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Legislation News & Report (TM) TheWeekInCongress.com (TM) Appropriations: Dept. of Homeland Security
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TheWeekInCongress.com (TM) Week Ending June 15, 2007
H.R.2638 Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes.
It has become a tradition when introducing the Department of Homeland Security appropriation bills over the past few years for the appropriation committees to note that, despite time and tremendous financial resources provided to DHS, progress on securing the nation’s borders, critical infrastructure, air and surface transportation, and crucial technology regarding the identity of those who visit and leave the US has been slow. The bills then aimed to speed things up. This bill is no exception.
Past Congress’s have cautiously warned DHS about its failure to provide the progress and clarifying reports Congress has asked for. In the early years, the requested reports number was over 100 and the reports submitted were under 40.
This bill aims to move DHS forward in several areas: The bill report notes that a government-wide survey ranked DHS “last in job satisfaction, last on results-oriented performance culture, next to last on leadership and knowledge management, and third from last on talented management.” Priority initiatives such as border security and immigration guest worker reform are launched with insufficient planning, the Committee concludes. Although the President has enormous control of defining projects and approaches to various DHS initiatives this bill aims to require “thoughtful, organized and comprehensive program and policy proposals” to Congress. The Committee “has not funded initiatives for which the Department can provide no detailed plan, and has withheld from obligation a total of $1.9 billion in partial funding for nine programs until detailed plans are provided to the Congress.”
DHS has not been denied funding by previous Congress’ but this Committee questions the priorities of the funding requests. Various report sources have asserted that the first line of protection for individual Americans and communities is the so-called first responders such as State and local police, fire fighters, etcetera and the first wall of protection for the nation are its ports and borders. Despite past requests for funds in those areas they appear to be still in need of financing and key recommendations for increased funding are not adhered to. The Committee referred to the US Coast Guard estimate “…that $7 billion was needed in infrastructure improvements and operating costs to implement the sea port security improvements mandated in the Maritime Transportation Security Act. To date, only $1.2 billion has been provided…” Despite the disparity in funding provided in the report, the bill only adds about $440 million USCG efforts. The bill would spend over $3 billion on grants to State for various first responder needs and over $5 billion of air and surface transportation security needs. The Transportation Security Administration is ordered to double the amount of airplane cargo inspected. A $1 billion surplus of funds for specific in-bound cargo security is to be used with no further funding until Congress received a more detailed report on spending. $1 billion is added to border fencing and infrastructure. DHS spends $12 billion yearly on border security with most going to increased personnel and resources on the southern border.
Improving the Department's stewardship of taxpayer resources by increasing competition in the awarding of grants and contracts, and promoting investments in programs with dual benefits aims to increase oversight staff within the agency with the expected benefit of giving voice to innovative ideas otherwise not considered if grants are no competitive. Grant funding in the bill more so require the competitive process but leave the Secretary free to waive that process in the event of a need for emergency spending. The Office of Inspector General is the primary investigator of taxpayer’s dollars. The bill requires the Secretary of DHS to communicate directly to employees their responsibility to cooperate with Inspector General inquiries. The IG has reported problems obtaining information from the Department.
Developing more rigorous and comprehensive risk analysis tools; Putting the Department on a path toward meeting well known and established security needs and correcting recent failures; and Ensuring that privacy and civil rights are protected as homeland security is enhanced.”
The bill appears to provide no earmarks, spending directed to an entity without the competitive or merit-based selection processes or funds and resources directed to a Member's district and other special spending. In the interest of addressing national security requirements quickly without a burdensome process much of the appropriated spending may be disbursed to contractors through Executive Branch agencies as provided for under previous law.
AMENDMENTS Amendment activity was extensive and very provision specific. Most amendments targeted a reduction or increase in spending for specific projects or programs. Brief summaries of the amendments and votes on them can be read below.
Sponsor: Rep. David E. Price (D-NC-4th) Vote: A motion to recommit the bill to assure implementation of border fencing and other technology and infrastructure on the southern border was not agreed to June 15, 2007 200 TO 217 (RC 490). The House passed the bill June 15, 2007 268 to 150 (RC 491) The Senate agreed to the bill amended July 26, 2007 89 to 4 RV 282
Cost to the taxpayers: $36.3 billion Earmark Certification: Read Here ## All Rights Reserved. © 2007 TheWeekInCongress.com(TM) No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)
MORE INFORMATION APPROPRIATION COMMITTEE’S STATEMENTS ON THE BILL Statement on earmarks in the bill Statement on department leadership Stewardship of taxpayer’s dollar Meeting established security needs Building on success, correcting failures
TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS TITLE II---SECURITY, ENFORCEMENT, AND INVESTIGATIONS TITLE III---PROTECTION, PREPAREDNESS, RESPONSE AND RECOVERY TITLE IV---RESEARCH AND DEVELOPMENT, TRAINING AND SERVICES
APPROPRIATION COMMITTEE’S EXPRESSED PRIORITIES OF THE BILL The Department of Homeland Security (DHS) was established in March 2003 to prevent terrorist attacks in the United States, reduce America's vulnerabilities to catastrophic events, and minimize damage and enhance recovery from attacks and disasters. While the security of our nation has improved since 9/11, many wonder why, six years after that terrible day, we are not further along in reducing known vulnerabilities. The Department has been slow to integrate traditional legacy agency missions with new homeland security missions, and the Federal Emergency Management Agency (FEMA), the primary emergency response agency, was left to disintegrate.
This year, the Committee conducted 20 hearings over two months, beginning with hearings involving outside experts--both practitioners and academics--on the steps the Department and the nation must take to improve homeland security. These early hearings covered overarching topics such as five and ten year goals; risk assessment; management challenges; privacy protections; and investment trade-offs. Many witnesses testified that homeland security investments should serve dual purposes, instead of being focused on terrorism alone, and that risk analysis must be significantly improved and should address all hazards.
The Committee's hearings covered every component and agency of the Department and involved testimony from every high-level Departmental administrator, beginning with the Secretary. The hearings frequently paired Departmental officials on the same panel with experts from the Government Accountability Office and the Inspector General to ensure that the Committee received full information and analysis about Departmental activities. The Committee's intention has been to reassess the Department's performance since its inception and to reevaluate and substantiate its goals for the future. The Committee's goal is to require of the Department the highest level of accountability for carrying out its planning, procuring, managing, and overseeing responsibilities.
Given the critical and demanding nature of the Department's mission, there may well be expectations that it simply cannot meet given resource limitations and the current state of technology: the statutory requirement for the implementation of a comprehensive biometric-exit capability at land ports of entry may prove to be such a case, at least in the short-term. Neither Congress nor the American people expect miracles; when the Department is unable to meet a requirement, the Committee expects Departmental leadership to be frank and clear about its limitations.
The Committee has identified a number of programs and activities that would benefit, in particular, from expert review by an outside entity. The Committee has therefore directed the implementation of 16 studies or reviews by the Government Accountability Office (GAO), the National Academy of Sciences, or the National Academy of Public Administration. Among the issues for study are the coordination of the government-wide homeland security research portfolio and the opportunity costs in other research areas as homeland security activities absorb a larger share of limited resources; the current direction of the BioWatch program; and the integration of FEMA's preparedness and response programs.
With the testimony from the Committee hearings in mind, the Committee focuses its recommendations for funding in this bill on the following: improving the operation of the Department; improving the Department's stewardship of taxpayer resources by increasing competition in the awarding of grants and contracts, and promoting investments in programs with dual benefits; developing more rigorous and comprehensive risk analysis tools; putting the Department on a path toward meeting well known and established security needs and correcting recent failures; and ensuring that privacy and civil rights are protected as homeland security is enhanced.
APPROPRIATION COMMITTEE’S STATEMENT ON EARMARKS IN THE BILL Congress has made significant reforms in the way it reviews funding for the Federal government, reforms which the Committee takes very seriously as it executes its constitutional authority. Earmarking or directed spending of Federal dollars does not begin with Congress. It begins with the Executive Branch. The following is an illustrative list of border patrol and other construction projects submitted by the Administration: Sierra Vista, AZ hangar and flight center; Yuma, AZ hangar; Uvalde, TX hangar; Laredo, TX hangar; Marfa, TX hangar; Three Points, AZ, border patrol station; Sasabe, AZ, border patrol station; Boulevard, CA, border patrol station; and Blythe, CA, border patrol station.
The Administration, in selecting these projects, goes through a process that is the functional equivalent of earmarking. When the Committee reviews the budget request, it goes through a process of rigorous review and may alter or modify this list to reflect additional priorities.
The Executive Branch also determines which entities and areas should receive grant funds. In homeland security, over $4.3 billion in grant funding is allocated per year solely at the discretion of the Executive Branch. Hard and fast rules on how homeland security grant proposals are evaluated and rank ordered are not in place. In fact, even the Government Accountability Office has been unable to ascertain how decisions are made on some of the grant awards. As light is shone on the Congressional process in directing grant funding, so should it be shone on the Executive Branch process.
Finally, the Executive Branch steers or directs money to specific entities or purposes through a process of contracting-out various activities and services. In many important work locations, the number of people working for contractors exceeds the number of Federal employees in the same building or location. In the Transportation Security Administration, for example, 80 percent of the employees who work on air cargo security are not federal employees, but contractors. When added together, the Executive Branch steers or directs far greater spending to specific projects or corporations than is directed or earmarked by Congress. Many of these, in fact, are noncompetitive or sole-sourced. And the practice of non-competitive contracting has exploded in the past five years. For example, the Federal Emergency Management Agency recently submitted to the Committee a list of 3,982 contracts that were never competitively bid. In this bill, the Committee includes language mandating that all grants and contracts be competitively awarded
The Committee provides no recommendation at this time for specific projects contained in either the Administration's budget or proposed by Members of Congress. Individual project allocations will be considered comprehensively after the Committee has properly analyzed all relevant information.
Appropriation Committee’s statement on department management This year's hearings made clear DHS's significant and continuing challenges in transforming its huge workforce and diverse collection of offices and agencies into a coherent, effective Department. Since the Department was created, the organizational integrity of its constituent agencies has been insufficiently protected and valued. The result has been time and energy wasted on interagency turf battles and a DHS workforce that is among the most demoralized in Federal government. According to a recent government-wide survey of Federal employees, the Department ranks last in job satisfaction, last on results-oriented performance culture, next to last on leadership and knowledge management, and third from last on talented management. No organization can thrive unless it recruits, retains and inspires competent personnel. The Committee is concerned that the Department continues to launch initiatives, including for Administration `top priorities' such as border security and immigration, with an insufficient level of planning. The Secure Border Initiative (SBI) and the Immigration Guest Worker program are prime examples. While the Committee recognizes the need for the Administration to respond quickly to security vulnerabilities, it expects the Department to submit thoughtful, organized and comprehensive program and policy proposals to the Congress. The Department leaves itself vulnerable to cost increases if its programs are defined at the same time they are being implemented. In general, the Committee has not funded initiatives for which the Department can provide no detailed plan, and has withheld from obligation a total of $1.9 billion in partial funding for nine programs until detailed plans are provided to the Congress. For example, $400,000,000 is withheld from obligation until the Coast Guard submits a Deepwater expenditure plan that lays out key management items; $700,000,000 is withheld from obligation until U.S. Customs and Border Protection submits an SBI expenditure plan that describes how funding is allocated to the highest priority border security needs and how Northern Border vulnerabilities will be addressed; and $100,000,000 is withheld from obligation pending the results of the Western Hemisphere Travel Initiative pilot projects. Many outside
experts have identified the need for greater vertical and horizontal
integration of DHS's efforts and programs, to include coordination among
the Department, State and local officials and first responders;
coordination and partnerships with other Federal agencies; and information
exchange and consultation with the private sector. The private sector owns
85 percent of the assets identified as critical by DHS. A prime example of
continuing integration problems was revealed at a hearing on the Justice
Department's budget, when the Justice official responsible for
distributing grant funding to local police neither knew what the DHS law
enforcement grant funding budget was, nor had spoken with DHS grant
officials. To spur progress, the Committee has provided funding for
intelligence fusion centers, where information is shared with State and
local officials, and national infrastructure protection efforts that
involve structured public-private partnerships to identify and mitigate
critical vulnerabilities.
Stewardship of taxpayer’s dollars Nearly every leading expert on homeland security suggests that investments in programs that support first responders pay off during a terrorist attack, natural disaster, chemical spill, or other anticipated or unanticipated crises. When law enforcement agencies at all levels of government have better communication technology and develop common protocols, the benefit is not just to the fight against terrorism. When our borders are better controlled, tools that help detect and stop terrorists from entering will also help catch more criminals and smugglers. Many DHS programs provide such dual benefits. The Committee has provided increased funding to several DHS programs that `pay off' in more than one way. Specifically, the Committee recommends $4.12 billion for first responder grant, training and preparedness programs, $1.8 billion above the amount requested, and $673,000,000 above the amount appropriated to DHS for 2007. Funding at this level will help the Department begin to meet the investment goals set out in the 2003 Hart-Rudman report, `Drastically Underfunded, Dangerously Unprepared,' which found that `America will fall approximately $98 billion short of meeting critical emergency responder needs over the next five years if current funding levels are maintained.' A report by the `Task Force on A Unified Security Budget for the United States, 2006' similarly found that funding reductions for preparedness and response programs `translate into dangerous vulnerabilities, given the scope and character of the terrorist threat.' We must invest in the capabilities of our police and firefighters because the very first layer of our nation's security is `hometown' security. The Committee has also provided funding for a National Academy of Sciences study on the Department's risk analysis capabilities and the improvements needed to ensure that investments are well targeted. The Administration has repeatedly stated that port security lies in the hands of Federal border agents, the Coast Guard, port authorities and police agencies. Improvements to port security programs benefit trade, as well as terrorism prevention. In 2002, the Coast Guard estimated that $7 billion was needed in infrastructure improvements and operating costs to implement the sea port security improvements mandated in the Maritime Transportation Security Act. To date, only $1.2 billion has been provided, including funding in the recently-enacted 2007 supplemental appropriations. This bill contains $400 million for port security improvements. Unfortunately, no additional funding was requested in the Administration's budget to implement the additional port security requirements defined in the 2006 Security and Accountability For Every Port Act. The Committee provides an additional $40,000,000 for the Coast Guard to meet these mandates.
Meaningful Border Security
DHS spends more than $12 billion annually, about a third of its discretionary budget, on programs and operations designed to ensure the integrity of the nation's borders, including activities to prevent terrorism, smuggling, crime, and illegal immigration. Yet, today our border security is uneven. Funding increases have swollen the ranks of the Border Patrol, which (with this bill) will exceed the staffing increases of 2,000 agents per year required under the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA). By the end of fiscal year 2008, the Border Patrol will employ a record 17,819 agents. Border Patrol agent staffing on the Northern Border, however, has not kept pace with statutory IRTPA targets. Similarly, Congress appropriated $1.5 billion in fiscal years 2006 and 2007 to establish the SBI; yet SBI has focused exclusively on the Southwest Border, to the detriment of the Northern Border and coastlines, which are no less vulnerable. In addition, the program is concentrating on infrastructure between ports of entry, but is not addressing the logical shift of illegal activity to poorly equipped, staffed and designed ports of entry. The US-VISIT program, with $1,750,000,000 in appropriations to date, has only addressed the entry aspect of the entry-exit problem; and new initiatives, such as the Western Hemisphere Travel Initiative (WHTI), are being developed without data from pilot tests or a comprehensive vision for their implementation that is fully transparent to the public and Congress. In hearings, the Committee was struck by testimony from GAO that questioned the adequacy of justifications for spending actions by the Department, and by the inability of DHS witnesses to justify fully investments. The Committee includes language and funding in the bill and report requiring the Department to comprehensively plan and budget for border security activities; adequately address the problems of the Northern Border; reduce pressure on ports of entry; complete planning for WHTI; develop an exit strategy under US-VISIT (or explain why no near term solution is possible); and strengthen validation of Customs-Trade Partnership Against Terrorism participants. In addition, the bill provides $50,000,000 to help recruit and retain CBP Officers by providing them the same retirement benefits as other law enforcement officers. The Committee includes $1 billion for Border Security, Fencing, Infrastructure and Technology, but has strengthened statutory requirements for the release of funding to ensure that the Department clearly explains how it will plan for and finance a more comprehensive approach to border security. The Committee expects full consultation with affected communities and intends to link future funding to the Department's success in planning, developing, and implementing systems that meet the security needs of the nation without penalizing legitimate travel and commerce.
