[Senate Report 113-77]
[From the U.S. Government Publishing Office]
Calendar No. 140
113th Congress Report
SENATE
1st Session 113-77
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2014
_______
July 18, 2013.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany H.R. 2217]
The Committee on Appropriations, to which was referred the
bill (H.R. 2217) making appropriations for the Department of
Homeland Security for the fiscal year ending September 30,
2014, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
Total obligational authority, fiscal year 2014
Total of bill as reported to the Senate\1\ \2\ \3\ \7\.. $46,413,386,000
Amount of 2013 appropriations\4\ \6\ \8\................ 59,742,509,000
Amount of 2014 budget estimate\1\ \2\ \5\ \7\........... 46,114,108,000
Amount of House allowance............................... 46,077,222,000
Bill as recommended to Senate compared to--
2013 appropriations................................. -13,329,123,000
2014 budget estimate................................ +299,278,000
House allowance..................................... +336,164,000
\1\Committee recommendation includes $240,978,000 in rescissions,
compared to $42,000,000 of proposed cancellations.
\2\Includes a permanent indefinite appropriation of $201,000,000 for the
Coast Guard healthcare fund contribution.
\3\Includes $227,000,000 for the Coast Guard for the costs of overseas
contingency operations.
\4\Includes rescissions totaling $306,999,999 pursuant to Public Law
113-6. Includes permanent indefinite appropriation of $203,000,000 for
the Coast Guard healthcare fund contribution. Includes $254,000,000 for
the Coast Guard for the costs of overseas contingency operations.
\5\Excludes up to $227,033,000 for Coast Guard overseas contingency
operations requested in Department of Defense ``Operation and
Maintenance, Navy''.
\6\Includes $11,779,000,000 as disaster relief pursuant to Public Law
112-25, and $6,692,908,000 as emergency funding pursuant to Public Law
113-2, of which $6,108,735,000 is for the FEMA Disaster Relief Fund.
\7\Includes $5,626,386 for the FEMA Disaster Relief Fund designated by
Congress as disaster relief pursuant to Public Law 112-25.
\8\Does not reflect March 1, 2013, sequester of funds under Public Law
112-25.
CONTENTS
----------
Page
Overview and Summary of the Bill................................. 5
Title I:
Departmental Management and Operations:
Office of the Secretary and Executive Management......... 10
Office of the Under Secretary for Management............. 15
Office of the Chief Financial Officer.................... 18
Office of the Chief Information Officer.................. 21
Analysis and Operations.................................. 23
Office of Inspector General.............................. 24
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Salaries and Expenses................................ 28
Automation Modernization............................. 42
Border Security Fencing, Infrastructure, and
Technology......................................... 43
Air and Marine Operations............................ 45
Construction and Facilities Management............... 47
U.S. Immigration and Customs Enforcement:
Salaries and Expenses................................ 49
Automation Modernization............................. 56
Construction......................................... 56
Transportation Security Administration:
Aviation Security.................................... 57
Surface Transportation Security...................... 68
Transportation Threat Assessment and Credentialing... 69
Transportation Security Support...................... 71
Federal Air Marshals................................. 72
United States Coast Guard:
Operating Expenses................................... 74
Environmental Compliance and Restoration............. 82
Reserve Training..................................... 82
Acquisition, Construction, and Improvements.......... 83
Research, Development, Test, and Evaluation.......... 90
Retired Pay.......................................... 91
United States Secret Service:
Salaries and Expenses................................ 91
Acquisition, Construction, Improvements, and Related
Expenses........................................... 95
Title III:
Protection, Preparedness, Response, and Recovery:
National Protection and Programs Directorate:
Management and Administration........................ 96
Infrastructure Protection and Information Security... 97
Federal Protective Service........................... 103
Office of Biometric Identity Management.............. 105
Office of Health Affairs................................. 106
Federal Emergency Management Agency:
Salaries and Expenses................................ 110
State and Local Programs............................. 115
Firefighter Assistance Grants........................ 120
Emergency Management Performance Grants.............. 120
Radiological Emergency Preparedness Program.......... 121
United States Fire Administration.................... 122
Disaster Relief Fund................................. 122
Flood Hazard Mapping and Risk Analysis............... 124
National Flood Insurance Fund........................ 125
National Predisaster Mitigation Fund................. 126
Emergency Food and Shelter........................... 127
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services....... 128
Federal Law Enforcement Training Center:
Salaries and Expenses................................ 131
Acquisitions, Construction, Improvements, and Related
Expenses........................................... 131
Science and Technology:
Management and Administration........................ 132
Research, Development, Acquisition, and Operations... 132
Domestic Nuclear Detection Office:
Management and Administration........................ 137
Research, Development, and Operations................ 138
Systems Acquisition.................................. 139
Title V: General Provisions...................................... 141
Program, Project, and Activity................................... 148
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 149
Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules
of the Senate.................................................. 149
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 150
Budgetary Impact of Bill......................................... 168
Comparative Statement of New Budget Authority.................... 169
OVERVIEW AND SUMMARY OF THE BILL
------------------------------------------------------------------------
Fiscal year 2014
Fiscal year 2014 Committee
request\1\ \2\ \3\ recommendation\1\
\5\ \2\ \4\ \5\
------------------------------------------------------------------------
Title I--Departmental $1,239,310,000 $1,053,879,000
Management and Operations....
Title II--Security, 31,633,338,000 31,975,885,000
Enforcement, and
Investigations...............
Title III--Protection, 11,009,402,000 11,581,840,000
Preparedness, Response, and
Recovery.....................
Title IV--Research and 2,214,058,000 1,885,260,000
Development, Training, and
Services.....................
Title V--General Provisions... 18,000,000 -83,478,000
-----------------------------------------
Total, new budget 46,114,108,000 46,413,386,000
(obligational
authority).............
------------------------------------------------------------------------
\1\Committee recommendation includes $240,978,000 in rescissions,
compared to $42,000,000 of proposed cancellations.
\2\Includes a permanent indefinite appropriation of $201,000,000 for the
Coast Guard healthcare fund contribution.
\3\Excludes up to $227,033,000 for Coast Guard overseas contingency
operations requested in Department of Defense ``Operation and
Maintenance, Navy''.
\4\Includes $227,000,000 for the Coast Guard for the costs of overseas
contingency operations.
\5\Includes $5,626,386,000 for the FEMA Disaster Relief Fund designated
by Congress as disaster relief pursuant to Public Law 112-25.
The Committee recommends a total appropriation of
$46,413,386,000 for the Department of Homeland Security for
fiscal year 2014, $299,278,000 more than the budget request. Of
this amount, $44,953,386,000 is discretionary programs,
including $227,000,000 for Coast Guard overseas contingency
operations and $5,626,386,000 for the FEMA Disaster Relief Fund
designated by Congress as disaster relief pursuant to Public
Law 112-25.
The Committee recommends discretionary appropriations,
excluding Coast Guard overseas contingency operations and the
FEMA Disaster Relief Fund adjustment of $39,100,000,000,
$72,278,000 above the request. Even with this modest increase,
this is the fourth year in a row that discretionary
appropriations for the DHS have decreased.
Overview
Within the past year, our Nation has witnessed a
substantial rise in attempts and attacks on our country from
home-grown terrorists. We face real threats from radicalized
individuals here in the United States, as shown most recently
by the Boston Marathon bombers and the arrest in Boise, Idaho,
of an Uzbekistan national accused of conspiring with a
designated terrorist organization in his home country, scheming
to use a weapon of mass destruction, and distributing
information about explosives and bombs. These events remind us
that deranged or alienated individuals--often U.S. citizens or
legal residents--can do enormous damage, particularly when
inspired by larger notions of violent jihad.
At the same time, individuals and terrorist groups abroad
continue to focus on doing us harm. Even though Osama bin Laden
and most of his top lieutenants are dead, our Nation is still
threatened by al Qaeda affiliates and other international
terrorists. From Yemen to Iraq, from Somalia to North Africa,
from the Pakistani Taliban to Syria, the threat today is more
diffuse, with al Qaeda's affiliate in the Arabian Peninsula--
AQAP--being the most active in plotting against our homeland.
While there have been no successful large-scale attacks on the
United States, plots have been thwarted. For example, in April,
there was a plot to blow up a rail line between United States
and Canada. And the aviation system continues to face repeated
threats from international operatives. In addition,
cybersecurity threats continue to evolve at an alarming rate
with 250,000 probes/attacks on U.S. Government networks an hour
and global costs of over $1,000,000,000 in direct financial
loss, the cost of remediating cyber attacks, and loss of
intellectual property. In an age where ideas and images can
travel the globe in a minute, we must continue to be vigilant
and strengthen our law enforcement defenses to make American
targets harder to strike. This bill does just that. For
example:
--At U.S. Customs and Border Protection [CBP], the bill
recommends hiring more than 1,850 new CBP officers at
our ports of entry to facilitate the processing of
legitimate trade and travelers while preventing entry
of those would do us harm.
--At U.S. Immigration and Customs Enforcement [ICE], special
agents have already seized more than $1,000,000,000 in
currency seizure and made more than 6,000 criminal
arrests. The bill provides nearly $25,000,000 for human
trafficking and smuggling investigations as well as
investigations in commercial trade fraud.
--At the Transportation Security Administration, the bill
includes $189,154,000 for explosives detection
technologies to screen passengers and their belongings
at airports and $105,919,000 for Secure Flight, which
matches passenger data against portions of the
Terrorist Screening Database.
--For cybersecurity, the bill recommends a total of
$803,827,000 for cybersecurity protection of Federal
networks and incident response, $47,997,000 above
fiscal year 2013. This amount includes $15,824,000 for
cybersecurity education to train future cyber warriors.
--A total of $404,000,000 is included for construction of the
National Bio and Agro Defense Facility, which is being
built to prevent the accidental or intentional
introduction of deadly animal diseases into the United
States.
--A total of $98,000,000, $5,000,000 above fiscal year 2013,
for first responder weapons of mass destruction
training.
--A total of $29,868,000 above the fiscal year 2013 level is
provided to strengthen the Department's ability to
safeguard and share classified information with its
Federal, State, and local partners, and to help deter
the unauthorized release of such information. In the
wake of past and recent public disclosures of critical
national security information, such safeguards are
vital to ensuring effective controls are in place to
prevent the illicit removal and dissemination of
classified information.
--A total of $10,504,000 for the Office of Bombing Prevention
to advance training, analysis, and awareness.
--A total of $35,180,000 for Urban Search and Rescue Teams
for location, rescue, and initial medical care of
people in large scale disasters.
--An additional $3,000,000 is included for the ``If You See
Something, Say Something'' campaign to raise public
awareness on indicators of terrorism.
--A total of $1,962,000 for efforts to counter domestic
violent extremism, $135,000 above fiscal year 2013.
Given the terrorist attacks in Boston, the Department
should be strengthening and expanding its activities to
counter violent extremism in the coming months and
year.
While threats continue to be a serious concern, we also
face unpredictable and sometimes dire natural disasters that
have a significant impact on our cities and rural communities.
Within the last year, for example, New York, New Jersey and
Connecticut were devastated by Hurricane Sandy, which was the
second most costly hurricane in history. Similarly, the State
of Oklahoma was recently hit by severe tornados that wiped out
the town of Moore, Oklahoma. In 2011, there were a total of 242
declared disasters including Federal disasters, emergency
declarations and fire management declarations, almost 100 more
than seen in any other year. For 2012, there were 112, with
fire topping the number of Federal declarations. DHS must be
prepared for and nimbly able to support such natural disaster
response. This bill provides the resources for DHS to do so in
fiscal year 2014, including $6,220,908,000 through the Disaster
Relief Fund to recover from previous events and respond to
future disasters.
At the same time, DHS must also ensure that its other
legacy and statutory missions, such as enforcing our
immigration laws, facilitating legitimate travel and trade,
protecting our currency, interdicting drugs and migrants,
responding to oil spills, and rescuing those in need are
sufficiently provided for. The bill does so by ensuring that
these missions have adequate resources in part by refocusing
resources on those areas that the Committee believes were
underfunded in the fiscal year 2014 request or by supplementing
request levels for enhancements to fill technological
limitations. For example:
--The recommendation for the Coast Guard includes several
increases above the request, including $16,000,000 and
242 positions to enhance drug and migrant interdiction
efforts, $278,568,000 to acquire new vessels
desperately needed to replace an aging fleet,
$1,000,000 and six positions to enhance the Coast
Guard's sexual assault response and prevention program,
and $13,000,000 above the request to restore 600
reservists to active status, which will enable the
Coast Guard to retain the majority of the first
responders proposed for reduction.
--The bill recommends a total of $1,502,000,000 for first
responder grants, $37,853,000 above the fiscal year
2013 to provide for the protection of infrastructure
and the readiness of police, firefighters, public
health officials and emergency managers in States,
urban areas, ports, and transit systems.
--At CBP, the bill increases traveler targeting and
processing systems by more than $10,000,000 above the
request, for a total of more than $28,000,000.
--The bill funds detention beds at ICE beds at $41,000,000
above the request and increases funds for alternatives
to detention by nearly $24,000,000 above the request.
--The bill restores damaging proposed cuts to Secret Service
agents who protect the First Family and other
individuals while also conducting investigations into
counterfeiting the currency and securing financial
networks.
--And to assist people lawfully present in this country who
wish to become U.S. citizens, a total of $10,000,000 is
provided for immigrant integration grants.
All of this must be done with fiscal restraint in mind. The
answers to our homeland security challenges do not always
involve spending more money. DHS can also improve its programs
by refocusing its priorities to root out fraud, waste, and
abuse, and alter what does not work well in the Department for
those actions that truly make a difference. In addition, DHS
must make a concerted effort to work with other key Federal,
State, local and international partners to ensure our broader
national strategy to maintain a secure and resilient country is
achieved as DHS-related programs cannot do this in a vacuum.
For fiscal year 2014, the Committee recommends continuing major
reforms as well as puts new ones in place to strengthen and
streamline the Department.
--The bill approves over $1,300,000,000 in requested
administrative cost savings.
--The bill allows for the decommissioning of two Coast Guard
patrol boats that have become too expensive to
maintain, saving nearly $3,000,000.
--The bill includes funding for six critically needed Coast
Guard Fast Response Cutters (instead of two requested).
Procuring six maximizes the production line and
generates cost savings of at least $5,000,000 per hull
for a total savings to the taxpayers of $30,000,000.
--The bill calls for the Department to reduce the number of
expensive offline travel bookings when online bookings
are much cheaper. The report requires the Inspector
General to examine travel costs to identify excessive
expenditures and identify areas of savings.
--A series of energy conservation efforts are included for
fiscal year 2014, which will allow the Federal Law
Enforcement Training Center to save approximately
$2,000,000 and, with the installation of photovoltaic
equipment, avoid paying energy costs totaling
$2,500,000 at its Cheltenham facility.
--The bill rejects the unauthorized National Preparedness
Grant proposal, waiting for the appropriate authorizing
Committees to act.
--The bill includes 16 statutorily mandated expenditure plans
for robust congressional oversight. In addition, there
are another 11 expenditure plans in the report. The
Committee encourages DHS to issue these reports in an
unclassified format so that they can be available to
the public, to the maximum extent practicable.
--The bill continues annual and monthly reporting
requirements for expenditures from the Disaster Relief
Fund and directs FEMA to make these reports available
to the public no later than 10 days after the close of
each month.
--The bill continues a monthly obligation, expenditure, and
staffing reporting requirement. Delivery of these
reports is now required within 30 days after the end of
the month, to better oversee expenditures.
--The bill includes 7 multiyear investment reports so that
the Committee can better track when acquisitions and
procurements are required for large capital programs.
--The bill rejects the Department's request to realign the
Office of Policy, making three of its offices direct
reports to the Secretary. This is inconsistent with
consolidation elsewhere in the Department.
In conclusion, the recommendations contained in this bill
sustain the Department of Homeland Security's vital front line
security operations, while providing resources for the
Department to nimbly react to the latest threat, either man-
made or natural, and assuring sufficient management and
administrative oversight to ensure fiscal responsibility and
wise investments of taxpayer money.
References
This report refers to several Public Laws by short title as
follows: the Budget Control Act of 2011, Public Law 112-25, is
referenced as the BCA; American Recovery and Reinvestment Act
of 2009, Public Law 111-5, is referenced as ARRA; Implementing
Recommendations of the 9/11 Commission Act of 2007, Public Law
110-53, is referenced as the 9/11 Act; Robert T. Stafford
Disaster Relief and Emergency Assistance Act, Public Law 93-
288, is referenced as the Stafford Act; and Intelligence Reform
and Terrorism Prevention Act of 2004, Public Law 108-458, is
referenced as the Intelligence Reform Act.
Any reference in this report to the Secretary shall be
interpreted to mean the Secretary of Homeland Security.
Any reference to the Department or DHS shall be interpreted
to mean the Department of Homeland Security.
Any reference in this report to a departmental component
shall be interpreted to mean directorates, components, offices,
or other organizations in the Department of Homeland Security.
Any reference to FTE shall mean full-time equivalents.
Any reference to PPA shall mean program, project, and
activity.
Any reference to HSPD shall mean Homeland Security
Presidential Directive.
Any reference to GAO shall mean Government Accountability
Office.
Any reference to the OIG shall mean the Office of Inspector
General of the Department of Homeland Security.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriations, 2013\1\................................. $129,827,000
Budget Estimate, 2014................................... 126,554,000
House allowance......................................... 100,408,000
Committee recommendation................................ 123,600,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Office of the Secretary and Executive Management
supports the Department by providing direction, management, and
policy guidance to operating components. The specific
activities funded by this account include: the Immediate Office
of the Secretary; the Immediate Office of the Deputy Secretary;
the Office of the Chief of Staff; the Office of the Executive
Secretary; the Office of Policy; the Office of Public Affairs;
the Office of Legislative Affairs; the Office of the General
Counsel; the Office for Civil Rights and Civil Liberties; the
Citizenship and Immigration Services Ombudsman; the Office of
Intergovernmental Affairs; and the Privacy Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $123,600,000 for the Office of the
Secretary and Executive Management. This is $2,954,000 below
the amount requested and $6,227,000 below the amount provided
in fiscal year 2013. Of this amount, the Committee recommends
not to exceed $45,000 for official reception and representation
expenses.
The Committee includes the requested programmatic increases
for the Office for Civil Rights and Civil Liberties [OCRCL],
including $1,327,000 for OCRCL to ensure that the Department's
immigration efforts comply with all applicable civil rights
statutes and constitutional requirements. The Committee directs
that a briefing on the program be provided no later than 60
days after the date of enactment of this act. The briefing is
to be conducted jointly by OCRCL and U.S. Immigration and
Customs Enforcement [ICE] officials.
In the President's counterterrorism speech on May 23, 2013,
he said the Nation ``faces a real threat from radicalized
individuals here in the United States''. The Committee includes
the requested program increase of $135,000 and a total of
$1,962,000 for OCRCL efforts to counter domestic violent
extremism. Given the terrorist attacks in Boston, the
Department should be strengthening and expanding its activities
to counter violent extremism in the coming months and year. The
Department shall provide a briefing to the Committee no later
than 60 days after the date of enactment of this act, on how
the DHS Counter Violent Extremism [CVE] efforts are being
expanded, including community engagement, CVE training for
communities and law enforcement, and increased analytical
intelligence support to State and Local law enforcement.
The recommendation includes the requested increase of
$3,000,000 to expand the ``If You See Something, Say
Something'' public awareness campaign. This campaign has proven
to be effective in engaging the public in identifying and
reporting on indicators of terrorism and terrorism-related
crime. The increase will enable the Department to expand the
campaign to focus on prevention, mitigation, and response to
violent incidents like mass shooting and mass casualty events.
The Committee again denies the budget proposal to create
separate budget line items for the Office of International
Affairs, the Office of State and Local Law Enforcement, and the
Private Sector Office, which are all currently funded within
the Office of Policy. The Department has not supplied the
Committee with a compelling rationale for why these offices
need to be stand alone entities within the Office of the
Secretary and Executive Management, given that these functions
have been performed adequately within the Office of Policy.
The specific levels recommended by the Committee as
compared to the fiscal year 2013 and budget request levels are
as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2013 enacted\1\ 2014 budget Committee
request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary............................ 4,280 4,128 4,100
Immediate Office of the Deputy Secretary..................... 2,091 1,822 1,800
Office of the Chief of Staff................................. 2,172 2,200 2,100
Executive Secretary.......................................... 7,582 7,603 7,500
Office of Policy............................................. 43,692 27,815 \2\37,000
Office of Public Affairs..................................... 5,468 8,661 8,600
Office of Legislative Affairs................................ 5,792 5,498 5,400
Office of Intergovernmental Affairs.......................... 2,377 2,518 2,300
Office of General Counsel.................................... 21,130 21,000 20,000
Office for Civil Rights and Civil Liberties.................. 21,611 21,678 21,500
Citizenship and Immigration Services Ombudsman............... 5,643 5,344 5,300
Privacy Officer.............................................. 7,989 8,143 8,000
Office of International Affairs.............................. (\3\) 7,626 (\3\)
Office of State and Local Law Enforcement.................... (\3\) 852 (\3\)
Private Sector Office........................................ (\3\) 1,666 (\3\)
--------------------------------------------------
Total, Office of the Secretary and Executive Management 129,827 126,554 123,600
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\Includes funds for the Office of International Affairs, Office of State and Local Law Enforcement, and the
Private Sector Office.
\3\Funded under the Office of Policy.
EXPENDITURE PLANS
The bill includes language directing the Secretary to
submit expenditure plans to the Committee no later than 90 days
after the date of enactment of this act for the Offices of
Policy, Intergovernmental Affairs, Civil Rights and Civil
Liberties, Citizenship and Immigration Services Ombudsman, and
Privacy. Each plan shall include details on: staffing by
programmatic function area, expenses, contracts, obligations,
funds by sub-offices (if appropriate), and how resources are
aligned to specific activities and initiatives in fiscal year
2014.
EVOLVING THREATS
The demands on the Department of Homeland Security continue
to grow as the threats from terrorism persistently evolve.
Whether it is homegrown terrorism; cyber intrusions;
biological, chemical, or nuclear attacks; food tampering;
surgically implanted explosives; animal diseases; or varying
locations and means for crossing our borders (such as tunnels),
the Department must be able to respond and adapt swiftly to
interdict these threats at the earliest point possible.
Further, naturally occurring events put our Nation at risk.
Severe storms and wildfires are growing more frequent and
larger and earthquakes threaten major population areas, posing
a risk to critical infrastructure. DHS is to continue quarterly
briefings to the Committee on how it is addressing these
evolving threats.
TRAVEL BOOKINGS
The Committee is concerned with the excessive costs being
incurred by Departmental entities with regard to travel
reservations. While the Department's policy requires the use of
online booking systems in all cases, with few exceptions, cost
data received by the Committee indicates that travel
reservations are heavily skewed towards offline reservations.
In fiscal year 2012, the Department spent $5,306,524 on travel
reservations, of which $4,446,329 were from reservations made
offline. Making reservations through online booking can save
millions of dollars as compared to offline booking,
specifically 73 percent less for a domestic airline ticket and
75 percent for an international airline ticket. The Department
must continue to emphasize frugality by cutting costs and
streamlining processes wherever possible. Therefore, the
Department is expected to significantly reduce the number of
offline reservations in fiscal year 2014. Further, the
Committee directs the Inspector General to examine these travel
costs to identify excessive expenditures and identify areas of
savings.
EFFICIENCY REVIEW PROGRAM
In March of 2009, the Department began an efficiency review
process aimed at cutting overhead and administrative costs,
streamlining operations, and creating a culture of efficiency
throughout the Department. According to the Department's fiscal
year 2014 budget, more than $4,000,000,000 in cost avoidances
and reductions has occurred, with the redeployment of those
funds to the Department's most mission-critical programs. In
November of 2012, the Department had an independent third party
conduct an assessment of the status and effectiveness of the
efficiency review program. The review concluded that the
program has been initially successful in creating cost
avoidances, but found that the program ``is limited by the
scope of its mission, its organizational model, resource
allocation from Headquarters/Components, and its linkages to
various management structures with the Department.'' The review
made recommendations for common sense improvements to conduct
operations more efficiently as a Department, such as linking
the efficiency program to existing departmental governance
structures, emphasizing consistency in efficiency review
investments across all components, expanding metrics reporting,
and expanding the efficiency review to areas beyond the mission
support enterprise. DHS is to brief the Committee on the
implementation of these recommendations no later than 60 days
after the date of enactment of this act.
COORDINATION OF FEDERAL CHEMICAL SECURITY EFFORTS
Since fiscal year 2010, the Committee has required the
Department to report on the coordination of chemical security
efforts, both within the Department and across departments and
agencies. Specifically, this report comes from the Deputy
Secretary semiannually and the Committee continues the
requirement. While NPPD and Coast Guard have made substantial
progress formalizing and beginning to align their respective
programs, these same efforts need to be completed with TSA.
Additionally, beyond DHS, the tragic chemical facility incident
in West, Texas revealed gaps among Federal and State agencies.
The Committee notes that while the President assigned DHS the
overarching coordination responsibility related to chemical
security through Homeland Security Presidential Directive-7,
DHS should work in conjunction with the Office of Management
and Budget to review and synchronize Federal entities involved
in chemical security activities. Under the heading National
Protection and Programs Directorate, the Committee includes a
requirement for the Chemical Sector Coordination Council to
develop recommendations to improve coordination among Federal
agencies, streamline reporting requirements, and improve the
Chemical Facility Anti-Terrorism Standards Program in an effort
to garner stakeholder input.
USER FEES
The Committee directs the Secretary to continue quarterly
updates on user fees as originally directed in the conference
report accompanying Public Law 111-83.
DEPARTMENTAL INTEGRITY EFFORTS
The Committee is pleased with the work that has been done
to solidify the investigative relationship between the OIG and
CBP regarding corruption investigations. The Committee directs
the Deputy Secretary, jointly with the OIG, CBP, and ICE, to
submit a status update report, not later than 60 days after the
date of enactment of this act, outlining the specific steps
being taken to further address the process for investigating
cases of corruption of DHS employees, and outline the plan to
address, as a unified DHS, the engagement of DHS with the
Department of Justice's Border Corruption Task Forces. The
Senate-passed immigration reform legislation envisions the
hiring of approximately 25,000 additional Border Patrol agents,
Customs and Border Protection officers, and immigration
enforcement and processing personnel. Such a massive level of
hiring would place significant burdens on human resource
personnel and the affected agencies. The Committee directs the
Department to develop a hiring strategy detailing the steps
which need to be taken to rigorously perform background
investigations on potential new hires, the number of
polygraphers to be hired, and other necessary steps to be
prepared to begin the hiring process the day after any
legislation is signed into law. The DHS Inspector General shall
also review the integrity aspect of this hiring strategy and
provide input and suggestions as appropriate.
RECEPTION AND REPRESENTATION EXPENSES
Within the total amount recommended for the Office of the
Secretary and Executive Management, up to $45,000 is included
for reception and representation expenses. The Department is
directed to submit quarterly reports to the Committee listing
obligations for all DHS reception and representation expenses
by purpose and dollar amount, at a level of detail provided in
fiscal year 2013 and 2014, or in greater detail if that is
required to explain how funds were used. In recognition of a
more constrained budget environment and to limit opportunities
for waste and abuse, the Committee maintains the 12 percent
reduction implemented over the past two fiscal years for
reception and representation expenses.
OVERHEAD COSTS
The President issued Executive Order 13589 on November 9,
2011, directing Federal agencies to plan for reducing the
combined costs of certain activities by not less than 20
percent below fiscal year 2010 levels in fiscal year 2013. The
Department should continue to seek to reduce operating expenses
by placing greater scrutiny on overhead costs and looking at
creative ways to achieve efficiencies. For example, field
personnel could take advantage of mobile technology and
automation to reduce labor-intensive and paper-based incident
reporting. This would also have benefits to operations, such as
facilitating a near real-time picture of operations for field
and headquarters leadership. The Committee directs the
Department to provide a briefing on the cost reductions
achieved by the Department in fiscal year 2013 and its plan to
reduce overhead costs within 60 days after the date of
enactment of this act to include the areas identified in
Executive Order 13589 as well as consolidating and reducing
administrative and mission support personnel, as appropriate;
consolidating and reducing contractor support, as appropriate;
taking advantage of mobile technology and automation to reduce
certain support personnel needs; and better managing and
reducing overtime costs.
FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS
The Department is directed to report semi-annually to the
Committee on the current projects tasked to Federally Funded
Research and Development Centers [FFRDCs], the funding
obligated by component, including the purposes for the funds,
and any projects completed in the prior 6-month period, with
the first report due February 14, 2014. The Committee has yet
to receive a report in fiscal year 2013 and reports for prior
years were submitted well after the required due dates and
failed to fully describe individual projects and the purpose
they served. The Committee expects more robust project
descriptions of individual projects and a more timely
submission.
EMERGENCY RESPONSE AND RESCUE LOCATION INFORMATION
The United States National Grid [USNG] was developed in
cooperation with the United States Geological Survey and
National Geospatial Intelligence Agency, and it has since been
adopted by a number of States. The Committee encourages the
Department to continue to support awareness, adoption,
implementation, and tactical use of the USNG for emergency
response and rescue scenarios in cooperation with appropriate
outside partners, including those in academia. Further, the
Committee directs the Department to submit a report no later
than 180 days after the date of enactment of this act on what
training is currently available, what challenges there are in
disseminating the USNG, and what partners have collaborated in
training.
PUBLIC ACCESS TO FEDERALLY FUNDED RESEARCH
In February of 2013, the Office of Science and Technology
Policy, Executive Office of the President issued guidelines on
increasing public access to the results of federally funded
scientific research. Given the importance of the research
funded by the Office of Health Affairs, the Science and
Technology Directorate, and the Domestic Nuclear Detection
Office, the Committee encourages the Department to
expeditiously comply.
Office of the Under Secretary for Management
Appropriations, 2013\1\................................. $218,223,000
Budget estimate, 2014................................... 202,686,000
House allowance......................................... 132,830,000
Committee recommendation................................ 198,200,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Under Secretary for Management oversees management and
operations of the Department, including procurement and
acquisition, human capital, and property management. The
specific activities funded by this account include the
Immediate Office of the Under Secretary for Management, the
Office of the Chief Security Officer, the Office of the Chief
Procurement Officer, the Office of the Chief Human Capital
Officer, and the Office of the Chief Administrative Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $198,200,000 for the Under
Secretary for Management. This is $4,486,000 below the amount
requested and $20,023,000 below the amount provided in fiscal
year 2013. Of this amount, the Committee recommends not to
exceed $2,250 for official reception and representation
expenses. The Committee's recommendation includes funding for
oversight of major acquisitions, recruitment and development of
a skilled workforce, and security measures to safeguard DHS
personnel, property, facilities, and information. The Committee
supports the one-DHS concept, which can only be executed when
such missions are appropriately funded. Effective government is
not accomplished through excessive funding cuts for these
essential capabilities. Unless specifically addressed in this
report, the small reductions taken to individual offices below
the request are due to a constrained budget environment and to
focus limited resources on the Department's critical
operational missions.
The specific levels recommended by the Committee, as
compared to the fiscal year 2013 and budget request levels, are
as follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management.... 3,096 2,735 2,700
Office of the Chief Security Officer...................... 68,909 66,025 65,000
Office of the Chief Procurement Officer................... 71,905 66,915 66,000
Office of the Chief Human Capital Officer:
Salaries and Expenses................................. 24,938 22,276 22,000
Human Resources Information Technology Program........ 9,667 9,213 8,000
Office of the Chief Administrative Officer:
Salaries and expenses................................. 34,267 30,793 30,000
Nebraska Avenue Complex............................... 5,441 4,729 4,500
-----------------------------------------------------
Total, Office of the Under Secretary for Management. 218,223 202,686 198,200
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
COMPREHENSIVE AND QUARTERLY ACQUISITION STATUS REPORTS
In order to obtain the information necessary for in-depth
congressional oversight, statutory language is included in this
act that requires a Comprehensive Acquisition Status Report to
be included as part of the submission of the President's fiscal
year 2015 budget, with quarterly updates to be submitted 45
days after the completion of each quarter. The requirements for
the reports are addressed below.
The Comprehensive Acquisition Status Report shall include
programs identified for Major Acquisition Oversight as defined
in the Department memorandum titled ``Department of Homeland
Security Major Acquisition Oversight List'' dated January 25,
2011, and programs that have been classified for major
acquisition oversight subsequent to the referenced memorandum.
The Comprehensive Acquisition Status Report shall include for
each major acquisition:
--A narrative description to include current gaps and
shortfalls, the capabilities to be fielded, and the
number of planned increments and/or units;
--Acquisition Review Board (or other board designated to
review the acquisition) status of each acquisition,
including the current acquisition phase, the date of
the last review and a listing of the required documents
that have been reviewed with the dates reviewed and/or
approved;
--The most current approved Acquisition Program Baseline (to
include project schedules and events);
--A comparison of the original Acquisition Program Baseline,
the current Acquisition Program Baseline, and the
current estimate;
--Whether or not an Independent Verification and Validation
has been implemented, with an explanation for the
decision and a summary of any findings;
--A rating of cost risk, schedule risk, and technical risk
associated with the program (including narrative
descriptions and mitigation actions);
--Contract status (to include earned value management data as
applicable);
--A life-cycle cost of the acquisition and time basis for the
estimate;
--A planned procurement schedule, including the best estimate
of the annual cost and increments/units to be procured
annually until procurement is complete;
--A table delineated by appropriation that provides (for
prior years; past year; current year; budget year;
budget year plus one; budget year plus two; budget year
plus three; budget year plus four and beyond; and total
cost) the actual or estimated appropriations,
obligations, unobligated authority, and planned
expenditures;
--The reason for any significant changes (from the previous
comprehensive report) in acquisition quantity, cost, or
schedule;
--Key Events/Milestones from the prior fiscal year; and
--Key Events/Milestones for the current fiscal year.
Quarterly reports shall include:
--An updated status report on any major acquisition for which
there has been an approved or a new acquisition program
baseline, a new acquisition decision memorandum, or
where there has been significant deviation from the
prior report with respect to acquisition cost,
quantity, or schedule (a significant change is any
deviation in cost or quantity that exceeds 8 percent or
any change in schedule that exceeds 6 months).
--A table depicting the title of the program, quantity and
cost based on the original Acquisition Program
Baseline, quantity and cost based on the most current
acquisition program baseline, the quantity and cost of
the most current estimate, and the explanation for any
change in quantity and cost from prior reports.
--If applicable, a copy of the acquisition decision
memorandum, together with a copy of the Letter of
Assessment signed by the Director of Testing and
Evaluation.
LESSONS LEARNED REVIEWS
A recent GAO report (GAO-13-256) found that ``conducting
lessons learned reviews when programs are canceled benefits
organizations by identifying things that worked well and did
not work well in order to improve future acquisitions
programs.'' According to GAO's review, there is no firm
requirement within the Department's acquisition guidance to
conduct reviews if an acquisition program is cancelled. GAO
recommended that DHS should require the publication of a
lessons learned reports to increase the likelihood that future
acquisitions will succeed. Therefore, consistent with GAO's
recommendation, the Department is to revise its acquisition
instruction manual to require a process and mechanism for
collecting and distributing lessons learned.
BALANCED WORKFORCE STRATEGY
The Committee supports the Department's efforts to
determine the proper balance of Federal and contractor
employees for programs and functions of the Department. The
Committee recognizes that this is an evolving and continuous
process, but progress and milestones are necessary to judge the
success of these efforts. Based on the Department's latest
report on the Balanced Workforce Strategy, recent attempts to
collect updated information on the effects of insourcing have
been insufficient. As a result, the Department is planning to
release more robust reporting guidance in August 2013 to
components to provide a more comprehensive summary of the
Balanced Workforce Strategy. The Department is directed to
submit the results of this effort to the Committee by April 1,
2014.
HEADQUARTERS CONSOLIDATION
A general provision is included providing $43,300,000 for
the ``Office of the Under Secretary for Management'' for costs
associated with headquarters consolidation and mission support
consolidation. In addition, $12,800,000 is recommended in Coast
Guard ``Operating Expenses'' to support the Coast Guard at St.
Elizabeths. The Under Secretary shall submit an expenditure
plan no later than 90 days after the date of enactment of this
act detailing how these funds will be allocated, including a
revised schedule and cost estimates for headquarters
consolidation. Quarterly briefings are required on headquarters
and mission support consolidation activities, including any
deviation from the expenditure plan.
Office of the Chief Financial Officer
Appropriations, 2013\1\................................. $51,432,000
Budget estimate, 2014................................... 48,779,000
House allowance......................................... 31,242,000
Committee recommendation................................ 48,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Office of the Chief Financial Officer is responsible
for the fiscal management and financial accountability of the
Department of Homeland Security. The Office of the Chief
Financial Officer provides guidance and oversight of the
Department's budget execution while ensuring that funds are
allocated and expended in accordance with relevant laws and
policies. This account funds the Budget Division, Office of
Financial Operations, Office of Program Analysis and
Evaluation, Office of Financial Management, Resource Management
Transition Office, and the Office of the Government
Accountability Office/Office of Inspector General Audit
Liaison.
COMMITTEE RECOMMENDATION
The Committee recommends $48,000,000 for the Office of the
Chief Financial Office [OCFO]. This is $779,000 below the
amount requested and $3,432,000 below the amount provided in
fiscal year 2013.
COST OF LIVING ADJUSTMENT
The Committee assumes the cost of living adjustment for
civilian employees across the Department will be absorbed
within amounts appropriated in this act.
FINANCIAL SYSTEMS MODERNIZATION
The Committee recognizes the Department's need to improve
the reliability and transparency of its financial data, and
directs DHS to maintain frequent communications with the
Committee on financial management improvement plans necessary
to support the Department's missions, including total resource
requirements by fiscal year and a timeline for implementation
with discrete milestones. The Committee includes $4,000,000 for
the OCFO to provide governance and oversight of the Component's
migration to a financial systems solution. The bill includes
$29,500,000 in the Coast Guard's ``Operating Expenses''
appropriation for the migration of its financial management
system in fiscal year 2014 that will also support TSA and the
Domestic Nuclear Detection Office.
BUDGET EXECUTION AND STAFFING REPORT
The Committee continues and modifies a general provision
requiring the Department to continue to submit to the House and
Senate Committees on Appropriations a monthly budget execution
report showing the status of obligations and costs for all
components of the Department and on-board staffing levels
(Federal employees and contractors). The report shall include
the total obligational authority appropriated (new budget
authority plus unobligated carryover), undistributed
obligational authority, amount allotted, current year
obligations, unobligated authority (the difference between
total obligational authority and current year obligations),
beginning unexpended obligations, year-to-date costs, and
ending unexpended obligations. This budget execution
information is to be provided at the level of detail shown in
the tables displayed at the end of this report for each
departmental component and the Working Capital Fund. The
Committee commends the OCFO for its progress in automating the
data extraction for this report. In the past, this process has
been manual, creating a long lag time for reporting the budget
data to the Committee. With an automated process, the
Department will be able to submit these reports to the
Committee in a more timely manner. Therefore, the requirement
in the bill has been modified requiring this report to be
submitted no later than 30 days after the close of each month
instead of the previous requirement of 45 days.
EXPENDITURE PLANS
The Committee continues requiring expenditure plans for
specific DHS programs. These plans are intended to provide
Congress with information to effectively oversee a particular
program and hold the Department accountable for program
results. Expenditure plans required by the Committee shall
include, at a minimum: a description of how the plan satisfies
any relevant legislative conditions for the expenditure plan;
planned capabilities and benefits; cost and schedule
commitments; measures of progress against commitments made in
previous plans; how the program is being managed to provide
reasonable assurance that the promised program capabilities,
benefits, and cost and schedule commitments will be achieved;
historical funding for the program, if applicable; and an
obligation and outlay schedule.
CONFERENCES
The Committee includes a general provision directing the
Secretary to submit an annual report to the Inspector General
regarding the purpose, participation, cost, and contracting
procedures for each conference held in fiscal year 2014 that
exceeds $100,000. A recent audit by the OIG (OIG-13-96) found
that while the Department has made improvements to better
oversee conference spending, it needs to institute stronger
oversight from the Chief Financial Officer to ensure that
components are submitting all conferences for review and
approval, there is better tracking of conference attendance,
that components update guidance on conference policy
requirements, and that an Annual Quality Control Review is
conducted for fiscal year 2013 and future fiscal years. The
Committee directs DHS to comply with the OIG recommendations
not later than January 31, 2014.
ANNUAL BUDGET JUSTIFICATIONS
The Chief Financial Officer is directed to ensure that
fiscal year 2015 budget justifications for classified and
unclassified budgets of all Department components are submitted
on February 3, 2014, concurrent with the President's budget
submission to Congress. The justifications shall include:
--Detailed data and explanatory descriptions for each
appropriations request, and for each PPA reflected in
the table accompanying this statement, including
offices that have been identified as PPAs. Information
regarding actual and planned accomplishments should be
in quantifiable terms and demonstrate a direct
relationship to funding;
--Tables that reflect actual and estimated funding by PPA for
fiscal years 2014 and 2015; identify each increase,
decrease, transfer, and staffing change proposed in
fiscal year 2015; and explain such year-to-year changes
in terms that are clear and unambiguous, and exclude
nonspecific terms such as ``technical adjustment'' or
``administrative savings'' unless accompanied by a
detailed explanation. To establish a common baseline
reference, the fiscal year 2014 discretionary data
shall tie to the fiscal year 2014 discretionary total
in the table accompanying this statement or have a
table identifying each change. Explanations of
adjustments to base funding, whether increases or
decreases, should be specific, and programmatic changes
and initiatives should be clearly identified and
justified;
--For each PPA that is comprised of acquisition and
procurement activity, the justification should address
all proposed spending using a zero-based budget
description;
--Information by appropriations account and PPA on all
reimbursable agreements and significant uses of the
Economy Act for each fiscal year;
--An accurate detailed table identifying the last year that
authorizing legislation was enacted into law for each
PPA, including the amount of the authorization and the
appropriation in the last year of authorization;
--The text and citation of all Department appropriations
provisions enacted to date that are permanent law;
--Explanations and justifications for all proposed
legislative language changes, whether they are new or
amend existing law, whether they are substantive or
technical in nature, with an annotated comparison of
proposed versus existing language; and
--A report on the status of overdue Committee reports, plans,
and briefings for each of fiscal years 2013 and 2014.
FUTURE YEARS HOMELAND SECURITY PROGRAM
Consistent with section 874 of Public Law 107-296, the
Department shall submit a Future Years Homeland Security
Program budget as part of the fiscal year 2015 budget
justification. The report is to display funding by
appropriation account and subordinate program, project, or
activity. Further the report is to provide a 5-year capital
investment plan for all major acquisitions. The report shall be
in unclassified form so as to be accessible to the general
public. Having a forward-looking budget forecast provides a
reasonable understanding of future program and acquisition
needs and the proportionate resources needed to execute the
Department's mission of protection and defense of the homeland,
as well as emergency planning and response.
Office of the Chief Information Officer
Appropriations, 2013\1\................................. $243,410,000
Budget estimate, 2014................................... 327,254,000
House allowance......................................... 210,735,000
Committee recommendation................................ 263,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Office of the Chief Information Officer is responsible
for oversight of information technology [IT] development,
oversight of IT acquisition, alignment of IT systems and
infrastructure to the enterprise architecture to support the
missions and activities of the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommends $263,000,000, of which
$115,000,000 is for salaries and expenses, and $148,000,000 is
to be available through fiscal year 2016 for Department-wide
technology investments overseen by the Office of the Chief
Information Officer [OCIO]. The recommendation is $64,254,000
below the amount requested and $19,590,000 above the amount
provided in fiscal year 2013. In addition, the Committee
includes $54,200,000 to complete data center migration in a
general provision, consistent with prior Appropriations Acts.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2013 2014 budget Committee
enacted\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses.......................................... 117,844 117,347 115,000
Information technology services................................ 27,564 32,712 31,000
Infrastructure and security activities......................... 55,926 100,063 \2\45,000
Homeland security data network................................. 42,076 77,132 72,000
------------------------------------------------
Total, Office of the Chief Information Officer........... 243,410 327,254 \2\263,000
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\$54,200,000 is included in a general provision for data center migration.
MULTIYEAR INVESTMENT PLAN
The Committee includes bill language requiring a multiyear
investment plan be submitted to the Committees on
Appropriations with the fiscal year 2015 budget submission to
Congress. As the OCIO develops the fiscal year 2014 plan, it
shall take proper stock of all IT investments and identify and
adopt best practices, such as those identified by GAO in an
October 2011 report, GAO-12-7, to encourage proper management
of these investments.
INFRASTRUCTURE AND SECURITY ACTIVITIES
The Committee recommendation includes $45,000,000, for
development and acquisition of IT equipment, software,
services, and related activities. The Committee believes the
OCIO leads and manages efforts vital to the continued
modernization of the Department's IT infrastructure.
Additionally, $54,200,000 is provided for data center
consolidation in a general provision.
The Committee is pleased with the Department's leadership
in data center consolidation. The Committee agrees with the
Department's position that these efforts will lead to
operational efficiencies, reduced geographic footprint, data
sharing synergies, reduced energy consumption, and clarity of
mission throughout the Department. The Department reports that
investment in data center consolidation of the first 10 data
centers is already resulting in annual savings of $17,000,000
and could result in savings of $3,000,000,000 by 2030.
TRUSTED INTERNET CONNECTIONS/HUMAN RESOURCES INFORMATION TECHNOLOGY
The Department is directed to provide semiannual briefings
to the Committee on its progress in developing trusted Internet
connections and development of Human Resources Information
Technology.
SHARING AND SAFEGUARDING CLASSIFIED INFORMATION
The recommendation includes a $29,868,000 increase to
implement information sharing and safeguarding measures to
protect classified national security information. This is
necessary in order to be compliant with measures resulting from
Executive Order 13587--Structural Reforms to Improve the
Security of Classified Networks and the Responsible Sharing and
Safeguarding of Classified Information. The OCIO is to brief
the Committee by April 15, 2014, on the implementation
strategy, development schedule, and milestones for improving
the protection of national security information held by the
Department. The Committee also expects any structural reforms
to be consistent with appropriate protections for privacy and
civil liberties.
Analysis and Operations
Appropriations, 2013\1\................................. $321,855,000
Budget Estimate, 2014................................... 309,228,000
House allowance......................................... 291,623,000
Committee recommendation................................ 303,708,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The account supports activities to improve the analysis and
sharing of threat information, including activities of the
Office of Intelligence and Analysis [I&A] and the Office of
Operations Coordination.
COMMITTEE RECOMMENDATION
The Committee recommends $303,708,000 for Analysis and
Operations. This is $5,520,000 below the amount requested and
$18,147,000 below the amount provided in fiscal year 2013. The
details of these recommendations are included in a classified
annex accompanying this report.
DHS INTELLIGENCE EXPENDITURE PLAN
The Committee requires the Department's Chief Intelligence
Officer to submit an expenditure plan for fiscal year 2014 no
later than 60 days after the date of enactment of this act. The
plan shall include the following:
--fiscal year 2014 expenditures and staffing allotted for
each program as compared to fiscal years 2012 and 2013;
--all funded versus on-board positions, including Federal
FTE, contractors, and reimbursable and nonreimbursable
detailees;
--a plan, including dates or timeframes for achieving key
milestones;
--allocation of funding within each PPA for individual
programs;
--funding, by object classification, including a comparison
to fiscal years 2013 and 2012; and
--the number of I&A-funded employees supporting organizations
outside I&A including those within and outside DHS.
The expenditure plan shall focus the activities of the
Office on areas where the Department can provide unique
expertise or serve intelligence customers who are not supported
by other components of the Intelligence Community, consistent
with current statute and Executive orders, and in a way that
does not impair intelligence support to the senior leadership
of the Department of Homeland Security.
STATE AND LOCAL FUSION CENTERS
The Committee directs I&A to continue semi-annual briefings
on the State and Local Fusion Centers program.
Office of Inspector General
Appropriations, 2013\1\\2\.............................. $121,004,000
Budget Estimate, 2014\2\................................ 119,309,000
House allowance\2\...................................... 113,903,000
Committee recommendation\2\............................. 117,371,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Excludes $24,000,000 made available by transfer from the FEMA
Disaster Relief Fund.
This account finances the Office of Inspector General's
activities, including audits, inspections, investigations, and
other reviews of programs and operations of the Department of
Homeland Security to promote economy, efficiency, and
effectiveness and to prevent and detect fraud, waste, and
abuse.
COMMITTEE RECOMMENDATIONS
The Committee recommends $117,371,000 for the Office of
Inspector General [OIG], $1,938,000 below the comparable amount
requested and $3,633,000 below the amount provided in fiscal
year 2013. In addition, the Committee includes bill language
transferring $24,000,000 needed by the OIG for audits and
investigations related to natural disasters from the Disaster
Relief Fund [DRF]. The total funding level provided maintains
OIG at a current services level including the resources
requested to complete all 56 mandated 9/11 Act audits of DHS'
State Homeland Security Program and Urban Area Security
Initiative grants by the August 20, 2014, deadline. The
Committee directs the Inspector General to submit a plan for
expenditure for all funds no later than 30 days after the date
of enactment of this act. 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).
DISASTER RECOVERY EXPENDITURES
The Committee supports the critical role OIG has in
eliminating waste, fraud, and abuse in disaster assistance
programs. Further, the Committee notes that it is imperative
for FEMA to make decisions on recovery assistance in a timely
fashion, often with limited information in a chaotic post-
disaster environment. However, the Committee is concerned that
the OIG execution of their role and a lack of clarity and
consistency in FEMA policy and program execution are adversely
affecting some Public Assistance applicants. In June 2012, OIG
recommended that a grantee repay a Federal grant already
awarded and obligated when it determined that FEMA incorrectly
applied its regulations and policies for a disaster that
occurred in June 2008. FEMA argued that deobligation of the
project was not warranted since the evidence of substantial
damage as a result of the disaster supported Federal assistance
for the community's recovery. The unresolved matter was sent to
the DHS Under Secretary for Management for final adjudication.
The determination was the grantee did not have to repay the
Federal grant since disaster damage warranted assistance. The
Committee is concerned that the OIG Office of Emergency
Management Oversight focus on ``after the fact'' reviews is not
efficiently placed to prevent obligation of misused Federal
funds and therefore causes unnecessary disruption for
recovering communities by recommending deobligation several
years afterwards.
The Committee is mindful that the OIG review of disaster
obligations is often several years after a disaster and the
impact of the findings can have a severe effect on a community
that has already obligated funding to specific projects with
FEMA's approval in an effort to recover. While it is imperative
for FEMA policies and rules be transparent; reasonably flexible
to accommodate various recovery scenarios; and consistently
applied, where appropriate; the sheer volume of OIG
recommendations may challenge FEMA's capacity to execute
meaningful and responsive policy changes. FEMA has concurred
with a separate OIG finding that the Agency needs a significant
review and revision of certain policies and methods of
implementing rules and is currently undergoing a process to do
so. The Committee expects this process to continue without
delay. Further, the Committee expects FEMA and the OIG to
partner fully in this process.
The Administrator and the Inspector General are directed to
provide a report to the Committee, no later than 120 days after
the date of enactment of this act, outlining improvements that
will be made by both OIG and FEMA to better implement disaster
recovery programs and guard against waste, fraud, and abuse.
INTEGRITY OVERSIGHT
The Committee remains concerned about the potential for
increased corruption due to the rapid hiring in CBP and ICE
since fiscal year 2005. Incidents continue to highlight the
need for integrity oversight. To avoid corruption and
misconduct, it is imperative that all officers and agents,
especially new hires, receive comprehensive training in ethics
and public integrity. This will be of particular importance
should any final comprehensive immigration reform legislation
authorize significant increases in hiring border and
immigration personnel. The OIG provides ethics training to all
agencies and is in charge of investigating all allegations of
criminal misconduct throughout the Department. It is essential
that the OIG, CBP, and ICE work jointly and cooperatively to
combat corruption. The Committee has made a deliberate effort
in the past several appropriations acts to provide additional
funding specifically for integrity investigations. 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. As discussed under the Office of the Secretary and
Executive Management, the OIG shall work with the Department on
the integrity aspect of the hiring strategy for implementing
immigration reform legislation.
