[House Report 113-91]
[From the U.S. Government Publishing Office]
113th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 113-91
=======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2014
_______
May 29, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Carter of Texas, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY AND ADDITIONAL VIEWS
[To accompany H.R. 2217]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Department of Homeland Security for the
fiscal year ending September 30, 2014.
INDEX TO BILL AND REPORT
Page number
Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management... 2
8
Office of the Under Secretary for Management....... 3
15
Office of the Chief Financial Officer.............. 4
18
Office of the Chief Information Officer............ 5
21
Analysis and Operations............................ 7
23
Office of Inspector General........................ 7
23
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection................. 7
25
Salaries and Expenses...................... 7
25
Automation Modernization................... 9
34
Border Security Fencing, Infrastructure,
and Technology......................... 10
35
Air and Marine Operations.................. 10
37
Construction and Facilities Management..... 11
38
U.S. Immigration and Customs Enforcement........... 12
39
Salaries and Expenses...................... 12
39
Automation Modernization................... 15
47
Construction............................... 15
47
Transportation Security Administration............. 15
48
Aviation Security.......................... 15
48
Surface Transportation Security............ 18
59
Transportation Threat Assessment and
Credentialing.......................... 19
60
Transportation Security Support............ 19
63
Federal Air Marshal Service................ 20
64
Coast Guard........................................ 20
65
Operating Expenses......................... 20
65
Environmental Compliance and Restoration... 22
69
Reserve Training........................... 22
69
Acquisition, Construction, and Improvements 22
70
Research, Development, Test, and Evaluation 27
74
Medicare Eligible Retiree Health Care Fund
Contribution...........................
75
Retired Pay................................ 28
75
United States Secret Service....................... 28
76
Salaries and Expenses...................... 28
76
Acquisition, Construction and Improvements. 31
80
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate....... 32
81
Management and Administration.............. 32
81
Infrastructure Protection and Information
Security............................... 32
82
Federal Protective Service................. 33
88
Office of Biometric Identity Management.... 33
89
Office of Health Affairs........................... 35
90
Federal Emergency Management Agency................ 35
92
Salaries and Expenses...................... 35
92
State and Local Programs................... 37
94
Firefighter Assistance Grants.............. 40
96
Emergency Management Performance Grants.... 41
97
Radiological Emergency Preparedness Program 41
98
United States Fire Administration.......... 42
98
Disaster Relief Fund....................... 42
99
Flood Hazard Mapping and Risk Analysis..... 47
100
National Flood Insurance Fund.............. 47
101
National Predisaster Mitigation Fund....... 49
102
Emergency Food and Shelter................. 49
102
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services. 50
103
Federal Law Enforcement Training Center............ 51
105
Salaries and Expenses...................... 51
105
Acquisition, Construction, Improvements,
and Related Expenses................... 52
106
Science and Technology............................. 53
107
Management and Administration.............. 53
107
Research, Development, Acquisition, and
Operations............................. 53
107
Domestic Nuclear Detection Office.................. 54
112
Management and Administration.............. 54
112
Research, Development, and Operations...... 55
112
Systems Acquisition........................ 56
113
TITLE V--GENERAL PROVISIONS
This Act...........................................
114
House of Representatives Report
Requirements...........................
120
Detailed Explanations in Report............
145
The accompanying bill contains recommendations for new
budget (obligational) authority for fiscal year 2014 for the
Department of Homeland Security (DHS). The following table
summarizes these recommendations and reflects comparisons with
the budget, as amended, and with amounts appropriated to date
for fiscal year 2013:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget House compared witrh
New budget estimates of ----------------------------
(obligational new Recommended
Title authority (obligational) by the New budget Budget
fiscal year authority, House authority estimate,
2013 fiscal year fiscal year fiscal year
2014 2013 2014
----------------------------------------------------------------------------------------------------------------
Title I: Departmental Management and 1,086,101 1,239,310 931,922 -154,179 -307,388
Operations............................
Title II: Security, Enforcement and 31,278,113 30,283,338 30,751,036 -527,077 467,698
Investigations........................
Title III: Protection, Preparedness, 12,321,757 11,009,401 11,522,061 -799,696 512,660
Response and Recovery.................
Title IV: Research, Development, 1,520,660 2,214,058 1,889,594 368,934 -324,464
Training and Services.................
Title V: General Provisions............ 104,396 -50,000 -15,800 -120,196 34,200
------------------------------------------------------------------------
Grand total...................... 46,311,027 44,696,107 45,078,813 -1,232,214 382,706
------------------------------------------------------------------------
Total............................ 39,311,027 39,027,721 38,992,836 -613,205 -34,885
----------------------------------------------------------------------------------------------------------------
Note: The above amounts are discretionary only and do not include OCO/GWOT funding or the 251A sequester and
sec. 3004 OMB ATB.
References
The Committee report refers to the following laws as
follows: Implementing Recommendations of the 9/11 Commission
Act of 2007, Public Law 110-53, is referenced as the 9/11 Act;
Security and Accountability for Every Port Act of 2006, Public
Law 109-347, is referenced as the SAFE Port Act; and the
American Recovery and Reinvestment Act of 2009, Public Law 111-
5, is referenced as ARRA. References to the, ``Committees''
refers to the Committees on Appropriations in the House of
Representatives and the Senate, unless otherwise noted. The
Committee also refers to, ``full time equivalent'' positions
as, ``FTE''; ``Program, Project, Activity'' line items as,
``PPA''; and the, ``Government Accountability Office'' as,
``GAO''.
Summary of Major Recommendations in the Bill
The Committee recommends $38,993,000,000 in discretionary
funding for the Department of Homeland Security (DHS) for
fiscal year 2014, -$34,885,000, or -.09 percent, below the
amount requested and -$613,205,000, or -1.55 percent, below
fiscal year 2013 enacted levels (defined as the amount provided
for DHS in Public Law 113-6 and excluding emergency funding,
disaster relief adjustments, the President's 251A sequester,
and any other rescission adjustments imposed by the Office of
Management and Budget (OMB) pursuant to section 3004 of Public
Law 113-6). Unlike previous years, funding for the Coast
Guard's support of the Global War on Terror/Overseas
Contingency Operations are not included in the bill and are
instead supported via permissive transfer from Department of
Defense, Navy, Operations & Maintenance. The Committee does not
include requested increases for civilian pay across the
Department. Should the President provide a civilian pay
increase for 2014, it is assumed that the cost of such a pay
increase will be absorbed within other amounts appropriated for
fiscal year 2014.
The President's Fiscal Year 2014 Budget Request for the Department of
Homeland Security
The President's fiscal year 2014 budget for DHS's fiscal
year 2014 proposes to:
Reduce Coast Guard staffing by -850 military
personnel;
Reduce Immigration and Customs Enforcement
(ICE) staffing by -1,000 FTE;
Reduce the Secret Service's staffing by -376
FTE;
Reduce the Federal Emergency Management
Agency's (FEMA) First Responder Grant programs by -$250
million;
Reduce the Office of Bombing Prevention by
more than -39 percent.
Reduce Custom and Border Protection's
(CBP's) Air & Marine resources by nearly $84.0 million
and reduce flight hours by more than 40 percent.
Reduce CBP mission support by -$103.7
million.
Reduce ICE's detention capacity by -2,200
beds per day and the Alternatives to Detention program
by -$24.0 million.
Reduce the Coast Guard's recapitalization
and acquisitions by -40 percent; and
Reduce almost every vital aspect of ICE's
investigative mission, to include substantial
reductions to national security investigations,
immigration enforcement, human trafficking
investigations, counter smuggling operations, counter
proliferation investigations, child exploitation
investigations, and intellectual property protection.
Beyond these proposed reductions, further analysis reveals
that the President's fiscal year 2014 budget request for DHS
will have the following performance impacts:
The lowest level of drug interdiction
effectiveness in the past five years;
A complete inability of the Coast Guard to
fulfill its patrol boat mission requirements;
A nearly -50 percent reduction in operating
capabilities of CBP aerial surveillance along our
borders and coastlines;
The inability of ICE to fully comply with
the statutory mandate to detain certain immigration law
violators and sustain custody operations;
A deterioration of ICE's capacity to
investigate severe transnational crimes, such as
illegal weapons exportation, narcotics trafficking, and
cyber crime, including child exploitation;
A reduction in the capacity of the Office of
Bombing Prevention to implement domestic applications
of lessons learned from the wars in Iraq and
Afghanistan on improvised explosive devices; and
A reduction of five years in the average
experience of Secret Service agents assigned to vital
protective details by fiscal year 2018.
In short, the fiscal year 2014 budget request for DHS
proposes to not only reduce the immediate resources of the
Department's most critical frontline components, it proposes to
substantially diminish the long-term security capabilities of
our Nation.
The Committee categorically rejects this flawed budget
request for DHS.
Priorities in the Bill
This fiscal year 2014 appropriations bill for DHS
reprioritizes scarce funding towards our Nation's security
priorities and rectifies the President's detrimental budget
proposal for the Department. Furthermore, for the fourth year
in a row, the Committee reduces the Department's discretionary
budget and considerably decreases bureaucratic overhead. The
funding recommendations and oversight contained in this bill
are intended to:
Prioritize operations and frontline
staffing;
Provide sufficient resources to fulfill
essential mission requirements;
Instill fiscal discipline;
Reduce bureaucratic overhead; and
Administer greater oversight and
accountability.
In particular, the bill includes targeted increases
directly related to current threats, including recent domestic
and international security events. These increases above the
request include:
Restoration of the proposed reductions to
CBP's operations and vital mission support functions
while also supporting the requested addition of 1,600
new CBP officers;
For the third year in a row, increases to
CBP's targeting and TSA's SecureFlight programs above
the budget request to improve information sharing,
automation, and watchlisting capacity and processes;
Increases to ICE's capacity to conduct visa
overstay investigations and analysis;
Increases to FEMA's First Responder Grants
by $36.4 million above the amount provided in fiscal
year 2013 and $402 million (18.9 percent) above the
amount requested by the President for fiscal year 2014;
An increase of $5.0 million above the
current services level for ``If You See Something Say
SomethingTM'' efforts; and
The doubling of the requested funding level
for Bombing Prevention to improve training and
awareness of domestic usage of improvised explosive
devices.
In addition, the bill supports essential security
operations by:
Restoring the proposed reductions to ICE's
investigations and enforcement programs, to include
full funding for the mandated detention level of 34,000
detention beds and the Alternatives to Detention
program, and increases funding for investigations into
human smuggling and trafficking above the amount
provided in fiscal year 2013;
Restoring nearly all of the proposed
reductions to the Coast Guard's operating and
acquisition budgets and increases funding for
counternarcotics operations and sustainment of aging
assets;
Restoring the proposed reductions to Secret
Service agents and investigative operations, including
prevention of electronic crime and support for the
prevention of child exploitation;
Adding 40 new canine enforcement teams to
TSA, fully funding the training pipeline for canine
teams through 2015;
Increasing funding for cybersecurity by
$30.0 million above the amount provided in fiscal year
2013;
Continuing to fully fund E-Verify; and
Restoring proposed reductions to
cybersecurity analysis and counterintelligence
programs.
FISCAL DISCIPLINE
While the Department is charged with countering serious
threats to our security, the Nation faces another, perhaps
equally devastating threat. This threat lies not in foreign
countries or from unseen enemies, but here at home, where
America's fiscal situation remains unsustainable. In light of
this enormous challenge, the Committee recommends reducing
overall spending at DHS by $617,458,000, or 1.56 percent, below
the amount provided for fiscal year 2013. This marks the fourth
straight fiscal year where discretionary spending for DHS has
been reduced from the previous fiscal year's enacted level.
These reductions are made not only to help restore America's
fiscal health, but also to compel the Department to address
inefficiencies in a bureaucracy that is among the largest in
the Federal government. The importance of the Department's
mission does not make it immune from fiscal discipline.
The Committee rejects any false ``tradeoff'' between
security and spending restraint. The Committee's
recommendations are intended to force the Department to make
wiser investment decisions with limited resources and overhead
that will ultimately deliver better capabilities and result in
improving the Nation's security. The Committee will not
tolerate programs that are underperforming or failing to
achieve desired outcomes, which is why the bill makes
responsible and targeted reductions where taxpayers are not
seeing results.
Moreover, the Committee makes recommendations to instill
fiscal discipline at DHS over the long term by rejecting poorly
justified aspects of the budget request; substantially reducing
bureaucratic overhead through no less than a 15 percent
reduction in the Department's Administrative staffing and a 25
percent reduction in administrative expenses and services;
decreasing TSA's Federal staffing level, saving $60 million;
and forcing the Department to revisit costly acquisitions to
ensure better value to taxpayers. The bill also compels the
Department to more clearly link funding requests to mission
requirements and to provide a better accounting of results
before seeking additional funding for programs with a
questionable or mixed track record. Finally, for the second
year in a row, the Committee recommends denying DHS requests to
expand its bureaucracy through new standalone offices and
instead forces the Department to look at consolidations across
a number of overlapping and duplicative programs.
OVERSIGHT
The Committee recommends decisive action to improve
accountability in fiscal year 2014; including withholding funds
from Departmental management offices until the Secretary
submits to the Committee statutorily required reports and plans
that are due at the time of the President's fiscal year 2015
budget submission. The Department has been repeatedly and
egregiously late in responding to Congressional direction,
including failing to submit the majority of statutorily
required reports on time. This failure to comply with the law
is wholly unacceptable. The investment plans, expenditure
plans, reports, and justifications outlined by the Committee
are essential if it is to help DHS better protect the American
people and live up to exacting standards of fiscal
responsibility demanded by the taxpayers. By flouting
Congressional requirements, the Department is effectively
disregarding the taxpayers' right to see whether or not their
scarce dollars are spent wisely. Additional reductions are
taken throughout the Department to demonstrate the seriousness
of compliance and to compel DHS leadership to develop greater
responsiveness to statutory requirements and Congressional
requests.
In fiscal year 2014, the Committee recommends continuing
major reforms put in place in fiscal year 2012 and recommends
new actions to streamline and strengthen the Department. The
bill rejects the unauthorized grant proposal submitted in the
budget, and, instead, the Committee recommends continuing last
year's reforms and emphasizes that limited Federal dollars must
be applied to areas of highest risk. The Committee further
strengthens its stringent oversight of the Disaster Relief Fund
by continuing annual and monthly reporting requirements. The
Committee continues to press reform of inefficient budgeting
for Coast Guard acquisitions by aligning funding to
requirements based on the fiscal year of need. The Committee
also rejects the Department's request to remove functions from
the Office of Policy to create three additional, stand-alone
offices. This request to proliferate direct reports to the
Secretary is inconsistent with the goal of a more consolidated
Department with lower bureaucratic overhead and is, therefore,
not approved. Furthermore, the Committee recommends better
alignment of specific functions within the Department to both
mission and budget, such as continued reform of biometric
identity management efforts.
CONCLUSION
The Committee's intent is to prioritize funding for vital
frontline security operations; enable the Department to rapidly
and forcibly address current threats, including the type of
improvised explosive device attack perpetrated at the finish
line of the Boston Marathon; enable the Department to rapidly
and responsibly acquire much needed operational capabilities;
equip the Department to address long-standing Federal network
security vulnerabilities; push the Department to set clear and
well-reasoned priorities that align to stated mission
requirements; and require the Department to practice sound
financial and program management that disciplines funding and
aligns resources to results in terms of improved security.
Moreover, the bill mandates that the Department budget
adequately to support known and expected costs of operations,
including disaster relief; strengthen vital preparedness and
response partnerships between and among Federal, State, local,
tribal, and private sector entities; and move the Department
toward the lean and responsive organization it was envisioned
to be when it was established in 2003. The Committee remains
deeply committed to helping the Department confront long-
standing and emergent homeland security threats, and sincerely
appreciates the hard work and dedication of the thousands of
agents, officers, Coast Guard personnel, field staff and
administrative and support staff who make it their business
every day to enforce Federal laws, work to keep the Nation safe
from terrorist threats, and improve the Nation's resiliency to
disasters.
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriation, fiscal year 2013*...................... $129,870,000
Budget request, fiscal year 2014...................... 126,554,000
Recommended in the bill............................... 103,246,000
Bill compared with:
Appropriation, fiscal year 2013................... -26,624,000
Budget request, fiscal year 2014.................. -23,308,000
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The mission of the Office of the Secretary and Executive
Management (OSEM) is to provide efficient leadership and
services to the Department of Homeland Security (DHS) and to
support the Department's efforts to achieve its strategic
goals, as outlined in the Quadrennial Homeland Security Review.
Recommendation
The Committee recommends $103,246,000 for OSEM, $23,308,000
below the amount requested and $26,624,000 below the amount
provided in fiscal year 2013. This includes no more than
$45,000 for official representation and reception allowances,
$6,000 below the request. A total of $5,000,000, $2,000,000
above the amount requested and $5,000,000 above the amount
provided for fiscal year 2013, is provided for enhancements to
``If You See Something Say SomethingTM'' efforts.
Unless otherwise noted below, the recommendation reflects
reductions in funding needed to offset significant shortfalls
in the President's budget request for DHS due to: (1) assumed
increases in aviation passenger fee collections that have yet
to be authorized and that are not under the jurisdiction of the
Committee on Appropriations; (2) detrimental proposals to
severely reduce the Department's vital operational components
and frontline personnel; and (3) the repeated failure to comply
with statutory requirements. In addition, the reductions
reflect Committee dissatisfaction with inconsistent or
incomplete responses by the Department to the Committee's
repeated requests for factual information.
Due to the Department's chronic, unacceptable delays in
submitting statutorily required reports and plans, the
Committee reduces the requested amounts for the Office of the
Chief of Staff and the Executive Secretary by 50 percent.
Furthermore, the bill withholds fifty percent of the total
amount appropriated by this Act for OSEM from obligation until
the Committee receives all reports that are, by statute,
required to be submitted with or in conjunction with the fiscal
year 2015 budget request.
To enable better oversight of expenditures and personnel
changes within OSEM, the Committee has provided separate
funding recommendations for each sub-office as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Immediate Office of the Secretary. $4,128,000 $3,492,000
Immediate Office of the Deputy 1,822,000 1,536,000
Secretary........................
Office of the Chief of Staff...... 2,200,000 1,084,000
Executive Secretary............... 7,603,000 3,740,000
Office of Policy.................. 27,815,000 29,998,000
Office of Public Affairs.......... 8,661,000 9,326,000
Office of Legislative Affairs..... 5,498,000 4,625,000
Office of Intergovernmental 2,518,000 2,120,000
Affairs..........................
Office of General Counsel......... 21,000,000 17,691,000
Office for Civil Rights and Civil 21,678,000 18,272,000
Liberties........................
Citizenship and Immigration 5,344,000 4,501,000
Services Ombudsman...............
Privacy Officer................... 8,143,000 6,861,000
Office of International Affairs... 7,626,000 - - -
Office of State and Local Law 852,000 - - -
Enforcement......................
Private Sector Office............. 1,666,000 - - -
-------------------------------------
Total......................... $126,554,000 $103,246,000
------------------------------------------------------------------------
For the second year in a row, the Committee disagrees with
the proposed creation of three, new direct-reporting entities
within OSEM, including the Office of International Affairs
(OIA), the Office of State and Local Law Enforcement (SLLE),
and the Private Sector Office (PSO). This proposal is
inconsistent with the goal of a more streamlined organization
within the Department and of reducing administrative overhead.
Additionally, the Committee views international affairs policy
formulation and coordination as an inherently appropriate
function of the Office of Policy and directs that it remain as
such. The Committee, therefore, denies the proposed breakout of
these three offices into separate and distinct PPAs, directs
that they remain elements within the Office of Policy, and
includes a $2,000,000 reduction to the total amount requested
for these three offices to compel greater administrative
efficiency within the Office of Policy. This direct $2,000,000
reduction to the aggregate funding of $10,144,000 requested for
OIA, SLLE, and PSO should be realized proportionally from
reductions in duplicative administrative functions across the
three offices.
Office of Policy
The Committee recommends $29,998,000 for the Office of
Policy, $7,961,000 below the amount requested, when including
the requested funding for OIA, SLLE, and PSO, and $13,708,000
below the amount provided in fiscal year 2013. Funding provided
for this office includes OIA, SLLE, and PSO as noted in the
previous paragraph. The Committee expects the Office of Policy
to engage with components and offices in establishing, tracking
progress of, and implementing DHS strategic planning and policy
guidance across the entire spectrum of homeland security
activities.
The Committee directs the Department to provide, with the
submission of its fiscal year 2015 budget request, a detailed
expenditure plan for the Office of Policy that lists planned
projects, including details on necessary travel, for each sub-
office within the Office of Policy along with their associated
funding and staffing requirements. This expenditure plan shall
include all details on staffing to include organizational
structure, distribution of FTE, and current vacancies. In
addition, to improve oversight of operations and priorities of
the Office, the Committee directs the Department to report not
later than December 1, 2013, on fiscal year 2013 travel by
political employees of the Office of Policy, listing the follow
information per trip: dates, destinations, purpose, costs, mode
of travel, and the total number of government personnel
accompanying the political appointees.
The Committee directs the Department to ensure that the
Office of Policy is a full participant in interagency
discussions on visa policy matters, consistent with DHS
authorities.
Office of International Affairs
Since its creation, DHS has struggled with maintaining the
appropriate international footprint to ensure the full range of
DHS interests, particularly given the fact that the individuals
deployed overseas largely represent DHS components with very
specific mission needs and programs. DHS has determined that a
handful of critical locations merit a dedicated DHS Attache,
selected by the Secretary, to further Secretarial priorities,
represent Department-wide interests, and support the U.S.
Ambassador. While the Committee has supported the limited
assignment of appropriate Attache positions, the Committee
believes the Department has failed to adequately budget for
these positions within OIA. Rather, OIA has apparently relied
on a fragmentary approach of negotiating with individual
Departmental components to fund such positions. The Committee
directs the DHS Chief Financial Officer (CFO) to provide, not
later than 60 days after the date of enactment of this Act, the
costs associated with these positions and the sources of funds
from which they are supported. CFO shall also ensure that these
positions are funded and clearly identified within the Office
of Policy budget in the fiscal year 2015 request.
The Committee is concerned by the Office of International
Affairs' (OIA) promotion of international rotations of DHS
personnel through secondment positions in foreign countries.
These rotations involve significant associated costs,
particularly in cases where an entire family accompanies
seconded personnel, and the degree of commensurate benefit
appears limited. Similar benefits can be achieved with close
coordination on concrete projects and, as necessary, limited
travel. Further, the liaison function is often duplicative of
other positions, such as Attaches already stationed at the
embassy. The Committee directs OIA to submit a report not later
than 15 days after the date of enactment of this Act on the
costs and locations of all DHS secondment positions posted
since fiscal year 2008 and denies the use of funding for any
further secondment positions in fiscal year 2014. The Committee
asserts that this funding restriction is not meant to hamper
best practice exchanges.
Office of Public Affairs
The Committee recommends $5,000,000 for improvements to the
``If You See Something Say SomethingTM'' campaign,
$2,000,000 above the amount requested and $5,000,000 above the
amount provided in fiscal year 2013. Additional funding above
the fiscal year 2013 level is provided for improvement to
homeland security awareness efforts, most especially those
efforts specifically aimed at identifying and mitigating the
risks of domestic use of improvised explosive devices. The
Office of Public Affairs is directed to brief the Committees on
a spend plan for these funds not later than 30 days after the
date of enactment of this Act.
Office for Civil Rights and Civil Liberties
The Committee recommends $18,272,000 for the Office for
Civil Rights and Civil Liberties (OCRCL), $3,406,000 below the
amount requested and $3,346,000 below the amount provided in
fiscal year 2013. Part of this reduction reflects, as noted
above, the need to offset significant budget shortfalls created
by assumptions of unauthorized and inaccessible fee revenue as
well as a substantially imbalanced budget request that
disproportionally reduces the Department's operational
components and frontline staffing. Included within the amount
recommended for this office is a total of $2,394,000 for OCRCL
reviews of 287(g) agreements and ICE's Secure Communities.
However, the Committee expects the Department to ensure that
OCRCL efforts complement, but in no way duplicate, those of the
Office of Inspector General or other oversight elements of
components, such as the Office of Professional Responsibility
in ICE. It has come to the attention of the Committee that
there is significant overlap in the oversight efforts of these
different organizations that results in duplicative demands on
ICE resources, potentially at the expense of vital enforcement
operations; therefore, the Committee directs that such
duplication should be eliminated to the extent possible.
The Committee directs OCRCL, in conjunction with the DHS
Privacy Officer, to conduct a joint review of U.S. Customs and
Border Protection (CBP) efforts to ensure the use of unmanned
aerial systems (UAS) complies with existing law and all
applicable privacy and civil liberty standards. This joint
review shall also address how CBP ensures its UAS usage is
limited to operation along the border and coastal areas of the
United States. This review shall be referred to the Government
Accountability Office not later than 90 days after the date of
enactment of this Act for evaluation. The Comptroller General
of the United States shall report to the Committees not later
than April 1, 2014, on this evaluation.
As noted in fiscal year 2013, the Committee is aware that
OCRCL submits annual reports to Congress, but is dissatisfied
with their chronic lateness. In order to afford the Committee a
current understanding of the work, priorities, and funding
requirements of the Office, the Committee directs OCRCL to
provide a briefing not later than 30 days after the date of
enactment of this Act on OCRCL operations in fiscal year 2013
and planned for fiscal year 2014. The briefing should cover
workload, and staffing associated with different core functions
and missions; travel; publications; and measures of performance
associated with execution of OCRCL statutory responsibilities.
Expenditure Plans
Throughout this bill and report, the Committee has included
language requiring the Department and components to submit
expenditure and obligation plans for significant investment
programs or programs for which there is a need for sustained
visibility into planning and execution of important milestones.
Regrettably, in far too many instances, such expenditure
plans--which should reflect decisions already made by the
Department to align current program priorities with available
resources--have been inexcusably late, incomplete, or have not
yet been submitted at all. Such poor responsiveness and
compliance is intolerable and reflects poorly on the
Department's duty to disclose its spending to the Congress and
American taxpayers. Throughout the bill, considerable
reductions from the request are recommended because of the
Department's lack of responsiveness toward such Congressional
requirements. Moreover, the Committee withholds substantial
funds to compel the Department to ensure plans are submitted
timely to the Committees on Appropriations.
Quarterly Reports and Other Information Requirements
The Department is directed to continue to send quarterly
reports as specified in the explanatory statement accompanying
Public Law 113-6, in particular the Border Security Status
Reports and the Detention and Removal Operations Quarterly
Reports. Given the achievement of nationwide deployment of
Secure Communities in early 2013, the Committee discontinues
the statutory requirement for Secure Communities Quarterly
Reports. The Detention and Removal Operations reports should
incorporate operational information associated with Secure
Communities hits and results, as it includes all detention and
removal operations statistics.
Travel
The Committee commends the Department on reducing executive
travel costs. Travel by Department leadership and senior staff
is necessary when it supports critical Department missions,
advances national policy interests, or is for fundamental
oversight and management purposes. However, as noted by the
Committee over the past several years, some travel by
Department officials has failed to meet the test of being both
necessary and efficient.
In addition, the Committee is concerned about the funding
sources for travel by Department leadership. The Committee
expects the Department to comply with the letter of the law;
official travel funding may not be augmented at the expense of
operations. To gain better insight into the appropriateness of
DHS use of travel funding, the Committee directs the Department
to provide a quarterly report to the Committee not later than
30 days after the end of each fiscal quarter, beginning with
the end of the first quarter after the date of enactment of
this Act. The report shall detail all costs of official and
nonofficial travel by the Secretary and the Deputy Secretary
(both direct and indirect), delineated by each trip for that
quarter within all DHS appropriations.
Further, the Committee directs the Department and the Coast
Guard to expedite the completion of an updated Memorandum of
Agreement that takes into account the fluctuations in the cost
of fuel and inflation. The Committee remains concerned that the
Department has narrowly defined direct and indirect costs such
that the total cost of executive travel is needlessly
obfuscated.
Bonuses and Performance Awards
The Committee recognizes bonuses and other forms of
monetary awards for exemplary performance serve as important
tools in recognizing and motivating high achieving agency
personnel. These bonuses can be a useful means to provide
positive feedback to agency personnel and to encourage all
employees to help the Department better execute its missions by
increasing productivity and employing creative ideas. However,
the Committee continues to note that for many Department
components, offices and sub-offices, such awards, along with
quality step increases, have been given to more than half the
employees in an organization--in some cases, reaching 90
percent or higher. Such flawed practices give the appearance
incentive awards are being used simply as another form of
compensation in lieu of pay increases, rather than as the
intended award. Such broad use may cause these awards to lose
their value as a form of recognition or incentive. However, the
Committee understands that the Department decided to not award
any performance awards in fiscal year 2013 due to imposed
funding reductions. The Department is directed to include
within the President's budget request for fiscal year 2015 the
amounts estimated, by component, for such awards for fiscal
year 2015 and the standards and criteria that will be applied
to grant such awards.
Reception and Representation Allowances
Within OSEM, the Committee provides $45,000 for official
reception and representation expenses, $6,000 below the amount
requested. Within this total, no more than $17,000 shall be for
international programs within the Office of Policy and
necessary activities related to the visa waiver program. The
Department is directed to track its reception and
representation expenses in enough detail to explain how these
funds were used as the Committee conducts its oversight efforts
next year. The Committee expects the Department to review
representation allowances for all DHS agencies for equitable
alignment of funds with responsibilities and submit any
proposed changes as part of the fiscal year 2015 budget
request.
Conferences and Special Events
For fiscal year 2013, Congress mandated new, strict
oversight requirements for conferences and special events. The
Committee continues this stringent oversight and expects DHS to
comply with such statutory requirements for fiscal year 2014.
Furthermore, not later than 30 days after the end of fiscal
year 2014, the Office of Inspector General (OIG) shall report
to the Committee on the Department's event-related spending,
which shall substantiate the degree of DHS compliance with all
applicable laws and regulations and describe in detail the
total costs to the Government associated with events. The
report shall include the number of conferences held, the amount
of funds obligated, and expenses by appropriation or other
source of funding, including budget accounts and subaccounts
used to pay for events.
Performance Metrics
In today's fiscal climate, Congress must be confident that
the investment of taxpayer dollars in government services and
activities result in the achievement of stated goals and the
efficient implementation of planned strategies. The
Department's annual performance reports, however, do not
satisfactorily tie resources to results, despite efforts by
this Committee to foster good planning and performance metrics.
As a result, Congress is forced to make resource allocation
decisions without sufficient information about the impact of
those decisions.
The Committee recognizes the Department of Homeland
Security has worked to define its missions, strategies, goals,
and priorities related to homeland security, but it must make
significant additional progress in these areas, including in
the development of the next Quadrennial Homeland Security
Review (QHSR), Future Years Homeland Security Programs (FYHSP),
and the Department's annual budget requests. In particular, the
Department must more systematically and comprehensively tie
long-term strategies and goals to performance measures
involving programs, assets, capabilities, policies, and
authorities, and must clearly link prioritized goals to
anticipated resources. This type of performance-based budgeting
adds effectiveness and economizing factors to traditional
aspects of budgeting.
The Committee directs the Department of Homeland Security
to include, in future QHSRs, FYHSPs, and annual budget
proposals, clearly defined and prioritized mission goals and
associated, multi-year plans for providing sufficient resources
to realize those goals. Performance measures in future budget
justifications should clearly demonstrate the extent to which
prior year investments in programs, projects and activities can
be tied to progress toward achieving priority goals and include
estimates for how proposed investments will contribute to
additional progress. In particular, performance measures should
measure outcome (results/impact), output (volume) and
efficiency. In order to achieve this endeavor, the Committee
includes a provision that directs the Department, working with
the Government Accountability Office, to provide a
comprehensive report that provides updated performance metrics
that are measurable, repeatable, and directly linked to
requests for funding.
Employee Morale and Workforce Innovation
The Committee is very concerned with recent findings of low
morale and a weak environment for innovation across the
Department. According to two recent independent studies, DHS
ranks among the lowest-rated Federal agencies in both employee
morale and innovative workplaces, with eight offices ranked in
the bottom 12 percent and the Office of the Under Secretary for
Science and Technology ranking 292nd out of 292 agencies in one
set of rankings. To address this issue, not later than 60 days
after the date of enactment of this Act, DHS is directed to
report to the relevant Congressional Committees of jurisdiction
on a corrective action plan to address and improve low employee
morale and the poor climate for workplace innovation. The plan
must examine root causes and establish metrics of success
within the action plans that are clear and measurable.
Leadership Vacancies
The Committee is concerned about the increasing number of
vacancies among political leadership at DHS. Lack of effective
leadership was noted in the Office of Personnel Management's
2012 Federal Employee Viewpoint Survey as a particular weakness
at DHS. As noted above, these surveys also indicate innovation
declining yet again--ranking DHS near the bottom of the Federal
government. Innovation and proactive thinking are often lacking
when a government agency or office is under acting leadership
as career leaders seek to reinforce established business
processes without disruption.
The Committee is specifically concerned about the lack of
appointed leadership at CBP and the OIG. No Senate confirmed
CBP Commissioner has been in place since the beginning of 2009
and the recently appointed Deputy Commissioner is seemingly set
to remain Acting Commissioner for an unknown period of time.
Likewise, no Senate confirmed Inspector General has been in
place since early 2011.
Oversight Consolidations and Streamlining
The Government Performance and Results Modernization Act of
2010 (Public Law 111-352) requires OMB to publish a list of
Congressionally-mandated plans and reports that it considers
outdated or duplicative as part of the fiscal year 2013 budget
submission. Although the Administration failed to meet the
statutorily required deadline, it recently posted the list of
excess reports on the Performance.gov website. Of the reports
and plans identified on this list, the Committee has eliminated
six reports and three have been streamlined or decreased in
frequency. These reports are identified as:
Eliminated:
CBP--Antidumping and Countervailing Duties Report
CBP--Drug Trafficking Organization Spotters
CBP--FY12 Anti Dumping and Countervailing
CBP--Outstanding Antidumping
ICE--Trade Compliance Expenditure Plan
USCG--Sexual Assaults in the Coast Guard (need for this
report was superseded by authorizing committee in 2010)
Streamlined:
ICE--Quarterly Unobligated Balances-merged with
staffing and hiring quarterly
ICE--Staffing and Hiring Monthly-merged with monthly
execution report
TSA--Quarterly Recovery of Deobligated Funds for
Explosive-semiannual
Furthermore, the Committee recommendation includes numerous
consolidations and eliminations of reports and expenditure
plans. Multiple reporting and expenditure plan requirements
have been statutorily required with the annual budget
submission. In addition, expenditure plans have been decreased
as budget justification documents are improved.
Office of the Under Secretary for Management
Appropriation, fiscal year 2013*...................... $218,293,000
Budget request, fiscal year 2014...................... 202,686,000
Recommended in the bill............................... 171,173,000
Bill compared with:
Appropriation, fiscal year 2013................... -47,120,000
Budget request, fiscal year 2014.................. -31,513,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Office of the Under Secretary for Management's (USM)
primary mission is to deliver quality administrative support
services for human resources and personnel; manage facilities,
property, equipment and other material resources; ensure
safety, health and environmental protection; and identify and
track performance measurements relating to the responsibilities
of the Department. This office is also charged with
implementing a mission support structure for DHS administrative
services, while eliminating redundancies and reducing support
costs.
Recommendation
The Committee recommends $171,173,000 for USM, $31,513,000
below the amount requested and $47,120,000 below the amount
provided in fiscal year 2013. Within the amount provided, no
more than $2,250 is for official reception and representation
expenses.
Unless otherwise noted below, the recommendation reflects
reductions in funding needed to offset significant shortfalls
in the President's budget request for DHS due to: (1) assumed
increases in aviation passenger fee collections that have yet
to be authorized and that are not under the jurisdiction of the
Committee on Appropriations; (2) detrimental proposals to
severely reduce the Department's vital operational components
and frontline personnel; and (3) the repeated failure to comply
with statutory requirements. In addition, the reductions
reflect Committee dissatisfaction with inconsistent or
incomplete responses by the Department to the Committee's
repeated requests for factual information. In light of the
Department's chronic delays in submitting statutorily required
reports and plans, the bill withholds 50 percent of the total
amount appropriated by this Act for USM from obligation until
the Committee receives all reports that are required by statute
to be submitted with or in conjunction with the fiscal year
2015 budget request.
The Committee has provided separate funding recommendations
in order to adequately track expenditures for each office, as
detailed in the following table:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Under Secretary for Management.... $2,735,000 $2,305,000
Office of Security................ 66,025,000 55,799,000
Office of the Chief Procurement 66,915,000 56,459,000
Officer..........................
Office of the Chief Human Capital 31,489,000 26,586,000
Officer..........................
Office of the Chief Administrative 35,522,000 30,024,000
Officer..........................
-------------------------------------
Total......................... $202,686,000 $171,173,000
------------------------------------------------------------------------
Immediate Office for the Under Secretary for Management
The Committee recommends $2,305,000 for the Immediate
Office of the Under Secretary for Management, $430,000 below
the amount requested and $792,000 below the amount provided in
fiscal year 2013. The Committee directs this office to resume
its efforts to compel the Department to submit a zero-based
budget within its annual budget justification documents.
Office of the Chief Procurement Officer
The Committee recommends $56,459,000 for the Office of the
Chief Procurement Officer, $10,456,000 below the amount
requested and $15,469,000 below the amount provided in fiscal
year 2013. The Committee continues statutory language in this
section requiring the Comprehensive Acquisition Status Report
and subsequent quarterly updates, and expects the Department
will comply with those requirements in terms of both content
and schedule.
Office of the Chief Administrative Officer
The Committee recommends $30,024,000, for the Office of the
Chief Administrative Officer, $5,498,000 below the amount
requested and $9,697,000 below the amount provided in fiscal
year 2013. Within this total, the Committee includes
$4,020,000, $709,000 below the amount requested and $1,423,000
below the amount provided in fiscal year 2013, for improvements
and maintenance of the Nebraska Avenue Complex and to sustain
current operations at the site. The Committee encourages the
Department to find additional efficiencies in its logistics and
acquisitions operations, including through appropriate staff
training and the sharing of best practices employed by DHS
components, the Department of Defense, other large Federal
agencies, and the private sector. The Committee notes that it
has received no official documentation or rationale for
renaming this office and continues the current title until the
Department submits such justification.
Departmental Headquarters Consolidation
Given the constraints of the current budget environment and
the flawed and poorly justified reductions to the Department's
operational components and frontline personnel within the
President's fiscal year 2014 budget request for DHS, no funding
is included for further development of the headquarters
consolidation project. The budget included a request of
$105,500,000 for this project in FY 2014. The CAO is directed
to update the Committee not later than 30 days after the date
of enactment of this Act on the expenditure plan for this
project, including the $29,000,000 provided in fiscal year
2013, and an updated analysis of alternatives for the project
that fully considers the costs and benefits of its scope within
a fiscal environment that is substantially constrained.
The Committee understands that the Department, through USM,
is actively exploring options to modify or consolidate current
leases, with the expectation that a permanent headquarters
construction site will be significantly delayed or amended. The
Committee encourages the Department to continue this effort and
to inform the Committee of its progress in consolidation not
later than 30 days after the date of enactment of this Act,
including a revised schedule and cost estimates.
NON-DISCRIMINATION AND ANTI-RETALIATION
The Department shall ensure that all contracts and
subcontracts comply with existing law with respect to
discrimination and retaliation against all employees. The
Committee strongly supports compliance with existing laws such
as the Equal Pay Act and the Fair Labor Standards Act.
Discrimination and retaliation of any employee under any
contract or subcontract must always be taken seriously and be
given all due process under the law.
Office of the Chief Financial Officer
Appropriation, fiscal year 2013*...................... $51,449,000
Budget request, fiscal year 2014...................... 48,779,000
Recommended in the bill............................... 41,242,000
Bill compared with:
Appropriation, fiscal year 2013................... -10,207,000
Budget request, fiscal year 2014.................. -7,537,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The primary responsibilities and functions of the Office of
the Chief Financial Officer include budget execution and
oversight; performance analysis and evaluation; oversight of
the Department's financial management system; oversight of the
Department's business and financial management systems across
all agencies and directorates; and oversight of credit card
programs and audit liaisons.
