TheWeekInCongress.com
Week Ending May 20, 2005
HR1817 Authorizing appropriations for fiscal year 2006 for the Department of Homeland Security, and for other purposes.
BRIEF
With HR 2360, a bill that appropriates funds for the Department of Homeland security and the 22 agencies under its’ belt Congress then passed HR 1817 authorizing the programs that HR 2360 would fund. DHS came into being two years ago and this is the first authorization bill since then.
Primarily the bill takes aim at fine tuning the department and its’ resources. The minority offered an alternative bill that, supporters hold, does a better job of closing the gaps and inefficiencies of the department
DHS, although holding responsibility for response to natural disasters and routine work of agencies such as the US Coast Guard, is seen primarily as national security agency. Although House members saw much to be concerned about the intent of the authorization bill is to fine tune programs and provisions rather than overhaul the department.
The bill aims to "enhance terrorism-related information analysis, integration, and sharing, bolster efforts to develop and deploy critical anti-terrorism technologies, elevate the cyber-security mission within the Department, fully fund 2,000 additional Border Patrol agents to help secure our Nation's vast borders against infiltration by terrorists or terrorist weapons, and enhance cargo and port security".
A $310 million increase over the President's request would spend $1.9 billion to add 2,000 fully trained border agents. The sheer volume of agencies under DHS warrants $4.5 million for a staff to integrate operations and fine tune coordination between them. $500 million, and increase of nearly $140 million would go to states for critical infrastructure grants and a $24 million increase would total $73 million for research and development. Similarly a $20 million increase would provide $100 million for WMD detection and prevention efforts.
Opposition to the bill detailed areas of concern that they think need more attention. Those areas include:
"risks facing critical infrastructures such as chemical and nuclear plants and the energy grid; threats to our airplanes and passengers; risks to our rail, public transit system, and buses; need for first responders to be able to communicate more effectively; need for a comprehensive border strategy; threat to our food supply;
protection of privacy, civil rights, and civil liberties; protection of our nation against bioterrorism attacks;
threats to our ports; and improvements in management and organization efficiency and oversight"
Sponsor: Representative Christopher Cox (R-CA-48th)
Vote: Passed House 424 to 4 (RC 189) (May 18, 2005) A Motion to Recommit With Instructions failed 199 to 228 (RC 188) (May 18, 2005)
Cost to the taxpayer: $34.7 billion was approved by the House yesterday, (May 17, 2005)
MORE INFORMATION
MINORITY ALTERNATIVE BILL EXPLANATION
COMMITTEE SUMMARY OF THE BILL
The core mission of the Department of Homeland Security (DHS) is threefold: first, preventing terrorist attacks within the United States; second, reducing America's vulnerability to terrorism; and third, responding to and recovering from terrorist attacks if and when they occur. It is equally essential that the Department carry out this mission in a manner that promotes our Nation's economic security through the facilitation of legitimate trade and travel. The President's proposed discretionary budget for the Department--and its 180,000 employees--for Fiscal Year 2006 is $34.2 billion. With mandatory funding accounts included, the total exceeds $41 billion. DHS is thus the third largest Cabinet agency, and its challenges are surely magnified by the fact that it is the result of a recent merger of 22 legacy agencies, each of which brought with it its own policies, systems, processes, and culture.
The complexity of the Department's missions, coupled with the enormity of its management and operational challenges, requires the close and continuing oversight that an annual Congressional re-authorization provides. Like the Department of Defense and the Intelligence Community agencies, DHS is--first and foremost--a national security agency. And like those other national security agencies, DHS should be subject to an annual authorization process through which the evolving needs of the Department can be met, and through which Congressional direction, oversight, and prioritization can take place. An annual authorization will help the Department improve the overall management and integration of its various legacy agencies, to guide resource allocation and prioritization, to set clear and achievable benchmarks for progress and success, and to enhance the Department's implementation of its critical mission.
H.R. 1817 is the first DHS authorization bill to be reported to the House since the creation of the Department in the Homeland Security Act of 2002 (P.L. 107-296), two and half years ago in the wake of the terrorist attacks of September 11, 2001. Given the pendency of the new Secretary of Homeland Security's comprehensive 90-day review of the Department's management, operations, and organization, the intent of this bill is not to make significant changes to the Department's overall budget and structure. Rather, the intent of this bill is to make some targeted and necessary improvements in the Department's operations, and to lay the foundation for a more comprehensive, annual review in collaboration with the Department.
In particular, H.R. 1817 will enhance terrorism-related information analysis, integration, and sharing, bolster efforts to develop and deploy critical anti-terrorism technologies, elevate the cyber-security mission within the Department, fully fund 2,000 additional Border Patrol agents to help secure our Nation's vast borders against infiltration by terrorists or terrorist weapons, and enhance cargo and port security. Further, H.R. 1817 accomplishes these goals within a realistic budgetary framework, consistent with the House-passed Budget Resolution and the President's Fiscal Year 2006 budget request for the Department.
