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This report provides an overview and analysis of FY2019 appropriations for the Department of Homeland Security (DHS). The primary focus of this report is on congressional direction and funding provided to DHS through the appropriations process. It 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 specific component appropriations.
As part of an overall DHS budget that the Office of Management and Budget (OMB) estimated to be $74.88 billion, the Trump Administration requested $47.43 billion in adjusted net discretionary budget authority through the appropriations process for DHS for FY2018FY2019. The request amounted to a $0.29 billion (0.6%) decrease from the $47.72 billion in annual appropriations enacted for FY2018 through the Department of Homeland Security Appropriations Act, 2018 (P.L. 115-141, Division F).
The Administration also requested discretionary funding for DHS components that does not count against discretionary spending limits and is not reflected in the adjusted net discretionary budget authority total. The Administration requested an additional $6.65 billion for the Federal Emergency Management Agency (FEMA) in disaster relief funding, as defined by the Budget Control Act (P.L. 112-25; BCA), and in the budget request for the Department of Defense (DOD), $165 million in Overseas Contingency Operations designated funding (OCO) from the Operations and Maintenance budget of the U.S. Navy.
On June 21, 2018, the Senate Committee on Appropriations reported out S. 3109, the Department of Homeland Security Appropriations Act, 2019, accompanied by S.Rept. 115-283. Committee-reported S. 3109 included $48.33 billion in adjusted net discretionary budget authority for FY2019. This was $901 million (1.9%) above the level requested by the Administration, and $611 million (1.3%) above the enacted level for FY2018. The Senate committee-reported bill included the Administration-requested levels for disaster relief funding, and included the OCO funding in an appropriation to the Coast Guard, rather than as a transfer from the U.S. Navy.
On July 26, 2018, the House Appropriations Committee marked up H.R. 6776, its version of the Department of Homeland Security Appropriations Act, 2019. H.Rept. 115-948 was filed September 12, 2018. Committee-reported H.R. 6776 included $51.44 billion in adjusted net discretionary budget authority. The House committee-reported bill included the Administration-requested levels for disaster relief funding, but unlike S. 3109, did not include the OCO funding for the Coast Guard.
As some of the annual appropriations for FY2019 remained unfinished, a consolidated appropriations bill that included a continuing resolution was passed by Congress and signed into law on September 28, 2018. The resolution, which covered DHS along with several other departments and agencies, continued funding at a rate of operations equal to FY2018 with some exceptions. This continuing resolution was extended through December 21, 2018, after which point annual appropriations lapsed. A partial government shutdown ensued for 35 days until continuing appropriations were resumed January 25, 2019, by P.L. 116-5.
P.L. 116-6, the Consolidated Appropriations Act, 2019, was passed by Congress on February 14, 2019, and signed into law the following day. Division A of the act included the Homeland Security Appropriations Act, 2019, which included $49.41 billion in adjusted net discretionary budget authority, $12 billion designated for the costs of major disasters, and $165 million in OCO funding for the Coast Guard.
This report will be updated in the event of FY2019 supplemental appropriations actionsIn addition to annual appropriations, DHS received supplemental appropriations in FY2019. P.L. 116-20 included $526 million for the U.S. Coast Guard, and P.L. 116-26 included $1.34 billion for U.S. Customs and Border Protection, Immigration and Customs Enforcement, and the Federal Emergency Management Agency.
This report describes and analyzes annual appropriations for the Department of Homeland Security (DHS) for FY2019. It compares the enacted FY2018 appropriations for DHS, the Donald J. Trump Administration's FY2019 budget request, and the appropriations measures developed and considered by Congress in response to it. It also includes information on supplemental appropriations enacted for DHS for FY2019. This report identifies additional informational resources, reports, and products on DHS appropriations that provide context for the discussion, and it provides a list of Congressional Research Service (CRS) policy experts with whom clients may consult 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. These 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 authorizing 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 (BCA; 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, coordinated by James V. Saturno, and the Government Accountability Office's A Glossary of Terms Used in the Federal Budget Process.1
Describing DHS Funding: Terminology The annual DHS budget proposal is complex, including a variety of funding mechanisms.2 The funding provided through these mechanisms can be totaled in several different ways to summarize what is in the bill. These methods have evolved to answer slightly different questions: how the bill fits into the budget process, the level of resources provided to the agency, and the net cost of the bill to the U.S. government.
In a departure from the practices of many other agencies, in DHS budget documents, the term net discretionary budget authority does not take into account the impact of rescissions—only offsets through collections. Instead, DHS documents refer to adjusted net discretionary budget authority to indicate discretionary appropriations net of both offsetting collections and rescissions. This is the total that counts against discretionary spending limits, and it is the total used most commonly in congressional debate about the size of appropriations legislation. To avoid confusion when readers interpret DHS documents, CRS reporting on DHS appropriations uses the latter term to describe that total, rather than the more common usage. |
All amounts contained in the suite of CRS reports on homeland security appropriations represent budget authority. For precision in percentages and totals, all calculations in these reports used unrounded data, which are presented in each report's tables. However, amounts in narrative discussions are rounded to the nearest million (or 10 million, in the case of numbers larger than 1 billion), unless noted otherwise.
Data used in this report for FY2018 amounts are derived from the explanatory statement accompanying P.L. 115-141, the Consolidated Appropriations Act, 2017—Division F of which is the Department of Homeland Security Appropriations Act, 2018.5 The explanatory statement also includes data on FY2018 supplemental appropriations for DHS enacted prior to the development of the consolidated appropriations act for FY2018. Data for the FY2019 requested levels and enacted levels of annual appropriations are drawn from H.Rept. 116-9, the explanatory statement accompanying P.L. 116-6. Data on the Senate Appropriations Committee recommendation are drawn from S.Rept. 115-283, and data for the House Appropriations Committee recommendation are drawn from H.Rept. 115-948.
As committee reports are not available for FY2019 supplemental appropriations, data on FY2019 supplemental appropriations are drawn directly from the enacted legislation (P.L. 116-20 and P.L. 116-26).Scoring methodology is consistent across this report, relying on data provided by the Appropriations Committees that has been developed with Congressional Budget Office (CBO) methodology. CRS does not attempt to compare this data with Office of Management and Budget (OMB) data because technical scoring differences do not allow precise comparisons.
This section provides an overview of the process of enactment of appropriations for the Department of Homeland Security for FY2019, from the Administration's initial request, through committee action in the House and Senate, continuing appropriations (and their lapse), and enactment of the consolidated appropriations bill that contained DHS annual appropriation.
On February 12, 2018, the Trump Administration released its budget request for FY2019. The enactment of the Bipartisan Budget Act of 2018 (P.L. 115-123) three days before had established discretionary spending limits for FY2018 and FY2019, replacing the limits prescribed by the Budget Control Act of 2011 (P.L. 112-25). The Administration chose to submit an addendum to their request in a letter accompanying the formal request documentation, which included additional requests for resources for DHS and several other departments and agencies.6
The Trump Administration requested $47.43 billion in adjusted net discretionary budget authority for DHS for FY2019, as part of an overall budget that the Office of Management and Budget estimated to be $74.88 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 $0.29 billion (0.6%) decrease from the $47.72 billion in annual appropriations enacted for FY2018 through the Department of Homeland Security Appropriations Act, 2018 (P.L. 115-141, Division F).
The Trump Administration also requested discretionary funding for DHS components that does not count against discretionary spending limits set by the Budget Control Act (BCA; P.L. 112-25) and is not reflected in the above totals. The Administration requested an additional $6.65 billion for the Federal Emergency Management Agency (FEMA) in disaster relief funding, as defined by the BCA, and in the budget request for the Department of Defense, $165 million in Overseas Contingency Operations/Global War on Terror designated funding (OCO), to be transferred to the Coast Guard.7
On June 21, 2018, the Senate Appropriations Committee reported out S. 3109, the Department of Homeland Security Appropriations Act, 2019, accompanied by S.Rept. 115-283. Committee-reported S. 3109 included $48.33 billion in adjusted net discretionary budget authority for FY2019. This was $901 million (1.9%) above the level requested by the Administration, and $611 million (1.3%) above the enacted level for FY2018. The Senate committee-reported bill also included the Administration-requested levels for disaster relief funding, and $163 million in OCO-designated funding directly for the Coast Guard, as had been done in FY2018, rather than as a transfer, as had been requested by the Administration. This bill was never taken up for action on the Senate floor.
