[Senate Report 113-198]
[From the U.S. Government Publishing Office]
Calendar No. 443
113th Congress Report
SENATE
2nd Session 113-198
======================================================================
DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2015
_______
June 26, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Appropriations,
submitted the following
REPORT
[To accompany S. 2534]
The Committee on Appropriations reports the bill (S. 2534)
making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2015, and for other
purposes, reports favorably thereon and recommends that the
bill do pass.
Total obligational authority, fiscal year 2015
Total of bill as reported to the Senate\1\ \2\ \3\ \6\.. $47,226,793,000
Amount of 2014 appropriations\4\ \5\.................... 46,583,386,000
Amount of 2015 budget estimate\1\ \2\ \6\............... 46,346,037,000
Bill as recommended to Senate compared to--
2014 appropriations................................. +643,407,000
2015 budget estimate................................ +880,756,000
\1\Committee recommendation includes $731,093,000 in rescissions
compared to $200,000,000 in proposed cancellations.
\2\Includes a permanent indefinite appropriation of $176,970,000 for the
Coast Guard healthcare fund contribution.
\3\Includes $213,000,000 for the Coast Guard for the cost of overseas
contingency operations.
\4\Includes rescissions totaling $693,426,000 pursuant to Public Law
113-76. Includes permanent indefinite appropriation of $201,000,000 for
the Coast Guard healthcare fund contribution. Includes $227,000,000 for
the Coast Guard for the costs of overseas contingency operations.
\5\Includes $5,626,386,000 for the FEMA Disaster Relief Fund designated
by Congress as disaster relief pursuant to Public Law 112-25.
\6\Includes $6,437,793,000 for the FEMA Disaster Relief Fund designated
by Congress as disaster relief pursuant to Public Law 112-25.
CONTENTS
----------
Page
Overview and Summary of the Bill................................. 4
Title I:
Departmental Management and Operations:
Office of the Secretary and Executive Management......... 11
Office of the Under Secretary for Management............. 20
Office of the Chief Financial Officer.................... 23
Office of the Chief Information Officer.................. 27
Analysis and Operations.................................. 29
Office of Inspector General.............................. 30
Title II:
Security, Enforcement, and Investigations:
U.S. Customs and Border Protection:
Salaries and Expenses................................ 33
Automation Modernization............................. 49
Border Security Fencing, Infrastructure, and
Technology......................................... 50
Air and Marine Operations............................ 52
Construction and Facilities Management............... 55
U.S. Immigration and Customs Enforcement:
Salaries and Expenses................................ 57
Automation Modernization............................. 65
Construction......................................... 66
Transportation Security Administration:
Aviation Security.................................... 67
Surface Transportation Security...................... 76
Intelligence and Vetting............................. 77
Transportation Security Support...................... 79
United States Coast Guard:
Operating Expenses................................... 81
Environmental Compliance and Restoration............. 87
Reserve Training..................................... 88
Acquisition, Construction, and Improvements.......... 88
Research, Development, Test, and Evaluation.......... 93
Retired Pay.......................................... 94
United States Secret Service:
Salaries and Expenses................................ 94
Acquisition, Construction, Improvements, and Related
Expenses........................................... 97
Title III:
Protection, Preparedness, Response, and Recovery:
National Protection and Programs Directorate:
Management and Administration........................ 98
Infrastructure Protection and Information Security... 100
Federal Protective Service........................... 106
Office of Biometric Identity Management.............. 107
Office of Health Affairs................................. 109
Federal Emergency Management Agency:
Salaries and Expenses................................ 111
State and Local Programs............................. 117
Firefighter Assistance Grants........................ 122
Emergency Management Performance Grants.............. 122
Radiological Emergency Preparedness Program.......... 123
United States Fire Administration.................... 124
Disaster Relief Fund................................. 125
Flood Hazard Mapping and Risk Analysis............... 126
National Flood Insurance Fund........................ 127
National Predisaster Mitigation Fund................. 128
Emergency Food and Shelter........................... 129
Title IV:
Research and Development, Training, and Services:
United States Citizenship and Immigration Services....... 130
Federal Law Enforcement Training Center:
Salaries and Expenses................................ 133
Acquisitions, Construction, Improvements, and Related
Expenses........................................... 133
Science and Technology:
Management and Administration........................ 134
Research, Development, Acquisition, and Operations... 134
Domestic Nuclear Detection Office:
Management and Administration........................ 140
Research, Development, and Operations................ 141
Systems Acquisition.................................. 142
Title V: General Provisions...................................... 144
Program, Project, and Activity................................... 150
Compliance With Paragraph 7, Rule XVI of the Standing Rules of
the
Senate......................................................... 151
Compliance With Paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 151
Budgetary Impact of Bill......................................... 173
Comparative Statement of New Budget Authority.................... 174
OVERVIEW AND SUMMARY OF THE BILL
------------------------------------------------------------------------
Fiscal year 2015
Fiscal year 2015 Committee
request\1\ \2\ \3\ recommendation\1\
\2\ \3\ \4\
------------------------------------------------------------------------
Title I--Departmental $1,171,749,000 $1,033,363,000
Management and Operations....
Title II--Security, 31,404,277,000 32,519,823,000
Enforcement, and
Investigations...............
Title III--Protection, 12,048,420,000 12,417,695,000
Preparedness, Response, and
Recovery.....................
Title IV--Research and 1,770,591,000 1,760,905,000
Development, Training, and
Services.....................
Title V--General Provisions... -49,000,000 -504,993,000
-----------------------------------------
Total, new budget 46,346,037,000 47,226,793,000
(obligational
authority).............
------------------------------------------------------------------------
\1\Committee recommendation includes $731,093,000 in rescissions
compared to $200,000,000 in proposed cancellations.
\2\Includes a permanent indefinite appropriation of $176,970,000 for the
Coast Guard healthcare fund contribution.
\3\Includes $6,437,793,000 for the FEMA Disaster Relief Fund designated
by Congress as disaster relief pursuant to Public Law 112-25.
\4\Includes $213,000,000 for the Coast Guard for the cost of overseas
contingency operations.
The Committee recommends a total appropriation of
$47,226,793,000 for the Department of Homeland Security [DHS]
for fiscal year 2015, $880,756,000 more than the budget
request. Of this amount, $45,650,793,000 is for discretionary
programs, including $213,000,000 for Coast Guard overseas
contingency operations and $6,437,793,000 for the FEMA Disaster
Relief Fund designated by Congress as disaster relief pursuant
to Public Law 112-25.
The Committee recommends discretionary appropriations,
excluding Coast Guard overseas contingency operations and the
FEMA Disaster Relief Fund adjustment, of $39,000,000,000,
$667,756,000 above the request. Even with this modest increase,
discretionary appropriations for the DHS have declined by 8.3
percent since fiscal year 2010.
Overview
Homeland security refers to our national effort to prevent
terrorist attacks within the United States, reduce the
vulnerability of the United States to terrorism, and minimize
the damage from attacks that do occur. Although we have been
spared from terrorist attacks with the devastating consequences
of September 11 for more than a decade, the Boston marathon
bombing, which was conducted by home-grown extremists less than
15 months ago, reminded us that complacency is not an option.
The long war on terrorism is far from over. We face an
increasing number of homegrown terror plots that originate
within our own borders, in which one or more of the plotters
are American citizens, legal permanent residents, or visitors
radicalized in the United States. At the same time, individuals
and terrorist groups abroad continue to focus on doing us harm.
Our Nation is still threatened by al Qaeda affiliates from
countries such as Yemen and Pakistan, as well as foreign
fighters traveling to and from Syria. The threat today is
rapidly evolving and diffuse, with al Qaeda affiliates in the
Arabian Peninsula being the most active in plotting against our
homeland. These terrorists, be they homegrown zealots or
radical actors from abroad, seek sophisticated means of attack,
including chemical, biological, radiological, nuclear and
explosive weapons, as well as cyber. While we continue to focus
on these known threats, we must also be vigilant against new
methods of recruitment and engage communities at risk of being
targeted by terrorist recruiters. This bill provides adequate
resources for us to keep pace with all of these threats. For
example:
--At U.S. Customs and Border Protection [CBP], the bill
recommends hiring 1,000 new CBP officers at our air and
sea ports of entry to facilitate the processing of
legitimate trade and travelers while preventing entry
of those who would do us harm.
--At U.S. Immigration and Customs Enforcement [ICE], the
second largest investigative agency in the Government,
Homeland Security Investigations will use the
$1,775,269,000 included in the bill for its 6,400
criminal investigators to conduct transnational
criminal investigations to protect the United States
against terrorist and other criminal organizations that
threaten public safety and national security while
bringing to justice those seeking to exploit customs
and immigration laws worldwide. The bill provides
$5,000,000 above the request to ICE for human
trafficking and smuggling investigations as well as
investigations in commercial trade fraud.
--At the Transportation Security Administration, the bill
includes $162,469,000 for explosives detection
technologies to screen passengers and their belongings
at airports and $99,569,000 for Secure Flight, which
matches passenger data against portions of the
Terrorist Screening Database.
--The bill includes $425,552,000 for research and development
in innovative technology solutions and other
countermeasures to strengthen the homeland and outpace
our adversaries.
--A total of $300,000,000 is included to complete
construction of the National Bio and Agro-Defense
Facility, which is being built to prevent the
accidental or intentional introduction of deadly animal
diseases into the United States.
--A total of $306,342,000 for the Domestic Nuclear Detection
Office to detect illicit radiological material that has
fallen out of regulatory control, and deter our enemies
from using that material for nuclear terrorism. The
bill provides $7,000,000 above the request for the
Securing the Cities program, which helps State and
local governments develop nuclear detection
capabilities for high-density, high-threat urban areas.
--A total of $162,991,000, the same amount as fiscal year
2014, is provided for first responder weapons of mass
destruction training.
--A total of $26,024,000 is provided to strengthen the
Department's ability to safeguard and share classified
information with its Federal, State, and local
partners, and to help deter the unauthorized release of
such information. In the wake of past and recent public
disclosures of critical national security information,
such safeguards are vital to ensuring effective
controls are in place to prevent the illicit removal
and dissemination of classified information.
--A total of $9,961,000 for the Office of Bombing Prevention
to advance training, analysis, and awareness.
Terrorism is not the only threat we must be prepared for.
We face a constant onslaught of cyber intrusions and attacks on
our Government networks and critical infrastructure. According
to the Internet security experts at Norton, we lose
$114,000,000,000 each year to global cybercriminals, with
another $274,000,000,000 in lost productivity due to time spent
on cybercrime and its effects. That total eclipses the global
black market in marijuana, cocaine, and heroin combined. In
2013, there were over 63,000 security incidents and 1,367
confirmed data breaches. These range from attacks that were
carried out on media outlets like The New York Times and The
Wall Street Journal, theft of personal information stolen from
universities around the country, and the stealing of financial
data from consumers who used payment card systems at several
major retail companies. Verizon recently published a report
using real world data gleaned from 50 organizations around the
world, including DHS, which clearly showed that individuals,
companies, and industries are all vulnerable to some type of
cyber event/attack. Sadly, the data also showed that attackers
are becoming more proficient, able to complete their attacks in
days, and sometimes in a matter of minutes. Conversely, it
often takes our cyber warriors--the good guys--over a month to
discover and block an infiltration, and even longer to
completely resolve the issue. This bill takes steps to decrease
our vulnerability to cyber attacks and intrusions, stop the
exfiltration of data, and help remediate the impacts of a cyber
attack. Specifically,
--The bill recommends a total of $757,340,000 for
cybersecurity protection of Federal networks and
incident response. This amount includes $15,810,000 for
cybersecurity education to train future cyber warriors.
--The bill provides a total of $163,743,000 for ICE to
support 761 full-time equivalents in a variety of cyber
investigations including efforts to counter child
pornography as well as funding to operate the Cyber
Crimes Center.
--A total of $103,937,000 for the United States Secret
Service for cyber investigations and to provide cyber
crime training to State and local law enforcement,
legal, and judicial professionals for computer
forensics and cyber investigations. In the last 4
years, the Secret Service's cyber investigations
affected over 4,900 arrests and avoided approximately
$1,370,000,000 in fraud losses.
At the same time we are facing a constant barge of cyber
intrusions and attacks, we are also facing a humanitarian
crisis on our Southern border the likes of which we have never
before experienced. More than 66,000 unaccompanied alien
children will be apprehended at our border this fiscal year
and, at the current rate, we can expect to apprehend 145,000 in
fiscal year 2015. According to the Department of Health and
Human Services [HHS], this is an 815 percent increase in child
apprehensions by the end of this fiscal year compared to fiscal
year 2011. There were 6,500 children apprehended in fiscal year
2011 but in fiscal year 2013 that number rose to nearly 25,000
unaccompanied children. Things have gotten so dire, that on
June 2, 2014, the President appointed the FEMA Administrator to
lead the Unified Coordination Group in response to this crisis.
Unfortunately, while knowing of these increasing arrivals
year after year, the budget request did not reflect additional
resources for DHS or HHS to address this problem. After hearing
bipartisan and bicameral cries of concern, the Office of
Management and Budget acknowledged in a May 30, 2014, letter to
the Committees on Appropriations that DHS needed $164,547,000
more than it had requested in the budget to adequately address
its fiscal year 2015 requirements. In response, this bill
provides the following increased resources:
--CBP is provided $76,942,000 above the request to provide
for initial processing, medical care, food, shelter,
and clothing for the children they encounter.
--ICE is provided $87,605,000 above the request for
transportation--often via commercial or charter
aircraft--of these children from DHS custody to the
legally required shelters operated by the Office of
Refugee Resettlement within HHS.
--Also, a detailed, multi-agency briefing is required to be
held not later than September 15, 2014, of the specific
steps each department--DHS, HHS, Justice, and State--is
taking to mitigate the crisis and reverse this rapidly
escalating trend line.
While we improve our defenses against terrorists and cyber
attacks, DHS must remain focused on other legacy and statutory
missions, such as enforcing our immigration laws, facilitating
legitimate travel and trade, protecting our currency,
interdicting drugs and migrants, responding to oil and chemical
spills, and rescuing those in need. This bill does so by
refocusing resources on requirements that the Committee
believes were underfunded in the fiscal year 2015 request and
supplementing the request in key areas to address technological
limitations. For example:
--The recommendation for the Coast Guard includes several
increases above the request, including $25,000,000 and
231 positions to enhance drug and migrant interdiction
efforts, $208,000,000 to acquire new vessels
desperately needed to replace an aging fleet,
$24,500,000 for mid-life repairs and service life
extension projects on the existing fleet of vessels,
$6,000,000 to address the construction backlog for
military housing, and $4,967,000 above the request to
restore 300 reservists to active status, which will
enable the Coast Guard to retain the majority of the
first responders proposed for reduction.
--The bill recommends a total of $1,500,000,000 for first
responder grants, $294,531,000 above the request to
provide for the protection of infrastructure and the
readiness of police, firefighters, public health
officials and emergency managers in States, urban
areas, ports, and transit systems.
--The bill funds a minimum of 31,039 ICE detention beds,
which is 500 beds above the request. Funding reflects
the current cost of these bed contracts.
--The bill begins funding the preliminary costs related to
candidate protection for the 2016 presidential campaign
and funds Secret Service agents who protect the First
Family and other individuals while also conducting
investigations into counterfeiting currency and
securing financial networks.
--At CBP, the bill directs that not less than $10,000,000 be
used to sustain the traveler process enhancements,
including staffing at certain locations, as provided
for in last year's law.
--And to assist people lawfully present in this country who
wish to become U.S. citizens, a total of $10,000,000 is
allocated for immigrant integration grants.
In addition, the Nation must be resilient to all hazards
and be able to quickly respond to and recover from all hazards
that threaten our citizens, property, and way of life. While we
have also been spared the devastation of a storm with the
damaging effects of Hurricane Katrina and have proven we are a
Nation better able to respond and recover quickly than we were
before, within the last 3 years, each State has sought Federal
assistance for disaster recovery. History tells us a
catastrophic disaster will strike again in the future. We must
be ready. This bill provides resources to continue recovery
from disasters and get ready for future disasters.
--A total of $7,033,464,494 for disaster relief, $812,556,400
above fiscal year 2014.
--A total of $100,000,000 for flood hazard mapping,
$15,597,000 above the request. In the past 5 years, all
50 States have experienced floods or flash floods.
Accurate and useful flood maps help protect people and
property along our waterways on the coast and inland
against a known risk.
--A total of $25,000,000 for predisaster mitigation grants.
These grants help officials plan for and build more
resilient communities to withstand the disasters they
are likely to face, ultimately saving money and lives
when the next disaster strikes. For example, smart
building also saves money--$4 for every $1 invested.
--A total of $35,180,000 for urban search and rescue teams
for location, rescue, and initial medical care of
people in large scale disasters.
These initiatives can only be undertaken with budgetary
restraint in mind. In this austere fiscal climate, we cannot
solve all of our homeland security challenges by spending more
money. DHS must continue to root out fraud, waste, and abuse,
while refocusing effort on programs that truly make a
difference. In addition, the Department must make a concerted
effort to strengthen relationships with other Federal, State,
local, and international partners in order to maintain our
national security and increase our resilience. DHS cannot
achieve these broader objectives by operating in a vacuum. For
fiscal year 2015, the Committee continues several major
reforms, while instituting several new initiatives to
strengthen and streamline the Department.
--The bill allows for the decommissioning of eight Coast
Guard patrol boats that have become too expensive to
maintain, saving $6,053,000.
--The bill includes funding for six critically needed Coast
Guard fast response cutters (instead of two requested).
Procuring six maximizes the production line and
generates cost savings of at least $5,000,000 per hull
for a total savings to the taxpayers of $30,000,000.
--The bill calls for the Department to develop a strategy to
reduce the length of time it takes to hire new
employees, which is well above the Governmentwide
average and inhibiting efforts to select high-quality
candidates.
--As DHS acquisition management remains on GAO's ``high
risk'' list, the bill requires GAO to evaluate select
acquisitions across the Department to ensure programs
are on track to meet cost, schedule, and capability
goals; and identify challenges the Department faces in
managing its large acquisition projects.
--The bill requires CBP to submit an action plan for
expediting the travel experience at U.S. international
gateway airports through the use of innovative
technology and changed methodology. These include:
expanding the use of automated passport control kiosks
which greatly reduces a traveler's interaction with a
CBP officer; expanding the use of these kiosks to
travelers from visa waiver countries; taking advantage
of the creativity of individual airports, such as
expanding the use of ``1-Stop'' for express screening
of those passengers arriving with just carry-on luggage
and proper documentation; and reviewing how CBP
allocates its personnel at air ports of entry, to
include consideration of non-law enforcement personnel
to cover processing duties. All of these efforts should
streamline the U.S. entry process and minimize wait
times.
--The bill continues a provision included in fiscal year 2014
which authorizes CBP to enter into public-private
partnerships to upgrade land ports of entry [POEs] and/
or to pay overtime to CBP officers at POEs, expands the
number of eligible airports that can participate in
these pilots from five to seven a year.
--The bill rejects the unauthorized National Preparedness
Grant proposal, waiting for the appropriate authorizing
committees to act.
--The bill includes eight statutorily mandated expenditure
plans for robust congressional oversight. In addition,
there are another seven expenditure plans in the
report. The Committee encourages DHS to issue these
reports in an unclassified format so that they can be
available to the public, to the maximum extent
practicable.
--The bill includes seven multiyear investment reports so
that the Committee can better track when acquisitions
and procurements are required for large capital
programs and anticipate their operations and
maintenance tails.
--The bill requires all reports requested by the Committee to
be posted on the Department's Web site except for those
that may compromise homeland security or contain
proprietary information.
--The bill continues annual and monthly reporting
requirements for expenditures from the Disaster Relief
Fund and directs FEMA to make these reports available
to the public no later than 5 days after the close of
each month.
--The bill continues a monthly obligation, expenditure, and
staffing reporting requirement. Delivery of these
reports is required within 30 days after the end of the
month.
--The bill continues long-standing provisions prohibiting the
use of first class travel and limits attendance at
international conferences.
In conclusion, the recommendations contained in this bill
sustain the Department's vital frontline security operations,
while providing resources for the Department to nimbly react to
emergent threats, be they man-made or naturally occurring. It
also provides sufficient management and administrative
oversight to ensure fiscal responsibility and wise investment
of the taxpayers' money.
References
This report refers to several Public Laws by short title as
follows: the Budget Control Act of 2011, Public Law 112-25, is
referenced as the BCA; Implementing Recommendations of the 9/11
Commission Act of 2007, Public Law 110-53, is referenced as the
9/11 Act; and the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, Public Law 93-288, is referenced as
the Stafford Act.
Any reference in this report to the Secretary shall be
interpreted to mean the Secretary of Homeland Security.
Any reference to the Department or DHS shall be interpreted
to mean the Department of Homeland Security.
Any reference in this report to a departmental component
shall be interpreted to mean directorates, components, offices,
or other organizations in the Department of Homeland Security.
Any reference to FTE shall mean full-time equivalents.
Any reference to PPA shall mean program, project, and
activity.
Any reference to HSPD shall mean Homeland Security
Presidential Directive.
Any reference to GAO shall mean Government Accountability
Office.
Any reference to the OIG shall mean the Office of Inspector
General of the Department of Homeland Security.
DEPARTMENT OF HOMELAND SECURITY
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
Appropriations, 2014.................................... $122,350,000
Budget estimate, 2015................................... 128,769,000
Committee recommendation................................ 124,571,000
The Office of the Secretary and Executive Management
supports the Department by providing direction, management, and
policy guidance to operating components. The specific
activities funded by this account include: the Immediate Office
of the Secretary; the Immediate Office of the Deputy Secretary;
the Office of the Chief of Staff; the Office of the Executive
Secretary; the Office of Policy; the Office of Public Affairs;
the Office of Legislative Affairs; the Office of General
Counsel; the Office for Civil Rights and Civil Liberties; the
Citizenship and Immigration Services Ombudsman; the Office of
Intergovernmental Affairs; and the Privacy Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $124,571,000 for the Office of the
Secretary and Executive Management. This is $4,198,000 below
the amount requested and $2,221,000 above the amount provided
in fiscal year 2014. Of this amount, the Committee recommends
not to exceed $45,000 for official reception and representation
expenses.
The Committee includes $5,825,000 for the Citizenship and
Immigration Services Ombudsman [CISOMB], including an
additional $521,000 and five positions for employment-based
case inquiries. During the 2014 reporting period (April 1, 2013
to March 2014), CISOMB experienced a 33 percent increase in the
number of employment-based immigration inquiries.
The Committee recommends $37,559,000 for the Office of
Policy, including $715,000 to strengthen the capabilities and
requirements process to ensure that strategic guidance related
to Departmental investments is turned into results. The Office
of Policy, Office of the Chief Financial Officer, and Science
and Technology Directorate are to keep the Committee apprised
of these efforts.
The request to restore other reductions taken to OSEM
offices in prior years is denied due to an insufficient
justification for the funds. Reductions made in prior years
were not considered temporary and are a reflection of a
declining discretionary funding base for DHS and the
Committee's intent to focus limited resources on the
Department's critical operational missions.
The specific levels recommended by the Committee as
compared to the fiscal year 2014 and budget request levels are
as follows:
OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Secretary......................... 4,050 3,950 3,939
Immediate Office of the Deputy Secretary.................. 1,750 1,751 1,740
Office of the Chief of Staff.............................. 2,050 2,112 2,062
Executive Secretary....................................... 7,400 7,719 7,477
Office of Policy.......................................... 36,500 38,470 37,559
Office of Public Affairs.................................. 8,550 8,741 8,591
Office of Legislative Affairs............................. 5,350 5,583 5,403
Office of Intergovernmental Affairs....................... 2,250 2,429 2,273
Office of General Counsel................................. 19,750 21,310 19,950
Office for Civil Rights and Civil Liberties............... 21,500 22,003 21,719
Citizenship and Immigration Services Ombudsman............ 5,250 6,428 5,825
Privacy Officer........................................... 7,950 8,273 8,033
-----------------------------------------------------
Total, Office of the Secretary and Executive 122,350 128,769 124,571
Management.........................................
----------------------------------------------------------------------------------------------------------------
THE CRISIS OF UNACCOMPANIED CHILDREN
On May 30, 2014, the Committee received a missive from the
Deputy Director of the Office of Management and Budget
acknowledging the severe deficiencies in the President's fiscal
year 2015 budget request to address the skyrocketing growth in
apprehensions of unaccompanied alien children [UAC] on our
southern border. Under the latest projections, OMB states DHS
would require an additional $164,547,000 ``to expand base
capabilities such as [CBP] overtime, contract services for care
and support of UACs, and ICE transportation costs''.
These children, ranging in age from 17 years to mere
infants, are primarily coming from El Salvador, Guatemala, and
Honduras. In many instances they are fleeing violence in their
home countries, especially from armed criminal gangs, but in
many others they are being sent for by a parent or guardian who
is already present in the United States. Experts disagree, but
the reality is that many of these children are being sent for
by parents who may be resident in the United States without
legal status but who have an expectation--real or perceived--
that some sort of immigration reform will be enacted and that
they would be better off if the entire family were together in
the United States to obtain the benefits of reform. However,
U.S. Government officials, including the White House and the
Secretary of DHS, have stressed that the children now arriving
at our borders are not eligible for any immigration benefits
under current or currently envisioned law. Indeed, they are
placed into removal proceedings upon being processed and
directed to appear before an immigration court.
The journey through Central America and Mexico can take 1-2
months and can be incredibly dangerous well before even
reaching the U.S. border. Children travel alone, in groups, or
accompanied by a guide or smuggler. Many children travel packed
dangerously on tops of trains, nicknamed ``the beast.'' Many
are physically abused by their guides or others along the way.
Regardless of why these children are coming, the fact
remains that they are--in ever increasing numbers. From 6,500
UACs in fiscal year 2011, and 13,600 in fiscal year 2012, the
number grew to 24,700 in fiscal year 2013. The most cautious
estimates suggest 66,000 UACs will be encountered by the end of
this fiscal year--and more than 145,000 could arrive here in
fiscal year 2015. In May, the Secretary of Homeland Security
declared a ``Level IV Condition of Readiness'' on the Southwest
border indicating the current situation exceeds the manpower
and resources of ICE and CBP, and that other agency resources
are needed to address the problem. He appointed a Federal
coordinator--the Deputy Chief of the Border Patrol--to
coordinate a Governmentwide response. And on June 2, 2014, at
the direction of the President, he appointed the FEMA
Administrator as the Federal Coordinating Official of the
Unified Coordination Group. He will oversee the ``whole-of-
government'' response to this crisis.
In addition to the astronomical increase in unaccompanied
children, the Border Patrol has seen a significant increase in
apprehensions across the Southwest border this year over recent
years. Approximately two thirds of those apprehensions are
occurring in the Rio Grande Valley Sector. For fiscal year 2014
to date (October 1, 2013, to June 1, 2014), the Rio Grande
Valley Border Patrol Sector has apprehended over 162,000
illegal aliens, a 73 percent increase over the same time period
in fiscal year 2013. For the month of May 2014, the Rio Grande
Valley averaged approximately 1,200 apprehensions per day. On
average, 970 of them, or 81 percent, were other-than-Mexican
nationals. The number of adult female apprehensions is up 93
percent over last year, and the number of members crossing as
family units is up even higher, more than 500 percent over last
year.
A number of Department of Defense and other government and
private facilities are being used and/or considered for
conversion into temporary shelters for these children--who have
been placed into removal proceedings which will be reviewed by
an immigration court--as they await proper placement with
foster or other families by the Department of Health and Human
Resources' Office of Refugee Resettlement [ORR].
Border Patrol stations and land ports of entry were never
designed for detaining and caring for children. It is in the
best interests of the child to be held in such facilities for
the shortest period of time possible. And the men and women who
work at these facilities are trained law enforcement personnel,
not social workers. They are trained to apprehend and hold
often dangerous drug traffickers and human smugglers, or to
process visitors and legal cargo entering our ports. Rather
than using law enforcement professionals, who need to be on the
frontlines protecting our borders, DHS is strongly encouraged
to take advantage of the expertise of non-governmental and
other organizations who are experts in the field of child and
family services.
While the administration has not submitted a budget
amendment to address the overwhelming increase in UACs, the
Committee has been able to find other resources to provide
funding above the request to address this humanitarian issue.
Included in the bill is an additional $87,605,000 to fund ICE's
transportation costs of UACs to ORR at HHS. Additionally, there
is $76,942,000 above the request for CBP to meet the costs
identified by the administration for the care and feeding of
these minors while they are in their custody.
The Committee directs DHS, in conjunction with the
Department of State and other U.S. Government departments and
agencies, to work with the governments of Mexico, El Salvador,
Guatemala, and Honduras to better make known the dangers of
children coming to the United States.
With regard to the governments of El Salvador, Guatemala,
and Honduras, DHS shall also increase its efforts with the
State Department to expand information campaigns better
advertising the dangers of heading north and the fact that
these children will not be eligible for any immigration
benefits.
DHS shall, through its ICE attache, work with the
government of Mexico to further assist in breaking up the
smuggling rings that bring these children to our borders.
Finally, the Committee directs CBP and ICE to work with the
consulates of El Salvador, Guatemala, Honduras, and Mexico to
expedite the removal of children who are found ineligible to
receive an immigration benefit or who voluntarily chose to
repatriate to their home country. This would include more
rapidly obtaining travel documents from the consulates.
The Committee directs the Department, jointly with the
Departments of State, Health and Human Services, Justice, and
the Office of Management and Budget, to brief the House and
Senate Committees on Appropriations not later than September
15, 2014, on the U.S. Government's joint actions taken, and
future actions to be taken, regarding this humanitarian crisis.
The briefing shall also include the specific steps taken by
each agency responsible for administering its responsibilities
of the Prison Rape Elimination Act to adhere to the act as it
affects unaccompanied children.
Separately, DHS shall submit electronic reports on a
biweekly basis on the number of UACs CBP encounters, the length
of time they are in CBP's custody before transfer to ORR, and
the cost estimates for CBP to care for UACs during each
reporting period. The reports shall also include data from ICE
on the transportation costs associated with UAC transfer to
ORR, including how many UACs are being transported and by what
means (vehicle, commercial air, charter, or via U.S. Government
asset).
In addition, given the overall increase in apprehensions,
the Committee directs the Department to include operational
statistics on all apprehensions when providing the Committee
with data on UACs. The Department shall keep the Committee
apprised of the impacts of increased apprehensions on border
security and immigration enforcement activities and resource
needs. For example, the Committee understands that the
Department is seeking temporary solutions for detention of
family units and directs the Department to report on the use of
non-CBP/ICE facilities, such as the Federal Law Enforcement
Training Center in Artesia, New Mexico, for family units,
including the average length of stay in detention in these
facilities, the removal status of these individuals, the impact
of the facility's use on the local community, and the impact on
the facility's primary mission. The Committee also directs the
Department to communicate fully and transparently regarding
their current and future plans for the new uses of non-CBP/ICE
facilities with host States and communities. The Committee
further urges the Department to avoid imposing financial
burdens on those States and communities as a result of new uses
of such facilities.
Finally, a new general provision has been included in the
bill directing OMB and DHS to ensure that budget documents
submitted with the fiscal year 2016 budget include, among other
items, estimates of UACs anticipated to be apprehended during
the fiscal year and the number of agent or officer hours
required to process, manage, and care for such children.
ADMINISTRATIVELY UNCONTROLLABLE OVERTIME
On January 27, 2014, the Secretary announced interim
measures concerning administratively uncontrollable overtime
[AUO]. He recognized the pervasive, and frequently
inappropriate, use of overtime to supplement the basic pay of
certain DHS employees, especially in the Border Patrol and the
National Protection and Preparedness Directorate. As a follow-
up, on May 23, 2014, the Deputy Secretary charged the heads of
a number of DHS components to improve AUO administration within
their payroll and human resources systems and announced a DHS-
wide solution to the longstanding problem of inconsistent
policies and procedures across the Department's components. The
Committee expects to be regularly updated as this process moves
forward.
REPORTING REQUIREMENTS
The Committee is fully aware that congressionally required
reports and expenditure plans can be time-consuming endeavors
involving a commitment of personnel and leadership attention.
However, the information contained in these documents is
essential for the Committee to serve its role as overseer of
the Federal purse and to ensure better management of government
spending. While the Department has improved its overall
performance in getting these documents to the Committee near
their required due dates, some of the more high profile reports
have been significantly delayed, or in certain cases, ignored
completely. The Coast Guard's Capital Investment Plan, which
was due with the submission of the fiscal year 2015 budget, was
received by the Committee more than 3 months after it was due,
the latest this information has ever been provided since it was
first mandated in fiscal year 2006. Quarterly updates on Jones
Act violations have not been received, nor has a report
required in the fiscal year 2013 act examining the
consolidation of offices focused on detecting weapons of mass
destruction. Reports on ICE deportations and another on border
security statistics were received 2 years after the required
due date, minimizing the value of their contents. Whatever the
causes are for the delays in getting required information to
the Committee, the expectation is that the Department's
performance will improve. In certain circumstances, a
significant portion of a component's appropriation is withheld
from obligation until the required report is submitted. Sadly,
this seems to be the only measure that incentivizes the
Department to improve upon its poor performance. In an effort
to reduce the Department's burden on congressional reports,
several requirements that are no longer necessary or redundant
have been discontinued.
QUARTERLY REPORTS OF OPERATIONAL STATISTICS
The Committee continues its requirement that the Department
submit quarterly Border Security Status and Detention and
Removal Operations reports, as directed in prior years. In an
era of supposed Government transparency, this data should be
readily available to the Committee and the public. However, the
Department has failed to meet any of these basic expectations.
The Committee received the Border Security Status Report for
the first quarter of fiscal year 2013 just 1 month ago--a
report covering operational data for a period that closed 17
months before and long after many of these same statistics had
been published by DHS. This delay is unacceptable. The
Committee expects the new Secretary to meet his commitment to
Congress of timely responses to congressional reports and
inquiries.
The Committee expects the Department and all of its
relevant components to support efforts to enhance migrant
lifecycle data and the ability to report on illegal entrants
from apprehension or arrest through final disposition, working
with the Department of Justice's Executive Office for
Immigration Review. The Department is encouraged to charter a
working group to take a programmatic look at this issue.
Additionally, the Committee encourages the Department, working
with the Departments of Justice, State, and Health and Human
Services, to study the ability of DHS information sharing
systems, such as the DHS Data Framework and Homeland Security
Information Network, to support this capability. The Committee
directs the Department and all the relevant components to brief
the Committee on its migrant lifecycle data effort and related
efforts to improve its operational immigration and border
security data reporting, including potential solution, cost and
schedule considerations, not later than 90 days after the date
of enactment of this act.
STRENGTHENING DHS UNITY OF EFFORT
The Committee is supportive of the new Secretary's desire
to improve the Department's planning, programming, budgeting,
and execution process. To that end, the Secretary has
identified several areas of emphasis for review, such as the
management process for investments; strategy, planning, and
analytical capability; and enhancement of coordinated
operations. The Committee recognizes that this is an evolving
effort, but expects frequent updates on progress and adoption
of new policies, procedures, and guidelines.
EXPENDITURE PLANS
The bill includes language directing the Secretary to
submit expenditure plans to the Committee with the submission
of the President's fiscal year 2016 budget request for the
Offices of Policy, Intergovernmental Affairs, Civil Rights and
Civil Liberties, Citizenship and Immigration Services
Ombudsman, and Privacy. Each plan shall include details on:
staffing by programmatic function area, expenses, contracts,
obligations, funds by sub-offices (if appropriate), and how
resources are aligned to specific activities and initiatives in
fiscal year 2015 and proposed for fiscal year 2016.
EVOLVING THREATS
The demands on the Department of Homeland Security continue
to grow as the threats from terrorism persistently evolve.
Whether it is homegrown terrorism; cyber intrusions;
biological, chemical, or nuclear attacks; food tampering;
surgically implanted explosives; animal diseases; or varying
locations and means for crossing our borders (such as tunnels
or ultra-light aircraft), the Department must be able to
respond and adapt swiftly to interdict these threats at the
earliest point possible. Further, naturally occurring events
put our Nation at risk. Severe storms and wildfires are growing
more frequent and larger, and earthquakes threaten major
population areas, posing a risk to critical infrastructure. DHS
is to continue quarterly threat briefings to the Committee on
how it is addressing these evolving threats.
INTERNATIONAL COSTS
A recent summary of the Department's DHS attache costs
revealed an annual budget of $418,983,402 to support nearly
1,500 positions in international locations. This is up from
$357,429,275 and 1,200 positions in fiscal year 2014. While the
Committee recognizes the importance of the Department's
activities abroad, today's constrained budget environment and
the growing costs imposed by the State Department demand a more
critical look at its international footprint, including the
costs necessary to support this work. The Committee directs the
Department to examine these costs and develop a plan to reduce
international costs by 10 percent in fiscal year 2015. The
Department is to brief the Committee not later than 60 days
after the date of enactment of this act on this plan including
efforts to reduce unnecessary overlap and redundancies in its
attache laydown while maintaining a strong presence
internationally.
DEPARTMENTAL INTEGRITY EFFORTS
The Committee maintains a strong interest in enhancing the
investigative relationship between the OIG and CBP regarding
corruption investigations. However, given the recent personnel
changes in CBP's Office of Internal Affairs, the Committee
directs the Deputy Secretary, jointly with the OIG, CBP, and
ICE, to submit a status update report, not later than 60 days
after the date of enactment of this act, outlining the specific
steps being taken to further address the process for
investigating cases of corruption of DHS employees, and outline
the plan to address, as a unified DHS, the engagement of DHS
with the Department of Justice's Border Corruption Task Forces.
RECEPTION AND REPRESENTATION EXPENSES
Within the total amount recommended for the Office of the
Secretary and Executive Management, up to $45,000 is included
for reception and representation expenses. The Department is
directed to submit quarterly reports to the Committee listing
obligations for all DHS reception and representation expenses
by purpose and dollar amount, at a level of detail provided in
fiscal year 2014 and 2015, or in greater detail if that is
required to explain how funds were used. In recognition of a
more constrained budget environment and to limit opportunities
for waste and abuse, the Committee maintains the 12 percent
reduction implemented over the past two fiscal years for
reception and representation expenses. The Department shall
refrain from using funds available for reception and
representation to purchase unnecessary collectables or
memorabilia.
OVERHEAD COSTS
The Department should continue to seek to reduce operating
expenses by placing greater scrutiny on overhead costs and
looking at creative ways to achieve efficiencies. For instance,
risk-based security measures at TSA and the deployment of
higher throughput screening technologies have begun to yield
real savings in the agency's operational budget. The Department
should be commended for this achievement and strive to
streamline where it makes the most sense. For example, field
personnel could take more advantage of mobile technology and
automation to reduce labor-intensive and paper-based incident
reporting. This would also have benefits to operations, such as
facilitating a near real-time picture of operations for field
and headquarters leadership. The Committee directs the
Department to provide a briefing on the cost reductions
achieved by the Department in fiscal year 2014 and its plan to
reduce overhead costs within 60 days after the date of
enactment of this act to include the areas identified in
Executive Order 13589 as well as consolidating and reducing
administrative support personnel, as appropriate; consolidating
and reducing contractor support, as appropriate; taking
advantage of mobile technology and automation to reduce certain
support personnel needs; and better managing and reducing
overtime costs.
PUBLIC ACCESS TO FEDERALLY FUNDED RESEARCH
In February 2013, the Office of Science and Technology
Policy issued guidelines on increasing public access to the
results of federally funded scientific research. Given the
importance of the research funded by the Science and Technology
Directorate and the Domestic Nuclear Detection Office, the
Committee encourages the Department to expeditiously comply.
DHS is to brief the Committee not later than 30 days after the
date of enactment of this act on its efforts and internal
policies established to comply with these guidelines.
ILLEGAL TRAFFICKING OF WILDLIFE AND OTHER NATURAL RESOURCES
The Committee notes the recent increase of illegal trade in
rhinoceros horns, elephant ivory from Africa, and illegally
harvested timber, the large sums of money that these products
command on the black market, and the linkages between illegal
wildlife and natural resources trafficking and other
transnational organized crimes (including trafficking in
narcotics, arms, and humans). These activities threaten the
stability and development of African countries and pose a
threat to U.S. security interests. The Committee is pleased
with the Department's membership on the Presidential Task Force
on Wildlife Trafficking that was established by Executive order
on July 1, 2013. The Committee agrees that the connections
between trafficking in illegal wildlife and natural resources
and financing of groups pose a threat to the United States. The
Committee directs the Secretary to submit a status update
report, not later than 180 days after the date of enactment of
this act, outlining the specific steps being taken by the
Department to further address wildlife trafficking and illegal
natural resources trade, the engagement of DHS with the
Presidential Task Force on Wildlife Trafficking, including
steps to improve coordination with the U.S. Fish and Wildlife
Service Office of Law Enforcement, steps taken by DHS to
implement the National Strategy on Wildlife Trafficking, and
what resources have been aligned to activities and initiatives
to address wildlife and natural resources trafficking.
LIBERIAN DEFERRED ENFORCED DEPARTURE
The Committee is aware that the current extension of
Deferred Enforced Departure [DED] for Liberians displaced by
that country's former armed conflict and widespread civil
strife expires on September 30, 2014. The Department of
Homeland Security is encouraged to work with the Executive
Office of the President and the Department of State to move
expeditiously on considering an extension of DED for qualifying
Liberians.
TAX-BASED CITIZENSHIP RENUNCIANTS
Under section 212(a)(10)(E) of the Immigration and
Nationality Act, the Department of Homeland Security has the
authority to deny admission to former U.S. citizens that are
deemed to have expatriated for purposes of tax avoidance. In
over a decade, the Department has not issued regulations nor
has it undertaken any significant steps to enforce this
provision. The Committee directs the Secretary to report within
90 days on the steps the Department is undertaking to enforce
this law, including a schedule for issuing guidance or
regulations, if necessary.
COST SAVINGS ON VEHICLE PARTS
The Committee encourages the Secretary to promote the use
of remanufactured vehicle parts in place of new parts when they
are the most cost effective alternative and when doing so would
not delay vehicle repair or reduce performance quality.
TEXTILE PRODUCTS
Section 604 of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5) contains restrictions on the
Department's acquisition of certain foreign textile products.
Consistent with the Department's conclusion that section 604 is
permanent law, the Committee expects DHS to maintain compliance
with its statutory requirements.
CRIMEA
The Committee remains concerned about the Russian
aggression in Ukraine, Russia's illegal annexation of Crimea,
and Russia's illegal and unacceptable efforts to exploit stolen
Crimean resources, and urges that none of the funds in this act
be used to recognize, or imply recognition, of the sovereignty
of the Russian Federation over Crimea, its territory, airspace,
or territorial waters.
STOLEN AND LOST TRAVEL DOCUMENTS
The Committee is concerned that only a few countries use
INTERPOL's Stolen/Lost Travel Document [SLTD] database to run
against international airline passenger information. CBP is the
world's largest user of this information, an effort that took
several years to develop but which has had positive results. In
fiscal year 2013, CBP issued nearly 500 ``no board''
recommendations based on stolen and lost document data for
individuals seeking to board flights bound for the United
States, including foreign nationals using lost or stolen U.S.
passports. The Committee directs the Office of Policy, in
conjunction with CBP and INTERPOL, to issue an annual report on
use of the SLTD database.
AMMUNITION
In fiscal year 2014, a general provision was included in
Public Law 113-76 requiring the Secretary to report on the
purchase and usage of ammunition by the Department with the
submission of the President's budget. Because this is permanent
law, this language has not been retained; however, the
Committee expects receipt of this report with the fiscal year
2016 request as required by section 569 of Public Law 113-76.
DISCONTINUED REPORTS
The Committee no longer requires the Secretary to submit
quarterly updates on user fees as originally directed in the
conference report accompanying Public Law 111-83. Additionally,
the Department is no longer required to report semiannually to
the Committee on the current projects tasked to Federally
Funded Research and Development Centers. The information
contained in these reports may be requested of the Department
as part of the Committee's normal oversight responsibilities.
Office of the Under Secretary for Management
Appropriations, 2014.................................... $196,015,000
Budget estimate, 2015................................... 195,286,000
Committee recommendation................................ 192,692,000
The Under Secretary for Management oversees management and
operations of the Department, including procurement and
acquisition, human capital, and property management. The
specific activities funded by this account include the
Immediate Office of the Under Secretary for Management, the
Office of the Chief Security Officer, the Office of the Chief
Procurement Officer, the Office of the Chief Human Capital
Officer, and the Office of the Chief Readiness Support Officer.
COMMITTEE RECOMMENDATION
The Committee recommends $192,692,000 for the Under
Secretary for Management. This is $2,594,000 below the amount
requested and $3,323,000 below the amount provided in fiscal
year 2014. Of this amount, the Committee recommends not to
exceed $2,250 for official reception and representation
expenses. The Committee's recommendation includes funding for
oversight of major acquisitions, recruitment and development of
a skilled workforce, and security measures to safeguard DHS
personnel, property, facilities, and information. The Committee
supports the one-DHS concept, which can only be executed when
such missions are appropriately funded. Effective government is
not accomplished through excessive funding cuts for these
essential capabilities.
The recommendation provides $8,000,000 for the Human
Resource Information Technology Program, $185,000 above the
fiscal year 2014 enacted level and $1,878,000 below the
request. The reduction below the request reflects available
carryover balances for the program.
The specific levels recommended by the Committee, as
compared to the fiscal year 2014 and budget request levels, are
as follows:
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Immediate Office of the Under Secretary for Management.... 2,700 2,757 2,740
Office of the Chief Security Officer...................... 64,000 63,597 63,391
Office of the Chief Procurement Officer................... 65,000 64,036 63,726
Office of the Chief Human Capital Officer:
Salaries and Expenses................................. 22,000 21,253 21,156
Human Resources Information Technology Program........ 7,815 9,878 8,000
Office of the Chief Readiness Officer:
Salaries and expenses................................. 30,000 29,272 29,186
Nebraska Avenue Complex............................... 4,500 4,493 4,493
-----------------------------------------------------
Total, Office of the Under Secretary for Management. 196,015 195,286 192,692
----------------------------------------------------------------------------------------------------------------
COMPREHENSIVE AND QUARTERLY ACQUISITION STATUS REPORTS
In order to obtain the information necessary for in-depth
congressional oversight, statutory language is included in this
act that requires a Comprehensive Acquisition Status Report to
be included as part of the submission of the President's fiscal
year 2016 budget, with quarterly updates to be submitted 45
days after the completion of each quarter. The requirements for
the reports are described in House Report 112-331.
PROCUREMENT PROCESS
The Committee commends the Department for its renewed
interest and efforts to formalize a joint requirements process
and continue to provide greater rigor and oversight of major
acquisitions. While that focus on requirements and major
acquisitions is critical, it is clear that DHS is not
effectively managing what should be more routine contract
actions. The Committee consistently hears complaints and
frustration from industry, DHS program managers, DHS contract
officials, and DHS budget personnel about the lack of strategy
associated with how DHS approaches many of its procurements;
the bureaucratic issues that drive how procurements move or
fail to move to award; the lack of communication among those
involved in the process; and how unreliable DHS acquisition
forecasts are. As a result, resources are wasted, good people
leave DHS, and the mission suffers.
In order to more effectively meet mission needs, as well as
institute more transparent and streamlined procurement
processes, the Committee directs the Under Secretary for
Management to outline the entire procurement process from need
identification to contract award, extension, or modification,
including any protest actions or other delays. This effort
shall include identifying the accountable program or contract
personnel responsible for each step and setting goals for the
time each step should take. The Under Secretary shall brief the
Committee not later than 180 days after the date of enactment
of this act on how DHS will approach this effort, including how
the process will be segmented as well as the cost and schedule
for this effort. The Committee believes that by shedding light
on the procurement process, DHS can facilitate improvements
that will reduce the cost overruns from delays, and
uncertainty; give DHS programs, customers, suppliers, and
industry better insight into DHS' needs and schedules; and
deliver mission needs in a timely, efficient manner.
The Department has made strides in designating component
acquisition executives [CAE] to facilitate improvements in
acquisition strategy across the Department. However, in many
components, it appears that procurements are run separately
from the organization where the CAE sits, which may limit the
CAE's authority to address many of the procurement issues
outlined above. The Committee directs the Under Secretary to
consider the most effective use of the CAEs in instituting more
transparent, streamlined procurement processes.
The Committee encourages the Under Secretary for Management
to examine whether level one acquisition programs within DHS
are actually being managed by appropriately certified program
managers and how this is impacting performance. The 180 day
briefing by the Under Secretary on the contracting process
shall include a discussion of this issue and what steps, if
any, are being taken to address it.
GAO REVIEW OF SELECTED DHS MAJOR ACQUISITION PROJECTS
While DHS continues to make progress to improve oversight
and accountability throughout the agency, acquisition
management remains on the GAO ``high risk'' list. The Committee
requests that GAO develop a plan for ongoing reviews of DHS'
major acquisition projects. This plan should include an
assessment of the extent to which the programs are on track to
meet cost, schedule, and capability goals; the status of
testing; and any common risks and challenges the Department
faces in managing its large acquisition projects. The
Department shall provide access to all necessary data, as
determined by GAO, in order for the reviews to be completed and
provided in a timely manner to the Committee. The Committee
believes that these GAO reviews will be valuable in identifying
cost overrun and schedule slippage problems early, so they can
be addressed immediately.
HIRING DELAYS
The Committee is concerned with the length of time it takes
to hire an employee at several DHS components. According to
information from the Office of Personnel Management, the
average number of days to hire an employee at DHS was 146 days
in 2013, while the Government-wide average was 90 days. Certain
areas of concern are with the Department's law enforcement
components such as CBP and the United States Secret Service
where, on average, it takes 278 days and 327 days,
respectively, to hire an employee. Non-law enforcement hires at
the headquarters level take 106 days on average and 198 days
for senior executive employees. The President's 2010 memorandum
on improving the Federal Hiring and Recruitment process said
that ``Americans must be able to apply for Federal jobs through
a commonsense hiring process and agencies must be able to
select high-quality candidates efficiently and quickly.''
Unless the Department improves upon its lengthy hiring process,
the best and brightest candidates will more than likely choose
other Federal agencies or opt for the private sector. DHS is to
report to the Committees not later than 60 days after the date
of enactment of this act on its strategy to decrease the number
of days it takes to hire and report quarterly on time to hire
statistics by component.
HEADQUARTERS CONSOLIDATION
A general provision is included in the bill providing
$48,600,000 for the ``Office of the Under Secretary for
Management'' for costs associated with headquarters
consolidation and mission support consolidation. The Under
Secretary shall submit an expenditure plan no later than 90
days after the date of enactment of this act detailing how
these funds will be allocated, including a revised schedule and
cost estimates for headquarters consolidation. Quarterly
briefings are required on headquarters and mission support
consolidation activities, including any deviation from the
expenditure plan.
Office of the Chief Financial Officer
Appropriations, 2014.................................... $46,000,000
Budget estimate, 2015................................... 94,626,000
Committee recommendation................................ 48,213,000
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. This account funds the Budget Division, Office of
Financial Operations, Office of Program Analysis and
Evaluation, Office of Financial Management, Resource Management
Transition Office, and the Office of the Government
Accountability Office/Office of Inspector General Audit
Liaison.
COMMITTEE RECOMMENDATION
The Committee recommends $48,213,000 for the Office of the
Chief Financial Officer [OCFO]. This is $46,413,000 below the
amount requested and $2,213,000 above the amount provided in
fiscal year 2014.
The recommendation includes $39,500,000 for Financial
Systems Modernization as a general provision in title V of this
act, $5,870,000 below the request. The reduction below the
request is due to program delays that have occurred since the
budget request was formulated.
The recommendation reduces the request for personnel
compensation right sizing by $847,000. Reductions made in prior
years were not considered temporary and are a reflection of a
declining discretionary funding base for DHS and the
Committee's intent to focus limited resources on the
Department's critical operational missions.
The Committee includes the requested increase to improve
the Department's capacity to evaluate capability gaps,
prioritize mission needs, and inform tradeoffs in the
allocation of program resources. The OCFO, with the Office of
Policy and Science and Technology Directorate are to keep the
Committee apprised of these efforts.
COST OF LIVING ADJUSTMENT
The Committee assumes the cost of living adjustment for
civilian employees across the Department will be absorbed
within amounts appropriated in this act.
FINANCIAL SYSTEMS MODERNIZATION
For the first time, the Department achieved an unmodified
(clean) opinion on all of its financial statements in 2013.
While this is a significant achievement that should be
applauded, the Department's independent auditor identified
several deficiencies, four of which were considered material
weaknesses. That is why the Department must continue to improve
the reliability and transparency of its financial data. The DHS
OIG, in response to the independent audit recommended that OCFO
``continue the Financial Systems Modernization initiative, and
make necessary improvements to the Department's financial
management systems and supporting IT security controls.'' In
that regard, DHS is to maintain frequent communications with
the Committee on financial management improvement plans
necessary to support the Department's missions, including total
resource requirements by fiscal year and a timeline for
implementation with discrete milestones.
UNAUTHORIZED FEES
The Committee has included a new general provision to
address the executive branch's practice of submitting budgets
that assume additional offsetting collections from unauthorized
fee increases. This year, the budget assumes the collection of
$570,000,000 in new aviation security fees that have not been
authorized. As a result, the Committee is forced to offset
these unauthorized fees with scarce discretionary budget
authority. The Committee expects this practice to end and has
included language prohibiting funding for personnel who prepare
or submit appropriations language as part of the President's
budget submission that assumes revenues or reflects a reduction
from the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the budget
unless the budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the convening of a committee
bill or conference for the fiscal year 2016 appropriations act.