CONFERENCES AND SPECIAL EVENTS
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.
OIG REVIEWS
The Committee recognizes the importance of a competent and
active Office of Inspector General to support strong
congressional oversight and assist departmental leadership.
Given this imperative, the Committee is concerned about recent
charges of improper conduct by individuals within the Office of
Inspector General. In addition, the most recent ``External
Quality Control Review'' of the DHS OIG Audit Organization,
issued on June 28, 2012, notes issues with DHS OIG policies,
procedures, and practices--issues regarding the objectivity,
credibility, and reliability of auditors' evaluation of
testimonial evidence; the interference of auditors in
investigations; and auditors' failure to obtain management
review and sign-off prior to issuing final reports.
In the report accompanying the Department of Homeland
Security Appropriations Act, 2013, GAO was directed to review
the OIG's functions and operations. The Committee looks forward
to GAO's review and expects the Inspector General, the
Secretary, and the Deputy Director of the Office of Management
and Budget, as the executive chair of the Council of Inspectors
General, to address, as appropriate, these issues expeditiously
and refocus the DHS OIG on its important work.
287(g)
The Department of Homeland Security OIG has conducted an
annual review of the 287(g) program since fiscal year 2009.
Since then, the number of OIG recommendations has been reduced
from 33 in 2009 to two in 2012. Additionally, the nature of the
287(g) program has changed with the elimination of the Task
Force model. Therefore, the OIG is directed to complete its
final report on the 287(g) program and submit it to Congress.
The Committee encourages the OIG to continue to review the
implementation of the program as necessary through its annual
oversight review process and keep the Committee informed of any
significant changes.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SUMMARY
U.S. Customs and Border Protection is responsible for
enforcing laws regarding admission of foreign-born persons into
the United States, and ensuring that all goods and persons
entering and exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of
$12,423,734,000, including direct appropriations of
$10,360,011,000 and estimated fee collections of
$2,063,723,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014
Fiscal year 2013 budget Committee
enacted\1\\2\ request\3\ recommendations\3\
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses.............................. 8,284,074 9,127,088 7,976,142
Small airport user fee\4\.......................... ................ 5,000 5,000
Automation modernization........................... 718,917 340,105 800,318
Border Security Fencing, Infrastructure, and 323,671 351,454 351,454
Technology [BSFIT]................................
Air and Marine operations.......................... 797,952 427,701 755,819
Construction and facilities management............. 233,254 471,499 471,278
--------------------------------------------------------
Total, Appropriations............................ 10,357,868 10,722,847 10,360,011
========================================================
Estimated fee collections:
Immigration inspection user fee.................... 568,790 764,267 764,267
Immigration enforcement fines...................... 1,093 773 773
ESTA............................................... 46,318 55,168 55,168
Land border inspection fee......................... 35,935 42,941 42,941
COBRA fee.......................................... 419,352 694,627 694,627
APHIS inspection fee............................... 329,000 355,216 355,216
Global entry user fee.............................. 13,743 34,835 34,835
Virgin Island fee.................................. ................ 11,302 11,302
Puerto Rico Trust Fund............................. 96,367 98,602 98,602
Small airport user fee\4\.......................... 8,318 ................ ...................
Customs Unclaimed Goods............................ ................ 5,992 5,992
--------------------------------------------------------
Total, Estimated fee collections................. 1,518,916 2,063,723 2,063,723
========================================================
Total, U.S. Customs and Border Protection, 11,876,784 12,786,570 12,423,734
available funding...............................
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25 and includes $3,270,000 for
the Harbor Maintenance Trust Fund.
\2\Includes emergency funding of $1,667,000 in the Disaster Relief Appropriations Act, 2013 (division A of
Public Law 113-2).
\3\Includes $3,274,000 for the Harbor Maintenance Trust Fund.
\4\Small airport user fee display reflects changes in Congressional Budget Office scoring.
SALARIES AND EXPENSES
Appropriations, 2013\1\\2\.............................. $8,284,074,000
Budget estimate, 2014................................... 9,127,088,000
House allowance......................................... 8,275,983,000
Committee recommendation................................ 7,976,142,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Includes emergency funding of $1,667,000 in the Disaster Relief
Appropriations Act, 2013 (division A of Public Law 113-2).
The U.S. Customs and Border Protection [CBP] Salaries and
Expenses appropriation provides funds for border security,
immigration, customs, agricultural inspections, regulating and
facilitating international trade, collecting import duties, and
enforcing U.S. trade laws. In addition to directly appropriated
resources, fee collections are available for the operations of
CBP from the following sources:
Immigration Inspection User Fee.--CBP collects user fees to
fund the costs of international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Electronic System for Travel Authorization Fee.--CBP
collects fees to cover the cost of operating and implementing a
system to pre-screen visitors from countries participating in
the Visa Waiver Program prior to their arrival in the United
States to avoid security risks, as authorized by section
711(h)(3)(B) of the 9/11 Act (Public Law 110-53).
Immigration Enforcement Fine.--CBP collects fines from
owners of transportation lines and persons for unauthorized
landing of aliens, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Land Border Inspection Fee.--CBP collects fees for
processing applications for the Dedicated Commuter Lanes
program, the Automated Permit Ports program, the Canadian
Border Boat Landing program, and both Canadian and Mexican Non-
Resident Alien Border Crossing Cards, as authorized by the
Immigration and Nationality Act (8 U.S.C. 1356).
Consolidated Omnibus Budget Reconciliation Act [COBRA]
Fee.--CBP collects fees for inspection services involving
customs-related functions. The COBRA user fee statutory
authority (19 U.S.C. 58c) specifies the types of expenses to be
reimbursed and the order for the reimbursement of these types
of expenses.
Animal and Plant Health Inspection Service Inspection
Fee.--CBP receives as a transfer a distribution of agriculture
inspection fees collected by the United States Department of
Agriculture. The user fees, as authorized by the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136), are charged to offset costs for the services related to
the importation, entry, or exportation of animals and animal
products.
Global Entry User Fee.--CBP collects fees to cover the cost
of a registered traveler program to expedite screening and
processing of international passengers as authorized under the
Consolidated Appropriations Act of 2008, section 565(3)(B).
U.S. Virgin Islands Fee Fund.--The U.S. Virgin Islands
[USVI] are an unincorporated territory of the United States and
although a U.S. territory, the USVI is expressly excluded from
the definition of customs territory of the United States. The
importation of goods into the USVI is governed by Virgin
Islands law. CBP collects duties on behalf of the USVI and
deposits them into the USVI Fee Fund. The account is now known
as the U.S. Virgin Islands Fees Fund, in which duties and taxes
collected in the USVI are deposited. The account in managed
annually as a reimbursable account with any remaining funds
remitted back to the USVI at the conclusion of the fiscal year.
Puerto Rico Trust Fund.--Customs duties, taxes, and fees
collected in Puerto Rico by CBP are deposited in the Puerto
Rico Trust Fund. After providing for the expenses of
administering CBP activities in Puerto Rico, the remaining
amounts are transferred to the Treasurer of Puerto Rico
pursuant to 48 U.S.C. sections 740 and 795.
Small Airport User Fee.--The User Fee Airports Program
authorized under 19 U.S.C. 58b and administered under 19 U.S.C.
58c(b)(9)(A)(i), authorizes inspection services to be provided
to participating small airports on a fully reimbursable basis.
The fees charged under this program are set forth in a
memorandum of agreement between the small airport facility and
the agency, and may be adjusted annually as costs and
requirements change.
Unclaimed Goods.--Any goods entered or un-entered
merchandise (except merchandise under section 557 of the Tariff
Act of 1930, as amended (19 U.S.C. 1557), but including
merchandise entered for transportation in bond or for
exportation) which remain in Customs custody for 6 months from
the date of importation or a lesser period for special
merchandise as provided by section 127.28 (c), (d), and (h),
and without all estimated duties and storage or other charges
having been paid, shall be considered unclaimed and abandoned.
This account represents the proceeds from the liquidation of
that account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $7,976,142,000 for Salaries and
Expenses of U.S. Customs and Border Protection for fiscal year
2014, including $3,274,000 from the Harbor Maintenance Trust
Fund and, of which $2,237,000,000 is derived from the
merchandise processing fee. This is $1,150,942,000 below the
request and $302,932,000 below the amount provided in fiscal
year 2013. More than two-thirds of the reductions in ``Salaries
and Expenses'' have been moved to other accounts within CBP or
other DHS agencies.
The Committee includes bill language making available up to
$150,000 for payment for rental space for preclearance
operations and $1,000,000 for payments to informants. The
Committee also includes bill language placing a $35,000 annual
limit on overtime paid to any employee and capping official
reception and representation expenses at $34,425. A new general
provision is included to allow CBP to access collections
associated with the U.S.-Colombia Trade Promotion Agreement
Implementation Act, Public Law 112-42.
The Committee does not include the proposed reduction of
Border Patrol horse patrols, but includes the other proposed
reductions including the closing of unnecessary inland Border
Patrol stations. These resources are more urgently required on
the border. Due to the need for flexibility in contracting and
budgeting for information technology and other systems, the
Committee has moved all funds for information technology as
well as for Automated Targeting Systems from ``Salaries and
Expenses'' to ``Automation Modernization'' so that CBP may take
contracting advantage of the longer availability of these funds
in the new account. Additionally, air and marine staffing funds
have been moved from this account to ``Air and Marine
Operations'', consistent with fiscal year 2013.
The Committee denies the proposed transfer of US-VISIT to
CBP for a total of $253,533,000. Instead, the Committee
recommends continuation of the functional distribution outlined
in Public Law 113-6. For that reason, the Committee
recommendation reflects $12,284,000 from US-VISIT funds within
the Office of Field Operation's Inspections, Trade, and Travel
Facilitation at Ports of Entry PPA. This amount represents US-
VISIT program management and planning efforts associated with
entry-exit policy and operations. Further, the Committee
recommendation reflects an additional $16,741,600 to transfer
the responsibility for the Arrival Departure Information System
[ADIS] to CBP. CBP is responsible for policy and operations
associated with processing legitimate travelers into and out of
the country. The Committee directs the Department to submit its
requests for these functions in the format established in
Public Law 113-6 in its fiscal year 2015 and future requests.
Increases above the request for travel facilitation are
discussed later in this report.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses:
Headquarters, management, and administration:
Commissioner...................................... 17,392 ................ 25,171
Chief Counsel..................................... 43,021 ................ 44,726
Congressional Affairs............................. 2,595 ................ 2,466
Internal Affairs.................................. 153,905 ................ 149,061
Public Affairs.................................... 12,546 ................ 12,830
Training and Development.......................... 77,618 ................ 76,082
Technology Innovation, Acquisition................ 25,970 ................ 22,788
Intelligence/Investigative Liaison................ 68,066 ................ 60,747
Administration.................................... 414,127 ................ 413,473
Management and administration, border security ................ 620,656 ................
inspections and trade facilitation...............
Management and administration, border security, ................ 592,330 ................
and control between ports of entry...............
Rent.............................................. 564,126 407,898 396,398
-----------------------------------------------------
Subtotal, Headquarters, management, and 1,379,336 1,620,884 1,203,742
administration.................................
=====================================================
Border security inspections and trade facilitation:
Inspections, trade, and travel facilitation at 2,715,066 2,727,294 2,687,853
ports of entry...................................
Harbor maintenance fee collection (Trust Fund).... 3,270 3,274 3,274
International cargo screening..................... 71,393 72,260 67,461
Other international programs...................... 24,766 24,740 24,596
Customs-Trade Partnership Against Terrorism [C- 43,012 40,183 38,460
TPAT]............................................
Trusted Traveler Programs......................... 10,797 6,311 5,311
Inspection and detection technology investments... 117,410 112,526 111,504
Automated targeting systems....................... 113,676 109,944 ................
National Targeting Center......................... 68,037 65,474 65,106
Training.......................................... 34,800 47,651 39,441
-----------------------------------------------------
Subtotal, Border security inspections and trade 3,202,227 3,209,657 3,043,006
facilitation...................................
=====================================================
Border security and control between ports of entry:
Border security and control........................... 3,627,003 3,700,317 3,673,836
Training.............................................. 73,841 55,928 55,558
-----------------------------------------------------
Subtotal, Border security and control between ports 3,700,844 3,756,245 3,729,394
of entry...........................................
=====================================================
Air and Marine operations................................. ................ 286,769 ................
-----------------------------------------------------
US-VISIT.................................................. ................ 253,533 ................
Emergency Appropriations (Public Law 113-2)............... 1,667 ................ ................
-----------------------------------------------------
Total, Salaries and expenses........................ 8,284,074 9,127,088 7,976,142
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
FUNDING PRIORITIES
As CBP is a ``personnel heavy'' agency, it is
understandable that difficult choices have to be made when
developing the budget request in an era of declining resources.
However, as these choices are made in the short term, we must
take into account their long-term consequences. Funding
limitations under the Budget Control Act require this Committee
to make difficult choices to maintain critical, targeted
staffing decisions to secure the border while facilitating
efficient processing of an increasing level of trade and
travelers to this country. The Committee urges the Department
and the Office of Management and Budget [OMB] to request
sufficient resources in the fiscal year 2015 budget to sustain
critical operations to avoid long-term negative impacts.
COMPREHENSIVE IMMIGRATION REFORM
Using the President's budget as a guide, the Committee
recommends in this bill many border security related items
which will have an impact on activities in fiscal year 2014 and
in the years to come. This bill was drafted as a regular
appropriations bill. It specifically is not attempting to
predict what activities and programs would be authorized and
appropriated as part of any final immigration reform
legislation. This Committee received requests for hiring of
additional CBP officers in specific locations, deployments of
specific technology, and new construction at ports of entry,
among many other items. Many of these are envisioned as part of
an overall reform bill and were included in S. 744 passed by
the Senate on June 27, 2013, but are inappropriate to be added
to this bill at this time. Additionally, total funding
available to the Committee places certain constraints on the
Committee. Where feasible, the Committee has included
recommendations from the President's budget which may begin to
address some of these requirements until final legislation is
enacted.
FINANCIAL PLAN
To help facilitate congressional oversight, CBP is directed
to submit to the Committee within 60 days after the date of
enactment of this act, a financial plan reflecting a detailed
breakout of funding by office for each PPA in the ``Salaries
and Expenses'' appropriation. This financial plan shall include
a comparison by office to the prior year plan amount and actual
expenditures for fiscal year 2013 and planned expenditures for
fiscal year 2014.
PORT OF ENTRY STAFFING AND RELIANCE ON FEES
CBP's Office of Field Operations [OFO] operates 329 ports
of entry [POEs] 24 hours a day and seven days a week, welcoming
to the U.S. almost 1 million people daily by air, land, and
sea. In addition to CBP's primary security mission, CBP is the
second-largest government revenue generator for the U.S., after
the Internal Revenue Service. On average, OFO collects
$105,000,000 a day in fees, duties, and tariffs. In fiscal year
2012, OFO processed $2,300,000,000,000 worth of trade through
U.S. POEs.
Travel volume is up 12 percent since fiscal year 2009 and
is projected to increase 4-5 percent each year for the next 5
years. In 2012, international travelers from the 10 largest
countries visiting the U.S. spent more than $107,000,000,000.
While trade and travel volumes are increasing at dramatic
rates, OFO funding and staffing have been relatively flat--
contributing to challenges in providing adequate CBP officers
[CBPO] to meet the demands of increasing workload, expanding
requirements, and new facilities.
After having directed CBP for more than 3 years to submit a
revised workload staffing model, to justify any increased
staffing requirements, CBP finally submitted to Congress its
fiscal year 2013 Resource Optimization at Ports of Entry with
President's budget request. This independently validated report
identifies the staffing requirement and alternative funding
strategies to increase revenue sources supporting additional
staff. The model shows a current need for 1,543 additional
CBPOs based on fiscal year 2012 volume levels. Also, in joint
testimony before the House Appropriations Subcommittee on
Homeland Security on April 17, 2013, CBP officials stated that
a recent study by the National Center for Risk and Economic
Analysis of Terrorism Events at the University of Southern
California ``found that an increase or decrease in staffing at
ports has an impact on wait times and, therefore, on the U.S.
economy''. Initial estimates indicate that for every 1,000
additional CBPOs, the United States can anticipate a
$2,000,000,000 increase in Gross Domestic Product. Based on the
continued growth in trade and travel volume, the CBPO need is
considerably higher.
OFO's two main user fees--the Immigration User Fee [IUF]
and the Consolidated Omnibus Budget Reconciliation Act of 1985
[COBRA] user fees--are also the two main user fees associated
with CBP inspectional services. These fees do not represent
full cost recovery for CBP, meaning the cost to perform the
services for which the fees are charged is more than CBP
receives in user fee collections. This gap in cost recovery has
a significant impact since one-third of OFO's budget is
dependent on user fees. This gap must be filled by increasingly
scarce directly appropriated dollars.
Due to the Budget Control Act, direct appropriations for
most Federal activities are trending downwards. This includes
appropriations for maintaining existing CBP officers as well as
hiring additional CBPOs. Therefore, this bill funds a total
increase of 1,850 CBPOs through a combination of $96,000,000 in
direct appropriations for a total of 876 CBP officers and an
additional 974 CBP officers funded through the IUF proposal
included in the budget request. The Committee expects that the
positions funded by the Immigration User Fee shall be deployed
to airports experiencing the greatest level of wait times
consistent with the congressional justification submitted with
the President's fiscal year 2015 budget request.
ANIMAL PLANT AND HEALTH INSPECTION SERVICES
The Committee notes CBP has been engaged with the
Department of Agriculture [USDA] Animal and Plant Health
Inspection Service [APHIS] to ensure that the APHIS User Fees
cover the full cost of inspection of agricultural products at
our ports of entry [POEs]. The Committee strongly encourages
the Secretary to develop and implement procedures to ensure
revenue from these fees, transferred to the Department pursuant
to section 421 of the Homeland Security Act of 2002, primarily
funds the salaries, benefits, overtime, and associated costs of
CBP Agriculture Specialists. According to a recent briefing by
CBP, both the House and Senate Agriculture and Appropriations
Committees, as well as OMB, support the recommendations to
adjust these fees to more accurately reflect the level of work
conducted by USDA and CBP personnel. The Committee directs CBP
to keep it regularly informed as these recommendations are
implemented.
The Committee urges CBP to continue to work with APHIS in
order to facilitate the release of cargo at commercial import
facilities by ensuring that CBP officials earn Cargo Release
Authority certification for those species and groups of
organisms listed in the Cargo Release Authority Plan. Such
coordination will allow CBP officials to release cargo
authorized by the Cargo Release Authority Plan while allowing
APHIS entomologists, plant pathologists, and botanists to make
release decisions upon discovery of those reportable organisms
that may pose a threat to the Nation's agricultural security.
IMPACT OF FEES ON AIRPORT ACTIVITIES
To ensure the maximum level of transparency is provided to
justify these increases, the Committee directs CBP to provide
an annual electronic report to the general public and
interested stakeholders, and posted on its Web site, on the
amount of fee funded activity that occurred over the preceding
fiscal year at airports. This report shall include all fees,
such as APHIS, IUF, COBRA, and the Small Airport User Fee. The
report will also provide annual average wait time data for high
volume port locations receiving additional IUF fee resources,
demonstrating a direct connection between service levels and
resources. It is important for CBP to deploy CBPOs at critical
international arrivals airports which experience the greatest
delays and longest processing times.
INFORMATION SHARING WITH PORT AUTHORITIES
The Committee notes that it has yet to receive the report
required in Senate Report 112-169 on the specific steps CBP can
take to advance its relationship, and specifically its
information sharing on things such as staffing models and
constraints, with port authorities. This report should include
descriptions of high-level stakeholder coordination in the form
of working groups, conference calls, operations, and other
interactions. The report shall also address any legal
impediment CBP has determined prohibits it from providing this
information to airport authorities and other appropriate
officials. If there are legal prohibitions, the report shall
delineate them and provide alternative language and proposals,
as applicable, to amend the relevant laws. The Committee
directs CBP to immediately submit this report.
LAND BORDER FEE STUDY
The President's budget request included a new general
provision authorizing CBP to conduct a study assessing the
feasibility and cost relating to establishing and collecting a
new land border crossing fee for both land border pedestrians
and passenger vehicles along the northern and southern borders.
This proposal is ill-advised and would have an immediate
negative impact on border communities and frequent border
crossers. The Committee has heard strong bipartisan objections
to its inclusion. CBP officers at our ports of entry are
trained to provide security of our borders while facilitating
legitimate travel and trade. They are not toll collectors. A
general provision has been included in the bill prohibiting CBP
from conducting any studies for establishing and collecting any
new land border fee. This provision does not affect any
existing trusted traveler program such as FAST, NEXUS, SENTRI,
and the like.
FACILITATING TRAVEL AND ENHANCING THE ENTRY PROCESS
CBP and the Vancouver Airport Authority recently launched a
new program, Automated Passport Control, an expedited customs
entry process that will allow eligible passengers traveling
from Vancouver International Airport to the United States to
clear customs more efficiently, while still ensuring the same
high standard of safety and security. The Committee notes this
partnership is the first of its kind and is intended to help
travelers move more quickly through the CBP preclearance
inspection process by allowing entry of passport information at
a self-service kiosk.
Acting CBP Commissioner, Thomas S. Winkowski, said,
``Increasing efficiency and streamlining processes are critical
components of CBP's modernization efforts at ports of entry.
This will allow for faster processing and increased focus on
the traveler.'' It is innovative thinking about how CBP can
improve the traveler experience with this and other programs
such as Global Entry, that this Committee has strongly
supported. In order to implement the vision of the President's
January 19, 2012, Executive order to increase the number of
international travelers to the United States, programs such as
this must be expanded.
The Committee fully funds the $10,800,000 request for the
CBP mobile program and the $8,000,000 request for integrated
traveler processing. Additionally, the Committee recommends
$10,000,000 above the request for targeted traveler enhancement
programs including, but not limited to, additional mobile
devices such as Enforcement Link Mobile devices, handheld
license plate and document readers, additional Global Entry
kiosks, expanding the integrated traveler process, and
expanding activities at existing preclearance locations. CBP
shall focus its efforts to expedite traveler processing at the
air and land ports of entry with the highest volume of
passenger traffic. CBP shall brief the Committee no later than
90 days after the date of enactment of this act on its plan to
deploy this additional equipment and activity and the potential
impact it will have on reducing wait times. Additionally, the
Committee reminds CBP of its April 25, 2012, report to Congress
entitled ``Improving Entry Process for Visitors to the United
States'' which stated that CBPOs are the ``first face of the
U.S. Government that travelers see at POEs. As a visible symbol
of our Nation, CBP officers have an important responsibility.
Training provides new CBP officers an understanding of the
expectations and standards, in terms of conduct, workplace
environment, demeanor, etiquette, respect for cultural
diversity, and interpersonal communications.'' The Committee
directs CBP to maintain these standards as part of its training
regime and to regularly provide refresher training to all
CBPOs.
CROSS-BORDER TUNNELS
Tunnels along the United States-Mexico border remain an
attractive alternative to overland drug smuggling because of
increased security measures and aggressive enforcement activity
on traditional cross-border routes. The Committee supports the
ongoing efforts of the DHS Tunnel Task Force to detect and
respond to new tunnels, directs continued submission of the
required tunnel report, and encourages CBP to dedicate
sufficient resources to continue detecting, responding to, and
remediating tunnels as they are encountered.
CONDUCT AND INTEGRITY OVERSIGHT
Since Congress initiated the rapid increase in CBP staffing
in 2005, the Committee has been concerned about the potential
for increased corruption by CBP personnel. The Committee
remains committed to addressing this problem. The Committee
fully funds the request for CBP to continue to expand integrity
training for its officers, conduct investigations, reduce the
backlog of reviews and polygraphs, and meet the requirements of
the Anti-Border Corruption Act of 2011 (Public Law 111-338).
The Committee directs the Deputy Secretary to continue to
oversee the coordination of the Office of the Inspector General
and CBP on program integrity issues.
BORDER PATROL AGENTS
As Secretary Napolitano noted in April 2013, between fiscal
years 2009 and 2012, DHS seized 39 percent more drugs, 71
percent more currency, and 189 percent more weapons along the
Southwest border as compared to fiscal years 2005 through 2008.
The number of Border Patrol agents has grown from 9,800 in 2001
to 21,370 today; ICE has deployed a quarter of its personnel to
the Southwest border since 2009; and CBP has completed 651
miles of fencing in key areas identified by the Border Patrol.
CBP has also installed 159 large-scale nonintrusive inspection
devices and deployed 360 canine teams, increasing those numbers
from 137 and 341 respectively since 2011.
While Border Patrol apprehensions slightly increased in
fiscal year 2012 to 364,678, apprehensions remain at the lowest
levels since 1974. Funds in this bill maintain an appropriate
balance of border security which is imperative to maintain as
the Congress continues to debate immigration reform and its
component parts regarding border security and interior
enforcement.
Included in the amount recommended by the Committee for
Border Security and Control is a total of $3,729,394,000 for
hiring, paying, equipping, and training Border Patrol agents.
Bill language is included mandating a floor of not less than
21,370 Border Patrol agents on-board throughout fiscal year
2014. With the funds in this act, there will continue to be
21,370 Border Patrol agents on duty, more than double the 9,951
agents on board at the end of fiscal year 2002.
NORTHERN BORDER PORT STAFFING
The Committee remains concerned about CBP officer staffing
levels for Northern Border ports of entry. The Committee
believes that many of the concerns about Northern Border
staffing could be allayed by more complete reporting to
Congress about CBP's Northern Border staffing plans. The
Committee directs CBP to submit an updated resource allocation
model with the fiscal year 2015 budget detailing specific
staffing and funding for, and implementation of, planned
Northern Border enforcement initiatives by port of entry. The
Committee also directs CBP to provide a briefing to the
Committee not later than December 1, 2013, on the CBP officer
staffing requirements on the Northern Border based on increased
trade flows and the current threat environment.
COORDINATION OF EFFORTS ON INDIAN LANDS
The Committee notes that the recent GAO report titled
``Partnership Agreements and Enhanced Oversight Could
Strengthen Coordination of Efforts on Indian Reservations''
suggests that CBP personnel can greatly improve efforts to
notify tribes of law enforcement activities occurring on
reservation lands and cultivate a productive partnership with
border-tribal law enforcement officials. The Committee requests
a joint briefing from DHS and CBP on the implementation of the
GAO recommendations.
ENFORCEMENT ACTIONS IN THE FIELD
The Committee encourages CBP and ICE to ensure that any
jurisdictional disputes with regard to the apprehension of
undocumented individuals in the field do not hamper the
Department's overall mission to secure our borders and enforce
our immigration laws.
TRADE ENFORCEMENT
The Committee fully funds the $3,000,000 budget request to
further consolidate single transaction bonds [STBs] in order to
improve duty collection, as recommended by GAO. These funds
would improve the collection of revenue owed to the Federal
Government by enabling CBP to develop an automated system for
STBs. Currently, STBs are submitted and maintained on paper at
all of the CBP port locations. Automation would allow a
centralized office to oversee and administer the STB program
and to develop the necessary expertise to verify the adequacy
of the STBs.
CBP analysis has found strong evidence to conclude that
trade fraud and evasion is widespread in many commodity
sectors--particularly for goods from China, which account for
46 percent of the anti-dumping and countervailing duties
collected. The Committee remains focused on the need for all
Federal Government agencies involved in international trade to
aggressively enforce existing trade laws. It has become clear
that there are specific actions that CBP and ICE, together with
the Departments of Commerce, Justice, and State and the United
States Trade Representative, can take without the need for
additional legislation. According to CBP's own statistics, more
than $1,000,000,000 in duties related to antidumping from 2001
to 2010 have yet to be collected. To help combat this problem,
CBP has created a multi-disciplinary Reengineering Dumping
[RED] Team to review the antidumping and countervailing duty
[AD/CVD] process and to develop enforcement solutions. To the
extent these duties are unable to be collected CBP shall issue
a statement as to the reasons why.
Additionally, for CBP's AD/CVD enforcement, the Centers of
Excellence and Expertise [CEEs] also centralize AD/CVD
functions for the industries and importers covered by the
respective CEE. The CEEs help increase uniformity and expertise
across CBP for administration of AD/CVD entries and AD/CVD
enforcement. The Committee commends CBP for taking these
actions and directs it to brief the Committees not less than
twice a year on its efforts to improve the enforcement and
collection process.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT REPORTS
The Committee has ensured that, within the amounts provided
in this account, there will be sufficient funds to administer
the ongoing requirements of section 754 of the Tariff Act of
1930 (19 U.S.C. 1675c), referenced in subtitle F of title VII
of the Deficit Reduction Act of 2005 (Public Law 109-171; 120
Stat. 154).
The Committee directs CBP to continue to work with the
Departments of Justice and the Treasury (and all other relevant
agencies) to increase collections, and provide a public report
on an annual basis within 30 days of each year's distributions
under the law. The report should summarize CBP's efforts to
collect past due amounts and increase current collections,
particularly with respect to cases involving unfairly traded
United States imports from China. The report shall provide the
same level of detail as required under this section in Senate
Report 112-169.
The Committee further directs the Secretary to work with
the Secretary of Commerce to identify opportunities for the
Department of Commerce to improve the timeliness, accuracy, and
clarity of liquidation instructions sent to CBP. Increased
attention and interagency coordination in these areas could
help ensure that steps in the collection of duties are
completed in a more expeditious manner. The Secretary is
directed to report within 180 days after the date of enactment
of this act on the steps it has taken in conjunction with the
Department of Commerce to address these issues. Consistent with
section 691a of Public Law 103-182, the North American Free
Trade Agreement Implementing Act of 1993, the Committee directs
the Commissioner of Customs to submit to Congress before the
60th day of each fiscal year a report regarding the collection
of duties imposed under the AD/CVD laws during the preceding
fiscal year.
Separately, CBP is directed to report to the Committee on
collection of the outstanding $1,000,000,000 in AD/CVD duties,
including the number of claims, the value of each claim, the
stage of collection for each claim and the date on which the
claim was referred for further action to either the CBP Chief
Counsel or Department of Justice. This report shall be
submitted to the Committee not later than 180 days after the
date of enactment of this act. This report will include the
steps that have been taken to recover funds and will also
include the challenges that prevent collection. CBP shall
publish on its Web site a version of this report that provides
appropriate privacy and trade sensitivity protections.
The Committee further directs CBP to provide the Committee
with a separate report that includes information concerning
each AD/CVD order for which more than $25,000,000 in assessed
AD/CVD duties secured by single entry bonds accepted by CBP
pursuant to 19 U.S.C. Sec. 1675(a)(2)(B)(iii) remains
uncollected more than 2 years after the dates of liquidation of
the secured entries. This report shall be submitted to the
Committee not later than 180 days after the date of enactment
of this act. For each relevant AD/CVD order, the report shall
include the bond's identification number, the date of the entry
secured by the bond, and the bond's face value. It shall also
include the liquidation status of each entry, and if
applicable, the date of liquidation, the amount of bond
principal received by CBP, the amount of interest received by
CBP, and the amount of any offer in compromise accepted by CBP.
Further, the report shall include information about whether CBP
has demanded performance on the bond or has withdrawn or
abandoned its demand due to one or more defects in the bond,
CBP's inability to locate the bond, or expiration of the
applicable statute of limitations. For each relevant AD/CVD
order for which CBP has demanded performance on the bond, the
report shall detail whether CBP's demand for bond performance
was protested, and if applicable, the date on which the protest
was filed, whether CBP has issued a decision on the protest,
whether a subsequent appeal has been filed by the protesting
party, and if applicable, the status of the appeal including
whether a court summons has been issued, the date on which the
summons was issued, and the amount of funds being held by CBP
pursuant to 28 U.S.C. Sec. 2637(a). The report shall also
include a detailed strategy, including a specific series of
actions and corresponding deadlines for completing those
actions, to collect under the bond the antidumping or
countervailing duties that remain uncollected.
The Committee directs CBP, in consultation with the
Department of Commerce and the Department of Treasury, to
report to the Committee on how requiring cash deposits of
estimated AD/CVD during new shipper reviews (in statute) would
strengthen the administration of the Nation's AD and CVD laws.
Under current law, the Department of Commerce is required to
allow importers to bond for cash deposits of estimated AD/CVD
during new shipper reviews. The Committee urges the United
States Trade Representative to include in the principal
negotiating objectives of the United States the objectives of
preventing evasion of the trade remedy laws of the United
States through information exchanges and site visits for any
trade agreements under negotiation as of the date of this
report or future trade agreement negotiations.
TRADE COMPLIANCE--INFORMATION SHARING
The Committee understands that current law may
unintentionally prohibit the Department of Commerce from
sharing proprietary information with CBP vital to determining
violations or claims with respect to any provision of the
Tariff Act of 1930. The Committee urges the Department to
coordinate jointly with the Department of Commerce on a
legislative proposal to amend the appropriate section of the
United States Code to remove any legal barriers to the sharing
of appropriate and necessary information between these prime
Federal trade compliance and enforcement agencies.
JONES ACT
CBP is charged with enforcement of U.S. cabotage laws. The
Jones Act provides for the national and economic security of
the United States by supporting a strong U.S. merchant marine.
By virtue of the Outer Continental Shelf Lands Act, as amended
by Public Law 106-580, the coastwise laws apply to marine
transportation between points and places in the United States,
including the Outer Continental Shelf. U.S. vessels, mariners,
and shipyards have been negatively impacted and underutilized
as a result of lax enforcement and prior rulings inconsistent
with congressional intent. The Committee urges the Department
to levy penalties for previously documented violations,
continue working with the Offshore Marine Service Association
in order to investigate future potential violations, and
dedicate adequate resources to vigorously enforce the Jones Act
on the Outer Continental Shelf. The Committee is very concerned
that 53 waivers of the Jones Act were issued in fiscal year
2011, enabling foreign-flagged vessels to transport oil
released from the Strategic Petroleum Reserve in response to
extreme fluctuations in the price of gas.
The Committee is also concerned about the lack of
transparency in issuing these waivers. A general provision is
included prohibiting funds from being used to issue future
waivers related to a release from the Strategic Petroleum
Reserve until the Secretary has consulted with the Departments
of Energy and Transportation and representatives of the United
States flag maritime industry and taken adequate steps to
ensure the use of United States flag vessels. The Secretary
shall notify the Congress within 2 business days of any request
for a waiver, not solely waivers requested to transport oil
released from the Strategic Petroleum Reserve.
The Committee directs CBP to develop a system to track the
status of all Jones Act violations, from the time they are
reported until assessed penalties have been collected or there
is a finding of no violation and the charges are dismissed. The
Committee also directs CBP to make information available to the
public and the Committees, on a quarterly basis, about specific
Jones Act violations, findings of fact, parties determined to
be at fault, amount of penalty assessments, and status of
collections.
NORTHERN BORDER COOPERATION
The Committee recognizes the economic importance of
facilitating the flow of cross border goods and people between
the United States and Canada. To this end, the Joint United
States-Canada ``Beyond the Border'' Action Plan, issued April
4, 2011, included several recommendations to enhance the
economic relationship while increasing cross border security.
On June 17, 2013, a cargo truck pre-inspection pilot began at
the Pacific Highway crossing adjacent to Surrey, British
Colombia across the border from Blaine, Washington. This
project is a collaborative effort by CBP, Canada Border
Services Agency [CBSA], and Public Safety Canada under the
``Beyond the Border'' plan. Phase I of this pilot is designed
as a ``proof of concept'' to determine the viability of
assigning CBP officers to Canadian border crossings to pre-
inspect southbound trucks, drivers, and cargo prior to arrival
into the United States. It will also test the viability of
developed technologies and joint U.S.-Canada procedures to
conduct CBP primary truck processing in Canada. CBP will
monitor wait times and provide traffic mitigation as needed.
This pilot may prove that other innovative initiatives can be
undertaken on our northern and southern borders to enhance
security and facilitate legitimate trade.
Only July 2, 2013, CBP announced it was beginning Phase II
of the pilot--implementation of the Entry/Exit information
system. Under Phase II, DHS and the CBSA will expand the
exchange of biographic entry data collected on third-country
nationals (those who are neither citizens of Canada nor of the
United States), permanent residents of Canada who are not U.S.
citizens, and lawful permanent residents of the United States
who are not Canadian citizens, to all automated land ports of
entry at the common border, including all major land border
crossings. It is expected that a coordinated Entry/Exit
information system will facilitate exchanges of entry
information such that an entry into country becomes an exit
from the other. If the pilot operates as planned it will help
the United States and Canada identify persons who potentially
overstay their lawful period of admission; better monitor the
departure of persons subject to removal orders; and verify that
residency requirements are being met by applicants for
continued eligibility in immigration programs.
Additionally, on June 26, 2013, a joint United States-
Canadian progress report was released entitled ``Facilitating
the Conduct of Cross-Border Business.'' This report, which is a
deliverable of the Beyond the Border Action Plan, describes
bilateral efforts to ensure business travelers benefit from
more efficient and predictable border clearance processes. The
Committee directs CBP to provide a briefing on both of the
pilots and the cross-border business plan not later than 60
days after the date of enactment of this act.
ADVANCED TRAINING CENTER
CBP has one of the Nation's largest cadres of armed Federal
law enforcement personnel and having a full-scale advanced
training facility focused on the agency's specialized missions
is critical. Included in the amount recommended by the
Committee is $40,000,000, as proposed in the budget, for
programmatic expenses (including salaries and benefits) and the
National Training Plan at the Advanced Training Center [ATC].
The ATC is providing advanced firearms, tactical, and
leadership training to CBP officers and agents across the
country, as well as other Federal and law enforcement agencies.
With the establishment of the Advanced Training Center
Revolving Fund [ATCRF], pursuant to the fiscal year 2012
Department of Homeland Security Appropriations Act, the
Committee directs CBP to continue to utilize ATCRF funds in
addition to any funds appropriated annually by the Congress.
Pursuant to Public Law 106-246, the training to be
conducted at the Center shall be configured in a manner so as
to not duplicate or displace any Federal law enforcement
program of the Federal Law Enforcement Training Center [FLETC].
Training currently being conducted at a FLETC facility shall
not be moved to the Center.
TRAINING REGARDING HUMAN TRAFFICKING
CBP plays a critical role in identifying potential human
trafficking victims as they enter the United States. The
Committee encourages CBP to continue to work with appropriate
nonprofit organizations and victim service providers to improve
the training of CBP officers in the field to assist in the
identification of human trafficking victims, especially
children, and provide appropriate referrals to victim service
organizations. Further, the Committee encourages the
Commissioner to post the National Human Trafficking Resource
Center hotline, email address, and Web site information in all
U.S. ports of entry.
FOREIGN MUNICIPAL SOLID WASTE
The Committee recognizes that trucks carrying foreign
municipal solid waste entering the United States from Canada
represent potential homeland security and environmental threats
to our Nation. The Committee is also aware of successful
efforts to address this threat, which have resulted in a
significant reduction in municipally managed waste shipments to
the United States. However, nearly 350 trash trucks still cross
U.S. borders every day. The Committee urges DHS, in conjunction
with CBP, to work with the Finance Committee--the appropriate
authorizing committee--to consider proposing to raise the
current Customs User Fee for trucks carrying foreign municipal
solid waste into the United States and include any such
proposal in the fiscal year 2015 budget through the appropriate
authorizing mechanism.
AUTOMATION MODERNIZATION
Appropriations, 2013\1\................................. $718,917,000
Budget estimate, 2014................................... 340,105,000
House allowance......................................... 700,242,000
Committee recommendation................................ 800,318,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The automation modernization account includes funds for
major information technology systems and services for U.S.
Customs and Border Protection [CBP], including the Automated
Commercial Environment [ACE] and the International Trade and
Data System projects, and connectivity of and integration of
existing systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends $800,318,000, to be available
until September 30, 2016, for automation modernization. This is
$460,213,000 above the amount requested and $81,401,000 above
the amount provided in fiscal year 2013. Included in the amount
recommended by the Committee is $899,300 for 5 technical FTE in
support of the movement of ADIS from US-VISIT/OBIM to CBP.
The Committee also has transferred the Automated Targeting
Systems funding from ``Salaries and Expenses'' to ``Automation
Modernization'' in a separate PPA.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Information technology.................................... 393,820 ................ 349,450
Automated Targeting Systems............................... ................ ................ 109,932
Automated Commercial Environment/International Trade Data 138,611 140,830 140,762
System [ITDS]............................................
Current operations protection and processing support 186,486 199,275 200,174
[COPPS]..................................................
-----------------------------------------------------
Total, Automation modernization..................... 718,917 340,105 800,318
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
REPORTS AND BRIEFINGS
The Committee expects to continue receiving the ACE
quarterly reports. CBP is directed to brief the Committees
immediately on the plan to decommission the Automated
Commercial System [ACS], the updated program plan for ACE, how
the ACS decommission plan is integrated into the program plan,
and the updated master schedule for ACE development.
TECS MODERNIZATION
The Committee directs CBP and ICE to continue to conduct
the semiannual joint briefings for the Committee.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
Appropriations, 2013\1\................................. $323,671,000
Budget estimate, 2014................................... 351,454,000
House allowance......................................... 361,454,000
Committee recommendation................................ 351,454,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Border Security, Fencing, Infrastructure, and
Technology account funds the capital procurement and total
operations and maintenance costs associated with fencing,
infrastructure, sensors, surveillance, and other border
security technology.
COMMITTEE RECOMMENDATIONS
The Committee recommends $351,454,000 for Border Security
Fencing, Infrastructure, and Technology, the same as the
request, and $27,783,000 above the amount provided in fiscal
year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Development and deployment................................ 188,567 160,435 160,435
Operations and maintenance................................ 135,104 191,019 191,019
-----------------------------------------------------
Total, Border security fencing, infrastructure, and 323,671 351,454 351,454
technology.........................................
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
TECHNOLOGY DEPLOYMENT DELAYS
According to the Department, Border Patrol apprehensions
have decreased 50 percent since fiscal year 2008. In the Tucson
sector apprehensions dropped 44 percent between fiscal years
2010-2012. This is the lowest level of apprehensions in Tucson
in 18 years. Since fiscal year 2005, the Committee has been a
strong and active supporter of the efforts to secure our
Southwest border through a strategic combination of fencing,
tactical infrastructure, and technology, combined with a
doubling of the size of the Border Patrol. In fact, at the
initiation of this Committee, Congress has appropriated more
than $2,400,000,000 in regular, supplemental, and emergency
funding above the amounts requested by this and the previous
President for this account. These funds have been used to
construct the 651 miles of fencing and border infrastructure
mandated by the Secure Fence Act, as amended, and they have
been used to bring more technology and security to Border
Patrol agents than has ever been available.
On April 6, 2012, the Department issued a request for
proposals to build and deploy the next set of integrated fixed
towers [IFTs] for cameras and radars within Arizona. CBP
initially estimated that the contract would be awarded in the
first quarter of 2013 and it still intends to initiate the
deployments in Douglas and Casa Grande, Arizona. Operational
field testing on the numerous bids CBP received is ongoing as
of June 2013, but the contract award has slipped yet again--to
the first quarter of fiscal year 2014 and deliveries of the
IFTs are now anticipated to start by fiscal year 2015. While
the Committee is encouraged that there appears to be proper
oversight of contracts and that contractors are being held to
fulfilling their obligations for use of taxpayer dollars, this
program has now been delayed for over 2 years. Additionally,
the Committee is concerned about concurrent deployment of these
systems before it has been proven that they actually work in
real-life situations and has included language prohibiting
concurrent deployment of IFTs. The Department has indicated
that approximately $580,000,000 remains available in
unobligated prior year balances for border technology as of
June 1, 2013. Given these strong concerns, the Committee
rescinds $61,783,000 in unobligated balances from this account
that are not required for fiscal year 2014.
NORTHERN BORDER
Included in the Committee's recommendation is $10,000,000,
as requested, for enhancing low-flying aircraft surveillance
and maritime detection technology along the Northern Border.
The Committee recognizes that incidents of drug smuggling
along our Northern Border are increasing, and that more efforts
need to be undertaken to address this growing problem. In
previous years, DHS and the Department of Defense cooperated on
Operation Outlook, a program that used sophisticated military
radar technology along the Northern Border to identify low-
flying aircraft that would otherwise not have been caught with
the current technology used by DHS. Though that operation was
highly successful, it was only temporary in nature and covered
only one sector of the Northern Border. To better uncover and
combat the smuggling of drugs by low-flying aircraft in the
future, and to assist in developing a comprehensive plan to
combat narcotics smuggling along the Northern Border, the
Committee urges the Department, through partnerships between
CBP and the Department of Defense, to use military radar
technologies to the fullest extent possible along the Northern
Border.
TETHERED AREOSTATS
The budget proposes to transfer operation and ownership of
8 existing tethered aerostat systems [TARS] from the Department
of Defense to DHS and the Committee approved their transfer
effective on July 1, 2013. These blimp-mounted radars allow DHS
to identify low-flying aircraft in the border region, and have
proven to be a cost-effective and worthwhile way to monitor the
border. The Committee recommends $37,400,000 for this activity,
as requested. The Committee understands CBP is studying whether
it needs to restore the Puerto Rico TARS and, if so, at what
cost. CBP has also indicated that it is evaluating how to
utilize TARS best, which could be a different configuration
than is currently deployed. CBP is to brief the Committee on
its plans no later than September 13, 2013.
BORDER ROADS
The Committee directs CBP to work with counties along the
United States-Mexico border to identify unimproved county roads
that the Border Patrol requires the use of and that provide
critical access to the border region for the purpose of
maintaining border security. The Committee directs CBP to
provide a briefing on the extent to which these roads are used,
their impact on daily border security operations, and the
feasibility of incorporating the maintenance and repair of any
identified high-priority access roads into its Tactical
Infrastructure Maintenance and Repair program not later than 90
days after the date of enactment of this act.
INVASIVE SPECIES
The Committee is pleased with the continued progress CBP
has made, in partnership with the U.S. Department of
Agriculture, on controlling carrizo cane, an invasive species
along the lower Rio Grande. As the carrizo cane program
progresses towards eventual sustainment, the Committee directs
CBP, with its partners, to provide an updated briefing on the
efforts, including using biological control projects, on salt
cedar.
AIR AND MARINE OPERATIONS
Appropriations, 2013\1\................................. $797,952,000
Budget estimate, 2014................................... 427,701,000
House allowance......................................... 802,741,000
Committee recommendation................................ 755,819,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The U.S. Customs and Border Protection [CBP] Air and Marine
Operations [AMO] account funds the capital procurement and
total operations and maintenance costs of the CBP air and
marine program and provides support to other Federal, State,
and local agencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $755,819,000 for Air and Marine
Operations, of which $472,501,000 is to remain available until
September 30, 2015. This is an increase of $328,118,000 above
the request and $42,133,000 below the amount provided in fiscal
year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
AIR AND MARINE OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses..................................... 283,196 ................ 283,318
Operations and maintenance................................ 396,875 353,751 381,251
Procurement............................................... 117,881 73,950 91,250
-----------------------------------------------------
Total, Air and Marine interdiction, operations, 797,952 427,701 755,819
maintenance, and procurement.......................
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
The Committee strongly supports CBP's continued efforts to
recapitalize its air and marine assets. Working with the Office
of Air and Marine, the Committee has provided resources to meet
the Department's border security requirements in the air,
coastal, and riverine environments as delineated by the CBP Air
and Marine Recapitalization Plan. Resources to address some of
these requirements are provided in this bill. The Committee
notes the lengthy period of time it takes to procure certain
types of aircraft and other air systems because the bulk of the
systems are being acquired by the Department of Defense [DOD]
and CBP is fitting into DOD's production lines. At the same
time, these are mobile border security assets, able to be
transferred rapidly to respond to actual and emerging threats.
AGING AVIATION ASSETS AND STRATEGIC RECAPITALIZATION REQUIREMENTS
The President's budget proposes an unacceptably steep, 37
percent cut to the aviation procurement budget and an 11
percent reduction to operations and maintenance compared to the
fiscal year 2013 enacted level. CBP's fleet of aircraft is
increasingly aged. More planes are being retired than are being
replaced at a time when there is an increased demand for their
use in the counterdrug, alien smuggling, and disaster response
missions. More than 50 percent of the aircraft are 35 years old
on average. The proposed reduction would result in fewer
replacement aircraft being purchased and combined aircraft
flight hours being cut to only an estimated 62,386 flight hours
for this vital mission--a cut of more than 40 percent from the
peak level of 106,600 hours in fiscal year 2010, and a
reduction of over 20 percent from flight hour allocations for
fiscal year 2012.
The Committee recognizes that since the merger of the
legacy U.S. Border Patrol and U.S. Customs Service aviation
programs under CBP in 2005, the CBP's Office of Air and Marine
has dramatically increased the efficiency and effectiveness of
CBP air operations in support of the Department and its
international, Federal, State, local, and tribal partners. Many
of these efficiencies were captured through the acquisition of
technologies that then drove or facilitated changes in CBP air
operations including decreased operations cycle time, effective
asset procurement/modernization, and innovative sensor system
integration. These operational developments have then resulted
in expanded mission functionality, vastly improved detection
capability, real-time customer support, decreased mishaps and
system downtime, which have consequently provided a significant
increase in overall CBP aviation mission effectiveness. The
Committee understands that the aircraft recapitalization plan
is nearly complete, with more than $1,000,000,000 appropriated
by Congress from fiscal year 2006 through fiscal year 2013 to
accomplish the objectives laid out in the long-range plan to
replace/upgrade CBP's aging fleet of aircraft and marine
vessels.
The budget request includes funding to continue the P-3
aircraft service life extension effort, to purchase two
additional multirole enforcement aircraft [MEAs], a number of
marine vessels, and additional sensor upgrades. But at this
reduced level of procurement funding, it will take over 13
years to fully recapitalize CBP's fleet. For instance, the MEA
provides border protection, law enforcement, and rapid response
contingency deployment capabilities. Since 2009, DHS has
budgeted for eight MEA systems, which does not support the most
efficient production line. The Committee encourages the
Department to work with industry to develop a procurement
strategy to obtain a more robust production rate and to explore
the cost savings of replacing its aging legacy fleet. As these
air assets are fully mobile, they are capable of rapidly
responding to an emerging threat anywhere in the country.
To address the requirement to replace aging aircraft and
enhance the capabilities of existing systems, the Committee
fully funds the request and recommends the following increases
above the request:
--$17,300,000 to procure two additional VADER radar systems,
and
--$27,500,000 above the request to restore total AMO flight
hours for all aircraft to approximately 84,000 hours.
These increases will provide crucial aerial support and
slow the steady decline in flight hours in support of the
Border Patrol mission over the past 5 years.
CONSTRUCTION AND FACILITIES MANAGEMENT
Appropriations, 2013\1\................................. $233,254,000
Budget estimate, 2014................................... 471,499,000
House allowance......................................... 471,278,000
Committee recommendation................................ 471,278,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, customs, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $471,278,000, for construction and
facilities management activities of U.S. Customs and Border
Protection [CBP], to remain available until September 30, 2018.
This is $221,000 below the amount requested and $238,024,000
above the amount provided in fiscal year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
CONSTRUCTION AND FACILITIES MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
2013 enacted\1\ Fiscal year 2014 Committee
budget request recommendations
----------------------------------------------------------------------------------------------------------------
Facility construction and sustainment...................... 175,981 385,398 385,398
Program oversight and management........................... 57,273 86,101 85,880
----------------------------------------------------
Total, Construction and facilities management........ 233,254 471,499 471,278
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
ADDITIONAL LAND BORDER PORT REQUIREMENTS
The Committee notes that the American Recovery and
Reinvestment Act of 2009, (Public Law 111-5) provided
$420,000,000 for construction, repairs, maintenance, and
security upgrades to CBP-owned ports of entry [POEs]. Of the
167 land border ports of entry, CBP owns 41. The rest are owned
and administered by the General Services Administration [GSA]
or are privately owned and leased, and one is owned by the
National Park Service. The Committee is pleased that through
good stewardship and creative contract management, CBP was able
to reconstruct or renovate 31 CBP-owned ports of entry, 28 of
which were on the Northern Border.