On July 26, 2018, the House Appropriations Committee marked up H.R. 6776, its version of the Department of Homeland Security Appropriations Act, 2019. H.Rept. 115-948 was filed September 12, 2018. Committee-reported H.R. 6776 included $51.44 billion in adjusted net discretionary budget authority. The House committee-reported bill included the Administration-requested levels for disaster relief funding, but unlike S. 3109, did not include the OCO funding for the Coast Guard. This bill did not see action on the House floor.
In the Senate, a third CR for FY2019, lasting until February 8, 2019 (H.R. 695) was passed by voice vote on December 19, 2018. The House subsequently considered and amended the bill the following day, adding additional funding for border barriers and a disaster relief supplemental discussed below. The amended measure passed the House by a vote of 217-185, and was sent back to the Senate for further consideration. On December 21, the Senate agreed to a motion to proceed to the consideration of the House-passed bill by a vote of 48-47, with Vice President Pence casting the tie-breaking vote. In the absence of a 60-vote majority to invoke cloture, H.R. 865 was not considered further, and the House and Senate adjourned later that day. When the second CR, providing funding for the agencies, programs, and activities covered by the remaining seven appropriations bills expired at midnight on December 21, annual appropriations for unfunded portions of the federal government (including DHS) lapsed and a partial government shutdown ensued for the next 35 days.9As some of the annualAt the end of FY2018, five regular appropriations measures for FY2019 had become law and the activities funded under the remaining seven regular appropriations bills were funded under a continuing resolution (CR). The first, Division C of P.L. 115-245, lasted through December 7, 2018, andfor FY2019 remained unfinished, a consolidated appropriations bill that included a continuing resolution was passed by Congress and signed into law on September 28, 2018, as P.L. 115-245. The continuing resolution (Division C) continued funding for DHS at a rate of operations equal to that of the Department of Homeland Security Appropriations Act, 2018, with some exceptions.8 TheA second continuing resolution was extended through December 21, 2018, at which point it expired, and annual appropriations for DHS lapsed, resulting in a partial shutdown of DHS for 35 days. extended appropriations through December 21, 2018.
On February 14, 2019, the House took up H.J.Res. 31, a consolidated appropriations bill that included eight annual appropriations bills. Division A, the Department of Homeland Security Appropriations Act, 2019, included $49.41 billion in adjusted net discretionary budget authority, $1.69 billion (3.5%) more than had been provided for FY2018, and $2.04 billion more than had been requested by the Administration in February 2018. In addition to that total, the bill included $12 billion designated for the costs of major disasters—$5.35 billion (80.4%) more than had been requested, and the requested $165 million in OCO funding appropriated for the Coast Guard operating budget, rather than a transfer from the Navy. The bill passed the House by a vote of 300-128, and the Senate that same day by a vote of 83-16. The President signed it into law the next day.9
Generally, the homeland security appropriations bill includes all annual appropriations provided for DHS, allocating resources to every departmental component.10 Discretionary appropriations11 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.12 The remainder of the budget is a mix of fee revenues, trust funds, and mandatory spending.
Unlike most supplemental appropriations legislation, the FY2019 disaster relief and recovery supplemental appropriations legislation was developed without a supplemental appropriations request from the Trump Administration. As was noted above, in the closing days of the 115th Congress, the House included a $7.8 billion disaster relief and recovery supplemental appropriation in a broader amendment to H.R. 695, a continuing resolution covering the seven annual appropriations bills that were yet to be enacted. The amended measure included $244 million for the U.S. Coast Guard (USCG) in the disaster supplemental, and $5.71 billion for U.S. Customs and Border Protection for construction of border barriers as a part of the continuing resolution. As noted above, H.R. 695 passed the House, but did not advance further in the Senate before the end of the 115th Congress. On January 8, 2019, House Appropriations Committee Chairwoman Nita Lowey introduced H.R. 268, a measure that would have provided disaster relief supplemental funding and would have temporarily resolved the ongoing partial government shutdown by providing for a continuing resolution through February 8. The bill included $524 million for the USCG—an amount that remained consistent across proposals through the remaining consideration of FY2019 disaster supplemental appropriations. The House took up the bill on January 16, 2019, and, after adopting several amendments, passed the bill by a vote of 237-187 that same day.11 CBO estimated the discretionary spending in the supplemental appropriations proposal for FY2019 as $14.19 billion. The Senate proceeded to consideration of the bill by unanimous consent, but could not invoke cloture on amendments by the leadership of both parties offering alternative proposals. The Senate later returned to consideration of H.R. 268 after the lapse in regular annual appropriations was resolved. On March 28, Chairman Shelby offered a substitute amendment (S.Amdt. 201), providing $13.45 billion for disaster relief.12 Attempts to invoke cloture on both S.Amdt. 201 and H.R. 268 on April 1, 2019, were unsuccessful.13 On April 9, 2019, Chairwoman Lowey introduced H.R. 2157, a supplemental appropriations bill, to provide funding for previous disasters as well as additional disasters that had occurred since the earlier House passage of H.R. 268. CBO estimated the bill as introduced included $17.31 billion in discretionary spending, a figure which grew to $19.26 billion through floor action. The bill passed the House on May 10, 2019, by a vote of 257-150.14 A bipartisan, bicameral agreement on FY2019 disaster funding was negotiated prior to Senate consideration. On May 23, Senator McConnell offered S.Amdt. 250 to H.R. 2157 as a substitute on behalf of Senator Shelby. The amendment was agreed to by unanimous consent, and the amended bill was passed, 85-8.15 The House subsequently considered the bill under suspension of the rules on June 3, and voted 354-58 to approve the measure.16 The bill was signed into law as P.L. 116-20 on June 6, 2019. For a more detailed legislative history, as well as discussion of the broader content of P.L. 116-20 and the issues surrounding supplemental appropriations, see CRS Report R45844, FY2019 Disaster Supplemental Appropriations: Overview. On May 1, 2019, the Trump Administration requested just over $4.51 billion in emergency-designated budget authority to pay for humanitarian needs and security operations at the U.S.-Mexico border, pursuant to a surge of children and family units seeking asylum in the United States.17 The request included $1.10 billion for DHS, divided between U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE).18 House Republicans attempted to respond to the request through motions and amendments to a variety of other legislative vehicles to provide some of the requested funding, but these motions and amendments were not adopted. On June 19, 2019, the Senate Appropriations Committee marked up S. 1900, the Emergency Supplemental Appropriations for Humanitarian Assistance and Security at the Southern Border Act. The bill, a bipartisan compromise reported out of committee with a single dissenting vote, included almost $4.59 billion in emergency-designated budget authority, including more than $1.3 billion for DHS—$1.10 billion for CBP, $209 million for ICE, and $30 million for the Federal Emergency Management Agency (FEMA). A House version of the bill, H.R. 3401, was introduced on June 21, 2019, and taken up by the House on June 25. H.R. 3401 included $4.54 billion in emergency-designated budget authority, including $1.49 billion for DHS—$1.30 billion for CBP, $128 million for ICE, and $60 million for FEMA. H.R. 3401 was brought to the House floor on June 25 under a structured rule. Representative John Rutherford (R-FL) offered a motion to recommit with instructions that would have added almost $65 million for ICE. The motion was not agreed to by a vote of 205-218,19 and the bill passed the House 230-195.20 The Senate took up the House bill June 26, voting it down 37-55.21 Senator Richard Shelby offered the text of S. 1900 as an amendment in the nature of a substitute to the bill, and after an amendment by Senator Rand Paul (R-KY) to offset the cost of the bill was tabled 77-15,22 the Shelby amendment was agreed to by a vote of 84-8.23 The bill was subsequently agreed to by an identical margin.24 The House of Representatives originally considered a rule (H.Res. 466) on June 27 that would have set up consideration of a further amendment to the bill. However, the rule was withdrawn and amended, allowing the House to vote to agree to the Senate-amended bill later that day by a vote of 305-102.25 The President signed the bill into law on July 1, 2019, as P.L. 116-26. Generally, the homeland security appropriations bill includes all annual appropriations provided for DHS, allocating resources to every departmental component.26 Discretionary appropriations27 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.28 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.1310
Supplemental Appropriations
FY2019 Disaster Supplemental Appropriations (P.L. 116-20)
Prior to the FY2017 act, the legislative language of many appropriations included directions to components or specific conditions on how the budget authority it provided could be used. Similarly, general provisions provided directions or conditions to one or more components. In the FY2017 act, a number of these provisions within appropriations and component-specific general provisions were grouped at the ends of the titles where their targeted components are funded, and identified as "administrative provisions."1430 This practice has continued in subsequent years.
