Appropriations for FY2005: Department of Homeland Security
Released: 2004-11-08T00:00:00

Most Recent Developments

P.L. 108-334 Signed Into Law. OnOctober 18, 2004, the President signed P.L. 108-334 into law providing $33.1 billion in newobligational budget authority with a direct appropriation of $30.1 billion. The conference report to H.R. 4567 was approved by the House on October 9, 2004, by a vote of 368-0; andapproved by voice vote in the Senate on October 11.

H.R. 4567 Passed in the Senate in Lieu of S. 2537. On September 14, 2004, the Senate passed H.R. 4567 afterstriking the House-passed language and inserting the language of S. 2537 . TheSenate-passed version of H.R. 4567 provides a total appropriation of $33.8 billion for theDepartment of Homeland Security (DHS); an increase of $1.3 billion over the Administration'srequest, and an 11.5% increase over the enacted FY2004 level of $30.3 billion.

H.R. 4567 Passed in the House. On June 18, 2004, H.R. 4567 was passed in the House by a vote of 400-5. The bill would providea total appropriation of $33.1 billion for the Department of Homeland Security (DHS); an increaseof $500 million over the Administration's request, and a 9.2% increase over the enacted FY2004level of $30.3 billion.

S. 2537 Reported. On June 17, 2004, S. 2537 was introduced in the Senate. The bill would provide a total appropriation of$33.1 billion for (DHS); an increase of $500 million over the Administration's request, and a 9.2%increase over the enacted FY2004 level. S. 2537 was accompanied by Senate Report, S.Rept. 108-280 , which was reported by the Senate Appropriations Committee on June 17, 2004,by a vote of 29-0.

President's FY2005 Budget Submitted. On February 2, 2004, the President submitted the FY2005 budget request to Congress, proposing $32.6billion in appropriations for the DHS. This represents a 7.7% increase over net enacted FY2004funding of $30.3 billion. (1)

Table 1 summarizes the legislative status of DHS appropriations for FY2005.

Table 1. Legislative Status of Homeland Security Appropriations

Note: vv = voice vote

a. House Appropriations Subcommittee for Homeland Security held a markup on June 3, 2004.

b. Senate Appropriations Subcommittee for Homeland Security held a markup on June 16, 2004.

c. House Appropriations Committee reported by voice vote the report ( H.Rept. 108-541 ) to theFY2005 DHS Appropriations bill ( H.R. 4567 ).

d. The House passed H.R. 4567 June 18, 2004 by a vote of 400-5.

e. Senate Appropriations Committee reported by a vote of 29-0, the report ( S.Rept. 108-280 ) to theFY2005 DHS Appropriations bill ( S. 2537 ).

f. The Senate passed its own version of H.R. 4567 after striking the House-passed textand inserting the text of S. 2537 . The Senate also adopted several amendments priorto passage.

Note on Most Recent Data. The data in this report are based on the P.L. 108-334 , the conference report to H.R. 4567 ( H.Rept. 108-774 ); House report ( H.Rept. 108-541 ) to H.R.4567; the House-passed version of H.R. 4567; the Senate-passed version of H.R.4567; and on Senate report ( S.Rept. 108-280 ) to S. 2537 .

302(a) and 302(b) Allocation Ceilings. The maximum budget authority for annual DHSappropriations is determined through a two-stage congressional budget process. Inthe first stage, the Congress agrees to overall spending totals in the annual concurrentresolution on the budget. Subsequently, these amounts are allocated among thevarious committees, usually through the statement of managers for the conferencereport on the budget resolution. These amounts are known as the 302(a) allocations. They include the discretionary totals available to the House and Senate Committeeson Appropriations for enactment in annual appropriations through the 13subcommittees responsible for the development of the appropriation bills specific toeach.

In the second stage of the process, the appropriations committees allocate the 302(a) discretionary funds among their subcommittees for each of the 13 annualappropriation bills. These amounts are known as the 302(b) allocations. Theseallocations must add up to no more than the 302(a) discretionary allocation, and formthe basis for enforcing budget discipline, since any bill reported with total above theceiling is subject to a point of order. 302(b) allocations may be adjusted during theyear as the various appropriations bills progress toward final enactment. On May 19,2004, the House agreed to the conference report on the FY2005 budget resolution S.Con.Res. 95 . The Senate did not pass the FY2005 budget resolution(S.Con.Res. 95). On June 15, 2004, House Appropriations Committee ChairmanYoung submitted H.Rept. 108-543 , which included subcommittee 302(b) allocationsbased on the amounts agreed to in the conference report on S.Con.Res. 95 . The 302(a) allocation in the House version of S.Con.Res. 95 is $821 billion, andthe discretionary 302(b) allocation listed in H.Rept. 108-543 for Homeland Securityis $32 billion. On September 8, 2004, the Senate Appropriations Committeeapproved its 302(b) allocations with a total budget authority for Homeland Securityof $32 million. Table 2 shows the 302(b) discretionary allocations for DHS, thus farin the process.

Table 2. FY2005 302(b) Discretionary Allocations for DHS (budget authority in billions of dollars)

Source: H.Rept. 108-543 , Suballocation of Budget Allocations for FY2005 ,submitted June 15, 2004, and Senate Appropriations Committee press release,September 8, 2004, available at http://appropriations.senate.gov/releases/Allocations%202005.pdf .

Highlights

This report describes the President's proposal for FY2005 appropriations forDHS programs, as submitted to the Congress on February 2, 2004, and thecongressional response to that proposal. It compares the FY2005 amounts proposedin the President's budget, the current estimates of the FY2004 amounts for programsand activities that were transferred to DHS after its establishment on January 24,2003. This report tracks legislative action and congressional issues related to theFY2005 DHS appropriations bill, with particular attention paid to discretionaryprograms. However, the report does not follow specific funding issues related tomandatory DHS programs -- such as retirement pay -- nor does it systematicallyfollow any legislation related to the authorization or amendment of DHS programs.

FY2005 represents the second annual appropriations cycle for DHS. Of the 13 annual appropriations bills, the DHS bill is estimated to be the fifth largest source ofdiscretionary funds, accounting for approximately 3.5% of the estimated $818.4billion total for all federal discretionary budget authority, as reported in the Budgetof the United States Government Fiscal Year 2005 , Table S-5. (2)

Though not the focus of this paper, it is important to note that not all federal spending on homeland security is funneled through DHS. According to a recentCongressional Budget Office (CBO) report, (3) theAdministration has requested $47.3billion in FY2005 gross budget authority for federal homeland security activities. Ofthis total, according to CBO, $40 (4) billion or 86%is allocated to DHS. However, itis also important to note that DHS performs many missions that are not related tohomeland security. (5) According to CBO,approximately $27.1 billion or 68% of thetotal FY2005 requested gross budget authority for DHS is devoted to homelandsecurity missions. Therefore, the requested DHS homeland security budget authorityfor FY2005 ($27.1 billion) represents approximately 57% of the total federalresources ($47.3 billion) sought by the Administration for homeland securityactivities in FY2005. (6)

Appropriations for the 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 newDHS created by the act. The act organized DHS into four major directorates: Borderand Transportation Security (BTS); Emergency Preparedness and Response (EPR);Science and Technology (S&T); and Information Analysis and InfrastructureProtection (IAIP).

