Department of Homeland Security Appropriations: FY2014 Overview and Summary

March 11, 2014 (R43193)

Contents

Figures

Tables

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).

Congress did not enact annual FY2014 appropriations legislation prior to the beginning of the new fiscal year. From October 1, 2013, through October 16, 2013, the federal government (including DHS) operated under an emergency shutdown furlough due to the expiration of annual appropriations for FY2014. More than 31,000 DHS employees were furloughed. Tens of thousands of others that were excepted from furlough, and those whose salaries were paid through annual appropriations, worked without pay until the lapse was resolved by passage of a short-term continuing resolution. From October 17, 2013, to January 17, 2014, the federal government operated under the terms of two consecutive continuing resolutions: P.L. 113-46, which lasted until its successor was enacted on January 15, 2014; and P.L. 113-73, which lasted until the Omnibus Appropriations Act, 2014 (P.L. 113-76), was enacted on January 17, 2014.

Division F of P.L. 113-76 is the Homeland Security Appropriations Act, 2014, which includes $39,270 million in adjusted net discretionary budget authority for DHS. This is $922 million more than DHS reportedly received in its annual appropriation for FY2013 after taking into account the impact of sequestration. The act also included an additional $5.6 billion requested by the Administration for FEMA in disaster relief funding as defined by the Budget Control Act, and an additional $227 million for the Coast Guard to pay the costs of overseas contingency operations. Those additional costs are compensated for by adjustments in the discretionary spending limits outlined through the Balanced Budget and Emergency Deficit Control Act as amended.

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 [author name scrubbed].

This report will be updated as events warrant.


Department of Homeland Security Appropriations: FY2014 Overview and Summary

This 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 outlines the legislative chronology of major events in funding the department for FY2014. The third 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 $46.2 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 had 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)

 

FY2013

FY2014

Title

Enacted (P.L. 113-6), pre-sequester

Supplemental (P.L. 113-2), pre-sequester

Request

House-passed H.R. 2217

Senate-reported H.R. 2217

Div. F, P.L. 113-76

Title I: Departmental Management and Operations

$1,086

$0

$1,239

$893

$1,053

$1,037

Title II: Security, Enforcement and Investigations

31,524a

277

30,241

30,768

30,514b

31,104b

Title III: Protection, Preparedness, Response, and Recovery

12,320c

11,788

11,009d

11,544d

11,582d

11,578d

Title IV: Research and Development, Training, and Services

1,520

7

2,214

1,890

1,885

1,878

Title V: General Provisions

-203

0

-50

-475

-83

-474

Total

46,248

12,072

44,654

44,618

44,953

45,123

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, S.Rept. 113-77, P.L. 113-76 and its accompanying explanatory statement.

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 budget request 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, the Senate Appropriations Committee recommended $241 million, and Division F of P.L. 113-76 included $693 million. 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.

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 that would be directly comparable to the data provided in previous and future years' reports. 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 took place to address the impact of the nearly across-the-board cut administered through the sequestration process on priority programs.2

As there is no detailed comprehensive statement of post-sequestration resources available, 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 $10,833 million and final appropriation of $10,420 million. 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.

Table 2. DHS Discretionary Appropriations by Component, FY2014

(millions of dollars, rounded)

Component

FY2014 Request

FY2014 House- passed

FY2014 Senate-reported

Div. F, P.L. 113-76

Customs and Border Protection (CBP)

$10,833

$10,567

$10,420

$10,690

U.S. Coast Guard (USCG)

8,050

8,399

8,385

8,514

Immigration and Customs Enforcement (ICE)

4,997

5,384

5,054

5,269

Transportation Security Administration (TSA)

4,857

4,781

4,908

4,929

Federal Emergency Management Agency (FEMA)

3,984

4,345

4,353

4,354

U.S. Secret Service (USSS)

1,546

1,586

1,582

1,585

National Protection and Programs Directorate (NPPD)

1,267

1,459

1,474

1,471

Science & Technology Directorate (S&T)

1,527

1,225

1,218

1,220

Departmental Management

811

509

730

728

Analysis & Operations (A&O)

309

292

304

300

Domestic Nuclear Detection Office (DNDO)

291

291

289

285

Federal Law Enforcement Training Center (FLETC)

271

259

259

259

Office of Health Affairs (OHA)

132

123

128

127

U.S. Citizenship and Immigration Services (USCIS)

124

114

119

116

Office of the Inspector General (OIG)

119

114

117

115

Total

$39,120

$39,450

$39,341

$39,963

Source: H.R. 2217, H.Rept. 113-91, S.Rept. 113-77, P.L. 113-76 and its accompanying explanatory statement.

