43-030 PDF
2d Session
110-396
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2009
| June 23, 2008- Ordered to be printed | |
| Mr. BYRD, from the Committee on Appropriations, submitted the following | |
| REPORT | |
| [To accompany S. 3181] |
The Committee on Appropriations reports the bill (S. 3181) making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2009, and for other purposes, reports favorably thereon and recommends that the bill do pass.
| Total obligational authority, fiscal year 2009 | |
| Total of bill as reported to the Senate 1 2 3 | $41,313,745,000 |
| Amount of 2008 appropriations 4 | 38,746,643,000 |
| Amount of 2009 budget estimate 2 3 5 | 38,853,807,000 |
| Bill as recommended to Senate compared to-- | |
| 2008 appropriations | +2,567,102,000 |
| 2009 budget estimate | +2,459,938,000 |
| 1 Includes $31,800,000 in rescissions. | |
| 2 Includes a permanent indefinite appropriation of $257,305,000 for the Coast Guard health care fund contribution. | |
| 3 Excludes $2,175,000,000 appropriated in the Department of Homeland Security Appropriations Act, 2004 (Public Law 108-90) for Biodefense Countermeasures that becomes available for obligation in fiscal year 2009. | |
| 4 Includes $2,710,000,000 in emergency appropriations for border security pursuant the Department of Homeland Security Appropriations Act, 2008 (Public Law 110-161). Includes rescissions totaling $247,249,000 pursuant to Public Law 110-161. Excludes $2,900,000,000 in emergency appropriations for disaster relief pursuant to Public Law 110-116. Includes a permanent indefinite appropriation of $272,111,000 for the Coast Guard health care fund contribution. | |
| 5 Includes a $9,000,000 cancellation. |
| CONTENTS | ||
| DEPARTMENT OF HOMELAND SECURITY | Page | |
| Overview and Summary of the Bill | 4 | |
| Title I: | ||
| Departmental Management and Operations: | Office of the Secretary and Executive Management | |
| 7 | ||
| Office of the Under Secretary for Management | ||
| 12 | ||
| Office of the Chief Financial Officer | ||
| 16 | ||
| Office of the Chief Information Officer | ||
| 17 | ||
| Analysis and Operations | ||
| 19 | ||
| Office of the Federal Coordinator for Gulf Goast Rebuilding | ||
| 20 | ||
| Office of Inspector General | ||
| 21 | ||
| Title II: | ||
| Security, Enforcement, and Investigations: | ||
| U.S. Customs and Border Protection: | ||
| Salaries and Expenses | 23 | |
| Automation Modernization | 32 | |
| Border Security Fencing, Infrastructure, and Technology | 34 | |
| Air and Marine Interdiction, Operations, Maintenance, and Procurement | 36 | |
| Construction | 38 | |
| U.S. Immigration and Customs Enforcement: | ||
| Salaries and Expenses | 42 | |
| Federal Protective Service | 52 | |
| Automation Modernization | 54 | |
| Construction | 55 | |
| Transportation Security Administration: | ||
| Aviation Security | 56 | |
| Surface Transportation Security | 67 | |
| Transportation Threat Assessment and Credentialing | 68 | |
| Transportation Security Support | 70 | |
| Federal Air Marshals | 73 | |
| Coast Guard: | ||
| Operating Expenses | 75 | |
| Environmental Compliance and Restoration | 82 | |
| Reserve Training | 83 | |
| Acquisition, Construction, and Improvements | 83 | |
| Alteration of Bridges | 89 | |
| Research, Development, Test, and Evaluation | 90 | |
| Retired Pay | 90 | |
| United States Secret Service: | ||
| Salaries and Expenses | 91 | |
| Acquisition, Construction, Improvements, and Related Ex- penses | 94 | |
| Title III: | ||
| Protection, Preparedness, Response, and Recovery: | ||
| National Protection and Programs Directorate: | ||
| Management and Administration | 95 | |
| Infrastructure Protection and Information Security | 95 | |
| United States Visitor and Immigrant Status Indicator Technology | 99 | |
| Office of Health Affairs | ||
| 100 | ||
| Federal Emergency Management Agency: | ||
| Management and Administration | 102 | |
| State and Local Programs | 108 | |
| Firefighter Assistance Grants | 117 | |
| Emergency Management Performance Grants | 118 | |
| Radiological Emergency Preparedness Program | 118 | |
| United States Fire Administration | 118 | |
| Disaster Relief | 119 | |
| Disaster Readiness and Support | 120 | |
| Disaster Assistance Direct Loan Program Account | 120 | |
| Flood Map Modernization Fund | 121 | |
| National Flood Insurance Fund | 121 | |
| National Flood Mitigation Fund | 122 | |
| National Pre-Disaster Mitigation Fund | 122 | |
| Emergency Food and Shelter | 123 | |
| Title IV: | ||
| Research and Development, Training, and Services: | United States Citizenship and Immigration Services | |
| 124 | ||
| Federal Law Enforcement Training Center: | ||
| Salaries and Expenses | 127 | |
| Acquisition, Construction, Improvements, and Related Expen- ses | 129 | |
| Science and Technology: | ||
| Management and Administration | 130 | |
| Research, Development, Acquisition, and Operations | 130 | |
| Domestic Nuclear Detection Office: | ||
| Management and Administration | 135 | |
| Research, Development, and Operations | 135 | |
| Systems Acquisition | 135 | |
| Title V: General Provisions | 137 | |
| Program, Project, and Activity | 143 | |
| Compliance With Paragraph 7, Rule XVI of the Standing Rules of the Sen- ate | 144 | |
| Compliance With Paragraph 7(c), Rule XXVI of the Standing Rules of the Senate | 145 | |
| Compliance With Paragraph 12, Rule XXVI of the Standing Rules of the Senate | 145 | |
| Disclosure of Congressionally Directed Spending Items | 148 | |
| Comparative Statement of New Budget Authority | 151 |
OVERVIEW AND SUMMARY OF THE BILL
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Fiscal year 2009 2 3 4 request Fiscal year 2009 1 2 3 Committee recommendation
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Title I--Departmental Management and Operations $1,185,492,000 $1,197,419,000
Title II--Security, Enforcement, and Investigations 28,786,378,000 29,640,921,000
Title III--Protection, Preparedness, Response, and Recovery 7,020,634,000 8,540,240,000
Title IV--Research and Development, Training, and Services 1,861,303,000 1,935,165,000
Title V--General Provisions
Total, new budget (obligational authority) 38,853,807,000 41,313,745,000
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The Committee recommends total appropriations of $41,313,745,000 for the Department of Homeland Security (the Department) for fiscal year 2009, $2,459,938,000 more than the budget request. Of this amount, $40,077,000,000 is for discretionary programs.
OVERVIEW
Since the establishment of the Department of Homeland Security, the administration has consistently requested inadequate funding to fulfill critical missions. The Nation cannot be secured on the cheap. The Committee, on a bipartisan basis, has increased funding above the request each year--for fiscal year 2004 by $1,400,000,000, for fiscal year 2005 by $832,000,000; for fiscal year 2006 by $1,400,000,000; for fiscal year 2007 by $2,760,000,000; and for fiscal year 2008 by $3,300,000,000.
For fiscal year 2009, the President, once again is seeking a flat budget, $38,853,807,000 compared to $38,746,643,000 for fiscal year 2008. And, once again, the Committee will take the initiative to provide increased resources to secure the homeland.
While much has been accomplished since the attacks of 9/11, much remains to be done. According to the Department's own estimates, only 31 percent of communities are prepared to face a major disaster, only 12 percent of fire departments have equipment to respond to an attack with chemical or biological weapons, only 40 percent of first responders have enough radios to respond to a major disaster, only 6 percent of cargo containers are inspected, and little of the air cargo loaded onto passenger aircraft is searched for explosives.
Well documented core Federal missions are insufficiently funded. Demands placed on the men and women of the Coast Guard have increased dramatically since 9/11, yet it struggles to carry out its missions with the same number of service personnel it had in 1975. U.S. Customs and Border Protection [CBP] estimates it needs nearly 1,000 new officers to process passengers at our land border ports of entry, yet the budget request barely funds one-quarter of the additional requirement. Similarly, U.S. Immigration and Customs Enforcement, the Department's largest investigative agency, lacks nearly 50 percent of its mission support staff, resulting in the diversion of special agents from investigative to administrative and support tasks.
In July 2007 and again in February 2008, when the Director of National Intelligence released the latest official threat assessments, America was warned that the threat of potential attacks on our homeland is not diminishing. These assessments conclude that al Qaeda has regrouped in Pakistan and that terrorists continue to pose significant threats to the United States; that terrorists continue to focus on prominent infrastructure targets with the goal of producing mass casualties and significant economic damage. In addition, the Department continues to officially state that the aviation sector is at a high risk of attack. But the alarming information contained in these threat assessments was not enough motivation for the administration to increase the fiscal year 2009 budget request.
The President's border security budget proposal does not address the significant obstacles our Nation must overcome if we are to fully secure our borders. In particular, there are gaps in the President's request for removing violent illegal aliens from the country after completion of their prison terms, the congressional reform for CBP officer retirement benefits is proposed for repeal, and funding requested is insufficient to enforce our immigration laws.
The Committee is dismayed by the budget request for first-responder grants. The administration proposes a 48 percent cut in State and local first-responder grant funds. Hurricane Katrina proved that our communities are not prepared to respond to a catastrophic disaster. Dramatically cutting funds for our police, fire, and emergency medical personnel and for emergency planning is not a solution. Additionally, the Committee is disappointed to learn that funding Congress approved nearly a year ago for purchasing explosives detection systems for airline passenger baggage remains unspent, sitting in the Treasury.
The Department must have sufficient resources to be able to anticipate, deter, and respond to future threats, not just the threats of the past, and be able to partner with State and local governments and the private sector to address all-hazards, not just terrorism. While the administration attempts to fashion a budget based on artificial top lines, the Committee bill matches resources with documented threats and shared goals.
REFERENCES
This report refers to several public laws by short title as follows: Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53, is referenced as the 9/11 Act; Security and Accountability for Every Port Act of 2006, Public Law 109-347, is referenced as the SAFE Port Act; and Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458, is referenced as the Intelligence Reform Act.
Any reference in this report to the Secretary shall be interpreted to mean the Secretary of Homeland Security.
Any reference to the Department or DHS shall be interpreted to mean the Department of Homeland Security.
