Department of Homeland Security Appropriations: FY2014 Overview and Summary William L. Painter Analyst in Emergency Management and Homeland Security Policy August 27, 2013 Congressional Research Service 7-5700 www.crs.gov R43193 Department of Homeland Security Appropriations: FY2014 Overview and Summary Summary This report provides a brief outline of the FY2014 appropriations legislation for the Department of Homeland Security (DHS). The Administration requested $39.0 billion in adjusted net discretionary budget authority for DHS for FY2014, as part of an overall budget of $60.0 billion (including fees, trust funds, and other funding that is not appropriated or does not score against the budget caps). Net requested appropriations for major agencies within DHS were as follows: • Customs and Border Protection (CBP), $10,833 million; • Immigration and Customs Enforcement (ICE), $4,997 million; • Transportation Security Administration (TSA), $4,857 million; • Coast Guard, $8,051 million; • Secret Service, $1,546 million; • National Protection and Programs Directorate, $1,267 million; • Federal Emergency Management Administration (FEMA), $3,984 million; • Science and Technology, $1,527 million; and • the Domestic Nuclear Detection Office, $1,527 million. The Administration also requested an additional $5.6 billion for FEMA in disaster relief funding as defined by the Budget Control Act. H.R. 2217, the House-passed DHS appropriations bill, would provide $39.0 billion in adjusted net discretionary budget authority. The Senate-reported version of the same bill would provide $39.1 billion in adjusted net discretionary budget authority. Both bills would also provide the $5.6 billion in disaster relief requested by the Administration. For a more detailed discussion of policy matters and legislative details beyond funding levels, see CRS Report R43147, Department of Homeland Security: FY2014 Appropriations, coordinated by William L. Painter. This report will be updated as events warrant. Congressional Research Service Department of Homeland Security Appropriations: FY2014 Overview and Summary Contents DHS Appropriations Overview and Context ................................................................................... 1 Note on FY2013 and Sequestration ........................................................................................... 2 DHS Appropriations: Comparing the Components ................................................................... 2 DHS Appropriations Compared to the Total DHS Budget ........................................................ 5 DHS Appropriations Trends: Size ............................................................................................. 5 DHS Appropriations Trends: Timing......................................................................................... 7 DHS Appropriations Funding Summary by Title ............................................................................ 7 Title I: Departmental Management and Operations .................................................................. 7 Title II: Security, Enforcement, and Investigations ................................................................... 9 Title III: Protection, Preparedness, Response, and Recovery .................................................. 11 Title IV: Research and Development, Training, and Services ................................................. 14 Title V: General Provisions...................................................................................................... 15 Provisions That Directly Affect the Cost of the Bill ......................................................... 16 Provisions That Do Not Affect the Cost of the Bill........................................................... 16 Figures Figure 1. DHS Discretionary Appropriations by Component, FY2014 ........................................... 4 Figure 2. DHS Gross Budget Breakdown: FY2014 Request ........................................................... 5 Figure 3. DHS Appropriations Legislative Timing .......................................................................... 7 Tables Table 1. DHS Net Discretionary Appropriations by Title, FY2013-FY2014 .................................. 1 Table 2. DHS Discretionary Appropriations by Component, FY2014 ............................................ 3 Table 3. DHS Appropriations, FY2004-FY2013 ............................................................................. 6 Table 4. Title I: Departmental Management and Operations, FY2013-FY2014.............................. 8 Table 5. Title II: Security, Enforcement, and Investigations, FY2013-FY2014 .............................. 9 Table 6. Title III: Protection, Preparedness, Response, and Recovery, FY2013-FY2014 ............. 12 Table 7. Title IV: Research and Development, Training, and Services, FY2013-FY2014 ............ 