During congressional debate on the FY2004 appropriations cycle, the structure of accounts and titles under the bill ( H.R. 2555 ) was reorganized severaltimes. The House and Senate Appropriations Committees each organized theappropriations slightly differently, and the Conference committee decided upon thefinal organization, which was adopted in P.L. 108-90 . The House and Senate tablescontained within H.Rept. 108-541 and S.Rept. 108-280 for FY2005 generally reflectthe organization adopted in P.L. 108-90 , and is the organization used in this report.

Table 3 is a summary table comparing appropriations for FY2004 and the requested amount for FY2005. As shown in Table 3 , the Administration hasrequested a total appropriation of $32.6 billion for DHS for FY2005. This totalrepresents a 7.7% increase in funding over the enacted FY2004 amount. Thediscretionary funding amount is $31.5 billion, and represents a 7.7% increase overthe net enacted FY2004 level. Requested mandatory FY2005 funding represents a6.4% increase over the enacted FY2004 level. On October 18, 2004, P.L. 108-334 was signed into law providing $33.1 billion in appropriations for DHS for FY2005. P.L. 108-334 provides the following amounts for the four titles of the DHSappropriation: (I) Departmental Management and Operations, $607 million; (II)Security, Enforcement and Investigations, $20.6 billion; (III) Preparedness andRecovery, $9.5 billion; and (IV) Research and Development, Training, Assessments,and Services, $2.4 billion.

H.Rept. 108-541 (to H.R. 4567 ) recommends a total appropriation of $33.1 billion for DHS, representing an increase of $500 million compared to theAdministration's request, and a 9.3% increase compared to the FY2004 enactedlevel. S.Rept. 108-280 (to S. 2537 ) also provides $33.1 billion for DHS.

The House passed H.R. 4567 , June 18, 2004, providing a total of $33.1 billion for DHS. Prior to passage, the House adopted five amendments, twoof which changed amounts to be appropriated. H.Amdt. 568 provided$50 million to the Staffing of Adequate Fire and Emergency Response Firefighters(SAFER) program, which was offset by a $50 million reduction for the Office of theUndersecretary for Management in the Operations Account of Title I. H.Amdt. 569 increased funding for Customs and Border Protection(CBP) in Title II, by $450 thousand (less than $0.5 million), which was offset by areduction in amounts provided to the Office of the Undersecretary for Managementin Title I.

The Senate passed H.R. 4567 on September 14, 2004. Prior to debating the bill, the Senate struck all of the House-passed provisions and insertedthe language from S. 2537 . During the debate, the Senate adopted morethan 40 amendments to the bill. Of the adopted amendments, 8 increased ordecreased amounts to be appropriated. S.Amdt. 3616 added a total of$170 million to the Office of State and Local Government Preparedness (OSLGCP)distributed as follows: $50 million for State and Local Programs; $50 million forFirefighter Assistance Grants; and $20 million for Emergency Management PlanningGrants (EMPG). S.Amdt. 3578 adds $200 million for Air and MarineInterdiction, Operations, Maintenance and Procurement. S.Amdt 3578 includes anoffset in the form of an extension of Customs User fees from March 1, 2005 to June1, 2005. (7)

S.Amdt. 3618 adds a total of $414 million distributed as follows: $150 million for Customs and Border Protection (CBP) Salaries and Expenses; $100million for Immigration and Customs Enforcement (ICE) Salaries and Expenses (ofwhich $50 million is for investigative personnel, and $50 million is for Detention andRemoval bedspace and operations); $128 million to the OSLCGP for State and LocalPrograms for rail and transit security; and $36 million to the OSLGCP for EMPG. S.Amdt. 3618 also includes an offset in the form of an extension of Customs Userfees from June 1, 2005 to September 30, 2005. S.Amdt. 3611 appliesan overtime cap to certain CBP employees and reduces the CBP Salaries andExpenses account by $1 million. S.Amdt. 3598 provides an additional$75 million for baggage screening activities. S.Amdt. 3630 provides anadditional $100 million for Federal Fire Prevention and Control Act with decreasesin amounts from the following sources: $70 million from Title I in the Office of theUnder Secretary for Management; $20 million from Title IV in Information Analysisand Infrastructure Protection's (IAIP) Management and Administration Account; and$10 million from Science and Technology's (S&T) Management and AdministrationAccount.

The Senate also adopted amendments to provide additional assistance pertaining to the recent round of hurricanes including Bonnie, Charley, and Frances. (8) S.Amdt. 3607 provided an additional $70 million to the Red Cross forresponse to hurricanes Bonnie, Charley, and Frances. S.Amdt. 3636 would provide an estimated $3 billion in emergency supplemental farm disasterassistance in response to various natural disasters.

Table 3. Department of Homeland Security: Summary of Appropriations ($ in millions)

Source: P.L. 108-334 ; H.R. 4567 passed by the House June 18, 2004; H.R. 4567passed by the Senate September 14, 2004; S. 2537 introduced by theSenate June 17, 2004.

Note: Rounding may affect totals.

a. Net, after considering fee receipts.

b. Title I total includes total reductions of $50.4 million contained in H.Amdt. 568 and H.Amdt. 569 that were adoptedduring the debate on passage of H.R. 4567 . $50 million of thesereductions were transferred to the Firefighter Assistance Account under theOffice of State and Local Government Preparedness (OSLGCP) in Title III; and$450,000 ($0.4 million) were transferred to CBP in Title II.

c. Includes amounts for Air and Marine Interdiction (AMO) to reflect DHS' transferof AMO from ICE to CBP; also includes a $63 million rescission.

d. Does not include funding for AMO which was transferred from ICE to CBP byDHS.

Title I: Departmental Management and Operations

Title I covers the general administrative expenses of DHS, including the Office of the Secretary and Executive Management Offices; the Under Secretary forManagement; the Counterterrorism Fund; the Department-wide TechnologyInvestments Account; and the Office of the Inspector General. (9) Table 4 showsappropriations for FY2004, and congressional action on the request for FY2005. Thetotal FY2005 request for Title I is $713 million. This represents a 57.4% increaseover the FY2004 enacted level. H.Rept. 108-541 recommends $634 million for TitleI, representing a $79 million decrease compared to the Administration's request, anda 40% increase compared to the FY2004 enacted level. However, during the floordebate on H.R. 4567 , H.Amdt. 568 and H.Amdt. 569 were adopted reducing the total amounts available in TitleI, by $50.4 million to $584 million. S.Rept. 108-280 provides a total of $632 millionfor Title I. During the floor debate for H.R. 4567, the Senate adopted S.Amdt. 3630 , which decreased Title I by $70 million to $562 million. The conferees provide a total of $607 million for Title I.

Table 4. Title I: Departmental Management andOperations ($ in millions)

Source: P.L. 108-334 ; H.R. 4567 passed by the House June 18, 2004;H.R. 4567 passed by the Senate September 14, 2004; S. 2537 introducedby the Senate June 17, 2004.

Note: Rounding may affect totals.

a. The conferees deleted a separate appropriation line for Department-wide Technology Investment and include this funding within the Operations Salariesand Expenses account with the funding for the Chief Information Officer.

