Summary

 

S. 1644, the Fiscal Year 2008 Department of Homeland Security Appropriations bill, would appropriate $37.6 billion in budget authority for homeland security programs for Fiscal Year 2008.  This amount represents an increase of $2.2 billion over the President’s budget request and $2.8 billion more than the amount appropriated for Fiscal Year 2007, excluding emergency supplemental appropriations.  The President asserted that his budget included an eight percent increase over Fiscal Year 2007 however it actually would provide an increase of only 1.7 percent over Fiscal Year 2007.  Appropriations recommended by the committee for S. 1644 would provide an actual increase of 8 percent over last year’s funding level.

 

                                                                       

Major Provisions

 

Title I: Departmental Management and Operations

 

Title I funds administrative expenses of the Department of Homeland Security, including the Office of the Secretary, Executive Management offices, the Department-wide Technology Investments Account, and the Office of the Inspector General. 

 

The bill would provide $1.1038 billion for departmental management and operations, an increase of $84.6 million over the Fiscal Year 2007 level and $325.2 million more than the House-approved legislation.  The proposed funding includes $31.1 million for the Office of Policy, $5.1 million for the Privacy Officer, $13.7 million for the Office of Civil Rights and Liberties, $6.1 million for the Citizenship and Immigration Services Ombudsman, $88 million to begin consolidation of a new headquarters for the Department at the St. Elizabeths campus in Washington, D.C., and $95.2 million for the Inspector General’s office.

 

Title I Funding: Departmental Management and Operations

	$ millions	Fiscal Year 2008 ($ millions)
Program	FY 2007 Enacted	Admin. Request	H.R. 2638 (House)	S. 1644 (Senate)
Title I (subtotal)	1,019	1,097	1,025	1,104

Source: Senate Appropriations Committee Report 110-84 and House Appropriations Committee Report 110-81

 

 

Title II: Security, Enforcement, and Investigations

 

The bill would allocate $26.914 billion for security, enforcement, and investigations.  This amount represents an increase of $1.783 billion over Fiscal Year 2007 levels, and an increase of $498.6 billion above President Bush’s request. 

 

United States Visitor and Immigration Status Indicator Technology (US VISIT).  The bill would provide $399.5 million to continue the development of the US VISIT system, which is designed to collect, maintain, and share appropriate information through an integrated technology system to determine the eligibility of aliens for admissions and benefits.  The US VISIT program office holds the lead responsibility for working with the FBI to continue to develop interoperability between the Automated Biometric Identification System (IDENT) and the FBI’s Integrated Automated Fingerprint Identification System.  The total amount is $62.9 above Fiscal Year 2006 funding and $37 million more than the amount approved by the House. 

 

U.S. Customs and Border Protection (CBP).  CBP is responsible for security efforts at and between ports-of-entry along U.S. borders, including inspection of people and goods and maintenance of border crossing stations.  A total of $10.2 billion (including estimated fee collections of $1.38 billion) is provided for CBP.  This amount is $924.8 million more than the amount enacted in Fiscal Year 2007 and $58.2 million more than the amount requested in President Bush’s budget. 

 

The bill would fully fund the President’s request for resources for improving border security and immigration enforcement, which includes the hiring of 3,000 new Border Patrol agents (for a total of 17,819 by the end of Fiscal Year 2008) and $1 billion for border fencing, infrastructure, and technology.

 

U.S. Immigration and Customs Enforcement (ICE).  ICE is responsible for enforcement of immigration and customs laws within the United States; for detaining and removing deportable or inadmissible illegal immigrants; and for providing security for federal buildings and property.  The bill would provide $4.432 billion (excluding estimated fee collections of $846.5 million) for ICE.  This amount is $474.6 million more than was enacted in Fiscal Year 2007 and $264.9 million more than President Bush’s budget request.  The bill would provide the following:

 

•                     $1.518 billion for investigations;

 

•                     $52 million for intelligence;

 

•                     $2.306 billion for detention and removal operations;

 

•                     $613 million for the Federal Protective Service;

 

•                     $15 million for automation modernization; and

 

•                     $16.25 million for infrastructure improvements at detention facilities.