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.

Figure 1. DHS Discretionary Appropriations by Component, FY2014

(millions of dollars, rounded)

Source: H.R. 2217, H.Rept. 113-91, S.Rept. 113-77, P.L. 113-76 and its accompanying explanatory statement.

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 Agency; 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.

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 proposed 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 non-appropriated resources. For FY2014, 67% of the proposed DHS gross budget was funded through discretionary appropriations. The remainder of the proposed budget was 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 FY2014. 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 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 nominal level of annual appropriations for the department declined each year since the FY2010 peak, until increasing in FY2014. 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 pre-sequester 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-FY2014

(billions of dollars of budget authority)

 

Nominal Appropriations

GDP Price Index

Constant Dollar Appropriations

 

Regular

Supplemental

Total

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 post-sequester

44.971

n/a

n/a

1.183

38.014

n/a

n/a

FY2014

45.123

45.123

1.205

37.446

37.446

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. 109-699 (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. 111-298 (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 post-sequester numbers for P.L. 113-2, and therefore a post-sequester grand total for FY2013, are not available.

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 annual appropriation for DHS for FY2011, FY2013, and FY2014 did not occur until after the beginning of the new calendar year.

Major Developments

Table 4. Legislative Status of FY2014 Homeland Security Appropriations

(dates of action and votes)

Subcommittee Markup

H.Rept. 113-91

House Passage H.R. 2217

S.Rept. 113-77

Senate Passage

Omnibus Appropriations Act (H.R. 3547) Approval

P.L. 113-76

House

Senate

House

Senate

5/16/13
(vv)

7/16/13
(8-1)

5/22/13
(vv)

6/6/13
(245-182)

7/18/13
(21-9)

1/15/14 (369-67)

1/16/14 (72-26)

1/17/2014

Notes: (vv) = voice vote, (uc) = unanimous consent.

April 10, 2013—President's FY2014 Budget Request Submitted

For FY2014, the Administration requested $39.028 billion in adjusted net discretionary budget authority for DHS, as part of an overall budget request of $60.0 billion (including fees, trust funds, and other funding that is not appropriated or does not score against the overall discretionary spending caps budget allocation for the bill).5

June 6, 2013—House Passes H.R. 2217

On June 6, 2013, the House passed H.R. 2217 with several amendments by a vote of 245-182. This report uses House-passed H.R. 2217 and the accompanying report (H.Rept. 113-91) as the source for House-passed appropriations numbers. After floor action the House bill carried a net discretionary appropriation of $38.991 billion for DHS for FY2014. Several House-adopted floor amendments used management accounts as offsets, leaving funding for those activities 40% below the requested level. Increases approved by the House above the committee-recommended level for DHS activities included Customs and Border Protection's Border Security Fencing, Infrastructure, and Technology account; Coast Guard's Operating Expenses account; the Federal Emergency Management Agency's Urban Search and Rescue Response activities; and grant programs.

July 18, 2013—Senate Appropriations Committee Reports H.R. 2217

On July 17, the Senate Appropriations Committee reported out H.R. 2217 with an amendment by a vote of 21-9. The Senate-reported bill carried a net discretionary appropriation of $39.1 billion for DHS for FY2014.

October 1, 2013—Lapse in Appropriations

Late on September 30, 2013, the Office of Management and Budget (OMB) gave notice to federal agencies that an emergency shutdown furlough would be put in place as a result of the failure to enact appropriations legislation for FY2014. On September 27, 2013, DHS released its "Procedures Relating to a Federal Funding Hiatus,"6 which included details on how DHS planned to determine who was required to report to work, ceasing unexempted7 government operations, recalling certain workers in the event of an emergency, and restarting operations once an accord was reached on funding issues. More than 31,000 DHS employees were furloughed, and tens of thousands of others that were excepted from furlough and whose salaries were paid through annual appropriations worked without pay until the funding lapse was resolved.

For a broader discussion of a federal government shutdown, see CRS Report RL34680, Shutdown of the Federal Government: Causes, Processes, and Effects, coordinated by [author name scrubbed].

