Order Code RL31802
CRS Report for Congress
Received through the CRS Web
Appropriations for FY2004:
Department of Homeland Security
Updated July 12, 2003
Paul M. Irwin and Dennis W. Snook, Coordinators
Domestic Social Policy Division
Congressional Research Service ˜ The Library of Congress
Appropriations are one part of a complex federal budget process that includes budget
resolutions, appropriations (regular, supplemental, and continuing) bills, rescissions, and
budget reconciliation bills. The process begins with the President’s budget request and is
bounded by the rules of the House and Senate, the Congressional Budget and Impoundment
Control Act of 1974 (as amended), the Budget Enforcement Act of 1990, and current
program authorizations.
This report is a guide to one of the 13 regular appropriations bills that Congress passes each
year. It is designed to supplement the information provided by the House and Senate
Appropriations Subcommittees on Homeland Security. It summarizes the current legislative
status of the bill, its scope, major issues, funding levels, and related legislative activity, and
will be updated as events warrant. The report lists the key CRS staff relevant to the issues
covered and related CRS products.
NOTE: A Web version of this document with active links is
available to congressional staff at:
[http://www.crs.gov/products/appropriations/apppage.shtml].
Appropriations for FY2004:
Department of Homeland Security
Summary
This report describes the President’s proposal for FY2004 appropriations for the
Department of Homeland Security (DHS). It summarizes the President’s FY2004
budget request for DHS programs, as submitted to the Congress February 3, 2003,
and the congressional response to that proposal. It compares the President’s FY2004
request to current estimates of the FY2003 amounts for programs and activities that
were transferred to DHS after its establishment on January 24, 2003, nearly 4 months
after the start of FY2003.
On July 10, 2003, the Senate Committee on Appropriations reported its version
of H.R. 2555 (S.Rept. 108-86) The Senate bill would provide DHS with $28.5 billion
in discretionary funds for DHS for FY2004.
On June 24, 2003, the House amended and passed H.R. 2555, the Department
of Homeland Security Appropriations Act, 2004. The House bill (H.Rept. 108-169)
would provide DHS with $29.4 billion in discretionary appropriations for FY2004,
compared to the current estimate of $28.9 billion for FY2003. The President’s
request was $28.4 billion.
The DHS bill includes appropriations for: the DHS Directorate of Border and
Transportation (including the Transportation Security Administration, funded at an
estimated $16.5 billion in FY2003; the Directorate of Emergency Preparedness and
Response, $3.4 billion; the Directorate of Information Analysis and Infrastructure
Protection, $0.2 billion; and the Directorate of Science and Technology, $0.6 billion.
Other DHS programs funded in the bill include the U.S. Coast Guard, funded at $6.3
billion in FY2003, and the U.S. Secret Service, $1.0 billion. DHS programs include
the activities formerly conducted by the Federal Emergency Management Agency
(FEMA) and the U.S. Customs Service, and most of the activities formerly operated
by the Immigration and Naturalization Service (INS).
This report will track legislative action and congressional issues related to the
FY2004 DHS appropriations bill, with particular attention paid to discretionary
programs. However, the report does not follow specific funding issues related to
mandatory DHS programs — such as retirement pay — nor does it systematically
follow any legislation related to the authorization or amendment of DHS programs.
This report will be updated to follow the legislative progress of FY2004
appropriations for DHS.
