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Calendar No. 204
110th Congress Report
SENATE
1st Session 110-84
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2008
_______
June 18, 2007.--Ordered to be printed
_______
Mr. Byrd, from the Committee on Appropriations,
submitted the following
R E P O R T
[To accompany S. 1644]
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,
2008, 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. 1644)
making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2008, and for other
purposes, reports favorably thereon and recommends that the
bill do pass.
Total obligational authority, fiscal year 2008
Total of bill as reported to the Senate \1\ \2\......... $37,623,424,000
Amount of 2007 appropriations \3\....................... 34,797,323,000
Amount of 2008 budget estimate \2\...................... 35,373,333,000
Bill as recommended to Senate compared to--
2007 appropriations................................. +2,826,101,000
2008 budget estimate................................ +2,250,091,000
\1\ Includes $101,787,000 in rescissions.
\2\ Includes $272,111,000 a permanent indefinite appropriation for the
Coast Guard health care fund contribution and $48,787,000 in
rescissions.
\3\ Excludes $5,510,000,000 of emergency appropriations contained in the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28). Includes
$1,829,000,000 of emergency appropriations contained in Public Law 109-
295 for border security and the United States Coast Guard; includes
$278,704,000 as a permanent indefinite appropriation for United States
Coast Guard health care fund contributions; and includes $313,005,000 of
rescissions. Excludes a rescission of $30,900,000 pursuant to Public Law
110-28.
C O N T E N T S
----------
DEPARTMENT OF HOMELAND SECURITY
Page
Overview and Summary of the Bill................................. 4
Transparency in Congressional Directives......................... 9
Title I:
Departmental Management and Operations:
Office of the Secretary and Executive Management......... 10
Office of the Under Secretary for Management............. 16
Office of the Chief Financial Officer.................... 20
Office of the Chief Information Officer.................. 21
Analysis and Operations.................................. 23
Office of the Federal Coordinator for Gulf Goast
Rebuilding............................................. 24
Office of Inspector General.............................. 25
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Salaries and Expenses................................ 27
Automation Modernization............................. 35
Border Security Fencing, Infrastructure, and
Technology......................................... 37
Air and Marine Interdiction, Operations, Maintenance,
and Procurement.................................... 38
Construction......................................... 40
U.S. Immigration and Customs Enforcement:
Salaries and Expenses................................ 42
Federal Protective Service........................... 49
Automation Modernization............................. 50
Construction......................................... 51
Transportation Security Administration:
Aviation Security.................................... 52
Surface Transportation Security...................... 60
Transportation Threat Assessment and Credentialing... 61
Transportation Security Support...................... 63
Federal Air Marshals................................. 64
United States Coast Guard:
Operating Expenses................................... 65
Environmental Compliance and Restoration............. 71
Reserve Training..................................... 71
Acquisition, Construction, and Improvements.......... 72
Alteration of Bridges................................ 76
Research, Development, Test, and Evaluation.......... 76
Retired Pay.......................................... 77
United States Secret Service:
Salaries and Expenses................................ 77
Acquisition, Construction, Improvements, and Related
Ex-
penses............................................. 80
Title III:
Protection, Preparedness, Response, and Recovery:
National Protection and Programs Directorate:
Management and Administration........................ 82
Infrastructure Protection and Information Security... 83
United States Visitor and Immigrant Status Indicator
Technology......................................... 86
Office of Health Affairs................................. 87
Federal Emergency Management Agency:
Management and Administration........................ 90
State and Local Programs............................. 95
Firefighter Assistance Grants........................ 101
Emergency Management Performance Grants.............. 101
Radiological Emergency Preparedness Program.......... 102
United States Fire Administration.................... 103
Disaster Relief...................................... 103
Disaster Assistance Direct Loan Program Account...... 104
Flood Map Modernization Fund......................... 105
National Flood Insurance Fund........................ 106
National Flood Mitigation Fund....................... 106
National Pre-Disaster Mitigation Fund................ 107
Emergency Food and Shelter........................... 107
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services....... 108
Federal Law Enforcement Training Center:
Salaries and Expenses................................ 111
Acquisition, Construction, Improvements, and Related
Expen-
ses................................................ 112
Science and Technology:
Management and Administration........................ 112
Research, Development, Acquisition, and Operations... 113
Domestic Nuclear Detection Office:
Management and Administration........................ 119
Research, Development, and Operations................ 120
Systems Acquisition.................................. 121
Title V:.........................................................
General Provisions........................................... 123
Program, Project, and Activity................................... 126
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 127
Compliance With Paragraph 7(C), Rule XXVI of the Standing Rules
of the Senate.................................................. 128
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 129
OVERVIEW AND SUMMARY OF THE BILL
------------------------------------------------------------------------
Fiscal year 2008
Fiscal year 2008 Committee
request recommendation
------------------------------------------------------------------------
Title I--Departmental Management and $1,096,981,000 $1,103,770,000
Operations.........................
Title II--Security, Enforcement, and 26,415,592,000 26,914,220,000
Investigations.....................
Title III--Protection, Preparedness, 6,206,704,000 7,946,369,000
Response, and Recovery.............
Title IV--Research and Development, 1,654,056,000 1,704,065,000
Training, and Services.............
Title V--General Provisions......... ................ -45,000,000
-----------------------------------
Total, new budget 35,373,333,000 37,623,424,000
(obligational authority).....
------------------------------------------------------------------------
The Committee recommends total appropriations of
$37,623,424,000 for the Department of Homeland Security (the
Department) for fiscal year 2007, $2,250,091,000 more than the
budget request. Of this amount, $36,438,704,000 is for
discretionary programs.
ENHANCED SECURITY FOR AMERICANS
In every State of the Union Address since the attacks on 9/
11, the President has raised the specter of another attack. In
January 2007, he said, ``Every success against the terrorists
is a reminder of the shoreless ambitions of this enemy . . . In
the sixth year since our Nation was attacked, I wish I could
report to you that the dangers had ended. They have not.''
Regrettably, the President's budget does not commit
significant resources to address known vulnerabilities in this
country. Moreover, it appears this Department has been far too
reliant on what could be called ``paper security'', instead of
enhanced security. The Department is reliant on standards that
are not enforced and on reports prepared by contractors that
are never executed.
The administration claims the budget request for the
Department of Homeland Security it submitted in February 2007,
represented an 8 percent increase over the previous fiscal
year. That claim can only be found on paper. When you dig
through the details of the President's budget, and truly
understand its consequences, the increase that is proposed for
homeland security is only 1.7 percent. A 1.7 percent increase
does not provide enhanced security for Americans. This bill
provides a real 8 percent increase.
The Committee bill for fiscal year 2008 adds funds to
address known shortfalls and provides enhanced security for
Americans.
Border Security.--Two years ago, on a bipartisan basis, the
Senate began the process of hiring and training a significant
number of Border Patrol agents and immigration investigators.
Despite opposition from the administration to the Senate
amendment, the funds for enhanced border security were enacted
into law. Since 2004, on a bipartisan basis, Congress increased
the number of Border Patrol agents by 4,000, the number of
immigration enforcement personnel by 1,373, and the number of
detention beds by 9,150.
The President's budget for fiscal year 2008 includes
additional resources for improving security at our borders. It
includes an increase of $569,800,000 to hire 3,000 new Border
Patrol agents and support staff, $197,348,000 to annualize the
hiring of prior-year Border Patrol agents, plus over
$100,000,000 for Border Patrol-related construction. The budget
request also includes $1,000,000,000 for border fencing,
infrastructure, and technology. With regard to immigration
enforcement, the President's budget includes an increase of
nearly $118,000,000 over the previous fiscal year, for
enforcement activities such as the Criminal Alien Program,
Border Enforcement Security Task Forces, gang enforcement, and
removal management operations. It also includes an increase of
950 new detention beds. The Committee bill for fiscal year
2008, fully funds these requests.
While the President commits significant resources to border
security, the proposal is neither comprehensive nor
coordinated. It makes no sense to hire 3,000 additional Border
Patrol agents without purchasing detention space to hold
individuals arrested by those agents. The Committee adds
$146,451,000 for 3,050 additional detention beds. With the
4,000 new beds, the Committee's bill supports funding a total
of 31,500 beds in fiscal year 2008. The Committee adds
$10,500,000 above the President's request to expand the number
of Criminal Alien Program teams from 22 in the request to 30;
the number of Fugitive Operations Teams from 75 in the request
to 81; and increases the number of worksite enforcement
positions from 256 to 419. In total, the Committee adds
$239,643,000 and more than 700 positions above the request for
immigration enforcement and detention and removals.
Aviation Security.--In August 2006, after the arrests in
Britain of potential terrorists who plotted to blow up
commercial airliners over the Atlantic Ocean, the Department
elevated the threat risk level in the aviation sector to
orange, or high. It remains there today. Yet, the President's
budget for aviation security fails to address known
vulnerabilities and shortfalls. In fact, the President's budget
proposed to cut funding for purchasing and installing
explosives detection equipment at airports by 17 percent,
despite a $3,690,000,000 need.
The 9/11 Commission Chairman concluded that explosives
detections systems in-line installation, ``will promote greater
security because: screening machines will not be exposed to the
public; screeners will be able to focus on screening bags
rather than moving them; and fewer people will be congregating
around machines in the public area. The Committee provides
$89,400,000 above the request and a total of $529,400,000 to
purchase and install explosives detection equipment at
airports. This amount builds on the $285,000,000 included in
the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28) for this purpose.
Five years since 9/11, the majority of cargo loaded onto
passenger aircraft is not inspected. The Department relies on a
paper process for determining the threat potential of 12,800
facilities where air cargo is consolidated or stored before
being placed onboard aircraft for transport. The U.S. air cargo
supply chain handles more than 50,000 tons of cargo each day,
of which 7,500 tons is carried on domestic passenger aircraft.
The majority of that cargo is not inspected and virtually none
is screened for radiation. To address this vulnerability gap,
the Committee recommendation includes $10,000,000 above the
request to deploy 70 additional canine teams and screening
technology at airports nationwide. When combined with the
$80,000,000 included in Public Law 110-28, these funds will put
DHS on a path to screen all cargo placed on passenger aircraft.
In addition, $20,000,000 above the request is provided to
establish and maintain 20 radiation screening teams at key U.S.
international airports to screen aircraft and cargo.
The majority of the 800,000 airport employees nationwide
are not screened before entering secure areas of the airport.
Recent airport security breaches have highlighted the ongoing
need for stricter screening standards for airport employees. To
address this issue, the Committee recommendation includes
$15,000,000 for TSA to test various screening methods, such as
physical inspection, behavioral recognition, biometric access
control, and deployment of additional technology including
cameras and body imaging.
Other aviation security initiatives above the President's
request include an additional: (1) $4,000,000 to pilot test
improvements in perimeter security at airports; (2) $3,000,000
to develop portable detection systems to screen general
aviation aircraft for radiation; and (3) $10,000,000 to install
radiation portal monitors at five U.S. international airports
to detect radioactive materials carried by passengers on their
persons and carry-on baggage--another unguarded path for
radioactive material to enter our Nation.
Preparing for and Responding to Emergencies and
Disasters.--According to the Department's Nationwide Plan
Review, 61 percent of States and 69 percent of urban areas do
not have adequate plans to respond to a catastrophic event as
the Nation saw in the wake of Hurricane Katrina. Yet, the
President's budget proposes to cut homeland security grants by
$1,190,000,000, including a freeze in funding for Emergency
Management Performance Grants [EMPG]. To provide enhanced
security for Americans, the Committee provides an increase of
$644,000,000 above fiscal year 2007 and $1,834,500,000 above
the President's request for State and local programs. The
Committee approves an increase of $100,000,000 for EMPG and
$50,000,000 for Regional Catastrophic Preparedness Grants to
promote coordinated catastrophic event and mass evacuation
planning.
The President proposes a 45 percent reduction in grants to
fire departments. The President also proposes to eliminate the
program for increasing the number of firefighting personnel.
The Department's own 2006 fire service needs assessment shows
that: 28 percent of firefighters per shift are not equipped
with a self-contained breathing apparatus; fire departments do
not have enough portable radios to equip an estimated 36
percent of emergency responders on a shift; and only 12 percent
of fire departments can handle even a small hazmat/EMS incident
involving chemical or biological agents. The Committee provides
$400,000,000 above the President's request for a total of
$700,000,000 in grants to firefighters.
In recent years, there have been deadly attacks on trains
in London, Madrid, Moscow, Tokyo, and Mumbai, India. Hundreds
of innocent people have lost their lives. The Department has
responded with unenforced paper security policy directives,
small pilot projects, the results of which have not been
applied nationally, and a budget that proposes to fund the mass
transit and rail security program at the original, inadequate
2007 level of $175,000,000. The Committee provides $400,000,000
for mass transit and rail security, more than double the
President's request.
Port Security Enhancements.--With great fanfare, the
President signed the SAFE Port Act of 2006 (Public Law 109-
347). Yet, four months later, the budget request for fiscal
year 2008 included no additional funding to implement its new
requirements. The Committee includes additional funds to
implement SAFE Port Act requirements. For instance, port
security grants are fully funded at $400,000,000, as
authorized. This is an increase of $190,000,000 over the
President's request. Grants will protect citizens and commerce
by funding improvements such as perimeter fencing, underwater
detection capability, and enhanced video surveillance systems
needed to make ports more secure.
To provide enhanced security for Americans, the Committee
provides $6,750,000 above the request to hire an additional 50
supply chain security specialists, as authorized in the SAFE
Port Act. We cannot inspect, on an aggressive and regular
basis, more than 6,100 trading partners in nearly 60 countries
who ship cargo into this country with only 157 supply chain
security specialists. The President did not seek additional
security specialists for fiscal year 2008.
Further enhancing port security, the bill provides
$15,000,000 for the Coast Guard to: (1) double the frequency of
spot checks at 3,200 regulated port facilities nationwide; (2)
conduct vulnerability assessments and studies at high risk
ports; and (3) develop a long-range vessel tracking system.
An additional $15,000,000 above the request is included to
address a shortage of Coast Guard boats and qualified personnel
to secure vessels and waterside facilities that contain
hazardous substances. This funding will allow the Coast Guard
to enforce security zones, protect critical infrastructure, and
provide high interest vessel escorts and boardings. These funds
will help secure vessels carrying dangerous cargo, such as
those carrying liquefied natural gas.
An additional $60,000,000 is provided to fund the
establishment of Coast Guard interagency maritime operational
centers. These centers, authorized by the SAFE Port Act, and
endorsed by the Coast Guard, will improve collection and
coordination of intelligence, increase information sharing, and
unify efforts among participating Federal, State, and local
agencies.
The Transportation Security Administration [TSA] and the
United States Coast Guard are the lead agencies in charge of
issuing transportation worker identification credentials, known
as ``TWIC'' cards, to approximately 750,000 port workers. The
SAFE Port Act required TSA to begin pilot testing card reader
technology at five ports by April 2007, to assess the business
process, technology, and operational impacts required to deploy
transportation security card readers nationwide. No funding was
included in the budget request to implement the pilot program.
An increase of $15,000,000 is provided for ports to begin
deploying TWIC card readers as authorized.
Weapons of Mass Destruction.--The administration and
Congress alike have focused on making sure shipping containers
entering the country are scanned for radiation. DHS estimates
by the end of 2008, 98 percent of containerized cargo will be
scanned. Public Law 110-28 provides an additional $100,000,000
for further deployment of radiation detectors. Unfortunately,
container traffic makes up only 25 percent of overall cargo
entering the country. The remaining 75 percent, which is
comprised of commercial or general aviation, railroad or other
modes of transportation, is largely ignored.
The Department must be proactive in addressing the evolving
threat. At Congress' initiative, Public Law 110-28 contained
$35,000,000 to begin development and deployment of deterrents
to these other pathways. This bill provides an additional
$6,000,000 above the request to fund detector development for
containers that are loaded directly onto trains from ships and
provides guidance to the Domestic Nuclear Detection Office to
press forward efforts to guard the highest risk pathways into
the country. An additional $6,500,000 is provided for
deployment of portable radiation detection devices. In
combination with amounts mentioned above under aviation
security, a total of $45,500,000 is provided for this radiation
detection initiative.
Public Law 110-28 also contained $8,000,000 for the Office
of Health Affairs [OHA] to begin planning efforts for better
nuclear preparedness--an area that has been largely ignored.
This bill contains sufficient funds for OHA to continue its
efforts to determine the state of planning activities to
prepare the Nation for potential weapons of mass destruction
attacks.
Last year, this Committee included a provision directing
the Department to quickly develop and release regulations to
guard this country's chemical sites from potential terrorists
bent on turning chemical plants into weapons of mass
destruction. To its credit, the Department has issued those
regulations, but the requested $25,000,000 for implementation
of the rule is not sufficient to initiate a robust program. An
additional $15,000,000 has been included in this bill for
chemical site security implementation.
Finally, many experts believe it is only a matter of time
before the techniques of the terrorist trade practiced in the
Middle East are exported by extremists to America. An
additional $20,000,000 has been included to aid the development
of standoff detection and other technologies to combat
improvised explosive devices. The time to develop the ability
to find bombs and disarm them from afar is now.
Conclusion.--The mission of the Department of Homeland
Security is critical to the security of our Nation. The
potential threats are endless. Yet, the Committee must address
these threats with limited resources and in recognition of the
limits of technology. In making careful decisions, the
Committee strives to strike a balance that protects our
cherished freedoms and our need for enhanced security.
Transparency in Congressional Directives
On January 18, 2007, the Senate passed S. 1, The
Legislative Transparency and Accountability Act of 2007, by a
vote of 96-2. While the Committee awaits final action on this
legislation, the chairman and ranking member of the Committee
issued interim requirements to ensure that the goals of S. 1
are in place for the appropriations bills for fiscal year 2008.
The Constitution vests in the Congress the power of the
purse. The Committee believes strongly that Congress should
make the decisions on how to allocate the people's money. In
order to improve transparency and accountability in the process
of approving earmarks (as defined in S. 1) in appropriations
measures, each Committee report includes, for each earmark:
--(1) the name of the Member(s) making the request, and where
appropriate, the President;
--(2) the name and location of the intended recipient or, if
there is no specifically intended recipient, the
intended location of the activity; and
--(3) the purpose of such earmark.
The term ``congressional earmark'' means a provision or
report language included primarily at the request of a Senator,
providing, authorizing, or recommending a specific amount of
discretionary budget authority, credit authority, or other
spending authority for a contract, loan, loan guarantee, grant,
loan authority, or other expenditure with or to an entity, or
targeted to a specific state, locality or congressional
district, other than through a statutory or administrative,
formula-driven, or competitive award process.
For each earmark, a Member is required to provide a
certification that neither the Member (nor his or her spouse)
has a pecuniary interest in such earmark, consistent with
Senate Rule XXXVII(4). Such certifications are available to the
public at http://appropriations.senate.gov/senators.cfm or go
to appropriations.senate.gov and click on ``Members''.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriations, 2007 \1\ \2\............................ $94,170,000
Budget estimate, 2008................................... 107,939,000
Committee recommendation................................ 100,000,000
\1\ Includes a transfer of $300,000 to the Transportation Security
Administration pursuant to Public Law 110-5.
\2\ Excludes a rescission of $1,200,962 pursuant to Public Law 110-28.
The Office of the Secretary and Executive Management
supports the Department by providing direction, management, and
policy guidance to operating components within the
organization. The specific activities funded by this account
include: the Immediate Office of the Secretary; the Immediate
Office of the Deputy Secretary; the Chief of Staff; the Office
of Counternarcotics Enforcement; the Executive Secretary; the
Office of Policy; the Secure Border Coordination Office; the
Office of Public Affairs; the Office of Legislative and
Intergovernmental Affairs; the Office of General Counsel; the
Office of Civil Rights and Civil Liberties; the Citizenship and
Immigration Services Ombudsman; and the Privacy Officer.
COMMITTEE RECOMMENDATIONS
The Committee recommends $100,000,000 for the Office of the
Secretary and Executive Management [OSEM]. The fiscal year 2008
request includes a 15 percent increase for the OSEM, compared
to a 1.7 percent increase requested for the entire Department.
As of March 31, 2007, nearly $58,000,000 remained in
unobligated balances. The Department is also 14 percent below
authorized staffing levels for fiscal year 2007. Given the high
unobligated balances, the Department's inability to meet
authorized staffing levels, and the need to provide front line
components with resources to address known gaps in homeland
security, the Committee provides an increase of $5,830,000
instead of $13,769,000, as requested.
The specific levels recommended by the Committee as
compared to the fiscal year 2007 and budget request levels are
as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2007 enacted 2008 budget Committee
\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary............................ 2,540 2,650 2,650
Immediate Office of the Deputy Secretary............. 1,185 1,222 1,122
Chief of Staff............................................... 2,560 2,639 2,639
Office of Counternarcotics Enforcement....................... 2,360 3,155 2,360
Executive Secretary.......................................... 4,450 5,127 4,855
Office of Policy............................................. 29,305 35,300 31,310
Secure Border Coordination Office............................ 4,500 4,500 4,500
Office of Public Affairs..................................... 6,000 7,686 7,400
Office of Legislative and Intergovernmental Affairs.......... 5,449 5,618 5,518
Office of General Counsel.................................... 12,759 15,155 12,759
Office of Civil Rights and Civil Liberties................... 13,000 13,722 13,722
Citizenship and Immigration Services Ombudsman............... 5,927 6,054 6,054
Privacy Officer.............................................. 4,435 5,111 5,111
Transfer to the Transportation Security Administration -300 ............... ...............
(Public Law 110-5)..........................................
--------------------------------------------------
Total, Office of the Secretary and Executive Management 94,170 107,939 100,000
----------------------------------------------------------------------------------------------------------------
\1\ Excludes a rescission of $1,200,962 pursuant to Public Law 110-28.
IMMEDIATE OFFICE OF THE SECRETARY
The Committee provides $2,650,000 for the Immediate Office
of the Secretary, an increase of $110,000 above the fiscal year
2007 level and the same level proposed in the budget.
IMMEDIATE OFFICE OF THE DEPUTY SECRETARY
The Committee provides $1,122,000 for the Immediate Office
of the Deputy Secretary, a decrease of $63,000 from the fiscal
year 2007 level and a decrease of $100,000 from the level
proposed in the budget.
The Committee continues to be concerned that the Department
of Homeland Security is neither nimble nor coordinated. It is
essential that such qualities emanate from the leadership of
the Department. Examples of core departmental initiatives that
are essential to mission achievement that are languishing,
include: (1) the National Preparedness Goal; (2) the National
Response Plan; (3) a US VISIT exit strategy; (4) a
transportation worker identification deployment plan; (5) a
strategic plan for deploying checkpoint technology at airports;
and (6) a commitment to expedite the award of first responder
awards to State and local governments.
CHIEF OF STAFF
The Committee provides $2,639,000 for the Office of the
Chief of Staff, an increase of $79,000 from the fiscal year
2007 level and the same level proposed in the budget.
OFFICE OF COUNTERNARCOTICS ENFORCEMENT
The Committee provides funding at the fiscal year 2007
level for the Office of Counternarcotics Enforcement. The
Committee notes that this Office has provided no information,
as directed in the fiscal year 2007 statement of managers, on
its annual productivity and performance. The Committee is also
concerned with the proposed programmatic expansion of this
Office, as its core purpose is executed by component agencies
through long-standing relationships with the Office of National
Drug Control Policy. The Committee directs the Secretary to
submit a report to the Committee no later than 45 days after
the date of enactment of this act, containing: (1) fiscal year
2007 achievements including tracking and severing connections
between illegal drug trafficking and terrorism; (2)
counternarcotics strategy for the Southwest, Northern, and
maritime borders, to include objectives, coordination,
outreach, and intended resources devoted to stem the flow of
illegal drugs; and (3) Office performance goals for fiscal year
2008.
EXECUTIVE SECRETARY
The Committee provides $4,855,000 for the Office of the
Executive Secretary, an increase of $405,000 from the fiscal
year 2007 level and $272,000 below the level proposed in the
budget. The Committee does not continue the requirement
contained in the joint explanatory statement of managers
accompanying the fiscal year 2007 conference report (Report
109-699) to report quarterly on the Executive Secretary's
responsiveness. Although the report is no longer required, the
Committee expects to see continued improvement in
responsiveness to the Congress.
OFFICE OF POLICY
The Committee provides $31,310,000 for the Office of
Policy, an increase of $2,005,000 from the fiscal year 2007
level and $3,990,000 below the level proposed in the budget.
The request included a 20 percent increase in funding for
fiscal year 2008, mostly for additional staffing. The Committee
notes that the Office of Policy is 17 percent below authorized
staffing levels for fiscal year 2007. Therefore, the full
request is not provided. The Committee is also concerned with
the Office of Policy's inability to provide base budget
information for its sub-offices. Within 45 days of the date of
enactment of this act, the Office of Policy shall submit an
expenditure plan for the activities funded under this heading,
including funding levels for each sub-office compared to fiscal
years 2006 and 2007.
OFFICE OF PUBLIC AFFAIRS
The Committee provides $7,400,000 for the Office of Public
Affairs, an increase of $1,400,000 from the fiscal year 2007
level and $286,000 below the level proposed in the budget, due
to a number of vacancies within this office. Pursuant to the
reorganization notification of January 18, 2007, funding is
included to retain the ``Ready.gov'' program within the Office
of Public Affairs. The Committee challenges the office to
implement a robust campaign to ensure readiness and national
preparedness information are disseminated to the American
public.
OFFICE OF LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS
The Committee provides $5,518,000 for the Office of
Legislative and Intergovernmental Affairs, an increase of
$69,000 from the fiscal year 2007 level and a decrease of
$100,000 from the level proposed in the budget.
OFFICE OF GENERAL COUNSEL
The Committee provides funding at the fiscal year 2007
level. The Committee is dismayed with the Office of General
Counsel's [OGC] decisions and opinions relating to legal
constraints and flexibilities attendant to Federal
appropriations. Time and time again, the Department has
violated the spirit, if not the letter, of the laws which
provide funds for the Department. The Government Accountability
Office [GAO] is currently reviewing apparent violations of
section 503 of Public Laws 109-90 and 109-295. Earlier this
year, the Committee learned though a press release that the
Secret Service acquired a new facility for which funds were not
appropriated. To date, the OGC has not responded to requests
for a legal opinion providing the legal basis for this
decision. The OGC's responsibilities to ensure that
departmental activities fully comply with appropriations law
are not being met. The Committee is also frustrated with the
OGC's unwillingness to provide GAO with information necessary
to complete mandated assessments of departmental programs and
decisions. Therefore, the Committee denies additional funding
requested for this Office and strongly encourages the Office to
take actions necessary to ameliorate these concerns.
OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES
The Committee provides $13,722,000 for the Office of Civil
Rights and Civil Liberties, an increase of $722,000 above the
fiscal year 2007 level and the same as the level proposed in
the budget.
CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN
The Committee provides $6,054,000 for the Citizenship and
Immigration Services Ombudsman, an increase of $127,000 from
the fiscal year 2007 level and the same level proposed in the
budget.
PRIVACY OFFICER
The Committee provides $5,111,000 for the Privacy Officer,
an increase of $676,000 from the fiscal year 2007 level as
proposed in the budget. The Committee supports the Privacy
Officer's request for additional staffing to support Freedom of
Information Act [FOIA] compliance. The 2006 DHS Annual FOIA
Report to the Attorney General of the United States documented
staffing shortages and several other inhibitors to success. The
Committee directs the Office of the Inspector General to
evaluate the Department's FOIA program, staffing levels, and
the adequacy of resources to determine if the program can be
operated in a more efficient and cost-effective manner at the
department and component level.
RESPONSIVENESS TO GOVERNMENT ACCOUNTABILITY OFFICE REQUESTS FOR
INFORMATION
The Committee notes with concern the testimony earlier this
year by the Comptroller General about delays in obtaining
needed information from the Department. The Committee is also
concerned that the Department has not been responsive to
requests by the Committee for specific information and reports
from the Department. Although the Committee is encouraged by
recent testimony from the Department on its intention to
improve the speed with which information and documents are
produced, concrete results must be demonstrated over an
extended period of time. The Committee notes that GAO has a
broad statutory right of access to agency records in order to
facilitate informed decisions by Congress. Therefore, the
Committee withholds $15,000,000 from the Office of the
Secretary and Executive Management until the Secretary
certifies and reports to the Committees on Appropriations that
the Department has revised its guidance with respect to
responding to GAO requests for records and interviews. The
Committee directs the Secretary to: (1) provide an expedited
time frame to respond to GAO requests for access to records and
in no instance shall the Department's response to such requests
exceed 20 days from the date of request; (2) establish an
expedited time frame to arrange GAO interviews of program
officials after reasonable notice has been furnished to the
Department; and (3) streamline the extensive review of document
and interview requests that the Department conducts in what are
largely routine requests for information by GAO. Although the
Committee acknowledges that the Department is entitled to
review requests for records before they are released, delays
caused by multiple levels of review are unnecessary for routine
requests for information.
REORGANIZATION AUTHORITY
The Committee includes a general provision that precludes
the Department from using funds in this act to carry out
section 872 of Public Law 107-296 during fiscal year 2008.
Section 872 provides the Secretary of Homeland Security with
extraordinary authority to reorganize functions and
organizational units of the Department without congressional
approval. Since the creation of the Department in March 2003,
the Secretary has exercised section 872 nine times. The
Committee believes continuous reorganizations impede the
ability of the Department to operate effectively and
contributes to low morale. A recent Office of Personnel
Management survey of Federal employees ranked the Department
last in job satisfaction, last on results-oriented performance,
and next to last on leadership and knowledge management.
CONTRACTORS FILLING FEDERAL POSITIONS
The Committee remains concerned about the Department's
reliance on contractors to perform inherently governmental
work. For instance, 60 percent of the Department's intelligence
office is staffed by contractors. In most cases, contractor
rates far exceed the cost of Federal full-time equivalent [FTE]
employees. The joint explanatory statement of managers
accompanying fiscal year 2007 conference report (Report 109-
699) included a requirement for the Government Accountability
Office [GAO] to review DHS compliance during fiscal years 2005-
2006 with section 503(a)(5) of Public Law 108-334 and Public
Law 109-90, which prohibits DHS from using funds appropriated
for Federal FTEs to hire contractors unless the Committee is
notified. Unfortunately, the Department chose to stonewall GAO
on this issue by refusing to provide the necessary information
to adequately assess compliance with the law. The Committee
expects all information requested by GAO to be provided
expeditiously.
QUARTERLY DETAILEE REPORT
The Committee continues and expands reporting requirements
set forth in the joint explanatory statement of managers
accompanying the fiscal year 2005 conference report (Report
108-774). The following reporting provisions are added: (1) a
summary table which annotates, by component agency and office,
the number of employees detailed ``in'' and ``out''; (2) an
explanation for detailee ``indefinite'' assignments; and (3) an
explanation for detailee positions that are deemed to be
``reimbursable''.
SLOW PACE FOR GRANT AWARDS
The Committee remains discouraged with the Department's
lethargic pace for awarding homeland security grants. Pursuant
to a legal requirement, the Homeland Security Grant Program
[HSGP] grant awards have been awarded in a timely manner.
Unfortunately, other fiscal year 2006 grants were not managed
with the same expediency. For example, port security, mass
transit and rail security, bus security, truck security, and
buffer zone grants were not awarded until September 29, 2006,
the last work day of the fiscal year. The Committee is
frustrated that, absent legislated timeframes, the Department
will opt to release funds at the last possible moment. The
Committee notes that Americans are not made safer by having
homeland security funds sitting in the Treasury for 11 months.
Therefore, in fiscal year 2007, legislated timeframes were
retained for HSGP and were added for infrastructure protection
grants.
The Committee notes that the Staffing for Adequate Fire and
Emergency Response [SAFER] grant program is another example of
the slow pace of grant awards. Funds for these programs, which
were appropriated in October 2005, only began to be awarded in
September 2006, and are still being awarded 20 months later.
Therefore, the Committee includes bill language requiring the
Federal Emergency Management Agency to award all SAFER grants
no later than the end of the fiscal year for which they are
appropriated.
Finally, the Committee is pleased that infrastructure
grants are due for award in July 2007, 3 months earlier than
the previous year when the date was left to the discretion of
the Department. However, what appears on the surface to be an
improvement is in fact still a delay caused by the Department's
disregard for statutory requirements. The law required
Infrastructure Protection Grant guidance to be issued by
December 18, 2006; that statutory deadline was missed. Further,
the law provided applicants 45 days to submit applications, yet
the Department issued grant guidance allowing applicants 56
days. The Department does not stand above the law. It cannot
choose which portions of the statute it wishes to adhere to.
Therefore, bill language is included in title III in this act
requiring that failure to comply with the timeline for grant
programs will result in a daily reduction of $1,000 from the
Immediate Office of the Deputy Secretary until the Department
issues guidance and awards grants.
QUADRENNIAL HOMELAND SECURITY REVIEW
The Committee fully expects that the September 30, 2008,
deadline for the Quadrennial Homeland Security Review will be
met and requires the Office of Policy to brief the Committee no
later than 45 days after the date of enactment of this act on
the status of the Review, including collaboration with the
Chief Intelligence Officer and other Departmental components.
CREDENTIALING
A December 2006 credentialing initiative report conducted
for DHS identified several core weaknesses in DHS credentialing
programs, such as: (1) insufficient information and data
collection; (2) inconsistent vetting processes for like
programs; (3) multiple credentials issued for the same purpose;
(4) lack of security in DHS credentials; and (5) reliance on
visual verification of credentials versus electronic
verification. No later than 90 days after the date of enactment
of this act, the Office of Policy shall brief the Committee on
progress to implement the recommendations made in the report to
address these weaknesses, including dates or timeframes for
achieving key milestones.
Office of the Under Secretary for Management
Appropriations, 2007 \1\ \2\............................ $148,640,000
Budget estimate, 2008................................... 278,350,000
Committee recommendation................................ 234,883,000
\1\ Includes a transfer of $5,000,000 to the Transportation Security
Administration pursuant to Public Law 110-5.
\2\ Excludes a rescission of $512,855 pursuant to Public Law 110-28.
The Under Secretary for Management oversees management and
operations of the Department, including procurement and
acquisition, human capital, and property management. The
specific activities funded by this account include the Office
of the Under Secretary for Management, the Office of Security,
the Office of the Chief Procurement Officer, the Office of the
Chief Human Capital Officer, and the Office of the Chief
Administrative Officer.
COMMITTEE RECOMMENDATIONS
The Committee recommends $234,883,000 for the Office of the
Under Secretary for Management.
The specific levels recommended by the Committee, as
compared to the fiscal year 2007 and budget request levels, are
as follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2007 2008 budget Committee
enacted \1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management... 1,870 2,012 2,012
Office of Security....................................... 52,640 53,990 53,990
Office of the Chief Procurement Officer.................. 16,895 28,495 28,495
Office of the Chief Human Capital Officer:
Salaries and Expenses................................ 8,811 10,278 8,811
Human Resources System \2\........................... 25,000 15,000 5,000
Office of the Chief Administrative Officer:
Salaries and Expenses................................ 40,218 42,575 42,575
Nebraska Avenue Complex Facilities................... 8,206 6,000 6,000
Consolidated Headquarters Project.................... ................... 120,000 88,000
Transfer to the Transportation Security Administration -5,000 ............... ...............
(Public Law 110-5)......................................
------------------------------------------------------
Total, Office of the Under Secretary for Management 148,640 278,350 234,883
----------------------------------------------------------------------------------------------------------------
\1\ Excludes a rescission of $512,855 pursuant to Public Law 110-28.
\2\ Formerly ``MAX-HR.''
IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
The Committee provides $2,012,000 for the Immediate Office
of the Under Secretary, $142,000 above the fiscal year 2007
level and the same level proposed in the budget.
OFFICE OF SECURITY
The Committee provides $53,990,000 for the Office of
Security, an increase of $1,350,000 from the fiscal year 2007
level and the same level proposed in the budget.
OFFICE OF THE CHIEF PROCUREMENT OFFICER
The Committee fully funds the budget request of $28,495,000
for the Office of the Chief Procurement Officer. The Committee
directs the Chief Procurement Officer to use the increase of
$11,600,000 above the fiscal year 2007 level for hiring and
training of qualified procurement officers and for the
development of an acquisition workforce program for contract
specialists. The Committee is very concerned that, despite
providing a significant increase for this Office for fiscal
year 2007, current onboard staffing is 18 percent below funded
levels.
The Committee notes the Department remains nearly 50
percent below its desired number of contract specialists. The
DHS procurement budget is currently the third largest of all
Federal departments. The Government Accountability Office [GAO]
has concluded that DHS agencies have experienced ongoing cost,
schedule, and performance problems with major acquisitions,
such as the Coast Guard's Integrated Deepwater Systems Program.
Without adequate staffing and rigorous oversight--waste, fraud,
and abuse of taxpayer dollars will continue. The Committee
includes funding to annualize acquisition positions funded in
fiscal year 2007 and create an acquisition workforce intern
program. The Committee is fully aware the current job market
demand for acquisition staff outweighs the supply of
contracting professionals and is supportive of efforts to
establish a core procurement workforce by attracting younger
employees interested in a Federal procurement career. However,
to fully address this staffing shortage, the Committee
encourages the Department to use hiring authority provided in
the General Services Administration Modernization Act (Public
Law 109-313), which allows agencies to hire retired Federal
employees with significant Federal acquisition experience. The
Committee directs the Under Secretary for Management to report
to the Committee no later than October 1, 2007, on the use of
this authority, the pool of eligible employees and their likely
interest, appropriate incentives, and how retired annuitants
will help each component meet its desired number of acquisition
personnel.
The Committee also directs the Secretary to follow up on
GAO's recent review of the Department's procurement oversight
plan. GAO concluded that the Department's procurement oversight
plan ``generally incorporates basic principles of an effective
and accountable acquisition function.'' However, GAO found many
shortcomings in the Chief Procurement Officer's [CPO] ability
to implement the plan, such as inadequate procurement oversight
staffing and insufficient authority delegated to the CPO to
enforce the plan. In line with the recommendations in GAO
report (GAO-07-900), the Committee directs the Secretary to
review departmental policies regarding the authority of the CPO
and the adequacy of staffing to carry out the plan. The
Secretary shall report no later than February 5, 2008, on the
results of this review. A copy of this report shall also be
provided to GAO for review. GAO shall brief the Committee
within 90 days of receipt of the report from the Secretary on
its assessment of the strengths and weaknesses of the report.
OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER
The Committee provides $8,811,000 for salaries and
expenses, the same as fiscal year 2007 level. The Committee
denies funding for Federal law enforcement training
accreditation within the Office of the Chief Human Capital
Officer. Funding to support the accreditation process remains
within the Federal Law Enforcement Training Center
appropriation. The Committee recommends $5,000,000 for human
capital operational initiatives, formally known as ``MAX-HR'',
instead of $15,000,000 as requested. The Committee notes that
the Department's efforts to institute regulations governing
employee appeals rights and labor relations were struck down in
Federal court last year. In light of that decision and delays
in other elements of proposed personnel system changes, it is
unclear why such a large investment is requested for fiscal
year 2008. Therefore, the Committee reduces the amount
requested by $10,000,000.
The Secretary of Homeland Security is directed to submit an
updated Human Capital Operational expenditure plan to the
Committee within 90 days after the date of enactment of this
act. The plan shall define all activities, milestones, and
yearly costs for all initiatives and list all contract
obligations, by contractor and year, along with the purpose of
the contract. The plan shall also include: (1) efforts to
improve the Department's dismal results in the 2006 Federal
Human Capital Survey; (2) performance metrics used to measure
attainment of human capital strategic goals; and (3) funds
spent by the Department to support employee recruitment,
retention, and training.
The plan shall also include an analysis of all Department
internship programs designed to recruit young professionals.
These internships appear to be good ideas; however, the
programs need coordination within the Department. The Office of
the Chief Human Capital Officer should review goals for the
programs, milestones, needs of the components, and the capacity
to accept these employees.
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER
The Committee provides $136,575,000, an increase of
$88,151,000 from the fiscal year 2007 level and $32,000,000
below the budget request. Funding above the fiscal year 2007
level is provided to: (1) meet administrative needs at DHS
headquarters and non-legacy components; (2) to continue to
consolidate and integrate its headquarters operations and
specific program components at the Nebraska Avenue Complex in
Washington, DC; and (3) begin consolidating DHS components at
the St. Elizabeths west campus. The Committee recommends
$88,000,000 for the DHS consolidated Headquarters Project.
Quarterly briefings shall be provided to the Committee on this
initiative, including any changes to the Department of Homeland
Security National Capital Region Housing Master Plan for the
fiscal year, as well as the schedule and cost for all
consolidation phases.
MANAGEMENT AND ADMINISTRATIVE CHALLENGES
The Committee reiterates its concern that the management
and administrative challenges facing the Department will
increase unless it is staffed with qualified, professional
personnel with expertise in their field. The Committee is
concerned that, regardless of the outcome of the 2008
Presidential election, there will be a vacuum at the top of the
Department in January 2009. It is critical that the Department
prepare now for that transition to ensure that such a vacuum
does not take place. The Department shall provide, by July 20,
2007, a report on senior staffing, as detailed in Senate Report
110-37. Further, the Government Accountability Office shall
report on the strengths and weaknesses of this report within 90
days after its submission.
SEMI-ANNUAL NEBRASKA AVENUE COMPLEX REPORT
The Committee continues the requirement contained in the
joint explanatory statement of managers accompanying the fiscal
year 2006 conference report (Report 109-241) regarding updates
on the physical consolidation and planned expenditures for the
Nebraska Avenue Complex. As DHS continues to occupy this
location, the need for the report remains valid but requires
adjustment. The report is to be submitted semi-annually, rather
than quarterly, and should include the following: (1) the
introductory narrative should indicate what office is
represented in each building and include the amount of unused
office space due to ongoing or future renovations; (2) the
enclosure should breakdown not only allocated funding by fiscal
year but also expenditures modeled after the Department-wide
Monthly Budget Execution Reports; and (3) the enclosure should
identify, by building, the amount of money spent on campus-wide
physical security upgrades, building security access control,
the campus-wide signage project, the IT Protected Distribution
System, and the campus-wide power project.