Operations. Included in the Operations account is the Office of the Secretary and the Executive ManagementOffices, which perform several functions including public affairs, congressionalaffairs, privacy, security, general counsel, and civil rights and liberties. The Officeof the Immigration Ombudsman is also housed in the Executive ManagementOffices. The Undersecretary for Management is responsible for several functionsincluding, for example, monitoring and managing appropriations, accounting andfinance, procurement, human resources and personnel, and the tracking ofperformance measurements relating to the department. The FY2005 request forOperations of $405 million represents a 92% increase in funding over the enactedFY2004 level of $211 million. The conferees provide $524 million for Operations,but this amount includes funding previously appropriated under Department-wideTechnology Investments. H.Rept. 108-541 provides $341 million for the OperationsAccount, representing a decrease of $64 million from the Administration's FY2005request; and a 62% increase in funding over the enacted FY2004 level. However,during the floor debate on H.R. 4567 , H.Amdt. 568 and H.Amdt. 569 were adopted reducing the total amounts available in theOffice of the Undersecretary for Management, by $50.4 million, leaving a total of$291 million provided by H.R. 4567 for the Operations account. S.Rept. 108-280 provides $328 for the Operations Account, representing a $13 million decreasecompared to H.Rept. 108-541 , and a 55% increase compared to the enacted FY2004level. The $13 million difference between the House and Senate bills is spreadacross many sub-accounts and activities. Significant comparisons between theAdministration's request; H.Rept. 108-541 ; and S.Rept. 108-280 for Operationsinclude the following:

$103 million requested by the administration for the new human resources personnel system, including additional resources for trainingsupervisory personnel, and creating the information technology framework for theperformance-based personnel system (the conferees in P.L. 108-334 , provide $36million for this activity) ( H.Rept. 108-541 provides $70 million under this account,and $21 million under the Department-Wide Technology Investment account, while S.Rept. 108-280 provides $70 million under this account);

$45 million requested by the Administration for the continuedexpansion of DHS headquarters, of which $19 million would be available for 'tenantimprovement' and move costs, and $26 million is for the relocation of U.S. Navyoperations from the Nebraska Avenue Complex to leased facilities (fully funded by P.L. 108-334 , H.Rept. 108-541 , and S Rept. 108-280); and

$17 million for headquarters staffing adjustments, of which$3.5 million is to implement a new regional field structure (half-year funding, or $1.7million provided by H.Rept. 108-541 , but not funded by P.L. 108-334 or S.Rept.108-280 ), $4.6 million for the Immigration Ombudsman (not funded by H.Rept.108-541 , but funded at $3.5 million by P.L. 108-334 and S.Rept. 108-280 ), and $5.9million to align the Office of Immigration Statistics under the Office of the UnderSecretary for Management (fully funded by P.L. 108-334 , H.Rept. 108-541 and S.Rept. 108-280 ).

In addition, H.Rept. 108-541 zeroed out (-$6 million) funding for the DHS Office of Legislative Affairs, while this office is fully funded by S.Rept. 108-280 ; P.L. 108-334 funds this office at $5.4 million.

Department-wide Technology Investments. The FY2005 Department-wide TechnologyInvestment (DTI) request of $226 million represents a 23% increase over the FY2004enacted level of $184 million. H.Rept. 108-541 provides $211 million for thisaccount, representing a decrease of $15 million as compared to the Administration'srequest, and an increase of 15% compared to the FY2004 enacted level. S.Rept.108-280 provides $222 million for this account, representing an $11 increasecompared to H.Rept. 108-541 , and a 21% increase compared to the FY2004 enactedlevel. P.L. 108-334 provides $275 million in funding for the Office of the ChiefInformation Officer (CIO) which includes funding previously appropriated under theDepartment-wide Technology Investments account. This amount includes: $208million for Department-wide Technology Investments, and $67 million for salariesand expenses.

Significant comparisons between the Administration's request, H.Rept. 108-541 , and S.Rept. 108-280 for Department-wide Technology Investment:

$21 million for the design, development and implementation of a new human resources information system integrating and consolidating theexisting legacy systems and implementing e-Government solutions (fully funded by P.L. 108-334 , H.Rept. 108-541 and S.Rept. 108-280 ); and

$17 million for the 'eMERGE' (10) financial management systemthat will consolidate the existing legacy financial management systems into oneuniform solution for the Department (funded at $10 million by P.L. 108-334 ; fundedat $13 million, by H.Rept. 108-541 and S.Rept. 108-280 , due to the identification of$4 million in savings for this program).

The difference between the H.R. 4567 and S. 2537 can be accounted for by the H.Rept. 108-541 transfer of $11 million for SAFECOM(secure interoperable communications) from this account to the Directorate ofScience and Technology. S.Rept. 108-280 does not transfer these funds to S&T,providing $11 million under DTI. S.Rept. 108-280 also provides an additional $11million for SAFECOM under the S&T Directorate, for a total of $22 million forSAFECOM. The conferees, in P.L. 108-334 , provide $11 million for SAFECOMunder the S&T directorate.

Title II: Security, Enforcement, and Investigations

Title II funds Security, Enforcement, and Investigations. The largest component of Title II is the Directorate of Border and Transportation Security (BTS). (11) BTS iscomprised of the inspection, investigative, and enforcement operations of the formerU.S. Customs Service (Customs), the former Immigration and Naturalization Service(INS), portions of the Animal and Plant Health Inspection Service (APHIS) (whosefunctions have been split between the Customs and Border Protection and theImmigration and Customs Enforcement); and the TSA. The Coast Guard and theSecret Service are also funded under Title II, though they are not a part of BTS.

Table 5 shows funding for Title II. The table compares the funding of Title II activities for FY2004 with the amounts requested for FY2005. The Administrationhas requested a total Title II appropriation of $20.4 billion for FY2005. The BTSDirectorate accounts for 62.6% of the entire DHS budget. The FY2005 total requestrepresents an increase of $1.4 billion or 7.3% over the FY2004 enacted level. H.Rept. 108-541 recommends $20.6 billion for Title II, representing a $153 millionincrease compared to the request, and a 8% increase compared to the FY2004 enactedlevel. S.Rept. 108-280 provides $20.7 billion for Title II, representing a $153 millionincrease compared to the amounts provided in H.Rept. 108-541 , and a 9% increasecompared to the FY2004 enacted level. During floor debate, the Senate addedseveral amendments to HR4567 that increased overall Title II appropriations to $21.3billion. This represents an increase of $881 million over the FY2005 request and12% over the FY2004 enacted level. P.L. 108-334 provides $20.6 billion inappropriations for Title II.

Table 5. Title II: Security, Enforcement, and Investigations ($ in millions)

Source: P.L. 108-334 ; H.R. 4567 passed by the House June 18, 2004;H.R. 4567 passed by the Senate September 14, 2004; S. 2537 introducedby the Senate June 17, 2004.

Note: Rounding may affect totals.

a. If the FY2004 offset for FPS funding is directly applied, as it is in FY2005, ICE actually receives an increase of 11%. The presentation contained in Table 5 matches that of the unofficial House Appropriations Committee tables.

b. The direct offsetting of FPS funding with FPS fee collections in FY2005 is achange in the accounting for the fees, and does not represent a new fee.

c. The decrease in Maritime and Land security reflects a reorganization of grants(primarily port security grants) that, pursuant to the Secretary's Jan. 26, 2004reorganization proposal, were moved from TSA to ODP.

d. Both the Administration's request and H.R. 4567 fund this activityunder the Science and Technology Directorate.