Key Policy Staff: Homeland Security
Area of Expertise
Name
Phone E-mail
Coordinator
Paul M. Irwin
7-7573 pirwin@crs.loc.gov
Coordinator
Dennis W. Snook
7-7314 dsnook@crs.loc.gov
Title I, Departmental
Harold C. Relyea
7-8679 hrelyea@crs.loc.gov
Management
Administrative Structure
Sharon S. Gressle
7-8677 sgressle@crs.loc.gov
Personnel Policy
Barbara L. Schwemle 7-8655 bschwemle@crs.loc.gov
Title II, Border and
Jennifer E. Lake
7-0620 jlake@crs.loc.gov
Transportation Security
Customs Issues
Jennifer E. Lake
7-0620 jlake@crs.loc.gov
First Responders/Domestic
Ben Canada
7-0632 bcanada@crs.loc.gov
Preparedness
Immigration Issues
Lisa M. Seghetti
7-4669 lseghetti@crs.loc.gov
Transportation Security
Bartholomew Elias
7-7771 belias@crs.loc.gov
Administration
Title III, Emergency
Keith Bea
7-8672 kbea@crs.loc.gov
Preparation and Response
Biodefense/Bioshield
Frank Gottron
7-5854 fgottron@crs.loc.gov
Disaster Relief
Keith Bea
7-8672 kbea@crs.loc.gov
Firefighter Assistance
Lennard G. Kruger
7-7070 lkruger@crs.loc.gov
Public Health
Holly Harvey
7-4913 hharvey@crs.loc.gov
Title IV, Other Activities
Citizenship and
Ruth Ellen Wasem
7-7342 rwasem@crs.loc.gov
Immigration Service
Coast Guard
Ronald O’Rourke
7-7610 rorourke@crs.loc.gov
Information Analysis,
Todd M. Masse
7-2393 tmasse@crs.loc.gov
Domestic
Information Analysis,
Richard A. Best, Jr.
7-7607 rbest@crs.loc.gov
Foreign
Infrastructure Protection
John D. Moteff
7-1435 jmoteff@crs.loc.gov
Science and Technology
Daniel Morgan
7-5849 dmorgan@crs.loc.gov
Secret Service
Stephanie Smith
7-8674 ssmith@crs.loc.gov
Contents
Most Recent Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
House Bill, H.R. 2555 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Senate Bill, H.R. 2555 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Budget Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
302(a) and 302(b) Allocation Ceilings . . . . . . . . . . . . . . . . . . . . . . . . . 2
Highlights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Appropriations for the Department of Homeland Security . . . . . . . . . . . . . . 3
Title I: General Administration for the Department . . . . . . . . . . . . . . . . . . . 5
Title II: Border and Transportation Security . . . . . . . . . . . . . . . . . . . . . . . . . 5
Title III: Emergency Preparation and Response . . . . . . . . . . . . . . . . . . . . . . 7
Title IV: Other Departmental Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Related Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
FY2004 Budget Resolution, H.Con.Res. 95/S.Con.Res. 23 . . . . . . . . . . . . . 9
FY2003 Wartime Supplemental, P.L. 108-11 (H.R. 1559) . . . . . . . . . . . . . . 9
FY2003 Omnibus Appropriations, P.L. 108-7 (H.J.Res. 2) . . . . . . . . . . . . . 10
Department of Homeland Security, P.L. 107-296 (H.R. 5005) . . . . . . . . . . 10
World Wide Web Sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
List of Tables
Table 1. Legislative Status of Homeland Security Appropriations, H.R. 2555 . . 1
Table 2. FY2004 302(b) Discretionary Allocations for DHS . . . . . . . . . . . . . . . . 3
Table 3. Department of Homeland Security: Summary of Appropriations . . . . . 4
Table 4. General Department Administration Appropriations . . . . . . . . . . . . . . . 5
Table 5. Border and Transportation Security Appropriations . . . . . . . . . . . . . . . . 6
Table 6. Emergency Preparation and Response Appropriations . . . . . . . . . . . . . . 7
Table 7. Other Departmental Activities Appropriations . . . . . . . . . . . . . . . . . . . . 8
Appropriations for FY2004:
Department of Homeland Security
Most Recent Developments
House Bill, H.R. 2555. The House Committee on Appropriations marked up
and reported H.R. 2555, the Department of Homeland Security Appropriations Act,
2004, on June 23, 2003 (H.Rept. 108-169), the bill was amended and agreed to by the
House on June 24, 2003. The bill would provide $29.4 billion in discretionary
appropriations for the Department of Homeland Security (DHS).
Senate Bill, H.R. 2555. The Senate Committee on Appropriations marked
up and reported its version on July 10, 2003 (S.Rept. 108-86).
Budget Submission. The President submitted the FY2004 budget request
to the Congress on February 3, 2003. The DHS request is for $28.4 billion in
discretionary appropriations, representing the first annual funding provided
specifically for the new department.
Establishment. The Homeland Security Act of 2002 (HSA) was signed into
law November 25, 2002, as P.L. 107-296, establishing DHS, effective January 24,
2003. Most programs and activities were officially transferred to DHS from other
federal agencies on March 1, 2003. DHS funding for the remainder of FY2003 is
derived from eight different FY2003 appropriations acts, as well as the Emergency
Wartime Supplemental Appropriations Act, 2003, P.L. 108-11.