Previously, the Committee directed DHS, GSA, and the Office
of Management and Budget to develop a multiyear strategy to
address the growth of trade and passenger processing at our
land POEs with maintaining security. In response, the
President's budget proposes to transfer from GSA to CBP--via a
delegation of authority--the operation, maintenance, and repair
of LPOEs. GSA retains the authority over major construction
(including funding, contracting, and oversight). The Committee
supports this recommendation and fully funds the request. Not
later than 180 days after the date of enactment of this act,
CBP and GSA jointly shall brief the Committee on implementation
of the delegation of authority.
Additionally, the Committee notes its continued interest in
CBP exploring alternate options for funding POE construction
and improvements, including expanded use of public-private
partnerships, and was pleased to see such a proposal included
in the President's budget request. The Committee includes a
modified version of this proposal as a general provision in
Title V.
FIVE-YEAR CONSTRUCTION PLAN
The Committee reminds CBP that the fiscal year 2012
Department of Homeland Security Act made permanent the
requirement that a 5-year plan for all Federal land border
ports of entry shall be submitted annually with the President's
budget request. The Committee directs the Department to
continue to work with the GSA on its nationwide strategy to
prioritize and address the infrastructure needs at land border
POEs and to comply with the requirements of the Public
Buildings Act of 1959 (40 U.S.C. 3301) and seek necessary
funding.
The Committee further directs the Department to encourage
the use of small businesses in all phases of the contracting
process for construction and renovation of POEs.
U.S. Immigration and Customs Enforcement
SUMMARY
U.S. Immigration and Customs Enforcement [ICE] is
responsible for enforcing immigration and customs laws and
detaining and removing deportable or inadmissible aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $5,398,845,000,
including direct appropriations of $5,053,845,000, and
estimated fee collections of $345,000,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses\1\\2\........................... 5,388,138 4,956,822 5,013,945
Automation modernization.............................. 33,456 34,900 34,900
Construction.......................................... 4,993 5,000 5,000
-----------------------------------------------------
Total, Appropriations............................... 5,426,587 4,996,722 5,053,845
=====================================================
Estimated Fee Collections:
Immigration inspection user fee....................... 116,869 135,000 135,000
Breached bond/detention fund.......................... 75,000 65,000 65,000
Student exchange and visitor fee...................... 120,000 145,000 145,000
-----------------------------------------------------
Total, Estimated fee collections.................... 311,869 345,000 345,000
=====================================================
Total, Available funding............................ 5,738,456 5,341,722 5,398,845
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\Includes emergency funding of $855,000 in the Disaster Relief Appropriations Act, 2013 (division A of Public
Law 113-2).
SALARIES AND EXPENSES
Appropriations, 2013\1\\2\.............................. $5,388,138,000
Budget estimate, 2014................................... 4,956,822,000
House allowance......................................... 5,344,461,000
Committee recommendation................................ 5,013,945,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Includes emergency funding of $855,000 in the Disaster Relief
Appropriations Act, 2013 (division A of Public Law 113-2).
The ICE Salaries and Expenses account provides funds for
the enforcement of immigration and customs laws, intelligence,
and detention and removals. In addition to directly
appropriated resources, funding is derived from the following
offsetting collections:
Immigration Inspection User Fee.--ICE derives funds from
user fees to support the costs of detention and removals in
connection with international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Student Exchange Visitor Program Fee.--ICE collects fees
from foreign students, exchange visitors, and schools and
universities to certify and monitor participating schools, and
to conduct compliance audits.
Immigration Breached Bond/Detention Fund.--ICE derives
funds from the recovery of breached cash and surety bonds in
excess of $8,000,000 as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356); and from a portion of fees
charged under section 245(i) of the Immigration and Nationality
Act to support the cost of the detention of aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,013,945,000, for Salaries and
Expenses of ICE for fiscal year 2014. This is $57,123,000 above
the request and $374,193,000 below the amount provided in
fiscal year 2013. The Committee includes bill language placing
a $35,000 limit on overtime paid to any employee; making up to
$10,000,000 available for special operations; making up to
$2,000,000 available for the payment of informants; making up
to $11,216,000 available to reimburse other Federal agencies
for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens; making not less than
$305,000 available for promotion of public awareness of the
child pornography tipline and anti-child exploitation
activities; making not less than $5,400,000 available to
facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act; limiting the use of funds for
facilitating agreements consistent with section 287(g) of the
Immigration and Nationality Act to the same activities funded
in fiscal year 2005; making $15,770,000 available for
activities to enforce laws against forced child labor, of which
$6,000,000 shall remain available until expended; making up to
$11,475 available for official reception and representation
expenses; and making $10,300,000 available until September 30,
2015, for the Visa Security Program.
The Committee recognizes that ICE has had to make difficult
budget savings and downward adjustments to its base funding.
While certain targeted increases supported by this legislation
are proposed, ICE is on the verge of being forced to cut into
the bone of critical operations, especially investigations and
technology. This path is not sustainable and the Office of
Management and Budget must ensure that sufficient resources are
proposed in the President's fiscal year 2015 budget address
these national security requirements.
As discussed in greater detail below, the Committee
recommends increases for domestic investigations, detention
beds, alternatives to detention, and the criminal alien
program.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
2013 enacted\1\ Fiscal year 2014 Committee
budget request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, management, and administration:
Personnel compensation and benefits, services, and 219,754 192,236 189,909
other costs...........................................
Headquarters-managed IT investment..................... 160,252 141,294 140,808
----------------------------------------------------
Subtotal, Headquarters, management, and 380,006 333,530 330,717
administration......................................
====================================================
Legal proceedings.......................................... 206,768 204,651 202,584
====================================================
Investigations:
Domestic investigations................................ 1,684,633 1,599,972 1,603,888
International operations............................... 114,970 100,544 99,741
Visa Security Program.................................. 34,515 31,630 31,541
----------------------------------------------------
Subtotal, Investigations............................. 1,834,118 1,732,146 1,735,170
====================================================
Intelligence............................................... 78,348 75,448 74,908
====================================================
Detention and removal operations:
Custody operations..................................... 2,022,344 1,844,802 1,879,239
Fugitive operations.................................... 145,133 125,771 124,802
Criminal Alien Program................................. 216,224 291,721 294,155
Alternatives to detention.............................. 96,430 72,435 96,181
Transportation and Removal Program..................... 269,845 255,984 255,925
----------------------------------------------------
Subtotal, Detention and removal operations........... 2,749,976 2,590,713 2,650,302
====================================================
Secure Communities......................................... 138,067 20,334 20,264
Emergency Appropriation (Public Law 113-2)................. 855 ................ ................
====================================================
Total, Salaries and expenses......................... 5,388,138 4,956,822 5,013,945
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
TRADE COMPLIANCE AND ENFORCEMENT
The Committee notes that Intellectual Property Rights [IPR]
violations is a significant revenue source for transnational
criminal organizations including Mexican drug cartels.
According to officials at the IPR Coordination Center, these
violations are a low-risk/high-profit type of crime. The Center
sees more organized crime groups engaging in these types of
illegal activities because of the high-dollar value to them.
The Committee fully funds the request for trade enforcement
activities, including the $5,600,000 increase proposed in the
budget to support intellectual property rights and commercial
trade fraud investigations, including undercover equipment,
translation and transcription of court-ordered wiretaps,
commercial fraud training, and outreach at the IPR Center. The
Committee urges ICE to prioritize investigations involving
illicit trade of dangerous goods that could be harmful to the
public, including counterfeit pharmaceuticals and tainted good.
INVESTIGATIONS
The Committee supports the proposed $8,800,000 increase for
human smuggling investigations conducted by ICE through a
variety of strike forces and teams both domestically and abroad
and recommends an additional $10,000,000 for priority
investigations into human smuggling and trafficking,
counterproliferation, anti-gang, and drug smuggling
investigations. ICE shall submit an expenditure plan breaking
out how it proposes to allocate all resources provided in this
act for domestic investigations not later than 90 days after
the date of enactment of this act. This plan shall detail both
financial resources as well as the personnel dedicated to each
mission area and shall be at the same level of detail as the
quarterly investigations activities report.
ICE also is directed to maintain its relationship with the
National Center for Missing and Exploited Children in regards
to its ongoing support for investigations and other child
exploitation activities.
Additionally, the Committee supports the work of the
National Gang Unit and encourages the Department and ICE to
continue these aggressive investigations, specifically of gangs
of national significance which are perpetuating much of the
violence in our major urban areas while also engaging in a
variety of illicit activity including international drug, gun,
and human trafficking.
LAW ENFORCEMENT SUPPORT CENTER
The Committee provides funding of $34,400,000, $5,000,000
above the request and $5,000,000 above the amount provided in
fiscal year 2013. The Law Enforcement Support Center [LESC] is
DHS' national center which provides information about criminal
aliens and absconders to the law enforcement community,
responding to over 1.3 million Immigration Alien Queries
annually, and provides critical support to ICE field offices in
connection with single or large scale enforcement efforts. The
LESC is also an important component of Secure Communities,
which was fully deployed to 3,181 jurisdictions across the
United States in fiscal year 2013, with the LESC serving as the
single point of contact for Secure Communities-related queries.
The Committee notes that the LESC and the Fugitive
Operations Support Center [FOSC] play critical roles supporting
local law enforcement officials while performing law
enforcement actions in the field, as well as conducting
analyses about the status and location of fugitive aliens. The
Committee understands that both the LESC and the FOSC are
playing important and growing roles in analysis of visa
overstays. ICE's Compliance Enforcement Unit is responsible for
the initial review of all overstay records segregating them
based on enforcement priorities and those in priority 10 are
referred to the FOSC for analysis. FOSC analysis includes
running the referred individuals against a variety of public
and law enforcement databases. The FOSC is responsible for
analyzing the backlog of visa overstays about which little is
known, in part through matching biographic information, and if
available, biometric. Given the importance of resolving visa
overstays, the Committee strongly encourages FOSC to coordinate
its activities regarding biometrics with the Office of
Biometric Identity Management [OBIM] and the FBI, especially
ensuring that records that are passed to FOSC for analysis
include either the biometric or the fingerprint identification
number from OBIM in order to speed information sharing with the
FBI. The Committee directs ICE to brief the Committee within 90
days after the date of enactment of this act on the support the
LESC and FOSC provide to ICE in regard to visa overstay
analysis, including its coordination with other agencies and
the resources and staffing supporting this effort.
The Committee recommends $34,400,000, $5,000,000 above the
request, so that LESC can adequately support the full
deployment of Secure Communities with the necessary full-time
law enforcement personnel and related resources. Within the
increased funds provided, ICE is encouraged to evaluate the
need for additional resources such as improved data transfer
capabilities for FOSC's role in visa overstay analysis.
Further, in order to promote efficiency, the Committee
recommends that ICE take steps to ensure that current
operations being carried out at the LESC remain centralized at
the LESC facility and are not unnecessarily duplicated in other
parts of the country.
ENFORCEMENT ACTIONS IN THE FIELD
The Committee encourages ICE and CBP to ensure that any
jurisdictional disputes with regard to the apprehension of
undocumented individuals in the field do not hamper the
Department's overall mission to secure our borders and enforce
our immigration laws.
VISA SECURITY PROGRAM
The Committee recommends $31,541,000, as requested, to
fully fund visa security programs and activities. Of the total
amount provided for the Visa Security Program, bill language is
included making $10,300,000 available for obligation through
September 30, 2015.
IMMIGRATION ENFORCEMENT
The role of the Appropriations Committee is to provide the
resources necessary to enforce enacted laws and Administration
policy. The Committee takes seriously its role with regard to
providing sufficient resources within constrained budgets to
effectively and efficiently enforce immigration laws.
Maintaining an adequate number of detention beds is
critical to ensuring the integrity of our entire immigration
enforcement system, including border enforcement, while at the
same time preventing a return to the ill-advised ``catch and
release'' policy. In fiscal year 2012, ICE removed a total of
409,849 aliens, including 225,390 convicted criminal aliens,
compared with 240,665 removed in fiscal year 2004. At the end
of the first quarter of the current fiscal year, ICE had
removed 86,861 aliens, including 46,989 convicted criminals. It
is imperative that sufficient detention bed space be maintained
so that aliens who pose the greatest threat to the community or
who are required by current law to be detained can be. The
Committee notes that the number of aliens in detention has
spiked at certain periods during the fiscal year. Current law
requires mandatory detention of individuals entering this
country claiming credible fear of persecution in their home
countries and the numbers of apprehended aliens making these
claims in locations such as the Rio Grande Valley sector have
skyrocketed. For instance, during the week ending May 24, 2013,
there were 39,088 aliens in detention beds nationwide, but this
figure has dropped to 32,657 as of June 28, 2013. It is
incumbent on ICE to manage its detention bed resources to
ensure there are sufficient detention beds. The Committee
directs ICE to take appropriate measures to reduce the daily
bed rate charged to the Federal Government through a
competitive process in contracting for or otherwise obtaining
detention beds while ensuring that the most recent applicable
detention standards, including health standards, are met.
Recognizing the funds requested in the budget are
insufficient to support the requested bed level, the Committee
recommends $1,879,239,000, $41,000,000 above the amount
requested, for a minimum of 31,800 detention beds, as
requested. Bill language is also included permitting the
Secretary to propose to reprogram funds necessary to ensure the
detention of aliens prioritized for removal, subject to the
reprogramming guidelines contained in section 503.
DETENTION OF PREGNANT WOMEN
The Performance-Based National Detention Standards 2011
Section 2.15 Use of Force, issued by ICE, specifically
prohibits the use of restraints on pregnant women or women in
post-delivery recuperation when they do not present a flight
risk or a danger to their own life or the lives of others
absent ``extraordinary circumstances'' as specified in
subsection ``F''. The Committee expects ICE to make certain
that all detention or other contracts and agreements ensure
that the Use of Force exception for pregnant women is fully
implemented for all women held under an ICE detainer.
ALTERNATIVES TO DETENTION
The Committee recommends $96,181,000 for the Alternatives
to Detention [ATD] program. This is $23,746,000 above the
request and $249,000 below the enacted level. In the past few
years, ICE has not effectively maximized the use of the ATD
program. The Committee directs ICE to provide greater
transparency on its use of the program--including providing
quarterly briefings on the results of any evaluations of the
program by field offices. ICE should post on its Web site any
contractor evaluations and OIG reports related to the ATD
program.
SECURE COMMUNITIES
The Committee continues its support of the Secure
Communities program and notes it has been implemented
nationwide. As recommended in the budget, the Committee
realigns $74,300,000 from Secure Communities to the Criminal
Alien Program and $36,369,000 to Custody Operations.
The Committee directs ICE to immediately resolve the open
items listed in OIG-12-66, publish its response on its Web
site, and brief the Committees on the specific steps it has
taken to resolve/implement the recommendations.
The Committee has included a provision, as requested,
ensuring that all illegal aliens encountered when enforcing our
immigration laws are apprehended.
287(g)
The Committee recommends $24,300,000, as requested, for the
287(g) program.
EXECUTIVE OFFICE OF IMMIGRATION REVIEW
The Assistant Secretary of ICE is directed to brief the
Committee not later than 60 days after the date of enactment of
this act on how the funds provided in Public Law 113-6 for
system improvements, including permissive authority to transfer
from ICE to the Department of Justice's Executive Office of
Immigration Review [EOIR], for reducing the non-detained docket
were applied nationwide, and the specific projects which have
been undertaken with EOIR to make improvements and expedite
action on the non-detained docket.
IMPACTS OF IMMIGRATION ENFORCEMENT ON U.S. CITIZEN CHILDREN OF REMOVED
ALIENS
As noted in Senate Report 112-169, it is important for ICE
to institute appropriate policies and measures to ensure that
U.S. citizen children of illegal aliens receive all necessary
and appropriate treatment throughout the immigration
enforcement process. The Committee is aware that the Urban
Institute and others are conducting a study, funded by the
Department of Health and Human Services, focused on all aspects
of this issue including the number of children affected by the
detention and removal of a parent, the impact of family
separation and loss of income on the well-being of children,
and the short, intermediate, and long-term economic, health,
and social service needs of these children. The final report is
due to be released in early 2014. The Committee directs ICE to
provide all appropriate assistance to those conducting the
study and to implement any recommendations from the report. ICE
shall keep the Committee regularly updated on activities
affecting U.S. citizen children.
The Committee directs ICE to continue to submit the
semiannual report on ``Deportation of Parents of U.S.-Born
Citizens''.
DETENTION AND REMOVAL REPORTING
ICE is directed to continue to provide semiannual detention
and removal reports at the same level of detail as directed in
Senate Report 112-74.
TRAINING REGARDING HUMAN TRAFFICKING
ICE plays a critical role in investigating criminal
organizations which traffic individuals into the United States.
The Committee encourages ICE to work with appropriate nonprofit
organizations and victim service providers to improve the
training of ICE officers in the field to assist in the
identification of human trafficking victims, especially
children, and provide appropriate referrals to victim service
organizations.
AUTOMATION MODERNIZATION
Appropriations, 2013\1\................................. $33,456,000
Budget estimate, 2014................................... 34,900,000
House allowance......................................... 34,900,000
Committee recommendation................................ 34,900,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Automation Modernization account provides funds for
major information technology [IT] projects for U.S. Immigration
and Customs Enforcement [ICE], including modernization of TECS
(formerly known as the Traveler Enforcement and Compliance
System), modernization of Detention and Removal Operations' IT
systems for tracking detainees (DRO Modernization), electronic
health records, and other systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total of $34,900,000, the same
as the request and $1,444,000 above the amount provided in
fiscal year 2013. These funds are to remain available until
September 30, 2016.
The Committee directs that, of the funds made available to
this account, priority shall be given to TECS modernization.
ICE shall also brief the Committee on its progress in
electronic health records not later than 90 days after the date
of enactment of this act.
The Committee also continues the requirement for semiannual
briefings on this activity.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Automation modernization:
IT investment......................................... ................ ................ 8,400
TECS modernization.................................... 22,970 34,900 23,000
Detention and removals modernization.................. 6,991 ................ ................
Electronic health records............................. 3,495 ................ 3,500
-----------------------------------------------------
Subtotal............................................ 33,456 34,900 34,900
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
CONSTRUCTION
Appropriations, 2013\1\................................. $4,993,000
Budget estimate, 2014................................... 5,000,000
House allowance......................................... 5,000,000
Committee recommendation................................ 5,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, detention, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,000,000, as requested, to
remain available until September 30, 2014. This is $7,000 above
the amount provided in fiscal year 2013. The carryover funds
within the Construction account will be used for emergency
repairs and alterations, especially those focused on life and
safety.
Transportation Security Administration
The Transportation Security Administration [TSA] is charged
with ensuring security across U.S. transportation systems,
including aviation, railways, highways, pipelines, and
waterways, and safeguarding the freedom of movement of people
and commerce. Separate appropriations are provided for the
following activities within TSA: aviation security; surface
transportation security; transportation threat assessment and
credentialing; transportation security support; and Federal Air
Marshals.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$7,343,885,000 and a net of $4,907,885,000 for the activities
of TSA for fiscal year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
TRANSPORTATION SECURITY ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation Security...................................... 5,048,684 4,968,036 4,939,393
Aviation Security Capital Fund (mandatory)............. 250,000 250,000 250,000
Surface Transportation Security........................ 124,254 109,331 108,618
Transportation Threat Assessment and Credentialing 192,170 180,617 180,206
(direct appropriations)...............................
Transportation Threat Assessment and Credentialing (fee- 79,720 66,000 66,000
funded programs)......................................
Transportation Security Support........................ 953,017 997,789 978,561
Federal Air Marshals................................... 906,559 826,522 821,107
--------------------------------------------------------
Total, Transportation Security Administration 7,554,404 7,398,295 7,343,885
(gross).........................................
========================================================
Offsetting Fee Collections--current law................ -2,070,000 -2,120,000 -2,120,000
Offsetting Fee Collections--proposed increase.......... ................. -105,000 .................
Aviation Security Capital Fund (mandatory)............. -250,000 -250,000 -250,000
Fee Accounts [TTAC].................................... -79,720 -66,000 -66,000
--------------------------------------------------------
Total, Transportation Security Administration 5,154,684 4,857,295 4,907,885
(net)...........................................
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
AVIATION SECURITY
Appropriations, 2013\1\................................. $5,048,684,000
Budget estimate, 2014................................... 4,968,036,000
House allowance......................................... 4,875,739,000
Committee recommendation................................ 4,939,393,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Transportation Security Administration Aviation
Security account provides for Federal aviation security,
including screening of all passengers and baggage, deployment
of on-site law enforcement, continuation of a uniform set of
background requirements for airport and airline personnel, and
deployment of explosives detection technology.
The aviation security activities include funding for:
Federal transportation security officers [TSOs] and private
contract screeners; air cargo security; procurement,
installation, and maintenance of explosives detection systems
[EDS]; checkpoint technologies and support; and other aviation
regulation and enforcement activities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $4,939,393,000 for aviation
security activities. This is $28,643,000 below the amount
requested and $109,291,000 below the amount provided in fiscal
year 2013. Of this amount, the Committee recommends not to
exceed $15,300 for official reception and representation
expenses.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
AVIATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screening Operations................................... 3,972,420 3,899,525 3,850,557
Aviation Security Direction and Enforcement............ 1,076,264 1,068,511 1,088,836
Aviation Security Capital Fund (mandatory)............. (250,000) (250,000) (250,000)
--------------------------------------------------------
Total, Aviation Security......................... 5,048,684 4,968,036 4,939,393
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
AVIATION SECURITY FEES
The Congressional Budget Office, in its analysis of the
President's budget, has re-estimated discretionary collections
from aviation security fees to be $2,120,000,000 under existing
law. According to estimates by the Congressional Budget Office,
this amount is made up of $1,700,000,000 from passengers and
$420,000,000 from air carriers. CBO also estimates that an
additional $305,000,000 in passenger fees would be collected
from the Administration's proposal to modify aviation passenger
fees in fiscal year 2014 by applying a flat fee of $5 per one-
way trip. The Aviation and Transportation Security Act (Public
Law 107-71) mandated that TSA impose a flat fee of $2.50 fee
for a one-way trip with no stops and a $5 fee for a trip with
one or more stops. Under the Administration's proposal,
$105,000,000 of the additional collections is to be dedicated
to aviation security costs and $200,000,000 to debt reduction.
The recommendation assumes collection of the security fees
estimated under existing law and does not include the
Administration's legislative proposal to increase the fee.
While the reasoning behind the proposed increase has merit and
is recommended in both the House and Senate budget resolutions,
the Committee believes this proposal should be channeled
through the appropriate legislative committees.
SCREENING OPERATIONS
The Committee recommends $3,850,557,000 for TSA Screening
Operations. This is $48,968,000 below the amount requested and
$121,863,000 below the amount provided in fiscal year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
SCREENING OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screener Workforce:
Privatized Screening Airports......................... 147,575 153,190 153,190
Screener personnel, compensation, and benefits........ 3,076,311 3,033,526 2,982,847
-----------------------------------------------------
Subtotal, Screener Workforce...................... 3,223,886 3,186,716 3,136,037
=====================================================
Screener Training and Other............................... 224,809 226,936 226,857
Checkpoint Support........................................ 115,114 103,377 105,309
Explosives Detection Systems/Explosives Trace Detection
[EDS/ETD]:
EDS procurement and installation...................... 99,852 83,987 83,845
Screening technology maintenance and utilities........ 308,759 298,509 298,509
=====================================================
Subtotal, EDS/ETD Systems........................... 408,611 382,496 382,354
=====================================================
Total, Screening Operations......................... 3,972,420 3,899,525 3,850,557
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
PRIVATIZED SCREENING AIRPORTS
The Committee recommends $153,190,000 for privatized
screening airports. This is the same amount as requested and
$5,615,000 above the amount provided in fiscal year 2013.
TSA shall adjust its PPA line items, and notify the
Committee within 10 days, to account for any changes in private
screening contracts, including new awards under the Screener
Partnership Program [SPP], or the movement from privatized
screening into Federal screening. TSA shall also notify the
Committee if the agency expects to spend less than the
appropriated amount due to situations where no additional
airports express interest in converting to privatized
screening, or where airports currently using privatized
screening convert to using Federal screeners. The Committee
also expects to be briefed on any proposed changes being
considered for the SPP program. While the TSA contracted
independent study directed below is undertaken and further
reviewed by GAO, the Committee directs TSA to include indirect
costs, as recommended by GAO (GAO-09-27), in its cost
comparisons.
PRIVATIZED VERSUS FEDERALIZED SCREENING
The Committee believes that the role of TSA is to make air
travel as efficient and convenient as possible, without
sacrificing security. Every passenger should receive the
highest level of security, be treated with dignity and respect,
and expect minimal wait times of 10 minutes or less. TSA has
struggled to maintain these standards since its creation in
2001. The question of whether a qualified private screening
company could perform this security service better and at the
same or lower cost as TSA has not been fully answered since the
agency has been in existence. A recent GAO report (GAO-13-208)
recommended mechanisms to monitor private screening performance
separately from Federal screeners which could benefit TSA in
identifying positive or negative trends and ensure that all
airports operate at their optimal level. The Committee believes
that such a comparison would benefit TSA, airports considering
privatization, and the traveling public. Therefore, within the
funding provided in the ``Aviation Security'' appropriation,
the Committee instructs the TSA Administrator to allocate
resources for an independent study of the performance of
federalized airports compared to privatized airports. The study
shall include, but not be limited to, security effectiveness,
cost, throughput, wait times, management efficiencies, and
customer satisfaction. At a minimum, the study should compare a
privatized airport to a Federalized airport in each of the five
airport categories (CAT X, I, II, III, and IV) and be completed
within 1 year from the date of enactment of this act. With
respect to TSA cost estimates, the study shall include indirect
costs as recommended by GAO in report (GAO-09-27R). A copy of
this study shall also be provided to GAO for review. GAO shall
brief the Committee within 90 days of receipt of the study on
its assessment of the strengths and weaknesses of the report.
SCREENER PERSONNEL, COMPENSATION, AND BENEFITS
The Committee recommends $2,982,847,000 for Screener
Personnel, Compensation, and Benefits. This is $50,679,000
below the amount requested and $93,464,000 below the amount
provided in fiscal year 2013. Because TSA has removed 250
backscatter AIT machines from the field, staffing for those
machines is no longer necessary. Therefore, the recommended
amount for AIT staffing is reduced by $28,000,000 below the
request.
The Committee does not include a statutory cap on TSA
screening personnel. Consistent with the 9/11 Act, the
Secretary of Homeland Security shall recruit and hire screeners
as may be necessary to provide appropriate levels of aviation
security and to ensure that average passenger wait times do not
exceed 10 minutes.
Not later than 120 days after the date of enactment of this
act, TSA shall brief the Committee on the Aviation Screening
Assessment Program's performance testing results and how the
agency is adapting to address vulnerabilities.
SCREENER TRAINING AND OTHER
The Committee recommends $226,857,000 for Screener Training
and Other. This is $79,000 below the amount requested and
$2,048,000 above the amount provided in fiscal year 2013. Funds
are provided to support training of TSOs and other direct costs
associated with TSO operations, such as: consumable supplies,
checkpoint janitorial services, travel for the National
Deployment Force, uniform allowances, hazardous materials
disposal, and a model workforce program. The recommendation
reflects the requested realignment of funding from other
accounts to better align programmatic activities.
CUSTOMER SERVICE
TSA has recently initiated a program to train volunteer
Transportation Security Officers to become Passenger Support
Specialists [PSS]. The job of the TSOs in this program is to
aid passengers who need extra assistance at the checkpoint.
Additional training is provided to the TSOs to help resolve
traveler-related screening concerns and assist travelers with
disabilities and medical conditions. The Committee believes
this initiative could drastically improve customer service if
implemented agency-wide and directs TSA to include PSS training
in basic TSO training.
BEHAVIOR DETECTION OFFICERS
On Thursday, June 6, 2013, the DHS OIG released a report
(OIG-13-91) on TSA's Screening of Passengers by Observation
Techniques program, where behavior detection officers screen
passengers by observing their behavior in order to detect
characteristics of a high-risk passenger. The report found the
following: ``TSA did not (1) assess the effectiveness of the
Screening of Passengers by Observation Techniques program, (2)
have a comprehensive training program, (3) ensure outreach to
its partners, or (4) have a financial plan''. According to the
OIG, TSA concurred with the recommendations and is in the
process of implementing them. TSA is directed to brief the
Committee not later than 90 days after the date of enactment of
this act on the progress being made to implement the OIG
recommendations.
CHECKPOINT SUPPORT
The Committee recommends $105,309,000 for Checkpoint
Support. This is $1,932,000 above the amount requested and
$9,805,000 below the amount provided in fiscal year 2013. Funds
are provided to field test and deploy equipment for passenger
screening, carry-on baggage screening, checkpoint
reconfiguration, electronic surveillance of checkpoints, and
operational integration of systems. As stated in the budget
request, currently deployed technologies include walk-through
metal detectors, explosives trace detection, bottled liquid
scanners, chemical analysis devices, advanced technology
systems, and Advanced Imaging Technology [AIT]. The budget also
indicates that two new technologies will begin deployment in
fiscal year 2014, credential authentication technology and
portable explosives detection trace detectors, and development
of automated wait time systems will continue. The
recommendation includes an additional $2,000,000 to establish
technology pilots to evaluate the effectiveness of exit lane
screening solutions. This increase is discussed later in this
report.
The Committee 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 improved
explosives detection and AIT systems with lower false alarm
rates, more effective resolution, improved protection of
privacy and civil rights, and the ability to simultaneously
scan shoes for threats.
ADVANCED INTEGRATED SCREENING TECHNOLOGIES
Pursuant to a statutory requirement in the bill, TSA is to
continue providing a report on advanced integrated passenger
screening technologies for the most effective security of
passengers and baggage not later than 90 days after the date of
enactment of this act. The report provides a useful description
of existing and emerging equipment capable of detecting threats
concealed on passengers and in baggage. The Committee has added
a new element to the report, which is a requirement to include
projected funding levels for the next five fiscal years for
each technology discussed in the report. The information
contained in this report should be shared with TSA's industry
partners, to the maximum extent practicable, to allow for
necessary research, planning, and development of passenger and
baggage screening technologies. By adding a multi-year
requirement to this report, a separate 5-year strategic plan of
investments is no longer required.
ADVANCED IMAGING TECHNOLOGY
TSA is to continue its frequent briefings on AIT, which is
used to screen passengers for metallic and non-metallic
threats, including weapons, explosives, and other objects
concealed under layers of clothing. The briefings are to
include: procurement details; cost; schedule; associated
staffing requirements; utilization rates; deployments;
throughput rates; progress on the development of AIT-2 and
next-generation units; and any changes to requirements for full
operating capability.
RISK-BASED SCREENING INITIATIVES
TSA should be commended for streamlining screening
procedures for Pre-Check travelers, children under 12, senior
citizens, flight attendants, and active duty military
personnel. But today, the vast majority of Americans who fly
are still being processed through an ineffective one-size-fits-
all approach. Closing that gap will yield security, budgetary,
and economic benefits to both the agency and the flying public.
For Pre-Check, TSA must offer enrollment opportunities that
can reach beyond the U.S. Customs and Border Protection Global
Entry program and elite frequent fliers if a truly risk-based
aviation security system is to be put in place. The Committee
understands that TSA is considering the launch of a TSA Pre-
Check Trusted Traveler program that will enable travelers who
do not have a passport, or those who do not want to travel
internationally (or those not interested in Global Entry
participation), to directly apply for TSA Pre-Check
eligibility. TSA is also considering the use of third-party
vendors to prescreen passengers for expedited screening using
commercial information. These are commonsense modifications to
the program that will help TSA meet its goal of one in four
members of the traveling public being eligible for expedited
screening by the end of 2013 and 50 percent eligibility by the
end of calendar year 2014.
To encourage implementation of pre-check expansion
initiatives, the Committee includes bill language directing the
Administrator to certify that one in four members of the
traveling public is eligible for expedited screening by the end
of calendar year 2013 and requires a strategy to expand the
eligibility of the traveling public to 50 percent by the end of
calendar year 2014. TSA shall also continue to encourage TSA
Pre-Check participating airlines to provide reciprocal
recognition of eligible frequent flyers.
EXIT LANE SECURITY
The budget request includes a reduction of $88,100,000 and
over 2,000 positions as a result of transitioning access
control at exit lanes from TSA to commercial airports.
According to the agency, the current fiscal environment has
caused the prioritization of resources on the physical
screening of passengers and their belongings. Exit lanes are
locations where the public, generally passengers departing the
airport, may exit the sterile area into the public area.
Currently, TSA controls access to approximately 355 of the 956
exit lanes at the Nation's commercial airports. This security
posture has been in place primarily at exit lanes that are
collocated with a screening checkpoint. TSA has proposed an
amendment to the Airport Security Program that would require
airport operators to assume access control responsibility at
exit lanes controlled by TSA. Before implementing the proposed
amendment, the TSA Administrator is to certify to the Committee
that security standards will remain at or above current levels
and airports affected by this policy will have a variety of low
cost technology solutions available to them to carry out this
new exit lane responsibility, thereby reducing the burden on
airport operators. A recent exit lane security study conducted
by the National Safe Skies Alliance at the request of TSA found
that airport exit lanes can be secured with appropriate
technologies that increase the level of security while
simultaneously reducing the cost to secure each exit lane. The
Committee has included an additional $2,000,000 within the
checkpoint support PPA to establish technology pilots to
evaluate the effectiveness of these exit lane screening
solutions.
Before implementing this new policy, TSA is to brief the
Committee on its transition plan, including the roles and
responsibilities for clearing select individuals that currently
enter through exit lanes, such as law enforcement officers,
Federal Air Marshals, and known crewmembers. Additionally, TSA
shall note any airports where transitioning exit lane
responsibility does not result in adjustments to staffing at
such airports.
EQUIPMENT INVENTORY MANAGEMENT
The Committee understands that TSA has been working to
implement improvements based on the recent report by the DHS
Inspector General (OIG-13-82) regarding the procurement,
deployment, and storage of airport security-related equipment.
The report found that TSA ``stored unusable or obsolete
equipment, maintained inappropriate safety stock levels, and
did not develop an inventory management process that
systematically deploys screening equipment.'' Additionally TSA
did not use all of its available storage space. The Committee
understands that TSA has since reduced its leasable warehouse
space, reducing costs by 21 percent, expedited the removal of
surplus equipment in its inventory, and reduced the amount of
screening equipment in storage to a small fraction of overall
agency and Federal Government-wide equipment inventory. TSA
shall periodically update the Committee as it continues to
improve its inventory management procedures.
EXPLOSIVES DETECTION SYSTEMS
The Committee recommends $83,845,000 for Explosives
Detection Systems procurement and installation. This is
$142,000 below the amount requested and $16,007,000 below the
amount provided in fiscal year 2013. An additional $250,000,000
in mandatory spending will be available from Aviation Security
Capital Fund [ASCF] fee collections. The total discretionary
and mandatory funding will allow TSA to purchase and install
approximately 56 EDS units in fiscal year 2014 and fund 23
facility modification projects.
The Committee notes that approximately $560,000,000 in
unobligated/uncommitted prior year balances remain for EDS
procurement and installation, some of which have remained
unspent for over 6 years. There is no reason to maintain such
high carryover balances for such a long period of time. TSA is
to update the Committee monthly on obligations for these
balances, including the airport projects being implemented and
planned, as well as a schedule for completion.
The Committee understands that there are multiple EDS
technologies in the process of being certified or qualified by
TSA at the same time that facility modifications for checked
baggage screening optimization are being planned at numerous
airports. The Committee recognizes that TSA conducts extensive
and necessary operational field tests with the screening
systems prior to placing them on the qualified products list to
ensure reliable performance of EDS in the field. Given that
these next generation EDS systems have the potential to screen
1,400 more bags per hour compared to current generation
machines, TSA is encouraged to accelerate this process, to the
maximum extent practicable, to ensure that optimal systems are
able to be considered in airport designs for checked baggage
screening systems and available for deployment in a more
expedient manner. The Committee expects that TSA will share
relevant cost/benefit data about next generation EDS systems
with airports that are planning optimization projects to
replace EDS equipment at the end of its useful life. In
addition, the Committee directs TSA to further expedite the
acquisition of qualified systems by establishing development
gateways whereby capable third party testing facilities can
assist in accelerating technologies through the qualification
process and improve TSA's ability to more efficiently test,
acquire, and deploy effective and suitable technologies.
Section 44923 of title 49 requires that the $250,000,000 in
annual mandatory funding deposited into the ASCF is to be
available for airport security improvement projects, such as
facility modifications. However, procurement and installation
of EDS equipment associated with these projects is not
permitted. With a diminishing base of airport applications
seeking large improvement projects and the need to replace
aging EDS machines currently deployed at airports, the
recommendation continues bill language, as requested, to permit
ASCF funding to be used to procure and install EDS equipment
during fiscal year 2014. This will allow TSA to more
effectively, economically, and expeditiously plan and implement
the acquisition and replacement of existing EDS units. TSA is
to work with the appropriate committees of jurisdiction if it
desires a permanent solution to this problem.
The Committee also directs TSA to submit its formal EDS
recapitalization plan as described in the budget request no
later than 30 days after the date of enactment of this act. In
addition, the report is to include a replacement plan for
explosives trace detection [ETD] systems that are reaching the
end of their operational service life and their locations (both
for checked baggage and passenger screening). TSA is to provide
a briefing to the Committee not later than 60 days after the
date of enactment of this act explaining its timeline and
progress toward completion of operational testing and
evaluation of next generation ETD systems.
EXPENDITURE PLANS FOR EDS/CHECKPOINT TECHNOLOGIES
The Committee includes statutory language under the
``Transportation Security Support'' appropriation withholding
the obligation of $20,000,000 for Headquarters Administration
until TSA submits to the Committee, no later than 60 days after
the date of enactment of this act, detailed expenditure plans
for fiscal year 2014 for checkpoint security and EDS
refurbishment, procurement, and installations on an airport-by-
airport basis. The withholding is included to encourage timely
submissions of materials necessary for robust and informed
oversight. The plans shall include specific technologies for
purchase, program schedules and major milestones, a schedule
for obligation of the funds, recapitalization priorities,
status of operational testing for each passenger screening
technology under development, and a table detailing actual
versus anticipated unobligated balances at the close of the
fiscal year. The plan shall also include details on passenger
screening pilot programs that are in progress or being
considered for implementation in fiscal year 2014. Information
in this section is to include a summary of the pilot program
describing what the program is attempting to achieve; potential
capabilities and benefits of the program; the airports where
the pilots will be operating; funding commitments; and plans
for future expansion. The Committee expects TSA to include more
detailed program schedules for passenger screening technologies
included in the expenditure plan. Schedules should include all
milestones from the issuance of a request for proposal to
deployment. TSA shall brief the Committee at the end of the
second, third, and fourth quarters with an update on EDS and
checkpoint expenditures, including an explanation of any
deviation from the original plan.
INSTALLATION OF OPTIMAL BAGGAGE SCREENING SYSTEMS AND FTE SAVINGS
With the funding provided in this act and in prior
appropriations acts for EDS procurement and installation, TSA
is able to greatly expedite the deployment of in-line checked
baggage screening systems, thereby permitting a reduction in
personnel. For instance, by the end of fiscal year 2014, TSA
estimates that 262 airports will have optimal checked baggage
screening solutions. TSA shall report to the Committees, in
tandem with the annual budget request, on the savings achieved
and anticipated by fiscal year from the installation of new in-
line systems.
AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS FOR IN-LINE BAGGAGE SYSTEM
DEPLOYMENT
As required by the 9/11 Act, TSA is to give funding
consideration to airports that incurred eligible costs for EDS
and that were not recipients of funding agreements. The fiscal
year 2014 EDS expenditure plan shall identify airports eligible
for funding pursuant to section 1604(b)(2) of Public Law 110-53
and funding, if any, allocated to reimburse those airports.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES
The Committee recommends $298,509,000 for Screening
Technology Maintenance and Utilities. This is the same amount
as requested and $10,250,000 below the amount provided in
fiscal year 2013. The reduction below fiscal year 2013 reflects
requested reductions identified for administrative savings,
longer warranties, more efficient screening security equipment,
and a high unobligated balance.
AVIATION SECURITY DIRECTION AND ENFORCEMENT
The Committee recommends $1,088,836,000 for Aviation
Security Direction and Enforcement. This is $20,325,000 above
the amount requested and $12,572,000 above the amount provided
in fiscal year 2013. The following table summarizes the
Committee's recommendations as compared to the fiscal year 2013
and budget request levels:
AVIATION SECURITY DIRECTION AND ENFORCEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Aviation regulation and other enforcement................. 367,968 354,650 353,187
Airport management and support............................ 561,911 590,871 588,317
Federal flight deck officer and flight crew training...... 24,711 ................ 25,000
Air cargo................................................. 121,674 122,990 122,332
-----------------------------------------------------
Total, Aviation Security Direction and Enforcement.. 1,076,264 1,068,511 1,088,836
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
AVIATION REGULATION AND OTHER ENFORCEMENT
The Committee recommends $353,187,000 for Aviation
Regulation and Other Enforcement. This is $1,463,000 below the
amount requested and $14,781,000 below the amount provided in
fiscal year 2013. The recommended amount provides for law
enforcement and regulatory activities at airports to: ensure
compliance with required security measures, respond to security
incidents, and provide international support for worldwide
security requirements. The recommended amount provides
$88,700,000 for the National Canine Program, as requested,
which helps support 921 teams in fiscal year 2014. Another
$6,700,000 for the National Canine Program is funded through
the ``Surface Transportation Security'' appropriation. TSA
funded canine teams have proven to be a reliable, effective,
and efficient way to screen for explosive devices. Since the
beginning of fiscal year 2007 a total of 452 canine teams have
been added, an increase of over 87 percent.
In the 2003 Vision 100--Century of Aviation Reauthorization
Act, Congress directed TSA to issue ``final regulations to
ensure the security of foreign and domestic aircraft repair
stations''. In a 2011 letter to stakeholders, TSA stated its
expectation that approval and publication of the final rule was
anticipated by the fourth quarter of calendar year 2012. Today,
the rule still has not been published. The Committee urges OMB
to expedite its review of the final rule and subsequent
publication by TSA.
AIRPORT MANAGEMENT AND SUPPORT
The Committee recommends $588,317,000 for Airport
Management and Support. This is $2,554,000 below the amount
requested and $26,406,000 above the amount provided in fiscal
year 2013. Funds are provided for: the workforce to support TSA
Federal security directors; Bomb Appraisal Officers; Explosives
Security Specialists; the Transportation Security Operations
Center; airport rent and furniture; a vehicle fleet; airport
parking; and employee transit benefits. The Committee includes
the requested realignment of funds from the ``Transportation
Security Support'', ``Surface Transportation'', and ``Federal
Air Marshals'' appropriations to merge like costs into one
account.
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING PROGRAMS
The Committee recommends $25,000,000 for the Federal Flight
Deck Officer [FFDO] and Flight Crew Training programs. This is
$25,000,000 above the amount requested and $289,000 above the
amount provided in fiscal year 2013. Funds are provided to
deputize qualified airline pilots who volunteer to be Federal
law enforcement officers and to provide initial and recurrent
law enforcement training. Funds are also provided for the Crew
Member Self-Defense Training program for the purpose of
teaching crew members basic self-defense concepts and
techniques.
The Committee disagrees with the request, which proposes
that the FFDO program be funded by the airlines through
reimbursable agreements with the Federal Law Enforcement
Training Center. The proposed cut would prevent dedicated
flight crews who volunteer for this program from receiving
training that could protect commercial flights and the
passengers on them.
AIR CARGO
The Committee recommends $122,332,000 for Air Cargo
security. This is $658,000 below the amount requested and
$658,000 above the amount provided in fiscal year 2013. Funds
are provided to secure the air cargo supply chain, conveyances,
and people.
The Committee continues a statutory provision requiring the
TSA Administrator to either certify that 100-percent screening
of inbound cargo has been met or submit a strategy for
compliance with the 100-percent mandate as stipulated under
title 44901(g) of title 49, United States Code. According to
the Department, as of December 3, 2012, all air carriers were
required to be in compliance with the 100-percent screening
requirement for air cargo. TSA is currently in the process of
compiling data to verify compliance and expects to execute the
certification in the late summer of 2013. TSA is to brief the
Committee if the certification is delayed beyond September 3,
2013.
The Committee includes statutory language under
``Transportation Security Support'' restricting $20,000,000
from being obligated for headquarters administration until TSA
submits to the Committee, no later than 60 days after the date
of enactment of this act, an expenditure plan on the allocation
of air cargo funds, including carryover balances. Due to delays
in receiving the air cargo expenditure plan in prior years, the
withholding is included to encourage timely submissions of
materials necessary for robust and informed oversight.
SURFACE TRANSPORTATION SECURITY
Appropriations, 2013\1\................................. $124,254,000
Budget estimate, 2014................................... 109,331,000
House allowance......................................... 124,294,000
Committee recommendation................................ 108,618,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
Surface transportation security provides funding for
personnel and operational resources to assess the risk of a
terrorist attack on nonaviation modes of transportation,
standards and procedures to address those risks, and to ensure
compliance with established regulations and policies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $108,618,000 for Surface
Transportation Security. This is $713,000 below the amount
requested and $15,636,000 below the amount provided in fiscal
year 2013. Funds are available to assess the risk of terrorist
attacks for all non-aviation transportation modes, issue
regulations to improve the security of those modes, and enforce
regulations to ensure the protection of the transportation
system. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
SURFACE TRANSPORTATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Staffing and operations................................... 36,305 35,433 35,262
Surface transportation security inspectors and canines.... 87,949 73,898 73,356
-----------------------------------------------------
Total, Surface Transportation Security.............. 124,254 109,331 108,618
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS
The Committee recommends $35,262,000 for Surface
Transportation Security Staffing and Operations. This is
$171,000 below the amount requested and $1,043,000 below the
amount provided in fiscal year 2013.
SURFACE TRANSPORTATION SECURITY INSPECTORS AND CANINES
The Committee recommends $73,356,000 for Surface
Transportation Security Inspectors and Canines. This is
$542,000 below the amount requested and $14,593,000 below the
amount provided in fiscal year 2013.
Since 2001, terrorist attacks on mass transit, buses, and
passenger rail have resulted in more than 3,900 deaths and
14,000 injuries worldwide. In October 2012, Federal authorities
arrested a man in northern Virginia for conspiring to bomb
Metrorail stations in the Washington, DC region and in April
2013, authorities arrested two men of planning attacks against
a passenger train traveling between Canada and the United
States. It is now more important than ever to increase our
defenses against similar plots. Intelligence gathered from
Osama bin Laden's compound revealed evidence that al Qaeda
considered rail lines high-value targets. TSA is to brief the
Committee no later than 90 days after the date of enactment of
this act on its multimodal technology pilots and initiatives.
The briefing shall include a summary of all technology pilot
programs/initiatives TSA will have operating or has planned for
fiscal year 2014; what each program/initiative is attempting to
achieve; potential capabilities and benefits of the program/
initiative; locations of each program/initiative; and plans for
future expansion.
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
Appropriations, 2013\1\................................. $192,170,000
Budget estimate, 2014................................... 180,617,000
House allowance......................................... 182,617,000
Committee recommendation................................ 180,206,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
Transportation threat assessment and credentialing includes
several TSA credentialing programs: Secure Flight, Crew
Vetting, Screening Administration and Operations, Registered
Traveler, Transportation Worker Identification Credential,
Hazardous Materials Commercial Drivers License Endorsement
Program, and Alien Flight School.
COMMITTEE RECOMMENDATIONS
The Committee recommends $180,206,000 for Transportation
Threat Assessment and Credentialing. This is $411,000 below the
amount requested and $11,964,000 below the amount provided in
fiscal year 2013. In addition, an estimated $66,000,000 in fee
collections is available for these activities in fiscal year
2014, as proposed in the budget.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Direct Appropriations:
Secure Flight......................................... 106,794 106,198 105,919
Crew and other vetting programs....................... 85,376 74,419 74,287
-----------------------------------------------------
Subtotal, direct appropriations..................... 192,170 180,617 180,206
=====================================================
Fee Collections:
Transportation worker identification credential....... 47,300 36,700 36,700
Hazardous materials................................... 12,000 12,000 12,000
Alien flight school (transfer from DOJ)............... 5,000 5,000 5,000
Air cargo/certified cargo screening program........... 7,200 5,400 5,400
Commercial aviation and airports/secure identification 8,000 6,500 6,500
display area checks..................................
Other security threat assessments..................... 120 50 50
General aviation at DCA............................... 100 350 350
-----------------------------------------------------
Subtotal, fee collections........................... 79,720 66,000 66,000
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
SECURE FLIGHT
The Committee recommends $105,919,000 for Secure Flight.
This is $279,000 below the amount requested and $875,000 below
the amount provided in fiscal year 2013. As recommended by the
9/11 Commission and mandated by the Intelligence Reform Act,
this program transferred the responsibility of airline
passenger watch list matching from the air carriers to the
Federal Government.
The Committee recommendation includes $7,000,000 in base
funding for Secure Flight to provide more robust pre-screening
of passengers participating in Pre-Check and $12,717,000 for
watchlist screening for passengers of large general aviation
aircraft. The Intelligence Reform Act mandates that DHS make
advanced passenger pre-screening available to charter operators
and lessors of aircraft greater than 12,500 pounds flying into,
out of, or within the United States. A rule on large aviation
aircraft is expected to be published in the coming months.
CREW AND OTHER VETTING PROGRAMS
The Committee recommends $74,287,000 for Crew and Other
Vetting Programs. This is $132,000 below the amount requested
and $11,089,000 below the amount provided in fiscal year 2013.
The Committee supports TSA's efforts to modernize its
vetting and credentialing infrastructure, which is currently
made up of disconnected and duplicative systems. This has
resulted in high-system complexity and lengthy adjudication
processes due to manual reviews. TSA intends to modernize its
system to address these issues and improve vetting and
credentialing services. Following several delays in the
development of this system, TSA has refined its acquisition
strategy, awarded a contract for system development, and now
appears to be on track to achieve initial operating capability
in 2013. The Committee is also encouraged by TSA's new
lifecycle cost estimate, which was reduced substantially from
projections made in the early stages of this acquisition. The
Committee includes $48,700,000, as requested, for this effort
in fiscal year 2014 and expects TSA to continue its quarterly
briefings on its efforts to develop this new vetting system.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL [TWIC]
The Coast Guard and Maritime Transportation Act of 2012 was
signed into law on December 20, 2012 (Public Law 112-213) and
included a requirement under section 709 that TSA reform the
process within 270 days for TWIC enrollment, activation,
issuance, and renewal to require, in total, no more than one
in-person visit to a designated enrollment center except in
cases in which there are extenuating circumstances as
determined by the Secretary. The Committee is pleased that TSA
has developed a TWIC OneVisit implementation plan, and notes
the scheduled launch of a pilot initiative in Alaska utilizing
a manual solution during the third quarter of fiscal year 2013,
followed by an initiative at a second location utilizing an
automated mailing solution in early fiscal year 2014, and
culminating in a nationwide launch of a fully automated
solution in late fiscal year 2014. The Committee directs TSA to
remain focused on its efforts to implement the requirements
under section 709 of the Coast Guard and Maritime
Transportation Act of 2012 and comply with the statutory
deadlines established under that act. Not later than 30 days
after the date of enactment of this act, the Administrator is
directed to submit a report to the Committee on the plan and
timeline for implementing section 709 and other plans to ease
the burden on workers who must travel hundreds of miles at
great personal expense to obtain a TWIC card.
TRANSPORTATION SECURITY SUPPORT
Appropriations, 2013\1\................................. $953,017,000
Budget estimate, 2014................................... 997,789,000
House allowance......................................... 897,666,000
Committee recommendation................................ 978,561,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Transportation Security Support account supports the
operational needs of TSA's extensive airport/field personnel
and infrastructure. Transportation Security Support includes:
headquarters' personnel, pay, benefits, and support;
intelligence; mission support centers; human capital services;
and information technology support.