Office of the Undersecretary for Border and Transportation Security. The Administration's request for thisoffice includes an increase of nearly $2 million for additional staff in the Office ofthe Undersecretary for BTS. H.Rept. 108-541 fully funds this request, while S.Rept.108-280 does not include increased funding for staffing adjustments. P.L. 108-334 provides $9.6 million for the Under Secretary for Border and Transportation Security.

US-VISIT. The Administration has requested an increase of $12 million for the US-VISIT program to continue theimplementation of existing capabilities, and to deploy additional entry and exitcontrol capabilities at land ports of entry. The total funding request for US-VISITis $340 million, representing a 3.7% increase over the FY2004 enacted level of $328million. (12) P.L. 108-344 , H.Rept. 108-541 , and S.Rept. 108-280 , fully fund theAdministration's request for US-VISIT. The conferees also continue to requiredetailed expenditure plans for US-VISIT.

Customs and Border Protection (CBP). CBP has responsibility for security at and betweenports-of-entry along the border. These responsibilities include inspecting people andgoods to determine that they are authorized for entry and maintaining border crossingstations to process persons seeking entry to the U.S. The inspection andborder-related functions of the Customs Service, the border security functions of theformer INS (including the Border Patrol), and the inspection functions of theAgricultural Quarantine Inspection (AQI) program are consolidated under CBP.

P.L. 108-344 provides a net appropriation of $5,270 million for CBP. This includes $50 million for radiation detection technology, and upto an additional $30million for radiation detection technology or non-intrusive inspection equipment; $1million for an in-bond cargo security pilot project; $2 million for the ImmigrationSecurity Initiative; and $5 million for CBP's advanced training center. This amountalso includes the nearly $390 million for the Office of Air and Marine Interdiction(AMO), which was transferred by DHS to CBP from ICE. The funding for AMO isdivided between two appropriations lines with $130 million appropriated in CBP'sSalaries and Expenses account, and $258 million appropriated as a separateappropriation line for Air and Marine Operations, Personnel Compensation andBenefits. The CBP appropriation also includes a rescission of $63 million frompreviously appropriated FY2004 funds.

The net FY2005 request for CBP was $5,122 million, representing a 4.4% increase over the enacted FY2004 level of $4,899 million. H.Rept. 108-541 recommended $5,154 million for CBP, representing a $32 million increase comparedto the Administration's request; and a 5% increase over the enacted FY2004 level. (13) S.Rept. 108-280 recommended $5,009 million for CBP, $145 million less thanprovided by H.Rept. 108-541 , $113 million less than requested, and 2% more thanthe enacted FY2004 level.

P.L. 108-344 , H.Rept. 108-541 , and S.Rept. 108-280 fully fund the following FY2005 requested increases:

$25 million to expand the Container Security Initiative (CSI), a cargo security program that stations CBP officers in foreign ports to target andpre-screen cargo containers before they are loaded on U.S. boundships;

$15 million to expand Customs-Trade Partnership AgainstTerrorism (C-TPAT) a supply chain security program that engages participatingprivate sector actors in securing their own supply chains;

$50 million for radiation detection and non-intrusive inspectiontechnology used in inspecting conveyances and cargo entering the country at portsof entry;

$21 million for enhancements to several modules of CBP'sAutomated Targeting System (ATS), used to identify high-risk people and cargoworthy of a more intense inspection;

$64 million to expand the remote video system deployedbetween ports of entry along the northern and southern borders;and

$10 million to purchase Unmanned Aerial Vehicles to supportthe Border Patrol and other CBP components ( P.L. 108-344 funds this request underCBP to reflect the Department's transfer of AMO from ICE to CBP) ( S.Rept.108-280 funded this increase under the Office of Air and Marine Operations inICE).

P.L. 108-334 provides an additional $30 million above the request for radiation detection equipment, ( H.Rept. 108-541 , and the Senate-passed H.R. 4567 had recommended an additional $50 million above the request for radiationdetection equipment), an additional $2 million for the Immigration Security Initiative( H.Rept 108-541 had recommended an additional $3 million), and an additional $1million to monitor 'in-bond' (14) cargo containers(recommended by H.Rept. 108-541 ). The Conference also transfer $23 million in training funds to reflect the transfer ofthe Charleston Training Center to FLETC (recommended by both the House andSenate).

During floor debate, the Senate added two amendments to H.R. 4567 that resulted in a $149 million increase to CBP appropriations. S.Amdt. 3618 added $50 million for radiation detection devices, $50million for additional CBP inspectors, and $50 million for additional Border Patrolagents. S.Amdt. 3611 places a $30,000 aggregate overtime limitationon CBP employee remuneration and reduces overall CBP Salaries and Expenses by$1 million.

Immigration and Customs Enforcement (ICE). (15) ICE focuses on enforcementof immigration and customslaws within the United States, as well as investigations into such activities as fraud,forced labor, trade agreement noncompliance, smuggling and illegal transshipmentof people and goods, and vehicle and cargo theft. In addition, this bureau overseesthe building security activities of the Federal Protective Service (FPS), formerly ofthe General Services Administration; and the aviation security activities of theFederal Air Marshals (FAMS), formerly of the TSA. ICE combined theinvestigations and intelligence functions of the U.S. Customs Service and the formerINS, the air and marine interdiction functions of those agencies, and the immigrationdetention and removal programs (including the operations of the FPS).

P.L. 108-334 provides $3,167 million for ICE, however, this amount does not include amounts provided for AMO which, as noted earlier, has been transferred toCBP. The FY2005 request for ICE of $3,307 million represents an 11% increasefrom the enacted FY2004 level. Though Table 5 indicates that the FY2005 requestfor ICE consitutes a 2.9% decrease from the enacted FY2004 level, this is due to achange in accounting for the fee receipts used to offset the expenses of the FPS. Ifthe offsets are applied to the enacted FY2004 level in the same manner in which theFY2005 offsets are applied (zeroing out FPS funding in FY2004), ICE actuallyreceives an increase of nearly 11% from the FY2004 enacted level. Using this sameaccounting, H.Rept. 108-541 recommended $3,364 million for ICE, representing a$57 million increase over the Administration's request and a $381 million or 13%increase from the enacted FY2004 level. S.Rept. 108-280 recommended $3,410million for ICE, $46 million more than provided by H.Rept. 108-541 , $103 millionmore than requested, and a 14% increase compared to the FY2004 enacted level. ICE has six budget accounts into which its funding is appropriated: Salaries andExpenses; FPS; FAMS; Automation Modernization; Air and Marine Operations(AMO); and Construction. The bulk of ICE's funding is provided through theSalaries and Expenses account, which is separated into three activities:Investigations; Detention and Removal; and AMO (which has now been transferredto CBP).