Sec. 101. Department of Homeland Security
This section authorizes the top-line funding level for the Department of Homeland Security (DHS) as a whole, consistent with the President's Fiscal Year 2006 budget proposal for DHS and the House-passed Budget Resolution. All other specific authorizations included in this Act are subsumed herein. Programs not specifically authorized in this Act are not affected.
Sec. 102. Border patrol agents
This section authorizes more than $1.9 billion for border control and security between ports of entry--which is $310 million above the President's proposed Fiscal Year 2006 budget for such purposes. These additional funds will permit the Secretary of Homeland Security, in Fiscal Year 2006, to fully hire, train, and equip the 2,000 additional Border Patrol agents originally authorized under the Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 108-458).
The Committee strongly believes that our Nation's top homeland security priority must be the prevention of terrorist attacks, and a critical component of such a strategy is ensuring the security and integrity of America's borders against those who would carry out such attacks and the means by which they would carry them out. Additional Border Patrol agents provide a significant deterrent to individuals seeking to illegally enter the United States, or to smuggle in terrorist weapons, and this increase in funding will bolster our Nation's apprehension capabilities by approximately 20 percent.
The Committee also strongly believes that this additional funding for Border Patrol agents must come from reducing funds for lower priority programs and activities within the Department of Homeland Security, given the realities of the Department's overall budget for Fiscal Year 2006. In subsequent sections of this Act, the Committee's other programmatic authorizations reflect offsets to cover the entire $310 million increase in this account.
Since the September 11, 2001, terrorist attacks, additional staff, resources, and coordination have closed gaps along parts of the border. However, operational control is still lacking over large sections of the Nation's border. As certain areas are fortified, illegal border activity is re-directed to other less-monitored areas. In deploying the additional 2,000 border patrol agents authorized in this section, the Secretary shall make every effort to ensure that the less-monitored sectors along the U.S. international border with Mexico and Canada are adequately staffed to combat increasing illegal border activity.
Further, and in light of the additional 2,000 new Border Patrol agents authorized under this section, the Committee directs the Secretary to conduct a risk assessment as to whether some of these new agents should be placed, on a permanent basis, in the Caribbean region, particularly in the United States Virgin Islands. There currently is no Border Patrol station in within the U.S. Virgin Islands. The station responsible for covering this area is the Ramey Sector, located in Puerto Rico. The United States Virgin Islands has 175 miles of coastal borders and is a gateway to the continental U.S. This region has been increasingly exploited by human and drug smugglers to move people and narcotics, undetected, into the U.S. mainland.
The Committee also has a great interest in the America's Shield Initiative (ASI). This program will significantly improve U.S. border control capabilities, and the Committee expects the Department to issue a robust Request for Proposal (RFP) that addresses the National and regional requirements for this program sometime this summer. The current activities on the border highlight the need for a holistic, flexible, and integrated solution that contains the right mix of people, process, technology, and infrastructure. The complexity and strategic importance of this program require that DHS give careful consideration to project management and oversight. The ASI mission of integrating disparate Federal, State, local and tribal jurisdictions and agencies to provide a national solution to border control is paramount. The Committee supports the significant increase in the President's proposed budget for this program, which reflects the urgency of this program.
Sec. 103. Departmental management and operations
Of the amount authorized under section 101, this section authorizes to be appropriated $634,687,000, in Fiscal Year (FY) 2006 for Department of Homeland Security (Department or DHS) management and operations.
Specifically, this section authorizes $44,895,000 for the DHS Regions Initiative. Section 706 of the Homeland Security Act of 2002 requires the DHS Secretary to develop and submit a plan to Congress for consolidating and co-locating the regional and field offices of DHS' legacy components. The plan was due to Congress in November 2003; however, the Department has not yet finalized and submitted this plan.
The Committee is advised that the regional structure is now under consideration during the Secretary's 90-day review of the Department's policies, programs, operations, and organization. It is expected that integration and consolidation of the regional offices will result in increased efficiencies, improved program delivery, and cost savings.
The Fiscal Year 2006 budget request includes a request for $50,000,000 to support the establishment of the DHS regional structure. The Committee recognizes, however, that it is unlikely that full development and implementation of the plan could occur in FY 2006. Therefore, the Committee reduces the requested budget increase by $5,000,000.
This section also authorizes $4,459,000 for the DHS Operational Integration Staff Initiative. The Committee recognizes that the Fiscal Year 2006 budget request includes an increase of $10 million to create a permanent Operational Integration Staff in the Office of the Secretary `to provide high-level coordination and integration.' According to the budget request, the funding would be used to establish this staff as a `permanent entity.' The Committee is advised that the Secretary already has established an Operational Integration Staff, referred to as `I-STAFF.' The Committee is further advised that this staff includes at least 8 Full Time Employees (FTEs).