October 17, 2013—P.L. 113-46, Continuing Appropriations Act, 2014 Passed and Enacted

On October 17, 2013, the Senate passed and the House of Representatives passed, and the President signed into law, a Senate-amended version of H.R. 2775 which carried a short term continuing resolution (CR) which funds government operations at a rate generally equivalent to FY2013 post-sequestration levels through January 15, 2014. The Senate passed the amended bill by a vote of 81-18, while the House passed it 285-144. This act temporarily resolved the lapse in funding, ending the emergency furlough, returning federal employees to work, and retroactively authorizing pay for both excepted and unexcepted employees for the duration of the funding lapse. Although a handful of legislative provisions are included to extend expiring authorities for the department and provide some flexibility for Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) in operating under the constraints of the CR, as is usually the case with this type of legislation, account-level direction for funding is not provided, and no explanatory statement of congressional intent (such as a committee report) exists.

January 14-15, 2014—P.L. 113-76, Short-Term Continuing Resolution

On January 14, 2014, the House passed by voice vote H.J.Res. 106, a short term continuing resolution, that would allow for three days of continued funding under the same terms as P.L. 113-46. On January 15, the joint resolution passed the Senate by a vote of 86-14, and was signed into law that same day, becoming P.L. 113-73 and preventing an additional lapse in appropriations funding while a consolidated appropriations act for FY2014 completed the legislative process.

January 17, 2014—President Signs the FY2014 Consolidated Appropriations Act

On January 17, 2014, the President signed into law the Consolidated Appropriations Act, 2014, which included annual appropriations legislation covering the entire discretionary budget for the federal government for FY2014. Division F of P.L. 113-76 is the Homeland Security Appropriations Act, 2014, which includes $39,270 million in adjusted net discretionary budget authority for DHS. This amount is $922 million more than DHS reportedly received in its annual appropriation for FY2013 after taking into account the impact of sequestration. The act also included an additional $5.6 billion requested by the Administration for FEMA in disaster relief funding as defined by the Budget Control Act, and an additional $227 million for the Coast Guard to pay the costs of overseas contingency operations. Those additional costs are compensated for by adjustments in the discretionary spending limits outlined through the Balanced Budget and Emergency Deficit Control Act, as amended.

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 House-passed bill would have provided $883 million in Title I, a decrease of 28.0% from the requested level. The Senate-reported bill would have provided $1,054 million in Title I, 14.9% below the requested level. Division F of P.L. 113-76 included $1,037 million in Title I, 16.3% below the requested level.8

Table 5 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 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 5. Title I: Departmental Management and Operations, FY2013-FY2014

(millions of dollars of budget authority)

 

 

FY2013 Enacted
(pre-sequester)

FY2014 Appropriations

 

 

P.L. 113-6

P.L. 113-2

Total

Request

House-passed H.R. 2217

Senate-reported H.R. 2217

Div. F, P.L. 113-76

Office of the Secretary and Executive Management

$130

$0

$130

$127

$100

$124

$122

Office of the Under Secretary for Management

218

0

218

203

133

198

196

Office of the Chief Financial Officer

51

0

51

49

31a

48

46

Office of the Chief Information Officer

243

0

243

327

211

263

257

Analysis and Operations

322

0

322

309

292

304

300

DHS Headquarters Consolidationb

0

0

0

106

0

0c

0d

Office of the Inspector Generale

121

0

121

119

114

117

115

Net Budget Authority: Title I

1,087

0

1,087

1,239

883

1,054

1,037

Total Gross Budgetary Resources for Title I Components before Transfers

1,087

0

1,087

1,239

883

1,054

1,037

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, S.Rept. 113-77, P.L. 113-76, and its accompanying explanatory statement.

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 of Senate-reported H.R. 2217.

d. $48 million is provided for this purpose in Coast Guard Operating Expenses and in General Provisions in Division F of P.L. 113-76

e. The Office of the Inspector General also receives transfers from FEMA to pay for oversight of disaster-related activities that are not reflected in these tables.

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 have provided $30,768 million under Title II, an increase of 1.60% from the requested level. The Senate-reported bill would have included $30,289 million in Title II, an increase of less than 0.1% from the requested level. Division F of P.L. 113-76 included $30,877 million in Title II, 2.1% above the requested level. Both the Senate-reported bill and the enacted annual appropriations act also included an additional $227 million in funding for overseas contingency operations of Coast Guard, compensated for by an adjustment in the discretionary spending limits outlined through the Balanced Budget and Emergency Deficit Control Act, as amended. Table 6 lists the enacted amounts for the individual components of Title II for FY2013, the Administration's request for these components for FY2014, the House-passed and Senate-reported appropriations for the same, and the annual appropriation enacted through Division F of P.L. 113-76.

