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Calendar No. 583
108th Congress Report
SENATE
2d Session 108-280
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2005
_______
June 17, 2004.--Ordered to be printed
_______
Mr. Cochran, from the Committee on Appropriations,
submitted the following
R E P O R T
[To accompany S. 2537]
The Committee on Appropriations, to which was referred the
bill (H.R. 0000) making appropriations for the Department of
Homeland Security for the fiscal year ending September 30,
2005, and for other purposes, reports the same to the Senate
with an amendment and recommends that the bill as amended do
pass. deg.
The Committee on Appropriations reports the bill (S. 2537)
making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2005, and for other
purposes, reports favorably thereon and recommends that the
bill do pass.
Total obligational authority, fiscal year 2005
Amount of bill as reported to the Senate \2\............ $33,085,460,000
Amount of 2004 appropriations acts to date \1\.......... 35,048,446,000
Amount of estimates, 2005 \2\........................... 32,189,925,000
The bill as recommended to the Senate:
Under the appropriations provided in 2004........... 1,962,986,000
Over the estimates for 2005......................... 895,535,000
\1\ Includes a 0.59 percent rescission pursuant to Public Law 108-106;
$298,183,000 in emergency supplemental appropriations; and
$4,703,000,000 in advance appropriations for subsequent fiscal years.
\2\ Includes $2,528,000,000 for biodefense countermeasures, and excludes
$400,000,000 for the Strategic National Stockpile transferred to the
Department of Health and Human Services.
C O N T E N T S
----------
DEPARTMENT OF HOMELAND SECURITY
Page
Overview and Summary of the Bill................................. 4
Title I--Departmental Management and Operations:
Office of the Secretary and Executive Management............. 6
Office of the Under Secretary for Management................. 8
Department-Wide Technology Investments....................... 10
Office of Inspector General.................................. 11
Title II--Security, Enforcement, and Investigations:
Border and Transportation Security:
Office of the Under Secretary for Border and
Transportation Security:
Salaries and Expenses................................ 13
United States Visitor and Immigrant Status Indicator
Technology......................................... 14
Customs and Border Protection:
Salaries and Expenses................................ 16
Automation Modernization............................. 21
Construction......................................... 22
Immigration and Customs Enforcement:
Salaries and Expenses............................ 23
Federal Air Marshals............................. 26
Federal Protective Service....................... 27
Automation Modernization......................... 28
Air and Marine Interdiction, Operations,
Maintenance, and Procurement................... 28
Construction..................................... 29
Transportation Security Administration:
Aviation Security................................ 31
Maritime and Land Security....................... 36
Intelligence..................................... 38
Research and Development......................... 38
Administration................................... 40
United States Coast Guard:
Operating Expenses................................... 41
Environmental Compliance and Restoration............. 45
Reserve Training..................................... 46
Acquisition, Construction, and Improvements.......... 46
Alteration of Bridges................................ 49
Research, Development, Test and Evaluation........... 50
Retired Pay.......................................... 50
United States Secret Service:
Salaries and Expenses................................ 51
Acquisition, Construction, Improvements, and Related
Ex-
penses............................................. 52
Title III--Preparedness and Recovery:
Office of State and Local Government Coordination and
Preparedness:
Management and Administration............................ 55
State and Local Programs................................. 55
Firefighter Assistance Grants............................ 59
Emergency Management Performance Grants.................. 60
Counterterrorism Fund........................................ 61
Emergency Preparedness and Response:
Office of the Under Secretary for Emergency Preparedness
and Re-
sponse................................................. 63
Preparedness, Mitigation, Response, and Recovery......... 63
Administrative and Regional Operations................... 64
Public Health Programs................................... 65
Biodefense Countermeasures............................... 65
Radiological Emergency Preparedness Program.............. 65
Disaster Relief.......................................... 66
Disaster Assistance Direct Loan Program Account.......... 66
National Pre-Disaster Mitigation Fund.................... 67
Flood Map Modernization Fund............................. 67
National Flood Insurance Fund............................ 68
National Flood Mitigation Fund........................... 68
Mitigation Grants........................................ 69
Emergency Management Performance Grants.................. 69
Emergency Food and Shelter............................... 69
Cerro Grande Fire Claims................................. 70
Title IV--Research and Development, Training, Assessments, and
Services:
Citizenship and Immigration Services......................... 71
Federal Law Enforcement Training Center:
Salaries and Expenses.................................... 72
Acquisition, Construction, Improvements, and Related
Expenses............................................... 73
Information Analysis and Infrastructure Protection:
Management and Administration............................ 74
Assessments and Evaluations.............................. 75
Science and Technology:
Management and Administration............................ 81
Research, Development, Acquisition and Operations........ 82
Title V--General Provisions...................................... 89
Program, Project, and Activity................................... 91
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 92
Compliance With Paragraph 7(C), Rule XXVI of the Standing Rules
of the Senate.................................................. 92
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 93
OVERVIEW AND SUMMARY OF THE BILL
The amounts of obligational authority, by title of the
bill, are shown on the following table. A detailed tabulation,
showing comparisons, appears at the end of this report.
Recommendations for individual appropriations for
organizations, programs, projects, and activities are carried
in this bill under the appropriate account headings.
------------------------------------------------------------------------
Fiscal year 2005
Fiscal year 2005 Committee
request recommendation
------------------------------------------------------------------------
Title I--Departmental Management $713,604,000 $632,102,000
and Operations...................
Title II--Security, Enforcement, 20,029,618,000 20,735,931,000
and Investigations...............
Title III--Preparedness and 9,206,471,000 9,408,297,000
Recovery.........................
Title IV--Research and 2,240,232,000 2,309,130,000
Development, Training,
Assessments, and Sevices.........
-------------------------------------
Total, new budget 32,189,925,000 33,085,460,000
(obligational authority)...
------------------------------------------------------------------------
The Committee recommends total new appropriations of
$33,085,460,000 for the Department of Homeland Security for
fiscal year 2005, $895,535,000 more than the budget request. Of
this amount, $32,000,000,000 is for discretionary programs.
The Committee recommends total appropriations of
$8,767,108,000 for the defense of the Nation's borders, and
investigation and enforcement of immigration and customs laws.
For the Bureau of Customs and Border Protection, the Committee
provides a total of $5,008,587,000, including $449,909,000 for
automation modernization. For the Bureau of Immigration and
Customs Enforcement, the Committee provides a total of
$3,409,657,000, including $662,900,000 for the Federal Air
Marshals and $267,535,000 for the Air and Marine Interdiction
program. In addition, the Committee recommends $340,000,000 for
the US Visitor and Immigrant Status Indicator Technology
project. The Committee also recommends total appropriations of
$140,000,000 for the Bureau of Citizenship and Immigration
Services.
The Committee recommends total appropriations of
$5,226,935,000 for the Transportation Security Administration,
further providing a commitment to secure all modes of
transportation by providing funding for the following:
$161,060,000 for reconfiguration of passenger checkpoints;
$210,000,000 for the procurement of explosive detection
systems; $292,890,000 for airport information technology and
support; $15,000,000 for rail security; $43,000,000 for air
cargo security; $57,000,000 for research and development of
next generation explosive detection systems; and $75,000,000
for research and development to detect air cargo threats.
The Committee recommends a total of $7,469,130,000 for the
United States Coast Guard, including $1,090,000,000 for
defense-related activities. The Committee recommends
$776,000,000 for the Integrated Deepwater Systems program, a
$112,000,000 increase from the fiscal year 2004 level.
The Committee recommends a total of $5,648,216,000 for the
Emergency Preparedness and Response Directorate, including:
$2,151,000,000 for disaster relief; $231,499,000 for
preparedness, mitigation, response, and recovery; $200,000,000
for the flood map modernization activities; $150,000,000 for
mitigation grants; and $153,000,000 for the emergency food and
shelter program. In addition, $2,528,000,000 in previously
appropriated funds will be available for fiscal year 2005 for
biodefense countermeasures.
The Committee provides total appropriations of $875,576,000
for information analysis and infrastructure protection with the
following recommendations: $91,592,000 for critical
infrastructure information coordination between the Federal and
private sector; $193,673,000 for protective actions to continue
the Buffer Zone Protection Plan; $11,000,000 for the
biosurveillance initiative; $67,380,000 for cyber security
infrastructure monitoring and coordination; and $140,754,000
for national security and emergency preparedness
telecommunications.
For science and technology, the Committee recommends total
appropriations of $1,069,197,000, with the following
recommendations: $118,000,000 for the biosurveillance
initiative; $33,590,000 for high explosives countermeasures,
including $23,890,000 for rail security; $75,120,000 for rapid
prototyping; $69,048,000 for university programs; $61,000,000
for the Counter-MANPADS program; $17,800,000 for cyber
security; and $11,000,000 for communications interoperability
programs.
To further strengthen the capacity of the Nation's first
responders to prepare for and respond to possible terrorist
threats and other emergencies, the Committee provides a total
of $3,750,081,000 for the Office of State and Local Government
Coordination and Preparedness, including: $1,370,000,000 for
the State and local basic formula grants, of which $400,000,000
is for State and local law enforcement terrorism prevention
grants; $1,200,000,000 for urban area security initiative
discretionary grants, of which $150,000,000 is for port
security grants and $150,000,000 is for rail and transit
security grants. The Committee also provides $700,000,000 for
firefighter assistance grants and $180,000,000 for emergency
management performance grants, to remain as stand-alone
programs.
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriations, 2004 \1\................................ $80,317,000
Budget estimate, 2005 \2\............................... 102,623,000
Committee recommendation................................ 82,206,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Included in $405,287,500 consolidated ``Departmental Operations''
account in lieu of separate ``Office of the Secretary and Executive
Management'' and ``Office of the Under Secretary for Management''
accounts.
The Office of the Secretary and Executive Management
directs and leads the Department and provides policy guidance
to operating bureaus within the organization. The specific
activities funded by this account include: the Immediate Office
of the Secretary of Homeland Security, the Immediate Office of
the Deputy Secretary, the Office of Security, the Chief of
Staff, the Executive Secretary, the Special Assistant to the
Secretary/Private Sector, the Office for National Capital
Region Coordination, the Office for State and Local Government
Coordination, the Office of International Affairs, the Office
of Public Affairs, the Office of Legislative Affairs, the
Office of General Counsel, the Office for Civil Rights and
Civil Liberties, the Citizenship and Immigration Services
Ombudsman, the Homeland Security Advisory Committee, and the
Privacy Officer.
COMMITTEE RECOMMENDATIONS
The Committee recommends $82,206,000 for the Office of the
Secretary and Executive Management.
The specific levels recommended by the Committee as
compared to the fiscal year 2004 and budget request level are
as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary......................... 2,126 2,388 2,388
Immediate Office of the Deputy Secretary.................. 1,109 1,112 1,112
Office of Security........................................ 19,782 21,044 21,044
Chief of Staff............................................ 5,017 5,240 5,240
Executive Secretary....................................... 5,208 5,190 5,190
Special Assistant to the Secretary/Private Sector......... 3,971 3,781 3,781
Office for National Capital Region Coordination........... 557 1,323 688
Office for State and Local Government Coordination........ 3,077 3,546 ( \2\ )
Office of International Affairs........................... 1,158 1,318 1,318
Office of Public Affairs.................................. 8,120 10,669 8,120
Office of Legislative Affairs............................. 5,872 6,627 5,872
Office of General Counsel................................. 8,645 10,821 10,821
Office for Civil Rights and Civil Liberties............... 12,950 15,025 15,025
Citizenship and Immigration Services Ombudsman............ 1,236 5,858 3,546
Homeland Security Advisory Committee...................... 722 1,414 1,287
Privacy Officer........................................... 767 3,774 3,774
Regions................................................... ................ 3,493 ................
Unspecified reduction..................................... ................ ................ -7,000
-----------------------------------------------------
Total, Office of the Secretary and Executive 80,317 102,623 82,206
Management.........................................
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Funded under the Office of State and Local Government Coordination and Preparedness ``Management and
Administration'' account.
Consolidation and Co-location of Offices.--Section 706 of
the Homeland Security Act of 2002 requires that not later than
1 year after the date of enactment of that Act, the Secretary
develop and submit to the Congress a plan for consolidating and
co-locating the regional or field offices of agencies
transferred to the Department. Because of the strong interest
in this process, the Committee expects to receive regular
updates from the Department on the status of this office
consolidation/co-location plan and to be notified at least 10
days prior to any public announcement of changes in the
location of these offices.
The Department shall submit a report to the Committee no
later than February 1, 2005, regarding the feasibility of
establishing a separate Homeland Security Pacific Region for
the administration of homeland security activities conducted by
the Department. The report should assess the particular
challenges in the noncontiguous United States, including
remoteness, difficulty in providing services caused by the
unique geography of these areas, and cultural barriers
preventing the successful response to incidents.
Information Technology Systems.--The Committee requests,
within 60 days after the date of enactment of this Act, and
every 3 months thereafter, the Secretary of Homeland Security,
in collaboration with the Director of the Office of Management
and Budget, shall submit a report to the Committees on
Appropriations of the House and Senate, the Committee on
Governmental Affairs of the Senate, the Committee on Government
Reform of the House of Representatives, and the Select
Committee on Homeland Security of the House of Representatives
on the status of the Department's efforts to:
(1) complete an inventory of the Department's entire
information technology infrastructure;
(2) devise and deploy a secure comprehensive enterprise
architecture that: (a) promotes interoperability of
homeland security information systems, including
communications systems, for agencies within and outside
the Department; (b) avoids unnecessary duplication; and
(c) aids rapid and appropriate information exchange,
retrieval, and collaboration at all levels of
government;
(3) consolidate multiple overlapping and inconsistent
terrorist watch lists, reconcile different policies and
procedures governing whether and how terrorist watch
list data are shared with other agencies and
organizations, and resolve fundamental differences in
the design of the systems that house the watch lists so
as to achieve consistency and expeditious access to
accurate, complete, and current information;
(4) ensure that the Department's enterprise architecture
and the information systems leveraged, developed,
managed, and acquired under such enterprise
architecture are capable of rapid deployment, limit
data access only to authorized users in a highly secure
environment, and are capable of continuous system
upgrades to benefit from advances in technology while
preserving the integrity of stored data; and
(5) align common information technology investments
within the Department and between the Department and
other Federal, State and local agencies responsible for
homeland security to minimize inconsistent and
duplicate acquisitions and expenditures.
Office of the Under Secretary for Management
Appropriations, 2004 \1\................................ $130,210,000
Budget estimate, 2005 \2\............................... 302,664,000
Committee recommendation................................ 245,579,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Included in $405,287,500 consolidated ``Departmental Operations''
account in lieu of separate ``Office of the Secretary and Executive
Management'' and ``Office of the Under Secretary for Management''
accounts.
The Under Secretary for Management oversees management and
operations of the Department, including financial planning and
execution, information systems management, human capital
planning and policies, building management, and oversight of
standard-setting and all departmental immigration statistical
information. The specific activities funded by this account
include: the Immediate Office of the Under Secretary for
Management, the Office of the Chief Financial Officer, the
Office of Procurement, the Office of Human Resources, the Chief
Information Officer, and the Office of Administration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $245,579,000 for the Office of the
Under Secretary for Management.
The specific levels recommended by the Committee as
compared to the fiscal year 2004 and budget levels are as
follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary................... 1,270 1,434 1,434
Business Transformation Office........................ ................ 1,832 1,099
Immigration Statistics................................ ................ 5,898 5,898
Office of the Chief Financial Officer..................... 10,530 12,275 14,670
Office of Procurement..................................... 6,135 7,024 7,024
Office of Human Resources................................. 6,703 7,706 7,706
Office of the Chief Information Officer................... 60,139 68,396 68,396
Secure Communications for the Secretary............... ................ 747 ................
Office of Administration.................................. 25,551 27,271 27,271
Headquarters, renovations and relocation costs............ 19,882 65,081 65,081
Human Resources System.................................... ................ 102,500 70,000
Investment Review Board................................... ................ 2,500 ................
Unspecified reduction..................................... ................ ................ -23,000
-----------------------------------------------------
Total, Office of the Under Secretary for Management. 130,210 302,664 245,579
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
DHS Consolidated Headquarters.--The Committee provides
$65,081,000, as requested, to enable the Department to continue
to consolidate and integrate its headquarters operations and
specific program components at the Nebraska Avenue Complex
[NAC] in Washington, D.C. This is an increase of $45,199,000
from the fiscal year 2004 level and includes $19,199,000 to
fund physical modifications to existing NAC buildings,
communications and security upgrades, and relocation costs to
meet the Department's housing requirements; and $26,000,000 for
the relocation of U.S. Navy operations from the NAC to leased
facilities, contingent on the enactment into law, as proposed
in the budget, of legislation transferring the NAC property
from the Department of the Navy to the General Services
Administration [GSA].
The Committee is concerned over reports that essential
Departmental components, such as the Information Analysis and
Infrastructure Protection Directorate, are unable to hire
needed personnel due to a lack of available housing. The
Department is directed to remedy this situation by providing
interim space at the NAC, or by working with the GSA to acquire
leased or other space, either on an interim or permanent basis,
to enable it to hire the personnel required to fully meet its
funded full-time equivalent position levels. The Department is
expected to correct this situation expeditiously and to provide
regular updates, at least monthly, on the actions being taken
by the Department in this regard.
The Committee also expects to be updated on a regular basis
on the Department's physical consolidation and on the planned
expenditure of the funds made available for the NAC, as well as
its plans for a permanent headquarters.
Human Resources System.--The Committee includes in its
recommendation $70,000,000 to support the design, detailed
program development, and deployment of the new DHS human
resources management system. Included in this amount is: (1)
$27,000,000 for detailed systems design and implementation
support to ensure that DHS designs a program that appropriately
links pay, competencies, and performance; (2) $28,000,000 for
training and communication to ensure that all DHS executives,
managers, and supervisors are adequately trained on aspects of
the new system and their responsibilities, along with awareness
and change management activities to ensure all DHS employees
understand system changes; and (3) $15,000,000 for program
management, oversight, and evaluation.
Department-Wide Technology Investments
Appropriations, 2004 \1\................................ $183,784,000
Budget estimate, 2005................................... 226,000,000
Committee recommendation................................ 222,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199 and
excludes $21,000,000 transferred from the Working Capital Fund.
The Department-wide Technology Investments account is for
the development and acquisition of information technology
equipment, software, services, and the costs of conversion to
narrowband communications.
COMMITTEE RECOMMENDATIONS
The Committee recommends $222,000,000, to be available
until expended, for Department-wide technology investments.
This includes an increase of $4,215,000 for pay and other
inflationary adjustments.
Information Technology Services.--Included in the amount
recommended by the Committee is $91,000,000 for information
technology investments to support infrastructure consolidation,
collaboration capabilities, web services, physical security
access, and management system integration. This reflects a
$4,000,000 reduction from the budget request.
The following table summarizes the Committee's
recommendations as compared to the budget request levels:
INFORMATION TECHNOLOGY SERVICES
[In thousands of dollars]
------------------------------------------------------------------------
Fiscal year 2005 Committee
budget recommendations
------------------------------------------------------------------------
Human resources information 21,000 21,000
technology development.............
Financial management system, eMERGE 56,000 52,000
development........................
Information technology support-- 18,000 18,000
enterprise architecture,
consolidation, and geospatial
initiatives........................
-----------------------------------
Total, Information Technology 95,000 91,000
Services.....................
------------------------------------------------------------------------
Security Activities.--Included in the amount recommended by
the Committee is $31,000,000 for continued security activities
and the homeland security information technology evaluation
program.
The following table summarizes the Committee's
recommendations as compared to the budget request levels:
SECURITY ACTIVITIES
[In thousands of dollars]
------------------------------------------------------------------------
Fiscal year 2005 Committee
budget recommendations
------------------------------------------------------------------------
Homeland security information 21,000 21,000
technology evaluation program......
Other security activities........... 10,000 10,000
-----------------------------------
Total, security activities.... 31,000 31,000
------------------------------------------------------------------------
Wireless Activities.--Included in the amount recommended by
the Committee is $100,000,000 for expanding and enhancing
wireless communications capabilities within the border
environment, and for continuing support of the Wireless Public
SAFEty Interoperability COMmunications [SAFECOM] program.
The following table summarizes the Committee's
recommendations as compared to the budget request levels:
WIRELESS ACTIVITIES
[In thousands of dollars]
------------------------------------------------------------------------
Fiscal year 2005 Committee
budget recommendations
------------------------------------------------------------------------
Integrated wireless network 69,000 69,000
initiative.........................
Operations and maintenance for 17,000 17,000
legacy systems.....................
Technical operations................ 3,000 3,000
SAFECOM............................. 11,000 11,000
-----------------------------------
Total, wireless activities.... 100,000 100,000
------------------------------------------------------------------------
Program and Project Plans.--The Committee requests the
Department to revise its report of April 20, 2004, on program
and project plans to include a detailed program plan describing
the scope; total estimated cost; cost by year; and the schedule
for completion, including significant milestones, for each
individual project funded for fiscal year 2004 in the
information technology services, security activities, and
wireless programs. The initial submission of this report did
not include the total estimated costs, or costs by year, for
any project; additionally, no discussion of the targeted
completion date was provided for most of the projects. This
information is important for the Committee to understand the
full scope of projects receiving funding. The report should be
submitted to the Committee no later than September 1, 2004.
The Committee further directs the Department to submit to
the Committee by December 1, 2004, a detailed program plan
describing the scope; total estimated cost; cost by year; and
the schedule for completion, including significant milestones,
for each individual project funded for fiscal year 2005 for
information technology services, security activities, and
wireless programs.
Office of Inspector General
Appropriations, 2004 \1\................................ $58,318,000
Budget estimate, 2005................................... 82,317,000
Committee recommendation................................ 82,317,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199 and
excludes $22,000,000 transfer from Disaster Relief appropriation.
The Homeland Security Act established an Office of
Inspector General [OIG] in the Department of Homeland Security
by amendment to the Inspector General Act of 1978. This account
finances the OIG's cost of conducting 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 $82,317,000 for the Office of
Inspector General for fiscal year 2005. This is $23,999,000
more than the fiscal year 2004 level and the same as the budget
request, including $83,000 in cost savings and an increase of
$2,082,000 for pay and other inflationary adjustments.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
BORDER AND TRANSPORTATION SECURITY
Office of the Under Secretary for Border and Transportation Security
SALARIES AND EXPENSES
Appropriations, 2004 \1\................................ $8,058,000
Budget estimate, 2005................................... 10,371,000
Committee recommendation................................ 8,864,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
This account provides the funds for the salaries and
expenses of the Office of the Under Secretary for Border and
Transportation Security which oversees the Bureau of Customs
and Border Protection, the Bureau of Immigration and Customs
Enforcement, the Transportation Security Administration, and
the Federal Law Enforcement Training Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $8,864,000 for the activities of
the Office of the Under Secretary of Border and Transportation
Security [BTS] salaries and expenses account, including an
increase of $806,000 for pay and other inflationary
adjustments. This funding level does not include an increase in
the authorized staffing level for this office.
Cargo Container Security.--Over the past 3 years, Congress
has provided in excess of $200,000,000 in funding for a variety
of innovative programs designed to ensure the safe and secure
shipment of containerized goods from their initial point of
loading to their final place of delivery in the United States.
The Department is learning many important lessons from these
programs, which include Operation Safe Commerce [OSC], the
Container Security Initiative [CSI], and Customs-Trade
Partnership Against Terrorism [C-TPAT]. The Committee directs
the Under Secretary to submit a report to the Congress no later
than February 8, 2005, which identifies: (1) the steps the
Department has taken to date to enhance shipping container
security, (2) the resources that have been devoted to shipping
container security in prior fiscal years and the proposed
resources to continue this security, (3) the results of on-
going projects, such as OSC, CSI, C-TPAT and others, (4) which
departmental entity has primary responsibility for implementing
the needed changes, and (5) the steps the entity with primary
responsibility will take to implement these changes, including
a specific schedule for the development and issuance of
standards, policies, procedures, or regulations.
Air Marine Assets Review.--In reviewing the budgets and
functions of the agencies within BTS, the Committee notes that
there are potential redundancies in the areas of air and marine
interdiction, investigation, and protection activities. Except
for the United States Coast Guard [USCG], which was transferred
intact to the Department, the Department has created two
separate air and marine operations within the Bureaus of
Customs and Border Protection [CBP] and Immigration and Customs
Enforcement [ICE]. The Border Patrol has its own fleet of
helicopters, fixed wing-aircraft, and maritime patrol boats,
while at the same time ICE has inherited the legacy Customs
Service air and marine operations activities. Both bureaus are
involved in tests of unmanned aerial vehicles for border
protection and surveillance. ICE will assume responsibility for
a portion of the costs of operating the former Federal Aviation
Administration long-range radar.
The Committee is aware that the Department has initiated a
process by which to review and possibly make recommendations on
the streamlining of the air and marine activities of the USCG,
CBP, and ICE. The departmental review has started slowly and
has caused a delay in the necessary planning to replace the
aging Vietnam-era aircraft currently in use. The Committee
expects the Department to submit a report to the Committee no
later than February 15, 2005, on its review of these
activities. The report should include a cost/benefit analysis
of retrofitting the existing P-3 fleet with new wings and tail
to reduce future maintenance costs to extend the life of the
aircraft versus procurement of new aircraft. If the review
reaches a conclusion about possible consolidation of these
assets or missions, the Department should consider using its
reorganization authority under the Homeland Security Act of
2002 to re-align resources.
Visas Mantis Process.--The Committee requests the
Department, in coordination with the Department of State and
the FBI, to develop a plan to improve the Visas Mantis process.
The plan should include, but not be limited to, actions to:
reduce backlogs and the length of the processing time;
establish interoperability of information systems; establish a
system for priority processing of appropriate applications,
such as those for individuals visiting at U.S. Government
invitation; and target dates for critical actions to be taken.
The plan should be submitted to the Committee within 60 days of
enactment of this Act.