Integration of DHS is expected to result in increased efficiencies, reassignment of personnel to meet the Department's missions more effectively, and cost savings. These efficiencies and cost savings within the Department should allow the Secretary to shift resources to priority functions, rather than requiring an increase in FTEs for integration staff. Therefore, while the Committee strongly supports the integration function, the Committee reduces the proposed budget increase for this new, permanent entity by $5,000,000.
This section also authorizes $56,278,000 for the DHS Office of Security. The Committee strongly supports the role of the Office of Security in processing personnel security clearances and accesses, conducting security awareness education and training, and providing security accreditation of the Department's facilities and select information systems.
The Fiscal Year 2006 budget request includes a program increase of $39,445,000, which would more than double the budget for this Office to $61,278,000. The Committee recognizes, however, that provisions in the Intelligence Reform and Terrorism Prevention Act of 2004, enacted in December 2004, as P.L. 108-458, will help to streamline clearance processing and reduce some of the burden on this Office. Therefore, the Committee believes a reduction of $5 million in the requested budget increase is warranted. The funding level authorized by the Committee would still more than double the budget of the Office, an increase the Committee believes is warranted due to the importance of the Office's mission and its increased workload.
The savings outlined above, $15 million in total, have been dedicated for increased Border Patrol agents, consistent with Section 102 of this Act.
Sec. 104. Critical infrastructure grants
The Committee authorizes to be appropriated $500,000,000 for Fiscal Year 2006 for grants and other assistance to improve critical infrastructure protection. This represents a $135 million increase over Fiscal Year 2005 for similar critical infrastructure grants, although it is $100 million lower than the President's request. The Committee is concerned that the Department still is not fully employing a risk-based strategy for distributing these critical infrastructure grants, and that the money that has been allocated in the past has often been used for security projects of marginal utility to terrorism preparedness. The Committee also remains concerned about the delay in use of critical infrastructure grant funds that previously have been awarded. This reduction of $100 million has been dedicated for increased Border Patrol agents, consistent with Section 102 of this Act.
The President proposes, in his Fiscal Year 2006 budget request, to combine all of the critical infrastructure grants into a single, risk-based program. While the Committee supports the concept of risk-based allocation, the Committee believes additional details about how a single critical infrastructure grant program would operate are necessary, and its authorization under this section is not meant to authorize, at this time, a single grant program.
Sec. 105. Research and development
Of the amounts authorized under section 101, this section authorizes appropriations for Fiscal Year 2006 for certain research and development (R&D) accounts.
Specifically, it authorizes appropriations of $76,573,000 to support chemical countermeasure development activities, a $24 million increase over Fiscal Year 2005 levels. The Committee supports continuing research in this area, but believes that not all of the proposed $49,000,000 increase in the President's budget is necessary. Accordingly, the Committee has reduced the proposed increase by $25,000,000. Of this amount, $20 million will be used to authorize additional Border Patrol agents, and $5 million of this reduction will be used to authorize additional funds for the SAFETY Act Implementation Office (discussed below).
With respect to the President's proposed Domestic Nuclear Detection Office (DNDO), this section authorizes appropriations of $197,314,000. The Committee strongly supports the intent of the President's initiative. However, given the Committee's concerns about the scope and authority of this new office, its over-emphasis on detection technology to prevent nuclear terrorism, and the likely inability of the new office to fully expend the total requested amount during its first year, the Committee has authorized $30,000,000 less than the President's budget request of $227,000,000. The Committee notes that the authorized amount is still a $70,000,000 increase over Fiscal Year 2005 for comparable programs. This reduction of $30 million has been dedicated for increased Border Patrol agents, consistent with Section 102 of this Act.
This section also authorizes $10,000,000 for research and development of technologies capable of countering threats posed by man-portable air defense systems, including location-based technologies and non-commercial aircraft-based technologies. The Committee has authorized a sharp reduction in the funding for counter-MANPADS Research and Development (R&D) from the $110,000,000 proposed in the President's budget request ($49,000,000 above the Fiscal Year 2005 enacted level). Consistent with the budget views and estimates submitted by the Committee in March 2005 to the Committee on the Budget, the Committee believes that spending such a significant amount of funds on R&D and--most expensively--testing of aircraft-based counter-MANPADS systems is unjustified, absent a risk and cost assessment by either the Administration or the Congress supporting the actual deployment of such countermeasures. The Committee also believes that R&D funding in this area should be open to alternative technologies, which may provide more effective solutions to this threat at lower cost. Accordingly, the Committee has shifted $100 million from this account to pay for additional Border Patrol agents, which should help to decrease the ability of terrorists to smuggle anti-aircraft missiles into the United States.