Any reference in this report to a departmental component shall be interpreted to mean directorates, components, agencies, offices, or other organizations in the Department.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
| Appropriations, 2008 | $97,353,000 |
| Budget estimate, 2009 | 127,229,000 |
| Committee recommendation | 123,299,000 |
The Office of the Secretary and Executive Management supports the Department by providing direction, management, and policy guidance to operating components within the organization. The specific activities funded by this account include: the Immediate Office of the Secretary; the Immediate Office of the Deputy Secretary; the Chief of Staff; the Office of Counternarcotics Enforcement; the Executive Secretary; the Office of Policy; the Office of Public Affairs; the Office of Legislative and Intergovernmental Affairs; the Office of General Counsel; the Office of Civil Rights and Civil Liberties; the Citizenship and Immigration Services Ombudsman; and the Privacy Officer.
COMMITTEE RECOMMENDATIONS
The Committee recommends $123,299,000 for the Office of the Secretary and Executive Management, $25,946,000 above the fiscal year 2008 level and $3,930,000 below the request level.
The specific levels recommended by the Committee as compared to the fiscal year 2008 and budget request levels are as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
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Fiscal year 2008 enacted˙ Fiscal year 2009 budget request Committeerecommendations
-------------------------------------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary 2,540 3,378 3,378
Immediate Office of the Deputy Secretary˙ 1,122 1,505 1,505
Chief of Staff 2,639 2,693 2,693
Office of Counternarcotics Enforcement 2,680 4,018 3,718
Executive Secretary 4,722 5,848 7,448
Office of Policy 33,000 43,693 42,763
Office of Public Affairs 6,650 8,291 5,991
Office of Legislative and Intergovernmental Affairs 4,900 5,697 4,997
Office of General Counsel 13,500 20,914 20,114
Office of Civil Rights and Civil Liberties 14,200 17,917 17,417
Citizenship and Immigration Services Ombudsman 5,900 6,471 6,471
Privacy Officer 5,500 6,804 6,804
Total, Office of the Secretary and Executive Management 97,353 127,229 123,299
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IMMEDIATE OFFICE OF THE SECRETARY
The Committee provides $3,378,000 for the Immediate Office of the Secretary, an increase of $838,000 from the fiscal year 2008 level and the same level as proposed in the budget.
IMMEDIATE OFFICE OF THE DEPUTY SECRETARY
The Committee provides $1,505,000 for the Immediate Office of the Deputy Secretary, an increase of $383,000 from the fiscal year 2008 level and the same level as proposed in the budget.
CHIEF OF STAFF
The Committee provides $2,693,000 for the Chief of Staff, an increase of $54,000 from the fiscal year 2008 level and the same level as proposed in the budget.
OFFICE OF COUNTERNARCOTICS ENFORCEMENT
The Committee recommends $3,718,000 for the Office of the Counternarcotics Enforcement, $1,038,000 above the fiscal year 2008 level and $300,000 below the request level due to a gap between funded full-time equivalent [FTE] and on-board personnel.
The Secretary is to submit a report to the Committee no later than 45 days after the date of enactment of this act, containing: (1) fiscal year 2008 counternarcotics enforcement achievements, including: (a) an analysis of efforts to track and sever connections between illegal drug trafficking and terrorism, (b) an update on the National Southwest Border Counternarcotics Strategy implementation with an overview of objectives and recommendations that have not been implemented to date, (c) a strategy to counter increased usage of submersibles and low flying aircraft to smuggle illegal drugs; and (2) Office performance goals for fiscal year 2009.
EXECUTIVE SECRETARY
The Committee provides $7,448,000 for the Office of the Executive Secretary, an increase of $2,726,000 above the fiscal year 2008 level and $1,600,000 above the level proposed in the budget. The recommended amount includes the transfer of the Secretary's briefing staff from `Analysis and Operations' (Office of Operations Coordination). A total of $2,300,000, 14 FTE and four contract employees are transferred for this activity. This transfer was requested by the Deputy Under Secretary for Management on March 17, 2008, to properly align program and personnel funding. The recommendation also includes a reduction of $700,000 due to a gap between funded FTE and on-board personnel.
OFFICE OF POLICY
The Committee provides $42,763,000 for the Office of Policy, an increase of $9,763,000 above the fiscal year 2008 level and $930,000 below the level proposed in the budget. The Committee fully funds requested base adjustments totaling $7,600,000 for increasing costs related to rent, pay, and the Working Capital Fund. In addition, the recommendation provides $3,093,000 and nine FTE for programmatic increases related to screening coordination, international affairs, strategic planning, policy development, and the Quadrennial Homeland Security Review [QHSR]. The Committee is concerned that almost the entire request of $1,500,000 for the QHSR is for contractor support even though many of the functions intended for contractors are inherently governmental. Contracting out the job of long-term planning and goal setting undermines the mission and purpose of this Department. Requiring agencies to work together to develop long-term goals was one of the intended benefits of the creation of the Department. Therefore, funds for contractor support shall only be used for administrative and clerical tasks in support of the QHSR.
The recommended amount also reflects the transfer of the Counterterrorism Planning Division to `Analysis and Operations' (Office of Operations Coordination). A total of $730,000 and three FTE are transferred for this activity. This transfer was requested by the Deputy Under Secretary for Management on March 17, 2008, to properly align program and personnel funding.
The Committee bill increases the amount made available for the Secretary's reception and representation expenses by $20,000. This increase is solely to enable the Office of Policy to host Visa Waiver Program negotiations in Washington, DC, which will save significant travel costs. Therefore, the recommendation includes a reduction of $200,000 to the travel budget.
The Committee directs the Office of Policy to submit an expenditure plan no later than 60 days after the date of enactment of this act. The plan shall include funding for activities of the Office such as the QHSR, the Committee on Foreign Investment in the United States, and REAL ID.
OFFICE OF PUBLIC AFFAIRS
The Committee provides $5,991,000 for the Office of Public Affairs, a decrease of $659,000 below the fiscal year 2008 level and $2,300,000 below the level proposed in the budget. The recommendation includes a decrease of $300,000 below the request due to a gap between funded FTE and on-board personnel and $2,000,000 below the request for the `Ready.gov' program. The Committee transfers this program to the Federal Emergency Management Agency [FEMA], which is better positioned to educate the public to prepare for and respond to potential emergencies.
OFFICE OF LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS
The Committee provides $4,997,000 for the Office of Legislative and Intergovernmental Affairs, an increase of $97,000 above the fiscal year 2008 level and a decrease of $700,000 below the level proposed in the budget due to a gap between funded FTE and on-board personnel.
OFFICE OF GENERAL COUNSEL
The Committee recommends $20,114,000 for the Office of General Counsel, $6,614,000 above the fiscal year 2008 level and $800,000 below the level proposed in the budget. The Committee fully funds requested base adjustments totaling $4,939,000 for increasing costs related to rent, pay, and the Working Capital Fund. The recommendation includes $1,675,000 for additional personnel to meet the Department's growing need for legal counsel across its many missions. This level is $800,000 below the request due to a gap between funded FTE and on-board personnel. The Committee encourages the Office of General Counsel to use section 505 authority, which provides that up to 50 percent of unobligated balances remaining at the end of fiscal year 2008 from appropriations made for salaries and expenses shall remain available through fiscal year 2009 subject to reprogramming guidelines.
OFFICE OF CIVIL RIGHTS AND CIVIL LIBERTIES
The Committee provides $17,417,000 for the Office of Civil Rights and Civil Liberties, an increase of $3,217,000 above the fiscal year 2008 level and $500,000 below the level proposed in the budget. The Committee fully funds requested base adjustments totaling $3,009,000 for increasing costs related to rent, pay, and the Working Capital Fund. The recommendation includes $208,000 for additional personnel to meet increasing demands. This level is $500,000 below the request due to a large gap between funded FTE and on-board personnel. The Committee encourages the Office of Civil Rights and Civil Liberties to use section 505 authority, which provides that up to 50 percent of unobligated balances remaining at the end of fiscal year 2008 from appropriations made for salaries and expenses shall remain available through fiscal year 2009 subject to reprogramming guidelines.
CITIZENSHIP AND IMMIGRATION SERVICES OMBUDSMAN
The Committee provides $6,471,000 for the Citizenship and Immigration Services Ombudsman, an increase of $571,000 above the fiscal year 2008 level and the same level as proposed in the budget.
PRIVACY OFFICER
The Committee provides $6,804,000 for the Privacy Officer, an increase of $1,304,000 above the fiscal year 2008 level and the same level as proposed in the budget. The Privacy Officer shall brief the Committee within 60 days after the date of enactment of this act regarding the new authorities permitted by section 802 of the 9/11 Act and comment on the extent these authorities were exercised in fiscal year 2008. The briefing should also include an update on outstanding recommendations contained in the most recent annual privacy report submitted to Congress pursuant to section 222 of Public Law 107-296.
REORGANIZATION AUTHORITY
The Committee includes a general provision that precludes the Department from using funds in this act to carry out section 872 of Public Law 107-296 during fiscal year 2009. Section 872 provides the Secretary with extraordinary authority to reorganize functions and organizational units of the Department without congressional approval. Since the creation of the Department in March 2003, the Secretary exercised section 872 nine times. The Committee believes continuous reorganizations impede the ability of the Department to operate effectively and contributes to low morale.
QUARTERLY DETAILEE REPORT
The Committee requires the Department to continue the quarterly detailee report. These reports shall be drafted in accordance with the revised guidance set forth in Senate Report 110-84.
DISTRIBUTION OF GRANT AWARDS
Americans are not made safer when appropriated funds sit in the Treasury. Therefore, as in previous fiscal years, the Committee again includes statutory timeframes by which appropriated grant funding must be made available and distributed to State and local partners. While departmental compliance with the timeframes has varied from year to year, fiscal year 2008 awards were delivered within the statutory timeframe. It is imperative that FEMA and the Department take State and local partners seriously by ensuring needed resources are provided expeditiously to address known risks. The Committee expects FEMA and the Department will comply with the law to ensure grant funds are distributed in a timely manner.
WORKING WITH HOMELAND SECURITY PARTNERS
The Secretary of Homeland Security and the Administrator of FEMA each have responsibilities in the `State and Local Programs' grant process. Distributing these needed resources to State and local partners should be a positive and cooperative effort. When it is not, resources are wasted and progress in security is hampered. Yet, each year the grant award distribution process has drawn the ire of awardees who assert the Department has not listened to their needs nor been transparent in its decisionmaking. Therefore, the Committee includes a provision in the bill which withholds $10,000,000 from the Office of the Secretary and Executive Management until the Secretary, in coordination with the Administrator of FEMA, certifies and reports to the Committees on Appropriations that the processes to incorporate stakeholder input for grant guidance development and award distribution have been: (1) developed to ensure transparency and increased information gathering about security needs for all-hazards; (2) formalized and made clear to stakeholders; and (3) formalized to ensure future use for each fiscal year. A provision in the bill withholding $10,000,000 has also been included for FEMA `Management and Administration' and further direction regarding this process is included in title III of this report.
