Homeland Security Department: FY2009 Appropriations

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Homeland Security Department:

FY2009 Appropriations

(name redacted), Coordinator

Analyst in Domestic Security

March 4, 2009

Congressional Research Service

7-....

www.crs.gov

RL34482

CRS Report for Congress

Prepared for Members and Committees of Congress

Homeland Security Department: FY2009 Appropriations

Summary

This report describes the FY2009 appropriations for the Department of Homeland Security

(DHS). The Administration requested a net appropriation of $38,849 million in budget authority

for FY2009. The House Appropriations Committee reported its version of the FY2009 DHS

Appropriations bill on June 24, 2008. The bill was filed on September 18, 2008, as H.R. 6947,

and the accompanying report has been numbered H.Rept. 110-862. House-reported H.R. 6947

would have provided a net appropriation of $41,137 million in budget authority for DHS for

FY2009. This amounted to an increase of $2,288 million, or nearly 6% increase over the

President’s request. The Senate-reported its version of the bill on June 19, 2008. S. 3181 would

have provided $41,314 million in net budget authority for DHS for FY2009, a $2,465 million or

6% increase over the President’s request.

On September 23, 2008, the House Rules Committee reported H.Res. 1488 for consideration of

the Senate amendment to H.R. 2638, the Consolidated Security, Disaster Assistance, and

Continuing Appropriations Act, 2009. H.R. 2638 was originally introduced as the FY2008 DHS

Appropriations Act but was amended to serve as the legislative vehicle for the proposed

Continuing Resolution, a Disaster Relief Emergency Supplemental, the Department of Defense

FY2009 Appropriations Act, the FY2009 Department of Homeland Security Appropriations Act,

and the FY2009 Military Construction and Veterans Assistance Act (see the CRS Appropriations

Status table for more information: http://www.crs.gov/Pages/fy2009-status-table.aspx). H.R. 2638

was enacted as P.L. 110-329 on September 30, 2008.

Division D of P.L. 110-329 provided a net appropriation of $41,225 million for DHS for FY2009.

This amounted to nearly $2,376 million more than the President’s request for FY2009, $88

million more than was reported by the House in H.R. 6947, and $89 million less than was

reported by the Senate in S. 3181. Net appropriations for major agencies within DHS were as

follows: Customs and Border Protection (CBP), $9,821 million; Immigration and Customs

Enforcement (ICE), 4,989 million; Transportation Security Administration (TSA), $4,367 million;

Coast Guard, $9,361 million; Secret Service, $1,413 million; National Protection & Programs

Directorate, $1,158 million; Federal Emergency Management Administration (FEMA), $6,963

million; Science and Technology, $933 million; and the Domestic Nuclear Detection Office, $514

million. Additionally, Division B of the Act also contained the following amounts for DHS

agencies in emergency supplemental FY2008 funding: $300 for the Coast Guard, $7.96 billion

for FEMA’s Disaster Relief Account, and $100 million for FEMA to reimburse the American Red

Cross.

P.L. 111-5, the American Recovery and Reinvestment Act of 2009, provided $2,765 million in

emergency supplemental funding for DHS in FY2009. Funding was broken out as follows: $205

million for Departmental Operations; $680 million for CBP; $20 million for ICE; $1,000 million

for TSA; $250 million for the Coast Guard; and $610 million for FEMA.

This report will not be updated.

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Contents

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

P.L. 111-5........................................................................................................................1

P.L. 110-329....................................................................................................................1

House-reported H.R. 6947...............................................................................................1

Senate-reported S. 3181 ..................................................................................................2

President’s FY2009 Budget Submitted ............................................................................2

Note on Most Recent Data ..............................................................................................3

Background ................................................................................................................................3

Department of Homeland Security ........................................................................................3

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

Budget Authority, Obligations, and Outlays...........................................................................4

Discretionary and Mandatory Spending.................................................................................5

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

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

DHS Appropriations Trends ..................................................................................................8

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

Title I: Departmental Management and Operations .................................................................... 11

President’s FY2009 Request.......................................................................................... 11

House-reported H.R. 6947............................................................................................. 12

Senate-reported S. 3181 ................................................................................................ 12

P.L. 110-329.................................................................................................................. 12

P.L. 111-5...................................................................................................................... 13

Personnel Issues ........................................................................................................... 16

Analysis and Operations...................................................................................................... 20

President’s FY2009 Request.......................................................................................... 21

House-reported H.R. 6947............................................................................................. 21

Senate-reported S. 3181 ................................................................................................ 22

P.L. 110-329.................................................................................................................. 22

Title II: Security Enforcement and Investigations ...................................................................... 22

Customs and Border Protection (CBP) ................................................................................ 27

President’s FY2009 Request.......................................................................................... 27

House-reported H.R. 6947............................................................................................. 27

Senate-reported S. 3181 ................................................................................................ 27

P.L. 110-329.................................................................................................................. 28

P.L. 111-5...................................................................................................................... 28

Issues for Congress ....................................................................................................... 29

Immigration and Customs Enforcement (ICE) ..................................................................... 34

President’s FY2009 Request.......................................................................................... 34

House-reported H.R. 6947............................................................................................. 35

Senate-reported S. 3181 ................................................................................................ 36

P.L. 110-329.................................................................................................................. 37

P.L. 111-5...................................................................................................................... 38

Issues for Congress ....................................................................................................... 39

Transportation Security Administration (TSA)..................................................................... 43

President’s FY2009 Request.......................................................................................... 43

House-reported H.R. 6947............................................................................................. 44

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Senate-reported S. 3181 ................................................................................................ 44

P.L. 110-329.................................................................................................................. 45

P.L. 111-5...................................................................................................................... 46

TSA Issues for Congress ............................................................................................... 48

United States Coast Guard................................................................................................... 52

President’s FY2009 Request.......................................................................................... 52

House-reported H.R. 6947............................................................................................. 52

Senate-reported S. 3181 ................................................................................................ 52

P.L. 110-329.................................................................................................................. 52

P.L. 111-5...................................................................................................................... 53

Issues for Congress ....................................................................................................... 54

Deepwater..................................................................................................................... 54

Response-Boat Medium ................................................................................................ 55

Security Mission ........................................................................................................... 55

Non-Homeland Security Missions ................................................................................. 56

Marine Safety ............................................................................................................... 57

Rescue-21 ..................................................................................................................... 57

LORAN-C .................................................................................................................... 58

Bridge Alteration Program ............................................................................................ 58

Arctic Activity .............................................................................................................. 59

U.S. Secret Service ............................................................................................................. 59

President’s FY2009 Request.......................................................................................... 60

House-reported H.R. 6947............................................................................................. 60

Senate-reported S. 3181 ................................................................................................ 60

P.L. 110-329.................................................................................................................. 60

Title III: Preparedness and Response ......................................................................................... 62

Federal Emergency Management Agency (FEMA).............................................................. 65

President’s FY2009 Request.......................................................................................... 65

House-reported H.R. 6947............................................................................................. 65

Senate-reported S. 3181 ................................................................................................ 66

P.L. 110-329.................................................................................................................. 66

P.L. 111-5...................................................................................................................... 66

FEMA Issues for Congress.................................................................................................. 66

Disaster Relief Fund...................................................................................................... 66

Emergency Food and Shelter (EFS) Program................................................................. 67

Flood Map Modernization............................................................................................. 68

FEMA Management and Administration—Work Force.................................................. 68

Pre-Disaster Mitigation ................................................................................................. 69

Gulf Coast Hurricane Recovery Issues .......................................................................... 70

Administrative, Financial and Budgeting Challenges ..................................................... 71

Urban Search and Rescue.............................................................................................. 72

Climate Change ............................................................................................................ 72

Grant Programs Directorate................................................................................................. 73

President’s Request ....................................................................................................... 73

House-reported H.R. 6947............................................................................................. 74

Senate-reported S. 3181 ................................................................................................ 74

P.L. 110-329.................................................................................................................. 74

P.L. 111-5...................................................................................................................... 74

Grant Programs Directorate Issues for Congress............................................................ 76

Office of Health Affairs....................................................................................................... 78

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President’s FY2009 Request.......................................................................................... 78

House-reported H.R. 6947............................................................................................. 78

Senate-reported S. 3181 ................................................................................................ 79

P.L. 110-329.................................................................................................................. 79

Office of Health Affairs Issues for Congress.................................................................. 79

National Protection and Programs Directorate ..................................................................... 80

Management and Administration................................................................................... 80

President’s FY2009 Request.......................................................................................... 81

House-reported H.R. 6947............................................................................................. 81

Senate-reported S. 3181 ................................................................................................ 81

P.L. 110-329.................................................................................................................. 81

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

U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) .................................. 82

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

House-reported H.R. 6947............................................................................................. 83

Senate-reported S. 3181 ................................................................................................ 83

P.L. 110-329.................................................................................................................. 83

Issues for Congress ....................................................................................................... 84

Infrastructure Protection and Information Security .............................................................. 85

President’s FY2009 Request.......................................................................................... 85

House-reported H.R. 6947............................................................................................. 86

Senate-reported S. 3181 ................................................................................................ 87

P.L. 110-329.................................................................................................................. 88

IPIS Issues for Congress ............................................................................................... 89

Title IV: Research and Development, Training, Assessments, and Services ................................ 89

U.S. Citizenship and Immigration Services (USCIS) ........................................................... 91

President’s FY2009 Request.......................................................................................... 91

House-reported H.R. 6947............................................................................................. 92

Senate-reported S. 3181 ................................................................................................ 92

P.L. 110-329.................................................................................................................. 93

USCIS Issues for Congress ........................................................................................... 94

Federal Law Enforcement Training Center (FLETC) ........................................................... 96

President’s Request ....................................................................................................... 96

House-reported H.R. 6947............................................................................................. 97

Senate-reported S. 3181 ................................................................................................ 97

P.L. 110-329.................................................................................................................. 97

Science and Technology (S&T)........................................................................................... 97

President’s FY2009 Request.......................................................................................... 98

House-reported H.R. 6947............................................................................................. 98

Senate-reported S. 3181 ................................................................................................ 98

P.L. 110-329.................................................................................................................. 98

Issues for Congress ....................................................................................................... 99

Domestic Nuclear Detection Office ................................................................................... 100

President’s FY2009 Request........................................................................................ 100

House-reported H.R. 6947........................................................................................... 100

Senate-reported S. 3181 .............................................................................................. 100

P.L. 110-329................................................................................................................ 100

Issues for Congress ..................................................................................................... 101

FY2009-Related Legislation.................................................................................................... 102

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Budget Resolution............................................................................................................. 102

Tables

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

Table 2. FY2009 302(b) Discretionary Allocations for DHS ........................................................4

Table 3. FY2009 Request: Moving From Gross Budget Authority to Net Appropriation—

Fee Accounts, Offsetting Fees, and Trust and Public Enterprise Accounts .................................6

Table 4. DHS Appropriations, FY2003-FY2009 ..........................................................................8

Table 5. DHS: Summary of Appropriations .................................................................................9

Table 6. Title I: Department Management and Operations.......................................................... 14

Table 7.Office of the Chief Human Capital Officer and Office of Human Capital

Appropriations ....................................................................................................................... 17

Table 8. Title II: Security, Enforcement, and Investigations ....................................................... 23

Table 9. CBP S&E Sub-account Detail ...................................................................................... 28

Table 10. ICE S&E Sub-account Detail ..................................................................................... 38

Table 11. TSA Gross Budget Authority, by Budget Activity ....................................................... 47

Table 12. Coast Guard Operating (OE) and Acquisition (ACI) Sub-account Detail..................... 53

Table 13. U.S. Secret Service Appropriations ............................................................................ 60

Table 14. Title III: Preparedness and Response .......................................................................... 63

Table 15. State and Local Homeland Security Programs ............................................................ 75

Table 16. FY2009 Budget Activity for the Management and Administration

Appropriation ........................................................................................................................ 81

Table 17. FY2009 Budget Activity for the Infrastructure Protection and Information

Security Appropriation ........................................................................................................... 88

Table 18. Title IV: Research and Development, Training, Assessments, and Services ................. 90

Table 19. USCIS Budget Account Detail ................................................................................... 94

Table 20. Directorate of Science and Technology Accounts and Activities, FY2008FY2009.................................................................................................................................. 99

Table 21. Domestic Nuclear Detection Office Accounts and Activities, FY2008-FY2009 ........ 101

Table D-1. Federal Homeland Security Funding by Agency, FY2003-FY2009 ......................... 112

Appendixes

Appendix A. DHS Funding in P.L. 111-5................................................................................. 103

Appendix B. FY2008 Supplemental Funding provided by Division B of P.L. 110-329 ............. 105

Appendix C. Emergency Funding for Border Security in The Consolidated

Appropriations Act, 2008 (P.L. 110-161) .............................................................................. 106

Appendix D. DHS Appropriations in Context .......................................................................... 111

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Contacts

Author Contact Information .................................................................................................... 113

Acknowledgments .................................................................................................................. 113

Key Policy Staff...................................................................................................................... 113

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Most Recent Developments

P.L. 111-5

In response to the ongoing economic recession in the United States, Congress enacted P.L. 111-5,

the American Recovery and Reinvestment Act of 2009, on February 17, 2005. Title V of P.L. 1115 included funding for a number of agencies within DHS, including $20 million for the Office of

the Undersecretary for Management; $5 million for the Office of the Inspector General; $680

million for CBP; $20 million for ICE; $1,000 million for TSA; $250 million for the Coast Guard;

and $610 million for FEMA.

P.L. 110-329

On September 23, 2008, the House Rules Committee reported H.Res. 1488 for consideration of

the Senate amendment to H.R. 2638, the Consolidated Security, Disaster Assistance, and

Continuing Appropriations Act, 2009. H.R. 2638 was originally introduced as the FY2008 DHS

Appropriations Act, but has been amended to serve as the legislative vehicle for the proposed

Continuing Resolution, a Disaster Relief Emergency Supplemental, the Department of Defense

FY2009 Appropriations Act, the FY2009 Department of Homeland Security Appropriations Act,

and the FY2009 Military Construction and Veterans Assistance Act.1 On September 24, 2008, the

House passed H.R. 2638. On September 27, 2008 the Senate passed H.R. 2638. H.R. 2638 was

enacted as P.L. 110-329 on September 30, 2008.

Division D of P.L. 110-329 provided a net appropriation of $41,225 million for DHS for FY2009.

