May 8, 2012

Opening Statement of Energy and Commerce Committee Chairman Fred Upton (R-MI), House and Senate Transportation Conference

Remarks as Prepared for Delivery

I appreciate the opportunity to give a statement and to be a part of this conference committee. Infrastructure is important to jobs, it’s important to national security, and it’s a real opportunity for us to get something done. Back in January, President Obama said his New Year’s resolution was “to do whatever it takes to move the economy forward … ” I believe this conference is an opportunity to do just that. To be successful, we need real reforms to our highway programs that will make the most efficient and effective use of the taxpayer’s dollar, and we need to seize the opportunity to do something good for our energy security, which is so essential to economic growth.

As a negotiator from the Energy and Commerce Committee, provisions within our purview include the Congestion Mitigation and Air Quality Program under the Clean Air Act and vehicle safety overseen by the National Highway Traffic Safety Administration. On vehicle safety, I will be particularly focused on making sure NHTSA has a clear focus and the ability to prioritize safety, as it always has. As with any policy, overly prescriptive mandates have the potential to cloud the agency’s focus and divert it from existing priorities.

I’m also very supportive of the House language ensuring dollars from the Harbor Maintenance Trust Fund go toward their intended purpose of maintaining harbors. Maintaining our commercial and recreational harbors is also essential to local growth, infrastructure development, and countless jobs in southwest Michigan. The Great Lakes are not only my home state’s most treasured natural resource, but also one of our strongest economic assets. The livelihood of thousands of Michigan families and businesses depend on our harbors and deserve the certainty of knowing that these gateways of opportunity will remain open for business.

Other important matters in the House-passed bill include a path for expedited approval of the Keystone XL pipeline and a state-based regulatory framework for the safe management, re-use, and disposal of coal ash. While the connection between these items and a transportation and infrastructure package might not seem obvious, in fact, these policies make perfect sense in the context of this package.

Coal ash is a widely used component in construction materials including concrete, so the regulatory regime governing its management has a direct effect on the cost and durability of our roads and bridges. EPA’s proposal to reclassify this material as a hazardous waste would make road construction more expensive, the infrastructure we build may not last as long, and the liability – which translates to cost – would be higher for everyone.

A federal framework for states to regulate and manage this material is a common-sense alternative that maintains environmental protections without sacrificing jobs or driving up prices.

Likewise, the Keystone XL pipeline is a logical policy to include in our final agreement. After all, this is a jobs and infrastructure package and the Keystone XL pipeline is the ultimate jobs and infrastructure project.

Keystone XL has undergone extensive environmental review. The State Department worked with over 10 other federal agencies for more than three years and concluded that construction and operation of the pipeline would have limited adverse environmental impacts. In fact, construction of Keystone XL was “preferred” over not building the pipeline at all.

That is because pipelines are the safest way to transport oil and gas – and they’re safer than ever thanks to new pipeline safety requirements that many of us worked together to finalize and see enacted earlier this year.

TransCanada is working with the State of Nebraska to develop a new route that avoids environmentally sensitive areas. And just last week, the company resubmitted its application for the cross-border permit approval. The time for delay is over. This is a $7 billion privately funded infrastructure project that will create and support tens of thousands of jobs and bring tremendous energy security. It has been thoroughly reviewed, and its route in Nebraska is being resolved with input and agreement from the state.

Expedited approval of the Keystone XL pipeline has already secured broad, bipartisan support in the House. It has bipartisan backing in the Senate as well, and I am eager to see it included in our final agreement.

I thank Chairman Boxer and Chairman Mica, and I look forward to working with all of my colleagues to resolve these important issues.

Opening Statement of Energy and Power Subcommittee Chairman Ed Whitfield (R-KY), House and Senate Transportation Conference

Remarks as Prepared for Delivery

While the main purpose of this transportation bill is to fund interstate highway and other federal transportation infrastructure projects, some also see it as an economic stimulus package and source of jobs.  However, given that we have experienced three years of record-breaking federal spending levels alongside stubbornly high unemployment, there clearly is more to creating jobs than simply spending more of the American people’s tax dollars.