PAY REFORM
The Department has proposed two changes to certain
components' pay structures after the fiscal year 2014 bill was
enacted. While the Committee recognizes that the Department has
the authority to make these adjustments, it expects to be kept
informed of these initiatives before they occur. Therefore, the
bill includes a general provision prohibiting the obligation of
funds for any new structural pay reform that affects more than
100 employees or costs more than $5,000,000 in a single year
without a 30-day notification period to the Committee.
BUDGET EXECUTION AND STAFFING REPORT
The Committee continues a general provision requiring the
Department to continue to submit to the House and Senate
Committees on Appropriations a monthly budget execution report
showing the status of obligations and costs for all components
of the Department and on-board staffing levels (Federal
employees and contractors). The report shall include the total
obligational authority appropriated (new budget authority plus
unobligated carryover), undistributed obligational authority,
amount allotted, current year obligations, unobligated
authority (the difference between total obligational authority
and current year obligations), beginning unexpended
obligations, year-to-date costs, and ending unexpended
obligations. This budget execution information is to be
provided at the level of detail shown in the tables displayed
at the end of this report for each departmental component and
the Working Capital Fund. The report is to be submitted no
later than 30 days after the close of each month.
EXPENDITURE PLANS
The Committee continues requiring expenditure plans for
specific DHS programs. These plans are intended to provide
Congress with information to effectively oversee a particular
program and hold the Department accountable for program
results. Expenditure plans required by the Committee shall
include, at a minimum: a description of how the plan satisfies
any relevant legislative conditions; planned capabilities and
benefits; cost and schedule commitments; measures of progress
against commitments made in previous plans; how the program is
being managed to provide reasonable assurance that the promised
program capabilities, benefits, and cost and schedule
commitments will be achieved; historical funding for the
program, if applicable; and an obligation and outlay schedule.
ANNUAL BUDGET JUSTIFICATIONS
The Chief Financial Officer is directed to ensure that
fiscal year 2016 budget justifications for classified and
unclassified budgets of all Department components are submitted
on February 3, 2015, concurrent with the President's budget
submission to Congress. The justifications shall include:
--Detailed data and explanatory descriptions for each
appropriations request and for each PPA reflected in
the table accompanying this statement, including
offices that have been identified as PPAs. Information
regarding actual and planned accomplishments should be
in quantifiable terms and demonstrate a direct
relationship to funding;
--Tables that reflect actual and estimated funding by PPA for
fiscal years 2015 and 2016; identify each increase,
decrease, transfer, and staffing change proposed in
fiscal year 2016; and explain such year-to-year changes
in terms that are clear and unambiguous, and exclude
nonspecific terms such as ``technical adjustment'' or
``administrative savings'' unless accompanied by a
detailed explanation. To establish a common baseline
reference, the fiscal year 2015 discretionary data
shall tie to the fiscal year 2015 discretionary total
in the table accompanying this statement or have a
table identifying each change. Explanations of
adjustments to base funding, whether increases or
decreases, should be specific and compared to prior
year activity level not merely the entire PPA level,
and programmatic changes and initiatives should be
clearly identified and justified;
--For each PPA that is comprised of acquisition and
procurement activity, the justification should address
all proposed spending using a zero-based budget
description;
--Information by appropriations account and PPA on all
reimbursable agreements and significant uses of the
Economy Act for each fiscal year;
--An accurate detailed table identifying the last year that
authorizing legislation was enacted into law for each
appropriation PPA, including the amount of the
authorization, when the authorization expires, and the
appropriation in the last year of authorization;
--The text and citation of all Department appropriations
provisions enacted to date that are permanent law;
--Explanations and justifications for all proposed
legislative language changes, whether they are new or
amend existing law, whether they are substantive or
technical in nature, with an annotated comparison of
proposed versus existing language; and
--A report on the status of overdue Committee reports, plans,
and briefings for each of fiscal years 2014 and 2015.
The Committee also expects the OCFO to monitor the overuse
of funding realignments by the Transportation Security
Administration and the National Protection and Programs
Directorate. The annual budget restructuring by these
components creates a budget maze that makes it difficult to
maintain proper oversight of appropriations.
FUTURE YEARS HOMELAND SECURITY PROGRAM
A statutory provision is included requiring the Secretary
to submit a Future Years Homeland Security Program budget as
part of the fiscal year 2016 budget justification. The report
is to display funding by appropriation account and subordinate
program, project, or activity. The report shall be in
unclassified form so as to be accessible to the general public.
Having a forward-looking budget forecast provides a reasonable
understanding of future program and acquisition needs and the
proportionate resources needed to execute the Department's
mission of protection and defense of the homeland, as well as
emergency planning and response.
Office of the Chief Information Officer
Appropriations, 2014.................................... $257,156,000
Budget estimate, 2015................................... 256,343,000
Committee recommendation................................ 254,001,000
The Office of the Chief Information Officer is responsible
for oversight of information technology [IT] development,
oversight of IT acquisition, alignment of IT systems and
infrastructure to the enterprise architecture to support the
missions and activities of the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommends $254,001,000, of which $95,078,000
is for salaries and expenses, and $158,923,000 is to be
available through fiscal year 2016 for Department-wide
technology investments overseen by the Office of the Chief
Information Officer [OCIO]. The recommendation is $2,342,000
below the amount requested and $3,155,000 below the amount
provided in fiscal year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
OFFICE OF THE CHIEF INFORMATION OFFICER
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses..................................... 115,000 95,444 95,078
Information technology services........................... 34,000 38,627 38,627
Infrastructure and security activities.................... 45,000 52,140 52,140
Homeland security data network............................ 63,156 70,132 68,156
-----------------------------------------------------
Total, Office of the Chief Information Officer...... 257,156 256,343 254,001
----------------------------------------------------------------------------------------------------------------
MULTIYEAR INVESTMENT PLAN
The Committee includes bill language requiring a multiyear
investment plan be submitted to the Committees on
Appropriations with the fiscal year 2016 budget submission to
Congress. As the OCIO develops the fiscal year 2016 plan, it
shall take proper stock of all IT investments and identify and
adopt best practices, such as those identified by GAO in an
October 2011 report, GAO-12-7, to encourage proper management
of these investments.
INFRASTRUCTURE AND SECURITY ACTIVITIES
The Committee recommendation includes $52,140,000, for
development and acquisition of IT equipment, software,
services, and related activities. The Committee believes the
OCIO leads and manages efforts vital to the continued
modernization of the Department's IT infrastructure.
The Committee is pleased with the Department's leadership
in data center consolidation. The Committee agrees with the
Department's position that these efforts will lead to
operational efficiencies, reduced geographic footprint, data
sharing synergies, reduced energy consumption, and clarity of
mission throughout the Department. The Committee understands
that the Department has successfully consolidated 18 out of 42
major data centers and has sufficient resources to complete all
42. Although no funding is requested in fiscal year 2015 to
continue the migration project, due to unanticipated
efficiencies in migration, the Committee requests that the
Department make it aware of any resources not yet provided but
which are needed to complete the consolidation.
SHARING AND SAFEGUARDING CLASSIFIED INFORMATION
The recommendation includes $26,024,000 to implement
information sharing and safeguarding measures to protect
classified national security information. This is necessary in
order to be compliant with measures resulting from Executive
Order 13587--Structural Reforms to Improve the Security of
Classified Networks and the Responsible Sharing and
Safeguarding of Classified Information. The OCIO is to brief
the Committee by April 15, 2015, on the implementation
strategy, development schedule, and milestones for improving
the protection of national security information held by the
Department. The Committee also expects any structural reforms
to be consistent with appropriate protections for privacy and
civil liberties.
FEE-FOR-SERVICE
The Committee understands that DHS has a plan for
consolidation and adoption of shared services across the
Department. The Committee recognizes that other Departments
have established a Fee-for-Service Shared Services Center that
offers software design, development, and sustainment for other
Federal agencies, and State and local government. The Committee
urges the DHS CIO to look into all possible shared service
models, including the Fee-for-Service model, to garner all
potential efficiencies and cost savings as it begins
implementing shared services across the Department.
MAJOR IT PROJECT SPENDING
The Committee continues to be concerned with several large
DHS IT projects that have experienced lengthy delays, cost
overruns, and bureaucratic bottlenecks. DHS has spent years
attempting to improve major IT programs that are critical to
the homeland security mission, such as FEMA's Logistics Supply
Chain Management System, ICE's Student And Exchange Visitor
Information System, and TECS modernization. However, despite
the significant investment of taxpayer dollars in these
efforts, the Department has been unable to produce timely
results and millions of dollars have been wasted. These
programs have suffered from improper requirements management,
poor contractor performance, inadequate change management
procedures, and poor coordination with stakeholders. The
Committee directs the OCIO to be actively involved in either
getting these projects back on track or finding a different
solution. The OCIO is to brief the Committee not later than 60
days after the date of enactment of this act on the plan
forward to ensure these programs are meeting the operational
needs of the Department in an efficient and cost-effective
manner.
Analysis and Operations
Appropriations, 2014.................................... $300,490,000
Budget estimate, 2015................................... 302,268,000
Committee recommendation................................ 295,269,000
The account supports activities to improve the analysis and
sharing of threat information, including activities of the
Office of Intelligence and Analysis [I&A] and the Office of
Operations Coordination.
COMMITTEE RECOMMENDATION
The Committee recommends $295,269,000 for Analysis and
Operations. This is $6,999,000 below the amount requested and
$5,221,000 below the amount provided in fiscal year 2014. The
details of these recommendations are included in a classified
annex accompanying this report.
DHS INTELLIGENCE EXPENDITURE PLAN
The Committee requires the Department's Chief Intelligence
Officer to brief the Committee on the I&A expenditure plan for
fiscal year 2015 no later than 60 days after the date of
enactment of this act. The plan shall include the following:
--fiscal year 2015 expenditures and staffing allotted for
each program as compared to fiscal years 2013 and 2014;
--all funded versus on-board positions, including Federal
FTE, contractors, and reimbursable and nonreimbursable
detailees;
--a plan, including dates or timeframes for achieving key
milestones;
--allocation of funding within each PPA for individual
programs and a description of the desired outcomes for
fiscal year 2015; and
--actions taken to address the recommendations in GAO report
(GAO-14-397), ``Additional Actions Needed to Address
Analytic Priorities and Workforce Challenges''.
STATE AND LOCAL FUSION CENTERS
The Committee directs I&A to continue semiannual briefings
on the State and Local Fusion Centers program.
Office of Inspector General
Appropriations, 2014\1\................................. $115,437,000
Budget estimate, 2015\1\................................ 121,457,000
Committee recommendation\1\............................. 118,617,000
\1\Excludes $24,000,000 made available from the FEMA Disaster Relief
Fund.
This account finances the Office of Inspector General's
activities, including audits, inspections, investigations, and
other reviews of programs and operations of the Department of
Homeland Security to promote economy, efficiency, and
effectiveness and to prevent and detect fraud, waste, and
abuse.
COMMITTEE RECOMMENDATIONS
The Committee recommends $118,617,000 for the Office of
Inspector General [OIG], $2,840,000 below the comparable amount
requested and $3,180,000 above the amount provided in fiscal
year 2014. In addition, the Committee includes bill language
transferring $24,000,000 requested by the OIG for audits and
investigations related to natural disasters from the Disaster
Relief Fund [DRF]. The Committee supports the budget request
for training and investments to upgrade the capabilities and
morale of the OIG workforce. The Committee has reduced the
level of OIG funding from the budget request due to the
expiration of the 7-year comprehensive auditing period,
directed by the 9/11 Commission Act of 2007, which required
audits of every U.S. State and territory receiving grants under
the Urban Area Security Initiative or the State Homeland
Security Grant Programs.
The Committee directs the Inspector General to submit a
plan of expenditure for all funds no later than 30 days after
the date of enactment of this act. For fiscal year 2016 and
thereafter, OIG shall submit a detailed expenditure plan with
its annual budget justification documents. The plan shall
include: (1) expenditures of each office within the OIG,
including the Offices of Audits, Integrity and Quality
Oversight, Emergency Management Oversight, Investigations,
Information Technology Audits, Management and Inspections; (2)
the number of FTE on board; (3) the number of FTE vacancies and
a timetable to fill those vacancies; (4) budget detail by
function areas such as travel, rent, office supplies, and
equipment costs; and (5) details on how resources are aligned
to specific activities and initiatives in fiscal year 2015 as
well as proposed for fiscal year 2016. Finally, the spend plan
shall also include all DRF transfers (which shall satisfy the
requirements for notification of DRF transfers under section
503 of this act).
FEMA AUDITS
The Committee notes the continuing process for FEMA and the
OIG to identify preventative measures to eliminate waste,
fraud, and abuse; and expects specific solutions and measurable
results within fiscal year 2015.
INTEGRITY OVERSIGHT
The Committee remains concerned about the potential for
increased corruption due to the rapid hiring in CBP and ICE
since fiscal year 2005. Incidents continue to highlight the
need for integrity oversight. To avoid corruption and
misconduct, it is imperative that all officers and agents,
especially new hires, receive comprehensive training in ethics
and public integrity. The OIG provides ethics training to all
agencies and is in charge of investigating all allegations of
criminal misconduct throughout the Department. It is essential
that the OIG, CBP, and ICE work jointly and cooperatively to
combat corruption. The Committee has made a deliberate effort
in the past several appropriations acts to provide additional
funding specifically for integrity investigations. The
Committee directs OIG to submit an expenditure plan of
integrity oversight funds in coordination with CBP and ICE,
which shall be submitted along with its annual expenditure
plan.
CONFERENCES AND SPECIAL EVENTS
The Committee continues the requirement for OIG to report
to the Committees not later than 30 days after the end of
fiscal year 2015 on DHS spending on conferences, ceremonies,
and similar events, based on quarterly reporting to OIG. The
report shall substantiate DHS compliance with all applicable
laws and regulations and describe in detail the total costs to
the Government associated with events. It shall include the
number of conferences held, the amount of funds obligated, and
expenses by appropriation or other source of funding, including
budget accounts and subaccounts used to pay for events.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
SUMMARY
U.S. Customs and Border Protection is responsible for
enforcing laws regarding admission of foreign-born persons into
the United States, and ensuring that all goods and persons
entering and exiting the United States do so legally.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of
$12,567,478,000, including direct appropriations of
$10,683,584,000 and estimated fee collections of
$1,883,894,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 8,145,568 8,326,386 8,320,391
Small airport user fee................................ 5,000 9,000 9,000
Automation modernization.............................. 816,523 812,410 806,699
Border Security Fencing, Infrastructure, and 351,454 362,466 362,466
Technology [BSFIT]...................................
Air and Marine operations............................. 805,068 708,685 706,569
Construction and facilities management................ 456,278 482,205 478,459
-----------------------------------------------------
Total, Appropriations............................... 10,579,891 10,701,152 10,683,584
=====================================================
Estimated fee collections:
Immigration inspection user fee....................... 598,552 630,218 630,218
Immigration enforcement fines......................... 773 752 752
ESTA.................................................. 55,168 54,929 54,929
Land border inspection fee............................ 42,941 43,931 43,931
COBRA fee............................................. 500,134 482,501 482,501
APHIS inspection fee.................................. 355,216 464,514 464,514
Global entry user fee................................. 34,835 91,192 91,192
Puerto Rico Trust Fund................................ 98,602 98,076 98,076
Virgin Island fee..................................... 11,302 11,789 11,789
Customs Unclaimed Goods............................... 5,992 5,992 5,992
-----------------------------------------------------
Total, Estimated fee collections.................... 1,703,515 1,883,894 1,883,894
=====================================================
Total, U.S. Customs and Border Protection, available 12,283,406 12,585,046 12,567,478
funding............................................
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
Appropriations, 2014.................................... $8,145,568,000
Budget estimate, 2015................................... 8,326,386,000
Committee recommendation................................ 8,320,391,000
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 Fee.--CBP collects user fees to
fund the costs of international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Electronic System for Travel Authorization Fee.--CBP
collects fees to cover the cost of operating and implementing a
system to pre-screen visitors from countries participating in
the Visa Waiver Program prior to their arrival in the United
States to avoid security risks, as authorized by section
711(h)(3)(B) of the 9/11 Act (Public Law 110-53).
Immigration Enforcement Fine.--CBP collects fines from
owners of transportation lines and persons for unauthorized
landing of aliens, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Land Border Inspection Fee.--CBP collects fees for
processing applications for the Dedicated Commuter Lanes
program, the Automated Permit Ports program, the Canadian
Border Boat Landing program, and both Canadian and Mexican Non-
Resident Alien Border Crossing Cards, as authorized by the
Immigration and Nationality Act (8 U.S.C. 1356).
Consolidated Omnibus Budget Reconciliation Act [COBRA]
Fee.--CBP collects fees for inspection services involving
customs-related functions. The COBRA user fee statutory
authority (19 U.S.C. 58c) specifies the types of expenses to be
reimbursed and the order for the reimbursement of these types
of expenses.
Animal and Plant Health Inspection Service Inspection
Fee.--CBP receives as a transfer a distribution of agriculture
inspection fees collected by the United States Department of
Agriculture. The user fees, as authorized by the Food,
Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C.
136), are charged to offset costs for the services related to
the importation, entry, or exportation of animals and animal
products.
Global Entry User Fee.--CBP collects fees to cover the cost
of a registered traveler program to expedite screening and
processing of international passengers as authorized under the
Consolidated Appropriations Act of 2008, section 565(3)(B).
U.S. Virgin Islands Fee Fund.--The U.S. Virgin Islands
[USVI] are an unincorporated territory of the United States and
although a U.S. territory, the USVI is expressly excluded from
the definition of customs territory of the United States. The
importation of goods into the USVI is governed by Virgin
Islands law. CBP collects duties on behalf of the USVI and
deposits them into the USVI Fee Fund. The account is now known
as the U.S. Virgin Islands Fees Fund, in which duties and taxes
collected in the USVI are deposited. The account is managed
annually as a reimbursable account with any remaining funds
remitted back to the USVI at the conclusion of the fiscal year.
Puerto Rico Trust Fund.--Customs duties, taxes, and fees
collected in Puerto Rico by CBP are deposited in the Puerto
Rico Trust Fund. After providing for the expenses of
administering CBP activities in Puerto Rico, the remaining
amounts are transferred to the Treasurer of Puerto Rico
pursuant to 48 U.S.C. sections 740 and 795.
Small Airport User Fee.--The User Fee Airports Program
authorized under 19 U.S.C. 58b and administered under 19 U.S.C.
58c(b)(9)(A)(i), authorizes inspection services to be provided
to participating small airports on a fully reimbursable basis.
The fees charged under this program are set forth in a
memorandum of agreement between the small airport facility and
the agency, and may be adjusted annually as costs and
requirements change.
Unclaimed Goods.--Any goods entered or un-entered
merchandise (except merchandise under section 557 of the Tariff
Act of 1930, as amended (19 U.S.C. 1557), but including
merchandise entered for transportation in bond or for
exportation) which remain in Customs custody for 6 months from
the date of importation or a lesser period for special
merchandise as provided by section 127.28(c), (d), and (h), and
without all estimated duties and storage or other charges
having been paid, shall be considered unclaimed and abandoned.
This account represents the proceeds from the liquidation of
that account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $8,320,391,000 for Salaries and
Expenses of U.S. Customs and Border Protection for fiscal year
2015, including $3,274,000 from the Harbor Maintenance Trust
Fund and, of which $2,313,000,000 is derived from the
merchandise processing fee. This is $5,995,000 below the
request and $174,823,000 above the amount provided in fiscal
year 2014.
The Committee includes bill language making available up to
$150,000 for payment for rental space for preclearance
operations and $1,000,000 for payments to informants. The
Committee also includes bill language placing a $35,000 annual
limit on overtime paid to any employee and capping official
reception and representation expenses at $34,425. A general
provision is included to allow CBP to access collections
associated with the U.S.-Colombia Trade Promotion Agreement
Implementation Act, Public Law 112-42. A new general provision
is included adjusting the Immigration User Fee to fund the
hiring of 1,000 new CBP officers.
The Committee does not include the proposed $1,500,000
reduction for continued development of the Customs-Trade
Partnership against Terrorism web portal, but includes the
other proposed reductions as detailed in the Congressional
justifications. Additionally, the bill reduces the ``Border
security and control'' PPA by $15,000,000 due to clearer
management direction on the appropriate use of administratively
uncontrollable overtime.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
U.S. CUSTOMS AND BORDER PROTECTION--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses:
Headquarters, management, and administration:
Commissioner...................................... 23,656 27,245 27,151
Chief Counsel..................................... 42,921 45,663 45,483
Congressional Affairs............................. 2,466 2,514 2,504
Internal Affairs.................................. 149,061 140,141 139,493
Public Affairs.................................... 11,934 13,064 13,009
Training and Development.......................... 76,082 71,926 71,892
Technology Innovation, Acquisition................ 22,788 25,374 25,277
Intelligence/Investigative Liaison................ 60,747 61,512 61,235
Administration.................................... 403,473 386,793 382,819
Rent.............................................. 405,802 409,490 409,490
-----------------------------------------------------
Subtotal, Headquarters, management, and 1,198,930 1,183,722 1,178,353
administration.................................
-----------------------------------------------------
Border security inspections and trade facilitation:
Inspections, trade, and travel facilitation at 2,856,573 2,830,872 2,806,224
ports of entry...................................
Harbor maintenance fee collection (Trust Fund).... 3,274 3,274 3,274
International cargo screening..................... 67,461 69,173 68,902
Other international programs...................... 24,000 25,706 25,548
Customs-Trade Partnership Against Terrorism [C- 40,912 40,841 42,119
TPAT]............................................
Trusted Traveler Programs......................... 5,811 5,811 5,811
Inspection and detection technology investments... 112,004 123,866 117,811
National Targeting Center......................... 65,106 70,592 70,123
Training.......................................... 40,703 33,906 33,880
-----------------------------------------------------
Subtotal, Border security inspections and trade 3,215,844 3,204,041 3,173,692
facilitation...................................
=====================================================
Border security and control between ports of entry:
Border security and control........................... 3,675,236 3,882,015 3,911,955
Training.............................................. 55,558 56,608 56,391
-----------------------------------------------------
Subtotal, Border security and control between ports 3,730,794 3,938,623 3,968,346
of entry...........................................
=====================================================
Total, Salaries and expenses........................ 8,145,568 8,326,386 8,320,391
----------------------------------------------------------------------------------------------------------------
UNACCOMPANIED ALIEN CHILDREN
Nowhere in the Federal Government is the UAC burden being
felt more deeply than within U.S. Customs and Border Protection
[CBP]. For more than 5 years, the women and men of the Border
Patrol and the Office of Field Operations working along the
Southwest border on a daily basis have been dealing with
apprehending, caring for, processing, and transporting
unaccompanied alien children [UAC]. Annually about 5,000-6,000
UACs were encountered, until fiscal year 2012, when the trickle
became a torrent. There has been a more than doubling of UAC
encounters year after year. Nearly 25,000 were encountered in
fiscal year 2013 and estimates for this fiscal year are
approaching 70,000. While initially estimating 127,000 UACs
next year, the number has risen to 145,000. This growth cannot
be sustained.
The burden falls on CBP because it is the frontline
encountering these children. Previously, the majority of the
UACs were teenaged boys between 14-17 years of age. The more
recent--and more troubling--trend is younger children and many
more young girls. One can only imagine the horrific events they
encountered trekking from Central America to South Texas.
Because of the growth in the more diverse and tender aged
population, special care is required--care that is not part of
a law enforcement officer's training. These men and women's
time should be spent protecting the border and arresting
smugglers and dangerous contraband.
As the budget request did not include funding for this
influx of UACs, the Committee has worked with the Department
and OMB, and the Department has identified requirements for CBP
above the request of $76,942,000. Of this amount, $600,000 is
for the Office of Field Operations response to UACs and
remainder is for the Border Patrol. These funds will address
shortfalls in overtime, contract services for local
transportation and guard services, child care, medical
services, increased waste removal and janitorial services, food
service contracts, and temporary shelters. The Committee
directs the Department to keep it regularly informed of any
changes in both UAC encounters and/or cost requirements to
respond to this humanitarian crisis. Bill language is also
included providing additional flexibility to move resources to
ensure the care and transport of UACs.
FINANCIAL PLAN
To help facilitate congressional oversight, CBP is directed
to submit to the Committee within 60 days after the date of
enactment of this act, a financial plan reflecting a detailed
breakout of funding by office for each PPA in the ``Salaries
and Expenses'' appropriation. This financial plan shall include
a comparison by office to the prior year plan amount and actual
expenditures for fiscal year 2014 and planned expenditures for
fiscal year 2015.
PORT OF ENTRY STAFFING AND HIRING
CBP's Office of Field Operations [OFO] operates 329 ports
of entry [POEs] 24 hours a day and 7 days a week, welcoming to
the U.S. almost 1 million people daily by air, land, and sea.
In addition to CBP's primary security mission, CBP is the
second-largest government revenue generator for the United
States, after the Internal Revenue Service. On average, OFO
collects $116,000,000 a day in fees, duties, and tariffs. In
fiscal year 2013, OFO processed $2,380,000,000,000 worth of
trade through U.S. POEs.
Visitor volume in 2014 is expected to increase 3.5 percent
and reach 72.2 million visitors who stay one or more nights in
the United States. This growth would build on the 4.7 percent
increase in arrivals in 2013, which resulted in a record 69.8
million visitors. According to the current forecast, the United
States would see 3.4 percent to 4.1 percent annual growth rates
in visitor volume over the 2014-2018 timeframe.
The overall proportion of CBP's salaries and expenses [S&E]
has been growing steadily, thus squeezing other priorities. In
fiscal year 2009, S&E accounted for 55.5 percent of the total
``Salaries and Expenses'' account, but in fiscal year 2015 it
will be approximate 71.7 percent. Cost drivers for the growing
payroll include healthcare, retirement benefits (for the first
time the Office of Management and Budget requires appropriated
funds be used to cover retirement costs), decreasing attrition
rates, and changing grade profiles. CBPOs average General
Service [GS] grade level was GS-11 in fiscal year 2010. In
fiscal year 2015 the average will be GS-12. For the Border
Patrol it was GS-10 in fiscal year 2010 and will be GS-12 in
fiscal year 2015. Officer and agent payroll costs have
increased by $299,900,000 in fiscal year 2015 compared to
fiscal year 2014.
CBP's workload staffing model indicates a shortfall of
2,373 CBP officers [CBPOs] by the end of fiscal year 2015.
While the model needs further refinement, it is the best tool
yet designed to assist in officer placement decisions based on
traveler volume, wait times, expanded facilities, and increased
cargo throughput. The model also takes into consideration the
reduction in staffing requirements due to innovation and
technology improvements.
This Committee took the initial steps to begin hiring new
CBPOs in the Senate version of the fiscal year 2014 Homeland
Security appropriations bill through a combination of direct
appropriations and a slight increase in the Immigration User
Fee [IUF]. Ultimately, due to outside pressure, the fee
proposal was dropped in conference with the House. By making
cuts to other DHS activities, direct appropriations were
cobbled together to hire 2,000 new CBPOs. These officers will
be hired, trained, and placed at their new duty stations
through fiscal year 2015.
But CBP cannot rely on additional appropriated dollars to
hire itself out of its officer deficit hole. The taxpayer
expects its government to do more--more service, more
efficiency, more protection--with fewer dollars. The Committee
believes CBP can achieve the goal of expedited cargo
inspections; a faster, more pleasant entry experience for
travelers to our country; and appropriate level of security
through a mix of more people, innovative use of technology, a
more streamlined hiring process, and expansion of creative
public-private partnerships.
People.--The IUF was established in 1987 to be used to hire
additional inspectors at air and sea ports of entry and cover
the actual costs of inspecting commercial air and sea
passengers upon arrival. The fare has been set at $7 since
2001. If the fee had been allowed to adjust for inflation it
would now be $12.31. In fiscal year 2013, CBP recovered only 76
percent of the inspection costs in the air environment and 43
percent in the sea environment. The remainder of those costs
have been covered using direct appropriations. The Committee
includes a general provision increasing the IUF by $2 for
arriving commercial air and sea passengers. This is the same
provision included in the fiscal year 2014 Senate Committee-
reported Homeland Security appropriations bill. This increase
will fund the hiring of 1,000 additional CBPOs through fiscal
year 2016. Additionally, the bill includes a new proviso
directing that the funds generated by this fee adjustment be
used solely for the hiring of new CBPOs to be placed at air and
sea ports of entry. These funds cannot be directed for other
CBP activities. This only allows the hiring of half of the new
CBPOs requested in the budget. Absent this provision, there are
no additional funds for the hiring of additional CBPOs.
Technology.--CBP has made steady advancements in the use of
mobile technology which permits officers to move to where the
arriving passengers are located to expedite the inspection
process. It has partnered with 15 airports in placing Automated
Passport Control kiosks to segregate arriving U.S. citizens
from those foreign visitors who might need more time to be
processed. It has also made great strides in enrolling frequent
travelers in the Global Entry program. Participation in the
program has grown to over 1.4 million individuals, with another
nearly 900,000 NEXUS members who also get the benefits of
Global Entry.
Hiring Process.--When asked directly, DHS and CBP officials
concede the CBP hiring process is too cumbersome and agree that
modifications need to be made. It should not take as long to
hire and train trade specialists or mission support personnel
as it does a weapon-carrying, law enforcement officer or agent.
The Committee recognizes CBP must maintain a rigorous hiring
process, including the use of polygraphs, to ensure bad actors
or those who have been or could become compromised by drug
traffickers and the like are not inadvertently employed. But
CBP must take a fresh look at its hiring and training
practices.
Additional CBPOs are required at short-staffed ports of
entry now, not a year from now. The Committee directs CBP,
working with the Deputy Secretary and the Chief Human Capital
Officer, to develop a plan to expedite the hiring of CBP
personnel while maintaining the proper level of security. On
average, it currently takes CBP 278 days to hire its personnel
when the Office of Personnel Management [OPM] standard is 90
days. CBP must strive to meet the OPM standard and, at a
maximum, reduce its average to 120 days. The plan shall be
submitted to the Committee not later than 90 days after the
date of enactment of this act.
Public-Private Partnerships.--The bill extends the two-
pronged public-private partnership program initiated in the
fiscal year 2014 DHS Appropriations Act. This provision permits
CBP to enter into up to 7 agreements with State, local, or
private entities to reimburse CBP for services at air, land, or
sea ports of entry and also permits CBP and/or the General
Services Administration to accept donations or gifts of real
property for enhancements to POEs. CBP is encouraged to provide
greater transparency on its staffing procedures to its partners
and to take into consideration the potential for the growth in
international tourism when reviewing applications submitted
under this provision.
The Committee has heard concerns from the maritime industry
regarding CBP's potential use of this authority or other long-
standing authorities regarding the costs for purchase,
installation, operations, and/or maintenance of inspection and
detection equipment by the port authorities or the terminal
operators. CBP shall brief the Committee not later than 60 days
after the date of enactment of this act on its statutory
authority in this area and on its negotiations with maritime
entities on equipment costs.
LAND BORDER WAIT TIMES
In July 2013, GAO issued a report (GAO-13-603) outlining
flaws in CBP's commercial vehicle wait time collection process.
Specifically, GAO found that publicly reported wait time data
is collected using unreliable and inconsistent methods, and
cannot effectively measure trade facilitation goals or inform
CBP management decisions across border crossings. Not later
than 60 days after the date of enactment of this act, CBP shall
brief the Committee and other committees of jurisdiction on its
efforts to improve wait time collection and trade facilitation
at land POEs.
IMMIGRATION REFORM
This appropriations bill for the Department of Homeland
Security makes numerous funding recommendations for various
border security and immigration enforcement activities. It is
not intended to be an immigration reform vehicle. The Committee
received numerous requests for inclusion of immigration-related
policies already reflected in the immigration reform
legislation passed by the Senate on June 27, 2013. As they were
already considered and included in the appropriate authorizing
legislation, they are not repeated in this appropriations bill
and report.
IMPACT OF FEES ON AIRPORT ACTIVITIES
To ensure the maximum level of transparency is provided to
justify these increases, the Committee directs CBP to provide a
quarterly electronic report to the general public and
interested stakeholders, posted on its Web site, on the amount
of fee-funded activity that occurred over the preceding fiscal
year at airports. This report shall include all fees, such as
APHIS, IUF, COBRA, and the Small Airport User Fee. The report
will also provide annual average wait time data for high volume
port locations receiving additional IUF fee resources,
demonstrating a direct connection between service levels and
resources. It is important for CBP to deploy CBPOs at critical
international arrivals airports which experience the greatest
delays and longest processing times.
EXPEDITING TRAVELERS AND EXPANDING/GROWING TOURISM
The number of international travelers to the United States
has grown by 12 percent from 55 million visitors in 2009 to 70
million in 2013. Each overseas visitor spends on average $4,500
in our restaurants, hotels, shopping malls, and attractions.
And the growth in these visitors has created more than 175,000
American jobs over the past 5 years. On May 22, 2014, the
President announced a series of new steps to improve the entry
process to welcome more international travelers to our country.
Additionally, he charged DHS Secretary Johnson and Commerce
Secretary Pritzker to work with industry to develop a goal to
improve the entry process, reduce wait times, and build out
implementation plans starting with the 15 largest airports for
international arrivals.
The Committee wholeheartedly supports this effort to
develop creative and responsible solutions to provide
international travelers with reasonable wait times and an
efficient entry process. The Committee urges DHS and the
Department of Commerce to start by ensuring that international
business travelers and tourists alike have a good arrival
experience. Because CBP officers are the first face of America
for these arriving passengers, it is incumbent on CBP to train
its frontline personnel to be welcoming, as well as
professional, as they determine the eligibility of the traveler
for entry into the United States.
And, as discussed above, wait times must be reduced. The
Committee understands that Chicago's O'Hare International and
Dallas/Fort Worth [DFW] International airports have had the
greatest success at reducing wait times in the past year or so.
Both airports were early supporters of the automated passport
control program, which now is used in 15 airports. These kiosks
provide modern touch screen technology that allows passengers
to scan their passports and enter their customs declaration
information. Provided through public-private partnership with
airport authorities, these kiosks expedite air passenger
inspection for U.S. and Canadian citizens at participating
airports. They reduce officer interaction to approximately 30
seconds from 55 seconds while increasing security by allowing
officers to focus on the passenger instead of the paperwork.
Since installing the kiosks, both O'Hare and DFW have
experienced reductions in average wait times of 30 percent or
more. CBP should work in tandem with other airports and expand
the APC program to 10 additional airports by the end of 2014.
Also, CBP should encourage use of the enhanced, multi-lingual
APC kiosks, which permits their use by the passengers from the
38 member countries of the Visa Waiver Program further reducing
international passenger processing times.
Additionally, CBP should take advantage of the creativity
of individual airports. For instance, George Bush
Intercontinental Airport in Houston was the first airport to
pilot a ``one stop'' program to facilitate passengers traveling
with only carry-on luggage through entry processing. Chicago
O'Hare also launched its ``1-Stop'' program last year at
International Terminal 5. Informational signage in seven
languages is posted in the secure corridor leading to the CBP's
passport control area. The signage guides eligible travelers to
enter designated lanes for entry processing. Travelers make
``one-stop'' at a booth with a CBP officer, then move on to an
``express corridor'' that bypasses baggage claim and CBP Exit
Control inspection areas. The new initiative streamlines the
U.S. entry process and minimizes wait times.
The Committee also understands CBP is developing a new web
and mobile application (``app'') that can be added to a
passenger's smartphone so that arriving passengers can fill
their Customs declaration on the plane prior to deplaning.
Advances like these will be especially useful for business
travelers and other frequent flyers, and the Committee urges
expeditious rollout of this new ``app''.
The Committee encourages CBP to open additional enrollment
centers across the Nation for all DHS Trusted Traveler
Programs, including Global Entry and NEXUS. To the extent that
Global Entry can be expanded to passengers from other
countries, CBP is encouraged to do so. The more enrollees in
these programs, the faster arriving passengers can be processed
upon arrival. And CBP should consider expanding Global Entry to
large and medium-sized international hub airports, especially
those which do not have a permanent CBP presence.
The Committee understands CBP, working with travel industry
associations and an outside source, has been conducting annual
traveler satisfaction surveys. The surveys ask arriving
passengers such questions as if their arrival process was
welcoming, if the process was understandable, and if their wait
time was reasonable. CBP could benefit from getting reactions
from passengers on a more regular basis because results from an
annual survey do not allow for rapid responses to a growing
problem, especially at the largest gateway airports.
The Committee recognizes the need for CBP to work with
airports as it designs its future work spaces and operations
centers. It recommends that CBP streamline the required non-
disclosure agreements [NDAs] for discussions and collaboration
to include only those NDAs that pertain to truly sensitive
information.
Finally, CBP must review how it allocates its personnel at
air ports of entry. There are creative ways CBP can work with
its employees and the host airport to place appropriate law
enforcement personnel at the inspection booths while other,
non-law enforcement or mission support personnel can cover
other processing duties.
The Committee directs CBP to submit an action plan to the
Committee not later than 90 days after the date of enactment of
this act on the specific steps it will take to implement each
of the proposed activities listed above. This plan shall
include the timeline for implementing each activity and, to the
extent there are other activities planned or underway, they
shall be included in this plan.
Additionally, of the total amount provided for CBP Salaries
and Expenses, $10,000,000 shall be used for sustaining the
traveler process enhancements, including CBP officers at
existing preclearance locations, as discussed in Senate Report
113-77 and directed in Public Law 113-76.
The Committee continues a general provision regarding
limitations on expanding overseas preclearance operations to
additional locations. The Committee notes that the fiscal year
2014 DHS Appropriations Act requires the Commissioner to
develop metrics that support the goal of reducing passenger
processing times at air, land, and sea POEs. Additionally, he
is required to develop and implement operational work plans to
meet the goal just listed at the POEs with the highest
passenger volume and longest wait times. The Committee reminds
the Commissioner that he shall consult with appropriate
stakeholders, including but not limited to, airlines and
airport operators, port authorities, and importers. The
Committee also encourages the Commissioner to consider the
economic impact of these activities on U.S. air carriers. These
work plans and metrics shall be developed and briefed to the
Committee no later than September 15, 2014.
NORTHERN BORDER PORT STAFFING
The fiscal year 2014 DHS Appropriations Act funded the
hiring of 2,000 additional CBP officers and notes some of the
new officers are to be allotted to Northern border POEs. The
Committee remains concerned, however, about CBP officer
staffing levels on the Northern Border. As trade and tourism
increase along the U.S.-Canadian border, additional resources
should be provided as appropriate.
The Committee believes that many of the concerns about
Northern Border staffing could be allayed by more complete
reporting and transparency to Congress about CBP's Northern
Border staffing plans. The Committee directs CBP to submit an
updated resource allocation model with the fiscal year 2016
budget detailing specific staffing and funding for, and
implementation of, planned Northern Border enforcement
initiatives by port of entry. The Committee also directs CBP to
provide a briefing to the Committee not later than December 1,
2014, on the CBP officer staffing requirements on the Northern
Border based on increased trade flows, the current threat
environment, and the workload staffing model.
TRAINING REGARDING HUMAN TRAFFICKING
CBP plays a critical role in identifying potential human
trafficking victims as they enter the United States. The
Committee encourages DHS to continue to work with appropriate
nonprofit organizations and victim service providers to improve
the training of DHS personnel in the field to assist in the
identification of human trafficking victims, especially
children, and provide appropriate referrals to victim service
organizations. Further, the Committee encourages the
Commissioner to post the National Human Trafficking Resource
Center hotline, email address, and Web site information in all
U.S. POEs.
LAND BORDER FEE STUDY
The Committee continues a general provision prohibiting CBP
from conducting any studies for establishing and collecting any
new land border fee. This provision does not affect any
existing trusted traveler program such as FAST, NEXUS, SENTRI,
and the like.
ANIMAL AND PLANT HEALTH INSPECTION SERVICES
The Committee encourages CBP to work with the Animal and
Plant Health Inspection Service on the revised regulations
released on April 22, 2014, to ensure that the final
regulations reflect prevailing overtime pay rates for CBP
Agriculture inspectors in order to enable reimbursement by non-
Federal entities.
CROSS-BORDER TUNNELS
Tunnels along the United States-Mexico border remain an
attractive alternative to overland drug smuggling because of
increased security measures and aggressive enforcement activity
on traditional cross-border routes. The Committee supports the
ongoing efforts of the DHS Tunnel Task Force to detect and
respond to new tunnels, encourages CBP to dedicate sufficient
resources to continue detecting, responding to, and remediating
tunnels as they are encountered. The Committee drops the
reporting requirement and instead directs an annual briefing on
cross-border tunnels not later than 120 days after the date of
enactment of this act.
CONDUCT AND INTEGRITY OVERSIGHT
Since Congress initiated the rapid increase in CBP and ICE
staffing in 2005, the Committee has been concerned about the
potential for increased corruption by CBP and ICE personnel.
The Committee remains committed to addressing this problem. The
Committee fully funds the request for CBP to continue to expand
integrity training for its officers, conduct investigations,
reduce the backlog of reviews and polygraphs, and meet the
requirements of the Anti-Border Corruption Act of 2011 (Public
Law 111-338). The Committee directs the Deputy Secretary to
continue to oversee the coordination of the OIG, CBP, and ICE
on program integrity issues.
BORDER PATROL AGENTS
The number of Border Patrol agents has grown from 9,800 in
2001 to 21,370 today. Border Patrol apprehensions have
increased from 327,577 in fiscal year 2011 to 414,397 in fiscal
year 2013. As of April 30, 2014, apprehensions for this fiscal
year were 262,880. Clearly more people are attempting to cross
our border without authorization. Included in the amount
recommended by the Committee for Border Security and Control is
a total of $3,968,346,000 for hiring, paying, equipping, and
training Border Patrol agents. Bill language is included
mandating a floor of not less than 21,370 Border Patrol agents
on-board throughout fiscal year 2015. With the funds in this
act, there will continue to be 21,370 Border Patrol agents on
duty, more than double the Agents on board at the end of fiscal
year 2002.
REPATRIATION
The Committee urges CBP and ICE to repatriate removable
migrants in a manner that protects deportee safety. Whenever
possible and based on mutually agreed arrangements determined
in the field, DHS should limit deportations to daylight hours
and avoid locations that are determined to have high indices of
crime and violence, except in cases justified by compelling
government interest or the informed consent of the adult being
removed. DHS officials should notify their Mexican counterparts
in advance of repatriating pregnant women or individuals with
medical or other special needs and take all reasonable and
appropriate steps to ensure their safe repatriation. To the
extent practicable, in the development and renegotiation of
agreements with the Government of Mexico regarding arrangements
for the deportation or removal of apprehended individuals,
appropriate hours for conducting deportations and removals, and
identifying safety concerns at deportation and removal sites,
DHS is encouraged to consult with non-governmental social
service providers and faith-based organizations that provide
services to returned migrants in order to ensure that
deportations occur at times and in locations where shelter and
other assistance is available.
The Committee directs CBP and ICE to review their existing
repatriation arrangements with the Government of Mexico and
brief the Committee not later than 120 days after the date of
enactment of this act on the results of the review.
BORDER PATROL STAFFING MODEL
The Committee understands that CBP is developing a staffing
allocation model for Border Patrol that would provide insight
into the amount of time it takes for an agent to perform tasks
and support more informed decisionmaking regarding deployment
and use of resources. The Committee supports this effort and
directs CBP to brief the Committee not later than 180 days
after the date of enactment of this act on its progress in
developing and using the model.
USE OF FORCE POLICY REVIEW
The Committee strongly supports the actions taken by the
Commissioner in reviewing, revising, and making public CBP's
``Use of Force Policy, Guidelines and Procedures Handbook''.
After years of allegations expressed by certain communities
about excessive use of force, primarily by Border Patrol
agents, the Commissioner responded transparently with a
thorough review of CBP's training policies and procedures and
released the results of the review on May 30, 2014. As he
states in his opening to the Handbook, ``A respect for human
life and the communities we serve shall guide all employees in
the performance of their duties . . . The use of excessive
force by CBP law enforcement personnel is strictly
prohibited.'' The Committee stresses that these policies must
be adhered to so as to ensure the confidence of the American
people in these law enforcement officers is retained.
TRADE ENFORCEMENT
The Committee directs CBP to dedicate $3,000,000 to further
consolidate single transaction bonds [STBs] in order to improve
duty collection, as recommended by GAO. These funds would
improve the collection of revenue owed to the Federal
Government by enabling CBP to develop an automated system for
STBs. Currently, STBs are submitted and maintained on paper at
all of the CBP port locations. Automation would allow a
centralized office to oversee and administer the STB program
and to develop the necessary expertise to verify the adequacy
of the STBs.
CBP analysis has found strong evidence to conclude that
trade fraud and evasion is widespread in many commodity
sectors--particularly for goods from China, which account for
46 percent of the anti-dumping and countervailing duties
collected. The Committee remains focused on the need for all
Federal Government agencies involved in international trade to
aggressively enforce existing trade laws. It has become clear
that there are specific actions that CBP and ICE, together with
the Departments of Commerce, Justice, and State and the United
States Trade Representative, can take without the need for
additional legislation. According to CBP's own statistics, more
than $1,600,000,000 of the $1,790,000,000 in unpaid antidumping
and countervailing duties involve imports from China. To help
combat this problem, CBP has created a multi-disciplinary
Reengineering Dumping Team to review the antidumping and
countervailing duty [AD/CVD] process and to develop enforcement
solutions. To the extent these duties are unable to be
collected, CBP shall issue a statement as to the reasons why.
Additionally, for CBP's AD/CVD enforcement, the Centers of
Excellence and Expertise [CEEs] also centralize AD/CVD
functions for the industries and importers covered by the
respective CEE. The CEEs help increase uniformity and expertise
across CBP for administration of AD/CVD entries and AD/CVD
enforcement. The Committee commends CBP for taking these
actions and directs it to brief the Committee annually on its
efforts to improve the enforcement and collection process.
CBP can benefit from hearing a variety of voices when it
comes to AD/CVD enforcement. CBP is directed to review the
Advisory Committee on Commercial Operations membership and
consider adding domestic industries that are affected to sit on
the Trade Enforcement subcommittee to provide advice through
the antidumping working group. CBP shall keep the Committee
updated on its review.
ANTIDUMPING AND COUNTERVAILING DUTY ENFORCEMENT REPORTS
The Committee has ensured that, within the amounts provided
in this account, there will be sufficient funds to administer
the ongoing requirements of section 754 of the Tariff Act of
1930 (19 U.S.C. 1675c), referenced in subtitle F of title VII
of the Deficit Reduction Act of 2005 (Public Law 109-171; 120
Stat. 154).
The Committee directs CBP to continue to work with the
Departments of Justice and the Treasury (and all other relevant
agencies) to increase collections, and provide a public report
on an annual basis within 30 days of each year's distributions
under the law. The report should summarize CBP's efforts to
collect past due amounts and increase current collections,
particularly with respect to cases involving unfairly traded
United States imports from China. The report shall provide the
same level of detail as required under this section in Senate
Report 112-169.
The Committee further directs the Secretary and the
Commissioner to work with the Secretary of Commerce to identify
opportunities for the Department of Commerce to improve the
timeliness, accuracy, and clarity of liquidation instructions
sent to CBP. Increased attention and interagency coordination
in these areas could help ensure that steps in the collection
of duties are completed in a more expeditious manner. The
Commissioner is directed to report within 180 days after the
date of enactment of this act on the steps that have been taken
in conjunction with the Department of Commerce to address these
issues. Consistent with section 691a of Public Law 103-182, the
North American Free Trade Agreement Implementation Act of 1993,
the Committee directs the Commissioner to submit to Congress
before the 60th day of each fiscal year a report regarding the
collection of duties imposed under the AD/CVD laws during the
preceding fiscal year.
Separately, CBP is directed to report to the Committee on
collection of the outstanding $1,079,000,000 in AD/CVD duties,
including the number of claims, the value of each claim, the
stage of collection for each claim and the date on which the
claim was referred for further action to either the CBP Chief
Counsel or Department of Justice. This report shall be
submitted to the Committee not later than 180 days after the
date of enactment of this act. This report will include the
steps that have been taken to recover funds and will also
include the challenges that prevent collection. CBP shall
publish on its Web site a version of this report that provides
appropriate privacy and trade sensitivity protections.
The Committee further directs CBP to provide the Committee
with a separate report that includes information concerning
each AD/CVD order for which more than $25,000,000 in assessed
AD/CVD duties secured by single entry bonds accepted by CBP
pursuant to 19 U.S.C. 1675(a)(2)(B)(iii) remains uncollected
more than 2 years after the dates of liquidation of the secured
entries. This report shall be submitted to the Committee not
later than 180 days after the date of enactment of this act.
For each relevant AD/CVD order, the report shall include the
bond's identification number, the date of the entry secured by
the bond, and the bond's face value. It shall also include the
liquidation status of each entry, and if applicable, the date
of liquidation, the amount of bond principal received by CBP,
the amount of interest received by CBP, and the amount of any
offer in compromise accepted by CBP. Further, the report shall
include information about whether CBP has demanded performance
on the bond or has withdrawn or abandoned its demand due to one
or more defects in the bond, CBP's inability to locate the
bond, or expiration of the applicable statute of limitations.
For each relevant AD/CVD order for which CBP has demanded
performance on the bond, the report shall detail whether CBP's
demand for bond performance was protested, and if applicable,
the date on which the protest was filed, whether CBP has issued
a decision on the protest, whether a subsequent appeal has been
filed by the protesting party, and if applicable, the status of
the appeal including whether a court summons has been issued,
the date on which the summons was issued, and the amount of
funds being held by CBP pursuant to 28 U.S.C. 2637(a). The
report shall also include a detailed strategy, including a
specific series of actions and corresponding deadlines for
completing those actions, to collect under the bond the
antidumping or countervailing duties that remain uncollected.
The Committee directs CBP, in consultation with the
Department of Commerce and the Department of Treasury, to
report to the Committee on how requiring cash deposits of
estimated AD/CVD during new shipper reviews (in statute) would
strengthen the administration of the Nation's AD/CVD laws.
Under current law, the Department of Commerce is required to
allow importers to bond for cash deposits of estimated AD/CVD
during new shipper reviews. The Committee urges the United
States Trade Representative to include in the principal
negotiating objectives of the United States the objectives of
preventing evasion of the trade remedy laws of the United
States through information exchanges and site visits for any
trade agreements under negotiation as of the date of this
report or future trade agreement negotiations.
TRADE COMPLIANCE--INFORMATION SHARING
The Committee understands that current law may
unintentionally prohibit the Department of Commerce from
sharing proprietary information with CBP vital to determining
violations or claims with respect to any provision of the
Tariff Act of 1930. The Committee urges the Department to
coordinate jointly with the Department of Commerce on a
legislative proposal to amend the appropriate section of the
United States Code to remove any legal barriers to the sharing
of appropriate and necessary information between these prime
Federal trade compliance and enforcement agencies.
JONES ACT
CBP is charged with enforcement of U.S. cabotage laws. The
Jones Act provides for the national and economic security of
the United States by supporting a strong U.S. merchant marine.
By virtue of the Outer Continental Shelf Lands Act, as amended
by Public Law 106-580, the coastwise laws apply to marine
transportation between points and places in the United States,
including the Outer Continental Shelf. U.S. vessels, mariners,
and shipyards have been negatively impacted and underutilized
as a result of lax enforcement and prior rulings inconsistent
with congressional intent. The Committee urges the Department
to levy penalties for previously documented violations,
continue working with the Offshore Marine Service Association
in order to investigate future potential violations, and
dedicate adequate resources to vigorously enforce the Jones Act
on the Outer Continental Shelf. While there have been only a
handful of waiver requests in the past 2 years, the Committee
remains focused on the issue of waivers of the Jones Act.
The Committee is also concerned about the lack of
transparency in issuing these waivers. A general provision is
included prohibiting funds from being used to issue future
waivers related to a release from the Strategic Petroleum
Reserve until the Secretary has consulted with the Departments
of Energy and Transportation and representatives of the United
States flag maritime industry and taken adequate steps to
ensure the use of United States flag vessels. The Secretary
shall notify the Congress within 2 business days of any request
for a waiver, not solely waivers requested to transport oil
released from the Strategic Petroleum Reserve.
The Committee directs CBP to develop a system to track the
status of all Jones Act violations, from the time they are
reported until assessed penalties have been collected or there
is a finding of no violation and the charges are dismissed. The
Committee also directs CBP to make information available to the
public and the Committees, on a quarterly basis, about specific
Jones Act violations, findings of fact, parties determined to
be at fault, amount of penalty assessments, and status of
collections.
EXIT POLICY
DHS is required by law to implement a comprehensive entry-
exit system, including biometric exit, for our Nation's
security as well as the integrity of our immigration system.
CBP, with support from other Department components, is
executing a plan toward that end which includes enhancements to
biographic entry and exit data, as well as enforcement of data
requirements on air carriers and other data providers. Specific
to biometric exit, CBP is working with the DHS Science and
Technology [S&T] directorate on the Air Entry/Exit Re-
Engineering [AEER] project to analyze, develop, test, pilot,
and evaluate integrated approaches to biometrically confirm the
departure of non-U.S. citizens at U.S. airports. The S&T
investment is $7,500,000 a year since fiscal year 2013. CBP and
S&T should consider the implications of the project's results
for land and sea ports in both urban and rural environments.