This amounts to nearly $2,376 million more than the President’s request for FY2009, $88 million

more than was reported by the House in H.R. 6947, and $89 million less than was reported by the

Senate in S. 3181. Net appropriations for major agencies within DHS were as follows: Customs

and Border Protection, $9,821 million; Immigration and Customs Enforcement, 4,989 million;

Transportation Security Administration, $4,367 million; Coast Guard, $9,361 million; Secret

Service, $1,413 million; National Protection & Programs Directorate, $1,158 million; Federal

Emergency Management Administration (FEMA), $6,963 million; Science and Technology, $933

million; and the Domestic Nuclear Detection Office, $514 million. Additionally, Division B of the

Act also contained the following amounts for DHS agencies in emergency supplemental FY2008

funding: $300 for the Coast Guard, $7.96 billion for FEMA’s Disaster Relief Account, and $100

million for FEMA to reimburse the American Red Cross.

House-reported H.R. 6947

The House Appropriations Committee reported its version of the FY2009 DHS Appropriations

bill on June 24, 2008. The bill was filed on September 18, 2008, as H.R. 6947, and the

accompanying report has been numbered H.Rept. 110-862. House-reported H.R. 6947 would

provide a net appropriation of $41,137 million in budget authority for DHS for FY2009. This

would have amounted to an increase of $2,288 million or nearly 6% increase over the President’s

request. H.R. 6947 contained net appropriations for major components of the department as

1

See the CRS Appropriations Status table for more information http://www.crs.gov/products/appropriations/

appover.shtml.

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follows: $9,694 million for CBP; $4,813 million for ICE; $4,354 million for the TSA; $9,206

million for the U.S. Coast Guard; $1,371 million for the Secret Service; $1,287 for the NPP;

$7,407 million for the FEMA; $102 million for USCIS; $887 million for the S&T; and $544

million for the DNDO.

Senate-reported S. 3181

The Senate-reported its version of the bill on June 19, 2008. S. 3181 would have provided

$41,314 million in net budget authority for DHS for FY2009, a $2,465 million or 6% increase

over the President’s request. S. 3181 contained net appropriations for major components of the

department included as follows: $9,740 million for CBP; $4,989 million for ICE; $4,277 million

for the TSA; $9,216 million for the U.S. Coast Guard; $1,418 million for the Secret Service;

$1,041 for the NPP; $7,407 million for the FEMA; $151 million for USCIS; $919 million for the

S&T; and $541 million for the DNDO.

President’s FY2009 Budget Submitted

The President’s budget request for the Department of Homeland Security (DHS) for FY2009 was

submitted to Congress on February 4, 2008. The Administration requested $50,502 million in

gross budget authority for FY2009 (including mandatories, fees, and funds). The Administration’s

request included gross appropriations of $46,786 million, and a net appropriation of $38,849

million in budget authority for FY2009, of which $37,664 million was discretionary budget

authority, and $1,185 million was mandatory budget authority. The FY2008 enacted net

appropriated budget authority for DHS was $38,747 million ($49,907 million including

supplemental appropriations).

Table 1. Legislative Status of Homeland Security Appropriations

Subcommittee

Markup

House

Senate

6/11

(vv)

6/18

(vv)

H.Rept.

110-862

6/24

(vv)a

House

Passage

9/24

(370 -58)b

S.Rept.

110-396

6/19

(vv)

Senate

Passage

9/27

(78-12)b

Confr.

Report

9/24c

Public

Law

110-329

Note: (vv) = voice vote, (uc) = unanimous consent.

a.

The full House Appropriations Committee reported the FY2009 DHS Appropriations bill on June 6, 2008,

but the bill was not filed until September 18, 2008.

b.

On September 23, 2008, the House Rules Committee reported H.Res. 1488 for consideration of the

Senate amendment to H.R. 2638, the Consolidated Security, Disaster Assistance, and Continuing

Appropriations Act, 2009. H.R. 2638 was originally introduced as the FY2008 DHS Appropriations Act, but

was amended to serve as the legislative vehicle for the proposed Continuing Resolution, a Disaster Relief

Emergency Supplemental, the Department of Defense FY2009 Appropriations Act, the FY2009 Department

of Homeland Security Appropriations Act, and the FY2009 Military Construction and Veterans Assistance

Act.

c.

The conference report for the FY2009 DHS Appropriations Act was submitted as a joint explanatory

statement in the Congressional Record.

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Note on Most Recent Data

Data used in this report include data from the President’s Budget Documents, the FY2009 DHS

Congressional Budget Justifications, the FY2009 DHS Budget in Brief, S. 3181 and the

accompanying report S.Rept. 110-396, House-reportedH.R. 6947 and the accompanying report

(H.Rept. 110-862), and the DHS Joint Explanatory Statement as submitted in the Congressional

Record on September 24, 2008, and in the House- and Senate- enrolled version of H.R. 2638.

Data used in Table 21 are taken from the Analytical Perspectives volume of the FY2009

President’s Budget. These amounts do not correspond to amounts presented in Tables 4-20,

which were derived from the FY2009 DHS Congressional Budget Justifications. Except when

discussing total amounts for the bill as a whole, all amounts contained in this report are rounded

to the nearest million.

Background

This report describes the President’s FY2009 request for funding for DHS programs and

activities, as submitted to Congress on February 4, 2008. It compares the enacted FY2008

amounts to the request for FY2009, and tracks legislative action and congressional issues related

to the FY2009 DHS appropriations bills with particular attention paid to discretionary funding

amounts. The 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 five

titles: Title I Departmental Management and Operations; Title II Security, Enforcement, and

Investigations; Title III Preparedness and Recovery; Title IV Research and Development,

Training, Assessments, and Services; and Title V general provisions.

Title I contains appropriations for the Office of Management, the Office of the Secretary, the

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

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

Federal Coordinator for Gulf Coast Rebuilding.

Title II contains appropriations for Customs and Border Protection (CBP), Immigration and

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

(USCG), and the Secret Service. The U.S. Visitor and Immigrant Status Indicator Technology

(US-VISIT) program was appropriated within Title II through the FY2007 appropriation. The

FY2008 appropriation transferred US-VISIT, as proposed by the Administration, to the newly

created National Protection & Programs Directorate (NPPD) in Title III. Division E of P.L. 110161, the DHS Appropriations Act, 2008, enacted this reorganization, which is reflected by the

FY2009 request.

Through the FY2007 appropriation, Title III contained appropriations for the Preparedness

Directorate, Infrastructure Protection and Information Security (IPIS) and the Federal Emergency

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Management Administration (FEMA). The President’s FY2008 request included a proposal to

shift a number of programs and offices to eliminate the Preparedness Directorate, create the

NPPD, and move several programs to FEMA. These changes were largely agreed to by Congress

in the FY2008 appropriation, reflected by Title III in Division E of P.L. 110-161. The FY2009

request also reflects this reorganization.

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).

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. There is as

yet no budget resolution for FY2009. Table 2 shows DHS’ 302(b) allocations for FY2008 and the

current appropriations cycle.

Table 2. FY2009 302(b) Discretionary Allocations for DHS

(budget authority in billions of dollars)

FY2008

Comparable

$37.6

FY2009 Request

Comparablea

$37.6

FY2009 House

Allocationa

FY2009 Senate

Allocationa

$42.1

$42.3

FY2009 Enacted

Comparable

41.2

Source: CRS analysis of the FY2009 DHS Congressional Budget Justifications, H.Rept. 110-746, Report on the

Suballocation of Budget Allocations for Fiscal Year 2009, House Committee on Appropriations, July 8, 2008, and

S.Rept. 110-402, Revised Allocation to Subcommittees of Budget Totals from the Concurrent Resolution, Fiscal Year 2009,

Senate Committee on Appropriations, June 25, 2008.

a.

Does not include $2.2 billion in advance Bioshield funding appropriated in FY2004 that becomes available

for obligation in FY2009.

Budget Authority, Obligations, and Outlays

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

budget authority by Congress. Federal agencies then obligate funds from the enacted budget

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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 Act2

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.3 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.

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 $46.4 billion gross budget authority

requested for DHS in FY2009, 82% is composed of discretionary spending and 18% 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 Act of 19904 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.

2

U.S.C. §§1341, 1342, 1344, 1511-1517.

3

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.

4

P.L. 101-508, Title XIII.

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Offsetting Collections5

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. 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 the 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 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 FY2008 and in the

FY2009 request.

Table 3. FY2009 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

a

DHS gross budget authority (BA)

(gross discretionary + fees+ mandatory + funds)

Discretionary fee funded offsets

ICE

Federal Protective Service

Aviation security fees

TWIC

TSA

Hazmat

Registered Traveler

FEMA/EPR

National Flood Insurance Fund

CBP

Small airports

Subtotal discretionary fee funded offsets

Mandatory fee funded offsets

CBP

Immigration inspection

Immigration enforcement

Land border

5

FY2008

Enacted

FY2009

Request

52,915

50,502

613

2,113

64

18

4

111

7

2,930

616

2,329

9

18

10

157

7

3,146

562

3

27

570

3

27

Prepared with assistance from (name redacted), Analyst in American National Government.

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Homeland Security Department: FY2009 Appropriations

Account/Agency

Account Name

COBRA

APHIS

Puerto Rico

ICE

Immigration inspection

SEVIS

Breached bond detention fund

TSA

Aviation security capital fund

Checkpoint screening security fund

Alien flight school background checks

USCIS

Immigration examination fee

H1b, and H1b & L fees

Subtotal mandatory fee funded offsets

Mandatory budget authority

Secret service

Secret service retired payb

Coast guard

Coast guard retired payc

Subtotal mandatory budget authority

Trust funds and public enterprise funds

CBP

Customs unclaimed goods

FEMA

National Flood Insurance Fundd

Boat safety

Coast Guard

Oil spill recovery

Subtotal trust and public enterprise funds

DHS gross budget authoritya

Total offsets

Rescissions

Emergency Supplemental (P.L. 110-116)

DHS net appropriated BA (Mandatory + Discretionary)

FY2008

Enacted

392

321

98

114

56

64

250

250

3

2,495

44

4,679

FY2009

Request

411

333

97

118

75

120

676

—

3

2,495

44

4,972

210

(1,185)

210

225

(1,237)

225

6

2,833

133

147

3,119

52,915

-10,938

-262

-2,900

38,817

6

3,037

125

149

3,317

50,502

-11,660

—

—

38,843

Source: CRS analysis of the FY2009 President’s Budget, and the DHS FY2009 Budget in Brief.

Notes: Totals may not add due to rounding.

a.

DHS gross budget authority is the total budget authority available to the Department in a given fiscal year.

This amount includes both appropriated and non-appropriated funding.

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.

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Homeland Security Department: FY2009 Appropriations

Appropriations for the Department of Homeland

Security

DHS Appropriations Trends

Table 4 presents DHS Appropriations, as enacted, for FY2003 through the FY2009 request. The

appropriation amounts are presented in current dollars and are not adjusted. The amounts shown

in Table 4 represent enacted amounts at the time of the start of the next fiscal year’s appropriation

cycle (with the exception of FY2009). Thus, the amount shown for FY2003 is the enacted amount

shown in the House Committee report attached to the FY2004 DHS Appropriations bill. FY2008

is from the Joint Explanatory Statement for Division E of P.L. 110-161, and FY2009 is from the

FY2009 DHS Budget Justifications.

Table 4. DHS Appropriations, FY2003-FY2009

(budget authority in millions of dollars)

FY2003

FY2004

FY2005

FY2006

FY2007

FY2008 Enacted

FY2009

29,069a

30,175b

30,554c

31,679

35,311d

38,817e

41,225

Sources: FY2003 enacted taken from H.Rept. 108-169; FY2004 enacted taken from H.Rept. 108-541; FY2005

enacted taken from H.Rept. 109-79; FY2006 enacted taken from H.Rept. 109-476; FY2007 appropriation

amounts are from the H.Rept. 110-181; and FY2008 enacted amounts are from Division E of P.L. 110-161, and

tables in the Joint Explanatory Statement for Division E, published in the Congressional Record, December 17,

2007, pp. H16107-H16121 (incorporating amendments to the budget request). FY2009 enacted taken from the

DHS Joint Explanatory Statement as submitted in the Congressional Record, and in the House- and Senateenrolled version of H.R. 2638

Notes: Amounts do not include supplemental appropriations or rescissions that were enacted subsequent to

the enactment of each appropriations bill.

a.

S.Rept. 108-86 reported the FY2003 enacted amount as $29,287 million. CRS was unable to identify the

reason for this discrepancy. For the purposes of this table the House number was used to maintain

consistency with other fiscal years.

b.

Amount does not include $4,703 million in advance appropriations for Project Bioshield.

c.

Amount does not include $2,508 million in advance appropriations for Project Bioshield

d.

Amount includes $1,829 million in emergency budget authority that was enacted as a part of the FY2007

DHS Appropriations Act (P.L. 109-295).

e.

FY2008 Enacted includes emergency funding for DHS enacted by Division E of P.L. 110-161.

Summary of DHS Appropriations

Table 5 is a summary table comparing the enacted appropriations for FY2008 and the requested,

recommended by the House and Senate, and enacted appropriations for FY2009.

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Homeland Security Department: FY2009 Appropriations

Table 5. DHS: Summary of Appropriations

(budget authority in millions of dollars)

FY2008 Appropriation

FY2009 Appropriation

FY2008

Total

FY2009

Request

FY2009

HouseReported

FY2009

SenateReported

P.L.

110-329

P.L. 1115 Emerg.

Funding

Total

FY2009

983

983

1,185

1,049

1,197

1,086

205

1,291

Customs and Border Protection

9,423

9,423

9,487

9,694

9,741

9,821

680

10,501

Immigration and Customs

Enforcement

4,735

4,735

4,748

4,813

4,989

4,989

20

5,009

Transportation Security

Administration

4,021

4,021

4,065

4,354

4,277

4,367

1,000

5,367

U.S. Coast Guard

8,632

8,932

9,071

9,206

9,216

9,361

250

9,611

U.S. Secret Service

1,385

1,385

1,414

1,371

1,418

1,413

Net subtotal: Title II

28,195

28,495

28,786

29,438

29,641

29,951

1,950

31,901

Total fee collections

5,025

5,025

5,399

4,973

4,997

4,997

—

4,997

Gross subtotal: Title II

33,220

33,520

34,185

34,411

34,638

34,948

1,950

36,898

1,177

1,177

1,286

1,287

1,041

1,158

—

1,158

Office of Health Affairs

117

117

161

134

171

157

—

157

Counter Terrorism Fund

—

Operational Component

FY2008

Enacteda

FY2008

Supp.

FY2008

Resc.

Title I: Departmental Operations

Subtotal: Title I

Title II: Security, Enforcement, and

Investigations

300b

300

300

1,413

Title III: Preparedness and Recovery

National Protection & Programs

Directorate

Federal Emergency Management

Administration

Net subtotal: Title III

Title IV: Research and Development,

Training, Assessments, and Services

CRS-9

—

—

—

—

—

—

—

6,806

10,960b

17,766

5,573

7,407

7,328

6,963

610

7,573

8,100

10,960b

19,060

7,020

8,829

8,540

8,278

610

8,888

Homeland Security Department: FY2009 Appropriations

FY2009 Appropriation

FY2008 Appropriation

Operational Component

FY2008

Enacteda

FY2008

Supp.