Office of the Chief Financial Officer
Appropriations, 2007 \1\................................ $26,000,000
Budget estimate, 2008................................... 32,800,000
Committee recommendation................................ 30,076,000
\1\ Excludes a rescission of $45,080 pursuant to Public Law 110-28.
The Office of the Chief Financial Officer is responsible
for the fiscal management and financial accountability of the
Department of Homeland Security. The Office of the Chief
Financial Officer provides guidance and oversight of the
Department's budget execution while ensuring that funds are
allocated and expended in accordance with relevant laws and
policies. The specific activities funded by this account
include the Budget Division, Office of Performance Analysis and
Evaluation, Office of Financial Management, Resource Management
Transition Office, and the Office of the Government
Accountability Office/Office of Inspector General Liaison.
COMMITTEE RECOMMENDATIONS
The Committee recommends $30,076,000 for the Office of the
Chief Financial Officer [OCFO]. This includes an increase of
$4,076,000 from the fiscal year 2007 level, $2,724,000 below
the request. The Committee denies a funding increase for the
Resource Management Transformation Office and directs the OCFO
to continue using unobligated eMerge2 balances available to the
Chief Information Officer to meet fiscal year 2008
requirements. According to the OCFO budget justification, these
resources will not be exhausted until the end of fiscal year
2008.
ANNUAL APPROPRIATIONS JUSTIFICATIONS
The Committee directs the OCFO to ensure annual
appropriations justifications are prepared for each component
within the Department in support of the President's budget, as
submitted under section 1105(a) of title 31, United States
Code. The OCFO is directed to include detailed information by
appropriations account, program, project, and activity, on all
reimbursable agreements and significant uses of the Economy Act
for each fiscal year. Additionally, the OCFO shall ensure that
the congressional justifications for the Department
accompanying the President's fiscal year 2009 budget request
includes a status report of overdue Committee reports, plans,
and other directives. One standard format needs to be adopted
by all offices and agencies and inserted in the justification
reflecting overdue congressional directives from fiscal year
2006 through 2008.
BUDGET EXECUTION AND STAFFING REPORT
The Committee includes bill language requiring the
Department to continue submitting to the House and Senate
Committees on Appropriations a monthly budget execution report
showing the status of obligations and costs for all components
of the Department and on-board staffing levels. The report
should include the total obligational authority appropriated
(new budget authority plus unobligated carryover),
undistributed obligational authority, amount allotted, current
year obligations, unobligated authority (the difference between
total obligational authority and current year obligations),
beginning unexpended obligations, year-to-date costs, and
ending unexpended obligations. To better understand the
universe of contractors working at the Department, a new
requirement is added directing the Department to include the
number of contract employees. This budget execution information
is to be provided at the level of detail shown in the tables
displayed at the end of this report for each departmental
component and the Working Capital Fund. This report shall be
submitted no later than 45 days after the close of each month.
Office of the Chief Information Officer
Appropriations, 2007 \1\................................ $349,013,000
Budget estimate, 2008................................... 261,100,000
Committee recommendation................................ 321,100,000
\1\ Excludes a rescission of $461,874 pursuant to Public Law 110-28.
The Office of the Chief Information Officer is responsible
for the development and acquisition of information technology
equipment, software, and services.
COMMITTEE RECOMMENDATIONS
The Committee recommends $321,100,000, of which $82,400,000
is for salaries and expenses, and $238,700,000 is to be
available until expended for Department-wide technology
investments overseen by the Office of the Chief Information
Officer [CIO].
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses..................................... 79,521 82,400 82,400
Information technology services........................... 61,013 56,200 56,200
Security activities....................................... 89,387 89,400 149,400
Wireless Program.......................................... \2\ 86,438 ................ ................
Homeland secure data network.............................. 32,654 33,100 33,100
-----------------------------------------------------
Total, Office of the Chief Information Officer \1\.. 349,013 261,100 321,100
----------------------------------------------------------------------------------------------------------------
\1\ Excludes a rescission of $461,874 pursuant to Public Law 110-28.
\2\ Includes $18,700,000 transferred to the National Protection and Programs Directorate pursuant to the
reorganization of January 18, 2007.
SALARIES AND EXPENSES
Included in the amount recommended by the Committee is
$82,400,000, the same as the budget request, to support the
ongoing maintenance and operations of infrastructure
capabilities to ensure continuous communication and continuity
of operations.
ENTERPRISE ARCHITECTURE
The Committee understands the Department's Enterprise
Architecture, though markedly improved from prior years, still
lacks reforms recommended by the Government Accountability
Office [GAO] 3 years ago. An Enterprise Architecture [EA] that
remains incomplete and inconsistent will aid the Department
little as it tries to guide and constrain information
technology investments that promote interoperability, reduce
duplication, and enhance performance. It is incumbent on the
Department's CIO to show leadership in this area by dedicating
a level of resources to the EA that will provide actual
improvements to the product and process. The Committee directs
the CIO to report to the Committee within 90 days after the
date of enactment of this act on the steps taken within the
CIO's office and across the Department on improvements being
put in place to address GAO recommended reforms.
FEDERAL INFORMATION SECURITY AND MANAGEMENT ACT
The Committee is concerned the House Oversight and
Government Reform Committee has given the Department a ``D''
for computer security, up from an ``F'' for the prior 3 years,
for compliance with the Federal Information Security Management
Act [FISMA]. The historical results of the Federal Computer
Security Report Card reflect minimal progress made during the
Department's existence; hardly befitting an agency that is
supposed to defend the homeland against cyber-threats and makes
extensive use of classified and law enforcement sensitive
information. The Department needs to quickly define and
implement measures to address internal and external
vulnerabilities. The Committee directs the Department to report
on the specific status of the Department as a whole and each
component individually with their compliance with FISMA, by
February 5, 2008, resource requirements needed to achieve full
compliance, and any further steps necessary to protect the
information it manages.
INFORMATION TECHNOLOGY SERVICES
Included in the amount recommended by the Committee is
$56,200,000, as proposed in the budget.
SECURITY ACTIVITIES
The Committee recommends $149,400,000 for Security
Activities, an increase of $60,000,000 from the budget request.
The Security Activities include Federal terrorist watch list
integration, information security activities, and data center
development.
NATIONAL CENTER FOR CRITICAL INFORMATION PROCESSING AND STORAGE
The Committee recommends $97,300,000 within security
activities for the National Center for Critical Information
Processing and Storage [NCCIPS] data center in Mississippi, an
increase of $60,000,000 from the budget request level, to be
used only to acquire services from NCCIPS to expedite the
transition of multiple Department of Homeland Security [DHS]
data centers to NCCIPS and to continue the construction of data
center space at the primary data center for DHS. DHS is
encouraged to work with other Federal entities to leverage the
resulting infrastructure from this and previous years funds to
maximize the utilization of this investment (Requested by:
Cochran).
The CIO is directed to submit to the Committee no later
than 30 days after the date of enactment of this act a report
on the full costs to transition data center operations to the
Department of Homeland Security's primary data center. This
report is to include, by departmental component: (1) a schedule
for data transition; (2) costs for each fiscal year required to
complete the transition; (3) identification of items associated
with the transition required to be procured and related
procurement schedule; and (4) identification of any transition
costs provided in fiscal year 2007 or in fiscal year 2008. A
report on the same elements for the secondary data center shall
be submitted to the Committees on Appropriations no later than
30 days after a final selection has been made.
Consistent with section 888 of Public Law 107-296, the
Committee instructs the Department to implement the
consolidation plan in a manner that shall not result in a
reduction to the Coast Guard's Operations Systems Center
mission or its government-employed or contract staff levels. A
general provision is included for this purpose.
HOMELAND SECURE DATA NETWORK
Included in the amount recommended by the Committee is
$33,100,000, as requested in the budget, for the Homeland
Secure Data Network.
Analysis and Operations
Appropriations, 2007 \1\................................ $299,663,000
Budget estimate, 2008................................... 314,681,000
Committee recommendation................................ 306,000,000
\1\ Excludes $8,000,000 in emergency appropriations pursuant to Public
Law 110-28.
The account supports activities to improve the analysis and
sharing of threat information, including activities of the
Office of Intelligence and Analysis and the Office of
Operations Coordination.
COMMITTEE RECOMMENDATIONS
The Committee recommends $306,000,000 for Analysis and
Operations. The details of these recommendations are included
in a classified annex accompanying this report.
NATIONAL OPERATIONS CENTER
The Committee understands the Department plans to relocate
the National Operations Center [NOC], currently located at the
Department's headquarters at the Nebraska Avenue Complex, to
the Transportation Security Operations Center [TSOC] facility
in Herndon, Virginia. Minimal information has been submitted to
the Committee to justify the move. The Department has future
plans to co-locate the NOC with other DHS operations centers at
the St. Elizabeths west campus. It is unclear what benefits an
interim, short-term relocation to the TSOC will provide.
Therefore, prior to implementing this interim move, the
Committee directs the Office of Operations Coordination to
provide a briefing to the Committee justifying this relocation,
including: (1) a detailed description of the problem the
Department is attempting to remedy; (2) all costs associated
with the move, including associated build-out and operational
costs at the TSOC, as well as all costs associated with the
planned move to the St. Elizabeths campus; and (3) how the move
will enhance the Department's ability to meet mission
requirements.
DHS INTELLIGENCE EXPENDITURE PLAN
No later than 60 days after the enactment of this act, the
Secretary shall submit a fiscal year 2008 expenditure plan for
the Office of Intelligence and Analysis [I&A;], including
balances carried forward from prior years, that includes the
following: (1) fiscal year 2008 expenditures and staffing
allotted for each program, as identified in the February 2007
expenditure plan submitted to the Committee, as compared to
each of years 2006 and 2007; (2) all funded versus on-board
positions, including Federal full-time equivalents [FTEs],
contractors, and reimbursable and non-reimbursable detailees;
(3) an explanation for maintaining contract staff in lieu of
government FTE; (4) a plan, including dates or timeframes for
achieving key milestones, to reduce the office's reliance on
contract staff in lieu of Federal FTE; (5) funding, by object
classification, including a comparison to fiscal years 2006 and
2007; and (6) the number of I&A; funded employees supporting
organizations outside I&A; and the Department of Homeland
Security.
STATE AND LOCAL FUSION CENTERS
The Committee directs the Department's Chief Intelligence
Officer to continue quarterly updates to the Committees on
Appropriations, starting on October 1, 2007, that detail
progress in placing DHS homeland security intelligence
professionals in State and local fusion centers. These reports
shall include: the qualification criteria used by DHS to decide
where and how to place DHS intelligence analysts and related
technology; total Federal expenditures to support each center
to date and during the most recent quarter of the current
fiscal year, in the same categorization as materials submitted
to the Committees on Appropriations on March 23, 2007; the
location of each fusion center, including identification of
those with DHS personnel, both operational and planned; the
schedule for operational stand-up of planned fusion centers;
the number of DHS-funded employees located at each fusion
center, including details on whether the employees are contract
or government staff; the privacy protection policies of each
center, including the number of facility personnel trained in
Federal privacy, civil rights, and civil liberties laws and
standards; and the number of local law enforcement agents at
each center approved or pending approval to receive and review
classified intelligence information.
Office of the Federal Coordinator for Gulf Coast Rebuilding
Appropriations, 2007.................................... $3,000,000
Budget estimate, 2008................................... 3,000,000
Committee Recommendation................................ 3,000,000
The Committee provides $3,000,000 for the Office of the
Federal Coordinator for Gulf Coast Rebuilding. Within the
funding provided $1,000,000 is unavailable for obligation until
the Committees on Appropriations of the Senate and the House of
Representatives receive an expenditure plan for fiscal year
2008. Any funding above the amount provided must be
reprogrammed or transferred in accordance with section 503 of
this act. The expenditure plan should clearly articulate how
the Office will proactively help the gulf coast, including
supporting Federal agency cooperation, and promoting expedited
housing solutions.
Office of Inspector General
Appropriations, 2007 \1\................................ $85,185,000
Budget estimate, 2008................................... 99,111,000
Committee recommendation \2\............................ 95,211,000
\1\ Excludes $13,500,000 made available from FEMA Disaster Relief in
Public Law 109-295.
\2\ Excludes $13,500,000 made available from FEMA Disaster Relief.
This account finances the Office of Inspecter General's
activities, including audits, inspections, investigations and
other reviews of programs and operations of the Department of
Homeland Security to promote economy, efficiency, and
effectiveness and to prevent and detect fraud, waste, and
abuse.
COMMITTEE RECOMMENDATIONS
The Committee recommends $95,211,000 for the Office of
Inspector General [OIG] for fiscal year 2008. In addition, the
Committee includes bill language transferring $13,500,000
needed by the OIG for audits and investigations related to
natural disasters from the Disaster Relief Fund [DRF]. The OIG
is required to notify the Committee no less than 15 days prior
to all transfers from the DRF.
In fiscal year 2007, the Committee received a Government
Accountability Office [GAO] Report (GAO-07-529) which reviewed
U.S. Customs and Border Protection [CBP] revenue oversight. The
Committee learned CBP needs to improve workforce planning and
accountability. The Committee includes $1,200,000 for the
Inspector General to conduct CBP revenue oversight.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SUMMARY
U.S. Customs and Border Protection is responsible for
enforcing laws regarding admission of foreign-born persons into
the United States, and ensuring that all goods and persons
entering and exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of
$10,226,402,000, including direct appropriations of
$8,841,477,000 and estimated fee collections of $1,384,925,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ budget request recommendations \6\
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses \2\.......................... 5,562,186 6,579,733 6,601,058
Automation modernization........................... 451,440 476,609 476,609
Broder Security Fencing Infrastructure, and 1,187,565 1,000,000 1,000,000
Technology [BSFIT] \3\............................
Air and Marine Interdiction, Operations, 602,187 477,287 488,947
Maintenance, and Procurement \4\..................
Construction \5\................................... 232,978 249,663 274,863
--------------------------------------------------------
Total, Appropriations............................ 8,036,356 8,783,292 8,841,477
========================================================
Estimated fee collections:
Immigration inspection user fees................... 529,300 535,291 535,291
Immigration enforcement fines...................... 1,724 3,440 3,440
Land border inspection fees........................ 28,071 30,121 30,121
COBRA fees......................................... 387,804 392,180 392,180
APHIS inspection fees.............................. 214,287 299,622 299,622
Puerto Rico Trust Fund............................. 97,815 117,214 117,214
Small airport user fee............................. 6,230 7,057 7,057
--------------------------------------------------------
Total, Estimated fee collections................. 1,265,231 1,384,925 1,384,925
========================================================
Total, U.S. Customs and Border Protection, 9,301,587 10,168,217 10,226,402
Available Funding.....................................
----------------------------------------------------------------------------------------------------------------
\1\ Includes $1,601,200,000 in emergency appropriations pursuant to section 520 of Public Law 109-295 and
excludes $150,000,000 in emergency appropriations pursuant to Public Law 110-28.
\2\ Includes $100,000,000 in emergency appropriations pursuant to section 520 of Public Law 109-295 and excludes
$75,000,000 in emergency appropriations pursuant to Public Law 110-28.
\3\ Includes $1,159,200,000 in emergency appropriations pursuant to section 520 of Public Law 109-295.
\4\ Includes $232,000,000 in emergency appropriations pursuant to section 520 of Public Law 109-295 and excludes
$75,000,000 in emergency appropriations pursuant to Public Law 110-28.
\5\ Includes $110,000,000 in emergency appropriations pursuant to section 520 of Public Law 109-295.
\6\ Reflects permanent realignment of base resources pursuant to a reprogramming approved by the Senate on April
24, 2007.
SALARIES AND EXPENSES
Appropriations, 2007 \1\................................ $5,562,186,000
Budget estimate, 2008................................... 6,579,733,000
Committee recommendation \2\............................ 6,601,058,000
\1\ Includes $100,000,000 in emergency appropriations pursuant to
section 520 of Public Law 109-295 and excludes $75,000,000 in emergency
appropriations pursuant to Public Law 110-28.
\2\ Reflects permanent realignment of base resources pursuant to a
reprogramming approved by the Senate on April 24, 2007.
The U.S. Customs and Border Protection [CBP] Salaries and
Expenses appropriation provides funds for border security,
immigration, customs, agricultural inspections, regulating and
facilitating international trade, collecting import duties, and
enforcing U.S. trade laws. In addition to directly appropriated
resources, fee collections are available for the operations of
CBP from the following sources:
Immigration Inspection User Fees.--CBP collects user fees
to fund the costs of international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Enforcement Fines.--CBP collects fines from owners of
transportation lines and persons for unauthorized landing of
aliens, as authorized by the Immigration and Nationality Act (8
U.S.C. 1356).
Land Border Inspections Fees.--CBP collects fees for
processing applications for the Dedicated Commuter Lanes
program, the Automated Permit Ports program, the Canadian
Border Boat Landing program, and both Canadian and Mexican Non-
Resident Alien Border Crossing Cards, as authorized by the
Immigration and Nationality Act (8 U.S.C. 1356).
Consolidated Omnibus Budget Reconciliation Act [COBRA]
Fees.--CBP collects fees for inspection services involving
customs related functions. The COBRA user fee statutory
authority (19 U.S.C. 58c) specifies the types of expenses to be
reimbursed and the order for the reimbursement of these types
of expenses.
Animal and Plant Health Inspection Service Inspection
Fees.--CBP receives as a transfer a distribution of agriculture
inspection fees collected by the United States Department of
Agriculture. The user fees, as authorized by the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136), are charged to offset costs for the services related to
the importation, entry, or exportation of animals and animal
products.
Puerto Rico Trust Fund.--Customs duties, taxes, and fees
collected in Puerto Rico by CBP are deposited in the Puerto
Rico Trust Fund. After providing for the expenses of
administering CBP activities in Puerto Rico, the remaining
amounts are transferred to the Treasurer of Puerto Rico
pursuant to 48 U.S.C. sections 740 and 795.
Small Airport User Fee.--The User Fee Airports Program
authorized under 19 U.S.C. 58b and administered under 19 U.S.C.
58c(b)(9)(A)(i), authorizes inspection services to be provided
to participating small airports on a fully reimbursable basis.
The fees charged under this program are set forth in a
Memorandum of Agreement between the small airport facility and
the agency, and may be adjusted annually as costs and
requirements change.
COMMITTEE RECOMMENDATIONS
The Committee recommends $6,601,058,000 for salaries and
expenses of U.S. Customs and Border Protection [CBP] for fiscal
year 2008, including $3,093,000 from the Harbor Maintenance
Trust Fund. Included in this amount is a decrease of
$271,310,000 in termination of one-time costs, and an increase
of $252,189,000 in annualizations for fiscal year 2006
supplemental and fiscal year 2007 program increases. The
Committee includes bill language making available up to
$150,000 for payment for rental space for preclearance
operations; and $1,000,000 for payments to informants. The
Committee includes bill language placing a $35,000 annual limit
on overtime paid to any employee.
INCREASED BORDER PATROL AGENTS
Congress took the lead in focusing the Nation's attention
on the need to aggressively begin to secure the borders when it
provided funds to hire an additional 500 new Border Patrol
agents in the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005
(Public Law 109-13). Since then, on a bipartisan basis, a total
of 4,000 new agents, and attendant support positions, have been
funded through fiscal year 2007. The President requests the
hiring of an additional 3,000 new Border Patrol agents in
fiscal year 2008. The Committee continues its strong support
for the Border Patrol and its mission of preventing entry into
the United States of illegal aliens, terrorists, weapons of
mass destruction, and other illicit goods or individuals.
Included in the amount recommended by the Committee is an
increase of $569,800,000; 3,688 positions; and 1,844 full-time
equivalents [FTEs], as requested in the budget, for 3,000
additional Border Patrol agents and 688 operational mission
support positions, training, relocation, and transportation
costs, as well as $197,348,000 for annualization of prior year
positions. These funds will bring the total strength of the
Border Patrol to 17,819 by the end of fiscal year 2008, as
compared with the 12,319 agents on-board at the beginning of
fiscal year 2007.
Also included in the amount recommended is $50,000,000, as
requested in the budget, for transportation and delivery of
apprehended illegal aliens to detention facilities or to the
Mexican border.
The Committee directs the Secretary to assign to the
Northern Border a number of agents equal to not less that 20
percent of the net increase in agents during fiscal year 2008,
as authorized in the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458).
OPERATION JUMP START
Last year, the President committed to deploying up to 6,000
National Guard personnel to the Southwest border to perform
certain administrative, non-law enforcement functions, thus
freeing Border Patrol agents from these tasks and allowing them
to actually patrol the border. The understanding was that this
was a limited, 2-year commitment while more Border Patrol
agents were hired and trained. The Committee supports this
activity and applauds the National Guard for stepping up and
assisting in protecting the border. The Committee is aware that
the number of Guard personnel deployed to the border may drop
by as much as half starting in mid-July 2007, and requests a
briefing no later than September 15, 2007, to be conducted
jointly by CBP and the National Guard, on the impact of these
reductions on Border Patrol operations as well as ongoing
efforts to patrol and secure the border.
RADIATION PORTAL MONITOR STAFFING
Included in the amount recommended by the Committee is
$135,979,000, 232 positions, and 205 FTEs, for inspection and
detection technology, an increase of $6,000,000, 55 positions,
and 28 full-time equivalents, as proposed in the budget, to
expand the number of inspectors at ports to staff radiation
portal monitors.
SECURE FREIGHT INITIATIVE
Included in the total amount recommended for the Container
Security Initiative is $156,130,000, 172 positions, and 164
full-time equivalents [FTEs]. Of this amount, $15,000,000, 17
positions, and 9 FTEs, are recommended, as proposed in the
budget, for staffing and support to the Secure Freight
Initiative.
WESTERN HEMISPHERE TRAVEL INITIATIVE
Included in the amount recommended by the Committee is
$252,450,000, 205 positions, and 103 full-time equivalents, as
proposed in the budget, to support implementation of the
Western Hemisphere Travel Initiative at ports-of-entry.
CONDUCT AND INTEGRITY OVERSIGHT
Included in the amount recommended by the Committee is an
increase of $10,000,000, 58 positions, and 29 full-time
equivalents, as proposed in the budget, to enhance CBP's
internal affairs investigative capability.
CUSTOMS--TRADE PARTNERSHIP AGAINST TERRORISM
The Committee notes that the Government Accountability
Office and other experts have pointed out that one of the
vulnerabilities in the Customs-Trade Partnership Against
Terrorism [C-TPAT] program is the relative lack of regular
security inspections and validations of C-TPAT members. The
SAFE Port Act of 2006 (Public Law 109-347) recognized this
vulnerability and authorized an increase in the number of
Supply Chain Security Specialists [SCSS]. As of March 1, 2007,
there were 157 SCSSs on board at CBP. Hiring additional SCSSs
will allow CBP to send more teams of specialists around the
globe, to visit members, their vendors, and vendors' plants to
validate that supply chain security meets C-TPAT security
criteria and ensure that C-TPAT participants receive
validations and re-validations on a regular basis. The
Committee recommends an additional $6,750,000 to C-TPAT for
hiring 50 additional SCSSs, for a total of $62,310,000 and 207
FTE.
AIR AND MARINE STAFFING
Included in the amount recommended by the Committee is
$226,740,000; 1,595 positions; and 1,479 full-time equivalents
[FTE], an increase of $14,000,000; 82 positions; and 41 FTEs.
These additional positions will support one-half of the needed
staffing for the 11 new marine enforcement units funded in
``Air and Marine Interdiction, Operations, Maintenance, and
Procurement''.
CBP--VEHICLE REPLACEMENT
The Committee was pleased to finally receive the updated
Vehicle Fleet Management Plan called for in Conference Report
109-699. Of all of the component agencies within the
Department, CBP is by far the most punishing on its vehicles
given the extreme terrains in which it must operate. The need
for a robust replacement plan is evident. In order to begin a
regularized and affordable multi-year replacement effort, the
Committee directs the Department to include in the fiscal year
2009 budget submission a plan to replace, at a minimum, 25
percent of the vehicle fleet on an annual basis.
TUCSON SECTOR CHECKPOINTS
The Committee notes that a January 2006 DHS Inspector
General report stated that non-permanent Border Patrol
checkpoints are inefficient. ``Permanent checkpoints permit
safer, more efficient law enforcement. . . . It is not
necessary to prohibit permanent checkpoints in order to
encourage the use of alternative tactics and mobile interior
operations.'' In response to questions for the record, CBP
stated that moving Border Patrol checkpoints, ``give the
smugglers a clear advantage. . . . The moment a checkpoint is
closed, scouts notify smugglers immediately to transport their
illegal cargo further north into the United States. . . .
Smugglers also take advantage of Border Patrol movements by
exploiting the lack of flanking infrastructure, which would
otherwise be present at a permanent site.'' The Committee
supports these conclusions and requests a briefing no later
than September 15, 2007, on the Border Patrol's plans to
construct permanent checkpoints in the Tucson sector to support
the Border Patrol's mission of staunching the flow of illegal
aliens into the United States.
BORDER TUNNEL REMEDIATION
The Committee is concerned about reports that many of the
largest border tunnels under the United States-Mexico border
remain unfilled. These tunnels pose a serious national security
risk and provide a means for smugglers to move drugs, guns, and
people under the border. The Committee therefore directs the
Department to provide semiannual briefings to the Senate
Committees on Appropriations, the Judiciary, and Homeland
Security and Governmental Affairs on all activities undertaken
to fill in these tunnels, the timeline for completion of this
task, the funding used for these purposes, and the detection
methods used to discover new tunnels. The first briefing should
occur no later than October 1, 2007.
METHAMPHETAMINE FROM MEXICO
The Committee is particularly concerned about reports of
serious law enforcement challenges at our Southwest border,
such as the rise in Mexican manufacture and distribution of
methamphetamine into the United States, the unauthorized export
of assault weapons, and other firearms from the United States
into Mexico, and the unprecedented levels of brutality reported
among Mexican drug gangs. The Committee urges the Department,
in securing our borders, to work cooperatively with the Mexican
Government and its law enforcement agencies, as well as U.S.
law enforcement agencies, to provide aid and intelligence
sharing as necessary to slow methamphetamine (and precursor
chemical) trafficking into and out of Mexico, as well as the
southward flow of weapons into Mexico, and the northern
migration of Mexican drug gang violence into the United States.
The Committee requests a status report on these efforts within
180 days after the date of enactment of this act.
GEOGRAPHICAL LIMIT ON BORDER CROSSING CARDS
The Committee notes that there are varying distances into
the United States along the Southwest border which Mexicans can
travel for limited periods of time using the border crossing
card. The Committee directs CBP to submit a report within 180
days after the date of enactment of this act on the legal,
legislative, and administrative history of how these distances
were determined, the rationale for retaining them, and the
impact on CBP's enforcement of our immigration and trade laws
should these distances be expanded and/or standardized across
the border.
TEXTILE TRANSSHIPMENT ENFORCEMENT
Included in the amount recommended by the Committee is
$4,750,000 for textile transshipment enforcement, as authorized
by section 352 of the Trade Act of 2002. The Trade Act of 2002
authorizes appropriations for the hiring of 72 positions
between CBP and Immigration and Customs Enforcement, including
import specialists, auditors, and analytic staff, and funding
has been provided for these positions.
INTERPOL TRAVEL DOCUMENT DATABASE
The Committee notes that the International Criminal Police
Organization, Interpol, maintains the largest law enforcement
database of stolen and lost travel documents containing
information on more than 6.6 million documents, such as
passports and visas. Access to this database by homeland
security officials could result in major enhancements in
preventing terrorists or others from entering the United
States. In recent meetings in Washington, DC, between
Department officials and representatives from Interpol,
discussions centered on placing DHS representatives from either
U.S. Customs and Border Protection or U.S. Immigration and
Customs Enforcement at a new passport security unit at Interpol
headquarters. The Committee supports this activity and requests
a briefing on actions taken in this regard no later than
November 15, 2007.
ADVANCED TRAINING CENTER
Included in the amount recommended by the Committee is
$11,200,000, as proposed in the budget, to operate and equip
the Advanced Training Center.
Pursuant to Public Law 106-246, the training to be
conducted at the Center shall be configured in a manner so as
to not duplicate or displace any Federal law enforcement
program of the Federal Law Enforcement Training Center [FLETC].
Training currently being conducted at a FLETC facility shall
not be moved to the Center.
ANTI-DUMPING ENFORCEMENT
The Committee has ensured that, within the amounts provided
for in this account, there will be sufficient funds to
administer the ongoing requirements of section 754 of the
Tariff Act of 1930 (19 U.S.C. 1675c), referenced in subtitle F
of title VII of the Deficit Reduction Act of 2005 (Public Law
109-171; 120 Stat. 154).
The Committee directs CBP to continue to work with the
Departments of Commerce and Treasury, and the Office of the
United States Trade Representative (and all other relevant
agencies) to increase collections, and to provide an annual
report, within 30 days of each year's distributions under the
law, summarizing CBP's efforts to collect past due amounts and
increase current collections, particularly with respect to
cases involving unfairly traded U.S. imports from China.
The Committee further directs CBP to update its January
2007 report to the Committee, and the 2007 annual report
referenced above, by breaking out the non-collected amounts for
each of the fiscal years 2004, 2005, 2006, and 2007, by order,
country, and claimant, along with a description of each of the
specific reasons for the non-collection with respect to each
order. CBP is once again directed, as it failed to do last
year, to provide the amounts of antidumping and countervailing
duties held by CBP in its Clearing Account for unliquidated
entries as of October 1, 2006 (or, now, as of October 1, 2007),
segregated by case number and Department of Commerce period of
review. In that same report, CBP should explain, with
particularity, what other enforcement actions it is taking to
collect unpaid duties owed the U.S. Government.
The Committee also directs the Government Accountability
Office [GAO] to undertake a thorough investigation of the
problem of non-collection of antidumping [AD] and
countervailing duties [CVD] by the U.S. Government. The GAO
should report when the problem was first detected; determine
the extent of non-collection of AD/CVD duties, by year, since
discovery of the problem (or at least the year 2001), and
examine how prior, current, and proposed recommendations
advanced by either the GAO or the U.S. Government would address
the problem with any measure of success. The GAO report should
examine those factors which affect the ability of CBP to
collect AD/CVD duties, as well as any actions the U.S.
Government should take to solve the problem. GAO is directed to
examine the interplay of existing domestic and international
law enforcement mechanisms, to determine how U.S. laws and
international treaties to which the United States is a party
could be strengthened to exert greater legal control over those
entities which refuse to pay U.S. duties. In this connection,
the GAO should examine: (1) how the United States first
determines and later identifies who is an importer of record;
and (2) whether U.S. laws covering such importers of record
should be revised to ensure solvency and availability, perhaps
through a security clearance, background check, or other
mechanism, such that U.S. Government authorities could recoup
duties owed should the importer choose to evade paying U.S.
antidumping and countervailing duties. GAO should deliver its
report to the Committee by June 1, 2008.
CUSTOMS REVENUE FUNCTIONS
The Committee is concerned that since the customs revenue
functions of the Federal Government were transferred from the
Department of the Treasury to the Department of Homeland
Security on March 1, 2003, focus on this critical Federal
Government function has become blurred and staffing in key
specialties has atrophied. The volume of imported goods has
risen 33 percent since fiscal year 2002 and the number of
importing entities has grown approximately 18 percent in the
same time period. However, the number of import specialists,
entry specialists, and drawback specialists, among others, has
remained essentially static. In fact, after experiencing
attrition in each of those positions since the creation of the
Department, it is only in recent months that staffing levels in
these areas have returned to their March 2003 levels. The
Committee expects to be briefed semi-annually on the progress
in hiring for these positions beginning 30 days after enactment
of this act.
COLLECTION OF DUTIES
The Committee notes that the workload associated with
administering antidumping orders issued by the Department of
Commerce has increased, especially for CBP Import Specialists.
According to Government Accountability Office report GAO-07-
529, as of February 2007, ``CBP was responsible for
implementing more than 240 antidumping orders, some of which
affect hundreds of millions of dollars in trade annually. . . .
According to CBP officials, collecting antidumping duties
involves significantly more work than collecting normal duties
because the amount of antidumping duties that importers owed
are often revised (up to 18 months after the products have
entered the country) as a result of additional reviews
conducted by the Department of Commerce. In cases where
Commerce determines that additional duties are owed, CBP must
identify the affected importers, issue supplemental duty bills,
and take steps to collect the supplemental duties.'' Because of
the challenges involved, CBP has been unable to collect more
than $500,000,000 in antidumping duties over the past 5 years.
The Committee recommends an additional $575,000 for eight
positions to enhance the collection of duties.
AGRICULTURAL PESTS
The Committee notes Hawaii's globally significant natural
environment, as well as the State's important diversified
agricultural industry, are uniquely vulnerable to the
introduction of invasive weeds, animals, insects, and diseases.
The Committee expects the Department to work with the United
States Department of Agriculture and the Hawaii Department of
Agriculture to share information and expertise to ensure their
respective inspection and quarantine activities provide
coordinated and collaborative biosecurity protection for the
State.
Included in the amount recommended by the Committee is
continued funding at the fiscal year 2006 level for part-time
and temporary positions in Honolulu, Hawaii (Requested by:
Inouye).
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2007 enacted 2008 budget Committee
\1\ request recommendations \2\
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses:
Headquarters management and administration:
Management and administration, border security 658,943 675,391 639,373
inspections and trade facilitation................
Management and administration, border security and 589,446 602,016 597,016
control between port of entry.....................
----------------------------------------------------
Subtotal, Headquarters management and 1,248,389 1,277,407 1,236,389
administra- tion.............................
====================================================
Border security inspections and trade facilitation at
ports of entry:
Inspections, trade and travel facilitation at ports 1,326,665 1,610,202 1,675,685
of entry..........................................
Harbor maintenance fee collections (trust fund).... 3,026 3,026 3,093
Container Security Initiative...................... 139,312 156,130 156,130
Other international programs....................... 8,701 8,871 10,866
Customs Trade Partnership Against Terrorism........ 54,730 55,560 62,310
Free and Secure Trade (FAST)/NEXUS/SENTRI.......... 11,243 11,243 11,243
Inspection and detection technology investments.... 241,317 135,979 105,027
Automated targeting systems........................ 27,298 27,580 27,580
National Targeting Center.......................... 23,635 23,950 23,950
Training........................................... 24,564 24,813 24,813
----------------------------------------------------
Subtotal, border security inspections and trade 1,860,491 2,057,354 2,100,697
facilitation at ports of entry..................
====================================================
Border security and control between ports of entry:
Border security and control between ports of entry. 2,239,586 2,984,443 2,984,443
Training........................................... 37,924 52,789 52,789
----------------------------------------------------
Subtotal, border security and control between 2,277,510 3,037,232 3,037,232
ports of entry..................................
====================================================
Air and Marine operations, personnel compensation and bene- 175,796 207,740 226,740
fits.....................................................
====================================================
Total, Salaries and expenses......................... 5,562,186 6,579,733 6,601,058
----------------------------------------------------------------------------------------------------------------
\1\ Includes $100,000,000 in emergency appropriations pursuant to section 520 of Public Law 109-295 and excludes
$75,000,000 in emergency appropriations pursuant to Public Law 110-28.
\2\ Reflects permanent realignment of base resources pursuant to a reprogramming approved by the Senate on April
24, 2007.
AUTOMATION MODERNIZATION
Appropriations, 2007.................................... $451,440,000
Budget estimate, 2008................................... 476,609,000
Committee recommendation................................ 476,609,000
The automation modernization account includes funds for
major information technology systems and services for U.S.
Customs and Border Protection [CBP], including the Automated
Commercial Environment [ACE] and the International Trade and
Data System [ITDS] projects, and connectivity of and
integration of existing systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends $476,609,000, to be available
until expended, as proposed in the budget, for automation
modernization.
TREASURY ENFORCEMENT COMMUNICATIONS SYSTEM
Included in the amount recommended by the Committee is
$25,000,000 and one position, as requested in the budget, to
replace the mainframe components of the Treasury Enforcement
Communications System [TECS]. Modernization of TECS is a
critical component to ensure that CBP employees have the
appropriate tools to perform their mission. The Committee
directs CBP to submit a report on the TECS modernization
program, within 90 days of the date of enactment of this act,
which includes: (1) a description of each project in the
modernization program; (2) cost estimates for the complete
modernization program; and (3) timelines and milestones for the
development and implementation of each project.
INTERNATIONAL TRADE DATA SYSTEMS
Included in the amount recommended is $16,000,000 for the
ITDS.
AUTOMATED COMMERCIAL ENVIRONMENT QUARTERLY REPORTS
The Committee has required quarterly reports on progress on
the ACE program for the past few years. The Committee was
frustrated to receive the reports on the third and fourth
quarter of fiscal year 2006 on February 8, 2007, well into the
second quarter of fiscal year 2007. These reports consist of
factual, aggregate data on the progress ACE has achieved in a
given quarter. It should not take half a year to receive a non-
controversial report transmitting this data. The delay in
receiving the reports hinders Congress from performing its
oversight function. The Committee directs the Department to
submit this report no later than 45 days after the close of
each quarter.
GRADUATION FROM GAO REVIEW
The Committee has required certain agencies to develop and
submit expenditure plans for a number of complex, high-risk
information technology and other construction and development
plans. In most cases, a portion of the funds appropriated for
these activities has been withheld from obligation pending
review of the plan by the GAO and affirmative approval by the
Committee. In many cases, this process has added rigor to the
agencies' development and deployment process and resulted in
development of a better product. The Committee believes that
U.S. Customs and Border Protection's ``Automation
Modernization'' program, known as ACE, has benefited from these
GAO reviews over the years. As a result, the Committee's level
of confidence in the maturity of this program has increased to
the point that GAO review is no longer required. The Committee
will still require submission of expenditure plans for this
program, but funds will be released upon the submission to the
Committee of the plan. The Committee will continue to follow
closely further development of all of these programs, but
expect that the rigor currently being focused on these programs
will continue.
EXPENDITURE PLAN
The Committee is pleased with the level of detail and
discipline which has been displayed in recent ACE expenditure
plans. The Committee includes bill language making not less
than $216,969,000 available for development of ACE upon the
submission of a comprehensive expenditure plan for the program.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Automated Commercial Environment/International Trade Data 316,800 316,969 316,969
System (ITDS)............................................
Automated commercial system and legacy IT cost............ 134,640 159,640 159,640
-----------------------------------------------------
Total, Automation modernization..................... 451,440 476,609 476,609
----------------------------------------------------------------------------------------------------------------
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
Appropriations, 2007 \1\................................ $1,187,565,000
Budget estimate, 2008................................... 1,000,000,000
Committee recommendation................................ 1,000,000,000
\1\ Includes $1,159,200,000 emergency appropriations pursuant to section
520 of Public Law 109-295.
The Border Security, Fencing, Infrastructure, and
Technology account funds the capital procurement and total
operations and maintenance costs associated with fencing,
infrastructure, sensors, surveillance, and other technology.
COMMITTEE RECOMMENDATIONS
The Committee strongly supports the Strategic Border
Initiative [SBI] and the approach of securing the border via a
web of fencing, tactical infrastructure, sensor, and optical
technology, in addition to more Border Patrol agents and
increased enforcement of our immigration laws. By fully funding
the President's request for fiscal year 2008, when combined
with the $1,187,565,000 appropriated to this account for fiscal
year 2007 in Public Law 109-295, the Committee will have
provided over $2,187,000,000 for this activity. Additionally,
the Committee provides the Secretary with the flexibility
requested to determine the best mix and location of these
border security activities along all of the Nation's borders--
Northern, Southwest, and maritime.
However, the Committee is also concerned that this is an
extremely high risk program. The Department's track record on
major development programs is spotty at best. For instance, the
failures in the Coast Guard's Integrated Deepwater Systems
Program have raised many red flags and require the Congress to
approach similarly large programs with an extra degree of
caution. It is imperative that a Government program of this
magnitude be managed and overseen by qualified Federal
Government employees, not contractors out to make a buck off
the American taxpayer. The Secretary's testimony before the
Senate Homeland Security Subcommittee on March 8, 2007, gives
cause for concern. The Secretary said, ``Ironically, sometimes
you almost find yourself . . . in the position of having to
hire contractors to write contracts for other contractors.'' As
of May 1, 2007, this program was being managed by 110 Federal
Government employees and 119 contract employees. The Committee
supports this program but will be closely watching to ensure
that SBInet meets performance objectives, is delivered on time,
and on budget.
EXPENDITURE PLAN
The Committee includes bill language making $500,000,000
available for technology modernization upon approval of a
comprehensive expenditure plan.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendation
----------------------------------------------------------------------------------------------------------------
Border security, fencing, infrastructure, and technology 1,187,565 ................ ................
[BSFIT]..................................................
Development and deployment................................ ................ 936,000 863,000
Operations and maintenance................................ ................ ................ 73,000
Program management........................................ ................ 64,000 64,000
-----------------------------------------------------
Total, BSFIT........................................ 1,187,565 1,000,000 1,000,000
----------------------------------------------------------------------------------------------------------------
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
Appropriations, 2007 \1\................................ $602,187,000
Budget estimate, 2008................................... 477,287,000
Committee recommendation \2\x........................... 488,947,000
\1\ Includes $232,000,000 in emergency appropriations pursuant to
section 520 of Public Law 109-295 and excludes $75,000,000 in emergency
appropriations pursuant to Public Law 110-28.
\2\ Reflects permanent realignment of base resources pursuant to a
reprogramming approved by the Senate on April 24, 2007.