Recommendation
The Committee recommends $41,242,000 for the Office of the
Chief Financial Officer (CFO), $7,537,000 below the amount
requested and $10,207,000 below the amount provided in fiscal
year 2013. As noted above, such reductions are made to offset
the severe flaws of the budget request, including reliance upon
unauthorized fee increases and the proposed disproportionate
reductions to the Department's operational components and
frontline personnel. The recommended reduction is also due to
inconsistent and incomplete responses to the Committee's
requests for factual information. In light of the Department's
chronic delays in submitting statutorily required reports and
plans, the bill withholds 50 percent of the total amount
appropriated by this Act for the CFO from obligation until the
Committee receives all reports that are required by statute to
be submitted with or in conjunction with the fiscal year 2015
budget request.
Financial Systems Modernization
The Committee recognizes the importance of modernizing the
financial systems on which the Department and its components
rely, and supports the efforts led by the CFO to leverage
existing systems and prioritize efforts. The Committee,
therefore, directs the CFO to continue providing at least semi-
annual briefings to the Committee on its modernization efforts
and to highlight any funding, schedule, or implementation
issues that are relevant to continued progress. The CFO is
directed to re-baseline this effort, include the total cost and
schedule details, subdivided by Departmental component, and
provide the information to the Committee not later than 30 days
after the date of enactment of this Act.
Congressional Budget Justifications
The Committee directs the Department to submit all of its
fiscal year 2015 budget justifications on the first Monday in
February, 2014, concurrent with the official submission of the
President's budget to Congress. The detail should reflect the
requirements set forth under this heading in the statement of
managers accompanying Public Law 113-6, with the exception that
the references to prior year funding information should relate
to fiscal years 2013 and 2014.
Consistent with section 874 of Public law 107-296, the
Department shall submit a Future Years Homeland Security
Program budget as part for the fiscal year 2015 budget
justification, reflecting anticipated spending for fiscal years
2015-2019. It shall be in unclassified form so as to be
accessible to the public.
The Committee also directs that the Department ensure, for
all appropriations requested in fiscal year 2015, and for which
a proposal is made to increase or decrease funding for an
activity within a PPA category, that it informs the Committee
of the base funding level for such activity--and not simply the
total PPA funding.
Unrealistic Budgeting Practices and Assumptions
As in prior years, the President's budget once again
assumes that new revenue will be realized in the coming fiscal
year. In this case, the budget request was built upon
assumptions that $322,500,000 in new aviation security fee
revenue will be realized in fiscal year 2014, of which
$200,000,000 would go to general deficit reduction and with the
expectation that such collections would generate more than $25
billion in new revenue in the next decade. However, as in the
past, the proposal depends on enactment of new legislative
authority that is outside the jurisdiction of the Committee.
The direct impact on the Department's budget in fiscal year
2013, as estimated by the Congressional Budget Office, was a
shortfall of $122,500,000. As this Committee has underscored
repeatedly over the past several Congresses, such an approach
to budgeting is unrealistic and requires this Committee to take
drastic measures to offset the unnecessary gap. The Committee
reiterates its message and rejects such budgetary legerdemain.
The consequences, in terms of additional reductions to
Department requests, are evident throughout this bill.
If and when such proposals are enacted into law, the
Committee will take them into account as it drafts legislation,
and the Department should keep the Committee informed of any
progress in this regard. However, until such action occurs,
these unauthorized proposals will not be treated as relevant to
the Committee's appropriations work. The Committee also takes
this approach to the Department's request to increase CBP's
fees to pay for additional staffing, since the proposal is also
not under the jurisdiction of the Committee on Appropriations.
Monthly Reporting Requirements
The Committee continues bill language requiring monthly
budget and staffing reports within 45 days after the close of
each month.
International Rotations
The Committee is concerned by OIA's promotion of
international rotations of DHS personnel through secondment
positions in foreign countries due to the significant cost,
particularly for cases in which an entire family moves along
with the seconded DHS employee, and the lack of commensurate
benefit. The Committee expects the costs of all such positions
across DHS to be fully reviewed by the CFO and denies the use
of funding for any further secondment positions in fiscal year
2014.
Working Capital Fund
The Committee recommends no more than $772,661,000 for the
Department's Working Capital Fund (WCF), $250,000,000 below the
amount requested and $178,866,000 above the estimated current
services level for fiscal year 2013. The Committee is extremely
concerned with the massive increase requested for the
Department's WCF and adjusts the cash balance and rates
downward by a total of $250,000,000. The Committee believes a
nearly 72.2 percent increase from current services levels to
the amount requested for fiscal year 2014 is insufficiently
justified and excessive. The Committee notes that the
Congressional Justification for the WCF did not include a
detailed business case analysis for the proposed increase to
the WCF, including the proposed staffing increase of 152 FTE
above the current services level. Furthermore, the Committee is
very concerned with the combined impacts of such substantial
increases in WCF rates, increased out-year cost of new
personnel, and the Administration's mandated efficiencies upon
the Department's operational components.
The Committee, as in prior years, directs the Department to
include a separate justification for the WCF in the fiscal year
2015 budget request. This should include a description of each
activity funded by the WCF; the basis (including a business
case analysis) for the pricing; the number of full-time Federal
employees funded in each activity; a list of each departmental
organization that is allocating funds to the activity; and the
funding each organization is providing in fiscal years 2013 and
2014, and what is estimated to be provided in 2015. If a
project contained in the WCF is a multi-year activity with a
defined cost, scope, and schedule, estimated costs and schedule
shall be clearly delineated. The Department is directed to
improve the justification for the WCF in the fiscal year 2015
budget request and directs the Department to brief the
Committees not later than 15 days after the date of enactment
of this Act on the details of the business case justification
for the substantial increase in WCF rates, including the
staffing increases being supported via the WCF, along with the
managerial needs of the WCF.
The Committee expects all initiatives funded by multiple
DHS organizations to be included in the WCF. The Committee does
not support taxing departmental organizations for cross-cutting
initiatives outside the WCF. As such, the justification should
identify any cross-cutting initiatives or activities that
benefit more than one organization that are not included in the
WCF and should explain the omission.
The Committee directs the Department to notify it promptly
of any additions, deletions, or changes made to the WCF plan
during the fiscal year. Furthermore, the Department should not
fund any activities through the WCF that the House or Senate
Committees on Appropriations have disapproved either in report
language or in their responses to reprogramming requests.
Office of the Chief Information Officer
Appropriation, fiscal year 2013*...................... $243,488,000
Budget request, fiscal year 2014...................... 327,254,000
Recommended in the bill............................... 210,735,000
Bill compared with:
Appropriation, fiscal year 2013................... -32,753,000
Budget request, fiscal year 2014.................. -116,519,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Chief Information Office (CIO) has oversight of
information technology (IT) projects in the Department. The CIO
reviews and approves all DHS IT acquisitions estimated to cost
over $2,500,000 and also approves the hiring and oversees the
performance of all DHS component CIOs.
Recommendation
The Committee recommends $210,735,000 for the Office of the
CIO, $116,519,000 below the amount requested and $32,753,000
below the amount provided in fiscal year 2013. However, the
amount reported in the table, above, for the CIO in fiscal year
2013 does not reflect $54,945,000 that was provided to the CIO
for data center migration through a general provision, while
the budget request does include a proposal for such funds.
Unless otherwise noted, the recommendation reflects
reductions in funding needed to offset significant shortfalls
in the President's budget request for DHS due to: (1) assumed,
but unauthorized increases in aviation passenger fee
collections that are not under the jurisdiction of the
Committee on Appropriations; and (2) a severely flawed budget
request that includes disproportionate reductions in vital
operational components and frontline personnel.
In addition, funding reductions are the result of the
Department's continuing failure to comply with certain
statutory requirements, and due to the complete inadequacy of
the CIO budget justification for fiscal year 2014. The
Committee expects inclusion of cost and schedule details on all
projects and, most especially, on large multi-agency projects
such as data center migration and the proposed upgrades to the
Homeland Secure Data Network. The fiscal year 2014
justification documents for both of these multi-agency projects
included no such details or clear subdivisions by DHS
component.
The bill continues a requirement for a multi-year
investment plan for the Department's information technology
funding within a separate general provision.
A comparison of the budget request to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Salaries and Expenses............. $117,347,000 $99,397,000
Information Technology Activities. 32,712,000 25,612,000
Infrastructure and Security 100,063,000 45,863,000
Activities.......................
Homeland Secure Data Network...... 77,132,000 39,863,000
-------------------------------------
Total, Chief Information $327,254,000 $210,735,000
Officer......................
------------------------------------------------------------------------
Infrastructure and Security Activities
The CIO's office is directed to update the Committees--in
coordination with other Departmental components as necessary--
not later than 60 days after the date of enactment of this Act
on Department-wide efforts to combat ``insider threats'' in the
cyber domain, including, but not limited to an overview of: (1)
the extent of the Department's ability to monitor the
unauthorized removal of sensitive unclassified and classified
material from DHS information systems; (2) any new restrictions
on access to DHS information systems and databases, both
internally and for external stakeholders; (3) any recent
restrictions placed on DHS users by external, interagency
stakeholders on access to certain databases and an assessment
of the operational impact of such restrictions; and (4) plans
to improve the DHS information security architecture and
policies to preclude breaches from happening at DHS.
Data Center Migration
The Committee recommends $34,200,000 for the migration of
component resources to the Department's two consolidated data
centers, $20,000,000 below the amount requested and $20,745,000
below the amount provided in fiscal year 2013. Funding for this
activity is provided in Title V of this bill. While the
Committee supports such migration as necessary to reduce IT
costs, risk, and to rationalize the operations of the
Department, the funding for this project has been reduced due
to the need to offset significant shortfalls in the President's
budget request for DHS due to: (1) assumed, but authorized
increases in aviation passenger fee collections that are not
under the jurisdiction of the Committee on Appropriations; (2)
a severely flawed budget request that includes disproportionate
reductions in vital operational components and frontline
personnel; and (3) failure to comply with statutory
requirements. Furthermore, as noted previously, the budget
justification did not include sufficient detail on this
project. Therefore, the Committee directs the Department to
provide not later than 15 days after the date of enactment of
this Act a detailed spend plan for this project in fiscal year
2014; to continue to brief the Committees quarterly on the
status, cost, and schedule of its data center migration
efforts; and to include all relevant details associated with
future funding for this activity in the relevant annual budget
justification documents submitted to the Committee.
Analysis and Operations
Appropriation, fiscal year 2013*...................... $321,958,000
Budget request, fiscal year 2014...................... 309,228,000
Recommended in the bill............................... 291,623,000
Bill compared with:
Appropriation, fiscal year 2013................... -30,335,000
Budget request, fiscal year 2014.................. -17,605,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
Analysis and Operations houses the Office of Intelligence
and Analysis and the Directorate of Operations Coordination,
which together collect, evaluate, and disseminate intelligence
information, as well as provide incident management and
operational coordination.
Recommendation
The Committee recommends $291,623,000 for Analysis and
Operations, $17,605,000 below the amount requested and
$30,335,000 below the amount provided in fiscal year 2013. The
Committee reduces funding for the Office of Operations
Coordination and Planning due to a need to offset severe flaws
within the Department's budget request and due to an inadequate
justification. The Committee also denies the requested decrease
to Cybersecurity analysis and Counter-intelligence and restores
funding for these functions. Additional direction on funding
for this appropriation is included within the classified annex
accompanying this report.
Classified Programs
Recommended adjustments to classified programs and more
detailed oversight of funding for the Office of Intelligence
and Analysis are addressed in the classified annex accompanying
this report.
Office of Inspector General
Appropriation, fiscal year 2013*\1\................... $145,019,000
Budget request, fiscal year 2014\1\................... 143,309,000
Recommended in the bill\2\............................ 137,903,000
Bill compared with:
Appropriation, fiscal year 2013................... -7,140,000
Budget request, fiscal year 2014.................. -5,406,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
\1\All funding levels include a transfer of $24,000,000 from the FEMA
Disaster Relief Fund for oversight, audits, and investigations
directly related to funding for disaster relief efforts.
Mission
The Homeland Security Act of 2002 established an Office of
Inspector General (OIG) in DHS by amendment to the Inspector
General Act of 1978. This office was established to provide an
objective and independent organization that would be effective
in: (1) preventing and detecting fraud, waste, and abuse in
departmental programs and operations; (2) providing a means for
keeping the Secretary and the Congress fully and currently
informed of problems and deficiencies in the administration of
programs and operations; (3) fulfilling statutory
responsibilities for the annual audit of the Department's
financial statements; (4) ensuring the security of DHS
information technology pursuant to the Federal Information
Security Management Act; and (5) reviewing and making
recommendations regarding existing and proposed legislation and
regulations to the Department's programs and operational
components. According to the authorizing legislation, the
Inspector General is to report dually to the Secretary of
Homeland Security and to the Congress.
Recommendation
The Committee recommends a total $137,903,000 for OIG,
$5,406,000 below the amount requested and $7,140,000 below the
amount provided in fiscal year 2013. The Committee continues
the practice in fiscal year 2014 of transferring $24,000,000
from the Disaster Relief Fund (DRF) to OIG for disaster-related
audits and investigations. The total funding level provided
maintains OIG at a current services level. Reductions are due
to the budget request's severe shortfalls in vital operational
components and funding to support frontline personnel. For
fiscal year 2015 and thereafter, OIG shall submit a detailed
expenditure plan within its annual budget justification
documents. This spend plan shall include all DRF transfers
(which shall satisfy the requirements for notification of DRF
transfers under section 503 of this Act).
The Committee remains concerned about the quality of OIG
communications with the Committee regarding border corruption
investigations, particularly related to the coordination of
these investigations with ICE and CBP. The Committee directs
OIG to submit an expenditure plan of integrity oversight funds
in coordination with CBP and ICE, which shall be submitted
along with its annual expenditure plan.
Management and Efficiency Oversight
The Committee strongly supports efforts by OIG to identify
and correct instances of fraud and waste affecting Departmental
activities, and therefore directs OIG to provide a semiannual
briefing to the Committees on Appropriations regarding such
efforts, with particular focus on procurement, grant
administration, and travel.
Conferences and Special Events
As noted above in the OSEM section of this report, the
Committee continues the requirement for OIG to report to the
Committees not later than 30 days after the end of fiscal year
2014 on DHS spending on conferences, ceremonies, and similar
events, based on quarterly reporting to OIG. The report shall
substantiate DHS compliance with all applicable laws and
regulations and describe in detail the total costs to the
Government associated with events. It shall include the number
of conferences held, the amount of funds obligated, and
expenses by appropriation or other source of funding, including
budget accounts and subaccounts used to pay for events.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $8,285,056,000
Budget request, fiscal year 2014...................... 9,237,088,000
Recommended in the bill............................... 8,275,983,000
Bill compared with:
Appropriation, fiscal year 2013................... -9,073,000
Budget request, fiscal year 2014.................. -961,105,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The mission of U.S. Customs and Border Protection (CBP) is
to protect the borders of the United States by preventing,
preempting and deterring threats against the homeland through
ports of entry (POE) and by interdicting illegal crossings
between POE. CBP's mission integrates homeland security, safety
and border management to ensure goods and persons cross U.S.
borders in accordance with applicable laws and regulations, and
pose no threat to the country. The priority of CBP is to
prevent terrorists and their weapons from entering the United
States, and to support related homeland security missions
affecting border and airspace security. CBP is also responsible
for apprehending individuals attempting to enter the U.S.
illegally, stemming the flow of illegal drugs and other
contraband, including weapons and bulk cash into and out of the
country, protecting U.S. agricultural and economic interests
from harmful pests and diseases, protecting American businesses
from theft of their intellectual property, regulating and
facilitating international trade, collecting import duties and
enforcing U.S. trade laws. CBP maintains a workforce of more
than 60,000, including CBP officers, Air Interdiction agents,
Marine Interdiction agents, canine enforcement officers, Border
Patrol agents, Agriculture Specialists, trade specialists,
intelligence analysts and mission support staff.
Recommendation
The Committee recommends $8,275,983,000 for Salaries and
Expenses, $961,105,000 below the amount requested and
$9,073,000 below the amount provided in fiscal year 2013. After
accounting for transfers and realignments of PPAs the
recommendation is $35,039,000 above the request. The
recommendation promotes strong border security, expands efforts
to facilitate trade and travel, underscores the importance of
CBP's targeting capabilities and encompasses appropriate
oversight and direction. Resources sufficient to maintain no
less than 21,775 CBP officers are included. Additional
resources are targeted to priority frontline operations such
as:
(1) $105,000,000 to phase-in 1,600 new CBP officers;
(2) $60,000,000 to restore mission support cuts;
(3) $10,000,000 to support Field Operations
transformation initiatives and to restore partial funds
for Land Border Integration efforts and the Port
Runner/Absconder Mitigation program;
(4) $11,000,000 to make further enhancements to the
Automated Targeting System for continuous data quality
improvement and enrichment initiatives;
(5) $3,500,000 to increase readiness of Air and
Marine operations;
(6) $2,000,000 to improve international cargo
security and facilitate trade by mitigating the cuts to
the Customs-Trade Partnership Against Terrorism (C-
TPAT) program; and
(7) $1,000,000 to sustain southern Border Patrol
stations proposed for deactivation.
Consistent with Public Law 113-6, the Committee's
recommendation realigns funds from the Salaries and Expenses
account to other mission-specific accounts as follows:
(1) $241,000,000 from US-VISIT to accounts in CBP,
ICE and the Office of Biometric Identity Management
(OBIM);
(2) $367,860,000 for the Office of Information
Technology (OIT) to the Automation Modernization
account; and
(3) $287,000,000 for Air and Marine Salaries and
Expenses to the Air and Marine Operations account.
A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Headquarters, Management, and
Administration:
Border Security Inspections $620,656,000 - - -
and Trade Facilitation.......
Border Security and Control 592,330,000 - - -
between Ports of Entry.......
Commissioner.................. - - - $25,288,000
Chief Counsel................. - - - 45,022,000
Congressional Affairs......... - - - 2,482,000
Internal Affairs.............. - - - 162,568,000
Public Affairs................ - - - 12,920,000
Training and Development...... - - - 76,512,000
Technology, Innovation and - - - 22,972,000
Acquisition..................
Intelligence/Investigative - - - 61,105,000
Liaison......................
Administration................ - - - 293,091,000
Rent.......................... 407,898,000 407,898,000
-------------------------------------
Subtotal, Headquarters 1,620,884,000 1,109,858,000
Management and
Administration...........
Border Security Inspections and
Trade Facilitation:
Inspections, Trade, and Travel 2,837,294,000 2,887,718,000
Facilitation at Ports of
Entry........................
Harbor Maintenance Fee 3,274,000 3,274,000
Collection (Trust Fund)......
International Cargo Screening. 72,260,000 71,961,000
Other international programs.. 24,740,000 24,596,000
Customs-Trade Partnership 40,183,000 41,960,000
Against Terrorism............
Trusted Traveler Programs..... 6,311,000 6,311,000
Inspection and Detection 112,526,000 112,504,000
Technology Investments.......
Automated Targeting Systems... 109,944,000 132,932,000
National Targeting Center..... 65,474,000 65,106,000
Training...................... 47,651,000 40,703,000
-------------------------------------
Subtotal, Border Security 3,319,657,000 3,387,065,000
Inspections and Trade
Facilitation.............
Border Security and Control
between Ports of Entry:
Border Security and Control... 3,700,317,000 3,723,502,000
Training...................... 55,928,000 55,558,000
-------------------------------------
Subtotal, Border Security 3,756,245,000 3,779,060,000
and Control between POEs.
Air and Marine Operations......... 286,769,000 - - -
US-VISIT.......................... 253,533,000 - - -
-------------------------------------
Total................. $9,237,088,000 $8,275,983,000
------------------------------------------------------------------------
Headquarters, Management and Administration
The Committee recommends $1,109,858,000 for Headquarters,
Management and Administration, $511,026,000 below the amount
requested and $269,918,000 below the amount provided in fiscal
year 2013. The distribution of funds in the table above
incorporates by reference the structure of the Headquarters
Management and Administration PPAs included in House Report
112-492, which CBP is directed to follow. The essential
continuity functions performed by the former Joint Operations
Division will now be functions within the Office of the
Commissioner. The recommendation fully accounts for the WCF
contributions. The Committee realizes that this recommendation
will be adjusted pursuant to the implementation of Section 504
of the Act.
Increasing Transparency of User Fee Collections
Regrettably, the Committee lacks confidence in CBP's
ability to forecast, collect and manage user fees, a failure
which reflects poor financial management and a paucity of
fiscal control. Consequently, CBP is directed to report to the
Committee biannually on collections, anticipated carryover
balances and all uses and activities for which fees are
expended, including any duplication of activities for which
discretionary funds are appropriated.
The Committee recognizes the President's request included a
permanent indefinite appropriation of $8,533,000 for the Small
Airport User Fee. The Congressional Budget Office (CBO),
however, scored the fee at $5,000,000, the amount of which is
reflected in the Committee's recommendation.
Hiring and Staffing Reports
The Committee directs CBP to continue submitting monthly
staffing and hiring reports in the format used in prior fiscal
years.
Efforts to Counter Abuse of Prescription Drugs
The Committee supports strongly CBP's efforts to combat
prescription drug smuggling and abuse. CBP and ICE are directed
to update the Committee on their activities, resources and
challenges, including relevant information regarding the
illicit transnational smuggling of generic oxycodone along the
U.S.-Canada border. The report shall be submitted no later than
February 15, 2014.
Northern Border Initiatives
The Committee supports bilateral discussions between the
United States and Canada that resulted in the Beyond the Border
Action Plan, which articulated a shared approach to security
and economic competitiveness. CBP is directed to provide a
briefing to the Committee not later than December 1, 2013, on
the status of implementing this plan, and include information
on how electronic systems are being harmonized to enhance and
expedite trade compliance between the United States and Canada.
Preventing Human Trafficking
The Committee endorses wholeheartedly CBP's vigorous
efforts to prevent and disrupt human trafficking by developing
public awareness programs. Within funds recommended, $5,000,000
is for the Blue Lightning Initiative, which trains U.S.
commercial airlines on how to identify potential human
trafficking victims and provides them with the tools to quickly
notify Federal authorities.
Likewise, CBP should continue to ensure that unaccompanied
children are adequately protected by appropriate officials
while traveling, and properly screened for sexual assault,
trafficking, exploitation or other mistreatment. Local child
welfare organizations are uniquely qualified to provide
training to recognize the signs of mistreatment; therefore, the
Committee urges the Commissioner to utilize the skills and
expertise of these organizations to ensure CBP personnel are
properly trained and vigilant on behalf of the Nation's young
traveling public.
Ethics Training
CBP should continue its efforts to ensure that its ethics
programs include training at all stages in an agent or
officer's career. GAO-13-59 included several recommendations to
mitigate the risk of employee corruption and misconduct. The
Committee directs CBP to provide a briefing on the status of
efforts to implement those recommendations, and any other
measures under consideration, not later than 120 days after the
date of enactment of this Act.
GUAM-COMMONWEALTH OF THE NORHERN MARIANA ISLANDS (CNMI) VISA WAIVER
PROGRAM
The Committee is aware of ongoing discussions at DHS
regarding the Guam-CNMI visa waiver program, and is concerned
that DHS has made inadequate progress toward finalizing these
deliberations. The Committee urges DHS to finalize decisions
and pending rulemakings relating to the Guam-CNMI visa waiver
program, to include appropriate security protocols, as
necessary.
Border Security Inspections and Trade Facilitation
Border Security Inspections and Trade Facilitation is
funded at $3,387,065,000, $67,408,000 above the amount
requested and $183,814,000 above the amount provided in fiscal
year 2013. Of this amount:
$2,887,718,000 is for Inspections, Trade and
Travel Facilitation at Ports of Entry, a $50,424,000
increase above the amount requested and $171,783,000
above the amount provided in fiscal year 2013. The
recommendation includes $10,000,000 to restore Field
Operations' business transformation initiatives,
including those being undertaken through the Land
Border Integration effort and the Port Runner/Absconder
Mitigation program. Also included is $12,284,000 from
US-VISIT to the Inspections, Trade, and Travel
Facilitation at POEs PPA to ensure transition of US-
VISIT program management and planning efforts
associated with entry-exit policy and operations to the
Office of Field Operations;
$3,274,000 is for the Harbor Maintenance Fee
Collection (Trust Fund) as requested, $3,000 above the
amount provided in fiscal year 2013;
$71,961,000 is for International Cargo
Screening, $299,000 below the amount requested and
$545,000 above the amount provided in fiscal year 2013.
The recommendation includes $13,032,000 to re-baseline
the Container Security Initiative. As requested, the
Committee recommends transferring funds to the Other
International Programs PPA from International Cargo
Screening;
$24,596,000 is for Other International
Programs, $144,000 below the amount requested and
$178,000 below the amount provided in fiscal year 2013.
As requested, the Committee's recommendation includes
transferring these funds to the Other International
Programs PPA from International Cargo Screening;
$41,960,000 is for Customs-Trade Partnership
Against Terrorism (C-TPAT), $1,777,000 above the amount
requested and $1,066,000 below the amount provided in
fiscal year 2013. The recommendation includes
$2,000,000 to mitigate reductions to the C-TPAT
program, to bolster international cargo security
partnerships and to facilitate trade;
$6,311,000 is for Trusted Traveler Programs
as requested, $4,489,000 below the amount provided in
fiscal year 2013;
$112,504,000 is for Inspection and Detection
Technology Investments, $22,000 below the amount
requested and $4,943,000 below the amount provided in
fiscal year 2013. The Committee continues to require
the multi-year investment and management plan required
by law for investments and operations of radiation
detection equipment and non-intrusive inspection
systems to be submitted with the fiscal year 2015
budget request. As the request does not reflect a plan
to address replacement of assets approaching the end of
their lifecycles, the Committee is concerned about
CBP's long-term planning to responsibly replace and
upgrade aging equipment. The Committee directs CBP and
the Domestic Nuclear Detection Office to brief on its
long-term planning efforts;
$132,932,000 is for Automated Targeting
Systems (ATS), $22,988,000 above the amount requested
and $19,220,000 above the amount provided in fiscal
year 2013. The Committee's recommendation includes a
$23,000,000 increase above the amount requested for
targeting enhancements to ATS, one of our Nation's most
effective tools to counter terrorist travel and
identify risky, illicit activity in the global trade
and travel systems. Specifically, these additional
funds will enable CBP to build an even more effective
search engine tool across ATS subsystems and modules,
as well as other capabilities, to facilitate CBP's
daily operations as well as its response capabilities
associated with real-time incidents and intelligence.
The Committee directs CBP to provide quarterly briefs
to the Committee on progress to implement enhancements
and resulting operational successes. The Committee
notes that this recommendation increases funds for
CBP's targeting programs for the third fiscal year in a
row, reflecting the Committee's belief in such programs
as invaluable to our Nation's security and trade
efforts;
$65,106,000 is provided for the National
Targeting Center (NTC), $368,000 below the amount
requested and $2,953,000 below the amount provided in
fiscal year 2013; and
$40,703,000 is for Training, $6,948,000
below the amount requested and $5,892,000 above fiscal
year 2013, due to the lag in hiring and training of the
new CBPOs requested.
Student Visa Holders and Verifying Status upon Entry
ICE has made slow progress improving the Student and
Exchange Visitor Information System (SEVIS), including
eliminating vulnerabilities identified by an interagency review
and the GAO. Sadly, it is clear that prior to the Boston
attack, one of those vulnerabilities was exploited. CBP has
addressed that weakness in the days since the attack, but the
Committee is concerned that CBP's labor-intensive solution is
not sustainable. CBP and ICE must work expeditiously to address
the weaknesses in SEVIS and develop an automated solution that
reduces the potential for human error. For that reason, the
Committee directs CBP and ICE to brief on its plan to mitigate
known vulnerabilities associated with SEVIS, including the cost
and schedule for implementing the plan. Further, the briefing
shall include the cost and schedule for implementing the
automated solution to ensure that officers at POEs have the
most updated, accurate information available on student visa
holders and their status. The briefing shall take place no
later than June 15, 2013.
Increasing CBP Officer Workforce
Prompt and efficient processing of arriving passengers at
U.S. POEs is a key performance metric of CBP. To assess CBP's
operational effectiveness, the Committee renews its directive
to conduct quarterly briefings on the number of passengers
whose entry exceeds 60 minutes. Moreover, CBP is directed to
include the information on its website.
The budget request proposes $210,100,000 to hire 1,600 new
Border Patrol Officers (CBPOs), 70 canine teams and 245
operational and mission support personnel to facilitate the
flow of legitimate travelers and cargo into the United States.
Despite supporting this request, the Committee is concerned
with the findings of an internal audit that reveal systemic
failures within CBP's budget formulation for salaries and
benefits of its operational workforce. Therefore, the Committee
is concerned that such a rapid and substantial increase in
staffing in fiscal year 2014 could further exacerbate a long-
standing problem. Furthermore, the Committee recognizes that
conducting background checks and training so many new officers
will take a considerable amount of time. Accordingly, the
Committee recommends $105,000,000 to allow for a more
methodical phase-in of the additional personnel requested to be
supported through an increase in appropriated funds.
Similarly, the request proposes to hire 1,877 additional
CBP officers with revenues generated by unauthorized user fees.
Again, though sympathetic to this request for increased
operational capacity, offsetting the costs from user fees is
outside the Committee's jurisdiction. The Commissioner is
encouraged to seek authority for this effort from the
appropriate congressional committees.
Ports of Entry Operations--Manpower and Innovation
Innovation and process reengineering at POEs can be
effective methods to reduce administrative overhead, which
enables officers to focus on core operational activities. To
facilitate this goal, the Committee recommends that CBP
continue to: (1) fully implement the Land Border Initiative and
new automated pedestrian processing procedures; (2) expand and
improve ATS targeting capabilities; (3) expand the use of the
workload alignment tool at more airports; (4) explore public-
private partnerships to facilitate trade and travel; and (5)
better integrate and standardize trusted traveler programs like
the Global Entry and Free and Secure Trade (FAST) programs.
Wait Times
CBP continues to face challenges managing processing times
at our Nation's POEs. The Committee directs CBP to continue the
quarterly briefings to the Committee on the number of passenger
arrivals at air and sea POEs where immigration and customs
processing time exceeds 60 minutes and actions CBP is taking to
reduce these delays. The Committee also directs CBP to continue
including current wait time information for air, land and sea
POEs on its website. The Committee encourages CBP to continue
working with appropriate stakeholders at each POE to provide
wait time data and reductions in average processing times.
Reimbursable Agreements Pilot
Section 560 of Public Law 113-6 authorized CBP to enter
into no more than five pilots to study voluntary reimbursable
agreements. Until the results of those pilots are received and
analyzed, no additional reimbursable agreements are allowed.
The Committee expects the pilots to be implemented in fiscal
year 2013 and directs CBP to provide regular briefings on any
agreements in place, to include best practices, lessons
learned, tangible security and trade benefits to the Nation,
and anticipated and actual funds collected.
Cargo Security Strategy and Inspecting High Risk Cargo Overseas
In May 2012, the Secretary notified Congress that she would
extend by two years the deadline for complying with the 9/11
Act requirement to scan 100 percent of containers bound for the
United States prior to loading them on a vessel in a foreign
port. The Committee notes, however, that no funds are requested
for fiscal year 2014 that are directly related to the future
implementation of that requirement. According to the
Department, the implementation costs are substantial; with
equipment costs alone estimated at $16,800,000,000 for the
2,100 shipping lanes at the more than 700 ports that ship to
the United States. Last year, the Secretary testified that she
believes implementation of the 100 percent scanning mandate is
not feasible.
Based on the Secretary's statements that the requirement in
current law is cost-prohibitive, the Committee continues to
believe it is incumbent upon the Department to propose a
meaningful alternative to 100 percent scanning that goes beyond
and is more detailed than the broad goals of the National
Strategy for Global Supply Chain Security submitted by the
Administration in January 2012. The Committee directs the
Department to submit an alternative strategy for consideration
by Congress no later than January 1, 2014. CBP shall provide an
updated briefing on the status of implementing the current
scanning requirement or developing an alternative strategy not
later than 30 days after the date of enactment of this Act.
Trade Enforcement
CBP trade enforcement and facilitation efforts are
critically important to domestic and foreign producers,
exporters, importers and retailers. The Committee recognizes
that CBP has stepped up efforts to identify and investigate
commercial fraud against U.S. economic and health and safety
interests. The Committee directs CBP to provide a report to the
Committee regarding the resources dedicated to cargo
inspections and the number of cases of commercial fraud
identified by CBP historically, 2010-2013, not later than
November 15, 2013.
Consistent with past guidance, the Committee directs CBP to
submit a report not later than February 1, 2014, on the extent
and frequency of customs fraud, including circumvention of
duties and misclassification on entries of imports of goods
from China.
Textile Transshipment Enforcement
The Committee includes $4,750,000, to continue textile
transshipment enforcement. The Committee directs CBP to ensure
that the activities of the Textile and Apparel Policies and
Programs Office, specifically seizures, detention, and special
operations, are maintained at least at the level of those
activities in prior years. The Committee directs CBP to update
annually and submit a report with the budget request on the
execution of its five-year strategic plan, consistent with
prior year requirements.
Preclearance Operations
A new statutory provision is included limiting the
expenditure of funds for preclearance operations in new
locations. This limitation is applicable until the following
conditions are met:
(1) The foreign policy and national security policy
rationales have been provided to the Committee;
(2) A fully-burdened cost analysis has been conducted
and provided to the Committee, including planned
sources of funds; and
(3) An economic impact analysis of the new location
on U.S. airline carriers has been conducted and
provided to the Committee.
CBP Officer Training Programs
Recent terror incidents highlight the need for a vigilant
and prepared workforce at the border. Since 2007, GAO has
reported vulnerabilities and inefficiencies in delivering
required training to CBP officers and has made numerous
recommendations for improving the training curricula and
strategy. Despite guidance in Public Law 113-6 directing CBP to
brief the Committee on its action plan to implement
recommendations from a December 2011 GAO report entitled,
``Border Security: Additional Steps Needed to Ensure That
Officers Are Fully Trained'' (GAO-12-269), the Committee
remains uninformed on CBP's efforts to revise its training
strategy. The Committee expects this briefing not later than
June 30, 2013.
Border Security and Control Between Ports of Entry
The Committee recommends $3,779,060,000 for Border Security
and Control between Ports of Entry, $22,815,000 above the
amount requested and $77,031,000 above the amount provided in
fiscal year 2013. This funding level supports a Border Patrol
agent force of 21,370. Of the total amount, $3,723,502,000 is
for Border Security and Control, $23,185,000 below the amount
requested and $95,338,000 above the amount provided in fiscal
year 2013. This recommendation includes $1,000,000 to restore
cuts to inland Border Patrol Stations in states located along
the Southern border of the United States. Funds are not
provided to support detainee medical care and $55,558,000 is
for training, $370,000 below the amount requested and
$18,307,000 below the amount provided in fiscal year 2013.
Detention Statistics
The Committee directs the Department to continue issuing
statistics on the number of individuals held in custody by CBP,
including all Border Patrol stations, checkpoints and short-
term custody facilities (defined as facilities used to hold
individuals for 72 hours or less). These statistics shall
consist of all the facilities used for short-term custody, the
country of origin of those in CBP custody, age, sex, death,
detention duration and the circumstances of their release.
The Committee directs the Department to publish these
statistics in its annual statistical yearbook. Additionally,
the Committee directs CBP to report to the Committee not later
than 60 days after the date of enactment of this Act on the
standards governing the conditions of custody and what
oversight mechanisms CBP employs to monitor short-term
detention conditions and lengths of detention. The Committee
also directs CBP to work with ICE to establish efficient
procedures for processing and transferring individuals from
short-term detention to ICE detention.
Border Patrol Staffing Plan
Pursuant to House Report 112-91 and the Joint Explanatory
Statement accompanying Public Law 112-74, CBP was directed to
submit a five-year staffing and deployment plan for the Border
Patrol. The report failed to address any goals for border
security that would shape staffing and resource deployment or
note any factors that affect deployment. By December 1, 2013,
CBP is directed to provide to the Committee a more complete
five-year staffing and deployment plan that justifies the
funded staffing level in detail, including the tasks performed
by agents; outlines the factors related to deployment by
sector; and provides criteria and options for redistributing
resources to address existing and emerging threats.
AUTOMATION MODERNIZATION
Appropriation, fiscal year 2013*...................... $719,146,000
Budget request, fiscal year 2014...................... 340,105,000
Recommended in the bill............................... 707,897,000
Bill compared with:
Appropriation, fiscal year 2013**................. -11,249,000
Budget request, fiscal year 2014**................ +367,792,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
**Reflects transfer of +$368M from Salaries and Expenses.
Mission
Automation Modernization is comprised of funds necessary to
support the Office of Information Technology (OIT), and to
modernize, sustain and develop those information technology
(IT) systems critical to CBP's goals and objectives.
Recommendation
The Committee recommends $707,897,000 for Automation
Modernization, $367,792,000 above the amount requested and
$11,249,000 below the amount provided in fiscal year 2013. The
increase is the result of transferring funds from the Salaries
and Expenses account to consolidate IT activities to ensure
transparent financial management and fiscal control.
IT capability is essential to mission success; however,
little visibility has been provided into how this investment is
managed. IT costs and requirements must be transparent in order
for the Committee to adequately assess the requests. Therefore,
statutory language is included requiring CBP to submit a multi-
year investment and management for fiscal years 2014-2018.
The Committee recognizes that CBP is undertaking efforts
this year to improve and enrich data quality in order to
enhance targeting capabilities, and encourages the Commissioner
to make progress on this initiative.
A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Information Technology............ - - - $367,860,000
Automated Commercial Environment $140,830,000 140,762,000
(ACE)/International Trade Data
System (ITDS)....................
Current Operations Protection and 199,275,000 199,275,000
Processing Support (COPPS).......
-------------------------------------
Total......................... $340,105,000 $707,897,000
------------------------------------------------------------------------
Automated Commercial Environment/International Trade Data Systems (ACE/
ITDS)
The Committee recommends $140,762,000 for ACE/ITDS, $68,000
below the amount requested and $2,107,000 above the amount
provided in fiscal year 2013. According to CBP officials, the
ACE/ITDS is scheduled to increase its operational capability
this year and will achieve full functionality by early 2016.
The Committee will monitor closely the program's progress and
directs CBP to continue quarterly briefings.
Current Operations Protection and Processing Support (COPPS)
The Committee recommends $199,275,000 as requested,
$12,730,000 above the amount provided in fiscal year 2013 for
COPPS. An assessment in October 2012 revealed TECS
modernization required significantly more work than could
reasonably be accomplished on its original schedule. As a
consequence, the requirements of the program were evaluated,
re-baselined and revised in a way that should result in
expected functionality while lowering the total costs of
ownership. Though the Committee is cautiously optimistic that
the program is on track, the Commissioner and ICE are directed
to provide an update on progress made by not later than October
1, 2013.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
Appropriation, fiscal year 2013*...................... $323,775,000
Budget request, fiscal year 2014...................... 351,454,000
Recommended in the bill............................... 351,454,000
Bill compared with:
Appropriation, fiscal year 2013................... +27,679,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Border Security Fencing, Infrastructure, and Technology
(BSFIT) account funds the technology and tactical
infrastructure solutions to achieve effective control of the
U.S. border.
Recommendation
The Committee recommends $351,454,000 for BSFIT as
requested, $27,679,000 above the amount provided in fiscal year
2013. With this recommendation, the Committee continues its
strong support of border security infrastructure and technology
deployment to meet Border Patrol's needs. Like last year, the
Committee reminds CBP that it must submit an updated multi-year
investment and management plan annually with its budget
request.
A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Development and Deployment:
Southwest Border Technology... $138,816,000 $138,816,000
Northern Border Technology.... 10,000,000 10,000,000
Tactical Communications....... 40,000,000 40,000,000
-------------------------------------
Subtotal, Development and 160,435,000 160,435,000
Deployment...............