Status
Table 1. Legislative Status of Homeland Security
Appropriations, H.R. 2555
Subcommittee
Conference
markup
House
House
Senate
Senate
Confer.
report approval
Public
report
passage report
passage
report
law
House
Senate
House
Senate
H.Rept.
S.Rept.
108-169
108-86
(vv)
(vv)
425-2 b
(29-0)
6/12/03 a 7/09/03
6/23/03 6/24/03 7/10/03
—
—
—
—
—
a House Appropriations Subcommittee for Homeland Security held a closed markup on June 12, 2003.
b For House consideration and passage of H.R. 2555, see Congressional Record, Daily Edition, June
24, 2003, p. H5734-95. Roll call no. 310 (425-2), June 24, p. H5795.
CRS-2
Data Note. The data for FY2003 and the FY2004 Administration request, are
based on the House Committee on Appropriations report H.Rept. 108-169, June 23,
2003. Subsequently, S.Rept. 108-86 was released, reflecting recommendations of the
Senate Committee on Appropriations. S.Rept. 108-86 also shows accounts in
different arrangements, and thus some of these accounts are incorporated in different
subtotals by function, than shown in H.Rept. 108-169. This report uses the House
configuration, and merges differences between the 2 reports to maintain some
consistency for comparison purposes.
Also, since FY2003 appropriations were enacted prior to the establishment of
DHS, funding will likely be subject to a series of adjustments beyond the end of the
fiscal year. In most cases data represent net funding for specific programs and
activities, after incorporating current and forward funding, supplemental
appropriations, and advance appropriations. However, all data are subject to
additional scorekeeping decisions that can alter account totals for each fiscal year,
and as a result, affect the subtotals in various tables shown below.
In order to make this report available soon after actions have been taken, it was
prepared without substantial explanation of the programs or proposals for funding of
those programs. A more complete discussion of the programs and proposals, with
references to more detailed CRS reports, will be prepared later.
302(a) and 302(b) Allocation Ceilings. The maximum budget authority
for annual DHS appropriations is determined through a two-stage congressional
budget process. In the first stage, the Congress agrees to overall spending totals in
the annual concurrent resolution on the budget. Subsequently, these amounts are
allocated among the various 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 the discretionary totals available to the House and
Senate Committees on Appropriations for enactment in annual appropriations. For
FY2004, the Congress agreed to the budget resolution, H.Con.Res. 95, conference
report H.Rept. 108-71, on April 11, 2003. The resolution provides for an FY2004
discretionary total of $784.5 billion. For procedural information, see CRS Report 98-
721, Introduction to the Federal Budget Process.
In the second stage of the process, the appropriations committees allocate the
302(a) discretionary funds among their subcommittees for each of the 13 annual
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 can and often do get adjusted during the year as the
various appropriations bills progress toward final enactment. The initial 302(b)
discretionary allocations for the FY2004 appropriations bills were agreed to by the
House and Senate Committees on Appropriations on June 17, 2003, as shown in
Table 2. Comparable amounts for FY2003 and the President’s FY2004 budget are
also shown. Both the 302(a) and the 302(b) allocations regularly become contested
issues in their own right.
CRS-3
Table 2. FY2004 302(b) Discretionary Allocations for DHS
(budget authority in billions of dollars)
FY2004
FY2004
FY2003
request
FY2004 House
FY2004 Senate
enacted
comparable
comparable
allocation
allocation
comparable
$21.2
$27.5
$29.4
$28.5
—
Source: National Journal, CongressDaily, June 20, 2003. The FY2003 comparable amount excludes
the FY2003 Wartime Supplemental, P.L. 108-11.
Highlights
This report describes the President’s proposal for FY2004 appropriations for
DHS programs, as submitted to the Congress February 3, 2003, and the congressional
response to that proposal. It compares the President’s FY2004 request to current
estimates of the FY2003 amounts for programs and activities that were transferred
to DHS after its establishment on January 24, 2003, nearly 4 months after the start
of FY2003. The report tracks legislative action and congressional issues related to
the FY2004 DHS appropriations bill, with particular attention paid to discretionary
programs. However, the report does not follow specific funding issues related to
mandatory DHS programs — such as retirement pay — nor does it systematically
follow any legislation related to the authorization or amendment of DHS programs.