Contracting Oversight DHS spends more than $15 billion annually, more than 40 percent of its discretionary budget, on contracts and acquisitions. In a review performed for the Committee, the GAO found that DHS agencies have experienced ongoing cost, schedule, and performance problems with major acquisitions, including the Coast Guard's Deepwater program, and the procurement of services. DHS is in need of major improvements to its acquisition oversight and managerial process. For instance, most DHS component agencies were found to be unaware of the DHS requirement that they conduct yearly annual acquisition reviews. The Committee is committed to ensuring that DHS invests acquisition dollars only in projects that are well-planned, competitively awarded, well managed, and closely overseen. To address this concern, the Committee has increased funding for the Department's procurement office by over $10,000,000, or 60 percent above fiscal year 2007, so that more oversight staff can be hired and all staff can be well trained. The bill also requires specific contracting and acquisition management reforms by the Coast Guard. The Committee is particularly concerned that some DHS funding, including grants and contracts, is being awarded with limited or no competition for those dollars. Competition not only helps ensure that the Government gets the biggest benefit from its investments, but also exposes the Government to new ideas and new directions that it may not have considered. Competition begets innovation; and innovative solutions are sorely needed at DHS. Therefore, the Committee has included bill language mandating that grant and contract funding provided in this Act be awarded through competitive procedures, while giving the Secretary the ability to waive this requirement in time of emergency.
Meeting established security needs Many specific homeland security vulnerabilities have not been sufficiently addressed by the Department, including those at our transit systems and ports, in aviation, on the Northern Border, and related to identifying criminal aliens who are deportable. The Committee recommends placing DHS on a path toward significantly improving security in these five specific areas over the next five years. Since 9/11, technological strides have permitted better detection of explosives and other threats in checked and carry-on baggage, on people, and in containers and cargo. However, the Department has been slow to test, procure and install these technologies. The Committee has provided resources in this bill to decrease vulnerabilities in transportation security and to correct this under investment. These resources will accelerate the deployment of the best possible screening solutions to protect our citizens and allow us to readily adapt to potential threats. When combined with funding provided for 2007, including funding in the recently-enacted 2007 supplemental appropriations, the $560,000,000 provided in this bill will meet one-sixth of the total need identified in the most recent aviation baggage screening study. While passengers and checked baggage are routinely inspected, cargo carried on passenger aircraft today is not. In fact, the Transportation Security Administration (TSA) only recently set up a system to help determine how much air cargo is actually screened for explosives; its prior security system was the compilation of written reviews by air cargo inspectors. The bill addresses this glaring vulnerability by mandating that TSA double the amount of air cargo carried on passenger aircraft that is screened for explosives. This requirement puts TSA on a path toward screening all such cargo within three years. The bill also begins the effort to address a third aviation security vulnerability: the current lack of routine screening of airport workers as they enter and re-enter secure airport space. Funding is included to pilot full screening of airport workers at seven airports. As demonstrated by recent attacks in London and Madrid, transit systems are vulnerable terrorist targets. Yet, only $724,200,000 has been provided since 9/11 to secure them, including funding in the recently-enacted 2007 supplemental appropriations. The transit industry estimates that $6 billion is needed for security training, radio communications systems, security cameras, and access controls. The $400,000,000 provided in this bill for transit and rail security puts the nation on a path toward meeting the majority of these identified security needs within six years. The Committee has heard repeatedly that the Northern Border is more vulnerable to terrorism than the Southwest Border. Yet the Administration has transferred resources and personnel from the Northern to the Southwest Border. The Committee has funded the U.S. Customs and Border Protection plan to better secure the Northern Border by establishing and equipping Northern Border airwings and by piloting a possible solution to meeting the mandates of the Western Hemisphere Travel Initiative. The Committee is concerned, however, that the Secure Border Initiative (SBI) Program contains no specific funding for further Northern Border security enhancements. The Committee has directed the Administration to provide a SBI plan that includes a plan for addressing the security of the Northern Border. If the Committee followed the budget requested by the Administration, many illegal aliens who have been convicted of crimes and are currently incarcerated would be released from prison before DHS even became aware of them. The Committee addresses this problem by requiring the Department to obtain information from every jail, prison, and detention facility in the U.S. on a monthly basis to identify every incarcerated alien who may be subject to deportation and to ensure that each such person judged deportable is removed from the United States upon release from the corrections system. According to DHS estimates, prisons and jails of this country currently hold 630,000 foreign nationals who have been convicted of crimes.
Building on success, correcting failures Terrorists and others wishing to do harm are constantly looking for vulnerabilities and weaknesses that can be exploited to cause physical and psychological damage to our homeland. To counter this, DHS must become a well functioning organization that seeks to learn from its mistakes, identify and correct potential errors and, when necessary, admit when a solution is beyond the reach of current capabilities. The Department should constantly test its current systems to identify weaknesses and find ways to adapt to the next threat. To address this need, the Committee has encouraged the Department to be more proactive in red teaming and undertaking critical program evaluations. Red teaming involves the use of `what if' experts who devise possible ways to attack or harm us and then test the system to see if it can defend against such tactics. For example, GAO investigators printed a fake Nuclear Regulatory Commission certificate on a computer and used it to carry radiological material into the U.S. from Canada. In that case, CBP officers accurately detected the presence of radiological material, but were unable to identify the documents as forged. While this vulnerability has been corrected, the routine use of red teams is necessary to identify others that almost certainly exist. The Committee has provided $16,000,000, 13 percent above the current level, to expand the use of red teaming activities throughout DHS. There is a consensus that FEMA must be restored to the strong role it had in the 1990s to avoid a repeat of its inept response to Hurricane Katrina. The Nation must properly prepare for and respond to disasters of every kind because they are going to occur. While a hurricane or tornado cannot be prevented, this country can ensure that strict building codes are enforced, that strong mitigation programs are utilized around the country to prevent repetitive loss, and that our first responders are well-equipped and well trained. Among FEMA's biggest continuing challenges are inadequate staffing and poorly functioning information technology, grants and financial management systems. The Committee provides $100,000,000 in the bill to address these deficiencies. Privacy and civil liberties The Department is faced with numerous challenges in the privacy and civil rights area, including a lack of stability at the leadership level. In the four short years the Department has existed, three different individuals have led the Department of Homeland Security's Privacy Office, either officially or in an extended acting capacity. The Privacy Office was created so that privacy issues would receive prominent attention by DHS as it formulated policy--yet this has not always happened. In fact, weak DHS compliance with the Privacy Act has been found at least three times in the past three years: with the ADVISE program, the Secure Flight Program, and with the Automated Targeting System for Airline Passengers. Looking ahead, other critical privacy issues must be addressed through assessments related to State actions under the REAL ID Act; the Transportation Worker Identification Card; the Western Hemisphere Travel Initiative PASS Card; and Aviation Registered Traveler information. Citizens and residents should know what the government and its agents do with personally identifiable information, and how such information will be protected. The Government Accountability Office (GAO) recommended that early attention to privacy in developing key DHS programs be used to reduce cost risks. The Committee has provided direction throughout this bill and report requiring the Department to implement this recommendation. The civil rights component of the Department is currently investigating allegations concerning profiling, discrimination, and the condition of detention facilities. With a total of 47 staff, it is the smallest civil rights office of any major cabinet agency. The Committee provides additional resources to expand the efforts of this office to address the full range of civil rights concerns.
TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS Office of the Secretary The mission of the Office of the Secretary and Executive Management is to provide efficient services to the Department of Homeland Security and to support the Department in the achievement of its strategic goals: preventing terrorist attacks within the United States; reducing America's vulnerabilities to terrorism and natural disaster; and minimizing damage and expediting recovery from attacks or disasters that may occur. The Committee recommends $102,930,000 for the Office of the Secretary and Executive Management, $5,009,000. The Committee recommends $2,540,000 for the Immediate Office of the Secretary. The Committee recommends $1,185,000 for the Immediate Office of the Deputy Secretary
The Committee directs the Secretary immediately to clearly define, in a memorandum to all DHS employees, the roles and responsibilities of the Inspector General (IG) and the roles and responsibilities of all DHS employees in responding to requests by the IG. The IG has requested such a memo to address recent problems obtaining information from the Department. Although the Secretary testified that he intended to meet the IG's request, the Committee understands that has yet to be accomplished.
Office of Counter-narcotics The Committee recommends $3,000,000 for the Office of Counter-narcotics Enforcement.
Executive Secretary The Committee recommends $4,588,000 for the Executive Secretary.
Office of Policy The Committee recommends $32,500,000 for the Office of Policy.
Secure Border Initiative Executive Office The Committee recommends $4,500,000 for the Secure Border Initiative Program Executive Office.
Office of Public Affairs The Committee recommends $6,300,000 for the Office of Public Affairs.
Office of Legislative and Intergovernmental Affairs The Committee recommends $4,618,000 for the Office of Legislative and Intergovernmental Affairs.
Office of the General Counsel The Committee recommends $14,000,000 for the Office of General Counsel.
Office of Civil Rights and Liberties The Committee recommends $15,000,000 for the Office of Civil Rights and Liberties
Citizenship and Immigration Service Ombudsman The Committee recommends $6,060,000 for the Citizenship and Immigration Services Ombudsman.
Privacy Officer The Committee recommends $6,000,000 for the Privacy Officer.
Office of Under Secretary for Management The Office of the Under Secretary for Management's primary mission is to deliver quality administrative support services for human resources and personnel; facilities, property, equipment and other material resources management; safety, health and environmental protection; and identification and tracking of performance measurements relating to the responsibilities of the Department. This office is also in charge of implementing a mission support structure for the Department of Homeland Security to deliver administrative services while eliminating redundancies and reducing support costs. The Committee recommends $237,765,000 for the Office of the Under Secretary for Management
Office of Security The Committee recommends $52,990,000 for the Office of Security. Office of Chief Procurement Officer The Committee recommends $27,055,000 for the Office of the Chief Procurement Officer.
Office of Chief Human Capital Officer The Committee recommends $13,278,000 for the Office of the Chief Human Capital Officer.
Office of Chief Administrative Officer The Committee recommends $142,430,000 for the Office of the Chief Administrative Officer and $101,000,000 is for costs associated with DHS headquarters needs at the Nebraska Avenue Complex and the proposed consolidated DHS headquarters campus at the St. Elizabeths Hospital site in Washington, D.C. The Committee includes bill language withholding funds to design, build or relocate any Departmental activity to St. Elizabeths until the Department provides two critical items to the Committee: (1) a published U-Visa rule, regarding victims of domestic violence, which is more than six years behind schedule; and (2) a detailed expenditure plan for aviation checkpoint and checked baggage explosive detection system procurement and installations. Since the Department is currently working on both of these items, the Committee expects them easily to be provided to the Committee quickly.
DHS headquarter facilities The Committee includes $101,000,000 for headquarters-related projects at DHS. While the St. Elizabeths site offers a good opportunity for DHS component and headquarters functions to be co-located in a secure setting, the Committee is concerned that DHS has not developed a fully-integrated plan for shared use space such as auditoriums and large meeting areas, special storage facilities, child care centers, and campus dining facilities. In addition, the Committee questions the Department's facility security strategy for the St. Elizabeths campus. Buildings on a controlled-access campus in a quasi-suburban location may not require the same level of structural hardening and blast resistance as street-level buildings in an urban core. The Committee is also concerned the Department's plan to co-locate representatives of all DHS agencies at the St. Elizabeths campus may result in the separation of top agency leadership from day-to-day management and operational coordination at organizations not entirely located at the new facility. Since final allocation of space at the St. Elizabeths facility is still under development, the Committee directs the Department to ensure that no DHS agency head is relocated to the new campus without sufficient staff and managerial support to ensure operational control and continuity of the component organization. Finally, the Committee has reservations about the scope of the lead project for the St. Elizabeths campus, the Coast Guard headquarters facility. The prospectus for this construction assumes a 40 percent growth in floor space and a 18 percent growth in headquarters personnel. The Coast Guard program of requirements for the new building includes a variety of questionable elements, including a 23,000 square foot conference center and auditorium, a 10,000 square foot band rehearsal space, and an 8,000 square foot historian's office. The Committee directs the Department and the Coast Guard to plan a headquarters facility that balances growth with more realistic cost assumptions. In keeping with this direction, the Committee provides funding for no more than a five percent increase in headquarters staffing and a 20 percent increase in floor space.
Office of Chief Financial Officer The primary responsibilities and functions of the Office of the Chief Financial Officer include budget execution and oversight; performance analysis and evaluation; oversight of the Department's financial management system; oversight of the Department's business and financial management systems across all agencies and directorates; and oversight of credit card programs and audit liaisons. The Committee recommends $32,000,000 for the Office of the Chief Financial Officer
The Committee recommends no funding for the appropriations liaison positions because the Committee has derived no benefit from them over the past year. The Department has frequently failed to provide information to the Committee in a timely and accurate manner. The Committee has at times learned of major announcements from Departmental press releases rather than from the CFO, even in cases in which the CFO has been well aware of the Committee's particular interest in the subject. The Committee expects the Secretary and the Under Secretary for Management to correct this situation immediately.
Congressional Budget Justifications The Committee directs the Department to submit all of its fiscal year 2009 budget justifications on the first Monday in February 2008, concurrent with the official submission of the President's budget to Congress. This should include all classified budgets as well as non-classified budgets. These justifications should have the customary level of detailed data and explanatory statements to support appropriations requests, including tables that detail each agency's programs, projects, and activities for fiscal years 2008 and 2009. The Committee directs the CFO to ensure that adequate justification is given for each increase, decrease, and staffing change proposed for fiscal year 2009, particularly within the Office of Health Affairs, National Protection and Programs Directorate, Science and Technology Directorate, and the Domestic Nuclear Detection Office. The Committee notes that there were many instances in which the fiscal year 2008 budget justification provided limited, and sometimes contradictory, information. For example, individual programs within some appropriation requests failed to clearly identify funding levels. The CFO shall submit, as part of the justifications, a detailed table identifying the last year authorizing legislation was provided by Congress for each appropriation account, the amount of the authorization; and the appropriation in the last year of the authorization.
Monthly Reporting Requirements The Committee is pleased that the Department has provided more timely monthly budget execution reports. The Committee relies on these reports to provide early warning of financial problems. To ensure that these reports continue to be received on time, the Committee continues bill language (Sec. 524) requiring monthly budget and staffing reports within 45 days after the close of each month.
Office of the Chief Information Officer The Chief Information Officer (CIO) has oversight of all information technology projects in the Department. The CIO reviews and approves all DHS information technology (IT) acquisitions estimated to cost over $2,500,000, and also approves the hiring and oversees the performance of all DHS component CIOs. The CIO has input into the development and execution of each component's information technology budget. The Committee recommends $258,621,000 for the Office of the Chief Information Officer,
Security Activities The Committee recommends $89,400,000 for security activities, the same level as the budget request and $13,000 above the amount provided for fiscal year 2007. Annual funding for security activities has more than quadrupled since 2006; yet both the Office of Inspector General and the GAO continue to report extensive information technology security vulnerabilities at DHS. The Committee is determined to see the resources dedicated to security activities spent wisely, and therefore directs the CIO to provide a briefing no later than November 1, 2007, on the plans for improving DHS IT security and the projected milestones that will be achieved with the 2008 appropriations.
Information Technology Services
The Committee recognizes that DHS is making investments in business support applications so that it performs its work and manages its resources more efficiently. However, given recent court decisions barring the Department from implementing the MAX-HR `pay for performance' system, it is unwise to make additional investments at this time in systems that will support this program. Therefore, the Committee has included a statutory prohibition (Sec. 531) on the obligation of funds for any MAX-HR IT application development until all pending litigation is resolved.