Further, the project should examine the integration of new
technologies with the Department's backend biometric system,
IDENT, to produce the highest match rate possible and
accelerate passenger throughput. Not later than 90 days after
the date of enactment of this act, the Department shall report
to the Committee on the status of the AEER project and other
entry-exit system enhancements.
The Committee recognizes that CBP has made significant
technology enhancements through the Land Border Integration
program and its predecessor program. CBP should continue to
utilize this program to improve entry-exit processes and
activities.
U.S. VIRGIN ISLANDS
The Committee understands CBP and its legacy agencies have
been performing both statutorily required services as well as
additional services requested by the Government of the U.S.
Virgin Islands [USVI] on a fully reimbursable basis, for nearly
100 years. A 1994 Memorandum of Agreement [MOA] between CBP and
the USVI memorializes operational details regarding services
requested by the USVI and the financing of those services. The
Committee further understands that, due to fiscal constraints
in recent years, CBP has been implementing cost savings
measures without reducing services in the territory and is
pursuing a new MOA with the Government of the USVI. The
Committee directs CBP to report to the Committee on the scope
of services performed, their financing, and the steps taken
toward a new MOA with the USVI.
ADVANCED TRAINING CENTER
CBP has one of the Nation's largest cadres of armed Federal
law enforcement personnel and having a full-scale advanced
training facility focused on the agency's specialized missions
is critical. Included in the amount recommended by the
Committee is $64,500,000, as proposed in the budget, for
programmatic expenses (including salaries and benefits) and the
National Training Plan at the Advanced Training Center [ATC].
The ATC is providing advanced firearms, tactical, and
leadership training to CBP officers and agents across the
country, as well as other Federal and law enforcement agencies.
With the establishment of the Advanced Training Center
Revolving Fund [ATCRF], pursuant to the fiscal year 2012 DHS
Appropriations Act, the Committee directs CBP to continue to
utilize ATCRF funds in addition to any funds appropriated
annually by the Congress. The Committee notes the ATCRF is
intended only to offset operating costs of the ATC and should
not be considered the sole appropriations vehicle for funding
of the ATC enterprise.
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.
FOREIGN MUNICIPAL SOLID WASTE
The Committee recognizes that trucks carrying foreign
municipal solid waste entering the United States from Canada
represent potential homeland security and environmental threats
to our Nation. The Committee is also aware of successful
efforts to address this threat, which have resulted in a
significant reduction in municipally managed waste shipments to
the United States. However, nearly 350 trash trucks still cross
U.S. borders every day. The Committee urges DHS, in conjunction
with CBP, to work with the Finance Committee--the appropriate
authorizing committee--to consider proposing to raise the
current Customs User Fee for trucks carrying foreign municipal
solid waste into the United States and include any such
proposal in the fiscal year 2016 budget through the appropriate
authorizing mechanism.
AUTOMATION MODERNIZATION
Appropriations, 2014.................................... $816,523,000
Budget estimate, 2015................................... 812,410,000
Committee recommendation................................ 806,699,000
The automation modernization account includes funds for
major information technology systems and services for U.S.
Customs and Border Protection, 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 $806,699,000, of which
$445,575,000 is to be available until September 30, 2017, for
automation modernization. This is $5,711,000 below the amount
requested and $9,824,000 below the amount provided in fiscal
year 2014. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Information technology.................................... 358,655 365,700 361,124
Automated Targeting Systems............................... 116,932 109,273 109,230
Automated Commercial Environment/International Trade Data 140,762 141,061 140,970
System [ITDS]............................................
Current operations protection and processing support 200,174 196,376 195,375
[COPPS]..................................................
-----------------------------------------------------
Total, Automation modernization..................... 816,523 812,410 806,699
----------------------------------------------------------------------------------------------------------------
TARGETING
The Committee staunchly supports CBP's targeting
capabilities and the enhancements provided over the years for
the Automated Targeting System [ATS]. ATS has proven an
invaluable tool in identifying and countering terrorist travel
and other illicit activity in the global travel and trade
systems. The Committee recommends $109,230,000, as requested,
and encourages CBP to effectively maintain and enhance this
critical capability to meet mission needs.
REPORTS AND BRIEFINGS
The Committee expects to continue receiving the ACE reports
on a semi-annual basis. CBP is directed to brief the Committees
immediately on the plan to decommission the Automated
Commercial System [ACS], the updated program plan for ACE, how
the ACS decommission plan is integrated into the program plan,
and the updated master schedule for ACE development.
TECS MODERNIZATION
TECS is an information technology system in place since the
1980s that provides border security and law enforcement
personnel information about people who are inadmissible or may
pose a threat to the security of the United States. Over time,
however, it has become increasingly difficult and expensive to
maintain because of technology obsolescence and its inability
to support new mission requirements. As a result, in 2008 DHS
initiated TECS Modernization [TECS Mod] to upgrade the existing
system functionality, address known capability gaps, and move
the program's infrastructure to DHS's new data centers. TECS
Mod is managed as two separate programs working in parallel:
CBP and ICE are each modernizing existing functionality
specific to their respective roles and missions. Both programs
had planned to be fully operational by September 2015.
A recent GAO report (GAO-14-342T) noted that TECS Mod has
continued to experience schedule and cost changes. While CBP's
$724,000,000 modernization effort intends to upgrade
functionality, data, and aging infrastructure and move it to
DHS's data centers by 2016, the agency has had to revisit the
schedule twice. Regarding ICE's $818,000,000 TECS Mod program,
it is redesigning and replanning its program, after determining
that its initial solution was not viable and could not support
ICE's needs. The Department's CIO has expressed concern about
the problematic nature of this modernization effort. As a
result, CBP and ICE shall continue to conduct the semiannual
joint briefings on the status of this modernization effort for
the Committee.
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
Appropriations, 2014.................................... $351,454,000
Budget estimate, 2015................................... 362,466,000
Committee recommendation................................ 362,466,000
The Border Security, Fencing, Infrastructure, and
Technology account funds the capital procurement and total
operations and maintenance costs associated with fencing,
infrastructure, sensors, surveillance, and other border
security technology.
COMMITTEE RECOMMENDATIONS
The Committee recommends $362,466,000 for Border Security
Fencing, Infrastructure, and Technology, the same as the
request, and $11,012,000 above the amount provided in fiscal
year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Development and deployment................................ 160,435 110,594 110,594
Operations and maintenance................................ 191,019 251,872 251,872
-----------------------------------------------------
Total, Border security fencing, infrastructure, and 351,454 362,466 362,466
technology.........................................
----------------------------------------------------------------------------------------------------------------
TECHNOLOGY DEPLOYMENT DELAYS
Since fiscal year 2005, the Committee has been a strong and
active supporter of the efforts to secure our Southwest border
through a strategic combination of fencing, tactical
infrastructure, and technology, combined with a doubling of the
size of the Border Patrol. These funds have been used to
construct the 651 miles of fencing and border infrastructure
mandated by the Secure Fence Act, as amended, and they have
been used to bring more technology and capability to Border
Patrol agents than has ever been available.
On April 6, 2012, the Department issued a request for
proposals to build and deploy the next set of integrated fixed
towers [IFTs] for cameras and radars within Arizona. CBP
initially estimated that the contract would be awarded in the
first quarter of 2014, but the award was not made until
February 26, 2014, and a protest against the award was filed on
March 31, 2014, by one of the non-successful bidders. The
protest could delay initial delivery of the first tower until
the end of this fiscal year or later. While the Committee is
encouraged there appears to be proper oversight of contracts
and that contractors are being held to fulfilling their
obligations for use of taxpayer dollars, this program has now
been delayed for over 3 years. Additionally, the Committee
remains concerned about concurrent deployment of these systems
before it has been proven that they actually work in real-life
situations and included language in the fiscal year 2014 act
prohibiting concurrent deployment of IFTs. The Department has
indicated that approximately $387,000,000 remains available in
unobligated prior year balances for border technology
development and deployment as of April 30, 2014. Given these
strong concerns, the Committee rescinds $27,300,000 in
unobligated balances from this account that are not required
for fiscal year 2015.
The Committee notes that the recent Government
Accountability Office [GAO] report titled ``Arizona Border
Surveillance Technology Plan: Additional Actions Needed to
Strengthen Management and Assess Effectiveness'' suggests that
DHS can better manage scheduling, cost-estimating, and
documentation for certain aspects of the Arizona Plan. DHS did
not concur with the specifics of some GAO recommendations based
on concerns those recommendations would compromise the
potential benefits of the DHS approach. The Committee directs
CBP and GAO to continue to work to understand how best
practices can best be applied to an innovative acquisition
approach without inhibiting the innovation.
NORTHERN BORDER
Included in the Committee's recommendation is $12,200,000,
as requested, for enhancing low-flying aircraft surveillance,
maritime detection, and other technology along the Northern
Border.
The Committee recognizes that incidents of drug smuggling
along our Northern border remain widespread and that more steps
need to be taken to address this growing problem. To better
uncover and combat the smuggling of drugs by low-flying
aircraft in the future, the Committee urges DHS, through
partnerships with the Department of Defense [DOD] and other
government and private sector stakeholders, to use military
radar and/or other technologies to the fullest extent possible
in its comprehensive plan to combat narcotics smuggling and
detect other changes along the Northern border.
TETHERED AEROSTATS
The Committee recommends $35,600,000, as requested, for
operation and maintenance of the tethered aerostat radar
systems [TARS] in CBP's inventory. The TARS program is a multi-
mission capability that supports both counter-narcotics
enforcement and air domain awareness. The program has assisted
CBP with interdicting suspect aircraft for over 20 years.
BORDER ROADS
The Committee urges CBP to work with counties along the
United States-Mexico border to identify unimproved county roads
which are predominantly used by the Border Patrol and that
provide critical access to the border region for the purpose of
maintaining border security. The Committee directs CBP to
provide a briefing on the extent to which these roads are used,
their impact on daily border security operations, and the
feasibility of incorporating the maintenance and repair of any
identified high-priority access roads into its Tactical
Infrastructure Maintenance and Repair program not later than 90
days after the date of enactment of this act.
AIR AND MARINE OPERATIONS
Appropriations, 2014.................................... $805,068,000
Budget estimate, 2015................................... 708,685,000
Committee recommendation................................ 706,569,000
The U.S. Customs and Border Protection Air and Marine
Operations [AMO] account funds the capital procurement and
total operations and maintenance costs of the CBP air and
marine program and provides support to other Federal, State,
and local agencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $706,569,000 for Air and Marine
Operations, of which $415,669,000 is to remain available until
September 30, 2017. This is a decrease of $2,116,000 below the
request and $98,499,000 below the amount provided in fiscal
year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
AIR AND MARINE OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and expenses..................................... 286,818 293,016 290,900
Operations and maintenance................................ 392,000 362,669 362,669
Procurement............................................... 126,250 53,000 53,000
-----------------------------------------------------
Total, Air and Marine Operations.................... 805,068 708,685 706,569
----------------------------------------------------------------------------------------------------------------
The Committee strongly supports CBP's continued efforts to
recapitalize its air and marine assets. Working with the Office
of Air and Marine, the Committee has provided resources to meet
the Department's border security requirements in the air,
coastal, and riverine environments as delineated by the CBP Air
and Marine Recapitalization Plan. Resources to address some of
these requirements are provided in this bill. The Committee
notes the lengthy period of time it takes to procure certain
types of aircraft and other air systems because the bulk of the
systems are being acquired by DOD and CBP is fitting into DOD's
production lines. At the same time, these are mobile border
security assets, able to be transferred rapidly to respond to
actual and emerging threats.
EFFECTIVE USE OF AIR ASSETS
The Committee has robustly supported Air and Marine
Operations as essential to border security, despite years of
budget requests that would undercut these investments. This
support includes funding sensors and cameras to enhance
situational awareness and communications capabilities to
transmit this data for strategic planning and operational
response. While recognizing that additional requirements remain
in this area, the Committee is concerned that CBP has not
optimally integrated its air assets and capabilities into a
strategy for situational awareness or its day-to-day
operations. CBP should be able to effectively manage mission
needs against a routine maintenance program and have a complete
picture of ready air crew, available aircraft, and the right
capabilities for the mission. Further, Border Patrol leaders in
the field need to appreciate these broader considerations by
providing requirements rather than requesting assets.
CBP is directed to brief the Committee, not later than
December 1, 2014, on CBP's approach to ensuring optimal
utilization of air assets. The briefing shall outline any
policy, process, and structural challenges or changes involved
in this effort. CBP shall also consider the extent to which the
Coast Guard or other agencies can provide software
applications, standard operating procedures, or other
capabilities as a model or for reuse.
Additionally, the Committee directs CBP to ensure optimal
utilization of unmanned aerial systems to facilitate
situational awareness and border security. The Committee is
concerned that CBP has not maintained the necessary equipment,
training, and other requirements to take full advantage of
these highly capable assets.
STRATEGIC RECAPITALIZATION REQUIREMENTS
The budget request includes funding to purchase two
additional multirole enforcement aircraft [MEAs] and additional
sensor upgrades. It also reduces funding for flight hours by
$29,249,000 which will result in flying only 73,474 hours, the
fiscal year 2013 level. While the Committee strongly supports
increased flight hours in support of the CBP and other DHS
missions, unfortunately, CBP was unable to take advantage of
the additional funds provided by the fiscal year 2014 DHS
Appropriation Act to achieve a level of 107,000 flight hours
during this fiscal year due to a number of natural and man-made
obstacles. Due to the inability to execute these additional
funds, the bill rescinds $8,000,000 from this account.
The Committee was surprised that no funds were requested to
complete the service life extension program for the P-3
aircraft. The P-3 patrol aircraft have been conducting counter
drug missions in the source, transit, and arrival zones of the
Caribbean and Eastern Pacific for years, and in fiscal year
2013 disrupted shipments of over 119,000 pounds of bulk cocaine
transiting from South America to Mexico and the United States.
The Committee directs CBP to complete this program using
currently available funding.
UNMANNED AIRCRAFT SYSTEMS USAGE
The Committee directs the Department to report annually,
submitting the first report not later than 3 months after the
date of enactment of this act, on the number of times that CBP
unmanned aircraft systems are used in response to a specific
request to support State, local, and/or tribal law enforcement
entities in the prior fiscal year. The first report shall cover
fiscal years 2010, 2011, 2012, and 2013. Such report shall
identify the requesting State, local, or tribal entity; include
a general description of the geographical locations of such
uses; and provide the purpose and justification for such uses.
Such report shall also include any crash or other significant
accident involving an unmanned aircraft system operated by the
Department and provide details concerning the circumstances and
cause of such crash or accident.
NORTHERN BORDER
The Committee directs the Department to conduct a State-by-
State assessment of the Northern Border States to determine the
appropriate level of OAM personnel, airframes, and
technological assets necessary to maintain situational
awareness and keep the Northern Border secure and brief the
Committee on the results of its review.
GENERAL AVIATION
The Committee is encouraged by the Commissioner's
commitment to conduct a comprehensive review of law enforcement
actions for general aviation flights that have never crossed a
U.S. border or have no nexus to the border. The Committee is
aware that CBP is taking action and also considering ways to
curtail overzealous encounters with law-abiding general
aviation pilots and aircraft. The Committee directs the
Commissioner of CBP to provide his report to the Committee upon
completion of the review. Furthermore, the Committee recommends
that CBP continue to work cooperatively with the general
aviation pilot community, through organizations such as the
Aircraft Owners and Pilots Association and others, to ensure
open communication regarding efforts involving general aviation
law enforcement activities.
CONSTRUCTION AND FACILITIES MANAGEMENT
Appropriations, 2014.................................... $456,278,000
Budget estimate, 2015................................... 482,205,000
Committee recommendation................................ 478,459,000
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 $478,459,000, for construction and
facilities management activities of U.S. Customs and Border
Protection, to remain available until September 30, 2019. This
is $3,746,000 below the amount requested and $22,181,000 above
the amount provided in fiscal year 2014. The recommendation
provides $4,100,000 of the requested increase for upgrading
Border Patrol facilities, as well as an increase of $3,563,000
to re-activate the old McAllen Border Patrol Station to address
the escalating need to process unaccompanied alien children.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
CONSTRUCTION AND FACILITIES MANAGEMENT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Facility construction and sustainment..................... 375,398 385,137 383.900
Program oversight and management.......................... 80,880 97,068 94,559
-----------------------------------------------------
Total, Construction and facilities management....... 456,278 482,205 478,459
----------------------------------------------------------------------------------------------------------------
ADDITIONAL LAND BORDER PORT REQUIREMENTS
Once again, the President's budget proposes to transfer
from GSA to CBP--via a delegation of authority--the operation,
maintenance, and repair of LPOEs. GSA retains the authority
over major construction (including funding, contracting, and
oversight). The Committee supports this recommendation. Not
later than 180 days after the date of enactment of this act,
CBP and GSA jointly shall brief the Committee on implementation
of the delegation of authority.
Additionally, the Committee notes its continued interest in
CBP exploring alternate options for funding POE construction
and improvements, including expanded use of public-private
partnerships, and was pleased to see such a proposal included
in the President's budget request. The Committee includes a
modified version of this proposal as a general provision in
title V.
5-YEAR CONSTRUCTION PLAN
The Committee reminds CBP that the fiscal year 2012
Department of Homeland Security Act made permanent the
requirement that a 5-year plan for all Federal land border
ports of entry shall be submitted annually with the President's
budget request. The Committee directs the Department to
continue to work with the GSA on its nationwide strategy to
prioritize and address the infrastructure needs at land border
POEs and to comply with the requirements of the Public
Buildings Act of 1959 (40 U.S.C. 3301) and seek necessary
funding.
The Committee further directs the Department to encourage
the use of small businesses in all phases of the contracting
process for construction and renovation of POEs.
The bill includes a general provision repealing section 605
of division E of Public Law 110-161 (6 U.S.C. 1404). CBP is no
longer required to conduct these land border port of entry
technology demonstration projects. However, CBP is encouraged
to conduct technology demonstration projects as it sees fit in
order to meet the CBP mission.
DETENTION STANDARDS
The Committee recognizes that CBP is responding to a
humanitarian crisis on our Southwest border given the dramatic
influx in encounters of unaccompanied alien children. It is
working with a number of U.S. Government agencies and other
entities to locate appropriate facilities for the processing
and sheltering of these children. In this process, CBP must
remain cognizant that these temporary facilities must meet all
appropriate standards of care for this special population.
Additionally, the Committee understands that CBP is
currently revising its current short-term detention and hold
room policy and expects CBP to be compliant with the Prison
Rape Elimination Act, which became effective on May 6, 2014. No
later than 90 days after enactment, the Committee directs CBP
and ICE ERO to brief on its short-term detention and hold room
policies and implementation with specific attention given to
the amount of time detainees spend in CBP custody.
U.S. Immigration and Customs Enforcement
SUMMARY
U.S. Immigration and Customs Enforcement [ICE] is
responsible for enforcing immigration and customs laws and
detaining and removing deportable or inadmissible aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $5,507,957,000,
including direct appropriations of $5,162,957,000, and
estimated fee collections of $345,000,000.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
Salaries and expenses................................. 5,229,461 4,988,065 5,136,957
Automation modernization.............................. 34,900 26,000 26,000
Construction.......................................... 5,000 ................ ................
-----------------------------------------------------
Total, Appropriations............................... 5,269,361 5,014,065 5,162,957
=====================================================
Estimated Fee Collections:
Immigration inspection user fee....................... 135,000 135,000 135,000
Breached bond/detention fund.......................... 65,000 65,000 65,000
Student exchange and visitor fee...................... 145,000 145,000 145,000
-----------------------------------------------------
Total, Estimated fee collections.................... 345,000 345,000 345,000
=====================================================
Total, U.S. Immigration and Customs Enforcement..... 5,614,361 5,359,065 5,507,957
----------------------------------------------------------------------------------------------------------------
SALARIES AND EXPENSES
Appropriations, 2014.................................... $5,229,461,000
Budget estimate, 2015................................... 4,988,065,000
Committee recommendation................................ 5,136,957,000
The ICE Salaries and Expenses account provides funds for
the enforcement of immigration and customs laws, intelligence,
and detention and removals. In addition to directly
appropriated resources, funding is derived from the following
offsetting collections:
Immigration Inspection User Fee.--ICE derives funds from
user fees to support the costs of detention and removals in
connection with international inspections activities at
airports and seaports, as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356).
Student Exchange Visitor Program Fee.--ICE collects fees
from foreign students, exchange visitors, and schools and
universities to certify and monitor participating schools, and
to conduct compliance audits.
Immigration Breached Bond/Detention Fund.--ICE derives
funds from the recovery of breached cash and surety bonds in
excess of $8,000,000 as authorized by the Immigration and
Nationality Act (8 U.S.C. 1356); and from a portion of fees
charged under section 245(i) of the Immigration and Nationality
Act to support the cost of the detention of aliens.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,136,957,000, for Salaries and
Expenses of ICE for fiscal year 2015. This is $148,892,000
above the request and $92,504,000 below the amount provided in
fiscal year 2014. The Committee includes bill language placing
a $35,000 limit on overtime paid to any employee; making up to
$10,000,000 available for special operations; making up to
$2,000,000 available for the payment of informants; making up
to $11,216,000 available to reimburse other Federal agencies
for the costs associated with the care, maintenance, and
repatriation of smuggled illegal aliens; making not less than
$305,000 available for promotion of public awareness of the
child pornography tipline and activities to counter child
exploitation; making not less than $5,400,000 available to
facilitate agreements consistent with section 287(g) of the
Immigration and Nationality Act; limiting the use of funds for
facilitating agreements consistent with section 287(g) of the
Immigration and Nationality Act to the same activities funded
in fiscal year 2005; making $15,770,000 available for
activities to enforce laws against forced child labor, of which
$6,000,000 shall remain available until expended; making up to
$11,475 available for official reception and representation
expenses; and making a total of $30,535,000 available until
September 30, 2016 for the Visa Security Program [VSP] and
international operations postings. Of this amount, $15,734,000
is for VSP and $14,801,000 is for international postings.
The Committee recognizes that ICE has had to make difficult
budget savings and downward adjustments to its base funding.
However, included in the amount recommended by the Committee is
$5,700,000 to annualize the special agent and support positions
funded in the fiscal year 2014 act.
As discussed in greater detail below, the Committee
recommends increases for domestic investigations, detention
beds, and transportation and removal for unaccompanied alien
children.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters, management, and administration:
Personnel compensation and benefits, services, and 191,909 198,602 197,002
other costs..........................................
Headquarters-managed IT investment.................... 143,808 150,927 150,419
-----------------------------------------------------
Subtotal, Headquarters, management, and 335,717 349,529 347,421
administration.....................................
Legal proceedings......................................... 205,584 214,731 212,893
Investigations:
Domestic investigations............................... 1,672,220 1,644,552 1,642,811
International operations.............................. 99,741 101,228 100,730
Visa Security Program................................. 31,541 31,854 31,728
-----------------------------------------------------
Subtotal, Investigations............................ 1,803,502 1,777,634 1,775,269
Intelligence.............................................. 74,298 77,045 76,479
Detention and removal operations:
Custody operations.................................... 1,993,770 1,791,913 1,870,444
Fugitive operations................................... 128,802 131,591 130,515
Criminal Alien Program................................ 294,155 322,407 327,040
Alternatives to detention............................. 91,444 94,106 94,106
Transportation and Removal Program.................... 276,925 229,109 302,790
-----------------------------------------------------
Subtotal, Detention and removal operations.......... 2,785,096 2,569,126 2,724,895
Secure Communities........................................ 25,264 ................ ................
=====================================================
Total, Salaries and expenses...................... 5,229,461 4,988,065 5,136,957
----------------------------------------------------------------------------------------------------------------
UNACCOMPANIED ALIEN CHILDREN
As discussed earlier in this report, both CBP and ICE have
become overwhelmed by the vastly increasing numbers of
unaccompanied alien children being encountered along our
southwest border. While CBP processes, temporarily holds, and
cares for these children, ICE often transports them to an
Office of Refugee Resettlement location. Frequently this
requires commercial or chartered air transport. Transporting a
child by air requires two ICE law enforcement personnel to
accompany the child. This is an increasing expense which also
results in the officers being pulled from their frontline
positions for days at a time. ICE spent approximately
$1,800,000 in fiscal year 2013 on commercial or charter
repatriations. However, the budget request proposes to severely
cut transportation and removal funding by 17.3 percent from the
fiscal year 2014 level. Recognizing the principal role ICE
plays in transporting UACs, the Committee recommends a total of
$87,605,000 above the request, of which $66,831,000 is for the
transportation and removal program, $12,317,000 is for the
criminal alien program, and $8,457,000 is for custody
operations. Bill language is also included providing additional
flexibility to move available resources for the transportation
of UACs.
INVESTIGATIONS
The Committee recommends a total of $1,642,811,000 for
Homeland Security domestic investigations. Within the total is
$5,700,000 above the request to sustain positions funded in
2014, and $5,000,000 above the request for additional
investigations. The Committee directs that these additional
funds, when combined with base investigative resources, should
focus on antidumping and countervailing duty investigations,
especially into illegally dumped seafood; human smuggling and
trafficking investigations; counterproliferation; anti-gang;
and drug smuggling investigations. ICE shall submit an
expenditure plan breaking out how it proposes to allocate all
resources provided in this act for domestic investigations not
later than 90 days after the date of enactment of this act.
This plan shall detail both financial resources as well as the
personnel dedicated to each mission area and shall be at the
same level of detail as the quarterly investigations activities
report.
HUMAN TRAFFICKING
ICE plays a critical role in combating severe forms of
human trafficking in the United States and is therefore one of
the first lines of defense in stopping this heinous crime. In
2013, ICE Homeland Security Investigations [HSI] reported
investigating 1,720 cases possibly involving human trafficking,
an increase from 1,382 cases investigated in fiscal year 2012.
This was a 24 percent increase in investigations in just 1
year. Additional resources are needed to continue to expand
investigations against suspected human traffickers and help
reduce the incidents of trafficking and forced labor in the
United States.
Within funds made available within the domestic
investigations account, the Committee recommends not less than
$10,000,000 for investigations into severe forms of human
trafficking and to expand investigations against suspected
human traffickers. Congress called on ICE to take a more active
role in pursuing investigations of human trafficking under
section 113(i) of the Trafficking Victims Protection Act [TVPA]
of 2000, as amended by the TVPRA of 2005, the TVPRA of 2008,
and the TVPRA of 2013. ICE is one of the first lines of defense
in combating this crime.
TRAINING REGARDING HUMAN TRAFFICKING
ICE plays a critical role in investigating criminal
organizations which traffic individuals into the United States.
The Committee encourages ICE to work with appropriate nonprofit
organizations and victim service providers to improve the
training of ICE officers in the field to assist in the
identification of human trafficking victims, especially
children, and provide appropriate referrals to victim service
organizations. The Committee also encourages ICE to examine its
policies regarding granting Continued Presence to eligible
human trafficking victims identified by law enforcement.
Relatedly, the Committee is concerned that online
classifieds Web sites like Backpage.com can be used to
facilitate human trafficking, and in particular the sexual
exploitation and sex trafficking of minors. Criminal gangs are
increasingly finding human trafficking to be more lucrative
than other traditional forms of revenue generation. The
Committee directs ICE, as part of its briefings on
investigations, to provide information on instances where an
online classifieds site is determined to be the conduit for
exploiting trafficked persons, especially minors, and the
actions ICE is taking to shut down these sites.
HERO CHILD RESCUE CORPS
In April 2013, ICE, entered into a partnership with U.S.
Special Operations Command and the National Association to
Protect Children [PROTECT] to launch the ``Human Exploitation
Rescue Operative [HERO] Child Rescue Corps'' program. The 12-
month internship program is a highly competitive, highly
selective, non-paid internship, designed for wounded, injured,
and ill Special Operations Forces to receive training in high-
tech computer forensics and law enforcement skills to assist
HSI and law enforcement in their efforts to combat child sexual
exploitation. Upon successful completion of the training, HERO
participants are embedded into computer forensic analyst
positions within HSI offices to receive on-the-job training
experience. The Committee commends ICE for its participation in
this innovative program. The Committee expects the Department
to allocate $1,000,000 in available funds to hire, train, and
equip wounded, ill, or injured veterans as digital forensic
analysts or investigators to support child exploitation
investigations. The Committee directs a briefing on ICE's
efforts in this regard be provided not later than 180 days
after the date of enactment of this act.
CHILD EXPLOITATION
ICE is directed to maintain its relationship with the
National Center for Missing and Exploited Children in regards
to its ongoing support for investigations and other child
exploitation activities.
GANGS
Additionally, the Committee supports the work of the
National Gang Unit and encourages the Department and ICE to
continue these aggressive investigations, specifically of gangs
of national significance which are perpetuating much of the
violence in our major urban areas while also engaging in a
variety of illicit activity including international drug, gun,
and human trafficking.
TRADE COMPLIANCE AND ENFORCEMENT
The Committee notes that Intellectual Property Rights [IPR]
violations are a significant revenue source for transnational
criminal organizations including Mexican drug cartels.
According to officials at the IPR Coordination Center, these
violations are a low-risk/high-profit type of crime. The Center
sees more organized crime groups engaging in these types of
illegal activities because of the high-dollar value to them.
The Committee fully funds the request for trade enforcement
activities and directs that not less than $15,000,000 support
intellectual property rights and commercial trade fraud
investigations, including undercover equipment, translation and
transcription of court-ordered wiretaps, commercial fraud
training, and outreach at the IPR Center. The Committee urges
ICE to prioritize investigations involving illicit trade of
dangerous goods that could be harmful to the public, including
counterfeit pharmaceuticals, synthetic drugs, and tainted food.
LAW ENFORCEMENT SUPPORT CENTER
The Committee provides funding of $34,500,000 for resources
and full-time law enforcement personnel at the Law Enforcement
Support Center [LESC] which serves a critical function in the
Federal Government's immigration enforcement efforts. Further,
in order to promote efficiency, the Committee recommends that
ICE take steps to ensure that current operations being carried
out at the LESC remain centralized at the LESC facility and are
not unnecessarily duplicated in other parts of the country.
INTERNATIONAL INVESTIGATIONS
The Committee recommends $100,730,000 for international
operations and $31,728,000 for the Visa Security Program [VSP].
Of the total amount provided for VSP, $15,734,000 is available
for obligation through September 30, 2016. Additionally, due
the lengthy period of time it takes to negotiate with the
Department of State on placing ICE personnel abroad,
$14,801,000 of the total for international investigations is
available until September 30, 2016, for international postings.
IMMIGRATION ENFORCEMENT
The role of the Appropriations Committee is to provide the
resources necessary to enforce enacted laws and administration
policy. The Committee takes seriously its role with regard to
providing sufficient resources within constrained budgets to
effectively and efficiently enforce immigration laws.
Maintaining an adequate number of detention beds is
critical to ensuring the integrity of our entire immigration
enforcement system, including border enforcement. In fiscal
year 2013, ICE removed a total of 368,644 aliens, including
216,810 convicted criminal aliens, compared with 175,106
removed in fiscal year 2004. During the first half of the
current fiscal year, ICE had removed 155,199 aliens, including
91,721 convicted criminals. It is imperative that sufficient
detention bed space be maintained so that aliens who pose the
greatest threat to the community or who are required to be
detained by current law can be detained. As of mid-fiscal year
2014, ICE's detention population consisted of over 90 percent
mandatory and criminal aliens. The number of aliens in
detention spike at certain periods during the fiscal year. For
instance, on May 2, 2014, there were 34,233 aliens in detention
beds nationwide, but this figure has increased to 38,096 as of
June 2, 2014. However, the yearly average still remains well
below the fiscal year 2014 statutory bed requirement of 34,000.
It is incumbent on ICE to manage its detention bed resources to
ensure there are sufficient detention beds as these
fluctuations occur during the year.
The Committee directs ICE to take appropriate measures to
reduce the daily bed rate charged to the Federal Government
through a competitive process in contracting for or otherwise
obtaining detention beds while ensuring that the most recent
applicable detention standards, including health standards, are
met. The Committee notes that detention beds are generally
cheaper to obtain in remote and/or rural areas; however the
trade-off to this reduced cost is that detainees may benefit
from improved legal access and family visitation when housed
near an urban center. In reviewing its bed space contracting
process, ICE should also provide consideration to the needs of
family units. The Committee is aware that currently ICE does
not have enough bed space to shelter family units based on the
current influx of families trying to cross our border.
Recognizing that the funds requested in the request are
insufficient to support the requested bed level, much less the
requirement for additional beds and the need for detention of
family units, the Committee recommends $1,870,444,000, for a
minimum of 31,039 detention beds, 500 beds above the level
requested, and $28,000,000 above the request for a family
detention facility which will have approximately 450 beds. The
increased funding also reflects more than $30,000,000 above the
request due to the fact that the budget request assumed an
artificially low daily cost rate per bed. Absent this
additional funding, ICE would be unable to sustain the bed
level throughout the fiscal year. Bill language is also
included permitting the Secretary to propose to reprogram funds
necessary to ensure the detention of aliens prioritized for
removal, subject to the reprogramming guidelines contained in
section 503.
SPECIAL NEED POPULATIONS
The increase in border apprehensions, particularly in the
Rio Grande Valley, includes a growing number of UACs and family
groups, both of which have special vulnerabilities and needs.
This dramatic increase in border apprehensions is not currently
matched by an increase in program resources, particularly staff
FTEs, to provide case management to the detention population.
Additionally, more immigration judges and resources from the
Executive Office of Immigration Review [EOIR] are required to
reduce the length of time it takes to complete a detained
proceeding, so that detention bed space is freed up for new
cases. The Committee notes that the Senate Appropriations bill
for Commerce, Justice and Science includes over $5,800,000, as
requested, to improve EOIR reviews related to UACs. These funds
may help free up needed ICE detention bed space more rapidly.
COURTHOUSES
In testimony before the House Judiciary Committee on May
29, 2014, when asked about locations of immigration enforcement
actions, the Secretary stated that ``Courthouses are special.
We ought to have a special policy with regard to courthouses.''
As the Secretary indicated he would take a look at the issue,
the Committee encourages the Secretary to develop new
guidelines regarding enforcement actions at courthouses and
directs a briefing be provided on this effort not later than
120 days after the date of enactment of this act.
DETENTION OF PREGNANT WOMEN
The Performance-Based National Detention Standards 2011
Section 2.15 Use of Force, issued by ICE, specifically
prohibits the use of restraints on pregnant women or women in
post-delivery recuperation when they do not present a flight
risk or a danger to their own life or the lives of others
absent ``extraordinary circumstances'' as specified in
subsection ``F''. The Committee expects ICE to make certain
that all detention or other contracts and agreements ensure
that the Use of Force exception for pregnant women is fully
implemented for all women held under an ICE detainer.
ALTERNATIVES TO DETENTION
The Committee recommends $94,106,000 for the Alternatives
to Detention [ATD] program. This is the same level as the
request and $2,662,000 above the enacted level. While the
Committee remains very supportive of the ATD program, in the
past few years ICE has not effectively maximized the use of
this program.
The Committee directs ICE to provide greater transparency
on its use of the program--including providing quarterly
briefings on the results of any evaluations of the program by
field offices. ICE should post on its Web site any contractor
evaluations and OIG reports related to the ATD program.
SECURE COMMUNITIES IN THE CRIMINAL ALIEN PROGRAM
The Committee continues its support of the Secure
Communities program as it has been merged into the Criminal
Alien Program [CAP]. The Committee recommends $327,040,000 for
the CAP program, $4,633,000 above the amount requested and
$32,855,000 above the amount provided in 2014.
The Committee continues a provision, as requested, ensuring
that all illegal aliens encountered when enforcing our
immigration laws are apprehended.
IMPACTS OF IMMIGRATION ENFORCEMENT ON U.S. CITIZEN CHILDREN OF REMOVED
ALIENS
It is important for ICE to institute appropriate policies
and measures to ensure that U.S. citizen children of illegal
aliens receive all necessary and appropriate treatment
throughout the immigration enforcement process. The Committee
is aware that the Urban Institute and others are conducting a
study, funded by the Department of Health and Human Services,
focused on all aspects of this issue including the number of
children affected by the detention and removal of a parent, the
impact of family separation and loss of income on the well-
being of children, and the short, intermediate, and long-term
economic, health, and social service needs of these children.
The final report is due to be released in early 2015. The
Committee directs ICE to provide all appropriate assistance to
those conducting the study and to implement any recommendations
from the report. ICE shall keep the Committee regularly updated
on activities affecting these U.S. citizen children.
The Committee directs ICE to continue to submit the
semiannual report on ``Deportation of Parents of U.S.-Born
Citizens''.
GANGS
The Committee remains concerned about increasing gang
violence and criminal activity in many parts of our Nation. Not
later than 180 days after the date of enactment of this act,
the Committee directs ICE to submit a report to the Committee
regarding the detention and removal of gang members. This
report should include: (1) a State by State breakdown of the
number of gang members detained, removed, or both detained and
removed; and (2) the number of gang members detained, removed,
or both detained and removed in the 10 largest metropolitan
areas in the United States.
DETENTION AND REMOVAL REPORTING
ICE is directed to continue to provide quarterly detention
and removal reports at the same level of detail as directed in
Senate Report 112-74.
STUDENT AND EXCHANGE VISITOR INFORMATION SYSTEM
The Student and Exchange Visitor Information System [SEVIS]
was launched in 2002 to mitigate critical vulnerabilities
exploited by the 9/11 hijackers. While adjustments have been
made to the system over the years, it has been clear that the
initial system would require replacement to meet many important
user needs and security interests. ICE has had a SEVIS II
modernization program since 2007, though the program has moved
glacially. The Committee directs ICE to assess the current
vulnerabilities of SEVIS, the requirements for modernization or
system upgrades, and a path forward for the program. ICE shall
brief the Committee no later than October 1, 2014.
LICENSE PLATE READERS
A general provision is included directing that any
solicitation or request for proposal of a National License
Plate Recognition database or other similar project be
postponed indefinitely.
AUTOMATION MODERNIZATION
Appropriations, 2014.................................... $34,900,000
Budget estimate, 2015................................... 26,000,000
Committee recommendation................................ 26,000,000
The Automation Modernization account provides funds for
major information technology [IT] projects for U.S. Immigration
and Customs Enforcement, including modernization of TECS,
modernization of Detention and Removal Operations' IT systems
for tracking detainees (DRO Modernization), electronic health
records, and other systems.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total of $26,000,000, the same
as the request and $8,900,000 below the amount provided in
fiscal year 2014. These funds are to remain available until
September 30, 2017.
The Committee recommends $5,000,000, as requested, for the
Consolidated ICE Financial Solution [CIFS]. The Committee
understands CIFS will allow ICE to replace the legacy core
financial system that it owns and operates by acquiring
financial services from a Shared Service Provider which will
host and operate the core financial system for ICE and its
customers. ICE shall provide a briefing on the progress with
CIFS not later than 180 days after the date of enactment of
this act.
AUTOMATION MODERNIZATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Automation modernization:
IT investment......................................... 8,400 ................ ................
TECS modernization.................................... 23,000 ................ ................
Electronic health records............................. 3,500 ................ ................
-----------------------------------------------------
Subtotal............................................ 34,900 26,000 26,000
----------------------------------------------------------------------------------------------------------------
TECS MODERNIZATION
TECS is an information technology system in place since the
1980s that provides border security and law enforcement
personnel information about people who are inadmissible or may
pose a threat to the security of the United States. Over time,
however, it has become increasingly difficult and expensive to
maintain because of technology obsolescence and its inability
to support new mission requirements.
A recent GAO report (GAO-14-342T) noted that TECS Mod has
continued to experience schedule and cost changes. Regarding
ICE's $818,000,000 TECS Mod program, it is redesigning and
replanning its program, after determining that its initial
solution was not viable and could not support ICE's needs. The
Department's CIO has expressed concern about the problematic
nature of this modernization effort. As a result, CBP and ICE
shall to continue to conduct the semiannual joint briefings on
the status of this modernization effort for the Committee.
CONSTRUCTION
Appropriations, 2014.................................... $5,000,000
Budget estimate, 2015...................................................
Committee recommendation................................................
This appropriation provides funding to plan, construct,
renovate, equip, and maintain buildings and facilities
necessary for the administration and enforcement of the laws
relating to immigration, detention, and alien registration.
COMMITTEE RECOMMENDATIONS
The Committee recommends no funds, as requested. Any
carryover funds available within the Construction account will
be used for emergency repairs and alterations, especially those
focused on life and safety.
Transportation Security Administration
The Transportation Security Administration [TSA] is charged
with ensuring security across U.S. transportation systems,
including aviation, railways, highways, pipelines, and
waterways, and safeguarding the freedom of movement of people
and commerce. Separate appropriations are provided for the
following activities within TSA: aviation security including
Federal Air Marshals; surface transportation security;
intelligence and vetting; and transportation security support.
COMMITTEE RECOMMENDATIONS
The Committee recommends a total program level of
$7,233,967,000 and a net of $4,824,362,000 for the activities
of TSA for fiscal year 2015.
The request includes several funding realignments within
and, in some cases, between appropriations accounts. For fiscal
year 2015, TSA requests over 25 different realignments between
appropriation accounts and PPAs. This practice has become all
too common over the last few years and, as a result, making
general comparisons to prior year funding has become a
budgetary Rubik's cube. In order to preserve an orderly
accounting of budgetary resources from one year to the next and
to maintain proper oversight of appropriations, TSA is
discouraged from continuing the seemingly unending funding
realignments in future fiscal years.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
TRANSPORTATION SECURITY ADMINISTRATION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2015
Fiscal year 2014 budget Committee
enacted request\1\ recommendations\1\
----------------------------------------------------------------------------------------------------------------
Aviation Security...................................... 4,982,735 5,683,304 5,634,710
Aviation Security Capital Fund (mandatory)............. 250,000 250,000 250,000
Surface Transportation Security........................ 108,618 127,637 126,749
Intelligence and Vetting (direct appropriations)....... 176,489 232,526 219,166
Intelligence and Vetting (fee-funded programs)......... 66,000 79,605 79,605
Transportation Security Support........................ 962,061 932,026 923,737
Federal Air Marshals................................... 818,607 ................ ...................
--------------------------------------------------------
Total, Transportation Security Administration 7,364,510 7,305,098 7,233,967
(gross).........................................
Offsetting Fee Collections--current law................ -2,120,000 -2,080,000 -2,080,000
Offsetting Fee Collections--proposed passenger fee ................ -190,000 ...................
increase..............................................
Offsetting Fee Collections--proposed aviation security ................ -380,000 ...................
infrastructure fee reinstatement......................
Aviation Security Capital Fund (mandatory)............. -250,000 -250,000 -250,000
Fee Accounts [TTAC].................................... -66,000 -79,605 -79,605
--------------------------------------------------------
Total, Transportation Security Administration 4,928,510 4,325,493 4,824,362
(net)...........................................
----------------------------------------------------------------------------------------------------------------
\1\Funding for Federal Air Marshals included in Aviation Security.
AVIATION SECURITY
Appropriations, 2014.................................... $4,982,735,000
Budget estimate, 2015................................... 5,683,304,000
Committee recommendation................................ 5,634,710,000
The Aviation Security account provides for Federal aviation
security, including screening of all passengers and baggage,
deployment of on-site law enforcement, continuation of a
uniform set of background requirements for airport and airline
personnel, and deployment of explosives detection technology.
The aviation security activities include funding for:
Federal transportation security officers [TSOs] and private
contract screeners; air cargo security; procurement,
installation, and maintenance of explosives detection systems
[EDS]; checkpoint technologies and support; airport management
and support; Federal air marshals and other aviation regulation
and enforcement activities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $5,634,710,000 for aviation
security activities. This is $48,594,000 below the amount
requested. Of this amount, the Committee recommends not to
exceed $7,650 for official reception and representation
expenses.
The Committee has streamlined the Aviation Security
Appropriation budget structure by maintaining existing PPAs,
but eliminating outdated sub-appropriations. The PPA
descriptions provide a clear description of budgetary authority
per activity. The new structure also includes the Federal Air
Marshals as a PPA under Aviation Security instead of a stand-
alone appropriation. As a result, all operational aviation
security activities are now consolidated under the same
appropriation.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
AVIATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Screening Partnership Program............................. 158,190 154,572 160,226
Screening Personnel, Compensation, and Benefits........... 3,033,526 2,952,868 2,947,939
Screener Training and Other............................... 226,857 226,290 225,707
Checkpoint Support........................................ 103,309 103,469 88,469
EDS Procurement and Installation.......................... 73,845 84,075 74,000
Screening Technology Maintenance.......................... 298,509 294,509 294,509
Aviation Regulation and Other Enforcement................. 354,437 348,653 338,653
Airport Management and Support............................ 587,000 591,734 588,864
FFDO and Flight Crew Training............................. 24,730 20,000 20,000
Air Cargo................................................. 122,332 106,920 106,343
Federal Air Marshals...................................... ................ 800,214 790,000
Aviation Security Capital Fund (mandatory)................ (250,000) (250,000) (250,000)
-----------------------------------------------------
Total, Aviation Security............................ 4,982,735 5,683,304 5,634,710
----------------------------------------------------------------------------------------------------------------
AVIATION SECURITY FEES
The Congressional Budget Office [CBO], in its analysis of
the President's budget, has re-estimated discretionary
offsetting collections from aviation security fees to be
$2,080,000,000 under existing law. CBO estimates another
$250,000,000 in mandatory collections will be collected and
dedicated to the Aviation Security Capital Fund and
$1,440,000,000 to deficit reduction pursuant to the Bi-Partisan
Budget Agreement of 2013. CBO also estimates that an additional
$190,000,000 in discretionary offsetting receipts would be
collected as a result of the administration's proposal to
modify aviation passenger fees in fiscal year 2015 by
increasing the current law passenger fee of $5.60 per one-way
trip to $6 per one-way trip and $380,000,000 through the
reinstatement of the Aviation Security Infrastructure Fee.
While the reasoning behind the proposed increases has merit,
the Committee believes the proposals should be channeled
through the appropriate legislative committees. A general
provision has been added prohibiting funds for the salaries and
expenses of personnel who prepare or submit legislative
proposals as part of the President's budget submission that
assumes revenues that have not been enacted into law.
The Administrator is directed to brief the Committee no
later than 180 days from enactment on the financial impact of
the Aviation Passenger Security Fee on air passengers from
Alaska and Hawaii as compared to the contiguous 48 States where
travel originates in comparable airports that service rural
communities. The Committee encourages TSA to examine the cost
difference to passengers for the July 1, 2014, fee increase and
the difference in per capita enplanements for rural communities
in Alaska and Hawaii.
SCREENING PARTNERSHIP PROGRAM
The Committee recommends $160,226,000 for the Screening
Partnership Program [SPP]. This is $5,654,000 above the amount
requested and $2,036,000 above the amount provided in fiscal
year 2014. The recommendation provides the necessary funds for
security at airports where private screening contracts are in
place, including four airports recently added to the program.
TSA shall adjust its PPA line items, and notify the
Committee within 10 days, to account for any changes in private
screening contracts, including new awards under the SPP, or the
movement from privatized screening into Federal screening. TSA
shall also notify the Committee if the agency expects to spend
less than the appropriated amount due to situations where no
additional airports express interest in converting to
privatized screening, or where airports currently using
privatized screening convert to using Federal screeners. The
Committee also expects to be briefed on any proposed changes
being considered for the SPP program.
In the explanatory statement accompanying division F of
Public Law 113-76, the Consolidated Appropriations Act, 2014,
TSA was directed to conduct an independent study of the
performance of federalized screening to privatized screening,
and to provide a copy of the study to GAO for its review. TSA
is directed to take the necessary steps to ensure the study is
completed, along with a copy presented to GAO, no later than
January 15, 2015. Should the study not be completed by that
date, or should TSA fail to provide a copy of the completed
study to GAO for its review, TSA shall inform the Committee by
the deadline to explain why it has not compiled with these
directives and when it expects to do so.
SCREENER PERSONNEL, COMPENSATION, AND BENEFITS
The Committee recommends $2,947,939,000 for Screener
Personnel, Compensation, and Benefits. This is $4,929,000 below
the amount requested and $85,587,000 below the amount provided
in fiscal year 2014. The recommendation includes reductions
related to risk based security [RBS] efficiencies, reduced
playbook operations, in-line systems savings, and a shift to
the SPP PPA reflecting new privatized screening contracts. As a
result of TSA's continued expansion of risk based initiatives
and more travelers being eligible for expedited screening,
higher savings are being realized in fiscal year 2014 and
fiscal year 2015 than originally anticipated. Because of this
development, the recommendation includes a rescission of funds
for fiscal year 2014 and a reduction below the request for
fiscal year 2015.
The Committee bill does not include a statutory cap on TSA
screening personnel as FTE levels are declining by more than
3,186 in fiscal year 2015 and are well below the ceiling set in
the fiscal year 2014 DHS Appropriations Act. TSA should be
commended for achieving personnel savings as a result of its
risk-based approach to passenger screening and the deployment
of improved screening technologies.
SCREENER TRAINING AND OTHER
The Committee recommends $225,707,000 for Screener Training
and Other. This is $583,000 below the amount requested and
$1,150,000 below the amount provided in fiscal year 2014. The
recommendation includes the requested reductions associated
with RBS efficiencies, reduced Playbook operations, and savings
from more efficient in-line checked baggage systems. Funds are
provided to support training of TSOs and other direct costs
associated with TSO operations, such as: consumable supplies,
checkpoint janitorial services, travel for the National
Deployment Force, uniform allowances, hazardous materials
disposal, and a model workforce program. The recommendation
reflects the requested realignment of funding from other
accounts to better align programmatic activities.
The Committee expects TSA to make the appropriate resources
available from this PPA to carry out the TSO training
recommendations made in TSA's after action report following the
tragic shooting at the Los Angeles International Airport in
November 2013.
CHECKPOINT SUPPORT
The Committee recommends $88,469,000 for Checkpoint
Support. This is $15,000,000 below the amount requested and
$14,840,000 below the amount provided in fiscal year 2014.
Funds are provided to field test and deploy equipment for
passenger screening, carry-on baggage screening, checkpoint
reconfiguration, electronic surveillance of checkpoints, and
operational integration of systems. As stated in the budget
request, currently deployed technologies include walk-through
metal detectors, explosives trace detection, bottled liquid
scanners, chemical analysis devices, advanced technology
systems, and Advanced Imaging Technology [AIT]. The budget also
indicates that credential authentication technology, which
digitally validates the ID used by the traveling public, will
begin deployment in fiscal year 2015.
The reduction below the request is to be offset by an
identical amount in unobligated balances for checkpoint
technologies that have remained unspent for over 7 years. The
Committee cannot support appropriations for new funding when
prior year balances continue to languish in TSA's coffers.
The Committee understands TSA is working to create a
Technology Roadmap for all screening technologies in order to
have a better understanding of technological advancements being
considered, clear timelines for completion, and the level of
investment necessary to reach maturity. TSA plans to complete
the Roadmap first for AIT followed by other passenger screening
technologies before the end of this fiscal year. TSA is to
provide the Committee with the Technology Roadmap upon its
completion and brief the Committee on its conclusions.
ADVANCED INTEGRATED SCREENING TECHNOLOGIES
Pursuant to a statutory requirement in the bill, TSA is to
continue providing a report on advanced integrated passenger
screening technologies for the most effective security of
passengers and baggage not later than 90 days after the date of
enactment of this act. The report provides a useful description
of existing and emerging equipment capable of detecting threats
concealed on passengers and in baggage as well as projected
funding levels for the next five fiscal years for each
technology discussed in the report.
In order to leverage and maximize the capabilities of the
aviation security industrial base, TSA needs to provide ongoing
guidance related to screening technology requirements. To that
end, TSA recently posted its first Strategic Capabilities
Investment Plan to FedBizOpps.gov in an effort to share its
plans with its industry partners. The Committee is encouraged
by this development and expects the plan to be followed by
frequent engagement with industry to communicate evolving
aviation security requirements.
ADVANCED IMAGING TECHNOLOGY
TSA is to continue its frequent briefings on AIT, which is
used to screen passengers for metallic and non-metallic
threats, including weapons, explosives, and other objects
concealed under layers of clothing. The briefings are to
include: procurement details; cost; schedule; associated
staffing requirements; utilization rates; deployments;
throughput rates; progress on the development of AIT-2 and
software improvements to enable the machines to detect smaller
threat masses; and any changes to requirements for full
operating capability. Finally, as recommended by GAO, TSA is to
work toward collecting real time AIT operational data on a
continuing basis so TSA management can better understand how
false alarm rates impact operational costs. TSA is to inform
the Committee when it has met this recommendation.
RISK-BASED SECURITY INITIATIVES
TSA should be commended for streamlining screening
procedures for Pre3TM travelers, children under 12,
senior citizens, flight attendants, and active duty military
personnel. These expedited screening measures are beginning to
yield security, budgetary, and economic benefits to both the
agency and the flying public.
The Committee remains interested in having TSA expand its
RBS efforts, specifically TSA Pre3TM. To help the
Committee understand more specifically what populations are
being processed through TSA Pre3TM lanes, bill
language is included requiring a semiannual report to the
Committees on TSA's efforts to expand the number of passengers
receiving expedited screening.
The Committee commends TSA for establishing a new senior
level position in the agency that is focused on coordinating
and driving all external marketing and communication
initiatives. It is critical that TSA improve its process for
communicating the benefits of Pre3TM and other
expedited screening programs to the traveling public. To that
end, TSA should explore public-private partnerships to leverage
private sector funding to increase enrollment in
Pre3TM. TSA should brief the Committee not later
than 60 days after the date of enactment of this act on its
strategic communications campaign for Pre3TM.