Finally, this section authorizes $10,600,000 for the activities of the Science and Technology Directorate relating to the responsibilities described in subtitle B of title VIII of the Homeland Security Act of 2002 (P.L. 107-296) (6 U.S.C. 441 et seq.), commonly known as the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act of 2002. This is $5,000,000 more than the level proposed by the President, which would have reduced funding by $4,400,000 below Fiscal Year 2005 enacted levels.
Sec. 106. Border and transportation security
This section authorizes funding for the proposed Screening Coordination and Operations (SCO) Office at $826,913,000. The purpose of the SCO is to coordinate the enrollment and credentialing process for selected Department of Homeland Security (DHS) programs. The Committee supports the idea of the SCO and efforts to reduce costs by coordinating and consolidating similar processes in the transferred programs, which is consistent with reforms contained in Section 202 of this Act. Section 106, however, reduces the Fiscal Year 2006 budget request for this office by $20 million. The Committee strongly believes that this type of integration is not only necessary, but should help the Department achieve savings through efficiencies generated by the integration of multiple, overlapping programs. Therefore, the SCO should have sufficient resources to stand up and manage the new office without the need for additional expenditures and personnel, as called for in the President's budget request. The Committee is re-directing this $20 million to fund additional Border Patrol agents.
This section also authorizes funding for the weapons of mass destruction detection technology account at $100 million. This provides a $20 million increase above Fiscal Year 2005, although it is $25 million less than the Fiscal Year 2006 request. The Committee supports the deployment of such detection technology at U.S. ports of entry, but remains concerned about the escalating costs and delayed time frame for this program. The Committee also does not believe that the Department has a scientifically sound and risk-based deployment plan in place. For these reasons, the Committee has reduced the proposed increase for this program. From this reduction, $200 million will be re-directed to fund additional Border Patrol agents, and $5 million will be reserved to fund the Pre-Positioned Equipment (PPE) program. The PPE is one component of the Nation's plan to ensure that the necessary equipment is in place to respond to weapons of mass destruction attacks, but it was not funded in the President's budget request. The Committee urges the Department to propose specific funding for this program in Fiscal Year 2007, and to make sure that the program receives sufficient funding in Fiscal Year 2006 to maintain operations.
This section also authorizes $133,800,000 for the Container Security Initiative (CSI) for Fiscal Year 2006. The Committee generally supports this program, but is providing for certain reforms in other parts of this Act that require DHS to justify any further expansion of CSI based on a risk and cost-benefit assessment, particularly with respect to the need to deploy DHS personnel at such overseas ports. These requirements should generate cost savings in this program sufficient to continue appropriate expansion without additional resources in Fiscal Year 2006. To this end, this section provides for CSI funding levels only slightly higher than last year, and roughly $5 million below the President's Fiscal Year 2006 request. These savings will be re-directed to increase available funding for Border Patrol agents.
Sec. 107. State and local terrorism preparedness
Of the total amount authorized under section 101, this section authorizes appropriations for Fiscal Year 2006 for certain State and Local Terrorism Preparedness programs.
Specifically, it authorizes appropriations of $40,500,000 for the activities of the Office for Interoperability and Compatibility (OIC) within the Science and Technology (S&T) Directorate. This is $20,000,000 more than the level proposed by the President in his budget proposal. It is offset by an equal reduction to the President's request for discretionary grants for high-threat, high-density urban areas. Notwithstanding this reduction from the proposed level, the $1,000,000,000 authorized for such grants is a $115 million increase over Fiscal Year 2005.
The Committee recognizes that States and local governments, such as high-threat, high-density urban areas, require technical assistance and guidance to design, install, and operate comprehensive and effective interoperable communications systems. The OIC's guidance and technical assistance will help urban and other high-risk areas best utilize their grant funds for such purposes. Moreover, enhanced OIC capabilities will result in wiser spending decisions, effective communications improvements, and an efficient use of grant funds.
Sec. 108. Authorization of appropriations for training of State and local personnel in border States performing immigration functions
This section authorizes reimbursement to States along U.S. borders and coasts for the costs associated with having their state and local law enforcement personnel trained and certified by the Department of Homeland Security's (the Department or DHS) U.S. Immigration and Customs Enforcement (ICE) to enforce Federal immigration laws. Currently, immigration laws can be enforced only by Federal law enforcement officials, even when state and local authorities encounter persons, in the course of performing their routine law enforcement duties, that they suspect may not be in the U.S. legally. However, since 1996--when section 133 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 amended section 287 of the Immigration and Nationality Act (INA) and added subpart (g)--there has been authority allowing state and local law enforcement to be trained and certified by ICE, under voluntary agreements entered into between the Federal government and the participating State or local jurisdiction.
Specifically, section 287(g) of the INA authorizes the Secretary of Homeland Security to enter into agreements or Memoranda of Understanding (MOU) with any State or political subdivision for training to be qualified to perform functions of an immigration officer, including investigation, apprehension, and detention of undocumented aliens in the United States. So far, the Department has entered into three MOUs: the State of Florida in September 2002, the State of Alabama in September 2003; and the county of Los Angeles, California, in February 2005. Despite the success of these existing programs and interest by at least 14 other jurisdictions, expansion to other States and localities has stalled because of costs associated with training, including the costs associated with the time officers are away from their regular duties.
