CG............................. Alteration of Bridges................................ Fort Madison, IA.................................... $4,000,000 Senator Tom Harkin
NPPD........................... Infrastructure Protection and Information Security... National Infrastructure Simulation and Analysis $4,000,000 Senators Jeff Bingaman, Tom
Center, NM. Udall
FEMA........................... State and Local Programs............................. Ohio Emergency Management Agency Emergency $1,500,000 Senator George Voinovich
Operations Center, Columbus, OH.
FEMA........................... State and Local Programs............................. City of Ames Emergency Operations Center, Ames, IA.. $600,000 Senator Tom Harkin
FEMA........................... State and Local Programs............................. City of Mount Vernon Emergency Operations Center, $1,000,000 Senators Charles Schumer,
Mount Vernon, NY. Kristen Gillibrand
FEMA........................... State and Local Programs............................. City of Whitefish Emergency Operations Center, $900,000 Senator Jon Tester
Whitefish, MT.
FEMA........................... State and Local Programs............................. City of Chicago Emergency Operations Center, $1,000,000 Senator Richard Durbin
Chicago, IL.
FEMA........................... State and Local Programs............................. City of Hackensack Emergency Operations Center, $300,000 Senators Frank Lautenberg,
Hackensack, NJ. Robert Menendez
FEMA........................... State and Local Programs............................. County of Union Emergency Operations Center, Union $353,000 Senators Frank Lautenberg,
County, NJ. Robert Menendez
FEMA........................... State and Local Programs............................. Township of South Orange Village Emergency $247,000 Senators Frank Lautenberg,
Operations Center, South Orange, NJ. Robert Menendez
FEMA........................... State and Local Programs............................. Lincoln County Emergency Operations Center, Lincoln $1,000,000 Senator Patty Murray
County, WA.
FEMA........................... State and Local Programs............................. City of Providence Emergency Operations Center, $980,000 Senator Jack Reed
Providence, RI.
FEMA........................... State and Local Programs............................. North Louisiana Regional Emergency Operations $980,000 Senator Mary Landrieu
Center, Lincoln Parish, LA.
FEMA........................... State and Local Programs............................. City of North Little Rock Emergency Operations $900,000 Senators Mark Pryor, Blanche
Center, North Little Rock, AR. Lincoln
FEMA........................... State and Local Programs............................. National Domestic Preparedness Consortium, CO, HI, $50,500,000 Senators Daniel Inouye, Harry
NV, TX, NM, LA. Reid, Mary Landrieu, Jeff
Bingaman, Tom Udall, Michael
Bennet, John Cornyn, Kay Bailey
Hutchison
FEMA........................... State and Local Programs............................. Counterterrorism and Cybercrime Center, Norwich, VT. $1,700,000 Senator Patrick Leahy
S&T............................ Research, Development, Acquisition, and Operations... Distributed Environment for Critical Infrastructure $3,000,000 Senators Patrick Leahy, Robert
Decisionmaking Exercises, Multiple Locations. Bennett
S&T............................ Research, Development, Acquisition, and Operations... Cincinnati Urban Area partnership, OH............... $2,000,000 Senator George Voinovich
S&T............................ Research, Development, Acquisition, and Operations... Southeast Region Research Initiative, TN............ $20,865,000 Senators Thad Cochran, Roger
Wicker
PRESIDENTIALLY REQUESTED SPENDING ITEMS
CG............................. Operating Expenses................................... Project Seahawk, SC................................. $1,088,000 The President
CG............................. Acquisition, Construction, and Improvements.......... Shore and Operational Support projects, various loca- $10,000,000 The President
tions.
FEMA........................... State and Local Programs............................. National Domestic Preparedness Consortium, CO, HI, $51,500,000 The President
NV, TX, NM, LA.
FEMA........................... State and Local Programs............................. Center for Domestic Preparedness, AL................ $62,500,000 The President, Senator Richard
Shelby
S&T............................ Research, Development, Acquisition, and Operations... Naval Postgraduate School, CA....................... $2,000,000 The President
S&T............................ Research, Development, Acquisition, and Operations... Physical Science Facility, Pacific Northwest $12,000,000 The President, Senator Patty
National Laboratory, WA. Murray
S&T............................ Research, Development, Acquisition, and Operations... Transportation Security Laboratory, NJ.............. $5,000,000 The President
NPPD........................... Infrastructure Protection and Information Security... National Infrastructure Simulation and Analysis $16,000,000 The President
Center, NM.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2009 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2010
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2009 Budget estimate Committee -----------------------------------
appropriation recommendation 2009
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management:
Immediate Office of the Secretary......................... 3,140 5,061 5,061 +1,921 ................
Immediate Office of the Deputy Secretary.................. 1,400 1,810 1,810 +410 ................
Chief of Staff............................................ 2,693 2,595 2,595 -98 ................
Office of Counternarcotics Enforcement.................... 3,718 3,912 3,718 ................ -194
Executive Secretary....................................... 7,448 8,344 8,344 +896 ................
Office of Policy.......................................... 43,263 61,564 51,564 +8,301 -10,000
Office of Public Affairs.................................. 5,991 6,539 5,991 ................ -548
Office of Legislative Affairs............................. 4,997 7,097 6,797 +1,800 -300
Office of Intergovernmental Affairs....................... ................ 2,800 2,600 +2,600 -200
Office of General Counsel................................. 20,114 24,028 24,028 +3,914 ................
Office of Civil Rights and Civil Liberties................ 17,417 22,104 22,104 +4,687 ................
Citizenship and Immigration Services Ombudsman............ 6,471 6,935 6,685 +214 -250
Privacy Officer........................................... 6,804 7,971 7,971 +1,167 ................
-----------------------------------------------------------------------------------------
Total, Office of the Secretary and Executive Management. 123,456 160,760 149,268 +25,812 -11,492
Office of the Under Secretary for Management:
Under Secretary for Management............................ 2,654 2,864 2,864 +210 ................
Emergency appropriations (Public Law 111-5)........... 200,000 ................ ................ -200,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Under Secretary for Management............ 202,654 2,864 2,864 -199,790 ................
Office of Security........................................ 60,882 95,193 92,693 +31,811 -2,500
Office of the Chief Procurement Officer................... 39,003 71,038 70,038 +31,035 -1,000
Office of the Chief Human Capital Officer:
Salaries and expenses................................. 28,827 34,404 33,604 +4,777 -800
Human resources....................................... 10,000 10,000 10,000 ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Office of the Chief Human Capital Officer. 38,827 44,404 43,604 +4,777 -800
Office of the Chief Administrative Officer:
Salaries and expenses................................. 44,427 43,491 43,491 -936 ................
Nebraska Avenue Complex (NAC)......................... 6,000 6,000 5,000 -1,000 -1,000
DHS headquarters consolidation........................ ................ 75,000 50,000 +50,000 -25,000
-----------------------------------------------------------------------------------------
Subtotal, Office of the Chief Administrative Officer 50,427 124,491 98,491 +48,064 -26,000
-----------------------------------------------------------------------------------------
Total, Office of the Under Secretary for Management. 391,793 337,990 307,690 -84,103 -30,300
=========================================================================================
Office of the Chief Financial Officer......................... 55,235 65,530 63,530 +8,295 -2,000
Office of the Chief Information Officer:
Salaries and expenses..................................... 86,928 86,912 86,912 -16 ................
