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Department of Homeland Security Appropriations: FY2016

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. Department of Homeland Security Appropriations: FY2016 William L. Painter, Coordinator Analyst in Emergency Management and Homeland Security Policy May 26Barbara L. Schwemle Analyst in American National Government August 7, 2015 Congressional Research Service 7-5700 www.crs.gov R44053 c11173008 Department of Homeland Security Appropriations: FY2016 . Summary This report discusses the FY2016 appropriations for the Department of Homeland Security (DHS) and provides an overview of the Administration’s FY2016 request. The report makes note of many budgetary resources provided to DHS, but its primary focus is on funding approved by Congress through the appropriations process. It also includes an appendix with definitions of key budget terms used throughout the suite of Congressional Research Service reports on homeland security appropriations. It also directs the reader to other reports providing context for and additional details regarding specific component appropriations and issues engaged through the FY2016 appropriations process. The Administration requested $41.24 billion in adjusted net discretionary budget authority for DHS for FY2016, as part of an overall budget ofthat the Office of Management and Budget estimates to be $64.8 billion (including fees, trust funds, and other funding that is not annually appropriated or does not score against discretionary budget limits). The request amounted to a $1.57 billion, or 3.84.4%, increase from the $39.7 billion enacted for FY2015 through the Department of Homeland Security Appropriations Act, 2015 (P.L. 114-4). The Administration also requested an additional $6.7 billion not reflected above for the Federal Emergency Management Agency (FEMA) in disaster relief funding, as defined by the Budget Control Act (BCA, P.L. 112-25), and a $160 million transfer from the Navy to the Coast Guard for for overseas contingency operations (OCO) funding. Neither the disaster relief funding nor the OCO OCO funding is considered when calculating the total amount of adjusted net discretionary budget budget authority, as neither counts against the discretionary spending limit. This report will be updated throughout the FY2016 appropriations process. The current version of the report uses budget numbers provided by the Administration. Once a detailed re-estimate of those numbers by the Congressional Budget Office (CBO) is available, the numbers in this report will be revised to reflect CBO’s calculations. c11173008 Congressional Research Service Department of Homeland Security Appropriations: FY2016 . count against the discretionary spending limit. On June 18, 2015, the Senate Committee on Appropriations reported out S. 1619, accompanied by S.Rept. 114-68. S. 1619 would include $40.2 billion in adjusted net discretionary budget authority for FY2016. This was $1.2 billion (2.9%) below the level requested by the Administration, but over $0.5 billion (1.4%) above the enacted level for FY2015. The Senate committee-reported bill included the administration-requested levels for disaster relief funding and OCO funding covered by BCA adjustments—the latter as an appropriation in the DHS appropriations bill rather than the requested transfer. On July 14, 2015, the House Committee on Appropriations reported out H.R. 3128, accompanied by H.Rept. 114-215. H.R. 3128 would include $39.3 billion in adjusted net discretionary budget authority for FY2016. This was almost $2.1 billion (5.0%) below the level requested by the Administration, and $337 million (0.8%) below the FY2015 enacted level. While the Housereported bill included the administration-requested level for disaster relief funding, overseas contingency operations funding for the Coast Guard covered by BCA adjustments was provided in the House-passed Department of Defense appropriations act as a transfer from the Navy— therefore it is not included in the total funding in this bill for DHS. This report will be updated throughout the FY2016 appropriations process. Congressional Research Service Department of Homeland Security Appropriations: FY2016 Contents Introduction...................................................................................................................................... 1 Note on Data and Citations........................................................................................................ 1 Summary of DHS Appropriations ............................................................................................. 12 Homeland Security Appropriations ................................................................................................. 34 Departmental Management and Operations .............................................................................. 45 Security, Enforcement, and Investigations ................................................................................ 56 Protection, Preparedness, Response, and Recovery .................................................................. 79 Research and Development, Training, and Services ................................................................. 8 10 Crosscutting Issues for the Department of Homeland Security................................................. 9 Federal Civilian Employee Pay Raise 12 Discretionary Spending Limits....................................................................................... 9 Discretionary Spending Limits... 12 Federal Pay Issues ............................................................................................................ 9 Expenditure and Investment Plans . 12 Execution of Personnel Funding ...................................................................................... 10. 13 Reception and Representation Expenses ........................................................................... 14 For Further Information ................................................................................................................. 1115 Tables Table 1. Budgetary Resources for Departmental Management and Operations, Components, FY2015 and FY2016 .................................................................................................................... 4 5 Table 2. Budgetary Resources for Security, Enforcement, and Investigations, FY2015 and FY2016 .................................................................................................................... 56 Table 3. Budgetary Resources for Protection, Preparedness, Response, and Recovery, FY2015 and FY2016 .................................................................................................................... 79 Table 4. Budgetary Resources for Research and Development, Training, and Services FY2015 andFY2016 ..................................................................................................................... 8 10 Table 5. DHS Appropriations Experts ........................................................................................... 1115 Table A-1. FY2015 and FY2016 302(b) Discretionary Allocations for DHS................................ 1519 Appendixes Appendix. Appropriations Terms and Concepts ............................................................................ 1317 Contacts Author Contact Information........................................................................................................... 