S. Rept. 112-74 - DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2012112th Congress (2011-2012)
Committee Report
| Report Type: | Senate Report |
|---|---|
| Accompanies: | H.R.2017 |
| Committees: |
Reports for H.R.2017
S. Rept. 112-74 - 112th Congress (2011-2012)
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Senate Report 112-74 - DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2012
[Senate Report 112-74]
[From the U.S. Government Publishing Office]
Calendar No. 156
112th Congress Report
SENATE
1st Session 112-74
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2012
_______
September 7, 2011.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany H.R. 2017]
The Committee on Appropriations, to which was referred the
bill (H.R. 2017) making appropriations for the Department of
Homeland Security for the fiscal year ending September 30,
2012, and for other purposes, reports the same to the Senate
with an amendment and recommends that the bill as amended do
pass.
Total obligational authority, fiscal year 2012
Total of bill as reported to the Senate\1\ \2\ \3\ \6\.. $46,898,157,000
Amount of 2011 appropriations\4\........................ 43,321,245,000
Amount of 2012 budget estimate\1\ \2\ \5\............... 45,015,556,000
Amount of House allowance............................... 41,789,835,000
Bill as recommended to Senate compared to--
2011 appropriations................................. +3,576,912,000
2012 budget estimate................................ +1,882,601,000
House allowance..................................... +5,108,322,000
\1\Includes $103,387,000 in rescissions, compared to $41,942,000 of
proposed cancellations.
\2\Includes a permanent indefinite appropriation of $261,871,000 for the
Coast Guard healthcare fund contribution.
\3\Includes $258,000,000 for the Coast Guard for the costs of overseas
contingency operations.
\4\Includes rescissions totaling $556,907,000 pursuant to Public Law
112-10. Includes permanent indefinite appropriation of $265,321,000 for
the Coast Guard healthcare fund contribution. Includes $254,000,000 for
the Coast Guard for the costs of overseas deployments and other
activities.
\5\Excludes up to $258,278,000 for Coast Guard overseas contingency
operations requested in Department of Defense ``Operation and
Maintenance, Navy''.
\6\Includes $4,200,000,000 for the FEMA Disaster Relief Fund designated
by Congress as disaster relief pursuant to Public Law 112-25.
CONTENTS
----------
DEPARTMENT OF HOMELAND SECURITY
Page
Overview and Summary of the Bill................................. 5
Title I:
Departmental Management and Operations:
Office of the Secretary and Executive Management......... 10
Office of the Under Secretary for Management............. 15
Office of the Chief Financial Officer.................... 20
Office of the Chief Information Officer.................. 23
Analysis and Operations.................................. 25
Office of Inspector General.............................. 26
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Salaries and Expenses................................ 29
Automation Modernization............................. 43
Border Security Fencing, Infrastructure, and
Technology......................................... 43
Air and Marine Interdiction, Operations, Maintenance,
and Procurement.................................... 45
Construction and Facilities Management............... 48
U.S. Immigration and Customs Enforcement:
Salaries and Expenses................................ 51
Automation Modernization............................. 62
Construction......................................... 63
Transportation Security Administration:
Aviation Security.................................... 64
Surface Transportation Security...................... 74
Transportation Threat Assessment and Credentialing... 76
Transportation Security Support...................... 78
Federal Air Marshals................................. 81
Coast Guard:
Operating Expenses................................... 82
Environmental Compliance and Restoration............. 91
Reserve Training..................................... 92
Acquisition, Construction, and Improvements.......... 92
Research, Development, Test, and Evaluation.......... 100
Retired Pay.......................................... 101
United States Secret Service:
Salaries and Expenses................................ 101
Acquisition, Construction, Improvements, and Related
Expen-
ses................................................ 104
Title III:
Protection, Preparedness, Response, and Recovery:
National Protection and Programs Directorate:
Management and Administration........................ 105
Infrastructure Protection and Information Security... 107
Federal Protective Service........................... 112
United States Visitor and Immigrant Status Indicator
Technology......................................... 113
Office of Health Affairs................................. 115
Federal Emergency Management Agency:
Operating Expenses................................... 118
State and Local Programs............................. 129
Firefighter Assistance Grants........................ 134
Emergency Management Performance Grants.............. 135
Radiological Emergency Preparedness Program.......... 135
United States Fire Administration.................... 136
Disaster Relief Fund................................. 136
Disaster Assistance Direct Loan Program Account...... 138
Flood Hazard Mapping and Risk Analysis............... 138
National Flood Insurance Fund........................ 139
National Predisaster Mitigation Fund................. 140
Emergency Food and Shelter........................... 141
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services....... 142
Federal Law Enforcement Training Center:
Salaries and Expenses................................ 145
Acquisitions, Construction, Improvements, and Related
Expenses........................................... 146
Science and Technology:
Management and Administration........................ 146
Research, Development, Acquisition, and Operations... 147
Domestic Nuclear Detection Office:
Management and Administration........................ 151
Research, Development, and Operations................ 152
Systems Acquisition.................................. 154
Title V: General Provisions...................................... 156
Program, Project, and Activity................................... 163
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 164
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 164
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 165
Budgetary Impact of Bill......................................... 171
Comparative Statement of New Budget Authority.................... 172
OVERVIEW AND SUMMARY OF THE BILL
------------------------------------------------------------------------
Fiscal year
Fiscal year 2012\1\ \2\ \3\
2012\1\ \2\ \4\ \5\ Committee
request recommendation
------------------------------------------------------------------------
Title I--Departmental Management $1,231,644,000 $1,155,904,000
and Operations...................
Title II--Security, Enforcement, 33,196,186,000 33,108,434,000
and Investigations...............
Title III--Protection, 8,218,392,000 11,193,890,000
Preparedness, Response, and
Recovery.........................
Title IV--Research and 2,154,061,000 1,461,337,000
Development, Training, and
Services.........................
Title V--General Provisions....... 215,273,000 -21,408,000
-------------------------------------
Total, new budget 45,015,556,000 46,898,157,000
(obligational authority)...
------------------------------------------------------------------------
\1\Includes $103,387,000 in rescissions, compared to $41,942,000 of
proposed cancellations.
\2\Includes permanent indefinite appropriation of $261,871,000 for the
Coast Guard healthcare fund contribution.
\3\Includes $258,000,000 for the Coast Guard for the costs of overseas
contingency operations.
\4\Excludes up to $258,278,000 for Coast Guard overseas contingency
operations requested in Department of Defense ``Operation and
Maintenance, Navy''.
\5\Includes $4,200,000,000 for the FEMA Disaster Relief Fund designated
by Congress as disaster relief pursuant to Public Law 112-25.
The Committee recommends total appropriations of
$46,898,157,000 for the Department of Homeland Security for
fiscal year 2012, $1,882,601,000 more than the budget request.
Of this amount, $45,458,000,000, including $258,000,000 for
Coast Guard overseas contingency operations and $4,200,000,000
for the FEMA Disaster Relief Fund designated by Congress as
disaster relief pursuant to Public Law 112-25, is for
discretionary programs.
The Committee recommends discretionary appropriations,
excluding Coast Guard overseas contingency operations and the
FEMA Disaster Relief Fund adjustment, of $41,000,000,000,
$666,545,000 below fiscal year 2011 and $2,533,457,000 below
the President's request.
Overview
Recent events have served to highlight the significant and
evolving threats to America's homeland. The death of Osama bin
Laden, a historic accomplishment, could inspire new attacks,
including acts by homegrown terrorists. The Fort Hood shooting
was committed by a United States citizen. The New York City
subway bomb plot was organized by a legal resident alien. The
Times Square bombing attempt was precipitated by a naturalized
citizen.
In the 2011 State of the Union Address, the President
stated that al Qaeda and its affiliates continue to plan
attacks against us. He stressed that extremists are trying to
inspire acts of violence by those within our borders. According
to the Attorney General, in the last 2 years, 126 individuals
have been indicted for terrorist-related activities, including
50 United States citizens.
In addition, threats from abroad continue to be a serious
concern, as evidenced by the 2009 Christmas Day bomb plot and
the October 2010 air cargo bombing attempt. The Homeland
Security Secretary has testified that the threat of a terrorist
attack is as high as it has been since September 11, 2001.
We face persistent cybersecurity threats from individuals,
sophisticated criminal organizations, and nation states, that
desire to do us harm. Violence in Mexico is at unprecedented
levels and many are concerned that the violence will cross the
border. In addition to these threats, natural disasters
continue to have a significant impact on cities and rural
communities. The Department of Homeland Security must prepare
for and respond to such natural disasters. Since January 1,
2011, the President has issued disaster declarations in 47
States.
The Department of Homeland Security seeks to mature and
strengthen homeland security at all levels of government, the
private sector, and our citizenry. As we approach the 10th
anniversary of the attacks of 9/11, the 9th anniversary of the
establishment of the Department of Homeland Security, and the
recent 6th anniversary of Hurricanes Katrina and Rita, it is
critical that the Nation develop and maintain a constant,
capable, and vigilant posture to protect ourselves against
existing and evolving threats. The Department must also ensure
that all levels of government and the private sector
effectively prepare for and respond to natural disasters.
In addition, the Department must effectively carry out its
many statutory responsibilities, including securing our
borders, enforcing our immigration laws, facilitating trade,
protecting our currency, securing cyber systems, combating drug
trafficking, securing the aviation sector and other modes of
transportation, and promoting the safety of life and property
at sea. In carrying out such missions in fiscal year 2010, the
Department of Homeland Security:
COAST GUARD
--Responded to 22,220 search and rescue incidents, saving
4,329 lives and protecting $87,000,000 in property;
--Interdicted 2,088 undocumented migrants attempting to
illegally enter the United States;
--Removed 202,439 pounds of cocaine and 36,739 pounds of
marijuana bound for the United States; seized 56
vessels, and detained 229 suspected drug smugglers;
--Conducted 1,300 escorts of naval vessels to ensure their
safe transit through U.S. waterways;
--Conducted 52,018 waterborne patrols to protect Critical
Infrastructure and Key Resources; and
--Performed over 14,800 inspections at facilities to ensure
compliance, identifying over 5,400 deficiencies of
safety, security, and environmental protection
regulations.
U.S. CUSTOMS AND BORDER PROTECTION [CBP]
--CBP officers at more than 330 ports of entry inspected 352
million travelers and more than 105.8 million cars,
trucks, buses, trains, vessels and aircraft;
--Nationwide, Border Patrol apprehensions of illegal aliens
decreased from nearly 724,000 in fiscal year 2008 to
approximately 463,382 in fiscal year 2010, a 36 percent
reduction, indicating that, as a result of increased
enforcement and restrained economic conditions, fewer
people are attempting to illegally cross the border;
--CBP Agriculture Specialists seized more than 1.7 million
prohibited plant materials, meat, and animal byproducts
in fiscal year 2010, a 9.5 percent increase in seizures
compared to fiscal year 2009; and
--CBP seized $147,000,000 in currency (inbound and outbound)
at and between U.S. ports of entry--a more than 30
percent increase from last fiscal year;
--CBP seized a total of 4,147,008 pounds of narcotics;
--CBP deployed 17 new Mobile Non-Intrusive Inspection Systems
and 22 additional large-scale Non-Intrusive Inspection
[NII] technology imaging systems. The large-scale
systems were used to conduct over 7.3 million
examinations at ports of entry that resulted in over
1,300 seizures, including 288,000 pounds of narcotics.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT [ICE]:
--Initiated 126,425 new investigations;
--Made over 25,141 criminal arrests;
--Removed approximately 400,000 illegal aliens;
--Seized $422,600,000 in currency and monetary instruments;
--Seized nearly 1.9 million pounds of narcotics and other
dangerous drugs;
--Seized $126,100,000 of contraband and other illegal
merchandise; and
--Responded to 1,133,130 inquiries and calls for assistance
from other Federal, State and local law enforcement
agencies through ICE's Law Enforcement Support Center.
UNITED STATES SECRET SERVICE
--Secret Service protective details and field agents ensured
100 percent incident-free protection for 5,906 domestic
travel stops and 515 international travel stops.
--Foreign dignitary protection reached a record 2,495 travel
stops, including visits by 236 heads of state and
government, and 107 spouses from over 147 countries.
--Dignitary protection also included security operations for
the Nuclear Security Summit in April 2010 and the 65th
anniversary of the United Nations General Assembly in
September 2010.
--Additionally, the protective mission was supported through
the completion of 7,726 protective surveys.
--In the area of criminal investigations, Secret Service
field offices closed a total of 9,137 cases in fiscal
year 2010, an increase of 7.8 percent over fiscal year
2009. These cases led to a reported 8,930 arrests.
--Additionally, the Secret Service continued to strengthen
its partnerships with U.S. Attorney offices, sustaining
a high conviction rate of 94.7 percent for all referred
cases.
--The Secret Service's longstanding investigative priority of
combating financial crime led to an estimated
$13,500,000,000 in potential losses prevented, of which
$6,950,000,000 involved cyber crimes.
--Building on these successes, the number of financial crime
cases closed increased 7.1 percent from fiscal year
2009 levels, and resulted in 5,589 arrests, reflecting
of the Secret Service's ability to adapt to emerging
financial and cyber crime threats.
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES [USCIS]:
--Completed more than 677,000 naturalization applications;
--Processed more than 16.4 million employment verification
queries through E-Verify;
--Naturalized more than 11,000 military service members and
qualified family members;
--Interviewed more than 95,000 refugee applicants;
--Processed more than 28,000 asylum applications; and
--Maintained an average processing time for naturalization
applications of approximately 4.5 months.
TRANSPORTATION SECURITY ADMINISTRATION [TSA]
--Screened more than 628 million people and more than 425
million checked bags;
--Prevented passengers from bringing more than 863 firearms
onto planes;
--Conducted 7,679 Visible Intermodal Prevention and Response
[VIPR] operations at increased-risk locations
nationwide: 3,895 in surface modes and 3,784 in
aviation modes; and
--Deployed 617 canine teams to 78 airports to screen air
cargo.
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE [NPPD]
--Handled more than 107,000 cyber security incidents through
the U.S.-Computer Emergency Readiness Team and 4
million cybersecurity incidents in the Federal
Government. This generated 5,000 security products for
the general public and 500 for Federal departments and
agencies. The US-CERT provides in-depth detection,
tracking, and mitigation of cybersecurity threats 24
hours a day, 365 days a year;
--Responded to more than 135 requests for technical
assistance which is provided to all 56 States and U.S.
territories to align State and national communications
systems for use during disasters;
--Conducted six region-wide assessments to identify and
mitigate vulnerabilities to interdependent critical
infrastructure in major metropolitan areas;
--Provided security at more than 9,000 Federal facilities,
including conducting 1,000 facility security
assessments.
FEDERAL EMERGENCY MANAGEMENT AGENCY [FEMA]
--Supported disaster response and recovery for major
disasters, including 81 presidentially declared
disasters in assisting 41 States;
--Managed deployment of the 28 National Urban Search and
Rescue Teams. All 28 teams were deployed during
Hurricane Katrina, and all, or portions, of the USAR
teams were deployed 16 times in 2010.
OFFICE OF THE INSPECTOR GENERAL [OIG]
--The OIG issued approximately 125 management audit reports,
including 50 financial assistance grant reports. The
audits identified over $100,000,000 of questioned
costs, of which nearly $30,000,000 was determined to be
unsupported. The OIG recovered $15,000,000 as a result
of identifying disallowed costs in prior audit reports
and investigations. In addition, the OIG identified
over $65,000,000 in funds put to better use;
--OIG investigations resulted in approximately 350 arrests,
275 indictments, 270 convictions and 125 personnel
actions. In addition the Office of Investigations
closed 1,150 investigations and 13,000 complaints and
initiated 1,400 new investigations and 915 reports; and
--Investigative recoveries, fines, restitutions and cost
savings totaled $124,300,000.
FEDERAL LAW ENFORCEMENT TRAINING CENTER [FLETC]
--FLETC facilities provided basic and some advanced training
to approximately 65,000 law enforcement agents from 90
Federal agencies; and
--The Rural Policing Institute trained over 5,000 State,
local, campus and tribal law enforcement officers in
locations throughout the United States and Indian
Country through distance learning, with plans to
increase each year.
References
This report refers to several Public Laws by short title as
follows: American Recovery and Reinvestment Act of 2009, Public
Law 111-5, is referenced as ARRA; Implementing Recommendations
of the 9/11 Commission Act of 2007, Public Law 110-53, is
referenced as the 9/11 Act; Security and Accountability for
Every Port Act of 2006, Public Law 109-347, is referenced as
the SAFE Port Act; Robert T. Stafford Disaster Relief and
Emergency Assistance Act, Public Law 93-288, is referenced as
the Stafford Act; and Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law 108-458, is referenced as
the Intelligence Reform Act.
Any reference in this report to the Secretary shall be
interpreted to mean the Secretary of Homeland Security.
Any reference to the Department or DHS shall be interpreted
to mean the Department of Homeland Security.
Any reference in this report to a departmental component
shall be interpreted to mean directorates, components,
agencies, offices, or other organizations in the Department.
Any reference to ``full-time equivalents'' shall be
referred to as FTE.
Any reference to ``program, project, and activity'' shall
be referred to as PPA.
Any reference to a ``Homeland Security Presidential
Directive'' shall be referred to as HSPD.
Any reference to ``Government Accountability Office'' shall
be referred to as GAO.
Any reference to the ``Office of Inspector General'' of the
Department of Homeland Security shall be referenced to as OIG.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriations, 2011.................................... $136,544,000
Budget estimate, 2012................................... 142,533,000
House allowance......................................... 62,350,000
Committee recommendation................................ 135,433,000
The Office of the Secretary and Executive Management
supports the Department by providing direction, management, and
policy guidance to operating components. The specific
activities funded by this account include: the Immediate Office
of the Secretary; the Immediate Office of the Deputy Secretary;
the Office of the Chief of Staff; the Office of
Counternarcotics Enforcement; the Office of the Executive
Secretary; the Office of Policy; the Office of Public Affairs;
the Office of Legislative Affairs; the Office of the General
Counsel; the Office for Civil Rights and Civil Liberties; the
Citizenship and Immigration Services Ombudsman; the Office of
Intergovernmental Affairs; and the Privacy Office.
COMMITTEE RECOMMENDATION
The Committee recommends $135,433,000 for the Office of the
Secretary and Executive Management, $1,111,000 below the fiscal
year 2011 level and $7,100,000 below the request level. This
reduction is necessary to sustain critical activities within
the Department's operating components and make necessary
investments to address known gaps and vulnerabilities. The
recommendation includes requested reductions for efficiencies,
contract support, and administrative savings. The Committee
includes a program increase for the Office for Civil Rights and
Civil Liberties [OCRCL] to improve oversight of immigration
enforcement programs. The Committee directs that a briefing be
provided not later than 30 days after the OCRCL completes the
initial review of these programs, including its findings and
recommendations. This briefing should be conducted jointly by
OCRCL and ICE officials.
The specific levels recommended by the Committee as
compared to the fiscal year 2011 and budget request levels are
as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2012 budget Committee
2011 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary............................ 4,641 5,164 5,000
Immediate Office of the Deputy Secretary..................... 2,674 1,918 1,918
Office of the Chief of Staff................................. 2,572 2,802 2,600
Office of Counternarcotics Enforcement....................... 2,997 3,814 2,130
Office of the Executive Secretary............................ 8,104 8,402 8,100
Office of Policy............................................. 41,133 42,423 40,000
Office of Public Affairs..................................... 6,368 6,419 6,370
Office of Legislative Affairs................................ 6,698 6,341 6,340
Office of Intergovernmental Affairs.......................... 2,632 2,908 2,650
Office of General Counsel.................................... 23,762 22,422 22,422
Office for Civil Rights and Civil Liberties.................. 20,367 24,613 23,000
Citizenship and Immigration Services Ombudsman............... 6,188 6,336 6,300
Privacy Officer.............................................. 8,408 8,971 8,603
--------------------------------------------------
Total, Office of the Secretary and Executive Management 136,544 142,533 135,433
----------------------------------------------------------------------------------------------------------------
COORDINATION OF FEDERAL CHEMICAL SECURITY EFFORTS
The Committee understands that the National Protection and
Program's Directorate's [NPPD's] Office of Infrastructure
Protection [IP] and the Coast Guard continue to work toward
harmonization of chemical security responsibilities established
by Chemical Facilities Anti-Terrorism Standards [CFATS]
regulations and Maritime Transportation Security Act [MTSA]
regulatory programs. A comprehensive regulatory review of the
respective security regimes has been completed and both
components are working toward a Memorandum of Understanding
[MOU] to enable sharing of data and sharing of risk
methodologies between NPPD's Infrastructure Security Compliance
Division's Chemical Security Assessment Tool and the Coast
Guard's Maritime Security Risk Analysis Model. The Committee
expects the execution of this MOU will be completed in the fall
of 2011. The Deputy Secretary is directed to continue quarterly
reporting to the Committee on these matters. The reports shall
include an update on: the development of a more comprehensive
picture of security issues at the Nation's chemical facilities;
whether regulatory gaps exist that may pose an unacceptable
security risk; and the identification and elimination of
redundancies between current regulatory regimes. In addition,
the quarterly updates shall include information on the
Department's continuing efforts to determine whether and how to
require MTSA-covered facilities that possess CFATS chemicals of
interest to complete and submit CFATS Top-Screens. Finally, the
report shall provide updates regarding the efforts with other
Federal entities, such as the Federal Bureau of Investigation
and the Transportation Security Administration, including
specific milestones and agreements that will be reached to
further coordinate chemical security efforts.
REAL ID
The Committee directs the Office of Policy to report on the
status of each State in implementing each REAL ID element
required for material compliance, a plan to increase compliance
of each element required for material compliance by January
2013, and strategies related to compliance with the
requirements of REAL ID. This report shall be submitted to the
Committee by April 13, 2012.
EXPENDITURE PLANS
The Committee directs the Office of Counternarcotics
Enforcement, the Office of Policy, the Office of
Intergovernmental Affairs, the Office for Civil Rights and
Civil Liberties, the Office of Citizenship and Immigration
Services Ombudsman, and the Privacy Officer each to submit an
expenditure plan for fiscal year 2012 no later than 60 days
after the date of enactment of this act. Each plan shall
include details on: staffing, expenses, contracts, obligations,
funds by sub-offices (if appropriate), and how resources are
aligned to specific activities and initiatives in fiscal year
2012. The Office of Counternarcotics Enforcement expenditure
plan shall include efforts to address the recommendations made
in OIG-10-80.
USER FEES
The conference report accompanying Public Law 111-83
directed the Department to submit a contingency plan to address
gaps between actual and budgeted collections. The Committee
directs the Secretary to submit a revised plan no later than 90
days after the date of enactment of this act and to update that
plan quarterly.
BIOMETRIC AIR EXIT IMPLEMENTATION
The Committee includes language in the bill withholding
$35,000,000 from obligation until the Department of Homeland
Security submits to the Committees a comprehensive plan to
initiate implementation of a biometric air exit capability in
fiscal year 2012, or a written certification to the Congress
that it is the position of the administration that the
statutory requirements for biometric air exit be repealed.
COMPACT OF FREE ASSOCIATION
In 1986, the United States entered into a Compact of Free
Association [COFA] with the Federated States of Micronesia
[FSM] and the Republic of the Marshall Islands [RMI]. In 1994,
the United States entered into a similar relationship with the
Republic of Palau. The Compacts set forth the bilateral terms
for government, economic, and security relations between the
United States and the Freely Associated States [FAS] and the
laws approving the Compacts set forth the U.S. policy context
and interpretation for Compacts. Section 141 of the Compacts
provides that certain FAS citizens ``may be admitted to,
lawfully engage in occupations, and establish residence as a
nonimmigrant in the United States and its territories.''
However, the Congress also stated, in section 104(e)(1), that
``it is not the intent of Congress to cause any adverse
consequences for an affected jurisdiction.''
At present, it is estimated that affected areas of the
United States are spending upwards of $200,000,000 annually for
education, healthcare, and other services for FAS migrants,
including high-cost treatments such as dialysis and
chemotherapy. These impact costs are increasing annually.
Public health officials are particularly concerned about the
rate of certain diseases such as tuberculosis and Hanson's
Disease which have a high incidence in Micronesia and among
recent Compact migrants. There is also concern regarding
growing social tensions in affected communities as local
government agencies are forced to reduce the level of services
to U.S.-citizen residents to offset the costs associated with
the FAS migrants.
The Committee recognizes that the scope of these impacts
will have to be addressed by multiple Federal agencies and
believes that the administration must develop a comprehensive,
interagency approach to reduce the financial burden placed on
affected jurisdictions. Therefore, the Committee directs the
President to convene, within 45 days after the date of
enactment of this act, a National Security Council Interagency
Policy Committee on Freely Associated State Affairs, with
representation from the relevant departments and agencies
including the Departments of State, the Interior, Defense,
Education, Homeland Security, and Health and Human Services,
and the U.S. Agency for International Development, to develop
an action plan to reduce the impact of FAS migration on
Federal, State, local, and territorial governments,
particularly those in affected jurisdictions. The Committee
directs the President to submit the action plan to the
Committee not later than 180 days after enactment of this act.
The Committee notes that persons admitted to the United
States as nonimmigrants pursuant to the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188) are
subject to most, but not all, inadmissibility provisions of the
Immigration and Nationality Act. The Committee is concerned
regarding the lack of enforcement of certain grounds of
inadmissibility under the Compact such as the health-related
and public charge grounds of inadmissibility and deportability.
The Committee also is concerned about the growing negative
budgetary impacts that the admission as nonimmigrants of
nationals of the FAS is having on State, local, and Federal
governments. The Committee directs DHS to report, within 90
days after the date of enactment of this act, on the
Secretary's plan to issue regulations to implement all legally
allowable grounds of inadmissibility under the Compact which
apply to nationals from the FAS including, but not limited to,
a feasibility and cost analysis of establishing a pre-screening
process and promulgating regulations pursuant to the
appropriate sections of Public Law 108-188 to establish a
process, based on the existing Advance Permission to Enter
process (I-192), to provide advanced permission for prospective
travelers from the FAS to enter the United States. As part of
this report, the Committee urges DHS to consider including
modifications to the Electronic System for Travel Authorization
to address the unique requirements of the population of
individuals covered by Public Law 108-188.
RECEPTION AND REPRESENTATION EXPENSES
Within the total amount recommended for the Office of the
Secretary and Executive Management, up to $51,000 is included
for reception and representation expenses. The Department is to
continue to submit quarterly reports to the Committee detailing
the obligation of all DHS Reception and Representation Expenses
by purpose and dollar amount.
DETAILEE REPORT
The Committee requires the Department to continue to report
on detailees, but changes this from a quarterly to an annual
requirement to be submitted with the budget request for fiscal
year 2013. The format of this submission shall be drafted in
accordance with the revised guidance set forth in Senate Report
110-84.
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
The Department is directed to report semi-annually to the
Committee on the current projects tasked to Federally Funded
Research and Development Centers [FFRDCs], the funding
obligated by component, including the purposes for the funds,
and any projects completed in the prior 6-month period, with
the first report due February 15, 2012. The Committee has yet
to receive a report for fiscal years 2010 or 2011 pursuant to
the requirement in conference report [111-298]. These reports
are to be submitted expeditiously.
SCIENCE AND TECHNOLOGY DIRECTORATE CAPABILITIES
Significant progress has been made in the last 2 years by
the Science and Technology [S&T] Directorate in unifying the
Department's test and evaluation [T&E] processes, particularly
for large acquisition programs. The Committee encourages the
Secretary to continue to improve the Department's T&E
capabilities, policies, and procedures. The Department's
acquisition process would also benefit from the early
involvement of the S&T Directorate and the Department's FFRDCs
in assisting departmental entities to better identify mission
needs, conduct analysis of alternatives that could result in a
material solution determination, and develop operational
requirements including concepts of operations. The Under
Secretary for Management and the Under Secretary for Science
and Technology shall brief the Committee on efforts to leverage
S&T's expertise in this area no later than 90 days after the
date of enactment of this act.
U.S. VIRGIN ISLANDS RESOURCE ASSESSMENT
The Assistant Secretary for Policy shall brief the
Committee no later than 90 days after the date of enactment of
this act on the current level of DHS resources, by component,
in the U.S. Virgin Islands [USVI] and an assessment of the need
for additional resources, by component, to be stationed there
permanently based on threat and workload requirements. This
assessment should include a review of DHS components with no
presence currently in the USVI.
OVERTIME LIMITATION FOR LAW ENFORCEMENT PERSONNEL
The Committee encourages the Department to review the
existing overtime caps in place for agency law enforcement
personnel to determine if they reflect the actual requirement
for overtime funding and, if necessary, propose an adjustment
to the cap as part of the President's fiscal year 2013 budget.
COMBATING BORDER VIOLENCE
The Committee urges CBP and ICE to increase its ongoing
cooperation with the Federal Bureau of Investigations [FBI] to
combat and address any signs of increased drug trafficking
organization violence which may be occurring in U.S. border and
other communities. While the FBI's May 23, 2011, preliminary
report on annual crime statistics for 2010 indicates that
reports of violent crime and property crime appear to be down
in California and Arizona border towns, reports of violent
crime have ticked upwards slightly in Texas. It is important
that Federal law enforcement maintain a strong presence on the
border in support of State and local law enforcement to
immediately respond to any changes in the levels of violence.
The Committee directs CBP and ICE, jointly with the FBI, to
brief the Appropriations Subcommittees on Homeland Security and
Commerce, Justice, Science at least semiannually on the
situation on the border and its impact on border communities.
CYBERSECURITY
In an effort to improve coordination between the Federal
Government and the private sector and to exploit and enhance
the capabilities of both sectors, the Committee directs the
Deputy Secretary, jointly with the Deputy Secretary of Defense,
to submit a report to the Appropriations Committee no later
than May 1, 2012, evaluating the costs and benefits of
establishing a National Guard cybersecurity team and/or an
equivalent civilian team that could be deployed to help prevent
or recover from a cybersecurity attack. The report should
include an outline of the recommended command hierarchy,
including responsibility for deploying teams; describe
organizational responsibilities for providing guidance and
training; and discuss how critical relationships will be
established across the various agencies with cybersecurity
responsibilities.
PORT SECURITY TRAINING PROGRAM
The Committee is concerned that the Department has not yet
taken any steps to implement section 821 of Coast Guard
Authorization Act of 2010 (Public Law 111-281) to enhance and
upgrade Federal waterfront facility security officer [FSO]
training, and lead to the Federal certification of FSOs.
Implementation will help harmonize security training at marine
terminals. The Committee encourages the Department to help
develop the national training program.
Office of the Under Secretary for Management
Appropriations, 2011.................................... $239,453,000
Budget estimate, 2012................................... 249,058,000
House allowance......................................... 106,870,000
Committee recommendation................................ 237,131,000
The Under Secretary for Management oversees management and
operations of the Department, including procurement and
acquisition, human capital, and property management. The
specific activities funded by this account include the
Immediate Office of the Under Secretary for Management, the
Office of the Chief Security Officer, the Office of the Chief
Procurement Officer, the Office of the Chief Human Capital
Officer, and the Office of the Chief Administrative Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $237,131,000 for the Office of the
Under Secretary for Management, $11,927,000 below the amount
requested and $2,322,000 below the amount enacted in fiscal
year 2011. The Committee's recommendation includes funding for
robust oversight of major acquisitions, recruitment and
development of a skilled workforce, and security measures to
safeguard DHS personnel, property, facilities, and information.
The Committee supports the one-DHS concept, which can only be
executed when such missions are appropriately funded and
effective government is not accomplished by excessive funding
cuts for these essential capabilities. Unless specifically
addressed in this report, reductions taken to individual
offices below the request are due to a constrained budget
environment and to focus limited resources on the Department's
critical operational missions.
The specific levels recommended by the Committee, as
compared to the fiscal year 2011 and budget request levels, are
as follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management.... 2,733 7,558 2,558
Office of the Chief Security Officer...................... 71,760 71,236 71,236
Office of the Chief Procurement Officer................... 74,597 78,771 78,000
Office of the Chief Human Capital Officer:
Salaries and Expenses................................. 24,477 28,161 25,165
Human Resources Information Technology Program........ 17,097 16,686 14,172
Office of the Chief Administrative Officer:
Salaries and expenses................................. 43,300 41,248 41,000
Nebraska Avenue Complex............................... 5,489 5,398 5,000
-----------------------------------------------------
Total, Office of the Under Secretary for Management. 239,453 249,058 237,131
----------------------------------------------------------------------------------------------------------------
IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
The Committee recommends $2,558,000 for the Immediate
Office of the Under Secretary, $175,000 less than the fiscal
year 2011 level and $5,000,000 below the budget request. The
recommendation includes a reduction of $175,000 below fiscal
year 2011 for administrative savings, professional services,
and operational support, as requested.
The Committee denies the request for $5,000,000 for another
study of the need for Coast Guard icebreakers in the Arctic
region. As the ice recedes in the Arctic region, commerce and
natural resource exploration is expected to increase
significantly. It is critical that the Coast Guard be given the
tools to operate effectively in this remote area of the world,
a region that is rich with potential natural resources. Yet,
the Coast Guard has no operating polar class heavy icebreakers
and virtually no infrastructure in the region. The Polar Star,
first deployed in 1976, is being repaired, but only because
Congress took the initiative to fund the repair. When the
repair is complete in 2013, the Polar Star is expected to have
a useful life of only 7-10 years. It takes approximately 8-10
years to build a polar class icebreaker, yet the administration
has no plans for new assets. Russia, on the other hand,
currently has six operational icebreakers, including nuclear-
powered vessels and is preparing to aggressively pursue the
estimated 22 percent of the world's undiscovered natural
resources in the Arctic.
Since fiscal year 2005, the Committee has urged the Office
of Management and Budget and the Department of Homeland
Security to address this issue. In fiscal year 2005, the
Committee required the National Academy of Sciences [NAS] to
conduct a comprehensive study of the role of Coast Guard
icebreakers in supporting United States operations in the
Antarctic and the Arctic. The NAS report concluded that the
Nation ``should immediately begin to program, design, and
construct two new polar icebreakers to replace the Polar Star
and Polar Sea.''
The Committee funded a Presidentially requested study of
Coast Guard requirements for assets in the Arctic region in
fiscal year 2009. The report, completed in July 2010, wasn't
submitted to the Committee until July 2011. The report
concluded that the Coast Guard requires ``three heavy and three
medium icebreakers to fulfill its statutory missions'' and
``six heavy and four medium icebreakers to fulfill its
statutory missions and maintain the continuous presence
requirements of the Naval Operations Concept.''
Current and past Coast Guard Commandants have testified to
this need and the United States Transportation Command
concluded that the United States has national, strategic, and
economic interests in the Arctic which requires construction of
new polar icebreakers. Yet two successive administrations have
failed to seek funding for these assets.
Given the extensive consensus that has been built over the
past 5 years, the Committee does not believe yet another
icebreaker study is necessary and instead urges the Department
to move forward on fulfilling the Nation's icebreaking
requirements for the polar regions by developing a concept of
operations and a resource plan. This process can be achieved by
leveraging existing resources and expertise from the Coast
Guard and the Science and Technology Directorate. As a result
of the current fiscal climate and need to provide the best
value to the taxpayer, the development of a concept of
operations shall include consideration of using Government-
owned vessels as well as non Government-owned vessels to
achieve the Nation's icebreaking needs. The Committee is to be
briefed on the development of this plan no later than 90 days
after the date of enactment of this act.
OFFICE OF SECURITY
The Committee recommends $71,236,000 for the Office of
Security, a decrease of $524,000 from the fiscal year 2011
level and the same as the budget request. This amount includes
decreases for administrative savings, professional services,
and operational support, and the transfer of $1,050,000 and six
positions to the Office of Intelligence and Analysis for
counterintelligence activities. The recommendation includes a
program increase, as requested, of $2,000,000 for the
Classified National Security Information Program for State,
Local, Tribal, and Private Sector Entities. In accordance with
Executive Order 12549, this program will ensure that classified
information shared with these entities meets Federal security
standards for sharing classified information.
OFFICE OF THE CHIEF PROCUREMENT OFFICER
The Committee recommends $78,000,000 for the Office of the
Chief Procurement Officer [OCPO], an increase of $3,403,000
above the fiscal year 2011 level and $771,000 below the budget
request. This recommendation includes requested decreases for
adjustments-to-base that include reductions for administrative
savings, professional services, and operational support. The
increase of $3,403,000 above fiscal year 2011 is provided to
enhance the Department's acquisition workforce capabilities and
to strengthen cost estimating by adding cost analysts to each
of the eight major components for oversight of large-scale
procurements. The total amount for these initiatives is below
the request due to a constrained budget environment.
FEDERAL ACQUISITION WORKFORCE INITIATIVE
Within the budgets of selected components, the Committee
provides funding to increase the Department's acquisition
workforce capacity and capabilities. The Department, like many
other Federal agencies, is plagued by a lack of qualified
acquisition professionals to develop, manage, and oversee
acquisition programs appropriately. The Committee has been
highly critical of the performance of many DHS acquisition
programs and has aggressively funded additional FTE to bolster
procurement oversight within the OCPO and in the components. In
cases where the component requests were not funded at the
requested amount, the Committee expects those components to use
existing appropriations and fee authority [where appropriate]
to hire and train highly qualified acquisition personnel.
The Committee is disappointed in the initial assessment of
Department-wide gaps in key acquisition disciplines. What the
Committee received was simply a table with core acquisition
needs by component. The Committee is looking for the analysis
behind the numbers, the risks of not filling the positions, and
the long-term strategy to fill competency gaps. The OCPO is to
brief the Committee on these matters no later than 60 days
after the date of enactment of this act.
ACQUISITION PROFESSIONAL CAREER INTERNSHIP PROGRAM
The Committee directs the OCPO to submit to the Committee,
in conjunction with the President's fiscal year 2013 budget
request, a report on the Acquisition Professional Internship
Program as detailed in House Report 111-157.
ACQUISITION REVIEW PROCESS
The Committee directs the OCPO to continue reporting
quarterly on major acquisitions as outlined in Senate Report
111-31. The Committee expects these reports to cover all major
acquisition programs as required in Senate Report 111-31. The
Department is to ensure that each acquisition covered in the
report includes:
--A discussion of current gaps and shortfalls, the
capabilities to be fielded, and the number of planned
increments;
--Acquisition review board status of each acquisition,
including the current acquisition phase and date of the
last Acquisition Decision Event approval;
--Whether or not an Independent Verification and Validation
has been implemented, with an explanation for the
decision;
--A rating of the cost risk, schedule risk, and technical
risk associated with each acquisition project;
--A table detailing unobligated balances to date and
anticipated unobligated balances at the close of the
fiscal year for each acquisition addressed in the
report; and
--The date and cause of program breaches.
OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER
The Committee recommends $39,337,000 for the Office of the
Chief Human Capital Officer [OCHCO], $2,237,000 below the
fiscal year 2011 level and $5,510,000 below the request. This
recommendation includes requested reductions for administrative
savings, professional services, and operational support. The
increase of $688,000 in salaries and expenses is to enhance the
Balanced Workforce Program Office, workforce training programs,
and leadership development programs. The OCHCO shall brief the
Committee no later than 90 days after the enactment of this act
on its progress in implementing these programs in addition to
its ongoing hiring reform initiatives, efforts to close
mission-critical competency gaps, performance metrics, and an
acquisition plan for an automated employee performance
management and appraisal tool.
The recommendation provides a total of $14,172,000 for
Human Resources Information Technology, $2,514,000 below the
request. The reduction is due to carryover balances available
for this program.
OVER-RELIANCE ON CONTRACTORS
The estimated number of contractors providing services in
support of various DHS programs is 110,000 compared to
approximately 221,000 Federal employees. According to the
Department's congressional justification, ``The Quadrennial
Homeland Security Review and the Bottom-Up Review have both
confirmed a critical need to balance the DHS workforce by
ensuring strong Federal control of all DHS work and reducing
reliance on contractors.'' Initially, the Department identified
3,500 contractor positions that should be eliminated or
converted to Federal employee positions. As of April 2011, the
Department has eliminated nearly 3,200 positions, of which
2,400 were converted into new Federal jobs. The estimated
savings associated with this effort is $28,000,000. The
Department's fiscal year 2012 budget proposes to convert
another 1,881 additional contract positions to Federal
positions, anticipated as a result of the Balanced Workforce
Strategy analysis. The Committee supports the Department's
continued efforts to convert contractor positions to Federal
jobs through its Balanced Workforce Initiative and the OCHCO-
managed program office leading the Department's efforts to
examine the appropriate workforce best suited to meet mission
needs. The Committee directs the Undersecretary for Management
and Chief Human Capital Officer to brief the Committee no later
than November 30, 2011, on its ongoing review, implementation
plans, and the estimated savings associated with this effort
and how those savings were calculated.
HUMAN RESOURCES SERVICING
The Department has informed the Committee that beginning in
fiscal year 2012, it plans to obtain human resources services
from the Federal Law Enforcement Training Center [FLETC]
instead of OCHCO's Human Resources Management Services [HRMS]
division. There are multiple reasons for this functional
transfer; however the primary factor is due to HRMS's
difficulty complying with regulatory requirements in its
recruitment and staffing missions. According to the Department,
based on concerns raised by the Office of Personnel Management,
the HRMS Delegated Examining Authority has been withdrawn from
the Department's HRMS division, effective October 1, 2011. As a
result, DHS has decided to partner with FLETC through an
Interagency Agreement to fulfill its human resource service
requirements, with FLETC being fully reimbursed through the
Working Capital Fund for its services. The Department has
assured the Committee this partnership will result in reduced
costs for human resources service needs for headquarters
components and will deliver these services in a more efficient
manner. The Committee does not object to this arrangement as
long as it does not adversely impact FLETC's mission
requirements. The OCHCO and FLETC are to brief the Committee no
later than 6 months after the date of enactment of this act on
the execution of this plan.
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER
The Committee recommends $41,000,000 for Salaries and
Expenses, a decrease of $2,300,000 below the fiscal year 2011
level and $248,000 below the level requested in the budget.
The Committee recommends $5,000,000 for continued
facilities maintenance and upgrades at the Nebraska Avenue
Complex [NAC], $489,000 below the fiscal year 2011 level and
$398,000 below the request. This funding allows for the
completion of the perimeter fence improvement project, the site
utility upgrade project, and for other mechanical, electrical
and building upgrades.
The Chief Administrative Officer is to brief the Committee
no later than 90 days after the date of enactment of this act
on recommendations for savings from the identification of
excess surplus property as described in the June 10, 2010,
Presidential memorandum entitled ``Disposing of Unneeded
Federal Real Estate.''
Office of the Chief Financial Officer
Appropriations, 2011.................................... $53,323,000
Budget estimate, 2012................................... 62,395,000
House allowance......................................... 50,860,000
Committee recommendation................................ 51,000,000
The Office of the Chief Financial Officer is responsible
for the fiscal management and financial accountability of the
Department of Homeland Security. The Office of the Chief
Financial Officer provides guidance and oversight of the
Department's budget execution while ensuring that funds are
allocated and expended in accordance with relevant laws and
policies. This account funds the Budget Division, Office of
Financial Operations, Office of Performance Analysis and
Evaluation, Office of Financial Management, Resource Management
Transition Office, and the Office of the Government
Accountability Office/Office of Inspector General Audit
Liaison.
COMMITTEE RECOMMENDATION
The Committee recommends $51,000,000 for the Office of the
Chief Financial Officer [OCFO], a decrease of $2,323,000 below
the fiscal year 2011 level and $11,395,000 less than the budget
request. As a result of the Department's decision to cancel
acquisition plans for the Transformation and Systems
Consolidation [TASC] project and subsequent re-evaluation of
its approach to improve DHS financial management systems, the
recommendation does not include the $11,000,000 program request
for TASC. The Committee recognizes the Department's need to
improve the reliability and transparency of its financial data,
and directs DHS to maintain frequent communications with the
Committee on financial management improvement plans necessary
to support the Department's missions. The Committee notes that
balances remain available for TASC from prior year
appropriations and this amount can be obligated in fiscal year
2012 if a new strategy is approved by the DHS Acquisition
Review Board; however, the Department must complete an
independent evaluation to validate the strategy prior to
obligating any of these funds.
ANNUAL APPROPRIATIONS JUSTIFICATIONS
The Committee directs the CFO to ensure annual
appropriations justifications are prepared for each component
within the Department in support of the President's budget, as
required under section 1105(a) of title 31, United States Code
and submitted on the day the President's budget is delivered to
Congress. The CFO shall submit as part of the fiscal year 2013
budget justification the following: detailed information by
appropriations account and PPA on all reimbursable agreements
and significant uses of the Economy Act for each fiscal year; a
detailed table identifying the last year that authorizing
legislation was provided by Congress for each PPA; the amount
of the authorization and the appropriation in the last year of
authorization; and a report on the status of overdue Committee
reports, plans, and briefings for fiscal years 2011 and 2012.
In addition, with the Department's Explanation of Changes to
General Provisions, to be included in the Department's annual
congressional budget justification to the Committee, the CFO
shall provide the text and citation of all Department
appropriations provisions enacted to date that are permanent
law.
The CFO shall ensure that adequate justification is given
to each increase, decrease, transfer, and staffing change
proposed in the fiscal year 2013 budget justification, and that
each item directed by the Committees to be provided as part of
the fiscal year 2013 budget justification is delivered as
mandated.
Consistent with section 874 of Public Law 107-296, the
Department shall submit a Future Years Homeland Security
Program [FYSP] budget as part of the fiscal year 2013 budget
justification. Having a forward-looking budget forecast
provides a reasonable understanding of future program and
acquisition needs and the proportionate resources needed to
execute the Department's mission of protection and defense of
the homeland, as well as emergency planning and response. The
submission for fiscal years 2012-2016 was designated as ``For
Official Use Only''. The Committee sees no reason why this
designation is necessary and expects the submission for fiscal
years 2013-2017 to be accessible to the public.
BUDGET EXECUTION AND STAFFING REPORT
The Committee includes bill language requiring the
Department to continue to submit to the House and Senate
Committees on Appropriations a monthly budget execution report
showing the status of obligations and costs for all components
of the Department and on-board staffing levels (Federal
employees and contractors). The report shall include the total
obligational authority appropriated (new budget authority plus
unobligated carryover), undistributed obligational authority,
amount allotted, current year obligations, unobligated
authority (the difference between total obligational authority
and current year obligations), beginning unexpended
obligations, year-to-date costs, and ending unexpended
obligations. This budget execution information is to be
provided at the level of detail shown in the tables displayed
at the end of this report for each departmental component and
the Working Capital Fund. This report shall be submitted no
later than 45 days after the close of each month.
EXPENDITURE PLANS
The Committee continues requiring expenditure plans for
specific DHS programs. These plans are intended to provide
Congress with information to effectively oversee a particular
program and hold the Department accountable for program
results. Expenditure plans required by the Committee shall
include, at a minimum: a description of how the plan satisfies
any relevant legislative conditions for the expenditure plan;
planned capabilities and benefits; cost and schedule
commitments; measures of progress against commitments made in
previous plans; how the program is being managed to provide
reasonable assurance that the promised program capabilities,
benefits, and cost and schedule commitments will be achieved;
historical funding for the program, if applicable; and an
obligation and outlay schedule.
OVERDUE QUARTERLY SBI REPORTS
In addition to delayed expenditure plans, there are a
number of regular reports that the Committees have required be
submitted, in some cases for many years. For instance, the
Committees have required quarterly submission of a report which
in essence is a compilation of border security-related facts--
such as apprehensions at the border, number of illegal aliens
removed, and miles of the border under effective control. The
report is a snapshot of what the Department and its component
agencies have accomplished during the previous quarter and the
past years. The report is not supposed to be a press document
requiring extensive narrative and/or ``spin''. Yet the reports
continue to be delayed--in one case almost 6 months after the
end of the fiscal year. This is unacceptable. The Committee
directs the Department to submit these reports no later than 30
days after the end of each quarter.
Currently, the SBI quarterly reports are limited to
statistics covering actions taken but lack any measurement of
effectiveness or consequences. All future SBI quarterly
reports, beginning with the first quarter of fiscal year 2012,
shall include: (a) estimates of the impact of consequence
programs (such as Operation Streamline) on the rate of
recidivism of illegal border crossers; and, (b) for ports of
entry, the maritime domain, and between the ports of entry, (1)
estimates of total attempted border crossings, (2) the rate of
apprehension of attempted border crossings, and (3) the inflow
into the United States of illegal entrants that evade
apprehension.
Office of the Chief Information Officer
Appropriations, 2011.................................... $332,726,000
Budget estimate, 2012................................... 277,972,000
House allowance......................................... 122,120,000
Committee recommendation................................ 267,972,000
The Office of the Chief Information Officer is responsible
for oversight of information technology [IT] development,
oversight of IT acquisition, alignment of IT systems and
infrastructure to the enterprise architecture to support the
missions and activities of the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommends $267,972,000, of which
$105,578,000 is for salaries and expenses, and $162,394,000 is
to be available until fiscal year 2014 for Department-wide
technology investments overseen by the Office of the Chief
Information Officer [OCIO]. The recommendation is a decrease of
$64,754,000 from the fiscal year 2011 level and $10,000,000
below the level proposed in the budget request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2012 budget Committee
2011 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses.......................................... 86,738 105,578 105,578
Information technology services................................ 51,314 38,800 38,800
Infrastructure and security activities......................... 147,108 89,525 79,525
Homeland security data network................................. 47,566 44,069 44,069
------------------------------------------------
Total, Office of the Chief Information Officer........... 332,726 277,972 267,972
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
The Committee recommendation includes $105,578,000, as
requested, to provide oversight of technology management,
shared services, and acquisition strategy for the Department.
Funding is included, as requested, to support the Office of
Accessible Systems and Technology.
The Committee supports the realignment of $20,713,000 and
147 FTE from the CIO's Department-wide IT projects to the
Salaries and Expenses PPA. The Committee also supports the no-
cost annualization of 70 FTE that were formerly contract
positions. Finally, the Committee includes $253,000, as
requested, to strengthen acquisition workforce capabilities.
MULTI-YEAR INVESTMENT PLAN
The Committee includes bill language requiring a multi-year
investment plan be submitted to the Committees on
Appropriations with the fiscal year 2013 budget submission to
Congress.
INFORMATION TECHNOLOGY SERVICES
The Committee recommendation includes $38,800,000 for
Information Technology Services, as requested in the budget.
Consistent with the request, the recommended amount includes: a
$2,700,000 increase for the implementation of DHS-wide
standards for the sharing of common services, establishment of
interoperable systems, and other systems integration
priorities; and a $7,600,000 increase for enterprise data
management to establish procedures and practices across the
components to lower development costs and decrease operations
and maintenance costs.
INFRASTRUCTURE AND SECURITY ACTIVITIES
The Committee recommendation includes $79,525,000 for
Infrastructure and Security Activities, $10,000,000 below the
amount requested in the budget. The recommended amount
includes: a $12,268,000 increase, as requested, to continue
development of a single sign-on capability; and a $10,000,000
increase, $10,000,000 below the request, to consolidate
component messaging systems into the two DHS data centers and
transition to an ``everything as a service'' model. The
Committee believes these are vital investments necessary to
ensure that a mature infrastructure is in place that meets the
Department's needs. The Department is directed to continue to
provide quarterly briefings to the Committee on the progress on
implementing OneNet and migration to Networx. The reduction
below the request reflects amounts to consolidate component
messaging systems that will not be obligated in fiscal year
2012. The reduction below fiscal year 2011 reflects requested
savings in administrative services, realignment of personnel to
the salaries and expenses PPA, and nonrecurring funds for Data
Center migration for DHS headquarters offices.
DATA CENTER MIGRATION
The Committee provides $76,390,000 specifically to various
Departmental components for data center migration. The CIO
shall continue to provide quarterly briefings to the Committees
on the progress of data center development and migration. The
Committee is aware that component data center migration
schedules may shift during the course of the fiscal year based
on changing circumstances and priorities. As a result, the bill
includes a general provision allowing the Secretary to transfer
funds made available for data center migration, as necessary,
among components based on revised schedules and priorities with
15 days prior notice to the Committees. The OCIO is also
directed to include information on revised schedules in the
quarterly briefings.
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.
Analysis and Operations
Appropriations, 2011.................................... $334,360,000
Budget estimate, 2012................................... 355,368,000
House allowance......................................... 344,368,000
Committee recommendation................................ 339,368,000
The account supports activities to improve the analysis and
sharing of threat information, including activities of the
Office of Intelligence and Analysis [I&A] and the Office of
Operations Coordination.
COMMITTEE RECOMMENDATION
The Committee recommends $339,368,000 for Analysis and
Operations. This is an increase of $5,008,000 above the fiscal
year 2011 level and a decrease of $16,000,000 from the budget
request. The details of these recommendations are included in a
classified annex accompanying this report.
DHS INTELLIGENCE EXPENDITURE PLAN
The Committee requires the Department's Chief Intelligence
Officer to submit an expenditure plan for fiscal year 2012 no
later than 60 days after the date of enactment of this act.
The plan shall include the following:
--fiscal year 2012 expenditures and staffing allotted for
each program as compared to fiscal years 2011 and 2010;
--all funded versus on-board positions, including Federal
FTE, contractors, and reimbursable and nonreimbursable
detailees;
--an explanation for maintaining contract staff in lieu of
Federal FTE;
--a plan, including dates or timeframes for achieving key
milestones, to reduce the office's reliance on contract
staff in lieu of Federal FTE;
--funding, by object classification, including a comparison
to fiscal years 2011 and 2010; and
--the number of I&A-funded employees supporting organizations
outside I&A and within DHS.
The expenditure plan shall focus the activities of the
Office on areas where the Department can provide unique
expertise or serve intelligence customers who are not supported
by other components of the Intelligence Community, consistent
with current statute and Executive orders, and in a way that
does not impair intelligence support to the senior leadership
of the Department of Homeland Security.
FEDERAL WORKFORCE
The Committee supports the Department's plans to more
appropriately balance the I&A workforce with Federal employees
as compared to a reliance on contract employees. To help meet
this objective, the Committee encourages the Department to seek
hiring authority on par with other Intelligence Community
agencies.
C2 GAP FILLER
The Committee denies funding for the C2 Gap Filler project
due to an insufficient justification, the need to support core
DHS operations, and the lack of clarity surrounding future
costs and requirements.