14 Contacts Author Contact Information........................................................................................................... 17 Congressional Research Service Department of Homeland Security Appropriations: FY2014 Overview and Summary T his report provides an overview of appropriations for the Department of Homeland Security (DHS). The first portion of this report provides an overview and historical context for reviewing DHS appropriations, highlighting various aspects including the comparative size of DHS components, the amount of non-appropriated funding the department receives, and trends in the timing and size of the department’s appropriations legislation. The second portion of this report provides detailed information on DHS appropriations. DHS Appropriations Overview and Context The DHS appropriations bill includes funding for all components and functions of the department. For FY2013, pre-sequester DHS discretionary appropriations were $46.0 billion, with $12.1 billion in supplemental appropriations (see Table 1). For FY2014, the total request was $44.7 billion. House-passed and Senate-reported DHS appropriations legislation have similar total funding levels, $44.6 billion and $44.7 billion, respectively. Totals represent net discretionary budget authority, taking into account impacts of rescissions, and include emergency spending and disaster relief. Analyses that include the impact of fees and mandatory spending are found later in this report. Table 1. DHS Net Discretionary Appropriations by Title, FY2013-FY2014 (millions of dollars of discretionary budget authority, rounded) FY2014 FY2013 Enacted (P.L. 113-6), pre-sequester Title Supplemental (P.L. 113-2), pre-sequester Request Housepassed H.R. 2217 Senatereported H.R. 2217 Title I: Departmental Management and Operations $1,086 $0 $1,239 $893 Title II: Security, Enforcement and Investigations 31,524a 277 30,241 30,768 30,514b Title III: Protection, Preparedness, Response, and Recovery 12,320c 11,788 11,009d 11,544d 11,582d Title IV: Research and Development, Training, and Services 1,520 7 2,214 1,890 1,885 Title V: General Provisions -203 0 -50 -475 -83 46,248 12,072 44,654 44,618 44,953 Total $1,053 Source: CRS analysis of P.L. 113-6, its accompanying Senate explanatory statement, P.L. 113-2, the FY2014 DHS Congressional Budget Justifications, H.R. 2217, H.Rept. 113-91, and S.Rept. 113-77. Notes: The standard legislative practice is to group rescissions with the bill’s general provisions, often resulting in that title scoring as net negative budget authority. The executive budget usually includes proposed rescissions in the impacted component’s budget request. The first FY2013 column reflects the impact of $307 million in rescissions, including two across-the-board cuts in P.L. 113-6, while the Administration proposed $42 million in rescissions for FY2014. For FY2014, the House Appropriations Committee recommended $460 million in rescissions. Amounts may not total due to rounding. a. Includes $254 million in funding for overseas contingency operations that does not count against the discretionary budget caps. Congressional Research Service 1 Department of Homeland Security Appropriations: FY2014 Overview and Summary b. Includes $227 million in funding for overseas contingency operations that does not count against the discretionary budget caps. c. Includes $6,400 million in disaster relief funding that does not count against the discretionary budget caps. d. Includes $5,626 million in disaster relief funding that does not count against the discretionary budget caps. Note on FY2013 and Sequestration Past CRS reports on DHS appropriations have carried detailed comparisons with previous years’ funding levels.1 However, due to the impact of sequestration on budget authority available to the federal government under P.L. 113-6 and the Disaster Relief Appropriations Act of 2013 (P.L. 113-2), official post-sequestration numbers are not available at the program, project, and activity level. While DHS released an FY2013 Post-Sequestration Operating Plan on April 26, 2013, that report did not include the funding provided through P.L. 113-2, and press reports have indicated that reprogramming and transfer activity is underway to address the impact of the nearly acrossthe-board cut administered through the sequestration process on priority programs.2 As there is no detailed comprehensive statement of post-sequestration resources available to DHS, the charts in this report contain information on pre-sequester funding levels for FY2013. In all cases, the data from P.L. 113-6 account for the two across-the-board cuts included in the general provisions of the act. DHS Appropriations: Comparing the Components Breaking down the DHS bill by title provides limited transparency into how DHS’s appropriated resources are being used. Thus, looking at funding by component can be more instructive. The components of DHS vary widely in the size of their appropriated