Department of Homeland Security Appropriations Act, 2011

Bill: 111-s-3607
Sponsor: Sen. Lautenberg, Frank R. [D-NJ]
Introduced: 2010-07-19 in the Senate
Policy area: Economics and Public Finance
Subjects: Appropriations
Border security and unlawful immigration
Citizenship and naturalization
Coast guard
Department of Homeland Security
Disaster relief and insurance
Emergency planning and evacuation
Executive agency funding and structure
Federal Emergency Management Agency (FEMA)
Fires
Floods and storm protection
Food assistance and relief
Government employee pay, benefits, personnel management
Homeland security
Homelessness and emergency shelter
Immigration status and procedures
Law enforcement officers
Terrorism
Transportation safety and security

Summary:
action_date: 2010-07-19
text: 
Department of Homeland Security Appropriations Act, 2011 - Makes appropriations for the Department of Homeland Security (DHS) for FY2011 for: (1) the Offices of the Secretary, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, and the Inspector General; (2) United States Customs and Border Protection (CBP); (3) United States Immigration and Customs Enforcement (ICE); (4) the Transportation Security Administration (TSA); (5) the Coast Guard, including funding derived from the Oil Spill Liability Trust Fund; (6) the United States Secret Service; (7) the Office of the Under Secretary for National Protection and Programs Directorate, including for the U.S. Visitor and Immigrant Status Indicator Technology (U.S.-VISIT) project, the Federal Protective Service, and the Office of Health Affairs; (8) the Federal Emergency Management Agency (FEMA), including for state and local first responder grants and for the United States Fire Administration; (9) United States Citizenship and Immigration Services (CIS), including for the E-Verify program to assist U.S. employers maintain a legal workforce; (10) the Federal Law Enforcement Training Center; (11) the Office of the Under Secretary for Science and Technology; and (12) the Domestic Nuclear Detection Office.
 
Prohibits the use of funds under this Act: (1) to amend the oath of allegiance required under the Immigration and Nationality Act; (2) to prevent an individual not in the business of importing a prescription drug from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act for personal use; or (3) for planning, testing, piloting, or developing a national identification card.
 
Requires: (1) the Assistant Secretary of Homeland Security (TSA) to work with air carriers and airports to ensure that the screening of cargo carried on passenger aircraft increases incrementally each quarter; and (2) the FEMA Administrator to submit to Congress, and publish on the FEMA website, a report summarizing damage assessment information used to make a declaration that a major disaster exists, with a national security limitation.

action_date: 2010-07-19
text: 
Department of Homeland Security Appropriations Act, 2011 - 
Title I: Departmental Management and Operations - 
Makes appropriations for the Department of Homeland Security (DHS) for FY2011, including for the Offices of the Secretary of Homeland Security, the Under Secretary for Management, the Chief Financial Officer, the Chief Information Officer, and the Inspector General and for intelligence analysis and operations. 
 

Title II: Security, Enforcement, and Investigations
 - Makes appropriations for FY2011 for: (1) United States Customs and Border Protection (CBP), including for automation modernization, border security fencing, infrastructure, and technology, air and marine interdiction, operations, maintenance, and procurement, and construction and facilities management; (2) United States Immigration and Customs Enforcement (ICE), including for reimbursement of other agencies for costs associated with the repatriation of smuggled aliens unlawfully present in the United States, prioritizing the identification and removal of aliens convicted of a crime by the severity of that crime, and automation modernization; (3) the Transportation Security Administration (TSA), including for aviation security, surface transportation security, the Office of Transportation Threat Assessment and Credentialing, transportation security support, and Federal Air Marshals; (4) the Coast Guard, including funding derived from the Oil Spill Liability Trust Fund for prevention, removal, and enforcement related to oil discharges and funding for environmental compliance and restoration, reserve training, acquisition, construction, and improvements, alteration of bridges, research, development, test, and evaluation, and retired pay; and (5) the United States Secret Service, including for acquisition, construction, improvements, and related expenses.
 
 Requires: (1) the Border Patrol to maintain an active duty presence of not less than 20,370 agents protecting U.S. borders throughout the fiscal year; and (2) ICE to maintain a level of at least 33,400 detention beds through September 30, 2011.
 