Operation and Maintenance......... 191,019,000 191,019,000
-------------------------------------
Total................. $351,454,000 $351,454,000
------------------------------------------------------------------------
Development and Deployment
The Committee recommends $160,435,000 for Development and
Deployment as requested, $28,192,000 below the amount provided
in fiscal year 2013. The recommendation includes funds for new
investments and surveillance and detection technologies,
including $77,366,000 to support integrated fixed towers and
$40,000,000 for tactical communications.
Included in the recommendation is $1,765,000 to mitigate
damage originating from construction and deployment of BSFIT.
Purchasing land is not a permitted activity. The Committee
directs CBP to continue to work closely with the Department of
the Interior and the Department of Agriculture to maintain a
commitment to environmental and cultural stewardship and
encourages CBP to seek alternatives and creative solutions in
order to ensure that mission requirements are met.
Operations and Maintenance
The Committee recommends $191,019,000 for Operations and
Maintenance as requested, $55,871,000 above the amount provided
in fiscal year 2013.
Southwest Border Technology
The Committee is alarmed by chronic delays in procuring
assets necessary to meet the deployment schedule of BSFIT, and
more importantly, to deliver much needed capability to
frontline Border Patrol agents. CBP is directed to brief the
Committee on a quarterly basis on the status of its investment
strategy, acquisition schedule, and obligated and unobligated
balances. CBP is directed to continue to provide weekly
notifications including reasons for delays on procurement
actions on each technology investment until all initial
contract awards have been made.
In developing the multi-year investment and management
plan, the Committee directs CBP to include an assessment of
fixed versus mobile and airborne capabilities for border
security surveillance, including the short- and long-term costs
and benefits of different assets.
DOD Technologies for Improving Border Security
DOD has researched, developed and employed advanced
surveillance technologies for service in overseas conflicts
such as Iraq and Afghanistan. As these conflicts come to a
close, technologies such as VADER, aerostats, manned and
unmanned aerial systems, and associated audio, visual, radar
and other detection and monitoring systems in use or under
development may become excess equipment. Many of these systems,
proven in battlefield environments, have been adapted to meet
DHS border security requirements and provide a cost effective
way to increase situational awareness of illicit cross border
traffic. DHS should actively seek to capitalize on DOD's
expertise and work with DOD to expedite the identification,
designation, transfer and integration of technologies and
equipment to support border security improvements. To that end,
CBP is directed to brief the Committee on the status of their
collaboration with DOD by July 15, 2013.
Office of Technology Innovation and Acquisition
The Committee remains disappointed by the lack of progress
CBP has made to procure proven technologies, particularly those
planned in the Arizona Border Technology Plan. In theory, the
Office of Technology Innovation and Acquisition (OTIA) is
supposed to facilitate and strengthen CBPs acquisition
programs, but the Committee sees no evidence of improvement. In
fact, there seems to be a direct relationship between internal
upheaval in OTIA's establishment and the protracted pace of
acquiring these essential technologies; consequently, the
Committee will continue to monitor the role OTIA plays in CBP's
major programs.
AIR AND MARINE OPERATIONS
Appropriation, fiscal year 2013*...................... $798,207,000
Budget request, fiscal year 2014...................... 427,701,000
Recommended in the bill............................... 802,741,000
Bill compared with:
Appropriation, fiscal year 2013................... +4,534,000
Budget request, fiscal year 2014.................. +375,040,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
CBP's Office of Air and Marine provides integrated and
coordinated border interdiction and law enforcement for
homeland security missions; supports counterterrorism efforts
of other law enforcement agencies; provides airspace security
for high-risk areas or National Special Security Events; and
combats efforts to smuggle narcotics and other contraband into
the United States. Included in this account are salaries and
expenses, procurement and operations and maintenance.
Recommendation
The Committee recommends $802,741,000 for Air and Marine
Operations, $375,040,000 above the amount requested and
$4,534,000 below the amount provided in fiscal year 2013.
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Salaries and Expenses............. - - - $292,791,000
Operations and Maintenance........ $353,751,000 392,000,000
Procurement....................... 73,950,000 117,950,000
-------------------------------------
Total......................... $427,701,000 $802,741,000
------------------------------------------------------------------------
Regrettably, the Administration's request fails to provide
adequate funds to meet Air and Marine's critical mission
requirements. To rectify this seemingly annual shortfall within
the President's budget proposal, the Committee increases
Salaries and Expenses to fund overtime and pay; boosts
Operations and Maintenance to fund increased fuel costs and
reinstate 107,000 flight hours; and augments Procurement to
purchase two multi-role enforcement aircraft, the P-3 Service
Life Extension Program and two Blackhawk conversions.
The Committee continues to support planning the expansion
of facilities at the Air and Marine Operations Center (AMOC)
and modernizing AMOC systems. The Committee directs CBP to
provide a briefing on its assessment of AMOC needs as well as
the schedule and cost associated with any modernization plans
not later than December 1, 2013.
In order to ensure appropriate fiscal control and
oversight, CBP is directed again to provide an updated five-
year recapitalization plan with the fiscal year 2015 budget
request.
Unmanned Aircraft Operations
The Committee continues its unwavering support for robust
airborne intelligence, surveillance and reconnaissance to
extend the reach of CBP's drug interdiction and border security
operations. Therefore, the Committee directs the Commissioner
to review how air assets are integrated into current concepts
of operations and provide recommendations on any changes that
are necessary to improve interdiction tactics. Likewise, the
Committee directs a review of the readiness rates of all
unmanned aircraft. Finally, the Committee directs CBP to
evaluate and brief the Committee on the need for an alternate
base to support unmanned aircraft operations on the Southwest
border not later than January 30, 2014. The brief should
include information on the number of canceled flights and
whether an alternate base for operations with more landing and
support services would allow for more unmanned aircraft flights
and increased interdiction rates.
Integrating the Civil Air Patrol
In November 2012, the GAO issued a report (GAO-13-56) about
the effective integration of the Civil Air Patrol into CBP's
mission objectives, particularly in securing the border. The
Committee is encouraged by these findings and directs CBP to
assess specific areas and missions where collaborating with the
Civil Air Patrol makes sense, and to provide a briefing on the
assessment not later than 120 days after the date of enactment
of this Act.
CONSTRUCTION AND FACILITIES MANAGEMENT
Appropriation, fiscal year 2013*...................... $233,330,000
Budget request, fiscal year 2014...................... 471,499,000
Recommended in the bill............................... 471,278,000
Bill compared with:
Appropriation, fiscal year 2013................... +237,948,000
Budget request, fiscal year 2014.................. -221,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Construction and Facilities Management account
consolidates funding for planning and design, construction,
leasing acquisition, facility program support, operations,
management, headquarters support and tunnel remediation
activities. Facilities eligible for these funds include Border
Patrol stations, checkpoints, temporary detention facilities,
mission support facilities, training facilities and CBP-owned
POEs.
Recommendation
The Committee recommends $471,278,000 for Construction and
Facilities Management, $221,000 below the amount requested and
$237,948,000 above the amount provided in fiscal year 2013.
These recommendations support current sustainment and
maintenance needs.
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Facilities Construction and $385,398,000 $385,398,000
Sustainment......................
Program Oversight and Management.. 86,101,000 85,880,000
-------------------------------------
Total......................... $471,499,000 $471,278,000
------------------------------------------------------------------------
CBP is directed to submit a real property inventory on an
annual basis. As a component of this inventory, CBP is directed
to provide an annual plan describing construction and major
renovation initiatives and their costs. In addition, CBP is
directed to rank LPOEs, including GSA's, in order of which are
most critical to improve border security and facilitate trade
and travel into and out of the United States. Included in the
briefing should be a description of the physical condition of
each facility and any plans to recapitalize the facility.
Delegation of Authority
The Committee acknowledges the Administration's ability to
delegate authority from GSA-owned LPOEs to CBP. With this
delegation, funds targeted formerly to rent will be directed to
asset management and facility renovations, enabling CBP to
perform operational missions more efficiently. Though hopeful
that costs will be lower, the Committee is concerned that this
proposal could increase the costs of routine maintenance and
operations. Therefore, the Committee directs CBP and GSA to
provide a briefing on the plan to execute this transfer, the
costs associated with the transfer and the projected costs of
routine maintenance and building operations not later than
December 1, 2013.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $5,389,008,000
Budget request, fiscal year 2014...................... 4,956,822,000
Recommended in the bill............................... 5,344,461,000
Bill compared with:
Appropriation, fiscal year 2013................... -44,547,000
Budget request, fiscal year 2014.................. +387,639,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
U.S. Immigration and Customs Enforcement (ICE) is the
agency responsible for enforcing immigration and customs laws.
ICE protects the United States by investigating, deterring and
detecting threats arising from the movement of people and goods
into and out of the country. ICE consists of approximately
20,500 employees within two major divisions: Homeland Security
Investigations and Enforcement and Removal Operations.
Recommendation
Upon reviewing the President's budget submission, the
Committee was alarmed to see such a drastic reduction in ICE's
capacity to investigate a range of issues that threaten the
national security, trade and immigration laws of the United
States, including human rights violations, human smuggling,
human trafficking, drug smuggling and arms trafficking,
worksite enforcement and intellectual property rights.
Moreover, the budget request reduced funds necessary to detain
and remove illegal aliens. These decreases undermine ICE's
ability to carry-out their duties to enforce the law. The
Boston Marathon bombings are just one example of why ICE must
be funded at levels that ensure it is fully mission capable to
prevent terrorism, protect the border, enhance security and
ensure the integrity of the Nation's immigration system, which
includes removing people who have overstayed their visa
authority.
The Committee recommends $5,344,461,000 for Salaries and
Expenses, $387,639,000 above the amount requested and
$44,547,000 below the amount provided in fiscal year 2013. The
increase restores the President's proposed cuts to ICE,
especially those that adversely affect critical missions such
as investigations, enforcement, removal and operations.
The Committee recommends the following increases above the
budget request: $168,531,000 to ensure that not fewer than
34,000 detention beds are maintained, as mandated in statutory
language; $43,592,000 to restore the 287(g) program to the
fiscal year 2013 level; and $133,336,000 to restore the
proposed reduction to operations and investigations, including
additional funds for human trafficking and visa overstay
enforcement. In addition, the Committee recommends increases
above the budget request of $4,930,000 for Secure Communities;
$24,025,000 for Alternatives to Detention (ATD); and $9,031,000
for Fugitive Operations. Realignments include $3,756,000 from
the former US-VISIT program to ICE for overstay analysis and
$8,000,000 from CBP to ICE's detainee medical costs.
A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Headquarters Management and
Administration:
Personnel, Compensation and $192,236,000 $209,755,000
Benefits.....................
Headquarters-Managed 141,294,000 151,132,000
Information Technology
Investments..................
-------------------------------------
Subtotal, Headquarters 333,530,000 360,887,000
Management and Administration
Legal Proceedings................. 204,651,000 205,921,000
Domestic Investigations........... 1,599,972,000 1,710,172,000
International Investigations:
International Operations...... 100,544,000 100,187,000
Visa Security Program......... 31,630,000 31,541,000
-------------------------------------
Subtotal, International 132,174,000 131,728,000
Investigations...............
Intelligence...................... 75,448,000 74,908,000
Detention and Removal Operations:
Custody Operations............ 1,844,802,000 2,038,239,000
Fugitive Operations........... 125,771,000 134,802,000
Criminal Alien Program........ 291,721,000 289,155,000
Alternatives to Detention..... 72,435,000 96,460,000
Transportation and Removal 255,984,000 276,925,000
Program......................
-------------------------------------
Subtotal, Detention and 2,590,713,000 2,835,581,000
Removal Operations...........
Secure Communities................ 20,334,000 25,264,000
-------------------------------------
Total, ICE Salaries and $4,956,822,000 $5,344,461,000
Expenses...................
------------------------------------------------------------------------
In order to understand budget proposals, justification
material must be clear, substantive and fiscally sound.
Explanations for proposed increases and reductions require
significant improvement. Therefore, the Committee encourages
ICE and the DHS CFO to work with the Committee to improve the
materials in the future.
The Committee directs ICE to submit monthly staffing and
hiring updates, as well as unobligated balance reports along
with the Monthly Execution Report provided to the Committees.
Headquarters Management and Administration
The Committee recommends $360,887,000 for ICE Headquarters
Management and Administration, $27,357,000 above the amount
requested and $19,241,000 below the amount provided in fiscal
year 2013. The increases fully restore 287(g) funding and a
portion of the President's proposed cut to mission support.
Legal Proceedings
The Committee recommends $205,921,000 for Legal
Proceedings, $1,270,000 above the amount requested and $913,000
below the amount provided in fiscal year 2013. This amount
restores the funding for attorneys engaged in prosecuting and
removing aliens and supports 287(g) initiatives.
Domestic Investigations
The Committee recommends $1,710,172,000 for domestic
investigations, $110,200,000 above the amount requested and
$25,000,000 above the amount provided in fiscal year 2013. The
increase restores $29,085,000 for 287(g) initiatives; realigns
$3,756,000 from US-VISIT for overstay analysis; increases the
level for overstay investigations by $10,000,000; includes
$20,000,000 for the ICE Child Exploitation Investigation Unit
(CEIU) and for field office support of CEIU activities; adds
$5,000,000 for Angel Watch; and includes $63,867,000 to sustain
investigations related to money laundering, seizure of drugs
and illegal firearms, indictments for child exploitation and
pornography and worksite enforcement.
Once again, the Committee directs ICE to provide a spend
plan for Domestic Investigations not later than 30 days after
the date of enactment of this Act. In addition, the Committee
directs ICE to provide quarterly data on investigative
activities and expenditures. Finally, the Committee supports
ICE efforts to measure how investigative activities are
dismantling transnational criminal enterprises and requires a
briefing on the results of these efforts not later than 60 days
after the date of enactment of this Act.
The Committee directs ICE to work jointly with the Attorney
General to assess cross-border violence and metrics collected
by inter-agency task forces, particularly along the Southwest
Border. Not later than 60 days after the date of enactment of
this Act, ICE is directed to brief the Committee on the
findings of this assessment and provide recommendations for
additional resources needed to track and investigate cross-
border violence.
The Committee commends ICE for its work to combat child
sexual exploitation, particularly child rescue, child victim
identification and training, and hiring wounded warriors for
law enforcement support positions.
Overstay Analysis and Enforcement
The Committee believes visa enforcement is paramount to our
Nation's security and a fundamental lesson of 9/11 as well as
several terrorism incidents that have followed, including the
recent bombings at the Boston marathon.
To reinforce this commitment, the Committee directs that
the fiscal year 2014 spend plan for Domestic Investigations
include no less than $10,000,000 above fiscal year 2013 levels
to increase enforcement investigation of visa overstays.
Clearly, an automated means to identify SEVIS violators is long
overdue. The Committee directs a joint briefing with CBP on the
solution, its costs and the timetable by which it will be in
place by not later than June 15, 2013.
ICE is in a better position to enforce overstay violations
now that it is directly responsible for this analysis.
Enforcement, however, requires finding and removing individuals
who fail to comply with the terms and conditions of their visa.
Therefore, the Committee directs ICE to provide semi-annual
briefings on the overstay backlog elimination effort, to ensure
that similar backlogs do not arise in the future and to update
the Committee on its overstay enforcement plans and domestic
investigation strategy. Further, the Committee directs ICE to
brief the Committee not later than December 1, 2013, on the
number of visa overstays in the United States by nationality
and actionable measures ICE will take to reduce the overstay
population.
Human Trafficking
The Committee is committed to the prevention and disruption
of human trafficking and staunchly supports ICE's efforts to
combat this heinous activity. ICE is directed to include in the
fiscal year 2014 spending plan not less than $10,000,000 above
the amount provided in fiscal year 2013 for human trafficking.
At least $5,000,000 is provided for Angel Watch. The Committee
believes it is essential that ICE agents receive training to
identify and assist trafficking victims. Therefore, the
Committee continues to encourage ICE to work with appropriate
non-profit organizations and victim service providers to ensure
appropriate training of ICE investigators to assist in the
identification of human trafficking victims and provide
appropriate referrals to victim service providers.
The Committee reaffirms support for the Blue Campaign as a
legitimate and necessary DHS program and directs ICE to include
funds in the fiscal year 2015 budget request.
Worksite Enforcement
The Committee directs ICE to continue quarterly briefings
on worksite enforcement efforts not later than 30 days after
the end of each quarter. Likewise, the Committee directs ICE to
provide an annual report on the number of opened and closed
enforcement investigations, 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.
Intellectual Property Rights (IPR) Enforcement
The Committee continues to support trade enforcement,
particularly the efforts of the National IPR Coordination
Center, which leads the government's response to intellectual
property theft. The Center provides an invaluable forum to
access expertise of member agencies, share information, develop
initiatives, coordinate enforcement actions and conduct
investigations. The Committee directs ICE to report to the
Committee on the number of agents in the United States and
abroad dedicated to commercial fraud and IPR investigations,
the number of hours spent by agents in fiscal year 2014 on
these investigations, and the number of investigations that
have resulted in charges in fiscal year 2014, not later than
October 30, 2014.
Textile Transshipment Enforcement
As with the CBP account, the Committee includes $4,750,000,
for ICE to continue textile transshipment enforcement. The
Committee directs ICE to ensure that their activities are
maintained at least at the level in prior years. The Committee
directs ICE to provide an update annually on these activities.
Intelligence
For the Office of Intelligence, the Committee recommends
$74,908,000, $540,000 below the amount requested and $3,466,000
below the amount provided in fiscal year 2013. The Committee
continues to expect the Office of Intelligence to support all
of ICE's operations, including providing robust information to
Enforcement and Removal Operations (ERO) and coordinating with
CBP on its assessments of illicit cross-border activities and
criminal organizations.
Vetted Units
The Committee affirms ICE's transnational criminal
investigative unit program, which establishes vetted units of
select foreign partner agency personnel. Because the budget
request fails to request funds for this program, the Committee
directs that no less than $8,000,000 from within the funds
provided for Homeland Security Investigations shall be for
ICE's vetted units.
Detention and Removal Operations
The Committee recommends $2,835,581,000 for Detention and
Removal operations, $244,868,000 above the amount requested and
$84,725,000 above the amount provided in fiscal year 2013. The
request proposes to realign ERO officers in different PPAs. The
Committee is concerned that these movements may impact
operations and directs ICE to explain staff moves in a briefing
by July 30, 2013. Of the total amount:
$2,038,239,000 is for Custody Operations,
$193,437,000 above the amount requested and $15,248,000 above
the amount provided in fiscal year 2013. The recommendation
includes an additional $147,531,000 to retain 34,000 detention
bed spaces as the statutory minimum number that must be
maintained on a daily basis, and restores $44,469,000 in cuts
to operations and staffing.
$134,802,000 is for Fugitive Operations,
$9,031,000 above the amount requested and $10,378,000 below the
amount provided in fiscal year 2013. Of this amount, sufficient
funds are available to maintain and sustain fugitive operations
teams. In addition, the Committee recommends $4,000,000 to
ensure procurement and sustainment funds for mobile, biometric
readers used by Fugitive Operations Teams. The Committee
directs ICE to provide a spend plan for fugitive operations not
later than 60 days after the date of enactment of this Act. The
Committee reiterates the realignment of responsibility for
prioritizing, locating, and arresting criminal aliens on parole
and probation from Domestic Investigations to Fugitive
Operations.
$289,155,000 is for the Criminal Alien Program,
$2,566,000 below the amount requested and $72,862,000 above the
amount provided in fiscal year 2013. A significant increase is
proposed in CAP as part of the Secure Communities realignment.
ICE is directed to brief the Committee on program activities no
later than October 30, 2013.
$96,460,000 is for ATD, $24,025,000 above the
amount requested and the same as the amount provided in fiscal
year 2013. The Committee continues to support enrolling
detainees in the program who pose neither a flight risk nor a
risk to public safety or national security.
$276,925,000 is for the Transportation and Removal
Program, $20,941,000 above the amount requested and $6,993,000
above the amount provided in fiscal year 2013. This increase
supports the requirement to maintain 34,000 detention bed
spaces.
As noted in fiscal year 2013, the Committee does not
recognize the ``midnight man count'' as equivalent to the
statutory mandate for 34,000 detention beds. The Committee
directs ICE to discuss with the Committee a metric that
corresponds more accurately to the mandated bed level, conveys
the picture of complex operations and more closely relates to
the number of detainees for whom ICE incurs costs on a daily
basis.
After providing sufficient resources and reprograming
authority to accommodate the bed mandate, the Committee was
surprised to learn that ICE released a significant number of
detainees to less restrictive forms of supervision in February
2013, citing ``budget concerns.'' Because the identification,
detention and adjudication of individuals suspected of illegal
presence in the United States is a significant resource
investment, such releases are highly disturbing, and suggest
that ICE criteria for determining who qualifies for less
restrictive forms of supervision may be overly flexible and not
firmly grounded in assessments regarding whether an individual
is a flight risk, a risk to the community or a risk to national
security.
Adequate resources and reprogramming authority are provided
in this recommendation to enforce the 34,000 bed mandate. ICE
is directed to refrain from administratively releasing any
individual who has been placed in other than short-term
detention to a less restrictive form of supervision unless it
notifies the Committee in advance, including an explanation of
the rationale for such release and a certification that such
individual clearly meets ICE's criteria for a particular non-
detention form of supervision. In addition, should ICE find
itself in the future with a shortage of funding to comply with
the 34,000-detention bed mandate, detain individuals who are
either subject to mandatory detention, or who meet ICE criteria
for detention, the Committee is more than receptive to a
proposal from the Department to transfer or reprogram funding
to address any such funding shortfall.
The Committee has provided funds to bolster the
transformation initiative to continue to look at potential
efforts to improve ICE's management of detention resources. The
Committee directs ICE to continue to provide quarterly
briefings to the Committee on all steps being taken to reduce
the costs of detention and removal, including transportation,
processing and contracting costs. ICE is also encouraged to
consider the costs and benefits of public and private providers
for all services, including medical services. The Committee
understands that detention bed space is readily available in
many locations where ICE most needs it, including in public and
private facilities at potentially lower costs. The first
comprehensive briefing of these issues will take place not
later than 30 days after the date of enactment of this Act.
Detention and Removal Reporting
Language is included in the bill giving permission to
apprehend all illegally present or otherwise removable aliens
encountered when enforcing our immigration laws. The Department
does not collect or report comprehensive statistics on all of
its encounters with inadmissible and deportable aliens by
source as well as the disposition of all such encounters. The
Committee continues to direct ICE, in conjunction with CBP and
U.S. Citizenship and Immigration Services (USCIS), to improve
its capabilities to provide comprehensive reporting on
enforcement actions. ICE shall provide additional data as it is
available in the Border Security Status and Detention and
Removal Operations reports.
For fiscal year 2014, ICE is directed to continue reporting
quarterly on detention and removal, including the number of
deportation, exclusion, and removal orders sought and obtained
by ICE. The first fiscal year 2014 quarterly report is to be
submitted not later than February 15, 2014.
Cooperation From Foreign Countries on Repatriation
The Committee remains gravely concerned about the impacts
to public safety of the release of criminal aliens due to the
ruling of Zadvydas v. Davis, 533 U.S. 678, 121 S. Ct. 2491
(2001). With a few exceptions, many aliens with final removal
orders may not be detained beyond six months unless there is a
significant likelihood of removal in the reasonably foreseeable
future. Thus, when certain countries refuse to repatriate
aliens, most of these aliens, including criminals who have
completed their sentences, must be released into our
communities.
With regard to repatriation of aliens, the April 2011 MOU
between ICE and the Department of State Bureau of Consular
Affairs limited the actions available for the United States
against a challenging country. The Committee encourages DHS and
the Department of State to take more dramatic steps, where
warranted, to move countries into compliance with their
responsibilities under international law.
ICE continues to incur significant costs and administrative
burdens pursuing removal of aliens with final orders of removal
where countries do not cooperate in this effort.
Alternatives to Detention
The Committee recommends $96,460,000 for ICE ATD programs,
an increase of $24,025,000 above the amount requested, to
restore fiscal year 2013 funding levels.
ATD remains hampered by the ability to move cases through
the non-detained docket in a timely manner. The Committee
directs ICE, in partnership with the Department of Justice,
Executive Office for Immigration Review, to continue to expand
the Fast Track pilot programs through which ATD cases were
prioritized in the non-detained docket and brief the Committee
quarterly on the Fast Track pilots and the progress being made.
Detention Standards
Maintaining appropriate detention standards remains an
important issue for Committee oversight. The Committee
continues to direct ICE to consider the cost implications of
assessing and implementing Performance-Based National Detention
Standards. The Committee expects the Department to issue a
final rule on compliance with the standards and requirements of
the Prison Rape Elimination Act as soon as possible, and
expects DHS detention and holding facilities to begin
implementing the rule before the end of fiscal year 2013. The
Committee requests an update on the status of implementation of
the Act's requirements not later than October 1, 2013.
Within the update required in the previous paragraph, ICE
shall include a description of how it facilitates the
appropriate involvement of parents in all proceedings affecting
custody of their children and how it allows detained parents,
legal guardians and primary caregivers to arrange appropriate
child care.
Secure Communities
The Committee recommends $25,264,000 for Secure
Communities, $4,930,000 above the amount requested and
$112,847,000 below the amount provided in fiscal year 2013. The
$4,930,000 is to improve the effectiveness of ERO's analytical,
planning, reporting and performance management processes,
particularly as they relate to detention and removal
activities.
The Committee remains gravely concerned about State and
local jurisdictions flouting ICE detainers and releasing aliens
who clearly pose a risk to public safety. Further, the
Committee can imagine a scenario in which an alien who poses a
national security risk slips through law enforcement fingers as
a result of such a release. The Committee directs the
Department to update the Committee not later than September 1,
2013, on the number of jurisdictions failing to honor ICE
detainers, the number of individuals released as a result and
the number of those individuals remaining at large as a result.
AUTOMATION MODERNIZATION
Appropriation, fiscal year 2013*...................... $33,467,000
Budget request, fiscal year 2014...................... 34,900,000
Recommended in the bill............................... 34,900,000
Bill compared with:
Appropriation, fiscal year 2013................... +1,433,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Automation Modernization account funds major
information technology projects and operations for ICE.
Recommendation
The Committee recommends $34,900,000 for Automation
Modernization, the same as the amount requested and $1,433,000
above the amount provided in fiscal year 2013. This account
supports critical IT systems that underpin ICE operations and
data.
The following table illustrates funding by specific
investment project:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
IT investment..................... - - - $8,400,000
TECS Modernization................ $34,900,000 23,000,000
Detention and Removals - - - - - -
Modernization....................
Electronic Health Records......... - - - 3,500,000
-------------------------------------
Total......................... $34,900,000 $34,900,000
------------------------------------------------------------------------
TECS Modernization
The Committee directs CBP and ICE to brief the Committee on
progress made to modernize TECS not later than September 1,
2013. In addition, the bill reaffirms the requirement that a
three-year investment and management plan be provided with the
President's budget submission.
Electronic Health Records
Electronic detainee health records are expected to reduce
costs of medical care, increase the effectiveness of the care
and yield efficiencies in costs associated with moving
detainees from one facility to another. The Committee urges ICE
to continue making progress on the eHR (electronic health
records) initiative.
CONSTRUCTION
Appropriation, fiscal year 2013*...................... $4,995,000
Budget request, fiscal year 2014...................... 5,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +5,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Construction account supports maintenance of ICE's
owned and directly leased facilities.
Recommendation
The Committee recommends $5,000,000 for Construction as
requested, $5,000 above the amount provided in fiscal year
2013. ICE is directed to provide the Committee with any changes
to its proposed project list and costs.
Transportation Security Administration
AVIATION SECURITY
Appropriation, fiscal year 2013*...................... $5,047,567,000
Budget request, fiscal year 2014...................... 4,968,036,000
Recommended in the bill............................... 4,872,739,000
Bill compared with:
Appropriation, fiscal year 2013................... -174,828,000
Budget request, fiscal year 2014.................. -95,297,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
Aviation security is focused on protecting the air
transportation system against terrorist threats, sabotage and
other acts of violence through deployment of passenger and
baggage screeners; detection systems for explosives, weapons,
and other contraband; and other, effective security
technologies.
Recommendation
The Committee recommends $4,872,739,000 for Aviation
Security, $95,297,000 below the amount requested and
$174,828,000 below the amount provided in fiscal year 2013.
Funds within this account are partially offset through the
collection of security user fees paid by aviation travelers and
airlines. A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Screening Operations.............. $3,899,525,000 $3,824,625,000
Aviation Security Direction and 1,068,511,000 1,048,114,000
Enforcement......................
[Mandatory Aviation Security [250,000,000] [250,000,000]
Capital Fund\1\].................
-------------------------------------
Subtotal, Aviation Security... $4,968,036,000 $4,872,739,000
------------------------------------------------------------------------
\1\The Aviation Security Capital Fund is not included in the Subtotal
for aviation security because it is not directly appropriated and is
paid for entirely from user fees.
Aviation Security Fees
In total, the Committee applies the Congressional Budget
Office estimate for the collection of $2,120,000,000 in current
aviation security user fees, $3,397,000 below the amount
estimated in the budget request, and $50,000,000 above the
fiscal year 2013 collection estimate. These fees will be
collected from both aviation passengers and the airlines and
will partially offset the Federal appropriation for aviation
security. However, it is important to note that the Committee
estimate does not reflect implementation of the
Administration's proposed increase in aviation security fees,
which represented $122,500,000 in illusory offsets in the
budget request and was subsequently scored by CBO as
$105,000,000, because necessary new authorization legislation
has not been enacted--legislation that is not under the
jurisdiction of the Committee. Because of the Administration's
chronic reliance upon an unauthorized, fictitious offset of
increased aviation security fees, the Committee has once again
been forced to reduce the funding for management and
administrative offices across Departmental functions.
Screening Operations
The Committee recommends $3,824,625,000 for passenger and
baggage screening operations, $74,900,000 below the amount
requested and $146,916,000 below the amount provided in fiscal
year 2013. The recommendation supports current operations and
all currently programmed acquisitions. The recommendation
reflects the following reductions to the President's budget
request: a reduction of $28,132,000 in cost savings associated
with 446 screeners that will not be annualized as proposed in
the President's budget request; a reduction of $17,800,000 to
Screener Consumables and Uniforms; and a denial of the proposed
realignment of $6,000,000 from Aviation Regulation to support
TSA's collective bargaining process. Further, the
recommendation realigns $10,000,000 requested for Screener
Compensation and Benefits for Privatized Screening to support
and enhance the Screener Partnership Program. The Committee
recommends $83,845,000 for Explosive Detection System (EDS)
procurement and installation, rather than the $83,987,000
requested.
An increase of $15,648,000 above the level provided in
fiscal year 2013 is provided for the Screening Partnership
Program (SPP) to support expansion to at least one additional
airport and accommodate other applicants. The Committee
emphasizes that the cuts to Personnel Compensation and Benefits
are in part offset by increases to the SPP program, and reflect
the Committee's intention that TSA move aggressively toward a
leaner organizational approach to its screening and security
missions. The Committee believes there must be a better balance
between personnel and technology, public and private
capabilities, and increased use of risk-based strategies in
organization, operations, staffing, and acquisitions.
As in fiscal year 2013, the Committee has chosen to make
these reductions primarily to compensate for non-existent
aviation security fee revenue built into the Administration's
budget. The Committee recognizes the need to recapitalize the
EDS technology currently in place and expects that TSA will
ensure that the funding provided is targeted at those systems
most in need of replacement or upgrades, while fully
considering the impact of installing technology that may become
obsolete by the completion of these projects.
A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Screener Workforce:
Privatized Screening.......... $153,190,000 $163,190,000
Screener Personnel, 3,033,526,000 2,972,715,000
Compensation and Benefits....
-------------------------------------
Subtotal, Screener Workforce.. 3,186,716,000 3,135,905,000
Screener Training and Other....... 226,936,000 203,057,000
Checkpoint Support................ 103,377,000 103,309,000
EDS/ETD Systems:
EDS Procurement and 83,987,000 83,845,000
Installation.................
Screening Technology 298,509,000 298,509,000
Maintenance and Utilities....
-------------------------------------
Subtotal, EDS/ETD systems..... 382,496,000 382,354,000
-------------------------------------
Total, Screening $3,899,525,000 $3,824,625,000
Operations...............
------------------------------------------------------------------------
Privatized Screening
The Committee recommends $163,190,000 for privatized
screening, $10,000,000 above the amount requested and
$15,648,000 above the amount provided in fiscal year 2013. For
the second year in a row, the Committee has increased funding
to ensure adequate resources to support new participants in the
Screening Partnership Program (SPP) and to encourage TSA to
make greater use of the valuable program. Sixteen airports
currently participate in the SPP, the same number of airports
as last year.
The Committee is dismayed that TSA has not utilized the SPP
to the extent that Congress has directed. The Committee
believes TSA should more proactively utilize the SPP and
expects TSA to expeditiously approve applications of airports
seeking to participate in the SPP that meet legislatively
mandated criteria. Further, the Committee directs TSA to cease
disapproving any new SPP contract applications, awards or
renewals, based solely on their own determination that the
annual cost of the SPP contract exceeds the annual cost to TSA
of providing Federal screening services. The Committee expects
TSA to implement generally accepted accounting methodologies
for such cost and performance comparisons. This includes, but
is not limited to, proper, comprehensive, and accurate
comparisons of Federal employee retirement costs, a legitimate
and reasonable comparison of the net present value of
Federalized screeners, and the administrative overhead
associated with Federal screening services. In addition, the
Committee directs TSA to fully implement all previous GAO
recommendations deemed necessary to accurately compare cost and
performance of SPP airports and non-SPP airports and to provide
a report to the Committee, not later than 90 days after the
date of enactment of this Act, with the results of these
implemented changes, which the Committee expects to be
sufficiently transparent and reflective of a cost and
performance comparison using proper and generally accepted
accounting principles. Further, as it assesses those airports
that seek to renew their contracts or those that are new
applicants, TSA is directed to consult with and fully inform
stakeholders at such airports prior to the implementation of
any status changes. The Committee directs TSA to report not
later than 90 days after the date of enactment of this Act on
how it is complying with the FAA Reauthorization Act (Public
Law 112-95) provisions and to provide the Committees quarterly
reports on its execution of the SPP program and processing of
applications for participation, including the status of
applications by date of application and date of decision.
Screener Personnel, Compensation, and Benefits
The Committee recommends $2,972,715,000 for Screener
Personnel, Compensation, and Benefits, $60,811,000 below the
amount requested, and $102,915,000 below the amount provided in
fiscal year 2013. This sustains the current services level for
current screeners and includes a reduction of $28,132,000 for
savings associated with the cost of 446 screeners that will not
be annualized as proposed in the President's budget request.
The Committee continues language that restricts funding from
being used to hire additional full-time screeners if the result
would be to exceed a total number of 46,000 full-time
equivalent screeners. While the Committee continues to support
dedicated TSA screener personnel as they strive to ensure the
safety of the traveling public and our civil aviation system,
it remains a matter of concern that the growth in staffing for
checkpoint and related security operations has not been
tempered by the use of improved technology and more rational,
risk-based approaches. The latter includes the PreCheck pilots
being introduced at airports nationwide. The Committee
therefore retains the limitation on full-time screener staffing
to compel TSA and the Department to optimize the balance
between technology and screener personnel.
Screener Training and Other
The Committee recommends $203,057,000 for Screener Training
and Other, $23,879,000 below the amount requested and
$21,702,000 below the amount provided in fiscal year 2013. The
recommendation does not include the requested increase of
$6,000,000 realigned from Aviation Regulation and Enforcement
to support collective bargaining, nor does it approve the
requested increase of $17,800,000 for Screener Consumables and
Uniforms. As the Committee has noted before, given the known
threats to aviation security, the Committee expects TSA's
Office of Inspection and the DHS OIG to enhance their periodic
red team investigations to better emulate the latest threats
and identify vulnerabilities to improve screener training and
the use of screening technology. TSA must ensure its screeners
are trained against the most current threats, and such training
should be calibrated to measurably reduce operational and
technological vulnerabilities identified by red teams and
improve the productivity of screener operations overall.
Uniforms
The Committee directs TSA to provide a report not later
than 60 days after the date of enactment of this Act describing
in detail how it is complying with the Buy American Act,
including what measures it is taking to ensure compliance, and
the total number of uniforms and screener consumables purchased
in fiscal year 2012 and fiscal year 2013.
Checkpoint Support
The Committee recommends $103,309,000 for Checkpoint
Support, $68,000 below the amount requested and $11,780,000
below the amount provided in fiscal year 2013. The Committee is
aware that while this funding will not be used for additional
Advanced Imaging Technology (AIT) systems, it will support
enhanced baggage screening technology while work continues on
developing next generation AITs. The Committee is keenly aware
that the checkpoint continues to be a major challenge both for
security and for the efficiency of passenger processing, and
expects to see improvements going forward both in terms of the
application of risk-based analysis (e.g., the PreCheck approach
to identifying lower risk travelers) as well as new
configurations of technology to reduce the number of screener
personnel required.
Passenger Screening
The Committee notes that TSA continues to deploy new
technology at its checkpoints to help reduce passenger wait
times, including innovative approaches to measuring wait times
(therefore providing TSA managers with information that could
be used to adjust screener assignments to reduce delays),
automated document readers, and similar technology. The
Committee directs TSA to provide a briefing not later than 90
days after the date of enactment of this Act on its progress in
meeting the objective of keeping average passenger wait times
to ten minutes or less. TSA is also directed to brief the
Committee at that time on the wait times at screening
checkpoints where automated wait time measurement technology
has been deployed.
The Committee also encourages TSA to pursue the development
and deployment of systems that will increase security at the
checkpoint while offering passengers the benefit of reduced
divestment. This should include the development of better
explosives detection systems, as well as more capable AIT
systems with lower false alarm rates, more effective
resolution, improved protection of privacy and civil rights,
and a means to simultaneously scan shoes for threats. TSA shall
ensure all such technology fully complies with applicable laws
pertaining to privacy and civil rights.
The Committee is aware that parents and guardians traveling
with young children present a unique challenge to TSA when a
personal search is required of either adults or their minor
children. It is particularly important that TSA, while carrying
out any pre-boarding inspections of passengers, not separate
children from their parents or guardians. The Committee directs
TSA, in processing such travelers, to respect the civil rights
and privacy of individuals, with particular sensitivity to
children traveling with their parents and guardians, so as to
minimize any distress or discomfort.
Further, the Committee is aware that TSA is conducting an
internal investigation based on reported allegations that some
TSA employees may have subjected passengers to secondary
screening based only on the passenger's perceived race or
religion. TSA is directed to brief the Committee on the
findings of that investigation not later than 30 days after the
date of enactment of this Act, as well as the types of training
provided to TSA officers on compliance with applicable laws
pertaining to privacy, civil rights, and civil liberties, and
to prevent profiling based on race or religion. This briefing
shall also address any changes to TSA officer training prompted
by the internal investigation.
Explosive Detection Systems Procurement and Installation
The Committee recommends $83,845,000 for EDS Procurement
and Installation, $142,000 below the amount requested and
$15,985,000 below the amount provided in fiscal year 2013.
Including the existing mandatory Aviation Security Capital Fund
of $250,000,000, the total appropriation (both mandatory and
discretionary) for EDS procurement and installations is
$333,845,000 for fiscal year 2014. Within this total,
$213,000,000 is for installation of electronic baggage
screening equipment; $117,000,000 is to procure EDS for
deployment to facilities where modifications have been
completed with prior year funds and to recapitalize existing
equipment; and $3,845,000 is to install advanced surveillance
systems. Although the Committee acknowledges the need to
recapitalize aging inventory, the recommended funding level
reflects the reality that the Committee is forced to offset the
unauthorized aviation security fee increase built into the
budget request.
The Committee retains language added in fiscal year 2012 to
permit funds in the Aviation Security Capital Fund to be used
for acquisition of new and replacement EDS systems. The
Committee expects TSA will ensure that there are sufficient
balances in the Capital Fund to support currently known and
validated needs for facility build out.