Forced Child Labor.--The Committee provides funds to CBP
and ICE to enforce Section 307 of the Tariff Act of 1930 to
prohibit the importation of goods made with forced and
indentured child labor. The Committee requests BTS to submit a
report by December 15, 2004, on the number of investigations,
prosecutions, and other enforcement actions that have resulted
from the dedicated funding provided.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
Appropriations, 2004 \1\................................ $328,053,000
Budget estimate, 2005................................... 340,000,000
Committee recommendation................................ 340,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The United States Visitor and Immigrant Status Indicator
Technology 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.
COMMITTEE RECOMMENDATIONS
The Committee recommends $340,000,000, to be available
until expended, as requested, for the United States Visitor and
Immigrant Status Indicator Technology [US VISIT]. This
appropriation represents full funding of the base request for
the technology needs of the project. The US VISIT program
office has been given lead responsibility within the Department
of Homeland Security to work with the Federal Bureau of
Investigation [FBI] on the further integration of the IDENT
system and the FBI's Integrated Automated Fingerprint
Identification System [IAFIS]. The Committee expects the
resources for the IDENT/IAFIS integration project to be funded
from this account.
Biometric Integration.--As the Department moves forward
with constructing a new visa tracking system and enrolling
thousands of visitors to the United States into a new biometric
database, it is crucial that the Department of Homeland
Security take concomitant steps with the Department of Justice
[DOJ] to ensure that the growing US VISIT database is able to
retrieve, in real time, the existing biometric information
contained in the IAFIS database. Further, it is equally
essential for the FBI, and State and local law enforcement to
have the ability to retrieve the proper level of information
out of the IDENT/US VISIT database. The Committee directs the
Department of Homeland Security to submit a plan to the
Committee no later than February 8, 2005, that details the
specific steps it will take to fully integrate into the US
VISIT program the FBI's IAFIS database. The plan should
identify the sources and funds needed for the integration, as
well as a timetable for full integration.
A report issued March 2004 by the DOJ Inspector General
provides extensive and compelling details on the critical need
to integrate existing biometric databases. The Committee also
expects the Department to implement the recommendations of the
report and continues to encourage the Department to work
closely with the FBI on this effort.
CUSTOMS AND BORDER PROTECTION
SUMMARY
The Bureau of Customs and Border Protection [CBP] was
established by the Secretary of Homeland Security on January
30, 2003, under the statutory authority for reorganization
contained in the Homeland Security Act of 2002. CBP is
responsible for the enforcing of the 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 $6,082,587,000,
including direct appropriations of $5,008,587,000, and
estimated offsetting collections of $1,074,000,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 4,370,430 4,580,491 4,466,960
Automation modernization.............................. 438,520 449,909 449,909
Construction.......................................... 89,830 91,718 91,718
-----------------------------------------------------
Total, Appropriations............................... 4,898,780 5,122,118 5,008,587
-----------------------------------------------------
Estimated fee collections:
Immigration inspection user fees...................... 509,000 429,000 429,000
Enforcement fines..................................... 6,000 6,000 6,000
Land border inspection fees........................... 28,000 28,000 28,000
COBRA fees............................................ 302,000 318,000 318,000
APHIS inspection fees................................. 194,000 204,000 204,000
Puerto Rico Trust Fund................................ 87,200 89,000 89,000
-----------------------------------------------------
Estimated fee collections, total.................... 1,126,200 1,074,000 1,074,000
-----------------------------------------------------
Total, Available Funding............................ 6,024,980 6,196,118 6,082,587
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
SALARIES AND EXPENSES
Appropriations, 2004 \1\................................ $4,370,430,000
Budget estimate, 2005................................... 4,580,491,000
Committee recommendation................................ 4,466,960,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The Bureau of Customs and Border Protection [CBP] Salaries
and Expenses appropriation provides funds for border security,
immigration, customs, and agricultural inspections. In addition
to directly appropriated resources, offsetting 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 that
are to be reimbursed and the order in which these expenses are
to be reimbursed.
Animal and Plant Health Inspection Service [APHIS]
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, 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 Treasurers of Puerto Rico
pursuant to 48 U.S.C. sections 740 and 795.
COMMITTEE RECOMMENDATIONS
The Committee recommends $4,466,960,000 for salaries and
expenses of the Bureau of Customs and Border Protection [CBP]
for fiscal year 2005, including $3,000,000 from the Harbor
Maintenance Trust Fund. This includes a decrease of $859,000,
as requested in the budget. The Committee includes language in
the bill making available up to $150,000 for space for
preclearance operations; up to $5,000,000 available for
cooperative agreements with States and local governments; and
$1,000,000 for payments to informants. The Committee also
includes language in the bill placing a $30,000 annual limit on
overtime paid to any employee; placing a cap of not to exceed
$12,725,000 for activities to enforce laws against forced child
labor, of which $4,000,000 shall remain available until
expended. In addition, the Committee recommendation includes a
$23,000,000 reduction, reflecting the transfer of base funding
for operations of the Charleston training facility to the
Federal Law Enforcement Training Center; as well as a reduction
of $85,532,000, reflecting the redistribution of base resources
to the Bureau of Immigration and Customs Enforcement.
Customs-Trade Partnership Against Terrorism.--Included in
the amount recommended by the Committee is $37,828,000, an
increase of $15,215,000, as requested, for expansion of the
Customs-Trade Partnership Against Terrorism.
Container Security Initiative.--Included in the amount
recommended by the Committee is $126,096,000, an increase of
$25,000,000, as requested, for expansion of the Container
Security Initiative.
Systems for Targeting.--Included in the amount recommended
by the Committee is $37,493,000, an increase of $20,623,000 and
18 positions, as requested, for systems technology acquisition,
to be distributed as follows: automated targeting system/
passenger, $9,592,000; National Targeting Center, $3,132,000;
automated targeting system-inbound, $2,845,000; automated
targeting system-land border, $1,435,000; automated targeting
system-passenger/reservations monitoring, $2,450,000; and the
trend analysis and analytical selectivity program, $1,169,000.
Non-Intrusive Inspection Equipment/Radiation Detection.--
Included in the amount recommended is $115,159,000, a total
increase of $50,000,000 above the enacted level, as requested
in the budget, to purchase and deploy radiation detection
equipment. The Committee expects CBP to purchase equipment that
meets the standards set by the Science and Technology [S&T;]
Directorate and take advantage of the findings of detector
testbeds funded by S&T.;
Integrated Surveillance Information System.--The Committee
recommends $64,162,000, as requested, to expand and upgrade the
technology used in the Integrated Surveillance Information
System [ISIS]. The Committee supports the ISIS program--which
includes intelligent computer assisted detection, remote video
surveillance, and ground sensors--and the incorporation of the
latest technology into ISIS.
The Committee expects the Department to submit by December
15, 2004, a master plan for the nationwide deployment of the
ISIS program, to include a breakout by sector and installation
type, plans for redundancies and digital records, a timeline
for implementation, and a total cost estimate. In addition, an
analysis of the proper number of Law Enforcement Communication
Assistant positions should be included. After submission of the
master plan, semi-annual updates should be provided to the
Committee.
Unmanned Aerial Vehicles.--The Committee recommendation
does not include the requested increase for unmanned aerial
vehicles within CBP. This funding is provided within the amount
recommended for ``Air and Marine Interdiction, Operation,
Maintenance, and Procurement'' account.
Advanced Training Center.--Included in the amount
recommended by the Committee is an increase of $5,000,000 from
the fiscal year 2004 level to operate and equip the advanced
training center. The budget requests funding for the operation
of this center in the Federal Law Enforcement Training Center
``Salaries and Expenses'' account. The Committee expects this
to continue to be a CBP facility and that the Department not
use its reorganization authority to effectuate its transfer
elsewhere.
Pursuant to Public Law 106-246, the training to be
conducted at the facility shall be configured in a manner so
that it does not duplicate or displace any Federal law
enforcement program of the Federal Law Enforcement Training
Center. Training currently being conducted at a Federal Law
Enforcement Training Center shall not be moved to the new
training facility.
Anti-Dumping Enforcement.--The Committee has ensured that
within the amounts provided for this account, sufficient funds
are available to enforce the anti-dumping authority contained
in section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c).
The Committee directs CBP to submit a report to the
Committee by October 1, 2004, on the status of its
implementation of recommendations contained in the U.S.
Treasury Department Office of Inspector General report on
implementation of the Continued Dumping and Subsidy Offset Act
[CDSOA]. The report should address: (1) the proper
establishment of special accounts; (2) the need to pay
claimants within 60 days after the end of the fiscal year
(including the need to prepare and send checks in a timely
fashion, and to make certain that the addresses to which they
are sent are correct); (3) the need to address CBP's failure to
collect millions of dollars in unliquidated entries (including
the need for CBP to conduct timely liquidations upon receipt of
liquidation instructions from the Department of Commerce, and
for CBP not to liquidate in situations involving tardy notice
of suspension of liquidation); (4) the need to address CBP's
failure to collect millions of dollars in open (unpaid) duty
bills and interest (including a determination of whether
required posting of cash deposits rather than bonds would
result in increased collections); (5) the need to establish
standard operating procedures and adequate internal controls
for the proper management of the CDSOA program; and (6) the
progress and achievements of the CDSOA working group in
addressing systemic issues identified in the report, along with
any others relevant to proper administration of CDSOA.
In addition, the Committee is aware that CBP intends to
transfer administrative responsibility for the CDSOA program to
its Office of Finance. The Committee expects CBP to establish
an organization that is accessible and responsive and directs
CBP to include in the report a detailed description of which
offices have responsibility for external relations, litigation,
denials, verifications, and payments.
Further, the Committee directs CBP to work with the
Departments of Commerce and Treasury, and the Office of the
United States Trade Representative (and all other relevant
agencies) to complete a joint report to the Committee by
February 8, 2005, that provides a coordinated plan, including
legislative or regulatory changes proposed by CBP, if
necessary, to increase anti-dumping and countervailing duty
collections, particularly related to cases involving unfairly
traded Asian imports. The CBP Annual Report for fiscal year
2003 shows a failure to collect $130,402,706 in assessed
duties. The Committee directs CBP to break out the non-
collected amounts for each of fiscal years 2001, 2002, and
2003, by order and claimant, along with a description of each
of the specific reasons for the non-collection with respect to
each order.
Counterdrug Support Program.--The Committee notes that
National Guard personnel have provided critical intelligence,
reconnaissance, and inspection support to CBP as part of the
Counterdrug Support Program. The Department of Defense has
determined that National Guard personnel shall no longer
perform mail and cargo inspection duties under this program.
The Committee directs CBP to report no later than March 1,
2005, on the actions taken to make up for the loss of this
National Guard support, including the redeployment of
inspection personnel along the Nation's borders.
Vehicle Fleet Management.--The Committee is aware that CBP
is conducting a comprehensive review of its vehicle management
plan. The Committee strongly supports efforts to incorporate
the Border Patrol vehicle fleet into the CBP fleet management
plan. The Committee is concerned that the Border Patrol may be
facing a vehicle procurement and management crisis in the long
term and believes that properly equipping Border Patrol agents
and other CBP personnel is essential to protect our borders. In
order to assess the status of current vehicle management, the
Committee expects CBP to submit a detailed vehicle management
plan no later than February 8, 2005.
Agricultural Pests.--The Committee notes that 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 U.S. Department of Agriculture and
the Hawaii Department of Agriculture in sharing information and
expertise to ensure their respective inspection and quarantine
activities provide coordinated and collaborative bio-security
protection for the State.
Included in the amount recommended by the Committee is
continued funding at the fiscal year 2004 level for part-time
and temporary positions in the Honolulu, Hawaii, Customs
District.
The Committee requests CBP to study the feasibility of
allowing the National Guard to conduct inspections on behalf of
CBP (including agricultural) for all aircraft chartered by the
U.S. Armed Forces or the Department of Defense [DOD] with
respect to individuals who are members of the U.S. Armed
Forces, space-available passengers, retired members of the U.S.
Armed Forces, DOD personnel, employees of the U.S. Government,
or foreign military passengers, and to submit the findings to
the Committee by December 1, 2004.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
2004 enacted Fiscal year Committee
\1\ 2005 budget recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses:
Headquarters management and administration................. 1,364,975 1,347,346 1,261,815
Border security inspections and trade facilitation at ports
of entry:
Inspections, trade & travel facilitation at ports of 1,240,223 1,255,900 1,255,900
entry.................................................
Harbor maintenance fee collection (trust fund)......... 2,823 3,000 3,000
Container security initiative.......................... 61,390 126,096 126,096
Other international programs........................... 56,000 58,300 58,300
Customs-trade partnership against terrorism/free and 17,894 41,705 41,705
secure trade..........................................
Inspection & detection technology investments.......... 140,225 115,159 115,159
Systems for targeting.................................. 12,300 29,791 29,791
National targeting center.............................. 16,000 19,132 19,132
Training............................................... 18,100 18,300 23,300
------------------------------------------------
Subtotal, border security inspections and trade 1,564,955 1,667,383 1,672,383
facilitation at ports of entry......................
------------------------------------------------
Border security and control between ports of entry:
Border security and control between ports of entry..... 1,339,400 1,413,800 1,413,800
Air program operations and maintenance................. 36,700 37,300 37,300
Unmanned aerial vehicles............................... .............. 10,000 ...............
Integrated surveillance and intelligence system........ 23,900 64,162 64,162
Training............................................... 40,500 40,500 17,500
------------------------------------------------
Subtotal, border security and control between ports 1,440,500 1,565,762 1,532,762
of entry............................................
------------------------------------------------
Total, Salaries and expenses......................... 4,370,430 4,580,491 4,466,960
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
AUTOMATION MODERNIZATION
Appropriations, 2004 \1\................................ $438,520,000
Budget estimate, 2005................................... 449,909,000
Committee recommendation................................ 449,909,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The automation modernization account includes funds for
major information technology systems and services for the
Bureau of Customs and Border Protection, including the
Automated Commercial Environment and the International Trade
and Data System projects, and connectivity of and integration
of existing systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends $449,909,000, to be available
until expended, as requested, for automation modernization.
This amount includes an increase of $6,390,000 for inflationary
adjustments.
International Trade Data Systems.--Included in the amount
recommended is $16,900,000, an increase of $5,000,000, as
requested, for the international trade data systems. The
Committee supports CBP's strategy to implement an integrated,
government-wide system for the electronic collection, use, and
dissemination of the international trade transaction data
required by the various trade-related Federal agencies.
Expenditure Plan.--Of the funds recommended, not less than
$321,690,000 is available for the development of the Automated
Commercial Environment [ACE]. As requested, this funding is
available for ACE only upon the submission of a comprehensive
plan from the Secretary of Homeland Security for the ACE
program that: (1) meets the capital planning and investment
control review requirements established by the Office of
Management and Budget [OMB], including OMB Circular A-11, part
3; (2) complies with acquisition rules, requirements,
guidelines, and systems acquisition management practices; (3)
is reviewed by the General Accounting Office; and (4) has been
approved by the Committees on Appropriations of the Senate and
the House of Representatives.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Automated Commercial Environment.......................... 316,810 321,690 321,690
Legacy information technology/automated commercial systems 121,710 128,219 128,219
-----------------------------------------------------
Total, Automation modernization..................... 438,520 449,909 449,909
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
CONSTRUCTION
Appropriations, 2004 \1\................................ $89,830,000
Budget estimate, 2005................................... 91,718,000
Committee recommendation................................ 91,718,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
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 $91,718,000 for construction
activities of the Bureau of Customs and Border Protection, to
be available until expended, as requested. This includes an
increase of $1,888,000 for inflationary adjustments.
The Committee directs the Department to submit a detailed
spending plan for the fiscal year 2005 construction account
which includes, but should not be limited to, the following
information for each project: explanation of the purpose of
work, total estimated project cost, amount of funding provided
by fiscal year, and a detailed cost breakout for construction,
design, planning, project management; and date each phase of
the project began or is scheduled to begin and is to be
completed.
The Committee expects the Department to continue to work
with the General Services Administration on its nationwide
strategy to prioritize and address the infrastructure needs at
the land border ports-of-entry and to comply with the
requirements of the Public Buildings Act of 1959 to seek
necessary funding.
IMMIGRATION AND CUSTOMS ENFORCEMENT
SUMMARY
The Bureau of Immigration and Customs Enforcement [ICE] was
established by the Secretary of Homeland Security on January
30, 2003, under the statutory authority for reorganization
contained in the Homeland Security Act of 2002.
ICE is responsible for enforcing immigration and customs
laws, detaining and removing deportable or inadmissible aliens,
protecting the air transportation system against attack, and
providing security of Federal buildings and property.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $3,660,032,000,
including direct appropriations of $3,409,657,000 and estimated
offsetting collections of $250,375,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
IMMIGRATION AND CUSTOMS SERVICE--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses............................... 2,084,358 \2\ 2,370,906 \3\ 2,413,438
Federal Air Marshals................................ 622,704 \4\ 612,900 \4\ 662,900
Federal Protective Service.......................... 424,211 \5\ (478,000) \5\ (478,000)
Automation modernization............................ 39,764 39,605 39,605
Air and Marine Interdiction, operation, maintenance 208,960 257,535 267,535
and procurement....................................
Construction........................................ 26,617 26,179 26,179
-------------------------------------------------------
Total, Appropriations............................. 3,460,614 3,307,125 3,409,657
-------------------------------------------------------
Estimated Fee Collections:
Immigration inspection user fees.................... 107,000 90,000 90,000
Immigration examinations fees....................... 25,000 ................. 25,000
Student and exchange visitor program fees........... 25,000 65,375 65,375
Immigration breached bond/detention fund............ 116,000 70,000 70,000
-------------------------------------------------------
Total, Estimated fee collections................ 273,000 225,375 250,375
=======================================================
Total, available funding........................ 3,679,614 3,532,500 3,660,032
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Includes $5,000,000 for the proposed transfer from the U.S. Secret Service of grant funding for the National
Center for Missing and Exploited Children to become part of Operation Predator.
\3\ Includes $5,000,000 grant to the National Center for Missing and Exploited Children.
\4\ Reflects a $10,000,000 transfer to the Science and Technology Directorate of research and development funds.
\5\ The Federal Protective Service is fully funded through offsetting collections paid by General Services
Administration tenants and directly credited to this appropriation.
SALARIES AND EXPENSES
Appropriations, 2004 \1\................................ $2,084,358,000
Budget estimate, 2005 \2\............................... 2,370,906,000
Committee recommendation \3\............................ 2,413,438,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Includes $5,000,000 for the proposed transfer from the U.S. Secret
Service of grant funding for the National Center for Missing and
Exploited Children to become part of Operation Predator.
\3\ Includes $5,000,000 grant to the National Center for Missing and
Exploited Children.
The Bureau of Immigration and Customs Enforcement [ICE]
Salaries and Expenses account provides funds for the
enforcement of immigration and customs laws, intelligence,
detention and removals, and the air and marine interdiction
program. 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).
Immigration Examinations Fees.--ICE derives funds from fees
paid by persons applying for immigration benefits to support
the cost of investigative and intelligence activities in
connection with adjudication of applications, 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 $2,413,438,000, for salaries and
expenses of the Bureau of Immigration and Customs Enforcement
[ICE] for fiscal year 2005. This includes an increase of
$41,331,000 for pay and other inflationary adjustments. The
Committee expects that not less than $102,000 of the total
appropriations recommended will be for promotion of public
awareness of the child pornography tipline, and not less than
$203,000 shall be for Project Alert.
The Committee includes language in the bill placing a
$30,000 limit on overtime paid to any employee; making up to
$5,000,000 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; and making available
until expended up to $2,000,000 of the funds provided for
activities to enforce laws against forced child labor.
The Committee also includes bill language making available
$5,000,000 for a grant to the National Center for Missing and
Exploited Children. This grant was funded in fiscal year 2004
under the United States Secret Service ``Salaries and
Expenses'' account.
In addition, the Committee's recommendation includes an
increase of $85,532,000 to reflect a higher level of
administrative expenses within ICE as a result of the
realignment of base resources between the Bureau of Customs and
Border Protection and ICE. A reduction of $5,000,000 has been
applied to ICE to reflect a transfer of funds to the Under
Secretary of Management for the collection of immigration
statistics.
Compliance Teams.--Included in the amount recommended by
the Committee is $26,500,000, an increase of $16,000,000 and 65
positions, as requested, to expand the compliance enforcement
program. This program is responsible for overseeing immigration
enforcement efforts under the Student Exchange and Visitor
Program and US VISIT.
Benefit Fraud Investigations.--The Committee does not
recommend the requested appropriations to shift benefit fraud
investigations from a fee-funded activity. The Committee
believes that this function is properly funded from within the
Immigration Examinations Fee account.
Guest Worker/Worksite Enforcement.--The Committee does not
recommend the requested funding increase for the worksite
enforcement initiative. This request is premature until the
required authorizing legislation is passed by the Congress and
signed into law and the program is actively being developed.
International Affairs.--Included in the amount recommended
by the Committee is $14,000,000 and 90 positions, as requested,
for the visa security units.
Guantanamo Migrant Operations Center.--The Committee
recommends $6,216,000, as requested, to allow ICE to take over
the operations of the Guantanamo Migrant Operations Center from
the U.S. Navy.
Detention Beds in Support of Other Programs.--Included in
the amount recommended by the Committee is $487,721,000, an
increase of $10,000,000 and 14 positions, to expand the number
of detention beds available to support the other programs of
ICE and the Department.
Alternatives to Detention.--Included in the amount
recommended by the Committee is $14,202,000, an increase of
$11,000,000 and 30 positions, as requested, to expand the
alternatives to detention program.
Institutional Removal Program.--Included in the amount
recommended by the Committee is $33,413,000, an increase of
$30,000,000 and 140 positions, as requested, to provide for the
transfer of the responsibility of the Institutional Removal
Program from the Investigations Program to the Detention and
Removals Program.
Fugitive Operations.--Included in the amount recommended by
the Committee is an increase of $50,000,000 and 118 positions,
as requested, to expand the number of fugitive operations
teams, to be distributed as follows: personnel, $24,800,000;
bed space, $14,700,000; and removals, $10,500,000.
Immigration Legal Workload.--Included in the amount
recommended by the Committee is $32,718,000, an increase of
$6,000,000 and 40 positions, as requested, to enhance legal
staffing to address the growing immigration workload.
Cyber Crime Center.--The Committee provides $5,000,000 to
establish a new regional Cyber Crime Center to keep pace with
workload increases. This center is to be located in an existing
DHS/ICE office.
Detention and Removals Reporting.--The Committee is
concerned that an inadequate level of information has been
provided to judge the results of increased spending within the
Detention and Removals program. The Committee requests 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.
New Orleans District Staffing.--The Committee is concerned
about reports of inadequate staffing for detention and removals
within the New Orleans District and requests ICE to review the
staffing needs of this District and to advise the Committee of
its findings.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters management and administration:
Personnel compensation and benefits, other services... 31,395 45,676 46,676
Information technology................................ 118,224 120,119 129,119
Investigations:
Operations............................................ 849,955 947,347 963,879
Training programs..................................... 10,536 15,671 15,671
Intelligence:
Headquarters reporting center......................... 4,810 4,882 4,882
Operations............................................ 50,374 51,130 55,130
Detention and removals operations:
Custody management.................................... 456,056 482,721 487,721
Case management....................................... 182,052 192,269 192,269
Fugitive operations................................... 16,869 35,242 35,242
Institutional removal program......................... 6,561 33,719 33,719
Alternatives to detention............................. 3,000 14,202 14,202
Transportation removal program........................ 294,694 311,492 311,492
Air and Marine Operations................................. 113,832 116,436 123,436
Rescission................................................ -54,000 ................ ................
-----------------------------------------------------
Total, Salaries and Expenses........................ 2,084,358 2,370,906 2,413,438
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Immigration Examinations Fee.--The Committee includes an
estimate of $25,000,000 within ICE to fund the investigations
and intelligence needs for Bureau of Citizenship and
Immigration Services [CIS]. The Committee does not support the
budget request to provide ICE with appropriated dollars for
benefit fraud investigations. Investigative and intelligence
activities directly in support of CIS responsibilities are an
appropriate expense of the examinations fee account. However,
the Committee believes that ICE does not adequately provide a
detailed accounting of its examinations fee account spending to
CIS. It is reasonable for CIS, as the client, to expect that
ICE will put into place an adequate system to track
investigative time spent on CIS-related cases, and provide that
information to CIS in support of the annual bill for services
rendered.
FEDERAL AIR MARSHALS
Appropriations, 2004 \1\................................ $622,704,000
Budget estimate, 2005 \2\............................... 612,900,000
Committee recommendation \2\............................ 662,900,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Transfers $10,000,000 to the Science and Technology Directorate
``Research, Development, Acquisition and Operations'' account.
The Federal Air Marshals [FAMs] were transferred to the
Bureau of Immigration and Customs Enforcement on November 2,
2003, under the statutory authority for reorganization
contained in the Homeland Security Act of 2002. The FAMs are
responsible for protecting the air transportation system
against terrorist threats, sabotage, and other acts of
violence. The FAMs account provides funds for the salaries,
benefits, travel, training, and other expenses of the program.
COMMITTEE RECOMMENDATIONS
The Committee recommends $662,900,000, for salaries and
expenses of the Federal Air Marshals for fiscal year 2005.
The Committee has provided an increase of $50,000,000 from
the level requested for pay and other inflationary adjustments.
The Committee transfers $10,000,000 to the Science and
Technology Directorate for air-to-ground communications
research and development, as proposed in the budget.
The Committee believes that, to the greatest extent
practicable, FAMs should be able to remain inconspicuous to
fellow air passengers in order to perform their mission. In
order to expedite the solution to this problem, the FAMs are
authorized to enter the secured areas of airports to gain
access to aircraft in the performance of their official duties.
