Homeland Security Department: FY2007 Appropriations

Congressional research reportNov 17, 2006

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Homeland Security Department: FY2007

Appropriations

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November 17, 2006

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RL33428

CRS Report for Congress

Prepared for Members and Committees of Congress

Homeland Security Department: FY2007 Appropriations

Summary

The annual consideration of appropriations bills (regular, continuing, and supplemental) by

Congress is part of a complex set of budget processes that also encompasses the consideration of

budget resolutions, revenue and debt-limit legislation, other spending measures, and

reconciliation bills. In addition, the operation of programs and the spending of appropriated funds

are subject to constraints established in authorizing statutes. Congressional action on the budget

for a fiscal year usually begins following the submission of the President’s budget at the

beginning of each annual session of Congress. Congressional practices governing the

consideration of appropriations and other budgetary measures are rooted in the Constitution, the

standing rules of the House and Senate, and statutes, such as the Congressional Budget and

Impoundment Control Act of 1974.

This report is a guide to one of the regular appropriations bills that Congress considers each year.

It is designed to supplement the information provided by the House and Senate Appropriations

Subcommittees on Homeland Security. It summarizes the status of the bill, its scope, major

issues, funding levels, and related congressional activity, and is updated as events warrant. The

report lists the key CRS staff relevant to the issues covered and related CRS products.

This report describes the FY2007 appropriations for the Department of Homeland Security

(DHS). On October 4, 2006, P.L. 109-295 was signed into law. P.L. 109-295 provides gross total

budget authority of $41.4 billion for DHS for FY2007. This amounts includes $1.8 billion in

emergency funding that was added to the bill during conference. P.L. 109-295 provides net

budget authority of $34.8 billion, including the emergency funding. Excluding the emergency

funding, P.L. 109-295 provides nearly $33.0 billion in net budget authority for DHS for FY2007.

Senate-passed H.R. 5441 would have provided $32.8 billion in net budget authority for DHS for

FY2007. House-passed H.R. 5441 would have provided $33.2 billion in net budget authority for

DHS in FY2007. The Administration requested a net appropriation of $31.9 billion in net budget

authority for FY2007.

P.L. 109-295 provides the following net appropriation for major components of DHS: $8,035

million for Customs and Border Protection (CBP); $3,958 million for Immigration and Customs

Enforcement (ICE); $3,628 million for the Transportation Security Administration (TSA); $8,316

million for the U.S. Coast Guard; $1,277 million for the Secret Service; $4,018 million for the

Preparedness Directorate; $2,511 million for the Federal Emergency Management Agency

(FEMA); $182 million for U.S. Citizenship and Immigration Services (USCIS); and $973 million

for the Science and Technology Directorate (S&T).

The requested net appropriation for major components of the department included the following:

$6,574 million for CBP; $3,928 million for ICE; $2,323 million for TSA; $8,181 million for the

U.S. Coast Guard; $1,265 million for the Secret Service; $3,420 million for the Preparedness

Directorate; $2,964 million for FEMA; $182 million for USCIS; and $1,002 million for the S&T.

House-passed H.R. 5441, contained the following amounts for major components of the

department: $6,434 million for CBP; $3,876 million for ICE; $3,618 million for TSA; $8,129

million for the U.S. Coast Guard; $1,293 million for the Secret Service; $4,069 million for the

Preparedness Directorate; $2,656 million for the FEMA; $162 million for USCIS; $956 million

for S&T; and $500 million for the Domestic Nuclear Detection Office (DNDO).

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Senate-passed H.R. 5441 contained the following amounts for major components of the

department: $6,683 million for CBP; $3,919 million for ICE; $3,816 million for TSA; $8,188

million for the U.S. Coast Guard; $1,226 million for the Secret Service; $3,901 million for the

Preparedness Directorate; $2,606 million for FEMA; $135 million for USCIS; $818 million for

S&T; and $442 million for the DNDO.

This report will not be updated.

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Contents

Most Recent Developments ............................................................................................................. 1

P.L. 109-295 Signed into law .............................................................................................. 1

Senate-Passed H.R. 5441 .................................................................................................... 1

House-Passed H.R. 5441 ..................................................................................................... 1

President’s FY2007 Budget Submitted ............................................................................... 1

Note on Most Recent Data .................................................................................................. 2

Background ...................................................................................................................................... 2

Department of Homeland Security ............................................................................................ 2

Secretary Chertoff’s Second Stage Review ......................................................................... 3

302(a) and 302(b) Allocations ................................................................................................... 4

Budget Authority, Obligations, and Outlays .............................................................................. 5

Discretionary and Mandatory Spending .................................................................................... 6

Offsetting Collections ................................................................................................................ 6

Appropriations for the Department of Homeland Security............................................................. 8

Summary of DHS Appropriations ............................................................................................. 8

Title I: Departmental Management and Operations ....................................................................... 12

President’s FY2007 Request ............................................................................................. 12

House-Passed H.R. 5441 ................................................................................................... 12

Senate-Passed H.R. 5441 .................................................................................................. 12

P.L. 109-295 ...................................................................................................................... 13

Analysis and Operations .......................................................................................................... 14

Background ....................................................................................................................... 14

President’s FY2007 Request ............................................................................................. 15

House-Passed H.R. 5441 ................................................................................................... 16

Senate-Passed H.R. 5441 .................................................................................................. 16

P.L. 109-295 ...................................................................................................................... 17

Personnel Issues....................................................................................................................... 19

President’s FY2007 Request ............................................................................................. 20

House-Passed H.R. 5441 ................................................................................................... 22

Senate-Passed H.R. 5441 .................................................................................................. 22

P.L. 109-295 ...................................................................................................................... 23

Title II: Security Enforcement and Investigations ......................................................................... 24

US-VISIT ................................................................................................................................ 28

President’s FY2007 Request ............................................................................................. 28

House-Passed H.R. 5441 ................................................................................................... 28

Senate-Passed H.R. 5441 .................................................................................................. 28

P.L. 109-295 ...................................................................................................................... 29

Customs and Border Protection (CBP).................................................................................... 29

President’s FY2007 Request ............................................................................................. 29

House-Passed H.R. 5441 ................................................................................................... 29

Senate-Passed H.R. 5441 .................................................................................................. 30

P.L. 109-295 ...................................................................................................................... 30

Issues for Congress............................................................................................................ 31

CBP Staffing...................................................................................................................... 31

Border Patrol Vehicles ....................................................................................................... 33

Border Technology Increase .............................................................................................. 33

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Infrastructure Construction ............................................................................................... 34

Tucson Sector Border Patrol Checkpoints ........................................................................ 35

Border Tunnels .................................................................................................................. 35

Cargo and Container Security ........................................................................................... 36

Radiation Detection Devices and Non-Intrusive Inspection (NII) Technology . .............. 38

CBP Air and Marine . ........................................................................................................ 39

Unmanned Aerial Vehicles ................................................................................................ 40

Shadow Wolves Transfer ................................................................................................... 40

Immigration and Customs Enforcement (ICE) ........................................................................ 41

President’s FY2007 Request ............................................................................................. 41

House-Passed H.R. 5441 ................................................................................................... 42

Senate-Passed H.R. 5441 .................................................................................................. 43

P.L. 109-295 ...................................................................................................................... 44

Office of Investigations/Immigration Functions ............................................................... 44

Secure Border Initiative .................................................................................................... 47

State and Local Law Enforcement . .................................................................................. 47

Transportation Security Administration (TSA) ....................................................................... 48

President’s FY2007 Request ............................................................................................. 48

House-Passed H.R. 5441 ................................................................................................... 52

Senate-Passed H.R. 5441 .................................................................................................. 54

P.L. 109-295 ...................................................................................................................... 56

TSA Issues for Congress ................................................................................................... 58

United States Coast Guard ....................................................................................................... 60

President’s FY2007 Request ............................................................................................. 60

House-Passed H.R. 5441 ................................................................................................... 60

Senate-Passed H.R. 5441 .................................................................................................. 61

P.L. 109-295 ...................................................................................................................... 61

Issues for Congress............................................................................................................ 61

Deepwater ......................................................................................................................... 61

Security Mission................................................................................................................ 62

Non-homeland Security Missions ..................................................................................... 63

U.S. Secret Service .................................................................................................................. 63

FY2007 Budget Request ................................................................................................... 64

House-Passed H.R. 5441 ................................................................................................... 64

Senate-Passed H.R. 5441 .................................................................................................. 64

P.L. 109-295 ...................................................................................................................... 65

Title III: Preparedness and Response ............................................................................................. 65

Preparedness Directorate ......................................................................................................... 68

Office of Grants and Training ........................................................................................... 68

Issues for Congress............................................................................................................ 69

Federal Emergency Management Agency (FEMA) ................................................................ 71

Hurricane Katrina Issues ................................................................................................... 71

Funding ............................................................................................................................. 71

Disaster Relief Fund .......................................................................................................... 72

National Disaster Medical System .................................................................................... 73

The National Emergency Management Title (Title VI) .................................................... 73

Infrastructure Protection and Information Security (IPIS) ...................................................... 74

President’s FY2007 Request ............................................................................................. 74

House-Passed H.R. 5441 ................................................................................................... 76

Senate-Passed H.R. 5441 .................................................................................................. 76

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P.L. 109-295 ...................................................................................................................... 77

Title IV: Research and Development, Training, Assessments, and Services ................................. 77

U.S. Citizenship and Immigration Services (USCIS) .............................................................. 80

President’s FY2007 Request ............................................................................................. 81

House-Passed H.R. 5441 ................................................................................................... 81

Senate-Passed H.R. 5441 .................................................................................................. 81

P.L. 109-295 ...................................................................................................................... 81

Issues for Congress............................................................................................................ 82

Federal Law Enforcement Training Center (FLETC) ............................................................. 82

President’s FY2007 Request ............................................................................................. 83

House-Passed H.R. 5441 ................................................................................................... 83

Senate-Passed H.R. 5441 .................................................................................................. 83

P.L. 109-295 ...................................................................................................................... 83

Science and Technology (S&T) ............................................................................................... 83

Domestic Nuclear Detection Office......................................................................................... 85

FY2007 Related Legislation .......................................................................................................... 87

Budget Resolution—S.Con.Res. 83/H.Con.Res ...................................................................... 87

Tables

Table 1. Legislative Status of Homeland Security Appropriations .................................................. 2

Table 2. FY2007 302(b) Discretionary Allocations for DHS .......................................................... 5

Table 3. FY2007 Request: Moving From Gross Budget Authority to Net Appropriation—

Fee Accounts, Offsetting Fees, and Trust and Public Enterprise Accounts ................................. 7

Table 4. DHS: Summary of Appropriations ..................................................................................... 9

Table 5. Title I: Department Management and Operations ............................................................ 13

Table 6. Title II: Security, Enforcement, and Investigations .......................................................... 25

Table 7. CBP S&E Sub-account Detail .......................................................................................... 30

Table 8. ICE S&E Sub-account Detail........................................................................................... 41

Table 9. TSA Gross Budget Authority by Budget Activity ............................................................ 49

Table 10. Title III: Preparedness and Response ............................................................................. 66

Table 11. FY2007 Appropriations, Office of Grants and Training Assistance Programs ............. 69

Table 12. FY2007 Budget Activity for the Infrastructure Protection and Information

Security Appropriation ............................................................................................................... 75

Table 13. Title IV: Research and Development, Training, Assessments, and Services ................. 78

Table 14. Research and Development Accounts and Activities, FY2006-FY2007 ....................... 85

Table B-1. Federal Homeland Security Funding by Agency, FY2002-FY2006 ............................ 92

Appendixes

Appendix A. FY2006 Supplemental Appropriations and Rescissions........................................... 88

Appendix B. DHS Appropriations in Context ............................................................................... 92

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Contacts

Author Contact Information........................................................................................................... 93

Key Policy Staff ............................................................................................................................. 94

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Most Recent Developments

P.L. 109-295 Signed into law

On October 4, 2006, P.L. 109-295 was signed into law. Both the House and Senate approved the

conference report (H.Rept. 109-699) on September 29, 2006; the House by a vote of 412-6, and

the Senate by a voice vote. P.L. 109-295 provides gross total budget authority of $41.4 billion for

the Department of Homeland Security (DHS) for FY2007. This amounts includes $1.8 billion in

emergency funding that was added to the bill during conference. P.L. 109-699 provides net

budget authority of $34.8 billion, including the emergency funding. Excluding the emergency

funding, P.L. 109-295 provides nearly $33.0 billion in net budget authority for DHS for FY2007.

Senate-Passed H.R. 5441

On July 13, 2006, the Senate passed H.R. 5441. The bill contains a total of $32.8 billion in net

budget authority for DHS for FY2007. This is $900 million more than the $31.9 billion net

appropriation requested by the Administration for FY2007. The Senate-passed H.R. 5441

represents a $.9 billion, or 3% increase, from the FY2006 enacted net budget authority of $31.9

billion. Senate-passed H.R. 5441 also includes a $648 supplemental appropriation for FY2006;

for more information on this supplemental appropriation please refer to Appendix A.

House-Passed H.R. 5441

On May 22, 2006, the House passed H.R. 5441. The bill contains a total of $33.2 billion in net

budget authority for DHS for FY2007. This is $1.2 billion more than the $31.9 billion net

appropriation requested by the Administration for FY2007. However, this difference is almost

entirely ($1.2 billion) due to the aviation security fee increase requested by the Administration,

but which would be denied by the House bill. The House-passed H.R. 5441 amount of $33.2

billion is $1.2 or a 4% increase compared with the FY2006 enacted net budget authority of $31.9

billion.

President’s FY2007 Budget Submitted

The President’s budget request for DHS for FY2007 was submitted to Congress on February 6,

2006. The Administration requested $42.7 billion in gross budget authority for FY2007 (including

mandatories, fees, and funds). The Administration’s request includes gross appropriations of

$39.8 billion, and a net appropriation of $32.0 billion in budget authority for FY2007, of which

$31.0 billion is discretionary budget authority, and $1 billion is mandatory budget authority. The

FY2006 enacted net appropriated budget authority for DHS was $32.0 billion.

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Table 1. Legislative Status of Homeland Security Appropriations

Subcommittee

Markup

House

Senate

05/11

vv

06/27

vv

House

Report

109-476

House

Passage

05/17

vv

06/06

389-9

Senate

Report

109-273

Senate

Passage

06/29

28-0

07/13

100-0

Conf.

Report

109-699

Conference

Report Approval

House

Senate

09/28

—

09/29

412-6

09/29

vv

Public Law

109-295

10/04

—

Note: vv = voice vote

Note on Most Recent Data

Data used in this report are from the President’s Budget Documents; the FY2007 DHS

Congressional Budget Justifications; the FY2007 DHS Budget in Brief; the House Appropriations

Committee tables of April 19, 2006; the House Committee Report to H.R. 5441, H.Rept. 109476; the Senate Committee Report to H.R. 5441, S.Rept. 109-273; the Conference Committee

report to H.R. 5441, H.Rept. 109-699; and P.L. 109-295. Data used in Table B-1 are taken from

the Analytical Perspectives volume of the FY2007 President’s Budget. These amounts do not

correspond to amounts presented in Tables 4-11, which are based on data from tables supplied by

the Appropriations Subcommittees and from the FY2006 DHS Congressional Budget

Justifications in order to best reflect the amounts that will be used throughout the congressional

appropriations process. Most dollar amounts presented in this report are reported in millions of

dollars. Where lesser amounts are presented, these amounts will be shown in italics. For example:

$545,000.

Background

This report describes the President’s FY2007 request for funding for DHS programs and

activities, as submitted to Congress on February 6, 2006. It compares the enacted FY2006

amounts to the request for FY2007. This report also tracks legislative action and congressional

issues related to the FY2007 DHS appropriations bill, with particular attention paid to

discretionary funding amounts. However, this report does not follow specific funding issues

related to mandatory funding—such as retirement pay—nor does the report systematically follow

any legislation related to the authorization or amendment of DHS programs.

Department of Homeland Security

The Homeland Security Act of 2002 (P.L. 107-296) transferred the functions, relevant funding,

and most of the personnel of 22 agencies and offices to the new Department of Homeland

Security created by the act.

Appropriations measures for DHS have been organized into four titles: Title I Departmental

Management and Operations; Title II Security, Enforcement, and Investigations; Title III

Preparedness and Recovery; and Title IV Research and Development, Training, Assessments, and

Services. Title I contains appropriations for the Office of Management, the Office of the

Secretary, the Office of the Chief Financial Officer (CFO), Analysis and Operations (A&O), the

Office of the Chief Information Officer (CIO), and the Office of the Inspector General (OIG).