Information technology services........................... 44,945 51,417 51,417 +6,472 ................
Security activities....................................... 92,623 152,403 152,403 +59,780 ................
Homeland Secure Data Network (HSDN)....................... 47,673 47,661 47,661 -12 ................
-----------------------------------------------------------------------------------------
Subtotal, Office of the Chief Information Officer....... 272,169 338,393 338,393 +66,224 ................
Analysis and Operations....................................... 327,373 357,345 347,845 +20,472 -9,500
=========================================================================================
Total, Departmental Operations.......................... 1,170,026 1,260,018 1,206,726 +36,700 -53,292
Office of the Federal Coordinator for Gulf Coast Rebuilding... 1,900 2,000 2,000 +100 ................
Office of Inspector General
Office of Inspector General................................... 98,513 127,874 115,874 +17,361 -12,000
Emergency appropriations (Public Law 111-5)............... 5,000 ................ ................ -5,000 ................
Transfer from Disaster Relief............................. (16,000) ................ (16,000) ................ (+16,000)
-----------------------------------------------------------------------------------------
Subtotal, Office of Inspector General (including 119,513 127,874 131,874 +12,361 +4,000
transfers).............................................
Appropriations...................................... (98,513) (127,874) (115,874) (+17,361) (-12,000)
Emergency appropriations............................ (5,000) ................ ................ (-5,000) ................
by transfer......................................... (16,000) ................ (16,000) ................ (+16,000)
=========================================================================================
Total, title I, Departmental Management and Operations 1,291,439 1,389,892 1,340,600 +49,161 -49,292
(including transfers)..................................
Appropriations...................................... (1,070,439) (1,389,892) (1,324,600) (+254,161) (-65,292)
Emergency appropriations............................ (205,000) ................ ................ (-205,000) ................
by transfer......................................... (16,000) ................ (16,000) ................ (+16,000)
=========================================================================================
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and expenses:
Headquarters, Management, and Administration:
Management and administration, border security 646,608 522,825 695,294 +48,686 +172,469
inspections and trade facilitation...................
Management and administration, border security, and 622,550 497,675 723,919 +101,369 +226,244
control between ports of entry.......................
-----------------------------------------------------------------------------------------
Subtotal, Headquarters, Mgt & Admin................. 1,269,158 1,020,500 1,419,213 +150,055 +398,713
Border security inspections and tradefacilitation:
Inspections, trade, and travel facilitation at ports 2,093,988 2,255,210 2,269,078 +175,090 +13,868
of entry.............................................
Harbor maintenance fee collection (trust fund)........ 3,154 3,226 3,226 +72 ................
International cargo screening......................... 149,450 165,421 165,421 +15,971 ................
Other international programs.......................... 10,984 11,181 11,181 +197 ................
Customs-Trade Partnership Against Terrorism (C-TPAT).. 64,496 62,612 62,612 -1,884 ................
Trusted Traveler programs............................. 11,274 11,274 11,274 ................ ................
Inspection and detection technology investments....... 145,944 143,563 163,563 +17,619 +20,000
Emergency appropriations (Public Law 111-5)....... 160,000 ................ ................ -160,000 ................
-----------------------------------------------------------------------------------------
Subtotal........................................ 305,944 143,563 163,563 -142,381 +20,000
Automated targeting systems........................... 32,550 32,560 32,560 +10 ................
National Targeting Center............................. 24,481 26,355 26,355 +1,874 ................
Training.............................................. 24,778 24,778 24,778 ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Border security inspections and trade 2,721,099 2,736,180 2,770,048 +48,949 +33,868
facilitation.......................................
Border security and control between ports of entry:
Border security and control........................... 3,426,455 3,505,008 3,525,008 +98,553 +20,000
Training.............................................. 74,815 51,751 51,751 -23,064 ................
-----------------------------------------------------------------------------------------
Subtotal, Border security and control between ports 3,501,270 3,556,759 3,576,759 +75,489 +20,000
of entry...........................................
Air and Marine Operations................................. 271,679 309,629 309,629 +37,950 ................
=========================================================================================
Subtotal, Salaries and expenses......................... 7,763,206 7,623,068 8,075,649 +312,443 +452,581
Appropriations...................................... (7,600,052) (7,619,842) (8,072,423) (+472,371) (+452,581)
Emergency appropriations............................ (160,000) ................ ................ (-160,000) ................
Harbor maintenance trust fund....................... (3,154) (3,226) (3,226) (+72) ................
Automation modernization:
Automated commercial environment/International Trade Data 316,851 267,960 267,960 -48,891 ................
System (ITDS)............................................
Critical operations protection and processing support 194,483 194,485 194,485 +2 ................
(COPPS)..................................................
-----------------------------------------------------------------------------------------
Subtotal, Automation modernization...................... 511,334 462,445 462,445 -48,889 ................
Border security fencing, infrastructure, and technology
(BSFIT):
Development and deployment................................ 505,000 494,000 514,548 +9,548 +20,548
Operation and maintenance................................. 150,000 200,000 200,000 +50,000 ................
Program management........................................ 120,000 85,452 85,452 -34,548 ................
Emergency appropriations.................................. 100,000 ................ ................ -100,000 ................
-----------------------------------------------------------------------------------------
Subtotal, BSFIT......................................... 875,000 779,452 800,000 -75,000 +20,548
Appropriations...................................... (775,000) (779,452) (800,000) (+25,000) (+20,548)
Emergency appropriations............................ (100,000) ................ ................ (-100,000) ................
Air and Marine Interdiction, Operations, Maintenance, and
Procurement:
Operations and maintenance................................ 380,022 374,217 374,217 -5,805 ................
Procurement............................................... 147,978 131,609 141,609 -6,369 +10,000
=========================================================================================
Subtotal, Air and marine interdiction, operations, 528,000 505,826 515,826 -12,174 +10,000
maintenance, and procurement...........................
Construction and Facilities management:
Facility construction and sustainment..................... 403,201 239,357 279,057 -124,144 +39,700
Rent...................................................... ................ 402,263 ................ ................ -402,263
Program oversight and management.......................... ................ 37,013 37,013 +37,013 ................
Emergency appropriations.................................. 420,000 ................ ................ -420,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Construction and Facilities management........ 823,201 678,633 316,070 -507,131 -362,563
=========================================================================================
Total, Direct appropriations for U.S. Customs and Border 10,500,741 10,049,424 10,169,990 -330,751 +120,566
Protection.............................................
Fee accounts:
Immigration inspection user fee........................... (570,059) (584,000) (584,000) (+13,941) ................
Immigration enforcement fines............................. (3,331) (5,000) (5,000) (+1,669) ................
Land border inspection fee................................ (26,880) (30,000) (30,000) (+3,120) ................