The credential and badge approved by the Secretary of Homeland
Security that are issued to the FAMs for identification
purposes shall be recognized by the Federal Aviation
Administration, the Transportation Security Administration, and
the controlling airport authority for entering secured areas of
airports and for accessing aircraft.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
FEDERAL AIR MARSHALS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Management and administration............................. 545,204 545,500 595,500
Travel and training....................................... 67,500 67,400 67,400
Air-to-ground communications.............................. 10,000 ( \2\ ) ( \2\ )
-----------------------------------------------------
Total, Federal Air Marshals......................... 622,704 612,900 662,900
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Transfers $10,000,000 to the Science and Technology Directorate ``Research, Development, Acquisition and
Operations'' account.
FEDERAL PROTECTIVE SERVICE
Appropriations, 2004 \1\................................ $424,211,000
Budget estimate, 2005 \2\............................... 478,000,000
Committee recommendation \2\............................ 478,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Fully funded by offsetting collections paid by General Services
Administration tenants and credited directly to this appropriation.
The Federal Protective Service [FPS] was established by
administrative order on January 11, 1971. Pursuant to the
Homeland Security Act of 2002, FPS was transferred to the
Department of Homeland Security on March 3, 2003, and
incorporated into the Bureau of Immigration and Customs
Enforcement. 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.
COMMITTEE RECOMMENDATIONS
The Committee recommends $478,000,000 for salaries and
expenses of the Federal Protective Service for fiscal year
2005; this amount is fully offset by collections. This is the
same as the budget request and includes an increase of
$53,789,000 for pay and other inflationary adjustments.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget \2\ recommendations \2\
----------------------------------------------------------------------------------------------------------------
Basic security......................................... 89,057 106,362 106,362
Building specific security............................. 335,154 371,638 371,638
--------------------------------------------------------
Total, Federal Protective Service................ 424,211 478,000 478,000
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Fully funded by offsetting collections paid by General Services Administration tenants and credited directly
to this appropriation.
AUTOMATION MODERNIZATION
Appropriations, 2004 \1\................................ $39,764,000
Budget estimate, 2005................................... 39,605,000
Committee recommendation................................ 39,605,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The Automation Modernization account provides funds for
major information technology projects for the Bureau of
Immigration and Customs Enforcement.
COMMITTEE RECOMMENDATIONS
The Committee recommends $39,605,000 for the Automation
Modernization account for fiscal year 2005, to be available
until expended, as requested in the budget.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
Appropriations, 2004 \1\................................ $208,960,000
Budget estimate, 2005................................... 257,535,000
Committee recommendation................................ 267,535,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The Bureau of Immigration and Customs Enforcement [ICE] Air
and Marine Operations [AMO] identifies, deters, interdicts, and
investigates acts of terrorism and smuggling arising from
unlawful movement of people and goods into and out of the
United States. AMO conducts missions along the southern borders
of the United States, Mexico, South America and the Caribbean.
Since September 11, 2001, AMO has established a presence along
the northern border and the National Capitol Region of
Washington, DC. This account funds the capital procurement and
total operations and maintenance costs of the ICE air and
marine program and provides support to other Federal, State,
and local agencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $267,535,000 for air and marine
interdiction, operations, maintenance, and procurement, to be
available until expended. Included in this amount is $8,075,000
for inflationary adjustments.
Long-Range Radar.--The Committee provides $12,500,000, as
requested, to enable the Air and Marine Operations [AMO]
program to fund its portion of the cost of the long-range radar
program operated by the Federal Aviation Administration.
P-3 Flight Hours.--Included in the amount recommended by
the Committee is $69,400,000, an increase of $28,000,000, as
requested, to increase the number of flight hours of P-3
aircraft.
Unmanned Aerial Vehicles.--The Committee provides
$10,000,000 to initiate development, procurement, deployment,
and operation of a system of unmanned aerial vehicles to
support ICE and other components of the Department. This
funding was requested in the budget under the Bureau of Customs
and Border Protection [CBP] ``Salaries and Expenses'' account.
AMO, as the lead agency, should work closely with CBP and the
United States Coast Guard on the development of this program.
Northern Border Resources.--Included in the amount
recommended by the Committee is $48,000,000, for the Northern
border air resources. The Committee directs that $12,800,000,
reflecting one-time costs funded for fiscal year 2004 recurred
in the base, be made available for the acquisition of
additional aircraft to enhance Northern border air coverage.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Operations and maintenance................................ 158,760 196,535 199,535
Procurement............................................... 50,200 61,000 68,000
-----------------------------------------------------
Total, Air and Marine Operations.................... 208,960 257,535 267,535
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
CONSTRUCTION
Appropriations, 2004 \1\................................ $26,617,000
Budget estimate, 2005................................... 26,179,000
Committee recommendation................................ 26,179,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, detention, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $26,179,000, to be available until
expended, for activities of the Bureau of Immigration and
Customs Enforcement construction account. This is the full
amount requested in the budget, including $438,000 in cost
savings.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
CONSTRUCTION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
2004 enacted Fiscal year Committee
\1\ 2005 budget recommendations
----------------------------------------------------------------------------------------------------------------
Krome, FL, Service Processing Center........................... 2,500 .............. ...............
Aquadilla, PR, Service Processing Center....................... 4,700 .............. ...............
El Centro, CA, Service Processing Center....................... 6,150 .............. ...............
Guantanamo Migrant Operations Center........................... 6,000 .............. ...............
Port Isabel, TX, 200-bed secure dorm........................... 1,650 6,600 6,600
Batavia, NY, 200-bed secure dorm............................... .............. 15,000 15,000
Facility repair and alterations................................ 5,617 4,579 4,579
------------------------------------------------
Total, Construction...................................... 26,617 26,179 26,179
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Transportation Security Administration
The Transportation Security Administration [TSA] was
established within the Department of Transportation [DOT] on
November 19, 2001, with the enactment of Public Law 107-71, the
Aviation and Transportation Security Act [ATSA]. ATSA
identified a series of objectives and authorities under which
TSA would improve security across all modes of transportation
for the American public, and for the first time, made overall
aviation security a direct Federal responsibility. Public Law
107-296, the Homeland Security Act of 2002, transferred TSA
from DOT to the Department of Homeland Security. 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; maritime
and land security; intelligence; research and development; and
administration.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$5,226,935,000 for activities of the Transportation Security
Administration for fiscal year 2005.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
TRANSPORTATION SECURITY ADMINISTRATION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Aviation Security......................................... 3,724,112 4,238,164 4,386,083
Maritime and Land \2\..................................... 261,449 29,000 111,000
Intelligence.............................................. 13,520 14,000 14,000
Research and Development.................................. 154,285 154,000 181,000
Administration............................................ 424,679 539,852 534,852
-----------------------------------------------------
Total, Appropriations............................... 4,578,045 4,975,016 5,226,935
=====================================================
Offsetting collections.................................... 2,070,000 2,223,000 1,890,000
-----------------------------------------------------
Total, Transportation Security Administration....... 2,508,045 2,752,016 3,336,935
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Excludes funds for grant programs transferred to the Office of State and Local Government Preparedness and
Coordination under the reorganization proposal submitted pursuant to Section 872 of Public Law 107-296.
AVIATION SECURITY
Appropriations, 2004 \1\................................ $3,724,112,000
Budget estimate, 2005................................... 4,238,164,000
Committee recommendation................................ 4,386,083,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The Transportation Security Administration aviation
security account provides for Federal aviation security by
employing the most efficient 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, deployment of the most current explosive
detection technology, and creation of a model workplace.
The aviation security activities include funding for
Federal and private contract passenger and baggage screeners,
including personnel compensation and benefits, training, and
human resource services; passenger checkpoint support; air
cargo security; procurement and maintenance of explosive
detection systems; and checkpoint support.
COMMITTEE RECOMMENDATIONS
The Committee recommends $4,386,083,000 for aviation
security. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
AVIATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Passenger screening....................................... 1,801,764 2,026,814 2,076,733
Baggage screening......................................... 1,315,666 1,377,460 1,437,460
Airport security direction and enforcement................ 701,682 833,890 871,890
Use of prior year balances................................ -95,000 ................ ................
-----------------------------------------------------
Total, Aviation Security............................ 3,724,112 4,238,164 4,386,083
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Pursuant to Section 118 of Public Law 107-71, the Aviation
and Transportation Security Act, fees are collected by TSA for
security previously incurred by the air carriers and now
conducted by the Federal Government. The President's budget for
fiscal year 2005 assumes that TSA will collect $750,000,000 in
air carrier fees which will be available to directly offset TSA
appropriations requirements. The budget includes a legislative
proposal to ensure collection of this amount, given the current
$400,000,000 gap between fee estimates and actual fee
collections. The Committee has included language in the bill
requiring the General Accounting Office to conduct audits of
air carriers' actual security costs for passenger and property
screening incurred in calendar year 2000. The air carriers have
expressed to the Committee their willingness to fully comply
and cooperate with audit activities to resolve this issue. If
the audits conclude that additional fees are owed to TSA by the
air carriers, the Secretary shall undertake all available steps
to collect these amounts. The Committee makes any additional
fee collections available for security modifications, including
Letters of Intent [LOIs], at commercial airports.
PASSENGER SCREENING
The Committee recommends $2,076,733,000 for passenger
screening activities. The following table summarizes the
Committee's recommendations as compared to the fiscal year 2004
and budget request levels:
PASSENGER SCREENING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Contract screening airports............................... 118,726 129,654 129,654
Passenger screeners....................................... 1,316,564 1,445,486 1,445,486
Passenger screeners, training, and other.................. 113,838 140,614 140,614
Human resource services................................... 150,871 150,000 150,000
Checkpoint support........................................ 61,857 86,060 161,060
Computer Assisted Passenger Pre-screening System (CAPPS 34,919 60,000 34,919
II)......................................................
Registered traveler....................................... 4,989 15,000 15,000
-----------------------------------------------------
Total, Passenger Screening.......................... 1,801,764 2,026,814 2,076,733
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Contract Screening Airports.--The Committee recommends
$129,654,000 for contract screening airports for fiscal year
2005. This amount is $10,928,000 more than the fiscal year 2004
level and the same as the budget request.
The budget request and recommendation for funding is based
on an estimate of resources necessary to maintain the current
five pilot airports and does not take into account airports
that may opt for private contract screening in lieu of Federal
screening. The Committee encourages TSA to expedite the
application, review, and award process for airports applying to
opt out of using Federal screeners. In the event that
additional airports beyond the five pilot airports currently
budgeted for are awarded the ability to utilize a private
screener workforce, the Committee expects TSA to adhere to the
requirements for the reprogramming of funds pursuant to section
502 of this Act.
Passenger Screeners.--The Committee recommends
$1,445,486,000 for passenger screener workforce personnel
compensation and benefits. This amount is $128,922,000 more
than the fiscal year 2004 level and the same as the budget
request.
Checkpoint Support.--The Committee recommends $161,060,000,
$99,203,000 more than the fiscal year 2004 level and
$75,000,000 more than the budget request, for passenger
checkpoint support for reconfiguration; purchase, installation,
and maintenance of checkpoint equipment; and electronic
surveillance of checkpoints. The increase provided above the
budget request is made available for the procurement of new
checkpoint technologies currently being tested to detect
explosives and chemical weapons in the screening of passengers.
The Committee is aware of TSA's efforts to screen
passengers' checked baggage by means of explosive detection
systems, explosive trace detection, and canine units; however,
current deficiencies of screening passengers and their carry-on
baggage for explosives continues to warrant concern. No later
than July 1, 2005, a detailed report shall be provided to the
Committee on TSA's current pilot program to screen passengers
and carry-on baggage for explosives, including implementation
costs and schedules for purchase, installation, and maintenance
of new technologies.
The Committee is concerned that passenger security wait
times at airport checkpoints have continued to increase as TSA
attempts to maintain adequate staffing of screener personnel as
passenger traffic increases. To inform the public of wait times
at airports, the Committee encourages TSA to publish monthly
high, low and average wait times for the Nation's major
airports on its web site beginning in November 2004, and to
inform the Committee if this information will not be available
by this time.
Computer Assisted Passenger Pre-screening System.--The
Committee recommends $34,919,000 for the second generation
Computer Assisted Passenger Pre-screening System [CAPPS II].
This amount is the same as the fiscal year 2004 level and
$25,081,000 less than the budget request. The Committee is
supportive of the development of CAPPS II to provide an
additional layer of aviation security as directed by Public Law
107-71, the Aviation and Transportation Security Act. However,
delays in obtaining Passenger Name Record data from air
carriers needed for testing have postponed the initial
operating capability of the system and, as a consequence,
delayed the obligation and expenditure of available funds. The
amount recommended by the Committee, together with available
carryover balances, will be sufficient to meet fiscal year 2005
program funding requirements. The Committee encourages TSA to
commence rulemaking proceedings, and, if needed, issue a
security directive at the earliest possible date to require air
carriers to release Passenger Name Record data for testing.
BAGGAGE SCREENING
The Committee recommends $1,437,460,000 for baggage
screening activities. The following table summarizes the
Committee's recommendations as compared to the fiscal year 2004
and budget request levels:
BAGGAGE SCREENING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Baggage screeners......................................... 772,419 848,860 848,860
Baggage screener training................................. 69,340 203,660 203,660
Explosive detection system [EDS]/explosive trace detection 149,655 150,000 210,000
[ETD] procurement........................................
EDS/ETD installation/airport security modifications, 249,425 ( \2\ ) ( \2\ )
Letters of Intent [LOIs].................................
EDS/ETD maintenance....................................... 74,827 174,940 174,940
-----------------------------------------------------
Total, Baggage Screening............................ 1,315,666 1,377,460 1,437,460
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ The budget assumes $250,000,000 in direct funding fee collections pursuant to Section 605 of Public Law 108-
176.
Baggage Screeners.--The Committee recommends $848,860,000
for baggage screener workforce personnel compensation and
benefits. This amount is $76,441,000 more than the fiscal year
2004 level and the same as the budget request.
Explosive Detection Systems [EDS]/Explosive Trace Detection
[ETD] Procurement.--The Committee recommends $210,000,000,
$60,345,000 more than the fiscal year 2004 level and
$60,000,000 more than the budget request, for the procurement
of explosive detection systems and explosive trace detection
machines. The increase will provide for the procurement of next
generation in-line explosive detection system technologies made
available for deployment that are currently being tested,
certified, and piloted.
Airport Security Modifications.--The Aviation Security
Capital Fund authorized by Public Law 108-176, the Vision 100-
Century of Aviation Reauthorization Act, makes $250,000,000
available for fiscal year 2005 from fee collections to enter
into Letters of Intent [LOIs] with airports for the
installation of explosive detection systems.
The Committee believes that a strong commitment to LOIs to
install explosive detection systems in an in-line system is an
important component in improving passenger security. Security
improvements will maximize the efficiency of operations to help
minimize lobby congestion, decrease passenger-processing time,
and allow for reduced screening personnel.
AIRPORT SECURITY DIRECTION AND ENFORCEMENT
The Committee recommends $871,890,000 for airport security
direction and enforcement. The following table summarizes the
Committee's recommendations as compared to the fiscal year 2004
and budget request levels:
AIRPORT SECURITY DIRECTION AND ENFORCEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Aviation regulation and other enforcement............... 274,766 227,000 227,000
Airport mangagement & staff............................. 233,262 284,000 284,000
Airport information technology and other support........ 138,780 267,890 292,890
Federal Flight Deck Officer program..................... 24,943 25,000 25,000
Air cargo security...................................... 29,931 30,000 43,000
Flight school background checks \2\..................... ................ \3\ (4,600) \3\ (4,600)
-------------------------------------------------------
Total, Airport Security Direction and Enforcement. 701,682 833,890 871,890
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Transferred from the Department of Justice to the Department of Homeland Security pursuant to Section 612 of
Public Law 108-176.
\3\ Fully funded by offsetting fee collections.
Aviation Regulation and Other Enforcement.--The Committee
recommends $227,000,000 for State and local reimbursement
agreements for local law enforcement officers. The
recommendation reflects flexibility provided for law
enforcement personnel in airports by Public Law 108-7.
Airport Information Technology and Support.--The Committee
recommends $292,890,000, $154,110,000 more than the fiscal year
2004 level and $25,000,000 more than the budget request, to
establish adequate information technology connectivity with all
airports across the Nation, including Federal Security Director
offices and passenger and baggage screener checkpoints, to
increase screener performance and enhanced security.
Federal Flight Deck Officer Program.--The Committee
recommends $25,000,000, $57,000 more than the fiscal year 2004
level and the same as the budget request, to support
continuation of Federal Flight Deck Officer training of
passenger and air cargo pilots to act as the last line of
defense against a terrorist attack on an aircraft.
The Committee is encouraged by TSA's efforts to increase
the number of volunteer pilots that are trained as Federal
Flight Deck Officers [FFDO]. The Committee understands that TSA
has implemented a highly effective training program, in
conjunction with the Federal Law Enforcement Training Center
[FLETC], and has also taken steps to provide for
requalification training at FLETC and at local facilities
throughout the country. The Committee encourages TSA to
continue to use FLETC facilities, when available, to conduct
this training. The Committee directs TSA to assess the
cooperation by the air carriers and pilots, in scheduling
training for new FFDO candidates so that all pilots who wish to
be trained, and qualify, can do so easily.
Air Cargo Security.--The Committee recommends $43,000,000,
$13,069,000 more than the fiscal year 2004 level and
$13,000,000 more than the budget request, for air cargo
security activities. Additional funding is provided for
developing technologies to secure air cargo in the ``Research
and Development'' account.
The Committee is aware of the commitment of TSA to secure
cargo transported on passenger and cargo planes. TSA will work
with industry and other Federal agencies to ensure the
inspection of 100 percent of high-risk air cargo. The Committee
recommends continued funding for the maintenance of the
automated ``known shipper'' database currently being deployed
to centralize data submitted by indirect air carriers [IACs]
and shippers to provide the ability to immediately verify the
status of a specific shipper and to enhance the ability to
determine high-risk air cargo deemed necessary for screening.
With the funds made available, TSA is encouraged to
continue coordination of the Bureau of Customs and Border
Protection [CBP] Customs-Trade Partnership Against Terrorism
with the ``known shipper'' program to develop a domestic air
cargo targeting capability that will promote supply chain
security.
The Committee is encouraged by TSA's initiative to develop
a cargo prescreening system in coordination with CBP and
industry that will utilize the ``known shipper'' database, IAC
databases, and terrorist watch lists. Until the cargo
prescreening system is operational, the Committee encourages
increased random screening inspections of air cargo transported
on passenger and all-cargo air carriers.
Of the increase provided in fiscal year 2005 for air cargo
security, $10,000,000 is provided for the hiring of 100
regulatory inspectors to ensure industry compliance with
current and future air cargo security requirements. This will
complement the 100 regulatory inspectors hired in fiscal year
2004 as part of the first phase of a multi-year plan to provide
increased inspection and enforcement regulatory oversight. The
Committee provides an increase of $3,000,000 from the budget
request for the expansion of the explosives detection canine
teams to assist in screening air cargo on passenger and all-
cargo aircraft.
The Committee also encourages TSA to expedite the Notice of
Proposed Rulemaking to strengthen security requirements for
indirect air carriers and to enhance TSA's ability to take
enforcement actions against non-compliant IAC.
Flight School Background Checks.--The Alien Pilot Security
Assessment Program was transferred to the Department of
Homeland Security from the Department of Justice pursuant to
Section 612 of Public Law 108-176 and provides authority to
assess a fee to conduct background checks on aliens and other
individuals determined by the Secretary to present a risk to
aviation or national security. The budget assumes $4,600,000 in
fee collections for fiscal year 2005.
General Aviation.--The Committee expects TSA to continue
funding of the toll-free number 1-866-GA-Secure to reinforce
security at the Nation's 5,400 public use general aviation
airports.
MARITIME AND LAND SECURITY
Appropriations, 2004 \1\................................ $261,449,000
Budget estimate, 2005 \2\............................... 29,000,000
Committee recommendation................................ 44,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Excludes funds for grant programs transferred to the Office of State
and Local Government Preparedness and Coordination under the
reorganization proposal submitted pursuant to Section 872 of Public Law
107-296.
Maritime and land security provides oversight of non-
aviation transportation modes, including rail, highway, mass
transit, cruise ship and ferries, by issuing regulations and
executing security standards established through collaborative
efforts between TSA and other relevant Federal, State and local
transportation agencies.
The maritime and land security account provides funding for
personnel and operational resources to assess the risk of a
terrorist attack on non-aviation modes and the need for
standards and procedures to address those risks, and to ensure
compliance with established regulations and policies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $44,000,000 for maritime and land
security. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
MARITIME AND LAND SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Port security grants...................................... 124,263 ( \2\ ) ( \2\ )
Transportation worker identification credentialing [TWIC]. 49,705 55,000 55,000
Intercity bus security grants............................. 9,941 ( \2\ ) ( \2\ )
Operation Safe Commerce................................... 16,900 ( \2\ ) ( \2\ )
Trucking industry security grants......................... 21,870 ( \2\ ) ( \2\ )
Rail security............................................. ................ ................ 15,000
Hazardous materials driver license endorsement program.... 6,959 17,000 17,000
Nuclear detection and monitoring.......................... 3,976 ................ ................
Staffing.................................................. 27,835 24,000 24,000
Credentialing fee activities.............................. ................ -67,000 -67,000
-----------------------------------------------------
Total, Maritime and Land Security................... 261,449 29,000 44,000
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Included under the Office of State and Local Government Coordination and Preparedness.
Grant Program Consolidation.--The Secretary provided
congressional notification on January 26, 2004, pursuant to
Section 872 of Public Law 107-296, of a reorganization to
consolidate organizational units within the Department of
Homeland Security, including select grant award functions of
TSA to be consolidated within the Office of State and Local
Government Coordination and Preparedness [SLGCP]. The
reorganization of TSA maritime and land security programs from
TSA to SLGCP includes port security grants, intercity bus
security grants, Operation Safe Commerce, and trucking industry
security grants. Despite this consolidation of selected grant
award functions, TSA will retain operational subject matter
expertise and be fully engaged in the administration of these
programs in cooperation with the SLGCP.
Rail Security.--The Committee recommends $15,000,000 for
the safety and security of the Nation's railways.
Of the total amount provided, $10,000,000 is for the
deployment of 100 Federal compliance inspectors for mass
transit and passenger rail to conduct on-site inspections of
transit and passenger rail systems to ensure compliance with
minimum standards and recently issued security directives and
to identify coverage gaps. The Committee expects TSA Federal
compliance inspectors to leverage existing TSA, Federal
Railroad Administration, and Federal Transit Authority
resources. The Committee also provides $5,000,000 for the
deployment of canine explosives detection teams. Additional
funding for rail security is provided under SLGCP, the Science
and Technology Directorate, and the Information Analysis and
Infrastructure Protection Directorate.
Transportation Worker Identification Credential.--The
Committee recommends $55,000,000 for the Transportation Worker
Identification Credential [TWIC], as requested in the budget.
The funds provided for fiscal year 2005 are provided to make
the necessary infrastructure investment and implement the TWIC
for targeted high-risk populations of transportation workers
based on the evaluation of five card-based technologies carried
out in fiscal year 2003 and the prototype conducted in fiscal
year 2004.
Fee Authority.--Public Law 108-90 (6 U.S.C. 469) authorizes
the Secretary to charge reasonable fees for providing
credentialing and background investigations of transportation
workers. Of the $55,000,000 provided for TWIC, $50,000,000 will
be generated through fee collections in order for TSA to
distribute an estimated 1 million credentials over fiscal years
2005 and 2006 to transportation workers who require access to
high-risk areas of the transportation system.
The budget request also assumes the collection of
$17,000,000 in fees for the hazardous materials driver license
endorsement program to conduct name and criminal background
checks on an estimated 3.5 million commercial drivers currently
licensed to carry hazardous materials.
INTELLIGENCE
Appropriations, 2004 \1\................................ $13,520,000
Budget estimate, 2005................................... 14,000,000
Committee recommendation................................ 14,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The Transportation Security Administration is the primary
liaison for transportation security with the intelligence and
law enforcement communities to provide current and strategic
warnings regarding threats to the Nation's transportation modes
and the identification of trends and changes in assessments of
any threats to the safety of transportation.
This account provides funding for the Transportation
Security Intelligence Service to analyze and disseminate
intelligence information affecting the transportation industry
to provide intelligence to transportation security personnel
nationwide.
COMMITTEE RECOMMENDATIONS
The Committee recommends $14,000,000 for intelligence
operations, as requested in the budget.
RESEARCH AND DEVELOPMENT
Appropriations, 2004 \1\................................ $154,285,000
Budget estimate, 2005................................... 154,000,000
Committee recommendation................................ 181,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Research and development activities of the Transportation
Security Administration focus on the prevention of terrorist-
committed criminal civil aviation and non-aviation security
incidents by developing technologies and standards to counter
traditional and non-traditional threats.
The research and development account activities include
funding for staff and administration at the Transportation
Security Laboratory and applied research projects and grants to
develop advanced security technology equipment and systems,
including next generation explosive detection systems and air
cargo security technology research.
COMMITTEE RECOMMENDATIONS
The Committee recommends $181,000,000 for research and
development. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
RESEARCH AND DEVELOPMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Research & development/Transportation Security Laboratory. 54,874 49,000 49,000
Next generation EDS....................................... 44,735 50,000 57,000
Air cargo................................................. 54,676 55,000 75,000
-----------------------------------------------------
Total, Research and Development..................... 154,285 154,000 181,000
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Next Generation Explosive Detection Systems.--The Committee
recommends $57,000,000 to accelerate research and development
of next generation Explosive Detection Systems [EDS]. This is
$12,265,000 more than the fiscal year 2004 level and $7,000,000
more than the budget request. The Committee is encouraged by
the progress made by the Transportation Security Laboratory in
development of explosive detection equipment that will increase
baggage throughput, lower false positive alarm rates, and
reduce the size of the equipment installed in airports. With
limited funding available for airport security modifications,
the Committee believes the evolution of smaller, less expensive
systems are essential for airports' installation of in-line
solutions without forcing the costly, large-scale redesign and
construction of baggage conveyor systems.
