Making Supplemental Appropriations for the Fiscal Year Ending September 30, 2009, and for other Purposes
49-662 PDF
Calendar No. 62
111TH CONGRESS
Report
SENATE
1st Session
111-20
MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, AND FOR OTHER PURPOSES
May 14, 2009- Ordered to be printed
Mr. INOUYE, from the Committee on Appropriations, submitted the following
REPORT
[To accompany S. 1054]
The Committee on Appropriations reports the original bill (S. 1054) making supplemental appropriations for the fiscal year ending September 30, 2009, and for other purposes reports favorably thereon and recommends that the bill do pass.
SUMMARY OF OVERSEAS CONTINGENCIES
Southwest Border Initiatives
Since the President of Mexico initiated his efforts in 2008 to combat the drug trafficking organizations threatening his country and this hemisphere, more than 7,200 individuals have been killed and Mexican Government officials have been increasingly targeted. The U.S. Deputy Attorney General testified on March 25, 2009, that drug cartels have become the number one organized crime threat in America. The Department of Justice's December 2008 `National Drug Threat Assessment, 2009' stated that these drug cartels have infiltrated 230 cities across the United States. The border security and counterdrug efforts funded by the Congress in recent years have made it much more difficult and expensive for these drug cartels to conduct business. As increased enforcement efforts have resulted in arrests and dismantlement of many of these organizations, the remaining drug cartels have resorted to violence. Specifically, they have begun targeting each others' smuggling routes and loads of human and drug cargo.
In support of the Mexican Government's actions and in response to this violence and to prevent its spilling over into the United States, the administration has taken significant steps to send additional personnel and resources both to the Southwest border as well as the Government of Mexico. The Department of Homeland Security has redirected $184,000,000 in existing resources to send more Border Patrol agents and other security personnel to conduct outbound examinations of vehicles and containers to stem the smuggling of weapons and cash which arm and support the cartels. The Department of Justice has redirected $92,950,000 to relocate agents and other security personnel from the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service to the Southwest border to disrupt arms and drug trafficking and apprehend fugitive criminals.
The President requested $350,000,000 for unspecified purposes related to activities on the Southwest border. He requested that the funds be appropriated to the Department of Defense, for transfer to appropriate agencies. The Committee has included $350,000,000 for specific purposes in the relevant Departments. These initiatives are summarized here and detailed in the respective titles.
To support the effort to combat violence and drug trafficking on the Southwest border, and also ensure that security gaps are not created elsewhere in this country, the Committee includes a total of $250,000,000 in additional resources to further address this problem. The Committee includes $140,000,000 for the Department of Homeland Security to hire additional investigators, officers, and intelligence personnel to expand Border Enforcement Support Teams and other anti-smuggling and anti-violence initiatives. Funds are also included for additional vehicle inspection and personal protection equipment, Coast Guard High Endurance Cutter maintenance, as well as to pay for overtime, temporary duty, and additional flight hours of surveillance equipment. Finally, funds are included for State, local, and tribal law enforcement agencies on the Southwest border to coordinate security efforts with the Federal Government.
The Committee includes $100,000,000 for the Department of Justice to hire additional agents and investigators to apprehend violent fugitives and drug traffickers. In addition, funds are included to upgrade technology to facilitate cooperation with Mexican law enforcement officials. Existing joint law enforcement investigations have resulted in the apprehension of high ranking members of drug cartels who are engaged in illicit gun trafficking and illegal drug smuggling. Funds are also included to provide additional security to Federal judges and other judicial personnel who have experienced heightened threats due to the escalating violence along the Southwest border. Finally, funds are included to cover detention costs of a significant increase in new bookings due to ramped up immigration enforcement and arrests of drug traffickers and violent gang members on the Southwest border. The Committee includes $10,000,000 for the Judiciary to help address the projected growth in the criminal caseload associated with the additional Immigration and Customs Enforcement, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, and Firearms agents and U.S. Attorneys that are being added to offices on the Southwest border.