When DHS was established in 2003, components of other agencies were brought together over a matter of months, in the midst of ongoing budget cycles. Rather than developing a new structure of appropriations for the entire department, Congress and the Administration continued to provide resources through existing account structures when possible.
At the direction of Congress, in 2014 DHS began to work on a new Common Appropriations Structure (CAS), which would standardize the format of DHS appropriations across components. In an interim report in 2015, DHS noted that operating with "over 70 different appropriations and over 100 Programs, Projects, and Activities ... has contributed to a lack of transparency, inhibited comparisons between programs, and complicated spending decisions and other managerial decision-making."15
After several years of work and negotiations with Congress, DHS made its first budget request in the CAS for FY2017, and implemented it while operating under the continuing resolutions funding the department in October 2016. For FY2017 and FY2018, all DHS components requested appropriations under the CAS except for the Coast Guard, due to constraints of its financial management system. For FY2019, all the components' requests generally conformed to the CAS.
A visual representation of the FY2019 requested funding in this new structure follows in Figure 1. On the left, CAS appropriations categories are listed next to a black bar representing the total FY2018 funding levels requested for DHS for each category. A catch-all "other" category is included for budget authority associated with the legislation that does not fit the CAS categories. Colored lines flow to the DHS components listed on the right, showing how the amount of funding for each appropriations category is distributed across DHS components. Wider lines indicate greater funding levels, so it is possible to understand how components may be funded differently. For example, while Customs and Border Protection (CBP) gets most of its funding from Operations and Support appropriations, the Federal Emergency Management Agency (FEMA) receives most of its discretionary funding from the Disaster Relief Fund appropriation.
The following sections present textual and tabular comparisons among FY2018 enacted appropriations, FY2019 requested appropriations, the FY2019 appropriations bills developed by the appropriations committees, and the final enacted annual appropriationappropriations in Division A of the FY2019 Consolidated Appropriations Act (P.L. 116-6), P.L. 116-20, and P.L. 116-26. The structure of the appropriations reflects the organization outlined in the detail table of the explanatory statement accompanying the act (H.Rept. 116-9).
The tables summarize enacted appropriations for FY2018, and thoseannual appropriations requested by the Administration, and proposed in for FY2019, the appropriations committee-developed legislation under developmentin response to the request, and the enacted appropriations for FY2019.
Title I, Departmental Management and Operations, the smallest of the component-specific titles, contains appropriations for the Office of the Secretary and Executive Management, the Management Directorate,1632 Analysis and Operations (A&O), and the Office of the Inspector General (OIG). For FY2018, these components received $1.36 billion in net discretionary funding through the appropriations process, including $25 million in FY2018 supplemental appropriations.
Table 1. Budgetary Resources for Departmental Management and Operations Components, FY2018 and FY2019
(budget authority in thousands of dollars)
FY2018 |
FY2019 |
|||||||||
Component/Appropriation |
Enacted |
Request |
Senate Committee-Reported |
House Committee-Reported |
Enacted P.L. 116-6 |
|||||
Office of the Secretary and Executive Management |
|
|
|
|
|
|||||
Operations and Support |
139,602 |
128,860 |
132,904 |
139,926 |
141,381 |
|||||
Total Discretionary Appropriations |
139,602 |
128,860 |
132,904 |
139,926 |
141,381 |
|||||
Total Discretionary Funding |
139,602 |
128,860 |
132,904 |
139,926 |
141,381 |
|||||
Total Budgetary Resources |
139,602 |
128,860 |
132,904 |
139,926 |
141,381 |
|||||
Management Directorate |
||||||||||
Operations and Support |
710,297 |
834,704 |
824,479 |
845,528 |
1,083,837 |
|||||
Procurement, Construction, and Improvements |
29,569 |
246,069 |
117,071 |
74,920 |
175,920 |
|||||
Research and Development |
2,545 |
2,545 |
2,545 |
2,545 |
2,545 |
|||||
Title I Discretionary Appropriations |
742,411 |
1,083,318 |
944,095 |
922,993 |
1,262,302 |
|||||
Appropriations drawn from DRF unobligated balances |
0 |
0 |
72,000 |
0 |
0 |
|||||
Title I Net Discretionary Appropriations |
742,411 |
1,083,318 |
872,095 |
922,993 |
1,262,302 |
|||||
Financial Systems Modernization (Title V) |
41,800 |
0 |
39,000 |
0 |
51,000 |
|||||
Total Net Discretionary Appropriations |
784,211 |
1,083,318 |
911,095 |
922,993 |
1,313,302 |
|||||
Total Net Discretionary Funding |
784,211 |
1,083,318 |
911,095 |
922,993 |
1,313,302 |
|||||
Total Budgetary Resources |
784,211 |
1,083,318 |
983,095 |
922,993 |
1,313,302 |
|||||
Analysis and Operations |
||||||||||
Operations and Support |
245,905 |
253,253 |
254,476 |
259,253 |
253,253 |
|||||
Total Discretionary Appropriations |
245,905 |
253,253 |
254,476 |
259,253 |
253,253 |
|||||
Total Discretionary Funding |
245,905 |
253,253 |
254,476 |
259,253 |
253,253 |
|||||
Total Budgetary Resources |
245,905 |
253,253 |
254,476 |
259,253 |
253,253 |
|||||
Office of the Inspector General |
||||||||||
Operations and Support |
168,000 |
138,369 |
168,000 |
162,639 |
168,000 |
|||||
Title I Discretionary Appropriations |
168,000 |
138,369 |
168,000 |
162,369 |
168,000 |
|||||
Transfer from FEMA's DRF [Title III]a |
0 |
24,000 |
0 |
0 |
0 |
|||||
FY2018 Supplemental Appropriations |
||||||||||
Operations and Support (emergency, P.L. 115-123) |
25,000 |
0 |
0 |
0 |
0 |
|||||
Total Discretionary Appropriations |
168,000 |
138,369 |
168,000 |
162,369 |
168,000 |
|||||
Total Discretionary Funding (all sources, except transfers) |
193,000 |
138,369 |
168,000 |
162,369 |
168,000 |
|||||
Total Budgetary Resources |
193,000 |
162,369 |
168,000 |
162,369 |
168,000 |
|||||
Total Net Discretionary Appropriations: Title I |
1,295,918 |
1,603,800 |
1,427,475 |
1,484,541 |
1,824,936 |
|||||
Total Net Discretionary Funding (all sources, except transfers) |
1,362,718 |
1,603,800 |
1,466,475 |
1,484,541 |
1,875,936 |
|||||
Projected Total Gross Budgetary Resources: Title I Components |
1,362,718 |
1,627,800 |
1,538,475 |
1,484,541 |
1,875,936 |
Sources: CRS analysis of the DHS FY2019 Budget-in-Brief, P.L. 115-141 and its explanatory statement as printed in the Congressional Record of March 22, 2018, pp. H2544-H2608, S.Rept. 115-283, H.Rept. 115-948, and H.Rept. 116-9.
Notes: FEMA = Federal Emergency Management Agency; DRF = Disaster Relief Fund. Appropriation subtotal lines are shaded, numbers in italics do not contribute separately to appropriation subtotals, numbers in bold represent appropriations plus emergency, disaster relief, and overseas contingency operations-designated funding, numbers in bold italics represent totals of all funding tracked in appropriations committee tables.
a. The Administration requested a $24 million transfer from FEMA's DRF to pay for oversight of disaster-related activities of the DHS Office of the Inspector General (OIG) that are reflected in the last line of this section and table.
