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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-541

======================================================================
 
       DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS BILL, 2005

                                _______
                                

 June 15, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Rogers of Kentucky, from the Committee on Appropriations, submitted 
                             the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4567]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2005.

                        INDEX TO BILL AND REPORT

                                                            Page number

                                                            Bill Report
TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS:
        Office of the Secretary and Executive Management...     2
                                                                      3
        Office of the Under Secretary for Management.......     2
                                                                      7
        Office of the Chief Financial Officer..............     3
                                                                     10
        Office of the Chief Procurement Officer............     3
                                                                     12
        Office of the Chief Information Officer............     3
                                                                     12
        Department-Wide Technology Investments.............     3
                                                                     13
        Office of Inspector General........................     4
                                                                     15
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS:
        Office of the Under Secretary for Border and 
            Transportation Security........................     4
                                                                     16
                United States Visitor and Immigrant Status 
                    Indicator Technology...................     4
                                                                     20
        Customs and Border Protection......................     5
                                                                     21
                Salaries and Expenses......................     5
                                                                     21
                Automation Modernization...................     8
                                                                     29
                Construction...............................     9
                                                                     30
        Immigration and Customs Enforcement................     9
                                                                     30
                Salaries and Expenses......................     9
                                                                     30
                Federal Air Marshals Service...............    10
                                                                     35
                Federal Protective Service.................    10
                                                                     36
                Automation Modernization...................    10
                                                                     37
                Construction...............................    11
                                                                     37
                Air and Marine Interdiction, Operations, 
                    Maintenance and Procurement............    12
                                                                     38
        Transportation Security Administration.............    13
                                                                     40
                Aviation Security..........................    13
                                                                     40
                Maritime and Land Security.................    14
                                                                     47
                Intelligence...............................    15
                                                                     50
                Research and Development...................    15
                                                                     50
                Administration.............................    15
                                                                     51
        United States Coast Guard..........................    15
                                                                     52
                Operating Expenses.........................    15
                                                                     52
                Environmental Compliance and Restoration...    16
                                                                     56
                Reserve Training...........................    17
                                                                     56
                Acquisition, Construction, and Improvements    17
                                                                     57
                Alteration of Bridges......................    19
                                                                     61
                Retired Pay................................    19
                                                                     62
        United States Secret Service.......................    20
                                                                     62
                Salaries and Expenses......................    20
                                                                     62
                Acquisition, Construction, Improvements, 
                    and Related Expenses...................    22
                                                                     65
TITLE III--PREPAREDNESS AND RECOVERY:
        Office for State and Local Government Coordination 
            and Preparedness...............................    22
                                                                     65
                Salaries and Expenses......................    22
                                                                     65
                State and Local Programs...................    22
                                                                     66
                Firefighter Assistance Grants..............    25
                                                                     74
        Counterterrorism Fund..............................    26
                                                                     75
        Emergency Preparedness and Response................    26
                                                                     76
                Office of the Under Secretary for Emergency 
                    Preparedness and Response..............    26
                                                                     76
                Preparedness, Mitigation, Response, and 
                    Recovery...............................    26
                                                                     76
                Administrative and Regional Operations.....    27
                                                                     78
                Public Health Programs.....................    28
                                                                     79
                Biodefense Countermeasures.................    --
                                                                     79
                Disaster Relief............................    28
                                                                     79
                Disaster Assistance Direct Loan Program 
                    Account................................    28
                                                                     80
                Flood Map Modernization Fund...............    28
                                                                     81
                Radiological Emergency Preparedness Program    29
                                                                     81
                National Flood Insurance Fund..............    29
                                                                     82
                National Flood Mitigation Fund.............    30
                                                                     83
                National Pre-Disaster Mitigation Fund......    30
                                                                     83
                Emergency Food and Shelter.................    31
                                                                     84
TITLE IV--RESEARCH AND DEVELOPMENT, TRAINING, ASSESSMENTS, 
    AND SERVICES:
        Citizenship and Immigration Services...............    32
                                                                     84
        Federal Law Enforcement Training Center............    32
                                                                     87
                Salaries and Expenses......................    32
                                                                     87
                Acquisition, Construction, Improvements, 
                    and Related Expenses...................    33
                                                                     88
        Information Analysis and Infrastructure Protection.    33
                                                                     88
                Management and Administration..............    33
                                                                     88
                Assessments and Evaluations................    34
                                                                     90
        Science and Technology.............................    34
                                                                     97
                Management and Administration..............    34
                                                                     97
                Research, Development, Acquisition, and 
                    Operations.............................    34
                                                                     98
TITLE V--GENERAL PROVISIONS:
        This Act...........................................    35
                                                                    120
        Compliance with House Rules........................    --
                                                                     --
        Tables.............................................    --
                                                                     --
        Summary of the Total Bill..........................    --
                                                                     --