RESOURCES DEVOTED TO NON-HOMELAND SECURITY MISSIONS AT THE DEPARTMENT
The Committee discontinues the reporting requirement mandated in Senate Report 108-86 on resources devoted to non-homeland security missions. This information is detailed in the annual congressional justification accompanying the President's budget.
SMALL VESSEL SECURITY STRATEGY
The Department's recently released strategy to enhance small vessel security refers to an `implementation plan to provide detailed direction to DHS agencies on how to achieve the major goals outlined in this strategy.' The appropriate Departmental officials shall brief the Committee no later than March 3, 2009, on specific actions taken or planned (including resources) to carry out the objectives of the plan. The briefing shall also address progress made and resources necessary to develop reliable technology to detect and prevent small vessels from carrying out a terrorist attack.
ENERGY FUNDING SHORTFALL
The Committee notes that due to rising fuel prices many departmental components are absorbing significant costs, impacting border and maritime security and other law enforcement activities. The appropriate departmental officials shall brief the Committee by July 25, 2008, on plans to address these shortfalls.
PRESIDENTIAL TRANSITION
The fiscal year 2007 Supplemental Appropriations Act (Public Law 110-28) included funds for DHS to award a grant or contract to the National Academy of Public Administration [NAPA] to study DHS' senior staffing levels and structure to determine if the Department and its components will be able to function effectively when the change in administration occurs in 2009. The report was released to the public in June 2008. With regard to the Department's executive staff, NAPA recommends that DHS: ensure that Senior Executive Service [SES] allocations consider the need for executives in the field; fill vacant SES positions quickly; fill all deputy positions, various FEMA positions, and other key positions with career executives; and work with Congress to consider converting certain `Presidential appointment with Senate confirmation' positions to statutory term appointments. NAPA makes several other recommendations for the Department related to the upcoming transition. The Committee supports these recommendations and expects the Secretary to comply with them.
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
| Appropriations, 2008 1 | $150,238,000 |
| Budget estimate, 2009 | 320,093,000 |
| Committee recommendation | 310,803,000 |
| 1 Excludes a rescission of $5,000,000 pursuant to Public Law 110-161. |
The Under Secretary for Management oversees management and operations of the Department, including procurement and acquisition, human capital, and property management. The specific activities funded by this account include the Immediate Office of the Under Secretary for Management, the Office of Security, the Office of the Chief Procurement Officer, the Office of the Chief Human Capital Officer, and the Office of the Chief Administrative Officer.
COMMITTEE RECOMMENDATIONS
The Committee recommends $310,803,000 for the Office of the Under Secretary for Management.
The specific levels recommended by the Committee, as compared to the fiscal year 2008 and budget request levels, are as follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
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Fiscal year 2008 enacted 1 Fiscal year 2009 budget request Committeerecommendations
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Immediate Office of the Under Secretary for Management 2,012 2,654 2,654
Office of Security 53,490 60,882 60,882
Office of the Chief Procurement Officer 28,495 42,003 39,003
Office of the Chief Human Capital Officer:
Salaries and Expenses 8,811 31,827 30,537
Human Resources 10,000 15,000 10,000
Office of the Chief Administrative Officer:
Salaries and Expenses 41,430 41,727 41,727
Nebraska Avenue Complex [NAC] 6,000 6,000 6,000
St. Elizabeths Project 120,000 120,000
Total, Office of the Under Secretary for Management 150,238 320,093 310,803
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IMMEDIATE OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
The Committee provides $2,654,000 for the Immediate Office of the Under Secretary, $642,000 above the fiscal year 2008 level and the same level as proposed in the budget.
OFFICE OF SECURITY
The Committee provides $60,882,000 for the Office of Security, an increase of $7,392,000 above the fiscal year 2008 level and the same level as proposed in the budget.
OFFICE OF THE CHIEF PROCUREMENT OFFICER
The Committee recommends $39,003,000 for the Office of the Chief Procurement Officer [OCPO], $10,508,000 above the fiscal year 2008 level and $3,000,000 below the request level. The Committee provided significant resources to hire an additional 66 procurement personnel in fiscal year 2008. As of March 31, 2008, the OCPO was 36 percent below its authorized on-board levels. Funding has been provided below the request due to a large gap between funded full-time equivalents [FTEs] and on-board personnel. The Committee encourages the OCPO to use section 505 authority of this act, which provides that up to 50 percent of unobligated balances remaining at the end of fiscal year 2008 from appropriations made for salaries and expenses shall remain available through fiscal year 2009 subject to reprogramming guidelines.
RELIANCE ON CONTRACTORS
The Committee continues to be concerned with the Department's reliance on contractors to perform functions more appropriate for in-house Federal employees or to perform functions closely supporting inherently governmental functions. Without stronger oversight, the risk of Government decisions being influenced by, rather than independent from, contractor judgments increases. When the Department was first established in 2003, relying on contractors to assist in the merger of multiple Government functions was expected. However, the Government Accountability Office [GAO] reported in 2007 (GAO-07-990), that the Department continues to rely heavily on contractors to fulfill its mission needs with little emphasis on assessing the risk and ensuring management control and accountability. Data provided by the Department suggests this pattern continues. For departmental operations alone, the number of contractors exceeds the number of Federal employees (approximately 1,400 to 1,340). The Department has provided assurances that an optimum balance between requirements being performed by Federal employees and contractors will be reached. Yet, out of the 1,400 contractors in departmental management offices, none will be converted to FTEs in fiscal year 2008 and only 35 conversions are planned in fiscal year 2009.
The Department's reliance on contractors has also created a void of in-house programmatic experts and institutional knowledge that is critical to meet current and future challenges. The cost of a large contractor workforce also places a significant fiscal burden on departmental operations. In the Office of Intelligence, for example, a contractor costs 60 percent more than a Federal employee. Given its use of contractors to provide selected services, it is critical for DHS to strategically address workforce deployment and determine the appropriate role of contractors in meeting its mission. In reviewing four types of professional and management support services provided by contractors at DHS, GAO concluded that until the Department develops the staff and expertise needed to oversee selected services, it will continue to risk transferring Government responsibility to contractors. Now, in its sixth year of existence, the Department should aggressively: (1) establish strategic level guidance for determining the appropriate mix of Government and contractor employees to meet mission needs; (2) assess the risk of selected contractor services, and modify existing acquisition guidance and training to address when to use and how to oversee those services; (3) assess program office staff and expertise necessary to provide sufficient oversight of selected contractor services; and (4) establish an aggressive plan to convert contract functions to in-house functions where appropriate. The Department should also consider projected savings or costs of replacing contractor positions with full-time Government employees. The Under Secretary is to brief the Committee no later than March 30, 2009, on efforts to meet these objectives, including conversions achieved and projected by fiscal year.
OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER
The Committee recommends $40,537,000 and 79 FTE for the Office of the Chief Human Capital Officer [OCHCO], $21,726,000 above the fiscal year 2008 level and $6,290,000 below the request level. The recommendation includes a total of $18,806,000 to maintain current services, including the transfer of $17,131,000 from the Office of the Chief Information Officer for the Human Resources Information Technology program. The recommendation fully funds the request for an additional $5,500,000 and three FTE to implement the Department's learning and development strategy. The recommendation maintains a total of $10,000,000 to address the poor results in the 2006 Federal Human Capital Survey and the 2007 internal DHS employee survey, $5,000,000 below the request. These funds shall be spent on programs that directly address the shortcomings identified in these surveys or in subsequent surveys in which DHS employees participate. Such programs may include gap analysis of mission critical occupations, hiring and retention strategies, robust diversity programs, and Department-wide learning and development programs. The recommendation denies $1,290,000 and seven FTE for Federal law enforcement training accreditation within the OCHCO. Funding to support the accreditation process remains within the Federal Law Enforcement Training Center [FLETC] appropriation.
A general provision is included prohibiting funds for the development, testing, deployment, or operation of any portion of a human resources management system authorized by 5 U.S.C. 9701(a), or by regulations prescribed pursuant to such section, for an `employee' as defined in 5 U.S.C. 7103(a)(2).
OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER
The Committee provides $167,727,000, an increase of $120,297,000 above the fiscal year 2008 level, and the same as the budget request. Funding above the fiscal year 2008 level is provided to: (1) meet administrative needs at DHS headquarters and non-legacy components; (2) to continue to consolidate and integrate its headquarters operations and specific program components at the Nebraska Avenue Complex in Washington, DC; and (3) begin consolidating DHS components at the St. Elizabeths campus.
DHS CONSOLIDATED HEADQUARTERS PROJECT
The Committee recommends $120,000,000 for the DHS Consolidated Headquarters Project at the St. Elizabeths campus, as requested in the budget. The Committee supports the Department's efforts to consolidate DHS headquarters facilities, which are currently located in approximately 40 locations and 70 buildings throughout the National Capital Region. The Committee directs the Department to provide periodic briefings on the consolidation project. The National Capital Planning Commission, which holds approval authority over the consolidation project, has raised concerns over the size of the project (4,500,000 square feet) and its impact on the sites' historic significance. Further, concerns have been raised by the Environmental Protection Agency related to the Environmental Impact Statement for the project. The briefings shall address how these concerns are being resolved as well as any other adjustments being made to the schedule and cost of the project.
NEBRASKA AVENUE COMPLEX
The Department is no longer required to submit semiannual reports detailing costs incurred in maintaining and improving the condition of these facilities. The content of these reporting requirements, which were modified by language contained in Senate Report 110-84, shall be delivered to the Committee in a briefing no later than 60 days after the date of enactment of this act. This briefing should also include an overview of the anticipated spend plan activity for the funds appropriated for this purpose.
OFFICE OF THE CHIEF FINANCIAL OFFICER
| Appropriations, 2008˙ | $31,300,000 |
| Budget estimate, 2009 | 56,235,000 |
| Committee recommendation | 56,235,000 |
The Office of the Chief Financial Officer is responsible for the fiscal management and financial accountability of the Department of Homeland Security. The Office of the Chief Financial Officer provides guidance and oversight of the Department's budget execution while ensuring that funds are allocated and expended in accordance with relevant laws and policies. The specific activities funded by this account include the Budget Division, Office of Performance Analysis and Evaluation, Office of Financial Management, Resource Management Transition Office, and the Office of the Government Accountability Office/Office of Inspector General Liaison.
COMMITTEE RECOMMENDATIONS
The Committee recommends $56,235,000 for the Office of the Chief Financial Officer [OCFO], an increase of $24,935,000 from the fiscal year 2008 level and the same level as proposed in the budget request. The recommendation includes funding for pay and non-pay inflation, adjustments to base, as well as program increases for Transformation and Systems Consolidation [TASC], fiscal oversight of DHS grant awards, and analysis and support for the Quadrennial Homeland Security Review.
