(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:

• Waives all points of order against the conference report to accompany H.R. 5441 and against its consideration.
• Provides that the conference report shall be considered as read.

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.