FY2008

Resc.

FY2008

Total

FY2009

Request

FY2009

HouseReported

FY2009

SenateReported

P.L.

110-329

P.L. 1115 Emerg.

Funding

Total

FY2009

Citizenship and Immigration Services

81

81

151

102

151

102

—

102

Federal Law Enforcement Training

Center

289

289

274

286

324

333

—

333

Science and Technology

830

830

869

887

919

933

—

933

Domestic Nuclear Detection Office

485

485

564

544

541

514

—

514

Net subtotal: Title IV

1,685

1,685

1,857

1,819

1,935

1,882

—

1,882

Total fee collections

2,539

2,539

2,539

2,539

2,539

2,539

—

2,539

Gross subtotal: Title IV

4,224

4,224

4,396

4,358

4,474

4,421

—

4,421

-216

-216

—

—

—

28c

—

28c

Title V: General Provisions

Rescissions

Department of Homeland Security

Appropriation

Gross DHS budget authority

46,311

11,260b

57,571

46,786

48,649

48,849

48,761

2,765

51,526

Total fee collections

-7,564

—

-7,564

-7,938

-7,512

-7,536

-7,536

—

-7,536

Net DHS budget authority

38,747

11,260b

50,007

38,849

41,137

41,314

41,225

2,765

43,990

Source: CRS Analysis of the FY2009 DHS Congressional Budget Justifications, the FY2009 DHS Budget in Brief, S. 3181 and the accompanying report S.Rept. 110-396, and

House-reported H.R. 6947 and its accompanying report (H.Rept. 110-862). FY2009 enacted from the DHS Joint Explanatory Statement as submitted in the Congressional

Record, and in the House- and Senate- enrolled version of H.R. 2638.

Notes: Tables may not add due to rounding.

a.

Column “FY2008 Enacted” includes emergency funding for DHS enacted by Division E of P.L. 110-161.

b.

FY2008 emergency supplemental funding was provided by two Acts: P.L. 110-116, §158, The Department of Defense Appropriations Act, 2008 provided $2,900 million in

FY2008 emergency supplemental funding for FEMA Disaster Relief; and Division B of P.L. 110-329 also provided $300 million for Coast Guard Acquisition,

Construction, and Improvements, $7,960 million for FEMA Disaster Relief, and $100 million for FEMA to reimburse the Red Cross.

c.

Represents the net of several amounts contained in the Title V General Provisions of House-passed H.R. 2638, including the following: Sec. 547, which would provide

an additional $50 million for REAL ID grants and an additional $50 million for REAL ID Information Sharing and Verification; Sec. 549, which would rescind $31 million

in undistributed TSA carryover balances; Sec.550, which would rescind $21 million in A&O unobligated balances; and Sec. 551, which would rescind $20 million in

Coast Guard unobligated balances.

CRS-10

Homeland Security Department: FY2009 Appropriations

Title I: Departmental Management and Operations6

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 12 entities that report directly to the Secretary; the Undersecretary for Management

(USM) and its components, such as the offices of the Chief Administrative Services Officer,

Chief Human Capital Officer, and Chief Procurement Officer; the Office of the Chief Financial

Officer (OCFO); the Office of the Chief Information Officer (OCIO); Analysis and Operations

Office (AOO); Office of the Federal Coordinator for Gulf Coast Rebuilding (OFCGCR); and

Office of the Inspector General (OIG). Table 6 shows Title I appropriations for FY2008 and

congressional action on the request for FY2009.

President’s FY2009 Request

FY2009 requests relative to comparable FY2008 enacted appropriations were as follow:

OS&EM, $127 million, an increase of $30 million (+31%); USM, $321 million, an increase of

$176 million (+121%); OCFO, $56 million, an increase of $25 million (+81%); OCIO, $247

million, a decrease of $48 million (-16%); AOO, $334 million, an increase of $28 million (+9%);

OFCGCR, $.25 million, a decrease of approximately $3 million (-90%); and OIG, $101 million, a

decrease of $8 million (-7%). The total FY2009 request for Title I was $1,187 million. This

represents an increase of $201 million (+20%) over the FY2008 enacted level.

Of the amounts requested, the largest increase would occur in the USM, which is seeking $120

million for the planned consolidation of DHS executive program leadership on the West Campus

of the Saint Elizabeth’s Hospital grounds in accordance with the DHS National Capital Region

Housing Master Plan signed by the Secretary on October 25, 2006. The consolidation includes up

to 4.5 million gross square feet of office space at the Saint Elizabeth’s site. Other areas of

increased USM funding include department-wide program management teams ($4 million), the

department-wide acquisition intern program ($3 million), and increased counterintelligence and

security needs ($1 million). A small increase in USM funding is being sought to provide added

support for the Deputy Under Secretary for Management for the transition process.

Formed in 2002, DHS has not previously been through a presidential transition. Many of its

principal components, however, have done so, some several times over. For example, the United

States Secret Service began as a Treasury Department bureau in 1865; the Bureau of Immigration,

which grew into the Bureau of Immigration and Naturalization and the Immigration and

Naturalization Service, was established in the Treasury Department in 1891;7 the United States

Coast Guard was statutorily chartered in 1915;8 the Bureau of Customs was created in the

Treasury Department in 1927;9 and the Federal Emergency Management Agency was mandated

by E.O. 12127 of March 31, 1979.10 At DHS, the Under Secretary for Management has

responsibility for, “before December 1 of any year in which a Presidential election is held, the

6

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

Stat. 1085.

8

Stat. 800.

9

Stat. 1381.

10

3 C.F.R., 1979 Comp., pp. 376-377.

7

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Homeland Security Department: FY2009 Appropriations

development of a transition and succession plan, to be made available to the incoming Secretary

and Under Secretary for Management, to guide the transition of management functions to a new

Administration.”11

On January 10, 2008, in response to a request of the Secretary of Homeland Security, the

Homeland Security Advisory Council issued a report by its Administration Transition Task Force.

The panel’s recommendations regarding transition preparation addressed seven broad areas: threat

awareness, leadership, congressional oversight/action, policy, operations, succession, and

training.12 Details about the implementation of the panel’s recommendations are not available for

security reasons, according to DHS.

House-reported H.R. 6947

House-reported H.R. 6947 recommended $1,049 million for DHS management and operations

entities funded in Title I, $136 less (-12%) than the amount requested. The allocations for entities

within the title, as approved by the House, were as follow: OS&EM, $123 million, a decrease of

$4 million (-3%); USM, -$190 million, a decrease of $130 million (-41%); OCFO, $55 million, a

decrease of $1 million (-2%); OCIO, $247 million, the same level as requested (0%); AOO, $324

million, a decrease of $9 million (-3%); OFCGCR, less than $1 million, the same level as

requested (0%); and OIG, $101 million, the same level as requested (0%), but increased by a $15

million proposed transfer of funds from FEMA’s Disaster Relief account, resulting in a

recommended total appropriation of $116 million, an increase of $15(+15%). A subsequent

amendment adopted in committee moved $6 million (-5%) from the Title I OS&EM account to

the Title II ICE salaries and expenses account.

Senate-reported S. 3181

Senate appropriators recommended $1,197 million for Title I accounts, slightly more (+1%) than

the President’s $1,185 million request. The suggested allocations for the title were as follow:

OS&EM, $123 million, a decrease of $4 million (-3%); USM, $310 million, a decrease of about

$9 million (-3%); OCFO, $56 million, the same level as requested (0%); OCIO, $274 million, an

increase of $27 million (+11%); AOO, $318 million, a decrease of $16 million (-5%); OFCGCR,

$3 million, an increase of $2 million (+50%); and OIG, $96 million, a decrease of $5 million

(-5%), but increased by a $16 million proposed transfer of funds from FEMA’s Disaster Relief

account, resulting in a recommended total appropriation of $112 million, an increase of $11

million (+11%).

P.L. 110-329

As approved by both houses of Congress and signed by the President, the final bill allocated

$1,086 million for Title I provided $99 million less (-8%) than the President’s $1,185 million

request. The allocations for the title were as follow: OS&EM, $123 million, a decrease of $4

million (-3%); USM, $191 million, a decrease of $130 million (-40%); OCFO, $55 million, a

11

4 U.S.C. §341(a)(9)(B).

12

U.S. Department of Homeland Security, Homeland Security Advisory Council, Report of the Administration

Transition Task Force (Washington: January 2008), available at http://www.dhs.gov/xlibrary/assets/

hsac_ATTF_Report.pdf.

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Homeland Security Department: FY2009 Appropriations

decrease of $1 million (-2%); OCIO, $272 million, an increase of $25 million (+10%); AOO,

$327, an decrease of $7 million (-2%); OFCGCR, almost $2 million, an increase of almost $1.75

million (+70%); and OIG, 114 million, an increase of $13 million (+13%).

P.L. 111-5

The American Recovery and Reinvestment Act of 2009 (H.R. 1), enacted on February 17, 2009,

provides $200 million for planning, design, construction costs, site security, information

technology infrastructure, fixtures, and related costs to consolidate the DHS headquarters (in the

OUM account). The Secretary of Homeland Security, in consultation with the Administrator of

General Services, must submit a plan for the expenditure of these funds to the Senate and House

Committees on Appropriations no later than 60 days after the act’s enactment.

The law also provides $5 million to the Office of Inspector General for the oversight and audit of

programs, grants, and projects funded under Title VI. The money will remain available until

September 30, 2012.

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Homeland Security Department: FY2009 Appropriations

Table 6.Title I: Department Management and Operations

(budget authority in millions of dollars)

FY2008 Appropriation

Operational Component

FY2008

Enacteda

FY2008

Supp.

FY2008

Resc.

FY2009 Appropriation

FY2008

Total

FY2009

Request

FY2009

Housereported

FY2009

Senatereported

P.L. 110329

P.L. 1115 Emerg.

Funding

Total

FY2009

Office of the Secretary and Executive

Management

97

97

127

117b

123

123

—

123

Office of Screening Coordination and

Operations

—

—

—

—

—

—

—

—

Office of the Undersecretary for

Management

145c

145c

321

190

311

192

200

392

Office of the Chief Financial Officer

31

31

56

55

56

55

—

55

Office of the Chief Information

Officer

295

295

247

247

275

272

—

272

Analysis and Operations

306d

306d

334

324

318e

327

—

327

Office of the Federal Coordinator

for Gulf Coast Rebuilding

3

3

—f

—g

3

2

—

2

Office of the Inspector General

109h

109h

101

116i

112j

115k

5

5

Net Budget Authority: Title I

986

986

1,187

1,049

1,197

1,086

205

1291

Source: CRS Analysis of the FY2009 DHS Congressional Budget Justifications, the FY2009 DHS Budget in Brief, S. 3181 and the accompanying report S.Rept. 110-396, and

House-reported H.R. 6947 and its accompanying report (H.Rept. 110-862). FY2009 enacted from the DHS Joint Explanatory Statement as submitted in the Congressional

Record, and in the House- and Senate- enrolled version of H.R. 2638.

Note: Tables may not add due to rounding.

a.

Column “FY2008 Enacted” includes emergency funding for DHS enacted by Division E of P.L. 110-161.

b.

Includes a $6 million transfer from OSEM to ICE S&E that was adopted by amendment during the House full committee mark-up.

c.

Includes an unspecified $5 million reduction per P.L. 110-161.

d.

Per P.L. 110-161Does not include $9 million rescission of prior year balances appropriated by P.L. 109-295.

e.

Includes $3 million rescission of unobligated balances.

f.

$250,000 was requested for the Office of the Federal Coordinator for Gulf Coast Rebuilding in FY2009; this table only shows millions, however.

CRS-14

Homeland Security Department: FY2009 Appropriations

g.

The House-reported bill includes $341,000 for this office.

h.

Includes a $14 million transfer of funds from FEMA’s Disaster Relief account.

i.

Includes a $15 million transfer of funds from FEMA’s Disaster Relief account.

j.

Includes a $16 million transfer of funds from FEMA’s Disaster Relief account.

k.

Includes a $16 million transfer of funds from FEMA’s Disaster Relief account.

CRS-15

Homeland Security Department: FY2009 Appropriations

Personnel Issues 13

The Office of the Chief Human Capital Officer (OCHCO) manages and administers human

resources at DHS and includes the Office of Human Capital (OHC). The OCHCO reports to the

Under Secretary for Management, and its appropriation is included in that of the Under Secretary.

The office “establishes policy and procedures” and “provides oversight, guidance, and leadership

for human resources functions, including learning and development.” The OHC designs and

implements human resources programs, including their strategy and technology components, and

the response to the issues identified in the Federal Human Capital Survey (FHCS).

According to the DHS Justifications, the FY2009 budget requested $47 million14 and 86 full-time

equivalent (FTE) employees for the OCHCO and the OHC.15 The requested funding is $29

million above the $18 million provided for FY2008. The number of FTEs would increase by 33

over the 53 authorized for FY2008. An appropriation is not requested for the new human

resources management system (MAX-HR) that was authorized in P.L. 107-296.16 The FY2009

request was $47 million; these figures are included in Table 7.

Table 7 below shows the funding and staff for the OCHCO and the OHC as enacted in FY2008,

as requested for FY2009, and as recommended by the House- reported H.R. 6947 and the Senatereported S. 3181, and as provided in P.L. 110-329.

13

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

Salaries and benefits ($11.1 million) and other services ($28 million) account for some 81% of the total of $48.1

million. Other services include contractual services with non-federal sources.

15

FY2009 DHS Justifications, Departmental Management and Operations, Undersecretary for Management, Office of

the Chief Human Capital Officer, p. USM-7.

16

Title VIII, Subtitle E, Section 841 of P.L. 107-296, enacted on November 25, 2002 (116 Stat. 2135, at 2229-2234),

established a new human resources management system for DHS. DHS and the Office of Personnel Management

(OPM) jointly published final regulations to implement the system in the Federal Register on February 1, 2005. (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, February 1, 2005, pp. 5271-5347.) The

regulations provided new policies on position classification, pay, performance management, adverse actions and

appeals, and labor-management relations for DHS employees. The system was expected to cover about 110,000 of the

department’s 180,000 employees and 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).) However, shortly after the regulations were issued, the National Treasury

Employees Union (“NTEU”) and several other labor organizations filed a lawsuit alleging that DHS and OPM

exceeded the authority granted to them under the Homeland Security Act. For an analysis of the court decisions on the

adverse actions and appeals and labor-management relations policies, see CRS Report RL33052, Homeland Security

and Labor-Management Relations: NTEU v. Chertoff, by (name redacted) and (name redacted). Section 511 of

H.R. 1684, the Department of Homeland Security Authorization Act for FY2008, as passed by the House of

Representatives, would have repealed the authority for the department’s new personnel system and rendered void any

regulations prescribed thereunder. The bill passed the House on a 296-126 (Roll No. 318) vote on May 9, 2007, but no

further action has occurred. See, Chris Strohm, “Homeland Security Authorization Bill Falls by the Wayside,”

Government Executive, September 24, 2008, available at http://www.govexec.com. P.L. 110-329, enacted on

September 30, 2008, prohibits the use of appropriated funds to implement the new personnel system and its

development was halted by DHS effective on October 1, 2008, as discussed later in this section.