As the Committee has previously stated, it is aware of
TSA's work with airports on the optimization of electronic
baggage screening systems to enhance safety and security,
improve performance, increase efficiency, and reduce costs
associated with in-line EDS. The Committee understands the
potential for significant cost savings from the next generation
of high-speed EDS, which is currently undergoing testing,
because of an expected increase in handling capacity of up to
1,400 bags per hour compared to the medium-speed baggage
handling systems being considered by TSA. The Committee is
concerned that the multi-year capital projects being planned
with current, medium-speed handling systems may include
technology installed with a lower level of detection standards
than the next generation EDS, be more expensive over the life
of the project, and could result in technology that is obsolete
by the completion of the project. The Committee understands
that there are multiple technologies in the process of being
certified by TSA at the same time that optimization projects
are being planned at numerous airports, and that TSA conducts
extensive operational field tests with the systems prior to
placing them on the qualified product list. The Committee
encourages TSA to accelerate this process to ensure optimal
systems are available for deployment in an expedient manner.
Alternatively, the Committee encourages TSA to utilize industry
best practices and processes, as used in industry product
development, so that as a system achieves certain milestones,
it can be considered in airport designs. TSA should consider
incorporating next generation high-speed EDS that are achieving
these milestones into multi-year design plans, when it is
proven to enhance security and reduce long-term costs in the
aviation sector.
Because some of these optimization projects take several
years to complete, the Committee directs TSA to provide a
briefing to the Committee not later than 90 days after the date
of enactment of this Act explaining how it is working with
airports to optimize electronic baggage systems by including
technology that is on the cusp of development when it will
improve performance and reduce operating costs.
The Committee is aware that while TSA must prioritize its
EDS funding for installation and recapitalization, there remain
claims from airports for reimbursement for previously incurred
eligible costs associated with the construction and deployment
of in-line baggage screening systems. The Committee understands
some local airports, as a result of not receiving
reimbursements, have delayed further security investments,
which could be a source of risk in the aviation security
environment. The Committee is concerned that TSA has not
established a process to resolve such claims expeditiously.
Therefore, the Committee directs TSA to provide a report not
later than 60 days after date of enactment of this Act
detailing the steps being taken to resolve such claims and how
airports will be reimbursed for expenses stemming from
capitalization costs previously incurred with the deployment of
EDS and explosives trace detection equipment and whether these
reimbursable costs will be prioritized to meet unpaid
obligations represented in Letters of Intent and Other
Transaction Agreements.
Screening Technology Maintenance and Utilities
The Committee recommends $298,509,000 for Screening
Technology Maintenance and Utilities, the same as the amount
requested and $10,182,000 below the amount provided in fiscal
year 2013. The Committee expects that the two year warranty
contracts that TSA is negotiating for its new AIT machines will
continue to generate savings for new systems deployed in fiscal
year 2014 and fiscal year 2015.
Exit Lanes
The Aviation and Transportation Security Act (ATSA) (Public
Law 107-71) gave TSA authority to regulate virtually all areas
of aviation security, including all aspects of passenger and
baggage screening. Under this broad authority, TSA assumed
responsibility for staffing exit lanes at airports across the
country--a responsibility that was handled by air carriers
prior to the enactment of ATSA in November of 2001. Due to
budget constraints, TSA recently announced its intention to
shift this responsibility, and the associated costs, to airport
operators. This proposal raises serious questions for the
Committee, including whether this type of emergency rulemaking
by TSA complies with the Administrative Procedures Act (Public
Law 79-404), the fact that TSA continues to collect money for
performing this function from air carriers through its Aviation
Security Infrastructure Fee (ASIF), and that Transportation
Security Officer's (TSO's) at exit lanes are currently
responsible for clearing TSA personnel, armed law enforcement,
and in some instances, participants in the Known Crew Member
program.
Unfortunately, because of the Administration's continued
reliance upon the unauthorized, fictitious offset of increased
aviation security fees and the submittal of a flawed and
reckless budget proposal that would decimate critical frontline
operations across DHS and substantially diminish the long-term
security capabilities of our Nation, the Committee has been
forced to reduce funding across TSA, including accepting the
savings associated with shifting the responsibility of staffing
exit lanes to airport operators. The Committee believes TSA has
unveiled this proposal without full consultation with the
impacted airports. The Committee directs TSA to work in
conjunction with airport operators to assess the impact of this
change and to consider delaying or at least phasing in the
shift of responsibility to airport operators until affordable,
effective technological solutions are certified by TSA, which
may then be utilized by the airport operators to successfully
staff exit lanes.
Expenditure Plans for Purchase and Deployment of Air Cargo, Checkpoint
Support and Explosive Detection Equipment
The Committee withholds $20,000,000 from TSA Headquarters
Administration and continues bill language requiring TSA to
provide a detailed spending and deployment plan for air cargo,
checkpoint support, and explosive detection equipment within
its fiscal year 2015 congressional budget justification. This
plan shall be submitted not later than 60 days after the date
of enactment of this Act, and shall include: expenditures on an
airport-by-airport basis for fiscal year 2013, including
details on technologies purchased; project timelines;
obligation schedules; and a table displaying actual versus
anticipated unobligated balances at the close of the fiscal
year, with an explanation for any deviation from original
plans. TSA shall notify the Committee prior to any amendments
to its expenditure plan and shall update the Committees
semiannually on expenditures under the plan.
Perimeter Security
TSA is directed to report to the Committee not later than
90 days after the date of enactment of this Act on its efforts
to work with State and local law enforcement to secure all
perimeters at the Nation's airports.
Behavior Detection Officers
The Committee believes that outstanding questions remain
over the value of the Behavior Detection Officer (BDO) program,
which has not been sufficiently validated and for which few
measures have been developed to prove its intrinsic value to
the aviation security environment. TSA is directed to brief the
Committee not later than 90 days after the date of enactment of
this Act on the impact the program has on aviation security,
the metrics being utilized to measure this impact, and steps it
has taken to develop a robust risk-based strategy for deploying
BDOs. The Committee also continues to recommend that TSA
implement standardization testing on an annual basis at those
airports where the Screening of Passengers by Observation
Techniques (SPOT) program is established.
Aviation Security Direction and Enforcement
The Committee recommends $1,048,114,000 for Aviation
Security Direction and Enforcement, $20,397,000 below the
amount requested and $27,912,000 below the amount provided in
fiscal year 2013. The following table highlights funding levels
by program, project, and activity:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Aviation, Regulation and Other $354,650,000 $358,187,000
Enforcement......................
Airport Management and Support.... 590,871,000 555,242,000
Federal Flight Deck Officer and - - - 12,353,000
Flight Crew Training.............
Air Cargo......................... 122,990,000 122,332,000
-------------------------------------
Subtotal, Aviation Security $1,068,511,000 $1,048,114,000
Direction and Enforcement....
------------------------------------------------------------------------
Aviation Regulation and Other Enforcement
The Committee recommends $358,187,000 for Aviation
Regulation and Other Enforcement, $3,537,000 above the amount
requested and $9,700,000 below the amount provided in fiscal
year 2013. This includes $93,700,000 for the National Canine
Program to support an additional 40 canine teams for domestic
inspections in the air cargo and aviation regulation
environments, in recognition of the effectiveness of canine
operations in the detection of materials and explosives that
threaten aviation security, and effectively maximizing canine
capacity at TSA through fiscal year 2015.
Airport Management and Support
The Committee recommends $555,242,000 for Airport
Management and Support, $35,629,000 below the amount requested
and $6,545,000 below the amount provided in fiscal year 2013.
This reduction reflects the Committee's denial of the proposed
transfer of $32,557,000 from the Federal Air Marshal Service
(FAMS) Chief Administrative Officer. However, the Committee
expects Airport Management and Support to fully absorb the
proposed realignment of support functions from the FAMS Chief
Administrative Officer within the amount recommended. This
reduction is intended to partially offset the shortfall created
by the inclusion of unauthorized aviation security fees in the
budget.
Federal Flight Deck Officers
The Committee supports the Federal Flight Deck Officer
(FFDO) program, which the President's budget proposes to
eliminate, and believes that the presence of armed and trained
pilots and flight crew complement other security measures in
the aviation security domain and represent a true last-line-of-
defense aboard an aircraft. The Committee therefore recommends
$12,353,000 for FFDO, $12,353,000 above the amount requested.
Additionally, the Committee directs TSA to provide a
briefing not later than 60 days after the date of enactment of
this Act detailing the recertification process for FFDOs,
including the number of FFDOs enrolled; the latest data on
recertification; an assessment of how well the program is
meeting demand for participation; and an overview of how TSA is
ensuring that training is available in a sufficient number of
locations.
Air Cargo
The Committee recommends $122,332,000 for air cargo,
$658,000 below the amount requested and $685,000 above the
amount provided in fiscal year 2013. This includes $29,800,000
for the Canine Program in the screening of air cargo. While TSA
has met its fiscal year 2013 goal of 100 percent screening of
domestic air cargo, the Committee continues to support TSA
efforts to achieve 100 percent system-wide screening of air
cargo on passenger aircraft, to include flights originating
from last point of departure airports overseas. Funding should
be used to enhance inspection, investigation, and monitoring
efforts, including on all-cargo airlines. The Committee
continues a requirement for an expenditure plan for air cargo
investments.
Foreign Repair Station Security Regulations
Congress directed the TSA to promulgate aircraft repair
station security regulations in the 2003 Vision 100-Century of
Aviation Reauthorization Act, and the 9/11 Act. In 2009, TSA
finally issued a notice of proposed rulemaking for public
comment on repair station security regulations, and in a
December 2011 letter to stakeholders, TSA stated its
expectation that the final rule would be finished by the fourth
quarter of 2012. It is the Committee's understanding that the
Department only recently submitted the final rule to the OMB
for review. Unfortunately, the significant delay in finalizing
this rule has had significant negative consequences for the
aviation industry. The Committee urges OMB to expedite its
review of the final rule so that the Federal Aviation
Administration can restart the certification process for
aviation repair stations.
Five-Year Strategic Plan for Investments
The Committee directs TSA to submit a five-year budget
estimate within its fiscal year 2015 congressional budget
justification that includes projected funding levels for each
of the next five fiscal years for all passenger screening
technology acquisitions. The plan shall indicate the total cost
and estimated completion date for each technology.
Use of Unclaimed Money for Assistance to Military Personnel and
Dependents
Section 44945 of title 49, United States Code, enacted as
part of the fiscal year 2005 DHS Appropriations Act, authorized
and directed unclaimed money collected at airport security
checkpoints to be used for civil aviation security. However,
such collections have been little used, and Congress has thus
rescinded unobligated balances. The Committee prefers that
these funds be applied productively to an important public
mission. In the Explanatory Statement that accompanied the
Consolidated and Further Continuing Appropriations Act (Public
Law 113-6), the conferees directed DHS and TSA, in consultation
with DOD, to submit a report to the Committees on
Appropriations and Armed Services of the House and the Senate,
the House Committee on Homeland Security, and the Senate
Committee on Commerce, Science and Transportation considering
the feasibility of transferring the collections to nonprofit
organizations, selected on a competitive basis, to operate
airport centers in multiple locations throughout the United
States to provide a place of rest and recuperation for members
of the armed forces and their families. Therefore, the
Committee directs TSA to provide a briefing, not later than 60
days after the date of enactment of this Act, updating the
Committee on all recommendations for needed statutory language;
cost estimates for TSA to manage such a program; any
administrative action that may be required; the mechanism for
transferring unclaimed money to TSA headquarters; and how TSA
will consolidate the collections. The Committee encourages TSA
to act expeditiously so that these funds can be applied to an
important public mission.
Risk-Based Approaches to Passenger Screening
The Committee has been encouraged to see that TSA is
actively pursuing ways to apply a more risk-based approach to
its screening and security systems and procedures. PreCheck, a
limited scope ``trusted traveler'' program, is currently being
utilized at a number of airports where participants who
volunteer information about themselves for additional
government review prior to flying are eligible for expedited
screening at those airports. In 2014, TSA plans to expand the
program and is implementing adjustments in its protocols for
generally lower-risk populations. PreCheck offers great promise
but steps must be taken to expand the number of eligible
individuals who participate in the program. Absent a robust,
critical mass of participants, the program will ultimately fail
to achieve its objectives of enhanced security and efficiency.
The steps that TSA has taken up to this point, through its
largely airline-centric approach, have facilitated
participation from Global Entry participants and a limited pool
of other fliers. However, TSA must accelerate enrollment in the
program in order to gain widespread participation. Airports
have a long history of facilitating participation in trusted
traveler programs, and as a regulated entity with ties to the
communities they serve, they are uniquely qualified to
facilitate enrollment in the PreCheck program.
Therefore, the Committee directs TSA to work directly with
airports to expand PreCheck and to consider additional
populations through community-based, airport-centric enrollment
approaches. Further, the Committee encourages TSA to establish
the security standards and technical specifications necessary
to allow airports to enroll individuals into a TSA-approved
system for vetting and program participation.
The Committee urges TSA to use its existing statutory
authority, under the Aviation Transportation Security Act, to
continue to develop, test, and expand the PreCheck program for
U.S. citizens who voluntarily submit to a security threat
assessment and criminal history background check, including a
possible review of biometric data, in accordance with
applicable privacy laws and standards. The Committee continues
to encourage TSA to move forward in considering the potential
of enrolling other low-risk populations, such as U.S. citizens
possessing current Top Secret Security clearances.
Canine Teams
The Committee is aware of the important role canine teams
play in assisting in the screening of air cargo and in
supporting efforts to prevent explosives from being introduced
into mass transit and other transportation systems. Explosives
detection canine teams are proven, reliable, and cost-effective
resources in the detection of explosives and are a key
component in a balanced counter-sabotage program. The
Committee, as noted above, has included funding for an
additional 40 teams in the Aviation Checkpoint environment,
fully funding the canine training pipeline and effectively
maximizing canine capacity at TSA through fiscal year 2015. It
is the Committee's expectation that this enhancement will
permit TSA to build up its current rate of deployment and
training and move closer to higher screening percentages and
more effective screening operations.
SURFACE TRANSPORTATION SECURITY
Appropriation, fiscal year 2013*...................... $124,294,000
Budget request, fiscal year 2014...................... 109,331,000
Recommended in the bill............................... 108,618,000
Bill compared with:
Appropriation, fiscal year 2013................... -15,676,000
Budget request, fiscal year 2014.................. -713,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
Surface Transportation Security is responsible for
assessing the risk of terrorist attacks for all non-aviation
transportation modes, issuing regulations to improve the
security of those modes, and enforcing regulations to ensure
the protection of the transportation system.
Recommendation
The Committee recommends $108,618,000 for Surface
Transportation Security, $713,000 below the amount requested
and $15,676,000 below the amount provided in fiscal year 2013.
Within this total, $73,898,000 is for surface transportation
security inspectors and canines.
Canadian authorities recently arrested two men accused of
planning to carry out an al Qaeda-supported attack against a
passenger train traveling between Canada and the United States.
Because the investigation is fluid, TSA is encouraged to work
with Canadian authorities as necessary and it is directed to
keep the Committee apprised of the situation as it develops.
Transport of Security-Sensitive Materials
The Committee encourages TSA to diligently pursue
implementation of programs required by and authorized pursuant
to Section 1554 of the 9/11 Act as part of its mission to
improve security of surface transportation modes and to develop
risk management systems for shipments of security-sensitive
materials.
As part of its mission to improve the security of surface
transportation, TSA is required to develop a program to
facilitate the tracking of motor carrier shipments of highway
security-sensitive materials (HSSM). This includes a tested and
established center dedicated to the continual tracking of
specific hazardous materials load types which could pose a
security threat around the country. While the Committee
recognizes that TSA has taken certain steps towards
implementing the requirements of Section 1554, including a
variety of research, reports and voluntary Security Action
Items, the Committee is concerned that TSA does not yet have
the system capabilities to implement a Tier 1 HSSM shipment
tracking program if emergency conditions were to dictate a
swift response. Because this critical requirement of the 9/11
Act has not been met, the Committee expects that appropriated
funds will be used to continue and complete, without
interruption, any ongoing research and development initiatives
that may inform and support the development of an eventual
operational system for security sensitive material shipment
tracking. The Committee directs TSA to provide semiannual
updates on the implementation of the Tier 1 HSSM shipment
tracking program.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
Appropriation, fiscal year 2013*...................... $192,232,000
Budget request, fiscal year 2014...................... 180,617,000
Recommended in the bill............................... 182,617,000
Bill compared with:
Appropriation, fiscal year 2013................... -9,615,000
Budget request, fiscal year 2014.................. +2,000,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The mission of Transportation Threat Assessment and
Credentialing (TTAC) is to reduce the probability of a
successful attack on the transportation system through the
application of threat assessment methodologies to identify
known or suspected terrorist threats working in or seeking
access to the Nation's transportation system. This
appropriation consolidates management of all TSA vetting and
credentialing programs, including Secure Flight, Crew Vetting,
Transportation Worker Identification Credential, Registered
Traveler, Hazardous Materials, and Alien Flight School.
Recommendation
The Committee recommends a direct appropriation of
$182,617,000 for TTAC, $2,000,000 above the amount requested
and $9,615,000 below the amount provided in fiscal year 2013.
In addition, the Committee anticipates TSA will collect
$66,000,000 in fees. A comparison of the budget estimate to the
Committee's recommended level by budget activity is as follows:
------------------------------------------------------------------------
Estimate Recommended
------------------------------------------------------------------------
Direct Appropriations:
Secure Flight................. $106,198,000 $108,198,000
Crew and Other Vetting 74,419,000 74,419,000
Programs.....................
-------------------------------------
Subtotal, Direct 180,617,000 182,617,000
Appropriations...........
Fee Collections:
Transportation Worker 36,700,000 36,700,000
Identification Credential....
Hazardous Materials........... 12,000,000 12,000,000
Alien Flight School (transfer 5,000,000 5,000,000
from DOJ)....................
General Aviation.............. 350,000 350,000
Certified Cargo Screening 5,400,000 5,400,000
program......................
Secure Identification Display 6,500,000 6,500,000
Area Checks..................
Other Security Threat 50,000 50,000
Assessments..................
-------------------------------------
Subtotal, Fee Collections. $66,000,000 $66,000,000
------------------------------------------------------------------------
Secure Flight
The Committee recommends $108,198,000 for Secure Flight,
$2,000,000 above the amount requested and $1,370,000 above the
amount provided in fiscal year 2013. Secure Flight's mission is
to strengthen the security of commercial air travel into, out
of, within, and over the United States through the use of
improved watch list matching using risk-based security
measures. Within this funding $14,717,000 is for expanded watch
list vetting to support the General Aviation Security Rule,
covering an anticipated 11 million additional passengers per
year who fly on large aircraft and charter air transportation.
TTAC Infrastructure and Modernization
The largest component of the crew and other vetting
appropriation consists of $74,419,000 requested for TTAC
infrastructure modernization, which includes $48,700,000 for
TTAC Infrastructure Modernization (TIM). TSA proposes that TIM,
in concert with a universal fee rule, will address and
eliminate the need for subsequent IT investments and achieve
significant economies of scale and other benefits associated
with a unified integration effort.
The Committee understands TSA's desire to centralize the
process for all transportation worker programs in order to
modernize and harmonize the vetting process. However, the
background check process for transportation workers in the
aviation environment currently operates successfully as a
Federal/local partnership, with the Federal government holding
sole responsibility for security threat assessments and other
necessary government background checks, and with local airport
authorities operating and managing enrollment, credentialing,
badging, criminal background check adjudications and access
control systems in accordance with strict Federal standards.
This system operates at no cost to the Federal government.
Therefore, the Committee recommends funding the request but
expects the project to remain on schedule and under budget. TSA
should continue its efforts to modernize and harmonize its
internal vetting programs but moving forward, the Committee
encourages TSA to work more directly with airports and to
consider credentialing and access control systems that remain
the responsibility of airport operators and reduce the costs to
the government. To facilitate its oversight, the Committee
directs TSA to brief the Committee on the status of TIM not
later than 60 days after the date of enactment of this Act.
Biometric Access Control
Implementation of stronger credential and access controls
at airports using biometric features has been supported by
Congress, the Department, and many airport and airline
officials. The Committee strongly urges TSA to continue working
with the airport and airline community to implement biometric
access and credential use and to ensure such systems are
compatible with the Transportation Worker Identification
Credential (TWIC), as well as those credentials developed in
compliance with Homeland Security Presidential Directive-12
requirements.
TWIC Readers
The mandate to establish a TWIC and a reader was carried in
the Maritime Transportation Security Act of 2002 (MTSA), as
amended by the SAFE Port Act. Within DHS, TSA and Coast Guard
manage the TWIC program, which requires maritime workers to
complete background checks and obtain biometric identification
cards to gain unescorted access to secure areas of MTSA-
regulated entities. At present, over 30 reader technologies
have been evaluated by TSA as capable of reading TWIC cards,
and all are available from commercial sources. However, TWIC
cards are still generally only used for visual inspection,
making them essentially a ``flash pass,'' which significantly
reduces their value as a security measure, and adds to the cost
and time required to inspect them. TSA conducted a pilot
program to test the use of TWICs with biometric card readers in
part to inform the development of a regulation (rule) on using
TWICs with card readers.
GAO recently issued a report (GAO-13-198) assessing the
extent to which the results from the TWIC pilot were
sufficiently complete, accurate, and reliable for informing
Congress and the proposed TWIC card reader rule. GAO compared
the pilot data with the pilot report DHS submitted to Congress.
GAO's review of the technology and operational impact of
using TSA's TWIC with card readers showed that the pilot test's
results were incomplete, inaccurate, and unreliable for
informing Congress and for developing the rule for the readers.
Further, GAO called into question the program's premise and
overall effectiveness in enhancing security, stating the
following:
DHS did not correct planning shortfalls that GAO
identified in November 2009; installed TWIC readers and
access control systems could not collect required data,
including reasons for errors, on TWIC reader use; TSA
and the independent test agent did not record clear
baseline data for comparing operational performance at
access points with TWIC readers; TSA and the
independent test agent did not collect complete data on
malfunctioning TWIC cards; and Pilot participants did
not document instances of denied access.
Based on these findings, GAO recommended to Congress that
it halt DHS's efforts to promulgate a final regulation until
the successful completion of a security assessment of the
effectiveness of using TWIC. Accordingly, the Committee
withholds $30,000,000 from TSA Headquarters Administration
until DHS has completed this security assessment and provided
it with the submission of the fiscal year 2015 President's
budget proposal. In addition to detailing what steps DHS is
taking to correct the planning shortfalls that GAO identified
in November 2009, at a minimum, the assessment should include a
comprehensive comparison of alternative credentialing
approaches, which might include a more decentralized approach,
for achieving TWIC program goals. Further, the Committee
directs TSA to provide a briefing not later than 60 days after
the date of enactment of this Act detailing the amount of time
it currently takes to renew an expired TWIC, particularly for
those with the Extended Expiration Date, and what measures are
being taken to ensure an individual's TWIC is renewed in a
reasonable amount of time.
TRANSPORTATION SECURITY SUPPORT
Appropriation, fiscal year 2013*...................... $953,323,000
Budget request, fiscal year 2014...................... 997,789,000
Recommended in the bill............................... 901,666,000
Bill compared with:
Appropriation, fiscal year 2013................... -51,657,000
Budget request, fiscal year 2014.................. -96,123,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Transportation Security Support account includes
financial and human resources support; the Transportation
Security Intelligence Service; information technology support;
policy development and oversight; performance management and e-
government; communications; public information and legislative
affairs; training and quality performance; internal conduct and
audit; legal advice; and overall headquarters administration.
Recommendation
The Committee recommends $901,666,000 for Transportation
Security Support, $96,123,000 below the amount requested and
$51,657,000 below the amount provided in fiscal year 2013. A
comparison of the budget estimate to the Committee recommended
level by budget activity is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Headquarters Administration....... $284,942,000 $265,712,000
Human Capital Services............ 212,544,000 201,643,000
Information Technology............ 455,484,000 389,750,000
Intelligence...................... 44,809,000 44,561,000
-------------------------------------
Subtotal, Transportation $997,789,000 $901,666,000
Security Support.............
------------------------------------------------------------------------
Headquarters Administration
The Committee recommends $265,712,000 for Headquarters
Administration, $19,230,000 below the amount requested and
$10,134,000 below the amount provided in fiscal year 2013. The
Committee does not include the requested $3,701,000 as a
transfer from the FAMS and has reduced funding an additional
$14,247,000 as an offset for the budget shortfall created by
reliance on unauthorized passenger security fees.
Human Capital Services
The Committee recommends $201,643,000 for Human Capital
Services, $10,911,000 below the amount requested and
$13,970,000 below the amount provided in fiscal year 2013. The
reduction, necessary to help offset the budgetary shortfall due
to reliance on unauthorized aviation security fees, among other
reasons, may come from advisory and assistance services.
Information Technology
The Committee recommends $389,750,000 for Information
Technology, $65,734,000 below the amount requested and
$27,029,000 below the amount provided in fiscal year 2013.
The Committee does not include the requested $42,246,000 as
a transfer from the FAMS and has reduced funding an additional
$22,774,000 to help offset the budgetary shortfall due to
reliance on unauthorized aviation security fees. The Committee
expects Information Technology to fully absorb the proposed
realignment of support functions from FAMS within the amount
recommended.
Covert Testing
The Committee supports the continued use of covert testing
to help identify vulnerabilities in critical systems and
directs TSA to aggressively probe, challenge, and improve
transportation security systems. As in previous years, the
Committee directs TSA to brief the Committees semiannually on
its red teaming and covert testing activities, including
testing results at airport checkpoints, in secure areas of
airports, at air cargo facilities, and in other transportation
modes. TSA should also report on critical operational errors
and equipment failures.
Account Structure and Availability of Appropriations
The Committee intends the availability of appropriations
for TSA to parallel that applying to other agencies funded in
this bill, including a PPA structure reflecting one-year
availability of appropriations for Personnel Compensation and
Benefits, with a longer availability for investment
expenditures.
FEDERAL AIR MARSHAL SERVICE
Appropriation, fiscal year 2013*...................... $906,849,000
Budget request, fiscal year 2014...................... 826,522,000
Recommended in the bill............................... 821,107,000
Bill compared with:
Appropriation, fiscal year 2013................... -85,742,000
Budget request, fiscal year 2014.................. -5,415,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Federal Air Marshal Service (FAMS) provides security
for the Nation's civil aviation system through the effective
deployment of armed Federal agents to detect, deter, and defeat
hostile acts targeting U.S. air carriers, airports, passengers,
and crews.
Recommendation
The Committee recommends $821,107,000 for FAMS, $5,415,000
below the amount requested and $85,742,000 below the amount
provided in fiscal year 2013. Of the total funding provided,
$709,254,000 is for Management and Administration, $5,415,000
below the amount requested and $83,738,000 below the amount
provided in fiscal year 2013, and $111,853,000 is for Travel
and Training, the same as the amount requested and $2,004,000
below the amount provided in fiscal year 2013.
This funding decrease reflects the permanent realignment
and integration of support functions from the FAMS
appropriation to TSA's Airport Management and Support,
Headquarters Administration, and Information Technology PPAs.
However, as previously stated, the Committee expects
Headquarters to fully absorb the realignment of support
functions from FAMS within the amount recommended. The
Committee believes that this funding level will provide
adequate resources to ensure coverage of all high-risk
international and domestic flights. Additional detail is
included in the classified annex of this report.
The Committee notes that there are additional law
enforcement resources to complement the presence of FAMS. This
includes Federal Flight Deck Officers (FFDOs), which the
Committee recommends funding at $12,353,000 (as opposed to
elimination of the program proposed in the President's
request). In addition, the large number of Federal law
enforcement officers and agents who fly offer a significant
potential to leverage the FAMS operation. The Committee notes
that there have been several attempts to leverage this
population, which could serve as a force multiplier, or
possibly a ``surge'' capability in response to increased threat
environments, but none were adopted. Therefore, the Committee
directs TSA to submit a report not later than 45 days after the
date of enactment of this Act outlining the best options for
leveraging the Federal law enforcement population to supplement
FAMS resources, including a detailed description and status
update of what the Department is doing to develop such options
beyond a notional phase.
The Committee expects FAMS staffing levels and deployment
patterns to optimize coverage of flights so as to address known
threats, minimize risk, and complement the full range of
security resources available to TSA. It remains essential that
TSA provide the Committee information about the analysis
underpinning its staffing, scheduling and resource
requirements. The Committee therefore directs TSA to brief the
Committees on Appropriations not later than 90 days after the
date of enactment of this Act on its optimal mix of staff; the
types and frequency of flights for which FAMS coverage should
be provided; and any legislative or regulatory changes that
might be required to improve operations and overall aviation
security. The Committee directs TSA to continue to submit
quarterly reports on mission coverage, staffing levels, and
hiring rates as in past years.
Coast Guard
OPERATING EXPENSES
Appropriation, fiscal year 2013*\1\................... $6,813,961,000
Budget request, fiscal year 2014\2\................... 6,755,838,000
Recommended in the bill\2\............................ 6,839,416,000
Bill compared with:
Appropriation, fiscal year 2013................... +25,455,000
Budget request, fiscal year 2014.................. +84,033,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
\1\Does not include funding for the Global War on Terrorism/Overseas
Contingency Operations.
\2\Does not include funds for Global War on Terrorism/Overseas
Contingency Operations requested under Navy, Operations and
Maintenance.
Mission
The Coast Guard is the principal Federal agency charged
with maritime safety, security, and stewardship. The Operating
Expenses appropriation provides funding 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. This is the
primary appropriation financing the operational activities of
the Coast Guard.
Recommendation
The Committee recommends a total appropriation of
$6,839,416,000 for Operating Expenses. The recommended funding
level is $84,033,000 above the amount requested and $25,455,000
above the amount provided in fiscal year 2013. The Committee's
recommendation for Coast Guard Operating Expenses excludes
funds requested to support the Global War on Terrorism/Overseas
Contingency Operations.
The Committee recommends full funding for the military pay
raise included in the fiscal year 2014 request.
The Committee recommends the following increases above the
budget request: $32,000,000 to reduce the backlog in critical
depot level maintenance; $7,721,000 to prevent the proposed
retirement of two HC-130H aircraft, which will restore
approximately 1,600 operating hours; $43,066,000 to restore
cuts to training; and $6,946,000 to restore one of the two High
Endurance Cutters proposed for decommissioning, which will
restore approximately 1,665 cutter hours to support counter-
drug operations in source and transit zones. The Committee
denies the request to close two seasonal air facilities.
A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Military Pay and Allowances....... $3,425,306,000 $3,440,053,000
Civilian Pay and Benefits......... 784,097,000 779,011,000
Training and Recruiting........... 181,617,000 216,588,000
Operating Funds and Unit Level 1,061,567,000 1,065,083,000
Maintenance......................
Centrally Managed Accounts........ 318,856,000 319,307,000
Depot Level Maintenance........... 983,940,000 1,019,374,000
-------------------------------------
$6,755,383,000 $6,839,416,000
------------------------------------------------------------------------
Rejection to Proposed Cuts to Reduce Operations
Throughout this bill, the Committee prioritizes funding to
frontline security operations and essential personnel across
DHS--rejecting the false ``tradeoff'' between security and
spending restraint presented by the Administration. Over the
last several years, the Department has continually requested a
substantial reduction in funding that would degrade the Coast
Guard's operational capabilities and military workforce without
proposing a compensatory proposal to rebuild the depleted
capacity in the long term by investing in recapitalized assets.
Those proposals had obvious, adverse implications for the Coast
Guard's critical statutory missions of maritime safety, coastal
security, and drug interdiction; ignored current threat
activity and the ramifications for the Department's broader
security and response efforts; and were resoundingly rejected
by Congress.
The fiscal year 2014 proposal is even more egregious, and
gives the impression that this Administration does not
appropriately value the work of the Coast Guard. It includes
the lowest level of drug interdiction effectiveness in the past
five years and reduces recapitalization funding to
unsustainable levels. Over the past decade when our Nation has
called for help, the Coast Guard has responded: they responded
on the morning of 9/11 by helping untold numbers of people
evacuate the devastation of lower Manhattan; they responded
during the aftermath of Katrina by saving survivors stranded on
rooftops; they responded by being the first to arrive in Haiti
after an earthquake hit the country and killed thousands; and
more recently, they responded to the worst oil spill in the
history of our Nation. If the country intends for the Coast
Guard of tomorrow to be as effective as the Coast Guard we have
today, and have depended on for decades, these reductions must
be resoundingly rejected. Within the recommendation, the
Committee has made targeted increases to address the inadequacy
of the Department's request--adding capacity to the Coast Guard
for today and for tomorrow.
Resources for the Global War on Terrorism
The Committee does not recommend funding under this heading
for the costs of the Coast Guard's support for the Global War
on Terrorism and Overseas Contingency Operations. Instead, the
fiscal year 2014 budget request includes these funds via a
permissive transfer from Operations and Maintenance, Navy. The
Committee concurs with this decision, since the funds requested
are based on the needs of the Combatant Commander, which will
not be fully defined until the year of execution. As future
plans evolve, the Navy may transfer the amounts as needed to
the Coast Guard for the expenses incurred based on requests for
forces from the Combatant Commander.
The Coast Guard is directed to notify the Committees within
five days of a transfer of funds from Operations and
Maintenance, Navy to Coast Guard, Operating Expenses. The
notification shall include a detailed justification for the
funds and how the funds are allocated across PPAs.
Enhancements to Depot Level Maintenance
The Committee recommends an additional $32,000,000 above
the amount requested for enhancements to critical depot level
maintenance programs. Additional funds are intended to
replenish repair parts and execute backlogged and deferred
critical depot level maintenance for assets, including:
$19,000,000 to address maintenance requirements for aging
cutters and improve the availability performance of the 210-
foot and 270-foot medium endurance cutter fleets; and
$13,000,000 to address a recurring parts shortfall that is
reducing aircraft availability and surge capacity.
Mission Needs Statement
No Administration has ever proposed a budget that begins to
close the mission hour gap the Coast Guard created on paper
when it rebaselined its acquisition programs after 9/11. As
highlighted by the GAO, the Coast Guard acquisition program is
unachievable--particularly if the Coast Guard will be limited
to a Capital Investment Plan (CIP) that is less than
$1,000,000,000 per year for the next five years as is provided
in the current plan. The Coast Guard's acquisition budget has
grown dramatically in the years since 9/11, but, particularly
in light of the steep and dramatic cuts proposed in this year's
CIP, there is no reason to believe the gaping space between the
1998 baseline and the 2004 baseline will ever close in any
significant way for aircraft or patrol boats. The mission hour
target dropped for major cutters in the 2004 rebaselining, but
remains unattainable through 2030 since it appears to assume
the production of two Offshore Patrol Cutters (OPC) per year.
However, even if the OPC currently under source selection meets
the requirements laid out in the Coast Guard's Operational
Requirements Document, it seems unlikely at the levels included
in the CIP that such a program would be sustainable. Therefore,
the Committee directs the Coast Guard to begin the process of
developing a new mission needs statement that takes into
account today's fiscal environment. If the Administration truly
plans for the Coast Guard funding level to be what was
presented in the Fiscal Year 2014 CIP, then this process should
also address what missions the Coast Guard will no longer be
able to achieve. The Committee notes that in the Fiscal Year
2014 Coast Guard Budget Hearing, the Commandant commented that
the patrol boat hour requirement was ``specious''. The
Committee cannot continue to accept a requirements document
that is doubted by the senior leader of the Coast Guard. In
order to plan for the future, the Coast Guard must match
requirements to resources and provide an achievable plan.
Columbia River Crossing Bridge Permitting
The Coast Guard is currently in the process of reviewing
the permit request for a new Columbia River Crossing bridge
between Portland, Oregon and Vancouver, Washington. While there
are many advantages to building a new bridge, the Committee is
concerned with the proposed clearance height of the planned
bridge, which would significantly limit navigation of the river
by users up river. This inability to navigate may lead to
devastating economic losses for the impacted users and could
also negatively affect the surrounding communities. Over
$500,000,000 in economic activity each year could be lost in
addition to terminating 500 jobs in the surrounding area. This
significant obstruction to the free flow of navigation on the
Columbia River is very troubling. Furthermore, mitigation is
limited for affected river users because the existing
infrastructure cannot be replicated. To address these concerns,
the Committee directs the Coast Guard to consider the economic
impacts of the planned bridge including impacts due to lost use
of the waterway and to therefore, ensure that, within reason,
the river commerce is not blocked. The Coast Guard shall
provide a report to the Committee on those economic impacts and
any proposed mitigation activities to address lost access to
the waterway. The Coast Guard shall provide this report prior
to issuing a permit for the bridge.
STRONG Act Implementation
The Committee is concerned that the Coast Guard has yet to
implement an expedited request for transfer policy for victims
of sexual assault. The Committee directs the Coast Guard to
adapt and implement provisions to conform with the spirit and
intent of the STRONG Act as enacted by the National Defense
Authorization Act for Fiscal Year 2012, (Public Law 112-81) to
apply to Coast Guard service members with all deliberate speed.
The Coast Guard shall report to the Committee on the
implementation status of this policy not later than July 15,
2013.
Fishing Safety Training
The Committee encourages the Coast Guard to fully comply
with Section 604 of the Coast Guard Reauthorization Act of 2010
which authorizes competitive grants for a Coast Guard-certified
Fishing Safety Training Grants Program. Once fully implemented,
this program could provide irreplaceable training that prevents
injuries and saves countless lives to include hands on training
that is essential to the safety and future of commercial
fishermen.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriation, fiscal year 2013*...................... $13,138,000
Budget request, fiscal year 2014...................... 13,187,000
Recommended in the bill............................... 13,164,000
Bill compared with:
Appropriation, fiscal year 2013................... +26,000
Budget request, fiscal year 2014.................. -23,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Environmental Compliance and Restoration appropriation
assists in bringing Coast Guard facilities into compliance with
applicable Federal, State and environmental regulations,
preparing and testing facilities' response plans, developing
pollution and hazardous waste minimization strategies,
conducting environmental assessments, and furnishing necessary
program support. These funds permit the continuation of a
service-wide program to correct environmental problems, such as
major improvements of storage tanks containing petroleum and
regulated substances. The program focuses mainly on Coast Guard
facilities, but also includes third party sites where Coast
Guard activities have contributed to environmental problems.
Recommendation
The Committee recommends $13,164,000 for Environmental
Compliance and Restoration, $23,000 below the amount requested
and $26,000 above the amount provided in fiscal year 2013.
The Coast Guard is directed to submit an itemized
expenditure plan for each project listed in the backlog report
to the Committees with its annual budget submission.
RESERVE TRAINING
Appropriation, fiscal year 2013*...................... $132,395,000
Budget request, fiscal year 2014...................... 109,543,000
Recommended in the bill............................... 112,991,000
Bill compared with:
Appropriation, fiscal year 2013................... -19,404,000
Budget request, fiscal year 2014.................. +3,448,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
This appropriation provides for the training of qualified
individuals who are available for active duty in time of war or
national emergency or to augment regular Coast Guard forces in
the performance of peacetime missions. Program activities fall
into the following categories:
Initial training.--The direct costs of initial
training for three categories of non-prior service
trainees;
Continued training.--The training of officer and
enlisted personnel;
Operation and maintenance of training facilities.--
The day-to-day operation and maintenance of reserve
training facilities; and
Administration.--All administrative costs of the
reserve forces program.
Recommendation
The Committee recommends $112,991,000 for Reserve Training,
$3,448,000 above the amount requested and $19,404,000 below the
amount provided in fiscal year 2013. This partially restores
funding to prevent the reduction of full time support personnel
and to prevent the transfer of Reservists to the Inactive Ready
Reserve.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriation, fiscal year 2013*...................... $1,543,850,000
Budget request, fiscal year 2014...................... 951,116,000
Recommended in the bill............................... 1,222,712,000
Bill compared with:
Appropriation, fiscal year 2013................... -321,138,000
Budget request, fiscal year 2014.................. +271,596,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Acquisition, Construction, and Improvements
appropriation finances the acquisition of new capital assets,
construction of new facilities, and physical improvements to
existing facilities and assets. The appropriation covers Coast
Guard-owned and operated vessels, aircraft, shore facilities,
and other equipment such as computer systems, as well as the
personnel needed to manage acquisition activities.
Recommendation
The Committee recommends $1,222,712,000 for Acquisition,
Construction, and Improvements, $271,596,000 above the amount
requested and $321,138,000 below the amount provided in fiscal
year 2013.