COMMITTEE RECOMMENDATIONS
The Committee recommends $978,561,000 for Transportation
Security Support. This is $19,228,000 below the amount
requested and $25,544,000 above the amount provided in fiscal
year 2013.
The following table summarizes the Committee's
recommendations compared to the fiscal year 2013 and budget
request levels:
TRANSPORTATION SECURITY SUPPORT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2013 2014 budget Committee
enacted\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters administration.................................... 275,758 284,942 276,000
Information technology......................................... 416,645 455,484 450,000
Human capital services......................................... 215,544 212,554 208,000
Intelligence................................................... 45,070 44,809 44,561
------------------------------------------------
Total, Transportation Security Support................... 953,017 997,789 978,561
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
HEADQUARTERS ADMINISTRATION
The Committee recommends $276,000,000 for Headquarters
Administration. This is $8,942,000 below the amount requested
and $242,000 above the amount provided in fiscal year 2013.
TSA shall continue semiannual briefings on covert testing
activities, to include the latest metrics gathered from recent
tests and resulting mitigating factors.
The Committee includes bill language withholding the
obligation of $20,000,000 for Headquarters Administration until
fiscal year 2014 expenditure plans for air cargo security,
explosives detection systems procurement and installation, and
checkpoint support are provided to the Committee. The
expenditure plans are due no later than 60 days after the date
of enactment of this act.
INFORMATION TECHNOLOGY
The Committee recommends $450,000,000 for Information
Technology. This is $5,484,000 below the amount requested and
$33,355,000 above the amount provided in fiscal year 2013. This
level includes the realignment of funds from the ``Federal Air
Marshals'' appropriation to consolidate like functions.
HUMAN CAPITAL SERVICES
The Committee recommends $208,000,000 for Human Capital
Services. This is $4,554,000 below the amount requested and
$7,544,000 below the amount provided in fiscal year 2013.
This reduction includes management efficiencies,
administrative savings, other one-time costs no longer
necessary to support hires funded in prior years, and a
transfer to the ``Aviation Security'' appropriation to support
training activities.
INTELLIGENCE
The Committee recommends $44,561,000 for Intelligence
activities. This is $248,000 below the amount requested and
$509,000 below the amount provided in fiscal year 2013.
FEDERAL AIR MARSHALS
Appropriations, 2013\1\................................. $906,559,000
Budget estimate, 2014................................... 826,522,000
House allowance......................................... 821,107,000
Committee recommendation................................ 821,107,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Federal Air Marshals [FAMs] protect the air
transportation system against terrorist threats, sabotage, and
other acts of violence. The FAMs account provides funds for the
salaries, benefits, travel, training, and other expenses of the
program.
COMMITTEE RECOMMENDATIONS
The Committee recommends $821,107,000 for Federal Air
Marshals. This is $5,415,000 below the amount requested and
$85,452,000 below the amount provided in fiscal year 2013. This
funding decrease reflects the realignment of FAMs support
functions from this appropriation into the ``Aviation Security
Direction and Enforcement'' and ``Transportation Security
Support'' appropriations, as discussed earlier in this report.
The Committee directs TSA to submit quarterly reports on
mission coverage, staffing levels, and hiring rates as in prior
years.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
FEDERAL AIR MARSHALS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and administration............................. 792,738 714,669 709,254
Travel and training....................................... 113,821 111,853 111,853
-----------------------------------------------------
Total, Federal Air Marshals......................... 906,559 826,522 821,107
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
United States Coast Guard
SUMMARY
The Coast Guard's primary responsibilities are the
enforcement of all applicable Federal laws on the high seas and
waters subject to the jurisdiction of the United States;
promotion of safety of life and property at sea; assistance to
navigation; protection of the marine environment; and
maintenance of a state of readiness to function as a
specialized service in the Navy in time of war, as authorized
by sections 1 and 2 of title 14, United States Code.
The Commandant of the Coast Guard reports directly to the
Secretary of the Department of Homeland Security.
COMMITTEE RECOMMENDATIONS
The President's fiscal year 2014 discretionary budget
request proposes to reduce funding for the Coast Guard by 8
percent, including the reduction of over 850 military billets,
the movement of 1,050 reservists to inactive status resulting
in the smallest reserve force since 1957, the decommissioning
of critical operational assets, and a 38 percent reduction in
capital expenditures to a level not seen since 2003. When
testifying before the subcommittee on the fiscal year 2014
budget request, the Commandant of the Coast Guard said that the
proposed budget reductions could cause a ``death spiral'', as
the agency would be forced to sustain cutters that average over
46 years of age instead of having funding to procure new
vessels and aircraft. If the budget request were to be enacted,
the Coast Guard's ability to carry out its 11 statutory
missions would be seriously hampered. The recommended level
provided for in this bill includes targeted increases above the
President's request to ensure that Coast Guard personnel
serving on the front lines have the resources and assets to
fulfill their many missions in fiscal year 2014 and in the
future.
The Committee recommends a total program level of
$10,072,467,000 for the activities of the Coast Guard for
fiscal year 2014. When costs for overseas contingency
operations are excluded, the recommendation for the Coast Guard
is $335,382,000 and 448 positions above the request. The
recommendation also restores 600 reservist positions to active
status. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
COAST GUARD--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014
Fiscal year 2013 budget Committee
enacted\1\ request\2\ recommendations\3\
----------------------------------------------------------------------------------------------------------------
Operating Expenses..................................... 7,065,780 6,755,383 7,026,346
Environmental Compliance and Restoration............... 13,134 13,187 13,165
Reserve Training....................................... 132,353 109,543 122,491
Acquisition, Construction, and Improvements............ \4\1,817,586 951,116 1,229,684
Research, Development, Test, and Evaluation............ 19,664 19,856 19,781
Health Care Fund Contribution (Permanent Indefinite 203,000 201,000 201,000
Appropriations).......................................
Retired Pay............................................ 1,423,000 1,460,000 1,460,000
--------------------------------------------------------
Total, Coast Guard............................... 10,674,517 9,510,085 10,072,467
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\Excludes a permissive transfer of up to $227,033,000 from ``Operation and Maintenance, Navy'' for overseas
contingency operations.
\3\Includes $227,000,000 for overseas contingency operations.
\4\Includes emergency funding of $274,233,000 in the Disaster Relief Appropriations Act, 2013 (division A of
Public Law 113-2).
The Coast Guard will pay an estimated $201,000,000 in
fiscal year 2014 to the Medicare-Eligible Retiree Health Care
Fund for the costs of military Medicare-eligible health
benefits earned by its uniformed servicemembers. The
contribution is funded by permanent indefinite discretionary
authority pursuant to the National Defense Authorization Act
for fiscal year 2005 (Public Law 108-375).
OPERATING EXPENSES
Appropriations, 2013\1\................................. $7,065,780,000
Budget estimate, 2014\2\................................ 6,755,383,000
House allowance\2\...................................... 6,839,416,000
Committee recommendation................................ 7,026,346,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Excludes a permissive transfer of $227,033,000 from ``Operation and
Maintenance, Navy'' for overseas contingency operations.
The Operating Expenses appropriation provides funds for the
operation and maintenance of multipurpose vessels, aircraft,
and shore units strategically located along the coasts and
inland waterways of the United States and in selected areas
overseas. The program activities of this appropriation fall
into the following categories:
Search and Rescue.--As one of its earliest and most
traditional missions, the Coast Guard maintains a nationwide
system of boats, aircraft, cutters, and rescue coordination
centers on 24-hour alert.
Aids to Navigation.--To help mariners determine their
location and avoid accidents, the Coast Guard maintains a
network of manned and unmanned aids to navigation along the
Nation's coasts and on its inland waterways. In addition, the
Coast Guard operates radio stations in the United States and
abroad to serve the needs of the armed services and marine and
air commerce.
Marine Safety.--The Coast Guard ensures compliance with
Federal statutes and regulations designed to improve safety in
the merchant marine industry and operates a recreational
boating safety program.
Marine Environmental Protection.--The primary objectives of
the marine environmental protection program are to minimize the
dangers of marine pollution and to assure the safety of ports
and waterways.
Enforcement of Laws and Treaties.--The Coast Guard is the
principal maritime enforcement agency with regard to Federal
laws on the navigable waters of the United States and the high
seas, including fisheries, drug smuggling, illegal immigration,
and hijacking of vessels.
Ice Operations.--In the Arctic and Antarctic, Coast Guard
icebreakers escort supply ships, support research activities
and Department of Defense operations, survey uncharted waters,
and collect scientific data. The Coast Guard also assists
commercial vessels through ice-covered waters.
Defense Readiness.--During peacetime, the Coast Guard
maintains an effective state of military preparedness to
operate as a service in the Navy in time of war or national
emergency at the direction of the President. As such, the Coast
Guard has primary responsibility for the security of ports,
waterways, and navigable waters up to 200 miles offshore.
COMMITTEE RECOMMENDATIONS
The Committee recommends $7,026,346,000 for Coast Guard
Operating Expenses, including $24,500,000 from the Oil Spill
Liability Trust Fund and $567,000,000 for Coast Guard defense-
related activities, of which $227,000,000 is for Overseas
Contingency Operations. Of this amount, the Committee
recommends not to exceed $15,300 for official reception and
representation expenses.
The recommendation level is $270,963,000 above the amount
requested and $39,434,000 below the amount provided in fiscal
year 2013. The Committee's recommendation is $43,963,000 above
the comparable net request for Coast Guard Operating Expenses
when excluding funds provided for overseas contingency
operations.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014
Fiscal year 2013 budget Committee
enacted\1\ request\2\ recommendations
----------------------------------------------------------------------------------------------------------------
Military pay and allowances............................... 3,410,674 3,425,306 3,434,674
Civilian pay and benefits................................. 785,542 784,097 779,320
Training and recruiting................................... 213,900 181,617 199,907
Operating funds and unit level maintenance................ 1,092,449 1,061,567 1,064,361
Centrally managed accounts................................ 350,609 318,856 319,147
Intermediate and depot level maintenance.................. 958,606 983,940 989,137
St. Elizabeths support costs.............................. ................ ................ 12,800
Overseas contingency operations........................... 254,000 ................ 227,000
-----------------------------------------------------
Total, Operating Expenses........................... 7,065,780 6,755,383 7,026,346
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\Excludes a permissive transfer of up to $227,033,000 from ``Operation and Maintenance, Navy'' for overseas
contingency operations.
OVERSEAS CONTINGENCY OPERATIONS
The Committee provides $227,000,000 for Coast Guard
operations in support of overseas contingency operations. While
funding for these activities is requested in the Department of
Defense budget for the Navy, the Committee adopted a practice
beginning in the fiscal year 2009 Supplemental Appropriations
Act to appropriate these amounts directly to the Coast Guard.
The Committee continues this practice and urges the
Administration to budget for Coast Guard overseas contingency
operations under the Department of Homeland Security in future
budget requests. The Coast Guard shall brief the Committee no
later than 30 days after the date of enactment of this act on
any changes expected during fiscal year 2014 or projected
transition costs expected in fiscal year 2015 to support
overseas contingency operations.
OPERATIONAL ENHANCEMENTS
High Endurance Cutters.--The budget request proposes to
decommission two high endurance cutters [HECs] and 368
associated billets. These cutters average 46 years in age and
have become increasingly unreliable. The Committee, however, is
concerned that the decommissioning of two cutters in fiscal
year 2014 would result in a significant cutter hour gap before
new National Security Cutters [NSCs] are delivered to replace
them. To date, four HECs have been decommissioned and the Coast
Guard has delivered three NSCs. The fourth NSC is under
production and scheduled for delivery in late fiscal year 2014
and the fifth NSC is under contract and scheduled for delivery
in fiscal year 2015. Historically, HECs provide the greatest
resource hour contribution to the counterdrug mission, both in
the Eastern Pacific and Western Hemisphere. In fiscal year
2012, the Coast Guard seized 107 metric tons of cocaine, more
than all other Federal agencies combined. The proposed
reduction of two HECs with only one national security cutter
delivered in fiscal year 2014 will result in a diminished
presence and fewer opportunities for interdictions. Therefore,
the recommendation includes an additional $8,000,000 and 184
positions to maintain one of the two HECs proposed to be
decommissioned in the request, saving 1,665 major cutter hours
(3,330 hours annualized) that otherwise would have been cut.
HC-C130H.--The budget request proposes to eliminate two of
the Coast Guard's aging HC-C130H aircraft, resulting in a
reduction of 800 Long Range Surveillance Maritime Patrol
Aircraft [MPA] resources hours in fiscal year 2014 (1,600 hours
annualized). These MPAs support several mission areas for the
Coast Guard, including counter drug, migrant interdiction,
living marine resources, port and coastal security, law
enforcement, and search and rescue. While these aircraft
average 28 years and have become increasingly difficult to
maintain and sustain operationally, the Coast Guard's MPA hour
gap is already 19,000 hours below baseline requirements. The
reduction of these aircraft will also result in reduced support
to the Joint Interagency Task Force--South counter drug
mission. While the Committee has funded a total of four new HC-
130Js in recent years, the first won't be ready for operations
until 2016. Therefore, the recommendation includes an
additional $8,000,000 and 58 positions to maintain these two
aircraft in fiscal year 2014.
Training.--The Committee is concerned with the proposal in
the budget request to reduce funding for training by
$43,200,000 in fiscal year 2014. Coast Guard mission
requirements encompass a diverse set of responsibilities, such
as: search and rescue, drug interdiction, migrant interdiction,
icebreaking, and port security. The men and women of the Coast
Guard depend on tailored attention to their specific
professional development needs in order to perform the
assignments demanded of them by each unique Coast Guard
mission. While budget caps require all agencies to find
efficiencies and cut back on certain programs, this deep cut to
the training budget will result in personnel arriving at new
duty stations without the requisite expertise and skills, will
limit the Coast Guard's capacity to handle a surge in workforce
levels, and will reduce tuition assistance that is used to grow
a highly educated workforce. The recommendation includes an
additional $22,000,000 and 200 positions above the request to
restore the most critical training funds.
FINANCIAL MANAGEMENT OVERSIGHT
The bill includes $29,548,000 for financial systems
modernization to replace the Coast Guard's core accounting
system, which is resource intensive and non-compliant with the
Federal Financial Management Improvement Act of 1996. The Coast
Guard, in tandem with the Office of the Chief Financial
Officer, shall continue to brief the Committee on its efforts
to carry out this migration.
HEADQUARTERS CONSOLIDATION
The bill includes $12,800,000 for costs necessary to
support the Coast Guard at the St. Elizabeths campus, including
requirements for security services and technology integration
operations. Funding for these activities is included in the
Coast Guard instead of Departmental Operations because the
Coast Guard will be the sole tenant at the campus in fiscal
year 2014.
SEXUAL ASSAULT
Like other military branches, the Coast Guard continues to
struggle with sexual assault within its ranks. The Coast Guard
had 141 incident reports of sexual assaults in fiscal year
2012, up from 83 in fiscal year 2011 and 75 in fiscal year
2010. While the Coast Guard has enhanced training and awareness
throughout the service in recent years, much more needs to be
done to prevent and stop these incidents. The Committee notes
that the Coast Guard has just one permanent headquarters staff
billet within the Sexual Assault Prevention and Response [SAPR]
program while the field is served by collateral duty sexual
assault response coordinators. In order to strengthen the Coast
Guard's SAPR program and establish a permanent infrastructure
in the field, the Committee includes $1,000,000 for six
regional coordinators, which will allow for a full range of
prevention strategies to be deployed, establishment of sexual
assault response teams in every region, and additional training
to expand the number of victim advocates across the widely
dispersed population of the Coast Guard.
The Committee also commends the Coast Guard for its
commitment to align its policies to ensure its servicemembers
are afforded the protections provided by the Defense STRONG Act
as enacted by the National Defense Authorization Act for Fiscal
Year 2012, (Public Law 112-81). The Coast Guard shall report to
the Committee on the implementation status of these new
policies within 60 days of the date of enactment of this act.
The Coast Guard shall also provide to the Committee the
annual report required by section 217 of the Coast Guard
Authorization Act of 2010.
HOUSING
The Coast Guard recently completed a National Housing
Assessment of its approximately 4,000 housing units in 128
sites to determine if the inventory is appropriate, assess the
condition of inventory, and to pinpoint key investment
priorities. Overall, the inventory is over 40 years in age on
average, with several maintenance and safety deficiencies at
many locations. The report found that the Coast Guard has the
potential to divest housing in underutilized areas thereby
reducing its inventory and re-focusing its resources on
maintenance at sites found to be in the worst condition and to
invest in remote areas where limited housing is required. For
existing housing, the report emphasized the need to improve
maintenance delivery by establishing regional maintenance
contracts, realign and train existing maintenance personnel,
and strengthen investment above normally programmed resources,
which were found to be insufficient to improve the condition of
remaining housing to satisfactory levels. The Committee
realizes that the issues identified by the report cannot be
resolved overnight, but the Coast Guard must have a
comprehensive plan to tackle these issues in an orderly and
timely manner. The Committee directs the Coast Guard to submit
an annual report with the budget request detailing how the
deficiencies identified in the report have been resolved or
plan to be resolved in the upcoming year. The report shall
include progress made in: resolving housing identified as
inadequate from a health and safety concern; right-sizing the
housing inventory; the development of regional maintenance
contracts; and addressing the need for new housing. Finally,
the report shall also identify how operational maintenance
funds for divested housing are being reinvested into the most
critical housing needs in the remaining inventory.
MINOR SHORE INFRASTRUCTURE
The bill includes long standing bill language to allow
funds from the ``Operating Expenses'' appropriation to be used
for the sustainment, repair, replacement and maintenance of
shore infrastructure, including projects to correct
deficiencies for code compliance or that threaten life, health,
or safety to an amount not exceeding 50 percent of a building's
or structure's replacement value. Additionally, ``Operating
Expenses'' funds are allowed to be used for contingent,
emergent, or other unspecified minor construction projects,
which includes new construction, procurement, development,
conversion, rebuilding, improvement, or an extension of any
facility not exceeding $1,000,000 in total costs at any
location for planned or unplanned operational needs.
Minor construction projects funded from the ``Operating
Expenses'' appropriation can be combined with depot level
maintenance projects for the sake of administrative and
economic efficiency. The Coast Guard is to provide a report to
the Committee not later than 45 days after the date of
enactment of this act detailing such projects and any
sustainment, repair, replacement or maintenance projects over
$1,000,000 for fiscal year 2014. For fiscal year 2015, such
information shall be included in the congressional budget
justification.
SMALL BOATS
The bill includes long standing bill language to allow
funds from the ``Operating Expenses'' appropriation to be used
for the purchase or lease of small boats for contingent and
emergent requirements (at a unit cost of no more than $700,000)
and repairs and service-life replacements. The annual cost of
these activities is capped at $31,000,000. Unlike major
procurements requested in the ``Acquisition, Construction, and
Improvements'' appropriation, the Coast Guard's annual request
for the ``Operating Expenses'' appropriation includes minimal
information about the budget for small boat activities. In
order to gain more clarity on these matters, the Coast Guard is
to provide a report to the Committee no later than 30 days
after the date of enactment of this act detailing planned small
boat purchases, leases, repairs, and service life replacements
for fiscal year 2014. For fiscal year 2015, such information
shall be included in the congressional budget justification.
REPROGRAMMING LIMIT
The budget request included a proposed adjustment to the
Coast Guard's reprogramming limit in order to help with the
internal management of highly volatile expenditures in the
Military Pay and Allowances PPA. A significant portion of the
Coast Guard's Military Pay and Allowances PPA is entitlement
driven, such as allowances for housing, Permanent Change of
Station [PCS] Expenses and Active Duty and Dependent Medical
costs. Actual rates for these costs can vary greatly in the 2
year span between budget formulation and enactment of the Coast
Guard's ``Operating Expenses'' appropriation. Macroeconomic
events, such as medical cost inflation or changes in TRICARE
fees under the National Defense Authorization Act, housing
market trends, and PCS household goods carrier charges can vary
greatly during this time. In addition, payments for PCS moves
are highly dependent on fuel prices. Similar to housing costs,
fuel prices can vary significantly between the time the budget
is formulated and executed.
While the Coast Guard should be making every effort to
implement financial management measures to ensure accurate
budget requests, the Committee understands certain price
adjustments are inevitable that will impact the budget
estimates contained within them. As a result of this
variability, the Coast Guard has found itself in a position
over the past few years with high unobligated balances in its
Military Pay and Allowances PPA with limited flexibility to
reallocate those funds for other worthy activities, such as
depot level maintenance for aging ships and planes or to
sustain operational tempo for Coast Guard missions. To address
this situation, the bill includes a modified version of the
request to enable better stewardship of Federal resources. The
notification requirements contained in section 503 of this act
are to apply to any reprogramming made under this authority.
LEGACY PATROL BOATS
A total of six fast response cutters [FRCs] are funded
within the ``Acquisition, Construction, and Improvements''
appropriation, four boats and $235,000,000 above the request.
This will bring the total amount funded to 30 boats, 12 of
which will be in-service by the end of 2014. FRCs are replacing
aging 110-foot Island Class Patrol Boats, which are already
beyond the end of their projected service lives and very
expensive to maintain. The Committee has learned that two of
these patrol boats have such severe hull deterioration, it has
become cost prohibitive to maintain them beyond fiscal year
2013. Given the fact that the bill increases the number of new
patrol boats by four, providing for 10,000 additional
operational hours, the Committee expects the Coast Guard to
decommission two legacy patrol boats that are in the worst
material condition, achieving savings of $2,763,000.
PUBLIC-PRIVATE HOUSING AUTHORITY
The Committee is aware the public-private authority
provided to the Department of Defense in the National Defense
Authorization Act for Fiscal Year 1996 has resulted in improved
housing for military families. The authority provided allows
the Department to work with the private sector to build and
renovate housing through a variety of financial tools,
including: direct loans, loan guarantees, equity investment and
conveyance or leasing of existing properties and facilities.
The Committee believes similar authorization for the Coast
Guard may benefit the agency and members and families of the
Coast Guard. Therefore, the Committee directs the Secretary to
provide a report to the Committee not later than 90 days after
enactment of this act analyzing the potential benefits of
public-private housing authority for the Coast Guard.
INFRASTRUCTURE AND RESPONSE CAPABILITIES IN THE ARCTIC
The Committee is concerned about the lack of assets
available for the Coast Guard's Arctic mission. No later than
120 days after the date of enactment of this act, the
Commandant is directed to submit a report to the Committee
comparing the costs of facility renovations to homeport and
support an NSC in Alaska with the annual costs of transit time
to Alaska area of operations for deployments and days lost to
casualty repairs.
ARCTIC STRATEGY
The Coast Guard recently released its Arctic Strategy,
which looks at the changing conditions in the region and
contemplates future requirements. The strategy outlines three
broad objectives: improving awareness; modernizing governance;
and broadening partnerships. To carry out these objectives over
the long term, the Coast Guard next needs to develop an
implementation plan, including the identification of necessary
capabilities, requirements, authorities, and resources.
Therefore, the Coast Guard is directed to submit an Arctic
strategy implementation plan no later than 120 days after the
date of enactment of this act.
INTERNATIONAL MARITIME ORGANIZATION
The Committee wants to ensure that as activities in the
Arctic expand, necessary response capabilities exists in the
region. No later than 90 days after the date of enactment of
this act, the Secretary is directed to submit a report to the
Committee on activities that have occurred pursuant to section
307(b) of Public Law 111-281 and how the Department is meeting
the requirements being developed in the agreements envisioned
by that subsection.
COAST GUARD YARD
The Committee recognizes the Coast Guard Yard at Curtis
Bay, Maryland, is a critical component of the Coast Guard's
core logistics capability which directly supports fleet
readiness. The Committee further recognizes the Yard has been a
vital part of the Coast Guard's readiness and infrastructure
for more than 100 years and believes that sufficient industrial
work should be assigned to the Yard to maintain this
capability.
EXECUTIVE TRANSPORTATION AIRCRAFT
The Coast Guard is directed to notify the Committee prior
to making any changes in the type or number of the command and
control aircraft.
COAST GUARD DEFENSE RELATED ACTIVITIES
Since 2001, the Coast Guard has derived $340,000,000
(excluding overseas contingency operations) of its annual
``Operating Expenses'' appropriation for defense related
activities. This number has remained relatively constant for
more than a decade despite the Coast Guard's budget growing by
225 percent over that same period of time. Moreover, all Coast
Guard appropriations play a vital role in ensuring the Service
can execute its defense related missions, yet, only the
``Operating Expenses'' appropriation derives any defense
related funding. The Committee is concerned that this level and
allocation of funding may not adequately reflect the estimated
$800,000,000 or more the Coast Guard spends annually to meet
its defense related missions. The Committee directs the Coast
Guard to provide an analysis of all defense related expenses
within its appropriations, using the April 1998 GAO Report on
U.S. Coast Guard Use of DOD Funds for National Security
Functions as the basis for defining National Security
Functions. The report should identify the current allocation of
the $340,000,000 within the ``Operating Expenses''
appropriation, shortfalls between that amount and amounts
actually spent for defense related activities, and any defense
related costs being incurred by other Coast Guard
appropriations. The results of the analysis are to be shared
with the House and Senate Committees on Budget, the
Congressional Budget Office, and the Office of Management and
Budget, no later than November 1, 2013. The results shall also
be reflected in the President's budget submission for fiscal
year 2015.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2013\1\................................. $13,134,000
Budget estimate, 2014................................... 13,187,000
House allowance......................................... 13,164,000
Committee recommendation................................ 13,165,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Environmental Compliance and Restoration account
provides funds to address environmental problems at former and
current Coast Guard units as required by applicable Federal,
State, and local environmental laws and regulations. Planned
expenditures for these funds include major upgrades to
petroleum and regulated substance storage tanks, restoration of
contaminated ground water and soils, remediation efforts at
hazardous substance disposal sites, and initial site surveys
and actions necessary to bring Coast Guard shore facilities and
vessels into compliance with environmental laws and
regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $13,165,000 for Environmental
Compliance and Restoration activities. This is $22,000 below
the amount requested and $31,000 above the amount provided in
fiscal year 2013.
The Coast Guard is directed to include in its annual budget
justification a listing of the activities projected to be
funded by the amount requested under this heading and an
updated backlog report for Environmental Compliance and
Restoration projects, with an explanation of how the amount
requested will impact this documented backlog.
RESERVE TRAINING
Appropriations, 2013\1\................................. $132,353,000
Budget estimate, 2014................................... 109,543,000
House allowance......................................... 112,991,000
Committee recommendation................................ 122,491,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Reserve Training 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.
COMMITTEE RECOMMENDATIONS
The Committee recommends $122,491,000 for Reserve Training.
This is $12,948,000 above the amount requested and $9,862,000
below the amount provided in fiscal year 2013.
The budget request includes a reduction of $24,735,000 and
the transfer of 1,050 drilling Selected Reservist positions to
the Inactive Ready Reserve, which would result in the smallest
Coast Guard Reserve force since 1957. If enacted, the reduction
would impact the Coast Guard's ability to respond to major
events, such as a hurricane, mass migration, oil spill, or
earthquake. At the requested funding levels, certain
specialized reserve forces would not be able to drill as
frequently, impacting proficiency. Therefore, the Committee
recommendation includes $13,000,000 above the request to
restore 600 reservists to active status, which will enable the
Coast Guard to retain the majority of the first responders
proposed for reduction, such as boat coxswains, law enforcement
personnel, and pollution response technicians.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2013\1\\2\.............................. $1,817,586,000
Budget estimate, 2014................................... 951,116,000
House allowance......................................... 1,222,712,000
Committee recommendation................................ 1,229,684,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Includes emergency funding of $274,233,000 in the Disaster Relief
Appropriations Act, 2013 (division A of Public Law 113-2).
Funding in this account supports the Acquisition,
Construction, and Improvement [AC&I] of vessels, aircraft,
information management resources, shore facilities, aids to
navigation, and military housing required to execute the Coast
Guard's missions and achieve its performance goals.
Vessels.--The vessel program provides funding to
recapitalize and/or improve the Coast Guard's fleet of aging
boats and cutters.
Aircraft.--The aircraft program is the primary
recapitalization and sustainment effort for the Coast Guard's
aging aircraft.
Other Equipment.--The Coast Guard invests in numerous
management information and decision support systems that will
result in increased efficiencies, including Rescue 21 (formerly
the National Distress and Response System Modernization
Project), and the Nationwide Automatic Identification System.
Shore Facilities and Aids to Navigation.--The Coast Guard
invests in the acquisition, construction, rebuilding, and
improvement of shore facilities, aids to navigation, and
related equipment.
Military Housing.--The Coast Guard invests in Military
Housing facilities to ensure military members have access to
housing in areas where there is a lack of affordable
accommodations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,229,684,000 for Acquisition,
Construction, and Improvements, including $20,000,000 from the
Oil Spill Liability Trust Fund. This is $278,568,000 above the
amount requested and $587,902,000 below the amount provided in
fiscal year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
Survey and Design--Vessel and Boats.................. $2,497 $1,000 $1,000
Response Boat Medium................................. 7,989 ................ 10,000
In-Service Cutter Sustainment........................ ................ 21,000 21,000
National Security Cutter............................. 678,404 616,000 632,000
Offshore Patrol Cutter............................... 29,960 25,000 25,000
Fast Response Cutter................................. 334,558 75,000 310,000
Cutter Boats......................................... 3,995 3,000 3,000
Medium Endurance Cutter Sustainment.................. 15,979 ................ .................
Polar Icebreaking Vessel............................. 7,989 2,000 2,000
------------------------------------------------------
Subtotal, Vessels.................................. 1,081,371 743,000 1,004,000
======================================================
Aircraft:
CGNR 6017 Airframe Replacement....................... 13,982 ................ .................
Maritime Patrol Aircraft............................. 54,927 ................ .................
Long Range Surveillance Aircraft..................... 89,881 16,000 16,000
HH-65 Conversion/Sustainment Projects................ 31,458 12,000 12,000
------------------------------------------------------
Subtotal, Aircraft................................. 190,248 28,000 28,000
======================================================
Other Acquisition Programs:
Program Oversight and Management..................... 14,980 10,000 10,000
Systems Engineering and Integration.................. ................ 204 204
C4ISR................................................ 40,447 35,226 35,226
CG-Logistics Information Management System [CG-LIMS] 2,497 1,500 1,500
National Automatic Identification System............. 5,992 13,000 13,000
------------------------------------------------------
Subtotal, Other Acquisition Programs............... 63,916 59,930 59,930
======================================================
Shore Facilities and Aids to Navigation:
Major Construction, ATON, and Survey and Design...... 29,960 2,000 2,000
Major Acquisition Systems Infrastructure............. 49,346 ................ .................
Minor Shore.......................................... 4,993 3,000 3,000
------------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation.. 84,299 5,000 5,000
======================================================
Military Housing......................................... 9,987 ................ 18,000
Personnel and Related Support:
Direct Personnel Costs............................... 112,933 114,747 114,315
Core Acquisition Costs............................... 599 439 439
------------------------------------------------------
Subtotal, Personnel and Related Support............ 113,532 115,186 114,754
======================================================
Emergency Appropriations (Public Law 113-2).............. 274,233 ................ .................
------------------------------------------------------
Total, Acquisition, Construction, and Improvements. 1,817,586 951,116 1,229,684
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
CAPITAL INVESTMENT PLAN
The Capital Investment Plan [CIP] is essential for the
Committee to carry out its oversight function of the Coast
Guard, especially at a time when recapitalization of aging
assets has become so critical for the service. All of the
information required by the Committee is in accordance with the
Coast Guard's Major Systems Acquisition Manual and applicable
Department of Homeland Security management directives. The
fiscal year 2015-2019 plan is to be submitted with the fiscal
year 2015 congressional justification. To encourage a timely
submission, the Committee has withheld $75,000,000 from the
Headquarters Directorate of the Coast Guard. This withholding
also reflects the Committee's disappointment that the Coast
Guard did not comply with all statutory requirements in its
submission of the 2014-2018 CIP. Of note, while the CIP
submitted with the fiscal year 2013 budget request anticipated
acquisition expenditures totaling $1,429,485,000; with the
submission of the fiscal year 2014 budget request, these
expenditures decreased by $478,369,000. The ramifications of
these types of budgetary swings are far reaching. The current
plan failed to explain any deviations in cost, performance
parameters, schedule, or estimated date of completion from the
original acquisition program to the current plan. The Coast
Guard needs to make every effort to clearly identify which
procurements will be delayed or scaled back, which ones will be
canceled, which ones will remain on track, and the impact these
decisions have on extending the service life of the Coast
Guard's already aging and unreliable fleet and shore
facilities. The Committee expects this level of transparency in
the CIP accompanying the fiscal year 2015 budget request.
ACQUISITION PORTFOLIO REVIEW
The fiscal year 2014 CIP that was submitted to the
Committee on April 19, 2013, calls for a radical change to
Coast Guard recapitalization efforts in future years. The
funding levels suggested in the plan would decrease the number
of fast response cutters to a level that jeopardizes the
program, stop the acquisition of new aircraft, delay completion
of the offshore patrol cutter, put the acquisition of a new
polar icebreaker at risk, and scale back investment in
deteriorating shore facilities. If enacted, this investment
plan would have dire consequences on the Coast Guard's ability
to carry out its missions, such as: interdicting drugs in the
transit zone; managing a mass migration event; responding to
oil spills; fisheries enforcement; and the need to increase
U.S. presence in the Arctic. The CIP states that DHS will
conduct a comprehensive portfolio review in 2013 that will help
develop revised acquisition program baselines and direct key
acquisition decision events to reflect acquisition priorities
and operational requirements achievable within the funding
projections contained in the fiscal year 2014 CIP. A major flaw
in the fiscal year 2014 CIP is the Department's conclusion that
the funding levels it contains for the ``Acquisition,
Construction, and Improvements'' appropriation are consistent
with the pre-sequester caps imposed on discretionary budget
authority through 2021 under the Budget Control Act of 2011.
The reality is that the fiscal year 2014 budget request for the
``Acquisition, Construction, and Improvements'' appropriation
is 38 percent below the fiscal year 2013 enacted level, after
factoring out emergency supplemental funding, while total
discretionary spending under the Budget Control Act of 2011
increases by 1.4 percent between fiscal year 2013 and fiscal
year 2014. In conducting the portfolio review described in the
CIP, the Department shall use more appropriate outyear funding
levels that are reflective of the fiscal year 2013 enacted
level for the ``Acquisition, Construction, and Improvements''
appropriation, as adjusted by the pre-sequester caps set in the
Budget Control Act of 2011. Finally, the review is to include
acquisition cost, asset capability and quantity tradeoffs, and
the overall impact to the Coast Guard's ability to carry out
all of its statutory missions. The results of the review shall
be validated by an independent third party selected by the
Secretary and the Commandant to ensure that a realistic budget
outlook does not censor necessary data on mission needs and
tradeoffs. The report by the independent third party shall be
provided to the Committee in conjunction with the President's
fiscal year 2015 budget request.
QUARTERLY ACQUISITION BRIEFINGS
The Coast Guard is to continue quarterly briefings on all
major acquisitions. In addition to the information normally
provided for each asset, these briefings shall include: the top
five risks for each acquisition, if applicable, consistent with
those on the risk watch list in quarterly program manager
reports, and if the risks have future budget implications; the
objective for operational hours the Coast Guard expects to
achieve; the gap between that objective, current capabilities,
and stated mission requirements; and how the acquisition of the
specific asset closes the gap. The information presented at
these briefings shall also include a discussion of how the
Coast Guard calculated the operational hours, an explanation on
risks to mission performance associated with the current
shortfall, and the operational strategy to mitigate such risks.
Finally, the briefings are to include a status chart on all
shore construction projects that have not been completed. For
each construction project, the chart is to include the funding
status, design status, and procurement and construction status.
RESPONSE BOAT-MEDIUM
The Committee recommends $10,000,000 for the Response Boat-
Medium [RB-M] acquisition. The Committee disagrees with the
request to end RB-M production 10 boats short of the 180 boats
required to complete the program. The RB-Ms are meeting or
exceeding all performance expectations; and there is a
demonstrated requirement for the remaining boats. To date, 128
RB-Ms have been delivered on time and on budget. These funds
will allow the Coast Guard to purchase 4 RB-Ms in fiscal year
2014, bringing the total funded to 174 of the required 180
boats. The RB-M is a critical asset for the Coast Guard to
replace aging 41-foot Utility Boats that are less able to
handle Coast Guard mission requirements, particularly maritime
security requirements that have changed significantly since
September 11, 2001. With the acquisition of RB-Ms, the Coast
Guard will be able to perform its duties more efficiently by
allowing crews, for example, to be onsite to a rescue more
quickly. The RB-Ms serve as an ideal platform for search and
rescue; ports, waterways, and coastal security; drug
interdiction; and migrant interdiction. Further, the RB-M
supports marine safety, aids to navigation, marine
environmental protection, and defense readiness missions.
IN-SERVICE CUTTER SUSTAINMENT
The bill includes $21,000,000, as requested, to continue
in-service sustainment efforts for the 140-icebreaking tugs,
begin mid-life service sustainment of the 225-foot ocean-going
buoy tender, and fund the first of four phases of the CGC EAGLE
service life extension. Given the success of the Mission
Effectiveness Projects for the medium endurance cutters and the
110-foot patrol boats at the Coast Guard Yard, the Committee
expects the Coast Guard to direct sustainment work on all aging
vessels there when geographically feasible.
NATIONAL SECURITY CUTTER
The Coast Guard operates a fleet of 378-foot high endurance
cutters [HECs] that are over 43 years old on average, and are
increasingly unreliable and expensive to maintain. By
comparison, the average Navy ship is 20 years old. The Coast
Guard's program of record is to acquire 8 national security
cutters [NSCs] to replace 12 HECs (of which 3 have been
decommissioned with the arrival of the first 3 NSCs). To date,
approximately $3,848,000,000 has been appropriated for six NSCs
and long lead time materials [LLTM] for NSC-7. Three NSCs have
been delivered to the Coast Guard, the fourth is expected to be
delivered in fiscal year 2014, the fifth in fiscal year 2015,
and the sixth in 2017.
As noted in prior years, the Committee strongly supports
the procurement of one national security cutter per year until
all eight planned ships are procured. The continuation of
production without a break will ensure that these ships, which
are vital to the Coast Guard's mission, are procured at the
lowest cost, and that they enter the Coast Guard fleet as soon
as possible. The Committee is concerned that the
Administration's current acquisition policy requires the Coast
Guard to attain total acquisition cost for a vessel, including
long lead time materials, production costs, and post-production
costs, before a production contract can be awarded. This has
the potential to create shipbuilding inefficiencies, force
delayed obligation of production funds, and require
postproduction funds far in advance of when they will be used.
As an example of such inefficiency, the fiscal year 2013 budget
request proposed a rescission and reappropriation of
$25,000,000 in funds previously appropriated for NSC-4 post-
production that would have expired before they could be spent.
The Department should be in a position to acquire NSCs in the
most efficient manner within the guidelines of strict
governance measures. Therefore, the Committee includes language
in the bill specifying that funds made available by this act
shall be available to contract for long lead time materials for
Coast Guard vessels, notwithstanding the availability of funds
for production costs or post-production costs.
For NSC-7, the Committee includes $12,000,000 for Segment 2
of LLTM. The Committee recommendation also includes
$540,000,000, as requested, for production and $3,000,000 for
post-production costs. Funding for post-production costs is
$61,000,000 below the request due to the fact that these funds
are not necessary until fiscal years 2016 through 2018.
The request includes no funding for LLTM for NSC-8. The
Committee disagrees with this proposal. Procuring these
materials in advance will save substantial time and money by
ensuring that supplies and components that require a long time
to obtain are available to the manufacturer when they are
needed. By providing LLTM for NSC-6 in advance, the Coast Guard
was able to save $30,000,000 in the total cost of the ship.
Therefore the bill includes $77,000,000 for LLTM for NSC-8.
According to the Department, this will accelerate the
production schedule for the cutter and result in direct savings
of up to $40,000,000 compared to delaying long lead acquisition
to fiscal year 2015.
FAST RESPONSE CUTTER
The Committee recommends $310,000,000 for the Coast Guard's
Fast Response Cutter [FRC]. This funding will allow the Coast
Guard to acquire six FRC hulls (25-30). Procuring six FRCs in
fiscal year 2014 will maximize the production line and generate
cost savings of at least $5,000,000 per hull for a total
savings to the taxpayers of $30,000,000. Funding six boats
instead of two will also allow the Coast Guard to advance the
replacement of the aging 110-foot island class patrol boats,
which are already beyond the end of their projected service
lives and very expensive to maintain. Each FRC will provide
2,500 annual operating hours and improved sea keeping ability,
resulting in better habitability and full-mission capability in
higher sea states.
OFFSHORE PATROL CUTTER
The recommendation includes $25,000,000 for the Offshore
Patrol Cutter [OPC], as requested. Funding is provided for pre-
acquisition design work of the OPC, which is intended to
replace the Coast Guard's aging fleet of medium endurance
cutters. The Coast Guard expects to award preliminary and
contract designs to three competing contractors in fiscal year
2013. A final detailed design and construction award is
expected in fiscal year 2016.
The OPC's initial capabilities to control and direct
aircraft as well as execute interdiction missions should, to
the maximum extent feasible, be equivalent to that of the NSC
to facilitate maximum savings to the Federal Government, rather
than being deferred to future upgrades that add to total cost
of ownership. The Committee urges the Coast Guard to maximize,
to the greatest extent practicable, such systems' commonality
between the OPC and the NSC to reduce total acquisition cost
and lifecycle costs facilitated by savings in life cycle
logistics management, integration costs, and personnel training
efficiencies.
POLAR ICEBREAKER
The recommendation includes $2,000,000, as requested, to
continue survey and design activities for a new Coast Guard
polar icebreaker.
The Committee notes that the Coast Guard's High Latitude
Study calls for a minimum of three new heavy polar icebreakers.
Currently, the service only has one working icebreaker, the
Healy, which is a medium service ship that is used primarily
for scientific missions in the Arctic. One of the Coast Guard's
two heavy icebreakers, the 37 year-old Polar Star, is being
refurbished and reactivated in fiscal year 2013 to provide
capability for another 7 to 10 years. The service's other heavy
icebreaker, the 35-year-old Polar Sea, is out of service based
on its mechanical state and cost to repair.
The Coast Guard estimates that construction of a new
icebreaker will not be completed until 2024 and that the vessel
will not be fully ready for operations until 2026 or 2027.
Given the importance of this polar icebreaking capacity to
facilitate Arctic shipping, fisheries, and energy development
in the United States, the Coast Guard must accelerate the
development of operational requirements for the vessel, ensure
the capacity and viability of the industrial base, and explore
alternative acquisition strategies that may be more expeditious
and cost effective, including the use of parent-craft designs
or leasing options, to support this critical mission
requirement.
The Coast Guard's Alternatives Analysis for the acquisition
of a heavy polar icebreaker is to include: (1) an examination
of existing heavy polar icebreaker parent craft designs that
could potentially be utilized; (2) specific recommendations to
expedite the acquisition schedule; and (3) an updated
budgetary, market, operational, and legal analysis of
alternative acquisition arrangements for a heavy polar
icebreaker, including various forms of vessel leasing such as
those used by the United States Navy, the National Science
Foundation, other Federal agencies, and the domestic maritime
industry. The report shall include a consideration of pre-
determined, fixed-price, long-term leasing arrangements, demise
charters, and contractor-owned, contractor-operated charters,
as well as the use of appropriate contract incentives and
penalties that have the potential to expedite construction
while ensuring vessel performance and durability. The report
shall also include an examination of potential costs and
savings to the Federal Government over the next 10, 20, and 30
year periods using various types of leasing arrangements as
compared to a Government owned vessel, including potential
savings that may result from contractor assumption of financial
responsibility for maintenance costs (at the Coast Guard's
direction) and potential savings that may result from
contractor assumption of personnel costs for certain positions
that do not exercise any combat or law enforcement functions
(including associated savings to the Federal Government from
reduced training requirements). The Alternatives Analysis is to
be submitted to the Committee not later than 15 days after it
is completed.
UNMANNED AIRCRAFT SYSTEMS
The Committee is aware of efforts by the Coast Guard to
evaluate both ship-based and land-based unmanned aircraft
systems [UAS] for mission requirements. Both platforms have the
potential to enhance the Coast Guard's capability to execute
statutory requirements in the maritime domain. The Coast Guard
has reported to the Committee that its long standing plan to
add vertical take-off unmanned aircraft systems to National
Security Cutters would result in an estimated 95- to 225-
percent increase in surveillance coverage within an 80 nautical
mile radius of the cutter and an estimated 95-percent increase
in the number of prosecutions achieved by the cutter. The
Committee continues to be very supportive of the use of
vertical take-off UAS aboard Coast Guard cutters and strongly
encourages the Coast Guard to ensure that the testing and
evaluation schedule is not delayed for this enhanced
surveillance capability.
The Coast Guard continues to pursue a small UAS [sUAS] as
an interim capability for the NSC. Demonstrations are planned
in 2013 and 2014 to evaluate its usefulness in sending data
from the sUAS sensors to the NSC. The Coast Guard is to keep
the Committee apprised of its efforts for vertical take-off
UAS, sUAS, and land-based UAS development.
SHORE FACILITIES AND AIDS TO NAVIGATION
The Committee recommends $5,000,000 for shore facilities
and aids to navigation, as requested. The Coast Guard's CIP for
fiscal year 2015-2019 shall include a better explanation of the
construction projects identified for funding, including:
identification of each project to be funded in each fiscal
year; an estimate for construction, design, planning, and
project management for each project; and a schedule to complete
the project.
COAST GUARD MILITARY HOUSING
The Committee provides $18,000,000 above the request for
the recapitalization, improvement, and acquisition of housing
to support military families. Of this amount, $349,996 is
derived from the Coast Guard Housing Fund. The Coast Guard
shall provide an expenditure plan to the Committee for these
funds in the shore facilities report required 45 days after the
date of enactment of this act.
AC&I PERSONNEL
The Committee provides $114,754,000 for personnel and
related support, as requested.
UNFUNDED PRIORITIES
The Committee directs the Commandant to provide to the
Congress, at the time of the President's budget submission, a
list of approved but unfunded Coast Guard priorities and the
funds needed for each.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriations, 2013\1\................................. $19,664,000
Budget estimate, 2014................................... 19,856,000
House allowance......................................... 9,928,000
Committee recommendation................................ 19,781,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Coast Guard's Research and Development program develops
techniques, methods, hardware, and systems that directly
contribute to increasing the productivity and effectiveness of
the Coast Guard's operating missions. This account provides
funds to operate and maintain the Coast Guard Research and
Development Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $19,781,000 for the Coast Guard's
Research, Development, Test, and Evaluation activities. This is
$75,000 below the amount requested and $117,000 above the
amount provided in fiscal year 2013.
The Deepwater Horizon oil spill highlighted the need for
improved basic oceanographic research and the research and
development of new oil spill response and removal technologies.
The Committee believes that innovative technologies, such an
unmanned maritime vehicles [UMVs], can improve prediction
accuracy for oil spill response efforts through better
trajectory models, provide real-time data telemetry, and reduce
operational response costs. Of the funds available for
``Research, Development, Testing, and Evaluation,'' the
Committee directs the Commandant to study the viability and
applicability of persistent UMVs and other cost-saving maritime
technologies through a competitive process. This assessment
should consider technologies that complement and enhance the
Coast Guard's marine environmental protection capabilities, and
emphasis shall be given to technologies which also have
potential applications for other Coast Guard missions, such as
search and rescue; port, waterways, and coastal security;
marine debris removal; drug interdiction; and migrant
interdiction.
RETIRED PAY
Appropriations, 2013.................................... $1,423,000,000
Budget estimate, 2014................................... 1,460,000,000
House allowance......................................... 1,460,000,000
Committee recommendation................................ 1,460,000,000
This account provides for the retired pay of military
personnel of the Coast Guard and Coast Guard Reserve, members
of the former Lighthouse Service, and for annuities payable to
beneficiaries of retired military personnel under the retired
serviceman's family protection plan (10 U.S.C. 1431-1446) and
survivor benefit plan (10 U.S.C. 1447-1455); payments for
career status bonuses under the National Defense Authorization
Act; and payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C., ch. 55).
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,460,000,000 for Retired Pay.
This is the same amount as requested and $37,000,000 above the
amount provided in fiscal year 2013.
United States Secret Service
SALARIES AND EXPENSES
Appropriations, 2013\1\\2\.............................. $1,554,161,000
Budget estimate, 2014................................... 1,494,614,000
House allowance......................................... 1,534,589,000
Committee recommendation................................ 1,529,902,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Includes emergency funding of $300,000 in the Disaster Relief
Appropriations Act, 2013 (division A of Public Law 113-2).
The United States Secret Service's [USSS] Salaries and
Expenses appropriation provides funds for the security of the
President, the Vice President, and other dignitaries and
designated individuals; for enforcement of laws relating to
obligations and securities of the United States and laws
relating to financial crimes, 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; and
for protection of the White House and other buildings within
the Washington, DC, metropolitan area. The agency also provides
support for investigations related to missing and exploited
children.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,529,902,000 for Salaries and
Expenses. This is $35,288,000 above the amount requested and
$24,259,000 below the amount provided in fiscal year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
UNITED STATES SECRET SERVICE--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2013 2014 budget Committee
enacted\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Protection:
Protection of persons and facilities....................... 854,107 822,591 846,662
Protective intelligence activities......................... 68,035 67,782 67,165
National Special Security Event Fund....................... 4,494 4,500 4,500
Presidential candidate nominee protection.................. 57,884 .............. ...............
White House mail screening\2\.............................. .............. 18,487 ...............
------------------------------------------------
Subtotal, Protection..................................... 984,520 913,360 918,327
================================================
Investigations:
Domestic field operations.................................. 299,295 259,465 327,297
International field office administration, operations, and 30,930 30,958 30,811
train- ing...............................................
Electronic crimes special agent program and electronic .............. 56,968 ...............
crimes task forces\3\.....................................
Support for missing and exploited children................. 8,355 .............. 8,366
------------------------------------------------
Subtotal, Investigations................................. 338,580 347,391 366,474
================================================
Headquarters, management, and administration................... 174,104 177,282 188,964
Training: Rowley Training Center............................... 55,525 55,552 55,118
Information Integration and Technology Transformation.......... 1,132 1,029 1,019
Emergency Appropriations (Public Law 113-2).................... 300 .............. ...............
------------------------------------------------
Total, Salaries and expenses............................. 1,554,161 1,494,614 1,529,902
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\Funded under ``Protection of Persons and Facilities''.
\3\Funded under ``Domestic Field Operations''.
SECRET SERVICE ACTIVITIES
The Committee fully funds the request for protection of
persons and facilities, protective intelligence, and
investigations. The Committee also fully funds the White House
mail screening and the electronic crimes special agent program
and electronic task force activities, but has moved the funds
to the Protection of Persons and Facilities and Domestic Field
Operations PPAs, respectively, consistent with the structure of
the Department of Homeland Security Appropriations Act, 2013.
The President's budget proposed unacceptable cuts which
would have a severely detrimental impact on the Secret
Service's protection and investigation missions, as well as on
agents and officers themselves. Included in the amount
recommended for Protection of Persons and Facilities is
$12,000,000 above the request and for Domestic Field Operations
is $8,600,000 above the request to restore funding for critical
Secret Service staffing. Additionally the bill includes
$3,400,000 above the request for Headquarters, Management, and
Administration to restore critical staffing and $9,600,000
above the request for permanent change of station costs to
ensure proper rotations of agents between the protective and
investigative missions. This restoration will have a direct
positive impact on agent safety.
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. For
more than two decades, the Secret Service has provided funding
for grants as well as computer forensic support to NCMEC. In
fiscal year 2012, the $6,000,000 in grant funds provided to
NCMEC constituted 12 percent of the Center's budget. Since
1997, the Secret Service has assisted NCMEC by opening 2,320
investigative cases throughout the Secret Services field
offices. These cases resulted in 982 arrests of child predators
and others, helped parents fingerprint and/or photograph more
than 112,000 children through its Operation Safe Kids program,
and completed 2,193 forensic/computer examinations for
investigations involving missing and exploited children.