The Investigations program focuses its resources on the investigation of numerous national security, financial and smuggling violations including contrabandsmuggling; human trafficking; money laundering; commercial fraud; identity andbenefit fraud; and the illegal trafficking of weapons and critical technology. TheAdministration requested $78 million (355 FTE) over base resources for thefollowing Investigations program initiatives:

$16 million (65 FTE) for compliance teams to analyze data generated from the Student Exchange and Visitor Information System (SEVIS) andUS-VISIT (fully funded by P.L. 108-334 , and the House and Senatereports);

$14 million (90 FTE) for International Affairs of which $10million is to support the new Visa Security Unit, and the remaining $4 million isrequested to replace funding previously provided through the Examination FeeAccount (fully funded by P.L. 108-334 , and the House and Senatereports);

$25 million to support benefit fraud operations, requested toreplace funding previously provided by the Examination Fee Account (fully fundedby P.L. 108-334 , but not funded by the Senate); and

$23 million for worksite enforcement (funded at $5 million by P.L. 108-334 , funded by the House at $15.6 million, and not funded by the Senatereport).

The Detention and Removal program is responsible for ensuring that all removable aliens depart the U.S. The Administration requested, and P.L. 108-334 fully funds, $108.2 million (342 FTE) over base resources for the followingDetention and Removal program initiatives:

$30 million (140 FTE) to expand the Institutional Removal Program nationally to all Federal, State, and local institutions housing criminalaliens;

$50 million (118 FTE) to continue implementation of theNational Fugitive Operations Program (NFOP) which seeks to reduce the fugitivealien population over the next six years;

$11 million (30 FTE) to establish alternatives to detention thatinclude additional non-traditional family and female-friendly detention settings andestablish community supervision operations (the House report provides an additional$5 million above the request, which was not funded by P.L.108-334 );

$6 million (40 FTE) for the Legal Program to eliminate thebacklog of matters pending in the Immigration Court;

$6.2 million to fund DHS's efforts to interdict illegal alienmigrants in the Caribbean region; and

$5 million (14FTE) for additional detention bed space ( P.L.108-334 provides an additional $16.5 million above the House and Senaterecommendations for a total of $20.5 million above the request)(the House andSenate reports both recommended an additional $5 million above therequest).

AMO utilizes an integrated and coordinated air and marine force to identify, deter, interdict, and investigate acts of terrorism and the unlawful smuggling ofpeople or goods across U.S. borders. The Administration requested, and P.L.108-334 fully funds, $40.5 million for the following AMO program initiatives thathave been transferred to CBP:

$28 million to increase the number of P-3 (a radar equipped aircraft) flight hours which will be allocated to the Caribbean to support counternarcotics programs in source countries (Columbia Airbridge Denial Program);and

$12.5 million for long range radar to support drug interdictionefforts along the southern border.

P.L. 108-334 also provides AMO with an additional $3 million for AMO's National Capital Region Coordination Center (NCRCC) and National Capital Regionair branch. H.Rept. 108-541 provided an additional $5 million in ICE's Salaries andExpenses Account, for AMO's NCRCC and National Capital Region air branchoperations; this additional amount was not provided by S.Rept. 108-280 .

The Administration did not request additional funding for new initiatives for the FAMS, FPS, Automation Modernization, or Construction accounts. However, P.L.108-334 provides, and H.Rept. 108-541 and S.Rept. 108-280 each recommended atotal increase of $60 million for Federal Air Marshals: $50 million in the FAMSaccount for FAMS operations; and $10 million under the Directorate of Science andTechnology for the FAMS air-to-ground communications system.

Transportation Security Administration(TSA). P.L. 108-334 provides a net appropriation of $3,260 millionfor TSA. The Administration's net FY2005 request for TSA of $2,752 millionrepresents a 9.7% increase over the enacted FY2004 level of $2,508 million. According to TSA, this increase does not include funding to expand currentprograms, nor does it fund any new program initiatives. (16) Instead, this increase iscomprised primarily of annualizations of prior year funding and pay inflation.

H.Rept. 108-541 recommended a net appropriation of $3,225 million for TSA. While this appears to be a $473 million increase over the FY2005 request, and a 29%increase over the enacted FY2004 level, H.Rept. 108-541 in fact recommendsincreases totaling $73 million. According to S.Rept. 108-280 , the Administrationbudget request included a $400 million increase in aviation security fees. However,neither House nor Senate reports funded this request, instead they recommended the$400 million in appropriated funds. Table 5 reflects the amounts contained in P.L.108-334 , H.Rept. 108-541 and S.Rept. 108-280 . S.Rept. 108-280 recommended atotal appropriation of $3,337 for TSA for FY2005. However, during floor debate for H.R. 4567 , the Senate adopted amendment 3598 which added $75million to TSA for baggage screening activities.

Within the Aviation Security Account, P.L. 108-334 provides $22 million over the request for Passenger Screening, while the House recommended $10 million lessthan requested and the Senate report recommended $50 million more than requested. For Baggage Screening, P.L. 108-334 provides $75 million above the request; whilethe House recommended $29 million above the Administration's request and theSenate in S.Rept. 108-280 recommended $60 million above the request for thepurchase and installation of EDS/ETD equipment. For Airport Security Directionand Enforcement, P.L. 108-334 provides $12 million less than requested, while theHouse recommended an additional $3 million above the request for aviationregulation and other enforcement, and an additional $10.4 million above the requestfor air cargo security; and the Senate recommended $38 million above theadministration's request, of which $25 million is for airport information technologyand support, and $13 million is for air cargo security activities.

United States Coast Guard. (17) TheCoast Guard is the lead federal agency for the maritime component of homelandsecurity. As such, it is the lead agency responsible for border and transportationsecurity as it applies to U.S. ports, coastal and inland waterways, and territorialwaters. The Coast Guard also performs other missions, including some (such asfisheries enforcement) not related to homeland security.

P.L. 108-334 provides $7,373 million for the Coast Guard for FY2005. This amount includes a rescission of $16 million of funding previously appropriated inFY2004 for Rescue 21 because of contract delays and high unobligated balances forthat program. The total FY2005 request for the Coast Guard of $7,335 millionrepresents an 8.5% increase over the enacted FY2004 level of $6,764 million. H.Rept. 108-541 provides $7,307 million for the Coast Guard, representing adecrease of $29 million compared to the Administration's request, and an increaseof $542 million or 8% compared to the FY2004 enacted level. H.Rept. 108-541 includes a rescission of $33 million of unexpended funds appropriated in FY2003and FY2004 for Maritime Patrol Aircraft under the Deepwater Program. S.Rept.108-280 provides $7,469 million for the Coast Guard (this amount does not includethe $33 million rescission contained in H.R. 4567 ). There is adifference of $162 million ($129 million after accounting for the rescission in H.R.4567) between the amounts provided the Coast Guard in the House-passed H.R.4567, and S.Rept. 108-280 .

The Administration has requested increased funding for several FY2005 Coast Guard initiatives. The requested amounts and the funding levels provided by P.L.108-334 , H.Rept. 108-541 , and S.Rept. 108-280 include the following:

$102 million to facilitate the development, review, and approval of port and maritime security plans required by the Maritime TransportationSecurity Act (MTSA) ( P.L. 108-334 , H.Rept. 108-541 and S.Rept. 108-280 fullyfund this request);

$27 million for the Rescue 21 Project, which is recapitalizingthe Coast Guard's coastal zone communications network (not funded by P.L.108-334 or H.Rept. 108-541 , but fully funded by S.Rept.108-280 );

$10 million for the Integrated Deepwater Program (fully funded by P.L. 108-334 , H.Rept. 108-541 and S.Rept.108-280 ); (18)

$10 million for a pay and performance demonstration project(not funded by P.L. 108-334 , H.Rept. 108-541 , but fully funded by S.Rept.108-280 );

$6 million for the Great Lakes Icebreaker Project (fully fundedby P.L. 108-334 , H.Rept. 108-541 and S.Rept. 108-280 ); and

$2 million to arm existing helicopter assets at Air Station CapeCod, as prototypes for arming all Coast Guard helicopters (fully funded by P.L.108-334 , H.Rept. 108-541 , and S.Rept. 108-280 ).