The U.S. Customs and Border Protection [CBP] Air and Marine
Interdiction, Operations, Maintenance, and Procurement [AMO]
account funds the capital procurement and total operations and
maintenance costs of the CBP air and marine program and
provides support to other Federal, State, and local agencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $488,947,000, to remain available
until expended, for air and marine interdiction, operations,
maintenance, and procurement. Included in this amount is
$80,800,000 for recurring maintenance, as proposed in the
budget.
NATIONAL SUPPORT OF ASSETS
Included in the amount recommended by the Committee is
$36,700,000, as requested in the budget, for the National
Support of Assets maintenance contract to ensure that CBP
aircraft meet Federal aviation regulations and Department of
Defense standards while maintaining a readiness rate of 80
percent or higher.
NORTHERN BORDER AIR WING
The Committee notes that $75,000,000 was included in the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007 (Public Law 110-
28) for air and marine activities, including establishment of
the fifth northern border air wing in Michigan. The Committee
is pleased to note that with the completion of this air wing,
U.S. Customs and Border Protection will have finally provided a
series of ``eyes in the sky'' stretching from Maine to
Washington State, giving the United States a higher level of
situational awareness of activities along, and crossings of,
its 4,000 mile long border with Canada. Now that these air
wings have been established, it is imperative that they be
given the resources and personnel for 24/7 operation. The
Committee expects the President's fiscal year 2009 budget will
include funding to expand the hours of operation at these air
wings.
P-3 SERVICE LIFE EXTENSION PROGRAM
Included in the amount recommended by the Committee is
$47,000,000, as requested in the budget, for the ongoing
service life extension program of the P-3 surveillance fleet.
MARINE FACILITIES AND ASSET ACQUISITION
The Committee is pleased that a major effort has been
undertaken to close known gaps in U.S. border air surveillance
capabilities, especially along our Northern border. However,
similar gaps in coverage remain in the marine and coastal
environment; again especially along the Northern border. To
address these gaps, included in the amount recommended by the
Committee is an increase of $12,540,000 above the level
requested in the budget to provide the facilities and equipment
for 11 additional Marine Enforcement Units. Funding for initial
staffing at these sites is provided in the ``Salaries and
Expenses'' appropriation. The Committee directs the submission
of an expenditure plan prior to the obligation of these funds.
UNMANNED AERIAL SYSTEMS SUPPORT
Included in the amount recommended by the Committee is an
increase of $4,120,000 from the amount requested in the budget
for operations and maintenance support, including spares and
component repairs, antenna and satellite time, software, and
engineers, for the six unmanned aerial systems, which are
either in stock or expected to be delivered shortly. These
funds will ensure that these systems will operate at the
highest anticipated levels.
SUPPORT TO INVESTIGATIONS
The Committee is concerned that the reorganization of the
legacy Customs Service and Border Patrol air missions into CBP
Air, with the attendant strategic and tactical control of air
assets, may have the unintended result of a decrease in support
to investigations conducted by U.S. Immigration and Customs
Enforcement [ICE]. The Committee requests a briefing, conducted
jointly by CBP and ICE, no later than 90 days after the date of
enactment of this act, on how air support to investigations is
adjudicated.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ budget request recommendations \2\
----------------------------------------------------------------------------------------------------------------
Operations and maintenance.......................... 236,454 353,954 365,614
Procurement......................................... 365,773 123,333 123,333
-----------------------------------------------------------
Total, Air and Marine Interdiction, 602,187 477,287 488,947
Operations, Maintenance, and Procurement.....
----------------------------------------------------------------------------------------------------------------
\1\ Includes $232,000,000 in emergency appropriations pursuant to section 520 of Public Law 109-295 and excludes
$75,000,000 in emergency appropriations pursuant to Public Law 110-28.
\2\ Reflects permanent realignment of base resources pursuant to a reprogramming approved by the Senate on April
24, 2007.
CONSTRUCTION
Appropriations, 2007 \1\................................ $232,978,000
Budget estimate, 2008................................... 249,663,000
Committee recommendation................................ 274,863,000
\1\ Includes $110,000,000 in emergency appropriations pursuant to
section 520 of Public Law 109-295.
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 $274,863,000 for construction
activities of U.S. Customs and Border Protection [CBP], to be
available until expended.
CONSTRUCTION ASSOCIATED WITH NEW BORDER PATROL AGENTS
Included in the amount recommended by the Committee is
$100,000,000, as proposed in the budget, for construction
requirements associated with new Border Patrol Agents.
AIR AND MARINE FACILITIES
Included in the amount recommended by the Committee is
$30,000,000, as proposed in the budget, for repair and
renovation of air and marine facilities.
ADVANCED TRAINING CENTER
The Committee provides $40,200,000 for Phase IV of the
Advanced Training Center [ATC] Master Plan which was submitted
to the Committee on April 4, 2007, by the Department of
Homeland Security Under Secretary for Management. The ATC,
located in West Virginia, opened in September 2005. It provides
advanced training to over 2,000 CBP law enforcement personnel,
managers, and supervisors per year and will train approximately
5,200 per year by the end of 2009 (Requested by: Byrd).
LACK OF BORDER PATROL CONSTRUCTION PROJECT OVERSIGHT
This Committee has been a strong proponent, on a bipartisan
basis, of ensuring that newly hired Border Patrol agents and
CBP officers are provided with the tools they need to perform
their critical national security duties. This includes ensuring
that they receive proper training as well as vehicles and
equipment. A critical component of this comprehensive approach
is ensuring that these agents and officers also have
appropriately-sized facilities, such as Border Patrol stations,
to accommodate the major increases in hiring. Congress has
tried to provide CBP with the resources to get ahead of the
curve. Between fiscal years 2005 and 2007, the Congress
appropriated approximately $450,000,000 above the President's
requests to try and achieve an appropriate balance between
people, support, and facilities, which included funding an
additional 3,500 new Border Patrol agents.
This Committee has worked hard to provide CBP with the
construction resources necessary to match the growth in Border
Patrol personnel. Unfortunately, CBP did not bring the planning
and management skills to oversee the construction program to
the table. A prime example of the lack of planning, and more
seriously, the lapse in oversight of the leadership of CBP, is
that a comprehensive survey of current facilities was not
initiated until almost 2 years after the surge in agent hiring
began. The belated realization of the disconnect between
facilities and staffing planning may lead to as much as
$125,000,000 in appropriated construction funds being diverted
to temporary trailers or other short-term housing. Further, the
timeline for completing all of the needed projects may be
extended for several years. It is incomprehensible to the
Committee how CBP allowed this situation to occur.
The Committee has reduced the Headquarters Management
request by $5,000,000, to be taken from programs other than
facilities management, to make clear its strong concern about
the loss of time and planning. Further, the Committee is aware
of discussions to move the oversight and responsibility of
port-of-entry facility construction from the General Services
Administration [GSA] to CBP. It is clear that CBP is in no way
prepared for such an expansion of its responsibilities in this
arena.
Finally, absent the official submission of a revised budget
for this account, it is difficult to appropriate any funds for
currently unknown construction activities for fiscal year 2008.
The Committee makes an unspecified reduction of $15,000,000 to
the amount requested in the budget and directs the submission
of a revised construction account request for fiscal year 2008
no later than July 16, 2007, to include a project-by-project
breakdown.
The Committee directs the Department to continue to work
with the GSA on its nationwide strategy to prioritize and
address the infrastructure needs at land border ports-of-entry
and to comply with the requirements of the Public Buildings Act
of 1959 (40 U.S.C. 3301) to seek necessary funding.
U.S. Immigration and Customs Enforcement
SUMMARY
U.S. Immigration and Customs Enforcement is responsible for
enforcing immigration and customs laws, detaining and removing
deportable or inadmissible aliens, and providing security of
Federal buildings and property.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $5,279,393,000,
including direct appropriations of $4,432,893,000, and
estimated fee collections of $846,500,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses \1\ \2\...................... 3,877,000 4,162,000 4,401,643
Automation modernization........................... 15,000 ................. 15,000
Construction....................................... 56,281 6,000 16,250
--------------------------------------------------------
Total, Appropriations............................ 3,958,281 4,168,000 4,432,893
========================================================
Estimated Fee Collections:
Immigration inspection user fees................... 108,000 113,500 113,500
Student exchange visitor program fees.............. 54,349 56,200 56,200
Immigration breached bond/detention fund........... 90,000 63,800 63,800
Federal Protective Service \3\..................... 516,011 613,000 613,000
--------------------------------------------------------
Total, Estimated fee collections............... 768,360 846,500 846,500
========================================================
Total, Available funding....................... 4,726,641 5,014,500 5,279,393
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $6,000,000 in emergency appropriations pursuant to Public Law 110-28.
\2\ Reflects a permanent realignment of $523,000 to USCIS for various parole programs pursuant to section 872.
\3\ Fully funded by offsetting collections paid by General Services Administration tenants and credited directly
to this appropriation.
SALARIES AND EXPENSES
Appropriations, 2007 \1\................................ $3,887,000,000
Budget estimate, 2008................................... 4,162,000,000
Committee recommendation \2\............................ 4,401,643,000
\1\ Excludes $6,000,000 in emergency appropriations pursuant to Public
Law 110-28.
\2\ Reflects a permanent realignment of $523,000 to USCIS for various
parole programs pursuant to section 872.
The U.S. Immigration and Customs Enforcement [ICE] Salaries
and Expenses account provides funds for the enforcement of
immigration and customs laws, intelligence, and detention and
removals. In addition to directly appropriated resources,
funding is derived from the following offsetting collections:
Immigration Inspection User Fees.--ICE derives funds from
user fees to support the costs of detention and removals in
connection with international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Student Exchange Visitor Program Fees.--ICE collects fees
from foreign students, exchange visitors, and schools and
universities to certify and monitor participating schools, and
to conduct compliance audits.
Immigration Breached Bond/Detention Fund.--ICE derives
funds from the recovery of breached cash and surety bonds in
excess of $8,000,000 as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356); and from a portion of fees
charged under section 245(i) of the Immigration and Nationality
Act to support the cost of the detention of aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends $4,401,643,000, for salaries and
expenses of U.S. Immigration and Customs Enforcement [ICE] for
fiscal year 2008. This includes decreases from the fiscal year
2007 level of $13,770,000; increases from the fiscal year 2007
level of $45,371,000 for pay and other inflationary
adjustments; and $99,199,000 in annualizations, as proposed in
the budget.
The Committee includes bill language placing a $35,000
limit on overtime paid to any employee; making up to $7,500,000
available for special operations; making up to $1,000,000
available for the payment of informants; making up to
$11,216,000 available to reimburse other Federal agencies for
the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens; making not less than
$102,000 available for promotion of public awareness of the
child pornography tipline, as requested by the President;
making not less than $203,000 available for Project Alert, as
requested by the President; making not less than $5,400,000
available to facilitate agreements consistent with section
287(g) of the Immigration and Nationality Act; limiting the use
of funds for facilitating agreements consistent with section
287(g) of the Immigration and Nationality Act to the same
activities funded in fiscal year 2005; and making $15,770,000
available for activities to enforce laws against forced child
labor, of which $6,000,000 shall remain available until
expended.
IMPROVED FISCAL MANAGEMENT
In fiscal year 2001, there were only 19 criminal arrests
and 735 administrative arrests related to worksite enforcement.
The fact that in fiscal year 2006, ICE initiated 1,201 worksite
enforcement investigative cases resulting in 716 criminal
arrests and 3,667 administrative arrests is but one example
that the administration has correctly begun to take seriously
immigration enforcement actions such as worksite enforcement.
This level of achievement could not have taken place absent
congressional initiative and the improved fiscal management at
ICE.
The Committee notes that ICE has made significant progress
in getting its fiscal house in order. The days of hiring
freezes and inability to perform certain parts of the ICE
mission appear to be over. The Committee is pleased to see that
ICE is aggressively hiring agents and investigators and expects
these robust efforts will continue. Much work needs to be done
to ensure ICE continues to progress in meeting its dual
missions of immigration enforcement and customs enforcement,
but the Committee is pleased with its efforts thus far.
ICE-WIDE MANAGEMENT
Included in the amount recommended by the Committee is an
additional $2,500,000 and four positions above the budget
request for development of a consolidated ICE-wide training
program for new and mid-career managers. These funds will allow
ICE to design and implement a mandatory program to familiarize
its managers with their responsibilities in finance,
procurement, labor-relations, civil rights, and other areas.
MANAGEMENT AND ADMINISTRATION--IMPROVED INTEGRITY OVERSIGHT
Included in the amount recommended by the Committee is
$47,778,000, an increase of $7,000,000, 37 positions, and 19
full-time equivalents, as requested in the budget, for improved
integrity oversight at the Office of Professional
Responsibility to handle the increased workload resulting from
expansion of U.S. Customs and Border Protection and ICE
personnel.
INVESTIGATIONS--BORDER ENFORCEMENT SECURITY TASK FORCES
Included in the amount recommended by the Committee is
$13,473,000, 83 positions, and 42 full-time equivalents [FTEs].
This is $2,773,000, 20 positions, and 10 FTEs above the budget
request, to establish additional task forces at key locations
along the border, including Tier II locations along the
Northern border. These task forces will address, in a multi-
agency fashion, the threat to communities posed by cross-border
crime and violence associated with the smuggling of illegal
drugs and humans.
INVESTIGATIONS--ICE MUTUAL AGREEMENT BETWEEN GOVERNMENT AND EMPLOYERS
Included in the amount recommended by the Committee is
$5,000,000, 29 positions, and 15 full-time equivalents, as
requested in the budget. ICE Mutual Agreement between
Government and Employers is a joint Government and private
sector initiative to achieve compliance with immigration laws
by training employers in detecting and identifying fraudulent
documents, while submitting to regular audits of the I-9
employment verification forms.
INVESTIGATIONS--GANG ENFORCEMENT
Included in the amount recommended by the Committee is
$15,200,000 and 98 positions, an increase of $10,200,000 and 63
positions, above the levels requested in the budget. The growth
of transnational gangs over the past 10 year period has been
unprecedented. Since its inception in February 2005, Operation
Community Shield has resulted in the arrests of more than 4,200
gang members. Half of those arrested have violent criminal
histories. These funds will expand the number of anti-gang
teams to 5 Special Agent in Charge offices facing the highest-
threat from gangs.
INVESTIGATIONS--WORKSITE ENFORCEMENT
Included in the amount recommended by the Committee is an
increase of $15,000,000, 100 positions, and 50 full-time
equivalents, above the levels requested in the budget to
enhance resources devoted to worksite enforcement efforts. The
Committee is pleased that ICE has begun to aggressively conduct
worksite enforcement actions and notes that in fiscal year
2006, ICE had 716 criminal arrests and 3,667 administrative
arrests compared with 25 criminal and 485 administrative
arrests in fiscal year 2002. These funds will be used to hire
65 Special Agents and 35 support positions.
INVESTIGATIONS--DOCUMENT AND BENEFIT FRAUD TASK FORCES
Included in the amount recommended by the Committee is
$10,800,000 and 63 positions above the levels requested in the
budget to fully staff the Document and Benefit Fraud Task
Forces at 17 Special Agent in Charge offices. Identity and
benefit fraud present worksite vulnerabilities by which illegal
aliens, possibly including terrorists and other persons who
pose a risk to public safety, are able to gain entry into the
United States and remain here under a guise of legitimacy.
Fully staffing these task forces will greatly enhance
investigators tracking fraudulent documents and conducting
worksite and other investigations.
STATE AND LOCAL LAW ENFORCEMENT SUPPORT, SECTION 287(G) AGREEMENTS
Included in the amount recommended by the Committee is
$51,460,000, an increase of $25,496,000, as proposed in the
budget, for training to support implementation of the
provisions of section 287(g) of the Immigration and Nationality
Act to delegate authority to enforce limited immigration
functions to State and local law enforcement officers.
LAW ENFORCEMENT SUPPORT CENTER
Included in the amount recommended by the Committee is
$26,951,000, an increase of $904,000, 17 positions, and 9 full-
time equivalents, as proposed in the budget, to assist in
responding to increased requests for assistance from State and
local law enforcement officers.
IMMIGRATION ENFORCEMENT AND ACCESS TO SOCIAL SECURITY INFORMATION
The Committee is pleased that the administration has
significantly increased its interior enforcement activities. A
number of these investigations are the result of concerns about
identity theft and of people using Social Security numbers and
falsely posing as a different individual in order to get a job.
The Committee believes it is crucial that Federal law
enforcement have appropriate access to Social Security
information on a timely basis in order to perform legitimate
worksite and other immigration enforcement actions and
encourages the Department to work with the Social Security
Administration, the Department of Justice, and other Federal
entities towards this end.
SUPPORT TO INVESTIGATIONS
The Committee is concerned that the reorganization of the
legacy Customs Service and Border Patrol [CBP] air missions
into CBP Air, with the attendant strategic and tactical control
of air assets, may have the unintended result of a decrease in
support to investigations conducted by ICE. The Committee
requests a briefing, conducted jointly by CBP and ICE, no later
than 90 days after the date of enactment of this act, on how
air support to investigations is adjudicated.
TEXTILE TRANSSHIPMENT ENFORCEMENT
Included in the amount recommended by the Committee is
$4,750,000 for textile transshipment enforcement, as authorized
by section 352 of the Trade Act of 2002. The Trade Act of 2002
authorizes appropriations for the hiring of 72 positions
between CBP and ICE, including investigators.
INTERPOL TRAVEL DOCUMENT DATABASE
The Committee notes that the International Criminal Police
Organization, Interpol, maintains the largest law enforcement
database of stolen and lost travel documents containing
information on more than 6.6 million documents such as
passports and visas. Access to this database by Homeland
Security officials could result in major enhancements in
preventing terrorists or others from entering the United
States. In recent meetings in Washington, DC, between
Department officials and representatives from Interpol,
discussions centered on placing DHS representatives from either
U.S. Customs and Border Protection or U.S. Immigration and
Customs Enforcement at a new passport security unit at Interpol
headquarters. The Committee supports this activity and requests
a briefing on actions taken in this regard no later than
November 15, 2007.
DETENTION AND REMOVALS--CUSTODY MANAGEMENT (BEDS)
The Committee is disappointed that the President's budget
request does not maintain the linkage between requested
increases for Border Patrol agents with a similar increase in
detention beds. Over the past 2 years, there has been a
bipartisan consensus that hiring more Border Patrol agents and
increasing interior enforcement activities, such as adding new
Fugitive Operations teams and sharply increasing worksite
enforcement efforts, will inevitably lead to the apprehension
of significantly more illegal aliens. In September 2006, the
administration appropriately ended the policy of ``catch and
release'' (apprehending illegal aliens but, as a result of a
lack of detention bed space, releasing them into the community
with an order to appear at a later date before an immigration
judge who would order their removal). Yet, the President's
budget only requests funds for 950 new beds. The Department
must ensure that there is sufficient detention bed space to
accommodate the increased apprehension efforts expected of the
3,000 new Border Patrol agents requested in the budget, as well
as the appropriately more aggressive interior enforcement
actions taken against those who knowingly hire illegal aliens.
Therefore, the Committee provides an additional
$146,451,000, for a total of $236,843,596, for 4,000 new
detention beds, (of which $44,242,423 is associated with the
costs of removal of illegal aliens). This is an increase of
3,050 beds and 284 positions above the request and ensures
funding of a total of 31,500 beds and 2,949 positions.
DETENTION AND REMOVALS--TRANSPORTATION AND REMOVAL
Included in the amount recommended by the Committee is
$282,526,000, an increase of $33,442,000 above the budget
request, for all ICE-related transportation and removal
activities.
DETENTION AND REMOVALS--RESOURCES FOR POLICY AND PLANNING
Included in the amount recommended by the Committee is an
increase of $1,750,000, seven positions, and four full-time
equivalents above the budget request levels to establish an
``Office of Policy and Planning'' within the Detention and
Removals Office [DRO]. The DRO Office of Policy and Planning
will identify existing policy across all DRO programs, assess
existing policy for suitability given the tremendous growth in
detention, ensure adherence to all established detention
standards, and be responsible for development or modification
of new policies as they relate to DRO-wide programs and in
conjunction with the ICE Office of Investigations and ICE
policy.
DETENTION AND REMOVALS--FUGITIVE OPERATIONS
Included in the amount recommended by the Committee is an
increase of $8,500,000, 42 positions, and 21 full-time
equivalents, above the levels requested in the budget. This
will increase the number of Fugitive Operations teams
nationwide from the current 75 teams to a total of 81 teams.
These teams locate and apprehend fugitive aliens in the United
States. Between fiscal year 2003 and December 1, 2006,
enforcement activities resulted in the removal of 32,106
fugitive aliens. With this increase, these teams are
anticipated to apprehend well in excess of 50,000 alien
absconders in fiscal year 2008.
DETENTION AND REMOVALS--CRIMINAL ALIEN PROGRAM
Included in the amount recommended by the Committee is
$178,829,000 and 991 positions, an increase of $10,500,000 and
146 positions above the levels requested in the budget and
$41,335,000 and 366 positions above the fiscal year 2007
enacted levels. This will allow ICE to field 30 new Criminal
Alien Program [CAP] teams above the fiscal year 2007 enacted
level for a total of 138 teams. It is estimated that the
foreign-born criminal intake at Federal, State, and local
detention facilities in fiscal year 2007 is 630,000.
Identifying illegal aliens for removal while they are
incarcerated for other crimes ensures that these criminal
aliens will not be released into society upon completion of
their sentence. As ICE estimates, each CAP team will identify
and have removed 1,800 aliens annually; these 30 new teams will
remove at least 54,000 aliens.
DETENTION AND REMOVALS REPORTING
The Committee continues to request ICE to submit a
quarterly report to the Committee which compares the number of
deportation, exclusion, and removal orders sought and obtained
by ICE. The report should be broken down by district in which
the removal order was issued; by type of order (deportation,
exclusion, removal, expedited removal, and others); by agency
issuing the order; by the number of cases in each category in
which ICE has successfully removed the alien; and by the number
of cases in each category in which ICE has not removed the
alien. The first fiscal year 2008 quarterly report is to be
submitted no later than January 31, 2008.
DETENTION OF UNACCOMPANIED MINORS
The Committee is disappointed it has not yet received the
report on unaccompanied alien minors which, according to
Conference Report 109-699, was due to the Committees on
Appropriations of the Senate and House of Representatives on
February 8, 2007. Updating and coordinating policies in regard
to unaccompanied alien minors, who are often exploited by alien
smugglers, between DHS and the Office of Refugee Resettlement
should be a key priority for the Department. The Committee
directs the submission of the report immediately.
SEPARATION OF FAMILIES
The Committee continues to be concerned about separation of
families detained by the Border Patrol. The Committee received
the report on the Hutto Family Center in Williamson, Texas as
required by Senate Report 109-273. The report provides an
excellent description of the facility and the steps ICE has
taken to ensure compliance with national detention standards.
However, the report lacks updated forecasts of family detention
space needs for the next 2 years, as requested. The Committee
directs ICE to provide quarterly briefings to the Committee on
family detention space needs and additional steps ICE is taking
to ensure the highest level of compliance with national
detention standards, including training of ICE detention
personnel on adherence to standards. The first quarterly
briefing should occur no later than July 31, 2007.
LOCATION OF ICE OFFICES
In April of 2007, the Department of Homeland Security
submitted a report on the cost and need for establishing ICE
offices in Colorado Springs and Greeley, Colorado, as required
by Senate Report 109-273. ICE determined that there is a
sufficient need to locate some operations in both locations.
The Committee believes that establishing an ICE office in each
of these two cities may be the most efficient way of ensuring
that our immigration laws are effectively enforced in the State
of Colorado and urges the Department to expedite their ongoing
efforts to do so.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2007 2008 budget Committee
enacted \1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters Management and Administration:
Personnel Compensation and Benefits, services and 140,000 162,137 164,637
other costs.........................................
Headquarters Managed IT investment................... 134,013 152,306 152,306
------------------------------------------------------
Subtotal, Headquarters Management and 274,013 314,443 316,943
Administration....................................
======================================================
Legal Proceedings........................................ 187,353 207,850 207,850
======================================================
Investigations:
Domestic............................................. 1,285,229 1,372,328 1,411,101
International \2\.................................... 104,681 108,074 107,551
------------------------------------------------------
Subtotal, Investigations........................... 1,389,910 1,480,402 1,518,652
======================================================
Intelligence............................................. 51,379 52,146 52,146
======================================================
Detention and Removal Operations:
Custody Operations................................... 1,381,767 1,459,712 1,606,163
Fugitive Operations.................................. 183,200 186,145 194,645
Criminal Alien Program............................... 137,494 168,329 178,829
Alternatives to Detention............................ 43,600 43,889 43,889
Transportation and Removal Program................... 238,284 249,084 282,526
------------------------------------------------------
Subtotal, Detention and Removal Operations......... 1,984,345 2,107,159 2,306,052
------------------------------------------------------
Total, U.S. Immigration and Customs Enforcement.... 3,887,000 4,162,000 4,401,643
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $6,000,000 in emergency appropriations pursuant to Public Law 110-28.
\2\ Reflects a transfer of $523,000 to United States Citizenship and Immigration Services pursuant to section
872 of Public Law 107-296.
FEDERAL PROTECTIVE SERVICE
Appropriations, 2007 \1\................................ $516,011,000
Budget estimate, 2008 \1\............................... 613,000,000
Committee recommendation \1\............................ 613,000,000
\1\ Fully funded by offsetting collections paid by General Services
Administration tenants and credited directly to this appropriation.
The Federal Protective Service [FPS] is responsible for the
security and protection of Federal property under the control
of the General Services Administration [GSA]; and for the
enforcement of laws for the protection of persons and property,
the prevention of breaches of peace, and enforcement of any
rules and regulations made and promulgated by the GSA
Administrator. The FPS authority can also be extended by
agreement to any area with a significant Federal interest. The
FPS account provides funds for the salaries, benefits, travel,
training, and other expenses of the program, offset by
collections paid by GSA tenants and credited to the account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $613,000,000 for salaries and
expenses of the Federal Protective Service for fiscal year
2008; this amount is fully offset by collections of security
fees. This is the same as proposed in the budget and includes
an increase of $9,855,000 for pay and other inflationary
adjustments.
FINANCIAL MANAGEMENT
The Federal Protective Service [FPS] mission is to guard
over 8,800 Federal buildings and the tens of thousands of
Americans who work or have business in these buildings. The
explosion of the Murrah Federal Building in Oklahoma City in
1995 and the first attack on the World Trade Center in 1993
demonstrate how critical the need is for a force to protect
Federal facilities and respond to incidents therein. Since its
transfer to the Department of Homeland Security from the
General Services Administration [GSA] in 2003, FPS has been
left to slowly twist in the wind, its funding requirements
ignored by an agency that until recently was deeply mired in
its own fiscal problems. Prior to 2003, any FPS funding
shortfalls were easily made up by GSA's Federal Buildings Fund.
However, since that time, this fee-funded security activity has
been prevented by the Office of Management and Budget [OMB]
from charging sufficient fees to maintain its critical homeland
security and law enforcement missions. Rather than raising fees
for services FPS officers and agents provide, the
administration has chosen instead to ``transform'' FPS and make
major reductions in its mission and its law enforcement
personnel. To meet its artificially low budget fee estimate for
fiscal year 2008, FPS has been forced to reduce agent staffing
through transfer and attrition from 1,196 commanders, police
officers, and inspectors to 950. The increased level of risk
resulting from these reductions is unacceptable.
The Committee directs the Director of OMB and the Secretary
of Homeland Security, no later than November 1, 2007, to
certify in writing that the operations of the Federal
Protective Service will be fully funded in fiscal year 2008
through revenues and collection of security fee colletions. By
fully funded, the Committee means that the FPS shall be staffed
at a level by which it meets its missions requirements,
including timely law enforcement response to incidents at
Federal buildings. Additionally, a similar certification shall
be provided no later than February 10, 2008, for fiscal year
2009.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................ 123,310 186,673 186,673
Building specific security................................ 392,701 426,327 426,327
-----------------------------------------------------
Total, Federal Protective Service \1\............... 516,011 613,000 613,000
----------------------------------------------------------------------------------------------------------------
\1\ Fully funded by offsetting collections paid by General Services Administration tenants and credited directly
to this appropriation.
AUTOMATION MODERNIZATION
Appropriations, 2007x................................... $15,000,000
Budget estimate, 2008...................................................
Committee recommendation................................ 15,000,000
The Automation Modernization account provides funds for
major information technology projects for Immigration and
Customs Enforcement, including the Atlas Program comprised of
seven interrelated project areas for the modernization of the
information technology infrastructure.
COMMITTEE RECOMMENDATIONS
The Committee recommends $15,000,000, to remain available
until expended, for Automation Modernization for fiscal year
2008.
The Committee is once again frustrated that the
administration would eliminate the single source of funding for
upgrading and replacing the aging information technology
platforms in use at ICE. It is not possible to expect the
frontline investigators, detention officers, and lawyers of ICE
to perform their jobs without adequate tools.
EXPENDITURE PLAN
The Committee includes bill language making not less than
$5,000,000 available for the development of Atlas upon the
submission of a comprehensive plan for the program.
CONSTRUCTION
Appropriations, 2007 \1\................................ $56,281,000
Budget estimate, 2008................................... 6,000,000
Committee recommendation................................ 16,250,000
\1\ Includes $30,000,000 in emergency appropriations pursuant to section
520 of Public Law 109-295.
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
Included in the amount recommended by the Committee is
$16,250,000, to be available until expended, an increase of
$10,250,000 above the amount requested in the budget. This
level of resources ensures funding for repairs and alterations
and program management.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
CONSTRUCTION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2007 enacted 2008 budget Committee
\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Krome, Florida, 250-bed secure dorm.......................... 6,409 ............... ...............
Krome, Florida, maintenance.................................. 5,000 ............... ...............
Port Isabel, Texas, Infrastructure........................... 9,000 ............... ...............
Infrastructure improvement project........................... 30,000 ............... ...............
Facility repair and alterations.............................. 5,872 6,000 16,250
--------------------------------------------------
Total, Construction.................................... 56,281 6,000 16,250
----------------------------------------------------------------------------------------------------------------
\1\ Includes $30,000,000 in emergency appropriations pursuant to section 520 of Public Law 109-295.
Transportation Security Administration
The Transportation Security Administration [TSA] is charged
with ensuring security across U.S. transportation systems,
including aviation, railways, highways, pipelines, and
waterways, and safeguarding the freedom of movement of people
and commerce. Separate appropriations are provided for the
following activities within TSA: aviation security; surface
transportation security; transportation threat assessment and
credentialing; transportation security support; and Federal Air
Marshals.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$6,477,578,000 and a net of $3,684,752,000 for the activities
of the Transportation Security Administration for fiscal year
2008.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
TRANSPORTATION SECURITY ADMINISTRATION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation Security......................................... \1\ \2\ 4,953,159 5,039,559
4,739,114
Aviation Security Capital Fund \3\........................ 250,000 ................ ................
Surface Transportation Security........................... 37,200 41,413 41,413
Transportation Threat Assessment and Credentialing (direct \4\ 37,700 77,490 67,490
appropriations)..........................................
Transportation Threat Assessment and Credentialing (fee 76,101 82,601 82,601
funded)..................................................
Transportation Security Support........................... 525,283 524,515 524,515
Federal Air Marshals...................................... \5\ 714,294 722,000 722,000
Rescission................................................ -66,712 ................ ................
-----------------------------------------------------
Total, Transportation Security Administrations 6,312,980 6,401,178 6,477,578
(gross)............................................
=====================================================
Offsetting fee collections................................ -2,420,000 -2,710,225 -2,710,225
Aviation security capital fund............................ -250,000 ................ ................
Fee accounts.............................................. -76,101 -82,601 -82,601
-----------------------------------------------------
Total, Transportation Security Administration (net) 3,566,879 3,608,352 3,684,752
(including transfers)..............................
----------------------------------------------------------------------------------------------------------------
\1\ Includes transfers from the Office of the Secretary and Executive Management ($300,000), the Office of the
Under Secretary for Management ($5,000,000), and Secure Flight ($2,000,000) pursuant to Public Law 110-5.
\2\ Excludes $390,000,000 in emergency appropriations pursuant to Public Law 110-28.
\3\ The Aviation Security Capital Fund provides $250,000,000 in direct funding from fee collections pursuant to
section 605 of Public Law 108-76, the authorization for the Aviation Security Capital Fund expires September
30, 2007.
\4\ Includes a transfer of $2,000,000 to Aviation Security pursuant to Public Law 110-5.
\5\ Excludes $5,000,000 in emergency appropriations pursuant to Public Law 110-28.
AVIATION SECURITY
Appropriations, 2007 \1\ \2\............................ $4,739,114,000
Budget estimate, 2008................................... 4,953,159,000
Committee recommendation................................ 5,039,559,000
\1\ Includes transfers from the Office of the Secretary and Executive
Management ($300,000), the Office of the Under Secretary for Management
($5,000,000), and Secure Flight ($2,000,000) pursuant to Public Law 110-
5.
\2\ Excludes $390,000,000 in emergency appropriations pursuant to Public
Law 110-28.
The Transportation Security Administration [TSA] aviation
security account provides for Federal aviation security,
including screening of all passengers and baggage, deployment
of on-site law enforcement, continuation of a uniform set of
background requirements for airport and airline personnel, and
deployment of explosives detection technology.
The aviation security activities include funding for:
Federal transportation security officers [TSOs] and private
contract screeners; air cargo security; procurement,
installation, and maintenance of explosives detection systems;
checkpoint support; and other aviation regulation and
enforcement activities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,039,559,000 for aviation
security, $86,400,000 above the amount requested and
$300,445,000 above the fiscal year 2007 level. Consistent with
the budget request, the Committee provides for the
consolidation of maintenance funds for checkpoint support and
explosives detection systems [EDS]/explosives trace detection
[ETD] into one program, project and activity [PPA] called
screening technology maintenance and utilities. The Committee
believes combining the maintenance of all equipment under one
PPA provides a more complete picture of all maintenance costs
for equipment deployed throughout the Nation's airports. The
Committee also consolidates EDS procurement and installation
funding into one PPA. The Committee expects the fiscal year
2008 expenditure plan for EDS/ETD activities to include details
on procurements, installations, maintenance, and operational
integration on an airport-by-airport basis. The Committee does
not consolidate the aviation regulation and enforcement PPA
with the air cargo PPA, as requested. The Committee believes
merging these PPA's would dilute efforts underway to screen all
air cargo carried on passenger aircraft.
The Committee continues a statutory requirement concerning
screening of Federal Government officials. Further, the
Committee does not continue a statutory requirement capping
full-time equivalent Transportation Security Officers [TSOs] at
45,000. As the number of air passengers continues to grow, TSA
needs flexibility to staff TSOs accordingly.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
AVIATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screening operations..................................... 3,768,266 3,992,489 4,074,889
Aviation direction and enforcement....................... 963,548 960,445 964,445
Aviation Security Capital Fund \2\....................... (250,000) ................ ................
Transfer pursuant to Public Law 110-5.................... 7,300 ................ ................
Air Cargo/DCA General Aviation Fees...................... ................. 225 225
------------------------------------------------------
Total, Aviation Security........................... 4,739,114 4,953,159 5,039,559
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $390,000,000 in emergency appropriations pursuant to Public Law 110-28.
\2\ The Aviation Security Capital Fund provides $250,000,000 in direct funding from fee collections pursuant to
Section 605 of Public Law 108-176. The authorization for the Aviation Security Capital Fund expires September
30, 2007.
AVIATION SECURITY FEES
The Congressional Budget Office, in its analysis of the
President's budget, has reestimated collections from existing
aviation security fees to be $2,710,000,000. For the first time
in 3 years, the administration has not submitted a budget
``gimmick'' to artificially increase the Department's budget
through a legislative proposal to raise passenger aviation
security fees. The Committee applauds this decision and reminds
the Department that any future proposals should be channeled
through the appropriate legislative committees.
SCREENING OPERATIONS
The Committee recommends $4,074,889,000 for TSA screening
operations.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
SCREENING OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Privatized screening airports.......................... 148,600 143,385 143,385
Passenger and baggage screener personnel, compensation 2,470,200 2,601,404 2,601,404
and benefits..........................................
Screener training and other............................ 244,466 200,466 200,466
Human resource services................................ 207,234 182,234 182,234
Checkpoint support..................................... 173,366 136,000 136,000
========================================================
EDS/ETD systems:
EDS/ETD purchase and installation.................. \2\ 279,400 440,000 529,400
EDS/ETD maintenance................................ 222,000 ................ ................
Operation integration.............................. 23,000 25,000 25,000
Screening technology maintenance and utilities \3\. ................... 264,000 257,000
--------------------------------------------------------
Subtotal, EDS/ETD systems........................ 524,400 729,000 811,400
========================================================
Total, screening operations...................... 3,768,266 3,992,489 4,074,889
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $310,000,000 in emergency appropriations pursuant to Public Law 110-28.
\2\ Excludes $250,000,000 provided pursuant to section 605 of Public Law 108-476.
\3\ Consolidates all screening technology maintenance activities, including checkpoint technology maintenance.
PRIVATIZED SCREENING AIRPORTS
The Committee recommends $143,385,000 for contract
screening airports for fiscal year 2008. This amount is
$5,215,000 less than the fiscal year 2007 level and the same as
the level proposed in the budget.
The Committee is aware of minimal interest in the
privatized screening program, thus far. To date, only two
airports beyond the five originally mandated have opted for
privatized screening. If additional airports ``opt out,'' the
Committee encourages TSA to seek a reprogramming of necessary
funds pursuant to section 503 of this act.
PASSENGER AND BAGGAGE SCREENER PERSONNEL, COMPENSATION AND BENEFITS
The Committee recommends $2,601,404,000 for passenger and
baggage screener personnel, compensation and benefits. This
funding supports the Transportation Security Officer [TSO]
workforce. This amount is $131,204,000 above the fiscal year
2007 level and the same as proposed in the budget.
TRAVEL DOCUMENT CHECKERS
The Committee includes $45,000,000 for the travel document
checker initiative instead of $60,000,000 as requested. The
Committee believes sufficient funding is available through the
amount provided in this bill, as well as projected under-burn
of current year staffing and prior year carryover balances, to
fully staff the 40 highest risk airports, as requested. The
Committee directs TSA to explore alternative staffing
approaches used at smaller airports, which could alleviate some
of the costs for the initiative. Further, the Committee directs
TSA to brief the Committee on the indirect costs, such as
training and equipment, as well as milestones, expected
benefits, and measures that will be used to evaluate the
success of this new program. This briefing should also include
an update on integration of this program with the US VISIT air
exit solution.
SCREENING AIRPORT EMPLOYEES
Recent airport security breaches have highlighted the
ongoing need for stricter screening standards for airport
employees. The Committee provides $15,000,000 to pilot various
methods to evaluate screening of airport employees, such as
physical inspection, behavioral recognition, biometric access
control, and technology deployment including cameras and body
imaging. Within 90 days after the date of enactment of this
act, TSA shall provide a briefing on how it will utilize the
$15,000,000 to harden and bolster employee screening. The
Committee directs TSA to provide a briefing on each pilot, 2
months after each pilot is completed, and interim briefings on
progress and results no later than March 31, 2008. Because the
pilots require staffing and technology solutions, these funds
are eligible for activities funded by this PPA and the
checkpoint support PPA.
The Committee is also aware of legislative proposals to
screen 100 percent of airport employees at the same level of
screening as passengers. If such legislation is enacted, TSA is
permitted to use these funds to comply with those requirements.
WORKER'S COMPENSATION PAYMENTS
The Committee has also included $58,700,000 for worker's
compensation payments, an increase of $3,500,000 from fiscal
year 2007 and the same as requested. The budget justification
indicates that TSA continues to aggressively reduce the Office
of Worker's Compensation Program costs through various
strategies. No later than 90 days after the enactment of this
act, TSA shall provide the Committee with a briefing that shows
how the strategies detailed in the budget justification will
mitigate the number of injuries and reduce outyear costs,
including estimates for each of fiscal years 2009 through 2013.
BEHAVIOR DETECTION
Over the past 3 years, TSA has expanded the mission of
Transportation Security Officers by deploying Behavior
Detection Officers [BDO] at airports nationwide. BDOs are part
of a program called ``Screening Passengers by Observational
Techniques'' or ``SPOT''. The Committee notes that TSA plans to
aggressively expand this program to all major airports by the
end of fiscal year 2007. This program is designed to provide
added value to a layered security system; however, information
contained in TSA's fiscal years 2007 and 2008 budget requests
about the SPOT program is limited at best. TSA's strategic
information contained in the congressional justification simply
states the increased use of BDOs will, ``greatly enhance
security and deterrence efforts.'' The Committee therefore
directs TSA to submit a report on the SPOT program by February
5, 2008, to include: program goals; performance measures;
successes to date; key milestones; a deployment schedule; and
training requirements for BDOs, including personnel trained in
Federal privacy, civil rights, and civil liberties standards.
SCREENER TRAINING AND OTHER
The Committee provides $200,466,000 for screener training
and other, a decrease of $44,000,000 from the fiscal year 2007
level and the same level proposed in the budget. The reduction
from the fiscal year 2007 level is the result of program
efficiencies and the discontinuation of the baggage sticker
program.
HUMAN RESOURCE SERVICES
The Committee provides $182,234,000 for human resource
services. This amount is $25,000,000 below the fiscal year 2007
level and the same amount proposed in the budget. Funding is
provided to manage human resources, payroll, personnel
policies, programs and systems, maintain oversight of all human
resources contractual activities, and provide advice and
counsel to senior managers on personnel issues.
CHECKPOINT SUPPORT
The Committee recommends $136,000,000 for checkpoint
support, $37,366,000 below the fiscal year 2007 level and the
same as the amount proposed in the budget. Funds are provided
to field test and deploy passenger screening, carry-on baggage
screening, checkpoint reconfiguration, and electronic
surveillance of checkpoints. Funds for checkpoint equipment
maintenance have been consolidated into a new PPA line called
screening technology maintenance and utilities. Funds provided
under the passenger and baggage screener personnel,
compensation and benefits PPA for airport employee screening
pilots are eligible for activities funded by this PPA.