For fiscal year 2014, the Committee recommends $6,000,000
for grants in support of missing and exploited children and
expects USSS to sustain forensic support at the fiscal year
2013 level of $2,366,000.
NATIONAL SPECIAL SECURITY EVENTS
The Committee recommends $4,500,000, as requested, for
support to currently planned and unanticipated National Special
Security Events [NSSEs] for fiscal year 2014. The Committee
directs the USSS to provide semiannual briefings on the use of
these funds, with the first briefing to occur not later than
April 15, 2014. Also included in the bill is a general
provision that states that none of the funds in this act may be
used to reimburse any Federal department or agency for its
participation in an NSSE.
PROTECTIVE ACTIVITIES AND DOMESTIC INVESTIGATIONS
The President's request includes modest increases for
cybersecurity presidential protection measures and security
enhancements for the White House complex. Additionally, while
proposing a slight reduction to operational mission support,
funding for these activities remain fairly robust. The
Committee directs the Secret Service to provide a briefing on
progress made in each of these areas not later than 180 days
after the date of enactment of this act.
STATE AND LOCAL CYBERCRIME TRAINING
The Committee recognizes the continuously changing nature
of computer forensics and with that the need for evolving
training at the State and local level, where 95 percent of
criminal cases are investigated and prosecuted. The training
provided by the Secret Service has proven invaluable to State
and local law enforcement, prosecutors, and judges. The
Committee also recognizes the growing positive training and
educational relationship developed between the Secret Service
and the Federal Bureau of Investigation. The Committee
recommends that the Secret Service continue to robustly support
this training and expand the number of people trained as well
as the number of classes to address emerging areas of concern.
These ongoing activities are achieving real results and the
Committee includes $6,000,000 to continue this activity within
the Secret Service rather than at the Federal Law Enforcement
Training Center, as was proposed in the budget request.
Further, the Committee directs the Secret Service to continue
coordinating with the National Protection and Programs
Directorate 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.
INFORMATION INTEGRATION AND TECHNOLOGY TRANSFORMATION
The Committee notes the Secret Service, working closely
with the DHS Chief Information Officer [CIO], has made great
strides in implementing its information technology program and
ensuring its modernization activities are consistent with the
Department's guidance. The Committee discontinues its
withholding of funds requirement and directs the Secret Service
to brief the Committee on its ongoing progress with the DHS CIO
not later than 90 days after the date of enactment of this act.
The Committee also directs the USSS to provide greater
detail in the justifications accompanying the fiscal year 2015
budget request on all USSS information technology activities.
INTERNATIONAL ACTIVITIES
The Committee provided resources to support the opening of
new international field offices in Lima, Peru, and Beijing,
China, to stem counterfeiting activity and better facilitate
protectee travel. The Committee also notes that ongoing
cooperation with law enforcement officials in Colombia, Peru,
and elsewhere is demonstrating continued success in suppressing
counterfeiting operations around the world. For instance, in
April of this year, Secret Service agents assisted their
Peruvian National Police counterparts in seizing two commercial
grade offset printing presses, one commercial grade plate
burner, over 105 printing plates bearing counterfeit images of
U.S. currency, original plates and transparencies for the 25198
Peruvian Note, miscellaneous paraphernalia used in the printing
of counterfeit currency, $5,600,000 in uncut sheets of
counterfeit $100 and $10 U.S. Federal Reserve Notes, and
$10,400,000 in counterfeit Peruvian currency. The Secret
Service shall keep the Committee regularly apprised of its
major international activities.
REPROGRAMMING THRESHOLDS
Statutory language is included in the bill setting a higher
threshold for the reprogramming of funds in section 503 of this
act to accommodate unanticipated shifts in funding requirements
for protection and investigation activities.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2013\1\................................. $56,675,000
Budget estimate, 2014................................... 51,775,000
House allowance......................................... 51,775,000
Committee recommendation................................ 51,775,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
This appropriation provides funding for security upgrades
of existing facilities; for information integration and
technology transformation [IITT]; to continue development of
the current master plan; to maintain and renovate existing
facilities, including the James J. Rowley Training Center
[Center]; and to ensure efficient and full utilization of the
Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $51,775,000, as requested, for
infrastructure improvements, IITT, and other activities. This
is $4,900,000 below the amount provided in fiscal year 2013. Of
this amount, $5,380,000 is for facilities and $46,395,000 is
for information integration and technology transformation.
The Secret Service is directed to submit a multiyear
investment and management plan for its Information Integration
and Technology Transformation program for fiscal years 2014
through 2017.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
The National Protection and Programs Directorate aims to
foster better integration of national approaches between
strategic homeland security programs, facilitate infrastructure
protection, ensure broad emergency communications capabilities,
and ensure the protection of Federal buildings and facilities.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2013 2014 budget Committee
enacted\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Management and administration................................ 50,154 64,725 59,523
Infrastructure protection and information security:
Infrastructure protection................................ 260,050 260,950 273,214
Cybersecurity............................................ 755,830 810,409 803,827
Communications........................................... 140,124 130,635 131,959
--------------------------------------------------
Subtotal, Infrastructure protection and information 1,156,004 1,201,994 1,209,000
security..............................................
==================================================
Federal Protective Service................................... 1,301,824 1,301,824 1,301,824
Office of Biometric Identity Management...................... 232,115 (\2\) 205,967
--------------------------------------------------
Total, National Protection and Programs Directorate 2,740,097 2,568,543 2,776,314
(gross)...............................................
==================================================
Offsetting fee collections................................... -1,301,824 -1,301,824 -1,301,824
--------------------------------------------------
Total, National Protection and Programs Directorate 1,438,273 1,266,719 1,474,490
(net).................................................
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\Funding requested under title II, in U.S. Customs and Border Protection ``Salaries and Expenses'' as US-
VISIT.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2013\1\................................. $50,154,000
Budget estimate, 2014................................... 64,725,000
House allowance......................................... 50,522,000
Committee recommendation................................ 59,523,000
\1\Does not reflect the March l, 2013, sequester of funds under Public
Law 112-25.
This account funds salaries and expenses for the Office of
the Under Secretary, which oversees all activities of the
National Protection and Programs Directorate [NPPD]. This
account also funds business operations and information
technology support services.
COMMITTEE RECOMMENDATIONS
The Committee recommends $59,523,000 for Management and
Administration, $5,202,000 below the amount requested and
$9,369,000 above the amount provided in fiscal year 2013. The
budget request proposed an increase of $14,571,000 over the
fiscal year 2013 level to respond to increased needs in
management functions such as budget, finance, and acquisitions;
human resource management; and civil rights and civil liberties
services. An increase is also requested for facility costs.
According to NPPD, while the mission responsibilities and
number of FTE have grown substantially, management and
administration funding has shrunk from 4.21 percent in fiscal
year 2008 to 1.84 percent in 2012. This puts the Directorate at
risk for failing to complete effective acquisition, efficient
information technology procurement, timely hiring, and proper
oversight of privacy civil rights and civil liberties for
serious missions such as cybersecurity, law enforcement, and
infrastructure protection. This also puts taxpayers'
investments at an unacceptable level of risk. Unfortunately,
the request for additional resources comes at a time when
budget pressures require tightening of the administrative belt,
not expansion. The Committee therefore provides a portion of
the additional resources and directs NPPD to target the
increases only to actions that will ensure wise management of
resources and protection against misuse of Federal funds. NPPD
shall brief the Committee within 60 days after the date of
enactment of this act on the expenditure plan. The briefing
shall include a clear description of how the investment will
protect taxpayer investment in the NPPD mission.
The Committee notes that NPPD submitted an addendum to the
budget request to restructure the PPA lines for
``Infrastructure Protection and Information Security'' and
understands the intent behind the realignment of resources is
to promote better program management. Given the delay in
finalizing the Department of Homeland Security Appropriations
Act, 2013, the belated delivery of the fiscal year 2014
President's budget request, and the uncertainty of
sequestration, the Committee recommendation does not include
such a realignment. NPPD is encouraged to submit a report to
the Committee realigning resources, in the same format as
proposed, using funding levels recommended to date by both the
House of Representatives and the United States Senate, for
potential use in future congressional action. The report should
also include a 5-year history reflecting the realignment which
will further assist the Committee in transparently
demonstrating resources provided.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
Appropriations, 2013\1\................................. $1,156,004,000
Budget estimate, 2014................................... 1,201,994,000
House allowance......................................... 1,176,629,000
Committee recommendation................................ 1,209,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
Infrastructure Protection and Information Security [IPIS]
programs assist the entities and people responsible for
securing the Nation's critical infrastructure assets. In
addition, IPIS supports collaborative efforts with State,
local, public, private, and international entities to secure
cyberspace and U.S. cyber assets, and reduce the vulnerability
of the Nation's telecommunications and information technology
infrastructures.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$1,209,000,000 for Infrastructure Protection and Information
Security programs, $7,006,000 above the amount requested and
$52,996,000 above the amount provided in fiscal year 2013. The
following table summarizes the Committee's recommendations as
compared to the fiscal year 2013 and budget request levels:
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2013 2014 budget Committee
enacted\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Infrastructure protection and information security:
Infrastructure protection:
Infrastructure analysis and planning................... 58,891 57,975 66,134
Sector management and governance....................... 66,973 60,477 64,988
Regional field operations.............................. 56,344 56,708 56,550
Infrastructure security compliance..................... 77,842 85,790 85,542
------------------------------------------------
Subtotal, Infrastructure protection.................. 260,050 260,950 273,214
================================================
Cybersecurity and communications:
Cybersecurity:
Cybersecurity coordination............................. 3,981 4,338 4,320
US-Computer Incident Response Team [US-CERT] Operations 92,804 102,636 102,486
Federal network security............................... 235,681 199,769 199,725
Network security deployment............................ 328,575 406,441 393,302
Global cybersecurity management........................ 25,921 19,057 25,892
Critical infrastructure cyber protection and awareness. 62,665 73,043 73,013
Business operations.................................... 6,203 5,125 5,089
------------------------------------------------
Subtotal, Cybersecurity.............................. 755,830 810,409 803,827
================================================
Communications:
Office of emergency communications..................... 38,603 36,516 37,946
Priority telecommunications services................... 53,195 53,412 53,372
Next generation networks............................... 24,467 21,160 21,158
Programs to study and enhance telecommunications....... 12,913 10,102 10,074
Critical infrastructure protection programs............ 10,946 9,445 9,409
------------------------------------------------
Subtotal, Communications............................. 140,124 130,635 131,959
================================================
Subtotal, Cybersecurity and communications........... 895,954 941,044 935,786
================================================
Total, Infrastructure protection and information 1,156,004 1,201,994 1,209,000
security............................................
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
INFRASTRUCTURE PROTECTION
The Committee recommends $273,214,000 for Infrastructure
Protection, $12,264,000 above the amount requested and
$13,164,000 above the amount provided in fiscal year 2013.
Infrastructure protection is critical to guard against loss of
life and property. Small investments in information sharing,
training, and government/private sector coordination can enable
effective protection against, or response to, incidents. The
explosions at the Boston Marathon on April 15, 2013,
demonstrate the potential for attacks where people gather and
an effective response when entities work together. The
explosion of the West Fertilizer Company in Texas, while
apparently an act of negligence, serves as a reminder that
chemicals cannot fall into the hands of bad actors. For these
reasons, the Committee has included targeted increases for
programs that enhance protection against known threats.
Of the total amount provided for Infrastructure Protection,
$66,134,000 is provided for Infrastructure Analysis and
Planning, which is $8,159,000 above the request. The Office of
Bombing Prevention shall be funded at no less than $10,504,000,
which is $2,247,000 above the request and the same amount as
fiscal year 2013. This funding will sustain needed training,
information sharing, and awareness for State, local, and
private sector entities regarding how terrorists use
explosives, in addition to needed analysis of counter-
explosives requirements, capabilities, and gaps. The Committee
is aware of the Office of Bombing Prevention's efforts to work
with the National Guard on training and encourages the Office
to analyze efficiencies that could be gained through
coordination with the National Guard mission. The Committee
further encourages the Office to continue to work with the
Department of Defense on capabilities related to counter
explosives, including the possible transfer, equipping, and
storage of electronic countermeasures. The Office should also
continue to explore applicable capabilities from defense
programs that comply with domestic policies and protections,
such as privacy.
The Committee notes that to provide reliable analysis in a
timely manner for notice--and especially no-notice--events,
data and information must be readily available on a range of
topics such as the electrical grid, oil and gas resources,
flood projections, drought conditions, and pandemic models. The
Committee is concerned that as budgets tighten, preparedness
priorities are negatively impacted by the issue of the day. It
is critical that NPPD maintain a robust infrastructure
information and analysis capability for use in decisionmaking
to prevent and respond to incidents. Therefore, the remaining
increase provided for Infrastructure Analysis and Planning
shall be used to ensure NPPD has readily accessible data
available for quick analysis in the areas of highest risk. NPPD
shall brief the Committee within 60 days after the date of
enactment of this act on the expenditure plan for funding
allocations in the Infrastructure Analysis and Planning PPA.
The National Infrastructure Simulation and Analysis Center
shall be funded at no less than $15,650,000, as requested.
The Committee recommends no less than $18,000,000 for
vulnerability assessments, as requested. The Committee notes
that in conducting assessments on risks to critical
infrastructure and key resources, interdependencies on
associated infrastructure--including cyber--are often
discovered. The Committee encourages NPPD to ensure this
information is shared regionally to maximize the benefits of
the assessments and facilitate planning for restoration of
services post-disaster.
The Committee provides the proposed increase in funds for
infrastructure sector analysis which will combine critical
infrastructure risk analysis, including cyber, with modeling
and simulation to inform risk decisions and improve security
and resilience for communities. The Committee is convinced that
communities and the public can benefit from better coordination
between NPPD programs oriented toward resiliency of
infrastructure and FEMA programs dedicated to mitigation
against disasters. NPPD and FEMA are directed to brief the
Committee jointly, no later than 60 days after the date of
enactment of this act, on possibilities for program
coordination between the two components, including information
sharing among DHS components, Federal agencies, State and local
partners, and the private sector.
The Committee directs NPPD to fully fund training of safety
and security professionals charged with public protection at
large venues with large crowds. The Committee encourages the
Department to continue strengthening existing partnerships with
institutions and centers that have well-developed training
programs for security personnel to meet safety and security
requirements at large venues, including those that host
professional, collegiate, and amateur sporting events. Such
entities should possess unique resources, research, and
programs that can be combined to enhance dissemination of
effective security techniques to sports safety venue
professionals.
Of the total amount provided for Infrastructure Protection,
$12,876,000 is provided for sector specific agency management,
which is $4,653,000 above the request and the same amount as
fiscal year 2013. The tragic explosion at the West Fertilizer
Company facility in Texas revealed that the facility contained
levels of ammonium nitrate that required it to register with
DHS through the Chemical Facility Anti-Terrorism Standards
[CFATS] program. The facility had not registered and DHS was
unaware of the presence of ammonium nitrate at the site.
However, the facility had submitted a separate chemical
security report to the Environmental Protection Agency that
could have alerted DHS to the presence of chemicals of interest
at this facility. This demonstrates the need for NPPD to have a
more robust coordination effort to promote cooperation among
industry and with other relevant Federal agencies in the
chemical sector. NPPD is directed to support the Chemical
Sector Coordination Council in an effort to develop
recommendations to improve the coordination among Federal
agencies, streamline reporting requirements, and improve the
CFATS program to create efficiency and effectiveness. The
recommendations shall be provided in a report directly to the
Committee from the Council. Additional needed coordination
efforts also apply to the 15 sister infrastructure sectors
including transportation, energy, water and wastewater, and
food and agriculture. NPPD is directed to brief the Committee
no later than 30 days after the date of enactment of this act
on how coordination efforts will be improved to maximize
effectiveness.
The Committee recommends $85,542,000 for Infrastructure
Security Compliance, $248,000 below the request and $7,700,000
above the amount provided in fiscal year 2013. Infrastructure
Security Compliance funding is provided for implementation of
the CFATS program. There are over 4,300 facilities covered by
CFATS. Since its inception, over 3,000 facilities that would
have been covered are now exempt from the program due to
mitigation efforts identified and taken. The Committee notes
that all tier one facilities will have approved plans by the
third quarter of fiscal year 2014, according to NPPD. The Under
Secretary of NPPD is directed to provide a report on the
implementation of the CFATS program to the Committee on a
semiannual basis that includes the number of: facilities
covered, inspectors, completed inspections, inspections
completed by region, pending inspections, days inspections are
overdue, enforcements resulting from inspections, and
enforcements overdue for resolution. This data should be
delineated by tier. The first report shall be submitted no
later than 90 days after the date of enactment of this act.
The Committee notes a requirement, under title I, for the
Deputy Secretary to continue semiannual reporting to the
Committee on coordinating chemical security responsibilities
with all relevant Departmental components and the Office of
Management and Budget. NPPD is expected to continue its
involvement in this effort.
CYBERSECURITY
The Committee recommends $803,827,000 for Cybersecurity
programs, $6,582,000 below the budget request and $47,997,000
above the fiscal year 2013 level.
The risk to cyberspace has been identified by the
Administration and experts as both an economic and national
security threat to the United States, with potential virtual
and physical consequences. NPPD reports that in fiscal year
2012 it responded to 70 incidents per month; processed 160,000
incident reports from Federal agencies, infrastructure owners,
and international partners; and received 9,500 files for
malware analysis resulting in 7,455 actionable alerts. This is
a clear threat to our way of life, the government, and the
infrastructure which provides power, water, financial systems
and more. To combat the threat it is imperative to develop not
only technological advances and but also trained cyber experts.
Of the total amount for cybersecurity, the Committee
recommends $199,725,000 for Federal Network Security, of which
$165,946,000 is to provide continuous monitoring and
diagnostics for the civilian Federal computer network to detect
malicious activity on government networks. While NPPD is
leading the effort for continuous monitoring and diagnostics
and funds are provided for standardizing and improving this
capability across the Federal enterprise, the responsibility
for information technology management, including security,
remains with each Federal agency. As such, each agency must
continue to plan and budget for security needs consistent with
current law and policies as well as emerging threats and needs.
NPPD shall provide its expertise and capabilities to
supplement, but not supplant, the budget and responsibilities
of other agencies. A general provision, first enacted in fiscal
year 2013, is retained which requires quarterly reports on the
progress of the implementation of this effort.
The Committee supports NPPD's efforts to continually
evaluate and improve the National Cybersecurity Protection
System [NCPS], known as Einstein. Deployed in 2004, the system
has been upgraded in stages which continue to evolve with both
technological advances and the threat. A comprehensive review
of the program's effectiveness in terms of current and planned
capabilities and gaps has not been completed for Congress in
several years. The Committee directs GAO to complete an in-
depth review of the National Cybersecurity Protection System,
including the system's ability to meet the stated mission,
NPPD's effectiveness in designing the requirements for future
stages of the system, and Federal agency cooperation and
consistency in adopting the system. A report with the findings
shall be submitted to the Committees no later than 270 days
after the date of enactment of this act.
The Committee recommends $25,892,000 for Global
Cybersecurity Management, of which no less than $15,824,000 is
for cybersecurity education. The Committee is concerned about
the development of the current and future cybersecurity
workforce and whether it is adequate to address the public's
cyber vulnerability. The Committee notes the proposed
$6,864,000 reduction below the fiscal year 2013 level for
cybersecurity education programs is inconsistent with the
stated goal of educating 1,700,000 students by 2021. The
justification for the delay is to serve higher priority
cybersecurity efforts; however, investments proposed in
technology will not be useful if there is not a trained
workforce to support those tools in future years. The Committee
expects DHS to submit a fiscal year 2015 budget request that
fully funds its stated goal with regard to cybersecurity
education or submit a revised goal with a justification
outlining how the revision meets the Nation's security needs.
In addition, the Committee strongly encourages the Department
to consider how veterans, particularly wounded warriors, can be
integrated into the cybersecurity workforce.
The Committee directs the Office of the Undersecretary of
NPPD and the Office of the Administrator of FEMA to brief the
Committee on the likely physical and psychological consequences
of a cyber attack, including the potential magnitude of the
effect; State, local, and tribal government preparedness and
response coordination; and Federal coordination and readiness.
The Committee understands that, per the President's
Executive Order on Improving Critical Infrastructure and
Cybersecurity, Federal agencies are developing recommendations
to provide incentives for the private sector to take
cybersecurity measures. The Committee expects the
Administration to provide a comprehensive review of the
incentives to Congress, the private sector, and the public for
input as soon as practicable.
NATIONAL CYBERSECURITY REVIEW
In March of 2012, the Department completed the first
National Cybersecurity Review assessing the cybersecurity
capabilities of State and local jurisdictions by surveying 162
States, territories, and localities across the country. This
well-executed effort strengthened partnerships between levels
of government, created a baseline of the cybersecurity posture
of multiple levels of government, and identified areas on which
to focus future cybersecurity efforts. According to NPPD, the
survey will be updated every other year in order to measure
progress and identify emerging areas of concern. The Committee
expects the second survey will be completed in fiscal year
2014. NPPD is directed to brief the Committees no later than 30
days after the date of enactment of this act on the timeframe
needed to complete the review, the stakeholders that will be
included in the process, and any planned changes in the focus
of the effort. NPPD is encouraged to consider privacy as a
focus area in future surveys.
COMMUNICATIONS
The Committee recommends $131,959,000 for communications
programs, $1,324,000 above the amount requested and $8,165,000
below the amount provided in fiscal year 2013.
Of the total amount recommended, $37,946,000 is for the
Office of Emergency Communications [OEC], $1,430,000 above the
amount requested. On July 6, 2012, President Obama issued
Executive Order 13618 which clarified the national security and
emergency preparedness communications responsibilities for the
Federal government. As a result, DHS realigned programs by
combining the traditional interoperable communications support
provided by the Office of Communications with the technical
capabilities of the National Communications System to address
emergency communications issues. This streamlining of Federal
functions does not reduce DHS's responsibility to promote and
support State and local efforts for interoperable
communications and effective use of technology advancements. In
a recent GAO report (GAO-12-343) on emergency communications,
challenges were identified that are likely to slow
implementation of a public safety broadband network. Several
Federal agencies have responsibilities in this area, but
specifically, GAO recommends that DHS work with Federal, State,
and local partners to identify and communicate opportunities
for joint procurement of devices that will be used on the
broadband network to ensure public safety agencies are not
overpaying for handheld communications devices. The Committee
provides additional funding to ensure OEC can fulfill the need
for planning, testing, technical assistance, and
standardization for efficient use of the communications
infrastructure.
FEDERAL PROTECTIVE SERVICE
Appropriations, 2013\1\................................. $1,301,824,000
Budget estimate, 2014\1\................................ 1,301,824,000
House allowance\1\...................................... 1,301,824,000
Committee recommendation\1\............................. 1,301,824,000
\1\Fully funded by offsetting collections paid by General Services
Administration tenants and credited directly to this appropriation.
The Federal Protective Service [FPS] is responsible for the
security and protection of Federal property under the control
of the General Services Administration [GSA]; and for the
enforcement of laws for the protection of persons and property,
the prevention of breaches of peace, and enforcement of any
rules and regulations made and promulgated by the GSA
Administrator and/or the Secretary. The FPS authority can also
be extended by agreement to any area with a significant Federal
interest. The FPS account provides funds for the salaries,
benefits, travel, training, and other expenses of the program,
offset by collections paid by GSA tenants and credited to the
account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,301,824,000, as requested, for
salaries and expenses of the Federal Protective Service for
fiscal year 2014. This amount is fully offset by collections of
security fees.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................ 271,540 271,540 271,540
Building-specific security................................ 509,056 509,056 509,056
Reimbursable security fees (contract guard services)...... 521,228 521,228 521,228
-----------------------------------------------------
Total, Federal Protective Service................... 1,301,824 1,301,824 1,301,824
Offsetting fee collections................................ -1,301,824 -1,301,824 -1,301,824
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
The Federal Protective Service is funded through fees
assessed to participating agencies by the Office of Management
and Budget [OMB]. A provision is included in the bill requiring
the Secretary and the Director of OMB to certify that FPS is
sufficiently funded to support 1,371 FTE, including no less
than 1,007 police officers, inspectors, area commanders, and
special agents, by December 31, 2013.
A provision was included in the Department of Homeland
Security Appropriations Acts of 2012 and 2013 requiring FPS to
submit a strategic human capital plan that aligns fee
collections to personnel requirements based on a current threat
assessment. FPS submitted an Interim Strategic Human Capital
Plan on April 10, 2013. The plan describes how a workforce
framework will be implemented based on an FTE level of 1,371.
While this information provides insight into the current
capability within the current budget, it does not fulfill the
congressional requirement to determine the need for resources
based on risk to Federal employees and the officers that
protect them. Without such a guiding document, decisionmakers
cannot reliably match resources to threat. A provision is
included to again require a strategic human capital plan that
aligns fee collections to personnel requirements based on a
current threat assessment and directs FPS to meet the spirit of
the law. Separately, the Committee directs GAO to review the
FPS workforce size and its area of responsibility in comparison
to similar law enforcement agencies and provide a report the
Committee on areas of risk FPS should consider addressing.
The Committee also understands FPS is currently engaged in
an effort to link operations, performance, and cost data. The
Committee directs FPS to complete this effort as it is critical
in addressing the issues found by GAO related to the fee
structure and the timing of budget decisions (GAO-11-492). Two
elements of the overall current effort are to complete an
activity-based costing program and finalize implementation of
the Modified Infrastructure Survey Tool, which will replace the
Risk Assessment Management Program. Both efforts are in the
final stages and the Committee encourages such efforts to be
completed expeditiously. The Office of the Under Secretary for
NPPD, in conjunction with the Director of FPS, shall brief the
Committee not later than 30 days after the date of enactment of
this act on the implementation of the management and budget
improvement efforts.
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT
Appropriations, 2013\1\................................. $232,115,000
Budget estimate, 2014\2\................................................
House allowance......................................... 232,190,000
Committee recommendation................................ 205,967,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Funding requested under U.S. Customs and Border Protection ``Salaries
and Expenses'' as US-VISIT.
---------------------------------------------------------------------------
MISSION
The mission of the Office of Biometric Identity Management
[OBIM] is to collect, maintain, and share biometric 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. OBIM also must ensure that
biometrics can be used as the means to link associated
biographic information such that individuals can be uniquely
identified, serving its customers' security, facilitation, and
customer service needs.
RECOMMENDATION
The Committee recommends $205,967,000 for OBIM. This is
$205,967,000 above the request and $26,148,000 below the amount
provided in fiscal year 2013. This level includes: $42,747,000
for Salaries and Expenses [S&E]; $15,926,000 for Systems
Engineering; $127,224,000 for Operations and Maintenance [O&M];
and $20,070,000 for Identity Management and Screening Services.
The Committee's recommendation continues the direction provided
in Public Law 113-6, realigning US-VISIT funding to this
account, ICE and CBP, and includes the transfer of the Arrival
Departure Information System [ADIS] to CBP. The realignment of
funds reflects the missions of these entities. ICE is
responsible for conducting overstay 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 for OBIM. The Committee directs OBIM to continue
efforts to identify efficiencies under this new structure
through reassessing its staffing, travel, and contractor
support requirements.
FOCUSED CUSTOMER SERVICE
OBIM is expected to continue its strong coordination with
DHS and interagency partners to ensure appropriate focus on
customer needs and service. As a forum for this focus, OBIM
shall reconstitute the US-VISIT Executive Stakeholder Board,
considering any appropriate changes that would enhance the
Board's effectiveness.
US-VISIT has been in discussions with TSA and the Office of
the Chief Security Officer for years regarding enrolling
additional populations into IDENT. OBIM now has the appropriate
mission focus to address the mission needs for enrolling TSA's
special vetted populations as well as departmental employees
and contractors. These populations and other potential future
populations would enable better security and improve customer
service. 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.
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
continue 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. Further, the Committee encourages OBIM to continue its
data sharing and connectivity improvement efforts with the
Intelligence Community.
ARRIVAL AND DEPARTURE INFORMATION SYSTEM
The recommended funding level reflects the movement of the
Arrival Departure Information System [ADIS] to CBP. The
Committee directs OBIM to support the successful transition of
this system to CBP. Further, the Committee believes that the
transition of ADIS gives OBIM the ability to focus completely
on the effectiveness of IDENT and its modernization needs.
Reiterating direction provided in the report accompanying
Public Law 113-6, the Committee directs OBIM to undertake a
rigorous review of its Information Technology costs and
modernization needs and to outline proposals for efficiencies
and cost savings in OBIM's investment and management plan. OBIM
is encouraged to apply efficiencies and cost savings to
continue the Unique Identity program and modernize IDENT.
OBIM also is directed to brief the Committees on a
semiannual basis on its workload and service levels, staffing,
modernization efforts, and other operations. All of the OBIM-
related semiannual briefings should occur at the same time.
OFFICE OF HEALTH AFFAIRS
Appropriations, 2013\1\................................. $132,324,000
Budget estimate, 2014................................... 131,797,000
House allowance......................................... 123,425,000
Committee recommendation................................ 127,689,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Office of Health Affairs [OHA], headed by the Chief
Medical Officer who also serves as the Assistant Secretary for
Health Affairs, leads the Department on medical issues related
to natural and man-made disasters; serves as the principal
advisor to the Secretary on medical and public health issues;
coordinates biodefense activities within the Department; and
serves as the Department's primary contact with other
Departments and State, local, and tribal governments on medical
and public health issues.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$127,689,000 for Office of Health Affairs programs. The
following table summarizes the Committee's recommendations as
compared to the fiscal year 2013 and budget request levels:
OFFICE OF HEALTH AFFAIRS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2013 2014 budget Committee
enacted\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
BioWatch....................................................... 85,277 90,609 87,609
National Biosurveillance Integration Center.................... 12,983 8,000 8,000
Chemical Defense Program....................................... 1,997 824 824
Planning and coordination...................................... 5,400 4,995 4,995
Salaries and expenses.......................................... 26,667 27,369 26,261
------------------------------------------------
Total, Office of Health Affairs.......................... 132,324 131,797 127,689
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
BIOWATCH
The Committee recommends $87,609,000 for the BioWatch
Program, $3,000,000 below the amount requested and $2,332,000
above the amount provided in fiscal year 2013. This funding
sustains current operations. The President's request includes
significant increases for training, guidance, concept of
operation, and exercise activities. A portion of those
increases are provided and OHA is directed to prioritize the
available funds based on risk.
No funds are provided for acquisition of Generation 3
technology, consistent with the President's budget request. A
recent report by the Homeland Security Studies and Analysis
Institute found that while DHS should proceed with a Generation
3 acquisition program, it should not do so until plans are
further developed and program documentation is updated.
Unfortunately, the established deadlines to complete the
necessary work for progression of this program have not been
met in a timely manner. An analysis of alternatives and
reevaluation of the mission statement is currently underway and
results are expected in the autumn of 2013. The Committee
supports ongoing efforts to improve the Nation's biological
detection capabilities. DHS is directed to complete its review
of the program without delay, and to brief the Committee no
later than September 15, 2013, on the results of the analysis
of alternatives, the reevaluation of the mission statement, and
a clear path forward for development of the next generation
technology. As part of the review, DHS should consult with
other Federal agencies that have either technical or program
expertise that can lend to evaluation of the program, including
the Departments of Defense and Health and Human Services.
In addition, the Committee is interested in an assessment
of the current BioWatch capability. As the analysis of
alternatives for Generation 3 is already underway, this
assessment may be conducted separately to be completed no later
than November 1, 2013. The assessment shall evaluate the cost
benefit of current capability and consider alternative options
to further our Nation's ability to detect and identify
biological agents.
NATIONAL BIOSURVEILLANCE INTEGRATION CENTER
The Committee recommends $8,000,000 for the National
Biosurveillance Integration Center [NBIC], the same amount as
requested and $4,983,000 below the amount provided in fiscal
year 2013.
The Committee notes a strategic plan for NBIC to promote
early warning for and share situational awareness of biological
events was published in November 2012. The plan establishes
initiatives that may be measured and validated to ensure
specific goals are accomplished, including dissemination of
timely, useful, integrated Federal information related to
incidents and threats. In addition, as part of the NBIC
strategy, pilot projects are completed to demonstrate new
capabilities for operational implementation. OHA is directed to
brief the Committee on the progress of the implementation of
the strategic plan and the specific outcomes of the pilot
projects no later than 60 days after the date of enactment of
this act. The briefing shall include identification of
obstacles to the implementation of the strategic plan and the
timeframe for completion of the pilot programs. The ongoing
costs and new needs for pilot projects should be identified in
the brief. Pilot projects shall be competitively awarded in
fiscal year 2014.
CHEMICAL DEFENSE PROGRAM
The Committee recommends $824,000 for the Chemical Defense
Program, the same amount as requested and $1,173,000 below the
amount provided in fiscal year 2013.
The Committee notes OHA is in the process of seeking public
input before awarding demonstration projects aimed at
developing a comprehensive chemical defense framework. OHA is
encouraged to finalize the awards as soon as the appropriate
input is considered. The Committee believes all high-risk
situations should be considered for study to ensure useful
information is made available on mitigation and response
measures. OHA is directed to brief the Committee no later than
August 2, 2013, on the timeframe to finalize the awards and the
risk factors that will be considered in awarding demonstration
projects.
PLANNING AND COORDINATION
The Committee recommends $4,995,000 for Planning and
Coordination, the same amount as requested and $405,000 below
the amount provided in fiscal year 2013. The Committee is
concerned that proposed reductions to programs in planning and
coordination will begin to erode future capacity for OHA to
implement the workforce health mission as well as its
responsibilities related to HSPD-9 regarding food, water, agro-
defense, veterinary, and zoonotic diseases. OHA is directed to
brief the Committee regarding how mission capability has been
maintained, within the resources requested and provided, no
later than December 17, 2013.
SALARIES AND EXPENSES
The Committee recommends $26,261,000 for Salaries and
Expenses, $1,108,000 below the amount requested and $406,000
below the amount provided in fiscal year 2013. OHA has
consistently lapsed funding due to slow hiring.
Federal Emergency Management Agency
The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other manmade disasters, by
leading and supporting the Nation in a risk-based,
comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2013 and budget request levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses.................................. 971,834 1,042,383 948,822
State and local programs............................... 1,464,147 2,123,200 1,502,000
Firefighter Assistance Grants.......................... 674,110 (\2\) 675,000
Emergency Management Performance Grants................ 349,538 (\2\) 350,000
Radiological Emergency Preparedness Program............ -1,443 -1,272 -1,272
United States Fire Administration...................... 43,942 41,306 44,000
Disaster Relief Fund:
Base............................................... 607,124 594,522 594,522
Disaster Relief Category........................... 6,400,000 5,626,386 5,626,386
Disaster Relief Category (Public Law 113-2)........ 5,379,000 ................. .................
Emergency Appropriation (Public Law 113-2)......... 6,108,735 ................. .................
--------------------------------------------------------
Subtotal, Disaster Relief Fund................... \3\18,494,859 6,220,908 6,220,908
========================================================
Disaster Assistance Direct Loan Program Account\4\..... 300,000 ................. .................
Flood hazard mapping and risk analysis................. 95,203 84,361 95,203
National Flood Insurance Fund\5\....................... (171,000) (176,300) (176,300)
National Predisaster Mitigation Fund................... 24,967 ................. 25,000
Emergency food and shelter............................. 119,842 100,000 120,000
--------------------------------------------------------
Total, Federal Emergency Management Agency....... \3\22,536,999 9,610,886 9,979,661
----------------------------------------------------------------------------------------------------------------
\1\\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\Funding proposed under ``State and Local Programs.''
\3\Includes emergency funding of $6,108,735,000 and disaster relief category funding of $5,379,000,000 in the
Disaster Relief Appropriations Act, 2013 (division A of Public Law 113-2) and disaster relief category funding
of $6,400,000,000 in the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law
113-6).
\4\Includes emergency funding of $300,000,000 in the Disaster Relief Appropriations Act, 2013 (division A of
Public Law 113-2).
\5\Fully offset by fee collection.
SALARIES AND EXPENSES
Appropriations, 2013\1\................................. $971,834,000
Budget estimate, 2014................................... 1,042,383,000
House allowance......................................... 922,462,000
Committee recommendation................................ 948,822,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
Funding for FEMA Salaries and Expenses provides for the
development and maintenance of an integrated, nationwide
capability to prepare for, mitigate against, respond to, and
recover from the consequences of major disasters and
emergencies, regardless of cause, in partnership with Federal
agencies, State, local, and tribal governments, volunteer
organizations, and the private sector. The Salaries and
Expenses account supports FEMA's programs by coordinating
between headquarters and regional offices the policy,
managerial, resource, and administrative actions.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$948,822,000 for FEMA Salaries and Expenses. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2013 and budget request levels:
SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Administrative and Regional Offices....................... 257,069 240,736 250,748
Office of National Capital Region Coordination........ (4,287) (2,602) (4,293)
Preparedness and Protection............................... 178,811 293,684 176,406
Response.................................................. 179,191 171,665 179,081
Urban Search and Rescue Response Systems.............. (35,134) (27,513) (35,180)
Recovery.................................................. 55,226 55,530 55,121
Mitigation................................................ 29,775 25,882 28,416
Mission Support........................................... 157,326 144,580 148,744
Centrally Managed Accounts................................ 114,436 110,306 110,306
-----------------------------------------------------
Total, Salaries and Expenses........................ 971,834 1,042,383 948,822
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
PROGRAM LEVEL COMPARISIONS
A comparison of FEMA funding levels between the fiscal year
2013 enacted, budget request, and Committee recommendation
level is complicated by the Administration's proposed
realignment of funding between the ``Salaries and Expenses''
and ``State and Local Programs'' appropriations. Congressional
direction to present the budget request in same account and PPA
structure as provided in the annual DHS Appropriations Acts has
been consistently ignored. Therefore, in order to promote
transparency, the following table shows comparable levels of
funding by PPA for the ``Salaries and Expenses'' appropriation,
in the same format that funds have been appropriated since
fiscal year 2012. A similar table is included under the ``State
and Local Programs'' appropriation to provide an accurate
comparison of grant funding.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Administrative and Regional Offices....................... 257,069 250,669 250,748
Preparedness and Protection............................... 178,811 177,183 176,406
Response.................................................. 179,191 171,665 179,081
Recovery.................................................. 55,226 55,530 55,121
Mitigation................................................ 29,775 25,881 28,416
Mission Support........................................... 157,326 144,580 148,744
Centrally Managed Accounts................................ 114,436 110,306 110,306
-----------------------------------------------------
Subtotal............................................ 971,834 935,814 948,822
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
PROGRAM ACTIVITIES
Of the total amount made available, $32,000,000 is included
for Mount Weather capital improvements and operations, as
requested.
Of the total amounts provided, not less than: $2,000,000 is
for the Emergency Management Assistance Compact under the
Preparedness and Protection PPA; $2,589,000 is for the National
Hurricane Program under the Response PPA; $8,798,000 is for the
National Earthquake Hazards Reduction Program and $9,360,000 is
for the National Dam Safety Program under the Mitigation PPA.
Funding levels for each of these programs are maintained at
fiscal year 2013 levels.
The Committee provides $10,496,000 for evaluations and
assessments, as requested, in the Administration and Regional
Offices PPA. The release of the second annual National
Preparedness Report highlights the continuing need for a
collective set of reliable data sources to continue assessing
the preparedness of the Nation. While recognizing FEMA's recent
efforts to assess local, State, and Federal threats, hazards,
capabilities and preparedness, and use that data to inform
grant making decisions, the Committee remains concerned that
specific, crosscutting performance metrics and capability gaps
have not been completely developed. FEMA is directed to brief
the Committee on how a measurement system will be finalized to
assess the Nation's risk and the specific gaps in capability.
The briefing should clearly describe how the system will be
repeatable so Congress can use it to evaluate progress and
consider resources that may be needed to address issues. The
Committee expects that future grant awards will incorporate
these performance metrics and address response, preparedness,
or mitigation gaps.
The Committee notes that it has been almost 3 years since
the Local, State, Tribal, and Federal Preparedness Task Force
provided a report to Congress that took stock of preparedness
efforts in the Nation and made recommendations for improvement.
Since then, programs at all levels of Government to assess
readiness and fill preparedness gaps have changed. FEMA is
directed to support a reconvening of the task force to evaluate
progress made on the recommendations and make recommendations
on new issues that have emerged. The task force shall provide
the report directly to the Committee.
FEMA shall continue to encourage State and local
governments to develop mutual aid agreements and provide
technical assistance when necessary.
AUTOMATION MODERNIZATION
The Committee provides $5,000,000 above the total amount
requested to continue FEMA's automation modernization program.
The funding and the report required in this and previous
Appropriations Acts provide the means and structure for FEMA to
modernize its systems for better performance and future costs
savings. FEMA shall continue to include the DHS CIO in planning
efforts to ensure compatibility with Department systems where
practicable.
The Committee recognizes that citizens and governments in
the United States use social media during a disaster in various
ways. The Office of the Administrator is directed to brief the
Committee not later than 60 days after the date of enactment of
this act on FEMA's current use of social media during
disasters, the ability to coordinate social media activity with
State and local governments, and innovative and promising
emerging technologies that could fill information need gaps.
OFFICE OF NATIONAL CAPITAL REGION COORDINATION
The Committee recommends $4,293,000 for the Office of
National Capital Region Coordination, $1,691,000 above the
amount requested and $6,000 above the amount provided in fiscal
year 2013. The Committee recognizes the unique responsibilities
of the Office in coordinating emergency preparedness and
response activity in a high-population area, where the
workforce is made up of many independently operating Federal
agencies and the District of Columbia, and where National
leaders and foreign dignitaries are ever present. The Committee
directs the Office to work expeditiously on its high-priority
activities such as aligning Federal building emergency plans
and evacuation procedures to facilitate an orderly evacuation
for no-notice events; and facilitating daily data sharing
across local, State, and the plethora of Federal sources for
situational awareness.
The Committee remains concerned that planning for
evacuation of the National Capitol Region during a disaster has
not incorporated all of the pertinent officials from the
appropriate local communities and States. Therefore, the
Committee notes the permanent provision included in the
Department of Homeland Security Appropriations Act, 2013,
requiring inclusion of the Governors of the State of West
Virginia and the Commonwealth of Pennsylvania in the National
Capital Region decision-making process for mass evacuations.
FEMA is directed to include officials from the counties and
municipalities that contain the evacuation routes and their
tributaries in the planning process.
On July 2, FEMA issued a notice announcing the realignment
of the Office of National Capital Region Coordination. The
realignment plan is inconsistent with the Homeland Security Act
[HSA] of 2002, the Department of Homeland Security
Appropriations Act, 2013, and the President's budget request
for fiscal years 2013 and 2014. First, the realignment was
developed without stakeholder input as specifically prescribed
in the HSA. Second, the plan reduces resources for the Office
by over 30 percent in overall funding and 53 percent in
personnel when compared to the funding provided in fiscal year
2013. Finally, the plan relocates responsibilities to the FEMA
Region 3 Office in Philadelphia, Pennsylvania, which was not
proposed in the President's budget. Such a realignment requires
congressional approval. FEMA is directed to cease any
realignment of the ONCRC immediately.
The Committee has long supported making the ONCRC more
effective through direction to implement programs that serve
the unique needs of the area with its large Federal workforce
and need for multi-jurisdiction cooperation in a high risk
area. Unfortunately, the Committee has never been convinced
such an effort was made by FEMA through the irresponsible
budget proposals seen in past years that simply cut funding
with no reform or explanation of how the mission will be better
met. Effective planning for a realignment can only be achieved
by receiving input from the District of Columbia, State, local,
and regional authorities. To do otherwise is inconsistent with
congressional intent in establishing the Office and with
emergency management principles. Should FEMA decide to pursue a
proposed realignment to Congress, stakeholder input and
concurrence with the plan will be critical for serious
consideration.
URBAN SEARCH AND RESCUE RESPONSE SYSTEM
The Committee recommends $35,180,000 for the Urban Search
and Rescue Response System, $7,667,000 above the request and
$46,000 above the amount provided in fiscal year 2013. Funding
will sustain the existing system and additional chemical,
biological, nuclear, radiological, and explosives capabilities
gained in fiscal year 2012.
SANDY RECOVERY IMPROVEMENT ACT
The Committee commends FEMA for developing a task force and
schedule of work to implement all provisions of the Sandy
Recovery Improvement Act, which was enacted on January 29, 2013
(Public Law 113-2, Division B). In order to hasten recovery and
augment mitigation efforts in areas affected by Hurricane Sandy
and other disasters throughout the country, FEMA is directed to
remain focused on this effort and provide the necessary
resources to continue it in earnest.
CHILDREN AND DISASTERS
The National Commission on Children and Disasters
highlighted the unique disaster-related needs of America's 73
million children. The Committee notes the progress that
focusing on these unique needs has occurred in recent disaster
response and recovery, particularly by FEMA regional offices.
The Committee directs FEMA to sustain its ongoing efforts to
address children's disaster-related needs both in headquarters
and regional offices. Further, FEMA is directed to provide an
updated report, not later than 120 days after the date of
enactment of this act, on grant expenditures related to
ensuring the needs of children are met, including all sources
of FEMA grants, such as preparedness and mitigation. FEMA is
directed to include in the report an additional section which
identifies the lead senior employee that promotes and sustains
meeting the needs of children and what specific activities were
completed to proactively prepare for the long term needs of
children. FEMA is encouraged to focus such activities on
providing assistance to States to include the needs of children
in their planning efforts.
RESILIENCE
The Committee encourages FEMA to continue its efforts
related to the Strategic Foresight Initiative, which serves the
emergency management community by looking at factors that are
likely to change, such as demographic shifts and technological
advances, in the context of all hazards.
The Committee is convinced that communities and the public
can benefit from better coordination between NPPD programs
oriented toward resiliency of infrastructure and FEMA programs
dedicated to mitigation against disasters. NPPD and FEMA are
directed to brief the Committee jointly, no later than 60 days
after the date of enactment of this act, on possibilities for
program coordination between the two components, including
information sharing among DHS components, Federal agencies,
State and local partners, and the private sector.
DEMOLITION STANDARDS
FEMA requires that newly purchased, condemned buildings
must be demolished within 90 days of purchase. The brevity of
the 90-day requirement often leads to long delays before a
purchase is closed by grantees or subgrantees, who prefer to
wait until after they have received required environmental and
historical approvals before finalizing a purchase. These delays
can impose hardship on the owner of damaged or affected
properties, who must wait to receive the funds needed to
rebuild. To resolve this problem FEMA is directed to provide
270 days for tearing down buildings or establish a more
reasonable demolition standard.
FIRE MITIGATION
Over the last decade, wildfires have caused an average of
over $1,000,000,000 in economic damages, killed over 150
Americans, and destroyed thousands of homes and other
structures across the Nation. The six worst wildfire seasons in
the past 50 years in the United States have all occurred since
2000. The Committee is concerned that mitigation efforts are
not keeping pace with the growing risk. FEMA is directed to
provide a report to the Committee no later than 120 days after
the date of enactment of this act on the efforts being made to
mitigate wildfires including FEMA technical assistance,
information sharing, and grant expenditures for the last 5
years. FEMA should also identify any funding obstacles for
wildfires in its current mitigation programs.
BUDGET PRESENTATION
The Committee directs FEMA to submit its fiscal year 2015
budget request, including justification materials, by office.
Each office and FEMA region shall include (1) budget detail by
object classification; (2) the number of FTE on-board; (3) the
number of FTE vacancies; and (4) the appropriations account(s)
used to support the office and the programs managed by the
office. The level of detail provides improved transparency and
refined tracking of actual spending.
The Committee is disappointed that FEMA has consistently
ignored congressional direction to present the budget request
in the same structure as it is appropriated. The Administrator
of FEMA is again directed to present the fiscal year 2015
budget request in the same account and PPA structure as
provided in this bill and report. If in the Administration's
view, there is a reason to adjust the format, the Committee
directs FEMA to request such adjustments in an addendum with a
clear justification for how the changes facilitate better
resource management and transparency in spending.
OFFICE OF EXTERNAL AFFAIRS
The Committee expects the Office of External Affairs to
pursue more effective ways to facilitate FEMA's communication
with Congress and the public. At times it takes the Agency too
long to provide information to Congress and that information is
not always complete. The Office leadership should address this
issue and develop strategies to more effectively communicate
and engage with the public, associations, and other interested
stakeholders. For example, the Agency does not fully leverage
opportunities to explain the value of mitigation measures
promoted and funded through FEMA or to highlight the state and
local capabilities that FEMA's preparedness grant funds have
helped build. Continually missing opportunities to communicate
the importance of FEMA's mission and its effectiveness in
emergency management will make it more difficult for FEMA to be
successful. The Committee regrets having to address these
issues in this report; however, multiple requests to improve in
these areas have not been adequately responded to. The
Committee directs the Administrator to provide a report within
120 days of the date of enactment of this act on specific
measures being taken to strengthen FEMA's ability to
communicate accurate and timely information to Congress,
emergency managers, and the public. The report should detail
improvements on how congressional direction and requests are
tracked, managed, and resolved, and the opportunities the
Office of External Affairs has to engage directly with the
Administrator and his office.
STATE AND LOCAL PROGRAMS
Appropriations, 2013\1\................................. $1,464,147,000
Budget estimate, 2014\2\................................ 2,123,200,000
House allowance\3\...................................... 1,510,000,000
Committee recommendation................................ 1,502,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Includes $670,000,000 proposed for ``Firefighter Assistance Grants''
and $350,000,000 proposed for ``Emergency Management Performance
Grants,'' which continue to be funded in separate appropriations.
\3\Reflects $10,000,000 included in title V, section 587 for this
appropriation.
Funding for State and Local Programs provides grants for
training, equipment (including interoperable communications
equipment), planning, and exercises to improve readiness for
potential disasters.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$1,502,000,000 for State and Local Programs. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2013 and budget request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2013 2014 budget Committee
enacted\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Grants:
National Preparedness Grant Program.................... ................ 1,043,200 ................
Discretionary State and local grants................... 188,683 ............... ................
State Homeland Security Grant Program.................. 346,143 ............... 453,000
Operation Stonegarden.............................. (46,539) ............... (46,600)
Urban Area Security Initiative......................... 499,716 ............... 614,152
Nonprofit Security Grants.......................... (9,987) ............... (13,000)
Public Transportation Security/Railroad Security/Bus 97,371 ............... 100,640
Assistance............................................
Amtrak............................................. (9,987) ............... (10,000)
Port Security Grants................................... 97,371 ............... 100,640
First Responder Assistance Programs:
Emergency Management Performance Grants............ (\2\) 350,000 (\2\)
Firefighter Assistance Grants...................... (\2\) 670,000 (\2\)
Training Partnership Grants........................ ................ 60,000 ................
----------------------------------------------------
Subtotal, First Responder Assistance Programs........ ................ 1,080,000 ................
====================================================
Subtotal, Grants..................................... 1,229,284 2,123,200 1,268,432
====================================================
Education, Training, and Exercises:
Emergency Management Institute......................... 17,782 (\3\) 20,569
Center for Domestic Preparedness....................... 64,905 (\3\) 64,905
National Domestic Preparedness Consortium.............. 92,877 ............... 98,000
National Exercise Program.............................. 32,335 (\3\) 21,094
Continuing training.................................... 26,964 ............... 29,000
----------------------------------------------------
Subtotal, Education, Training, and Exercises......... 234,863 ............... 233,568
====================================================
Total, State and Local Programs...................... 1,464,147 2,123,200 1,502,000
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\Funds appropriated under a separate account.
\3\Funds proposed under FEMA ``Salaries and Expenses.''
PROGRAM LEVEL COMPARISIONS
A comparison of FEMA funding levels between the fiscal year
2013 enacted, budget request, and Committee recommendation
level is complicated by the Administrations' proposed
realignment of funding between the ``Salaries and Expenses''
and ``State and Local Programs'' appropriation. Congressional
direction to present the budget request in same account and PPA
structure as provided in the annual DHS Appropriations Act has
been consistently ignored. Therefore, in order to promote
transparency, the following table shows comparable levels of
funding by PPA for the ``State and Local Programs''
appropriation, in the same format that funds have been
appropriated since fiscal year 2012. A similar table is
included under the ``Salaries and Expenses'' appropriation to
provide an accurate comparison of grant funding.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2013 enacted\1\ 2014 budget Committee
request recommendations
----------------------------------------------------------------------------------------------------------------
National Preparedness Grant Program.......................... ............... 1,043,200 ...............