Data Center consolidation DHS has made progress establishing two Departmental data centers, which will allow for more effective management of DHS IT infrastructure. Nevertheless, the Department's schedule for transitioning its various components to the new data center facilities and the target date for when those facilities will be fully operational is unclear. As a result, the Committee directs the CIO to report no later than October 1, 2007, and on a quarterly basis thereafter, on the progress in establishing the data centers, the schedule for moving legacy data center components into the consolidated centers, and the expenditures to date and for the quarter for each data center's operations. In addition, the Committee recommends the CIO review the plan for relocation of the U.S. Secret Service Joint Operations Center to determine whether that component's displaced enterprise IT systems should be relocated to one of the new data centers.
Homeland Security data network The Committee provides $33,100,000 for the Homeland Security Data Network (HSDN) project, which is building a stand-alone, secure computer network for DHS and its State and local partners. The Committee is aware that a significant portion of the budget for HSDN comes from outside the CIO budget, since DHS component agencies pay the CIO for connecting their employees and partners. Prior to the obligation of any funds for this reimbursable work, the Committee directs the CIO to report on the level of collections it has budgeted for these installations and the locations of the HSDN terminals that will be built using these funds.
Integrated Wireless network The Committee is surprised the CIO remains involved in the Integrated Wireless Network (IWN) project even though the 2007 FEMA reorganization specifically moved this function to the new Office of Emergency Communications. As a result the Committee has included a statutory prohibition on the obligation of any funds for CIO personnel to manage or oversee the IWN project.
Coordination of information technology investments The Committee notes that on March 16, 2007, the Secretary of Homeland Security issued management directive 0007.1, which consolidated authorities for review of the Department's major IT investments in the office of the CIO. It will be important that this additional layer of review and bureaucracy does not result in unnecessary delays in IT investments. Therefore, the Committee includes bill language requiring the CIO to provide an expenditure plan within 60 days of enactment of this Act for all DHS IT investments with a total estimated cost of more than $2,500,000. DHS shall also include within this report a detailed discussion of the steps it is taking to implement the key practices recommended in the GAO IT Investment Management framework.
Analysis and Operations Analysis and Operations includes the Office of Intelligence and Analysis and the Directorate of Operations Coordination, which together collect, evaluate, and disseminate intelligence information, as well as provide incident management and operationalThe Committee recommends $291,619,000 for Analysis and Operations
Office of Operations Coordination The Committee has reduced the funding level for the Office of Operations Coordination below the amount requested. The Committee notes that the Office of Operations Coordination carried over significant unobligated balances at the end of fiscal year 2006, and has shown no signs of an increased pace of obligations during the current fiscal year
Homeland Security Operations Center The Committee has been informed that the Department is planning to request a reprogramming of funds to move the Homeland Security Operations Center (HSOC) from its current location at the Nebraska Avenue Complex to a new location, possibly at the Transportation Security Operations Center (TSOC), only to subsequently relocate the HSOC and potentially the TSOC as well to the St. Elizabeths campus once that facility is constructed. The Committee notes that over $137,000,000 has been appropriated for improvements at the Nebraska Avenue Complex since 2004, and a large portion of these funds have gone toward upgrades to the HSOC specifically requested by the Department. The Committee is concerned by the apparent DHS attitude that costly capital investments are disposable, and will provide no further appropriations for HSOC capital improvements or relocation away from the NAC until the Department submits a coherent and cost-effective plan for consolidating its operations centers
Office of Intelligence and Analysis The Committee has reduced the funding level for Intelligence and Analysis below the amount requested. The Committee notes that the Office of Intelligence and Analysis carried over significant unobligated balances at the end of fiscal year 2006, and has shown no signs of an increased pace of obligations during the current fiscal year.
State and Local Fusion Centers Intelligence fusion centers help to integrate Federal homeland security intelligence officers with the State and local officials who are best positioned to analyze and respond to terrorist and other threats. The Committee recommends doubling the requested funding level for establishing DHS presence at these centers in 2008, and directs the Office of Intelligence and Analysis to review all unobligated balances available in the DHS intelligence budgets at the start of fiscal year 2008 and submit a reprogramming request for those amounts that could be reasonably reallocated to fusion center implementation. To ensure progress is made establishing DHS presence at fusion centers, the Committee directs the Department to provide on-going, quarterly updates to the Committees on Appropriations, starting on October 1, 2007, that detail progress in placing DHS.
Office of Federal Coordinator for Gulf Coast RebuildingThe Office of the Federal Coordinator for Gulf Coast Rebuilding coordinates the Gulf Coast Federal rebuilding efforts and works with State and local officials to identify the priority needs for long-term rebuilding. The Committee provides $3,000,000 for the Office of the Federal Coordinator for Gulf Coast Rebuilding
The Committee expects the Office of the Federal Coordinator for Gulf Coast Rebuilding to continue to work with HUD and FEMA to ensure progress is made. The Office of the Federal Coordinator for Gulf Coast Rebuilding should focus on all HUD programs including Section 202, Section 811, and rental assistance. The Committee directs the Office of the Federal Coordinator for Gulf Coast Rebuilding to provide quarterly reports to the Committees on Appropriations outlining monthly progress on ongoing initiatives, factors delaying progress, and the goals and expectations against which progress is being measured. In addition, the Committee notes that of the 14 positions in the Office of the Federal Coordinator for Gulf Coast Rebuilding, only five are based in the Gulf Coast. The Committee urges the Director and the Secretary to assess this distribution of personnel in light of the Office's mission.
Office of Inspector General The Homeland Security Act of 2002 established an Inspector General's (IG) office in the Department of Homeland Security by amendment to the Inspector General Act of 1978. This office was established to provide an objective and independent organization that would be more effective in: (1) preventing and detecting fraud, waste, and abuse in departmental programs and operations; (2) providing a means of keeping the Secretary of Homeland Security and the Congress fully and currently informed of problems and deficiencies in the administration of programs and operations; (3) fulfilling statutory responsibilities for the annual audit of the Department's financial statements; (4) ensuring the security of its information technology pursuant to the Federal Information Security Management Act; and (5) reviewing and making recommendations regarding existing and proposed legislation and regulations to the Department's programs and operational components. According to the authorizing legislation, the Inspector General is to report dually to the Secretary of Homeland Security and to the Congress. While oversight of DHS disaster response is included in the IG's mission, Hurricane Katrina brought a renewed focus and a major shift in the IG resources to that mission area. In October 2005, in response to the need for oversight, the Inspector General established the Gulf Coast Hurricane Recovery Office to focus exclusively on preventing problems through a proactive program of internal control reviews and contract audits to ensure disaster assistance funds are spent wisely. The Gulf Coast Recovery Office has initiated numerous monitoring activities, reviews, investigations, and audits of the Federal Emergency Management Agency's disaster response and recovery activities as well as disaster-related activities of other DHS components. In addition, this office is coordinating the work of 23 other federal Inspectors General through the President's Commission on Integrity and Efficiency to review all federal spending on Gulf Coast relief. The Committee recommends $99,111,000 for the Inspector General
Detention Centers The Homeland Security Act of 2002 established an Inspector General's (IG) office in the Department of Homeland Security by amendment to the Inspector General Act of 1978. This office was established to provide an objective and independent organization that would be more effective in: (1) preventing and detecting fraud, waste, and abuse in departmental programs and operations; (2) providing a means of keeping the Secretary of Homeland Security and the Congress fully and currently informed of problems and deficiencies in the administration of programs and operations; (3) fulfilling statutory responsibilities for the annual audit of the Department's financial statements; (4) ensuring the security of its information technology pursuant to the Federal Information Security Management Act; and (5) reviewing and making recommendations regarding existing and proposed legislation and regulations to the Department's programs and operational components. According to the authorizing legislation, the Inspector General is to report dually to the Secretary of Homeland Security and to the Congress. While oversight of DHS disaster response is included in the IG's mission, Hurricane Katrina brought a renewed focus and a major shift in the IG resources to that mission area. In October 2005, in response to the need for oversight, the Inspector General established the Gulf Coast Hurricane Recovery Office to focus exclusively on preventing problems through a proactive program of internal control reviews and contract audits to ensure disaster assistance funds are spent wisely. The Gulf Coast Recovery Office has initiated numerous monitoring activities, reviews, investigations, and audits of the Federal Emergency Management Agency's disaster response and recovery activities as well as disaster-related activities of other DHS components. In addition, this office is coordinating the work of 23 other federal Inspectors General through the President's Commission on Integrity and Efficiency to review all federal spending on Gulf Coast relief. The Committee recommends $99,111,000 for the Inspector General.
TITLE II SECURITY, ENFORCEMENT, AND INVESTIGATIONS US Customs and Border ProtectionWestern Hemisphere travel Initiative Northern Border Deployment of Border Patrol Covered law enforcement officer Status In-bound cargo and container security Airport passenger waiting time Customs and Border Patrol fleet management plan Textile transshipment enforcement Customs industry training program International registered travel program Permanent border patrol check point Stolen and lost travel documents Coordination of Alien smuggling enforcement Border Security, fencing, infrastructure and technology Environmental and regulatory assessments Secure Border Investment and Expenditure Plan Contract maximum cost and quality Procurement process system review Consultation with Federal State and local agencies CPB air and marine procurement US Immigration and Customs Enforcement Priorities enforcing immigration laws Fugitive operations team, border security task force and local law enforcement Gang Enforcement field officers
Aviation and Surface transportation security Transportation threat assessment and credentialing Federal air marshals and US Coast guard
US Customs and Border ProtectionThe mission of United States Customs and Border Protection (CBP) is to protect the borders of the U.S. by preventing, preempting and deterring threats against the U.S. through ports of entry and to interdict illegal crossing between ports of entry. CBP's mission integrates homeland security, safety, and border management in an effort to ensure goods and persons cross the borders of the U.S. in accordance with applicable laws and regulations, while posing no threat to the U.S. Specifically, the priority of CBP is to prevent terrorists and terrorist weapons from entering the U.S., and to support related homeland security missions affecting border and airspace security. CBP is also responsible for apprehending individuals attempting to enter the U.S. illegally; stemming the flow of illegal drugs and other contraband; protecting U.S. agricultural and economic interests from harmful pests and diseases; protecting American businesses from theft of intellectual property; regulating and facilitating international trade; collecting import duties; and enforcing U.S. trade laws. CBP has a workforce of over 43,500, including CBP Officers; Air Interdiction Agents and Marine Enforcement Officers; canine enforcement officers; Border Patrol agents; Agriculture Specialists; trade specialists; intelligence analysts; and mission support staff. The Committee recommends $6,629,733,000 for Salaries and Expenses. $45,000 may be spent for official receptions and no more than $1 million would go for compensation to informants.
This recommendation provides: 1,277,407,000 for Headquarters Management and Administration; $2,107,354,000 for Border Security Inspections and Trade Facilitation, including $225,000,000 for the Western Hemisphere Travel Initiative, an additional $5,450,000 to support hiring additional CBP Officers as required under Sec. 202 of the Security and Accountability For Every Port Act (P.L. 109-347), an additional $22,000,000 to permit hiring additional CBP Officers for commercial operations to meet requirements of Sec. 403 of P.L. 109-347 and an additional $50,000,000 to enable CBP Officers to enter into service as a law enforcement officer; $3,037,232,000 for Border Security and Control between Ports of Entry including costs of bringing the total number of Border Patrol agents to 17,819, an increase of 3,000 over fiscal year 2007; and $207,740,000 for Air and Marine Personnel Compensation and Benefits.
The first quarterly CBP report on air passenger wait times, received in April 2007, demonstrated some correlation between staffing at inspection booths and length of waiting time. It demonstrated that for eight of the 16 major airports studied, five percent of their flights had wait times greater than 60 minutes, and that average wait times for the 16 airports ranged from 26 to 39 minutes. The report also described how such information will be collected and analyzed in the future to permit more informed cooperation with airports and airlines to meet workload and reduce wait times. The Committee directs that this quarterly reporting continue in fiscal year 2008, and expects to see progress in posting real-time information on the CBP website and in reducing wait times. In addition, this report should describe what CBP is doing to address how its allocation of CBP Officers could be improved to reduce the need to close or curtail service at small or regional airports or specific terminals at large airports, or conversely overload major hub airports. The Committee encourages CBP to look for performance elements such as data on the number of times, and for how long, passengers are held in airplanes because airport inspection operations cannot accommodate them. However, the value of this information will only be fully realized when combined with an analytical tool for staffing resources. The report noted that CBP is finalizing its optimal resource allocation model for CBP Officers and Agriculture Specialists at Ports of Entry, with the first component, CBP Officer--Air Passenger Staffing, completed on October 31, 2006. The Committee directs CBP to use the results of its analysis to assign additional CBP officers to those airports with the greatest staffing shortages and wait times, to help alleviate delays encountered by international travelers. A recent Government Accountability Office (GAO) report (GAO-07-529) details how shortfalls in CBP Officer positions have had a negative impact on the ability of CBP to fulfill its statutory responsibilities for customs revenue collection. The Committee directs CBP to submit its RAM by October 15, 2007, including a plan for addressing the recommendations included in the GAO report. If the RAM is not submitted by October 15, 2007, the Secretary shall provide the reasons for the delay in writing to the Committee.
Internal Affairs The Committee includes $10,000,000, as requested, to add 50 investigators and eight support staff to expand CBP's internal affairs capability to cope with significant staff increases. The Committee expects this expanded capacity to permit CBP to address internal affairs issues related to administrative or other non-criminal matters, which often receive lower priority than criminal cases due to lack of resources. The failure to promptly address such matters could degrade performance and morale, leading to systemic management problems for CBP as it deals with the challenge of absorbing and administering a workforce slated to increase by almost 10 percent in fiscal year 2008. The Committee directs CBP to present program performance results from this initiative in its fiscal year 2009 budget submission.
Western Hemisphere Travel Initiative The Committee includes $225,000,000 for the implementation of the Western Hemisphere Travel Initiative (WHTI). Current law requires WHTI implementation at all ports of entry by June 2009. The recommended amount is $27,450,000 less than the $252,450,000 requested. The Committee understands that much of the proposed investment is for lane modifications at the top 13 land ports of entry, as well as implementation of `vicinity' radio frequency identification (RFID) technology at the top 39 land ports of entry, accounting for about 95 percent of the highway passenger border crossing volume. The Committee recognizes that the current situation, in which as many as 8,000 different types of identification may be used and the capacity of our ports of entry is strained, cannot be sustained. Over the past 30 years, the U.S. has failed to modernize port of entry space and facilities, resulting in a significant need for upgrades. The CBP Commissioner testified that the San Ysidro Port of Entry alone would require at least $520,000,000 for physical improvements to enable it to adequately handle current and anticipated traffic. The requested amount, however, is based on implementation assumptions that have yet to be fully validated. For instance, while CBP testimony proposes a January 2008 implementation date, the results from pilot tests of enhanced drivers licenses scheduled for the State of Washington and British Columbia in 2008 will not be known until later that year, and therefore cannot inform such early investment decisions. In addition, while the Committee is aware that the National Institute of Standards and Technology (NIST) has certified that the card architecture meets statutory requirements, CBP must still demonstrate the effectiveness of the card in an operational context. Beyond these concerns, the Committee notes that the requested funding would only be used to implement the program at the busiest crossings, despite the statutory requirement to process passports and passport cards at all land and sea ports of entry. In addition, the Committee urges the Department to coordinate with the State Department to enable it to anticipate and plan for increased passport demand resulting from implementation of the Initiative. The Committee makes funding available for two fiscal years, as requested, but includes bill language making $100,000,000 unavailable for obligation until CBP reports on pilot program results. The report should include: (1) infrastructure and staffing required, with associated costs, by port of entry; (2) updated milestones; (3) information on how requirements of Section 7209(b)(1)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458), as amended, have been satisfied; (4) confirmation that a vicinity-read radio frequency identification card has been adequately tested to ensure operational success; and (5) a description of steps taken to ensure the integrity of privacy safeguards.
Northern Border Deployment of Border Patrol The Committee expects CBP to increase the number of Border Patrol agents on the Northern Border by 500 over the fiscal year 2007 level, as indicated in CBP testimony. This increase, which would bring the total number of agents on board to 1,658 by October 2008, is consistent with the requirement under the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458) to increase Northern Border placement of agents by 20 percent per year for five years. The Committee notes that threat information has consistently pointed to Northern Border vulnerabilities.