budgets. The largest component is Customs and Border Protection (CBP), with an FY2014 request of $10.8 billion. Table 2 and Figure 1 show DHS’s discretionary budget authority broken down by component, from largest to smallest.3 Table 2 presents the raw numbers, while Figure 1 presents the same data in a graphic format, with additional information on the disaster relief adjustment to the allocation allowed under the Budget Control Act (P.L. 112-25).4 For each set of appropriations shown in Figure 1, the left column shows discretionary budget authority provided through the legislation, while the right column shows that amount plus resources available under the adjustments. This comparison looks only at the new budget authority requested or provided—not budget authority rescinded to offset the cost of the bill—so the totals will differ from Table 1, which includes the impact of prior-year rescissions. 1 See, for example, CRS Report R41189, Homeland Security Department: FY2011 Appropriations. See, for example, Hicks, Josh, “How Much Money Did Customs and Border Protection Need to Avoid Furloughs,” Washington Post, Federal Eye blog, June 21, as downloaded from http://www.washingtonpost.com/blogs/federal-eye/ wp/2013/06/20/how-much-money-did-customs-and-border-protection-need-to-avoid-furloughs/, June 21, 2013. 3 Components are arranged based on the size of their House-passed funding level. 4 For the purposes of this report, funding provided under these adjustments is not treated as appropriations. 2 Congressional Research Service 2 Department of Homeland Security Appropriations: FY2014 Overview and Summary Table 2. DHS Discretionary Appropriations by Component, FY2014 (millions of dollars, rounded) FY2014 Request FY2014 Housepassed FY2014 Senatereported $10,833 $10,567 $10,420 U.S. Coast Guard (USCG) 8,050 8,399 8,385 Immigration and Customs Enforcement (ICE) 4,997 5,384 5,054 Transportation Security Administration (TSA) 4,857 4,781 4,908 Federal Emergency Management Agency (FEMA) 3,984 4,345 4,353 U.S. Secret Service (USSS) 1,546 1,586 1,582 National Protection and Programs Directorate (NPPD) 1,267 1,459 1,474 Science & Technology Directorate (S&T) 1,527 1,225 1,218 Departmental Management 811 509 730 Analysis & Operations (A&O) 309 292 304 Domestic Nuclear Detection Office (DNDO) 291 291 289 Federal Law Enforcement Training Center (FLETC) 271 259 259 Office of Health Affairs (OHA) 132 123 128 U.S. Citizenship and Immigration Services (USCIS) 124 114 119 Office of the Inspector General (OIG) 119 114 117 $39,120 $39,450 $39,341 Component Customs and Border Protection (CBP) Total Source: H.R. 2217 and H.Rept. 113-91. Notes: Table does not include adjustments for disaster relief or overseas contingency operations under the Budget Control Act (P.L. 112-25), rescissions of prior-year funding, or reflect non-appropriated resources available to DHS components. Congressional Research Service 3 Department of Homeland Security Appropriations: FY2014 Overview and Summary Figure 1. DHS Discretionary Appropriations by Component, FY2014 (millions of dollars, rounded) Source: H.R. 2217, H.Rept. 113-91, and S.Rept. 113-77. Notes: Totals may not add due to rounding. Figure does not display rescissions and other general provisions, or reflect non-appropriated resources available to DHS components. CBP = Customs and Border Protection; USCG = U.S. Coast Guard; ICE = Immigration and Customs Enforcement; TSA = Transportation Security Administration; FEMA = Federal Emergency Management Administration; USSS = U.S. Secret Service; NPPD = National Protection and Programs Directorate; S&T = Science and Technology Directorate; DNDO = Domestic Nuclear Detection Office; A&O = Analysis and Operations; FLETC = Federal Law Enforcement Training Center; OHA = Office of Health Affairs; OIG = Office of the Inspector General; USCIS = U.S. Citizenship and Immigration Services; DBA = discretionary budget authority; Adj. = adjustments to the discretionary budget caps established by the Budget Control Act. Congressional Research Service 4 Department of Homeland Security Appropriations: FY2014 Overview and Summary DHS Appropriations Compared to the Total DHS Budget Figure 1, even with its accounting for discretionary cap adjustments, does not tell the whole story about the resources available to individual DHS components. Much of DHS’s budget is not derived from discretionary appropriations. Some components, such as the Transportation Security Administration (TSA), rely on fee income or offsetting collections to support a substantial portion of their activities. U.S. Citizenship and Immigration Services (USCIS), for example, obtains less than 4% of its funding through direct appropriations—the bulk of the component’s funding is derived from fee income. Figure 2 highlights how much of the DHS budget is not funded through discretionary appropriations. It presents a breakdown of the FY2014 budget request, showing the