COBRA passenger inspection fee............................ (410,666) (393,000) (393,000) (-17,666) ................
APHIS inspection fee...................................... (333,433) (320,000) (320,000) (-13,433) ................
Puerto Rico collections................................... (96,719) (92,000) (92,000) (-4,719) ................
Small airport user fees................................... (7,057) (8,000) (8,000) (+943) ................
-----------------------------------------------------------------------------------------
Subtotal, fee accounts.................................. (1,448,145) (1,432,000) (1,432,000) (-16,145) ................
=========================================================================================
Total, U.S. Customs and Border Protection............... (11,948,886) (11,481,424) (11,601,990) (-346,896) (+120,566)
Appropriations...................................... (9,820,741) (10,049,424) (10,169,990) (+349,249) (+120,566)
Emergency appropriations............................ (680,000) ................ ................ (-680,000) ................
(Fee accounts)...................................... (1,448,145) (1,432,000) (1,432,000) (-16,145) ................
=========================================================================================
U.S. Immigration and Customs Enforcement
Salaries and expenses:
Headquarters Management and Administration (non-detention
and removal operations):
Personnel compensation and benefits, service, and 203,076 321,850 288,950 +85,874 -32,900
other costs..........................................
Headquarters managed IT investment.................... 169,348 243,264 233,264 +63,916 -10,000
-----------------------------------------------------------------------------------------
Subtotal, Headquarters management and administration 372,424 565,114 522,214 +149,790 -42,900
Legal proceedings......................................... 215,035 221,666 221,666 +6,631 ................
Investigations:
Domestic.............................................. 1,519,208 1,615,551 1,666,551 +147,343 +51,000
International investigations:
International operations.......................... 106,741 112,872 112,872 +6,131 ................
Visa security program............................. 26,800 30,186 30,186 +3,386 ................
-----------------------------------------------------------------------------------------
Subtotal, International investigations.......... 133,541 143,058 143,058 +9,517 ................
-----------------------------------------------------------------------------------------
Subtotal, Investigations........................ 1,652,749 1,758,609 1,809,609 +156,860 +51,000
Intelligence.............................................. 55,789 67,842 71,842 +16,053 +4,000
Detention and removal operations:
Custody Operations.................................... 1,721,268 1,771,168 1,771,168 +49,900 ................
Fugitive operations................................... 226,477 229,682 229,682 +3,205 ................
Criminal Alien program................................ 189,069 192,539 192,539 +3,470 ................
Alternatives to detention............................. 63,000 63,913 63,913 +913 ................
Transportation and removal program.................... 281,399 281,878 281,878 +479 ................
-----------------------------------------------------------------------------------------
Subtotal, Detention and removal operations.......... 2,481,213 2,539,180 2,539,180 +57,967 ................
Comprehensive identification and removal of criminal
aliens:
Criminal aliens....................................... 150,000 195,589 195,589 +45,589 ................
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses..................... 4,927,210 5,348,000 5,360,100 +432,890 +12,100
Federal Protective Service:
Basic security............................................ 213,673 ................ ................ -213,673 ................
Building specific security (including capital equipment 426,327 ................ ................ -426,327 ................
replacement/acquisition).................................
-----------------------------------------------------------------------------------------
Subtotal, Federal Protective Service.................... 640,000 ................ ................ -640,000 ................
Offsetting fee collections................................ -640,000 ................ ................ +640,000 ................
Automation modernization...................................... 57,000 110,000 85,000 +28,000 -25,000
Emergency appropriations (Public Law 111-5)............... 20,000 ................ ................ -20,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Automation modernization...................... 77,000 110,000 85,000 +8,000 -25,000
Construction.................................................. 5,000 ................ ................ -5,000 ................
=========================================================================================
Total, Direct appropriations for U.S. Immigration 5,009,210 5,458,000 5,445,100 +435,890 -12,900
Customs Enforcement....................................
Fee accounts:
Immigration inspection user fee........................... (119,000) (109,800) (109,800) (-9,200) ................
Breached bond/detention fund.............................. (60,000) (75,000) (75,000) (+15,000) ................
Student exchange and visitor fee.......................... (120,000) (120,000) (120,000) ................ ................
-----------------------------------------------------------------------------------------
Subtotal, fee accounts.................................. (299,000) (304,800) (304,800) (+5,800) ................
-----------------------------------------------------------------------------------------
Subtotal, U.S. Immigration and Customs Enforcement (5,948,210) (5,762,800) (5,749,900) (-198,310) (-12,900)
(gross)................................................
Offsetting fee collections.......................... (-640,000) ................ ................ (+640,000) ................
=========================================================================================
Total, U.S. Immigration and Customs Enforcement......... (5,308,210) (5,762,800) (5,749,900) (+441,690) (-12,900)
Appropriations...................................... (4,989,210) (5,458,000) (5,445,100) (+455,890) (-12,900)
Emergency appropriations............................ (20,000) ................ ................ (-20,000) ................
Fee accounts........................................ (299,000) (304,800) (304,800) (+5,800) ................
=========================================================================================
Transportation Security Administration
Aviation security:
Screening operations:
Screener workforce:
Privatized screening.............................. 151,272 149,643 149,643 -1,629 ................
Screener personnel, compensation, and benefits.... 2,716,014 2,788,575 2,758,575 +42,561 -30,000
-----------------------------------------------------------------------------------------
Subtotal, Screener workforce.................... 2,867,286 2,938,218 2,908,218 +40,932 -30,000
Screener training and other........................... 197,318 203,463 203,463 +6,145 ................
Checkpoint support.................................... 250,000 128,739 128,739 -121,261 ................
Emergency appropriations (Public Law 111-5)........... 1,000,000 ................ ................ -1,000,000 ................
Explosives Detection Systems [EDS]/Explosive Trace
Detection [ETD]:
EDS procurement and installation.................. 294,000 856,591 806,669 +512,669 -49,922
Screening technology maintenance and utilities.... 305,625 326,625 326,625 +21,000 ................
Operation integration............................. 21,481 21,481 21,481 ................ ................
-----------------------------------------------------------------------------------------
Subtotal, EDS/ETD Systems....................... 621,106 1,204,697 1,154,775 +533,669 -49,922
-----------------------------------------------------------------------------------------
Subtotal, Screening operations.................. 4,935,710 4,475,117 4,395,195 -540,515 -79,922
Aviation security direction and enforcement:
Aviation regulation and other enforcement............. 245,268 254,064 254,064 +8,796 ................
Airport management and support........................ 401,666 448,424 448,424 +46,758 ................
FFDO and flight crew training......................... 25,025 25,127 25,127 +102 ................
Air cargo............................................. 122,849 108,118 115,018 -7,831 +6,900
Airport perimeter security............................ 4,000 ................ ................ -4,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Aviation security direction and 798,808 835,733 842,633 +43,825 +6,900
enforcement........................................
Implementing requirements of Public Law 110-53............ 20,000 ................ ................ -20,000 ................
Discretionary fee proposal:
General aviation at DCA............................... (75) (100) (100) (+25) ................