The August 2006 plot to blow up commercial airliners over
the Atlantic Ocean proved that new technologies are necessary
to detect threats such as liquid explosives at airport
checkpoints. The Committee supports funding for emerging
checkpoint technologies, but is deeply concerned that TSA has
failed to meet a direction in the joint explanatory statement
of managers accompanying the fiscal year 2007 conference report
(Report 109-699) to submit a strategic plan for deployment of
checkpoint technologies. TSA has also moved slowly to deploy
emerging checkpoint technology at airports. As of March 31,
2007, over $176,000,000 remains unobligated, over 75 percent of
TSA's total obligational authority for checkpoint support for
fiscal year 2007. The Committee withholds $20,000,000 from TSA
Headquarters Administration until the strategic plan required
by the joint explanatory statement of managers accompanying the
fiscal year 2007 conference report (Report 109-699) is
submitted to the Committee.
EXPLOSIVES DETECTION SYSTEMS
The Committee recommends $529,400,000, $89,400,000 above
the request level for explosives detection system [EDS] and
explosives trace detection [ETD] procurement and installation.
The Committee remains concerned with the administration's
commitment to this program. The request for fiscal year 2008
reduced funding for procurement and installation by 17 percent.
A recent baggage screening investment study by the Aviation
Security Advisory Committee concluded that, ``without expedited
capital investments, the life-cycle replacement requirements
for initially deployed screening systems will impede
investments in new optimal systems, slowing deployment of
additional EDS equipment to additional airports and increasing
costs.''
Within the funds provided, up to $75,000,000 may be
available to procure and deploy next generation explosive
detection systems. Next generation EDS are potentially more
efficient than the current generation of screening units and
may demonstrate a significant improvement in installation,
integration, and life-cycle costs when compared to existing
systems. The Department should explore multiple technologies in
this area. Within the context of the TSA Strategic Planning
Framework, the Committee further directs TSA to give thorough
consideration to the needs of medium and small airports that do
not have certified EDS equipment.
The Committee directs TSA to submit an expenditure plan no
later than 60 days after the enactment of this act detailing
procurements, installations, maintenance, and operational
integration on an airport-by-airport basis for fiscal year
2008.
The Committee notes that funding made available through the
Aviation Security Capital Fund as authorized by the Vision
100--Century of Aviation Reauthorization Act (Public Law 108-
176) expires September 30, 2007.
The Committee is aware that while most airports completed
installation of in-line EDS screening solutions either within
or below the funding levels provided for under an existing
Letter of Intent [LOI], there were also some airports where the
current estimated final project costs significantly exceed the
original project estimates. The Committee encourages TSA to use
its existing authority to amend any such LOI to reflect the
revised estimated costs that subsequently were validated as
reimbursable prior to the date of enactment of this act.
OPERATION INTEGRATION
The Committee recommends $25,000,000, an increase of
$2,000,000 from the fiscal year 2007 level and the same amount
proposed in the budget, for operation integration.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES
The Committee recommends $257,000,000, an increase of
$35,000,000 from the fiscal year 2007 level and a decrease of
$7,000,000 from the level proposed in the budget, for screening
technology maintenance and utilities.
Consistent with the request, the Committee provides for the
consolidation of maintenance funds for checkpoint support and
explosives detection equipment into one PPA. The Committee
believes combining the maintenance of all equipment under one
PPA provides a more complete picture of all maintenance costs
for equipment deployed throughout the Nation's airports.
As of March 31, 2007, over $176,000,000 remained
unobligated for deployment of emerging passenger screening
equipment and related maintenance. Because TSA has been slow to
make procurement decisions for checkpoint technology, the
Committee recommends $30,000,000 for checkpoint technology
maintenance funding, $7,000,000 below the request.
AVIATION SECURITY DIRECTION AND ENFORCEMENT
The Committee recommends $964,445,000 for aviation
direction and enforcement, an increase of $4,000,000 from the
fiscal year 2007 level and the request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
AVIATION SECURITY DIRECTION AND ENFORCEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation regulation and other enforcement................. 217,516 223,653 223,653
Airport management, information technology, and support... 666,032 655,933 645,933
Federal flight deck officer and flight crew training 25,000 25,091 25,091
programs.................................................
Air cargo security........................................ 55,000 55,768 65,768
Airport perimeter security................................ ................ ................ 4,000
-----------------------------------------------------
Total, Aviation Security Direction and Enforcement.. 963,548 960,445 964,445
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $80,000,000 in emergency appropriations pursuant to Public Law 110-28.
AVIATION REGULATION AND OTHER ENFORCEMENT
The Committee recommends $223,653,000, as proposed in the
budget, for aviation regulation and other enforcement.
AIRPORT MANAGEMENT, INFORMATION TECHNOLOGY, AND SUPPORT
The Committee recommends $645,933,000, a decrease of
$10,000,000 from the request. The reduction below the request
is made due to high unobligated balances available for this
program.
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING PROGRAMS
The Committee recommends $25,091,000, as proposed in the
budget, for Federal flight deck officer and flight crew
training programs.
AIR CARGO SECURITY
The Committee recommends $65,768,000, an increase of
$10,000,000 above the request, for air cargo security
activities.
The additional funds shall be used to deploy additional
canine teams to airports with a high volume of air cargo and
for equipment, technology, and other methods to screen air
cargo.
These funds build on the $80,000,000 included in the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28) to
hire no fewer than 150 additional air cargo inspectors, 170
additional canine teams, and screening technology to secure air
cargo. The Committee fully expects the expenditure plan for
those funds to be submitted, as required, no later than August
30, 2007. A portion of the emergency supplemental funding was
provided to complete air cargo vulnerability assessments at all
Category X airports. The Committee directs TSA, no later than
March 1, 2008, to brief the Committee on the results of the
vulnerability assessments. The briefing shall identify
vulnerabilities facing domestic air cargo operations, plans and
resources necessary to ameliorate them, and a timeline for
implementation.
Based on a recent Government Accountability Office [GAO]
report (GAO-07-660) on U.S. bound air cargo, several weaknesses
and gaps exist to secure such cargo entering the country. By
February 5, 2008, the Secretary is directed to submit to the
Committee a detailed action plan for U.S. bound air cargo
addressing each of the recommendations contained in the 2007
GAO report . The plan shall include resources necessary to
carry out such actions as well as a timeline for
implementation.
The Committee continues a general provision directing the
Secretary of Homeland Security to: (1) research, develop, and
procure new technology to inspect and screen air cargo carried
on passenger aircraft at the earliest date possible; (2)
require existing checked baggage explosives detection equipment
and screeners be utilized to screen air cargo carried on
passenger aircraft, to the greatest extent practicable, at each
airport until such technologies are available; and (3) provide
quarterly reports on air cargo inspection statistics, by
airport and air carrier, including any reasons for non-
compliance with the second proviso of section 513 of Public Law
108-334.
AIRPORT PERIMETER SECURITY
The recently foiled terrorist plot to detonate fuel storage
tanks and pipelines at Kennedy International Airport highlights
the wide range of threats to the aviation sector. While TSA has
focused primarily on passenger and baggage screening, security
of airport perimeters, such as airfield fencing, access gates,
and fuel storage tanks, remain vulnerable. In fiscal year 2006,
the Committee provided $4,000,000 above the President's request
for airport perimeter security pilots. Today, those funds
remain unspent. The Committee expects these pilots to be
competitively awarded in fiscal year 2007 and provides an
additional $4,000,000 for fiscal year 2008 for further pilot
projects. TSA shall also provide a report to the Committee by
February 5, 2008, on actions taken to implement recommendations
made in the April 2004 Government Accountability Office report
(GAO-04-728), which identified weaknesses in airport perimeter
security and made several recommendations to enhance security
in this area.
SURFACE TRANSPORTATION SECURITY
Appropriations, 2007.................................... $37,200,000
Budget estimate, 2008................................... 41,413,000
Committee recommendation................................ 41,413,000
Surface transportation security provides funding for
personnel and operational resources to assess the risk of a
terrorist attack on non-aviation modes, standards and
procedures to address those risks, and ensuring compliance with
established regulations and policies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $41,413,000, as proposed in the
budget, for surface transportation security.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
SURFACE TRANSPORTATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Staffing and Operations................................... 24,000 24,485 24,485
Rail Security Inspectors and Canines...................... 13,200 16,928 16,928
-----------------------------------------------------
Total, Surface Transportation Security.............. 37,200 41,413 41,413
----------------------------------------------------------------------------------------------------------------
HAZARDOUS MATERIALS TRUCK TRACKING AND TRAINING
The Committee remains supportive of the hazardous materials
truck tracking and training program. No additional funding is
recommended for the program due to the availability of
unobligated balances to continue these activities in fiscal
year 2008.
RAIL SECURITY
The Committee recommends $16,928,000, as proposed in the
budget, for the safety and security of the Nation's railways.
The increase of $3,728,000 from the fiscal year 2007 level will
support 100 rail inspectors and full operation of 82 canine
teams, an increase of 45 teams from the fiscal year 2007 level.
These inspectors are to conduct on-site inspections of transit
and passenger rail systems to ensure compliance with minimum
standards security directives and to identify coverage gaps.
The Committee expects TSA Federal compliance inspectors to
leverage existing TSA, Federal Railroad Administration, and
Federal Transit Administration resources. The Committee
provides additional funding for rail security in the Federal
Emergency Management Agency's State and Local Programs and
Science and Technology appropriations.
SURFACE TRANSPORTATION
The Committee is cognizant of the disparity of resources
between surface transportation security and aviation security.
The Committee encourages TSA to utilize technologies, which
would have the effect of force multipliers when considering the
movement of goods and commerce on our rail and inland
navigation systems.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
Appropriations, 2007 \1\................................ $37,700,000
Budget estimate, 2008................................... 77,490,000
Committee recommendation................................ 67,490,000
\1\ Includes a $2,000,000 transfer to Aviation Security pursuant to
Public Law 110-5.
Transportation threat assessment and credentialing includes
several TSA credentialing programs: Secure Flight, Crew
Vetting, Screening Administration and Operations, Registered
Traveler, Transportation Worker Identification Credential,
Hazardous Materials Commercial Drivers License Endorsement
Program, and Alien Flight School.
COMMITTEE RECOMMENDATIONS
The Committee recommends a direct appropriation of
$67,490,000, a reduction of $10,000,000 from the request. In
addition, an estimated $82,601,000 in fee collections are
available for these activities, as proposed in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Secure Flight \1\..................................... 13,000 53,000 28,000
Crew vetting.......................................... 14,700 14,990 14,990
Screening administration and operations............... 10,000 9,500 9,500
Transportation worker identification credential ................ ................ 15,000
(direct appropriation)...............................
-----------------------------------------------------
Total Appropriations, Threat Assessment and 37,700 77,490 67,490
Credentialing....................................
=====================================================
Fee accounts:
Registered Traveler Program fees...................... 35,101 35,101 35,101
Transportation Worker Identification Credential Fees.. 20,000 26,500 26,500
HAZMAT fees........................................... 19,000 19,000 19,000
Alien Flight School fees \2\.......................... 2,000 2,000 2,000
-----------------------------------------------------
Total Fees, Threat Assessment and Credentialing..... 76,101 82,601 82,601
----------------------------------------------------------------------------------------------------------------
\1\ Includes a $2,000,000 transfer to Aviation Security purusant to Public Law 110-5.
\2\ Fees transferred from the Department of Justice to the Department of Homeland Security pursuant to section
612 of Public Law 108-176.
The Committee recommends $28,000,000 for secure flight,
$15,000,000 above the fiscal year 2007 level and $25,000,000
below the request. Consistent with recommendations of the 9/11
Commission, the Committee supports the development of an
effective screening program that prevents known terrorists from
boarding airplanes, but does not invade the privacy rights of
U.S. citizens. Unfortunately, after more than 18 months
``rebaselining'' secure flight, TSA has been unable to fully
articulate the goals, objectives, and requirements for the
program. The Committee notes that lifecycle cost information
has been limited and spend plan estimates for the fiscal year
2008 request have varied widely. The Government Accountability
Office [GAO] has previously reported, on multiple occasions,
that the Secure Flight program had not finalized its goals,
objectives, and requirements or met key milestones. Therefore,
the Committee does not provide the level requested in the
budget. The Committee includes a general provision granting TSA
transfer authority of up to $25,000,000 if it demonstrates
significant improvement in the development of secure flight,
including a review by GAO, consistent with its ongoing
assessment of the program.
CREW VETTING
The Committee recommends $14,990,000, as proposed in the
budget, for continued evaluation and analysis of airline crew
lists against watch lists and lost/stolen passport lists.
SCREENING ADMINISTRATION AND OPERATIONS
The Committee recommends $9,500,000, a decrease of $500,000
from the fiscal year 2007 level, and the same as the level
proposed in the budget for screening administration and
operations.
REGISTERED TRAVELER
The Committee assumes $35,101,000, as proposed in the
budget, in fee collections to fully integrate the international
and domestic registered traveler program.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The Committee assumes $26,500,000, as proposed in the
budget, in fee collections for the transportation worker
identification credential [TWIC]. The Committee includes a
direct appropriation of $15,000,000 for the TWIC program for
card reader pilots.
The Committee is disappointed with TSA's inability to meet
statutory timelines for the deployment of TWIC. Over
$99,000,000 has been appropriated for this program since fiscal
year 2003. Yet, today, TSA still does not have a deployment
plan, and schedules continue to slip. TSA missed the March 26,
2007, target date to start program enrollments at the first
port, and it now appears TSA will miss a mandated July 1, 2007,
deadline to implement TWIC at the top 10 priority ports. This
delay puts in jeopardy the goal of implementing TWIC at the top
40 ports by January 1, 2008, and all other ports by January 1,
2009.
The Committee is also disappointed that the TSA request
includes no funds to implement the deployment of transportation
security card readers at five ports (to be determined by TSA),
as mandated by section 104(k) of the Security and
Accountability For Every Port Act of 2006 (Public Law 109-347).
Therefore, the Committee provides $15,000,000 to carry out that
mandate. The Committee directs TSA to submit the schedule for
deployment of the pilots, consistent with section 104(k) of
Public Law 109-347, to the Committee on Appropriations and the
Committee on Commerce, Science, and Transportation no later
than 60 days after the date of enactment of this act.
HAZARDOUS MATERIALS DRIVER LICENSE ENDORSEMENT PROGRAM
The Committee assumes $19,000,000, as proposed in the
budget, in fee collections to conduct name and criminal
background checks on an estimated 3.5 million hazardous
materials commercial drivers.
ALIEN FLIGHT SCHOOL BACKGROUND CHECKS
The Committee assumes $2,000,000, as proposed in the
budget, in fee collections to conduct background checks on
aliens and other individuals determined by the Secretary who
present risk to aviation and national security.
TRANSPORTATION SECURITY SUPPORT
Appropriations, 2007.................................... $525,283,000
Budget estimate, 2008................................... 524,515,000
Committee recommendation................................ 524,515,000
The transportation security support account supports the
operational needs of TSA's extensive airport/field personnel
and infrastructure. Transportation security support includes
headquarters' personnel, pay, benefits and support;
intelligence; mission support centers; and training and
information technology support for headquarters.
COMMITTEE RECOMMENDATIONS
The Committee recommends an appropriation of $524,515,000
for transportation security support activities for fiscal year
2008.
The following table summarizes the Committee's
recommendations compared to the fiscal year 2007 and budget
request levels:
TRANSPORTATION SECURITY SUPPORT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2008 budget Committee
2007 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Intelligence................................................. 21,000 21,000 21,000
==================================================
Administration headquarters support and training............. 294,191 294,191 294,191
Information technology....................................... 210,092 209,324 209,324
--------------------------------------------------
Total, Transportation Security Support................. 525,283 524,515 524,515
----------------------------------------------------------------------------------------------------------------
INTELLIGENCE
The Committee recommends $21,000,000, as proposed in the
budget, to continue liaison work between intelligence and law
enforcement communities.
ADMINISTRATION
The Committee recommends $294,191,000, as proposed in the
budget, for TSA administration. The Committee has included bill
language withholding the obligation of $20,000,000 of this
amount until the checkpoint support strategic plan required in
the joint explanatory statement of managers accompanying the
fiscal year 2007 conference report (Report 109-699) is
submitted to the Committees on Appropriations.
INFORMATION TECHNOLOGY
The Committee recommends $209,324,000, as proposed in the
budget, to support information technology.
FEDERAL AIR MARSHALS
Appropriations, 2007 \1\................................ $714,294,000
Budget estimate, 2008................................... 722,000,000
Committee recommendation................................ 722,000,000
\1\ Excludes $5,000,000 in emergency appropriations pursuant to Public
Law 110-28.
The Federal Air Marshals [FAMs] protect the air
transportation system against terrorist threats, sabotage, and
other acts of violence. The FAMs account provides funds for the
salaries, benefits, travel, training, and other expenses of the
program.
COMMITTEE RECOMMENDATIONS
The Committee recommends $644,173,000, as proposed in the
budget, for management and administration; and $77,827,000 for
travel and training of the Federal Air Marshals for fiscal year
2008.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
FEDERAL AIR MARSHALS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and administration............................. 628,494 644,173 644,173
Travel and training....................................... 85,800 77,827 77,827
-----------------------------------------------------
Total, Federal Air Marshals......................... 714,294 722,000 722,000
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $5,000,000 in emergency appropriations pursuant to Public Law 110-28.
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.
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
$8,559,202,000 for the activities of the Coast Guard for fiscal
year 2008. In stark contrast to the President's ``current
services'' budget for the Coast Guard, the Committee
recommendation includes a significant increase above the
request to address known vulnerabilities and shortfalls.
Funding is recommended for additional port security inspectors,
port security vulnerability assessments, long-range vessel
tracking capabilities, and interagency operational centers for
port security. These increases are consistent with the Security
and Accountability For Every Port Act of 2006 (Public Law 109-
347) and the Maritime Transportation Security Act (Public Law
107-295). Further, the Committee recommendation includes an
increase above the request for security of certain dangerous
cargoes.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
UNITED STATES COAST GUARD--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operating Expenses........................................ \1\ \2\ 5,477,65 5,894,295 5,930,545
7
Environmental Compliance and Restoration.................. 10,880 12,079 12,079
Reserve Training.......................................... 122,448 126,883 126,883
Acquisition, Construction, and Improvements............... \3\ \4\ 1,306,14 \5\ 949,281 \6\ 991,281
5
Alteration of Bridges..................................... 16,000 ................ 16,000
Research, Development, Test and Evaluation................ 17,000 17,583 25,583
Health Care Fund (Permanent Indefinite Appropriations).... 278,704 272,111 272,111
Retired Pay (mandatory)................................... \7\ 1,063,323 1,184,720 1,184,720
-----------------------------------------------------
Total, United States Coast Guard.................... 8,292,157 8,456,952 8,559,202
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $90,000,000 in emergency appropriations transferred to the Coast Guard pursuant to Public Law 109-
289 and a rescission of $25,595,532 pursuant to Public Law 110-28.
\2\ Excludes $505,000 credited to the operating expenses appropriation pursuant to Public Law 106-355 for funds
received from the sale of lighthouses.
\3\ Includes $175,800,000 in emergency appropriations pursuant to section 520 of Public Law 109-295 and excludes
$30,000,000 in appropriations pursuant to Public Law 110-28.
\4\ Includes rescissions of $102,793,508 from amounts made available in Public Law 109-90.
\5\ Includes a rescission of $48,787,000 from amounts made available in Public Law 109-90.
\6\ Includes rescissions of $56,787,000 from amounts made available in Public Laws 109-90 and 109-295.
\7\ Excludes $30,000,000 in mandatory appropriation pursuant to Public Law 110-28.
The Coast Guard will pay an estimated $272,111,000 in
fiscal year 2008 to the Medicare-Eligible Retiree Health Care
Fund for the costs of military, Medicare-eligible health
benefits earned by its uniformed service members. The
contribution is funded by permanent, indefinite discretionary
authority pursuant to the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375).
OPERATING EXPENSES
Appropriations, 2007 \1\ \2\ \3\........................ $5,477,657,000
Budget estimate, 2008................................... 5,894,295,000
Committee recommendation................................ 5,930,545,000
\1\ Excludes $90,000,000 in emergency appropriations transferred to the
Coast Guard pursuant to Public Law 109-289 and a rescission of
$25,595,532 pursuant to Public Law 110-28.
\2\ Excludes $505,000 credited to the operating expenses appropriation
pursuant to Public Law 106-355 for funds received from the sale of
lighthouses.
\3\ Excludes $30,000,000 appropriated to address the patrol boat
operational gap pursuant to Public Law 110-28.
The Operating Expenses appropriation provides funds for the
operation and maintenance of multipurpose vessels, aircraft,
and shore units strategically located along the coasts and
inland waterways of the United States and in selected areas
overseas. The program activities of this appropriation fall
into the following categories:
Search and Rescue.--As one of its earliest and most
traditional missions, the Coast Guard maintains a nationwide
system of boats, aircraft, cutters, and rescue coordination
centers on 24-hour alert.
Aids to Navigation.--To help mariners determine their
location and avoid accidents, the Coast Guard maintains a
network of manned and unmanned aids to navigation along the
Nation's coasts and on its inland waterways. In addition, the
Coast Guard operates radio stations in the United States and
abroad to serve the needs of the armed services and marine and
air commerce.
Marine Safety.--The Coast Guard ensures compliance with
Federal statutes and regulations designed to improve safety in
the merchant marine industry and operates a recreational
boating safety program.
Marine Environmental Protection.--The primary objectives of
the marine environmental protection program are to minimize the
dangers of marine pollution and to assure the safety of ports
and waterways.
Enforcement of Laws and Treaties.--The Coast Guard is the
principal maritime enforcement agency with regard to Federal
laws on the navigable waters of the United States and the high
seas, including fisheries, drug smuggling, illegal immigration,
and hijacking of vessels.
Ice Operations.--In the Arctic and Antarctic, Coast Guard
icebreakers escort supply ships, support research activities
and Department of Defense operations, survey uncharted waters,
and collect scientific data. The Coast Guard also assists
commercial vessels through ice-covered waters.
Defense Readiness.--During peacetime, the Coast Guard
maintains an effective state of military preparedness to
operate as a service in the Navy in time of war or national
emergency at the direction of the President. As such, the Coast
Guard has primary responsibility for the security of ports,
waterways, and navigable waters up to 200 miles offshore.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,930,545,000 for Coast Guard
Operating Expenses, including $24,500,000 from the Oil Spill
Liability Trust Fund and $340,000,000 for Coast Guard defense-
related activities. The Committee recommends $10,000 for
official reception and representation expenses.
The recommended amount is $36,250,000 above the request and
$452,888,000 above the fiscal year 2007 enacted level. The
Committee denies the request to transfer a portion of the
Bridge Administration program to the Department of
Transportation's Maritime Administration. The Committee lacks
jurisdiction to enact such a proposal. Therefore, an additional
$2,650,000 is recommended above the request to maintain this
function within the Coast Guard.
The Committee recommendation includes $12,000,000, as
proposed in the budget, for the National Maritime Center
consolidation.
The Committee encourages the Coast Guard to use up to
$3,600,000, subject to the approval of a prospectus, to begin
planning and design of an expansion to the Coast Guard's
Operations Systems Center [OSC]. The OSC develops, fields,
maintains, operates, and provides user support for Coast Guard
enterprise information systems. The OSC continues to experience
steady growth in both the number of systems being developed and
the number of people required to support those systems.
Currently, 500 government and contractor personnel work at the
OSC. The existing main facility space has been at capacity for
3 years and it will not accommodate expected growth. The Coast
Guard is in the process of putting employees in temporary
trailers. Additional space on the existing facility will allow
all employees to be located at the main campus and allow for
anticipated growth. It is anticipated that the Coast Guard will
work with the General Services Administration on this
expansion.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ \2\ \3\ budget request recommendations \2\
----------------------------------------------------------------------------------------------------------------
Military pay and related costs:
Military pay and allowances..................... 2,342,434 2,496,230 2,496,230
Military health care............................ 337,324 348,960 348,960
Permanent change of stations.................... 108,518 113,432 113,432
-----------------------------------------------------------
Subtotal, Military pay and related costs...... 2,788,276 2,958,622 2,958,622
===========================================================
Civilian pay and benefits........................... 569,434 630,669 633,319
===========================================================
Training and recruiting:
Training and education.......................... 83,556 85,593 85,593
Recruiting...................................... 97,320 100,955 100,955
-----------------------------------------------------------
Subtotal, Training and recruiting............. 180,876 186,548 186,548
===========================================================
Operating funds and unit level maintenance:
Atlantic area command........................... 188,982 199,242 199,242
Pacific area command............................ 196,449 215,925 215,925
1st district.................................... 50,388 58,573 58,573
7th district.................................... 63,771 77,138 77,138
8th district.................................... 39,985 46,129 46,129
9th district.................................... 28,756 32,084 32,084
13th district................................... 20,569 23,230 23,230
14th district................................... 15,754 19,401 19,401
17th district................................... 25,604 31,734 31,734
Headquarters offices............................ 255,253 271,914 271,914
Headquarters managed units...................... 125,104 131,153 131,153
Other activities................................ 759 31,676 31,676
-----------------------------------------------------------
Subtotal, Operating funds and unit level 1,011,374 1,138,199 1,138,199
maintenance..................................
===========================================================
Centrally-managed accounts.......................... 201,968 226,215 229,815
===========================================================
Intermediate and depot level maintenance:
Aircraft maintenance............................ 265,979 295,950 295,950
Electronic maintenance.......................... 111,736 118,968 118,968
Ocean engineering and shore facility maintenance 176,394 171,317 171,317
Vessel maintenance.............................. 156,620 167,807 167,807
-----------------------------------------------------------
Subtotal, Intermediate and depot level 710,729 754,042 754,042
maintenance..................................
===========================================================
Port Security Enhancements.......................... 15,000 ................ 30,000
===========================================================
Total, Operating expenses..................... 5,477,657 5,894,295 5,930,545
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $90,000,000 in emergency appropriations transferred to the Coast Guard pursuant to Public Law 109-
289 and a rescission of $25,595,532 pursuant to Public Law 110-28.
\2\ Excludes $505,000 credited to the operating expenses appropriation pursuant to Public Law 106-355 for funds
received from the sale of lighthouses.
\3\ Excludes $30,000,000 appropriated to address the patrol boat operational gap pursuant to Public Law 110-28.
PORT SECURITY ENHANCEMENTS
The Committee recommendation includes $15,000,000 for port
security enhancements. Building on funds included in the fiscal
year 2007 Homeland Security Appropriations Act (Public Law 109-
295) and consistent with the Security and Accountability For
Every Port Act of 2006 (Public Law 109-347) and the Maritime
Transportation Security Act of 2002 [MTSA] (Public Law 107-
295), this funding may be used to: double the frequency of spot
checks at the 3,200 MTSA regulated facilities; conduct
vulnerability assessments at high risk ports; conduct
vulnerability studies; and develop a long-range automated
vessel tracking system. Within 90 days after the date of
enactment of this act, the Coast Guard shall provide an
expenditure plan to the Committee for these funds.
SECURITY OF DANGEROUS CARGOES
A key finding in a recent Government Accountability Office
report revealed that the Coast Guard lacks necessary resources
to meet requirements for protecting vessels and waterside
facilities that contain hazardous substances. The report
revealed that resource limitations include a shortage of boats
and qualified personnel to carry out security requirements. The
Coast Guard has warned that ``water-borne improvised explosive
devices could be used in a Cole- or Limburg-like attack against
cruise ships, petroleum or chemical tankers, busy public
waterfront areas, or maritime critical infrastructure.'' Yet,
the Coast Guard's request does not include additional resources
to increase its presence and response posture. Therefore, the
Committee recommends an additional $15,000,000 to enhance the
Coast Guard's ability to enforce security zones, protect
critical infrastructure, and provide high interest vessel
escorts and boardings, especially considering the growing
demand for Liquefied Natural Gas carriers and ports. Funding
may be used to purchase small boats and associated crew, hire
marine inspectors, and conduct required training in support of
the Coast Guard's multi-mission responsibilities. The Coast
Guard should consider the risk posed by all ``Certain Dangerous
Cargoes'' when deciding how best to distribute this funding to
ports. Within 90 days after the date of enactment of this act,
the Coast Guard shall provide an expenditure plan to the
Committee for these funds.
ACQUISITION PERSONNEL
Consistent with the budget request and the need for both
increased oversight and increased ability to manage multiple
major acquisition projects, the Committee includes budget
authority for Acquisition, Construction, and Improvements
[AC&I;] personnel compensation, benefits and related support
within the ``Operating Expenses'' [OE] appropriation to address
acquisition personnel shortfalls and ensure good stewardship of
major systems acquisition, such as the Integrated Deepwater
Systems Program. By transferring AC&I; funding to the OE
appropriation, personnel can be surged to and from AC&I;
projects where needed and provide the flexibility to match
competencies to core requirements. The Committee is also aware
of an effort by the Coast Guard to conduct an independent
workforce assessment of current competencies and staffing
levels, including the need for future staffing requirements.
The Coast Guard is directed to brief the Committee on the
results of this assessment no later than 45 days after the date
of enactment of this act.
LONG RANGE AIDS TO NAVIGATION-C
The Committee denies the request to terminate operations at
Long Range Aids to Navigation loran-C stations nationwide and
directs the Secretary to refrain from taking any steps to
reduce operations at such stations. The Committee understands
that a group composed of officials from the Departments of
Homeland Security and Transportation, and other Federal
agencies met earlier this year and unanimously agreed that the
United States should maintain the loran system. Therefore, the
Committee assumes the continuation of funding for the loran-C
program until the requirements detailed in the joint
explanatory statement of managers accompanying the fiscal year
2007 conference report (Report 109-699) have been met.
COMMAND STRUCTURE REALIGNMENT
The Committee includes a base funding re-allocation to
reflect the realignment of the Coast Guard's deployable,
specialized units and teams under a single unified command.
Under this unified command, deployable units, such as maritime
safety and security teams, port security units, tactical law
enforcement teams, national strike force teams, and the
maritime security response team, will be better coordinated to
fulfill existing maritime safety and security missions. The
Committee notes that this reorganization is just 1 of 10 major
realignment and transformation orders (i.e., Commandant Intent
Action Orders) planned by the Coast Guard. No later than 90
days after the date of enactment of this act, the Commandant of
the Coast Guard shall submit a report to the Committee
describing and assessing each of the 10 orders. The report
shall include, for each order: (1) details on the problem that
the Coast Guard is attempting to remedy; (2) the projected
impact on mission performance, including sector and field unit
levels; (3) the impact on Coast Guard personnel; (4) an
assessment of the cost of implementation, including the
adequacy of resources currently available and the fiscal years
when additional resources will be needed; (5) an assessment of
the Coast Guard's timeline for implementation; (6) legislative
authority, if any, needed to implement each order; and (7) the
potential impacts if some, but not all, of the 10 realignment
action orders are implemented. No later than 120 days after the
Coast Guard submits this report, the Government Accountability
Office [GAO] shall submit a report to the Committee which
assesses the Coast Guard's report. GAO shall review the data
and analysis supporting the Coast Guard report and, where
appropriate, the status of implementation.
POLAR ICEBREAKERS
The Committee expects all costs to operate the polar
icebreakers for National Science Foundation [NSF] research,
including unanticipated maintenance, will be reimbursed by NSF.
COAST GUARD YARD
The Committee recognizes the Coast Guard Yard at Curtis
Bay, Maryland, is a critical component of the Coast Guard's
core logistics capability which directly supports fleet
readiness. The Committee further recognizes the Yard has been a
vital part of the Coast Guard's readiness and infrastructure
for more than 100 years and believes that sufficient industrial
work should be assigned to the Yard to maintain this
capability.
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.
BASE CLOSURES
No later than March 1, 2008, the Coast Guard shall brief
the Committee on progress to address base realignment and
closure impacts on Coast Guard facilities. The briefing shall
include an analysis of operational and financial impacts on the
Coast Guard and a timeline for required changes.
U.S. COAST GUARD ACADEMY PIER FOR USCGC EAGLE
The Coast Guard shall submit a report no later than
February 5, 2008, to the Committee on the current condition and
the future intentions with respect to repair/replacement of the
pier used to winter-berth the USCGC Eagle at the U.S. Coast
Guard Academy. The report shall address: (1) the current
condition of the pier with respect to the weight bearing
capacity, hotel services, and height with respect to the 100
year flood level; (2) available reasonable options for repair
or replacement of the pier, along with necessary improvements
to U.S. Coast Guard Academy facilities to accommodate the
repair or replacement; and (3) the Coast Guard's intended
timeline to conduct the necessary improvements to provide USCGC
Eagle a safe and operationally adequate berthing facility.
OCCUPATIONAL SAFETY AND HEALTH RISKS
The Committee encourages the Coast Guard to deploy a web-
based management system that will provide powerful tools to the
Coast Guard for managing and minimizing occupational safety
risks to personnel and risks to readiness. The Committee notes
funds for this purpose were authorized by section 104 of Public
Law 109-241 for fiscal years 2006 and 2007; however, the Coast
Guard did not request funding for the program.
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.
TECHNOLOGICAL NEEDS ASSESSMENT
The Committee is concerned about the Coast Guard's capacity
to respond to the U.S. Flag Territories and the Freely
Associated States in the Pacific Ocean because of their remote
and isolated locations. Therefore, the Commandant shall report
to the Committee, no later than February 5, 2008, on the Coast
Guard's current Maritime Domain Awareness capacity for the
remote and western Pacific Ocean, including an assessment of
additional remote sensing technology necessary to enhance this
capacity.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2007.................................... $10,880,000
Budget estimate, 2008................................... 12,079,000
Committee recommendation................................ 12,079,000
The Environmental Compliance and Restoration account
provides funds to address environmental problems at former and
current Coast Guard units as required by applicable Federal,
State, and local environmental laws and regulations. Planned
expenditures for these funds include major upgrades to
petroleum and regulated-substance storage tanks, restoration of
contaminated ground water and soils, remediation efforts at
hazardous substance disposal sites, and initial site surveys
and actions necessary to bring Coast Guard shore facilities and
vessels into compliance with environmental laws and
regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $12,079,000 for environmental
compliance and restoration as proposed in the budget.
RESERVE TRAINING
Appropriations, 2007.................................... $122,448,000
Budget estimate, 2008................................... 126,883,000
Committee recommendation................................ 126,883,000
The Reserve Training program provides trained units and
qualified persons for active duty in the Coast Guard in time of
war or national emergency, or at such other times as national
security requires. Coast Guard reservists must also train for
mobilization assignments unique to the Coast Guard in time of
war, such as port security operations associated with the Coast
Guard's Maritime Defense Zone mission, including deployable
port security units.
COMMITTEE RECOMMENDATIONS
The Committee recommends $126,883,000, as proposed in the
budget, for Reserve Training.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2007 \1\ \2\............................ $1,306,145,000
Budget estimate, 2008 \3\............................... 949,281,000
Committee recommendation \4\............................ 991,281,000
\1\ Includes $175,800,000 in emergency appropriations pursuant to
section 520 of Public Law 109-295 and excludes $30,000,000 in
appropriations pursuant to Public Law 110-28.
\2\ Includes rescissions of $102,793,508 from amounts made available in
Public Law 109-90.
\3\ Includes a rescission of $48,787,000 from amounts made available in
Public Law 109-90.
\4\ Includes a rescission of $48,787,000 from amounts made available in
Public Law 109-90 and $8,000,000 from amounts made available in Public
Law 109-295.
Funding in this account supports Coast Guard plans for
fleet expansion and improvement. This funding provides for the
acquisition, construction, and improvement of vessels,
aircraft, information management resources, shore facilities,
and aids to navigation required to execute the Coast Guard's
missions and achieve its performance goals.
Vessels.--The Coast Guard continues to acquire multi-
mission platforms that use advanced technology to reduce life-
cycle operating costs.
Integrated Deepwater Systems (Deepwater).--The Deepwater
capability replacement project is a multi-year, performance-
based acquisition that will replace or modernize the major
Coast Guard cutters, offshore patrol boats, fixed wing
aircraft, multi-missioned helicopters and the communications
equipment, sensors, and logistics systems required to maintain
and operate them.
Other Equipment.--The Coast Guard invests in numerous
management information and decision support systems that will
result in increased efficiencies, including Rescue 21, formerly
the National Distress and Response System Modernization Project
and the Automated Identification System.
Shore Facilities.--The Coast Guard invests in modern
structures that are more energy-efficient, comply with
regulatory codes, minimize follow-on maintenance requirements,
and replace existing dilapidated structures.
COMMITTEE RECOMMENDATIONS
The Committee recommends $991,281,000 for acquisitions,
construction, and improvements, including $20,000,000 from the
Oil Spill Liability Trust Fund. As requested in the budget, the
Committee recommendation appropriates $80,500,000 for personnel
and related support to the ``Operating Expenses'' account
instead of the ``Acquisition, Construction, and Improvements''
account.
The recommendation includes $770,079,000 for the Integrated
Deepwater Systems program, $18,000,000 below the request and
$275,793,000 below the fiscal year 2007 level. Consistent with
the request, the recommendation includes a rescission of
$48,787,000 from prior year balances for the Offshore Patrol
Cutter. In addition, the Committee rescinds $8,000,000 from
prior year balances for the Fast Response Cutter-A, due to
delays in the development of a composite hull. The Committee
reduces $5,000,000 from the request for the HC-130H conversion
and sustainment program, and $5,000,000 from the HH-60
conversion program, due to unobligated balances projected to be
carried forward into fiscal year 2009. The Committee
recommends: $9,200,000 for the Response Boat--Medium;
$113,600,000 for major equipment programs, such as the
Automatic Identification System, Rescue 21, and the National
Capital Region Air Defense; and $37,897,000 for shore
facilities and aids to navigation. Further, the recommendation
includes an additional $60,000,000 for the establishment of
interagency operational centers for port security, as
authorized by the Security and Accountability For Every Port
Act of 2006 (Public Law 109-347).
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
Response Boat--Medium................................. 24,750 9,200 9,200
Special Purpose Craft--Law Enforcement................ 1,800 ................ ................
-----------------------------------------------------
Subtotal, Vessels................................... 26,550 9,200 9,200
=====================================================
Aircraft: HH-60 replacement............................... 15,000 ................ ................
-----------------------------------------------------
Subtotal, Aircraft.................................. 15,000 ................ ................
=====================================================
Integrated Deepwater System:
Aircraft:
Maritime Patrol Craft............................. 148,116 170,016 170,016
Unmanned Aerial Vehicle........................... 4,950 ................ ................
HH-60 conversion.................................. 49,302 57,300 52,300
HC-130H conversion/sustainment.................... 48,955 18,900 13,900
HH-65 conversion/sustainment...................... 32,373 50,800 50,800
Armed Helicopter equipment........................ 55,740 24,600 24,600
HC-130J fleet introduction........................ 4,950 5,800 5,800
-----------------------------------------------------
Subtotal, Aircraft.............................. 344,386 327,416 317,416
=====================================================
Surface:
National Security Cutter.......................... 417,780 165,700 165,700
Fast Response Cutter (FRC-A)...................... 41,580 ................ ................
Replacement patrol boats (FRC-B).................. 126,693 53,600 53,600
Patrol boats sustainment.......................... ................ 40,500 40,500
IDS Small boats................................... 1,188 2,700 2,700
Medium Endurance Cutter sustainment............... 45,318 34,500 34,500
Rescissions:
Offshore Patrol Cutter........................ -20,000 -48,787 -48,787
Fast Response Cutter-A........................ -78,693 ................ -8,000
-----------------------------------------------------
Subtotal, Surface........................... 533,866 248,213 240,213
=====================================================
Other:
Technology Obsolescence Prevention................ ................ 700 700
C4ISR............................................. 50,000 89,630 89,630
Logistics......................................... 36,000 36,500 36,500
Systems engineering and integration............... 35,145 35,145 35,145
Government program management..................... 46,475 50,475 50,475
-----------------------------------------------------
Subtotal, Other................................. 167,620 212,450 212,450
=====================================================
Subtotal, Integrated Deepwater System........... 1,045,872 788,079 770,079
=====================================================
Other Equipment:
Nationwide Automatic Identification System............ 11,238 12,000 12,000
Rescue 21............................................. 39,600 80,800 80,800
High Frequency [HF] Recapitalization.................. 2,475 2,500 2,500
National Capital Region Air Defense................... 66,510 11,500 11,500
Defense Messaging System.............................. ................ 5,000 5,000
Maritime Security Response Team Shore House........... ................ 1,800 1,800
Rescission............................................ -4,100 ................ ................
Interagency Operational Centers....................... ................ ................ 60,000
-----------------------------------------------------
Subtotal, Other Equipment........................... 115,723 113,600 173,600
=====================================================
Shore Facilities and Aids to Navigation................... 22,000 ................
Survey & design shore operational & support........... ................ 1,337 1,337
Housing--Cordova, Alaska.............................. ................ 7,380 7,380
Rebuild Station Marquette............................. ................ 6,000 6,000
Rescue Swimmer Training Facility...................... ................ 13,300 13,300
Rebuild Station and Waterfront at Base Galveston ................ 5,200 5,200
Phase I..............................................
Construct Duty Boating and Boat Maintenance at Station ................ 2,180 2,180
Washington...........................................
Waterways Aids to Navigation infrastructure........... ................ 2,500 2,500
-----------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation... 22,000 37,897 37,897
=====================================================
Personnel and Related Support:
Direct personnel costs................................ 80,500 ( \2\ ) ................
AC&I; core............................................. 500 505 505
-----------------------------------------------------
Subtotal, Personnel and Related Support............. 81,000 505 505
=====================================================
Total, Acquisitions, Construction, and Improvements. 1,306,145 949,281 991,281
----------------------------------------------------------------------------------------------------------------
\1\ Includes $175,800,000 in emergency appropriations pursuant to section 520 of Public Law 109-295 and excludes
$30,000,000 in appropriations pursuant to Public Law 110-28.