STATE AND LOCAL FUSION CENTERS
The Committee directs I&A to brief the Committee quarterly
on progress in placing DHS intelligence professionals in State
and local fusion centers [SLFC]. These briefings shall include:
the qualification criteria used by DHS to decide where and how
to place DHS intelligence analysts and related technology;
total Federal expenditures to support each center to date and
during the most recent quarter of the current fiscal year, in
the same categorization as materials submitted to the
Committees on Appropriations on March 23, 2007; the location of
each fusion center, including identification of those with DHS
personnel, both operational and planned; the schedule for
operational stand-up of planned fusion centers and their
locations; the number of DHS-funded employees located at each
fusion center, including details on whether the employees are
contract or Government staff; the privacy protection policies
of each center, including the number of facility personnel
trained in Federal privacy, civil rights, and civil liberties
laws and standards; and the number of local law enforcement
agents at each center approved or pending approval to receive
and review classified intelligence information. The Committee
also expects that performance metrics will be developed to
judge the success of I&A's SLFC program. These metrics shall be
presented at the first quarterly briefing.
Office of Inspector General
Appropriations, 2011\1\................................. $113,646,000
Budget estimate, 2012................................... 144,318,000
House allowance\1\...................................... 124,000,000
Committee recommendation\1\............................. 125,000,000
\1\Excludes $16,000,000 made available from the FEMA Disaster Relief
Fund.
This account finances the Office of Inspector General's
activities, including audits, inspections, investigations, and
other reviews of programs and operations of the Department of
Homeland Security to promote economy, efficiency, and
effectiveness and to prevent and detect fraud, waste, and
abuse.
COMMITTEE RECOMMENDATIONS
The Committee recommends $125,000,000 for the Office of
Inspector General [OIG] for fiscal year 2012, $11,354,000 above
the fiscal year 2011 level and $3,318,000 below the comparable
budget request. In addition, the Committee includes bill
language transferring $16,000,000 needed by the OIG for audits
and investigations related to natural disasters from the
Disaster Relief Fund [DRF]. The OIG is required to notify the
Committee no less than 15 days prior to all transfers from the
DRF. Included in the recommendation are increased resources for
integrity oversight and investigations. The Committee directs
the Inspector General to submit a plan for expenditure of all
funds no later than 90 days after the date of enactment of this
act.
The Committee is pleased that the Secretary, pursuant to
Public Law 110-161, established a direct link to the DHS OIG on
the DHS Web site. The Committee directs the Secretary to update
and maintain the Web link.
INTEGRITY OVERSIGHT
Since fiscal year 2006, U.S. Customs and Border Protection
has hired more than 19,176 new employees, a 46 percent
increase, and U.S. Immigration and Customs Enforcement has
hired over 4,747 new personnel, a 31 percent increase. The
Committee is concerned due to the rapid hiring in CBP and ICE,
that there is the potential for increased corruption. To avoid
corruption and misconduct, it is imperative that all agents,
especially new hires, receive comprehensive training in ethics
and public integrity. The OIG provides ethics training to all
agencies and is in charge of investigating all allegations of
criminal misconduct throughout the Department. It is essential
that the OIG, CBP, and ICE work jointly and cooperatively to
combat corruption. Within the total funding recommended, the
Committee provides the OIG an increase of no less than
$4,000,000 for integrity investigations. The Inspector General
shall submit a plan to the Committee on Appropriations no later
than 45 days after the date of enactment of this act for the
expenditure of integrity oversight funds in coordination with
CBP and ICE.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SUMMARY
U.S. Customs and Border Protection is responsible for
enforcing laws regarding admission of foreign-born persons into
the United States, and ensuring that all goods and persons
entering and exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of
$11,655,225,000, including direct appropriations of
$10,242,040,000 and estimated fee collections of
$1,413,185,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 8,196,198 8,725,555 8,762,103
Automation modernization.............................. 335,902 364,030 334,275
Border Security Fencing, Infrastructure, and 573,024 527,623 400,000
Technology [BSFIT]...................................
Air and Marine interdiction, operations, maintenance, 515,294 470,566 506,566
and procurement......................................
Construction and facilities management................ 259,480 283,822 239,096
-----------------------------------------------------
Total, Appropriations............................... 9,879,898 10,371,596 10,242,040
=====================================================
Estimated fee collections:
Immigration inspection user fee....................... 525,443 527,629 527,629
Immigration enforcement fines......................... 1,037 1,041 1,041
ESTA.................................................. ................ 44,524 44,524
Land border inspection fee............................ 28,598 28,909 28,909
COBRA fee............................................. 390,974 440,521 385,521
APHIS inspection fee.................................. 318,472 323,000 323,000
Global entry user fee................................. 2,500 2,615 2,615
Puerto Rico Trust Fund................................ 89,980 91,779 91,779
Small airport user fee................................ 8,164 8,167 8,167
-----------------------------------------------------
Total, Estimated fee collections.................... 1,365,168 1,468,185 1,413,185
=====================================================
Total, U.S. Customs and Border Protection, available 11,245,066 11,839,781 11,655,225
funding............................................
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
Appropriations, 2011.................................... $8,196,198,000
Budget estimate, 2012................................... 8,725,555,000
House allowance......................................... 8,769,518,000
Committee recommendation................................ 8,762,103,000
The U.S. Customs and Border Protection [CBP] Salaries and
Expenses appropriation provides funds for border security,
immigration, customs, agricultural inspections, regulating and
facilitating international trade, collecting import duties, and
enforcing U.S. trade laws. In addition to directly appropriated
resources, fee collections are available for the operations of
CBP from the following sources:
Immigration Inspection User Fee.--CBP collects user fees to
fund the costs of international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Electronic System for Travel Authorization Fee.--CBP
collects fees to cover the cost of operating and implementing a
system to pre-screen visitors from countries participating in
the Visa Waiver Program prior to their arrival in the United
States to avoid security risks, as authorized by section
711(h)(3)(B) of the 9/11 Act (Public Law 110-53).
Immigration Enforcement Fine.--CBP collects fines from
owners of transportation lines and persons for unauthorized
landing of aliens, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Land Border Inspection Fee.--CBP collects fees for
processing applications for the Dedicated Commuter Lanes
program, the Automated Permit Ports program, the Canadian
Border Boat Landing program, and both Canadian and Mexican Non-
Resident Alien Border Crossing Cards, as authorized by the
Immigration and Nationality Act (8 U.S.C. 1356).
Consolidated Omnibus Budget Reconciliation Act [COBRA]
Fee.--CBP collects fees for inspection services involving
customs-related functions. The COBRA user fee statutory
authority (19 U.S.C. 58c) specifies the types of expenses to be
reimbursed and the order for the reimbursement of these types
of expenses.
Animal and Plant Health Inspection Service Inspection
Fee.--CBP receives as a transfer a distribution of agriculture
inspection fees collected by the United States Department of
Agriculture. The user fees, as authorized by the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136), are charged to offset costs for the services related to
the importation, entry, or exportation of animals and animal
products.
Global Entry User Fee.--CBP collects fees to cover the cost
of a registered traveler program to expedite screening and
processing of international passengers as authorized under the
Consolidated Appropriations Act of 2008, section 565(3)(B).
Puerto Rico Trust Fund.--Customs duties, taxes, and fees
collected in Puerto Rico by CBP are deposited in the Puerto
Rico Trust Fund. After providing for the expenses of
administering CBP activities in Puerto Rico, the remaining
amounts are transferred to the Treasurer of Puerto Rico
pursuant to 48 U.S.C. sections 740 and 795.
Small Airport User Fee.--The User Fee Airports Program
authorized under 19 U.S.C. 58b and administered under 19 U.S.C.
58c(b)(9)(A)(i), authorizes inspection services to be provided
to participating small airports on a fully reimbursable basis.
The fees charged under this program are set forth in a
memorandum of agreement between the small airport facility and
the agency, and may be adjusted annually as costs and
requirements change.
COMMITTEE RECOMMENDATIONS
The Committee recommends $8,762,103,000 for salaries and
expenses of U.S. Customs and Border Protection [CBP] for fiscal
year 2012, including $3,274,000 from the Harbor Maintenance
Trust Fund. The Committee includes bill language making
available up to $150,000 for payment for rental space for
preclearance operations and $1,000,000 for payments to
informants. The Committee also includes bill language placing a
$35,000 annual limit on overtime paid to any employee.
Included in the Committee's recommendation is full funding
requested in the budget for the law enforcement journeyman pay
adjustment for CBP officers and Border Patrol agents and full
annualization of officers and agents initially funded in prior
year appropriations acts (including the 1,000 new Border Patrol
agents funded in the Emergency Supplemental Border Security
Appropriations Act, 2010). The Committee notes that the
journeyman pay grade increase will affect 24,371 CBP employees
in fiscal year 2012.
The Committee recommends $20,692,000 for an additional 300
CBP officers at new and expanded ports of entry; $2,212,000 for
additional canine units; $7,499,000 to expand the Immigration
Advisory Program to four additional overseas locations; and
$7,500,000 for cargo container scanning pilot projects, all as
requested in the budget. The Committee does not approve funds
requested specifically for the acquisition workforce initiative
but encourages CBP to use existing appropriations and fees to
hire and train highly qualified procurement personnel.
The Committee does not approve the Presidents' budget
proposal to adjust the fees collected pursuant to the
Consolidated Omnibus Budget Reconciliation Act of 1985 [COBRA],
and instead recommends an additional $55,000,000 to support the
funding requirements for CBP staffing of 21,186 officers.
Increases above the request for officer integrity,
screening and targeting, and antidumping and trade enforcement
are discussed later in this report.
REVISED BUDGET PRESENTATION
The Committee has been concerned about the lack of detail
provided in the CBP ``Salaries and Expenses'' budget for two
large categories--the Inspections, Trade, and Travel
Facilitation at Ports of Entry PPA and the Border Security and
Control PPA. The President's fiscal year 2012 requests of
$2,507,235,000 and $3,530,994,000, respectively, for these PPAs
provide insufficient detail for the Committee to make fiscally
responsible budget recommendations. The Committee directs the
CBP Chief Financial Officer to work with the Committee on a
revised budget presentation for the fiscal year 2013 request.
FINANCIAL PLAN BY OFFICE REQUIREMENTS
To help facilitate oversight by the Committee, CBP is
directed to submit to the Committee within 90 days of the date
of enactment of this act, a financial plan reflecting a
detailed breakout of funding by office for each of the major
PPAs in the Salaries and Expenses appropriation. This financial
plan shall include the prior year's plan, actual expenditures
for the prior year, as well as the planned expenditures for
fiscal year 2012.
PORT OF ENTRY STAFFING AND RELIANCE ON FEES
The Committee notes that more than one-third of CBP
officers are funded by inspection and immigration-related fees
collected on passengers and goods entering the United States.
Due to the global recession and decrease in travelers to the
United States in the past few years, anticipated fee revenue
has fallen short of its estimates. This has resulted in
reallocations of increasingly scarce appropriated funds to meet
the shortfalls and maintain adequate staffing at the ports of
entry [POEs]. As discussed above, the Committee was required to
find $55,000,000 in appropriations in this bill to meet the
funding shortfall necessitated by the budget's reliance on a
proposed increase in fees. If the intention is to continue to
rely on fee revenue to pay for a significant portion of CBP
personnel, the Department must work with CBP, the Office of
Management and Budget, and the appropriate congressional
authorizing committees to adjust fee levels to meet the growing
staffing requirements.
At the same time, the Committee urges CBP to provide
transparency on its staffing requirements at the POEs with
local officials, including owners and operators of the port
authorities. While mindful of law enforcement and security
sensitivities, the Committee believes it is important that the
Federal Government be a good partner with local officials who
need to make their own decisions regarding port expansion and
investment of local resources. The Committee directs CBP to
update the POE staffing model, with a particular emphasis on
staffing requirements reflecting both the new and renovated
POEs which have been brought online as well as the increase in
cross-border commercial and passenger traffic as the economy
improves, and submit it to the Committee not later than 180
days after the date of enactment of this act.
IMPROVING THE ENTRY PROCESS FOR VISITORS TO THE UNITED STATES
In prepared testimony for the March 2, 2011, hearing before
the Committee, the Secretary stated the second Homeland
Security mission is to secure the Nation's borders ``to prevent
illegal activity while facilitating lawful travel and trade.''
The Committee welcomes visitors to the United States, but
remains concerned about frequent comments from constituents who
travel internationally that the entry process coming into this
country is lengthy and daunting. It often takes hours for
passengers to be processed once arriving at an airport. There
are long lines, not all arrival lanes are open and staffed, and
the information provided to arriving passengers is often
confusing. Additionally, travelers have expressed concerns,
especially in the air environment, about the way they are
treated by CBP officers upon their arrival at the airport. The
visitors are often tired and there may be language barriers,
but unfortunately what makes the media reports is that CBP
officers are brusque and treat the visitor as if he or she is
guilty while performing required entry inspections. The
Committee understands the CBP officers' primary duty is
security and ensuring that the individual before them is
eligible for entry into the country, however, the officer is
also the first impression the traveler has of America and
Americans.
The Committee is aware that the Department has initiated
programs to try and address some of these issues, such as the
Model Ports of Entry program and the Global Entry Program. The
Committee directs the Commissioner to submit a report to the
Committee not later than December 1, 2011, on the actions it
has taken and programs it has implemented to improve the entry
process experience for travelers, including customer service.
The report should include how CBP and the Department have
implemented the recommendations proposed by the Secure Borders
and Open Doors Advisory Committee such as the International
Registered Traveler program and those programs listed above.
The report should also describe the training CBP officers are
provided regarding ``welcoming'' visitors as they are being
processed, including aspects of courtesy and customer service,
as well as any reasons why officers should not be provided such
instruction. Finally, the report should explain in detail how
these existing programs, and others, have reduced wait times,
how much money has been directed to these improved entry
programs for each of fiscal years 2008-2011, and how funds
provided in the fiscal year 2012 act will be used to continue
and expand these and other programs. The Committee urges the
report to discuss and explore how CBP can expand its work with
private entities, including the tourist industry, to assist in
this effort.
The Committee notes that the Department operates a
disparate number of trusted traveler programs including, but
not limited to, Global Entry, FAST, Nexus, and SENTRI. The
Committee directs DHS to provide a briefing to the Committee
not later than November 1, 2011, on the scope of all DHS
trusted traveler programs, their commonalities and differences,
their financing mechanisms, and possibilities for
consolidation. This review should be led by the Office of
Policy.
SOUTHWEST BORDER SECURITY
The Committee continues its multi-faceted initiative, begun
in 2005, to improve security on the border by increasing
personnel, technology, training, and infrastructure. Over the
6-year period ending in fiscal year 2010, Border Patrol
apprehensions along the Southwest Border decreased by 61
percent, from 1,189,075 to 463,382. This reduction is an
indication that the combined effect of the recession and our
bipartisan efforts to secure the border are resulting in fewer
people attempting to illegally cross the border. Similarly,
between fiscal years 2008-2010, illegal bulk cash seizures rose
36 percent; illegal weapons seizures rose 7 percent; and
illegal drug seizures rose 40 percent.
The Committee notes there has been an increased level of
violence being directed at our Border Patrol agents and CBP
officers stationed at and between our ports of entry. Between
fiscal years 2008-2010, there has been an average of 1,077
assaults on agents and officers. These assaults range from
``rockings''--in which large rocks or hunks of concrete are
thrown down on agents from on top of border fences--to physical
and vehicle assaults, shootings, and other attempts to impede
law enforcement operations. Additionally, in the past 3 years
we have experienced the tragic killings of a Border Patrol
Agent deliberately run down in January 2008, in the Yuma Sector
by drug traffickers attempting to flee south into Mexico, an
Agent shot multiple times in July 2009, while on night patrol
near Campo Station as he followed a suspicious group of
individuals, and an Agent shot in the mountains of the Tucson
Sector in December, 2010, during a night patrol when he and
fellow agents responded to reports of individuals preying on a
group of illegal aliens. As of April 30, 2011, there have been
413 assaults on agents and officers this fiscal year. As we
have moved to further secure the Southwest Border, we have
increased the cost of doing business for the smugglers while
also increasing their levels of frustration. The Committee
supports CBP's efforts to protect the women and men working on
our frontlines and requests semiannual briefings on assaults on
its personnel, as part of the briefings discussed below, with
the first briefing no later than November 1, 2011.
In March 2009, the Secretary of Homeland Security announced
a major initiative to assist the Mexican Government in
combating drug cartel violence by deploying additional CBP and
U.S. Immigration and Customs Enforcement [ICE] personnel and
resources to the Southwest Border. With funds provided to CBP
and ICE in the Supplemental Appropriations Act, 2009 (Public
Law 111-32), the Emergency Supplemental Border Security
Appropriations Act, 2010, the Department of Homeland Security
Appropriations Act, 2010, and the Department of Defense and
Full-Year Continuing Appropriations Act, 2011, more than
$500,000,000 has been added above the President's requests for
Southwest Border security, including outbound inspections to
combat smuggling of guns and bulk cash which support the drug
cartels. With the funds provided in fiscal years 2010 and 2011
for CBP's air and marine operations account, 3 additional
unmanned aircraft systems [UAS] have been funded and, once
brought online, will bring CBP's inventory of UASs to 10
patrolling our borders.
MONITORING PROGRESS ON THE SOUTHWEST BORDER
As noted above, the Congress has provided significant
resources to address border security and respond to the
violence in Mexico. It is important, however, to know how these
resources have been deployed and the impact they are having on
addressing current and potential threats. The Committee directs
the Department to provide to the Committees semiannual
briefings on the status of threats to the border and the
progress being made on addressing this threat. The Department
is directed to coordinate these briefings and include
representatives of CBP and ICE and other DHS agencies and
entities as appropriate.
The Committee directs CBP to submit a report not later than
December 1, 2011, on the costs associated with the
establishment and operation of the Joint Field Command in the
Tucson Sector. The report should include the purpose for its
establishment, the analysis associated with creating this
specific function for this Sector, the annual costs to operate
since its creation, the level of staffing--both permanent and
temporary duty--by quarter (including the sectors from which
the staff have been detailed), and the length of the temporary
duty.
CROSS-BORDER TUNNELS
According to recent DHS reports, tunnels along the United
States-Mexico border will remain an attractive alternative to
overland drug smuggling because of increased security measures
and aggressive enforcement activity on traditional cross-border
routes. More than 13 cross-border tunnels have been found along
the United States-Mexico border in fiscal year 2011, surpassing
the 12 discovered in all of fiscal year 2010. Of these tunnels,
more than nine have been found in Nogales. The Committee
supports the ongoing efforts of the DHS Tunnel Task Force to
detect and respond to new tunnels and directs continued
submission of the required tunnel report and directs CBP to
dedicate sufficient resources to continue detecting, responding
to, and remediating tunnels as they are encountered. The report
shall detail the level of support provided to this activity by
other Federal Government agencies, including equipment used.
DRUG TRAFFICKING ORGANIZATION ``SPOTTERS''
The Committee is concerned that reports of activities by
drug cartel ``spotters''--individuals stationed in key
locations in the United States along drug and alien smuggling
routes on the Southwest Border--are increasing. The Committee
directs the Secretary to submit a report detailing the extent
and scope of this activity, its impact on Federal border law
enforcement activities, methods it uses--or is considering
using--to stop or limit this activity, and specific Federal,
State, or local laws violated by these individuals and their
activities. The report should also note, if applicable, whether
this activity is illegal and/or preventable. A classified
version of the report should be submitted if necessary.
BORDER COMMUNITY LIAISON OFFICERS
The Committee is aware that where they have been used,
border community relations nonuniformed officers have improved
collaboration with local border communities and helped the
Border Patrol and Office of Field Operations more effectively
carry out their missions. The Committee, therefore, encourages
CBP to deploy more such officers to areas that could benefit
from their presence, and directs CBP to brief the Committees
not later than 90 days after enactment of this act on the role
such officers play, and the status of service-oriented training
for CBP Officers and Border Patrol agents.
CONDUCT AND INTEGRITY OVERSIGHT
Since Congress initiated the significant increase in CBP
staffing in 2005, the Committee has been concerned about the
potential for increased corruption by CBP personnel. Since
2007, the Congress has provided over $11,000,000 more than the
Presidents have requested for program integrity efforts. Since
fiscal year 2005, the number of CBP personnel arrested or
indicted for acts of corruption has grown from 27 to 128. The
Committee remains committed to addressing this problem. The
Committee expects the administration to join in the effort to
get ahead of this problem in the fiscal year 2013 budget.
The Committee recommends a total of $170,681,000,
$5,000,000 above the request for CBP to expand integrity
training for its officers, conduct investigations, reduce the
backlog of reviews and polygraphs, and meet the requirements of
the Anti-Border Corruption Act of 2011 (Public Law 111-338).
CBP has hired more than 19,176 new personnel, a 46 percent
increase since fiscal year 2006.
BORDER PATROL AGENTS
Since Congress began increasing the size of the Border
Patrol by funding the hiring of 500 new agents in the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Tsunami Relief, 2005 (Public Law 109-13), a total
of 10,106 new Border Patrol agents, and attendant support
positions, will have been funded and hired through the end of
fiscal year 2011. The Congress strongly supports the Border
Patrol mission of securing our borders and fully funds the
fiscal year 2012 request.
Included in the amount recommended by the Committee for
``Border Security and Control'' is a total of $3,619,604,000,
as requested. With the 1,000 new Border Patrol agents funded as
part of the Emergency Supplemental Border Security Act, 2010,
combined with the funds in this act, there will be 21,370
Border Patrol agents on duty, more than double the 9,951 agents
on board at the end of fiscal year 2002.
Bill language is included mandating a floor of not less
than 21,370 Border Patrol agents on-board throughout fiscal
year 2012.
The Committee is impressed by the work performed by the
National Guard on the Southwest Border assisting the Border
Patrol in monitoring the border and reporting any incursions.
The Committee notes that while the President announced on June
17, 2011, an extension of the Guard on the border through the
end of fiscal year 2011, no decision has yet been made to
further extend its deployment into fiscal year 2012 and no
funds have been requested in the budget for this purpose. The
Committee urges the administration to make a determination on
the presence of the Guard into the next fiscal year at the
earliest practicable point and to request the appropriate level
of funding for the National Guard to support this important
mission.
OPERATION STREAMLINE
The Committee supports Operation Streamline, a program in
which individuals apprehended crossing the Southwest border are
sentenced by a judge to serve a period of time in jail. In
Border Patrol sectors where Operation Streamline is robustly in
effect, there has been a noticeable reduction in attempted
illegal crossings. The Committee encourages the Department to
work with the appropriate Department of Justice agencies and
the Judiciary to expand Operation Streamline to additional
Border Patrol sectors.
NORTHERN BORDER PORT STAFFING
The Committee commends CBP for achieving its goal of
stationing 2,212 Border Patrol agents on the Northern Border by
the end of calendar year 2010. The Committee remains concerned,
however, about CBP officer staffing levels for Northern Border
ports of entry. The Committee believes that many of the
concerns about Northern Border staffing could be allayed by
more complete reporting to Congress about CBP's Northern Border
staffing plans. The Committee directs CBP to submit a plan with
the fiscal year 2013 budget detailing specific staffing and
funding for, and implementation of, planned Northern Border
enforcement initiatives. The Committee also directs CBP to
provide a briefing to the Committee not later than December 1,
2011, on the CBP officer staffing requirements on the Northern
Border based on increased trade flows and the current threat
environment.
TRADE ENFORCEMENT AND COMPLIANCE
The Committee is concerned that CBP may not be providing
sufficient resources and personnel to the Office of Trade. The
volume of trade continues to expand and as the economy improves
the country will experience an even greater volume of trade.
The Committee recommends $151,298,000, $5,000,000 above the
request, for trade enforcement and compliance activities in the
Office of Trade. The funds above the request are directed for
the hiring of additional trade enforcement and compliance
personnel to enhance targeted abilities to collect duties and
develop the enforcement and compliance strategy discussed
below. Additional funds are provided for the Automated
Targeting System and the National Targeting Center to enhance
trade targeting systems.
The Committee remains focused on the need for all Federal
Government agencies involved in international trade to
aggressively enforce existing trade laws. During a hearing
before the subcommittee on May 25, 2011, it became clear that
there are specific actions that CBP and ICE, together with the
Departments of Commerce and State and the United States Trade
Representative, can take without the need for additional
legislation. According to CBP's own statistics, more than
$1,000,000,000 in duties related to antidumping from 2001 to
2010 have yet to be collected.
The Committee directs the Department to submit a 3-year
strategy to develop a robust and forward-leaning trade
compliance enforcement framework. The strategy shall include a
detailed hiring and staffing plan for the Office of Trade to
fill critical trade enforcement and administrative positions,
including those dedicated to trade targeting and analysis of
trade trends, such as CBP officers; trade specialists; Fines,
Penalties, and Forfeitures officers; and auditors. The plan
shall also address issues related to training requirements and
the development of an antidumping/countervailing duty [AD/CVD]
risk model.
As part of the plan, the Committee encourages CBP to look
at focused use of single transaction bonds to target higher-
risk importers as well as ``new shipper'' rules. Use of such
bonds should be strategically based on risk-adjusted modeling.
This strategy is to be submitted to the Committee not later
than 180 days after the date of enactment of this act.
Additionally, the Committee directs CBP to submit the
updated resource optimization model required to be prepared
under section 403 of the SAFE Port Act.
TRADE COMPLIANCE--PRODUCT VERIFICATION TEAMS
Due to their success in the area of textiles, the Committee
directs CBP and ICE to work with the U.S. Trade Representative
and the State Department to review the possible uses of product
verification teams to combat transshipment violations for
products subject to antidumping/countervailing duties. Further,
the report should make recommendations to the Committee on how
to make better use of and expand product verification teams not
later than 180 days after the date of enactment of this act.
TRADE COMPLIANCE--BROKER COMMUNITY
The Committee urges CBP to investigate ways to work with
the broker community to encourage or require brokers to develop
``know your customer'' programs to promote integrity within the
importer community. It is important that customs brokers know
the foreign entity with which they have agreed to do business.
The Committee directs CBP to work with the Department of
Commerce on the feasibility and impacts of requiring foreign
importers of record to have a U.S. agent that is financially
liable, and report the results to the Committee by April 13,
2012.
TRADE COMPLIANCE--INFORMATION SHARING
The Committee understands that current law may
unintentionally prohibit the Department of Commerce from
sharing proprietary information with CBP vital to determining
violations or claims with respect to any provision of the
Tariff Act of 1930. The Committee urges the Department to
coordinate jointly with the Department of Commerce on a
legislative proposal to amend the appropriate section of the
United States Code to remove any legal barriers to sharing of
appropriate and necessary information between these prime
federal trade compliance and enforcement agencies.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT REPORTS
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 the Treasury, and the Office of the
United States Trade Representative (and all other relevant
agencies) to increase collections, and provide a public report
on an annual basis, within 30 days of each year's distributions
under the law. The report should summarize CBP's efforts to
collect past due amounts and increase current collections,
particularly with respect to cases involving unfairly traded
United States imports from China. The report shall provide the
amount of uncollected duties for each antidumping and
countervailing duty order, and indicate the amount of open,
unpaid bills for each such order. In that report, the
Secretary, in consultation with other relevant agencies,
including the Secretaries of the Treasury and Commerce, should
also advise as to whether CBP can adjust its bonding
requirements to further protect revenue without violating U.S.
law or international obligations, and without imposing
unreasonable costs upon importers.
The Committee further directs the Secretary to work with
the Secretary of Commerce to identify opportunities for the
Commerce Department to improve the timeliness, accuracy, and
clarity of liquidation instructions sent to CBP. Increased
attention and interagency coordination in these areas could
help ensure that steps in the collection of duties are
completed in a more expeditious manner.
Consistent with section 691a of Public Law 103-182, the
North American Free Trade Agreement Implementing Act of 1993,
the Committee directs the Commissioner of Customs to submit to
Congress before the 60th day of each fiscal year a report
regarding the collection during the preceding fiscal year of
duties imposed under the antidumping and countervailing duty
laws. The Committee directs CBP to work with the Departments of
Commerce and the Treasury, and the Office of the United States
Trade Representative (and all other relevant agencies) to
increase collections, and provide a public report on an annual
basis.
The report should summarize CBP's efforts to collect past
due amounts and increase overall current collections,
particularly with respect to cases involving unfairly traded
United States imports from China. The report shall provide the
amount of uncollected duties for each antidumping and
countervailing duty order, and indicate the amount of open,
unpaid bills for each such order. In that report, the
Secretary, in consultation with other relevant agencies,
including the Secretaries of the Treasury and Commerce, should
also advise as to whether CBP can adjust its bonding
requirements to further protect revenue without violating U.S.
law or international obligations, and without imposing
unreasonable costs upon importers.
Separately, CBP is directed to report to the Committee on
collection of the outstanding $1,000,000,000 in antidumping/
countervailing duties, including the number of claims, the
value of each claim, the stage of collection for each claim,
and the date on which the claim was referred for further action
to either the CBP Chief Counsel or U.S. Department of Justice.
This report shall be submitted to the Committee not later than
180 days after the date of enactment of this act.
JONES ACT
CBP is charged with enforcement of U.S. cabotage laws. The
Jones Act provides for the national and economic security of
the United States by supporting a strong U.S. merchant marine.
By virtue of the Outer Continental Shelf Lands Act, as amended
by Public Law 106-580, the coastwise laws apply to marine
transportation between points and places in the United States,
including the Outer Continental Shelf. U.S. vessels, mariners,
and shipyards have been negatively impacted and underutilized
as a result of lax enforcement of prior rulings inconsistent
with congressional intent. The Committee urges the Department
to levy penalties for previously documented violations,
continue working with the Offshore Marine Service Association
in order to investigate future potential violations, and
dedicate adequate resources to vigorously enforce the Jones Act
on the Outer Continental Shelf.
The Committee is very concerned that more than 45 waivers
of the Jones Act have been issued enabling foreign-flagged
vessels to transport oil released from the Strategic Petroleum
Reserve in response to extreme fluctuations in the price of
gas. The Committee is also concerned about the lack of
transparency in conducting these waivers. A general provision
is included prohibiting funds from being used to issue future
waivers until the Secretary has consulted with the Departments
of Energy and Transportation and representatives of the United
States flag maritime industry and taken adequate steps to
ensure the use of United States flag vessels. The Secretary
shall notify the Congress within 48 hours of any request for a
waiver.
IMPROVING TRADE PROCESSING AND COORDINATION
The Committee has strongly supported efforts to enhance the
processing of safe and legitimate trade while ensuring that all
proper duties and tariffs are collected and unsafe or
contraband products do not enter the national stream of
commerce. The Committee provided funds for innovative programs
such as the Container Security Initiative and the Customs-Trade
Partnership Against Terrorism [C-TPAT] prior to their
authorization because these programs were intended to meet both
trade and security requirements. However, recent activities,
including the Importer Self Assessment, may not be implemented
as effectively as they could be. It is important that CBP work
with the importing community, as well as coordinate with other
government agencies such as the U.S. Food and Drug
Administration and the Consumer Product Safety Commission to
communicate guidelines defining what constitutes low-risk cargo
and what additional steps importers can take to meet them and
be considered a certified importer. The Committee recognizes
the potential impediments to separating and clearing low risk
cargo from cargo requiring greater inspection at individual
ports given their different configurations and inspection
processes. However, industry can provide valuable information
and fresh ideas on this process and the Committee urges CBP to
engage more regularly with industry on these issues. The
Committee directs CBP to brief the Committee on its efforts not
later than December 1, 2011.
INTELLECTUAL PROPERTY RIGHTS
CBP is directed to brief the Committee by April 13, 2012,
on progress in implementing the 5-year Intellectual Property
Rights Enforcement Strategy submitted on July 14, 2010, to
include progress made in implementing the items to improve
enforcement at pre-entry, entry, and post-entry.
TECHNOLOGY TO IMPROVE OUTBOUND LAND INSPECTIONS
CBP is directed to submit to the Committee within 90 days
of the date of enactment of this act, a 3-year strategy to
improve the technology available to conduct outbound
inspections along the land border and deploy such technology.
Significant improvements could be seen in the ability of CBPOs
to conduct outbound inspections by careful deployment of
technology, like those technologies being tested and developed
at the Stafford test bed by CBP.
FORENSIC EVIDENCE PROTOCOLS
The Committee directs CBP and ICE to jointly brief the
Committee not later than April 13, 2012, on what standardized
policies for treatment of forensic evidence from crime scenes
against Federal officials or others when local agencies are
involved are currently in use, whether or not separate
memoranda of understanding are necessary with local
jurisdictions, and if all guns, bullet casings, shells, etc.
are put through Federal systems such as E-trace and the
National Integrated Ballistics Imaging Network.
CARGO INSPECTION AND PASSENGER AND TRADE FACILITATION
The Committee recommends $36,400,000, $5,000,000 above the
request, for Automated Targeting Systems [ATS] and $51,950,000,
$5,000,000 above the request, for the National Targeting Center
[NTC]. Due to the changing threat, the Committee notes that CBP
targeting priorities and methodologies have been re-engineered
to address interdiction of possible terrorists before they
board a flight destined for the United States. While these new
targeting programs are effective, the restructuring has caused
a dramatic increase in the NTC-Passenger [NTC-P] workload
leading to significantly increased costs in both overtime and
temporary duty augmentation of staff. The budget request funds
permanent staffing relocations. Both the NTC-P and NTC-Cargo
programs are being enhanced to provide around-the-clock
tactical targeting support for CBP antiterrorism efforts. The
funds above the request are intended to ensure that both of
these targeting activities are appropriately staffed around-
the-clock, as well as to enhance the targeting systems to
provide better discrimination of potential threats entering the
country while furthering the ability to accelerate the
processing of passengers and cargo which pose little or no
threat.
The Committee also recommends the $7,500,000, as requested,
for pilots designed to improve cargo inspections. The Committee
directs CBP to provide a detailed briefing to the Committee on
the plans for use of the additional NTC and ATS funds as well
as the proposed pilots by November 1, 2011.
The Committee is concerned that DHS does not have the
capacity to fully screen rail cars entering the United States
for radiation. The Committee directs CBP, in conjunction with
the Domestic Nuclear Detection Office, to brief the Committee
on the status of existing technologies and on how it intends to
develop a strategy to work with the private sector on ways to
perform such scanning.
TRACKING STOLEN AND LOST TRAVEL DOCUMENTS
The Committee is pleased that CBP has been working
aggressively with INTERPOL to link TECS with INTERPOL's Stolen
and Lost Travel Document [SLTD] database. Given the ability of
terrorists and others attempting to enter this country to do us
harm using these stolen and lost documents, it is critical that
all DHS officials, and especially those at our ports of entry
and at the overseas immigration advisory program [IAP]
airports, have timely access to this information. The Committee
directs DHS and CBP to brief the Committee on the progress made
to enhance the linkage between the SLTD database and TECS, how
this is used at our domestic and IAP ports, the extent to which
information on revoked or suspended visas and other travel
documents is included in these databases, and other steps that
have been taken or are planned to be taken to enhance this
capability, the resources expended to date on these efforts,
and the requirement for additional resources to ensure the most
robust and timely system. The Committee directs the briefing to
occur not later than December 1, 2011.
DATA CENTER MIGRATION
The Committee recommends a total of $28,385,000 for
activities related to data center migration, $10,000,000 below
the amount requested in the budget.
INVASIVE SPECIES
The Committee directs CBP to fund activities associated
with the control of invasive species, such as carrizo cane, and
any mitigation efforts from within the ``Border Security
Fencing, Infrastructure, and Technology'' account.
ADVANCED TRAINING CENTER
Included in the amount recommended by the Committee is
$39,083,836, as proposed in the budget, for programmatic
expenses (including salaries and benefits) and the National
Training Plan, at the Advanced Training Center. For fiscal year
2012, the ATC staffing target is 235 employees.
Pursuant to Public Law 106-246, the training to be
conducted at the Center shall be configured in a manner so as
to not duplicate or displace any Federal law enforcement
program of the Federal Law Enforcement Training Center [FLETC].
Training currently being conducted at a FLETC facility shall
not be moved to the Center.
TRAINING REGARDING HUMAN TRAFFICKING
CBP plays a critical role in identifying potential human
trafficking victims as they enter the United States. The
Committee encourages CBP to work with appropriate nonprofit
organizations and victim service providers to improve the
training of CBP officers in the field to assist in the
identification of human trafficking victims and provide
appropriate referrals to victim service organizations.
FOREIGN MUNICIPAL SOLID WASTE
The Committee recognizes that trucks carrying foreign
municipal solid waste entering the United States from Canada
represent potential homeland security and environmental threats
to our Nation. The Committee is also aware of successful
efforts to address this threat, which have resulted in a 37
percent reduction in municipally managed waste shipments to the
United States. However, nearly 350 trash trucks still cross
U.S. borders every day. The Committee urges DHS, in conjunction
with CBP, to consider proposing to raise the current Customs
User Fee for trucks carrying foreign municipal solid waste into
the United States and include any such proposal in the fiscal
year 2013 budget through the appropriate authorizing mechanism.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2012 budget Committee
2011 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses:
Headquarters, management, and administration:
Management and administration, border security 516,102 688,878 672,152
inspections and trade facilitation....................
Management and administration, border security and 495,862 738,462 721,736
control between ports of entry........................
Rent................................................... 450,812 483,749 483,749
------------------------------------------------
Subtotal, Headquarters, management, and administra- 1,462,776 1,911,089 1,877,637
tion................................................
================================================
Border security inspections and trade facilitation:
Inspections, trade, and travel facilitation at ports of 2,474,344 2,507,235 2,567,235
entry.................................................
Harbor maintenance fee collection (Trust Fund)......... 3,274 3,274 3,274
International cargo screening.......................... 103,945 68,757 68,757
Other international programs........................... 11,119 10,684 10,684
Customs-Trade Partnership Against Terrorism [C-TPAT]... 45,454 44,979 44,979
Trusted Traveler Programs.............................. 10,751 6,311 6,311
Inspection and detection technology investments........ 144,162 149,537 149,537
Automated targeting systems............................ 32,389 31,400 36,400
National Targeting Center.............................. 47,347 46,950 51,950
Training............................................... 20,778 37,834 37,834
------------------------------------------------
Subtotal, Border security inspections and trade 2,893,563 2,906,961 2,976,961
facilitation........................................
================================================
Border security and control between ports of entry:
Border security and control................................ 3,508,244 3,530,994 3,530,994
Training................................................... 36,094 88,610 88,610
------------------------------------------------
Subtotal, Border security and control between ports of 3,544,338 3,619,604 3,619,604
entry...................................................
================================================
Air and Marine operations...................................... 295,521 287,901 287,901
------------------------------------------------
Subtotal, Salaries and expenses.......................... 8,196,198 8,725,555 8,762,103
----------------------------------------------------------------------------------------------------------------
AUTOMATION MODERNIZATION
Appropriations, 2011.................................... $335,902,000
Budget estimate, 2012................................... 364,030,000
House allowance......................................... 334,275,000
Committee recommendation................................ 334,275,000
The automation modernization account includes funds for
major information technology systems and services for U.S.
Customs and Border Protection [CBP], including the Automated
Commercial Environment [ACE] and the International Trade and
Data System projects, and connectivity of and integration of
existing systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends $334,275,000, to be available
until September 30, 2014, for automation modernization.
INTERNATIONAL TRADE DATA SYSTEM
Included in the amount recommended is $16,000,000, as
requested, for the International Trade Data System.
EXPENDITURE PLAN
The Committee includes bill language limiting the
availability of $50,000,000 for development of ACE upon the
submission of a comprehensive expenditure plan for the program.
The Committee also expects to continue receiving the ACE
quarterly reports. CBP is directed to brief the Committees on
Appropriations immediately on the plan to decommission the
Automated Commercial System [ACS], the updated program plan for
ACE, how the ACS decommission plan is integrated into the
program plan, and the updated master schedule for ACE
development.
TECS MODERNIZATION
The Committee directs CBP and ICE to continue to conduct
the semiannual joint briefings for the Committee.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Automated Commercial Environment/International Trade Data 147,794 169,755 140,000
System [ITDS]............................................
Current operations protection and processing support...... 188,108 194,275 194,275
-----------------------------------------------------
Subtotal, Automation modernization.................. 335,902 364,030 334,275
----------------------------------------------------------------------------------------------------------------
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
Appropriations, 2011.................................... $573,024,000
Budget estimate, 2012................................... 527,623,000
House allowance......................................... 510,000,000
Committee recommendation................................ 400,000,000
The Border Security, Fencing, Infrastructure, and
Technology account funds the capital procurement and total
operations and maintenance costs associated with fencing,
infrastructure, sensors, surveillance, and other border
security technology.
COMMITTEE RECOMMENDATIONS
BORDER TECHNOLOGY DEPLOYMENT DELAYS
The Committee recommends $400,000,000 for Border Security
Fencing, Infrastructure, and Technology, $127,623,000 below the
request.
Since fiscal year 2006, the Committee has been a strong and
active supporter of the efforts to secure our Southwest Border
through a strategic combination of fencing, tactical
infrastructure, and technology, combined with a doubling of the
size of the Border Patrol. In fact, at the initiation of this
Committee, the Congress has appropriated $1,909,500,000 in
regular, supplemental, and emergency funding above the amounts
requested by this and the previous President for this account.
These funds have been used to construct the 650 miles of
fencing and border infrastructure mandated by the Secure Fence
Act, as amended, and they have been used to bring more
technology and security to Border Patrol agents than has ever
been available.
The Committee is extremely disappointed that the
administration has on two occasions delayed deployment and
expansion of security technology along the Southwest Border. As
a result of these reviews, more than a year of technology
deployment activity has been lost to numerous reconsiderations
and reviews. This has resulted in the funds provided by
Congress for deployment of border security technologies--
including existing systems which have been proven to work along
portions of the border for years--sitting in accounts in
Washington until a grand solution was determined. These delays
and reviews have resulted in the Arizona Border Surveillance
Technology Plan announced by the Secretary in January, 2011.
Deploying, in many cases, the types of existing and basic
technologies called for by the Congress over the past 3 years,
this solution will cover the Arizona border--by 2015. This is 4
years later than the estimated deployment of technology along
the entire Southwest Border as originally envisioned by the now
cancelled SBInet. The reduction is based on high levels of
unobligated balances. As of July 31, 2011, the program had more
than $440,000,000 available in unobligated balances.
NORTHERN BORDER SECURITY
The Committee has strongly supported an enhanced focus on
securing the Northern Border in addition to the Southwest and
coastal borders. In fact, it was at the direction of this
Committee that $20,000,000 in funding provided in this account
in fiscal year 2007 were re-directed to begin addressing
Northern Border requirements. Included in the amount
recommended for this account for fiscal year 2012 is
$45,000,000, as requested, for ongoing Northern Border security
activities.
The Committee is concerned about reports of increased drug
smuggling across the Northern Border via small aircraft. This
is a known vulnerability which began to be addressed by the
creation and staffing of the Northern Border airwings. However,
incidences of low-flying, radar evading aircraft across this
border have increased. In testimony during a Senate
subcommittee hearing in May, the Commissioner indicated that
``22 Canadian (military) radar feeds will be sent to the Air
and Marine Operations Center by the third quarter, November
2011.'' The Committee appreciates this response and directs CBP
to brief the Committees on its progress in this effort not
later than December 1, 2011.
The Committee also encourages Northern Border sector chiefs
to work with State and local officials, including Canadian
officials, on identifying any locations which might be
conducive for limited construction of tactical infrastructure
to address issues, such as vehicle drive-thrus, in remote or
residential areas where towns and houses meet along the border.
The Committee requests a briefing on these discussions, by
Border Patrol sector, during the second quarter of fiscal year
2012.
INVASIVE SPECIES
The Committee directs CBP to fund activities associated
with the control of invasive species, such as carrizo cane, and
any mitigation efforts from within the ``Border Security
Fencing, Infrastructure, and Technology'' account.
EXPENDITURE PLAN
The Committee expects a timely submission of the plan
mandated in this bill. It is the responsibility of CBP, the
Department, and the Office of Management and Budget to ensure
expenditure plans, when submitted, comply with the law.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Development and deployment................................ 324,620 337,000 212,377
Operations and maintenance................................ 172,019 133,248 133,248
Program management........................................ 76,385 57,375 54,375
-----------------------------------------------------
Subtotal, Border security fencing, infrastructure, 573,024 527,623 400,000
and technology.....................................
----------------------------------------------------------------------------------------------------------------
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
Appropriations, 2011.................................... $515,294,000
Budget estimate, 2012................................... 470,566,000
House allowance......................................... 499,966,000
Committee recommendation................................ 506,566,000
The U.S. Customs and Border Protection [CBP] Air and Marine
Interdiction, Operations, Maintenance, and Procurement [AMO]
account funds the capital procurement and total operations and
maintenance costs of the CBP air and marine program and
provides support to other Federal, State, and local agencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $506,566,000, an increase of
$36,000,000 above the request, to remain available until
September 30, 2014, for air and marine interdiction,
operations, maintenance, and procurement.
The Committee strongly supports CBP's continued efforts to
recapitalize its air and marine assets. Since fiscal year 2005,
the Congress has appropriated more than $3,340,000,000 to this
account, of which $654,985,000 has been above the amounts
requested by the President. Working with the Office of Air and
Marine, the Committee has provided resources to meet the
Department's border security requirements in the air, coastal,
and riverine environments as delineated by the CBP Air and
Marine Recapitalization Plan. Resources to address some of
these requirements are provided in this bill. The Committee
notes the lengthy period of time it takes in procuring certain
types of aircraft and other air systems because of the need to
compete with the Department of Defense for these systems in a
time of war, but AMO is to be commended for the creative use of
multi-purchase awards.
AGING AVIATION ASSETS AND STRATEGIC RECAPITALIZATION REQUIREMENTS
The Committee continues its strong support of CBP's multi-
year effort to upgrade its fleet of aircraft. The Committee is
troubled that approximately 45 percent of CBP's aircraft are on
average 34 years old. The P-3 and Huey helicopters are an
average of 42 years old and the medium-lift Black Hawk
helicopters--used extensively on the borders--are on average 32
years old.
During fiscal years 2011 and 2012, CBP will retire up to 12
twin engine patrol aircraft employed over both land and
maritime borders, while gaining delivery of only 5 replacement
aircraft with no additional aircraft funded. Without sufficient
funding to maintain production, up to 6 more aircraft could be
retired without replacements, resulting in a reduction of 13
aircraft over the next 2 years.
Without sustained and robust funding for a recapitalization
effort at fiscal year 2009 levels, CBPs Office of Air and
Marine could be required to ground 15 percent of its existing
fleet over the next 3 years. Understandably, unsafe or
unsupportable aircraft that cannot meet current or future CBP
and DHS mission needs should be retired. However, the loss of
critical aviation assets, such as Black Hawk and Huey
helicopters, and multi-mission patrol aircraft, would be
devastating. CBP would not be able to meet shifts in land
border threats from the low desert to the higher terrain, or
support the planned rapid reaction ground force without Black
Hawks to transport, protect, and recover special tactical
teams, and Hueys to provide rapid air mobility for large
numbers of Border Patrol agents. Without replacement multi-
mission patrol aircraft, CBP would be limited in its ability to
provide essential ground and coastal surveillance, air
interdiction, and direct support for ground interdiction
operations. The P-3 long range patrol aircraft is undergoing
the last phase of its service life extension program, and 12
aircraft temporarily returned to flight have scored
considerable successes disrupting bulk drug shipments to Mexico
and the United States, including up to 250,000 pounds of hard
drugs and the capture of several self-propelled semi-
submersible vessels, in a single year. The program must be
completed as planned to ensure that this vital capability can
serve the Nation for the next 18-20 years. And the Committee
notes the progress made on increasing Unmanned Aircraft Systems
[UAS] operations along the land and maritime borders, including
joint operations with the Coast Guard, with CBP accumulating
10,000 operational hours for homeland security.
For these reasons, the Committee recommends:
--$42,000,000 for two additional P-3 wing sets to continue
the service life extension program [SLEP] of the P-3
fleet, as requested. This workhorse of the fleet is
critical in detecting and tracking the movement of
contraband in the transit zone headed toward the United
States. It plays a key role in detecting new threats
such as submersible and semi-submersible platforms in
the eastern Pacific and Caribbean;
--$36,800,000 for new AS-350 light enforcement helicopters,
as requested;
--$22,000,000 for conversion of two UH-60 helicopters from
the A to L configuration, as requested;
--$4,000,000 for hardware to support previously funded
unmanned aircraft systems, as requested; and
--$4,700,000 for marine vessels, as requested.
In recognition of the inadequate resources in this request
for recapitalization, the Committee includes $36,000,000, above
the request for the following:
--$21,000,000 for procurement of one additional multi-role
enforcement aircraft under the competitively awarded,
multi-year contract;
--$9,000,000 for conversion of one additional UH-60
helicopter from the A to L configuration;
--$2,000,000 for procurement of additional radar and sensors;
and
--$4,000,000 for operations and maintenance directed toward
increased operations of CBP's unmanned aircraft
systems.
The Committee directs CBP to submit not later than December
1, 2011, an updated recapitalization plan to include details on
efforts to address and/or replace aging, unsupportable
aircraft, projections of aircraft retirements by type, along
with impacts on border and maritime operations if they are
retired without replacement. The updated plan shall also
include requirements to complete the P-3 SLEP as originally
scheduled, along with an estimate of the effort and resources
needed to ensure all 16 existing aircraft are included in the
SLEP rather than retiring the last 2 at the end of their
original service lives. The update shall include details on any
changes to the UAS Program since the submission of the last
strategic plan update to the Committee, as well as a report of
progress on the acquisition of needed marine vessels.
ULTRA LIGHT AIRCRAFT ON THE SOUTHWEST BORDER
The Committee is concerned about increased reports of low-
flying, ultra light aircraft being used to smuggle illegal
drugs across the Southwest Border. It appears these aircraft
are used to fly across the border, drop the drug loads by air
at pre-set locations, and return across the border into Mexico.
There were 228 reports of these incursions in fiscal year 2010,
nearly double the previous year's total. While use of this
inefficient method by drug trafficking organizations is yet
another indicator of the success that has resulted from
increased border security efforts since fiscal year 2005, these
aircraft pose a risk to other aircraft as they are flying
without filing a flight plan nor with required lights and
beacons. The Committee directs CBP to provide a briefing not
later than December 1, 2011, on the scope of this problem and
the specific steps it is taking to counter this threat.
The Committee notes that the lack of operation of the air
traffic control tower in Sierra Vista, Arizona, at certain
periods may result in the UASs stationed there not being used
to their utmost potential. The Committee directs the Department
to work with the Department of Defense and the Federal Aviation
Authority to explore ways to increase effective use of CBP air
assets.
NORTHERN BORDER
The Committee discusses Northern Border security issues,
including airspace security, in greater detail in the ``Border
Security Fencing, Infrastructure, and Technology'' section
above. The Committee also directs CBP to maintain the current
number of unmanned aircraft systems on the Northern Border.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operations and maintenance................................ 370,899 361,087 365,087
Procurement............................................... 144,395 109,479 141,479
-----------------------------------------------------
Subtotal, Air and Marine interdiction, operations, 515,294 470,566 506,566
maintenance, and procurement.......................
----------------------------------------------------------------------------------------------------------------
CONSTRUCTION AND FACILITIES MANAGEMENT
Appropriations, 2011.................................... $259,480,000
Budget estimate, 2012................................... 283,822,000
House allowance......................................... 234,096,000
Committee recommendation................................ 239,096,000
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, customs, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $239,096,000, $44,726,000 below
the requested amount and $20,384,000 below the fiscal year 2011
level, for construction and facilities management activities of
U.S. Customs and Border Protection [CBP], to be available until
September 30, 2016.
ADDITIONAL LAND BORDER PORT REQUIREMENTS
The Committee notes that the American Recovery and
Reinvestment Act of 2009, (Public Law 111-5) provided
$420,000,000 for construction, repairs, maintenance, and
security upgrades to CBP-owned ports of entry [POEs]. Of the
167 land border ports of entry, CBP owns 41. The rest are owned
and administered by the General Services Administration [GSA]
or are privately owned and leased, and one is owned by the
National Park Service. The Committee is pleased that through
good stewardship and creative contract management, CBP was able
to reconstruct or renovate 31 CBP-owned ports of entry, 28 of
which were on the Northern Border.
The Committee notes, however, that the largest land ports
of entry, by both trade volume and staffing, are GSA-owned. It
is important that the administration request sufficient
resources for the GSA to rebuild and expand these large POEs to
meet growing cargo and passenger traffic, as well as
significant security requirements. While this administration,
as well as last one, significantly enhanced physical security
and staffing between the ports of the entry--especially on the
Southwest Border--similar construction and staffing increases
for the POEs proportional to the requirements have not been
requested or funded. As security between the ports has
increased, attempts by organizations to smuggle aliens and
contraband through the ports have increased substantially. This
growing threat needs to be addressed via a comprehensive,
multi-Departmental strategy--with significant involvement by
State, tribal, and local officials.
For instance, there have been major efforts to increase
outbound inspections for bulk cash, guns, and other contraband
which supports the drug trafficking organizations' violence in
Mexico. However, the existing outbound physical infrastructure
at the POEs can in no way accommodate the ability to replicate
the inbound inspection process. At a minimum, an additional
$2,600,000,000 would be required on an annual basis to procure
the equipment and hire the necessary staff to perform the same
level of outbound inspection activity as currently is provided
for inbound inspections. And this funding requirement does not
account for land purchases and construction of additional port
capacity, traffic lanes, and security. The Committee directs
DHS, GSA, and the Office of Management and Budget to develop a
multi-year strategy to address this growing trade and security
problem. This effort should include recommending alternative
options for funding POE construction and improvements, such as
expanded use of public-private partnerships, as well as any
necessary legislative solutions. The Committee encourages this
group to explore creative solutions currently under evaluation
for existing projects, as well as successful, alternatively-
funded public works projects in other countries. The Committee
directs DHS to convene the first strategy session to begin to
address this issue during the first quarter of fiscal year 2012
and to brief the Committee on the initial results of that
session not later than January 20, 2012.
The Committee notes CBP and GSA have entered into a
memorandum of understanding [MOU] defining and establishing a
joint management framework for the planning, management, and
execution of land border port of entry projects [POEs]. The MOU
outlines the fundamental tenets that will govern the management
of these projects. Given the importance of international trade
to the Nation's economic vitality, it is critical that
sufficient funding be provided to ensure our land ports of
entry are designed and modernized to best accommodate the flow
of commercial and passenger traffic. The Committee directs CBP
and GSA to jointly brief the Committee on Appropriations
semiannually on the implementation of the MOU and the status of
POE construction.
