Senate Appropriations Committee Approves FY 2011 Bill, More for ICE, Less for DNDO

Although the Senate Appropriations Committee has approved S. 3607, it is not yet in effect. Generally, in order for a bill to be implemented, identical versions of that bill must be passed by both the House and Senate, and then the bill must be approved (enacted) by the President.

The following are highlights of the ICE, and certain other DHS provisions in the Senate Appropriations Committee's (Committee's) bill (S. 3607) and report² (S. Rept. 111-222).

(See ITT’s Online Archives or 07/23/10 news, 10072339, for BP summary of CBP provisions in S. 3607 and the report. See ITT’s Online Archives or 07/28/10 news, 10072829, for BP summary of the TSA provisions in S. 3607 and the report.)

Immigration and Customs Enforcement

$114 Million More Recommended for ICE

According to the report, the Committee is recommending $5.6 billion in total appropriations for ICE in FY 2011, $114 million more than what was appropriated in FY 2010.

Funding for IPR Coordination Center and Other IPR Enforcement

The Committee’s bill would provide $5 million for the Intellectual Property Rights Coordination Center and an additional $5 million above the Administration’s FY 2011 budget request for additional special agents nationwide to investigate intellectual property rights.

Funding for Forced Child Labor Enforcement

S. 3607 would provide $15.7 million for activities to enforce laws against forced child labor.

Additional Funds, Staff for SW Border Activities Recommended

The Committee recommends $30 million and additional staff to enhance ongoing efforts to combat criminal activities which pose a threat to the U.S. along the Southwest border. These funds would be used to increase enforcement activities and investigations at ICE’s BESTs, target human, contraband, weapon, and bulk cash smuggling, with a focus on terrorist groups, drug trafficking organizations, criminal aliens, and transnational gangs.

Domestic Nuclear Detection Office

DNDO Funding Would Decrease by $60 Million

For FY 2011, the Committee’s bill would provide $323 million for DHS’ Domestic Nuclear Detection Office, $60 million less than was appropriated in FY 2010. The Committee’s recommended increase for DNDO systems acquisition would more than offset by its recommended decreases for DNDO research, development, and operations.

Committee Encourages DNDO to Address Threats Beyond Cargo Containers

The Committee believes DNDO must aggressively pursue its preventive radiation/nuclear detection mission, and go beyond addressing the potential threat posed by the use of cargo containers to transport nuclear or radioactive materials or weapons. It is critical that DNDO prioritize its efforts based on risk and with attention to pathways such as general aviation, the maritime domain, land border threats, including rail, and in areas between ports of entry, and in urban areas and critical locations in the U.S. interior.

Funding for DNDO’s Radiation Portal Monitor Program

The Committee recommendation includes $20 million for the Radiation Portal Monitor (RPM) program. This amount, in addition to remaining unobligated balances, would allow DNDO to address a significant RPM gap in coverage at U.S. seaports, land ports, airports, and rail entrances.

Funding for Acquisition and Deployment of Radiological Detection Systems

S. 3607 would provide $78 million for expenses for the DNDO acquisition and deployment of radiological detection systems in accordance with the global nuclear detection architecture. However, none of the funds appropriated under this heading in this Act or any other Act shall be obligated for full-scale procurement of advanced spectroscopic portal (ASP) monitors until the Secretary of Homeland Security submits to the House and Senate Appropriations Committees a report certifying that a significant increase in operational effectiveness will be achieved by such obligation. See bill for other restrictions on ASP monitor procurements.

Increased Funding for Human Portable Radiation Detection Systems for CBP

The Committee recommendation includes $38 million for the Human Portable Radiation Detection Systems program. The recommendation is an increase of $38 million above the FY 2010 level and $15 million below the level proposed in the Administration’s FY 2011 budget request. The reduction reflects the delay in the procurement schedule to acquire next generation personal radiation detectors for U.S. Customs and Border Protection. The Committee states that it supports efforts by DNDO to purchase handheld and backpack units for border, maritime, and interior requirements.

Committee Directs DNDO to Continue Quarterly Briefings

The Committee directs DNDO to continue quarterly briefings on:

• progress in developing architecture to guide technology research and applications; the status of such technologies, including their strengths and weaknesses; and timetables to develop and deploy them; and
• development of the Cargo Advanced Automated Radiography Systems and Joint Integrated Non Intrusive Inspection programs; red team exercises and assessments, including vulnerabilities identified and recommendations for addressing them; the progress in the Human Portable Radiation Detection System development effort, including operational testing and production of new technology for advanced operations; and progress in developing alternatives to existing detection materials and systems, in particular progress in finding alternatives to neutron detectors based on Helium-3.

Committee Urges More Progress in Scanning On-Dock Rail Cargo

In its report, the Committee is aware of the particular challenges faced when attempting to scan incoming containerized cargo at port facilities utilizing on-dock rail, as well as DNDO’s work at the Port of Tacoma Intermodal Radiation Test Center to identify technologies to address these challenges. The Committee is relieved that DNDO has recently begun the process to evaluate detectors incorporated into straddle carriers, such as those in use for the past several years at the Freeport Container Port, Bahamas. DNDO should move swiftly to complete any testing necessary to make a decision regarding operational deployments. DNDO is to report on its plans to complete its research scanning issues regarding on-dock rail no later than 90 days after the date of enactment.

Miscellaneous

Development of Technologies to Detect Radiological and Nuclear Materials

The Committee’s bill would provide $109 million for developing technologies for the detection of radiological and nuclear materials, and improving response and recovery from a nuclear event. The Committee strongly endorses the consolidation of this research area into the Science and Technology Directorate and directs S&T to conduct an independent review of all of the current research projects within this area and the state of technology development across the private sector before determining the research priorities for FY 2011. Two areas the Committee encourages S&T to review are simultaneous and passive radiation detection of shielded and unshielded nuclear materials, such as muon tomography, and advanced electron accelerator for nonintrusive detection of weapons of mass destruction. The Committee also includes bill language to transfer all available prior-year balances of transformational research and development from the DNDO to S&T.

Funding Prohibition in Contravention of Iran Sanctions Certification Requirement

The Committee strongly believes that no company doing business with Iran should receive U.S. Government contracts. Therefore, the bill prohibits the obligation of funds in this act in contravention of the new certification requirement established by new section 6(b) of the Iran Sanctions Act of 1996, which is to be included in revisions to the Federal Acquisition Regulation pursuant to that section. The revised FAR will require a certification from each prospective contractor that it does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. Section 6(b) of the Iran Sanctions Act of 1996 was added by section 102(b) of the recent Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010.

Buy American Act Restriction

S. 3607 states that none of its funds may be used in contravention of the applicable provisions of the Buy American Act (41 U.S.C. 10a et seq.).

¹FY 2011 is from October 1, 2010 through September 30, 2011.

²Although reports such as S. Rept. 111-222 do not have statutory force and departments and agencies are not legally bound by their declarations, they do explain congressional intent, and executive branch agencies take them seriously because they must justify their budget requests annually to the Appropriations Committees.