Discretionary State and local grants......................... 188,683 ............... ...............
State Homeland Security Grant Program........................ 346,143 ............... 453,000
Operation Stonegarden.................................... (46,539) ............... (46,600)
Urban Area Security Initiative............................... 499,716 ............... 614,152
Nonprofit Security Grants................................ (9,987) ............... (13,000)
Transit and Rail Security Grants............................. 97,371 ............... 100,640
Amtrak................................................... (9,987) ............... (10,000)
Port Security Grants......................................... 97,371 ............... 100,640
--------------------------------------------------
Total.................................................. 1,229,284 1,043,200 1,268,432
==================================================
Training Partnership Grants.................................. ............... 60,000 ...............
Emergency Management Institute............................... 17,782 20,569 20,569
Center for Domestic Preparedness............................. 64,905 61,066 64,905
National Domestic Preparedness Consortium.................... 92,877 ............... 98,000
National Exercise Program.................................... 32,335 24,933 21,094
Continuing training.......................................... 26,964 ............... 29,000
==================================================
Total.................................................. 234,863 166,568 233,568
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
GRANT REFORM
The Committee notes that the budget request includes a
proposal for grant reform, similar to the fiscal year 2013
request. The Committee did not include the proposed reform in
fiscal year 2013 since it lacked needed detail and stakeholder
input. Further, the Committee encouraged the Secretary and the
Administrator of FEMA to work with the committees of
jurisdiction to refine the proposal. While the Administration
has indicated a legislative proposal will be provided to the
authorizing committees of jurisdiction, no such proposal has
been received. Therefore, funds are appropriated in the same
manner as fiscal year 2013. A general provision is included
prohibiting the implementation of grant reform until
Congressional action on the matter has occurred.
GRANTS MANAGEMENT
The Committee includes specific timeframes for grant dollar
distribution. For each of the grant programs, funding
opportunity announcements shall be issued in 60 days,
applicants shall apply within 80 days after announcements are
made, and FEMA shall act on the application within 65 days
after applications are due.
The Department is encouraged to require State and local
governments to address child care services and facilities in
response and recovery plans, exercises, and training.
Additionally, the Committee is concerned that State and local
cybersecurity issues are not receiving the needed resources and
attention, and the Department is encouraged to require State
and local governments to include their Chief Information
Officers in planning efforts. The Committee is concerned that
drinking water and sanitation security needs, especially
related to emergency response initiatives, are not adequately
addressed. FEMA is encouraged to require State and local
governments to include rural water associations in planning
efforts. The Committee encourages FEMA to consider the need for
severe weather alert systems and reverse 9-1-1 notification
systems when evaluating grant applications.
FEMA shall consider the use of fiduciary agents when
applicants are managing grants across many jurisdictions, such
as in the port security grant program.
STATE HOMELAND SECURITY GRANT PROGRAM
The Committee recommends $453,000,000 for the State
Homeland Security Grant Program [SHSGP], of which $46,600,000
shall be for Operation Stonegarden. Activities previously
funded under Metropolitan Medical Response System, Citizens
Corps, Regional Catastrophic Preparedness, Emergency Operations
Centers, Driver's Licenses Security Program, Buffer Zone
Protection Program, and the Interoperable Emergency
Communication Grant Programs in fiscal year 2011 are eligible
for funding under SHSGP.
Operation Stonegarden grants shall continue to be
competitively awarded and shall not be restricted to any
particular border. As in previous years, FEMA is directed to
ensure all border States shall be eligible to apply in fiscal
year 2014.
URBAN AREA SECURITY INITATIVE
The Committee recommends $614,152,000 for the Urban Areas
Security Initiative [UASI], of which $13,000,000 shall be for
nonprofit entities determined to be at high risk by the
Secretary. Eligibility for nonprofit entities shall not be
limited to UASI communities. Activities previously funded under
Metropolitan Medical Response System, Citizens Corps, Regional
Catastrophic Preparedness, Buffer Zone Protection Program,
Emergency Operations Centers, and the Interoperable Emergency
Communication Grant Programs in fiscal year 2011 are eligible
for funding under UASI.
The Committee notes that the 9/11 Act requires FEMA to
conduct a risk assessment for the 100 most populous
metropolitan areas annually. All such areas are eligible for
UASI funding based on threat, vulnerability, and consequence.
The Committee notes that security costs for National
Special Security Events, and similarly assessed special events
with extra security needs, are an eligible expense under SHSGP
and UASI, and such events should be considered in awarding
grants.
LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
In accordance with section 2006 of the Homeland Security
Act of 2002, the Law Enforcement Terrorism Prevention Program
[LETPP] is funded through a required set aside of 25 percent of
the funds appropriated through the SHSGP and UASI programs. The
Committee directs FEMA to provide clear guidance to State and
urban areas to ensure that the intent of LETPP is fully
realized. FEMA is directed to provide an update of the report
on expenditures for prevention activities, as required in
Senate Report 112-74 no later than 120 days after the date of
enactment of this act.
PUBLIC TRANSPORTATION SECURITY ASSISTANCE, RAILROAD SECURITY
ASSISTANCE, AND OVER-THE-ROAD BUS SECURITY ASSISTANCE
The Committee recommends $100,640,000 for Public
Transportation Security Assistance, Railroad Security
Assistance and Over-the-Road Bus Security Assistance. Of the
recommended amount, no less than $10,000,000 is for Amtrak
security needs.
PORT SECURITY GRANTS
The Committee recommends $100,640,000 for the Port Security
Grant Program. FEMA is directed to work with stakeholders of
the port security grant program to identify ways to expedite
the grant review process and brief the Committee no later than
120 days after the date of enactment of this act on the
specific steps that can be taken to shorten the length of time
for obligation of grants.
EDUCATION, TRAINING, AND EXERCISES
The Committee recommends $233,568,000 for Education,
Training, and Exercises. Of this amount, the Committee
recommends $64,905,000 for the Center for Domestic Preparedness
and notes a permanent provision in the Department of Homeland
Security Appropriations Act, 2013, regarding training conducted
at the Center. A provision is included permitting the
Administrator to use the funds provided under paragraph (5) in
this act to acquire real property for the purpose of
establishing or appropriately extending the security buffer
zones for FEMA-owned training facilities. Funding used for such
purpose shall only come from funds specifically appropriated to
the facility for which the property is acquired.
Within the total, the Committee includes $98,000,000 for
the National Domestic Preparedness Consortium, instead of
$60,000,000 for Training Partnership Grants, as proposed in the
budget which combines and reduces current first responder
training. The Consortium, authorized by the 9/11 Act, has
conducted training in all 50 States and each U.S. territory.
Over 1,900,000 first responders have been trained to date. The
existing Consortium members have proven to be an effective
delivery system for this important training. Dismantling the
current program and replacing proven instructional bodies with
an undefined system of providers would diminish the quality and
consistency of training available to first responders. Funding
shall be distributed in accordance with the 9/11 Act and as in
previous years.
The Committee includes $20,569,000 for the Emergency
Management Institute, the same amount as requested and
$2,787,000 above the amount provided in fiscal year 2013. The
Committee notes the development of training for prevention and
response to mass casualty shooting incidents and expects
courses to continue through fiscal year 2014 as proposed.
The Committee includes $29,000,000 for continuing training
grants, instead of $60,000,000 for Training Partnership Grants,
as proposed in the budget which combines and reduces current
first responder training. The Committee supports full funding
of programs that deliver homeland security curricula in the
form of executive education programs and accredited master's
degree education. The Committee regrets that 10 first
responders were tragically killed in the explosion of the West
Fertilizer Company facility in Texas on April 17, 2013. While
it appears the local response plan called for an evacuation,
firefighters rushed into danger. To prevent unnecessary loss of
life, of the total amount provided for continuing training
grants, no less than $2,000,000 shall be for hazardous
materials training for first responders. Also, FEMA shall
consider the training needs of State and local first responders
in preparedness and response to cybersecurity attacks and
incidents.
The Committee includes $21,094,000 for the National
Exercise Program.
FIREFIGHTER ASSISTANCE GRANTS
Appropriations, 2013\1\................................. $674,110,000
Budget estimate, 2014\2\................................................
House allowance......................................... 680,000,000
Committee recommendation................................ 675,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Budget request proposes $670,000,000 under ``State and Local
Programs.''
Firefighter assistance grants, as authorized by section 33
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229), assist local firefighting departments for the
purpose of protecting the health and safety of the public and
fire fighting personnel, including volunteers and emergency
medical service personnel, against fire and fire-related
hazards.
COMMITTEE RECOMMENDATIONS
The Committee recommends $675,000,000 for firefighter
assistance grants, including $337,500,000 for firefighter
assistance grants, and $337,500,000 for firefighter staffing
grants, to remain available until September 30, 2015. This is
$5,000,000 above the amount requested under the ``State and
Local Programs'' appropriation and $890,000 above the amount
provided in fiscal year 2013.
The Committee directs the Department to continue the
present practice of funding applications according to local
priorities and those established by the United States Fire
Administration, and to continue direct funding to fire
departments and the peer review process. The Committee expects
that the rural fire department funding level will be consistent
with the previous five-year history and FEMA shall brief the
Committee no later than 30 days after the date of enactment of
this act if there is an anticipated fluctuation.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2013\1\................................. $349,538,000
Budget estimate, 2014\2\................................................
House allowance......................................... 350,000,000
Committee recommendation................................ 350,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Budget proposes $350,000,000 under ``State and Local Programs.''
Funding requested in this account provides support to the
Nation's all-hazards emergency management system and helps to
build State and local emergency management capability.
COMMITTEE RECOMMENDATIONS
The Committee recommends $350,000,000 for Emergency
Management Performance Grants [EMPG], which is the same amount
as requested under the ``State and Local Programs''
appropriation, and $462,000 above the amount provided in fiscal
year 2013. The Committee directs FEMA to retain EMPG as a
separate grant program, and not to combine its funding with any
other grant allocation or application process.
The Committee notes the purpose of EMPG is to sustain an
all-hazards emergency capability at the State and local level.
The Committee is concerned that in an effort to harmonize grant
programs, generic grant guidance reduces clarity regarding the
targeted purpose of these grants. It should be noted, FEMA
capabilities are only used when a State is overwhelmed in its
ability to support a disaster and the President declares
Federal assistance is needed. While there were 99
Presidentially declared disasters in fiscal year 2011, 250
gubernatorial emergencies were declared, 13,041 events required
State assistance, and 44,428 local and tribal events were
supported using EMPG funded staff or assets, according to the
National Emergency Management Association. This level of
activity and the requirement for all levels of government to
work together for unexpected disasters demonstrates the
criticality of sustaining a Nationwide capability. The Federal
contribution through EMPG, which is a little over $1 per
citizen, is matched by over 50 percent from State and local
governments. This system enables an efficient response and
assists in reducing costs to the Disaster Relief Fund. FEMA is
directed to take into account the unique purpose of EMPG, as
defined in the Stafford Act, when developing grant guidance.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriations, 2013\1\................................. -$1,443,000
Budget estimate, 2014................................... -1,272,000
House allowance......................................... -1,272,000
Committee recommendation................................ -1,272,000
\1\Does not reflect the March l, 2013, sequester of funds under Public
Law 112-25.
The Radiological Emergency Preparedness [REP] program
assists State and local governments in the development of off-
site radiological emergency preparedness plans within the
emergency planning zones of commercial nuclear power facilities
licensed by the Nuclear Regulatory Commission [NRC]. The fund
is financed from fees assessed and collected from the NRC
licensees to recover the amounts anticipated to be obligated in
the next fiscal year for expenses related to REP program
activities.
COMMITTEE RECOMMENDATIONS
The Committee provides for the receipt and expenditure of
fees collected, as authorized by Public Law 105-276. The budget
estimates fee collections to exceed expenditures by $1,272,000
in fiscal year 2014.
UNITED STATES FIRE ADMINISTRATION
Appropriations, 2013\1\................................. $43,942,000
Budget estimate, 2014................................... 41,306,000
House allowance......................................... 44,000,000
Committee recommendation................................ 44,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The mission of the United States Fire Administration [USFA]
is to reduce losses, both economic and human, due to fire and
other emergencies through training, research, coordination and
support. USFA also prepares the Nation's first responder and
healthcare leaders through ongoing, and when necessary,
expedited training regarding how to evaluate and minimize
community risk, improve protection to critical infrastructure,
and be better prepared to react to all hazard and terrorism
emergencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $44,000,000 for the USFA, which is
$2,694,000 above the amount requested and $58,000 above the
amount provided in fiscal year 2013. The amount included above
the request will allow for the continued development of the
National Fire Incident Reporting System and continue programs
that promote fire safety and fire prevention in the wildland
urban interface. According to the United States Fire
Administration, there have been 66 reported firefighter
fatalities in 2013. This includes tragic incidents involving
the loss of multiple firefighters in West, Texas; Houston,
Texas; and 19 firefighters who gave their lives at the Yarnell
Hill Fire in Yavapai County, Arizona--the deadliest incident
for firefighters since September 11, 2001 and the highest loss
of firefighter lives in a wildland fire in 80 years. USFA, in
cooperation with FEMA, is directed to continue its traditional
funding for the congressionally mandated National Fallen
Firefighters Memorial and related activities, which support the
needs of survivors after the loss of a firefighter in the line
of duty. USFA funding, combined with a grant from the
Department of Justice and private sector support, is critical
to sustain these services.
A provision proposed in the budget request permitting State
fire academies to compete for Firefighter Assistance Grants is
not included. Instead the recommendation retains resources and
authority to fully fund the State Fire Training Grant program
within USFA, as in previous years, to ensure consistency and
continuity of the program.
DISASTER RELIEF FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriations, 2013\1\\2\.............................. $18,494,859,000
Budget estimate, 2014................................... 6,220,908,000
House allowance......................................... 6,220,908,000
Committee recommendation................................ 6,220,908,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Includes emergency funding of $6,108,735,000 and disaster relief
category funding of $5,379,000,000 in the Disaster Relief Appropriations
Act, 2013 (division A of Public Law 113-2) and disaster relief category
funding of $6,400,000,000 in the Department of Homeland Security
Appropriations Act, 2013 (division D of Public Law 113-6).
Through the Disaster Relief Fund [DRF], the Department
provides a significant portion of the total Federal response to
victims in Presidentially declared major disasters and
emergencies. Major disasters are declared when a State requests
Federal assistance and proves that a given disaster is beyond
the local and State capacity to respond. Under the DRF, FEMA
will continue to operate the primary assistance programs,
including Federal assistance to individuals and households; and
public assistance, which includes the repair and reconstruction
of State, local, and nonprofit infrastructure. The post-
disaster hazard mitigation set-aside to States, as part of the
DRF, works as a companion piece to the National Predisaster
Mitigation Fund.
COMMITTEE RECOMMENDATIONS
As requested, the Committee recommends $6,220,908,000 for
the Disaster Relief Fund, of which $5,626,386,000 is provided
under the disaster relief adjustment pursuant to Public Law
112-25. The Committee is pleased the Department has requested
amounts for the Disaster Relief Fund that more accurately
reflect, based on documented claims and historic evidence, the
disaster needs that are likely to arise during this fiscal
year, including the costs of previously designated disasters.
The Committee includes bill language requiring an
expenditure plan and quarterly reports for disaster readiness
and support costs; and a monthly report on disaster relief
expenditures. The Committee recommends bill language
transferring $24,000,000 to the Department of Homeland Security
Office of Inspector General for audits and investigations.
The Committee notes a provision included under the heading
``Disaster Relief Fund'' in Division A of Public Law 113-2,
Disaster Relief Appropriations Act, 2013, requiring FEMA to
post on its Web site the Disaster Relief Fund Monthly Report
within 10 days after the first day of each month and encourages
FEMA to post the report as soon as practicable.
The Committee directs FEMA to report on the progress made
addressing the recommendations contained in GAO-12-838
``Federal Disaster Assistance: Improved Criteria Needed to
Assess a Jurisdiction's Capability to Respond and Recover on
Its Own''.
DISASTER RECOVERY EXPENDITURES
The Committee supports the critical role OIG has in
eliminating waste, fraud, and abuse in disaster assistance
programs. Further, the Committee notes that it is imperative
for FEMA to make decisions on recovery assistance in a timely
fashion, often with limited information in a chaotic post-
disaster environment. However, the Committee is concerned that
the OIG execution of their role and a lack of clarity and
consistency in FEMA policy and program execution are adversely
affecting some Public Assistance applicants. In June 2012, OIG
recommended that a grantee repay a Federal grant already
awarded and obligated when it determined that FEMA incorrectly
applied its regulations and policies for a disaster that
occurred in June 2008. FEMA argued that deobligation of the
project was not warranted since the evidence of substantial
damage as a result of the disaster supported Federal assistance
for the community's recovery. The unresolved matter was sent to
the DHS Under Secretary for Management for final adjudication.
The determination was the grantee did not have to repay the
Federal grant since disaster damage warranted assistance. The
Committee is concerned that the OIG Office of Emergency
Management Oversight focus on ``after the fact'' reviews is not
efficiently placed to prevent obligation of misused Federal
funds and therefore causes unnecessary disruption for
recovering communities by recommending deobligation several
years afterwards.
The Committee is mindful that the OIG review of disaster
obligations is often several years after a disaster and the
impact of the findings can have a severe effect on a community
that has already obligated funding to specific projects with
FEMA's approval in an effort to recover. While it is imperative
for FEMA policies and rules to be transparent; reasonably
flexible to accommodate various recovery scenarios; and
consistently applied, where appropriate; the sheer volume of
OIG recommendations may challenge FEMA's capacity to execute
meaningful and responsive policy changes. FEMA has concurred
with a separate OIG finding that the Agency needs a significant
review and revision of certain policies and methods of
implementing rules and is currently undergoing a process to do
so. The Committee expects this process to continue without
delay. Further, the Committee expects FEMA and the OIG to
partner fully in this process.
The Administrator and the Inspector General are directed to
provide a report to the Committee, no later than 120 days after
the date of enactment of this act, outlining improvements that
will be made by both OIG and FEMA to better implement disaster
recovery programs and guard against waste, fraud, and abuse.
FLOOD HAZARD MAPPING AND RISK ANALYSIS
Appropriations, 2013\1\................................. $95,203,000
Budget estimate, 2014................................... 84,361,000
House allowance......................................... 95,202,000
Committee recommendation................................ 95,203,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
This appropriation supports the functions necessary to
develop, and keep current, flood risk information and flood
maps. The flood maps are used to determine appropriate risk-
based premium rates for the National Flood Insurance Program,
to complete flood hazard determinations required of the
Nation's lending institutions, and to develop appropriate
disaster response plans for Federal, State, and local emergency
management personnel.
COMMITTEE RECOMMENDATIONS
The Committee recommends $95,203,000 for Flood Hazard
Mapping and Risk Analysis, $10,842,000 above the amount
requested and the same amount as provided in fiscal year 2013.
To date, only 58 percent of flood maps have been updated with
the most current data.
Maintaining the Nation's flood maps is an important task to
ensure citizens know their risk and communities can make wise
decisions about mitigation activities. It is critical that FEMA
continue to work with the Army Corps of Engineers and the
Technical Mapping Advisory Council to ensure the highest
quality data and information is included in digital maps that
are reliable and useful. The Committee notes FEMA's recent
release of the Levee Analysis and Mapping Procedures for Non-
Accredited Levees [LAMP] and the ongoing establishment of pilot
projects in areas throughout the country to account for flood
protection that may not be reflected on current flood maps.
FEMA is directed to continue working with communities on the
best way to reflect infrastructure that provides varying levels
of mitigation against flooding on flood maps.
On March 20, 2013, the National Academy of Sciences issued
a report on ``Levees and the National Flood Insurance Program:
Improving Policies and Practices'' commissioned by FEMA. The
study concluded ``at this time there is no sound reason to
extend the mandatory purchase requirement--which requires
property owners with a federally backed mortgage located in the
100-year floodplain to purchase flood insurance--to areas
behind accredited levees.'' The Committee notes the study
recommended that FEMA develop modern flood risk analysis tools,
but that the study did not analyze the cost of acquiring such
tools. The Administrator is directed to provide, within a year
of the date of enactment of this act, an initial assessment of
the projected timeline and potential cost of acquiring the
modern flood risk analysis tools referenced in this study.
The Committee directs the United States Army Corps of
Engineers [USACE] and the DHS to ensure the plain language of
the levee accreditation provisions of the Biggert-Waters Flood
Insurance Reform and Modernization Act are met. The Committee
expects a July 2013 delivery of the Flood Protection Structure
Accreditation Task Force report that was required by the
Biggert-Waters Flood Insurance Reform and Modernization Act.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2013\1\\2\.............................. $171,000,000
Budget estimate, 2014\2\................................ 176,300,000
House allowance\2\...................................... 176,300,000
Committee recommendation\2\............................. 176,300,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Fully offset by fee collection.
The National Flood Insurance Fund is a fee-generated fund
which provides funding for the National Flood Insurance
Program. This program enables property owners to purchase flood
insurance otherwise unavailable in the commercial market. The
National Flood Insurance Act of 1968 authorizes the Federal
Government to provide flood insurance on a national basis. This
insurance is available to communities which enact and enforce
appropriate floodplain management measures and covers virtually
all types of buildings and their contents up to $350,000 for
residential types and $1,000,000 for all other types.
COMMITTEE RECOMMENDATIONS
The Committee recommends $176,300,000, as proposed in the
budget, for the National Flood Insurance Fund, of which
$40,000,000 is for expenses under section 1366 of the National
Flood Insurance Act (42 U.S.C. 4104c) to provide assistance
planning to States and communities for implementing floodplain
management measures to reduce or eliminate the long-term risk
of flood damage to buildings and other structures eligible for
insurance under the National Flood Insurance Program.
The Committee directs the Administrator of the National
Flood Insurance Program to develop procedures within 180 days
of the date of enactment of this act to provide information to
policyholders related to the Community Rating System, including
their community's participation status and score under the
program. This information is to be provided to policyholders
not less than one time each year as an enclosure with their
annual policy statement and should also be made easily
available to policyholders online.
The Committee is extremely disappointed that FEMA has still
not completed the affordability study and report required by
section 100236 of the Biggert-Waters Flood Insurance Reform Act
of 2012 (Public Law 112-141) and has consequently failed to
meet the statutory deadline established by Congress. The
Administrator is directed to dedicate sufficient resources to
expedite their completion and submission.
The Committee is aware that FEMA is in the process of
producing a comprehensive Environmental Impact Statement for
the National Flood Insurance Program. The Committee directs
FEMA to ensure that it proactively solicits and considers input
from those parties potentially affected by this process.
Within 1 year of enactment, the Administrator shall conduct
a study assessing the feasibility of waiver authority for
floodplain management requirements within an area designated as
Zone V1-30, VE, or V on a National Flood Insurance Program rate
map. The study shall include an evaluation of: (1) whether
construction could withstand wave and wind forces acting
simultaneously on building components, currents, and debris
impact associated with the base flood and not increase the
elevation of the base flood on structures or cause an increase
in wave forces or transportation of shore materials on
structures; (2) whether construction could increase the water
surface elevation of the base flood; and (3) whether proposed
fill could increase the elevation of the base flood and whether
it could erode. Additionally, the study shall evaluate the
appropriateness of limiting the waivers to locations where: (1)
the main flooding source is wave overtopping of the upland and
is not surge inundation; and (2) the breaking wave height in
the base flood is between 3 and 10 feet.
NATIONAL PREDISASTER MITIGATION FUND
Appropriations, 2013\1\................................. $24,967,000
Budget estimate, 2014...................................................
House allowance......................................... 30,155,000
Committee recommendation................................ 25,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The National Predisaster Mitigation [PDM] Fund provides
grants to States, communities, territories, and Indian tribal
governments for hazard mitigation planning and implementing
mitigation projects prior to a disaster event. PDM grants are
awarded on a competitive basis. This program operates
independent of the Hazard Mitigation Grant Program, funded
through the Disaster Relief Fund, which provides grants to a
State in which a disaster has been declared.
COMMITTEE RECOMMENDATIONS
The Committee recommends $25,000,000 for PDM, $25,000,000
above the amount requested and $33,000 above the amount
provided in fiscal year 2013. The Committee continues to
support predisaster mitigation, and recognizes the importance
of coordinating predisaster mitigation projects with projects
being completed through the post-disaster Hazard Mitigation
Grant Program. The Committee is concerned that eliminating
funding for PDM, as the Administration requested, will leave
some States with no mitigation planning or project funding. The
Committee does not include a provision requested in the budget
which would rescind previous PDM projects, as no eligible funds
for such rescission could be identified.
EMERGENCY FOOD AND SHELTER
Appropriations, 2013\1\................................. $119,842,000
Budget estimate, 2014................................... 100,000,000
House allowance......................................... 120,000,000
Committee recommendation................................ 120,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
This appropriation funds grants to nonprofit and faith-
based organizations at the local level to supplement their
programs for emergency food and shelter to provide for the
immediate needs of the homeless.
COMMITTEE RECOMMENDATIONS
The Committee recommends $120,000,000 for Emergency Food
and Shelter, which is $20,000,000 above the amount requested
and $158,000 above the amount provided in fiscal year 2013. The
Committee continues to support the Emergency Food and Shelter
Program, and recognizes it as one program, in conjunction with
other Federal programs, that serves those in immediate need of
food and shelter assistance. This funding helped provide
63,008,930 meals, 4,526,353 nights of lodging, 63,401 rent and
mortgage payments, and 158,574 utility payments for people in
need in fiscal year 2011.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations, 2013\1\................................. $111,776,000
Budget estimate, 2014................................... 124,213,000
House allowance......................................... 114,213,000
Committee recommendation................................ 118,889,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
United States Citizenship and Immigration Services [USCIS]
funds expenses necessary for the administration of laws and the
provision of services related to people seeking to enter,
reside, work, and naturalize in the United States. In addition
to directly appropriated resources, fee collections are
available for the operations of USCIS.
Immigration Examinations Fees.--USCIS collects fees from
persons applying for immigration benefits to support the
adjudication of applications, as authorized by the Immigration
and Nationality Act (8 U.S.C. 1356).
H1-B and L Fraud Prevention and Detection Fees.--USCIS
collects fees from petitioners seeking a beneficiary's initial
grant of H1-B or L nonimmigrant classification or those
petitioners seeking to change a beneficiary's employer within
those classifications (Public Law 108-447).
H1-B Nonimmigrant Petitioner Fees.--USCIS collects fees
from petitioners using the H1-B program (Public Law 108-447).
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $3,219,142,000
including direct appropriations of $118,889,000 and estimated
fee collections of $3,100,253,000. This is $324,000 below the
amount requested and $224,909,000 above the amount provided in
fiscal year 2013.
The following table, which includes appropriations and
estimated fee collections, summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal year
2013 enacted 2014 budget Committee
\1\ request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
E-Verify................................................... 111,776 114,213 113,889
Immigrant Integration Programs............................. .............. 10,000 5,000
------------------------------------------------
Total, Appropriations.................................... 111,776 124,213 118,889
================================================
Fee collections:
Adjudication services (fee account):
District operations.................................... 1,313,702 1,510,836 1,541,880
Service Center operations.............................. 524,788 550,653 578,393
Asylum, Refugee and international operations........... 196,584 236,494 236,710
Records operations..................................... 86,774 94,039 94,039
Business transformation................................ 269,216 183,464 183,464
------------------------------------------------
Subtotal, Adjudication services.......................... 2,391,064 2,575,486 2,634,486
================================================
Information and customer services (fee account): Information 89,011 96,409 96,409
and customer services.........................................
Administration (fee account): Operation expenses............... 382,334 339,421 339,421
SAVE (fee account)............................................. 20,048 29,937 29,937
H1-B visa fee account.......................................... .............. 13,000 ...............
H1-B and L Fraud Prevention Account............................ .............. 41,000 ...............
------------------------------------------------
Total, fee collections................................... 2,882,457 3,095,253 3,100,253
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
E-VERIFY
The Committee recommends $113,889,000 for E-Verify program
activities, $324,000 below the amount requested and $2,113,000
above the amount provided in fiscal year 2013. The Committee
supports E-Verify and the effort the Department is performing
to improve E-Verify's ability to automatically verify those who
are work authorized, detect identity fraud, and detect system
misuse and discrimination. E-Verify is both a tool for
employers committed to maintaining a legal workforce and a
deterrent to illegal immigration. The Committee notes progress
continues to be made on reducing the mismatch rate.
The growth in E-Verify use by employers has significantly
increased from fewer than 25,000 employers in fiscal year 2007
to more than 447,000 as of April 2013, with an average of more
than 1,000 new employers enrolling per week. E-Verify processed
21 million cases in fiscal year 2012, a more than five-fold
increase from the 4.0 million cases processed in fiscal year
2007. So far in fiscal year 2013, E-Verify processed more than
13 million cases.
The Committee directs USCIS to create a mobile application
and use other available smart-phone technology for employers
using E-Verify so as to encourage small employers to use the
system as early as possible. Additionally, USCIS shall, in
consultation with the Administrator of the Small Business
Administration, make available marketing and other incentives
to small business concerns to encourage small employers to use
E-Verify.
E-VERIFY IN AGRICULTURAL SETTINGS
The Committee is aware of challenges associated with
implementing E-Verify in its current form in the agricultural
industry, and directs USCIS to report to the Senate Committees
on Appropriations and the Judiciary within 120 days after the
enactment of this act on the progress of implementing the USCIS
Self Check service, improving the linkage between E-Verify and
the Arrival and Departure Information System, and developing a
mobile service model that will provide all employers a
different method to access E-Verify, including the development
of a mobile app. The report should address the manner in which
these improvements will be employed; how they will reduce the
burden on agricultural employers and employees; and a specific
date by which the program(s) will be in full effect.
IMMIGRANT INTEGRATION GRANTS
The Committee recommends $5,000,000 for Immigrant
Integration Grants in direct appropriations and includes a
general provision directing that an additional $5,000,000 be
made available for these grants via fees. The grants shall be
available to assist individuals who are legally authorized to
be present in the United States. The Committee believes it is
important to assist individuals following the law and working
to become citizens.
E-B5 VISA PROGRAM
The Director of United States Citizenship and Immigration
Services is directed to provide a report to the committee on
the E-B5 visa program within 90 days of the date of enactment
of this act, and every 180 days thereafter, that includes the
number of applications pending, the period of time each
application has been under review, benchmark review periods for
the economic evaluation of projects and suitability of
petitioners, a description of any additional resources
necessary to efficiently administer the program, and the number
of applications that are approved or denied each period with an
accompanying explanation of their disposition.
FIELD OFFICE FACILITY MODELS
The Committee understands that USCIS is currently revising
its field office facilities model and developing new facilities
models for service centers, call centers, and asylum offices.
The Committee supports efforts to develop effective facility
models that encourage each service center to centralize its
operations into a single headquarters campus in their original
location and that are consistent with the Administration's
efforts to enhance the efficiency of the overall Federal real
estate portfolio. The Committee directs USCIS to submit a
report by January 31, 2014, describing the new facility model
for service centers and detailing how existing service centers
could be impacted by revisions.
REPORTING REQUIREMENT
In order to provide better feedback to small employers and
others throughout the H1-B application process, it is important
that USCIS, to the extent practicable, create an online
interface. The Committee directs USCIS to submit an annual
report that includes: the number of H1-B visa applications
received and visas granted broken down by business size (0-25
employees, 26-50 employees, 50-100 employees, 100-500
employees, and more than 500 employees) and also expressed as a
percentage of the total; the number of H1-B visa applications
broken down by North American Industry Classification System
Code; and the number and percentage of businesses--broken down
by business size--that utilized the Premium Processing Service
and received a visa compared with those businesses that did not
utilize the service.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriations, 2013\1\................................. $228,166,000
Budget estimate, 2014................................... 240,544,000
House allowance......................................... 227,845,000
Committee recommendation................................ 227,845,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Federal Law Enforcement Training Center [FLETC]
Salaries and Expenses appropriation provides funds for basic
and some advanced training to Federal law enforcement personnel
from more than 90 agencies. This account also allows for
research of new training methodologies; provides for training
to certain State, local, and foreign law enforcement personnel
on a space-available basis; and accreditation of Federal law
enforcement training programs.
COMMITTEE RECOMMENDATIONS
The Committee recommends $227,845,000 for Salaries and
Expenses, $12,699,000 below the amount requested and $321,000
below the amount provided in fiscal year 2013. Within the funds
provided is $1,300,000 for the Federal Law Enforcement Training
Accreditation Board. The requested amount includes reductions
of $23,380,000 in identified efficiencies, an increase of
$4,500,000 to expand active shooter threat training programs,
and funds to phase-in 1,850 new CBP officers. The Committee
denies the proposed transfer of the National Computer Forensics
Institute from the U.S. Secret Service to FLETC. Funding for
this activity is retained within the U.S. Secret Service's
``Salaries and Expenses'' appropriation. The Committee also
expects the Director to maintain training at or near capacity
before entering into new leases with private contractors or
establishing new partner organizations.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2013\1\................................. $28,348,000
Budget estimate, 2014................................... 30,885,000
House allowance......................................... 30,885,000
Committee recommendation................................ 30,885,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
This account provides for the acquisition and related costs
for expansion and maintenance of facilities of the Federal Law
Enforcement Training Center. This includes construction and
maintenance of facilities and environmental compliance. The
environmental compliance funds ensure compliance with
Environmental Protection Agency and State environmental laws
and regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $30,885,000 for Acquisition,
Construction, Improvements, and Related Expenses, the same as
the President's request and $2,537,000 above the amount
provided in fiscal year 2013. Included in this amount is
$1,500,000 to support the debt services payment on the Energy
Savings Performance Contract. This contract will save FLETC an
estimated $2,000,000 by implementing a series of energy
conservation measures associated with water, lighting, heating,
and cooling. In addition, FLETC will avoid paying up to
$2,500,000 in energy costs due to the installation of
photovoltaic equipment at its Cheltenham facility.
Science and Technology
SUMMARY
The mission of Science and Technology [S&T] is to conduct,
stimulate, and enable homeland security research, development,
testing, and to facilitate the timely transition of
capabilities to Federal, State, local, and tribal end-users.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2013\1\................................. $131,826,000
Budget estimate, 2014................................... 129,608,000
House allowance......................................... 129,000,000
Committee recommendation................................ 129,000,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Management and Administration account funds salaries
and expenses related to the Office of the Under Secretary for
Science and Technology, and headquarters.
COMMITTEE RECOMMENDATIONS
The Committee recommends $129,000,000 for Management and
Administration of programs and activities carried out by S&T.
This is $608,000 below the amount requested and $2,826,000
below the amount provided in fiscal year 2013. Of this amount,
the Committee recommends not to exceed $7,650 for official
reception and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
Appropriations, 2013\1\\2\.............................. $705,791,000
Budget estimate, 2014................................... 1,397,488,000
House allowance......................................... 1,096,488,000
Committee recommendation................................ 1,089,488,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Includes emergency funding of $3,249,000 in the Disaster Relief
Appropriations Act, 2013 (division A of Public Law 113-2).
Science and Technology supports the mission of DHS through
basic and applied research, fabrication of prototypes, research
and development to mitigate the effects of weapons of mass
destruction, as well as acquiring and field testing equipment.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,089,488,000 for Research,
Development, Acquisition, and Operations of S&T. This is
$308,000,000 below the amount requested and $383,697,000 above
the amount provided in fiscal year 2013.
The Committee does not support the consolidation of all
research funding into one account, as it reduces transparency
and accountability of S&T's primary research funding.
Therefore, the Committee modifies the requested budget
structure by including the six research areas identified in the
budget request as PPAs under Research Development and
Innovation [RD&I]: Apex Research and Development [R&D]; Border
Security; Chemical, Biological, and Explosives Defense; Counter
Terrorist R&D; Cybersecurity; and Disaster Resilience.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
SCIENCE AND TECHNOLOGY-RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Research, Development, and Innovation..................... 449,960 467,000 ................
RD&I: Apex R&D............................................ ................ ................ 15,013
RD&I: Border Security..................................... ................ ................ 43,563
RD&I: Chem/Bio/Radiological/Nuclear/Explosives Defense.... ................ ................ 182,611
RD&I: Counter Terrorist R&D............................... ................ ................ 24,561
RD&I: Cybersecurity....................................... ................ ................ 74,529
RD&I: Disaster Resilience................................. ................ ................ 126,723
Laboratory Facilities (operations and construction)....... 164,714 857,785 547,785
Acquisition and Operations Support........................ 47,921 41,703 41,703
University Programs....................................... 39,947 31,000 33,000
Emergency Appropriations (Public Law 113-2)............... 3,249 ................ ................
-----------------------------------------------------
Total, Research, Development, Acquisition and 705,791 1,397,488 1,089,488
Operations.........................................
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
REPORTING REQUIREMENTS
S&T is directed to continue to provide the following:
--quarterly briefings to the Committee on the test and
evaluation status of all level 1 acquisitions;
--a report on results of its research and development for the
prior fiscal year; and
--a report on the amounts de-obligated from projects during
the prior fiscal year and to what projects those funds
were subsequently obligated.
The reports listed above are to be submitted in conjunction
with the fiscal year 2015 President's budget request. Further,
the report on the results of research and development should
detail all technologies, technology improvements, or
capabilities delivered to front line users.
APEX R&D
The recommendation continues to fund S&T's Apex Research
and Development program, which is focused on high-priority and
high-value projects needed in a short turn-around for DHS
components. Unlike other S&T research initiatives, Apex
projects are collaborative efforts between DHS component heads
and the Under Secretary for S&T. The Committee is supportive of
the Apex concept, especially since it is focused on expediting
technology solutions to the field. S&T and the partner
components are to brief the Committee no later than 60 days
after the date of enactment of this act and periodically
thereafter on: the funding allocation by project; and progress
made to field improved technologies, including a schedule for
evaluation and testing of technical solutions in relevant
operational environments.
INDUSTRY OUTREACH
The Committee is concerned that there is not a clear path
to bring innovative security technologies to the attention of
Department decision makers, which may result in creative, cost-
effective homeland security technology solutions being missed.
S&T must leverage investments made by the private sector to
speed new technologies to operational use, especially in
critical areas like border security. In consultation with the
Office of the Private Sector, S&T is to submit a report not
later than 60 days after the date of enactment of this act,
detailing efforts the agency is making to identify innovative
technologies developed by industry, other Federal agencies, and
universities that could improve the effectiveness, efficiency,
and safety of DHS missions. The report shall detail S&T's
mechanisms to reach outside of the Department to forge possible
collaborations with industry, government, and academia to meet
DHS mission needs. In addition, the report shall discuss the
ways in which companies and organizations can ``reach in'' and
present S&T with potential technologies for investment,
including the process used to determine if a technology is to
be pursued or not.
RESEARCH AND DEVELOPMENT OVERSIGHT AND COORDINATION
The Government Accountability Office reported in September
2012 (GAO-12-837) that DHS does not have a department-wide
policy defining research and development or guidance directing
components how to report R&D activities. The concern raised by
GAO is that without such guidance and direction, the Department
is unable to know its overall investment in R&D, which limits
oversight and does not allow for department-wide goals to be
properly aligned. This may result in DHS-wide R&D efforts that
are fragmented, overlapping, and duplicative. In response to
GAO's concerns, DHS indicated that it is considering a
management directive, multi-component steering committee, or
new policy guidance to better oversee and coordinate R&D.
Unfortunately, action on these efforts to date has been minimal
at best. Therefore, in accordance with GAO's recommendations,
the Committee directs DHS to implement policies and guidance
for defining and overseeing R&D department-wide no later than
120 days after the date of enactment of this act.
In an effort to assist in the coordination of R&D work
across the Department, the Committee directed DHS and S&T last
fiscal year to begin portfolio reviews of other components.
Such reviews have been effective for S&T's own R&D portfolio to
ensure that projects selected for funding are those that will
have the greatest impact and opportunity for transition to
operational use. Following the Committee's direction, the Coast
Guard was the first DHS component to implement this review
process, which will help shape and direct key technological
research within the service to bring those efforts toward
fruition. The Committee directs the Secretary to expeditiously
continue the review process with other DHS components with the
help and assistance from the Under Secretary for S&T to improve
the coordinated approach to R&D and related activities within
DHS. S&T is to brief the Committee on its schedule and plans
for future reviews within DHS no later than 120 days after the
date of enactment of this act.
DISASTER RESILIENCE
Within the $126,723,000 provided for Disaster Resilience,
the Committee encourages S&T to enhance Natural Disaster
Resiliency projects that focus on dam or levee flood simulation
and mapping systems that have demonstrated significant
potential to be utilized as an emergency management tool for
the Federal Emergency Management Agency.
CYBERSECURITY
It is essential that DHS partner with private industry to
create resilience to cyber conflict through war gaming and
cyber exercise programs. The Committee supports the continued
development of a simulation based cybersecurity exercise tool
for the financial services sector and supports the further
extension of the financial sector tool into other critical
infrastructure sectors such as energy, the defense industrial
base, transportation, and healthcare.
The Committee recognizes the cyber threats to the Nation's
electric grid and the other control systems vital to our
security and economy. In order to address this challenge, the
Committee encourages S&T, in collaboration with NPPD, to
establish operational cybersecurity research initiatives. These
initiatives should involve collaboration among academic
institutions, existing Federal research and development
organizations, and the private sector. Furthermore, the
Committee recognizes the need to conduct experiments both at
the lab scale and at real-world scale using test bed
applications to verify models using a large-scale operational
environment. The Committee urges the Department to address
research, testing and education as part of this initiative.
CANINE STANDARDS AND PROTOCOLS
Detection canine teams play a critical role in homeland
security efforts and are a key tool used by a number of
agencies within the Department. 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
inconsistencies in the quality of the canine, the handler, or
their training and deployment can significantly reduce their
effectiveness. The Committee directs S&T to work with the
National Institute of Standards and Technology [NIST] in
conjunction with subject matter experts in academia, the
private sector, and governmental stakeholders to develop
breeding, training, conditioning and deployment standards and
protocols for detection canine teams. The Committee believes
the NIST standards and protocols effort can be best informed by
a greater focus within S&T on research and development
surrounding canine detection. S&T is directed to work with
NIST, stakeholders, and institutions of higher education with
specific expertise to develop a renewed focus on canine
detection research and development that will address current
issues and concerns.
FIRST RESPONDER COMMUNICATIONS EQUIPMENT STANDARDS
S&T, in conjunction with the Director of NIST, shall
continue assessing the compliance of first responder
communication equipment with common standards for digital
public safety radio communications (Project 25 standards).
TEST AND EVALUATION [T&E]
Within the amount provided for the Acquisition and
Operations Support PPA, no less than $5,339,000 shall be for
S&T to establish policies and procedures for and to coordinate
and monitor the T&E activities across the DHS acquisition
framework. Testing and evaluation of new technologies prior to
their acquisition and deployment will, in the long-run, save
money through the prevention of wasteful spending.
LABORATORY FACILITIES
The Committee recommendation includes $547,785,000 for
Laboratory Facilities, $310,000,000 below the amount requested.
A total of $404,000,000 is provided for the National Bio-Agro
Defense Facility [NBAF]. While this amount is lower than the
budget request, it is sufficient to ensure that construction of
the facility proceeds on schedule and fully leverages the
funding contributions by the State of Kansas. NBAF will support
the complimentary missions of DHS and the United States
Department of Agriculture and serve as the Nation's primary
research facility to counter foreign animal diseases. 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.
A total of $29,250,000 is provided for infrastructure
upgrades to the Plum Island Animal Disease Center [PIADC].
While NBAF will replace PIADC, it will not become operational
for several years. As a result, it is imperative to make
critical upgrades at PIADC in order for scientists to continue
research on contagious animal diseases that have the potential
to impact America's food and livestock industries.
UNIVERSITY PROGRAMS
The Committee recommendation includes $33,000,000 for
University Programs, $2,000,000 above the amount requested. The
Office of University Programs supports critical homeland
security-related research and education at U.S. colleges and
universities to address high-priority DHS-related issues and to
enhance homeland security capabilities over the long term. The
increase above the request is for the University Centers of
Excellence program, either for existing centers or for the
establishment of a new center. The recommendation also
recognizes the requested reduction of $3,000,000 resulting from
the consolidation of the Scholars and Fellows program within
the National Science Foundation.
Domestic Nuclear Detection Office
SUMMARY
The Domestic Nuclear Detection Office [DNDO] is responsible
for development of technologies to detect and report attempts
to import, possess, store, develop, or transport nuclear and
radiological material.
COMMITTEE RECOMMENDATIONS
The Committee recommends $289,153,000 for activities of
DNDO for fiscal year 2014. This is $2,167,000 below the amount
requested and $32,230,000 below the amount provided in fiscal
year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
DOMESTIC NUCLEAR DETECTION OFFICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration............................. 39,598 37,510 37,353
Research, Development, and Operations..................... 226,529 211,210 209,200
Systems Acquisition\2\.................................... 55,256 42,600 42,600
-----------------------------------------------------
Total, Domestic Nuclear Detection Office............ 321,383 291,320 289,153
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
\2\Includes emergency funding of $3,869,000 in the Disaster Relief Appropriations Act, 2013 (division A of
Public Law 113-2).
MANAGEMENT AND ADMINISTRATION
Appropriations, 2013\1\................................. $39,598,000
Budget estimate, 2014................................... 37,510,000
House allowance......................................... 37,353,000
Committee recommendation................................ 37,353,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Management and Administration account funds salaries,
benefits, and expenses for DNDO.
COMMITTEE RECOMMENDATIONS
The Committee recommends $37,353,000 for Management and
Administration of programs and activities carried out by DNDO.
This is $157,000 below the amount requested and $2,245,000
below the amount provided in fiscal year 2013. Of this amount,
the Committee recommends not to exceed $2,250 for official
reception and representation expenses.
STRATEGIC PLAN OF INVESTMENTS
The Committee includes bill language requiring DNDO to
update its strategic plan of investments necessary to implement
the Department's responsibilities under the domestic component
of the Global Nuclear Detection Architecture. The plan is to:
--identify the various elements of the domestic architecture
and the roles and responsibilities of each Departmental
entity;
--investments being made in fiscal year 2014 and planned for
2015 to secure pathways into the United States (sea,
land, and air);
--investments necessary to close known vulnerabilities and
gaps, including associated costs and timeframes, and
estimates of feasibility and cost effectiveness; and
--how R&D funding is furthering the implementation of the
domestic architecture.
While the strategic plan of investments is to cover the
Department's implementation responsibilities, it shall include
a section on DNDO's focus on surge capabilities and the ability
of Federal, State, and local level assets to be mobilized
together to respond to suspected radiological threats.
RESEARCH, DEVELOPMENT, AND OPERATIONS
Appropriations, 2013\1\................................. $226,529,000
Budget estimate, 2014................................... 211,210,000
House allowance......................................... 211,210,000
Committee recommendation................................ 209,200,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
The Research, Development and Operations account funds the
development of nuclear detection systems and the integration
and advancement of national nuclear forensics capabilities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $209,200,000 for Research,
Development and Operations. This is $2,010,000 below the amount
requested and $17,329,000 below the amount provided in fiscal
year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
RESEARCH, DEVELOPMENT, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Systems Engineering and Architecture...................... 29,960 21,222 21,000
Systems Development....................................... 27,963 21,243 21,000
Transformational Research and Development................. 74,667 75,291 75,000
Assessments............................................... 32,956 39,918 39,300
Operations Support........................................ 35,453 30,835 30,200
National Technical Nuclear Forensics Center............... 25,530 22,701 22,700
-----------------------------------------------------
Total, Research, Development, and Operations........ 226,529 211,210 209,200
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
SEMIANNUAL BRIEFINGS
DNDO shall continue semi-annual briefings on program
updates and provide periodic updates on any new threats,
research, and studies and assessments related to the Global
Nuclear Detection Architecture. Semiannual program briefings
shall also cover emergent technology solutions being explored
by DNDO.
RADIATION PORTAL MONITORS IMPROVEMENTS
In fiscal year 2010, Congress appropriated $5,000,000 for
DNDO to improve operations and capabilities of currently
deployed polyvinyl toluene radiation portal monitors and
handheld radiation detectors, and to deploy any improvements to
the field. As a result of this funding, DNDO established a
capability development plan and initiated a trade study in
fiscal year 2012 that evaluated several algorithm improvements
and a hardware improvement. According to DNDO, preliminary
results from these efforts have shown promise and further
evaluation of various solutions are currently being evaluated
in the field. DNDO is to brief the Committee on the results of
the evaluations no later than 45 days after the date of
enactment of this act.
RADIATION PORTAL MONITORS REPLACEMENT
Radiation Portal Monitors [RPMs] that have been deployed in
the field over the past decade will start reaching the end of
their useful life in the coming years and DNDO anticipates an
increase in obsolescence. The Committee encourages DNDO to test
new radiation detection technologies that would address the
need to replace RPMs nearing the end of their service life, and
to significantly improve screening efficiency at our Nation's
ports. DNDO is to brief the Committee on its acquisition
strategy for replacing RPMs no later than 120 days after the
date of enactment of this act.
TEST AND EVALUATION
Within the funding provided, the Department is expected to
undertake a robust testing program to validate the potential
benefits of commercial systems that can detect shielded nuclear
material and have the potential to reduce the overall cost and
time it takes to scan incoming cargo for hazardous materials.
Such systems may be beneficial in addressing the 100 percent
cargo scanning requirement.
SYSTEMS ACQUISITION
Appropriations, 2013\1\\2\.............................. $55,256,000
Budget estimate, 2014................................... 42,600,000
House allowance......................................... 42,600,000
Committee recommendation................................ 42,600,000
\1\Does not reflect the March 1, 2013, sequester of funds under Public
Law 112-25.
\2\Includes emergency funding of $3,869,000 in the Disaster Relief
Appropriations Act, 2013 (division A of Public Law 113-2).
The Systems Acquisition account funds the acquisition of
equipment for front line users across the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommends $42,600,000 for Systems
Acquisition. This is the same amount as requested and
$12,656,000 below the amount provided in fiscal year 2013.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2013 and budget
request levels:
SYSTEMS ACQUISITION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2013 Fiscal year 2014 Committee
enacted\1\ budget request recommendations
----------------------------------------------------------------------------------------------------------------
Radiation Portal Monitor Program.......................... 1,353 7,000 7,000
Securing the Cities....................................... 21,971 22,000 22,000
Human Portable Radiation Detection Systems................ 28,063 13,600 13,600
Emergency Appropriations (Public Law 113-2)............... 3,869 ................ ................
-----------------------------------------------------
Total, Systems Acquisition.......................... 55,256 42,600 42,600
----------------------------------------------------------------------------------------------------------------
\1\Does not reflect the March 1, 2013, sequester of funds under Public Law 112-25.
RADIATION PORTAL MONITORS
The Committee recommendation includes $7,000,000 for the
Radiation Portal Monitor program, as requested. Funds are
provided to acquire and deploy radiation portal monitors to
ports of entry as prioritized by CBP and DNDO.
SECURING THE CITIES
The Committee recommendation includes $22,000,000 for
Securing the Cities, as requested.
HUMAN PORTABLE RADIATION DETECTION SYSTEMS
The Committee recommendation includes $13,600,000 for the
Human Portable Radiation Detection Systems program, as
requested, to support the purchase of basic handhelds,
backpacks, and personal radiation detectors for CBP, TSA, and
the Coast Guard. DNDO is to provide the Committee with a
multiyear procurement forecast and deployment schedule
associated with these funds with the budget submission.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
Section 501. The bill includes a provision that no part of
any appropriation shall remain available for obligation beyond
the current fiscal year unless expressly provided.
Section 502. The bill includes a provision that unexpended
balances of prior appropriations may be merged with new
appropriations accounts and used for the same purpose, subject
to reprogramming guidelines.
Section 503. The bill includes a provision that provides
authority to reprogram appropriations within an account and to
transfer up to 5 percent between appropriations accounts with
15-day advance notification of the Committees on
Appropriations. A detailed funding table identifying each
congressional control level for reprogramming purposes is
included at the end of this statement. These reprogramming
guidelines shall be complied with by all departmental
components funded by this act.