Indirect air cargo.................................... (200) (2,600) (2,600) (+2,400) ................
Certified cargo screening program..................... ................ (5,200) (5,200) (+5,200) ................
Large aircraft security program....................... ................ (1,600) (1,600) (+1,600) ................
Secure identification display area checks............. ................ (10,000) (10,000) (+10,000) ................
Other security threat assessments..................... ................ (100) (100) (+100) ................
-----------------------------------------------------------------------------------------
Total, Discretionary fee proposal................... (275) (19,600) (19,600) (+19,325) ................
Aviation security capital fund (mandatory)................ (250,000) (250,000) (250,000) ................ ................
-----------------------------------------------------------------------------------------
Total, Aviation security (gross) (including transfers) 5,754,518 5,310,850 5,237,828 -516,690 -73,022
Offsetting fee collections (non-mandatory)............ -2,320,000 -2,100,000 -2,100,000 +220,000 ................
Fee-funded programs (nonadd).......................... (-275) (-19,600) (-19,600) (-19,325) ................
-----------------------------------------------------------------------------------------
Total, Aviation security (net)........................ 3,434,518 3,210,850 3,137,828 -296,690 -73,022
Appropriations.................................... (2,434,518) (3,210,850) (3,137,828) (+703,310) (-73,022)
Emergency appropriations.......................... (1,000,000) ................ ................ (-1,000,000) ................
Aviation security capital fund.................... (250,000) (250,000) (250,000) ................ ................
Surface transportation security:
Staffing and operations................................... 24,885 42,293 42,293 +17,408 ................
Surface transportation security inspectors and canines.... 24,721 86,123 100,323 +75,602 +14,200
-----------------------------------------------------------------------------------------
Subtotal, Surface transportation security............. 49,606 128,416 142,616 +93,010 +14,200
Transportation Threat Assessment and Credentialing:
Secure Flight............................................. 82,211 84,363 84,363 +2,152 ................
Crew and other vetting programs........................... 33,807 107,636 87,636 +53,829 -20,000
Registered Traveler Program fees.......................... (10,000) ................ ................ (-10,000) ................
Transportation Worker Identification Credential fee....... (9,000) (9,000) (9,000) ................ ................
Hazardous materials fees.................................. (18,000) (15,000) (15,000) (-3,000) ................
Alien Flight School fees (by transfer from DOJ)........... (3,000) (4,000) (4,000) (+1,000) ................
Certified cargo screening program......................... ................ ................ ................ ................ ................
Large aircraft security program........................... ................ ................ ................ ................ ................
Secure identification display area checks................. ................ ................ ................ ................ ................
Other security threat assessments......................... ................ ................ ................ ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Transportation Threat Assessment and (156,018) (219,999) (199,999) (+43,981) (-20,000)
Credentialing (Gross)..................................
Fee funded programs................................... (40,000) (28,000) (28,000) (-12,000) ................
-----------------------------------------------------------------------------------------
Subtotal, Transportation Threat Assessment and 116,018 191,999 171,999 +55,981 -20,000
Credentialing (net)....................................
Transportation security support:
Headquarters administration............................... 234,870 248,929 248,929 +14,059 ................
Information technology.................................... 472,799 501,110 496,110 +23,311 -5,000
Human capital services.................................... 218,105 226,338 226,338 +8,233 ................
Intelligence.............................................. 21,961 28,203 28,203 +6,242 ................
Sensitive security information fees....................... ................ (20) (20) (+20) ................
-----------------------------------------------------------------------------------------
Subtotal, Transportation security support............... 947,735 1,004,580 999,580 +51,845 -5,000
Federal Air Marshals:
Management and administration............................. 725,081 762,569 762,569 +37,488 ................
Travel and training....................................... 94,400 97,542 97,542 +3,142 ................
-----------------------------------------------------------------------------------------
Subtotal, Federal Air Marshals.......................... 819,481 860,111 860,111 +40,630 ................
=========================================================================================
Total, Transportation Security Administration (gross) 7,977,358 7,773,956 7,690,134 -287,224 -83,822
(including transfers)..................................
Offsetting fee collections.......................... (-2,320,000) (-2,100,000) (-2,100,000) (+220,000) ................
Aviation security capital fund...................... (250,000) (250,000) (250,000) ................ ................
Fee accounts........................................ (40,000) (28,000) (28,000) (-12,000) ................
-----------------------------------------------------------------------------------------
Total, Transportation Security Administration (net)..... 5,367,358 5,395,956 5,312,134 -55,224 -83,822
Appropriations...................................... (4,367,358) (5,395,956) (5,312,134) (+944,776) (-83,822)
Emergency appropriations............................ (1,000,000) ................ ................ (-1,000,000) ................
=========================================================================================
Coast Guard
Operating expenses:
Military pay and allowances............................... 3,061,663 3,244,861 3,255,955 +194,292 +11,094
Civilian pay and benefits................................. 645,350 699,594 700,042 +54,692 +448
Training and recruiting................................... 195,919 205,970 206,429 +10,510 +459
Operating funds and unit level maintenance................ 1,177,406 1,149,513 1,154,569 -22,837 +5,056
Centrally managed accounts................................ 262,294 353,071 354,874 +92,580 +1,803
Intermediate and depot level maintenance.................. 823,793 903,179 924,919 +101,126 +21,740
Port and vessel security.................................. 23,500 ................ ................ -23,500 ................
Aviation mission hour gap................................. 5,000 ................ ................ -5,000 ................
Defense function.......................................... (340,000) (340,000) (340,000) ................ ................
Overseas contingency operations........................... ................ ................ 241,503 +241,503 +241,503
-----------------------------------------------------------------------------------------
Subtotal, Operating expenses............................ 6,194,925 6,556,188 6,838,291 +643,366 +282,103
Appropriations...................................... (5,854,925) (6,216,188) (6,256,788) (+401,863) (+40,600)
Overseas contingency operations..................... ................ ................ (241,503) (+241,503) (+241,503)
Defense function.................................... (340,000) (340,000) (340,000) ................ ................
Environmental compliance and restoration...................... 13,000 13,198 13,198 +198 ................
Reserve training.............................................. 130,501 133,632 133,632 +3,131 ................
Acquisition, construction, and improvements:
Vessels:
Response boat medium.................................. 108,000 103,000 123,000 +15,000 +20,000
Inland river tender recapitalization.................. 5,000 ................ ................ -5,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Vessels................................... 113,000 103,000 123,000 +10,000 +20,000
Other equipment:
Automatic identification system....................... 8,600 ................ ................ -8,600 ................
Defense messaging system.............................. 4,074 ................ ................ -4,074 ................
National distress and response system modernization 73,000 117,000 117,000 +44,000 ................
(Rescue 21)..........................................
HF Recapitalization................................... 2,500 2,500 2,500 ................ ................
Interagency Operation Centers (Command 21)............ 1,000 ................ 28,000 +27,000 +28,000
-----------------------------------------------------------------------------------------
Subtotal, Other equipment........................... 89,174 119,500 147,500 +58,326 +28,000
Personnel compensation and benefits:
Core acquisition costs................................ 500 500 500 ................ ................