16 c1117300820 Congressional Research Service Department of Homeland Security Appropriations: FY2016 . Introduction This report describes and analyzes annual appropriations for the Department of Homeland Security (DHS) for FY2016. It compares the President’s request for FY2016 funding for DHS to the enacted FY2015 appropriations for DHS. enacted FY2015 appropriations for DHS, the Administration’s FY2016 budget request, and the appropriations proposed by Congress thus far.. This report identifies additional informational resources, reports, and products on DHS appropriations that provide additional context for the discussion, and it provides a list of CRS policy experts whom clients may consult with inquiries on specific topics. The suite of CRS reports on homeland security appropriations tracks legislative action and congressional issues related to DHS appropriations, with particular attention paid to discretionary funding amounts. The reports do not provide in-depth analysis of specific issues related to mandatory funding—such as retirement pay—nor do they systematically follow other legislation related to the authorization or amending of DHS programs, activities, or fee revenues. Discussion of appropriations legislation involves a variety of specialized budgetary concepts. The Appendix to this report explains several of these concepts, including budget authority, obligations, outlays, discretionary and mandatory spending, offsetting collections, allocations, and adjustments to the discretionary spending caps under the Budget Control Act (P.L. 112-25). A more complete discussion of those terms and the appropriations process in general can be found in CRS Report R42388, The Congressional Appropriations Process: An Introduction, by Jessica Tollestrup, and the Government Accountability Office’s A Glossary of Terms Used in the Federal Budget Process.1 Note on Data and Citations Except in summary discussions and when discussing total amounts for the bill as a whole, all amounts contained in the suite of CRS reports on homeland security appropriations represent budget authority and are rounded to the nearest million. However, for precision in percentages and totals, all calculations were performed using unrounded data. Data used in this report for FY2015 amounts are derived from the Department of Homeland Security Appropriations Act, 2015 (P.L. 114-4) and the explanatory statement that accompanied H.R. 240 as printed in the Congressional Record of January 13, 2015, pages H275-H322. Contextual information on the FY2016 request is generally from the Budget of the United States Government, Fiscal Year 2016, the FY2016 DHS congressional budget justifications, and the FY2016 DHS Budget in Brief.1 Once detailed CBO re-estimates of the budget request are available, this report will be updated to reflect CBO’s numbers to ensure consistent scoring whenever possible. Summary of DHS Appropriations Generally, the homeland security appropriations bill includes all annual appropriations provided for DHS, allocating resources to every departmental component. Discretionary appropriations2 provide roughly two-thirds to three-fourths of the annual funding for DHS operations, depending 1 On April 14, 2016, the Administration submitted technical amendments to its budget request, but it presented no adjustments to its totals for the department. Therefore, modifications to authorization for Customs and Border Protection to use certain fee revenues are not reflected in this report. 2 Generally speaking, those provided through annual legislation. For more detail, see the Appendix. c11173008 Congressional Research Service 1 Department of Homeland Security Appropriations: FY2016 . 2 However, most data used in CRS analyses in reports on DHS appropriations is drawn from congressional documentation to ensure consistent scoring whenever possible. Data on the FY2016 budget request and Senate-reported recommended funding levels are from S. 1619 and S.Rept. 114-68. Information on the House-reported recommended funding levels is from H.R. 3128 and H.Rept. 114-215. 1 U.S. Government Accountability Office, A Glossary of Terms Used in the Federal Budget Process, GAO-05-734SP, September 1, 2005, http://www.gao.gov/products/GAO-05-734SP. 2 On April 14, 2016, the Administration submitted technical amendments to its budget request, but it presented no adjustments to its totals for the department. Therefore, modifications to authorization for Customs and Border Protection to use certain fee revenues are not reflected in this report. Congressional Research Service 1 Department of Homeland Security Appropriations: FY2016 Summary of DHS Appropriations Generally, the homeland security appropriations bill includes all annual appropriations provided for DHS, allocating resources to every departmental component. Discretionary appropriations3 provide roughly two-thirds to three-fourths of the annual funding for DHS operations, depending how one accounts for disaster relief spending and funding for overseas contingency operations. The remainder of the budget is a mix of fee revenues, trust funds, and mandatory spending. Appropriations measures for DHS typically have been organized into five titles.34 The first four are thematic groupings of components: • Title I, Departmental Management and Operations, the smallest of the first four titles, contains appropriations for the Office of the Secretary and Executive Management (OSEM), the Office of the Under Secretary for Management (USM), the Office of the Chief Financial Officer, the Office of the Chief Information Officer (CIO), Analysis and Operations (A&O), and the Office of the Inspector General (OIG). • The Administration requested $1,396 million in FY2016 net discretionary budget authority for components included in this title.5 The appropriations request was $255 million (22.3%) more than was provided for FY2015. • Senate-reported S. 1619 envisions the components included in this title receiving $1,346 million in net discretionary budget authority. This would be $50 million (3.6%) less than requested, but $205 million (18.0%) more than was provided in FY2015. • House-reported H.R. 3128 envisions the components included in this title receiving $1,217 million in net discretionary budget authority, a $179 million (12.8%) decrease from the request and $76 million (6.7%) above FY2015. Title II, Security, Enforcement, and Investigations, comprising roughly threequarters of the funding appropriated for the department, contains appropriations for Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), the Transportation Security Administration (TSA), the Coast Guard (USCG), and the Secret Service. • The Administration requested $32,393 million for these activities in FY2016, $677 million more than was provided for481 million in FY2016 net discretionary budget authority for components included in this title, as part of a total budget for these components of $39,431 million for FY2016.6 The 3 Generally speaking, those provided through annual legislation. For more detail, see the Appendix. Although the House and Senate generally produce symmetrically structured bills, this is not always the case. Additional titles are sometimes added by one of the chambers to address special issues. For example, the FY2012 House full committee markup added a sixth title to carry a $1 billion emergency appropriation for the Disaster Relief Fund (DRF). The Senate version carried no additional titles beyond the five described above. For FY2016, the Houseand Senate-reported versions of the DHS appropriations bill were generally symmetrical. 5 In addition to the appropriations provided in Title I, under the request, the DHS Office of Inspector General (OIG) would receive $24 million in a transfer from the Disaster Relief Fund appropriation, and $43 million for financial systems modernization in general provisions. Funding for DHS headquarters consolidation is included in these totals, although funding is often provided in general provisions. 6 In addition to the appropriations provided in Title II, under the request, U.S. Customs and Border Protection would receive $180 million in budget authority from a general provision that grants them the authority to expend fees raised (continued...) 4 Congressional Research Service 2 Department of Homeland Security Appropriations: FY2016 appropriations request was $807 million (2.5%) more than was provided for FY2015. • • • Senate-reported S. 1619 envisions the components included in this title receiving $32,484 million in net discretionary budget authority. This would be $3 million (0.01%) more than requested, and $810 million (2.6%) more than was provided in FY2015. • House-reported H.R. 3128 envisions the components included in this title receiving $32,182 million in net discretionary budget authority. This would be $299 million (0.9%) less than requested, and $508 million (1.6%) more than was provided in FY2015. Title III, Protection, Preparedness, Response, and Recovery, the secondlargest of the first four titles, contains appropriations for the National Protection and Programs Directorate (NPPD), the Office of Health Affairs (OHA), and the Federal Emergency Management Agency (FEMA). • The Administration requested $1,396 million for these activities in FY2016, $255 million more than was provided for FY2015. The Administration requested $19,225 million for FY2016, $772 million more than was provided for6,222 million in FY2016 net discretionary budget authority for components included in this title, as part of a total budget for these components of $19,020 million for FY2016.7 The appropriations request was $267 million (4.5%) more than was provided for FY2015. • Senate-reported S. 1619 envisions the components included in this title receiving $6,291 million in net discretionary budget authority. This would be $69 million (1.1%) more than requested, and $336 million (5.6%) more than was provided in FY2015. • House-reported H.R. 3128 envisions the components included in this title receiving $6,146 million in net discretionary budget authority. This would be $100 million (1.6%) less than requested, and $167 million (2.8%) more than was provided in FY2015. Title IV, Research and Development, Training, and Services, the secondsmallest of the first four titles, contains appropriations for the U.S. Citizenship and Immigration Services (USCIS), the Federal Law Enforcement Training Center (FLETC), the Science and Technology Directorate (S&T), and the Domestic Nuclear Detection Office (DNDO). • The Administration requested $5,347 million for these activities, $455 million more than was provided for FY2015. A fifth title contains general provisions, the impact of which may reach across the entire department, impact multiple components, or focus on a single activity. Rescissions of prior-year appropriations—cancellations of budget authority that reduce the net funding level in the bill— are found here. The Administration proposed rescinding $350 million in prior-year appropriations as part of its FY2016 budget request. 