TRANSFORMATION AND SYSTEMS CONSOLIDATION
The Committee recommendation includes $19,200,000 for the OCFO to migrate DHS component financial systems to a shared software baseline known as TASC. While the full request is provided, the Committee notes that a recent court decision has placed migration timing in doubt. The United States Court of Federal Claims prevented DHS from pursuing TASC `until DHS conducts a competitive procurement in accordance with the law to select financial management systems application software.' The OCFO still estimates that funding for fiscal year 2009 is necessary for component migrations, however dependable timelines will not be known until the competitive award is made. Therefore, the Committee will continue to monitor the need for TASC resources for fiscal year 2009. The OCFO is to brief the Committee no later than September 15, 2008, on its progress to establish a more reliable acquisition timeline. The Committee expects the OCFO to comply with the recommendations made by the DHS Inspector General in report OIG-08-47, which are intended to improve DHS' strategy to consolidate the Department's financial systems.
ANNUAL APPROPRIATIONS JUSTIFICATIONS
The Committee directs the OCFO to ensure annual appropriations justifications are prepared for each component within the Department in support of the President's budget, as submitted under section 1105(a) of title 31, United States Code. The OCFO is directed to include detailed information by appropriations account, program, project, and activity, on all reimbursable agreements, and significant uses of the Economy Act for each fiscal year. Additionally, the OCFO shall ensure that the congressional justifications for the Department accompanying the President's fiscal year 2010 budget request include a status report of overdue Committee reports, plans, and other directives. One standard format needs to be adopted by all offices and agencies and inserted in the justifications reflecting the status of congressional directives for each of fiscal years 2007 through 2009.
BUDGET EXECUTION AND STAFFING REPORT
The Committee includes bill language requiring the Department to continue submitting to the House and Senate Committees on Appropriations a monthly budget execution report showing the status of obligations and costs for all components of the Department and on-board staffing levels (Federal employees and contractors). The report shall include the total obligational authority appropriated (new budget authority plus unobligated carryover), undistributed obligational authority, amount allotted, current year obligations, unobligated authority (the difference between total obligational authority and current year obligations), beginning unexpended obligations, year-to-date costs, and ending unexpended obligations. This budget execution information is to be provided at the level of detail shown in the tables displayed at the end of this report for each departmental component and the Working Capital Fund. This report shall be submitted no later than 45 days after the close of each month.
MODIFICATION TO REPROGRAMMING GUIDELINES
Section 503(d) includes language making clear that reprogramming requests need only be submitted to the Committee prior to June 30 and not necessarily acted on by the Committee prior to June 30.
OFFICE OF THE CHIEF INFORMATION OFFICER
| Appropriations, 2008 | $295,200,000 |
| Budget estimate, 2009 | 247,369,000 |
| Committee recommendation | 274,669,000 |
The Office of the Chief Information Officer is responsible for the development and acquisition of information technology equipment, software, and services.
COMMITTEE RECOMMENDATIONS
The Committee recommends $274,669,000, of which $86,928,000 is for salaries and expenses, and $187,741,000 is to be available until expended for Department-wide technology investments overseen by the Office of the Chief Information Officer [CIO].
The specific levels recommended by the Committee, as compared to the fiscal year 2008 and budget request levels, are as follows:
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]
---------------------------------------------------------------------------------------------------------------------------------
Fiscal year 2008 enacted Fiscal year 2009 budget request Committeerecommendations
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Salaries and Expenses 81,000 86,928 86,928
Information Technology Services 56,200 42,445 47,445
Security Activities 124,900 70,323 92,623
Homeland Secure Data Network 33,100 47,673 47,673
Total, Office of the Chief Information Officer 295,200 247,369 274,669
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SALARIES AND EXPENSES
Included in the amount recommended by the Committee is $86,928,000 as requested in the budget, to support the ongoing maintenance and operations of infrastructure capabilities to ensure continuous communication and continuity of operations.
INFORMATION TECHNOLOGY SERVICES
The Committee recommends $47,445,000 for Information Technology Services, an increase of $5,000,000 above the request. The Committee continues to believe DHS should coordinate links between its component agencies and make information technology investments that align with the Department's Enterprise Architecture. Pursuant to prior Committee direction and DHS Management Directive 0007.1, of the amount provided, $2,000,000 is for more efficient and robust administration of this activity.
Within the National Protection and Programs Directorate account, the administration is requesting funds for a new information sharing initiative, the National Command and Coordination Capability [NCCC]. However, the administration has not been able to provide strategic planning documents to support NCCC, has not shown how or if end users have been consulted in establishing NCCC's program requirements, nor defined its full operational capability. The Committee recommends $3,000,000 for CIO enterprise architecture oversight and development assistance for this effort.
The Committee includes the transfer of the Human Resources Information Technology Program to the Office of the Chief Human Capital Officer, as requested in the budget.
FEDERAL INFORMATION SECURITY AND MANAGEMENT ACT
The Committee congratulates the Chief Information Officer for leading the Department to a grade of `B' on the House Committee on Oversight and Government Reform computer security scorecard, up from a `D' in fiscal year 2006 and an `F' in the prior 3 years. This enhanced compliance with the Federal Information Security Management Act [FISMA] may be a marker of enhanced computer security at the Department, but as most computer security managers suggest, more than FISMA compliance is needed to help assure information security. The Committee directs the Department to report by April 1, 2009, on the specific status of the Department as a whole and each component individually on compliance with FISMA, resource requirements needed to achieve full compliance, and any further steps necessary to protect the information it manages.
SECURITY ACTIVITIES
The Committee recommends $92,623,000 for Security Activities, an increase of $22,300,000 above the budget request. Security Activities include Federal terrorist watch list integration, information security activities, and data center development.
NATIONAL CENTER FOR CRITICAL INFORMATION PROCESSING AND STORAGE
The Committee recommends $46,130,000 within Security Activities for data center development. This includes the budget request level (which includes operation and maintenance costs for the National Center for Critical Information Processing and Storage [NCCIPS] and the second data center) and an additional $22,300,000 solely to be used to support transition of Department systems to NCCIPS, to support the dual cost of operation and maintenance during the transition, and to develop a sharable common operating environment. NCCIPS is a federally owned and managed facility established to reduce Federal data center costs and to protect critical Federal information.
The Committee also includes language in the bill withholding the availability of $200,000,000 for obligation until the Department of Homeland Security submits to the Committee the report on data center transition required by Senate Report 110-84, which is to include: (1) the schedule for data transition by Department component; (2) costs required to complete the transition by fiscal year; (3) identification of items associated with the transition required to be procured and the related procurement schedule; and (4) the identification of any transition costs provided in fiscal years 2007 and 2008. The report submitted should separate these requirements and costs by data center and include fiscal year 2009 data.
Consistent with section 888 of Public Law 107-296, the Committee instructs the Department to implement the consolidation plan in a manner that shall not result in a reduction to the Coast Guard's Operations Systems Center mission or its Government-employed or contract staff levels. A general provision is included for this purpose.
HOMELAND SECURE DATA NETWORK
Included in the amount recommended by the Committee is $47,673,000, as requested in the budget, for the Homeland Secure Data Network.
ANALYSIS AND OPERATIONS
| Appropriations, 2008 1 | $306,000,000 |
| Budget estimate, 2009 | 333,262,000 |
| Committee recommendation 2 | 320,200,000 |
| 1 Excludes a rescission of $8,700,000 pursuant to Public Law 110-161. | |
| 2 Excludes a rescission of $2,500,000. |
The account supports activities to improve the analysis and sharing of threat information, including activities of the Office of Intelligence and Analysis and the Office of Operations Coordination.
COMMITTEE RECOMMENDATIONS
The Committee recommends $320,200,000 for Analysis and Operations. This is an increase of $14,200,000 from the fiscal year 2008 level and a decrease of $13,062,000 from the budget request. The details of these recommendations are included in a classified annex accompanying this report.
DHS INTELLIGENCE EXPENDITURE PLAN
No later than 60 days after the date of enactment of this act, the Secretary shall submit a fiscal year 2009 expenditure plan for the Office of Intelligence and Analysis [I&A], including balances carried forward from prior years, that includes the following: (1) fiscal year 2009 expenditures and staffing allotted for each program, as identified in the March 2008 expenditure plan submitted to the Committee, as compared to each of years 2007 and 2008; (2) all funded versus on-board positions, including Federal full-time equivalents [FTE], contractors, and reimbursable and non-reimbursable detailees; (3) an explanation for maintaining contract staff in lieu of Government FTE; (4) a plan, including dates or timeframes for achieving key milestones, to reduce the office's reliance on contract staff in lieu of Federal FTE; (5) funding, by object classification, including a comparison to fiscal years 2007 and 2008; and (6) the number of I&A funded employees supporting organizations outside I&A and within DHS.
STATE AND LOCAL FUSION CENTERS
The Committee directs the Department's Chief Intelligence Officer to continue quarterly updates to the Committees on Appropriations that detail progress in placing DHS intelligence professionals in State and local fusion centers. These reports shall include: the qualification criteria used by DHS to decide where and how to place DHS intelligence analysts and related technology; total Federal expenditures to support each center to date and during the most recent quarter of the current fiscal year, in the same categorization as materials submitted to the Committees on Appropriations on March 23, 2007; the location of each fusion center, including identification of those with DHS personnel, both operational and planned; the schedule for operational stand-up of planned fusion centers and their locations; the number of DHS-funded employees located at each fusion center, including details on whether the employees are contract or government staff; the privacy protection policies of each center, including the number of facility personnel trained in Federal privacy, civil rights, and civil liberties laws and standards; and the number of local law enforcement agents at each center approved or pending approval to receive and review classified intelligence information.
OFFICE OF THE FEDERAL COORDINATOR FOR GULF COAST REBUILDING
| Appropriations, 2008 | $2,700,000 |
| Budget estimate, 2009 | 291,000 |
| Committee Recommendation | 2,700,000 |
The Office of the Federal Coordinator for Gulf Coast Rebuilding was established to further strengthen Federal support for the recovery and rebuilding of the Gulf Coast region affected by Hurricane Katrina and Hurricane Rita.
COMMITTEE RECOMMENDATIONS
The Committee provides $2,700,000 for the Office of the Federal Coordinator for Gulf Coast Rebuilding. The Office is directed to provide a fiscal year 2009 expenditure plan no later than April 1, 2009. The expenditure plan should clearly articulate how the Office will proactively help the gulf coast, including supporting Federal agency cooperation, and promoting expedited housing solutions.