The Committee notes that secondary inspection operations at
certain POEs on the Southwest border are vulnerable to
observation by smuggling organizations south of the border. The
Committee encourages CBP to maximize the use of existing
resources to provide cover from exposure at these POEs and, if
necessary, request appropriate resources to do so as part of
the fiscal year 2013 budget request.
FIVE-YEAR CONSTRUCTION PLAN
The Committee again has included bill language requiring
CBP, in consultation with GSA, to include the 5-year
construction plan with the fiscal year 2013 request. The plan
shall include a yearly update of total projected future funding
needs.
The Committee directs the Department to continue to work
with the GSA on its nationwide strategy to prioritize and
address the infrastructure needs at land border POEs and to
comply with the requirements of the Public Buildings Act of
1959 (40 U.S.C. 3301) and seek necessary funding.
The Committee further directs the Department to encourage
the use of small businesses in all phases of the contracting
process for construction and renovation of POEs.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
CONSTRUCTION AND FACILITIES MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year 2012 Committee
2011 enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Facility construction and sustainment...................... 223,170 226,726 185,000
Program oversight and management........................... 36,310 57,096 54,096
----------------------------------------------------
Subtotal, Construction and facilities management..... 259,480 283,822 239,096
----------------------------------------------------------------------------------------------------------------
U.S. Immigration and Customs Enforcement
SUMMARY
U.S. Immigration and Customs Enforcement [ICE] is
responsible for enforcing immigration and customs laws and
detaining and removing deportable or inadmissible aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $5,846,435,000,
including direct appropriations of $5,534,566,000, and
estimated fee collections of $311,869,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 5,426,768 5,496,847 5,512,856
Automation modernization.............................. 73,852 13,860 21,710
Construction.......................................... ................ ................ ................
-----------------------------------------------------
Total, Appropriations............................... 5,500,620 5,494,407 5,534,566
=====================================================
Estimated Fee Collections:
Immigration inspection user fee....................... 116,387 116,869 116,869
Student exchange and visitor fee...................... 120,000 120,000 120,000
Breached bond/detention fund.......................... 75,000 75,000 75,000
-----------------------------------------------------
Total, Estimated fee collections.................... 311,387 311,869 311,869
=====================================================
Total, Available funding............................ 5,812,007 5,806,276 5,846,435
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
Appropriations, 2011.................................... $5,426,768,000
Budget estimate, 2012................................... 5,496,847,000
House allowance......................................... 5,523,474,000
Committee recommendation................................ 5,512,856,000
The ICE Salaries and Expenses account provides funds for
the enforcement of immigration and customs laws, intelligence,
and detention and removals. In addition to directly
appropriated resources, funding is derived from the following
offsetting collections:
Immigration Inspection User Fee.--ICE derives funds from
user fees to support the costs of detention and removals in
connection with international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Student Exchange Visitor Program Fee.--ICE collects fees
from foreign students, exchange visitors, and schools and
universities to certify and monitor participating schools, and
to conduct compliance audits.
Immigration Breached Bond/Detention Fund.--ICE derives
funds from the recovery of breached cash and surety bonds in
excess of $8,000,000 as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356); and from a portion of fees
charged under section 245(i) of the Immigration and Nationality
Act to support the cost of the detention of aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,512,856,000, for salaries and
expenses of ICE for fiscal year 2012. The Committee includes
bill language placing a $35,000 limit on overtime paid to any
employee; making up to $10,000,000 available for special
operations; making up to $2,000,000 available for the payment
of informants; making up to $11,216,000 available to reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled illegal aliens;
making not less than $305,000 available for promotion of public
awareness of the child pornography tipline and anti-child
exploitation activities; making not less than $5,400,000
available to facilitate agreements consistent with section
287(g) of the Immigration and Nationality Act; limiting the use
of funds for facilitating agreements consistent with section
287(g) of the Immigration and Nationality Act to the same
activities funded in fiscal year 2005; making $15,770,000
available for activities to enforce laws against forced child
labor, of which $6,000,000 shall remain available until
expended; making up to $12,750 available for official reception
and representation expenses; making $7,300,000 available until
September 30, 2013, for the Visa Security Program, and adding
bill language allowing support for overseas vetted units.
SOUTHWEST BORDER ENFORCEMENT INITIATIVE
In March 2009, the Secretary of Homeland Security announced
a major initiative to assist the Mexican Government in
combating drug cartel violence by deploying additional ICE and
U.S. Customs and Border Protection [CBP] personnel and
resources to the Southwest Border. With funds provided in the
Supplemental Appropriations Act, 2009 (Public Law 111-32), the
Department of Homeland Security Appropriations Act, 2010, the
fiscal year 2010 Emergency Border Security Supplemental
Appropriations Act, and the Department of Defense and Full-Year
Continuing Appropriations Act, 2011, more than $135,000,000 has
been added above the President's requests for ICE for Southwest
Border security, including investigations into outbound
smuggling activities of guns and bulk cash which support the
drug cartels, expanding the number of Border Enforcement
Security Task Forces [BESTs], as well as increasing the number
of agents, intelligence analysts, and support personnel along
the Southwest Border.
Since the Mexican Government began its offensive on drug
trafficking organizations in 2007, more than 34,000 people have
been killed; over 15,000 in 2010 alone. While the violence has
not spilled over the border into the United States, the level
of violence has increased the fears of many living in the
Southwest. As the drug cartels become more violent and fight
each other for access to smuggling routes, often robbing each
other of humans, drugs, or other contraband they are attempting
to smuggle into the United States, the costs of these efforts
escalate in both financial and human terms. These cartels are
increasing their presence in the United States.
ICE is uniquely situated to address this threat. It is the
only agency whose criminal mission revolves entirely around
cross-border crime, namely the smuggling of aliens, narcotics,
firearms, and bulk cash. ICE has a role in every form of
smuggling and is not limited to one type of contraband (such as
firearms or drugs). ICE also is unique in terms of the breadth
of its statutory authority under titles 8, 18, 19, 21, 22, 31,
and 50 of the United States Code. ICE also has unmatched
immigration authority among criminal investigative agencies.
Rather than addressing domestic drug dealing or firearms
violations, ICE is focused on cross-border narcotics and
firearms trafficking--offenses that are driving crime on the
Southwest Border. Thus, additional resources to ICE will
bolster the attack on every form of border crime.
The Committee encourages ICE to expand the use of
ballistics imaging technology and other methods, including the
capture and transfer of all ballistics images from guns seized
through southbound inspections or by Mexican authorities, to
trace weapons used in criminal acts in Mexico.
DOMESTIC INVESTIGATIONS
The Committee recommends $1,739,234,000, $25,000,000 above
the request, for domestic investigations. The Committee also
recommends $82,503,000, $1,000,000 above the request, for
intelligence.
TRADE COMPLIANCE AND ENFORCEMENT AND TRAFFICKING INVESTIGATIONS
Of the funds above the request, $5,000,000 is for enhancing
investigations of antidumping/countervailing duty [AD/CVD]
violations, intellectual property rights [IPR] investigations,
and severe forms of human trafficking and smuggling activities.
Additionally, $1,000,000 is to enhance and expand intelligence
activities to support these investigations. The Committee
encourages ICE to consider whether additional commercial fraud
investigators in the field offices would be a helpful resource
addition to address the AD/CVD problem. The Committee directs
ICE to submit to the Committee a plan for expenditure of these
additional, targeted resources within 90 days after the date of
enactment of this act. The Committee also directs ICE to submit
by February 13, 2012, a 3-year strategy to improve AD/CVD
enforcement.
The Committee notes that IPR violations, including
seemingly innocuous (to the average person, but extremely
detrimental to the industry) piracy of not-yet-released movies,
is a significant revenue source for transnational criminal
organizations including Mexican drug cartels. According to
officials at the IPR Coordination Center, these violations are
a low-risk/high-profit type of crime. The Center sees more
organized crime groups move into it because of the high-dollar
value to it. One of the Mexican gangs actually puts a stamp on
the counterfeit pirated DVDs that it sells, indicating the disc
is distributed by the cartel.
IMPROVING IMMIGRATION ENFORCEMENT ACTIVITIES
The Pew Hispanic Center estimates approximately 4 million
to 5.5 million of the estimated 11 million illegal aliens
(approximately 45 percent) in the United States are here as a
result of overstaying their legal visas (as opposed to crossing
our borders). This represents a growing illegal immigration
problem and security threat. While all of the 9/11 hijackers
entered the United States on legally valid visas, at least
three of them had overstayed or were otherwise in violation of
their status. An April 2011, Government Accountability Office
report, GAO-11-441, concludes that of the roughly 400 people
who have been convicted of any terrorism-related crimes since
September 11, 2001, 36 had overstayed their visas. In other
words, almost 10 percent of the people who have been convicted
of terrorism-related activities in the decade since 9/11 were
legal visitors who overstayed their visas and became illegal.
Additionally, DHS officials have reported to the Congress
that US-VISIT processes fewer than one-half of all potential
overstays identified by automated matching of entry and exit
records, and the GAO, in its report, found that the program has
an overall backlog of 1.6 million potential overstay records
that have not yet been processed.
The Committee notes that neither this administration nor
previous administrations have requested the necessary funds or
made addressing overstays a priority. Nor does ICE have the
systems to better coordinate overstay information with the US-
VISIT program.
The Committee provides an additional $20,000,000 above the
request for an immigration enforcement initiative with a
primary focus on addressing the issue of identifying and
prioritizing the removal of visa overstays. The Committee
directs ICE to coordinate with US-VISIT and develop a
comprehensive strategy to address the visa overstay problem.
The strategy should consider the suggestions offered by the
GAO. Funds are provided to continue modernizing the Alien
Criminal Response Information Management System [ACRIMe] to
support the identification of criminal aliens and individuals
attempting to overstay a visa, processing old fingerprint
records, and hiring additional personnel to search old records
and databases and eliminate the known, paper-based overstay
records backlog. The Committee directs submission of the
strategy not later than 120 days after the date of enactment of
this act.
The Committee understands that US-VIST has already begun to
address its overstay backlog and provides up to $5,000,000 of
the funds recommended in this initiative, via transfer, to US-
VISIT to continue this activity, and requests a joint briefing
with US-VISIT and ICE officials on this effort not later than
60 days after the date of enactment of this act.
Additionally, $5,000,000 of the funds recommended for this
initiative are provided for the hiring of authorized
professional staff at the Law Enforcement Support Center in
response to the increased workload for responses to
immigration-related inquiries by law enforcement.
OFFICE OF STATE, LOCAL, AND TRIBAL COORDINATION
The Committee recommends $68,321,000 and 155 positions and
FTE, as requested, for the Office of State, Local, and Tribal
Government Coordination. Included in this amount is funding for
training and information technology assistance for participants
in the 287(g) program as well as for the Office of State,
Local, and Tribal Coordination to support communication and
outreach efforts.
IMMIGRATION ENFORCEMENT
The 287(g) program is a voluntary program that allows ICE
to train local law enforcement agents to enforce Federal
immigration laws. After training, local law enforcement
personnel can determine an individual's immigration status and
file requests to ICE for the removal of individuals they
believe are illegal immigrants. Pursuant to its internal
policies, ICE is supposed to provide robust oversight of the
local officers enrolled in the 287(g) program to ensure
participants comply with all applicable Federal law enforcement
policies and procedures. A September 2010, OIG review of the
287(g) program [OIG-10-124] noted a number of shortcomings in
ICE's 287(g) training and program oversight. The OIG made 33
recommendations for ICE to improve the program. To maintain the
integrity of the 287(g) program, ICE is to implement the OIG
recommendations as expeditiously as possible, and is to be
commended for having already started this process. This
includes appropriate accountability and training standards and
instruction on multicultural communication and the avoidance of
racial profiling.
The Secure Communities program also requires careful
oversight and monitoring, but the approach has several
advantages to 287(g): it requires minimal training by ICE for
local employees, it is integrated into existing booking
procedures at prisons and jails, and it imposes no additional
workload on local employees. Further, Secure Communities
reduces the risk of potentially bias-driven status checks by
local officials since the backgrounds of all individuals in
local custody are checked in an identical manner. Most
importantly, Secure Communities also clearly delineates the
respective roles of Federal and local authorities in
immigration enforcement. In light of these advantages, ICE is
to be commended for its efforts in expanding the Secure
Communities program.
LAW ENFORCEMENT SUPPORT CENTER
The Committee recommends a total of $39,990,000, 346
positions and FTE, $5,000,000 above the amount requested in the
budget, to assist in responding to requests for assistance from
State and local law enforcement officers.
FORENSICS DOCUMENT LAB
The Committee recommends $14,357,000, 74 positions and FTE,
as requested, for the Forensics Document Lab [FDL]. The FDL
provides forensic document analysis and operations support
services to combat travel and identity document fraud.
DATA CENTER MIGRATION
As part of the Department-wide effort to assign data center
migration funding to the component agencies which will be
migrating, the Committee recommends $5,300,000 in new funding,
$5,200,000 below the level requested in the budget, to support
ICE's portion of this activity in fiscal year 2012.
INVESTIGATIONS--WORKSITE ENFORCEMENT
The Committee notes that Executive Order 12989--as amended,
June 6, 2008--remains in effect. The Executive order states, in
part:
``It is the policy of the executive branch to enforce fully
the immigration laws of the United States, including the
detection and removal of illegal aliens and the imposition of
legal sanctions against employers that hire illegal aliens.
Because of the worksite enforcement policy of the United States
and the underlying obligation of the executive branch to
enforce the immigration laws, contractors that employ illegal
aliens cannot rely on the continuing availability and service
of those illegal workers, and such contractors inevitably will
have a less stable and less dependable workforce than
contractors that do not employ such persons.''
The Committee recommends $134,626,000 for the overall level
of effort for worksite enforcement activities, as requested.
The Committee notes that the number of criminal and
administrative arrests has dropped since the new worksite
enforcement strategy was announced on April 30, 2009. Criminal
arrests related to worksite enforcement investigations dropped
from 1,103 in fiscal year 2008 to only 440 in fiscal year 2010.
Similarly, administrative arrests dropped from 5,184 in fiscal
year 2008 to 1,224 in fiscal year 2010.
While the Committee applauds the renewed vigor with which
ICE is performing I-9 (workplace authorization) audits in an
effort to target employers who knowingly hire illegal aliens,
which is something the Committee called for in Senate Report
110-396, it is not a complete solution.
The Committee directs ICE to provide quarterly briefings on
how it is meeting this level of effort no later than 30 days
after the end of each quarter.
The Committee directs ICE to provide an annual report on
the number of worksite enforcement investigations opened and
closed, employee and employer arrests--both criminal and
administrative, and the fines assessed and collected each
fiscal year. This report shall be submitted to the Committee
within 45 days after the end of each fiscal year. The Committee
also directs that the report for fiscal year 2011 should
include the same statistics for fiscal years 2007-2010.
IMAGE PROGRAM
ICE is directed to brief the Committees by April 13, 2012,
on its progress in implementing the ICE Mutual Agreement
between Government and Employers [IMAGE] program, and the
strategies being used to encourage more participation in the
program.
VISA SECURITY PROGRAM
The Visa Security Program, mandated in section 428 of the
Homeland Security Act of 2002 (Pubic Law 107-296), extends the
border overseas to prevent terrorists and other criminals from
receiving U.S. visas. The Office of International Affairs has
developed a multi-year expansion plan which includes a
prioritized expansion to the 32 highest-risk visa issuing
posts. According to the plan, the program will cover
approximately 75 percent of the highest risk visa activity
posts by 2013. The Committee recommends $38,289,000, $8,800,000
above the request, to fully fund planned visa security programs
and expand the units to four additional consular posts.
ICE INTELLIGENCE
The Committee recommends $82,503,000, an increase of
$1,000,000 above the request, for ICE intelligence activities.
The $1,000,000 above the request is discussed under
investigations.
DETENTION AND REMOVAL--CUSTODY OPERATIONS (BEDS)
The Committee recommends a total of $2,023,827,000, an
increase of $229,421,000 above the amount provided in fiscal
year 2011, as requested in the budget. The Committee notes that
what appears to be a significant increase between fiscal years
2011 and 2012 actually reflects the administration's proposal
to fund all detention beds within ``Custody Operations'' as
opposed to spreading the detention bed funding between that
activity, ``Fugitive Operations'', ``Criminal Alien Program'',
and ``Secure Communities''. The Committee strongly supports
this proposal to streamline the process to provide proper
accounting for bed funding. After all, a bed is a bed. This
framework provides better transparency into the actual costs of
each of these programs while ensuring that beds are available
for individuals who need to be detained.
The Committee encourages ICE to continue working to ensure
that its detention bedspace funding model is accurate and
reflects the actual cost of a bed as it develops the fiscal
year 2013 budget request. The Committee also requests that it
be briefed on the development of this bedspace cost model no
later than 90 days after the date of enactment of this act.
Maintaining an adequate number of detention beds is
critical to ensuring the integrity of our detention and removal
system while at the same time preventing a return to the ill-
advised ``catch and release'' policy. The Committee notes that
in fiscal year 2010, ICE removed a total of 392,625 illegal
aliens compared with 240,665 in fiscal year 2004. This clearly
demonstrates that the additional resources the Congress has
provided above the President's requests the past 6 fiscal years
for securing our borders continues to have an impact.
The bill continues current law directing that a detention
bed level of 33,400 beds shall be maintained throughout fiscal
year 2012.
The Committee encourages ICE's efforts to streamline and
make more efficient the removal process once individuals are
determined to be removable and urges ICE to look at ways to
increase the short-term detention capacity in certain locations
such as the southeastern region of the United States while
minimizing the loss of existing detention capacity, personnel,
and contracts at the other facilities.
DETENTION CARE AND STANDARDS
The Committee strongly supports ICE's recent efforts to
review and improve upon its detention care and standards. It is
imperative that individuals detained in ICE-owned or -
contracted facilities be provided the highest levels of care,
including medical care, and treatment. The Committee is
encouraged that ICE has begun this effort by reviewing its
detention standards and placing an ICE officer in the 50
largest contract detention facilities. This was one of the
recommendations in the October 6, 2009, Immigration Detention
Overview and Recommendations report. The Committee notes that
no funds were requested in the budget to implement these
recommendations and the Committee encourages that, to the
extent ICE intends to act on these recommendations, sufficient
funds be included in the fiscal year 2013 request to do so. The
Committee also encourages ICE to consider creating an ombudsman
to independently investigate complaints about detainee
treatment in detention facilities and report not later than 180
days after the date of enactment of this act on its decision in
this regard.
The Committee notes that a recent DHS Office of the
Inspector General report (``Management of Mental Health Cases
in Immigration Detention''--OIG-11-62), has identified
significant medical staffing vacancies at ICE detention
facilities. Clinical staffing levels have not been, but must
be, aligned with projected healthcare needs at the various
detention facilities, so that ratios of health professionals to
detainees with medical and mental healthcare needs are adequate
and consistent throughout the detention system. The Committee
directs ICE to submit a report not later than December 1, 2011,
detailing the specific steps it has taken since submission of
the October 6, 2009, Immigration Detention Overview and
Recommendations report to improve and reform the detention
process and meet the goals outlined in that report, as well as
what steps have been taken to rectify the issues identified in
OIG-11-62.
In 2003, Congress passed the Prison Rape Elimination Act
into law. The Committee understands that ICE has revised its
Performance Based National Detention Standards, including the
standard concerning the prevention of sexual assault, and urges
ICE to expeditiously approve and implement the revised
standards.
DETENTION AND REMOVAL--FUGITIVE OPERATIONS
Included in the amount recommended by the Committee is
$154,597,000, 667 positions and FTE, as requested in the
budget. The National Fugitive Operations Program is responsible
for reducing the fugitive alien population in the United
States. As of May 31, 2011, ICE estimates that there are
approximately 489,018 immigration fugitives in the United
States, a decrease of more than 143,708 since October 2006. ICE
works to reduce the population of these fugitives from the law
through the use of Fugitive Operations teams. All 104 Fugitive
Operations teams are operational and conducting enforcement
operations. Funds associated with detention beds are provided
in the ``Custody Operations'' account.
DETENTION AND REMOVAL--ALTERNATIVES TO DETENTION
The Committee recommends a total of $72,373,000, 182
positions and FTE, as requested in the budget. The Committee
encourages ICE to prioritize enrollment of families with
children in this program, to continue to use intensive
supervision, and directs ICE to brief the Committee
semiannually on the program beginning no later than 90 days
after the date of enactment of this act.
The Committee directs ICE to continue to submit the report
on collection of data on deportation of parents of U.S.-born
children, as mandated in the joint explanatory statement
accompanying Public Law 111-83, to the Senate Committee on
Appropriations and the Committee on the Judiciary.
DETENTION AND REMOVAL--TRANSPORTATION AND REMOVAL
Included in the amount recommended by the Committee is
$276,632,000, as requested in the budget, for all ICE-related
transportation and removal activities.
DETENTION AND REMOVAL--CRIMINAL ALIEN PROGRAM
Included in the amount recommended by the Committee is
$196,696,000, 1,211 positions and FTE, as requested in the
budget. ICE is funded for 126 Criminal Alien Program teams and
in fiscal year 2009 it charged over 217,000 aliens in jails.
Funds associated with detention beds are provided in the
``Custody Operations'' account.
SECURE COMMUNITIES
The Committee recommends $184,064,000, 782 positions, and
667 FTE, as requested. Congress initiated this program in
fiscal year 2008 and has provided total new funding of
$749,600,000 over the past 4 years. Secure Communities focuses
on interoperability, using biometrics to ensure that any
individual booked into a jail or other facility is indeed who
he or she claims to be and also is able to determine, by
running fingerprints against the IDENT and IAFIS databases, the
immigration status of the individual. It is important to
remember that Secure Communities is applied to everyone booked
into a jail. All individuals are treated the same and no
profiling occurs. Through the use of biometrics, ICE is able to
determine not only immigration status, but also if the
individual has committed more serious crimes in the past (so
while they are booked on what appears to be a lower level
crime, Secure Communities is able to determine the entirety of
an alien's criminal history).
The Committee is pleased that the administration has
embraced this program as one of many tools at its disposal to
identify and remove illegal aliens, particularly criminal
aliens, and otherwise enforce our Nation's existing immigration
laws. In fiscal year 2010, Secure Communities expanded coverage
to establish biometric identification of arrested criminal
aliens in more than 180 counties. Secure Communities' threat-
based deployment schedule prioritizes those counties with the
highest threat criminal alien populations first, consisting
primarily of counties in major metropolitan areas throughout
the country as well as all counties along the Southwest Border.
From fiscal years 2008 through 2010, 447,115 criminal aliens
were removed. Between October 2008 and October 2010, the number
of convicted criminals that ICE removed from the United States
increased 71 percent, while the number of non-criminals removed
dropped by 23 percent. Secure Communities estimates that after
deploying to the additional counties funded in this request,
ICE will cover more than 84 percent of the Nation's criminal
alien population. The Department anticipates that, with
continued funding, including redeployment of existing
resources, it will establish biometric identification of
arrested criminal aliens in all counties that are able to
participate by calendar year 2013. The Committee notes that on
August 5, 2011, ICE wrote the Governors of the States currently
participating in Secure Communities clarifying the parameters
under which the program will operate as the program moves
toward national deployment by the end of 2013.
The Committee has included bill language, as requested,
ensuring that all illegal aliens encountered when enforcing our
immigration laws are apprehended. The Committee also directs
ICE to continue to provide quarterly briefings on progress
being made in implementing the Secure Communities program. The
briefings shall include Secure Communities' impact on removals
reporting at the level of detail of the quarterly detention and
removals report. Additionally, the briefings shall include
quarterly data on the number of instances in which Secure
Communities identifies when someone who is arrested is in this
country illegally, the number of times ICE issues a detainer on
such individuals, the major categories for the reasons why a
decision is made to issue or not issue a detainer, and the
number deported. The first briefing should occur no later than
45 days after the date of enactment of this act.
According to an April 22, 2011, Congressional Research
Service memorandum regarding quantifying the criminal alien
population, in fiscal year 2008 non-U.S. citizens comprised 7.1
percent of the U.S. population while comprising 23.1 percent of
the Federal prison population. Clearly there are significant
numbers of criminal aliens who should be identified and removed
upon the completion of the prison sentences.
In anticipation of Secure Communities' full deployment in
2013, the Committee encourages ICE to consider centralizing
management of Secure Communities under the direction of the
Criminal Alien Program. It is incumbent upon ICE to continue to
ensure that all efforts are made to arrest and remove criminal
aliens from the community by ensuring an expeditious order of
removal and securing a final order of removal prior to the
termination of an incarcerated alien's period of imprisonment.
ICE is directed to brief the Committee no later than November
1, 2011 on any plan to realign the Secure Communities program
under the Criminal Alien Program and, if appropriate, include
such a centralization in the President's fiscal year 2013
budget request.
DETENTION AND REMOVAL REPORTING
The Committee continues to request ICE to submit a
quarterly report to the Committee which compares the number of
deportation, exclusion, and removal orders sought and obtained
by ICE. Currently, the report is 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 Committee welcomes suggestions from
ICE on ways to provide more appropriate data in this report and
urges ICE to provide suggestions to the Committee on revisions
to the details of this report by November 1, 2011. The first
fiscal year 2012 quarterly report is to be submitted no later
than January 15, 2013.
PERSONNEL RECOVERY UNITS
The recent death and injury of Special Agents in Mexico are
reminders of the dangers law enforcement agents face in the
line of duty. The Committee supports ICE's efforts to establish
and maintain a personnel recovery program to ensure security of
ICE agents and support staff overseas. The Committee directs
ICE to establish a trained unit that will be capable of
deploying and managing an abduction or evacuation of ICE
personnel overseas and identifying necessary equipment and
training for deployed agents and their direct family members
and report back on its efforts in this regard.
OVERSEAS VETTED UNITS OPERATIONS
ICE works closely with its partners in law enforcement in
many countries around the world. One tool that has proven
especially important has been the use of vetted units. The
Committee has included bill language clarifying that ICE may
use appropriated funds to continue supporting overseas vetted
units operations.
FORENSIC EVIDENCE PROTOCOLS
The Committee directs CBP and ICE to brief jointly the
Committee not later than April 13, 2012, on what standardized
policies for treatment of forensic evidence from crime scenes
against Federal officials or others when local agencies are
involved are currently in use, whether or not separate
memoranda of understanding are necessary with local
jurisdictions, and if all guns, bullet casings, and shells are
put through Federal systems such as E-trace and the National
Integrated Ballistics Imaging Network [NIBN].
SECURITY FOR THE ASSISTANT SECRETARY OF IMMIGRATION AND CUSTOMS
ENFORCEMENT
Like other senior Federal law enforcement officials, the
Assistant Secretary for ICE could be targeted by the criminal
organizations that are under ICE investigation. Although there
is no current evidence of specific threats against the
Assistant Secretary for ICE, the Committee has no objection to
on-going security evaluations and the provision of any
protective security measures determined necessary.
TRAINING REGARDING HUMAN TRAFFICKING
ICE plays a critical role in investigating criminal
organizations trafficking individuals into the United States.
The Committee encourages ICE to work with appropriate nonprofit
organizations and victim service providers to improve the
training of ICE officers in the field to assist in the
identification of human trafficking victims and provide
appropriate referrals to victim service organizations.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year 2012 Committee
2011 enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, management, and administration:
Personnel compensation and benefits, services, and 295,121 237,842 227,251
other costs...........................................
Headquarters-managed IT investment......................... 219,363 194,727 186,527
----------------------------------------------------
Subtotal, Headquarters, management, and 514,484 432,569 413,778
administration......................................
====================================================
Legal proceedings.......................................... 221,666 215,935 215,935
====================================================
Investigations:
Domestic............................................... 1,702,038 1,714,234 1,739,234
International operations............................... 112,872 114,928 114,928
Visa Security Program.................................. 35,686 29,489 38,289
----------------------------------------------------
Subtotal, Investigations........................... 1,850,596 1,858,651 1,892,451
====================================================
Intelligence............................................... 69,842 81,503 82,503
====================================================
Detention and removal operations:
Custody operations..................................... 1,794,406 2,023,827 2,023,827
Fugitive operations.................................... 229,682 154,597 154,597
Criminal Alien Program................................. 192,539 196,696 196,696
Alternatives to detention.............................. 72,075 72,373 72,373
Transportation and Removal Program..................... 281,878 276,632 276,632
----------------------------------------------------
Subtotal, Detention and removal operations........... 2,570,580 2,724,125 2,724,125
====================================================
Identification and removal of criminal aliens (Secure 199,600 184,064 184,064
Communities)..............................................
====================================================
Subtotal, Salaries and expenses...................... 5,426,768 5,496,847 5,512,856
----------------------------------------------------------------------------------------------------------------
AUTOMATION MODERNIZATION
Appropriations, 2011.................................... $73,852,000
Budget estimate, 2012................................... 13,860,000
House allowance......................................... 23,860,000
Committee recommendation................................ 21,710,000
The Automation Modernization account provides funds for
major information technology [IT] projects for U.S. Immigration
and Customs Enforcement [ICE], including the Atlas Program,
modernization of TECS (formerly known as the Traveler
Enforcement and Compliance System), modernization of Detention
and Removal Operations' IT systems for tracking detainees (DRO
Modernization), and other systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total of $21,710,000, $7,850,000
above the request. These funds are to remain available until
expended.
The Committee directs that, of the funds made available to
this account, priority shall be given to TECS modernization.
ICE must make more progress implementing its electronic
health records (eHR) program. Given that ICE detainees are
often transferred between several detention facilities before
their immigration cases are decided, portable medical records
are an important part of ensuring the health of all those held
in the agency's custody. The ICE Chief Information Officer is
directed to update the Committees on the status of the eHR
initiative and the anticipated timeline for a fully implemented
system.
The Committee also continues the requirement for semiannual
briefings on this activity.
CONSTRUCTION
Appropriations, 2011....................................................
Budget estimate, 2012\1\................................................
House allowance\2\......................................................
Committee recommendation................................................
\1\Excludes a proposed cancellation of $16,300,000.
\2\House rescission of $11,300,000 contained in title V.
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, detention, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee notes that the President requests no funds
for ICE Construction and proposes to cancel $16,300,000 in
unobligated Construction balances. The Committee rejects this
cancellation and notes that ICE is reviewing the possible
privatization of the Service Processing Centers which it owns.
The Department intends that carryover funds within the no-year
Construction account will be used for emergency repairs and
alterations, especially those focused on life and safety. The
Committee also notes that not funding this account will have no
impact on the ability of ICE to continue to detain illegal
aliens at other locations around the country.
The Committee encourages the use of public-private
partnerships wherever possible. As it considers future use and
possible disposal of ICE-owned Service Processing Centers, the
Committee urges ICE to develop a comprehensive plan for
conversion of these facilities and provide recommended options
within the framework of a public-private partnership.
The bill includes a general provision, requested in the
budget, providing ICE with the authority to dispose of ICE-
owned facilities and retain the receipts to provide repairs and
alterations to other facilities. Bill language is also included
mandating that any sale or collocation of ICE-owned facilities
will not result in a reduction of detention bedspace below
33,400 beds and requiring 15-day notification to the
Committees.
Transportation Security Administration
The Transportation Security Administration [TSA] is charged
with ensuring security across U.S. transportation systems,
including aviation, railways, highways, pipelines, and
waterways, and safeguarding the freedom of movement of people
and commerce. Separate appropriations are provided for the
following activities within TSA: aviation security; surface
transportation security; transportation threat assessment and
credentialing; transportation security support; and Federal Air
Marshals.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$7,905,769,000 and a net of $5,305,449,000 for the activities
of TSA for fiscal year 2012.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
TRANSPORTATION SECURITY ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation Security...................................... 5,213,307 5,401,165 5,293,566
Aviation Security Capital Fund (mandatory)............. 250,000 250,000 250,000
Surface Transportation Security........................ 105,749 134,748 134,748
Transportation Threat Assessment and Credentialing 162,673 183,954 163,954
(direct appropriations)...............................
Transportation Threat Assessment and Credentialing (fee- 41,220 40,320 40,320
funded programs)......................................
Transportation Security Support........................ 986,661 1,113,697 1,042,066
Federal Air Marshals................................... 927,942 991,375 981,115
--------------------------------------------------------
Total, Transportation Security Administration 7,687,552 8,115,259 7,905,769
(gross).........................................
========================================================
Offsetting Fee Collections--current law................ -2,100,000 -2,030,000 -2,030,000
Offsetting Fee Collections--proposed increase.......... ................. -280,000 -280,000
Aviation Security Capital Fund (mandatory)............. -250,000 -250,000 -250,000
Fee Accounts [TTAC].................................... -41,220 -40,320 -40,320
--------------------------------------------------------
Total, Transportation Security Administration 5,296,332 5,514,939 5,305,449
(net)...........................................
----------------------------------------------------------------------------------------------------------------
AVIATION SECURITY
Appropriations, 2011.................................... $5,213,307,000
Budget estimate, 2012................................... 5,401,165,000
House allowance......................................... 5,224,556,000
Committee recommendation................................ 5,293,566,000
The Transportation Security Administration [TSA] aviation
security account provides for Federal aviation security,
including screening of all passengers and baggage, deployment
of on-site law enforcement, continuation of a uniform set of
background requirements for airport and airline personnel, and
deployment of explosives detection technology.
The aviation security activities include funding for:
Federal transportation security officers [TSOs] and private
contract screeners; air cargo security; procurement,
installation, and maintenance of explosives detection systems;
checkpoint support; and other aviation regulation and
enforcement activities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,293,566,000 for aviation
security, $107,599,000 below the amount requested and
$80,259,000 above the fiscal year 2011 level.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
AVIATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screening Operations................................... 4,266,073 4,316,308 4,193,246
Aviation Security Direction and Enforcement............ 947,234 1,084,857 1,100,320
Aviation Security Capital Fund (mandatory)............. [250,000] [250,000] [250,000]
--------------------------------------------------------
Total, Aviation Security......................... 5,213,307 5,401,165 5,293,566
----------------------------------------------------------------------------------------------------------------
AVIATION SECURITY FEES
The President's budget assumes fiscal year 2012 aviation
security fee collections of $2,961,500,000, including a
proposal to collect an additional $589,940,000 through an
increase in the fee passengers pay. The Congressional Budget
Office, in its analysis of the President's budget, has re-
estimated collections from aviation security fees to be
$2,560,000,000. According to estimates by the Congressional
Budget Office, this amount is made up of $2,140,000,000 from
passengers and $420,000,000 from air carriers. The amount
estimated to come from passengers includes the administration's
proposal to increase aviation passenger fees by $1.50 in fiscal
year 2012, generating an additional $280,000,000 in offsetting
collections.
The Aviation and Transportation Security Act (Public Law
107-71) mandated that TSA impose a flat fee of $2.50 per
segment and no more than $5 per one-way trip on passengers to
pay for the costs of providing specified civil aviation
security services. Security costs covered by offsetting fee
collections represented 32 percent of aviation security costs
in fiscal year 2002 as compared to 26 percent in fiscal year
2011. The Committee recommendation includes bill language to
increase the fee for fiscal year 2012, which will ensure that
aviation customers, not general taxpayers, pay for a portion of
the growth in aviation security costs. The Committee has not
approved the President's proposal to provide the Secretary with
permanent authority to increase aviation security fees, a
proposal that should be considered by the Committee of
jurisdiction.
The Committee is also concerned about the impact airline
checked baggage fees are having on security at airport
checkpoints. According to TSA, there has been a notable change
in carry-on baggage volume that directly correlates to the
imposition of these fees. This has increased checkpoint
security requirements and processing times. According to DHS,
in 2000, it cost less than a $1 to screen each passenger and
accompanying baggage. In fiscal year 2010, the average cost for
TSA to screen a passenger and accompanying baggage has
increased to nearly $9, due in part to airline imposed checked
baggage fees that have resulted in TSA screening 56 million
additional carry-on bags at airport checkpoints annually. As a
result of additional carry-on luggage at airport security
checkpoints, TSA estimates it is spending an additional
$260,000,000 to support passenger throughput rates, which is
detracting from other security programs. The Committee
encourages the Department to seek legislation authorizing TSA
to recoup these costs from the airlines.
SCREENING OPERATIONS
The Committee recommends $4,193,246,000 for TSA screening
operations, $123,062,000 below the amount requested and
$72,827,000 below the fiscal year 2011 level. The
recommendation maintains operational levels funded in fiscal
year 2011, including the realignment of Bomb Appraisal Officers
from the ``Passenger and baggage screener personnel,
compensation, and benefits'' PPA to the ``Airport management
and support'' PPA under ``Aviation Security Direction and
Enforcement''.
The recommendation includes the annualization of screeners
to staff 1,000 Advanced Imaging Technology [AIT] units funded
in prior fiscal years and the requested procurement of an
additional 275 AIT machines and the personnel to staff them.
TSA has indicated that the last 250 AIT machines funded in
fiscal year 2011 and the additional 275 machines requested for
fiscal year 2012 will be fielded later than originally
anticipated in the budget request. Therefore, the
recommendation includes the requested number of positions for
AIT staffing, but the amount funded is $25,000,000 below the
request because hires will be made later in the fiscal year.
The recommendation includes an increase of $10,950,000 and
175 FTE for TSA's behavior detection officer [BDO] program. Of
this amount, $8,862,000 is included in ``Screening
Operations''. As discussed later in this report, TSA is to
continue evaluating this program as recommended in a recent
independent study.
The recommendation does not include $39,200,000 for
portable explosives trace detection [ETD] units requested in
the ``Checkpoint support'' PPA. All 800 ETD units TSA requires
were already funded in fiscal year 2011.
A total of $222,738,000 is provided for procurement and
installation of explosives detection systems [EDS], $50,000,000
below the request. Between ARRA and funding in fiscal years
2010 and 2011, over $1,810,000,000 has been appropriated for
EDS airport improvement projects. The Committee recommendation
includes bill language providing TSA with more flexibility in
allocating EDS funding for procurement and installation in the
Aviation Security Capital Fund.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
SCREENING OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screener Workforce:
Privatized Screening Airports......................... 144,470 144,193 144,193
Passenger and baggage screener personnel, compensation 2,920,813 3,060,493 3,028,381
and benefits.........................................
-----------------------------------------------------
Subtotal, Screener Workforce...................... 3,065,283 3,204,686 3,172,574
=====================================================
Screener Training and Other............................... 243,402 252,526 250,776
Checkpoint Support........................................ 328,843 254,093 214,893
Explosives Detection Systems/Explosives Trace Detection
[EDS/ETD]:
EDS/ETD purchase and installation..................... 290,843 272,738 222,738
Screening technology maintenance and utilities........ 316,247 332,265 332,265
Operation Integration................................. 21,455 ................ ................
=====================================================
Subtotal, EDS/ETD Systems........................... 628,545 605,003 555,003
=====================================================
Total, Screening Operations......................... 4,266,073 4,316,308 4,193,246
----------------------------------------------------------------------------------------------------------------
PRIVATIZED SCREENING AIRPORTS
The Committee recommends $144,193,000 for privatized
screening airports, the same amount as requested in the budget
and $277,000 below the fiscal year 2011 level. The budget
request supports funding requirements for the 16 airports that
participate in the program.
TSA shall notify the Committee if the agency expects to
spend less than the appropriated amount due to situations where
no additional airports express interest in converting, either
fully or partially, to privatized screening, or where airports
currently using privatized screening convert to using Federal
screeners. TSA shall adjust its PPA line items, and notify the
Committee within 10 days, to account for any changes in private
screening contracts, including new awards under the SPP, or the
movement from privatized screening into Federal screening. The
Committee also expects to be briefed on any proposed changes
being considered for the SPP program.
PASSENGER AND BAGGAGE SCREENER PERSONNEL, COMPENSATION AND BENEFITS
The Committee recommends $3,028,381,000 for passenger and
baggage screener personnel, compensation, and benefits,
$32,112,000 below the amount requested and $107,568,000 above
the fiscal year 2011 level. The recommendation includes the
proposed realignment of $44,100,000 and 406 FTE to the airport
management PPA. The recommendation also includes necessary
resources for TSA to appropriately staff 1,000 Advanced Imaging
Technology units funded in prior years and 275 additional units
recommended for fiscal year 2012.
The Committee does not include a statutory cap on TSA
screening personnel. Consistent with the 9/11 Act, the
Secretary of Homeland Security shall recruit and hire screeners
as may be necessary to provide appropriate levels of aviation
security and to ensure that average passenger wait times do not
exceed 10 minutes.
The Committee is concerned about TSA staffing levels at the
Nation's largest airports, especially those with a high number
of security breaches, and whether these staffing levels are
sufficient to prevent security breaches and keep passengers
screening wait times less than 10 minutes.
BEHAVIOR DETECTION
The Committee recommends $215,587,000 and 3,161 FTE for
TSA's behavior detection program known as SPOT or ``Screening
Passengers by Observation Techniques'', $7,112,000 and 175 FTE
above the amount enacted in fiscal year 2011 and one-half of
the requested increase. An additional $3,838,000 is included in
other TSA appropriations to support this initiative. The SPOT
program employs TSOs using behavior observation and analysis
techniques to identify and screen travelers of interest. The
Department recently completed a Science and Technology [S&T]
sponsored study examining whether SPOT techniques result in
correct screening decisions at airport checkpoints when
compared to random screening. While the study found evidence
positively connecting SPOT procedures over random screening to
the identity of travelers purposefully trying to defeat TSA
security, the study also concluded that additional research is
necessary to validate the program's effectiveness. Equally
important to the Committee is the report's strong
recommendation for the Department to conduct ``a comprehensive
program evaluation that includes an examination of procedures
for employee selection, training, and performance management;
consideration of resource management; cost-benefit analysis;
and other such tasks that might influence the outcomes that
result from the use of SPOT.'' TSA is to brief the Committee no
later than 90 days after the date of enactment of this act on
the actions taken to address these and other recommendations
made in the S&T sponsored report, as well as steps it has taken
to address the validation, management, and information sharing
issues identified in GAO's May 2010 review of SPOT (GAO-10-
763).
SCREENER TRAINING AND OTHER
The Committee recommends $250,776,000 for screener training
and other, $1,750,000 below the amount requested in the budget
and $7,374,000 above the fiscal year 2011 level. Funds are
provided to support training of Transportation Security
Officers [TSOs] and other direct costs associated with TSO
operations, such as: consumable supplies, checkpoint janitorial
services, travel for the National Deployment Force, uniform
allowances, hazardous materials disposal, and a model workforce
program. The recommendation includes an additional $3,861,000,
as requested, for training, uniforms, and consumables needed to
support the additional AIT machines and associated staffing and
$1,750,000, as requested, for training and uniforms for new
behavior detection officers.
SCREENING OF SPECIAL POPULATIONS
The Committee is aware that security screening in the
airport environment may be particularly challenging for
passengers with physical or mental disabilities, like autism.
The introduction of Advanced Imaging Technology [AIT] and new
pat-down procedures has magnified the challenge of airport
screening for many of these individuals. TSA shall continue to
refine its training programs and standardize its screening
process to ensure that the TSA workforce is more attuned to
assisting disabled populations move through the aviation
security process. The Committee supports ongoing efforts TSA is
undertaking to revamp its training to include up-to-date
disability-related information as well as planned training
courses focusing on communications skills to provide better
customer service to all travelers, including passengers with
disabilities. TSA is to work in coordination with airlines,
airports, and cross-disability/medical organizations to design
education and outreach programs that will ensure access to the
Nation's aviation system is available to everyone. TSA shall
also work with airports to expand mock boarding events, such as
those held for families with autistic children. Events like
these provide TSOs with training on how to appropriately
interact with and be sensitive to persons with special needs.
TSA is to brief the Committee no later than 90 days after the
date of enactment of this act on its efforts in this area.
TSA shall also continue to streamline and improve the
screening experience for young passengers and train officers to
work with parents to ensure a secure and respectful checkpoint
screening process.
CHECKPOINT SUPPORT
The Committee recommends $214,893,000 for checkpoint
support, $39,200,000 below the amount requested in the budget
and $113,950,000 below the fiscal year 2011 level. Funds are
provided to field test and deploy equipment for passenger
screening, carry-on baggage screening, checkpoint
reconfiguration, electronic surveillance of checkpoints, and
operational integration of systems.
The recommendation includes $76,983,000, as requested, to
procure an additional 275 AIT units in fiscal year 2012,
bringing the total number of AIT units funded to 1,275. AIT
screens passengers for concealed weapons (metal and nonmetal),
explosives, and other prohibited items, and is the most
effective passenger screening technology currently available.
TSA estimates that approximately 80 percent of the traveling
public will be screened by AIT if the request is approved
compared to only 60 percent if denied. This percentage
difference equates to approximately 350,000 passengers a day
that would otherwise use the walk-through metal detector, which
cannot detect nonmetal weapons and explosives.
The Committee is encouraged by TSA efforts to deploy
automated target recognition [ATR] capability with AIT
millimeter wave units. ATR displays a generic outline of a
person on a monitor attached to an AIT unit, which
significantly improves privacy protections through the
elimination of private rooms where human operators view AIT
images. Testing results have shown that an AIT with ATR
technology outperforms an AIT with an image operator and has
increased the speed at security lanes where it has been
deployed. TSA is to brief the Committee not later than 30 days
after the date of enactment of this act on AIT. The briefing is
to include: procurement details; cost; schedule; associated
staffing requirements; utilization rates; deployments; and
progress on ATR development for AIT backscatter units and ATR
deployment.
The recommendation does not include $39,200,000, as
requested, to purchase 385 portable ETD units to detect residue
from explosives material on passengers at lanes not covered by
an AIT. All 800 ETD units necessary to reach TSA's full
operating capability were already funded in fiscal year 2011.
Funds are also included, as requested, to purchase other
checkpoint security systems, including: next generation
explosives trace detectors; automated wait time technology;
shoe scanning devices; advanced technology; and advanced
surveillance camera systems for airports.
EXIT LANE SECURITY
No later than 180 days after the date of enactment of this
act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall submit a report
that makes recommendations for improving the security of each
location at an airport where passengers exit the sterile area.
The report shall include:
--an assessment of the differences in configurations of such
locations; and
--an evaluation of options for improving security at such
locations, such as increasing personnel assigned to
exit lanes and the use of technology to improve
security.
The report shall be submitted to the Committee on
Appropriations and the Committee on Commerce, Science, and
Transportation.
A general provision is included providing for increased
penalties for violating security regulations at airports.
EXPLOSIVES DETECTION SYSTEMS
The Committee recommends $222,738,000 in discretionary
appropriations for explosives detection systems [EDS]
procurement and installation, $50,000,000 below the amount
requested in the budget and $68,105,000 below the fiscal year
2011 level. An additional $250,000,000 in mandatory spending
will be available from Aviation Security Capital Fund [ASCF]
fee collections. The total discretionary and mandatory funding
will allow TSA to fund recapitalization and in-line projects at
over 20 airports.
Current law requires that the $250,000,000 in annual
mandatory funding deposited into the ASCF is to be available
for airport security improvement projects, such as facility
modifications. However, procurement and installation of EDS
equipment associated with these projects is not permitted. With
a diminishing base of airport applications seeking large
improvement projects and the need to replace aging EDS machines
currently deployed at airports, the recommendation includes
bill language, as requested, to permit ASCF funding to be used
to procure and install EDS equipment during fiscal year 2012.
This change will allow TSA to more effectively, economically,
and expeditiously plan and implement the acquisition and
replacement of existing EDS units. TSA is to work with the
appropriate Committees of jurisdiction if it desires a
permanent solution to this problem.
The Committee supports TSA's efforts to complete a
competitive procurement process for all three classes of EDS
machines, including more rigid requirements for detection,
lower false alarm rates, and screening. TSA shall regularly
brief the Committee on its progress to meet this goal,
including results from certification testing at the
Transportation Security Laboratory and operational test and
evaluation at selected airports. The Committee is aware of
schedule delays that have occurred in the acquisition process.
The briefings shall also include updates on TSA's strategy to
avoid such delays. TSA shall also update the Committee on its
implementation of recommendations made by GAO to ensure that
TSA's plans to enhance detection requirements are met (GAO-11-
327SU).
EXPENDITURE PLANS FOR EDS/CHECKPOINT TECHNOLOGIES
The Committee includes statutory language under the
``Transportation Security Support'' appropriation withholding
the obligation of $25,000,000 for headquarters administration
until TSA submits to the Committee, no later than 60 days after
the date of enactment of this act, detailed expenditure plans
for fiscal year 2012 for checkpoint security and EDS
refurbishment, procurement, and installations on an airport-by-
airport basis. The withholding is included to encourage timely
submissions of materials necessary for robust and informed
oversight. The plans shall include specific technologies for
purchase, program schedules and major milestones, a schedule
for obligation of the funds, and a table detailing actual
versus anticipated unobligated balances at the close of the
fiscal year. TSA shall brief the Committee at the end of the
second, third, and fourth quarters with an update on EDS and
checkpoint expenditures, including an explanation of any
deviation from the original plan.
FIVE-YEAR STRATEGIC PLAN OF INVESTMENTS
TSA's budget submission, as it is currently structured,
provides limited understanding of TSA's total acquisition costs
for passenger screening technologies and how these technologies
link to TSA's near-term and long-term vision for its screening
responsibilities. It is important for the Committee to have a
better understanding of future acquisition needs and the
resources necessary to execute them. While the budget
justification includes the total number of assets necessary to
meet full operating capability, it does not include a future-
years financial plan to achieve the desired end state.
Therefore, the Committee directs TSA to include a 5-year budget
estimate within the annual congressional budget justification,
beginning with fiscal year 2013, that includes projected
funding levels for the next 5 fiscal years individually for all
passenger screening technology acquisitions. The plan shall
also indicate the total cost and estimated completion date for
each technology.
INSTALLATION OF OPTIMAL BAGGAGE SCREENING SYSTEMS AND FTE SAVINGS
With the large influx of funding provided in this act and
in prior appropriations acts for EDS procurement and
installation, TSA is able to greatly expedite the deployment of
in-line checked baggage screening systems, thereby permitting a
reduction in personnel. For instance, by the end of fiscal year
2011, TSA estimates that 187 airports will have optimal checked
baggage screening solutions. TSA shall report to the
Committees, in tandem with the annual budget request, on the
savings achieved and anticipated by fiscal year from the
installation of new in-line systems.
AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS FOR IN-LINE BAGGAGE SYSTEM
DEPLOYMENT
As required by the 9/11 Act, TSA is to give funding
consideration to airports that incurred eligible costs for EDS
and that were not recipients of funding agreements. The fiscal
year 2012 EDS expenditure plan shall identify airports eligible
for funding pursuant to section 1604(b)(2) of Public Law 110-53
and funding, if any, allocated to reimburse those airports.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES
The Committee recommends $332,265,000 for screening
technology maintenance and utilities, the same level as
requested in the budget and $16,018,000 above the fiscal year
2011 level.
OPERATION INTEGRATION
Funding for operation integration is included within the
``checkpoint support'' and ``EDS procurement and installation''
PPA's as requested. Funds are provided to test, evaluate, and
analyze pre-production or production representative systems
under realistic conditions, including operation by those who
will use the equipment in the field in a variety of
environmental conditions.
AVIATION SECURITY DIRECTION AND ENFORCEMENT
The Committee recommends $1,100,320,000 for aviation
security direction and enforcement, $15,463,000 above the
amount requested in the budget and $153,086,000 above the
fiscal year 2011 level. The following table summarizes the
Committee's recommendations as compared to the fiscal year 2011
and budget request levels:
AVIATION SECURITY DIRECTION AND ENFORCEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation regulation and other enforcement................. 318,285 373,239 382,989
Airport management and support............................ 489,142 571,503 571,216
Federal flight deck officer and flight crew support....... 25,118 25,461 25,461
Air cargo................................................. 114,689 114,654 120,654
-----------------------------------------------------
Total, Aviation Security Direction and Enforcement.. 947,234 1,084,857 1,100,320
----------------------------------------------------------------------------------------------------------------
AVIATION REGULATION AND OTHER ENFORCEMENT
The Committee recommends $382,989,000 for aviation
regulation and other enforcement, $9,750,000 above the amount
requested in the budget and $64,704,000 above the fiscal year
2011 level. The recommended amount provides for law enforcement
and regulatory activities at airports to: ensure compliance
with required security measures, respond to security incidents,
and provide international support for worldwide security
requirements. The recommendation includes amounts requested to
annualize efforts initiated in fiscal year 2011 to strengthen
international programs in high-risk areas around the world and
other targeted security enhancements.
The recommendation includes a program increase of
$22,945,000, as requested, for 12 additional multi-modal
Visible Intermodal Prevention and Response [VIPR] teams with 6
teams dedicated to aviation and 6 teams dedicated to surface
transportation security. This amount brings the total number of
VIPR teams to 37. VIPR teams were authorized by the 9/11 Act to
augment the security of any mode of transportation at any
location within the United States. These teams, made up of TSA
employees, including Federal Air Marshals, Transportation
Security Officers, surface transportation inspectors, and
canine teams, are deployed to airports, rail stations, and
other venues in response to intelligence-driven threats, or for
deterrence through risk-based deployments. TSA shall provide an
expenditure plan detailing how and where these new VIPR teams
will be deployed no later than 60 days after the date of
enactment of this act.
The recommendation also includes $6,250,000 above the
request for 25 new canine teams in addition to the 100 canine
teams being acquired in fiscal year 2011. The Committee
continues to believe that the most effective explosives-
screening process relies on multiple capabilities, including
screeners, technology, and canines.
Finally, the recommendation includes an increase of
$3,500,000 for international security enhancements. This
initiative is further described under the ``Air cargo'' PPA.
AIRPORT MANAGEMENT AND SUPPORT
The Committee recommends $571,216,000 for airport
management and support, $287,000 below the amount requested in
the budget and $82,074,000 above the fiscal year 2011 level.
Funds are provided for: the workforce to support TSA Federal
security directors; Bomb Appraisal Officers; Explosives
Security Specialists; the Transportation Security Operations
Center; airport rent and furniture; a vehicle fleet; airport
parking; and employee transit benefits. The recommended amount
includes the transfer of funding for Bomb Appraisal Officers
from the ``Passenger and baggage screener personnel,
compensation, and benefits'' PPA and Explosives Security
Specialists from the Federal Air Marshals ``Management and
administration'' PPA. This shift is appropriate as these
employees report directly to Federal Security Directors.