The Committee recommends significant restructuring of
numerous programs to align funding with the requirements in the
fiscal year of need. Further, the recommendation provides
funding for programs that have a proven track record, are low
risk, have known costs, and provide increased capability.
The Committee recommends a net reduction of $12,447,000
requested for the National Security Cutter (NSC).
The Committee recommends the following rescissions in Title
V of this bill from prior year accounts: from funds provided in
fiscal year 2010, $13,000,000 from Integrated Deepwater Systems
and $1,500,000 from funds for the High Endurance Cutter
program; from funds provided in fiscal year 2011, $9,000,000
from the Integrated Deepwater Systems program and $12,612,000
for excessive antecedent liability and economic price
adjustment funding in the Fast Response Cutter (FRC) program;
from funds provided in fiscal year 2012, $8,500,000 from funds
for Major Shore and Major Acquisition Systems Infrastructure,
$2,000,000 from funds for the MH-60 program, $1,000,000 from
funds for the Other Systems Engineering and Integration
program, and $29,500,000 from funds for the FRC to include
$22,500,000 for excessive antecedent liability and economic
price adjustment funding; and from funds provided in fiscal
year 2013, $22,000,000 for excessive antecedent liability and
economic price adjustment funding in the FRC program,
$10,480,000 from the NSC program to include $5,000,000 for a
post shakedown availability for NSC 4, $1,882,000 for a gantry
crane and davit for NSC 6, and $3,598,000 for waterfront
changes associated with NSC 6.
The Committee recommends the following increases above the
amount requested: an increase of $130,000,000 above the amount
requested for two additional FRCs; an increase of $30,000,000
for the replacement costs of two MH-60 helicopters; an
additional $15,000,000 for C4ISR; an additional $91,710,000 for
one missionized Long Range Surveillance Aircraft; and an
increase of $77,000,000 for long lead time materials for NSC 8.
A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Vessels
In-service Vessel Sustainment. $21,000,000 $21,000,000
Cutter Small Boats............ 3,000,000 3,000,000
Fast Response Cutter (FRC).... 75,000,000 205,000,000
National Security Cutter (NSC) 616,000,000 603,553,000
Offshore Patrol Cutter (OPC).. 25,000,000 25,000,000
Polar Ice Breaking Vessel..... 2,000,000 2,000,000
Survey and Design-Vessels and 1,000,000 1,000,000
Boats........................
-------------------------------------
Subtotal, Vessels......... 743,000,000 860,553,000
Aircraft
Long Range Surveillance 16,000,000 107,710,000
Aircraft.....................
Airframe Replacement.......... ................. 30,000,000
HH-65 Acquisition/Conversion/ 12,000,000 12,000,000
Sustainment..................
-------------------------------------
Subtotal, Aircraft........ 28,000,000 149,710,000
Other Equipment
C4ISR......................... 35,226,000 50,226,000
Government Program Management. 10,000,000 10,000,000
Nationwide Automatic 13,000,000 13,000,000
Identification System........
CG-LIMS....................... 1,500,000 1,500,000
System Engineering and 204,000 204,000
Integration..................
-------------------------------------
Subtotal, Other Equipment. 59,930,000 74,930,000
Shore Facilities and Aids to
Navigation
Major/Minor construction; 2,000,000 2,000,000
Housing; ATON; and survey &
design.......................
Military Housing.............. ................. 18,000,000
Minor Shore................... 3,000,000 3,000,000
-------------------------------------
Subtotal, Shore Facilities 5,000,000 23,000,000
and Aids to Navigation...
Personnel and Related Support
AC&I Core..................... 439,000 439,000
Direct Personnel Costs........ 114,747,000 114,080,000
-------------------------------------
Subtotal, Personnel and 115,186,000 114,519,000
Related Support..........
-------------------------------------
Total, Acquisition, $951,116,000 $1,222,712,000
Construction, and
Improvements.........
------------------------------------------------------------------------
Quarterly Reports on Acquisition Projects and Mission Emphasis
The Commandant is directed to continue to brief the
Committee quarterly on all major acquisitions consistent with
the direction in the conference report accompanying Public Law
112-74.
Capital Investment Plan
The Committee is concerned by the Coast Guard's repeated
noncompliance with the requirement in Public Law 112-74 to
submit a CIP to Congress with the submission of the budget. To
address these concerns, the Committee has withheld significant
funds from various Headquarters' offices, to include
$167,683,000 from Coast Guard Headquarters offices until the
CIP is submitted. This level of withholding is consistent with
the withholdings in Title I of this bill.
The Coast Guard is directed to submit a CIP in accordance
with the specified requirements listed in the bill in
conjunction with the budget submission for fiscal year 2015.
The Committee continues to believe the CIP serves as the
primary means of oversight for tracking the Coast Guard's
recapitalization efforts and therefore must be submitted in
accordance with mandated timelines. The failure of the Coast
Guard to submit the required information in a timely manner
hinders the Committee's oversight responsibility and forces
budgetary decisions to be made with limited program
information.
Full Funding
The Committee included a new general provision in fiscal
year 2013 to address the lack of clarity in certain programs
with respect to budgeting for long lead-time materials, end
items, outfitting, post-delivery activities, spares, program
management, and contract closeout. However, it is clear that
the Department has chosen to ignore that direction based on
this year's request for the NSC. Similar to the fiscal year
2013 request, the fiscal year 2014 request for the NSC includes
funding for post-delivery activities of the seventh NSC that
will not occur until fiscal year 2019 and does not request
funding for the long lead time materials for NSC 8, even though
the Department plans to procure an eighth NSC in fiscal year
2015.
Section 557 of Public Law 113-6 specifically addressed
these issues by mandating the Department develop a fiscal
policy that prescribes budgetary policies, procedures, and
technical direction necessary to comply with the section's
definitions of full funding. To further address this issue, the
Committee includes a new provision in Title V of this bill
directing the Department to provide a report with the
submission of the President's fiscal year 2015 budget that
details its compliance with section 557 of Public Law 113-6.
Obligation Work Limiting Date
The Committee directs the Coast Guard to establish guidance
consistent with the Department of the Navy shipbuilding and
construction guidance as it relates to the establishment of an
obligation work limiting date for vessel construction. This
will ensure that issues relating to construction of a vessel
are funded by the Acquisition, Construction and Improvement
appropriation as opposed to the Operating Expenses
appropriation.
National Security Cutter
The Committee recommends $603,553,000 for the NSC program
to include long lead time material for NSC 8, $12,447,000 below
the amount requested and $75,068,000 below the amount provided
in fiscal year 2013. The recommendation includes a decrease of
$12,447,000 for contract savings associated with the contract
for the sixth NSC. The recommendation also defers funding for
post-delivery activities that are requested unnecessarily ahead
of need.
Fast Response Cutter
The Committee recommends $205,000,000 for the acquisition
of four FRCs, $130,000,000 above the amount requested and
$129,665,000 below the amount provided in fiscal year 2013.
The fiscal year 2014 budget request included funding for
only two FRCs. This represents almost $30,000,000 in savings
that will not be realized and delays the delivery of much
needed capability. This is the same type of budget gimmickry
the Department proposed and Congress rejected in fiscal year
2013. It is unclear as to how the Department plans to close the
various gaps in needed capability if it continues to make such
ineffective and unjustified budget requests.
Polar Ice Breaker Vessel
The Committee recommends $2,000,000 for the polar
icebreaker program, the same as the amount requested, and
$5,992,000 below the amount provided in fiscal year 2013.
H-60 Helicopter
The Committee recommends $30,000,000 for the aircraft
replacement of two H-60 helicopters, an increase of $30,000,000
above the amount requested and $16,041,000 above the amount
provided in fiscal year 2013. The Coast Guard continues to
successfully modify former Navy Seahawk helicopters--which
provide greater capability a lower cost. This funding will
allow for the conversion of two additional helicopters and
assist in replacement of assets lost in the line of duty.
HC-130J Aircraft
The Committee recommends $107,710,000 for long range
surveillance aircraft, an increase of $91,710,000 above the
amount requested and $17,800,000 above the amount provided in
fiscal year 2013. The Committee is concerned that while the
Department has approved a program baseline for additional long
range surveillance aircraft, they have decimated the total
funding for recapitalization for the aircraft in the submitted
CIP. The Department is urged to align the approved mission
requirements with the appropriate level of funding needed to
realize those requirements. Otherwise, it is unclear as to the
value of either approved baselines, stated mission
requirements, or out year planning.
Military Housing
The Committee recommends $18,000,000 for military housing,
$18,000,000 above the amount requested and $8,010,000 above the
amount provided in fiscal year 2013. These funds assist in
closing the family housing gaps that exist at various Coast
Guard locations.
The Coast Guard is directed to submit an expenditure plan
for these funds to the Committee not later than 30 days after
the date of enactment of this Act. Further, none of the funds
included above the request may be obligated until five days
after the Coast Guard briefs the Committee on the expenditure
plan for the funds.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriation, fiscal year 2013*...................... $19,671,000
Budget request, fiscal year 2014...................... 19,856,000
Recommended in the bill............................... 9,928,000
Bill compared with:
Appropriation, fiscal year 2013................... -9,743,000
Budget request, fiscal year 2014.................. -9,928,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
Research, Development, Test, and Evaluation allows the
Coast Guard to maintain its non-homeland security research and
development capability, while also partnering with DHS and the
Department of Defense to leverage beneficial initiatives.
Recommendation
The Committee recommends $9,928,000 for Research,
Development, Test, and Evaluation, $9,928,000 below the amount
requested and $9,743,000 below the amount provided in fiscal
year 2013. The Committee has consistently expressed dismay with
the unacceptable lack of detailed information provided by the
Coast Guard in the Congressional budget justification for this
account. However, the Coast Guard continually defies this
direction and provides the same insufficient justification
year-after-year. Based on this lack of justification, the
Committee recommends a reduction of $9,982,000 and directs the
Coast Guard to work with the Committee to fully justify future
funding requests. Additionally, due to the lack of
justification for the need for multiyear funds, the Committee
recommends only two years of availability for the account
instead of five years, as has been provided in previous years.
Further, the Committee directs the Coast Guard to submit
the budget for fiscal year 2015 with a new ``Salaries and
Expenses'' PPA and a ``Research'' PPA to provide oversight of
funding requests and execution. Within the new ``Research''
PPA, the Committee directs the Coast Guard to include in the
budget justification for fiscal year 2015 the following
information for each project in excess of $100,000: project
description, justification and scope; prior year key events,
current year planned key events and budget year key events;
funding history; available funding spend plan (projected
obligations by year appropriated); contract information;
project schedule; and type of research (basic; applied;
advanced technology development; advanced component development
and prototypes; or system development and demonstration),
technical readiness level (as applicable) and transition plans.
MEDICARE ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTION\1\
Appropriation, fiscal year 2013*...................... $202,797,000
Budget request, fiscal year 2014...................... 201,000,000
Recommended in the bill............................... 201,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,797,000
Budget request, fiscal year 2014.................. - - -\1\This account is a permanent indefinite discretionary budgetary
activity and is not carried in the bill.
*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Medicare-eligible retiree health care fund contribution
provides funding for the Department of Defense Medicare-
eligible health care fund for the health benefits of future
Medicare-eligible retirees currently serving on active duty in
the Coast Guard, retiree dependents, and their potential
survivors. The authority for the Coast Guard to make this
payment on an annual basis was provided in the Department of
Defense Appropriations Act for Fiscal Year 2005.
Recommendation
While this account requires no annual action by Congress,
the Committee provides $201,000,000 to fund the Medicare-
eligible retiree health care fund contribution, the same as the
request and $1,797,000 below the amount provided in fiscal year
2013.
RETIRED PAY
Appropriation, fiscal year 2013*...................... $1,423,000,000
Budget request, fiscal year 2014...................... 1,460,000,000
Recommended in the bill............................... 1,460,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +37,000,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
This appropriation provides for the retired pay of Coast
Guard military personnel and Coast Guard Reserve personnel, as
well as career status bonuses for active duty personnel.
Additionally, it provides payments to members of the former
Lighthouse Service and beneficiaries pursuant to the retired
serviceman's family protection plan and survivor benefit plan,
as well as payments for medical care of retired personnel and
their dependents under the Dependents' Medical Care Act.
Recommendation
The Committee recommends $1,460,000,000 for Retired Pay,
the same as the amount requested and $37,000,000 above the
amount provided in fiscal year 2013. The Committee includes
bill language that allows funds to remain available until
expended. The Coast Guard's Retired Pay appropriation is a
mandatory budgetary activity.
United States Secret Service
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $1,554,358,000
Budget request, fiscal year 2014...................... 1,494,614,000
Recommended in the bill............................... 1,534,589,000
Bill compared with:
Appropriation, fiscal year 2013................... -19,769,000
Budget request, fiscal year 2014.................. +39,975,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The United States Secret Service has statutory authority to
carry out two primary missions: protection of the Nation's
leaders and investigation of financial and electronic crimes.
The Secret Service protects and investigates threats against
the President and Vice President, their families, visiting
heads of State, and other designated individuals; protects the
White House, Vice President's Residence, foreign missions, and
other buildings within Washington, D.C.; and manages the
security at National Special Security Events (NSSEs). The
Secret Service also investigates violations of laws relating to
counterfeiting of obligations and securities of the United
States; financial crimes that include, but are not limited to,
access device fraud, financial institution fraud, identity
theft, and computer fraud; and computer-based attacks on
financial, banking, and telecommunications infrastructure. The
agency also provides support for investigations related to
missing and exploited children.
Recommendation
The Committee recommends $1,534,589,000 for Salaries and
Expenses, $39,975,000 above the amount requested and
$19,769,000 below the amount provided in fiscal year 2013.
Within the total, $919,928,000 is for costs associated with the
core protective missions, $6,568,000 above the amount requested
and $64,908,000 below the amount provided in fiscal year 2013,
including a reduction of $57,902,000 associated with candidate
nominee protection, reflecting the winding down of the
Presidential campaign. The recommendation includes $369,560,000
for investigations, $22,169,000 above the request, to reflect
sustaining forensic support and grant assistance for
investigations on missing and exploited children, increasing
support for electronic crimes investigations, and realigning
support for operations of the National Computer Forensics
Institute (NCFI) to the Secret Service, all described in more
detail below.
The recommendation includes $4,500,000, as requested, for
contingencies associated with NSSEs in fiscal year 2014.
A comparison of the budget estimate to the Committee
recommended levels, by budget activity, is as follows under the
current PPA structure:
------------------------------------------------------------------------
Budget estimate Recommended
------------------------------------------------------------------------
Protection:
Protection of Persons and $841,078,000 $848,263,000
Facilities...................
Protective Intelligence 67,782,000 67,165,000
Activities...................
National Special Security 4,500,000 4,500,000
Event fund...................
-------------------------------------
Subtotal, Protection...... 913,360,000 919,928,000
Investigations:
Domestic Field Operations..... 316,433,000 330,391,000
International Field Office 30,958,000 30,811,000
Administration, Operations,
and Training.................
Support for Missing and - - - 8,358,000
Exploited Children...........
-------------------------------------
Subtotal, Investigations.. 347,391,000 369,560,000
Headquarters, Management and 177,282,000 188,964,000
Administration...................
Rowley Training Center............ 55,552,000 55,118,000
Information Integration and 1,029,000 1,019,000
Technology Transformation........
-------------------------------------
Total, Salaries and $1,494,614,000 $1,534,589,000
Expenses.............
------------------------------------------------------------------------
The budget request proposed a reorganization of the
Salaries and Expenses appropriation into an Operating Expenses
appropriation, regrouping PPA categories to align with mission
requirements, consolidating personnel costs and facilitating
financial execution and reporting.
The Committee retains the current account structure for
PPAs, with the following consolidations requested in the
budget: White House mail screening is now funded within the
``Protection of Persons and Facilities'' PPA, and the
Electronic Crimes Special Agent Program (ECSAP) and Electronic
Crimes Task Forces (ECTF) are now funded within Domestic Field
Operations.
The Committee does not agree with the proposal to reduce
the number of PPAs to five, with single PPAs for pay and
benefits, protection, and investigations. The Secret Service
has stated that because the current PPA structure spreads pay
and expenses across many programs, it is constantly challenged
by having to balance shifting demands between protection and
investigations, and as a result, must either submit formal
reprogramming requests, or employ inefficient financial
management to avoid them. The Committee understands this
argument, particularly as it applies to the Secret Service
field office organization, where the same agents may be
involved in both protective operations and a variety of
investigations efforts. While the Committees maintained the
current PPA structure in fiscal year 2013, some flexibility is
provided in statute to the Secret Service to reprogram
$15,000,000 or 10 percent, whichever is lower, between the
``Protection of Persons and Facilities'' PPA and the ``Domestic
Field Operations'' PPA.
The Committee understands the Secret Service is developing
a financial reporting system that it asserts will enable it to
report enterprise-wide labor costs on a timelier basis. The
Committee will continue to work with the Secret Service to
analyze the benefits associated with utilizing this reporting
system.
Domestic Field Operations and Electronic Crimes Investigations
In fiscal year 2013, Congress provided a partial account
consolidation that included incorporation of the previously
separate PPA for ECSAP and ECTF into the ``Domestic Field
Operations'' PPA. This consolidation did not reflect any
dissatisfaction with the ECSAP or ECTF programs; on the
contrary, the Committee found that those activities have proven
highly productive and deserve strong support. Because the
investigation of these crimes requires highly technical
training in computer forensics, and recognizing that the Secret
Service is a ``frontline'' operational agency, the Committee's
focus is on the integration of new technology into the agency's
operations. The Committee supports the efforts of the Secret
Service through its ECSAP, and its leadership of a network of
ECTFs comprised of Federal, State, and local law enforcement
partners, the financial and information technology industries,
and academic and research communities.
The ECSAP was established to provide special agents with
basic and advanced computer forensics training in order to
conduct investigative examinations on evidence obtained from
computers, personal data assistants, and other forms of
electronic media. As a result, the Secret Service is
continually recognized as one of the most effective U.S.
Government agencies for combating cyber-crime and for providing
training and education for State and local law enforcement. In
order to continue and expand the Secret Service's efforts
against electronic crimes, the Committee recommends a denial of
the transfer of $4,000,000 to the Federal Law Enforcement
Training Center (FLETC), as requested in the President's
budget, to support the NCFI. Therefore, the Committee supports
the current alignment of funds for NFCI within the Secret
Service's budget, and recommends $60,968,000, $4,000,000 above
the amount requested and $4,000,000 above the amount provided
in fiscal year 2013, to continue and enhance current Secret
Service initiatives, support ECSAP and the ECTF, and increase
efforts for basic and advanced computer forensics training.
While ECSAP and ECTF no longer have separate reporting and
reprogramming lines, the Committee expects: (1) to receive
periodic briefings on the status of investigations; (2) to see
the funding and programmatic efforts sustained; and (3) the
associated funding and personnel resources to continue to be
identified in future budgets. Further, the Committee directs
the Secret Service to continue coordinating with NPPD as the
subject matter experts to ensure the curriculum is sound and
consistent with current risk and threat, and to avoid
duplication and ensure efficiency.
National Center for Missing and Exploited Children
The National Center for Missing and Exploited Children,
(NCMEC) was created in 1984 to serve as the Nation's resource
on the issues of missing and sexually exploited children. The
organization provides information and resources to law
enforcement, parents, and children, including child victims, as
well as other professionals. Under the provisions of the
Violent Crime Control Act of 1994, Congress directed the Secret
Service to provide forensic and technical assistance to NCMEC
and other Federal, State, and local law enforcement agencies in
matters involving missing and exploited children. NCMEC has
been the historical recipient of grant funding related to
missing and exploited children, and the Secret Service
currently provides investigative assistance and liaison to
NCMEC headquarters through the Secret Service Forensic Services
Division. The Committee supports continuing this effort and
therefore recommends sustaining the current funding level of
$2,358,000 for forensic and investigative support related to
missing and exploited children and $6,000,000 for grants
related to investigations of missing and exploited children.
National Special Security Events
The Committee provides $4,500,000, as requested, to defray
costs specific to Secret Service execution of its statutory
responsibilities to direct the planning and coordination of
NSSEs. The Committee continues a general provision in the Act
that provides that none of the funds in this Act may be used to
reimburse any Federal department or agency for its
participation in an NSSE.
The Committee directs the Secret Service to provide
periodic updates on NSSEs planned for fiscal year 2014 prior to
and following each event.
International Field Investigations
The Secret Service continues to show significant results
from its efforts to stop the counterfeiting of U.S. currency,
in concert with its counterparts in the Government of Colombia,
and is building on this effort in its field offices. The
Committee directs the Secret Service, in conjunction with the
DHS Office of Policy, to keep it informed of developments in
international investigative missions.
Technology Activities
The Committee provides $1,019,000 for information
integration and technology transformation activities of the
Secret Service, and directs the agency to brief the Committee
on all Secret Service information technology activities,
including the multi-year investment plan.
Attrition
The Committee is concerned that the President's budget
request creates a pay shortfall that results in the reduction
of at least 376 FTE from the Secret Service in fiscal year 2014
and fundamentally alters the dual mission requirements of the
Secret Service. At the current rate of attrition, by fiscal
year 2018 the Secret Service workforce would be decimated by
the loss of more than 1,500 FTE, far below the required
workforce level to successfully protect our Nation's leaders
and to investigate violations of laws relating to
counterfeiting. This is simply unacceptable. The Committee is
focused on funding the dual missions of the Secret Service and
addressing the potential security gaps that this budget request
creates. Therefore, to ensure the protection of our Nation's
leaders and the investigation of financial and electronic
crimes, the Committee recommends an additional $26,150,000 to
halt the current rate of attrition within the Secret Service,
including $13,600,000 to be applied to the Protection of
Persons and Facilities PPA; $9,150,000 for the Domestic Field
Operations PPA; and $3,400,000 for the Headquarters, Management
and Administration PPA. Within this recommended funding level,
the Secret Service shall align staffing resources with mission
requirements and the Committee directs the Secret Service to
provide a strategic human capital plan not later than 60 days
after the date of enactment of this Act for fiscal years 2014
through 2018, which addresses how mission requirements will be
met with current resources and delineates between protective
and investigative missions.
Permanent Change of Station Costs
The President's budget request proposes agency wide
efficiencies totaling $21,775,000, including a reduction of
$4,432,000 from Permanent Change of Station (PCS) moves that
would result in extending temporary assignments for agents and
their families. The Committee will not tolerate this reduction
to PCS, which would impose a severe burden on agents and their
families and harm agent morale. In order to more fully address
the shortfall in PCS funding, the Committee recommends an
additional $9,000,000 above the request for the Headquarters,
Management and Administration PPA.
Professionalism Reinforcement Working Group
The Secret Service recently reviewed its professional
standards of conduct and issued new guidance for procedures and
conduct of employees when engaged in overseas operations and
protective missions. The Committee directs the Secret Service
to provide a briefing not later than 90 days after the date of
enactment of this Act on the status of the Professionalism
Reinforcement Working Group review of Secret Service
professional standards of conduct; and their relationship to
training, policy and procedures, consistent with the agency's
critical missions and unique position of public trust.
ACQUISITION, CONSTRUCTION AND IMPROVEMENTS
Appropriation, fiscal year 2013*...................... $56,694,000
Budget request, fiscal year 2014...................... 51,775,000
Recommended in the bill............................... 51,775,000
Bill compared with:
Appropriation, fiscal year 2013................... -4,919,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
This account supports the acquisition, construction,
improvement, equipment, furnishing and related costs for
maintenance and support of Secret Service facilities, including
the Secret Service Memorial Headquarters Building and the James
J. Rowley Training Center (JJRTC). It also provides for ongoing
costs and investment for critical Information Integration and
Technology Transformation, a program to sustain the information
technology capabilities needed to support the Secret Service
protective and investigative missions.
Recommendation
The Committee recommends $51,775,000, the same amount as
requested and $4,919,000 below the amount provided in fiscal
year 2013. The Secret Service is directed to submit a multiyear
investment and management plan for its Information Integration
and Technology Transformation program for fiscal years 2015
through 2018.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection And Programs Directorate
MANAGEMENT AND ADMINISTRATION
Appropriation, fiscal year 2013*...................... $50,170,000
Budget request, fiscal year 2014...................... 64,725,000
Recommended in the bill............................... 50,522,000
Bill compared with:
Appropriation, fiscal year 2013................... +352,000
Budget request, fiscal year 2014.................. -14,203,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The National Protection and Programs Directorate (NPPD)
includes programs focused on the security of the Nation's
physical and cyber infrastructure and interoperable
communications systems. The Management and Administration
account funds the immediate office of the Under Secretary for
National Protection and Programs; provides for administrative
overhead costs such as IT support and shared services; and
includes a national planning office for development of standard
doctrine and policy for infrastructure protection and
cybersecurity.
Recommendation
The Committee recommends $50,522,000 for Management and
Administration, $14,203,000 below the amount requested and
$352,000 above the amount provided in fiscal year 2013.
The Committee recognizes that over the last five years
NPPD's Federal workforce has grown significantly to accommodate
its increasing operational mission, but that NPPD's Management
and Administration resources have not increased accordingly to
manage and serve this growing workforce. While the Committee is
aware that additional funding will need to be provided to
support essential management functions, the recommendation
reflects a reduction in funding needed in order to offset
significant shortfalls in the President's budget request for
DHS due to: (1) assumed increases in aviation passenger fee
collections that have yet to be authorized and that are not
under the jurisdiction of the Committee; (2) detrimental
proposals to severely reduce the Department's vital operational
components and frontline personnel; and (3) the repeated
failure to comply with statutory requirements. Additionally,
the Committee's is dissatisfied with NPPD for again failing to
provide testimony in a timely manner with respect to its fiscal
year 2014 budget hearing.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
Appropriation, fiscal year 2013*...................... $1,156,372,000
Budget request, fiscal year 2014...................... 1,201,994,000
Recommended in the bill............................... 1,176,629,000
Bill compared with:
Appropriation, fiscal year 2013................... +20,257,000
Budget request, fiscal year 2014.................. -25,365,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
Infrastructure Protection and Information Security (IPIS)
works to reduce the vulnerability of the Nation's critical
infrastructure, key resources, information technology networks,
and telecommunications systems to terrorist attacks and natural
disasters. IPIS is also responsible for maintaining effective
telecommunications for government users in national
emergencies, and for establishing policies and promoting
solutions for interoperable communications at the Federal,
State, and local level.
Recommendation
The Committee recommends $1,176,629,000 for IPIS,
$25,365,000 below the amount requested and $20,257,000 above
the amount provided in fiscal year 2013.
Within the total amount provided, the Committee recommends
$260,133,000 for Infrastructure Protection, $817,000 below the
amount requested and the same amount provided in fiscal year
2013. This decrease is due to the continued delays in the
implementation of the Chemical Facility Anti-Terrorism
Standards (CFATS) program and the Committee's concern with the
Infrastructure Security Compliance Division's (ISCD) inability
to mitigate real risks.
The Committee supports efforts to strengthen our Nation's
Cybersecurity and recommends $916,496,000 for Cybersecurity and
Communications, $24,548,000 below the amount requested and
$20,257,000 above the amount provided in fiscal year 2013.
However, as budgets continue to tighten, the Committee cannot
allow funds to sit idly for multiple fiscal years. Therefore,
reductions to the Network Security Deployment PPA are
attributable to carry over balances and the inability of the
NCSD to fully obligate the funds provided by Congress.
A comparison of the budget estimate to the Committee
recommended level is as follows:
----------------------------------------------------------------------------------------------------------------
Budget Request
Recommendation
----------------------------------------------------------------------------------------------------------------
Infrastructure Protection:
Infrastructure Analysis & Planning............................ $57,975,000 $66,144,000
Sector Management & Governance................................ 60,477,000 60,335,000
Regional Field Operations..................................... 56,708,000 56,550,000
Infrastructure Security Compliance............................ 85,790,000 77,104,000
---------------------------------------------
Subtotal, Infrastructure Protection....................... 260,950,000 260,133,000
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination.................................... 4,338,000 4,320,000
US-Computer Emergency Readiness Team Operations............... 102,636,000 102,486,000
Federal Network Security...................................... 199,769,000 199,725,000
Network Security Deployment................................... 406,441,000 382,367,000
Global Cybersecurity Management............................... 19,057,000 19,037,000
Critical Infrastructure Cyber Protection & Awareness.......... 73,043,000 73,013,000
Business Operations........................................... 5,125,000 5,089,000
---------------------------------------------
Subtotal, Cybersecurity................................... 810,409,000 786,037,000
Communications:
Office of Emergency Communications............................ 36,516,000 36,446,000
Priority Telecommunications Services.......................... 53,412,000 53,372,000
Next Generation Networks...................................... 21,160,000 21,158,000
Programs to Study and Enhance Telecommunications.............. 10,102,000 10,074,000
Critical Infrastructure Protection Programs................... 9,445,000 9,409,000
---------------------------------------------
Subtotal, Communications.................................. 130,635,000 130,459,000
---------------------------------------------
Subtotal, Cybersecurity and Communications................ 941,044,000 916,496,000
---------------------------------------------
Total, Infrastructure Protection and Information $1,201,994,000 $1,176,629,000
Security.............................................
----------------------------------------------------------------------------------------------------------------
Bombing Prevention
Within Infrastructure Protection, Bombing Prevention (BP)
leads and coordinates DHS efforts to enhance the Nation's
counter-improvised explosive device (C-IED) capabilities and
reduce the threat of explosive attacks against critical
infrastructure. BP aligns DHS and national efforts by
centralizing coordination of ongoing programs with national
policy goals and by recommending strategic adjustments based on
the understanding of global IED threats. BP systematically
identifies and assesses the Nation's capabilities to counter
IED threats and drives capability improvement through enhanced
strategy, investment, and planning-based resource optimization.
The Committee rejects the President's budget request to reduce
funding to BP by 39 percent and, therefore, recommends
$16,514,000 for Bombing Prevention, $8,257,000 above the amount
requested and $2,963,000 above the amount provided in fiscal
year 2013. The Committee directs NPPD to provide an expenditure
plan not later than 15 days after the date of enactment of this
Act, detailing how BP will utilize these funds, including how
it will more effectively apply lessons learned on improvised
explosive devices from the wars in Iraq and Afghanistan.
Chemical Facility Anti-Terrorism Standards
Section 550 of Public Law 109-295 authorized DHS to
regulate security at high-risk chemical plants and other
locations that maintain large quantities of potentially
dangerous chemicals. Authority to also regulate the sale or
transfer of ammonium nitrate fertilizer was granted to DHS in
Public Law 109-329. Since that time and in spite of ample
appropriations provided by Congress, the Department has made
only marginal progress in carrying out its regulatory
responsibilities for both the CFATS program and the Ammonium
Nitrate Security Program.
Based on a recently issued report by GAO, the ISCD has
improved its Security Plan Review Process. However, GAO has
reported to the Committee, and the Department has confirmed,
that its system for risk evaluation is not consistent with its
own CFATS regulations, or with the Department's basic standards
for risk evaluation which require that risk be evaluated by
weighing threat, vulnerability, and the consequence of
potential terrorist acts for each chemical facility. GAO found
that for CFATS covered facilities, consequence is only
partially considered, while threat and vulnerability are not
factored in at all. The risk-based process is the foundation of
CFATS. These facility evaluation gaps mean that basic building
blocks of the CFATS program are missing. Acknowledging these
gaps the Department has undertaken an experts' review process
to contemplate corrections in the risk evaluation process.
Despite this process, GAO estimates it could take another seven
to nine years to review the plans of thousands of facilities
that have already been assigned a final tier. In an effort to
comply with DHS's requirements, small and large businesses
alike have invested time and resources into the development of
their site security plans. Yet they are now asked to wait
nearly a decade to have those plans approved. Within that time,
technology changes, plans become outdated, and facilities
remain vulnerable to attack. This is simply unacceptable. The
Committee expects the Department to effectively manage programs
to mitigate serious risks.
Because NPPD has been challenged to meet the statutory
requirements of the CFATS program, the Committee directs NPPD
to provide a report to the Committees on Appropriations of the
Senate and the House and the relevant authorizing committees of
jurisdiction, to include the House Committees on Homeland
Security and on Energy and Commerce not later than 90 days
after the date of enactment of this Act explaining how ISCD
will further accelerate the review process for these
facilities, reduce the current backlog of approximately 3,120
facilities, and detail the actions DHS is taking to better
manage its chemical security program, including its progress in
addressing the recommendations in the GAO report (GAO-13-353)
and in implementing the associated action plan.
According to a recent report by DHS OIG, the CFATS program
has been slowed by inadequate tools and poorly executed
processes and implementation efforts that have resulted in
systematic noncompliance with sound Federal Government internal
controls. Unfortunately, ISCD chose not to concur with four of
the 24 recommendations the OIG made to correct these
deficiencies. In Recommendation #19, for example, ISCD
disagreed with an OIG finding that ISCD has made inappropriate
use of Administratively Uncontrollable Overtime (AUO), a form
of premium pay used to compensate employees who occupy
positions that require substantial amounts of irregular,
unscheduled overtime work. Chemical Security Inspectors have
received the maximum AUO allowable by OPM regulations; however,
the OIG was unable to determine a definitive rationale for why
inspectors receive AUO. AUO usage reviews were not conducted by
ISCD as required and, as a result, inspectors were
inappropriately paid approximately $2,000,000 in AUO for fiscal
year 2012. Consequently, the OIG recommended ISCD eliminate the
authorization and payment of AOU overtime for all ISCD
personnel.
The Committee will not tolerate anything less than sound
program management and it is concerned that chemical security
inspectors are continuing to be inappropriately paid AUO at the
same time that DHS is proposing to cut funding for vital
frontline security operations. The Committee expects NPPD to
comply with these recommendations and heed the advice of its
Inspector General. Accordingly, the Committee directs NPPD to
report quarterly on the status of its progress in complying
with all of the recommendations in the DHS OIG report and to
include an associated timeline for NPPD's compliance.
Furthermore, the Committee directs the Under Secretary of NPPD
to provide a detailed expenditure plan not later than September
30, 2014.
Personnel Surety Program
The Committee is determined to see NPPD establish a
functional and efficient Personnel Surety Program (PSP) and it
remains concerned with the proposal for personnel surety.
First, industry continues to assert that DHS should not mandate
how a covered chemical facility meets the personnel surety
standard, if the facility has already adopted strong and
identifiable personnel measures designed to verify and validate
identity, check criminal history, verify and validate legal
authorization to work, and identify individuals with terrorist
ties by utilizing a Federal vetting program. Second, as the new
screening program is currently designed, a facility still may
not be notified if a person has been identified in the TSDB.
While the Committee understands the need to protect ongoing
investigations, the liability concerns of allowing a person in
the TSDB into a chemical facility continues to concern the
Committee and industry stakeholders. Third, the Committee
remains concerned that DHS is not leveraging the existing
infrastructure within DHS and industry, as it would still
require facilities to provide identifying information even for
employees or visitors who have a TWIC card or another
credential that is issued only following screening against the
TSDB.
Last year, the Committee directed the Under Secretary of
NPPD to address these concerns prior to moving forward with a
personnel surety program and the Committee is encouraged by the
fact that, following input from stakeholders, NPPD recently
published an Information Collection Request in the Federal
Register that made numerous changes to the original proposal,
including: (1) an option to comply with Risk Based Performance
Standard-12(iv) electronically using TWIC readers or other
authorized technology; (2) an opportunity for high-risk
chemical facilities to propose alternative methods for meeting
RBPS-12(iv) in their Site Security Plans or Alternative
Security Programs; (3) the option for a CFATS covered chemical
facility to identify third parties to enter information into
the web portal for the PSP on its behalf; and (4) an
acknowledgment that high-risk chemical facilities may be
contacted by DHS or Federal law enforcement as a part of law
enforcement investigative activity. However, the Committee
believes DHS and NPPD should more consistently engage with
stakeholders on the structure of the PSP and encourages NPPD to
more effectively address stakeholder concerns, including
concerns related to how a covered facility can meet the
personnel surety standard.
Accordingly, the Under Secretary shall provide a report to
the Committees on Appropriations of the Senate and the House
and the relevant authorizing committees of jurisdiction,
including the House Committees on Energy and Commerce and on
Homeland Security, no later than April 1, 2014, on steps NPPD
is taking to: (1) leverage the existing infrastructure within
DHS and industry to avoid costly duplication of programs; and
(2) ensure the safety of facilities is not compromised
inadvertently due to the overzealous protection of criminal
investigations. The report shall also include a detailed
explanation from NPPD describing why DHS intends to mandate how
a covered facility meets the personnel surety standard, if the
facility has already adopted strong and identifiable personnel
measures designed to verify and validate identity, check
criminal history, verify and validate legal authorization to
work, and identify individuals with terrorist ties by utilizing
a Federal vetting program.
Ammonium Nitrate
Section 563 of the Homeland Security Appropriations Act of
2008 (Public Law 110-161) provided DHS and NPPD with the
authority to regulate the purchase and sale of ammonium nitrate
to prevent its misappropriation or use in an act of terrorism.
The Committee is dismayed that five years later, NPPD has
failed to fully implement a comprehensive Ammonium Nitrate
Security Program. Although the recent tragedy in West, Texas is
assumed not to be connected to terrorism, it nevertheless
highlights the importance of a functional and efficient CFATS
program. Even more specifically, however, this event highlights
the inability of NPPD to implement the Ammonium Nitrate
Security Program, and it raises serious concerns that the
Department's Chemical Security Inspectors were unaware that
West Fertilizer Co. was handling 270 tons of potentially
explosive ammonium nitrate.
The Committee is also aware that since the termination of
its contract with a vendor, the ISCD may lack the ability to
access risk or validation data of the 40,000 chemical
facilities that are under the purview of the CFATS program,
making it increasingly difficult to monitor these facilities to
assess risk and ensure the continued compliance of these
facilities. ISCD is directed to assign a unique business
identifier to each chemical facility in the Top Screen Program
to support ongoing tracking and data management, verify the
business information submitted by current registrants, and help
ensure the compliance of current Top Screen registrants through
ongoing, proactive risk monitoring. Further, the Committee
directs the Under Secretary for NPPD to undertake a critical
review of the Department's implementation of the Ammonium
Nitrate Security Program and to report to the Committees on
Appropriations of the Senate and the House and the relevant
authorizing committees of jurisdiction, to include the House
Committees on Homeland Security and on Energy and Commerce not
later than 90 days after the date of enactment of this Act. In
addition to providing the Committee with an assessment of the
status of the proposed rule, the review is to focus on program
implementation, and collaboration and communication within ISCD
and between ISCD and the regulated community. Specifically, the
review shall address the following questions:
1. How will the Infrastructure Security Compliance
Division (ISCD) improve its facilities identification
methodology to include the full universe of covered
facilities in the United States? Is the ISCD sharing
information with State authorities overseeing chemical
facilities, such as State Emergency Management
Directors? Is the ISCD organized to efficiently and
effectively carry out the requirements detailed in
Section 563 of Public Law 110-161? If not, what are the
organizational gaps? How should it be structured and
staffed to ensure effective execution of Section 563 of
Public Law 110-161?
2. Does the program include the appropriate level of
outreach to address valid stakeholder concerns? What
mechanisms are in place to ensure consistent outreach?
In addition to fulfilling these reporting requirements, the
Committee expects NPPD to provide a comprehensive update on the
status of the corrective measures being taken to ensure that
facilities with chemicals of interest are notified by ISCD when
they fall within the purview of the CFATS program, an estimate
of the potential number of outlier facilities unaware of the
CFATS requirement, and a detailed performance evaluation of the
Chemical Security Inspectors within ISCD.
Cyber Diagnostics and Mitigation
The United States is the target of a massive cyber-
espionage campaign that threatens the country's economic
competitiveness and endangers its national security. The
Committee has continually recognized this threat and provided
additional funding to NPPD to protect our Nation from cyber-
intrusions. To address the need for continuous monitoring and
diagnostics on Federal ``.gov'' networks, the Committee
recommends $199,725,000 for Federal Network Security to
establish and sustain the new continuous monitoring and
diagnostic system and to continue the procurement and
operations of the system.
The Committee recommends $382,367,000 for Network Security
Deployment to continue the planned procurement of the third
generation of the National Cybersecurity Protection System
(EINSTEIN 3), which is an integrated system of intrusion
detection, analytics, intrusion prevention, and information
sharing capabilities that are used to defend the IT
infrastructure of Federal civilian departments and agencies.