Additionally, with regard to research and development, H.Rept. 108-541 transferred $13.5 million to the S&T Directorate (as requested), while S.Rept.108-280 recommended $18.5 million for research and development under the CoastGuard (deferring the transfer pending the completion of a study). P.L. 108-334 provides $18.5 million for research and development funding in the Coast Guardaccount.

United States Secret Service. P.L. 108-334 provides $1,175 million for the Secret Service. This amount includes arescission of $700,000 of previously appropriated FY2004 funds. This amount alsoincludes "not less than $5 million above the request for National Security SpecialEvents (NSSE)," (the conferees also stated that the foreseeable costs of the NSSEsshould be funded from within the Secret Service's base budget); $2.1 million forforensic support to the National Center for Missing and Exploited Children(NCMEC); and an additional $3 million above the request for the training andsupport of new special agents assigned to the Electronic Crimes Task Force (ECTF).

The FY2005 request was $1,163 million, and represented a 2.5% increase over the enacted FY2004 level. The Administration did not request additional funding forSecret Service initiatives for FY2005. H.Rept. 108-541 recommended a total of$1,184 million for the Secret Service, representing an increase of $20 million overthe Administration's request. This recommended increase included $10 million tosupport Secret Service operations concerning NSSEs; $5 million for ElectronicCrimes Task Forces (ECTF); and $5 million in transfers for grant assistance for theNational Center for Missing and Exploited Children (NCMEC). S.Rept. 108-280 recommended $1,163 million, $11 million less than amounts recommended by H.Rept. 108-541 . The amounts recommended by S.Rept. 108-280 did not includethe requested additional $10 million for NSSE, which the committee stated shouldbe funded from within the base budget. S.Rept. 108-280 also did not fund therequested increase for the ECTF, but did include the $5 million for the NCMEC.

Title III: Preparedness and Recovery

The DHS Emergency Preparedness and Recovery (EPR) (19) functions are intendedto improve the nation's capability to reduce losses from all disasters, includingterrorist attacks. EPR promotes the effectiveness of emergency responders; supportsthe Nuclear Incident Response Teams through standards, training exercises, andprovision of funds to named federal agencies; coordinates the federal response aftercatastrophic disasters by managing, directing, overseeing, and coordinating specifiedfederal resources; aids recovery efforts; contributes to the development of nationalpreparedness and planning efforts; consolidates existing federal response plans intoa single plan; and develops programs for interoperative communications foremergency responders. EPR also incorporates all activities formerly administeredby the Federal Emergency Management Agency (FEMA).

Table 6 includes funds expended during FY2004 for these functions, and compares them to amounts requested and appropriated for FY2005. P.L. 108-334 provides a total of $9,491 for FY2005 for activities funded under Title III. TheAdministration requested a total of $9.2 billion for FY2005 activities funded underTitle III, representing a 31.5% decline compared with the enacted FY2004 level. Oneexplanation for that decrease is that, the enacted FY2004 amount included anadvance appropriation (20) of $4.7 billion for ProjectBioShield (21) but limited the currentyear (FY2004) obligation of these funds to $884 million. The FY2005 requestcontained an obligation limitation of $2.5 billion for Project BioShield, which wasadopted by the conference and approved in P.L. 108-334 . H.Rept. 108-541 recommended $9,500 million for Title III; while the Senate-passed version of H.R.4567 recommended $9,792. H.Rept. 108-541 and S.Rept. 108-280 transfer andmerge the ODP with the Office of State and Local Government Coordination into anew organization called the Office for State and Local Government Coordination andPreparedness (OSLGCP); P.L. 108-334 also reflects this new organization. Duringfloor debate, the Senate added two amendments, which increased appropriations forOSLGCP by $284 million in the Senate-passed version of H.R. 4567 ,for a Title III total of $9,792 million.

Emergency Preparedness and Response (EPR). P.L. 108-334 provides $5,499 for EPR. This amountincludes a rescission of $5 million in funds previsouly appropriated by P.L. 108-11 . (22) The Administration requested increased funding for the following FY2005 EPRinitiatives, which are fully funded by P.L. 108-334 , H.Rept. 108-541 , and S.Rept.108-280 :

$8 million in new budget authority for four Incident Management Teams; and

$7 million for the development and implementation of theNational Incident Management System (NIMS).

P.L. 108-334 provides $240 million for preparedness, mitigation, response and recovery, of which

$30 million is provided for Urban Search and Rescue Teams;

$2 million is provided in support of EPR's Emergency Housingplan; and

$15 million is provided for the NIMS.

P.L. 108-334 also includes

$203 million for Administrative and Regional Operations;

$34 million for Public Health Programs;

$2,042 million for Disaster Relief (does not include $70 millionfor the American Red Cross as recommended by the Senate which are addressed inthe FY2004 emergency supplemental) (23) ;and

$153 million for Emergency Food and Shelter.

Both the House and Senate reports propose a $447 million decrease for Public Health Programs, funding only one of the three components at the FY2004 enactedlevel, and transferring budget authority for the other two. The National DisasterMedical System receives level funding of $34 million in both reports; P.L. 108-334 also provides $34 million. Both the House and Senate reports stated concurrencewith the Administration proposal to return budget authority for the Strategic NationalStockpile (funded at $400 million in FY2004) to the Department of Health andHuman Services (HHS). Funding for the stockpile had been transferred from HHSto DHS by the Homeland Security Act, P.L. 107-296 . The Metropolitan MedicalResponse System (MMRS) grants, slated for elimination in the FY2005 budgetrequest, are transferred to the OSLGCP, though only the House provides funding forthe program, maintaining the FY2004 level of $50 million. P.L. 108-334 provides$30 for MMRS grants under OSLGCP.

Office of Domestic Preparedness (ODP) or Office of State and Local Government Coordination and Preparedness(OSLGCP). (24) ODP has primaryresponsibility for preparing firstresponders and public safety officials for terror-related or weapons of massdestruction event, and for administering grants to state, local, tribal, and regionaljurisdictions. On January 26, 2004, the Secretary of DHS sent a reorganizationproposal to Congress consolidating grants formerly in the TSA (port security grants),and in FEMA (Emergency Performance Grants) under ODP. This is a part of theAdministration's effort to position ODP as the 'one-stop shop' for preparednessassistance. As mentioned above, the FY2005 $3.6 billion request for ODP wouldhave been a net decrease of 11.3% from the enacted FY2004 level. H.Rept. 108-541 recommended a total of $4,065 million for the OSLGCP, an increase of $504 millionover the request. In addition, prior to passage, the House adopted H.Amdt. 568 , which transferred $50 million from Title I, to theFirefighter Assistance account for the Staffing for Adequate Fire and EmergencyResponse Firefighters (SAFER) program. (25) Thisbrought the total recommended bythe House-passed version of H.R. 4567 for the OSLGCP to $4,115million. S.Rept. 108-280 recommended a total of $3,750 million for OSLGCP, or$365 million less than provided by H.Rept. 108-541 , and $189 million more thanrequested. However, as mentioned above, during floor debate the Senate added twoamendments, which increased appropriations for OSLGCP by $284 million in theSenate-passed version of H.R. 4567. The Senate-passed version of H.R. 4567recommended a total of $4,134 million for OSLGCP. P.L. 108-334 provides $3,985million.