Title II contains appropriations for the U.S. Visitor and Immigrant Status Indicator Technology

(US-VISIT) program, Customs and Border Protection (CBP), Immigration and Customs

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Enforcement (ICE), the Transportation Security Administration (TSA), the Coast Guard, and the

Secret Service. Title III contains appropriations for the Preparedness Directorate, the Federal

Emergency Management Agency (FEMA), Infrastructure Protection and Information Security

(IPIS), and the state and local grants programs. Title IV contains appropriations for U.S.

Citizenship and Immigration Services (USCIS), the Science and Technology Directorate (S&T),

and the Federal Law Enforcement Training Center (FLETC).

Secretary Chertoff’s Second Stage Review

On July 13, 2005, the Secretary of DHS, Michael Chertoff, announced the results of the monthslong Second Stage Review (2SR)1 that he undertook upon being confirmed as DHS Secretary.2

The proposed changes affect many aspects of the department. The Secretary has designed a sixpoint agenda based upon the results of the 2SR:

•

increase overall preparedness, particularly for catastrophic events;

•

create better transportation security systems to move people and cargo more

securely and efficiently;

•

strengthen border security and interior enforcement and reform immigration

processes;

•

enhance information sharing with our partners;

•

improve DHS financial management, human resources development,

procurement, and information technology; and

•

realign the DHS organization to maximize mission performance.

On July 22, 2005, the Administration also submitted a revised budget request for DHS to reflect

the organizational and policy changes recommended by the 2SR.3 The Administration submitted

its requested amendments to the FY2006 budget request for DHS after both the House and Senate

had passed their versions of H.R. 2360. Therefore, any proposed changes were addressed during

the conference on H.R. 2360. The conferees noted that, for the most part, they have complied

with the Administration’s request to restructure DHS, and P.L. 109-90 adopted the following

changes:

•

abolished the Office of the Undersecretary for Border and Transportation

Security, redistributing its functions to other locations within DHS;

1

For more information, see CRS Report RL33042, Department of Homeland Security Reorganization: The 2SR

Initiative, by (name redacted) and (name redacted).

2

For text of the Secretary’s speech see DHS, Remarks by Secretary Michael Chertoff on the Second Stage Review of

the Department of Homeland Security, July 13, 2005, Washington, DC, at http://www.dhs.gov/dhspublic/interapp/

speech/speech_0255.xml. For an overview of the proposed changes see DHS, Homeland Security Secretary Michael

Chertoff Announces Six-Point Agenda for Department of Homeland Security, July 13, 2005, Washington, DC, at

http://www.dhs.gov/dhspublic/interapp/press_release/press_release_0703.xml. Proposed organizational chart at

http://www.dhs.gov/interweb/assetlibrary/DHSOrgCharts0705.pdf.

3

See Communication from the President of the United States, Request for FY2006 Budget Amendments, 109th

Congress, 1st sess., H.Doc. 190-50, July 22, 2005.

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•

split the Directorate of Information Analysis and Infrastructure Protection into

two new operational components: Analysis and Operations, and the Preparedness

Directorate;

•

moved all state and local grants within DHS to the Preparedness Directorate;

•

transferred the Federal Air Marshals program from ICE to TSA; and

•

included and expanded the role of the Office of Policy.4

The DHS Congressional Budget Justifications for FY2007 also reflect these changes.

302(a) and 302(b) Allocations

The maximum budget authority for annual appropriations (including DHS) is determined through

a two-stage congressional budget process. In the first stage, Congress sets overall spending totals

in the annual concurrent resolution on the budget. Subsequently, these amounts are allocated

among the appropriations committees, usually through the statement of managers for the

conference report on the budget resolution. These amounts are known as the 302(a) allocations.

They include discretionary totals available to the House and Senate Committees on

Appropriations for enactment in annual appropriations bills through the subcommittees

responsible for the development of the bills. In the second stage of the process, the appropriations

committees allocate the 302(a) discretionary funds among their subcommittees for each of the

appropriations bills. These amounts are known as the 302(b) allocations. These allocations must

add up to no more than the 302(a) discretionary allocation and form the basis for enforcing

budget discipline, since any bill reported with a total above the ceiling is subject to a point of

order. 302(b) allocations may be adjusted during the year as the various appropriations bills

progress towards final enactment.

The annual concurrent resolution on the budget sets forth the congressional budget. The Senate

budget resolution, S.Con.Res. 83 was introduced on March 10, 2006, and passed the Senate on

March 16, 2006. S.Con.Res. 83, would provide $873 billion in discretionary budget authority for

FY2007. H.Con.Res. 376 was introduced and reported on March 31, 2006, and passed the House

on May 18, 2006. H.Con.Res. 376 would provide $873 billion in discretionary budget authority

for FY2007. The anticipated difficulties in resolving the substantial differences between the

House- and Senate-passed versions of the budget resolution led to both the House and the Senate

adopting deeming resolutions. These deeming resolutions set the discretionary spending levels for

FY2007 at $873 billion.5

4

H.Rept. 109-241, p. 30.

Deeming resolutions serve as an annual budget resolution to establish enforceable budget levels in the absence of an

actual congressionally adopted budget resolution. For more information, see CRS Report RL31443, The “Deeming

Resolution”: A Budget Enforcement Tool, by (name redacted).

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Table 2. FY2007 302(b) Discretionary Allocations for DHS

(budget authority in billions of dollars)

FY2006

Comparable

FY2007 Request

Comparable

FY2007 House

Allocation

FY2007 Senate

Allocation

FY2007 Enacted

Comparable

30.3

31.0

32.1

31.9

31.7

Source: House Appropriations Committee press release, May 4, 2006; H.Rept. 109-488, Report on the Revised

Suballocation of Budget Allocations for FY2007; S.Rept. 109-268, Allocations to Subcommittees of Budget Totals for

FY2007; and the Conference Report to H.R. 5441, H.Rept. 109-699. FY2007 enacted comparable does not

include funding designated as emergency funding or offsetting receipts.

Budget Authority, Obligations, and Outlays

Federal government spending involves a multi-step process that begins with the enactment of a

budget authority by Congress in an appropriations act. Federal agencies then obligate funds from

the enacted budget authority to pay for their activities. Finally, payments are made to liquidate

those obligations; the actual payment amounts are reflected in the budget as outlays.

Budget authority is established through appropriations acts or direct spending legislation and

determines the amounts that are available for federal agencies to spend. The Antideficiency Act6

prohibits federal agencies from obligating more funds than the budget authority that was enacted

by Congress. Budget authority may be indefinite, however, when Congress enacts language

providing “such sums as may be necessary” to complete a project or purpose. Budget authority

may be available on a one-year, multi-year, or no-year basis. One-year budget authority is only

available for obligation during a specific fiscal year; any unobligated funds at the end of that year

are no longer available for spending. Multi-year budget authority specifies a range of time during

which funds can be obligated for spending; no-year budget authority is available for obligation

for an indefinite period of time.

Obligations are incurred when federal agencies employ personnel, enter into contracts, receive

services, and engage in similar transactions in a given fiscal year. Outlays are the funds that are

actually spent during the fiscal year.7 Because multi-year and no-year budget authorities may be

obligated over a number of years, outlays do not always match the budget authority enacted in a

given year. Additionally, budget authority may be obligated in one fiscal year but spent in a future

fiscal year, especially with certain contracts.

In sum, budget authority allows federal agencies to incur obligations and authorizes payments, or

outlays, to be made from the Treasury. Discretionary agencies and programs, and appropriated

entitlement programs, are funded each year in appropriations acts.

6

31 U.S.C. §§1341, 1342, 1344, 1511-1517.

Appropriations, outlays, and account balances for government treasury accounts can be viewed in the end of year

reports published by the U.S. Treasury titled Combined Statement of Receipts, Outlays, and Balances of the United

States Government. The DHS portion of the report can be accessed at http://fms.treas.gov/annualreport/cs2005/c18.pdf.

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Discretionary and Mandatory Spending

Gross budget authority, or the total funds available for spending by a federal agency, may be

composed of discretionary and mandatory spending. Of the $42.7 billion gross budget authority

requested for DHS in FY2007, 83% is composed of discretionary spending and 17% is composed

of mandatory spending.

Discretionary spending is not mandated by existing law and is thus appropriated yearly by

Congress through appropriations acts. The Budget Enforcement Act8 of 1990 defines

discretionary appropriations as budget authority provided in annual appropriation acts and the

outlays derived from that authority, but it excludes appropriations for entitlements. Mandatory

spending, also known as direct spending, consists of budget authority and resulting outlays

provided in laws other than appropriation acts and is typically not appropriated each year.

However, some mandatory entitlement programs must be appropriated each year and are included

in the appropriations acts. Within DHS, the Coast Guard retirement pay is an example of

appropriated mandatory spending.

Offsetting Collections9

Offsetting funds are collected by the federal government, either from government accounts or the

public, as part of a business-type transaction such as offsets to outlays or collection of a fee.

These funds are not counted as revenue. Instead, they are counted as negative outlays. DHS net

discretionary budget authority, or the total funds that are appropriated by Congress each year, is

composed of discretionary spending minus any fee or fund collections that offset discretionary

spending.

Some collections offset a portion of an agency’s discretionary budget authority. Some of these

fees offset spending at the account level and are subtracted from the Appropriations Committee

tables directly below the program they offset. An example of this is the Federal Protective

Service, which is immediately offset in the appropriations tables by an intergovernmental transfer

from the General Services Administration. Other discretionary fees offset spending at the agency

level and are thus subtracted from the discretionary budget authority of the agency to arrive at the

actual appropriated level. An example of this is the Immigration Inspection fee, which is collected

at Ports of Entry by Customs and Border Protection (CBP) personnel and is used to offset both

the CBP and Immigration and Customs Enforcement (ICE) appropriations.

Other collections offset an agency’s mandatory spending. They are typically entitlement programs

under which individuals, businesses, or units of government that meet the requirements or

qualifications established by law are entitled to receive certain payments if they establish

eligibility. The DHS budget features two mandatory entitlement programs: the Secret Service and

Coast Guard retired pay accounts (pensions). Some entitlements are funded by permanent

appropriations, others by annual appropriations. The Secret Service retirement pay is a permanent

appropriation and as such is not annually appropriated, whereas the Coast Guard retirement pay is

annually appropriated. In addition to these entitlements, the DHS budget contains offsetting Trust

8

9

P.L. 101-508, Title XIII.

Prepared with assistance from Bill Heniff, Jr., Analyst in American National Government.

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and Public Enterprise Funds. These funds are not appropriated by Congress; they are available for

obligation and included in the President’s budget to calculate the gross budget authority.

Table 3 tabulates all of the offsets within the DHS budget as enacted for FY2006 and in the

FY2007 request.

Table 3. FY2007 Request: Moving From Gross Budget Authority to Net

Appropriation—Fee Accounts, Offsetting Fees, and Trust

and Public Enterprise Accounts

(budget authority in millions)

Account/Agency

Account Name

DHS gross budget authority

(gross discretionary + fees+ mandatory + funds)

FY2006

FY2007

40,826

42,719

482

516

1,990a

3,650a

TWIC

100

20

Hazmat

50

19

Registered Traveler

20

35

FEMA/EPR

National flood insurance fund

124

129

CBP

Small airports

5

6

-2,791

-4,460

Immigration inspection

465

529

Immigration enforcement

6

2

Land border

30

28

COBRA

334

388

APHIS

204

214

Puerto Rico

98

98

Immigration inspection

100

108

SEVIS

67

54

Breached bond detention fund

87

90

Aviation security capital fund

250

250

Alien flight school background checks

10

2

1,730

1,760

44

44

-3,425

-3,567

Account level discretionary offset

ICE

TSA

Federal Protective Service

Aviation security fees

Subtotal account level discretionary offsets

Agency level discretionary offset

CBP

ICE

TSA

USCIS

Immigration examination fee

H1b, and H1b & L fees

Subtotal agency level discretionary offsets

Mandatory budget authority

Secret service

Secret service retired payb

200

200

Coast guard

Coast guard retired payc

(1,014)

(1,063)

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Homeland Security Department: FY2007 Appropriations

Account/Agency

Account Name

Subtotal mandatory budget authority

FY2006

FY2007

-200

-200

8

8

2,104

2,233

Trust funds and public enterprise funds

CBP

Customs unclaimed goods

FEMA

National Flood Insurance Fundd

Coast Guard

Boat safety

101

115

Oil spill recovery

168

127

Miscellaneous revolving fund

(11)

(11)

-2,381

-2,483

DHS gross budget authority

40,826e

42,719

Total offsetting collections

-8,797

-10,710

DHS net appropriated BA (Mandatory + Discretionary)

31,743

32,015

Subtotal trust and public enterprise funds

Source: CRS analysis of the FY2007 President’s Budget, DHS Budget in Brief, and House Appropriations

Committee tables of April 19, 2006.

Notes: Totals may not add due to rounding.

a.

There is a discrepancy reported in the amount of aviation security fees collected by TSA, for both FY2006

and 2007. The enacted level aviation security fees for FY2006 was $1,990 million, and this is the amount

reported in the current committee tables. The Administration FY2007 budget documents and the DHS

Congressional Budget Justifications report the FY2006 amount as $2,010 million. The Administration has

requested an increase in aviation security fees for FY2006, and the budget documents estimate the

offsetting collections at $3,736 million. The latest committee tables show $3,650 million for FY2007 (a

difference of $86 million from the President’s budget) based on estimates by the Congressional Budget

Office. In order to complete the crosswalk in Table 3, we have used the enacted amount for FY2006

($1,990) and the committee table amount ($3,650) for FY2007.

b.

Secret Service Retired Pay is permanently and indefinitely authorized, and as such is not annually

appropriated. Therefore it is offset in Table 3.

c.

In contrast to Secret Service Retired Pay, Coast Guard Retired pay must be annually appropriated, and

therefore is not offset in Table 3.

d.

This fund is comprised of both discretionary and mandatory appropriations; thus its component parts

appear twice in this table.

e.

The President’s budget for FY2006 includes a $261 million charge within the Coast Guard for Health Care

Fund Contributions that is not replicated in the House Appropriation Committee tables. For this reason,

the FY2006 column does not add.

Appropriations for the Department of

Homeland Security

Summary of DHS Appropriations

Table 4 is a summary table comparing the enacted appropriations for FY2006 and the requested

amounts for FY2007. The President’s budget request for FY2007 was submitted to Congress

February 6, 2006. The Administration requested $42.7 billion in gross budget authority for

FY2007 (including mandatories, fees, and funds). The Administration’s request includes gross

appropriations of $39.8 billion, and a net appropriation of $32.0 billion in budget authority for

Congressional Research Service

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Homeland Security Department: FY2007 Appropriations

FY2007, of which $31.0 billion is discretionary budget authority, and $1 billion is mandatory

budget authority. The FY2006 enacted net appropriated budget authority for DHS was $31.7

billion.

P.L. 109-295 provides $39.8 billion in gross budget authority for DHS for FY2007. Including

emergency funding, P.L. 109-295 provides $41.4 billion in gross budget authority for DHS. P.L.

109-295 provides $34.8 billion in net budget authority for DHS in FY2007 (including the

emergency funding) and $33.0 billion in net budget authority (not including the emergency

funding). House-passed H.R. 5441 would have provided $39.8 billion in gross budget authority

and $33.2 billion in net budget authority for DHS in FY2007. Senate-passed H.R. 5441 would

have provided $39.7 billion in gross budget authority and $32.7 billion in net budget authority for

DHS in FY2007.

Table 4. DHS: Summary of Appropriations

(budget authority in millions of dollars)

Operation

al

Componen

t

FY2006 Appropriation

FY200

6

Enacte

d

FY200

6

Supp.

FY200

6

Resc.

FY200

6

Total

FY200

7

Reque

st

FY200

7

House

FY200

7

Senat

e

1,074

960

FY2007 Appropriation

FY200

7

Enacte

d

FY200

7

Emer

g.

FY200

7

Total

969

1,011

—

1,011

Title I: Departmental Operations

Subtotal:

Title I

907

53

-27

933

Title II: Security, Enforcement, and Investigations

—Screening

and

Operations

Office/ USVISIT

—Customs

and Border

Protection

—

Immigration

and

Customs

Enforcement

340

—

-3

337

399

362

399

362

—

362

857

-60

6,749

6,574

6,434

6,683

6,435

1,601

8,035

340

-33

3,483

3,928

3,876

3,919

3,928

30

3,958

—

-58

3,866

2,323

3,618

3,816

3,628

—

3,628

588

-343

8,056

8,181

8,129

8,188

8,140

176

8,316

24

-12

1,224

1,265

1,293

1,226

1,277

—

1,277

1,809

-508

23,71

22,670

23,71

24,23

23,770

1,807

25,57

5,952

3,175

—

Transportati

on Security

Administrati

on

3,924

—U.S.