Specifically, the funds shall be used to provide risk-based,
cost-effective cybersecurity to address escalating and rapidly
evolving threats to information security, including the
acquisition and operation of a continuous monitoring and
diagnostic program. Diagnostic software procured by these
funds, however, shall not collect or store personally
identifiable information nor monitor the content of network
traffic. This program shall also be installed, maintained, and
operated in accordance with all applicable privacy laws and
related agency restrictions regarding personally identifiable
information and sensitive data or content. This diagnostic
program must therefore ensure both the security and network
integrity of Federal government systems, as neither can be
compromised.
The Committee directs the Under Secretary for NPPD to
submit a report detailing the obligation and expenditure of
funds no later than January 1, 2014, and quarterly thereafter
to the Committees on Appropriations of the Senate and the House
of Representatives.
Cyber Workforce Initiative
The Committee continues to have serious concerns that the
size, capability, and development of the current and future
cybersecurity workforce are inadequate to address the public's
cyber vulnerabilities. The Committee believes too little
strategic planning and funding has focused on the development
of the current workforce and of a workforce development
pipeline. This effort must be comprehensive from primary
education to employment. The Committee supports the
Department's leveraging of the existing capability of the
Centers of Excellence and directs DHS to review how it can
support these Centers' ability to provide not just cyber
training but access to projects and programs that will allow
individuals to gain critical security clearances while
training.
Outreach to Veterans
The Committee is aware of the growing need for well-trained
cybersecurity, computer forensics, and information assurance
professionals at every level of government and throughout the
private sector. The Committee is also aware of the alarming
unemployment rate among post 9/11 era veterans, especially
younger veterans. Attempts have been made to address these
concerns, but challenges remain. By effectively training
veterans in these critical areas of need, the government can
enable employment and address the growing threat of cyber-
attacks. The Committee directs the Secretary of Homeland
Security, in conjunction with the Departments of Veterans
Affairs, Defense, and Labor, to implement a plan for a
veteran's cybersecurity workforce that will leverage training
capabilities across government, academia, and the private
sector to put veterans to work securing our Nation's cyber
infrastructure.
Cybersecurity Partnerships
The Committee directs the Under Secretary for NPPD to
review existing government cyber organizations to leverage the
vast capability that already exists in organizations outside of
NPPD. There are numerous organizations throughout the Nation
that work every day in the cybersecurity environment. Their
experience should be sought after and used. Further, the
Committee directs the Under Secretary for NPPD to review the
possible advantages in establishing a cooperative cybersecurity
program with the DOD National Cyber Range and DOD software
engineering centers to enhance the development of innovative
software that improves the Nation's ability to counter threats
to our cybersecurity, and to provide a report to the Committee
not later than 120 days after the date of enactment of this Act
on its efforts in this area.
FEDERAL PROTECTIVE SERVICE
Appropriation, fiscal year 2013*...................... $1,301,824,000
Budget request, fiscal year 2014...................... 1,301,824,000
Recommended in the bill............................... 1,301,824,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Federal Protective Service (FPS) is responsible for the
protection of federally owned and leased buildings and
properties, particularly those under the charge and control of
the General Services Administration (GSA). Funding for FPS is
provided through a security fee charged to all GSA building
tenants in FPS-protected buildings. FPS has three major law
enforcement initiatives: protection services to all Federal
facilities throughout the United States and its territories;
expanded intelligence and anti-terrorism capabilities; and
Special Programs, including weapons of mass destruction
detection, hazardous material detection and response, and
canine programs.
Recommendation
The Committee recommends $1,301,824,000 for FPS, the same
as the amount requested and the same amount provided in fiscal
year 2013. Within this recommended funding level, FPS shall
align staffing resources with mission requirements. All of
these expenditures will be paid by fees collected from FPS
customer agencies.
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT
Appropriation, fiscal year 2013*...................... $232,190,000
Budget request, fiscal year 2014...................... - - -
Recommended in the bill\1\............................ 232,190,000
Bill compared with:
Appropriation, fiscal year 2013................... - - -
Budget request, fiscal year 2014.................. +232,190,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
\1\Reflects the realignment of $232,190,000 from US-VISIT, consistent
with Public Law 113-6.
Mission
The mission of the Office of Biometric Identity Management
(OBIM) is to collect, maintain and share biometric and selected
biographic data with authorized DHS, Federal, State, tribal,
local law enforcement agencies and strategic foreign partners.
As the agency responsible for maintaining the Automated
Biometric Identification System (IDENT) and a biometric center
of expertise, OBIM provides an invaluable capability to ensure
national security, public safety and the integrity of the
Nation's immigration system. OBIM is charged with fostering
full interoperability and real-time data sharing among the
Homeland Security, Justice and Defense Departments' biometric
identity management systems. Finally, OBIM is responsible for
maintaining the Arrival and Departure Information System
(ADIS), which supports CBP and ICE operations.
Recommendation
The Committee recommends $232,190,000 for OBIM, the same as
the amount provided in fiscal year 2013. The Committee's
recommendation reflects the enactment of Public Law 113-6,
realigning US-VISIT funding to this account, ICE and CBP. To
ensure no ambiguity about core program responsibilities due to
the realignment of funds, the Committee reiterates that ICE is
responsible for conducting over-stay analysis and CBP is
responsible for carrying out entry and exit program policy and
operations.
Language is included in the bill requiring a multi-year
investment and management plan be submitted with the
President's budget request that justifies current and future
requirements.
International Activities
The Department shall update the Committee on whether
international conferences and activities result or advance data
sharing arrangements, including the Five Country Conference and
Visa Waiver Program.
Automated Biometric Identification System (IDENT)
The Committee is disappointed in the lack of progress
toward enrolling TSA's special vetted populations and
departmental employees and contractors into the biometrics
system. Consequently, OBIM is directed to provide a briefing on
its progress and strategy for these enrollments not later than
60 days after the date of enactment of this Act. The Committee
continues to encourage OBIM efforts to reduce IDENT
infrastructure operating costs while ensuring that current
levels of services are maintained.
Unique Identity
DHS is encouraged to work cooperatively with the
Departments of Justice, Defense and State to standardize and
share biometric information. The Committee directs OBIM to
provide semi-annual briefings on progress toward integrating
the various systems, including Unique Identity, to describe
existing capability gaps and a methodology by which to close
them.
Office of Health Affairs
Appropriation, fiscal year 2013*...................... $132,367,000
Budget request, fiscal year 2014...................... 131,797,000
Recommended in the bill............................... 123,425,000
Bill compared with:
Appropriation, fiscal year 2013................... -8,942,000
Budget request, fiscal year 2014.................. -8,372,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Office of Health Affairs (OHA) serves as the Department
of Homeland Security's principal agent for all medical and
public health matters. Working across Federal, State, local,
tribal, and territorial governments and with the private
sector, OHA has the lead DHS role in the establishment of a
scientifically rigorous, intelligence-based, medical and
biodefense architecture that ensures the health and medical
security of our Nation.
Recommendation
The Committee recommends $123,425,000 for OHA, $8,372,000
below the amount requested and $8,942,000 below the amount
provided in fiscal year 2013. A comparison of the budget
estimate to the Committee recommended level by budget activity
is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
BioWatch.......................... $90,609,000 $79,534,000
National Biosurveillence 8,000,000 13,000,000
Integration System...............
Chemical Defense Program.......... 824,000 824,000
Planning and Coordination......... 4,995,000 4,995,000
Salaries and Expenses............. 27,369,000 25,072,000
-------------------------------------
Total, Office of Health $131,797,000 $123,425,000
Affairs......................
------------------------------------------------------------------------
Biosurveillance Activities
The Committee recommends $79,534,000 for the BioWatch
program, $11,075,000 below the amount requested and $5,771
below the amount provided in fiscal year 2013. This funding
sustains Generations 1/2 at the current services level.
The Committee is dismayed by the lack of progress on the
Biowatch Generation 3 program. In September 2012, the
Department briefed the Committees on the new approved path
forward for the program based on the new Acquisition Decision
Memorandum (ADM) to include the plans for a release of a
Request for Proposals and Source Selection. However, none of
those activities have occurred. Further, the Committee was
briefed on the development of a new Analysis of Alternatives
(AoA), but the schedule for completion of that product has also
slipped. The Department now states that the current funding
will be allowed to lapse with no movement forward planned until
the AoA is completed in the fall.
The Committee finds this delay unacceptable. The Department
is directed to immediately proceed with an effective use of the
current funding or issue a new ADM. The Department shall fund
either continued development of autonomous biodectection or
other similar technology that would further the Nation's
biodetection capability with the available unobligated funds.
The Department should ensure that the plan ahead motivates
industry to continue cost-sharing in future biodetection
development and to continue pursuing development efforts so as
not to lose valuable experience in the field. Restarting the
effort at a later date to create autonomous biodetection would
require extra funding and time to re-establish a critical mass
of national capability.
National Biosurveillance Integration System
The Committee recommends $13,000,000 for the National
BioSurveillance Integration System (NBIS), $5,000,000 above the
amount requested and $13,000 above the amount provided in
fiscal year 2013. Funds provided for this function shall be
used to sustain existing biosurveillance capabilities and
activities. Beginning in 2012, NBIS planned to develop several
pilot projects with other Federal, State, private sector, and
non-governmental entities in the following areas: food;
agriculture; emerging diseases and human health; social media;
and State and local biosurveillance data sharing. The increase
of $5,000,000 above the request is to sustain existing
biosurveillance activities and to expand the diversification of
biosurveillance capabilities through new pilots that shall be
awarded on a competitive basis. The Committee directs the
Department to brief the Committee on the expenditure plan for
use of the increase above the request prior to obligation of
the funds.
Salaries and Expenses
The Committee recommends $25,072,000 for Salaries and
Expenses, $2,297,000 below the amount requested and $1,603,000
below the amount provided in fiscal year 2013.
Federal Emergency Management Agency
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $972,145,000
Budget request, fiscal year 2014...................... 1,042,382,000
Recommended in the bill............................... 914,795,000
Bill compared with:
Appropriation, fiscal year 2013................... -57,350,000
Budget request, fiscal year 2014.................. -127,587,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Federal Emergency Management Agency (FEMA) manages and
coordinates the Federal response to major domestic disasters
and emergencies of all types in accordance with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act. It
supports the effectiveness of emergency response providers at
all levels of government in responding to terrorist attacks,
major disasters, and other emergencies. FEMA also administers
public assistance and hazard mitigation programs to prevent or
reduce the risk to life and property from floods and other
hazards. Finally, FEMA leads all Federal incident management
preparedness and response planning through a comprehensive
National Incident Management System that involves Federal,
State, tribal, and local government personnel, agencies, and
regional authorities.
FEMA 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 of all types in partnership with
other Federal agencies, State, local and tribal governments,
volunteer organizations, and the private sector. Salaries and
Expenses support all of FEMA's programs by coordinating all
policy, managerial, resource, and administrative actions
between headquarters and regional offices.
Recommendation
The Committee recommends $914,795,000 for Salaries and
Expenses, $127,587,000 below the amount requested and
$57,350,000 below the amount provided in fiscal year 2013. FEMA
shall provide an expenditure plan not later than 90 days after
the date of enactment of this Act. The plan shall be detailed
by the PPA structure as detailed in this report and by office.
It shall include actual funding from the prior year, the
current fiscal year, and deviations between the two years. Each
year shall include the number of positions, the number of FTE,
the amount for salaries and benefits, and the amount for the
program, showing all sources of funding. Specific information
regarding the transfer of funding from other appropriations
should be included, with the same level of detail currently
provided to the Committee.
The following table summarizes the Committee's
recommendation:
------------------------------------------------------------------------
Budget Request Recommended
------------------------------------------------------------------------
Administrative and regional $240,736,000 $229,213,000
offices..........................
Preparedness and protection....... 293,684,000 174,766,000
Response.......................... 171,665,000 170,837,000
Urban search and rescue [27,513,000] [27,513,000]
response system..............
Recovery.......................... 55,530,000 55,121,000
Mitigation........................ 25,882,000 25,808,000
Mission Support................... 144,579,000 148,744,000
Centrally managed accounts........ 110,306,000 110,306,000
-------------------------------------
Total, Salaries and Expenses $1,042,382,000 $914,795,000
------------------------------------------------------------------------
Office of External Affairs
The Committee provides $7,309,000 for the Office of
External Affairs, a reduction of $7,309,000 below the amount
requested and $7,518,000 below the amount provided in fiscal
year 2013. The Committee recommends this reduction due to the
failure of this office to provide timely and accurate
information. The continued failures are unacceptable and must
be addressed at the highest leadership level within FEMA.
Senior leaders need to ensure that the office is prepared to
maintain a level of effort commensurate with other DHS
component offices, to include responding expeditiously to
requests for information. Limited taxpayer funds cannot be
allowed to be squandered on this office while at the same time
the Department is proposing to cut funding for vital frontline
security operations.
Facilities Management
The Committee recommends an additional $5,000,000 for
repairs and capital improvement to address unfunded projects at
national training centers. None of these funds may be obligated
until five days after the Chief Financial Officer (CFO) of FEMA
briefs the Committee on an execution plan for these funds.
National Capital Region Coordination
The Committee provides no funds for activities authorized
by Section 882 of the Homeland Security Act of 2002, a
reduction of $2,602,000 below the amount requested. The
functions and personnel shall be transferred to the Office of
the Administrator to allow for a more efficient and effective
use of taxpayer funds. The Committee directs the Administrator
of FEMA to provide a report not later than 60 days after the
date of enactment of this Act on how FEMA will fulfill the
requirement of Section 882 utilizing a new organizational
process.
Mount Weather Emergency Operations Center
The Committee recommends $22,000,000 for the Mount Weather
Emergency Operations Center facility, $10,000,000 below the
amount requested and the same amount as provided in fiscal year
2013. Due to the inadequacy of the budget request and the
inability of FEMA to provide the requested spend plans, this
bill reprioritizes scarce funding towards operations and
frontline staffing. The Committee notes that funds requested
must be fully justified in the official budget justification
and if needed, in the classified annex.
Urban Search and Rescue
The Committee recommends $27,513,000 for Urban Search and
Rescue from within the amount provided for Salaries and
Expenses, the same as the amount requested and $7,667,000 below
the amount provided in fiscal year 2013.
The Committee notes that once a search and rescue team is
activated to respond to a disaster, the individual team's
expenses are funded from within the funds provided for the
Disaster Relief Fund.
Social Media
The Committee directs the Administrator of FEMA to brief
the Committee not later than 30 days after the date of
enactment of this Act on the status of the agency's efforts to
use social media in disaster response activities. This briefing
shall serve as an update to the related report directed by
House Report 112-492.
STATE AND LOCAL PROGRAMS
Appropriation, fiscal year 2013*...................... $1,464,617,000
Budget estimate, fiscal year 2014\1\.................. 2,123,200,000
Recommended in the bill............................... 1,500,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +35,383,000
Budget estimate, fiscal year 2014................. -623,200,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
\1\The Administration proposed moving Emergency Management Performance
Grants and Firefighter Assistance Grants under State and Local
Programs.
Mission
State and Local Programs help build and sustain the
preparedness and response capabilities of the first responder
community. These programs include support for various grant
programs and training programs.
Recommendation
The Committee recommends $1,500,000,000 for State and Local
Programs, $623,200,000 below the amount requested and
$35,383,000 above the amount provided in fiscal year 2013.
As part of the budget request, the Administration proposed
including Firefighter Assistance Grants and Emergency
Management Performance Grants under this account. The Committee
again denies this proposal and provides funding for both of
these grant programs as separate appropriations, consistent
with prior years.
In fiscal year 2013 and again in fiscal year 2014, FEMA
proposed a new grant program called the National Preparedness
Grant Program under State and Local Programs. This proposal is
denied due to the lack of Congressional authorization and the
lack of the necessary details that are required for the
initiation of a new program, to include grant guidance and
implementation plans. The Department should work with the
appropriate committees of jurisdiction to obtain the necessary
authorizing legislation and to clearly define the Federal role
and reassess the most effective delivery of support and
resources to sustain and improve homeland security capabilities
prior to submitting a budget request for such a program.
Due to these concerns, the Committee continues the grant
structure as enacted in Public Law 112-74. The funds provided
for State and Local Program grants are to be allocated by the
Secretary according to threat, vulnerability, and consequence
to assist high-risk urban areas, States, local and Tribal
governments, and other homeland security partners in
preventing, preparing for, protecting against, and responding
to acts of terrorism.
Within the funds available, the Committee recommends
$50,000,000 for Operation Stonegarden. All awards under
Operation Stonegarden shall be made on a competitive basis to
tribal governments and units of local government, including
towns, cities, and counties along borders of the United States,
to enhance the coordination between local and Federal law
enforcement agencies in furtherance of the Nation's border
security. Operation Stonegarden's eligible costs include, but
shall not necessarily be limited to: overtime; vehicle
maintenance; vehicle and equipment rental costs; reimbursement
for mileage; fuel costs; equipment replacement costs; and
travel costs for law enforcement entities assisting other local
jurisdictions in law enforcement activities. The Committee
directs that only CBP and FEMA make award decisions. No
administrative costs shall be deducted from Operation
Stonegarden award totals by States.
The Committee recommends $235,174,000 for National
Programs, $235,000 above the amount provided in fiscal year
2013, to sustain these programs at the same funding levels and
for the same purposes as provided in fiscal year 2013. The
Committee is aware of the unique capabilities of regional
training centers, which provide initial training to first
responders and additional training related to new techniques
and technologies. The Committee encourages the Department to
continue to work with regional training centers in future
funding requests. Within the funds recommended for National
Programs, the Committee includes $27,000,000 for continuing
training and directs FEMA to prioritize funding to be
competitively awarded for FEMA-certified rural training in
crisis management for school-based incidents, mass fatality
planning and response, the development of emergency operations
plans, bioterrorism awareness, media engagement strategies for
first responders, and hazardous materials.
The Committee continues bill language mandating timeframes
for the application process for certain grants to ensure that
funds do not languish at DHS and limits to not more than five
percent the amount a grantee may allocate for expenses directly
related to administration of the grant. The Committee continues
bill language allowing for the construction of communication
towers and requiring grantees to provide reports on their use
of funds.
In accordance with the 9/11 Act, at least 25 percent of
funds allocated to the State Homeland Security Grant Program
and Urban Area Security Initiative shall be used for Law
Enforcement Terrorism Prevention activities. In addition, each
State and Puerto Rico shall pass on no less than 80 percent of
their grant funding to local units of government within 45 days
of receiving the funds.
The Committee is pleased that in fiscal year 2012, the
Department began restoring the original intent of the Urban
Area Security Initiative (UASI) program by limiting funding to
31 regions. The Committee continues to believe the UASI program
should be further focused on the areas under the greatest
threat and at the greatest risk, providing funding to a maximum
of 25 regions. This will ensure that only those regions at
highest-risk of terrorist attack receive funding under UASI in
the current fiscal environment.
The Committee is aware that previous grant guidance
conflicts with the 9/11 Act by further limiting the amount of
funds that can be used to pay the salaries and expenses of
intelligence analysts. The Committee directs FEMA to fully
comply with the 9/11 Act.
For the purposes of determining eligibility for funds, 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, Alaskan Native village, independent authority,
special district, or other political subdivision of any State
shall constitute a ``local unit of government.''
The Committee notes that the purpose of FEMA's grants, as
authorized, are not to serve as operating subsidies for States
and local governments; rather, grant funds are intended to
improve preparedness capabilities. The Committee directs FEMA
to be cognizant of the extended timelines associated with
necessary, well-justified capital improvements and ensure the
guidance for the various grants allow for capital improvements,
as appropriate. Further, FEMA should review the use of one-year
extensions, if needed. The Committee encourages grant guidance
allow for the funding of reverse 911 for weather emergencies.
The Committee includes a general provision requiring FEMA
to brief the Committee five days prior to any announcement of
State and local grant awards. Such briefings shall include
detailed information on the risk analysis employed, the process
for determining effectiveness, the process or formula used for
selecting grantees, and any changes to methodologies used in
the previous fiscal year.
The Committee directs that future grant guidance for all
homeland security grant programs shall inform recipients that
expenditures on any training, programs, presentations, and
speakers regarding counterterrorism that include information
about violent extremism, homegrown violent extremism, or
domestic violent extremism, which are acquired from an entity
other than the Department must be consistent with applicable
laws with respect to racial, ethnic, and religious profiling.
The Committee remains concerned with the lack of
measurement by FEMA of State and Local Grants. While FEMA
continues to move forward with the implementation of the
National Preparedness Goal, the lack of quantifiable metrics to
measure the return on investment needs to be addressed
expeditiously.
FIREFIGHTER ASSISTANCE GRANTS
Appropriation, fiscal year 2013*...................... $674,326,000
Budget request, fiscal year 2014\1\................... - - -
Recommended in the bill............................... 675,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +674,000
Budget request, fiscal year 2014.................. +675,000,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
\1\The budget request includes $675,000,000 for Firefighter Assistance
Grants within State and Local Programs.
Mission
Firefighter Assistance Grants are provided to local fire
departments for the purpose of protecting the health and safety
of the public and protecting firefighting personnel, including
volunteers and emergency medical service personnel, against
fire and fire-related hazards.
Recommendation
The Committee recommends $675,000,000 for Firefighter
Assistance Grants, $675,000,000 above the amount requested and
$674,000 above the amount provided in fiscal year 2013. The
budget request did not include a separate appropriation for
Firefighter Assistance Grants, but instead proposed
$675,000,000 for this activity within State and Local Programs.
Within this level, the Committee recommends $337,500,000 for
the Assistance to Firefighters Grant program (AFG), which
provides firefighter equipment, training, vehicles, and other
resources. The Committee also recommends $337,500,000 for
firefighter jobs under the Staffing for Adequate Emergency
Response (SAFER) program.
FEMA is directed to continue granting funds directly to
local fire departments and to include the United States Fire
Administration during the grant decision process. FEMA is also
directed to maintain an all-hazards focus and is prohibited
from limiting beyond current law the list of eligible
activities, including those related to wellness. Funds are
available until September 30, 2015.
The Committee continues the requirement for FEMA to peer
review AFG and SAFER grant applications that meet criteria
established by FEMA and the Fire Service to clearly define the
criteria for peer review in the grant application package; to
rank order applications according to peer-review; and to fund
applications according to their rank order. For those
applicants whose grant applications are not reviewed, FEMA must
provide an official notification detailing why the application
did not meet the criteria for review.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriation, fiscal year 2013*...................... $349,650,000
Budget request, fiscal year 2014\1\................... - - -
Recommended in the bill............................... 350,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +350,000
Budget request, fiscal year 2014.................. +350,000,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
\1\The budget request includes $350,000,000 for Emergency Management
Performance Grants within State and Local Programs.
Mission
Emergency Management Performance Grant (EMPG) funds are
used to support comprehensive emergency management at the State
and local levels and to encourage the improvement of
mitigation, preparedness, response, and recovery capabilities
for all hazards.
Recommendation
The Committee recommends $350,000,000 for EMPG,
$350,000,000 above the amount requested and $350,000 above the
amount provided in fiscal year 2013. The request did not
include a separate appropriation for EMPG but instead proposed
$350,000,000 for this activity within State and Local Programs.
Consistent with past years, the Committee again does not agree
to transfer EMPG to State and Local Programs, continuing
instead to fund the EMPG program as a separate appropriation.
The Committee directs FEMA to continue EMPG grant practices
used in fiscal year 2007, including a continued emphasis on
all-hazards activities and the inclusion of personnel expenses
and Emergency Operations Centers as eligible uses of funding.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriation, fiscal year 2013*...................... -$1,443,000
Budget request, fiscal year 2014...................... -1,272,000
Recommended in the bill............................... -1,272,000
Bill compared with:
Appropriation, fiscal year 2013................... +171,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Radiological Emergency Preparedness Program (REPP)
ensures that the public health and safety of citizens living
near commercial nuclear power plants will be adequately
protected in the event of a nuclear power station incident. In
addition, the program informs and educates the public about
radiological emergency preparedness. REPP provides funding only
for emergency preparedness activities of State and local
governments that take place beyond nuclear power plant
boundaries.
Recommendation
The Committee provides for the receipt and expenditure of
REPP fees, which are collected as authorized by Public Law 105-
276. The request estimates that fee collections will exceed
expenditures by $1,272,000 in fiscal year 2014. The Committee
urges FEMA to work with the Department of Defense Chemical
Biological Medical Systems Directorate and the Department of
Health and Human Services to develop protection capabilities
that could increase protection for the civilian population in
the event of a nuclear or radiological incident.
UNITED STATES FIRE ADMINISTRATION
Appropriation, fiscal year 2013*...................... $43,956,000
Budget request, fiscal year 2014...................... 41,306,000
Recommended in the bill............................... 42,162,000
Bill compared with:
Appropriation, fiscal year 2013................... -1,794,000
Budget request, fiscal year 2014.................. +856,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 O
ATB.
Mission
The mission of the United States Fire Administration (USFA)
is to reduce economic losses and loss of life due to fire and
related emergencies through leadership, coordination, and
support. USFA trains the Nation's first responder and health
care leaders to evaluate and minimize community risk, enhance
the security of critical infrastructure, and better prepare
communities to react to emergencies of all kinds.
Recommendation
The Committee recommends $42,162,000 for USFA, $856,000
above the amount requested and $1,794,000 below the amount
provided in fiscal year 2013. The Committee denies the proposal
to transfer grant authority from USFA to AFG and provides an
increase of $1,000,000 for the USFA to continue the grant
program, as authorized. The Committee requests that future
budget justifications identify funding levels for the National
Fire Incident Reporting System and National Fire Academy, as
well as any other initiatives. Further, the Committee
understands that the USFA has been in the process of making
upgrades to the National Fire Incident Reporting System. These
changes include allowing fire chiefs to obtain real-time data
about their communities and compare their fire data to data
from similar-sized departments to identify trends and
efficiencies. The Committee urges the Administrator of FEMA to
work with the USFA to ensure that USFA has the technical and
financial resources to finish these upgrades.
DISASTER RELIEF FUND
Appropriation, fiscal year 2013*\1\................... $6,983,342,000
Budget request, fiscal year 2014\2\................... 6,220,908,000
Recommended in the bill\2\............................ 6,220,908,000
Bill compared with:
Appropriation, fiscal year 2013................... -786,434,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
\1\Includes $6,400,000,000 that was provided in Public Law 112-77 and is
designated for major disasters pursuant to 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
\2\Includes $5,262,386,000 designated for major disasters pursuant to
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Mission
FEMA is responsible for administering disaster assistance
programs and coordinating the Federal response following
presidential disaster declarations. Major activities under the
Disaster Relief Fund (DRF) include: providing aid to families
and individuals; supporting the efforts of State and local
governments to take emergency protective measures, clear
debris, and repair infrastructure; mitigate the effects of
future disasters; and help States and local communities manage
disaster response, including through the assistance of disaster
field office staff and automated data processing support.
Recommendation
The Committee recommends a total of $6,220,908,000 for the
Disaster Relief Fund. Of the funds provided, $5,626,386,000 is
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985. Of the funding not
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985, $24,000,000 shall be
transferred to the DHS OIG for audits and investigations
related to disasters. The Committee directs FEMA to brief the
Committee not later than July 15, 2013, on the implementation
of the numerous DHS OIG recommendations that direct FEMA to
recover funds from various public assistance grants.
A provision is continued in the bill stating the timeframes
and information which FEMA must report to the Committees on the
DRF. A report on the expenditure of funds for disaster
readiness and support, including quarterly updates, is
required, as in previous years.
The Committee continues statutory requirements for annual
and monthly DRF reporting as originally directed in Public Law
112-74 and Public Law 113-2. The request deletes these
requirements even though the reports are used extensively
within the Administration and within Congress. The Committee is
perplexed that an Administration that prides itself on
transparency would propose to delete such vital oversight
tools.
The Committee directs FEMA, not later than 90 days after
the date of enactment of this Act, to submit a report to the
Committee and to the House Committee on Transportation and
Infrastructure describing options for making housing
cooperative and condominium associations eligible for Federal
disaster assistance. The report shall include the following:
(1) a description of the current eligibility of housing
cooperative and condominium association owners and residents
for disaster relief under the Individual Assistance Program
(IA); (2) a description of the availability of IA for owners or
residents to help cover the costs of repairing disaster-related
damage to common areas, including any details of instances in
the past 10 years where cooperative and condominium owners or
residences received IA to help cover costs and assessments for
repairs to common areas; and (3) a discussion of options,
including any proposed changes to statute, for making housing
cooperative and condominium associations directly eligible for
Federal disaster assistance based on disaster-related damage to
common areas, through either an existing program or through a
new program.
In a report issued in September 2012 (GAO-12-838), GAO
noted that FEMA needed improved criteria to assess a
jurisdiction's capability to respond and recover on its own
following a disaster. Specifically, FEMA primarily relies on a
population-based criterion to determine whether to recommend to
the President that a locality receive funding. To address the
concerns raised by GAO, the Committee directs FEMA to provide a
report to the Committee not later than 30 days after the date
of enactment of this Act on the status of FEMA's implementation
of the recommendations included in GA0-12-838, to include
actions already taken and a timeline for full implementation.
FLOOD HAZARD MAPPING AND RISK ANALYSIS
Appropriation, fiscal year 2013*...................... $95,234,000
Budget request, fiscal year 2014...................... 84,361,000
Recommended in the bill............................... 95,202,000
Bill compared with:
Appropriation, fiscal year 2013................... -32,000
Budget request, fiscal year 2014.................. +10,841,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The mission of the Flood Hazard Mapping and Risk Analysis
fund is to modernize, maintain, and digitize the inventory of
maps and develop a more integrated process of identifying,
assessing, communicating, and mitigating flood related risks.
This information is used to determine appropriate risk-based
premium rates for the National Flood Insurance Program,
complete hazard determinations required for the Nation's
lending institutions, and develop appropriate mitigation and
disaster response plans for Federal, State, and local emergency
management personnel.
Recommendation
The Committee recommends $95,202,000 for Flood Hazard
Mapping and Risk Analysis, $10,841,000 above the amount
requested and $32,000 below the amount provided in fiscal year
2013. The Committee notes that an additional $154,300,000 is
available for flood plain management and mapping activities
within the National Flood Insurance Fund. The Committee
encourages FEMA to prioritize as criteria the number of
streams, rivers and coastal miles within a State and the
participation of the State in leveraging non-Federal
contributions. The Committee notes that there are still
thousands of miles of streams, rivers, and coastal lines that
still need detailed studies and remapping.
NATIONAL FLOOD INSURANCE FUND
Appropriation, fiscal year 2013*...................... $170,829,000
Budget request, fiscal year 2014...................... 176,300,000
Recommended in the bill............................... 176,300,000
Bill compared with:
Appropriation, fiscal year 2013................... +5,471,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The National Flood Insurance Fund (NFIF), which was
established in the Treasury by the National Flood Insurance Act
of 1968, is a fee-generated fund that supports the National
Flood Insurance Program. The Act, as amended, authorizes the
Federal government to provide flood insurance on a national
basis.
Recommendation
The Committee includes bill language providing up to
$22,000,000 for salaries and expenses to administer the NFIF,
the same as the amount requested and the amount provided in
fiscal year 2013. Consistent with the budget request, the
Committee provides $120,000,000 for flood-related grants. No
less than $154,300,000 is available for flood plain management
and flood mapping. Flood mitigation funds are available until
September 30, 2015 and funding is offset by premium
collections.
The Committee is concerned about persistent reports of
steep flood insurance rate increases that numerous NFIP
policyholders are experiencing as a result of the
implementation of the Biggert-Waters Flood Insurance Act of
2012. While the Committee shares the very important objective
of making the NFIP an actuarially sound program, it is
concerning that homeowners who have been in compliance with
relevant building codes and whose properties have not
experienced repetitive flood events are being subjected to
sudden, unanticipated and exorbitant NFIP rate increases. The
Committee directs FEMA to provide a report within 60 days after
the date of enactment of this Act setting forth steps that are
being taken to address this problem and what changes in the
law, regulations or administrative procedures may be necessary
to eliminate or reduce the rate increases for homeowners
described above.
NATIONAL PREDISASTER MITIGATION FUND
Appropriation, fiscal year 2013*...................... $24,975,000
Budget request, fiscal year 2014...................... - - -
Recommended in the bill............................... 22,500,000
Bill compared with:
Appropriation, fiscal year 2013................... -2,475,000
Budget request, fiscal year 2014.................. +22,500,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The National Predisaster Mitigation Fund (PDM) provides
technical assistance and grants to State, local, and tribal
governments, and to universities to reduce the risks associated
with disasters. Resources support the development and
enhancement of hazard mitigation plans, as well as the
implementation of disaster mitigation projects.
Recommendation
The Committee recommends $22,500,000 for the PDM,
$22,500,000 above the amount requested and $2,475,000 below the
amount provided in fiscal year 2013. The Committee rejects the
proposed termination of this program. PDM grants are one of the
only programs that provide funding to communities prior to a
disaster. It has been repeatedly demonstrated during disasters
that these types of investments lead to significant savings by
significantly mitigating risks and damage.
EMERGENCY FOOD AND SHELTER
Appropriation, fiscal year 2013*...................... $119,880,000
Budget request, fiscal year 2014...................... 100,000,000
Recommended in the bill............................... 120,000,000
Bill compared with:
Appropriation, fiscal year 2013................... +120,000
Budget request, fiscal year 2014.................. +20,000,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Emergency Food and Shelter National Board Program was
created in 1983 to supplement the work of local social service
organizations within the United States, both private and
governmental, to help people in need of emergency assistance.
The program provides funds to local communities for homeless
programs, including soup kitchens, food banks, shelters, and
homeless prevention services.
Recommendation
The Committee recommends $120,000,000 for the Emergency
Food and Shelter Program, $20,000,000 above the amount
requested and $120,000 above the amount provided in fiscal year
2013.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriation, fiscal year 2013*...................... $111,812,000
Budget request, fiscal year 2014...................... 124,213,000
Recommended in the bill............................... 114,213,000
Bill compared with:
Appropriation, fiscal year 2013................... +2,401,000
Budget request, fiscal year 2014.................. -10,000,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The mission of the United States Citizenship and
Immigration Services (USCIS) is to process all immigrant and
non-immigrant benefits provided to visitors to the United
States; adjudicate naturalization requests; promote national
security as it relates to immigration issues; eliminate
immigration adjudication backlogs; and implement solutions to
improve immigration customer services. USCIS also maintains
substantial records and data related to the individuals who
have applied for immigration benefits.
Recommendation
The Committee recommends $114,213,000 for USCIS,
$10,000,000 below the amount requested and $2,401,000 above the
amount provided in fiscal year 2013. The recommendation does
not include amounts for requested cost of living adjustment,
thereby increasing E-Verify by $324,000 for program
enhancements. Though the recommendation for this account does
not include appropriated funds for immigrant integration
grants, bill language is included in Title V permitting USCIS
to expend no more than $10,000,000 in user fees to support
these grants.
E-Verify
While the accuracy of E-Verify is much improved, the
Committee supports USCIS's intent to ensure individuals are not
incorrectly identified as ineligible to work. The Committee
again directs USCIS to continue to develop a review process for
E-Verify final non-confirmations and provide quarterly
briefings to the Committee about the progress of this
development.
Appropriate controls and analytical systems are critical
for identifying improper use of E-Verify by employers. The
Committee directs USCIS to continue regular briefings on its
progress to implement a robust compliance review program for E-
Verify, including any instances of misuse of the system and
actions taken to address those instances. Likewise, the
Committee strongly urges USCIS to update and publish regular E-
Verify accuracy and performance audits.
User Fee Funded Programs
Virtually all USCIS's activities are funded through user
fees generated by persons applying for immigration benefits. In
fiscal year 2014, USCIS estimates it will expend
$3,095,253,000, which is sufficient to support operations and
authorized activities. USCIS is directed to continue quarterly
briefings on fee revenues and obligations.
USCIS is finalizing a study which will inform an updated
fee schedule. The Committee directs USCIS to provide a briefing
on the conclusions and projected date of release of the fee
study at least 30 days before the new schedule is made public.
Included within this briefing, USCIS shall provide the current
and projected costs of operations, like asylum and refugee
processing. USCIS is urged to remain sensitive to maintaining
affordable naturalization application fees.
Immigrant Integration Programs
The Department requested funds to support the Office of
Citizenship and award grants to organizations that provide
citizenship preparation services. While the Committee supports
the efforts of the Office of Citizenship to promote civic
education through the naturalization process, the Committee
recommends the use of fee funds for this purpose. Active civic
participation is critical to the American way of life, which is
why individuals seeking citizenship must take the
naturalization test to assess their civic knowledge. Legal
permanent residents who are seeking citizenship preparation
services are the direct beneficiaries of this funding. USCIS
has sufficient cash balances in its fee accounts to support
these limited grants, if it chooses to prioritize its use of
fee funds for such a purpose. The bill continues a general
provision clarifying the availability of fee funds for these
grants. At the same time, the Committee notes that private,
non-profit organizations across the country also provide
funding and services for immigrant integration.
Deferred Action
Not later than 30 days after the date of enactment of this
Act, the Committee directs USCIS to provide detailed data
regarding applications for Deferred Action for Childhood
Arrivals, to include the number of applications received,
approved and denied, and cost incurred since program inception
and anticipated for the program in fiscal years 2013 and 2014.
Additionally, the Committee directs USCIS to provide processing
times for all application types not later than 30 days after
the date of enactment of this Act.
Fraud Detection and National Security
The Committee acknowledges the important work and efforts
of the Fraud Detection and National Security workforce but
remains concerned about the limited resources dedicated to this
function. The Committee urges USCIS to build the Fraud
Detection and National Security workforce in accordance with
recommendations derived from USCIS's resource allocation model.
Military Naturalizations
The Committee notes that the costs of military
naturalizations are reimbursed by the DOD through the execution
of an annual Inter-Agency Agreement (IAA). Therefore, no funds
are appropriated in this account for that purpose. The
Committee directs USCIS to ensure that IAAs are executed in a
timely manner.
USCIS Transformation
The Committee recognizes the importance of transformation
to USCIS operations and directs USCIS to continue quarterly
updates on this program.
Electronic Access to Immigration Information
The Committee recognizes the headway USCIS has made
converting immigration records to a digital format and
encourages the agency to continue its efforts. Not later than
30 days after the date of enactment of this Act, USCIS is
directed to update the Committee on the progress and to include
information about improvements to the Enterprise Document
Management System. In addition, USCIS is directed to coordinate
with ICE on the use of digital records in legal proceedings.
Systematic Alien Verification for Entitlements (SAVE)
Last year, the Committee requested the DHS OIG review the
SAVE program to determine whether systems and processes are
adequate to ensure accurate information for validating an
individual's immigration status. Without precise information on
immigration status, agencies risk granting benefits to
unentitled individuals. The report, ``Improvements Needed for
SAVE To Accurately Determine Immigration Status of Individuals
Ordered Deported,'' was released in December 2012. Multiple
recommendations were suggested in order to update USCIS systems
and improve accuracy of information. USCIS is directed to
provide a briefing to the Committee on the OIG recommendations
and the extent to which they have been adopted or rejected by
October 31, 2013.
Naturalization Ceremonies
The Committee is concerned that USCIS failed to comply with
the direction in House Report 112-492 to identify funds
allocated to naturalization and oath of allegiance ceremonies.
The Committee directs USCIS to provide this information not
later than July 31, 2013.
Again, the Committee directs USCIS to work with local
public and private groups to hold naturalization and oath of
allegiance ceremonies as part of community Independence Day
celebrations. The Committee also encourages USCIS to review
internal policies that limit its ability to use fee revenues to
make small grants and to provide agency employee support to
local community groups that would otherwise be financially
unable to host such ceremonies.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriation, fiscal year 2013*...................... $228,239,000
Budget request, fiscal year 2014...................... 240,544,000
Recommended in the bill............................... 227,845,000
Bill compared with:
Appropriation, fiscal year 2013................... -394,000
Budget request, fiscal year 2014.................. -12,699,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Federal Law Enforcement Training Center (FLETC)
provides the necessary facilities, equipment and support
services to conduct advanced, specialized and refresher
training for Federal law enforcement personnel. FLETC serves as
an interagency law enforcement training organization for 90
Federal agencies having law enforcement responsibilities. FLETC
also provides services to State, local and international law
enforcement agencies, and on a space available basis, to other
Federal agencies with related law enforcement missions.