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Homeland Security Department: FY2009 Appropriations

Table 7.Office of the Chief Human Capital Officer and Office of Human Capital

Appropriations

(budget authority in millions of dollars)

FY2008

Enacted

Account

Housereported

H.R. 6947

FY2009

Request

Senatereported

S. 3181

P.L. 110329

Salaries and Expenses CHCO

$9

$32

$29

$30

$29

Max-HR System

0

0

0

0

0

Human Resources—Operational

Initiatives and HR Management

Systems

$10a

$15

$10

$10

$10

Total

$19

$47

$39

$40

$39

Staffing (full time equivalent, FTE,

positions)

53

86

not specified

79

not

specified

Sources: P.L. 110-161, December 26, 2007; H.Rept. 110-862, pp. 185-186; S.Rept. 110-396, p. 151; and

Congressional Record version of the DHS explanatory statement, p. H9813.

Note: Tables may not add due to rounding.

a.

According to the explanatory statement accompanying the consolidated appropriations act, DHS is directed

to ensure that this appropriation is used for “programs that directly address the shortcomings identified in

[the 2006 Federal Human Capital Survey] or in a subsequent DHS survey that the Department plans to

conduct.” These programs could include the “planned DHS survey, gap analysis of mission critical

occupations, hiring and retention strategies, robust diversity programs, and Department-wide education

and training initiatives.” The Secretary must submit a plan for expending the funds prior to their obligation.

(Congressional Record, daily edition, vol. 153, December 17, 2007, p. H16079.)

President’s Request

The justification that accompanied the DHS budget request for FY2009 stated that the increased

funding would be used for continued support of the learning and development strategy to train the

department’s workforce through the Preparedness Center, the Leadership Institute, the Homeland

Security Academy, and the Center for Academic and Interagency Outreach. The requested

appropriation also would be used to fund the continued modernization of the human resources

systems, including eRecruitment and ePerformance, “to implement a prototype pay for

performance plan for a limited number of DHS employees,” and to invest in diversity and

recruitment and retention programs.17

Under the leadership of the OHC, the department will “monitor and evaluate the implementation

of the performance management system.” Initiatives related to the diversity of the DHS

workforce will include finalizing and implementing the diversity strategy; outreach to colleges,

universities, organizations, and professional associations; training on diversity; increased

diversity among the department’s executives; and improved outreach to veterans.18

17

DHS Justifications, Undersecretary for Management, pp. USM-4-USM-5.

DHS Justifications, Departmental Management and Operations, Undersecretary for Management, Office of the Chief

Human Capital Officer, p. USM-7.

18

Congressional Research Service

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Homeland Security Department: FY2009 Appropriations

The OHC will conduct an internal survey of DHS employees, analyze the results, and develop a

plan to address any concerns. It will determine current and future staffing needs for mission

critical occupations, analyze employee turnover and attrition using methods such as exit

interviews and surveys, and link the results of that analysis to training and strategies for

recruitment and retention. 19 With regard to fostering better results on the FHCS, the office will

focus on developing and monitoring policies and programs that will improve the work

environment and perceptions of employees. According to its Annual Performance Report for

Fiscal Years 2007-2009, DHS has established a target of achieving a 50% favorable response rate

on the FHCS.20

In FY2009, the OHC will convert 23 contractor positions to federal positions to provide the office

with a workforce that is stable and cost effective and “to perform ongoing initiatives and provide

depth” in issue areas. Furthermore, according to DHS, the conversions will enable the OHC “to

broaden and sustain its diversity, veteran outreach, recruiting and retention, employee morale,

service delivery,” and management of human resources lines of business. A challenge that will

face the department in FY2009 is the transition to a new Administration.21 In a February 7, 2008,

letter to DHS Secretary Michael Chertoff, Representative Bennie G. Thompson, chairman of the

House Committee on Homeland Security, requested that the Secretary “issue a policy directive to

prohibit the ‘burrowing in’ of political appointees into non-political career positions within the

Department” within 60 days. Representative Thompson stated that he was “sure that [the

Secretary] would agree that it would be inappropriate to fill career non-political executive level

positions with political appointees absent an open and fully competitive process.”22 CRS research

has not located a publicly available record of any such directive issued by the Secretary.

The OHC will use the savings that accrue from conversion of the contractor positions to fund

services such as responding to the FHCS, conducting a survey of employee morale, and

responding to its findings. Its contracts will focus “on short term projects to meet surge

requirements, one-time infrastructure costs, and areas where expertise is not easily obtained ... or

would be more cost effective if provided by contractors.”23

House-reported H.R. 6947

The House report (H.Rept. 110-862) stated that the funding recommended by the House

Committee on Appropriations is $8 million below the President’s request and $20 million above

the FY2008 appropriation. The $10 million recommended for human resource activities is to be

used “to enhance employee morale and create a more satisfying work environment.” The

committee recommended that the request to transfer the law enforcement accreditation board

from the Federal Law Enforcement Training Center (FLETC) to the OCHCO be denied, that $2.5

million be provided for new learning initiatives, and that the human resource information

technologies be funded at $17.1 million. With regard to the latter appropriation, the report stated

19

Ibid., p. USM-16.

20

U.S. Department of Homeland Security, Annual Performance Report Fiscal Years 2007-2009 (Washington: DHS,

[February 4, 2008]), p. 82.

21

DHS Justifications, Departmental Management and Operations, Undersecretary for Management, Office of the Chief

Human Capital Officer, pp. 7-8.

22

Letter from Representative Bennie G. Thompson to the Honorable Michael Chertoff, February 7, 2008.

23

DHS Justifications, Departmental Management and Operations, Undersecretary for Management, Office of the Chief

Human Capital Officer, pp. 7-8.

Congressional Research Service

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Homeland Security Department: FY2009 Appropriations

that the committee “is troubled that the request to fund this” account under the CHCO instead of

under the Chief Information Officer (CIO) “was not clearly detailed in the budget request,” and,

for the future

directs that all proposals to move programs and funding from one office to another be clearly

outlined in congressional budget justifications and include: the preceding year funding level;

a detailed description of the work; a rationale for the movement; and a detailed breakdown of

the budget request.24

Expressing concern about delays in the department’s hiring process, administered by the

OCHCO, the report directed the OCHCO to report to the House and Senate Committees on

Appropriations, on a monthly basis on

vacancies requested, by [the] office, that have not been processed; vacancies announced, by

[the] office; and the amount of time after a vacancy has closed before a selection list is sent

back to the requesting entity.25

Senate-reported S. 3181

According to the Senate report (S.Rept. 110-396), the funding recommended by the Senate

Committee on Appropriations was $6.3 million below the President’s request and $21.7 million

above the FY2008 appropriation. Within the OCHCO’s salaries and expenses account, funding of

$18.8 million was recommended to maintain current services, including a transfer of $17.1

million from the CIO to the OCHCO for human resources information technology. An additional

appropriation of $5.5 million, and three FTEs, were recommended for implementation of the

learning and development strategy. The $10 million recommended for human resources is to “be

spent on programs that directly address the shortcomings identified in [the 2006 Federal Human

Capital Survey and the 2007 internal DHS employee survey] or in subsequent surveys.” The

programs could include “gap analysis of mission critical occupations, hiring and retention

strategies, robust diversity programs, and Department-wide learning and development programs.”

Like the House committee, the Senate committee denied the President’s request that $1.3 million

and seven FTEs be transferred from the FLETC to the OCHCO for the law enforcement

accreditation board.

P.L. 110-329

The law provided funding at the level recommended in the House-reported bill. The

Congressional Record version of the DHS explanatory statement noted that the “Funding has

been reduced due to high unobligated balances” in the OCHCO. The statement also directed the

OCHCO to “provide monthly reports on the amount of time it takes to fill vacancies within

DHS,” as the House report specified.26

The law included the following general provisions related to DHS personnel:

24

H.Rept. 110-862, p. 19.

Ibid.

26

Congressional Record, daily edition, vol. 154, September 24, 2008, p. H9793.

25

Congressional Research Service

19

Homeland Security Department: FY2009 Appropriations

•

Section 519 requires the Chief Financial Officer at DHS to submit a monthly

budget and staffing report to the House and Senate Committees on

Appropriations. The report must be submitted within 45 days after the close of

each month and include information on total obligations, on-board versus funded

full-time equivalent staffing levels, and the number of contract employees by

office.

•

Section 522 prohibits the obligation of funds “for the development, testing,

deployment, or operation of any portion of a human resources management

system authorized by 5 U.S.C. 9701(a), or by regulations prescribed pursuant to

such section.” Collaboration is required between the DHS Secretary and

employee representatives in the manner prescribed in 5 U.S.C. 9701(e), on

“planning, testing, and development of any portion of a human resources

management system ... for persons excluded from the definition of ‘employee.’”

•

Section 534 prohibits the use of funds appropriated to the Office of the Secretary

and Executive Management for any new hires by DHS that are not verified

through the basic pilot program to confirm employment eligibility that is codified

at 8 U.S.C. §1324a note.

In the wake of the Section 522 provision, the OCHCO at DHS reportedly issued a memorandum

to department employees on October 1, 2008, announcing that development of the human

resources management system authorized at Title VIII, Subtitle E of P.L. 107-296 would be

halted.27 The OCHCO reportedly wrote to employees “that no current salary adjustments or bonus

decisions will be affected.”28

Analysis and Operations29

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,

including 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;

27

Brittany R. Ballenstedt, “Homeland Security Scraps Plan for Personnel System,” Government Executive, October 2,

2008, available at http://www.govexec.com.

28

Mary Mosquera, “DHS Drops Potential Pay-for-Performance Plans,” Federal Computer Week, October 3, 2008,

available at http://www.fcw.com.

29

Prepared by (name redacted), Analyst in Domestic Security, Domestic Social Policy Division.

Congressional Research Service

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Homeland Security Department: FY2009 Appropriations

•

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. 30

Secretary Chertoff’s Second Stage Review of the Department made numerous changes in the

DHS intelligence structure. For example, the erstwhile IAIP disbanded, and the Office of

Information Analysis was renamed the Office of Intelligence and Analysis and became a stand

alone entity. The Office of Infrastructure Protection was placed within the Directorate for

Preparedness. The Assistant Secretary for Intelligence Analysis was also provided the title of the

Department’s Chief Intelligence Officer. 31 Pursuant to the Implementing Recommendations of the

9/11 Commission Act of 2007 (P.L. 110-53, signed August 3, 2007), a number of amendments to

the Homeland Security Act of 2002 (codified at 6 U.S.C. 201) related to homeland security

intelligence were made. Among these changes, the law provided statutory standing to the Office

of Intelligence and Analysis and the Office of Infrastructure Protection. The Office of Intelligence

and Analysis is to be headed by an Under Secretary for Intelligence and Analysis, who will also

serve as the Department’s Chief Intelligence Officer. 32

President’s FY2009 Request

The FY2009 request for the Analysis and Operations (AOO) account was $334 million, an

increase of $28 million (+9%) over the enacted FY2008 amount. It should be noted that funds

included in this account support both the Office of Intelligence and Analysis (OIA) and the Office

of Operations Coordination. The Office of Intelligence and Analysis, the successor to the “IA”

element of the erstwhile IAIP, has as its primary responsibility the integration and analysis of

information from DHS, state and local stakeholders, and the intelligence community into finished

intelligence products such as threat assessments and other indications and warning documents. As

a member of the Intelligence Community, the Office of Intelligence and Analysis’s budget is

classified. The Office of Operations Coordination formally houses the National Operations Center

which, among other functions, disseminates OIA assessed threat information, provides domestic

situational awareness, and performs incident management on behalf of the Department.

House-reported H.R. 6947

House-reported H.R. 6947 included $324 million for AOO, amounting to a nearly $10 million

decrease compared to the amount requested for FY2009, and $18 million more than the FY2008

enacted level of $306 million. The House report included language reflecting the Committee’s

30

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, February

2004, p. 26.

31

See DHS Management Directive 8110, Intelligence Integration and Management, January 30, 2006.

32

See P.L. 110-53, Title V, “Improving intelligence and information sharing within the federal government, and with

State, local and tribal governments,” Subtitle D, “Homeland security intelligence offices reorganization.”

Congressional Research Service

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Homeland Security Department: FY2009 Appropriations

continued concern over the National Applications Office and the National Immigration

Information Sharing Office (NIISO). The FY2008 DHS Appropriations Act (Division E, P.L. 110161) required the Secretary to submit and the Government Accountability Office (GAO) to

review a certification that the National Applications Office (NAO) and the NIISO comply with all

existing laws, including applicable privacy and civil liberties standards. The Department was

prohibited from using any related funds from the FY2008 Act until GAO completed its review.

The House Committee notes in its report that the Department’s NAO submission was incomplete,

and that no information was submitted regarding the NIISO. The Committee therefore includes in

the FY2009 bill statutory prohibitions on the operations of the NAO and the NIISO until the

certification has been reviewed by GAO.

Senate-reported S. 3181

Senate-reported S. 3181 included $318 million, a decrease of $16 million (-5%) for the AOO

account as compared with the President’s request. The Committee, in S.Rept. 110-396, directed

the Secretary to submit a detailed expenditure plan for FY2009 within 60 days after enactment of

the FY2009 DHS Appropriations Act. Reflecting the Committee’s concern with the I&A’s

reliance on contract staff versus federal full-time equivalents, the reporting requirements were

geared to provide the Committee with staffing and expenditure data regarding all of I&A’s

programs. S.Rept. 110-396 also included language requiring the DHS Chief Intelligence Officer

to continue to provide the Appropriations Committees quarterly updates on the Department’s

progress towards placing DHS intelligence professionals in state and local fusion centers.

P.L. 110-329

P.L. 110-329 included $327 million for AOO for FY2009, a decrease of $7 million (-2%) for the

AOO account as compared with the President’s request, and increase of $30 million or 10% as

compared to the FY2008 enacted amount. The Congressional Record version of the DHS

Explanatory Statement, required the Secretary to submit a FY2009 expenditure plan for the

Office of Intelligence and Analysis that includes balances carried forward from prior years. In

addition, the DHS Explanatory Statement required the Department’s Chief Intelligence Officer to

continue to provide quarterly updates to the Committees detailing the progress in placing DHS

intelligence professionals in state and local fusion centers.