\2\ Funding for personnel and related support is provided in the ``Operating Expenses'' account as requested.
INTERAGENCY OPERATIONAL CENTERS
Maritime security depends upon unity of effort and rapid
dissemination of information and intelligence. The Coast Guard
has concluded that investment in information sharing
capabilities, such as interagency operational centers, is
critical to maritime security. Yet, only three such centers
exist nationwide. According to the Coast Guard, ``U.S. maritime
authorities are still hampered . . . by many gaps in their
awareness--in their access to, and ability to share, fuse, and
analyze large amounts of information regarding maritime
activities.'' Existing Coast Guard interagency operational
centers in Charleston, South Carolina; San Diego, California;
and Hampton Roads, Virginia; have demonstrated this through
improved collection and coordination of intelligence, increased
information sharing, and unity of effort among the
participating Federal, State, and local agencies. The Security
and Accountability For Every Port Act of 2006 (Public Law 109-
347) requires the Secretary to establish interagency
operational centers for port security at all high-priority
ports by October 2009. However, the administration's request
includes no funding for this purpose. Therefore, the Committee
recommends $60,000,000 for the establishment of interagency
operational centers for port security at locations to be
determined by the Coast Guard. Within 90 days after the date of
enactment of this act, the Coast Guard shall submit to the
Committee an expenditure plan for these funds. The expenditure
plan shall include: cost and location for each center planned;
the schedule for operational stand-up of the planned centers;
the number and names of participating agencies envisioned for
each center; the number of personnel at each center requiring
security clearances; and procedures for coordinating roles and
responsibilities among the various agencies.
ACQUISITION PERSONNEL
As noted previously under the ``Operating Expenses''
account in this report and consistent with the request, the
Committee provides funding in the Coast Guard's ``Operating
Expenses'' appropriation for personnel compensation, benefits,
and the related costs of personnel administration for projects
funded by the ``Acquisition, Construction, and Improvements''
appropriation.
DEEPWATER ACQUISITION PROGRAM
The Committee includes a requirement for the Secretary to
submit, within 60 days after the date of enactment of this act,
an expenditure plan to the Committee for the Integrated
Deepwater Systems Program, as specified in bill language.
The Committee directs the Government Accountability Office
[GAO] to continue its oversight of the Integrated Deepwater
Systems program. GAO's review should focus on: (1) the
expenditure plan requirements detailed in the bill; (2) the
status of development and delivery of the major aviation and
maritime assets of the program; and (3) the management and
oversight of the program, specifically the Coast Guard's
transition to the role of lead systems integrator.
VERTICAL UNMANNED AERIAL VEHICLE
The Committee is concerned that no funding is requested for
the vertical unmanned aerial vehicle [VUAV] in the President's
fiscal year 2008 budget request for the Coast Guard. The VUAV
is intended to be an integral part of the enhanced capability
provided by the National Security Cutter [NSC], the first of
which is scheduled to be commissioned in fiscal year 2008.
Launching from the NSC, the VUAV will greatly expand the
surveillance coverage for the cutter.
RESCUE 21
The Committee recommendation includes $80,800,000, as
proposed in the budget, for Rescue 21. The Committee continues
a requirement for the Coast Guard to continue briefings on a
quarterly basis as detailed in the joint explanatory statement
accompanying the fiscal year 2007 conference report (Report
109-699).
CAPITAL INVESTMENT PLAN
The Committee expects the Coast Guard to continue to submit
a comprehensive capital investment plan each year at the time
the President's budget is submitted to the Congress.
The Committee directs the Commandant to provide to the
Congress, at the time of the President's budget submission, a
list of approved but unfunded Coast Guard priorities and the
funds needed for each.
ALTERATION OF BRIDGES
Appropriations, 2007.................................... $16,000,000
Budget estimate, 2008x.................................. ( \1\ )
Committee recommendation................................ 16,000,000
\1\ The administration proposed transferring authority for removal or
alterations of obstructionary bridges to the Maritime Administration.
Under the provisions of the Truman-Hobbs Act of June 21,
1940 (33 U.S.C. 511 et seq.), the Coast Guard, as the Federal
Government's agent, is required to share with owners the cost
of altering railroad and publicly-owned highway bridges which
obstruct the free movement of navigation on navigable waters of
the United States in accordance with the formula established in
33 U.S.C. 516. Alteration of obstructive highway bridges is
eligible for funding from the Federal-Aid Highways program.
COMMITTEE RECOMMENDATIONS
The Committee provides $16,000,000 for the alteration of
bridges.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
ALTERATION OF BRIDGES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2007 2008 budget Committee Requested by:
enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Elgin, Joliet, and Eastern Railway 1,000 ........... 2,000 Durbin
Company Bridge in Morris, Illinois......
Fourteen Mile CSX Bridge in Mobile, 7,000 ........... 4,000 Shelby
Alabama.
Burlington Northern Santa Fe Railroad 1,000 ........... 2,000 Harkin
Bridge in Burlington, Iowa.
Chelsea Street Bridge in Chelsea, 3,000 ........... 2,000 Kennedy/Kerry
Massachusetts.
Canadian Pacific Railway Bridge in 2,000 ........... 2,000 Kohl
LaCrosse, Wisconsin.
Galveston Causeway Bridge in Galveston, 2,000 ........... 4,000 Hutchison
Texas.
-------------------------------------------
Total.............................. 16,000 ........... 16,000 ..........................
----------------------------------------------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriations, 2007.................................... $17,000,000
Budget estimate, 2008................................... 17,583,000
Committee recommendation................................ 25,583,000
The Coast Guard's Research and Development program develops
techniques, methods, hardware, and systems that directly
contribute to increasing the productivity and effectiveness of
the Coast Guard's operating missions. This account provides
funds to operate and maintain the Coast Guard Research and
Development Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $25,583,000 for the Coast Guard's
research, development, test, and evaluation activities,
$8,000,000 above the request.
The President's budget proposes funding for Science and
Technology (S&T;) to support composite hull technology research.
This is intended to be a joint financial venture between S&T;,
the Coast Guard, and industry. Within the funds appropriated
for fiscal year 2008 for Coast Guard research, development,
test, and evaluation activities, the Committee recommends an
additional $8,000,000 be made available specifically for the
Coast Guard's contribution to this effort.
RETIRED PAY
Appropriations, 2007 \1\................................ $1,063,323,000
Budget estimate, 2008................................... 1,184,720,000
Committee recommendation................................ 1,184,720,000
\1\ Excludes $30,000,000 in mandatory appropriations pursuant to Public
Law 110-28.
This account provides for the retired pay of military
personnel of the Coast Guard and Coast Guard Reserve, members
of the former Lighthouse Service, and for annuities payable to
beneficiaries of retired military personnel under the retired
serviceman's family protection plan (10 U.S.C. 1431-1446) and
survivor benefit plan (10 U.S.C. 1447-1455); payments for
career status bonuses under the National Defense Authorization
Act; and payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C., ch. 55).
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,184,720,000, as proposed in the
budget, for retired pay. The Committee includes new bill
language making the funds available until expended. The
Committee is concerned about inaccurate estimates for this
mandatory program. As directed in Public Law 110-28, the Coast
Guard shall continue to submit quarterly reports on the use of
unobligated balances made available by that act, as well as
updated estimates for fiscal year 2008.
United States Secret Service
SALARIES AND EXPENSES
Appropriations, 2007.................................... $1,272,933,000
Budget estimate, 2008................................... 1,395,271,000
Committee recommendation................................ 1,392,171,000
\1\ Excludes a rescission of $450,000 pursuant to Public Law 110-28.
The United States Secret Service's salaries and expenses
appropriation provides funds for the security of the President,
the Vice President, and other dignitaries and designated
individuals; for enforcement of laws relating to obligations
and securities of the United States and laws relating to
financial crimes; and for protection of the White House and
other buildings within the Washington, DC, metropolitan area.
COMMITTEE RECOMMENDATIONS
The Committee recommends a new appropriation structure for
the United States Secret Service, combining funds previously
appropriated in ``Protection, Administration, and Training''
and ``Investigations and Field Operations,'' into a single
account: ``Salaries and Expenses''.
The Committee recommends $1,392,171,000 for Salaries and
Expenses. The Committee recommendation includes an increase of
$119,238,000 from the comparable fiscal year 2007 level and a
decrease of $3,100,000 from the level proposed in the budget.
The Committee continues to be concerned with the Secret
Service's budget planning. In the past, the Secret Service has
repeatedly sought additional funds for protection without fully
considering reprogramming funds from other programs. With long-
term projected budget shortfalls and a tight fiscal
environment, the Secret Service needs to prioritize its
responsibilities and allocate sufficient resources for its
required missions. The Committee anticipates the Secret Service
will encounter unforseen expenses due to the presidential
election in 2008 and urges the Secret Service to consider
potential offsets within its budget for reprogramming should
they be needed.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
UNITED STATES SECRET SERVICE SALARIES AND EXPENSES FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 budget Committee
2007 \1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, management, and administration................... 169,370 175,934 175,934
Protection:
Protection of persons and facilities....................... 651,247 696,635 693,535
Protective intelligence activities......................... 55,509 57,704 57,704
National Special Security Events........................... 1,000 1,000 1,000
Presidential Candidate Nominee Protection.................. 18,400 85,250 85,250
White House mail screening................................. 16,201 26,601 26,601
------------------------------------------------
Total, Protection........................................ 742,357 867,190 864,090
================================================
Investigations:
Domestic field operations.................................. 236,093 219,742 219,742
International field office, administration, operations, and 22,616 27,520 27,520
train- ing...............................................
Electronic crimes special agent program and electronic 44,079 44,565 44,565
crimes task forces........................................
Support for missing and exploited children................. 8,366 8,366 8,366
------------------------------------------------
Total, Investigations.................................... 311,154 300,193 300,193
================================================
Training: Rowley training center............................... 50,052 51,954 51,954
------------------------------------------------
Total, Salaries and Expenses............................. 1,272,933 1,395,271 1,392,171
----------------------------------------------------------------------------------------------------------------
\1\ Excludes a rescission of $450,000 pursuant to Public Law 110-28.
PROTECTION OF PERSONS AND FACILITIES
The recommendation includes $693,535,000, $3,100,000 less
than the level proposed in the budget; $175,934,000 for
Headquarters Administration; and $85,250,000, as proposed in
the budget, for candidate nominee protection for the 2008
presidential election.
FINANCING GROWING LIST OF PROTECTEES
The United States Secret Service is authorized under
section 3056(a) of title 18, United States Code, to protect a
number of individuals, principally the President and his
family. However, it came to the attention of the Congress last
year that the Secret Service now protects several individuals
not designated by section 3056(a) of title 18, United States
Code. A general provision was included in the fiscal year 2007
appropriations act (section 517, Public Law 109-295) stating
that beginning in fiscal year 2008 none of the funds
appropriated to the Secret Service were to be used for this
purpose, without reimbursement. The Committee is dismayed that
the administration again proposed to fund protection of these
individuals within the Secret Service's resources. A provision
has been included in the bill requiring the Secret Service to
be reimbursed for protecting Federal officials not covered
under section 3056(a) and the requested $3,100,000 has not been
included in the Committee's recommendation. The Committee
directs the Secret Service to seek reimbursement from the host
agency of any Federal official it protects that is not covered
by section 3056(a) of title 18, United States Code.
WHITE HOUSE MAIL FACILITY
This year, the White House will spend $16,200,000 for its
mail screening activities. Given that it receives 1.2 million
pieces of mail each year, the White House spends an average of
$13.50 per item. The budget proposes an increase of $10,400,000
in fiscal year 2008 for new mail handling equipment for the
facility it intends to open in the beginning of fiscal year
2010. The Committee recognizes the need to assure each item
sent to the President must not contain deadly chemicals or
pathogens and supports the request; however, the Committee
believes that there may be more cost-effective means of
carrying out this task. The Committee directs the Secret
Service to explore what efficiencies can be achieved by
consolidating mail security functions with other governmental
agencies and to report to the Committee on its findings before
obligating any of these funds.
MISSION COORDINATION
The Committee applauds the work the Secret Service carries
out every day to protect our Nation's leaders and foreign
visitors and assure the integrity of our currency. Over the
years, the Secret Service has expanded its mission into other
worthy law enforcement venues, such as electronic crimes, cyber
forensics, and protecting non-section 3056(a) of title 18,
United States Code protectees. The Committee directs the Secret
Service to clearly articulate how its role compliments and is
coordinated with the missions of other Federal agencies rather
than to compete with them it its fiscal year 2009 budget
justification.
MISSING AND EXPLOITED CHILDREN
As requested by the President, the Committee provides
$2,366,000 for the Secret Service's forensic support costs, and
provides $6,000,000, to remain available until expended, for
activities related to investigations of exploited children.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2007.................................... $3,725,000
Budget estimate, 2008................................... 3,725,000
Committee recommendation................................ 3,725,000
This appropriation provides funding for security upgrades
of existing facilities; to continue development of the current
Master Plan; to maintain and renovate existing facilities,
including the James J. Rowley Training Center [Center]; and to
ensure efficient and full utilization of the Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends an appropriation of $3,725,000, as
proposed in the budget, for acquisition, construction, repair,
and improvement expenses of the Secret Service for fiscal year
2008.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
The Post-Katrina Reform Act of 2006, title VI of the fiscal
year 2007 Homeland Security Appropriations Act (Public Law 109-
295), reorganized the Federal Emergency Management Agency
[FEMA], the Preparedness Directorate, and part of Science and
Technology. The act created the Office of Health Affairs
[OHA]--which contains the medical and biodefense activities of
the former Preparedness Directorate and Science and Technology.
FEMA is reorganized to contain legacy FEMA and the preparedness
related activities, including State and local grants. The
Department also exercised its authority under section 872 of
the Homeland Security Act of 2002 (Public Law 107-296) to
create the National Protection and Programs Directorate [NPPD],
which contains the infrastructure related activities of the
former Preparedness Directorate, communications activities from
Science and Technology, and the United States Visitor and
Immigrant Status Indicator Technology program. The new
structure is reflected in the fiscal year 2008 President's
budget request and the Committee recommendations. Further
descriptions of each component are provided in summaries that
follow.
National Protection and Programs Directorate
The National Protection and Programs Directorate aims to
foster better integration of national approaches between
strategic homeland security programs, facilitate infrastructure
protection, ensure broad emergency communications capabilities,
integrated risk management, and identity safeguards for
visitors to this country.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2008 budget Committee
2007 \1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration................................ 37,812 46,290 30,000
Infrastructure Protection and Information Security........... \2\ 533,995 538,277 527,099
Management and Administration............................ \3\ 54,580 ............... ...............
Infrastructure Protection................................ 227,143 240,116 252,110
Cyber security........................................... 92,000 97,688 92,000
Office of Emergency Communications....................... 17,000 35,700 45,915
National Security Emergency Preparedness Telecoms........ 143,272 164,773 137,074
US VISIT..................................................... 362,494 462,000 362,000
--------------------------------------------------
Total National Protection and Programs Directorate..... 934,301 1,046,567 919,099
----------------------------------------------------------------------------------------------------------------
\1\ Reflects transfer of resources pursuant to the reorganization notification of January 18, 2007.
\2\ Excludes $24,000,000 in emergency appropriations pursuant to Public Law 110-28.
\3\ Excludes a rescission of $968,211 pursuant to Public Law 110-28.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2007 \1\................................ $37,812,000
Budget estimate, 2008................................... 46,290,000
Committee Recommendation................................ 30,000,000
\1\ Reflects transfer of resources pursuant to the fiscal year 2007
reorganization.
---------------------------------------------------------------------------
This account funds salaries and expenses for the Office of
the Under Secretary, which oversees all activities of the
National Protection and Programs Directorate [NPPD]. This
account also funds business operations and information
technology support services, and facility expenses.
USE OF FUNDS
The Committee is dismayed by ongoing discoveries of how the
Preparedness Directorate, and now the National Protection and
Programs Directorate [NPPD], have used appropriated funds.
Funds for programs are requested of Congress by the
administration. Congress receives and reviews information
provided by the administration to justify appropriations, then
decides what programs to fund and what programs not to fund.
However, Congress recognizes some flexibility is needed in the
appropriations law to better serve the public and has provided
reprogramming authority in this and prior acts.
The former Preparedness Directorate and now NPPD have
disregarded this process. The budget submission is
incomprehensible, information is unattainable, budgeted numbers
are suspect, authorities used to execute certain activities are
unclear, and through it all, there has been a series of
discoveries of funds being used for purposes other than those
for which they were appropriated.
Despite specific direction from the Committees on
Appropriations in Conference Report 109-699 for Infrastructure
Protection and Information Security [IPIS] to align its request
with operational divisions and programs, nearly the entire
appropriation has been folded into a single program, project,
and activity line within the request. Obfuscation rather than
elucidation appears to be the goal of the justification and
program structure. Therefore, the Committee recommends
$30,000,000 for Management and Administration, a reduction of
$16,290,000 from the request. Further, the Committee includes
bill language withholding $15,000,000 from obligation for
Management and Administration until the Committee on
Appropriations receives and approves an expenditure plan for
all NPPD accounts that has been reviewed by the Government
Accountability Office [GAO].
The Committee directs GAO to expand its investigation of
Preparedness ``shared services'' that drew heavily upon IPIS
resources in fiscal year 2006 to look at other potential misuse
of funds, including funds redirected to the United States
Secret Service to establish a cyber-crime center and use of
funds to expand the work for chemical site security activities.
The Committee has no prejudice toward these activities so much
as the Directorate's means of securing the resources from other
activities. GAO should also provide an assessment of legal
opinions the Directorate has received as part of its
justification for use of funds and initiating activities.
The Committee understands that the constant reorganizations
at IPIS have contributed to the difficulties of the financial
managers. A general provision has been included prohibiting the
use of funds for reorganizations in fiscal year 2008 so that
agencies, such as NPPD, can gain their bearings. The Committee
urges the Department to work with the President to name a new
Under Secretary for NPPD as quickly as possible to provide the
leadership this directorate so desperately needs. Also, the
Department should work to fill NPPD's budget office vacancies
expeditiously with skilled staff. Without new direction from
the top and robust control of resources, this directorate and
the many fine individuals who work within it will never succeed
in their vital mission. Finally, the Committee expects the
fiscal year 2009 request to be timely, readable, and useful.
GENERAL REDUCTION
The Committee recommends a general reduction of 5 percent
across NPPD accounts, unless otherwise noted, due to poor
justification of programs and concern that the funds are not
being executed properly.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
Appropriations, 2007 \1\ \2\ \3\........................ $533,995,000
Budget estimate, 2008................................... 538,277,000
Committee recommendation................................ 527,099,000
\1\ Reflects transfer of resources pursuant to the reorganization
notification of January 18, 2007.
\2\ Excludes $24,000,000 of emergency appropriations for enforcement of
chemical security standards and interoperability technical assistance
pursuant to Public Law 110-28.
\3\ Excludes a rescission of $968,211 pursuant to Public Law 110-28.
Infrastructure Protection and Information Security [IPIS]
assists the entities and people responsible for securing the
Nation's critical infrastructure assets. In addition, IPIS
works collaboratively with public, private, and international
entities to secure cyberspace and U.S. cyber assets, and reduce
the vulnerability of the Nation's telecommunications and
information technology infrastructures.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$527,099,000 for Infrastructure Protection and Information
Security [IPIS] programs.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
2007 enacted Fiscal year Committee
\1\ \2\ 2008 budget recommendations
request
----------------------------------------------------------------------------------------------------------------
Management and Administration.................................. \3\ 54,580 .............. ...............
Infrastructure Protection...................................... 227,143 240,116 252,110
Identification and Analysis................................ 69,064 68,970 74,522
Coordination and Information Sharing....................... 80,772 57,821 54,930
Mitigation Programs........................................ 74,991 108,793 118,353
Risk Analysis.............................................. 2,316 4,532 4,305
Cyber Security................................................. 92,000 97,688 92,000
Office of Emergency Communications............................. 17,000 35,700 45,915
National Security Emergency Preparedness Telecoms.............. 143,272 164,773 137,074
Priority Telecoms.......................................... 105,568 82,821 78,680
Next Generation Networks................................... 14,080 52,064 30,000
Programs to Study and Enhance Telecoms..................... 14,125 16,733 15,896
Critical Infrastructure Protection......................... 8,341 10,905 10,360
Risk Analysis.............................................. 1,158 2,250 2,138
------------------------------------------------
Total, Infrastructure Protection and Information Security 533,995 538,277 527,099
----------------------------------------------------------------------------------------------------------------
\1\ Reflects transfer of resources pursuant to the reorganization notification of January 18, 2007.
\2\ Excludes $24,000,000 of emergency appropriations for enforcement of chemical security standards and
interoperability technical assistance pursuant to Public Law 110-28.
\3\ Excludes a rescission of $968,211 pursuant to Public Law 110-28.
CHEMICAL SITE SECURITY
The Committee recommends $40,000,000, an increase of
$15,000,000 from the budget request, for chemical site security
programs. For years, the administration was slow to embrace the
need to set standards of security for chemical facilities. In
the fiscal year 2007 Department of Homeland Security
Appropriations Act, Congress mandated such standards. The
Committee compliments the Department for its expeditious
development and release of chemical site security regulations,
which will greatly aid the Nation in its efforts to prevent its
chemical facilities from being used as weapons of mass
destruction. Unfortunately, the requested resources for
implementation of this rule will not be sufficient to initiate
a robust program and have been increased accordingly.
Clarification of congressional intent regarding preemption of
State regulations is discussed in the general provisions
section of this report.
NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER
The Committee recommends $25,000,000, an increase of
$8,979,000 from the budget request, for the National
Infrastructure Simulation and Analysis Center [NISAC]. The
Committee expects Sandia and Los Alamos National Laboratories,
located in New Mexico, to continue to develop NISAC and to be
the lead entities in this initiative to secure the Nation's
critical infrastructure (Requested by: Domenici).
BOMBING PREVENTION
The Committee recommends $6,143,000 for the Office for
Bombing Prevention, as requested in the budget. The Committee
believes that terrorists may export the bombing tactics they
have developed in Iraq and around the world to the United
States. The time to plan for and work toward preventing these
attacks is now. The administration has quietly released
Homeland Security Presidential Directive-19, aimed to establish
and develop a national strategy and implementation plan on the
prevention and detection of, protection against, and response
to terrorist use of explosives in the United States. Given
these facts, the Committee is surprised and disappointed that
the Department has disregarded its direction to develop and
submit to the Committee by February 8, 2007, a national
strategy for bombing prevention (Senate Report 109-273). The
Committee directs the Department to submit this report as soon
as possible.
In addition, the Committee directs the Office for Bombing
Prevention, within 180 days of the date of enactment of this
act, to report to the Committee on the bombing prevention
capabilities of all State and local bomb squads, SWAT, public
safety dive teams, and explosives detection canine teams. Up to
$100,000 is provided for this purpose.
SUBTERRANEAN INFRASTRUCTURE
The Committee encourages the Department to make progress
with regards to securing America's critical subterranean
infrastructure. Much of what allows this Nation to operate goes
unnoticed below ground, in the network of tunnels hidden below
our streets, buildings, and parks. The pipes, wires, cables,
and other infrastructure that run through these tunnels appear
to rely on simple manhole covers for protection. The Committee
encourages the Department to explore ways to secure this
infrastructure.
NATIONAL INFRASTRUCTURE INSTITUTE
The Committee is aware of ongoing activities at the
National Infrastructure Institute, which continues to develop
and apply best practices, creative ideas, and cost effective
solutions that will resolve many of the complex issues facing
the Nation since 9/11. The Committee encourages the National
Protection and Programs Directorate to continue support to this
organization.
INTEROPERABLE COMMUNICATIONS
Between fiscal years 2004 and 2006, DHS awarded over
$2,700,000,000 in grants to support interoperable
communications expenditures through discretionary and formula
grant programs. In addition, the Department of Commerce, in
partnership with DHS, will award $958,900,000 by the end of
fiscal year 2007 to acquire, deploy, and train on interoperable
communications systems through the Public Safety Interoperable
Communications Grant Program. The Committee is concerned that
strategic planning has generally not been used to guide
investments and no national plan is in place to coordinate
investments across States. In its own baseline assessment and
scorecard efforts, DHS has found that interoperable
communications equipment is only as effective as the governance
structure, planning, operating procedures, and training
programs within which it is used. The Department should work
expeditiously in these areas to ensure that Federal investments
are maximized.
The Committee provides $24,000,000 for Interoperable
Communications Integration and Technical Assistance Services,
an increase of $12,000,000 from the budget request. The
Committee recognizes that one of the most important roles NPPD
may play is to provide technical assistance to State and local
entities working toward emergency communications
interoperability.
WIRELESS PRIORITY SERVICE/NEXT GENERATION NETWORK
The Committee notes the administration is seeking to nearly
quadruple the resources going toward the Next Generation
Networks in fiscal year 2008. The program growth is not well
justified and the Committee recommends $30,000,000 for a
reduced, but still substantial, expansion of this program.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
Appropriations, 2007.................................... $362,494,000
Budget estimate, 2008................................... 462,000,000
Committee recommendation................................ 362,000,000
The United States Visitor and Immigrant Status Indicator
Technology [US VISIT] account funds the development of a system
to collect, maintain, and share appropriate information through
an integrated information technology system, which determines
the eligibility of aliens for admissions and benefits.
The US VISIT program office has lead responsibility within
the Department of Homeland Security to work with the Federal
Bureau of Investigation [FBI] on the further integration of the
Automated Biometric Identification System [IDENT] and the FBI's
Integrated Automated Fingerprint Identification System [IAFIS].
COMMITTEE RECOMMENDATIONS
The Committee recommends $362,000,000, to remain available
until expended, for the United States Visitor and Immigrant
Status Indicator Technology [US VISIT].
UNIQUE IDENTITY (FORMERLY IDENT/IAFIS INTEGRATION AND 10-PRINT
TRANSITION)
Since the creation of the Department, this Committee has
strongly supported and encouraged real-time interoperability
between the IDENT and IAFIS biometric databases and transition
to capturing 10 fingerprints of all visitors. The Committee is
pleased that significant and aggressive progress has been made
on both of these fronts and has provided full funding of
$228,000,000 for Unique Identity, including the proposed
enhancements, as requested in the budget. The Committee directs
the US VISIT program office to continue aggressively pursuing
this issue and to continue providing quarterly briefings on
progress being made on Unique Identity.
US VISIT--DEPARTMENTAL DITHERING ON ``EXIT''
The US VISIT program office has made significant progress
in standing up and operating an ``entry'' capability at all
ports of entry on time and without major interruptions in
legitimate travel, as well as major movement in developing
Unique Identity. However, the Committee is deeply disappointed
that the Department has achieved no tangible progress on
instituting an ``exit'' capacity in over 4 years. In May 2007,
the Department ceased operating the severely limited ``exit''
pilots that had been running at select airports and seaports,
with the promise that the airlines would be brought into the
``exit'' process. However, the Department has lost all
credibility in this area and the Committee is skeptical that
this approach will be followed through with any more commitment
than has been shown to an ``exit'' capability so far. In the
meantime, the Department has no clear idea of who is exiting
the country.
It appears as though the senior leadership at the
Department, especially the Deputy Secretary, is closing its
eyes to the need, and legal requirements in the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458), and other laws, for an ``exit'' capability at all ports
of entry and wishing it would just go away. Absent a
functioning ``exit'' system, there will never be true control
of our borders. We will not know whether people have overstayed
their time-limited visas, thus overstaying their welcome in our
country. And limited law enforcement resources will continue to
be expended to track down people who may already have self-
deported, only we did not know it because we lacked the
knowledge provided by ``exit''.
Congress has appropriated over $1,700,000,000 to US VISIT
since fiscal year 2003. It has also approved all reprogramming
requests. Oddly, however, it seems as though the Department
does not want to spend the funds it has requested. For
instance, because of the complexity of developing a major
information technology program such as US VISIT, the Congress
has required the submission of expenditure plans, which are
reviewed both by the Office of Management and Budget as well as
the independent Government Accountability Office.
The fiscal year 2006 US VISIT funds were made available in
October 2005, yet the expenditure plan was not submitted to the
Committee until August 2006, 11 months into the fiscal year.
Similarly, the fiscal year 2007 expenditure plan was not
submitted until March 20, 2007, 6 months into the fiscal year.
And that plan does not meet two legislative requirements
mandated in the Department of Homeland Security Appropriations
Act, 2007 (Public Law 109-295), in that it does not include a
comprehensive strategic plan for US VISIT nor a complete
schedule for the full implementation of a biometric exit
program. This Committee wants a comprehensive US VISIT program
to be a success. Congress can legislate, mandate, cajole, and
complain, but, to date, it has been to no avail. Therefore,
given the Department's lack of committment to the program, and
the program's large unobligated balances, the Committee
provides $100,000,000 less than requested in the budget for US
VISIT.
EXPENDITURE PLAN
The Committee includes bill language making $100,000,000
available for obligation upon approval of a comprehensive plan
from the Secretary of Homeland Security for the US VISIT
program.
Office of Health Affairs
Appropriations, 2007 \1\ \2\............................ $99,298,000
Budget estimate, 2008................................... 117,933,000
Committee recommendation................................ 115,000,000
\1\ Reflects transfer of resources pursuant to the reorganization
notification of January 18, 2007.
\2\ Excludes $8,000,000 in emergency appropriations pursuant to Public
Law 110-28.
---------------------------------------------------------------------------
SUMMARY
The Office of Health Affairs, headed by the Chief Medical
Officer who also serves as the Assistant Secretary for Health
Affairs, leads the Department on medical issues related to
natural and man-made disasters; serves as the principal advisor
to the Secretary on medical and public health issues;
coordinates biodefense activities within the Department; and
serves as the Department's primary contact with other
Departments and State, local, and tribal governments on medical
and public health issues.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
OFFICE OF HEALTH AFFAIRS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2008 budget Committee
2007 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Chief Medical Officer.......................................... 4,980 .............. ...............
Biowatch....................................................... 78,120 79,108 79,108
National Biosurveillence Integration System.................... 8,000 8,000 8,000
Rapidly Deployable Chemical Detection System................... 2,600 2,600 2,600
Planning and Coordination...................................... .............. 4,475 4,475
Salaries and Expenses.......................................... 5,598 23,750 20,817
------------------------------------------------
Total, Office of Health Affairs.......................... 99,298 117,933 115,000
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
The Committee recommends $20,817,000 for salaries and
expenses, a reduction of $2,933,000 from the budget request.
The Committee recognizes the Office of Health Affairs will
quickly expand to manage its new responsibilities; however, the
tripling of salaries and expenses in one fiscal year appears
unwarranted and the request has been reduced accordingly.
BIOSHIELD
The Committee recognizes DHS is the lead Department
responsible for protecting the homeland, though other Federal
departments and agencies have certain direct responsibilities
where their expertise may make them better suited to lead.
However, the Committee believes DHS continues to have an
overarching responsibility to assure these other departments
are performing their duties to protect the homeland.
Specifically, the Department of Health and Human Services [HHS]
has struggled with implementation of the BioShield program,
perhaps to the point of discouraging companies from
participating in the program and depriving our citizens of
potentially vital medications in time of crisis. The Committee
repeatedly alerted DHS of concerns it had about the BioShield
program and asked for action, only to be referred to HHS. The
Committee directs DHS to use its full range of authorities to
promote and assist other departments should they not be able to
fully perform their homeland responsibilities and to bring any
deficiencies to the attention of Congress.
BIOWATCH
The Committee is encouraged by the consolidation of
biological detection efforts under the new Office of Health
Affairs [OHA]. Early detection of pathogens, before they have
infected and taken hold within people is critical to curbing
any potentially catastrophic biological attack. The current
generation of biological detection systems is both slow to
alert and costly to operate. The Committee directs OHA to work
closely with Science and Technology to expedite the deployment
of BioWatch 3.
HOMELAND SECURITY PRESIDENTIAL DIRECTIVE-9
The recent events of accidentally tainted food imports from
China, poisoning animals and people in this country, highlight
the potential dangers of terrorists intentionally tampering
with food and water supplies.
According to the budget justification, the Office of Health
Affairs [OHA] ``leads the Department's efforts to implement the
administration's implementation plan items found in Homeland
Security Presidential Directive-9 [HSPD-9]''. Given that only
$800,000 and two full-time equivalents were requested to
implement HSPD-9 responsibilities, the Committee expects the
Department to leverage these resources with other activities to
carry out its mission fully. The Committee urges continued
cooperation between the Departments of Homeland Security,
Agriculture, and Health and Human Services, and multi-state
initiatives on joint preparedness and planning. The Committee
requests that OHA provide a briefing before October 1, 2007, on
the status of these efforts.
Federal Emergency Management Agency
MISSION
The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other man-made disasters, by
leading and supporting the Nation in a risk-based,
comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$6,925,770,000 for activities of FEMA for fiscal year 2008.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration \1\...................... \2\ 535,200 667,600 678,600
State and Local Programs \3\........................... \4\ 2,524,500 \5\ 1,696,000 3,030,500
Firefighters Assistance Grants......................... 662,000 300,000 700,000
Emergency Management Performance Grants................ \6\ 200,000 200,000 300,000
Radiological Emergency Preparedness Program............ -477 -505 -505
United States Fire Administration...................... 41,349 43,300 43,300
Public Health Programs................................. 33,885 ( \7\ ) ( \7\ )
Disaster Relief Fund................................... \8\ 1,500,000 1,700,000 1,700,000
Disaster Assistance Direct Loan Program Account........ \9\ 569 875 875
Flood Map Modernization Fund........................... 198,980 194,881 200,000
National Flood Insurance Fund.......................... (128,588) (145,000) (145,000)
National Flood Mitigation Fund......................... (31,000) (34,000) (34,000)
National Pre-disaster Mitigation Fund.................. 100,000 100,053 120,000
Emergency Food and Shelter............................. 151,470 140,000 153,000
--------------------------------------------------------
Total............................................ 5,947,476 5,042,204 6,925,770
----------------------------------------------------------------------------------------------------------------
\1\ Reflects new account structure pursuant to the fiscal year 2007 reorganization and Public Law 110-28, which
combines the former FEMA accounts of Administrative and Regional Offices with Readiness, Mitigation, Response,
and Recovery and includes the Office of National Capital Region Coordination and Urban Search and Rescue
Teams.
\2\ Excludes $14,000,000 in emergency appropriations pursuant to Public Law 110-28 and a rescission of $450,000
pursuant to Public Law 110-28.
\3\ Reflects new account structure pursuant to title VI of Public Law 109-295 and the reorganization
notification of January 18, 2007.
\4\ Excludes $247,000,000 in emergency appropriations pursuant to Public Law 110-28. Reflects a transfer of
$12,000,000 to the National Protection and Programs Directorate for Technical Assistance and transfer of
$5,500,000 from United States Fire Academy for Noble Training Center pursuant to the fiscal year 2007
reorganization.
\5\ Budget proposal for $200,000,000 for Emergency Management Performance Grants is reflected under Emergency
Management Performance Grants account.
\6\ Excludes $50,000,000 in emergency appropriations pursuant to Public Law 110-28.
\7\ Program transferred to Department of Health and Human Services pursuant to Public Law 109-295.
\8\ Excludes $4,260,000,000 in emergency appropriations pursuant to Public Law 110-28.
\9\ Excludes $320,000,000 in emergency appropriations pursuant to Public Law 110-28.
REORGANIZATION
In fiscal year 2007, Congress approved a reorganization
within the Department (Public Law 109-295, title VI), effective
April 1, 2007, which expanded FEMA. The Committee's
recommendations reflect the fiscal structure of that
reorganization. The Committee concurs that combining
preparedness, mitigation, protection, response, and recovery
into one agency will further the Nation's readiness.
MANAGEMENT AND ADMINISTRATION \1\
Appropriations, 2007 \2\................................ $535,200,000
Budget estimate, 2008................................... 667,600,000
Committee recommendation................................ 678,600,000
\1\ Reflects new account structure pursuant to title VI of Public Law
109-295, the reorganization notification of January 18, 2007, and Public
Law 110-28.
\2\ Excludes $14,000,000 in emergency appropriations pursuant to Public
Law 110-28 and a rescission of $450,000 pursuant to Public Law 110-28.
Funding for Management and Administration [M&A;] provides
for the development and maintenance of an integrated,
nationwide capability to prepare for, to mitigate against, to
respond to, and to recover from the consequences of major
disasters and emergencies, regardless of cause, in partnership
with Federal agencies, State, local, and tribal governments,
volunteer organizations, and the private sector. M&A; supports
FEMA's programs by coordinating between Headquarters and
Regional Offices all policy, managerial, resources, and
administrative actions.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $678,600,000
for Management and Administration. The funds are to be
distributed as follows: $426,020,000 for operations activities;
$216,580,000 for management activities; $6,000,000 for the
Office of National Capital Region Coordination; and $30,000,000
for Urban Search and Rescue Teams.
MANAGEMENT AND ADMINISTRATION \1\
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2007 2008 budget Committee
enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Operations Activities......................................... \2\ 219,000 420,020 426,020
Management Activities......................................... 282,000 216,580 216,580
National Capital Region Coordination.......................... 2,741 6,000 6,000
Urban Search and Rescue....................................... 25,000 25,000 30,000
National Preparedness Integration Program..................... 6,459 ( \1\ ) ( \1\ )
-------------------------------------------------
Total................................................... 535,200 667,600 678,600
----------------------------------------------------------------------------------------------------------------
\1\ Reflects new account structure pursuant to title VI of Public Law 109-295, the reorganization notification
of January 18, 2007, and Public Law 110-28.
\2\ Excludes $14,000,000 in emergency appropriations pursuant to Public Law 110-28.
OPERATIONS ACTIVITIES
The Committee recommends $426,020,000 for operations
activities instead of $420,020,000 as proposed in the budget.
NATIONAL COOPERATION
The Committee notes that State and local entities are
important partners in national security and disaster response.
Unlike the military chain of command, with one person
ultimately in charge, homeland security relies on coordination
among layers of Government. This presents unique and particular
challenges, but also opportunities and economies of scale
through coordination. Unfortunately, major documents that
provide the guidance for a national strategy are not complete.
For example, the interim National Preparedness Goal is not
final, despite a Presidential Directive and a congressional
mandate for it to be completed by December 2005. The National
Response Plan update has been delayed and remains incomplete.
These documents contain important guidance, such as the
national planning scenarios and emergency support functions
that support Federal, State, and local protection,
preparedness, and response efforts. The Committee is supportive
of collaborative processes; however, it has been nearly 6 years
since 9/11 and 2 years since Hurricane Katrina. The Committee
is concerned about the gross lack of urgency displayed by the
Department. By leaving these planning efforts incomplete, the
Department leaves our Nation at risk. The Committee directs
FEMA and the Department to finalize these products and provide
the needed leadership to ensure all Federal agencies and State
and local entities are working together.
DISASTER PLAN GUIDANCE
The President signed Public Law 109-295, the fiscal year
2007 Homeland Security Appropriations Act, on October 4, 2006.
The act contains a provision that requires the Department to
issue guidance for State and local governments to take into
account the needs of individuals with service animals and
household pets into their local emergency plans before, during,
and after a disaster. The Committee is dismayed that guidelines
are not yet published and directs the Department to issue them
without further delay.
FEDERAL AGENCY EMERGENCY PREPAREDNESS
The Committee recognizes that all Federal agencies, not
just the Department of Homeland Security and State and local
governments, are important partners in national preparedness
and response. The Committee directs FEMA, in coordination with
agencies that lead an emergency support function as outlined in
the National Response Plan or any succeeding document, to
report to the Committee by February 5, 2008, regarding each
agency's preparedness level to serve as the lead for the
designated emergency support function. The report shall
evaluate assets available, personnel trained, and plans
developed and exercised.
MITIGATION AND PREPAREDNESS INCENTIVES
The Committee notes that, according to the Multihazard
Mitigation Council, on average, a dollar spent by FEMA on
hazard mitigation saves the Nation $4 in future costs. The
Committee also recognizes that when funding is saved through
reduced property damages, lives are also saved. The Committee
encourages FEMA to work with qualified organizations to propose
incentives for State and local governments to focus on
mitigation and preparedness through existing Federal programs.
HOST COMMUNITIES
The Committee recognizes that, during a disaster,
communities surrounding the impacted area quickly become hosts
to disaster victims for an undetermined amount of time. The
Committee directs FEMA to issue guidance to assist communities
in planning to shelter and provide for the critical needs of
evacuees of a disaster area.
MANAGEMENT ACTIVITIES
The Committee recommends $216,580,000 for management
activities, as proposed in the budget.
REGIONAL OFFICES
The Committee notes that regional offices serve as the
backbone for FEMA's relationship with State and local partners
and strengthen regional cooperation. Further, the Committee
recognizes that title VI of Public Law 109-295, the Post-
Katrina Reform Act of 2006, codifies and expands FEMA's
regional offices. Therefore, the Committee directs FEMA to
fulfill the letter and intent of section 507 of the Homeland
Security Act of 2002 which creates robust FEMA regional
offices. Further, the Committee encourages FEMA to promote
regional interoperability by ensuring personnel who understand
the technical and administrative issues surrounding
interoperability are located in each FEMA regional office. The
Committee directs FEMA to work with the Office of Emergency
Communications to ensure this important expertise exists.
The Committee is concerned about the Nation's capacity to
respond to disaster victims in the remote areas of the U.S.
Flag Territories in the Pacific Ocean. The Committee directs
FEMA to analyze the regional all-hazard response capacity for
this region and make recommendations as to how it might be
improved.