The FY2004 DHS bill is unique in that it will be the first ever appropriations for
a new federal department. It has potential for being contentious because of the
serious nature of the activities funded, as well as organizational problems that may
occur with the establishment of any large organization. This bill provides all of the
discretionary funds for DHS. Unlike many other appropriations, no related agencies
are funded in this bill. Of the 13 annual appropriations bills, the DHS bill is
estimated to be the fifth largest source of discretionary funds, accounting for
approximately 3.4% of the estimated $751.8 billion total (prior to the FY2003
Wartime Supplemental, P.L. 108-11) for all federal discretionary budget authority,
as reported in Budget of the United States Government Fiscal Year 2004, Table S-8.
This section summarizes the key issues related to the DHS bill, such as 302(b)
allocations. Funding highlights for specific DHS activities will be addressed later.
Appropriations for the Department of Homeland Security
The Homeland Security Act of 2002 (P.L. 107-296) transferred the functions,
relevant funding, and most of the personnel of 22 agencies and offices to the new
Department of Homeland Security (DHS) created by the Act. The DHS was
organized in four major directorates: Border and Transportation Security;
Emergency Preparedness and Response; Science and Technology; and Information
Analysis and Infrastructure Protection.
CRS-4
Table 3 is a summary table of appropriations for FY2003, requested for
FY2004, and recommended for FY2004 by the House and Senate Committees on
Appropriations.
Table 3. Department of Homeland Security:
Summary of Appropriations
($ in millions)
FY2003 FY2004 FY2004 FY2004 FY2004
Operational component
Enacted Request
House
Senate
Conf.
Title I: Departmental Management & Operations
Subtotal: Title I
460
598
506
514
—
Title II: Border and Transportation Security
Customs and Border Protection
4,804
5,647
4,588
4,900
—
Immigration and Customs Enforcement
2,444
2,487
2,997
2,888
—
Transportation Security Administration
5,414
2,742
3,102
3,326
—
Federal Law Enforcement Training Center
170
146
169
201
—
Office of Domestic Preparedness
3,236
3,558
3,503
3,638
—
Visitor & Immigrant Status Indicator project
—
—
—
380
Subtotal: Title II
16,501
14,581
14,852
15,342
—
Title III: Emergency Preparedness and Response
Subtotal: Title III (current year, net)
3,373
4,352
5,100
3,603
—
Title IV: Other Departmental Activities
Citizenship and Immigration Services
695
235
249
229
—
U.S. Coast Guard
6,254
6,655
6,681
6,815
—
Inform. analysis & infrastructure protection
185
829
776
834
—
Science and technology
552
803
900
871
—
U.S. Secret Service
1,049
1,124
1,152
1,118
—
Subtotal: Title IV
8,735
9,646
9,758
9,867
—
Amount in this bill
29,069
29,177
34,918
29,400
—
Scorekeeping adj. (rescissions; airline relief)
695
215
215
-74
—
(advance appropriations)
—
—
-4,703
—
—
Total, Dept. of Homeland Security
29,764
29,392
30,431
29,326
—
discretionary (current year, this bill)
28,875
28,372
29,411
28,521
—
mandatory
889
1,020
1,020
1,020
—
Section 302(b) allocation
—
—
29,411 28,521
—
difference, bill and allocation
—
—
0
0
—
Source: House and Senate DHS Appropriations Act for FY2004, as reported (H.Rept.108-169) by
the House Committee on Appropriations, June 23, 2003, and as reported (S.Rept.108 — 86) by the
Senate Committee on Appropriations, July 10, 2003. The tables in this report display differences in
account placement by subtotal, as shown in S.Rept. 108-86, by merging those accounts with the
breakout as shown in H.Rept. 108-169.