Coast

Guard

7,811

—U.S.

Secret

Service

1,212

Net

22,414

Congressional Research Service

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Homeland Security Department: FY2007 Appropriations

Operation

al

Componen

t

FY2006 Appropriation

FY200

6

Enacte

d

FY200

6

Supp.

FY200

6

Resc.

subtotal:

Title II

—Total fee

collections

Gross

subtotal:

Title II

FY200

6

Total

FY200

7

Reque

st

5

4,302

FY200

7

House

FY200

7

Senat

e

2

1

FY2007 Appropriation

FY200

7

Enacte

d

FY200

7

Emer

g.

FY200

7

Total

7

—

—

4,302

6,009

4,779

5,029

4,779

—

4,779

1,809

-508

28,01

7

28,679

28,49

1

29,26

0

28,550

1,807

30,35

7

26,716

Title III: Preparedness and Recovery

—

Preparednes

s

Directorate

4,072

—Counter

Terrorism

Fund

2

—Federal

Emergency

Management

Administrati

on

Net

subtotal:

Title III

2,633

25

-41

4,056

3,419

4,069

3,901

4,018

—

4,018

—

—

2

—

—

—

—

—

—

6,379

-26

8,986

2,964

2,656

2,606

2,511

—

2,511

6,404

-67

13,04

4

6,383

6,725

6,507

6,529

—

6,529

6,707

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

—

Citizenship

and

Immigration

Services

115

—Federal

Law

Enforcement

Training

Center

282

—Science

and

Technology

1,502

—Domestic

Nuclear

Detection

Office

—

-1

114

182

162

135

182

—

182

25

-2

305

246

253

271

253

22

275

—

-15

1,487

1,002

956

818

973

—

973

—

—

—

535

500

442

481

—

481

25

-18

1,906

1,965

1,871

1,667

1,889

22

1,911

—

—

1,774

1,804

1,804

1,889

1,804

—

1,804

—

Net

subtotal:

Title IV

1,899

—Total fee

collections

1,774

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Homeland Security Department: FY2007 Appropriations

Operation

al

Componen

t

Gross

subtotal:

Title IV

FY2006 Appropriation

FY200

6

Enacte

d

FY200

7

Reque

st

FY200

7

House

FY200

7

Senat

e

FY2007 Appropriation

FY200

7

Enacte

d

FY200

7

Emer

g.

FY200

7

Total

3,555

3,693

22

3,715

-20

-582

-232

—

-232

FY200

6

Supp.

FY200

6

Resc.

FY200

6

Total

25

—

3,680

3,769

3,675

—

—

—

-16

3,673

Title V: General Provisions

—

Rescissions

—

a

Department of Homeland Security Appropriation

Gross DHS

budget

authority

38,003

—Total fee

collections

-6,076

Net DHS

budget

authority

8,291

-620

45,67

4

39,889

39,83

1

39,70

9

39,783

1,829

41,38

0

—

—

-6,076

-7,813

-6,583

-6,918

-6,815

—

-6,583

8,291

-620

39,59

8

32,076

33,24

8

32,79

2

32,967

1,829

34,79

6

31,927

Source: FY2006 enacted numbers from CRS analysis of the conference report to H.R. 2360, H.Rept. 109-241;

FY2006 supplemental numbers from CRS analysis of P.L. 109-61, P.L. 109-62, P.L. 109-88, and P.L. 109-148;

FY2006 rescission numbers from CRS analysis of P.L. 109-148, P.L. 109-234, and the FY2007 DHS Justifications.

FY2007 request numbers from the FY2007 DHS Justifications. FY2007 numbers from the conference report

(H.Rept. 109-476) to H.R. 5441.

Notes: Totals may not add due to rounding. Amounts in parentheses are non-adds. For a more detailed analysis

of the supplemental appropriations, refer to Appendix A.

a.

FY2006 rescissions, including those in Title V or the General Provisions are displayed in the rescission

column of the appropriate account. FY2007 Title V or General Provision rescissions are aggregated here for

simplicity. FY2007 House-passed Title V rescissions include -$16 million from the Counter Terrorism Fund

and -$4 million in TSA unobligated balances. Senate-passed H.R. 5441 includes a series of rescissions from

unobligated balances of prior-year appropriations that are used to offset FY2007 appropriations, including $67 million from TSA Aviation Security and Headquarters and Management accounts; -$16 million from the

Counterterrorism Fund; -$55 million from the Science and Technology Management and Administration

account; -$184 million from the Science and Technology Research, Development, Acquisitions and

Operations account; -$103 million from the U.S. Coast Guard from funds appropriated in P.L. 109-90; -$14

million from CBP Air and Marine Operations from funds appropriated in P.L. 109-90; and -$99 million from

the Science and Technology Research and Development account. Senate-passed H.R. 5441 also includes the

following FY2007 rescissions: -$43 million from travel and transportation expenses throughout DHS; and

-$1 million from printing and reproduction expenses throughout DHS. Title V of P.L. 109-295 includes

rescissions of -$16 million form the Counterterrorism Fund, and rescissions of unobligated balances from:

S&T -$125 million, TSA -$67 million, USCG -$20 from the Acquisition, Construction, and Improvements

account for the development of the Offshore Patrol Cutter, -$20 million, and from Acquisition,

Construction, and Improvements account for the Automatic Identification System -$4 million. Title V of P.L.

109-295 also contains two re-appropriations of previously appropriated, but unobligated funds, including:

$78 million in funding that was appropriated by P.L. 109-90 for the USCG’s Fast Response Cutter that is

rescinded and re-appropriated by Sec. 521 of P.L. 109-295 for the USCG’s Replacement Patrol Boat; and $3

million that is rescinded and re-appropriated by Sec. 560 of P.L. 109-295 from USSS unobligated balances to

National Security Special Events (NSSE).

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Homeland Security Department: FY2007 Appropriations

Title I: Departmental Management and Operations10

Title I covers the general administrative expenses of DHS. It includes the Office of the Secretary

and Executive Management (OS&EM), which is comprised of the immediate Office of the

Secretary and 11 entities that report directly to the Secretary; the Office of Screening

Coordination and Operations (OSCO); the Undersecretary for Management (USM) and its

components, such as offices of the Chief Procurement Officer, Chief Human Capital Officer, and

Chief Administrative Officer; the Office of the Chief Financial Officer (OCFO); the Office of the

Chief Information Officer (CIO); Analysis and Operations Office (AOO); and the Office of the

Inspector General (OIG). Table 5 shows Title I appropriations for FY2006 and congressional

action on the request for FY2007.

President’s FY2007 Request

FY2007 requests relative to comparable FY2006 enacted appropriations are as follows: OS&EM,

$98 million, a decrease of $28 million (-22%); OSCO, $4 million, the same as previously

provided; USM, $209 million, an increase of $40 million (24%); OCFO, $44 million, an increase

of $25 million (+132%); OCIO, $324 million, an increase of $27 million (+9%); and OIG, $96

million, an increase of $13 million (+16%). The total FY2007 request for Title I was $1,074

million. This represents an increase of $167 million (18%) over the FY2006 enacted level (not

including supplemental appropriations).

House-Passed H.R. 5441

With slight exception, appropriators, in making their recommendations for Title I accounts, cut

allocations relative to both FY2006 funding and the President’s requests for FY2007. The

requested amount for OS&EM was decreased by a little more than $1.5 million to a

recommended amount of approximately $96 million, which, after adjustment for floor offset

amendments, was reduced to $84 million. OSCO was not allocated monies as a separate entity,

but its activities were funded in the Office of Policy within OS&EM. The USM request was

slashed by almost $50 million, with $159 million recommended, which, after adjustment for floor

offset amendments, was reduced to $70 million. OCFO received a modest reduction of less than

$1 million in its request, with $43 million recommended. OCIO, however, was recommended an

increase of $41 million above its request to make a total proposed allocation of $365 million,

whereas OIG was recommended $96 million as requested. These recommended and otherwise

adjusted amounts were approved by the House.

Senate-Passed H.R. 5441

Appropriators largely funded OS&EM accounts at or below FY2006 levels, and the Senate

ultimately approved almost $83 million, which was about $15 million less than the amount

requested by the President. OSCO was not allocated monies as a separate entity, but its activities

were funded in the Office of Policy within OS&EM. Other accounts in Title I—OCFO, OCIO,

and OIG—were generally funded at levels below the President’s request, but above FY2006

10

Prepared by (name redacted), Specialist in American National Government, Government and Finance Division.

Congressional Research Service

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Homeland Security Department: FY2007 Appropriations

amounts. The Senate approved a total of $969 million for Title I accounts, $9 million more than

the House allocation and $105 million less than the President’s request.

P.L. 109-295

P.L. 109-295 provides $94 million for OS&EM instead of the $84 million approved by the House

and $83 million approved by the Senate. Conferees explained they had “made reductions to the

[President’s] budget request due to a large number of vacancies and unobligated balances within

certain offices” of OS&EM.11 The Citizenship and Immigration Services Ombudsman and the

Privacy Officer were funded at the requested levels, but all other OS&EM accounts were trimmed

in conference. Conferees agreed to provide a little over $2 million for a separate Office of

Counternarcotics Enforcement, which had previously been funded through the Office of Chief of

Staff account. Other entities experiencing considerable reductions in their funding requests were

USM (-$51 million), OCFO ($-18), and OIG (-$11 million), whereas OCIO received an increase

(+$25 million) to its request.

Table 5. Title I: Department Management and Operations

(budget authority in millions of dollars)

FY2006 Appropriation

Operational Component

FY2007 FY2007 FY2007 FY2007

FY2006 FY2006 FY2006 FY2006 Request House Senate Enacted

Enacted Supp.

Resc.

Total

Office of the Secretary and Executive

Management

79

51

—

130

98

84

83

94

Office of Screening Coordination and

Operations

4

—

-4

—

4

—

—

—

Office of the Undersecretary for

Management

169

—

-2

167

209

70

163

154

Office of the Chief Financial Officer

19

—

—

19

44

43

27

26

Office of the Chief Information Officer

297

—

-3

294

324

365

307

349

Analysis and Operations

255

—

-2

253

299

299

299

300

Office of the Federal Coordinator for

Gulf Coast Rebuilding

—

—

—

—

—

3

—

3

Office of the Inspector General

83

2

-1

84

96

96

90

85

Net Budget Authority: Title I

907

53

-27a

933a

1,074

960

969

1,011

Source: FY2006 enacted numbers from CRS analysis of the Conference Report to H.R. 2360, H. Rept.109-241;

FY2006 supplemental numbers from CRS analysis of P.L. 109-61, P.L. 109-62, P.L. 109-88, and P.L. 109-148;

FY2006 rescission numbers from CRS analysis of P.L. 109-148, P.L. 109-234, and the FY2007 DHS Justifications.

FY2007 request numbers from the FY2007 DHS Justifications. FY2007 numbers from the conference report

(H.Rept. 109-476) to H.R. 5441.

11

U.S. Congress, House Committee of Conference, Making Appropriations for the Department of Homeland Security

for the Fiscal Year Ending September 30, 2007, and for Other Purposes, conference report to accompany H.R. 5441,

109th Cong., 2nd sess., H.Rept. 109-699 (Washington: GPO, 2006), p. 114.

Congressional Research Service

13

Homeland Security Department: FY2007 Appropriations

Notes: No FY2007 funding for Title I was designated as emergency spending. Totals may not add due to

rounding. Amounts in parentheses are non-adds. For a more detailed analysis of the supplemental appropriations,

please refer to Appendix A.

a.

This total includes a $15 million rescission from the Working Capital Fund which was included in Title V of

H.Rept. 109-241.

Analysis and Operations12

Background

The DHS Intelligence mission is outlined in Title II of the Homeland Security Act of 2002

(codified at 6 U.S.C. 121). Organizationally, and from a budget perspective, there have been a

number of changes to the information, intelligence analysis, and infrastructure protection

functions at DHS. Pursuant to the Homeland Security Act of 2002, the Information Analysis and

Infrastructure Protection (IAIP) Directorate was established. The act created an Undersecretary

for IAIP to whom two Assistant Secretaries, one each for Information Analysis (IA) and

Infrastructure Protection (IP), reported. The act outlined 19 functions for the IAIP Directorate, to

include the following, among others:

•

To assess, receive, and analyze law enforcement information, intelligence

information, and other information from federal, state, and local government

agencies, and the private sector to (1) identify and assess the nature and scope of

the terrorist threats to the homeland, (2) detect and identify threats of terrorism

against the United States, and (3) understand such threats in light of actual and

potential vulnerabilities of the homeland;

•

To develop a comprehensive national plan for securing the key resources and

critical infrastructure of the United States;

•

To review, analyze, and make recommendations for improvements in the policies

and procedures governing the sharing of law enforcement information,

intelligence information, and intelligence-related information within the federal

government and between the federal government and state and local government

agencies and authorities.13

Pursuant to DHS Secretary Michael Chertoff’s Second Stage Review,14 and the Conference

Report to H.R. 2360, Department of Homeland Security Act FY2006,15 a number of

organizational changes were announced. Some of these changes include the following:

•

The IAIP Directorate was disbanded. Intelligence Analysis was organizationally

separated from Infrastructure Protection.

12

Prepared by (name redacted), Specialist in Domestic Intelligence and Counterterrorism, Domestic Social Policy

Division.

13

See Title II, Subtitle A, Section 201(d), Responsibilities of the Undersecretary (of IAIP), codified at 6 U.SC. §121.

See also Department of Homeland Security, Office of the Inspector General, Survey of the Information Analysis and

Infrastructure Protection Directorate, Office of Inspections, Evaluations, and Special Reviews, OIG-04-413, Feb.

2004, p. 26.

14

See “Homeland Security Secretary Michael Chertoff Announces Six-Point Agenda for Department of Homeland

Security,” DHS Press Release, July 13, 2005.

15

See H.Rept. 109-241, in Congressional Record, Sept. 29, 2005, pp. H8585 - H8625.

Congressional Research Service

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Homeland Security Department: FY2007 Appropriations

•

The Undersecretary of IAIP was dissolved and a new Undersecretary for

Preparedness was created.

•

Two new offices were created—the Office of Intelligence and Analysis, and the

Office of Operations Coordination (which includes the Homeland Security

Operations Center [HSOC]).

•

The Assistant Secretary for the Office of Intelligence and Analysis was

designated the DHS Chief Intelligence Officer and reports directly to the

Secretary.

•

A new budget account—Analysis and Operations (A&O)—was created within

Title I, Departmental Management and Operations.

The A&O account “supports the activities of the Office of Intelligence and Analysis and the

Directorate of Operations. Even though these two offices are different and distinct in their

missions, they work together to improve intelligence, information sharing, and coordination.”16

There are two budget activities within this account—the Office of Intelligence and Analysis,

which leads the DHS Intelligence Enterprise,17 and the Directorate of Operations Coordination,

which “disseminate (s) threat information, provides domestic situational awareness, performs

incident management, and ensures operations coordination among DHS components with specific

threat responsibilities.”18 Table 5 shows Title I appropriations for FY2006 and congressional

action on the request for FY2007.

Budget Structure Changes

The budget for IAIP for FY2004 and FY2005 was located within Title IV (Research and

Development, Training, Assessments, and Services) of the DHS Appropriations Bills.19 In

FY2006, the budget for IA-related functions moved to Title I (Department Management and

Operations). A new A&O account was established within Title I. According to the FY2006

Department of Homeland Security Appropriations Act (P.L. 109-90), $256 million was

appropriated for “necessary expenses for information analysis, as authorized by Title II of the

Homeland Security Act of 2002 ... to remain available until September 30, 2007.”

President’s FY2007 Request

The FY2007 request for Title I, A&O is $299 million and 475 full-time equivalent positions

(FTEs). This represents an increase of 18.1% more than the FY2006 revised enacted amount of

$253 million, and an increase of 12 FTEs.20

16

See DHS FY 07 Congressional Justification, p. AO-3.

The Intelligence Enterprise is defined as “all those component organizations within the Department that have

activities producing raw information, intelligence-related information and/or finished intelligence.” See DHS

Intelligence Enterprise Strategic Plan, Jan. 2006.

18

See DHS FY 07 Congressional Justification, p. AO-3.