The recommendation also includes $2,882,000 to support new
personnel associated with the AIT, BDO, and VIPR initiatives.
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING PROGRAMS
The Committee recommends $25,461,000 for Federal flight
deck officer and flight crew training programs, the same amount
as requested in the budget and $343,000 above the fiscal year
2011 level. Funds are provided to deputize qualified airline
pilots who volunteer to be Federal law enforcement officers.
This program provides initial and recurrent law enforcement
training. Funds are also provided for the Crew Member Self-
Defense Training program for the purpose of teaching crew
members basic self defense concepts and techniques.
AIR CARGO
The Committee recommends $120,654,000 for air cargo
security activities, an increase of $6,000,000 above the amount
requested in the budget and $5,965,000 above the fiscal year
2011 level. Funds are provided to secure the air cargo supply
chain, conveyances, and people.
By August 2010, TSA achieved 100 percent screening of air
cargo that is placed on passenger aircraft for domestic
flights, but 100 percent screening of air cargo loaded onto
inbound international passenger flights has yet to be achieved.
Given recent aviation based terrorist plots, including the
October 2010 plot to blow up air cargo aircraft destined for
the United States, the Committee was encouraged when the
Secretary directed TSA to expedite the achievement of 100
percent screening of inbound cargo from 2013 to the end of
2011. The Department has also placed a stronger emphasis on
all-cargo flights to the United States through airport
vulnerability assessments and the air cargo advance screening
project, which targets high risk cargo before boarding. To
strengthen efforts for air cargo screening and security on
inbound passenger and all-cargo aircraft, $6,000,000 is
recommended above the request under this PPA and an additional
$3,500,000 is recommended under the ``Aviation regulation and
other enforcement'' PPA. These amounts will enable TSA to hire
an additional 29 international air cargo inspectors and 24
transportation security specialists to conduct assessments of
all-cargo airports from which flights depart to the United
States or from which U.S. all-cargo carriers fly to any
location, and to increase the frequency of visits to verify
protective measures at higher-risk airports. As part of the
fiscal year 2012 air cargo expenditure plan, TSA shall describe
its investment areas and activities associated with this
initiative.
TSA is directed to brief the Committee no later than 45
days after the date of enactment of this act, in a classified
session if appropriate, on its progress in implementing the
recommendations contained in OIG-10-119, ``Evaluation of
Screening of Air Cargo Transported on Passenger Aircraft.''
The Committee includes statutory language under
``Transportation Security Support'' restricting $25,000,000
from being obligated for headquarters administration until TSA
submits to the Committee, no later than 60 days after the date
of enactment of this act, an expenditure plan on the allocation
of air cargo funds, including carryover balances. Due to delays
in receiving the air cargo expenditure plan in prior years, the
withholding is included to encourage timely submissions of
materials necessary for robust and informed oversight.
SURFACE TRANSPORTATION SECURITY
Appropriations, 2011.................................... $105,749,000
Budget estimate, 2012................................... 134,748,000
House allowance......................................... 129,748,000
Committee recommendation................................ 134,748,000
Surface transportation security provides funding for
personnel and operational resources to assess the risk of a
terrorist attack on nonaviation modes, standards and procedures
to address those risks, and to ensure compliance with
established regulations and policies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $134,748,000 for surface
transportation security, the same amount as requested in the
budget and $28,999,000 above the fiscal year 2011 level. Funds
are available to assess the risk of terrorist attacks for all
nonaviation transportation modes, issue regulations to improve
the security of those modes, and enforce regulations to ensure
the protection of the transportation system. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2011 and budget request levels:
SURFACE TRANSPORTATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Staffing and operations................................... 39,712 38,514 38,514
Surface transportation security inspectors and canines.... 66,037 96,234 96,234
-----------------------------------------------------
Total, Surface Transportation Security.............. 105,749 134,748 134,748
----------------------------------------------------------------------------------------------------------------
SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS
The Committee recommends $38,514,000 for surface
transportation security staffing and operations, the same
amount as requested in the budget and $1,198,000 below the
fiscal year 2011 level.
SURFACE TRANSPORTATION SECURITY INSPECTORS AND CANINES
The Committee recommends $96,234,000 for surface
transportation security inspectors and canines, the same amount
as requested in the budget and $30,197,000 above the fiscal
year 2011 level.
Since 2004, there have been 1,300 terrorist attacks
worldwide against mass transit, buses and passenger rail,
resulting in more than 4,000 deaths and 14,000 injuries. It is
now more important than ever to increase our defenses against
similar attacks here in the United States. Recent intelligence
gathered from Osama bin Laden's compound revealed evidence that
al Qaeda considered rail lines high value targets. The
recommendation provides a 46 percent increase over fiscal year
2011, and includes the request of $24,049,000 to annualize the
15 ``surface'' focused Visible Intermodal Prevention and
Response [VIPR] teams funded in fiscal year 2010. As discussed
under ``Aviation Security Direction and Enforcement'', the
recommendation includes funding for 12 new multi-modal VIPR
teams, which will expand deployments in the surface sector. In
total, TSA anticipates 7,700 VIPR operations in surface modes,
a 26 percent increase over fiscal year 2011.
In addition, $5,660,000 is provided, as requested, to
annualize 100 additional surface transportation security
inspectors funded in fiscal year 2010; and $1,280,000 is
provided, as requested, for cooperative agreement stipends with
State and local canine teams.
RAIL TUNNELS
Not later than 6 months after the date of the enactment of
this act, TSA shall submit a report that:
--makes recommendations for improving the security of
passenger and mass transit of rail tunnels;
--identifies the frequency of passenger rail and mass transit
tunnel security breaches; and
--assesses differences in configurations of such locations;
and options for improving security at such locations,
such as increasing personnel assigned to such locations
and the use of technology to improve security.
The report shall be submitted to the following Senate
committees:
--the Committee on Commerce, Science, and Transportation;
--the Committee on Homeland Security and Governmental
Affairs; and
--the Committee on Appropriations.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
Appropriations, 2011.................................... $162,673,000
Budget estimate, 2012................................... 183,954,000
House allowance......................................... 183,954,000
Committee recommendation................................ 163,954,000
Transportation threat assessment and credentialing includes
several TSA credentialing programs: Secure Flight, Crew
Vetting, Screening Administration and Operations, Registered
Traveler, Transportation Worker Identification Credential,
Hazardous Materials Commercial Drivers License Endorsement
Program, and Alien Flight School.
COMMITTEE RECOMMENDATIONS
The Committee recommends a direct appropriation of
$163,954,000 for transportation threat assessment and
credentialing, $20,000,000 below the amount requested in the
budget and $1,281,000 above the fiscal year 2011 level. In
addition, an estimated $40,320,000 in fee collections is
available for these activities in fiscal year 2012, as proposed
in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Direct Appropriations:
Secure Flight......................................... 84,194 92,414 92,414
Crew and other vetting programs....................... 78,479 91,540 71,540
-----------------------------------------------------
Subtotal, direct appropriations..................... 162,673 183,954 163,954
=====================================================
Fee Collections:
Transportation worker identification credential....... 9,200 8,300 8,300
Hazardous materials................................... 12,000 12,000 12,000
Alien flight school (transfer from DOJ)............... 4,000 4,000 4,000
Certified cargo screening program..................... 5,200 5,200 5,200
Large aircraft security program....................... 1,200 1,200 1,200
Secure identification display area checks............. 8,000 8,000 8,000
Other security threat assessments..................... 100 100 100
General aviation at DCA............................... 100 100 100
Indirect air cargo.................................... 1,400 1,400 1,400
Sensitive security information........................ 20 20 20
-----------------------------------------------------
Subtotal, fee collections........................... 41,220 40,320 40,320
----------------------------------------------------------------------------------------------------------------
SECURE FLIGHT
The Committee recommends $92,414,000 for Secure Flight, the
same amount as requested in the budget and $8,220,000 above the
fiscal year 2011 level. As recommended by the 9/11 Commission
and mandated by the Intelligence Reform Act, this program
assumed the responsibility of airline passenger watch list
matching from the air carriers to the Federal Government.
The Committee recommendation includes a total of
$12,371,000 as requested for expanded watchlist matching, of
which $8,764,000 is included under the ``Secure Flight'' PPA.
This increase is to accommodate an expanded population of names
screened from the Terrorist Screening Database following the
December 25, 2009, bomb plot to blow up Northwest Airlines
flight 253.
CREW AND OTHER VETTING PROGRAMS
The Committee recommends $71,540,000 for Crew and Other
Vetting Programs, $20,000,000 below the amount requested in the
budget and $6,939,000 below the fiscal year 2011 level.
The Committee recommendation includes funds to annualize
personnel provided in fiscal year 2011 to support vetting
infrastructure improvements and pay related adjustments.
The Committee supports TSA's efforts to modernize its
vetting and credentialing infrastructure, which is currently
made up of disconnected and duplicative systems. This has
resulted in high system complexity and lengthy adjudication
processes due to manual reviews. TSA intends to modernize its
system to address these issues and improve vetting and
credentialing services. However, due to schedule delays
associated with the award of the modernization contract,
significant balances of funds available in fiscal year 2011
will now carry over into fiscal year 2012. Therefore, the
Committee provides $27,800,000 instead of $57,800,000 requested
in the budget. With carryover funding, approximately
$65,500,000 is estimated to be available for this effort in
fiscal year 2012. TSA is to brief the Committee quarterly on
its efforts to develop this system.
EXPEDITED PASSENGER SCREENING FOR KNOWN TRAVELERS
Since the September 11, 2001, terrorist attacks, TSA has
made significant modifications to security procedures and
introduced new technology with the aim of securing the flying
public. However, the screening process for passengers remains a
``one-size fits all'' approach, resulting in the common
complaint that flight crews, children, and the elderly are
being screened at the same level as others with potentially
higher-risk profiles. The Committee is aware that TSA is
examining implementation of a risk-based security approach that
would more appropriately redirect resources from those
passengers comprising a lower security risk to those with
unknown or higher-risk information. The Committee supports
TSA's exploration of procedures aligned more closely with
threat and risk, as well as its plans to conduct proof of
concept (pilot) projects to test these processes.
Recognizing aviation passenger vetting infrastructure will
need additional capability to assist with identifying low-risk
travelers, the Committee provides $10,000,000 above the request
for TSA to develop a systems architecture, procure hardware and
software to handle expanded processing requirements to support
proof of concepts and incremental capabilities to expand the
known traveler populations. Furthermore, the Committee directs
TSA to provide a briefing on risk-based security no later than
90 days after the date of enactment of this act. The briefing
shall include, as appropriate, information and interim results
of any pilots and associated timelines, implementation of risk-
based screening procedures on a larger scale, or the conclusion
that implementation of such processes is not feasible and the
reasons for that conclusion.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The Committee is concerned that Transportation Worker
Identification Credential [TWIC] applicants are required to
make multiple trips to TWIC enrollment centers, which are
occasionally at some distance from the applicants' homes or
places of work. The Committee directs TSA to expand Universal
Enrollment Centers, which will result in no less than a 50
percent expansion in the number of available TWIC enrollment
sites. Furthermore, TSA is to brief the Committee no later than
180 days after the date of enactment of this act on the
projected resource requirements, security impacts, and a
potential timeline to effect changes in the TWIC enrollment
system to permit cards to be shipped directly to the recipient.
TRANSPORTATION SECURITY SUPPORT
Appropriations, 2011.................................... $986,661,000
Budget estimate, 2012................................... 1,113,697,000
House allowance......................................... 1,032,790,000
Committee recommendation................................ 1,042,066,000
The transportation security support account supports the
operational needs of TSA's extensive airport/field personnel
and infrastructure. Transportation security support includes:
headquarters' personnel, pay, benefits and support;
intelligence; mission support centers; human capital services;
and information technology support.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,042,066,000 for transportation
security support activities, $71,631,000 below the amount
requested in the budget and $55,405,000 above the fiscal year
2011 level.
The following table summarizes the Committee's
recommendations compared to the fiscal year 2011 and budget
request levels:
TRANSPORTATION SECURITY SUPPORT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2012 budget Committee
2011 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters administration.................................... 254,000 320,794 293,474
Information technology......................................... 466,092 485,612 453,100
Human capital services......................................... 233,658 264,299 252,500
Intelligence................................................... 32,911 42,992 42,992
------------------------------------------------
Total, Transportation Security Support................... 986,661 1,113,697 1,042,066
----------------------------------------------------------------------------------------------------------------
HEADQUARTERS ADMINISTRATION
The Committee recommends $293,474,000 for headquarters
administration, $27,320,000 below the amount requested in the
budget and $39,474,000 above the fiscal year 2011 level.
The recommended amount includes funding to support
increases for AIT staffing, VIPR teams, expanded watchlist
vetting, and additional BDO hires. Because the recommendation
includes half of the increase requested for BDO staffing, the
support amount is reduced accordingly.
The recommendation includes the requested TSA-wide
reduction of $114,009,000 for management efficiencies,
administrative savings, and operational support. TSA is to
brief the Committee with a full accounting of how these
reductions will be achieved no later than 90 days after the
date of enactment of this act.
The recommended amount also includes $1,998,000, as
requested, to hire 15 additional personnel to increase TSA's
acquisition workforce capacity and capabilities. Recent
findings by the DHS Inspector General in report OIG-10-72 found
that TSA ``did not have an adequate number of properly trained
core acquisition staff to administer contracts and oversee
support services contractors' performance.'' Further, the
report concluded that TSA ``did not have reasonable assurance
that contractors were performing as required, that it
contracted for the services it needed, that it received the
services it paid for, or that taxpayers were receiving the best
value.'' The Committee agrees with TSA's assessment that
additional resources are necessary for disciplined oversight
processes and robust acquisition program management.
The recommended amount includes $2,000,000 above the
request for TSA's Office of Professional Responsibility. TSA
recently established this Office to ensure that allegations of
misconduct are thoroughly investigated and that discipline is
appropriate and fair across the agency. This Office is
currently being funded within existing resources, including
detailees. The Committee believes the importance of this
program warrants dedicated funding.
TSA shall continue semi-annual briefings on covert testing
activities to include the latest metrics gathered from recent
tests and resulting mitigating factors.
TSA shall brief the Committee no later than September 23,
2011, on a proposed budget account structure that allows for a
1-year appropriation for salaries and expenses.
The Committee includes bill language withholding the
obligation of $25,000,000 for headquarters administration
until: fiscal year 2012 expenditure plans for air cargo
security, explosives detection systems procurement and
installation, and checkpoint support are provided to the
Committee. The expenditure plans are due no later than 60 days
after the date of enactment of this act.
INFORMATION TECHNOLOGY
The Committee recommends $453,100,000 for information
technology, $32,512,000 below the amount requested in the
budget and $12,992,000 below the fiscal year 2011 level.
The recommended amount includes IT funding to support
increases for AIT staffing, VIPR teams, expanded watchlist
vetting, and additional BDO hires. Because the recommendation
includes half of the increase requested for BDO staffing, the
support amount is reduced accordingly.
The recommendation does not include $20,300,000 proposed
for data center consolidation in order to fund critical
operational priorities. This decrease is without prejudice to
the merits of the data consolidation initiative.
HUMAN CAPITAL SERVICES
The Committee recommends $252,500,000 for human capital
services, $11,799,000 below the amount requested in the budget
and $18,842,000 above the fiscal year 2011 level.
The recommended amount includes human capital funding to
support increases for AIT staffing, VIPR teams, expanded
watchlist vetting, and additional BDO hires. Because the
recommendation includes half of the increase requested for BDO
staffing, the support amount is reduced accordingly. The
recommendation also includes funding requested for recruitment
costs and drug testing to support new screener hires.
INTELLIGENCE
The Committee recommends $42,992,000 for the Office of
Intelligence, the same amount as requested in the budget and
$10,081,000 above the fiscal year 2011 level. The
recommendation includes $6,793,000 to annualize Field
Intelligence Officers added in fiscal year 2010 and expand the
number of officers by an additional 21 positions in fiscal year
2012.
PASSENGER COMPLAINTS
The Committee directs TSA to make every effort possible to
ensure that the traveling public is aware of the process in
which complaints about the screening experience can be made.
The Committee is aware that TSA operates multiple channels by
which individuals can contact the agency. The primary portal is
the TSA Contact Center for passengers to transmit questions,
complaints and concerns about aviation travel, the screening
process, or other TSA-related issues. The Committee directs GAO
to conduct a review of TSA's policies and procedures for
resolving passenger complaints, including an examination of the
organizational independence of the office. GAO's review is to
be completed no later than 9 months after the date of enactment
of this act.
RISK-BASED DECISIONMAKING AND BUDGETING
The Committee directs TSA to submit, concurrent with the
fiscal year 2013 budget request, supporting documentation that
explicitly explains how TSA's comprehensive risk assessments
for all transportation modes were used to allocate resources
across and within each mode. This documentation should also
identify the corresponding allocation of resources being
proposed in the budget request (by appropriations account,
program, project, and activity) that address these priorities.
This annual submission shall be made in classified or
unclassified formats, as appropriate.
FEDERAL AIR MARSHALS
Appropriations, 2011.................................... $927,942,000
Budget estimate, 2012................................... 991,375,000
House allowance......................................... 961,375,000
Committee recommendation................................ 981,115,000
The Federal Air Marshals [FAMs] protect the air
transportation system against terrorist threats, sabotage, and
other acts of violence. The FAMs account provides funds for the
salaries, benefits, travel, training, and other expenses of the
program.
COMMITTEE RECOMMENDATIONS
The Committee recommends $981,115,000 for the Federal Air
Marshals, $10,260,000 below the amount requested in the budget
and $53,173,000 above the fiscal year 2011 level. To help
inform the long-term staffing needs of the Federal Air
Marshals, the Committee directs FAMS to conduct an independent
review of the definition of flights presenting ``high-security
risks''. This recommendation was part of a recent TSA report on
FAMS long-term staffing levels. FAMS is to brief the Committee
on the results of the review no later than 120 days after the
date of enactment of this act. The briefing shall include an
analysis of whether the current risk assessment model was
validated by the review and if changes are necessary that would
warrant upward or downward adjustments to current staffing
levels.
The Committee directs TSA to submit quarterly reports on
mission coverage, staffing levels, and hiring rates as in prior
years.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
FEDERAL AIR MARSHALS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and administration............................. 805,275 860,260 850,000
Travel and training....................................... 122,667 131,115 131,115
-----------------------------------------------------
Total, Federal Air Marshals......................... 927,942 991,375 981,115
----------------------------------------------------------------------------------------------------------------
Coast Guard
SUMMARY
The Coast Guard's primary responsibilities are the
enforcement of all applicable Federal laws on the high seas and
waters subject to the jurisdiction of the United States;
promotion of safety of life and property at sea; assistance to
navigation; protection of the marine environment; and
maintenance of a state of readiness to function as a
specialized service in the Navy in time of war, as authorized
by sections 1 and 2 of title 14, United States Code.
The Commandant of the Coast Guard reports directly to the
Secretary of the Department of Homeland Security.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$10,350,762,000 for the activities of the Coast Guard for
fiscal year 2012. The following table summarizes the
Committee's recommendations as compared to the fiscal year 2011
and budget request levels:
COAST GUARD--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2012
Fiscal year 2011 budget Committee
enacted\1\ request\2\ recommendations\3\
----------------------------------------------------------------------------------------------------------------
Operating Expenses..................................... 6,894,031 6,819,505 7,078,054
Environmental Compliance and Restoration............... 13,172 16,699 16,699
Reserve Training....................................... 133,365 136,778 134,278
Acquisition, Construction, and Improvements............ 1,516,744 1,421,924 1,391,924
Research, Development, Test, and Evaluation............ 24,696 19,779 27,779
Health Care Fund Contribution (Permanent Indefinite 265,321 261,871 261,871
Appropriations).......................................
Retired Pay............................................ 1,400,700 1,440,157 1,440,157
--------------------------------------------------------
Total, Coast Guard............................... 10,248,029 10,116,713 10,350,762
----------------------------------------------------------------------------------------------------------------
\1\Includes $254,000,000 for overseas contingency operations.
\2\Excludes a proposed transfer of up to $258,278,000 from Navy ``Operation and Maintenance'' for overseas
contingency operations.
\3\Includes $258,000,000 for overseas contingency operations.
The Coast Guard will pay an estimated $261,871,000 in
fiscal year 2012 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 National Defense Authorization Act
for fiscal year 2005 (Public Law 108-375).
OPERATING EXPENSES
Appropriations, 2011\1\................................. $6,894,031,000
Budget estimate, 2012\2\................................ 6,819,505,000
House allowance\3\...................................... 7,071,061,000
Committee recommendation\3\............................. 7,078,054,000
\1\Includes $254,000,000 for overseas contingency operations.
\2\Excludes a proposed transfer of up to $258,278,000 from Navy
``Operation and Maintenance'' for overseas contingency operations.
\3\Includes $258,000,000 (Senate) and $258,278,000 (House) for overseas
contingency operations.
The Operating Expenses appropriation provides funds for the
operation and maintenance of multipurpose vessels, aircraft,
and shore units strategically located along the coasts and
inland waterways of the United States and in selected areas
overseas. The program activities of this appropriation fall
into the following categories:
Search and Rescue.--As one of its earliest and most
traditional missions, the Coast Guard maintains a nationwide
system of boats, aircraft, cutters, and rescue coordination
centers on 24-hour alert.
Aids to Navigation.--To help mariners determine their
location and avoid accidents, the Coast Guard maintains a
network of manned and unmanned aids to navigation along the
Nation's coasts and on its inland waterways. In addition, the
Coast Guard operates radio stations in the United States and
abroad to serve the needs of the armed services and marine and
air commerce.
Marine Safety.--The Coast Guard ensures compliance with
Federal statutes and regulations designed to improve safety in
the merchant marine industry and operates a recreational
boating safety program.
Marine Environmental Protection.--The primary objectives of
the marine environmental protection program are to minimize the
dangers of marine pollution and to assure the safety of ports
and waterways.
Enforcement of Laws and Treaties.--The Coast Guard is the
principal maritime enforcement agency with regard to Federal
laws on the navigable waters of the United States and the high
seas, including fisheries, drug smuggling, illegal immigration,
and hijacking of vessels.
Ice Operations.--In the Arctic and Antarctic, Coast Guard
icebreakers escort supply ships, support research activities
and Department of Defense operations, survey uncharted waters,
and collect scientific data. The Coast Guard also assists
commercial vessels through ice-covered waters.
Defense Readiness.--During peacetime, the Coast Guard
maintains an effective state of military preparedness to
operate as a service in the Navy in time of war or national
emergency at the direction of the President. As such, the Coast
Guard has primary responsibility for the security of ports,
waterways, and navigable waters up to 200 miles offshore.
COMMITTEE RECOMMENDATIONS
The Committee recommends $7,078,054,000 for Coast Guard
Operating Expenses, including $24,500,000 from the Oil Spill
Liability Trust Fund and $598,000,000 for Coast Guard defense-
related activities. Of this amount, the Committee recommends
not to exceed $17,000 for official reception and representation
expenses.
The recommended funding level is $258,549,000 above the
request and $184,023,000 above the fiscal year 2011 level. The
Committee's recommendation is $549,000 above the net request
for Coast Guard Operating Expenses when excluding funds
requested for overseas contingency operations.
The recommendation includes necessary adjustments to base,
such as increases in mandatory pay allowances, military
personnel entitlements, asset sustainment, and operating and
maintenance funds for new assets. These increases are partially
offset by one-time cost reductions, terminations,
decommissioning of aging assets, efficiencies, and
administrative savings, as requested. In addition, the
Committee's recommendation includes the following program
initiatives requested for fiscal year 2012: $10,666,000 for
enhancements to marine safety; $11,485,000 for an expansion of
marine environmental response capabilities; $9,300,000 for
military family child care; $39,000,000 for restoration of
polar operations funding; $8,600,000 for network security
upgrades; and $6,300,000 for the Distress Alerting Satellite
System.
The Committee recommends the following increases above the
President's request to address several unfunded priorities in
the fiscal year 2012 budget request: $3,700,000 to annualize
positions funded in fiscal year 2011 to enhance marine
environmental response capabilities such as oil spills;
$20,300,000 for critical depot level maintenance for aging
high-endurance and medium-endurance cutters to address a
backlog of over $341,000,000; and $4,000,000 for boat pursuit
and tactical training of maritime law enforcement units.
The Committee recommends the following reductions from the
President's request: a reduction of $12,000,000 in technical
adjustments for pay, allowances, and operating expenses due to
a current trend of lower than anticipated military healthcare
expenditures; a reduction of $5,571,000 for surface and air
asset follow-on operational costs due to delays in the delivery
of new assets to operating units; a reduction of $1,880,000 for
operations and maintenance of the Manned Covert Surveillance
Aircraft due to delays in the delivery of the aircraft and lack
of test and evaluation results; and a reduction of $8,000,000
for data center migration. The reduction to data center
migration is without prejudice, but is necessary to meet higher
priority operational demands within a constrained budget
environment.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Military pay and allowances............................... 3,345,303 3,447,753 3,434,061
Civilian pay and benefits................................. 737,702 780,556 784,256
Training and recruiting................................... 204,087 213,282 213,321
Operating funds and unit level maintenance................ 1,138,474 1,109,323 1,109,623
Centrally managed accounts................................ 345,174 351,478 342,653
Intermediate and depot level maintenance.................. 869,291 917,113 936,140
Overseas contingency operations........................... 254,000 (\1\) 258,000
-----------------------------------------------------
Total, Operating Expenses........................... 6,894,031 6,819,505 7,078,054
----------------------------------------------------------------------------------------------------------------
\1\Excludes a proposed transfer of up to $258,278,000 from Navy ``Operation and Maintenance'' for overseas
contingency operations.
OVERSEAS CONTINGENCY OPERATIONS
The Committee provides $258,000,000 for Coast Guard
operations in support of overseas contingency operations. While
funding for these activities was requested in the Department of
Defense budget for the Navy, the Committee adopted a practice
beginning in the fiscal year 2009 Supplemental Appropriations
Act to appropriate these amounts directly to the Coast Guard.
The Committee continues this practice and urges the
administration to budget for Coast Guard overseas contingency
operations under the Department of Homeland Security in future
budget requests. The Coast Guard shall brief the Committee no
later than 30 days after the date of enactment of this act on
any changes expected during fiscal year 2012 or projected
transition costs expected in fiscal year 2013 on its mission in
Iraq.
MARINE SAFETY
The Committee provides $10,666,000, as requested, for 105
personnel the Coast Guard has identified as necessary to
effectively regulate the growing maritime industry. Personnel
to be hired include Marine Safety Inspectors, Investigators,
and Fishing Vessel Safety Examiners at Coast Guard Sectors. As
the Coast Guard updates its Marine Safety Performance Plan, it
shall include recommendations made in OIG report [OIG-11-22],
which are to produce a resource baseline, performance targets,
performance milestones and completion dates, and total
resources needed to achieve goals and objectives. The Coast
Guard shall brief the Committee no later than 90 days after the
date of enactment of this act on the data resulting from these
efforts.
MARINE ENVIRONMENTAL RESPONSE
The Committee provides $15,185,000, $3,700,000 above the
request to enhance marine environmental response activities.
The amount provided above the request is to annualize
additional positions funded in fiscal year 2011. This funding
addresses critical resource and capability gaps by funding 87
new billets to enhance marine environmental response functions
and environmental response competencies and annualizes
positions added in fiscal year 2011. Within the 87 billets, 33
are for a new National Incident Management and Assist Team,
which will provide dedicated, trained, and experienced
personnel to directly support Coast Guard Incident Commanders
and their units during response to releases of oil and
hazardous materials. While the fiscal year 2012 request
addresses immediate resource and capability needs, it is
necessary for the Coast Guard to conduct a long-term mission
requirements analysis to fully understand its future needs for
this mission. Therefore, no later than 120 days after the date
of enactment of this act, the Coast Guard shall submit to the
Committee a plan to quantify the resource, training, and
experience gaps within the marine environmental protection
mission and develop a 5-year strategic plan to implement
necessary capability and capacity enhancements to improve
mission performance. This plan is to include funding estimates
for each year of the plan.
SUPPORT OF MILITARY FAMILIES
The Committee strongly supports the requested initiatives
to improve the quality of life for military members and their
families. The recommendation includes a total of $9,300,000 in
``Operating Expenses'', as requested, to improve access to
affordable, quality childcare and put the Coast Guard closer to
being on par with other military branches in this area. The
recommendation also includes $20,000,000, as requested, to
address critical housing shortfalls in areas where there is a
lack of affordable accommodations. In some locations, existing
housing does not comply with life-safety codes and funds are
needed to meet current construction code and habitability
standards. In other areas, the limited availability of year-
round rental housing in remote locations has forced some Coast
Guard members to commute long distances between their home and
duty station, and many are paying out of pocket expenses well
beyond their basic allowance for housing [BAH] for adequate
housing closer to their duty station. A Coast Guard analysis
has shown that continuing BAH for military members in these
areas is more expensive than housing acquisition and
maintenance costs over a 30-year period of time.
Because the amount for military housing construction in
fiscal year 2011 was not determined until after the release of
the President's budget, the Coast Guard may choose to re-
prioritize its most pressing housing needs for fiscal year 2012
and should submit an expenditure plan to the Committee
reflecting those priorities no later than 30 days after the
date of enactment of this act.
CRITICAL DEPOT LEVEL MAINTENANCE
The Committee recommends $20,300,000 above the request to
address the Coast Guard's critical depot level maintenance
backlog for its aging assets. Increasing equipment failures and
rising maintenance costs have outpaced current funding levels.
Between fiscal year 2008 and fiscal year 2010, the Coast Guard
deferred over $341,000,000 in maintenance requirements for
aviation and cutter assets due to fiscal constraints and
competing mission requirements. The age and condition of legacy
assets has decreased their reliability and increased the cost
to maintain them. The percent of operational time Coast Guard
cutters are free of major equipment failures continues to
decline. In fiscal year 2010, the 378-foot High Endurance
Cutter fleet, which is over 43 years old on average, was free
of major equipment failures just 41 percent of the time
compared to 58 percent in fiscal year 2008. The 270-foot medium
Endurance Cutter fleet, which is over 34 years old on average,
was free of major equipment failures just 49 percent of the
time in fiscal year 2010 compared to 81 percent in fiscal year
2008. Until legacy fleets are replaced with new assets, the
Coast Guard needs to be properly resourced to operate what it
has so it can perform its many missions, including drug and
migrant interdiction, port security, search and rescue, and oil
spill response.
POLAR OPERATIONS AND MAINTENANCE FUNDING
The Committee fully funds the request of $39,000,000 for
the Coast Guard's polar icebreaking program. Reclaiming budget
authority for this program will enable the Coast Guard to make
critical decisions with respect to operations and maintenance
of its polar icebreakers. Many unanswered questions remain
relating to the Coast Guard's long-term ability to maintain a
presence in the polar regions. In a report issued last
September, the Government Accountability Office said the Coast
Guard lacks adequate infrastructure or equipment in the Arctic.
This has been a growing concern due to the melting ice in the
Arctic region. In a separate report, the DHS-OIG recommended
that the Coast Guard work with the administration to clarify
its Arctic and Antarctic mission requirements, something this
Committee has been urging for years. The Coast Guard's high
latitude study, which was completed in 2010, concluded that
additional icebreaking assets are necessary in the polar
regions. This followed a National Academy of Sciences study
that made similar conclusions. Given the extensive consensus
that has been built in recent years, the Committee denies the
request for the DHS Under Secretary for Management to conduct
redundant assessment of capabilities necessary to operate in
the polar regions. The Committee instead urges the Department
to move forward on fulfilling the Nation's icebreaking
requirements for the polar regions by developing a concept of
operations and a resource plan.
The Coast Guard is required to submit to the Committee the
results of its business case analysis for replacing or
performing service life extensions on the Coast Guard's two
heavy polar icebreakers. This effort was required in Senate
Report 111-31 relating to appropriations for fiscal year 2010
and the Coast Guard Authorization Act, 2010 (Public Law 111-
281).
LAW ENFORCEMENT ENHANCEMENTS
The Committee recommends $4,000,000 above the request for
small boat pursuit and tactical training to ensure Coast Guard
boat crews are properly trained in pursuit tactics and
interdiction of non-compliant vessels, like drug running go-
fast boats and semi-submersibles. This initiative is consistent
with the Commandant's testimony before the subcommittee where
he expressed a desire for improved proficiency in such high
risk operations.
GULF OF MEXICO OIL SPILL RESPONSE
In 2010, the Coast Guard led the response to the fire and
subsequent sinking of the Mobile Offshore Drilling Unit
Deepwater Horizon. The Coast Guard recently issued the Incident
Specific Preparedness Review [ISPR], which addresses specific
areas of the response to the spill. According to the report,
``this incident exposed deficiencies in planning and
preparedness for an uncontrolled release of oil from an
offshore drilling operation.'' It notes that the Coast Guard's
marine environmental response programs ``have atrophied over
the past decade.'' The report identifies a number of areas for
improvement, including: Area Contingency Plans for Spills of
National Significance; development of a national planning
process that identifies environmentally sensitive areas and the
means to protect them; and engagement with key stakeholders.
The ISPR also noted that many lessons learned from previous
spills, the Cosco Busan and Cape Mohican, ``are not addressed
programmatically or implemented effectively and, as such, had
little role in enhancing the Coast Guard's planning,
preparedness, and response programs.'' As such, the ISPR report
recommends that the Coast Guard ``draw from lessons learned in
this report, and institute an autonomous program, not unlike a
private sector quality control program to select, implement,
and assess the outcome of lessons learned.'' As a result of the
ISPR's recommendations, the Coast Guard shall submit to the
Committee an action plan on how the recommendations will be
addressed no later than 90 days after the date of enactment of
this act. The Committee expects the Coast Guard to allocate
some of the $15,185,000 provided in this act for marine
environmental response activities to conduct testing of Area
Contingency Plans.
COAST GUARD REIMBURSEMENT FOR SPILLS OF NATIONAL SIGNIFICANCE
The catastrophic blowout, fire, and subsequent sinking of
the Deepwater Horizon Offshore Drilling Unit is the Nation's
first declared Spill of National Significance and is considered
by the Coast Guard to be the most challenging and complex oil
spill response ever conducted. The Coast Guard mobilized over
47,000 people to remove and mitigate damages attributed to the
estimated 4.9 million barrels of oil discharged into the Gulf
of Mexico and amassed a fleet of more than 6,400 vessels
including skimmers, vessels of opportunity, research vessels,
Coast Guard cutters, and other specialized vessels to handle
the myriad of individual activities that supported the
response. At the height of the response, the Coast Guard itself
deployed over 7,000 Coast Guard personnel, 60 Coast Guard
vessels, and 22 Coast Guard aircraft. Due to the magnitude of
the response, the Coast Guard expended resources far in excess
of funds ``normally available'' for its statutory marine
environmental protection mission. The Coast Guard's latest
estimate of the cost is over $252,000,000. The unprecedented
scope and duration of the response detracted from and deferred
performance in other mission activities, and accelerated the
planned depreciation of capital assets.
While the Oil Pollution Act of 1990 suggests a broad
reimbursement policy for Federal agencies engaged in removal
activities, certain Coast Guard activities such as the salaries
of active duty and civilian personnel diverted from regular
operations to the oil spill response and significant costs of
the operation of vessels, equipment, and aircraft diverted from
other duties to respond to the oil spill are not subject to
reimbursement to the Coast Guard. The Coast Guard pays these
costs out of its base operating funds. As a result, the Coast
Guard is unable to reclaim funds to restore operational
capacity and reconstitute readiness following an unprecedented
surge event even though a Spill of National Significance is of
such magnitude that the Coast Guard costs for removal
activities will far exceed Coast Guard resources and personnel
normally available for oil spill response. For future Spills of
National Significance, the Coast Guard should be fully
compensated for its costs. The Committee has included a general
provision permitting the Coast Guard to claim recoverable
costs. This language expressly authorizes the Secretary to
accept reimbursements for Coast Guard removal costs, treat such
reimbursements as credits to Coast Guard accounts that bore the
expense at the time of reimbursement, and make such
reimbursements available, without further appropriations, for
the operation, maintenance, and replacement of Coast Guard
vessels, aircraft, and equipment.
MANAGEMENT EFFICIENCIES AND OFFSETS
The Committee recommendation includes $140,040,000, as
proposed in the budget, for various reductions from
efficiencies and offsets. No later than 120 days after the date
of enactment of this act, the Coast Guard is directed to brief
the Committee on how such efficiencies and other reductions
will be achieved. The briefing shall include a detailed listing
of the specific efficiencies and offsets taken to achieve the
targeted reductions. The briefing shall also address any
shortfalls related to rising energy prices and what activities
are being diverted to address them.
STEM-TO-STERN REVIEW OF DEPLOYABLE FORCES
As the Commandant discussed in his 2011 State of the Coast
Guard address, he has ordered a ``stem-to-stern'' review of
Coast Guard Deployable Specialized Forces and their concept of
operations. The purpose of the review is to look at required
capabilities, training, tactics, equipment, procedures, and
resources. The Coast Guard is to brief the Committee no later
than 60 days after the date of enactment of this act on the
review's outcomes, including, but not limited to, any changes
to current concept of operations, training standards, and
regionalization requirements.
HIGH-ENDURANCE CUTTERS
In fiscal year 2010, the Committee appropriated $4,000,000
for the Coast Guard to assess the High Endurance Cutter fleet
to determine the most effective use of funds to operate the
vessels until replaced by National Security Cutters [NSC].
Unfortunately, minimal work has been put into this effort with
less than $500,000 of this funding being obligated since
October 2009. Given the additional delays in delivering the
final NSC, as noted in the fiscal year 2012 budget request
(final NSC delivery in 2018 versus 2016), the Coast Guard is
urged to accelerate its work in this area. As part of its
periodic acquisitions briefings to the Committee, the Coast
Guard is to provide an update on the progress made on this
effort. The Coast Guard's update shall include a discussion of
the potential need for a future sustainment project to bridge
operational gaps between full operating condition of the NSC
fleet and the decommissioning sequence for remaining HECs.
SMALL VESSEL SECURITY
In January 2011, the Department released its Small Vessel
Security Implementation Report to the public, which focused on
the mitigation of risks associated with the millions of
commercial and small vessels that use our ports and waterways.
The Coast Guard and its DHS partner components shall
periodically brief the Committee on the short-term and long-
term actions being taken to carry out the DHS National Small
Vessel Security Strategy, including a discussion of resources,
technology, and statutory requirements.
One of the Strategy's four primary goals is to ``exploit
technology to enhance our ability to detect, determine the
intent of, and, where necessary, interdict small vessels.'' The
Committee is aware of efforts by the Department's Science and
Technology [S&T] Directorate, in partnership with the Coast
Guard and the National Oceanic and Atmospheric Administration
[NOAA], to use currently deployed coastal NOAA weather radar
systems to identify and track small vessels. This capability
may prove to be highly beneficial to the Coast Guard's efforts
to track ``dark boats'', such as drug runners and other craft
engaged in illicit activities. In fiscal year 2012, S&T funding
will be used to develop, test, evaluate and, if successful,
transition this system to the Coast Guard. The Coast Guard and
S&T shall keep the Committee updated on its efforts in this
area.
FINANCIAL MANAGEMENT OVERSIGHT
The Coast Guard shall continue to periodically brief the
Committee on its efforts to address material weaknesses in its
financial management enterprise that prevent accurate,
complete, and timely financial information. These weaknesses
have contributed to the inability of financial auditors to
provide an unqualified opinion on the Department's balance
sheets. The Coast Guard is to continue working with the
Department's Office of the Chief Financial Officer on these
efforts.
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.
ANTI-FOULING SYSTEMS
The Committee understands that the Department of State has
not forwarded ratification documents to the International
Maritime Organization for the International Convention on the
Control of Harmful Anti-Fouling Systems [AFS] on Ships.
Ratification of the treaty is vital to the Coast Guard's
mission of marine environmental protection. Therefore, the
Committee urges the Coast Guard to provide a plan no later than
90 days after the date of enactment of this act for completing
delegation of authority requirements so that the Coast Guard
may initiate implementation of the AFS Convention to minimize
the dangers of marine pollution and to assure the safety of
ports and waterways.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
The Coast Guard, in coordination with the Transportation
Security Administration, shall brief the Committee no later
than 120 days after the date of enactment of this act on the
progress being made to implement the recommendations made by
the Government Accountability Office [GAO] in report (GAO-11-
657) relating to internal control weaknesses of the
Transportation Worker Identification Credential program.
VESSEL CONVEYANCE
The Committee does not include requested bill language
related to the scrapping of decommissioned vessels. The
requested language, which would authorize the Secretary of
Homeland Security to transfer all right, title, and interest in
decommissioned vessels of the Coast Guard to the Secretary of
Transportation for disposal is an authorizing matter and not
under the jurisdiction of the Appropriations Committee. The
Coast Guard is encouraged to work with the appropriate
authorizing committees to achieve its intended goal.
REPORTING REQUIREMENTS WITHOLDING
In an effort to encourage timely submissions to the
Committees of materials necessary for robust and informed
oversight, the Committee withholds $75,000,000 from obligation
from the Coast Guard's ``Headquarters Directorates'' until the
Quarterly Acquisition Report for the second quarter of fiscal
year 2012 and a comprehensive 5-year Capital Investment Plan
for fiscal years 2013-2017 have been submitted to the
Committee.
EXECUTIVE TRANSPORTATION AIRCRAFT
The Coast Guard shall include in its annual justification
any plans to alter the executive transportation aircraft
program.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2011.................................... $13,172,000
Budget estimate, 2012................................... 16,699,000
House allowance......................................... 10,198,000
Committee recommendation................................ 16,699,000
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 $16,699,000 for environmental
compliance and restoration, $3,527,000 above the fiscal year
2011 level and the same as the budget request. The Committee is
concerned that since the Department made the decision to
terminate LORAN on January 8, 2010, little effort has been made
by the Coast Guard to begin the environmental assessment and
remediation efforts to prepare for divestiture of LORAN
properties and start taking advantage of the ability to recoup
property sales from the more valuable sites. The Coast Guard
reported in April 2010 that, depending on the results of the
environmental due diligence assessments, remediation costs
could range from $58,000,000, for a best-case scenario, to
$242,000,000 for a worst-case scenario. Within the amount
provided for this account, $2,640,000 is provided, as
requested, for the Coast Guard to begin these assessments so it
can remove these assets from its inventory and eliminate
environmental liability and caretaker costs. No later than 60
days after the date of enactment of this act, the Coast Guard
shall brief the Committee on its plan of action to complete
these assessments, including a schedule for property
divestiture.
PROPERTY CONVEYANCE
The Committee is aware of Coast Guard land set to be
conveyed to the City of Marquette, Michigan, as authorized in
Public Law 111-281, the Coast Guard Authorization Act of 2010.
Since 2005, both the Coast Guard and the City of Marquette have
worked amicably to facilitate the construction of a new Coast
Guard station in the region, yet the conveyance of the former
Coast Guard station to the city cannot commence without the
necessary environmental assessment. No later than 90 days after
the date of enactment of this act, the Coast Guard is directed
to provide a report describing its plans for the conveyance of
the Marquette land to the local governmental authority.
RESERVE TRAINING
Appropriations, 2011.................................... $133,365,000
Budget estimate, 2012................................... 136,778,000
House allowance......................................... 131,778,000
Committee recommendation................................ 134,278,000
COMMITTEE RECOMMENDATIONS
The Committee recommends $134,278,000 for Reserve Training,
$913,000 above the fiscal year 2011 level and $2,500,000 below
budget request. The reduction is due to a trend in lapsed
balances.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2011.................................... $1,516,744,000
Budget estimate, 2012................................... 1,421,924,000
House allowance......................................... 1,151,673,000
Committee recommendation................................ 1,391,924,000
Funding in this account supports the acquisition,
construction, and improvement [AC&I] of vessels, aircraft,
information management resources, shore facilities, aids to
navigation, and military housing required to execute the Coast
Guard's missions and achieve its performance goals.
Vessels.--The vessel program provides funding to
recapitalize and/or improve the Coast Guard's fleet of aging
boats and cutters.
Aircraft.--The aircraft program is the primary
recapitalization and sustainment effort for the Coast Guard's
aging aircraft.
Other Equipment.--The Coast Guard invests in numerous
management information and decision support systems that will
result in increased efficiencies, including Rescue 21 (formerly
the National Distress and Response System Modernization
Project), and the Nationwide Automatic Identification System.
Shore Facilities and Aids to Navigation.--The Coast Guard
invests in the acquisition, construction, rebuilding, and
improvement of shore facilities, aids to navigation, and
related equipment.
Military Housing.--The Coast Guard invests in Military
Housing facilities to ensure military members have access to
housing in areas where there is a lack of affordable
accommodations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,391,924,000 for acquisitions,
construction, and improvements, including $20,000,000 from the
Oil Spill Liability Trust Fund. The recommended amount is
$30,000,000 below the request and $124,820,000 below the fiscal
year 2011 level.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
Survey and Design--Vessel and Boats................... ................ 6,000 6,000
Response Boat Medium.................................. 41,916 110,000 110,000
In-Service Cutter Sustainment......................... ................ 14,000 14,000
National Security Cutter.............................. 690,616 77,000 77,000
Offshore Patrol Cutter................................ 44,910 25,000 25,000
Fast Response Cutter.................................. 239,520 358,000 358,000
Cutter Boats.......................................... 2,994 5,000 5,000
Medium Endurance Cutter Sustainment................... 29,940 47,000 47,000
-----------------------------------------------------
Subtotal, Vessels and Critical Infrastructure....... 1,049,896 642,000 642,000
=====================================================
Aircraft:
CGNR 6017 Airframe Replacement........................ ................ 18,300 18,300
Maritime Patrol Aircraft.............................. 39,920 129,500 104,500
HH-60 Conversion Projects............................. 31,936 56,100 56,100
HC-130H Conversions/Sustainment Projects.............. 24,950 62,000 62,000
HH-65 Conversion/Sustainment Projects................. ................ 24,000 24,000
HC-130J Fleet Introduction............................ 3,992 ................ ................
-----------------------------------------------------
Subtotal, Aircraft.................................. 100,798 289,900 264,900
=====================================================
Other:
Government Program Management......................... 44,910 35,000 30,000
Systems Engineering and Management.................... 28,942 17,140 17,140
C4ISR................................................. 30,439 34,500 34,500
Technology Obsolescence Prevention.................... 998 ................ ................
CG-Logistics Information Management System [CG-LIMS]. ................ 6,500 6,500
National Automatic Identification System.............. ................ 5,000 5,000
Rescue 21............................................. 35,928 65,000 65,000
Interagency Operation Centers......................... ................ 3,000 3,000
Deepwater Logistics................................... 49,900 ................ ................
-----------------------------------------------------
Subtotal, Other..................................... 191,117 166,400 161,140
=====================================================
Shore Facilities and Aids to Navigation:
Major Shore, ATON, and Survey and Design.............. 63,867 92,900 92,900
Major Acquisition Systems Infrastructure.............. ................ 94,500 94,500
Minor Shore........................................... 3,199 6,292 6,292
Military Housing...................................... 1,996 ................ ................
-----------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation... 69,062 193,692 193,692
=====================================================
Military Housing.......................................... ................ 20,000 20,000
Personnel and Related Support:
Core Acquisition Costs................................ 509 600 600
Direct Personnel Costs................................ 105,362 109,592 109,592
-----------------------------------------------------
Subtotal, Personnel and Related Support............. 105,871 110,192 110,192
=====================================================
Total, Acquisition, Construction, and Improvements.. 1,516,744 1,421,924 1,391,924
----------------------------------------------------------------------------------------------------------------
RESPONSE BOAT-MEDIUM
The Committee recommends $110,000,000 for the Response
Boat-Medium [RB-M] acquisition, as requested. These funds will
allow the Coast Guard to purchase 40 RB-Ms in fiscal year 2012,
bringing the total funded to 155 of 180 boats. The RB-M is a
critical asset for the Coast Guard to replace aging 41-foot
Utility Boats that are less able to handle Coast Guard mission
requirements, particularly maritime security requirements that
have changed significantly since September 11, 2001, and serve
as a platform for boardings, search and rescues, and port
security. Recent studies have identified the lack of response
boats as an impediment to fully implementing the Coast Guard's
mission requirements. The recommended amount optimizes
production, reduces project management costs, and generates
savings of approximately $362,000 per RB-M.
IN-SERVICE CUTTER SUSTAINMENT
The Committee recommends $14,000,000, as requested, to
begin service life extensions for the Coast Guard's aging fleet
of nine 140-foot icebreaking tugs, which are critical to
operations on the Great Lakes and Northeast coast. These tugs
help clear shipping channels in the winter, and support law
enforcement operations and enforce environmental regulations in
all seasons. However, most of these vessels have been operating
year round under taxing conditions for more than 30 years and
are now in need of refurbishment to be able to sustain their
high-operational tempo.
While the Committee is pleased sustainment requirements for
the non-Deepwater fleet are beginning to be addressed, the
Coast Guard has not developed a long-term fiscal plan to deal
with other assets such as the 225-foot seagoing buoy tenders,
175-foot coastal buoy tenders, 87-foot patrol boats, and 47-
foot motor life boats. The Coast Guard is to develop a long-
term plan of investments to address the in-service cutter
sustainment requirements, which shall be submitted to the
Committee no later than 180 days after the date of enactment of
this act. The plan shall identify how the Coast Guard Yard,
which has proven to be an ideal facility for conducting life
cycle event ship repairs, will be utilized for these mid-life
availabilities.
NATIONAL SECURITY CUTTER
The Coast Guard operates a fleet of 378-foot high endurance
cutters [HECs] that are over 43 years old on average, and are
increasingly unreliable and expensive to maintain. By
comparison, the average Navy ship is 14 years old. The Coast
Guard's current plan is to acquire eight National Security
Cutters [NSCs] to replace 12 HECs (of which two have been
decommissioned with the arrival of the first two NSCs). To
date, over $3,100,000,000 has been appropriated for five NSCs,
of which two have been delivered to the Coast Guard and the
third will be delivered by the end of fiscal year 2011. NSC-4
is under contract and is expected to be delivered in 2014.
The request in fiscal year 2012 of $77,000,000 for NSC-5
has been superseded by the fact that full funding was
appropriated for the cutter in fiscal year 2011. Therefore, the
Committee redirects these funds to acquire long lead time
materials necessary for production of NSC-6. According to the
Department, this will accelerate the production schedule for
the cutter and result in direct savings of $45,000,000 to
$60,000,000 compared to delaying the request for long lead
acquisition to the fiscal year 2013 budget.
As noted in prior years, the Committee strongly supports
the procurement of one National Security Cutter per year until
all eight planned ships are procured. The continuation of
production without a break will ensure that these ships, which
are vital to the Coast Guard's mission, are procured at the
lowest cost, and that they enter the Coast Guard fleet as soon
as possible. The Committee is concerned that the
administration's current acquisition policy requires the Coast
Guard to attain total acquisition cost for a vessel, including
long lead time materials, production costs, and post production
costs, before a production contract can be awarded. This has
the potential to create shipbuilding inefficiencies, forces
delayed obligation of production funds, and requires post
production funds far in advance of when they will be used. As
the Secretary noted in her testimony before the Committee, ``we
fully expect to build out the eight cutters.'' The Department
should therefore be in a position to acquire NSCs in the most
efficient manner within the guidelines of strict governance
measures. Therefore, the Committee includes language in the
bill specifying that funds made available by this act shall be
available to contract for long lead time materials for Coast
Guard vessels, notwithstanding the availability of funds for
production costs or post-production costs.
FAST RESPONSE CUTTER
The Committee recommends $358,000,000 for the Coast Guard's
Fast Response Cutter [FRC], as requested. This funding will
allow the Coast Guard to acquire six FRC hulls (13-18).
Procuring six Fast Response Cutters in fiscal year 2012 will
maximize the production line and generate cost savings of
$5,000,000 per hull for a total savings to the taxpayers of
$30,000,000. Funding six boats instead of four will also allow
the Coast Guard to decommission two additional aging 110-foot
Island Class Patrol Boats already beyond the end of their
projected service life and expensive to maintain. Each FRC will
provide 2,500 annual operating hours and an improved sea
keeping ability, resulting in better habitability and full
mission capability in higher sea states.
The Committee commends the Coast Guard's due diligence in
working with the Naval Engineering Technical Authority to
improve the structural design for the FRC hull to prevent the
potential need for any structural repairs prior to the end of
the cutter's 20-year service life. Based on the continued
involvement of the Coast Guard's technical authorities and
consultation with third party independent classification
societies, the identification and improvement of the structural
design prior to launching the first FRC prevented required
changes that would have been far more costly and impactful to
operations than if they were identified later in the lifecycle
of the cutter class.
The recommendation also includes funding for Re-procurement
Package and Data Rights, as requested, which is necessary to
support the planned re-competition of the next Fast Response
Cutter procurement. Not funding this effort in fiscal year 2012
would result in an FRC production gap, driving up procurement
costs and out-year operating and maintenance costs of legacy
assets well beyond their service life.
MEDIUM ENDURANCE CUTTER SUSTAINMENT
The recommendation includes $47,000,000 for the Medium
Endurance Cutter Sustainment Project, as requested. Funding
will complete sustainment work on five 270-foot cutters. This
funding is intended to improve mission effectiveness of these
vessels to allow them to meet their goals for program
availability through the remainder of their service lives. This
program has been successful in significantly reducing the
number of major equipment failures on these vessels resulting
in a much higher percentage of time they are fully mission
capable.
OFFSHORE PATROL CUTTER
The recommendation includes $25,000,000 for the Offshore
Patrol Cutter, as requested. Funding is provided for pre-
acquisition activities. The Committee expects the Coast Guard
to provide quarterly briefings to the Committee on the status
of this procurement, including critical decision points and
dates.
ROTARY WING REPLACEMENT AIRCRAFT
Since September 2008, the Coast Guard has lost four
helicopters in accidents. To date, funding has been
appropriated to replace only one of those assets. The
recommendation includes $36,600,000, $18,300,000 above the
request to replace two additional helicopters. Funds for the
second aircraft are provided in title V of the bill. The Coast
Guard is to brief the Committee no later than 60 days after the
date of enactment of this act on its plans for replacing lost
rotary wing operational assets.
MARITIME PATROL AIRCRAFT
The Committee recommends $104,500,00 for the Maritime
Patrol Aircraft [MPA], $25,000,000 below the budget request.