In my view, it is far more important to remove the bureaucratic red tape that threatens private sector job growth, and that is why I strongly support the transportation bill provisions dealing with coal ash and Keystone XL.  Overall, the inclusion of these provisions makes for a better bill and a more balanced approach to infrastructure development, while utilizing private sector funds to create jobs.

EPA has enacted many problematic regulations in recent years and stood in the way of various projects that could benefit our economy, but if there was one that stood out as being all cost and no benefit it is the proposal to re-designate coal ash as hazardous waste.

For decades, coal ash has been regulated as non-hazardous waste under federal and state laws.  Even the Clinton administration’s EPA decided to leave well enough alone when it reviewed the coal ash regulations back in 2000.

Coal ash has many economically beneficial uses.  Nearly half of what is produced is recycled into products like concrete, both stretching the supply and improving the quality of this critical material for roads and buildings.

Coal ash is used in many other manufactured goods, and in fact the National Association of Manufacturers estimates that up to 2,000 of their member companies use it.  According to the American Coal Council (ACC), the use of coal ash contributes $6-11 billion in annual economic benefit for the U.S. economy.

Re-designating coal ash as hazardous would put an end to these beneficial uses and result in negative environmental consequences.  And in turn, the volumes of coal ash which until now were safely mixed into concrete and other products would instead have to go to new landfills specially designed for the purpose.

The negative economic consequences would be even worse.  A hazardous waste designation would turn coal ash from a valuable byproduct to a costly waste product.  It would hurt the viability of coal-fired power plants that are already facing a train wreck of expensive new EPA regulations such as greenhouse gas controls and Utility MACT.   The likely result would be plant closings, layoffs, and higher electricity rates.  In addition, it would raise the price of the concrete that goes into infrastructure projects.  The American people would get less bang for the buck from this transportation bill as well as future ones.

The provisions in this bill preserve the beneficial uses of coal ash by precluding its categorization as hazardous waste.  They also ensure that any coal ash not used in products is disposed of in a safe manner under state direction. This bill would be a win for the environment, for jobs, and for lower electricity and concrete prices.

I also strongly support the provisions to end the red tape blocking the Keystone XL pipeline project.   While it takes federal tax dollars to fund all the other infrastructure projects addressed in this bill, Keystone XL would be paid for entirely by the private sector.  All the federal government needs to do is get out of the way.  Doing so would create thousands of jobs and bring an additional 800,000 barrels per day of oil into the country from our good ally Canada.

Both the coal ash and Keystone XL measures enjoyed strong bipartisan support as standalone bills in the House.  Now they both help make a good transportation bill even better and I urge you to support it.

In Case You Missed It…

Coal ash bill protects environment, preserves jobs

The Hill’s Congress Blog, By Rep. David B. McKinley (R-WV)
May 07, 2012

Today our nation faces an economic climate in which our national debt is headed toward a record $17 trillion dollars. If we continue on this path, America will meet the fate countries like Greece, Italy and Portugal are now facing.

Let’s put this into terms to which we all can relate:  $17 trillion is a debt that exceeds all the worth of our country’s production. If our government’s spending were like that of a family, the collection calls and overdue bills would have long ago caused families to cut spending. The country’s financial woes are severe and we don’t need to make it worse.

Consequently, the last thing we need is to add hundreds of thousands of workers to the unemployment lines and an increase in road, bridge and infrastructure costs. That’s what is being predicted to happen if coal ash is designated as a hazardous material by the Environmental Protection Agency (EPA).

Since 2009, the EPA and Obama Administration have been preparing a regulation to treat coal ash as a hazardous material. Such a move would increase the costs of building roads and bridges by $110 billion dollars, according to the American Road and Transportation Builders’ Association and, as stated in the Veritas Economic Report, the decision would cost the American economy 316,000 jobs.

Coal ash is a key component in concrete and has been used for building highways and bridges around the country for over 80 years. In the last decade over 360 tons of coal ash has been recycled and used in everyday products from concrete, bricks and drywall to cosmetics. In fact, EPA previously conducted two separate studies in 1993 and 2000 and concluded that coal ash is not hazardous and should continue to be beneficially recycled.