 

Specific enhancements above the request include:

 

·          $146 million for 3,050 additional detention beds to provide 4,000 new beds (for a total of 31,500 beds in Fiscal Year 2008);

 

·          $10.5 million to expand the number of Criminal Alien Program teams by 30, for a total of 138;

 

·          $15 million for funding 100 new positions to expand worksite enforcement investigations; and

 

·          Funds to increase the number of Fugitive Operations Teams to 81, which would provide funding for six teams more than the requested amount.

 

Transportation Security Administration (TSA).  TSA is responsible for ensuring security for all air, maritime, and land transportation systems.  S. 1644 would provide $3.684 billion for transportation security for a total program level of $6.477 billion for Fiscal Year 2008.  The amount appropriated by the bill represents an increase of $164.6 million above the amount enacted in Fiscal Year 2007 and $764 million more than President Bush’s budget request.  For the first time in three years, the Administration’s budget did not include a proposal for increased passenger aviation fees, which have been consistently rejected by Congress.

 

The bill would provide $4.075 billion for passenger and baggage screening, which is $82.4 million above the President’s request.  The bill also would appropriate $136 million for checkpoint security; $529.4 million for procurement and installation of explosive detection systems (EDS), including $75 million for next generation explosive detection systems; $65.8 million for air cargo security; $41.4 million for surface transportation security, which includes $16.9 million for railway security; $67.5 million for transportation threat assessment and credentialing; and $722 million for the Federal Air Marshals.  

 

Additional funding provided in the bill would help bridge gaps in a number of TSA aviation security programs, including:

 

• $10 million (for a total of $66 million) for TSA air cargo security, to deploy an additional 70 canine teams and screening technology at airports nationwide;

 

• $15 million for TSA to test various screening methods to improve screening of airport workers;

 

• $89.4 million (for a total of $529.4 million) to purchase and install explosive detection systems (EDS) at airports.  The President’s budget proposal would cut funding for these programs by 17 percent;

 

• $15 million for TSA to pilot test transportation worker identification credential card  (TWIC) readers, as mandated by the SAFE Port Act (the Act required TSA to begin pilot testing at five airports by April 2007 – this deadline was not met and no funding was included in the President’s request); and

 

• $4 million for perimeter security at airports.

 

United States Coast Guard.  The U.S. Coast Guard is the lead federal agency for maritime security, including border and transportation security at ports, coastal and inland waterways, and territorial waters.  The bill would provide $8.559 billion for the United States Coast Guard, which represents an increase of $267 million over last year’s funding levels and an increase of $102.25 million over President Bush’s budget request.  The bulk of the appropriation provided by the bill – $5.930 billion – would be allocated for operating expenses. 

 

The bill would provide $126.8 million for Coast Guard Reserve training; $12 million for environmental compliance and restoration; and $991.3 million for acquisition, construction, and improvements to fund new assets and maintain old assets and facilities, including $770 million for the Deepwater recapitalization project; $25.58 million for Research, Development, Test and Evaluation; $1.184 billion for retired pay; and $272.1 million for the Health Care Fund (permanent indefinite appropriations).  S. 1644 also provides $16 million for alteration of bridges, which was not included in the President’s request.

 

The bill also includes funding for port security measures, not requested by the President, including: $15 million to hire additional inspectors, conduct port vulnerability assessments, and establish a long-range vessel tracking system; $15 million to enhance the security of dangerous cargoes; and $60 million for Interagency Port Operation Centers as authorized in the SAFE Port Act.

 

United States Secret Service.  A total of $1.392 billion is recommended for the operations of the U.S. Secret Service, including $6 million for the National Center for Missing and Exploited Children and $2.366 million for the Service’s forensic support costs associated with the National Center for Missing and Exploited Children.  This amount is $3 billion below the budget request.