CRS-5
The House bill would enact an appropriation of $5.6 billion for biodefense
countermeasures, sometimes referred to as Project Bioshield, to remain available
until September 30, 2013. However, the bill would limit the availability of these
funds for obligation, so that no more than $3.4 billion may be obligated during the
next 4 years, and no more than $890 million may be obligated in FY2004. If
Congress enacts the House provision, the FY2004 DHS bill would appropriate $5.6
billion for the entire 10-year period, but only $890 million of that would be counted
under FY2004 scorekeeping conventions. This specific funding arrangement for
Project Bioshield follows Section 404 provisions of H.Con.Res. 95, the FY2004
budget resolution.
Title I: General Administration for the Department
Title I covers the general administrative expenses of the new Department of
Homeland Security. Individual agencies transferred to DHS are shown in separate
titles. Table 4 shows appropriations for FY2003, and proposed funding for FY2004.
Table 4. General Department Administration Appropriations
($ in millions)
FY2003 FY2004 FY2004 FY2004 FY2004
Operational component
Enacted Request
House
Senate
Conf.
Title I: Departmental Management and Operations
Salaries and expenses
195
294
221
251
—
Counter-terrorism fund
160
40
20
20
—
Department and technological investments
63
206
206
185
—
Office of the Inspector General (net)
42
58
58
58
—
Subtotal: Title I
460
598
506
514
—
Source: House and Senate DHS Appropriations Act for FY2004, as reported (H.Rept.108-169) by
the House Committee on Appropriations, June 23, 2003, and as reported (S.Rept.108 — 86) by the
Senate Committee on Appropriations, July 10, 2003. The tables in this report display differences in
account placement by subtotal, as shown in S.Rept. 108-86, by merging those accounts with the
breakout as shown in H.Rept. 108-169.
Title II: Border and Transportation Security
Title II of the appropriations bill funds programs administered by the Directorate
for Border and Transportation Security. This Directorate, along with its close
functional sibling, the U.S. Coast Guard, are responsible for the first line of defense
against terrorism, as well as for securing and managing the nation’s borders.
Included in this responsibility are the inspection, investigative and enforcement
operations of the former Immigration and Naturalization Service (INS), which had
been responsible for managing and coordinating entry into the U.S. DHS border and
transportation security objectives also include fulfilling the newly expanded federal
role of the Transportation Security Administration (TSA) in protecting the nation’s
transportation systems, initially involving airline passengers, baggage, and freight.
CRS-6
Table 5 shows funding for the Directorate. The U.S. Coast Guard funding is
shown in Table 7.
Table 5. Border and Transportation Security Appropriations
($ in millions)
FY2003 FY2004 FY2004 FY2004 FY2004
Operational component
Enacted Request
House
Senate
Conf.
Title II: Border and Transportation Security
Customs and Border Protection
4,804
5,647
4,588
4,900
—
Automation modernization
433
—
494
531
—
fee accounts
(817)
(821)
(821)
(845)
—
Visitor & Immigrant Status Indicator project
—
—
—
380
Immigration and Customs Enforcement
2,444
2,487
2,997
2,888
—
Salaries and expenses
1,855
2,063
2,030
2,180
—
Federal Protective Services
408
424
424
424
—
Automation & infrastructure modernization
—
—
368
—
—
Construction
—
—
—
27
—
Air and marine interdiction
181
—
175
257
—
fee accounts
(355)
(297)
(297)
(273)
—
Transportation Security Administration
5,414
2,742
3,102
3,326
—
Aviation security (total funding)
4,486
3,597
3,679
4,524
—
Emerg. Wartime Supplement (P.L. 108-11)
645
—
—
—
—
Grants to airlines (one-time appropriation)
2,396
—
—
—
—
Offsetting collections (estimated)
-2,650
-2,070
-2,070
-2,070
—
Reimburse. from DOT, FAA, fac. & equip.
-143
—
—
—
—
Net appropriations (limitation)
—
—
1,609
—
—
Federal Air Marshals
—
620
635
—
—
Maritime and land security
263
86
232
295
—
Intelligence
—
14
14
14
—
Research and development
109
75
126
130
—
Administration
307
421
487
433
—
Federal Law Enforcement Training Center
172
146
169
201
—
Office of Domestic Preparedness
3,236
3,558
3,503
3,638
—
Basic formula grants
1,006
—
1,900
1,250
—
Emerg. Wartime Supplement. (P.L. 108-11)
1,330
—
—
—
—
St. & loc. law enforce., terrorism prevent.