Direct personnel cost................................. 92,330 99,500 104,700 +12,370 +5,200
-----------------------------------------------------------------------------------------
Subtotal, Personnel compensation & benefits......... 92,830 100,000 105,200 +12,370 +5,200
Integrated deepwater systems:
Aircraft:
Unmanned aerial systems........................... 3,000 ................ ................ -3,000 ................
Maritime Patrol Aircraft.......................... 86,600 175,000 175,000 +88,400 ................
HH-60 conversions/sustainmant..................... 52,700 45,900 45,900 -6,800 ................
HC-130H conversions............................... 24,500 45,300 45,300 +20,800 ................
HH-65 conversion/sustainment...................... 64,500 38,000 38,000 -26,500 ................
C-130J fleet introduction......................... 13,250 1,300 1,300 -11,950 ................
-----------------------------------------------------------------------------------------
Subtotal, Aircraft.............................. 244,550 305,500 305,500 +60,950 ................
Surface ships:
National Security Cutter.......................... 353,700 281,480 389,480 +35,780 +108,000
Offshore Patrol Cutter............................ 3,003 9,800 9,800 +6,797 ................
Fast Response Cutter.............................. 115,300 243,000 243,000 +127,700 ................
IDS small boats................................... 2,400 3,000 3,000 +600 ................
Patrol Boat sustainment........................... 30,800 23,000 23,000 -7,800 ................
Medium endurance cutter sustainment............... 35,500 31,100 31,100 -4,400 ................
Polar Icebreaker sustainment...................... 30,300 ................ 27,300 -3,000 +27,300
High endurance cutter sustainment................. ................ ................ 8,000 +8,000 +8,000
-----------------------------------------------------------------------------------------
Subtotal, Surface ships......................... 571,003 591,380 734,680 +163,677 +143,300
Technology obsolescence prevention.................... 1,500 1,900 1,900 +400 ................
C4ISR................................................. 88,100 35,000 35,000 -53,100 ................
Logistics............................................. 37,700 37,700 37,700 ................ ................
Systems engineering and management.................... 33,141 35,000 35,000 +1,859 ................
Government program management......................... 58,000 45,000 45,000 -13,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Integrated deepwater systems.............. 1,033,994 1,051,480 1,194,780 +160,786 +143,300
Shore facilities and aids to navigation................... 68,000 10,000 27,100 -40,900 +17,100
Emergency appropriations (Public Law 111-5)............... 98,000 ................ ................ -98,000 ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 166,000 10,000 27,100 -138,900 +17,100
Coast Guard/DHS headquarters.............................. 97,578 ................ ................ -97,578 ................
-----------------------------------------------------------------------------------------
Subtotal, Acquisition, construction, and improvements... 1,592,576 1,383,980 1,597,580 +5,004 +213,600
Appropriations...................................... (1,494,576) (1,383,980) (1,597,580) (+103,004) (+213,600)
Emergency appropriations............................ (98,000) ................ ................ (-98,000) ................
Alteration of bridges......................................... 16,000 ................ 4,000 -12,000 +4,000
Emergency appropriations (Public Law 111-5)............... 142,000 ................ ................ -142,000 ................
-----------------------------------------------------------------------------------------
Subtotal................................................ 158,000 ................ 4,000 -154,000 +4,000
Research, development, test, and evaluation................... 18,000 19,745 29,745 +11,745 +10,000
Health care fund contribution (permanent indefinite 257,305 261,000 261,000 +3,695 ................
discretionary)...............................................
-----------------------------------------------------------------------------------------
Subtotal, Coast Guard discretionary..................... 8,364,307 8,367,743 8,877,446 +513,139 +509,703
Retired pay (mandatory)....................................... 1,236,745 1,361,245 1,361,245 +124,500 ................
=========================================================================================
Total, Coast Guard...................................... 9,601,052 9,728,988 10,238,691 +637,639 +509,703
Appropriations...................................... (9,361,052) (9,728,988) (9,997,188) (+636,136) (+268,200)
Emergency appropriations............................ (240,000) ................ ................ (-240,000) ................
Overseas contingency operations..................... ................ ................ (241,503) (+241,503) (+241,503)
United States Secret Service
Salaries and expenses:
Protection:
Protection of persons and facilities.................. 705,918 759,561 759,561 +53,643 ................
Protective intelligence activities.................... 59,761 67,824 67,824 +8,063 ................
National special security events...................... 1,000 1,000 1,000 ................ ................
Presidential candidate nominee protection............. 41,082 ................ ................ -41,082 ................
White House mail screening............................ 33,701 25,315 22,415 -11,286 -2,900
-----------------------------------------------------------------------------------------
Subtotal, Protection................................ 841,462 853,700 850,800 +9,338 -2,900
Investigations:
Domestic field operations............................. 241,772 260,892 260,892 +19,120 ................
International field office administration, operations, 30,000 30,705 30,705 +705 ................
and training.........................................
Electronic crimes special agent program and electronic 51,836 56,541 56,541 +4,705 ................
crimes task forces...................................
Support for missing and exploited children............ 8,366 8,366 8,366 ................ ................
-----------------------------------------------------------------------------------------
Subtotal, Investigations............................ 331,974 356,504 356,504 +24,530 ................
Administration:
Headquarters, management, and administration.......... 182,104 221,045 221,045 +38,941 ................
Training:
Rowley training center................................ 53,189 54,360 54,360 +1,171 ................
Emergency appropriations (Public Law 111-8)............... 100,000 ................ ................ -100,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses......................... 1,508,729 1,485,609 1,482,709 -26,020 -2,900
Appropriations...................................... (1,408,729) (1,485,609) (1,482,709) (+73,980) (-2,900)
Emergency appropriations............................ (100,000) ................ ................ (-100,000) ................
Acquisition, construction, improvements, and related expenses 4,225 3,975 3,975 -250 ................
(Rowley).....................................................
-----------------------------------------------------------------------------------------
Total, United States Secret Service..................... 1,512,954 1,489,584 1,486,684 -26,270 -2,900
Appropriations...................................... (1,412,954) (1,489,584) (1,486,684) (+73,730) (-2,900)
Emergency appropriations............................ (100,000) ................ ................ (-100,000) ................
=========================================================================================
Total, title II, Security, Enforcement, and 31,991,315 32,121,952 32,652,599 +661,284 +530,647
Investigations (including transfers)...................
Appropriations.................................. (29,951,315) (32,121,952) (32,411,096) (+2,459,781) (+289,144)
Emergency appropriations........................ (2,040,000) ................ ................ (-2,040,000) ................
Contingent emergency (by transfer).............. ................ ................ ................ ................ ................
(Fee Accounts).................................. (1,787,145) (1,764,800) (1,764,800) (-22,345) ................
=========================================================================================
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Management and administration:
Administrative activities................................. 41,850 34,682 34,682 -7,168 ................
Risk management and analysis.............................. 9,500 9,895 9,895 +395 ................