WORKFORCE
The Committee notes that FEMA is 45 percent below
authorized full-time equivalent levels for fiscal year 2007. A
workforce structure that can keep pace with the changing
demands of the Nation is crucial for FEMA to be the premier
emergency management agency. The Committee directs FEMA to
continue aggressive hiring efforts and to fully utilize the
$30,000,000 transfer from the Disaster Relief Fund [DRF] to
hire 250 permanent staff in accordance with Public Law 109-295.
The Committee recommendation includes authority to transfer up
to $48,000,000 and 250 positions, for fiscal year 2008, from
the DRF to support FEMA's continuing effort to professionalize
and expand its permanent disaster workforce. The Committee
cautions that its support for this effort is contingent on its
success and positive results in the near future are necessary
for continued Committee support.
The Committee directs FEMA to take an aggressive approach
with the training and professional development of FEMA
employees. Further, the Committee still has not received a plan
for Federal Preparedness Coordinators [FPC] and directs FEMA to
not expend funds for FPCs until a plan is received and approved
by the Committee. The Committee remains concerned the FPCs
would duplicate efforts carried out by the Preparedness
Officers who were transferred into FEMA with the grants
program.
INFORMATION AND FINANCIAL SYSTEMS
FEMA requires cutting edge technology. The Committee notes
that FEMA's main data system, the National Emergency Management
Information System [NEMIS], has components that predate 1998.
The Committee also notes progress in beginning to update
components of NEMIS such as the Document Management And Records
Tracking System [DMARTS], and other systems such as Total Asset
Visibility, and Integrated Public Alert and Warning Systems.
Funds were provided in the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability Appropriations
Act, 2007 (Public Law 110-28) to advance progress in systems
updates. The Committee encourages FEMA to continue aggressive
implementation of ongoing and new projects to ensure that
technology is being used as effectively as possible to manage
resources and information prior to, during, and after a
disaster. An increase of $6,000,000, to be competitively
awarded, is provided to complete DMARTS.
In addition, the Committee expects that FEMA will maintain
an innovative and up-to-date plan to ensure systems do not
become antiquated or ineffectual. FEMA is directed to brief the
Committee, no later than July 15, 2007, on the status of its
information technology, including significant updates and
unfilled gaps. Further, no later than February 5, 2008, FEMA
shall submit a report to the Committee providing a 5-year plan,
including resources needed, to ensure a cutting-edge
information technology program will be sustained long term for
functions including logistics management, contract management,
procurement, and resource distribution such as grants.
DISABILITY COORDINATOR
The Committee notes that funding was provided in the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28) for
the Office of the Disability Coordinator. The disability
community has unique needs that require attention prior to a
disaster for more effective preparedness and response. The
Committee expects that FEMA and the Department will vigorously
support this office.
OFFICE OF NATIONAL CAPITAL REGION COORDINATION
The Committee recommends $6,000,000 for the Office of
National Capital Region Coordination [ONCRC], as requested in
the budget. Congress established the ONCRC to enhance domestic
preparedness through cooperation of the Federal, State, and
local governments in the unique environment of the National
Capital Region [NCR]. The Committee believes it is critical for
the multiple Federal, State, and local partners of the NCR to
establish lines of authority and roles of responsibility for
decisionmakers prior to a disaster. The Committee encourages
the ONCRC to complete exercises for relevant disasters at the
strategic level to clarify and establish leadership roles.
NATIONAL CAPITAL REGION COORDINATION, PERTINENT AREA PARTNERS
The Committee remains concerned that planning for
evacuation of the National Capital Region [NCR] during a
disaster has not incorporated all of the pertinent officials
from the appropriate local communities and States in the
decisionmaking process. Despite requests for such officials to
be included by Congress and the affected States, the efforts to
effectively incorporate professionals are lackluster.
Therefore, the Committee includes bill language requiring
inclusion of the Governors of the State of West Virginia and
the Commonwealth of Pennsylvania in the NCR decision-making and
planning process for mass evacuations. Further, the Committee
again directs the Department to include officials from the
counties and municipalities that contain the evacuation routes
and their tributaries in the planning process.
URBAN SEARCH AND RESCUE
The Committee recommends $30,000,000, a $5,000,000 increase
over the President's request to support the 28 existing Urban
Search and Rescue Teams. The Committee notes that the second
equipment caches, which were purchased with fiscal year 2003
and 2004 funding, should be properly maintained and equipment
should be replaced as needed to maintain full operational
capability.
STATE AND LOCAL PROGRAMS
Appropriations, 2007 \1\................................ $2,524,500,000
Budget estimate, 2008 \2\............................... 1,696,000,000
Committee recommendation................................ 3,030,500,000
\1\ Excludes $247,000,000 in the emergency appropriations pursuant to
Public Law 110-28. Reflects a transfer of $12,000,000 to National
Protection and Programs Directorate for Technical Assistance and a
transfer of $5,500,000 from United States Fire Academy for Noble
Training Center pursuant to the fiscal year 2007 reorganization.
\2\ Excludes $200,000,000 proposed for Emergency Management Performance
Grants, reflected under the Emergency Management Performance Grants
account.
State and local programs provide grants for training,
equipment (including interoperable communications equipment),
exercises, and technical assistance to improve readiness for
potential disasters.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2007 enacted 2008 budget Committee
\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
State grants:
State Homeland Security Grant Program.................... 525,000 250,000 525,000
Law Enforcement Terrorism Prevention..................... 375,000 ( \2\ ) 375,000
--------------------------------------------------
Subtotal, State grants................................. 900,000 250,000 900,000
==================================================
Discretionary Grants:
Urban Area Security Initiative........................... 770,000 800,000 820,000
Regional Catastrophic Preparedness Grants................ ( \3\ ) ............... 50,000
Port security............................................ \4\ 210,000 210,000 400,000
Rail and transit security................................ \5\ 175,000 175,000 400,000
Buffer zone protection................................... 50,000 50,000 50,000
Intercity bus security................................... 12,000 12,000 12,000
Trucking security........................................ 12,000 9,000 16,000
Commercial Equipment Direct Assistance Program \6\....... 50,000 ............... 40,000
Metropolitan Medical Response System \6\................. 33,000 ............... 33,000
Citizen Corps \6\........................................ 15,000 15,000 15,000
--------------------------------------------------
Subtotal, Discretionary Grants......................... 1,327,000 \7\ 1,271,000 1,836,000
==================================================
National Programs:
National Domestic Preparedness Consortium................ 145,000 \9\ 92,000 145,000
Noble Training Center \8\................................ 5,500 ( \9\ ) 5,500
National Exercise Program................................ 49,000 50,000 50,000
Technical Assistance..................................... \10\ 6,000 6,000 14,000
Demonstration training grants............................ 30,000 ............... 30,000
Continuing training grants............................... 31,000 3,000 31,000
Evaluations and assessments.............................. 19,000 19,000 19,000
Rural Domestic Preparedness Consortium................... 12,000 ............... ...............
Management and Administration............................ ............... 5,000 ...............
--------------------------------------------------
Subtotal, National Programs............................ 297,500 175,000 294,500
==================================================
Total, State and Local Programs........................ 2,524,500 1,696,000 3,030,500
----------------------------------------------------------------------------------------------------------------
\1\ Reflects new account structure pursuant to title VI of Public Law 109-295 and the reorganization
notification of January 18, 2007.
\2\ Budget request proposes funding as 25 percent of State Homeland Security Grant Program.
\3\ Excludes $35,000,000 in emergency appropriations pursuant to Public Law 110-28.
\4\ Excludes $110,000,000 in emergency appropriations pursuant to Public Law 110-28.
\5\ Excludes $100,000,000 in emergency appropriations pursuant to Public Law 110-28.
\6\ CEDAP transferred to Discretionary Grants and Metropolitan Medical Response System and Citizens Corps
transferred from National Programs.
\7\ Budget proposal for $200,000,000 for the Emergency Management Performance Grants is reflected under the
Emergency Management Performance Grants account.
\8\ Noble Training Center transferred to National Programs from United States Fire Academy, pursuant to the
fiscal year 2007 reorganization.
\9\ Noble Training Center funding request reflected in National Domestic Preparedness Consortium.
\10\ Reflects a transfer of $12,000,000 transferred to the National Protection and Programs Directorate for
emergency communication technical assistance pursuant to the fiscal year 2007 reorganization and excludes
$2,000,000 in emergency appropriations pursuant to Public Law 110-28.
COMMITTEE RECOMMENDATIONS
The Committee recommends $3,030,500,000 for State and Local
Programs. The funds provided for State and local grants are to
be used for purposes consistent with each State's homeland
security strategy, including training and exercises; equipment,
including interoperable communications equipment; and technical
assistance; and may not, with certain exceptions, be used for
construction activities.
State and local assistance is for strengthening ``first
responders''--police, fire, rescue, emergency, medical and
other personnel--who are first on scene in the event of a
terrorist attack, natural disaster or a catastrophic event. For
purposes of eligibility for funds under this heading, any
county, city, village, town, district, borough, parish, port
authority, transit authority, intercity rail provider, commuter
rail system, freight rail provider, water district, regional
planning commission, council of government, Indian tribe with
jurisdiction over Indian country, authorized tribal
organization, Alaska Native village, independent authority,
special district, or other political subdivision of any State
shall constitute a ``local unit of government.''
The Committee expects the Federal Emergency Management
Agency [FEMA] to continue all current overtime reimbursement
practices. The Committee continues bill language prohibiting
the use of funds for construction, except for Regional
Catastrophic Preparedness [RCP], Port Security, Rail and
Transit Security, and the Buffer Zone Protection Program
grants. Bill language is included, however, to allow the State
Homeland Security Grant Program [SHSGP], Law Enforcement
Terrorism Prevention Program [LETPP], and Urban Area Security
Initiative [UASI] grants to be used for minor perimeter
security projects and minor construction or renovation of
necessary guard facilities, fencing and related efforts, not to
exceed $1,000,000, as deemed necessary by the Secretary. The
Committee notes the installation of communication towers, which
are included in a jurisdiction's interoperable communications
plan, does not constitute construction.
For SHSGP, LETPP, RCP, and UASI grants, application kits
shall be made available within 45 days after the start of
fiscal year 2008. States shall have 90 days to apply after the
grant guidance is issued, and FEMA shall act on an application
within 90 days of its receipt. For SHSGP and LETPP, no less
than 80 percent of these funds shall be allocated by the State
to local units of government within 60 days of the State
receiving the funds. The Committee includes bill language
reflecting Puerto Rico's unique governance status.
The Committee is supportive of the Department's efforts to
evaluate applications based on risk and effectiveness. The
Department should continue its efforts to evaluate SHSGP,
LETPP, and UASI applications based on how effectively these
grants will address identified homeland security needs. In
those areas of the country where the risk is very high, the
Department shall work aggressively to ensure these applications
are produced in a manner in which appropriate levels of funding
reflects the level of threat.
The Committee includes bill language requiring the
Government Accountability Office to report on the validity,
relevance, reliability, timeliness, and availability of the
risk factors, and the application of those factors in the
allocation of discretionary grants to the Committees on
Appropriations of the Senate and the House of Representatives
no later than 45 days after the date of enactment of this act.
MAJOR PROGRAM TERMINATIONS OR REDUCTIONS
Overall, the President's budget request reduces State and
local grants and training programs from a fiscal year 2007
level of $3,386,500,000 to $2,196,000,000. The Committee is
disappointed that the administration proposes to cut State and
local homeland security programs. The Committee notes that it
is shortsighted to attempt to justify a cut of $1,190,000,000
in first responder and other grants to States and cities by
arguing $1,000,000,000 in interoperability grant funding is
expected to be awarded by September 2007. This funding was made
available by Congress as an enhancement to current Federal
funding to address a known need and is not a substitute for
fiscal year 2008 spending for police, fire, and other security
efforts.
According to the White House report, ``The Federal Response
to Hurricane Katrina Lessons Learned'', ``We are not as
prepared as we need to be at all levels within the country:
Federal, State, local, and individual.'' The Department has not
offered any data indicating that this has changed since the
report was issued in February 2006. Additionally, grant
applications for the State Homeland Security Grant Program,
Local Law Enforcement Terrorism Preparedness Program, and Urban
Area Security Initiative Grants totaled over $7,400,000,000 of
which only 23 percent were funded. And yet, the President's
budget request for the three programs combined in fiscal year
2008 is a 37 percent reduction from the fiscal year 2007 level.
The Committee recognizes that the Federal dollars are required
to build the capacity and cooperation needed for this Nation to
be ready when disaster strikes. Therefore, the Committee has
restored the funding level of grant programs and provided some
necessary increases.
MEASURING CAPABILITIES
The Department claims to have a robust grant monitoring
program based on the interim National Preparedness Goal (Goal),
but over 1 year after the presidentially mandated and
congressionally directed completion date of December 2005, the
Goal is still not final. To date the Department cannot answer
the questions listed in the interim Goal--``How prepared do we
need to be? How prepared are we? How do we prioritize efforts
to close the gap?''. It is essential that the Department move
forward in establishing clearly defined measures of
preparedness and their effectiveness.
REAL ID ACT
The Committee is concerned that the President's budget
fails to address the unfunded Federal mandate imposed upon
States by the REAL ID Act. The National Governor's Association,
National Conference of State Legislatures, and the American
Association of Motor Vehicle Administrators jointly estimate
that it will cost States $11,000,000,000 over 5 years to
implement the REAL ID Act, which the President signed into law
on May 11, 2005; the Department's own estimate is
$23,000,000,000 over the next 5 years. And yet, the President
has not requested any funding for REAL ID Act implementation at
the State level. Further, $35,412,000, which Congress
appropriated in fiscal year 2006, still sits in the Federal
Treasury awaiting use for REAL ID Act implementation to protect
our citizens.
Allowing States to use first responder funding for this
purpose is not a substitute for direct funding, particularly
when the administration proposes to reduce such funding by 52
percent. If the administration, and the Department, were
serious about immigration enforcement and preventing terrorists
from obtaining drivers' licenses, sufficient resources would be
requested. On 9/11, 18 of the 19 perpetrators in the 9/11
attacks had been issued U.S. identification documents,
including State drivers' licenses. To date, according to the
National Conference of State Legislatures, nine States have
enacted legislation to withdraw from the program, which will
result in citizens in those States being prohibited from using
their drivers' licenses to gain access to Federal buildings or
for airline travel. If the administration is serious about
enforcing this law, the President should request funds to pay
for it.
STATE GRANTS
The Committee recommends $525,000,000 for State Homeland
Security Grant Programs [SHSGP], and $375,000,000 for Local Law
Enforcement Terrorism Prevention Program [LETPP] grants. All
funds above the amount automatically allocated to States and
territories (in accordance with section 1014 of Public Law 107-
56) shall be allocated at the discretion of the Secretary of
Homeland Security based on risk (as defined by threat,
vulnerability, and consequences), and on cooperation of
multiple jurisdictions in preparing domestic preparedness
plans.
The Committee expects the Department to continue to work
closely with States on the implementation of Homeland Security
Presidential Directive-8 to ensure that rigorous analysis is
used in determining and assessing the unmet capabilities of
State and local jurisdictions.
DISCRETIONARY GRANTS
The Committee recommends $820,000,000 for UASI grants of
which $20,000,000 is available for non-profit entities
determined to be at risk by the Secretary.
The Committee provides $50,000,000 for Regional
Catastrophic Preparedness Grants. A gap remains in current
Federal funding mechanisms to support regional efforts in
homeland security. The U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act,
2007 (Public Law 110-28), provides funds to the tier 1 urban
areas, and outlying areas to be selected by the Department, to
address this issue for catastrophic events in urban areas most
at risk. The Committee continues this initiative, that funds
multi-jurisdictional efforts to provide regional approaches to
catastrophic events, including mass evacuation. Therefore,
$50,000,000 is provided for Regional Catastrophic Preparedness
Grants. These funds are provided to connect risk to local
planning, to further regional collaboration, and ensure public
education. Grant guidance shall be issued with the State
Homeland Security Grant Program and Urban Area Security
Initiative Grants.
Of the total provided for discretionary transportation and
infrastructure grants: $400,000,000 is for port security
grants; $400,000,000 is for rail and transit security grants;
$50,000,000 is for Buffer Zone Protection Program grants;
$12,000,000 is for intercity bus security grants for the
improvement of ticket identification, the installation of
driver shields, the enhancement of emergency communications,
enhancement of facility security, and further implementation of
passenger screening; $16,000,000 is for trucking industry
security grants to continue the Highway Watch grant program;
$33,000,000 is for the Metropolitan Medical Response System;
and $15,000,000 is for Citizen Corps. The Committee expects the
Coast Guard, Transportation Security Administration, and
National Protection and Programs Directorate to provide
operational subject matter expertise and to be fully engaged in
the determination of grant awards, when appropriate. The
Committee directs the Department to carefully consider the
security needs of Amtrak in the allocation of funds.
COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM
The Committee provides $40,000,000 for Commercial Equipment
Direct Assistance Program [CEDAP]. The Committee directs the
Department to award funding through CEDAP only if projects or
equipment are consistent with State Homeland Security
Strategies and the unmet essential capabilities identified
through Homeland Security Presidential Directive-8.
NATIONAL PROGRAMS
Included in the amount recommended is $294,500,000 for
national programs. This amount includes $14,000,000 for
technical assistance; $145,000,000 for the existing members of
the National Domestic Preparedness Consortium, to be
distributed consistent with the fiscal year 2007 allocation;
$5,500,000 for Noble Training Center in Anniston, Alabama
(Requested by: Shelby); $50,000,000 for exercises; $30,000,000
for demonstration training grants; $31,000,000 for continuing
training grants; and $19,000,000 for evaluations and
assessments.
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM
The Committee recommends $145,000,000 for the National
Domestic Preparedness Consortium, instead of $92,000,000, as
proposed in the budget. This funding shall be distributed in a
manner consistent with fiscal year 2007: Center for Domestic
Preparedness in Anniston, Alabama (Requested by: Shelby);
National Emergency Response and Rescue Training Center in
College Station, Texas (Requested by: Hutchison and Cornyn);
National Energetic Material Research and Test Center in
Socorro, New Mexico (Requested by: Domenici); Academy of
Counter Terrorist Education in Baton Rouge, Louisiana
(Requested by: Landrieu); and National Exercise, Test, and
Training Center of the Department of Energy in Nye, Nevada
(Requested by: Reid).
DEMONSTRATION TRAINING GRANTS
The Committee provides $30,000,000 for demonstration
training grants. The Committee expects this to continue to be a
peer-reviewed competitive grant program.
CONTINUING TRAINING GRANTS
The Committee provides $31,000,000 for continuing training
grants. The Committee is supportive of programs which
consistently deliver homeland security curricula in the form of
executive education programs and accredited Masters Degree
education.
EMERGENCY MEDICAL SERVICES
The Committee is concerned Emergency Medical Services [EMS]
is not considered an equal player among the first responder
community and encourages the Department to require States to
include EMS representatives in State planning efforts.
INTEROPERABLE COMMUNICATIONS
The Committee notes that the Government Accountability
Office [GAO] found that much work remains to improve
communication interoperability (GAO-07-031) and that, ``until
DHS takes a more strategic approach to improving interoperable
communications . . . States and localities are likely to make
limited progress in improving interoperability.'' Further,
Hurricanes Katrina and Rita proved once again that a
comprehensive strategy is needed. The Committee directs the
Department to report to the Committee no later than February 5,
2008, on how it intends to develop and implement a strategic
plan including the recommendations of the GAO report. The
Committee also continues its direction that before grant
dollars can be obligated by grantees for interoperable
communications equipment, jurisdictions must certify to FEMA
that they have an implementation plan that includes the
following: governance structures; policies; procedures;
training; and planned exercises. Additionally, the Committee
directs FEMA to work closely with the Office of Emergency
Communications in the National Protection and Programs
Directorate to further interoperable communications prior to a
disaster.
ELIGIBILITY
The Committee urges the Department to work with State and
local governments to ensure regional authorities, such as port,
transit, or tribal authorities, are given due consideration in
the distribution of State grants.
The Department is encouraged to consider the need for mass
evacuation planning and pre-positioning of equipment for mass
evacuations in allocating first responder funds.
FIREFIGHTER ASSISTANCE GRANTS
Appropriations, 2007.................................... $662,000,000
Budget estimate, 2008................................... 300,000,000
Committee recommendation................................ 700,000,000
Firefighter assistance grants, as authorized by section 33
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229), assist local firefighting departments for the
purpose of protecting the health and safety of the public and
fire fighting personnel, including volunteers and emergency
medical service personnel, against fire and fire-related
hazards.
COMMITTEE RECOMMENDATIONS
The Committee recommends $700,000,000 for firefighter
assistance grants, $400,000,000 above the request, including
$560,000,000 for firefighter assistance grants, to remain
available until September 30, 2009, and $140,000,000 for
firefighter staffing grants, to remain available until
September 30, 2008.
The Committee directs the Department to continue the
present practice of funding applications according to local
priorities and those established by the United States Fire
Administration; and to make $3,000,000 available for
implementation of section 205(c) of Public Law 108-169 to the
same grant applicants as in fiscal year 2007 (Requested by:
Stevens).
The Committee further directs the Department to continue
direct funding to fire departments and the peer review process.
Not to exceed 5 percent of grant funds may be for program
administration.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2007 \1\................................ $200,000,000
Budget estimate, 2008 \2\............................... 200,000,000
Committee recommendation................................ 300,000,000
\1\ Excludes $50,000,000 in emergency appropriations pursuant to Public
Law 110-28.
\2\ Budget proposes $200,000,000 under State and local programs,
displayed for comparability.
Funding requested in this account provides support to the
Nation's all-hazards emergency management system and helps to
build State and local emergency management capability.
COMMITTEE RECOMMENDATIONS
The Committee recommends $300,000,000 for emergency
management performance grants [EMPG], an increase of
$100,000,000 from the budget request.
EMPG is an essential source of funding for State and local
emergency management. State and local governments currently
have productive relationships with the Federal Emergency
Management Agency's regional emergency managers that are
critical to maintain an all-hazards response capability. The
Committee expects these relationships to continue.
The Committee directs FEMA to retain EMPG as a separate
grant program, and not to combine its funding with any other
grant allocation or application process. Not to exceed 3
percent of grant funds may be for administrative expenses.
The Committee recognizes that the Emergency Management
Performance Grants Program [EMPG] is the only direct source of
all-hazards funding and a vital component of the Nation's
preparedness and response capabilities. The Department's
report, entitled ``Nationwide Plan Review'', demonstrates a
clear need to update State and local emergency plans. According
to the Department, 61 percent of States and 69 percent of urban
areas do not have adequate plans to respond to a catastrophic
event.
The Committee notes that to be truly prepared, strategic,
capabilities-based planning must be linked with operational
planning. This will not only produce more effective and
realistic operation plans at the State and local levels, but
will also help ensure that investments in capabilities are
addressing needs gaps in the operation planning process. This
clarity and focus on planning is critical to improving the
preparedness of the Nation to deal with the wide range of risk.
As partners in emergency management, EMPG recipients and FEMA
should ensure that Federal investments are maximized across
jurisdictional boundaries. FEMA is directed to issue guidance,
developed in coordination with State and local entities, which
will modernize the emergency management planning process.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriations, 2007 \1\................................ -$477,000
Budget estimate, 2008 \1\............................... -505,000
Committee recommendation \1\............................ -505,000
\1\ Fee collections are estimated to exceed costs.
The Radiological Emergency Preparedness [REP] program
assists State and local governments in the development of off-
site radiological emergency preparedness plans within the
emergency planning zones of commercial nuclear power facilities
licensed by the Nuclear Regulatory Commission [NRC]. The fund
is financed from fees assessed and collected from the NRC
licensees to recover the amounts anticipated to be obligated in
the next fiscal year for expenses related to REP program
activities.
COMMITTEE RECOMMENDATIONS
The Committee provides for the receipt and expenditure of
fees collected, as authorized by Public Law 105-276. The budget
estimates fee collections to exceed expenditures by $505,000 in
fiscal year 2008.
DEPARTMENTAL COORDINATION
The Committee is concerned that the Radiological Emergency
Preparedness Program [REPP] has not integrated its experience
and lessons learned with other Department components. The
Committee is confident that the Department's reorganization
will help facilitate this integration and urges REPP to
expeditiously reach out to FEMA's Grants Management,
Infrastructure Protection, and other stakeholders.
UNITED STATES FIRE ADMINISTRATION
Appropriations, 2007 \1\................................ $41,349,000
Budget estimate, 2008................................... 43,300,000
Committee recommendation................................ 43,300,000
\1\ Includes a transfer of $5,500,000 for Noble Training Center to
National Programs.
The mission of the United States Fire Administration [USFA]
is to reduce losses, both economic and human, due to fire and
other emergencies through training, research, coordination and
support. USFA also prepares the Nation's first responder and
health care leaders through ongoing, and when necessary,
expedited training regarding how to evaluate and minimize
community risk, improve protection to critical infrastructure,
and be better prepared to react to all-hazard and terrorism
emergencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $43,300,000 for the United States
Fire Administration, as proposed in the budget.
DISASTER RELIEF
Appropriations, 2007 \1\................................ $1,500,000,000
Budget estimate, 2008 \2\............................... 1,700,000,000
Committee recommendation \3\............................ 1,700,000,000
\1\ Excludes $4,260,000,000 in emergency appropriations pursuant to
Public Law 110-28. Excludes a transfer of $13,500,000 to Office of the
Inspector General and a transfer of up to $30,000,000 to FEMA Management
and Administration.
\2\ Excludes a transfer of up to $48,000,000 to FEMA Management and
Administration.
\3\ Excludes a transfer of $13,500,000 to Office of the Inspector
General and a transfer of up to $48,000,000 to FEMA Management and
Administration.
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 local and State capacity to respond.
Under the DRF, FEMA will continue to operate the primary
assistance programs, including Federal assistance to
individuals and households; and public assistance, which
includes the repair and reconstruction of State, local, and
nonprofit infrastructure. The post-disaster hazard mitigation
set-aside to States, as part of the DRF, works as a companion
piece to the National Pre-Disaster Mitigation Fund.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,700,000,000 for disaster
relief. The Committee includes bill language transferring
$13,500,000 of this amount to the Office of Inspector General
for audits and investigations related to disasters, and
permitting the transfer of up to $48,000,000 to FEMA Management
and Administration to fund up to 250 permanent staff for the
continued effort of professionalizing and expanding FEMA's
workforce.
RESPONSIBLE DISASTER SPENDING
The Committee recognizes that the urgent nature of disaster
response often forces Government entities to choose between the
competing interests of fiscal responsibility, accountability,
and urgency. The Committee directs FEMA to firmly establish
measurable thresholds for transparent decisionmaking regarding
Federal fiscal expenditures for disaster response.
FISCAL YEAR 2008 DISASTER REQUIREMENTS
The Committee directs FEMA to provide a detailed estimate
of the Disaster Relief funds required through September 30,
2008, to the Committee no later than July 15, 2007. Should the
analysis indicate a shortfall, the Committee expects the
President to seek sufficient emergency funds to meet disaster
spending required for presidentially declared disasters through
September 30, 2008.
INTERNAL CONTROLS
The Committee continues to be concerned with FEMA's lack of
internal controls to combat waste, fraud, and abuse and its
inability to validate identities and addresses to prevent
future fraudulent disbursements. The Government Accountability
Office [GAO] has reported (GAO-07-300), ``ineffective
preventive controls for FEMA's IHP (Individuals and Households
Program) have resulted in substantial fraudulent and improper
payments . . . our estimate of $1,000,000,000 in potentially
improper and/or fraudulent payments through February (2007) is
likely understated.'' The Committee directs FEMA to continue to
work aggressively to address these shortcomings and to work on
safeguards, such as those utilizing automated identification
verification, as employed by the U.S. Departments of Justice
and Defense for entity recognition, to ensure proper management
for future disasters. Controls shall be consistent with
Department of Homeland Security privacy policy.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
Appropriations, 2007 \1\................................ $569,000
Budget estimate, 2008................................... 875,000
Committee recommendation................................ 875,000
\1\ Excludes $320,000,000 in emergency appropriations pursuant to Public
Law 110-28.
Disaster assistance loans authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5162) are loans to States for the non-Federal portion of
cost sharing funds, and community disaster loans to local
governments incurring a substantial loss of tax and other
revenues as a result of a major disaster. The funds requested
for this program include direct loans and a subsidy based on
criteria including loan amount and interest charged. As
required by the Federal Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), this account records, for this program, the subsidy
costs associated with the direct loans obligated in 1992 and
beyond (including modifications of direct loans), as well as
administrative expenses of the program. The subsidy amounts are
estimated on a present value basis; the administrative expenses
are estimated on a cash basis.
COMMITTEE RECOMMENDATIONS
The Committee recommends $875,000, as proposed in the
budget, in subsidy costs and administrative expenses for
disaster assistance direct loans. Bill language is included
directing the gross obligations for the principal amount of
direct loans to not exceed $25,000,000.
FLOOD MAP MODERNIZATION FUND
Appropriations, 2007.................................... $198,980,000
Budget estimate, 2008................................... 194,881,000
Committee recommendation................................ 200,000,000
This appropriation supports the functions necessary to
modernize and digitize flood maps. The flood maps are used to
determine appropriate risk-based premium rates for the National
Flood Insurance Program, to complete flood hazard
determinations required of the Nation's lending institutions,
and to develop appropriate disaster response plans for Federal,
State, and local emergency management personnel.
COMMITTEE RECOMMENDATIONS
The Committee recommends $200,000,000 for the Flood Map
Modernization Fund and includes language in the bill that
provides up to 3 percent of the funds may be made available for
administrative purposes.
PROGRAM STATUS
The Committee notes that Congress, recognizing the
connection between reliable flood maps and reduced flood
damage, funded the Flood Map Modernization program. When the
program began, it was estimated that the total cost would be
$1,000,000,000 through fiscal year 2008. The Committee is
pleased to achieve that goal in this act and remains committed
to ensuring citizens and governments make wise planning
decisions by using modern flood maps. Based on risk, over 92
percent of the Nation's population is using a modernized map
and 65 percent of the Nation's land area is covered by a
modernized map.
However, the Committee has expressed its concern over the
years regarding the data input of the program and therefore
recognizes, that even in light of FEMA's mid-course correction
to clarify data standards, there is still work to do.
Additionally, the Committee recognizes that the National
Academy of Sciences [NAS] released a report in January 2007
entitled, ``Base Map Inputs for Floodplain Mapping.'' The
report focuses on the adequacy of imagery and elevation data,
the two ``base'' layers of floodplain maps, and includes
recommendations to advance the program. Finally, the Committee
recognizes there will be a need for resources to keep maps up-
to-date over the long-term.
FEMA is directed to report to the Committee, no later than
February 5, 2008, regarding the additional needs for a
continued Flood Map Modernization program, including additional
work that needs to be completed, resources necessary to keep
maps up-to-date, potential cost-share with State and local
governments, and how FEMA intends to implement the
recommendations in the NAS report.
GULF STATES FLOOD MAPS
The Committee is concerned that the rebuilding effort in
the gulf region will be further delayed without new flood
insurance rate maps that reflect the damage done by Hurricanes
Katrina and Rita. The Committee encourages FEMA to work
expeditiously with the U.S. Army Corps of Engineers to develop
accurate maps. FEMA is directed to brief the Committee, no
later than October 31, 2007, on the progress of accurate flood
plain mapping in the gulf coast region.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2007 \1\................................ ($128,588,000)
Budget estimate, 2008 \1\............................... (145,000,000)
Committee recommendation \1\............................ (145,000,000)
\1\ Fully offset by fee collections.
The National Flood Insurance Fund is a fee-generated fund
which provides funding for the National Flood Insurance
Program. This program enables property owners to purchase flood
insurance otherwise unavailable in the commercial market. The
National Flood Insurance Act of 1968 authorizes the Federal
Government to provide flood insurance on a national basis. This
insurance is available to communities which enact and enforce
appropriate floodplain management measures and covers virtually
all types of buildings and their contents up to $350,000 for
residential types and $1,000,000 for all other types.
COMMITTEE RECOMMENDATIONS
The Committee recommends $145,000,000, as proposed in the
budget, for the National Flood Insurance Fund and provides that
up to $34,000,000 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).
NATIONAL FLOOD MITIGATION FUND
Appropriations, 2007 \1\................................ -$31,000,000
Budget estimate, 2008 \1\............................... -34,000,000
Committee recommendation \1\............................ -34,000,000
\1\ By transfer from the National Flood Insurance Fund.
The National Flood Mitigation Fund [NFMF] receives funding
from a fee-generated discretionary fund transferred from the
National Flood Insurance Fund. NFMF provides assistance
planning to States and communities for implementing floodplain
management measures to reduce or eliminate the long-term risk
of flood damage to buildings and other structures eligible for
insurance under the National Flood Insurance Program.
COMMITTEE RECOMMENDATIONS
The Committee provides for the transfer of up to
$34,000,000 as proposed in the budget, from the National Flood
Insurance Fund to this account.
NATIONAL PRE-DISASTER MITIGATION FUND
Appropriations, 2007.................................... $100,000,000
Budget estimate, 2008................................... 100,053,000
Committee recommendation................................ 120,000,000
The National Pre-Disaster Mitigation [PDM] program provides
grants to States, communities, territories, and Indian tribal
governments for hazard mitigation planning and implementing
mitigation projects prior to a disaster event. PDM grants are
awarded on a competitive basis. This program operates
independent of the Hazard Mitigation Grant Program, funded
through the Disaster Relief Fund, which provides grants to a
State in which a disaster has been declared.
COMMITTEE RECOMMENDATIONS
The Committee recommends $120,000,000 for the National Pre-
Disaster Mitigation Fund, an increase of $19,947,000 from the
budget request.
EMERGENCY FOOD AND SHELTER
Appropriations, 2007.................................... $151,470,000
Budget estimate, 2008................................... 140,000,000
Committee recommendation................................ 153,000,000
This appropriation funds grants to nonprofit and faith-
based organizations at the local level to supplement their
programs for emergency food and shelter to provide for the
immediate needs of the homeless.
COMMITTEE RECOMMENDATIONS
The Committee recommends $153,000,000, as proposed in the
budget, for the Emergency Food and Shelter program.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations, 2007 \1\x............................... $181,990,000
Budget estimate, 2008................................... 30,000,000
Committee recommendation................................ 50,523,000
\1\ Excludes $8,000,000 in emergency supplemental appropriations
pursuant to Public Law 110-28.
United States Citizenship and Immigration Services [USCIS]
funds expenses necessary for the administration of laws and the
provision of services related to people seeking to enter,
reside, work, and naturalize in the United States. In addition
to directly appropriated resources, fee collections are
available for the operations of USCIS.
Immigration Examinations Fees.--USCIS collects fees from
persons applying for immigration benefits to support the
adjudication of applications, as authorized by the Immigration
and Nationality Act (8 U.S.C. 1356).
H1-B and L Fraud Prevention and Detection Fees.--USCIS
collects fees from petitioners seeking a beneficiary's initial
grant of H1-B or L nonimmigrant classification or those
petitioners seeking to change a beneficiary's employer within
those classifications (Public Law 108-447).
H1-B Nonimmigrant Petitioner Fees.--USCIS collects fees
from petitioners using the H1-B program (Public Law 108-447).
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $2,589,395,000,
including direct appropriations of $50,523,000 and estimated
fee collections of $2,538,872,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted budget request recommendations \2\
----------------------------------------------------------------------------------------------------------------
Appropriations \1\..................................... 181,990 30,000 50,523
========================================================
Estimated fee collections:
Immigration examinations fees...................... 1,760,000 2,494,872 2,494,872
H-1B and L fraud prevention and detection fees..... 31,000 31,000 31,000
H-1B non-immigrant petitioner fees................. 13,000 13,000 13,000
--------------------------------------------------------
Total, Estimated fee collections................. 1,804,000 2,538,872 2,538,872
========================================================
Total, Available Funding......................... 1,985,990 2,568,872 2,589,395
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $8,000,000 in emergency supplemental appropriations pursuant to Public Law 110-28.
\2\ Reflects a permanent realignment of $523,000 to United States Citizenship and Immigration Services from U.S.
Immigration and Customs Enforcement for various parole programs, pursuant to section 827.
EMPLOYMENT ELIGIBILITY VERIFICATION [EEV]
Included in the amount recommended by the Committee is
$30,000,000, 255 positions, and 255 full-time equivalents, as
proposed in the budget, to provide directly appropriated
funding to continue the voluntary Employment Eligibility
Verification [EEV] program at anticipated fiscal year 2007
levels. These funds, combined with anticipated carryover
funding from fiscal year 2007 of $42,890,000, are distributed
as follows: $9,400,000 for program administration; $40,710,000
for program operations; $6,610,000 for systems enhancements;
and $16,170,000 for outreach and publicity.
ADDRESSING THE FBI BACKGROUND CHECK BACKLOG
The Committee recognizes that USCIS has made substantial
progress over the last several years to successfully address
the backlog of applications and petitions within its control.
However, as of April 4, 2007, there were 339,415 name checks
pending with the Federal Bureau of Investigation [FBI]. Of that
number, 162,394 were older than 6 months. On average, security
background checks take nearly 4 months. This backlog, which is
outside the control of USCIS, hampers the agency in making
timely decisions on applications and petitions. As immigration
fees rise, it is incumbent upon the Federal Government to
provide accurate and timely services in relation to these fees.
The Committee finds this situation unacceptable and
includes in its recommendation an additional $20,000,000 to
address this issue. While the Committee continues to expect
USCIS to be a fee-funded agency, historically the Committee has
provided appropriated funding to address specific backlogs. The
Committee believes, given the seriousness of the backlog of
security checks, it is appropriate to provide appropriated
funding in this narrow instance. These additional funds, when
combined with the additional $8,000,000 provided in the U.S.
Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28),
should make significant progress in addressing this backlog.
The Committee restricts the ability of USCIS to obligate
this funding until the Secretary of Homeland Security and the
United States Attorney General provide a specific plan to the
Committee that describes how this issue will be addressed
comprehensively. The Committee expects the report to outline
how the funding will be used, and how USCIS and the FBI will
use existing funding to supplement the amount provided in this
act in order to eliminate the backlogs of security checks.
Further, the Committee expects this plan, which should be
submitted no later than September 15, 2007, will describe the
existing business processes for security checks, the reforms
made, the information sharing protocols employed, and the total
level of resources used to address the backlog.
BENEFIT PAROLE PROGRAMS TRANSFER
On March 31, 2007, the Secretary of Homeland Security
exercised section 872 authority and transferred $523,000 for
the Cuban-Haitian Entrant Program, the Moscow Refugee Program,
and the Humanitarian Parole Program from U.S. Immigration and
Customs Enforcement's Office of Investigations (International)
to USCIS. The Committee concurs with this action and makes the
transfer permanent.
BACKLOG ELIMINATION
The Committee directs USCIS to continue to report quarterly
on the status of application processing and the backlog
reduction plan.
The Committee is aware of the additional cost burdens
placed on the USCIS budget for employees traveling to remote
areas in Alaska and Hawaii. The Committee directs the
Department to take this into consideration when allocating
travel funds to these States.
The following table, which includes appropriations and
estimated fee collections, summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Business transformation............................... 47,000 ................ ................
Systematic Alien Verification for Entitlements [SAVE]. 21,100 ................ ................
Employment Eligibility Verification [EEV]............. 113,890 30,000 30,000
FBI Background Check.................................. ................ ................ 20,000
Benefit parole programs \2\........................... ................ ................ 523
-----------------------------------------------------
Total, Appropriations............................... 181,990 30,000 50,523
=====================================================
Fee Collections:
Adjudication Services:
Pay and benefits.................................. 624,600 763,962 763,962
Operating expenses:
District operations........................... 385,400 551,701 551,701
Service Center operations..................... 267,000 354,527 354,527
Asylum, refugee and international operations.. 75,000 91,120 91,120
Records operations............................ 67,000 80,589 80,589
Business transformation....................... ................ 139,000 139,000
-----------------------------------------------------
Subtotal, Adjudication Services............. 1,419,000 1,980,899 1,980,899
=====================================================
Information and Customer Services:
Pay and benefits.................................. 81,000 93,132 93,132
Operating expenses:
National Customer Service Center.............. 48,000 49,357 49,357
Information services.......................... 15,000 19,375 19,375
-----------------------------------------------------
Subtotal, Information and Customer Serv- 144,000 161,864 161,864
ices.......................................
=====================================================
Administration:
Pay and benefits.................................. 45,000 79,268 79,268
Operating expenses................................ 196,000 295,289 295,289
-----------------------------------------------------
Subtotal, Administration........................ 241,000 374,557 374,557
=====================================================
Systematic Alien Vertification for Entitlements [SAVE] ................ 21,552 21,552
=====================================================
Total, Fee Collections.............................. 1,804,000 2,538,872 2,538,872
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $8,000,000 in emergency appropriations pursuant to Public Law 110-28.
\2\ Reflects a permanent realignment of $523,000 to United States Citizenship and Immigration Services from U.S.
Immigration and Customs Enforcement for various parole programs, pursuant to section 827.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriations, 2007 \1\................................ $211,033,000
Budget estimate, 2008................................... 219,786,000
Committee recommendation................................ 221,076,000
\1\ Excludes $3,000,000 by transfer in emergency appropriations pursuant
to Public Law 110-28.
The Federal Law Enforcement Training Center Salaries and
Expenses appropriation provides funds for basic and some
advanced training to Federal law enforcement personnel from
more than 80 agencies. This account also allows for research of
new training methodologies; provides for training to certain
State, local, and foreign law enforcement personnel on a space-
available basis; and accreditation of Federal law enforcement
training programs.
COMMITTEE RECOMMENDATIONS
The Committee recommends $221,076,000 for salaries and
expenses of the Federal Law Enforcement Training Center [FLETC]
for fiscal year 2008. The Committee recommendation includes an
increase of $10,043,000 above the fiscal year 2007 level in
annualization and inflationary adjustments, as well as for
training accreditation of Federal law enforcement agencies.