3 Although the House and Senate generally produce symmetrically structured bills, this is not always the case. Additional titles are sometimes added by one of the chambers to address special issues. For example, the FY2012 House full committee markup added a sixth title to carry a $1 billion emergency appropriation for the Disaster Relief Fund (DRF). The Senate version carried no additional titles beyond the five described above. For FY2015, the Houseand Senate-reported versions of the DHS appropriations bill were generally symmetrical. c11173008 Congressional Research Service 2 Department of Homeland Security Appropriations: FY2016 1,554 million in FY2016 net discretionary budget authority for components included in this title, as part of a total budget for these components of $5,427 million for FY2016. The (...continued) under the Colombia Free Trade Act. Other resources that contribute to the budget for these components include mandatory spending, fee revenues, and trust funds. 7 In addition to the appropriations provided in Title III, under the request, the Disaster Relief Fund would receive would receive $6,713 million in budget authority that is accounted for by an adjustment to the discretionary spending limits set by the Budget Control Act (P.L. 112-25). Another $1,443 million is provided through offsetting collections to the Federal Protective Service—neither of these are included in the net discretionary budget total. Other resources that contribute to the budget for these components include mandatory spending, fee revenues, and trust funds, including the National Flood Insurance Fund. Congressional Research Service 3 Department of Homeland Security Appropriations: FY2016 appropriations request was $251 million (13.9%) less than was provided for FY2015. • Senate-reported S. 1619 envisions the components included in this title receiving $1,461 million in net discretionary budget authority. This would be $93 million (6.0%) less than requested, and $344 million (19.1%) less than was provided in FY2015. • House-reported H.R. 3128 envisions the components included in this title receiving $1,503 million in net discretionary budget authority. This would be $30 million (2.0%) less than requested, and $292 million (16.3%) less than was provided in FY2015. A fifth title contains general provisions, the impact of which may reach across the entire department, impact multiple components, or focus on a single activity. Rescissions of prior-year appropriations—cancellations of budget authority that reduce the net funding level in the bill— are found here. The Administration proposed rescinding $255 million in prior-year appropriations as part of its FY2016 budget request. Senate-reported S. 1619 included $1,359 million in rescissions, while House-reported H.R. 3128 included $1,692 million. Homeland Security Appropriations The following tables present comparisons of FY2015 enacted and FY2016 requested appropriations for the department by thematic grouping. References to titles refer to the organization of the funding in the FY2015 appropriations cycle, not the Administration’s budget request. The first section of each table notes the appropriation provided under the headings of each component in the appropriations measure. When components receive significant resources through fees, trust funds, mandatory spending, or adjustments under the Budget Control Act, those resources are noted beneath the total appropriation for the individual components. A second section adds the economic effects of any general provisions, transfers, or other anomalies on the resources provided in the appropriations measures. Two totals appear at the bottom of each table: the first represents the total resources provided through the appropriations measure for the components in the thematic grouping; the second represents the total budgetary resources available to the component based on the first total and projections by the White House’s Office of Management and Budget (OMB) of total agency resources available beyond those provided through congressional appropriations. tables summarize the appropriations provided for each component, subtotaling the resources provided through the appropriations legislation. Indented text and bracketed numbers indicate resources either provided through provisions separate from the base appropriations for the component, or that do not count as net discretionary budget authority (see below). A subtotal for each component of total estimated resources that would be available under the legislation and from other sources (such as fees, mandatory spending, and trust funds) for the given fiscal year is also provided. At the bottom of each table, three totals indicate the total for the title on its own, the total for title’s components in the entire bill, and the projected total FY2016 funding for the title’s components from all sources (such as fees not governed by the bill, trust funds, etc.). DHS and “Adjusted” Net Discretionary Budget Authority The annual DHS budget proposal includes a variety of funding mechanisms. For example, the FY2016 request envisions an appropriations bill that includes • appropriations that are offset by agency collections, such as user fees; • funding that is effectively not subject to the discretionary spending limits due to special designation; • appropriations that are considered to be mandatory spending; and • appropriations that are contingent on certain things happening.48 8 Projections of the budget authority provided by these provisions may vary between the Office of Management and Budget and the Congressional Budget Office, but both include such appropriations in calculations of discretionary (continued...) Congressional Research Service 4 Department of Homeland Security Appropriations: FY2016 The appropriations bill also may include rescissions—cancellation of budget authority that otherwise would be available for obligation and thus is treated as negative spending. Also credited to the discretionary spending in the bill are two elements of “permanent indefinite discretionary spending” that are not included in the actual appropriations bill but are included in the discretionary spending total of the bill because of scorekeeping practices. These numbers can be totaled in several different ways to summarize what is in the bill. For DHS, net discretionary budget authority includes all discretionary budget authority credited to the bill (thus excluding specially designated funding and mandatory spending), net of offsets (including any offsetting collections and fees). In DHS budget documents, net discretionary budget authority does not take into account the impact of rescissions. However, adjusted net discretionary budget authority does take rescissions into account. This is the total that counts against discretionary spending limits, and it is the total used most commonly in debate on appropriations. To avoid confusion when readers interpret DHS documents, CRS reporting on DHS appropriations uses the DHS terminology to describe that total. 