In response to the threats to our economy posed by this proposed EPA regulation, I have been fighting to protect the ability to recycle coal ash for over a year now. Most recently I offered an amendment that would provide rigid federal standards for the disposal of coal ash as part of the Surface Transportation Extension Act that passed the House. Previously the bill had passed the House on a bipartisan vote, but had stalled in the Senate. I have continued my fight on this issue, because it is about protecting both jobs and health, while maximizing government construction dollars.

Here are the facts: currently, coal-fired power plants in 48 states create coal ash every day, but other than recycling there are no federal standards for safe disposal of the product. This is the first time in 30 years that Congress has offered environmentally safe standards for the disposal of coal ash. This language will protect health and jobs, all at the same time. For example: Liners to prevent leakage are mandated under this legislation for new impoundments, as are additional monitoring wells to detect leaks and a requirement for certified inspections of existing dams.

This amendment is both relevant to the transportation bill – after all coal ash is a key ingredient of concrete – and timely. This amendment offers a sincere, bi-partisan solution, finally addressing the coal ash issue. Dozens of government and private organizations, ranging from the Environmental Council of States to labor unions, support the safe recycling of coal ash. However, radical environmentalists have tried to mislead and scare the public on this issue. Some, including my colleague from West Virginia, Senator Rockefeller, have fallen victim to their scare tactics. They are ignoring the environmental safeguards built into the amendment.

Please keep in mind, if this amendment to the Highway Bill is removed, we would return to the status quo of not having a national standard for disposal of coal ash and the environmental issues facing families today would continue.

Let me be clear: if there is a scientific consensus that fly ash is a hazardous material, than we should regulate it as such. The truth is, however, there hasn’t been scientific consensus that coal ash is hazardous material; in fact, there appears to be a consensus that it is non-hazardous. If this provision is included in the transportation bill, we will save taxpayer dollars on highway projects, protect jobs, and ensure the safe disposal of coal ash.

Witnesses: Bills to Amend Lacey Act Would Correct Unintended Consequences of Law, Protect from Over-Criminalization

WASHINGTON, D.C., May 8, 2012 - Today, the Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs held a legislative hearing on two bills that would amend the Lacey Act, H.R. 3210, the “Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act,” and H.R. 4171, the “Freedom from Over-Criminalization and Unjust Seizures Act of 2012.” The Lacey Act was first enacted in 1900 to protect native flora and fauna by prohibiting the sale or transportation of wild animals or birds killed under violation of state law. Since its enactment, the Lacey Act has since been amended several times including expansions to include foreign laws, fish, and the importation and sale of illegally obtained timber and other plant products.

“Changes to the Lacey Act that were rushed through in 2008 made for imperfect outcomes that put Americans in legal jeopardy. Those amendments must be addressed before another person is unfairly prosecuted. This hearing is a good first step in finding ways to improve the law while still keeping its original intent of animal and plant protection intact,” said Subcommittee Chairman John Fleming (LA-04).

The 2008 Amendments to the Lacey Act resulted in an extensive expansion of the law to include all plants and plant products; a first time requirement to submit a declaration document for all imported plant products; and required Americans to comply with not only domestic, state and tribal laws, but also volumes of foreign laws, regulations, resolutions and decrees dealing with Forestry and plants, some of which are not even available in English. As a consequence of these Amendments, thousands of large and small American businesses who previously had little, if any, exposure to the Lacey Act have now become part of the regulated community.

The RELIEF Act (H.R. 3210) would make changes to several of the 2008 Amendments in an effort to protect the individuals, businesses and industries that were unintentionally affected due to their enactment. First, the bill would re-establish the “innocent owner” defense for plant and plant products facing civil forfeiture proceedings. Despite the intentions behind the 2008 Amendment that sought to reaffirm the “innocent owner” defense, the intent of the Amendment failed because products in violation of the Lacey Act are still considered contraband and therefore are illegal to possess, subject to confiscation and penalty of law. Second, the bill includes a grandfather provision exempting any plant imported into the United States prior to enactment of the 2008 Amendment or any finished plant or plant product assembled and processed before that date. Third, it would modify the plant declaration requirement to apply to only solid wood and items imported only for commerce. Last, it reduces the penalty for first time violators, as it affects plants, as long as the offense was not knowingly committed.