As shown in Table 6 , P.L. 108-334 provides $3.5 million for OSLGCP Salaries and Expenses compared to the $25 million recommended by the Senate, and the $41million recommended by the House. The conferees agreed to provide $4 million,and note that management and administrative expenses are provided as a percentageof the formula-based grants.

P.L. 108-334 provides $3,086 for State and Local Programs. The main categories of grants provided under this account include: Formula-based Grants;Discretionary Grants; and National Programs.

P.L. 108-334 provides $1,500 million for Formula-based grants, including

$1,100 million for the formula-based grants themselves; and

$400 million for Law Enforcement Terrorism PreventionGrants.

P.L. 108-334 provides $1,200 million for Discretionary Grants, including

$885 million for High-Threat, High-Density Urban Area Grants;

$150 million for Rail and Transit SecurityGrants;

$150 million for Port Security Grants;

$10 million for Intercity Bus Security Grants; and

$5 million for Trucking Security Grants.

P.L. 108-334 provides $336 million for National Programs, including

$135 million for the National Domestic Preparedness Consortium;

$52 million for the National ExerciseProgram;

$30 million for the Metropolitan Medical ResponseSystem;

$30 million for Technical Assistance;

$30 million for Demonstration TrainingGrants;

$25 million for Continuing TrainingGrants;

$15 million for Citizen Corps; and

$5 million for the Rural Domestic PreparednessConsortium.

P.L. 108-334 also provides $715 million for Firefighter Assistance Grants; of which $65 million is for the Staffing for Adequate Fire and Emergency ResponseFirefighters (SAFER) program.

Table 6. Title III: Preparedness andRecovery ($ in millions)

Source: P.L. 108-334 ; H.R. 4567 passed by the House June 18, 2004;H.R. 4567 passed by the Senate September 14, 2004; S. 2537 introducedby the Senate June 17, 2004.

Note: Rounding may affect totals.

a. During the floor debate to the Senate-passed version of H.R. 4567 , the Senate adopted amendments providing $178 million in additional funds(over what was recommended in S.Rept. 108-280 ) for State and LocalPrograms: S.Amdt. 3616 provided $50 million; and S.Amdt. 3618 provided $128 million.

b. This funding was appropriated and funded under the Undersecretary forManagement and ODP for FY2003 and FY2004 ($32.9 million), the requestedamount for FY2005 is ($41.9 million).

c. The Administration proposed that for FY2005 Emergency Management Performance Grant (EMPG) funding move from EPR to the Office of State andLocal Government Coordination and Planning (OSLGCP). The Administrationrequested and in H.R. 4567 the House provided a total of $170million for EMPG under the State and Local Program Account in the OSLGCP. S.Rept. 108-280 provides $180 million for EMP grants as a separate accountunder OSLGCP. The Senate-passed version of H.R. 4567 included anadditional $58 million for EMP grants as noted below.

d. During the floor debate on the Senate-passed version of H.R. 4567 ,the Senate adopted amendments providing $58 million in addition to the $180million recommended in S.Rept. 108-280 for EMPG: S.Amdt. 3616 provided $20 million ; and S.Amdt. 3618 provided $36million.

e. Prior to passage, the House adopted H.Amdt. 568, which transferred $50 millionfrom Title I to this account for the Staffing for Adequate Fire and EmergencyResponse Firefighters (SAFER) program.

f. During the floor debate on the Senate-passed version of H.R. 4567 ,the Senate adopted amendments providing $150 million above the $700 millionprovided in S.Rept. 108-280 : S.Amdt. 3616 provided $50 million for FirefighterAssistance; and S.Amdt. 3630 provided $100 million for SAFER.

g. For FY2005 the Strategic National Stockpile (funded at $400 million in FY2004)has been transferred to the Department of Health and Human Services, and theMetropolitan Medical Response System (funded at $50 million in FY2004) hasbeen transferred to the OSLGCP.

h. Fully funded through offsetting fee collections at $113 million under theAdministration's request, H.R. 4567 and S. 2537 .

i. The Administration requested that the flood mitigation and the Pre-disasterMitigation program be merged into one account, Mitigation Grants. The Housedid not accept this merger proposal, and provided funding under the twoseparate sub-accounts. The Senate accepted the proposal, and funds both theNational Flood Mitigation and the National Pre-disaster Mitigation Fund underthe Mitigation Grants account. The $150 million provided by the Senate doesnot include $20 million in transfers from the National Flood Insurance Fund. Hazard Mitigation Grant Program would continue to be funded through thedisaster relief fund. The $100 million provided by the conference also does not include $20 million in transfers.

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

Activities funded by Title IV include the Bureau of Citizenship and Immigration Services (CIS); Information Analysis and Infrastructure Protection (IAIP); FederalLaw Enforcement Training Center (FLETC); and the Science and TechnologyDirectorate (S&T).

Table 7 shows amounts provided for these functions in FY2004 together with the amounts requested and appropriated for FY2005. P.L. 108-334 provides $2,392million for the activities of Title IV, including: $160 million in net appropriations forCIS; $894 million for IAIP; $222 million for FLETC; and $1,115 million for S&T. The Administration requested a total of $2.24 billion dollars for Title IV for FY2005. This represented a 3% increase over the FY2004 enacted level of $2.17 billion. H.Rept. 108-541 recommended a total of $2,368 million for Title IV, representingan increase of $128 million compared to the request, and a 9% increase compared tothe enacted FY2004 level. S.Rept. 108-280 recommended $2,309 million for TitleIV, $59 million less than provided by H.Rept. 108-541 , and $69 million more thanrequested by the Administration. During floor debate on H.R. 4567 , theSenate adopted an amendment that reduced Title IV funding by $30 million. Thislowered overall Title IV Senate recommendation to $2,279 million.

Table 7. Title IV: Research and Development, Training, Assessments, and Services ($ in millions)

Source: P.L. 108-334 ; H.R. 4567 passed by the House June 18, 2004;H.R. 4567 passed by the Senate September 14, 2004; S. 2537 introducedby the Senate June 17, 2004.

Note: Rounding may affect totals.

Citizenship and Immigration Services (CIS). When the former INS was disbanded and split, the inspectionand enforcement functions were placed in CBP and ICE respectively, and theimmigration service functions were placed in a new agency named Citizenship andImmigration Service. CIS is responsible for providing immigration information andbenefits to eligible individuals. The Administration requested an additional $60million to support efforts to reduce the backlog in processing immigration benefitapplications. H.Rept. 108-541 recommended a net appropriation of $160 million forCIS. This fully funded the Administration's request and provides an additional $20million to convert old immigration records into electronic form (adopted by theconference, and included in P.L. 108-334 ). S.Rept. 108-280 provides $140 millionfor CIS, and does not included the additional $20 million for record conversioncontained in H.Rept. 108-541 .