Title II: Security Enforcement and Investigations

Title II contains the appropriations for 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 8 shows the

FY2008 enacted and FY2009 appropriation action for Title II.

Congressional Research Service

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Homeland Security Department: FY2009 Appropriations

Table 8.Title II: Security, Enforcement, and Investigations

(budget authority in millions of dollars)

FY2008 Appropriation

FY2009 Appropriation

FY2008

Total

FY2009

Request

FY2009

HouseReported

FY2009

SenateReported

P.L.

110-329

P.L. 1115 Emerg.

Funding

Total

FY2009

6,803

6,803

7,309

7,534

7,523b

7,603

160

7,763

Automation modernization

477

477

511

511

511

511

511

Air and Marine Operations

570

570

528

510

528

528

528

1,225

1,225

775

775

775

775

100

875

Construction

348

348

364

364

403

403

420

823

Fee accountsc

1,385d

1,385d

1,448

1,448

1,448

1,448

10,808

10,808

10,935

11,142

11,189

11,268

-1,385

-1,385

-1,448

-1,448

-1,448

-1,448

9,423

9,423

9,487

9,694

9,741

9,821

Operational Component

FY2008

Enacteda

FY2008

Supp.

FY2008

Resc.

Customs & Border Protection

Salaries and expenses

Border Security Fencing,

Infrastructure, and Technology

Gross total

Offsetting collections

Net total

1,448

680

-1,448

680

Immigration & Customs Enforcement

Salaries and expenses

11,948

10,501

0

4,688

4,688

4,691

4,746

4,932

4,927

4,927

Federal Protective Services (FPS)

613

613

616

616

640

640

640

Automation & infrastructure

modernization

31

31

57

57

57

57

Construction

17

17

Fee accountse

234

234

299

299

5,581

5,581

5,663

Offsetting FPS fees

-613

-613

Offsetting collections

-234

4,735

Gross total

Net total

CRS-23

10

20

77

5

5

299

299

299

5,728

5,928

5,928

-616

-616

-640

-640

-640

-234

-299

-299

-299

-299

-299

4,735

4,748

4,813

4,989

4,989

20

20

5,948

5,009

Homeland Security Department: FY2009 Appropriations

FY2009 Appropriation

FY2008 Appropriation

Operational Component

FY2008

Enacteda

FY2008

Supp.

FY2008

Resc.

FY2008

Total

FY2009

Request

FY2009

HouseReported

FY2009

SenateReported

P.L.

110-329

P.L. 1115 Emerg.

Funding

Transportation Security Administration

Total

FY2009

0

Aviation security (gross funding)

4,809

4,809

5,290

4,743

4,672

4,755

Surface Transportation Security

47

47

37

50

64

50

50

Transportation Threat Assessment

and Credentialing

83

83

133

109

120

116

116

Credentialing Feesf

83

83

40

40

40

40

40

Transportation Security Support

524

524

926

950

950

948

948

Federal Air Marshals

770

770

821

799

819

819

Aviation security capital fundg

250

250

250

250

250

250

Checkpoint screening security fund

250

250

Rescission

—

Gross total

676

1,000

5,755

-7

6,814

6,814

7,102

6,964

6,887

6,977

-2,210

-2,210

-2,320

-2,320

-2,320

-2,320

-2,320

Credentialing/Fee accounts

-83

-83

-40

-40

-40

-40

-40

Aviation security capital fund

(mandatory spending)

-250

-250

-676

-250

-250

-250

-250

Checkpoint screening security fund

-250

-250

4,022

4,022

4,065

4,354

4,277

4,367

6,001

6,001

6,213

6,202

6,280

6,195

6,195

Environmental compliance &

restoration

13

13

12

13

12

13

13

Reserve training

127

127

131

131

131

131

131

Acquisition, construction, &

improvements

993h

1,293h

1,205

1339i

1,267

1,495

98

1,593

16

—

12

16

16

142

158

Offsetting collections

Net total

1,000

1,000

7,977

5,367

U.S. Coast Guard

Operating expenses

Alteration of bridges

CRS-24

16

300

Homeland Security Department: FY2009 Appropriations

FY2009 Appropriation

FY2008 Appropriation

Operational Component

Research, development, tests, &

evaluation

Retired pay (mandatory,

entitlement)

Health care fund contribution

Gross total

P.L. 1115 Emerg.

Funding

FY2008

Total

FY2009

Request

FY2009

HouseReported

FY2009

SenateReported

P.L.

110-329

25

25

16

16

16

18

18

1,185

1,185

1,237

1,237

1,237

1,237

1,237

272

272

257

257

257

257

257

8,932

9,071

9,206

9,216

9,361

FY2008

Enacteda

FY2008

Supp.

8,632

300

FY2008

Resc.

240

Total

FY2009

9,601

U.S. Secret Service

0

Salaries and expenses

1,382

1,382

1,411

1,367

1,414

1,409

Investigations and field operations

—

—

—

—

—

—

Acquisition, construction,

improvements, and related

expenses

4

4

4

4

4

4

4

Gross total

1,385

1,385

1,414

1,371

1,418

1,413

1,413

Gross Budget Authority: Title II

33,220

33,520

34,185

34,411

34,637

34,948

Offsetting collections:

-5,025

-5,025

-5,399

-4,973

-4,997

-4,997

Net Budget Authority: Title II

28,195

28,495

28,786

29,438

29,641

29,951

300

300

1,409

1,940

36,888

-4,997

1940

31,891

Source: CRS Analysis of the FY2009 DHS Congressional Budget Justifications, the FY2009 DHS Budget in Brief, S. 3181 and the accompanying report S.Rept. 110-396, and

House-reported H.R. 6947 and its accompanying report (H.Rept. 110-862). FY2009 enacted from the DHS Joint Explanatory Statement as submitted in the Congressional

Record, and in the House- and Senate- enrolled version of H.R. 2638.

Notes: Tables may not add due to rounding.

a.

Column “FY2008 Enacted” includes emergency funding for DHS enacted by Division E of P.L. 110-161.

b.

Includes $13 million rescission of unobligated balances.

c.

Fees include COBRA, Land Border, Immigration Inspection, Immigration Enforcement, and Puerto Rico.

d.

The President’s FY2009 Budget Request includes a re-estimate of the FY2008 fees.

e.

Fees include Exam, Student Exchange and Visitor Fee, Breached Bond, Immigration User, and Land Border.

f.

Fees include TWIC, HAZMAT, Registered Traveler, and Alien Flight School Checks.

CRS-25

Homeland Security Department: FY2009 Appropriations

g.

Aviation Security Capital Fund, used for installation of Explosive Detection Systems at airports.

h.

FY2008 request and House-passed H.R. 2638 included a proposed rescission of $49 million. Senate-passed H.R. 2638 included a proposed rescission of $57 million of

funds previously appropriated by P.L. 109-90 and P.L. 109-295. Division E of P.L. 110-161 includes a rescission of $133 million in funds previously appropriated by P.L.

108-334, P.L. 109-90, and P.L. 109-295.

i.

The House-reported bill includes a rescission of $20 million in previously appropriated funding for UAVs.

CRS-26

Homeland Security Department: FY2009 Appropriations

Customs and Border Protection (CBP)33

CBP is responsible for security at and between ports-of-entry along the border. Since September

11, 2001, 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 U.S. Border Patrol (USBP). See Table 8 for accountlevel detail for all of the agencies in Title II, and Table 9 for sub-account-level detail for CBP

Salaries and Expenses (S&E) for FY2008 and FY2009.

President’s FY2009 Request

The Administration requested an appropriation of $10,935 million in gross budget authority for

CBP for FY2009, amounting to a $127 million (or 1%) increase over the enacted FY2008 level of

$10,808 million. The Administration requested $9,487 million in net budget authority for CBP in

FY2009, which amounts to a $64 million increase over the net FY2008 appropriation of $9,423

million.

House-reported H.R. 6947

House-reported H.R. 6947 would have provided $11,142 million in gross budget authority for

CBP for FY2009, amounting to $207 million (or 2%) more than was requested by the

Administration, and a $334 million or 3% increase over the enacted FY2008 level of $10,808

million. House-reported H.R. 6947 included $9,694 million in net budget authority for CBP for

FY2009, amounting to a $207 million increase over the Administration’s request, and a $271

million increase over the FY2008 enacted level of $9,423 million.

Senate-reported S. 3181

Senate-reported S. 3181 would have provided $11,189 million in gross budget authority for CBP

for FY2009, amounting to $254 million (or 2%) more than was requested by the Administration,

and a $381 million or 4% increase over the enacted FY2008 level of $10,808 million. Senatereported S. 3181 included $9,741 million in net budget authority for CBP for FY2009, amounting

to a $254 million increase over the Administration’s request, and a $318 million increase over the

FY2008 enacted level of $9,423 million.

33

Prepared by (name redacted) and (name redacted), Analysts in Domestic Security, Domestic Social Policy Division.

Congressional Research Service

27

Homeland Security Department: FY2009 Appropriations

P.L. 110-329

The Act provided $11,268 million in gross budget authority for CBP for FY2009, $333 million

(or 3%) increase over the Administration’s request, and a $460 million (or 4%) increase over the

enacted FY2008 level of $10,808 million. The enacted net appropriation for CBP was $9,821

million, $334 million above the Administration’s request and $398 million over the FY2008

enacted level.

P.L. 111-5

The American Recovery and Reinvestment Act of 2009 provided an emergency supplemental

appropriation of $680 million for CBP during FY2009. The funding for CBP included $160

million for salaries and expenses, of which $100 million was designated for the procurement and

deployment of non-intrusive inspection technology and $60 million was designated for the

procurement and deployment of tactical communications equipment and radios. The Act included

$100 million for the deployment of SBInet technology to the border, and $420 million for the

construction and modification of ports of entry.

Table 9. CBP S&E Sub-account Detail

(budget authority in millions of dollars)

FY2009

HouseReported

FY2009

SenateReported

FY2008

Enacteda

FY2009

Request

Headquarters Management and

Administration

1,221

1,267

1,267

1,269

1,269

Border Security Inspections

and Trade Facilitation @ POE

2,279

2,273

2,496

2,480

2,561

Inspections, Trade & Travel

Facilitation @ POE

1,854

1,835

2,061

2,042

2,094

Container Security Initiative (CSI)/

International Cargo Screening (ICS)

156

149

149

149

149

Other International Programs

11

11

11

11

11

C-TPAT

62

64

64

64

64

FAST/NEXUS/SENTRI

11

11

11

11

11

Inspection and Detection

Technology

105

117

114

117

146

Systems for Targeting

28

33

33

33

33

National Targeting Center

24

24

24

24

24

Training at POE

25

25

25

25

25

Harbor Maintenance Fee

3

3

3

3

3

Border Security and Control

Between POE

3,075

3,515

3,517

3,515

3,501

Border Security and Control

Between POE

3,022

3,441

3,442

3,441

3,426

Training Between the POE

53

75

75

75

75

Activity

Congressional Research Service

P.L.

110-329

28

Homeland Security Department: FY2009 Appropriations

FY2009

HouseReported

FY2009

SenateReported

FY2008

Enacteda

FY2009

Request

227

254

254

272

272

Rescission

—

—

—

-13

—

CBP Salaries and Expenses

Total:

6,803

7,309

7,534

7,523

7,603b

Activity

Air and Marine Operations Salaries

P.L.

110-329

Source: CRS Analysis of the FY2009 DHS Congressional Budget Justifications, the FY2009 DHS Budget in Brief, S.

3181 and the accompanying report S.Rept. 110-396, and House-reported H.R. 6947 and its accompanying report

(H.Rept. 110-862). FY2009 enacted from the DHS Joint Explanatory Statement as submitted in the Congressional

Record, and in the House- and Senate- enrolled version of H.R. 2638.

Note: Tables may not add due to rounding.

a.

Column “FY2008 Enacted” includes emergency funding for DHS enacted by Division E of P.L. 110-161.

b.

This total does not include $160 million in emergency funding appropriated by P.L. 111-5.

Issues for Congress

Issues that Congress considered during the FY2009 appropriations cycle included funding for and

deployment of the border fence and the Secure Border Initiative (SBI); Border Patrol hiring and

staffing levels; the Western Hemisphere Travel Initiative (WHTI); the designation of CBP

Officers as law enforcement officers for retirement purposes; and the declining request for

appropriations for some cargo security initiatives.

Fencing, Infrastructure, and Technology

The Administration requested $775 million for the deployment of SBInet34 related technologies

and infrastructures in FY2009, a decrease of $450 million over the FY2008 enacted level of

$1,225 million (this total included an emergency appropriation of $1,053 million, however this

may be somewhat misleading because the FY2008 request for the account was $1,000 million).

Within the FY2009 request, the Administration is proposing to allocate $275 million for

developing and deploying additional technology and infrastructure solutions to the southwest

border. An additional $410 million is requested for operations and maintenance of the cameras,

sensors, and fencing that will have been constructed by the end of calendar year 2008 with prioryear funding.35 The Administration notes that this will fund the costs associated with operating

and maintaining the technologies that have been deployed to the border as part of the SBInet

program as well as 370 miles of fencing and 300 miles of vehicle barriers, which are scheduled to

be completed by the end of calendar year 2008 with funding appropriated in FY2007 and

FY2008. Recent GAO testimony noted that CBP’s goal for fencing and vehicle barrier

deployment in 2008 “will be challenging because of factors that include difficulties acquiring

34

SBInet is the technological and infrastructure component of the Secure Border Initiative (SBI), a multifaceted

approach to securing the border. In its FY2007 budget submission, DHS asserted that it had “developed a three-pillar

approach under the SBI that will focus on controlling the border, building a robust interior enforcement program, and

establishing a Temporary Worker Program.” DHS FY2007 Justification, p. CBP S&E 4.

35

DHS FY2009 Justification, p. CBP BSFIT 11.

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Homeland Security Department: FY2009 Appropriations

rights to border land and an inability to estimate costs for installation.”36 GAO also noted that the

Border Patrol was not consulted early enough in the process of developing the technology

solutions that would be used by SBInet, and that this fact combined with some challenges relating

to the integration of the technologies deployed by Boeing led to an eight month delay in the initial

pilot program’s deployment in Tucson Sector.37 Oversight of the SBInet program’s continuing

deployment of technology, fencing, and infrastructure at the border, including whether DHS is on

track to meet its goals for fencing and vehicle barriers at the border, will likely be an issue of

concern to Congress as it considers the FY2009 request.