The Committee includes bill language requiring the Director
of FLETC to ensure all training centers are operated at the
highest capacity feasible throughout the fiscal year. The
Committee also expects the Director to maintain training at or
near capacity before entering into new leases with private
contractors or establishing new partner organizations.
ACCREDITATION
The Committee recognizes the significance of the
accreditation of Federal law enforcement agencies that has been
undertaken for the last several years. The Committee strongly
endorses the commitment of all Federal agencies to achieve high
standards for law enforcement training and believes the Federal
Law Enforcement Accreditation [FLETA] Board is the appropriate
vehicle for assuring that the process for standardization and
accreditation is continued and fully supported. The Committee
notes that FLETA has been funded through the FLETC budget since
its inception and that staff assigned to support the FLETA
Board are housed at FLETC and carried on the FLETC personnel
rolls for purposes of convenience. The Committee believes for
purposes of budgeting support, the FLETA Board shall remain at
FLETC.
The Committee encourages FLETC to continue and expand
existing institutional partnerships prior to initiating new
partnerships to assist in meeting State, local, and other
training needs.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2007.................................... $64,246,000
Budget estimate, 2008................................... 43,270,000
Committee recommendation................................ 44,470,000
This account provides for the acquisition and related costs
for expansion and maintenance of facilities of the Federal Law
Enforcement Training Center [FLETC]. This includes construction
and maintenance of facilities and environmental compliance. The
environmental compliance funds ensure compliance with
Environmental Protection Agency and State environmental laws
and regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $44,470,000 for acquisition,
construction, improvements, and related expenses for expansion
and maintenance of facilities of FLETC.
ARTESIA DETENTION FACILITY, ARTESIA, NEW MEXICO
Included in the amount recommended by the Committee is an
increase of $1,200,000 above the request to fund the
construction of the Artesia Detention Facility. This facility
will provide the appropriate environment for detention
operations training through a purpose-designed facility
(Requested by: Domenici).
Science and Technology
SUMMARY
The mission of Science and Technology [S&T;] is to conduct,
stimulate, and enable homeland security research, development,
testing, and to facilitate the timely transition of
capabilities to Federal, State, local, and tribal end-users.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2007 \1\................................ $134,000,000
Budget estimate, 2008................................... 142,632,000
Committee recommendation................................ 140,632,000
\1\ Excludes a rescission of $1,215,486 pursuant to Public Law 110-28.
The Management and Administration account funds salaries
and expenses related to the Office of the Under Secretary for
Science and Technology, and headquarters and field operations,
including the National Biodefense Analysis and Countermeasures
Center, Plum Island, and the Environmental Measurements
Laboratory.
COMMITTEE RECOMMENDATIONS
The Committee recommends $140,632,000 for management and
administration of programs and activities carried out by
Science and Technology [S&T;].
The Committee is pleased with the rapid progress S&T;
appears to be making toward resolving past deficiencies. The
new Under Secretary has restructured the directorate's
programs, worked to obligate resources in a timely fashion, and
instituted a capable budget office able to deliver timely,
accurate, and comprehensible documents. Only time will tell if
this new enterprise is on course to produce useful scientific
and technological solutions to threats to the homeland.
ASSESSMENT OF PROGRAM RESOURCES
Last year, the Committee learned S&T; was assessing various
programs for operating costs that had not been fully accounted
for in the management and administration account. While this
practice appears to have ceased, the Committee reminds the
Department that it expects to be notified should S&T; assess any
program for administrative costs exceeding 5 percent of the
total program appropriation through a notification pursuant to
section 503 of this act.
INTERNAL CONTROL AND STAFFING
The Committee remains concerned about internal controls at
S&T.; According to the Government Accountability Office, as of
March 9, 2007, S&T; had not filled about 35 percent of its total
authorized full-time equivalents [FTEs] for headquarters and
field operations (135 of 383) and about 53 percent of the FTEs
allocated to S&T;'s Chief Financial Officer's office (19 of 36).
The Department and S&T; are to move expeditiously to address the
critical issues of staffing and internal controls.
Research, Development, Acquisition, and Operations
Appropriations, 2007 \1\ \2\ \3\........................ $749,009,000
Budget estimate, 2008................................... 656,468,000
Committee recommendation................................ 697,364,000
\1\ Reflects transfer of resources pursuant to reorganizations in fiscal
year 2007 and rescission of prior year funds taken in fiscal year 2007.
\2\ Excludes $5,000,000 in emergency appropriations pursuant to Public
Law 110-28.
\3\ Includes a rescission of $125,000,000 in prior year appropriations
as required by section 529 of Public Law 109-295.
Science and Technology supports the mission of DHS through
basic and applied research, fabrication of prototypes, research
and development to mitigate the effects of weapons of mass
destruction, as well as acquiring and field testing equipment.
Separate funding is provided for 12 different activities or
portfolios.
COMMITTEE RECOMMENDATONS
The Committee recommends $697,364,000 for research,
development, acquisition, and operations of Science and
Technology for fiscal year 2008.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
SCIENCE AND TECHNOLOGY--RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
----------------------------------------------------------------------------------------------------------------
Fiscal year 2007 Fiscal year 2008 Committee
enacted \1\ \2\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Borders and Maritime Security........................... $33,436,000 $25,936,000 $25,479,000
Chemical and Biological................................. 229,453,000 228,949,000 216,038,000
Command, Control, and Interoperability.................. 57,612,000 63,600,000 61,763,000
Explosives.............................................. 105,231,000 63,749,000 81,726,000
Human Factors........................................... 6,800,000 12,600,000 6,706,000
Infrastructure and Geophysical.......................... 74,781,000 24,000,000 64,000,000
Innovation.............................................. 38,000,000 59,900,000 46,000,000
Laboratory Facilities................................... 105,649,000 88,814,000 103,814,000
Test and Evaluation, Standards.......................... 25,432,000 25,520,000 24,219,000
Transition.............................................. 24,040,000 24,700,000 23,901,000
University Programs..................................... 48,575,000 38,700,000 38,718,000
Homeland Security Institute..................... \3\ (10,000,000) \3\ (10,000,000) 5,000,000
-------------------------------------------------------
Total, Research, Development, Acquisition and 749,009,000 656,468,000 697,364,000
Operations.............................................
----------------------------------------------------------------------------------------------------------------
\1\ Reflects transfer of resources pursuant to reorganization in fiscal year 2007, rescission of prior year
funds taken in fiscal year 2007, and a new program, project, and activity structure based on the December 2006
budget realignment.
\2\ Includes a rescission of $125,000,000 in prior year appropriations as required by section 529 of Public Law
109-295 and excludes $5,000,000 in emergency appropriations pursuant to Public Law 110-28.
\3\ The Homeland Security Institute funding of $10,000,000 is distributed among the various programs in fiscal
year 2007 and the budget request.
HOMELAND SECURITY INSTITUTE
The authority for the Homeland Security Institute [HSI]
contained in the Homeland Security Act of 2002, expires in
April 2009. HSI has not been a visible activity within the
Department; its accomplishments have been modest, its budget
hidden among the other activities from which it has drawn a
tap. Indeed, its request for an appropriation was wholly
unjustified in the fiscal year 2007 budget submission and a
justification was provided for fiscal year 2008 only after the
Committee specifically asked for it. The Committee provides
$5,000,000 for this activity, $5,000,000 below the comparable
request, and creates a separate program, project, activity
[PPA] for HSI. It also reduces funding for the program in
recognition that most of the HSI's funding comes from contracts
with other agencies. In fiscal year 2007, and in the fiscal
year 2008 request, $10,000,000 is provided for HSI, buried in
other PPAs. These PPAs, from which the budget request proposes
an HSI tap, have been reduced accordingly.
REDUCTIONS
Given S&T;'s past history, the Committee has approved few
initiatives within this account. All activities within each PPA
line are reduced to fiscal year 2007 levels or are provided the
requested amounts, whichever is lower, unless otherwise noted.
Other reductions reflect the movement of the Homeland Security
Institute resources out of the various PPAs into a single PPA.
CHEMICAL AND BIOLOGICAL
The Committee recommends $216,038,000 for Chemical and
Biological programs, $12,911,000 less than the budget request.
The Committee provides the requested level of funding for
surveillance and detection operations and research activities.
BioWatch 3 detection offers to detect more pathogens, more
rapidly, at less expense than currently deployed systems.
COMMAND, CONTROL, AND INTEROPERABILITY
The Committee provides $61,763,000 for Command, Control,
and Interoperability, $1,837,000 below the request. The
Committee provides an increase of $10,000,000 for cyber
security and Internet-based control systems protection. These
funds will assist in finding solutions to address flaws in the
computerized systems that control generators, switching
stations, and electrical substations. The Committee believes
that well planned cyber attacks, such as the recent attacks
against Estonia, could have devastating consequences in this
country and encourages S&T; to continue its Distributed
Environment for Critical Infrastructure Decision-making
Exercises program for research of low probability, high
consequence cyber attacks against infrastructure critical to
the U.S. economy.
EXPLOSIVES
The Committee provides $81,726,000 for explosives research,
an increase of $17,977,000 over the request, to support S&T;'s
requirements under Homeland Security Presidential Directive-19.
Improvised explosive devices carry severe consequences,
especially in the transportation sector and at special events.
S&T; is directed to work toward producing detection technologies
that deter, reduce, or eliminate explosive attacks and their
consequences. S&T; should also look for next generation
detection innovations for car bombs and hidden explosives to
compliment short-term military research aimed at detection.
Further, S&T; should coordinate its research and development
efforts with other Federal activities to avoid duplication of
effort.
COUNTER-MAN PORTABLE AIR DEFENSE SYSTEMS
The Committee was disappointed to learn that additional
funding provided in fiscal year 2007 for a comprehensive
passenger aircraft suitability assessment resulted in a
decision by the administration to push back its report and
recommendation on deployment of these systems until fiscal year
2010. While the additional resources allowed a greater number
of aircraft to be assessed, the major concerns about these
systems such as effectiveness and reliability should soon be
well characterized. The Committee directs the Department to
report on the first portion of Phase III testing by the end of
fiscal year 2008 and provide a recommendation on whether these
systems are suitable for deployment or not.
TRANSPORTATION SECURITY LABORATORY
The Committee is aware of the need to expand laboratory
space at the Transportation Security Laboratory [TSL] in order
to safely house the Independent Test and Evaluation [ITE]
program. Further, the Committee is aware that product
certifications provided at no charge by the TSL are a valuable
service for vendors who send their products for evaluation, and
that the product certification system encourages the
development of newer security technology. The Committee directs
S&T; to report on the costs and benefits of charging companies
for certification of their products in light of the potential
to provide enhanced certification services and the capital
improvement needs of the laboratory housing the ITE program.
S&T; is directed to report to the Committee on this cost-benefit
analysis by February 5, 2008.
ANALYSIS, DISSEMINATION, VISUALIZATION, INSIGHT, SYNTHESIS, AND
ENHANCEMENT
The Committee is aware that S&T; has created the knowledge
management architecture known as Analysis, Dissemination,
Visualization, Insight, Synthesis, and Enhancement [ADVISE] to
integrate various information capabilities. Given that the
prototype uses departmental and other data, including some on
U.S. citizens, it has significant privacy implications. The
report accompanying the House passed fiscal year 2007
Department of Homeland Security Appropriations bill (House
Report 109-476) directed the Department to submit a program
plan, including goals and costs, by November 3, 2006. This
report has not been submitted. The Committee recommends no
funding for this program in fiscal year 2008. Future year
funding will depend on the Department's willingness to provide
a program plan and a privacy statement.
SOUTH EAST REGION RESEARCH INITIATIVE
The amount recommended includes $35,000,000 for the Oak
Ridge National Laboratory for competitive awards to continue
the Southeast Region Research Initiative Program (Requested by:
Cochran, Alexander, and Corker).
INFRASTRUCTURE AND GEOPHYSICAL
The Committee restores funding for the Regional Technology
Integration initiative to the fiscal year 2007 level of
$10,000,000. This program, in Anaheim, California; Cincinnati,
Ohio; Seattle, Washington; and Memphis, Tennessee, facilitates
the transition of innovative technologies and organizational
concepts to national, regional, State, and local jurisdictions
(Requested by: Feinstein).
INNOVATION
The Committee provides $46,000,000 for Innovation, a 21
percent increase over fiscal year 2007, and the Committee
supports S&T; efforts to explore innovative technologies, even
if they face a substantial risk of failure, provided the
potential benefits are even more substantial. Of the amount
provided, $8,000,000 is for composite hull technology research,
as requested. These funds are provided with the understanding
that this is an equal financial partnership with the Coast
Guard and industry.
LABORATORIES
The Committee provides $11,000,000 for the National Bio and
Agro Defense Facility [NBAF], as requested in the budget.
The Committee was disappointed that the Department failed
to provide a request that reflected its construction
obligations for the Physical Science Facility and refurbishment
of building 325 at the Pacific Northwest National Laboratory
located in Hanford, Washington. The Committee provides
$15,000,000 for ongoing construction activities in support of
the Department's November 7, 2006, memorandum of understanding
with the National Nuclear Security Administration and the
United States Department of Energy (Requested by: Murray and
Cantwell).
UNIVERSITY PROGRAMS
The Committee notes the importance of using behavioral and
social sciences to detect, analyze, and better understand and
prevent threats posed by terrorists, and commends the
Department for elevating the status of behavioral science with
the establishment of a new Human Factors Division. To support
this initiative, the Committee encourages continued and
increased support for the competitively awarded University
Programs' Scholars and Fellows program, which is critical to
the development of the next generation of homeland security
scientists.
NEW TECHNOLOGIES
The Committee believes new technologies may significantly
help the Department as it seeks to secure our homeland. The
Committee encourages the Department to develop through
competitive awards such technologies as: small, rugged mass
spectrometers; gallium nitride based multi-mission phase array
radar; high throughput backscatter personal screeners;
explosive detection using computer tomography and neutron
technology, data systems that are scaleable, easily deployable,
and do not require significant power or cooling infrastructure;
mono-energetic gamma resonant imaging and detections systems;
respirators using antimicrobial iodinated technology; and
supercomputing centers that utilize smart sensor algorithms on
low cost processors.
Domestic Nuclear Detection Office
SUMMARY
The mission of the Domestic Nuclear Detection Office [DNDO]
is to improve the Nation's capability to detect and report
attempts to import, possess, store, develop, or transport
nuclear and radiological material for use against the Nation.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$550,000,000 for activities of DNDO for fiscal year 2008.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2007 and budget
request levels:
DOMESTIC NUCLEAR DETECTION OFFICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2007 enacted 2008 budget Committee
\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Domestic Nuclear Detection Office:
Management and Administration............................ 30,468 34,000 32,000
Research, Development, and Operations.................... 272,500 319,900 336,000
Systems Acquisition...................................... 178,000 208,000 182,000
--------------------------------------------------
Total, Domestic Nuclear Detection Office............... 480,968 561,900 550,000
----------------------------------------------------------------------------------------------------------------
\1\ Excludes $135,000,000 in emergency appropriations pursuant to Public Law 110-28.
NON-CONTAINER SECURITY
The Committee notes DNDO plans to scan roughly 98 percent
of containerized cargo entering the country by the end of 2008.
Over the following years, DNDO will work toward scanning the
remaining 2 percent of container cargo coming through quieter
ports and other means. In the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability Act, 2007
(Public Law 110-28) an additional $100,000,000 was provided
toward this goal. However, according to U.S. Customs and Border
Protection, containerized cargo makes up only about half of the
sea-borne shipping (by tonnage), the rest is non-containerized
and largely unscanned. Surprisingly, even more cargo enters the
country by air than by sea-borne containerized vessels and
virtually none of this cargo is scanned as it is off-loaded.
While the Committee endorses assuring that containers
entering the country are scanned, it firmly believes that DNDO
should also begin to focus its energies on the roughly three-
quarters of all cargo that is not containerized and entering
the country without radiation scanning. Further, as exemplified
by the assassination of a former Russian spy in London with
Polonium-210, radioactive materials appear to be able to be
moved aboard passenger aircraft. DNDO should use its discretion
when allocating its radiation detection equipment and other
resources to focus on reducing the greatest amount of risk.
DNDO should consider intelligence estimates, transportation
pathways, origins of cargo and people, and other factors in
determining scanner placement. Given the recent supplemental
resources aimed at containerized cargo and the gaping hole for
other types of cargo, the Committee recommends $45,500,000 be
used to enhance non-containerized, high risk security. The
allocation of these funds is described in the separate accounts
below.
SECURING THE CITIES
The Committee recommends $30,000,000 for the Securing the
Cities initiative, ($5,000,000 within the Research,
Development, Operations account, and $25,000,000 within the
Systems Acquisition account), a decrease of $10,000,000 below
the budget request. The Committee strongly supports the goals
of this program, to detect radiological weapons before they are
brought into our cities from the Nation's interior and
elsewhere, by tripling the amount available to this program
over fiscal year 2007. However, the aggressive expansion of the
program proposed by the administration is premature since it
has no strategic plan, is based on several assumptions that run
counter to current intelligence in this threat arena, and has
no measure of success, nor an end point for infrastructure
build out. The Committee directs DNDO to submit a strategic
plan for its phased deployment that: (1) prioritizes the cities
to be covered by the program; (2) lays out a decision matrix on
which routes will be covered into the city whether by land, sea
or air; (3) addresses whether decoy detection systems would
benefit the public good; (4) indicates what level of detection
infrastructure makes sense for each city; (5) addresses whether
any given deployment has a reasonable chance of success against
an adversary with at least a moderate level of technological
know-how; and (6) establishes a 5-year projected cost of the
program. In addition, DNDO must enter into a memorandum of
understanding with any city receiving resources from the
program outlining the duties and resource requirements expected
of DNDO and expected of the city over the foreseeable future.
THE GLOBAL NUCLEAR DETECTION ARCHITECTURE
The Committee understands the Domestic Nuclear Detection
Office [DNDO] has been a leader in the development of the
Global Nuclear Detection Architecture and is working closely
with the Department of Energy and other Federal agencies whose
aim is to find a nuclear or radiological weapon before it
reaches our Nation's shores. The Committee applauds this
effort. The Committee directs DNDO to provide a classified
briefing to the Committee on ways it plans to incorporate
current intelligence into the structure and implementation of
the Architecture by October 1, 2007.
THE NUCLEAR THREAT AND RESOURCE ALLOCATION
Nuclear ``detection'' is only one element in the fight
against nuclear terrorism. Other efforts, such as intelligence
gathering, securing nuclear materials overseas, and non-
proliferation activities all contribute to slowing the spread
of these weapons of mass destruction. While coordination
between detection functions within the Federal Government
appears to be improving, little coordination occurs between
these other efforts to find the best use of funds. The
Committee encourages DNDO to work with its partners to go
beyond the Global Nuclear Detection Architecture to begin
balancing all efforts in a coordinated fashion.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2007.................................... $30,468,000
Budget estimate, 2008................................... 34,000,000
Committee recommendation................................ 32,000,000
The Management and Administration account funds salaries,
benefits and expenses for the Domestic Nuclear Detection
Office.
COMMITTEE RECOMMENDATIONS
The Committee recommends $32,000,000 for management and
administration, a reduction of $2,000,000 from the request.
The Committee has not fully funded the budget request for
increased staffing since DNDO has not fully identified specific
positions needed in the Chief of Staff's office or new
engineering positions to be filled. Further, DNDO is still well
below its fiscal year 2007 authorized staffing level. The
Committee provides sufficient resources to annualize prior year
positions and pay for cost of living increases.
RESEARCH, DEVELOPMENT, AND OPERATIONS
Appropriations, 2007 \1\................................ $272,500,000
Budget estimate, 2008................................... 319,900,000
Committee recommendation................................ 336,000,000
\1\ Excludes $35,000,000 in emergency appropriations pursuant to Public
Law 110-28.
---------------------------------------------------------------------------
COMMITTEE RECOMMENDATIONS
The Committee provides $336,000,000 for research,
development, and operations carried out by DNDO. The Committee
provides a increase of $16,100,000 from the level proposed in
the budget to increase funding to address the highest risk
routes of entry into the country.
NON-CONTAINER SECURITY
The Committee recognizes that DNDO plans to scan 98 percent
of containerized cargo entering the Nation by the end of 2008.
Public Law 110-28 appropriated $100,000,000 to enhance this
effort. Other higher risk pathways into the country are
currently left unmonitored. The Committee recommends that
$31,000,000 requested for further deployment of radiation
portal monitors for container security be redirected to other
higher risk means of entering the country, such as other forms
of cargo or cargo crossing the border between points of entry.
A total of $29,000,000 is moved to the Research, Development,
and Operations account from the Systems Acquisition account, of
which $20,000,000 is to deploy 20 domestic teams to screen
general aviation aircraft for illicit nuclear materials;
$3,000,000 is for development of mobile detection systems to
scan aircraft; and $6,000,000 is to enhance detection links
between seaports and railroads at a test center in Tacoma,
Washington, as authorized in section 121(i) of the Security and
Accountability For Every Port Act of 2006 (Public Law 109-347)
(Requested by: Murray).
RED TEAMING
The Committee recommends $9,800,000 for red teaming
activities, as requested in the budget. The Domestic Nuclear
Detection Office [DNDO] initiated the red team program to help
identify weaknesses in the Global Nuclear Detection
Architecture. Red team exercises may reveal where operational
improvements are needed and lead to a greater likelihood of
preventing, detecting, or deterring a nuclear attack. Early
reports hint that the red teaming efforts may be more collegial
than adversarial--perhaps a proper initial step--but the
Committee encourages aggressive red team efforts that challenge
the system, just as a terrorist might. Further, the red team
should not just challenge the pieces of the architecture, but
the architecture as a whole; if DNDO efforts are focused on one
well guarded pathway, challenge the other more vulnerable
routes, illustrate the weaknesses, and push for change.
TRANSFORMATIONAL RESEARCH
The Committee provides $100,000,000 for transformational
research for DNDO's development of advanced technologies to
detect nuclear or radiological weapons and the materials used
to conceal them and for other purposes. It is unsettling that
the media reports that the detector systems being installed
around the Nation and the world will not likely detect shielded
highly enriched uranium [HEU]. Given that at least one unstable
nation, with a significant terrorist presence within its
borders, has a nuclear arsenal composed of HEU-based weapons,
makes these efforts all the more important. Some of these
technologies will use active interrogation to find illicit
materials within cargo containers and other conveyances, which
is suitable in some commercial settings, but because of
emissions, may not be suitable for situations where people may
be exposed. The Committee believes that for efforts, such as
Securing the Cities, to be truly successful, passive or other
harmless technologies should be pursued so they might be safely
used in public settings.
SYSTEMS ACQUISITION
Appropriations, 2007 \1\................................ $178,000,000
Budget estimate, 2008................................... 208,000,000
Committee recommendation................................ 182,000,000
\1\ Excludes $100,000,000 in emergency appropriations pursuant to Public
Law 110-28.
COMMITTEE RECOMMENDATIONS
The Committee provides $182,000,000 for DNDO's procurement
and deployment of the domestic nuclear detection architecture.
Of the amount provided, $144,000,000 is for the deployment of
radiation portal monitors and $13,000,000 is for human portable
radiation detection systems. The Committee provides $25,000,000
for the Securing the Cities program within this account.
NON-CONTAINER SECURITY
The Committee recommends $10,000,000 of the radiation
portal monitoring acquisition funds be used to acquire
radiation portal systems for five U.S. international airports
for screening individuals and their baggage for radioactive
materials. The Committee also recommends shifting $6,500,000 to
acquisition of human portable radiation detection systems for a
total of $13,000,000 for this program. With a greater number of
handheld and portable devices, law enforcement, customs, and
other officials will have ready, reliable, and deployable tools
for finding radioactive materials be they hidden aboard
pleasure craft, airplanes, freighters, or automobiles.
ADVANCED SPECTROSCOPIC PORTAL MONITORS
The conference report accompanying the fiscal year 2007
Homeland Security Appropriations Act (Public Law 109-295)
prohibited DNDO from full-scale procurement of Advanced
Spectroscopic Portal monitors until the Secretary certifies and
reports to the Committees on Appropriations that a significant
increase in operational effectiveness merits such a decision.
Similarly, until such time the Committee receives this report
and certification, it recommends no funding be made available
for full-scale procurement of these systems with fiscal year
2008 resources.
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 limiting
the Department's ability to expend funds in support of
reorganizations, without the approval of Congress.
Section 503. The Committee includes a provision providing
authority to reprogram appropriations within an account and to
transfer not to exceed 5 percent of appropriations between
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 current 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) levels, as compared to program, project, and
activity levels reflected in the table in the statement of
managers accompanying the conference report on the fiscal year
2007 appropriations act as well as the impact on appropriations
requirements for each future fiscal year.
The Committee notes when the Department submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding and, if reconciliation is not possible, to consider
the reprogramming or transfer request unapproved. The
Department is not to propose a reprogramming or transfer of
funds after June 30 unless there are exceptional or emergency
circumstances.
Section 504. The Committee includes a provision that none
of the funds appropriated or otherwise available to the
Department may be used to make payment to the Department's
Working Capital Fund, except for activities and amounts allowed
in the President's fiscal year 2008 budget request, excluding
the following activities: sedan service; shuttle service;
transit subsidy; mail operations; parking; and competitive
sourcing.
Section 505. The Committee includes a provision making not
to exceed 50 percent of unobligated balances remaining at the
end of fiscal year 2007 of appropriations for salaries and
expenses available through fiscal year 2008 in the account and
for the purpose for which the funds were provided. The
obligation of such funds are subject to the statutory
requirements for the reprogramming of funds.
Section 506. 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 2008.
Section 507. The Committee includes a provision that the
Federal Law Enforcement Training Center lead the Federal law
enforcement training accreditation process.
Section 508. The Committee includes a provision requiring
notification of the Committees on Appropriations at least 3
business days in advance of the Department announcement of any
grant allocation, discretionary grant award, letter of intent,
or contract totaling over $1,000,000. The Federal Emergency
Management Agency is required to brief the Committee 5 full
business days in advance of awards for formula-based grants;
law enforcement terrorism prevention grants; regional
catastrophic planning grants; or high-density urban area
grants.
Section 509. 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 510. 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 511. 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 512. The Committee includes a provision prohibiting
the use of funds in contravention of the Buy American Act.
Section 513. The Committee includes a provision to prohibit
the obligation of funds for the Secure Flight program, except
on a test basis, until the requirements of section 522 of
Public Law 108-334 have been met and the Government
Accountability Office [GAO] has reviewed and made certain
certifications. The Committee directs GAO to continue to
evaluate Department of Homeland Security actions to meet the 10
elements listed in section 522 of Public Law 108-334 and to
report to the Committee, either incrementally as DHS meets
additional elements, or when all elements have been met. The
provision also prohibits the obligation of funds for a
commercial database that is obtained from or remains under the
control of a non-Federal entity.
Section 514. The Committee includes a provision prohibiting
the use of funds made available by the act to amend the oath of
allegiance required by section 337 of the Immigration and
Nationality Act.
Section 515. The Committee includes a provision regarding
competitive sourcing of certain U.S. Citizenship and
Immigration Services positions.
Section 516. The Committee includes a provision regarding
the use of appropriated funds for United States Secret Service
protection.
Section 517. The Committee includes a provision regarding
research, development, and procurement of new technology for
air cargo.
Section 518. The Committee includes a provision regarding
the Privacy Officer reporting to the Congress.
Section 519. The Committee includes a provision requiring
only those employees who are trained in contract management to
perform contract management.
Section 520. The Committee includes a provision that
directs any funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'',
``Administration'', and ``Transportation Security Support'' in
fiscal years 2004, 2005, 2006, and 2007, which are recovered or
deobligated, shall be available only for procurement and
installation of explosive detection systems for air cargo,
baggage, and checkpoint screening systems, subject to
notification.
Section 521. The Committee includes a provision continuing
section 525(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295) regarding
sensitive security information.
Section 522. The Committee includes a provision that
rescinds $45,000,000 from unobligated balances transferred to
the Department when it was created in 2003.
Section 523. The Committee includes a provision enabling
the United States Coast Guard to expend funds recovered,
collected, or otherwise received from the 110-123 foot patrol
boat conversion project on the replacement patrol boat program.
Section 524. The Committee includes a provision that
extends the authorization of the Working Capital Fund through
fiscal year 2008.
Section 525. The Committee includes and modifies a
provision contained in Public Law 109-295 requiring quarterly
Disaster Relief Fund financial reports.
Section 526. The Committee includes a provision requiring
the submission of monthly obligation and staffing reports.
Section 527. The Committee includes a provision relating to
undercover investigative operations authority of the United
States Secret Service for fiscal year 2008.
Section 528. The Committee includes a provision making the
activities of the staff of the Federal Law Enforcement Training
Center inherently governmental.
Section 529. The Committee includes a provision prohibiting
the Secretary of Homeland Security from altering or reducing
the United States Coast Guard's Civil Engineering program.
Section 530. The Committee includes a provision extending
the date for implementation of the Western Hemisphere Travel
Initiative.
Section 531. The Committee includes a provision clarifying
congressional intent on preemption regarding risk-based
security regulations on high-risk chemical facilities.
Section 532. The Committee includes a provision to ensure
that the National Center for Critical Information Processing
and Storage is fully utilized at the highest capacity
throughout the fiscal year as the Department's primary data
storage center.
Section 533. The Committee includes a provision to ensure
the Department of Homeland Security shall implement the data
center consolidation plan in a manner that shall not result in
a reduction to the Coast Guard's Operations Systems Center
mission or its government-employed or contract staff levels.
Section 534. The Committee includes a provision providing
transfer authority to the Transportation Security
Administration for the Secure Flight program.
Section 535. The Committee includes a provision to expedite
disaster assistance for schools damaged by Hurricanes Katrina
and Rita.
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, 2008, 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 2008 to
all items specified in the justifications submitted to the
Committees on Appropriations of the Senate and the House of
Representatives in support of the fiscal year 2008 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 is filing an original bill, which is not
covered under this rule, but reports this information in the
spirit of full disclosure.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2008:
Office of the Secretary and Executive Management;
Office of the Under Secretary for Management;
Office of the Chief Financial Officer;
Office of the Chief Information Officer;
Analysis and Operations;
Office of the Federal Coordinator for Gulf Coast
Rebuilding;
Office of Inspector General;
Customs and Border Protection: Salaries and Expenses;
Automation Modernization; Border Security Fencing,
Infrastructure, and Technology; Air and Marine Interdiction,
Operations, Maintenance, and Procurement; and Construction;
Immigration and Customs Enforcement: Salaries and Expenses;
Automation Modernization; Construction; and Federal Protective
Service;
Transportation Security Administration: Aviation Security;
Surface Transportation Security; Transportation Threat
Assessment and Credentialing; Transportation Security Support;
and Federal Air Marshals;
United States Coast Guard: Operating Expenses;
Environmental Compliance and Restoration; Reserve Training;
Acquisition, Construction, and Improvements; Alteration of
Bridges; and Research, Development, Test, and Evaluation;
United States Secret Service: Salaries and Expenses; and
Acquisition, Construction, Improvements, and Related Expenses;
National Protection and Programs Directorate: Management
and Administration; Infrastructure Protection and Information
Security; U.S. Visitor and Immigrant Status Indicator
Technology;
Office of Health Affairs;
Federal Emergency Management Agency: Management and
Administration; State and Local Programs; Disaster Relief;
Flood Map Modernization Fund; and Emergency Food and Shelter;
United States Citizenship and Immigration Services;
Federal Law Enforcement Training Center: Salaries and
Expenses; and Acquisition, Construction, Improvements, and
Related Expenses;
Science and Technology: Management and Administration; and
Research, Development, Acquisition, and Operations.
Domestic Nuclear Detection Office: Management and
Administration; Research, Development, and Operations; and
Systems Acquisition.
COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on June 14, 2007,
the Committee ordered reported an original bill (S. 1644)
making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2008, subject to
amendment and subject to the budget allocations and authorized
the chairman of the committee or the chairman of the
subcommittee to offer the text of the Senate-reported bill as a
committee amendment in the nature of a substitute to the House
companion measure, by a recorded vote of 29-0, a quorum being
present. The vote was as follows:
Yeas Nays
Chairman Byrd
Mr. Inouye
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Cochran
Mr. Stevens
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Craig
Mrs. Hutchison
Mr. Brownback
Mr. Allard
Mr. Alexander
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, the following changes in
existing law proposed to be made by the bill are shown as
follows: existing law to be omitted is enclosed in black
brackets; new matter is printed in italics; and existing law in
which no change is proposed is shown in roman.
With respect to this bill, no changes are required to be
reported. deg.
2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND
RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES, PUBLIC LAW 107-206
* * * * * * *
TITLE I--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
* * * * * * *
CHAPTER 12
* * * * * * *
INDEPENDENT AGENCIES
General Services Administration
REAL PROPERTY ACTIVITIES
* * * * * * *
GENERAL PROVISIONS--THIS CHAPTER
* * * * * * *
Sec. 1202. (a) The Federal Law Enforcement Training Center
may, for a period ending not later than [December 31, 2007]
December 31, 2011, appoint and maintain a cadre of up to 250
Federal annuitants: (1) without regard to any provision of
title 5, United States Code, which might otherwise require the
application of competitive hiring procedures; and (2) who shall
not be subject to any reduction in pay (for annuity allocable
to the period of actual employment) under the provisions of
section 8344 or 8468 of such title 5 or similar provision of
any other retirement system for employees. A reemployed Federal
annuitant as to whom a waiver of reduction under paragraph (2)
applies shall not, for any period during which such waiver is
in effect, be considered an employee for purposes of subchapter
III of chapter 83 or chapter 84 of title 5, United States Code,
or such other retirement system (referred to in paragraph (2))
as may apply.
* * * * * * *
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004, PUBLIC LAW
108-458
* * * * * * *
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
* * * * * * *
Subtitle B--Terrorist Travel and Effective Screening
SEC. 7201. * * *
* * * * * * *
SEC. 7209. TRAVEL DOCUMENTS.
(a) * * *
* * * * * * *
(b) Passports.--
(1) Development of plan.--The Secretary of Homeland
Security, in consultation with the Secretary of State,
shall develop and implement a plan as expeditiously as
possible to require a passport or other document, or
combination of documents, deemed by the Secretary of
Homeland Security to be sufficient to denote identity
and citizenship, for all travel into the United States
by United States citizens and by categories of
individuals for whom documentation requirements have
previously been waived under section 212(d)(4)(B) of
the Immigration and Nationality Act (8 U.S.C.
1182(d)(4)(B)). [This plan shall be implemented not
later than three months after the Secretary of State
and the Secretary of Homeland Security make the
certifications required in subsection (B), or June 1,
2009, whichever is earlier.] Such plan may not be
implemented earlier than the date that is the later of
3 months after the Secretary of State and the Secretary
of Homeland Security make the certification required in
subparagraph (B) or June 1, 2009.
* * * * * * *
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007, PUBLIC LAW
109-295
* * * * * * *
TITLE V
GENERAL PROVISIONS
* * * * * * *
Sec. 532. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal year
[2007] 2008, with respect to any undercover investigative
operation of the United States Secret Service (hereafter
referred to in this section as the ``Secret Service'') that is
necessary for the detection and prosecution of crimes against
the United States--
* * * * * * *
Sec. 550. (a) * * *
* * * * * * *
(g) If the Secretary determines that a chemical facility is
not in compliance with this section, the Secretary shall
provide the owner or operator with written notification
(including a clear explanation of deficiencies in the
vulnerability assessment and site security plan) and
opportunity for consultation, and issue an order to comply by
such date as the Secretary determines to be appropriate under
the circumstances: Provided, That if the owner or operator
continues to be in noncompliance, the Secretary may issue an
order for the facility to cease operation, until the owner or
operator complies with the order.
(h) This section shall not preclude or deny any right of
any State or political subdivision thereof to adopt or enforce
any regulation, requirement, or standard of performance with
respect to chemical facility security that is more stringent
than a regulation, requirement, or standard of performance
issued under this section, or otherwise impair any right or
jurisdiction of any State with respect to chemical facilities
within that State, unless there is an actual conflict between
this section and the law of that State.
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 2008: Subcommittee on Homeland Security
Mandatory............................................... 1,072 1,072 1,066 \1\ 1,066
Discretionary........................................... 36,439 36,439 38,736 \1\ 38,407
Projection of outlays associated with the recommendation:
2008.................................................... ........... ........... ........... \2\ 22,251
2009.................................................... ........... ........... ........... 7,648
2010.................................................... ........... ........... ........... 4,929
2011.................................................... ........... ........... ........... 1,677
2012 and future years................................... ........... ........... ........... 758
Financial assistance to State and local governments for NA 4,704 NA 431
2008.......................................................
----------------------------------------------------------------------------------------------------------------
\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 2007 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2008
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation compared with (+ or
-)
Item 2007 Budget House allowance Committee -----------------------------------------------------
appropriation estimate deg. recommendation 2007 Budget House
appropriation estimate allowance
------------------------------------------------------------------------------------------------------------------------- -----------------------------------
DEPARTMENT OF HOMELAND
TITLE I--DEPARTMENTAL
MANAGEMENT AND OPERATIONS
Departmental Operations
Office of the Secretary and
Executive Management:
Immediate Office of the 2,540 2,650 2,650 +110 ................
Secretary................
Immediate Office of the 1,185 1,222 1,122 -63 -100
Deputy Secretary.........
Chief of Staff............ 2,560 2,639 2,639 +79 ................
Office of Counternarcotics 2,360 3,155 2,360 ................ -795
Enforcement..............
Executive Secretary....... 4,450 5,127 4,855 +405 -272
Office of Policy.......... 29,305 35,300 31,310 +2,005 -3,990
Secure Border Imitative 4,500 4,500 4,500 ................ ................
Office...................
Office of Public Affairs.. 6,000 7,686 7,400 +1,400 -286
Office of Legislative and 5,449 5,618 5,518 +69 -100
Intergovernmental Affairs
Office of General Counsel. 12,759 15,155 12,759 ................ -2,396
Office of Civil Rights and 13,000 13,722 13,722 +722 ................
Liberties................
Citizenship and 5,927 6,054 6,054 +127 ................
Immigration Services
Ombudsman................
Privacy Officer........... 4,435 5,111 5,111 +676 ................
Transfer to Aviation (-300) ................. ................ (+300) ................
Security (Public Law 110-
5, sec. 21101)...........
-------------------------------------------------------------------------------------------------------------------------
Total, Office of the 94,170 107,939 100,000 +5,830 -7,939
Secretary and Executive
Management (including
transfers).............
Appropriations...... (94,470) (107,939) (100,000) (+5,530) (-7,939)
(transfer out)...... (-300) ................. ................ (+300) ................
Office of the Under Secretary
for Management:
Under Secretary for 1,870 2,012 2,012 +142 ................
Management...............
Office of Security........ 52,640 53,990 53,990 +1,350 ................
Office of the Chief 16,895 28,495 28,495 +11,600 ................
Procurement Officer......
Office of the Chief Human
Capital Officer:
Salaries and expenses. 8,811 10,278 8,811 ................ -1,467
MAX--HR System........ 25,000 15,000 5,000 -20,000 -10,000
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Office of 33,811 25,278 13,811 -20,000 -11,467
the Chief Human
Capital Officer.... Office of the Chief
Administrative Officer:
Salaries and expenses. 40,218 42,575 42,575 +2,357 ................
Nebraska Avenue 8,206 6,000 6,000 -2,206 ................
Complex facilities...
Consilidated ................ 120,000 88,000 +88,000 -32,000
Headquarters Project.
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Office of 48,424 168,575 136,575 +88,151 -32,000
the Chief
Administrative
Officer............ Transfer to Aviation (-5,000) ................. ................ (+5,000) ................
Security (Public Law 110-
5, sec. 21101)...........
-------------------------------------------------------------------------------------------------------------------------
Total, Office of the 148,640 278,350 234,883 +86,243 -43,467
Under Secretary for
Management (including
transfers).............
Appropriations...... (153,640) (278,350) (234,883) (+81,243) (-43,467)
(transfer out)...... (-5,000) ................. ................ (+5,000) ................Office of the Chief Financial 26,000 32,800 30,076 +4,076 -2,724
Officer......................Office of the Chief
Information Officer:
Salaries and expenses..... 79,521 82,400 82,400 +2,879 ................
Information technology 61,013 56,200 56,200 -4,813 ................
activities...............
Security activities....... 89,387 89,400 149,400 +60,013 +60,000
Wireless program.......... 86,438 ................. ................ -86,438 ................
Homeland Secure Data 32,654 33,100 33,100 +446 ................
Network (HSDN)...........
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Office of the 349,013 261,100 321,100 -27,913 +60,000
Chief Information
Officer................Analysis and Operations....... 299,663 314,681 306,000 +6,337 -8,681
=========================================================================================================================
Total, Departmental 917,486 994,870 992,059 +74,573 -2,811
Operations.............Office of the Federal 3,000 3,000 3,000 ................ ................
Coordinator for Gulf Coast
Rebuilding................... Office of Inspector GeneralOperating expenses............ 85,185 99,111 95,211 +10,026 -3,900
(transfer from Disaster (13,500) ................. (13,500) ................ (+13,500)
Relief)..................
-------------------------------------------------------------------------------------------------------------------------
Operating expenses 98,685 99,111 108,711 +10,026 +9,600
(including transfers)
Appropriations.... (85,185) (99,111) (95,211) (+10,026) (-3,900)
by transfer....... (13,500) ................. (13,500) ................ (+13,500)
=========================================================================================================================
Total, title I, 1,019,171 1,096,981 1,103,770 +84,599 +6,789
Departmental
Management and
Operations
(including
transfers).....
Appropriatio (1,010,971) (1,096,981) (1,090,270) (+79,299) (-6,711)
ns.........
by transfer. (13,500) ................. (13,500) ................ (+13,500)
transfer out (-5,300) ................. ................ (+5,300) ................