The Committee expects the Department to submit
reprogramming requests on a timely basis, and to provide
complete explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committees should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing (full-time equivalent) levels for
the current fiscal year and to the levels required for the
following fiscal year. The Committee continues to be
disappointed by the quality, level of detail, and timeliness of
the Department's proposed reprogrammings.
The Committee expects the Department to manage its programs
and activities within the levels appropriated. The Committee
reminds the Department that reprogramming or transfer requests
should be submitted only in the case of an unforeseeable
emergency or situation that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department submits a reprogramming or transfer request
to the Committees on Appropriations and does not receive
identical responses from the House and Senate, it is the
responsibility of the Department to reconcile the House and
Senate differences before proceeding, and if reconciliation is
not possible, to consider the reprogramming or transfer request
unapproved.
The Department shall not propose a reprogramming or
transfer of funds after June 30 unless there are extraordinary
circumstances, which place human lives or property in imminent
danger. To the extent any reprogramming proposals are required;
the Department is strongly encouraged to submit them well in
advance of the June 30 deadline.
Section 504. The bill includes a provision relating to the
Department's Working Capital Fund [WCF] that: extends the
authority of the Department's WCF in fiscal year 2014;
prohibits funds appropriated or otherwise made available to the
Department from being used to make payments to the WCF, except
for the activities and amounts allowed in the President's
fiscal year 2014 budget; makes WCF funds available until
expended; ensures departmental components are only charged for
direct usage of each WCF service; makes funds provided to the
WCF available only for purposes consistent with the
contributing component; requires the WCF to be paid in advance
or reimbursed at rates which will return the full cost of each
service; and subjects the WCF to the requirements of section
503 of this act. The WCF table included in the Department's
congressional justification accompanying the President's fiscal
year 2014 budget shall serve as the control level for
reprogramming and transfer purposes in compliance with section
503 of this act.
Section 505. The bill includes a provision that not to
exceed 50 percent of unobligated balances remaining at the end
of fiscal year 2014 from appropriations made for salaries and
expenses shall remain available through fiscal year 2015,
subject to reprogramming.
Section 506. The bill includes a provision providing that
funds for intelligence activities are specifically authorized
during fiscal year 2014 until the enactment of an act
authorizing intelligence activities for fiscal year 2014.
Section 507. The bill includes a provision requiring
notification to the Committees 3 business days before any grant
allocation, grant award, contract award (including Federal
Acquisition Regulation-covered contracts), other transaction
agreement, a task or delivery order on a DHS multiple award
contract, letter of intent, or public announcement of the
intention to make such an award totaling in excess of
$1,000,000. If the Secretary determines that compliance would
pose substantial risk to health, human life, or safety, an
award may be made without prior notification but the Committees
shall be notified within 5 full business days after such award
or letter is issued. Additionally, FEMA is required to brief
the Committees 5 full business days prior to announcing
publicly the intention to make an award under State and Local
programs. The 3-day notification also pertains to task or
delivery order awards greater than $10,000,000 from multiyear
DHS funds or a task or delivery order that would cause
cumulative obligations of multiyear funds in a single account
to exceed 50 percent of the total amount appropriated as well
as for any sole-source grant awards.
Section 508. The bill includes a provision that no agency
shall purchase, construct, or lease additional facilities for
Federal law enforcement training without the advance approval
of the Committees on Appropriations.
Section 509. The bill includes a provision that none of the
funds may be used for any construction, repair, alteration, or
acquisition project for which a prospectus, if required under
chapter 33 of title 40, United States Code, has not been
approved. The bill excludes funds that may be required for
development of a proposed prospectus.
Section 510. The bill includes a provision that
consolidates, continues, and modifies by reference prior-year
statutory bill language into one provision. These provisions
concern contracting officers' training and Federal building
energy performance. The provision strikes a permanent
requirement for a report related to Sensitive Security
Information.
Section 511. The bill includes a provision that none of the
funds may be used in contravention of the Buy American Act.
Section 512. The bill includes a provision prohibiting any
person other than the privacy officer appointed under
subsection (a) of section 222 of the Homeland Security Act of
2002 to alter, direct that changes may be made, delay, or
prohibit the transmission to Congress of any report prepared
under paragraph (6) of such subsection.
Section 513. The bill includes a provision prohibiting
funds to be used to amend the oath of allegiance required by
section 337 of the Immigration and Nationality Act (8 U.S.C.
1448).
Section 514. The bill includes a provision requiring the
Chief Financial Officer to submit monthly budget execution and
staffing reports within 30 days after the close of each month.
Section 515. The bill includes 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 or
installation of explosive detection systems, air cargo,
baggage, and checkpoint screening systems, subject to
notification. Quarterly reporting on these funds is required.
Section 516. The bill includes a provision regarding
competitive sourcing for United States Citizenship and
Immigration Services.
Section 517. The bill includes a provision requiring any
funds appropriated to Coast Guard for 110-123 foot patrol boat
conversions that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or litigation,
shall be available until expended for the Fast Response Cutter
program.
Section 518. The bill includes a provision relating to
undercover investigative operations authority of the Secret
Service.
Section 519. The bill includes a provision classifying the
functions of instructor staff at FLETC as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Section 520. The bill includes a provision requiring the
Secretary to submit a report to the OIG listing all grants or
contracts awarded by any means other than full and open
competition. The OIG is required to review the report to assess
Departmental compliance with applicable laws and regulations
and report the results to the Committees on Appropriations no
later than February 4, 2015.
Section 521. The bill includes a provision that precludes
DHS from using funds in this act to carry out reorganization
authority. This prohibition is not intended to prevent the
Department from carrying out routine or small reallocations of
personnel or functions within components of the Department,
subject to section 503 of this act.
Section 522. The bill includes a provision prohibiting the
Secretary of Homeland Security from reducing operations within
the Coast Guard's Civil Engineering Program except as
specifically authorized by a statute enacted after the date of
enactment of this act.
Section 523. The bill includes a provision prohibiting
funding to grant an immigration benefit to any individual
unless the results of background checks required by statute to
be completed prior to the grant of a benefit have been received
by DHS.
Section 524. The bill includes a provision extending other
transactional authority for DHS through fiscal year 2014.
Section 525. The bill includes a provision requiring the
Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 526. The bill includes a provision regarding
waivers of the Jones Act.
Section 527. The bill includes a provision prohibiting
funds from being used to reduce the Coast Guard's Operations
Systems Center mission or its government-employed or contract
staff.
Section 528. The bill includes a provision contained in
Public Laws 109-295, 110-161, 110-329, 111-83, 112-10, 112-74,
and 113-6 related to prescription drugs.
Section 529. The bill includes a provision prohibiting
funds to be used to conduct or implement the results of a
competition under Office of Management and Budget Circular A-76
with respect to the Coast Guard National Vessel Documentation
Center.
Section 530. The bill includes a provision requiring the
Secretary of Homeland Security, in conjunction with the
Secretary of the Treasury, to notify the Committees on proposed
transfers of surplus balances from the Department of the
Treasury Forfeiture Fund to any agency within the Department of
Homeland Security.
Section 531. The bill includes a provision prohibiting
funds from being used to plan, test, pilot, or develop a
national identification card.
Section 532. The bill includes a provision requiring the
Administrator of TSA to certify that no security risks will
result if an airport does not participate in the E-Verify
program.
Section 533. The bill includes a provision requiring a
report summarizing damage assessment information used to
determine whether to declare a major disaster.
Section 534. The bill includes a provision directing that
any official required by this act to report or certify to the
Committees on Appropriations may not delegate such authority
unless expressly authorized to do so in this act.
Section 535. The bill includes a provision extending the
risk-based security standards for chemical facilities cited in
section 550 of Public Law 109-295, as amended, for 1 year.
Section 536. The bill includes a provision extending
current law concerning individuals detained at the Naval
Station, Guantanamo Bay, Cuba.
Section 537. The bill includes a provision prohibiting
funds in this act to be used for first-class travel.
Section 538. The bill includes a provision prohibiting
funds to be used to employ workers in contravention of section
274A(h)(3) of the Immigration and Nationality Act.
Section 539. The bill includes a provision on the proper
disposal of personal information collected through the
Registered Traveler program.
Section 540. The bill includes a provision prohibiting
funds appropriated or otherwise made available by this act to
pay for award or incentive fees for contractors with below
satisfactory performance or performance that fails to meet the
basic requirements of the contract.
Section 541. The bill includes language that requires
certification that the 100 percent screening of air cargo
carried on passenger aircraft mandate contained in the 9/11 Act
has been met and biannual reports on the strategy to meet this
mandate if certification does not occur 180 days after the date
of enactment of this act.
Section 542. The bill includes language that requires the
Secretary to ensure screening of passengers and crews for
transportation and national security purposes are consistent
with applicable laws, regulations, and guidance on privacy and
civil liberties.
Section 543. The bill includes a provision directing
$5,000,000 in Immigration Examination Fees for the purpose of
providing immigrant integration grants in fiscal year 2014.
Section 544. The bill includes a provision providing some
flexibility to the Department for financing a response to an
immigration emergency.
Section 545. The bill includes a provision prohibiting
funds appropriated or otherwise made available by this act for
DHS to enter into a Federal contract unless the contract meets
requirements of the Federal Property and Administrative
Services Act of 1949 or chapter 137 of title 10 U.S.C., and the
Federal Acquisition Regulation, unless the contract is
otherwise authorized by statute without regard to this section.
Section 546. The bill includes a provision allowing the
Secretary to transfer data center migration funds made
available by this act between appropriations for the same
purpose after notifying the Committees 15 days in advance. The
bill provides an additional $54,200,000 for data center
migration activities to be allocated by the Secretary pursuant
to this section.
Section 547. The bill provides a total of $43,300,000 for
consolidation of a new DHS headquarters at St. Elizabeths and
consolidation of mission support.
Section 548. The bill includes a provision permitting the
Department to sell ICE-owned detention facilities and use the
proceeds from any sale for improvement to other facilities. ICE
is required to notify the Committees on Appropriations 15 days
prior to announcing any sale.
Section 549. The Committee, in recognition of on-going
fiscal distress in local communities, provides the Secretary
with discretion to waive certain requirements of the Federal
Fire Prevention and Control Act of 1974, including a provision
which allows grants to be used to retain firefighters, instead
of only for increasing the number of firefighters. The
Committee expects that the Secretary will take into
consideration economic hardship when exercising the waiver
authority.
Section 550. The bill includes a provision prohibiting the
availability of funds in this act for the Association of
Community Organizations for Reform Now [ACORN] and its
affiliated organizations.
Section 551. The bill includes language directing CBP, ICE,
United States Secret Service and the Office of Biometric
Identity Management to submit a multiyear investment and
management plan for all information technology programs and
procurements.
Section 552. The bill includes language stating that the
Secretary shall ensure enforcement of all immigration laws.
Section 553. The bill includes a provision regarding
Federal network security.
Section 554. The bill includes a provision regarding
restrictions on electronic access to pornography, except for
law enforcement purposes.
Section 555. The bill includes a provision requested
authorizing CBP to enter into not more than five reimbursable
fee agreements for the provision of CBP services and any other
costs incurred by CBP relating to such services. Current
statutory limitations on CBP's authority to receive outside
funding, except in narrowly defined instances, have prevented
CBP from receiving reimbursement from private sector and
international, State, and local partners. Only payment of
overtime can be reimbursed at air facilities. No authority in
this section can be used to provide CBP services outside of the
United States. Funds collected pursuant to this section shall
be deposited as offsetting collections and remain available
until expended, without fiscal year limitation. They can be
used to pay for any expenses incurred by CBP in providing CBP
services and any other costs incurred by CBP relating to such
services.
The Committee expects this provision to be used on a
limited basis, noting that when it is exercised, CBP should
deduct user fees collected from the total amount charged for
services so not to be compensated twice per inspection. CBP
shall notify the relevant Committees 15 days before entering
into such agreement and shall provide semiannual reports to the
Committees on Appropriations on each request received, the
reasons for its approval or denial, the anticipated and actual
revenue received, and the service provided, including number of
CBP officers funded. Language is included prohibiting the CBP
Commissioner from entering into an agreement if it would
negatively impact or alter services at an existing facility.
Section 556. The bill includes a provision regarding the
transfer of an operable firearm by a Federal law enforcement
officer to an agent of a drug cartel.
Section 557. The bill includes a provision prohibiting any
funds from this or any other Act to be used for creation of the
National Preparedness Grant Program or any successor grant
program unless explicitly authorized by Congress.
Section 558. The bill includes a provision prohibiting
funds made available by this act to reimburse any Federal
department or agency for its participation in a NSSE.
Section 559. The bill includes language regarding the
number of employees permitted to attend international
conferences.
Section 560. The bill includes a provision requiring the
Secretary to submit annual reports to the DHS OIG on costs and
contract procedures related to conferences costing in excess of
$100,000. In addition, the OIG shall be notified within 15 days
after the date of the conference being held for which the costs
exceed $20,000.
Section 561. A provision is included related to section
1308(h) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015 (h)).
Section 562. A provision is included establishing a pilot
program for relocation of certain facilities subject to flood
risk.
Section 563. The bill includes a provision pertaining to
the temporary re-employment of administrative law judges for
arbitration dispute resolution.
Section 564. The bill includes a provision clarifying that
fees collected pursuant to Columbia Free Trade Agreement are
available until expended.
Section 565. The bill includes a provision related to the
immigration user fee.
Section 566. The bill includes a provision on donations for
land ports of entry facilities.
Section 567. The bill includes a provision that prohibits
the collection of new land border fees or the study of the
imposition of such border fee.
Section 568. The bill includes a provision modifying the
Visa Waiver Program to permit the entry of additional member
countries based on adjusting the criteria for visa refusal
rates if a country has a low visa overstay rate while
maintaining the security requirements of the Visa Waiver
Program.
Section 569. The bill includes a provision that allows the
Commissioner of CBP to waive a reimbursement claim from 2009
for the Office of the Federal Coordinator for Gulf Coast
Rebuilding.
Section 570. The bill includes a provision rescinding
unobligated balances of prior year appropriations from the
Coast Guard, Transportation Security Administration, and U.S.
Customs and Border Protection.
Section 571. The bill includes rescissions of prior year
balances from funds transferred to the Department when it was
created in 2003.
Section 572. The bill rescinds $100,000,000 from the
unobligated balances in the Department of the Treasury
Forfeiture Fund.
PROGRAM, PROJECT, AND ACTIVITY
In fiscal year 2014, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
as amended, the following information provides the definition
of the term ``program, project, and activity'' for the
components of the Department of Homeland Security under the
jurisdiction of the Homeland Security Subcommittee of the
Committee on Appropriations. The term ``program, project, and
activity'' shall include the most specific level of budget
items identified in the Department of Homeland Security
Appropriations Act, 2014, the House and Senate Committee
reports, and the conference report and the accompany joint
explanatory statement of the managers of the committee of
conference.
If a percentage reduction is necessary, in implementing
that reduction, components of the Department of Homeland
Security shall apply any percentage reduction required for
fiscal year 2014 to all items specified in the justifications
submitted to the Committees on Appropriations of the Senate and
the House of Representatives in support of the fiscal year 2014
budget estimates, as amended, for such components, as modified
by congressional action.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports
accompanying general appropriations bills identify each
recommended amendment which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2014:
U.S. Customs and Border Protection: Salaries and Expenses;
Automation Modernization; Border Security Fencing,
Infrastructure, and Technology; Air and Marine Operations; and
Construction and Facilities Management.
U.S. Immigration and Customs Enforcement: Salaries and
Expenses; Automation Modernization; and Construction.
Transportation Security Administration: Aviation Security;
Surface Transportation Security; Transportation Threat
Assessment and Credentialing; Transportation Security Support;
and Federal Air Marshals.
Coast Guard: Operating Expenses; Environmental Compliance
and Restoration; Reserve Training; Acquisition, Construction,
and Improvements; Research, Development, Test, and Evaluation;
and Retired Pay.
United States Secret Service: Salaries and Expenses and
Acquisition, Construction, Improvements and Related Expenses.
National Protection and Programs Directorate: Management
and Administration
Office of Health Affairs
Federal Emergency Management Agency: Salaries and Expenses;
State and Local Programs; Emergency Management Performance
Grants; and Disaster Relief Fund.
United States Citizenship and Immigration Services.
COMPLIANCE WITH PARAGRAPH 7(c), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, on July 18, 2013,
the Committee ordered favorably reported, en bloc, an original
bill (S. 1329) making appropriations for the Departments of
Commerce and Justice, and Science, and Related Agencies for the
fiscal year ending September 30, 2014, and for other purposes,
and a bill (H.R. 2217) making appropriations for the Department
of Homeland Security for the year ending September 30, 2014,
and for other purposes, with an amendment in the nature of a
substitute, provided, that each bill be subject to amendment,
or further amendment, and that each bill be consistent with the
subcommittee funding guidance, by a recorded vote of 21-9, a
quorum being present. The vote was as follows:
Yeas Nays
Chairwoman Mikulski Mr. Shelby
Mr. Leahy Mr. McConnell
Mr. Harkin Mr. Alexander
Mrs. Murray Mr. Graham
Mrs. Feinstein Mr. Coats
Mr. Durbin Mr. Blunt
Mr. Johnson Mr. Hoeven
Ms. Landrieu Mr. Johanns
Mr. Reed Mr. Boozman
Mr. Pryor
Mr. Tester
Mr. Udall
Mrs. Shaheen
Mr. Merkley
Mr. Begich
Mr. Coons
Mr. Cochran
Ms. Collins
Ms. Murkowski
Mr. Kirk
Mr. Moran
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, changes in existing law
proposed to be made by the bill are shown as follows: existing
law to be omitted is enclosed in black brackets; new matter is
printed in italic; and existing law in which no change is
proposed is shown in roman.
TITLE 6--DOMESTIC SECURITY
Chapter 1--Homeland Security Organization
Subchapter VIII--Coordination With Non-Federal Entities; Inspector
General; United States Secret Service; Coast Guard; General Provisions
PART D--ACQUISITIONS
Sec. 391. Research and development projects
(a) Authority
[Until September 30, 2013] Until 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:
* * * * * * *
(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--
------
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part II--Admission Qualifications For Aliens; Travel Control of
Citizens and Aliens
Sec. 1187. Visa waiver program for certain visitors
(a) Establishment of program
The [Attorney General] Secretary of Homeland Security and
the Secretary of State are authorized to establish a program
(hereinafter in this section referred to as the ``program'')
under which the requirement of paragraph (7)(B)(i)(II) of
section 1182(a) of this title may be waived by the [Attorney
General] Secretary of Homeland Security, in consultation with
the Secretary of State and in accordance with this section, in
the case of an alien who meets the following requirements:
* * * * * * *
(1) Seeking entry as tourist for 90 days or less
* * * * * * *
(4) Executes immigration forms
The alien before the time of such admission
completes such immigration form as the [Attorney
General] Secretary of Homeland Security shall
establish.
(5) Entry into the United States
If arriving by sea or air, the alien arrives at the
port of entry into the United States on a carrier,
including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations\1\ which
has entered into an agreement with the [Attorney
General] Secretary of Homeland Security pursuant to
subsection (e) of this section. The [Attorney General]
Secretary of Homeland Security is authorized to require
a carrier conducting operations under part 135 of title
14, Code of Federal Regulations, or a domestic
corporation conducting operations under part 91 of that
title, to give suitable and proper bond, in such
reasonable amount and containing such conditions as the
[Attorney General] Secretary of Homeland Security may
deem sufficient to ensure compliance with the
indemnification requirements of this section, as a term
of such an agreement.
---------------------------------------------------------------------------
\1\So in original. Probably should be followed by a comma.
* * * * * * *
---------------------------------------------------------------------------
(8) Round-trip ticket
The alien is in possession of a round-trip
transportation ticket (unless this requirement is
waived by the [Attorney General] Secretary of Homeland
Security under regulations or the alien is arriving at
the port of entry on an aircraft operated under part
135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations).
* * * * * * *
(10) Electronic transmission of identification
information
Operators of aircraft under part 135 of title 14,
Code of Federal Regulations, or operators of
noncommercial aircraft that are owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations, carrying
any alien passenger who will apply for admission under
this section shall furnish such information as the
[Attorney General] Secretary of Homeland Security by
regulation shall prescribe as necessary for the
identification of any alien passenger being transported
and for the enforcement of the immigration laws. Such
information shall be electronically transmitted not
less than one hour prior to arrival at the port of
entry for purposes of checking for inadmissibility
using the automated electronic database.
(c) Designation of program countries
[(1) In general
[The [Attorney General] Secretary of Homeland
Security, in consultation with the Secretary of State,
may designate any country as a program country if it
meets the requirements of paragraph (2).]
(1) Authority to designate; definitions.--
(A) Authority to designate.--The Secretary
of Homeland Security, in consultation with the
Secretary of State, may designate any country
as a program country if that country meets the
requirements under paragraph (2).
(B) Definitions.--In this subsection:
(i) Appropriate congressional
committees.--The term ``appropriate
congressional committees'' means--
(I) the Committee on
Appropriations, the Committee
on Foreign Relations, the
Committee on Homeland Security
and Governmental Affairs, and
the Committee on the Judiciary
of the Senate; and
(II) the Committee on
Appropriations, the Committee
on Foreign Affairs, the
Committee on Homeland Security,
and the Committee on the
Judiciary of the House of
Representatives.
(ii) Overstay rate.--
(I) Initial designation.--
The term ``overstay rate''
means, with respect to a
country being considered for
designation in the program, the
ratio of--
(aa) the number of
nationals of that
country who were
admitted to the United
States on the basis of
a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during a
fiscal year but who
remained unlawfully in
the United States
beyond such periods; to
(bb) the number of
nationals of that
country who were
admitted to the United
States on the basis of
a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during that
fiscal year.
(II) Continuing
designation.--The term
``overstay rate'' means, for
each fiscal year after initial
designation under this section
with respect to a country, the
ratio of--
(aa) the number of
nationals of that
country who were
admitted to the United
States under this
section or on the basis
of a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during a
fiscal year but who
remained unlawfully in
the United States
beyond such periods; to
(bb) the number of
nationals of that
country who were
admitted to the United
States under this
section or on the basis
of a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during that
fiscal year.
(III) Computation of
overstay rate.--In determining
the over stay rate for a
country, the Secretary of
Homeland Security may utilize
information from any available
databases to ensure the
accuracy of such rate.
(iii) Program country.--The term
``program country'' means a country
designated as a program country under
subparagraph (A).
[(2) Qualifications
[Except as provided in subsection (f) of this
section, a country may not be designated as a program
country unless the following requirements are met:
[(A) Low nonimmigrant visa refusal rate
[Either--
[(i) the average number of refusals
of nonimmigrant visitor visas for
nationals of that country during--
[(I) the two previous full
fiscal years was less than 2.0
percent of the total number of
nonimmigrant visitor visas for
nationals of that country which
were granted or refused during
those years; and
[(II) either of such two
previous full fiscal years was
less than 2.5 percent of the
total number of nonimmigrant
visitor visas for nationals of
that country which were granted
or refused during that year;
[(ii) such refusal rate for
nationals of that country during the
previous full fiscal year was less than
3.0 percent.]
(A) General numerical limitations.--
(i) Low nonimmigrant visa refusal
rate.--The percentage of nationals of
that country refused nonimmigrant visas
under section 101(a)(15)(B) during the
previous full fiscal year was not more
than 3 percent of the total number of
nationals of that country who were
granted or refused nonimmigrant visas
under such section during such year.
(ii) Low nonimmigrant overstay
rate.--The overstay rate for that
country was not more than 3 percent
during the previous fiscal year.
* * * * * * *
[(C) Law enforcement and security interests
[The [Attorney General] Secretary of
Homeland Security, in consultation with the
Secretary of State--
[(i) evaluates the effect that the
country's designation would have on the
law enforcement and security interests
of the United States (including the
interest in enforcement of the
immigration laws of the United States
and the existence and effectiveness of
its agreements and procedures for
extraditing to the United States
individuals, including its own
nationals, who commit crimes that
violate United States law);
[(ii) determines that such
interests would not be compromised by
the designation of the country; and
[(iii) submits a written report to
the [Committee on the Judiciary and the
Committee on International Relations of
the House of Representatives and the
Committee on the Judiciary and the
Committee on Foreign Relations of the
Senate] appropriate congressional
committees regarding the country's
qualification for designation that
includes an explanation of such
determination.]
* * * * * * *
[(3) Continuing and subsequent qualifications
[For each fiscal year after the initial period--
[(A) Continuing qualification
[In the case of a country which was a
program country in the previous fiscal year, a
country may not be designated as a
programcountry unless the sum of--
[(i) the total of the number of
nationals of that country who were
denied admission at the time of arrival
or withdrew their application for
admission during such previous fiscal
year as a nonimmigrant visitor, and
[(ii) the total number of nationals
of that country who were admitted as
nonimmigrant visitors during such
previous fiscal year and who violated
the terms of such admission, was less
than 2 percent of the total number of
nationals of that country who applied
for admission as nonimmigrant visitors
during such previous fiscal year.
[(B) New countries
[In the case of another country, the
country may not be designated as a program
country unless the following requirements are
met:
[(i) Low nonimmigrant visa refusal rate
in previous 2-year period
[The average number of refusals of
nonimmigrant visitor visas for
nationals of that country during the
two previous full fiscal years was less
than 2 percent of the total number of
nonimmigrant visitor visas for
nationals of that country which were
granted or refused during those years.
[(ii) Low nonimmigrant visa refusal
rate in each of the 2 previous years
The average number of refusals of
nonimmigrant visitor visas for
nationals of that country during either
of such two previous full fiscal years
was less than 2.5 percent of the total
number of nonimmigrant visitor visas
for nationals of that country which
were granted or refused during that
year.]
(3) Qualification criteria.--After the initial
period, a country may not be designated as a program
country unless the Secretary of Homeland Security, in
consultation with the Secretary of State, determines,
pursuant to the requirements under paragraph (5), that
the designation will be continued.
* * * * * * *
(5) Written reports on continuing qualification;
designation terminations
(A) Periodic evaluations
(i) In general
* * * * * * *
(I) * * *
[(II) shall determine,
based upon the evaluation in
subclause (I), whether any such
designation ought to be
continued or terminated under
subsection (d) of this
section;]
(II) shall determine, based
upon the evaluation in
subclause (I), whether any such
designation under subsection
(d) or (f), or probation under
subsection (f), ought to be
continued or terminated;
(III) shall submit a
written report to the
[Committee on the Judiciary,
the Committee on Foreign
Affairs, and the Committee on
Homeland Security, of the House
of Representatives and the
Committee on the Judiciary, the
Committee on Foreign Relations,
and the Committee on Homeland
Security and Governmental
Affairs of the Senate]
appropriate congressional
committees regarding the
continuation or termination of
the country's designation that
includes an explanation of such
determination andthe effects
described in subclause (I); and
* * * * * * *
[(6) Computation of visa refusal rates
[For purposes of determining the eligibility of a
country to be designated as a program country, the
calculation of visa refusal ratesshall not include any
visa refusals which incorporate any procedures based
on, or are otherwise based on, race, sex, or
disability, unlessotherwise specifically authorized by
law or regulation. No court shall have jurisdiction
under this paragraph to review any visa refusal,the
denial of admission to the United States of any alien
by the [Attorney General] Secretary of Homeland
Security, the Secretary's computation of the visa
refusal rate, or the designation or nondesignation of
any country.]
(6) Computation of visa refusal rates and judicial
review.--
(A) Computation of visa refusal rates.--For
purposes of determining the eligibility of a
country to be designated as a program country,
the calculation of visa refusal rates shall not
include any visa refusals which incorporate any
procedures based on, or are otherwise based on,
race, sex, or disability, unless otherwise
specifically authorized by law or regulation.
(B) Judicial review.--No court shall have
jurisdiction under this section to review any
visa refusal, the Secretary of State's
computation of a visa refusal rate, the
Secretary of Homeland Security's computation of
an overstay rate, or the designation or
nondesignation of a country as a program
country.
(7) Visa [waiver information] waiver information.--In
refusing
[(A) In general]
[In refusing] the application of nationals
of a program country for United States visas,
or the applications of nationals of a
countryseeking entry into the visa waiver
program, a consular officer shall not knowingly
or intentionally classify the refusal of the
visa under a category that is not included in
the calculation of the visa refusal rate only
so that the percentage of that country's visa
refusals is less than the percentage limitation
applicable to qualification for participation
in the visa waiver program.
* * * * * * *
[(D) Consideration of countries in the visa
waiver program
[Upon notification to the [Attorney
General] Secretary of Homeland Security that a
country is under consideration for inclusion in
the visa waiver program, the Secretary of State
shall provide all of the information described
in subparagraph (B) to the [Attorney General]
Secretary of Homeland Security.
[(E) Definition
[In this paragraph, the term ``appropriate
congressional committees'' means the Committee
on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on
the Judiciary and the Committee on
International Relations of the House of
Representatives.]
[(8) Nonimmigrant visa refusal rate flexibility
[(A) Certification
[(i) In general
[On the date on which an air exit
system is in place that can verify the
departure of not less than 97 percent
of foreign nationalswho exit through
airports of the United States and the
electronic travel authorization system
required under subsection (h)(3) is
fully operational, the Secretary of
Homeland Security shall certify to
Congress that such air exit system and
electronic travel authorization system
are in place.
[(ii) Notification to Congress
[The Secretary shall notify
Congress in writing of the date on
which the air exit system under clause
(i) fully satisfies the biometric
requirements specified in subsection
(i).
[(iii) Temporary suspension of waiver
authority
[Notwithstanding any certification
made under clause (i), if the Secretary
has not notified Congress in accordance
with clause (ii) by June 30, 2009, the
Secretary's waiver authority under
subparagraph (B) shall be suspended
beginning on July 1, 2009, until such
time as the Secretary makes such
notification.
[(iv) Rule of construction
[Nothing in this paragraph shall be
construed as in any way abrogating the
reporting requirements under subsection
(i)(3).
[(B) Waiver
[After certification by the Secretary under
subparagraph (A), the Secretary, in
consultation with the Secretary of State, may
waive the application of paragraph (2)(A) for a
country if--
[(i) the country meets all security
requirements of this section; (ii) the
Secretary of Homeland Security
determines that the totality of the
country's security risk mitigation
measures provide assurance that the
country's participation in the program
would not compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States;
[(ii) the Secretary of Homeland
Security determines that the totality
of the country's security risk
mitigation measures provide assurance
that the country's participation in the
program would not compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States;
[(iii) there has been a sustained
reduction in the rate of refusals for
nonimmigrant visas for nationals of the
country and conditionsexist to continue
such reduction;
[(iv) the country cooperated with
the Government of the United States on
counterterrorism initiatives,
information sharing, and preventing
terrorist travel before the date of its
designation as a program country, and
the Secretary of Homeland Security and
the Secretary of State determine that
such cooperation will continue;and
[(v)(I) the rate of refusals for
nonimmigrant visitor visas for
nationals of the country during the
previous full fiscal year was not more
than ten percent; or
[(II) the visa overstay rate for
the country for the previous full
fiscal year does not exceed the maximum
visa overstay rate, once such rate is
established under subparagraph (C).
[(C) Maximum visa overstay rate
[(i) Requirement to establish
[After certification by the
Secretary under subparagraph (A), the
Secretary and the Secretary of State
jointly shall use informationfrom the
air exit system referred to in such
subparagraph to establisha maximum visa
overstay rate for countries
participating in the program pursuant
to a waiver under subparagraph (B). The
Secretary of Homeland Security shall
certify to Congress that such rate
wouldnot compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States.
[(ii) Visa overstay rate defined In
this paragraph the term ``visa overstay
rate'' means, with respect to a
country, the ratio of--
[(I) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa whose periods
of authorized stays ended
during a fiscal year but who
remained unlawfully in the
United States beyond such
periods; to
[(II) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa during that
fiscal year.
[(iii) Report and publication
[The Secretary of Homeland Security
shall on the same date submit to
Congress and publish in the Federal
Register information relating to the
maximum visa overstay rate established
under clause (i). Not later than 60
days after such date, the Secretary
shall issue a final maximum visa
overstay rate above which a country may
not participate in the program.]
(8) Waiver authority.--The Secretary of
Homeland Security, in consultation with the
Secretary of State, may waive the application
of paragraph (2)(A)(i) for a country if--
(A) the country meets all other
requirements of paragraph (2);
(B) the Secretary of Homeland Security
determines that the totality of the country's
security risk mitigation measures provide
assurance that the country's participation in
the program would not compromise the law
enforcement, security interests, or enforcement
of the immigration laws of the United States;
(C) there has been a general downward trend
in the percentage of nationals of the country
refused nonimmigrant visas under section
101(a)(15)(B);
(D) the country consistently cooperated
with the Government of the United States on
counterterrorism initiatives, information
sharing, preventing terrorist travel, and
extradition of the country's nationals to the
United States before the date of its
designation as a program country, and the
Secretary of Homeland Security and the
Secretary of State assess that such cooperation
is likely to continue;
(E) the percentage of nationals of the
country refused a nonimmigrant visa under
section 101(a)(15)(B) during the previous full
fiscal year was not more than 10 percent of the
total number of nationals of that country who
were granted or refused such nonimmigrant
visas; and
(F) Effective period.--The amendments made
by this subsection shall be in effect during
the period beginning of the date of enactment
of this Act and ending on September 30, 2015.
* * * * * * *
(e) Carrier agreements
(1) In general
The agreement referred to in subsection (a)(4) of
this section is an agreement between a carrier
(including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a
domestic corporation conducting operations under part
91 of that title and the [Attorney General] Secretary
of Homeland Security under which the carrier (including
any carrier conducting operations under part 135 of
title 14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that
title agrees, in consideration of the waiver of the
visa requirement with respect to a nonimmigrant visitor
under the program--
(A) * * *
* * * * * * *
(C) to be subject to the imposition of fines
resulting from the transporting into the United
States of a national of a designatedcountry
without a passport pursuant to regulations
promulgated by the [Attorney General] Secretary
of Homeland Security, and
* * * * * * *
(2) Termination of agreements
The [Attorney General] Secretary of Homeland
Security may terminate an agreement under paragraph (1)
with five days' notice to the carrier (including any
carrier conducting operations under part 135 of title
14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that
title for the failure by a carrier (including any
carrier conducting operations under part 135 of title
14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that
title to meet the terms of such agreement.
(3) Business aircraft requirements
(A) In general
For purposes of this section, a domestic
corporation conducting operations under part 91
of title 14, Code of Federal Regulations\2\
that owns or operates a noncommercial aircraft
is a corporation that is organized under the
laws of any of the States of the United States
or the District of Columbia and is accredited
by or a member of a national organization that
sets business aviation standards. The Attorney
General shall prescribe by regulation the
provision of such information as the [Attorney
General] Secretary of Homeland Security deems
necessary to identify the domestic corporation,
its officers, employees, shareholders, its
place of business, and its business activities.
---------------------------------------------------------------------------
\2\So in original. Probably should be followed by a comma.
---------------------------------------------------------------------------
(B) Collections
In addition to any other fee authorized by
law, the [Attorney General] Secretary of
Homeland Security is authorized to charge and
collect, on a periodic basis, an amount from
each domestic corporation conducting operations
under part 91 of title 14, Code of Federal
Regulations, for nonimmigrant visa waiver
admissions on noncommercial aircraft owned or
operated by such domestic corporation equal to
the total amount of fees assessed for issuance
of nonimmigrant visa waiver arrival/departure
forms at land border ports of entry. All fees
collected under this paragraph shall be
deposited into the Immigration User Fee Account
established under section 1356(h) of this
title.
[(f) Duration and termination of designation
[(1) In general
[(A) Determination and notification of
disqualification rate
[Upon determination by the [Attorney
General] Secretary of Homeland Security that a
program country's disqualification rate is 2
percent or more, the Attorney General shall
notify the Secretary of State.
[(B) Probationary status
[If the program country's disqualification
rate is greater than 2 percent but less than
3.5 percent, the [Attorney General] Secretary
of Homeland Security shall place the program
country in probationary status for a period not
to exceed 2 full fiscal yearsfollowing the year
in which the determination under subparagraph
(A) is made.
[(C) Termination of designation
[Subject to paragraph (3), if the program
country's disqualification rate is 3.5 percent
or more, the [Attorney General] Secretary of
Homeland Security shall terminate the country's
designation as a program country effective at
the beginning of the second fiscal year
following the fiscal year in which the
determination under subparagraph (A) is made.
[(2) Termination of probationary status
[(A) In general
If the [Attorney General] Secretary of
Homeland Security determines at the end of the
probationary period described in paragraph
(1)(B) that the program country placed in
probationary status under such paragraph has
failed to develop a machine-readable passport
program as required by section\3\ (c)(2)(C) of
this section, or has a disqualification rate of
2 percent or more, the [Attorney General]
Secretary of Homeland Security shall terminate
the designation of the country as a program
country. If the [Attorney General] Secretary of
Homeland Security determines that the program
country has developed a machine-readable
passport program and has a disqualification
rate of less than 2 percent, the [Attorney
General] Secretary of Homeland Security shall
redesignate the country as a program country.]
---------------------------------------------------------------------------
\3\So in original. Probably should be ``subsection''.
---------------------------------------------------------------------------
(f) Termination of Designation; Probation.--
(1) Definitions.--In this subsection:
(A) Probationary period.--The term
``probationary period'' means the fiscal year
in which a probationary country is placed in
probationary status under this subsection.
(B) Program country.--The term ``program
country'' has the meaning given that term in
subsection (c)(1)(B).
(2) Determination, notice, and initial probationary
period.--
(A) Determination of probationary status
and notice of noncompliance.--As part of each
program country's periodic evaluation required
by subsection (c)(5)(A), the Secretary of
Homeland Security shall determine whether a
program country is in compliance with the
program requirements under subparagraphs
(A)(ii) through (F) of subsection (c)(2).
(B) Initial probationary period.--If the
Secretary of Homeland Security determines that
a program country visa is not in compliance
with the program requirements under
subparagraphs (A)(ii) through (F) of subsection
(c)(2), the Secretary of Homeland Security
shall place the program country in probationary
status for the fiscal year following the fiscal
year in which the periodic evaluation is
completed.
(3) Actions at the end of the initial probationary
period.--At the end of the initial probationary period
of a country under paragraph (2)(B), the Secretary of
Homeland Security shall take one of the following
actions:
(A) Compliance during initial probationary
period.--If the Secretary determines that all
instances of noncompliance with the program
requirements under subparagraphs (A)(ii)
through (F) of subsection (c)(2) that were
identified in the latest periodic evaluation
have been remedied by the end of the initial
probationary period, the Secretary shall end
the country's probationary period.
(B) Noncompliance during initial
probationary period.--If the Secretary
determines that any instance of noncompliance
with the program requirements under
subparagraphs (A)(ii) through (F) of subsection
(c)(2) that were identified in the latest
periodic evaluation has not been remedied by
the end of the initial probationary period--
(i) the Secretary may terminate the
country's participation in the program;
or
(ii) on an annual basis, the
Secretary may continue the country's
probationary status if the Secretary,
in consultation with the Secretary of
State, determines that the country's
continued participation in the program
is in the national interest of the
United States.
(4) Actions at the end of additional probationary
periods.--At the end of all probationary periods
granted to a country pursuant to paragraph (3)(B)(ii),
the Secretary shall take 1 of the following actions:
(A) Compliance during additional period.--
The Secretary shall end the country's
probationary status if the Secretary determines
during the latest periodic evaluation required
by subsection (c)(5)(A) that the country is in
compliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection
(c)(2).
(B) Noncompliance during additional
periods.--The Secretary shall terminate the
country's participation in the program if the
Secretary determines during the latest periodic
evaluation required by subsection (c)(5)(A)
that the program country continues to be in
noncompliance with the program requirements
under subparagraphs (A)(ii) through (F) of
subsection (c)(2).
(5) Effective date.--The termination of a country's
participation in the program under paragraph (3)(B) or
(4)(B) shall take effect on the first day of the first
fiscal year following the fiscal year in which the
Secretary determines that such participation shall be
terminated. Until such date, nationals of the country
shall remain eligible for a waiver under subsection
(a).
(6) Treatment of nationals after termination.--For
purposes of this subsection and subsection (d)--
(A) nationals of a country whose
designation is terminated under paragraph (3)
or (4) shall remain eligible for a waiver under
subsection (a) until the effective date of such
termination; and
(B) a waiver under this section that is
provided to such a national for a period
described in subsection (a)(1) shall not, by
such termination, be deemed to have been
rescinded or otherwise rendered invalid, if the
waiver is granted prior to such termination.
(7) Consultative role of the secretary of state.--
In this subsection, references to subparagraphs (A)(ii)
through (F) of subsection (c)(2) and subsection
(c)(5)(A) carry with them the consultative role of the
Secretary of State as provided in those provisions.
* * * * * * *
(h) Use of information technology systems
(1) Automated entry-exit control system
(A) System
Not later than October 1, 2001, the
[Attorney General] Secretary of Homeland
Security shall develop and implement a fully
automated entry and exit control system that
will collect a record of arrival and departure
for every alien who arrives and departs by sea
or air at a port of entry into the United
States and is provided a waiver under the
program.
* * * * * * *
(i) Data collection by carriers
* * * * * * *
(ii) Data provision by carriers
Not later than October 1, 2002, no
waiver may be provided under this
section to an alien arriving by sea or
air at a port ofentry into the United
States on a carrier unless the carrier
is electronically transmitting to the
automated entry and exit control system
passenger data determined by the
[Attorney General] Secretary of
Homeland Security to be sufficient to
permit the [Attorney General] Secretary
of Homeland Security to carry out this
paragraph.
(iii) Calculation
The system shall contain sufficient
data to permit the [Attorney General]
Secretary of Homeland Security to
calculate, for each program country and
each fiscal year, the portion of
nationals of that country who are
described in subparagraph (A) and for
whom no record of departure exists,
expressed as a percentage of the total
number of such nationals who are so
described.
(C) Reporting
(i) Percentage of nationals lacking
departure record
As part of the annual report
required to be submitted under section
1365a(e)(1) of this title, the
[Attorney General] Secretary of
Homeland Security shall include a
section containing the calculation
described in subparagraph (B)(iii) for
each program country for the previous
fiscal year, together with an analysis
of that information.
(ii) System effectiveness
* * * * * * *
(I) The conclusions of the
[Attorney General] Secretary of
Homeland Security regarding the
effectiveness of the automated
entry and exit control system
to be developed and implemented
under this paragraph.
(II) The recommendations of
the [Attorney General]
Secretary of Homeland Security
regarding the use of the
calculation described in
subparagraph (B)(iii) as a
basis for evaluating whether to
terminate or continue the
designation of a country as a
program country.
* * * * * * *
(2) Automated data sharing system
(A) System
The [Attorney General] Secretary of
Homeland Security and the Secretary of State
shall develop and implement an automated data
sharing system that will permit them to share
data in electronic form from their respective
records systems regarding the admissibility of
aliens who are nationals of a program country.
(B) Requirements
* * * * * * *
(i) * * *
* * * * * * *
(ii) Supplying photographs of
inadmissible aliens
The system shall permit the
[Attorney General] Secretary of
Homeland Security electronically to
obtain any photograph contained in the
records of the Secretary of State
pertaining to an alien who is a
national of a program country and has
been determined to be ineligible to
receive a visa.
------
TITLE 42--THE PUBLIC HEALTH AND WELFARE
Chapter 46--Justice System Improvement
Subchapter VII--FBI Training of State and Local Criminal Justice
Personnel
Sec. 3771. Training and manpower development
(a) Functions, powers, and duties of Director of Federal Bureau
of Investigation
* * * * * * *
Employment of Annuitants by Federal Law Enforcement Training Center
Pub. L. 107-206, title I, Sec. 1202, Aug. 2, 2002, 116
Stat. 887, as amended by Pub. L. 109-295, title IV, Oct. 4,
2006, 120 Stat. 1374; Pub. L. 110-161, div. E, title IV, Dec.
26, 2007, 121 Stat. 2068; Pub. L. 110-329, div. D, title IV,
Sept. 30, 2008, 122 Stat. 3677; Pub. L. 111-83, title IV, Oct.
28, 2009, 123 Stat. 2166; Pub. L. 112-74, div. D, title IV,
Dec. 23, 2011, 125 Stat. 966, provided that:
(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.
------
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2002, PUBLIC LAW 107-77
TITLE I--DEPARTMENT OF JUSTICE
* * * * * * *
General Provisions--Department of Justice
Sec. 101. * * *
* * * * * * *
Sec. 109. Section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356), as amended, is further amended as follows:
(1) by striking in subsection (d) ``$6'', and
inserting ``[$7] $9'';
------
CONSOLIDATED APPROPRIATIONS RESOLUTION, 2003, PUBLIC LAW 108-7
DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2003
TITLE I--DEPARTMENT OF JUSTICE
* * * * * * *
General Provisions--Department of Justice
Sec. 101. * * *
* * * * * * *
Sec. 108. Section 286(e) of the Immigration and Nationality
Act is amended by striking paragraph (3) and replacing it with
the following:
``(3) The Attorney General shall charge and collect
[$3] $5 per individual for the immigration inspection
or pre-inspection of each commercial vessel passenger
whose journey originated in the United States or in any
place set forth in paragraph (1): Provided, That this
requirement shall not apply to immigration inspection
at designated ports of entry of passengers arriving by
ferry, or by Great Lakes vessels on the Great Lakes and
connecting waterways when operating on a regular
schedule. For the purposes of this paragraph, the term
`ferry' means a vessel, in other than ocean or
coastwise service, having provisions only for deck
passengers and/or vehicles, operating on a short run on
a frequent schedule between two points over the most
direct water route, and offering a public service of a
type normally attributed to a bridge or tunnel.''.
------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2007, PUBLIC LAW
109-295
TITLE I
* * * * * * *
TITLE V
GENERAL PROVISIONS
Sec. 501. * * *
* * * * * * *
Sec. 532. (a) United States Secret Service Use of Proceeds
Derived From Criminal Investigations.--During fiscal year
[2013] 2014 and thereafter, with respect to any undercover
investigative operation of the United States Secret Service
(hereafter referred to in this section as the ``Secret
Service'') that is necessary for the detection and prosecution
of crimes against the United States--
------
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010, PUBLIC LAW
111-83
TITLE I
* * * * * * *
TITLE V
* * * * * * *
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
Sec. 501. * * *
* * * * * * *
Sec. 550. Section 550(b) of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C.
121 note) is amended by striking ``three years after the date
of enactment of this Act'' and inserting ``[on October 4, 2013]
on October 4, 2014''.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
-----------------------------------------------------
Committee Amount in Committee Amount in
guidance\1\ bill guidance bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee guidance
to its subcommittees of amounts in the Budget Resolution
for 2014: Subcommittee on Homeland Security:
Mandatory............................................. NA 1,460 NA \2\1,478
Discretionary......................................... 39,100 44,953 NA \2\46,148
Security.......................................... 1,626 1,853 NA NA
Nonsecurity....................................... 37,474 43,100 NA NA
Projection of outlays associated with the recommendation:
2014.................................................. ............ ............ ........... \3\2,014
2015.................................................. ............ ............ ........... 9,583
2016.................................................. ............ ............ ........... 5,598
2017.................................................. ............ ............ ........... 2,835
2018 and future years................................. ............ ............ ........... 2,182
Financial assistance to State and local governments for NA 5,370 NA 6,528
2014.....................................................
----------------------------------------------------------------------------------------------------------------
\1\There is no section 302(a) allocation to the Committee on Appropriations for fiscal year 2014.
\2\Includes outlays from prior-year budget authority.
\3\Excludes outlays from prior-year budget authority.
NA: Not applicable.
NOTE.--Consistent with the funding recommended in the bill for disaster funding and overseas contingency
operations and in accordance with subparagraphs (A)(ii) and (D) of section 251(b)(2) of the BBEDCA of 1985,
the Committee anticipates that the Budget Committee will provide, at the appropriate time, 302(a) allocation
for the Committee on Appropriations reflecting an upward adjustment of $5,853,000,000 in budget authority plus
associated outlays.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2013 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2014
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation compared with (+
or -)
Item 2013 Budget estimate House allowance Committee --------------------------------------------------
appropriation recommendation 2013
appropriation Budget estimate House allowance
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT
AND OPERATIONS
Departmental Operations
Office of the Secretary and
Executive Management:
Immediate Office of the 4,280 4,128 3,492 4,100 -180 -28 +608
Secretary...................
Immediate Office of the 2,091 1,822 1,536 1,800 -291 -22 +264
Deputy Secretary............
Office of the Chief of Staff. 2,172 2,200 1,084 2,100 -72 -100 +1,016
Executive Secretary.......... 7,582 7,603 3,740 7,500 -82 -103 +3,760
Office of Policy............. 43,692 27,815 29,998 37,000 -6,692 +9,185 +7,002
Office of Public Affairs..... 5,468 8,661 9,326 8,600 +3,132 -61 -726
Office of Legislative Affairs 5,792 5,498 4,625 5,400 -392 -98 +775
Office of Intergovernmental 2,377 2,518 2,120 2,300 -77 -218 +180
Affairs.....................
Office of General Counsel.... 21,130 21,000 17,691 20,000 -1,130 -1,000 +2,309
Office for Civil Rights and 21,611 21,678 18,272 21,500 -111 -178 +3,228
Civil Liberties.............
Citizenship and Immigration 5,643 5,344 4,501 5,300 -343 -44 +799
Services Ombudsman..........
Privacy Officer.............. 7,989 8,143 6,861 8,000 +11 -143 +1,139
Office of International ............... 7,626 ............... ............... ............... -7,626 ...............
Affairs.....................
Office of State and Local Law ............... 852 ............... ............... ............... -852 ...............
Enforcement.................
Private Sector Office........ ............... 1,666 ............... ............... ............... -1,666 ...............
Undistributed reduction...... ............... ............... -2,838 ............... ............... ............... +2,838
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 129,827 126,554 100,408 123,600 -6,227 -2,954 +23,192
Office of the Under Secretary for
Management:
Immediate Office of the Under 3,096 2,735 2,305 2,700 -396 -35 +395
Secretary for Management....
Office of the Chief Security 68,909 66,025 55,799 65,000 -3,909 -1,025 +9,201
Officer.....................
Office of the Chief 71,905 66,915 56,459 66,000 -5,905 -915 +9,541
Procurement Officer.........
Undistributed reductions..... ............... ............... -38,343 ............... ............... ............... +38,343
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 143,910 135,675 76,220 133,700 -10,210 -1,975 +57,480
Office of the Chief Human
Capital Officer:
Salaries and expenses.... 24,938 22,276 18,771 22,000 -2,938 -276 +3,229
Human resources 9,667 9,213 7,815 8,000 -1,667 -1,213 +185
information technology..
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 34,605 31,489 26,586 30,000 -4,605 -1,489 +3,414
Office of the Chief
Administrative Officer:
Salaries and expenses.... 34,267 30,793 26,004 30,000 -4,267 -793 +3,996
Nebraska Avenue Complex 5,441 4,729 4,020 4,500 -941 -229 +480
[NAC]...................
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 39,708 35,522 30,024 34,500 -5,208 -1,022 +4,476
----------------------------------------------------------------------------------------------------------------------
Subtotal, Office of the 218,223 202,686 132,830 198,200 -20,023 -4,486 +65,370
Under Secretary for
Management............
St Elizabeths support ............... 12,800 ............... ............... ............... -12,800 ...............
costs...................
DHS Headquarters ............... 92,700 ............... ............... ............... -92,700 ...............
consolidation project...
----------------------------------------------------------------------------------------------------------------------
Total, DHS Headquarters ............... 105,500 ............... ............... ............... -105,500 ...............
Consolidation Project.
Office of the Chief Financial 51,432 48,779 41,242 48,000 -3,432 -779 +6,758
Officer.........................
Undistributed reduction...... ............... ............... -10,000 ............... ............... ............... +10,000
Office of the Chief Information
Officer:
Salaries and expenses........ 117,844 117,347 99,397 115,000 -2,844 -2,347 +15,603
Information technology 27,564 32,712 25,612 31,000 +3,436 -1,712 +5,388
services....................