discretionary appropriations, mandatory appropriations, and adjustments under the Budget Control Act, in the context of the total amount of budgetary resources available to DHS, as well as other nonappropriated resources. For FY2014, 67% of the DHS gross budget is funded through discretionary appropriations. The remainder of the budget is funded through fees, mandatory appropriations, BCA adjustments, and other non-appropriated resources. The amounts shown in this graph are derived from the Administration’s budget request documents, and therefore do not exactly mirror the data presented in congressional documents, which are the source for the other data presented in the report, including Table 2 and Figure 1. Figure 2. DHS Gross Budget Breakdown: FY2014 Request (millions of dollars in budget authority, rounded) Source: DHS FY2014 Budget Request. Notes: Budget numbers provided by OMB differ from congressional budget calculations due to a variety of factors, including recalculations of fee income, availability of prior-year rescissions, reprogrammings, transfers, and other factors. Totals may not add due to rounding. DHS Appropriations Trends: Size Table 3 presents DHS discretionary appropriations, as enacted, for FY2004 through FY2013. Generally speaking, annual appropriations for DHS rose from the establishment of the department, peaking in FY2010. However, the structural changes effected by the Budget Control Act that allowed disaster funding to be included in regular appropriations bills without being Congressional Research Service 5 Department of Homeland Security Appropriations: FY2014 Overview and Summary scored against the bill’s allocation altered the downward trend as funding that might have been provided in a supplemental appropriations bill now was provided in the annual process. Without the impact of disaster relief funding, the level of annual appropriations for the department has declined each year since the FY2010 peak. Supplemental funding, which frequently addressed congressional priorities such as disaster assistance and border security, varies widely from year to year and as a result distorts year-to-year comparisons of total appropriations for DHS. Note the table includes two lines for FY2013. The first line for FY2013, in italics, describes presequester resources provided to DHS. The second FY2013 line is derived from the post-sequester operating plan for the department, which examined only what was provided through the annual appropriations bill for DHS included in P.L. 113-6. CRS does not have post-sequester totals for what was provided in P.L. 113-2. Table 3. DHS Appropriations, FY2004-FY2013 (billions of dollars of budget authority) Nominal Appropriations Regular Supplemental Total GDP Price Index Constant Dollar Appropriations Regular Supplemental Total FY2004 $29.411 $7.418 $36.829 0.969 $30.368 $7.659 $38.027 FY2005 29.557 67.328 96.885 1.000 29.557 67.328 96.885 FY2006 30.995 8.195 39.190 1.034 29.976 7.926 37.901 FY2007 34.047 4.560 38.607 1.065 31.981 4.283 36.264 FY2008 37.809 0.897 38.706 1.089 34.709 0.823 35.533 FY2009 40.070 3.143 43.213 1.103 36.318 2.849 39.167 FY2010 42.817 5.571 48.388 1.115 38.418 4.999 43.417 FY2011 42.477 0 42.477 1.138 37.329 0.000 37.329 FY2012 40.062 6.400 46.462 1.159 34.572 5.523 40.095 FY2013 46.247 12.072 58.319 1.183 39.093 10.205 49.298 FY2013 postsequester 44.971 n/a n/a 1.183 38.014 n/a n/a Source: CRS analysis of Congressional appropriations documents: for FY2004, H.Rept. 108-280 (accompanying P.L. 108-90), H.Rept. 108-76 (accompanying P.L. 108-11), P.L. 108-69, P.L. 108-106, and P.L. 108-303; for FY2005, H.Rept. 108-774 (accompanying P.L. 108-334), P.L. 108-324, P.L. 109-13, P.L. 109-61 and P.L. 109-62; for FY2006, H.Rept. 109-241 (accompanying P.L. 109-90), P.L. 109-148, and P.L. 109-234; for FY2007, H.Rept. 109699 (accompanying P.L. 109-295) and P.L. 110-28; for FY2008, Division E of the House Appropriations Committee Print accompanying P.L. 110-161 and P.L. 110-252; for FY2009, Division D of House Appropriations Committee Print accompanying P.L. 110-329, P.L. 111-5, P.L. 111-8, and P.L. 111-32; for FY2010, H.Rept. 111298 (accompanying P.L. 111-83) P.L. 111-212 and P.L. 111-230 for FY2010; for FY2011, P.L. 112-10 and H.Rept. 112-331 (accompanying P.L. 112-74); for FY2012, H.Rept. 112-331 (accompanying P.L. 112-74), and P.L. 112-77; and for FY2013, Senate explanatory statement accompanying P.L. 113-6, P.L. 113-2, and the DHS Fiscal Year 2013 Post-Sequestration Operating Plan dated April 26, 2013. Notes: Emergency funding, appropriations for overseas contingency operations, and funding for disaster relief under the Budget Control Act’s allowable adjustment is included based on its legislative vehicle. Transfers from DOD and advance appropriations are not included. Emergency funding in regular appropriations bills is treated as regular appropriations. Numbers in italics do not reflect the impact of