4 Projections of the budget authority provided by these provisions may vary between the Office of Management and Budget and the Congressional Budget Office, but both include such appropriations in calculations of discretionary budget authority. c11173008 Congressional Research Service 3 Department of Homeland Security Appropriations: FY2016 . Departmental Management and Operations Table 1. Budgetary Resources for Departmental Management and Operations, Components, FY2015 and FY2016 (budget authority in millions of dollars) FY2015 Component/Appropriation FY2015 FY2016 Enacted Request Title I Enacted FY2016 Request SenateReported S. 1619 HouseReported H.R. 3128 Office of the Secretary and Executive Management 133 134 133 132 Office of the Under Secretary for Management 188 193 52 97 Office of the Chief Information Officer 288 321 Analysis and Operations 256 269 119 142 1,035 1,156 Office of the Chief Financial Officer Office of the Inspector Generala Net Budget Authority: Title I General Provisions and Other Resources in the Appropriations Measure DHS Headquarters Consolidation 49 Financial Systems Modernization 34 c Transfer to OIG from FEMA’s DRF 24 24 107 240 Net Discretionary Budget Authority: Departmental Management and Operations 1,141 1,396 Total Gross Budgetary Resources 1,141 1,396 Total: Other Resources 216b185 194 DHS Headquarters Consolidation — 216b — — DHS Headquarters Consolidation (Title V) [49] — [212] [44] Office of the Chief Financial Officer 52 54 53 56 Financial Systems Modernization (Title V) [34] [43c] [36] [53] Office of the Chief Information Officer 288 321 304 308 Analysis and Operations 256 269 263 265 Office of the Inspector General 119 142 134 141 Transfer to OIG from FEMA’s DRF (Title III)a [24] [24] [24] [24] Net Discretionary Budget Authority: Title I 1,035 1,329 1,074 1,096 (...continued) budget authority. Congressional Research Service 5 Department of Homeland Security Appropriations: FY2016 FY2016 FY2015 Component/Appropriation Enacted Request SenateReported S. 1619 HouseReported H.R. 3128 Net Discretionary Budget Authority: Total for Departmental Management and Operations Components 1,141 1,396 1,346 1,217 Total Gross Budgetary Resources for Departmental Management and Operations Components 1,141 1,396 1,346 1,217 Source: CRS analysis of P.L. 114-4 and its explanatory statement as printed in the Congressional Record of January 13, 2015, pp. H275-H322, and the FY2016 DHS Budget-in-Brief, S. 1619, S.Rept. 114-68, H.R. 3128 and H.Rept. 114-215. Notes: Table displays rounded numbers, but all operations were performed with unrounded data. Therefore, amounts may not sum to totals. FEMA = Federal Emergency Management Agency; DRF = Disaster Relief Fund. c11173008 a. The DHS Office of the Inspector General (OIG) also receives transfers from FEMA to pay for oversight of disaster-related activities that are not reflected untilin the last linetwo lines in these tables, including $24 million in FY2015 and $24 million requested for FY2016. b. This amount includes more than $11 million in support costs for the facility, which generally has been appropriated in the Coast Guard’s Operating Expenses account. c. The Administration requested funding for this activity under the Office of the Chief Financial Officer. Congressional Research Service 4 Department of Homeland Security Appropriations: FY2016 . Security, Enforcement, and Investigations Table 2. Budgetary Resources for Security, Enforcement, and Investigations, FY2015 and FY2016 (budget authority in millions of dollars) Component/Appropriation FY2015 FY2016 Enacted Request Title II Customs and Border Protection Salaries and Expenses 8,460 9,070Senatereported S. 1619 Housereported H.R. 3128 8,460 9,124 8,779 8,695 9 9 9 9 Automation Modernization 808 867 854 846 Border Security Fencing, Infrastructure, and Technology 382 373 373 439 Air and Marine Operations 750 747 Facilities Management 289 342 10,699 11,409 1,884 1,977 12,582 13,385 5,933 5,881 26 74 0 5 5,959 5,960 345 322 6,304 6,282 3,574 3,483 124 124 219 228 917 931 Appropriation 4,834 4,766 Fees, Mandatory Spending, and Trust Funds 2,395 2,581 Total Budgetary Resources 7,229 7,347 6,830 6,822 13 13 Small Airport User Feea Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources755 785 289 342 314 341 [138] [180] [220] [180] Component/Appropriation Customs and Border Protection Salaries and Expenses Small Airport User Feea Facilities Management COBRA FTA funding (Title V)b Title II Appropriation 10,699 11,463 11,084 11,116 Total Appropriation 10,837 11,643 11,304 11,296 Congressional Research Service 6 Department of Homeland Security Appropriations: FY2016 FY2015 FY2016 Enacted Request Senatereported S. 1619 Housereported H.R. 3128 1,884 1,977 1,977 1,977 12,721 13,620 13,281 13,273 5,933 5,887 5,762 5,736 26 74 53 74 0 5 0 5 5,959 5,965 5,815 5,815 345 322 322 322 6,304 6,287 6,137 6,137 3,574 3,500 3,453 3,429 Surface Transportation Security 124 124 123 107 Intelligence and Vettingc (net funding) 219 228 225 216 Transportation Security Support 917 931 919 901 Appropriation 4,834 4,783 4,719 4,653 Fees, Mandatory Spending, and Trust Funds 2,395 2,564 2,579 2,579 Total Budgetary Resources 7,229 7,347 7,299 7,233 7,043 6,823 6,996 6,899 Component/Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources (including Title V) Immigration and Customs Enforcement Salaries and Expenses Automation and Infrastructure Modernization Construction Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Transportation Security Administration Aviation Security (net funding) Surface Transportation Security Intelligence and Vettingb (net funding) Transportation Security Support U.S. Coast Guard Operating Expenses Environmental Compliance and Restoration c11173008 Congressional Research Service 5 Department of Homeland Security Appropriations: FY2016 . Component/Appropriation Reserve Training FY2015 FY2016 Enacted Request 115 111 1,225 1,017 U.S. Coast Guard Operating Expensesd Overseas Contingency Operations Adjustment (included in Operating Expenses)d [213] 0 [160] 0 13 13 13 13 115 111 111 111 1,225 1,017 1,573 1,301 18 18 18 18 Health Care Fund Contributiona 177 159169 169 169 Discretionary Appropriation 8,378 8,140 Fees, Mandatory Spending, and Trust Funds 1,664 1,824 213 0 10,255 9,964 1,616 1,867 50 72 1,666 1,939 260 265 1,926 2,204 31,536 32,213 Acquisition, Construction, and Improvements Research, Development, Testing, and Evaluation Overseas Contingency Operations Adjustmentc151 8,721 8,512 Environmental Compliance and Restoration Reserve Training Acquisition, Construction, and Improvements Research, Development, Testing, and Evaluation Congressional Research Service 7 Department of Homeland Security Appropriations: FY2016 FY2015 FY2016 Enacted Request Senatereported S. 1619 Housereported H.R. 3128 1,664 1,822 1,822 1,822 10,255 9,973 10,703 10,334 1,616 1,867 1,837 1,833 50 72 87 73 1,666 1,939 1,924 1,906 260 265 265 265 1,926 2,204 2,189 2,171 Net Discretionary Budget Authority: Title II 31,536 32,301 32,264 32,002 Net Discretionary Budget Authority: Total for Security, Enforcement, and Investigations Components 31,674 32,481 32,484 32,182 Total Gross Budgetary Resources for Security, Enforcement, and Investigations Components 38,434 39,431 39,609 39,147 Component/Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources U.S. Secret Service Salaries and Expenses Acquisition, Construction, and Improvements Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Net Budget Authority: Title II General Provisions and Other Resources in the Appropriations Measure COBRA FTA funding (CBP) 138 180 Total: Other Resources 138 180 Net Discretionary Budget Authority: Security, Enforcement, and Investigations 31,674 32,393 Total Gross Budgetary Resources 38,434 39,356 Funds Total Budgetary Resources Source: CRS analysis of P.L. 114-4 and its explanatory statement as printed in the Congressional Record of January 13, 2015, pp. H275-H322, and the FY2016 DHS Budget-in-Brief, S. 1619, S.Rept. 114-68, H.R. 3128 and H.Rept. 114-215. Notes: Table displays rounded numbers, but all operations were performed with unrounded data. Amounts, therefore, may not sum to totals. Fee revenues included in the “Fees, Mandatory Spending, and Trust Funds” lines are projections. c11173008 , and do not include budget authority provided through general provisions. a. This item is considered permanent indefinite discretionary spending and, therefore, scores as being in the bill, despite not being explicitly appropriated in the bills’ legislative language. b. Sec. 556 of the Senate-reported bill and Sec. 551 of the House reported bill authorize CBP to expend certain fee revenues collected pursuant to the Colombia Free Trade Act. These provisions score as discretionary budget authority, and so are reflected separately from other fees. c. Formerly entitled “Transportation Threat Assessment and Credentialing.” cd. Overseas contingency operations funding is displayed in this line but is not included in the Operating Expenses appropriation, but is not added to the appropriations total in accordance with the appropriations committees’ practices for subtotaling this account. This funding is reflected in the total gross budgetary resources for the Coast Guard, not the total appropriationnet discretionary budget authority. Congressional Research Service 68 Department of Homeland Security Appropriations: FY2016 . Protection, Preparedness, Response, and Recovery Table 3. Budgetary Resources for Protection, Preparedness, Response, and