The Senate Committee recommended fully funding the President’s request, and noted that close

oversight of the program was required due to its importance. The House Committee

recommended fully funding the President’s request, but noted its concern that the rapid growth in

border technology “may lead to systems and structures that are expensive, fail to perform as

promised, and do not result in a more secure border.”38 The House Committee noted that only

1.7% of funding for fencing, infrastructure, and technology had been expended on the northern

border and included $40 million in its FY2009 appropriation for this purpose. The House

Committee also directed that $30 million be spent on a border interoperability demonstration

project to better integrate border security efforts between federal, state, local, and tribal

authorities, and that $50 million be spent on regulatory and environmental assessments to

mitigate the environmental damage associated with infrastructure construction. Lastly, the House

Committee noted that it was disappointed with the FY2008 expenditure plan for this account, and

directs CBP to fully comply with its requirements for the FY2009 expenditure plan.

P.L. 110-329 fully funded the President’s request, but withheld $400 million from obligation until

an expenditure plan is submitted and approved by the House and Senate Committees on

Appropriations. This spending plan should include 12 specific components, among them: a

detailed accounting of the program’s implementation to date; a description of how the

expenditure plan allocates funding to the highest priority border security needs, addresses

northern border security needs, and works towards obtaining operational control of the entire

border; certifications by the Chief Procurement Officer and the Chief Information Officer at

DHS; an analysis, for each 15 miles of fencing or tactical infrastructure, of how the selected

approach compares to other alternative means of achieving operational control; and a review by

the Government Accountability Office. 39 P.L. 111-5 provided an emergency supplemental

appropriation of $100 million to expedite the development and deployment of SBInet

technologies at the border and required DHS to submit an expenditure plan for this funding to

Congress within 45 days of enactment.

36

Testimony of GAO Director of Homeland Security and Justice Issues Richard Stana, in U.S. Congress, Committee

on Appropriations, Subcommittee on Homeland Security, DHS Has Taken Actions to Strengthen Border Security

Programs and Operations, But Challenges Remain, 110th Cong., 2nd Sess., March 6, 2009. Hereafter referred to as

GAO Border Security Testimony.

37

GAO Border Security Testimony.

38

House report, pp. 42-43.

39

H.R. 2638, as Enrolled by the House and the Senate, pp. 83-84.

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Homeland Security Department: FY2009 Appropriations

Hiring U.S. Border Patrol (USBP) Agents

The Administration requested an increase of $363 million to hire 2,200 new USBP agents in order

to bring the total number of agents to 20,019 by the end of FY2009.40 CBP is also proposing to

transfer “up to” 440 veteran agents to the northern border in FY2009; this is the first time that

DHS’ budget request has complied with the P.L. 108-458 mandate requiring DHS to augment the

northern border staffing by 20% of any annual increases each year between FY2006 and FY2010.

An issue for Congress may involve whether incentives should be offered to help DHS recruit

additional agents or keep existing agents from leaving the agency; in FY2007 the USBP

experienced a 10% attrition rate.41 The Senate Appropriations Committee recommended fully

funding the President’s request. Additionally, the Senate Committee reiterated its desire that 20%

of the overall increase in Border Patrol agents be assigned to the northern border and required a

report on the challenges CBP faces in transferring agents to the northern border within 60 days of

the bill’s enactment. Lastly, the Senate Committee noted that the National Guard was

withdrawing its troops from their supporting role at the border in FY2008 and directed CBP, “in

the strongest terms possible,” to hire the previously funded USBP support personnel in order to

allow agents to focus on their border enforcement responsibilities. 42 The House Committee

recommended fully funding the President’s request and reiterated its support for transferring

additional agents to the northern border in order to comply with the statutory requirements. P.L.

110-329 fully funded the President’s request for additional Border Patrol agents and provided

funding for up to 75 agents to be transferred to the northern border.

Western Hemisphere Travel Initiative (WHTI)

The Administration requested an increase of $107 million for WHTI. WHTI will require U.S.

citizens, and Canadian, Mexican, and some island nation nationals to present a passport, or some

other document or combination of documents deemed sufficient to denote identity and citizenship

status by the Secretary of Homeland Security, as per P.L. 108-458 §7209. DHS has already

required all U.S. citizens entering the country at air and sea POE to present passports as of

January 18, 2007. P.L. 110-161, the Consolidated Appropriations Act, 2008, prohibited DHS from

implementing WHTI, which requires U.S. citizens to provide proof of identity and citizenship at

the land border, before the later of the following two dates: June 1, 2009, or three months after

the Secretaries of State and Homeland Security certify that a series of implementation

requirements have been me. Despite this legislation, as of January 31, 2008 DHS has ended the

practice of accepting oral declarations of citizenship at the land border and is requirng U.S,

citizens to present a passport, some other accepted biometric document, or the combination of a

driver’s license and a birth certificate, in order to re-enter the country.43 The FY2009 request for

WHTI included funding to hire 89 CBP officers and to deploy radio frequency technologies to the

39 busiest land POE which cover 95% of the incoming traffic at the land border, including

“facility modifications and the build out of primary lanes as operationally necessary.”44 Issues for

Congress include whether DHS’s disregard of the extension enacted by P.L. 110-161 was

40

DHS FY2008 Justification, p. CBP S&E 49.

From CBP Congressional Affairs, December 18, 2007.

42

S.Rept. 110-396, pp. 25-26.

41

43

Department of Homeland Security, Press Release, DHS Ends Oral Declarations at Borders, Reminds Travelers of

New Procedures on January 31, January 18, 2008.

44

DHS FY2009 Congressional Budget Justifications, p. CBP S&E 4.

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31

Homeland Security Department: FY2009 Appropriations

appropriate, whether the proposed staffing increases and infrastructure modifications are adequate

to meet the needs associated with the WHTI program, and whether the program to develop

enhanced state driver’s licenses that may be used to cross the land-border adequately addresses

security concerns.45

The Senate Committee fully funded the President’s request and directed CBP to provide quarterly

briefings on the status of WHTI implementation in FY2009. The House Committee also fully

funded the President’s request and noted that it remains concerned that the program “may not be

fully integrated and ready for enforcement of the WHTI document requirements.”46 The House

Committee also directed CBP to provide quarterly briefings on the program’s implementation.

Other Travel Programs

The House Committee voiced its support for the new International Registered Traveler program

enacted by the FY2008 Consolidated Appropriations Act, and which has been renamed Global

Entry by the Administration. The program will give pre-approved, low-risk travelers (U.S.

Citizens and Legal Permanent Residents) expedited clearance into the United States at three

airports.47 The Committee also included $10 million to expand this program to the 20 busiest

international airports. Additionally, the House Committee noted that it provided $36 million in

FY2008 for the Electronic System for Travel Authorization (ESTA), which will be used to screen

and process travelers from visa-waiver countries, and directed CBP to submit a report on ESTA’s

implementation with the FY2010 budget request.

Covered Law Enforcement Officer Status for CBP Officers

Congress addressed concerns that CBP was losing valuable officers to other agencies due to

disparities in retirement pay in FY2008 by extending federal law enforcement officer status to

CBP officers for retirement purposes in P.L. 110-161. The FY2009 President’s request would

have retracted the law enforcement officer status for CBP officers that was enacted in FY2008.

During the FY2009 appropriations cycle, the Senate Committee reiterated its strong support for

CBP officers’ new retirement status and included $200 million to fully fund the new law

enforcement officer retirement program for CBP officers. The House Committee recommended

$217 million for CBP officers’ new retirement status, also rejecting the Administration’s proposal

to repeal the new status. P.L. 110-329 provided CBP with an additional $200 million above the

President’s request to cover the costs associated with the new retirement status for CBP officers.

Secure Freight Initiative (SFI)

The Secure Freight Initiative (SFI) is the next stage in the Department’s effort to secure cargo

containers in-bound to the U.S. from foreign countries. According to DHS, SFI is now being

45

DHS entered into an agreement to with Washington State to develop driver’s licenses that would be considered

WHTI-compliant. These enhanced driver’s licenses (EDL) have been issued as of January 22, 2008 and several other

states have expressed interest in developing their own EDLs.

46

H.Rept. 110-862, p. 33.

47

John F. Kennedy International Airport, Washington-Dulles International Airport, and George Bush Intercontinental

Airport.

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Homeland Security Department: FY2009 Appropriations

characterized as a “three-pronged approach to enhance supply chain security.”48 The three prongs

of this approach are: the International Container Security project (ICS), the Security Filing (SF);

and the Global Trade Exchange (GTX). The ICS is the component of the strategy whereby all

U.S.-bound maritime containers are subject to an integrated scan (image and radiation detection)

at the participating overseas port before being loaded on the U.S.-bound vessel. ICS is currently

in operation at ports in the United Kingdom, Pakistan, and Honduras. According to DHS,

operating the ICS at these ports fulfills the requirements set out in P.L. 109-347, the Safe Port Act

of 2006. The SF initiative, also referred to as “10+2” by CBP, is the latest effort to collect

additional data pertaining to U.S.-bound maritime shipments. The SF initiative will allow CBP to

collect additional data earlier in the supply chain to enhance risk assessment capabilities before

cargo is loaded onto U.S.-bound vessels. CBP issued a Notice of Proposed Rulemaking (NPRM)

on the SF initiative49 and is in the process of developing the final rule.

The Global Trade Exchange (GTX) was being proposed as a “private sector owned and operated

... new business model for collecting and fusing disparate international cargo data, providing

governments and other parties with greater visibility into that data.”50 On April 4, 2008, CBP

Commissioner Basham announced in remarks given before the National Customs Brokers &

Forwarders Association of America that CBP has decided not to go forward with a contract award

for the GTX. The Commissioner did not rule out exploring similar concepts in the future. 51

Language in the House Appropriations committee report indicated that CBP has decided not to go

ahead with GTX while in the midst of implementing the 10+2 Security Filing initiative. The

House Report also noted that Committee remains concerned about the remaining gaps in CBP’s

information about in-bound cargo containers and their supply chains, and directs CBP to report to

the Committee no later than January 8, 2009 on the information and intelligence CBP collects on

these containers.52

CBP Congressional Budget Justification materials indicated that the $149 million request for ICS

in FY2009 includes an $11 million reduction for Secure Freight. 53 It is unclear from the budget

materials what this reduction represented, since one of the goals for the fiscal year was to expand

the program to at least one additional port and to add more capacity at other designated ports.

Both House-reported H.R. 6947 and Senate-reported S. 3181 would have funded ICS/CSI at the

requested level for FY2009. P.L. 110-329 fully funded the Administration’s request for ICS/CSI.

It is important to note that CBP is currently describing the Secure Freight Initiative (SFI) as the

next phase/iteration or future of the Container Security Initiative (CSI). CSI may also be referred

to as a component of the International Container Security (ICS) project. The ICS, as noted above,

is the new umbrella name for CBP’s international cargo security initiatives, which also includes

CSI and SFI.

48

DHS, FY2009 Congressional Budget Justifications, p. CBP-SE-26.

See, CBP, “Customs issues Proposed Rule Requiring Additional Cargo Information,” at http://www.cbp.gov/xp/

cgov/newsroom/news_releases/archives/2008_news_releases/jan_2008/01022008.xml.

50

Ibid. p. CBP-S&E-27.

51

Remarks by CBP Commissioner Ralph W. Basham before the National Customs Brokers and National Customs

Brokers & Forwarders Association of America, April 4, 2008.

52

H.Rept. 110-826, July 8, 2009.

53

DHS, FY2009 Congressional Budget Justification, CBP-S&E-24, accessed at http://www.dhs.gov/xlibrary/assets/

budget_fy2009.pdf.

49

Congressional Research Service

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Homeland Security Department: FY2009 Appropriations

Container Security Initiative (CSI)

CSI is a program by which CBP stations CBP officers in foreign ports to target high-risk

containers for inspection before they are loaded on U.S.-bound ships. CSI is operational in 58

ports as of September, 2007. As noted above, the CBP Budget Justifications indicate a requested

decrease of nearly $7 million for the CSI/ICS program for FY2009. This year, the requested $149

million for FY2009 includes funding for CSI/ICS, SFI, the Security Filing (SF), and the proposed

Global Trade Exchange(GTX). Given that the request includes less funding for several programs,

than has been appropriated for CSI alone in the past couple of years, this indicates a decline in

requested funding for CSI. An issue for Congress concerns the reasoning behind the

Administration’s proposal to apparently decrease funding for CSI given that DHS anticipated

expanding CSI/ICS in FY2009 by deploying ICS at one additional site and expanding capacity at

other designated ports.

Language in the House Appropriations committee report indicated that the Committee was

concerned about CBP staffing levels at CSI and SFI port locations. Among other items of

concern, the staffing of senior leadership positions and staff with appropriate language skills were

of particular interest to the Committee. The House Report required CBP to report to the

Committee no later than January 8, 2009, on the steps that CBP will have taken to improve

staffing and host country relations.

Immigration and Customs Enforcement (ICE)54

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 the General Services Administration. The Federal Air Marshals Service

(FAMS)55 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 in FY2005, and

therefore the totals for ICE do not include Air and Marine Interdiction funding, which is included

under CBP. See Table 8 for account-level detail for all of the agencies in Title II, and Table 10

for sub-account-level detail for ICE Salaries and Expenses (S&E) for FY2008 and FY2009.

President’s FY2009 Request

The Administration requested $5,663 million in gross budget authority for ICE in FY2009. This

represented a 1% increase over the enacted FY2008 level of $5,581 million. The Administration

requested an appropriation of $4,748 million in net budget authority for ICE in FY2009,

representing a small increase over the FY2008 enacted level (including Division E of P.L. 110161) of $4,735 million. Notably, Division E of P.L. 110-161 included an appropriation of $200

54

55

Prepared by (name redacted), Specialist in Immigration Legislation, Domestic Social Policy Division.

FAMS transferred to ICE from TSA in August of 2003.

Congressional Research Service

34

Homeland Security Department: FY2009 Appropriations

million for the comprehensive identification and removal of criminal aliens, which is not included

in the FY2009 budget request. Table 10 provides activity-level detail for the Salaries and

Expenses account. The request included the following program increases:

•

$46 million (39 FTE) for 725 additional detention beds and support personnel;56

•

$12 million (36 FTE) for investigations related to national security and critical

infrastructure;

•

$12 million for 287(g) agreements;

•

$12 million to co-locate ICE facilities (i.e., consolidating ICE offices in cities

where ICE occupies more than one location);

•

$7 million (19 FTE) for the Office of Professional Responsibility to investigate

allegations of criminal and serious misconduct involving ICE employees;

•

$6 million (20 FTE) for the Office of Cyber Crimes Center to increase

investigations of cyber crimes related to document fraud, child exploitation, and

money laundering;

•

$5 million (14 FTE) for additional positions in the Commercial Fraud,

Intellectual Property Rights, and Trade Transparency Units to combat crimes

such as trafficking in counterfeit merchandise and pharmaceuticals;

•

$3 million for new Visa Security Units in Istanbul, Turkey and Beirut, Lebanon;

•

$2 million (14 FTE) to consolidate and coordinate ICE training and oversight

activities; and

•

$1 million to increase outbound enforcement to prevent arms and strategic

technologies from leaving the United States.