EXIT LANE SECURITY
The recommendation includes funding as requested to
continue monitoring airport exit lanes consistent with section
603 of the Bipartisan Budget Act of 2013. With regard to
remodeling and modernization efforts undertaken by an airport
at an existing exit lane for which TSA was responsible for
monitoring on December 1, 2013, TSA shall continue to be
responsible for monitoring the exit lane after the remodeling
or modernization effort is completed.
The Committee is aware of the potential benefits of
technological solutions that in the future will provide TSA
with the flexibility to reassign exit lane staff to other
priority areas of the airport and reduce overall costs at each
airport. The Committee is aware that TSA has developed an exit
lane security ``toolbox'' to support decision-making and
deployment of technological solutions for exit lane monitoring.
TSA, in coordination with its airport partners, shall continue
to evaluate advancements in technology to realize efficiencies
in exit lane security and, as part of this effort, brief the
Committee periodically on utilization of the ``toolbox.'' The
Committee encourages TSA to evaluate the costs of exit lane
monitoring by TSOs and develop a longer term strategy for
managing this activity using low-cost technological solutions,
working with the airports to look at law enforcement
reimbursement, or other approaches.
EXPLOSIVES DETECTION SYSTEMS
The Committee recommends $74,000,000 for Explosives
Detection Systems procurement and installation. This is
$10,075,000 below the amount requested and $155,000 above the
amount provided in fiscal year 2014. An additional $250,000,000
in mandatory spending will be available from Aviation Security
Capital Fund [ASCF] fee collections. The total discretionary
and mandatory funding will allow TSA to purchase and install
approximately 109 EDS units and 250 Explosives Trace Detection
[ETD] units in fiscal year 2015. The Committee directs TSA to
include its EDS recapitalization plans within the congressional
budget justification for fiscal year 2016 including detailed
information on expected unit replacements.
The recommendation does not include the request to restore
the reduction taken in fiscal year 2014. The requested increase
can be accommodated by using unobligated balances for EDS
procurement and installation that have remained unspent for
over 7 years. The Committee cannot support appropriations for
increased funding when prior year balances continue to languish
in TSA's coffers.
Section 44923 of title 49 requires that the $250,000,000 in
annual mandatory funding deposited into the ASCF is to be
available for airport security improvement projects, such as
facility modifications. However, procurement and installation
of EDS equipment associated with these projects is not
permitted. With a diminishing base of airport applications
seeking large improvement projects and the need to replace
aging EDS machines currently deployed at airports, the
recommendation continues bill language, as requested, to permit
ASCF funding to be used to procure and install EDS equipment
during fiscal year 2015. This will allow TSA to more
effectively, economically, and expeditiously plan and implement
the acquisition and replacement of existing EDS units.
TESTING EVALUATION AND INSTALLATION PLANNING
The Committee continues to be concerned by the length of
time it takes for EDS and other security technology to proceed
through the TSA Test & Evaluation [T&E] process before being
deployed. The Committee is aware of TSA efforts to collaborate
with industry to shorten the T&E process, while ensuring the
technology meets the stringent security requirements necessary
to secure the Nation's transportation systems. The Committee
directs TSA to continue this collaboration with industry to
reduce the amount of iterations and retesting conducted,
explore trade-off analyses, establish permanent operational
test beds, and evaluate third party testing opportunities that
accelerate the deployment of state-of-the-art technology to the
field. Additionally, the Committee encourages TSA to include
cost, length of time, and benefits when making decisions on
additional testing of equipment. TSA is to brief the Committee
not later than 30 days after the date of enactment of this act
on improvements adopted to accelerate the deployment of these
critical technologies.
HIGH SPEED EDS TESTING AND INSTALLATION PLANNING
With regard to high speed EDS, the Committee is aware that
larger airports may want to avail themselves of high speed
explosive detection systems for checked baggage to enhance
security, improve efficiency and ultimately lower operational
costs. Therefore, the Committee urges TSA to complete and issue
reports on candidate systems concurrently with the completion
of each phase of testing rather than waiting until a test phase
is done, as the latter can cause considerable delays in a high
speed system moving into the next phase of testing for ultimate
listing on the federally qualified products list. In addition,
the Committee expects TSA to make clear to airport managers
that there is no restriction on them undertaking discussions
with entities whose high speed systems are compliant with TSA's
planning guidelines and design standards and are awaiting the
completion of tests to be placed on the qualified products
list. The Committee directs TSA to outline how it intends to
overcome these obstacles when it briefs the Committee on its
EDS expenditure plan.
EDS/CHECKPOINT TECHNOLOGY INVESTMENTS
Not later than 60 days after the date of enactment of this
act, TSA is to brief the Committee on its fiscal year 2015
investment plans for checkpoint security and EDS refurbishment,
procurement, and installations on an airport-by-airport basis.
The briefing shall include specific technologies for purchase,
program schedules and major milestones, a schedule for
obligation of the funds, recapitalization priorities, status of
operational testing for each passenger screening technology
under development, and a table detailing actual versus
anticipated unobligated balances at the close of the fiscal
year. The briefing shall also include details on passenger
screening pilot programs that are in progress or being
considered for implementation in fiscal year 2015. Information
in this section is to include a summary of the pilot program
describing what the program is attempting to achieve; potential
capabilities and benefits of the program; the airports where
the pilots will be operating; funding commitments; and plans
for future expansion. The Committee expects the briefing to
include detailed program schedules for passenger screening
technologies. Schedules should include all milestones from the
issuance of a request for proposal to deployment.
INSTALLATION OF OPTIMAL BAGGAGE SCREENING SYSTEMS AND FTE SAVINGS
The Committee no longer requires a separate report on the
savings achieved and anticipated by fiscal year from the
installation of new in-line systems. This information is now
contained as part of the Advanced Integrated Screening
Technologies Report.
AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS FOR IN-LINE BAGGAGE SYSTEM
DEPLOYMENT
As required by the 9/11 Act, TSA is to give funding
consideration to airports that incurred eligible costs for EDS
and that were not recipients of funding agreements. The fiscal
year 2015 EDS expenditure plan shall identify airports eligible
for funding pursuant to section 1604(b)(2) of Public Law 110-53
and funding, if any, allocated to reimburse those airports.
SCREENING TECHNOLOGY MAINTENANCE AND UTILITIES
The Committee recommends $294,509,000 for Screening
Technology Maintenance and Utilities. This is the same amount
as requested and $4,000,000 below the amount provided in fiscal
year 2014. The reduction below fiscal year 2014 reflects
contract efficiencies and reduced equipment levels.
AVIATION REGULATION AND OTHER ENFORCEMENT
The Committee recommends $338,653,000 for Aviation
Regulation and Other Enforcement. This is $10,000,000 below the
amount requested and $15,784,000 below the amount provided in
fiscal year 2014. The recommended amount provides for law
enforcement and regulatory activities at airports to: ensure
compliance with required security measures, respond to security
incidents, and provide international support for worldwide
security requirements. A reduction below the request is made
due to a large gap between funded FTE and on-board personnel.
The recommendation consolidates all funding for the
National Canine Program within this PPA, as requested, which
helps support 985 teams in fiscal year 2015. TSA funded canine
teams have proven to be a reliable, effective, and efficient
way to screen for explosive devices. Since the beginning of
fiscal year 2007, Congress has provided funding to double the
total number of canine teams for multi-modal explosives
detection purposes.
The recommendation also reflects the consolidation of all
funding for the Visible Intermodal Prevention and Response
[VIPR] program in the Surface Transportation Appropriation.
The after action report following the tragic shooting at
the Los Angeles International Airport recommended increased law
enforcement presence at high traffic locations within the
airport such as peak travel times at checkpoints and ticket
counters. TSA is to brief the Committees not later than 30 days
after the date of enactment of this act on the implementation
of this recommendation and if the intended benefit of a visible
deterrence and quicker incident response time has been
achieved.
AIRPORT MANAGEMENT AND SUPPORT
The Committee recommends $588,864,000 for Airport
Management and Support. This is $2,870,000 below the amount
requested and $1,864,000 above the amount provided in fiscal
year 2014. Funds are provided for: the workforce to support TSA
Federal security directors; Bomb Appraisal Officers; Explosives
Security Specialists; the Transportation Security Operations
Center; airport rent and furniture; a vehicle fleet; airport
parking; and employee transit benefits.
The recommendation includes the requested realignments and
reductions associated with RBS efficiencies, reduced Playbook
operations, and savings from more efficient in-line checked
baggage systems.
FEDERAL FLIGHT DECK OFFICER AND FLIGHT CREW TRAINING PROGRAMS
The Committee recommends $20,000,000 for the Federal Flight
Deck Officer [FFDO] and Flight Crew Training programs. This is
the same amount as requested and $4,730,000 below the amount
provided in fiscal year 2014. Funds are provided to deputize
qualified airline pilots who volunteer to be Federal law
enforcement officers and to provide initial and recurrent law
enforcement training. Funds are also provided for the Crew
Member Self-Defense Training program for the purpose of
teaching crew members basic self-defense concepts and
techniques.
The recommended level is sufficient to meet the operational
needs of the program and will not result in a degradation of
the training curriculum or decrease the number of FFDO's
trained per year. The reduction from fiscal year 2014 reflects
realization of program efficiencies and the creation of an
inactive reserve force. The inactive reserve force represents a
percentage of the deputized FFDOs that are unable to fly under
``FFDO status'' as their flight schedule is solely
international.
AIR CARGO
The Committee recommends $106,343,000 for Air Cargo
security. This is $577,000 below the amount requested and
$15,989,000 below the amount provided in fiscal year 2014.
Funds are provided to secure the air cargo supply chain,
conveyances, and people. The reduction below the request
reflects the consolidation of the National Canine Program in
the Aviation Regulation and Other Enforcement PPA.
Not later than 60 days after the date of enactment of this
act, TSA is to brief the Committee on its fiscal year 2015
investment plans for air cargo security, including carryover
balances. The briefing documents shall be in the same format as
expenditure plans submitted in prior years and include detailed
information related to 100 percent screening of domestic and
international inbound air cargo.
PERIMETER SECURITY
The recent breach of a perimeter fence at the San Jose
International Airport underscores the importance of strong
airport perimeter security plans. The Committee is aware that
some airports are employing technological solutions to detect
security breaches of perimeter fences and access points, and
therefore strongly encourages TSA to work with airport
authorities to explore technology options to improve perimeter
security; validate promising technology solutions; and update
airport security plans, as appropriate, to improve the
perimeter security posture of airports.
FEDERAL AIR MARSHALS
The Committee recommends $790,000,000 for Federal Air
Marshals. This is $10,214,000 below the amount requested and
$28,607,000 below the amount provided in fiscal year 2014.
Funding is provided for the Federal Air Marshals [FAMs] to
protect the air transportation system against terrorist
threats, sabotage, and other acts of violence.
This funding decrease reflects the consolidation of all
funding for the Visible Intermodal Prevention and Response
[VIPR] program in the Surface Transportation Appropriation and
other administrative cost adjustments.
A recent study of FAMs operations and staffing by the
Homeland Security Studies and Analysis Institute included
several recommendations related to CONOPS, training, and risk
analysis. Not later than 60 days after the date of enactment of
the act, FAMs is to brief the Committee on its efforts to
implement these recommendations.
The Committee directs TSA to continue to submit quarterly
reports on mission coverage, staffing levels, and hiring rates
as in prior years.
SURFACE TRANSPORTATION SECURITY
Appropriations, 2014.................................... $108,618,000
Budget estimate, 2015................................... 127,637,000
Committee recommendation................................ 126,749,000
Surface transportation security provides funding for
personnel and operational resources to assess the risk of a
terrorist attack on nonaviation modes of transportation,
standards and procedures to address those risks, and to ensure
compliance with established regulations and policies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $126,749,000 for Surface
Transportation Security. This is $888,000 below the amount
requested and $18,131,000 above the amount provided in fiscal
year 2014. Funds are available to assess the risk of terrorist
attacks for all non-aviation transportation modes, issue
regulations to improve the security of those modes, and enforce
regulations to ensure the protection of the transportation
system. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
SURFACE TRANSPORTATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Staffing and operations................................... 35,262 29,375 29,230
Surface transportation security inspectors and VIPR....... 73,356 98,262 97,519
-----------------------------------------------------
Total, Surface Transportation Security.............. 108,618 127,637 126,749
----------------------------------------------------------------------------------------------------------------
SURFACE TRANSPORTATION SECURITY STAFFING AND OPERATIONS
The Committee recommends $29,230,000 for Surface
Transportation Security Staffing and Operations. This is
$145,000 below the amount requested and $6,032,000 below the
amount provided in fiscal year 2014.
SURFACE TRANSPORTATION SECURITY INSPECTORS AND VIPR
The Committee recommends $97,519,000 for Surface
Transportation Security Inspectors and VIPR. This is $743,000
below the amount requested and $24,163,000 above the amount
provided in fiscal year 2014. As requested, the recommendation
includes the consolidation of all VIPR teams within this PPA
and the consolidation of all canine assets under the Aviation
Regulation and Other Enforcement PPA in Aviation Security.
TSA is to brief the Committee no later than 90 days after
the date of enactment of this act on its surface transportation
technology pilot programs and initiatives. The briefing shall
include a summary of all technology pilot programs and
initiatives TSA will have operating or has planned for fiscal
year 2015; what each program/initiative is attempting to
achieve; potential capabilities and benefits of the program/
initiative; locations of each program/initiative; and plans for
future expansion.
INTELLIGENCE AND VETTING
Appropriations, 2014.................................... $176,489,000
Budget estimate, 2015................................... 232,526,000
Committee recommendation................................ 219,166,000
Intelligence and Vetting (formerly known as Transportation
Threat Assessment and Credentialing) includes several programs
that are intended to identify known or suspected terrorists
threats working in or seeking access to the Nation's
transportation system.
COMMITTEE RECOMMENDATIONS
The Committee recommends $219,166,000 for Intelligence and
Vetting. This is $13,360,000 below the amount requested and
$42,677,000 above the amount provided in fiscal year 2014. In
addition, an estimated $79,605,000 in fee collections is
available for these activities in fiscal year 2015, as proposed
in the budget.
As requested, the Intelligence PPA is transferred to this
appropriation from Transportation Security Support in order to
combine intelligence and vetting functions to better inform
daily operations.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
INTELLIGENCE AND VETTING
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Direct Appropriations:
Intelligence.......................................... ................ 51,801 51,545
Secure Flight......................................... 93,202 112,543 99,569
Other Vetting Programs................................ 83,287 68,182 68,052
-----------------------------------------------------
Subtotal, direct appropriations..................... 176,489 232,526 219,166
Fee Collections:
Transportation worker identification credential....... 36,700 34,832 34,832
Hazardous materials................................... 12,000 12,000 12,000
General aviation at DCA............................... 350 350 350
Commercial aviation and airports...................... 6,500 6,500 6,500
Other security threat assessments..................... 50 50 50
Air cargo/certified cargo screening program........... 5,400 7,173 7,173
Pre3TM................................................ ................ 13,700 13,700
Alien flight school................................... 5,000 5,000 5,000
-----------------------------------------------------
Subtotal, fee collections........................... 66,000 79,605 79,605
----------------------------------------------------------------------------------------------------------------
INTELLIGENCE
The Committee recommends $51,545,000 for Intelligence. This
is $256,000 below the amount requested and $6,984,000 above the
amount provided in fiscal year 2014.
SECURE FLIGHT
The Committee recommends $99,569,000 for Secure Flight.
This is $12,974,000 below the amount requested and $6,367,000
above the amount provided in fiscal year 2014. As recommended
by the 9/11 Commission and mandated by the Intelligence Reform
Act, this program transferred the responsibility of airline
passenger watch list matching from the air carriers to the
Federal Government.
The Committee recommendation includes $6,300,000 realigned
from the Other Vetting Programs PPA to continue the
implementation of RBS initiatives. Due to delays in
implementing the Large Aircraft and Charter Screening Program,
the request for increased funding is not provided.
OTHER VETTING PROGRAMS
The Committee recommends $68,052,000 for Crew and Other
Vetting Programs. This is $130,000 below the amount requested
and $15,235,000 below the amount provided in fiscal year 2014.
The Committee supports TSA's efforts to modernize its
vetting and credentialing infrastructure, which is currently
made up of disconnected and duplicative systems. This has
resulted in high-system complexity and lengthy adjudication
processes due to manual reviews. TSA has begun to modernize its
system with initial operational capability being achieved for
the maritime vetting population, which is to be followed by
full nationwide rollout in the late summer timeframe. In fiscal
year 2015, TSA will complete development for other surface
populations and begin preparations for the aviation community.
The Committee includes $38,300,000 in discretionary funds, as
requested, for this effort in fiscal year 2015 and directs TSA
to brief the Committee on its efforts not later than 30 days
after the date of enactment of this act.
TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL [TWIC]
The Committee has noted a weakness in the TWIC Program
where TSA does not conduct any additional criminal background
checks on applicants who are eligible and receive a TWIC with
an expiration date of 5 years. Not later than 90 days after the
date of the enactment of this act, the Secretary of Homeland
Security, in coordination with the Administrator of the
Transportation Security Administration and the Director of the
Federal Bureau of Investigation, shall develop a plan to
strengthen the background check system used by the TWIC Program
by improving access to meaningful databases for recurring
criminal history records checks. Such plan will include cost
estimates for providing additional or recurring criminal
history records checks over the 5-year validity period of a
TWIC card to ensure that disqualifying criminal activity that
occurs after the initial award of a TWIC card is taken under
review over the 5-year duration of the TWIC card's validity.
TRANSPORTATION SECURITY SUPPORT
Appropriations, 2014.................................... $962,061,000
Budget estimate, 2015................................... 932,026,000
Committee recommendation................................ 923,737,000
The Transportation Security Support account supports the
operational needs of TSA's extensive airport/field personnel
and infrastructure. Transportation Security Support includes:
headquarters' personnel, pay, benefits, and support; mission
support centers; human capital services; and information
technology support.
COMMITTEE RECOMMENDATIONS
The Committee recommends $923,737,000 for Transportation
Security Support. This is $8,289,000 below the amount requested
and $38,324,000 below the amount provided in fiscal year 2014.
The following table summarizes the Committee's
recommendations compared to the fiscal year 2014 and budget
request levels:
TRANSPORTATION SECURITY SUPPORT
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Headquarters administration............................... 272,250 275,891 274,619
Information technology.................................... 441,000 451,920 446,498
Human capital services.................................... 204,250 204,215 202,620
Intelligence.............................................. 44,561 ................ ................
-----------------------------------------------------
Total, Transportation Security Support.............. 962,061 932,026 923,737
----------------------------------------------------------------------------------------------------------------
HEADQUARTERS ADMINISTRATION
The Committee recommends $274,619,000 for Headquarters
Administration. This is $1,272,000 below the amount requested
and $2,369,000 above the amount provided in fiscal year 2014.
TSA shall continue semiannual briefings on covert testing
activities, to include the latest metrics gathered from recent
tests and resulting mitigating factors.
In September 2013, the Department of Homeland Security's
Office of Inspector General released a report entitled:
``Transportation Security Administration Office of Inspection's
Efforts To Enhance Transportation Security'' (OIG-13-123). The
report, which primarily concerned the effectiveness and
efficiency of TSA's Office of Inspection [OOI], provided a
number of recommendations to TSA including to ``conduct an
objective workforce analysis of the office.'' The Committee
understands that OOI is in the process of executing this
workforce analysis and that the office can expect the results
of this study in early fiscal year 2015. The Committee requests
the findings of this study be made available to the OIG as soon
as practicable, but no later than 30 days from completion by
the vendor. The Department is to brief the Committee as soon as
practicable, but no later than 30 days from completion by the
vendor, on any actions TSA plans as a result of this analysis.
INFORMATION TECHNOLOGY
The Committee recommends $446,498,000 for Information
Technology. This is $5,422,000 below the amount requested and
$5,498,000 above the amount provided in fiscal year 2014. The
increase above fiscal year 2014 is related to HSPD-12
implementation and enterprise license agreement costs.
HUMAN CAPITAL SERVICES
The Committee recommends $202,620,000 for Human Capital
Services. This is $1,595,000 below the amount requested and
$1,630,000 below the amount provided in fiscal year 2014.
United States Coast Guard
SUMMARY
The Coast Guard's primary responsibilities are the
enforcement of all applicable Federal laws on the high seas and
waters subject to the jurisdiction of the United States;
promotion of safety of life and property at sea; assistance to
navigation; protection of the marine environment; and
maintenance of a state of readiness to function as a
specialized service in the Navy in time of war, as authorized
by sections 1 and 2 of title 14, United States Code.
The Commandant of the Coast Guard reports directly to the
Secretary of the Department of Homeland Security.
COMMITTEE RECOMMENDATIONS
The President's fiscal year 2015 discretionary budget
request proposes to reduce funding for the Coast Guard by 4.3
percent, including the reduction of 700 military billets, the
movement of 600 reservists to inactive status, the
decommissioning of critical operational assets, and a 21
percent reduction in capital expenditures. If enacted, the
proposed reductions would permanently reduce cutter, boat, and
aircraft hours right at the time the Coast Guard is recovering
from harmful operational cutbacks experienced under sequester,
when cocaine seizures dropped by 18 percent, marijuana seizures
dropped by 35 percent, and migrant interdictions dropped by 28
percent.
Despite warnings from the outgoing Commandant of a coming
``death spiral'' for legacy assets, the request also continues
to propose harmful reductions to the Coast Guard's capital
budget. The Coast Guard operates one of the oldest naval fleets
in the world, yet the request cuts cutter and aircraft
acquisitions in fiscal year 2015 that are critical to the
agency's future. The request also has the impact of cutting
over 1,000 jobs from important shipbuilding and aviation
acquisition programs. The country is not best served by having
the Coast Guard operate assets that are nearing 50 years of age
and reaching obsolescence.
The recommended level provided for in this bill includes
targeted increases above the President's request to ensure that
Coast Guard personnel serving on the front lines have the
resources and assets to fulfill their many missions in fiscal
year 2015 and in the future.
The Committee recommends a total program level of
$10,213,625,000 for the activities of the Coast Guard for
fiscal year 2015. When costs for overseas contingency
operations are excluded, the recommendation for the Coast Guard
is $272,963,000 and 231 positions above the request. The
recommendation also restores 300 reservist positions to active
status. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
COAST GUARD--FUNDING SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2015
Fiscal year 2014 budget Committee
enacted\1\ request\2\ recommendations\3\
----------------------------------------------------------------------------------------------------------------
Operating Expenses..................................... 7,011,807 6,749,733 6,984,618
Environmental Compliance and Restoration............... 13,164 13,214 13,197
Reserve Training....................................... 120,000 109,605 114,572
Acquisition, Construction, and Improvements............ 1,375,635 1,084,193 1,330,376
Research, Development, Test, and Evaluation............ 19,200 17,947 17,892
Health Care Fund Contribution (Permanent Indefinite 201,000 176,970 176,970
Appropriations).......................................
Retired Pay............................................ 1,460,000 1,576,000 1,576,000
--------------------------------------------------------
Total, Coast Guard............................... 10,200,806 9,727,662 10,213,625
----------------------------------------------------------------------------------------------------------------
\1\Includes $227,000,000 for overseas contingency operations.
\2\Excludes a permissive transfer of $213,000,000 from ``Operations and Maintenance, Navy'' for overseas
contingency operations.
\3\Includes $213,000,000 for overseas contingency operations.
The Coast Guard will pay an estimated $176,970,000 in
fiscal year 2015 to the Medicare-Eligible Retiree Health Care
Fund for the costs of military Medicare-eligible health
benefits earned by its uniformed service members. The
contribution is funded by permanent indefinite discretionary
authority pursuant to the National Defense Authorization Act
for fiscal year 2005 (Public Law 108-375).
OPERATING EXPENSES
Appropriations, 2014\1\................................. $7,011,807,000
Budget estimate, 2015\2\................................ 6,749,733,000
Committee recommendation\3\............................. 6,984,618,000
\1\Includes $227,000,000 for overseas contingency operations.
\2\Excludes a permissive transfer of $213,000,000 from ``Operations and
Maintenance, Navy'' for overseas contingency operations.
\3\Includes $213,000,000 for overseas contingency operations.
The Operating Expenses appropriation provides funds for the
operation and maintenance of multipurpose vessels, aircraft,
and shore units strategically located along the coasts and
inland waterways of the United States and in selected areas
overseas. The program activities of this appropriation fall
into the following categories:
Search and Rescue.--As one of its earliest and most
traditional missions, the Coast Guard maintains a nationwide
system of boats, aircraft, cutters, and rescue coordination
centers on 24-hour alert.
Aids to Navigation.--To help mariners determine their
location and avoid accidents, the Coast Guard maintains a
network of manned and unmanned aids to navigation along the
Nation's coasts and on its inland waterways. In addition, the
Coast Guard operates radio stations in the United States that
serve the domestic and international needs of the armed
services, marine and air commerce.
Marine Safety.--The Coast Guard ensures compliance with
Federal statutes and regulations designed to improve safety in
the merchant marine industry and operates a recreational
boating safety program.
Marine Environmental Protection.--The primary objectives of
the marine environmental protection program are to minimize the
dangers of marine pollution and to assure the safety of ports
and waterways.
Enforcement of Laws and Treaties.--The Coast Guard is the
principal maritime enforcement agency with regard to Federal
laws on the navigable waters of the United States and the high
seas, including fisheries, drug smuggling, illegal immigration,
and hijacking of vessels.
Ice Operations.--In the Arctic and Antarctic, Coast Guard
icebreakers escort supply ships, support research activities
and Department of Defense operations, survey uncharted waters,
and collect scientific data. The Coast Guard also assists
commercial vessels through ice-covered waters.
Defense Readiness.--During peacetime, the Coast Guard
maintains an effective state of military preparedness to
operate as a service in the Navy in time of war or national
emergency at the direction of the President. As such, the Coast
Guard has primary responsibility for the security of ports,
waterways, and navigable waters up to 200 miles offshore.
COMMITTEE RECOMMENDATIONS
The Committee recommends $6,984,618,000 for Coast Guard
Operating Expenses, including $24,500,000 from the Oil Spill
Liability Trust Fund and $553,000,000 for Coast Guard defense-
related activities, of which $213,000,000 is for Overseas
Contingency Operations. Of this amount, the Committee
recommends not to exceed $15,300 for official reception and
representation expenses.
The recommendation level is $234,885,000 above the amount
requested and $27,189,000 below the amount provided in fiscal
year 2014. The Committee's recommendation is $21,885,000 above
the comparable net request for Coast Guard Operating Expenses
when excluding funds provided for overseas contingency
operations.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
OPERATING EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2015
Fiscal year 2014 budget Committee
enacted\1\ request\2\ recommendations\3\
----------------------------------------------------------------------------------------------------------------
Military pay and allowances............................ 3,416,580 3,433,594 3,441,282
Civilian pay and benefits.............................. 782,874 787,372 781,517
Training and recruiting................................ 205,928 197,800 198,279
Operating funds and unit level maintenance............. 1,034,650 991,919 1,004,119
Centrally managed accounts............................. 319,135 335,262 335,556
Intermediate and depot level maintenance............... 1,012,840 1,003,786 1,010,865
St. Elizabeths support costs........................... 12,800 ................ ...................
Overseas contingency operations........................ 227,000 ................ 213,000
--------------------------------------------------------
Total, Operating Expenses........................ 7,011,807 6,749,733 6,984,618
----------------------------------------------------------------------------------------------------------------
\1\Includes $227,000,000 for overseas contingency operations.
\2\Excludes a permissive transfer of $213,000,000 from ``Operations and Maintenance, Navy'' for overseas
contingency operations.
\3\Includes $213,000,000 for overseas contingency operations.
OVERSEAS CONTINGENCY OPERATIONS
The Committee provides $213,000,000 for Coast Guard
operations in support of overseas contingency operations. While
funding for these activities is requested in the Department of
Defense budget for the Navy, the Committee adopted a practice
beginning in the fiscal year 2009 Supplemental Appropriations
Act to appropriate these amounts directly to the Coast Guard.
The Committee continues this practice and urges the
administration to budget for Coast Guard overseas contingency
operations under the Department of Homeland Security in future
budget requests. The Coast Guard shall brief the Committee no
later than 30 days after the date of enactment of this act on
any changes expected during fiscal year 2015 or projected
transition costs expected in fiscal year 2016 to support
overseas contingency operations.
OPERATIONAL ENHANCEMENTS
High Endurance Cutters.--The budget request proposes to
decommission two high endurance cutters [HECs] and 368
associated billets. These cutters are nearing 50 years in age
on average and have become increasingly unreliable. The
Committee, however, is concerned that the decommissioning of
two cutters in fiscal year 2015 would result in a significant
cutter hour gap before new National Security Cutters [NSCs] are
delivered to replace them. Historically, HECs provide the
greatest resource hour contribution to the counterdrug mission,
both in the Eastern Pacific and Western Hemisphere. Over the
last 5 years, the Coast Guard has seized over a million pounds
of cocaine with a street value of over $17,000,000. The
proposed reduction of two HECs with only one operational NSC
delivered in fiscal year 2015 will result in a diminished
presence and fewer opportunities for interdictions and
apprehensions. In addition to the counter drug effort, living
marine resource enforcement operations would be reduced in the
Bering Sea, Gulf of Alaska, and Pacific Ocean. Therefore, the
recommendation includes an additional $7,800,000 and 184
positions to maintain one of the two HECs proposed to be
decommissioned in the request, saving 1,665 major cutter hours
(3,330 hours annualized) that otherwise would have been cut
throughout the year.
Operational Hours.--The budget request proposes a reduction
in cutter, boat, and aircraft hours that will reduce resources
required for fuel and necessary maintenance. The Coast Guard's
recent experience with operational hour reductions during
sequester had an unfortunate impact on overall mission
performance. When operational hours were cut back during
sequestration, cocaine seizures dropped from 27 metric tons in
fiscal year 2012 to 19 metric tons in fiscal year 2013.
Marijuana removals dropped 35 percent from the previous year,
and migrant interdiction decreased by 28 percent. A reduction
in operations also challenges crews from getting the sea and in
air time experience necessary to become masters of their craft.
With sequestration lifted in fiscal year 2015, the Coast Guard
should not be limited by such an arbitrary cut. Therefore, the
Committee includes an additional $15,000,000 to restore
operational resources for cutter, boat, and aircraft hours as
well as critical depot level maintenance on Coast Guard legacy
assets.
Fixed Wing Bravo-Zero Requirement.--The recommendation
includes $2,200,000 to maintain the Coast Guard's Fixed Wing
Aircraft ``Bravo-0'' readiness requirement, which means
aircraft will be ready for launch within 30 minutes of a search
and rescue [SAR] case. The Committee disagrees with the Coast
Guard's proposed reduction, which would impact rotary-wing
operations further offshore by eliminating fixed wing cover and
communications support. The Coast Guard has long maintained a
``layered'' SAR response strategy and eliminating fixed-wing
Bravo-0 support would be a penny wise pound foolish endeavor.
FINANCIAL MANAGEMENT OVERSIGHT
The bill includes $39,500,000 under the Office of the Chief
Financial Officer for financial systems modernization efforts
in fiscal year 2015. A portion of the funds are intended for
Coast Guard migration activities to new financial system. The
Coast Guard, in tandem with the Office of the Chief Financial
Officer, shall continue to brief the Committee on its efforts
to carry out this migration.
HOUSING
The Committee directs the Coast Guard to include with the
congressional budget justification for fiscal year 2016
information detailing how deficiencies identified in the Coast
Guard's National Housing Assessment report have been resolved
or plan to be resolved in the upcoming year. The information
shall include progress made in: resolving housing identified as
inadequate from a health and safety concern; right-sizing the
housing inventory; the development of regional maintenance
contracts; and addressing the need for new housing. Finally,
the report shall also identify how operational maintenance
funds for divested housing are being reinvested into the most
critical housing needs in the remaining inventory.
POLAR ICEBREAKER
The Committee is concerned about the lack of icebreakers
available for the Coast Guard's missions. No later than July
31, 2015, the Coast Guard is directed to brief the Committee on
the Operational Requirements Document and Alternatives Analysis
with respect to initial funding, timeline, and vessel
specifications related to the construction of a new Polar-class
icebreaker. The Coast Guard will further brief the Committee on
the Department's plans to ensure deployment of a new heavy
icebreaker prior to decommissioning of the Polar Star and Polar
Sea. In assessing needs for an Arctic-capable fleet, the
Secretary is encouraged to focus on the Coast Guard's statutory
missions, including search and rescue, ice operations, law
enforcement, aids to navigation, marine safety, marine
environmental protection, living marine resources, ports,
waterways and coastal security, defense readiness, migrant
interdiction, and drug interdiction.
MINOR SHORE INFRASTRUCTURE
The bill includes long-standing bill language to allow
funds from the ``Operating Expenses'' appropriation to be used
for the sustainment, repair, replacement and maintenance of
shore infrastructure, including projects to correct
deficiencies for code compliance or that threaten life, health,
or safety to an amount not exceeding 50 percent of a building's
or structure's replacement value. Additionally, ``Operating
Expenses'' funds are allowed to be used for contingent,
emergent, or other unspecified minor construction projects,
which includes new construction, procurement, development,
conversion, rebuilding, improvement, or an extension of any
facility not exceeding $1,000,000 in total costs at any
location for planned or unplanned operational needs.
Minor construction projects funded from the ``Operating
Expenses'' appropriation can be combined with depot level
maintenance projects for the sake of administrative and
economic efficiency. The Coast Guard is to provide a report to
the Committee not later than 45 days after the date of
enactment of this act detailing such projects and any
sustainment, repair, replacement, or maintenance projects over
$1,000,000 for fiscal year 2015. For fiscal year 2016, such
information shall be included in the congressional budget
justification.
SMALL BOATS
A total of $2,740,000 is included above the request to
address an anticipated shortfall in small boat purchases in
fiscal year 2015.
The bill includes long-standing bill language to allow
funds from the ``Operating Expenses'' appropriation to be used
for the purchase or lease of small boats for contingent and
emergent requirements (at a unit cost of no more than $700,000)
and repairs and end-of-service-life replacements. The annual
cost of these activities is capped at $31,000,000. Unlike major
procurements requested for the ``Acquisition, Construction, and
Improvements'' appropriation, the Coast Guard's annual request
for the ``Operating Expenses'' appropriation includes minimal
information about the budget for small boat activities. In
order to gain more clarity on these matters, the Coast Guard is
to provide a report to the Committee no later than 30 days
after the date of enactment of this act detailing planned small
boat purchases, leases, repairs, and service life replacements
for fiscal year 2015. For fiscal year 2016, such information
shall be included in the congressional budget justification.
The Committee was disappointed with the plan submitted for
fiscal years 2014 and 2015, as it lacked routine information
the Committee expects to receive. The expenditure plans for
fiscal years 2015 and 2016 shall, at a minimum, include the
following: the type and quantity of boats to be purchased and
associated cost; the sectors and stations the boats planned for
purchase will be deployed to; an explanation as to why the
purchases are necessary; historical funding for the program;
and an obligation and outlay schedule. Additionally, the
Committee directs the Coast Guard to work with industry
partners to outline annual small boat requirements and work
with the industry to understand the cost implications of
indefinite purchase requirements.
FACILITY SECURITY OFFICER TRAINING
The Committee remains concerned that the Department has
taken minimal steps to establish training standards for
waterfront federal security officers [FSOs] which will lead to
Federal certification of FSOs. The Committee notes that the
Coast Guard has started working on the establishment of
requirements internally, however, the Coast Guard needs to
further address the implementation by working together with
FEMA to ensure the curriculum is developed and implemented
under the provision of Section 821 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281). The Committee
directs Coast Guard and FEMA to jointly brief the Committee
with their plan for implementation of section 821 not later
than 60 days after the date of enactment of this act.
COAST GUARD YARD
The Coast Guard Yard located at Curtis Bay, Maryland, is
recognized as a critical component of the Coast Guard's core
logistics capability which directly supports fleet readiness.
The Committee is concerned with the service life and condition
of the Yard's drydock facilities, which may impact the critical
in-service vessel sustainment [ISVS] project over the next 10
years. Therefore, the Coast Guard is directed to provide the
Committee with a report no later than 90 days after the date of
enactment of this act on the condition of all drydock
facilities, and associated cranes and industrial equipment.
This report shall include an assessment of equipment service
life and specify drydock requirements and resources necessary
to complete all ISVS work projected in the latest Capital
Investment Plan report to Congress, along with all planned
repair work over the same period, including the future needs to
accommodate the Offshore Patrol Cutter.
EXECUTIVE TRANSPORTATION AIRCRAFT
The Coast Guard is directed to notify the Committee prior
to making any changes in the type or number of the command and
control aircraft.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS PERSONNEL TO OPERATING
EXPENSES
The Coast Guard's request includes funding for 440 military
positions and 458 civilian positions in the Acquisition,
Construction, and Improvements [AC&I] appropriation whereas the
large majority of Coast Guard personnel are funded through the
Operating Expenses [OE] appropriation. The Committee directs
the Coast Guard to examine whether realigning AC&I personnel to
the Operating Expenses appropriation could improve the Coast
Guard's ability to efficiently manage, oversee and administer
the AC&I Personnel account without degrading the Coast Guard's
ability to provide AC&I workforce details to the Committee. If,
after examining a potential realignment of funds, the Coast
Guard determines that a realigned structure improves the
stewardship of Federal tax dollars, the Committee encourages
the Coast Guard to propose realigning AC&I personnel to the OE
appropriation in the fiscal year 2016 budget request.
OIL SPILL RESPONSE ACTIVITIES
No later than 30 days after the date of enactment of this
act, the Coast Guard is to provide the Committee with a summary
of all oil response activities related to discharge from a
production platform in the Gulf of Mexico that are ongoing or
completed within the prior 3 years.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
Appropriations, 2014.................................... $13,164,000
Budget estimate, 2015................................... 13,214,000
Committee recommendation................................ 13,197,000
The Environmental Compliance and Restoration account
provides funds to address environmental problems at former and
current Coast Guard units as required by applicable Federal,
State, and local environmental laws and regulations. Planned
expenditures for these funds include major upgrades to
petroleum and regulated substance storage tanks, restoration of
contaminated ground water and soils, remediation efforts at
hazardous substance disposal sites, and initial site surveys
and actions necessary to bring Coast Guard shore facilities and
vessels into compliance with environmental laws and
regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $13,197,000 for Environmental
Compliance and Restoration activities. This is $17,000 below
the amount requested and $33,000 above the amount provided in
fiscal year 2014.
The Coast Guard is directed to include in its annual budget
justification a listing of the activities projected to be
funded by the amount requested under this heading and an
updated backlog report for Environmental Compliance and
Restoration projects, with an explanation of how the amount
requested will impact this documented backlog.
RESERVE TRAINING
Appropriations, 2014.................................... $120,000,000
Budget estimate, 2015................................... 109,605,000
Committee recommendation................................ 114,572,000
The Reserve Training appropriation provides for the
training of qualified individuals who are available for Active
Duty in time of war or national emergency or to augment regular
Coast Guard forces in the performance of peacetime missions.
COMMITTEE RECOMMENDATIONS
The Committee recommends $114,572,000 for Reserve Training.
This is $4,967,000 above the amount requested and $5,428,000
below the amount provided in fiscal year 2014.
The budget request includes a reduction of $10,395,000 and
the transfer of 600 drilling Selected Reservist positions to
the Inactive Ready Reserve. This is the second year in a row
the Coast Guard has proposed such a draconian cut. If enacted,
the reduction would impact the Coast Guard's ability to respond
to major events, such as a hurricane, mass migration, oil
spill, or earthquake. At the requested funding levels, certain
specialized reserve forces would not be able to drill as
frequently, impacting proficiency. Therefore, the Committee
recommendation includes $5,000,000 above the request to restore
300 reservists to active status, which will enable the Coast
Guard to retain the majority of the first responders proposed
for reduction, such as boat coxswains, law enforcement
personnel, and pollution response technicians.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
Appropriations, 2014.................................... $1,375,635,000
Budget estimate, 2015................................... 1,084,193,000
Committee recommendation................................ 1,330,376,000
Funding in this account supports the Acquisition,
Construction, and Improvement of vessels, aircraft, information
management resources, shore facilities, aids to navigation, and
military housing required to execute the Coast Guard's missions
and achieve its performance goals.
Vessels.--The vessel program provides funding to
recapitalize and/or improve the Coast Guard's fleet of aging
boats and cutters.
Aircraft.--The aircraft program is the primary
recapitalization and sustainment effort for the Coast Guard's
aging aircraft.
Other Equipment.--The Coast Guard invests in numerous
management information and decision support systems that will
result in increased efficiencies.
Shore Facilities and Aids to Navigation.--The Coast Guard
invests in the acquisition, construction, rebuilding, and
improvement of shore facilities, aids to navigation, and
related equipment.
Military Housing.--The Coast Guard invests in Military
Housing facilities to ensure military members have access to
housing in areas where there is a lack of affordable
accommodations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,330,376,000 for Acquisition,
Construction, and Improvements, including $20,000,000 from the
Oil Spill Liability Trust Fund. This is $246,183,000 above the
amount requested and $45,259,000 below the amount provided in
fiscal year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Vessels:
Survey and Design--Vessel and Boats................... 1,000 500 500
Response Boat Medium.................................. 10,000 ................ ................
In-Service Cutter Sustainment......................... 21,000 24,500 49,000
National Security Cutter.............................. 629,000 638,000 638,000
Offshore Patrol Cutter................................ 23,000 20,000 20,000
Fast Response Cutter.................................. 310,000 110,000 318,000
Cutter Small Boats.................................... 3,000 4,000 4,000
Polar Icebreaking Vessel.............................. 2,000 6,000 6,000
Polar Icebreaking Preservation........................ ................ ................ 8,000
-----------------------------------------------------
Subtotal, Vessels................................... 999,000 803,000 1,043,500
Aircraft:
HC-144 Conversion/Sustainment......................... 9,200 15,000 15,000
HC-27J Conversion /Sustainment........................ 24,900 15,000 15,000
HC-130J Acquisition/Conversion/Sustainment............ 129,210 8,000 8,000
HH-65 Conversion/Sustainment.......................... 12,000 30,000 30,000
-----------------------------------------------------
Subtotal, Aircraft.................................. 175,310 68,000 68,000
Other Acquisition Programs:
Program Oversight and Management...................... 10,000 18,000 18,000
Systems Engineering and Integration................... 204 ................ ................
C4ISR................................................. 40,226 36,300 36,300
CG-Logistics Information Management System [CG-LIMS]. 1,500 3,000 3,000
National Automatic Identification System.............. 13,000 ................ ................
-----------------------------------------------------
Subtotal, Other Acquisition Programs................ 64,930 57,300 57,300
Shore Facilities and Aids to Navigation:
Major Construction, ATON, and Survey and Design....... 2,000 19,580 19,580
Major Acquisition Systems Infrastructure.............. ................ 16,000 16,000
Minor Shore........................................... 3,000 5,000 5,000
-----------------------------------------------------
Subtotal, Shore Facilities and Aids to Navigation... 5,000 40,580 40,580
Military Housing.......................................... 18,000 ................ 6,000
Personnel and Related Support:
Direct Personnel Costs................................ 112,956 115,313 114,996
Core Acquisition Costs................................ 439 ................ ................
-----------------------------------------------------
Subtotal, Personnel and Related Support............. 113,395 115,313 114,996
=====================================================
Total, Acquisition, Construction, and Improvements.. 1,375,635 1,084,193 1,330,376
----------------------------------------------------------------------------------------------------------------
CAPITAL INVESTMENT PLAN
The Capital Investment Plan [CIP] is essential for the
Committee to carry out its oversight function of the Coast
Guard, especially at a time when recapitalization of aging
assets has become so critical for the service. All of the
information required by the Committee is in accordance with the
Coast Guard's Major Systems Acquisition Manual and applicable
DHS management directives. The fiscal year 2016-2019 plan is to
be submitted with the fiscal year 2016 congressional budget
justification. The Committee is extremely displeased that it
received the 2015-2019 CIP on June 13, 2014, over 3 months
after it was due. This tardiness renders the plan unusable by
the Committee when formulating its fiscal year 2015
recommendations. As a result, $125,000,000 is withheld from the
Headquarters Directorate of the Coast Guard until the fiscal
year 2016-2020 plan is submitted. The Committee again directs
the Coast Guard to ensure that the CIP clearly explains any
deviations in cost, performance parameters, schedule, or
estimated date of completion from the original acquisition
program to the current plan. The Coast Guard needs to make
every effort to clearly identify which procurements will be
delayed or scaled back, which ones will be canceled, which ones
will remain on track, and the impact these decisions have on
extending the service life of the Coast Guard's already aging
and unreliable fleet and shore facilities. The Committee
expects this level of transparency in the CIP accompanying the
fiscal year 2016 budget request.
ANALYSIS OF MISSION REQUIREMENTS
To ensure the out-year CIP adequately meets Coast Guard
operational needs, the Coast Guard shall conduct an analysis of
mission requirements. This analysis should assume that the
Coast Guard needs the capability to continue to carry out all
of its 11 statutory missions. In this analysis, the Coast Guard
should also outline options for acquisition plans that consider
reasonable combinations of alternative capabilities of surface
assets (including an icebreaker) and air assets to determine
the most cost effective method of executing mission needs as
determined in the analysis described above.
QUARTERLY ACQUISITION BRIEFINGS
The Coast Guard is to continue quarterly briefings on all
major acquisitions. In addition to the information normally
provided for each asset, these briefings shall include: the top
five risks for each acquisition, if applicable, consistent with
those on the risk watch list in quarterly program manager
reports, and if the risks have future budget implications; the
objective for operational hours the Coast Guard expects to
achieve; the gap between that objective, current capabilities,
and stated mission requirements; and how the acquisition of the
specific asset closes the gap. The information presented at
these briefings shall also include a discussion of how the
Coast Guard calculated the operational hours, an explanation on
risks to mission performance associated with the current
shortfall, and the operational strategy to mitigate such risks.
Finally, the briefings are to include a status chart on all
shore construction projects that have not been completed. For
each construction project, the chart is to include the funding
status, design status, and procurement and construction status.
IN-SERVICE CUTTER SUSTAINMENT
The bill includes $49,000,000, to continue in-service
sustainment efforts for the 140-foot icebreaking tugs, mid-life
service sustainment of the 225-foot ocean-going buoy tender,
and fund the second of four phases of the CGC EAGLE service
life extension. Given the success of the Mission Effectiveness
Projects for the medium endurance cutters and the 110-foot
patrol boats at the Coast Guard Yard, the Committee expects the
Coast Guard to direct sustainment work on all aging vessels
there when geographically feasible.
NATIONAL SECURITY CUTTER
The Committee recommendation includes $638,000,000, as
requested, for NSC-8. The Coast Guard operates a fleet of 378-
foot high endurance cutters [HECs] that are over 46 years old
on average, and are increasingly unreliable and expensive to
maintain. By comparison, the average Navy ship is 20 years old.
The Coast Guard's program of record is to acquire 8 national
security cutters [NSCs] to replace 12 HECs (of which 5 have
been decommissioned with the arrival of the first 3 NSCs). To
date, approximately $4,365,744,000 has been appropriated for
seven NSCs and long lead time materials [LLTM] for NSC-8. Three
NSCs have been delivered to the Coast Guard, the fourth is
expected to be delivered in late fiscal year 2014, the fifth in
late fiscal year 2015, the sixth in fiscal year 2017, the
seventh in fiscal year 2018, and the eighth in fiscal year
2019.
FULL FUNDING POLICY
The Committee is concerned that the Administration's
current acquisition policy requires the Coast Guard to attain
total acquisition cost for a vessel, including long lead time
materials, production costs, and post-production costs, before
a production contract can be awarded. This has the potential to
create shipbuilding inefficiencies, force delayed obligation of
production funds, and require post-production funds far in
advance of when they will be used. As an example of such
inefficiency, the fiscal year 2013 budget request proposed a
rescission and reappropriation of $25,000,000 in funds
previously appropriated for NSC-4 post-production that would
have expired before they could be spent. The Department should
be in a position to acquire vessels in the most efficient
manner within the guidelines of strict governance measures.
Therefore, the Committee includes language in the bill
specifying that funds made available by this act shall be
immediately available and allotted to contract for production
of the eighth and final NSC notwithstanding the availability of
funds for post-production costs. The Committee expects the
Administration to adopt a similar policy for the acquisition of
the Offshore Patrol Cutter [OPC].
FAST RESPONSE CUTTER
The Committee recommends $318,000,000 for the Coast Guard's
Fast Response Cutter [FRC]. This funding will allow the Coast
Guard to acquire six FRC hulls (31-36). Procuring six FRCs in
fiscal year 2015 will maximize the production line and generate
cost savings of at least $5,000,000 per hull for a total
savings to the taxpayers of $30,000,000. Funding six boats
instead of two will also allow the Coast Guard to advance the
replacement of the aging 110-foot Island Class Patrol Boats,
which are already beyond the end of their projected service
lives and very expensive to maintain. Each FRC will provide
2,500 annual operating hours and improved sea keeping ability,
resulting in better habitability and full mission capability in
higher sea states.
OFFSHORE PATROL CUTTER
The recommendation includes $20,000,000 for the OPC, as
requested. Funding is provided to support technical reviews of
preliminary and contract designs for the OPC class, which is
intended to replace the Coast Guard's aging fleet of medium
endurance cutters.
The Committee approves of the steps taken by the Coast
Guard to implement Phase I of the OPC procurement. Going
forward, the Committee encourages the Coast Guard to continue
aggressively pursuing the timeline necessary to field the
required fleet of OPCs by moving to Phase II of the OPC
acquisition in the previously outlined twenty four month
timeframe. The Committee supports the Coast Guard's efforts in
this procurement.
POLAR ICEBREAKER
The recommendation includes $6,000,000, as requested, to
continue survey and design activities for a new Coast Guard
polar icebreaker.
The Coast Guard's High Latitude Study calls for a minimum
of three new heavy icebreakers to address increased activity in
the Arctic region, protect our national interests, and provide
search and rescue in emergency maritime situations. Currently,
the Coast Guard operates one medium service icebreaker, the
Healy, which is used primarily for scientific missions in the
Arctic and one heavy polar icebreaker, the Polar Star, which
was recently reactivated in 2013 and is estimated to remain
operational for a total of 7-10 years. The service's other
heavy polar icebreaker, the Polar Sea, is out of service based
on its mechanical state. Based on the Coast Guard's projected
acquisition timeline for a new heavy polar icebreaker, the
earliest date in which a fully operational vessel can be
deployed is 2026-2028, which leaves a potential gap of time
where no heavy polar icebreaker will be available. Therefore,
the Committee recommendation includes $8,000,000 to preserve
the material condition of the Polar Sea in anticipation of
future reactivation. Not later than 30 days after the date of
enactment of this act, the Coast Guard is to brief the
Committee on all expenditures and associated timelines to
perform the work associated with vessel preservation.
UNMANNED AIRCRAFT SYSTEMS
The Committee expects the Coast Guard to continue its long-
standing plan to conduct vertical take-off and landing unmanned
aircraft systems [UAS] flight demonstrations. The Coast Guard
has reported to the Committee that this system would enhance
the service's surveillance capabilities of the NSC and
estimates a significant increase in the number of prosecutions
achieved by the cutter. The Committee continues to be very
supportive of the use of vertical take-off UAS aboard Coast
Guard cutters and strongly encourages the Coast Guard to ensure
that the acquisition schedule is not delayed for this enhanced
surveillance capability. The Committee is pleased with the
Coast Guard's plans for cutter based testing and evaluation
scheduled for late fall or early winter.
The Coast Guard continues to also pursue a small UAS [sUAS]
capability for the NSC. Demonstrations in 2014 have proven
successful and the Coast Guard has entered into initial stages
of acquisition planning. The Coast Guard is to keep the
Committee apprised of its efforts for vertical take-off UAS,
sUAS, and land-based UAS development.
TRANSITION OF C-27J AIRCRAFT
The Committee is pleased that DHS, the Department of
Defense and the Forest Service were able to agree upon an
excess aircraft divestiture plan that will ultimately save the
Coast Guard $500,000,000 in acquisition costs and equip the
Forest Service with heavy air-tankers to combat wildfires. The
Committee looks forward to being supportive during the
transition and implementation of aircraft to each agency's
inventory.
SHORE FACILITIES AND AIDS TO NAVIGATION
The Committee recommends $40,580,000 for shore facilities
and aids to navigation, as requested. The Coast Guard's CIP for
fiscal year 2016-2019 shall include a better explanation of the
construction projects identified for funding, including:
identification of each project to be funded in each fiscal
year; an estimate for construction, design, planning, and
project management for each project; and a schedule to complete
the project.
COAST GUARD MILITARY HOUSING
The Committee provides $6,000,000 above the request for the
recapitalization, improvement, and acquisition of housing to
support military families. The Coast Guard shall provide an
expenditure plan to the Committee for these funds in the shore
facilities report required 45 days after the date of enactment
of this act.
AC&I PERSONNEL
The Committee provides $114,996,000 for personnel and
related support, as requested.
