| Sponsor | Rep. Price, David E. |
| Committee | Appropriations |
| Date | October 15, 2009 (111th Congress, 1st Session) |
| Staff Contact | Andy Koenig |
The House is scheduled to begin consideration of the conference report accompanying H.R. 2892, the Department of Homeland Security Appropriations Act for Fiscal Year 2010, on Thursday, October 15, 2009, under a rule. H.R. 2892 was passed in the House on June 24, 2009, by a vote of 389-37. The Senate passed their version of the bill on July 9, 2009, by a vote of 84-6. On October 1, 2009, the House passed by a vote of 258-163 a Republican Motion to Instruct Conferees to include a Senate amendment that would prohibit the release of photographs of any U.S. Armed Forces detainees, add Guantanamo detainees to the No-Fly list, and deny immigration rights to Guantanamo detainees.
DHS Discretionary Funding in Millions | |||||
| FY 2009 Enacted | Senate Passed | House Passed | Conference Report | Conference Report vs. FY 2009 |
Appropriation | 42,050 | 42,927 | 42,617 | 42,776 | 726 |
Emergency Spending | 3,143 | 0 | 0 | 0 | -3,143 |
Total | 45,193 | 42,927 | 42,617 | 42,776 | -2,417 |
The conference report to H.R. 2892 contains a total of $42.77 billion in discretionary funding for FY 2010, an increase of $726 million or 1.7 percent above FY 2009 discretionary levels. Agencies funded through the bill also received approximately $3.1 billion in supplemental appropriations outside the normal FY 2009 appropriations process from the "stimulus" and the FY 2009 supplemental appropriations bill.
H.R. 2892 would provide funding for a number of agencies, including the Secret Service, U.S. Customs and Border Protection (CBP), the Transportation Security Administration (TSA), Immigration and Customs Enforcement (ICE), the Coast Guard, and the Federal Emergency Management Agency (FEMA). The following is a summary of the spending highlights and other provisions in the bill.
Provisions of Note
Guantanamo Bay Detainees: Despite instructions passed by a majority of the House prior to the meeting of the conference committee, H.R. 2892 does not include provisions to deny immigration benefits to current or former Guantanamo Bay detainees. While the conference report does include language prohibiting the release of Guantanamo Bay detainees in the U.S., the legislation would not prohibit the transfer of detainees to the U.S. In fact, the conference report provides a mechanism whereby Guantanamo Detainees could be transferred 45 days after the President submits a plan and risk determination. The conference report also adds Guantanamo Bay detainees to the TSA's No-Fly list unless the President certifies that the detainee poses no threat to the U.S.
Detainee Photos: The conference report includes a provision that would allow the Secretary of Defense to prohibit the release of photographs of U.S. Armed Forces detainees if a certification that the release of the photos would endanger U.S. citizens or members of the Armed Forces is issued.
E-Verify: Provides $137 million for the E-Verify program-$26 million above the Presidents request-and extends the program for three years.
Competitive Bidding Ban: Prohibits the Department of Homeland Security from using any funds to enter into a public/private contact under the OMB Circular A-76, which requires private contractors to compete for federal money to ensure that the U.S. receives maximum value for tax dollars, for employees of and Immigration Services or of the Coast Guard National Vessel Documentation Center.
Earmarks: The conference report contains eleven pages of earmarks, totaling hundreds of millions of dollars. Some Members may note that when Republicans controlled the House the Homeland Security bill was largely earmark free.
TITLE I-DEPARTMENTAL MANAGEMENT AND OPERATIONS
The conference report contains $1.26 billion for Department of Homeland Security (DHS) for management and operations, an increase of $197 million above FY 2009, as follows:
Office of the Secretary: Provides $147 million for the Office of the Secretary of Homeland Security, which is $24 million or 19 percent above FY 2009.
Undersecretary for Management: Provides $254 million for the Undersecretary for Management, $62 million or 32 percent above FY 2009. The undersecretary provides administrative support and human resources services for the DHS.
Chief Financial Officer: Provides $60 million for the Chief Financial Officer of the DHS, $5.2 million or 9 percent above FY 2009.
Chief Information Officer: Provides $338 million for the Chief Information Officer of the DHS, $66 million or 24 percent above FY 2009, to oversee all DHS information technology.