19

See CRS Report RL32302, Appropriations for FY2005: Department of Homeland Security, by (name redacted) and

(name redacted); and CRS Report RL32863, Homeland Security Department: FY2006 Appropriations, coordinated by

(name redacted) and (name redacted).

20

Adjustments to the FY06 base include 57 FTE and $16.6 million.

17

Congressional Research Service

15

Homeland Security Department: FY2007 Appropriations

House-Passed H.R. 5441

The House Appropriations Committee recommended $299 million, an amount equal to the level

of funding requested by the President for FY2007. This amount is approximately $46 million in

excess of the $253 million FY2006 appropriation for the activities associated with these DHS

functions. In the report accompanying H.R. 5441, the Appropriations Committee also made the

following points:

•

It denied DHS’s request to rename the Directorate of Operations Coordination

the Directorate of Operations based on the Committee’s position that the

Directorate’s function is “...to support decision makers rather than to direct

activities.”21

•

It directed the HSOC and ICE report, not later than January 16, 2007, on the

number, location, planned deployments, composition, and budgets of DHSproposed situational awareness teams, noting that the House Select Bipartisan

Committee to Investigate the Preparation for and Response to Hurricane Katrina

found that the HSOC failed to provide valuable situational information to the

White House. These teams are designed to provide “ground truth” as they are

deployed throughout the country during an emergency.

•

It directed the Office of Intelligence and Analysis to continue to provide the

Committee with quarterly threat briefings, and noted that it is “...encouraged by

the leadership put into place...”22 at the Department’s OIA.

•

It directed that a report be provided to the Committee by January 16, 2007, on the

total number of intelligence fusion centers, their funding sources and amounts,

and where additional fusion centers are necessary. The Committee “...strongly

supports information sharing between the intelligence community and people

responsible for taking action on that intelligence.”23

•

It supports IA’s recent effort to develop a staffing, recruitment, and training plan.

Furthermore, “the Committee expects IA to expend unobligated personnel

resources on recruitment and training, including fellowships and other tools

deemed necessary and to report to the Committee bi-annually on its efforts.”24

Senate-Passed H.R. 5441

The Senate Appropriations Committee recommended $299 million, an amount equal to the

Administration’s FY2007 request and the amount passed by the House. These funds, to remain

available until September 30, 2008, are for “necessary expenses for information analysis and

operations coordination activities, as authorized by title II of the Homeland Security Act of 2002

(6 U.S.C. 121 et seq.)” Of the recommended amount, no more than $5,000 “shall be for official

reception and expenses.” The committee further stated it “supports the activities to improve the

analysis and sharing of threat information, including the activities of the Office of Intelligence

21

See H.Rept. 109-476, p. 19.

Ibid.

23

Ibid.

24

Ibid.

22

Congressional Research Service

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Homeland Security Department: FY2007 Appropriations

and Analysis and the Office of Operations Coordination.”25 The committee also made the

following two additional recommendations:

•

It directed “the Chief Intelligence Officer to report no later than 90 days after the

enactment of this act on efforts to address concerns reported in the Office of

Inspector General Report OIG-05-34.”26

•

It “understands the operating procedures for the Homeland Security Operations

Center [HSOC] have not changed since Hurricane Katrina. The committee directs

the Government Accountability Office to analyze the role of the HSOC and the

numerous DHS component operations centers and to make recommendations

regarding the operation and coordination of these centers.”27

During Senate floor action on July 12, S.Amdt. 4569 required the following report on datamining, an issue which could affect research conducted by any DHS intelligence element:

•

“The head of each department or agency in the Department of Homeland

Security that is engaged in any activity to use or develop data-mining technology

shall each submit a report to Congress on all such activities of the agency under

the jurisdiction of that official. The report shall be made available to the

public.”28

P.L. 109-295

P.L. 109-295 provides $300 million, or $1 million more than the Administration’s request, and

level of funding recommended by the House and Senate. According to the conference report,

“...Up to $1million is for an independent study on the feasibility of creating a counter terrorism

intelligence agency.”29 Such a study may consider the question of the establishment of an agency

that might be the equivalent of the British Security Service (know as MI-5). However, numerous

entities within the federal government, including DHS’s Office of Intelligence and Analysis, the

FBI’s National Security Branch, and the interagency National Counterterrorism Center, among

others, all currently perform a counterterrorism intelligence function. How the current

organizational structure would be altered by the potential creation of a “counter terrorism

intelligence agency,” is an open question.

Linkages to DHS Strategic Goals

Although the Office of Intelligence and Analysis and the Office of Operations Coordination

contribute to a broad array of DHS strategic goals, their activities are primarily targeted at

achieving success in strategic goals one and two—awareness and prevention—respectively.

According to DHS, the goal of awareness is to “identify and understand threats, assess

25

See Department of Homeland Security Appropriations Bill, 2007, S.Rept. 109-273, p. 17.

Ibid. DHS OIG Report OIG-05-34 is Evaluation of DHS’ Security Program and Practices for Its Intelligence

Systems, Aug. 2005. An unclassified summary can be located at http://www.dhs.gov/interweb/assetlibrary/OIG_0534_Aug05.pdf.

27

Ibid., p. 18.

28

See Congressional Record, July 12, 2006, p. S7387.

29

See Conference Report, Making Appropriations for the Department of Homeland Security for the Fiscal Year Ending

September 30, 2007, and for Other Purposes, H.Rept. 109-699, p. 122.

26

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Homeland Security Department: FY2007 Appropriations

vulnerabilities, determine potential impacts and disseminate timely information out to homeland

security partners and the American public.”30 Two programs under this goal include A&O and

Intelligence. The performance goal for A&O is to “deter, detect and prevent terrorist incidents by

sharing domestic situational awareness through national operational communications and

intelligence analysis.”31 The performance goal for intelligence is “100 percent distribution of

sensitive threat information relative to Department of Homeland Security/Transportation Security

Administration components, field elements, and stakeholders.”32

Budget Caveats

The FY2007 budget request for A&O represents an increase of nearly $46 million and 12 FTE.

However, it is important to note that dis-aggregating intelligence analysis from operations is

problematic because the budget of the Office of Intelligence and Analysis, an entity of the

Intelligence Community, is classified. The figures cited above are the combined figures for the

Office of Operations Coordination and the Office of Intelligence and Analysis.

Budget Implications

Some observers might argue that the requested A&O budget is sufficient, given the current stage

of development for intelligence and operations within DHS. Others, however, might question

whether the requested budget can achieve the ambitious intelligence analysis goals, as outlined by

Charles Allen, DHS Chief Intelligence Officer (CIO). In recent testimony before the House

Committee on Homeland Security,33 CIO Allen outlined at least five priorities laden with resource

implications, including the following: (1) improving the quality of analysis across the

Department, (2) integrating the DHS intelligence enterprise, (3) strengthening our intelligence

support to State, local, and tribal authorities, as well as the private sector, (4) ensuring DHS

intelligence takes its full place in the Intelligence Community, and (5) solidifying our relationship

with the Congress by improving our transparency and responsiveness. These priorities and others

might imply that in order to implement the integration of intelligence at DHS, additional funds

may be necessary for department-wide information management systems and additional

analysts—to be stationed both at Intelligence Community partner agencies, as well as at some of

the 38 plus state, local, and regional intelligence fusion centers.34 The information management

challenge at DHS is significant, as the organization must “know what it knows” in order to

achieve the aforementioned priorities. According to CIO Allen, DHS has “...developed a

comprehensive assessment of the existing intelligence information technology architecture in

DHS, along with recommendations to improve and enhance it.”35 Although integrated information

management systems may not be a panacea, for an intelligence organization they are considered

30

See DHS FY 07 Congressional Justification, Budget Overview, p. 3.

Ibid.

32

Ibid.

33

Testimony of DHS Chief Intelligence Officer Charles Allen in U.S. Congress, 109th Congress, 2nd sess., House

Committee on Homeland Security, Subcommittee on Intelligence, Information Sharing, and Terrorism Risk

Assessment, May 24, 2006. “Progress of the DHS Chief Intelligence Officer.”

34

DHS intelligence analysts are currently being stationed at these fusion centers. See Dibya Sarkar, “DHS Adds

Brainpower to Intelligence Centers,” in Federal Computer Week, Mar. 17, 2006.

35

Testimony of DHS Chief Intelligence Officer Charles Allen in U.S. Congress, 109th Congress, 2nd sess., House

Committee on Homeland Security, Subcommittee on Intelligence, Information Sharing, and Terrorism Risk

Assessment, May 24, 2006. “Progress of the DHS Chief Intelligence Officer.”

31

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Homeland Security Department: FY2007 Appropriations

by many to be essential. In the absence of such systems, the coordination of intelligence can tend

to rely on personal relationships and ad hoc arrangements. From a human resource perspective,

DHS is stationing liaison officers and intelligence analysts at some of the 38 state and local fusion

centers. When combined with the detailing of current staff to Intelligence Community partners,

such as the National Counterterrorism Center (NCTC), such arrangements, though beneficial,

may undermine the development of a permanent and experienced cadre of homeland security

analysts at DHS headquarters.

Personnel Issues36

In addition to the policy and planning issues, and the reorganization issues, several personnel

issues may be of interest to Congress during the current appropriations cycle.

The Office of Human Capital (OHC) provides overall management and administration of human

capital in the DHS. It establishes policy and procedures and provides oversight, guidance, and

leadership for human resources (HR) functions within the department. The Chief Human Capital

Officer (CHCO) is responsible for designing and implementing the new human resources

management (HRM) system in the DHS, referred to as MaxHR,37 including its human resources

strategy and technology components. The OHC reports to the Undersecretary for Management

and its appropriation is included in that of the Undersecretary. For FY2005, the OHC received an

appropriation of $43 million—$7 million for HR Operations and $36 million for MaxHR—and

staffing of 49 FTEs. The OHC received funding of nearly $38.511 million (down from $38.9

million, after a 1.0% rescission) and a staffing level of 62 FTEs for FY2006. This total was

allocated as $8.811 million (down from $8.9 million, after a 1.0% rescission) for HR Operations38

36

Personnel Issues section prepared by (name redacted), Analyst in American National Government, Government

and Finance Division.

37

On Feb. 1, 2005, the DHS and the Office of Personnel Management jointly published final regulations in the Federal

Register to implement MaxHR. (U.S. Department of Homeland Security and U.S. Office of Personnel Management,

“Department of Homeland Security Human Resources Management System,” Federal Register, vol. 70, no. 20, Feb. 1,

2005, pp. 5271-5347.) The regulations provide new policies on position classification, pay, performance management,

adverse actions and appeals, and labor-management relations for DHS employees. MaxHR will cover about 110,000 of

the department’s 180,000 employees and will be implemented in phases. (See CRS Report RL32261, DHS’s Max-HR

Personnel System: Regulations on Classification, Pay, and Performance Management Compared With Current Law,

and Implementation Plans, by (name redacted); and CRS Report RL32255,

Homeland Security: Final

Regulations for the Department of Homeland Security Human Resources Management System (Subpart E) Compared

With Current Law, by (name redacted).) By Memorandum Opinion and Order issued on August 12, 2005, and by

Memorandum Opinion issued on October 7, 2005, District Court Judge Rosemary Collyer blocked implementation of

the labor-management relations regulations prescribed for Max-HR. The decision also enjoined a provision of the

regulations that limits the authority of the Merit Systems Protection Board (MSPB) to modify a penalty imposed by

DHS. The agency appealed the ruling. A unanimous decision by a three-judge panel of the U.S. Court of Appeals for

the D.C. Circuit on June 27, 2006, found that the proposed system would illegally curtail employee collective

bargaining rights and that DHS limited the scope of collective bargaining in violation of law. The appeals court

reversed the district court’s holding that the appeals procedures in the DHS regulations do not comply with the

requirement in the Homeland Security Act that they must be fair. It held that adjudicating the fairness of these

procedures is not timely until DHS uses them in an administrative proceeding. The appeals court affirmed the district

court’s holding that assigning the MSPB an appellate role in mandatory removal cases is entitled to judicial deference.

In September 2005, DHS announced that it was postponing the initial implementation of pay for performance under

Max-HR for one year. In September 2006, the Justice Department decided that the appeals court decision would not be

appealed to the Supreme Court. (See CRS Report RL33052, Homeland Security and Labor-Management Relations:

NTEU v. Chertoff, by (name redacted) and (name redacted).)

38

The $8.811 million appropriation was allocated as follows: salaries and benefits ($6.563 million), travel ($30,000),

GSA rent ($19,000), communication, utilities, and miscellaneous charges ($110,000), printing ($15,000), advisory and

(continued...)

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Homeland Security Department: FY2007 Appropriations

and $29.7 million (down from $30 million, after a 1.0% rescission) for the development and

implementation of MaxHR.39 Of the FTEs, 50 were attached to HR Operations and 12 were

attached to MaxHR.

President’s FY2007 Request

The President’s FY2007 budget proposes funding of $81 million and staffing of 80 FTEs for the

OHC.40 The request represents an increase of $43 million and 18 FTEs more than the FY2006

enacted appropriation and includes money for HR Operations and MaxHR as discussed below.

HR Operations

An appropriation of $10 million is requested for HR Operations, an increase of $1 million more

than the FY2006 enacted funding. Attached to this account are 53 FTEs, 3 more FTEs than in

FY2006. More than 90% of the requested money is for salaries and benefits ($7 million) and

advisory and assistance services ($2 million).41 Among the activities that the DHS plans to

emphasize during FY2006 are continued refinement of the department’s hiring processes,

establishment of an Executive Leadership and Learning Center, and use of a Chief Learning

Officer to conduct needs analyses and identify “best practices.” In FY2007, initiatives are

expected to include improving customer service, enhancing training to inculcate a “team” spirit

across the DHS, and expanding the use of program evaluation to begin measuring the effects of

changes.

MaxHR

The appropriation requested for the department’s new HRM system is $71 million, nearly $42

million more than the amount provided in FY2006. The FTEs attached to the account are 27, an

increase of 15 FTEs over FY2006. Almost 94% of the requested money is for salaries and

benefits ($3 million) and advisory and assistance services ($64 million).42 Accounting for the

increased funding are (1) implementation costs of the new pay system for employees who were

originally scheduled to be converted in FY2006 ($15 million), (2) implementation and

(...continued)

assistance services ($1.633 million), other services ($361,000), purchase from government accounts ($7,000), operation

and maintenance of facilities ($16,000), supplies and materials ($47,000), and equipment ($10,000).

39

The $29.7 million appropriation was allocated as follows: salaries and benefits ($954,000), travel ($6,000),

transportation of things ($3,000), GSA rent ($778,000), communication, utilities, and miscellaneous charges ($1.378

million), printing ($20,000), advisory and assistance services ($25.037 million), other services ($112,000), purchase

from government accounts ($875,000), operation and maintenance of facilities ($16,000), supplies and materials

($10,000), and equipment ($511,000).

40

FY2007 DHS Justifications, Departmental Management and Operations, Undersecretary for Management, Office of

Human Capital and Office of Human Capital—MaxHR, pp. USM-43 - USM-50.

41

Additional amounts requested for FY2007 are for: travel ($33,000), GSA rent ($74,000), communication, utilities,

and miscellaneous charges ($159,000), printing ($20,000), other services ($376,000), purchase from government

accounts ($159,000), operation and maintenance of facilities ($20,000), supplies and materials ($75,000), and

equipment ($25,000).

42

Additional amounts requested for FY2007 are for travel ($70,000), transportation of things ($3,000), GSA rent

($756,000), communication, utilities, and miscellaneous charges ($1.723 million), printing ($100,000), other services

($130,000), purchase from government accounts ($880,000), operation and maintenance of facilities ($20,000),

supplies and materials ($75,000), and equipment ($550,000).

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Homeland Security Department: FY2007 Appropriations

operational costs for a market and performance-based compensation system in FY2007 ($22

million), and (3) funding the Homeland Security Labor Relations Board (HSLRB) ($5 million).

The implementation of MaxHR will continue during FY2006 and include such activities as

design and review of a new market-based pay system, creation of a compensation committee, and

continued training of supervisors, managers, and HR professionals. Non-bargaining unit

employees from Headquarters, ICE, FLETC, FEMA, USCG, and U.S. Secret Service will convert

to the new performance system, and CBP and CIS will begin training on that new system. The

HSLRB, designed to resolve labor-management disputes, may be established insofar as is legally

permissible. Employees converted to the new performance system in FY2006 will convert to the

new market-based pay system in FY2007, and those training on the new performance system in

FY2006 will be converted to it in FY2007.