    The accompanying bill contains recommendations for new 
budget (obligational) authority for fiscal year 2005 for the 
Department of Homeland Security. The following table summarizes 
these recommendations and reflects comparisons with the budget, 
as amended, and with amounts appropriated to date for fiscal 
year 2004:

                                                                [In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        New budget         Budget                           Bill compared with . . .
                                                                       (obligation)     estimates of                   ---------------------------------
                                                                        authority      (obligational)   Recommended in     New budget         Budget
                               Title                                   fiscal year       authority,        the bill        authority        estimate,
                                                                     2004 enacted to    fiscal year                       fiscal year      fiscal year
                                                                           date             2005                              2004             2005
--------------------------------------------------------------------------------------------------------------------------------------------------------
Departmental Management and Operations.............................          452,629          713,604          634,223         +181,594          -79,381
Security Enforcement and Investigations............................       19,047,991       20,029,618       20,582,018       +1,534,027         +552,400
Preparedness and Recovery..........................................       13,374,351        9,206,471        9,500,298       -3,873,423         +294,457
Research and Development, Training, Assessments, and Services......        2,173,475        2,240,232        2,368,232         +194,757         +128,000
                                                                    ------------------------------------------------------------------------------------
      Total........................................................       35,048,446       32,189,925       33,085,401       -1,963,045         +895,476
                                                                    ------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------

              SUMMARY OF MAJOR RECOMMENDATIONS IN THE BILL

    The Committee recommends $31,999,941,000 in discretionary 
resources for the Department of Homeland Security, $895,475,000 
above the amounts proposed by the President and $2,757,678,000 
above fiscal year 2004 enacted levels. Major increases above 
fiscal year 2004 enacted levels include $2,500,000,000 for 
Biodefense Countermeasures, as requested by the President.

            TITLE I--DEPARTMENTAL MANAGEMENT AND OPERATIONS


            Office of the Secretary and Executive Management





Appropriation, fiscal year 2004.......................       $80,317,000
Budget request, fiscal year 2005......................       102,623,000
Recommended in the bill...............................        80,227,000
Bill compared with:
    Appropriation, fiscal year 2004...................           -90,000
    Budget request, fiscal year 2005..................       -22,396,000


                                MISSION

    The mission of management operations is to provide 
efficient services to the Department of Homeland Security and 
to support the Department in its achievement of its strategic 
goals: preventing terrorist attacks within the United States; 
reducing America's vulnerabilities to terrorism; and minimizing 
the damage and recovery from attacks that may occur.

                             RECOMMENDATION

    The Committee recommends $80,227,000 for the Office of the 
Secretary and Executive Management, $22,396,000 below the 
President's budget request and $90,000 below the amounts 
provided in fiscal year 2004. The request for a consolidated 
appropriation for the salaries and expenses of various offices 
within Departmental Operations has been denied due to 
inadequate budget justification documents, including 
insufficient detail on proposed appropriations and new 
personnel for each office within the Office of the Secretary 
and Executive Management. In order to adequately oversee 
expenditures in each office, the Committee has provided 
separate funding recommendations as detailed in the following 
table:

------------------------------------------------------------------------
                                        Budget estimate    Recommended
------------------------------------------------------------------------
Immediate Office of the Secretary.....       $2,388,000       $2,216,000
Immediate Office of the Deputy                1,112,000        1,112,000
 Secretary............................
Office of Security....................       21,044,000       21,824,000
Chief of Staff........................        5,240,000        5,240,000
Executive Secretary...................        5,190,000        5,190,000
Special Assistant to the Secretary/           3,781,000        3,781,000
 Private Sector.......................
Office of National Capital Region             1,323,000          811,000
 Coordinator..........................
Office of State and Local Government          3,546,000  ...............
 Coordination.........................
Office of International Affairs.......        1,318,000        1,200,000
Office of Public Affairs..............       10,669,000        8,120,000
Office of Legislative Affairs.........        6,627,000  ...............
Office of General Counsel.............       10,821,000        8,645,000
Office of Civil Rights and Liberties..       15,025,000       14,827,000
Citizenship and Immigration Services          5,858,000        1,985,000
 Ombudsman............................
Homeland Security Advisory Committee..        1,414,000        1,350,000
Privacy Officer.......................        3,774,000        2,270,000
Regions...............................        3,493,000        1,746,000
                                       ---------------------------------
      Total...........................      102,623,000       80,227,000
------------------------------------------------------------------------

                          STAFFING ADJUSTMENTS

    The President requested 71 new full-time equivalents (FTEs) 
under the Office of the Secretary and Executive Management, 
including: eight FTEs for the Office of Security, one FTE for 
the Executive Secretary, five FTEs for the National Capital 
Region, eight FTEs for Public Affairs, 16 FTEs for the 
Immigration Ombudsman, eight FTEs for the Privacy Office, one 
FTE for the Homeland Security Advisory Committee, and 24 FTEs 
for anticipated regional structures. Funding for all new FTEs 
was requested for the full fiscal year. However, the Office of 
the Secretary and Executive Management has over a 30 percent 
vacancy rate and it is increasingly apparent that the 
Department will not be fully staffed by the start of the fiscal 
year. The Committee recommendation acknowledges these vacancy 
rates and denies full year funding for any new FTEs. Instead, 
half year funding is provided for new FTEs with two exceptions: 
eight new FTEs for Public Affairs and one new FTE for the 
Executive Secretary, which are denied. Because these offices 
have a large number of vacancies (44 and 58 percent 
respectively), new personnel are not justified at this time.
    The Committee also transfers and merges the Office of State 
and Local Government Coordination with the Office for Domestic 
Preparedness pursuant to Secretarial action. The Committee 
includes $3,077,000 for activities related to this office under 
Title III, under the heading Office for State and Local 
Government Coordination and Preparedness, Salaries and 
Expenses.

                           OFFICE OF SECURITY

    The Committee recommends $21,824,000 for the Office of 
Security, $780,000 above the President's request. The 
additional funding will permit the office to hire six new FTEs 
to process adjudications associated with DHS background 
investigations outlined in Section 520 of this Act.

                       BACKGROUND INVESTIGATIONS

    The Committee remains concerned by delays in personnel 
security and suitability background investigations, update 
investigations and periodic reinvestigations for Departmental 
employees and, in particular for competitive service positions 
within the Information Analysis and Infrastructure Protection 
(IAIP) directorate.
    Under current law, the Office of Personnel Management (OPM) 
may grant delegations of authority for background 
investigations; this delegation currently exists for U.S. 
Customs and Border Protection (CBP) and the United States 
Secret Service. However, OPM will not delegate this authority 
to other DHS components. The Committee is extremely 
disappointed by OPM's position and includes a new provision 
(Section 520) providing DHS with the authority to conduct these 
investigations during fiscal year 2005. The Committee directs 
that this authority be used to expeditiously process background 
investigations, including updates and reinvestigations, as 
necessary, for competitive service positions within the IAIP 
directorate. The transfer of authority under this section shall 
be subject to terms and conditions comparable to those included 
in the Memorandum of Understanding between OPM's Center for 
Investigations Services and CBP, which took effect in November 
2003 (including provisions relating to the use of contract 
investigators). Additionally, the Committee directs that this 
transfer of authority shall not affect that Memorandum of 
Understanding or any other arrangement in effect on the date of 
the enactment of this Act that involves the authority to 
conduct background or other investigations with respect to 
applicants for, or appointees in, positions within any 
component of the Department, and shall not extend to any 
positions subject to a Memorandum of Understanding or other 
arrangement which is in effect on the date of the enactment of 
this Act, while such Memorandum of Understanding or other 
arrangement remains in effect.
    The Committee is aware of innovative proposals to expedite 
processing of background investigations, including updates and 
reinvestigations, such as ``Fly'' or ``SWAT'' teams. The 
Committee directs DHS to review the suitability of these 
proposals to expedite processing and alleviate backlogs and to 
utilize these concepts, as appropriate.