Title II, Security, Enforcement, and Investigations, contains appropriations for U.S. Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), the Transportation Security Administration (TSA), the Coast Guard (USCG), and the U.S. Secret Service (USSS). Title II funding represents the majority of DHS's budget, comprising roughly three-quarters of the funding appropriated annually for the department.
For FY2018, these components received $39.52 billion in net discretionary funding, as part of $47.13 billion in projected total budget authority. This included $1.06 billion in supplemental appropriations.
Table 2 shows these comparisons in greater detail.
Table 2. Budgetary Resources for Security, Enforcement, and Investigations Components, FY2018 and FY2019
(budget authority in thousands of dollars)
FY2018 |
FY2019 |
||||||||||||||||
Component/Appropriation |
Enacted |
Request |
Senate Committee-Reported |
|
Enacted |
||||||||||||
Customs and Border Protection (Annual) |
|||||||||||||||||
Operations and Support |
11,485,164 |
12,119,643 |
11,963,581 |
12,002,072 |
12,179,729 |
||||||||||||
Procurement, Construction and Improvements |
2,281,357 |
1,841,548 |
2,028,872 |
5,510,244 |
2,515,878 |
||||||||||||
CBP Services at User Fee Facilities (Permanent Indefinite Discretionary) |
9,001 |
8,941 |
8,941 |
8,941 |
8,941 |
||||||||||||
Colombia Free Trade Act Collections (Administrative Provision) |
242,000 |
255,000 |
255,000 |
255,000 |
255,000 |
||||||||||||
Reimbursable Preclearance (Administrative Provision) |
39,000 |
39,000 |
39,000 |
39,000 |
39,000 |
||||||||||||
Total Annual Discretionary Appropriations |
14,056,522 |
14,264,132 |
14,295,394 |
17,815,257 |
14,998,548 |
||||||||||||
Offsetting Collection (Reimbursable Preclearance) |
39,000 |
39,000 |
39,000 |
39,000 |
39,000 |
||||||||||||
Total Annual Net Discretionary Appropriations |
14,017,522 |
14,225,132 |
14,256,394 |
17,776,257 |
14,959,548 |
||||||||||||
FY2018 Supplemental Appropriations |
|||||||||||||||||
Operations and Support (emergency, P.L. 115-123) |
104,494 |
0 |
0 |
0 |
0 |
||||||||||||
Procurement, Construction and Improvements (emergency, P.L. 115-123) |
45,000 |
0 |
0 |
0 |
0 |
||||||||||||
FY2019 Supplemental Appropriations Operations and Support (emergency, P.L. 116-26) 0 0 0 0 1,015,431 Procurement, Construction and Improvements (emergency, P.L. 116-26) 0 0 0 0 85,000 |
14,167,016 |
14,225,132 |
14,256,394 |
17,776,257 |
14,959,548 |
||||||||||||
Fees, Mandatory Spending, and Trust Funds |
2,300,668 |
2,455,185 |
2,297,702 |
2,298,185 |
2,297,702 |
||||||||||||
Total Budgetary Resources |
16,506,684 |
16,719,317 |
16,593,096 |
20, |
17,296,250 |
||||||||||||
Immigration and Customs Enforcement |
|||||||||||||||||
Operations and Support |
6,993,975 |
8,221,099a |
7,139,842 |
7,333,079 |
7,542,153 |
||||||||||||
Procurement, Construction, and Improvements |
81,899 |
70,431 |
70,431 |
70,431 |
45,559 |
||||||||||||
Total Annual Discretionary Appropriations |
7,075,874 |
8,291,530 |
7,210,273 |
7,403,510 |
7,587,712 |
||||||||||||
FY2018 Supplemental Appropriations |
|||||||||||||||||
Operations and Support (emergency, P.L. 115-123) |
30,905 |
0 |
0 |
0 |
0 |
||||||||||||
Procurement, Construction, and Improvements (emergency, P.L. 115-123) |
33,052 |
0 |
0 |
0 |
0
|
FY2019 Supplemental Appropriations
|
Operations and Support (emergency, P.L. 116-20)
|
0
|
0
|
0
|
0 208,945 |
||||||
Total Discretionary Funding |
7,139,831 |
8,291,530 |
7,210,273 |
7,403,510 |
7, |
||||||||||||
Fees, Mandatory Spending, and Trust Funds |
376,610 |
525,600 |
318,000 |
318,000 |
318,000 |
||||||||||||
Total Budgetary Resources |
7,516,441 |
8,817,130 |
7,528,273 |
|
7,905,712 |
||||||||||||
Transportation Security Administration |
|||||||||||||||||
Operations and Support |
7,207,851 |
7,075,950 |
7,302,455 |
|
7,410,079 |
||||||||||||
Procurement, Construction, and Improvements |
167,314 |
139,629 |
189,629 |
|
169,789 |
||||||||||||
Research and Development |
20,190 |
20,594 |
20,594 |
|
20,594 |
||||||||||||
Total Annual Discretionary Appropriations |
7,395,355 |
7,236,173 |
7,512,678 |
|
7,600,462 |
||||||||||||
Offsetting Collections (Operations and Support) |
2,470,000 |
3,190,000 |
2,670,000 |
|
2,670,000 |
||||||||||||
Total Net Discretionary Appropriations |
4,925,355 |
4,046,173 |
4,842,678 |
|
4,930,462 |
||||||||||||
FY2018 Supplemental Appropriations |
|||||||||||||||||
Operations and Support (emergency, P.L. 115-123) |
10,322 |
0 |
0 |
0 |
0 |
||||||||||||
Total Net Discretionary Funding |
4,935,677 |
4,046,173 |
4,842,678 |
|
4,930,462 |
||||||||||||
Fees, Mandatory Spending, and Trust Funds |
490,559 |
489,855 |
489,855 |
|
489,855 |
||||||||||||
Total Budgetary Resources |
7,896,236 |
7,726,058 |
8,002,563 |
|
8,090,317 |
||||||||||||
U.S. Coast Guardb |
|||||||||||||||||
Operations and Supportc |
7,488,188 |
7,593,138 |
7,792,409 |
|
7,808,201 |
||||||||||||
Overseas Contingency Operations (OCO) Adjustment—included in Operations and Supportd |
163,000 |
0 |
165,000 |
0 |
165,000 |
||||||||||||
Environmental Compliance and Restoration |
13,397 |
*e |
13,429 |
|
*e |
||||||||||||
Procurement, Construction, and Improvements |
2,694,745 |
1,886,750 |
2,169,260 |
|
2,248,260 |
||||||||||||
Transfer from Science and Technology Directorate Unobligated Balances |
0 |
0 |
0 |
95,000f |
0 |
||||||||||||
Research and Development |
29,141 |
19,109 |
20,109 |
|
20,256 |
||||||||||||
Health Care Fund Contribution (Permanent Indefinite Discretionary) |
204,136 |
199,360 |
199,360 |
199,360 |
199,360 |
||||||||||||
Coast Guard Continuation of Pay (Administrative Provision) |
2,000 |
0 |
0 |
0 |
0 |
||||||||||||
House Full Committee Amendment |
0 |
0 |
0 |
1,000 |
0 |
||||||||||||
Total Discretionary Appropriations (does not include OCO or transfers) |
10,268,607 |
9,698,357 |
10,194,567 |
9,282,857 |
10, |
||||||||||||
FY2018 Supplemental Appropriations |
|||||||||||||||||
Operating Expenses |
112,136 |
0 |
0 |
0 |
0 |
||||||||||||
Environmental Compliance and Restoration |
4,038 |
0 |
0 |
0 |
0 |
||||||||||||
Acquisition, Construction, and Improvements |
718,919 |
0 |
0 |
0 |
0 |
||||||||||||
FY2019 Supplemental Appropriations Operating Expenses (emergency, P.L. 116-20) 0 0 0 0 48,977 Procurement, Construction, and Improvements (emergency, P.L. 116-20) 0 0 0 0 476,755 |
11, |
9,698,357 |
10,194,567 |
9,282,857 |
10, |
||||||||||||
Fees, Mandatory Spending, and Trust Funds |
1,676,117 |
1,739,844 |
1,739,844 |
1,739,844 |
1,739,844 |
||||||||||||
Total Budgetary Resources |
12, |
11,438,201 |
11,934,411 |
11,117,701 |
12, |
||||||||||||
U.S. Secret Service |
|||||||||||||||||
Operations and Support |
1,915,794 |
2,084,308 |
2,093,684 |
|
2,148,528 |
||||||||||||
Procurement, Construction, and Improvements |
90,480 |
64,816 |
83,531 |
64,816 |
97,131 |
||||||||||||
Research and Development |
250 |
2,500 |
2,500 |
|
2,500 |
||||||||||||
Total Discretionary Appropriations |
2,006,524 |
2,151,624 |
2,179,715 |
|
2,248,159 |
||||||||||||
Total Discretionary Funding |
2,006,524 |
2,151,624 |
2,179,715 |
|
2,248,159 |
||||||||||||
Fees, Mandatory Spending, and Trust Funds |
265,000 |
265,000 |
265,000 |
|
265,000 |
||||||||||||
Total Budgetary Resources |
2,271, |
2,416,624 |
2,444,715 |
|
2,513,159 |
||||||||||||
Total Net Discretionary Appropriations: Title II |
38,291,882 |
38,412,816 |
38,518,627 |
41,277,971 |
39,836,958 |
||||||||||||
Total Net Discretionary Funding: Title II Components (All Sources) |
39,513,748 |
38,412,816 |
38,683,627 |
41,277,971 |
40,001,958 |
||||||||||||
Projected |
47,131,706 |
47,077,330 |
46,464,058 |
49,192,855 |
47,821,359 |
Sources: CRS analysis of the DHS FY2019FY2019 Budget-in-Brief, P.L. 115-141 and its explanatory statement as printed in the Congressional Record of March 22, 2018, pp. H2544- H2608, S.Rept. 115-283, H.Rept. 115-948, and H.Rept. 116-9, P.L. 116-20, and P.L. 116-26.