The Under Secretary for Management at DHS, Janet Hale, resigned effective in early May 2006,

and the department’s CHCO, K. Gregg Prillaman, resigned effective in early June 2006. In

testimony before the House Committee on Homeland Security’s Subcommittee on Management,

Integration, and Oversight on May 18, 2006, Mr. Prillaman discussed the progress of MaxHR

implementation and management challenges facing the department. With regard to MaxHR, he

said that the performance management program, which links individual and department

performance goals, should cover 18,000 employees by the end of 2006; the design of the pay

bands is being finalized; and the pay-for-performance compensation system is expected to begin

in February 2007. Among the challenges that DHS is facing is the retirement eligibility of a

significant percentage of high level officials during the next four years. According to Mr.

Prillaman, “49% of SES [Senior Executive Service] level employees and 37% of GS-15 level

employees [at DHS] will be eligible to retire” by 2009. At the Secret Service, 91% of SES

members and 75% of GS-15’s will be retirement eligible by 2010.43

On May 25, 2006, the Government Accountability Office (GAO) released an evaluation on the

conversion of federal government employees from noncareer to career positions. GAO found that

appropriate authorities and proper procedures may not have been followed for two of the three

positions converted at DHS—a GS-13 staff assistant at the Federal Emergency Management

Agency and a GS-15 Deputy Assistant Secretary for Legislative Affairs. For this latter position,

GAO found that it may have been created specifically for a particular individual, which, if so, is a

violation of federal law.44 Following the hearing and the release of the GAO report, the Ranking

Members of the House Homeland Security Committee and its Subcommittee on Management,

Integration, and Oversight sent a letter to Homeland Security Secretary Michael Chertoff on June

1, 2006, requesting answers to several questions. Those queries related to actions DHS will take

given the GAO findings on the legislative affairs position and regarding implementation of

MaxHR, and explaining why the resignation (tendered on May 15, 2006) of the CHCO was not

disclosed prior to his testimony before the Homeland Security Committee.45

43

Statement by K. Gregg Prillaman, Hearing on Human Capital Issues and Security Procedures at the Department of

Homeland Security, May 18, 2006, pp. 6-7 (unpublished).

44

U.S. Government Accountability Office, Personnel Practices; Conversions of Employees From Noncareer to Career

Positions, GAO-06-381 (Washington: May 2006), pp. 30, 60-62.

45

Letter from Representatives Bennie G. Thompson and Kendrick B. Meek to Michael Chertoff, June 1, 2006.

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Homeland Security Department: FY2007 Appropriations

House-Passed H.R. 5441

As recommended by the Subcommittee on Homeland Security and the Committee on

Appropriations, on June 6, 2006, the House passed an appropriation of $38.9 million for the

OHC, $42.3 million less than requested. This amount would be allocated as $9.2 million for HR

Operations (salaries and expenses) and $29.7 million for MaxHR; $600,000 and $41.7 million,

respectively, less than requested. MaxHR is funded at the FY2006 enacted level. The OHC

appropriation represents 24.4% of the funding provided for the Under Secretary for Management

($159.5 million). According to the report accompanying H.R. 5441, the budget request assumed

that increased aviation passenger fees would allow MaxHR to be funded at the requested level.

Because such fees are outside the Appropriation Committee’s jurisdiction, the committee’s

FY2007 recommended appropriation was adjusted accordingly. The OHC appropriation fully

funds nine of the requested 15 FTEs for MaxHR. The six FTEs not included in the appropriation

were for the Labor Relations Board. A general provision at Section 504 provides that not more

than 50% of unobligated balances remaining at the end of FY2007 from appropriations for

salaries and expenses remain available through FY2008 subject to guidelines on

reprogramming.46 In a May 25, 2006, Statement of Administration Policy on H.R. 5441, the

Office of Management and Budget (OMB) stated its opposition to either reducing or eliminating

funds for MaxHR.47

During consideration of H.R. 5441 in the House on May 25, 2006, H.Amdt. 936, offered by

Representative Martin Olav Sabo, was agreed to by voice vote. The amendment removes $15

million from the Under Secretary for Management and directs that it be used to fund grants for

firefighters. If the entire $15 million is taken from MaxHR, the FY2007 funding for the new

personnel system would be $14.7 million.

Senate-Passed H.R. 5441

Following the recommendation of the Subcommittee on Homeland Security and the Committee

on Appropriations, the Senate, on July 13, 2006, passed an appropriation of $44.8 million for the

OHC, $36.4 million less than requested. Under the Senate-passed bill, the funding would have

been allocated as $9.8 million for HR Operations (salaries and expenses) and $35 million for

MaxHR. The salaries and expenses total matched the budget request, but the MaxHR funding was

$36.4 million less than requested. As compared with the FY2006 appropriation and the FY2007

appropriation passed by the House, the amount represented an increase of $5.3 million for

MaxHR. The report accompanying H.R. 5441 stated that the new personnel system was not

funded at the level requested in the budget because of the “ongoing litigation.” It also directed the

Secretary of Homeland Security “to submit an updated expenditure plan” based on the final

FY2007 appropriation to the Senate and House Committees on Appropriations within 90 days of

the act’s enactment. All contract obligations, listed by year, contractor, and purpose, are to be

included in the report.48 The recommended appropriation for the OHC makes up 27.4% of the

funding provided for the Under Secretary for Management ($163.4 million). The general

provision on unobligated balances was included as Section 505 of the Senate-passed bill. OMB

46

H.Rept. 109-476, pp. 145, 14-15, 134.

U.S. Executive Office of the President, Statement of Administration Policy, H.R. 5441 (House) (Washington: May

25, 2006), p. 3.

48

S.Rept. 109-273, p. 14.

47

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Homeland Security Department: FY2007 Appropriations

expressed the administration’s strong opposition to any reduction or elimination of funding for

MaxHR.49

An amendment (S.Amdt. 4674) offered by Senator Barbara Boxer and agreed to by the Senate by

unanimous consent would have prohibited the use of certain funds for travel by DHS officers and

employees until the recommendations of the Inspector General on the National Asset Database

are implemented by the Under Secretary for Preparedness or until the Under Secretary submits a

report to the Senate Committee on Homeland Security and Governmental Affairs, the House

Committee on Homeland Security, and the Senate and House Committees on Appropriations

explaining why the recommendations have not been fully implemented.50 (This provision is not

included in the law.)

A Senate Committee on Homeland Security and Governmental Affairs hearing on July 19, 2006,

received the results of a GAO audit on the use of purchase (government-issued credit cards) cards

by DHS employees in the wake of Hurricane Katrina. Some 9,000 DHS employees have been

issued such purchase cards and more than $435 million was spent in FY2005 using the cards.

GAO found that about 45% of the purchases did not have the appropriate written authorization

and that some 63% of purchases had no documentation of receipt of goods and services. The

investigators also found weak internal controls, in terms of leadership, staffing, monitoring, and

training, at DHS that resulted in questionable and wasteful transactions and that too many

purchase cards had been issued by DHS (some 2,468 purchase cards had not been used for a

year). An agency manual on procedures for purchase card use remained in draft for two years

because of internal disagreements within DHS. GAO will be issuing a report that will include

recommendations for improved management controls at DHS.51

P.L. 109-295

The law provides funding of $33.8 million for the OHC, some $47.5 million less than the

President’s budget proposal. The amount is to be allocated as $8.8 million for salaries and

expenses (some $1.0 million below the President’s request) and $25 million for Max-HR (some

$46.4 million below the President’s request). The $8.8 million matches the FY2006 appropriation

for the salaries and expenses account after the rescission. The appropriation for the OHC makes

up 22% of the funding provided for the Under Secretary for Management ($153.6 million). As

provided in the Senate report, the Secretary of DHS is directed to submit an updated expenditure

plan for Max-HR to the House and Senate Committees on Appropriations within 90 days after the

act’s enactment. The report must include all contract obligations, by contractor by year, and the

purpose of the contract.52 As proposed by the House and Senate, the law continues a general

provision at Section 513 on background investigations. The conference report directs that

background investigations, including updates and reinvestigations, be processed expeditiously for

DHS employees, particularly those in the Office of the Secretary and Executive Management;

Office of the Under Secretary for Management, Analysis, and Operations; Immigration and

49

U.S. Executive Office of the President, Statement of Administration Policy, H.R. 5441 (Senate) (Washington: July

12, 2006), p. 2.

50

Congressional Record, daily edition, vol. 152, July 13, 2006, p. S7498.

51

U.S. Government Accountability Office, Individual Disaster Assistance Programs; Fraud Prevention, Detection,

and Prosecution, GAO report GAO-06-954T (Washington: July 12, 2006). The hearing testimony is available at

http://hsgac.senate.gov.

52

H.Rept. 109-699, p. 119.

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Homeland Security Department: FY2007 Appropriations

Customs Enforcement; the Directorate of Science and Technology; and the Directorate for

Preparedness.53 The general provision on unobligated balances is continued at Section 505 of the

law, as proposed by the House and Senate. Both of these general provisions were addressed in the

President’s signing statement on H.R. 5441. With regard to the background investigations, he

stated that “the executive branch shall construe this provision in a manner consistent with the

President’s exclusive constitutional authority ... to classify and control access to national security

information and to determine whether an individual is suitable to occupy a position in the

executive branch with access to such information.” The statement characterizes the provision on

unobligated balances as one of several provisions in the law that “The executive branch shall

construe as calling solely for notification.”54

Title VI, Subtitle B of the law includes provisions on personnel policies for employees of the

Federal Emergency Management Agency (FEMA). The Administrator of FEMA is directed to

develop a strategic human capital plan for the agency’s workforce and authorizes the

Administrator to pay recruitment and retention bonuses to individuals in positions that are

difficult to fill and to provide for the professional development and education of employees.

Title II: Security Enforcement and Investigations

Title II funds Security, Enforcement, and Investigations. Title II contains the appropriations for

the U.S.-Visitor and Immigrant Status Indicator (US-VISIT) program, the Bureau of Customs and

Border Protection (CBP), the Bureau of Immigration and Customs Enforcement (ICE), the

Transportation Security Administration (TSA), the US Coast Guard, and the US Secret Service.

Table 6 shows the FY2006 enacted and FY2007 enacted appropriation for Title II.

53

Ibid., p. 174.

U.S. President (Bush), “President’s Statement on H.R. 5441, the ‘Department of Homeland Security Appropriations

Act, 2007,’ Oct. 4, 2006, available at http://www.whitehouse.gov.

54

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Table 6. Title II: Security, Enforcement, and Investigations

(budget authority in millions of dollars)

FY2006 Appropriation

Operational Component

FY2007

Request

FY2007

House

FY2007

Senate

FY2006

Enacted

FY2006

Supp.

FY2006

Resc.

FY2006

Total

—US-VISIT

340

—

-3

337

399

362

Net total

340

—

-3

337

399

4,826

447

-48

5,225

—Automation modernization

456

—

-5

—Technology modernization

—

—

—Air and Marine Operations

400

—Fencing, Infrastructure, and Technology

FY2007 Appropriation

FY2007

Enacted

FY2007

Emerg.

FY2007

Total

399

362

—

362

362

399

362

—

362

5,519

5,435

5,355

5,459

103

5,562

451

461

451

461

451

—

451

—

—

—

—

132

—

—

—

95

-4

491

338

373

577

370

232

602

—

—

—

—

—

—

—

28

1,159

1,188

—Construction

270

315

-3

582

256

175

378

122

110

232

—Fee accountsb

1,142

—

—

1,142

1,265

1,265

1,265

1,265

—

1,265

Gross total

7,094

857

-60

7,891

7,839

7,699

8,168

7,701

1,601

9,302

—Offsetting collections

-1,142

—

—

-1,142

-1,265

-1,265

-1,485

-1,265

—

-1,265

Net total

5,952

857

-60

6,749

6,574

6,434

6,683

6,435

1,601

8,036

3,108

340

-31

3,417

3,902

3,850

3,770

3,887

—

3,887

—Federal Protective Services (FPS)

487

—

—

487

516

516

516

516

—

516

—Automation & infrastructure modernization

40

—

—

40

—

—

20

15

—

15

—Construction

27

—

-1

26

26

26

159

26

30

56

—Fee accountsc

254

—

—

254

252

252

252

252

—

252

Gross total

3,916

340

-32

4,224

4,696

4,644

4,717

4,697

30

4,727

—Offsetting FPS fees

-487

—

—

-487

-516

-516

-516

-516

—

-516

US-VISITa

Customs & Border Protection

—Salaries and expenses

Immigration & Customs Enforcement

—Salaries and expenses

CRS-25

FY2006 Appropriation

Operational Component

FY2007

Request

FY2007

House

FY2007

Senate

FY2006

Enacted

FY2006

Supp.

FY2006

Resc.

FY2006

Total

—Offsetting collections

-254

—

—

-254

-252

-252

Net total

3,175

340

-32

3,483

3,928

—Aviation security (gross funding)

4,607

—

-46

4,561

—Surface Transportation Security

36

—

—

—Credentialing activities (appropriation)

75

—

—Credentialing/Fee accountsd

180

—Intelligence

FY2007 Appropriation

FY2007

Enacted

FY2007

Emerg.

FY2007

Total

-282

-252

—

-252

3,876

3,919

3,928

30

3,958

4,655

4,704

4,752

4,731

—

4,731

36

37

37

37

37

—

37

-1

74

55

75

30

40

—

40

—

—

180

76

76

76

76

—

76

21

—

—

21

21

21

21

21

—

21

—Federal Air Marshalse

686

—

-7

679

699

699

699

714

—

714

—Administration

489

—

-4

485

506

502

697

504

—

504

—Aviation security mandatory spendingf

250

—

—

250

250

250

250

250

—

250

Gross total

6,344

—

-58

6,286

6,299

6,364

6,562

6,374

—

6,374

—Offsetting collectionsg

-1,990

—

—

-1,990

-3,650

-2,420

-2,420

-2,420

—

-2,420

—Credentialing/Fee accounts

-180

—

—

-180

-76

-76

-76

-76

—

-76

—Aviation security mandatory spending

-250

—

—

-250

-250

-250

-250

-250

—

-250

Net total

3,924

—

-58

3,866

2,323

3,618

3,816

3,628

—

3,628

5,492

321h

-330

5,483

5,519

5,482

5,534

5,478

—

5,478

—Environmental compliance & restoration

12

—

—

12

12

12

11

11

—

11

—Reserve training

119

—

-1

118

124

122

124

122

—

122

1,142

267

-12

1,397

1,170

1,140

1,062

1,154

176

1,330

—Alteration of bridges

15

—

—

15

—

17

15

16

—

16

—Research, development, tests, & evaluation

17

—

—

17

14

14

18

17

—

17

1,014

—

—

1,014

1,063

1,063

1,145

1,063

—

1,063

—

—

—

—

279

279

279

279

—

279

Transportation Security Administrationa

U.S. Coast Guard

—Operating expenses

—Acquisition, construction, & improvements

—Retired pay (mandatory, entitlement)

—Health care fund contribution

CRS-26

FY2006 Appropriation

Operational Component

FY2007

Request

FY2007

House

FY2007

Senate

FY2006

Enacted

FY2006

Supp.

FY2006

Resc.

FY2006

Total

7,811

588

-343

8,056

8,181

8,129

1,212

24

-12

1,224

1,265

—Protection, administration, and training

—

—

—

—

—Investigations and field operations

—

—

—

—Special event fund

—

—

—Acquisition, construction, improvements, and

related expenses

—

Net total

Gross Budget Authority: Title II

Gross total

FY2007 Appropriation

FY2007

Enacted

FY2007

Emerg.

FY2007

Total

8,188

8,140

176

8,316

—

—

—

—

—

—

956

918

962

—

962

—

—

312

304

311

—

311

—

—

—

21

—

—

—

—

—

—

—

—

4

4

4

—

4

1,212

24

-12

1,224

1,265

1,293

1,226

1,277

—

1,277

26,717

1,809

-508

28,017

28,679

28,491

29,260

28,550

1,807

30,357

-4,302

—

—

-4,302

-6,009

-4,779

-5,029

-4,779

—

-4,779

22,415

1,809

-508

23,715

22,670

23,712

24,231

23,770

1,807

25,577

U.S. Secret Service

—Salaries and expenses; construction

Total offsetting collections: Title II

Net Budget Authority: Title II

Source: FY2006 enacted numbers from CRS analysis of the Conference Report to H.R. 2360, H. Rept.109-241; FY2006 supplemental numbers from CRS analysis of P.L.