To address this issue and encourage further expansion of this program, this section authorizes $40 million to reimburse certain States and political subdivisions for the costs associated with their personnel attending such immigration training, including travel, transportation, and per diem meals and lodging during the training provided by ICE, and the costs of replacement personnel. The Committee has focused on States that are located along U.S. borders and coastline, where state and local law enforcement assistance can be of most value in helping to secure the Nation's borders against terrorists or other aliens seeking to unlawfully enter the U.S.
The Committee authorizes the funding from ICE's management and administration account, as that will provide maximum flexibility to the Department and not directly affect other ICE programs. These funds pay for expenses such as operation and maintenance of facilities and equipment, supplies and materials, rent, and other administrative support. The Committee believes that ICE should work to eliminate overlap and duplication in administrative functions at the headquarter level, and encourages the Secretary of Homeland Security to review such matters as part of his ongoing 90-day review of the Department's overall organization and management. Specifically, the Secretary should review the organizational structure of the Border and Transportation Security Directorate (BTS), under which ICE resides, to determine how best to eliminate duplication of office management and overhead caused by having multiple offices for legislative affairs, public affairs, international affairs, and intelligence within BTS (including within ICE).
In Fiscal Year 2005, the enacted funding for ICE management and administration was $232,565,000, and the requested amount for Fiscal Year 2006 is $277,572,000--representing a net increase of $45 million dollars. In addition to the $45 million increase over last year's budget, ICE is also set to receive a substantial reprogramming of fiscal year funds from other elements of the Department, and may also receive additional funding in the Emergency Supplemental Appropriations bill soon to be considered by the Congress. Overall, the budget for ICE in Fiscal Year 2005 was $3.8 billion, and the President's request for Fiscal Year 2006 is $4.3 billion--representing a net increase of $519 million. Given these factors, the Committee believes that there is sufficient funding within ICE to reimburse States and local governments for assisting with the enforcement of Federal immigration law in border States, particularly with improved management and more streamlined operations.
MINORITY ALTERNATIVE BILL EXPLANATION
The Committee reported H.R. 1817, the Homeland Security Authorization Act for Fiscal Year 2006, on Wednesday, April 27, 2005. The bill is the first-ever authorization of the Department of Homeland Security by the standing Committee on Homeland Security. Unfortunately, the legislation, as voted out of Committee, is sparse and far from comprehensive. While we agree with the majority of the provisions, the piecemeal and incomplete approach of the legislation will do little to cure the Department of its ills. It may treat the agency's symptoms, but not its many ailments. Even Chairman Cox agreed with this assessment during Committee mark-up, saying in his opening statement, `[t]his authorization bill is by no means as comprehensive as I would have liked.'
We appreciate that the Chairman included provisions in H.R. 1817 that help enhance technology at the Department and create an Assistant Secretary for Cybersecurity. The latter is especially relevant as Congresswoman Zoe Lofgren, along with Congressman Mac Thornberry, have advocated this elevation for the nation's cyber czar since the early days of the 108th Congress when they served as Ranking Member and Chairman, respectively, of the Cybersecurity, Science, and Research & Development Subcommittee of the Select Committee on Homeland Security. This provision has almost universally been supported by the private sector and academia. There is no reason to continue to leave cybersecurity as an afterthought in our nation's security efforts.
We also fully support the Manager's amendment offered by Chairman Cox and Ranking Member Thompson. This amendment includes provisions to reform the ineffective color-coded Homeland Security Advisory System, create a 9-11 Memorial Fellows program, and create cybersecurity training programs in institutions of higher learning.
That said, the bill does not address a large number of dangerous security gaps. The bill leaves virtually untouched several key homeland security areas, including the following:
risks facing critical infrastructures such as chemical and nuclear plants and the energy grid;
threats to our airplanes and passengers;
risks to our rail, public transit system, and buses;
need for first responders to be able to communicate more effectively;
need for a comprehensive border strategy;
threat to our food supply;
protection of privacy, civil rights, and civil liberties;
protection of our nation against bioterrorism attacks;
threats to our ports; and
improvements in management and organization efficiency and oversight.
All these gaps must be met if our nation is to be as secure as it needs to be. A homeland security authorization bill that does not address these issues is incomplete. We presented a substitute bill at mark-up that addressed the issues that H.R. 1817 did, but also provided for the security of America in those areas with the most glaring gaps. When that substitute was rejected by all the Republicans, we offered several amendments on individual security gaps. The Republican majority on the Committee chose to reject the bulk of these amendments as well.