 

 

Title II Funding: Security, Enforcement, and Investigations

	$ millions	Fiscal Year 2008 ($ millions)
Program	FY 2007 Enacted	Admin. Request	H.R. 2638 (House)	S. 1644 (Senate)
Customs and Border Protection	8,036	8,783	8,833	8,841
Immigration and Customs Enforcement	3,958	4,168	4,183	4,432
Transportation Security Administration	3,566	3,608	3,827	3,684
U.S. Coast Guard	8,292	8,456	8,356	8,559
U.S. Secret Service	1,277	1,399	1,398	1,395
Title II (subtotal)	25,130	26,415	26,596	26,914

Source: Senate Appropriations Committee Report and House Appropriations Committee Report 110-81

* All figures listed are direct appropriations (including any transfers), not including fees.

 

 

 

Title III: Protection, Preparedness, Response, and Recovery

 

The Department of Homeland Security National Protection and Programs Directorate, the Federal Emergency Management Agency (FEMA), and Office of Health Affairs are intended to support first responders, coordinate federal response to catastrophic disasters, aid recovery efforts, promote national emergency preparedness and planning, and develop programs for interoperable communications for first responders.  The bill would appropriate a total of $7.946 billion for protection, preparedness, response, and recovery.  This amount represents a $978 million increase from Fiscal Year 2007 levels, and a $1.739 billion more than the President Bush’s budget request.

 

National Protection and Programs Directorate.  The National Protection and Programs Directorate seeks to foster better integration of national approaches between strategic homeland security programs, facilitate infrastructure protection, ensure emergency communications capabilities, integrated risk management, and identity safeguards for visitors to this country.  S. 1644 would provide a total of $919 million to the Directorate, which is $127 million less than the requested amount and $15 million less than the amount enacted for Fiscal Year 2007. 

 

The bulk of funding – $527 million – would be allocated to the Infrastructure Protection and Information Security.  This amount is $6.9 million less than the amount enacted for Fiscal Year 2007 and $11.2 million more than amount requested in President Bush’s budget proposal.  The bill would provide:

 

• $40 million for chemical site security programs, which is $15 million above the requested amount;
• $24 million in grants to support interoperable communications, which is $12 million above the President’s request;
• $362 million for the United States Visitor and Immigrant Status Indicator Technology (US VISIT) account funds, which is $100 million below the requested amount.  The Committee report cites the program’s unobligated balances and DHS’s failure to meet legislative requirements for a comprehensive strategic plan for US VISIT and a complete schedule for the full implementation of the biometric exit program as reasons for lower funding levels.  S. 1644 includes a provision that would make $100 million available for obligation upon approval of a comprehensive plan from the Secretary of DHS for the US VISIT program.

 

Office of Health Affairs.  The Office of Health Affairs leads the Department on medical issues related to natural and manmade disasters; serves as principal advisor to the Secretary on medical and public health issues; coordinates biodefense activities; and serves as primary contact to other departments, state, local, and tribal governments on medical and public health issues.  The bill would provide a total of $115 million for the Office, which is $15.7 million more than Fiscal Year 2007 levels and $2.9 million below the requested amount. 

 

Federal Emergency Management Agency.  S. 1644 would provide $6.912 billion for emergency preparedness and response activities.  The bill would appropriate $1.883 billion more than President Bush’s budget request and $978 million more than last year’s funding level.  The bill supports the budget request for a $100 million increase for FEMA to rebuild core competencies and improve management.  It would provide additional funds as follows:

 

• $3.030 billion for state and local programs ($1.334 billion above the request);
• $700 million in firefighter assistance grants ($400 million above the request);
• $300 million in emergency performance grants ($100 million above the request);
• $43.3 million for the United States Fire Administration (equal to the request);
• $1.7 billion for the Disaster Relief Fund (equal to the request);
• $875 million for the Disaster Assistance Direct Loan Program Account (equal to the request); and
• $200 million for the Flood Map Modernization fund ($5.1 million above the request);
• $120 million for the National Pre-Disaster Mitigation Fund ($20 million above the request); and
• $153 million for emergency food and shelter ($13 million above the request).