-----------------------------------------------------------------------------------------
Total, Management and administration.................... 51,350 44,577 44,577 -6,773 ................
Infrastructure Protection and Information Security:
Infrastructure protection:
Identification and analysis........................... 80,603 86,610 90,610 +10,007 +4,000
Coordination and information sharing.................. 62,367 50,582 59,582 -2,785 +9,000
Mitigation programs................................... 170,830 196,111 196,111 +25,281 ................
-----------------------------------------------------------------------------------------
Subtotal, Infrastructure protection................. 313,800 333,303 346,303 +32,503 +13,000
National Cyber Security Division:
U.S. Computer Emergency Response Team (US-CERT)....... 254,924 333,629 331,629 +76,705 -2,000
Strategic initiatives................................. 49,138 57,679 57,679 +8,541 ................
Outreach and programs................................. 9,438 9,346 9,346 -92 ................
-----------------------------------------------------------------------------------------
Subtotal, National Cyber Security Division.......... 313,500 400,654 398,654 +85,154 -2,000
Office of Emergency Communications........................ 38,300 44,060 44,060 +5,760 ................
National Security/Emergency Preparedness
Telecommunications:
Priority telecommunications services.................. 58,740 56,773 56,773 -1,967 ................
Next generation networks.............................. 50,250 50,250 25,000 -25,250 -25,250
Programs to study and enhance telecommunications...... 15,100 19,274 16,774 +1,674 -2,500
Critical infrastructure protection programs........... 11,260 13,852 13,852 +2,592 ................
National command and coordination capability.......... 5,963 ................ ................ -5,963 ................
-----------------------------------------------------------------------------------------
Subtotal, National Security/Emergency Preparedness 141,313 140,149 112,399 -28,914 -27,750
Telecommunications.................................
-----------------------------------------------------------------------------------------
Subtotal, Infrastructure Protection and Information 806,913 918,166 901,416 +94,503 -16,750
Security...........................................
U.S. Visitor and Immigrant Status Indicator Technology........ 300,000 356,194 378,194 +78,194 +22,000
Federal Protective Service:
Basic security............................................ ................ 213,673 213,673 +213,673 ................
Building-specific security................................ ................ 426,327 426,327 +426,327 ................
Reimbursable Security Fees (contract guard services)...... ................ 475,000 475,000 +475,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Federal Protective Service.................... ................ 1,115,000 1,115,000 +1,115,000 ................
Offsetting collections................................ ................ -1,115,000 -1,115,000 -1,115,000 ................
=========================================================================================
Total, National Protection and Programs Directorate..... 1,158,263 1,318,937 1,324,187 +165,924 +5,250
Appropriations...................................... (1,158,263) (2,433,937) (2,439,187) (+1,280,924) (+5,250)
Offsetting collections.............................. ................ (-1,115,000) (-1,115,000) (-1,115,000) ................
-----------------------------------------------------------------------------------------
Office of Health Affairs
BioWatch.................................................. 111,606 94,513 89,513 -22,093 -5,000
National biosurveillence integration system............... 8,000 8,000 8,000 ................ ................
Rapidly deployable chemical detection system.............. 2,600 2,600 2,600 ................ ................
Planning and coordination................................. 5,775 2,476 4,476 -1,299 +2,000
Salaries and expenses..................................... 29,210 30,411 30,411 +1,201 ................
-----------------------------------------------------------------------------------------
Total, Office of Health Affairs......................... 157,191 138,000 135,000 -22,191 -3,000
Federal Emergency Management Agency
Management and administration:
Operating activities...................................... 798,595 817,205 820,205 +21,610 +3,000
(Defense function).................................... (94,059) (107,481) (107,481) (+13,422) ................
Urban search and rescue response system................... 32,500 28,000 32,500 ................ +4,500
Office of National Capitol Region Coordination............ 6,342 6,995 6,995 +653 ................
Transfer from Disaster relief............................. (105,600) (50,000) (50,000) (-55,600) ................
-----------------------------------------------------------------------------------------
Subtotal, Management and administration (including 943,037 902,200 909,700 -33,337 +7,500
transfers).............................................
Appropriations...................................... (837,437) (852,200) (859,700) (+22,263) (+7,500)
(Non-defense appropriations).................... (743,378) (744,719) (752,219) (+8,841) (+7,500)
(Defense appropriations)........................ (94,059) (107,481) (107,481) (+13,422) ................
by transfer......................................... (105,600) (50,000) (50,000) (-55,600) ................
State and local programs:
State Homeland Security Grant Program..................... 890,000 890,000 890,000 ................ ................
Operation Stonegarden................................. 60,000 60,000 60,000 ................ ................
-----------------------------------------------------------------------------------------
Subtotal, State Homeland Security Grant Program..... 950,000 950,000 950,000 ................ ................
Urban area security initiative............................ 837,500 887,000 887,000 +49,500 ................
Regional catastrophic preparedness grants................. 35,000 35,000 35,000 ................ ................
Metropolitan Medical Response System...................... 41,000 40,000 40,000 -1,000 ................
Citizen Corps program..................................... 15,000 15,000 15,000 ................ ................
Public transportation security assistance and railroad 400,000 250,000 356,000 -44,000 +106,000
security assistance......................................
Emergency appropriations (Public Law 111-5)........... 150,000 ................ ................ -150,000 ................
-----------------------------------------------------------------------------------------
Subtotal............................................ 550,000 250,000 356,000 -194,000 +106,000
Port security grants...................................... 400,000 250,000 350,000 -50,000 +100,000
Emergency appropriations (Public Law 111-5)........... 150,000 ................ ................ -150,000 ................
-----------------------------------------------------------------------------------------
Subtotal............................................ 550,000 250,000 350,000 -200,000 +100,000
Over-the-road bus security assistance..................... 12,000 ................ ................ -12,000 ................
Trucking industry security grants......................... 8,000 ................ ................ -8,000 ................
Buffer Zone Protection Program grants..................... 50,000 50,000 50,000 ................ ................
Driver's License Security Grants Program.................. ................ 50,000 50,000 +50,000 ................
Commercial equipment direct assistance program............ 8,000 ................ ................ -8,000 ................
Interoperable emergency communications grant program...... 50,000 50,000 50,000 ................ ................
Emergency Operations Centers.............................. 35,000 ................ 20,000 -15,000 +20,000
Firefighter assistance grants:
Fire grants........................................... ................ 170,000 ................ ................ -170,000
Staffing for Adequate Fire and Emergency Response Act ................ 420,000 ................ ................ -420,000
grants...............................................
-----------------------------------------------------------------------------------------
Subtotal, Firefighter assistance grants............. ................ 590,000 ................ ................ -590,000
Emergency management performance grants................... ................ 315,000 ................ ................ -315,000
National Programs:
National Domestic Preparedness Consortium............. 102,000 51,500 102,000 ................ +50,500
Center for Domestic Preparedness...................... 57,000 62,500 62,500 +5,500 ................
Noble Training Center................................. 5,500 ................ ................ -5,500 ................