Funds are recommended for the acquisition of two aircraft
(MPAs-16 & 17), which will provide an additional 2,400 hours to
address the Coast Guard's MPA flight-hour gap. The Committee
recognizes the importance of the mission system pallet, which
is the electronic equipment to collect, compile, interpret, and
disseminate data from the MPA's sensors. However, the Coast
Guard is no longer purchasing these pallets from the original
systems integrator and has not identified a new acquisition
strategy to purchase them, making it unlikely that any funding
for pallets would be obligated in fiscal year 2012. Therefore,
the recommendation does not include funding for this purpose.
UNMANNED AIRCRAFT SYSTEMS
The Committee is aware of efforts by the Coast Guard to
evaluate both ship-based and land-based Unmanned Aircraft
Systems [UAS] for mission requirements. Both platforms have the
potential to enhance the Coast Guard's capability to execute
statutory requirements in the maritime domain. A recent Coast
Guard report concluded that upgraded sensors and greater
persistence could effectively extend a cutter's immediate
surveillance horizon by as much as 35 percent. This is why the
Committee is concerned with the absence of funding in the
budget request and the long-term Capital Investment Plan for
the acquisition of UAS. Prior to the establishment of a UAS
acquisition program, additional testing is necessary to
determine the viability of ship-based UAS systems on major
Coast Guard cutters. Therefore, the Committee includes
$8,000,000 under ``Research, Development, Test, and
Evaluation'' for the shipboard ground control equipment
necessary for ship-aircraft interface activities. The Committee
is also aware of $3,200,000 that remains available from Coast
Guard prior year appropriations for this purpose.
RESCUE 21
The Committee provides $65,000,000 for Rescue 21, as
requested. Rescue 21 is the Coast Guard's command, control, and
communications system to improve the ability to assist mariners
in distress and save lives and property at sea. Rescue 21 is
replacing the legacy National Distress and Response System
[NDRS] and is being deployed in stages. As requested, funds
will complete deployment in the Great Lakes and the OCONUS
Islands (San Juan, Puerto Rico; Honolulu, Hawaii; and Guam).
The funding will also recapitalize the legacy NDRS in the
Western Rivers (Sectors Ohio Valley, Upper Mississippi River,
and Lower Mississippi River); continue deployment to Alaska;
and continue installation of Rescue 21 communications equipment
on vessels. The Coast Guard is directed to continue quarterly
briefings to the Committee on the status of the program,
including any changes to the schedule outlined in the request.
NATIONWIDE AUTOMATIC IDENTIFICATION SYSTEM
The Committee recommends $5,000,000, as requested, for the
Nationwide Automatic Identification System [NAIS], which is the
Coast Guard's system to identify, track, and exchange
information with vessels operating in or approaching U.S.
waters. The funding is to continue the recapitalization and
permanent replacement of the temporary NAIS infrastructure
located in 58 ports. As requested, the fiscal year 2012 funding
will be used to deploy equipment for a permanent system to
Sectors New Orleans and Galveston. The Coast Guard also plans
additional site surveys that are necessary prior to the
deployment of the permanent NAIS solution. The Coast Guard is
to brief the Committee no later than 60 days after the date of
enactment of this act on its revised acquisition program
baseline and plans to complete sector deployment, including
resource estimates.
SHORE FACILITIES AND AIDS TO NAVIGATION
The Committee recommends $193,692,000 for shore facilities
and aids to navigation, as requested. The Coast Guard has
estimated its shore facilities construction backlog to be over
$500,000,000. The Coast Guard shall provide the Committee with
a prioritized list of projects (including the estimated cost
for each) in the backlog and the Coast Guard's plans to address
them by January 15, 2012.
COAST GUARD TRAINING CENTER BARRACKS
Not later than 60 days after the date of the enactment of
this act, the Coast Guard is to submit to the Committee a
report that outlines its plan for upgrading the barracks at the
Coast Guard's Training Center, including sprinkler systems and
gender equal facilities.
MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE
The Committee recognizes the importance of shore facility
infrastructure modifications, upgrades, and new construction
associated with homeporting new or modified cutters, boats, and
aircraft. Facility upgrades are necessary to maximize the
operational effectiveness of new assets being delivered.
Unfortunately, the Coast Guard's congressional justification
for this program includes limited information associated with
homeport infrastructure costs for Fast Response Cutters,
National Security Cutters, and other infrastructure needs
necessary to support new assets. In several cases, the request
includes funding for facility construction or upgrades for
homeports that have yet to be identified by the Coast Guard.
The Committee is left to wonder whether the amounts requested
are truly reliable. The Committee expects the Coast Guard to
improve its internal planning for placement of new assets and
associated facility improvements necessary to accommodate them.
No later than 30 days after the date of enactment of this act,
the Coast Guard is to provide the Committee a detailed
expenditure plan briefing on the selected homeports requiring
appropriations in fiscal year 2012.
COAST GUARD MILITARY HOUSING
The Committee provides $20,000,000, as requested, for the
recapitalization, improvement, and acquisition of housing to
support military families. As discussed under the ``Operating
Expenses'' section of this report, the Coast Guard shall
provide an expenditure plan to the Committee if a
reprioritization of military housing needs is required.
AC&I PERSONNEL
The Committee provides $110,192,000 for personnel and
related support, as requested. The Committee is concerned with
the Coast Guard's ability to track these costs. In fiscal year
2011, the Coast Guard required a reprogramming to cover an
increase in personnel hired that exceeded amounts appropriated.
If the Coast Guard had proper internal controls in place to
verify actual costs, this issue could have been prevented. The
Coast Guard is to brief the Committee no later than 90 days
after the date of enactment of this act on acquisition
personnel management, vacancy rates, how billets are assigned
to acquisition programs, and oversight of contract support.
According to a recent report by GAO, the Coast Guard has
leveraged expertise from other agencies to support various
acquisition programs. However, according to GAO, Coast Guard
program staff has access to just 5 of 81 agreements. GAO has
recommended improvement in this area in order for Coast Guard
acquisition program managers to have better insight into the
work DOD and other agencies are performing. Therefore, the 90-
day briefing requirement shall also include a discussion of
efforts to catalogue all interagency agreements with the DOD.
QUARTERLY ACQUISITION REPORTS
The Commandant is directed to continue to submit to the
Committee quarterly acquisition and mission emphasis reports
consistent with deadlines articulated under section 360 of
division I of Public Law 108-7. The Coast Guard shall continue
submitting these reports in the same format as required in
fiscal year 2010, with the following modifications:
--For small boat purchases and leases from the ``Operating
Expenses'' appropriation, the reports shall include the
quantity, planned obligations for the fiscal year,
obligations to date, and expenditures to date. The
report shall also include an investment description for
each purchase or lease planned for the fiscal year,
including a description of the capability gap being
addressed or enhancement to Coast Guard mission
performance;
--The project risk sections shall include the top 5 risks for
each Coast Guard acquisition identified in the report,
consistent with those on the risk watch list in
quarterly program manager reports. The risks should
include those that may have future budget implications,
such as spare parts. If the project has no risks, that
should be clearly stated in the report;
--The Coast Guard is to submit the quarterly acquisition
reports by the 15th day of each fiscal quarter in order
to be of timely use to the Committee.
FLEET MIX ANALYSIS
In July 2010, the Government Accountability Office [GAO]
recommended that the Coast Guard review the cost and mix of its
assets and identify trade-offs given fiscal constraints.
According to GAO testimony in April 2011, ``The Department of
Homeland Security agreed with the recommendation; however, the
Coast Guard has not yet implemented it.'' Since 2008, the Coast
Guard has been conducting a study called the ``Fleet Mix
Analysis'' to analyze asset requirements and to validate and
recommend fleet mix options to best execute operational
missions. Phase 1 of the analysis has been completed, but it
was unconstrained by cost considerations and led to unrealistic
conclusions considering the current fiscal environment. Phase 2
of the Fleet Mix Analysis is underway, which is examining
performance of alternative fleet mixes while applying fiscal
constraints. The Coast Guard expects to complete this study in
fiscal year 2011. The Committee is also aware of a separate
Departmental study that is in the final stages of Departmental
review called the ``Cutter Fleet Mix Analysis''. The Coast
Guard shall submit both the ``Fleet Mix Analysis'' (Phases 1
and 2) and the ``Cutter Fleet Mix Analysis'' to the Committee
and GAO once they are completed, but no later than 30 days
after the date of enactment of this act. GAO shall provide an
assessment of the results no later than 120 days following the
submission of the report to the Committee.
UNFUNDED PRIORITIES
The Committee directs the Commandant to provide to the
Congress, at the time of the President's budget submission, a
list of approved but unfunded Coast Guard priorities and the
funds needed for each.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriations, 2011.................................... $24,696,000
Budget estimate, 2012................................... 19,779,000
House allowance......................................... 12,779,000
Committee recommendation................................ 27,779,000
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 $27,779,000 for the Coast Guard's
research, development, test, and evaluation activities,
$8,000,000 above the budget request and $3,083,000 above the
fiscal year 2011 level.
Included in the amount recommended by the Committee is
$8,000,000 for ship-based unmanned aircraft systems [UAS]. This
funding, in addition to amounts previously appropriated, is
required to purchase the necessary shipboard integration
equipment and support an advanced concept technology
demonstration.
The Committee encourages the Coast Guard to research and
develop a composite or hybrid-composite year-round ice buoy
that will perform the same functions as legacy buoys.
RETIRED PAY
Appropriations, 2011.................................... $1,400,700,000
Budget estimate, 2012................................... 1,440,157,000
House allowance......................................... 1,440,157,000
Committee recommendation................................ 1,440,157,000
This account provides for the retired pay of military
personnel of the Coast Guard and Coast Guard Reserve, members
of the former Lighthouse Service, and for annuities payable to
beneficiaries of retired military personnel under the retired
serviceman's family protection plan (10 U.S.C. 1431-1446) and
survivor benefit plan (10 U.S.C. 1447-1455); payments for
career status bonuses under the National Defense Authorization
Act; and payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C., ch. 55).
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,440,157,000, as proposed in the
budget, for retired pay. This amount is $39,457,000 more than
the fiscal year 2011 level.
United States Secret Service
SALARIES AND EXPENSES
Appropriations, 2011.................................... $1,511,332,000
Budget estimate, 2012................................... 1,691,751,000
House allowance......................................... 1,666,451,000
Committee recommendation................................ 1,670,237,000
The United States Secret Service's [USSS], salaries and
expenses appropriation provides funds for the security of the
President, the Vice President, and other dignitaries and
designated individuals; for enforcement of laws relating to
obligations and securities of the United States and laws
relating to financial crimes; and for protection of the White
House and other buildings within the Washington, DC,
metropolitan area.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,670,237,000 for Salaries and
Expenses. This is an increase of $158,905,000 from the fiscal
year 2011 level and $21,514,000 below the amount proposed in
the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
UNITED STATES SECRET SERVICE--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2012 budget Committee
2011 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, management, and administration................... 226,284 246,602 201,088
Information Integration and Technology Transformation.......... .............. .............. 43,843
Protection:
Protection of persons and facilities....................... 769,978 847,963 831,963
Protective intelligence activities......................... 67,688 68,125 68,125
National Special Security Event Fund....................... 998 19,307 19,307
Presidential candidate nominee protection.................. 17,831 113,462 113,462
White House mail screening................................. 22,370 24,315 18,472
------------------------------------------------
Subtotal, Protection..................................... 878,865 1,073,172 1,051,329
================================================
Investigations:
Domestic field operations.................................. 256,897 223,991 223,991
International field office administration, operations, and 30,644 30,971 32,971
train- ing...............................................
Electronic crimes special agent program and electronic 56,042 53,051 53,051
crimes task forces........................................
Support for missing and exploited children................. 8,349 8,366 8,366
------------------------------------------------
Subtotal, Investigations................................. 351,932 316,379 318,379
================================================
Training: Rowley Training Center............................... 54,251 55,598 55,598
------------------------------------------------
Total, Salaries and expenses............................. 1,511,332 1,691,751 1,670,237
----------------------------------------------------------------------------------------------------------------
SECRET SERVICE ACTIVITIES
The Committee fully funds the request for the 2012
Presidential campaign, protective intelligence, domestic
investigations, Electronic Crimes Task Forces, support for
missing and exploited children, and training. The Committee
includes $10,000,000, $8,000,000 below the request, for data
center migration activities.
The Committee notes that priority for Operational Mission
Support funding is given to White House Communication Agency
interoperability and cyber security improvements. The Committee
directs the Secret Service to provide a report not later than
90 days after the date of enactment of this act on how it plans
to obligate the Operational Mission Support and data center
migration activities, the level of funding directed to these
activities in this act, the anticipated funding requirements in
the out-years to complete each activity, and the prioritization
given to each activity.
The Committee is aware that due to various efficiencies
found by the Secret Service and its decision not to open the
``third mail processing lane'', the actual requirements to
operate the White House mail screening facility is $18,472,000,
$5,843,000 below the request. The Committee recommends
$18,472,000.
NATIONAL SPECIAL SECURITY EVENTS
The Committee recommends $19,307,000, as requested, for
support to currently planned and unanticipated National Special
Security Events [NSSEs] for fiscal year 2012. As the Secret
Service knows in advance of a number of NSSEs scheduled to
occur during the fiscal year, it has been able to plan its
budget accordingly. The Committee directs the USSS to provide
quarterly briefings on the use of these funds, with the first
briefing to occur not later than 30 days after the end of the
first quarter.
INFORMATION INTEGRATION AND TECHNOLOGY TRANSFORMATION
The Committee recommends $43,843,000 for Information
Integration and Technology Transformation [IITT], the level
requested. In order to provide the appropriate level of
visibility to this critical activity, the Committee has created
a new program, project, and activity line for Information
Integration and Technology Transformation programs. This
includes the movement of $7,000,000 requested for IITT
activities in the ``Protection of persons and facilities'' PPA
and $36,843,000 in the ``Headquarters, management, and
administration'' PPA.
The Committee has been concerned that the Secret Service
has not had a complete understanding of its information
technology requirements, the scope of the problem, and how to
develop a multi-year plan to address it. In the fiscal year
2010 DHS Appropriations Act, the Committee directed the USSS to
work with the DHS Chief Information Officer [CIO] to develop an
information technology modernization plan that is consistent
with DHS guidance on data center migration and enterprise
architecture requirements. This requirement has assisted the
USSS in focusing on the need to better address this critical
requirement. The Committee includes statutory language
withholding $20,000,000 of these funds from obligation until
the DHS CIO certifies to the Committee not later than December
1, 2011, that Secret Service modernization activities are
consistent with the Department's guidance.
The Committee also directs the USSS to provide greater
detail in the justifications accompanying the fiscal year 2013
budget request on all USSS information technology activities.
INTERNATIONAL ACTIVITIES AND OFFICES
The Secret Service's efforts to combat U.S. currency
counterfeiting in Colombia have proven effective. In
anticipation of counterfeiting activities growing in
neighboring Peru, the USSS has sought and received approval
from the State Department and the Peruvian government for
authority to have a permanent presence in Peru. Previously,
USSS support to Peruvian law enforcement has been conducted on
a rotating, temporary basis. The Committee encourages execution
of the permanent presence.
Additionally, financial crimes continue to emerge in
eastern Asia as a threat to the economic stability of the
United States. Given the growing Chinese economy and the fact
that Beijing is the most visited Asian destination of Secret
Service protectees, the Committee understands that the USSS
also has requested and recently received final approval by the
Ministry of Foreign Affairs of the People's Republic of China
for the establishment of a permanent Secret Service office in
Beijing. The Committee supports the establishment of a Resident
office in Lima, Peru, and recommends $2,000,000 to open and
staff the office. The Committee understands that the Secret
Service has sufficient base investigative funding to open the
Beijing office, but requests a briefing on the future funding
requirements no later than November 4, 2011. Additionally, the
Committee directs the USSS to provide a briefing on the
establishment of both offices not later than February 17, 2012.
FINANCIAL MANAGEMENT
On April 27, 2010, GAO advised the Congress that it had
confirmed an Antideficiency Act violation by the United States
Secret Service for Presidential candidate protection activities
during the 2008 election. On August 8, 2011, DHS sent to the
President and Congress the Antideficiency Act report mandated
by law confirming the January 2009, violations and identifying
corrective actions. The Committee is disappointed that it was
more than 15 months between Congress being advised by GAO of
the violation and Congress' receipt of the formal report. The
Committee directs the Department to adhere to the corrective
actions it has established to prevent future violations by
improving policies and procedures to ensure that information
related to potential future shortfalls are identified for
appropriate action so as to avoid a violation of the law. The
Committee also directs the Secret Service to develop written
procedures for preparing and reviewing budget execution reports
as specified in the Secretary's August 8, 2011, letter.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2011.................................... $3,967,000
Budget estimate, 2012................................... 6,780,000
House allowance......................................... 6,780,000
Committee recommendation................................ 5,380,000
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 $5,380,000, $1,400,000 below the
request and $1,413,000 above the fiscal year 2011 level, for
infrastructure improvements and other activities at the James
J. Rowley Training Center due to higher funding priorities
within a constrained allocation.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
The National Protection and Programs Directorate aims to
foster better integration of national approaches between
strategic homeland security programs, facilitate infrastructure
protection, ensure broad emergency communications capabilities,
integrate risk management, provide identity safeguards for
visitors to this country, and ensure the protection of Federal
buildings and facilities.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year 2012 Committee
2011 enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and administration............................... 43,490 55,156 37,875
Infrastructure protection and information security:
Infrastructure protection............................... 323,036 322,278 317,415
Cybersecurity........................................... 363,054 459,098 449,959
Telecommunications...................................... 152,673 150,365 146,165
Assistant Secretary for Cybersecurity and Communications ............... 4,744 4,744
Federal Protective Service.................................. 1,115,000 1,261,537 1,261,537
United States Visitor and Immigrant Status Indicator 333,944 302,271 297,402
Technolo- gy..............................................
Cancellation................................................ ............... (-25,642) ...............
---------------------------------------------------
Subtotal, US-VISIT.................................... 333,944 276,629 297,402
---------------------------------------------------
Total, National Protection and Programs Directorate 2,331,197 2,529,807 2,515,097
(gross)..............................................
===================================================
Offsetting fee collections.................................. -1,115,000 -1,261,537 -1,261,537
---------------------------------------------------
Total, National Protection and Programs Directorate 1,216,197 1,268,270 1,253,560
(net)................................................
----------------------------------------------------------------------------------------------------------------
MANAGEMENT AND ADMINISTRATION
Appropriations, 2011.................................... $43,490,000
Budget estimate, 2012................................... 55,156,000
House allowance......................................... 42,511,000
Committee Recommendation................................ 37,875,000
This account funds salaries and expenses for the Office of
the Under Secretary, which oversees all activities of the
National Protection and Programs Directorate [NPPD]. This
account also funds business operations, information technology
support services, and the Office of Risk Management and
Analysis.
COMMITTEE RECOMMENDATIONS
The Committee recommends $37,875,000, for Management and
Administration, of which $33,634,000 is for Directorate
Administration and $4,241,000 is for the Office of Risk
Management and Analysis. In total, this is $5,615,000 below the
fiscal year 2011 level, and $17,281,000 below the budget
request.
The total amount includes no funding, instead of
$12,000,000 as requested in the budget, for data center
migration. NPPD is encouraged to submit a budget request for
the costs associated with data center migration in fiscal year
2013.
BUDGET EXECUTION
To date, most National Protection and Programs Directorate
programs have had appropriated funding available for execution
over a 2-year period. This was important when new missions were
being developed and programs were in their infancy. For the
most complex programs, or programs sensitive to procurement
changes, it is still important to have some portion of funding
available beyond the fiscal year in which it is appropriated in
order to responsibly operate programs. However, many NPPD
programs have reached a point where the majority of funds can
be executed in the year the funds are appropriated.
Unfortunately, NPPD has not prioritized aligning budget
execution with the fiscal year, which in turn causes high
carryover balances. This continued practice puts important
programs at risk of reductions. The Committee directs the NPPD,
Office of the Chief Financial Officer, to provide a strategic
plan, within 30 days after the date of enactment of this act,
regarding how it will align budget execution with the fiscal
year including specific detail about realigning obligation
timeframes. Further, the plan shall identify the rare instances
where execution of funds must occur beyond the fiscal year of
the appropriation and provide a justification for why this is
necessary. Finally, NPPD is directed to provide specific detail
and a justification in the fiscal year 2013 budget submission
for any funding request that includes availability for longer
than the fiscal year in which the funds are requested.
OFFICE OF RISK MANAGEMENT AND ANALYSIS
The Committee recommends $4,241,000 for the Office of Risk
Management and Analysis [RMA], a reduction of $5,281,000 from
the budget request and $4,636,000 below the fiscal year 2011
level.
The Committee has repeatedly expressed concern about the
ability of RMA to provide applicable risk management and
analysis products for practical use by departmental components.
The National Academy of Sciences [NAS] found in a recent report
that the Department's risk analysis capabilities and methods
are inadequate to support decisionmaking because validity and
reliability was untested. The NAS study recommended major
reforms to the RMA approach to risk modeling and strategic
planning, yet no reform or strategic plan has been proposed.
Expenditure plans and official responses to questions for the
record that have been required by the Committees on
Appropriations have not aided in a better understanding of the
strategic direction of RMA. The Under Secretary is directed to
provide a strategic plan for the orderly termination of the
Office during fiscal year 2012, including transfers of existing
capabilities that are valuable for other DHS offices such as
NPPD, FEMA, and the Office of Policy. Should the Under
Secretary determine that a substantially reorganized office can
more effectively accomplish risk management goals for the
Department with the resources provided, the Committee will
entertain a reprogramming request.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
Appropriations, 2011.................................... $838,763,000
Budget estimate, 2012................................... 936,485,000
House allowance......................................... 891,243,000
Committee recommendation................................ 918,283,000
Infrastructure Protection and Information Security [IPIS]
assists the entities and people responsible for securing the
Nation's critical infrastructure assets. In addition, IPIS
works collaboratively with public, private, and international
entities to secure cyberspace and U.S. cyber assets, and reduce
the vulnerability of the Nation's telecommunications and
information technology infrastructures.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$918,283,000 for Infrastructure Protection and Information
Security [IPIS] programs. The Committee rejects the proposal to
move funding for the National Computer Forensic Institute to
the Federal Law Enforcement Training Center and directs NPPD to
maintain the current program in fiscal year 2012.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2012 budget Committee
2011 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Infrastructure protection and information security:
Infrastructure protection:
Infrastructure and analysis and planning.............. 80,170 74,518 72,700
Sector management and governance...................... 82,194 87,045 84,000
Regional field operations............................. 64,742 61,367 61,367
Infrastructure security compliance.................... 95,930 99,348 99,348
-------------------------------------------------
Subtotal, Infrastructure protection................. 323,036 322,278 317,415
=================================================
Assistant Secretary for Cybersecurity and Communications...... .............. 4,744 4,744
=================================================
Information security:
Cybersecurity:
Cybersecurity coordination............................ 4,990 5,000 5,000
US-Computer Incident Response Team [US-CERT] 77,432 82,114 80,000
Operations...........................................
Federal network security.............................. 19,651 40,923 35,000
Network security deployment........................... 176,017 233,602 232,500
Global cybersecurity management....................... 17,506 24,527 24,527
Critical infrastructure cyber protection and awareness 52,637 61,364 61,364
Business operations................................... 14,821 11,568 11,568
-------------------------------------------------
Subtotal, Cybersecurity............................. 363,054 459,098 449,959
=================================================
Telecommunications:
Priority telecommunications services...................... 56,170 56,824 56,824
Programs to study and enhance telecommunications.......... 16,624 13,441 13,441
Critical infrastructure protection programs............... 14,854 11,352 11,352
Next generation networks.................................. 21,053 25,253 21,053
Office of emergency communications........................ 43,972 43,495 43,495
-------------------------------------------------
Subtotal, Telecommunications............................ 152,673 150,365 146,165
-------------------------------------------------
Subtotal, Information security.......................... 515,727 609,463 596,124
-------------------------------------------------
Subtotal, Infrastructure protection and information 838,763 936,485 918,283
security...............................................
----------------------------------------------------------------------------------------------------------------
INFRASTRUCTURE PROTECTION
The Committee recommends $317,415,000 for Infrastructure
Protection, $4,863,000 below the request and $5,621,000 below
the fiscal year 2011 level.
The Committee includes no less than $15,968,000, for the
National Infrastructure Simulation and Analysis Center [NISAC]
and $22,268,000 for vulnerability assessments, the same amounts
as requested in the budget.
The Government Accountability Office [GAO] found in a
recent report (GAO-10-722) that the Department's efforts to
assess and promote resiliency, as called for in Homeland
Security Presidential Directive-7, related to Critical
Infrastructure Identification, Prioritization, and Protection,
are evolving but that program management could be strengthened.
Recommendations were specifically made by GAO for the
Department to develop resiliency performance measures, update
guidelines, and develop a feasible approach to disseminate
resiliency information. Further, a June 2011 report by the
Office of Inspector General (OIG-11-89) found that planning,
management, and systems issues hinder DHS' efforts to protect
the Nation's cyber infrastructure. NPPD is directed to provide
a briefing to the Committee on the resolution of the
recommendations from both reports within 30 days after the date
of enactment of this act.
The Committee recognizes the importance of continued
public-private partnership activities between industry, which
is the predominate owner of the Nation's infrastructure, and
the Government as it relates to security of critical
infrastructure. The Committee notes that the fiscal year 2012
budget request indicates that NPPD will streamline various
methods and processes for coordination and information sharing
with industry partners through National Infrastructure
Protection Plan management, Critical Infrastructure Key
Resources coordination, and Sector-Specific Agency management.
The Committee directs NPPD to provide a report to the Committee
no later than 60 days after the date of enactment of this act
on the results from a thorough review of all efforts related to
coordinating and executing plans; implementing performance
metrics; sustaining systemic communication; executing Sector-
Specific Agency functions; and providing education, training
and outreach. Further, the Committee directs GAO to review the
results of the NPPD report and related efforts of the
streamlining process no later than 60 days after receiving the
report to determine the extent to which they were designed to
ensure mission clarity; useful and actionable work products;
efficacy of planning and information sharing; and that cost
savings are achieved where possible.
The Committee encourages NISAC to continue to work with the
National Incident Management Systems and Advanced Technologies
Institute at the University of Louisiana at Lafayette.
NPPD is encouraged to review products that have been
cleared by the Food and Drug Administration, have received
Designation and Certification under the SAFETY Act, and are on
the Department of Defense list of approved treatments for
decontamination and neutralization for possible use at covered
facilities for post-attack readiness.
The Committee is concerned that there are not enough
inspection, enforcement, and compliance personnel to
effectively implement the Chemical Facility Anti-Terrorism
Standards. NPPD is directed to provide quarterly updates to the
Committee on the number of: inspections completed; inspections
pending; inspection, enforcement, and compliance personnel on-
board, and position vacancies. The Committee encourages the
Department to explore possible internal collaborations among
DHS agencies, including the Coast Guard, on inspections.
CYBERSECURITY
The Committee recommends $449,959,000 for Cybersecurity,
$9,139,000 below the request and $86,905,000 above the fiscal
year 2011 level.
When launching the Cyberspace Policy Review, the President
declared that, ``the cyber threat is one of the most serious
economic and national security challenges we face as a nation''
and that ``America's economic prosperity in the 21st century
will depend on cybersecurity.'' A June 2011 report by the
Office of Inspector General (OIG-11-89) found that progress has
been made in some areas but that planning, management, and
systems issues hinder DHS' efforts to protect cyber space. NPPD
is directed to brief the Committee on its progress to address
and implement the OIG findings no later than 30 days after the
date of enactment of this act.
Of the amount provided, $14,876,000 is for cyber education
and $8,012,000 is for outreach and awareness, as requested. The
Committee urges NPPD to continue to work with partners in
ensuring a focus on professional development and building a
knowledge-based workforce on cybersecurity.
The Committee directs the Secretary, in conjunction with
the Department of Education, Department of Defense, the
National Institutes of Standards and Technology, and the
National Science Foundation to provide a report on program
investments to date for promoting cybersecurity education and
digital literacy. Further, the Committee urges the departments
and agencies to coordinate efforts and develop a robust program
for promoting cybersecurity education and digital literacy. The
Department of Homeland Security shall brief the Committee by
March 1, 2012, on its plans to educate 1,700,000 students over
the next 10 years.
The Committee understands that NPPD is coordinating with
the Department of Defense regarding pilot programs that will
illustrate how innovative technologies can be deployed across
Government agencies and key elements of the private sector
consistent with an executable operational concept. Further, the
Committee is aware that NPPD engages directly with industry to
better understand existing and developing cybersecurity
technologies in the private sector. These efforts contribute to
the President's Cyberspace Policy Review and the Comprehensive
National Cyber Security Initiative. NPPD is directed to brief
the Committee, no later than 45 days after the date of
enactment of this act, on the status of this work to evaluate
cybersecurity technologies, including: the number of pilots
being conducted; the cost, purpose, and timeframe for each; and
how the findings of each will be implemented.
In the joint explanatory statement accompanying the
Department of Homeland Security Appropriations Act, 2010, the
Committee directed NPPD, in conjunction with the Federal
Emergency Management Agency [FEMA], to develop the necessary
tools for all levels of governments to complete a cyber network
security assessment. NPPD, in conjunction with FEMA, is
directed to provide a briefing to the Committee on the specific
timeframe in which the effort will be completed and implemented
no later than 45 days after the date of enactment of this act.
Further, the briefing shall provide an update on how this
effort and other on-going efforts by both components contribute
to completion of the recommendation in the September 2010
Report to Congress of the Local, State, Tribal, and Federal
Preparedness Task Force to ``ensure national cybersecurity
efforts address local, State, Tribal, and Territorial
preparedness implications''.
TELECOMMUNICATIONS
The Committee recommends $146,165,000 for
Telecommunications, $4,200,000 below the request and $6,508,000
below the fiscal year 2011 level. Of the total amount, the
Committee includes $43,495,000 for the Office of Emergency
Communications [OEC], the same amount as the budget request,
and $477,000 below the fiscal year 2011 level.
It has been 10 years since the terrorist attacks on
September 11, 2001. The failure of communications during that
incident has been cited in the 9/11 Commission report and has
been the subject of many recommendations for resolution. When
Hurricane Katrina struck, another call to resolve
communications issues was made. Since that time, the Federal
Government and the Department of Homeland Security have devoted
significant resources to solving the interoperable
communications problem--over $4,500,000,000 in Federal homeland
security grants alone. The Committee notes that the initial
goal established in the National Emergency Communication Plan--
that 90 percent of high-risk urban areas be able to demonstrate
response level communications within an hour of routine events
with multi-jurisdictions--has been successfully completed
within the required timeframe of calendar year 2010.
While progress has been made, there is much more to do. The
emergence of commercial broadband services provide emergency
responders with new opportunities to improve communications.
Despite this potential, public safety faces several challenges
in integrating new technologies and proving their reliability.
The Committee directs OEC to report to the Committee no later
than 180 days after the date of enactment of this act on the
progress since September 2001 to improve emergency
communications and what challenges lie ahead. Particular focus
should be placed on the adoption of broadband technologies and
the key issues and barriers still facing the emergency response
agencies on this issue. The report is to include any needed
update to the National Emergency Communications Plan to reflect
the emergence of broadband technologies for public safety and
this update shall be developed in cooperation with State,
local, and tribal governments, relevant Federal agencies,
emergency response providers, and the private sector. Further,
the report shall include a plan to develop and disseminate
training and best practices on governance, standard operating
procedures, equipment purchases, and related issues for
broadband technologies; and to deliver technical assistance to
public safety agencies on broadband technologies.
The Committee also directs OEC, in conjunction with the
Federal Communications Commission [FCC], to brief the Committee
on planning, analysis, and coordination efforts with the FCC
and other Federal agencies for deployment and operation of the
Public Safety Broadband Network no later than 45 days after the
date of enactment of this act.
Through the Emergency Communications Preparedness Center,
the OEC leads an interagency body that serves as the focal
point and clearinghouse for intergovernmental emergency
communications information sharing, and for strategic
assessment on Federal coordination to advance emergency
communications. OEC is directed to provide the annual report
required in the 21st Century Emergency Communication Act of
2006 (6 U.S.C. 576) regarding a strategic assessment, and
coordination efforts, of Federal agencies to advance the
ability to have interoperable communications during a disaster
without delay.
The Next Generation Network Priority Services program was
established to address the ramifications of continuously
evolving communications technology on the Government's ability
to deliver national security and emergency preparedness voice
communications. The Committee recognizes that while
improvements to program management have been made, NPPD still
has much work to do in fiscal year 2012 with industry before
this program can be fully implemented. NPPD is directed to
provide a report to the Committee no later than 60 days after
the date of enactment of this act on the milestones reached to
date and the timeframe for execution of this program.
FEDERAL PROTECTIVE SERVICE
Appropriations, 2012\1\................................. $1,115,000,000
Budget estimate, 2012\1\................................ 1,261,537,000
House allowance\1\...................................... 1,261,537,000
Committee recommendation\1\............................. 1,261,537,000
\1\Fully funded by offsetting collections paid by General Services
Administration tenants and credited directly to this appropriation.
The Federal Protective Service [FPS] is responsible for the
security and protection of Federal property under the control
of the General Services Administration [GSA]; and for the
enforcement of laws for the protection of persons and property,
the prevention of breaches of peace, and enforcement of any
rules and regulations made and promulgated by the GSA
Administrator and/or the Secretary. The FPS authority can also
be extended by agreement to any area with a significant Federal
interest. The FPS account provides funds for the salaries,
benefits, travel, training, and other expenses of the program,
offset by collections paid by GSA tenants and credited to the
account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,261,537,000, as requested, for
salaries and expenses of the Federal Protective Service for
fiscal year 2012; this amount is fully offset by collections of
security fees.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................ 220,000 247,478 247,478
Building specific security................................ 420,000 501,039 501,039
Reimbursable security fees (contract guard services)...... 475,000 513,020 513,020
-----------------------------------------------------
Total, Federal Protective Service................... 1,115,000 1,261,537 1,261,537
Offsetting fee collections................................ -1,115,000 -1,261,537 -1,261,537
----------------------------------------------------------------------------------------------------------------
ADEQUATE RESOURCING
Since fiscal year 2007, the Committee has expressed concern
over the apparent lack of adequate resourcing for FPS. The
attacks on the World Trade Center in 1993 and 2001, the
Oklahoma City bombing, the attacks and shootings at the
Pentagon and Fort Hood, and the plane attack on the Internal
Revenue Service building in Texas are indicative of the threat
to the Federal workforce. In fact, according to the Social
Security Administration [SSA] Inspector General, threats
against SSA employees have risen from 897 in 2007 to 2,336 in
2010. Therefore, the Committee is pleased to see an increase of
121 FTE is included in the budget request. However, concerns
remain that FPS is still not properly resourced to complete its
mission. Despite a known need for a workforce analysis study
and strategic human capital plan, neither has been finalized.
FPS is currently funded through fees assessed to
participating agencies by the Office of Management and Budget
[OMB]. A provision is included requiring the Secretary and the
Director of OMB to certify that FPS is sufficiently funded to
support a staff of 1,371 FTE staff, including at least 1,007
FTE Police Officers, Inspectors, Area Commanders, and Special
Agents, the same amount as included in the request, by December
31, 2011. Further, a new provision is included requiring that
FPS submit a strategic human capital plan that aligns fee
collections to personnel requirements based on a current threat
assessment with the fiscal year 2013 budget submission. In
addition, the Committee directs GAO to report to the Committee
within 60 days after the receipt of the plan on its validity.
The Committee notes that GAO recommended in a recent report
(GAO-11-492) that FPS conduct regular fee reviews and make the
findings of the reviews available to customers. Further, GAO
recommended that FPS evaluate its fee structure and the timing
of budgetary decisions. FPS is directed to brief the Committee
quarterly on the progress of fulfilling such recommendations.
The Committee is aware that the Department has decided to
assume full security and protection responsibilities for
agencies that have previously carried this function out through
a delegation of authority from the Secretary of Homeland
Security. The Committee understands the Department's desire to
have better insight into the security operations at all Federal
facilities, but the Committee cautions that a ``one size fits
all,'' solution could have negative budgetary consequences for
the agencies that lose this delegated authority, while at the
same time potentially not improving security performance beyond
currently provided levels. FPS is directed to submit to the
Committees and to GAO, within 60 days of the date of enactment
of this act, the proposed plan to assume security and
protection responsibilities from agencies that currently hold
delegated authority. The plan shall include a cost/benefit
analysis of the various models, including the costs associated
with FPS carrying out the function compared to the current
costs of those services as provided by the agencies receiving
the delegation. The Committee directs GAO to review this issue
and develop a set of recommendations for consideration by the
Congress on security and protection models that could be
implemented at the affected agencies. GAO shall report to the
Committees with its findings within 180 days of the date of
enactment of this act.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY
Appropriations, 2011.................................... $333,944,000
Budget estimate, 2012\1\................................ 276,629,000
House allowance......................................... 297,402,000
Committee recommendation................................ 297,402,000
\1\Includes a proposed cancellation of $25,642,000.
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 $297,402,000, $4,869,000 below the
budget request excluding the proposed cancellation of
$25,642,000 which the Committee rejects, to remain available
until September 30, 2014, for the United States Visitor and
Immigrant Status Indicator Technology [US-VISIT].
VISA OVERSTAY BACKLOG
If the Government has records of individuals entering the
United States who are supposed to depart by a date certain, it
is irresponsible to ignore these out-of-status individuals.
This represents both a potential national security threat while
further undermining our immigration system. In this regard, the
Committee is pleased that US-VISIT is beginning to address its
backlog of visa overstay records. The Committee directs US-
VISIT, jointly with ICE, to submit a report to the Committee on
how it will complete this activity no later than 90 days after
the date of enactment of this act. The Committee provides up to
$5,000,000, available by transfer from ICE, Salaries and
Expenses, to assist in this effort.
IMPLEMENTATION OF BIOMETRIC AIR EXIT
The Committee strongly supports the full implementation of
a biometric air exit capability at the earliest practicable
time.
The Committee is concerned that the Department of Homeland
Security has failed to implement a comprehensive biometric air
exit program. The Committee strongly believes it is the
responsibility of the Department to ensure that the visa waiver
program works efficiently without compromising our national
security and reminds the Department that expansion of the visa
waiver program is prohibited by law until a biometric air exit
system is in place.
The Committee includes language in the bill providing that
not less than $18,000,000 in prior-year balances shall remain
available until expended solely for implementation of a
biometric air exit capability.
BRIEFINGS
All current quarterly briefings on US-VISIT programs shall
be provided on a semiannual basis.
UNIQUE IDENTITY/IAFIS INTEGRATION AND 10-PRINT TRANSITION
Since the creation of the Department, this Committee has
strongly supported and encouraged real-time interoperability
between the IDENT and IAFIS biometric databases and the
transition to capturing 10 fingerprints of all visitors to the
United States. The Committee notes that the interoperability
effort from September 2006 through April 30, 2010, has
identified more than 55,900 individuals with wants and warrants
or who are known or suspected terrorists and has prevented
their entry into the United States. The Committee recognizes
that the FBI's transition to the Next Generation Identification
of fingerprinting technology is an ongoing, multi-year process,
and the Committee fully funds the $32,600,000 request for
Unique Identity as US-VISIT continues its portion of the
interoperability effort with the FBI. The Committee directs the
US-VISIT program office to continue aggressively pursuing this
issue and to continue providing semiannual briefings on
progress being made on Unique Identity.
US-VISIT'S KEY ROLE IN IDENTITY MANAGEMENT AND NATIONAL BIOMETRIC
ACTIVITIES
Due to its cross-cutting nature, US-VISIT not only offers
high-quality identity management services to all DHS
operational components, but also provides a unique opportunity
for sharing information and collaborative planning and problem
solving among biometric stakeholders at the Departments of
State, Justice, Defense, and the Intelligence Community. In
short, US-VISIT continues to grow and develop as a resource
that benefits not only DHS but other national and international
efforts.
It is vital that the Department recognize the importance
and impact of biometrics in safeguarding the security of the
United States, and as such, should take a leadership role in
biometric identification in the U.S. Government. The Department
needs to formally designate US-VISIT as the biometric service
provider for the entire Department.
The Committee is encouraged by the progress US-VISIT has
made in working closely with an increasing number of foreign
governments as they seek to implement biometrics into their
immigration and border management processes, exploring more and
more opportunities for gaining global cooperation and
collaboration to combat terrorism and international crime. The
Committee urges greater coordination with the Department of
Defense on biometrics use and sharing. The Committee directs
US-VISIT to provide a report to the Committee not later than 60
days after the date of enactment of this act detailing
interagency cooperation on biometrics and US-VISIT's role in
developing partnerships to strengthen global security.
The Committee notes that US-VISIT 1.0 may enable the US-
VISIT program to fulfill its mission and requirements for
effectiveness and suitability going forward. The Committee
directs US-VISIT to include in the first quarterly briefing
update on how US-VISIT 1.0 would ensure that US-VISIT can
continue to meet growing and evolving biometric and biographic
identity services for its customers.
Office of Health Affairs
Appropriations, 2011.................................... $139,455,000
Budget estimate, 2012................................... 160,949,000
House allowance......................................... 165,949,000
Committee recommendation................................ 159,450,000
SUMMARY
The Office of Health Affairs [OHA], headed by the Chief
Medical Officer who also serves as the Assistant Secretary for
Health Affairs, leads the Department on medical issues related
to natural and man-made disasters; serves as the principal
advisor to the Secretary on medical and public health issues;
coordinates biodefense activities within the Department; and
serves as the Department's primary contact with other
Departments and State, local, and tribal governments on medical
and public health issues.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
OFFICE OF HEALTH AFFAIRS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2012 budget Committee
2011 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
BioWatch....................................................... 100,780 115,164 115,164
National Biosurveillance Integration Center.................... 7,000 7,014 3,514
Rapidly Deployable Chemical Detection System................... 2,400 (\1\) (\1\)
Chemical Defense Program....................................... .............. 2,439 5,439
Planning and coordination...................................... 2,276 6,162 6,162
Salaries and expenses.......................................... 26,999 30,170 29,171
------------------------------------------------
Total, Office of Health Affairs.......................... 139,455 160,949 159,450
----------------------------------------------------------------------------------------------------------------
\1\Similar activities funded under Chemical Defense Program.
BIOWATCH
The Committee recommends $115,164,000 for the BioWatch
program, $14,384,000 above the fiscal year 2011 level and the
same amount as the budget request. From its inception, the
Committee has expressed great concern about the troubled
implementation and slow progress of the BioWatch program. While
concerns remain, the Committee recognizes that progress is
being made with the development and maturity of the BioWatch
program, including an effort to work more cooperatively with
Federal, State, and local partners. The Committee remains
committed to ensuring the Nation has an early warning network
to detect a biological agent to speed response and recovery
from a terrorist event. The Committee encourages OHA to pursue
a vigorous schedule and to rectify emerging problems as soon as
possible to ensure that important advancements in this critical
program can be deployed.
NATIONAL BIOSURVEILLANCE INTEGRATION CENTER
The Committee is supportive of the mission to identify,
track, and provide alerts for a biological event of national
concern. However, the Committee remains concerned about the
lack of a strategic approach to the mission by the National
Biosurveillance Integration Center. To date, an adequate plan
has not been forthcoming. Therefore, funding for the Center is
reduced by $3,486,000 from the fiscal year 2011 level. The
remaining amount is provided for the orderly transition of the
Center's most necessary and mission critical functions to
another coordination or operations center. OHA is directed to
provide the Committee a report, no later than 45 days after the
date of enactment of this act, regarding the best options for
collocation of the necessary functions of the Center with
another coordination or operations center, and a timeframe to
complete a relocation.
CHEMICAL DEFENSE PROGRAM
Pursuant to the President's budget request, the Rapidly
Deployable Chemical Defense System PPA has been renamed to
better reflect the growth of the program from a singular focus
on a deployable system to a focus that also includes planning,
preparedness, response, and strategic communication.
The Committee recommends $5,439,000 for the Chemical
Defense Program, which is $3,039,000 above the fiscal year 2011
level for similar activities and $3,000,000 above the budget
request. The increase is provided to complete at least two
additional demonstration projects in OHA's ongoing effort to
build an end-to-end chemical defense architecture. The site
shall be competitively selected through the current process
based on requirements, priorities, and specifications of the
overarching chemical detection architecture. The Committee
expects that OHA will prioritize demonstration projects based
on risk, and understands that new demonstrations are being
considered at airports, outdoor stadiums, and ports. The
Committee is concerned that current demonstration projects do
not address the threat of terrorist attacks, vessel collisions,
or accidental releases at shoreline or riverine chemical
facilities and refineries in population centers within the
United States and urges the development of a new demonstration
project to address the threat to this critical infrastructure
sector within 1 year.
PLANNING AND COORDINATION
The Committee recommends $6,162,000, which is $3,886,000
above the fiscal year 2011 level and the same amount as the
budget request. As requested, the increase reflects a
realignment of funding from the BioWatch PPA. The Committee
notes the important role the Food, Agriculture, and Veterinary
Defense Division related to Homeland Security Presidential
Directive-9 plays in advising Departmental leadership on
security issues regarding food, water, agro-defense,
veterinary, and zoonotic diseases and directs OHA to adequately
support this important activity.
SALARIES AND EXPENSES
The Committee recommends $29,171,000 for salaries and
expenses, $999,000 below the budget request and $2,172,000
above the fiscal year 2011 level.
Federal Emergency Management Agency
MISSION
The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other manmade disasters, by
leading and supporting the Nation in a risk-based,
comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$9,780,880,000 for activities of FEMA for fiscal year 2012.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Operating Expenses\1\.................................. \2\786,824 814,924 \3\904,550
State and local programs............................... 2,225,041 3,844,663 \3\1,476,681
Firefighter Assistance Grants.......................... 808,380 (\4\) 750,000
Emergency Management Performance Grants................ 339,320 (\4\) 350,000
Radiological Emergency Preparedness Program............ -265 -896 -896
United States Fire Administration...................... 45,497 42,538 45,038
Disaster Relief Fund................................... 2,644,700 1,800,000 \5\6,000,000
Disaster Assistance Direct Loan Program Account........ 294 295 295
Flood hazard mapping and risk analysis................. 181,636 102,712 92,712
National Flood Insurance Fund.......................... (169,000) (171,000) (171,000)
National Predisaster Mitigation Fund................... 49,900 84,937 42,500
Emergency food and shelter............................. 119,760 100,000 120,000
--------------------------------------------------------
Total, Federal Emergency Management Agency....... 7,201,087 6,789,173 9,780,880
----------------------------------------------------------------------------------------------------------------
\1\Formerly Management and Administration.
\2\Excludes a transfer of $105,600,000 from Disaster Relief Fund.
\3\Funding levels reflect a change in PPA structure and a realignment of programs.
\4\Funding proposed under State and local programs.
\5\Includes $4,200,000,000 designated by Congress as disaster relief pursuant to Public Law 112-25.
OPERATING EXPENSES\1\
Appropriations, 2011\2\................................. $786,824,000
Budget estimate, 2012................................... 814,924,000
House allowance\2\...................................... 707,298,000
Committee recommendation\3\............................. 904,550,000
\1\Formerly Management and Administration.
\2\Excludes a transfer of $105,600,000 from Disaster Relief Fund.
\3\Funding levels reflect a change in PPA structure and a realignment of
programs.
Funding for FEMA's Operating Expenses [OE] provides for the
development and maintenance of an integrated, nationwide
capability to prepare for, mitigate against, respond to, and
recover from the consequences of major disasters and
emergencies, regardless of cause, in partnership with Federal
agencies, State, local, and tribal governments, volunteer
organizations, and the private sector. OE supports FEMA's
programs by coordinating between Headquarters and Regional
Offices the policy, managerial, resource, and administrative
actions.
COMMITTEE RECOMMENDATIONS
FEMA has experienced significant growth over the last
decade, and especially since Hurricanes Katrina and Rita. Since
2005, FEMA's base has increased by 104 percent to support
preparedness, response, recovery, and mitigation activities
Nationwide. FEMA's permanent workforce has grown by 75 percent.
During this period of growth, FEMA has also received new
authorities and reorganized many times. To effectively manage
and sustain such change, discipline is required and
transparency is needed. Therefore, the Committee includes a new
program, project, and activity [PPA] structure, an account name
change, and a realignment of certain programs into existing
accounts. The funding for the ``Management and Administration''
account is now provided under ``Operating Expenses''. Further,
the funding in the ``Operating Expenses'' account is divided
into PPAs that more clearly identify FEMA operations. Finally,
funding for Technical Assistance and Evaluations and
Assessments is provided under ``Operating Expenses'' instead of
under ``State and Local Programs''; and funding for the
Emergency Management Institute is provided under ``State and
Local Programs'' instead of under ``Operating Expenses'' to
better align similar programs.
Activities, as outlined the President's budget and the
accompanying congressional justification materials, are funded
in the following PPAs. The Administrative and Regional Offices
PPA includes the Office of the Administrator, Office of Policy
and Program Analysis, Office of External Affairs, Disability
Integration and Coordination, Office of Equal Rights, Office of
Chief Counsel, Office of Chief Financial Officer, Office of
National Capital Region Coordination, Regional Operations,
Federal Coordinating Officers, and Evaluations and Assessments.
The Preparedness and Protection PPA includes the Office of
Preparedness and National Protection, National Continuity,
National Preparedness Directorate, Grants Programs Directorate,
and Technical Assistance. The Response PPA includes the Office
of Response and Recovery, Response Programs, and Logistics
Programs. The Recovery PPA includes Recovery Programs. The
Mitigation PPA includes Mitigation Programs. The Mission
Support PPA includes Office of the Associate Administrator,
Chief Administrative Officer, Chief Security Officer, Chief
Information Officer, Chief Human Capital Officer, Chief
Procurement Officer, and Regional Support. The Centrally
Managed Accounts PPA includes Centrally Managed Functions in
the Office of the Chief Financial Officer; and Enterprise
Operations in the Office of the Chief Administrative Officer,
Chief Information Officer, and Chief Security Officer. The
Emergency Management Institute is funded under the ``State and
Local Programs'' account.
FEMA shall submit the fiscal year 2013 budget in an account
and PPA structure identical to the structure enacted in this
act and presented in this report. Furthermore, any report,
briefing, or explanatory materials submitted to the Committee
in fiscal year 2013 should be presented in this same structure.
Bill language is included providing temporary authority to
FEMA to transfer funding among PPAs in the ``Operating
Expenses'' account. FEMA shall notify the Committees if this
authority is exercised. The notification shall include a
specific and clear justification for the reason the authority
was exercised. This provision is for fiscal year 2012 only and
shall only be exercised in cases when critical funding
decisions did not anticipate the PPA limitations. None of the
funds shall be used to create a new PPA, eliminate a PPA,
increase funds for a PPA which has been denied or restricted,
use funds otherwise directed by Congress or the Committee, or
to contract out any functions in accordance with section 503 of
this act.
The specific levels recommended by the Committee, as
compared to the fiscal year 2011 and budget request levels, are
as follows:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Committee
Fiscal year 2012 budget recommendations\1\
2011 enacted request \3\
----------------------------------------------------------------------------------------------------------------
Operations activities...................................... \2\\3\744,663 \3\780,492 ...................
Office of National Capital Region Coordination............. 6,981 5,319 ...................
Urban search and rescue.................................... 35,180 29,113 ...................
Administrative and Regional Offices........................ .............. .............. 112,157
Office of National Capital Region Coordination............. .............. .............. (6,981)
Preparedness and Protection................................ .............. .............. \3\117,373
Response................................................... .............. .............. 226,228
Urban Search and Rescue Response Systems................... .............. .............. (41,250)
Recovery................................................... .............. .............. 80,373
Mitigation................................................. .............. .............. 43,675
Mission support............................................ .............. .............. 210,271
Centrally managed accounts................................. .............. .............. 114,473
----------------------------------------------------
Total, Operating expenses............................ 786,824 814,924 904,550
----------------------------------------------------------------------------------------------------------------
\1\Reflects a change in PPA structure and a realignment of programs.
\2\Excludes a transfer of $105,600,000 from Disaster Relief Fund.
\3\Excludes a transfer from State and local programs.
PROGRAM ACTIVITIES
Of the amounts provided, not less than: $2,000,000 is for
the Emergency Management Assistance Compact under the
Preparedness and Protection PPA; $2,589,000 is for the National
Hurricane Program under the Response PPA; $8,798,000 is for the
National Earthquake Hazards Reduction Program and $9,360,000 is
for the National Dam Safety Program under the Mitigation PPA;
and $7,200,000 is for data center migration under the Centrally
Managed Accounts PPA. FEMA is directed to provide full funding
to operate and maintain the 11 sites of the Pre-Positioned
Equipment Program to ensure the Nation has full coverage with
minimal response time provided by this important program.
FISCAL MANAGEMENT AND TRANSPARENCY IN SPENDING
The Committee includes a provision directing FEMA to submit
its fiscal year 2013 budget request, including justification
materials, by office within the newly established PPA
structure. Each office and FEMA region shall include: (1)
budget detail by object classification; (2) the number of FTE
on-board; (3) the number of FTE vacancies; and (4) the
appropriation account(s) used to support the office and the
programs managed by the office. This level of detail provides
improved transparency and refined tracking of actual spending
which is imperative given FEMA's growth in size and mission.
The documents transmitting this information should be updated
to reflect the new PPA structure.
CORE MANAGEMENT FUNCTIONS
The Committee is pleased to note that that the
Administrator's fiscal year 2012-2016 Future Year Homeland
Security Program emphasizes establishing priorities, defining
outcomes, developing strategies, and budgeting for activities.
The Administrator directed FEMA leaders to develop performance
plans and budgets that will achieve results and force an open
dialogue regarding priorities and available resources.
Because of investments made to rebuild FEMA over the last
decade, and especially since Hurricanes Katrina and Rita,
catastrophic planning is more integrated among the levels of
government; shelter facility data is better managed between the
public and private sectors; and the disaster contract
acquisition process is now proactive, not reactive. Progress
has been made, but improvements must be maintained and there is
still much to do. For example, the National Disaster Recovery
Framework has not been completed; an effective risk and
preparedness assessment system is not in place; FEMA
information systems are not sufficient; and the human resources
study is not complete. Each of these efforts, while not costly,
require FEMA to have a strong base and the necessary resources
to finish initiatives that are not final. For this reason, the
Committee is deeply concerned about the proposed cuts to FEMA's
base.