Directs the Assistant Secretary of Homeland Security (TSA), upon determining that the Secure Flight program does not need to check airline passenger names against the full terrorist watchlist, to certify to the Senate and House Appropriations Committees by December 31, 2010, that no significant security risks are raised by screening airline passenger names only against a subset of the full terrorist watchlist.
 
Makes funds available to: (1) ICE to enforce laws against forced child labor; and (2) TSA for explosives detection systems, of which at least 8% shall be available for the purchase and installation of certified explosives detection systems at medium- and small-sized airports.
 

Title III: Protection, Preparedness, Response, and Recovery
 - Makes appropriations for FY2011 for: (1) the Office of the Under Secretary for National Protection and Programs Directorate, including for infrastructure protection and information security programs and activities, the Federal Protective Service, and the United States Visitors and Immigrant Status Indicator Technology Project (US-VISIT); (2) the Office of Health Affairs; and (3) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs, firefighter assistance, and emergency management performance, the United States Fire Administration, disaster relief and the disaster assistance direct loan program account, the National Flood Insurance Fund, the National Pre-Disaster Mitigation Fund, and emergency food and shelter. 
 

Title IV: Research and Development, Training, and Services
 - Makes appropriations for FY2011 for: (1) United States Citizenship and Immigration Services (CIS), including for processing applications for asylum or refugee status and for immigration verification programs, including the E-Verify program to assist U.S. employers with maintaining a legal workforce; (2) the Federal Law Enforcement Training Center; (3) the Office of the Under Secretary for Science and Technology; and (4) the Domestic Nuclear Detection Office.
 

Title V: General Provisions
 - (Sec. 501) Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act. 
 
(Sec. 513) Prohibits the use of funds available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act.
 
(Sec. 514) Prohibits the use of funds appropriated by this Act to process or approve a competition under Office of Management and Budget (OMB) Circular A-76 for services provided as of June 1, 2004, by employees of CIS who are known as Immigration Information Officers, Contact Representatives, or Investigative Assistants. 
 
(Sec. 515) Requires TSA to report to the Appropriations Committees on air cargo inspection statistics by airport and air carrier. Requires incremental quarterly increases in the screening of such cargo.
 
(Sec. 523) Prohibits the use of funds to enforce provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 regarding the prohibition on air passengers carrying butane lighters unless the Assistant Secretary (TSA) reverses the determination of July 19, 2007, that butane lighters are not a significant threat to civil aviation security.
 
(Sec. 526) Prohibits the use of funds by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit.
 
(Sec. 534) Prohibits the use of funds for CBP to prevent an individual from importing a prescription drug from Canada if: (1) such individual is not in the business of importing a prescription drug; and (2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not exceeding a 90-day supply.
 
(Sec. 537) Prohibits the use of funds made available in this Act for planning, testing, piloting, or developing a national identification card.
 
(Sec. 539) Requires the FEMA Administrator to submit to specified congressional committees, and publish on the FEMA website, a report regarding a decision to declare a major disaster, summarizing damage assessment information used to determine whether a major disaster exists, subject to redaction of information that would compromise national security.
 
(Sec. 544) Sets forth restrictions on the use of funds to release or transfer an individual who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, the District of Columbia, or specified U.S. territories.
 
(Sec. 551) Requires any company that collects or retains personal information directly from any individual who participates in TSA's Registered Traveler program to safeguard and dispose of such information in accordance with specified requirements.


Legislative actions:
action_date: 2010-07-19
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 466.
action_date: 2010-07-19
text: Committee on Appropriations. Original measure reported to Senate by Senator Lautenberg. With written report No. 111-222.
action_date: 2010-07-19
text: Committee on Appropriations. Original measure reported to Senate by Senator Lautenberg. With written report No. 111-222.
action_date: 2010-07-19
text: Introduced in Senate
action_date: 2010-04-13
text: Committee on Appropriations Senate Subcommittee on Homeland Security. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-811.
action_date: 2010-02-24
text: Committee on Appropriations Senate Subcommittee on Homeland Security. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 111-811.