sequestration. Authoritative postsequester numbers for P.L. 113-2, and therefore a post-sequester grand total for FY2013, are not available. Congressional Research Service 6 Department of Homeland Security Appropriations: FY2014 Overview and Summary DHS Appropriations Trends: Timing Figure 3 shows the history of the timing of the DHS appropriations bills as they have moved through various stages of the legislative process. Initially, DHS appropriations were enacted relatively promptly, as stand-alone legislation. However, the bill is no longer an outlier from the consolidation and delayed timing that has affected other annual appropriations legislation. Figure 3. DHS Appropriations Legislative Timing Source: CRS analysis. Note: Final action on the FY2011 appropriation for DHS did not occur until April 2011, and for FY2013 until March 2013. DHS Appropriations Funding Summary by Title Title I: Departmental Management and Operations Title I of the DHS appropriations bill provides funding for the department’s management activities, Analysis and Operations (A&O) account, and the Office of the Inspector General (OIG). The Administration requested $1,239 million for these accounts in FY2014. The Housepassed bill provides $883 million, a decrease of 28.0% from the requested level. The Senatereported bill provides $1,054 million, 14.9% below the requested level. Table 4 lists the pre-sequester enacted amounts for the individual components of Title I for FY2013, the Administration’s request for these components for FY2014, and the House-passed appropriations for the same. The heavy lines in this table and in similar ones later in the report Congressional Research Service 7 Department of Homeland Security Appropriations: FY2014 Overview and Summary serve as a reminder that direct comparisons between the pre-sequester FY2013 funding and FY2014 proposals are not comparisons of current levels of actual spending and proposals for the coming fiscal year, as one would normally see in this type of report. Table 4. Title I: Departmental Management and Operations, FY2013-FY2014 (millions of dollars of budget authority) FY2013 Enacted (pre-sequester) FY2014 Appropriations Housepassed H.R. 2217 Senatereported H.R. 2217 P.L. 113-6 P.L. 113-2 $130 $0 $130 $127 $100 $124 Office of the Under Secretary for Management 218 0 218 203 133 198 Office of the Chief Financial Officer 51 0 51 49 31a 48 Office of the Chief Information Officer 243 0 243 327 211 263 Analysis and Operations 322 0 322 309 292 304 DHS Headquarters Consolidationb 0 0 0 106 0 0c Office of the Inspector Generald 121 0 121 119 114 117 Net Budget Authority: Title I 1,087 0 1,087 1,239 883 1,054 Total Gross Budgetary Resources for Title I Components before Transfers 1,087 0 1,087 1,239 883 1,054 Office of the Secretary and Executive Management Total Request Sources: CRS analysis of P.L. 113-6, its accompanying Senate explanatory statement, P.L. 113-2, the FY2014 DHS Congressional Budget Justifications, H.R. 2217, H.Rept. 113-91, and S.Rept. 113-77. Notes: Totals may not add due to rounding. a. This includes the impact of Section 587, a general provision added through a floor amendment which reduced this line by $10 million. b. This line only reflects funding for DHS Headquarters Consolidation included in Title I of the DHS appropriations bill. Other funding has been provided under Coast Guard accounts and in general provisions in previous years. c. $56 million is provided for this purpose in Coast Guard Operating Expenses and in General Provisions. d. The Office of the Inspector General also receives transfers from FEMA to pay for oversight of disasterrelated activities that are not reflected in these tables. Congressional Research Service 8 Department of Homeland Security Appropriations: FY2014 Overview and Summary Title II: Security, Enforcement, and Investigations Title II of the DHS appropriations bill, which includes over three-quarters of the budget authority provided in the legislation, contains the appropriations for U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), the Transportation Security Administration (TSA), the U.S. Coast Guard (USCG), and the U.S. Secret Service (USSS). The Administration requested $30,283 million for these accounts in FY2014. The House-passed bill would provide $30,768 million, an increase of 1.60% from the requested level. The Senatereported bill would include $30,514 million, an increase of 0.76% from the requested level. Table 5 lists the enacted amounts for the individual components of Title II for FY2013, the Administration’s request for these components for FY2014, and the House-passed appropriations for the same. Table 5. Title II: Security, Enforcement, and Investigations, FY2013-FY2014 (millions of dollars of budget authority) FY2013 Enacted (pre-sequester) FY2014 Appropriations Request Housepassed H.R. 2217 Senatereported H.R. 2217 $8,284 $9,237 $8,276 $7,976 — — 5 5 5 Automation Modernization 719 