Table 6. Title II: Security, Enforcement, and Investigations, FY2013-FY2014

(millions of dollars of budget authority)

 

FY2013 Enacted
(pre-sequester)

FY2014 Appropriations

P.L. 113-6

P.L. 113-2

Total

Request

House-passed H.R. 2217

Senate-reported H.R. 2217

Div. F, P.L. 113-76

Customs and Border Protection

 

 

 

 

 

 

 

Salaries and Expenses

$8,282

$2

$8,284

$9,237

$8,276

$7,976

$8,146

Small Airport User Feea

 

5

5

5

5

Automation Modernization

719

 

719

340

700

800

817

Border Security Fencing, Infrastructure, and Technology

324

 

324

351

361

351

351

Air and Marine Interdictions

798

 

798

428

803

756

805

Facilities Management

233

 

233

471

471

471

456

Appropriation

10,356

2

10,358

10,833

10,617

10,360

10,580

Fees, Mandatory Spending, and Trust Funds

1,519

 

1,519

2,064

2,064

2,064

1,704

Total Budgetary Resources

11,873

2

11,874

12,897

12,680

12,424

12,284

Immigration and Customs Enforcement

 

 

 

 

 

 

 

Salaries and Expenses

5,387

1

5,388

4,957

5,344

5,014

5,229

Automation & Infrastructure Modernization

33

 

33

35

35

35

35

Construction

5

 

5

5

5

5

5

Appropriation

5,426

1

5,427

4,997

5,384

5,054

5,269

Fees, Mandatory Spending, and Trust Funds

312

 

312

345

345

345

345

Total Budgetary Resources

5,738

1

5,738

5,342

5,729

5,399

5,614

Transportation Security Administration

 

 

 

 

 

 

 

Aviation Security (net funding)

2,976

 

2,976

2,743

2,755

2,819

2,863

Surface Transportation Security

124

 

124

109

124

109

109

Transportation Threat Assessment and Credentialing (net funding)

192

 

192

181

183

180

176

Transportation Security Support

953

 

953

998

898

979

962

Federal Air Marshals

907

 

907

827

821

821

819

Appropriation

5,152

 

5,152

4,857

4,781

4,908

4,929

Fees, Mandatory Spending, and Trust Funds

2,399

 

2,399

2,541

2,436

2,436

2,436

Total Budgetary Resources

7,551

 

7,551

7,398

7,217

7,344

7,365

U.S. Coast Guard

 

 

 

 

 

 

 

Operating Expenses

6,812

 

6,812

6,755

6,839

6,799

6,785

Environmental Compliance & Restoration

13

 

13

13

13

13

13

Reserve Training

132

 

132

110

113

122

120

Acquisition, Construction, & Improvements

1,543

274b

1,818

951

1,223

1,230

1,376

Research, Development, Testing, and Evaluation

20

 

20

20

10

20

19

Health Care Fund Contributiona

203

 

203

201

201

201

201

Discretionary Appropriation

8,723

274

8,997

8,050

8,399

8,385

8,514

Fees, Mandatory Spending, and Trust Funds

1,823

 

1,823

1,808

1,808

1,808

1,808

Overseas Contingency Operations Adjustment

254

 

254

0

0

227

227

Total Budgetary Resources

10,800

274

11,075

9,858

10,207

10,421

10,549

Secret Service

 

 

 

 

 

 

 

Salaries and Expenses

1,554

*

1,554

1,495

1,535

1,530

1,533

Acquisition, Construction, and Improvements

57

 

57

52

52

52

52

Appropriation

1,611

*

1,611

1,546

1,586

1,582

1,585

Fees, Mandatory Spending, and Trust Funds

250

 

250

255

255

255

255

Total Budgetary Resources

1,861

 

1,861

1,801

1,841

1,837

1,840

Net Discretionary Budget Authority: Title IIc

31,267

277

31,544

30,283

30,768

30,289

30,877

Total Budgetary Resources for Title II Components before Transfers

37,824

277

38,102

37,191

37,675

37,424

37,651

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, S.Rept. 113-77, P.L. 113-76, and its accompanying explanatory statement.