In addition, the Committee includes $100,000,000 for the Department of Health and Human Services and the Department of Homeland Security for the increased costs of implementing the Trafficking Victims Protection Reauthorization Act, which became law on December 23, 2008. This law has resulted in the need to pay additional shelter and transportation costs for an estimated 3,400 additional unaccompanied alien children, primarily on the Southwest border.
TITLE II--SUBCOMMITTEE ON COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
DETENTION TRUSTEE
2009 appropriation to date
$1,295,319,000
2009 supplemental estimate
...........................
Committee recommendation
60,000,000
The Committee recommends $60,000,000 for detention costs due to increased enforcement on the United States-Mexico border. The Detention Trustee has seen an unanticipated significant increase of new bookings due to ramped-up immigration enforcement and arrests of drug traffickers and violent gang members on the Southwest border.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
2009 appropriation to date
$950,000,000
2009 supplemental estimate
...........................
Committee recommendation
10,000,000
The Committee recommends $10,000,000 for the United States Marshals Service. Of the funds provided, $4,000,000 is for U.S. Marshals to provide enhanced security for judges and other judicial personnel due to an increasingly dangerous environment on the Southwest border, $5,000,000 is for additional resources for the Marshals to apprehend criminals and drug traffickers who have fled to Mexico so they can be extradited and prosecuted in the United States, and $1,000,000 is to upgrade surveillance equipment used to monitor drug cartels and violent gang members.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
2009 appropriation to date
$1,939,084,000
2009 supplemental estimate
...........................
Committee recommendation
20,000,000
The Committee recommends $20,000,000 to expand Drug Enforcement Administration's [DEA] Sensitive Investigative Unit [SIU] program in Mexico. This program recruits, selects, and trains foreign police officers to work cooperatively with DEA to prevent the flow of illegal drugs into the United States.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
2009 appropriation to date
$1,054,215,000
2009 supplemental estimate
4,000,000
Committee recommendation
14,000,000
The Committee recommends $14,000,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF]. Of the funds provided, $4,000,000 is for the President's request to support ATF's role in the global war on terror in Iraq and Afghanistan, where ATF agents provide technical assistance to the military in identifying and dismantling Improvised Explosive Devices [IED], $4,000,000 is to upgrade technology to share ballistics evidence with Mexico to combat the escalation of violence on the Southwest border, and $6,000,000 is for Project Gunrunner, ATF's strategic initiative to deny firearms to criminal organizations in Mexico and along the Southwest border.
TITLE VI--SUBCOMMITTEE ON DEPARTMENT OF HOMELAND SECURITY
HOMELAND SECURITY
U.S. CUSTOMS AND BORDER PROTECTION
RESPONSE TO SOUTHWEST BORDER VIOLENCE
In response to an increase in reports of border violence on the Southwest border resulting from the Mexican Government's efforts to combat major drug trafficking organizations operating in that country, the Secretary of Homeland Security has redirected existing Departmental resources from other locations in the country to the border. This is an effective interim response, but is likely just the beginning of a longer-term effort to stem the violence and prevent it from spilling over into the United States. Recognizing this, the Committee recommends including an additional $40,000,000 in the following amounts for the following purposes:
--$30,000,000 to hire at least 125 CBP officers for deployment to ports of entry on the Southwest border, fund additional canine teams and deploy additional mobile response teams, procure equipment to assist in outbound inspections such as additional canopies, mobile license plate readers, protective equipment, and other supplies, and fund a portion of the overtime and temporary deployment costs associated with the increased level of border inspections associated with the addition of outbound activities.
--$10,000,000 to competitively procure additional non-intrusive inspection equipment for deployment to Southwest border facilities and U.S. Border Patrol checkpoints.
Prior to the obligation of these funds, the Committee directs the Secretary to submit an expenditure plan to the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days after the date of enactment.