719 340 700 800 Border Security Fencing, Infrastructure, and Technology 324 324 351 361 351 Air and Marine Interdictions 798 798 428 803 756 Facilities Management 233 233 471 471 471 10,358 10,833 10,617 10,360 1,519 2,064 2,064 2,064 P.L. 113-6 P.L. 113-2 Total Customs and Border Protection Salaries and Expenses Small Airport User Feea Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources $8,282 10,356 $2 2 1,519 11,873 2 11,874 12,897 12,680 12,424 5,387 1 5,388 4,957 5,344 5,014 33 35 35 35 Immigration and Customs Enforcement Salaries and Expenses Automation & Infrastructure Modernization Congressional Research Service 33 9 Department of Homeland Security Appropriations: FY2014 Overview and Summary FY2013 Enacted (pre-sequester) FY2014 Appropriations Request Housepassed H.R. 2217 Senatereported H.R. 2217 5 5 5 5 5,427 4,997 5,384 5,054 312 345 345 345 5,738 5,342 5,729 5,399 2,976 2,976 2,743 2,755 2,819 Surface Transportation Security 124 124 109 124 109 Transportation Threat Assessment and Credentialing (net funding) 192 192 181 183 180 Transportation Security Support 953 953 998 898 979 Federal Air Marshals 907 907 827 821 821 Appropriation 5,152 5,152 4,857 4,781 4,907 Fees, Mandatory Spending, and Trust Funds 2,399 2,399 2,541 2,436 2,436 Total Budgetary Resources 7,551 7,551 7,398 7,217 7,344 6,812 6,812 6,755 6,839 6,799 13 13 13 13 13 132 132 110 113 122 1,818 951 1,223 1,230 20 20 20 10 20 203 203 201 201 201 P.L. 113-6 Construction Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources P.L. 113-2 5 5,426 1 312 5,738 1 Total Transportation Security Administration Aviation Security (net funding) U.S. Coast Guard Operating Expenses Environmental Compliance & Restoration Reserve Training Acquisition, Construction, & Improvements Research, Development, Testing, and Evaluation Health Care Fund Contributiona Congressional Research Service 1,543 274b 10 Department of Homeland Security Appropriations: FY2014 Overview and Summary FY2013 Enacted (pre-sequester) P.L. 113-6 P.L. 113-2 Request Housepassed H.R. 2217 Senatereported H.R. 2217 8,997 8,050 8,399 8,385 Total Discretionary Appropriation 8,723 Fees, Mandatory Spending, and Trust Funds 1,823 1,823 1,808 1,808 1,808 254 254 0 0 227 Overseas Contingency Operations Adjustment Total Budgetary Resources 274 FY2014 Appropriations 10,800 274 11,075 9,858 10,207 10,072 1,554 * 1,554 1,495 1,535 1,530 57 52 52 52 1,611 1,546 1,586 1,582 250 250 255 255 255 1,861 1,861 1,801 1,841 1,837 Secret Service Salaries and Expenses Acquisition, Construction, and Improvements Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources 57 1,611 * Net Discretionary Budget Authority: Title IIc 31,267 277 31,544 30,283 30,768 30,289 Total Budgetary Resources for Title II Components before Transfers 37,824 277 38,102 37,191 37,675 37,424 Sources: CRS analysis of P.L. 113-6, its accompanying Senate explanatory statement, P.L. 113-2, the FY2014 DHS Congressional Budget Justifications, H.R. 2217, and H.Rept. 113-91. Notes: Totals may not add due to rounding. An * indicates a level of funding below $500,000, that therefore rounds to zero. a. In FY2014 these funds are considered permanent indefinite discretionary spending—they count against the allocation for the bill, and are ready for use without being actually included in the appropriations legislation. b. Transfer authority was provided in P.L. 113-2 that would allow a portion of these funds to be shifted to the Coast Guard operating expenses account. c. Includes adjustments under the BCA for emergency spending. Title III: Protection, Preparedness, Response, and Recovery Title III of the DHS appropriations bill contains the appropriations for the National Protection and Programs Directorate (NPPD), the Office of Health Affairs (OHA), and the Federal Emergency Congressional Research Service 11 Department of Homeland Security Appropriations: FY2014 Overview and Summary Management Agency (FEMA). The Administration requested $5,383 million for these accounts in FY2014. The House-passed bill would provide $5,928 million, an increase of 10.1% above the requested level.5 The Senate-reported bill would provide $5,955 million, an increase of 10.6% above the requested level. In addition, both House-passed and Senate-reported versions of this title also include a requested $5,626 million for disaster relief that is offset by an adjustment under the Budget Control Act. Table 6 lists the enacted amounts for the individual components of Title III for FY2013, the Administration’s request for these components for FY2014, and the House-passed and Senate-reported appropriations for the same. Table 6. Title III: Protection, Preparedness, Response, and Recovery, FY2013-FY2014 (millions of dollars of budget authority) FY2013 Enacted (pre-sequester) P.L. 113-6 P.L. 113-2 FY2014 Appropriations Total Request Housepassed H.R. 2217 Senatereported H.R. 2217 $65 $51 $60 1,202 1,177 1,209 232 206 National Protection