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 Management Agency (FEMA). The Administration requested $5,383 million for these accounts in FY2014. The House-passed bill would have provided $5,928 million, an increase of 10.1% above the requested level.9 The Senate-reported bill would have provided $5,955 million, an increase of 10.6% above the requested level. Division F of P.L. 113-76 included $5,952 million in Title III, 10.6% above the requested level. In addition, all three 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 7 lists the enacted amounts for the individual components of Title III for FY2013, the Administration's request for these components for FY2014, the House-passed and Senate-reported appropriations for the same, and the annual appropriation enacted through Division F of P.L. 113-76.

Table 7. Title III: Protection, Preparedness, Response, and Recovery, FY2013-FY2014

(millions of dollars of budget authority)

 

FY2013 Enacted
(pre-sequester)

FY2014 Appropriations

P.L. 113-6

P.L. 113-2

Total

Request

House-passed H.R. 2217

Senate-reported H.R. 2217

Div. F, P.L. 113-76

National Protection and Programs Directorate

 

 

 

 

 

 

 

Management and Administration

$50

 

 

$65

$51

$60

$56

Infrastructure Protection and Information Security

1,156

 

1,156

1,202

1,177

1,209

1,187

Office of Biometric Identity Managementa

232

 

232

 

232

206

227

Appropriation

1,438

 

1,438

1,267

1,459

1,474

1,471

Fees, Mandatory Spending, and Trust Funds

1,302

 

1,302

1,302

1,302

1,302

1,302

Total Budgetary Resources

2,740

 

2,740

2,569

2,761

2,776

2,772

Office of Health Affairs

 

 

 

 

 

 

 

Appropriation

132

 

132

132

123

128

127

Fees, Mandatory Spending, and Trust Funds

0

 

0

0

0

0

0

Total Budgetary Resources

132

 

132

132

123

128

127

Federal Emergency Management Agency

 

 

 

 

 

 

 

Salaries and Expenses

972

 

972

1,042

922

949

947

Grants and Training

2,488

 

2,488

2,123

2,540

2,527

2,530

U.S. Fire Administration

44

 

44

41

44

44

44

Disaster Relief Fundb

607

 

607

595

595

595

595

Total Disaster Relief Funding

[7,007]

[11,488]

[18,495]

[6,221]

[6,221]

[6,221]

[6,221]

Disaster Assistance Direct Loan Account

0

300

300

0

0

0

0

Flood Hazard Mapping and Risk Analysis

95

 

95

84

95

95

95

Pre-disaster Mitigation Fund

25

 

25

0

30

25

25

Emergency Food and Shelter

120

 

120

100

120

120

120

Radiological Emergency Preparedness

-1

 

-1

-1

-1

-1

-1

Appropriation

4,349

6,409

10,758

3,984

4,345

4,353

4,354

Fees, Mandatory Spending, and Trust Funds

3,551

 

3,551

3,702

3,702

3,702

3,702

Disaster Relief Adjustment

6,400

5,379

11,779

5,626

5,626

5,626

5,626

Total Budgetary Resources

14,300

11,788

26,088

13,475

13,673

13,682

13,683

Net Budget Authority: Title III

5,920

6,409

12,329

5,383

5,928

5,955

5,952

Total Budgetary Resources for Title III Components before Transfers

17,172

11,788

28,960

16,337

16,558

16,586

16,558

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, S.Rept. 113-77, P.L. 113-76, and its accompanying explanatory statement.

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 H.R. 2217 and P.L. 113-76 mainly funded 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 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 with 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 would have provided $1,890 million, a decrease of 14.7% below the requested level. The Senate-reported bill would have provided $1,885 million, a decrease of 15.0% below the requested level. Division F of P.L. 113-76 included $1,878 million in Title IV, 15.2% below the requested level. Table 8 lists the enacted amounts for the individual components of Title IV for FY2013, the Administration's request for these components for FY2014, the House-passed and Senate-reported appropriations for the same, and the annual appropriation enacted through Division F of P.L. 113-76.

Table 8. Title IV: Research and Development, Training, and Services, FY2013-FY2014

(millions of dollars of budget authority)

 

 

FY2013 Enacted
(pre-sequester)

FY2014 Appropriations

 

 

P.L. 113-6

P.L. 113-2

Total

Request

House-passed H.R. 2217

Senate-reported H.R. 2217

Div. F, P.L. 113-76

Citizenship and Immigration Services

 

 

 

 

 

 

 

Appropriation

$112

 

$112

$124

$114

$119

$114

Fees, Mandatory Spending, and Trust Funds

2,882

 

2,882

3,095

3,095

3,100

3,103

Total Budgetary Resources

2,994

 