Analysis and Operations: Provides $335 million for DHS Analysis and Operations, $7 million or 2 percent above FY 2009. This provides funding for the Office of Intelligence and Analysis and the Directorate of Operations Coordination, which collect and evaluate intelligence information.
TITLE II-SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection: Provides a total of $10.12 billion for U.S. Customs and Border Protection (CBP), $305 million or 3 percent above FY 2009. CBP is responsible for preventing and deterring threats along U.S. borders or at ports. The CBP's main focus is stopping terrorists, weapons, drugs, or other contraband from entering the U.S. Funding for salaries and expenses supports border security administration, inspections, cargo screening, detection technology, border security staff, and training. CBP received $980 million in supplemental appropriations from the "stimulus" bill.
The bill provides funding for CBP programs as follows:
• $8 billion for salaries and expenses, $458 million above FY 2009
• $422 million for Automation Modernization to update information technologies, $88 million below FY 2009.
• $800 million for Border Fencing, Infrastructure, and Technology, $25 million above FY 2009.
• $519 million for Air and Marine Border Protection, $8 million below FY 2009.
• $319 million for CBP facilities management, $83 million below FY 2009.
Immigration and Customs Enforcement: Provides a total of $5.43 billion for Immigration and Customs Enforcement (ICE), $360 million or 7 percent above FY 2009, but $21 million below the President's request. ICE is the lead federal agency responsible for immigration and customs law and enforcement. The bill provides $90 million for ICE information technology modernization and $4.8 million for construction. The bill would allocate $1.5 billion for efforts to identify undocumented individuals with criminal records and deportation. Funding in the bill also provides for investigations, legal proceedings, intelligence, visa security programs, and detention, custody and removal operations. ICE received $20 million in supplemental appropriations from the "stimulus" bill.
Transportation Security Administration: Provides $5.26 billion for Transportation Security Administration (TSA) Aviation Security, an increase of $891 million or 20 percent over the FY 2009 discretionary appropriation. The funding provides for screening personnel, training and equipment. TSA also received $1 billion in supplemental appropriations for explosives detection systems and checkpoint screening equipment from the "stimulus" bill.
In addition to aviation security, the bill provides funding for other transportation security programs as follows:
• $110 million for Surface Transportation Security, $61 million or 122 percent above FY 2009.
• $172 million for Transportation Threat Assessment, $55 million or 48 percent above FY 2009.
• $1 billion for Transportation Security Support, $54 million or 6 percent above FY 2009.
• $860 million for Federal Air Marshals, $40 million or 5 percent above FY 2009.
Coast Guard: Provides a total of $9.89 billion for the Coast Guard, an increase of $537 million or 5.7 percent over FY 2009. The conference report includes $6.8 billion for the U.S. Coast Guard's salaries and expenses, $610 million or 10 percent above FY 2009. Funding for salaries and expenses provides for Coast Guard administration, pay and allowance, health care, recruitment, maintenance, training, and ongoing operations. The Coast Guard also received $240 million in supplemental appropriations from the "stimulus" bill.
In addition to salaries and expenses, the bill provides funding for other Coast Guard programs as follows:
• $13 million for Coast Guard Environmental Compliance and Restoration, $198,000 above FY 2009.
• $133 million for Coast Guard Reserve Training, $3 million above FY 2009.
• $1.53 billion for Coast Guard Acquisition, Construction, and Improvements, $42 million more than FY 2009.
• $4 million for the alteration of bridges, $12 million less than FY 2009. However, the Coast Guard received $142 million for bridge alterations in the "stimulus" bill.
• $24 million for Coast Guard research, development, tests, and evaluations, $6.7 million or 37 percent above FY 2009.
• $261 million for the Coast Guard Retiree Health Care Fund, $3.7 million above FY 2009.
Secret Service: Provides $1.47 billion for salaries and expenses, $70 million or 5 percent above FY 2009. In addition, the bill provides $3.97 million for acquisition and construction, $250,000 less than FY 2009.
TITLE III-PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
The conference report provides $7.12 billion for the Federal Emergency Management Agency (FEMA), an increase of $230 million or 3.3 percent over FEMA's FY 2009 appropriation. FEMA received an additional $640 million in emergency funding in FY 2009 as well. In total, the conference report provides $8.5 billion for federal preparedness as follows:
Infrastructure Protection and Information Security: Provides $899 million for Infrastructure Protection and Information Security (IPIS), an increase of $92 million or 11 percent over FY 2009.