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
RESPONSE TO SOUTHWEST BORDER VIOLENCE
In response to an increase in reports of border violence on the Southwest border resulting from the Mexican Government's efforts to combat major drug trafficking organizations operating in that country, the Secretary of Homeland Security has redirected existing Departmental resources from other locations in the country to the border. This is an effective interim response, but is likely just the beginning of a longer-term effort to stem the violence and prevent it from spilling over into the United States. In the long term, transferring ICE assets from other locations in the United States will undermine ICE investigations in other parts of the Nation. Recognizing this, the Committee recommends including an additional $55,000,000 in the following amounts for the following purposes:
--$35,000,000 for Border Enforcement Support Teams [BEST] to hire up to 150 investigators and support staff to backfill those temporarily moved from the interior of the United States to the Southwest border to improve enforcement of immigration and customs laws and reduce smuggling of guns, drugs, people, and money as well as additional funds for facilities costs related to expanding staffing along the Southwest border, and to accommodate other Federal, State, and local partners.
--$12,000,000 for intelligence activities to hire 15 new analysts to backfill those temporarily moved from the interior of the United States to the Southwest border, to expand capacity at field intelligence groups in key locations, and to deploy intelligence officers, research specialists, and other professionals in support of the BESTs, the Special Agent in Charge offices on the border, the gun smuggling investigation known as Armas Cruzadas, as well as ICE attaches located in Mexico.
--$3,000,000 for the Human Smuggling and Trafficking Center to cover ICE's costs for analysts and investigative support to track and dismantle human smuggling and trafficking organizations along the Southwest border.
--$4,000,000 for Detention and Removals Operations to cover increased healthcare and oversight costs related to proper care for and humane treatment of detainees.
--$1,000,000 for international operations to support attache officers in Mexico who work in liaison with the Mexican Government, as well as for five Mexican officers to support the international BESTS in San Diego, Yuma, Phoenix, Tucson, and Laredo.
Prior to the obligation of these funds, the Committee directs the Secretary to submit an expenditure plan to the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days after the date of enactment.
COAST GUARD
RESPONSE TO SOUTHWEST BORDER VIOLENCE
As part of the Committee's initiative to address Southwest border violence and the threat from drug trafficking organizations, $10,000,000 is recommended for the Coast Guard's High Endurance Cutter [HEC] maintenance backlog. These cutters play a primary role in the Coast Guard's drug interdiction strategy, which is focused on transit routes from source countries in the Caribbean and eastern Pacific Ocean. The HEC fleet of 12 cutters loses an average of 250 operational days per year due to unplanned maintenance, which is directly impacting the Coast Guard's ability to disrupt drug movements headed towards the United States. These funds will address high priority maintenance requirements enabling more reliable operations in the transit zone.
FEDERAL EMERGENCY MANAGEMENT AGENCY
STATE AND LOCAL PROGRAMS
2009 appropriations to date
$3,405,700,000
2009 supplemental estimate
...........................
Committee recommendation
$30,000,000
As part of the Committee's initiative to address Southwest border violence and the threat from drug trafficking organizations, the Committee recommends an additional $30,000,000 for Operation Stonegarden to assist State and local law enforcement agencies which may be impacted by the increased violence in Mexico and to help prevent its spilling over into the United States.
TITLE XI--SUBCOMMITTEE ON STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
DEPARTMENT OF STATE AND FOREIGN OPERATIONS
INTRODUCTION
The budget request totals $6,848,144,000 in supplemental funds for fiscal year 2009, and division H of the Omnibus Appropriations Act, 2009 (Public Law 111-8) provided $36,821,100,000 for immediate requirements. Additional bridge funding of $3,679,500,000 was provided for fiscal year 2009 in chapter 4 (subchapter B) of the Supplemental Appropriations Act, 2008 (Public Law 110-252), and $602,000,000 was provided in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).
The Committee recommendation for the Department of State and foreign operations totals $6,878,144,000, which is $30,000,000 above the budget request. These funds are made available to continue Department of State operations and meet urgent humanitarian, security and reconstruction needs in Afghanistan, Pakistan, Iraq, West Bank and Gaza, Lebanon, Mexico, and other countries that are important to United States national security interests.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
2009 appropriation to date
$1,074,000,000
2009 supplemental estimate
389,500,000
Committee recommendation
393,500,000
The Committee recommends an additional $393,500,000 for International Narcotics Control and Law Enforcement, which is $4,000,000 above the budget request.