House-reported H.R. 6947

House-reported H.R. 6947 would have appropriated $5,728 million in gross budget authority, $65

million more than the President’s request. House-reported H.R. 6947 would have appropriated

$4,813 in net budget authority for ICE, which would have represented an increase of $65 million,

1% over the Administration’s requested amount. Of the appropriated amount, nearly $8 million

would have been for special operations under §3131 of the Customs Enforcement Act of 1986; $1

million would have provided compensation awards to informants; $305,000 would have been

used to promote public awareness of the child pornography tipline and anti-child exploitation

activities; $11 million would have been designated to fund or reimburse other federal agencies for

the cost of care, and repatriation of smuggled aliens; $16 million would have been targeted for

enforcement of laws against forced child labor; and $800 million would have been designated to

identify aliens convicted of a crime and remove them from the United States. According to the

House report, the appropriated monies would have included the President’s budget requested

increases of $46 million to fund the for detention bed space and support personnel, and $12

million for investigations related to national security and critical infrastructure.

56

According to the President’s request, DHS would also fund 275 new beds through the breach bond fund.

Congressional Research Service

35

Homeland Security Department: FY2009 Appropriations

The House report noted that House-reported H.R. 6947 would have appropriated an additional $2

million for Office of Professional Responsibility to oversee the comprehensive review of the

medical care provided to ICE detainees. In addition, according to the House report, Housereported H.R. 6947 would have appropriated over the President’s requested budget:

•

$12 million for criminal gang investigations;

•

approximately $1 for Office of the Principle Legal Advisor;57 and

•

$7 million for the Alternatives to Detention Program.

In addition, an amendment was adopted during the full Committee mark-up that would have

transferred an additional $6 million from Title I OE&SM account to the ICE salaries and

expenses account.

Senate-reported S. 3181

Senate-reported S. 3181 would have appropriated $5,928 million in gross budget authority for

ICE, $265 million more than the President’s request. Senate-reported S. 3181 would have

appropriated $4,989 in net budget authority for ICE, which would have represented an increase of

$241 million, 5% over the Administration’s requested amount. Of the appropriated amount,

$2,478 million would have been designated for detention and removal operations; $160 million

would have been allocated to identify and remove criminal aliens; nearly $8 million would have

been for special operations under §3131 of the Customs Enforcement Act of 1986; $1 million

would have provided compensation awards to informants; $305,000 would have been used to

promote public awareness of the child pornography tipline and anti-child exploitation activities;

$5 million would have been used to facilitate agreements under §287(g) of the INA; $11 million

would have been designated to fund or reimburse other federal agencies for the cost of care, and

repatriation of smuggled aliens; $16 million would have been targeted for enforcement of laws

against forced child labor; and nearly $7 million would have been used to fund the Visa Security

Program.

According to S.Rept. 110-396, Senate-reported S. 3181 would have fully funded the President’s

budget request for increases over the FY2008 appropriate amounts for: the ICE Office of Human

Capital ($1 million); the co-location of ICE facilities ($12 million); national security and critical

infrastructure investigations ($12 million); commercial fraud and intellectual property

investigations ($5 million); outbound enforcement investigations ($1 million); 287(g) agreements

($12 million); fugitive operations ($1 million); and the Criminal Alien Program ($2 million). In

addition, S.Rept. 110-396 recommended an increase over the President’s budget requested of:

•

$26 million for 400 additional detention beds and support personnel to support

increased worksite enforcement58 (total increase of $74 million);

•

$34 million (108 FTE) for worksite enforcement investigations;

57

Of this, more than half would be used to expand the prosecutions of human rights violators who have entered the

United States.

58

The total number of funded beds for FY2009 would be 33,400.

Congressional Research Service

36

Homeland Security Department: FY2009 Appropriations

•

$2 million for the Office of Professional Responsibility to investigate allegations

of criminal and serious misconduct involving ICE employees (total increase of

$9 million and 39 FTE from FY2008);

•

$5 million (3 FTE) for investigations of cyber crimes (total increase of $11

million (23 FTE) over FY2008);

•

$3 million (3 FTE) for the Visa Security Program (total increase of $7 million

and 6 FTE from FY2008);

•

$5 million (7 FTE) for Security Advisory Opinion Units;59

•

$5 million for textile transshipment enforcement;

•

$3 million (19 FTE) for Field Intelligence Groups;660

•

$4 million for Alternatives to Detention; and

•

$160 million for Secure Communities.

P.L. 110-329

P.L. 110-329 appropriated $5,928 million in gross budget authority for ICE, which was $265

million (5%) more than the President’s request. P.L. 110-329 appropriated $4,989 million in net

budget authority, 5% or $241 million more than the President’s request. The Act specified that the

appropriated amounts are to be used as follows: $1,000 million to identify and removal criminal

aliens;61 $22 million to expand a variety of investigative programs; $100 million for state and

local programs; $127 million for worksite enforcement investigations; $11 million for the

Forensics Document Laboratory; $34 for the Law Enforcement Support Center (LESC); $5

million for textile transshipment enforcement; $63 million for alternatives to detention; $57

million for Automatization Modernization; and $16 million for TECS modernization.62

P.L. 110-329 provided increases in appropriations over the President’s request for the following

programs:

•

$150 million for the identification and removal of criminal aliens;

•

$6 million for transnational gang enforcement;

•

$8 million for the visa security program;

•

$3 million for cyber crime investigations;

•

$34 million for worksite enforcement investigations;

59

These units are part of the Visa Security Program and co-locate ICE officers with Department of State personnel to

review visa applications.

60

Field Intelligence Groups are part of Office of Intelligence.

61

The Act required that $850 million of the money to locate and removal criminal aliens be allocated from existing ICE

programs.

62

Treasury Enforcement Communications System (TECS) was created as the accounting system for the former U.S.

Customs Service, and is the accounting system used by ICE and CBP. The former Immigration and Naturalization

Service used a system known as the Performance Analysis System (PAS). During 2004, ICE and CBP stopped using

PAS and switched all their accounting to TECS.

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Homeland Security Department: FY2009 Appropriations

•

$3 million for ICE field intelligence groups;

•

$2 for the Law Enforcement Support Center (LESC) to fund the conversion of

LESC employees from job category 1802 to job category 1801;

•

$7 million for alternatives to detention;

•

$1 million for ICE training consolidation and integration;

•

$7 million to co-locate ICE field facilities;

•

$0.5 million got the Office of the Principle Legal Advisor; and

•

$5 million for construction, which funds basic and emergency maintenance at

ICE-owned detention facilities.

P.L. 111-5

The American Recovery and Reinvestment Act of 2009 appropriated $20 million for the

procurement and deployment of tactical communications equipment and radios. According to the

conference report, ICE estimates this will create more than 120 new jobs related to the planning,

manufacture, programming, and installation of this equipment. In addition, the Act requires that

by April 3, 2009, the Secretary submit to the House and Senate Committees on Appropriations a

plan for expenditure of these funds.

Table 10. ICE S&E Sub-account Detail

(budget authority in millions of dollars)

Activity

FY2008

Enacteda

FY2009

HouseReported

FY2009

Request

FY2009

SenateReported

P.L.

110329

HQ & Administration

316

0

361

377

372

Legal Proceeding

208

241

215

214

215

Investigations - Domestic

1,422

1,679

1,191

1,514

1,519

Investigations - International

108

128

126

134

134

Investigations Total

1,530

1,807

1,317

1,648

1,653

52

62

53

56

56

DRO-Custody Operations

1,647

1,789

1,650

1,721

1,721

DRO-Fugitive Operations

219

238

—

226

226

DRO-Criminal Alien Program

179

204

—

189

189

DRO-Alternatives to Detention

54

58

63

60

63

DRO Transportation and Removal

Program

282

290

281

281

281

2,381

2,579

1,994

2,478

2,481

200

0

800b

160

150c

4,688

4,691

4,740d

4,932

4,927

Intelligence

DRO Total

Comprehensive Identification

and Removal of Criminal

Aliens

ICE Salaries and Expenses

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Homeland Security Department: FY2009 Appropriations

Sources: CRS Analysis of the FY2009 DHS Congressional Budget Justifications, the FY2009 DHS Budget in Brief, S.

3181 and the accompanying report S.Rept. 110-396, and House-reported H.R. 6947 and its accompanying report

(H.Rept. 110-862). FY2009 enacted from the DHS Joint Explanatory Statement as submitted in the Congressional

Record, and in the House- and Senate- enrolled version of H.R. 2638.

Note: Tables may not add due to rounding.

a.

Column “FY2008 Enacted” includes emergency funding for DHS enacted by Division E of P.L. 110-161.

b.

This amount includes funding for the Criminal Alien Program (CAP), Fugitive Operations, Office of

Investigations support to locate criminal aliens, and State and Local Programs including 287(g) agreements.

The House-reported bill did not include separate funding for CAP or Fugitive Operations.

c.

P.L. 110-329appropriated $1,000 million for the identification and removal of criminal aliens. Of those

funds, $150 million was additional funding not included in the President’s budget, and $850 million was

required to be allocated from existing ICE programs.

d.

Does not include $6 million transferred from Title I OS&EM account to ICE S&E by amendment during the

full Committee mark-up of the bill in the House.

Issues for Congress

ICE is responsible for many divergent activities due to the breadth of the civil and criminal

violations of law that fall under ICE’s jurisdiction. As a result, how ICE resources are allocated in

order to best achieve its mission is a continuous issue. In addition, part of ICE’s mission includes

locating and removing deportable aliens, which involves determining the appropriate amount of

detention space as well as which aliens should be detained. Additionally, in recent years there has

been debate concerning the extent to which state and local law enforcement should aid ICE with

the identification, detention, and removal of deportable aliens.

Office of Investigations/Immigration Functions

The Office of Investigations (OI) in ICE focuses on a broad array of criminal and civil violations

affecting national security such as illegal arms exports, financial crimes, commercial fraud,

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. 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 may be 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.63

The House report noted that the Committee has developed a new investigatory budget structure

for ICE in 2009 to provide transparency into the agency’s various law enforcement missions. P.L.

110-329 appropriated 1,653 total for OI for FY2009, $154 million less than the President’s budget

request of $1,807 million. Senate-reported S. 3181 would have appropriated $1,648 million for

OI, while the House report would have appropriated $1,317 million. 64

63

Based on CRS discussions with ICE personnel in New York City, August 27, 2003.

Although House-reported H.R. 6947 and Senate-reported S. 3181 would have appropriated less money than the

President’s budget request, it is not clear that the President’s budget actually requested more money. The President’s

(continued...)

64

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Homeland Security Department: FY2009 Appropriations

Detention and Removal Operations

Detention and Removal Operations (DRO) in ICE provide custody management of the aliens who

are in removal proceedings or who have been ordered removed from the United States.65 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% of those not detained, who were issued

final orders of removal, left the country. 66 Concerns have been raised that decisions regarding

which aliens to release and when to release them may be based on the amount of detention space,

not on the merits of individual cases, and that the amount of space may vary by area of the

country leading to inequities and disparate policies in different geographic areas. The Intelligence

Reform and Terrorism Prevention Act of 2004 (P.L. 108-458, §5204) authorized, subject to

appropriations, an increase in DRO bed space of 8,000 beds for each year, FY2006-FY2010. P.L.

110-329 appropriated $2,481 million for DRO, including funding 1,400 more detention beds and

support personnel than in FY2008, bring the total number of FY2009 detention beds to 33,400.

Although P.L. 110-329 appropriated less money than the President’s request of $2,579 for DRO,

P.L. 110-329 appropriated an additional $150 million to identify and removal criminal aliens

much of which will be used by DRO. The House-reported bill would have fully funded the

President’s request of $2,579 million for DRO including an additional $46 million for 725

detention beds and support personnel. 67 Senate-reported S. 3181 would have appropriated $2,478

for DRO, including funding for 400 more detention beds and support personnel, and $160 million

for Secure Communities (a program that identifies and removes incarcerated criminal aliens) than

the President’s budget request.

Furthermore, there have been concerns raised about the adequacy of medical care received by

aliens in detention.68 House-reported H.R. 6947 would have specified that no funds could be used

to continue any contract for detention services with a facility that receives two consecutive less

than adequate performance ratings, while S.Rept. 110-396 urged ICE to establish and improve the

system for responding to detainee complaints. As in the House report, P.L. 110-329 appropriated

an additional $2 million for the Office of Professional Responsibility to undertake an immediate

comprehensive review of the medical care provided to ICE detainees. The Act also directed ICE

to immediately implement the Government Accountability Office’s recommendation to improve

medical services.

(...continued)

budget requested no money for HQ and Administration, appearing to fold the funding into program activities.

Nonetheless, it is unlikely that there will be no funding for HQ and administration purposes.

65

For more information on detention issues see CRS Report RL32369, Immigration-Related Detention: Current

Legislative Issues, by (name redacted). Under the INA aliens can be removed for reasons of health, criminal status,

economic well-being, national security risks, and others that are specifically defined in the act.

66

Department of Justice, Office of the Inspector General, The Immigration and Naturalization Service’s Removal of

Aliens Issued Final Orders, Report I-2003-004, February 2003.

67

In addition, DHS would also fund 275 beds through the breach bond fund, increasing the total bed space by 1,000 to

33,000 beds.

68

For more on the issue of detainee medical care, see CRS Report RL34556, Health Care for Noncitizens in

Immigration Detention, by (name redacted).

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Homeland Security Department: FY2009 Appropriations

State and Local Law Enforcement 69

Currently, the INA provides limited avenues for state enforcement of both its civil and criminal

provisions. One of the broadest grants of authority for state and local immigration enforcement

activity stems from INA §287(g), which authorizes the Attorney General to enter into a written

agreement with a state, or any political subdivision, to allow state and local law enforcement

officers to perform the functions of an immigration officer in relation to the investigation,

apprehension, or detention of aliens in the United States. The enforcement of immigration by

state and local officials has sparked debate among many who question what the proper role of

state and local law enforcement officials should be in enforcing federal immigration laws. Many

have expressed concern over proper training, finite resources at the local level, possible civil

rights violations, and the overall impact on communities. Nonetheless, some observers contend

that the federal government has scarce resources to enforce immigration law and that state and

local law enforcement entities should be utilized.

House-reported H.R. 6947 would have specified that no funds may be used to continue a 287(g)

agreement if the DHS Inspector General determined that the 287(g) agreement had been violated;

or to enter into an agreement with law enforcement (other than at a jail or prison) of a state or

subdivision of the state unless the Assistant Secretary of ICE reviewed all requests for 287(g)

agreements in that state and prioritizes the agreements that will maximize the identification of

criminal aliens convicted of dangerous crimes. In addition, the President’s budget request

included an increase of $12 million for these agreements that Senate-reported S. 3181 would have

fully funded.