“Helping musicians like Vince Gill and Ricky Skaggs is the primary impetus of our legislation. Not only are musicians and music stores in jeopardy, but other legitimate businesses such as antique dealers and lumber importers. We can help these innocent people without harming the worthy environmental goals of the Lacey Act. We can have healthy forests and legal guitars,” said Rep. Jim Cooper (TN-05).

H.R. 4171, known as the FOCUS Act, would repeal certain provisions of the Lacey Act relating to violations of foreign laws and criminal penalties. The bill would remove language requiring compliance with relevant foreign laws, therefore limiting violations to federal, state or tribal laws. It would also eliminate provisions in the Act that allow for criminal prosecutions; reduce the penalties and fines for violation; and delete language that grants federal government authorities certain powers to carry out the law including the right to carry firearms, search and seize, and make an arrest without a warrant.

“Congressman Broun and I introduced companion bills in the House and the Senate because of our shared concern regarding a dangerous law called the Lacey Act. I believe that the Lacey Act is unconstitutional both because of its foreign law component, and because it is so vague that it fails to satisfy basic due process requirements of fair notice. The FOCUS Act fixes what is but one example of the ever-growing problem of overcriminalization that we face in this country: the Lacey Act,” said Senator Rand Paul (R-KY).

“Over the years, and most recently through changes in 1981 and 2008, the Lacey Act has become the poster child for how the federal government abuses broad, sweeping criminalization. The Lacey Act is no longer about conservation, but rather subjects American citizens to prosecution based upon foreign laws and regulations that are often ambiguous in nature,” said Rep. Paul Broun (GA-10). “I believe that passage of the FOCUS Act would go a long way toward correcting many of these abuses. Our bill is a commonsense step to protect law abiding businesses and American citizens from foreign laws and over-criminalization.”

Appropriations Committee Releases Fiscal Year 2013 State and Foreign Operations Appropriations Bill
Legislation cuts funding for lower-priority international programs, supports critical security and diplomatic efforts abroad

Washington, May 8 -

The House Appropriations Committee today released the fiscal year 2013 State and Foreign Operations Appropriations bill, which will be considered in subcommittee tomorrow. The bill totals $40.1 billion in regular discretionary funding, which is $2 billion or 5% below last year’s level.

The bill contains funding for diplomatic operations and foreign assistance activities – including programs to promote security and stability in the developing world; activities to fight illegal drug-trafficking and crime; and security assistance to U.S. strategic allies, including assistance for Israel. The bill also includes significant reforms to improve the oversight and management of precious tax dollars, and supports important policy provisions to ensure the respect for life around the world.

The bill to be considered tomorrow saves taxpayer dollars by cutting funding to lower-priority international programs, while also providing responsible investments in critical national security, diplomatic, and life-saving efforts – such as security assistance for Latin American countries, global health, and humanitarian programs. The bill also includes $8.2 billion in Overseas Contingency Operations/Global War on Terror (OCO/GWOT) funding, which will adequately provide for continued U.S. involvement in front-line countries and other war-related efforts. In total, including war funding, the bill is $5 billion – or 9% – below fiscal year 2012.

“It is more important than ever that taxpayer dollars be used in the most efficient, frugal, and common-sense way to balance our international responsibilities with the very real economic and financial challenges we face here at home. This bill meets our commitment to providing essential security, diplomatic, and humanitarian assistance abroad, while reducing funding for lower-priority programs and providing a keen eye towards the oversight of every tax dollar,” Appropriations Chairman Hal Rogers said.

State and Foreign Operations Subcommittee Chairwoman Kay Granger echoed Rogers’ statement, saying:

“This is a tough, effective national security bill that continues to cut spending, reform our aid programs, and demand accountability from our partners and allies. This bill reflects principled funding decisions that give the United States the flexibility to respond to a rapidly changing world while making sure our foreign aid is not a blank check for foreign governments who do not support our national security priorities,” Chairwoman Granger said.