 

The President’s budget proposed $1.19 billion in cuts from Fiscal Year 2007 levels to first responder and other grants and training programs to states and cities, including a 52 percent cut to the State Formula Program, 30 percent in the Local Law Enforcement Terrorism Prevention program, and 45 percent cut to the Firefighter Equipment and Training Program.  The proposal cites the $1 billion in interoperability funding included in the Deficit Reduction Act of 2005 (P.L. 109-171) (expected to be awarded in September 2007) as justification for funding reductions.  The Committee opposes these cuts, as stated in its report: “funding was made available by Congress as an enhancement to current Federal funding to address a known need and is not a substitute for fiscal year 2008 spending for police, fire, and other security efforts.” 

 

S. 1644 would reverse these cuts to include $1.83 billion above the requested amount and $644 million over Fiscal Year 2007 levels (excluding supplemental funds) for state and local first responder grants and training programs.  Key funding allocations for grant programs include:

 

• $525 million for the State Homeland Security Grant Program (equal to Fiscal Year 2007 levels and $275 million above the request);
• $375 million for law enforcement and terrorism prevention grants not requested as a separate program by the President (equal to Fiscal Year 2007 levels);
• $820 million for the Urban Area Security Initiative ($50 million above Fiscal Year 2007 and $20 million above the requested amount;
• $400 million for port security grants ($190 million above Fiscal Year 2007 levels and the President’s request); and
• $400 million for rail and mass transit security grants ($225 million above Fiscal Year 2007 levels and the President’s request);
• $560 million for firefighter equipment (FIRE) grants ($13 million above Fiscal Year 2007 levels and $260 million above the President’s request); and
• $140 million for firefighter hiring (SAFER) grants ($25 million above Fiscal Year 2007 levels and $140 million above the requested amount).

 

 

Title III Funding: Protection, Preparedness, Response, and Recovery

	$ millions	Fiscal Year 2008 ($ millions)
Program	FY 2007 Enacted	Admin. Request	H.R. 2638 (House)	S. 1644 (Senate)
Management and Administration	37.8	46.2	40.3	30
National Protection and Programs	934.3	1,046.5	1,035.2	919
Office of Health Affairs	99.2	117.9	117.9	115
Federal Emergency Management Agency	5,933	5,042	7,132	6,912
Title III (subtotal)	6,951	6,206	8,285	7,946

Source: Senate Appropriations Committee Report 110-84 and House Appropriations Committee Report 110-81

Title IV: Research, Development, Training, Assessments, and Services

 

Title IV funds the U.S. Citizenship and Immigration Services (USCIS), the Federal Law Enforcement Training Center (FLETC), and the Science and Technology (S&T) Directorate.  The bill would provide $1.704 billion for research, development, training, assessments, and services.  This amount represents a $7.8 million increase over Fiscal Year 2007 funding and a $50 million increase over President Bush’s budget request. 

 

U.S. Citizenship and Immigration Services (USCIS).  USCIS is responsible for providing immigration benefits, information, and services to eligible individuals.  The bill would provide $21.55 million for Systemic Alien Verification for Entitlements (SAVE), $30 million for Employment Eligibility Verification (EEV) Programs, $29 million for FBI background check, and $523,000 for benefit parole programs.  An additional $1.98 billion in fee collections is estimated for the processing of immigration and benefit applications.  The total amount is equal to President Bush’s request and $734.8 million above Fiscal Year 2007 funding levels.

 

Federal Law Enforcement Training Center (FLETC).   FLETC trains federal, state, and local law enforcement personnel to prevent and respond to homeland security threats.  The bill would provide $221 million for FLETC, which is $1.2 million above the President’s budget request and $10 million more than the Fiscal Year 2007 appropriation. 

 

Science and Technology (S&T).   The S&T Directorate is responsible for research, development, testing, and evaluation of homeland security capabilities, and for coordinating with federal, state, and local governments and the private sector to improve homeland security systems and technologies.  The bill would provide $838 million to support basic and applied research, development of prototypes, and procurement of systems to mitigate the effects of weapons of mass destruction and other research expenses, which is $80 million more than the net amount enacted for Fiscal Year 2007 and $61 million more than President Bush’s budget request. 