Counterterrorism and Cyber Crime Center............... 1,700 ................ 1,700 ................ +1,700
National exercise program............................. 40,000 42,000 40,000 ................ -2,000
Technical assistance.................................. 11,000 13,000 13,000 +2,000 ................
Continuing training grants............................ 31,000 23,000 27,000 -4,000 +4,000
Evaluations and assessments........................... 16,000 18,000 18,000 +2,000 ................
-----------------------------------------------------------------------------------------
Subtotal, National Programs......................... 264,200 210,000 264,200 ................ +54,200
Management and administration............................. ................ 175,000 ................ ................ -175,000
-----------------------------------------------------------------------------------------
Subtotal, State and Local Programs...................... 3,405,700 3,867,000 3,067,200 -338,500 -799,800
Appropriations...................................... (3,105,700) (3,867,000) (3,067,200) (-38,500) (-799,800)
Emergency appropriations............................ (300,000) ................ ................ (-300,000) ................
Firefighter assistance grants:
Fire grants............................................... 565,000 ................ 380,000 -185,000 +380,000
Fire station construction:
Emergency appropriations (Public Law 111-5)........... 210,000 ................ ................ -210,000 ................
Staffing for Adequate Fire and Emergency Response Act 210,000 ................ 420,000 +210,000 +420,000
grants...................................................
-----------------------------------------------------------------------------------------
Subtotal, Firefighter assistance grants................. 985,000 ................ 800,000 -185,000 +800,000
Appropriations...................................... (775,000) ................ (800,000) (+25,000) (+800,000)
Emergency appropriations............................ (210,000) ................ ................ (-210,000) ................
Emergency management performance grants....................... 315,000 ................ 350,000 +35,000 +350,000
-----------------------------------------------------------------------------------------
Subtotal, Grants and training........................... 4,705,700 3,867,000 4,217,200 -488,500 +350,200
Appropriations...................................... (4,195,700) (3,867,000) (4,217,200) (+21,500) (+350,200)
Emergency appropriations............................ (510,000) ................ ................ (-510,000) ................
Radiological Emergency Preparedness Program................... -505 -265 -265 +240 ................
United States Fire Administration............................. 44,979 45,588 45,588 +609 ................
Disaster relief............................................... 1,400,000 2,000,000 1,456,866 +56,866 -543,134
(transfer to Management and Administration)............... (-105,600) (-50,000) (-50,000) (+55,600) ................
(transfer to Inspector General)........................... (-16,000) ................ (-16,000) ................ (-16,000)
-----------------------------------------------------------------------------------------
Subtotal, Disaster Relief............................... 1,278,400 1,950,000 1,390,866 +112,466 -559,134
Disaster assistance direct loan program account:
(Limitation on direct loans).............................. (25,000) (25,000) (25,000) ................ ................
Direct loan subsidy....................................... 295 295 295 ................ ................
Flood map modernization fund.................................. 220,000 220,000 220,000 ................ ................
National flood insurance fund:
Salaries and expenses..................................... 49,418 52,149 52,149 +2,731 ................
Flood plain management and mitigation..................... 107,181 107,320 107,320 +139 ................
Offsetting fee collections................................ -156,599 -159,469 -159,469 -2,870 ................
National predisaster mitigation fund.......................... 90,000 150,000 120,000 +30,000 -30,000
Emergency food and shelter.................................... 200,000 100,000 175,000 -25,000 +75,000
Emergency appropriations (Public Law 111-5)............... 100,000 ................ ................ -100,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Emergency food and shelter.................... 300,000 100,000 175,000 -125,000 +75,000
Cerro Grande Fire Payments (rescission)....................... -9,000 ................ ................ +9,000 ................
-----------------------------------------------------------------------------------------
Total, Federal Emergency Management Agency (including 7,572,906 7,234,818 7,078,384 -494,522 -156,434
transfers).............................................
Appropriations.................................. (6,987,906) (7,234,818) (7,094,384) (+106,478) (-140,434)
Emergency appropriations........................ (610,000) ................ ................ (-610,000) ................
Rescissions..................................... (-9,000) ................ ................ (+9,000) ................
by transfer..................................... (105,600) (50,000) (50,000) (-55,600) ................
transfer out.................................... (-121,600) (-50,000) (-66,000) (+55,600) (-16,000)
(Limitation on direct loans).................... (25,000) (25,000) (25,000) ................ ................
=========================================================================================
Total, title III, Protection, Preparedness, Response and 8,888,360 8,691,755 8,537,571 -350,789 -154,184
Recovery Directorate...................................
Appropriations.................................. (8,303,360) (8,691,755) (8,553,571) (+250,211) (-138,184)
Emergency appropriations........................ (610,000) ................ ................ (-610,000) ................
Rescissions..................................... (-9,000) ................ ................ (+9,000) ................
By transfer..................................... (105,600) (50,000) (50,000) (-55,600) ................
Transfer out.................................... (-121,600) (-50,000) (-66,000) (+55,600) (-16,000)
(Limitation on direct loans).................... (25,000) (25,000) (25,000) ................ ................
=========================================================================================
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations:
Basic pilot program....................................... 100,000 112,000 118,500 +18,500 +6,500
Benefit parole programs................................... 540 ................ ................ -540 ................
Immigration integration programs.......................... 1,200 10,000 1,200 ................ -8,800
Driver's License Security Hub............................. ................ 25,000 ................ ................ -25,000
Asylum and refugee services............................... ................ 206,000 5,000 +5,000 -201,000
Data center consolidation................................. ................ 11,000 11,000 +11,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Appropriations................................ 101,740 364,000 135,700 +33,960 -228,300
Adjudication services (fees):
Pay and benefits.......................................... (780,076) ................ ................ (-780,076) ................
District operations....................................... (535,156) (1,132,317) (1,132,317) (+597,161) ................
Service center operations................................. (345,890) (549,623) (549,623) (+203,733) ................
Asylum, refugee and international operations.............. (92,602) ................ ................ (-92,602) ................
International operations.................................. ................ (64,587) (64,587) (+64,587) ................
Records operations........................................ (85,946) (107,113) (107,113) (+21,167) ................
Business transformation................................... (139,000) (173,264) (173,264) (+34,264) ................
Digitization program (nonadd)......................... (28,000) (29,000) (29,000) (+1,000) ................
-----------------------------------------------------------------------------------------
Subtotal, Adjudication services..................... (1,978,670) (2,026,904) (2,026,904) (+48,234) ................
Information and customer services (fees):
Pay and benefits.......................................... (92,587) ................ ................ (-92,587) ................
Information and customer service.......................... ................ (89,050) (89,050) (+89,050) ................
National Customer Service Centers......................... (53,747) ................ ................ (-53,747) ................
Information services...................................... (21,465) ................ ................ (-21,465) ................
-----------------------------------------------------------------------------------------
Subtotal, Information and customer services............. (167,799) (89,050) (89,050) (-78,749) ................
Administration (fees):
Administration............................................ ................ (365,932) (365,932) (+365,932) ................
Pay and benefits.......................................... (88,746) ................ ................ (-88,746) ................