The Committee intends these funds to be allocated according to the following table:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT [INCLE]
[Dollars in thousands]
-----------------------------------------------------------------------------------------------------------------------------------------------
Activity Fiscal year 2009 Supplemental request Committee recommendation Change from request
-----------------------------------------------------------------------------------------------------------------------------------------------
Merida Initiative--Mexico:
Purchase of three Blackhawk Helicopters 60,000 60,000
Logistical Support 6,000 6,000
Subtotal, Merida Initiative 66,000 66,000
Mexico- The Committee is increasingly concerned with the increase in drug-related violence in Mexico, and recommends $66,000,000, the amount requested, for the purchase, and 2 years of operations and maintenance costs, of three Blackhawk helicopters for the Mexican Public Security Secretariat. The Committee recommends that the administration prioritize the purchase, production and delivery of these helicopters. None of the funds appropriated in this title shall be used to purchase fuel for such aircraft, or to support the operations and maintenance costs of aircraft purchased by the Government of Mexico. The Committee notes that the Government of Mexico has not yet met the requirements for obligation of 15 percent of the assistance previously appropriated for Mexico under the Merida Initiative for fiscal years 2008 and 2009, relating to transparency, accountability and human rights. The Committee remains concerned that the Merida Initiative represents a one-dimensional approach to drug-trafficking and gang violence in Mexico and Central America, and that a more comprehensive strategy is needed that also addresses the underlying causes. The Committee supports interoperability between Mexican and United States law enforcement agencies, and urges relevant Federal agencies of Mexico and their counterparts in the United States to work to ensure that their communications systems use open standards and are capable of interoperating to maximize cooperation with respect to border security and law enforcement operations.
MIGRATION AND REFUGEE ASSISTANCE
2009 appropriation to date
$1,284,500,000
2009 supplemental estimate
293,000,000
Committee recommendation
345,000,000
The Committee recommends an additional $345,000,000 for Migration and Refugee Assistance, which is $52,000,000 above the budget request, for the assistance and resettlement needs of refugees and internally displaced persons [IDPs]. Of this amount, the Committee recommends $25,000,000 for returning refugees and IDPs in Afghanistan, $25,000,000 for such needs in Africa, $5,000,000 for refugees from Burma, $15,000,000 for IDPs in Sri Lanka, and $5,000,000 for IDPs in Colombia.
GENERAL PROVISIONS--THIS TITLE
MEXICO
SEC. 1108. This provision places limitations on certain assistance for Mexico and requires a report.
TECHNICAL PROVISIONS
SEC. 1118. Subsection (a) of this provision modifies a limitation in current law to permit assistance for Colombia through USAID's Office of Transition Initiatives. Subsection (b) applies the regular notification procedures to funds that are transferred to the Department of State or USAID. Subsection (c) provides notwithstanding authority for the requirements of, and amendments made, by section 3511 of Public Law 110-417, relating to certain funds. Subsection (d) authorizes USAID to recruit retired Civil Service employees as re-employed annuitants to serve in Iraq, Afghanistan, or Pakistan. Section (e) authorizes a financial incentive to employees who agree to remain in these posts for an additional year.
******
OMNIBUS APPROPRIATIONS ACT, 2009, PUBLIC LAW 111-8
DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2009
TITLE III--BILATERAL ECONOMIC ASSISTANCE
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
Provided further, That of the funds appropriated under this heading, $200,000,000 shall be apportioned directly to USAID for alternative development/institution building programs in Colombia: Provided further, That of the funds appropriated under this heading that are available for Colombia, not less than $3,500,000 shall be transferred to, and merged with, funds appropriated under the heading `Migration and Refugee Assistance' and shall be made available only for assistance to nongovernmental organizations that provide emergency relief aid to Colombian refugees in neighboring countries.