Covered law enforcement officer status The Committee is aware that CBP Officers do not receive the compensation and other benefits accorded law enforcement officers, although they have arrest powers, 24-hour weapon carrying responsibility, and engage in criminal investigation activity. The Committee has heard on numerous occasions that CBP is losing trained, valuable CBP Officers to other agencies due to this disparity. Therefore, the Committee has included bill language (Sec. 533) directing CBP to offer voluntary conversion of all eligible CBP Officer positions, in consultation with the Office of Personnel Management and employee groups that represent CPBOs. Actual conversions should begin no later than July 1, 2008. The Committee includes $50,000,000 to cover the fiscal year 2008 costs incurred from this change. The Committee expects the cost increase to be more than offset by increases in officer productivity and a reduction in the costs for retention and replacement
In-bound cargo and container security According to CBP, there were 6,428,078 in-bond shipments to the U.S. in the first half of fiscal year 2005. In fiscal years 2005-2007 CBP has conducted pilot studies of the use of commercial off the shelf (COTS) technology to track such shipments; ensure they are not susceptible to fraud or vulnerabilities in security; enable them to be audited; and, when appropriate, permit the collection of revenue at U.S. ports of entry. Approximately $1,040,000 remains for this program in base funding. The Committee directs CBP to report not later than January 31, 2008, on the results of its fiscal year 2007 tests of this technology to address all in-bond shipments. The report should include a description of how CBP has addressed the issues raised in GAO report GAO-04-345 relating to the use of in-bond diversion to conceal textile transshipment.
Airport passenger waiting time The Committee understands that the rapid growth in air travel and the increasing numbers of incoming international passengers could result in significant bottlenecks at U.S. airports without a concurrent increase in CBP Officers for inspections and analysis. The Committee recognizes that CBP has begun to collect data on its passenger waiting times at major international airports and has included historical data for major airports and terminals on its website. The Committee encourages CBP to accelerate its work on testing and implementing its Wait Times Estimating Tool. As noted above, the Committee expects the forthcoming resource allocation model, which addresses explicitly the allocation of CBP Officers for air passenger processing, to be submitted as soon as possible.
Automated targeting system The Automated Targeting System (ATS) is a tool for prioritizing enforcement and interdiction resources by focusing on potential threats and enabling the rapid flow of secure and low-risk commerce or passengers. Because a robust targeting methodology is critical to our trading system, the Committee directs CBP to report not later than January 31, 2008, on how efforts to improve the ATS for cargo and container screening have progressed and in particular how CBP has complied with section 203 of the 2006 Security and Accountability For Every Port Act (P.L. 109-347). The Committee is concerned by the lack of a comprehensive approach to target intellectual property (IP) violations, as described in Government Accountability Office report GAO-07-735. The Committee directs CBP to improve analysis of IP enforcement data, to enable more consistent targeting, inspection, seizure and penalty practices.
Customs and Border Patrol fleet management plan The Committee acknowledges the receipt of a five-year vehicle fleet recapitalization and management plan, in compliance with the statement of managers accompanying the fiscal year 2007 appropriations conference report. The Committee expects CBP will follow this plan in managing its fleet and budgeting for replacement and maintenance of its significant vehicle investment, and will inform the Committee if it needs to deviate from or alter the plan.
Textile transshipment enforcement The Committee includes $4,750,000, as requested, to continue textile transshipment enforcement. The Committee directs CBP to ensure that the activities of the textile enforcement division and other textile enforcement activities, specifically seizures, detention, and special operations, be maintained at least at the level of those activities in prior years, such as the fiscal year 2006 enforcement performance. The Committee also directs CBP to submit an interim report with the fiscal year 2009 budget on execution of its five-year strategic plan, which should provide information on enforcement activities, including textile production verification team exercises and special operations; numbers of seizures; penalties imposed; and the numbers and types of personnel responsible for enforcing textile laws. The Committee includes $4,750,000, as requested, to continue textile transshipment enforcement. The Committee directs ICE to ensure that the activities of the textile enforcement division and other textile enforcement activities, specifically seizures, detention, and special operations, be maintained at least at the level of those activities in prior years, such as the fiscal year 2006 enforcement performance. The Committee also directs ICE to submit an interim report with the fiscal year 2009 budget on execution of its five-year strategic plan, which should provide information on enforcement activities, including textile production verification team exercises and special operations; numbers of seizures; penalties imposed; and the numbers and types of personnel responsible for enforcing textile laws.
Human Rights Law Division
Customs industry training program The Committee directs CBP to ensure that CBP Officers, Trade Specialists and other professional staff have the appropriate training to administer customs laws that require detailed knowledge of industry and technology, including continuing active participation in cooperative efforts such as the Steel Industry Training Program.
International registered travel program The Committee is aware that CBP and the Department have been working to develop expedited traveler programs in conjunction with foreign airports to facilitate international air travel by registering frequent travelers. The Committee understands that operations are planned at John F. Kennedy International, Washington Dulles International and George Bush Houston Intercontinental airports. The Committee also understands that the Department may eventually integrate this work with related efforts of US-VISIT and the Transportation Security Administration. The Committee directs CBP and the Department to continue such efforts, and report not later than January 31, 2008, on plans, staffing and funding necessary to establish such programs at the 20 U.S. international airports with the highest volume of international passenger traffic.
Permanent border patrol check point The Committee understands that CBP agrees that no permanent checkpoint will be planned for Southern Arizona without significant and direct community involvement. Any planned permanent checkpoint must: (1) be part of an overall network of border security technology and infrastructure, as well as an increase in personnel; (2) be designed to significantly reduce the number of illegal immigrants and the amount of contraband entering the U.S. through Arizona, and increase the security of our nation by employing technology and capabilities to detect individuals or implements associated with terrorism; and (3) contain attributes that reduce to a minimum the impact on the commerce and quality of life of communities. Prior to the operation of a possible permanent checkpoint in Southern Arizona, CBP must ensure that any temporary checkpoint be administered in a manner consistent with current case law, and must address the checkpoint's impact on residents, legitimate travelers, and public safety.
The Committee is pleased with the performance to date of the Immigration Advisory Program (IAP), which enhances national security by preventing potential terrorists and other high-risk passengers from boarding aircraft destined for the United States, as well as helping avoid potential detention and removal costs for the government. The Committee is aware that CBP is proceeding with plans to establish the program in international airports in London and Tokyo, and is assessing the potential at the top 50 international airports for possible future program expansion. The Committee expects CBP to continue reporting on this program and its performance and include such information in its fiscal year 2009 budget submission.
Stolen and lost travel documents The Committee understands that the Department has announced plans to use an INTERPOL database of lost and stolen passports to screen foreign travelers later this year, beginning with a 30-day pilot at one international airport, and is determining whether it will establish a unit at INTERPOL headquarters to investigate any lost or stolen documents that may be detected by CBP Officers or others. The Committee strongly supports efforts to collaborate with INTERPOL to help close a serious vulnerability posed by lost travel documents, especially passport blanks.
Coordination of alien smuggling enforcement The Committee directs CBP and ICE jointly to brief the Committees on Appropriations no later than 30 days after the date of enactment of this Act on the role each agency plays in enforcing laws against human smuggling, how those missions are coordinated, and the timeline for placement of CBP detailees at the Human Smuggling and Trafficking Center
The Automation Modernization Account includes funding for major information technology projects for CBP. Projects include the planned Automated Commercial Environment (ACE) system, continued support and transition of the legacy Automated Commercial System (ACS), and technology associated with integration and connectivity of information technology within CBP and the Department of Homeland Security as part of Current Operations Protection and Processing Support (COPPS). The Committee recommends $476,609,000 for Automation Modernization. $217 million will not be released until a report to Congress showing detailed accounting of progress, how unobligated funds are to be spent in the future and CFO certification of the accounting veracity and other risks involved.
Border Security, fencing, infrastructure and technology Border Security, Fencing, Infrastructure, and Technology (BSFIT) funds the technology and tactical infrastructure solutions to achieve effective control of the U.S. borders and coastlines. It is one of the three `legs' of the Secure Border Initiative (SBI). The Committee recommends $1,000,000,000 for Border Security, Fencing, Infrastructure and Technology, the same as the amount requested and $187,565,000 below amounts provided in fiscal year 2007 of which $700,000,000 would not be available for obligation until the Committees on Appropriations approve an investment and expenditure plan and other oversight and strategy details. The Committee recommendation differs from the requested funding levels as follows: $55,000,000 for environmental and regulatory assessment; $5,000,000 for advanced technology development; $552,100,000 for technology; and $2,000,000 for a study of procurement practices. No funds may obligated for fencing or tactical infrastructure on lands administered by the national Park Service, US Fish and Wildlife and other agencies unless the Secretary coordinates with those agencies and efforts are made to minimize impact on natural resources.
Environmental and regulatory assessments The Committee includes $55,000,000 for regulatory and environmental assessments, $5,000,000 above the amount requested. The Committee is encouraged that the Department intends to conduct environmental and regulatory assessments, and expects the Department to exercise the Secretary's authority to waive environmental and similar requirements sparingly. The Committee has included bill language requiring the Secretary to provide a 15 day notice in the Federal Register for each instance in which a decision is made to invoke the waiver authority. For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard $15,000,000, to remain available until expended
Secure Border Investment and Expenditure Plan The Committee is closely watching progress on the SBInet contract and related work. The Department has decided to focus on relatively low technology investments--specifically, fencing and barriers--during the first year until results have been tallied from its pilot efforts, such as Project 28. While this may result in more prudent investment in technology that has been properly tested and matched to unique requirements of specific border environments, it may also result in more miles of expensive fencing than are needed. CBP has testified that, by the end of fiscal year 2008, it will have completed work on the following cumulative infrastructure on the Southwest Border: 370 miles of pedestrian fencing; 200 miles of vehicle barriers; and 642 miles of `technology' solutions. At the same time, there has been very little effort to implement solutions for the Northern Border, which is more than twice the distance of the Southwest Border. In addition, there is no indication that SBI planning has included an analysis of the program's comprehensive impact on ports of entry, including the capacity of existing bridges and ports of entry infrastructure to handle the increased workload that could result from enhanced enforcement or implementation of a temporary worker program--both key elements of the SBI. SBI investments must be effective and appropriate, with accurate life-cycle costs, expenditures subject to a rigorous audit process, and input from Federal agencies with jurisdiction over border areas. Therefore, the Committee has included bill language making $700,000,000 unavailable for obligation until an expenditure plan has been submitted to the Committee that: 1. Defines activities, milestones, and costs for implementing the program, including an identification of the maximum investment related to the SBInet contract, an estimation of the associated life-cycle costs, and a description of the methodology used to obtain these cost figures; 2. Demonstrates how activities will further the goals and objectives of the Secure Border Initiative (SBI), as defined in the SBI strategic plan, and how the plan allocates funding to the highest priority border security needs; 3. Identifies funding and staffing requirements by activity; 4. Describes how the plan addresses security needs at the Northern Border and the ports of entry, including infrastructure, technology, design and operational requirements; 5. Reports on costs incurred, activities completed, and progress made by the program in terms of obtaining effective operational control of the border; 6. Includes an analysis by the Secretary, for each segment of fencing or tactical infrastructure, of the selected approach compared to other, alternative means of achieving operational control; such analysis should include cost, level of operational control, possible unintended effects on communities, and other factors critical to the decision-making process; 7. Includes a certification by the Chief Procurement Officer of the Department of Homeland Security that procedures to prevent conflicts of interest between the prime integrator and major subcontractors are established, and that the SBI Program Office has adequate staff and resources to effectively manage the SBI program, SBInet contract, and other related contracts, including technical oversight; and a certification by the Chief Information Officer of the Department of Homeland Security that an independent verification and validation agent is currently under contract for the project; 8. Complies with all applicable Federal acquisition rules and best practices, and reflects contracting administration improvements, to include automatic review of task orders by the Defense Contract Audit Agency; 9. Complies with capital planning and investment control review requirements established in Office of Management and Budget Circular A-11; 10. Is reviewed and approved by the DHS Investment Review Board, the Secretary, and the Office of Management and Budget; and 11. Is reviewed by the Government Accountability Office.
Contract maximum cost and quality The Committee agrees with GAO that Federal procurement rules call for identification of a meaningful maximum in the cost of the contract or quantity of deliverables. While GAO in testimony has credited CBP with generally following good procurement practice and with conducting a competitive process to award the SBInet contract, it noted that `6,000 miles of secure border' does not qualify as a meaningful limitation on the possible size and cost of the contract because it does not relate to specific supplies or services. A maximum constraint on overall contract spending seems especially needed for a large indefinite delivery/indefinite quantity contract such as SBInet. To compensate for the lack of such a limitation, the Committee includes language requiring that, at least 30 days prior to the award of any task order requiring obligation of more than $100,000,000, the Secretary shall provide a report to the Committees on Appropriations detailing progress achieved to date, and specific objectives to be achieved through the award of this and remaining task orders planned for the balance of available appropriations. A similar report is required prior to the award of a task order that would cause the cumulative level of obligations to exceed 50 percent of the total amount appropriated.
Procurement process system review The Committee believes that a project of such complexity as the SBI, with a large-scale integration contract such as SBInet, merits very thorough oversight. The open-endedness of the contract calls for special, disinterested, third-party expertise to assess how and whether best procurement practices are being put into effect. The Committee is aware that the Defense Acquisition University has provided effective consultative and analytic reviews of procurement operations and contract management, including recent work done on behalf of the Coast Guard for the Deepwater program. Such a review would provide neutral insight and constructive program evaluation to CBP, the Department, and the Congress. The Committee therefore has included $2,000,000 for the SBI program office to reimburse the Defense Acquisition University for the costs of conducting such a review and making its findings available to the Department and the Committees on Appropriations.
Consultation with Federal State and local agencies The Committee has included bill language requiring the Department to coordinate with the National Park Service, the U.S. Fish and Wildlife Service, the Forest Service, the Bureau of Indian Affairs, and the Bureau of Land Management on any decisions related to construction of tactical infrastructure on lands administered by those agencies and, to the extent practicable, to minimize impacts on wildlife and natural resources. The Committee has included language requiring the Department to solicit input from State and local communities regarding its fencing and tactical infrastructure plans. The Committee is aware that the Department has recently begun to consult with States and local governments in some affected border communities, and directs the Secretary to continue such consultation or initiate it immediately. The Committee directs that border security fencing and tactical infrastructure installations be implemented in ways that take full advantage of natural terrain and barriers and minimize adverse impacts on the environment and local communities.
The Committee is very interested in knowing the results of Project 28 as soon as they are available, and directs CBP to brief the Committee on those results and how they will affect the SBInet investment strategy as soon as they are known.
The Committee is concerned with the lack of SBI investment and planning on the Northern Border. To better understand what direction the Department is taking with regard to such efforts, the Committee directs the SBI Program Executive Office to brief the Committee not later than July 1, 2007, on how the Department expects to use the $20,000,000 the Committee directed be applied to Northern Border investments, and to provide a revised SBInet investment strategy that includes the Northern Border.
The Northern Border, characterized by vast distances of thinly populated territory, a history of easy movement across borders, and remote or heavily wooded land not easily patrolled by land, presents unique challenges for border security that can be met only with additional Air and Marine assets. The Committee expects continued progress in completing permanent deployment of assets and staff to the five designated airwings. The Committee understands that at least one UAS will be deployed to the Northern Border in fiscal year 2007, and directs CBP to report not later than January 31, 2008, on the performance of the Northern Border airwings and the schedule for their completion.