FLETC is headquartered in Glynco, GA, and has facilities in
Artesia, NM, and Charleston, SC. Each of these facilities is
designed primarily for residential training operations. A
fourth training facility is located in Cheltenham, MD, and
provides in-service and re-qualification training for officers
and agents in the Washington, D.C., area. In cooperation with
the State Department, FLETC also manages an International Law
Enforcement Academy in Gaborone, Botswana, and a FLETC staff
member serves as Deputy Director at the International
Enforcement Academy in Bangkok, Thailand.
Recommendation
The Committee recommends $227,845,000 for FLETC,
$12,699,000 below the amount requested and $394,000 below the
amount provided in fiscal year 2013. The requested amount
includes a reduction of $23,380,000 in identified efficiencies,
an increase of $4,500,000 to expand active shooter threat
training programs and funds sufficient to phase-in 1,600 new
CBP officers. The Committee denies the proposed transfer of the
National Computer Forensics Institute from the U.S. Secret
Service to FLETC.
FLETC Utilization
The Committee directs FLETC to provide data on the number
of training classes, customers and trainees and the utilization
of training capacity with the fiscal year 2015 budget request.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriation, fiscal year 2013*...................... $28,357,000
Budget request, fiscal year 2014...................... 30,885,000
Recommended in the bill............................... 30,885,000
Bill compared with:
Appropriation, fiscal year 2013................... +2,528,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
This account provides for the acquisition, construction,
improvements, equipment, furnishings and related costs for
expanding and maintaining of facilities of FLETC.
Recommendation
As requested, the Committee recommends $30,885,000 for
Acquisition, Construction, Improvements and Related Expenses,
$2,528,000 above the amount provided in fiscal year 2013. Of
this amount, $1,500,000 supports debt service payments on the
Energy Savings Performance Contract.
Science and Technology
MANAGEMENT AND ADMINISTRATION
Appropriation, fiscal year 2013*...................... $131,868,000
Budget request, fiscal year 2014...................... 129,608,000
Recommended in the bill............................... 129,000,000
Bill compared with:
Appropriation, fiscal year 2013................... -2,868,000
Budget request, fiscal year 2014.................. -608,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Management and Administration appropriation provides
for the salaries and expenses of the Science and Technology
Directorate (S&T).
Recommendation
The Committee recommends $129,000,000 for S&T Management
and Administration, $608,000 below the amount requested and
$2,868,000 below the amount provided in fiscal year 2013.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
Appropriation, fiscal year 2013*...................... $702,767,000
Budget request, fiscal year 2014...................... 1,397,488,000
Recommended in the bill............................... 1,096,488,000
Bill compared with:
Appropriation, fiscal year 2013................... +393,721,000
Budget request, fiscal year 2014.................. -301,000,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The mission of the Science and Technology Directorate is to
develop and deploy technologies and capabilities to secure the
US homeland. The Directorate conducts, stimulates, and enables
research, development, testing, evaluation, and the timely
transition of homeland security capabilities to Federal, State,
and local operational end users. This activity includes
investments in both evolutionary and revolutionary capabilities
with high-payoff potential; early deployment of off-the-shelf,
proven technologies to provide for initial defense capability;
near-term utilization of emerging technologies to counter
current terrorist threats; and development of new capabilities
to thwart future and emerging threats.
Recommendation
The Committee recommends $1,096,488,000 for Research,
Development, Acquisition and Operations (RDA&O), $301,000,000
below the amount requested and $393,721,000 above the amount
provided in fiscal year 2013.
A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Research, Development and
Innovation (RD&I):
RD&I: Apex.................... [$15,013,000] $15,013,000
RD&I: Border Security......... [31,580,000] 31,580,000
RD&I: Chem/Bio/Radiological/ [194,294,000] 194,294,000
Nuclear/Explosives Defense...
RD&I: Disaster Resilience..... [130,723,000] 130,723,000
RD&I: Cyber Security.......... [70,829,000] 70,829,000
RD&I: Counter Terrorist....... [24,561,000] 24,561,000
-------------------------------------
Subtotal, Research, 467,000,000 467,000,000
Development and
Innovation...............
Acquisition and Operations Support 41,703,000 41,703,000
Laboratory Facilities............. 857,785,000 547,785,00
University Programs............... 31,000,000 40,000,000
-------------------------------------
Total RDA&O........... $1,397,488,000 $1,096,488,000
------------------------------------------------------------------------
Research, Development, and Innovation
For fiscal year 2014, the Committee recommends $467,000,000
for RD&I. This is the same as the amount requested and
$16,896,000 above the amount provided in fiscal year 2013. Of
the funds provided, no less than $5,000,000 shall be
competitively awarded to university-based entities with
demonstrated success in rapidly developing and delivering
models, prototypes and products and facilitating the commercial
adoption of S&T-sponsored technologies.
S&T Reforms
During the past several years, funding for the S&T
portfolio has fluctuated significantly--due in part to concerns
with the Directorate's inability to measure the return on
investment of its various research and development (R&D)
programs and the lack of a comprehensive strategy for aligning
R&D with DHS mission requirements. Unfortunately, there is
currently no formal process or guidance within the Department
for setting R&D priorities, defining R&D requirements,
establishing R&D goals and milestones, and coordinating R&D
activities across components and with the S&T Directorate. To
the extent that collaborative efforts do take place, they
appear to be largely based on personal relationships between
component and S&T personnel, as opposed to more structured
interactions that transcend personnel changes and changes in
leadership or administrations.
Regrettably, these are not new concerns--many have been
highlighted by the GAO or the National Association for Public
Administration (NAPA). In a 2009 report, NAPA included a number
of related recommendations for reforms but, regretfully, many
were never addressed. In September 2012, GAO highlighted the
failure of the Department to develop policies and guidance for
defining and overseeing R&D. Such policies are needed to ensure
that limited funds are spent on the highest priorities and that
duplication of effort among components is avoided.
The Department must do more than set high-level priorities
for terrorism prevention, immigration enforcement, border
security, first responders, cybersecurity and disaster
resilience; it must establish a formal, comprehensive process
for identifying capability gaps related to those priorities
with a far greater degree of specificity. Such a process must
include permanent mechanisms for S&T to regularly solicit input
and receive constructive feedback from each component on
capability gaps and research and technology requirements, and
must ensure that component-level R&D activities complement but
do not overlap with S&T activities.
The process should also be informed by and contribute to
the development of the Quadrennial Homeland Security Review and
other departmental guidance documents.
Lastly, the Department's R&D process must be able to
measure the return on investment within the R&D portfolio, such
as how often projects transition to an acquisition program or
into the operational environment. This lack of measurement
makes it difficult to defend or fully fund projects under the
current fiscal constraints.
To address these issues, the Committee includes bill
language that requires the Department to provide a report with
the submission of the fiscal year 2015 budget that details the
following: a formalized process for establishing R&D
priorities, to include how the priorities are developed and the
degree of input from the various components and how they are
reflected in the budget; how the Department is implementing the
recommendations in GAO-12-837, to include timelines for full
compliance; a formalized process for interactions among
components and between components and S&T that includes senior
departmental leadership involvement in the decision making
process and ongoing portfolio reviews; and measurable metrics
to quantify program status and return on investment.
PPA Structure
The Committee recommendation reinstitutes a breakout of
RD&I by PPA to provide additional oversight of programs. The
new PPAs include the following: Apex, border security, chem/
bio/radiological/nuclear/explosives defense, cybersecurity and
counter terrorist. The Committee directs the Department to
submit all future budgets in this structure.
Budget Justification
The Committee directs the Department to include in the
budget justification for fiscal year 2015, and hereafter, the
following information for each project in excess of $100,000:
project description, justification and scope; prior year key
events, current year planned key events and budget year key
events; funding history; available funding spend plan
(projected obligations by year appropriated); contract
information; project schedule to include milestones;
explanation for delayed milestones; type of research (basic;
applied; advanced technology development; advanced component
development and prototypes; or system development and
demonstration), technical readiness level (as applicable) and
transition plans.
Portfolio Reviews
The Committee directs S&T to brief the Committee on the
results of any portfolio reviews conducted in fiscal year 2014
not later than 30 days after completion of the review and
assessment of its results. The briefing shall include an
assessment of the most promising projects; an appraisal of
those that scored poorly; any plans to modify or reallocate
funding from underperforming initiatives; and a detailed
overview of how S&T measures and scrutinizes the cost and
schedule of its research projects.
Apex Projects
The Committee continues the direction that S&T and its
partner components brief the Committees not later than 60 days
after the date of enactment of this Act and periodically
thereafter on funding, schedule, and progress of the Apex
projects. The Committee further directs S&T to brief the
Committee not later than 14 days before signing any agreement
to initiate a new Apex project, to include, but not be limited
to, information on the goals and full cost of the proposed
effort.
Laboratory Facilities
The Committee recommends $547,785,000 for laboratory
facilities, $310,000,000 below the amount requested and
$383,018,000 above the amount provided in fiscal year 2013.
This includes $404,000,000 to incrementally fund construction
efforts of the National Bio- and Agro-defense Facility (NBAF)
which was competitively awarded and identified in the January
16, 2009 Federal Register (Volume 74, Number 11). While this
amount is lower than the amount requested in the President's
budget proposal, it is a sufficient amount to ensure that
construction of the facility proceeds on schedule and that
fully leverages funding contributions by the State of Kansas.
The Committee directs the Department to use the provided
funding for the acquisition, design, and construction of the
facility and to use funds provided under previous Acts, as
needed. Further, the Committee directs the Department to use
incremental funding for the construction of the facility and to
award a single contract or related contracts for the
development and construction of the facility which collectively
include the full scope of the project.
The Committee directs S&T to submit a detailed update of
its NBAF construction plan and schedule, to include an updated
plan for the expenditure of funds, not later than 30 days after
the date of enactment of this Act.
The Committee understands that, until NBAF is operational,
the Nation will continue to rely on the Plum Island Animal
Disease Center in New York to provide research on biological
threats that may impact America's food and livestock
industries. The Committee recommends $29,300,000 for high
priority projects at the Plum Island Animal Disease Center.
University Programs and Centers of Excellence
The Committee recommends $40,000,000 for University
Programs and Centers of Excellence, $9,000,000 above the
request and $40,000 above fiscal year 2013. The Centers of
Excellence at U.S. colleges and universities provide critical
homeland security-related research and education to address
high-priority domestic security related issues and to enhance
homeland security capabilities over the long term. The
Committee directs the Department to brief the Committee on the
method used to measure performance of the Centers not later
than 30 days after the date of enactment of this Act.
Bioassays
The Committee recognizes the recent efforts in the use of
detection technology under development within S&T that work
with near term bioassays within the Chemical and Biological
Defense Division. With the ongoing delays in existing bio
programs, the Committee encourages continued development of
assays for remaining high priority threat agents.
Cyber Security Research and Development
The Committee directs that not less than $10,000,000 of the
funds provided for cybersecurity research and development be
allocated, on a competitive basis, to research and development
projects that leverage the expertise of existing governmental
organizations to improve the intrusion detection, cyber
forensic, and software assurance capabilities of DHS.
Canine Standards
The Committee recognizes the critical role played by
detection canines in homeland security efforts across a number
of agencies in the Department. However, the Committee is
concerned that no widely accepted standards or protocols exist
on the breeding, training, conditioning and deployment of
detection canine teams. Without these standards and protocols,
the Committee is concerned that inconsistencies in the quality
of the canine, handler, or their training and deployment can
significantly reduce their effectiveness. The Committee directs
the Department to work with the National Institute for
Standards and Technology in conjunction with subject matter
experts in academia, the private sector, and other governmental
stakeholders to develop breeding, training, conditioning and
deployment standards and protocols for detection canine teams.
Explosive Detection
As shown recently in Boston, explosives defense is a
critical National security research priority. The Committee
encourages S&T to support developing mechanical and canine
detection and defense assets.
Social Media
The Committee strongly supports efforts to use social media
applications for situational awareness in order to provide
first responders with the ability to search on specified terms
within a defined geographic area. The Committee is aware that
DHS Science and Technology, Research and Development is
currently examining this capability and urges the Directorate
to pursue it in a timely manner.
First Responder Networks
The Committee supports the efforts of the Science and
Technology Directorate's First Responders Group to develop a
national network where agencies and organizations can access
and share information across disciplines, jurisdictions, and
information types in a timely fashion. A number of Virtual USA
pilot programs are well underway based on a voluntary
information sharing model that links all levels of government
within an effective technology framework established by the
Federal government. The Committee concurs with DHS efforts to
work collaboratively with the National Information Sharing
Consortium and others dedicated to information sharing and
interoperability, as well as the DHS strategy to build a
network using commercial off-the-shelf information technology
products to the maximum extent. The Committee directs the
Secretary to provide a briefing to the Committee not later than
60 days after the date of enactment of this Act regarding the
process to date, future plans and schedules, and funding by
fiscal year to establish a national network for first
responders.
European Cargo Pilot
While the Committee supports the Department's participation
in the European Union Cargo Security Pilot, which is evaluating
government-developed technologies that can secure and/or track
intermodal cargo containers, it is concerned that the Pilot is
not also evaluating commercially-developed technologies. To
ensure the evaluation is comprehensive, the Committee strongly
encourages the Department to include select commercial securing
and/or tracking solutions in the evaluation.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
Appropriation, fiscal year 2013*...................... $39,610,000
Budget request, fiscal year 2014...................... 37,510,000
Recommended in the bill............................... 37,353,000
Bill compared with:
Appropriation, fiscal year 2013................... -2,257,000
Budget request, fiscal year 2014.................. -157,000*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Management and Administration appropriation provides
for the salaries and expenses of Domestic Nuclear Detection
Office (DNDO) employees. This is a jointly-staffed office that
consists of both Federal employees and interagency detailees.
Recommendation
The Committee recommends $37,353,000 for Management and
Administration, $157,000 below the amount requested due to the
need to offset shortfalls created by the budget request's
reliance on unauthorized fees.
RESEARCH, DEVELOPMENT, AND OPERATIONS
Appropriation, fiscal year 2013*...................... $226,603,000
Budget request, fiscal year 2014...................... 211,210,000
Recommended in the bill............................... 211,210,000
Bill compared with:
Appropriation, fiscal year 2013................... -15,393,000
Budget request, fiscalyear 2014................... - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Research, Development, and Operations appropriation
funds all DHS nuclear detection research, development, test,
evaluation, and operational support activities. DNDO is
responsible for overseeing the Global Nuclear Detection
Architecture, a worldwide network of systems used to detect and
report attempts to import or transport a nuclear device or
fissile or radiological material intended for illicit use. DNDO
is continuing to improve the domestic portion of this
architecture through an integrated research, development, test,
and evaluation program, while providing support to current
operations.
Recommendation
The Committee recommends $211,210,000 for Research,
Development, and Operations, the same as the amount requested,
and $15,393,000 below the amount provided in fiscal year 2013.
A comparison of the budget estimate to the Committee
recommended level by budget activity is as follows:
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Systems Engineering and $21,222,000 $21,222,000
Architecture.....................
Systems Development............... 21,243,000 21,243,000
Transformational Research and 75,291,000 75,291,000
Development......................
Assessments....................... 39,918,000 39,918,000
Operations Support................ 30,835,000 30,835,000
National Technical Nuclear 22,701,000 22,701,000
Forensics Center.................
-------------------------------------
Total......................... $211,210,000 $211,210,000
------------------------------------------------------------------------
SYSTEMS ACQUISITION
Appropriation, fiscal year 2013*...................... $51,404,000
Budget request, fiscal year 2014...................... 42,600,000
Recommended in the bill............................... 42,600,000
Bill compared with:
Appropriation, fiscal year 2013................... -8,804,000
Budget request, fiscal year 2014.................. - - -*FY13 Enacted level does not include the 251A sequester or Sec. 3004 OMB
ATB.
Mission
The Systems Acquisition appropriation provides for
acquisition and deployment of radiation detection technologies
for other components of the Department, in particular the Coast
Guard, U.S. Customs and Border Protection, and the
Transportation Security Administration. It also supports DNDO
provision of systems engineering and test and evaluation
programs, both in support of fielded systems and prior to
acquisition, and includes funding for the development of
appropriate training, exercise, and alarm response protocols.
To carry out this mission, DNDO acquires a range of radiation
detection technologies, including fixed, mobile, and
relocatable radiation portal monitors and a range of human
portable radiation detection systems.
Recommendation
The Committee recommends $42,600,000 for Systems
Acquisition, as requested, and $8,804,000 below the amount
provided in fiscal year 2013.
------------------------------------------------------------------------
Budget Estimate Recommended
------------------------------------------------------------------------
Radiation Portal Monitor Program.. $7,000,000 $7,000,000
Securing the Cities............... 22,000,000 22,000,000
Human Portable Radiation Detection 13,600,000 13,600,000
Systems..........................
-------------------------------------
Total......................... $42,600,000 $42,600,000
------------------------------------------------------------------------
Securing the Cities
The Committee recommends $22,000,000 for the Securing the
Cities (STC) Program, as requested, to fund efforts in New York
City, Los Angeles/Long Beach area and a third urban location.
The Committee directs the Department to continue periodic
updates on the program, including the development of plans to
deploy the program to new cities, as well as a plan to
transition regions off of Federal funds.
TITLE V--GENERAL PROVISIONS--THIS ACT
Section 501. The Committee continues a provision providing
that no part of any appropriation shall remain available for
obligation beyond the current year unless expressly provided.
Section 502. The Committee continues a provision providing
that unexpended balances of prior appropriations may be merged
with new appropriation accounts and used for the same purpose,
subject to reprogramming guidelines.
Section 503. The Committee continues a provision providing
reprogramming authority for funds within an account and not to
exceed five percent transfer authority between appropriations
accounts with the requirement for a 15-day advance
Congressional notification. A detailed funding table
identifying each Congressional control level for reprogramming
purposes is included at the end of this Report. These
reprogramming guidelines shall be complied with by all agencies
funded by the Department of Homeland Security Appropriations
Act, 2014.
The Department shall submit reprogramming requests on a
timely basis and 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 on Appropriations should
include a detailed table showing the proposed revisions at the
account, program, project, and activity level to the funding
and staffing (full-time equivalent position) levels for the
current fiscal year and to the levels requested in the
President's budget for the following fiscal year.
The Department shall manage its programs and activities
within the levels appropriated. The Department should only
submit reprogramming or transfer requests 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 not approved.
The Department is not to submit a reprogramming or transfer
of funds after June 30 except in extraordinary circumstances,
which imminently threaten the safety of human life or the
protection of property. If a reprogramming or transfer is
needed after June 30, the notice should contain sufficient
documentation as to why it meets this statutory exception.
Deobligated funds are also subject to the reprogramming and
transfer guidelines and requirements set forth in this section.
Section 504. The Committee continues and modifies a
provision that prohibits funds appropriated or otherwise made
available to the Department to make payment to the Department's
Working Capital Fund, except for activities and amounts
identified in the President's fiscal year 2014 request. Funds
provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the contributing component. Any funds paid in
advance or reimbursed must reflect the full cost of each
service. The WCF shall be subject to the requirements of
section 503 of this Act.
As noted in Title I of this report, the Committee is
extremely concerned with the massive increase requested for the
Department's Working Capital Fund (WCF) and adjusts the cash
balance and rates downward by a total of $250,000,000. The
Committee believes a nearly 72.2 percent increase from current
service levels to the amount requested for fiscal year 2014 is
insufficiently justified and excessive.
Section 505. The Committee continues a provision providing
that not to exceed 50 percent of unobligated balances remaining
at the end of fiscal year 2014 from appropriations made for
salaries and expenses shall remain available through fiscal
year 2015 subject to section 503 reprogramming guidelines.
Section 506. The Committee continues a provision providing
that funds for intelligence activities are deemed to be
specifically authorized during fiscal year 2014 until the
enactment of an Act authorizing intelligence activities for
fiscal year 2014.
Section 507. The Committee continues a provision requiring
notification of the Committees on Appropriations three days
before grant allocations, grant awards, contract awards, other
transactional agreements, letters of intent, or task or
delivery orders on a multiple contract award totaling
$1,000,000 or more, or a task order greater than $25,000,000
from multi-year funds, are announced by the Department,
including contracts covered by the Federal Acquisition
Regulation. This provision is modified from previous fiscal
years to also include all sole source grant awards. The
Department is required to brief the Committees on
Appropriations five full business days prior to announcing the
intention to make a grant under State and Local Programs.
Notification shall include a description of the project or
projects to be funded, including city, county and state.
Section 508. The Committee continues a provision providing
that no agency shall purchase, construct, or lease additional
facilities for Federal law enforcement training without advance
approval of the Committees on Appropriations.
Section 509. The Committee continues a provision providing
that none of the funds may be used for any construction,
repair, alteration, and acquisition project for which a
prospectus, if required under chapter 33 of title 40, United
States Code, has not been approved.
Section 510. The Committee continues a provision that
consolidates by reference prior year statutory bill language
into one provision. These provisions relate to a contracting
officer's technical representative training; sensitive security
information, as modified; and the use of funds in conformance
with section 303 of the Energy Policy Act of 1992.
Section 511. The Committee continues a provision that none
of the funds may be used in contravention of the Buy American
Act.
Section 512. The Committee continues a provision on
reporting requirements of the DHS Privacy Officer.
Section 513. The Committee continues a provision regarding
the oath of allegiance required by section 337 of the
Immigration and Nationality Act.
Section 514. The Committee continues a provision requiring
the Chief Financial Officer to submit monthly budget execution
and staffing reports within 45 days after the close of each
month.
Section 515. The Committee continues and modifies a
provision that directs that any funds appropriated or
transferred to TSA ``Aviation Security'', ``Administration'',
and ``Transportation Security Support'' in fiscal years 2004
and 2005, which are recovered or deobligated, shall be
available only for procurement and installation of explosive
detection systems for air cargo, baggage, and checkpoint
screening systems, subject to notification. The Committee also
requires quarterly reports on recovered or deobligated funds.
Section 516. The Committee continues a provision requiring
any funds appropriated to the Coast Guard's 110-123-foot patrol
boat conversion that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or litigation,
shall be available until expended for the Fast Response Cutter
program.
Section 517. The Committee continues a provision relating
to undercover investigative operations authority of the United
States Secret Service for fiscal year 2014.
Section 518. The Committee continues a provision
classifying the functions of the instructor staff at the
Federal Law Enforcement Training Center as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act.
Section 519. The Committee modifies a provision regarding
grants or contracts awarded by any means other than full and
open competition. The Inspector General is required to review
Departmental contracts awarded noncompetitively and report on
the results to the Committees.
Section 520. The Committee continues a provision that
prohibits funding for any position designated as a Principal
Federal Official during a Stafford Act declared disaster or
emergency.
Section 521. The Committee continues 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,
subject to Section 503 of this Act. This language prevents
large scale reorganization of the Department, which the
Committee believes should be acted on statutorily by the
relevant Congressional committees of jurisdiction.
Section 522. The Committee continues a provision
prohibiting funding to grant an immigration benefit to any
individual unless the results of background checks required in
statute, to be completed prior to the grant of the benefit,
have been received by DHS.
Section 523. The Committee continues and modifies a
provision relating to other transactional authority of DHS
through fiscal year 2014.
Section 524. The Committee continues a provision that
requires the Secretary to link all contracts that provide award
fees to successful acquisition outcomes.
Section 525. The Committee continues a provision
prohibiting the obligation of funds for the Office of Secretary
and Executive Management for any new hires at DHS if they are
not verified through the E-Verify program.
Section 526. The Committee continues a provision related to
prescription drugs.
Section 527. The Committee continues a provision requiring
the Secretary of Homeland Security, in conjunction with the
Secretary of the Treasury, to notify the Committees of any
proposed transfers from the Department of Treasury Forfeiture
Fund to any agency within the Department of Homeland Security.
No funds may be obligated until the Committees approve the
proposed transfers.
Section 528. The Committee continues a provision
prohibiting funds for planning, testing, piloting or developing
a national identification card.
Section 529. The Committee continues a provision requiring
the Assistant Secretary of Homeland Security (Transportation
Security Administration) to certify that no security risks will
result if an airport does not participate in the E-Verify
program.
Section 530. The Committee continues a provision regarding
FEMA's public notice of damage assessment information used to
determine disaster declarations.
Section 531. The Committee continues a provision directing
that any official required by this Act to report or certify to
the Committees on Appropriations may not delegate any authority
unless expressly authorized to do so in this Act.
Section 532. The Committee continues and modifies a
provision that extends the date of the chemical facilities
security program.
Section 533. The Committee continues a provision
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station, Guantanamo
Bay, Cuba.
Section 534. The Committee continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 535. The Committee continues a provision
prohibiting funds in this Act 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 536. The Committee continues a provision
prohibiting funds to be used to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 537. The Committee continues and modifies a
provision on the proper disposal of personal information
collected through the Registered Traveler program. A report on
procedures and status is required to be submitted not later
than 30 days after the date of enactment of this Act.
Section 538. The Committee continues 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 539. The Committee continues a provision that
requires the Assistant Secretary of TSA to report on how the
agency will meet the requirement to screen 100 percent of air
cargo transported on passenger aircraft arriving in the United
States.
Section 540. The Committee continues a provision that
requires any new processes developed to screen aviation
passengers and crews for transportation or national security to
consider privacy and civil liberties, consistent with
applicable laws, regulations, and guidance.
Section 541. The Committee continues and modifies a
provision that makes deposits into the Immigration Examinations
Fee Account available to USCIS for the purposes of immigrant
integration grants, not to exceed $10,000,000, in fiscal year
2014. Grants may not be used to provide services to aliens who
have not been lawfully admitted for permanent residence.
Section 542. The Committee continues a provision
prohibiting funds appropriated or otherwise made available by
this Act from being used to enter into Federal contracts unless
in accordance with the Federal Property and Administrative
Services Act or the Federal Acquisition Regulation, unless
otherwise authorized by statute.
Section 543. The Committee continues and modifies a
provision appropriating $34,200,000 for data center migration.
Section 544. The Committee continues a provision regarding
disposal of Service Processing Centers or other ICE owned
detention facilities.
Section 545. The Committee continues a provision
prohibiting funds made available under this Act or any prior
appropriations Act from being provided to the Association of
Community Organizations for Reform Now.
Section 546. The Committee continues and modifies a
provision regarding multi-year investment and management plans
for CBP and ICE.
Section 547. The Committee continues a provision requiring
the Secretary to enforce existing immigration laws.
Section 548. The Committee continues and modifies a
provision requiring the Secretary to submit with the fiscal
year 2015 budget request a report detailing Coast Guard
budgetary policies, procedures, and technical direction
pertaining to acquisitions.
Section 549. The Committee continues and modifies a
provision regarding Federal network security.
Section 550. The Committee continues a provision regarding
restrictions on electronic access to pornography, except for
necessary law enforcement purposes.
Section 551. The Committee continues a provision regarding
the transfer of firearms by Federal law enforcement personnel.
Section 552. The Committee continues and modifies a
provision withholding fifty percent of the appropriations
provided for OSEM, USM, and CFO until specified reports
required by law are submitted to the Committees on or before
March 14, 2014.
Section 553. The Committee continues a provision
prohibiting funds from being obligated to implement the
National Preparedness Grant Program or any other successor
grant program unless specifically authorized by Congress.
Section 554. The Committee continues and modifies a
provision prohibiting funds for the position of Public Advocate
or a successor position within ICE.
Section 555. The Committee continues a provision regarding
funding restrictions and reporting requirements regarding
conferences occurring outside of the United States.
Section 556. The Committee continues a provision limiting
the use of funds to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, corporations convicted
of a felony criminal violation of Federal law within the
preceding 24 months. The Department shall provide an annual
report to the Committee, due within 30 days of the end of each
fiscal year, detailing its implementation of this provision,
including a list of affected corporations and a justification
for any cases in which the Department has determined that the
limitation should not apply.
Section 557. The Committee continues a provision limiting
the use of funds to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, corporations with
certain unpaid Federal tax liabilities. The Department shall
provide an annual report to the Committee, due within 30 days
of the end of each fiscal year, detailing its implementation of
this provision, including a list of affected corporations and a
justification for any cases in which the Department has
determined that the limitation should not apply.
Section 558. The Committee includes a provision providing
oversight and reporting requirements on conferences and
ceremonies costing more than $20,000.
Section 559. The Committee includes a new provision
prohibiting new pre-clearance locations unless conditions
specified in the report are met. These conditions are specified
under CBP in this report.
Section 560. The Committee continues and modifies a
provision that requires the Secretary to grant waivers from
specified requirements of section 34 of the Federal Fire
Prevention and Control Act of 1974.
Section 561. The Committee includes a new provision
prohibiting an increase in the land border crossing fee or to
conduct a study relating to the imposition of such a fee.
Section 562. The Committee includes a new provision
prohibiting the elimination or reduction of funding for a PPA
as proposed by the President's budget until such a proposal is
enacted into law or unless such change is made pursuant to
section 503 of this Act.
Section 563. The Committee includes a new provision
prohibiting funds from being used to approve a classification
petition filed for or by a citizen or national of Brazil.
Section 564. The Committee includes a new provision that
prohibits the use of funds by ICE to pay for an abortion,
except in the case of rape, incest, or to preserve the life of
the mother.
Section 565. The Committee includes a new provision that
prohibits the use of funds by ICE to require any person to
perform or facilitate the performance of an abortion.
Section 566. The Committee includes a new provision that
establishes the obligation of the Assistant Secretary of
Homeland Security for U.S. Immigration and Customs Enforcement
to provide escort services to an inmate receiving an abortion
outside of a Federal facility, as consistent with the preceding
section.
Section 567. The Committee includes a new provision
requiring the Secretary to report on the Department's
requirements for and usage of ammunition.
Section 568. The Committee includes a new provision
rescinding unobligated balances from Coast Guard--Acquisition,
Construction, and Improvements.
Section 569. The Committee continues and modifies a
provision permanently rescinding specified funds from the
Treasury Forfeiture Fund.
Section 570. The Committee continues a provision that
prohibits new budget authority from exceeding budget allocation
in Fiscal Year 2014.
APPROPRIATIONS CAN BE USED ONLY FOR THE PURPOSES FOR WHICH MADE
Title 31 of the United States Code makes clear that
appropriations can be used only for the purposes for which they
were appropriated as follows:
Section 1301. Application.
(a) Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise provided
by law.
HOUSE OF REPRESENTATIVES REPORT REQUIREMENTS
The following items are included in accordance with various
requirements of the Rules of the House of Representatives.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII off the Rules of
the House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table is submitted
describing the rescissions recommended in the accompanying
bill:
Public Law 111-83, Coast Guard, AC&I--Reduction of Unobligated scissions
Balances
Integrated Deepwater Systems (surface)....................$9,000,000
Integrated Deepwater Systems (other....................... 4,000,000
High Endurance Cutter..................................... 1,500,000
Public Law 112-10, Coast Guard, AC&I--Reduction of Unobligated
Balances
Integrated Deepwater Systems (surface).................... 7,000,000
Integrated Deepwater Systems (other)...................... 2,000,000
FRC Economic Price Adjustment (EPA)....................... 8,000,000
FRC Antecedent Liabilities (AL)........................... 4,612,000
Public Law 112-74, Coast Guard, AC&I--Reduction of Unobligated
Balances
Shore and ATON (Major Shore, MASI)........................ 8,500,000
Aircraft (HH-60 Sustainment).............................. 2,000,000
Other Systems Engineering and Integration................. 1,000,000
FRC....................................................... 7,000,000
FRC EPA...................................................13,500,000
FRC AL.................................................... 9,000,000
Public Law 113-6, Coast Guard, AC&I--Reduction of Unobligated
Balances
Post Shakedown Availability for NSC 4..................... 5,000,000
NSC 6 Gantry Crane and Davit.............................. 1,882,000
NSC 6 Waterfront Change Program........................... 3,598,000
FRC EPA...................................................14,000,000
FRC AL.................................................... 8,000,000
Treasury Forfeiture Fund.....................................100,000,000
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2), rule XIII of the Rules of the
House of Representatives, the following is submitted describing
the transfer of funds provided in the accompanying bill.
The table shows, by title, department and agency, the
appropriations affected by such transfers:
Appropriation Transfers Recommended in the Bill
----------------------------------------------------------------------------------------------------------------
Account from which transfer
Account to which transfer is to be made Account is to be made Account
----------------------------------------------------------------------------------------------------------------
Office of Inspector General................ $24,000,000 FEMA--Disaster Relief Fund... $24,000,000
----------------------------------------------------------------------------------------------------------------
DISCLOSURE OF EARMARKS AND CONGRESSIONAL DIRECTED SPENDING ITEMS
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND
RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES
(Public Law 107-206)
AN ACT Making supplemental appropriations for further recovery from and
response to terrorist attacks on the United States for the fiscal year
ending September 30, 2002, and for other purposes.
* * * * * * *
TITLE I--SUPPLEMENTAL APPROPRIATIONS
* * * * * * *
CHAPTER 12--DEPARTMENT OF THE TREASURY
* * * * * * *
GENERAL PROVISIONS--THIS CHAPTER
* * * * * * *
Sec. 1202. (a) The Federal Law Enforcement Training Center
may, for a period ending not later than [December 31, 2015]
December 31, 2016, 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 reemployed Federal
annuitant as to whom a waiver of reduction under paragraph (2)
applies shall not, for any period during which such waiver is
in effect, be considered an employee for purposes of subchapter
III of chapter 83 or chapter 84 of title 5, United States Code,
or such other retirement system (referred to in paragraph (2))
as may apply.
* * * * * * *
----------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007
(Public Law 109-295)
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
Sec. 532. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal year
[2013] 2014, 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--
(1) sums appropriated for the Secret Service,
including unobligated balances available from prior
fiscal years, may be used for purchasing property,
buildings, and other facilities, and for leasing space,
within the United States, the District of Columbia, and
the territories and possessions of the United States,
without regard to sections 1341 and 3324 of title 31,
United States Code, section 8141 of title 40, United
States Code, sections 3732(a) and 3741 of the Revised
Statutes of the United States (41 U.S.C. 11(a) and 22),
and sections 304(a) and 305 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C 254(a)
and 255);
(2) sums appropriated for the Secret Service,
including unobligated balances available from prior
fiscal years, may be used to establish or to acquire
proprietary corporations or business entities as part
of such undercover operation, and to operate such
corporations or business entities on a commercial
basis, without regard to sections 9102 and 9103 of
title 31, United States Code;
(3) sums appropriated for the Secret Service,
including unobligated balances available from prior
fiscal years and the proceeds from such undercover
operation, may be deposited in banks or other financial
institutions, without regard to section 648 of title
18, and section 3302 of title 31, United States Code;
and
(4) proceeds from such undercover operation may be
used to offset necessary and reasonable expenses
incurred in such operation, without regard to section
3302 of title 31, United States Code.
* * * * * * *
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, 2013] on October 4,
2014.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle D--Acquisitions
SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS.
(a) Authority.--Until [September 30, 2013,] September 30,
2014, and subject to subsection (d), the Secretary may carry
out a pilot program under which the Secretary may exercise the
following authorities:
(1) In general.--When the Secretary carries out
basic, applied, and advanced research and development
projects, including the expenditure of funds for such
projects, the Secretary may exercise the same authority
(subject to the same limitations and conditions) with
respect to such research and projects as the Secretary
of Defense may exercise under section 2371 of title 10,
United States Code (except for subsections (b) and
(f)), after making a determination that the use of a
contract, grant, or cooperative agreement for such
project is not feasible or appropriate. The annual
report required under subsection (b) of this section,
as applied to the Secretary by this paragraph, shall be
submitted to the President of the Senate and the
Speaker of the House of Representatives.
(2) Prototype projects.--The Secretary may, under the
authority of paragraph (1), carry out prototype
projects in accordance with the requirements and
conditions provided for carrying out prototype projects
under section 845 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160). In
applying the authorities of that section 845,
subsection (c) of that section shall apply with respect
to prototype projects under this paragraph, and the
Secretary shall perform the functions of the Secretary
of Defense under subsection (d) thereof.
* * * * * * *
(c) Additional Requirements.--
(1) In general.--The authority of the Secretary under
this section shall terminate [September 30, 2013,]
September 30, 2014, 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.
* * * * * * *
COMPLIANCE WITH RULE XIII, CLAUSE 3(F)(1)(A)
Pursuant to clause 3(f)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has inserted at the
appropriate place in the report a description of the effects of
provisions proposed in the accompanying bill which may be
considered, under certain circumstances, to change the
application of existing law, either directly or indirectly.
The bill provides, in some instances, funding of agencies
and activities where legislation has not yet been finalized. In
addition, the bill carries language, in some instances,
permitting activities not authorized by law. Additionally, the
Committee includes a number of general provisions.
TITLE I--DEPARTMENT MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
The Committee includes language providing funds for the
Office of the Secretary and Executive Management (OSEM)
offices, including funds for official reception and
representation expenses. The Committee requires spend plans for
specified offices within OSEM. The Committee also limits the
funds available until certain reporting actions have been
taken.
Office of the Under Secretary for Management
The Committee includes language providing funds for
reception and representation expenses; for costs necessary to
consolidate headquarters operations, including tenant
improvements and relocation costs; and for the human resources
information technology program. The Committee also limits the
funds available until certain reporting actions have been
taken.
Office of the Chief Financial Officer
The Committee includes language providing funds for the
Chief Financial Officer. The Committee also limits the funds
available until certain reporting actions have been taken.
Office of the Chief Information Officer
The Committee includes language providing funds for the
Chief Information Officer and for the development and
acquisition of information technology equipment, software,
services, and related activities.
Analysis and Operations
The Committee includes language providing funds for
information analysis and operations coordination activities,
including funding for official representation expenses.
Office of Inspector General
The Committee includes language providing funds for the
Office of Inspector General as well as certain confidential
operational expenses, including the payment of informants.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SALARIES AND EXPENSES
The Committee includes language making funds available for
border security, immigration, customs, and agricultural
inspections and regulatory activities; purchase or lease of
vehicles; contracting with individuals for personal services;
Harbor Maintenance Fee collections; official reception and
representation expenses; Customs User Fee collections; payment
of rental space in connection with pre-clearance operations;
and compensation of informants. The Committee includes language
regarding overtime compensation. The Committee also requires
submission of a multi-year investment and management plan.
AUTOMATION MODERNIZATION
The Committee includes language making funds available for
automated systems.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
The Committee includes language making funds available for
border security fencing, infrastructure, and technology.
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
The Committee includes language making funds available for
the operations, maintenance and procurement of marine vessels,
aircraft, unmanned aircraft systems, and other equipment;
travel; and assistance to other law enforcement agencies and
humanitarian efforts. The Committee includes language
prohibiting the transfer of aircraft and related equipment out
of Customs and Border Protection unless certain conditions are
met. In addition, the Committee requires submission of an
updated five-year strategic plan for air and marine operations.
CONSTRUCTION AND FACILITIES MANAGEMENT
The Committee includes language making funds available for
the planning, acquisition, construction, renovating, equipping,
and maintaining of buildings and facilities. In addition,
language is included requiring an expenditure plan, as well as
a real property inventory and construction plan.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
The Committee includes language making funds available to
conduct investigations of criminal violations of federal law
relating to border security, customs and trade, immigration and
naturalization, and travel and transportation; and for the
civil enforcement of the immigration and customs laws,
including the detention and removal of immigration status
violators; special operations; official reception and
representation expenses; compensation to informants; and
reimbursement of other Federal agencies for certain costs. The
Committee includes language regarding overtime compensation and
forced child labor laws, as well as a minimum number of
detention bed spaces that must be maintained. The Committee
also includes language that requires the Secretary to identify
illegal aliens who have been convicted of a crime or who pose a
serious risk to public safety or national security who are
eligible for removal. The Committee prohibits the delegation of
law enforcement authority for the 287(g) program if terms of
the agreement have been violated. The Committee prohibits funds
to continue any contract for detention services if two recent
evaluations are less than adequate.