=========================================================================================================================
TITLE II--SECURITY,
ENFORCEMENT, AND
INVESTIGATIONS Customs and Border ProtectionSalaries and expenses:
Headquarters, Management,
and Administration:
Management and 658,943 675,391 639,373 -19,570 -36,018
administration,
border security
inspections and trade
facilitation.........
Management and 589,446 602,016 597,016 +7,570 -5,000
administration,
border security and
control between ports
of entry.............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 1,248,389 1,277,407 1,236,389 -12,000 -41,018
Headquarters, Mgt,
& Admin............ Border security
inspections and trade
facilitation:
Inspections, trade, 1,326,665 1,610,202 1,675,685 +349,020 +65,483
and travel
facilitation at ports
of entry.............
Harbor maintenance fee 3,026 3,026 3,093 +67 +67
collection (trust
fund)................
Container security 139,312 156,130 156,130 +16,818 ................
initiative...........
Other international 8,701 8,871 10,866 +2,165 +1,995
programs.............
Customs-Trade 54,730 55,560 62,310 +7,580 +6,750
Partnership Against
Terrorism (C-TPAT)...
Free and Secure Trade 11,243 11,243 11,243 ................ ................
(FAST) NEXUS/SENTRI..
Inspection and 141,317 135,979 105,027 -36,290 -30,952
detection technology
investments.......... Emergency 100,000 ................. ................ -100,000 ................
appropriations...
-------------------------------------------------------------------------------------------------------------------------
Subtotal........ 241,317 135,979 105,027 -136,290 -30,952 Automated targeting 27,298 27,580 27,580 +282 ................
systems..............
National Targeting 23,635 23,950 23,950 +315 ................
Center...............
Other technology 24,564 24,813 24,813 +249 ................
investments,
including I/T
training.............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Border 1,860,491 2,057,354 2,100,697 +240,206 +43,343
security
inspections and
trade facilitation.Border security and control
between ports of entry:
Border security and 2,239,586 2,984,443 2,984,443 +744,857 ................
control..................
SBINET training........... 37,924 52,789 52,789 +14,865 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Border 2,277,510 3,037,232 3,037,232 +759,722 ................
security and control
between ports of entry.Air and Marine Personnel 175,796 207,740 226,740 +50,944 +19,000
Compensation and Benefits....
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and 5,562,186 6,579,733 6,601,058 +1,038,872 +21,325
expenses...............
Appropriations...... (5,459,160) (6,576,707) (6,597,965) (+1,138,805) (+21,258)
Emergency (100,000) ................. ................ (-100,000) ................
appropriations.....
Trust fund.......... (3,026) (3,026) (3,093) (+67) (+67)Automation modernization:
Automated commercial 316,800 316,969 316,969 +169 ................
environment/International
Trade Data System (ITDS).
Automated commercial 134,640 159,640 159,640 +25,000 ................
system and current
operations and processing
support..................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Automation 451,440 476,609 476,609 +25,169 ................
modernization..........Border security fencing, 28,365 ................. ................ -28,365 ................
infrastructure, and
technology (BSFIT)...........
Emergency appropriations.. 1,159,200 ................. ................ -1,159,200 ................
Development and deployment ................ 936,000 863,000 +863,000 -73,000
Operation and maintenance. ................ ................. 73,000 +73,000 +73,000
Program management........ ................ 64,000 64,000 +64,000 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, BSFIT......... 1,187,565 1,000,000 1,000,000 -187,565 ................
Appropriations...... (28,365) (1,000,000) (1,000,000) (+971,635) ................
Emergency (1,159,200) ................. ................ (-1,159,200) ................
appropriations.....Air and Marine Interdiction,
Operations, Maintenance, and
Procurement:
Operations and maintenance 236,454 353,954 365,614 +129,160 +11,660 Procurement............... 133,733 123,333 123,333 -10,400 ................
Emergency 232,000 ................. ................ -232,000 ................
appropriations.......
-------------------------------------------------------------------------------------------------------------------------
Subtotal............ 365,733 123,333 123,333 -242,400 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Air and 602,187 477,287 488,947 -113,240 +11,660
marine
interdiction,
operations,
maintenance, and
procurement........
Appropriations.. (370,187) (477,287) (488,947) (+118,760) (+11,660)
Emergency (232,000) ................. ................ (-232,000) ................
appropriations.Construction:
Construction.............. 122,978 249,663 274,863 +151,885 +25,200
Construction (Border 110,000 ................. ................ -110,000 ................
Patrol) (emergency)......
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Construction.. 232,978 249,663 274,863 +41,885 +25,200 Total, Direct 8,036,356 8,783,292 8,841,477 +805,121 +58,185
appropriations for
Customs and Border
Protection.............Fee accounts:
Immigration inspection (529,300) (535,291) (535,291) (+5,991) ................
user fee.................
Immigration enforcement (1,724) (3,440) (3,440) (+1,716) ................
fines....................
Land border inspection fee (28,071) (30,121) (30,121) (+2,050) ................
COBRA passenger inspection (387,804) (392,180) (392,180) (+4,376) ................
fee......................
APHIS inspection fee...... (214,287) (299,622) (299,622) (+85,335) ................
Puerto Rico collections... (97,815) (117,214) (117,214) (+19,399) ................
Small airport user fees... (6,230) (7,057) (7,057) (+827) ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, fee accounts.. (1,265,231) (1,384,925) (1,384,925) (+119,694) ................
=========================================================================================================================
Total, Customs and (9,301,587) (10,168,217) (10,226,402) (+924,815) (+58,185)
Border Protection......
Appropriations...... (6,435,156) (8,783,292) (8,841,477) (+2,406,321) (+58,185)
Emergency (1,601,200) ................. ................ (-1,601,200) ................
appropriations.....
(Fee accounts)...... (1,265,231) (1,384,925) (1,384,925) (+119,694) ................
=========================================================================================================================
Immigration and Customs
EnforcementSalaries and expenses:
Headquarters Management
and Administration non-
Detention and Removal
Operations):
Personnel compensation 140,000 162,137 164,637 +24,637 +2,500
and benefits, service
and other costs......
Headquarters managed 134,013 152,306 152,306 +18,293 ................
IT investment........
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 274,013 314,443 316,943 +42,930 +2,500
Headquarters
management and
administration..... Legal proceedings......... 187,353 207,850 207,850 +20,497 ................ Investigations:
Domestic.............. 1,285,229 1,372,328 1,411,101 +125,872 +38,773
International......... 104,681 108,074 107,551 +2,870 -523
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 1,389,910 1,480,402 1,518,652 +128,742 +38,250
Investigations..... Intelligence.............. 51,379 52,146 52,146 +767 ................ Detention and removal
operations:
Custody Operations.... 1,381,767 1,459,712 1,606,163 +224,396 +146,451
Fugitive operations... 183,200 186,145 194,645 +11,445 +8,500
Criminal Alien program 137,494 168,329 178,829 +41,335 +10,500
Alternatives to 43,600 43,889 43,889 +289 ................
detention............
Transportation and 238,284 249,084 282,526 +44,242 +33,442
removal program......
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Detention 1,984,345 2,107,159 2,306,052 +321,707 +198,893
and removal
operations.........
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries 3,887,000 4,162,000 4,401,643 +514,643 +239,643
and expenses.......Federal protective service:
Basic security............ 123,310 186,673 186,673 +63,363 ................
Building specific security 392,701 426,327 426,327 +33,626 ................
(including capital
equipment replacement/
acquisition).............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Federal 516,011 613,000 613,000 +96,989 ................
Protective Service..... Offsetting fee collections -516,011 -613,000 -613,000 -96,989 ................Automation modernization: 15,000 ................. 15,000 ................ +15,000
ATLAS........................Construction.................. 26,281 6,000 16,250 -10,031 +10,250
Emergency appropriations.. 30,000 ................. ................ -30,000 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Construction.. 56,281 6,000 16,250 -40,031 +10,250
=========================================================================================================================
Total direct 3,958,281 4,168,000 4,432,893 +474,612 +264,893
appropriations for
Immigration and Customs
Enforcement............Fee accounts:
Immigration inspection (108,000) (113,500) (113,500) (+5,500) ................
user fee.................
Breached bond/detention (90,000) (63,800) (63,800) (-26,200) ................
fund.....................
Student exchange and (54,349) (56,200) (56,200) (+1,851) ................
visitor fee..............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, fee accounts.. (252,349) (233,500) (233,500) (-18,849) ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Immigration (4,726,641) (5,014,500) (5,279,393) (+552,752) (+264,893)
and Customs Enforcement
(gross)................
Offsetting fee (-516,011) (-613,000) (-613,000) (-96,989) ................
collections........
=========================================================================================================================
Total, Immigration and (4,210,630) (4,401,500) (4,666,393) (+455,763) (+264,893)
Customs Enforcement....
Appropriations...... (3,928,281) (4,168,000) (4,432,893) (+504,612) (+264,893)
Emergency (30,000) ................. ................ (-30,000) ................
appropriations.....
Fee accounts........ (252,349) (233,500) (233,500) (-18,849) ................
=========================================================================================================================
Transportation Security
AdministrationAviation security:
Screening operations:
Screener workforce:
Privatized 148,600 143,385 143,385 -5,215 ................
screening........
Passenger & 2,470,200 2,601,404 2,601,404 +131,204 ................
Baggage screener--
personnel,
compensation, and
benefits.........
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 2,618,800 2,744,789 2,744,789 +125,989 ................
Screener
workforce...... Screening training and 244,466 200,466 200,466 -44,000 ................
other................
Human resource 207,234 182,234 182,234 -25,000 ................
services.............
Checkpoint support.... 173,366 136,000 136,000 -37,366 ................ EDS/ETD Systems:
EDS procurement 279,400 440,000 529,400 +250,000 +89,400
and installation.
EDS/ETD 222,000 264,000 257,000 +35,000 -7,000
maintenance and
other equipment..
Operation 23,000 25,000 25,000 +2,000 ................
integration......
-------------------------------------------------------------------------------------------------------------------------
Subtotal, EDS/ 524,400 729,000 811,400 +287,000 +82,400
ETD Systems....
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 3,768,266 3,992,489 4,074,889 +306,623 +82,400
Screening
operations..... Aviation security
direction and
enforcement:
Aviation regulation 217,516 223,653 223,653 +6,137 ................
and other enforcement
Airport management, 666,032 655,933 645,933 -20,099 -10,000
IT, and support......
FFDO and flight crew 25,000 25,091 25,091 +91 ................
training.............
Air cargo............. 55,000 55,768 65,768 +10,768 +10,000
Airport perimeter ................ ................. 4,000 +4,000 +4,000
security.............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Aviation 963,548 960,445 964,445 +897 +4,000
security direction
and enforcement.... Discretionary fees:
General aviation at ................ 200 200 +200 ................
DCA..................
Indirect air cargo.... ................ 25 25 +25 ................
-------------------------------------------------------------------------------------------------------------------------
Total, Discretionary ................ 225 225 +225 ................
fees............... (by transfer) (Public Law (7,300) ................. ................ (-7,300) ................
110-5, sec. 21101)....... Aviation security capital (250,000) ................. ................ (-250,000) ................
fund.....................
-------------------------------------------------------------------------------------------------------------------------
Total, Aviation security 4,739,114 4,953,159 5,039,559 +300,445 +86,400
(gross) (including
transfers).............
Offsetting fee -2,420,000 -2,710,000 -2,710,000 -290,000 ................
collections (non-
mandatory).........
Discretionary fees-- ................ -225 -225 -225 ................
offsetting
collections (non-
mandatory).........
-------------------------------------------------------------------------------------------------------------------------
Total, Aviation security 2,319,114 2,242,934 2,329,334 +10,220 +86,400
(net)..................
Appropriation....... (2,311,814) (2,242,934) (2,329,334) (+17,520) (+86,400)
by transfer......... (7,300) ................. ................ (-7,300) ................ Aviation security (250,000) ................. ................ (-250,000) ................
capital fund.........Surface transportation
security:
Staffing and operations... 24,000 24,485 24,485 +485 ................
Rail security inspectors 13,200 16,928 16,928 +3,728 ................
and canines..............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Surface 37,200 41,413 41,413 +4,213 ................
transportation securityTransportation Threat
Assessment and Credentialing:
Secure Flight............. 15,000 53,000 28,000 +13,000 -25,000
Transfer to Aviation (-2,000) ................. ................ (+2,000) ................
Security (Public Law 110-
5, sec. 21101)...........
Crew vetting.............. 14,700 14,990 14,990 +290 ................
Screening administration 10,000 9,500 9,500 -500 ................
and operations...........
TWIC direct appropriations ................ ................. 15,000 +15,000 +15,000
Registered Traveler (35,101) (35,101) (35,101) ................ ................
Program fees.............
TWIC fees................. (20,000) (26,500) (26,500) (+6,500) ................
Hazardous materials fees.. (19,000) (19,000) (19,000) ................ ................
Alien Flight School (by (2,000) (2,000) (2,000) ................ ................
transfer from DOJ)--fees.
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Transportation (113,801) (160,091) (150,091) (+36,290) (-10,000)
Threat Assessment and
Credentialing (Gross)
(including transfers)..
Fee funded programs. (76,101) (82,601) (82,601) (+6,500) ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Transportation 37,700 77,490 67,490 +29,790 -10,000
Threat Assessment and
Credentialing (net)
(including transfers)..
Appropriations...... (39,700) (77,490) (67,490) (+27,790) (-10,000)
(transfer out)...... (-2,000) ................. ................ (+2,000) ................Transportation security
support:
Administration:
Headquarters 294,191 294,191 294,191 ................ ................
administration.......
Information technology 210,092 209,324 209,324 -768 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 504,283 503,515 503,515 -768 ................
Administration..... Intelligence.............. 21,000 21,000 21,000 ................ ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Transportation 525,283 524,515 524,515 -768 ................
security support.......Federal Air Marshals:
Management and 628,494 644,173 644,173 +15,679 ................
administration...........
Travel and training....... 85,800 77,827 77,827 -7,973 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Federal Air 714,294 722,000 722,000 +7,706 ................
Marshals...............Rescission of unobligated -66,712 ................. ................ +66,712 ................
balances.....................
=========================================================================================================================
Total, Transportation 6,312,980 6,401,178 6,477,578 +164,598 +76,400
Security Administration
(gross) (including
transfers).............
Offsetting fee -2,420,000 -2,710,225 -2,710,225 -290,225 ................
collections........
Aviation security (250,000) ................. ................ (-250,000) ................
capital fund.......
Fee accounts........ (76,101) (82,601) (82,601) (+6,500) ................
=========================================================================================================================
Total, Transportation 3,566,879 3,608,352 3,684,752 +117,873 +76,400
Security Administration
(net) (including
transfers).............
Appropriations...... (3,628,291) (3,608,352) (3,684,752) (+56,461) (+76,400)
Rescissions......... (-66,712) ................. ................ (+66,712) ................
by transfer......... (7,300) ................. ................ (-7,300) ................
transfer out........ (-2,000) ................. ................ (+2,000) ................
========================================================================================================================= United States Coast GuardOperating expenses:
Military pay and 2,788,276 2,958,622 2,958,622 +170,346 ................
allowances...............
Civilian pay and benefits. 569,434 630,669 633,319 +63,885 +2,650
Training and recruiting... 180,876 186,548 186,548 +5,672 ................
Operating funds and unit 1,011,374 1,138,199 1,138,199 +126,825 ................
level maintenance........
Centrally managed accounts 201,968 226,215 229,815 +27,847 +3,600
Intermediate and depot 710,729 754,042 754,042 +43,313 ................
level maintenance........
Port Security enhancements 15,000 ................. 30,000 +15,000 +30,000
Less adjustment for -340,000 -340,000 -340,000 ................ ................
defense function.........
Defense function.......... 340,000 340,000 340,000 ................ ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Operating 5,477,657 5,894,295 5,930,545 +452,888 +36,250
expenses...............
Appropriations...... (5,137,657) (5,554,295) (5,590,545) (+452,888) (+36,250)
Defense function.... (340,000) (340,000) (340,000) ................ ................Environmental compliance and 10,880 12,079 12,079 +1,199 ................
restoration..................
Reserve training.............. 122,448 126,883 126,883 +4,435 ................Acquisition, construction, and
improvements:
Vessels:
Response boat medium 24,750 9,200 9,200 -15,550 ................
(41 ft UTB and NSB
replacement).........
Special purpose craft-- 1,800 ................. ................ -1,800 ................
Law enforcement
(emergency)..........
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Vessels... 26,550 9,200 9,200 -17,350 ................ Aircraft:
HH-60 replacement..... 15,000 ................. ................ -15,000 ................ Other equipment:
Automatic 11,238 12,000 12,000 +762 ................
identification system
Defense messaging ................ 5,000 5,000 +5,000 ................
system...............
National distress and 39,600 80,800 80,800 +41,200 ................
response system
modernization (Rescue
21)..................
HF Recap.............. 2,475 2,500 2,500 +25 ................ National Capital 48,510 11,500 11,500 -37,010 ................
Region Air Defense...
Emergency 18,000 ................. ................ -18,000 ................
appropriations...
-------------------------------------------------------------------------------------------------------------------------
Subtotal........ 66,510 11,500 11,500 -55,010 ................ Maritime security ................ 1,800 1,800 +1,800 ................
response team--
shoothouse.......
Interagency ................ ................. 60,000 +60,000 +60,000
operational
centers for Port
Security.........
Rescission........ -4,100 ................. ................ +4,100 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Other 115,723 113,600 173,600 +57,877 +60,000
equipment...... Personnel compensation and
benefits:
Core acquisition costs 500 505 505 +5 ................
Direct personnel cost. 80,500 ................. ................ -80,500 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Personnel 81,000 505 505 -80,495 ................
compensation and
benefits........... Integrated deepwater
systems:
Aircraft:
Maritime Patrol 47,616 170,016 170,016 +122,400 ................
Aircraft (MPA)...
Emergency 100,500 ................. ................ -100,500 ................
appropriation
s............
VTOL unmanned 4,950 ................. ................ -4,950 ................
aerial vehicles
(UAVs)...........
HH-60 conversions. 49,302 57,300 52,300 +2,998 -5,000
HC-130H conversion/ 48,955 18,900 13,900 -35,055 -5,000
sustainment......
HH-65 conversion 32,373 50,800 50,800 +18,427 ................
project..........
Armed helicopter 55,740 24,600 24,600 -31,140 ................
equipment........
C-130J fleet 4,950 5,800 5,800 +850 ................
introduction.....
Rescission........ ................ ................. ................ ................ ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 344,386 327,416 317,416 -26,970 -10,000
Aircraft....... Surface ships:
National Security 362,280 165,700 165,700 -196,580 ................
Cutter (NSC).....
Emergency 55,500 ................. ................ -55,500 ................
appropriation
s............
Fast Response 41,580 ................. ................ -41,580 ................
Cutter (FRC-A)...
Replacement Patrol 48,000 53,600 53,600 +5,600 ................
Boat (FRC-B).....
IDS small boats... 1,188 2,700 2,700 +1,512 ................
Patrol Boat ................ 40,500 40,500 +40,500 ................
sustainment......
Medium endurance 45,318 34,500 34,500 -10,818 ................
cutter
sustainment......
Reappropriation, 78,693 ................. ................ -78,693 ................
patrol boats.....
Rescission, Fast -78,693 ................. -8,000 +70,693 -8,000
Response Cutter..
Rescission -20,000 -48,787 -48,787 -28,787 ................
Offshore Patrol
Cutter...........
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 533,866 248,213 240,213 -293,653 -8,000
Surface ships.. Technology ................ 700 700 +700 ................
obsolescence......... C4ISR................. 50,000 89,630 89,630 +39,630 ................
Logistics............. 36,000 36,500 36,500 +500 ................
Systems engineering 35,145 35,145 35,145 ................ ................
and integration......
Government program 46,475 50,475 50,475 +4,000 ................
management...........
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Integrated 1,045,872 788,079 770,079 -275,793 -18,000
deepwater systems.. Shore facilities and aids 22,000 37,897 37,897 +15,897 ................
to navigation............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Acquisition, 1,306,145 949,281 991,281 -314,864 +42,000
construction, and
improvements...........
Appropriations...... (1,233,138) (998,068) (1,048,068) (-185,070) (+50,000)
Emergency (175,800) ................. ................ (-175,800) ................
appropriations.....
Rescissions......... (-102,793) (-48,787) (-56,787) (+46,006) (-8,000)Alteration of bridges......... 16,000 ................. 16,000 ................ +16,000
Research, development, test, 17,000 17,583 25,583 +8,583 +8,000
and evaluation...............
Health care fund contribution. 278,704 272,111 272,111 -6,593 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, U.S. Coast 7,228,834 7,272,232 7,374,482 +145,648 +102,250
Guard discretionary....Retired pay (mandatory)....... 1,063,323 1,184,720 1,184,720 +121,397 ................
=========================================================================================================================
Total, United States 8,292,157 8,456,952 8,559,202 +267,045 +102,250
Coast Guard............
Appropriations...... (8,219,150) (8,505,739) (8,615,989) (+396,839) (+110,250)
Emergency (175,800) ................. ................ (-175,800) ................
appropriations.....
Rescissions......... (-102,793) (-48,787) (-56,787) (+46,006) (-8,000)
=========================================================================================================================
United States Secret ServiceSalaries and expenses:
Administration: 169,370 175,934 175,934 +6,564 ................
Headquarters, management
and administration.......
Protection:
Protection of persons 651,247 696,635 693,535 +42,288 -3,100
and facilities.......
Protective 55,509 57,704 57,704 +2,195 ................
intelligence
activities...........
National special 1,000 1,000 1,000 ................ ................
security events......
NSSE reappropriation 2,500 ................. ................ -2,500 ................
(H.R. 5441, sec. 560)
NSSE rescission of -2,500 ................. ................ +2,500 ................
unobligated balances.
Presidental candidate 18,400 85,250 85,250 +66,850 ................
nominee protection...
White House mail 16,201 26,601 26,601 +10,400 ................
screening............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Protection 742,357 867,190 864,090 +121,733 -3,100 Investigations:
Domestic field ................ ................. 219,742 +219,742 +219,742
operations...........
International field ................ ................. 27,520 +27,520 +27,520
office
administration,
operations...........
Electronic crimes ................ ................. 44,565 +44,565 +44,565
special agent program
and electronic crimes
task forces..........
Support for missing ................ ................. 8,366 +8,366 +8,366
and exploited
children.............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, ................ ................. 300,193 +300,193 +300,193
Investigations..... Training: Rowley training 50,052 51,954 51,954 +1,902 ................
center...................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and 961,779 1,095,078 1,392,171 +430,392 +297,093
expenses...............Investigations and Field
Operations:
Domestic field operations. 236,093 219,742 ................ -236,093 -219,742
International field 22,616 27,520 ................ -22,616 -27,520
administration and
operations...............
Electronic crimes special 44,079 44,565 ................ -44,079 -44,565
agent program and
electronic crimes task
forces...................
Forensic support and 8,366 8,366 ................ -8,366 -8,366
grants to NCMEC..........
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Investigations 311,154 300,193 ................ -311,154 -300,193
and Field operations...Acquisition, construction, 3,725 3,725 3,725 ................ ................
improvements, and related
expenses (Rowley training
center)......................
-------------------------------------------------------------------------------------------------------------------------
Total, United States 1,276,658 1,398,996 1,395,896 +119,238 -3,100
Secret Service.........
Appropriations...... (1,279,158) (1,398,996) (1,395,896) (+116,738) (-3,100)
Rescission.......... (-2,500) ................. ................ (+2,500) ................
=========================================================================================================================
Total, title II, 25,130,331 26,415,592 26,914,220 +1,783,889 +498,628
Security, Enforcement,
and Investigations
(including transfers).. Appropriations...... (23,490,036) (26,464,379) (26,971,007) (+3,480,971) (+506,628)
Emergency (1,807,000) ................. ................ (-1,807,000) ................
appropriations.....
Rescission.......... (-172,005) (-48,787) (-56,787) (+115,218) (-8,000)
by transfer......... (7,300) ................. ................ (-7,300) ................
transfer out........ (-2,000) ................. ................ (+2,000) ................
(Fee Accounts)...... (1,593,681) (1,701,026) (1,701,026) (+107,345) ................
=========================================================================================================================
TITLE III--PROTECTION,
PREPAREDNESS, RESPONSE AND
RECOVERY National Protection and
ProgramsManagement and administration:
Administrative activities. 37,812 46,290 30,000 -7,812 -16,290
Risk management and ................ ................. ................ ................ ................
analysis.................
-------------------------------------------------------------------------------------------------------------------------
Total, Management and 37,812 46,290 30,000 -7,812 -16,290
administration.........Infrastructure Protection and 54,580 ................. ................ -54,580 ................
Information Security
Management and administration
Infrastructure protection:
Indentification and 69,064 68,970 74,522 +5,458 +5,552
analysis.............
Coordination and 80,772 57,821 54,930 -25,842 -2,891
information sharing..
Mitigation programs... 74,991 108,793 118,353 +43,362 +9,560
Risk analysis......... 2,316 4,532 4,305 +1,989 -227
-------------------------------------------------------------------------------------------------------------------------
Total, 227,143 240,116 252,110 +24,967 +11,994
Infrastructure
protection......... Cyber security............ 92,000 97,688 92,000 ................ -5,688
Office of Emergency 17,000 35,700 45,915 +28,915 +10,215
Communications...........
National Security/
Emergency Preparedness
Telecommunications:
Priority 105,568 82,821 78,680 -26,888 -4,141
telecommunications...
Next generation 14,080 52,064 30,000 +15,920 -22,064
networks.............
Programs to study and 14,125 16,733 15,896 +1,771 -837
enhance
telecommunications...
Critical 8,341 10,905 10,360 +2,019 -545
infrastructure
protection...........
Risk analysis......... 1,158 2,250 2,138 +980 -112
-------------------------------------------------------------------------------------------------------------------------
Total, National 143,272 164,773 137,074 -6,198 -27,699
Security/Emergency
Preparedness
Telecommunications.
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 533,995 538,277 527,099 -6,896 -11,178
Infrastructure
Protection and
Information
Security...........U.S. Visitor and Immigrant 362,494 462,000 362,000 -494 -100,000
Status Indicator Technology..
=========================================================================================================================
Total, National 934,301 1,046,567 919,099 -15,202 -127,468
Protection and Programs
=========================================================================================================================
Office of Health AffairsChief Medical Officer......... 4,980 ................. ................ -4,980 ................
Biowatch...................... 78,120 79,108 79,108 +988 ................
National biosurveillence 8,000 8,000 8,000 ................ ................
integration system...........
Rapidly deployable chemical 2,600 2,600 2,600 ................ ................
detection system.............
Planning and coordination..... ................ 4,475 4,475 +4,475 ................
Salaries and expenses......... 5,598 23,750 20,817 +15,219 -2,933
-------------------------------------------------------------------------------------------------------------------------
Total, Office of Health 99,298 117,933 115,000 +15,702 -2,933
Affairs................ Federal Emergency Management
AgencyManagement and administration:
Operations activities..... 219,000 420,020 426,020 +207,020 +6,000
Management activities..... 282,000 216,580 216,580 -65,420 ................
Urban search and rescue 25,000 25,000 30,000 +5,000 +5,000
teams....................
Office of National Capitol 2,741 6,000 6,000 +3,259 ................
Region Coordination......
National Preparedness 6,459 ................. ................ -6,459 ................
Integration Program......
(transfer from Disaster ................ (48,000) (48,000) (+48,000) ................
relief)..................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Management and 535,200 715,600 726,600 +191,400 +11,000
administration
(including transfers)..
by transfer......... ................ (48,000) (48,000) (+48,000) ................
Appropriations...... (535,200) (667,600) (678,600) (+143,400) (+11,000)
(Non-defense (479,360) (618,360) (589,670) (+110,310) (-28,690)
appropriations)
(Defense 55,840 49,240 88,930 +33,090 +39,690
appropriations) State and Local AssistanceState and Local Programs:
State grants:
State Homeland 525,000 250,000 525,000 ................ +275,000
Security Grant
Program..............
Law enforcement 375,000 ................. 375,000 ................ +375,000
terrorism prevention
grants...............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, State 900,000 250,000 900,000 ................ +650,000
grants............. Discretionary grants:
UASI: High-threat, 770,000 800,000 820,000 +50,000 +20,000
high-density urban
area.................
Regional catastrophic ................ ................. 50,000 +50,000 +50,000
preparedness grants..
Buffer Zone Protection 50,000 50,000 50,000 ................ ................
Program..............
Port security grants.. 210,000 210,000 400,000 +190,000 +190,000
Rail and transit 175,000 175,000 400,000 +225,000 +225,000
security grants......
Trucking security 12,000 9,000 16,000 +4,000 +7,000
grants...............
Intercity bus security 12,000 12,000 12,000 ................ ................
grants...............
Metropolitan Medical 33,000 ................. 33,000 ................ +33,000
Response System
grants...............
Citizen Corps grants.. 15,000 15,000 15,000 ................ ................
REAL ID grants........ ................ ................. ................ ................ ................
Interoperable ................ ................. ................ ................ ................
communications grants
Commercial equipment 50,000 ................. 40,000 -10,000 +40,000
direct assistance
program..............
-------------------------------------------------------------------------------------------------------------------------
Subtotal, 1,327,000 1,271,000 1,836,000 +509,000 +565,000
Discretionary
grants............. National Programs:
National Domestic 88,000 38,000 88,000 ................ +50,000
Preparedness
Consortium...........
Center for Domestic 57,000 48,500 57,000 ................ +8,500
Preparedness.........
Noble Training Center. 5,500 5,500 5,500 ................ ................
National exercise 49,000 50,000 50,000 +1,000 ................
program..............
Technical assistance.. 6,000 6,000 14,000 +8,000 +8,000
Demonstration/ 61,000 ................. 30,000 -31,000 +30,000
Competitive..........
Continuing training ................ 3,000 31,000 +31,000 +28,000
grants...............
Evaluations and 19,000 19,000 19,000 ................ ................
assessments..........
Rural Domestic 12,000 ................. ................ -12,000 ................
Preparedness
Consortium...........
------------------------------------------------------------------------------------------------------------------------- Subtotal, National 297,500 170,000 294,500 -3,000 +124,500
Programs........... Management and ................ 5,000 ................ ................ -5,000
administration.......
-------------------------------------------------------------------------------------------------------------------------
Subtotal, State and 2,524,500 1,696,000 3,030,500 +506,000 +1,334,500
Local Programs.....Firefighter assistance grants:
Fire grants............... 547,000 300,000 560,000 +13,000 +260,000
Staffing for Adequate Fire 115,000 ................. 140,000 +25,000 +140,000
and Emergency Response
(SAFER) Act grants.......
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Firefighter 662,000 300,000 700,000 +38,000 +400,000
Assistance grants......Emergency management 200,000 200,000 300,000 +100,000 +100,000
performance grants...........
-------------------------------------------------------------------------------------------------------------------------
Subtotal, State and 3,386,500 2,196,000 4,030,500 +644,000 +1,834,500
Local Assistance.......Radiological Emergency -477 -505 -505 -28 ................
Preparedness Program.........United States Fire 41,349 43,300 43,300 +1,951 ................
Administration...............Public health programs........ 33,885 ................. ................ -33,885 ................Disaster relief............... 1,500,000 1,700,000 1,700,000 +200,000 ................
(transfer to Management ................ (-48,000) (-48,000) (-48,000) ................
and administration)......
(transfer to Inspector (-13,500) ................. (-13,500) ................ (-13,500)
General).................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Disaster 1,486,500 1,652,000 1,638,500 +152,000 -13,500
Relief.................Disaster assistance direct
loan program account:
(Limitation on direct (25,000) (25,000) (25,000) ................ ................
loans)...................
Direct loan subsidy....... ................ 295 295 +295 ................
Administrative expenses... 569 580 580 +11 ................Flood map modernization fund.. 198,980 194,881 200,000 +1,020 +5,119National flood insurance fund:
Salaries and expenses..... 38,230 45,642 45,642 +7,412 ................
Flood hazard mitigation... 90,358 99,358 99,358 +9,000 ................
Offsetting fee collections -128,588 -145,000 -145,000 -16,412 ................
Transfer to National flood (-31,000) (-34,000) (-34,000) (-3,000) ................
mitigation fund..........National flood mitigation fund (31,000) (34,000) (34,000) (+3,000) ................
(by transfer)................
National pre-disaster 100,000 100,053 120,000 +20,000 +19,947
mitigation fund..............
Emergency food and shelter.... 151,470 140,000 153,000 +1,530 +13,000
-------------------------------------------------------------------------------------------------------------------------
Total, Federal Emergency 5,933,976 5,042,204 6,912,270 +978,294 +1,870,066
Management Agency
(including transfers)..
Appropriations.. (5,947,476) (5,042,204) (6,925,770) (+978,294) (+1,883,566)
by transfer..... (31,000) (82,000) (82,000) (+51,000) ................
transfer out.... (-44,500) (-82,000) (-95,500) (-51,000) (-13,500)
(Limitation on (25,000) (25,000) (25,000) ................ ................
direct loans)......Rescission, Counter Terrorism -16,000 ................. ................ +16,000 ................
Fund.........................
=========================================================================================================================
Total, title III, 6,951,575 6,206,704 7,946,369 +994,794 +1,739,665
Protection,
Preparedness, Response
and Recovery (including
transfers).............
Appropriation... 6,981,075 6,206,704 7,959,869 +978,794 +1,753,165
Rescission...... (-16,000) ................. ................ (+16,000) ................
By transfer..... (31,000) (82,000) (82,000) (+51,000) ................
Transfer out.... (-44,500) (-82,000) (-95,500) (-51,000) (-13,500)
(Limitation on (25,000) (25,000) (25,000) ................ ................
direct loans)......
=========================================================================================================================
TITLE IV--RESEARCH AND
DEVELOPMENT, TRAINING, AND
SERVICES U.S. Citizenship and
Immigration ServicesBusiness transformation....... 47,000 ................. ................ -47,000 ................
Systematic Alien Verification 21,100 ................. ................ -21,100 ................
for Entitlements (SAVE)......
Employment Eligibility 113,890 30,000 30,000 -83,890 ................
Verification (EEV) program...
FBI background check.......... ................ ................. 20,000 +20,000 +20,000
Benefit parole programs....... ................ ................. 523 +523 +523
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Citizenship 181,990 30,000 50,523 -131,467 +20,523
and Immigration
Services...............Adjudication services (fee
account):
Pay and benefits.......... (624,600) (763,962) (763,962) (+139,362) ................
District operations....... (385,400) (551,701) (551,701) (+166,301) ................
Service center operations. (267,000) (354,527) (354,527) (+87,527) ................
Asylum, refugee and (75,000) (91,120) (91,120) (+16,120) ................
international operations.
Records operations........ (67,000) (80,589) (80,589) (+13,589) ................
Business transformation... ................ (139,000) (139,000) (+139,000) ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Adjudication (1,419,000) (1,980,899) (1,980,899) (+561,899) ................
services...............Information and customer
services (fee account):
Pay and benefits.......... (81,000) (93,132) (93,132) (+12,132) ................
Operating expenses:
National Customer (48,000) (49,357) (49,357) (+1,357) ................
Service Center.......
Information services.. (15,000) (19,375) (19,375) (+4,375) ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, (144,000) (161,864) (161,864) (+17,864) ................
Information and
customer services..Administration (fee account):
Pay and benefits.......... (45,000) (79,268) (79,268) (+34,268) ................
Operating expenses........ (196,000) (295,289) (295,289) (+99,289) ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Administration (241,000) (374,557) (374,557) (+133,557) ................Systematic Alien Verification ................ (21,552) (21,552) (+21,552) ................
for Entitlements (SAVE) (fee
accounts)....................
=========================================================================================================================
Total, U.S. Citizenship (1,985,990) (2,568,872) (2,589,395) (+603,405) (+20,523)
and Immigration
Services...............
Appropriations...... (181,990) (30,000) (50,523) (-131,467) (+20,523)
Total Fees.......... (1,804,000) (2,538,872) (2,538,872) (+734,872) ................
(Immigration (1,760,000) (2,494,872) (2,494,872) (+734,872) ................
Examination Fee
Account)...........
(Fraud prevention (31,000) (31,000) (31,000) ................ ................
and detection fee
account)...........
(H1B Non-Immigrant (13,000) (13,000) (13,000) ................ ................
Petitioner fee
account)...........
=========================================================================================================================
Federal Law Enforcement
Training CenterSalaries and expenses:
Law enforcement training.. 209,743 219,786 219,786 +10,043 ................
Accreditation............. 1,290 ................. 1,290 ................ +1,290
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and 211,033 219,786 221,076 +10,043 +1,290
expenses...............Acquisition, Construction,
Improvements, and Related
expenses:
Direct appropriation...... 42,246 43,270 44,470 +2,224 +1,200
Construction (emergency).. 22,000 ................. ................ -22,000 ................
-------------------------------------------------------------------------------------------------------------------------
Subtotal................ 64,246 43,270 44,470 -19,776 +1,200
-------------------------------------------------------------------------------------------------------------------------
Total, Federal Law 275,279 263,056 265,546 -9,733 +2,490
Enforcement Training
Center.................
Appropriations...... (253,279) (263,056) (265,546) (+12,267) (+2,490)
Emergency (22,000) ................. ................ (-22,000) ................
appropriations.....
=========================================================================================================================
Science and TechnologyManagement and administration. 134,000 142,632 140,632 +6,632 -2,000Research, development,
acquisition, and operations:
Borders and maritime...... 33,436 25,936 25,479 -7,957 -457
Chemical and biological... 229,453 228,949 216,038 -13,415 -12,911
Command, control and 57,612 63,600 61,763 +4,151 -1,837
interoperability.........
Explosives................ 105,231 63,749 81,726 -23,505 +17,977
Human factors............. 6,800 12,600 6,706 -94 -5,894
Infrastructure and 74,781 24,000 64,000 -10,781 +40,000
geophysical..............
Innovation................ 38,000 59,900 46,000 +8,000 -13,900
Laboratory facilities..... 105,649 88,814 103,814 -1,835 +15,000
Test and evaluation/ 25,432 25,520 24,219 -1,213 -1,301
standards................
Transition................ 24,040 24,700 23,901 -139 -799
University programs....... 48,575 38,700 38,718 -9,857 +18
Homeland Security
Institute:
Non-add............... (10,000) (10,000) ................ (-10,000) (-10,000)
Appropriation......... ................ ................. 5,000 +5,000 +5,000
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Research, 749,009 656,468 697,364 -51,645 +40,896
development,
acquisition, and
operations.........
(Non-defense (453,009) (481,468) (522,364) (+69,355) (+40,896)
related
appropriations)
(Defense related (296,000) (175,000) (175,000) (-121,000) ................
appropriations)Rescission of unobligated -125,000 ................. ................ +125,000 ................
balances.....................
=========================================================================================================================
Total, Science and 758,009 799,100 837,996 +79,987 +38,896
Technology.............
=========================================================================================================================
Domestic Nuclear Detection
OfficeManagement and administration. 30,468 34,000 32,000 +1,532 -2,000Research, development, and
operations:
Systems engineering and 26,500 25,100 22,400 -4,100 -2,700
architecture.............
Systems development....... 99,500 108,100 132,100 +32,600 +24,000
Transformational research 72,600 100,000 100,000 +27,400 ................
and development..........
Assessments............... 25,600 32,000 32,000 +6,400 ................
Operational support....... 35,000 37,800 34,500 -500 -3,300
National Technical Nuclear 13,300 16,900 15,000 +1,700 -1,900
Forensics Center.........
-------------------------------------------------------------------------------------------------------------------------
Research, development, 272,500 319,900 336,000 +63,500 +16,100
and operations.........Systems acquisition:
Radiation Portal Monitors/ 165,500 171,500 144,000 -21,500 -27,500
Advanced Spectroscopic
Portal Program...........
Securing the Cities....... ................ 30,000 25,000 +25,000 -5,000
Human Portal Radiation 12,500 6,500 13,000 +500 +6,500
Detection System Program.
-------------------------------------------------------------------------------------------------------------------------
Subtotal, Systems 178,000 208,000 182,000 +4,000 -26,000
acquisition............
-------------------------------------------------------------------------------------------------------------------------
Total, Domestic Nuclear 480,968 561,900 550,000 +69,032 -11,900
Detection Office.......
=========================================================================================================================
Total, title IV, 1,696,246 1,654,056 1,704,065 +7,819 +50,009
Research and
Development, Training,
and Services...........
Appropriations.. (1,799,246) (1,654,056) (1,704,065) (-95,181) (+50,009)
Emergency (22,000) ................. ................ (-22,000) ................
appropriations.
(Fee Accounts)...... (1,804,000) (2,538,872) (2,538,872) (+734,872) ................
=========================================================================================================================
TITLE V--GENERAL PROVISIONS
Sec. 522 Rescission of ................ ................. -45,000 -45,000 -45,000
unobligated balances.........
Sec. 533 Citizenship and ................ ................. ................ ................ ................
Immigration services (CBO)...
-------------------------------------------------------------------------------------------------------------------------
Total, title V, General ................ ................. -45,000 -45,000 -45,000
Provisions.............
=========================================================================================================================
Grand total............. 34,797,323 35,373,333 37,623,424 +2,826,101 +2,250,091
Appropriations.. (33,281,328) (35,422,120) (37,725,211) (+4,443,883) (+2,303,091)
Emergency (1,829,000) ................. ................ (-1,829,000) ................
appropriations.
Rescissions..... (-313,005) (-48,787) (-101,787) (+211,218) (-53,000)
Fee funded (3,397,681) (4,239,898) (4,239,898) (+842,217) ................
programs.......
(Limitation on (25,000) (25,000) (25,000) ................ ................
direct loans)......
(Transfer out)...... (-51,800) (-82,000) (-95,500) (-43,700) (-13,500)
(By transfer)....... (51,800) (82,000) (95,500) (+43,700) (+13,500)
--------------------------------------------------------------------------------------------------------------------------------------------------------