The Committee is concerned with the lack of SBI investment and planning on the Northern Border. To better understand what direction the Department is taking with regard to such efforts, the Committee directs the SBI Program Executive Office to brief the Committee not later than July 1, 2007, on how the Department expects to use the $20,000,000 the Committee directed be applied to Northern Border investments, and to provide a revised SBInet investment strategy that includes the Northern Border. CPB air and marine procurement CBP Air and Marine provides integrated and coordinated border interdiction and law enforcement support for homeland security missions; provides airspace security for high risk areas or National Special Security Events upon request; and combats efforts to smuggle narcotics and other contraband into the United States. CBP Air and Marine also provides aviation and marine support for the counter-terrorism efforts of many other law enforcement agencies. The Committee recommends $477,287,000 for Air and Marine Interdiction, Operations, Maintenance, and Procurement. Procurements include vessels ,aircraft, unmanned aircraft and related systems HELICOPTER PROCUREMENTThe Committee notes that CBP has yet to provide the report on the comparative costs and benefits of helicopter procurement and leasing required in House Report 109-476, and directs CBP to submit it as soon as possible. SMALL UNMANNED AERIAL SYSTEM AIRSPACE TESTING PROGRAMCurrently, FAA regulations do not apply to `model airplanes' under 55 pounds that are operated for `recreational purposes' and meet operational restrictions. In contrast, UAS are regulated in the same way as manned aircraft, even if they weigh less than 55 pounds and are operated similarly to model airplanes. The Committee directs CBP to work with the FAA to test the safety of UAS to determine the risk of mid-air collisions with manned aircraft. Such tests should generate safety data necessary for the FAA to determine whether or not an exemption for small UAS is appropriate. Construction The construction account funds the planning, design, and assembly of Border Patrol infrastructure, including Border Patrol stations; checkpoints; temporary detention facilities; mission support facilities; and lighting, and road improvements at the border. The Border Security, Fencing, Infrastructure, and Technology (BSFIT) account now funds most tactical infrastructure, fencing and barriers previously funded through this account. The Committee recommends $249,663,000 for Construction The Committee is aware that the infrastructure at U.S. land ports of entry (POE) is in dire need of upgrading and modernization. In June 2000, the former U.S. Customs Service, along with the General Services Administration and other Federal Inspection Service agencies, assessed the condition and infrastructure needs for U.S. POE on the Northern and Southwest Borders, and reported the cost of improvements to be $784,300,000. Seven years later, and after the 9/11 attacks, significant new requirements have been added for border security such as US-VISIT and the Western Hemisphere Travel Initiative. The Committee understands that the combination of new security requirements, outdated design and aging infrastructure have pushed POE to the limits of effectiveness. In testimony before the Committee, the Commissioner of CBP noted that for the San Ysidro border crossing alone, infrastructure requirements could exceed $520,000,000. Because GSA owns most POE, and CBP has become its principal tenant since the establishment of DHS, it is critical to ensure that the best efforts are being made to prepare for the increased demands of border security and trade and travel facilitation. At the same time, CBP has its own construction program as a result of years of design and building Border Patrol facilities, and may be able to undertake some POE construction, as appropriate. The Committee therefore directs CBP and the General Services Administration to submit jointly a report not later than October 1, 2007, on the comparative construction contracting systems of the two agencies, and the most appropriate agency jurisdiction to ensure the most effective and expedient modernization of the POE.
US Immigration and Customs Enforcement United States Immigration and Customs Enforcement (ICE) is the lead agency responsible for enforcement of immigration laws, customs laws, and the security of Federal facilities. ICE protects the United States by investigating, deterring, and detecting threats arising from the movement of people and goods into and out of the country. ICE consists of nearly 17,000 employees within four major program areas: Office of Investigations; Federal Protective Service; Office of Intelligence; and Detention and Removal Operations. The Committee recommends $4,146,300,000 for Salaries and Expenses.
Priorities enforcing immigration laws United States Immigration and Customs Enforcement (ICE) is the lead agency responsible for enforcement of immigration laws, customs laws, and the security of Federal facilities. ICE protects the United States by investigating, deterring, and detecting threats arising from the movement of people and goods into and out of the country. ICE consists of nearly 17,000 employees within four major program areas: Office of Investigations; Federal Protective Service; Office of Intelligence; and Detention and Removal Operations. The Committee recommends $4,146,300,000 for Salaries and Expenses The Committee allocates $180,009,000 for the ICE Criminal Alien Program (CAP), which is $14,000,000 more than the amount requested and an increase of $42,515,000 above the 2007 enacted level. The Committee strongly encourages ICE to ensure that all incarcerated aliens eligible for deportation are removed from the country upon their release. Toward that end, the Committee includes statutory language requiring ICE to collect information from every jail, prison and detention facility in the United States on a monthly basis to determine the population of incarcerated aliens, and to develop a plan to remove every removable alien upon their release from the corrections system. According to the Bureau of Prisons, nationwide there are approximately 1,500 Federal and State correctional institutions, and another 3,500 locally-administered jails. While contacting all of these facilities on a regular basis will require coordination and effort on the part of the agency, ICE has more than 8,000 employees who work on domestic investigations and who could help with this effort. The Committee directs ICE to report no later than January 1, 2008, on how it will meet this goal, the need for additional resources to do so, and its successes and challenges in working with State and local corrections managers.
DETENTION BED SPACEThe Committee has made significant investments in detention bed space over the past several years, and ICE is now able to sustain an increased level of immigration enforcement as a result. Funds provided in the 2007 Appropriations Act allowed for 27,500 detention beds, and the fiscal year 2008 request would add 950 more. In multiple written and oral statements before the Committee, departmental officials have assured the Congress this increase in bed space is sufficient to maintain the ICE practice of repatriating all illegal crossers apprehended at the borders. The Committee supports this requested increase, and provides funding for a total of 28,450 detention beds in fiscal year 2008. ALTERNATIVES TO DETENTIONAlternatives to Detention programs are an effective approach for monitoring aliens who are not mandatory detainees, but are deemed unlikely to appear at their immigration hearings. Through the use of electronic monitoring, telephonic reporting, and intensive supervision, these programs contribute to more effective enforcement of immigration laws at far lower cost than detention. In its most recent year, the Intensive Supervision Appearance Program (ISAP) recorded an average 93 percent appearance rate at court proceedings for final orders of deportation. The corresponding appearance rate for aliens not participating in ISAP is 41 percent. The Committee recommends $54,889,000 for the Alternatives to Detention program, an increase of $11,000,000 above the request and $11,289,000 above the 2007 enacted level. This level should allow for coverage of 12 cities by the end of fiscal year 2008. The Committee directs ICE to report no later than November 1, 2008, on the cities that will be included in this program as it expands, and the schedule for establishing the program in these new locations. CHILD AND FAMILY DETENTIONThe Committee remains concerned by public criticism of ICE detention standards for families and unaccompanied children. Families with children should not be housed in penal-like settings, nor should children detained by ICE be denied access to recreation or the opportunity to receive basic educational instruction. The Committee has provided a substantial increase in the budget for the Alternatives to Detention program, and ICE should prioritize the enrollment of families in this program. In situations where family detention is unavoidable, the Committee directs ICE to house families together in non-penal, home-like environments with appropriate access to health, educational, and social services until the conclusion of their immigration proceedings. DETENTION STANDARDS COMPLIANCEThe Committee is concerned by reports that ICE detention facilities, both those managed by the Federal government and those acquired as a contracted service, do not comply with ICE-published detention standards, including guidelines for the separation of violent detainees from non-violent detainees, the availability of health care, and the proper preparation of food. Within the budget request, ICE proposes consolidating its detention standards compliance review activities within the Office of Professional Responsibility (OPR) and increasing the budget for this office by $7,000,000. The Committee supports this plan and recommends an additional $3,000,000 for this office, for a total OPR budget of $50,778,000 and a total staffing level of 351. Of this total, the Committee directs ICE to use $1,000,000 for a third-party compliance review pilot program to ensure standards are met at detention facilities managed by private contractors. In addition, the Committee strongly encourages ICE to establish a full-time OPR presence in each of the 24 Detention and Removal Operations field offices to monitor detention standard compliance. ICE should be prepared to report to the Committee, concurrent with the submission of the fiscal year 2009 budget, on the results of its detention standards compliance efforts. INAPPROPRIATE TREATMENT OF UNACCOMPANIED ALIEN CHILDRENThe Committee remains concerned about reports that vulnerable unaccompanied alien children are not being transferred in a timely fashion to the Office of Refugee Resettlement (ORR) and are being held by DHS in unacceptable conditions either in Border Patrol stations or jail-like facilities, often for many days. The 1996 Flores Settlement agreement requires DHS to transfer custody of unaccompanied alien minors to ORR within three to five days. The Committee directs ICE to develop and publish minimum standards for the temporary care of children, transfer responsibility for transportation of unaccompanied children to ORR, and reimburse ORR for the cost of performing this transportation function. In addition, the Committee directs ICE to contact ORR immediately upon apprehension of any unaccompanied alien child, and to transfer custody of that child to ORR within 72 hours of apprehension. The Committee is also troubled by reports of insensitive and inappropriate treatment of unaccompanied alien children and directs the Department to cease its use of and reliance on unreliable forensic testing of children's bones and teeth to determine their age. Instead, the Committee strongly encourages the Department to use holistic age-determination methodologies recommended by medical and child welfare experts. The Committee does not believe it is appropriate for ICE to use unaccompanied alien children's personal records, such as psychological evaluations, medical reports, and ORR files as evidence against the children in removal proceedings. The Committee directs ICE to cease its practice of using this information, except when the child's legal guardian provides written permission for release of these records. Finally, the Committee is concerned about the lack of repatriation services available for unaccompanied alien children who are removed from the United States to face uncertain fates in their countries of origin. The Committee directs ICE, in close consultation with the Department of State and ORR, to develop and implement policies and procedures to ensure the safe and secure repatriation of unaccompanied alien children to their home countries, including through the arrangement of family reunification services and placement with non-profit organizations that provide for orphan services. ICE should brief the Committee within 90 days of enactment of this Act on actions it has taken to implement these changes.
Fugitive operations team, border security task force and local law enforcement Within its fiscal year 2008 justification, ICE has set a goal for every Fugitive Operations Team to deport 1,000 alien absconders per year. According to a recent Office of Inspector General report, however, ICE is unable to track progress toward this goal because it does not maintain separate performance measurements for the fugitive operations program. ICE must develop a performance measurement approach that clearly illustrates the effectiveness of the Fugitive Operations Teams, by location, and a plan for enabling these teams to reach the goal of deporting 1,000 individuals per year. Because of the uncertain effectiveness of this program to date, the Committee recommends $183,200,000, which is the same level appropriated in 2007, providing for 70 teams. In addition, the Committee directs ICE to reallocate agents from the Fugitive Operations Teams to the Criminal Alien Program, as needed, in order to meet the mandate of removing every removable alien convicted of a crime and currently held in the corrections system. BORDER ENFORCEMENT SECURITY TASK FORCESAs part of the Secure Border Initiative, ICE has proposed the Border Enforcement Security Task Force (BEST) program, which will focus on investigation and interdiction of illegally-smuggled and entering persons, with a priority on terrorist groups, gang members, and criminal aliens. The ICE-led BEST will coordinate Federal, State, local, Tribal, and foreign law enforcement and intelligence entities to disrupt and dismantle cross-border criminal organizations. The Committee recommends $10,700,000 and 63 positions for the BEST program, as requested. The Committee directs ICE to integrate the BEST program with the existing ICE-led Human Smuggling and Trafficking Center, the Customs and Border Protection-led Alien Smuggling Interdiction office, and the Intelligence and Analysis-led Integrated Border Intelligence Program, and to report to the Committee no later than January 1, 2008, on the execution of BEST funds in conjunction with these other DHS activities. STATE AND LOCAL LAW ENFORCEMENT SUPPORTThe Department works with State and local law enforcement officers who agree to help enforce Federal immigration laws. The request includes a $32,030,000 increase for the three ICE programs that support State and local law enforcement activities: the Law Enforcement Support Center (LESC), the Forensics Document Laboratory (FDL), and the training and support for the voluntary participation of local law enforcement officers in immigration law enforcement as authorized under section 287(g) of the Immigration and Nationality Act (287(g) program). Over the past two fiscal years, the Committee has provided more than $50,000,000 to support the 287(g) program, including the training of participants. However, 287(g) participation does not appear to be growing as quickly as the Department had planned, and nearly half of the funds provided to date remain unobligated. Therefore, the Committee recommends $64,411,000 for State and local law enforcement support, which is an increase of $18,030,000 over the 2007 enacted level. Of the amount recommended, $25,356,000 is for LESC, $21,789,000 is for FDL, and $17,266,000 is for the 287(g) program. In implementing the Committee's requirement for ICE to contact every prison, jail, and correctional facility on a monthly basis to identify removable criminal aliens, ICE should draw on the additional 287(g) funding recommended by the Committee to enroll correctional facilities in the program and provide training and technical support to participants so that they can provide accurate and actionable data to ICE agents.
ICE, in cooperation with CBP and the Departments of State and Treasury, operates Trade Transparency Units (TTU) consisting of specialized groups of agents investigating trade-based money laundering activities. The TTU focuses on the laundering of millions of dollars through seemingly legitimate trade, employing analytic tools, intelligence, and reciprocal information sharing with foreign governments to disrupt the illegal flow of cash and goods. Because of the success of this program, foreign governments have become more cooperative with sharing the information needed to stop such fraud. The Committee recommends $13,200,000 for the TTU to increase program staff by 16 full time equivalents (FTEs) and provide for associated equipment, materials and facilities. This level is $2,000,000 more than the request.
Gang Enforcement field officers ICE investigators have developed an expertise identifying and disrupting the criminal activities of organized transnational gangs. The ICE-led Operation Community Shield program has resulted in the arrest of over 4,200 gang members and associates since it was established in 2005. ICE proposes to establish a permanent counter-gang enforcement activity focused on disrupting gang-related crime in cities with high concentrations of gang activity. The Committee supports this goal and recommends a total of $7,000,000 for the ICE Gang Enforcement Field Officers program, an increase of $2,000,000 above the budget request, to support the addition of 50 agents to focus on this issue.
The Committee congratulates the ICE Human Rights Law Division (HRLD) on its recent successes prosecuting individuals who have entered the country illegally to avoid accountability for war crimes, genocide, and other crimes against humanity. In 2006, HRLD concluded the first successful U.S. prosecution of an alien accused of genocide, leading to the deportation of the individual to Rwanda to face charges for his crimes. In April 2007, ICE successfully apprehended three individuals accused of war crimes during conflicts in South America. The Committee recommends $208,305,000 for the Office of Legal Proceedings, $500,000 more than requested. This additional funding should be devoted exclusively to the HRLD, and should be used to hire new staff members and expand the Division's travel and expense budgets. With these funds, the Committee expects HRLD to continue its vigorous pursuit of human rights violators.
The ICE budget proposes $5,000,000 to develop a public-private partnership program between ICE and private sector employers designed to increase awareness of immigration document fraud. Because this program appears unnecessarily duplicative of the `Basic Pilot' program within U.S. Citizenship and Immigration Services, the Committee provides no funding for it.
Transportation security Aviation security is focused on protecting the air transportation system against terrorist threats, sabotage and other acts of violence through the deployment of passenger and baggage screeners; detection systems for explosives, weapons, and other contraband; and other, effective security technologies
Aviation and Surface transportation security For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant to the Aviation and Transportation Security $5,198,535,000. For necessary expenses of the Transportation Security Administration related to providing surface transportation security activities, $41,413,000, to remain available until September 30, 2009.
Transportation threat assessment and credentialing For necessary expenses for the development and implementation of screening programs of the Office of Transportation Threat Assessment and Credentialing, $49,490,000, to remain available until September 30, 2009: Provided, That if the Assistant Secretary of Homeland Security (Transportation Security Administration) determines that the Secure Flight program does not need to check airline passenger names against the full terrorist watch list, then the Assistant Secretary shall certify to the Committees on Appropriations of the Senate and the House of Representatives that no security risks are raised by screening airline passenger names only against a subset of the full terrorist watch list.