Notes: Appropriation subtotal lines are shaded, numbers in italics do not contribute separately to appropriation subtotals, numbers in bold represent appropriations plus emergency, disaster relief, and overseas contingency operations-designated funding, numbers in bold italics represent totals of all funding tracked in appropriations committee tables. 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. The detail table in the Senate Appropriations Committee report indicated a $474,000 smaller Operations and Support request for CBP, reflected in the Custody Operations and Office of the Principal Legal Advisor sub-PPAs. The table in this report reflects the number in the detail table in the explanatory statement.
b. FY2019 was the first year that appropriations were requested for the USCG in the Common Appropriations Structure (CAS). This table shows FY2018 annual appropriations redistributed into the CAS.
c. In the FY2019 budget request this appropriation incorporates the former Operating Expenses, Reserve Training, and Environmental Compliance and Restoration appropriations. In the committee-reported bills, Environmental Compliance and Restoration was maintained as a separate appropriation. The table reflects the committee-reported structure.
d. $165,000,000 was requested by the Trump Administration for the Coast Guard from the Navy's OCO Operations and Maintenance appropriation (see pp. 359-366 of Department of the Navy Fiscal Year 2019 Budget Estimates, Justification of Estimates, February 2018, Overseas Contingency Operations (OCO) Request, at http://www.secnav.navy.mil/fmc/fmb/Documents/19pres/OCO_BOOK.pdf).
e. $13,429,000 for Environmental Compliance and Restoration was included as part of the Trump Administration's FY2019 request for USCG Operations and Support. After a change was made in the FY2019 USCG authorization, P.L. 116-6 included the requested structure.
f. An amendment adopted in House Appropriations Committee markup provided for $95 million to be transferred from unobligated balances of the Science and Technology Directorate for initial acquisition costs of buying an 11th National Security Cutter for the Coast Guard.
Title III, Protection, Preparedness, Response, and Recovery, contains appropriations for the Cybersecurity and Infrastructure Security Agency (CISA),2037 the Office of Health Affairs (OHA), and the Federal Emergency Management Agency (FEMA). It is the second largest of the component-specific titles.
For FY2018, these components received $7.22 billion in net discretionary appropriations and $7.37 billion in specially designated funding for disaster relief through the annual appropriations process. In addition to that annual funding, $58.23 billion was provided for FEMA in emergency supplemental appropriations in FY2018. Incorporating all these elements, the total net discretionary funding level for all Title III components was $72.61 billion for FY2018.
Table 3. Budgetary Resources for Protection, Preparedness, Response, and Recovery Components, FY2018 and FY2019
(budget authority in thousands of dollars)
FY2018 |
FY2019 |
||||||||||
Component / Appropriation |
Enacted |
Request |
Senate Committee-Reported |
|
Enacted |
||||||
Cybersecurity and Infrastructure Security Agency |
|
|
|
|
|||||||
Operations and Support |
1,482,165 |
1,470,340 |
1,568,718 |
1,550,112 |
1,345,802 |
||||||
Procurement, Construction, and Improvements |
414,111 |
302,964 |
369,778 |
367,964 |
322,829 |
||||||
Research and Development |
15,126 |
47,847 |
11,126 |
16,486 |
13,126 |
||||||
Federal Protective Service |
1,476,055 |
1,527,110 |
1,527,110 |
1,527,110 |
1,527,110 |
||||||
Total Discretionary Appropriations |
3,387,457 |
3,348,261 |
3,476,732 |
3,461,672 |
3,208,867 |
||||||
Offsetting Collections (Federal Protective Service) |
1,476,055 |
1,527,110 |
1,527,110 |
1,527,110 |
1,527,110 |
||||||
Total Net Discretionary Appropriations |
1,911,402 |
1,821,151 |
1,949,622 |
1,934,562 |
1,681,757 |
||||||
Total Discretionary Funding |
1,911,402 |
1,821,151 |
1,949,622 |
1,934,562 |
1,681,757 |
||||||
Total Budgetary Resources |
3,387,457 |
3,348,261 |
3,476,732 |
3,461,672 |
3,208,867 |
||||||
Office of Health Affairsa |
|||||||||||
Operations and Support |
121,569 |
0 |
121,569 |
0 |
0 |
||||||
Total Discretionary Appropriations |
121,569 |
0 |
121,569 |
0 |
0 |
||||||
Total Discretionary Funding |
121,569 |
0 |
121,569 |
0 |
0 |
||||||
Total Budgetary Resources |
121,569 |
0 |
121,569 |
0 |
0 |
||||||
Federal Emergency Management Agency |
|||||||||||
Operations and Support |
1,030,135 |
1,036,282 |
1,054,838 |
1,057,599 |
1,066,258 |
||||||
Procurement, Construction, and Improvements |
85,276 |
103,349 |
128,349 |
103,349 |
133,830 |
||||||
Federal Assistance |
3,293,932 |
2,644,733 |
3,272,939 |
3,356,525 |
3,094,210 |
||||||
Disaster Relief Fundb |
7,900,720 |
7,234,000 |
7,234,000 |
7,210,000 |
12,558,000 |
||||||
Disaster relief designation |
7,366,000 |
6,652,000 |
6,652,000 |
6,652,000 |
12,000,000 |
||||||
DRF base funding |
534,720 |
582,000 |
582,000 |
558,000 |
558,000 |
||||||
Transfer to DHS Office of Inspector General |
0 |
24,000 |
0 |
0 |
0 |
||||||
Subtotal: Net disaster relief funding |
7,900,720 |
7,210,000 |
7,234,000 |
7,210,000 |
12,558,000 |
||||||
National Flood Insurance Fund (NFIF) |
203,500 |
201,691 |
201,691 |
201,691 |
202,153 |
||||||
Disaster Assistance Direct Loan Program |
0 |
3,000 |
3,000 |
0c |
0c |
||||||
Radiological Emergency Preparedness Program (Administrative Provisions) |
-1,024 |
-665 |
-665 |
-665 |
-665 |
||||||
Title III Discretionary Appropriations (does not include transfers, emergency or disaster relief-designated funding) |
5,146,539 |
4,570,390 |
5,242,152 |
5,276,499 |
5,053,786 |
||||||
Presidential Residence Protection (Title V) |
41,000 |
0 |
0 |
41,000 |
41,000 |
||||||
Total Annual Discretionary Appropriations |
5,187,539 |
4,570,390 |
5,242,152 |
5,317,499 |
5,094,786 |
||||||
Appropriations drawn from DRF unobligated balances (Federal Assistance) |
0 |
0 |
228,000 |
0 |
300,000 |
||||||
Offsetting Collections (NFIF) |
203,500 |
201,691 |
201,691 |
201,691 |
202,153 |
||||||
Total Annual Net Discretionary Appropriations |
4,984,039 |
4,368,699 |
4,812,461 |
5,115,808 |
4,592,633 |
||||||
FY2018 Supplemental Appropriations |
|||||||||||
Operations and Support (emergency, P.L. 115-123) |
58,800 |
0 |
0 |
0 |
0 |
||||||
Procurement, Construction, and Improvements (emergency, P.L. 115-123) |
1,200 |
0 |
0 |
0 |
0 |
||||||
Disaster Relief Fund (emergency, P.L. 115-56 (FY2017), P.L. 115-72, P.L. 115-123) |
42,170,000 |
0 |
0 |
0 |
0 |
||||||
National Flood Insurance Fund (emergency, P.L. 115-72) |
16,000,000 |