Information Analysis and Infrastructure Protection (IAIP). IAIP's primary responsibilities include integratingcomprehensive terrorist threat information and mapping that information againstcritical infrastructure vulnerabilities; issuing warnings and advisories; andrecommending preventative and protective actions against threats. The IAIP FY2005request of $865 million represented a 3.7% increase from the enacted FY2004funding level of $834 million. P.L. 108-334 provides $894 million for IAIP. H.Rept.108-541 recommended a total of $855 million for IAIP, representing a $10 milliondecrease compared to the Administration's request, and a 2.5% increase over theenacted FY2004 level. S.Rept. 108-280 recommended $876 million for IAIP, $21million more than provided in H.Rept. 108-541 , and $11 million more thanrequested. The Administration requested, and P.L. 108-334 , H.Rept. 108-541 , and S.Rept. 108-280 fully fund the following FY2005 IAIP initiatives:

$11 million for the Bio-Surveillance Initiative (26) which willallow IAIP to integrate data from various agencies to enhance IAIP's situationalawareness of the health of the population, animals, plants, food supply, andenvironment;

$10 million for renovations and upgrades to the currentHomeland Security Operations Center; and

$2 million for cyber exercises to test the critical infrastructuresof the nation to potential cyber attacks.

P.L. 108-334 also provides $762 million for Assessments and evaluations, including

$107 million for Critical Infrastructure outreach and partnerships;

$78 million for Critical Infrastructure identification andevaluation;

$20 million for the National Infrastructure Simulation andAnalysis Center (NISAC);

$192 million for Protective Actions;

$11 million for Biosurveillance;

$67 million for Cyber Security;

$140 million for National Security Emergency PreparednessTelecommunications;

$4 million for Competitive Analysis andEvaluation;

$22 million for Threat Determination andAssessment;

$71 million for Infrastructure Vulnerability and RiskAssessment;

$14 million for Evaluation and Studies; and

$35 million for the Homeland Security OperationsCenter.

Federal Law Enforcement Training Center (FLETC). FLETC offers law enforcement training programs tofederal, state, and local law enforcement entities. P.L. 108-334 provides $222million for FLETC. The FY2005 request for FLETC of $196 million representeda 2.6% increase over the FY2004 enacted level of $192 million. The Administrationrequested an increase of $2 million to complete the construction of the Harper's FerryTraining Center (HFTC). H.Rept. 108-541 recommended a total of $221 million forFLETC, representing an increase of $25 million compared to the Administration'srequest, and 15.1% increase compared to the enacted FY2004 level. This increasewas comprised of $23 million in funds transferred from CBP for the Charleston,South Carolina Training Facility; and $2 million for the DHS pay and performancedemonstration project. S.Rept. 108-280 recommended $224 million for FLETC. S.Rept. 108-280 did not include the requested $2 million to complete constructionat the HFTC; but does include the $23 million transfer for CBP's Charleston facility,and the $2 million for the pay and performance demonstration. S.Rept. 108-280 alsoincludes an additional $5 million for the construction of perimeter security atFLETC's Artesia firearms range.

Science and Technology Directorate (S&T). The S&T Directorate is tasked with the research,development, testing, and evaluation of homeland security capabilities. S&T alsocoordinates with federal, state and local government and the private sector to conductits activities. As mentioned above, S&T is requesting the largest increase in fundingof all the Title IV components. The FY2005 request of $1,039 million representeda 13.8% increase over enacted FY2004 funding. P.L. 108-334 provides $1,115million for S&T. H.Rept. 108-541 recommended a total appropriation of $1,132million for S&T, (including the $11 million transfer of SAFECOM funds from DTI)representing an increase of $93 million compared to the Administration's request,and 9% above the enacted FY2004 level. S.Rept. 108-280 recommended $1,069million for S&T, $63 million less than the amounts recommended by H.Rept.108-541 , and $31 million above the requested amount.

P.L. 108-334 provides $1,047 million for S&T Research and Development, including

$363 million for biological countermeasures;

$123 million for nuclear and radiologicalcountermeasures;

$53 million for chemicalcountermeasures;

$20 million for high explosivescountermeasures;

$66 million for threat and vulnerability, testing andassessment;

$27 million for critical infrastructureprotection;

$55 million for conventional missions in support of DHS(includes transfers from the consolidated transfer account);

$76 million for the rapid prototypingprogram;

$40 million for standards;

$ 11 million for emerging threats;

$70 million for university programs and homeland securityfellowship programs;

$35 million for the National Biodefense Analysis &Countermeasures Center (NBAC);

$61 million for counter MANPADS;

$10 million for the SAFETY Act;

$18 million for cyber security; and

$21 million for interoperability andcommunications.

Related Legislation

This section of the report discusses legislative proposals related to the FY2005DHS appropriations.

FY2005 Budget Resolution, S.Con.Res. 95 /H.Con.Res. 393

The concurrent resolution sets forth the congressional budget for FY2005. The resolution proposes federal budget levels for FY2005 through FY2009. On May 19,2004, the House agreed to the conference report to S.Con.Res. 95 . TheSenate did not adopt the conference agreement before the end of FY2004. (27)

The Senate passed its version of the budget resolution, S.Con.Res. 95 , on March 12, 2004. H.Con.Res. 393 ( H.Rept. 108-441 ) was passedby the House on March 25, 2004. On March 29, 2004, the House incorporated theprovisions of H.Con.Res. 393 into S.Con.Res. 95 , whichthen passed the House.

H.Con.Res. 393 (and the House-passed version of S.Con.Res. 95 ) contains a new budget function '(100) HomelandSecurity'. In the report accompanying H.Con.Res. 393 ( H.Rept.108-441 ) the House Committee on Appropriation states that the additional functionalcategory is necessary because "homeland security has become an important separatespending category." (28) According to H.Rept.108-441 , Function 100 comprises allhomeland security spending in the federal government, except the portion providedby the Department of Defense. H.Rept. 108-441 also states that approximately 58%of federal government spending on homeland security "occurs in the Department ofHomeland Security." The Senate-passed version of S.Con.Res. 95 does not containa new budget function for homeland security. The conference agreement H.Rept.108-498 does not include a new budget function for Homeland Security.

Selected Websites

The following websites are specific to either homeland security or the budget:

House Select Committee on Homeland Security http://hsc.house.gov

Congressional Research Service (CRS) Issues on Homeland Security http://www.crs.gov/products/browse/is-homelandsecurity.shtml

Department of Homeland Security (DHS) http://www.dhs.gov/dhspublic/ http://www.dhs.gov/dhspublic/display?theme=12

White House http://www.whitehouse.gov/homeland http://www.whitehouse.gov/infocus/budget/index.html

House Committees http://appropriations.house.gov/ http://www.house.gov/budget/

Senate Committees http://appropriations.senate.gov/ http://www.senate.gov/~budget

Congressional Budget Office

http://www.cbo.gov

Congressional Research Service (CRS ) http://www.crs.gov/products/appropriations/appage.shtml

General Accounting Office (GAO) http://www.gao.gov

Government Printing Office (GPO) http://www.gpoaccess.gov/usbudget/index.html

Office of Management and Budget (OMB) http://www.whitehouse.gov/omb/budget/index.html http://www.whitehouse.gov/omb/legislative/sap/index.html