Federal air marshals and US Coast guard For necessary expenses of the Federal Air Marshals, $722,000,000. For necessary expenses for the operation and maintenance of the Coast Guard not otherwise provided for; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; and recreation and welfare; $5,885,242,000, of which $340,000,000 shall be for defense-related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not to exceed $20,000 shall be for official reception and representation expenses. For necessary expenses of acquisition, construction, renovation, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; and maintenance, rehabilitation, lease and operation of facilities and equipment, as authorized by law; $941,767,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund. An oversight report on spending is required by Congress. For necessary expenses for alteration or removal of obstructive bridges$16,000,000, to remain available until expended. For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; as authorized by law; $22,583,000. For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, concurrent receipts and combat-related special compensation under the National Defense Authorization Act, and payments for medical care of retired personnel and their $1,184,720,000. For necessary expenses of the United States Secret Service, including purchase of not to exceed 645 vehicles for police-type use for replacement only, and hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director of the Secret Service; rental of buildings in the District of Columbia, and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; payment of per diem or subsistence allowances to employees where a protective assignment during the actual day or days of the visit of a protectee requires an employee to work 16 hours per day or to remain overnight at a post of duty; conduct of and participation in firearms matches; presentation of awards; travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if approval is obtained in advance from the Committees on Appropriations of the Senate and the House of Representatives; research and development; grants to conduct behavioral research in support of protective research and operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; $1,392,171,000 . For necessary expenses for acquisition, construction, repair, alteration, and improvement of facilities, $3,725,000, to remain available until expended.
TITLE III---PROTECTION, PREPAREDNESS, RESPONSE AND RECOVERY Infrastructure Protection and Information Security US Immigration visitor technology FEMA Management and Administration Firefighter assistance,& Emergency management grants / US Fire Administration Disaster Relief / Direct Loan program
Management and Administration
Infrastructure Protection and Information Security For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of the Homeland Security Act of 2002 $532,881,000, of which $471,787,000 shall remain available until September 30, 2009
US Immigration visitor technology For necessary expenses for the development of the United States Visitor and Immigrant Status Indicator Technology project, as authorized by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $462,000,000. $232,000,000 may not be obligated for the United States Visitor and Immigrant Status Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security. {Spending oversight report is required} quarterly status reports on the US-VISIT program submitted to the Committees on Appropriations of the Senate and House of Representatives shall include reporting on coordination with Western Hemisphere Travel Initiative planning and implementation, the Secure Border Initiative, and other Departmental efforts that relate to US-VISIT goals and activities.
For the necessary expenses of the Office of Health Affairs, $117,933,000; of which $25,750,000 is for salaries and expenses; and of which $92,183,000 is for biosurveillance, BioWatch, medical readiness planning, chemical response, and other activities.
FEMA Management and Administration For necessary expenses for management and administration of the Federal Emergency Management Agency, $685,000,000, including activities authorized by the National Flood Insurance Act. of the total amount made available under this heading, $35,000,000 shall be for Urban Search and Rescue, of which not to exceed $1,600,000 may be made available for administrative costs: Provided further, That no less than $6,000,000 shall be for the Office of the National Capital Region Coordination.
For grants, contracts, cooperative agreements, and other activities, including grants to State and local governments for terrorism prevention activities, notwithstanding any other provision of law, $3,101,000,000, which shall be allocated as follows: (1) $550,000,000 for formula-based grants and $400,000,000 for law enforcement terrorism prevention grants. not less than 80 percent of any grant under this paragraph to a State or to Puerto Rico shall be made available by the State or Puerto Rico to local governments within 60 days after the receipt of the funds. $1,858,000,000 for discretionary grants, as determined by the Secretary of Homeland Security, of which-- (A) $800,000,000 shall be for use in high-threat, high-density urban areas; (B) $400,000,000 shall be for port security grants pursuant to section 70107 of title 46, United States Code; (C) $10,000,000 shall be for trucking industry security grants; (D) $11,000,000 shall be for intercity bus security grants; (E) $400,000,000 shall be for intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code), freight rail, and transit security grants; (F) $50,000,000 shall be for buffer zone protection grants; (G) $20,000,000 shall be for Commercial Equipment Direct Assistance grants; (H) $50,000,000 shall be for Metropolitan Medical Response System grants; (I) $17,000,000 shall be for Citizen Corps grants; (J) $50,000,000 shall be for interoperable communications grants; and (K) $50,000,000 shall be for Real ID grants pursuant to Public Law 109-13: $293,000,000 for training, exercises, technical assistance, and other programs: Provided, That none of the grants provided under this heading shall be used for the construction or renovation of facilities, except for emergency operations centers.
For necessary expenses for emergency management performance grants, as authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That grants provided under this heading shall be distributed based on the formula used by the Department of Homeland Security in fiscal year 2007: Provided further, That total administrative costs shall not exceed 3 percent of the total amount appropriated under this heading.
Firefighter Assistance & Emergency Management grants / US Fire Administration For grants authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), $800,000,000. The aggregate charges assessed during fiscal year 2008, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the amount the Secretary of Homeland Security anticipates is necessary for the radiological emergency preparedness program of the Department of Homeland Security for the next fiscal year. the methodology for the assessment and collection of fees shall be fair and equitable and shall reflect the cost of providing such services, including the administrative cost of collecting such fees: Provided further, That fees received under this heading shall be deposited in this account as offsetting collections and shall become available for authorized purposes on October 1, 2008.
For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), $43,300,000
Disaster Relief / Direct Loan program For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $1,700,000,000. That gross obligations for the principal amount of direct loans under that section shall not exceed $25,000,000.
Flood Map Modernization / National Flood Insurance / National Flood Mitigation Fund / Pre Disaster Mitigation Fund Emergency Food and Shelter For necessary expenses under section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), $230,000,000, and such additional sums as may be provided by State and local governments or other political subdivisions for cost-shared mapping activities under subsection (f) of such section, to remain available until expended: Provided, That total administrative costs shall not exceed 3 percent of the total amount appropriated.
For activities under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), $145,000,000, which is available as follows: (1) not to exceed $45,642,000 for salaries and expenses associated with flood mitigation and flood insurance operations; and (2) no less than $99,358,000 for flood hazard mitigation, which shall be derived from offsetting collections assessed and collected under section 1307 of the National Flood Insurance Act of 1968, to remain available until September 30, 2009, including up to $34,000,000 for flood mitigation expenses under section 1366 of that Act), which shall be available for transfer to the National Flood Mitigation Fund under section 1367 of that Act) until September 30, 2009. no funds shall be available from the National Flood Insurance Fund under section 1310 of that Act (42 U.S.C. 4017) in excess of: (1) $70,000,000 for operating expenses; (2) $773,772,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $90,000,000 for flood mitigation actions with respect to severe repetitive loss properties.
Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and subsection (f), of section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c), $34,000,000, to remain available until September 30, 2009, for activities designed to reduce the risk of flood damage to structures pursuant to such Act, of which $34,000,000 shall be derived from the National Flood Insurance Fund,
For a predisaster mitigation grant program under title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.), $120,000,000, to remain available until expended: Provided, That grants made for predisaster mitigation shall be awarded on a competitive basis.
To carry out an emergency food and shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.), $153,000,000, to remain available until expended.
TITLE IV---RESEARCH AND DEVELOPMENT, TRAINING AND SERVICES US Citizenship and Immigration Services Federal Law Enforcement training Center Acquisition, Construction and Related Expenses Science and Technology management and Admin R&D Acquisition and Operations Domestic Nuclear Detection Office
Federal Law Enforcement training Center For necessary expenses of the Federal Law Enforcement Training Center under section 884 of the Homeland Security Act of 2002 including materials and support costs of Federal law enforcement basic training; purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles; expenses for student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized by section 3109 of title 5, United States Code, $219,786,000
US Citizenship and Immigration Services For necessary expenses for citizenship and immigration services, $30,000,000
Acquisition, Construction and Related Expenses For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, and related expenses of the Federal Law Enforcement Training Center, $43,270,000
Science and Technology management and Admin For salaries and expenses of the Office of the Under Secretary for Science and Technology and for management and administration of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $130,787,000
R&D Acquisition and Operations For necessary expenses for science and technology research, including advanced research projects; development; test and evaluation; acquisition; and operations; as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.); $646,325,000, to remain available until expended: Provided, That none of the funds made available under this heading shall be obligated for the Analysis, Dissemination, Visualization, Insight, and Semantic Enhancement program until the Secretary of Homeland Security completes a Privacy Impact Assessment.
Domestic Nuclear Detection Office For salaries and expenses of the Domestic Nuclear Detection Office as authorized by the second title XVIII of the Homeland Security Act of 2002 and for management and administration of programs and activities, $31,176,000 For necessary expenses for radiological and nuclear research, development, testing, evaluation and operations, $316,900,000 For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture, $168,000,000, to remain available until September 30, 2010: Provided, That none of the funds appropriated under this heading shall be obligated for full-scale procurement of Advanced Spectroscopic Portal Monitors until the Secretary of Homeland Security submits to the Committees on Appropriations of the Senate and the House of Representatives a report certifying that a significant increase in operational effectiveness will be achieved by that procurement.
TITLE V—GENERAL PROVISIONS Sec. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act: Provided, That balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. SEC. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2008, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, office, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the Senate or House of Representatives for a different purpose; or (5) enters into a contract for the performance of any function or activity for which funds have been appropriated for Federal full-time equivalent positions; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (b) None of the funds provided by this Act, provided by previous appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2008, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $5,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent or more the total amount of funding for any existing program, project, or activity, or numbers of personnel by 10 percent or more as approved by the Congress; or (3) results from any general savings from a reduction in personnel that would result in a change in existing programs, projects, or activities as approved by the Congress; unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such reprogramming of funds. (c) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations, but no such appropriations, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfers: Provided, That any transfer under this section shall be treated as a reprogramming of funds under subsection (b) and shall not be available for obligation unless the Committees on Appropriations of the Senate and the House of Representatives are notified 15 days in advance of such transfer. (d) Notwithstanding subsections (a), (b), and (c), no funds shall be reprogrammed within or transferred between appropriations after June 30, 2008, except in extraordinary circumstances which imminently threaten the safety of human life or the protection of property. SEC. 504. None of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to the `Department of Homeland Security Working Capital Fund', except for the activities and amounts allowed in the President's fiscal year 2008 budget, excluding sedan service, shuttle service, transit subsidy, mail operations, parking, and competitive sourcing: Provided, That any additional activities and amounts shall be approved by the Committees on Appropriations of the Senate and the House of Representatives 30 days in advance of obligation. SEC. 505. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2008 from appropriations for salaries and expenses for fiscal year 2008 in this Act shall remain available through September 30, 2009, in the account and for the purposes for which the appropriations were provided: Provided, That prior to the obligation of such funds, a request shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives for approval in accordance with section 503 of this Act. SEC. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2008 until the enactment of an Act authorizing intelligence activities for fiscal year 2008. SEC. 507. The Federal Law Enforcement Training Accreditation Board shall lead the Federal law enforcement training accreditation process, to include representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. SEC. 508. None of the funds in this Act may be used to make grant allocations, discretionary grant awards, discretionary contract awards, or to issue a letter of intent totaling in excess of $1,000,000, or to announce publicly the intention to make such awards, unless the Secretary of Homeland Security notifies the Committees on Appropriations of the Senate and the House of Representatives at least three full business days in advance: Provided, That no notification shall involve funds that are not available for obligation: Provided further, That the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives five full business days in advance of announcing publicly the intention of making an award of formula-based grants, law enforcement terrorism prevention grants, or high-threat, high-density urban areas grants: Provided further, That such notification shall include a description of the project or projects to be funded including the city, county, and state. SEC. 509. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. Sec. 510. The Director of the Federal Law Enforcement Training Center shall schedule basic or advanced law enforcement training at all four training facilities under the control of the Federal Law Enforcement Training Center to ensure that these training centers are operated at the highest capacity throughout the fiscal year. SEC. 511. None of the funds appropriated or otherwise made available by this Act may be used for expenses 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, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus. SEC. 512. None of the funds in this Act may be used in contravention of the applicable provisions of the Buy American Act (41 U.S.C. 10a et seq.). SEC. 513. (a) None of the funds provided by this or previous appropriations Acts may be obligated for deployment or implementation, on other than a test basis, of the Secure Flight program or any other follow on or successor passenger prescreening program, until the Secretary of Homeland Security certifies, and the Government Accountability Office reports, to the Committees on Appropriations of the Senate and the House of Representatives, that all 10 conditions under paragraphs (1) through (10) of section 522(a) of the Department of Homeland Security Appropriations Act, 2005 (Public Law 108-334; 118 Stat. 1319) have been successfully met. (b) The report required by subsection (a) shall be submitted within 90 days after the Secretary provides the requisite certification, and periodically thereafter, if necessary, until the Government Accountability Office confirms that all ten conditions have been successfully met. (c) Within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a detailed plan that describes: (1) the dates for achieving key milestones, including the date or timeframes that the Secretary will certify the program under subsection (a); and (2) the methodology to be followed to support the Secretary's certification, as required under subsection (a). (d) During the testing phase permitted by subsection (a), no information gathered from passengers, foreign or domestic air carriers, or reservation systems may be used to screen aviation passengers, or delay or deny boarding to such passengers, except in instances where passenger names are matched to a Government watch list. (e) None of the funds provided in this or any other Act to any part of the Department of Homeland Security may be utilized to develop or test algorithms assigning risk to passengers whose names are not on Government watch lists. (f) None of the funds provided in this or any other Act may be used for data or a database that is obtained from or remains under the control of a non-Federal entity: Provided, That this restriction shall not apply to Passenger Name Record data obtained from air carriers. SEC. 514. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A-76 for services provided as of June 1, 2004, by employees (including employees serving on a temporary or term basis) of United States Citizenship and Immigration Services of the Department of Homeland Security who are known as of that date as Immigration Information Officers, Contact Representatives, or Investigative Assistants. SEC. 515. None of the funds appropriated to the United States Secret Service by this or any other Act may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security: Provided, That the Director of the United States Secret Service may enter into an agreement to perform such a service on a fully reimbursable basis. SEC. 516. (a) Section 513 of the Department of Homeland Security Appropriations Act, 2005, is amended by striking `triple' and inserting `double'. (b) The amendment made by subsection (a) shall apply to the percentage of cargo inspected as required by Security Directives in effect as of the date of enactment of this Act. SEC. 517. (a) The Secretary of Homeland Security shall research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible. (b) Existing checked baggage explosive detection equipment and screeners shall be used to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport until technologies developed under subsection (a) are available. (c) Not later than 45 days after the end of the quarter, the Transportation Security Administration shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on air cargo inspection statistics by airport and air carrier, including any reason for non-compliance with section 516. SEC. 518. None of the funds made available in this Act may be used by any person other than the Privacy Officer appointed under section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter, direct that changes be made to, delay, or prohibit the transmission to Congress of any report prepared under paragraph (6) of such section. SEC. 519. No funding provided in this or any other Act shall be available to pay the salary of any employee serving as a contracting officer's technical representative (COTR), or anyone acting in a similar capacity, who has not received COTR training. SEC. 520. Except as provided in section 44945 of title 49, United States Code, funds appropriated or transferred to Transportation Security Administration `Aviation Security', `Administration' and `Transportation Security Support' for fiscal years 2004, 2005, 2006, and 2007 that are recovered or deobligated shall be available only for the procurement or installation of explosive detection systems, for air cargo, baggage, and checkpoint screening systems, subject to notification: Provided, That quarterly reports shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives on any funds that are recovered or deobligated. SEC. 521. Section 525 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295), is amended-- (1) in subsection (a)(2)(A) by inserting `identifies and describes the specific risk to the national transportation system and therefore' after `information'; (2) in subsection (d) by striking `like that' and inserting `identical to those'; and (3) by adding at the end the following: `(e) For the purposes of this section, the term `party's counsel' includes any employee who assists counsel in legal proceedings and who is so designated by counsel and approved by the judge overseeing the legal proceedings.'. SEC. 522. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103-356 (31 U.S.C. 501 note), shall continue operations during fiscal year 2008. SEC. 523. (a) The report required by Public Law 109-62 and Public Law 109-90 detailing the allocation and obligation of funds for `Disaster Relief' shall hereafter be submitted monthly and include: (1) status of the Disaster Relief Fund including obligations, allocations, and amounts undistributed/unallocated; (2) allocations, obligations, and expenditures for Hurricanes Katrina, Rita, and Wilma; (3) information on national flood insurance claims; (4) information on manufactured housing data; (5) information on hotel and motel data; (6) obligations, allocations, and expenditures by State for unemployment, crisis counseling, inspections, housing assistance, manufactured housing, public assistance, and individual assistance; (7) mission assignment obligations by agency, including: (A) the amounts reimbursed to other agencies that are in suspense because the Federal Emergency Management Agency has not yet reviewed and approved the documentation supporting the expenditure; and (B) a disclaimer if the amounts of reported obligations and expenditures do not reflect the status of such obligations and expenditures from a government-wide perspective; (8) the amount of credit card purchases by agency and mission assignment; (9) specific reasons for all waivers granted and a description of each waiver; and (10) a list of all contracts that were awarded on a sole source or limited competition basis, including the dollar amount, the purpose of the contract and the reason for the lack of competitive award. (b) The Secretary of Homeland Security shall, at least quarterly, obtain and report from each agency performing mission assignments each such agency's actual obligation and expenditure data and include such data in the report referred to in subsection (a). (c) For any request for reimbursement from a Federal agency to the Department of Homeland Security to cover expenditures under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or any mission assignment orders issued by the Department of Homeland Security for such purposes, the Secretary of Homeland Security shall take appropriate steps to ensure that each agency is periodically reminded of Department of Homeland Security policies on-- (1) the detailed information required in supporting documentation for reimbursements; and (2) the necessity for timeliness of agency billings. SEC. 524. Within 45 days after the close of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report that includes total obligations and on-board versus funded full-time equivalent staffing levels. SEC. 525. Section 532(a) of Public Law 109-295 is amended by striking `2007' and inserting `2008'. SEC. 526. None of the funds made available by this Act shall be used in contravention of the Federal buildings performance and reporting requirements of Executive Order No. 13123, part 3 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.), or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby). SEC. 527. The functions of the Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note). SEC. 528. None of the funds made available in this Act may be used in contravention of section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212). SEC. 529. None of the funds made available by this Act may be used to take an action that would violate Executive Order No. 13149 (65 Fed. Reg. 24607; relating to greening the Government through Federal fleet and transportation efficiency). SEC. 530. (a) IN GENERAL- Any contract, subcontract, task or delivery order described in subsection (b) shall contain the following: (1) A requirement for a technical review of all designs, design changes, and engineering change proposals, and a requirement to specifically address all engineering concerns identified in the review before the obligation of further funds may occur. (2) A requirement that the Coast Guard maintain technical warrant holder authority, or the equivalent, for major assets. (3) A requirement that no procurement subject to subsection (b) for lead asset production or the implementation of a major design change shall be entered into unless an independent third party with no financial interest in the development, construction, or modification of any component of the asset, selected by the Commandant of the Coast Guard, determines that such action is advisable. (4) A requirement for independent life-cycle cost estimates of lead assets and major design and engineering changes. (5) A requirement for the measurement of contractor and subcontractor performance based on the status of all work performed. For contracts under the Integrated Deepwater Systems program, such requirement shall include a provision that links award fees to successful acquisition outcomes (which shall be defined in terms of cost, schedule, and performance). (6) A requirement that the Commandant of the Coast Guard assign an appropriate officer or employee of the Coast Guard to act as chair of each integrated product team and higher-level team assigned to the oversight of each integrated product team. (7) A requirement that the Commandant of the Coast Guard may not award or issue any contract, task or delivery order, letter contract modification thereof, or other similar contract, for the acquisition or modification of an asset under a procurement subject to subsection (b) unless the Coast Guard and the contractor concerned have formally agreed to all terms and conditions or the head of contracting activity of the Coast Guard determines that a compelling need exists for the award or issue of such instrument. (b) CONTRACTS, SUBCONTRACTS, TASK AND DELIVERY ORDERS COVERED- Subsection (a) applies to-- (1) any major procurement contract, first-tier subcontract, delivery or task order entered into by the Coast Guard; (2) any first-tier subcontract entered into under such a contract; and (3) any task or delivery order issued pursuant to such a contract or subcontract. (c) REPORTS- Not later than 30 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives: (1) a report on the resources (including training, staff, and expertise) required by the Coast Guard to provide appropriate management and oversight of the Integrated Deepwater Systems program; and (2) a report on how the Coast Guard will utilize full and open competition for any contract entered into after the date of enactment of the Act that provides for the acquisition or modification of assets under, or in support of, the Integrated Deepwater Systems program. SEC. 531. None of the funds provided by this or any other Act may be obligated for the development, testing, deployment, or operation of any system related to the MAX-HR project, or any subsequent but related human resources management project, until any pending litigation concerning such activities is resolved, and any legal claim or appeal by either party has been fully resolved. SEC. 532. (a) AMENDMENTS- Section 550 of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended-- (1) in subsection (c), by striking `consistent with similar' and inserting `identical to the protections given'; (2) in subsection (c), by striking `, site security plans, and other information submitted to or obtained by the Secretary under this section, and related vulnerability or security information, shall be treated as if the information were classified material' and inserting `and site security plans shall be treated as sensitive security information (as that term is used in section 1520.5 of title 49, Code of Federal Regulations, or any subsequent regulations relating to the same matter)'; and (3) by adding at the end of the section the following: `(h) This section shall not preclude or deny any right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance with respect to chemical facility security that is more stringent than a regulation, requirement, or standard of performance issued under this section, or otherwise impair any right or jurisdiction of any State with respect to chemical facilities within that State.'. (b) REGULATORY CLARIFICATION- Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall update the regulations administered by the Secretary that govern sensitive security information, including 49 CFR 1520, to reference all information required to be protected under section 550(c) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note), as amended by subsection (a). SEC. 533. The Commissioner of United States Customs and Border Protection shall, not later than July 1, 2008, establish for the United States Customs and Border Protection Officer (CBPO) position, a new classification (`CBPO/LEO'), which shall be identical to the current position description for a CBPO, and include, but not be limited to, eligibility for treatment accorded to law enforcement officers under subchapter III of chapter 83, and chapter 84 of title 5, United States Code. In developing the new classification, the Commissioner shall consult with the Office of Personnel Management, as well as employee groups that represent CBPOs. The option to elect to serve as a CBPO/LEO shall be available to all CBPOs who enter into service on or after July 1, 2008, as well as to incumbent CBPOs currently serving on July 1, 2008, who meet the maximum age requirements to serve in a law enforcement officer position. SEC. 534. In fiscal year 2008, none of funds made available in this or any other Act may be used to enforce section 4025(1) of Public Law 108-458 if the Assistant Secretary (Transportation Security Administration) determines that butane lighters are not a significant threat to civil aviation security: Provided, That the Assistant Secretary (Transportation Security Administration) shall notify the Committee on Appropriations of the Senate and the House of Representatives 15 days in advance of such determination including a report on whether the effectiveness of screening operations is enhanced by suspending enforcement of the prohibition: Provided further, That if the Assistant Secretary has previously submitted a report pursuant to Section 530 of Public Law 108-458, no further report shall be required. SEC. 535. None of the funds provided in this Act may be used to alter or reduce operations within the Civil Engineering Program of the Coast Guard nationwide, including the civil engineering units, facilities, design and construction centers, maintenance and logistics command centers, and the Coast Guard Academy, except as specifically authorized by a statute enacted after the date of enactment of this Act. SEC. 536. None of the funds appropriated in this Act may be used for a grant or contract for any project that does not comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided, That the President may suspend the provisions of such subchapter during a national emergency. SEC. 537. (a) None of the funds appropriated in this Act may be obligated for a grant or contract awarded by a means other than full and open competition, other than a grant distributed by a formula or other mechanism that is required by statute. The Secretary of Homeland Security may waive the application of this subsection during a national emergency. (b) The Secretary of Homeland Security shall establish an objective of awarding at least 3 percent of the total value of all contracts to be carried out with amounts appropriated in this Act to small business concerns. SEC. 538. None of the funds provided in this Act shall be available to carry out section 872 of Public Law 107-296. SEC. 539. Section 44940(a)(2) of title 49, United States Code, is amended by striking the last sentence of subparagraph (A), and clause (iv) of subparagraph (B). (RESCISSION OF FUNDS)SEC. 540. From the unobligated balances of funds transferred to the Department of Homeland Security when it was created in 2003, excluding mandatory appropriations, $55,273,000 is rescinded, of which $12,084,003 shall be rescinded from Departmental Operations. SEC. 541. None of the funds provided by this or previous appropriation Acts shall be used to fund any position designated as a Principal Federal Official during any declared disasters or emergencies. SEC. 542. Section 46301(a) of title 49, United States Code, is amended by adding at the end the following: `(6) FAILURE TO COLLECT AIRPORT SECURITY BADGES- Notwithstanding paragraph (1), any employer (other than a governmental entity or airport operator) who employs an employee to whom an airport security badge or other identifier used to obtain access to a secure area of an airport is issued before, on, or after the date of enactment of this paragraph and who does not collect or make reasonable efforts to collect such badge from the employee on the date that the employment of the employee is terminated and does not notify the operator of the airport of such termination within 24 hours of the date of such termination shall be liable to the Government for a civil penalty not to exceed $10,000.'. SEC. 543. None of the funds made available in this Act may be used by U.S. Citizenship and Immigration Services to grant an immigration benefit to any individual unless all criminal history and other background checks required for the benefit have been completed, the results of such checks have been received by U.S. Citizenship and Immigration Services, and the results do not preclude the grant of the benefit. This Act may be cited as the `Department of Homeland Security Appropriations Act, 2008'.
HOUSE AMENDMENTS
Amendment offered by Mr. Crowley. (NY) An amendment numbered 21 printed in the Congressional Record to increase funding, by transfer, the appropriation for state and local programs under Protection, Preparedness, Response and Recovery by $50,000,000. Agreed to June 14, 2007: 244 – 174 RC 453 Amendment offered by Mr. Campbell (CA). An amendment numbered 43 printed in the Congressional Record to reduce the appropriation for the Office of the Secretary and Executive Management by $9,961,000. Not agreed to June 14, 2007 201 – 221 RC 454 Amendment offered by Mr. Reichert. (WA) An amendment to reduce appropriation for the Office of the Secretary of Homeland Security by $1,000,000 and reduce appropriation for the Office of the Under Secretary for Management by $11,000,000. Agreed to June 14, 2007 218 – 205 RC 455 Amendment offered by Mr. Lamborn. An amendment numbered 32 printed in the Congressional Record to reduce appropriation for the Office of the Secretary and Executive Management by $300,000.
Amendment offered by Ms. Foxx. (NC) An amendment numbered 33 printed in the Congressional Record to reduce appropriation for the Office of the Secretary and Executive Management by $1,241.000. Agreed to June 15, 2007 216 to 198 RC 467 Amendment offered by Mr. McHenry to the Foxx amendment (NC) An amendment to replace the dollar amount proposed in the Foxx amendment for the Office of the Secretary and Executive Management with "$8,961,000". Not agreed to June 15, 2007 108 to 300 RC 466 Amendment offered by Mr. King (IA). An amendment to reduce appropriation for the Office of the Secretary and Executive Management by $79,000. Agreed to June 13, 2007 379 – 45 RC 456 Amendment offered by Mr. King (NY). An amendment to increase funding (by transfer) for the domestic nuclear detection office management and administration account by $40 million. Agreed to June 15, 2007 282 to 137 RC 470 Amendment offered by Ms. Brown-Waite, Ginny. (FL) An amendment numbered 13 printed in the Congressional Record to increase funding (by transfer) for the border security fencing, infrastructure, and technology account by $89.125 million. Agreed to June 15, 2007 241 to 179 RC 471 Amendment offered by Mr. Burgess. (TX) An amendment to increase funding (by transfer) for the transportation threat assessment and credentialing. Agreed to June 15, 2007 251 to 171 RC 472 Amendment offered by Mr. Ferguson. (NJ) An amendment to increase funding (by transfer) buffer zone protection under the Stat e and local programs account by $50 million. (Protects critical terrorist targets) Agreed to June 15, 2007 239 to 183 RC 473 Amendment offered by Mr. McHenry. (NC) An amendment to increase funding (by transfer) for the United States Citizenship and Immigration Services by $30 million. Not agreed to June 15, 2007 207 to 214 RC 474 Amendment offered by Ms. Brown, Corrine. (FL) An amendment numbered 19 printed in the Congressional Record to increase the fund in Office of the Chief Financial Officer by $1 million Agreed to by voice vote June 14, 2007 Amendment offered by Ms. Brown, Corrine. (FL) An amendment numbered 17 printed in the Congressional Record to increase funding (by transfer) to the Office of the Inspector General Operating Expenses account by $500,000. Agreed to by voice vote June 14, 2007 Amendment offered by Mr. Pearce. (NM) An amendment numbered 128 printed in the Congressional Record to increase funds (by transfer) to the United States Customs and Border Protection Salaries and Expenses by $125 million. Not agreed to 96 to 327 June 15, 2007 RC 475 Amendment offered by Mr. King (IA). An amendment numbered 104 printed in the Congressional Record to reduce and then increase, the amount appropriated for Security, Enforcement, and Investigations by $1 million. Agreed to by voice vote June 14, 2007 Amendment offered by Mr. Shays. An amendment to specify that $100,000 be available to promote information and education exchange with nations friendly to the United States in order to promote sharing of best practices and technologies relating to homeland security. Agreed to by voice vote June 14, 2007 Amendment offered by Mr. Carter. (TX) An amendment to strike the proviso regarding border fencing requirements under the Border Security, Fencing, Infrastructure, and Technology heading. Not agreed to June 15, 2007189 to 234 RC 476 Amendment offered by Mr. Conaway. An amendment numbered 16 printed in the Congressional Record to strike the proviso regarding the Border security fencing, infrastructure, and technology heading. Agreed to by voice vote June 14, 2007 Amendment offered by Mr. McCaul (TX). An amendment numbered 98 printed in the Congressional Record to strike the proviso for the Commissioner of United States Customs and Border Protection heading. Not agreed to June 15, 2007192 to 234 RC 477 Amendment offered by Mr. King (IA). An amendment numbered 105 printed in the Congressional Record to increase and decrease the United States Immigration and Customs Enforcement salaries and expenses account by $5,000,000. Agreed to June 15, 2007 228 to 195 RC 478 Amendment offered by Mr. Bilbray. (CA) An amendment to reduce appropriation for the Coast Guard construction by $150,000,000, and increase the State and local terrorism prevention activities by $150,000,000. Not agreed to 155 to 268 June 15, 2007 RC 479 Amendment offered by Mr. Dent. (PA) An amendment numbered 102 printed in the Congressional Record to provide $853,690,000 for the protective missions of the Secret Service. June 15, 2007 Amendment offered by Mr. McCaul (TX). An amendment to strike section 531 from the bill. Section 531 prohibits use of funds for the MAX HR project. Not agreed to June 15, 2007 184 to 238 RC 480 Amendment offered by Mr. Thompson (MS). An amendment to strike section 537(b). Section 537(b) establishes an objective of awarding at least 3 percent of all contracts to small business. Agreed to by voice vote June 14, 2007 Amendment offered by Mr. Rogers (KY). An amendment numbered 2 printed in the Congressional Record to prohibit that none of the funds in this Act be used to recruit or hire more than 45,000 full-time equivalent airport screeners. Not agreed to June 15, 2007 168 to 255 RC 481 Amendment offered by Mr. Deal (GA). An amendment numbered 96 printed in the Congressional Record to prohibit funds in this Act to be used to destroy any horse or mule belonging to the United States that has become unfit for service. Agreed to by voice vote June 14, 2007 Amendment offered by Mr. Poe. (TX) An amendment numbered 28 printed in the Congressional Record to prohibit funds to be used by the Secretary of Homeland Security to develop a plan that permits travel into the United States from foreign countries using any document other than a passport. {Western Hemisphere Travel Initiative would allow Canadian, Mexican and other western hemisphere resident to enter the US with documents other than passport} Agreed to by voice vote June 14, 2007 Not agreed to June 15, 2007 98 to 331 RC 482 Amendment offered by Mr. LaTourette. (OH) An amendment numbered 113 printed in the Congressional Record to prohibit funds to be used by the Secretary of Homeland Security to develop any plan under the Intelligence Reform and Terrorism Prevention Act of 2004 before June 1, 2009. An amendment numbered 113 printed in the Congressional Record to prohibit funds to develop any plan under the Intelligence Reform and Terrorism Prevention Act before June 1, 2009. Agreed to June 15, 2007 379 to 45 RC483 Amendment offered by Mr. Tancredo. (CO) An amendment to prohibit funds of this Act to carry out the visa waiver program. Not agreed to June 15, 2007 76 to 347 RC 484 Amendment offered by Ms. Jackson-Lee (TX). An amendment to require that the Secretary of Homeland Security shall submit a classified report describing the security vulnerabilities of the nation's pipelines and oil refineries to Congress no later than 120 days after the enactment of this Act. Agreed to by voice vote June 14, 2007 Amendment offered by Mr. Tancredo. (CO) An amendment numbered 7 printed in the Congressional Record to prohibit funds to be used in contravention of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Agreed to June 15, 2007 234 to 189 RC 485 Amendment offered by Mr. Royce. (CA) An amendment to prohibit funds made available for customs and border protection fencing, infrastructure, and technology from being used for anything but at least two layers of reinforced fencing and roads. Not agreed to June 15, 2007 149 to 272 RC 486 Amendment offered by Mr. Forbes. (VA) An amendment to prohibits funds to be used to extend the designation of any foreign state under the Immigration and Nationality Act. Not agreed to June 15, 2007 123 to 298 RC 487 Amendment offered by Mr. Rogers (KY). An amendment to prohibit use of funds in the bill to implement section 536 relating to Davis-Bacon provisions. {Would have removed provisions requiring that prevailing wage be paid to workers on government projects implemented in disaster areas} Not agreed to June 15, 2007 145 to 277 RC 488
Amendment offered by Mr. Rogers (KY). An amendment numbered 1 printed in the Congressional Record to reduce funding for the Department of Homeland Security by 5.7 percent over the next year. Not agreed to June 15, 2007 178 to 243 RC 489 Amendment offered by Mrs. Drake. (VA) An amendment numbered 9 printed in the Congressional Record to reduce appropriation for the Office of the Under Secretary for Management by $10,400,000, and increase appropriation for the Office of Immigration and Customs Enforcement by $9,100,000. Agreed to June 15, 2007 286 to 127 RC 469 Amendment offered by Ms. Fallin. (OK) An amendment numbered 31 printed in the Congressional Record to reduce appropriation for the Office of Secretary and Executive Management by $138,000 Agreed to June 15, 2007 248 to 168 RC 468 Amendment offered by Mr. Price (NC) Would increase funding for FEMA firefighter assistance grants by $5 million. Agreed to by voice vote June 15, 2007
51.