AUTOMATION MODERNIZATION
The Committee includes language making funds available for
automated systems.
CONSTRUCTION
The Committee includes language making funds available to
plan, construct, renovate, equip and maintain buildings and
facilities.
Transportation Security Administration
AVIATION SECURITY
The Committee includes language making funds available for
civil aviation security, including the availability of funds
for one year for Screener Compensation and Benefits; and
establishing conditions under which security fees are collected
and credited. The Committee also includes language providing
funds for reception and representation expenses. The Committee
limits staffing to 46,000 full-time equivalent screeners, not
including part-time hires, and requires a report on advanced
technology and staffing deployment. Finally, the bill includes
language clarifying a variety of people are not exempt from
screening.
SURFACE TRANSPORTATION SECURITY
The Committee includes language providing funds for surface
transportation security programs of the Transportation Security
Administration, including additional surface canine teams for
the mass transit and maritime domain.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
The Committee includes language providing funds for
screening programs.
TRANSPORTATION SECURITY SUPPORT
The Committee includes language providing funds for TSA's
transportation security support and intelligence programs. The
Committee includes language requiring the submission of
detailed expenditure plans for air cargo, checkpoint support
systems, and explosive detection systems refurbishment,
procurement and installation.
FEDERAL AIR MARSHALS
The Committee includes language providing funds for the
Federal Air Marshals, and requires an expenditure and staffing
plan.
Coast Guard
OPERATING EXPENSES
The Committee includes a provision regarding passenger
motor vehicles, small boats, repairs and service life-
replacements, minor shore construction projects, recreation and
welfare, and the Oil Spill Liability Trust Fund. The Committee
also includes language on reception and representation
expenses. The Committee withholds funding for the Headquarters
Directorate until certain conditions have been met.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
The Committee includes language providing funds for
environmental compliance and restoration of the Coast Guard and
directs the inclusion of costs associated with backlogged
projects be included in the annual budget submission.
RESERVE TRAINING
The Committee includes language providing funds for the
Coast Guard reserve, including maintenance and operation of the
reserve program, personnel and training costs, equipment and
services.
ACQUISITIONS, CONSTRUCTION AND IMPROVEMENTS
The Committee includes language providing for funds for the
Coast Guard acquisition, construction, renovation, and
improvement of aids to navigation, shore facilities, housing,
vessels, and aircraft as well as for maintenance,
rehabilitation, lease and operations of facilities and
equipment. The Committee includes provisions clarifying
contracting for long lead time materials, availability of funds
for production and post-production costs, and requiring a
capital investment plan for future appropriations years with
certain conditions.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
The Committee includes language providing funds for applied
scientific research, development, test, and evaluation; and for
maintenance, rehabilitation, lease and operation of facilities
and equipment. The Committee includes language allowing funds
to remain available until September 30, 2015; authorizing funds
to be derived from the Oil Spill Liability Trust Fund; and
authorizing funds received from State and local governments,
other public authorities, private sources, and foreign
countries to be credited to this account and used for certain
purposes.
RETIRED PAY
The Committee includes language providing funds for retired
pay and medical care for the Coast Guard's retired personnel
and their dependents and makes these funds available until
expended.
United States Secret Service
OPERATING EXPENSES
The Committee includes language that provides funds for the
purchase and replacement of vehicles; the hire of aircraft;
purchase of motorcycles; services of expert witnesses as may be
necessary; rental of certain buildings; improvements to
buildings as may be necessary for protective missions; per diem
and subsistence allowances; firearms matches; presentation of
awards; protective travel; research and development; grants for
behavioral research; official reception and representation
expenses; technical assistance and equipment to foreign law
enforcement organizations; advance payment for commercial
accommodations; and uniforms. The Committee provides for two-
year availability of funds for protective travel. The Committee
authorizes the obligation of funds in anticipation of
reimbursements for training, under certain conditions. The
Committee also restricts the obligation of funds to compensate
employees for overtime in an annual amount in excess of $35,000
except under certain conditions. Finally the Committee
prohibits funds to be available for the protection of the head
of a Federal agency other than the Secretary of Homeland
Security unless the Secret Service has entered into a
reimbursable agreement.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
The Committee includes language providing funds for the
acquisition, construction, improvement, and related expenses of
Secret Service facilities.
TITLE III--PREPAREDNESS AND RECOVERY
National Protection and Programs Directorate
MANAGEMENT AND ADMINISTRATION
The Committee includes language providing funds for the
Office of the Under Secretary for National Protection and
Programs Directorate as well as to support business operations
and information technology. The Committee also includes
language providing funds for official reception and
representation expenses.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
The Committee includes language making funds available for
cyber security activities and infrastructure protection, of
which certain funds are available until September 30, 2015.
FEDERAL PROTECTIVE SERVICE
The Committee includes language making funds available
until expended for the operations of the Federal Protective
Service.
Office of Biometric Identity Management
The Committee includes language making funds available for
the Office of Biometric Identity Management.
Office of Health Affairs
The Committee includes language making funds available for
health affairs, biosurveillance, BioWatch, medical readiness
planning, and chemical response. The Committee also includes
language providing funds for official reception and
representation expenses.
Federal Emergency Management Agency
SALARIES AND EXPENSES
The Committee includes language that provides funds for
salaries and expenses. The Committee also includes a provision
providing funds for reception and representation expenses,
Urban Search and Rescue Response System, Mount Weather
Emergency Operations Center, and a provision limiting
administrative costs for Urban Search and Rescue Teams.
STATE AND LOCAL PROGRAMS
The Committee includes language that provides funds for
grants, contracts, cooperative agreements, other activities,
including grants to State and local governments for terrorism
prevention. The Committee also includes a provision identifying
the amount of funds available for Operation Stonegarden and for
National Programs. The Committee includes language specifying
the conditions under which both applications and grants are
made to certain grants made in the Act. The Committee also
includes language specifying the conditions for distribution of
certain grants.
FIREFIGHTER ASSISTANCE GRANTS
The Committee includes language that provides funds for
grants.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
The Committee includes language that provides funds for
grants.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
The Committee includes a provision regarding charges
assessed for the radiological emergency preparedness program,
including conditions and methodology for the assessment and
collection of fees.
UNITED STATES FIRE ADMINISTRATION
The Committee includes language that provides funds for
expenses of the U.S. Fire Administration.
DISASTER RELIEF
The Committee includes language making funds available
until expended and requires a variety of reporting
requirements.
FLOOD HAZARD MAPPING AND RISK ANALYSIS
The Committee includes language making funds available for
flood hazard mapping, including administrative costs.
NATIONAL FLOOD INSURANCE FUND
The Committee includes language limiting funds available
for salaries and expenses and language making funds available
for flood hazard mitigation floodplain management available
until September 30, 2015. The Committee includes provisions
limiting operating expenses; for interest on Treasury
borrowings; for agents' commissions and taxes; for fees
collected and available for floodplain management; and for
flood mitigation activities associated with sections of the
National Flood Insurance Act of 1968. The Committee includes
language permitting additional fees collected be credited as an
offsetting collection and available for floodplain management.
The Committee includes language providing that not to exceed
four percent of the total appropriation is available for
administrative costs.
NATIONAL PREDISASTER MITIGATION FUND
The Committee includes language authorizing grant awards to
be available until expended.
EMERGENCY FOOD AND SHELTER
The Committee includes language making funds available
until expended and limiting total administrative costs to 3.5
percent of the total appropriation.
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
The Committee includes language making funds available for
the E-Verify program, as well as permitting replacement of
vehicles.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
The Committee includes language making funds available for
official representation expenses; purchase of police type
pursuit vehicles; student athletic and related recreational
activities; conducting and participating in firearms matches;
public awareness and community support; room and board;
services authorized by 5 U.S.C. 3109; law enforcement
accreditation; reimbursements for certain mobile phone
expenses. The Committee includes language authorizing the
training of certain law enforcement personnel; authorizes the
use of appropriations and reimbursements for such training and
establishes a cap on total obligations. The Committee also
includes language authorizing funds for the compensation of
accreditation costs for participating agencies; and on the
scheduling of basic or advanced law enforcement training.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS AND RELATED EXPENSES
The Committee includes language making funds available for
real property and facilities and authorizes reimbursement from
government agencies request construction of special use
facilities.
Science and Technology
MANAGEMENT AND ADMINISTRATION
The Committee includes language providing funds for
management and administration as well as official reception and
representation expenses. The Committee also includes a
provision requiring the submission of a reporting detailing
reforms within the S&T Directorate.
RESEARCH, DEVELOPMENT, ACQUISITION AND OPERATIONS
The Committee includes language making funds available for
research, development, test and evaluation; acquisition; and
operations. The Committee also includes a provision providing
funds for the National Bio- and Agro-defense Facility.
Domestic Nuclear Detection Office
MANAGEMENT AND ADMINISTRATION
The Committee includes language that provides funds for
management and administration. The Committee also includes a
provision providing funds for reception and representation
expenses, and requires a strategic investment plan for
implementation of Department of Homeland Security
responsibilities under the domestic component of the global
nuclear detection architecture.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
The Committee includes language making funds available for
nuclear detection research, development, testing and
evaluation.
SYSTEMS ACQUISITION
The Committee includes language making funds available for
the purchase and deployment of radiation detection equipment.
TITLE V--GENERAL PROVISIONS
Language limiting the availability of any appropriation for
obligation beyond the current year unless expressly provided.
Language permitting unexpended balances of prior
appropriations to be merged with new appropriation accounts and
used for the same purpose, subject to reprogramming guidelines.
Language providing reprogramming authority for funds within
an account and limiting the percent that can be transferred
between appropriations accounts with the requirement for a 15-
day advance Congressional notification. A detailed funding
table identifying each Congressional control level for
reprogramming purposes is included at the end of this Report.
These reprogramming guidelines shall be complied with by all
agencies funded by the Department of Homeland Security
Appropriations Act, 2014, for obligation and deobligation of
funds.
Language prohibiting funds appropriated or otherwise made
available to the Department to make payment to the Working
Capital Fund (WCF), except for activities and amounts allowed
in the President's fiscal year 2014 request. Funds provided to
the WCF are available until expended. The Department can only
charge components for direct usage of the WCF and these funds
may be used only for the purposes consistent with the
contributing component. Any funds paid in advance or reimbursed
must reflect the full cost of each service. The WCF shall be
subject to the requirements of section 503 of this Act.
Language providing that not to exceed 50 percent of
unobligated balances remaining at the end of fiscal year 2014
from appropriations made for salaries and expenses remain
available through fiscal year 2015 subject to reprogramming
guidelines.
Language providing that funds for intelligence activities
are deemed to be specifically authorized during fiscal year
2014 until the enactment of an Act authorizing intelligence
activities for fiscal year 2014.
Language requiring notification of the Committees on
Appropriations three days before grant allocations, grant
awards, contract awards, other transactional agreements, letter
of intents, or task or delivery order on a multiple contract
award totaling $1,000,000 or more, or a task order greater than
$25,000,000 from multi-year funds, is announced by the
Department, including contracts covered by the Federal
Acquisition Regulation or sole source grant award. The
Department is required to brief the Committees on
Appropriations five full day business days prior to announcing
the intention to make a grant under State and Local Programs.
Language prohibiting any agency from purchasing,
constructing, or leasing additional facilities for Federal law
enforcement training without advance approval of the Committees
on Appropriations.
Language prohibiting funds to be used for any construction,
repair, alteration, and acquisition project for which a
prospectus, if required under chapter 33 of title 40, United
States Code, has not been approved.
Language consolidating, by reference, prior year statutory
bill language into one provision. These provisions relate to
contracting officer's technical representative training;
sensitive security information; and the use of funds in
conformance with Section 303 of the Energy Policy Act of 1992.
The language eliminates statutory reporting requirements for
SSI.
Language prohibiting funds being used in contravention of
the Buy American Act.
Language on reporting requirements for the DHS Privacy
Officer.
Language maintaining the use of the oath of allegiance
required by Section 337 of the Immigration and Nationality Act.
Language requiring the Chief Financial Officer to submit
monthly budget execution and staffing reports within 45 days
after the close of each month.
Language directing that any funds appropriated or
transferred to TSA ``Aviation Security'', ``Administration'',
and ``Transportation Security Support'' in fiscal years 2004
and 2005, which are recovered or deobligated, shall be
available only for procurement and installation of explosive
detection systems for air cargo, baggage, and checkpoint
screening systems. The Committee also requires quarterly
reports on recovered or deobligated funds.
Language requiring any funds appropriated to the Coast
Guard's 110-123 foot patrol boat conversion that are recovered,
collected, or otherwise received as a result of negotiation,
mediation, or litigation, be available until expended for the
Fast Response Cutter program.
Language relating to undercover investigative operations
authority of the Secret Service for fiscal year 2014.
Language classifying the functions of the instructor staff
at FLETC as inherently governmental for purposes of the Federal
Activities Inventory Reform Act.
Language prohibiting the obligation of funds to the Office
of the Secretary and Executive Management, the Office of the
Under Secretary for Management, and the Office of the Chief
Financial Officer for grants or contracts awarded by any means
other than full and open competition. Certain exceptions apply,
and this provision does not require new competitions of
existing contracts during their current terms. The bill also
requires the Inspector General to review Departmental contracts
awarded noncompetitively and report on the results to the
Committees.
Language prohibiting funding for any position designated as
a Principal Federal Official during a Stafford Act declared
disaster or emergency.
Language precluding DHS from using funds in this Act to
carry out reorganization authority.
Language prohibiting funding to grant an immigration
benefit to any individual unless the results of background
checks required in statute be completed prior to the grant of
the benefit have been received by DHS.
Language relating to the use of transactional authority by
DHS through fiscal year 2014.
Language requiring the Secretary to link all contracts that
provide award fees to successful acquisition outcomes.
Language prohibiting the obligation of funds for the Office
of Secretary and Executive Management for any new hires at DHS
if they are not verified through E-Verify.
Language regarding prescription drugs.
Language requiring the Secretary, in conjunction with the
Secretary of Treasury, to notify the Committees of any proposed
transfers from the Department of Treasury Forfeiture Fund to
any agency within DHS. No funds may be obligated until the
Subcommittees approve the proposed transfers.
Language prohibiting funds for the planning, testing,
piloting or developing a national identification card.
Language requiring the Administrator of TSA to certify that
no security risks will result if an airport does not
participate in the E-Verify program.
Language requiring FEMA to publish on its website a report
summarizing damage assessment information used to determine
disaster declarations.
Language directing that any official required by this Act
to report or certify to the Committees on Appropriations may
not delegate any authority unless expressly authorized to do so
in this Act.
Language extending the date of the chemical security
program.
Language prohibiting the use of funds for the transfer or
release of individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Language prohibiting funds in this Act to be used for
first-class travel.
Language prohibiting funds in this Act 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.
Language prohibiting funds to be used to employ illegal
workers as described in Section 274A(h)(3) of the Immigration
and Nationality Act.
Language on the proper disposal of personal information
collected through the Registered Traveler program. A report on
procedures and status is required to be submitted 30 days after
the date of enactment of this Act.
Language 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.
Language requiring the Assistant Secretary of TSA to submit
quarterly reports on how the agency will meet the requirement
to screen 100 percent of air cargo transportation on passenger
aircraft arriving in the United States.
Language requiring any new processes developed to screen
aviation passengers and crews for transportation or national
security to consider privacy and civil liberties, consistent
with applicable laws, regulations, and guidance.
Language making immigration examination fee collections
explicitly available for immigrant integration grants, not to
exceed $10,000,000, in fiscal year 2014.
Language prohibiting funds appropriated or otherwise made
available by this Act from being used to enter into federal
contracts unless in accordance with the Federal Property and
Administrative Services Act or the Federal Acquisition
Regulation, unless otherwise authorized by statute.
Language appropriating $34,200,000 for data center
migration.
Language permitting the Secretary to dispose of Service
Processing Centers or other ICE owned detention facilities by
directing GSA to sell all real and related property subject to
such terms and conditions as necessary to protect Government
interests and meet program requirements, provided that the
proceeds of the sale shall be deposited as offsetting
collections and shall be available and subject to
appropriation.
Language prohibiting funds appropriated or otherwise made
available by this Act from being provided to the Association of
Community Organizations for Reform Now (ACORN).
Language directing CBP and ICE to submit to the Committees
at the time of the budget proposal for fiscal year 2015, the
information required in the multi-year investment and
management plans required in the Consolidated Appropriations
Act, 2012.
Language requiring the Secretary to enforce existing
immigration laws.
Language requiring the Secretary to submit with the fiscal
year 2015 budget request a report detailing Coast Guard
budgetary policies, procedures, and technical direction
pertaining to acquisitions.
Language appropriating funds for Federal network security.
Language prohibiting funds made available in this Act from
being used to establish or maintain computer networks unless
such networks block pornography.
Language regarding the transfer of firearms by Federal law
enforcement personnel.
Language withholding fifty percent of the appropriations
provided for OSEM, USM and CFO until specified reports required
by law are submitted.
Language prohibiting funds for the implementation of the
National Preparedness Grant Program or any successor grant
program.
Language prohibiting funds for the position of Public
Advocate or successor position within ICE.
Language including a new provision regarding funding
restrictions and reporting requirements regarding conferences
occurring outside of the United States
Language prohibiting funds made available by this act from
being used to enter into a contract or agreement with, or
provide a loan or loan guarantee to, any corporation that was
convicted of a felony criminal violation within the last 24
months.
Language prohibiting funds made from being used to enter
into a contract or agreement with any corporation that has any
unpaid Federal tax liabilities.
Language regarding funding restrictions and reporting
requirements for conferences, ceremonies, cornmissionings, and
decommissionings for which the cost to the Government was more
than $20,000.
Language prohibiting pre-clearance locations unless CBP
meets certain conditions and conducts the necessary analysis
and reporting.
Language requiring DHS to grant waivers to section 34 of
the Federal Fire Prevention and Control Act of 1974 when making
grants for Firefighter Assistance Grants.
Language prohibiting DHS from imposing border crossing fees
at land ports of entry along the Southern or Northern borders,
or to conduct any fee study.
Language prohibiting DHS from carrying out activities in
the manner proposed by the President's budget request until
enacted into law by a subsequent Appropriation Act.
Language prohibiting CIS from approving classification
petitions filed for or by a citizen or national of Brazil to
receive immigrant visas.
Language prohibiting ICE from paying for abortions except
in certain circumstances.
Language prohibiting ICE from requiring any person to
perform an abortion.
Language authorizing ICE to escort female detainees outside
the detention facilities.
Language requiring the Secretary to report on the
Department's requirements, inventories, and usage of
ammunition.
Language rescinding unobligated balances from Coast Guard--
Acquisition, Construction, and Improvements.
Language permanently rescinding unobligated balances from
the Treasury Forfeiture Fund.
Language prohibiting new budget authority from exceeding
the budget allocation in fiscal year 2014.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1) of rule XIII of the House of
Representatives, the following table lists the appropriations
in the accompanying bill that are not authorized by law:
FY 2014 SCHEDULE OF UNAUTHORIZED APPROPRIATIONS
[Gross Discretionary--Dollars in thousands]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Last year of Appropriation in last Appropriations in this
Agency/program authorization Authorized level year of authorization bill
--------------------------------------------------------------------------------------------------------------------------------------------------------
Office of the Secretary and Executive Management.... 2002 N/A N/A $126,554
Office of the Under Secretary for Management........ 2002 N/A N/A $202,686
Office of the Chief Financial Officer............... 2002 N/A N/A $48,779
Office of the Chief Information Officer............. 2002 N/A N/A $327,254
Analysis & Operations\1\............................ 2002 N/A N/A $309,228
Office of the Inspector General..................... 1978 $129,614 $129,614 $143,309
Customs and Border Protection, Salaries and Expenses 2004 \2\$3,083,259 \3\$4,396,350 $8,275,983
Customs and Border Protection, Automation N/A N/A N/A $797,897
Modernization......................................
Customs and Border Protection, Border Security, N/A N/A N/A $351,454
Fencing, Infrastructure and Technology, Tactical
Communications\4\..................................
Customs and Border Protection, Air and Marine N/A N/A N/A $802,741
Interdiction, Operations, Maintenance, and
Procurement........................................
Customs and Border Protection, Construction and N/A N/A N/A $471,278
Facilities Management..............................
Immigration and Customs Enforcement, Salaries and \5\2003/\6\2004 N/A\5\$1,399,592 \7\$3,032,094; N/A\8\ $5,344,461
Expenses...........................................
Immigration and Customs Enforcement, Automation \5\2003 N/A $380,000 $34,900
Modernization......................................
Immigration and Customs Enforcement, Construction... \5\2003 N/A \5\$258,637 $5,000
Transportation Security Administration, Aviation 2011 N/A $5,219,546 $4,872,739
Security...........................................
Transportation Security Administration, Surface 2011 N/A $105,961 $108,618
Transportation Security............................
Transportation Security Administration, 2005 Such sums $54,919 $248,617
Transportation Threat Assessment and
Credentialing\5\...................................
Transportation Security Administration, N/A N/A N/A $901,666
Transportation Security Support....................
Transportation Security Administration, Federal Air 2011 Such sums $929,802 $821,107
Marshal Service....................................
United States Coast Guard, Operating Expenses....... \10\20I3 \11\$7,077,783 \1\$6,813,961 $6,839,416
United States Coast Guard, Environmental Compliance 2013 $16,699 $13,138 $13,164
and Restoration....................................
United States Coast Guard, Reserve Training......... 2013 $136,778 $132,395 $112,991
United States Coast Guard, Acquisition Construction, 2013 $1,421,924 $1,543,354 $951,116
and Improvements...................................
United States Coast Guard, Research Development Test 2013 $19,779 $19,664 $19,856
and Evaluation.....................................
United States Coast Guard, Retired Pay.............. 2013 $1,440,157 $1,423,000 $1,460,000
United States Secret Service, Acquisition, N/A N/A N/A $51,775
Construction, Improvements and Related Expenses....
United States Secret Service, Salaries and 2010 N/A N/A $1,534,589
Expense\12\........................................
NPPD--Federal Protective Service.................... \13\2002 N/A N/A $1,301,824
Office of Health Affairs\14\........................ N/A N/A N/A $123,425
FEMA, Salaries and Expenses......................... N/A N/A N/A $914,795
FEMA, State and Local Programs...................... Various Years Various Amounts Various Amounts $1,500,000
FEMA, State and Local Programs: State Homeland 2008 $950,000 $950,000 N/A
Security Grant Program.........................
FEMA, State and Local Programs: Emergency 2008 $400,000 $300,000 $350,000
Management Performance Grants..................
FEMA, State and Local Programs: Urban Area 2008 $850,000 $820,000 N/A
Security Initiative............................
FEMA, State and Local Programs: Urban Search and 2008 $45,000 $36,700 N/A
Rescue Response System.........................
FEMA, State and Local Programs: Interoperable 2008 N/A $50,000 N/A
Emergency Communications Grants................
FEMA, State and Local Programs: Operation N/A $54,890 $54,890 $55,000
Stonegarden....................................
FEMA, State and Local Programs: Citizen Corps 2002 $10,000 $10,000 N/A
Program........................................
FEMA, State and Local Programs: Metropolitan 2007 N/A N/A N/A
Medical Response System........................
FEMA, State and Local Programs: Drivers License 2009 Such sums N/A N/A
Security Program...............................
FEMA, State and Local Programs: Buffer Zone N/A N/A N/A N/A
Protection Program Grants......................
FEMA, Assistance for Firefighters grants............ 2013 $750,000 $675,000 $675,000
FEMA, Emergency Management Performance Grants....... 2008 $400,000 $300,000 $350,000
FEMA, Flood Map Modernization Fund.................. 2011 N/A N/A $95,202
FEMA, Disaster Relief Fund.......................... N/A N/A N/A $6,220,908
FEMA, U.S. Fire Administration...................... 2009 $45,588 $45,588 $42,162
United States Citizenship and Immigration Services.. 2002 $631,745 $707,392 $114,213
Federal Law Enforcement Training Center, Salaries & N/A N/A N/A $227,845
Expenses...........................................
Federal Law Enforcement Training Center, Acquisition N/A N/A N/A $30,885
Construction and Improvements Related Expenses.....
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Analysis & Operations Appropriation partially authorized under the FY 2013 Intelligence Authorization Act.
\2\For FY 2004, P.L. 107-210, section 311(b)(1) authorized $1,683,667,050 for Commercial Activities and section 311(a)(2) authorized $1,399,592,400 for
non-Commercial Activities; in FY 2002 ``Such Sums'' were authorized for Agriculture, Plant and Health Inspection Service, which received $730,710,000
in appropriations; and in FY 2003 $2,739,695,000 was authorized for Immigration and Naturalization Service--inspection, investigations, Border Patrol,
detention and deportation only, and $3,195,094 was appropriated as follows: $2,862,094,000 for FY 2003 INS Salaries and Expenses appropriation, and
$333,000,000 for FY 2003 Wartime Supplemental Appropriations Act, P.L. 108-11. P.L. 109-347, for FY 2010: section 203(g)(3) $37,485,000 for
``Automated Targeting System'', and section 205(m) (3) $153,300,000 for the Container Security Initiative. P.L. 109-347, for FY 2010, section
223(a)(3) authorized $75,600,000 for Customs-Trade Partnership Against Terrorism (C-TPAT) and for FY 2012, section 223(b)(5) authorized $21,000,000
for C-TPAT additional personnel; and 19 U.S.C. 2075, as amended, section 301(h)(3)(E) authorized up to 1000 additional Customs and Border Protection
Officers, $217,000,000.
\3\Total for Salaries and Expenses, including for unauthorized activities such as immigration inspection and enforcement, Border Patrol, air and marine
enforcement operations, and agriculture inspections.
\4\CBP/BSFIT only authorized for ``improvement of barriers at the border.''
\5\Immigration and Naturalization Service--inspection, investigations, Border Patrol, detention and deportation only (8 U.S.C. 1101, note; Immigration
and Nationality Act, section 404(a)).
\6\Customs Service, including the investigations function (19 U.S.C. 2075(b)(1)).
\7\Includes $2,862,094,000 from the FY 2003 INS Salaries and Expenses appropriations, and $170,000,000 included in the FY 2003 Wartime Supplemental
Appropriations Act, PL 108-11.
\8\No 2004 appropriation for the U.S. Customs Service.
\9\The Transportation Threat Assessment and Credentialing Appropriation has not been authorized. The Indirect Air cargo Fee and Certified Cargo
Screening Program Fee are included under the Air Cargo Fee in FY 2013. Large Aircraft Security Program Fee and Sensitive Security Information Fee
included in Other Security Threat Assessment Fee in FY 2013.
\10\Coast Guard and Maritime Transportation Act of 2012, P.L. 112-213, was signed December 20, 2012 (FY 2013).
\11\Amounts for Coast Guard Operating Expenses excludes amount appropriated for Overseas Contingency Operations/Global War on Terror.
\12\The Secret Service is established in 18 U.S.C. 3056 and 18 U.S.C. 3056A. 18 U.S.C. 1029 and 1030 specifically authorized the Service to investigate
offenses under those sections.
\13\Section 1706 of the Homeland Security Act of 2002.
\14\The Chief Medical Officer is authorized in P.L. 109-295 and the National Biosurveillance Integration Center is authorized in P.L. 110-053, Section
1101.
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget Act
requires the report accompanying a bill providing new budget
authority to contain a statement comparing the levels in the
bill to the suballocations submitted under section 302(b) of
the Act for the most recently agreed to concurrent resolution
on the budget for the applicable fiscal year. That information
is provided in the table headed ``Comparison of Reported Bill
to Section 302(b) Suballocation.''
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302 (b) allocation This bill
---------------------------------------------------
Budget Budget
authority Outlays authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees: Subcommittee on Homeland Security
General Purpose Discretionary........................... 44,619 45,983 44,619 \1\45,983
Mandatory............................................... 1,460 1,478 1,460 1,478
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
FIVE YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains five-year projections
associated with the budget authority provided in the
accompanying bill:
[In millions of dollars]
------------------------------------------------------------------------
Outlays
------------------------------------------------------------------------
Projection of outlays associated with the recommendation:
2014................................................... 25,845
2015................................................... 9,282
2016................................................... 5,604
2017................................................... 2,844
2018 and future years.................................. 2,183
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to state and local
governments is as follows:
[In millions of dollars]
------------------------------------------------------------------------
Budget
authority Outlays
------------------------------------------------------------------------
Financial assistance to State and local 5,436 \1\359
governments for 2014.........................
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
PROGRAM DUPLICATION
The bill extends the expiration date for the Chemical
Facilities Anti-Terrorism Standards (CFATS) program for the
duration of fiscal year 2014 to assure no lapse in this program
pending the reauthorization of the program by the authorization
committee. To the Committee's knowledge, this program has not
been included in a report from the Government Accountability
Office pursuant to section 21 of Public Law 111-319, the
Catalog of Federal Domestic Assistance has not identified other
programs related to the program, and this program does not
duplicate another Federal program.
DIRECTED RULE MAKING
The bill does not contain any provision that specifically
directs the promulgation or completion of a rule.
DETAILED EXPLANATIONS IN REPORT
The following table contains detailed funding
recommendations at the program, project, and activity (PPA)
level. Public Law 112-10 (signed into law on April 15, 2011)
required the Department to submit a detailed fiscal year 2011
expenditure plan by program, project, and activity no later
than May 9, 2011. Because the Department and the Committee
continued to reconcile discrepancies on this expenditure plan
days before both the Subcommittee and Full Committee markups of
this fiscal year 2012 bill, the following table does not
include fiscal year 2011 enacted funding per PPA. Subsequent
technical adjustments to funding comparisons between the
recommended and enacted funding levels may be required.
Furthermore, it should be emphasized again that a more detailed
statement describing the effect of the above provisions
inserted by the Committee that directly or indirectly change
the application of existing law may be found at the appropriate
place in this report.
MINORITY VIEWS OF NITA LOWEY AND DAVID PRICE
We want to begin by commending Chairman Carter for the
open, collaborative and bipartisan process he led in the
development of his Subcommittee mark. We are supportive of the
funding levels provided in the bill, with certain exceptions,
although we object to a number of unnecessary and, in some
cases, harmful policy provisions.
The bill provides adequate funding for the front line
employees of the Department of Homeland Security, so that they
can continue to conduct critical operations along our borders,
protect our nation's airports and seaports, and respond to
natural disasters. The bill maintains or increases funding for
critical grant programs while rejecting the Administration's
proposed reformulation of the grant structure, which is lacking
in detail and has not been authorized. Specifically, we are
pleased that funding for FEMA State and Local grants was
increased by $35 million over the fiscal year 2013 enacted
level, and that both fire grants and emergency management
performance grants are funded at the requested levels. Equally
important, the bill provides an increase of $17 million for
research and development efforts through the Science and
Technology Directorate, allowing work on high priority research
efforts to continue as well as new projects to begin, and
provides $404 million for the construction of the National Bio
and Agro Defense Facility. The bill also increases funding for
operations and for critical acquisitions for the Coast Guard
and the Customs and Border Protection Office of Air and Marine
to recapitalize aging assets and procure new assets in support
of front-line activities. It funds the additional 1,600 Customs
and Border Protection Officers requested by the Administration,
and substantially strengthens cyber security protection
efforts. In addition, the bill funds disaster relief at the
requested level, including $5.6 billion through the Budget
Control Act cap adjustment.
Overall Funding Level
We are dismayed by the House Majority's refusal to go to
conference to forge a bipartisan agreement on the budget
resolution that addresses sequestration and provides workable
302(b) allocations for Appropriations bills. This failure of
the House Leadership imperils this year's appropriations
process, making it nearly impossible to move all 12 bills.
Sequestration was intended to be a mechanism to force the
parties to come together to address our long-term fiscal
challenges. It was never meant to be, in itself, a tool for
deficit reduction, and it was certainly never meant to be the
basis for a discretionary spending cap in a budget resolution.
The allocation for the fiscal year 2014 Department of
Homeland Security appropriations bill is generous compared to
the allocations for most other subcommittees, although it is
still lower than needed to allow the Department to fulfill its
important security and enforcement missions. If the current
302(a) allocation stays in effect, however, we will likely
advance only a few bills with reasonable allocations, including
the Homeland Security appropriations bill, while most of the
remaining bills are left below sequestration levels, totally
inadequate and impossible to pass. Using the Ryan budget
allocation for discretionary spending, the only thing this
Committee will produce is a long summer and early fall with no
real progress on most of the FY 2014 Appropriations bills,
making inevitable the need for a continuing resolution, or a
series of them, well into the coming fiscal year in order to
keep the government open and running.
Burdensome Immigration Provisions
While we appreciate the willingness of the Chairman to
continue statutory language on the deportation of criminal
aliens, continued oversight of 287(g) agreements, and funding
above the request for the Alternatives to Detention program, we
strongly oppose the inclusion of statutory language mandating
that Immigration and Customs Enforcement (ICE) maintain a level
of not less than 34,000 detention beds, which is 2,200 more
than the budget request. Setting an arbitrary minimum for
detention beds, especially in this fiscal climate, denies ICE
the flexibility it needs to manage its enforcement and removal
resources in response to changing circumstances and to use
cheaper, alternative forms of supervision when appropriate.
The bill also unnecessarily maintains the 287(g) program,
which, in addition to being seriously flawed, is in fact
obsolete with the full implementation of the Secure Communities
program
Reductions to Facilities Construction and Information Technology
Recognizing that the majority had to make cuts to meet the
Ryan budget cap, it is nonetheless unfortunate that the bill
provides no funding for construction activities at the new DHS
headquarters and provides less funding for the consolidation of
data center activities. As we continue through the
appropriations process, we will need additional resources to
invest in these important priorities, both of which will reduce
future costs and improve efficiency.
Departmental Management
The bill makes significant cuts to DHS headquarters
accounts, in part as a consequence for inadequately responding
to Committee deadlines and directives, but also to prioritize
funding for the Department's front-line operations. For
example, the bill reduces the appropriation for the Office of
the Secretary and Executive Management (OSEM) by 18.4 percent
compared to the request, including a 50 percent cut to both the
Office of the Executive Secretary and the Office of the Chief
of Staff. The Office of the Undersecretary for Management (USM)
and the Office of the Chief Financial Officer (CFO) are both
cut by approximately 15 percent compared to the request, and
many management accounts for the component offices are also
substantially reduced below the requested level, the fiscal
year 2013 enacted level, or both.
In addition, the bill withholds 50 percent of the already
limited funding provided to OSEM, USM, and CFO until these
offices submit certain required reports and plans to the
Committee.
We support the general commitment to oversight evinced in
the bill--a consistent theme for this Subcommittee since the
Department was formed in 2003--but we are concerned that these
steps go beyond what is needed to improve compliance with the
Committee's directives and reporting deadlines. We agree that
the Department has been unacceptably delinquent in providing
statutorily required reports that are critical to Committee
decision making, but hope we can temper some of the
withholdings and restore OSEM, USM, CFO and other management
accounts to more realistic funding levels as we continue to
move through the process.
Women's Health Amendment Adopted in Full Committee
Over strong Democratic objections, the Full Committee
adopted an amendment containing three general provisions
related to the availability of reproductive health services for
women detained by ICE. The amendment: (1) prohibits ICE from
paying for abortions, except for cases in which the life of the
mother would be endangered, or in the case of rape or incest;
(2) prohibits ICE from requiring a person to perform or
facilitate the performance of an abortion; and (3) clarifies
that the amendment does not remove ICE's obligation to provide
escort services for a female detainee to obtain abortion
services outside the detention facility, as consistent with
(2).
These restrictions on the use of federal funds for abortion
procedures are already applicable to ICE and the Department of
Homeland Security by President Obama's Executive Order 13535,
issued on March 24th, 2010, and are specifically formalized in
Part 4.4 of ICE's Detention Standards. While many of us believe
that those restrictions are excessive, they are a settled
matter, and so we fail to see the point of interjecting this
issue on a Homeland Security funding bill. The effect of this
amendment is to pick an unnecessary political fight--as if we
did not already have enough controversies to divide the
Committee.
Before a similar amendment was offered last year, this bill
had never touched on the topic of abortion because it is not
relevant to the Department of Homeland Security and falls far
outside the lines of jurisdiction of the Subcommittee. We will
continue to work to remove these unnecessary provisions from
the bill.
Regular Order in Committee Markup
We were disappointed that the majority chose to violate the
spirit of comity that normally characterizes Committee
consideration of appropriations bills by offering both a
substitute amendment and a second degree perfecting amendment
with no advance notice to the minority. According to the
majority's own requirements for markups, ``each Member wishing
to offer an amendment must . . . distribute a copy of such
amendment to each Member prior to the start of Full
Committee.'' Beyond any rule that may apply, advance notice of
amendments is a basic courtesy, demonstrating mutual respect
between the minority and the majority, as well as respect for
the Committee as an institution.
Conclusion
We want to reiterate our appreciation for the efforts by
Chairman Carter and his staff to work with the minority
throughout the drafting of this bill, and for his efforts to
sustain our frontline homeland security operations. In many
respects, the bill represents an improvement over the budget
request, although it is still a far cry from the bill we would
craft were we operating under a more appropriate allocation. As
we continue moving through the appropriations process, we hope
to work with the Chairman to rectify the bill's shortfalls.
ADDITIONAL VIEWS OF THE HONORABLE ROSA L. DeLAURO
I acknowledge Chairmen Rogers and Carter for producing a
bipartisan homeland security appropriations bill. It is a
shame, however, that the two Chairmen did not allow a straight
up or down vote on the amendment I offered that would have
barred contractors and subcontractors doing business with the
Department of Homeland Security from retaliating against
employees (other than those employees whose essential job
function involves wage information) who discuss their wages.
Instead of allowing an up or down vote on my
straightforward, common-sense amendment, the Chairmen changed
my amendment and turned it into a toothless recitation of
existing law. Women will not be fooled by this slight of hand
and need the real solution that would have been achieved by a
vote in favor of my amendment, a vote no member of the
Committee was allowed to take.
Pay secrecy is one of the main reasons that, even now,
fifty years after the Equal Pay Act, women are still only paid
77 cents on the dollar for the same job as men. It is
especially difficult to uncover pay discrimination when
employees are prohibited from discussing their salaries. Right
now, nearly half of all workers in the private sector are
either expressly prohibited or actively discouraged from
discussing their pay with their co-workers. For simply
discussing their pay, these workers fear punishment--they can
be demoted, passed over for raises and promotions, or even
fired.
We know that unequal pay is a persistent problem in the
workplace, and that pay secrecy and retaliation helps to
perpetuate discrimination in the workplace. What happened to
Lilly Ledbetter is but one example. Lilly found out about
decades of pay discrimination only because she got an anonymous
note, long after she began work at Goodyear. Goodyear did and
still does have a pay secrecy policy.
Terri Kelly, from Nashville, Tennessee, also worked for a
company with a pay secrecy policy. She uncovered her unequal
pay because she worked in the same job as her husband, with the
same experience, education, and performance--and he made more!
Six states already ban retaliation for wage disclosure--
California, Illinois, Michigan, Maine, Colorado and Vermont.
This should be our federal policy too, and should apply to all
private employers who do business with the federal government.
The Homeland Security Department does $6 billion a year or
more in contracts with the private sector. The bill that passed
the Committee includes provisions establishing policies
regarding contractor performance--policies that ban DHS from
doing business with private contractors with unpaid tax
liabilities, or felony convictions. My amendment would have
added one more such policy provision--so that private
contractors doing business with DHS cannot discipline or fire
employees who talk about their pay. In fact, we know from the
National Association of Working Women that a uniform company
that does business with DHS had such a pay secrecy policy until
last year. We are certain that other companies doing business
with DHS still have pay secrecy policies.
Unequal pay is not just a problem for women--When women
take home less pay than they deserve, that affects the income
of the entire family, at a time when millions of families are
already struggling to get by. At the moment, fear of pay
secrecy retaliation only exacerbates the many hurdles that
employees face in gathering information that would suggest they
have experienced wage discrimination.
Simply put, my amendment would have given workers at
private companies who do business with DHS the freedom to
discuss their pay with one another, without fear of being
demoted or fired. The Majority on the Committee just did not
believe workers who are discriminated against, primarily women,
are important enough to provide this safeguard.