UNFUNDED PRIORITIES
The Committee directs the Commandant to provide to the
Congress, at the time of the President's budget submission, a
list of approved but unfunded Coast Guard priorities and the
funds needed for each.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Appropriations, 2014.................................... $19,200,000
Budget estimate, 2015................................... 17,947,000
Committee recommendation................................ 17,892,000
The Coast Guard's Research and Development program develops
techniques, methods, hardware, and systems that directly
contribute to increasing the productivity and effectiveness of
the Coast Guard's operating missions. This account provides
funds to operate and maintain the Coast Guard Research and
Development Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $17,892,000 for the Coast Guard's
Research, Development, Test, and Evaluation activities. This is
$55,000 below the amount requested and $1,308,000 below the
amount provided in fiscal year 2014.
RETIRED PAY
Appropriations, 2014.................................... $1,460,000,000
Budget estimate, 2015................................... 1,576,000,000
Committee recommendation................................ 1,576,000,000
This account provides for the retired pay of military
personnel of the Coast Guard and Coast Guard Reserve, members
of the former Lighthouse Service, and for annuities payable to
beneficiaries of retired military personnel under the retired
serviceman's family protection plan (10 U.S.C. 1431-1446) and
survivor benefit plan (10 U.S.C. 1447-1455); payments for
career status bonuses under the National Defense Authorization
Act; and payments for medical care of retired personnel and
their dependents under the Dependents Medical Care Act (10
U.S.C., ch. 55).
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,576,000,000 for Retired Pay.
This is the same amount as requested and $116,000,000 above the
amount provided in fiscal year 2014.
United States Secret Service
SALARIES AND EXPENSES
Appropriations, 2014.................................... $1,533,497,000
Budget estimate, 2015................................... 1,585,970,000
Committee recommendation................................ 1,585,360,000
The United States Secret Service's [USSS's] Salaries and
Expenses appropriation provides funds for the security of the
President, the Vice President, and other dignitaries and
designated individuals; for enforcement of laws relating to
obligations and securities of the United States and laws
relating to financial crimes, that include, but are not limited
to, access device fraud, financial institution fraud, identity
theft, and computer fraud; and computer-based attacks on
financial, banking, and telecommunications infrastructure; and
for protection of the White House and other buildings within
the Washington, DC, metropolitan area. The agency also provides
support for investigations related to missing and exploited
children.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,585,360,000 for Salaries and
Expenses. This is $610,000 below the amount requested and
$51,863,000 above the amount provided in fiscal year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
UNITED STATES SECRET SERVICE--SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year
Fiscal year 2015 budget Committee
2014 enacted request recommendations
----------------------------------------------------------------------------------------------------------------
Protection:
Protection of persons and facilities....................... 848,263 874,885 867,685
Protective intelligence activities......................... 67,165 68,234 67,536
National Special Security Event Fund....................... 4,500 4,500 4,500
Presidential candidate nominee protection.................. .............. 25,500 25,500
------------------------------------------------
Subtotal, Protection..................................... 919,928 973,119 965,221
================================================
Investigations:
Domestic field operations.................................. 329,291 332,395 332,795
International field office administration, operations, and 30,811 34,361 34,195
train- ing...............................................
Support for missing and exploited children................. 8,366 .............. 8,366
------------------------------------------------
Subtotal, Investigations................................. 368,468 366,756 375,356
================================================
Headquarters, management, and administration................... 188,964 189,191 188,380
Rowley Training Center......................................... 55,118 55,868 55,378
Information Integration and Technology Transformation.......... 1,019 1,036 1,025
------------------------------------------------
Total, Salaries and expenses............................. 1,533,497 1,585,970 1,585,360
----------------------------------------------------------------------------------------------------------------
SECRET SERVICE ACTIVITIES
The Committee fully funds the request for protection of
persons and facilities, protective intelligence, and
investigations. The $21,500,000 request to begin preparation
and training for the 2016 presidential campaign, including the
campaign protective vehicles and communications technology, as
well as the $4,000,000 request to establish the protective
detail for the next former President, are also fully funded.
The request reduces funding for the operational mission
support program by $16,594,000 from the fiscal year 2014 level.
The program is responsible for protective activities related to
further securing the White House complex and other facilities.
Regrettably, the Committee is unable to provide additional
funding for this multi-year enhancement program. The Committee
urges that robust funding for this critical, multi-faceted
program be included in the President's fiscal year 2016 budget
request.
STATE AND LOCAL CYBERCRIME TRAINING
Last year, the Committee provided resources in continued
support of the National Computer Forensics Institute [NCFI]
which trains State and local law enforcement, legal, and
judicial professionals in computer forensics and cyber
investigations. This training is critical to bolster State and
local cyber resources while similarly acting to support the
Secret Service's Electronic Crimes Task Forces. Since opening
in 2008, more than 3,300 State and local officials, including
more than 2,300 police investigators, 840 prosecutors, and 234
judges from all 50 States and three U.S. territories have been
trained through NCFI. The Committee recommends a total of
$7,500,000 to continue this activity, within the Secret
Service, which will ensure training requests continue to be
met. Further, the Committee directs the Secret Service to
continue coordinating with the National Protection and Programs
Directorate as the subject matter experts to ensure the
curriculum is sound and consistent with current risk and
threat, and to avoid duplication and ensure efficiency.
CYBER INVESTIGATIONS
The Committee is encouraged by consistent progress made by
the Secret Service in the realm of cyber investigations. In the
last 4 years, the Secret Service has affected over 4,900
arrests associated with approximately $1,370,000,000 in fraud
losses. The Secret Service is working to train its entire
workforce through its Critical Systems Protection program while
similarly building a force multiplier in State and local law
enforcement through the NCFI. The Committee funds a total of
$103,937,000 for the Secret Service's various cyber activities.
NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN
The National Center for Missing and Exploited Children,
[NCMEC] was created in 1984 to serve as the Nation's resource
on missing and sexually exploited children. For more than two
decades, the Secret Service has provided funding for grants as
well as computer forensic support to NCMEC. In fiscal year
2013, the $6,000,000 in grant funds provided to NCMEC
constituted 11 percent of the Center's budget. Since 1997, the
Secret Service has assisted NCMEC by opening 3,656
investigative cases throughout the Secret Services field
offices. These cases resulted in 1,384 arrests of child
predators and others, helped parents fingerprint and/or
photograph more than 114,500 children through its Operation
Safe Kids program, and completed 2,835 forensic/computer
examinations for investigations involving missing and exploited
children.
For fiscal year 2015, the Committee recommends $6,000,000
for grants in support of missing and exploited children and
expects the USSS to sustain forensic support at the fiscal year
2014 level of $2,366,000.
NATIONAL SPECIAL SECURITY EVENTS
The Committee recommends $4,500,000, as requested, for
support to currently planned and unanticipated National Special
Security Events [NSSEs] for fiscal year 2015. The Committee
directs the USSS to provide semiannual briefings on the use of
these funds, with the first briefing to occur not later than
March 31, 2015. Also included in the bill is a general
provision that states that none of the funds in this act may be
used to reimburse any Federal department or agency for its
participation in an NSSE.
REPROGRAMMING THRESHOLDS
Statutory language is included in the bill setting a higher
threshold for the reprogramming of funds in section 503 of this
act to accommodate unanticipated shifts in funding requirements
for protection and investigation activities.
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2014.................................... $51,775,000
Budget estimate, 2015................................... 49,935,000
Committee recommendation................................ 49,935,000
This appropriation provides funding for security upgrades
of existing facilities; for information integration and
technology transformation [IITT]; to continue development of
the current master plan; to maintain and renovate existing
facilities, including the James J. Rowley Training Center
(Center); and to ensure efficient and full utilization of the
Center.
COMMITTEE RECOMMENDATIONS
The Committee recommends $49,935,000, as requested, for
infrastructure improvements, IITT, and other activities. This
is $1,840,000 below the amount provided in fiscal year 2014. Of
this amount, $5,380,000 is for facilities and $44,555,000 is
for information integration and technology transformation.
The Secret Service is directed to submit a multiyear
investment and management plan for its IITT program for fiscal
years 2015 through 2018.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
The National Protection and Programs Directorate aims to
foster better integration of national approaches between
strategic homeland security programs, facilitate infrastructure
protection, ensure broad emergency communications capabilities,
and ensure the protection of Federal buildings and facilities.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and administration............................. 56,499 65,910 64,565
Infrastructure protection and information security:
Infrastructure protection............................. 263,246 271,145 274,947
Cybersecurity......................................... 792,291 746,444 757,340
Communications........................................ 131,463 179,977 180,713
-----------------------------------------------------
Subtotal, Infrastructure protection and information 1,187,000 1,197,566 1,213,000
security...........................................
Federal Protective Service................................ 1,301,824 1,342,606 1,342,606
Office of Biometric Identity Management................... 227,108 251,584 249,142
=====================================================
Total, National Protection and Programs Directorate 2,772,431 2,857,666 2,869,313
(gross)............................................
Offsetting fee collections................................ -1,301,824 -1,342,606 -1,342,606
=====================================================
Total, National Protection and Programs Directorate 1,470,607 1,515,060 1,526,707
(net)..............................................
----------------------------------------------------------------------------------------------------------------
MANAGEMENT AND ADMINISTRATION
Appropriations, 2014.................................... $56,499,000
Budget estimate, 2015................................... 65,910,000
Committee recommendation................................ 64,565,000
This account funds salaries and expenses for the Office of
the Under Secretary, which oversees all activities of the
National Protection and Programs Directorate [NPPD]. This
account also funds business operations and information
technology support services.
COMMITTEE RECOMMENDATIONS
The Committee recommends $64,565,000 for Management and
Administration, $1,345,000 below the amount requested and
$8,066,000 above the amount provided in fiscal year 2014. This
amount supports the full annualization of positions in
management functions that were provided in fiscal year 2014.
Further, the Committee notes the request includes a transfer of
$2,914,000 and 18 FTE from the Office of Biometric Identity
Management [OBIM] Director in an effort to align all NPPD
leadership offices in NPPD Management and Administration. The
recommendation includes the $2,914,000 transfer from OBIM for
18 FTE but instead of realigning the Director's office, NPPD is
directed to realign business support FTE. Transferring the
business support FTE will allow better utilization of staff in
OBIM to support NPPD-wide activities creating efficiency
instead of simply realigning leadership offices. NPPD is
directed to continue implementation of recent clearer
management direction on the appropriate use of administratively
uncontrollable overtime.
The Committee supported the necessary growth of NPPD
Management and Administration by 11 percent in fiscal year
2014, and another 12 percent increase with this recommendation.
These actions are taken to prevent the Directorate from being
at severe risk for failing to complete effective acquisition,
efficient information technology procurement, timely hiring,
and proper oversight of privacy, civil rights, and civil
liberties for serious missions such as cybersecurity, law
enforcement, and infrastructure protection. The Committee
directs NPPD to take stock of its current resource alignment to
properly complete management functions and to clearly identify
in the fiscal year 2016 congressional budget justification the
success in addressing these issues. The budget justification
shall also clearly describe how the FTE transferred from OBIM
support NPPD-wide activity and explain any additional requested
resources or adjustments.
Finally, the Committee notes that since its creation in
2007, NPPD has experienced significant change in its
responsibilities combined with addressing dynamic threats,
creating a chaotic budgeting environment. Nonetheless, it is
imperative that budget requests and appropriations provided for
all NPPD accounts and PPAs can be compared year to year to
effectively evaluate if resources are aligned with outcomes.
For example, proposed this year were 20 balance workforce
initiatives, 4 technical adjustments, 7 acquisition
adjustments, 18 transfers, and 5 salary realignments. Since
2010, the Committee has expressed concern that NPPD is at risk
of falling subject to a culture of chasing the latest whim
which does not allow for the maturity needed in proper
budgeting. Making a sport of rearranging resources hints at
more of a shell game than a serious attempt to align funding.
The Committee's attempt with NPPD leadership to cajole
stabilization has not produced results. In a new attempt to
impose budget discipline, a provision is included requiring
NPPD to submit its fiscal year 2016 budget request by office
and by PPA. Each office shall provide (1) budget detail by
object classification; (2) the number of full-time equivalents
on board; (3) the number of full-time equivalent vacancies; and
(4) the appropriations account(s) used to support the office
and the programs used by the office. This information shall be
provided for the previously enacted year and the requested year
on the day the budget justification is received. NPPD and
Office of Management and Budget [OMB] staff are encouraged to
work with the Committee on the format of the presentation.
The Committee recognizes that NPPD has proposed a PPA
restructuring in an addendum to the budget for the last 3
years, only to later reconsider the proposal causing it not to
be acted on. Should NPPD settle on a new mission based PPA
restructuring that will also resolve the issues discussed
above, it is encouraged to submit a report to the Committee
realigning resources in the new structure using the funding
levels provided by the Appropriations Committees to date for
potential use for congressional action. The report shall also
include a 5-year history reflecting the realignment which will
further assist the Committee in transparently demonstrating
resources provided.
The Committee included several requirements in Senate
report 113-77 aimed at closer collaboration between NPPD and
FEMA on preparedness activities, mitigation efforts, and
response and recovery from disasters and attacks. The
Department's responses to these requirements further solidified
the Committee's position that this collaboration is essential
to resilience and efficient, effective use of resources. The
Committee directs NPPD and FEMA to jointly brief on continued
coordination no later than 90 days after the date of enactment
of this act.
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
Appropriations, 2014.................................... $1,187,000,000
Budget estimate, 2015................................... 1,197,566,000
Committee recommendation................................ 1,213,000,000
Infrastructure Protection and Information Security [IPIS]
programs assist the entities and people responsible for
securing the Nation's critical infrastructure assets. In
addition, IPIS supports collaborative efforts with State,
local, public, private, and international entities to secure
cyberspace and U.S. cyber assets, and reduce the vulnerability
of the Nation's telecommunications and information technology
infrastructures.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$1,213,000,000 for Infrastructure Protection and Information
Security programs, $15,434,000 above the amount requested and
$26,000,000 above the amount provided in fiscal year 2014. The
following table summarizes the Committee's recommendations as
compared to the fiscal year 2014 and budget request levels:
INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Infrastructure protection and information security:
Infrastructure Protection:
Infrastructure Analysis and Planning.............. 63,134 63,999 68,373
Sector Management and Governance.................. 62,562 63,136 62,961
Regional Field Operations......................... 56,550 57,034 56,886
Infrastructure Security Compliance................ 81,000 86,976 86,727
-----------------------------------------------------
Subtotal, Infrastructure Protection............. 263,246 271,145 274,947
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination........................ 4,320 4,330 4,311
US-Computer Incident Response Team [US-CERT] 102,000 98,794 98,573
Operations.......................................
Federal Network Security.......................... 199,725 171,500 171,418
Network Security Deployment....................... 382,252 377,690 377,567
Global Cybersecurity Management................... 25,892 17,613 25,893
Critical Infrastructure Cyber Protection and 73,013 70,963 74,054
Awareness........................................
Business Operations............................... 5,089 5,554 5,524
-----------------------------------------------------
Subtotal, Cybersecurity......................... 792,291 746,444 757,340
Communications:
Office of Emergency Communications.................... 37,450 36,480 37,335
Priority Telecommunications Services.................. 53,372 53,381 53,324
Next Generation Networks.............................. 21,158 69,571 69,559
Programs to Study and Enhance Telecommunications...... 10,074 10,106 10,092
Critical Infrastructure Protection Programs........... 9,409 10,439 10,403
-----------------------------------------------------
Subtotal, Communications............................ 131,463 179,977 180,713
-----------------------------------------------------
Subtotal, Cybersecurity and Communications.......... 923,754 926,421 938,053
=====================================================
Total, Infrastructure Protection and Information 1,187,000 1,197,566 1,213,000
Secur- ity........................................
----------------------------------------------------------------------------------------------------------------
INFRASTRUCTURE PROTECTION
The Committee recommends $274,947,000 for Infrastructure
Protection, $3,802,000 above the amount requested and
$11,701,000 above the amount provided in fiscal year 2014.
National Infrastructure Simulation and Analysis Center.--Of
the total amount provided for Infrastructure Protection,
$18,650,000, the same amount as fiscal year 2014, is for the
National Infrastructure Simulation and Analysis Center.
Bombing Prevention.--The Office of Bombing Prevention [OBP]
shall be funded at $9,961,000, which is $1,546,000 above the
request and $543,000 below the fiscal year 2014 level. The
funds will sustain needed training, information sharing, and
awareness for State, local, and private sector entities
regarding how terrorists use explosives, in addition to needed
analysis of counter-explosives requirements, capabilities, and
gaps. The Committee is aware of OBP's efforts to work with the
National Guard on training and encourages the Office to analyze
efficiencies that could be gained through coordination with the
National Guard mission. The Committee further encourages OBP to
continue to work with the Department of Defense on capabilities
related to counter explosives, including the possible transfer,
equipping, and storage of electronic countermeasures. The
Office should continue to explore applicable capabilities from
defense programs that comply with domestic policies and
protections, such as privacy.
The Committee supports the efforts of the OBP to counter
the threat and mitigate the impact of an incident using an
improvised explosive device by building capabilities among
State, local, tribal and territorial partners, the private
sector, and the public. The Committee encourages further
cooperation through the interagency Joint Program Office for
Countering Improvised Explosive Devices to ensure that
capabilities from the Departments of Defense and Justice, such
as the Joint Improvised Explosive Device Defeat Organization,
Terrorist Explosive Device Analytical Center, and National
Center for Explosives Training and Research are leveraged in
support of DHS efforts. The Committee also encourages further
work among OBP, the Federal Emergency Management Agency, and
Federal Law Enforcement Training Center to meet preparedness
goals in a systematic manner.
Vulnerability Assessments.--Of the total amount provided,
$17,006,000 is for vulnerability assessments, as requested. The
Committee notes that in conducting assessments on risks to
critical infrastructure and key resources, interdependencies on
associated infrastructure--including cyber--are often
discovered. The Committee encourages NPPD to ensure this
information is shared regionally to maximize the benefits of
the assessments and facilitate planning for restoration of
services post-disaster.
Large Venue Safety.--The Committee directs NPPD to fully
fund training of safety and security professionals charged with
public protection at large venues with large crowds. The
Committee encourages the Department to continue strengthening
existing partnerships with institutions and centers that have
well-developed training programs for security personnel to meet
safety and security requirements at large venues, including
those that host professional, collegiate, and amateur sporting
events. Such entities should possess unique resources,
research, and programs that can be combined to enhance
dissemination of effective security techniques to sports safety
venue professionals.
Fuel Hubs.--The Committee notes NPPD's efforts to review
petroleum transportation and distribution systems in the
aftermath of Hurricane Sandy and directs the Directorate to
make information on the analysis available to affected States.
Sensing Technologies.--NPPD is directed to provide a
briefing on the development and use of sensing technologies to
enhance building security and resilience no later than 60 days
after the date of enactment of this act.
Sector Management and Governance.--In a recent report
entitled, ``Critical Infrastructure Protection: Observations on
Key Factors in DHS's Implementation of Its Partnership
Approach'' (GAO-14-464T), GAO found that DHS still has work to
do regarding several key factors that are important to
implement its partnership approach with industry to protect
critical infrastructure. For example, a systematic approach to
gathering feedback from industry owners and operators and
measuring the results of these efforts is still lacking. The
Committee is perplexed that, given the need to update
processes, the budget request includes an 11 percent increase
in salaries and expenses and a 5 percent decrease for
programmatic funding. NPPD shall reassess its budget priorities
to ensure the most critical issues are addresses first.
Chemical Security.--The Committee recommends $86,727,000
for Infrastructure Security Compliance, $249,000 below the
request and $5,727,000 above the amount provided in fiscal year
2014. The Under Secretary of NPPD is directed to provide a
report on the implementation of the Chemical Facility Anti-
Terrorism Standards [CFATS] program to the Committee on a
semiannual basis that includes the number of: facilities
covered, inspectors, completed inspections, inspections
completed by region, pending inspections, days inspections are
overdue, enforcements resulting from inspections, and
enforcements overdue for resolution. This data should be
delineated by tier. The first report shall be submitted no
later than 90 days after the date of enactment of this act.
On June 6, 2014, the White House released a report required
in Executive Order 13650 entitled Improving Chemical Facility
Safety and Security with specific recommendations to enhance
the safety and security of chemical facilities and reduce risks
associated with hazardous chemicals to facility workers,
communities, and first responders. NPPD is directed to brief
the Committee on the progress of fulfilling the recommendations
and the progress being made to improve coordination among
Federal agencies on chemical security and safety no later than
90 days after the date of enactment of this act. The
requirement included in previous fiscal years for a semiannual
report from the Deputy Secretary on coordination efforts within
the Department is discontinued in light of the new Federal
effort, including the convened working group.
The Committee recognizes NPPD's continued and needed focus
on evolving CFATS into a program that balances the need for
security with the need of efficient chemical management by
companies. As its approach to chemical security develops and
matures, the Committee urges NPPD to find the best possible
path to ensure safety while not overburdening the industry with
excessive regulatory requirements. In particular it is
imperative that NPPD work with industry on a viable solution to
personnel surety.
The Committee remains concerned about the capabilities
available to first responders, chemical facility workers, and
the general population to protect themselves in the event of
exposure to hazardous chemicals. NPPD is encouraged to consider
chemical neutralization technologies when creating
comprehensive and integrated standard operating procedures for
a unified Federal approach for identifying and responding to
risks in chemical facilities as detailed in Executive Order
13650.
The Committee finds the use of administratively
uncontrollable overtime [AUO] by NPPD personnel has been
excessive, particularly by chemical security inspectors. Since
fiscal year 2010, nearly all of the chemical security
inspectors have reached the maximum cap on AUO pay at 25
percent each year--in two of those years, every inspector was
paid the maximum. As outlined in the Deputy Secretary's May 23,
2014, memorandum entitled ``Improving AUO Administration within
the Department of Homeland Security,'' positions eligible for
AUO are positions ``in which the hours of duty cannot be
controlled administratively, and which require substantial
amounts of irregular, unscheduled overtime duty.'' The
Committee acknowledges that inspectors, in the course of
business, may need to extend their generally scheduled
inspections due to concerning and irregular circumstances.
However, the Committee directs NPPD to consider the eligibility
of these employees for AUO consistent with the Deputy
Secretary's memorandum and future policies and procedures. NPPD
shall keep the Committee apprised of developments in this area.
CYBERSECURITY
The Committee recommends $757,340,000 for Cybersecurity
programs, $10,896,000 above the budget request and $34,951,000
below the fiscal year 2014 level.
Federal Network Security.--Of the total amount for
cybersecurity, the Committee recommends $171,418,000 for
Federal Network Security, of which $140,525,000 is to provide
continuous monitoring and diagnostics for the civilian Federal
computer network to detect malicious activity on Government
networks. DHS has made great strides in implementing the
continuous monitoring and diagnostics program by putting
contract vehicles in place and signing agreements with 108
departments and agencies; however, the actual purchase and
deployment of capabilities has been slow. The Committee expects
DHS and all departments and agencies to move forward with
deliberate haste, given the cyber threat. The Committee notes
the promise of continuous monitoring and diagnostics in
revamping Federal Information Security Management Act
requirements to get timely, accurate, and actionable results.
While NPPD is leading the effort for continuous monitoring
and diagnostics and funds are provided for standardizing and
improving this capability across the Federal enterprise, the
responsibility for information technology management, including
security, remains with each Federal agency. As such, each
agency must continue to plan and budget for security needs
consistent with current law and policies as well as emerging
threats and needs. NPPD shall provide its expertise and
capabilities to supplement, but not supplant, the budget and
responsibilities of other agencies. A general provision, first
enacted in fiscal year 2013, requiring reports on the progress
of the implementation of this effort is included but modified
to reduce the frequency of the reports to semiannual.
Network Security Deployment.--The National Cybersecurity
Protection System [NCPS], known as Einstein, was deployed in
2004, and has been upgraded in stages to address the evolving
threat through technological advances. As required in the
explanatory statement accompanying the Department of Homeland
Security Appropriations Act, 2014, GAO is currently conducting
a comprehensive review of the Einstein program's effectiveness.
The Committee expects NPPD will act upon reasonable
recommendations without delay.
Cybersecurity Personnel Nationwide.--NPPD is directed to
conduct a review of the availability and benefit (including
cost savings and security) of using cybersecurity personnel and
facilities outside of the National Capital Region [NCR] to
serve the Federal and national need. Findings of this review
shall be reported to Congress no later than 120 days after the
date of enactment of this act. Further, should DHS gain special
hiring authority for cybersecurity personnel, the authority
shall not be used in any case unless consideration has first
been given to using personnel and facilities outside the NCR.
Enhanced Cybersecurity Services.--The Committee supports
NPPD's efforts to make available Enhanced Cybersecurity
Services [ECS] and urges NPPD to begin working with State and
local governments on risks to government systems and to
critical infrastructure in their communities. Since these
governments oversee the safety of, and in some cases directly
operate, elements of the electrical grid, water utilities,
public transportation, communications systems, and other key
assets it is critical that they have access to the latest tools
in this fiscal year. Further, NPPD shall report to the
Committee, no later than 60 days after the date of enactment of
this act, on the current size and expected growth of the State
and local government need for ECS protection services. The
report shall include the number of entities utilizing ECS
today, the anticipated need for ECS use in the next 2 years,
and NPPD's plan for expanding use of ECS, including an
articulation of any barriers to ECS use by particular types of
users and how NPPD will assist in overcoming those barriers.
Cybersecurity Education.--The Committee recommends
$25,893,000 for Global Cybersecurity Management, of which no
less than $15,810,000 is for cybersecurity education. The
Committee rejects the administration's proposal to reduce
funding for cybersecurity education. A reduction will delay the
stated goal of educating 1.7 million students by 2021 which is
the determined need to keep pace with the cyber threat. This is
unacceptable. If the Department chooses to reassess the overall
need for cybersecurity education, NPPD shall provide a report
to the Committee on the methodology and metrics the
administration uses to determine the new need and demonstrate
how it is consistent with the goals established in the National
Initiative for Cybersecurity Education. Further, to have an
effective workforce development program it is imperative that
DHS establish clear and specific requirements which define
types of cybersecurity personnel. For example, the Department
of Defense has specific guidance and procedures for the
training, certification, and management of all government
employees who conduct information assurance functions in
assigned duty positions (referred to as DoDD 8570). This
discipline will establish a measurable goal for a properly
skilled workforce. NPPD is directed to brief the Committee no
later than 60 days after the date of enactment of this act on a
specific timeline by which workforce development requirements
will be precisely defined.
National Cybersecurity Review.--The Committee looks forward
to receiving the biannual National Cybersecurity Review in a
timely fashion and notes that it provides critical information
regarding the Nation's resilience against and readiness for a
cyber incident used by Federal agencies and the private sector.
COMMUNICATIONS
The Committee recommends $180,713,000 for communications
programs, $736,000 above the amount requested and $49,250,000
above the amount provided in fiscal year 2014.
Emergency Communications.--Of the total amount recommended,
$37,335,000 is for the Office of Emergency Communications
[OEC], $855,000 above the amount requested, and $115,000 below
the fiscal year 2014 level. The Committee provides additional
funding to ensure OEC can maintain the same level of training
and exercise support to State, tribal, and local governments as
in fiscal year 2014.
The Committee remains committed to ensuring Federal funding
for interoperability is used to enhance communications among
local, State, and Federal first responders, consistent with
each community's needs. The Committee directs OEC to work with
FEMA to ensure that applicable Department fiscal year 2015
guidance for first responder communications grant programs
includes appropriate guidance based on factors including
effectiveness, risk, and affordability for newer capabilities
as they come online, such as multi-band land mobile radios and
terminals.
Next Generation Networks.--Of the total amount recommended,
$69,559,000 is for the Next Generation Networks Program,
$12,000 below the request and $48,401,000 above fiscal year
2014. This funding provides the next significant increment to
ensure priority calls can be placed on the most current
technology during disasters and emergencies.
FEDERAL PROTECTIVE SERVICE
Appropriations, 2014\1\................................. $1,301,824,000
Budget estimate, 2015\1\................................ 1,342,606,000
Committee recommendation\1\............................. 1,342,606,000
\1\Fully funded by offsetting collections paid by General Services
Administration tenants and credited directly to this appropriation.
The Federal Protective Service [FPS] is responsible for the
security and protection of Federal property under the control
of the General Services Administration [GSA]; and for the
enforcement of laws for the protection of persons and property,
the prevention of breaches of peace, and enforcement of any
rules and regulations made and promulgated by the GSA
Administrator and/or the Secretary. The FPS authority can also
be extended by agreement to any area with a significant Federal
interest. The FPS account provides funds for the salaries,
benefits, travel, training, and other expenses of the program,
offset by collections paid by GSA tenants and credited to the
account.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,342,606,000, as requested, for
salaries and expenses of the Federal Protective Service for
fiscal year 2015. This amount is fully offset by collections of
security fees.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
FEDERAL PROTECTIVE SERVICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Basic security............................................ 271,540 275,763 275,763
Building-specific Security................................ 509,056 600,615 600,615
Reimbursable Security Fees (Contract Guard Services)...... 521,228 466,228 466,228
-----------------------------------------------------
Total, Federal Protective Service................... 1,301,824 1,342,606 1,342,606
Offsetting Fee Collections................................ -1,301,824 -1,342,606 -1,342,606
----------------------------------------------------------------------------------------------------------------
The Federal Protective Service is funded through fees
assessed to participating agencies by the OMB. The Secretary of
Homeland Security is directed to certify that FPS is
sufficiently funded to support the requested 1,371 FTE,
including no less than 1,007 police officers, inspectors, area
commanders, and special agents by December 31, 2014.
A provision was included in the Department of Homeland
Security Appropriations Acts of 2012, 2013, and 2014 requiring
FPS to submit a strategic human capital plan that aligns fee
collections to personnel requirements based on a current threat
assessment. FPS submitted its first full Strategic Human
Capital Plan on March 12, 2014. Based on direction in the
Explanatory Statement accompanying the fiscal year 2014 Act,
GAO is now required to evaluate the plan and provide a report
on its effectiveness. FPS shall brief the Committee on its
implementation of GAO recommendations upon receiving them. The
provision to submit a strategic plan is retained for one
additional year pending GAO's findings.
For over 2 years FPS has been providing quarterly briefings
on its efforts to link operations, performance, and cost data.
The Committee expects the FPS proposed resource allocation,
including the fee design, for fiscal year 2016 to be based on
these efforts and to demonstrate a clear metric based on risk.
The quarterly briefings are no longer required.
OFFICE OF BIOMETRIC IDENTITY MANAGEMENT
Appropriations, 2014.................................... $227,108,000
Budget estimate, 2015................................... 251,584,000
Committee recommendation................................ 249,142,000
MISSION
The mission of the Office of Biometric Identity Management
[OBIM] is to collect, maintain, and share biometric data with
authorized DHS, Federal, State, tribal, local law enforcement
agencies, and strategic foreign partners. As the agency
responsible for maintaining the Automated Biometric
Identification System [IDENT] and a biometric center of
expertise, OBIM provides an invaluable capability to ensure
national security, public safety and the integrity of the
Nation's immigration system. OBIM is charged with fostering
full interoperability and real-time data sharing among the
Homeland Security, Justice, and Defense Departments' biometric
identity management systems. OBIM also must ensure that
biometrics can be used as the means to link associated
biographic information such that individuals can be uniquely
identified, serving its customers' security, facilitation, and
customer service needs.
RECOMMENDATION
The Committee recommends $249,142,000 for OBIM, including
$25,382,000 for system improvements to the Automated Biometric
Identification System [IDENT]. This is $2,442,000 below the
request and $22,034,000 above the amount provided in fiscal
year 2014. The Committee strongly supports IDENT modernization;
though given budget constraints, the recommended level will
support only half the proposed purchase of 10-print biometric
matching devices. OBIM is encouraged to apply any cost savings
during the fiscal year to modernization efforts.
In addition, as specified under ``National Protection and
Programs Directorate, Management and Administration'' 18 FTE
are transferred from OBIM to NPPD as requested and modified.
NPPD shall brief the Committee on the specific business support
FTE. This recommendation does not alter the funding level
proposed for these FTE in the M&A PPA or the OBIM account.
Language is included in the bill requiring a multi-year
investment and management plan be submitted with the
President's budget request that justifies current and future
requirements for OBIM. The Committee directs OBIM to continue
efforts to identify efficiencies under this new structure
through reassessing its staffing, travel, and contractor
support requirements.
SEMIANNUAL BRIEFINGS
OBIM is directed to continue briefing the Committee on a
semiannual basis on its workload and service levels, staffing,
modernization efforts, and other operations.
FOCUSED CUSTOMER SERVICE
OBIM is expected to continue its strong coordination with
DHS and interagency partners to ensure appropriate focus on
customer needs and service through regular, informal means of
communication as well as through the official mechanism of the
OBIM Executive Stakeholder Board.
OBIM shall continue efforts to enroll into IDENT TSA's
special vetted populations as well as departmental employees
and contractors, which has been a priority for a number of
years. These populations and other potential future populations
would enable better security and improve customer service.
Consequently, OBIM is directed to include the status of these
projects in its semiannual briefings.
IDENTITY SERVICES
DHS is encouraged to work cooperatively with the
Departments of Justice, Defense, and State to standardize and
share biometric information. The Committee directs OBIM to
continue semi-annual briefings on progress toward integrating
the various systems, including Unique Identity, to describe
existing capability gaps and a methodology by which to close
them. Further, the Committee encourages OBIM to continue its
data sharing and connectivity improvement efforts with the
Intelligence Community.
OFFICE OF HEALTH AFFAIRS
Appropriations, 2014.................................... $126,763,000
Budget estimate, 2015................................... 125,767,000
Committee recommendation................................ 124,618,000
The Office of Health Affairs [OHA], headed by the Chief
Medical Officer who also serves as the Assistant Secretary for
Health Affairs, leads the Department on medical issues related
to natural and man-made disasters; serves as the principal
advisor to the Secretary on medical and public health issues;
coordinates biodefense activities within the Department; and
serves as the Department's primary contact with other
Departments and State, local, and tribal governments on medical
and public health issues.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$124,618,000, $1,149,000 below the request and $2,145,000 below
the fiscal year 2014 level, for Office of Health Affairs
programs. The Committee denies the requests to consolidate the
BioWatch Program and the National Biosurveillance Integration
Center into one PPA, and create a second PPA by combining
Planning and Coordination and the Chemical Defense Program. In
order to maintain proper oversight of expenditures, the fiscal
year 2014 PPA structure for OHA is retained. This will allow
the Committee to compare year to year appropriations uniformly.
The following table summarizes the Committee's recommendations
as compared to the fiscal year 2014 and budget request levels:
OFFICE OF HEALTH AFFAIRS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
BioWatch.................................................. 85,277 84,651 84,651
National Biosurveillance Integration Center............... 10,000 8,000 8,000
Chemical Defense Program.................................. 824 824 824
Planning and Coordination................................. 4,995 4,995 4,995
Salaries and Expenses..................................... 25,667 27,297 26,148
-----------------------------------------------------
Total, Office of Health Affairs..................... 126,763 125,767 124,618
----------------------------------------------------------------------------------------------------------------
BIOWATCH
The Committee recommends $84,651,000 for the BioWatch
Program, the same amount as requested and $626,000 below the
amount provided in fiscal year 2014. This funding sustains
current operations.
OHA has recently announced the cancellation of the
autonomous detection technology acquisition, also known as the
BioWatch Generation 3 Program. While the request has been
granted for a $626,000 reduction from the BioWatch Program by
extending the timeline for full replacement and capitalization
of laboratory equipment in the currently used Generation 1 and
2 models, the Committee remains supportive of the pursuance of
next generation biodetection technology. OHA is directed to
brief the Committee no later than 60 days after the date of
enactment of this act to address the impact of the delayed
replacement of laboratory equipment on the BioWatch Program,
along with the next steps forward on further technological
advancement within this program.
NATIONAL BIOSURVEILLANCE INTEGRATION CENTER
The Committee recommends $8,000,000 for the National
Biosurveillance Integration Center [NBIC], the same amount as
requested and $2,000,000 below the amount provided in fiscal
year 2014.
The Committee notes a strategic plan for NBIC to promote
early warning and share situational awareness of biological
events was published in November 2012. The plan establishes
initiatives that may be measured and validated to ensure
specific goals are accomplished, including dissemination of
timely, useful, integrated Federal information related to
incidents and threats. In addition, as part of the NBIC
strategy, pilot projects are completed to demonstrate new
capabilities for operational implementation. OHA is directed to
brief the Committee on the progress of the implementation of
the strategic plan and the specific outcomes of the pilot
projects no later than 60 days after the date of enactment of
this act. The briefing shall include identification of
obstacles to the implementation of the strategic plan and the
timeframe for completion of the pilot programs. The ongoing
costs and new needs for pilot projects should be identified in
the brief. Pilot projects shall be competitively awarded in
fiscal year 2015.
CHEMICAL DEFENSE PROGRAM
The Committee recommends $824,000 for the Chemical Defense
Program, the same as requested and the amount provided in
fiscal year 2014.
OHA has selected four cities across the United States in
which to perform demonstration projects aimed at developing a
comprehensive chemical defense framework. OHA is directed to
brief the Committee no later than 60 days after the date of
enactment of this act to provide an update on the demonstration
projects underway in the selected cities.
PLANNING AND COORDINATION
The Committee recommends $4,995,000 for Planning and
Coordination, the same as requested and the amount provided in
fiscal year 2014. OHA is directed to brief the Committee
regarding how mission capability has been maintained, within
the resources requested and provided, no later than 60 days
after the date of enactment of this act.
SALARIES AND EXPENSES
The Committee recommends $26,148,000 for Salaries and
Expenses, $1,149,000 below the amount requested and $481,000
above the amount provided in fiscal year 2014. The reduction
from the request is justified due to vacancies.
UNACCOMPANIED ALIEN CHILDREN HEALTH SCREENING
The medical triage of aliens apprehended on the Southwest
border and being taken into CBP and ICE custody has been an
ongoing challenge, though the crisis of unaccompanied alien
children has made this issue even more acute. Breakouts of
chicken pox, scabies, and other communicable diseases among the
detained population and those who come in contact with them,
such as Border Patrol agents, are becoming more common. OHA has
been assisting CBP and ICE in developing better policies and
procedures for medical triage and, given the current crisis,
has deployed medical professionals to assist by giving
vaccinations and performing examinations. The Committee notes
that direct care is not the intended use of OHA personnel, as
such, OHA shall support CBP and ICE in developing a better
medium- and long-term solution for engaging these critical
services.
Federal Emergency Management Agency
The primary mission of the Federal Emergency Management
Agency [FEMA] is to reduce the loss of life and property and
protect the Nation from all hazards, including natural
disasters, acts of terrorism, and other manmade disasters, by
leading and supporting the Nation in a risk-based,
comprehensive emergency management system of preparedness,
protection, response, recovery, and mitigation. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2014 and budget request levels:
FEDERAL EMERGENCY MANAGEMENT AGENCY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Salaries and Expenses.................................. 946,982 924,664 935,720
State and Local Programs............................... 1,500,000 \1\2,225,469 1,500,000
Firefighter Assistance Grants.......................... 680,000 (\2\) 680,000
Emergency Management Performance Grants................ 350,000 (\2\) 350,000
Radiological Emergency Preparedness Program............ -1,272 -1,815 -1,815
United States Fire Administration...................... 44,000 41,407 44,000
Disaster Relief Fund:
Base............................................... 594,522 595,672 595,672
Disaster Relief Category........................... 5,626,386 6,437,793 6,437,793
--------------------------------------------------------
Subtotal, Disaster Relief Fund................... 6,220,908 7,033,465 7,033,465
Flood Hazard Mapping and Risk Analysis................. 95,202 84,403 100,000
National Flood Insurance Fund\3\....................... (176,300) (179,294) (179,294)
National Predisaster Mitigation Fund................... 25,000 ................. 25,000
Emergency food and shelter............................. 120,000 100,000 100,000
========================================================
Total, Federal Emergency Management Agency..... 9,980,820 10,407,593 10,766,370
----------------------------------------------------------------------------------------------------------------
\1\Includes $670,000,000 proposed for Firefighter Assistance Grants and $350,000,000 proposed for Emergency
Management Performance Grants, which continue to be funded in separate appropriations.
\2\Funding proposed under State and Local Programs.
\3\Fully offset by fee collection.
SALARIES AND EXPENSES
Appropriations, 2014.................................... $946,982,000
Budget estimate, 2015................................... 924,664,000
Committee recommendation................................ 935,720,000
Funding for FEMA Salaries and Expenses provides for the
development and maintenance of an integrated, nationwide
capability to prepare for, mitigate against, respond to, and
recover from the consequences of major disasters and
emergencies, regardless of cause, in partnership with Federal
agencies, State, local, and tribal governments, volunteer
organizations, and the private sector. The Salaries and
Expenses account supports FEMA's programs by coordinating
between headquarters and regional offices the policy,
managerial, resource, and administrative actions.
COMMITTEE RECOMMENDATIONS
The Committee recommends total appropriations of
$935,720,000 for FEMA Salaries and Expenses, which is
$11,056,000 above the request and $11,262,000 below fiscal year
2014. The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
SALARIES AND EXPENSES
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Administrative and Regional Offices.................... 249,855 245,218 244,183
Office of National Capital Region Coordination..... (3,400) ................. (3,400)
Preparedness and Protection............................ 173,406 185,000 184,659
Response............................................... 178,692 167,376 174,586
Urban Search and Rescue Response Systems........... (35,180) (27,513) (35,180)
Recovery............................................... 55,121 56,030 55,789
Mitigation............................................. 27,858 25,782 27,738
Mission Support........................................ 151,744 141,809 145,316
Centrally Managed Accounts............................. 110,306 103,449 103,449
--------------------------------------------------------
Total, Salaries and Expenses..................... 946,982 924,664 935,720
----------------------------------------------------------------------------------------------------------------
PROGRAM ACTIVITIES
Since fiscal year 2012, FEMA Salaries and Expenses have
been reduced by 9.3 percent. Much of the reduction is
attributed to prudent decision-making about out-of-date
contract services, strategic workforce management, and
streamlining functions by transferring them to the regional
offices from headquarters. Other less desirable reductions have
been proposed in deferral of maintenance to training
facilities, reduction to long view programs such as mitigation
programs, and under investment in technology improvements. The
Committee expects that FEMA will strive to strike a reasonable
balance between needed reductions in the short term and
investing in long view programs to reduce future risk which
saves money and lives. The fiscal year 2016 budget
justification should clearly identify FEMA's strategy in
developing budget trade-offs.
Of the total amount made available, $33,862,000 is included
for Mount Weather capital improvements and operations, as
requested.
Of the total amounts provided, not less than: $2,000,000 is
for the Emergency Management Assistance Compact under the
Preparedness and Protection PPA; $4,199,515 is for the National
Hurricane Program under the Response PPA; $8,500,000 is for the
National Earthquake Hazards Reduction Program and $9,100,000 is
for the National Dam Safety Program under the Mitigation PPA.
Funding levels for each of these programs are maintained at
fiscal year 2014 levels. The Committee is perplexed by the
proposed reduction to EMAC since funds facilitate mutual aid
among States and local governments, thereby reducing the burden
to the Federal Government. The proposed 43 percent cut which
would reduce training, upgrades to the Mutual Aid Support
System, and readiness activities is rejected.
The Committee provides $8,516,000 for evaluations and
assessments, as requested, in the Preparedness and Protection
PPA. In previous years the Committee included funding for
evaluations and assessments in the Administrative and Regional
Offices PPA in hopes that FEMA leadership would take a FEMA-
wide approach to evaluating programs for State, tribal, local
governments. Given the need to maintain focus on preparedness
programs, the proposed reduction in funds, and the direction
throughout this report to do evaluations in other programs, the
Committee includes the funds as requested in the Preparedness
and Protection PPA. FEMA is encouraged to, nonetheless, take a
comprehensive approach to program evaluation including
preparedness, response, and recovery creating more useful
evaluations and reducing the burden on partners.
The Committee is disappointed in the delayed release of the
third annual National Preparedness Report [NPR]. The report is
an important opportunity to continue to hone the alignment of
preparedness needs with investments through the resources of
Federal, State, tribal, and local governments. Additionally,
the NPR should begin to include information this year garnered
from the Threat and Hazard Identification and Risk Assessments
[THIRA] being completed at all levels of government. The
Committee is concerned that momentum to continue improving
efforts like THIRA and then align them with reporting
mechanisms is waning. This will lead to yet another attempted
but not completed approach to put performance metrics in place.
A continued discombobulated approach to assess readiness puts
limited resources at risk from being invested in the most
worthy projects. The Committee expects the NPR to be delivered
without delay. Further, FEMA is directed to brief the Committee
no later than 30 days after the NPR is published on the
development of a measurement system that will assess the
Nation's risk, readiness, and the specific gaps in
capabilities, including the incorporation of any THIRA
information.
The Committee urges FEMA to continue efforts through
demonstration projects to ensure the latest technologies are
available for use by people who are deaf, blind, or non-English
speaking so they may receive emergency alert notifications.
AUTOMATION MODERNIZATION
The Committee provides $4,000,000 above the total amount
requested to continue FEMA's automation modernization program,
the same level as fiscal year 2014. The funding and the report
required in this and previous Appropriations Acts provide the
means and structure for FEMA to modernize its systems for
better performance and future costs savings. FEMA shall
continue to include the DHS CIO in planning efforts to ensure
compatibility with other departmental systems where
practicable. The Committee commends the FEMA Chief Information
Officer for embarking on a capital planning and investment
review of the over 600 systems FEMA operates and expects the
results of the review to be helpful in evaluating the current
modernization strategy.
OFFICE OF NATIONAL CAPITAL REGION COORDINATION
The Committee recommends $3,400,000 for the Office of
National Capital Region Coordination [ONCRC], the same level as
the request and the amount provided in fiscal year 2014. The
Committee recognizes the unique responsibilities of the Office
in coordinating emergency preparedness and response activity in
a high-population area, where the workforce is made up of many
independently operating Federal agencies and the District of
Columbia, and where National leaders and foreign dignitaries
are ever present.
The Committee notes that FEMA has reconsidered its
realignment of the ONCRC which was proposed on July 2, 2013.
After consultation with stakeholders and a refocusing on the
legislated mission, it appears FEMA has charted a new way
forward for the ONCRC to best serve the needs of this unique
area. FEMA is directed to conduct an exercise, in cooperation
with State and local governments, to demonstrate how the
updated proposal for execution of the ONCRC mission will
function and how authorities will be used during an incident.
The exercise will ensure the concept is tested and the roles
and responsibilities are clearly understood and agreed upon at
all levels of government. If during the exercise, high priority
activities for the ONCRC are reevaluated, FEMA shall brief the
Committee on the new priorities including the timeframe for
execution. Previously prioritized activities include aligning
Federal building emergency plans and evacuation procedures to
facilitate an orderly evacuation for no-notice events and
facilitating daily data sharing across local, State, and the
plethora of Federal sources for situational awareness.
A permanent provision included in the Department of
Homeland Security Appropriations Act, 2013, requires inclusion
of the Governors of the State of West Virginia and the
Commonwealth of Pennsylvania in the National Capital Region
decision-making process for mass evacuations. FEMA is directed
to include officials from the counties and municipalities that
contain the evacuation routes and their tributaries in the
planning process.
URBAN SEARCH AND RESCUE RESPONSE SYSTEM
The Committee recommends $35,180,000 for the Urban Search
and Rescue Response System, $7,667,000 above the request and
the same amount as provided in fiscal year 2014. Funding will
sustain the existing system and additional chemical,
biological, nuclear, radiological, and explosives capabilities
gained in fiscal year 2012.
BUDGET PRESENTATION
The Committee directs FEMA to submit its fiscal year 2016
budget request, including justification materials, by office.
Each office and FEMA region shall include (1) budget detail by
object classification; (2) the number of FTE on-board; (3) the
number of FTE vacancies; and (4) the appropriations account(s)
used to support the office and the programs managed by the
office. The level of detail provides improved transparency and
refined tracking of actual spending.
The Committee commends FEMA for making the budget request
in the same PPA structure, with minor exceptions under the
State and Local Programs appropriation, in which funds are
appropriated instead of continuing the previous practice of
presenting the budget solely in a new format, making program
and activity comparison over fiscal years an exercise in
frustration.
The Committee also notes that FEMA included an addendum
proposing to combine the Response and Recovery PPAs into a
single PPA. This request is denied. The Committee feels
strongly that maintaining a known level of funding in both
response and recovery will ensure that spending is not subject
to the response issue of the day and thereby putting at risk
funding recovery activities that have a longer term need. The
separate PPAs were established to ensure transparency in level
of effort between the two functions due to the concern over
complaints of FEMA's ability to assist in an efficient and
effective recovery. For example, FEMA's ability to support
recovery after Hurricane Katrina suffered severely in no small
part due to antiquated and convoluted recovery policies.
Further, the Committee has not been provided with specific
examples of how separate PPAs are inhibiting FEMA's ability to
perform. Should FEMA supply further convincing evidence of the
need for unification of the PPAs and demonstrate a way to
ensure long view issues will not suffer from the demands of
urgent matters of the day, the unification could be
reconsidered.
OFFICE OF EXTERNAL AFFAIRS
Pursuant to the Explanatory Statement accompanying the
Department of Homeland Security Appropriations Act, 2014, the
Committee has been briefed on the implementation of plans to
improve accuracy and timeliness of FEMA's communications with
Congress and the public. The Committee expects communications
going forward will be greatly improved.
SANDY RECOVERY IMPROVEMENT ACT
The Committee commends FEMA for developing a task force and
schedule of work to implement all provisions of the Sandy
Recovery Improvement Act, which was enacted on January 29, 2013
(Public Law 113-2, division B). In order to hasten recovery and
augment mitigation efforts in areas affected by Hurricane Sandy
and other disasters throughout the country, FEMA is directed to
remain focused on this effort and provide the necessary
resources to continue it in earnest. Further, FEMA is directed
to continue documenting the savings in time and costs, and the
expedited recovery opportunities afforded communities due to
the change in authorities. This information should be made
available to Congress periodically.
CHILDREN AND DISASTERS
The National Commission on Children and Disasters
highlighted the unique disaster-related needs of America's 73
million children. The Committee notes the progress that
focusing on these unique needs has caused in recent disaster
response and recovery. The Committee directs FEMA to sustain
its ongoing efforts to address children's disaster-related
needs both in headquarters and regional offices. Further, FEMA
is directed to provide an updated report, not later than 120
days after the date of enactment of this act, on grant
expenditures related to ensuring the needs of children are met,
including all sources of FEMA grants, such as preparedness and
mitigation. The Committee also encourages FEMA to coordinate
with the Department of Health and Human Services to better
collect information as it pertains to child care services
provided by the Child Care Development Block Grant and provide
a briefing to the Committee on the results of the coordination
within 120 days after the date of enactment of this act.
WILDFIRE MITIGATION
Since 1980, wildfires have caused over $28,000,000,000 in
economic losses across the United States and fire suppression
costs have risen sharply over that time as wildfire seasons
have gradually worsened. Wildfire mitigation efforts not only
reduce the costs of wildfires to the economy and Federal
Government, but also save lives. As required in Senate Report
113-77, FEMA provided the ``Fire Mitigation: Fiscal Year 2014
Report to Congress.'' The report reveals that the majority of
FEMA funds are directed toward wildfire suppression through the
Fire Management Assistance Grant [FMAG] program, which does not
allocate funding for wildfire prevention. FEMA does make
mitigation funds available through the Hazard Mitigation Grant
Program [HMGP] in response to a major disaster declaration;
however, since very few wildfires achieve this categorization
wildfire prevention is not a focus of this program. The
Predisaster Mitigation [PDM] Program is the only significant
FEMA program devoted entirely to the mitigation and prevention
of natural disasters, and based on the report, over the past 5
years, 15 PDM wildfire-related projects for under $11,000,000
have been awarded. By contrast, FEMA spent over $290,000,000
during that time period through FMAG for wildfire suppression
and response, and other Federal agencies spent well in excess
of $10,000,000,000 suppressing and responding to wildfires. In
light of these figures, FEMA's efforts regarding mitigation and
repeated attempts to eliminate funding for PDM by the
administration are puzzling. The Committee directs FEMA, in
conjunction with the Forest Service and the Department of
Interior, to provide a strategy to better mitigate wildfire
impacts on urban and residential areas no later than 120 days
after the date of enactment of this act. The strategy should
include ways for FEMA to partner with the Forest Service and
Department of Interior in their wildfire prevention and
mitigation efforts, and also ways for FEMA to partner with
State and local governments at risk for wildfires on
cooperative efforts in the coming years.
DISASTER DECLARATIONS FOR TRIBAL GOVERNMENTS
The Committee urges FEMA to continue implementing Section
1110 of the Sandy Recovery Improvement Act (Public Law 113-2,
division B) which provides authority to make disaster
declarations directly to Tribal governments. FEMA is directed
to provide semiannual briefings to the Committee, and the
authorizing committees of jurisdiction, regarding the progress
made in implementing this provision, including FEMA resources
and personnel dedicated to the program.
RESILIENCE
The Committee notes that many policy documents, such as the
National Mitigation Framework, have been produced in recent
years but FEMA's budget proposals have yet to demonstrate a
change in the commitment to supporting mitigation projects and
in leading an effort to promote resilient communities. FEMA is
directed to clearly articulate a funding strategy that supports
and promotes mitigation and resilience in the fiscal year 2016
congressional budget justification. The description shall
articulate how each of the hazards have been prioritized and
what, if any, risk weights have been assigned to particular
types of disasters. Further, FEMA shall brief the Committee on
the method by which not only current hazards but future
threats, such as evolving terrorist methods, technological
incidents, and extreme weather events, are incorporated into
the cost benefit calculation for mitigation projects, including
for projects in rural communities, no later than 60 days after
the date of enactment of this act.