The fiscal year 2012 budget proposes $999,468,000 in total
for FEMA Management and Administration--once all the transfers
are accounted for--which is $78,863,000 below the fiscal year
2011 level. No other component in the Department was subjected
to such a significant cut to its base operations. Some proposed
reductions are a result of onetime costs such as $23,300,000
for proposed FEMA facility upgrades. Other proposed reductions
are a result of cost savings to travel, printing, and supplies,
which appear prudent in challenging fiscal times. However, the
Committee rejects proposed reductions to FEMA's business and
information technology systems. This proposal looks like the
beginning of a trend observed in previous cycles that FEMA has
been through. In tough budget times, readiness efforts are
trimmed. This did not serve the Nation well in the response to
Hurricanes Katrina and Rita, or Andrew, or Hugo. For this
reason, the Committee has rejected the proposed cuts that are
not related to onetime costs or reasonable savings.
Further, the Committee recognizes that without a focused
effort to institutionalize change to FEMA's core functions,
achievements gained to date, and those still needed, will give
way to the crisis of the day. Therefore, the Deputy
Administrator is directed to provide quarterly briefings to the
Committee on the specific progress made to stabilize the core
administrative functions, sound budget practices, strategic
human capital planning, and modernization of information
systems. Briefings shall include an update on the on-going
process to complete a fiscal review of each of FEMA's contracts
and programs and implementation of the new PPA structure
established in fiscal year 2012 by this Committee. Briefings
shall provide an update on the execution of the Integrated
Strategic Workforce Planning Initiative to determine the
required mission capabilities, identify manpower requirements
to achieve the capabilities, and the development and execution
of workforce strategies. Finally, FEMA shall provide detailed
information regarding the status of fulfilling the OIG
recommendations in two recent reports: April 2011 FEMA Faces
Challenges in Modernizing Information Technology (OIG-11-69)
and May 2011 Information Technology Management Letter (OIG-11-
79).
INFORMATION TECHNOLOGY AND MODERNIZATION
The Committee notes with great concern the OIG findings
about the challenges FEMA faces in modernizing information
technology (OIG-11-69). The OIG states that Information
Technology [IT] systems play a critical role in supporting
FEMA's response and recovery efforts. However, the OIG found
that systems have not fully supported the agency's needs during
major disasters and efforts to modernize systems have been
hindered by staffing and funding shortages. While FEMA has a
number of IT infrastructure modernization initiatives underway,
the OIG also found that FEMA does not have a comprehensive
strategic information modernization plan; an adequate
understanding of existing technology resources; or needed
integration with stakeholders. FEMA generally concurred with
the findings. This failure inhibits both FEMA internal
functions and its ability to coordinate with homeland security
and emergency management partners.
For example, there are four systems that handle 80 percent
of processing disaster assistance requests, and each operates
on a different technical platform. As a result, data is not
synchronized and personnel have to manually reconcile
information to process the requests. Further, FEMA does not
have an electronic capability for States to use when requesting
assistance during a disaster. States must fax an assistance
request form to FEMA personnel who then enter the information
into a tracking system. The problem is further highlighted with
mitigation grants. An average of 100 to 200 applications are
received during each disaster for mitigation funding. Each
application must be submitted on paper and then manually
entered into a system for processing. FEMA officials cite that
most States are themselves using Web-enabled systems that
provide capability for automated requests and real time
information sharing on assistance needs during a disaster. Yet,
FEMA's antiquated systems prevent it from using this more
efficient and cost effective process.
The OIG found that efforts to modernize some of FEMA's
critical systems have been put on hold due to DHS consolidation
plans. As a result, ``legacy systems do not provide the
functionality needed to support FEMA's disaster response
mission operation in a timely and effective manner.'' This is a
serious impediment to modernization.
The majority of the OIG investigation covered FEMA's
disaster response and recovery systems. The Committee notes
that planning and preparedness IT systems were not a focal
point--mostly because these systems do not exist. State and
local governments are making significant use of scalable,
virtual workspaces on a platform that leverages existing social
networks, especially in regional collaboration efforts. Such a
platform supports the type of collaboration required by the
March 30, 2011, Presidential Policy Directive--8 [PPD-8],
related to National Preparedness, as well as other homeland
security policies and goals. Yet, FEMA is in great jeopardy of
being left out of the needed collaboration with its partners,
as required by the Directive, due to a lack of modern systems.
For these reasons, the Committee rejects the short-sighted
budget proposal to reduce FEMA's information technology
resources and restores funding to invest in IT modernization
for preparedness, response, recovery, mitigation, and mission
support. As a part of the modernization effort, the Committee
provides $5,500,000 specifically to expand and fully implement
a preparedness, coordination, and planning platform in support
of PPD-8. The Deputy Administrator is directed to brief the
Committee within 30 days after the date of enactment of this
act on the implementation of the OIG findings and a plan to
implement a FEMA IT modernization effort. Further, FEMA is
directed to provide the Committee an expenditure plan within 90
days after the date of enactment of this act for all IT
modernization efforts. The plan shall include a clear
description of approaches to meet long-term needs, including at
least a ten year timeframe, in an efficient and innovative way.
Finally, FEMA is directed to provide a complete long-term
strategic plan, in conjunction with the fiscal year 2013 budget
submission, to the Committee. The long-term strategic plan
shall clearly identify the way in which IT efforts support the
agency's mission and drive investments; clear and complete
enterprise architecture; and prioritized needs.
Finally, requirements for automation of virtual sharing of
information are highlighted in other sections of this report.
Making use of technology is a low cost way to improve
effectiveness and should be maximized.
PREPAREDNESS
The Committee is pleased that FEMA has initiated a
Strategic Foresight Initiative to ensure emergency management
officials at all levels are anticipating future issues
associated with evolving natural and man-made events. The
Committee encourages FEMA to sustain this activity, which will
identify dynamics likely to affect emergency management such as
the evolving terrorist threat, critical infrastructure and
global interdependencies, technological innovation,
environmental issues, and shifts in demographics.
The Committee is concerned a large electromagnetic flux
could affect the operations of the Nation's infrastructure and
safety on a national scale and affect the assets needed to
respond to problems associated with such an event, such as
communications systems. FEMA is directed to brief the Committee
within 30 days after the date of enactment of this act, on the
potential impacts to emergency response and recovery related to
such an event. The briefing should also include what
preparedness measures have been completed and are still needed
to mitigate the effects of such an event. The Committee
recognizes that many Federal agencies have a role in studying
the issue and encourages FEMA to coordinate with those agencies
to garner the best information available on this issue for the
emergency management community.
The Office of Individual and Community Preparedness shall
brief the Committee within 60 days of the date of enactment of
this act regarding the specific actions that will be taken to
further individual and community preparedness and the
associated resource requirements. The briefing shall include a
discussion on how resiliency is increased through citizen
preparedness, and how childhood education regarding
preparedness can facilitate community readiness. Further, FEMA
is directed to create an easily assessable inventory of
shareable products that have been developed through the
Citizens Corps Program to further individual and community
preparedness. The Committee understands the products range from
school curricula to emergency information which is translated
into foreign languages. Sharing this information will maximize
the investments made to date.
Additionally, the Committee is pleased with the progress of
efforts of the Children's Working Group which was created to
coordinate Federal agency efforts to accommodate the unique
needs of children in disasters. Accomplishments include
guidance which was issued to ensure disaster plans are in place
at juvenile justice centers, and the pre-staging of commodities
such as infant formula, baby food, and diapers for disaster
response. The Committee notes that FEMA was required to
establish the National Emergency Family Registry and Locator
System in the Post-Katrina Emergency Management Reform Act. The
Committee remains concerned that the system for reconnecting
children after they are separated from their families during a
disaster is still reliant on a non-automated paper system that
unnecessarily adds to the time it takes to reunify families.
Therefore, the Committee provides no less than $500,000 for
FEMA to automate the unaccompanied minors' registry and call
center.
ASSESSING READINESS AND FEDERAL GRANT CONTRIBUTIONS
Congress called for an assessment of the Nation's emergency
response capabilities in the Post-Katrina Emergency Management
Reform Act in October of 2006. Homeland Security Appropriations
Acts have stressed the need for progress on this front since
fiscal year 2008, and have committed resources to it,
especially related to the effectiveness of grants. Because of a
lack of transparency and no clear progress on assessments, GAO
was directed to provide a quarterly review of FEMA's efforts to
complete evaluations and assessments of preparedness and the
effectiveness of grants to the Committee. GAO found that
between fiscal years 2008 and 2010, FEMA budgeted over
$58,000,000 for no less than seven evaluation efforts. Further,
GAO found that as of March 2010, FEMA had initiated yet another
new framework to assess national preparedness capabilities
after evaluating the limitations and lack of usefulness of each
of the previous efforts. Still today, there is no metric in
place that describes the Nation's preparedness and how grant
programs contribute to that effort.
On March 30, 2011, President Obama signed Presidential
Policy Directive-8 on National Preparedness. It also calls for
a National Preparedness System, which includes a comprehensive
approach to assess national preparedness that uses a consistent
methodology to measure readiness for all levels of government
to prevent, protect against, mitigate against, respond to, and
recover from disasters. The Secretary of Homeland Security is
directed to submit a description of the system no later than
November 24, 2011. FEMA has been assigned as the lead component
on this effort. Bill language has been included requiring the
Secretary to submit the description of the system to the
Congress.
The Committee notes that investments funded with State and
local first responder grants have significantly improved
disaster response capabilities. During the recent tornadoes in
Arkansas, the State used its wireless network, largely funded
with homeland security grant funding, which enabled an
efficient response by first responders to the impacted areas,
including enabling the National Guard to communicate on the
same system. In Alabama, rescue response units that were
purchased with State Homeland Security Grant Program funding,
were deployed during recent unprecedented tornadoes. In
Missouri, investments in personal protective gear, night vision
goggles, medical equipment, generators, search and rescue
tools, and communications assets--all supported with grant
funding--were used to respond to the devastating tornadoes.
The first responder capacity built in the Nation with grant
funds is undeniable. Unfortunately, there is no assessment in
place that clearly demonstrates the Nation's readiness posture
and what gaps in capability remain. A lack of a demonstrable
measure of effectiveness has made funding to build readiness
capability susceptible to reductions. Budget pressures at all
levels of government require a focus on sustaining capability.
Therefore, FEMA is directed to develop guidance for grantees on
best practices to manage current funding to ensure the most
necessary capabilities are sustained. FEMA is encouraged to
provide flexibility in grant expenditures to ensure the least
amount of degradation to current capabilities occurs. FEMA is
directed to brief the Committee quarterly on the specific
processes being put in place to manage the grant programs in a
way that promotes sustainability of current capacity.
A provision is included requiring the Administrator to
submit the National Preparedness Report and a comprehensive
plan to implement a system to measure the effectiveness of
grants to State and local communities to the Committee in
fiscal year 2012. Further, $1,400,000, 25 percent of the funds
for the Office of the Administrator, is withheld from
obligation until the Report and a plan are submitted. The
report shall include options for revising the programs to make
them more effective and more easily administered. The Committee
encourages FEMA to use a truly innovative approach to the grant
programs and cautions that simply submitting the same proposal
to combine several of the programs is not advancing discussion.
To that end, the report shall also address the status of
implementation of each of the seven recommendations made in the
September 2010, Report to Congress of the Local, State, Tribal,
and Federal Preparedness Task Force regarding grant
administration which included topics for further study, reform,
and linkage to capability assessments.
PREPAREDNESS TASKFORCE
The Committee appreciates the effort of the Local, State,
Tribal, and Federal Preparedness Task Force and the timely
report transmitted to the Congress in September, 2010, which
includes recommendations related to the homeland security and
emergency management policies, grant administration, and
assessments. FEMA, in cooperation with the Office of
Intergovernmental Affairs, is directed to continue regular
briefings to the Committee regarding the progress of and
timeline for implementation of the findings of the Task Force.
The Committee expects the initial briefing will include
additional information about incentives for communities to take
pre-event steps to reduce the length and magnitude of recovery;
revitalizing Regional Advisory Councils; conducting threat and
hazard identification risk assessments; linking grant programs
to capability assessments; and the use of the Emergency
Management Accreditation Program nationwide. Additionally, all
briefings required of FEMA in this report that address a topic
for which a recommendation was made shall address that
recommendation in the briefing.
PUBLIC AND PRIVATE PARTNERSHIPS
Disaster preparedness, mitigation, response, and recovery
are efforts that particularly lend themselves to public and
private partnerships. In order to effectively respond and
recover from an event, the two sectors must work together to
protect citizens during a disaster, and help communities
rebuild. FEMA is directed to provide a report to the Committee
no later than 60 days after the date of enactment of this act
on options to better use public and private partnerships to
maximize cooperation and accomplish projects that neither
sector can complete on their own.
PLANNING
The need for planning related to natural-, technological-,
or human-caused emergencies or disasters has been met with
varying degrees of acceptance and resistance among the many
disciplines and levels of government that must participate to
make any disaster planning effort successful. The most recent
version of the FEMA Comprehensive Preparedness Guide 101 (CPG
101), released in November 2010, states that planning provides
a methodical way to engage the whole community in thinking
through the life cycle of a potential crisis, determining
required capabilities, and establishing a framework for roles
and responsibilities. The goal of CPG 101 is to assist in
making the planning process routine across all phases of
emergency management and for all homeland security mission
areas. The Committee applauds the effort to better clarify and
unify planning efforts. However, it remains unclear how
committed the emergency management community, as a whole, is to
completing comprehensive planning, at all levels of government,
to ensure that trained and skilled planners are dedicated to
the effort. The Committee directs FEMA, in conjunction with the
Homeland Security Studies and Analysis Institute or another
appropriate federally funded research and development center,
to review and report to the Committees on Appropriations no
later than 180 days after the date of the enactment of this act
regarding the status of planning nationwide, including
catastrophic planning, as well as the need to complete
exercises to test the plans. The review shall include the
extent to which CPG-101 has been implemented in communities
across the Nation and its effectiveness in standardizing the
planning process across all phases of emergency management and
homeland security mission areas.
TECHNICAL ASSISTANCE
The Committee recommends $10,000,000 for technical
assistance, the same amount as the budget request, and $978,000
below fiscal year 2011. The Committee recognizes the importance
of the technical assistance program, which delivers quick and
effective problem solving tools for homeland security partners
and supports the delivery of technical assistance for three
major areas, as outlined in the budget request: grants
management; planning; and prevention and protection activities.
In administering grants management technical assistance, FEMA
should focus on assistance related to expediting the drawdown
of Federal funds.
EVALUATIONS AND ASSESSMENTS
The Committee recommends $10,000,000 for evaluations and
assessments, $3,972,000 below the fiscal year 2011 level and
$4,000,000 below the request. The Committee views the
responsibilities encompassed by evaluations and assessments as
crucial to policy development, grant funding determinations,
and measuring the outcomes of the Nation's preparedness
efforts.
NATIONAL DISASTER RECOVERY FRAMEWORK
The Committee is pleased that FEMA has undertaken the
development of a National Disaster Recovery Framework to
identify the roles and responsibilities of all levels of
government, individuals, and the nonprofit and private sectors
during each phase of the recovery process. The Committee also
recognizes that the Presidential Policy Directive-8, related to
National Preparedness, which was issued by the President on
March 30, 2011, calls for a Recovery Framework. Additional
efforts are required to clarify leadership and coordination
issues in the draft framework released in February 2010, and
FEMA is directed to remain focused on this effort and provide
the necessary resources to improve, finalize, operationalize,
and implement the framework.
REGIONAL OFFICES
The Committee understands that FEMA is delegating certain
authorities from headquarters to the offices of the Regional
Administrators. FEMA is directed to brief the Committees on
Appropriations within 30 days of the date of enactment of this
act regarding this effort. The briefing shall include a list of
authorities that have been or will be delegated; a timeframe
for implementation; and what procedures will be instituted to
ensure consistent application of FEMA policies across the
Nation.
NATIONWIDE CYBER SECURITY REVIEW
In the joint explanatory statement accompanying the
Department of Homeland Security Appropriations Act, 2010, the
Committee directed NPPD, in conjunction with FEMA, to develop
the necessary tools for all levels of governments to complete a
cyber network security assessment. NPPD, in conjunction with
FEMA, is directed to provide a briefing to the Committee on the
specific timeframe in which the effort will be completed and
implemented. Further, the briefing shall provide an update on
how this effort and other on-going efforts by both components
contribute to completion of the recommendation in the September
2010, Report to Congress of the Local, State, Tribal, and
Federal Preparedness Task Force to ``ensure national
cybersecurity efforts address local, State, tribal, and
territorial preparedness implications''.
OFFICE OF NATIONAL CAPITAL REGION COORDINATION
The Committee recommends $6,981,000 for the Office of
National Capital Region Coordination [ONCRC], $1,662,000 above
the budget request and the same amount as the fiscal year 2011
level. 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.
The Committee is concerned that events of low significance
such as a single crime scene investigation, and well known and
predictable events such as a snowstorm, let alone no-notice
events such as the August 24, 2011, earthquake still often
bring the National Capital Region traffic patterns to a
standstill. This does not bode well for an unexpected man-made
event. While there are very real infrastructure challenges in
the metropolitan area, in many cases severe impacts could be
mitigated through coordinated information and decision-making.
The Committee further notes that the ONCRC is charged with
several key responsibilities prescribed in the Homeland
Security Act of 2002, including developing a process for
receiving meaningful input from entities; and ensuring adequate
planning, information sharing, and execution of preparedness
activities in the National Capital Region. The Committee is
concerned that National Capital Region partners have not
employed a more fulsome use of technology tools for planning
and information sharing to fulfill these requirements. Planning
and sharing information is especially complex in the National
Capital Region because of the multiple local and State
jurisdictions, the District of Columbia, and large presence of
Federal Government agencies.
The Committee notes that several urban areas and regional
planning partners have successfully implemented Web-based
virtual preparedness, coordination, and planning, software
platforms for improved coordination involving many communities.
Therefore, ONCRC is directed to employ a similar technology
solution within the funds provided. ONCRC is directed to brief
the Committee on the implementation timeframe for this effort
within 30 days of the date of enactment of this act.
The Committee remains concerned that planning for
evacuation of the National Capital Region during a disaster has
not incorporated all of the pertinent officials from the
appropriate local communities and States in the decision-making
process. Therefore, the Committee includes bill language
requiring inclusion of the Governors of the State of West
Virginia and the Commonwealth of Pennsylvania in the National
Capital Region decision-making and planning process for mass
evacuations. 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 RESPONSE SYSTEM
The Committee recommends $41,250,000 for the Urban Search
and Rescue System, $12,137,000 above the request and $6,070,000
above the fiscal year 2011 level. The Committee is concerned
that the current geographic distribution of Urban Search and
Rescue Teams is not adequate to meet the Nation's disaster
response needs, and that the 28 existing teams do not have
adequate equipment to respond to chemical, biological,
radiological, nuclear, or explosive [CBRNE] events. The
Committee therefore provides $12,137,000 above the President's
request for additional CBRNE equipment and to establish at
least one additional team in under-represented regions at
substantial risk of a natural or man-made disaster, by working
with the States to identify existing capabilities that can be
incorporated into the Urban Search and Rescue Response System
Task Force network. Further, the Committee directs FEMA to
establish the additional Team within one year. Finally, FEMA is
directed to provide an expenditure plan for the Urban Search
and Rescue Response System no later than 60 days after the date
of enactment of this act.
STATE AND LOCAL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2011.................................... $2,225,041,000
Budget estimate, 2012\1\................................ 3,844,663,000
House allowance......................................... 1,000,000,000
Committee recommendation................................ 1,476,681,000
\1\Includes $670,000,000 proposed for Firefighter Assistance Grants and
$350,000,000 proposed for Emergency Management Performance Grants, which
continue to be funded in separate accounts.
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 2011 and budget
request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Grants:
State Homeland Security Grants........................ 633,730 1,050,000 430,000
Operation Stonegarden............................. (54,890) (50,000) (50,000)
Urban Area Security Initiative........................ 723,550 920,000 400,000
Regional Catastrophic Preparedness Grants............. 14,970 ................ ................
Metropolitan Medical Response System.................. 34,930 ................ ................
Citizens Corps........................................ 9,980 13,000 ................
Public Transportation Security Assistance/Railroad 249,500 300,000 200,000
Security Assistance/Over-the-Road Bus Security
Assistance...........................................
Port Security Grants.................................. 249,500 300,000 200,000
Buffer Zone Protection Program........................ ................ 50,000 ................
Driver's License Security Grants...................... 44,910 ................ ................
Emergency Operations Centers.......................... 14,970 ................ 15,000
Firefighter Assistance Grants......................... (\1\) 670,000 (\1\)
Emergency Management Performance Grants............... (\1\) 350,000 (\1\)
-----------------------------------------------------
Subtotal, Grants.................................... 1,976,040 3,653,000 1,245,000
=====================================================
Education, Training, and Exercises:
Emergency Management Institute........................ (\1\) (\1\) 16,181
Center for Domestic Preparedness...................... 62,375 62,500 62,500
National Domestic Preparedness Consortium............. 92,814 44,500 93,000
National Exercise Program............................. 39,920 40,000 34,000
Continuing training................................... 28,942 20,663 26,000
Technical Assistance.................................. 10,978 10,000 (\1\)
Evaluations and Assessments........................... 13,972 14,000 (\1\)
-----------------------------------------------------
Subtotal, Education, Training, and Exercises........ 249,001 191,663 231,681
=====================================================
Total, State and Local Programs..................... 2,225,041 3,844,663 1,476,681
----------------------------------------------------------------------------------------------------------------
\1\Funds appropriated/requested under a separate account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,476,681,000 for State and local
programs. The Committee does not approve the budget request to
fund Firefighter Assistance Grants and Emergency Management
Performance Grants under this heading. Each program is funded
in a separate account, consistent with previous years. The
Committee includes a provision providing 5.8 percent of the
total amount appropriated for State and local programs for
transfer to FEMA ``Operating Expenses'' for the Preparedness
and Protection PPA. This is consistent with the structure of
previous years. The Committee also includes a provision
allowing grantees to use no more than 5 percent of grant
funding for management and administrative costs.
The Committee includes specific timeframes for grant dollar
distribution and expects FEMA and the Department to comply with
the law to ensure homeland security funds are distributed in a
timely manner. For each of the grant programs, grant guidance
shall be issued in 25 days, applicants shall apply within 90
days after guidance is issued, and FEMA shall act on the
application within 90 days after applications are due.
The funds provided for State and local grants are to be
used for purposes consistent with each program as authorized
and may not, with certain exceptions, be used for construction
activities.
For purposes of eligibility for funds under this heading,
any county, city, village, town, district, borough, parish,
port authority, transit authority, intercity rail provider,
commuter rail system, freight rail provider, water district,
regional planning commission, council of government, Indian
tribe with jurisdiction over Indian country, authorized tribal
organization, Alaska Native village, independent authority,
special district, or other political subdivision of any State
shall constitute a ``local unit of government.''
The Department is encouraged to consider the need for mass
evacuation planning and pre-positioning of equipment for areas
potentially impacted by mass evacuations in allocating first
responder funds. The Committee notes the Department's efforts
to support the homeland security needs of federally recognized
tribes and encourages FEMA to continue its efforts in ensuring
federally recognized tribes are included in homeland security
efforts through State and local planning efforts. The
Department is encouraged to require State and local governments
to address child care services and facilities in response and
recovery plans, exercises, and training. Additionally, the
Committee is concerned that State and local cyber security
issues are not receiving the required resources and attention
and the Department is encouraged to require State and local
governments to include Chief Information Officers in planning
efforts. FEMA is encouraged to require States to use grant
funding for training against cyber attacks on critical State
and local infrastructure. The Committee directs FEMA to issue
guidance to States, no later than 30 days after the date of
enactment of this act, regarding the funding available from all
grant programs to retrofit facilities for the purposes of
sheltering during the response phase of a disaster. Further,
FEMA shall provide technical assistance to any State seeking
support regarding a plan for such sheltering. The Committee is
concerned that drinking water and sanitation security needs,
especially related to emergency response initiatives, are not
adequately addressed and the Department is encouraged to
require State and local governments to include rural water
associations in planning efforts as well.
The Committee is supportive of the Department's efforts to
evaluate applications based on risk and effectiveness. The
Department should continue its efforts to evaluate State
Homeland Security Grant Program [SHSGP] and Urban Area Security
Initiative [UASI] applications based on how effectively these
grants will address identified homeland security needs. The
Department shall work aggressively to ensure grant applicants
have the same information that is available to the Department
with regard to threat, vulnerability, and consequence to ensure
applications reflect true risk.
The Committee expects FEMA to continue to fully engage
subject matter experts within the Department when appropriate
in the development of grant guidance and the determination of
awards.
STATE HOMELAND SECURITY GRANT PROGRAM
The Committee recommends $430,000,000 for the State
Homeland Security Grant Program [SHSGP], of which $50,000,000
shall be for Operation Stonegarden Grants, $203,730,000 and
$4,890,000 below the fiscal year 2011 level respectively.
Activities previously funded under Metropolitan Medical
Response System, Citizens Corps, Driver's License Security
Program, Buffer Zone Protection Program and the Interoperable
Emergency Communications Grant Program in fiscal year 2011 are
eligible for funding under SHSGP. Operation Stonegarden grants
shall continue to be competitively awarded and shall not be
restricted to any particular border. As in previous years, FEMA
is directed to ensure all border States shall be eligible to
apply in fiscal year 2012.
URBAN AREA SECURITY INITIATIVE GRANT PROGRAM
The Committee recommends $400,000,000 for the Urban Area
Security Initiative [UASI] Grant Program, $323,550,000 below
the fiscal year 2011 level. Of this amount, the recommendation
includes $10,000,000 for nonprofit entities determined to be at
risk by the Secretary. Eligibility for nonprofit entities shall
not be limited to UASI communities. Activities previously
funded under Metropolitan Medical Response System, Citizens
Corps, Buffer Zone Protection Program, and the Interoperable
Emergency Communications Grant Program are eligible for funding
under UASI.
LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
In accordance with section 2006 of the Homeland Security
Act of 2002, the Law Enforcement Terrorism Prevention Program
[LETPP] is funded through a required set aside of 25 percent of
the funds appropriated through the SHSGP and UASI programs. The
Committee directs FEMA to provide clear guidance to States and
urban areas to ensure that the intent of LETPP is fully
realized.
Further, FEMA is directed to provide a report no later than
120 days after the date of enactment of this act, in
conjunction with the DHS Office for State and Local Law
Enforcement, on the expenditures in this program to date and
their specific applicability to prevention.
REGIONAL CATASTROPHIC PREPAREDNESS GRANT PROGRAM
The Regional Catastrophic Preparedness Grant Program was
established in fiscal year 2007 in order to provide incentives
to State and local governments to develop coordinated regional
plans for responding to a catastrophic event. Absent such
incentives in large metropolitan areas, governors often did not
coordinate effectively with mayors, mayors did not coordinate
effectively with neighboring mayors or with county officials.
Since the program was established, $155,000,000 has been spent
developing coordinated plans in areas that DHS determined were
at the highest risk for a catastrophic event. The Committee
recognizes that the grant recipients, having completed a
majority of the planning effort, are entering the next phase of
testing the plans through exercises. Having finalized plans, no
funding is provided for the Regional Catastrophic Preparedness
Grant Program in fiscal year 2012. The Committee expects that
FEMA will continue to assist grantees with program
implementation and FEMA is directed to continue its support and
assistance to grantees through the remaining performance period
of the grants. FEMA is directed to provide a report no later
than 180 days after the date of enactment of this act on the
accomplishments of this program. The report shall include a
discussion of how successes can be transitioned into future
catastrophic planning efforts and how on-going planning needs
can be sustained and regularly exercised in the long term.
CHILDREN'S NEEDS DURING A DISASTER
On June 8, 2011, Administrator Fugate testified to the
progress that has been made in incorporating the
recommendations of the FEMA Children's Working Group into
Federal agency efforts to ensure that children have their
unique needs met during a disaster. Since children compromise
approximately 25 percent of the United States population, it is
imperative that State and local governments pre-plan for the
needs of children. The Committee directs FEMA to provide a
report, no later than 120 days after the date of enactment of
this act, on the expenditures in all the grant programs that
specifically lend to ensuring the needs of children are taken
into account during a disaster and to establish measurable
benchmarks for meeting those needs.
PUBLIC TRANSPORTATION SECURITY ASSISTANCE AND RAILROAD SECURITY
ASSISTANCE
The Committee recommends $200,000,000 for Public
Transportation Security Assistance [PTSA], Railroad Security
Assistance [RSA], and Over-The-Road Bus Security Assistance. Of
the recommended amount, no less than $20,000,000 is provided
for Amtrak security needs. Since 2004, there have been 1,300
terrorist attacks worldwide against mass transit, buses and
passenger rail, resulting in more than 4,000 deaths and 14,000
injuries. It is essential that FEMA continue to work with
grantees to ensure that funds are used rapidly and effectively.
The Committee remains concerned about the slow pace of spending
these funds and directs FEMA to brief the Committees on
Appropriations no later than 90 days after the date of
enactment of this act on efforts to expedite the effective
expenditure of these funds.
PORT SECURITY GRANTS
The Committee recommends $200,000,000 for the Port Security
Grant Program. The Committee notes that physical security,
preparedness and planning for response to a disaster, and
training of port facility officials at the Nation's ports is
imperative to economic security.
EMERGENCY OPERATIONS CENTERS
The Committee recommends $15,000,000 for Emergency
Operations Centers, $30,000 above the fiscal year 2011 level.
CENTER FOR DOMESTIC PREPAREDNESS
The Committee recommends $62,500,000 for the Center for
Domestic Preparedness, $125,000 above the fiscal year 2011
level and the same amount as the request level. Included in
this amount is funding for the Noble Training Center.
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM
The Committee recommends $93,000,000 for the National
Domestic Preparedness Consortium, instead of $44,500,000, as
proposed in the budget. The Consortium, authorized by the 9/11
Act (Public Law 110-53), has conducted training in all 50
States and each U.S. territory. Over 1.6 million first
responders have been trained. The existing Consortium members
have proven to be an effective delivery system for this
important training.
CONTINUING TRAINING GRANTS
The Committee provides $26,000,000 for continuing training
grants, $5,337,000 above the request and $2,942,000 below
fiscal year 2011, of which State and local government
intelligence awareness training shall be no less than
$1,000,000 above the level funded in fiscal year 2011. The
Committee supports full funding of programs that deliver
homeland security curricula in the form of executive education
programs and accredited master's degree education. The
Committee also notes the importance of the Mobile Education
Team providing half-day, graduate-level seminars on homeland
security challenges for Governors, mayors, and senior staff
being conducted prior to any emergency their community may
experience.
NATIONAL EXERCISE PROGRAM
The Committee recommends $34,000,000 for the National
Exercise Program, $5,920,000 below fiscal year 2011, and
$6,000,000 below the budget request.
The Committee understands the national exercise program is
under review, by the Department and FEMA, to ensure exercises
validate response capabilities and provide assessments of
plans, organization, training, and equipment needs which are
relevant to realistic scenarios. FEMA is directed to brief the
Committee no later than 90 days after the date of enactment of
this act on any planned and needed program reforms. The
briefing shall include a discussion on how exercises can
produce specific and measurable accomplishments such as
effective regional response protocol, information sharing, and
citizen preparedness. Further, the briefing shall provide
information regarding an effective way to use reconstruction of
actual events that have already occurred as opportunities to
validate response capabilities and assess plans, organization,
training, and equipment needs.
TRAINING AND EDUCATION
The Committee recognizes that training and education for
first responders, emergency managers, and those who participate
in disaster management is critical.
The Committee understands that FEMA is reviewing its
training and education programs to ensure efficiency and
effectiveness. FEMA is directed to report to the Committees on
Appropriations no later than 180 days after the date of
enactment of this act regarding a comprehensive approach to
training and education and identifying any gaps, including a
plan to address those gaps.
The report shall include a review of the need for
additional capacity for current and emerging training needs
such as those for planning, cybersecurity, intelligence, and
catastrophic planning, response, and recovery. Additionally,
FEMA should consider the need for education programs that
develop critical leadership skills, enabling managers to
operate in a complex, dynamic disaster environment.
FIREFIGHTER ASSISTANCE GRANTS
Appropriations, 2011.................................... $808,380,000
Budget estimate, 2012\1\................................................
House allowance......................................... 670,000,000
Committee recommendation................................ 750,000,000
\1\Budget proposes $670,000,000 under State and Local Programs.
Firefighter assistance grants, as authorized by section 33
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229), assist local firefighting departments for the
purpose of protecting the health and safety of the public and
fire fighting personnel, including volunteers and emergency
medical service personnel, against fire and fire-related
hazards.
COMMITTEE RECOMMENDATIONS
The Committee recommends $750,000,000 for firefighter
assistance grants, including $375,000,000 for firefighter
assistance grants, and $375,000,000 for firefighter staffing
grants, to remain available until September 30, 2013. This is
$58,380,000 below the fiscal year 2011 level and $80,000,000
above the level requested in ``State and Local Programs''.
The Committee directs the Department to continue the
present practice of funding applications according to local
priorities and those established by the United States Fire
Administration, and to continue direct funding to fire
departments and the peer review process. Up to 5 percent of
grant funds shall be for program administration.
The Committee notes that the U.S. Fire Service Needs
Assessment, which was required in the explanatory statement
accompanying the Department of Homeland Security Appropriations
Act, 2010, to be submitted no later than April 9, 2010, has not
been received by the Committee. In the event that the Office of
Management and Budget review process results in further delay,
the Committee expects the Department to submit the assessment
forthwith.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2011.................................... $339,320,000
Budget estimate, 2012\1\................................................
House allowance......................................... 350,000,000
Committee recommendation................................ 350,000,000
\1\Budget proposes $350,000,000 under State and Local Programs.
Funding requested in this account provides support to the
Nation's all-hazards emergency management system and helps to
build State and local emergency management capability.
COMMITTEE RECOMMENDATIONS
The Committee recommends $350,000,000 for emergency
management performance grants [EMPG], the same level as the
amount requested in the budget within the ``State and Local
Programs'' account and $10,680,000 above the fiscal year 2011
level. EMPG is an essential source of funding for State and
local emergency management.
The Committee directs FEMA to retain EMPG as a separate
grant program, and not to combine its funding with any other
grant allocation or application process. Not to exceed 3
percent of grant funds shall be for administrative expenses.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriations, 2011\1\................................. ($265,000)
Budget estimate, 2012\1\................................ (896,000)
House allowance\1\...................................... (896,000)
Committee recommendation\1\............................. (896,000)
\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 $896,000 in
fiscal year 2012.
The Committee notes that the events surrounding the Great
East Japan Earthquake in March 2011, especially with regard to
the effect on the nuclear power plant, serve as a reminder that
scenarios should be regularly reviewed and exercises should
comport with the most up-to-date information about potential
impacts. FEMA is directed to brief the Committees, no later
than 30 days after the date of enactment of this act, on the
process it undertakes to ensure information about the impact of
a disaster is regularly reviewed and exercises are updated to
account for possible consequences.
UNITED STATES FIRE ADMINISTRATION
Appropriations, 2011.................................... $45,497,000
Budget estimate, 2012................................... 42,538,000
House allowance......................................... 42,538,000
Committee recommendation................................ 45,038,000
The mission of the United States Fire Administration [USFA]
is to reduce losses, both economic and human, due to fire and
other emergencies through training, research, coordination and
support. USFA also prepares the Nation's first responder and
healthcare leaders through ongoing, and when necessary,
expedited training regarding how to evaluate and minimize
community risk, improve protection to critical infrastructure,
and be better prepared to react to all hazard and terrorism
emergencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $45,038,000 for the USFA, which is
$459,000 below the fiscal year 2011 level and $2,500,000 above
the request.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2011.................................... $2,644,700,000
Budget estimate, 2012................................... 1,800,000,000
House allowance\1\...................................... 2,650,000,000
Committee recommendation\2\............................. 6,000,000,000
\1\In addition, $1,000,000,000 of emergency spending is included for
Disaster Relief in title VI.
\2\Includes $4,200,000,000 designated by Congress as disaster relief
pursuant to Public Law 112-25.
Through the Disaster Relief Fund [DRF], the Department
provides a significant portion of the total Federal response to
victims in presidentially declared major disasters and
emergencies. Major disasters are declared when a State requests
Federal assistance and proves that a given disaster is beyond
the local and State capacity to respond. Under the DRF, FEMA
will continue to operate the primary assistance programs,
including Federal assistance to individuals and households; and
public assistance, which includes the repair and reconstruction
of State, local, and nonprofit infrastructure. The post-
disaster hazard mitigation set-aside to States, as part of the
DRF, works as a companion piece to the National Predisaster
Mitigation Fund.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,800,000,000 for disaster
relief, the same amount as the budget request. The Committee
remains frustrated that the Office of Management and Budget
refuses to be forthcoming and transparent regarding estimates
for the Disaster Relief Fund. Lack of information and a clear
strategy to pay for disasters has forced the Disaster Relief
Fund to a level of funding so low that new recovery projects
were put on hold for 6 months in 2010 and have been put on hold
again in August of 2011. In an attempt to avoid stopping
recovery projects in fiscal year 2011, the Department of
Homeland Security base budget was cut to pay for a predicted
shortfall in the Disaster Relief Fund. This funding shift came
at the expense of State and local preparedness grants. It makes
no sense to cut funding for programs that prepare for future
events to fund past disasters. The Committee also includes bill
language requiring an expenditure plan and quarterly reports
for disaster readiness and support costs; and a monthly report
and a quarterly report on the disaster relief expenditures.
Additionally, the Committee recommends bill language
transferring $16,000,000 to the Department of Homeland Security
Office of Inspector General for audits and investigations.
In addition, pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177), as amended, $4,200,000,000 is designated
as disaster relief. This additional funding will begin to
address the shortfall in fiscal year 2012 for natural disasters
in all 50 States. The Committee expects FEMA to regularly
update its estimates of the shortfall. Most of this funding is
for catastrophic disasters such as Hurricanes Katrina, Rita,
Gustav, and Ike, the Mississippi River floods of 2008 and 2011,
the Tennessee flood of 2010, the recent tornadoes, flooding in
the Upper Midwest, and Hurricane Irene.
The Committee is concerned that the slow and cumbersome
pace of public assistance project awards is delaying recovery
in areas that need it most. FEMA is directed to expedite public
assistance projects for past disasters, especially those
related to catastrophic events.
The Administrator of FEMA shall respond to the State of
Louisiana's request of April 29, 2011, for recalculation of
assistance available under section 404 of the Stafford Act
within 30 days of the date of enactment of this act.
The Committee recognizes that mitigation projects,
particularly those related to home buyouts, are often complex
and involve many layers of government and their governing laws
and practices. Nonetheless, the Committee is frustrated with
the extraordinary length of time it sometimes takes to make a
final decision on allowable mitigation projects, which causes a
delay in important mitigation work. This is particularly
egregious in regard to homeowners who may find themselves
without a decision on the purchase of a flooded home under the
program even 3 years or more after a flood. FEMA is directed to
report to the Committee no later than 60 days after the date of
enactment of this act on methods to expedite decisionmaking
regarding mitigation projects among all levels of government,
including revisions to FEMA practices and guidance that may be
issued to State and local governments.
The Committee urges the Administrator to reimburse
verifiable costs incurred for mitigation work performed by
homeowners under section 404 of the Stafford Act, including
costs incurred by homeowners that did not receive timely and
accurate information regarding reasonable cost guidelines for
otherwise eligible mitigation work that exceeds amounts
specified in the prevailing Unit Cost Guidance.
DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT
Appropriations, 2011.................................... $294,000
Budget estimate, 2012................................... 295,000
House allowance......................................... 296,000
Committee recommendation................................ 295,000
Disaster assistance loans authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5162) are loans to States for the non-Federal portion of
cost sharing funds, and community disaster loans to local
governments incurring a substantial loss of tax and other
revenues as a result of a major disaster. The funds requested
for this program include direct loans and a subsidy based on
criteria including loan amount and interest charged. As
required by the Federal Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), this account records, for this program, the subsidy
costs associated with the direct loans obligated in 1992 and
beyond (including modifications of direct loans), as well as
administrative expenses of the program. The subsidy amounts are
estimated on a present value basis; the administrative expenses
are estimated on a cash basis.
COMMITTEE RECOMMENDATIONS
The Committee recommends $295,000, as proposed in the
budget, in subsidy costs for disaster assistance direct loans.
Bill language is included directing the gross obligations
for the principal amount of direct loans to not exceed
$25,000,000.
FLOOD HAZARD MAPPING AND RISK ANALYSIS\1\
Appropriations, 2011.................................... $181,636,000
Budget estimate, 2012................................... 102,712,000
House allowance......................................... 102,712,000
Committee recommendation................................ 92,712,000
\1\Formerly called the Flood Map Modernization Fund.
This appropriation supports the functions necessary to
develop, and keep current, flood risk information and flood
maps. The flood maps are used to determine appropriate risk-
based premium rates for the National Flood Insurance Program,
to complete flood hazard determinations required of the
Nation's lending institutions, and to develop appropriate
disaster response plans for Federal, State, and local emergency
management personnel.
COMMITTEE RECOMMENDATIONS
The Committee recommends $92,712,000 for Flood Hazard
Mapping and Risk Analysis, $10,000,000 below the budget request
and $88,924,000 below the fiscal year 2011 level.
Updating our Nation's Flood Insurance Rate Maps and
certifying the safety of our levees is an important task, and
the Committee supports efforts to provide better information to
residents about flood risk in their communities. The Committee
urges FEMA to continue to work with the United States Army
Corps of Engineers [USACE] to ensure the accuracy of the maps,
coordinate outreach to local stakeholders throughout this
process, and better coordinate answers to questions about flood
mapping, flood insurance, and flood control infrastructure
projects. In a recent report (GAO-11-689R) GAO found that FEMA
and USACE have indicated that they do not have the information
system capability to fully complete the reporting requirements
included in Senate Report 111-118 accompanying the fiscal year
2010 Supplemental Disaster Relief and Summer Jobs Act,
including providing GAO with the relevant information needed to
review the agencies timely response to communities involving
water control infrastructure. In the report, GAO recommends
alternatives to ensure FEMA fulfills the reporting requirement
without incurring the purported expenses claimed by the
agencies. FEMA, in conjunction with the Corps, is directed to
brief the Committee within 30 days of the date of enactment of
this act on the alternatives that are most feasible to ensure
completion of the report and to provide the report to the
Committee and to the GAO within 90 days.
The Committee is pleased that FEMA has offered communities
the option to request review of pending flood maps by
Scientific Resolution Panels comprised of independent experts
and encourages the continuation of this adjudicative option.
The Committee also commends FEMA for improving the accuracy of
its flood risk analysis by modifying mapping procedures to
account for all levees within a community, including those
which offer varying degrees of protection, on newly developed
Flood Insurance Risk Maps.
FEMA is directed to convene a joint task force with USACE
to better align NFIP levee accreditation requirements with
levee inspections performed by or for USACE such that
information and data collected for either purpose can be used
interchangeably to the maximum extent practicable toward
satisfying levee accreditation requirements. FEMA shall provide
a report to the Committee on the progress of this task force
within 6 months after the date of enactment of this act.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2011\1\................................. ($169,000,000)
Budget estimate, 2012\1\................................ (171,000,000)
House allowance\1\...................................... (171,000,000)
Committee recommendation\1\............................. (171,000,000)
\1\Fully offset by fee collections.
The National Flood Insurance Fund is a fee-generated fund
which provides funding for the National Flood Insurance
Program. This program enables property owners to purchase flood
insurance otherwise unavailable in the commercial market. The
National Flood Insurance Act of 1968 authorizes the Federal
Government to provide flood insurance on a national basis. This
insurance is available to communities which enact and enforce
appropriate floodplain management measures and covers virtually
all types of buildings and their contents up to $350,000 for
residential types and $1,000,000 for all other types.
COMMITTEE RECOMMENDATIONS
The Committee recommends $171,000,000, as proposed in the
budget, for the National Flood Insurance Fund, of which
$40,000,000 is for expenses under section 1366 of the National
Flood Insurance Act (42 U.S.C. 4104c) to provide assistance
planning to States and communities for implementing floodplain
management measures to reduce or eliminate the long-term risk
of flood damage to buildings and other structures eligible for
insurance under the National Flood Insurance Program.
The Committee does not recommend elimination of funding for
the Severe Repetitive Loss Program, as proposed in the budget.
Instead, FEMA is directed to streamline the process and
eligibility requirements for the program to ensure its most
effective use to prevent loss of property and save disaster
relief resources. FEMA is directed to brief the Committee on
the implementation of the improved process within 60 days after
the date of enactment of this act.
NATIONAL PREDISASTER MITIGATION FUND
Appropriations, 2011.................................... $49,900,000
Budget estimate, 2012................................... 84,937,000
House allowance......................................... 40,000,000
Committee recommendation................................ 42,500,000
The National Predisaster Mitigation [PDM] Fund provides
grants to States, communities, territories, and Indian tribal
governments for hazard mitigation planning and implementing
mitigation projects prior to a disaster event. PDM grants are
awarded on a competitive basis. This program operates
independent of the Hazard Mitigation Grant Program, funded
through the Disaster Relief Fund, which provides grants to a
State in which a disaster has been declared.
COMMITTEE RECOMMENDATIONS
The Committee recommends $42,500,000 for PDM, $42,437,000
below the request and $7,400,000 below the fiscal year 2011
level. The Committee continues to support predisaster
mitigation, and recognizes the importance of coordinating
predisaster mitigation projects with projects being completed
through the Hazard Mitigation Grant Program.
The Committee recommendation includes language in the bill
that provides that up to $3,000,000 of the funds may be made
available for administrative purposes.
EMERGENCY FOOD AND SHELTER
Appropriations, 2011.................................... $119,760,000
Budget estimate, 2012................................... 100,000,000
House allowance......................................... 120,000,000
Committee recommendation................................ 120,000,000
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 $120,000,000 for Emergency Food
and Shelter, which is $20,000,000 above the budget request
level and $240,000 above the fiscal year 2011 level. The
Committee continues to support the Emergency Food and Shelter
Program, and recognizes it as one program, in conjunction with
other Federal programs, that serves those in immediate need of
food and shelter assistance.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations, 2011.................................... $146,300,000
Budget estimate, 2012................................... 369,477,000
House allowance......................................... 132,361,000
Committee recommendation................................ 120,924,000
United States Citizenship and Immigration Services [USCIS]
funds expenses necessary for the administration of laws and the
provision of services related to people seeking to enter,
reside, work, and naturalize in the United States. In addition
to directly appropriated resources, fee collections are
available for the operations of USCIS.
Immigration Examinations Fees.--USCIS collects fees from
persons applying for immigration benefits to support the
adjudication of applications, as authorized by the Immigration
and Nationality Act (8 U.S.C. 1356).
H1-B and L Fraud Prevention and Detection Fees.--USCIS
collects fees from petitioners seeking a beneficiary's initial
grant of H1-B or L nonimmigrant classification or those
petitioners seeking to change a beneficiary's employer within
those classifications (Public Law 108-447).
H1-B Nonimmigrant Petitioner Fees.--USCIS collects fees
from petitioners using the H1-B program (Public Law 108-447).
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $2,891,650,000,
including direct appropriations of $120,924,000 and estimated
fee collections of $2,770,726,000.
The Committee recommends no funding for the acquisition
workforce initiative, instead of $1,467,000 as requested in the
budget. However, the Committee encourages USCIS to use existing
appropriations and fee authority to hire and train qualified
procurement personnel.
E-VERIFY
The Committee recommends $102,424,000 for the E-verify
program, as requested. The Committee supports E-Verify and the
effort the Department is performing to improve E-Verify's
ability to automatically verify those who are work authorized,
detect identity fraud, and detect system misuse and
discrimination. E-Verify is both a tool for employers committed
to maintaining a legal workforce and a deterrent to illegal
immigration. The Committee notes progress continues to be made
on reducing the mismatch rate.
The growth in E-Verify use by employers has significantly
increased from fewer than 25,000 employers in fiscal year 2007
to more than 250,000 employers in fiscal year 2011. The May 26,
2011, Supreme Court decision regarding the constitutionality of
States' mandating use of E-Verify likely will result in
continued use of this system in maintaining a legal workforce.
The Committee directs the Director of USCIS to provide a report
not later than 90 days after the date of enactment of this act
identifying the costs of expanding the use of E-Verify.
The Committee urges USCIS to continue to work to enhance
the system to further improve performance, to continue its
public outreach and education campaign, and to perform a new,
independent evaluation of the system during the first quarter
of fiscal year 2012. The Committee further expects USCIS to
commit additional resources to compliance enforcement.
ASYLUM AND REFUGEE FEES
The budget proposes $203,400,000 in direct appropriations
to cover the costs associated with processing asylum and
refugee applications. The Committee notes that section 286(m)
of the Immigration and Nationality Act (8 U.S.C. 1356(m))
provides the Department with broad discretion on how fees
collected may be used. Specifically, it states that immigration
examination fees ``may be set at a level that will ensure
recovery of the full costs of providing all such services,
including the costs of similar services provided without charge
to asylum applicants or other immigrants. Such fees may also be
set at a level that will recover any additional costs
associated with the administration of the fees collected.''
The Committee recommends no appropriated funds for asylum
and refugee services or the systematic alien verification for
entitlements program. The Committee notes that Congress is
unable to use appropriated dollars to fund these programs in
this time of reduced appropriations and a need to prioritize
limited discretionary dollars. The Committee expects USCIS to
immediately revise its fee schedule to accommodate the costs of
these programs--as was done for approximately 20 years until
November 23, 2010. The Committee urges USCIS to further revise
its fees in recognition of the reality that no additional
appropriations will be available to cover the costs of these
activities. The Committee further directs the Department to
submit a reprogramming within 30 days after the date of
enactment of this act, to reflect the continuation of these
activities as fee-funded. The Committee notes that funding for
military naturalization activities has been requested in the
Department of Defense [DOD] budget and expects that any issues
related to Department of Defense authority to pay for such
activities will be resolved in the authorization process. No
funding is provided to USCIS for this purpose. The Committee
also notes that approximately $91,000,000 in the H and L Fund
for fraud investigations was carried over into fiscal year 2011
and are available to be used for these and other purposes.
To the extent required, the Committee urges USCIS and DOD
to enter into a memorandum of understanding that all future
costs of military naturalizations will be borne by DOD.
IMMIGRANT INTEGRATION
The Committee recommends $8,000,000 for immigrant
integration grants, $3,000,000 below the level provided in
fiscal year 2011 and $11,749,000 below the level requested in
the budget. The Committee believes it is important to assist
individuals following the law and working to become citizens.
However, the Committee directs that no appropriations be used
to operate the Office of Citizenship Services and that its
operation continue to be fee-funded. Additionally, the
Committee is concerned that costs to administer the grant
program currently may exceed 11 percent of the grant award
total and directs that no more than 5 percent of the
appropriated grant funds be used to administer the program in
fiscal year 2012.
DATA CENTER MIGRATION
The Committee recommends $10,500,000, for data center
migration activities, a reduction of $2,000,000 below the
request.
NATURALIZATION CEREMONIES
The Committee encourages USCIS to work with local public
and private groups to schedule naturalization and oath of
allegiance ceremonies as part of Flag Day, Independence Day,
and Constitution Day celebrations.
COMMITTEE RECOMMENDATIONS
The following table, which includes appropriations and
estimated fee collections, summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
E-Verify.............................................. 103,193 102,424 102,424
Data Center consolidation............................. 2,157 12,500 10,500
Systematic Alien Verification for Entitlements [SAVE]. ................ 29,937 ................
Immigrant Integration Programs........................ 11,000 19,749 8,000
REAL ID Act implementation............................ ................ ................ ................
Asylum and refugee services........................... 29,950 203,400 ................
Acquisition workforce................................. ................ 1,467 ................
-----------------------------------------------------
Total, Appropriations............................... 146,300 369,477 120,924
=====================================================
Fee collections:
Adjudication services (fee account):
District operations............................... 1,169,135 1,157,137 1,157,137
Service Center operations......................... 508,281 519,518 519,518
Asylum, Refugee and international operations...... 62,630 88,364 291,764
Records operations................................ 102,471 103,902 103,902
Business transformation........................... 164,025 234,400 234,400
-----------------------------------------------------
Subtotal, Adjudication services................. 2,006,542 2,103,321 2,306,721
=====================================================
Information and customer services (fee account): 83,501 85,773 85,773
Information and customer services....................
-----------------------------------------------------
Administration (fee account):
Administration.................................... 336,514 348,295 348,295
-----------------------------------------------------
SAVE, (fee account)................................... ................ ................ 29,937
=====================================================
Total, fee collections.............................. 2,426,557 2,537,389 2,770,726
----------------------------------------------------------------------------------------------------------------
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriations, 2011\1\................................. $235,447,000
Budget estimate, 2012\2\................................ 238,957,000
House allowance\2\...................................... 238,957,000
Committee recommendation\2\............................. 238,957,000
\1\Includes $1,306,000 for Federal Law Enforcement Accreditation.
\2\Includes $1,304,000 for Federal Law Enforcement Accreditation.
The Federal Law Enforcement Training Center Salaries and
Expenses appropriation provides funds for basic and some
advanced training to Federal law enforcement personnel from
more than 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 $238,957,000 for salaries and
expenses of the Federal Law Enforcement Training Center [FLETC]
for fiscal year 2012. Within the funds provided is $29,716,000
for Management and Administration and $1,304,000 for the
Federal Law Enforcement Training Accreditation Board.
The Committee includes bill language requiring the Director
of FLETC to ensure all training centers are operated at the
highest capacity feasible throughout the fiscal year. The
Committee also expects the Director to maintain training at or
near capacity before entering into new leases with private
contractors or establishing new partner organizations.
INTEGRITY TRAINING
The Federal Government has experienced a significant
increase in law enforcement officer hiring in the years since
the tragic attacks on September 11, 2001. The Committee
believes it is critical that all Federal law enforcement
personnel, especially new hires, receive comprehensive training
in ethics and public integrity. The Committee notes that
Federal law enforcement personnel receive ethics training as
part of their basic training at FLETC and expects that all
newly hired Federal law enforcement officers will receive such
training wherever they are trained.