109-61, P.L. 109-62, P.L. 109-88, and P.L. 109-148; FY2006 rescission numbers from CRS analysis of P.L. 109-148 and the FY2007 DHS Justifications. FY2007 request

numbers from the FY2007 DHS Justifications. FY2007 numbers from the conference report (H.Rept. 109-476) to H.R. 5441.

Notes: Totals may not add due to rounding. Amounts in parentheses are non-adds. For a more detailed analysis of the supplemental appropriations, please refer to

Appendix A.

a.

United States Visitor & Immigrant Status Indicator Project.

b.

Fees include COBRA, Land Border, Immigration Inspection, Immigration Enforcement, and Puerto Rico.

c.

Fees included Exam, Student Exchange and Visitor Fee, Breached Bond, Immigration User, and Land Border.

d.

Fees include TWIC, HAZMAT, Registered Traveler, and Alien Flight School Checks.

e.

P.L. 109-90 moved FAMS to TSA, pursuant to Secretary Chertoff’s reorganization proposal submitted to Congress on July 13, 2005.

f.

Aviation Security Capital Fund, used for installation of Explosive Detection Systems at airports.

g.

In FY2007, DHS proposes increasing the passenger security fee for one-way and multi-leg flights by up to $2.50, generating $1.73 billion in new revenue.

h.

Includes $100 million transfer from DOD.

CRS-27

Homeland Security Department: FY2007 Appropriations

US-VISIT55

In 1996, Congress first mandated that the former INS implement an automated entry and exit data

system, now referred to as the US-VISIT program, that would track the arrival and departure of

every alien.56 The objective for an automated entry and exit data system was, in part, to develop a

mechanism that would be able to track nonimmigrants who overstayed their visas as part of a

broader emphasis on immigration control. Following the September 11, 2001, terrorist attacks,

however, there was a marked shift in priority for implementing an automated entry and exit data

system. Although the tracking of nonimmigrants who overstayed their visas remained an

important goal of the system, border security has become the paramount concern.

President’s FY2007 Request

The Administration requested an appropriation of $399 million in budget authority for US-VISIT

in FY2007, amounting to a nearly 18% (or $62 million) increase over the enacted FY2006 level

of $340 million.

House-Passed H.R. 5441

The House-passed version of H.R. 5441 would have provided $362 million for US-VISIT, which

would have amounted to $37 million below the President’s request for FY2007, and nearly $22

million above the FY2006 enacted level of $340 million. The House did not approve the

requested aviation passenger fee increase requested by the Administration that would have funded

US-VISIT at the requested level.

Senate-Passed H.R. 5441

The Senate-passed version of H.R. 5441 would have fully funded the President’s request of $399

million for US-VISIT in FY2007. The Senate would have made $200 million of the appropriation

conditional, however, upon approval of an expenditure plan for the program by the House and

Senate Committees on Appropriations.

The Senate Appropriations Committee report also included language directing DHS to submit a

report on the progress it has made toward creating the technical standards needed to implement

the Western Hemisphere Travel Initiative. Senate-passed H.R. 5441 included a provision

extending the current legislative deadlines for the implementation of this initiative.57

55

Prepared by (name redacted), Analyst in Domestic Security, Domestic Social Policy Division.

For more detailed information regarding the US-VISIT system, see CRS Report RL32234, U.S. Visitor and

Immigrant Status Indicator Technology (US-VISIT) Program, by Lisa M. Seghetti and (name redacted).

57

For additional information on this provision, which is similar to a provision in S. 2611, please refer to CRS Report

RL33181, Immigration Related Border Security Legislation in the 109th Congress, by (name redacted) and (name r

edacted).

56

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P.L. 109-295

The act provides $362 million for the US-VISIT program. Of this funding, $60 million is to be

used for implementation of 10 fingerprint enrollment capability and to continue working towards

the interoperability of the USBP’s Automated Biometric Identification System (IDENT) and the

Federal Bureau of Investigation’s Integrated Automated Fingerprint Identification System

(IAFIS). DHS is required to submit a strategic plan for modifying US-VISIT to allow for 10

fingerprint enrollment and for interoperability with IDENT and IAFIS and for the implementation

of the exit component of the US-VISIT system.

Customs and Border Protection (CBP)58

CBP is responsible for security at and between ports-of-entry along the border. Since 9/11, CBP’s

primary mission is to prevent the entry of terrorists and the instruments of terrorism. CBP’s

ongoing responsibilities include inspecting people and goods to determine if they are authorized

to enter the United States; interdicting terrorists and instruments of terrorism; intercepting illegal

narcotics, firearms, and other types of contraband; interdicting unauthorized travelers and

immigrants; and enforcing more than 400 laws and regulations at the border on behalf of more

than 60 government agencies. CBP is comprised of the inspection functions of the legacy

Customs Service, Immigration and Naturalization Service (INS), and the Animal and Plant Health

Inspection Service (APHIS); the Office of Air and Marine Interdiction, now known as CBP Air

and Marine (CBPAM); and the Border Patrol (BP). See Table 6 for account-level detail for all of

the agencies in Title II, and Table 7 for sub-account-level detail for CBP Salaries and Expenses

(S&E) for FY2006 and FY2007.

President’s FY2007 Request

The Administration requested an appropriation of $7,839 million in gross budget authority for

CBP for FY2007, amounting to a nearly 11% increase over the enacted FY2006 level of $7,094

million. The bulk of the requested increase for FY2007, $635 million, is for various aspects of the

Secure Border Initiative (SBI). However, additional amounts were also requested for other CBP

initiatives, including, among others, $12 million for WMD detection staffing; nearly $7 million

for enhancements to the National Targeting Center (NTC); $9 million for the Arizona Border

Control Initiative (ABCI); nearly $5 million for Border Patrol training at FLETC; nearly $5

million for the Immigration Advisory Program (IAP); and $1 million for the Fraudulent

Document Analysis Unit.

House-Passed H.R. 5441

House-passed H.R. 5441 recommended an appropriation of $7,699 million in gross budget

authority for CBP and an appropriation of $6,434 million in net budget authority (after offsetting

fee receipts). The $7,699 million amounted to $140 million less than requested by the

Administration for FY2007, and a nearly 9% increase over the enacted FY2006 level. In H.Rept.

109-476, the House Appropriations Committee stated that the reductions to the request included

$10 million that were attributed to the poor responsiveness of CBP in submitting reports to

58

Prepared by (name redacted), and (name redacted), Analysts in Domestic Security, Domestic Social Policy

Division.

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Homeland Security Department: FY2007 Appropriations

Congress, and the fact that the House recommended denying the Administration’s request for an

increase in the aviation passenger fees because such a fee increase lies outside the jurisdiction of

the Committee. In the CBP Salaries and Expenses account, only the C-TPAT program would have

received funding above the Administration’s request: $15 million to improve validation

capability.

Senate-Passed H.R. 5441

Senate-passed H.R. 5441 would have provided an appropriation of $8,168 million in gross budget

authority and $6,683 million in net budget authority for CBP in FY2007. This gross budget

authority represented a $1.2 billion, or 15%, increase over the gross enacted FY2006 level of

$7,094 million. The Senate Appropriations Committee included language requiring DHS to

submit expenditure plans before receiving parts of its appropriation for the Secure Border

Initiative and the Automated Commercial Environment.

P.L. 109-295

P.L. 109-295 provides an appropriation of $9,302 million in gross budget authority for CBP, an

appropriation of $8,036 million in net budget authority (after offsetting fee receipts). These

amounts include $1,601 million in emergency funding that was attached inserted into H.R. 5441

during conference. Including the emergency funding, gross budget authority for FY2007

represents an increase of $2,208 million, or 24%, compared with the FY2006 enacted level of

$7,094 million. Not including the $1.6 billion in emergency funding, P.L. 109-295 provides

$7,701 million in gross budget authority and $6,435 million in net budget authority for CBP for

FY2007. The $7,701 million in gross budget authority amounts to an increase of $607 million, or

9%, compared with the enacted FY2006 level.

Table 7. CBP S&E Sub-account Detail

(budget authority in millions of dollars)

Activity

FY06

Enact.

FY07

Req.

FY07

House

FY07

Senate

FY07

Conf.

Headquarters Management And Administration

1,233

1,258

1,248

1,258

1,248

Border Security Inspections and Trade Facilitation

@ POE

1,605

1,680

1,695

1,679

1,860

Inspections, Trade & Travel Facilitation @ POE

1,250

1,282

1,282

1,281

1,327

137

139

139

139

139

Other International Programs

9

9

9

9

9

C-TPAT / FAST / Nexus / SENTRI

75

76

91

76

—

C-TPAT

—

—

—

—

55

FAST/Nexus/SENTRI

—

—

—

—

11

Inspection and Detection Technology

62

94

94

94

241

Systems for Targeting

28

27

27

27

27

National Targeting Center

17

24

24

24

24

Other Technologies

1

1

1

1

—

Container Security Initiative (CSI)

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Homeland Security Department: FY2007 Appropriations

FY06

Enact.

FY07

Req.

FY07

House

FY07

Senate

FY07

Conf.

Training at POE

24

25

25

25

25

Harbor Maintenance Fee

3

3

3

3

3

Border Security and Control Between POE

1,778

2,421

2,329

2,176

2,278

Border Security and Control Between POE

1,726

2,244

2,177

2,138

2,240

Unmanned Aerial Vehicles (UAVs)

—

—

—

—

—

Border Technology/SBI Technology

31

132

115

—

—

Training Between the POE

22

46

37

38

38

Air and Marine Operations - Salaries

162

160

163

173

176

Undistributed Supplementals

447

—

—

—

—

5,225

5,519

5,435

5,286

5,562

Activity

CBP Salaries and Expenses Total:

Source: DHS FY2007 Justifications, p. CBP-S&E-5, and the conference report (H.Rept. 109-476) to H.R. 5441.

Note: Totals may not add due to rounding.

Issues for Congress

The bulk of the increase in CBP’s FY2007 request compared with the FY2006 enacted level is for

a new DHS program, the Secure Border Initiative (SBI). DHS states that it “developed a threepillar approach under the SBI that will focus on controlling the border, building a robust interior

enforcement program, and establishing a Temporary Worker Program.”59 Other CBP issues of

interest to Congress include CBP staffing, Border Patrol vehicles, border technology,

infrastructure construction, Tucson Border Patrol checkpoints, border tunnels, cargo and

container security, radiation detection devices and non-intrusive inspection equipment, CBP Air

and Marine, unmanned aerial vehicles, and the transfer of the Shadow Wolves from CBP to ICE.

CBP Staffing

Staffing issues have long been of interest to Congress, and there has been considerable debate

concerning the appropriate level of staffing that CBP needs to effectively carry out its mission.

CBP’s staffing needs include not only Border Patrol Agents (discussed in the following section),

but also officers stationed at the nation’s ports of entry, import and trade specialists, pilots, and a

variety of other positions. In addition to the debate over the appropriate level of staffing, other

issues such as training resources, infrastructure demands, absorption of new staff, attrition, and

hiring are also important. In an effort to address the concerns regarding CBP’s staffing, the

conference report to H.R. 5441, H.Rept. 109-699, requires CBP to submit a resource allocation

model (RAM) to Congress no later than January, 23, 2007. The report is required to address the

concerns and items contained in both the House (H.Rept. 109-476) and Senate (S.Rept. 109-273)

reports. The report would be required to address staffing levels at all ports of entry and provide

the complete methodology for aligning staff across mission areas. The conferees were particularly

concerned with airport processing times, and directed CBP to specifically include in the RAM

airports and the number of flights that took longer than 60 minutes to process.

59

DHS FY2007 Justification, p. CBP S&E 4.

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Homeland Security Department: FY2007 Appropriations

The House committee in its report, H.Rept. 109-476, would require CBP to submit its staffing

model with the FY2008 budget request. The model should address the operational assumptions in

requesting resources by mission area; and the methodology for aligning staffing levels to threats,

vulnerabilities, and workload across all mission areas and per port of entry, Border Patrol sector,

and Foreign Trade Zone, in addition to several other items.

The Senate committee in its report, S.Rept. 109-273, would also require CBP to submit a RAM

with current and future year staffing requirements, by February 7, 2007. The Senate committee

was particularly concerned with CBP’s ability to process growing passenger volumes at the

nation’s airports. GAO issued a report in July 2005, which stated that CBP did not systematically

assess its staffing requirements at airports.60 S.Rept. 109-273 would required the report to be

submitted by CBP to include assessments of optimal staffing levels at all ports for all missions,

and stated that CBP should consult with appropriate nonfederal partners to estimate future

passenger growth, throughput, and issues such as automatic secondary inspection requirements.

Increase in CBP Officers

P.L. 109-295 includes $34.8 million in funding for an additional 450 CBP officers in FY2007.61

The recently enacted Security and Accountability for Every Port Act (the SAFE Port Act, P.L.

109-347), authorizes 200 CBP officers per fiscal year for FY2008-FY2012, for a total of an

additional 1,000 CBP officers in each of the next 5 fiscal years. The SAFE Port Act also would

require the Commissioner of CBP to increase by not less than 50 full-time personnel, the number

of personnel conducting validations and re-validations of certified C-TPAT participants in

FY2008 and FY2009. The SAFE Port Act also authorizes additional funding for these personnel

for FY2008-FY2012.62

Increase in Border Patrol Agents

The President’s request includes an increase of $459 million to increase the U.S. Border Patrol

(USBP) workforce by an additional 1,500 agents in FY2007. This would bring the total of new

agents hired since FY2005 to 3,000 and give the USBP an agent workforce of nearly 14,000. The

request does not match the increase authorized by Congress in the Intelligence Reform and

Terrorism Prevention Act of 2005 (P.L. 108-458). IRTPA §5202 authorized DHS to increase the

number of USBP agents by 2,000 each year from FY2006 to FY2010. The President’s request is

in line, however, with the 1,500 increase in USBP agents that was appropriated by Congress in

FY2006.63 A potential issue for Congress could be whether the 1,500-agent increase in the

President’s request is adequate to provide for the security of the border, or whether the

appropriate figure is the 2,000-agent increase authorized by IRTPA. The House included $385

million in funding for 1,200 new USBP agents, cutting the President’s request by 300 agents and

$74 million. The Senate recommended funding for an increase of 1,000 USBP agents, but noted

that when combined with the 1,000 agents funded in the Emergency Supplemental Appropriations

60

See GAO, International Air Passengers: Staffing Model for Airport Inspections Personnel Can be Improved, GAO05-663, July 2005.

61

H.Rept. 109-699, p. 125.

62

The Safe Port Act (H.R. 4954, enacted), Sec. 222, and Sec. 223. Signed by the President on Oct. 13, 2007.

63

P.L. 109-13 appropriated funding for 500 additional agents; P.L. 109-90 appropriated funding for another 1,000

additional agents.

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Act (P.L. 109-234) brings the total FY2007 increase to 2,000 agents. In addition, a floor

amendment was agreed to that would have added an additional 236 USBP agents, bringing the

total additional USBP agents in the Senate bill to 1,236; taken together with the supplemental the

total number of agents added in FY2007 would have been 2,236. The conferees appropriated

funding for an increase of 1,500 USBP agents, or 2,500 total in FY2007 including the

supplemental, and noted that they expect 10% of any increase in staffing to occur along the

northern border.

Border Patrol Vehicles

The conferees noted that they were “extremely disappointed” with what they characterized as

insufficient vehicle fleet planning on CBP’s part. They noted that CBP’s cost-benefit analyses for

comparing the operating costs of standard commercial vehicles to those that may be more

appropriate for the unique and challenging topographical and environmental features found at the

border are unclear. The conferees direct CBP to re-submit its Vehicle Fleet Management Plan by

January 23, 2007, and to fully describe its process for evaluating which vehicles meet its mission

requirements and cost constraints.

Border Technology Increase

The President’s request includes $100 million for border technologies to enhance the surveillance

of the border and the USBP’s ability to respond to incursions. DHS notes that it “will solicit and

award a contract to complete the transition from the current, limited-scope technology plan to one

that addresses the Department’s comprehensive and integrated technological needs.”64 A potential

issue for Congress may involve the contracting process that DHS will pursue for this program. In

FY2005, the General Services Administration’s Inspector General (GSA IG) released a report

which criticized the USBP for its contracting practices regarding the Remote Video Surveillance

(RVS) system.65 The GSA IG found that the contracts were granted without competition, and that

in many cases the contractor failed to deliver the services that were stipulated within the contract

leading to RVS sites not being operational in a timely manner.66 In a 2005 report, the DHS

Inspector General (DHS IG) noted that deficiencies in contract management and processes

resulted in 169 incomplete RVS sites.67

Another potential issue for Congress could be the level of integration and scope of this border

technology program. The RVS system mentioned above forms part of a larger program that

integrates surveillance cameras with sensors. This program was originally called the Integrated

Surveillance Intelligence System (ISIS), but was folded into the broader America’s Shield

Initiative (ASI) by DHS in 2005. DHS IG Richard Skinner stated in congressional testimony on

December 16, 2005, that “to date, ISIS components have not been integrated to the level

predicted at the onset of the program. RVS cameras and sensors are not linked whereby a sensor

64

DHS FY2007 Justifications, p. CBP S&E 4.