and Programs Directorate Management and Administration Infrastructure Protection and Information Security $50 1,156 1,156 232 232 Appropriation 1,438 1,438 1,267 1,459 1,474 Fees, Mandatory Spending, and Trust Funds 1,302 1,302 1,302 1,302 1,302 Total Budgetary Resources 2,740 2,740 2,569 2,761 2,776 132 132 132 123 128 0 0 0 0 0 132 132 132 123 128 Office of Biometric Identity Managementa Office of Health Affairs Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Federal Emergency Management Agency 5 This includes the impact of §587, a general provision added through a floor amendment which provided an additional $10 million for FEMA. Congressional Research Service 12 Department of Homeland Security Appropriations: FY2014 Overview and Summary FY2013 Enacted (pre-sequester) P.L. 113-6 Salaries and Expenses Grants and Training U.S. Fire Administration Disaster Relief Fundb Total Disaster Relief Funding P.L. 113-2 FY2014 Appropriations Total Request Housepassed H.R. 2217 Senatereported H.R. 2217 972 972 1,042 922 949 2,488 2,488 2,123 2,540 2,527 44 44 41 44 44 607 607 595 595 595 [7,007] [11,488] [18,495] [6,221] [6,221] [6,221] Disaster Assistance Direct Loan Account 0 300 300 0 0 0 Flood Hazard Mapping and Risk Analysis 95 95 84 95 95 Pre-disaster Mitigation Fund 25 25 0 30 25 120 120 100 120 120 -1 -1 -1 -1 -1 10,758 3,984 4,345 4,353 3,551 3,702 3,702 3,702 Emergency Food and Shelter Radiological Emergency Preparedness Appropriation 4,349 6,409 Fees, Mandatory Spending, and Trust Funds 3,551 Disaster Relief Adjustment 6,400 5,379 11,779 5,626 5,626 5,626 Total Budgetary Resources 14,300 11,788 26,088 13,475 13,673 13,682 Net Budget Authority: Title III 5,920 6,409 12,329 5,383 5,928 5,955 Total Budgetary Resources for Title III Components before Transfers 17,172 11,788 28,960 16,337 16,558 16,562 Sources: CRS analysis of P.L. 113-6, its accompanying Senate explanatory statement, P.L. 113-2, the FY2014 DHS Congressional Budget Justifications, H.R. 2217, and H.Rept. 113-91. Notes: Totals may not add due to rounding. a. The FY2013 Budget Justification requested a transfer of the US-VISIT entry-exit program from the DHS National Protection and Programs Directorate (NPPD) to CBP, but P.L. 113-6 left the entry-exit program within NPPD, renaming it the Office of Biometric Identity Management (OBIM). The FY2014 Budget Justification included a request for US-VISIT funding within the CBP Salaries and Expenses account, but House-passed H.R. 2217 mainly would fund the entry-exit program through the OBIM, as in P.L. 113-6. b. Funding for the Disaster Relief Fund (DRF) that counts against the discretionary budget caps is shown in this line, with the next line reflecting the total resources made available for the DRF. The total is equal to this Congressional Research Service 13 Department of Homeland Security Appropriations: FY2014 Overview and Summary line plus the allowable adjustment for disaster relief under the BCA reflected below, which represents resources set aside to pay for FEMA’s share of federal costs associated major disasters under the Stafford Act. Title IV: Research and Development, Training, and Services Title IV of the DHS appropriations bill contains the appropriations for 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. The Administration requested $2,214 million for these accounts in FY2014. The House-passed bill provides $1,890 million, a decrease of 14.7% below the requested level. The Senate-reported bill provides $1,885 million, a decrease of 15.0% below the requested level. Table 7 lists the enacted amounts for the individual components of Title IV for FY2013, the Administration’s request for these components for FY2014, and the House-passed and Senate-reported appropriations for the same. Table 7. Title IV: Research and Development,Training, and Services, FY2013-FY2014 (millions of dollars of budget authority) FY2013 Enacted (pre-sequester) P.L. 113-6 P.L. 113-2 FY2014 Appropriations Total Request Housepassed H.R. 2217 Senatereported H.R. 2217 Citizenship and Immigration Services Appropriation $112 $112 $114 $114 $119 Fees, Mandatory Spending, and Trust Funds 2,882 2,882 3,095 3,095 3,100 Total Budgetary Resources 2,994 2,994 3,209 3,209 3,219 228 228 241 228 228 28 27 31 31 31 257 256 271 259 259 0 0 0 0 0 257 257 271 259 259 Federal Law Enforcement Training Center Salaries and Expenses Acquisition, Construction, Improvements and Related Expenses Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Congressional Research Service 14 Department of Homeland Security Appropriations: FY2014 Overview and Summary FY2013 Enacted (pre-sequester) P.L. 113-6 P.L. 113-2 FY2014 Appropriations Total Request Housepassed H.R. 2217 Senatereported H.R. 2217 Science and Technology Management and Administration 132 Research, Development, Acquisition, and Operations 703 Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources 132 130 129 129 3 706 1,397 1,096 1,089 