ACCREDITATION
The Federal Law Enforcement Training Accreditation [FLETA]
process sets the standards for Federal law enforcement
training. The accreditation of a Federal law enforcement
academy or program provides assurance that the academy
voluntarily submitted to a process of self-regulation; and,
that they have successfully achieved compliance with a set of
standards that have been collectively established by their
peers within their professional community that demonstrate
adherence to quality, effectiveness, and integrity. The focus
of the effort is to accredit Federal academies; entry-level and
advanced or specialized training programs; instructor training;
and other programs that affect multiple Federal, State, and
local law enforcement officers. The Committee recommends
$1,304,000 for the FLETA Board. FLETA should lead the Federal
law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2011.................................... $35,385,000
Budget estimate, 2012................................... 37,456,000
House allowance......................................... 35,456,000
Committee recommendation................................ 33,456,000
This account provides for the acquisition and related costs
for expansion and maintenance of facilities of the Federal Law
Enforcement Training Center [FLETC]. This includes construction
and maintenance of facilities and environmental compliance. The
environmental compliance funds ensure compliance with
Environmental Protection Agency and State environmental laws
and regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $33,456,000, $4,000,000 below the
President's request and $1,929,000 below the fiscal year 2011
amount, for acquisition, construction, improvements, and
related expenses for expansion and maintenance of FLETC
facilities requested in the budget.
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, 2011.................................... $140,918,000
Budget estimate, 2012................................... 149,365,000
House allowance......................................... 140,565,000
Committee recommendation................................ 143,000,000
The Management and Administration account funds salaries
and expenses related to the Office of the Under Secretary for
Science and Technology, and headquarters.
COMMITTEE RECOMMENDATIONS
The Committee recommends $143,000,000 for management and
administration of programs and activities carried out by S&T.
Of this amount, the Committee recommends not to exceed $10,000
for official reception and representation expenses.
The recommended amount is $6,365,000 below the budget
request and $2,082,000 above the fiscal year 2011 level. The
recommendation does not include funding for data center
migration, however the Department is encouraged to resubmit the
request with the fiscal year 2013 budget.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
Appropriations, 2011.................................... $686,659,000
Budget estimate, 2012................................... 1,027,067,000
House allowance......................................... 398,213,000
Committee recommendation................................ 657,000,000
Science and Technology [S&T] supports the mission of DHS
through basic and applied research, fabrication of prototypes,
research and development to mitigate the effects of weapons of
mass destruction, as well as acquiring and field testing
equipment.
COMMITTEE RECOMMENDATIONS
The Committee recommends $657,000,000, for research,
development, acquisition, and operations of S&T. The
recommended amount is $370,067,000 below the request and
$29,659,000 below the fiscal year 2011 level.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
SCIENCE AND TECHNOLOGY-RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Borders and Maritime Security............................ 32,167 ................. ................
Chemical and Biological.................................. 166,577 ................. ................
Command, Control, and Interoperability................... 68,593 ................. ................
Explosives............................................... 111,813 ................. ................
Human Factors............................................ 11,458 ................. ................
Infrastructure and Geophysical........................... 25,056 ................. ................
Innovation............................................... 31,330 ................. ................
Test and Evaluation, Standards........................... 18,130 ................. ................
Transition............................................... 41,645 ................. ................
Research, Development, and Innovation.................... ................ 659,850 439,783
RD&I: Apex R&D........................................... ................ [17,900] ................
RD&I: Border Security.................................... ................ [42,965] ................
RD&I: Chem/Bio/Radiological/Nuclear/Explosives Defense... ................ [342,462] ................
RD&I: Counter Terrorist R&D.............................. ................ [26,707] ................
RD&I: Cyber Security..................................... ................ [64,102] ................
RD&I: Disaster Resilience................................ ................ [165,714] ................
Acquisition and Operations Support....................... ................ 54,154 54,154
Laboratory Facilities (operations and construction)...... 140,000 276,500 126,500
University Programs...................................... 39,890 36,563 36,563
------------------------------------------------------
Total, Research, Development, Acquisition and 686,659 1,027,067 657,000
Operations........................................
----------------------------------------------------------------------------------------------------------------
BUDGET STRUCTURE
The President's request includes a new budget account
structure for the Research, Development, Acquisition and
Operations appropriation. This new structure proposes to
reorganize 12 PPAs focused on various research areas into four
new PPAs and moves the vast majority of S&T's research programs
into one PPA called ``Research, Development, and Innovation
[RD&I]''. The Committee does not support the consolidation of
all research areas into one account, as it reduces transparency
and accountability of S&T's primary research funding.
Therefore, the Committee slightly modifies the requested budget
structure by including the six research areas identified in the
budget request as PPAs under RD&I: Apex Research and
Development [R&D]; Border Security; Chemical, Biological,
Radiological, Nuclear, and Explosives Defense; Counter
Terrorist R&D; Cyber Security; and Disaster Resilience. Due to
the reduction below the request, the recommendation does not
allocate resources between the RD&I PPAs. However, S&T is to
provide a PPA distribution to the Committee for RD&I no later
than 30 days after the date of enactment of this act.
REPORTING REQUIREMENTS
S&T is directed to continue to provide the following:
--quarterly briefings to the Committee on the test and
evaluation status of all level 1 acquisitions;
--a report on results of its research and development for the
prior fiscal year; and
--a report on the amounts de-obligated from projects during
the prior fiscal year and what projects those funds
were subsequently obligated to.
The reports listed above are to be submitted in conjunction
with the fiscal year 2013 President's budget request. Further,
the report on the results of research and development should
detail all technologies, technology improvements, or
capabilities delivered to front line users, and if the
technology or capability was the result of a project reviewed
and prioritized by the Integrated Product Team process.
The Committee is aware of several S&T efforts underway to
ensure that technology solutions being developed have realistic
objectives, support the Department's missions, and can be
transitioned to the end user for operational use. No later than
120 days after the enactment of this act, S&T is to brief the
Committee on its progress in implementing its new strategic
initiatives, including:
--transition to use (moving new technologies from concept to
practical application);
--improving private sector partnerships;
--technology foraging;
--acquisition support for DHS components;
--support of the First Responder Community; and
--addressing high-priority ``urgent'' problems identified by
component heads--known as Apex R&D Projects.
APEX R&D
The Committee notes that S&T is embarking on a new program
called Apex, which is focused on high-priority and high-value
projects needed in a short turn-around for DHS components.
Unlike other S&T research initiatives, Apex projects are
collaborative efforts between DHS component heads and the Under
Secretary of S&T. In fiscal year 2012, S&T plans to focus its
Apex funding on the Secret Service to provide technology
solutions for its protective mission. S&T began an operational
analysis of the Service's protective mission technology in
fiscal year 2011, which will form the basis of the Apex
program's focus in fiscal year 2012. The Committee is
supportive of the Apex concept, especially since it is focused
on expediting technology solutions to the field. S&T and the
Secret Service are to brief the Committee no later than 60 days
after the date of enactment of this act and periodically
thereafter on progress made to field improved technologies for
the Service's protective mission, including a schedule for
evaluation and testing of technical solutions in relevant
operational environments.
DISASTER RESILIENCE
The Committee notes that, within the last decade, record-
breaking hurricanes, tornadoes, and floods have devastated the
Southeast Region of the United States. These events have cost
our Nation thousands of lives and billions of dollars. This
region also has the potential for a significant earthquake.
Therefore, the Committee encourages S&T to continue
competitively awarded work with appropriate universities and
existing Federal research centers to address these unique
challenges.
CYBERSECURITY
The Committee believes that sophisticated cyber attacks,
such as those launched against Estonia, Georgia, and elsewhere
around the world, could have devastating consequences if such
attacks targeted America's economic power. Disrupting U.S.
financial services could result in a renewed global economic
downturn based on perceived insecurities in the electronic
infrastructure relied upon for market transactions. Within the
amount provided for RD&I, the Committee encourages S&T to
robustly fund cyber security research and development,
including programs that will assist the U.S. financial industry
in preparing for and defending against cyber attacks.
FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS
S&T, in conjunction with the Director of the National
Institute of Standards and Technology, shall continue assessing
the compliance of first responder communication equipment with
common standards for digital public safety radio communications
(Project 25 standards).
TEST AND EVALUATION [T&E]
Within the amount provided for ``Acquisition, Operations
and Support'', no less than $6,641,000 shall be for S&T to
establish policies and procedures for and coordinate and
monitor the T&E activities across the DHS acquisition
framework. Testing and evaluation of new technologies prior to
their acquisition and deployment will, in the long-run, save
money through the prevention of wasteful spending.
LABORATORY FACILITIES
The Committee recommendation includes $126,500,000 for
Laboratory Facilities, $150,000,000 below the amount requested
and $13,500,000 below fiscal year 2011. The recommendation
includes $108,300,000 for laboratory operations and $18,200,000
for infrastructure improvements at the Transportation Security
Laboratory, as requested.
The recommendation does not include $150,000,000 in
construction costs for the National Bio and Agro-Defense
Facility [NBAF]. The Committee recognizes the need for a next-
generation biological and agricultural defense facility to
protect the country's agriculture and public health. As
mandated by Public Law 112-10, the Department is in the process
of updating its Site Specific Risk Assessment [SSRA] for the
NBAF site, which will be reviewed by NAS. The Department
estimates completion of the SSRA by January 2012 and completion
of the NAS evaluation by June 2012. Until these important
assessments are completed, it is pre-mature to recommend
construction funding for this project. The Committee is also
concerned that the $150,000,000 is not a useable construction
segment for the NBAF project. The Committee directs S&T to
provide an updated cost schedule coupled with useable and
realistic funding segments no later than 30 days after the date
of enactment of this act.
RADIOLOGICAL AND NUCLEAR
The Committee recommendation approves the transfer of the
Radiological and Nuclear research program from the Domestic
Nuclear Detection Office. The amount dedicated to this program
shall be determined by S&T and submitted with it's RD&I PPA
allocation to the Committee. The Committee strongly endorses
the consolidation of this research into S&T, and directs S&T to
conduct an independent review of all of the current research
projects within this area and the state of technology
development across the private sector before determining the
research priorities for fiscal year 2012.
UNIVERSITY PROGRAMS
The Committee recommendation includes $36,563,000 for
University Programs, as requested.
Domestic Nuclear Detection Office
SUMMARY
The Domestic Nuclear Detection Office [DNDO] is responsible
for development of technologies to detect and report attempts
to import, possess, store, develop, or transport nuclear and
radiological material.
COMMITTEE RECOMMENDATIONS
The Committee recommends $268,000,000 for activities of
DNDO for fiscal year 2012. The recommendation is a decrease of
$73,744,000 below the fiscal year 2011 level and a decrease of
$63,739,000 below the level proposed in the budget request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
DOMESTIC NUCLEAR DETECTION OFFICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration............................. 36,918 41,120 37,000
Research, Development, and Operations..................... 274,886 206,258 191,000
Systems Acquisition....................................... 29,940 84,361 40,000
-----------------------------------------------------
Total, Domestic Nuclear Detection Office............ 341,744 331,739 268,000
----------------------------------------------------------------------------------------------------------------
MANAGEMENT AND ADMINISTRATION
Appropriations, 2011.................................... $36,918,000
Budget estimate, 2012................................... 41,120,000
House allowance......................................... 40,000,000
Committee recommendation................................ 37,000,000
The Management and Administration account funds salaries,
benefits, and expenses for DNDO.
COMMITTEE RECOMMENDATIONS
The Committee recommendation includes $37,000,000 for
Management and Administration. The recommendation is an
increase of $82,000 above the fiscal year 2011 level and
$4,120,000 below the level proposed in the budget request. Of
this amount the Committee recommends not to exceed $3,000 for
official reception and representation expenses.
STRATEGIC PLAN OF INVESTMENTS
The Committee includes bill language requiring DNDO to
establish a strategic plan of investments necessary to
implement the Department's responsibilities under the domestic
component of the global nuclear detection architecture. The
plan is to:
--identify the various elements of the domestic architecture,
the roles and responsibilities of each Departmental
entity;
--investments being made in fiscal years 2012 and 2013 to
secure pathways into the United States (sea, land, and
air);
--investments necessary to close known vulnerabilities and
gaps, including associated costs and timeframes, and
estimates of feasibility and cost effectiveness; and
-- how R&D funding is furthering the implementation of the
domestic architecture.
While the strategic plan of investments is to cover the
Department's implementation responsibilities, it shall include
a section on DNDO's focus on surge capabilities and the ability
of Federal, State, and local level assets to be mobilized
together to respond to suspected radiological threats.
RESEARCH, DEVELOPMENT, AND OPERATIONS
Appropriations, 2011.................................... $274,886,000
Budget estimate, 2012................................... 206,258,000
House allowance......................................... 245,194,000
Committee recommendation................................ 191,000,000
The Research, Development and Operations account funds the
development of nuclear detection systems and the integration
and advancement of national nuclear forensics capabilities.
COMMITTEE RECOMMENDATIONS
The Committee recommendation includes $191,000,000 for
Research, Development and Operations. The recommendation is a
decrease of $83,866,000 below the fiscal year 2011 level and
$15,258,000 below the level proposed in the budget request. The
recommendation includes the transfer of the transformational
research and development program to the Science and Technology
Directorate.
Even with the transfer of long-term Radiological and
Nuclear R&D to the Science and Technology Directorate, the
Committee notes that the request for DNDO includes $104,256,000
in other R&D activities in fiscal year 2012. Given the
constrained fiscal environment, the Committee directs the
Department to evaluate whether it would be appropriate to
consolidate DNDO's ``Systems Development'' and ``Test and
Evaluation Infrastructure and Operations'' activities within
the Science and Technology Directorate, the primary DHS
research component. The Committee sees potential savings and
efficiencies through the elimination of unnecessary overhead
and consolidation of redundant programs that may exist between
the two organizations. In addition, the evaluation should
consider providing the acquisition dollars both for radiation
portal monitors and human portable radiation detection systems
directly to the operational components that operate them.
DNDO's primary DHS customers (U.S. Customs and Border
Protection, Coast Guard, and Transportation Security
Administration) have well established and mature acquisition
programs. It makes little sense to have another acquisition
structure requiring administrative overhead simply to segregate
the procurement of radiation detection equipment from all other
acquisitions. The results of this evaluation shall be provided
to the Committee no later than 120 days after the date of
enactment of this act.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
RESEARCH, DEVELOPMENT, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Systems Engineering and Architecture...................... 33,195 31,858 31,230
Systems Development....................................... 52,851 69,689 60,000
Transformational Research and Development................. 96,326 ................ ................
Assessments............................................... 38,139 43,104 40,000
Operations Support........................................ 32,756 36,837 35,000
National Technical Nuclear Forensics Center............... 21,619 24,770 24,770
-----------------------------------------------------
Total, Research, Development, and Operations........ 274,886 206,258 191,000
----------------------------------------------------------------------------------------------------------------
QUARTERLY BRIEFINGS
The Committee believes DNDO must aggressively pursue its
preventive radiation/nuclear detection mission, and go beyond
addressing the potential threat posed by the use of cargo
containers to transport nuclear or radioactive materials or
weapons. It is critical that DNDO prioritize its efforts based
on risk and with attention to pathways such as general
aviation, the maritime domain, land border threats, including
rail, and in areas between ports of entry, and in urban areas
and critical locations in the Nation's interior. The Committee
is aware of several ongoing DNDO studies to determine
vulnerabilities and mitigation solutions in these areas and
therefore directs DNDO to continue quarterly briefings on
progress in developing technological solutions; the status of
such technologies, including their strengths and weaknesses;
and timetables to develop and deploy them. Specific programs to
be covered include the State and Local Rad/Nuc challenge, human
portable tripwire program, cargo imaging for shielded nuclear
threats, long-range radiation detection, rail cargo scanning
for international rail, small vessel standoff detection
program, and air cargo scanning. The briefings shall include
results from test and evaluation assessments, where applicable.
The Committee also directs DNDO to continue quarterly
briefings on developments of red team exercises and assessments
and progress in developing alternatives to existing detection
materials and systems, in particular progress in finding
alternatives to neutron detectors based on Helium-3.
TEST AND EVALUATION
The Committee applauds DNDO's objective to minimize
internal ``end-to-end'' development efforts and rely more
heavily on the private sector to develop new technologies and
improve existing systems. However, to successfully carry out
this new focus, a strong test and evaluation process is
necessary to ensure external solutions meet Federal standards.
Thorough testing and evaluation of new technologies prior to
their acquisition and deployment is also essential to prevent
wasteful and unnecessary spending. Therefore, the Committee
fully funds the request for Test and Evaluation Infrastructure
and Operations.
The Committee encourages DNDO to test new radiation
detection technologies that the commercial sector may offer,
such as those that have the potential to detect shielded and
unshielded nuclear materials like advanced radiography and muon
tomography.
SYSTEMS ACQUISITION
Appropriations, 2011.................................... $29,940,000
Budget estimate, 2012................................... 84,361,000
House allowance......................................... 52,000,000
Committee recommendation................................ 40,000,000
The Systems Acquisition account funds the acquisition of
equipment for front line users across the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommendation includes $40,000,000 for
Systems Acquisition. The recommendation is an increase of
$10,060,000 above the fiscal year 2011 level and a decrease of
$44,361,000 below the level proposed in the budget request.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2011 and budget
request levels:
SYSTEMS ACQUISITION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2011 Fiscal year 2012 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Radiation Portal Monitor Program.......................... ................ 37,361 8,000
Securing the Cities....................................... 19,940 27,000 22,000
Human Portable Radiation Detection Devices................ 10,000 20,000 10,000
-----------------------------------------------------
Total, Systems Acquisition.......................... 29,940 84,361 40,000
----------------------------------------------------------------------------------------------------------------
RADIATION PORTAL MONITORS
The Committee recommendation includes $8,000,000 for the
Radiation Portal Monitor [RPM] program instead of the
$37,361,000 requested. The request to procure and deploy 44
Advanced Spectroscopic Portal [ASP] monitors is denied given
that the Secretary has suspended all further development on
ASP. The $8,000,000 is for DNDO to purchase and deploy legacy
RPMs to address gaps in coverage at our seaports, land ports,
airports, and rail entrances.
SECURING THE CITIES
The Committee recommendation includes $22,000,000 for
Securing the Cities [STC] instead of $27,000,000, as requested.
Of this amount, $20,000,000 is to continue efforts in New York
City, as requested and $2,000,000 to initiate the establishment
of a STC program in another major U.S. city. Prior to
obligating funds for a new STC and no later than 120 days after
the date of enactment of this act, the Committee directs DNDO
to report on its efforts to implement the recommendations made
in the ``External Strategic Assessment'' of the STC program.
This report shall specify DNDO's efforts to: establish a
detailed cost analysis to understand life cycle costs; a
Federal exit strategy and transition plan; and performance
measures to judge the success of the program.
HUMAN PORTABLE RADIATION DETECTION SYSTEMS
The Committee recommendation includes $10,000,000 for the
Human Portable Radiation Detection Systems program, the same
level funded in fiscal year 2011.
ADVANCED SPECTROSCOPIC PORTAL MONITORS CERTIFICATION
Bill language is included prohibiting the Department from
full-scale procurement of ASP monitors until the Secretary
submits a report to the Committees on Appropriations certifying
that a significant increase in operational effectiveness will
be achieved. In addition, separate and distinct certifications
shall be submitted by the Secretary prior to the procurement of
ASPs for primary and secondary deployment that address the
requirements for operational effectiveness of each type of
deployment. Finally, DNDO is prohibited from engaging in high-
risk concurrent development and production of mutually
dependent software and hardware components of detection
systems.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
Section 501. The bill includes a provision that no part of
any appropriation shall remain available for obligation beyond
the current fiscal year unless expressly provided.
Section 502. The bill includes a provision that unexpended
balances of prior appropriations may be merged with new
appropriations accounts and used for the same purpose, subject
to reprogramming guidelines.
Section 503. The bill includes a provision that provides
authority to reprogram appropriations within an account and to
transfer up to 5 percent between appropriations accounts with
15-day advance notification of the Committees on
Appropriations. A detailed funding table identifying each
congressional control level for reprogramming purposes is
included at the end of this statement. These reprogramming
guidelines shall be complied with by all departmental
components funded by this act.
The Committee expects the Department to submit
reprogramming requests on a timely basis, and to provide
complete explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committees should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing (full-time equivalent) levels for
the current fiscal year and to the levels required for the
following fiscal year. The Committee continues to be
disappointed by the quality, level of detail, and timeliness of
the Department's proposed reprogrammings.
The Committee expects the Department to manage its programs
and activities within the levels appropriated. The Committee
reminds the Department that reprogramming or transfer requests
should be submitted only in the case of an unforeseeable
emergency or situation that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department submits a reprogramming or transfer request
to the Committees on Appropriations and does not receive
identical responses from the House and Senate, it is the
responsibility of the Department to reconcile the House and
Senate differences before proceeding, and if reconciliation is
not possible, to consider the reprogramming or transfer request
unapproved.
The Department shall not propose a reprogramming or
transfer of funds after June 30 unless there are extraordinary
circumstances, which place human lives or property in imminent
danger.
Section 504. The bill includes a provision relating to the
Department's Working Capital Fund [WCF] that: extends the
authority of the Department's WCF in fiscal year 2012;
prohibits funds appropriated or otherwise made available to the
Department from being used to make payments to the WCF, except
for the activities and amounts allowed in the President's
fiscal year 2012 budget; makes funds available for the WCF
available until expended; ensures departmental components are
only charged for direct usage of each WCF service; makes funds
provided to the WCF available only for purposes consistent with
the contributing component; requires the WCF to be paid in
advance or reimbursed at rates which will return the full cost
of each service; and subjects the WCF to the requirements of
section 503 of this act. The WCF table included in the
Department's congressional justification accompanying the
President's fiscal year 2012 budget shall serve as the control
level for reprogramming and transfer purposes in compliance
with section 503 of this act.
Section 505. The bill includes a provision that not to
exceed 50 percent of unobligated balances remaining at the end
of fiscal year 2012 from appropriations made for salaries and
expenses shall remain available through fiscal year 2013,
subject to reprogramming.
Section 506. The bill includes a provision providing that
funds for intelligence activities are specifically authorized
during fiscal year 2012 until the enactment of an act
authorizing intelligence activities for fiscal year 2012.
Section 507. The bill includes a provision requiring
notification of the Committees 3 business days before any grant
allocation, grant award, contract award (including Federal
Acquisition Regulation-covered contracts), other transaction
agreement, a task or delivery order on a DHS multiple award
contract, letter of intent, or public announcement of the
intention to make such an award totaling in excess of
$1,000,000. If the Secretary determines that compliance would
pose substantial risk to health, human life, or safety, an
award may be made without prior notification but the Committees
shall be notified within 5 full business days after such award
or letter is issued. Additionally, FEMA is required to brief
the Committees 5 full business days prior to announcing
publicly the intention to make an award under State and Local
Programs.
Section 508. The bill includes a provision that no agency
shall purchase, construct, or lease additional facilities for
Federal law enforcement training without the advance approval
of the Committees on Appropriations.
Section 509. The bill includes a provision that none of the
funds may be used for any construction, repair, alteration, or
acquisition project for which a prospectus, if required under
chapter 33 of title 40, United States Code, has not been
approved. The bill excludes funds that may be required for
development of a proposed prospectus.
Section 510. The bill includes a provision that
consolidates, continues, and modifies by reference prior-year
statutory bill language into one provision. These provisions
concern contracting officers' training, Federal building energy
performance, fleet and transportation efficiency, and sensitive
security information protocols.
Section 511. The bill includes a provision that none of the
funds may be used in contravention of the Buy American Act.
Section 512. The bill includes a provision prohibiting any
person other than the privacy officer appointed under
subsection (a) of section 222 of the Homeland Security Act of
2002 to alter, direct that changes may be made, delay, or
prohibit the transmission to Congress of any report prepared
under paragraph (6) of such subsection.
Section 513. The bill includes a provision prohibiting
funds to be used to amend the oath of allegiance required by
section 337 of the Immigration and Nationality Act (8 U.S.C.
1448).
Section 514. The bill includes a provision regarding
competitive sourcing for United States Citizenship and
Immigration Services.
Section 515. The bill includes a provision requiring the
Chief Financial Officer to submit monthly budget execution and
staffing reports within 45 days after the close of each month.
Section 516. The bill includes a provision directing that
any funds appropriated or transferred to TSA ``Aviation
Security'', ``Administration'', and ``Transportation Security
Support'' in fiscal years 2004 and 2005, that are recovered or
deobligated shall be available only for procurement and
installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to
notification. Quarterly reports must be submitted identifying
any funds that are recovered or deobligated.
Section 517. The bill includes a provision requiring any
funds appropriated to Coast Guard for 110-123 foot patrol boat
conversions that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or litigation,
shall be available until expended for the Fast Response Cutter
program.
Section 518. The bill includes a provision relating to
undercover investigative operations authority of the Secret
Service.
Section 519. The bill includes a provision classifying the
functions of instructor staff at FLETC as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Section 520. The bill includes a provision prohibiting the
obligation of funds appropriated to the Office of the Secretary
and Executive Management, the Office of the Under Secretary for
Management, or the Office of the Chief Financial Officer for
grants or contracts awarded by any means other than full and
open competition. Certain exceptions apply. This provision does
not require new competitions of existing contracts during their
current terms. The IG is required to review Departmental
contracts awarded noncompetitively and report on the results to
the Committees.
Section 521. The bill includes a provision regarding the
enforcement of section 4025(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3724) regarding butane lighters. This provision is made
permanent in fiscal year 2012.
Section 522. The bill includes a provision prohibiting the
Secretary of Homeland Security from reducing operations within
the Coast Guard's Civil Engineering Program except as
specifically authorized by a statute enacted after the date of
enactment of this act.
Section 523. The bill includes a provision that precludes
DHS from using funds in this act to carry out reorganization
authority. This prohibition is not intended to prevent the
Department from carrying out routine or small reallocations of
personnel or functions within components of the Department,
subject to section 503 of this act.
Section 524. The bill includes a provision prohibiting
funding to grant an immigration benefit to any individual
unless the results of background checks required by statute to
be completed prior to the grant of benefit have been received
by DHS.
Section 525. The bill includes a provision prohibiting the
use of funds to destroy or put out to pasture any horse or
other equine belonging to the Federal Government unless
adoption has been offered first.
Section 526. The bill includes a provision regarding
waivers of the Jones Act.
Section 527. The bill includes a provision prohibiting
funds from being used to reduce the Coast Guard's Operations
Systems Center mission or its Government-employed or contract
staff.
Section 528. The bill includes a provision prohibiting
funds to be used to conduct or implement the results of a
competition under Office of Management and Budget Circular A-76
with respect to the Coast Guard National Vessel Documentation
Center.
Section 529. The bill includes a provision extending other
transactional authority for DHS through fiscal year 2012 and
eliminates a GAO reporting requirement that is no longer
necessary.
Section 530. The bill includes a provision requiring the
Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 531. The bill includes a provision prohibiting the
obligation of funds for the Office of Secretary and Executive
Management for any new hires that are not verified through the
E-Verify Program.
Section 532. The bill includes a provision contained in
Public Laws 109-295, 110-161, 110-329, 111-83, and 112-10
related to prescription drugs.
Section 533. The bill includes a provision requiring the
Secretary of Homeland Security, in conjunction with the
Secretary of the Treasury, to notify the Committees on proposed
transfers of surplus balances from the Department of the
Treasury Forfeiture Fund to any agency within the Department of
Homeland Security.
The Committee notes that the Fund is comprised of assets
forfeited to the Federal Government as the result of law
enforcement investigations and operations conducted primarily
by agencies of the Department of the Treasury and DHS. The
President's budget proposes to rescind/transfer $630,000,000 of
the Fund and gives the credit to agencies under the
jurisdiction of the Financial Services and General Government
Appropriations Subcommittee. Approximately one-third of the
Forfeiture Fund balance proposed for rescission is the result
of DHS law enforcement activities. The Committee directs the
President, if he proposes to rescind Treasury Forfeiture Funds
in his fiscal year 2013 budget, to divide the funds equitably
between the two Departments based upon their contributions to
the Fund.
Section 534. The bill includes a provision prohibiting
funds from being used to plan, test, pilot, or develop a
national identification card.
Section 535. The bill includes a provision requiring a
report summarizing damage assessment information used to
determine whether to declare a major disaster.
Section 536. The bill includes a provision relating to the
liquidation of Plum Island assets and how the proceeds from
this sale may be applied.
Section 537. The bill includes a provision directing that
any official required by this act to report or certify to the
Committees on Appropriations may not delegate such authority
unless expressly authorized to do so in this act.
Section 538. The bill includes a provision extending the
risk-based security standards for chemical facilities cited in
section 550 of Public Law 109-295, as amended, for 1 year.
Section 539. The bill includes a provision extending
current law concerning individuals detained at the Naval
Station, Guantanamo Bay, Cuba.
Section 540. The bill includes a permanent FLETC provision
regarding the definition of the term ``rural''.
Section 541. The bill includes a provision prohibiting
funds in this act to be used for first-class travel.
Section 542. The bill includes a provision prohibiting
funds to be used for adverse personnel actions for employees
who use protective equipment or measures, including surgical
masks, N95 respirators, gloves, or hand-sanitizers in the
conduct of their official duties.
Section 543. The bill includes a provision prohibiting
funds to be used to employ workers in contravention of section
274A(h)(3) of the Immigration and Nationality Act.
Section 544. The bill includes language pertaining to the
construction of the National Bio- and Agro-defense facility in
Manhattan, Kansas.
Section 545. A provision is included that provides an
additional amount of $10,000,000 for the Federal Emergency
Management Agency ``State and Local Programs'' to reimburse
costs incurred by State and local governments affected by
National Special Security Events, including use of services,
personnel, equipment, and facilities. The Federal Emergency
Management Agency shall brief the Committees on Appropriations
within 60 days of the date of enactment of this act regarding
the process to distribute this funding, including the
application process and eligible costs. Funds shall remain
available until September 30, 2013 and are not subject to any
legislated timeframes required under ``State and Local
Programs''.
Section 546. The bill includes a provision providing some
flexibility to the Department for financing a response to an
immigration emergency.
Section 547. The bill includes a provision permitting
administrative law judges to be available temporarily to serve
on an arbitration panel as needed for cases related to
Hurricanes Katrina and Rita.
Section 548. The bill includes a provision on the proper
disposal of personal information collected through the
Registered Traveler program.
Section 549. The bill includes a provision prohibiting
funds appropriated or otherwise made available by this act to
pay for award or incentive fees for contractors with below
satisfactory performance or performance that fails to meet the
basic requirements of the contract.
Section 550. The bill includes language that requires
certification that the 100 percent screening of air cargo
carried on passenger aircraft mandate contained in the 9/11 Act
has been met and biannual reports on the strategy to meet this
mandate if certification does not occur 180 days after the date
of enactment of this act.
Section 551. The bill includes language that requires the
Secretary to ensure screening of passengers and crews for
transportation and national security purposes are consistent
with applicable laws, regulations, and guidance on privacy and
civil liberties.
Section 552. The bill includes a provision prohibiting
funds appropriated or otherwise made available by this act for
DHS to enter into a Federal contract unless the contract meets
requirements of the Federal Property and Administrative
Services Act of 1949 or Chapter 137 of title 10 U.S.C., and the
Federal Acquisition Regulation, unless the contract is
otherwise authorized by statute without regard to this section.
Section 553. The bill includes a provision allowing the
Secretary to transfer data center migration funds made
available by this act between appropriations for the same
purpose after notifying the Committees 15 days in advance. The
bill provides an additional $15,000,000 for data center
migration activities to be allocated by the Secretary pursuant
to this section.
Section 554. The bill includes a provision allowing the
Advanced Training Center to charge fees in fiscal year 2012 and
thereafter for any service or thing of value it provides to the
Federal Government or non-government entities or individuals,
so long as the fee does not exceed the full costs associated
with the service or thing of value. Any fees that are collected
are to be deposited in a separate account and used without
further appropriation for necessary expenses of the Advanced
Training Center program.
Section 555. The bill includes a provision related to the
sale of LORAN properties.
Section 556. The bill includes a provision permitting the
Department to sell ICE-owned detention facilities and use the
proceeds from any sale for improvement to other facilities
provided that any such sale will not result in the maintenance
of less than 33,400 detention beds. ICE is required to notify
the Committees on Appropriations 15 days prior to announcing
any sale.
Section 557. The bill includes language that provides a
total of $55,979,000 for consolidation of the new DHS
headquarters at St. Elizabeths and consolidation of mission
support activities. Within 60 days after the date of enactment
of this act, the Secretary shall submit an expenditure plan to
the Committee highlighting how these funds will be allocated.
The Committee is concerned that current and projected future
year funding limitations will result in the Coast Guard being
the only departmental entity located at the consolidated
headquarters site. The Committee directs the Department to
reexamine the planned mix of DHS offices that are to be located
at the St. Elizabeths campus. Initial results of this analysis
shall be presented to the Committee with the expenditure plan.
Quarterly briefings on the consolidation plans, including any
deviation from the expenditure plan, status of approvals, and
project schedule should occur thereafter.
Section 558. The bill includes language authorizing an
increase to aviation security passenger fees for fiscal year
2012.
Section 559. The Committee, in recognition of on-going
fiscal distress in local communities, includes a provision
which requires that Staffing for Adequate Fire and Emergency
Response Grants shall be used to retain firefighters, instead
of only for increasing the number of firefighters. The
provision also prohibits funds to be used to enforce certain
requirements of the Federal Fire Prevention and Control Act of
1974 related to the program. The Committee expects this
provision to be applied in the same manner as similar
provisions in Supplemental Appropriations Act, 2009, and the
American Recovery and Reinvestment Act of 2009 for the fiscal
year 2009 and 2010 program.
Section 560. The bill includes language pertaining to
spills of national significance and reimbursement for the Coast
Guard.
Section 561. The bill includes a provision to impose
increased penalties on individuals who circumvent security
screening at airports.
Section 562. A provision is included related to recoupment
of debts in cases where funds were distributed based on an
error made by FEMA.
Section 563. A provision is included regarding
reimbursement by FEMA of Small Business Administration Loans
for eligible hazard mitigation activity. Execution of this
authority shall not result in an individual being reimbursed
more than once for the same mitigation activity.
Section 564. The bill includes language waiving certain
requirements for the fiscal year 2011 SAFER grant program.
Section 565. The bill includes language that makes
available an additional $18,300,000 for Coast Guard to replace
a rotary wing airframe. The Coast Guard has lost four
helicopters to accidents over the past few years. This
provision is designated as an emergency and is offset with
unobligated emergency balances.
Section 566. The bill includes language rescinding
unobligated balances made available to the Department when it
was created in 2003.
Section 567. The bill includes a $7,000,000 rescission of
the unobligated, prior year balances available for U.S.
Immigration and Customs Enforcement, ``Salaries and Expenses''.
Section 568. The bill includes a $10,000,000 rescission of
the unobligated, prior year balances available for U.S.
Immigration and Customs Enforcement, ``Automation
Modernization''.
Section 569. The bill includes a provision rescinding
$48,503,000 in unobligated prior-year balances from TSA.
Section 570. The bill includes a provision rescinding
$20,000,000 in unobligated prior-year balances available for
Science and Technology, ``Research, Development, Acquisition,
and Operations''.
PROGRAM, PROJECT, AND ACTIVITY
In fiscal year 2012, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
as amended, the following information provides the definition
of the term ``program, project, and activity'' for the
components of the Department of Homeland Security under the
jurisdiction of the Homeland Security Subcommittee of the
Committee on Appropriations. The term ``program, project, and
activity'' shall include the most specific level of budget
items identified in the Department of Homeland Security
Appropriations Act, 2012, the House and Senate Committee
reports, and the conference report and accompanying joint
explanatory statement of the managers of the committee of
conference.
If a percentage reduction is necessary, in implementing
that reduction, components of the Department of Homeland
Security shall apply any percentage reduction required for
fiscal year 2012 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 2012
budget estimates, as amended, for such components, as modified
by congressional action.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports
accompanying general appropriations bills identify each
recommended amendment which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2012:
U.S. Customs and Border Protection: Salaries and Expenses;
Automation Modernization; Border Security Fencing,
Infrastructure, and Technology; Air and Marine Interdiction,
Operations, Maintenance, and Procurement; and Construction and
Facilities Management;
U.S. Immigration and Customs Enforcement: Salaries and
Expenses; and Automation Modernization;
Transportation Security Administration: Aviation Security;
Surface Transportation Security; Transportation Threat
Assessment and Credentialing; Transportation Security Support;
and Federal Air Marshals;
Coast Guard: Operating Expenses; Environmental Compliance
and Restoration; Reserve Training; Acquisition, Construction,
and Improvements; Research, Development, Test, and Evaluation;
and Retired Pay;
United States Secret Service: Salaries and Expenses; and
Acquisition, Construction, Improvements, and Related Expenses;
National Protection and Programs Directorate: Management
and Administration; and U.S. Visitor and Immigrant Status
Indicator Technology;
Office of Health Affairs;
Federal Emergency Management Agency: Operating Expenses;
State and Local Programs; Disaster Relief; Flood Hazard Mapping
and Risk Analysis; Firefighter Assistance Grants; National
Flood Insurance Fund; and Emergency Food and Shelter;
United States Citizenship and Immigration Services.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on September 7,
2011, the Committee ordered reported H.R. 2017, making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2012 and for other purposes,
with an amendment in the nature of a substitute, by a recorded
vote of 00-00, a quorum being present. The vote was as follows:
Pursuant to paragraph 7(c) of rule XXVI, on September 7,
2011, the Committee ordered favorably reported en bloc the
fiscal year 2012 budget allocation a proposed by the Chairman,
and a bill (H.R. 2112) making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
2012, and for other purposes, with an amendment in the nature
of a substitute; a bill (H.R. 2354) making appropriations for
energy and water development and related agencies for the
fiscal year ending September 30, 2012, and for other purposes,
with an amendment in the nature of a substitute; and a bill
(H.R. 2017) making appropriations for the Department of
Homeland Security for the fiscal year ending September 30,
2012, and for other purposes, with an amendment in the nature
of a substitute; provided, that each bill be subject to further
amendment and that each bill be consistent with its spending
allocations, by a recorded vote of 28-2, a quorum being
present. The vote was as follows:
Yeas Nays
Chairman Inouye Mrs. Hutchison\1\
---------------------------------------------------------------------------
\1\By unanimous consent, the Committee permitted Senator Hutchison
to change her vote to ``nay''.
---------------------------------------------------------------------------
Mr. Leahy Mr. Johnson (WI)
Mr. Harkin
Ms. Mikulski
Mr. Kohl
Mrs. Murray
Mrs. Feinstein
Mr. Durbin
Mr. Johnson (SD)
Ms. Landrieu
Mr. Reed
Mr. Lautenberg
Mr. Nelson
Mr. Pryor
Mr. Tester
Mr. Brown
Mr. Cochran
Mr. McConnell
Mr. Shelby
Mr. Alexander
Ms. Collins
Ms. Murkowski
Mr. Graham
Mr. Kirk
Mr. Coats
Mr. Blunt
Mr. Moran
Mr. Hoeven
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, 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.
TITLE 6--DOMESTIC SECURITY
Chapter 1--Homeland Security Organization
Subchapter VIII--Coordination With Non-Federal Entities; Inspector
General; United States Secret Service; Coast Guard; General Provisions
PART D--ACQUISITIONS
Sec. 391. Research and development projects
(a) Authority
[Until September 30, 2011] Until September 30, 2012, and
subject to subsection (d), the Secretary may carry out a pilot
program under which the Secretary may exercise the following
authorities:
* * * * * * *
[(b) Report
[Not later than 2 years after the effective date of this
chapter, and annually thereafter, the Comptroller General shall
report to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of
the Senate on--
[(1) whether use of the authorities described in
subsection (a) of this section attracts nontraditional
Government contractors and results in the acquisition
of needed technologies; and
[(2) if such authorities were to be made permanent,
whether additional safeguards are needed with respect
to the use of such authorities.]
[(c)] (b) Procurement of temporary and intermittent services
The Secretary may--
(1) procure the temporary or intermittent services
of experts or consultants (or organizations thereof) in
accordance with section 3109(b) of title 5; and
(2) whenever necessary due to an urgent homeland
security need, procure temporary (not to exceed 1 year)
or intermittent personal services, including the
services of experts or consultants (or organizations
thereof), without regard to the pay limitations of such
section 3109.
[(d)] (c) Additional requirements
(1) In general
The authority of the Secretary under this section
shall terminate [September 30, 2011,] September 30,
2012, unless before that date the Secretary--
(A) issues policy guidance detailing the
appropriate use of that authority; and
(B) provides training to each employee that
is authorized to exercise that authority.
(2) Report
The Secretary shall provide an annual report to the
Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, and
the Committee on Homeland Security of the House of
Representatives detailing the projects for which the
authority granted by subsection (a) was used, the
rationale for its use, the funds spent using that
authority, the outcome of each project for which that
authority was used, and the results of any audits of
such projects.
[(e)] (d) Definition of nontraditional Government
contractor
In this section, the term ``nontraditional
Government contractor'' has the same meaning as the
term ``nontraditional defense contractor'' as defined
in section 845(e) of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C.
2371 note).
------
TITLE 42--THE PUBLIC HEALTH AND WELFARE
Chapter 46--Justice System Improvement
Subchapter VII--FBI Training of State and Local Criminal Justice
Personnel
Sec. 3771. Training and manpower development
(a) Functions, powers, and duties of Director of Federal Bureau
of Investigation
The Director of the Federal Bureau of Investigation is
authorized to--
* * * * * * *
Prior Provisions
* * * * * * *
Employment of Annuitants by Federal Law Enforcement Training Center
Pub. L. 107-206, title I, Sec. 1202, Aug. 2, 2002, 116
Stat. 887, as amended by Pub. L. 109-295, title IV, Oct. 4,
2006, 120 Stat. 1374; Pub. L. 110-161, div. E, title IV, Dec.
26, 2007, 121 Stat. 2068; Pub. L. 110-329, div. D, title IV,
Sept. 30, 2008, 122 Stat. 3677, provided that:
``(a) The Federal Law Enforcement Training Center may, for
a period ending not later than [December 31, 2012] December 31,
2014, appoint and maintain a cadre of up to 350 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 re-employed
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.
* * * * * * *
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
Chapter 463--Penalties
PART A--AIR COMMERCE AND SAFETY
SUBPART IV--ENFORCEMENT AND PENALTIES
Sec. 46301. Civil penalties
(a) General Penalty.--(1) A person is liable to the United
States Government for a civil penalty of not more than $25,000
(or $1,100 if the person is an individual or small business
concern) for violating--
* * * * * * *
(5) Penalties applicable to individuals and small business
concerns.--
(A) An individual (except an airman serving as an
airman) or small business concern is liable to the
Government for a civil penalty of not more than $10,000
for violating--
(i) chapter 401 (except sections 40103(a)
and (d), 40105, 40106(b), 40116, and 40117),
section 44502 (b) or (c), chapter 447 (except
sections 44717-44723), [or chapter 449] chapter
449 (except sections 44902, 44903(d), 44904,
and 44907-44909), or section 46314(a) of this
title; or
* * * * * * *
Sec. 46314. Entering aircraft or airport area in violation of security
requirements
(a) Prohibition.-- * * *
[(b) Criminal Penalty.--(1) A person violating subsection
(a) of this section shall be fined under title 18, imprisoned
for not more than one year, or both.
[(2) A person violating subsection (a) of this section with
intent to commit, in the aircraft or airport area, a felony
under a law of the United States or a State shall be fined
under title 18, imprisoned for not more than 10 years, or
both.]
(b) Criminal Penalty.--A person violating subsection (a) of
this section shall be fined under title 18, imprisoned for not
more than 10 years, or both.
(c) Notice of Penalties.--
(1) In general.--Each operator of an airport in the
United States that is required to establish an air
transportation security program pursuant to section
44903(c) shall ensure that signs that meet such
requirements as the Secretary of Homeland Security may
prescribe providing notice of the penalties imposed
under sections 46301(a)(5)(A)(i) and subsection (b) of
this section, are displayed near all screening
locations, all locations where passengers exit the
sterile area, and such other locations at the airport
as the Secretary of Homeland Security determines
appropriate.
(2) Effect of signs on penalties.--An individual
shall be subject to the penalty provided for under
section 46301(a)(5)(A)(i) and subsection (b) of this
section without regard to whether signs are displayed
at an airport as required by paragraph (1).
------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007, PUBLIC LAW
109-295
TITLE V
GENERAL PROVISIONS
Sec. 501. * * *
* * * * * * *
Sec. 532. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal year
[2011] 2012 and thereafter, with respect to any undercover
investigative operation of the United States Secret Service
(hereafter referred to in this section as the ``Secret
Service'') that is necessary for the detection and prosecution
of crimes against the United States--
* * * * * * *
Sec. 550. (a) * * *
* * * * * * *
(b) Interim regulations issued under this section shall
apply until the effective date of interim or final regulations
promulgated under other laws that establish requirements and
standards referred to in subsection (a) and expressly supersede
this section: Provided, That the authority provided by this
section shall terminate [on October 4, 2011] on October 4,
2012
------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010, PUBLIC LAW
111-83
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS
Sec. 559. (a) Subject to subsection (b), none of the funds
appropriated or otherwise made available by this Act may be
available to operate the Loran-C signal after January 4, 2010.
* * * * * * *
(e) If the certifications described in subsection (b) are
made, the Secretary of Homeland Security, acting through the
Commandant of the Coast Guard, may, notwithstanding any other
provision of [law, sell] law, hereafter sell any real and
personal property under the administrative control of the Coast
Guard and used for the Loran-C system, by directing the
Administrator of General Services to sell such real and
personal property, subject to such terms and conditions that
the Secretary believes to be necessary to protect government
interests and program requirements of the Coast Guard:
Provided, That the proceeds, less the costs of sale incurred by
the General Services Administration, [shall be deposited] shall
hereafter be deposited as offsetting collections into the Coast
Guard ``Environmental Compliance and Restoration'' account and,
[subject to appropriation,] without further appropriations,
shall be available until expended for environmental compliance
and restoration purposes associated with the Loran-C system,
for the costs of securing and maintaining equipment that may be
used as a backup to the Global Positioning System or to meet
any other Federal navigation requirement, for the demolition of
improvements on such real property, and for the costs
associated with the sale of such real and personal property,
including due diligence requirements, necessary environmental
remediation, and reimbursement of expenses incurred by the
General Services Administration: Provided further, That after
the completion of such activities, the unexpended balances
shall be available for any other environmental compliance and
restoration activities of the Coast Guard.
------
DEPARTMENT OF DEFENSE AND FULL-YEAR CONTINUING APPROPRIATIONS ACT,
2011, PUBLIC LAW 112-10
DIVISION B--FULL-YEAR CONTINUING APPROPRIATIONS, 2011
TITLE VI--HOMELAND SECURITY
Sec. 1647. (a) * * *
(b) No funding [provided in this division] made available
in this or any other Act shall be used for construction of the
National Bio- and Agro-defense Facility until the Department of
Homeland Security has, pursuant to the schedule submitted by
the Department of Homeland Security on March 31, 2011, to the
Committees on Appropriations of the Senate and House of
Representatives--
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
---------------------------------------------------
Committee Amount in Committee Amount in
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees of amounts in the budget resolution
for 2012: Subcommittee on Homeland Security:
Mandatory............................................... 1,440 1,440 1,402 \1\1,402
Discretionary........................................... 41,000 45,458 44,985 \1\45,275
Security............................................ 41,000 45,458 NA NA
Nonsecurity......................................... ........... ........... ........... ...........
Projection of outlays associated with the recommendation:
2012.................................................... ........... ........... ........... \2\26,858
2013.................................................... ........... ........... ........... 9,102
2014.................................................... ........... ........... ........... 5,590
2015.................................................... ........... ........... ........... 2,496
2016 and future years................................... ........... ........... ........... 2,307
Financial assistance to State and local governments for NA 5,257 NA 251
2012.......................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
Consistent with the funding recommended in the bill for disaster funding and overseas contingency operations and
in accordance with section 251(b)(2)(D) of the BBEDCA and section 106 of the Deficit Control Act of 2011, the
Committee anticipates that the Budget Committee will file a revised section 302(a) allocation for the
Committee on Appropriations reflecting an upward adjustment of $4,458,000,000 in budget authority plus
associated outlays.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2011 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL YEAR 2012
[In thousands of dollars]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation compared with (+ or
)
Item 2011 Budget estimate House allowance Committee -----------------------------------------------------
appropriation recommendation 2010
appropriation Budget estimate House allowance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
Office of the Secretary and Executive Management:
Immediate Office of the Secretary............................. 4,641 5,164 4,641 5,000 +359 -164 +359
Immediate Office of the Deputy Secretary...................... 2,674 1,918 1,918 1,918 -756 ................ ................
Office of the Chief of Staff.................................. 2,572 2,802 2,000 2,600 +28 -202 +600
Office of Counternarcotics Enforcement........................ 2,997 3,814 3,200 2,130 -867 -1,684 -1,070
Executive Secretary........................................... 8,104 8,402 8,200 8,100 -4 -302 -100
Office of Policy.............................................. 41,133 42,423 34,000 40,000 -1,133 -2,423 +6,000
Office of Public Affairs...................................... 6,368 6,419 5,800 6,370 +2 -49 +570
Office of Legislative Affairs................................. 6,698 6,341 6,000 6,340 -358 -1 +340
Office of Intergovernmental Affairs........................... 2,632 2,908 2,750 2,650 +18 -258 -100
Office of General Counsel..................................... 23,762 22,422 22,400 22,422 -1,340 ................ +22
Office for Civil Rights and Civil Liberties................... 20,367 24,613 21,100 23,000 +2,633 -1,613 +1,900
Citizenship and Immigration Services Ombudsman................ 6,188 6,336 6,200 6,300 +112 -36 +100
Privacy Officer............................................... 8,408 8,971 8,491 8,603 +195 -368 +112
House floor amendment......................................... ................ ................ -64,350 ................ ................ ................ +64,350
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 136,544 142,533 62,350 135,433 -1,111 -7,100 +73,083
Office of the Under Secretary for Management:
Immediate Office of the Under Secretary for Management........ 2,733 7,558 2,550 2,558 -175 -5,000 +8
Office of Security............................................ 71,760 71,236 70,200 71,236 -524 ................ +1,036
Office of the Chief Procurement Officer....................... 74,597 78,771 75,150 78,000 +3,403 -771 +2,850
Office of the Chief Human Capital Officer:
Salaries and expenses..................................... 24,477 28,161 25,660 25,165 +688 -2,996 -495
Human resources........................................... 17,097 16,686 15,680 14,172 -2,925 -2,514 -1,508
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 41,574 44,847 41,340 39,337 -2,237 -5,510 -2,003
Office of the Chief Administrative Officer:
Salaries and expenses..................................... 43,300 41,248 40,700 41,000 -2,300 -248 +300
Nebraska Avenue Complex (NAC)............................. 5,489 5,398 5,000 5,000 -489 -398 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 48,789 46,646 45,700 46,000 -2,789 -646 +300
House floor amendment..................................... ................ ................ -128,070 ................ ................ ................ +128,070
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Office of the Under Secretary for Manage- 239,453 249,058 106,870 237,131 -2,322 -11,927 +130,261
ment...................................................
Office of the Chief Financial Officer............................. 53,323 62,395 50,860 51,000 -2,323 -11,395 +140
Office of the Chief Information Officer:
Salaries and expenses......................................... 86,738 105,578 105,500 105,578 +18,840 ................ +78
Information technology services............................... 51,314 38,800 38,800 38,800 -12,514 ................ ................
Infrastructure and security activities........................ 147,108 89,525 73,000 79,525 -67,583 -10,000 +6,525
Homeland Security Data Network................................ 47,566 44,069 44,000 44,069 -3,497 ................ +69
House floor amendment......................................... ................ ................ -139,180 ................ ................ ................ +139,180
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 332,726 277,972 122,120 267,972 -64,754 -10,000 +145,852
Analysis and Operations........................................... 334,360 355,368 344,368 339,368 +5,008 -16,000 -5,000
-----------------------------------------------------------------------------------------------------------------------------
Total, Departmental Operations.............................. 1,096,406 1,087,326 686,568 1,030,904 -65,502 -56,422 +344,336
=============================================================================================================================
Office of Inspector General
Operating expenses................................................ 113,646 144,318 124,000 125,000 +11,354 -19,318 +1,000
Transfer from Disaster relief fund............................ (15,968) ................ (16,000) (16,000) (+32) (+16,000) ................
-----------------------------------------------------------------------------------------------------------------------------
Total, Office of Inspector General.......................... 129,614 144,318 140,000 141,000 +11,386 -3,318 +1,000
=============================================================================================================================
Total, title I, Departmental Management and Operations...... 1,210,052 1,231,644 810,568 1,155,904 -54,148 -75,740 +345,336
(by transfer)............................................... (15,968) ................ (16,000) (16,000) (+32) (+16,000) ................
=============================================================================================================================
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and expenses:
Headquarters, Management, and Administration:
Management and administration, border security inspections 516,102 688,878 670,494 672,152 +156,050 -16,726 +1,658
and trade facilitation...................................
Management and administration, border security and control 495,862 738,462 720,009 721,736 +225,874 -16,726 +1,727
between ports of entry...................................
Rent...................................................... 450,812 483,749 483,749 483,749 +32,937 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 1,462,776 1,911,089 1,874,252 1,877,637 +414,861 -33,452 +3,385
Border security inspections and trade facilitation:
Inspections, trade, and travel facilitation at ports of 2,474,344 2,507,235 2,562,235 2,567,235 +92,891 +60,000 +5,000
entry....................................................
Harbor maintenance fee collection (trust fund)............ 3,274 3,274 3,274 3,274 ................ ................ ................
International cargo screening............................. 103,945 68,757 79,557 68,757 -35,188 ................ -10,800
Other international programs.............................. 11,119 10,684 10,684 10,684 -435 ................ ................
Customs-Trade Partnership Against Terrorism (C-TPAT)...... 45,454 44,979 44,979 44,979 -475 ................ ................
Trusted Traveler programs................................. 10,751 6,311 6,311 6,311 -4,440 ................ ................
Inspection and detection technology investments........... 144,162 149,537 149,537 149,537 +5,375 ................ ................
Automated targeting systems............................... 32,389 31,400 46,400 36,400 +4,011 +5,000 -10,000
National Targeting Center................................. 47,347 46,950 46,950 51,950 +4,603 +5,000 +5,000
Training.................................................. 20,778 37,834 37,834 37,834 +17,056 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 2,893,563 2,906,961 2,987,761 2,976,961 +83,398 +70,000 -10,800
Border security and control between ports of entry:
Border security and control............................... 3,508,244 3,530,994 3,530,994 3,530,994 +22,750 ................ ................