Recovery, FY2015 and FY2016 (budget authority in millions of dollars) Component/Appropriation FY2015 FY2016 Enacted Request Title III Senatereported S. 1619 Request Housereported H.R. 3128 National Protection and Programs Directorate Management and Administration Infrastructure Protection and Information Security Federal Protective Servicea Office of Biometric Identity Management 62 64 58 56 1,189 1,312 [1,343] [1,443] 252 2841,297 1,245 [1,443] [1,443] [1,443] [1,343] 252 284 283 283 Appropriation 1,502 1,659 1,638 1,585 Fees, Mandatory Spending, and Trust Funds 1,343 1,443 1,443 1,443 Total Budgetary Resources 2,845 3,103 129 124 0 0 129 124 934 949 2,530 2,2313,082 3,028 129 124 123 125 0 0 0 0 129 124 123 125 934 949 929 956 2,530 2,231 2,530 2,530 Radiological Emergency Preparedness -2 * * * U.S. Fire Administration 44 42 59644 44 596 662 662 662 Office of Health Affairs Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Federal Emergency Management Agency Salaries and Expenses Grants and Training Disaster Relief Fund Major Disasters Adjustment Transfer to Office of Inspector General Subtotal: Net Total Disaster Relief Fundingb Total Disaster Relief Fundingb Flood Hazard Mapping and Risk Analysis National Flood Insurance Funda 100 [179] [7,375] 279 [6,438] [6,713] [6,713] [6,713] [-24] [-24] [-24] [-24] [7,009] [7,351] [7,351] [7,351] 100 [179] 279 190 100 [181] [181] [181] Pre-disaster Mitigation Fund 25 200 100 25 Emergency Food and Shelter 120 100 100 120 AppropriationcAppropriation 4,347 4,462 4,554 4,437 Fees, Mandatory Spending, and Trust Funds 4,538 4,666 Disaster Relief Adjustment 6,438 6,713 Total Budgetary Resources 15,323 15,841 Net Budget Authority: Title III c11173008 [7,033] Congressional Research Service 5,979 6,246 74,666 4,666 Congressional Research Service 9 Department of Homeland Security Appropriations: FY2016 . Component/Appropriation Total Budgetary Resources FY2015 FY2016 Enacted Senatereported S. 1619 Housereported H.R. 3128 15,817 15,909 15,791 15,299 Request Net Discretionary Budget Authority: Title IIIc 5,979 6,246 6,315 6,147 Net Discretionary Budget Authority: Total for Protection, Preparedness, Response and Recovery Components 5,955 6,222 6,291 6,123 Total Gross Budgetary Resources for Protection, Preparedness, Response and Recovery Components 18,250 19,020 19,114 18,920 FY2015 FY2016 Enacted Request General Provisions and Other Resources in the Appropriations Measure Transfer to OIG from FEMA’s DRF -24 -24 Other Resources -24 -24 5,955 6,222 18,274 19,044 Net Discretionary Budget Authority: Protection, Preparedness, Response and Recovery Total Gross Budgetary Resources Source: CRS analysis of P.L. 114-4 and its explanatory statement as printed in the Congressional Record of January 13, 2015, pp. H275-H322, and the FY2016 DHS Budget-in-Brief, S. 1619, S.Rept. 114-68, H.R. 3128 and H.Rept. 114-215. Notes: * = rounds to zero. Table displays rounded numbers, but all operations were performed with unrounded data. Amounts, therefore, may not sum to totals. Fee revenues included in the “Fees, Mandatory Spending, and Trust Funds” lines are projections, and do not include budget authority provided through general provisions. a. This line is wholly offset by fees and, therefore, does not add to the total appropriation. b. This line is a subtotal of the “Disaster Relief Fund” line and the “Disaster Relief Adjustment”—it represents the total resources provided to the DRF. The “Disaster Relief Fund” line is included in the “Appropriation” line, but the “Disaster Relief Adjustment” line is not. c. For consistency across tables, this line does not include the $24 million transfer from the DRF—its impact is reflected in the budgetary resource totals below. Research and Development, Training, and Services Table 4. Budgetary Resources for Research and Development,Training, and Services FY2015 andFY2016 (budget authority in millions of dollars) Component/Appropriation FY2015 FY2016 Enacted Request Title IV U.S. Citizenship and Immigration Services Appropriation 124 130 Fees, Mandatory Spending, and Trust Funds 3,097 3,814 Total Budgetary Resources 3,221 3,944 230 239 28 28 258 267 0 0 258 267 130 132 Federal Law Enforcement Training Center Salaries and Expenses Acquisition, Construction, Improvements, and Related Expenses Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Science and Technology Directorate Management and Administration c11173008 Congressional Research Service 8 Department of Homeland Security Appropriations: FY2016 . Component/Appropriation Research, Development, Acquisition, and Operations Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources FY2015 FY2016 Enacted Request 974 647 1,104 779 0 0 1,104 779 37 38 198 196 73 123 308 357 0 0 308 357 1,795 1,533 Domestic Nuclear Detection Office Management and Administration Research, Development, and Operations Systems Acquisition Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Net Budget Authority: Title IV General Provisions and Other Resources in the Appropriations Measure Other Resources 0 0 Net Discretionary Budget Authority: Research and Development, Training, and Services 1,795 1,533 Total Gross Budgetary Resources 4,892 5,347 Source: CRS analysis of P.L. 114-4 and its explanatory statement as printed in the Congressional Record of January 13, 2015, pp. H275-H322, and the FY2016 DHS Budget-in-BriefSenatereported S. 1619 Request Housereported H.R. 3128 U.S. Citizenship and Immigration Services E-Verify Immigrant Immigration Programs Immigrant Integration Grants (Title V; authority to use fees) U Visa fee proposal (Title V) Appropriation Fees, Mandatory Spending, and Trust Funds Congressional Research Service 124 120 120 120 — 10 — — [10] — [10] [10] — 21 — — 124 151 120 120 3,097 3,874 3,491 3,491 10 Department of Homeland Security Appropriations: FY2016 FY2015 FY2016 Enacted Request Senatereported S. 1619 Housereported H.R. 3128 3,231 4,025 3,620 3,620 230 239 219 212 28 28 26 28 258 267 246 239 0 0 0 0 258 267 246 239 Management and Administration 130 132 130 132 Research, Development, Acquisition, and Operations 974 647 634 655 1,104 779 765 787 0 0 0 0 1,104 779 765 787 Component/Appropriation Total Budgetary Resources Federal Law Enforcement Training Center Salaries and Expenses Acquisition, Construction, Improvements, and Related Expenses Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Science and Technology Directorate Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Domestic Nuclear Detection Office Management and Administration 37 38 38 38 198 196 196 196 73 123 87 123 308 357 320 357 0 0 0 0 308 357 320 357 Net Discretionary Budget Authority: Title IV 1,795 1,533 1,451 1,503 Net Discretionary Budget Authority: Total for Research and Development, Training, and Services Components 1,805 1,554 1,461 1,513 Total Gross Budgetary Resources for Research and Development, Training, and Services Components 4,902 5,427 4,951 5,003 Research, Development, and Operations Systems Acquisition Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Source: CRS analysis of P.L. 114-4 and its explanatory statement as printed in the Congressional Record of January 13, 2015, pp. H275-H322, the FY2016 DHS Budget-in-Brief, S. 1619, S.Rept. 114-68, H.R. 3128 and H.Rept. 114-215. Notes: Table displays rounded numbers, but all operations were performed with unrounded data. Amounts, therefore, may not sum to totals. Fee revenues included in the “Fees, Mandatory Spending, and Trust Funds” lines are projections. Crosscutting Issues for the Department of Homeland Security Federal Civilian Employee Pay Raise The Administration proposed a 1.3% pay increase for all civilian federal employees and members of the military in its FY2016 budget request. Almost all DHS employees are considered civilians, with the significant exception of Coast Guard military personnel. , and do not include budget authority provided through general provisions. Congressional Research Service 11 Department of Homeland Security Appropriations: FY2016 Crosscutting Issues for the Department of Homeland Security9 Discretionary Spending Limits Most of the DHS budget is outside of the defense budget function (050). As a result, the department competes with the rest of the federal nondefense budget for discretionary spending c11173008 Congressional Research Service 9 Department of Homeland Security Appropriations: FY2016 . allocations under the budget controls imposed by the Budget Control Act.510 The funding to be allocated among the appropriations subcommittees is not anticipated to rise at the same rate as envisioned in the Administration’s budget request. House Homeland Security Subcommittee Chairman John Carter described the tension this creates at a subcommittee hearing on the request: To begin, the $1.5 billion increase [proposed