—
500
500
500
—
Firefighter assistance grants
—
500
—
750
—
Critical infrastructure
200
—
200
—
Hi-threat, hi-density urban areas
700
—
500
750
—
Other assistance; national programs
—
—
403
388
—
Office of the Under Secretary for B&TS
—
—
—
9
Subtotal: Title II
16,501
14,581
14,852
15,342
—
Source: House and Senate DHS Appropriations Act for FY2004, as reported (H.Rept.108-169) by
the House Committee on Appropriations, June 23, 2003, and as reported (S.Rept.108 — 86) by the
CRS-7
Senate Committee on Appropriations, July 10, 2003. The tables in this report display differences in
account placement by subtotal, as shown in S.Rept. 108-86, by merging those accounts with the
breakout as shown in H.Rept. 108-169.
The Customs function, previously the responsibility of the Department of the
Treasury’s U.S. Customs Service, is also under the Directorate. The Customs
function administered by DHS, together with the U.S. Coast Guard, are expected to
effectively secure commercial traffic entering the nation’s ports. The Directorate
includes a planning office and a training activity to assist state and local entities with
homeland security objectives. The Directorate also assumes responsibility for
inspecting and monitoring plants and animals entering the U.S. to minimize the risk
that noxious pests and diseases will be introduced into the country.
Title III: Emergency Preparation and Response
The DHS Emergency Preparedness and Response Directorate (EPR) is given the
mission to improve the nation’s capability to reduce losses from all disasters,
including terrorist attacks.
Table 6. Emergency Preparation and Response Appropriations
($ in millions)
FY2003 FY2004 FY2004 FY2004 FY2004
Operational component
Enacted Request
House
Senate
Conf.
Title III: Emergency Preparedness and Response
Administration and regional operations
798
165
169
—
—
Operating expenses
—
—
—
827
Prepare., mitigation, response & recovery
—
163
363
150
—
Public health programs
498
434
484
—
—
Biodefense countermeasure (current year)
—
890
890
—
—
Biodefense countermeas. (10-year total)
—
—
(5,593)
—
—
Grant programs
169
300
200
165
—
Emergency food and shelter
152
153
153
153
—
Firefighter assistance grants
745
—
750
—
—
Disaster relief
776
1,956
1,800
1,956
—
Flood map modernization fund
149
200
200
200
—
National flood insurance fund
89
90
91
110
—
Disaster assistance direct loan program
1
1
1
1
—
Cerro Grande Fire claims
—
—
—
38
Misc. adj.; rescissions; transfers; rounding
-4
—
—
3
—
Subtotal: Title III (current year, net)
3,373
4,352
5,100
3,603
—
Source: House and Senate DHS Appropriations Act for FY2004, as reported (H.Rept.108-169) by
the House Committee on Appropriations, June 23, 2003, and as reported (S.Rept.108 — 86) by the
Senate Committee on Appropriations, July 10, 2003. The tables in this report display differences in
account placement by subtotal, as shown in S.Rept. 108-86, by merging those accounts with the
breakout as shown in H.Rept. 108-169.
CRS-8
DHS promotes the effectiveness of emergency responders; supports the Nuclear
Incident Response Team through standards, training exercises, and provision of funds
to named federal agencies; provides the federal response by managing, directing,
overseeing, and coordinating specified federal resources; aid recovery efforts; builds
an intergovernmental national incident management system to guide responses;
consolidate existing federal response plans into a single plan; and develops programs
for interoperative communications for emergency responders.
Among other activities, the EPR incorporates all activities formerly
administered by the Federal Emergency Management Agency (FEMA), with the
exception of terrorism preparedness, which was transferred to the DHS Border and
Transportation Security Directorate.
Title IV: Other Departmental Activities
Other activities funded through Title IV of DHS appropriations include: the
Bureau of Citizenship and Immigration Services; the U. S. Coast Guard; Information
Analysis and Infrastructure Protection; Science and Technology; and the U.S. Secret
Service.
Table 7. Other Departmental Activities Appropriations
($ in millions)
FY2003 FY2004 FY2004 FY2004 FY2004
Operational component
Enacted Request
House
Senate
Conf.
Title IV: Other Departmental Activities
Citizenship and Immigration Services
695
235
249
229
—
(fee accounts)
(1,427)
(1,564)
(1,564) (1,564)
—
(subtotal; Citizenship & Immigration Serv.)