The Remote Video Surveillance system includes a set of cameras mounted on poles which can be remotely

controlled by agents at a USBP station.

66

United States General Services Administration, Office of the Inspector General, Compendium of Audits of the

Federal Technology Service Regional Client Support Services, pp. 173-180.

67

U.S. Department of Homeland Security, Office of the Inspector General, A Review of Remote Surveillance

Technology Along U.S. Land Borders, OIG-06-15, Dec. 2005, p. 2. Hereafter referred to as DHS IG Surveillance

Report.

65

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alert automatically activates a corresponding RVS camera to pan and tilt in the direction of the

triggered sensor. However, even if ISIS was fully integrated, due to a limited number of

operational RVS sites (255 nationwide), integration opportunities would be limited to the areas

near these sites.”68 Additionally, the DHS IG noted in its 2005 report that, due to a lack of

integration, “ISIS remote surveillance technology yielded few apprehensions as a percentage of

detection.”69 For these reasons, the FY2006 DHS Appropriations Conferees noted that they were

not fully funding the department’s FY2006 request for ASI. The conferees stated that it was their

understanding that DHS was currently reviewing the entire ASI program, and that major

procurement for the program might be curtailed until DHS “has resolved fundamental questions

about scope and architecture, and possibly its relation to overall, nationwide border domain

security and awareness.” The conferees noted that they expected to be kept informed of the

results of this review and encouraged DHS to explore the use of off-the-shelf solutions for the

program.70 Possible issues for Congress could thus include the relationship between SBI and ASI,

whether the review process outlined above has been concluded and what its recommendations

were, whether the DHS IG’s recommendations concerning ISIS will be carried out, and what the

overall extent of the technological integration featured in SBI will be. H.Rept. 109-476 voiced

concern about DHS’ request for SBI, noting that the submission and review of a strategic plan

should have been the first step in creating the program. The House required that a strategic plan

for SBI be submitted by November 1, 2006, and cut funding for SBI technologies by $17 million

from the President’s request. The Senate fully funded the President’s request, but would make

$100 million conditional on the submission to and approval of an expenditure plan by the House

and Senate Appropriations Committees. Senate-passed H.R. 5441 would require any contract

action related to SBI valued at more than $20 million to be reviewed by the DHS IG to ensure it

adheres to applicable the cost requirements, performance objectives, and program milestones. The

conferees continued this language from the Senate-passed bill.

Infrastructure Construction

DHS requests an increase of $30 million to continue construction of the border fence in San

Diego, CA, as part of the SBI. Additionally, DHS is requesting $51 million to accelerate the

construction of permanent vehicle barriers in western Arizona. DHS is also requesting $59

million to construct facilities for the additional USBP agents it is proposing to hire in FY2007.

DHS has historically constructed tactical infrastructure71 under a Memorandum of Understanding

(MOU) with the U.S. Corps of Engineers. Under this MOU, CBP was responsible for providing

the funding for planning, engineering, and purchasing materials, while the actual construction

was undertaken by military personnel at no charge. However, the department notes that using this

traditional approach would take until 2010 to finish the projects currently underway. For this

reason, the requested increase for tactical infrastructure includes funds for a commercial contract

to construct almost half of the vehicle barriers in Arizona. DHS argues that it is at a critical point

in its deployment of personnel and other resources at the border, and proposes using private

contractors to accelerate the construction of this infrastructure.72 A potential issue for Congress

68

Testimony of DHS Inspector General Richard L. Skinner before the House Homeland Security Committee,

Subcommittee on Management, Integration, and Oversight, New Secure Border Initiative, 109th Cong., 1st sess., Dec.

16, 2005.

69

DHS IG Surveillance Report, p. 2.

70

H.Rept. 109-241, p. 44.

71

DHS uses this term to refer to its border fencing, vehicle barriers, and access roads, among other things.

72

DHS FY2007 Justifications, pp. CBP Construction 4-12.

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could involve whether using private contractors to construct border infrastructure is the most

cost-effective allocation of taxpayer resources given that under the current MOU with the Corps

of Engineers CBP incurs no labor costs for these projects. Additionally, if contracts are issued for

tactical infrastructure projects another potential issue for Congress could involve the oversight of

the contracting process, given the contracting irregularities identified by the GSA IG in the RVS

contracts mentioned earlier. H.Rept. 109-476 noted that while $30 million in funding was

provided for San Diego tactical infrastructure improvements as requested, funding for Arizona

tactical infrastructure projects was reduced due to poor budget justifications, uncertainty

surrounding SBI procurement, and the lack of a strategic plan for SBI expenditures. The House

withheld $25 million in funding until the Committees on Appropriations receive and approve an

expenditure plan for SBI procurement and contracting. The Senate increased the President’s

request by $122 million, to $378 million. The Senate fully funded the infrastructure projects in

Arizona and California, and included $59 million for the costs associated with constructing

facilities for new Border Patrol agents. The Senate total also included an unspecified $90 million

increase added as a floor amendment.

The conferees agreed to provide $1,188 million for a new account entitled Border Security

Fencing, Infrastructure, and Technology. This account will be used to fund integrated

infrastructure projects at the border, including fencing, vehicle barriers, access roads, cameras,

sensors, stadium lighting. Combined with the supplemental appropriation, the conferees noted

that DHS will have $1,513 million for border infrastructure construction in FY2007. The

conferees directed DHS to submit an expenditure plan for this funding within 60 days of the bill’s

enactment, and withheld $950 million of the funding until this plan is received and approved by

the House and Senate Committees. DHS was also directed to ensure that CBP’s future budget

submissions consolidate funding for fencing, infrastructure, and technology between POE within

this account. Lastly, the conferees directed CBP to work with the Secure Border Coordination

Office, the Chief Procurement Officer, and the Chief Financial Officer to rigorously oversee all

contracts awarded for border fencing, infrastructure, and technology and to work to minimize the

use of subcontractors.

Tucson Sector Border Patrol Checkpoints

House-passed H.R. 5441 included language prohibiting any funds in the bill from being used for

the construction, design, or the acquisition of sites for permanent checkpoints in the Tucson

sector. The House bill would have also required the USBP to relocate its checkpoints in the

Tucson sector at least once every seven days to “prevent persons subject to inspection from

predicting the location of any such checkpoint.” The Senate Appropriations Committee report

noted that the DHS IG concluded that the permanent checkpoints permit safer and more efficient

law enforcement and strongly encourages CBP to construct permanent checkpoints in the Tucson

sector. The Senate-passed bill did not include any language concerning checkpoints in the Tucson

sector.

Border Tunnels

Both the House and Senate Appropriations Committee reports raised concern over the existence

and increase in tunnels underneath the land border. The House committee directed CBP to work

with Science and Technology to establish a program for detecting and addressing this smuggling

tactic and incorporate the costs of funding such a program into future budget submissions. The

Senate voiced concern over the lack of a clear policy within DHS concerning which agency is

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responsible for securing, closing, and filling tunnels that are discovered and directs DHS to

address this issue and to submit a report on their proposed policy by February 8, 2007; the

conferees concurred with the reporting requirement. During floor consideration in the Senate, an

amendment was accepted to H.R. 5441 that would criminalize the construction, financing, and

use of tunnels crossing the U.S. international border.73 This amendment was agreed to in

conference.

Cargo and Container Security

The recent Dubai Ports World controversy has brought significant attention to several issues

surrounding port and maritime security, including cargo and container security. CBP’s cargo

security strategy includes two significant programs: the Container Security Initiative (CSI) and

the Customs-Trade Partnership Against Terrorism (C-TPAT). CSI is a CBP program that stations

CBP officers in foreign sea ports to target marine containers for inspection before they are loaded

onto U.S.-bound vessels. C-TPAT is a public-private partnership aimed at securing the supply

chain from point of origin through entry into the United States. The FY2007 request did not

contain significant increases in funding for either the Container Security Initiative (CSI) or the

Customs-Trade Partnership Against Terrorism (C-TPAT). Funding for C-TPAT remained flat with

the FY2007 request of $76 million (which includes funding for the Free and Secure Trade (FAST)

and NEXUS/SENTRIi programs), and the request for CSI increased by $2 million to $139

million for FY2007.

P.L. 109-295 provides $139 million for CSI, $55 million for C-TPAT, and $11 million for FAST

and NEXUS/SENTRI. The conferees in H.Rept. 109-699 noted that the conference agreement

provides an additional $147 million for additional non-intrusive inspection technology (NII) and

fully funds the requests for all cargo security and trade facilitation programs within CBP. H.Rept.

109-699 specifically directs CBP to comply with all aspects of the reporting requirements

specified in the statement of managers and the House report regarding the port, cargo, and

container, strategic plan74 (discussed below). The conferees also withhold $5 million from

obligation, from the OSEM account (in Title I), until the Secretary of DHS submits the port,

cargo, and container strategic plan to Congress.75 The conferees also note that they provide

sufficient funding to allow CBP to meet the strategic plan requirements (specified in H.Rept. 109699 and 109-476) of 100% initial validation and periodic re-validation of certified C-TPAT

participants; and 100% manifest review at CSI ports.

The House-passed version of H.R. 5441 would have provided an additional $15 million above the

Administration’s request for C-TPAT, and would fund CSI at the requested level. The Senatepassed version of H.R. 5441 would have funded both CSI and C-TPAT at the FY2007 requested

level.

Significant concerns have recently been raised regarding both of these programs. GAO has issued

several reports noting that inadequate staffing levels for both the CSI and C-TPAT programs have

hampered CBP’s ability to conduct inspections overseas at foreign ports and to validate every C73

For more information on this provision, which is identical to a provision in S. 2611, please refer to CRS Report

RL33181, Immigration Related Border Security Legislation in the 109th Congress, by (name redacted) and (name r

edacted).

74

H.Rept. 109-699, p. 127.

75

H.Rept. 109-699, p. 114.

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TPAT member within three years of certification.76 Recent testimony by a CBP official has also

noted that CBP itself is not satisfied with the current numbers of supply chain specialists available

to conduct C-TPAT validations. GAO has raised a number of additional concerns regarding the CTPAT program, which CBP has begun addressing, including the scope of effort and level of rigor

applied to the validation process, how many and what types of validations are necessary to

manage security risk, and the lack of a comprehensive set of performance measures for the

program.77 GAO has also reported that several factors limit CBP’s ability to successfully target

maritime containers at foreign ports, including staffing imbalances, operational factors, lack of

technical requirements for NII equipment used at foreign ports, and continued refinements to the

strategic plan and performance measures needed to manage the program.78

The House Appropriations Committee in H.Rept. 109-476 expressed several concerns regarding

the department’s port, container, and cargo security programs, including lack of a “port, container,

and cargo strategic plan....”79 The committee would have withheld $10 million from the Office of

the Secretary and Management until this strategic plan was submitted. Several elements that

would be required under this plan are similar to items that have been included in port security

bills (H.R. 4954 passed by the House, S. 2459 and S. 1052 both reported in the Senate, and S.

2791 introduced in the Senate). Significant provisions that would be required by the strategic plan

outlined in H.Rept. 109-476 include having the Secretary ensure that

•

all inbound cargo is screened by the Automated Targeting System (ATS);

•

the percentage of inbound cargo inspected by CBP is doubled;

•

by the end of FY2007:

—CSI maintains a 100% manifest review rate;

—C-TPAT conducts validations of new certified participants within one year, and

once every three years thereafter; and

—the percentage of containerized cargo screened for radiation as of January 1,

2006 is doubled.

In addition to the above items, the plan would be required to include a discussion of how the CSI

program is coordinated with the Department of Energy’s Megaports program, how CBP is

promoting non-intrusive inspection (NII) equipment in foreign countries, minimum standards for

securing cargo containers, an evaluation of evaluation of cargo inspection systems utilized at

high-volume foreign ports (such as Hong Kong), among other items. P.L. 109-295 requires CBP

to comply with these strategic plan directives set out in H.Rept. 109-699.

76

GAO-05-446T, Homeland Security: Key Cargo Security Programs Can Be Improved, May 26, 2005, p. 20, and p.

16.

77

See GAO, Homeland Security: Key Cargo Security Programs Can Be Improved, GAO-05-466T, Testimony by

Richard M. Stana, Director, Homeland Security and Justice Issues, before the Senate Permanent Subcommittee on

Investigations, Committee on Homeland Security and Governmental Affairs, May 26, 2005, for a discussion of these

issues and steps CBP has taken to address them.

78

GAO has reported issues pertaining to the CSI on several occasions, including in testimony before the Senate

Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs. See

Homeland Security: Key Cargo Security Programs Can be Improved, May 26, 2005. See also, GAO, Container

Security: A Flexible Staffing Model and Minimum Equipment Requirements Would Improve Overseas Targeting and

Inspection Efforts, GAO-05-557, Apr. 26, 2005.

79

H.Rept. 109-476, pp.9-10.

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Section 558 of P.L. 109-295 requires the Secretary of DHS to conduct a full-scale pilot of the

integrated screening system (similar to the one being used at certain terminals in Hong Kong).

This provision is similar to the provision passed in the Security and Accountability for Every Port

Act (the SAFE Port Act, P.L. 109-347). Title VII of Senate-passed H.R. 5441 contains additional

appropriations for port security, including $251 million for CBP for FY2006, but this funding was

not included in P.L. 109-295 (though other emergency funding was included). For a full

discussion, see Appendix A of this report.

Screening Municipal Solid Waste

The Senate-passed version of H.R. 5441 included provisions pertaining to CBP’s screening of

municipal solid waste (MSW). Sec. 555 would have required CBP to submit a report to Congress

within 90 days of enactment indicating whether the methods used to inspect the trash trucks for

chemical, nuclear, biological, and radiological weapons were as effective as methods used to

screen other commerce. The report would also have been required to identify actions to improve

the screening of MSW in the event the current screening methods are found deficient, including

the acquisition of additional screening technology. Sec. 555 would have required the Secretary of

DHS to deny the entry of any truck carrying MSW in the event that CBP failed to implement the

required corrective actions within a specified time-frame. Sec. 557 would have required the

Secretary of DHS to provide personnel and equipment to improve the inspection of commercial

vehicles carrying MSW, and to levy a fee approximating the costs of the inspections. These

provisions were not included in P.L. 109-295.

Radiation Detection Devices and Non-Intrusive Inspection (NII) Technology .

CBP has deployed a number of non-intrusive inspection (NII) technologies at ports of entry to

assist customs inspectors with the inspection of cargos. Large scale NII technologies include a

number of x-ray and gamma ray systems. The Vehicle and Cargo Inspection Systems (VACIS),

which uses gamma rays to produce an image of the contents of a container for review by the CBP

inspector, can be deployed in a mobile or stationary capacity depending upon the needs of the

port. Mobile Sea Container Examinations Systems are also deployed at ports to examine

containers. CBP is also continuing to deploy nuclear and radiological detection equipment

including personal radiation detectors, radiation portal monitors (RPMs), and radiation isotope

identifiers to ports of entry (POEs).

Recently, various concerns have been raised regarding in particular the radiation detection

equipment. GAO reported in March of 2006,80 that although DHS has made progress in deploying

radiation detection equipment at US POEs, the program goals are unrealistic (deployment has

fallen behind schedule), and the program’s cost estimate is uncertain. Delays have been caused by

a variety of factors, including DHS’s review process which has delayed the provision of

acquisition and deployment information to Congress, and difficult negotiations with seaport

operators concerning placement of the portal monitors and the screening of railcars. According to

GAO, uncertainty regarding the cost and improved effectiveness of advanced technology portals

are contributing to the difficulties in obtaining an accurate cost estimate of the radiation detection

deployment program.

80

GAO, DHS has Made Progress in Deploying Radiation Detection Equipment at U.S. Ports-of-Entry, but Concerns

Remain, GAO-06-389, Mar. 22, 2006.