The Democratic substitute to H.R. 1817, `The Complete Homeland Security Act,' addresses the significant gaps that exist in our nation's homeland security efforts. The substitute provides for a comprehensive border protection plan, mandates the protection of key critical infrastructures, supports the development of new technologies, establishes structural changes at the Department to better organize it, and takes a number of additional steps. The Democratic substitute represents a genuine strategy for ensuring our homeland is protected now.
The Democratic substitute makes the Department of Homeland Security's budget a priority. It funds the discretionary programs of the Department at approximately $41 billion, $6.9 billion above the President's request. Unlike the President's budget, however, no part of these funds will come from taxing airline tickets. This is because raising the government-mandated `fee' to fly is bad for aviation, for consumers, and for our economy.
The Democratic substitute prioritizes funding for local homeland security programs. It provides $6.49 billion for grants to state and local governments, $2.29 billion more than the President's budget, to help acquire the tools needed by law enforcement and first responders on the front-line of preventing and responding to a terrorist attack. Beyond the President's budget, the Democratic substitute provides:
$80 million to restore funding to the State Homeland Security Grant Program, the primary source of funds used by the states for acquiring the tools needed to prevent and responds to a terrorist attack;
$500 million to ensure that all first responders can communicate with one another in the event of an emergency;
$400 million to restore funding to the Law Enforcement Terrorism Prevention program, which is eliminated under the President's budget. This program provides funding to law enforcement agencies to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism;
$1 billion to provide grants for port, rail, transit and bus security. These funds are badly needed. The Coast Guard estimates that ports alone will need $5.4 billion in new security investments over the next 10 years;
$10 million to restore funding to the Emergency Management and Performance Grants (EMPG) program, which is cut by six percent in the President's budget. The EMPG program helps states and local governments strengthen their emergency management capabilities, while addressing issues of national concern;
$50 million to restore funding to the Metropolitan Medical Response Systems (MMRS) grant program, which is eliminated in the President's budget, and to expand the program. The MMRS program provides grants to ensure that hospital systems in major metropolitan areas are prepared to respond to mass casualties created by a terrorist attack or other emergency;
$100 million to hire over 1,000 new firefighters nationwide through the SAFER program. The President's budget has no funding for this program; and
$150 million to restore funding to the FIRE Act grants program, which provides fire departments across the nation with the equipment they need to respond to a terrorist attack or other emergency.
The substitute also ensures that critical research and development at the Department actually happens. It provides $1.8 billion for Science and Technology Directorate programs, including $418 million to fulfill the Intelligence Reform and Terrorism Prevention Act of 2005 (9/11 Act) commitment to aviation security research and development, such as on the next generation of baggage screening technology. The substitute also provided $115 million for research on technologies to counter Man-Portable Air Defense Systems (MANPADS), and broadens the scope of research to include ground-based technologies previously unsupported by DHS. In addition, the substitute provides $35.4 million for new biological countermeasures and technologies to protect American agriculture from terrorist attack.
To ensure that our critical infrastructure is secure, the substitute provides $873 million to improve assessments of the risks to nuclear power plants, chemical facilities, the energy grid, and other critical infrastructure. It also provides for an adequate number of border patrol agents, inspectors and other Federal law enforcement needs by providing $28.4 billion to the Border and Transportation Security Directorate. The substitute also provided funding for immigration processing and other security functions, such as hiring, training, and equipping 2,000 new border agents, as called for in the 9/11 Act.
To assist our first responders, the substitute provides $3.2 billion for Federal emergency preparedness and response programs. This will ensure that the Federal Emergency Management Agency (FEMA) is able to continue its traditional mission of providing assistance during natural disasters.
The substitute also saves money, including $53 million by eliminating the implementation of a new personnel system at the Department that is unworkable and would adversely affect the hard-working career employees at the agency who give their all every day to securing our nation. Rather than penalizing the Department's workers, the Democratic substitute also provides needed funding for the under-staffed and overworked Office of Inspector General by increasing its budget to $200 million and allowing it to hire at least another 500 more investigators and auditors.
The substitute requires the President to complete a report on why his budget request for Fiscal Year 2006 does not fulfill the homeland security commitments in the 9/11 Act he signed into law in December, 2004. At the time that he signed the legislation into law the President said, `We'll continue to work with Congress to make sure they've got the resources necessary to do their jobs.' Despite this statement, President Bush's budget falls far short of funding the provisions in the 9/11 Act. For example, the Act authorized the hiring of 2,000 new border patrol agents, but President Bush's budget only provides enough funding to hire 210 new agents, despite the continued attention being paid to the lack of security on our borders.
The substitute also provides for a number of policy initiatives that are critically needed to secure our nation. When our substitute was rejected by the Republican majority, we offered a number of these initiatives as individual amendments.
HOUSE AMENDMENTS
1. H.AMDT.146 to
increase funding for the Department of Homeland Security's Office of Inspector
General to $200 million.