0 |
0 |
0 |
0 |
||||||
FY2019 Supplemental Appropriations Federal Assistance (emergency, P.L. 116-26) 0 0 0 0 30,000 |
70,580,039 |
11,020,699 |
11,464,461 |
11,767,808 |
16, |
||||||
Fees, Mandatory Spending, and Trust Funds |
4,779,036 |
4,484,683 |
4,484,683 |
4,484,683 |
4,484,683 |
||||||
Total Budgetary Resources |
75,562,575 |
15,481,382 |
15,949,144 |
16,252,491 |
21, |
||||||
Total Net Discretionary Appropriations: Title III |
7,179,510 |
6,189,850 |
6,883,652 |
7,050,370 |
6,274,390 |
||||||
Total Discretionary Funding: Title III Components (All Sources) |
72,613,010 |
12,841,850 |
13,535,652 |
13,702,370 |
18, |
||||||
Projected Total Gross Budgetary Resources: Title III Components |
79,071,601 |
18,829,643 |
19,547,445 |
19,714,163 |
24, |
SourcesSources: CRS analysis of the DHS FY2019FY2019 Budget-in-Brief, P.L. 115-141 and its explanatory statement as printed in the Congressional Record of March 22, 2018, pp. H2544-H2608, S.Rept. 115-283, H.Rept. 115-948, and H.Rept. 116-9, and P.L. 116-26.
Notes: Appropriation subtotal lines are shaded, numbers in [brackets] are subtotals presented for convenience of the reader, numbers in italics do not contribute separately to appropriation subtotals, numbers in bold represent appropriations plus emergency, disaster relief, and overseas contingency operations-designated funding, numbers in bold italics represent totals of all funding tracked in appropriations committee tables. 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. The Administration proposed reorganizing the Office of Health Affairs (OHA) and Domestic Nuclear Detection Office (DNDO) into the Office of Countering Weapons of Mass Destruction (CWMD). The Senate Appropriations Committee did not object to the restructuring, but continued to present OHA appropriations in the old structure, as the authorizing committees had not ratified the move. The House Appropriations Committee funded the OCWMD in the structure requested, as did P.L. 116-6.
b. This line is a subtotal of the "Base" line and the "Major Disasters" line (also known as the disaster relief adjustment)—it represents the total resources provided to the DRF. Amounts covered by the disaster relief adjustment (or other adjustments, such as those for emergency requirements or overseas contingency operations) are not included in appropriations totals, but are included in discretionary funding and other budget authority totals, per appropriations committee practice.
c. H.R. 6776 and P.L. 116-6 included $3 million for these purposes as a transfer from the DRF.
Title IV, Research and Development, Training, and Services, the second smallest of the component-specific 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). In FY2018, these components received $1.57 billion in net discretionary funding, as part of a projected total budget of $5.92 billion. This included $10 million in supplemental appropriations for FLETC.
Table 4 shows these comparisons in greater detail.
Table 4. Budgetary Resources for Research and Development, Training, and Services Components, FY2018 and FY2019
(budget authority in thousands of dollars)
FY2018 |
FY2019 |
||||
Component/Appropriation |
Enacted |
Request |
Senate Committee-Reported |
House Committee-Reported |
Enacted |
U.S. Citizenship and Immigration Services |
|||||
Operations and Support |
108,856 |
109,081 |
109,081 |
109,081 |
109,688 |
Procurement, Construction, and Improvements |
22,657 |
22,838 |
22,838 |
22,838 |
22,838 |
Federal Assistance |
0 |
0 |
0 |
0 |
10,000 |
Immigration Authorization Extensions (Administrative Provision) |
1,000 |
0 |
0 |
0 |
0 |
Total Annual Discretionary Appropriations |
132,513 |
131,919 |
131,919 |
131,919 |
142,526 |
Total Discretionary Funding |
132,513 |
131,919 |
131,919 |
131,919 |
142,526 |
Fees, Mandatory Spending, and Trust Funds |
4,350,526 |
4,587,651 |
4,587,651 |
4,587,651 |
4,587,651 |
Total Budgetary Resources |
4,483,039 |
4,719,570 |
4,719,570 |
4,719,570 |
4,730,177 |
Federal Law Enforcement Training Center |
|||||
Operations and Support |
254,000 |
296,557 |
275,666 |
254,774 |
277,876 |
Procurement, Construction, and Improvements |
0 |
85,577 |
85,577 |
0 |
50,943 |
Total Annual Discretionary Appropriations |
254,000 |
382,134 |
361,243 |
254,774 |
328,819 |
FY2018 Supplemental Appropriations |
|||||
Operations and Support (emergency, P.L. 115-141) |
5,374 |
0 |
0 |
0 |
0 |
Procurement, Construction, and Improvements (emergency, P.L. 115-141) |
5,000 |
0 |
0 |
0 |
0 |
Total Discretionary Funding |
264,374 |
382,134 |
361,243 |
254,774 |
328,819 |
Total Budgetary Resources |
264,374 |
382,134 |
361,243 |
254,774 |
328,819 |
Science and Technology |
|||||
Operations and Support |
331,113 |
271,803 |
308,520 |
304,408 |
308,520 |
Research and Development |
509,830 |
311,480 |
504,596 |
497,751 |
511,265 |
Total Discretionary Appropriations |
840,943 |
583,283 |
813,116 |
802,159 |
819,785 |
Total Discretionary Funding |
840,943 |
583,283 |
813,116 |
802,159 |
819,785 |
Total Budgetary Resources |
840,943 |
583,283 |
813,116 |
802,159 |
819,785 |
Domestic Nuclear Detection Officea |
|||||
Operations and Support |
54,664 |
0 |
54,664 |
0 |
0 |
Procurement, Construction, and Improvements |
89,096 |
0 |
89,096 |
0 |
0 |
Research and Development |
145,661 |
0 |
145,661 |
0 |
0 |
Federal Assistance |
46,019 |
0 |
46,019 |
0 |
0 |
Total Discretionary Appropriations |
335,440 |
0 |
335,440 |
0 |
0 |
Total Discretionary Funding |
335,440 |
0 |
335,440 |
0 |
0 |
Total Budgetary Resources |
335,440 |
0 |
335,440 |
0 |
0 |
Office of Countering Weapons of Mass Destructiona |
|||||
Operations and Support |
0 |
209,264 |
0 |
214,264 |
187,095 |
Procurement, Construction, and Improvements |
0 |
74,896 |
0 |
74,896 |
100,096 |
Research and Development |
0 |
80,443 |
0 |
80,443 |
83,043 |
Federal Assistance |
0 |
64,663b |
0 |
64,663 |
64,663 |
Total Discretionary Appropriations |
0 |
429,266 |
0 |
434,266 |
434,897 |
Total Discretionary Funding |
0 |
429,266 |
0 |
434,266 |
434,897 |
Total Budgetary Resources |
0 |
429,266 |
0 |
434,266 |
434,897 |
Total Net Discretionary Appropriations: Title IV |
1,562,896 |
1,526,602 |
1,641,718 |
1,623,118 |
1,726,027 |
Total Discretionary Funding: Title IV Components (All Sources) |
1,573,270 |
1,526,602 |
1,641,718 |
1,623,118 |
1,726,027 |
Projected Total Gross Budgetary Resources for Title IV Components |
5,923,796 |
6,114,253 |
6,114,253 |
6,210,769 |
6,313,678 |
Source: CRS analysis of the DHS FY2019 Budget-in-Brief, P.L. 115-141 and its explanatory statement as printed in the Congressional Record of March 22, 2018, pp. H2544-H2608, S.Rept. 115-283, H.Rept. 115-948, and H.Rept. 116-9.
