(Updated September 28, 2006)
H.R. 5441
Department of Homeland Security Appropriations Act for Fiscal Year 2007
Conference Report
Floor Situation
The House is scheduled to consider the Conference Report to H.R. 5441 , pursuant to a rule, on
Friday, September 29, 2006.
On Thursday, September 28, 2006 the Rules Committee granted a closed rule that:
Summary
The conference agreement provides $34.8 billion for operations and activities of the Department of Homeland Security (DHS) in fiscal year 2007, an increase of $2.3 billion above fiscal year 2006 and $2.7 billion above the President’s request (includes $1.8 in emergency spending).
Border Security and Immigration Reform
The agreement provides $21.3 billion for border protection, immigration
enforcement, and related activities, +$2.1 billion over FY 2006. This includes
$5.2 billion for the Secure Border Initiative. Highlights include:
- $2.27 billion for border patrol, adding 1,500 new Border Patrol agents, for a
total of 14,800;
- $1.2 billion for border fencing, vehicle barriers, technology and
infrastructure;
- $4.2 billion for Immigration and Customs Enforcement (ICE);
- $3.1 billion for the Coast Guard’s homeland security missions;
- $1.38 billion for ICE custody operations, adding 6,700 detention beds, for a
total of 27,500;
- $28.2 million to assist state and local efforts to enforce immigration law;
- $238 million for transportation and removal of undocumented aliens;
- $600 million for Air and Marine Operations for border and airspace security;
- $183 million for a total of 75 fugitive operations teams nation-wide, an
increase of 23;
- $137 million for the Criminal Alien Program;
- $44 million for Alternatives to Detention;
- $362 million for the US-VISIT program; and
- $135 million to support immigration verification systems.
Includes Senate provision criminalizing the creation of tunnels to illegally
cross U.S. borders. Provision is identical to legislation which passed the House
unanimously last week.
Port, Container, and Cargo Security
The agreement provides $4.34 billion, +$600 million over FY 2006. Performance
requirements mandate a strategy to double the amount of cargo currently
inspected, screen 100% of cargo through the Automated Targeting System, and
establish minimum security standards for cargo containers. The agreement further
requires DHS to maintain a 100% manifest review rate at all CSI ports; a 100%
validation rate of all C-TPAT participants; and doubling the amount of cargo
entering the U.S. screened for radiation. Highlights include:
- $2.05 billion for Coast Guard port and waterway security operations;
- $1.435 billion for CBP cargo inspection and trade operations, including 450
new CBP officers;
- $139 million for Container Security Initiative, expanding the program to 58
foreign seaports;
- $241 million for non-intrusive inspection equipment;
- $55 million for C-TPAT, supporting 100% validation of over 6,070 certified
partners;
- $178 million for radiation portal monitors;
- $15 million to increase port facility and vessel inspections domestically and
overseas;
- $210 million for port security grants;
- $23 million for Science & Technology’s Cargo Security Program.
Funding for State and Local First Responders
The agreement provides $3.4 billion for first responders, including grants to
high threat areas, firefighters, and emergency management. Since September 11th,
2001, and including funds in this agreement, $37.6 billion has been provided to
first responders – including terrorism prevention and preparedness, general law
enforcement, firefighter assistance, airport security, seaport security, and
public health preparedness. The agreement maintains current law for all formula
grants. Highlights include:
- $1.229 billion for high risk area grants, including $770 million for urban
area grants, $175 million for rail security, $210 million for port security, and
$74 million for other infrastructure protection;
- $525 million for basic formula grants;
- $547 million for firefighter grants and $115 million for the SAFER program;
- $375 million for state and local law enforcement terrorism prevention grants;
- $200 million for Emergency Management Performance Grants; and
- $352 million for First Responder training, exercise, and assistance programs.
Funding for Federal Disaster Response and Implementing Katrina Lessons
Learned
The agreement provides a total of $6.5 billion for the Preparedness Directorate
and FEMA to prepare for and respond to any form of disaster or terrorist attack
and includes funds and direction to address lessons learned from the 2005
hurricane season. Highlights include:
- $1.5 billion for Disaster Relief;
- $526 million for FEMA’s operational capability;
- $196 million for flood map modernization; and
Creates a new, independent appropriation for the Federal Coordinator for Gulf
Coast Rebuilding to ensure accountability for federal rebuilding efforts in the
Gulf Coast.
Includes comprehensive structural overhaul of FEMA which would elevate the
status of the Director and require that the Director have extensive emergency
response and crisis management experience, prevent the diversion of FEMA funds
to other agencies, require better and clearer coordination between federal,
state and local emergency preparedness entities.
Protecting the Nation’s Critical Infrastructure
Highlights include:
- $69 million for critical infrastructure identification and evaluation;
- $101 million for critical infrastructure outreach and partnerships with
industry;
- $481 million for the Domestic Nuclear Detection Office to coordinate global
nuclear detection and tracking;
- $32 million for protective actions; and
- $496 million for biological, chemical and explosives countermeasures.
Includes a provision authorizing the Secretary of Homeland Security to regulate
high-risk chemical facilities.
Transportation Security
In total, the agreement provides $6.3 billion – partially offset by fees – for
TSA and Federal Air Marshals (FAMs). Highlights include:
- $2.6 billion for passenger and baggage screeners;
- $244 million for the training of airport screeners;
- $524 million to procure, install, maintain and refurbish explosive detection
systems;
- $173 million to procure, install, and maintain technologies at passenger
screening checkpoints;
- $55 million for air cargo;
- $13.2 million for rail security inspectors and explosive detection canines;
and
- $714 million for FAMs, ensuring mission coverage on both domestic and
international flights.
Supporting Traditional Missions such as Drug Interdiction, Law Enforcement,
Maritime Safety, and Presidential Protection
- $2.4 billion for traditional Coast Guard operating activities, including
maritime safety, drug interdiction, and fisheries, environmental, and
humanitarian missions;
- $1.065 billion for the Coast Guard’s Deepwater program;
- $1.27 billion for the U.S. Secret Service including enhancement of the
agency’s protective and investigative capabilities;
- $46 million for the U.S. Fire Administration; and
- $274 million for the Federal Law Enforcement Training Center.
Key Oversight Provisions and Other Items
The conferees fence $1.6 billion from spending until DHS meets certain planning
and management requirements.
Includes compromise language that would allow an individual to physically
transport non-narcotic prescription drugs from Canada for their personal use.
Modifies Senate provision delaying Western Hemisphere Travel Initiative until
certain conditions are met.
Requires DHS to develop a comprehensive strategic plan for port, cargo and
container security and the Secure Border Initiative.
Requires expenditure plans for the SBInet border security system, US-VISIT,
Federal Protective Service, business transformation for CIS, explosive detection
systems in airports, Customs IT systems, and overall better financial data
throughout the Department - in particular Science and Technology.
The Committee directs the Preparedness Directorate and FEMA to improve its
capabilities in communications, training, capabilities assessments, incident
management, logistics, emergency housing, debris removal, and victim
registration.
Legislative History
H.R. 5441 was introduced by Rep. Rogers
(KY) on May 22, 2006. The bill was reported from the Appropriations
Committee as an original measure, and House Report
109-476 was filed on May 22, 2006.
On June 6, 2006, the House passed H.R. 5411 by
a recorded vote of 398-9 (Roll
no. 226). The bill passed the Senate, with an amendment, on July 13 by a
recorded vote of 100-0 (Record
Vote Number: 203). On September 25,
2006, Conferees agreed to file conference report.
For additional information or
questions, please contact the
Appropriations Committee at 5-2771.