Training.................................................. 36,094 88,610 88,610 88,610 +52,516 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 3,544,338 3,619,604 3,619,604 3,619,604 +75,266 ................ ................
Air and Marine Operations..................................... 295,521 287,901 287,901 287,901 -7,620 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and expenses............................. 8,196,198 8,725,555 8,769,518 8,762,103 +565,905 +36,548 -7,415
Appropriations.......................................... (8,192,924) (8,722,281) (8,766,244) (8,758,829) (+565,905) (+36,548) (-7,415)
Harbor maintenance trust fund........................... (3,274) (3,274) (3,274) (3,274) ................ ................ ................
Automation modernization:
Automated Commercial Environment/International Trade Data 147,794 169,755 140,000 140,000 -7,794 -29,755 ................
System.......................................................
Current operations protection and processing support (COPPS).. 188,108 194,275 194,275 194,275 +6,167 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 335,902 364,030 334,275 334,275 -1,627 -29,755 ................
Border security fencing, infrastructure, and technology (BSFIT):
Development and deployment.................................... 324,620 337,000 312,377 212,377 -112,243 -124,623 -100,000
Operations and maintenance.................................... 172,019 133,248 133,248 133,248 -38,771 ................ ................
Program management............................................ 76,385 57,375 54,375 54,375 -22,010 -3,000 ................
House floor amendment......................................... ................ ................ 10,000 ................ ................ ................ -10,000
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 573,024 527,623 510,000 400,000 -173,024 -127,623 -110,000
Air and Marine Interdiction, Operations, Maintenance, and
Procurement:
Operations and maintenance.................................... 370,899 361,087 361,087 365,087 -5,812 +4,000 +4,000
Procurement................................................... 144,395 109,479 138,879 141,479 -2,916 +32,000 +2,600
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 515,294 470,566 499,966 506,566 -8,728 +36,000 +6,600
Construction and facilities management:
Facility construction and sustainment......................... 223,170 226,726 180,000 185,000 -38,170 -41,726 +5,000
Program oversight and management.............................. 36,310 57,096 54,096 54,096 +17,786 -3,000 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 259,480 283,822 234,096 239,096 -20,384 -44,726 +5,000
-----------------------------------------------------------------------------------------------------------------------------
Total, U.S. Customs and Border Protection direct 9,879,898 10,371,596 10,347,855 10,242,040 +362,142 -129,556 -105,815
appropriations.............................................
Fee accounts:
Immigration inspection user fee............................... (525,443) (527,629) (527,629) (527,629) (+2,186) ................ ................
Immigration enforcement fines................................. (1,037) (1,041) (1,041) (1,041) (+4) ................ ................
ESTA.......................................................... ................ (44,524) (44,524) (44,524) (+44,524) ................ ................
Land border inspection fee.................................... (28,598) (28,909) (28,909) (28,909) (+311) ................ ................
COBRA passenger inspection fee................................ (390,974) (440,521) (385,521) (385,521) (-5,453) (-55,000) ................
APHIS inspection fee.......................................... (318,472) (323,000) (323,000) (323,000) (+4,528) ................ ................
Global Entry user fee......................................... (2,500) (2,615) (2,615) (2,615) (+115) ................ ................
Puerto Rico collections....................................... (89,980) (91,779) (91,779) (91,779) (+1,799) ................ ................
Small airport user fee........................................ (8,164) (8,167) (8,167) (8,167) (+3) ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, fee accounts...................................... (1,365,168) (1,468,185) (1,413,185) (1,413,185) (+48,017) (-55,000) ................
-----------------------------------------------------------------------------------------------------------------------------
Total, U.S. Customs and Border Protection................... 11,245,066 11,839,781 11,761,040 11,655,225 +410,159 -184,556 -105,815
Appropriations.......................................... (9,879,898) (10,371,596) (10,347,855) (10,242,040) (+362,142) (-129,556) (-105,815)
Fee accounts............................................ (1,365,168) (1,468,185) (1,413,185) (1,413,185) (+48,017) (-55,000) ................
=============================================================================================================================
U.S. Immigration and Customs Enforcement
Salaries and expenses:
Headquarters management and administration (non-detention and
removal operations):
Personnel compensation and benefits, services and other 295,121 237,842 234,251 227,251 -67,870 -10,591 -7,000
costs....................................................
Headquarters managed IT investment........................ 219,363 194,727 184,227 186,527 -32,836 -8,200 +2,300
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 514,484 432,569 418,478 413,778 -100,706 -18,791 -4,700
Legal proceedings............................................. 221,666 215,935 215,935 215,935 -5,731 ................ ................
Investigations:
Domestic.................................................. 1,702,038 1,714,234 1,714,234 1,739,234 +37,196 +25,000 +25,000
International investigations:
International operations.............................. 112,872 114,928 114,928 114,928 +2,056 ................ ................
Visa Security Program................................. 35,686 29,489 32,489 38,289 +2,603 +8,800 +5,800
-----------------------------------------------------------------------------------------------------------------------------
Subtotal............................................ 148,558 144,417 147,417 153,217 +4,659 +8,800 +5,800
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Investigations............................ 1,850,596 1,858,651 1,861,651 1,892,451 +41,855 +33,800 +30,800
Intelligence.................................................. 69,842 81,503 81,503 82,503 +12,661 +1,000 +1,000
Detention and removal operations:
Custody operations........................................ 1,794,406 2,023,827 2,050,545 2,023,827 +229,421 ................ -26,718
Fugitive operations....................................... 229,682 154,597 154,597 154,597 -75,085 ................ ................
Criminal alien program.................................... 192,539 196,696 196,696 196,696 +4,157 ................ ................
Alternatives to detention................................. 72,075 72,373 72,373 72,373 +298 ................ ................
Transportation and removal program........................ 281,878 276,632 276,632 276,632 -5,246 ................ ................
House floor amendment..................................... ................ ................ 1,000 ................ ................ ................ -1,000
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 2,570,580 2,724,125 2,751,843 2,724,125 +153,545 ................ -27,718
Comprehensive identification and removal of criminal aliens... 199,600 184,064 194,064 184,064 -15,536 ................ -10,000
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and expenses............................. 5,426,768 5,496,847 5,523,474 5,512,856 +86,088 +16,009 -10,618
Automation modernization.......................................... 73,852 13,860 23,860 21,710 -52,142 +7,850 -2,150
Construction...................................................... ................ ................ ................ ................ ................ ................ ................
Cancellation of unobligated balances.......................... ................ -16,300 ................ ................ ................ +16,300 ................
-----------------------------------------------------------------------------------------------------------------------------
Total, U.S. Immigration and Customs Enforcement direct 5,500,620 5,494,407 5,547,334 5,534,566 +33,946 +40,159 -12,768
appropriations.............................................
Fee accounts:
Immigration inspection user fee............................... (116,387) (116,869) (116,869) (116,869) (+482) ................ ................
Breached bond/detention fund.................................. (75,000) (75,000) (75,000) (75,000) ................ ................ ................
Student exchange and visitor fee.............................. (120,000) (120,000) (120,000) (120,000) ................ ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... (311,387) (311,869) (311,869) (311,869) (+482) ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Total, U.S. Immigration and Customs Enforcement............. (5,812,007) (5,806,276) (5,859,203) (5,846,435) (+34,428) (+40,159) (-12,768)
Appropriations.......................................... (5,500,620) (5,510,707) (5,547,334) (5,534,566) (+33,946) (+23,859) (-12,768)
Fee accounts............................................ (311,387) (311,869) (311,869) (311,869) (+482) ................ ................
=============================================================================================================================
Transportation Security Administration
Aviation security:
Screening operations:
Screener workforce:
Privatized screening.................................. 144,470 144,193 144,193 144,193 -277 ................ ................
Screener personnel, compensation, and benefits........ 2,920,813 3,060,493 3,030,167 3,028,381 +107,568 -32,112 -1,786
-----------------------------------------------------------------------------------------------------------------------------
Subtotal............................................ 3,065,283 3,204,686 3,174,360 3,172,574 +107,291 -32,112 -1,786
Screener training and other............................... 243,402 252,526 245,165 250,776 +7,374 -1,750 +5,611
Checkpoint support........................................ 328,843 254,093 181,285 214,893 -113,950 -39,200 +33,608
EDS/ETD Systems:
EDS procurement and installation...................... 290,843 272,738 222,738 222,738 -68,105 -50,000 ................
Screening technology maintenance & utilities.......... 316,247 332,265 332,265 332,265 +16,018 ................ ................
Operations integration................................ 21,455 ................ ................ ................ -21,455 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal............................................ 628,545 605,003 555,003 555,003 -73,542 -50,000 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Screening operations...................... 4,266,073 4,316,308 4,155,813 4,193,246 -72,827 -123,062 +37,433
Aviation security direction and enforcement:
Aviation regulation and other enforcement................. 318,285 373,239 354,294 382,989 +64,704 +9,750 +28,695
Airport management and support............................ 489,142 571,503 568,334 571,216 +82,074 -287 +2,882
FFDO and flight crew training............................. 25,118 25,461 25,461 25,461 +343 ................ ................
Air cargo................................................. 114,689 114,654 120,654 120,654 +5,965 +6,000 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 947,234 1,084,857 1,068,743 1,100,320 +153,086 +15,463 +31,577
Aviation security capital fund (mandatory).................... (250,000) (250,000) (250,000) (250,000) ................ ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Total, Aviation security (gross)............................ 5,213,307 5,401,165 5,224,556 5,293,566 +80,259 -107,599 +69,010
Offsetting fee collections (current law).......................... -2,100,000 -2,030,000 -2,030,000 -2,030,000 +70,000 ................ ................
Aviation passenger security fee(proposed fee increase)............ ................ -280,000 ................ -280,000 -280,000 ................ -280,000
-----------------------------------------------------------------------------------------------------------------------------
Total, Aviation security (net, discretionary)............... 3,113,307 3,091,165 3,194,556 2,983,566 -129,741 -107,599 -210,990
Surface transportation security:
Staffing and operations....................................... 39,712 38,514 38,514 38,514 -1,198 ................ ................
Surface transportation security inspectors and canines........ 66,037 96,234 91,234 96,234 +30,197 ................ +5,000
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 105,749 134,748 129,748 134,748 +28,999 ................ +5,000
Transportation Threat Assessment and Credentialing:
Secure Flight................................................. 84,194 92,414 92,414 92,414 +8,220 ................ ................
Crew and other vetting programs............................... 78,479 91,540 91,540 71,540 -6,939 -20,000 -20,000
TWIC fees..................................................... (9,200) (8,300) (8,300) (8,300) (-900) ................ ................
Hazardous materials fees...................................... (12,000) (12,000) (12,000) (12,000) ................ ................ ................
Alien Flight School fees (by transfer from DOJ)............... (4,000) (4,000) (4,000) (4,000) ................ ................ ................
Certified cargo screening program............................. (5,200) (5,200) (5,200) (5,200) ................ ................ ................
Large aircraft security program............................... (1,200) (1,200) (1,200) (1,200) ................ ................ ................
Secure identification display area checks..................... (8,000) (8,000) (8,000) (8,000) ................ ................ ................
Other security threat assessments............................. (100) (100) (100) (100) ................ ................ ................
General aviation at DCA....................................... (100) (100) (100) (100) ................ ................ ................
Indirect air cargo............................................ (1,400) (1,400) (1,400) (1,400) ................ ................ ................
Sensitive security information (SSI) fees..................... (20) (20) (20) (20) ................ ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 203,893 224,274 224,274 204,274 +381 -20,000 -20,000
Direct appropriations................................... (162,673) (183,954) (183,954) (163,954) (+1,281) (-20,000) (-20,000)
Fee funded programs..................................... (41,220) (40,320) (40,320) (40,320) (-900) ................ ................
Transportation security support:
Headquarters administration................................... 254,000 320,794 289,798 293,474 +39,474 -27,320 +3,676
Information technology........................................ 466,092 485,612 450,000 453,100 -12,992 -32,512 +3,100
Human capital services........................................ 233,658 264,299 250,000 252,500 +18,842 -11,799 +2,500
Intelligence.................................................. 32,911 42,992 42,992 42,992 +10,081 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 986,661 1,113,697 1,032,790 1,042,066 +55,405 -71,631 +9,276
Federal Air Marshals:
Management and administration................................. 805,275 860,260 845,260 850,000 +44,725 -10,260 +4,740
Travel and training........................................... 122,667 131,115 116,115 131,115 +8,448 ................ +15,000
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 927,942 991,375 961,375 981,115 +53,173 -10,260 +19,740
-----------------------------------------------------------------------------------------------------------------------------
Total, Transportation Security Administration............... 7,687,552 8,115,259 7,822,743 7,905,769 +218,217 -209,490 +83,026
Offsetting fee collections........................................ (-2,100,000) (-2,310,000) (-2,030,000) (-2,310,000) (-210,000) ................ (-280,000)
Aviation security capital fund.................................... (250,000) (250,000) (250,000) (250,000) ................ ................ ................
Fee funded programs............................................... (41,220) (40,320) (40,320) (40,320) (-900) ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Total, Transportation Security Administration (net)......... 5,296,332 5,514,939 5,502,423 5,305,449 +9,117 -209,490 -196,974
=============================================================================================================================
Coast Guard
Operating expenses:
Military pay and allowances................................... 3,345,303 3,447,753 3,434,872 3,434,061 +88,758 -13,692 -811
Civilian pay and benefits..................................... 737,702 780,556 775,063 784,256 +46,554 +3,700 +9,193
Training and recruiting....................................... 204,087 213,282 213,282 213,321 +9,234 +39 +39
Operating funds and unit level maintenance.................... 1,138,474 1,109,323 1,109,450 1,109,623 -28,851 +300 +173
Centrally managed accounts.................................... 345,174 351,478 343,348 342,653 -2,521 -8,825 -695
Intermediate and depot level maintenance...................... 869,291 917,113 936,768 936,140 +66,849 +19,027 -628
(Defense function)........................................ (594,000) (598,278) (598,278) (598,000) (+4,000) (-278) (-278)
Overseas contingency operations (defense function)............ 254,000 ................ 258,278 258,000 +4,000 +258,000 -278
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 6,894,031 6,819,505 7,071,061 7,078,054 +184,023 +258,549 +6,993
Appropriations.......................................... (6,640,031) (6,819,505) (6,812,783) (6,820,054) (+180,023) (+549) (+7,271)
Overseas contingency operations (Defense function)...... (254,000) ................ (258,278) (258,000) (+4,000) (+258,000) (-278)
Environmental compliance and restoration.......................... 13,172 16,699 10,198 16,699 +3,527 ................ +6,501
Reserve training.................................................. 133,365 136,778 131,778 134,278 +913 -2,500 +2,500
Acquisition, construction, and improvements:
Vessels:
Survey and design-vessels and boats....................... ................ 6,000 6,000 6,000 +6,000 ................ ................
Response boat-medium...................................... 41,916 110,000 90,691 110,000 +68,084 ................ +19,309
In-service cutters sustainment............................ ................ 14,000 14,000 14,000 +14,000 ................ ................
National security cutter.................................. 690,616 77,000 ................ 77,000 -613,616 ................ +77,000
Offshore patrol cutter.................................... 44,910 25,000 25,000 25,000 -19,910 ................ ................
Fast response cutter...................................... 239,520 358,000 240,000 358,000 +118,480 ................ +118,000
Cutter boats.............................................. 2,994 5,000 5,000 5,000 +2,006 ................ ................
Medium endurance cutter sustainment....................... 29,940 47,000 47,000 47,000 +17,060 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 1,049,896 642,000 427,691 642,000 -407,896 ................ +214,309
Aircraft:
Airframe replacement (CGNR 6017).......................... ................ 18,300 ................ 18,300 +18,300 ................ +18,300
Maritime patrol aircraft.................................. 39,920 129,500 129,500 104,500 +64,580 -25,000 -25,000
HH-60 conversion projects................................. 31,936 56,100 ................ 56,100 +24,164 ................ +56,100
HH-60 acquisition/conversion/sustainment.................. ................ ................ 74,400 ................ ................ ................ -74,400
HC-130H conversion/sustainment projects................... 24,950 62,000 ................ 62,000 +37,050 ................ +62,000
Long range surveillance aircraft.......................... ................ ................ 62,000 ................ ................ ................ -62,000
HH-65 acquisition/conversion/sustainment.................. ................ ................ 61,000 ................ ................ ................ -61,000
HH-65 conversion/sustainment projects..................... ................ 24,000 ................ 24,000 +24,000 ................ +24,000
HC-130J Fleet introduction................................ 3,992 ................ ................ ................ -3,992 ................ ................
Unmanned aircraft systems................................. ................ ................ 2,000 ................ ................ ................ -2,000
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 100,798 289,900 328,900 264,900 +164,102 -25,000 -64,000
Other:
Government program management............................. 44,910 35,000 30,000 30,000 -14,910 -5,000 ................
Systems engineering and integration....................... 28,942 17,140 17,140 17,140 -11,802 ................ ................
C\4\ISR................................................... 30,439 34,500 44,500 34,500 +4,061 ................ -10,000
Technology obsolesce prevention........................... 998 ................ ................ ................ -998 ................ ................
CG-LIMS................................................... ................ 6,500 6,500 6,500 +6,500 ................ ................
Nationwide automatic identification system (NAIS)......... ................ 5,000 5,000 5,000 +5,000 ................ ................
National distress and response system Rescue 21........... 35,928 65,000 65,000 65,000 +29,072 ................ ................
Interagency operational centers........................... ................ 3,000 3,000 3,000 +3,000 ................ ................
Deepwater Logistics....................................... 49,900 ................ ................ ................ -49,900 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 191,117 166,140 171,140 161,140 -29,977 -5,000 -10,000
Shore Facilities and Aids to Navigation:
Major Shore, ATON and Survey and design................... 63,867 92,900 50,000 92,900 +29,033 ................ +42,900
Major acquisition systems infrastructure.................. ................ 94,500 66,000 94,500 +94,500 ................ +28,500
Minor shore............................................... 3,199 6,292 ................ 6,292 +3,093 ................ +6,292
Military housing.......................................... 1,996 ................ ................ ................ -1,996 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 69,062 193,692 116,000 193,692 +124,630 ................ +77,692
Military housing.............................................. ................ 20,000 ................ 20,000 +20,000 ................ +20,000
Personnel and related support:
Core acquisition costs.................................... 509 600 600 600 +91 ................ ................
Direct personnel costs.................................... 105,362 109,592 107,342 109,592 +4,230 ................ +2,250
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 105,871 110,192 107,942 110,192 +4,321 ................ +2,250
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Acquisition, construction, and improvements... 1,516,744 1,421,924 1,151,673 1,391,924 -124,820 -30,000 +240,251
Research, development, test, and evaluation....................... 24,696 19,779 12,779 27,779 +3,083 +8,000 +15,000
Health care fund contribution (permanent indefinite discretionary) 265,321 261,871 261,871 261,871 -3,450 ................ ................
Retired pay (mandatory)........................................... 1,400,700 1,440,157 1,440,157 1,440,157 +39,457 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Total, Coast Guard.......................................... 10,248,029 10,116,713 10,079,517 10,350,762 +102,733 +234,049 +271,245
Appropriations.......................................... (9,994,029) (10,116,713) (9,821,239) (10,092,762) (+98,733) (-23,951) (+271,523)
Overseas contingency operations......................... (254,000) ................ (258,278) (258,000) (+4,000) (+258,000) (-278)
(Mandatory)................................................. (1,400,700) (1,440,157) (1,440,157) (1,440,157) (+39,457) ................ ................
(Discretionary)............................................. (8,847,329) (8,676,556) (8,639,360) (8,910,605) (+63,276) (+234,049) (+271,245)
United States Secret Service
Salaries and expenses:
Protection:
Protection of persons and facilities...................... 769,978 847,963 847,963 831,963 +61,985 -16,000 -16,000
Protective intelligence activities........................ 67,688 68,125 68,125 68,125 +437 ................ ................
National special security event fund...................... 998 19,307 12,307 19,307 +18,309 ................ +7,000
Presidential candidate nominee protection................. 17,831 113,462 113,462 113,462 +95,631 ................ ................
White House mail screening................................ 22,370 24,315 24,315 18,472 -3,898 -5,843 -5,843
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 878,865 1,073,172 1,066,172 1,051,329 +172,464 -21,843 -14,843
Investigations:
Domestic field operations................................. 256,897 223,991 223,991 223,991 -32,906 ................ ................
International field office administration, operations, and 30,644 30,971 30,971 32,971 +2,327 +2,000 +2,000
training.................................................
Electronic crimes special agent program and electronic 56,042 53,051 53,051 53,051 -2,991 ................ ................
crimes task forces.......................................
Support for missing and exploited children................ 8,349 8,366 8,366 8,366 +17 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 351,932 316,379 316,379 318,379 -33,553 +2,000 +2,000
Headquarters, management and administration................... 226,284 246,602 228,302 201,088 -25,196 -45,514 -27,214
Rowley training center........................................ 54,251 55,598 55,598 55,598 +1,347 ................ ................
Information integration & technology transformation........... ................ ................ ................ 43,843 +43,843 +43,843 +43,843
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and expenses............................. 1,511,332 1,691,751 1,666,451 1,670,237 +158,905 -21,514 +3,786
Acquisition, construction, improvements, and related expenses..... 3,967 6,780 6,780 5,380 +1,413 -1,400 -1,400
-----------------------------------------------------------------------------------------------------------------------------
Total, United States Secret Service......................... 1,515,299 1,698,531 1,673,231 1,675,617 +160,318 -22,914 +2,386
=============================================================================================================================
Total, title II, Security, Enforcement, and Investigations.. 32,440,178 33,196,186 33,150,360 33,108,434 +668,256 -87,752 -41,926
Appropriations...................................... (32,186,178) (33,212,486) (32,892,082) (32,850,434) (+664,256) (-362,052) (-41,648)
Overseas deployments and other activities........... (254,000) ................ (258,278) (258,000) (+4,000) (+258,000) (-278)
Rescissions/cancellations........................... ................ (-16,300) ................ ................ ................ (+16,300) ................
(Fee Accounts).......................................... (1,717,775) (1,820,374) (1,765,374) (1,765,374) (+47,599) (-55,000) ................
=============================================================================================================================
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Management and administration:
Administrative activities..................................... 34,613 45,634 33,634 33,634 -979 -12,000 ................
Risk management and analysis.................................. 8,877 9,522 8,877 4,241 -4,636 -5,281 -4,636
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 43,490 55,156 42,511 37,875 -5,615 -17,281 -4,636
Infrastructure Protection and Information Security:
Infrastructure protection:
Infrastructure analysis and planning...................... 80,170 74,518 71,518 72,700 -7,470 -1,818 +1,182
Sector management and governance.......................... 82,194 87,045 81,545 84,000 +1,806 -3,045 +2,455
Regional field operations................................. 64,742 61,367 57,367 61,367 -3,375 ................ +4,000
Infrastructure security compliance........................ 95,930 99,348 91,848 99,348 +3,418 ................ +7,500
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Infrastructure protection..................... 323,036 322,278 302,278 317,415 -5,621 -4,863 +15,137
Assistant Secretary for Cybersecurity/Communication........... ................ 4,744 ................ 4,744 +4,744 ................ +4,744
Information Security:
Cybersecurity:
Cybersecurity Coordination............................ 4,990 5,000 4,000 5,000 +10 ................ +1,000
U.S. Computer Response Team (US-CERT) Opera- tions... 77,432 82,114 79,116 80,000 +2,568 -2,114 +884
Federal Network Security.............................. 19,651 40,923 28,924 35,000 +15,349 -5,923 +6,076
Network Security Deployment........................... 176,017 233,602 229,101 232,500 +56,483 -1,102 +3,399
Global Cyber Security Management...................... 17,506 24,527 24,527 24,527 +7,021 ................ ................
Critical Infrastructure/Cyber Protect/Awareness....... 52,637 61,364 61,364 61,364 +8,727 ................ ................
Business Operations................................... 14,821 11,568 11,568 11,568 -3,253 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Cybersecurity............................. 363,054 459,098 438,600 449,959 +86,905 -9,139 +11,359
Telecommunications:
Priority telecommunications services...................... 56,170 56,824 56,824 56,824 +654 ................ ................
Programs to study and enhance telecommunications.......... 16,624 13,441 13,441 13,441 -3,183 ................ ................
Critical infrastructure protection programs............... 14,854 11,352 11,352 11,352 -3,502 ................ ................
Next generation networks.................................. 21,053 25,253 25,253 21,053 ................ -4,200 -4,200
Office of emergency communications........................ 43,972 43,495 43,495 43,495 -477 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Telecommunications............................ 152,673 150,365 150,365 146,165 -6,508 -4,200 -4,200
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Information Security.......................... 515,727 609,463 588,965 596,124 +80,397 -13,339 +7,159
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Infrastructure Protection and Information 838,763 936,485 891,243 918,283 +79,520 -18,202 +27,040
Security...............................................
Federal Protective Service:
Basic security................................................ 220,000 247,478 247,478 247,478 +27,478 ................ ................
Building-specific security.................................... 420,000 501,039 501,039 501,039 +81,039 ................ ................
Reimbursable Security Fees (contract guard services).......... 475,000 513,020 513,020 513,020 +38,020 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Federal Protective Service........................ 1,115,000 1,261,537 1,261,537 1,261,537 +146,537 ................ ................
Offsetting collections...................................... -1,115,000 -1,261,537 -1,261,537 -1,261,537 -146,537 ................ ................
U.S. Visitor and Immigrant Status Indicator Technology............ 333,944 302,271 297,402 297,402 -36,542 -4,869 ................
Rescission.................................................... ................ -25,642 ................ ................ ................ +25,642 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 333,944 276,629 297,402 297,402 -36,542 +20,773 ................
-----------------------------------------------------------------------------------------------------------------------------
Total, National Protection and Programs Directorate......... 1,216,197 1,268,270 1,231,156 1,253,560 +37,363 -14,710 +22,404
Appropriations.......................................... (2,331,197) (2,555,449) (2,492,693) (2,515,097) (+183,900) (-40,352) (+22,404)
Rescissions/cancellations............................... ................ (-25,642) ................ ................ ................ (+25,642) ................
Offsetting collections.................................. (-1,115,000) (-1,261,537) (-1,261,537) (-1,261,537) (-146,537) ................ ................
=============================================================================================================================
Office of Health Affairs
BioWatch.......................................................... 100,780 115,164 115,164 115,164 +14,384 ................ ................
National biosurveillance integration center....................... 7,000 7,014 12,013 3,514 -3,486 -3,500 -8,499
Rapidly deployable chemical detection system...................... 2,400 ................ ................ ................ -2,400 ................ ................
Chemical defense program.......................................... ................ 2,439 2,439 5,439 +5,439 +3,000 +3,000
Planning and coordination......................................... 2,276 6,162 6,162 6,162 +3,886 ................ ................
Salaries and expenses............................................. 26,999 30,170 30,171 29,171 +2,172 -999 -1,000
-----------------------------------------------------------------------------------------------------------------------------
Total, Office of Health Affairs............................. 139,455 160,949 165,949 159,450 +19,995 -1,499 -6,499
=============================================================================================================================
Federal Emergency Management Agency
Management and administration:
Operating activities.......................................... 744,663 780,492 666,555 ................ -744,663 -780,492 -666,555
Defense function.......................................... (74,551) (99,099) (99,099) ................ (-74,551) (-99,099) (-99,099)
Urban search and rescue response system....................... 35,180 29,113 35,250 ................ -35,180 -29,113 -35,250
Office of National Capital Region Coordination................ 6,981 5,319 5,493 ................ -6,981 -5,319 -5,493
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 786,824 814,924 707,298 ................ -786,824 -814,924 -707,298
(Defense)............................................... (74,551) (99,099) (99,099) ................ (-74,551) (-99,099) (-99,099)
(Nondefense)............................................ (712,273) (715,825) (608,199) ................ (-712,273) (-715,825) (-608,199)
(Transfer from Disaster relief fund).......................... (105,389) ................ (105,600) ................ (-105,389) ................ (-105,600)
(Transfer from state and local programs)...................... (129,052) (184,544) (100,000) ................ (-129,052) (-184,544) (-100,000)
(Available from firefighter assistance grants)................ (46,886) ................ (67,000) ................ (-46,886) ................ (-67,000)
(Available from emergency mgnt performance grants)............ (10,180) ................ (35,000) ................ (-10,180) ................ (-35,000)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Management and administration..................... 1,078,331 999,468 1,014,898 ................ -1,078,331 -999,468 -1,014,898
Operating expenses:
Administrative and regional offices........................... ................ ................ ................ 112,157 +112,157 +112,157 +112,157
Office of National Capital Region Coordination............ ................ ................ ................ (6,981) (+6,981) (+6,981) (+6,981)
Preparedness and protection................................... ................ ................ ................ 117,373 +117,373 +117,373 +117,373
Response...................................................... ................ ................ ................ 226,228 +226,228 +226,228 +226,228
Urban search and rescue response system................... ................ ................ ................ (41,250) (+41,250) (+41,250) (+41,250)
Recovery...................................................... ................ ................ ................ 80,373 +80,373 +80,373 +80,373
Mitigation.................................................... ................ ................ ................ 43,675 +43,675 +43,675 +43,675
Mission support............................................... ................ ................ ................ 210,271 +210,271 +210,271 +210,271
Centrally managed accounts.................................... ................ ................ ................ 114,473 +114,473 +114,473 +114,473
Defense function.......................................... ................ ................ ................ (99,099) (+99,099) (+99,099) (+99,099)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ ................ ................ ................ 904,550 +904,550 +904,550 +904,550
(Defense)........................................... ................ ................ ................ (99,099) (+99,099) (+99,099) (+99,099)
(Nondefense)........................................ ................ ................ ................ (805,451) (+805,451) (+805,451) (+805,451)
(Transfer from state and local programs)...................... ................ ................ ................ (85,647) (+85,647) (+85,647) (+85,647)
(Available from firefighter assistance grants)................ ................ ................ ................ (37,500) (+37,500) (+37,500) (+37,500)
(Available from emergency mgmt performance grants)............ ................ ................ ................ (10,500) (+10,500) (+10,500) (+10,500)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Operating expenses................................ ................ ................ ................ 1,038,197 +1,038,197 +1,038,197 +1,038,197
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Management & admin/Operating expenses............. 1,078,331 999,468 1,014,898 1,038,197 -40,134 +38,729 +23,299
Grants and Training:
State and local programs:
Homeland security......................................... ................ ................ 752,337 ................ ................ ................ -752,337
State Homeland Security Grant Program..................... 578,840 ................ ................ 380,000 -198,840 +380,000 +380,000
Operation Stonegarden................................. 54,890 ................ 55,000 50,000 -4,890 +50,000 -5,000
Driver's license security grants...................... 44,910 ................ ................ ................ -44,910 ................ ................
Citizen Corps......................................... 9,980 ................ ................ ................ -9,980 ................ ................
Metropolitan medical response......................... 34,930 ................ ................ ................ -34,930 ................ ................
Urban area security initiative............................ 723,550 ................ ................ 400,000 -323,550 +400,000 +400,000
Nonprofit security grants............................. (19,000) ................ ................ (10,000) (-9,000) (+10,000) (+10,000)
Regional catastrophic preparedness grants................. 14,970 ................ ................ ................ -14,970 ................ ................
Public transportation security assistance and railroad 249,500 ................ ................ 200,000 -49,500 +200,000 +200,000
security assistance......................................
Amtrak security....................................... (19,960) ................ ................ (20,000) (+40) (+20,000) (+20,000)
Over-the-road bus security assistance................. (4,990) ................ ................ ................ (-4,990) ................ ................
Port security grants...................................... 249,500 ................ ................ 200,000 -49,500 +200,000 +200,000
Buffer Zone Protection Program grants..................... ................ ................ ................ ................ ................ ................ ................
Emergency Operations Centers.............................. 14,970 ................ ................ 15,000 +30 +15,000 +15,000
National Programs:
National Domestic Preparedness Consortium............. 92,814 ................ 44,500 ................ -92,814 ................ -44,500
Center for Domestic Preparedness...................... 62,375 ................ 62,500 ................ -62,375 ................ -62,500
National exercise program............................. 39,920 ................ 40,000 ................ -39,920 ................ -40,000
Technical assistance.................................. 10,978 ................ 10,000 ................ -10,978 ................ -10,000
Continuing training grants............................ 28,942 ................ 25,663 ................ -28,942 ................ -25,663
Evaluations and assessments........................... 13,972 ................ 10,000 ................ -13,972 ................ -10,000
-----------------------------------------------------------------------------------------------------------------------------
Subtotal............................................ 249,001 ................ 192,663 ................ -249,001 ................ -192,663
Education, Training, and Exercises:
Emergency Management Institute........................ ................ ................ ................ 16,181 +16,181 +16,181 +16,181
Center for Domestic Preparedness...................... ................ ................ ................ 62,500 +62,500 +62,500 +62,500
National Domestic Preparedness Consortium............. ................ ................ ................ 93,000 +93,000 +93,000 +93,000
National Exercise Program............................. ................ ................ ................ 34,000 +34,000 +34,000 +34,000
Continuing training................................... ................ ................ ................ 26,000 +26,000 +26,000 +26,000
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Education, Training & Exercises........... ................ ................ ................ 231,681 +231,681 +231,681 +231,681
State and Regional Preparedness Program:
State Homeland Security Grant Program................. ................ 1,050,000 ................ ................ ................ -1,050,000 ................
Operation Stonegarden................................. ................ (50,000) ................ ................ ................ (-50,000) ................
Citizen Corps Grants.................................. ................ 13,000 ................ ................ ................ -13,000 ................
Assistance to Firefighters Grants..................... ................ 670,000 ................ ................ ................ -670,000 ................
Emergency Management Performance Grants............... ................ 350,000 ................ ................ ................ -350,000 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, State and Regional Preparedness Program... ................ 2,083,000 ................ ................ ................ -2,083,000 ................
Metropolitan Statistical Area (MSA) Preparedness Program:
Urban Area Security Initiative........................ ................ 920,000 ................ ................ ................ -920,000 ................
Port Security Grants.................................. ................ 300,000 ................ ................ ................ -300,000 ................
Rail/Public Transportation Security Grants............ ................ 300,000 ................ ................ ................ -300,000 ................
Amtrak................................................ ................ (20,000) ................ ................ ................ (-20,000) ................
Buffer Zone Protection Program........................ ................ 50,000 ................ ................ ................ -50,000 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, MSA Preparedness Program.................. ................ 1,570,000 ................ ................ ................ -1,570,000 ................
Training, Measurement and Exercise Program:
National Exercise Program............................. ................ 40,000 ................ ................ ................ -40,000 ................
Continuing training Grants............................ ................ 20,663 ................ ................ ................ -20,663 ................
Center for Domestic Preparedness...................... ................ 62,500 ................ ................ ................ -62,500 ................
National Domestic Preparedness Consortium............. ................ 44,500 ................ ................ ................ -44,500 ................
Technical assistance and evaluation................... ................ 24,000 ................ ................ ................ -24,000 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Training, Measurement and Exercise Program ................ 191,663 ................ ................ ................ -191,663 ................
(Defense function)........................................ ................ (50,000) (50,000) (50,000) (+50,000) ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, State and Local Programs...................... 2,225,041 3,844,663 1,000,000 1,476,681 -748,360 -2,367,982 +476,681
(Defense)........................................... ................ (50,000) (50,000) (50,000) (+50,000) ................ ................
(Nondefense)........................................ (2,225,041) (3,794,663) (950,000) (1,426,681) (-798,360) (-2,367,982) (+476,681)
(transfer to Operating expenses).......................... (-129,052) (-184,544) (-100,000) (-85,647) (+43,405) (+98,897) (+14,353)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, State and Local Programs (net)................ 2,095,989 3,660,119 900,000 1,391,034 -704,955 -2,269,085 +491,034
Firefighter assistance grants:
Fire grants............................................... 404,190 ................ 335,000 375,000 -29,190 +375,000 +40,000
Staffing for Adequate Fire and Emergency Response (SAFER) 404,190 ................ 335,000 375,000 -29,190 +375,000 +40,000
Act grants...............................................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.............................................. 808,380 ................ 670,000 750,000 -58,380 +750,000 +80,000
(available to Operating expenses)......................... (-46,886) ................ (-35,000) (-37,500) (+9,386) (-37,500) (-2,500)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Firefighter assistance grants................. 761,494 ................ 635,000 712,500 -48,994 +712,500 +77,500
Emergency management performance grants....................... 339,320 ................ 350,000 350,000 +10,680 +350,000 ................
(available to Operating expenses)......................... (-10,180) ................ (-35,000) (-10,500) (-320) (-10,500) (+24,500)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ 329,140 ................ 315,000 339,500 +10,360 +339,500 +24,500
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Grants and training........................... 3,372,741 3,844,663 2,020,000 2,576,681 -796,060 -1,267,982 +556,681
Radiological Emergency Preparedness Program....................... -265 -896 -896 -896 -631 ................ ................
United States Fire Administration................................. 45,497 42,538 42,538 45,038 -459 +2,500 +2,500
Disaster Relief Fund.............................................. 2,644,700 1,800,000 2,650,000 1,800,000 -844,700 ................ -850,000
(Disaster relief category).................................... ................ ................ ................ 4,200,000 +4,200,000 +4,200,000 +4,200,000
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Disaster Relief Fund.............................. 2,644,700 1,800,000 2,650,000 6,000,000 +3,355,300 +4,200,000 +3,350,000
(transfer to Operating expenses).............................. (-105,389) ................ (-105,600) ................ (+105,389) ................ (+105,600)
(transfer to Inspector General)............................... (-15,968) ................ (-16,000) (-16,000) (-32) (-16,000) ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, net of transfers.................................. 2,523,343 1,800,000 2,528,400 5,984,000 +3,460,657 +4,184,000 +3,455,600
Disaster assistance direct loan program account:
(Limitation on direct loans).................................. (25,000) (25,000) (25,000) (25,000) ................ ................ ................
Direct loan subsidy........................................... 294 295 296 295 +1 ................ -1
Flood hazard mapping and risk analysis............................ 181,636 102,712 102,712 92,712 -88,924 -10,000 -10,000
National flood insurance fund:
Salaries and expenses......................................... 22,145 22,000 22,000 22,000 -145 ................ ................
Flood plain management and mapping............................ 146,855 149,000 149,000 149,000 +2,145 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 169,000 171,000 171,000 171,000 +2,000 ................ ................
Offsetting fee collections.................................... -169,000 -171,000 -171,000 -171,000 -2,000 ................ ................
National predisaster mitigation fund.............................. 49,900 84,937 40,000 42,500 -7,400 -42,437 +2,500
Emergency food and shelter........................................ 119,760 100,000 120,000 120,000 +240 +20,000 ................
-----------------------------------------------------------------------------------------------------------------------------
Total, Federal Emergency Management Agency.................. 7,201,087 6,789,173 5,681,948 9,780,880 +2,579,793 +2,991,707 +4,098,932
(by transfer)............................................... (291,507) (184,544) (307,600) (133,647) (-157,860) (-50,897) (-173,953)
(transfer out).............................................. (-307,475) (-184,544) (-291,600) (-149,647) (+157,828) (+34,897) (+141,953)
(Limitation on direct loans)................................ (25,000) (25,000) (25,000) (25,000) ................ ................ ................
=============================================================================================================================
Total, title III, Protection, Preparedness, Response and 8,556,739 8,218,392 7,079,053 11,193,890 +2,637,151 +2,975,498 +4,114,837
Recovery Directorate.......................................
Appropriations.......................................... (8,556,739) (8,244,034) (7,079,053) (6,993,890) (-1,562,849) (-1,250,144) (-85,163)
Rescissions............................................. ................ (-25,642) ................ ................ ................ (+25,642) ................
Disaster relief category................................ ................ ................ ................ (4,200,000) (+4,200,000) (+4,200,000) (+4,200,000)
By transfer................................................. (291,507) (184,544) (307,600) (133,647) (-157,860) (-50,897) (-173,953)
Transfer out................................................ (-307,475) (-184,544) (-291,600) (-149,647) (+157,828) (+34,897) (+141,953)
(Limitation on direct loans)................................ (25,000) (25,000) (25,000) (25,000) ................ ................ ................
=============================================================================================================================
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations:
Acquisition workforce......................................... ................ 1,467 ................ ................ ................ -1,467 ................
Data center consolidation..................................... 2,157 12,500 ................ 10,500 +8,343 -2,000 +10,500
Systematic Alien Verification for Entitlements................ ................ 29,937 29,937 ................ ................ -29,937 -29,937
E-Verify program.............................................. 103,193 102,424 102,424 102,424 -769 ................ ................
Immigrant integration programs................................ 11,000 19,749 ................ 8,000 -3,000 -11,749 +8,000
Asylum and refugee services................................... 29,950 203,400 ................ ................ -29,950 -203,400 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 146,300 369,477 132,361 120,924 -25,376 -248,553 -11,437
Adjudication services (fee account):
District operations........................................... (1,169,135) (1,157,137) ................ (1,157,137) (-11,998) ................ (+1,157,137)
Service center operations..................................... (508,281) (519,518) ................ (519,518) (+11,237) ................ (+519,518)
Asylum, Refugee and International Operations.................. (62,630) (88,364) ................ (291,764) (+229,134) (+203,400) (+291,764)
Records operations............................................ (102,471) (103,902) ................ (103,902) (+1,431) ................ (+103,902)
Business transformation....................................... (164,025) (234,400) ................ (234,400) (+70,375) ................ (+234,400)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Adjudication services............................. 2,006,542 2,103,321 ................ 2,306,721 +300,179 +203,400 +2,306,721
Information and customer services (fee account):
Information and customer services............................. (83,501) (85,773) ................ (85,773) (+2,272) ................ (+85,773)
Administration (fee account):
Administration................................................ (336,514) (348,295) ................ (348,295) (+11,781) ................ (+348,295)
Systematic Alien Verification for Entitlements (SAVE) (fee ................ ................ ................ (29,937) (+29,937) (+29,937) (+29,937)
account).........................................................
Immigration Examinations Fee Account:
Adjudication services:
District operations....................................... ................ ................ (1,132,630) ................ ................ ................ (-1,132,630)
Service center operations................................. ................ ................ (494,333) ................ ................ ................ (-494,333)
Asylum, refugee and international operations.............. ................ ................ (293,978) ................ ................ ................ (-293,978)
International operations.................................. ................ ................ ................ ................ ................ ................ ................
Records operations........................................ ................ ................ (103,902) ................ ................ ................ (-103,902)
Business transformation................................... ................ ................ (234,400) ................ ................ ................ (-234,400)
(Digitization program) display only non-add........... ................ ................ (29,000) ................ ................ ................ (-29,000)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal............................................ ................ ................ 2,259,243 ................ ................ ................ -2,259,243
Information and customer services:
Operating expenses........................................ ................ ................ (85,773) ................ ................ ................ (-85,773)
Administration:
Operating expenses........................................ ................ ................ (348,295) ................ ................ ................ (-348,295)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Immigration Examinations Fee Acct............. ................ ................ 2,693,311 ................ ................ ................ -2,693,311
H1-B Visa Fee Account:
Adjudication services:
Service center operations................................. ................ ................ (13,000) ................ ................ ................ (-13,000)
H1-B and L Fraud Prevention Fee Account:
Adjudication services:
District operations....................................... ................ ................ (24,507) ................ ................ ................ (-24,507)
Asylum and refugee operating expenses..................... ................ ................ (1,386) ................ ................ ................ (-1,386)
Service center operations................................. ................ ................ (12,185) ................ ................ ................ (-12,185)
-----------------------------------------------------------------------------------------------------------------------------
Subtotal................................................ ................ ................ 38,078 ................ ................ ................ -38,078
-----------------------------------------------------------------------------------------------------------------------------
Total, United States Citizenship and Immigration (2,572,857) (2,906,866) (2,876,750) (2,891,650) (+318,793) (-15,216) (+14,900)
Services...............................................
Appropriations...................................... (146,300) (369,477) (132,361) (120,924) (-25,376) (-248,553) (-11,437)
Fee accounts........................................ (2,426,557) (2,537,389) (2,744,389) (2,770,726) (+344,169) (+233,337) (+26,337)
=============================================================================================================================
Federal Law Enforcement Training Center
Salaries and expenses:
Law enforcement training...................................... 234,141 207,937 207,937 207,937 -26,204 ................ ................
Management and administration................................. ................ 29,716 29,716 29,716 +29,716 ................ ................
Accreditation................................................. 1,306 1,304 1,304 1,304 -2 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and expenses............................. 235,447 238,957 238,957 238,957 +3,510 ................ ................
Acquisitions, construction, improvements, and related expenses: 35,385 37,456 35,456 33,456 -1,929 -4,000 -2,000
direct appropriation.............................................
-----------------------------------------------------------------------------------------------------------------------------
Total, Federal Law Enforcement Training Center.............. 270,832 276,413 274,413 272,413 +1,581 -4,000 -2,000
=============================================================================================================================
Science and Technology
Management and administration..................................... 140,918 149,365 140,565 143,000 +2,082 -6,365 +2,435
Research, development, acquisition, and operations:
Border and maritime security.................................. 32,167 ................ ................ ................ -32,167 ................ ................
Chemical and biological....................................... 166,577 ................ ................ ................ -166,577 ................ ................
Command, control, and interoperability........................ 68,593 ................ ................ ................ -68,593 ................ ................
Explosives.................................................... 111,813 ................ ................ ................ -111,813 ................ ................
Human factors................................................. 11,458 ................ ................ ................ -11,458 ................ ................
Infrastructure and geophysical................................ 25,056 ................ ................ ................ -25,056 ................ ................
Innovation.................................................... 31,330 ................ ................ ................ -31,330 ................ ................
Test and evaluations/standards................................ 18,130 ................ ................ ................ -18,130 ................ ................
Transition.................................................... 41,645 ................ ................ ................ -41,645 ................ ................
Research, development, and innovation......................... ................ 659,850 106,500 439,783 +439,783 -220,067 +333,283
Apex R&D.................................................. ................ (17,900) ................ ................ ................ (-17,900) ................
Border Security........................................... ................ (42,965) ................ ................ ................ (-42,965) ................
Chemical, Biological, Radiological, Nuclear, and.......... ................ (342,462) ................ ................ ................ (-342,462) ................
Counter Terrorism Defense................................. ................ (26,707) ................ ................ ................ (-26,707) ................
Cyber Security............................................ ................ (64,102) ................ ................ ................ (-64,102) ................
Disaster Resilience....................................... ................ (165,714) ................ ................ ................ (-165,714) ................
Acquisition and operations support............................ ................ 54,154 53,650 54,154 +54,154 ................ +504
Laboratory facilities(operations and construction)............ 140,000 276,500 201,500 126,500 -13,500 -150,000 -75,000
University programs........................................... 39,890 36,563 36,563 36,563 -3,327 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 686,659 1,027,067 398,213 657,000 -29,659 -370,067 +258,787
-----------------------------------------------------------------------------------------------------------------------------
Total, Science and Technology............................... 827,577 1,176,432 538,778 800,000 -27,577 -376,432 +261,222
=============================================================================================================================
Domestic Nuclear Detection Office
Management and administration..................................... 36,918 41,120 40,000 37,000 +82 -4,120 -3,000
Research, development, and operations:
Systems engineering and architecture.......................... 33,195 31,858 30,000 31,230 -1,965 -628 +1,230
Systems development........................................... 52,851 69,689 69,000 60,000 +7,149 -9,689 -9,000
Transformational research and development..................... 96,326 ................ 45,000 ................ -96,326 ................ -45,000
Assessments................................................... 38,139 43,104 40,000 40,000 +1,861 -3,104 ................
Operations support............................................ 32,756 36,837 36,424 35,000 +2,244 -1,837 -1,424
National Technical Nuclear Forensics Center................... 21,619 24,770 24,770 24,770 +3,151 ................ ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 274,886 206,258 245,194 191,000 -83,886 -15,258 -54,194
Systems acquisition:
RPM/ASP program............................................... ................ 37,361 20,000 8,000 +8,000 -29,361 -12,000
Securing the Cities........................................... 19,940 27,000 22,000 22,000 +2,060 -5,000 ................
HPRDS program................................................. 10,000 20,000 10,000 10,000 ................ -10,000 ................
-----------------------------------------------------------------------------------------------------------------------------
Subtotal.................................................... 29,940 84,361 52,000 40,000 +10,060 -44,361 -12,000
-----------------------------------------------------------------------------------------------------------------------------
Total, Domestic Nuclear Detection Office.................... 341,744 331,739 337,194 268,000 -73,744 -63,739 -69,194
=============================================================================================================================
Total, title IV, Research and Development, Training, and 1,586,453 2,154,061 1,282,746 1,461,337 -125,116 -692,724 +178,591
Services...................................................
(Fee Accounts).............................................. (2,426,557) (2,537,389) (2,744,389) (2,770,726) (+344,169) (+233,337) (+26,337)
=============================================================================================================================
TITLE V--GENERAL PROVISIONS
Rescissions....................................................... -556,907 ................ ................ ................ +556,907 ................ ................
NSSE reimbursement fund........................................... 7,485 ................ ................ ................ -7,485 ................ ................
ICE Salaries and expenses (rescission)............................ ................ ................ -20,997 ................ ................ ................ +20,997
Violent crime reduction programs (rescission)..................... ................ ................ -595 ................ ................ ................ +595
ICE construction (rescission)..................................... ................ ................ -11,300 ................ ................ ................ +11,300
NSSE Reimbursement funds.......................................... ................ ................ ................ 10,000 +10,000 +10,000 +10,000
Data center migration............................................. ................ ................ ................ 15,000 +15,000 +15,000 +15,000
St. Elizabeths/Mission support.................................... 77,245 215,273 ................ 55,979 -21,266 -159,294 +55,979
Reimbursement for Spills of National Significance (Sec. 560)...... ................ ................ ................ 1,000 +1,000 +1,000 +1,000
CG AC&I aircraft replacement (emergency).......................... ................ ................ ................ 18,300 +18,300 +18,300 +18,300
CG AC&I (rescission, emergency)................................... ................ ................ ................ -7,300 -7,300 -7,300 -7,300
USCIS (rescission, emergency)..................................... ................ ................ ................ -7,000 -7,000 -7,000 -7,000
TSA Aviation Security (rescission, emergency)..................... ................ ................ ................ -4,000 -4,000 -4,000 -4,000
CG AC&I (rescission) (legacy)..................................... ................ ................ ................ -2,577 -2,577 -2,577 -2,577
ICE S&E (rescission) (legacy)..................................... ................ ................ ................ -4,000 -4,000 -4,000 -4,000
Violent Crime (rescission) (legacy)............................... ................ ................ ................ -407 -407 -407 -407
DHS Office for Domestic Preparedness (rescission)................. ................ ................ ................ -3,121 -3,121 -3,121 -3,121
FEMA National Pre-Disaster Mitigation Fund (legacy) (rescission).. ................ ................ ................ -678 -678 -678 -678
CBP S&E (rescission) (legacy)..................................... ................ ................ ................ -7,101 -7,101 -7,101 -7,101
ICE S&E (rescission).............................................. ................ ................ ................ -7,000 -7,000 -7,000 -7,000
ICE Auto Mod (rescission)......................................... ................ ................ ................ -10,000 -10,000 -10,000 -10,000
TSA (rescission).................................................. ................ ................ ................ -48,503 -48,503 -48,503 -48,503
S&T RDA&O (rescission)............................................ ................ ................ ................ -20,000 -20,000 -20,000 -20,000
=============================================================================================================================
Total, title V, General Provisions.......................... -472,177 215,273 -32,892 -21,408 +450,769 -236,681 +11,484
Appropriations.......................................... (84,730) (215,273) ................ (81,979) (-2,751) (-133,294) (+81,979)
Emergency appropriations................................ ................ ................ ................ (18,300) (+18,300) (+18,300) (+18,300)
Rescissions............................................. (-556,907) ................ (-32,892) (-103,387) (+453,520) (-103,387) (-70,495)
Rescission of emergency appropriations.................. ................ ................ ................ (-18,300) (-18,300) (-18,300) (-18,300)
=============================================================================================================================
TITLE VI--EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER RELIEF
Section 601:
Public Law 110-329, Div. A Sec. 129 DOE loan program ................ ................ -500,000 ................ ................ ................ +500,000
(rescission of emergency funding)............................
Transfer from DOE to Disaster Relief (emergency).............. ................ ................ (1,000,000) ................ ................ ................ (-1,000,000)
=============================================================================================================================
Total, title VI, Emergency Supplemental Funding for Disaster ................ ................ -500,000 ................ ................ ................ +500,000
Relief.....................................................
=============================================================================================================================
Grand total................................................. 43,321,245 45,015,556 41,789,835 46,898,157 +3,576,912 +1,882,601 +5,108,322
Mandatory............................................... (1,400,700) (1,440,157) (1,440,157) (1,440,157) (+39,457) ................ ................
General purpose discretionary........................... (41,920,545) (43,575,399) (40,349,678) (45,458,000) (+3,537,455) (+1,882,601) (+5,108,322)
Appropriations...................................... (42,223,452) (43,617,341) (40,624,292) (41,103,387) (-1,120,065) (-2,513,954) (+479,095)
Emergency appropriations............................ ................ ................ ................ (18,300) (+18,300) (+18,300) (+18,300)
Overseas contingency operations..................... (254,000) ................ (258,278) (258,000) (+4,000) (+258,000) (-278)
Disaster relief category............................ ................ ................ ................ (4,200,000) (+4,200,000) (+4,200,000) (+4,200,000)
Rescission/cancellation............................. (-556,907) (-41,942) (-32,892) (-103,387) (+453,520) (-61,445) (-70,495)
Rescission of emergency appropriations.............. ................ ................ (-500,000) (-18,300) (-18,300) (-18,300) (+481,700)
(Fee funded programs)............................................. (4,144,332) (4,357,763) (4,509,763) (4,536,100) (+391,768) (+178,337) (+26,337)
(Limitation on direct loans)...................................... (25,000) (25,000) (25,000) (25,000) ................ ................ ................
(by transfer)..................................................... (307,475) (184,544) (323,600) (149,647) (-157,828) (-34,897) (-173,953)
(transfer out).................................................... (-307,475) (-184,544) (-291,600) (-149,647) (+157,828) (+34,897) (+141,953)
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