OFFICE OF INSPECTOR GENERAL
| Appropriations, 2008 1 | $92,711,000 |
| Budget estimate, 2009 | 101,013,000 |
| Committee recommendation 2 | 96,013,000 |
| 1 Excludes $16,000,000 made available from FEMA Disaster Relief in Public Law 110-161. | |
| 2 Excludes $16,000,000 made available from FEMA Disaster Relief. |
This account finances the Office of Inspector General's activities, including audits, inspections, investigations and other reviews of programs and operations of the Department of Homeland Security to promote economy, efficiency, and effectiveness and to prevent and detect fraud, waste, and abuse.
COMMITTEE RECOMMENDATIONS
The Committee recommends $96,013,000 for the Office of Inspector General [OIG] for fiscal year 2009. In addition, the Committee includes bill language transferring $16,000,000 needed by the OIG for audits and investigations related to natural disasters from the Disaster Relief Fund [DRF]. The OIG is required to notify the Committee no less than 15 days prior to all transfers from the DRF.
The Committee is pleased that the Secretary, pursuant to Public Law 110-161, established a direct link to the DHS OIG on the DHS website. The Committee directs the Secretary to update and maintain the website.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS AND BORDER PROTECTION
SUMMARY
U.S. Customs and Border Protection is responsible for enforcing laws regarding admission of foreign-born persons into the United States, and ensuring that all goods and persons entering and exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $11,201,994,000, including direct appropriations of $9,753,849,000 and estimated fee collections of $1,448,145,000.
The following table summarizes the Committee's recommendations as compared to the fiscal year 2008 and budget request levels:
U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
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Fiscal year 2008 enacted 1 Fiscal year 2009 budget request Committeerecommendations
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Appropriations:
Salaries and Expenses 2 6,802,560 7,309,354 3 7,536,314
Automation Modernization 476,609 511,334 511,334
Broder Security Fencing Infrastructure, and Technology [BSFIT] 4 1,225,000 775,000 775,000
Air and Marine Interdiction, Operations, Maintenance, and Procurement 5 570,047 528,000 528,000
Construction 6 348,363 363,501 403,201
Total, Appropriations 9,422,579 9,487,189 9,753,849
Estimated fee collections:
Immigration inspection user fees 535,291 570,059 570,059
Immigration enforcement fines 3,440 3,331 3,331
Land border inspection fees 30,121 26,880 26,880
COBRA fees 392,180 410,666 410,666
APHIS inspection fees 299,622 333,433 333,433
Puerto Rico Trust Fund 117,214 96,719 96,719
Small airport user fee 7,057 7,057 7,057
Total, Estimated fee collections 1,384,925 1,448,145 1,448,145
Total, U.S. Customs and Border Protection, Available Funding 10,807,504 10,935,334 11,201,994
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SALARIES AND EXPENSES
| Appropriations, 2008 1 | $6,802,560,000 |
| Budget estimate, 2009 | 7,309,354,000 |
| Committee recommendation 2 | 7,536,314,000 |
| 1 Includes $323,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110-161). | |
| 2 Excludes a rescission of $13,000,000. |
The U.S. Customs and Border Protection [CBP] Salaries and Expenses appropriation provides funds for border security, immigration, customs, agricultural inspections, regulating and facilitating international trade, collecting import duties, and enforcing U.S. trade laws. In addition to directly appropriated resources, fee collections are available for the operations of CBP from the following sources:
Immigration Inspection User Fees- CBP collects user fees to fund the costs of international inspections activities at airports and seaports, as authorized by the Immigration and Nationality Act (8 U.S.C. 1356).
Enforcement Fines- CBP collects fines from owners of transportation lines and persons for unauthorized landing of aliens, as authorized by the Immigration and Nationality Act (8 U.S.C. 1356).
Land Border Inspections Fees- CBP collects fees for processing applications for the Dedicated Commuter Lanes program, the Automated Permit Ports program, the Canadian Border Boat Landing program, and both Canadian and Mexican Non-Resident Alien Border Crossing Cards, as authorized by the Immigration and Nationality Act (8 U.S.C. 1356).
Consolidated Omnibus Budget Reconciliation Act [COBRA] Fees- CBP collects fees for inspection services involving customs related functions. The COBRA user fee statutory authority (19 U.S.C. 58c) specifies the types of expenses to be reimbursed and the order for the reimbursement of these types of expenses.
Animal and Plant Health Inspection Service Inspection Fees- CBP receives as a transfer a distribution of agriculture inspection fees collected by the United States Department of Agriculture. The user fees, as authorized by the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136), are charged to offset costs for the services related to the importation, entry, or exportation of animals and animal products.
Puerto Rico Trust Fund- Customs duties, taxes, and fees collected in Puerto Rico by CBP are deposited in the Puerto Rico Trust Fund. After providing for the expenses of administering CBP activities in Puerto Rico, the remaining amounts are transferred to the Treasurer of Puerto Rico pursuant to 48 U.S.C. sections 740 and 795.
Small Airport User Fee- The User Fee Airports Program authorized under 19 U.S.C. 58b and administered under 19 U.S.C. 58c(b)(9)(A)(i), authorizes inspection services to be provided to participating small airports on a fully reimbursable basis. The fees charged under this program are set forth in a Memorandum of Agreement between the small airport facility and the agency, and may be adjusted annually as costs and requirements change.
COMMITTEE RECOMMENDATIONS
The Committee recommends $7,536,314,000 for salaries and expenses of U.S. Customs and Border Protection [CBP] for fiscal year 2009, including $3,154,000 from the Harbor Maintenance Trust Fund. Included in this amount is a decrease of $475,115,000 in termination of one-time costs and management efficiencies, and an increase of $251,977,000 in annualizations for the fiscal year 2007 supplemental and fiscal year 2008 pay raise, the fiscal year 2009 pay raise, and non-pay inflation program increases. The Committee includes bill language making available up to $150,000 for payment for rental space for preclearance operations; and $1,000,000 for payments to informants. The Committee also includes bill language placing a $35,000 annual limit on overtime paid to any employee and a rescission of $13,000,000 from unobligated balances under this heading in Public Law 110-161.
INCREASED BORDER PATROL AGENTS
Since Congress began increasing the size of the Border Patrol by funding the hiring of 500 new agents in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13), a total of 7,000 new Border Patrol agents, and attendant support positions, will have been funded and hired through the end of fiscal year 2008. The President's budget requests funds to hire and train an additional 2,200 agents in fiscal year 2009. The Congress strongly supports the Border Patrol mission of securing our borders and fully funds the request.
Included in the amount recommended by the Committee for `Border Security and Control' is a total of $3,440,505,000, 22,787 positions, and 21,466 full-time equivalents [FTE], as requested in the budget. This is an increase of $442,432,000, 2,643 positions, and 1,321 FTE, and supports 2,200 new Border Patrol agents and 441 operational/mission support personnel. These additional funds will bring the total strength of the Border Patrol to 20,019 agents by the end of fiscal year 2009, as compared with the 12,319 agents on board at the beginning of fiscal year 2007.
Also included in the amount recommended by the Committee is $83,000,000, 10 positions, and nine FTE, as requested in the budget, for transportation and delivery of apprehended illegal aliens to detention facilities on the Mexican border.
BORDER PATROL AGENTS ON THE NORTHERN BORDER
The Secretary of Homeland Security, Michael Chertoff, was widely quoted in early February, 2008, saying that one of his deepest fears is terrorists entering the United States from Canada. `It's been much more than a dozen' people linked to al Qaeda, Hezbollah, and other extremists who have tried to enter the United States through the Northern border. `I think we've been more concerned about Canada as a platform than Mexico.'
This is one of the many reasons why the Congress has required expansion of the Border Patrol's presence on the Northern border. The Intelligence Reform Act authorized an increase of Border Patrol agents on the Northern border by 20 percent of the net increase of agents in fiscal year 2008. Unfortunately, the Border Patrol is not going to meet that target this year. But, the Committee notes that the Chief of the Border Patrol, working with the Northern Border Sector Chiefs, has developed a Northern border staffing plan. The Border Patrol has an approved staffing model for the Northern border which will increase the number of Border Patrol agents to 2,212 by the end of 2009. This represents a 700 percent increase in manpower from pre-2001 staffing levels and is incremental in nature which is ideal for continuity of operations. In order to meet this goal, the Border Patrol is proposing to transfer `up to' 440 veteran agents from other parts of the country to the Northern border.
The Committee is aware of the difficulty the Border Patrol is experiencing in recruiting agents to transfer to the Northern border. Agents have experienced difficulties selling houses on the Southern border and, in certain more remote Northern locations, there is a lack of infrastructure to support agents with young families. The Committee directs CBP and the Office of the Border Patrol to develop a strategy to address these obstacles and brief the Committee on its findings and requirements no later than 60 days after the date of enactment of this act.
END OF OPERATION JUMP START
Two years ago, in an effort to start securing our border while thousands of new Border Patrol agents were being hired and trained, the President announced Operation Jump Start and committed the deployment of 6,000 National Guard personnel to the Southwest border. These men and women were intended to support existing Border Patrol agents by performing a variety of non-law enforcement and support tasks, thus freeing up the agents to actually patrol the border. This mission will end on July 15, 2008. Unfortunately, while new agents have been hired and trained in the interim, the necessary mission support personnel, which have been fully funded by the Congress, have not been hired. Once again, CBP has missed an opportunity to remedy a long-standing problem.
As National Guard troops depart, Border Patrol agents again will be required to undertake support functions such as repairing physical infrastructure, manning cameras and ground sensors, and other tasks. In response to questions for the record from the March 4, 2008, hearing with Secretary Chertoff, he noted his dissatisfaction with the pace of support hiring to date and testified that plans were in place to hire `new support personnel.' In the strongest terms possible, the Committee directs CBP to hire the previously funded mission support personnel so that the Border Patrol agents can return to their proper role of securing the border.
CONDUCT AND INTEGRITY OVERSIGHT
Over the last 3 years, CBP has hired over 10,400 new personnel, a 25 percent increase since fiscal year 2006. In order to support long-term border security efforts and avoid fraud, the Committee believes it is important to keep in front of any possible increase in workforce fraud by hiring additional agents who will investigate cases of fraud and other illegal activities. The Committee recommends a total of $16,400,000, 90 positions, and 75 FTE, an increase of $5,300,000, 29 positions, and 15 FTE above the fiscal year 2008 level, and $500,000, 3 positions, and 2 FTE above the request, to conduct these integrity investigations.
PASSENGER SCREENING AT LAND PORTS OF ENTRY
The explosive growth of legitimate passenger travel across our land borders continues to place significant stress on the men and women who conduct these inspections. Based on internal CBP workforce staffing models, which use criteria such as passenger volume, processing times, facility constraints, number of lanes, threat and risk factors, and overtime, there is a requirement for nearly 1,000 additional CBP Officers to conduct passenger processing activities at our land border ports of entry. Additional officers will provide an increased capability to identify and address potential threats such as the transportation of explosives, improvised explosive devices, or other harmful weapons. While the proposed increase represents only a fraction of the true need at our land ports of entry, it is at least a step in the right direction. The Committee recommends $554,372,000, 8,445 positions, and 8,328 FTE, an increase of $25,000,000, 234 positions, and 117 FTE above the fiscal year 2008 level, as requested in the budget.