Bill Summary:

International Security Assistance – The bill provides $7.3 billion in discretionary funding for international security assistance, a decrease of $632 million from the President’s request and $39 million over last year’s level.

This includes funds for international narcotics control, anti-terrorism programs, nonproliferation programs, peacekeeping operations, and other international security efforts. The bill fully funds the $3.1 billion commitment outlined in the United States-Israel Memorandum of Understanding for security assistance, and the $300 million request for security assistance for Jordan. It also increases support for security initiatives in Mexico, Colombia, and Central America to help ongoing counter-narcotics and law enforcement efforts.

Bilateral Assistance – The legislation contains a total of $17.2 billion for bilateral economic assistance, a decrease of $1.1 billion below last year and $3 billion below the President’s request.  While making sensible cuts to lower-priority areas, the bill restores some of the cuts proposed in the President’s request for priority global health programs, refugee assistance, and democracy promotion activities.  Funding for the Peace Corps, Millennium Challenge Corporation, and Development Assistance is essentially maintained at last year’s level.

Multilateral Assistance – The legislation provides $2.2 billion for multilateral assistance, a reduction of $734 million below last year and $715 million below the President’s request. The bill makes significant cuts to many multilateral international organizations and programs, including reductions to international banks. The bill eliminates funding for the Clean Technology Fund and the Strategic Climate Fund, and provides just half of the requested capital for multilateral development banks. The bill also imposes conditions on multilateral development banks capital funding, requiring successful implementation of a number of transparency and accountability measures.

Export and Investment Programs – The bill continues to support export and investment assistance programs, including level funding for the Overseas Private Investment Corporation and the Trade and Development Agency.

State Department Operations and Related Agencies – The bill contains a total of $12.9 billion in discretionary funding for operational costs of the State Department and related agencies – a decrease of $433 million below last year’s level and $1.5 billion below the President’s request. This includes funding for programs such as diplomatic and consular affairs, embassy security and operations, assessed contributions to international organizations, and international broadcasting. No funding is included for the United Nations Educational, Scientific, and Cultural Organization (UNESCO).

United States Agency for International Development (USAID) Operations – The bill contains $1.2 billion for USAID – a reduction of $73 million from last year’s level and $252.5 million below the President’s request. An additional $258 million in OCO/GWOT funding is provided to cover costs of USAID operations in Iraq, Afghanistan, and Pakistan.

Global War on Terror – The bill includes $8.2 billion in OCO/GWOT funding – a reduction of $3 billion below last year. This war funding is designed to be temporary, and year-to-year reductions are expected. This includes funding for programs and activities in Iraq, Afghanistan, and Pakistan. In Iraq, these funds will support security forces previously funded by the Department of Defense. This funding will also provide for civilian programs in Afghanistan as part of the military’s counterinsurgency efforts.

Increased Oversight and Management – The bill includes several provisions to increase oversight and tighten the reins on the management of programs and use of taxpayer dollars. Some of these provisions include:

• Direct Government Assistance – The bill includes layers of conditions on government-to-government assistance, including assessments, certifications, and annual reporting requirements.

• United Nations Reform – The bill provides no funding for the Human Rights Council unless the Secretary of State certifies that it is in the national interest, and unless the Council stops its anti-Israel agenda. This bill also prohibits funds for UN organizations headed by terrorist countries, and withholds a portion of funds for the UN and international organizations until financial audits are fully available to the United States Government and the public.

• Multi-Year Funding Commitments – The legislation requires additional Congressional oversight before the Administration makes public announcements of multi-year funding pledges to other countries or international organizations.

• Afghanistan – The legislation withholds operating funds until a transition plan is submitted and withholds assistance until certifications that proper security is in place for civilian aid workers can be made.

• Pakistan – The legislation prohibits economic and security assistance unless the Government of Pakistan is cooperating with the United States on counterterrorism efforts and other issues.

• Egypt – The legislation prohibits economic and security assistance if the Government of Egypt does not adhere to the peace treaty with Israel, and requires the Secretary of State to certify that additional conditions have been met, including respect for due process of law.