for DHS] absorbs almost 75% of non-defense, discretionary spending available under the limits of the Budget Control Act of 2013. Mr. Secretary … the Congress intends to live within the confines of the law even if the Administration does not. As a result, I doubt DHS’s budget will rise as steeply as the request proposes.6 Expenditure and Investment Plans As part of their oversight functions, appropriations committees at times may require federal agencies to provide one or both of two special types of documents—expenditure plans and investment plans. Expenditure plans (also known as obligation, financial, or operating plans) are a response to the appropriation provided to a particular element of the department; essentially, they outline what the element will do with the level of funding Congress has provided for the fiscal year. Investment plans have a longer-term perspective and relate how an element plans to fund something (often a major capital investment) over the course of several years. For the FY2015 budget cycle, the House-reported bill and committee report directed the department to provide 13 “obligation and expenditure plans” through a single general provision.7 The Senate-reported bill and committee report directed the department to provide 16 expenditure plans. Parameters for these plans are spelled out in various places in the reports accompanying the bills reported by both the House and Senate Appropriations Committees.8 Three investment plans were required in the House-reported bill and committee report, whereas the Senate-reported bill and committee report required seven such plans. Like the expenditure plans, parameters for these plans are spelled out in various places in the reports and bills reported by both the House and Senate Appropriations Committees. P.L. 114-4 and the accompanying explanatory statement called for obligation or expenditure plans from the following elements of DHS: • Office of Policy, • Office of Intergovernmental Affairs/Partnership and Engagement, • Office of Civil Rights and Civil Liberties, • Citizenship and Immigration Services Ombudsman, 5 11 Federal Pay Issues The Administration proposed a 1.3% pay increase for all civilian federal employees and members of the military in its FY2016 budget request. Almost all DHS employees are considered civilians, with the significant exception of Coast Guard military personnel. The Senate Appropriations Committee report stated that “the committee assumes the COLA for civilian employees across the Department will be absorbed within amounts appropriated in this act.”12 Likewise, the House Appropriations committee report indicated that funding was not provided for the civilian pay increase, but that if the administration provides a civilian pay increase that it would “be absorbed within other amounts appropriated for FY2016.”13 The House Appropriations Committee report indicated that the military pay raise was fully funded.14 The House report also stated that the FY2017 budget request was to also include estimated amounts, by component, and the standards and criteria for bonuses and performance awards. S. 1619 and H.R. 3128, as reported, included general provisions15 that would prohibit the obligation of appropriated funds for any structural pay reform that affects more than 100 full-time positions or costs more than $5 million in a single year until the end of the 30-day period that begins when the Secretary notifies Congress about (1) the number of FTE positions affected by 9 These sections coauthored with Barbara L. Schwemle, Analyst in American National Government, Government and Finance Division. 10 For more detail on the Budget Control Act and its implications on the appropriations process, see CRS Report R41965, The Budget Control Act of 2011, by Bill Heniff Jr., Elizabeth Rybicki, and Shannon M. Mahan. 611 Rep. John Carter, opening statement for Budget Hearing—Department of Homeland Security, House Appropriations Committee Subcommittee on Homeland Security, March 26, 2015, at http://docs.house.gov/meetings/AP/AP15/ 20150326/103205/HHRG-114-AP15-20150326-SD001.pdf. 7 H.R. 4903, Sec. 514. 8 H.Rept. 113-481, pp. 24-25; S.Rept. 113-198, pp. 16-17, 25. c11173008 12 S.Rept. 114-68, p. 21. 13 H.Rept. 114-215, p. 3. 14 H.Rept. 114-215, p. 57. 15 Sec. 506 and Sec. 552, respectively. Congressional Research Service 10 Department of Homeland Security Appropriations: FY2016 . • Office of Privacy, • Headquarters Consolidation, • Financial Service Modernization, • Office of the Inspector General, • Customs and Border Protection (all accounts), • Immigration and Customs Enforcement, Salaries and Expenses, • U.S. Coast Guard, Military Housing, • National Protection and Programs Directorate, • Office of Biometric Identity Management (specified separately from NPPD), • Federal Emergency Management Agency, Automation Modernization, • Federal Emergency Management Agency, Disaster Relief Fund (base), and • Federal Law Enforcement Training Center, Salaries and Expenses. The Transportation Security Administration (TSA) is required to submit investment plans for air cargo, checkpoint security, and explosive detection systems activities under its Aviation Security appropriation. These investment plans include elements of (but also go beyond the parameters of) obligation and expenditure plans.12 Department of Homeland Security Appropriations: FY2016 the change, (2) funding required for the change for the current year and through the Future Years Homeland Security Program, (3) the justification for the change, and (4) an analysis of the compensation alternatives to the change that the department considered. Execution of Personnel Funding Hiring Process Delays The Senate Appropriations Committee report stated that although Congress has provided for the increased personnel that the department has consistently requested,16 “DHS has failed to bring those funded positions on board for a myriad of reasons including delays in obtaining suitability determinations and a backlog in polygraphs.”17 According to the committee, hiring difficulties are exacerbated by qualified applicants who have withdrawn from the process or accepted other positions by the time an offer of employment is made. Hiring times have increased departmentwide (from 146 days in 2013 to 163 days in 2014) and at CBP (from 278 days in 2013 to 308 days in 2014). While noting that the U.S. Secret Service improved its hiring times (from 327 days in 2013 to 295 days in 2014), the committee report stated that the hiring process “still takes an inordinately long time.” The Senate report directed the department to report on its strategy to reduce hiring times and time to hire statistics within 60 days after the act’s enactment. In addition, DHS and its major components were directed to develop metrics to track the status of hiring actions, including measuring the time spent on actions within each step of the process.18 The USM was directed to provide a briefing on the development of the metrics within 90 days after the act’s enactment. According to the House Appropriations Committee report, “Chronic and systemic personnel shortfalls and lengthy hiring times jeopardize DHS’s homeland security mission” and attrition rates are outpacing hiring in several components of the department. The report stated that DHS expects to end FY2015 “more than 6,000 FTEs below the number for which funds were provided” and would have to hire more than 7,000 FTEs between July 2015 and September 30, 2015, to reach the FTE level requested for FY2016. Given these circumstances, the report states that, for FY2016, “the Committee is unconvinced DHS will be able to spend the funds requested in the budget” and therefore, “reduce[d] funding in various agencies to reflect a more realistic and achievable number of FTEs.”19 Going forward, the House report mandated two actions. First, the USM was directed to prepare “a root cause analysis” of the attrition and hiring shortfalls, “develop a corrective action plan” that will include metrics to measure the outcomes of initiatives, and provide monthly updates, beginning on January 15, 2016, to the committee on the results of the initiatives. Second, the department was again directed to provide a report,20 on a strategy for reducing hiring times and 16 The Senate committee report noted particularly requests for border security and cybersecurity personnel. (S.Rept. 114-68, p. 19.) 17 S.Rept. 114-68, p. 19. 18 The Senate committee report noted that the Federal Emergency Management Agency already tracks the status of hiring actions. (S.Rept. 114-68, p. 20.) 19 The report stated that the committee recommended the requested number of mission-critical positions in Customs and Border Protection and the U.S. Secret Service. (H.Rept. 114-215, p. 13 and p. 4.) 