Air Cargo.--The Committee recommends $75,000,000,
$20,324,000 more than the fiscal year 2004 level and
$20,000,000 more than the budget request for research and
development to investigate technologies to provide more
effective and efficient methods of detecting air cargo threats.
Additional funding for air cargo security is provided to TSA in
the aviation security direction and enforcement activity.
The Committee encourages TSA to continue its efforts on the
Air Cargo Inspection Technology Improvement program to pursue
new technological solutions for inspecting cargo carried on
passenger aircraft. The Committee recognizes the screening
capability restrictions due to equipment size limitations and
provides $5,000,000 of the increase for air cargo research and
development to accelerate the development of technology to
detect explosives in containerized air cargo bound for
passenger and all-cargo aircraft.
In the interim, the Committee provides $15,000,000 for TSA
to continue operational testing and evaluation of commercial
off-the-shelf explosives detection systems and technologies
that will detect materialized container-specific cargo threats
as part of the Air Cargo Inspection pilot program. This will
allow for the expansion of the pilot to airports experiencing
extreme environmental conditions to ensure equipment
durability.
ADMINISTRATION
Appropriations, 2004 \1\................................ $424,679,000
Budget estimate, 2005................................... 539,852,000
Committee recommendation................................ 534,852,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Administration of the Transportation Security
Administration provides for financial, human resources, and
information technology support; policy development and
oversight; performance management and implementation of e-
government initiatives; communications, public information and
legislative affairs functions; training and quality
performance; internal conduct and audit; legal counsel; and the
overall administration of TSA headquarters operations.
The administration account provides funding for personnel
compensation and benefits; general operating expenses for
headquarters and field locations; staff training; and
information technology applications.
COMMITTEE RECOMMENDATIONS
The Committee recommends $534,852,000 for TSA
administration, $5,000,000 less than the amount requested in
the budget. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters support...................................... 172,675 277,382 277,382
Mission Support Centers................................... 39,764 14,000 9,000
Information technology applications....................... 196,931 240,470 240,470
Corporate training........................................ 15,309 8,000 8,000
-----------------------------------------------------
Total, Administration............................... 424,679 539,852 534,852
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Headquarters Support.--The Committee recommends
$277,382,000 for personnel compensation and benefits and
general operating expenses of headquarters administration
personnel and programs supporting operations at TSA
headquarters.
Mission Support Centers.--The Committee recommends
$9,000,000 to provide field personnel with immediate
operational and technical support. The Committee recommendation
reflects the impact of fewer employees assigned to the Mission
Support Centers than first envisioned and more current budget
assumptions.
Injury and Illness Rates.--The Committee is concerned with
the January 2004 Occupational Safety and Health Administration
report indicating that TSA has a higher personnel injury rate
than any other Federal agency. The Committee requests TSA to
provide a report to the Committee by March 31, 2005, describing
efforts to reduce injuries of TSA personnel. The report should
outline the corrective measures and improvements to equipment
made to reduce the number of injury and illness among
screeners.
United States Coast Guard
SUMMARY
The United States 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.
On March 1, 2003, the United States Coast Guard was
transferred in its entirety from the Department of
Transportation to the Department of Homeland Security in
accordance with the Homeland Security Act of 2002 (Public Law
107-296). 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
$7,469,130,000 for the activities of the Coast Guard for fiscal
year 2005. The following table summarizes the Committee's
recommendations, as compared to the fiscal year 2004 and budget
request levels:
UNITED STATES COAST GUARD--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted budget recommendations
----------------------------------------------------------------------------------------------------------------
Operating Expenses........................................ \1\ \2\ 4,637,43 5,173,220 5,153,220
3
Environmental Compliance and Restoration.................. \2\ 16,900 17,000 17,000
Reserve Training.......................................... \2\ 94,440 117,000 117,000
Acquisition, Construction, and Improvements............... \2\ 961,492 942,550 1,062,550
Alteration of Bridges..................................... \2\ 19,136 ................ 15,400
Research, Development, Test and Evaluation................ \2\ 14,912 ( \3\ ) 18,500
Retired Pay (mandatory)................................... 1,020,000 1,085,460 1,085,460
-----------------------------------------------------
Total, United States Coast Guard.................... 6,764,313 7,335,230 7,469,130
----------------------------------------------------------------------------------------------------------------
\1\ Includes $71,000,000 rescission pursuant to Public Law 108-90 and $23,183,000 in emergency supplemental
appropriations for costs related to Hurricane Isabel damage purusant to Public Law 108-106.
\2\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\3\ Proposed to be funded under the Science and Technology ``Research, Development, Acquisition and Technology''
account.
OPERATING EXPENSES
Appropriations, 2004 \1\................................ $4,637,433,000
Budget estimate, 2005................................... 5,173,220,000
Committee recommendation................................ 5,153,220,000
\1\ Includes $71,000,000 rescission pursuant to Public Law 108-90 and
$23,183,000 in emergency supplemental appropriations for costs related
to Hurricane Isabel damage pursuant to Public Law 108-106. Also includes
0.59 percent rescission pursuant to Public Law 108-199.
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, and 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 $5,153,220,000 for Coast Guard
Operating Expenses, including $24,500,000 from the Oil Spill
Liability Trust Fund, and $1,090,000,000 for the Coast Guard's
defense-related activities including drug interdiction. The
Committee recommendation does not include $10,000,000 requested
in the budget for a pay and performance demonstration project.
The Department has informed the Committee that the new pay
system will be piloted by another agency within the Department.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Military pay and related costs:
Military pay and allowances........................... $1,981,950 \2\ $2,161,114 $2,161,114
Military health care.................................. 462,147 544,785 544,785
Permanent change of stations.......................... 104,564 106,928 106,928
Federal Employee Compensation Act [FECA]/Unemployment 4,394 ( \3\ ) ( \3\ )
Compensation for ex-Coast Guard Military Members
[UCX]................................................
-----------------------------------------------------
Subtotal, Military pay and related costs.......... 2,553,055 2,812,827 2,812,827
=====================================================
Civilian pay and benefits:
Civilian pay and benefits............................. 378,997 \4\ 466,110 466,110
Pay parity for civilians.............................. 4,222 ................ ................
-----------------------------------------------------
Subtotal, Civilian pay and benefits................. 383,219 466,110 466,110
=====================================================
Training and recruiting:
Training and education................................ 106,009 81,407 81,407
Recruiting............................................ 20,580 85,034 80,034
Area and district training and education.............. 3,976 ................ ................
Command training and education........................ 34,893 ................ ................
DHS administration services........................... -2,187 ................ ................
-----------------------------------------------------
Subtotal, Training and recruiting................... 163,271 166,441 161,441
=====================================================
Operating funds and unit level maintenance:
Atlantic area command................................. 144,854 153,427 153,427
Pacific area command.................................. 160,587 175,377 175,377
1st district.......................................... 38,480 43,367 43,367
7th district.......................................... 54,177 52,004 52,004
8th district.......................................... 38,919 36,302 36,302
9th district.......................................... 20,737 23,265 23,265
13th district......................................... 15,955 18,050 18,050
14th district......................................... 11,454 12,512 12,512
17th district......................................... 28,682 22,557 22,557
Headquarters offices.................................. 413,459 317,322 302,322
Headquarters managed units............................ 110,653 74,175 74,175
Other activities...................................... 2,277 767 767
Portable radiation search tools....................... 1,491 ................ ................
Travel................................................ -3,976 ................ ................
Department of Homeland Security administrative serv- -11,134 ................ ................
ices.................................................
Centrally-managed account............................. -130,327 ................ ................
Command training and education........................ -34,893 ................ ................
-----------------------------------------------------
Subtotal, Operating funds and unit level maintenance 861,395 929,125 914,125
=====================================================
Centrally-managed accounts:
Centrally-managed operating expenses.............. 130,327 175,438 175,438
DHS administrative services....................... -1,690 ................ ................
-----------------------------------------------------
Subtotal, Centrally-managed accounts............ 128,637 175,438 175,438
=====================================================
Intermediate and depot level maintenance:
Aircraft maintenance.................................. 217,480 222,384 222,384
Electronic maintenance................................ 89,359 95,460 95,460
Ocean engineering and shore facility maintenance...... 151,151 151,035 151,034
Vessel maintenance.................................... 145,536 154,400 154,400
DHS administrative services........................... -7,853 ................ ................
-----------------------------------------------------
Subtotal, Intermediate and depot level maintenance.. 595,673 623,279 623,279
=====================================================
Subtotal, Operating expenses........................ 4,685,250 5,173,220 5,153,220
Rescission................................................ -71,000 ................ ................
Emergency appropriations.................................. 23,183 ................ ................
-----------------------------------------------------
Total, Operating expenses........................... 4,637,433 5,173,220 5,153,220
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Includes Federal Employee Compensation Act [FECA].
\3\ Included in Military pay and allowances and Civilian pay and benefits.
\4\ Includes Unemployment Compensation for ex-Coast Guard Military Members [UCX].
Reprogramming.--The specific detail in the above table
shall serve as the controls for purposes of any reprogramming
of funds pursuant to Section 502 of this Act.
Ballast Water Management Program.--The Committee continues
funding at the fiscal year 2004 and budget request level of
$4,000,000 for ballast water management activities to assist
the Coast Guard in transitioning the ballast water management
program from a voluntary to a mandatory enforcement of
guidelines for the prevention of the introduction of aquatic
nuisance species into waters of the United States through the
ballast water of ships.
Coast Guard Yard.--The Committee recognizes that the Coast
Guard Yard at Curtis Bay, Maryland, is a critical component of
the Coast Guard's core logistics capability that directly
supports fleet readiness. The Committee further recognizes that
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.
Sector Command Center-Joint [SCC-J].--The Committee is
encouraged by the close working relationship that has emerged
between the U.S. Navy and the Coast Guard to develop SCC-J
Command Centers around key joint use Navy-Civil ports. As the
Coast Guard develops its Maritime Domain Awareness
architecture, it is important to leverage existing Department
of Defense intelligence, surveillance, and reconnaissance
capabilities, such as the Navy's Littoral Surveillance System
[LSS], to maximize coordination and to eliminate or avoid
redundancies.
Search and Rescue Training.--The Committee recognizes that
the ability to properly and adequately train personnel in the
Rescue Swimmer program is vitally important to the Coast
Guard's Search and Rescue mission. The Committee is encouraged
that the Coast Guard is planning to replace the existing
Aquatics Training and Fitness facilities at the Aviation
Technical Training Center in Elizabeth City, North Carolina, to
sufficiently maintain this capability.
Marine Fire and Safety Association.--The Committee remains
supportive of efforts by the Marine Fire and Safety Association
[MFSA] to provide specialized firefighting training and
maintain an oil spill response contingency plan for the
Columbia River. The Committee encourages the Secretary to
provide funding for MFSA consistent with the authorization.
Wood Composites for Waterfront Facilities.--The Committee
remains supportive of the ongoing test and evaluation of wood
composite materials. Prior-year funding remains available for
completion of this project. The Coast Guard is encouraged to
consider the results of this research when selecting the most
effective materials for maritime construction efforts.
Quarterly Acquisition and Mission Emphasis Reports.--The
Commandant is directed to continue to submit the quarterly
acquisition and mission emphasis reports to the Committee
consistent with the deadlines articulated under Section 360 of
Division I of Public Law 108-7.
Performance Goals Report.--Based on the Coast Guard's most
recent quarterly report to the Committee on mission hours,
Coast Guard hours dedicated to traditional, non-homeland
security missions, remain significantly below levels prior to
September 11, 2001. However, in most cases, the Coast Guard
continues to meet or exceed performance goals in those areas.
The Committee is concerned with a recent General Accounting
Office assessment that the Coast Guard has not developed an
approach to link resources and performance results and that
without such an approach, the Coast Guard may not be using
funds in the most efficient manner to maximize productivity.
The Commandant is expected to submit a report to the Committee,
within 90 days of enactment of this Act, on plans to develop a
system that will provide an accurate representation of the
costs necessary to meet performance goals. The report shall
include the concept of the system; a timeline for
implementation, including milestones and completion dates; and
how this system will enable the Coast Guard to tie funding
levels to performance results.
Marine Vessel and Cold Water Safety Education.--The
Committee encourages the Coast Guard to continue existing
cooperative agreements and partnerships with organizations that
provide marine vessel safety training and cold water immersion
education and outreach programs for fishermen and children.
Maritime Safety and Security Teams.--The Coast Guard has
indicated that the next Maritime Safety and Security Team
[MSST] shall be located at the Port of Huntington, West
Virginia. The Committee expects funding for this MSST to be
included in the President's fiscal year 2006 budget submission.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2004 \1\................................ $16,900,000
Budget estimate, 2005................................... 17,000,000
Committee recommendation................................ 17,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
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 $17,000,000 for environmental
compliance and restoration, as requested in the budget.
RESERVE TRAINING
Appropriations, 2004 \1\................................ $94,440,000
Budget estimate, 2005................................... 117,000,000
Committee recommendation................................ 117,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The Secretary of the Department of Homeland Security is
required to adequately support the development and training of
a Reserve force to ensure that the Coast Guard will be
sufficiently organized, manned, and equipped to fully perform
its wartime missions. The purpose of the Reserve training
program is to provide 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 the national security
requires. Coast Guard reservists must also train for
mobilization assignments that are unique to the Coast Guard in
times 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 $117,000,000 for Reserve training,
as requested in the budget.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2004 \1\................................ $961,492,000
Budget estimate, 2005................................... 942,550,000
Committee recommendation................................ 1,062,550,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Funding in this account supports the Coast Guard's
continuing plans for fleet expansion and improvement. This
funding provides for the acquisition, construction, and
improvement of vessels, aircraft, information management
resources, shore facilities, and aids to navigation required to
execute the Coast Guard's missions and achieve its performance
goals.
Vessels.--The Coast Guard continues to acquire multi-
mission platforms that use advanced technology to reduce life-
cycle operating costs. The Great Lakes icebreaking replacement
project will continue.
Integrated Deepwater Systems Programs (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.
Shore Facilities.--The Coast Guard invests in modern
structures that are more energy-efficient, comply with
regulatory codes, minimize follow-on maintenance requirements
and replace existing dilapidated structures.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,062,550,000 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
2004 and budget request levels:
ACQUISITION, CONSTRUCTION AND IMPROVEMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
Great Lakes Icebreaker [GLIB] replacement........... 1,988 7,750 7,750
41 foot utility boat replacement.................... 11,929 12,000 12,000
Coastal patrol boats................................ 52,190 ................. .................
-------------------------------------------------------
Subtotal, Vessels................................. 66,107 19,750 19,750
=======================================================
Aircraft: Armed helicopter equipment, phase I........... ................ 1,800 3,800
=======================================================
Other equipment:
Automatic Identification System..................... 23,858 4,000 24,000
Defense message system implementation............... 3,479 ................. .................
Ports and waterway safety system.................... 994 ................. .................
Rescue 21 (National Distress and Response System 133,209 161,000 161,000
modernization).....................................
-------------------------------------------------------
Subtotal, Other equipment....................... 161,540 165,000 185,000
=======================================================
Personnel compensation and benefits:
Core acquisition costs.............................. 497 500 500
Direct personnel costs.............................. 69,090 72,500 72,500
-------------------------------------------------------
Subtotal, Personnel and related support........... 69,587 73,000 73,000
=======================================================
Integrated Deepwater System:
Aircraft:
Maritime patrol aircraft........................ 24,852 5,250 15,250
Unmanned aerial vehicles........................ 49,705 43,000 43,000
Legacy aircraft sustainment..................... 67,301 99,000 139,000
HH-65 reengining............................ ................ (75,000) (115,000)
HH-60 avionics.............................. ................ (15,000) (15,000)
HC-130 radar................................ ................ (9,000) (9,000)
-------------------------------------------------------
Subtotal, Aircraft........................ 141,858 147,250 197,250
=======================================================
Surface ships:
National Security Cutter program................ 206,773 274,500 274,500
Offshore Patrol Cutter program.................. 19,881 5,000 55,000
Fast Response Cutter program/110-123 foot patrol 65,611 60,000 60,000
boat conversion project........................
Short Range Prosecutor program.................. 1,591 2,290 2,290
Medium Endurance Cutter program................. ................ 12,500 12,500
Legacy surface ship sustainment................. 6,959 ................. .................
-------------------------------------------------------
Subtotal, Surface ships....................... 300,815 354,290 404,290
=======================================================
Command, Control, Communications, Computers,
Intelligence, Surveillance and Reconnaissance
[C4ISR]:
Command & Control System for Common Operating 57,658 31,010 31,010
Picture [COP]..................................
Cutter upgrade.................................. 7,058 15,020 15,020
Shore sites..................................... 21,970 5,950 5,950
Other contracts/legacy sustainment.............. 14,116 1,610 1,610
-------------------------------------------------------
Subtotal, Command, Control, Communications, 100,802 53,590 53,590
Computers, Intelligence, Surveillance and
Reconnaissance [C4ISR].......................
=======================================================
Logistics........................................... 45,132 39,870 39,870
Integrated logistics support.................... 19,087 15,140 15,140
Facilities design required for future asset 5,467 23,100 23,100
deployments....................................
Shore facilities................................ 20,578 1,630 1,630
System engineering and integration.................. 41,852 45,000 43,000
Government program management....................... 33,799 38,000 38,000
-------------------------------------------------------
Subtotal, Integrated Deepwater System............. 664,258 678,000 776,000
=======================================================
Shore facilities and aids to navigation:
Survey and design................................... ................ 1,000 1,000
Minor AC&I; shore construction projects.............. ................ 1,600 1,600
Small arms range at ISC Honolulu, HI................ ................ 1,600 1,600
Waterways aids to navigation infrastructure......... ................ 800 800
-------------------------------------------------------
Subtotal, Shore facilities and aids to navigation. ................ 5,000 5,000
=======================================================
Total, Acquisitions, Construction and Improvements 961,492 942,550 1,062,550
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Automatic Identification System.--Included in the Committee
recommendation is $24,000,000 for the Automatic Identification
System [AIS], as requested in the budget. The Maritime
Transportation Security Act required vessels entering U.S.
ports to have an AIS on board by the end of 2004 that will
identify the ship, the size of the ship, and the type of cargo
on the ship when entering U.S. ports.
Capital Investment Plan.--The Committee has not continued
statutory language contained in the fiscal year 2004
Appropriations Act regarding the capital investment plan. A
comprehensive capital investment plan for the Coast Guard that
included funding for each budget line item for fiscal years
2005 through 2009 was submitted in conjunction with the
President's fiscal year 2005 budget. The Committee expects the
Coast Guard to continue to submit a comprehensive capital
investment plan on an annual basis at the time the President's
budget is submitted to the Congress.
Fisheries Enforcement.--The Committee was advised in the
Coast Guard's March 3, 2004, report to the Committee that ``due
to the limited support facilities available at Shemya, Galena,
Cold Bay, and other western Aleutian Islands, aircraft
deployments cannot be maintained throughout the North Pacific
Maritime Boundary Line high threat season.'' Therefore, the
Committee directs the Coast Guard to include in its 2006 budget
submission the funds needed to provide long-term and short-term
capabilities to these necessary support facilities.
Icebreakers.--The Committee expects the Commandant to enter
into an arrangement with the National Academy of Sciences to
conduct a comprehensive study of the role of Coast Guard
icebreakers in supporting United States operations in the
Antarctic and the Arctic. The study should include different
scenarios for continuing those operations including service
life extension or replacement of existing Coast Guard
icebreakers and alternative methods that do not use Coast Guard
icebreakers. The study should also address changes in the roles
and missions of Coast Guard icebreakers in support of future
marine operations in the Arctic that may develop due to
environmental change, including the amount and kind of
icebreaking support that may be required in the future to
support marine operations in the Northern Sea Route and the
Northwest Passage; the suitability of the Polar Class
icebreakers for these new roles; and appropriate changes in
existing laws governing Coast Guard icebreaking operations and
the potential for new operating regimes. The study should be
submitted to the Committee no later than September 30, 2005.
Legacy Assets and Replacement Assets.--The Committee is
concerned about the condition of the Coast Guard's legacy
assets. The General Accounting Office notes in its April, 2004,
report [GAO-04-636T] that since September 11, 2001, Coast Guard
assets are being used 40 percent more resulting in
deterioration at a much faster pace than originally anticipated
when the Deepwater program was conceived. Hull breaches, engine
failures and lost operational days for cutters make it more
difficult for the Coast Guard to conduct its normal missions.
The Coast Guard is, therefore, expending more Deepwater funding
to sustain legacy assets and less on replacement assets. The
Committee directs the Coast Guard to submit a report to the
Committee by March 1, 2005, on the increased operational
requirements since September 11, 2001, and the impact they are
having on the legacy asset inventory. The report should be
based on fiscal year 2005 funding and shall include the costs
associated with sustaining each legacy asset, a timetable for
introducing each Deepwater replacement asset, and future
funding requests planned by the Coast Guard.
ALTERATION OF BRIDGES
Appropriations, 2004 \1\................................ $19,136,000
Budget estimate, 2005...................................................
Committee recommendation................................ 15,400,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Under the provisions of the Truman-Hobbs Act of June 21,
1940 (33 U.S.C. 511 et seq.), the Coast Guard, as the Federal
Government's agent, is required to share with owners the cost
of altering railroad and publicly-owned highway bridges which
obstruct the free movement of navigation on navigable waters of
the United States in accordance with the formula established in
33 U.S.C. 516. Alteration of obstructive highway bridges is
eligible for funding from the Federal-Aid Highways program.
COMMITTEE RECOMMENDATIONS
The Committee provides $15,400,000 for the alteration of
bridges, of which $4,400,000 is for the Florida Avenue Bridge,
New Orleans, LA; $3,000,000 for the EJ&E; Railroad Bridge,
Morris, IL; $5,000,000 for the Fourteen Mile CSX Railroad
Bridge, Mobile, AL; and $3,000,000 for the Burlington Northern
Santa Fe Bridge, Burlington, IA.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Appropriations, 2004 \1\................................ $14,912,000
Budget estimate, 2005................................... ( \2\ )
Committee recommendation................................ 18,500,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Proposed to be funded under the Science and Technology ``Research,
Development, Acquisition and Technology'' account.
The Coast Guard's Research and Development program develops
techniques, methods, hardware, and systems which 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 defers approval of the President's budget
proposal to fund the Coast Guard's research and development
activities within the Science and Technology Directorate
pending receipt of the findings of the independent study of the
Coast Guard's research and development priorities and receipt
of the Coast Guard's review of these findings.
The Committee recommends $18,500,000 for the Coast Guard's
research, development, test and evaluation activities. The
Committee provides an additional $5,000,000 above the
President's budget request. This additional amount is to be
used to augment research activities in support of traditional
Coast Guard mission programs, such as marine environmental
protection, living marine resources, search and rescue, aids to
navigation, marine safety, and fisheries enforcement. The
Committee expects the Commandant of the Coast Guard to continue
to coordinate research and development activities with the
Under Secretary for Science and Technology.
RETIRED PAY
Appropriations, 2004.................................... $1,020,000,000
Budget estimate, 2005................................... 1,085,460,000
Committee recommendation................................ 1,085,460,000
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 for 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 $1,085,460,000 for retired pay, as
requested in the budget.
United States Secret Service
SALARIES AND EXPENSES
Appropriations, 2004 \1\................................ $1,130,570,000
Budget estimate, 2005 \2\............................... 1,159,125,000
Committee recommendation \3\............................ 1,159,125,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Includes proposed transfer of $5,000,000 in grant funding for the
National Center for Missing and Exploited Children to the Bureau of
Immigration and Customs Enforcement.
\3\ Transfers $5,000,000 grant for the National Center for Missing and
Exploited Children to the Bureau of Immigration and Customs Enforcement.
On March 1, 2003, the United States Secret Service
transferred in its entirety from the Department of the Treasury
to the Department of Homeland Security in accordance with the
Homeland Security Act of 2002 (Public Law 107-296). The
Director of the Secret Service reports directly to the
Secretary of Homeland Security.
The United States Secret Service is mandated by statute and
Executive order to carry out two significant missions:
protection and criminal investigations. This account provides
funds for the protection of the President, the Vice President,
and other dignitaries and designated individuals; enforcement
of laws relating to obligations and securities of the United
States and financial crimes, such as financial institutions and
other fraud; planning and implementation of operational
security plans for a designated National Special Security Event
[NSSE]; and protection of the White House and other buildings
within the Washington, D.C., metropolitan area.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,159,125,000 for salaries and
expenses for fiscal year 2005. This is the same as the budget
request, including $58,625,000 for pay annualizations and
inflationary adjustments; $31,726,000 in program savings; and
$16,365,000 for White House mail screening and processing.
The Committee provides $2,100,000 for the Service's
forensic support costs associated with the National Center for
Missing and Exploited Children. The Committee transfers
$5,000,000 in grant funding for the National Center for Missing
and Exploited Children to the Bureau of Immigration and Customs
Enforcement.
National Special Security Events [NSSEs].--The Committee is
concerned that the Department is not appropriately budgeting
for anticipated NSSEs within the Services' base budget. The
Committee directs the Service to continue planning for
foreseeable NSSEs within its base budget and to rely upon the
Department's Counterterrorism Fund for costs of unanticipated
NSSEs.
Electronic Crimes Special Agents Program.--The Committee
commends the Service's efforts to protect economic institutions
through the Electronic Crimes Special Agents Program [ECSAP].
The Committee believes that the ECSAP will assist the Service
in preventing financial, identity, and electronic crimes. The
Committee notes that the Inspector General's report of January
2004 recommends that the Service examine computer
vulnerabilities to critical infrastructure at NSSEs by
assigning or detailing ECSAP agents on a permanent basis to its
Major Events Division. The Committee encourages the Department
of Homeland Security to work with the Service to expand and
improve the capabilities of this program to keep pace with
workload increases. The Committee encourages the Department to
use any savings from the Service's lapsed salaries to fund
additional ECSAP agents for fiscal year 2005.