Operating expenses........................................ (285,153) ................ ................ (-285,153) ................
-----------------------------------------------------------------------------------------
Subtotal, Administration................................ (373,899) (365,932) (365,932) (-7,967) ................
Systematic Alien Verification for Entitlements [SAVE] (fees).. (18,818) (21,346) (21,346) (+2,528) ................
=========================================================================================
Total, United States Citizenship and Immigration (2,640,926) (2,867,232) (2,638,932) (-1,994) (-228,300)
Services...............................................
Appropriations...................................... (101,740) (364,000) (135,700) (+33,960) (-228,300)
Total Fees.......................................... (2,539,186) (2,503,232) (2,503,232) (-35,954) ................
(Immigration Examination Fees).................. (2,495,186) (2,451,884) (2,451,884) (-43,302) ................
(Fraud prevention and detection fees)........... (31,000) (38,348) (38,348) (+7,348) ................
(H1B Non-Immigrant Petitioner fees)............. (13,000) (13,000) (13,000) ................ ................
=========================================================================================
Federal Law Enforcement Training Center
Salaries and expenses:
Law enforcement training.................................. 245,240 244,047 243,047 -2,193 -1,000
Accreditation............................................. 1,290 1,309 1,309 +19 ................
-----------------------------------------------------------------------------------------
Subtotal, Salaries and expenses......................... 246,530 245,356 244,356 -2,174 -1,000
Acquisitions, construction, improvements, and related
expenses:
Direct appropriation...................................... 86,456 43,456 43,456 -43,000 ................
-----------------------------------------------------------------------------------------
Total, Federal Law Enforcement Training Center.......... 332,986 288,812 287,812 -45,174 -1,000
Science and Technology
Management and administration................................. 132,100 142,200 143,200 +11,100 +1,000
Research, development, acquisition, and operations:
Border and maritime security.............................. 33,050 40,181 40,181 +7,131 ................
Chemical and biological................................... 200,408 206,800 206,800 +6,392 ................
Command, control, and interoperability.................... 74,890 80,264 83,264 +8,374 +3,000
Explosives................................................ 96,149 120,809 120,809 +24,660 ................
Human factors............................................. 12,460 15,087 12,460 ................ -2,627
Infrastructure and geophysical............................ 75,816 44,742 67,607 -8,209 +22,865
Innovation................................................ 33,000 44,000 44,000 +11,000 ................
Laboratory facilities..................................... 161,940 154,500 154,500 -7,440 ................
Test and evaluations/standards............................ 28,674 28,674 28,674 ................ ................
Transition................................................ 28,830 45,134 45,134 +16,304 ................
University programs....................................... 50,270 46,000 48,300 -1,970 +2,300
Homeland Security Institute............................... 5,000 ................ ................ -5,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Research, development, acquisition, and 800,487 826,191 851,729 +51,242 +25,538
operations.............................................
=========================================================================================
Total, Science and Technology........................... 932,587 968,391 994,929 +62,342 +26,538
=========================================================================================
Domestic Nuclear Detection Office
Management and administration................................. 37,500 39,599 37,500 ................ -2,099
Research, development, and operations:
Systems engineering and architecture...................... 25,147 25,448 25,448 +301 ................
Systems development....................................... 108,100 100,000 100,000 -8,100 ................
Transformational research and development................. 103,300 110,537 110,537 +7,237 ................
Assessments............................................... 32,000 32,416 32,416 +416 ................
Operations support........................................ 37,753 38,436 38,436 +683 ................
National Technical Nuclear Forensics Center............... 16,900 19,700 19,700 +2,800 ................
-----------------------------------------------------------------------------------------
Research, development, and operations................... 323,200 326,537 326,537 +3,337 ................
Systems acquisition:
Radiation Portal Monitor/Advanced Spectroscopic Portal 120,491 ................ ................ -120,491 ................
program..................................................
Securing the Cities....................................... 20,000 ................ 10,000 -10,000 +10,000
Human Portal Radiation Detection System program........... 13,000 ................ ................ -13,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Systems acquisition........................... 153,491 ................ 10,000 -143,491 +10,000
-----------------------------------------------------------------------------------------
Total, Domestic Nuclear Detection Office................ 514,191 366,136 374,037 -140,154 +7,901
=========================================================================================
Total, title IV, Research and Development, Training, and 1,881,504 1,987,339 1,792,478 -89,026 -194,861
Services...............................................
(Fee Accounts)...................................... (2,539,186) (2,503,232) (2,503,232) (-35,954) ................
=========================================================================================
TITLE V--GENERAL PROVISIONS
Enacted provisions:...........................................
Sec. 547: REAL ID Grants.................................. 50,000 ................ ................ -50,000 ................
Sec. 547: REAL ID Information Sharing and Verification 50,000 ................ ................ -50,000 ................
System...................................................
Sec. 549: Rescission, TSA undistributed carryover......... -31,000 ................ ................ +31,000 ................
Sec. 550: Rescission of unobligated balances, A&O......... -21,373 ................ -5,000 +16,373 -5,000
Sec. 551: Rescission of unobligated balances, Coast Guard -20,000 ................ ................ +20,000 ................
AC&I.....................................................
Sec. 551: Rescission of unobligated balances, ICE ................ ................ -7,000 -7,000 -7,000
Construction.............................................
Sec. 552: Rescission of unobligated balances, NPPD........ ................ ................ -8,000 -8,000 -8,000
Sec. 553: Rescission of unobligated balances, S&T......... ................ ................ -7,500 -7,500 -7,500
Sec. 554: Rescission of unobligated balances, DNDO........ ................ ................ -8,000 -8,000 -8,000
=========================================================================================
Total, title V, General Provisions...................... 27,627 ................ -35,500 -63,127 -35,500
Appropriations...................................... (100,000) ................ ................ (-100,000) ................
Rescissions......................................... (-72,373) ................ (-35,500) (+36,873) (-35,500)
=========================================================================================
Grand total............................................. 44,080,245 44,190,938 44,287,748 +207,503 +96,810
Appropriations.................................. (41,306,618) (44,190,938) (44,081,745) (+2,775,127) (-109,193)
(Discretionary)............................. (40,069,873) (42,829,693) (42,720,500) (+2,650,627) (-109,193)
(Mandatory)................................. (1,236,745) (1,361,245) (1,361,245) (+124,500) ................
Emergency appropriations........................ (2,855,000) ................ ................ (-2,855,000) ................
Overseas deployment activities.................. ................ ................ (241,503) (+241,503) (+241,503)
Rescissions..................................... (-81,373) ................ (-35,500) (+45,873) (-35,500)
Fee funded programs............................. (4,326,331) (4,268,032) (4,268,032) (-58,299) ................
(Limitation on direct loans).................... (25,000) (25,000) (25,000) ................ ................
(Transfer out).................................. (-121,600) (-50,000) (-66,000) (+55,600) (-16,000)
(By transfer--contingent emergency)............. ................ ................ ................ ................ ................
(By transfer)................................... (121,600) (50,000) (66,000) (-55,600) (+16,000)
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