PASSENGER SCREENING AT AIRPORTS
As discussed above in regard to screening at the land ports of entry, there is a concomitant requirement for similar increases in officers to conduct passenger and cargo processing activities at the Nation's international airports. In fact, the tremendous growth in international air travel in the years following the 9/11 attacks may require even greater increases. In the Department of Homeland Security Appropriations Act, 2008, Congress provided funds to hire an additional 200 CBP officers to be posted to the top 20 airports with the highest volume of foreign visitors. The Committee is convinced that growth in the U.S. economy depends in no small measure on international travel and encourages inclusion of funds in the fiscal year 2010 budget request for robust staffing increases at both land and air ports of entry.
AGRICULTURE SPECIALISTS
The Committee notes that CBP continues to make progress hiring Agricultural Specialists, but more work remains. In fiscal year 2007, CBP hired 179 Agricultural Specialists and plans to hire an additional 137 more in fiscal year 2008. CBP is working in partnership with the U.S. Department of Agriculture [USDA] to determine the number of additional Agricultural Specialists needed. CBP expects this effort will contribute to a sounder basis for using the workforce staffing model to determine the optimal staffing levels for Agricultural Specialists at ports-of-entry. The Committee supports continuation of this effort.
LAW ENFORCEMENT OFFICER RETIREMENT
The Committee recommends an additional $200,000,000 to fully fund the new law enforcement officer retirement program for CBP officers enacted into law in section 535 of Public Law 110-161. The President's budget proposes instead to repeal this section. Contrary to this short-sighted decision, this new benefit will have a major positive impact on the ability of CBP to recruit and retain its highly trained, professional workforce. The brave men and women who daily protect our borders, processing passengers entering the United States, while facing all manner of potential threats, deserve nothing less.
RADIATION PORTAL MONITOR STAFFING
Included in the amount recommended by the Committee is $42,532,000, 350 positions, and 192 FTE, for inspection and detection technology, an increase of $35,500,000, 295 positions, and 137 FTE, as proposed in the budget, to expand the number of inspectors at ports to staff radiation portal monitors [RPMs]. Included in the total is $8,200,000 for operations and maintenance of RPMs.
AIR AND MARINE STAFFING
Included in the amount recommended by the Committee is a total of $271,679,000, 1,801 positions, and 1,691 FTE. This represents an increase of $4,000,000, 24 positions, and 12 FTE, above the fiscal year 2008 level, as requested in the budget. Additionally, it is an increase of $17,400,000, 115 positions, and 58 FTE above the request, to fully staff the 11 new Marine Enforcement Units established in the Department of Homeland Security Appropriations Act, 2008 (Public Law 110-161).
REPLACE OBSOLETE NON-INTRUSIVE INSPECTION IMAGING SYSTEMS
Well before the 9/11 terrorist attacks, Congress funded the purchase of both large and small scale non-intrusive inspection [NII] equipment for the U.S. Customs Service and now CBP. Knowing the importance of this equipment to CBP's layered border enforcement strategy, it is puzzling that only now is CBP proposing to begin building into its base budget a program for replacing obsolete NII equipment. The Committee understands CBP possesses in excess of 3,100 small scale NII systems and the funds requested in the budget will replace 284--or less than 10 percent--of these systems which are over 10 years old and nearing the end of their life cycle. The Committee recommends $10,000,000, as requested in the budget, and strongly encourages CBP to develop a fully funded, long-term replacement strategy for these small-scale systems.
WESTERN HEMISPHERE TRAVEL INITIATIVE
Because of significant concerns about the Department's rushing to implement the Western Hemisphere Travel Initiative [WHTI] without conducting proper testing and ensuring appropriate safeguards, as well as a perceived lack of adequate information being made available to United States, Canadian, and Mexican citizens, the Congress passed legislation on two occasions delaying full implementation of WHTI until certain specific conditions were met. It appears that these legislative limitations helped to focus the Department's attention on implementing WHTI the right way, not just the fast way.
WHTI is scheduled to become fully operational on June 1, 2009, assuming all of the previously enacted legislative conditions have been met. In order to ensure that progress continues to be made, the Committee recommends a total of $139,973,000, 294 positions, and 250 FTE, as requested in the budget. This is an increase above the fiscal year 2008 level of $106,900,000, 89 positions, and 45 FTE. The Committee directs the Office of Policy to provide quarterly briefings on the status of WHTI implementation beginning no later than 30 days after the date of enactment of this act.
AUTOMATED TARGETING SYSTEM--PASSENGER
The Automated Targeting System [ATS] is a web-based enforcement and decision support tool that is the cornerstone for all of CBP's targeting efforts. ATS-Passenger [ATS-P] has been operational since 1999. ATS-P focuses on passengers and incorporates intelligence information and technologies to allow officers to focus their efforts on passengers that warrant further attention. The Committee recommends a total of $35,149,000, an increase of $5,000,000 above the fiscal year 2008 level, as requested in the budget, for improvements to ATS-P. The improvements requested in the budget will enhance services in the field, accommodate increased volume of passengers and vehicles, provide a simulation and testing environment to support passenger targeting improvements, and move toward a true 24/7 system.
VEHICLE REPLACEMENT
The Committee is disappointed that the President's budget request proposes to replace only 13.5 percent of the CBP fleet versus the action plan detailed in the April 30, 2007, CBP Vehicle Fleet Management Plan which recognized that CBP needs to institute a 5-year replacement cycle and replace at least 20 percent of these vehicles annually. This is not just a management and funding issue. Given the extreme terrain in which agents and officers must operate, it is becoming an officer safety issue. The Committee directs the Department to include in the fiscal year 2010 budget submission sufficient funds as well as a plan to replace, at a minimum, 20 percent of the vehicle fleet on an annual basis.
ENERGY FUNDING SHORTFALL
The Committee notes that due to current gasoline prices, CBP anticipates an energy funding shortfall in fiscal year 2009 of $25,100,000. The major impact of these costs will fall on the Border Patrol. This energy crisis is fast becoming a law enforcement and border security crisis. The Committee encourages the administration to submit a budget amendment to adequately fund Border Patrol energy costs in fiscal year 2009. CBP is directed to brief the Committee by July 25, 2008, on plans to address the projected shortfall.
CBP INTELLIGENCE PROGRAM
The Committee recommends a total of $54,108,000, 202 positions, and 189 FTE for the intelligence program, as requested in the budget. This is an increase of $24,000,000, 27 positions, and 14 FTE, over the fiscal year 2008 level. The requested increase in funds for CBP Intelligence will allow CBP to meet new analysis and reporting requirements.
CBP REGULATORY PROGRAM
CBP attorneys within Regulations and Rulings have been responsible for developing important border security regulations since the creation of CBP. In addition to maintaining responsibility for the traditional customs commercial and trade regulations, CBP attorneys have developed a number of regulatory projects including the first Advance Passenger Information Systems regulations in 2002 (and revised in 2005 and 2007), the Trade Act of 2002, Advance Cargo information regulations in 2003, and the Safe Port Act regulations to establish requirements for additional entry level data elements for cargo shipped to the United States. The Committee recommends a total of $5,719,000, 51 positions, and 45 FTE, an increase of $1,000,000, 12 positions and 6 FTE, as requested in the budget. The additional funds will enable CBP's Regulatory Program to hire an additional seven attorneys, two economists, two paralegals, and one mission support person.
UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY (INCLUDING 10-PRINT)
The Committee has been a strong supporter of the United States Visitor and Immigrant Status Indicator Technology [US-VISIT] program and recognizes the benefits it has brought to CBP's ability to process international visitors at the Nation's ports of entry while improving national security at the same time. Since fiscal year 2003, US-VISIT has provided funding to CBP for information technology operations and maintenance. Beginning in fiscal year 2009, CBP has requested funding for operations and maintenance of US-VISIT within its budget. Consistent with the budget, this increase to CBP will provide functionality critical to both US-VISIT and CBP in securing entry to the United States at the ports of entry and providing entry and exit information regarding aliens. The Committee recommends $62,800,000, as requested in the budget, for this activity.
TEXTILE TRANSSHIPMENT ENFORCEMENT
Included in the amount recommended by the Committee is $4,750,000 for textile transshipment enforcement, as authorized by section 352 of the Trade Act of 2002. The Trade Act of 2002 authorizes appropriations for the hiring of 72 positions between CBP and U.S. Immigration and Customs Enforcement, including import specialists, auditors, and analytic staff, and funding has been provided for these positions.
ADVANCED TRAINING CENTER
Included in the amount recommended by the Committee is $15,606,390, as proposed in the budget, to operate and equip the Advanced Training Center.
Pursuant to Public Law 106-246, the training to be conducted at the Center shall be configured in a manner so as to not duplicate or displace any Federal law enforcement program of the Federal Law Enforcement Training Center [FLETC]. Training currently being conducted at a FLETC facility shall not be moved to the Center.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT
The Committee has ensured that, within the amounts provided for in this account, there will be sufficient funds to administer the on-going requirements of section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c), referenced in subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 154).
The Committee directs CBP to continue to work with the Departments of Commerce and Treasury, and the Office of the United States Trade Representative (and all other relevant agencies) to increase collections, and provide a public report on an annual basis, within 30 days of each year's distributions under the law. The report should summarize CBP's efforts to collect past due amounts and increase current collections, particularly with respect to cases involving unfairly traded U.S. imports from China. The report shall provide the amount of uncollected duties for each antidumping and countervailing duty order, and indicate the amount of open, unpaid bills for each such order. In that report, the Secretary, in consultation with other relevant agencies, including the Secretaries of Treasury and Commerce, should also advise as to whether CBP can adjust its bonding requirements to further protect revenue without violating U.S. law or international obligations, and without imposing unreasonable costs upon importers.
The Committee further directs the Secretary to work with the Secretary of Commerce to identify opportunities for the Commerce Department to improve the timeliness, accuracy, and clarity of liquidation instructions sent to CBP. Increased attention and interagency coordination in these areas could help ensure that steps in the collection of duties are completed in a more expeditious manner.