                     OFFICE OF LEGISLATIVE AFFAIRS

    The Committee recommends no funding for the Office of 
Legislative Affairs. Over the past 16 months, the Committee has 
been extremely disappointed with the work of this Office. On a 
recurrent basis, this Office has been both unresponsive and 
unavailable to Members and staff. Specifically, the Office of 
Legislative Affairs fails to provide timely and comprehensive 
information to Members and staff regarding the Department's 
legislative strategy; fails to return phone calls; fails to be 
available during critical stages of the legislative process for 
both authorization and appropriations matters; and fails to 
follow up on requests for information and meetings. The 
Committee is also disappointed that this Office remains 
critically understaffed, despite adequate funding, with only 23 
of the 45 full time staff on board.
    In March of this year, the Office of Legislative Affairs 
was directed to submit a management plan establishing standard 
operating procedures to correct these deficiencies. The Office 
was also directed to submit a hiring and retention plan in 
order to fill critical vacancies. Once again, the Office failed 
to meet deadlines for the submission of both plans. In short, 
the Office continues to show complete disregard for the 
legislative branch of government.
    The Committee is aware that most of the Department's 
component agencies include their own legislative affairs 
offices; it has been the Committee's experience that these 
offices are both responsive and available on all legislative 
matters. The Committee believes that funding a central Office 
of Legislative Affairs is redundant and wasteful.

                         BUDGET JUSTIFICATIONS

    In fiscal year 2006, the Committee directs that the 
Congressional budget justification for the Office of the 
Secretary and Executive Management be submitted in the same 
level of detail as the table contained in the back of this 
report. All funding and staffing changes for each individual 
office must be highlighted and explained. The Committee expects 
this level of detail to include separate discussions for 
personnel, compensation, and benefits; travel; training; and 
other services.

                  TRANSPORTATION OF HAZARDOUS MATERIAL

    The Committee is concerned that there does not exist a 
clear authority to implement security precautions for the 
movement of hazardous material in the event of a heightened 
threat scenario. As such, the Committee directs the Secretary 
of Homeland Security, in conjunction with the Secretary of 
Transportation, to establish a transportation security 
directive to clarify the role and responsibility of the 
Department of Homeland Security and the Department of 
Transportation to implement effective security precautions for 
all modes of transportation in the movement of hazardous 
material.

  GENERAL AVIATION ACCESS TO RONALD REAGAN WASHINGTON NATIONAL AIRPORT

    Ronald Reagan Washington National Airport (DCA) has been 
closed to charter and general aviation (GA) aircraft for almost 
three years. Because the possibility of terrorists using an 
aircraft as a means of launching an attack on Washington, DC 
still exists, adequate security measures must be in place 
before access to DCA is restored for any charter and GA 
aircraft. However, the Committee believes that it is time to 
move forward with the process of restoring access to DCA for 
those GA operators willing to comply with what the 
Transportation Security Administration (TSA) determines to be 
appropriate security requirements.
    The Committee therefore directs the Secretary of Homeland 
Security, in conjunction with TSA and the Secret Service, to 
develop and implement a reasonable and effective security plan 
restoring access to DCA for security qualified charter and GA 
operators by November 30, 2004. Security procedures for charter 
and GA flights arriving at or departing from DCA could include 
but not be limited to: (1) the vetting and certification of the 
GA operator's subject flight and ground crews, (2) advance 
clearing of passenger manifests by TSA, (3) physical screening 
of all passengers and luggage following TSA specified standards 
and procedures, (4) securing and physical inspection of the 
subject aircraft, (5) compliance with the ``30 minute rule'', 
(6) compliance with established special flight procedures, and 
(7) only allowing flights arriving at DCA to depart from a 
limited number of ``gateway'' airports. Any additional measures 
that could lead to the reopening of DCA must ensure that the 
unique security needs of the National Capital Region are 
adequately addressed.