2,994

3,219

3,209

3,219

3,217

Federal Law Enforcement Training Center

 

 

 

 

 

 

 

Salaries and Expenses

228

 

228

241

228

228

228

Acquisition, Construction, Improvements and Related Expenses

28

 

27

31

31

31

31

Appropriation

257

 

256

271

259

259

259

Fees, Mandatory Spending, and Trust Funds

0

 

0

0

0

0

0

Total Budgetary Resources

257

 

257

271

259

259

259

Science and Technology

 

 

 

 

 

 

 

Management and Administration

132

 

132

130

129

129

129

Research, Development, Acquisition, and Operations

703

3

706

1,397

1,096

1,089

1,091

Appropriation

834

3

838

1,527

1,225

1,218

1,220

Fees, Mandatory Spending, and Trust Funds

0

0

0

0

0

0

0

Total Budgetary Resources

834

3

838

1,527

1,225

1,218

1,220

Domestic Nuclear Detection Office

 

 

 

 

 

 

 

Management and Administration

40

 

40

38

37

37

37

Research, Development, and Operations

227

 

227

211

211

209

205

Systems Acquisition

51

4

55

43

43

43

43

Appropriation

318

4

321

291

291

289

285

Fees, Mandatory Spending, and Trust Funds

0

0

0

0

0

0

0

Total Budgetary Resources

318

4

321

291

291

289

285

Net Budget Authority: Title IV

1,520

7

1,527

2,217

1,890

1,885

1,878

Total Budgetary Resources for Title IV Components before Transfers

4,403

7

4,410

5,309

4,985

4,986

4,981

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, S.Rept. 113-77, P.L. 113-76 and its accompanying explanatory statement.

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 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.

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 modified10—and rejected the expansion of reprogramming authority. H.R. 2217 as reported to the House had 65 general provisions. The House added 19 general provisions to the bill during floor action, bringing the total number of general provisions in its version of H.R. 2217 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,11 kept four proposed for removal that the House did not,12 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,13 and a modified provision allowing DHS to receive donations to construct, alter, operate, or maintain land ports of entry.14 The Senate-reported bill includes 72 general provisions in all.

Division F of P.L. 113-76 included 77 general provisions in all. Seven provisions of the 74 general provisions carried in the FY2013 Homeland Security Appropriations Act were dropped, and ten were added. Section 559 of the act included a modified version of the Administration's requested authority to enter into reimburseable fee agreements and to receive donations. The act did not include the requested expansion of reprogramming authority.

Provisions That Directly Affect the Cost of the Bill

House-passed H.R. 2217 included $460 million in rescissions in Title V, while the Senate-reported version included $241 million in rescissions. Division F of P.L. 113-76 included $693 million in Title V. These provisions reduce the net score of the act.

The House-passed bill would have provided $34 million for DHS's data center consolidation effort through a general provision, while the Senate-reported bill would have provided $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 as a result of lifting a fee exemption, which adds $110 million to the overall cost of the legislation. Division F of P.L. 113-76 included $3 million for a USCIS immigrant integration grant program, as well as $42 million for data center migration, $35 million for DHS headquarters consolidation, and $30 million for financial systems modernization. The division also includes the legislative language concerning fees as proposed by the Senate.

These are the only provisions in this title that impact the score of the act.

Footnotes

1.

See, for example, CRS Report R41189, Homeland Security Department: FY2011 Appropriations.

2.

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.

5.

Department of Homeland Security, Congressional Budget Justifications, Budget Tables and Explanation of Changes for General Provisions, FY2014, p. 1.

6.

Available at http://www.dhs.gov/sites/default/files/publications/dhs-lapse-contingency-plan-09-27-2013.pdf. The Office of Management and Budget has assembled a complete list of such plans at http://www.whitehouse.gov/omb/contingency-plans.

7.

Some agencies use the term "excepted" rather than "exempted" to describe activities that would continue—the terms are interchangeable. This report generally uses "exempted" as DHS uses that term in its plan.

8.

While these accounts presented in Title I do show some reductions, some funding for activities requested in the accounts presented in Title I of the bill is provided through appropriations for other components, or through general provisions.

9.

This includes the impact of §587, a general provision added through a floor amendment which provided an additional $10 million for FEMA.

10.

H.R. 2217[rfs2], §567.

11.

Ibid., §520.

12.

H.R. 2217[rs], §522, §526, §527, and §529.

13.

Ibid., §555.

14.

Ibid., §566.