Foreign Offices.--The Committee commends the Service for
using its foreign offices to aggressively investigate and shut
down international counterfeiting operations. The Committee
encourages the Department of Homeland Security to work with the
Service to develop a strategy to further enhance the
capabilities of these offices.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2004 \1\................................ $3,558,000
Budget estimate, 2005................................... 3,633,000
Committee recommendation................................ 3,633,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
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; and to ensure
efficient and full utilization of the Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends an appropriation of $3,633,000 for
acquisition, construction, improvements, repair and facilities'
improvement expenses of the Secret Service for fiscal year
2005, as requested in the budget.
TITLE III--PREPAREDNESS AND RECOVERY
Office of State and Local Government Coordination and Preparedness
SUMMARY
The Office of the State and Local Government Coordination
and Preparedness, created by the Secretary of Homeland Security
under the statutory authority for reorganization contained in
the Homeland Security Act of 2002, is responsible for
information flow between the Department and State and local
governments, for State and local grant award functions, and for
building and sustaining the terrorism preparedness of the first
responder community.
On March 26, 2004, pursuant to section 872 of Public Law
107-296, the Homeland Security Act of 2002, the Secretary of
the Department of Homeland Security consolidated grantmaking
authority across the Department in the new Office of State and
Local Government Coordination and Preparedness [SLGCP]. The
SLGCP will report directly to the Secretary.
Administration and oversight of the following programs were
moved to SLGCP from the:
Emergency Preparedness and Response Directorate.--
Metropolitan medical response system, first responder counter-
terrorism training assistance; emergency management performance
grants, State and local all-hazards emergency operations
planning, Citizens Corps/Community Emergency Response Teams,
and interoperable communications equipment.
Office for Domestic Preparedness.--State domestic
preparedness equipment support program; law enforcement
terrorism prevention program; New York equipment replacement
program; national exercise program [TOPOFF] grants; multi-state
anti-terrorism information exchange project; terrorism early
alert and strategic planning system; State Homeland Security
Grant Program; and the Urban Area Security Initiative [UASI]
Grant Program including UASI port security grants, UASI mass
transit security grants, UASI radiological defense systems, and
the Firefighter Assistance Grant Program.
Transportation Security Administration.--Port Security
Grant Program, Intercity Bus Security Grant Program, Operation
Safe Commerce, and the Trucking Industry Security Grant
Program.
The following chart illustrates the level of funding
provided to each of these programs in fiscal year 2004 and the
requested level in fiscal year 2005, without respect to the
original funding account:
STATE AND LOCAL GOVERNMENT COORDINATION AND PREPAREDNESS PROGRAM
CONSOLIDATION
[In thousands of dollars]
------------------------------------------------------------------------
Fiscal year
2004 enacted Fiscal year
\1\ 2005 budget
------------------------------------------------------------------------
Emergency Preparedness and Response
Directorate:
Metropolitan Medical Response 50,000 ...............
System...........................
First responder counter-terrorism ( \2\ ) ...............
training assistance..............
Emergency Management Performance 178,938 170,000
Grants...........................
State and local all hazards ( \2\ ) ...............
emergency operations planning....
Citizens Corps/Community Emergency 39,764 50,000
Response Teams...................
Interoperable communications ( \2\ ) ...............
equipment........................
Office for Domestic Preparedness:
State domestic preparedness ( \2\ ) ...............
equipment support program........
Law Enforcement Terrorism 497,100 500,000
Prevention Program...............
New York equipment replacement ( \2\ ) ...............
program..........................
National exercise program [TOPOFF] 49,705 52,000
grants...........................
Multi-state anti-terrorism ( \2\ ) ...............
information exchange project.....
Terrorism early alert and ( \2\ ) ...............
strategic planning system........
State Homeland Security Grant 1,689,970 700,000
Program..........................
Urban Area Security initiative 671,018 1,400,000
[UASI] Grant Program.............
UASI port security grants......... ............... 46,000
UASI mass transit security grants. 49,705 ...............
UASI radiological defense systems. ( \2\ ) ...............
Firefighter assistance grants..... 745,575 500,000
Transportation Security
Administration:
Port security grants.............. 125,000 ...............
Intercity bus security grants..... 10,000 ...............
Operation Safe Commerce........... 17,000 ...............
Trucking industry security grants. 22,000 ...............
------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Reflects the transfer of programmatic oversight; no new funds were
provided in fiscal year 2004.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $3,750,081,000.
The following table summarizes the Committee's recommendations
as compared to the fiscal year 2004 and budget request levels:
OFFICE OF STATE AND LOCAL GOVERNMENT PREPAREDNESS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
2004 enacted Fiscal year Committee
\1\ 2005 budget recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration................................ ( \2\ ) ( \3\ ) 25,000
State and Local Programs..................................... \4\ 3,267,608 3,061,255 2,845,081
Firefighter Assistance Grants................................ 745,575 500,000 700,000
Emergency Management Performance Grants...................... ( \5\ ) ( \6\ ) 180,000
--------------------------------------------------
Total.................................................. 4,013,183 3,561,255 3,750,081
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Funding of $3,077,000 was provided for the Office of State and Local Government Coordination for fiscal year
2004 under the ``Office of the Secretary and Executive Management'' account. Funding of $29,823,000 was
provided under the ``State and Local Programs'' account.
\3\ Funding of $3,546,000 is requested for the Office of State and Local Government Coordination for fiscal year
2005 under the ``Departmental Operations'' account, and $38,355,000 is included in the request for the ``State
and Local Programs'' account.
\4\ Total funding for fiscal year 2004 of $174,000,000 was provided for transportation grant programs under the
Transportation Security Administration ``Maritime and Land Security'' account.
\5\ Total funding for fiscal year 2004 of $178,938,000 was provided under the Emergency Preparedness and
Response Directorate ``Emergency Management Performance Grants'' account.
\6\ Total funding for fiscal year 2005 of $170,000,000 included in the request for the ``State and Local
Programs'' account.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2004.................................... ( \1\ )
Budget estimate, 2005................................... ( \2\ )
Committee recommendation................................ $25,000,000
\1\ Funding of $3,077,000 was provided for the Office of State and Local
Government Coordination for fiscal year 2004 under the ``Office of the
Secretary and Executive Management'' account. Funding of $29,823,000 was
provided under the ``State and Local Programs'' account.
\2\ Funding of $3,546,000 is requested for the Office of State and Local
Government Coordination for fiscal year 2005 under the ``Departmental
Operations'' account. Funding of $38,355,000 is requested under the
``State and Local Programs'' account.
The Management and Administration account provides the
funds for salaries and expenses of the Office of State and
Local Government Coordination and Preparedness.
COMMITTEE RECOMMENDATIONS
The Committee recommends $25,000,000 for management and
administrative expenses of the Office of the State and Local
Government Coordination and Preparedness for fiscal year 2005.
This account includes the salaries and expenses for the former
Office of State and Local Government Coordinator, previously
appropriated to the Office of the Secretary and Executive
Management account, and the administration and management
funds, previously appropriated to the Office for Domestic
Preparedness.
STATE AND LOCAL PROGRAMS
Appropriations, 2004 \1\................................ $3,267,608,000
Budget estimate, 2005................................... 3,061,255,000
Committee recommendation................................ 2,845,081,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
State and local programs provide grants for training,
equipment (including interoperable communications equipment),
exercises, and technical assistance to improve readiness for
potential terrorism incidents. This assistance is for
strengthening ``first responders''--police, fire, rescue,
emergency and other personnel who are first on scene in the
event of a terrorist attack. For the purpose of eligibility for
funds under this heading, a ``local government'' will continue
to include any county, city, village, borough, parish, town,
district, or other political subdivision of any State, and any
Indian tribe, with jurisdiction over Indian country.
Furthermore, any port authority, transit authority, water
district, regional planning commission, or council of
government may be considered a local government.
COMMITTEE RECOMMENDATIONS
The Committee recommends $2,845,081,000 for State and Local
Programs. The funds provided for State and local grants are to
be used for purposes consistent with each State's homeland
security strategy, including training and exercises; equipment,
including interoperable communications equipment; and technical
assistance; and may not be used for construction activities.
Summary.--The Committee provides $1,370,000,000 for a
formula grant program to be allocated on a per capita basis to
the States subject to section 1014 of Public Law 107-56. Not
less than 80 percent of funding provided to each State shall be
obligated to local governments within 60 days after the States'
receipt of the funds. Of the amount provided for State and
local programs, $30,000,000 is available for Citizen Corps, and
$400,000,000 is for State and local law enforcement terrorism
prevention grants.
Urban Areas Security Initiative Grants.--The Committee
provides $1,200,000,000 for discretionary grants to high-threat
urban areas. No less than 80 percent of discretionary grants
provided to any State shall be obligated to local governments
within 60 days of the States' receipt of funds. In making
grants to State and local governments, the Secretary of
Homeland Security shall take into consideration credible
threat, vulnerability, population, cooperation of multiple
jurisdictions in preparing domestic preparedness plans, and
identified needs of public agencies. Grants may be made to
single or multiple jurisdictions in the same urban area.
The Committee is concerned with the administration of the
funds available to assist those communities most in danger in
the United States. The continued expansion of the cities
eligible for this funding has the impact of diluting the
resources that have been made available, and shortchanging
those communities with the most serious quantifiable threat.
The Committee believes the Department achieved a more optimal
use of funds in fiscal year 2003.
Further, the Committee believes the Department's practice
over the past two fiscal years to allocate the full amount
appropriated for the program at one time near the beginning of
the year leaves the Department with little ability to respond
to new or updated intelligence or recent terrorist threats.
Consequently, the Committee recommends that at least 10 percent
of the funds appropriated for the program be reserved to meet
any needs over the course of the fiscal year warranted by more
current threat information and intelligence. Any reserve funds
remaining at the beginning of the last quarter of the fiscal
year shall be released to fiscal year 2005 grant recipients, as
determined by the Secretary.
Of the total provided by the Committee for urban area
security initiative grants, $150,000,000 is for port security
grants; $150,000,000 is for rail and transit security grants;
$10,000,000 is for intercity bus security grants for the
improvement of ticket identification, the installation of
driver shields, the enhancement of emergency communications,
and further implementation of passenger screening; and
$15,000,000 is for trucking industry security grants to
continue the Highway Watch Grant program, of which $2,350,000
is made available for emergency planning and exercises.
Use of grant funds for construction is prohibited. However,
for those projects that specifically address enhanced security
at critical infrastructure facilities (such as improved
perimeter security, minor construction or renovation for
necessary guard facilities, fencing, and related efforts)
project construction or renovation not exceeding $1,000,000 is
allowable, as deemed necessary by the Secretary. Such
construction shall be limited. Despite the consolidation of
selected grant award functions within the SLGCP, the
Transportation Security Administration will retain operational
subject matter expertise and will be fully engaged in the
administration of transportation related grant programs.
National Programs.--Included in the amount recommended is
$275,081,000 for national programs. Included in this amount is:
$30,000,000 for technical assistance; $135,000,000 for the
existing members of the National Domestic Preparedness
Consortium including $55,000,000 for the Center for Domestic
Preparedness; $55,000,000 for competitive grants for emerging
training; $52,000,000 for exercises; and $3,081,000 for
evaluations and assessments.
The Committee provides $30,000,000 for direct technical
assistance to State and local governments. Of this amount,
$20,000,000 is for the Interoperable Communication Technical
Assistance program to enhance interoperability of public safety
communications. The Committee encourages the Department to
consider designating SLGCP the lead organization within the
Department of Homeland Security in providing technical
assistance for interoperable communications.
The Committee does not agree with the President's proposal
to reduce funding to the National Domestic Preparedness
Consortium.
The Committee believes that the SLGCP needs to look more
broadly to find innovative emerging training capabilities, and
recommends that demonstration and pilot projects be included in
consideration for grants from the competitive training grant
program. Further, the Committee wishes to make clear the intent
of the competitive training grants program; that is, that all
of the funds appropriated to this program are to be distributed
through a competitive peer reviewed process. The allowance
included for fiscal year 2004 by House Report 108-280 continued
funding for previous training commitments, providing the
necessary one-time transition to this new program. The
Committee recognizes the critical role of multi-disciplinary
all-hazards training and emergency operations activities and
directs the Department to review training activities with the
relevant States on the west coast and report back to the
Committee by March 31, 2005.
Eligibility.--The Committee included clarifying language in
House Report 108-280 accompanying the Department of Homeland
Security Appropriations Act, 2004, but continues to hear
anecdotal reports that port authorities and tribal authorities
are not being considered as proper grant recipients or their
unique jurisdictional boundaries are not being taken into
consideration. The Committee urges the Department to work with
State and local governments to ensure that regional
authorities, such as port, transit, or tribal authorities, are
given due consideration in the distribution of State formula
grants. Further, the Committee wishes to clarify that the funds
available to State and local governments may be used to support
security efforts, including security upgrades and increased
protection, of non-profit, community, cultural, and religious
facilities identified as a priority in the State or local
application or the State Homeland Security Plan.
Emergency Medical Services.--The Committee is concerned
that, according to a recent bulletin issued by SLCGP, emergency
medical service [EMS] systems have received less than 4 percent
of the funding provided for State and local first responder
grant programs in fiscal years 2002 and 2003. In conjunction
with police and fire, EMS is the primary first responder for
medical assistance in the event of a terrorist attack. The
Committee encourages SLGCP to work with national EMS
organizations to establish guidelines and requirements for EMS
preparedness and support under SLGCP grant programs. Further,
no later than February 1, 2005, the Department is to report to
the Committee on the use of State and local, urban area
security initiative, and firefighter assistance grant funds for
EMS.
Best Practices.--The Committee recognizes the need to
create a central collection and dissemination point for lessons
learned and best practices that would allow States and
localities to gain knowledge, expertise, and experience from
the efforts of other States and localities. The Committee
supports the SLGCP's effort to continue the development of the
Lessons Learned Information System and the Homeland Security
Best Practices program to assist response professionals to
communicate and share information effectively and securely.
TOPOFF Participation.--State participation in the TOPOFF
exercises is critical to gaining experience and developing
protocols for crisis response among the various levels of top
Government officials. The Committee directs the SLGCP to
prepare a report recommending ways to provide incentives to
State and local jurisdictions to participate in the TOPOFF
exercises.
Use of Funds.--The Department is to submit a report to the
Committee by March 31, 2005, detailing what State and local
governments have purchased with fiscal year 2002-2004 homeland
security formula grants and urban area security initiative
grants; whether these expenditures have complied with State
homeland security plans; and how homeland security has been
enhanced by such expenditures. The Committee also expects the
SLGCP to comply with the Inspector General's recommendation in
``An Audit of Distributing and Spending `First Responder' Grant
Funds'' to accelerate the development of Federal guidelines for
first responder capabilities, equipment, training, and
exercises and for its March 31, 2005, report to the Committee
to include a report on the progress it has made in establishing
these standards and a schedule for implementing them in the
report.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
2004 enacted Fiscal year Committee
\1\ 2005 budget recommendations
----------------------------------------------------------------------------------------------------------------
State and local grants:
State and local grants................................... 1,689,970 700,000 940,000
Law enforcement terrorism prevention grants.............. 497,050 500,000 400,000
Citizen Corps............................................ 39,764 50,000 30,000
Emergency management performance grants.................. ............... 170,000 ...............
--------------------------------------------------
Subtotal, State and local grants....................... 2,226,784 1,420,000 1,370,000
==================================================
Urban area security initiative grants:.......................
High-threat, high density urban area grants.............. 671,018 1,446,000 875,000
Port security grants..................................... ( \2\ ) ............... 150,000
Rail and transit security grants......................... 49,705 ............... 150,000
Inter-city bus security grants........................... ( \2\ ) ............... 10,000
Trucking industry security grants........................ ( \2\ ) ............... 15,000
--------------------------------------------------
Subtotal, Urban area security initiative grants........ 720,723 1,446,000 1,200,000
==================================================
National programs:
Technical assistance..................................... 29,823 7,600 30,000
Center for Domestic Preparedness......................... 54,204 50,000 55,000
National Domestic Preparedness Consortium................ 80,000 30,000 80,000
Competitive training grants.............................. 59,646 3,000 55,000
National exercise program................................ 49,705 52,000 52,000
Equipment and testing.................................... 16,900 ............... ...............
Evaluation and assessments............................... ............... 14,300 3,081
Management and administration............................ 29,823 38,355 ( \3\ )
--------------------------------------------------
Subtotal, National programs............................ 320,101 195,255 275,081
==================================================
Total, State and local programs........................ 3,267,608 3,061,255 2,845,081
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Total funding for fiscal year 2004 of $174,000,000 for transportation related grants was provided under the
Transportation Security Administration ``Maritime and Land Security'' account.
\3\ Funded under separate ``Management and Administration'' account.
FIREFIGHTER ASSISTANCE GRANTS
Appropriations, 2004 \1\................................ $745,575,000
Budget estimate, 2005................................... 500,000,000
Committee recommendation................................ 700,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The firefighter assistance grants, as authorized by section
33 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229), provide assistance to local fire fighting
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 $700,000,000 for firefighter
assistance grants, to remain available until September 30,
2006.
The Committee has not included bill language requested in
the budget to prioritize applications within the Firefighter
Assistance Grant program based on ``enhancing terrorism
preparedness.'' 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; to reinstate firefighter safety and health
as a funding area; and to make $3,000,000 available for
implementation of section 205(c) of Public Law 108-169, the
United States Fire Administration Reauthorization Act of 2003.
The Committee further expects the Department to continue direct
funding to fire departments, the peer review process for
determining funding awards, and the practice of allowing the
Alaska Village Initiatives to apply for grants on behalf of
Alaskan communities.
The Committee is concerned that data from the National Fire
Protection Association and the Emergency Preparedness and
Response Directorate shows that many of our smaller firehouses
have an urgent, critical need for additional firefighting
equipment, personal protection equipment and other emergency
apparatus. The Committee also notes that older and damaged
surplus equipment that is no longer in use resides in many
larger departments. This equipment, if repaired or refurbished,
could be of great assistance to departments in other
jurisdictions that have significant needs. The Committee
encourages the Department to explore the possibility of
refurbishing and redirecting surplus fire equipment.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2004.................................... ( \1\ )
Budget estimate, 2005................................... ( \2\ )
Committee recommendation................................ $180,000,000
\1\ Funding of $178,000,000 appropriated under the Emergency
Preparedness and Response ``Emergency Management Performance Grants''
account transferred to the Office of State and Local Government
Coordination and Preparedness on March 26, 2004, pursuant to Section 872
of Public Law 107-296.
\2\ Total funding for fiscal year 2005 of $170,000,000 included in the
request for the ``State and Local Programs'' account.
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 $180,000,000 for emergency
management performance grants [EMPG].
EMPG remains a vital source of funding for State and local
emergency management. EMPG is one of the few remaining programs
at the Department with an all-hazards mission; as such, it is a
fundamental tool to local emergency management. EMPG is an
essential source of funds to help State emergency managers
reduce the threat of floods, assist victims of floods when they
occur and to prepare for potential chemical spills. The all-
hazards approach to emergency management is a critical tool for
State officials. Last fiscal year, there were 56 major disaster
declarations, 19 emergency declarations, and 46 fire
suppression declarations. State and local governments currently
have productive relationships with Emergency Preparedness and
Response Directorate regional emergency managers that are
critical to maintain an all-hazards response capability. The
Committee expects these relationships to continue. Despite the
consolidation of selected grant award functions within the
SLGCP, the Emergency Preparedness and Response Directorate will
retain operational subject matter expertise and will be fully
engaged in the administration of this program.
EMPG is a well regarded and effective program. The
Committee believes that this should remain a separate grant
program within the Department of Homeland Security, and not be
combined with any other grant program. The Committee directs
the Department to continue the practice of funding personnel
costs, and does not agree with the administration's proposal to
cap these costs at 25 percent. In addition, not to exceed 3
percent may be used for administrative expenses.
COUNTERTERRORISM FUND
Appropriations, 2004.................................... $9,941,000
Budget estimate, 2005................................... 20,000,000
Committee recommendation................................ 10,000,000
The Counterterrorism Fund provides a means to cover
unbudgeted and unanticipated critical costs associated with
providing support to counter, investigate, or pursue domestic
or international terrorism, including payment of rewards in
connection with these activities; and to re-establish the
operational capability of an office, facility, or other
property damaged or destroyed as a result of any domestic or
international terrorist incident. The Fund enables operating
entities of the Department of Homeland Security and other
Federal agency participants to be reimbursed for unforeseen
expenses arising from the prevention of or response to
terrorist attacks over and above normal operations. The Fund
also is available to provide reimbursement to the U.S. Secret
Service and other Federal agencies for unbudgeted expenses
related to a National Special Security Event [NSSE] designated
by the Secretary of Homeland Security in accordance with
Presidential Directive [PDD] 62.
COMMITTEE RECOMMENDATIONS
The Committee recommends an appropriation of $10,000,000
for the Counterterrorism Fund. These funds are provided for
responding to unforeseen emergencies not budgeted for in the
regular process. These funds are to be made available at the
direction of the Secretary of Homeland Security with advance
written notification provided to the Committee.
The Committee also expects the Secretary to provide written
notification to the Committee upon the designation of a NSSE.
The written notification shall include the following
information: location and date of the event, Federal agencies
involved in the protection and planning of the event, the
estimated costs of the event, and the source of funding to
cover the anticipated expenditures.
EMERGENCY PREPAREDNESS AND RESPONSE
SUMMARY
The Emergency Preparedness and Response [EP&R;] Directorate
was created on March 1, 2003, when the Federal Emergency
Management Agency was transferred to the Department of Homeland
Security. The mission of EP&R; is to lead the Nation to prepare
for, mitigate the effects of, respond to, and recover from
major domestic disasters, both natural and man-made, including
incidents of terrorism.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$5,648,216,000 for the activities of the Emergency Preparedness
and Response Directorate for fiscal year 2005. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2004 and budget request levels:
EMERGENCY PREPAREDNESS AND RESPONSE--SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Office of the Under Secretary for Emergency Preparedness 3,430 4,211 4,211
and Response...........................................
=======================================================
Preparedness, Mitigation, Response and Recovery [PMRR]:
Operating Activities................................ 164,027 201,499 201,499
Urban Search and Rescue Teams....................... 59,646 7,000 30,000
-------------------------------------------------------
Subtotal, Preparedness, Mitigation, Response and 223,673 208,499 231,499
Recovery.........................................
=======================================================
Administrative and Regional Operations.................. 166,015 196,939 196,939
Public Health Programs:
Strategic National Stockpile........................ 397,640 ( 2 ) ( 2 )
National Disaster Medical System.................... 33,799 34,000 34,000
Metropolitan Medical Response System................ 49,705 ................. .................
-------------------------------------------------------
Subtotal, Public Health Programs.................. 481,144 \2\ 34,000 \3\ 34,000
=======================================================
Biodefense Countermeasures.............................. \4\ 5,587,749 \5\ 2,528,000 \5\ 2,528,000
Radiological Emergency Preparedness..................... ( \6\ ) \7\ -1,000 \7\ -1,000
Disaster Relief......................................... \8\ 2,042,380 2,151,000 2,151,000
Disaster Assistance Direct Loan Program Account......... 557 567 567
National Pre-Disaster Mitigation Fund................... 149,115 ( \9\ ) ( \10\ )
Flood Map Modernization Fund............................ 198,820 200,000 200,000
National Flood Insurance Fund........................... 110,472 \11\ (112,593) \11\ (112,593)
National Flood Mitigation Fund.......................... \12\ 20,000 ( \13\ ) ( \14\ )
Mitigation Grants....................................... ( \15\ ) \16\ 150,000 \16\ 150,000
Emergency Management Performance Grants................. 178,938 ( \17\ ) ( \18\ )
Emergency Food and Shelter.............................. 152,097 \19\ 153,000 153,000
Cerro Grande Fire Claims................................ 37,837 ................. .................
-------------------------------------------------------
Total, Emergency Preparedness and Response........ \20\ 9,351,227 5,625,216 5,648,216
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ $400,000,000 for the Strategic National Stockpile proposed for transfer to Department of Health and Human
Services.
\3\ Excludes funding for the Strategic National Stockpile.
\4\ Limitation on fiscal year 2004 obligations pursuant to Public Law 108-90, including 0.59 percent rescission
pursuant to Public Law 108-199.
\5\ Public Law 108-90 appropriates $5,593,000,000 (reduced to $5,587,749,000 by 0.59 percent rescission pursuant
to Public Law 108-90), to remain available until September 30, 2013, of which not to exceed $3,418,000,000 is
available for obligation during fiscal years 2004 through 2008. This is the estimate of advance appropriations
pursuant to Public Law 108-90 available for obligation for fiscal year 2005.
\6\ Costs estimated to equal fee collections.
\7\ Fee collections are estimated to exceed costs.
\8\ Includes 0.59 percent rescission pursuant to Public Law 108-199 and $22,000 transfer to the Office of
Inspector General. Excludes $500,000,000 emergency supplemental appropriations pursuant to Public Law 108-106
and $225,000,000 rescission of these funds pursuant to Public Law 108-199.
\9\ Budget proposes combining this program with the National Flood Mitigation Fund into a new ``Mitigation
Grants'' account.
\10\ Funded under ``Mitigation Grants'' account.
\11\ Fully offset by fee collections.
\12\ By transfer from the National Flood Insurance Fund.
\13\ Proposed to be funded under the new ``Mitigation Grants'' account by transfer from the National Flood
Insurance Fund.
\14\ Funded under ``Mitigation Grants'' account.
\15\ Funded under ``National Pre-Disaster Mitigation Fund'' and ``National Flood Mitigation Fund'' accounts.
\16\ Excludes $20,000,000 transfer from National Flood Insurance Fund.