• Palestinian Authority – The legislation stops economic assistance to the Palestinian Authority if the Palestinians obtain membership at the United Nations or its specialized agencies without an agreement with Israel.

Important Policy Provisions – The bill supports important policy provisions to safeguard the respect for life around the globe. For example, the bill:

• Reinstates Mexico City Policy, a policy prohibiting U.S. assistance to foreign nongovernmental organizations that promote or perform abortions.

• Prohibits funding for the UN Population Fund, and caps family planning and reproductive health programs at no more than the fiscal year 2008 level.

• Maintains long-standing pro-life riders, including the “Tiahrt Amendment,” which ensures family planning programs are voluntary; the “Helms Amendment,” which bans foreign aid from being spent on abortions; and the “Kemp-Kasten Amendment,” which prohibits funds to organizations the President determines to support coercive abortion or involuntary sterilization.

• Contains no funds for needle exchange programs.

For the subcommittee draft of the fiscal year 2013 State and Foreign Operations Appropriations bill, please visit: http://appropriations.house.gov/UploadedFiles/BILLS-112HR-SC-AP-FY13-SFOPS.pdf

Appropriations Committee Releases Fiscal Year 2013 Homeland Security Appropriations Bill
Legislation will continue and strengthen America’s homeland security efforts while trimming excess

Washington, May 8 -

The House Appropriations Committee today released its proposed fiscal year 2013 Department of Homeland Security (DHS) Appropriations bill, to be considered in subcommittee tomorrow. The bill strengthens America’s homeland security efforts while at the same time reducing government spending. The bill provides $39.1 billion in discretionary funding for DHS, a decrease of $484 million below last year’s level and a decrease of $393 million below the President’s request.

Appropriations Chairman Hal Rogers made the following statement on the bill:

“Our country faces the dual challenge of providing essential resources for the protection of the nation while also reducing federal spending to help ensure future economic and financial success. This bill helps to address both of these areas by providing the critical resources for our homeland security efforts, while also trimming excess spending to help reduce the nation’s deficits and debt,” Chairman Rogers said.

“This year, DHS will observe its tenth anniversary. This bill aims to mark that milestone with bold measures to create a stronger, more effective Department,” Homeland Security Subcommittee Chairman Aderholt said. “Consistent with the Subcommittee’s work over the past two fiscal years, the bill demonstrates how we can sufficiently fund security while also reducing discretionary spending. The bill is focused upon fiscal discipline, hard-hitting oversight, and support for the most vital security programs. The reductions in spending are focused and precise, thus ensuring that there is full funding for frontline operations.  There are appropriate increases for cybersecurity, preparedness grants, and research programs,” he continued.

Bill Highlights:

Critical Security Operations and Programs – The bill prioritizes funding for frontline security operations by continuing the highest levels in history for Border Patrol agents, CBP Officers, ICE agents, and ICE detention beds. The bill also provides funding for all operational, intelligence, threat-targeting activities, and the acquisition of essential tactical assets and equipment for CBP, Secret Service, and the Coast Guard.

FEMA– The bill fully funds FEMA’s stated requirement for disaster relief. The legislation also recommends $2.8 billion – an increase of over $400 million compared to fiscal year 2012 – for FEMA First Responder Grants, including $1.8 billion for State and Local Grants. The committee continues reforms to consolidate grant programs into a streamlined fund allocated based on common-sense conditions, such as risk to communities. The bill provides $670 million – the amount requested – for Assistance to Firefighter Grants and $350 million for Emergency Management Performance Grants.

Customs and Border Protection – The bill contains $10.2 billion for U.S. Customs and Border Protection (CBP) – an increase of $77 million above the President’s request and $9.4 million above last year’s level, when adjusted for proposed transfers and realignments.

This funding will provide for 21,370 Border Patrol agents and 21,186 CBP officers – the largest totals in history – and includes $117 million for Inspection and Detection Technology. In addition, the bill includes $518 million for Air and Marine operations and procurement to continue critical air patrol efforts on the U.S. border – funding that was cut in the President’s budget request.

