Department of Homeland Security: FY2014 Appropriations

Congressional research reportApr 18, 2014

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Department of Homeland Security:

FY2014 Appropriations

(name redacted), Coordinator

Analyst in Emergency Management and Homeland Security Policy

April 18, 2014

Congressional Research Service

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R43147

Department of Homeland Security: FY2014 Appropriations

Summary

This report analyzes the FY2014 appropriations 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; and

•

Science and Technology, $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 have provided $39.0 billion in

adjusted net discretionary budget authority. The Senate-reported version of the same bill would

have provided $39.1 billion in adjusted net discretionary budget authority. Both bills also would

have provided the $5.6 billion in disaster relief requested by the Administration.

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 who 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. The

Homeland Security Appropriations Act, 2014, was included as Division F, and provided $39.3

billion in net discretionary budget authority, as well as the requested disaster relief funding.

This report will be updated as events warrant.

Congressional Research Service

Department of Homeland Security: FY2014 Appropriations

Contents

Most Recent Developments ............................................................................................................. 1

April 10, 2013—President’s FY2014 Budget Request Submitted ............................................ 1

June 6, 2013—House Passes H.R. 2217.................................................................................... 2

July 18, 2013—Senate Appropriations Committee Reports H.R. 2217 .................................... 2

October 1, 2013—Lapse in Appropriations ............................................................................... 2

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

Enacted ................................................................................................................................... 2

Note on Most Recent Data ........................................................................................................ 3

Background ...................................................................................................................................... 4

Department of Homeland Security ............................................................................................ 4

Appropriations for the Department of Homeland Security.............................................................. 5

Summary of DHS Appropriations ............................................................................................. 5

DHS Appropriations: Comparing the Components ................................................................... 7

DHS Appropriations Compared with the Total DHS Budget .................................................. 10

DHS Appropriations Trends: Size ........................................................................................... 10

DHS Appropriations Trends: Timing....................................................................................... 12

Title I: Departmental Management and Operations ....................................................................... 13

Departmental Management...................................................................................................... 14

DHS Headquarters Consolidation ........................................................................................... 25

Analysis and Operations .......................................................................................................... 27

Office of the Inspector General ............................................................................................... 29

Title II: Security, Enforcement, and Investigations ....................................................................... 32

Customs and Border Protection ............................................................................................... 35

Immigration and Customs Enforcement .................................................................................. 43

Transportation Security Administration .................................................................................. 49

U.S. Coast Guard ..................................................................................................................... 57

U.S. Secret Service .................................................................................................................. 61

Title III: Protection, Preparedness, Response, and Recovery ........................................................ 65

National Protection and Programs Directorate ........................................................................ 67

Entry-Exit System ................................................................................................................... 73

Federal Protective Service ....................................................................................................... 74

Office of Health Affairs ........................................................................................................... 76

Federal Emergency Management Agency ............................................................................... 79

DHS State and Local Preparedness Grants .............................................................................. 80

Title IV: Research and Development, Training, and Services ....................................................... 89

U.S. Citizenship and Immigration Services............................................................................. 91

Federal Law Enforcement Training Center ............................................................................. 97

Directorate of Science and Technology ................................................................................... 98

Domestic Nuclear Detection Office....................................................................................... 101

Title V: General Provisions .......................................................................................................... 104

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Department of Homeland Security: FY2014 Appropriations

Figures

Figure 1. DHS Appropriations by Component, FY2014 ................................................................. 9

Figure 2. DHS Gross Budget Breakdown: FY2014 Request ......................................................... 10

Figure 3. DHS Appropriations Legislative Timing ........................................................................ 12

Tables

Table 1. Legislative Status of FY2014 Homeland Security Appropriations .................................... 1

Table 2. DHS Net Discretionary Appropriations by Title, FY2013-FY2014 .................................. 6

Table 3. DHS Discretionary Appropriations by Component, FY2014 ............................................ 7

Table 4. DHS Appropriations, FY2004-FY2014 ........................................................................... 11

Table 5. Title I: Departmental Management and Operations, FY2013-FY2014............................ 13

Table 6. DHS Management Account Appropriations, FY2013-FY2014 ....................................... 21

Table 7. Title II: Security, Enforcement, and Investigations, FY2013-FY2014 ............................ 32

Table 8. U.S. Customs and Border Protection Account Detail, FY2013-FY2014 ......................... 39

Table 9. Immigration and Customs Enforcement (ICE) Sub-Account Detail,

FY2013-FY2014 ......................................................................................................................... 44

Table 10. TSA, Requested Budgetary Resources, FY2014 ........................................................... 50

Table 11. TSA Gross Budget Authority by Budget Activity, FY2013-FY2014 ............................. 52

Table 12. Coast Guard Operating (OE) and Acquisition (ACI) Sub-Account Detail,

FY2013-FY2014 ......................................................................................................................... 58

Table 13. Budget Authority for the U.S. Secret Service, FY2013-FY2014 ................................... 63