\17\ Transferred to the Office of State and Local Government Coordination and Preparedness on March 26, 2004
pursuant to Section 872 of Public Law 107-296.
\18\ Funded under the Office of State and Local Government Coordination and Preparedness.
\19\ Budget proposes legislation to transfer this program to the Department of Housing and Urban Development.
\20\ Total may not add due to rounding.
Office of the Under Secretary for Emergency Preparedness and Response
Appropriations, 2004 \1\................................ $3,430,000
Budget estimate, 2005................................... 4,211,000
Committee recommendation................................ 4,211,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The Office of the Under Secretary for Emergency
Preparedness and Response is responsible for providing the
Federal Government's response to terrorist attacks, major
disasters, and other emergencies and aiding in the recovery
from such incidents; helping to ensure the effectiveness of
emergency response providers to terrorist attacks, major
disasters, and other emergencies; and building a comprehensive
national incident management system to respond to such attacks,
disasters and emergencies with Federal, State, and local
government personnel, agencies and authorities.
COMMITTEE RECOMMENDATIONS
For the Office of the Under Secretary for Emergency
Preparedness and Response, the Committee recommends $4,211,000,
as requested in the budget.
PREPAREDNESS, MITIGATION, RESPONSE, AND RECOVERY
Appropriations, 2004 \1\................................ $223,673,000
Budget estimate, 2005................................... 208,499,000
Committee recommendation................................ 231,499,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
This appropriation funds the operating expenses to prepare
for, mitigate against, respond to and recover from emergencies
and disasters.
COMMITTEE RECOMMENDATIONS
The Committee provides $231,499,000 to support activities
related to preparedness, mitigation, response and recovery, as
requested in the budget. Included in the Committee
recommendation is $30,000,000, an increase of $23,000,000 from
the budget request, to support the 28 existing Urban Search and
Rescue [USAR] teams, of which no more than $2,566,000 shall be
used to administer, support and train task forces.
The Committee appreciates the commitment the USAR teams
have made as first responders to both natural disasters and
acts of terrorism. The Committee is concerned with the pace at
which the Department is making funds available to the USAR
teams, especially for the purchase of a second equipment cache
for each of the 28 USAR teams. The Committee believes that
second equipment caches are an essential component of an
effective USAR response. The Committee directs the Department
to obligate funds provided in fiscal years 2003 and 2004 for
the second equipment caches by September 1, 2004, and December
1, 2004, respectively. Further, the Department is directed to
report by March 1, 2005, on all obligations, planned and
completed, for the USAR teams for fiscal years 2003, 2004 and
2005. The report should include the progress made to complete
second caches at the 28 sites; an accounting of what the
primary and secondary equipment caches currently contain; an
accounting of what the caches will contain after fiscal year
2005 funds are expended; and how this complies with what has
been recommended by the USAR advisory board.
The Committee understands the importance of the National
Dam Safety Program in reducing risks to life and property from
dam failure in the United States. The Committee strongly
encourages the Emergency Preparedness and Response Directorate
to continue funding the National Dam Safety Program at the
fiscal year 2004 level of $5,500,000.
ADMINISTRATIVE AND REGIONAL OPERATIONS
Appropriations, 2004 \1\................................ $166,015,000
Budget estimate, 2005................................... 196,939,000
Committee recommendation................................ 196,939,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Administrative and Regional Operations coordinates between
headquarters and regional offices all policy, managerial,
resource, and administrative actions; maintains programs to
address public information issues; and builds partnerships
among State and local governments, non-governmental
organizations, business and industry.
COMMITTEE RECOMMENDATIONS
The Committee provides $196,939,000 for administrative and
regional operations, as requested in the budget.
PUBLIC HEALTH PROGRAMS
Appropriations, 2004 \1\................................ $481,144,000
Budget estimate, 2005 \2\............................... 34,000,000
Committee recommendation \3\............................ 34,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ $400,000,000 for the Strategic National Stockpile proposed for
transfer to Department of Health and Human Services.
\3\ Excludes funding for the Strategic National Stockpile.
---------------------------------------------------------------------------
COMMITTEE RECOMMENDATIONS
Public Health Programs provide medical and support
capability for State and local personnel to provide emergency
medical care during a disaster.
COMMITTEE RECOMMENDATIONS
The Committee provides $34,000,000 for public health
programs to fund Disaster Medical Assistance Teams, as
requested in the budget. The Committee agrees with the
President's budget request to transfer the Strategic National
Stockpile to the Department of Health and Human Services.
BIODEFENSE COUNTERMEASURES
Appropriations, 2004 \1\................................ $884,749,000
Budget estimate, 2005 \2\............................... 2,528,000,000
Committee recommendation \2\............................ 2,528,000,000
\1\ Limitation on fiscal year 2004 obligations pursuant to Public Law
108-90, including 0.59 percent rescission pursuant to Public Law 108-
199.
\2\ Public Law 108-90 appropriates $5,593,000,000 (reduced to
$5,587,749,000 by 0.59 percent rescission pursuant to Public Law 108-
90), to remain available until September 30, 2013, of which not to
exceed $3,418,000,000 is available for obligation during fiscal years
2004 through 2008. This is the estimate of advance appropriations
pursuant to Public Law 108-90 available for obligation for fiscal year
2005.
This program supports the government's efforts to secure
protections and countermeasures to strengthen the Nation's
preparedness against chemical, radiological, or nuclear agents
that may be used in a terrorist attack against the United
States by pre-purchasing critically needed vaccines and other
countermeasures for biodefense.
COMMITTEE RECOMMENDATIONS
Advance appropriations for biodefense countermeasures were
provided by the Department of Homeland Security Appropriations
Act, 2004 (Public Law 108-90), to remain available until
September 20, 2013. The budget estimates that $2,528,000,000 of
this amount will be made available for obligation for fiscal
year 2005.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriations, 2004.................................... ( \1\ )
Budget estimate, 2005 \2\............................... -$1,000,000
Committee recommendation \2\............................ -1,000,000
\1\ Costs estimated to equal fee collections.
\2\ Fee collections are estimated to exceed costs.
The Radiological Emergency Preparedness [REP] program
assists State and local governments in the development of
offsite 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 by the EP&R; to be
obligated in the next fiscal year for expenses related to REP
program activities.
COMMITTEE RECOMMENDATIONS
The Committee provides for the receipt and expenditure of
fees collected, as authorized by Public Law 105-276. The budget
estimates fee collections to exceed expenditures by $1,000,000
in fiscal year 2005.
DISASTER RELIEF
Appropriations, 2004 \1\................................ $1,789,380,000
Budget estimate, 2005................................... 2,151,000,000
Committee recommendation................................ 2,151,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199 and
$22,000 transfer to the Office of Inspector General. Excludes
$500,000,000 emergency supplemental appropriations pursuant to Public
Law 108-106 and $225,000,000 rescission of these funds pursuant to
Public Law 108-199.
Through the Disaster Relief Fund [DRF], the Department of
Homeland Security 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 State's capacity to respond. Under the
DRF, EP&R; will continue to operate the primary assistance
programs: Federal assistance to individuals and households; and
public assistance, which includes the repair and reconstruction
of State, local, and non-profit infrastructure. The post-
disaster hazard mitigation set-aside that is provided to States
will continue as part of the Disaster Relief Fund, working as a
companion piece to the National Pre-Disaster Mitigation Fund.
COMMITTEE RECOMMENDATIONS
The Committee recommends $2,151,000,000 for disaster
relief, as requested in the budget.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
Appropriations, 2004 \1\................................ $557,000
Budget estimate, 2005................................... 567,000
Committee recommendation................................ 567,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
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 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 $567,000 for the disaster
assistance direct loan program account, as requested in the
budget.
NATIONAL PRE-DISASTER MITIGATION FUND
Appropriations, 2004 \1\................................ $149,115,000
Budget estimate, 2005................................... ( \2\ )
Committee recommendation................................ ( \3\ )
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ President's budget request proposes combining this program with the
National Flood Mitigation Fund into a new ``Mitigation Grants'' account.
\3\ Funded under ``Mitigation Grants'' account.
The national pre-disaster mitigation fund is dedicated to
competitive pre-disaster mitigation activities to reduce the
risk of flood damage to structures.
COMMITTEE RECOMMENDATIONS
The Committee agrees with the budget request to combine
this program with the National Flood Mitigation Fund into a new
``Mitigation Grants'' account.
FLOOD MAP MODERNIZATION FUND
Appropriations, 2004 \1\................................ $198,820,000
Budget estimate, 2005................................... 200,000,000
Committee recommendation................................ 200,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Funding in this account will support 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, 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 $200,000,000 for the Flood Map
Modernization Fund, as requested in the budget, and includes
bill language which makes up to 3 percent of the funds
available for administrative purposes.
The Committee encourages FEMA to continue its practice of
providing funds to communities, States and regions with a
demonstrated commitment to digitizing and improving the
accuracy of area flood maps. Flood map modernization funds
should be provided through the most efficient approach to
updating the Nation's flood maps, and projects identified as
``high risk'' by States should be funded, when possible,
without adversely impacting the overall goal of completing the
flood map modernization project within 5 years.
The Committee urges the Emergency Preparedness and Response
Directorate to consider utilizing available high resolution
elevation models to develop flood hazard data to support flood
map modernization for counties that have experienced flooding
disasters.
The National Service Provider [NSP] and its subcontractors
shall avoid any conflicts of interest relating to the Multi-
Hazard Flood Map Modernization program or other FEMA contracts.
To assure this goal, neither the prime contractor nor any
subcontractor of the NSP team shall pursue contracts for flood
mapping work with FEMA Regional Offices under the Multi-Hazard
Flood Map Modernization program, if they are involved in any
activity as a member of the NSP team that creates an unfair
advantage for that firm.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2004.................................... $110,472,000
Budget estimate, 2005 \1\............................... 112,593,000
Committee recommendation \1\............................ 112,593,000
\1\ Fully offset by fee collections.
The National Flood Insurance Act of 1968 (42 U.S.C. 4011 et
seq.) authorizes the Federal Government to provide flood
insurance on a national basis. Flood insurance may be sold or
continued in force only in communities which enact and enforce
appropriate floodplain management measures. Communities must
participate in the program within 1 year of the time they are
identified as flood-prone in order to be eligible for flood
insurance and some forms of Federal financial assistance for
acquisition or construction purposes. In addition, federally-
regulated funding institutions can not provide loans to non-
participating communities with an identified flood hazard.
Under the emergency program, structures in identified
flood-prone areas are eligible for limited amounts of coverage
at subsidized insurance rates. Under the regular program,
studies must be made of different flood risks in flood-prone
areas to establish actuarial premium rates. These rates are
charged for insurance on new construction. Coverage is
available on virtually all types of buildings and their
contents in amounts up to $350,000 for residential and
$1,000,000 for other types.
COMMITTEE RECOMMENDATIONS
The Committee recommends $112,593,000 for the National
Flood Insurance Fund, and provides that up to $20,000,000 may
be transferred to the National Flood Mitigation Fund for
expenses under section 1366 of the National Flood Insurance Act
(42 U.S.C. 4104c), as requested in the budget.
NATIONAL FLOOD MITIGATION FUND
Appropriations, 2004 \1\................................ $20,000,000
Budget estimate, 2005................................... ( \2\ )
Committee recommendation................................ ( \3\ )
\1\ By transfer from the National Flood Insurance Fund.
\2\ Proposed to be funded under the new ``Mitigation Grants'' account by
transfer from the National Flood Insurance Fund.
\3\ Funded under ``Mitigation Grants'' account.
A portion of the fees generated from collections by the
National Flood Insurance Fund are transferred into the National
Flood Mitigation Fund and then transferred into the National
Pre-Disaster Mitigation Fund for pre-disaster mitigation
activities to reduce the risk of flood damage to structures.
COMMITTEE RECOMMENDATIONS
The Committee provides for the transfer of up to
$20,000,000 from the National Flood Insurance Fund to the new
``Mitigation Grants'' account, as requested in the budget.
MITIGATION GRANTS
Appropriations, 2004.................................... ( \1\ )
Budget estimate, 2005 \2\............................... $150,000,000
Committee recommendation \2\............................ 150,000,000
\1\ Funded under ``National Pre-Disaster Mitigation Fund'' and
``National Flood Mitigation Fund'' accounts.
\2\ Excludes $20,000,000 transfer from National Flood Insurance Fund.
This new account consolidates funding previously provided
through the National Pre-Disaster Mitigation Fund and the
National Flood Mitigation Fund. These funds are used for pre-
disaster mitigation activities to reduce the risk of flood
damage to structures and are awarded on a competitive basis,
based on the criteria in section 203(g) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133(g)). Post disaster mitigation grants are funded
through the Disaster Relief Fund.
COMMITTEE RECOMMENDATIONS
The Committee combines the National Pre-Disaster Mitigation
Fund with the National Flood Mitigation Fund into a new
``Mitigations Grants'' account and recommends $150,000,000, as
requested in the budget. Language is included in the bill to
make up to 3 percent of the funds available for administrative
purposes.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2004.................................... $178,938,000
Budget estimate, 2005................................... ( \1\ )
Committee recommendation................................ ( \2\ )
\1\ Transferred to the Office of State and Local Government Coordination
and Preparedness on March 26, 2004 pursuant to Section 872 of Public Law
107-296.
\2\ Funded under the Office of State and Local Government Coordination
and Preparedness.
Funding 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 funding for this program as a
separate account under the Office of State and Local Government
Coordination and Preparedness.
EMERGENCY FOOD AND SHELTER
Appropriations, 2004 \1\................................ $152,097,000
Budget estimate, 2005 \2\............................... 153,000,000
Committee recommendation................................ 153,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Budget proposes legislation to transfer this program to the
Department of Housing and Urban Development.
The Emergency Food and Shelter program provides grants to
non-profit and faith-based organizations at the local level to
supplement their programs for emergency food and shelter to
provide for the immediate needs of the homeless.
COMMITTEE RECOMMENDATIONS
The Committee recommends $153,000,000 for the emergency
food and shelter program. The Committee believes that the
program is administered appropriately by EP&R; and does not
shift this program to the Department of Housing and Urban
Development, as requested in the budget.
CERRO GRANDE FIRE CLAIMS
Appropriations, 2004.................................... $37,837,000
Budget estimate, 2005...................................................
Committee recommendation................................................
The Office of Cerro Grande Fire Claims was established by
Public Law 106-246 to provide expeditious consideration and
settlement of claims arising from the Cerro Grande prescribed
fire. Funds for administration of the compensation process and
for the payment of claims are available until expended.
COMMITTEE RECOMMENDATIONS
The Committee recommends no funding for this account.
Funding provided in previous fiscal years is expected to
satisfy all remaining Cerro Grande fire claims. The Committee
notes that EP&R; is working to complete the payment of claims
under the Cerro Grande Fire Assistance Act of 2000, and
requests a report on the status of the Cerro Grande Fire
Assistance Act claims process within 60 days of enactment of
this Act.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND SERVICES
Citizenship and Immigration Services
Appropriations, 2004 \1\................................ $234,733,000
Budget estimate, 2005................................... 140,000,000
Committee recommendation................................ 140,000,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The Bureau of Citizenship and Immigration Services [CIS]
was established by the Homeland Security Act of 2002 to deliver
immigration services to the public in a timely, consistent, and
fair manner. CIS is responsible for the administration of laws
and providing services related to people seeking to enter,
reside, work, and naturalize in the United States. In addition
to directly appropriated resources, offsetting collections are
available for the operations of CIS.
Immigration Examinations Fees.--The Bureau 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).
COMMITTEE RECOMMENDATIONS
The Committee recommends $140,000,000 for backlog reduction
activities of the CIS for fiscal year 2005. This is the same as
the budget request, and reflects a reduction of $154,733,000
that realigns the activities of CIS between the directly
appropriated resources and the fee-generated resources.
Backlog Reduction.--Included in the amount recommended by
the Committee is $140,000,000, an increase of $60,000,000, as
requested, to support the plan to attain a 6-month processing
time standard for all immigration benefit applications by
fiscal year 2006.
Immigration Examinations Fees.--The Committee understands
that the estimated level of $1,546,000,000 in spending from the
Immigration Examinations Fee includes $20,000,000 collected
from premium processing fees to continue efforts to reduce the
backlog of applications. CIS is expected to provide updates to
the Committee regarding the progress being made in meeting the
targets of its five-year backlog reduction plan. These reports
should continue to be submitted while the backlog reduction
plan is being updated. The Committee expects that of the fees
collected, no less than $25,000,000 be made available to the
Bureau of Immigration and Customs Enforcement to support the
investigative and intelligence needs of CIS.
The Committee expects CIS to review the staffing levels and
location of offices in Maine to ensure the most efficient and
practical delivery of services across the State.
The following table, which includes appropriations and
estimated fee collections, summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Adjudication Services:
Pay and benefits...................................... 659,173 621,000 621,000
Operating expenses:
District operations............................... 255,000 244,000 224,000
Service Center operations......................... 219,000 197,000 192,000
Asylum, refugee and international operations...... 72,000 73,000 73,000
Records operations................................ 72,000 65,000 65,000
-----------------------------------------------------
Total, Adjudication Services.................... 1,277,173 1,200,000 1,175,000
=====================================================
Backlog Reduction Initiatives:
Contracting services.................................. 80,000 120,000 120,000
Other................................................. 20,000 20,000 20,000
-----------------------------------------------------
Total, Backlog Reduction Initiatives................ 100,000 140,000 140,000
=====================================================
Information and Customer Services:
Pay and benefits...................................... 91,000 78,000 78,000
Operating expenses:
National Customer Service Center.................. 55,000 46,000 46,000
Information services.............................. 19,000 14,000 14,000
-----------------------------------------------------
Total, Information and Customer Services........ 165,000 138,000 138,000
=====================================================
Administration:
Pay and benefits...................................... 53,000 43,000 43,000
Operating expenses.................................... 203,000 190,000 190,000
-----------------------------------------------------
Total, Administration............................... 256,000 233,000 233,000
=====================================================
Total, Citizenship and Immigration Services......... 1,798,733 1,711,000 1,686,000
----------------------------------------------------------------------------------------------------------------
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriations, 2004 \1\................................ $154,506,000
Budget estimate, 2005 \2\............................... 158,440,000
Committee recommendation................................ 181,440,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Includes proposed transfer of $2,000,000 for operations of the
Advanced Training Center from the Bureau of Customs and Border
Protection.
The Federal Law Enforcement Training Center [FLETC]
provides the necessary facilities, equipment, and support
services for conducting recruit, advanced, specialized, and
refresher training for Federal law enforcement personnel. FLETC
personnel conduct the instructional programs for the basic
recruit and some advanced training. This appropriation is for
operating expenses of FLETC, for research in law enforcement
training methods, and curriculum content. In addition, FLETC
has a reimbursable program to accommodate the training
requirements of various Federal agencies. As funds are
available, law enforcement training is provided to certain
State, local, and foreign law enforcement personnel on a space-
available basis.
COMMITTEE RECOMMENDATIONS
The Committee recommends $181,440,000 for salaries and
expenses of the Federal Law Enforcement Training Center [FLETC]
for fiscal year 2005. The Committee recommendation includes
$2,313,000 in savings and an increase of $4,247,000 in
annualizations and inflationary adjustments, as requested in
the budget; and $2,000,000 for a pay for performance
demonstration project to train supervisory personnel in
administering a performance-based pay system.
The Committee recommendation does not include a transfer of
$2,000,000 to FLETC for operating costs at the Bureau of
Customs and Border Protection [CBP's] Advanced Training Center,
as proposed in the budget. The Committee continues to fund
operations of the Advanced Training Center under CBP.
The Committee provides an increase of $23,000,000 for the
transfer of funding for operations of the Charleston, South
Carolina, training facility from the CBP to FLETC. The
Committee directs the FLETC to provide, no later than February
1, 2005, a report regarding the feasibility of establishing a
maritime and port security training program at the Charleston,
South Carolina, training campus.
The FLETC is the Federal Government's principal provider of
interagency law enforcement training. The Committee expects the
Director of FLETC to ensure that all training centers are
operated at the highest capacity feasible throughout the fiscal
year. The Committee also expects the Director of the FLETC to
maintain training at or near capacity before entering into new
leases with private contractors or establishing new leases with
partner organizations.
To assist the FLETC in meeting its State, local, and other
training needs, the Committee encourages FLETC to continue
existing institutional partnerships prior to initiating new
partnerships.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2004 \1\................................ $37,137,000
Budget estimate, 2005................................... 37,917,000
Committee recommendation................................ 42,917,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
This account provides for the acquisition and related costs
for expansion and maintenance of facilities of the Federal Law
Enforcement Training Center. This includes funding for the
facilities' Master Plan, minor construction and maintenance,
firearms environmental restoration and reconstruction,
environmental compliance, and installation of fiber optics
communications systems. The Master Plan provides a long-range
blueprint for expansion of facilities to meet the training
requirements of participating organizations. Minor construction
and maintenance provides alterations and maintenance funding
for buildings at four locations (Glynco, Georgia; Artesia, New
Mexico; Cheltenham, Maryland; Charleston, South Carolina). The
firearms environmental restoration and reconstruction funds the
clean-up of existing outdoor ranges and reconstruction. The
environmental compliance funds are to ensure compliance with
Environmental Protection Agency and State environmental laws
and regulations. The fiber optics funds allow replacement of
the existing antiquated twisted copper wire telecommunications
system with a state-of-the-art fiber optic telecommunications
cable system.
COMMITTEE RECOMMENDATIONS
The Committee recommends $42,917,000 for acquisition,
construction, improvements, and related expenses for expansion
and maintenance of facilities of the Federal Law Enforcement
Training Center [FLETC].
The Committee notes that an updated facilities Master Plan
that identifies unfunded training facility needs has not been
submitted for the Committee's consideration for fiscal year
2005. However, the Committee provides an increase of $5,000,000
above the budget request to provide for identified perimeter
security and firearms range needs at FLETC's Artesia, New
Mexico, campus.
Information Analysis and Infrastructure Protection
MANAGEMENT AND ADMINISTRATION
Appropriations, 2004 \1\................................ $124,263,000
Budget estimate, 2005................................... 162,064,000
Committee recommendation................................ 157,064,000
\1\ Includes 0.59 percent rescission pursuant Public Law 108-199.
The Office of the Under Secretary for Information Analysis
and Infrastructure Protection is responsible for collecting and
disseminating terrorist threat information; fusing and
integrating data with foreign intelligence to produce a
comprehensive picture of threats; and developing and
implementing an action plan to mitigate terrorist threats and
national vulnerabilities.
COMMITTEE RECOMMENDATIONS
For salaries and expenses of the Office of the Under
Secretary and for management and administration of programs and
activities carried out by the Information Analysis and
Infrastructure Protection [IAIP] Directorate, the Committee
recommends $157,064,000, $5,000,000 less than the budget
request.
Of the amount provided, $5,864,000 is for the immediate
Office of the Under Secretary and $116,200,000 is provided for
the salaries and expenses for administering IAIP activities.
The Committee recommends $35,000,000 for the Homeland
Security Operations Center [HSOC] which serves as the focal
point for sharing information across all levels of government
and the private sector. Within the funds provided for the HSOC,
the Committee provides funding for the Homeland Security
Information Network to continue to provide for real-time,
secure threat information to the State and local governmental
entities at the sensitive-but-unclassified level.
Funding is provided for fiscal year 2005 for the training,
evaluation, and improvement of the Continuity of Operations
Plan effort initiated in fiscal year 2004. Also included in the
Committee's recommendation is $10,000,000 for renovations and
upgrades of the current HSOC and $4,000,000 to allow for the
consolidation of activities of the HSOC previously funded in
evaluations and studies, as requested in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION--MANAGEMENT AND ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted budget recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration:
Office of the Under Secretary......................... 4,772 5,864 5,864
Other salaries and expenses........................... 99,609 121,200 116,200
Homeland Security Operations Center................... 19,882 35,000 35,000
-----------------------------------------------------
Total, Management and Administration................ 124,263 162,064 157,064
----------------------------------------------------------------------------------------------------------------
ASSESSMENTS AND EVALUATIONS
Appropriations, 2004.................................... $710,084,000
Budget estimate, 2005................................... 702,512,000
Committee recommendation................................ 718,512,000
The Directorate of Information Analysis and Infrastructure
Protection was established by Public Law 107-296, the Homeland
Security Act of 2002, to identify and assess current and future
threats to the homeland, map threat information against current
vulnerabilities, issue timely warnings, and take preventive and
protective action. IAIP continues to work with Federal, State,
local, and private stakeholders to develop and implement an
integrated national plan for the physical and cyber protection
of critical infrastructures and key assets.
COMMITTEE RECOMMENDATIONS
The Committee recommends $718,512,000 for information
analysis and infrastructure protection assessments and
evaluations.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION--ASSESSMENTS AND EVALUATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted budget recommendations
----------------------------------------------------------------------------------------------------------------
Assessments and Evaluations:
Critical infrastructure outreach and partnerships..... 71,271 71,592 91,592
Critical infrastructure identification and evaluation. 64,479 77,861 64,730
National Infrastructure Simulation and Analysis Center 27,000 16,000 23,105
[NISAC]..............................................
Protective actions.................................... 192,919 191,647 193,673
Biosurveillance....................................... ................ 11,000 11,000
Cyber security........................................ 65,233 67,380 67,380
National security and emergency preparedness 140,168 140,754 140,754
telecommunications...................................
Competitive analysis and evaluation................... 18,788 18,868 18,868
Threat determination and assessment................... 28,232 21,943 21,943
Infrastructure vulnerability and risk assessment...... 83,703 71,080 71,080
Evaluations and studies............................... 18,291 14,387 14,387
-----------------------------------------------------
Total, Assessments and Evaluations.................. 710,084 702,512 718,512
----------------------------------------------------------------------------------------------------------------
Critical Infrastructure Outreach and Partnerships.--The
Committee recommends $91,592,000 for the Infrastructure
Coordination Division to ensure reliable and timely
communication in building the capacity to allow the Department
to share data with infrastructure owners and operators, and to
allow the owners and operators to provide updates to the
Department on the status of their components of the Nation's
critical infrastructure. The increase provided for critical
infrastructure outreach and partnerships is provided for
computer hosting of departmental applications, network
connectivity, and critical data storage under the direction of
the Department's Chief Information Officer.