20 The explanatory statement that accompanied P.L. 114-4 directed DHS to provide such a report. The committee (continued...) Congressional Research Service 13 Department of Homeland Security Appropriations: FY2016 provide data on those hiring times by component, by quarter, within 30 days after the act’s enactment and thereafter, each quarter. The committee required that the report include additional content on hiring times21 and metrics.22 Determining Personnel Requirements The Senate Appropriations Committee report stated that the committee seeks “to understand how the Department proposes to balance real technology needs against manpower costs” and has requested “reports and briefings on the right balance of people, technology, and infrastructure” to support DHS operations.23 The House Appropriations Committee report believes that “the lack of a rigorous and consistent methodology to determine” the department’s personnel requirements and costs is a “strategic problem.” To address this matter, the committee directed USM to require the OCFO “to conduct an analysis of force structure that identifies the operations in which DHS personnel are expected to perform, the effects they must achieve, the attributes the forces must possess, and what kind and size of force is needed to execute the operations successfully.”24 The committee also directed that the OCFO provide quarterly briefings on the progress of the study and apply recommendations from its analysis to the FY2018 budget request, with personnel funding shortfalls noted. Reception and Representation Expenses Several DHS components have specific limitations placed on their funding for “reception and representation expenses.” These limits range from $2,000 for the Office of the Under Secretary for Management in House-reported H.R. 3128 to 34,425 for Customs and Border protection in both Senate and House-reported bills. Thirteen such limitations, totaling $177,505, appear in Senate-reported S. 1619, and 14 such limitations, totaling $166,955, appear in House-reported H.R. 3128. Aside from the specific direction provided in the Senate- and House-reported legislation, both committee reports provided additional direction. The Senate Appropriations Committee report continued to require quarterly reports on obligations for all reception and representation expenses and stated that the funds should not be used “to purchase unnecessary collectibles or memorabilia.”25 The House committee report directed the department to review (...continued) received the report on June 22, 2015, but determined that it “failed to fully comply with the requirement” because of incomplete data on hiring times and a lack of information on metrics. (H.Rept. 114-215, p. 13.) 21 With regard to hiring, the number of days associated with each step in the hiring process, including announcements in progress, announcements posted, interviews pending, offers pending, individuals selected, security approvals, and personnel entering on duty should be included. 22 With regard to metrics, data on the number of days reduced by implementing an initiative, the numbers of onboard personnel at the beginning and end of the reporting period, and the number of separations for the reporting period should be included. 23 S.Rept. 114-68, p. 5. 24 H.Rept. 114-215, p. 13. 25 S.Rept. 114-68, p. 9. Congressional Research Service 14 Department of Homeland Security Appropriations: FY2016 representation allowances for all DHS agencies to ensure the equitable alignment of funds with responsibilities, and submit any proposed changes with the FY2017 budget request.26 For Further Information For additional perspectives on FY2016 DHS appropriations, see the following: • CRS Report R44048, Trends in the Timing and Size of DHS Appropriations: In Brief • CRS Report R44051, Comparing DHS Appropriations by Component, FY2016: Fact Sheet • CRS Report R44052, DHS Budget v. DHS Appropriations: Fact Sheet Readers also may wish to consult CRS’s experts directly. The following table lists names and contact information for the CRS analysts and specialists who contribute to CRS DHS appropriations reports: Table 5. DHS Appropriations Experts Component/Subcomponent c11173008 Name Phone Email DHS Annual and Supplemental Appropriations, Overall William Painter 7-3335 wpainter@crs.loc.gov Departmental Management Barbara L. Schwemle 7-8655 bschwemle@crs.loc.gov DHS Headquarters Consolidation William Painter 7-3335 wpainter@crs.loc.gov Analysis and Operations Jerome Bjelopera 7-0622 jbjelopera@crs.loc.gov Office of the Inspector General William Painter 7-3335 wpainter@crs.loc.gov Congressional Research Service 11 Department of Homeland Security Appropriations: FY2016 . Component/Subcomponent Name Phone Email U.S. Customs and Border Protection Lisa Seghetti 7-4669 lseghetti@crs.loc.gov U.S. Immigration and Customs Enforcement Alison Siskin 7-0260 asiskin@crs.loc.gov Transportation Security Administration Bart Elias 7-7771 belias@crs.loc.gov U.S. Coast Guard John Frittelli 7-7033 jfrittelli@crs.loc.gov U.S. Secret Service Shawn Reese 7-0635 sreese@crs.loc.gov National Protection and Programs Directorate Infrastructure Protection and Information Services John D. Moteff 7-1435 jmoteff@crs.loc.gov Federal Protective Service Shawn Reese 7-0635 sreese@crs.loc.gov Office of Biometric Identity Management Lisa Seghetti 7-4669 lseghetti@crs.loc.gov Office of Health Affairs Sarah A. Lister 7-7320 slister@crs.loc.gov Federal Emergency Management Agency 26 H.Rept. 114-21527 31 U.S.C. §§1341, 1342, 1344, 1511-1517. Congressional Research Service 15 Department of Homeland Security Appropriations: FY2016 Component/Subcomponent Name Phone Email Management Francis X. McCarthy 7-9533 fmccarthy@crs.loc.gov Preparedness Grants Shawn Reese 7-0635 sreese@crs.loc.gov Firefighter Assistance Grants Lennard G. Kruger 7-7070 lkruger@crs.loc.gov Disaster Relief Fund Bruce R. Lindsay 7-3752 blindsay@crs.loc.gov Emergency Food and Shelter Francis X. McCarthy 7-9533 fmccarthy@crs.loc.gov Pre-disaster Mitigation Francis X. McCarthy 7-9533 fmccarthy@crs.loc.gov U.S. Citizenship and Immigration Services William A. Kandel 7-4703 wkandel@crs.loc.gov Science and Technology Daniel Morgan 7-5849 dmorgan@crs.loc.gov Domestic Nuclear Detection Office Daniel Morgan 7-5849 dmorgan@crs.loc.gov General Provisions William Painter 7-3335 wpainter@crs.loc.gov National Protection and Programs Directorate Federal Emergency Management Agency c11173008 Congressional Research Service 1216 Department of Homeland Security Appropriations: FY2016 . Appendix. Appropriations Terms and Concepts Budget Authority, Obligations, and Outlays Federal government spending involves a multistep process that begins with the enactment of budget authority by Congress. Federal agencies then obligate funds from enacted budget authority to pay for their activities. Finally, payments are made to liquidate those obligations; the actual payment amounts are reflected in the budget as outlays. Budget authority is established through appropriations acts or direct spending legislation and determines the amounts that are available for federal agencies to spend. The Antideficiency Act9Act27 prohibits federal agencies from obligating more funds than the budget authority enacted by Congress. Budget authority also may be indefinite, as when Congress enacts language providing “such sums as may be necessary” to complete a project or purpose. Budget authority may be available on a one-year, multiyear, or no-year basis. One-year budget authority is only available for obligation during a specific fiscal year; any unobligated funds at the end of that year are no longer available for spending. Multiyear budget authority specifies a range of time during which funds may be obligated for spending, and no-year budget authority is available for obligation for an indefinite period of time. Obligations are incurred when federal agencies employ personnel, enter into contracts, receive services, and engage in similar transactions in a given fiscal year. Outlays are the funds that are actually spent during the fiscal year.1028 Because multiyear and no-year budget authorities may be obligated over a number of years, outlays do not always match the budget authority enacted in a given year. Additionally, budget authority may be obligated in one fiscal year but spent in a future fiscal year, especially with certain contracts. In sum, budget authority allows federal agencies to incur obligations and authorizes payments, or outlays, to be made from the Treasury. Discretionary agencies and programs, and appropriated entitlement programs, are funded each year in appropriations acts. Discretionary and Mandatory Spending Gross budget authority, or the total funds available for spending by a federal agency, may be composed of