COMPONENT COLLABORATION
The Committee included several requirements in Senate
report 113-77 aimed at closer collaboration between FEMA and
the National Protection and Programs Directorate [NPPD] on
preparedness activities, mitigation efforts, and response and
recovery from disasters and attacks. The Department's responses
to these requirements further solidified the Committee's
position that this collaboration is essential to resilience and
efficient, effective use of resources. The Committee expects
FEMA and NPPD to jointly brief on continued coordination no
later than 90 days after the date of enactment of this act.
STATE AND LOCAL PROGRAMS
Appropriations, 2014.................................... $1,500,000,000
Budget estimate, 2015\1\................................ 2,225,469,000
Committee recommendation................................ 1,500,000,000
\1\Includes $670,000,000 proposed for Firefighter Assistance Grants and
$350,000,000 proposed for Emergency Management Performance Grants, which
continue to be funded in separate appropriations.
Funding for State and Local Programs provides grants for
training, equipment, planning, and exercises to improve
readiness for potential disasters.
COMMITTEE RECOMMENDATIONS
The Committee recommends $1,500,000,000 for State and Local
Programs, $294,531,000 above the amount requested in comparable
programs and the same level as fiscal year 2014. The following
table summarizes the Committee's recommendations as compared to
the fiscal year 2014 and budget request levels:
STATE AND LOCAL PROGRAMS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Grants:
National Preparedness Grant Program................. ................. 1,043,200 .................
State Homeland Security Grant Program............... 466,346 ................ 467,000
Operation Stonegarden........................... (55,000) ................ (55,000)
Urban Area Security Initiative...................... 600,000 ................ 600,000
Nonprofit Security Grants....................... (13,000) ................ (13,000)
Public Transportation Security/Railroad Security/Bus 100,000 ................ 100,000
Assistance.........................................
Amtrak.......................................... (10,000) ................ (10,000)
Port Security Grants................................ 100,000 ................ 100,000
First Responder Assistance Programs:
Emergency Management Performance Grants......... (\1\) 350,000 (\1\)
Firefighter Assistance Grants................... (\1\) 670,000 (\1\)
Training Partnership Grants..................... ................. 60,000 .................
-------------------------------------------------------
Subtotal, First Responder Assistance Programs. ................. 1,080,000 .................
-------------------------------------------------------
Subtotal, Grants.............................. 1,266,346 2,225,469 1,267,000
Education, Training, and Exercises:
Emergency Management Institute...................... 20,569 19,438 20,569
Center for Domestic Preparedness.................... 64,991 62,912 64,991
National Domestic Preparedness Consortium........... 98,000 ................ 98,000
National Exercise Program........................... 21,094 19,919 19,919
Continuing training................................. 29,000 ................ 29,521
-------------------------------------------------------
Subtotal, Education, Training, and Exercises...... 233,654 102,269 233,000
=======================================================
Total, State and Local Programs................... 1,500,000 2,225,469 1,500,000
----------------------------------------------------------------------------------------------------------------
\1\Funds appropriated under a separate account.
GRANT REFORM
The Committee notes that the budget request includes a
conceptual proposal for grant reform, similar to the fiscal
year 2013 and 2014 requests. This year, in addition to the
concept presented in the request, a legislative proposal was
submitted to the authorizing committees of jurisdiction on
March 4, 2014, that would enact the necessary authorities to
carry out the reform. The proposal needs to be fully vetted
before it can be acted on by Congress. The Committee therefore
includes funds in accordance with current law and provides
funding in the same manner as fiscal year 2014. Should
authorizing legislation be completed before enactment of fiscal
year 2015 appropriations, adjustments could be considered. FEMA
is directed to evaluate the effects of the grant reform on
small and rural communities and make information available to
Congress as the legislation is debated. A general provision is
continued prohibiting the implementation of grant reform until
congressional action on the matter has occurred.
GRANTS MANAGEMENT
The Committee includes specific timeframes for grant dollar
distribution. For each of the grant programs, funding
opportunity announcements shall be issued in 60 days,
applicants shall apply within 80 days after announcements are
made, and FEMA shall act on the application within 65 days
after applications are due.
The Department is encouraged to require State and local
governments to address child care services and facilities in
response and recovery plans, exercises, and training.
Additionally, the Committee is concerned that State and local
cybersecurity issues are not receiving the needed resources and
attention, and the Department is encouraged to require State
and local governments to include their Chief Information
Officers in planning efforts. Further, serious consideration
shall be given to eligible applications to protect networks
against cyber attacks. The Committee is concerned that drinking
water and sanitation security needs, especially related to
emergency response initiatives, are not adequately addressed.
FEMA is also encouraged to require State and local governments
to include rural water associations in planning efforts. FEMA
is encouraged to consider the need for technologies to improve
communication and speed transmission of images and real-time
video to underserved trauma centers when evaluating grant
applications. FEMA is urged to prioritize eligible grant
applications that use existing broadcast infrastructure systems
for emergency alerts. FEMA is urged to prioritize eligible
projects for early warning systems, such as for earthquakes,
and sirens when considering grant applications.
FEMA is directed to work with grantees, particularly Urban
Area Security Initiative recipients, on planning and
sustainment of resources needed for preparedness to ensure that
if Federal funding fluctuates, gains in preparedness can be
sustained.
STATE HOMELAND SECURITY GRANT PROGRAM
The Committee recommends $467,000,000 for the State
Homeland Security Grant Program [SHSGP], of which $55,000,000
shall be for Operation Stonegarden. Activities previously
funded under Metropolitan Medical Response System, Citizens
Corps, Regional Catastrophic Preparedness, Emergency Operations
Centers, Driver's Licenses Security Program, Buffer Zone
Protection Program, and the Interoperable Emergency
Communication Grant Programs in fiscal year 2011 are eligible
for funding under SHSGP.
Operation Stonegarden grants shall continue to be
competitively awarded and shall not be restricted to any
particular border. As in previous years, FEMA is directed to
ensure all border States shall be eligible to apply in fiscal
year 2015.
URBAN AREA SECURITY INITIATIVE
The Committee recommends $600,000,000 for the Urban Areas
Security Initiative [UASI], of which $13,000,000 shall be for
nonprofit entities determined to be at high risk by the
Secretary. Eligibility for nonprofit entities shall not be
limited to UASI communities. Activities previously funded under
Metropolitan Medical Response System, Citizens Corps, Regional
Catastrophic Preparedness, Buffer Zone Protection Program,
Emergency Operations Centers, and the Interoperable Emergency
Communication Grant Programs in fiscal year 2011 are eligible
for funding under UASI.
The Committee notes that the 9/11 Act requires FEMA to
conduct a risk assessment for the 100 most populous
metropolitan areas annually. All such areas are eligible for
UASI funding based on threat, vulnerability, and consequence.
LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM
In accordance with section 2006 of the Homeland Security
Act of 2002, the Law Enforcement Terrorism Prevention Program
[LETPP] is funded through a required set aside of 25 percent of
the funds appropriated through the SHSGP and UASI programs. The
Committee directs FEMA to provide clear guidance to States and
urban areas to ensure that the intent of LETPP is fully
realized. FEMA is directed to provide an update of the report
on expenditures for prevention activities, as required in
Senate Report 113-77, no later than 120 days after the date of
enactment of this act.
PUBLIC TRANSPORTATION SECURITY ASSISTANCE, RAILROAD SECURITY
ASSISTANCE, AND OVER-THE-ROAD BUS SECURITY ASSISTANCE
The Committee recommends $100,000,000 for Public
Transportation Security Assistance, Railroad Security
Assistance and Over-the-Road Bus Security Assistance. Of the
recommended amount, no less than $10,000,000 is for Amtrak
security needs.
PORT SECURITY GRANTS
The Committee recommends $100,000,000 for the Port Security
Grant Program.
EDUCATION, TRAINING, AND EXERCISES
The Committee recommends $233,000,000 for Education,
Training, and Exercises.
Of this amount, the Committee recommends $64,991,000 for
the Center for Domestic Preparedness [CDP] and notes a
permanent provision in the Department of Homeland Security
Appropriations Act, 2013, regarding training conducted at the
CDP. The Center for Domestic Preparedness provides specialized
all-hazards preparedness training to State, local, and tribal
emergency responders on skills tied to national priorities,
particularly those related to terrorist attacks using weapons
of mass destruction [WMD] and mass casualty events. It is the
Nation's only live-agent training facility for civilian
responders, and it offers a unique environment that enables
them to train using toxic nerve agents and live biological
agents in safety. The funding provided will allow CDP to
maximize its capacity to train the Nation's first responders
including: prepare mobile training teams, enhance training
realism by incorporating lifelike training scenarios into
courses, establish and support training partnerships with other
Government agencies and academic institutions, develop and
deliver new WMD and other mass casualty courses, and increase
responder outreach through facilitation of State emergency
preparedness training curricula. A provision is included
permitting the Administrator to use the funds provided under
paragraph (5) under this heading to acquire real property for
the purpose of establishing or appropriately extending the
security buffer zones for FEMA-owned training facilities.
Funding used for such purpose shall only come from funds
specifically appropriated to the facility for which the
property is acquired.
Within the total, the Committee includes $98,000,000 for
the National Domestic Preparedness Consortium, instead of the
$60,000,000 for Training Partnership Grants, as proposed in the
budget which combines and reduces current first responder
training. The Consortium, authorized by the 9/11 Act, has
conducted training in all 50 States and each U.S. territory.
Over 2,100,000 first responders have been trained to date. The
existing Consortium members have proven to be an effective
delivery system for this important training. Dismantling the
current program and replacing proven instructional bodies with
an undefined system of providers would diminish the quality and
consistency of training available to first responders. Funding
shall be distributed in accordance with the 9/11 Act and as in
previous years.
The Committee includes $29,521,000 for Continuing Training
Grants, instead of $60,000,000 for Training Partnership Grants,
as proposed in the budget which combines and reduces current
first responder training. The Committee supports full funding
of programs that deliver homeland security curricula in the
form of executive education programs and accredited master's
degree education. The Committee notes that hazardous materials
training is as critical as ever for response to events such as
chemical incidents and rail incidents. To prevent unnecessary
loss of life, of the total amount provided for continuing
training grants, no less than $2,000,000 shall be for hazardous
materials training for first responders. Also, FEMA shall
consider the training needs of State, tribal, and local first
responders in preparedness and response to cybersecurity
attacks and incidents. The Committee recognizes that detecting
and mitigating major cyber attacks that create man-made
disasters will require a speedy and coordinated response across
all levels of government. FEMA is urged to continue use of
existing training partners for the delivery of preparedness
training to ensure first responder readiness for cybersecurity
attacks and incidents, exercise tool development, and exercises
emphasizing cooperation between Federal response capabilities
and State and local response capabilities, including rural
communities.
The Committee notes officials from the National
Transportation Safety Board have recognized that rail cars
shipping crude oil and ethanol function like a moving pipeline
across the Nation, and the Committee expects FEMA will adjust
training needs for first responders accordingly.
The Committee includes $20,569,000 for the Emergency
Management Institute [EMI], $1,131,000 above the request and
the same amount as the fiscal year 2014 level. The Committee
notes EMI's requirement to deliver training for a wide number
of homeland security response scenarios. The Committee
understands that technical assistance partners have been used
where particular expertise is needed to meet this requirement.
The Committee therefore encourages EMI to continue these
partnerships, particularly with academic institutions that have
proven track records of providing FEMA, EMI, and other
comparable entities with technical expertise.
The Committee notes FEMA is undergoing a review of all of
its training programs to assess if the programs are best
meeting the needs of emergency managers and first responders.
FEMA is directed to brief the Committee on the results of the
review when it is completed. The briefing shall include
information regarding how effective the courses are in
addressing the needs documented in State emergency plans and
Threat and Hazard Identification and Risk Assessments.
The Committee includes $19,919,000 for the National
Exercise Program.
FIREFIGHTER ASSISTANCE GRANTS
Appropriations, 2014.................................... $680,000,000
Budget estimate, 2015\1\................................................
Committee recommendation................................ 680,000,000
\1\Budget request proposes $670,000,000 under State and Local Programs.
Firefighter assistance grants, as authorized by section 33
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229), assist local firefighting departments for the
purpose of protecting the health and safety of the public and
firefighting personnel, including volunteers and emergency
medical service personnel, against fire and fire-related
hazards.
COMMITTEE RECOMMENDATIONS
The Committee recommends $680,000,000 for firefighter
assistance grants, including $340,000,000 for firefighter
assistance grants, and $340,000,000 for firefighter staffing
grants, to remain available until September 30, 2016. This is
$10,000,000 above the amount requested under the State and
Local Programs appropriation and the same amount as provided in
fiscal year 2014.
The Committee directs the Department to continue the
present practice of funding applications according to local
priorities and those established by the United States Fire
Administration, and to continue direct funding to fire
departments and the peer review process. The Committee expects
that the rural fire department funding level will be consistent
with the previous 5-year history, and FEMA shall brief the
Committee no later than 30 days after the date of enactment of
this act if there is an anticipated fluctuation.
The Committee notes recent efforts to ensure lessons
learned through grant programs in one community support better
decision making in another. Recent examples of such efforts
include successes in volunteer recruitment and avoiding injury
or death by documenting department's ``near misses'' and
sharing the information so other departments can practice
better safety.
EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Appropriations, 2014.................................... $350,000,000
Budget estimate, 2015\1\................................................
Committee recommendation................................ 350,000,000
\1\Budget requests proposes $350,000,000 under State and Local
Programs.
Funding requested in this account provides support to the
Nation's all-hazards emergency management system and helps to
build State and local emergency management capability.
COMMITTEE RECOMMENDATIONS
The Committee recommends $350,000,000 for Emergency
Management Performance Grants [EMPG], which is the same amount
as requested under the State and Local Programs appropriation
and as provided in fiscal year 2014. The Committee directs FEMA
to retain EMPG as a separate grant program, and not to combine
its funding with any other grant allocation or application
process.
The Committee notes the purpose of EMPG is to sustain an
all-hazards emergency capability at the State and local level.
It should be noted, FEMA capabilities are only used when a
State is overwhelmed in its ability to support a disaster and
the President declares Federal assistance is needed. While
there were 65 presidentially declared disasters in fiscal year
2013, there were also thousands of disasters that did not need
Federal support but which were supported using EMPG funded
staff or assets: 205 gubernatorial emergencies; 18,673 events
that required State assistance; and 30,902 local and tribal
events, according to the National Emergency Management
Association and the U.S. Council of the International
Association of Emergency Managers. This level of activity and
the requirement for all levels of government to work together
for unexpected disasters demonstrates the criticality of
sustaining a nationwide capability. The Federal contribution
through EMPG, which is a little over $1 per citizen, is matched
by over 50 percent from State and local governments. This
system enables an efficient response and assists in reducing
costs to the Disaster Relief Fund. FEMA is directed to take
into account the unique purpose of EMPG, as defined in the
Stafford Act, when developing grant guidance.
RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM
Appropriations, 2014.................................... -$1,272,000
Budget estimate, 2015................................... -1,815,000
Committee recommendation................................ -1,815,000
The Radiological Emergency Preparedness [REP] program
assists State and local governments in the development of off-
site radiological emergency preparedness plans within the
emergency planning zones of commercial nuclear power facilities
licensed by the Nuclear Regulatory Commission [NRC]. The fund
is financed from fees assessed and collected from the NRC
licensees to recover the amounts anticipated to be obligated in
the next fiscal year for expenses related to REP program
activities.
COMMITTEE RECOMMENDATIONS
The Committee provides for the receipt and expenditure of
fees collected, as authorized by Public Law 105-276. The budget
estimates fee collections to exceed expenditures by $1,815,000
in fiscal year 2015.
Through implementation of the REP program, FEMA has
developed not only specialists in the field, but also a
capacity for a wide range of radiation responses. A successful
execution of the 2015 planned exercises is expected and a more
coordinated Federal message of response and recovery to a
radiological event shall be completed.
UNITED STATES FIRE ADMINISTRATION
Appropriations, 2014.................................... $44,000,000
Budget estimate, 2015................................... 41,407,000
Committee recommendation................................ 44,000,000
The mission of the United States Fire Administration [USFA]
is to reduce losses, both economic and human, due to fire and
other emergencies through training, research, coordination and
support. USFA also prepares the Nation's first responder and
healthcare leaders through ongoing, and when necessary,
expedited training regarding how to evaluate and minimize
community risk, improve protection to critical infrastructure,
and be better prepared to react to all hazard and terrorism
emergencies.
COMMITTEE RECOMMENDATIONS
The Committee recommends $44,000,000 for the USFA, which is
$2,593,000 above the amount requested and the same amount
provided in fiscal year 2014. The amount included above the
request will allow for the continued development of the
National Fire Incident Reporting System [NFIRS], programs that
promote fire safety and fire prevention in the wildland urban
interface, and support for the National Fallen Firefighters
Memorial.
The Committee is concerned that NFIRS has failed to reach
full usefulness due to its slow progress in development, lack
of ease of use, and inadequate data sets. USFA is directed to
brief the Committee no later than 60 days after the date of
enactment of this act on specific steps that can be taken to
address issues with NFIRS and ensure it fulfills its critical
role of providing actionable information for fire departments.
USFA shall work with stakeholders to develop the
recommendations and identify clearly who is responsible for
implementation.
USFA, in cooperation with FEMA, is directed to continue its
traditional funding for the congressionally mandated National
Fallen Firefighters Memorial and related activities, which
support the needs of survivors after the loss of a firefighter
in the line of duty. Full USFA funding, combined with a grant
from the Department of Justice and private sector support, is
critical to sustain these services.
A concept proposed in the budget request permitting State
fire academies to compete for Firefighter Assistance Grants is
denied. Instead the recommendation retains resources and
authority to fully fund the State Fire Training Grant program
within USFA, as in previous years, to ensure consistency and
continuity of the program.
DISASTER RELIEF FUND
(including transfer of funds)
Appropriations, 2014\1\................................. $6,220,908,000
Budget estimate, 2015\2\................................ 7,033,464,494
Committee recommendation\2\............................. 7,033,464,494
\1\Includes disaster relief category funding of $5,626,386,000.
\2\Includes disaster relief category funding of $6,437,792,622.
Through the Disaster Relief Fund [DRF], the Department
provides a significant portion of the total Federal response to
victims in presidentially declared major disasters and
emergencies. Major disasters are declared when a State requests
Federal assistance and proves that a given disaster is beyond
the local and State capacity to respond. Under the DRF, FEMA
will continue to operate the primary assistance programs,
including Federal assistance to individuals and households; and
public assistance, which includes the repair and reconstruction
of State, local, and nonprofit infrastructure. The post-
disaster hazard mitigation set-aside to States, as part of the
DRF, works as a companion piece to the National Predisaster
Mitigation Fund.
COMMITTEE RECOMMENDATIONS
As requested, the Committee recommends $7,033,464,494 for
the Disaster Relief Fund, of which $6,437,792,622 is provided
under the disaster relief adjustment pursuant to Public Law
112-25. The Committee is pleased the Department has requested
amounts for the Disaster Relief Fund that more accurately
reflect, based on documented claims and historic evidence, the
disaster needs that are likely to arise during this fiscal
year, including the costs of previously designated disasters.
The Committee includes bill language requiring an
expenditure plan and semiannual reports (reduced from the
previous quarterly requirement) for disaster readiness and
support costs; and a monthly report on disaster relief
expenditures. The Committee recommends bill language
transferring $24,000,000 to the Department of Homeland Security
Office of Inspector General for audits and investigations.
The Committee understands the importance of quickly
processing claims filed by disaster survivors. FEMA is directed
to provide a report to the Committee, and other relevant
committees of jurisdiction, on the impact of the length of the
claims adjustment process on the administrative costs of
disasters no later than 120 days after the date of enactment of
this act. The report shall also identify any issues associated
with the availability of claims adjustors.
In a September 2012 report entitled ``Improved Criteria
Needed to Assess a Jurisdiction's Capability to Respond and
Recover on Its Own'' (GAO-12-838), GAO found that FEMA relies
primarily on a single criterion, the per capita damage
indicator, when recommending to the President whether public
assistance funding should be provided after a disaster.
Further, GAO found that the indicator is artificially low since
it has not been fully adjusted for the rise in per capita
income or for inflation. In response to the report, FEMA
concurred with the GAO recommendation to develop and implement
a methodology that provides a more comprehensive assessment of
a jurisdiction's need for Federal assistance. However, evidence
that the criteria has been reviewed and updated is not apparent
and the Committee is concerned about the lack of transparency
regarding disaster declaration criteria. FEMA is directed to
conduct a comprehensive review of its methodology to determine
if Federal assistance is warranted and brief the Committee, and
the authorizing committees of jurisdiction, on its findings no
later than 120 days after the date of enactment of this act.
The review shall include an evaluation of how to assess a
community's preparedness level and fiscal capacity (including
alternatives for how to assess such capacity) as well as an
examination of how to account for severity of the disaster, per
the GAO findings. Further, FEMA is directed to initiate
rulemaking to update disaster declaration criteria, including
adjustments for inflation while also considering the need for
affected communities to adjust to the change. The Committee
expects rulemaking will be completed in a timely fashion and
shall report to Congress if rulemaking cannot be completed by
January 1, 2016.
Further, given the rise in the frequency and severity of
all hazards, the Committee is adamant that States, as well as
tribal and local governments, must plan ahead for unexpected
costs. Not only will these governments need to have funds to
respond to the increasing number of disasters and incidents
that do not meet the criteria for Federal assistance, but they
also must meet cost share requirements for Presidentially
declared disasters. FEMA is directed to make recommendations
regarding steps State, local, and tribal governments can take
to better prepare for disasters financially. The
recommendations shall include methodologies for calculating the
amount that should be set aside and best practices related to
how governments can accomplish establishing disaster relief
funds.
The Committee notes the continuing process for FEMA and the
OIG to identify preventative measures to eliminate waste,
fraud, and abuse; and expects specific solutions and measurable
results within fiscal year 2015.
The Committee notes safe room construction is an eligible
expense under HMGP and under PDM and early warning systems are
an eligible expense under HMGP. FEMA is expected to give
serious consideration to eligible applications.
FLOOD HAZARD MAPPING AND RISK ANALYSIS
Appropriations, 2014.................................... $95,202,000
Budget estimate, 2015................................... 84,403,000
Committee recommendation................................ 100,000,000
This appropriation supports the functions necessary to
develop, and keep current, flood risk information and flood
maps. The flood maps are used to determine appropriate risk-
based premium rates for the National Flood Insurance Program,
to complete flood hazard determinations required of the
Nation's lending institutions, and to develop appropriate
disaster response plans for Federal, State, and local emergency
management personnel.
COMMITTEE RECOMMENDATIONS
The Committee recommends $100,000,000 for Flood Hazard
Mapping and Risk Analysis, $15,597,000 above the amount
requested and $4,798,000 above the amount provided in fiscal
year 2014. In total, the bill provides $221,271,000 for flood
mapping when combined with $121,271,000 in fee funded mapping
activity and the amounts provided under this heading that
reject the administration's proposed reduction.
According to the Association of State Floodplain Managers,
in order to maintain proper maps, including refreshing data in
dynamic areas every 5 years, $275,000,000 is needed annually.
While flood maps do not prevent floods, they are an essential
tool in educating communities about flood risk and minimizing
the loss of life and property at the local level. Yet, the
Committee notes that many flood risk maps have not yet been
updated with new engineering and hydrologic data and some lower
risk areas have never been mapped. FEMA is directed to brief
the Committee on the strategic plan to maintain the Nation's
flood maps no later than 90 days after the date of enactment of
this act. The briefing shall include information regarding the
scientific process and timeline for updating flood maps, annual
costs (including an analysis of the Association of State
Floodplain Managers estimate), and estimated savings in costs
and in loss of life that can be gained through better mapping.
In order to better understand the progress in producing
accurate, up-to-date flood maps, the Committee directs FEMA to
report within 90 days of the date of enactment of this act on
the status of valid map data as reflected in the Coordinated
Needs Management Strategy [CNMS] data base. FEMA should include
in this report information on metrics used to define progress
in updating engineering data as recorded in the CNMS data base.
The Committee understands that FEMA aims to have the
Technical Mapping Advisory Committee [TMAC] commenced this
summer as soon as members have completed the vetting process.
FEMA is directed to provide a report to the Committee no later
than 120 days after the commencement of the TMAC outlining the
scope of its activities, timeframe for implementation of such
activities, and any costs associated.
FEMA is directed to expedite accreditation of re-certified
Army Corps of Engineers flood control projects as much as
practicable.
NATIONAL FLOOD INSURANCE FUND
Appropriations, 2014\1\................................. $176,300,000
Budget estimate, 2015\1\................................ 179,294,000
Committee recommendation\1\............................. 179,294,000
\1\Fully offset by fee collection.
The National Flood Insurance Fund is a fee-generated fund
which provides funding for the National Flood Insurance
Program. This program enables property owners to purchase flood
insurance otherwise unavailable in the commercial market. The
National Flood Insurance Act of 1968 authorizes the Federal
Government to provide flood insurance on a national basis. This
insurance is available to communities which enact and enforce
appropriate floodplain management measures and covers virtually
all types of buildings and their contents.
COMMITTEE RECOMMENDATIONS
The Committee recommends $179,294,000, as proposed in the
budget, for National Flood Insurance Fund [NFIP] activities
related to floodplain management, flood mapping and mitigation,
and flood insurance operations. A provision is included
providing $5,000,000 to establish the Flood Insurance Advocate.
The Committee notes that the Community Assistance Program
provides resources to States to assist and monitor NFIP
participating communities which is essential to effective
implementation of the NFIP. This program provides funding to
States who then provide technical assistance to communities in
the NFIP and evaluate community performance in implementing
NFIP floodplain management activities. Unlike competitive grant
programs for projects, its purpose is to build capacity through
providing knowledge and expertise and ensure compliance with a
Federal program.
The Committee is pleased that the Cooperating Technical
Partners effort within the mapping budget contributes to
supporting the mapping activities and fosters local confidence
in map products. Community buy-in on flood maps often leads to
local public and private risk reduction actions. This
cooperative fiscal approach benefits all levels of government.
NATIONAL PREDISASTER MITIGATION FUND
Appropriations, 2014.................................... $25,000,000
Budget estimate, 2015...................................................
Committee recommendation................................ 25,000,000
The National Predisaster Mitigation [PDM] Fund provides
grants to States, communities, territories, and Indian tribal
governments for hazard mitigation planning and implementing
mitigation projects prior to a disaster event. PDM grants are
awarded on a competitive basis. This program operates
independent, but in concert with, the Hazard Mitigation Grant
Program, funded through the Disaster Relief Fund, which
provides grants to a State in which a disaster has been
declared.
COMMITTEE RECOMMENDATIONS
The Committee recommends $25,000,000 for PDM, $25,000,000
above the amount requested and the same amount as provided in
fiscal year 2014. The Committee continues to support
predisaster mitigation, and recognizes the importance of
coordinating predisaster mitigation projects with projects
being completed through the post-disaster Hazard Mitigation
Grant Program. The Committee is concerned that eliminating
funding for PDM, as the Administration requested, will leave
some States with no mitigation planning or project funding. The
Committee finds it ironic that the Administration proposed to
eliminate $25,000,000 in PDM funding in the DHS budget request
and yet proposed $400,000,000 in the Opportunity, Growth, and
Security Initiative which is proposed to be funded through
means outside of the Committee's jurisdiction. Either
mitigation is a valued investment, or it is not. The Committee
expects that future requests for DHS will recognize that for
every $1 invested in mitigation, $4 are saved.
FEMA is urged to give serious consideration to eligible
mitigation projects especially related to drought, flooding,
wildfires, and earthquakes.
The Committee encourages FEMA to continue supporting State-
based approaches to damage prevention including cost-effective
measures of securing homes to their foundations through all
mitigation programs.
EMERGENCY FOOD AND SHELTER
Appropriations, 2014.................................... $120,000,000
Budget estimate, 2015................................... 100,000,000
Committee recommendation................................ 100,000,000
This appropriation funds grants to nonprofit and faith-
based organizations at the local level to supplement their
programs for emergency food and shelter to provide for the
immediate needs of the homeless.
COMMITTEE RECOMMENDATIONS
The Committee recommends $100,000,000 for Emergency Food
and Shelter, which is the same amount as requested and
$20,000,000 below the amount provided in fiscal year 2014. The
Committee recognizes the Emergency Food and Shelter Program is
one program, in conjunction with other Federal programs, that
serves those in immediate need of food and shelter assistance.
A provision is included permitting the transfer of this
program to the Department of Housing and Urban Development.
According to the administration, the transfer would facilitate
coordination among all programs that support the needs of those
at risk of homelessness which will maximize the benefit of each
program. While the Committee includes the permissive transfer
language, it also notes that this program is not duplicative of
other HUD programs and therefore it shall retain its original
purpose and shall not be combined with other HUD programs.
TITLE IV
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations, 2014.................................... $113,889,000
Budget estimate, 2015................................... 134,755,000
Committee recommendation................................ 124,435,000
United States Citizenship and Immigration Services [USCIS]
funds expenses necessary for the administration of laws and the
provision of services related to people seeking to enter,
reside, work, and naturalize in the United States. In addition
to directly appropriated resources, fee collections are
available for the operations of USCIS.
Immigration Examinations Fees.--USCIS collects fees from
persons applying for immigration benefits to support the
adjudication of applications, as authorized by the Immigration
and Nationality Act (8 U.S.C. 1356).
H1-B and L Fraud Prevention and Detection Fees.--USCIS
collects fees from petitioners seeking a beneficiary's initial
grant of H1-B or L nonimmigrant classification or those
petitioners seeking to change a beneficiary's employer within
those classifications (Public Law 108-447).
H1-B Nonimmigrant Petitioner Fees.--USCIS collects fees
from petitioners using the H1-B program (Public Law 108-447).
COMMITTEE RECOMMENDATIONS
The Committee recommends total resources of $3,381,810,000
including direct appropriations of $124,435,000 and estimated
fee collections of $3,257,375,000. This is $121,925,000 above
the amount requested reflecting revised fee collections and
$165,168,000 above the amount provided in fiscal year 2014.
The following table, which includes appropriations and
estimated fee collections, summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES--PROGRAM SUMMARY
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Appropriations:
E-Verify.............................................. 113,889 124,755 124,435
Immigrant integration programs........................ ................ 10,000 ................
-----------------------------------------------------
Total, Appropriations............................... 113,889 134,775 124,435
Fee collections:
Adjudication services (fee account):
District operations............................... 1,544,380 1,539,859 1,594,400
Service Center operations......................... 578,393 542,449 614,851
Asylum, Refugee and international operations...... 236,710 238,755 232,374
Records operations................................ 94,039 93,209 110,035
Business transformation........................... 183,464 184,923 194,923
-----------------------------------------------------
Subtotal, Adjudication services................. 2,636,986 2,599,195 2,746,583
Information and customer services (fee account): 96,409 98,868 109,416
Information and customer services........................
Administration (fee account): Operation expenses.......... 339,421 342,308 376,553
SAVE (fee account)........................................ 29,937 30,259 24,823
H1-B Visa Fee Account:
Adjudication Services:
Service Center operations..................... ................ 13,500 ................
H1-B and L Fraud Prevention Fee Account:
Adjudication Services:
District Operations........................... ................ 26,044 ................
Asylum and Refugee Operating Expenses......... ................ 310 ................
Service Center operations..................... ................ 14,646 ................
=====================================================
Total, fee collections...................... 3,102,753 3,125,130 3,257,375
----------------------------------------------------------------------------------------------------------------
E-VERIFY
The Committee recommends $124,435,000 for the E-Verify
program. This is $320,000 below the amount requested and
$10,546,000 above the amount provided in fiscal year 2014. The
Committee is supportive of the Department's efforts to improve
E-Verify's ability to automatically verify those who are work
authorized, detect identity fraud, and detect system misuse and
discrimination. E-Verify is both a tool for employers committed
to maintaining a legal workforce and a deterrent to illegal
immigration. The Committee notes progress continues to be made
on reducing the mismatch rate.
The growth in E-Verify use by employers has significantly
increased from fewer than 25,000 employers in fiscal year 2007
to more than 526,600 as of April 2014, with an average of more
than 1,600 new employers enrolling per week. E-Verify processed
25 million cases in fiscal year 2013, a more than six-fold
increase from the 4 million cases processed in fiscal year
2007. So far in fiscal year 2014, E-Verify processed more than
15 million cases.
USCIS shall update the Committee on its efforts to create a
mobile application and other available smart-phone technologies
for employers using E-Verify so as to encourage small employers
to use the system.
IMMIGRANT INTEGRATION GRANTS
The Committee recommends $10,000,000 be made available via
fees for Immigrant Integration Grants. The grants shall be
available to assist individuals who are legally authorized to
be present in the United States. The Committee believes it is
important to assist individuals following the law and working
to become citizens.
In that vein, the Committee believes it is in our country's
best interest to encourage and assist individuals who are
eligible and eager to become citizens to apply for citizenship
and to understand the rights and responsibilities of American
citizenship. As USCIS undertakes the review of its fee
structure, the Committee urges the agency to recognize the
important benefit that naturalization confers on our nation,
and maintain naturalization fees at an appropriate level.
E-B5 VISA PROGRAM
In fiscal year 2014, USCIS was directed to provide a report
to the Committee on the E-B5 visa program within 90 days of the
date of enactment of Public Law 113-76, and every 180 days
thereafter. This report was to include the number of
applications pending, the period of time each application has
been under review, benchmark review periods for the economic
evaluation of projects and suitability of petitioners, a
description of any additional resources necessary to
efficiently administer the program, and the number of
applications that are approved or denied each period with an
accompanying explanation of their disposition. This first
report is overdue. The Committee expects prompt receipt of this
report and for USCIS to meet the twice yearly reporting
requirement in the future.
FIELD OFFICE FACILITY MODELS
The Committee appreciates the report provided to Congress
on the Field Office Facility Model and encourages the
Department to proceed with planning and dedication of resources
towards the co-location of Service Centers into their original
locations.
GAO ASYLUM REPORTS
In 2008, the GAO issued two reports related to the asylum
process: ``Agencies Have Taken Actions to Help Ensure Quality
in the Asylum Adjudication Process but Challenges Remain''
(GAO-08-935) and ``The U.S. Asylum System: Significant
Variation Existed in Asylum Outcomes across Immigration Courts
and Judges'' (GAO-08-940). The Committee directs GAO to update
these reports to reflect the implementation status of their
original recommendations, to include any new recommendations
for improving the asylum process, and to incorporate relevant
information from any investigative findings or after actions
reports concerning the Boston Marathon bombing. The GAO will
brief the Committee on its initial findings within 180 days.
TEMPORARY PROTECTED STATUS FOR THE PHILIPPINES
In the wake of Typhoon Haiyan which struck the Philippines
on November 8, 2013, 20 Senators sent a letter to DHS asking
the Secretary to consider granting Temporary Protected Status
[TPS] to eligible Filipinos. On December 13, 2013, the
Philippine Embassy in Washington, DC, formally requested a TPS
designation. On June 17, 2014, 7 months after the initial
request from interested Senators, the Deputy Secretary sent a
letter to inquiring Senators stating that the Department
continues to assess whether the Philippines meets the statutory
requirements for TPS designation. While DHS has taken other
steps to assist Filipinos affected by the disaster, officials
have failed to explain the lengthy delay in determining whether
to extend TPS. The Committee directs DHS to brief the Committee
no later than August 1, 2014, on its assessment of the request
for TPS designation and whether its delay in designating the
Philippines for TPS has adversely affected Filipino nationals
in the United States who may have been affected by the typhoon.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
Appropriations, 2014.................................... $227,845,000
Budget estimate, 2015................................... 231,754,000
Committee recommendation................................ 230,797,000
The Federal Law Enforcement Training Center [FLETC]
Salaries and Expenses appropriation provides funds for basic
and some advanced training to Federal law enforcement personnel
from more than 90 agencies. This account also allows for
research of new training methodologies; provides for training
delivered to certain State, local, and foreign law enforcement
personnel on a space-available basis; and accreditation of
Federal law enforcement training programs.
COMMITTEE RECOMMENDATIONS
The Committee recommends $230,797,000 for Salaries and
Expenses, $957,000 below the amount requested and $2,952,000
above the amount provided in fiscal year 2014. Within the funds
provided is $1,289,000 for the Federal Law Enforcement Training
Accreditation Board. The amount includes a one-time increase of
$16,214,000 to train the remaining 1,200 new CBP officers added
in 2014. The Committee expects the Director to maintain
training at or near capacity before entering into new leases
with private contractors or establishing new partnerships with
training organizations.
ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED EXPENSES
Appropriations, 2014.................................... $30,885,000
Budget estimate, 2015................................... 27,841,000
Committee recommendation................................ 27,841,000
This account provides for the acquisition and related costs
for expansion and maintenance of facilities of the Federal Law
Enforcement Training Center. This includes construction and
maintenance of facilities and environmental compliance. The
environmental compliance funds ensure compliance with
Environmental Protection Agency and State environmental laws
and regulations.
COMMITTEE RECOMMENDATIONS
The Committee recommends $27,841,000 for Acquisition,
Construction, Improvements, and Related Expenses, the same
level as requested, and $3,044,000 below the amount provided in
fiscal year 2014.
Science and Technology
SUMMARY
The mission of Science and Technology [S&T] is to conduct,
stimulate, and enable homeland security research, development,
and testing, and to facilitate the timely transition of
capabilities to Federal, State, local, and tribal end-users.
MANAGEMENT AND ADMINISTRATION
Appropriations, 2014.................................... $129,000,000
Budget estimate, 2015................................... 130,147,000
Committee recommendation................................ 129,555,000
The Management and Administration account funds salaries
and expenses related to the Office of the Under Secretary for
Science and Technology, and headquarters.
COMMITTEE RECOMMENDATIONS
The Committee recommends $129,555,000 for Management and
Administration of programs and activities carried out by S&T.
This is $592,000 below the amount requested and $555,000 above
the amount provided in fiscal year 2014. Of this amount, the
Committee recommends not to exceed $7,650 for official
reception and representation expenses.
RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS
Appropriations, 2014.................................... $1,091,212,000
Budget estimate, 2015................................... 941,671,000
Committee recommendation................................ 941,935,000
Science and Technology supports the mission of DHS through
basic and applied research, fabrication of prototypes, and
research and development to mitigate the effects of weapons of
mass destruction, as well as acquiring and field testing
equipment.
COMMITTEE RECOMMENDATIONS
The Committee recommends $941,935,000 for Research,
Development, Acquisition, and Operations of S&T. This is
$264,000 above the amount requested and $149,277,000 below the
amount provided in fiscal year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
SCIENCE AND TECHNOLOGY--RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS[
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Research, Development, and Innovation..................... 462,000 433,788 425,552
Laboratory Facilities (operations and construction)....... 547,785 435,180 435,180
Acquisition and Operations Support........................ 41,703 41,703 41,703
University Programs....................................... 39,724 31,000 39,500
-----------------------------------------------------
Total, Research, Development, Acquisition and 1,091,212 941,671 941,935
Operations.........................................
----------------------------------------------------------------------------------------------------------------
DISCONTINUED REPORTING REQUIREMENT
S&T is no longer required to submit a report on amounts de-
obligated from projects during the prior fiscal year and to
what projects these funds were subsequently obligated.
RESEARCH AND DEVELOPMENT FLEXIBILITY
The threats facing Homeland Security are constantly
evolving. The new Secretary and new Under Secretary for Science
and Technology must have flexibility to shift resources, if
necessary, between research activities. In some instances,
research activity may straddle several different missions and
thrust areas such as in the successful APEX programs. In
today's constrained fiscal environment, S&T and the Department
must prioritize the research budget to focus on areas with the
greatest promise for delivering material improvements in
capability and/or efficiency and making tangible contributions
to homeland security missions. Therefore, in order to provide
additional flexibility to facilitate this effort, the Committee
does not break out the RD&I budget in thrust areas that would
become unnecessarily restrictive PPAs.
However, it remains important for accountability and
visibility into the S&T research program that a more detailed
tracking of research activity be available. Therefore, S&T is
directed to brief the Committee 30 days after the date of
enactment of this act on the allocation of funds by project and
thrust area. Quarterly status briefings are to be provided on
the plan, including any changes from the original allocation.
In conjunction with the President's fiscal year 2016 budget
request, S&T is to report on results of its research and
development for the prior fiscal year to include all
technologies, technology improvements, or capabilities
delivered to front line users.
APEX R&D
The recommendation continues to fund S&T's Apex Research
and Development program, which is focused on high-priority and
high-value projects needed in a short turn-around for DHS
components. Unlike other S&T research initiatives, Apex
projects are collaborative efforts between DHS component heads
and the Under Secretary for S&T. The Committee is supportive of
the Apex concept, especially since it is focused on expediting
technology solutions to the field. The Committee encourages S&T
to invest a greater percentage of its resources in this effort
so that more of the R&D portfolio is funded to achieve high
impact success in priority areas. The APEX program should:
maintain the multi-disciplinary team approach that focuses on
complex operational issues of strategic importance to
leadership; increase emphasis on cross-cutting, multi-Component
efforts that advance the state-of-the-art for the Department;
and focus on final product delivery in less than 5 years with
scheduled interim deliverables. S&T is directed to brief the
Committee no later than 30 days after the date of enactment of
this act on: the funding allocation by project; and progress
made to field improved technologies in an APEX environment.
COMPONENT LIAISONS
S&T is encouraged to increase opportunities for its staff
to gain first-hand understanding of DHS operations through the
establishment of a liaison program that embeds technical
subject matter experts in the field with the operational
elements of Components. S&T should also explore the utility of
having detailees from the field-elements of the Components come
into S&T to enrich the requirements generation process. Within
60 days after the date of enactment of this act, S&T shall
submit a plan to this Committee that outlines how the liaison
program will be structured.
HOMELAND SECURITY INDUSTRIAL BASE
S&T's mission is to develop innovative technologies and
capabilities to improve the Department's mission effectiveness.
The private sector, particularly small business, is the life
blood of innovation. S&T must have a method and process to
inform the private sector on S&T's R&D plans and encourage the
private sector to provide solutions. This can only be done if
industry has a clear path for input to S&T. This could include
proven methods such as technology demonstration days, industry
days, an easy to use web-based tool, and technology roadmaps.
S&T is directed to brief the Committee no later than 90 days
after the date of enactment of this act on the plan to improve
input from the private sector and help build the homeland
security industrial base.
INNOVATIVE FUNDING PARTNERSHIPS
The mission of S&T is to develop and deploy technologies
and capabilities to secure the U.S. homeland. It is imperative
that S&T use all means available to find innovative, high
payoff, revolutionary, unique ideas for technology solutions
and to reach all types of performers. S&T retains authority for
other transactional authority [OTA] for innovative or unusual
procurement and is encouraged to expand the use of OTA to gain
access to unique technology providers that are not available
through traditional avenues. The Committee is pleased prize
authority has been delegated to S&T. Competitions have proven
to generate unique solutions for other agencies. It is
essential that S&T realize the potential for acquiring novel
technologies through this mechanism. DHS should fully support
the use of innovative ways to bring new technology into the
Department as a means to improve capability and efficiency. S&T
is encouraged to hold at least one competition using its prize
authority delegation during fiscal year 2015.
SITUATIONAL AWARENESS OF ILLEGAL BORDER ACTIVITY
Situational awareness of illegal activity between ports of
entry along the Southwest border is required to accurately
determine the effectiveness of border security operations and
enable operational control. Today, illegal activity continues
along the Southwest border to an unknown extent. Technology is
a critical force multiplier and enabler in determining the most
effective and cost efficient means of gaining necessary
situational awareness. S&T shall consult with CBP, ICE, and the
United States Coast Guard [USCG] to fully develop a strategy
and plan for situational awareness of illegal border activity
between ports of entry along the Southwest border. The
Committee recommends a review be jointly conducted by CBP, ICE,
USCG, and S&T on current situational awareness gaps, what
technical capabilities are being planned for acquisition by
CBP, ICE, and USCG, and future technologies and resources that
will be needed for achieving situational awareness to enable
operational control. CBP, ICE, USCG, and S&T are directed to
submit to the Committee within 180 days after the date of
enactment of this act, the results of the technical review and
a draft plan for improved situational awareness to enable
operational control of the Southwest Border between Ports of
Entry.
SCREENING INNOVATION
The Committee is aware of the initiative undertaken by S&T
to expedite the development of new flat panel screening
technologies. This effort holds significant promise for
multiple applications in screening environments offering
substantial cost and operational efficiencies coupled with
enhanced detection capabilities. Current projections from the
Department indicate the technology will be available for pilot
testing in fiscal year 2015 and is expected to be a meaningful
option for current acquisition plans. The Committee encourages
the Department and S&T to continue to manage this initiative in
a manner that expedites the realization of near-term detection
improvements and efficiencies.
CYBERSECURITY
The Committee believes that sophisticated cyber attacks,
such as those launched against major retailers, energy cyber-
physical systems, and other critical infrastructures both in
the United States and around the world have devastating
consequences. Critical infrastructures depend on the digital
transmission of data for ongoing operation, and disrupting the
confidentiality, integrity, or availability of market
transactions or other information can have catastrophic and
cascading economic effects. Such a disruption of, or intrusion
into United States critical infrastructure could result in a
renewed global economic downturn. The Committee encourages S&T
to expand the simulation based cyber war gaming tool for the
financial sector into additional critical infrastructure
sectors.
The Committee recognizes the cyber threats to the Nation's
electric grid and the other control systems vital to our
security and economy. In order to address this challenge, the
Committee encourages S&T, in collaboration with NPPD, to
establish operational cybersecurity research initiatives. These
initiatives should involve collaboration among academic
institutions, existing Federal research and development
organizations, and the private sector. Therefore, the Committee
encourages S&T to pursue competitive awards for these
initiatives.
The Committee understands that strategic investments in
cybersecurity research and development through information
assurance programs are necessary to develop the next generation
of cybersecurity experts and strengthen information protection
for mobile devices. A DHS Capacity Building Program is a vital
component in preparing the workforce to combat cybercrimes,
protect the Nation's critical infrastructure, and ensure the
integrity of information contained on mobile devices. The
Committee recommends that DHS provide funding for capacity
building to Centers of Excellence that deliver, and additional
funding to students that take information assurance and
cybersecurity for critical infrastructure protection
undergraduate education tracks focused on mobile devices, cyber
engineering, and data management.
The Committee is also aware that collaboration with cyber
accelerators has the potential to help transition innovative
cybersecurity technologies into commercial use. S&T may
consider the use of cyber accelerators as is practicable.
TESTING OF UNMANNED AIRCRAFT SYSTEMS
The Committee notes that the Federal Aviation
Administration recently designated six national test sites to
conduct research aimed at integrating unmanned aircraft systems
[UAS] into the national airspace system [NAS]. The Committee
encourages the Department to use the FAA's six test sites to
meet its goal of enabling and enhancing small UAS access to the
NAS and to ensure that new technologies developed through the
Department's air based technology research meet the operational
and safety standards the FAA will develop at the test sites.
SUPPLY CHAIN SECURITY
The Committee recognizes the importance of enhancing cargo
supply chain security through emerging technologies. Such
efforts are critical to securing the global maritime supply
chain. The Committee, therefore, encourages S&T to continue
examination of next-generation cargo container technology. S&T
is also encouraged to work with the Department of Defense in
this area, including through the use of its Defense Production
Act authorities.
INTERNATIONAL COLLABORATION ON RESEARCH AND DEVELOPMENT
The Committee supports S&T's efforts to work cooperatively
with international governments on a variety of R&D activities
in the homeland security mission space. For example, the
Committee is aware of the agreement with the State of Israel
and encourages S&T to consider additional collaboration on
aviation security, explosive detection, border security,
emergency responder and emergency services projects that would
benefit both nations.
TEST AND EVALUATION [T&E]
Within the amount provided for the Acquisition and
Operations Support PPA, sufficient funding shall be allotted
for S&T to establish policies and procedures for and to
coordinate and monitor the T&E activities across the DHS
acquisition framework. Testing and evaluation of new
technologies prior to their acquisition and deployment will, in
the long-run, save money through the prevention of wasteful
spending.
S&T is directed to continue to provide quarterly briefings
to the Committee on the test and evaluation status of all level
1 acquisitions.
The Secretary, working through the Under Secretary for
Science and Technology should establish policies and procedures
to coordinate and monitor the T&E activities across the DHS
acquisition framework including Developmental Test and
Evaluation [DT&E]. The Committee remains concerned that
acquisition programs continue to falter across the Department
and that S&T is not as engaged as it should be across the
spectrum of T&E activities. It is the Committee's expectation
that S&T be involved in all aspects of T&E including setting
policy and guidance for and overseeing DT&E, approving the DT&E
plan supporting the decision to begin initial productions, and
the integration of DT&E with operational T&E.
The Committee is supportive of the Department's efforts to
strengthen the capabilities and requirements process to ensure
that strategic guidance related to Departmental investments is
turned into results. S&T, along with the Office of Policy and
the Office of the Chief Financial Officer are to keep the
Committee apprised of these efforts.
LABORATORY FACILITIES
The Committee recommendation includes $435,180,000 for
Laboratory Facilities, the same level as requested. A total of
$300,000,000 is provided for the National Bio-Agro Defense
Facility [NBAF] as requested for construction of the facility
and to fully leverage the funding contributions by the State of
Kansas. NBAF will support the complimentary missions of DHS and
the United States Department of Agriculture and serve as the
Nation's primary research facility to counter foreign animal
diseases. The Committee directs S&T to submit a detailed update
of its NBAF construction plan and schedule, to include an
updated plan for the expenditure of funds, not later than 30
days after the date of enactment of this act.
A total of $15,000,000 is provided for infrastructure
upgrades to the Plum Island Animal Disease Center [PIADC].
While NBAF will replace PIADC, it will not become operational
for several years. As a result, it is imperative to make
critical upgrades at PIADC in order for scientists to continue
research on contagious animal diseases that have the potential
to impact America's food and livestock industries.
UNIVERSITY PROGRAMS
The Committee recommendation includes $39,500,000 for
University Programs, $8,500,000 above the amount requested and
$224,000 below fiscal year 2014. The Office of University
Programs supports critical homeland security-related research
and education at U.S. colleges and universities to address
high-priority DHS-related issues and to enhance homeland
security capabilities over the long term. The increase above
the request is for the University Centers of Excellence
program, including support for existing centers and the new
center funded in fiscal year 2014 and expected to be awarded in
fiscal year 2015.
Domestic Nuclear Detection Office
SUMMARY
The Domestic Nuclear Detection Office [DNDO] is responsible
for development of technologies to detect and report attempts
to import, possess, store, develop, or transport nuclear and
radiological material.
COMMITTEE RECOMMENDATIONS
The Committee recommends $306,342,000 for activities of
DNDO for fiscal year 2015. This is $1,919,000 above the amount
requested and $21,087,000 above the amount provided in fiscal
year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
DOMESTIC NUCLEAR DETECTION OFFICE
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Management and Administration............................. 37,353 37,494 37,339
Research, Development, and Operations..................... 205,302 199,068 196,400
Systems Acquisition....................................... 42,600 67,861 72,603
-----------------------------------------------------
Total, Domestic Nuclear Detection Office............ 285,255 304,423 306,342
----------------------------------------------------------------------------------------------------------------
MANAGEMENT AND ADMINISTRATION
Appropriations, 2014.................................... $37,353,000
Budget estimate, 2015................................... 37,494,000
Committee recommendation................................ 37,339,000
The Management and Administration account funds salaries,
benefits, and expenses for DNDO.
COMMITTEE RECOMMENDATIONS
The Committee recommends $37,339,000 for Management and
Administration of programs and activities carried out by DNDO.
This is $155,000 below the amount requested and $14,000 below
the amount provided in fiscal year 2014. Of this amount, the
Committee recommends not to exceed $2,250 for official
reception and representation expenses.
STRATEGIC PLAN OF INVESTMENTS
In lieu of providing a report updating the Department's
strategic plan of investments, the Director shall brief the
Committee annually on DNDO's efforts to implement the
Department's responsibilities under the domestic component of
the Global Nuclear Detection Architecture. The briefing shall
identify:
--the various elements of the domestic architecture and the
roles and responsibilities of each Departmental entity;
--investments being made in fiscal year 2015 and planned for
2016 to secure pathways (sea, land, and air) into the
United States;
--investments necessary to close known vulnerabilities and
gaps, including associated costs and timeframes, and
estimates of feasibility and cost effectiveness; and
--how R&D funding is furthering the implementation of the
domestic architecture.
The briefing shall also include a discussion on DNDO's
ability to surge capabilities in concert with Federal, State,
and local level assets to respond to suspected radiological
threats.
RESEARCH, DEVELOPMENT, AND OPERATIONS
Appropriations, 2014.................................... $205,302,000
Budget estimate, 2015................................... 199,068,000
Committee recommendation................................ 196,400,000
The Research, Development and Operations account funds the
development of nuclear detection systems and the integration
and advancement of national nuclear forensics capabilities.