Funds are made available for critical infrastructure
outreach and partnerships for development, implementation, and
support of the Protected Critical Infrastructure Information
program to facilitate the voluntary submission of
infrastructure information by the private sector to the Federal
Government to assist in reducing its vulnerability to terrorist
attacks.
Also, within funds made available for fiscal year 2005, the
Committee supports development of the National Infrastructure
Coordination Center to create a communications, tools-based and
informational framework for the cross-sector identification and
coordination of critical infrastructure information.
The Committee provides continued funding for the Critical
Infrastructure Warning Information Network to provide for the
expansion of the number of network nodes to ensure connectivity
across the government in the event of a major cyber attack.
Critical Infrastructure Identification and Evaluation.--The
Committee recommends $64,730,000 for infrastructure protection
activities carried out by the Protective Security Division
[PSD] to deploy a critical infrastructure database, to identify
critical infrastructure and their vulnerabilities, to assess
risks identified, and to reduce vulnerabilities.
Continued funding is provided for the National Asset
Database to collect and catalogue the Nation's critical
infrastructure and key assets.
The Committee expects PSD to conduct vulnerability field
assessments of high-value targets and soft targets to determine
site susceptibility to terrorist attacks in order to collect
data on common industry-specific vulnerabilities; to collate
and communicate this information to all affected stakeholders;
and to assist individual owners and operators and local law
enforcement officials in preparing plans that will improve
security at, and in the vicinity of, their sites.
The Committee also expects PSD to carry out identification
of vulnerabilities at approximately 400 high-value targets in
fiscal year 2005 in addition to the 150 expected to be
completed in fiscal year 2004. The Committee is aware of
specific high-threat cities scheduled for site visits for soft
target vulnerability identification to be completed by the end
of fiscal year 2004 and expects approximately 150 additional
site visits to be completed in fiscal year 2005.
Funding is continued for fiscal year 2005 for risk analysis
activities to identify potential methods of attack, the
probabilities of success, and the consequences of attack,
including the second- and third-order cascade effects of supply
chain failures due to market interdependencies.
The Committee is encouraged by the initial interaction
between the Office for Domestic Preparedness and the PSD and
expects that coordination between the PSD and the newly-created
Office of State and Local Government Coordination and
Preparedness [SLGCP] will continue to improve. In particular,
the Committee expects the PSD to be a full partner in the grant
award process and in the determination of the Nation's high-
threat urban areas, and other terrorism prevention needs. The
Committee expects the PSD to provide guidance for
prioritization of protective measures, to develop and provide
specific recommendations as part of the grant award process to
minimize duplication of efforts and to review grant requests
related to terrorism prevention.
National Infrastructure Simulation and Analysis Center.--
The Committee recommends $23,105,000 to continue support for
the National Infrastructure Simulation and Analysis Center
[NISAC] to provide comprehensive modeling and simulation
capabilities for the analysis of critical infrastructure, their
interdependencies, complexities, and the consequences of
disturbances. This is an increase of $3,105,000 above the base
funding of $20,000,000 for fiscal year 2004. The fiscal year
2004 funding level reflects the carryover of $7,000,000 in
previously appropriated funds for the construction of the NISAC
facility at Kirtland Air Force Base in Albuquerque, New Mexico.
The Committee expects Sandia and Los Alamos National
Laboratories to continue to develop NISAC and to be the lead
entities in this initiative to secure the Nation's critical
infrastructure.
The Committee is aware that funding in the amount of
$27,500,000 was made available by Public Law 108-7, the
Consolidated Appropriations Resolution, 2003, for NISAC. The
Committee expects PSD to obligate the funds provided and
available for the construction of NISAC at Kirtland Air Force
Base in Albuquerque, New Mexico, at the earliest date possible.
Protective Actions.--The Committee recommends $193,673,000
for protective actions activities carried out by PSD for
developing and implementing protective programs for the
Nation's critical infrastructures and to assist Federal, State,
local, and private sector organizations to devise protection
strategies, programs, and best practices.
Within the funds provided for protective actions, the
Committee expects the PSD to continue to carry out the Buffer
Zone and Site Security Program to provide State homeland
security officials, local law enforcement, and infrastructure
owners and operators with a variety of services to implement
protective measures across at-risk infrastructures, sectors,
segments, and individual sites.
The Committee is aware of the actions already taken to
implement the Buffer Zone Protection Plan [BZPP] for chemical
facilities, nuclear power plants, nuclear spent fuel storage
facilities, petroleum refineries, liquefied natural gas storage
facilities, water treatment facilities, railroad bridges,
subways, and tunnels to share information with infrastructure/
asset owners in order to provide an understanding of the
threat, capabilities, and tactics of terrorists to cause damage
to critical infrastructures.
The Committee recognizes the rapid stand-up of PSD and is
encouraged by its efforts in fiscal year 2004 to ensure
additional protective actions are implemented at 360 of the
most hazardous chemical sites in accordance with the BZPP. With
funds made available for fiscal year 2005, the Committee
expects PSD to continue protective actions to include an
additional 350 to 400 chemical sites per year that would have
the effect of a weapon of mass destruction if the chemical site
was targeted and attacked by terrorists. In addition to the
implementation of the BZPP, the Committee expects PSD to assign
responsibility to field personnel (Protective Security
Advisors) to conduct annual site security verification visits
at 4,000 of the most hazardous chemical sites identified by the
Department.
The Committee expects the Department to continue the BZPP
efforts to increase security at all of the Nation's critical
infrastructure and key resources at a rate of 2,000 sites per
year with particular emphasis on (1) sites that, if attacked,
would have the effect of a weapon of mass destruction; (2) soft
targets and public gathering areas; and (3) public
transportation systems.
The Committee is aware of the PSD efforts to secure the
Nation's railways from a terrorist attack by conducting
simulations, site assist visits [SAVs], and vulnerability
assessments of the most critical areas. The Committee expects
the PSD to continue SAVs of rail stations, railroad bridges,
railroad yards, tunnels, subways, and rail corridors and to
prioritize vulnerabilities in order to implement protective
measures. Additional funding for rail security is provided
within the funding recommended for SLGCP, the Science and
Technology [S&T;] Directorate, and the Transportation Security
Administration.
Biosurveillance.--The Committee recommends $11,000,000, as
requested in the budget, for the IAIP's role in the
biosurveillance initiative to rapidly identify and characterize
a potential bioterrorist attack.
Under the biosurveillance initiative, the S&T; will receive
response guidance attack assessments from the National
Biosurveillance Group to enhance S&T;'s BioWatch environmental
biodetection program, the Department of Health and Human
Services [HHS] proposed BioSense program, HHS and the United
States Department of Agriculture [USDA] current joint separate
food security surveillance efforts, and the USDA's agricultural
surveillance efforts. Funds are provided for IAIP to be the
lead agency in developing a national system to detect
biological and chemical attacks and coordinate the real-time
integration of biosurveillance data collected from HHS, USDA,
and S&T.; Additional funding is provided for the biosurveillance
initiative within the S&T;, ``Research, Development, Acquisition
and Operations'' account.
Cyber Security.--The Committee recommends $67,380,000 for
cyber security program activities carried out by the National
Cyber Security Division to support efforts to capitalize on
existing capabilities of IAIP and to invest in new capabilities
to monitor for, predict, and prevent cyber attacks and to
minimize the damage from and efficiently recover from attacks.
Funding is provided for fiscal year 2005 to continue
support of the United States-Computer Emergency Readiness Team
to serve as the U.S. Government coordination point for
collaboration of public and private sector institutions to
advance computer security preparedness and response to cyber
attacks and incidents. The Committee expects the Department to
continue to fund the Global Early Warning Information System
for the measurement of traffic flow and activity on the
Internet and the reporting of potential cyber attacks or
disruptions to Government and industry. Funding is provided
within the amount recommended for the cyber security program
for the Combined Cyber Operations Center to track and analyze
cyber incidents nationwide and to coordinate local and/or
national response.
Also included is $3,500,000 for ``live wire'' cyber
exercises to build upon previous similar terrorist attacks on
the Nation's cyber infrastructure to demonstrate the impact of
a cyber-based attack on critical infrastructures and to
highlight the interdependencies among critical infrastructures
and underscore the requirement for enhanced cross-sector
cooperation.
The Committee expects the National Cyber Security Division,
in consultation with nongovernmental organizations with
assigned responsibilities under national preparedness and
response incident management plans, to identify critical assets
and interdependencies; to perform vulnerability assessments;
and to identify necessary resources to implement protective
measures to ensure continuity of operations, product
protection, and redundancy of critical biomedical systems.
National Security and Emergency Preparedness
Telecommunications.--The Committee recommends $140,754,000 for
National Security and Emergency Preparedness Telecommunications
activities administered by the National Communications System.
This includes funding for telecommunications priority services
programs, including the Government Emergency Telecommunications
Service, the Wireless Priority Service [WPS], the
Telecommunications Service Priority program, and the Special
Routing Arrangement Services.
The Committee recommends $88,000,000 for development and
deployment of nationwide WPS solutions for Global System for
Mobile Communications [GSM] and Code Division Multiple Access
[CDMA] wireless technology platforms to ensure national
leadership can communicate during periods of extreme
telecommunications network congestion and times of national
crisis.
Competitive Analysis and Evaluation.--The Committee
recommends $18,868,000 for competitive risk assessment
analysis, validation, evaluation, and exercises and
methodologies.
The Committee makes funds available for the establishment
of physical and cyber target risk analysis teams using analytic
``red cell'' and operational ``red team'' procedures to
evaluate protective measures implemented by other components of
IAIP in the protection of key assets and critical
infrastructure. Funding for fiscal year 2005 is also provided
for product and process evaluation, customer satisfaction, and
a senior stakeholders panel. Within the amount made available
for competitive analysis and evaluation, the Committee provides
funding to coordinate and manage interagency and tabletop
exercises to test policies, processes, procedures,
capabilities, and areas of responsibilities of IAIP.
Threat Determination and Assessment.--The Committee
recommends $21,943,000 for information analysis activities for
the detection and identification of terrorist threats,
assessment of the nature and scope of terrorist threats, and to
provide the ability to recognize terrorist threats with regard
to actual and potential vulnerabilities within critical
infrastructures and key assets.
For fiscal year 2005, funding is provided to carry out
current activities to constantly structure terrorist threat
situational awareness, perform execution of intelligence
activities, and focus on coordination of intelligence
activities within the Department and the Intelligence
Community, and with States and local municipalities and tribal
entities.
The Committee recommendation includes a reduction of
$6,400,000, as requested in the budget, for programs previously
funded in threat determination and assessments for the
Terrorist Threat Integration Center [T-TIC] and the Terrorist
Screening Center [TSC] to provide for the establishment of a
joint center focused on integrating threat data with the
Department of Justice [DOJ].
Infrastructure Vulnerability and Risk Assessment.--The
Committee recommends $71,080,000 for activities for the
development of a comprehensive National infrastructure profile
and risk analysis; development of analytic tools to evaluate
critical infrastructure and key assets; and the coordination
and development of a national threat vulnerability and asset
database to access, integrate, correlate, and store
information.
Funding for fiscal year 2005 will allow IAIP to produce
more timely, significant threat information, accompanied by
protective measures and mitigation strategy recommendations to
industry to enhance their value to the private sector,
minimizing the issuance of ``general'' warnings. Funds are also
provided for continued collaboration with S&T; to acquire the
most advanced technology for translating vast amounts of
diverse data into common and usable information and to provide
for the coordination, development, and maintenance of a single
database of the Nation's critical infrastructures through a
shared process involving all stakeholders.
The Committee recommendation includes a reduction of
$12,900,000, as requested in the budget, for programs
previously funded in infrastructure vulnerability and risk
assessment for the T-TIC and the TSC to provide for the
establishment of a joint center focused on integrating threat
data with the DOJ.
Evaluations and Studies.--The Committee recommends
$14,387,000 for information analysis activities for the
management and administration of the Homeland Security Advisory
System to provide continuous monitoring and alerts of potential
terrorist threats or ongoing activities. The Committee
recommends funding for submitting collection requests for
threat information to the Intelligence Community and law
enforcement organizations; disseminating guidance to other
Departmental components; developing analyses on the nature and
scope of the threat; identifying potential terrorist targets
within the United States; and publishing threat advisories,
bulletins, and warnings at different levels of classification
prior to distribution to the relevant stakeholders.
The Committee recommendation includes a reduction of
$4,000,000, as requested in the budget, to allow for the
consolidation of activities of the HSOC previously funded in
the ``Evaluations and Studies'' account.
The Committee is supportive of the Department's intent to
use the National Weather Service [NWS] radio system as the
foundation for the Homeland Security Advisory System. However,
the Committee has been advised that only 15 percent of
Americans have access to NWS radio broadcasts. Fiscal year 2004
funding of $10,000,000 was provided for the distribution of NWS
radios. The Committee provides this level of funding for fiscal
year 2005 for further distribution of NWS radios to schools
throughout the country on a priority basis.
The Committee has been informed that the Department of
Homeland Security must negotiate separately with each radio and
television broadcaster and with other providers of
telecommunications services, such as cable, cell phone,
satellite, and e-mail transmissions, for national alerts to be
carried by such entities. The Committee believes this is an
extremely inefficient means of ensuring communications with the
public, and directs the Secretary to work with the Chairman of
the Federal Communications Commission to develop a legislative
solution to this issue.
Science and Technology
MANAGEMENT AND ADMINISTRATION
Appropriations, 2004.................................... $43,908,000
Budget estimate, 2005................................... 52,550,000
Committee recommendation................................ 52,550,000
The Office of the Under Secretary for Science and
Technology is responsible for ensuring the Nation's homeland
security by developing a national policy and strategic plan to
coordinate the Federal Government's civilian efforts for
identifying priorities, goals, objectives and policies to
develop countermeasures to chemical, biological, radiological,
nuclear, and other emerging terrorist threats. The
responsibilities of the Under Secretary also include oversight
and coordination responsibilities; basic and applied research;
and development, demonstration, testing, and evaluation
activities relevant to any or all elements of the Department in
collaboration and coordination with other appropriate executive
agencies to reduce duplication and to identify unmet needs.
COMMITTEE RECOMMENDATIONS
For salaries and expenses of the Office of the Under
Secretary and for management and administration of programs and
activities carried out by the Science and Technology
Directorate [S&T;], the Committee recommends $52,550,000, as
requested in the budget. Of the amount provided, $6,315,000 is
for the immediate Office of the Under Secretary and $46,235,000
is provided for the salaries and expenses for managing and
administering S&T; activities.
The following table summarizes the Committee's
recommendations for the management and administration of
science and technology activities as compared to the fiscal
year 2004 and budget request levels:
SCIENCE AND TECHNOLOGY--MANAGEMENT AND ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration:
Office of the Under Secretary......................... 5,138 6,315 6,315
Other salaries and expenses........................... 38,770 46,235 46,235
-----------------------------------------------------
Total, Management and Administration................ 43,908 52,550 52,550
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
Research, Development, Acquisition and Operations
Appropriations, 2004 \1\................................ $868,844,000
Budget estimate, 2005................................... 986,749,000
Committee recommendation................................ 1,016,647,000
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
The Science and Technology Directorate [S&T;] was
established by Congress by Public Law 107-296, the Homeland
Security Act of 2002, to support the advance of homeland
security through basic and applied research; fabrication of
prototypes and full-scale preproduction hardware; and
procurement of products, systems and other capital equipment
necessary for the provision and upgrading of capabilities to
detect, destroy, dispose, and mitigate the effects of weapons
of mass destruction. The S&T; also supports other directorates
and activities of the Department in developing, acquiring and
fielding equipment and procedures necessary for performing
their missions.
COMMITTEE RECOMMENDATONS
The Committee recommends $1,016,647,000 for research,
development, acquisition and operations of the Science and
Technology Directorate for fiscal year 2005.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2004 and budget
request levels:
SCIENCE AND TECHNOLOGY--RESEARCH, DEVELOPMENT, ACQUISITION AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2004 Fiscal year 2005 Committee
enacted \1\ budget recommendations
----------------------------------------------------------------------------------------------------------------
Biological countermeasures................................ 197,329 407,000 346,310
National Biodefense Analysis and Countermeasures Center... 87,481 ................ 35,000
Nuclear and radiological countermeasures.................. 126,251 129,300 127,810
Chemical countermeasures.................................. 51,693 53,000 52,400
High explosives countermeasures........................... 9,444 9,700 33,590
Threat and vulnerability, testing and assessment.......... 92,948 101,900 68,100
Conventional missions in support of DHS................... 33,799 34,000 34,000
Additional program consolidations..................... ................ \2\ 24,150 \3\ 10,650
Rapid prototyping program................................. 74,558 76,000 75,120
Standards................................................. 38,770 39,699 39,239
Emerging threats.......................................... 20,876 21,000 10,750
Critical infrastructure protection........................ \4\ 66,108 ................ 14,830
University programs/homeland security fellowship programs. 69,587 30,000 69,048
Counter-MANPADS........................................... ( \5\ ) 61,000 61,000
SAFETY Act................................................ ................ ( \6\ ) 10,000
Cyber security............................................ ( \7\ ) ( \7\ ) 17,800
Interoperability and communications....................... ................ ................ 11,000
-----------------------------------------------------
Total, Research, Development, Acquisition and 868,844 986,749 1,016,647
Operations.........................................
----------------------------------------------------------------------------------------------------------------
\1\ Includes 0.59 percent rescission pursuant to Public Law 108-199.
\2\ Includes proposed increase of $10,000,000 for Federal Air Marshals research and development; $650,000 for
Emergency Preparedness and Response; and $13,500,000 for Coast Guard research and development.
\3\ Includes $10,000,000 for Federal Air Marshals research and development and $650,000 for Emergency
Preparedness and Response.
\4\ Includes $60,640,000 for counter-MANPADS.
\5\ Funded in fiscal year 2004 under ``critical infrastructure protection'' subactivity.
\6\ Funding of $10,000,000 proposed through across-the-board assessment on all Science and Technology
portfolios.
\7\ Funded and requested in ``threat and vulnerability, testing and assessment'' subactivity.
Biological Countermeasures.--The Committee provides
$346,310,000 for the deployment of effective measures to deter,
detect, and mitigate acts of biological terrorism against the
United States population, infrastructure, or agricultural
system. Biological countermeasures are being developed to
examine alternative architectures to provide for technology
development and to assess the performance of prototypes and
test systems for continued improvement as larger scale systems
are deployed.
Within the funds made available for biological
countermeasures, the Committee provides $118,000,000, including
an increase of $65,000,000 from the fiscal year 2004 level, for
the integrated biosurveillance initiative. This amount includes
funding to significantly expand the BioWatch program by
increasing the number of sample collectors in the highest
threat cities. The Committee is aware of the aerosolized
biological surveillance currently in place in several major,
high threat cities and expects S&T; to expand surveillance in
public transit systems, airports, stadiums, and other public
areas in these cities that could be subject to a biological
attack. Funds are also provided for biosurveillance for the
pilot of a BioWarning and Incident Characterization System in
two BioWatch cities to integrate BioWatch data with medical
surveillance and intelligence data, and with hazard prediction
tools to provide decision makers not only with the earliest
possible warning of an attack but also to provide a situational
awareness to guide initial response actions. The Committee also
provides funding for advanced rapid detection systems in
support of next generation BioWatch systems and research and
development on detection systems for the monitoring of critical
food nodes.
The Committee includes $34,900,000, an increase of
$14,900,000 from the fiscal year 2004 level, of which
$12,900,000 is made available to correct physical security
deficiencies at the Plum Island Animal Disease Center
identified in the September 2003 General Accounting Office
report.
National Biodefense Analysis and Countermeasures Center.--
The Committee provides $35,000,000 for final year construction
funding of the National Biodefense Analysis Countermeasures
Center [NBACC] to provide coordination of applied technology
programs through interagency partnering to avoid unnecessary
duplication and maximize partner laboratory contributions.
Funding in the amount of $86,804,000 was provided in fiscal
year 2004 for construction of the NBACC and $5,000,000 was
provided in fiscal year 2003 for construction planning. The
NBACC hub will serve as the Department of Homeland Security
component of the Fort Detrick, Maryland, biodefense campus,
partnering with the Department of Defense, the Federal Bureau
of Investigation, the Intelligence Community, the National
Institutes of Health, and the United States Department of
Agriculture.
Nuclear and Radiological Countermeasures.--The Committee
provides $127,810,000 to rapidly develop and transition
enhanced capability to deployed detectors and systems and to
rapidly incorporate recent advances in prototype technologies
into the near commercial assistance of radiological and nuclear
detectors and systems for use in operational environments.
Existing technologies being deployed by agencies at ports-
of-entry, including the United States Coast Guard [USCG] and
the Bureau of Customs and Border Protection, provide an
effective nuclear countermeasure system. However, continued
focused development can considerably extend these capabilities
in order to develop technologies for application to specific
locations, including those in the intermodal transportation
system, in the maritime domain, at border ports-of-entry, and
in the aviation industry. The Committee expects a significant
expansion of the Countermeasures Test Bed being conducted with
the Port Authority of New York and New Jersey in testing
technologies to detect radiation/nuclear threats to include
railway, general aviation facility monitoring, expanded
roadways coverage, and an additional seaport.
The Committee is aware of technology proposals developed
with national laboratories to facilitate the inspection of
containerized cargo for fissile materials as a part of the
normal off-loading process at the Nation's seaports. The
Committee understands this process would not increase normal
cargo off-loading process time and would provide a detection
capability not currently in place. The Committee encourages the
Department to investigate the feasibility of such technology as
a part of its efforts to secure our Nation's ports.
Chemical Countermeasures.--The Committee provides
$52,400,000 for the development and demonstration of
technologies and systems necessary for defense of civilian
populations from attacks with chemical warfare agents or toxic
industrial chemicals. Funding is provided for the continuation
of research and development on the numerous chemical threats
and targets, development and testing of new detection and
forensic technologies, and development of integrated protective
systems for high-value facilities including airports, subways,
and railways.
The Committee expects S&T; to build upon the significant
amount of work already carried out by the Department of Defense
on chemical protection and to incorporate next-generation
detection technologies and lessons previously learned to
advance and implement facilities protection architectures.
The Committee is aware of S&T;'s intention to integrate
chemical, biological, nuclear, and radiological [CBNR]
countermeasure detection devices to counteract all CBNR threats
within focused regional areas. The Committee encourages the
Under Secretary for Science and Technology to build on current
research and development efforts to support a pilot program for
advanced weapons of mass destruction detection and a high-
speed, high-volume alert system at multiple regional locations
in order to advance preparedness and response.
High Explosives Countermeasures.--The Committee provides
$33,590,000 to significantly increase the probability of
interdicting an explosives attack on buildings, all modes of
transportation, critical infrastructure, and the Nation's
civilian population, an increase of $23,890,000 from the budget
request. The additional amount provided for high explosives
countermeasures is to develop and conduct simulated real-world
exercises to validate a training program for the use of
commercially-available equipment against suicide bombers in
commuter and passenger rail environments. Funding is provided
to disseminate this training package to local law enforcement
to provide recommended equipment and operational procedures.
Prototype detection systems are to be developed with the
funding made available to significantly improve the ability of
law enforcement to detect potential suicide bombers at a
distance, and to disrupt their operations while minimizing risk
to law enforcement and the general population. The Committee
directs that initial test and evaluation of those systems to be
conducted, and systems down selected for further development.
In addition, the Committee expects commercially available
systems for rail track surveillance and limited transgression
detection capability to be operationally evaluated at
particularly vulnerable locations.
Threat and Vulnerability, Testing and Assessment.--The
Committee provides $68,100,000 to evaluate extensive amounts of
diverse threat information; detect and document terrorist
intent; couple threat information with knowledge of complex,
interdependent critical infrastructure vulnerabilities; conduct
risk assessments; draw timely insights; and distribute warnings
from the information.
Funding of $17,800,000 for cyber security and $14,830,000
for critical infrastructure protection requested in threat and
vulnerability, testing and assessment are funded in separate
subactivities of this account.
Conventional Missions in Support of the Department of
Homeland Security.--The Committee recommends $44,650,000 for
coordination and integration of research, development,
demonstration, testing, and evaluation activities to support
conventional missions of the Department and to reduce the
possibility of duplication and redundancy. This amount includes
an increase of $10,650,000 for the further consolidation of
research, development, testing, and evaluation activities
conducted within the Department.
The Committee recommends that the funding provided for
support activities be distributed as follows: $9,000,000 for
Emergency Preparedness and Response [EP&R;]/State and Local
research and development to strengthen the ability of first
responders to rapidly deploy and mitigate any attack or natural
disaster; $23,000,000 for Border and Transportation Security
support/Immigration and Customs Enforcement [ICE] research and
development to focus on preventing terrorists and terrorist
weapons from entering the United States; $2,000,000 for
research and development to support the United States Secret
Service [USSS] to prevent attacks on protectees and high-
visibility venues; $10,000,000 to support ICE Federal Air
Marshal Service [FAMS] Air-to-Ground Communication System
prototype development to enhance aviation security and the FAMs
ability to conduct operations while in the aircraft; and
$650,000 to support EP&R;'s research, development, testing, and
evaluation of United States Fire Administration activities.
The Committee does not provide funding for the requested
transfer of the USCG research and development activities to the
S&T.; Funding for the support of operations and maintenance and
for salaries of assigned science staff for the USCG Research
and Development Center is provided in the USCG ``Research,
Development, Test, and Evaluation'' account. The Committee
expects the Under Secretary of Science and Technology to
continue to coordinate collaborative research and development
activities with the Commandant of the United States Coast
Guard.