discretionary and mandatory spending. Discretionary spending is not mandated by existing law and is thus appropriated yearly by Congress through appropriations acts. The Budget Enforcement Act of 199011199029 defines discretionary appropriations as budget authority provided in annual appropriations acts and the outlays derived from that authority, but it excludes appropriations for entitlements. Mandatory spending, also known as direct spending, consists of budget authority and resulting outlays provided in laws other than appropriations acts and is typically not appropriated each year. Some mandatory entitlement programs, however, must be 927 31 U.S.C. §§1341, 1342, 1344, 1511-1517. Appropriations, outlays, and account balances for various appropriations accounts can be viewed in the end-of-year reports published by the U.S. Treasury titled Combined Statement of Receipts, Outlays, and Balances of the United States Government. The DHS portion of the report can be accessed at http://fms.treas.gov/annualreport/cs2005/c18.pdf. 1129 P.L. 101-508, Title XIII. 10 c1117300828 Congressional Research Service 1317 Department of Homeland Security Appropriations: FY2016 . appropriated each year and are included in appropriations acts. Within DHS, Coast Guard retirement pay is an example of appropriated mandatory spending. Offsetting Collections12Collections30 Offsetting funds are collected by the federal government, either from government accounts or the public, as part of a business-type transaction such as collection of a fee. These funds are not considered federal revenue. Instead, they are counted as negative outlays. DHS net discretionary budget authority, or the total funds that are appropriated by Congress each year, is composed of discretionary spending minus any fee or fund collections that offset discretionary spending. Some collections offset a portion of an agency’s discretionary budget authority. Other collections offset an agency’s mandatory spending. These mandatory spending elements are typically entitlement programs under which individuals, businesses, or units of government that meet the requirements or qualifications established by law are entitled to receive certain payments if they establish eligibility. The DHS budget features two mandatory entitlement programs: the Secret Service and the Coast Guard retired pay accounts (pensions). Some entitlements are funded by permanent appropriations, and others are funded by annual appropriations. Secret Service retirement pay is a permanent appropriation and, as such, is not annually appropriated. In contrast, Coast Guard retirement pay is annually appropriated. In addition to these entitlements, the DHS budget contains offsetting Trust and Public Enterprise Funds. These funds are not appropriated by Congress. They are available for obligation and included in the President’s budget to calculate the gross budget authority. 302(a) and 302(b) Allocations In general practice, the maximum budget authority for annual appropriations (including DHS) is determined through a two-stage congressional budget process. In the first stage, Congress sets overall spending totals in the annual concurrent resolution on the budget. Subsequently, these totals are allocated among the appropriations committees, usually through the statement of managers for the conference report on the budget resolution. These amounts are known as the 302(a) allocations. They include discretionary totals available to the House and Senate Committees on Appropriations for enactment in annual appropriations bills through the subcommittees responsible for the development of the bills. In the second stage of the process, the appropriations committees allocate the 302(a) discretionary funds among their subcommittees for each of the appropriations bills. These amounts are known as the 302(b) allocations. These allocations must add up to no more than the 302(a) discretionary allocation and form the basis for enforcing budget discipline, since any bill reported with a total above the ceiling is subject to a point of order. The 302(b) allocations may be adjusted during the year by the respective Appropriations Committee issuing a report delineating the revised suballocations as the various appropriations bills progress toward final enactment. Table A-1 shows comparable figures for the 302(b) allocation for FY2015, based on P.L. 114-4, and the President’s request for FY2016. House and Senate allocations for the Homeland Security appropriations bill will be added as they become available. 12 c1117300830 Prepared with assistance from Bill Heniff Jr., Analyst in American National Government. Congressional Research Service 1418 Department of Homeland Security Appropriations: FY2016 . Table A-1. FY2015 and FY2016 302(b) Discretionary Allocations for DHS (budget authority in billions of dollars) FY2015 Comparable FY2016 Request Comparable FY2016 House Allocation FY2016 Senate Allocation 39.670a 41,194b 39,320b330b 40,213 FY2016 Enacted Comparable Source: CRS analysis of the explanatory statement accompanying H.R. 240 as printed in the Congressional Record of January 13, 2015, pp. H275-H322, and the FY2015 DHS Budget-in-Brief. a. This authority does not include the $213 million for overseas contingency operations or the $6,438 million for disaster relief covered by adjustments to the discretionary spending caps set by the Budget Control Act. b. This authority does not include the $6,713 million requested for disaster relief covered by adjustments to the discretionary spending caps set by the Budget Control Act. This allocation was originally $39,230 million—it was adjusted upward by a committee amendment on July 8, 2015. The Budget Control Act, Discretionary Spending Caps, and Adjustments The FY2012 appropriations bills were the first appropriations bills governed by the Budget Control Act, which established discretionary security and nonsecurity spending caps for FY2012 and FY2013. The bill also established overall caps that govern the actions of appropriations committees in both chambers. Subsequent legislation, including the Bipartisan Budget Act of 2013,1331 amended those caps. For FY2015, the overall cap on discretionary spending is $1,014 billion. Separate limitations are made for defense and nondefense spending—roughly $521 billion and $492 billion, respectively. Most of the budget for DHS is considered nondefense spending. In addition, the Budget Control Act allows for adjustments that would raise the statutory caps to cover funding for overseas contingency operations/Global War on Terror, emergency spending, and, to a limited extent, disaster relief and appropriations for continuing disability reviews and control of health care fraud and abuse. Three of the four justifications outlined in the Budget Control Act for adjusting the caps on discretionary budget authority have played a role in DHS’s appropriations process. Two of these—emergency spending and overseas contingency operations/Global War on Terror—are not limited. The third justification—disaster relief—is limited. Under the Budget Control Act, the allowable adjustment for disaster relief is determined by the Office of Management and Budget (OMB), using the following formula: Limit on disaster relief cap adjustment for the fiscal year = Rolling average of the disaster relief spending over the last ten fiscal years (throwing out the high and low years) + the unused amount of the potential adjustment for disaster relief from the previous fiscal year. For FY2014, OMB determined the allowable adjustment for disaster relief was $12,143 million,1432 of which only $5,717 million was exercised. In February 2015, OMB noted the FY2015 allowable adjustment for disaster assistance was $18,430 million: $11,913 million from the 1331 P.L. 113-67. Office of Management and Budget, OMB Sequestration Preview Report to the President and Congress for Fiscal Year 2015, Washington, DC, March 10, 2014, p. 9. 14 c11173008 32 Congressional Research Service 1519 Department of Homeland Security Appropriations: FY2016 . allowable adjustment for disaster assistance was $18,430 million: $11,913 million from the rolling average and $6,517 million in carryover from FY2014.1533 FY2015 was the first year in which more than $1 billion of allowable adjustment for disaster relief carried over from the previous fiscal year. Author Contact Information William L. Painter, Coordinator Analyst in Emergency Management and Homeland Security Policy wpainter@crs.loc.gov, 7-3335 15Barbara L. Schwemle Analyst in American National Government bschwemle@crs.loc.gov, 7-8655 33 Office of Management and Budget, OMB Sequestration Update Report to the President and Congress for Fiscal Year 2016, Washington, DC, February 2, 2015, p. 12. c11173008 Congressional Research Service 1620