 

The S&T funding in S. 1644 includes $216 million for chemical and biological programs; $81.7 million for explosives research; $61.8 million for command, control, and operability; $46 million for innovation programs; and $11 million for the National Bio and Agro Defense Facility.

 

Domestic Nuclear Detection Office (DNDO).  DNDO is responsible for improving the nation’s capability to detect and report attempts to import, possess, store, develop, or transport nuclear and radiological material.  The bill would provide $550 million in funds, which is $11.9 million less than the President’s request and $69 million more than the Fiscal Year 2007 level.  This amount includes $336 million for research, development and operations; $144 million for radiation portal monitors; and $13 million for the human portal radiation detection system program.

 

Funding provided in the bill would help DNDO and its partners to:

 

• Establish and maintain 20 teams that screen aircraft and cargo for radiation;
• Install radiation portal monitors at five international airports to detect radioactive materials on passengers and in carry-on luggage;
• Develop mobile radiation detection systems; and
• Enhance detection at the links between rail and shipping cargo.

 

 

Title IV Funding: Research and Development, Training, Assessment, and Services

	$ millions	Fiscal Year 2008 ($ millions)
Program	FY 2007 Enacted	Admin. Request	H.R. 5441 (House)	S. 1644 (Senate)
Citizenship and Immigration Services	181.9	30	30	50.5
Federal Law Enforcement Training Center	275.2	263	263	265.5
Science and Technology	758	799.1	777.1	838
Domestic Nuclear Detection Office	480.9	561.9	516	550
Title IV (subtotal)	1,696	1,654	1,586	1,704
Department of Homeland Security (total)	34,797	35,373	37,438	37,623

Source: Senate Appropriations Committee Report 110-84 and House Appropriations Committee Report 110-81

 

 

Title V: General Provisions

 

The bill would set forth certain restrictions on the use of funds appropriated therein, including funds provided for limited reprogramming authorities and prohibit use of funds in contravention to the Buy American Act.   The bill includes a provision that would grant states the right to pass and enforce tougher chemical site standards than existing federal standards and a provision that would prohibit DHS from using funds during Fiscal Year 2008 to reorganize without congressional approval.

 

 

Legislative History

 

The Senate Appropriations Committee reported S. 1644 on June 14, 2007, by a vote of 29-0.

 

The House of Representatives passed H.R. 2638 by a vote of 268-110.

 

 

 

Previous Votes

 

On July 13, 2006, the Senate passed H.R. 5441, the Fiscal Year 2007 Department of Homeland Security Appropriations by a vote of 100-0.  The Senate adopted the conference report for H.R. 5441 on September 29, 2006 by voice vote.

 

On July 14, 2005, the Senate passed H.R. 2360, the Fiscal Year 2006 Department of Homeland Security Appropriations bill by a 96-1 vote.  The Senate adopted the conference report for H.R. 2360 on October 7, 2005 by voice vote.

 

On September 14, 2004, the Senate passed H.R. 4567, the Fiscal Year 2005 Department of Homeland Security Appropriations bill by a 93-0 vote.  The Senate adopted the conference report for H.R. 4567 on October 11, 2004 by voice vote.

 

On July 24, 2003, the Senate passed H.R. 2555, the Fiscal Year 2004 Homeland Security Appropriations bill by a 93-1 vote.  The Senate adopted the conference report for H.R. 2555 on September 24, 2003 by voice vote.

 

 

 

Statement of Administration Policy

 

On June 12, 2007, the White House issued a Statement of Administration Policy in strong opposition to H.R. 2638, the House of Representatives version of the bill, as reported by the House Appropriations Committee.  The Statement can be viewed at the Office of Management and Budget’s website, (http://www.whitehouse.gov/omb/legislative/sap/110-1/hr2638sap-h.pdf).  At the time of publication, no Statement of Administration Policy has been issued for S. 1644.

 

Possible Amendments

 

The DPC will circulate a description of possible amendments as information becomes available.