The Committee also expects the Under Secretary of Science
and Technology to provide the USCG Research and Development
Center with continued opportunities to compete for Science and
Technology funding.
Rapid Prototyping.--The Committee recommends $75,120,000
for research, development, testing, evaluation and timely
transition of homeland security capabilities to Federal, State,
and local operational end-users. The Committee expects the
rapid prototyping program to continue to provide a mechanism
for accelerated development of technologies relevant to
homeland security by accelerating the time to develop and
commercialize relevant technologies in order to provide the
operational end-user the ability to prevent terrorist attacks,
reduce the Nation's vulnerability, and minimize the damage and
assistance in recovery if attacks occur.
Standards.--The Committee provides $39,239,000 for
development of consistent and verifiable standards in terms of
basic functionality, task appropriateness and adequacy,
interoperability, efficiency, and sustainability to improve the
quality and usefulness of homeland security systems and
technologies by actively engaging the Federal, State, and local
first responder.
The Committee expects standards development and
implementation projects for biological, chemical, high
explosives, nuclear and radiological, terrorist intent, cyber
security, and critical infrastructure protection to develop
guidelines as a collaborative effort among vulnerability
analysts, tool developers, users, and standards experts.
Emerging Threats.--The Committee provides $10,750,000 to
develop the capability to use innovative, crosscutting, out-of-
the-box approaches for identifying, anticipating, and
responding to new and emerging threats. The Committee expects
S&T; to leverage activities implemented in fiscal year 2004 that
established partnerships with the Intelligence Community and
with the USSS in order to leverage ongoing activities in
support of over-the-horizon assessment and continue to focus on
developing the capability to use these approaches for
anticipating and responding to new and emerging threats and to
develop revolutionary technologies to combat them.
Critical Infrastructure Protection.--The Committee provides
$14,830,000 to significantly improve the capabilities of the
Nation to physically protect its critical infrastructure and
key assets and to develop design concepts for advanced
infrastructure systems that are inherently more robust and
resilient, self defending, and self correcting.
The Committee consolidates funding for critical
infrastructure protection previously provided in threat and
vulnerability, testing and assessment.
University Programs/Homeland Security Fellowship
Programs.--The Committee provides $69,048,000, an increase of
$39,048,000 from the budget request, to fund existing and
future Homeland Security Centers of excellence and to continue
the university fellows program. The Committee encourages the
Department to consider all colleges and universities that meet
the requirements of 6 U.S.C. 188 in the selection of
university-based centers, including historically black colleges
and universities, tribal colleges, Hispanic-serving
institutions, Native Hawaiian-serving institutions, and Alaskan
Native-serving institutions.
Counter Man-Portable Air Defense Systems.--The Committee
provides $61,000,000, as requested in the budget, for systems
development, aircraft integration analysis, and modeling and
simulation performance assessment to protect the Nation's
commercial aircraft against the threat of man-portable air
defense systems [MANPADS]. Funding is made available to
continue Phase II of the counter-MANPADS Program, to include
development of prototype demonstrations using existing military
or commercial technology which will be subjected to a rigorous
test and evaluation process.
The Committee expects the counter-MANPADS Special Program
Office to continue coordination with the Department of Defense,
Transportation Security Administration, Department of State,
Department of Treasury, and the Federal Aviation Administration
to support the Department's efforts to adapt existing military
technology for use in commercial aviation.
SAFETY Act.--The Committee provides $10,000,000 for the
development of a comprehensive program to solicit, receive,
track, evaluate, and maintain records associated with the
Support Anti-terrorism by Fostering Effective Technologies
[SAFETY] Act technology applications. The Department funded the
SAFETY Act Office for fiscal year 2004 from funds made
available from other S&T; portfolios.
Cyber Security.--The Committee provides $17,800,000 for
research and development of the most appropriate technologies
for next generation cyber threat characterization, cyber threat
detection, and cyber threat origination.
The Committee expects that cyber security efforts for
critical infrastructure protection and homeland security needs
will be coordinated with the National Cyber Security Division
and the National Communications System, as well as with
external stakeholders.
Interoperability and Communications.--The Committee
provides an increase of $11,000,000 from the fiscal year 2004
and budget request levels, for public safety communications and
interoperability.
The Wireless Public SAFEty Interoperability COMmunications
[SAFECOM] Program, is the umbrella initiative to coordinate all
Federal, State, local, and tribal users to achieve national
wireless communications interoperability.
The lack of true interoperability within public safety
communications remains a critical stumbling block to effective
response in multi-discipline, multi-jurisdictional emergencies.
Under the auspices of the Association of Public Safety
Communications Officers, the public safety community has worked
cooperatively with the private sector to develop open
architecture standards for voice communications, known as
Project 25.
The timely completion of the Project 25 standards for all
of the relevant communications systems equipment is essential
to the public safety community. The Committee is concerned that
the functional standards that specify key Project 25 system
interfaces (such as the Inter-RF Subsystem Interface, Console
Interface, and the Fixed Station Interface) have not been
developed or approved, as well as the standards that define how
the interfaces should be tested and evaluated.
The Committee encourages the SAFECOM Program to work with
the Office of Law Enforcement Standards of the National
Institute of Standards and Technology and the Department of
Justice to consider the issuance of interim standards that can
be used to specify the required functionality and testing
validation characteristics.
TITLE V--GENERAL PROVISIONS
Section 501. The Committee includes a provision limiting
the expenditure of funds to the current fiscal year unless
expressly provided otherwise in the Act.
Section 502. The Committee includes a provision providing
authority to reprogram appropriations within an account and to
transfer not to exceed 5 percent between appropriations
accounts with 15-day advance notification of the Committees on
Appropriations.
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
Committee should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing (full-time equivalent position)
levels for the current fiscal year and to the levels requested
in the President's budget for the following fiscal year.
The Committee expects the Department to manage its programs
and activities within the levels appropriated. The Committee is
concerned with the number of reprogramming proposals submitted
for consideration by the Department and 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. Further, the Committee
notes that 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.
This Committee would also like to clarify that this section
applies to the Department's Working Capital Fund and that no
funds may be obligated from the Working Capital Fund to fund
programs, projects or activities for which appropriations have
been specifically rejected by the Congress, to initiate new
programs or activities, or to augment the funds or personnel
for any program, project, or activity above the levels
appropriated by this Act.
The Department is not to propose a reprogramming or
transfer of funds within 45 days of the end of the fiscal year
unless there are exceptional or emergency circumstances.
Section 503. The Committee includes a provision making not
to exceed 50 percent of unobligated balances remaining at the
end of the fiscal year 2005 from appropriations for salaries
and expenses available through fiscal year 2006 in the account
and for the purpose for which the funds were provided, and the
obligation of such funds subject to the statutory requirements
for the reprogramming of funds.
Section 504. The Committee includes a provision providing
that funds made available by the Act for intelligence
activities are deemed to be specifically authorized until the
enactment of an Act authorizing intelligence activities for
fiscal year 2005.
Section 505. The Committee includes a provision directing
the Federal Law Enforcement Training Center to establish an
accrediting body to establish standards for measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Section 506. The Committee includes a provision requiring
notification of the Committees on Appropriations at least three
business days in advance of the Department announcement of any
grant allocation, discretionary grant award, or letter of
intent, or contract totaling in excess of $1,000,000.
Section 507. The Committee includes a provision that, with
certain specific exceptions, no agency shall purchase,
construct, or lease additional facilities for the purpose of
conducting Federal law enforcement training without the advance
approval of the Committees on Appropriations.
Section 508. The Committee includes a provision requiring
the Director of the Federal Law Enforcement Training Center to
ensure that all training facilities are operated at the highest
capacity throughout the fiscal year.
Section 509. The Committee includes a provision prohibiting
the use of funds for any construction, repair, alteration, or
acquisition project for which a prospectus, if required by the
Public Buildings Act of 1959, has not been approved.
Section 510. The Committee includes a provision prohibiting
funds from being used to require airport sponsors to provide
building modifications, utilities and expenses, or space to the
Transportation Security Administration without cost for
services related to aviation security, unless an agreement has
been reached on ``below-market'' rates, or the space is
necessary for security checkpoints.
Section 511. The Committee includes a provision prohibiting
the use of funds in contravention of the Buy American Act.
Section 512. The Committee includes a provision regarding
the inspection of air cargo.
Section 513. The Committee includes a provision requiring
15 days advance notification prior to contracting out of a
funded full-time equivalent position. The Department is to
provide a report to the Committee by February 8, 2005,
identifying any funded full-time equivalent positions of the
Department which were filled by contractors during fiscal year
2004.
Section 514. The Committee includes a provision to prohibit
the obligation of funds for the Computer Assisted Passenger
Pre-screening System until a study by the General Accounting
Office is submitted to the Committees on Appropriations.
PROGRAM, PROJECT, AND ACTIVITY
The following information provides the definition of the
term ``program, project, and activity'' for the directorates,
bureaus, agencies, and other organizations 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, 2005, 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, directorates, bureaus, agencies, and other
organizations of the Department of Homeland Security shall
apply any percentage reduction required for fiscal year 2005 to
all items specified in the justifications submitted to the
Committees on Appropriations of the House and Senate in support
of the fiscal year 2005 budget estimates, as amended, for such
organizations and directorates, 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 recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2005:
Department-Wide Technology Investments;
Customs and Border Protection, Salaries and Expenses,
Automation Modernization, Construction;
Immigration and Customs Enforcement, Salaries and Expenses,
Federal Air Marshals, Air and Marine Operations, Automation
Modernization, Construction;
United States Coast Guard, Operating Expenses;
Environmental Compliance and Restoration; Reserve training;
Acquisition, Construction, and Improvements; and Retired Pay;
Counterterrorism Fund;
Federal Law Enforcement Training Center, Salaries and
Expenses; and Acquisitions, Construction, and Improvements;
Office of State and Local Government Coordination and
Preparedness, Management and Administration, State and Local
Programs;
Emergency Preparedness and Response, Preparedness,
Mitigation, Response, and Recovery; Flood Map Modernization
Fund; Mitigation Grants; Emergency Food and Shelter; and
National Flood Insurance Fund;
Citizenship and Immigration Services;
Information Analysis and Infrastructure Protection,
Management and Administration; Assessments and Evaluations; and
Science and Technology, Management and Administration;
Research, Development, Acquisition and Operations.
COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on June 17, 2004,
the Committee ordered reported S. 2537, an original bill making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2005, subject to amendment, by
a recorded vote of 29-0, a quorum being present. The vote was
as follows:
Yeas Nays
Chairman Stevens
Mr. Cochran
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Burns
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Campbell
Mr. Craig
Mrs. Hutchison
Mr. DeWine
Mr. Brownback
Mr. Byrd
Mr. Inouye
Mr. Hollings
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Reid
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
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.
With respect to this bill, no changes are required to be
reported.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount of Committee Amount of
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees of amounts in the Budget Resolution
for 2005: Subcommittee on Homeland Security
Discretionary........................................... NA 32,000 NA 29,729
Mandatory............................................... NA 867 NA 863
Projection of outlays associated with the recommendation:
2005.................................................... ........... ........... ........... 18,383
2006.................................................... ........... ........... ........... 6,327
2007.................................................... ........... ........... ........... 2,704
2008.................................................... ........... ........... ........... 1,002
2009 and future years................................... ........... ........... ........... 628
Financial assistance to State and local governments for NA 5,855 NA 771
2005.......................................................
----------------------------------------------------------------------------------------------------------------
\1\ Includes outlays from prior-year budget authority.
\2\ Excludes outlays from prior-year budget authority.
NA: Not applicable.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2004 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2005
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with budget estimate (+
2004 Committee or -)
Item appropriation Budget estimate recommendation -----------------------------------
2004
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
Office of the Secretary and Executive Management.............. 80,317 102,623 82,206 +1,889 -20,417
Office of the Under Secretary for Management.................. 130,210 302,664 245,579 +115,369 -57,085
-----------------------------------------------------------------------------------------
Total, Departmental operations.......................... 210,527 405,287 327,785 +117,258 -77,502
Department-wide technology investments........................ 183,784 226,000 222,000 +38,216 -4,000
Office of Inspector General
Operating expenses............................................ 58,318 82,317 82,317 +23,999 ................
(By transfer)............................................. (22,000) ................ ................ (-22,000) ................
-----------------------------------------------------------------------------------------
Total, Office of Inspector General...................... (80,318) (82,317) (82,317) (+1,999) ................
=========================================================================================
Total, title I, Departmental Management and Operations:
New budget (obligational) authority................. 452,629 713,604 632,102 +179,473 -81,502
(By transfer)....................................... (22,000) ................ ................ (-22,000) ................
=========================================================================================
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
Office of the Under Secretary for Border and Transportation 8,058 10,371 8,864 +806 -1,507
Security.....................................................
U.S. Visitor and Immigrant Status Indicator Technology........ 328,053 340,000 340,000 +11,947 ................
Customs and Border Protection
Salaries and expenses......................................... 4,367,430 4,577,491 4,463,960 +96,530 -113,531
Harbor maintenance fee collection (trust fund)............ 3,000 3,000 3,000 ................ ................
Automation modernization...................................... 438,520 449,909 449,909 +11,389 ................
Construction (border patrol).................................. 89,830 91,718 91,718 +1,888 ................
-----------------------------------------------------------------------------------------
Total, Direct appropriations............................ 4,898,780 5,122,118 5,008,587 +109,807 -113,531
Fee accounts.................................................. (1,126,200) (1,074,000) (1,074,000) (-52,200) ................
-----------------------------------------------------------------------------------------
Total, Customs and border protection.................... (6,024,980) (6,196,118) (6,082,587) (+57,607) (-113,531)
Immigration and Customs Enforcement
Salaries and expenses......................................... 2,138,358 2,370,906 2,413,438 +275,080 +42,532
Rescission................................................ -54,000 ................ ................ +54,000 ................
Federal air marshals.......................................... 622,704 612,900 662,900 +40,196 +50,000
Federal protective service.................................... 424,211 478,000 478,000 +53,789 ................
Offsetting fee collections................................ ................ -478,000 -478,000 -478,000 ................
Automation modernization...................................... 39,764 39,605 39,605 -159 ................
Air and marine interdiction, operations, maintenance, and 208,960 257,535 267,535 +58,575 +10,000
procurement..................................................
Construction.................................................. 26,617 26,179 26,179 -438 ................
-----------------------------------------------------------------------------------------
Total, Direct appropriations............................ 3,406,614 3,307,125 3,409,657 +3,043 +102,532
Fee accounts.................................................. (273,000) (225,375) (250,375) (-22,625) (+25,000)
-----------------------------------------------------------------------------------------
Total, Immigration and customs enforcement.............. (3,679,614) (3,532,500) (3,660,032) (-19,582) (+127,532)
Transportation Security Administration
Aviation security............................................. 3,724,112 4,238,164 4,386,083 +661,971 +147,919
Maritime and land security.................................... 261,449 29,000 44,000 -217,449 +15,000
Credentialing activities...................................... ................ 67,000 67,000 +67,000 ................
Intelligence.................................................. 13,520 14,000 14,000 +480 ................
Research and development...................................... 154,285 154,000 181,000 +26,715 +27,000
Administration................................................ 424,679 539,852 534,852 +110,173 -5,000
Aviation security capital fund................................ ................ (250,000) (250,000) (+250,000) ................
-----------------------------------------------------------------------------------------
Subtotal, Transportation Security Administration (gross) 4,578,045 5,042,016 5,226,935 +648,890 +184,919
Offsetting fee collections:
Aviation security fees.................................... -2,070,000 -2,223,000 -1,823,000 +247,000 +400,000
Credentialing fees........................................ ................ -67,000 -67,000 -67,000 ................
-----------------------------------------------------------------------------------------
Subtotal, offsetting collections........................ -2,070,000 -2,290,000 -1,890,000 +180,000 +400,000
-----------------------------------------------------------------------------------------
Total, Transportation Security Administration (net)..... 2,508,045 2,752,016 3,336,935 +828,890 +584,919
United States Coast Guard
Operating expenses............................................ 4,347,256 4,833,220 4,063,220 -284,036 -770,000
Defense function.......................................... 337,994 340,000 1,090,000 +752,006 +750,000
(By transfer from the Defense Bill)....................... ................ ................ ................ ................ ................
Emergency appropriations (Public Law 108-106)............. 23,183 ................ ................ -23,183 ................
Rescissions............................................... -71,000 ................ ................ +71,000 ................
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Subtotal, Operating expenses............................ 4,637,433 5,173,220 5,153,220 +515,787 -20,000
Environmental compliance and restoration...................... 16,900 17,000 17,000 +100 ................
Reserve training.............................................. 94,440 117,000 117,000 +22,560 ................
Acquisition, construction, and improvements................... 961,492 942,550 1,062,550 +101,058 +120,000
Alteration of bridges......................................... 19,136 ................ 15,400 -3,736 +15,400
Research, development, test, and evaluation................... 14,912 ................ 18,500 +3,588 +18,500
-----------------------------------------------------------------------------------------
Subtotal, U.S. Coast Guard discretionary................ 5,744,313 6,249,770 6,383,670 +639,357 +133,900
Retired pay (mandatory)....................................... 1,020,000 1,085,460 1,085,460 +65,460 ................
-----------------------------------------------------------------------------------------
Total, United States Coast Guard........................ 6,764,313 7,335,230 7,469,130 +704,817 +133,900
United States Secret Service
Salaries and expenses......................................... 1,130,570 1,159,125 1,159,125 +28,555 ................
Acquisition, construction, improvements, and related expenses. 3,558 3,633 3,633 +75 ................
-----------------------------------------------------------------------------------------
Total, United States Secret Service..................... 1,134,128 1,162,758 1,162,758 +28,630 ................
=========================================================================================
Total, title II, Security, Enforcement, and
Investigations:
New budget (obligational) authority................. 19,047,991 20,029,618 20,735,931 +1,687,940 +706,313
Appropriations.................................. (19,149,808) (20,029,618) (20,735,931) (+1,586,123) (+706,313)
Emergency appropriations........................ (23,183) ................ ................ (-23,183) ................
Rescissions..................................... (-125,000) ................ ................ (+125,000) ................
=========================================================================================
TITLE III--PREPAREDNESS AND RECOVERY
Office for State and Local Government Coordination and
Preparedness
Salaries and expenses......................................... ................ ................ 25,000 +25,000 +25,000
State and local programs...................................... 3,267,608 3,061,255 2,845,081 -422,527 -216,174
Firefighter assistance grants................................. 745,575 500,000 700,000 -45,575 +200,000
Emergency management planning grants.......................... ................ ................ 180,000 +180,000 +180,000
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Total, Office of State and Local Government Coordination 4,013,183 3,561,255 3,750,081 -263,102 +188,826
and Preparedness.......................................
Counterterrorism fund......................................... 9,941 20,000 10,000 +59 -10,000
Emergency Preparedness and Response
Office of the Under Secretary for Emergency Preparedness and 3,430 4,211 4,211 +781 ................
Response.....................................................
Operating expenses (rescission)............................... -3,000 ................ ................ +3,000 ................
Preparedness, mitigation, response, and recovery.............. 223,673 208,499 231,499 +7,826 +23,000
Administrative and regional operations........................ 166,015 146,939 146,939 -19,076 ................
Defense function.......................................... ................ 50,000 50,000 +50,000 ................
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Subtotal, Administrative and regional operations........ 166,015 196,939 196,939 +30,924 ................
Public health programs........................................ 481,144 34,000 34,000 -447,144 ................
Biodefense countermeasures.................................... 884,749 ................ ................ -884,749 ................
Advance appropriations.................................... 4,703,000 ................ ................ -4,703,000 ................
Advance appropriations, fiscal year 2005.................. ................ 2,528,000 2,528,000 +2,528,000 ................
-----------------------------------------------------------------------------------------
Subtotal, Biodefense countermeasures.................... 5,587,749 2,528,000 2,528,000 -3,059,749 ................
Disaster relief............................................... 1,789,380 2,151,000 2,151,000 +361,620 ................
(Transfer to Office of the Inspector General)............. (-22,000) ................ ................ (+22,000) ................
Emergency appropriations (Public Law 108-106)............. 500,000 ................ ................ -500,000 ................
Emergency rescission (Public Law 108-199)................. -225,000 ................ ................ +225,000 ................
Disaster assistance direct loan program account:
(Limitation on direct loans).............................. (25,000) (25,000) (25,000) ................ ................
Administrative expenses................................... 557 567 567 +10 ................
Flood map modernization fund.................................. 198,820 200,000 200,000 +1,180 ................
Radiological emergency preparedness program................... ................ -1,000 -1,000 -1,000 ................
National flood insurance fund:
Salaries and expenses..................................... 32,663 33,336 33,336 +673 ................
Flood mitigation.......................................... 77,809 79,257 79,257 +1,448 ................
Offsetting fee collections................................ ................ -112,593 -112,593 -112,593 ................
(Transfer to Mitigation grants)........................... ................ (-20,000) (-20,000) (-20,000) ................
(Transfer to National flood mitigation fund).............. (-20,000) ................ ................ (+20,000) ................
-----------------------------------------------------------------------------------------
Subtotal, National flood insurance fund................. 110,472 ................ ................ -110,472 ................
National flood mitigation fund (by transfer).................. (20,000) ................ ................ (-20,000) ................
National pre-disaster mitigation fund......................... 149,115 ................ ................ -149,115 ................
Mitigation grants............................................. ................ 150,000 150,000 +150,000 ................
(By transfer)............................................. ................ (20,000) (20,000) (+20,000) ................
-----------------------------------------------------------------------------------------
Subtotal, Mitigation grants............................. ................ (170,000) (170,000) (+170,000) ................
Emergency management performance grants....................... 178,938 ................ ................ -178,938 ................
Emergency food and shelter.................................... 152,097 153,000 153,000 +903 ................
Cerro Grande fire claims...................................... 37,837 ................ ................ -37,837 ................
-----------------------------------------------------------------------------------------
Total, Emergency Preparedness and Response.............. 9,351,227 5,625,216 5,648,216 -3,703,011 +23,000
=========================================================================================
Total, title III, Preparedness and Recovery:
New budget (obligational) authority................. 13,374,351 9,206,471 9,408,297 -3,966,054 +201,826
Appropriations.................................. (8,399,351) (6,678,471) (6,880,297) (-1,519,054) (+201,826)
Emergency appropriations........................ (500,000) ................ ................ (-500,000) ................
Advance appropriations.......................... (4,703,000) (2,528,000) (2,528,000) (-2,175,000) ................
Rescissions..................................... (-3,000) ................ ................ (+3,000) ................
Emergency rescissions........................... (-225,000) ................ ................ (+225,000) ................
(Limitation on direct loans)........................ (25,000) (25,000) (25,000) ................ ................
(Transfer out)...................................... (-42,000) (-20,000) (-20,000) (+22,000) ................
(By transfer)....................................... (20,000) (20,000) (20,000) ................ ................
=========================================================================================
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, AND
SERVICES
Citizenship and Immigration Services
Operating expenses............................................ 234,733 140,000 140,000 -94,733 ................
Fee accounts.............................................. (1,564,000) (1,571,000) (1,546,000) (-18,000) (-25,000)
-----------------------------------------------------------------------------------------
Total, Citizenship and immigration services............. (1,798,733) (1,711,000) (1,686,000) (-112,733) (-25,000)
Federal Law Enforcement Training Center
Salaries and expenses......................................... 154,506 158,440 181,440 +26,934 +23,000
Acquisition, construction, improvements, and related expenses. 37,137 37,917 42,917 +5,780 +5,000
-----------------------------------------------------------------------------------------
Total, Federal Law Enforcement Training Center.......... 191,643 196,357 224,357 +32,714 +28,000
Information Analysis and Infrastructure Protection
Management and administration................................. 124,263 162,064 157,064 +32,801 -5,000
Assessments and evaluations................................... 710,084 561,758 577,758 -132,326 +16,000
Defense function.......................................... ................ 140,754 140,754 +140,754 ................
-----------------------------------------------------------------------------------------
Subtotal, Assessments and evaluations................... 710,084 702,512 718,512 +8,428 +16,000
-----------------------------------------------------------------------------------------
Total, Information Analysis and Infrastructure 834,347 864,576 875,576 +41,229 +11,000
Protection.............................................
Science and Technology
Management and administration................................. 43,908 52,550 52,550 +8,642 ................
Research, development, acquisition, and operations............ 868,844 579,749 630,647 -238,197 +50,898
Defense function.......................................... ................ 407,000 386,000 +386,000 -21,000
-----------------------------------------------------------------------------------------
Subtotal, Research, development, acquisition, and 868,844 986,749 1,016,647 +147,803 +29,898
operations.............................................
-----------------------------------------------------------------------------------------
Total, Science and Technology........................... 912,752 1,039,299 1,069,197 +156,445 +29,898
=========================================================================================
Total, title IV, Research and Development, Training,
Assessments, and Services:
New budget (obligational) authority................. 2,173,475 2,240,232 2,309,130 +135,655 +68,898
=========================================================================================
Grand total, Department of Homeland Security:
New budget (obligational) authority................. 35,048,446 32,189,925 33,085,460 -1,962,986 +895,535
Appropriations.................................. (30,175,263) (29,661,925) (30,557,460) (+382,197) (+895,535)
Emergency appropriations........................ (523,183) ................ ................ (-523,183) ................
Advance appropriations.......................... (4,703,000) (2,528,000) (2,528,000) (-2,175,000) ................
Rescissions..................................... (-128,000) ................ ................ (+128,000) ................
Emergency rescissions........................... (-225,000) ................ ................ (+225,000) ................
(Limitation on direct loans)........................ (25,000) (25,000) (25,000) ................ ................
(Transfer out)...................................... (-42,000) (-20,000) (-20,000) (+22,000) ................
(By transfer)....................................... (42,000) (20,000) (20,000) (-22,000) ................
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