Sponsor: Rep Meek, Kendrick B. [D-FL-17th] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment not agreed to. Status: On
agreeing to the Meek (FL) amendment (A001) Failed by recorded vote: 184 - 244 (RC
183).
2. H.AMDT.147 to authorize
$40,000,000 to be appropriated for FY 2006 to reimburse States and localities
for the costs associated with having State and local law enforcement trained and
certified by DHS' Immigration and Customs Enforcement to enforce Federal
immigration laws.
Sponsor: Rep Cox, Christopher [R-CA-48th] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Cox amendment (A002) Agreed to by voice vote.
3. H.AMDT.148 to ensure that
in replacing the color-coded terror alert system as required by the bill, that
DHS draws on expertise in how best to communicate risk to the public, including
expertise from a relevant Center for Excellence funded by the Department.
Sponsor: Rep Kennedy, Patrick J. [D-RI-1st] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Kennedy (RI) amendment (A003) Agreed to by voice vote.
4. H.AMDT.149 to to
require the DHS to coordinate its activities regarding protection of critical
infrastructure with "other relevant Federal agencies".
Sponsor: Rep Cox, Christopher [R-CA-48th] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Cox amendment (A004) Agreed to by voice vote.
5. H.AMDT.150 to
authorize not more than $5 million in grants for the National Medical
Preparedness Consortium to standardize training, national health care policies,
and standards of care for emergency medical professionals to prepare for mass
casualties resulting from a terrorist event involving WMD.
Sponsor: Rep Johnson, Eddie Bernice [D-TX-30th] (introduced 5/18/2005)
Cosponsors (None)
Latest Major Action: 5/18/2005 By unanimous consent, the Johnson, E. B.
amendment was withdrawn.
6. H.AMDT.151 to change
the "30 minute rule" that requires passengers on commercial flights into and out
of Washington Reagan National Airport (DCA) to remain seated for 30 minutes by
reducing that time to 15 minutes. The amendment permits the Secretary of DHS to
decrease the time even more; and prohibits the pilot from diverting a flight
from DCA for a violation of the seating rule unless he or she determines the
actions to be a threat to the security of passengers or the aircraft.
Sponsor: Rep Ehlers, Vernon J. [R-MI-3] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Ehlers amendment (A006) Agreed to by voice vote.
7. H.AMDT.152 to make
improvements to the Federal Flight Deck Officers (FFDO) Program including
increasing access to initial and recurrent training for FFDO's by establishing
qualification standards, exploring the possibility of alternate sites for
training, and ensuring that the trainingbe provided at no cost to the pilot.
Also requires the Secretary to establish a secure means for TSA personnel to
communicate with FFDO's in support of their mission, issue badges to FFDO's
within 180 days, set up a process by which pilots can appeal a TSA decision to
revoke a FFDO's status, establish a pilot program to allow FFDO's to carry their
weapon, and encourage the President to pursue international agreements that will
allow the use of FFDO's on international flights. Contact: 5-6416.
Sponsor: Rep DeFazio, Peter A. [D-OR-4] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the DeFazio amendment (A007) Agreed to by voice vote.
8. H.AMDT.153 to add the
Information Assurance Directorate of the National Security Agency (NSA) to the
list of Federal agencies that the DHS Under Secretary for Science and Technology
shall coordinate with on cybersecurity research and development activities.
Sponsor: Rep Cardin, Benjamin L. [D-MD-3rd] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Cardin amendment (A008) Agreed to by voice vote.
9. H.AMDT.154 to
improve pre-clearance border crossing programs, including NEXUS, FAST, and
SENTRI. Authorizes the creation of four U.S. enrollment centers and customer
service number, merges the requirements of the NEXUS air and land cards.
Sponsor: Rep Slaughter, Louise McIntosh [R-NY-28] (introduced 5/18/2005)
Cosponsors (None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Slaughter amendment (A009) Agreed to by voice vote.
10. H.AMDT.155 to make
the Customs and Border Protection's Office of Air and Marine Operations the lead
DHS agency to conduct airspace security around the Nation's Capitol and for
special events of national significance. Also calls for a report within 90 days
from DHS that identifies the facility, asset, and personnel requirements to
fulfill the airspace security mission.
Sponsor: Rep Souder, Mark E. [IN-3] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 By unanimous consent, the Souder amendment
was withdrawn.
11. H.AMDT.156 to
permit Department of Energy laboratories to team up with a university or
consortium of universities when competing for Department of Homeland Security's
Centers for Excellence.
Sponsor: Rep Wamp, Zach [R-TN-3] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Wamp amendment (A011) Agreed to by voice vote.
12. H.AMDT.157 to
require the Secretary of DHS to report to Congress on how to coordinate and
protect the various infrastructure in the area between Port Elizabeth and Newark
International Airport, New Jersey.
Sponsor: Rep Thompson, Bennie G. [MS-2] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 By unanimous consent, the Thompson (MS)
amendment was withdrawn.