COMMITTEE RECOMMENDATIONS
The Committee recommends $196,400,000 for Research,
Development and Operations. This is $2,668,000 less than the
amount requested and $8,902,000 below the amount provided in
fiscal year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
RESEARCH, DEVELOPMENT, AND OPERATIONS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Systems Engineering and Architecture...................... 21,000 17,924 17,000
Systems Development....................................... 21,000 22,000 21,400
Transformational Research and Development................. 71,102 69,500 69,000
Assessments............................................... 39,300 38,079 38,000
Operations Support........................................ 30,200 31,565 31,000
National Technical Nuclear Forensics Center............... 22,700 20,000 20,000
-----------------------------------------------------
Total, Research, Development, and Operations........ 205,302 199,068 196,400
----------------------------------------------------------------------------------------------------------------
SEMIANNUAL BRIEFINGS
DNDO shall continue semiannual program update briefings and
provide periodic updates on any new threats, research, studies
and assessments related to the Global Nuclear Detection
Architecture. Semiannual program briefings shall also cover
emergent technology solutions being explored by DNDO. One of
these semiannual briefings may be combined with the more
comprehensive annual brief on the strategic plan of
investments.
RADIATION PORTAL MONITORS IMPROVEMENTS
Radiation Portal Monitors [RPMs] that were deployed in the
field over the past decade will start reaching the end of their
useful life in the coming years, and DNDO anticipates an
increase in obsolescence. In addition to exploring system
renewal and service life extension options, the Committee
encourages DNDO, in conjunction with CBP, to test new radiation
detection technologies that would address the need to replace
RPMs nearing the end of their service life, and significantly
improve screening efficiency at our Nation's ports. DNDO is to
brief the Committee on its acquisition strategy for replacing
or extending the service life of RPMs no later than 120 days
after the date of enactment of this act. This briefing shall
include relevant service life extension program activities such
as software upgrades, hardware replacement, and obsolescence
solutions, as well as any CONOPS changes.
TEST AND EVALUATION
Within the funding provided, the Department is expected to
continue a testing program to validate the potential benefits
of commercial systems that can detect shielded nuclear material
and have the potential to reduce the overall cost and time it
takes to scan incoming cargo for hazardous materials. Such
systems may be beneficial in addressing the 100 percent cargo
scanning requirement.
SYSTEMS ACQUISITION
Appropriations, 2014.................................... $42,600,000
Budget estimate, 2015................................... 67,861,000
Committee recommendation................................ 72,603,000
The Systems Acquisition account funds the acquisition of
equipment for front line users across the Department.
COMMITTEE RECOMMENDATIONS
The Committee recommends $72,603,000 for Systems
Acquisition. This is $4,742,000 above the amount requested and
$30,003,000 above the amount provided in fiscal year 2014.
The following table summarizes the Committee's
recommendations as compared to the fiscal year 2014 and budget
request levels:
SYSTEMS ACQUISITION
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2014 Fiscal year 2015 Committee
enacted budget request recommendations
----------------------------------------------------------------------------------------------------------------
Radiation Portal Monitor Program.......................... 7,000 5,000 5,000
Securing the Cities....................................... 22,000 12,000 19,000
Human Portable Radiation Detection Systems................ 13,600 50,861 48,603
-----------------------------------------------------
Total, Systems Acquisition.......................... 42,600 67,861 72,603
----------------------------------------------------------------------------------------------------------------
RADIATION PORTAL MONITORS
The Committee recommendation includes $5,000,000 for the
Radiation Portal Monitor program, as requested. Funds are
provided to acquire and deploy radiation portal monitors to
ports of entry as prioritized by CBP and DNDO.
SECURING THE CITIES
The Committee recommendation includes $19,000,000 for
Securing the Cities, $7,000,000 above the amount requested.
HUMAN PORTABLE RADIATION DETECTION SYSTEMS
The Committee recommendation includes $48,603,000 for the
Human Portable Radiation Detection Systems program to support
the purchase of basic handhelds, backpacks, and personal
radiation detectors for CBP, TSA, and the Coast Guard. DNDO is
to provide the Committee with a multiyear procurement forecast
and deployment schedule for these funds with the budget
submission.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS OF FUNDS)
Section 501. The bill includes a provision that no part of
any appropriation shall remain available for obligation beyond
the current fiscal year unless expressly provided.
Section 502. The bill includes a provision that unexpended
balances of prior appropriations may be merged with new
appropriations accounts and used for the same purpose, subject
to reprogramming guidelines.
Section 503. The bill includes a provision that provides
authority to reprogram appropriations within an account and to
transfer up to 5 percent between appropriations accounts with
15-day advance notification of the Committees on
Appropriations. A detailed funding table identifying each
congressional control level for reprogramming purposes is
included at the end of this statement. These reprogramming
guidelines shall be complied with by all departmental
components funded by this act.
The Committee expects the Department to submit
reprogramming requests on a timely basis, and to provide
complete explanations of the reallocations proposed, including
detailed justifications of the increases and offsets, and any
specific impact the proposed changes will have on the budget
request for the following fiscal year and future-year
appropriations requirements. Each request submitted to the
Committees should include a detailed table showing the proposed
revisions at the account, program, project, and activity level
to the funding and staffing (full-time equivalent) levels for
the current fiscal year and to the levels required for the
following fiscal year. The Committee has been disappointed by
the quality, level of detail, and timeliness of the
Department's proposed reprogrammings.
The Committee expects the Department to manage its programs
and activities within the levels appropriated. The Committee
reminds the Department that reprogramming or transfer requests
should be submitted only in the case of an unforeseeable
emergency or situation that could not have been predicted when
formulating the budget request for the current fiscal year.
When the Department submits a reprogramming or transfer request
to the Committees on Appropriations and does not receive
identical responses from the House and Senate, it is the
responsibility of the Department to reconcile the House and
Senate differences before proceeding, and if reconciliation is
not possible, to consider the reprogramming or transfer request
unapproved.
The Department shall not propose a reprogramming or
transfer of funds after June 30 unless there are extraordinary
circumstances, which place human lives or property in imminent
danger. To the extent any reprogramming proposals are required;
the Department is strongly encouraged to submit them well in
advance of the June 30 deadline.
The Committee did not include a provision requested in the
budget related to the use of unobligated funds for disaster
response since the authority already rests with the President.
Section 504. The bill includes a provision relating to the
Department's Working Capital Fund [WCF] that: extends the
authority of the Department's WCF in fiscal year 2015;
prohibits funds appropriated or otherwise made available to the
Department from being used to make payments to the WCF, except
for the activities and amounts allowed in the President's
fiscal year 2015 budget; makes WCF funds available until
expended; ensures departmental components are only charged for
direct usage of each WCF service; makes funds provided to the
WCF available only for purposes consistent with the
contributing component; requires the WCF to be paid in advance
or reimbursed at rates which will return the full cost of each
service; and subjects the WCF to the requirements of section
503 of this act. The WCF table included in the Department's
congressional justification accompanying the President's fiscal
year 2015 budget shall serve as the control level for quarterly
execution reports submitted to the Committee not later than 30
days after the end of each quarter. These reports shall
identify any activity added or removed from the fund.
Section 505. The bill includes a provision that not to
exceed 50 percent of unobligated balances recorded not later
than June 30 from appropriations made for salaries and expenses
in fiscal year 2015 shall remain available through fiscal year
2016, subject to reprogramming.
Section 506. The bill includes a provision providing that
funds for intelligence activities are specifically authorized
during fiscal year 2015 until the enactment of an act
authorizing intelligence activities for fiscal year 2015.
Section 507. The bill includes a provision requiring
notification to the Committees 3 business days before any grant
allocation, grant award, contract award (including Federal
Acquisition Regulation-covered contracts), other transaction
agreement, a task or delivery order on a DHS multiple award
contract, letter of intent, or public announcement of the
intention to make such an award totaling in excess of
$1,000,000. If the Secretary determines that compliance would
pose substantial risk to health, human life, or safety, an
award may be made without prior notification but the Committees
shall be notified within 5 full business days after such award
or letter is issued. Additionally, FEMA is required to brief
the Committees 5 full business days prior to announcing
publicly the intention to make an award under State and Local
programs. The 3-day notification also pertains to task or
delivery order awards greater than $10,000,000 from multiyear
DHS funds as well as for any sole-source grant awards.
Section 508. The bill includes a provision that no agency
shall purchase, construct, or lease additional facilities for
Federal law enforcement training without the advance approval
of the Committees on Appropriations.
Section 509. The bill includes a provision that none of the
funds may be used for any construction, repair, alteration, or
acquisition project for which a prospectus, if required under
chapter 33 of title 40, United States Code, has not been
approved. The bill excludes funds that may be required for
development of a proposed prospectus.
Section 510. The bill includes a provision that
consolidates, continues, and modifies by reference prior-year
statutory bill language into one provision. These provisions
concern contracting officers' training and Federal building
energy performance. The provision strikes a permanent
requirement for a report related to Sensitive Security
Information.
Section 511. The bill includes a provision that none of the
funds may be used in contravention of the Buy American Act.
Section 512. The bill includes a provision prohibiting
funds to be used to amend the oath of allegiance required by
section 337 of the Immigration and Nationality Act (8 U.S.C.
1448).
Section 513. The bill includes a provision requiring the
Chief Financial Officer to submit monthly budget execution and
staffing reports within 30 days after the close of each month.
Section 514. The bill includes a provision that directs
that any funds appropriated or transferred to TSA ``Aviation
Security'', ``Administration'', and ``Transportation Security
Support'' in fiscal years 2004 and 2005, which are recovered or
deobligated shall be available only for procurement or
installation of explosive detection systems, air cargo,
baggage, and checkpoint screening systems, subject to
notification. Semiannual reporting on these funds is required.
Section 515. The bill includes a provision regarding
competitive sourcing for United States Citizenship and
Immigration Services.
Section 516. The bill includes a provision requiring any
funds appropriated to Coast Guard for 110-123 foot patrol boat
conversions that are recovered, collected, or otherwise
received as a result of negotiation, mediation, or litigation,
shall be available until expended for the Fast Response Cutter
program.
Section 517. The bill includes a provision classifying the
functions of instructor staff at FLETC as inherently
governmental for purposes of the Federal Activities Inventory
Reform Act of 1998.
Section 518. The bill includes a provision requiring the
Secretary to submit a report to the OIG listing all grants or
contracts awarded by any means other than full and open
competition. The OIG is required to review the report to assess
Departmental compliance with applicable laws and regulations
and report the results to the Committees on Appropriations no
later than February 15, 2016.
Section 519. The bill includes a provision that precludes
DHS from using funds in this act to carry out reorganization
authority. This prohibition is not intended to prevent the
Department from carrying out routine or small reallocations of
personnel or functions within components of the Department,
subject to section 503 of this act. A requested provision
exempting certain activities from reorganization is not
included. If DHS could better execute its mission through a
reorganization, it should be proposed and justified to
Congress.
Section 520. The bill includes a provision prohibiting the
Secretary of Homeland Security from reducing operations within
the Coast Guard's Civil Engineering Program except as
specifically authorized by a statute enacted after the date of
enactment of this act.
Section 521. The bill includes a provision prohibiting
funding to grant an immigration benefit to any individual
unless the results of background checks required by statute to
be completed prior to the grant of a benefit have been received
by DHS.
Section 522. The bill includes a provision extending other
transactional authority for DHS through fiscal year 2015.
Section 523. The bill includes a provision requiring the
Secretary to link all contracts that provide award fees to
successful acquisition outcomes.
Section 524. The bill includes a provision regarding
waivers of the Jones Act.
Section 525. The bill includes a provision contained in
Public Laws 109-295, 110-161, 110-329, 111-83, 112-10, 112-74,
113-6, and 113-76 related to prescription drugs.
Section 526. The bill includes a provision prohibiting
funds from being used to reduce the Coast Guard's Operations
Systems Center mission or its government-employed or contract
staff.
Section 527. The bill includes a provision requiring the
Secretary of Homeland Security, in conjunction with the
Secretary of the Treasury, to notify the Committees on proposed
transfers of surplus balances from the Department of the
Treasury Forfeiture Fund to any agency within the Department of
Homeland Security.
Section 528. The bill includes a provision prohibiting
funds from being used to plan, test, pilot, or develop a
national identification card.
Section 529. The bill includes a provision prohibiting
funds to be used to conduct or implement the results of a
competition under Office of Management and Budget Circular A-76
with respect to the Coast Guard National Vessel Documentation
Center.
Section 530. The bill includes a provision requiring the
posting of damage assessment information used to determine
whether to declare a major disaster on the FEMA Web site.
Section 531. The bill includes a provision directing that
any official required by this act to report or certify to the
Committees on Appropriations may not delegate such authority
unless expressly authorized to do so in this act.
Section 532. The bill includes a provision extending the
risk-based security standards for chemical facilities cited in
section 550 of Public Law 109-295, as amended, for 1 year.
Section 533. The bill includes a provision extending
current law concerning individuals detained at the Naval
Station, Guantanamo Bay, Cuba.
Section 534. The bill includes a provision prohibiting
funds in this act to be used for first-class travel.
Section 535. The bill includes a provision prohibiting
funds to be used to employ workers in contravention of section
274A(h)(3) of the Immigration and Nationality Act.
Section 536. The bill includes a provision on the proper
disposal of personal information collected through the
Registered Traveler program.
Section 537. The bill includes a provision prohibiting
funds appropriated or otherwise made available by this act to
pay for award or incentive fees for contractors with below
satisfactory performance or performance that fails to meet the
basic requirements of the contract.
Section 538. The bill includes language that requires the
Secretary to ensure screening of passengers and crews for
transportation and national security purposes are consistent
with applicable laws, regulations, and guidance on privacy and
civil liberties.
Section 539. The bill includes a provision allocating
$10,000,000 in Immigration Examination Fees for the purpose of
providing immigrant integration grants in fiscal year 2015.
Section 540. The bill provides a total of $48,600,000 for
consolidation of a new DHS headquarters at St. Elizabeths and
consolidation of mission support.
Section 541. The bill includes a provision prohibiting
funds appropriated or otherwise made available by this act for
DHS to enter into a Federal contract unless the contract meets
requirements of the Federal Property and Administrative
Services Act of 1949 or chapter 137 of title 10 U.S.C., and the
Federal Acquisition Regulation, unless the contract is
otherwise authorized by statute without regard to this section.
Section 542. The bill provides $39,500,000 for financial
system modernization and includes a provision allowing the
Secretary to transfer funds made available by this act between
appropriations for the same purpose after notifying the
Committees 15 days in advance.
Section 543. The bill includes a provision providing some
flexibility to the Department for financing a response to an
immigration emergency.
Section 544. The bill includes a provision permitting the
Department to sell ICE-owned detention facilities and use the
proceeds from any sale for improvement to other facilities. ICE
is required to notify the Committees on Appropriations 15 days
prior to announcing any sale.
Section 545. The bill includes language directing DHS CIO,
CBP, ICE, United States Secret Service, and the Office of
Biometric Identity Management to submit multiyear investment
and management plans for all information technology programs
and procurements at the time the President's budget proposal is
submitted.
Section 546. The bill includes language stating that the
Secretary shall ensure enforcement of all immigration laws.
Section 547. The bill includes a provision regarding
Federal network security.
Section 548. The bill includes a provision regarding
restrictions on electronic access to pornography, except for
law enforcement purposes.
Section 549. The bill includes a provision regarding the
transfer of an operable firearm by a Federal law enforcement
officer to an agent of a drug cartel.
Section 550. The bill includes a provision prohibiting any
funds from this or any other Act to be used for creation of the
National Preparedness Grant Program or any successor grant
program unless explicitly authorized by Congress.
Section 551. The bill modifies a general provision in
Public Law 113-76 permitting CBP to enter into up to seven
reimbursable agreements with airports and clarifies the gift
donation authority between the Commissioner of CBP and the
Administrator of General Services.
Section 552. The bill includes language regarding the
number of employees permitted to attend international
conferences.
Section 553. The bill includes a provision prohibiting
funds made available by this act to reimburse any Federal
department or agency for its participation in a NSSE.
Section 554. The bill includes a provision relating to air
preclearance operations.
Section 555. The bill provides the Secretary with
discretion to waive certain requirements of the Federal Fire
Prevention and Control Act of 1974, including a provision which
allows grants to be used to retain firefighters, instead of
only for increasing the number of firefighters. The Committee
expects that the Secretary will take into consideration
economic hardship when exercising the waiver authority.
Section 556. The bill includes a provision that prohibits
the collection of new land border fees or the study of the
imposition of such border fee.
Section 557. The bill includes a provision pertaining to
the temporary re-employment of administrative law judges for
arbitration dispute resolution.
Section 558. The bill includes a provision clarifying that
fees collected pursuant to the Colombia Free Trade Agreement
are available until expended.
Section 559. The bill includes a provision related to the
immigration user fee.
Section 560. The bill includes a provision related to user
fee proposals that have not been enacted into law prior to
submission of the budget.
Section 561. The bill includes a provision on structural
pay reform that affects more than 100 full-time positions or
costs more than $5,000,000 in a single year.
Section 562. The bill includes a provision directing the
Department to post on a public Web site reports required by the
Committees on Appropriations unless public posting compromises
homeland or national security or contains proprietary
information.
Section 563. The bill includes a prohibition on
establishment of a national license plate recognition database
or other similar project.
Section 564. The bill repeals section 605 of Public Law
110-161 related to land border port of entry technology
demonstration projects.
Section 565. The bill includes a provision regarding a
transfer to the Disaster Relief Fund from the Disaster
Assistance Direct Loan Program. The transfer has no impact on
ongoing loan determinations.
Section 566. The bill includes reporting requirements
pertaining to unaccompanied alien children.
Section 567. The bill includes a provision deeming a
Transportation Security Officer, who was killed in the line of
duty on November 13, 2013, as having been a public safety
officer for the purposes of the Omnibus Crime Control and Safe
Streets Act of 1968.
Section 568. The bill includes a provision modifying the
Visa Waiver Program to permit the entry of additional member
countries based on adjusting the criteria for visa refusal
rates if a country has a low visa overstay rate while
maintaining the security requirements of the Visa Waiver
Program.
Section 569. The bill rescinds unobligated balances from
prior year appropriations from Customs and Border Protection,
Transportation Security Administration, Coast Guard, and
Science and Technology.
Section 570. The bill rescinds $200,000,000 from the
unobligated balances in the Department of the Treasury
Forfeiture Fund.
Section 571. The bill includes a rescission of legacy
funding still unobligated from when the Department was formed.
Section 572. The bill rescinds unobligated balances of
prior year appropriations in the Disaster Relief Fund for non-
major disaster programs due to the significant balances carried
over from fiscal years 2013 and 2014, and amounts recovered
from previous disasters during project closeouts. The
rescission of funds will have no impact on FEMA's ability to
aid in recovery from past disasters or respond to future
disasters.
Section 573. The bill includes a provision related the
Federal Management Assistance Grant Program.
PROGRAM, PROJECT, AND ACTIVITY
In fiscal year 2015, for purposes of the Balanced Budget
and Emergency Deficit Control Act of 1985 (Public Law 99-177),
as amended, the following information provides the definition
of the term ``program, project, and activity'' for the
components of the Department of Homeland Security under the
jurisdiction of the Homeland Security Subcommittee of the
Committee on Appropriations. The term ``program, project, and
activity'' shall include the most specific level of budget
items identified in the Department of Homeland Security
Appropriations Act, 2015, the House and Senate Committee
reports, and the conference report and the accompany joint
explanatory statement of the managers of the committee of
conference.
If a percentage reduction is necessary, in implementing
that reduction, components of the Department of Homeland
Security shall apply any percentage reduction required for
fiscal year 2015 to all items specified in the justifications
submitted to the Committees on Appropriations of the Senate and
the House of Representatives in support of the fiscal year 2015
budget estimates, as amended, for such components, as modified
by congressional action.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports
accompanying general appropriations bills identify each
recommended amendment which proposes an item of appropriation
which is not made to carry out the provisions of an existing
law, a treaty stipulation, or an act or resolution previously
passed by the Senate during that session.
The Committee recommends funding for the following programs
or activities which currently lack authorization for fiscal
year 2015:
Analysis and Operations.
U.S. Customs and Border Protection: Salaries and Expenses;
Automation Modernization; and Air and Marine Operations.
U.S. Immigration and Customs Enforcement: Salaries and
Expenses.
Transportation Security Administration: Aviation Security;
Surface Transportation Security; Transportation Threat
Assessment and Credentialing; and Federal Air Marshals.
Coast Guard: Operating Expenses; Environmental Compliance
and Restoration; Reserve Training; Acquisition, Construction,
and Improvements; Research, Development, Test, and Evaluation;
and Retired Pay.
National Protection and Programs Directorate:
Infrastructure Protection and Information Security.
Federal Emergency Management Agency: Salaries and Expenses;
State and Local Programs; Emergency Management Performance
Grants; National Predisaster Mitigation Fund, and Emergency
Food and Shelter.
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, changes in existing law
proposed to be made by the bill are shown as follows: existing
law to be omitted is enclosed in black brackets; new matter is
printed in italic; and existing law in which no change is
proposed is shown in roman.
TITLE 6--DOMESTIC SECURITY
CHAPTER 1--HOMELAND SECURITY ORGANIZATION
SUBCHAPTER II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Sec. 121. Information and Analysis and Infrastructure Protection
Regulations
Pub. L. 109-295, title V, Sec. 550, Oct. 4, 2006, 120 Stat.
1388, as amended by Pub. L. 110-161, div. E, title V, Sec. 534,
Dec. 26, 2007, 121 Stat. 2075; Pub. L. 111-83, title V,
Sec. 550, Oct. 28, 2009, 123 Stat. 2177; Pub. L. 112-10, div.
B, title VI, Sec. 1650, Apr. 15, 2011, 125 Stat. 146; Pub. L.
112-74, div. D, title V, Sec. 540, Dec. 23, 2011, 125 Stat.
976; Pub. L. 113-6, div. D, title V, Sec. 537, Mar. 26, 2013,
127 Stat. 373, provided that:
``(a) * * *
``(b) Interim regulations issued under this section shall
apply until the effective date of interim or final regulations
promulgated under other laws that establish requirements and
standards referred to in subsection (a) and expressly supersede
this section: Provided, That the authority provided by this
section shall terminate [on October 4, 2013] on October 4,
2015.
* * * * * * *
Subchapter VIII--Coordination With Non-Federal Entities; Inspector
General; United States Secret Service; Coast Guard; General Provisions
Sec. 391. Research and development projects
(a) Authority
[Until September 30, 2014,] Until September 30, 2015, and
subject to subsection (d), the Secretary may carry out a pilot
program under which the Secretary may exercise the following
authorities:
* * * * * * *
(c) Additional requirements
(1) In general
The authority of the Secretary under this section
shall terminate [September 30, 2014,] September 30,
2015, unless before that date the Secretary--
------
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part II--Admission Qualifications For Aliens; Travel Control of
Citizens and Aliens
Sec. 1187. Visa waiver program for certain visitors
(a) Establishment of program
The [Attorney General] Secretary of Homeland Security and
the Secretary of State are authorized to establish a program
(hereinafter in this section referred to as the ``program'')
under which the requirement of paragraph (7)(B)(i)(II) of
section 1182(a) of this title may be waived by the [Attorney
General] Secretary of Homeland Security, in consultation with
the Secretary of State and in accordance with this section, in
the case of an alien who meets the following requirements:
* * * * * * *
(1) Seeking entry as tourist for 90 days or less
* * * * * * *
(4) Executes immigration forms
The alien before the time of such admission
completes such immigration form as the [Attorney
General] Secretary of Homeland Security shall
establish.
(5) Entry into the United States
If arriving by sea or air, the alien arrives at the
port of entry into the United States on a carrier,
including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations\1\ which
has entered into an agreement with the [Attorney
General] Secretary of Homeland Security pursuant to
subsection (e) of this section. The [Attorney General]
Secretary of Homeland Security is authorized to require
a carrier conducting operations under part 135 of title
14, Code of Federal Regulations, or a domestic
corporation conducting operations under part 91 of that
title, to give suitable and proper bond, in such
reasonable amount and containing such conditions as the
[Attorney General] Secretary of Homeland Security may
deem sufficient to ensure compliance with the
indemnification requirements of this section, as a term
of such an agreement.
---------------------------------------------------------------------------
\1\So in original. Probably should be followed by a comma.
* * * * * * *
---------------------------------------------------------------------------
(8) Round-trip ticket
The alien is in possession of a round-trip
transportation ticket (unless this requirement is
waived by the [Attorney General] Secretary of Homeland
Security under regulations or the alien is arriving at
the port of entry on an aircraft operated under part
135 of title 14, Code of Federal Regulations, or a
noncommercial aircraft that is owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations).
* * * * * * *
(10) Electronic transmission of identification informa-
tion
Operators of aircraft under part 135 of title 14,
Code of Federal Regulations, or operators of
noncommercial aircraft that are owned or operated by a
domestic corporation conducting operations under part
91 of title 14, Code of Federal Regulations, carrying
any alien passenger who will apply for admission under
this section shall furnish such information as the
[Attorney General] Secretary of Homeland Security by
regulation shall prescribe as necessary for the
identification of any alien passenger being transported
and for the enforcement of the immigration laws. Such
information shall be electronically transmitted not
less than one hour prior to arrival at the port of
entry for purposes of checking for inadmissibility
using the automated electronic database.
(c) Designation of program countries
[(1) In general
[The [Attorney General] Secretary of Homeland
Security, in consultation with the Secretary of State,
may designate any country as a program country if it
meets the requirements of paragraph (2).]
(1) Authority to designate; definitions.--
(A) Authority to designate.--The Secretary
of Homeland Security, in consultation with the
Secretary of State, may designate any country
as a program country if that country meets the
requirements under paragraph (2).
(B) Definitions.--In this subsection:
(i) Appropriate congressional
committees.--The term ``appropriate
congressional committees'' means--
(I) the Committee on
Appropriations, the Committee
on Foreign Relations, the
Committee on Homeland Security
and Governmental Affairs, and
the Committee on the Judiciary
of the Senate; and
(II) the Committee on
Appropriations, the Committee
on Foreign Affairs, the
Committee on Homeland Security,
and the Committee on the
Judiciary of the House of
Representatives.
(ii) Overstay rate.--
(I) Initial designation.--
The term ``overstay rate''
means, with respect to a
country being considered for
designation in the program, the
ratio of--
(aa) the number of
nationals of that
country who were
admitted to the United
States on the basis of
a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during a
fiscal year but who
remained unlawfully in
the United States
beyond such periods; to
(bb) the number of
nationals of that
country who were
admitted to the United
States on the basis of
a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during that
fiscal year.
(II) Continuing
designation.--The term
``overstay rate'' means, for
each fiscal year after initial
designation under this section
with respect to a country, the
ratio of--
(aa) the number of
nationals of that
country who were
admitted to the United
States under this
section or on the basis
of a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during a
fiscal year but who
remained unlawfully in
the United States
beyond such periods; to
(bb) the number of
nationals of that
country who were
admitted to the United
States under this
section or on the basis
of a nonimmigrant visa
under section
101(a)(15)(B) whose
periods of authorized
stay ended during that
fiscal year.
(III) Computation of
overstay rate.--In determining
the overstay rate for a
country, the Secretary of
Homeland Security may utilize
information from any available
databases to ensure the
accuracy of such rate.
(iii) Program country.--The term
``program country'' means a country
designated as a program country under
subparagraph (A).
(2) Qualifications
Except as provided in subsection (f) of this
section, a country may not be designated as a program
country unless the following requirements are met:
[(A) Low nonimmigrant visa refusal rate
[Either--
[(i) the average number of refusals
of nonimmigrant visitor visas for
nationals of that country during--
[(I) the two previous full
fiscal years was less than 2.0
percent of the total number of
nonimmigrant visitor visas for
nationals of that country which
were granted or refused during
those years; and
[(II) either of such two
previous full fiscal years was
less than 2.5 percent of the
total number of nonimmigrant
visitor visas for nationals of
that country which were granted
or refused during that year;
[(ii) such refusal rate for
nationals of that country during the
previous full fiscal year was less than
3.0 percent.]
(A) General numerical limitations.--
(i) Low nonimmigrant visa refusal
rate.--The percentage of nationals of
that country refused nonimmigrant visas
under section 101(a)(15)(B) during the
previous full fiscal year was not more
than 3 percent of the total number of
nationals of that country who were
granted or refused nonimmigrant visas
under such section during such year.
(ii) Low nonimmigrant overstay
rate.--The overstay rate for that
country was not more than 3 percent
during the previous fiscal year.
* * * * * * *
(C) Law enforcement and security interests
The [Attorney General] Secretary of
Homeland Security, in consultation with the
Secretary of State--
(i) * * *
* * * * * * *
(iii) submits a written report to
the [Committee on the Judiciary and the
Committee on International Relations of
the House of Representatives and the
Committee on the Judiciary and the
Committee on Foreign Relations of the
Senate] appropriate congressional
committees regarding the country's
qualification for designation that
includes an explanation of such
determination.
* * * * * * *
[(3) Continuing and subsequent qualifications
[For each fiscal year after the initial period--
[(A) Continuing qualification
[In the case of a country which was a
program country in the previous fiscal year, a
country may not be designated as a
programcountry unless the sum of--
[(i) the total of the number of
nationals of that country who were
denied admission at the time of arrival
or withdrew their application for
admission during such previous fiscal
year as a nonimmigrant visitor, and
[(ii) the total number of nationals
of that country who were admitted as
nonimmigrant visitors during such
previous fiscal year and who violated
the terms of such admission, was less
than 2 percent of the total number of
nationals of that country who applied
for admission as nonimmigrant visitors
during such previous fiscal year.
[(B) New countries
[In the case of another country, the
country may not be designated as a program
country unless the following requirements are
met:
[(i) Low nonimmigrant visa refusal rate
in pre-
vious 2-year period
[The average number of refusals of
nonimmigrant visitor visas for
nationals of that country during the
two previous full fiscal years was less
than 2 percent of the total number of
nonimmigrant visitor visas for
nationals of that country which were
granted or refused during those years.
[(ii) Low nonimmigrant visa refusal
rate in each of the 2 previous years
The average number of refusals of
nonimmigrant visitor visas for
nationals of that country during either
of such two previous full fiscal years
was less than 2.5 percent of the total
number of nonimmigrant visitor visas
for nationals of that country which
were granted or refused during that
year.]
(3) Qualification criteria.--After designation as a
program country under section 217(c)(2), a country may
not continue to be designated as a program country
unless the Secretary of Homeland Security, in
consultation with the Secretary of State, determines,
pursuant to the requirements under paragraph (5), that
the designation will be continued.
[(4) Initial period.--For purposes of paragraphs
(2) and (3), the term ``initial period'' means the
period beginning at the end of the 30-day period
described in subsection (b)(1) of this section and
ending on the last day of the first fiscal year which
begins after such 30-day period.]
* * * * * * *
(5) Written reports on continuing qualification;
designa-
tion terminations
(A) Periodic evaluations
(i) In general
* * * * * * *
(I) * * *
[(II) shall determine,
based upon the evaluation in
subclause (I), whether any such
designation ought to be
continued or terminated under
subsection (d) of this
section;]
(II) shall determine, based
upon the evaluation in
subclause (I), whether any such
designation under subsection
(d) or (f), or probation under
subsection (f), ought to be
continued or terminated;
(III) shall submit a
written report to the
[Committee on the Judiciary,
the Committee on Foreign
Affairs, and the Committee on
Homeland Security, of the House
of Representatives and the
Committee on the Judiciary, the
Committee on Foreign Relations,
and the Committee on Homeland
Security and Governmental
Affairs of the Senate]
appropriate congressional
committees regarding the
continuation or termination of
the country's designation that
includes an explanation of such
determination andthe effects
described in subclause (I); and
* * * * * * *
[(6) Computation of visa refusal rates
[For purposes of determining the eligibility of a
country to be designated as a program country, the
calculation of visa refusal ratesshall not include any
visa refusals which incorporate any procedures based
on, or are otherwise based on, race, sex, or
disability, unlessotherwise specifically authorized by
law or regulation. No court shall have jurisdiction
under this paragraph to review any visa refusal,the
denial of admission to the United States of any alien
by the [Attorney General] Secretary of Homeland
Security, the Secretary's computation of the visa
refusal rate, or the designation or nondesignation of
any country.]
(6) Computation of visa refusal rates and judicial
review.--
(A) Computation of visa refusal rates.--For
purposes of determining the eligibility of a
country to be designated as a program country,
the calculation of visa refusal rates shall not
include any visa refusals which incorporate any
procedures based on, or are otherwise based on,
race, sex, or disability, unless otherwise
specifically authorized by law or regulation.
(B) Judicial review.--No court shall have
jurisdiction under this section to review any
visa refusal, the Secretary of State's
computation of a visa refusal rate, the
Secretary of Homeland Security's computation of
an overstay rate, or the designation or
nondesignation of a country as a program
country.
(7) Visa [waiver information.--] waiver information.--
In refusing
(A) * * *
* * * * * * *
[(B) Reporting requirement
[On May 1 of each year, for each country
under consideration for inclusion in the visa
waiver program, the Secretary of State shall
provide to the appropriate congressional
committees--
[(i) the total number of nationals
of that country that applied for United
States visas in that country during the
previous calendar year;
[(ii) the total number of such
nationals who received United States
visas during the previous calendar
year;
[(iii) the total number of such
nationals who were refused United
States visas during the previous
calendar year;
[(iv) the total number of such
nationals who were refused United
States visas during the previous
calendar year under each provision of
this chapter under which the visas were
refused; and
[(v) the number of such nationals
that were refused under section 1184(b)
of this title as a percentage of the
visas that were issued to such
nationals.
[(C) Certification
[Not later than May 1 of each year, the
United States chief of mission, acting or
permanent, to each country under consideration
for inclusion in the visa waiver program shall
certify to the appropriate congressional
committees that the information described in
subparagraph (B) is accurate and provide a copy
of that certification to those committees.
[(D) Consideration of countries in the visa
waiver
program
[Upon notification to the [Attorney
General] Secretary of Homeland Security that a
country is under consideration for inclusion in
the visa waiver program, the Secretary of State
shall provide all of the information described
in subparagraph (B) to the [Attorney General]
Secretary of Homeland Security.
[(E) Definition
[In this paragraph, the term ``appropriate
congressional committees'' means the Committee
on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on
the Judiciary and the Committee on
International Relations of the House of
Representatives.]
[(8) Nonimmigrant visa refusal rate flexibility
[(A) Certification
[(i) In general
[On the date on which an air exit
system is in place that can verify the
departure of not less than 97 percent
of foreign nationalswho exit through
airports of the United States and the
electronic travel authorization system
required under subsection (h)(3) is
fully operational, the Secretary of
Homeland Security shall certify to
Congress that such air exit system and
electronic travel authorization system
are in place.
[(ii) Notification to Congress
[The Secretary shall notify
Congress in writing of the date on
which the air exit system under clause
(i) fully satisfies the biometric
requirements specified in subsection
(i).
[(iii) Temporary suspension of waiver
authority
[Notwithstanding any certification
made under clause (i), if the Secretary
has not notified Congress in accordance
with clause (ii) by June 30, 2009, the
Secretary's waiver authority under
subparagraph (B) shall be suspended
beginning on July 1, 2009, until such
time as the Secretary makes such
notification.
[(iv) Rule of construction
[Nothing in this paragraph shall be
construed as in any way abrogating the
reporting requirements under subsection
(i)(3).
[(B) Waiver
[After certification by the Secretary under
subparagraph (A), the Secretary, in
consultation with the Secretary of State, may
waive the application of paragraph (2)(A) for a
country if--
[(i) the country meets all security
requirements of this section; (ii) the
Secretary of Homeland Security
determines that the totality of the
country's security risk mitigation
measures provide assurance that the
country's participation in the program
would not compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States;
[(ii) the Secretary of Homeland
Security determines that the totality
of the country's security risk
mitigation measures provide assurance
that the country's participation in the
program would not compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States;
[(iii) there has been a sustained
reduction in the rate of refusals for
nonimmigrant visas for nationals of the
country and conditionsexist to continue
such reduction;
[(iv) the country cooperated with
the Government of the United States on
counterterrorism initiatives,
information sharing, and preventing
terrorist travel before the date of its
designation as a program country, and
the Secretary of Homeland Security and
the Secretary of State determine that
such cooperation will continue;and
[(v)(I) the rate of refusals for
nonimmigrant visitor visas for
nationals of the country during the
previous full fiscal year was not more
than ten percent; or
[(II) the visa overstay rate for
the country for the previous full
fiscal year does not exceed the maximum
visa overstay rate, once such rate is
established under subparagraph (C).
[(C) Maximum visa overstay rate
[(i) Requirement to establish
[After certification by the
Secretary under subparagraph (A), the
Secretary and the Secretary of State
jointly shall use informationfrom the
air exit system referred to in such
subparagraph to establish a maximum
visa overstay rate for countries
participating in the program pursuant
to a waiver under subparagraph (B). The
Secretary of Homeland Security shall
certify to Congress that such rate
would not compromise the law
enforcement, security interests, or
enforcement of the immigration laws of
the United States.
[(ii) Visa overstay rate defined In
this paragraph the term ``visa overstay
rate'' means, with respect to a
country, the ratio of--
[(I) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa whose periods
of authorized stays ended
during a fiscal year but who
remained unlawfully in the
United States beyond such
periods; to
[(II) the total number of
nationals of that country who
were admitted to the United
States on the basis of a
nonimmigrant visa during that
fiscal year.
[(iii) Report and publication
[The Secretary of Homeland Security
shall on the same date submit to
Congress and publish in the Federal
Register information relating to the
maximum visa overstay rate established
under clause (i). Not later than 60
days after such date, the Secretary
shall issue a final maximum visa
overstay rate above which a country may
not participate in the program.]
(8) Waiver authority.--The Secretary of Homeland
Security, in consultation with the Secretary of State,
may waive the application of paragraph (2)(A)(i) for a
country if--
(A) the country meets all other
requirements of paragraph (2);
(B) the Secretary of Homeland Security
determines that the totality of the country's
security risk mitigation measures provide
assurance that the country's participation in
the program would not compromise the law
enforcement, security interests, or enforcement
of the immigration laws of the United States;
(C) there has been a general downward trend
in the percentage of nationals of the country
refused nonimmigrant visas under section
101(a)(15)(B);
(D) the country consistently cooperated
with the Government of the United States on
counterterrorism initiatives, information
sharing, preventing terrorist travel, and
extradition to the United States of individuals
(including the country's own nationals) who
commit crimes that violate United States law
before the date of its designation as a program
country, and the Secretary of Homeland Security
and the Secretary of State assess that such
cooperation is likely to continue;
(E) the percentage of nationals of the
country refused a nonimmigrant visa under
section 101(a)(15)(B) during the previous full
fiscal year was not more than 10 percent of the
total number of nationals of that country who
were granted or refused such nonimmigrant
visas; and
(F) Effective period.--The amendments made
by this subsection shall be in effect during
the period beginning on the date of enactment
of this Act and ending on December 31, 2017.
* * * * * * *
(e) Carrier agreements
(1) In general
The agreement referred to in subsection (a)(4) of
this section is an agreement between a carrier
(including any carrier conducting operations under part
135 of title 14, Code of Federal Regulations) or a
domestic corporation conducting operations under part
91 of that title and the [Attorney General] Secretary
of Homeland Security under which the carrier (including
any carrier conducting operations under part 135 of
title 14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that
title agrees, in consideration of the waiver of the
visa requirement with respect to a nonimmigrant visitor
under the program--
(A) * * *
* * * * * * *
(C) to be subject to the imposition of fines
resulting from the transporting into the United
States of a national of a designatedcountry
without a passport pursuant to regulations
promulgated by the [Attorney General] Secretary
of Homeland Security, and
* * * * * * *
(2) Termination of agreements
The [Attorney General] Secretary of Homeland
Security may terminate an agreement under paragraph (1)
with five days' notice to the carrier (including any
carrier conducting operations under part 135 of title
14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that
title for the failure by a carrier (including any
carrier conducting operations under part 135 of title
14, Code of Federal Regulations) or a domestic
corporation conducting operations under part 91 of that
title to meet the terms of such agreement.
(3) Business aircraft requirements
(A) In general
For purposes of this section, a domestic
corporation conducting operations under part 91
of title 14, Code of Federal Regulations\2\
that owns or operates a noncommercial aircraft
is a corporation that is organized under the
laws of any of the States of the United States
or the District of Columbia and is accredited
by or a member of a national organization that
sets business aviation standards. The Attorney
General shall prescribe by regulation the
provision of such information as the [Attorney
General] Secretary of Homeland Security deems
necessary to identify the domestic corporation,
its officers, employees, shareholders, its
place of business, and its business activities.
---------------------------------------------------------------------------
\2\So in original. Probably should be followed by a comma.
---------------------------------------------------------------------------
(B) Collections
In addition to any other fee authorized by
law, the [Attorney General] Secretary of
Homeland Security is authorized to charge and
collect, on a periodic basis, an amount from
each domestic corporation conducting operations
under part 91 of title 14, Code of Federal
Regulations, for nonimmigrant visa waiver
admissions on noncommercial aircraft owned or
operated by such domestic corporation equal to
the total amount of fees assessed for issuance
of nonimmigrant visa waiver arrival/departure
forms at land border ports of entry. All fees
collected under this paragraph shall be
deposited into the Immigration User Fee Account
established under section 1356(h) of this
title.
[(f) Duration and termination of designation
[(1) In general
[(A) Determination and notification of
disqualifica-
tion rate
[Upon determination by the [Attorney
General] Secretary of Homeland Security that a
program country's disqualification rate is 2
percent or more, the Attorney General shall
notify the Secretary of State.
[(B) Probationary status
[If the program country's disqualification
rate is greater than 2 percent but less than
3.5 percent, the [Attorney General] Secretary
of Homeland Security shall place the program
country in probationary status for a period not
to exceed 2 full fiscal yearsfollowing the year
in which the determination under subparagraph
(A) is made.
[(C) Termination of designation
[Subject to paragraph (3), if the program
country's disqualification rate is 3.5 percent
or more, the [Attorney General] Secretary of
Homeland Security shall terminate the country's
designation as a program country effective at
the beginning of the second fiscal year
following the fiscal year in which the
determination under subparagraph (A) is made.
[(2) Termination of probationary status
[(A) In general
If the [Attorney General] Secretary of
Homeland Security determines at the end of the
probationary period described in paragraph
(1)(B) that the program country placed in
probationary status under such paragraph has
failed to develop a machine-readable passport
program as required by section\3\ (c)(2)(C) of
this section, or has a disqualification rate of
2 percent or more, the [Attorney General]
Secretary of Homeland Security shall terminate
the designation of the country as a program
country. If the [Attorney General] Secretary of
Homeland Security determines that the program
country has developed a machine-readable
passport program and has a disqualification
rate of less than 2 percent, the [Attorney
General] Secretary of Homeland Security shall
redesignate the country as a program country.]
---------------------------------------------------------------------------
\3\So in original. Probably should be ``subsection''.
---------------------------------------------------------------------------
(f) Termination of Designation; Probation.--
(1) Definitions.--In this subsection:
(A) Probationary period.--The term
``probationary period'' means the fiscal year
in which a probationary country is placed in
probationary status under this subsection.
(B) Program country.--The term ``program
country'' has the meaning given that term in
subsection (c)(1)(B).
(2) Determination, notice, and initial probationary
period.--
(A) Determination of probationary status
and notice of noncompliance.--As part of each
program country's periodic evaluation required
by subsection (c)(5)(A), the Secretary of
Homeland Security shall determine whether a
program country is in compliance with the
program requirements under subparagraphs
(A)(ii) through (F) of subsection (c)(2).
(B) Initial probationary period.--If the
Secretary of Homeland Security determines that
a program country is not in compliance with the
program requirements under subparagraphs
(A)(ii) through (F) of subsection (c)(2), the
Secretary of Homeland Security shall place the
program country in probationary status for the
fiscal year following the fiscal year in which
the periodic evaluation is completed.
(3) Actions at the end of the initial probationary
period.--At the end of the initial probationary period
of a country under paragraph (2)(B), the Secretary of
Homeland Security shall take 1 of the following
actions:
(A) Compliance during initial probationary
period.--If the Secretary determines that all
instances of noncompliance with the program
requirements under subparagraphs (A)(ii)
through (F) of subsection (c)(2) that were
identified in the latest periodic evaluation
have been remedied by the end of the initial
probationary period, the Secretary shall end
the country's probationary period.
(B) Noncompliance during initial
probationary period.--If the Secretary
determines that any instance of noncompliance
with the program requirements under
subparagraphs (A)(ii) through (F) of subsection
(c)(2) that were identified in the latest
periodic evaluation has not been remedied by
the end of the initial probationary period--
(i) the Secretary may terminate the
country's participation in the program;
or
(ii) on an annual basis, the
Secretary may continue the country's
probationary status if the Secretary,
in consultation with the Secretary of
State, determines that the country's
continued participation in the program
is in the national interest of the
United States.
(4) Actions at the end of additional probationary
periods.--At the end of all probationary periods
granted to a country pursuant to paragraph (3)(B)(ii),
the Secretary shall take 1 of the following actions:
(A) Compliance during additional period.--
The Secretary shall end the country's
probationary status if the Secretary determines
during the latest periodic evaluation required
by subsection (c)(5)(A) that the country is in
compliance with the program requirements under
subparagraphs (A)(ii) through (F) of subsection
(c)(2).
(B) Noncompliance during additional
periods.--The Secretary shall terminate the
country's participation in the program if the
Secretary determines during the latest periodic
evaluation required by subsection (c)(5)(A)
that the program country continues to be in
non-compliance with the program requirements
under subparagraphs (A)(ii) through (F) of
subsection (c)(2).
(5) Effective date.--The termination of a country's
participation in the program under paragraph (3)(B) or
(4)(B) shall take effect on the first day of the first
fiscal year following the fiscal year in which the
Secretary determines that such participation shall be
terminated. Until such date, nationals of the country
shall remain eligible for a waiver under subsection
(a).
(6) Treatment of nationals after termination.--For
purposes of this subsection and subsection (d)--
(A) nationals of a country whose
designation is terminated under paragraph (3)
or (4) shall remain eligible for a waiver under
subsection (a) until the effective date of such
termination; and
(B) a waiver under this section that is
provided to such a national for a period
described in subsection (a)(1) shall not, by
such termination, be deemed to have been
rescinded or otherwise rendered invalid, if the
waiver is granted prior to such termination.
(7) Consultative role of the secretary of state.--
In this subsection, references to subparagraphs (A)(ii)
through (F) of subsection (c)(2) and subsection
(c)(5)(A) carry with them the consultative role of the
Secretary of State as provided in those provisions.
* * * * * * *
(h) Use of information technology systems
(1) Automated entry-exit control system
(A) System
Not later than October 1, 2001, the
[Attorney General] Secretary of Homeland
Security shall develop and implement a fully
automated entry and exit control system that
will collect a record of arrival and departure
for every alien who arrives and departs by sea
or air at a port of entry into the United
States and is provided a waiver under the
program.
* * * * * * *
(i) Data collection by carriers
* * * * * * *
(ii) Data provision by carriers
Not later than October 1, 2002, no
waiver may be provided under this
section to an alien arriving by sea or
air at a port ofentry into the United
States on a carrier unless the carrier
is electronically transmitting to the
automated entry and exit control system
passenger data determined by the
[Attorney General] Secretary of
Homeland Security to be sufficient to
permit the [Attorney General] Secretary
of Homeland Security to carry out this
paragraph.
(iii) Calculation
The system shall contain sufficient
data to permit the [Attorney General]
Secretary of Homeland Security to
calculate, for each program country and
each fiscal year, the portion of
nationals of that country who are
described in subparagraph (A) and for
whom no record of departure exists,
expressed as a percentage of the total
number of such nationals who are so
described.
(C) Reporting
(i) Percentage of nationals lacking
departure
record
As part of the annual report
required to be submitted under section
1365a(e)(1) of this title, the
[Attorney General] Secretary of
Homeland Security shall include a
section containing the calculation
described in subparagraph (B)(iii) for
each program country for the previous
fiscal year, together with an analysis
of that information.
(ii) System effectiveness
* * * * * * *
(I) The conclusions of the
[Attorney General] Secretary of
Homeland Security regarding the
effectiveness of the automated
entry and exit control system
to be developed and implemented
under this paragraph.
(II) The recommendations of
the [Attorney General]
Secretary of Homeland Security
regarding the use of the
calculation described in
subparagraph (B)(iii) as a
basis for evaluating whether to
terminate or continue the
designation of a country as a
program country.
* * * * * * *
(2) Automated data sharing system
(A) System
The [Attorney General] Secretary of
Homeland Security and the Secretary of State
shall develop and implement an automated data
sharing system that will permit them to share
data in electronic form from their respective
records systems regarding the admissibility of
aliens who are nationals of a program country.
(B) Requirements
* * * * * * *
(i) * * *
* * * * * * *
(ii) Supplying photographs of
inadmissible aliens
The system shall permit the
[Attorney General] Secretary of
Homeland Security electronically to
obtain any photograph contained in the
records of the Secretary of State
pertaining to an alien who is a
national of a program country and has
been determined to be ineligible to
receive a visa.
------
TITLE 42--THE PUBLIC HEALTH AND WELFARE
Chapter 46--Justice System Improvement
Subchapter VII--FBI Training of State and Local Criminal Justice
Personnel
Sec. 3771. Training and manpower development
(a) Functions, powers, and duties of Director of Federal Bureau
of Investigation
* * * * * * *
Employment of Annuitants by Federal Law Enforcement Training Center
Pub. L. 107-206, title I, Sec. 1202, Aug. 2, 2002, 116
Stat. 887, as amended by Pub. L. 109-295, title IV, Oct. 4,
2006, 120 Stat. 1374; Pub. L. 110-161, div. E, title IV, Dec.
26, 2007, 121 Stat. 2068; Pub. L. 110-329, div. D, title IV,
Sept. 30, 2008, 122 Stat. 3677; Pub. L. 111-83, title IV, Oct.
28, 2009, 123 Stat. 2166; Pub. L. 112-74, div. D, title IV,
Dec. 23, 2011, 125 Stat. 966, provided that:
(a) The Federal Law Enforcement Training Center may, for a
period ending not later than [December 31, 2016] December 31,
2017, appoint and maintain a cadre of up to 350 Federal
annuitants: (1) without regard to any provision of title 5,
United States Code, which might otherwise require the
application of competitive hiring procedures; and (2) who shall
not be subject to any reduction in pay (for annuity allocable
to the period of actual employment) under the provisions of
section 8344 or 8468 of such title 5 or similar provision of
any other retirement system for employees. A reemployed Federal
annuitant as to whom a waiver of reduction under paragraph (2)
applies shall not, for any period during which such waiver is
in effect, be considered an employee for purposes of subchapter
III of chapter 83 or chapter 84 of title 5, United States Code,
or such other retirement system (referred to in paragraph (2))
as may apply.
------
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2002, PUBLIC LAW 107-77
TITLE I--DEPARTMENT OF JUSTICE
* * * * * * *
General Provisions--Department of Justice
Sec. 101. * * *
* * * * * * *
Sec. 109. Section 286 of the Immigration and Nationality
Act (8 U.S.C. 1356), as amended, is further amended as follows:
(1) by striking in subsection (d) ``$6'', and
inserting ``[$7] $9'';
------
CONSOLIDATED APPROPRIATIONS RESOLUTION, 2003, PUBLIC LAW 108-7
DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2003
TITLE I--DEPARTMENT OF JUSTICE
* * * * * * *
General Provisions--Department of Justice
Sec. 101. * * *
* * * * * * *
Sec. 108. Section 286(e) of the Immigration and Nationality
Act is amended by striking paragraph (3) and replacing it with
the following:
``(3) The Attorney General shall charge and collect
[$3] $5 per individual for the immigration inspection
or pre-inspection of each commercial vessel passenger
whose journey originated in the United States or in any
place set forth in paragraph (1): Provided, That this
requirement shall not apply to immigration inspection
at designated ports of entry of passengers arriving by
ferry, or by Great Lakes vessels on the Great Lakes and
connecting waterways when operating on a regular
schedule. For the purposes of this paragraph, the term
`ferry' means a vessel, in other than ocean or
coastwise service, having provisions only for deck
passengers and/or vehicles, operating on a short run on
a frequent schedule between two points over the most
direct water route, and offering a public service of a
type normally attributed to a bridge or tunnel.''.
------
CONSOLIDATED APPROPRIATIONS, ACT, 2008, PUBLIC LAW 110-161
DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008
TITLE VI
BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION
[Sec. 605. Port of Entry Technology Demonstration Program.
(a) Establishment.--The Secretary, acting through the
Commissioner, shall carry out a technology demonstration
program to test and evaluate new port of entry technologies,
refine port of entry technologies and operational concepts, and
train personnel under realistic conditions.
[(b) Technology Tested.--Under the demonstration program,
the Commissioner shall test technologies that enhance port of
entry operations, including those related to inspections,
communications, port tracking, identification of persons and
cargo, sensory devices, personal detection, decision support,
and the detection and identification of weapons of mass
destruction.
[(c) Demonstration Sites.--
[(1) Number.--The Commissioner shall carry out the
demonstration program at not less than three sites and
not more than five sites.
[(2) Location.--Of the sites selected under
subsection (c)--
[(A) at least one shall be located on the
northern border of the United States; and
[(B) at least one shall be located on the
southern border of the United States.