The bill provides $68 million for CBP’s National Targeting Center – an increase of $16 million over fiscal year 2012 – to enhance the identification of known and suspected terrorists and criminals. The bill also provides no less than $20 million for outreach to counter human trafficking, and $327 million for border security fencing, infrastructure, and technology.

Immigration and Customs Enforcement – The bill provides $5.5 billion for U.S. Immigration and Customs Enforcement (ICE) – an increase of $141.6 million above the President’s request and $76.8 million below last year’s level. The bill denies many of the steep cuts to ICE requested in the President’s budget to ensure that the agency can effectively enforce our nation’s immigration and customs laws.

The bill includes over $1.7 billion for both domestic and international investigation programs, including $35 million for the Visa Security Program, $78 million for the Office of Intelligence, and an increase of $11 million to address human smuggling and trafficking. The bill also provides $138 million to complete the deployment of the Secure Communities program, and $2.7 billion for ICE detention bed spaces, providing for a total of 34,000 beds – the highest detention capacity in history.

Transportation Security Administration (TSA) – The bill includes $5.1 billion for TSA – a decrease of $146.5 million below the President’s request (excluding proposed fee revenue) and $422 million below last year’s level. This includes funding for security enforcement, cargo inspections, and intelligence functions.

The bill restores funding for Federal Flight Deck Officers, includes funding for the Federal Air Marshals program for coverage of all high-risk flights, provides a $5 million increase over the President’s request in funding for canine enforcement teams, and includes a $15 million increase for privatized screening operations. The bill also encourages reform of passenger screening operations by capping full-time screening personnel at 46,000, and supporting TSA’s shift to more risk-based screening.

The bill applies additional cuts to trim spending, both for efficiency and to offset the President’s proposed but unauthorized passenger fee revenue increase, including a $61 million cut to TSA managerial overhead.

Cybersecurity – The bill includes a total of $748.9 million for cybersecurity, $20 million below the President’s request and $306 million above last year’s level. This increase provides funding for a new initiative to improve Federal Network Security that will help blunt cyber-attacks and foreign espionage.

Coast Guard – The bill contains $10 billion for the U.S. Coast Guard – an increase of $211.7 million above the President’s request and $63 million below last year’s level. The bill sustains military pay and allowances, and reverses cuts in the President’s request that would have curtailed important Coast Guard operations. Targeted funding is also provided to help the Coast Guard meet its mission requirements, including: funding for the 6^th National Security Cutter (NSC) vessel and long lead-time materials for the 7^th NSC; funding for four Fast Response Cutter vessels; funding for two MH-60 helicopters; and funding for one missionized C-130J aircraft.

Secret Service – The bill includes $1.6 billion for the U.S. Secret Service – an increase of $12 million above the President’s request and $53.8 million below last year’s level, reflecting normal reduction in operations following the Presidential election. The bill also continues funding for the National Center for Missing and Exploited Children, which the President proposed to zero out.

Weapons of Mass Destruction (WMD) – To strengthen the nation’s ability to detect and respond to potential WMD threats, the bill includes a total of $316.3 million for the Domestic Nuclear Detection Office, $26.3 million above last year’s level, to fund needed technology for Border Patrol and Coast Guard field operations.

Research and Development – The bill includes $826 million for Science and Technology, $5.5 million below the President’s request and $158 million above last year’s level. This funding sustains investment in high-priority research and development efforts, including first responder needs, explosives detection, and cyber threats.

Chemical Facility Anti-Terrorism Standards (CFATS) – The bill provides $45.4 million for CFATS, $29.1 million below the amount requested and $47.9 million below last year’s level. This reduction is due to significant managerial problems, program delays, and poor budget execution.

Funding Restrictions – The bill continues a prohibition on funds to transfer or release detainees from Guantanamo Bay and includes numerous other funding restrictions to prevent waste and abuse. Some of these provisions include a restriction to prevent another “Fast and Furious” type program, and a limitation on spending for conferences and ceremonies.

For the complete text of the FY 2013 Subcommittee Draft Homeland Security Appropriations bill, please visit: http://appropriations.house.gov/UploadedFiles/BILLS-112HR-SC-AP-FY13-Homeland.pdf