P.L. 110-329 appropriated $100 million for state and local programs including $54 million for the

287(g) program and $5 million for compliance reviews of the 287(g) agreements. P.L. 110-329

directed ICE to prioritize 287(g) agreements that will maximize the identification and removal of

deportable criminal aliens.

Federal Protective Service770

The Federal Protective Service (FPS), within ICE, is responsible for the protection and security of

federally owned and leased buildings, property, and personnel. It has two primary missions—

basic security and building specific security. Basic security functions include daily monitoring of

federal building entry and exit points; building specific security includes investigating specific

threats to a federal facility or building. In general, FPS focuses on law enforcement and

protection of federal facilities from criminal and terrorist threats. The FY2009 President’s request

for FPS was $616 million. House-reported H.R. 6947 would have fully funded the President’s

request. Senate-reported S. 3181 would have appropriated $640 million for FPS. P.L. 110-329

appropriated $640 million for FPS in FY2009.

In FY2007, the Administration realigned its workforce and reduced the number of FPS law

enforcement officers and investigators. Following this realignment and reduction, the

Government Accountability Office (GAO) found that FPS’s staff decreased by approximately

69

This section adapted from CRS Report RL32270, Enforcing Immigration Law: The Role of State and Local Law

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

70

Prepared by (name redacted), Analyst in Emergency Management and Homeland Security Policy, Government and

Finance Division.

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Homeland Security Department: FY2009 Appropriations

20%, from about 1,400 employees at the end of FY2004 to approximately 1,100 employees at the

end of FY2007.771 According to GAO, this reduction in FPS’s staff resulted in the reduction of

security at federal facilities and increased the risk of crime or terrorist attacks.72 Finally, GAO

stated that the decision by FPS to eliminate proactive security patrols at federal facilities resulted

in FPS law enforcement personnel not being able to conduct security operations. Such operations

involve inspecting suspicious vehicles, monitoring suspicious individuals, or detecting and

deterring criminal activity in and around federal buildings.73 Since the Administration’s FY2007

decisions on FPS activities received congressional attention, it may be important to note the

Administration’s actions and intentions for FY2008 and FY2009.

In FY2008, the Administration expected to:

•

improve methods used to identify and reduce real and perceived threats to federal

facilities;

•

continue intelligence and information sharing;

•

provide law enforcement and security services at National Special Security

Events (NSSE); and

•

strengthen federal facility security standards.74

Finally, in FY2009, the Administration intends for the FPS to:

•

provide law enforcement and security services at National Special Security

Events (NSSE);

•

complete risk-based security standards aligned with intelligence;

•

continue federal facility security assessments;

•

continue to monitor federal agency compliance with security standards;

•

improve contract security guard management; and

•

continue to strengthen business processes and the Service.75

As a result of GAO’s findings and congressional interest, P.L. 110-329 required OMB and DHS

to fully fund FPS operations through revenue and collections of security fees paid by federal

departments and agencies.76 This security fee collection is intended to ensure that the FPS

maintains not fewer than 1,200 full-time equivalent staff and 900 full-time equivalent police

officers, inspectors, area commanders, and special agents.77

71

U.S. Government Accountability Office, Homeland Security: The Federal Protective Service Faces Several

Challenges That Hamper Its Ability to Protect Federal Facilities (Washington: June 2008), p. 12.

72

Ibid.

73

Ibid., p.14.

74

U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Federal Protective Service,

Fiscal Year 2009 Congressional Justification, p. 5.

75

Ibid.

76

P.L. 110-329, Title II, mandates that OMB “certify in writing” to the Committees of Appropriations of the Senate

and the House of Representatives that FPS will be fully funded in FY2009.

77

P.L. 110-329, Title II.

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Homeland Security Department: FY2009 Appropriations

Transportation Security Administration (TSA)78

The TSA was created by the Aviation and Transportation Security Act (ATSA, P.L. 107-71), and it

was charged with protecting air, land, and rail transportation systems within the United States to

ensure the freedom of movement for people and commerce. In 2002, the TSA was transferred to

DHS with the passage of the Homeland Security Act (P.L. 107-296). The TSA’s responsibilities

include protecting the aviation system against terrorist threats, sabotage, and other acts of

violence through the deployment of passenger and baggage screeners; detection systems for

explosives, weapons, and other contraband; and other security technologies. The TSA also has

certain responsibilities for marine and land modes of transportation including assessing the risk of

terrorist attacks to all non-aviation transportation assets, including seaports; issuing regulations to

improve security; and enforcing these regulations to ensure the protection of these transportation

systems. TSA is further charged with serving as the primary liaison for transportation security to

the law enforcement and intelligence communities. See Table 8 for account-level detail for all of

the agencies in Title II, and Table 11 for sub-account-level detail for TSA for FY2008 enacted

levels and supplemental appropriations and FY2009 amounts specified in the President’s request,

the House and Senate-reported bills, and enacted levels specified in P.L. 110-329.

President’s FY2009 Request

The President’s requested funding level for the TSA in FY2009, totaling $7,102 million,

comprises about 14% of the DHS gross budget authority. The President’s FY2009 request

estimates receipts totaling $2,360 million in offsetting collections, mostly through the collection

of passenger security fees and security fees paid by the airlines. These estimated offsetting

collections for FY2009 are $67 million over FY2008 projected levels, yielding a net total

requested amount for TSA of $4,065 million, to be paid for out of the Treasury General Fund.

New funding initiatives include an additional $426 million to the Aviation Security Capital Fund

(ASCF) for explosives detection equipment purchase and installation. Proposed discretionary

funding for the purchase and installation of Explosive Detection Systems (EDS) and Explosive

Trace Detection (ETD) equipment would be reduced by $140 million compared to FY2008

levels, however this reduction would be more than offset by the proposed increase to the ASCF. A

proposed increase of $47 million for Screening Technology (Maintenance and Utilities) reflects

increasing costs of checked baggage and checkpoint screening equipment maintenance as these

systems age and approach their useful service life. Also, a funding increase of $32 million is

proposed for the Secure Flight program. The Checkpoint Screening Security Fund—a one-time

mandatory funding vehicle that provided $250 million in FY2008 for checkpoint screening

technologies—would be replaced by a requested appropriation of $128 million for Checkpoint

Support. The President’s FY2009 request provides for 800 additional full-time equivalent (FTE)

Transportation Security Officers (TSOs) and other aviation security job functions. These

additional slots would mainly be filled by more Behavioral Detection Officers (BDOs, 330

additional FTEs) and additional screeners to conduct random screening of airport workers.

The President’s FY2009 request includes a proposal to realign several TSA programs. Most

notably, the request proposes to place the Federal Air Marshal Service (FAMS) under the Aviation

Security account, rather than maintaining it as a separate entity. The budget also seeks to realign

78

Prepared by (name redacted), Specialist in Aviation Safety, Security, and Technology, Resources, Science, and Industry

Division.

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Homeland Security Department: FY2009 Appropriations

several regulatory functions, including air cargo security, under the Aviation Regulation program,

and several law enforcement programs, including airport law enforcement support; canine teams;

Visible Intermodal Protective Response (VIPR) teams; and Federal Flight Deck Officers

(FFDOs), under the Law Enforcement program. The proposal also seeks to establish a single

Human Resource Services within the Aviation Security account, to support both field and

headquarters staff. Also, the request proposes that information technology and support for

Aviation Security be realigned with the Information Technology function housed within the

Transportation Security Support account.

House-reported H.R. 6947

The House committee recommended $6,964 million for the TSA, $138 million less than the

President’s request, but $77 million more than the Senate-reported bill. Like the Senate-reported

bill, the House-reported bill has not adopted many of the realignment proposals offered in the

President’s request. Specifically, the committee rejected the idea of consolidating air cargo with

other aviation regulation activities, and it rejected the concept of placing FAMS under the

aviation security program area. However, like the Senate-reported bill, H.R. 6947 concurred with

the Administration proposals to consolidate human resources and information technology

activities throughout the TSA. Thus, while funding levels for budget activities contained in H.R.

6947 are directly comparable to the Senate-reported amounts, these amounts are not directly

comparable to the President’s request for affected budget activities.

House-reported H.R. 6947 requested $250 million for Checkpoint Support, the same amount

provided under the Checkpoint Security Screening Fund in FY2008, and $122 million above the

President’s request for FY2009. The committee believed that this additional funding was

necessary to expedite testing and deployment of checkpoint explosives screening technologies.

The House report expressed concern that only half of large airports have optimized their baggage

screening systems to date, and recommended $294 million for EDS/ETD purchase and

installation, in line with the Senate-reported amount. The committee also recommended $110

million for air cargo security, $39 million above the FY2008 appropriated level, but $13 million

below the Senate-reported amount.

The House committee recommended $109 million for Threat Assessment and Credentialing

functions, $24 million below the requested level. The committee recommended $75 million of

this for the Secure Flight program, $7 million below the request, citing schedule slips in the

regulatory process and GAO reviews of the program. With regard to surface transportation

security, the House-reported measure specified $50 million, $13 million above the President’s

request, and $14 million below the Senate-reported amount. The additional funding specified in

the House report was intended for the deployment of additional security inspectors.

Senate-reported S. 3181

The Senate-reported bill would have set total funding for the TSA at $6,887 million, $215 million

less than the President’s request. The reported bill supported only some of the Administrationproposed functional realignments. Therefore, funding for several of the budget activities in Table

11 cannot be directly compared. Specifically, the committee agreed with the Administration plan

to consolidate human resources and information technology programs throughout the TSA.

However, the committee did not go along with the Administration proposals to consolidate law

enforcement activities under the aviation security program area, to place the FAMS under

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Homeland Security Department: FY2009 Appropriations

aviation security, and to consolidate regulatory enforcement functions, including air cargo

security activities.

The committee recommended $2,692 million for passenger and baggage screening personnel

compensation and benefits (PC&B), $24 million below the requested levels based on FY2008

“payroll underburn” reported to the committee. The committee also recommended a recision of

$7.3 million of FY2008 funds set aside for pilot programs to screen airport employees that were

determined to be in excess of the amount needed to carry out these pilots. The committee

recommended $200 million for checkpoint support, $72 million above the President’s request, but

$50 million less than the amount provided in FY2008 under the Checkpoint Security Screening

Fund.

The committee noted that the Administration’s proposed passenger security fee increase has not

been acted on by congressional authorizing committees, and therefore reported mandatory

funding for the Aviation Security Capital Fund at the currently authorized level of $250 million.

The committee, instead, proposed a funding level of $294 million for EDS/ETD purchase and

installation, $140 million above the President’s request.

The committee recommended $123 million for air cargo security, $18 million above the amount

proposed in the President’s request within the aviation regulation and law enforcement program

area, under the proposed restructuring scheme. The committee also sought to expand the TSA air

cargo screening technology pilots to address the mandate for 100% screening of cargo placed on

passenger aircraft, and called for the TSA to issue an expenditure plan detailing efforts to develop

covert testing protocols, augment cargo strike teams, and provide details of deployed canine

teams and screening technologies. In addition to increased air cargo security funding to meet the

100% screening mandate of the Implementing Recommendations of the 9/11 Commission Act of

2007 (P.L. 110-53), the committee recommendation included $20 million across various budget

activities to implement regulations and fulfill other mandates of the 9/11 Act. The committee also

recommended $4 million for airport perimeter security pilot projects, which was not included in

the President’s request but is equal to FY2008 funding for this activity. The committee proposed

$799 million for FAMS, $13 million above the President’s request, and recommends keeping

FAMS separate from aviation security, rather than placing it under the aviation security program

area as requested. With regard to surface transportation security, the bill sought $64 million, $27

million more than the President’s request, and seeks additional inspectors and operations staff.

P.L. 110-329

The Act provided a total of $6,978 to the TSA, $91 million above the Senate-reported level and

$14 million above the House-reported level, but $124 million less than the President’s request.

Funding for aviation security totaled $4,735 million, roughly matching the House-reported levels.

As recommended in the House and Senate reports, the Act consolidated Information Technology

functions and Human Capital Services across the TSA. Like the House and Senate-reported

measures, the Act did not support other realignment and consolidation proposals from the

President’s request.

The Act included a total of $544 million for the procurement and installation of checked baggage

explosives detection systems, including $294 million for EDS/ETD purchase and installation and

the mandatory $250 million for the ASCF. This comprises slightly less than half of the spending

that has been designated as going towards efforts to implement requirements of the 9/11 Act (P.L.

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Homeland Security Department: FY2009 Appropriations

110-53). These funding initiatives, totaling $1,119 million, also included $123 million for Air

Cargo Security; $391 million for specialized screening programs, including travel document

checkers, behavior detection officers, bomb appraisal officers, and random screening of airport

workers; $30 million to expand the VIPR teams; almost $12 million for surface transportation

security inspectors; and $20 million specifically designated for Implementing P.L. 110-53,

intended for conducting vulnerability assessments and security training exercises for high-risk

surface transportation systems.

Of the $123 million appropriated for Air Cargo Security, $18 million was allocated for expanding

test programs evaluating air cargo screening technologies, and for auditing freight forwarders,

shippers, and distributors participating in the TSA’s certified shipper program. The Act also

directed the TSA to submit an expenditure plan for air cargo security funds including details of

new covert testing protocols, efforts to expand regulatory inspection strike teams, and data on

canine team and air cargo screening technology deployment.

The Act also provided $250 million for Checkpoint Support to deploy emerging passenger and

carry-on screening technologies, with a focus on deploying whole body imaging (WBI)

technologies to passenger checkpoints. This amount equals the funding provided in FY2008

under the Checkpoint Screening Security Fund. The Act also provided $306 million for Screening

Technology Maintenance and Utilities for the upkeep of deployed passenger checkpoint and

checked baggage screening technologies, including slightly more that $4 million for the disposal

of equipment no longer in service.

The Act provided $116 million for Transportation Threat Assessment and Credentialing functions,

including $82 million for Secure Flight. The Act, however, prohibited the operational deployment

of Secure Flight beyond testing until the DHS certifies and the GAO reports that all statutory

conditions pertaining to privacy, data security, data retention, and redress procedures for

passengers have been satisfactorily met.

P.L. 111-5

The American Recovery and Reinvestment Act of 2009 includes $1,000 million for aviation

security. This funding is designated for the procurement and installation of checked baggage

explosives detection systems and checkpoint explosives detection equipment. The act requires the

DHS to submit an expenditure plan for these funds within 45 days of enactment, and the

conference report (H.Rept. 111-16) includes language specifying that projects should be

prioritized based on security risks and funds be used to accelerate equipment ins

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