13. H.AMDT.158 to
prohibit any of the money in the DHS authorization bill to come from an increase
in airline ticket taxes.
Sponsor: Rep Hooley, Darlene [OR-5] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Hooley amendment (A013) Agreed to by recorded vote: 363 - 65 (RC
184).
14. H.AMDT.159 to
require the DHS to conduct a study of the feasibility and desirability of
expanding the "National Capitol Region" (NCR) area beyond its existing
boundaries, which were set in 1952. DHS would study whether an expanded NCR
would promote coordination between State, regional, and local government and the
ability of the Federal, State, and local governments to prevent and respond to a
terrorist attack within the NCR.
Sponsor: Rep Cardin, Benjamin L. [MD-3] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Cardin amendment (A014) Agreed to by voice vote.
15. H.AMDT.160 to
require the Secretary of DHS to report to Congress within 6 months of the
enactment of the bill on its efforts to (1) reduce the imitation of badges,
identification, uniforms, or other insignia used by any officer of DHS; (2)
improve the design of the various forms of DHS identification to prevent illegal
replication; (3) increase public awareness of imitation forms of Homeland
Security identification; (4) teach the public to identify authentic Homeland
Security identification; (5) assess the effectiveness of their efforts; and (6)
recommend any legislation or administrative actions necessary to achieve their
objectives.
Sponsor: Rep Slaughter, Louise McIntosh [NY-28] (introduced 5/18/2005)
Cosponsors (None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Slaughter amendment (A015) Agreed to by voice vote.
16. H.AMDT.161 to
require the Secretary to carry out an Advanced Technology Northern Border
Security Pilot Program authorized in the National Intelligence Reform Act of
2004. Also requires the Secretary to carry out a study on border surveillance of
the northern border of the United States by remotely piloted vehicles.
Sponsor: Rep Kennedy, Mark R. [R-MN-6th] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Kennedy (MN) amendment (A016) Agreed to by voice vote.
17. H.AMDT.162 to
instruct GAO to conduct a study examining the impact of an increase in Temporary
Protected Status (TPS) application fees on the nationals of countries for which
TPS is available and the differential in cost between the current statutory fee
and the cost-based fee proposed by Customs and Immigration Services. Instructs
GAO to conduct a study on the premium processing fee system and its possible
application to individuals and their families.
Sponsor: Rep Jackson-Lee, Sheila [D-TX-18th] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Jackson-Lee (TX) amendment (A017) Agreed to by voice vote.
18. H.AMDT.163 to
clarify the existing authority of State and local enforcement personnel to
apprehend, detain, remove, and transport illegal aliens in the routine course of
duty. Also requires DHS to establish a training manual on this matter and set
forth simple guidelines for making that training available.
Sponsor: Rep Norwood, Charlie [R-GA-9th] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Norwood amendment (A018) Agreed to by recorded vote: 242 - 185 (RC185).
19. H.AMDT.164 to call for
the Secretary of Homeland Security to submit a report to Congress on: the number
and types of border violence activities that have occurred; the types of
activities involved; a description of the categories of victims that exists; and
a description of the steps that DHS is taking and any plan that the Department
had formulated to prevent these activities.
Sponsor: Rep Jackson-Lee, Sheila [D-TX-18th] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment not agreed to. Status: On
agreeing to the Jackson-Lee (TX) amendment (A019) Failed by recorded vote: 182 -
245 (RC 186).
20. H.AMDT.165 to
strengthen the "Buy America Act" and restore the original intent that more than
50% of the components in end products purchased by DHS shall be mined, produced,
or manufactured inside the United States.
Sponsor: Rep Manzullo, Donald A. [IL-16th] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Manzullo amendment (A020) Agreed to by voice vote.
21. H.AMDT.166 to allow
FEMA reimbursements for funeral expenses only if the death was determined by a
medical examiner to be caused by a natural disaster.
Sponsor: Rep Putnam, Adam H. [R-FL-12th] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Putnam amendment as modified Agreed to by voice vote.
22. H.AMDT.167 to
extend the current authorization of appropriations for the Office of
Counternarcotics Enforcement at DHS to fiscal year 2006.
Sponsor: Rep Souder, Mark E. [IN-3rd] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment agreed to. Status: On
agreeing to the Souder amendment (A022) Agreed to by voice vote.
23. H.AMDT.168 The amendment
authorizes $6.9 billion over H.R. 1817 in homeland security funding. Also
includes a number of policy proposals to close security gaps and to restructure
DHS.
Sponsor: Rep Thompson, Bennie G. [R-MS-2nd] (introduced 5/18/2005) Cosponsors
(None)
Latest Major Action: 5/18/2005 House amendment not agreed to. Status: On
agreeing to the Thompson (MS) amendment (A023) Failed by recorded vote: 196 -
230 (RC 187).