FEMA Administration: Provides $797 million for FEMA management and administration, $39 million below FY 2009.
State and Local Programs: Provides $3 billion for State and Local Assistance and Grant Programs, $90 million below FY 2009. Local grants and aid made available include the State Homeland Security Grant Program, the Citizen Corps program, Real ID grants, Port Security Grants, Bus Security Assistance, and the natural disaster exercise program. These programs received $300 million in supplemental appropriations from the "stimulus" bill.
Firefighter Assistance Grants: Provides $810 million for Firefighter Assistance Grants that are provided to local fire departments, $35 million or 5 percent over FY 2009. The program received $210 million in supplemental appropriations from the "stimulus" bill.
Emergency Management Performance Grants: Provides $340 million for the Emergency Management Performance Grant (EMPG) program, $25 million or 8 percent above FY 2009. The program is the only FEMA grant program that requires matching funds from State and local governments.
Disaster Relief fund: Provides $1.47 billion for FEMA disaster relief funding, an increase of $78 million or 5 percent over FY 2009. The fund received $13.1 billion in FY 2008, and received $1.4 billion in FY 2009, mostly through emergency appropriations to respond to natural disasters.
Flood Maps and Fund: Provides $220 million, the same amount as FY 2009, to modernize and digitize over 100,000 of the nation's flood maps, which are used to calculate risk-based premiums for the National Flood Insurance Program.
Emergency Food and Shelter: Provides $200 million, the same amount as FY 2009, for FEMA's Emergency Food and Shelter National Board Program, which received $100 million in supplemental appropriations from the "stimulus" bill.
TITLE IV-RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services: Provides $224 million for U.S. Citizenship and Immigration Services, $122 million or 120 percent above FY 2009.
Federal Law Enforcement Training Center: Provides $239 million for the Federal Law Enforcement Training Center, $7 million less than FY 2009. The bill also provides an additional $43 million for Federal Law Enforcement Training Center construction, which is $43 million less than FY 2009.
DHS Science and Development: Provides $863 million for DHS research, development, and acquisitions, $62 million or 8 percent above FY 2009. In addition, the bill appropriates $143 million for DHS science and technology spending, $11 million above FY 2009.
Nuclear Detection: Provides $324 million for Nuclear Detection research and development, $1 million above FY 2009 and $39 million for the Domestic Nuclear Detection Office, $2 million above FY 2009.
Homeland Security Spending in Thousands
Program | FY 2009 Enacted | House Passed | Conference Report | Conference Report vs. FY 2009 | Percentage Change |
Management and Operations |
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Office of the Secretary | 123,456 | 147,427 | 147,818 | 24,362 | 19.7% |
Undersecretary for Management | 191,793 | 268,690 | 254,190 | 62,397 | 32.5% |
Chief Financial Officer | 55,235 | 63,530 | 60,530 | 5,295 | 9.6% |
Chief Information Officer | 272,169 | 299,593 | 338,393 | 66,224 | 24.3% |
Analysis and Operations | 327,373 | 345,556 | 335,030 | 7,657 | 2.3% |
Coordinator for Gulf Coast Rebuilding | 1,900 | 2,000 | 2,000 | 100 | 5.3% |
Inspector General | 114,513 | 127,874 | 113,874 | -639 | -0.6% |
Security, Enforcement, and Investigations |
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US Customs and Border Protection Salaries and Expenses | 7,603,206 | 7,576,897 | 8,061,487 | 458,281 | 6.0% |
Auto motion Modernization | 511,334 | 462,445 | 422,445 | -88,889 | -17.4% |
Border Fencing, Infrastructure, and Technology | 775,000 | 732,000 | 800,000 | 25,000 | 3.2% |