Infrastructure and security 55,926 100,063 45,863 45,000 -10,926 -55,063 -863
activities..................
Homeland secure data network. 42,076 77,132 39,863 72,000 +29,924 -5,132 +32,137
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 243,410 327,254 210,735 263,000 +19,590 -64,254 +52,265
Analysis and Operations.......... 321,855 309,228 291,623 303,708 -18,147 -5,520 +12,085
----------------------------------------------------------------------------------------------------------------------
Total, Departmental 964,747 1,120,001 766,838 936,508 -28,239 -183,493 +169,670
Operations................
======================================================================================================================
Office of Inspector General:
Operating expenses........... 121,004 119,309 113,903 117,371 -3,633 -1,938 +3,468
(By transfer from Disaster (24,000) (24,000) (24,000) (24,000) ............... ............... ...............
Relief).....................
----------------------------------------------------------------------------------------------------------------------
Total, Office of Inspector 145,004 143,309 137,903 141,371 -3,633 -1,938 +3,468
General...................
======================================================================================================================
Total, title I, 1,085,751 1,239,310 880,741 1,053,879 -31,872 -185,431 +173,138
Departmental Management
and Operations............
(By transfer).............. (24,000) (24,000) (24,000) (24,000) ............... ............... ...............
======================================================================================================================
TITLE II--SECURITY, ENFORCEMENT,
AND INVESTIGATIONS
U.S. Customs and Border
Protection
Salaries and Expenses:
Headquarters, Management, and
Administration:
Commissioner............. 17,392 ............... 25,288 25,171 +7,779 +25,171 -117
Chief Counsel............ 43,021 ............... 45,022 44,726 +1,705 +44,726 -296
Congressional Affairs.... 2,565 ............... 2,482 2,466 -99 +2,466 -16
Internal Affairs......... 153,905 ............... 162,568 149,061 -4,844 +149,061 -13,507
Public Affairs........... 12,546 ............... 12,920 12,830 +284 +12,830 -90
Training and development. 77,618 ............... 76,512 76,082 -1,536 +76,082 -430
Tech, innovation, 25,970 ............... 22,972 22,788 -3,182 +22,788 -184
acquisition.............
Intelligence/ 68,066 ............... 61,105 60,747 -7,319 +60,747 -358
Investigative Liaison...
Administration........... 414,127 ............... 293,091 413,473 -654 +413,473 +120,382
Rent..................... 564,126 407,898 407,898 396,398 -167,728 -11,500 -11,500
Management and ............... 620,656 ............... ............... ............... -620,656 ...............
administration, border
security inspections and
trade facilitation......
Management and ............... 592,330 ............... ............... ............... -592,330 ...............
administration, border
security and control
between ports of entry..
----------------------------------------------------------------------------------------------------------------------
Subtotal............. 1,379,336 1,620,884 1,109,858 1,203,742 -175,594 -417,142 +93,884
Border Security Inspections
and Trade Facilitation:
Inspections, trade, and 2,715,066 2,727,294 2,887,718 2,687,853 -27,213 -39,441 -199,865
travel facilitation at
ports of entry..........
Harbor maintenance fee 3,270 3,274 3,274 3,274 +4 ............... ...............
collection (trust fund).
International cargo 71,393 72,260 71,961 67,461 -3,932 -4,799 -4,500
screening...............
Other international 24,766 24,740 24,596 24,596 -170 -144 ...............
programs................
Customs-Trade Partnership 43,012 40,183 41,960 38,460 -4,552 -1,723 -3,500
Against Terrorism [C-
TPAT]...................
Trusted Traveler programs 10,797 6,311 6,311 5,311 -5,486 -1,000 -1,000
Inspection and detection 117,410 112,526 112,504 111,504 -5,906 -1,022 -1,000
technology investments..
Automated Targeting 113,676 109,944 132,932 ............... -113,676 -109,944 -132,932
Systems.................
National Targeting Center 68,037 65,474 65,106 65,106 -2,931 -368 ...............
Training................. 34,800 47,651 40,703 39,441 +4,641 -8,210 -1,262
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 3,202,227 3,209,657 3,387,065 3,043,006 -159,221 -166,651 -344,059
Border Security and Control
Between Ports of Entry:
Border security and 3,627,003 3,700,317 3,723,502 3,673,836 +46,833 -26,481 -49,666
control.................
Training................. 73,841 55,928 55,558 55,558 -18,283 -370 ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 3,700,844 3,756,245 3,779,060 3,729,394 +28,550 -26,851 -49,666
Air and Marine Operations.... ............... 286,769 ............... ............... ............... -286,769 ...............
US-VISIT..................... ............... 253,533 ............... ............... ............... -253,533 ...............
Emergency appropriations (Public 1,667 ............... ............... ............... -1,667 ............... ...............
Law 113-2)......................
----------------------------------------------------------------------------------------------------------------------
Total, Salaries and 8,284,074 9,127,088 8,275,983 7,976,142 -307,932 -1,150,946 -299,841
expenses..................
Appropriations......... (8,279,137) (9,123,814) (8,272,709) (7,972,868) (-306,269) (-1,150,946) (-299,841)
Harbor maintenance (3,270) (3,274) (3,274) (3,274) (+4) ............... ...............
trust fund............
Emergency (1,667) ............... ............... ............... (-1,667) ............... ...............
appropriations........
======================================================================================================================
Small airport user fee........... ............... 5,000 5,000 5,000 +5,000 ............... ...............
Automation Modernization:
Information Technology....... 393,820 ............... 367,860 349,450 -44,370 +349,450 -18,410
Automated targeting systems.. ............... ............... ............... 109,932 +109,932 +109,932 +109,932
Automated Commercial 138,611 140,830 140,762 140,762 +2,151 -68 ...............
Environment/International
Trade Data System [ITDS]....
Current operations protection 186,486 199,275 199,275 200,174 +13,688 +899 +899
and processing support
[COPPS].....................
Undistributed reduction...... ............... ............... -7,655 ............... ............... ............... +7,655
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 718,917 340,105 700,242 800,318 +81,401 +460,213 +100,076
Border Security Fencing,
Infrastructure, and Technology
[BSFIT]:
Development and deployment... 188,567 160,435 160,435 160,435 -28,132 ............... ...............
Operations and maintenance... 135,104 191,019 191,019 191,019 +55,915 ............... ...............
Undistributed increase....... ............... ............... 10,000 ............... ............... ............... -10,000
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 323,671 351,454 361,454 351,454 +27,783 ............... -10,000
Air and Marine Operations:
Salaries and expenses........ 283,196 ............... 292,791 283,318 +122 +283,318 -9,473
Operations and maintenance... 396,875 353,751 392,000 381,251 -15,624 +27,500 -10,749
Procurement.................. 117,881 73,950 117,950 91,250 -26,631 +17,300 -26,700
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 797,952 427,701 802,741 755,819 -42,133 +328,118 -46,922
Construction and Facilities
Management:
Facilities construction and 175,981 385,398 385,398 385,398 +209,417 ............... ...............
sustainment.................
Program oversight and 57,273 86,101 85,880 85,880 +28,607 -221 ...............
management..................
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 233,254 471,499 471,278 471,278 +238,024 -221 ...............
----------------------------------------------------------------------------------------------------------------------
Total, U.S. Customs and 10,357,868 10,722,847 10,616,698 10,360,011 +2,143 -362,836 -256,687
Border Protection direct
appropriations............
======================================================================================================================
Fee Accounts:
Immigration inspection user (568,790) (764,267) (764,267) (764,267) (+195,477) ............... ...............
fee.........................
Immigration enforcement fines (1,093) (773) (773) (773) (-320) ............... ...............
Electronic system for travel (46,318) (55,168) (55,168) (55,168) (+8,850) ............... ...............
authorization fee...........
Land border inspection fee... (35,935) (42,941) (42,941) (42,941) (+7,006) ............... ...............
COBRA passenger inspection (419,352) (694,627) (694,627) (694,627) (+275,275) ............... ...............
fee.........................
APHIS inspection fee......... (329,000) (355,216) (355,216) (355,216) (+26,216) ............... ...............
Global Entry user fee........ (13,743) (34,835) (34,835) (34,835) (+21,092) ............... ...............
Virgin Island fee............ ............... (11,302) (11,302) (11,302) (+11,302) ............... ...............
Puerto Rico collections...... (96,367) (98,602) (98,602) (98,602) (+2,235) ............... ...............
Small airport user fee....... (8,318) ............... ............... ............... (-8,318) ............... ...............
Customs unclaimed goods...... ............... (5,992) (5,992) (5,992) (+5,992) ............... ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal, fee accounts..... (1,518,916) (2,063,723) (2,063,723) (2,063,723) (+544,807) ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, U.S. Customs and 11,876,784 12,786,570 12,680,421 12,423,734 +546,950 -362,836 -256,687
Border Protection.........
Appropriations......... (10,356,201) (10,722,847) (10,616,698) (10,360,011) (+3,810) (-362,836) (-256,687)
Emergency (1,667) ............... ............... ............... (-1,667) ............... ...............
appropriations........
Fee accounts........... (1,518,916) (2,063,723) (2,063,723) (2,063,723) (+544,807) ............... ...............
======================================================================================================================
U.S. Immigration and Customs
Enforcement
Salaries and expenses:
Headquarters management and
administration:
Personnel compensation 219,754 192,236 209,755 189,909 -29,845 -2,327 -19,846
and benefits, services
and other costs.........
Headquarters managed IT 160,252 141,294 151,132 140,808 -19,444 -486 -10,324
investment..............
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 380,006 333,530 360,887 330,717 -49,289 -2,813 -30,170
Legal Proceedings............ 206,768 204,651 205,921 202,584 -4,184 -2,067 -3,337
Investigations:
Domestic investigations.. 1,684,633 1,599,972 1,710,172 1,603,888 -80,745 +3,916 -106,284
International
Investigations:
International 114,970 100,544 100,187 99,741 -15,229 -803 -446
operations..........
Visa Security Program 34,515 31,630 31,541 31,541 -2,974 -89 ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal........... 149,485 132,174 131,728 131,282 -18,203 -892 -446
----------------------------------------------------------------------------------------------------------------------
Subtotal, 1,834,118 1,732,146 1,841,900 1,735,170 -98,948 +3,024 -106,730
Investigations....
Intelligence................. 78,348 75,448 74,908 74,908 -3,440 -540 ...............
Detention and removal
operations:
Custody operations....... 2,022,344 1,844,802 2,038,239 1,879,239 -143,105 +34,437 -159,000
Fugitive operations...... 145,133 125,771 134,802 124,802 -20,331 -969 -10,000
Criminal alien program... 216,224 291,721 289,155 294,155 +77,931 +2,434 +5,000
Alternatives to detention 96,430 72,435 96,460 96,181 -249 +23,746 -279
Transportation and 269,845 255,984 276,925 255,925 -13,920 -59 -21,000
removal program.........
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 2,749,976 2,590,713 2,835,581 2,650,302 -99,674 +59,589 -185,279
Secure Communities........... 138,067 20,334 25,264 20,264 -117,803 -70 -5,000
Emergency appropriations 855 ............... ............... ............... -855 ............... ...............
(Public Law 113-2)..........
----------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and 5,388,138 4,956,822 5,344,461 5,013,945 -374,193 +57,123 -330,516
expenses..................
Automation Modernization:
IT Investment................ ............... ............... 8,400 8,400 +8,400 +8,400 ...............
TECS modernization........... 22,970 34,900 23,000 23,000 +30 -11,900 ...............
Detention and removals 6,991 ............... ............... ............... -6,991 ............... ...............
modernization...............
Electronic health records.... 3,495 ............... 3,500 3,500 +5 +3,500 ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 33,456 34,900 34,900 34,900 +1,444 ............... ...............
Construction..................... 4,993 5,000 5,000 5,000 +7 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, U.S. Immigration and 5,426,587 4,996,722 5,384,361 5,053,845 -372,742 +57,123 -330,516
Customs Enforcement direct
appropriations............
======================================================================================================================
Fee Accounts:
Immigration inspection user (116,869) (135,000) (135,000) (135,000) (+18,131) ............... ...............
fee.........................
Breached bond/detention fund. (75,000) (65,000) (65,000) (65,000) (-10,000) ............... ...............
Student exchange and visitor (120,000) (145,000) (145,000) (145,000) (+25,000) ............... ...............
fee.........................
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 311,869 345,000 345,000 345,000 +33,131 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, U.S. Immigration and 5,738,456 5,341,722 5,729,361 5,398,845 -339,611 +57,123 -330,516
Customs Enforcement.......
Appropriations......... (5,425,732) (4,996,722) (5,384,361) (5,053,845) (-371,887) (+57,123) (-330,516)
Emergency (855) ............... ............... ............... (-855) ............... ...............
appropriations........
Fee accounts........... (311,869) (345,000) (345,000) (345,000) (+33,131) ............... ...............
======================================================================================================================
Transportation Security
Administration
Aviation Security:
Screening Operations:
Screener workforce:
Privatized screening. 147,575 153,190 163,190 153,190 +5,615 ............... -10,000
Undistributed ............... ............... 31,810 ............... ............... ............... -31,810
increase............
Screener personnel, 3,076,311 3,033,526 2,972,715 2,982,847 -93,464 -50,679 +10,132
compensation, and
benefits............
----------------------------------------------------------------------------------------------------------------------
Subtotal........... 3,223,886 3,186,716 3,167,715 3,136,037 -87,849 -50,679 -31,678
Screener training and 224,809 226,936 203,057 226,857 +2,048 -79 +23,800
other...................
Checkpoint support....... 115,114 103,377 103,309 105,309 -9,805 +1,932 +2,000
Undistributed increase... ............... ............... 3,000 ............... ............... ............... -3,000
EDS/ETD Systems:
EDS procurement and 99,852 83,987 83,845 83,845 -16,007 -142 ...............
installation........
Screening technology 308,759 298,509 298,509 298,509 -10,250 ............... ...............
maintenance,
utilities...........
----------------------------------------------------------------------------------------------------------------------
Subtotal........... 408,611 382,496 382,354 382,354 -26,257 -142 ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal, Screening 3,972,420 3,899,525 3,859,435 3,850,557 -121,863 -48,968 -8,878
operations........
Aviation Security Direction
and Enforcement:
Aviation regulation and 367,968 354,650 358,187 353,187 -14,781 -1,463 -5,000
other enforcement.......
Airport management and 561,911 590,871 555,242 588,317 +26,406 -2,554 +33,075
support.................
Federal flight deck 24,711 ............... 12,353 25,000 +289 +25,000 +12,647
officer and flight crew
training................
Air cargo................ 121,674 122,990 122,332 122,332 +658 -658 ...............
Undistributed increase... ............... ............... 12,500 ............... ............... ............... -12,500
Undistributed reductions. ............... ............... -44,310 ............... ............... ............... +44,310
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 1,076,264 1,068,511 1,016,304 1,088,836 +12,572 +20,325 +72,532
Aviation Security Capital (250,000) (250,000) (250,000) (250,000) ............... ............... ...............
Fund (mandatory)............
----------------------------------------------------------------------------------------------------------------------
Total, Aviation security 5,048,684 4,968,036 4,875,739 4,939,393 -109,291 -28,643 +63,654
(gross)...................
Aviation security fees -2,070,000 -2,120,000 -2,120,000 -2,120,000 -50,000 ............... ...............
(offsetting collections)........
Additional offsetting collections ............... -105,000 ............... ............... ............... +105,000 ...............
(leg. proposal).................
----------------------------------------------------------------------------------------------------------------------
Total, Aviation security 2,978,684 2,743,036 2,755,739 2,819,393 -159,291 +76,357 +63,654
(net, discretionary)......
Surface Transportation Security:
Staffing and operations...... 36,305 35,433 35,262 35,262 -1,043 -171 ...............
Surface transportation 87,949 73,898 73,356 73,356 -14,593 -542 ...............
security inspectors and
canines.....................
Undistributed increase....... ............... ............... 15,676 ............... ............... ............... -15,676
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 124,254 109,331 124,294 108,618 -15,636 -713 -15,676
Transportation Threat Assessment
and Credentialing:
Secure flight................ 106,794 106,198 108,198 105,919 -875 -279 -2,279
Crew and other vetting 85,376 74,419 74,419 74,287 -11,089 -132 -132
programs....................
TWIC fees.................... (47,300) (36,700) (36,700) (36,700) (-10,600) ............... ...............
Hazardous materials fees..... (12,000) (12,000) (12,000) (12,000) ............... ............... ...............
Alien Flight School fees (by (5,000) (5,000) (5,000) (5,000) ............... ............... ...............
transfer from DOJ)..........
Air Cargo/Certified cargo (7,200) (5,400) (5,400) (5,400) (-1,800) ............... ...............
screening program...........
Commercial aviation and (8,000) (6,500) (6,500) (6,500) (-1,500) ............... ...............
airports/Secure
identification display area
checks......................
Other security threat (120) (50) (50) (50) (-70) ............... ...............
assessments.................
General aviation at DCA...... (100) (350) (350) (350) (+250) ............... ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 271,890 246,617 248,617 246,206 -25,684 -411 -2,411
Direct appropriations.. (192,170) (180,617) (182,617) (180,206) (-11,964) (-411) (-2,411)
Fee funded programs.... (79,720) (66,000) (66,000) (66,000) (-13,720) ............... ...............
Transportation Security Support:
Headquarters administration.. 275,758 284,942 265,712 276,000 +242 -8,942 +10,288
Information technology....... 416,645 455,484 389,750 450,000 +33,355 -5,484 +60,250
Human capital services....... 215,544 212,554 201,643 208,000 -7,544 -4,554 +6,357
Intelligence................. 45,070 44,809 44,561 44,561 -509 -248 ...............
Undistributed reduction...... ............... ............... -4,000 ............... ............... ............... +4,000
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 953,017 997,789 897,666 978,561 +25,544 -19,228 +80,895
Federal Air Marshals:
Management and administration 792,738 714,669 709,254 709,254 -83,484 -5,415 ...............
Travel and training.......... 113,821 111,853 111,853 111,853 -1,968 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 906,559 826,522 821,107 821,107 -85,452 -5,415 ...............
----------------------------------------------------------------------------------------------------------------------
Total, Transportation 7,554,404 7,398,295 7,217,423 7,343,885 -210,519 -54,410 +126,462
Security Administration...
======================================================================================================================
Offsetting collections........... (-2,070,000) (-2,225,000) (-2,120,000) (-2,120,000) (-50,000) (+105,000) ...............
Aviation security capital fund (250,000) (250,000) (250,000) (250,000) ............... ............... ...............
(mandatory).....................
Fee funded programs.............. (79,720) (66,000) (66,000) (66,000) (-13,720) ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, Transportation 5,154,684 4,857,295 4,781,423 4,907,885 -246,799 +50,590 +126,462
Security Administration
(net).....................
======================================================================================================================
Coast Guard
Operating Expenses:
Military pay and allowances.. 3,410,674 3,425,306 3,440,053 3,434,674 +24,000 +9,368 -5,379
Civilian pay and benefits.... 785,542 784,097 779,011 779,320 -6,222 -4,777 +309
Training and recruiting...... 213,900 181,617 216,588 199,907 -13,993 +18,290 -16,681
Operating funds and unit 1,092,449 1,061,567 1,065,083 1,064,361 -28,088 +2,794 -722
level maintenance...........
Centrally managed accounts... 350,609 318,856 319,307 319,147 -31,462 +291 -160
Intermediate and depot level 958,606 983,940 1,019,374 989,137 +30,531 +5,197 -30,237
maintenance.................
St. Elizabeths support costs. ............... ............... ............... 12,800 +12,800 +12,800 +12,800
Overseas contingency 254,000 ............... ............... 227,000 -27,000 +227,000 +227,000
operations/Global war on
terrorism...................
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 7,065,780 6,755,383 6,839,416 7,026,346 -39,434 +270,963 +186,930
(Defense).............. (593,551) (340,000) (340,000) (567,000) (-26,551) (+227,000) (+227,000)
(Nondefense)........... (6,472,229) (6,415,383) (6,499,416) (6,459,346) (-12,883) (+43,963) (-40,070)
Environmental compliance and 13,134 13,187 13,164 13,165 +31 -22 +1
restoration.....................
Reserve training................. 132,353 109,543 112,991 122,491 -9,862 +12,948 +9,500
Acquisition, Construction, and
Improvements:
Vessels:
Survey and design-vessel 2,497 1,000 1,000 1,000 -1,497 ............... ...............
and boats...............
Response boat-medium..... 7,989 ............... ............... 10,000 +2,011 +10,000 +10,000
In-service vessel ............... 21,000 21,000 21,000 +21,000 ............... ...............
sustainment.............
National security cutter. 678,404 616,000 603,553 632,000 -46,404 +16,000 +28,447
Offshore patrol cutter... 29,960 25,000 25,000 25,000 -4,960 ............... ...............
Fast response cutter..... 334,558 75,000 205,000 310,000 -24,558 +235,000 +105,000
Cutter small boats....... 3,995 3,000 3,000 3,000 -995 ............... ...............
Medium endurance cutter 15,979 ............... ............... ............... -15,979 ............... ...............
sustainment.............
Polar ice breaking vessel 7,989 2,000 2,000 2,000 -5,989 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 1,081,371 743,000 860,553 1,004,000 -77,371 +261,000 +143,447
Aircraft:
Airframe replacement 13,982 ............... 30,000 ............... -13,982 ............... -30,000
(CGNR 6017).............
Maritime patrol aircraft. 54,927 ............... ............... ............... -54,927 ............... ...............
Long range surveillance 89,881 16,000 107,710 16,000 -73,881 ............... -91,710
aircraft................
HH-65 conversion/ 31,458 12,000 12,000 12,000 -19,458 ............... ...............
sustainment projects....
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 190,248 28,000 149,710 28,000 -162,248 ............... -121,710
Other Acquisition Programs:
Program oversight and 14,980 10,000 10,000 10,000 -4,980 ............... ...............
management..............
Systems engineering and ............... 204 204 204 +204 ............... ...............
integration.............
C4ISR.................... 40,447 35,226 50,226 35,226 -5,221 ............... -15,000
CG-Logistics Information 2,497 1,500 1,500 1,500 -997 ............... ...............
Management system.......
Nationwide automatic 5,992 13,000 13,000 13,000 +7,008 ............... ...............
identification system...
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 63,916 59,930 74,930 59,930 -3,986 ............... -15,000
Shore Facilities and Aids to
Navigation:
Major construction; 29,960 2,000 2,000 2,000 -27,960 ............... ...............
Housing; ATON; and
survey and design.......
Major acquisition systems 49,346 ............... ............... ............... -49,346 ............... ...............
infrastructure..........
Minor shore.............. 4,993 3,000 3,000 3,000 -1,993 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 84,299 5,000 5,000 5,000 -79,299 ............... ...............
Military Housing............. 9,987 ............... 18,000 18,000 +8,013 +18,000 ...............
Personnel and Related
Support:
Direct personnel costs... 112,933 114,747 114,080 114,315 +1,382 -432 +235
Core acquisition costs... 599 439 439 439 -160 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 113,532 115,186 114,519 114,754 +1,222 -432 +235
Emergency appropriations 274,233 ............... ............... ............... -274,233 ............... ...............
(Public Law 113-2)..........
----------------------------------------------------------------------------------------------------------------------
Subtotal, Acquisition, 1,817,586 951,116 1,222,712 1,229,684 -587,902 +278,568 +6,972
construction, and
improvements..............
Research, development, test, and 19,664 19,856 9,928 19,781 +117 -75 +9,853
evaluation......................
Health care fund contribution 203,000 201,000 201,000 201,000 -2,000 ............... ...............
(permanent indefinite
discretionary appropriation)....
Retired pay (mandatory).......... 1,423,000 1,460,000 1,460,000 1,460,000 +37,000 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, Coast Guard......... 10,674,517 9,510,085 9,859,211 10,072,467 -602,050 +562,382 +213,256
Appropriations......... (10,146,284) (9,510,085) (9,859,211) (9,845,467) (-300,817) (+335,382) (-13,744)
Emergency (274,233) ............... ............... ............... (-274,233) ............... ...............
appropriations........
Overseas contingency (254,000) ............... ............... (227,000) (-27,000) (+227,000) (+227,000)
operations/Global war
on terrorism..........
======================================================================================================================
United States Secret Service
Salaries and Expenses:
Protection:
Protection of persons and 854,107 822,591 848,263 846,662 -7,445 +24,071 -1,601
facilities..............
Protective intelligence 68,035 67,782 67,165 67,165 -870 -617 ...............
activities..............
National special security 4,494 4,500 4,500 ............... -4,494 -4,500 -4,500
event fund..............
Presidential candidate 57,884 ............... ............... 4,500 -53,384 +4,500 +4,500
nominee protection......
White House mail ............... 18,487 ............... ............... ............... -18,487 ...............
screening...............
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 984,520 913,360 919,928 918,327 -66,193 +4,967 -1,601
Investigations:
Domestic field operations 299,295 259,465 330,391 327,297 +28,002 +67,832 -3,094
International field 30,930 30,958 30,811 30,811 -119 -147 ...............
office administration,
operations and training.
Electronic crimes special ............... 56,968 ............... ............... ............... -56,968 ...............
agent program and
electronic crimes task
forces..................
Support for missing and 8,355 ............... 8,358 8,366 +11 +8,366 +8
exploited children......
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 338,580 347,391 369,560 366,474 +27,894 +19,083 -3,086
Headquarters, management and 174,104 177,282 188,964 188,964 +14,860 +11,682 ...............
administration..............
Rowley Training Center....... 55,525 55,552 55,118 55,118 -407 -434 ...............
Information integration and 1,132 1,029 1,019 1,019 -113 -10 ...............
technology transformation...
Emergency appropriations 300 ............... ............... ............... -300 ............... ...............
(Public Law 113-2)..........
----------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and 1,554,161 1,494,614 1,534,589 1,529,902 -24,259 +35,288 -4,687
expenses..................
Acquisition, construction,
improvements, and related
expenses:
Facilities................... 4,424 5,380 5,380 5,380 +956 ............... ...............
Information integration and 52,251 46,395 46,395 46,395 -5,856 ............... ...............
technology transformation...
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 56,675 51,775 51,775 51,775 -4,900 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, United States Secret 1,610,836 1,546,389 1,586,364 1,581,677 -29,159 +35,288 -4,687
Service...................
======================================================================================================================
Total, title II, Security, 33,224,492 31,633,338 32,228,057 31,975,885 -1,248,607 +342,547 -252,172
Enforcement, and
Investigations............
Appropriations......... (32,693,437) (31,633,338) (32,228,057) (31,748,885) (-944,552) (+115,547) (-479,172)
Emergency (277,055) ............... ............... ............... (-277,055) ............... ...............
appropriations........
Overseas contingency (254,000) ............... ............... (227,000) (-27,000) (+227,000) (+227,000)
operations/Global war
on terrorism..........
(Fee Accounts)............. (1,910,505) (2,474,723) (2,474,723) (2,474,723) (+564,218) ............... ...............
======================================================================================================================
TITLE III--PROTECTION,
PREPAREDNESS, RESPONSE, AND
RECOVERY
National Protection and Programs
Directorate
Management and administration:
Administrative activities.... 50,154 64,725 50,522 59,523 +9,369 -5,202 +9,001
Infrastructure protection and
information security:
Infrastructure Protection:
Infrastructure analysis 58,891 57,975 66,144 66,134 +7,243 +8,159 -10
and planning............
Sector management and 66,973 60,477 60,335 64,988 -1,985 +4,511 +4,653
governance..............
Regional field operations 56,344 56,708 56,550 56,550 +206 -158 ...............
Infrastructure security 77,842 85,790 77,104 85,542 +7,700 -248 +8,438
compliance..............
----------------------------------------------------------------------------------------------------------------------
Subtotal, 260,050 260,950 260,133 273,214 +13,164 +12,264 +13,081
Infrastructure
protection............
Cybersecurity and
communications:
Cybersecurity:
Cybersecurity 3,981 4,338 4,320 4,320 +339 -18 ...............
coordination........
US Computer Emergency 92,804 102,636 102,486 102,486 +9,682 -150 ...............
Readiness Team [US-
CERT] Operations....
Federal network 235,681 199,769 199,725 199,725 -35,956 -44 ...............
security............
Network security 328,575 406,441 382,367 393,302 +64,727 -13,139 +10,935
deployment..........
Global cybersecurity 25,921 19,057 19,037 25,892 -29 +6,835 +6,855
management..........
Critical 62,665 73,043 73,013 73,013 +10,348 -30 ...............
infrastructure cyber
protection and
awareness...........
Business operations.. 6,203 5,125 5,089 5,089 -1,114 -36 ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal, 755,830 810,409 786,037 803,827 +47,997 -6,582 +17,790
Cybersecurity.....
Communications:
Office of emergency 38,603 36,516 36,446 37,946 -657 +1,430 +1,500
communications......
Priority 53,195 53,412 53,372 53,372 +177 -40 ...............
telecommunications
services............
Next generation 24,467 21,160 21,158 21,158 -3,309 -2 ...............
networks............
Programs to study and 12,913 10,102 10,074 10,074 -2,839 -28 ...............
enhance
telecommunications..
Critical 10,946 9,445 9,409 9,409 -1,537 -36 ...............
infrastructure
protection programs.
----------------------------------------------------------------------------------------------------------------------
Subtotal, 140,124 130,635 130,459 131,959 -8,165 +1,324 +1,500
Communications....
----------------------------------------------------------------------------------------------------------------------
Subtotal, 895,954 941,044 916,496 935,786 +39,832 -5,258 +19,290
Cybersecurity and
communications....
----------------------------------------------------------------------------------------------------------------------
Subtotal, 1,156,004 1,201,994 1,176,629 1,209,000 +52,996 +7,006 +32,371
Infrastructure
protection and
information secur-
ity..............
Federal Protective Service:
Basic security............... 271,540 271,540 271,540 271,540 ............... ............... ...............
Building-specific security... 509,056 509,056 509,056 509,056 ............... ............... ...............
Reimbursable security fees 521,228 521,228 521,228 521,228 ............... ............... ...............
(contract guard services)...
----------------------------------------------------------------------------------------------------------------------
Subtotal, Federal 1,301,824 1,301,824 1,301,824 1,301,824 ............... ............... ...............
Protective Service........
Offsetting collections....... -1,301,824 -1,301,824 -1,301,824 -1,301,824 ............... ............... ...............
Office of Biometric Identity 232,115 ............... 232,190 205,967 -26,148 +205,967 -26,223
Management......................
----------------------------------------------------------------------------------------------------------------------
Total, National Protection 2,740,097 2,568,543 2,761,165 2,776,314 +36,217 +207,771 +15,149
and Programs Directorate
(gross)...................
======================================================================================================================
Offsetting collections. (-1,301,824) (-1,301,824) (-1,301,824) (-1,301,824) ............... ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, National Protection 1,438,273 1,266,719 1,459,341 1,474,490 +36,217 +207,771 +15,149
and Programs Directorate
(net).....................
======================================================================================================================
Office of Health Affairs
BioWatch......................... 85,277 90,609 79,534 87,609 +2,332 -3,000 +8,075
National Biosurveillance 12,983 8,000 13,000 8,000 -4,983 ............... -5,000
Integration Center..............
Chemical Defense Program......... 1,997 824 824 824 -1,173 ............... ...............
Planning and Coordination........ 5,400 4,995 4,995 4,995 -405 ............... ...............
Salaries and Expenses............ 26,667 27,369 25,072 26,261 -406 -1,108 +1,189
----------------------------------------------------------------------------------------------------------------------
Total, Office of Health 132,324 131,797 123,425 127,689 -4,635 -4,108 +4,264
Affairs...................
======================================================================================================================
Federal Emergency Management
Agency
Salaries and expenses:
Administrative and regional 257,069 240,736 229,213 250,748 -6,321 +10,012 +21,535
offices.....................
Office of National (4,287) (2,602) ............... (4,293) (+6) (+1,691) (+4,293)
Capital Region
Coordination............
Preparedness and protection.. 178,811 293,684 174,766 176,406 -2,405 -117,278 +1,640
Response..................... 179,191 171,665 178,504 179,081 -110 +7,416 +577
Urban search and rescue (35,134) (27,513) ............... (35,180) (+46) (+7,667) (+35,180)
response system.........
Recovery..................... 55,226 55,530 55,121 55,121 -105 -409 ...............
Mitigation................... 29,775 25,882 25,808 28,416 -1,359 +2,534 +2,608
Mission support.............. 157,326 144,580 148,744 148,744 -8,582 +4,164 ...............
Centrally managed accounts... 114,436 110,306 110,306 110,306 -4,130 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and 971,834 1,042,383 922,462 948,822 -23,012 -93,561 +26,360
expenses..................
(Defense).............. (56,000) (77,000) (67,000) (77,000) (+21,000) ............... (+10,000)
(Nondefense)........... (915,834) (965,383) (855,462) (871,822) (-44,012) (-93,561) (+16,360)
----------------------------------------------------------------------------------------------------------------------
Subtotal, Salaries and 971,834 1,042,383 922,462 948,822 -23,012 -93,561 +26,360
expenses..................
Grants and training:
State and local programs:
Discretionary state and 188,683 ............... 1,069,826 ............... -188,683 ............... -1,069,826
local grants............
State Homeland security 346,143 ............... ............... 453,000 +106,857 +453,000 +453,000
grant program...........
General increase......... ............... ............... 10,000 ............... ............... ............... -10,000
Operation Stonegarden (46,539) ............... ............... (46,600) (+61) (+46,600) (+46,600)
Urban area security 499,716 ............... ............... 614,152 +114,436 +614,152 +614,152
initiative..............
Nonprofit security (9,987) ............... ............... (13,000) (+3,013) (+13,000) (+13,000)
grants..............
Public transportation 97,371 ............... 97,500 100,640 +3,269 +100,640 +3,140
security assistance and
railroad security
assistance..............
Amtrak security...... (9,987) ............... ............... (10,000) (+13) (+10,000) (+10,000)
Port security grants..... 97,371 ............... 97,500 100,640 +3,269 +100,640 +3,140
----------------------------------------------------------------------------------------------------------------------
Subtotal, discretionary 1,229,284 ............... 1,274,826 1,268,432 +39,148 +1,268,432 -6,394
grants................
Education, training, and
exercises:
Emergency Management 17,782 ............... 17,805 20,569 +2,787 +20,569 +2,764
Institute...........
Center for Domestic 64,905 ............... 64,991 64,905 ............... +64,905 -86
Preparedness........
National Domestic 92,877 ............... 93,000 98,000 +5,123 +98,000 +5,000
Preparedness
Consortium..........
National exercise 32,335 ............... 32,378 21,094 -11,241 +21,094 -11,284
program.............
Continuing training.. 26,964 ............... 27,000 29,000 +2,036 +29,000 +2,000
----------------------------------------------------------------------------------------------------------------------
Subtotal........... 234,863 ............... 235,174 233,568 -1,295 +233,568 -1,606
National preparedness ............... 1,043,200 ............... ............... ............... -1,043,200 ...............
grant program...........
First responder
assistance program:
Emergency management ............... 350,000 ............... ............... ............... -350,000 ...............
performance grants..
Fire grants.......... ............... 335,000 ............... ............... ............... -335,000 ...............
Staffing for Adequate ............... 335,000 ............... ............... ............... -335,000 ...............
Fire and Emergency
Response (SAFER) Act
grants..............
Training partnership ............... 60,000 ............... ............... ............... -60,000 ...............
grants..............
----------------------------------------------------------------------------------------------------------------------
Subtotal, First ............... 1,080,000 ............... ............... ............... -1,080,000 ...............
Responder
Assistance Program
----------------------------------------------------------------------------------------------------------------------
Subtotal, State and 1,464,147 2,123,200 1,510,000 1,502,000 +37,853 -621,200 -8,000
Local Programs....
(Defense)...... (46,539) ............... ............... ............... (-46,539) ............... ...............
(Nondefense)... (1,417,608) (2,123,200) (1,510,000) (1,502,000) (+84,392) (-621,200) (-8,000)
----------------------------------------------------------------------------------------------------------------------
Subtotal, State and 1,464,147 2,123,200 1,510,000 1,502,000 +37,853 -621,200 -8,000
Local Programs....
Firefighter assistance
grants:
Fire grants.............. 337,055 ............... 340,000 337,500 +445 +337,500 -2,500
Staffing for Adequate 337,055 ............... 340,000 337,500 +445 +337,500 -2,500
Fire and Emergency
Response [SAFER] Act
grants..................
----------------------------------------------------------------------------------------------------------------------
Subtotal............... 674,110 ............... 680,000 675,000 +890 +675,000 -5,000
Emergency management 349,538 ............... 350,000 350,000 +462 +350,000 ...............
performance grants..........
----------------------------------------------------------------------------------------------------------------------
Subtotal, Grants and 2,487,795 2,123,200 2,540,000 2,527,000 +39,205 +403,800 -13,000
Training..................
Radiological emergency -1,443 -1,272 -1,272 -1,272 +171 ............... ...............
preparedness program............
United States Fire Administration 43,942 41,306 42,162 44,000 +58 +2,694 +1,838
Undistributed increase....... ............... ............... 1,838 ............... ............... ............... -1,838
Disaster Relief Fund:
Base disaster relief......... 607,124 594,522 594,522 594,522 -12,602 ............... ...............
Disaster relief category..... 6,400,000 5,626,386 5,626,386 5,626,386 -773,614 ............... ...............
Disaster relief category 5,379,000 ............... ............... ............... -5,379,000 ............... ...............
(Public Law 113-2)..........
Emergency appropriations 6,108,735 ............... ............... ............... -6,108,735 ............... ...............
(Public Law 113-2)..........
----------------------------------------------------------------------------------------------------------------------
Subtotal, Disaster Relief 18,494,859 6,220,908 6,220,908 6,220,908 -12,273,951 ............... ...............
Fund......................
Disaster Assistance Direct Loan
Program Account:
Direct loan subsidy 300,000 ............... ............... ............... -300,000 ............... ...............
(emergency appropriations)
(Public Law 113-2)..........
Flood Hazard Mapping and Risk 95,203 84,361 95,202 95,203 ............... +10,842 +1
Analysis Program................
National Flood Insurance Fund:
Salaries and expenses........ 22,000 22,000 22,000 22,000 ............... ............... ...............
Flood plain management and 149,000 154,300 154,300 154,300 +5,300 ............... ...............
mapping.....................
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 171,000 176,300 176,300 176,300 +5,300 ............... ...............
Offsetting fee collections... -171,000 -176,300 -176,300 -176,300 -5,300 ............... ...............
National predisaster mitigation 24,967 ............... 22,500 25,000 +33 +25,000 +2,500
fund............................
General increase............. ............... ............... 7,655 ............... ............... ............... -7,655
Emergency food and shelter....... 119,842 100,000 120,000 120,000 +158 +20,000 ...............
----------------------------------------------------------------------------------------------------------------------
Total, Federal Emergency 22,536,999 9,610,886 9,971,455 9,979,661 -12,557,338 +368,775 +8,206
Management Agency.........
Appropriations......... (4,349,264) (3,984,500) (4,345,069) (4,353,275) (+4,011) (+368,775) (+8,206)
Disaster relief (11,779,000) (5,626,386) (5,626,386) (5,626,386) (-6,152,614) ............... ...............
category..............
======================================================================================================================
Total, title III, 24,107,596 11,009,402 11,554,221 11,581,840 -12,525,756 +572,438 +27,619
Protection, Preparedness,
Response and Recovery
Directorate...............
Appropriations......... (5,919,861) (5,383,016) (5,927,835) (5,955,454) (+35,593) (+572,438) (+27,619)
Emergency (6,408,735) ............... ............... ............... (-6,408,735) ............... ...............
appropriations........
Disaster relief (11,779,000) (5,626,386) (5,626,386) (5,626,386) (-6,152,614) ............... ...............
category..............
======================================================================================================================
TITLE IV--RESEARCH AND
DEVELOPMENT, TRAINING, AND
SERVICES
United States Citizenship and
Immigration Services
Appropriations:
E-Verify program............. 111,776 114,213 114,213 113,889 +2,113 -324 -324
Immigrant integration ............... 10,000 ............... 5,000 +5,000 -5,000 +5,000
programs....................
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 111,776 124,213 114,213 118,889 +7,113 -5,324 +4,676
Fee Accounts:
Adjudication Services:
District operations...... (1,313,702) (1,510,836) (1,536,880) (1,541,880) (+228,178) (+31,044) (+5,000)
(Immigrant (7,500) ............... ............... (5,000) (-2,500) (+5,000) (+5,000)
Integration Grants).
Service center operations (524,788) (550,653) (578,393) (578,393) (+53,605) (+27,740) ...............
Asylum, refugee and (196,584) (236,494) (236,710) (236,710) (+40,126) (+216) ...............
international operations
Records operations....... (86,774) (94,039) (94,039) (94,039) (+7,265) ............... ...............
Business transformation.. (269,216) (183,464) (183,464) (183,464) (-85,752) ............... ...............
(Digitization (29,000) ............... ............... ............... (-29,000) ............... ...............
program)............
----------------------------------------------------------------------------------------------------------------------
Subtotal........... 2,391,064 2,575,486 2,629,486 2,634,486 +243,422 +59,000 +5,000
Information and customer
services:
Operating expenses....... (89,011) (96,409) (96,409) (96,409) (+7,398) ............... ...............
Administration:
Operating expenses....... (382,334) (339,421) (339,421) (339,421) (-42,913) ............... ...............
Systematic Alien Verification (20,048) (29,937) (29,937) (29,937) (+9,889) ............... ...............
for Entitlements [SAVE].....
----------------------------------------------------------------------------------------------------------------------
Subtotal, Fee accounts..... 2,882,457 3,041,253 3,095,253 3,100,253 +217,796 +59,000 +5,000
H1-B Visa fee account:
Adjudication services:
Service center operations ............... (13,000) ............... ............... ............... (-13,000) ...............
H1-B and L fraud prevention fee
account:
Adjudication Services:
District operations...... ............... (41,000) ............... ............... ............... (-41,000) ...............
----------------------------------------------------------------------------------------------------------------------
Total, Fee accounts.... 2,882,457 3,095,253 3,095,253 3,100,253 +217,796 +5,000 +5,000
======================================================================================================================
Total, United States (2,994,233) (3,219,466) (3,209,466) (3,219,142) (+224,909) (-324) (+9,676)
Citizenship and
Immigration Services..
Appropriations..... (111,776) (124,213) (114,213) (118,889) (+7,113) (-5,324) (+4,676)
Fee accounts....... (2,882,457) (3,095,253) (3,095,253) (3,100,253) (+217,796) (+5,000) (+5,000)
======================================================================================================================
Federal Law Enforcement Training
Center
Salaries and Expenses:
Law enforcement training..... 197,743 210,818 198,317 198,317 +574 -12,501 ...............
Management and administration 29,125 28,420 28,228 28,228 -897 -192 ...............
Accreditation................ 1,298 1,306 1,300 1,300 +2 -6 ...............
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 228,166 240,544 227,845 227,845 -321 -12,699 ...............
Acquisitions, construction, 28,348 30,885 30,885 30,885 +2,537 ............... ...............
improvements, and related
expenses........................
----------------------------------------------------------------------------------------------------------------------
Total, Federal Law 256,514 271,429 258,730 258,730 +2,216 -12,699 ...............
Enforcement Training
Center....................
======================================================================================================================
Science and Technology
Management and administration.... 131,826 129,608 129,000 129,000 -2,826 -608 ...............
Research, development,
acquisition, and operations:
Research, development, and 449,960 467,000 ............... ............... -449,960 -467,000 ...............
innovation..................
Apex R&D................. ............... ............... 15,013 15,013 +15,013 +15,013 ...............
Border security.......... ............... ............... 31,580 43,563 +43,563 +43,563 +11,983
Chem/Bio and explosives ............... ............... 194,294 182,611 +182,611 +182,611 -11,683
defense.................
Counterterrorist R&D..... ............... ............... 24,561 24,561 +24,561 +24,561 ...............
Cyber security........... ............... ............... 70,829 74,529 +74,529 +74,529 +3,700
Disaster resilience...... ............... ............... 130,723 126,723 +126,723 +126,723 -4,000
----------------------------------------------------------------------------------------------------------------------
Subtotal, Research, 449,960 467,000 467,000 467,000 +17,040 ............... ...............
development and
innovation............
Laboratory facilities........ 164,714 857,785 547,785 547,785 +383,071 -310,000 ...............
Acquisition and operations 47,921 41,703 41,703 41,703 -6,218 ............... ...............
support.....................
University programs.......... 39,947 31,000 40,000 33,000 -6,947 +2,000 -7,000
Emergency appropriations 3,249 ............... ............... ............... -3,249 ............... ...............
(Public Law 113-2)..........
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 705,791 1,397,488 1,096,488 1,089,488 +383,697 -308,000 -7,000
----------------------------------------------------------------------------------------------------------------------
Total, Science and 837,617 1,527,096 1,225,488 1,218,488 +380,871 -308,608 -7,000
Technology................
======================================================================================================================
Domestic Nuclear Detection Office
Management and administration.... 39,598 37,510 37,353 37,353 -2,245 -157 ...............
Research, development, and
operations:
Systems engineering and 29,960 21,222 21,222 21,000 -8,960 -222 -222
architecture................
Systems development.......... 27,963 21,243 21,243 21,000 -6,963 -243 -243
Transformational research and 74,667 75,291 75,291 75,000 +333 -291 -291
development.................
Assessments.................. 32,956 39,918 39,918 39,300 +6,344 -618 -618
Operations support........... 35,453 30,835 30,835 30,200 -5,253 -635 -635
National Technical Nuclear 25,530 22,701 22,701 22,700 -2,830 -1 -1
Forensics Center............
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 226,529 211,210 211,210 209,200 -17,329 -2,010 -2,010
Systems Acquisition:
Radiation portal monitor 1,353 7,000 7,000 7,000 +5,647 ............... ...............
program.....................
Securing the cities.......... 21,971 22,000 22,000 22,000 +29 ............... ...............
Human portable radiation 28,063 13,600 13,600 13,600 -14,463 ............... ...............
detection systems...........
Emergency appropriations 3,869 ............... ............... ............... -3,869 ............... ...............
(Public Law 113-2)..........
----------------------------------------------------------------------------------------------------------------------
Subtotal................... 55,256 42,600 42,600 42,600 -12,656 ............... ...............
----------------------------------------------------------------------------------------------------------------------
Total, Domestic Nuclear 321,383 291,320 291,163 289,153 -32,230 -2,167 -2,010
Detection Office..........
======================================================================================================================
Total, title IV, Research 1,527,290 2,214,058 1,889,594 1,885,260 +357,970 -328,798 -4,334
and Development, Training,
and Services..............
Appropriations......... (1,520,172) (2,214,058) (1,889,594) (1,885,260) (+365,088) (-328,798) (-4,334)
Emergency (7,118) ............... ............... ............... (-7,118) ............... ...............
appropriations........
(Fee Accounts)............. (2,882,457) (3,095,253) (3,095,253) (3,100,253) (+217,796) (+5,000) (+5,000)
======================================================================================================================
TITLE V--GENERAL PROVISIONS
USCIS Immigrant integration 2,497 ............... ............... ............... -2,497 ............... ...............
grants..........................
NSSE reimbursement fund.......... 4,993 ............... ............... ............... -4,993 ............... ...............
Data center migration............ 54,927 ............... 34,200 54,200 -727 +54,200 +20,000
DHS Consolidated headquarters 28,962 ............... ............... 43,300 +14,338 +43,300 +43,300
project.........................
Community disaster loans......... 13,000 ............... ............... ............... -13,000 ............... ...............
DHS Lapsed balances (lapsed -24,921 ............... ............... -1,718 +23,203 -1,718 -1,718
appropriations).................
Rescission of NPPD IPIS -1,683 ............... ............... ............... +1,683 ............... ...............
unobligated balances............
DHS appropriations (legacy) -7,680 ............... ............... ............... +7,680 ............... ...............
(rescission)....................
Working capital fund (rescission) ............... ............... -9,000 ............... ............... ............... +9,000
(defense).......................
Working capital fund (rescission) ............... ............... -241,000 ............... ............... ............... +241,000
(nondefense)....................
Visa lottery fee................. ............... -50,000 -50,000 -50,000 -50,000 ............... ...............
Analysis and operations -1,800 ............... ............... ............... +1,800 ............... ...............
(rescission)....................
CBP BSFIT (rescission)........... -73,232 ............... ............... ............... +73,232 ............... ...............
ICE Construction (rescission).... -9,516 ............... ............... ............... +9,516 ............... ...............
TSA Surface transportation -21,667 ............... ............... ............... +21,667 ............... ...............
(rescission)....................
Rescission of NSC #5 fiscal year -43,500 ............... ............... ............... +43,500 ............... ...............
2011 funding....................
Rescission of NSC #4 fiscal year -25,000 ............... ............... ............... +25,000 ............... ...............
2010 funding....................
Rescission of NSC................ -25,000 ............... ............... ............... +25,000 ............... ...............
CBP BSFIT unobligated balance ............... ............... ............... -61,783 -61,783 -61,783 -61,783
(rescission)....................
Columbia Free Trade Act ............... 110,000 ............... 110,000 +110,000 ............... +110,000
Collections.....................
U.S. Coast Guard AC&I -15,000 -14,500 -14,500 -14,500 +500 ............... ...............
(rescission) (Public Law 111-83)
U.S. Coast Guard AC&I -15,000 -9,000 -21,612 -29,000 -14,000 -20,000 -7,388
(rescission) (Public Law 112-10)
U.S. Coast Guard AC&I ............... -18,500 -41,000 -31,500 -31,500 -13,000 +9,500
(rescission) (Public Law 112-74)
U.S. Coast Guard AC&I ............... ............... -32,479 ............... ............... ............... +32,479
(rescission) (Public Law 113-6).
Patrol boats (fiscal year 2010) -8,000 ............... ............... ............... +8,000 ............... ...............
(rescission)....................
U.S. Coast Guard AC&I -5,000 ............... ............... ............... +5,000 ............... ...............
(rescission)....................
H-60 (rescission)................ -3,000 ............... ............... ............... +3,000 ............... ...............
Program management (rescission).. -5,000 ............... ............... ............... +5,000 ............... ...............
TSA Aviation security (70 x 0550) ............... ............... ............... -1,500 -1,500 -1,500 -1,500
(rescission)....................
H-65 (rescission)................ -10,000 ............... ............... ............... +10,000 ............... ...............
TSA research and development ............... ............... ............... -977 -977 -977 -977
(rescission)....................
Treasury asset forfeiture fund ............... ............... -100,000 -100,000 -100,000 -100,000 ...............
(rescission)....................
Predisaster mitigation fund -12,000 ............... ............... ............... +12,000 ............... ...............
(rescission)....................
======================================================================================================================
Total, title V, General -202,620 18,000 -475,391 -83,478 +119,142 -101,478 +391,913
Provisions................
Appropriations......... (104,379) (60,000) (-15,800) (157,500) (+53,121) (+97,500) (+173,300)
Rescissions............ (-306,999) (-42,000) (-459,591) (-240,978) (+66,021) (-198,978) (+218,613)
======================================================================================================================
Grand Total................ 59,742,509 46,114,108 46,077,222 46,413,386 -13,329,123 +299,278 +336,164
Appropriations......... (41,323,600) (40,529,722) (40,910,427) (40,800,978) (-522,622) (+271,256) (-109,449)
Rescissions............ (-306,999) (-42,000) (-459,591) (-240,978) (+66,021) (-198,978) (+218,613)
Emergency (6,692,908) ............... ............... ............... (-6,692,908) ............... ...............
appropriations........
Overseas Contingency (254,000) ............... ............... (227,000) (-27,000) (+227,000) (+227,000)
Operations/Global War
on Terrorism..........
Disaster Relief Category... (11,779,000) (5,626,386) (5,626,386) (5,626,386) (-6,152,614) ............... ...............
(Fee Funded Programs)...... (4,792,962) (5,569,976) (5,569,976) (5,574,976) (+782,014) (+5,000) (+5,000)
(By transfer).............. (24,000) (24,000) (24,000) (24,000) ............... ............... ...............
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