CUSTOMS REVENUE STAFFING SHORTFALLS
In responding to the staffing `floors' for customs revenue functions contained in the Homeland Security Act of 2002, (Public Law 107-296), as well as the reporting requirement in section 403 of the SAFE Port Act, CBP has developed a Resource Optimization Model [ROM] to identify and track the current and optimal future staffing levels for employees involved in commercial trade operations. The ROM projects that to adequately staff the needs for priority trade functions, the optimal level of staff would be 10,625 in fiscal year 2009. However, current staffing is at least 25 percent below the optimal level. CBP has identified the greatest risk for trade is through a lack of Fines, Penalties, and Forfeiture [FP&F] Specialists and International Trade Specialists. Additionally, there is a significant shortage of chemists. The ROM indicates an optimal level of staffing for all three positions would be 1,015 in fiscal year 2009, yet approximately only 388 of those positions are currently on board. In order to enhance the staffing of these critical positions by 10 percent, the Committee recommends an additional $4,560,000, 58 positions, and 29 FTE. The Committee directs CBP to provide quarterly briefings on the progress in meeting this enhanced staffing level, by position, beginning no later than 60 days after the date of enactment of this act. Additionally, the Committee encourages CBP to include in its fiscal year 2010 budget submission a plan to address the significant shortfalls in all of these customs revenue positions.
AGRICULTURAL PESTS
The Committee notes Hawaii's globally significant natural environment, as well as the State's important diversified agricultural industry, are uniquely vulnerable to the introduction of invasive weeds, animals, insects, and diseases. The Committee expects the Department to work with the USDA and the Hawaii Department of Agriculture to share information and expertise to ensure their respective inspection and quarantine activities provide coordinated and collaborative biosecurity protection for the State.
2010 OLYMPICS COORDINATION CENTER
The Committee notes that a CBP official has been designated the Federal Coordinator for planning of U.S. Government efforts to support the 2010 Olympics and Paralympic Winter Games. The May 8, 2008, report on the Olympics effort notes that the 2010 Coordination Center `will support Incident Command System Command, and general staff, composed of work group leadership and core representatives, liaison representatives, a communications capability, as well as a Joint Information and Intelligence Fusion Center.' The report states that the Center will be located at the CBP air and marine branch in Bellingham, Washington. The Committee recommends an additional $4,500,000 to support this effort. Of this amount, up to $500,000 may be used for security training and exercises in preparation for the Olympics.
The Committee expects CBP to effectively manage security risks associated with these games. While the Committee provides funding for key security priorities associated with these Games, the Department has other responsibilities which will be impacted. For example, the Department should plan to have adequate staffing to mitigate the risks associated with an increase in traveler volume.
RESCISSION OF FUNDS
The Committee has included bill language rescinding $13,000,000 in funds appropriated to U.S. Customs and Border Protection, `Salaries and Expenses' in the Department of Homeland Security Appropriations Act, 2008 (Public Law 110-161).
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's recommendations as compared to the fiscal year 2008 and budget request levels:
U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year 2008 enacted 1 Fiscal year 2009 budget request Committeerecommendations
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------
Salaries and Expenses:
Headquarters Management and Administration:
Management and administration, border security inspections and trade facilitation 619,325 644,351 646,608
1,221,341 1,266,651 1,269,158 622,550
Border security inspections and trade facilitation at ports of entry:
Inspections, trade and travel facilitation at ports of entry 1,854,235 1,834,793 2,041,846
Harbor maintenance fee collections (trust fund) 3,093 3,154 3,154
International Cargo Screening 156,130 149,450 149,450
Other international programs 10,866 10,984 10,984
Customs Trade Partnership Against Terrorism 62,310 64,496 64,496
Free and Secure Trade (FAST)/NEXUS/SENTRI 11,243 11,274 11,274
Inspection and detection technology investments 105,027 117,144 117,144
Systems for targeting 27,580 32,550 32,550
National Targeting Center 23,950 24,481 24,481
Training 24,813 24,778 24,778
Subtotal, border security inspections and trade facilitation at ports of entry 2,279,247 2,273,104 2,480,157
Border security and control between ports of entry:
Border security and control between ports of entry 3,022,443 3,440,505 3,440,505
Training 52,789 74,815 74,815
Subtotal, border security and control between ports of entry 3,075,232 3,515,320 3,515,320
Air and Marine operations, personnel compensation and benefits 226,740 254,279 271,679
Subtotal, Salaries and Expenses 6,802,560 7,309,354 7,536,314
Rescission -13,000
Total, Salaries and Expenses 6,802,560 7,309,354 7,523,314
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------
AUTOMATION MODERNIZATION
| Appropriations, 2008 | $476,609,000 |
| Budget estimate, 2009 | 511,334,000 |
| Committee recommendation | 511,334,000 |
The automation modernization account includes funds for major information technology systems and services for U.S. Customs and Border Protection [CBP], including the Automated Commercial Environment [ACE] and the International Trade and Data System projects, and connectivity of and integration of existing systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends $511,334,000, to be available until expended, as proposed in the budget, for automation modernization.
INTERNATIONAL TRADE DATA SYSTEM
Included in the amount recommended is $16,000,000 for the International Trade Data System.
EXPENDITURE PLAN
The Committee is pleased with the level of detail and discipline which has been displayed in recent ACE expenditure plans. The Committee includes bill language making not less than $216,851,000 available for development of ACE upon the submission of a comprehensive expenditure plan for the program. The Committee also expects to continue receiving the ACE quarterly reports.
CBP TRAVELER ENFORCEMENT AND COMPLIANCE SYSTEM MODERNIZATION
The Committee was pleased to receive the CBP Traveler Enforcement and Compliance System [TECS] Modernization Program report on April 17, 2008, as called for in Senate Report 110-84. The report, and subsequent briefings, demonstrates the critical need for upgrading this important law enforcement tool. As TECS is a legacy Customs Service system, it is understandable that CBP has taken the lead in the modernization effort. However, U.S. Immigration and Customs Enforcement [ICE] is a major user of this system and must play a primary role in its development. Specific ICE reporting requirements are addressed in the ICE section of this report. The Committee directs CBP and ICE to brief jointly the Committee on a semiannual basis on the progress made in the modernization program beginning no later than 30 days after the date of enactment of this act.
The Committee recommends a total of $50,000,000, one position, and one FTE, an increase of $25,000,000 above the fiscal year 2008 level, as requested in the budget.
TERRORISM PREVENTION SYSTEMS ENHANCEMENTS
To support the worldwide scope and mission that CBP has today, systems are being modernized and networks re-engineered to deliver a robust, fault tolerant, high assurance, high availability, and distributed architecture designed to minimize cost and downtime while providing flexibility and the ability to handle surge requirements and fail-over capabilities. These funds will sustain efforts begun in fiscal year 2008 to improve communications, power distribution, networking, and computer capability to support worldwide screening operations. The Committee recommends $10,000,000, as requested in the budget, for this activity.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's recommendations as compared to the fiscal year 2008 and budget request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year 2008 enacted Fiscal year 2009 budget request Committeerecommendations
----------------------------------------------------------------------------------------------------------------------------------------------------------
Automated Commercial Environment/International Trade Data System (ITDS) 316,969 316,851 316,851
Automated commercial system and legacy IT cost 159,640 194,483 194,483
Total, Automation modernization 476,609 511,334 511,334
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BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
| Appropriations, 2008 1 | $1,225,000,000 |
| Budget estimate, 2009 | 775,000,000 |
| Committee recommendation | 775,000,000 |
| 1 Includes $1,053,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110-161). |
The Border Security, Fencing, Infrastructure, and Technology account funds the capital procurement and total operations and maintenance costs associated with fencing, infrastructure, sensors, surveillance, and other technology.
COMMITTEE RECOMMENDATIONS
The Committee continues to strongly support the Strategic Border Initiative [SBI] and the multi-faceted approach of securing our borders via a web of pedestrian fencing, tactical infrastructure, vehicle barriers, ground sensors, and cameras, in addition to more Border Patrol agents and increased enforcement of our immigration laws. Focusing on only one of these critical tasks is a recipe for failure. By fully funding the President's request for fiscal year 2009, when combined with the $1,225,000,000 appropriated to this account in fiscal year 2008, the Committee will have provided over $3,187,565,000 for border security fencing, infrastructure, and technology since fiscal year 2007. Additionally, the Committee again provides the Secretary with the flexibility to determine the proper mix and location of these border security activities along the Nation's borders--Northern, Southern, and coastline. Again, we must remind all of those involved in this effort, those who would do us harm will seek entry through other, less secure parts of our border after tightening security in one location.
As the Committee noted in its report last year, this is an extremely high risk program that requires the full attention of the leadership of the SBI Program Management Office [PMO], CBP, and the Department. The response to the Department's conditional, and then full, acceptance of Project 28 (P-28) in the Tucson sector is a case in point. The P-28 contract was structured in a manner to limit the exposure of the taxpayer to what was intended to be a proof of concept. In that sense, it succeeded. The contractor did not meet the initial requirements of the contract, had to use its own funds to meet those requirements, and then offered financial concessions to the Government because of these problems. However, P-28 was also marketed initially--both inside the Border Patrol, to the Congress, and the public at large--as the `solution' for the virtual fence. In that sense, it failed. The proposed timeline was overly aggressive, integration of the various technologies was much more difficult than expected, and the operating environment proved more harsh than anticipated. The Committee continues to support the program, but wants to see this done right--not just fast. Finally, the Committee is confused by opponents of either construction of physical fencing or success of the `virtual fence' solution. Those who are concerned that physical fencing will destroy the environment and animal habitats should embrace a `virtual fence' that works.
The Committee expects that any vehicle requirements for the SBI PMO and other activities funded in this account will be met through the vehicles funded in CBP `Salaries and Expenses'.
The Committee recommends $775,000,000, 200 positions, and 185 FTE, as requested in the budget, for this activity.
EXPENDITURE PLAN
The Congress provided a total of $1,225,000,000 for this activity in the fiscal year 2008 law, but withheld from obligation $650,000,000 until the Committee received an expenditure plan from the SBI PMO which was reviewed by the Government Accountability Office. The Committee received that plan on March 31, 2008. The plan did not meet certain specific requirements of the law and on May 6, 2008, the Committee approved the release of only $175,000,000, until additional details are provided. It is the responsibility of CBP, the Department, and the Office of Management and Budget to ensure expenditure plans, when submitted, comply with the law.
The following table summarizes the Committee's recommendations as compared to the fiscal year 2008 and budget request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
---------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year 2008 enacted 1 Fiscal year 2009 budget request Committeerecommendation
---------------------------------------------------------------------------------------------------------------------------------------------------
Development and deployment 1,088,000 275,000 275,000
Operations and maintenance 73,000 410,000 410,000
Program management 64,000 90,000 90,000
Total, Border Security Fencing, Infrastructure, and Technology 1,225,000 775,000 775,000
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AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
| Appropriations, 2008 1 | $570,047,000 |
| Budget estimate, 2009 | 528,000,000 |
| Committee recommendation | 528,000,000 |
| 1 Includes $94,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110-161). |
The U.S. Customs and Border Protection [CBP] Air and Marine Interdiction, Operations, Maintenance, and Procurement [AMO] account funds the capital procurement and total operations and maintenance costs of the CBP air and marine program and provides support to other Federal, State, and local agencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $528,000,000, to remain available until expended, for air and marine interdiction, operations, maintenance, and procurement. Included in this amount is $380,022,000 for recurring maintenance, as proposed in the budget.