S.AMDT.2383 to
H.R.2638 In the nature of a substitute. 52.
S.AMDT.2384 to
H.R.2638 To allow for expanded uses of funding allocated to Louisiana
under the hazard mitigation program while preserving the goals of the
program to reduce future damage from disasters through mitigation. 53.
S.AMDT.2385 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 54.
S.AMDT.2386 to
H.R.2638 To amend title 18, United States Code, to make technical
corrections to the new border tunnels any passages offense. 55.
S.AMDT.2387 to
H.R.2638 To prohibit sexual abuse of prisoners held in custody at the
direction of or under an agreement with the Federal Government. 56.
S.AMDT.2388 to
H.R.2638 To provide financial aid to local law enforcement officials
along the Nation's borders, and for other purposes. 57.
S.AMDT.2389 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 58.
S.AMDT.2390 to
H.R.2638 To require that all contracts of the Department of Homeland
Security that provide award fees link such fees to successful acquisition
outcomes. 59.
S.AMDT.2391 to
H.R.2638
Cantwell amend #2391 (Plan to implement the recommendations regarding the
2010 Vancouver Olympic and Paralympic Games). 60.
S.AMDT.2392 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 61.
S.AMDT.2393 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 62.
S.AMDT.2394 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 63.
S.AMDT.2395 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 64.
S.AMDT.2396 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 65.
S.AMDT.2397 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 66.
S.AMDT.2398 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 67.
S.AMDT.2399 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 68.
S.AMDT.2400 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 69.
S.AMDT.2401 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 70.
S.AMDT.2403 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 71.
S.AMDT.2404 to
H.R.2638
Martinez amend #2404 (Establish an international registered traveler
program), as modified. 72.
S.AMDT.2405 to
H.R.2638 To make $300,000,000 available for grants to States to carry
out the REAL ID Act of 2005. Murray motion to table the amendment. The motion was agreed to by a vote RV 279 48-46. 73.
S.AMDT.2406 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 74. S.AMDT.2407 to H.R.2638 Lieberman amend #2407 (Provide funds for the Interoperable Emergency Communications Grant Program). The amendment was agreed to by voice vote. Sanders amend #2498 (Prohibit
funds made available in this act from being used to implement a rule or
regulation related to certain petitions for aliens to perform temporary
labor in the US). 75.
S.AMDT.2408 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 76.
S.AMDT.2409 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 77.
S.AMDT.2410 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 78.
S.AMDT.2411 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 79.
S.AMDT.2412 to
H.R.2638 To ensure control over the United States borders and
strengthen enforcement of the immigration laws. 80.
S.AMDT.2413 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 81.
S.AMDT.2414 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 82.
S.AMDT.2415 to
H.R.2638 To change the enactment date. 83.
S.AMDT.2416 to
H.R.2638 To evaluate identification card technologies to determine the
most appropriate technology for ensuring the optimal security, efficiency,
privacy, and cost of passport cards. Agreed to by voice vote. 84.
S.AMDT.2417 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 85.
S.AMDT.2418 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 86.
S.AMDT.2419 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 87.
S.AMDT.2420 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 88.
S.AMDT.2421 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 89.
S.AMDT.2422 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 90.
S.AMDT.2423 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 91.
S.AMDT.2424 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 92.
S.AMDT.2425 to
H.R.2638 To require the Secretary of Homeland Security to establish
and maintain on the website of the Department of Homeland Security a link
to the website for the Office of Inspector General for the Department of
Homeland Security, and for other purposes. 93.
S.AMDT.2426 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 94.
S.AMDT.2427 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 95.
S.AMDT.2428 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 96.
S.AMDT.2429 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 97.
S.AMDT.2430 to
H.R.2638 To provide for the control and management of Arundo donax,
commonly known as "Carrizo cane." 98.
S.AMDT.2431 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 99.
S.AMDT.2432 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 100.
S.AMDT.2433 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 101.
S.AMDT.2434 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 102.
S.AMDT.2435 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 103.
S.AMDT.2436 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 104.
S.AMDT.2437 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 105.
S.AMDT.2438 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 106.
S.AMDT.2439 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 107.
S.AMDT.2440 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 108.
S.AMDT.2441 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 109.
S.AMDT.2442 to
H.R.2638
Coburn amend #2442 (Prohibit funding for no-bid earmarks). 110.
S.AMDT.2443 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 111.
S.AMDT.2444 to
H.R.2638 To provide that none of the funds made available under this
Act may be expended until the Secretary of Homeland Security certifies to
Congress that all new hires by the Department of Homeland Security are
verified through the basic pilot program authorized under section 401 of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 or
may be available to enter into a contract with a person, employer, or
other entity that does not participate in the such basic pilot program.
Agreed to by voice vote. 112.
S.AMDT.2445 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 113.
S.AMDT.2446 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 114.
S.AMDT.2447 to
H.R.2638 To reserve $40,000,000 of the amounts appropriated for the
Domestic Nuclear Detection Office to support the implementation of the
Securing the Cities initiative at the level requested in the President's
budget. Agreed to by voice vote. 115.
S.AMDT.2448 to
H.R.2638 To increase the domestic supply of nurses and physical
therapists, and for other purposes. 116.
S.AMDT.2449 to
H.R.2638 To set aside $75,000,000 of the funds appropriated for
training, exercise, technical assistance, and other programs under the
heading State and local programs for training consistent with section
287(g) of the Immigration and Nationality Act. 117.
S.AMDT.2450 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 118.
S.AMDT.2451 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 119.
S.AMDT.2452 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 120.
S.AMDT.2453 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 121.
S.AMDT.2454 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 122.
S.AMDT.2455 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 123.
S.AMDT.2456 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 124.
S.AMDT.2457 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 125.
S.AMDT.2458 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 126.
S.AMDT.2459 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 127.
S.AMDT.2460 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 128.
S.AMDT.2461 to
H.R.2638 To increase the amount provided for aviation security
direction and enforcement. Agreed to by voice vote. 129.
S.AMDT.2462 to
H.R.2638 To require that not less than $5,400,000 of the amount
appropriated to United States Immigration and Customs Enforcement be used
to facilitate agreements described in section 287(g) of the Immigration
and Nationality Act. Agreed to by voice vote. 130.
S.AMDT.2463 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 131.
S.AMDT.2464 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 132.
S.AMDT.2465 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 133. S.AMDT.2466 to H.R.2638 Hutchison amend #2466 (Provide
local officials and the Sec. of HS greater involvement in decisions
regarding the location of border fencing). 134.
S.AMDT.2467 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 135.
S.AMDT.2468 to
H.R.2638 To state the policy of the United States Government on the
foremost objective of the United States in the Global War on Terror and in
protecting the United States Homeland and to appropriate additional sums
for that purpose. Landrieu amend #2468 (State the policy of the United States Government on the Cochran point of order that the amendment constitutes legislation on an appropriation bill and violates Rule 16 of the CBA. The point of order is sustained and the amendment falls. 136. S.AMDT.2469 to H.R.2638 Cochran amend #2469 (Provide
that certain hazard mitigation projects shall not be subject to any
pre-certification requirements). 137.
S.AMDT.2470 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 138.
S.AMDT.2471 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 139.
S.AMDT.2472 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 140.
S.AMDT.2473 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 141.
S.AMDT.2474 to
H.R.2638 Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 142. S.AMDT.2475 to H.R.2638 Stevens amend #2475 (Develop
and implement a model ports of entry program), as modified. 143.
S.AMDT.2476 to
H.R.2638 To require the Secretary of Homeland Security to establish
reasonable regulations relating to stored quantities of propane. 144.
S.AMDT.2477 to
H.R.2638
To require the Government Accountability Office to report on the
Department's risk-based grant programs. 145.
S.AMDT.2478 to
H.R.2638
To provide for a report on the Performance Accountability and Standards
System of the Transportation Security Administration. 146.
S.AMDT.2479 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 147.
S.AMDT.2480 to
H.R.2638
To ensure control over the United States borders and strengthen
enforcement of the immigration laws. The Graham Amendment can be read in detail here 148.
S.AMDT.2481 to
H.R.2638
To prohibit the use of funds to remove offenses from the list of criminal
offenses disqualifying individuals from receiving TWIC cards. 149.
S.AMDT.2482 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 150.
S.AMDT.2483 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text.
151.
S.AMDT.2484 to
H.R.2638
To provide for greater accountability in grant and contract
administration. 152.
S.AMDT.2485 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 153.
S.AMDT.2486 to
H.R.2638
To require an appropriate amount of funding for the Office of Bombing
Prevention. 154.
S.AMDT.2487 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 155.
S.AMDT.2488 to
H.R.2638
To prohibit U.S. Customs and Border Protection or any agency or office
within the Department of Homeland Security from preventing an individual
not in the business of importing a prescription drug importing an
FDA-approved prescription drug from Canada. 156.
S.AMDT.2489 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 157.
S.AMDT.2490 to
H.R.2638
To provide for a report on regional boundaries for Urban Area Security
Initiative regions. 158.
S.AMDT.2491 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 159.
S.AMDT.2492 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 160.
S.AMDT.2493 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 161.
S.AMDT.2494 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 162.
S.AMDT.2495 to
H.R.2638
To restore the credibility of the Federal Government by taking action to
enforce immigration laws, to request the President to submit a request to
Congress for supplemental appropriations on immigration, and for other
purposes. 163.
S.AMDT.2496 to
H.R.2638
To prohibit the use of funds relative to United States Customs and Border
Protection. 164.
S.AMDT.2497 to
H.R.2638
To establish a wild horse and burro adoption program at the Department of
Homeland Security. 165.
S.AMDT.2498 to
H.R.2638
To prohibit funds made available in this Act from being used to implement
a rule or regulation related to certain petitions for aliens to perform
temporary labor in the United States. 166.
S.AMDT.2499 to
H.R.2638
To make funds available to procure commercially available technology in
order to expand and improve the risk-based approach of the Department of
Homeland Security to target and inspect cargo containers under the Secure
Freight Initiative and the Global Trade Exchange and to provide an offset.
167.
S.AMDT.2500 to
H.R.2638
To require United States Customs and Border Protection to provide
information to Congress about the training of its personnel to effectively
assist the Food and Drug Administration in monitoring our Nation's food
supply. 168.
S.AMDT.2501 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 169.
S.AMDT.2502 to
H.R.2638
To authorize the Secretary of Homeland Security to regulate the sale of
ammonium nitrate to prevent and deter the acquisition of ammonium nitrate
by terrorists, and for other purposes. 170.
S.AMDT.2503 to
H.R.2638
To require the issuance and use of social security cards with biometric
identifiers for the establishment of employment authorization and
identity. 171.
S.AMDT.2504 to
H.R.2638
To express the sense of Congress regarding to need to appropriate
sufficient funds to increase the number of border patrol officers and
agents protecting the northern border pursuant to prior authorizations.
172.
S.AMDT.2505 to
H.R.2638
Relating to bringing Osama bin Laden and other leaders of al Qaeda to
justice. 173.
S.AMDT.2506 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 174.
S.AMDT.2507 to
H.R.2638
To require a study on the implementation of the voluntary provision of
emergency services program. 175.
S.AMDT.2508 to
H.R.2638
To provide funds to modernize the National Fire Incident Reporting System
and to encourage the presence of State and local fire department
representatives at the National Operations Center. 176.
S.AMDT.2509 to
H.R.2638
To mitigate the health risks posed by hazardous chemicals in trailers
provided by the Federal Emergency Management Agency, and for other
purposes. 177.
S.AMDT.2510 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 178.
S.AMDT.2511 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 179.
S.AMDT.2512 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 180.
S.AMDT.2513 to
H.R.2638
To require a national strategy and report on closed circuit television
systems. 181.
S.AMDT.2514 to
H.R.2638
To prevent procurement of any additional major assets until completion of
an Alternatives Analysis, and to prevent the use of funds contained in
this act for procurement of a third National Security Cutter until
completion of an Alternatives Analysis. 182.
S.AMDT.2515 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 183.
S.AMDT.2516 to
H.R.2638
Relative to border security requirements for land and maritime borders of
the United States. 184.
S.AMDT.2517 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 185.
S.AMDT.2518 to
H.R.2638
To set aside $60,000,000 of the overall amount appropriated for border
security, interior enforcement, and employment verification to be used for
employment verification improvements. 186.
S.AMDT.2519 to
H.R.2638
To provide that one of the funds appropriated or otherwise made available
by this Act may be used to enter into a contract in an amount grater than
$5 million or to award a grant in excess of such amount unless the
prospective contractor or grantee certifies in writing to the agency
awarding the contract or grant that the contractor or grantee owes no past
due Federal tax liability. 187.
S.AMDT.2520 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 188.
S.AMDT.2521 to
H.R.2638
To provide for special rules relating to assistance concerning the
Greensburg, Kansas, tornado. 189.
S.AMDT.2522 to
H.R.2638
To include the Mineta Transportation Institute at San Jose State
University as a member institution if the Secretary of Homeland Security
establishes a National Transportation Security Center of Excellence. 190.
S.AMDT.2523 to
H.R.2638
Purpose will be available when the amendment is proposed for
consideration. See Congressional Record for text. 191.
S.AMDT.2524 to
H.R.2638
To provide funding for security associated with the national party
conventions. 192.
S.AMDT.2525 to
H.R.2638
To require regional evacuation and sheltering plans. 193.
S.AMDT.2526 to
H.R.2638
To provide that certain funds shall be made available to the United States
Citizenship and Immigration Services for the fraud risk assessment
relating to the H-1B program is submitted to Congress. 194.
S.AMDT.2527 to
H.R.2638
To require the Administrator of the Federal Emergency Management Agency to
authorize an in-lieu contribution to the Peebles School.
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