(2,122)
(1,799)
(1,813)
(1,793)
—
U.S. Coast Guard
6,254
6,655
6,681
6,815
—
Operating expenses
4,503
4,838
4,704
4,719
—
Rescission
—
—
—
-71
Environmental compliance & restoration
17
—
17
17
—
Reserve training
86
—
94
95
—
Acquisition, construction, & improvements
720
797
805
1,035
—
Alteration of bridges
17
—
20
—
—
Research, development, tests, & evaluation
22
—
22
—
—
Retired pay (mandatory, entitlement)
889
1,020
1,020
1,020
—
Inform. analysis & infrastructure protection
185
829
776
834
—
Science and technology
552
803
900
871
—
U.S. Secret Service
1,049
1,124
1,152
1,118
—
Title IV: Subtotal
8,735
9,646
9,758
9,867
—
Source: House and Senate DHS Appropriations Act for FY2004, as reported (H.Rept.108-169) by
the House Committee on Appropriations, June 23, 2003, and as reported (S.Rept.108 — 86) by the
Senate Committee on Appropriations, July 10, 2003. The tables in this report display differences in
CRS-9
account placement by subtotal, as shown in S.Rept. 108-86, by merging those accounts with the
breakout as shown in H.Rept. 108-169.
Related Legislation
Several proposals related to DHS appropriations have been considered during
the 1st Session of the 108th Congress, including the FY2004 budget resolution,
FY2003 emergency wartime supplemental appropriations, and most regular FY2003
appropriations. The law establishing DHS itself was enacted during the 2nd Session
of the 107th Congress.
FY2004 Budget Resolution, H.Con.Res. 95/S.Con.Res. 23
The concurrent resolution on the budget sets forth the congressional budget for
FY2004. The resolution proposes federal budget levels for FY2004 through FY2013;
the maximum for total discretionary spending is specified within the context of the
budget resolution. As agreed to in conference, the resolution sets an FY2004 limit
of $784.5 billion in discretionary spending, compared to $840.6 billion enacted for
FY2003, according to the conference report (H.Rept. 108-71, p. 42). Typically,
budget resolutions also specify the budget reconciliation process for the modification
of mandatory spending limits and tax cut legislation, and set spending targets for
functional categories of the budget. Report language usually provides an outline of
the funding assumptions made for selected programs that might be used to reach the
spending targets. Actual FY2004 discretionary appropriations for specific
departments, agencies, and programs, however, are determined only through the
enactment of appropriations bills.
H.Con.Res. 95 (H.Rept. 108-37) was passed by the House on March 21, 2003
(roll call no. 82, 215-212). S.Con.Res. 23 (without written report) was passed by the
Senate on March 26, 2002 (roll call no. 108, 56-44), before being substituted as an
amendment to H.Con.Res. 95. The conference report for H.Con.Res. 95, H.Rept.
108-71, was agreed to on April 11, 2003, by the House (roll call no. 141, 216-211)
and by the Senate (roll call no. 34, 51-50). For additional information, see CRS
Report RL31784, The Budget for Fiscal Year 2004.
FY2003 Wartime Supplemental, P.L. 108-11 (H.R. 1559)
Following the enactment into law on February 20, 2003, of final FY2003
omnibus appropriations, the Congress agreed to additional FY2003 appropriations
to meet various special wartime needs. From the total of $79 billion enacted, $3.9
billion was designated for DHS, according to the news release of the House
Committee on Appropriations of April 12, 2003. The House passed H.R. 1559
(H.Rept. 108-55) on April 3, 2003 (roll call no. 108, 414-12). The Senate amended
and passed H.R. 1559 in lieu of S. 762 (S.Rept. 108-33, agreed to by the Senate
April 3 by roll call no. 125, 93-0). The conference report, H.Rept. 108-76, was
agreed to by the House and the Senate on April 12, and signed into law by the
President on April 16, 2003, as P.L. 108-11, the Emergency Wartime Supplemental
Appropriations Act, 2003. For additional information, see CRS Report RL31829,
CRS-10
Supplemental Appropriations FY2003: Iraq Conflict, Afghanistan, Global War on
Terrorism, and Homeland Security.