The Committee strongly supports CBP's efforts to recapitalize its air and marine assets. Since fiscal year 2005, the Congress has appropriated over $2,546,000,000 to this account. Chief among the needs has been the establishment of five Northern border air branches located at strategic locations along the border, the operational testing and procurement of unmanned aerial systems in the desert Southwest, as well as the testing of these systems in the maritime environment and the expansion of their use on the Northern border, and the new focus on a robust marine program, both coastal and riverine. Certain gaps remain to be filled, such as facilities improvements at smaller air locations and expansion of the marine program to additionally planned locations, but progress is being made. The Committee notes the difficulty in procuring certain types of aircraft and other air systems because of the need to compete with the Department of Defense for these systems in a time of war, but AMO has been creative in its use of multi-purchase awards and deserves to be commended.
MULTI-ROLE ENFORCEMENT AIRCRAFT
Included in the amount recommended by the Committee is a total of $35,600,000, as requested in the budget, for procurement of two multi-role enforcement aircraft [MEAs]. This will bring AMO air and marine up to five MEAs, which is within 35 aircraft of its planned end-state.
MARINE VESSELS
Included in the amount recommended by the Committee is a total of $10,100,000, as requested in the budget, for procurement of 18 new marine vessels. CBP AMO's current planned end-state for marine vessels calls for the purchase of 40 Interceptors of all types, 140 riverine vessels, and 30 coastal enforcement craft. With these recommended funds, AMO will be within 163 vessels of reaching its planned end-state.
MEDIUM LIFT HELICOPTER CONVERSIONS
Included in the amount recommended by the Committee is $9,000,000, as requested in the budget, for the conversion of one medium lift helicopter [MLH] from an `A' to an `L' configuration. These conversions are necessary because deliveries of new MLHs will not begin until fiscal year 2010.
C-550 INTERCEPTOR SENSOR UPGRADES
Included in the amount recommended by the Committee is $7,700,000, as requested in the budget, to upgrade the sensor package on one C-550 fixed-wing Interceptor. These funds will support the third of the planned 10 C-550 Interceptor sensor package upgrades.
NORTHERN BORDER AIR BRANCHES
Included in the amount recommended by the Committee is $12,700,000, as requested in the budget, for operation and maintenance of the five Northern border air branches. The Committee is pleased that the fifth air branch, in Detroit, became operational this spring. The Committee encourages the Department to include in the fiscal year 2010 budget funding to expand the hours of operation at these air branches.
P-3 SERVICE LIFE EXTENSION PROGRAM
Included in the amount recommended by the Committee is $56,000,000, as requested in the budget, for the ongoing service life extension program of the P-3 surveillance fleet.
UNMANNED AERIAL SYSTEMS SUPPORT
Included in the amount recommended by the Committee is a total of $29,600,000, as requested in the budget, for operations and maintenance support, including spares and component repairs for unmanned aerial systems [UAS]. These funds will procure the seventh of the planned end-state of 18 UASs, enable the upgrade of the UAS software integration lab, and ensure that these systems will operate at the highest anticipated levels.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's recommendations as compared to the fiscal year 2008 and budget request levels:
AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND PROCUREMENT
[In thousands of dollars]
------------------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year 2008 enacted 1 Fiscal year 2009 budget request Committeerecommendations
------------------------------------------------------------------------------------------------------------------------------------------------------------------
Operations and maintenance 353,614 380,022 380,022
Procurement 216,433 147,978 147,978
Total, Air and Marine Interdiction, Operations, Maintenance, and Procurement 570,047 528,000 528,000
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CONSTRUCTION
| Appropriations, 2008 1 | $348,363,000 |
| Budget estimate, 2009 | 363,501,000 |
| Committee recommendation | 403,201,000 |
| 1 Includes $61,000,000 in emergency appropriations pursuant to the Department of Homeland Security Appropriations Act, 2008 (Public Law 110-161). |
This appropriation provides funding to plan, construct, renovate, equip, and maintain buildings and facilities necessary for the administration and enforcement of the laws relating to immigration, customs, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends $403,201,000 for construction activities of U.S. Customs and Border Protection [CBP], to be available until expended.
CONSTRUCTION ASSOCIATED WITH NEW BORDER PATROL AGENTS
Included in the amount recommended by the Committee is a total of $255,286,000, an increase of $149,513,000, as proposed in the budget, for construction requirements associated with new Border Patrol agents.
AIR AND MARINE FACILITIES
Included in the amount recommended by the Committee is $16,600,000, as proposed in the budget, for repair and renovation of air and marine facilities.
AIR AND MARINE FACILITIES UPGRADES
The Committee is disappointed by the apparent lack of support for a continued commitment to upgrade the many outdated and ill-sized air and marine facilities. The Congress has added funds each year to expand air branches to the Northern border and marine units nationwide, recapitalize the aging fixed and rotary-wing air fleet, and hire more air and marine interdiction agents. However, the budget requests constantly fall short of meeting the increased needs to upgrade the existing facilities. The Committee notes that in its February 13, 2008, strategic plan, the administration identified a requirement of $65,000,000 for air and marine facilities funding in fiscal year 2009. The Committee encourages the Department to include additional funding for these facilities in the 2010 budget request.
ADVANCED TRAINING CENTER
The Committee provides $39,700,000 for Phase V of the Advanced Training Center [ATC] Master Plan which was submitted to the Committee on April 4, 2007, by the Department of Homeland Security Under Secretary for Management. The ATC, located in West Virginia, opened in September 2005. It provides advanced training to over 2,900 CBP law enforcement personnel, managers, and supervisors per year and will train approximately 5,000 per year by the end of 2009.
BORDER FACILITIES CONSTRUCTION BACKLOG
Significant increases in trade and vehicle traffic, as well as the hiring of new inspection personnel, have placed strains on the many out-dated land border ports of entry. While the General Services Administration [GSA] owns and manages the majority of these ports, a number are CBP-owned. The total construction backlog for land border ports of entry and Federal inspection facilities stands at approximately $4,900,000,000, yet the total amount requested for port of entry construction in the President's fiscal year 2009 budget is a mere $85,000,000. The Committee notes that these ports are vital to the Nation's economy as total international trade entering through these facilities is over $800,000,000,000, which represents nearly 6 percent of the U.S. gross domestic product.
The Committee is aware that the increase in both commercial and passenger traffic is straining the capacity of existing facilities and infrastructure at ports of entry such as the Sault Ste. Marie International Bridge in Michigan and the Columbus and Santa Teresa ports of entry in New Mexico. The Committee encourages the administration to include funds in its 2010 request to address these requirements.
The Committee directs the Department to continue to work with the GSA on its nationwide strategy to prioritize and address the infrastructure needs at land border ports of entry and to comply with the requirements of the Public Buildings Act of 1959 (40 U.S.C. 3301) to seek necessary funding.
The Committee has included bill language directing CBP, in consultation with GSA, to include with its annual budget submission, a detailed 5-year construction plan for land border ports of entry with a yearly update of total projected future funding needs.
LAND PORTS OF ENTRY MODERNIZATION
Of the 163 total land border ports of entry, CBP owns 43. Many of these are small ports of entry, the construction of which dates back to the Great Depression. For instance, for 40 percent of these ports' their useful life has expired, having been built before 1975 with no significant repair or upgrade. Seventy percent of these ports have no enclosed operational secondary inspection garage, but instead operate in locations in which outdoor secondary inspections often cannot be performed due to extreme weather. Thirty percent of them have no commercial inspection facilities, requiring inspections to be performed on the roadway. This is a grave officer safety concern.
The budget proposes to begin a long-term land border port of entry modernization program. The Committee strongly supports this goal and recommends $10,000,000, as requested, to begin the renovation and alteration of CBP-owned land border inspection facilities. Additionally, the Committee directs CBP to submit a plan, by port of entry, detailing specific milestones of when work is planned and the type of work to be done.
BORDER PATROL CONSTRUCTION
The Committee is aware that the Border Patrol is working with the GSA and the U.S. Army Corps of Engineers to plan and construct a new Beecher Falls Border Patrol Station within the Swanton Sector. The Committee encourages the Border Patrol to maintain the station strategically located in eastern Vermont, near the Canadian border, and close to the main highways that connect the United States and Canada.
The Committee notes that, as a result of an operational decision made by the Border Patrol, no funds have been requested in the budget for site, design, or construction of permanent checkpoints on the Northern border.
COMMITTEE RECOMMENDATIONS
The following table summarizes the Committee's recommendations as compared to the fiscal year 2008 and budget request levels:
CONSTRUCTION
[In thousands of dollars]
------------------------------------------------------------------------------------------------------------------------------
Border Patrol Facilties by Sector Fiscal year 2008 enacted Fiscal year 2009 budget request Committee recommendation
------------------------------------------------------------------------------------------------------------------------------
MAJOR CONSTRUCTION
Del Rio: Comstock, TX Station 25,000 25,000
Detroit: Sandusky, OH Station 4,000 4,000
El Centro:
Calexico, CA Station 34,000 34,000
Indio, CA Station 18,000 18,000
Sector HQ Vehicle Maintenance Facility 18,000 18,000
El Paso:
Fabens, TX Station 4,000
Las Cruces, NM Station 4,000
Lordsburg, NM Station 5,000
Expanded Checkpoints 1,513 1,513
Vehicle Maintenance Facility 16,126
Laredo: Freer, TX Station 3,000
Marfa: Presidio, TX Station 3,000 3,000
San Diego:
Blythe, CA Station 28,900 28,900
Boulevard, CA Station 4,000 31,000 31,000
Tucson:
SR 85, SR 90, I-19 Checkpoints 20,000
Ajo, AZ Station 22,500
Casa Grande, AZ Station 17,873 17,873
Naco, AZ Station 47,000 47,000
Sonoita, AZ Station 27,000 27,000
Yuma: Welton, AZ Station 22,000
Subtotal, Border Patrol 100,626 255,286 255,286
Air and Marine Facilities:
Sierra Vista, AZ--Hangar and Flight Center 12,000
Yuma, AZ--Hangar, Maintenance and Admin 14,000 4,000 4,000
El Centro, CA--Hangar, Maintenance & Admin 2,100 2,100
El Paso, TX--Consolidation of facilities 1,500 1,500
Laredo, TX--Hangar, Maintenance & Admin 1,454 4,000 4,000
Marfa, TX--Hangar, Maintenance & Admin 1,378 3,000 3,000
Uvalde, TX--H