Notes: Appropriation subtotal lines are shaded, numbers in italics do not contribute separately to appropriation subtotals, numbers in bold represent appropriations plus emergency, disaster relief, and overseas contingency operations-designated funding, numbers in bold italics represent totals of all funding tracked in appropriations committee tables. Fee revenues included in the "Fees, Mandatory Spending, and Trust Funds" lines are projections.
a. The Administration proposed reorganizing the Office of Health Affairs (OHA) and Domestic Nuclear Detection Office (DNDO) into the Office of Countering Weapons of Mass Destruction (CWMD). The Senate Appropriations Committee did not object to the restructuring, but continued to present OHA appropriations in the old structure, as the authorizing committees had not ratified the move. The House Appropriations Committee funded the OCWMD in the structure requested, as did P.L. 116-6.
b. This request appears to have been left out of the detail table in H.Rept. 116-9.
As noted above, the fifth title of the FY2019 DHS appropriations act contains general provisions, the impact of which may reach across the entire department, affect 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 in this title.2240
For FY2018, Division F of P.L. 115-141 included $489 million in rescissions. For FY2019, the Administration proposed rescinding $300 million in prior-year funding from the DRF. S. 3109 included $137 million in rescissions from other appropriations, but specifically directed the $300 million the Administration had proposed rescinding from the DRF to other activities within DHS. H.R. 6776 did not include any rescissions, although an amendment from Representative Palazzo was passed in full committee markup on a voice vote redirecting unobligated balances from the Science and Technology Directorate to the Coast Guard. Division A of P.L. 116-6 included $303 million in rescissions, and a provision directing that $300 million of DRF unobligated balances be used to offset new DRF appropriations.
In FY2018, funding was also included in Title V for the Financial Systems Modernization initiative and a grant program for Presidential Residence Protection costs, which are reflected in the tables for Title I and Title III, respectively, as those titles fund the components that manage these resources. For FY2019, Title V of S. 3109 only funded the Financial Systems Modernization initiative, and Title V of H.R. 6776 only funded Presidential Residence Protection costs. Title V of P.L. 116-6, Division A, included funding for both the Financial Systems Modernization initiative and Presidential Residence Protection costs.23
The detail table in the back of H.Rept. 115-948 also notes the discretionary cost of several policy changes in H.R. 6776. Four amendments adopted in House Appropriations Committee markup resulted in a net $13 million increase in the score of the bill, which is reflected in the detail table, but not in the tables of this report. No such costs are reflected in the detail table of H.Rept. 116-9.
For additional perspectives on FY2019 DHS appropriations, see the following:
Congressional clients also may wish to consult CRS's experts directly. The following table lists CRS analysts and specialists who have expertise in policy areas linked to DHS appropriations.
Component/Issue Area |
Name |
Background Report |
DHS Annual and Supplemental Appropriations, Overall |
William Painter |
|
Departmental Management, Personnel Issues |
Barbara L. Schwemle |
CRS Insight IN11035, Department of Homeland Security Human Resources Management: Homeland Security Issues in the 116th Congress |
DHS Headquarters Consolidation |
William Painter |
CRS Report R42753, DHS Headquarters Consolidation Project: Issues for Congress |
Analysis and Operations |
William Painter (acting) |
|
Office of the Inspector General |
Kathryn A. Francis |
CRS Report R43814, Federal Inspectors General: History, Characteristics, and Recent Congressional Actions |
U.S. Customs and Border Protection |
William A. Kandel |
CRS Report R42138, Border Security: Immigration Enforcement Between Ports of Entry |
U.S. Immigration and Customs Enforcement |
William A. Kandel |
CRS Report R44627, Interior Immigration Enforcement: Criminal Alien Programs |
Transportation Security Administration |
Bart Elias |
CRS Report R45082, Security of Air Cargo Shipments, Operations, and Facilities; and CRS Report R45500, Transportation Security: Issues for the 116th Congress |
U.S. Coast Guard |
John Frittelli |
CRS Report R44566, The Coast Guard's Role in Safeguarding Maritime Transportation: Selected Issues |
U.S. Secret Service |
Shawn Reese |
CRS Report RL34603, The U.S. Secret Service: History and Missions |
Cybersecurity and Infrastructure Security Agency |
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Cybersecurity |
Chris Jaikaran |
CRS In Focus IF10683, DHS's Cybersecurity Mission—An Overview |
Infrastructure Protection |
Frank Gottron |
|
Federal Protective Service |
Shawn Reese |
CRS Report R43570, Federal Building and Facility Security: Frequently Asked Questions |
Federal Emergency Management Agency |
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Disaster Response |
Elizabeth Webster |
CRS Report R41981, Congressional Primer on Responding to Major Disasters and Emergencies |
Disaster Relief Fund |
William L. Painter |
CRS Report R45484, The Disaster Relief Fund: Overview and Issues |
Mitigation Programs |
Diane P. Horn |
|
Stafford Act Individual Assistance Program |
Elizabeth Webster |
CRS Insight IN11054, Disaster Housing Assistance: Homeland Security Issues in the 116th Congress |
Stafford Act Public Assistance Program |
Natalie Keegan |
CRS Report R43990, FEMA's Public Assistance Grant Program: Background and Considerations for Congress |
Preparedness Grants |
Shawn Reese |
CRS Report R44669, Department of Homeland Security Preparedness Grants: A Summary and Issues |
Firefighter Assistance Grants |
Lennard G. Kruger |
CRS Report RL32341, Assistance to Firefighters Program: Distribution of Fire Grant Funding; and CRS Report RL33375, Staffing for Adequate Fire and Emergency Response: The SAFER Grant Program |
Disaster Declarations |
Bruce R. Lindsay |
CRS Report R42702, Stafford Act Declarations 1953-2016: Trends, Analyses, and Implications for Congress |
National Flood Insurance Program |
Diane P. Horn |
CRS Report R44593, Introduction to the National Flood Insurance Program (NFIP) |
U.S. Citizenship and Immigration Services |
William A. Kandel |
CRS Report R44038, U.S. Citizenship and Immigration Services (USCIS) Functions and Funding |
Science and Technology |
Daniel Morgan |
CRS Report R44786, Science and Technology Issues in the 115th Congress |
Countering Weapons of Mass Destruction Office |
Frank Gottron |
CRS Report R44786, Science and Technology Issues in the 115th Congress |
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 Act2442 prohibits federal agencies from obligating more funds than the budget authority enacted by Congress. Budget authority also may be indefinite in amount, 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 available for obligation only 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—which create a legal requirement for the government to pay. Outlays are the funds that are actually spent during the fiscal year.2543 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 funded 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 19902644 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 appropriated each year and are included in appropriations acts. Within DHS, Coast Guard retirement pay is an example of appropriated mandatory spending.
Offsetting Collections27
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 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. No subcommittee allocations are developed for conference reports or enacted appropriations bills.
Table A-1 shows comparable figures for the 302(b) allocation for FY2018, based on the adjusted net discretionary budget authority included in Division F of P.L. 115-141, the President's request for FY2019, and the House and Senate subcommittee allocations for the Homeland Security appropriations bills for FY2019.
Table A-1. FY2018 and FY2019 302(b) Discretionary Allocations for DHS
(budget authority in billions of dollars)
FY2018 Comparable |
FY2019 Request Comparable |
FY2019 House Allocation |
FY2019 Senate Allocation |
FY2019 Enacted Comparable |
47.723 |
41.194 |
51.435 |
48.334 |
49.410 |
Sources: CRS analysis of S.Rept. 115-340 Further Revised Allocation to Subcommittees of Budget Totals for Fiscal Year 2019, H.Rept. 115-779, Revised Suballocation of Budget Allocations for Fiscal Year 2019, and H.Rept. 116-9.