FY2003 Omnibus Appropriations, P.L. 108-7 (H.J.Res. 2)
FY2003 funding for DHS activities was enacted prior to the transfer of any
activity from another federal agency to DHS. Of the 13 annual appropriations for
FY2003, eight included funding for programs or activities that were to be transferred
to DHS during FY2003. These include the following:
! Agriculture;
! Commerce, Justice, and State;
! Defense;
! Energy and Water Development;
! Labor, Health and Human Services, and Education;
! Transportation;
! Treasury, Postal Service, Executive Office of the President, and
General Government; and
! Veterans Affairs and Housing and Urban Development.
FY2003 Defense Appropriations were enacted separately, as P.L. 107-248 (October
23, 2002); the remaining seven bills were combined into an omnibus bill, H.J.Res.
2. The conference report on the omnibus, H.Rept. 108-10, was passed on February
13, 2003, by the House (roll call no. 32, 338-83) and by the Senate (roll call no. 34,
76-20), and signed into law by the President on February 20, 2003, as P.L. 108-7, the
Consolidated Appropriations Resolution, 2003. For information on the FY2003
defense appropriations, see CRS Report RL31305, Authorization and Appropriations
for FY2003: Defense. For a guide to the omnibus bill, see CRS Report RS21433,
FY2003 Consolidated Appropriations Resolution: Reference Guide.
Department of Homeland Security, P.L. 107-296 (H.R. 5005)
On June 6, 2002, the President called for the creation of a Department of
Homeland Security to direct or coordinate federal activities related to domestic
defense against terrorism. The proposal would have combined 22 activities from
other federal agencies. Subsequently, Congress modified and enacted legislation; the
establishment of DHS became effective January 24, 2003 (60 days after enactment).
Overall, 30 programs and other activities are transferred from other agencies.
The President submitted the DHS proposal to Congress on June 18, 2002; it was
introduced as H.R. 5005 on June 24, 2002, by request, and referred to 12 Committees
plus the new House Select Committee on Homeland Security. The bill was amended
and reported, H.Rept. 107-609, Part I, by the House Select Committee on Homeland
Security July 24, 2002, and passed the House July 26, 2002, by a vote of 295 to 132
(roll call no. 367). A Senate bill to create a DHS, S. 2452, S.Rept. 107-175, was
reported by the Senate Committee Governmental Affairs on June 24, 2002; a revised
version of S. 2452 was ordered reported July 25, 2002. H.R. 5005 was amended and
passed the Senate on November 19, 2002, by a vote of 90 to 9 (roll call no. 249). The
House agreed to the Senate amendment by unanimous consent on November 22.
CRS-11
H.R. 5005 — the Homeland Security Act of 2002 — was signed into law by the
President November 25, 2002, as P.L. 107-296. For additional information, see CRS
Report RL31493, Homeland Security — Department Organization and Management:
Legislative Phase, and CRS Report RL31751, Homeland Security — Department
Organization and Management: Implementation Phase.
World Wide Web Sites
Web sites specific to homeland security include the following:
House Select Committee on Homeland Security
[http://www.house.gov/]
Congressional Research Service (CRS) Issues on Homeland Security
[http://www.crs.gov/products/browse/is-homelandsecurity.shtml]
Department of Homeland Security (DHS)
[http://www.dhs.gov/dhspublic/]
[http://www.dhs.gov/dhspublic/display?theme=12]
White House Office of Homeland Security
[http://www.whitehouse.gov/homeland/]
Web sites showing general budget and appropriations information include:
House Committees
[http://www.house.gov/appropriations]
[http://www.house.gov/budget/]
Senate Committees
[http://www.senate.gov/~appropriations/]
[http://www.senate.gov/~budget/]
Congressional Budget Office (CBO)
[http://www.cbo.gov]
Congressional Research Service (CRS)
[http://www.crs.gov/products/appropriations/apppage.shtml]
General Accounting Office (GAO)
[http://www.gao.gov/]
Government Printing Office (GPO)
[http://w3.access.gpo.gov/usbudget/index.html]
Office of Management & Budget (OMB)
[http://www.whitehouse.gov/omb/budget/index.html]
[http://www.whitehouse.gov/omb/legislative/sap/index.html]