Air and Marine Border Protection | 528,000 | 513,826 | 519,826 | -8,174 | -1.5% |
Facilities Management | 403,201 | 682,133 | 319,570 | -83,631 | -20.7% |
ICE Salaries and Expenses | 4,927,210 | 5,311,493 | 5,342,134 | 414,924 | 8.4% |
Federal Protective Service | 640,000 | 1,115,000 | 0 | -640,000 | -100.0% |
ICE Information Technology Modernization | 57,000 | 105,000 | 90,000 | 33,000 | 57.9% |
ICE Construction | 5,000 | 11,818 | 4,818 | -182 | -3.6% |
Transportation Security Administration | 2,434,518 | 3,165,740 | 3,114,040 | 679,522 | 27.9% |
Surface Transportation Security | 49,606 | 103,416 | 110,516 | 60,910 | 122.8% |
Transportation Threat Assessment | 116,018 | 171,999 | 171,999 | 55,981 | 48.3% |
Transportation Security Support | 947,735 | 992,980 | 1,001,780 | 54,045 | 5.7% |
Federal Air Marshals | 819,481 | 860,111 | 860,111 | 40,630 | 5.0% |
Coast Guard Operating Expenses | 6,194,925 | 6,822,026 | 6,805,391 | 610,466 | 9.9% |
Coast Guard Environmental Compliance and Restoration | 13,000 | 13,198 | 13,198 | 198 | 1.5% |
Coast Guard Reserve Training | 130,501 | 133,632 | 133,632 | 3,131 | 2.4% |
Coast Guard Acquisition, Construction, and Improvements | 1,494,576 | 1,347,480 | 1,537,080 | 42,504 | 2.8% |
Alteration of Bridges | 16,000 | 10,000 | 4,000 | -12,000 | -75.0% |
Coast Guard Research, Development, Test, and Evaluation | 18,000 | 19,745 | 24,745 | 6,745 | 37.5% |
Coast Guard Retiree Health Care Fund | 257,305 | 261,000 | 261,000 | 3,695 | 1.4% |
US Secret Service Salaries and Expenses | 1,408,729 | 1,457,409 | 1,478,669 | 69,940 | 5.0% |
Secret Service Acquisition and Construction | 4,225 | 3,975 | 3975 | -250 | -5.9% |
Protect, Preparedness, Response and Recovery |
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National Protection and Programs Directorate | 51,350 | 44,577 | 44,577 | -6,773 | -13.2% |
Infrastructure Protection and Information Security | 806,913 | 883,346 | 899,416 | 92,503 | 11.5% |
US Visitor and Immigrant Status Indicator Technology | 300,000 | 351,800 | 373,762 | 73,762 | 24.6% |
Office of Health Affairs (OHA) | 157,191 | 128,400 | 139,250 | -17,941 | -11.4% |
FEMA Management and Administration | 837,437 | 844,500 | 797,650 | -39,787 | -4.8% |
FEMA State and Local Assistance and Grant Programs | 3,105,700 | 2,829,000 | 3,015,200 | -90,500 | -2.9% |
FEMA Firefighter Assistance Grants | 775,000 | 800,000 | 810,000 | 35,000 | 4.5% |
Emergency Management Performance Grants (EMPG) | 315,000 | 330,000 | 340,000 | 25,000 | 7.9% |
US Fire Administration | 44,979 | 45,588 | 45,588 | 609 | 1.4% |
Disaster Relief | 1,400,000 | 2,000,000 | 1,478,400 | 78,400 | 5.6% |
Flood Map Modernization Fund | 220,000 | 220,000 | 220,000 | 0 | 0.0% |
Pre-disaster Mitigation Fund | 90,000 | 100,000 | 100,000 | 10,000 | 11.1% |
Emergency Food and Shelter | 200,000 | 200,000 | 200,000 | 0 | 0.0% |
Research and Development |
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US Citizenship and Immigration Services | 101,740 | 248,000 | 224,000 | 122,260 | 120.2% |
Federal Law Enforcement Training Center | 246,530 | 239,356 | 239,356 | -7,174 | -2.9% |
Federal Law Enforcement Training Center Construction | 86,456 | 43,456 | 43,456 | -43,000 | -49.7% |
DHS Science and Technology Administration | 132,100 | 142,200 | 143,200 | 11,100 | 8.4% |
DHS Research , Development, and Acquisition | 800,487 | 825,356 | 863,271 | 62,784 | 7.8% |
Domestic Nuclear Detection Office Management | 37,500 | 39,599 | 324,537 | 287,037 | 765.4% |
Nuclear Detection Research and Development | 323,200 | 326,537 | 324,537 | 1,337 | 0.4% |
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Total | 42,050,000 | 42,617,000 | 42,775,996 | 725,996 | 1.7% |
According to the CBO, H.R. 2892 would appropriate $42.776 billion in funds for FY 2010.