Notes: These allocations do not include funding designated as an emergency requirement, designated as being for overseas contingency operations, or designated as being for the costs of major disasters under the Stafford Act ("disaster relief").
The Budget Control Act, Discretionary Spending Caps, and Adjustments
The Budget Control Act established enforceable discretionary limits, or caps, for defense and nondefense spending for each fiscal year from FY2012 through FY2021. Subsequent legislation, including the Bipartisan Budget Act of 2013,2846 amended those caps. Most of the budget for DHS is considered nondefense spending.2947
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 was determined by the Office of Management and Budget (OMB), using the following formula until FY2019:
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.
The Bipartisan Budget Act of 2018 amended the above formula, increasing the allowable size of the adjustment by adding 5% of the amount of emergency-designated funding for major disasters under the Stafford Act, calculated by OMB as $6.296 billion.3048 The act also extended the availability of unused adjustment capacity. In August 2018, OMB released a sequestration update report for FY2019 that provided a preview estimate of the allowable adjustment for FY2019 of $14.965 billion3149—the second-largest allowable adjustment for disaster relief in the history of the mechanism.3250 $12 billion of that adjustment was exercised in P.L. 116-6, Division A, in appropriations for the Disaster Relief Fund. No other annual appropriations used the disaster relief adjustment for FY2019.
Author Contact Information
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. |
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2. |
For |
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3. |
For a discussion of allocations of discretionary budget authority, see the Appendix. |
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4. |
This definition is drawn from the term's usage in the detail tables provided in multiple House Appropriations Committee reports, conference reports, and explanatory statements. It should be noted that this term has also been used as shorthand for the adjusted net discretionary budget authority in some appropriations committee communications. See https://appropriations.house.gov/uploadedfiles/03.21.18_fy18_omnibus_-_homeland_security_-_summary.pdf for an example. |
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5. |
The explanatory statement is available in the Congressional Record of March 22, 2018, pp. H2544-H2608. |
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6. |
In addition, as FY2018 annual appropriations had yet to be enacted, the request did not include a comparison of the Administration's proposal to an enacted level for the current fiscal year. |
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7. |
Information on this OCO funding are provided only for reference: annual appropriations provided in other annual appropriations bills for DHS functions is not tracked in the totals or tables for this report. |
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8. |
Sections 125-128 of division C provide special accommodations for disaster relief and recovery activities, operations of the National Bio and Agro-Defense Facility, maintenance of staffing levels at certain components, purchase of armored vehicles for the Secret Service, and management of activities formerly funded through the DHS Working Capital Fund. |
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9. |
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10.
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11.
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Roll No. 39, 116th Congress. 12.
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Congressional Budget Office, "Cost Estimate for Divisions A and B of Senate Amendment 201 to H.R. 268, as filed for consideration by the Senate on March 26, 2019," press release, March 27, 2019, https://www.cbo.gov/publication/55086. 13.
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Record vote 55, on invoking cloture on S.Amdt. 201 was 44-49, and record vote 56, on invoking cloture on H.R. 268, was 46-48. 14.
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Roll No. 202. 15.
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Record vote 128. 16.
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Roll No. 232. 17.
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Letter from Russell T. Vought, Acting Director, Office of Management and Budget, to The Honorable Michael R. Pence, President of the Senate, May 1, 2019, https://www.whitehouse.gov/wp-content/uploads/2019/05/Pence.pdf. 18.
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The request letter and a table released by the White House that same day do not provide adequate detail to calculate a precise level of funding requested for each component, or identify a specific request level for component appropriations. 19.
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Roll No. 413. 20.
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Roll No. 414. 21.
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Record vote 182. 22.
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Record vote 183. 23.
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Record vote 184. 24.
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Record vote 185. 25.
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Roll No. 429. |
Although most appropriations are available for only one year, not all appropriations are spent in the year they are provided. Some appropriations, such as those for Procurement, Construction, and Improvements, are available for multiple years. Others, such as those for the Disaster Relief Fund, never expire, and are available until they are used or rescinded. |
Generally speaking, those provided through annual legislation. For more detail, see the text box above and the Appendix. |
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These items, which qualify for special designation under the Budget Control Act, provide discretionary budget authority to DHS components but are not included in the "appropriations" total for the bill at the end of the detail tables in the committee reports. |
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Although the House and Senate have generally produced symmetrically structured bills in the past, 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 FY2017, the House and Senate committee bills took different approaches to restructuring appropriations and departmental functions, and ultimately, a sixth title was added to provide supplemental appropriations requested by the then-new Trump Administration. |
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The detail table at the end of the explanatory statement notes the budget authority provided by these provisions, as well as budget authority that scorekeeping rules mandate be included in the act's total spending. |
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Office of the Chief Financial Officer, A Common Appropriations Structure for DHS: FY2016 Crosswalk, U.S. Department of Homeland Security, February 2, 2015, p. 2. |
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The Management Directorate includes the Office of the Under Secretary for Management (USM), the Office of the Chief Financial Officer, and the Office of the Chief Information Officer (CIO). |
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This includes $2 million charged to the discretionary score of the bill for a policy provision regarding expenses of primary and secondary schooling for DHS employee dependents. (The provision was included in the House-passed bill as Division E, Section 530, but not in the Senate draft or enacted FY2018 annual appropriation.) |
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Other resources that contribute to the budget for these components include mandatory spending, fee revenues, and trust funds. CRS uses the Administration's formally documented budget request as scored by CBO as the basis of these comparisons. President Trump has made public comments referring to a $5 billion request in FY2019 for border barrier construction that he has reportedly made to lawmakers in direct discussions. This would normally be funded through Title II of the DHS appropriations bill, in the Procurement, Construction, and Improvements appropriation for CBP. However, the Administration's formal documented budget request for that particular appropriation for FY2019 includes $1.6 billion for "border wall construction." |
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Letter from Russell T. Vought, Acting Director, Office of Management and Budget, to The Honorable Richard Shelby, Chairman, Senate Committee on Appropriations, January 6, 2019, https://www.whitehouse.gov/wp-content/uploads/2019/01/Final-Shelby-1-6-19.pdf. |
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37.
The Administration's publicly available documentation of the request was not sufficient to break down requested budget authority by component or appropriation. |
CISA was formerly known as the National Protection and Programs Directorate (NPPD). |
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In addition to the appropriations provided in Title III, the appropriation for a FEMA grant program in Title V to help pay the costs of presidential protection, and the funding for disaster relief ($24 million of which was requested to be transferred to the OIG), roughly $1.73 billion is provided through offsetting collections to the Federal Protective Service and FEMA—but as it is funded through offsetting collections, it is not visible in the net discretionary appropriations 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. |
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40.
The Administration's publicly available documentation of the request was not sufficient to break down requested budget authority by component or appropriation. |
As noted elsewhere, general provisions also may provide funding. Incidences where this occurs in the act are reflected in Tables 1-4. |
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§521 and §531, respectively. |
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31 U.S.C. §§1341, 1342, 1344, 1511-1517. |
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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 https://www.fiscal.treasury.gov/fsreports/rpt/combStmt/cs2017/c18.pdf. |
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P.L. 101-508, Title XIII. |
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Prepared with assistance from Bill Heniff Jr., Analyst in American National Government. |
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Most of the defense spending in the DHS budget is in the budget for the National Protection and Programs Directorate. Other defense spending is also included in the budgets for the U.S. Coast Guard and Federal Emergency Management Agency. |
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Letter from Mick Mulvaney, Director, OMB, to the Honorable Patrick Leahy, Vice Chairman, Committee on Appropriations, U.S. Senate, April 23, 2018. |
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Executive Office of the President of the United States, OMB Sequestration Update Report to the President and Congress for Fiscal Year 2019, Washington, DC, August 20, 2018, p. 14, https://www.whitehouse.gov/wp-content/uploads/2018/08/Sequestration_Update_August_2018_House.pdf. |
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Only the allowable adjustment for FY2015 was higher, at $18.430 billion. |