[(3) Selection criteria.--To ensure that one of the
facilities selected as a port of entry demonstration
site for the demonstration program has the most up-to-
date design, contains sufficient space to conduct the
demonstration program, has a traffic volume low enough
to easily incorporate new technologies without
interrupting normal processing activity, and can
efficiently carry out demonstration and port of entry
operations, one port of entry selected as a
demonstration site may--
[(A) have been established not more than 15
years before the date of the enactment of this
Act;
[(B) consist of not less than 65 acres,
with the possibility of expansion onto not less
than 25 adjacent acres; and
[(C) have serviced an average of not more
than 50,000 vehicles per month during the 12
months preceding the date of the enactment of
this Act.
[(d) Relationship With Other Agencies.--The Secretary,
acting through the Commissioner, shall permit personnel from
appropriate Federal agencies to utilize a demonstration site
described in subsection (c) to test technologies that enhance
port of entry operations, including those related to
inspections, communications, port tracking, identification of
persons and cargo, sensory devices, personal detection,
decision support, and the detection and identification of
weapons of mass destruction.
[(e) Report.--
v(1) Requirement.--Not later than 1 year after the
date of the enactment of this Act, and annually
thereafter, the Secretary shall submit to the
Committees on Appropriations of the Senate and the
House of Representatives, the Senate Committee on
Environment and Public Works, the Senate Committee on
Homeland Security and Governmental Affairs, the House
Committee on Transportation and Infrastructure, and the
House Committee on Homeland Security a report on the
activities carried out at each demonstration site under
the technology demonstration program established under
this section.
[(2) Content.--The report shall include an
assessment by the Commissioner of the feasibility of
incorporating any demonstrated technology for use
throughout U.S. Customs and Border Protection.]
------
CONSOLIDATED APPROPRIATIONS ACT, 2014, PUBLIC LAW 113-76
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2014
TITLE V
GENERAL PROVISIONS
Sec. 559. (a) * * *
* * * * * * *
(e) * * *
(1) * * *
* * * * * * *
(3) Limitations.--
(A) * * *
[(B) For certain costs.--The authority
found in this subsection may not be used at
U.S. Customs and Border Protection-serviced air
ports of entry to enter into reimbursable fee
agreements for costs other than payment of
overtime.]
[(C)] (B) The authority found in this
subsection may not be used to enter into new
preclearance agreements or begin to provide
U.S. Customs and Border Protection services
outside of the United States.
[(D)] (C) The authority found in this
subsection shall be limited with respect to
U.S. Customs and Border Protection-serviced air
ports of entry to [five] seven pilots per year.
* * * * * * *
(f) * * *
(1) * * *
[(2) Allowable uses of donations.--The Commissioner
and the Administrator, with respect to any donation
provided pursuant to paragraph (1), may--
[(A) use such donation for necessary
activities related to the construction,
alteration, operation, or maintenance of an
existing port of entry facility under the
jurisdiction, custody, and control of the
Commissioner, including expenses related to--
[(i) land acquisition, design,
construction, repair and alteration;
[(ii) furniture, fixtures, and
equipment;
[(iii) the deployment of technology
and equipment; and
[(iv) operations and maintenance;
or
[(B) transfer such property or services to
the Administrator for necessary activities
described in subparagraph (A) related to a new
or existing port of entry under the
jurisdiction, custody, and control of the
Administrator, subject to chapter 33 of title
40, United States Code.]
(2) Allowable uses of donations.--
(A) Donations accepted by the Commissioner
may--
(i) be utilized for necessary
activities related to constructing,
altering, operating, maintaining, or
equipping a new or existing port of
entry under the jurisdiction, custody
and control of the Commissioner,
including but not limited to expenses
related to--
(I) land acquisition,
design, construction, repair
and alteration;
(II) furniture, fixtures,
equipment, and technology,
including installation and
deployment thereof; and
(III) operations and
maintenance; or
(ii) be utilized for activities
related to altering, operating,
maintaining, or equipping a new or
existing port of entry under the
jurisdiction, custody, and control of
the Administrator, including but not
limited to expenses related to--
(I) design, repair and
alteration;
(II) furniture, fixtures,
equipment, and technology,
including installation and
deployment thereof; and
(III) operations and
maintenance.
(B) Donations accepted by the Administrator
may--
(i) be utilized for activities
related to constructing, altering,
operating, maintaining, or equipping a
new or existing port of entry facility
under the jurisdiction, custody and
control of the Administrator, including
but not limited to expenses related
to--
(I) land acquisition,
design, construction, repair
and alteration;
(II) furniture, fixtures,
equipment, and technology,
including installation and
deployment thereof; and
(III) operations and
maintenance.
(C) For purposes of subsection
(f)(2)(A)(i)(II)-(III), the term ``new or
existing port of entry under the jurisdiction,
custody and control of the Commissioner''
includes any sea or air port of entry at which
U.S. Customs and Border Protection provides or
will provide services.
(3) * * *
(A) * * *
(i) * * *
* * * * * * *
(I) * * *
* * * * * * *
(III) how each donation
helped facilitate the
construction, alternation,
operation, or maintenance of a
new or existing [land] port of
entry.
* * * * * * *
(h) * * *
(1) * * *
* * * * * * *
(3) the term ``Administrator'' means the
Administrator of General Services.
(4) The term ``new or existing port of entry
facility under the jurisdiction, custody and control of
the Administrator'' includes any port of entry facility
or property interest leased by the Administrator.
[(i) Role of General Services Administration.--Under this
section, collaboration with the Administrator of General
Services is required only with respect to partnerships at land
ports of entry.]
(i) Role of Administrator.--Under this section, the role
and involvement of the Administrator of General Services is
required only with respect to donations made pursuant to
subsection (f) at land ports of entry under the jurisdiction,
custody, and control of the Administrator.
BUDGETARY IMPACT OF BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays
-------------------------------------------------------
Committee Amount in Committee Amount in
allocation bill allocation bill
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with the subcommittee
allocation for 2015: Subcommittee on Homeland Security:
Mandatory........................................... 1,576 1,576 1,580 \1\1,580
Discretionary....................................... 39,000 45,651 45,522 \1\44,612
Security........................................ 1,629 1,842 NA NA
Nonsecurity..................................... 37,371 43,809 NA NA
Projections of outlays associated with the
recommendation:
2015................................................ ............ ............ ............ \2\26,637
2016................................................ ............ ............ ............ 9,713
2017................................................ ............ ............ ............ 5,947
2018................................................ ............ ............ ............ 2,860
2019 and future years............................... ............ ............ ............ 2,046
Financial assistance to State and local governments for NA 5,733 NA 332
2015...................................................
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
\2\Excludes outlays from prior-year budget authority.
NA: Not applicable.
NOTE.--Consistent with the funding recommended in the bill for disaster funding and overseas contingency
operations and in accordance with subparagraphs (A)(ii) and (D) of section 251(b)(2) of the BBEDCA of 1985,
the Committee anticipates that the Budget Committee will provide a revised 302(a) allocation for the Committee
on Appropriations reflecting an upward adjustment of $6,651,000,000 in budget authority plus associated
outlays.
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY FOR FISCAL YEAR 2014 AND BUDGET ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL FOR FISCAL
YEAR 2015
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate Committee recommendation
compared with (+ or -)
Item 2014 Budget estimate Committee ---------------------------------
appropriation recommendation 2014
appropriation Budget estimate
--------------------------------------------------------------------------------------------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS
Departmental Operations
Office of the Secretary and Executive Management:
Immediate Office of the Secretary.............................. 4,050 3,950 3,939 -111 -11
Immediate Office of the Deputy Secretary....................... 1,750 1,751 1,740 -10 -11
Office of the Chief of Staff................................... 2,050 2,112 2,062 +12 -50
Executive Secretary............................................ 7,400 7,719 7,477 +77 -242
Office of Policy............................................... 36,500 38,470 37,559 +1,059 -911
Office of Public Affairs....................................... 8,550 8,741 8,591 +41 -150
Office of Legislative Affairs.................................. 5,350 5,583 5,403 +53 -180
Office of Intergovernmental Affairs............................ 2,250 2,429 2,273 +23 -156
Office of General Counsel...................................... 19,750 21,310 19,950 +200 -1,360
Office for Civil Rights and Civil Liberties.................... 21,500 22,003 21,719 +219 -284
Citizenship and Immigration Services Ombudsman................. 5,250 6,428 5,825 +575 -603
Privacy Officer................................................ 7,950 8,273 8,033 +83 -240
------------------------------------------------------------------------------------
Subtotal..................................................... 122,350 128,769 124,571 +2,221 -4,198
Office of the Under Secretary for Management:
Immediate Office of the Under Secretary for Management......... 2,700 2,757 2,740 +40 -17
Office of the Chief Security Officer........................... 64,000 63,597 63,391 -609 -206
Office of the Chief Procurement Officer........................ 65,000 64,036 63,726 -1,274 -310
------------------------------------------------------------------------------------
Subtotal..................................................... 131,700 130,390 129,857 -1,843 -533
Office of the Chief Human Capital Officer:
Salaries and Expenses...................................... 22,000 21,253 21,156 -844 -97
Human Resources Information Technology..................... 7,815 9,878 8,000 +185 -1,878
------------------------------------------------------------------------------------
Subtotal................................................. 29,815 31,131 29,156 -659 -1,975
Office of the Chief Readiness Support Officer:
Salaries and Expenses...................................... 30,000 29,272 29,186 -814 -86
Nebraska Avenue Complex [NAC].............................. 4,500 4,493 4,493 -7 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 34,500 33,765 33,679 -821 -86
------------------------------------------------------------------------------------
Subtotal, Office of the Under Secretary for Management... 196,015 195,286 192,692 -3,323 -2,594
DHS Headquarters Consolidation:
Mission support................................................ ............... 15,300 ............... ............... -15,300
St. Elizabeths................................................. ............... 57,700 ............... ............... -57,700
------------------------------------------------------------------------------------
Total, DHS Headquarters Consolidation........................ ............... 73,000 ............... ............... -73,000
====================================================================================
Office of the Chief Financial Officer.............................. 46,000 94,626 48,213 +2,213 -46,413
Office of the Chief Information Officer:
Salaries and Expenses.......................................... 115,000 95,444 95,078 -19,922 -366
Information Technology Services................................ 34,000 38,627 38,627 +4,627 ...............
Infrastructure and Security Activities......................... 45,000 52,140 52,140 +7,140 ...............
Homeland Secure Data Network................................... 63,156 70,132 68,156 +5,000 -1,976
------------------------------------------------------------------------------------
Subtotal..................................................... 257,156 256,343 254,001 -3,155 -2,342
Analysis and Operations............................................ 300,490 302,268 295,269 -5,221 -6,999
------------------------------------------------------------------------------------
Total, Departmental Operations............................... 922,011 1,050,292 914,746 -7,265 -135,546
====================================================================================
Office of Inspector General:
Operating Expenses............................................. 115,437 121,457 118,617 +3,180 -2,840
(By transfer from Disaster Relief)............................. (24,000) (24,000) (24,000) ............... ...............
------------------------------------------------------------------------------------
Total, Office of Inspector General........................... 139,437 145,457 142,617 +3,180 -2,840
====================================================================================
Total, title I, Departmental Management and Operations....... 1,037,448 1,171,749 1,033,363 -4,085 -138,386
(By transfer)................................................ (24,000) (24,000) (24,000) ............... ...............
====================================================================================
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
Salaries and Expenses:
Headquarters, Management, and Administration:
Commissioner............................................... 23,656 27,245 27,151 +3,495 -94
Chief Counsel.............................................. 42,921 45,663 45,483 +2,562 -180
Congressional Affairs...................................... 2,466 2,514 2,504 +38 -10
Internal Affairs........................................... 149,061 140,141 139,493 -9,568 -648
Public Affairs............................................. 11,934 13,064 13,009 +1,075 -55
Training and Development................................... 76,082 71,926 71,892 -4,190 -34
Tech, Innovation, Acquisition.............................. 22,788 25,374 25,277 +2,489 -97
Intelligence/Investigative Liaison......................... 60,747 61,512 61,235 +488 -277
Administration............................................. 403,473 386,793 382,819 -20,654 -3,974
Rent....................................................... 405,802 409,490 409,490 +3,688 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 1,198,930 1,183,722 1,178,353 -20,577 -5,369
Border Security Inspections and Trade Facilitation:
Inspections, Trade, and Travel Facilitation at Ports of 2,856,573 2,830,872 2,806,224 -50,349 -24,648
Entry.....................................................
Harbor Maintenance Fee Collection (trust fund)............. 3,274 3,274 3,274 ............... ...............
International Cargo Screening.............................. 67,461 69,173 68,902 +1,441 -271
Other International Programs............................... 24,000 25,706 25,548 +1,548 -158
Customs-Trade Partnership Against Terrorism [C-TPAT]....... 40,912 40,841 42,119 +1,207 +1,278
Trusted Traveler Programs.................................. 5,811 5,811 5,811 ............... ...............
Inspection and Detection Technology Investments............ 112,004 123,866 117,811 +5,807 -6,055
National Targeting Center.................................. 65,106 70,592 70,123 +5,017 -469
Training................................................... 40,703 33,906 33,880 -6,823 -26
------------------------------------------------------------------------------------
Subtotal................................................. 3,215,844 3,204,041 3,173,692 -42,152 -30,349
Border Security and Control Between Ports of Entry:
Border Security and Control................................ 3,675,236 3,882,015 3,911,955 +236,719 +29,940
Training................................................... 55,558 56,608 56,391 +833 -217
------------------------------------------------------------------------------------
Subtotal................................................. 3,730,794 3,938,623 3,968,346 +237,552 +29,723
------------------------------------------------------------------------------------
Subtotal, Salaries and Expenses.......................... 8,145,568 8,326,386 8,320,391 +174,823 -5,995
Appropriations....................................... (8,142,294) (8,323,112) (8,317,117) (+174,823) (-5,995)
Harbor Maintenance Trust Fund........................ (3,274) (3,274) (3,274) ............... ...............
Small Airport User Fee (permanent indefinite discretionary 5,000 9,000 9,000 +4,000 ...............
appropriation)....................................................
Automation Modernization:
Information Technology......................................... 358,655 365,700 361,124 +2,469 -4,576
Automated Targeting Systems.................................... 116,932 109,273 109,230 -7,702 -43
Automated Commercial Environment/International Trade Data 140,762 141,061 140,970 +208 -91
System [ITDS].................................................
Current Operations Protection and Processing Support [COPPS]... 200,174 196,376 195,375 -4,799 -1,001
------------------------------------------------------------------------------------
Subtotal..................................................... 816,523 812,410 806,699 -9,824 -5,711
Border Security Fencing, Infrastructure, and Technology [BSFIT]:
Development and Deployment................................... 160,435 110,594 110,594 -49,841 ...............
Operations and Maintenance................................... 191,019 251,872 251,872 +60,853 ...............
------------------------------------------------------------------------------------
Subtotal................................................... 351,454 362,466 362,466 +11,012 ...............
Air and Marine Operations:
Salaries and Expenses\1\....................................... 286,818 293,016 290,900 +4,082 -2,116
Operations and Maintenance\1\.................................. 392,000 362,669 362,669 -29,331 ...............
Procurement.................................................... 126,250 53,000 53,000 -73,250 ...............
AMOC........................................................... ............... ............... ............... ............... ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 805,068 708,685 706,569 -98,499 -2,116
Construction and Facilities Management:
Facilities Construction and Sustainment........................ 375,398 385,137 383,900 +8,502 -1,237
Program Oversight and Management............................... 80,880 97,068 94,559 +13,679 -2,509
------------------------------------------------------------------------------------
Subtotal..................................................... 456,278 482,205 478,459 +22,181 -3,746
------------------------------------------------------------------------------------
Total, U.S. Customs and Border Protection Direct 10,579,891 10,701,152 10,683,584 +103,693 -17,568
Appropriations..............................................
====================================================================================
Fee Accounts:
Immigration Inspection User Fee................................ (598,552) (630,218) (630,218) (+31,666) ...............
Immigration Enforcement Fines.................................. (773) (752) (752) (-21) ...............
Electronic System for Travel Authorization Fee................. (55,168) (54,929) (54,929) (-239) ...............
Land Border Inspection Fee..................................... (42,941) (43,931) (43,931) (+990) ...............
COBRA Passenger Inspection Fee................................. (500,134) (482,501) (482,501) (-17,633) ...............
APHIS Inspection Fee........................................... (355,216) (464,514) (464,514) (+109,298) ...............
Global Entry User Fee.......................................... (34,835) (91,192) (91,192) (+56,357) ...............
Puerto Rico Collections........................................ (98,602) (98,076) (98,076) (-526) ...............
Virgin Island Fee.............................................. (11,302) (11,789) (11,789) (+487) ...............
Customs Unclaimed Goods........................................ (5,992) (5,992) (5,992) ............... ...............
------------------------------------------------------------------------------------
Subtotal, Fee Accounts....................................... (1,703,515) (1,883,894) (1,883,894) (+180,379) ...............
------------------------------------------------------------------------------------
Total, U.S. Customs and Border Protection.................... 12,283,406 12,585,046 12,567,478 +284,072 -17,568
Appropriations........................................... (10,579,891) (10,701,152) (10,683,584) (+103,693) (-17,568)
Fee Accounts............................................. (1,703,515) (1,883,894) (1,883,894) (+180,379) ...............
====================================================================================
U.S. Immigration and Customs Enforcement
Salaries and Expenses:
Headquarters Management and Administration:
Personnel Compensation and Benefits, Services and Other 191,909 198,602 197,002 +5,093 -1,600
Costs.....................................................
Headquarters Managed IT Investment......................... 143,808 150,927 150,419 +6,611 -508
------------------------------------------------------------------------------------
Subtotal................................................. 335,717 349,529 347,421 +11,704 -2,108
Legal Proceedings.............................................. 205,584 214,731 212,893 +7,309 -1,838
Investigations:
Domestic Investigations.................................... 1,672,220 1,644,552 1,642,811 -29,409 -1,741
International Investigations:
International Operations............................... 99,741 101,228 100,730 +989 -498
Visa Security Program.................................. 31,541 31,854 31,728 +187 -126
------------------------------------------------------------------------------------
Subtotal............................................. 131,282 133,082 132,458 +1,176 -624
------------------------------------------------------------------------------------
Subtotal, Investigations............................. 1,803,502 1,777,634 1,775,269 -28,233 -2,365
Intelligence................................................... 74,298 77,045 76,479 +2,181 -566
Enforcement and Removal Operations:
Custody Operations......................................... 1,993,770 1,791,913 1,870,444 -123,326 +78,531
Fugitive Operations........................................ 128,802 131,591 130,515 +1,713 -1,076
Criminal Alien Program..................................... 294,155 322,407 327,040 +32,885 +4,633
Alternatives to Detention.................................. 91,444 94,106 94,106 +2,662 ...............
Transportation and Removal Program......................... 276,925 229,109 302,790 +25,865 +73,681
------------------------------------------------------------------------------------
Subtotal................................................. 2,785,096 2,569,126 2,724,895 -60,201 +155,769
Secure Communities............................................. 25,264 ............... ............... -25,264 ...............
------------------------------------------------------------------------------------
Subtotal, Salaries and Expenses.............................. 5,229,461 4,988,065 5,136,957 -92,504 +148,892
Automation Modernization:
Automation modernization....................................... ............... 26,000 26,000 +26,000 ...............
IT Investment.................................................. 8,400 ............... ............... -8,400 ...............
TECS Modernization............................................. 23,000 ............... ............... -23,000 ...............
Electronic Health Records...................................... 3,500 ............... ............... -3,500 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 34,900 26,000 26,000 -8,900 ...............
Construction....................................................... 5,000 ............... ............... -5,000 ...............
------------------------------------------------------------------------------------
Total, U.S. Immigration and Customs Enforcement Direct 5,269,361 5,014,065 5,162,957 -106,404 +148,892
Appropriations..............................................
====================================================================================
Fee Accounts:
Immigration Inspection User Fee................................ (135,000) (135,000) (135,000) ............... ...............
Breached Bond/Detention Fund................................... (65,000) (65,000) (65,000) ............... ...............
Student Exchange and Visitor Fee............................... (145,000) (145,000) (145,000) ............... ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 345,000 345,000 345,000 ............... ...............
------------------------------------------------------------------------------------
Total, U.S. Immigration and Customs Enforcement.............. 5,614,361 5,359,065 5,507,957 -106,404 +148,892
Appropriations........................................... (5,269,361) (5,014,065) (5,162,957) (-106,404) (+148,892)
Fee Accounts............................................. (345,000) (345,000) (345,000) ............... ...............
====================================================================================
Transportation Security Administration
Aviation Security:
Screening Operations:
Screener Workforce:
Privatized Screening................................... 158,190 ............... ............... -158,190 ...............
Screener Personnel, Compensation, and Benefits......... 3,033,526 ............... ............... -3,033,526 ...............
------------------------------------------------------------------------------------
Subtotal............................................. 3,191,716 ............... ............... -3,191,716 ...............
Screener Training and Other................................ 226,857 ............... ............... -226,857 ...............
Checkpoint Support......................................... 103,309 ............... ............... -103,309 ...............
EDS/ETD Systems:
EDS Procurement and Installation....................... 73,845 ............... ............... -73,845 ...............
Screening Technology Maintenance....................... 298,509 ............... ............... -298,509 ...............
------------------------------------------------------------------------------------
Subtotal............................................. 372,354 ............... ............... -372,354 ...............
------------------------------------------------------------------------------------
Subtotal, Screening Operations....................... 3,894,236 ............... ............... -3,894,236 ...............
Aviation Security Direction and Enforcement:
Aviation Regulation and Other Enforcement.................. 354,437 ............... ............... -354,437 ...............
Airport Management and Support............................. 587,000 ............... ............... -587,000 ...............
Federal Flight Deck Officer and Flight Crew Training....... 24,730 ............... ............... -24,730 ...............
Air Cargo.................................................. 122,332 ............... ............... -122,332 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 1,088,499 ............... ............... -1,088,499 ...............
Aviation Security Capital Fund (mandatory)..................... (250,000) ............... ............... (-250,000) ...............
------------------------------------------------------------------------------------
Total, Aviation Security (gross)............................. 4,982,735 ............... ............... -4,982,735 ...............
====================================================================================
Aviation Security Fees (offsetting collections).................... -2,120,000 ............... ............... +2,120,000 ...............
------------------------------------------------------------------------------------
Total, Aviation Security (net, discretionary)................ 2,862,735 ............... ............... -2,862,735 ...............
====================================================================================
Aviation Security:
Screening Partnership Program.................................. ............... 154,572 160,226 +160,226 +5,654
Screener Personnel, Compensation, and Benefits................. ............... 2,952,868 2,947,939 +2,947,939 -4,929
Screener Training and Other.................................... ............... 226,290 225,707 +225,707 -583
Checkpoint Support............................................. ............... 103,469 88,469 +88,469 -15,000
EDS Procurement/Installation................................... ............... 84,075 74,000 +74,000 -10,075
Screening Technology Maintenance............................... ............... 294,509 294,509 +294,509 ...............
Aviation Regulation and Other Enforcement...................... ............... 348,653 338,653 +338,653 -10,000
Airport Management and Support................................. ............... 591,734 588,864 +588,864 -2,870
Federal Flight Deck Officer and Flight Crew Training........... ............... 20,000 20,000 +20,000 ...............
Air Cargo...................................................... ............... 106,920 106,343 +106,343 -577
Federal Air Marshals........................................... ............... 800,214 790,000 +790,000 -10,214
Aviation Security Capital Fund (mandatory)..................... ............... (250,000) (250,000) (+250,000) ...............
------------------------------------------------------------------------------------
Total, Aviation Security (gross)............................. ............... 5,683,304 5,634,710 +5,634,710 -48,594
====================================================================================
Aviation Security Fees (offsetting collections).................... ............... -2,080,000 -2,080,000 -2,080,000 ...............
Additional Offsetting Collections (leg. proposal).................. ............... -570,000 ............... ............... +570,000
------------------------------------------------------------------------------------
Total, Aviation Security (net, discretionary)................ ............... 3,033,304 3,554,710 +3,554,710 +521,406
====================================================================================
Surface Transportation Security:
Staffing and Operations........................................ 35,262 29,375 29,230 -6,032 -145
Surface Transportation Security Inspectors and VIPR................ 73,356 98,262 97,519 +24,163 -743
------------------------------------------------------------------------------------
Subtotal..................................................... 108,618 127,637 126,749 +18,131 -888
Intelligence and Vetting:
Intelligence................................................... ............... 51,801 51,545 +51,545 -256
Secure Flight.................................................. 93,202 112,543 99,569 +6,367 -12,974
Other Vetting Programs......................................... 83,287 68,182 68,052 -15,235 -130
TWIC Fee....................................................... (36,700) (34,832) (34,832) (-1,868) ...............
Hazardous Material Fee......................................... (12,000) (12,000) (12,000) ............... ...............
General Aviation at DCA Fee.................................... (350) (350) (350) ............... ...............
Commercial Aviation and Airport Fee............................ (6,500) (6,500) (6,500) ............... ...............
Other Security Threat Assessments Fee.......................... (50) (50) (50) ............... ...............
Air Cargo/Certified Cargo Screening Program Fee................ (5,400) (7,173) (7,173) (+1,773) ...............
TSA Precheck Application Program Fee........................... ............... (13,700) (13,700) (+13,700) ...............
Alien Flight School Fee........................................ (5,000) (5,000) (5,000) ............... ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 242,489 312,131 298,771 +56,282 -13,360
Direct Appropriations.................................... (176,489) (232,526) (219,166) (+42,677) (-13,360)
Fee Funded Programs...................................... (66,000) (79,605) (79,605) (+13,605) ...............
Transportation Security Support:
Headquarters Administration.................................... 272,250 275,891 274,619 +2,369 -1,272
Information Technology......................................... 441,000 451,920 446,498 +5,498 -5,422
Human Capital Services......................................... 204,250 204,215 202,620 -1,630 -1,595
Intelligence................................................... 44,561 ............... ............... -44,561 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 962,061 932,026 923,737 -38,324 -8,289
Federal Air Marshals:
Management and Administration.................................. 708,004 ............... ............... -708,004 ...............
Travel and Training............................................ 110,603 ............... ............... -110,603 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 818,607 ............... ............... -818,607 ...............
------------------------------------------------------------------------------------
Total, Transportation Security Administration................ 7,364,510 7,305,098 7,233,967 -130,543 -71,131
====================================================================================
Offsetting Collections............................................. (-2,120,000) (-2,650,000) (-2,080,000) (+40,000) (+570,000)
Aviation Security Capital Fund (mandatory)......................... (250,000) (250,000) (250,000) ............... ...............
Fee Funded Programs................................................ (66,000) (79,605) (79,605) (+13,605) ...............
------------------------------------------------------------------------------------
Total, Transportation Security Administration (net).......... 4,928,510 4,325,493 4,824,362 -104,148 +498,869
====================================================================================
Coast Guard
Operating Expenses:
Military Pay and Allowances.................................... 3,416,580 3,433,594 3,441,282 +24,702 +7,688
Civilian Pay and Benefits...................................... 782,874 787,372 781,517 -1,357 -5,855
Training and Recruiting........................................ 205,928 197,800 198,279 -7,649 +479
Operating Funds and Unit Level Maintenance..................... 1,034,650 991,919 1,004,119 -30,531 +12,200
Centrally Managed Accounts..................................... 319,135 335,262 335,556 +16,421 +294
Intermediate and Depot Level Maintenance....................... 1,012,840 1,003,786 1,010,865 -1,975 +7,079
St. Elizabeths Support......................................... 12,800 ............... ............... -12,800 ...............
Overseas Contingency Operations/ Global War on Terrorism....... 227,000 ............... 213,000 -14,000 +213,000
------------------------------------------------------------------------------------
Subtotal..................................................... 7,011,807 6,749,733 6,984,618 -27,189 +234,885
(Defense)................................................ (567,000) (340,000) (553,000) (-14,000) (+213,000)
(Nondefense)............................................. (6,444,807) (6,409,733) (6,431,618) (-13,189) (+21,885)
Environmental Compliance and Restoration........................... 13,164 13,214 13,197 +33 -17
Reserve Training................................................... 120,000 109,605 114,572 -5,428 +4,967
Acquisition, Construction, and Improvements:
Vessels:
Survey and Design--Vessel and Boats........................ 1,000 500 500 -500 ...............
Response Boat--Medium...................................... 10,000 ............... ............... -10,000 ...............
In-Service Vessel Sustainment.............................. 21,000 24,500 49,000 +28,000 +24,500
National Security Cutter................................... 629,000 638,000 638,000 +9,000 ...............
Offshore Patrol Cutter..................................... 23,000 20,000 20,000 -3,000 ...............
Fast Response Cutter....................................... 310,000 110,000 318,000 +8,000 +208,000
Cutter Small Boats......................................... 3,000 4,000 4,000 +1,000 ...............
Polar Ice Breaking Vessel.................................. 2,000 6,000 6,000 +4,000 ...............
Polar Icebreaker preservation.............................. ............... ............... 8,000 +8,000 +8,000
------------------------------------------------------------------------------------
Subtotal................................................. 999,000 803,000 1,043,500 +44,500 +240,500
Aircraft:
HH-60 Airframe Replacement................................. ............... ............... ............... ............... ...............
HC-144 Conversion/Sustainment.............................. 9,200 15,000 15,000 +5,800 ...............
HC-27J Conversion/Sustainment.............................. 24,900 15,000 15,000 -9,900 ...............
HC-130J Acquisition/Conversion/Sustainment................. 129,210 8,000 8,000 -121,210 ...............
HH-65 Conversion/Sustainment............................... 12,000 30,000 30,000 +18,000 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 175,310 68,000 68,000 -107,310 ...............
Other Acquisition Programs:
Program Oversight and Management........................... 10,000 18,000 18,000 +8,000 ...............
Systems Engineering and Integration........................ 204 ............... ............... -204 ...............
C4ISR...................................................... 40,226 36,300 36,300 -3,926 ...............
CG-Logistics Information Management System................. 1,500 3,000 3,000 +1,500 ...............
Nationwide Automatic Identification System................. 13,000 ............... ............... -13,000 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 64,930 57,300 57,300 -7,630 ...............
Shore Facilities and Aids to Navigation:
Major Construction; Housing; ATON; and Survey and Design... 2,000 19,580 19,580 +17,580 ...............
Major Acquisition Systems Infrastructure................... ............... 16,000 16,000 +16,000 ...............
Minor Shore................................................ 3,000 5,000 5,000 +2,000 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 5,000 40,580 40,580 +35,580 ...............
Military Housing................................................... 18,000 ............... 6,000 -12,000 +6,000
Personnel and Related Support:
Direct Personnel Costs..................................... 112,956 115,313 114,996 +2,040 -317
Core Acquisition Costs..................................... 439 ............... ............... -439 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 113,395 115,313 114,996 +1,601 -317
------------------------------------------------------------------------------------
Subtotal, Acquisition, Construction, and Improvements.... 1,375,635 1,084,193 1,330,376 -45,259 +246,183
Research, Development, Test, and Evaluation........................ 19,200 17,947 17,892 -1,308 -55
Health Care Fund Contribution (permanent indefinite discretionary 201,000 176,970 176,970 -24,030 ...............
appropriation)....................................................
Retired Pay (mandatory)............................................ 1,460,000 1,576,000 1,576,000 +116,000 ...............
------------------------------------------------------------------------------------
Total, Coast Guard........................................... 10,200,806 9,727,662 10,213,625 +12,819 +485,963
Appropriations........................................... (9,973,806) (9,727,662) (10,000,625) (+26,819) (+272,963)
Overseas Contingency Operations/Global War on Terrorism.. (227,000) ............... (213,000) (-14,000) (+213,000)
====================================================================================
United States Secret Service
Salaries and Expenses:
Protection:
Protection of Persons and Facilities....................... 848,263 874,885 867,685 +19,422 -7,200
Protective Intelligence Activities......................... 67,165 68,234 67,536 +371 -698
National Special Security Event Fund....................... 4,500 4,500 4,500 ............... ...............
Presidential Candidate Nominee Protection.................. ............... 25,500 25,500 +25,500 ...............
------------------------------------------------------------------------------------
Subtotal................................................. 919,928 973,119 965,221 +45,293 -7,898
Investigations:
Domestic Field Operations.................................. 329,291 332,395 332,795 +3,504 +400
International Field Office Administration, Operations and 30,811 34,361 34,195 +3,384 -166
Training..................................................
Support for Missing and Exploited Children................. 8,366 ............... 8,366 ............... +8,366
------------------------------------------------------------------------------------
Subtotal................................................. 368,468 366,756 375,356 +6,888 +8,600
Headquarters, Management and Administration.................... 188,964 189,191 188,380 -584 -811
Rowley Training Center......................................... 55,118 55,868 55,378 +260 -490
Information Integration and Technology Transformation.......... 1,019 1,036 1,025 +6 -11
------------------------------------------------------------------------------------
Subtotal, Salaries and Expenses.............................. 1,533,497 1,585,970 1,585,360 +51,863 -610
Acquisition, Construction, Improvements, and Related Expenses:
Facilities..................................................... 5,380 5,380 5,380 ............... ...............
Information Integration and Technology Transformation.......... 46,395 44,555 44,555 -1,840 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 51,775 49,935 49,935 -1,840 ...............
------------------------------------------------------------------------------------
Total, United States Secret Service.......................... 1,585,272 1,635,905 1,635,295 +50,023 -610
====================================================================================
Total, title II, Security, Enforcement, and Investigations... 32,563,840 31,404,277 32,519,823 -44,017 +1,115,546
Appropriations........................................... (32,336,840) (31,404,277) (32,306,823) (-30,017) (+902,546)
Overseas Contingency Operations/Global War on Terrorism.. (227,000) ............... (213,000) (-14,000) (+213,000)
(Fee Accounts)............................................... (2,114,515) (2,308,499) (2,308,499) (+193,984) ...............
====================================================================================
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
Management and Administration:
Administrative Activities...................................... 56,499 65,910 64,565 +8,066 -1,345
Infrastructure Protection and Information Security:
Infrastructure Protection:
Infrastructure Analysis and Planning....................... 63,134 63,999 68,373 +5,239 +4,374
Sector Management and Governance........................... 62,562 63,136 62,961 +399 -175
Regional Field Operations.................................. 56,550 57,034 56,886 +336 -148
Infrastructure Security Compliance......................... 81,000 86,976 86,727 +5,727 -249
------------------------------------------------------------------------------------
Subtotal, Infrastructure Protection...................... 263,246 271,145 274,947 +11,701 +3,802
Cybersecurity and Communications:
Cybersecurity:
Cybersecurity Coordination............................. 4,320 4,330 4,311 -9 -19
US Computer Emergency Readiness Team [US-CERT] 102,000 98,794 98,573 -3,427 -221
Operations............................................
Federal Network Security............................... 199,725 171,500 171,418 -28,307 -82
Network Security Deployment............................ 382,252 377,690 377,567 -4,685 -123
Global Cybersecurity Management........................ 25,892 17,613 25,893 +1 +8,280
Critical Infrastructure Cyber Protection and Awareness. 73,013 70,963 74,054 +1,041 +3,091
Business Operations.................................... 5,089 5,554 5,524 +435 -30
------------------------------------------------------------------------------------
Subtotal, Cybersecurity.............................. 792,291 746,444 757,340 -34,951 +10,896
Communications:
Office of Emergency Communications..................... 37,450 36,480 37,335 -115 +855
Priority Telecommunications Services................... 53,372 53,381 53,324 -48 -57
Next Generation Networks............................... 21,158 69,571 69,559 +48,401 -12
Programs to Study and Enhance Telecommunications....... 10,074 10,106 10,092 +18 -14
Critical Infrastructure Protection Programs............ 9,409 10,439 10,403 +994 -36
------------------------------------------------------------------------------------
Subtotal, Communications............................. 131,463 179,977 180,713 +49,250 +736
------------------------------------------------------------------------------------
Subtotal, Cybersecurity and Communications........... 923,754 926,421 938,053 +14,299 +11,632
------------------------------------------------------------------------------------
Subtotal, Infrastructure Protection and Information 1,187,000 1,197,566 1,213,000 +26,000 +15,434
Security............................................
Federal Protective Service:
Basic Security................................................. 271,540 275,763 275,763 +4,223 ...............
Building-specific Security..................................... 509,056 600,615 600,615 +91,559 ...............
Reimbursable Security Fees (Contract Guard Services)........... 521,228 466,228 466,228 -55,000 ...............
------------------------------------------------------------------------------------
Subtotal, Federal Protective Service......................... 1,301,824 1,342,606 1,342,606 +40,782 ...............
Offsetting Collections......................................... -1,301,824 -1,342,606 -1,342,606 -40,782 ...............
Office of Biometric Identity Management............................ 227,108 251,584 249,142 +22,034 -2,442
------------------------------------------------------------------------------------
Total, National Protection and Programs Directorate (gross).. 2,772,431 2,857,666 2,869,313 +96,882 +11,647
Offsetting Collections................................... (-1,301,824) (-1,342,606) (-1,342,606) (-40,782) ...............
Total, National Protection and Programs Directorate 1,470,607 1,515,060 1,526,707 +56,100 +11,647
(net).................................................
====================================================================================
Office of Health Affairs
BioWatch........................................................... 85,277 84,651 84,651 -626 ...............
National Biosurveillance Integration Center........................ 10,000 8,000 8,000 -2,000 ...............
Chemical Defense Program........................................... 824 824 824 ............... ...............
Planning and Coordination.......................................... 4,995 4,995 4,995 ............... ...............
Salaries and Expenses.............................................. 25,667 27,297 26,148 +481 -1,149
------------------------------------------------------------------------------------
Total, Office of Health Affairs.............................. 126,763 125,767 124,618 -2,145 -1,149
====================================================================================
Federal Emergency Management Agency
Salaries and Expenses:
Administrative and Regional Offices............................ 249,855 245,218 244,183 -5,672 -1,035
Office of National Capital Region Coordination............. (3,400) ............... (3,400) ............... (+3,400)
Preparedness and Protection.................................... 173,406 185,000 184,659 +11,253 -341
Response....................................................... 178,692 167,376 174,586 -4,106 +7,210
Urban Search and Rescue Response System.................... (35,180) (27,513) (35,180) ............... (+7,667)
Recovery....................................................... 55,121 56,030 55,789 +668 -241
Response and Recovery.......................................... ............... ............... ............... ............... ...............
Mitigation..................................................... 27,858 25,782 27,738 -120 +1,956
Mission Support................................................ 151,744 141,809 145,316 -6,428 +3,507
Centrally Managed Accounts..................................... 110,306 103,449 103,449 -6,857 ...............
------------------------------------------------------------------------------------
Subtotal, Salaries and Expenses.............................. 946,982 924,664 935,720 -11,262 +11,056
(Defense)................................................ (74,000) (76,000) (76,000) (+2,000) ...............
(Nondefense)............................................. (872,982) (848,664) (859,720) (-13,262) (+11,056)
Grants and Training:
State and Local Programs:
State Homeland Security Grant Program...................... 466,346 ............... 467,000 +654 +467,000
Operation Stonegarden.................................. (55,000) ............... (55,000) ............... (+55,000)
Urban Area Security Initiative............................. 600,000 ............... 600,000 ............... +600,000
Nonprofit Security Grants.............................. (13,000) ............... (13,000) ............... (+13,000)
Public Transportation Security Assistance and Railroad 100,000 ............... 100,000 ............... +100,000
Security Assistance.......................................
Amtrak Security........................................ (10,000) ............... (10,000) ............... (+10,000)
Over-Road Bus Security................................. ............... ............... ............... ............... ...............
Port Security Grants....................................... 100,000 ............... 100,000 ............... +100,000
------------------------------------------------------------------------------------
Subtotal, Discretionary Grants........................... 1,266,346 ............... 1,267,000 +654 +1,267,000
Education, Training, and Exercises:
Emergency Management Institute......................... 20,569 ............... 20,569 ............... +20,569
Center for Domestic Preparedness....................... 64,991 ............... 64,991 ............... +64,991
National Domestic Preparedness Consortium.............. 98,000 ............... 98,000 ............... +98,000
National Exercise Program.............................. 21,094 ............... 19,919 -1,175 +19,919
Continuing Training.................................... 29,000 ............... 29,521 +521 +29,521
------------------------------------------------------------------------------------
Subtotal............................................. 233,654 ............... 233,000 -654 +233,000
National Preparedness Grant Program........................ ............... 1,043,200 ............... ............... -1,043,200
First Responder Assistance Program:
Emergency Management Performance Grants................ ............... 350,000 ............... ............... -350,000
Fire Grants............................................ ............... 335,000 ............... ............... -335,000
Staffing for Adequate Fire and Emergency Response ............... 335,000 ............... ............... -335,000
[SAFER] Act Grants....................................
Training Partnership Grants............................ ............... 60,000 ............... ............... -60,000
Education, Training and Exercises...................... ............... 102,269 ............... ............... -102,269
------------------------------------------------------------------------------------
Subtotal, First Responder Assistance Program......... ............... 1,182,269 ............... ............... -1,182,269
------------------------------------------------------------------------------------
Subtotal, State and Local Programs................... 1,500,000 2,225,469 1,500,000 ............... -725,469
(Defense).............................................. ............... ............... ............... ............... ...............
(Nondefense)........................................... (1,500,000) (2,225,469) (1,500,000) ............... (-725,469)
Firefighter Assistance Grants:
Fire Grants................................................ 340,000 ............... 340,000 ............... +340,000
Staffing for Adequate Fire and Emergency Response [SAFER] 340,000 ............... 340,000 ............... +340,000
Act Grants................................................
------------------------------------------------------------------------------------
Subtotal................................................. 680,000 ............... 680,000 ............... +680,000
Emergency Management Performance Grants........................ 350,000 ............... 350,000 ............... +350,000
------------------------------------------------------------------------------------
Subtotal, Grants and Training................................ 2,530,000 2,225,469 2,530,000 ............... +304,531
Radiological Emergency Preparedness Program........................ -1,272 -1,815 -1,815 -543 ...............
United States Fire Administration.................................. 44,000 41,407 44,000 ............... +2,593
Disaster Relief Fund:
Base Disaster Relief........................................... 594,522 595,672 595,672 +1,150 ...............
Disaster Relief Category....................................... 5,626,386 6,437,793 6,437,793 +811,407 ...............
------------------------------------------------------------------------------------
Subtotal, Disaster Relief Fund............................... 6,220,908 7,033,465 7,033,465 +812,557 ...............
Flood Hazard Mapping and Risk Analysis Program..................... 95,202 84,403 100,000 +4,798 +15,597
National Flood Insurance Fund:
Salaries and Expenses.......................................... 22,000 23,759 23,759 +1,759 ...............
Flood Plain Management and Mapping............................. 154,300 155,535 155,535 +1,235 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 176,300 179,294 179,294 +2,994 ...............
Offsetting Fee Collections..................................... -176,300 -179,294 -179,294 -2,994 ...............
National Predisaster Mitigation Fund............................... 25,000 ............... 25,000 ............... +25,000
Emergency Food and Shelter......................................... 120,000 100,000 100,000 -20,000 ...............
------------------------------------------------------------------------------------
Total, Federal Emergency Management Agency................... 9,980,820 10,407,593 10,766,370 +785,550 +358,777
(Appropriations)......................................... (4,354,434) (3,969,800) (4,328,577) (-25,857) (+358,777)
(Disaster Relief Category)............................... (5,626,386) (6,437,793) (6,437,793) (+811,407) ...............
====================================================================================
Total, title III, Protection, Preparedness, Response and 11,578,190 12,048,420 12,417,695 +839,505 +369,275
Recovery Directorate........................................
Appropriations........................................... (5,951,804) (5,610,627) (5,979,902) (+28,098) (+369,275)
Disaster Relief Category................................. (5,626,386) (6,437,793) (6,437,793) (+811,407) ...............
====================================================================================
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
Appropriations:
E-Verify Program............................................... 113,889 124,755 124,435 +10,546 -320
Immigrant Integration Programs................................. ............... 10,000 ............... ............... -10,000
------------------------------------------------------------------------------------
Subtotal..................................................... 113,889 134,755 124,435 +10,546 -10,320
Fee Accounts:
Adjudication Services:
District Operations........................................ (1,544,380) (1,539,859) (1,594,400) (+50,020) (+54,541)
(Immigrant Integration Grants)......................... (7,500) ............... ............... (-7,500) ...............
Service Center Operations.................................. (578,393) (542,449) (614,851) (+36,458) (+72,402)
Asylum, Refugee and International Operations............... (236,710) (238,755) (232,374) (-4,336) (-6,381)
Records Operations......................................... (94,039) (93,209) (110,035) (+15,996) (+16,826)
Business Transformation.................................... (183,464) (184,923) (194,923) (+11,459) (+10,000)
------------------------------------------------------------------------------------
Subtotal................................................. 2,636,986 2,599,195 2,746,583 +109,597 +147,388
Information and Customer Services:
Operating Expenses......................................... (96,409) (98,868) (109,416) (+13,007) (+10,548)
Administration:
Operating Expenses......................................... (339,421) (342,308) (376,553) (+37,132) (+34,245)
Systematic Alien Verification for Entitlements [SAVE].......... (29,937) (30,259) (24,823) (-5,114) (-5,436)
------------------------------------------------------------------------------------
Subtotal, Fee Accounts....................................... 3,102,753 3,070,630 3,257,375 +154,622 +186,745
H1-B Visa Fee Account:
Adjudication Services:
Service Center Operations.................................. ............... (13,500) ............... ............... (-13,500)
H1-B and L Fraud Prevention Fee Account:
Adjudication Services:
District Operations........................................ ............... (26,044) ............... ............... (-26,044)
Asylum and Refugee Operating Expenses...................... ............... (310) ............... ............... (-310)
Service Center Operations.................................. ............... (14,646) ............... ............... (-14,646)
------------------------------------------------------------------------------------
Subtotal................................................. ............... 41,000 ............... ............... -41,000
------------------------------------------------------------------------------------
Total, Fee Accounts...................................... 3,102,753 3,125,130 3,257,375 +154,622 +132,245
====================================================================================
Total, United States Citizenship and Immigration Services (3,216,642) (3,259,885) (3,381,810) (+165,168) (+121,925)
Appropriations........................................... (113,889) (134,755) (124,435) (+10,546) (-10,320)
Fee Accounts............................................. (3,102,753) (3,125,130) (3,257,375) (+154,622) (+132,245)
====================================================================================
(Immigration Examination Fee Account).............................. (3,048,753) (3,070,630) (3,202,875) (+154,122) (+132,245)
(H1-B Visa Fee Account)............................................ (13,000) (13,500) (13,500) (+500) ...............
(H1-B and L Fraud Prevention Fee Account).......................... (41,000) (41,000) (41,000) ............... ...............
Federal Law Enforcement Training Center
Salaries and Expenses:
Law Enforcement Training....................................... 198,317 202,122 201,364 +3,047 -758
Management and Administration.................................. 28,228 28,337 28,144 -84 -193
Accreditation.................................................. 1,300 1,295 1,289 -11 -6
------------------------------------------------------------------------------------
Subtotal..................................................... 227,845 231,754 230,797 +2,952 -957
Acquisitions, Construction, Improvements, and Related Expenses..... 30,885 27,841 27,841 -3,044 ...............
------------------------------------------------------------------------------------
Total, Federal Law Enforcement Training Center............... 258,730 259,595 258,638 -92 -957
====================================================================================
Science and Technology
Management and Administration...................................... 129,000 130,147 129,555 +555 -592
Research, Development, Acquisition, and Operations:
Research, Development, and Innovation.......................... 462,000 433,788 425,552 -36,448 -8,236
Laboratory Facilities.......................................... 547,785 435,180 435,180 -112,605 ...............
Acquisition and Operations Support............................. 41,703 41,703 41,703 ............... ...............
University Programs............................................ 39,724 31,000 39,500 -224 +8,500
------------------------------------------------------------------------------------
Subtotal..................................................... 1,091,212 941,671 941,935 -149,277 +264
------------------------------------------------------------------------------------
Total, Science and Technology................................ 1,220,212 1,071,818 1,071,490 -148,722 -328
====================================================================================
Domestic Nuclear Detection Office
Management and Administration...................................... 37,353 37,494 37,339 -14 -155
Research, Development, and Operations:
Systems Engineering and Architecture........................... 21,000 17,924 17,000 -4,000 -924
Systems Development............................................ 21,000 22,000 21,400 +400 -600
Transformational Research and Development...................... 71,102 69,500 69,000 -2,102 -500
Assessments.................................................... 39,300 38,079 38,000 -1,300 -79
Operations Support............................................. 30,200 31,565 31,000 +800 -565
National Technical Nuclear Forensics Center.................... 22,700 20,000 20,000 -2,700 ...............
------------------------------------------------------------------------------------
Subtotal..................................................... 205,302 199,068 196,400 -8,902 -2,668
Systems Acquisition:
Radiation Portal Monitor Program............................... 7,000 5,000 5,000 -2,000 ...............
Securing the Cities............................................ 22,000 12,000 19,000 -3,000 +7,000
Human Portable Radiation Detection Systems..................... 13,600 50,861 48,603 +35,003 -2,258
------------------------------------------------------------------------------------
Subtotal..................................................... 42,600 67,861 72,603 +30,003 +4,742
------------------------------------------------------------------------------------
Total, Domestic Nuclear Detection Office..................... 285,255 304,423 306,342 +21,087 +1,919
====================================================================================
Total, title IV, Research and Development, Training, and 1,878,086 1,770,591 1,760,905 -117,181 -9,686
Services....................................................
(Fee Accounts)............................................... (3,102,753) (3,125,130) (3,257,375) (+154,622) (+132,245)
====================================================================================
TITLE V--GENERAL PROVISIONS
Financial Systems Modernization.................................... 29,548 ............... 39,500 +9,952 +39,500
Columbia Free Trade Act Collections................................ 110,000 138,000 138,000 +28,000 ...............
U.S. Coast Guard AC&I (rescission) (Public Law 112-10)............. -35,500 ............... -2,550 +32,950 -2,550
U.S. Coast Guard AC&I (rescission) (Public Law 112-74)............. -79,300 ............... -11,980 +67,320 -11,980
U.S. Coast Guard AC&I (rescission) (Public Law 113-6).............. -19,879 ............... -9,469 +10,410 -9,469
CBP OAM (rescission) (Public Law 113-76)........................... ............... ............... -8,000 -8,000 -8,000
TSA Aviation Security (rescission) (Public Law 113-76)............. ............... ............... -102,000 -102,000 -102,000
U.S. Coast Guard AC&I (rescission) (Public Law 113-76)............. ............... ............... -16,500 -16,500 -16,500
Science and Technology, Research, Development, Acquisition, and ............... ............... -14,000 -14,000 -14,000
Operations, Account 70x0800 (rescission)..........................
Treasury Asset Forfeiture Fund (rescission)........................ -100,000 ............... -200,000 -100,000 -200,000
Rescission of Legacy Funds......................................... -4,657 ............... -1,494 +3,163 -1,494
FEMA unobligated balances (rescission)............................. -300,522 -200,000 -310,000 -9,478 -110,000
U-Visa immigration proposal........................................ ............... 13,000 ............... ............... -13,000
COBRA Passenger Inspection Fee (leg. proposal)..................... ............... (212,000) ............... ............... (-212,000)
IUF Fee (leg. proposal)............................................ ............... (229,000) (196,000) (+196,000) (-33,000)
U.S. Coast Guard AC&I (rescission) (Public Law 111-83)............. -14,500 ............... ............... +14,500 ...............
DHS Consolidated Headquarters Project.............................. 35,000 ............... 48,600 +13,600 +48,600
Data Center Migration.............................................. 42,200 ............... ............... -42,200 ...............
USCIS Immigrant Integration Grants................................. 2,500 ............... ............... -2,500 ...............
TSA Aviation Security (rescission) (Public Law 113-6).............. -35,000 ............... ............... +35,000 ...............
TSA Aviation Security (70x0550) (rescission)....................... -2,000 ............... -15,300 -13,300 -15,300
TSA Surface Transportation Security (rescission) (Public Law 113-6) -20,000 ............... ............... +20,000 ...............
CBP construction and facilities management (rescission)............ ............... ............... -12,500 -12,500 -12,500
TSA Research and Development (rescission).......................... -977 ............... ............... +977 ...............
CBP BSFIT unobligated balance (rescission)......................... -67,498 ............... -27,300 +40,198 -27,300
Rescission of Unobligated Balances (nondefense).................... -13,593 ............... ............... +13,593 ...............
====================================================================================
Total, title V, General Provisions........................... -474,178 -49,000 -504,993 -30,815 -455,993
Fee Accounts............................................. ............... (441,000) (196,000) (+196,000) (-245,000)
Appropriations........................................... (219,248) (151,000) (226,100) (+6,852) (+75,100)
Rescissions.............................................. (-693,426) (-200,000) (-731,093) (-37,667) (-531,093)
====================================================================================
Grand Total.................................................. 46,583,386 46,346,037 47,226,793 +643,407 +880,756
Appropriations........................................... (41,423,426) (40,108,244) (41,307,093) (-116,333) (+1,198,849)
Rescissions.............................................. (-693,426) (-200,000) (-731,093) (-37,667) (-531,093)
Overseas Contingency Operations/Global War on Terrorism.. (227,000) ............... (213,000) (-14,000) (+213,000)
Disaster Relief Category................................. (5,626,386) (6,437,793) (6,437,793) (+811,407) ...............
(Fee Funded Programs).............................................. (5,217,268) (5,874,629) (5,761,874) (+544,606) (-112,755)
(By transfer)...................................................... (24,000) (24,000) (24,000) ............... ...............
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\1\Includes fiscal year 2014 enacted and fiscal year 2015 request for AMOC