834 3 838 1,527 1,225 1,218 0 0 0 0 0 0 834 3 838 1,527 1,225 1,218 Domestic Nuclear Detection Office Management and Administration 40 40 38 37 37 Research, Development, and Operations 227 227 211 211 209 Systems Acquisition 51 4 55 43 43 43 318 4 321 291 291 289 0 0 0 0 0 0 318 4 321 291 291 289 Net Budget Authority: Title IV 1,520 7 1,527 2,217 1,890 1,885 Total Budgetary Resources for Title IV Components before Transfers 4,403 7 4,410 5,309 4,985 4,980 Appropriation Fees, Mandatory Spending, and Trust Funds Total Budgetary Resources Sources: CRS analysis of P.L. 113-6, its accompanying Senate explanatory statement, P.L. 113-2, the FY2014 DHS Congressional Budget Justifications, H.R. 2217, and H.Rept. 113-91. Note: Totals may not add due to rounding. Title V: General Provisions Title V of the DHS appropriations bill contains the general provisions for the bill. These typically include a variety of provisions that apply generally to the bill, as opposed to a single appropriation. However, general provisions may carry additional appropriations, rescissions of Congressional Research Service 15 Department of Homeland Security Appropriations: FY2014 Overview and Summary prior-year appropriations, limitations on the use of funds, or permanent legislative language as well. The Administration’s request was made in relation to the general provisions for DHS included in the FY2012 appropriations act (Division D of P.L. 112-74), as the FY2013 appropriations process had not been concluded while the FY2014 request was being developed. The Administration proposed dropping 36 general provisions, most of which they had proposed eliminating in FY2013. Eleven of those were already eliminated in the final FY2013 appropriations bill. The Administration also proposed adding 10 provisions and modifying 10 others. While many of those modifications were simple date changes, one represented a significant change from previous practices. The Administration proposed modifying Section 503, which governs reprogramming of funds, to provide transfer authority that would allow funds to be moved between appropriations accounts within DHS to expedite response to a catastrophic event. Provisions That Directly Affect the Cost of the Bill House-passed H.R. 2217 included $460 million in rescissions in Title V, while the Senatereported version included $241 million in rescissions. These provisions would reduce the net scoring of the bill. The House-passed bill would provide $34 million for DHS’s data center consolidation effort through a general provision, while the Senate-reported bill would provide $54 million in the same fashion, as well as $43 million for DHS headquarters consolidation at St. Elizabeths. These are cross-cutting initiatives which have been funded in the past in the general provisions of the legislation. The Senate-reported bill also included legislative language to allow DHS to use fee revenues collected under the Colombia Free Trade Act, which adds $110 million to the overall cost of the legislation. These are the only provisions in this title that impact the score of the bill—however, fee revenues of $50 million from Section 563 of P.L. 113-6 are reflected in the comparative statement of budget authority at the back of the House report accompanying the bill, further reducing the score of the bill by $50 million.6 Provisions That Do Not Affect the Cost of the Bill The House concurred with the Administration’s request to drop three general provisions beyond the 11 that were dropped from the FY2013 DHS appropriations act. The House Appropriations Committee did not add any of the general provisions requested by the Administration—with the exception of a rescission provision that it modified7—and rejected the expansion of reprogramming authority. 6 7 H.Rept. 113-91, p. 175. H.R. 2217[rfs2], §567. Congressional Research Service 16 Department of Homeland Security Appropriations: FY2014 Overview and Summary The House added 19 general provisions to the bill during floor action, bringing the total number of general provisions to 84. Eighteen of these newly added general provisions prohibit the use of funds provided in the bill for specific activities. The Senate Appropriations Committee chose to drop a provision that the House retained,8 kept four proposed for removal that the House did not,9 and added several other provisions. It added two provisions requested by the Administration—one authorizing the use of reimbursable fee agreements to fund CBP services,10 and a modified provision allowing DHS to receive donations to construct, alter, operate, or maintain land ports of entry.11 The Senate-reported bill includes 72 general provisions in all. Author Contact Information William L. Painter Analyst in Emergency Management and Homeland Security Policy wpainter@crs.loc.gov, 7-3335 8 Ibid., §520. H.R. 2217[rs], §522, §526, §527, and §529. 10 Ibid., §555. 11 Ibid., §566. 9 Congressional Research Service 17