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In addition, GAO found that although DHS has improved the use of the detection equipment,

CBP officers do not have access to data that would allow them to verify Nuclear Regulatory

Commission (NRC) licenses (which are generally required for radiological materials transported

into the U.S., though the licenses need not accompany the shipment), and that CBP secondary

inspection procedures do not require CBP officers to open containers and inspect them to resolve

an alarm (though GAO found that this does occur at some POEs). GAO recommended that DHS

streamline its internal review procedures so that the department can

•

provide Congress with spending data in a more timely fashion; update the RPM

deployment schedule;

•

analyze the benefits and costs of advanced portal technology and then revise the

cost estimate;

•

develop methods to effectively screen rail containers;

•

revise agency container inspection procedures; and

•

develop a way for CBP officers to verify NRC licenses.

The House, in H.Rept. 109-476, indicated its continuing concern with the issues cited by GAO in

its report, and required CBP to report to Congress by January 16, 2007, on improvements to the

process for combating nuclear smuggling.

The Senate, in S.Rept. 109-273, indicated its support for the acquisition and use of multiple

technologies and advanced mobile inspection systems to screen cargo containers and

conveyances. The committee also noted that GAO concluded that there was no specific plan to

interdict hazardous materials that may be entering the United States, and the committee

encouraged CBP to use the most up to date technology to address this issue.81

CBP Air and Marine .

The Administration requested $338 million for the CBP Air and Marine Interdictions, Operations,

Maintenance, and Procurement account. P.L. 109-295 provides $602 million for CBP Air and

Marine. This amount includes $70 million for P-3 service-life extension and additional hours; $20

million for helicopter acquisition; $20 million for unmanned aerial vehicles (UAVs) and related

support systems; $2 million for marine interceptor boat replacement; $10 million for the

missionization of manned covert aircraft; $64 million for two medium lift helicopters; $58

million for multipurpose aircraft; and $19 million for the Northern Border Airwing (NBA).

H.Rept. 109-699 would also require DHS to include funding for the fifth NBA, to be set up in

Michigan, in the FY2008 budget request.

House-passed H.R. 5441 provided $373 million for this account, nearly $36 million above the

Administration’s request and $23 million below the FY2006 enacted amount. The Senate-passed

H.R. 5441 provided a total of $472 million for the CBP Air and Marine Interdictions, Operations,

Maintenance, and Procurement account; and $173 million for CBP Air and Marine, Personnel,

Compensation, and Benefits, in the CBP Salaries and expenses account. Title VI of Senate-passed

H.R. 5441 contained a provision that provided an additional $105 million for air asset

81

GAO, Undeclared Hazardous Materials: New DOT Efforts May Provide Additional Information on Undeclared

Shipments, GAO-06-471, Mar. 2006.

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replacement and air operations facilities upgrades. The total amount provided in Senate-passed

H.R. 5441 for the CBPAM Interdictions, Operations, Maintenance, and Procurement account was

$577 million.

The House Appropriations Committee remained concerned with several aspects of the CBP Air

and Marine program. CBP had yet to submit a capitalization plan to Congress, and as a result the

House recommended reduced funding for CBP’s Headquarters, Management and Administration

has been reduced by $4 million. In addition, H.Rept. 109-476 directed CBP to submit the Air and

Marine Capitalization Plan no later than November 1, 2006. There have been several

organizational changes made to CBP Air and Marine operations in the past couple of years. The

most recent of these changes include the move of CBP Air and Marine from ICE to CBP and the

consolidation of legacy Customs air and marine assets with the air and marine assets of the

Border Patrol. Concerns have been raised regarding the impact of this consolidation on the

deployment of CBP Air and Marine assets, particularly in the source and transit zones, and for

investigative and surveillance support missions. H.Rept. 109-476 directed CBP to reflect a

comprehensive approach to asset deployment that is not solely focused on the physical border. In

addition, CBP was also directed to report to Congress no later than January 16, 2007, on requests

for support made in 2006, the response to those requests, and on the consequences of reduced

support to ICE.82

Unmanned Aerial Vehicles

Senate-passed H.R. 5441 included a provision that would direct DHS to establish a pilot program

for the use of Unmanned Aerial Vehicles to surveil the northern border. P.L. 109-295 provides $20

million within the CBP Air and Marine Interdictions, Operations, Maintenance, and Procurement

account for the acquisition of unmanned aerial vehicles (UAV). The conferees (in H.Rept. 109699) directed CBP to submit to the House and Senate Committees the official findings of the

April 2006 UAV crash in Arizona no later than January 23, 2007. CBP was also encouraged to

work with the Federal Aviation Administration to establish a pilot program to test the use of

UAVs to surveil the northern border.

Shadow Wolves Transfer

Prior to the creation of DHS, the Shadow Wolves were a Customs Patrol investigative unit within

the U.S. Customs Service charged with enforcing customs laws and interdicting smugglers within

the Tohono O’odham reservation. The Shadow Wolves were created after years of negotiation

between the Customs Service and the Tribe, and members of the unit must be certified Native

American. The Shadow Wolves were originally placed within ICE when DHS was created, but

were subsequently moved into CBP where they are administratively under the USBP. During

floor debate on H.R. 5441, an amendment was agreed to (H.Amdt. 952) that would transfer $2

million in funding from CBP to ICE to effectively move the Shadow Wolves into ICE. P.L. 109295 includes $3 million to effect the transfer of the Shadow Wolves from CBP into ICE.83

82

83

H.Rept. 109-476, pp. 33-34.

H.Rept. 109-699, pp. 125 and 132.

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Immigration and Customs Enforcement (ICE)84

ICE focuses on enforcement of immigration and customs laws within the United States. ICE

develops intelligence to reduce illegal entry into the United States and is responsible for

investigating and enforcing violations of the immigration laws (e.g., alien smuggling, hiring

unauthorized alien workers). ICE is also responsible for locating and removing aliens who have

overstayed their visas, entered illegally, or have become deportable. In addition, ICE develops

intelligence to combat terrorist financing and money laundering, and to enforce export laws

against smuggling, fraud, forced labor, trade agreement noncompliance, and vehicle and cargo

theft. Furthermore, this bureau oversees the building security activities of the Federal Protective

Service, formerly of GSA. The Federal Air Marshals Service (FAMS)85 was returned from ICE to

TSA pursuant to the reorganization proposal of July 13, 2005. The Office of Air and Marine

Interdiction was transferred from ICE to CBP, and therefore the totals for ICE do not include Air

and Marine Interdiction funding, which is included under CBP. See Table 6 for account-level

detail for all of the agencies in Title II, and Table 8 for sub-account-level detail for ICE Salaries

and Expenses (S&E) for FY2006 and FY2007.

President’s FY2007 Request

The Administration requested $4,696 million in gross budget authority for ICE in FY2007, which

represents a 20% increase over the enacted FY2006 level of $3,916 million. The Administration

requested an appropriation of $3,928 million in net budget authority for ICE in FY2007,

representing a 24% increase over the FY2006 enacted level of $3,175 million. Table 8 provides

activity-level detail for the Salaries and Expenses account.

Table 8. ICE S&E Sub-account Detail

(budget authority in millions of dollars)

FY2006

Enacted

FY2007

Request

FY2007

House

FY2007

Senate

FY2007

Conf.

HQ & Administration

254

—

265

280

274

Legal Proceeding

129

207

187

187

187

Investigations - Domestic

1,183

1,457

1,325

1,286

1,285

Investigations - International

101

105

105

103

105

1,284

1,562

1,430

1,388

1,390

50

58

51

51

51

DRO-Custody Operations

1,003

1,433

1,291

1,236

1,382

DRO-Fugitive Operations

101

174

200

146

183

DRO-Institutional Removal Program

93

110

105

101

137

DRO - Alternatives to Detention

28

43

46

41

44

DRO Transportation and Removal Program

133

317

273

308

238

Activity

Investigations Total

Intelligence

84

85

Prepared by (name redacted), Analyst in Social Legislation, Domestic Social Policy Division.

FAMS transferred to ICE from TSA in Aug. 2003.

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FY2006

Enacted

FY2007

Request

FY2007

House

FY2007

Senate

FY2007

Conf.

1,358

2,077

1,915

1,833

1,984

Unspecified Supplemental

340

—

—

—

—

ICE Salaries and Expenses

3,417

3,902

3,850

3,740

3,887

Activity

DRO Total

Source: DHS FY2007 Congressional Budget Justifications, p. ICE-S&E-4, and the conference report (H.Rept.

109-476) to H.R. 5441. Unspecified supplemental from P.L. 109-234.

Note: Totals may not add due to rounding.

The request included the following program increases:

•

$66.9 million for the Office of Investigations pay and non-pay inflation;

•

$16.6 million for additional compliance enforcement agents and law enforcement

technicians;

•

$364.6 million for custody management and detention bedspace;

•

$64.7 million for Fugitive Operations;

•

$13 million for Alternatives to Detention;

•

$8.7 million for Institutional Removal Program (IRP);

•

$174.9 million for transportation and removal within the detention and removal

program;

•

$41.9 million for worksite enforcement; and

•

$59.1 million for legal proceedings.86

House-Passed H.R. 5441

House-passed H.R. 5441 would have appropriated $4,644 million in gross budget authority for

ICE in FY2007, which represented a 19% increase over the enacted FY2006 level of $3,916

million, and $52 million less than the President’s request. As shown in Table 6, the bill would

have appropriated $3,876 million in net budget authority for ICE in FY2007, which represented a

22% increase over the FY2006 enacted level of $3,175 million. Of the appropriated amount, $5.4

million would have been used to implement §287(g) of the INA; $11.2 million would have been

designated to fund or reimburse other federal agencies for the cost of care, and repatriation of

smuggled aliens, and $15.8 million would have been targeted for enforcement of laws against

forced child labor.

In addition, H.Rept 109-476 recommended an increase over FY2006 funding of

86

•

$275 million for detention bedspace, transportation, and removal efforts

associated with the SBI;

•

$33.4 million for 70 fugitive operations teams;

Also known as Office of the Principal Legal Advisor.

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•

$13.7 million for financial and trade investigations;

•

$1 million for the Human Smuggling and Trafficking Center;87

•

$5 million for alternatives to detention; and

•

$40 million to expand the Criminal Alien Program (CAP).

Senate-Passed H.R. 5441

Senate-passed H.R. 5441 would have appropriated $4,717 million in gross budget authority for

ICE in FY2007, which would have represented a 20% increase over the gross enacted FY2006

level of $3,916 million, and $21 million more than the President’s request. As shown in Table 6,

the bill would have appropriated $3,919 million in net budget authority for ICE in FY2007, which

would have represented a 23% increase over the FY2006 enacted level of $3,175 million. Of the

appropriated amount, $58 million would have been available to increase detention space

(including related support) by 1,700 beds, $5.4 million would have been used to implement

§287(g) of the INA; $11.2 million would have been designated to fund or reimburse other federal

agencies for the cost of care, and repatriation of smuggled aliens, $15.8 million would have been

targeted for enforcement of laws against forced child labor, $102,000 would have been used to

promote public awareness of child pornography, and $203,000 would have funded project alert.88

Senate-passed H.R. 5441 (§601) would have directed the Secretary of DHS to adjust the fees

charged to noncitizens to achieve no less than $350 million in additional receipts by September

30, 2007. Of the additional monies, $30 million would have been for vehicle replacement in ICE,

and $15 million for ICE automation modernization.

In addition, S.Rept. 109-273 recommended an increase over FY2006 funding of

•

$10 million (27 FTEs) for compliance investigations related to visa overstays;

•

$400,000 to implement §287(g) agreements;

•

$3.9 million to respond to requests for assistance from state and local law

enforcement;

•

$38.5 million (128 FTEs) for DHS representation in removal proceedings;

•

$165 million for DRO custody management;

•

$94 million for DRO transportation and removal operations;

•

$40 million for DRO fugitive operations;

•

$1 million (4 FTEs) to establish the Office of Financial Management to oversee

internal controls within ICE;

•

$3.6 million (16 FTEs) to improve the Office of Procurement;

•

$10 million to expand the Office of Professional Responsibility; and

87

Established by the Intelligence Reform and Terrorist Prevention Act of 2004 (P.L. 108-458, §7202 ), the Human

Smuggling and Trafficking Center is an interagency group which provides information and support to counter migrant

smuggling, trafficking of persons, and clandestine terrorist travel.

88

Project ALERT was launched by the National Center for Missing and Exploited Children in 1992, and consists of

retired law enforcement agents who volunteer to provide assistance, as requested, to law enforcement agencies.

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•

$2 million for the Cyber Crime Center.

P.L. 109-295

P.L. 109-295 appropriates $4,727 million89 in gross budget authority for ICE in FY2007,

representing a 21% increase over the gross enacted FY2006 level of $3,916 million. As shown in

Table 6, the bill would appropriate $3,928 million in net budget authority (not including the

additional $30 million in emergency funding) for ICE in FY2007, representing a 24% increase

over the FY2006 enacted level of $3,175 million. Of the appropriated amount, $5.4 million would

be used to implement §287(g) of the INA, $11.2 million would be designated to fund or

reimburse other federal agencies for the cost of care and repatriation of smuggled aliens, $15.8

million would be targeted for enforcement of laws against forced child labor, $102,000 would be

used to promote public awareness of child pornography, and $203,000 would fund Project Alert.90

Of the monies, $30 million would be for vehicle replacement in ICE and $15 million for ICE

automation modernization. P.L. 109-295 specifies that $13 million of the appropriated monies for

automation modernization may not be obligated until the House and Senate Appropriations

Committees receive and approve a plan for spending the funds.

In addition, H.Rept. 109-699 recommends increased or new funding of

•

$153.4 million for DRO custody management;

•

$94 million for DRO transportation and removal operations;

•

$76 million for DRO fugitive operations and associated bed space;

•

$20 million for DRO vehicles;

•

$2.5 million for Alternatives to Detention;

•

$4.6 million for internal controls and procurement management;

•

$5 million for the Office of Professional Responsibility;

•

$10 million for Compliance Enforcement Units;

•

$30 million for expanded worksite enforcement efforts;

•

$10 million for additional vehicles for the Office of Investigations;

•

$6.8 million for the Trade Transparency Unit;

•

$2 million for the Criminal Alien Program; and

•

$1 million for the Human Smuggling and Trafficking Center.

Office of Investigations/Immigration Functions

ICE’s Office of Investigations (OI) focuses on a broad array of criminal and civil violation

affecting national security such as illegal arms exports, financial crimes, commercial fraud,

89

This number includes an emergency appropriation of $30 million for ICE.

Project ALERT was launched by the National Center for Missing and Exploited Children in 1992, and consists of

retired law enforcement agents who volunteer to provide assistance, as requested, to law enforcement agencies.

90

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human trafficking, narcotics smuggling, child pornography/exploitation, worksite enforcement,

and immigration fraud. ICE special agents also conduct investigations aimed at protecting critical

infrastructure industries that are vulnerable to sabotage, attack, or exploitation.91 The Homeland

Security Act of 2002 (P.L. 107-296) abolished the INS and the United States Customs Service,

and transferred most of their investigative functions to ICE effective March 1, 2003. There are

investigative advantages to combining the INS and Customs Services, as those who violate

immigration laws often are engaged in other criminal enterprises (e.g., alien smuggling rings

often launder money). Nonetheless, concerns have been raised that not enough resources have

been focused on investigating civil violations of immigration law and that ICE resources have

been focused on terrorism and the types of investigations performed by the former Customs

Service.92

P.L. 109-295 appropriates $1,285 million for OI domestic operations, which according to the

conference report, includes increases in the base funding for two specific immigration

enforcement programs, the Compliance Enforcement Unit93 ($10 million) and worksite

enforcement ($30 million). The $1,457 million requested in the President’s budget for the OI

domestic operations also included increases for the Compliance Enforcement Unit and worksite

enforcement. The President’s budget requested an additional $41.9 million for worksite

enforcement to add 206 positions responsible for investigating and prosecuting violations under

immigration law for hiring unauthorized aliens. The President’s budget also requested an

additional $10.6 million for compliance investigations for an additional 54 positions.94 Housepassed H.R. 5441 would have appropriated $1,325 million for OI domestic operations, whereas

Senate-passed H.R. 5441 would have appropriated $1,286 million for OI domestic operations,

$39 million less than House-passed H.R. 5441, and $171 million less than the President’s request.

Detention and Removal Operations

Detention and Removal Operations (DRO) in ICE provides custody management of aliens who

are in removal proceedings or who have been ordered removed from the United States.95 DRO is

also responsible for ensuring that aliens ordered removed actually depart from the United States.

Many contend that DRO does not have enough detention space to house all those who should be

detained. A study done by DOJ’s Inspector General found that almost 94% of those detained with

final orders of removal were deported whereas only 11% o

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Homeland Security Department: FY2007 Appropriations · RL33428 | Frix