H.R. 2892 Conference Report: Conference Report Accompanying H.R. 2892 - Department of Homeland Security Appropriations Bill, 2010

H.R. 2892

Conference Report Accompanying H.R. 2892 - Department of Homeland Security Appropriations Bill, 2010

Sponsor
Rep. David E. Price

Date
October 15, 2009 (111th Congress, 1st Session)

Staff Contact
Communications

Floor Situation

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.

Bill Summary

 

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

 

 

 

 

 

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

 

 

 

 

 

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

 

 

 

 

 

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

 

 

 

 

 

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%

 

 

 

 

 

 

Total

42,050,000

42,617,000

42,775,996

725,996

1.7%

 

 

Cost

According to the CBO, H.R. 2892 would appropriate $42.776 billion in funds for FY 2010.