Table 14. Title III: Protection, Preparedness, Response, and Recovery, FY2013-FY2014 ........... 65

Table 15. Budget Authority for Infrastructure Protection and Information Security,

FY2013-FY2014 ......................................................................................................................... 70

Table 16. Office of Health Affairs, FY2013-FY2014 .................................................................... 77

Table 17. State and Local Grant Programs and Training, FY2013-FY2014 .................................. 84

Table 18. Title IV: Research and Development, Training, and Services, FY2013-FY2014 .......... 89

Table 19. USCIS Resources and Projections, FY2013-FY2014 .................................................... 93

Table 20. Directorate of Science and Technology, FY2013-FY2014 .......................................... 101

Table 21. Domestic Nuclear Detection Office, FY2013-FY2014................................................ 103

Table A-1. DHS FY2013 and FY2014 Comparable and 302(b) Discretionary Allocations ........ 110

Table B-1. Federal Homeland Security Funding by Agency, FY2002-FY2012 .......................... 113

Appendixes

Appendix A. Appropriations Terms and Concepts....................................................................... 108

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Department of Homeland Security: FY2014 Appropriations

Appendix B. DHS Appropriations in Context ............................................................................. 112

Contacts

Author Contact Information......................................................................................................... 115

Congressional Research Service

Department of Homeland Security: FY2014 Appropriations

T

his report presents an analysis of the discretionary appropriations for the Department of

Homeland Security (DHS) for fiscal year 2014 (FY2014). It compares unsequestered

enacted FY2013 appropriations for DHS, the President’s request for FY2014 funding for

DHS, and the appropriations legislation crafted in response to that request.

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 the report outlines the

legislative chronology of major events in funding the department for FY2014. The third portion

of the report provides detailed information on DHS appropriations, broken down by component,

with discussing of associated policy issues.

Discussion of appropriations legislation involves a variety of unique budgetary concepts.

Appendix A to this report explains a variety of these concepts, including budget authority,

obligations, outlays, discretionary and mandatory spending, offsetting collections, allocations,

and adjustments to the discretionary spending caps under the Budget Control Act.

This report pays particular attention to discretionary funding amounts. The report does not

provide in-depth analysis of specific issues related to mandatory funding—such as retirement

pay—nor does the report systematically track any other legislation related to the authorization or

amendment of DHS programs, activities, or fee revenues.

Most Recent Developments

Table 1. Legislative Status of FY2014 Homeland Security Appropriations

(dates of action and votes)

Subcommittee

Markup

House

Senate

H.Rept.

113-91

House

Passage

H.R.

2217

5/16/13

(vv)

7/16/13

(8-1)

5/22/13

(vv)

6/6/13

(245-182)

Omnibus

Appropriations Act

(H.R. 3547)

Approval

S.Rept.

113-77

Senate

Passage

7/18/13

(21-9)

—

House

Senate

1/15/14

(369-67)

1/16/14

(72-26)

P.L. 11376

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).1

1

Department of Homeland Security, Congressional Budget Justification, Budget Tables and Explanation of Changes

for General Provisions, FY2014, p. 1.

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Department of Homeland Security: FY2014 Appropriations

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 $39.100

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,”2 which included details on how DHS planned

to determine who was required to report to work, cease unexempted3 government operations,

recall certain workers in the event of an emergency, and restart operations once an accord was

reached on funding issues. More than 31,000 DHS employees were furloughed, and tens of

thousands of others who were excepted from furlough and whose salaries were paid through

annual appropriations worked without pay.

For a broader discussion of a federal government shutdown, see CRS Report RL34680, Shutdown

of the Federal Government: Causes, Processes, and Effects, coordinated by (name redacted).

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

Passes and Is Enacted

On October 17, 2013, the Senate 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) that funded government operations at a rate generally equivalent to FY2013 postsequestration levels through January 15, 2014. The Senate passed the amended bill by a vote of

2

Available at http://www.dhs.gov/sites/default/files/publications/dhs-lapse-contingency-plan-09-27-2013.pdf, and

hereafter cited as “FY2014 Procedures” in footnotes. The Office of Management and Budget has assembled a complete

list of such plans at http://www.whitehouse.gov/omb/contingency-plans.

3

Some agencies use the term “excepted” rather than “exempted” to describe activities that would continue – the terms

are interchangeable. This report generally uses “exempted” because DHS uses that term in its plan.

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Department of Homeland Security: FY2014 Appropriations

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 were 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 was 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 bill 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 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

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 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.

Note on Most Recent Data

Data used in this report for FY2013 amounts are taken from CRS analysis of H.R. 933 as enacted

as the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6) and the Senate

explanatory statement that accompanied it, plus the Disaster Relief Appropriations Act of 2013

(P.L. 113-2). Information on the FY2014 request is from the President’s budget documents, the

FY2014 DHS Congressional Budget Justification, and the FY2014 DHS Budget in Brief.

Information on the House-passed FY2014 DHS appropriations bill is from H.R. 2217 and H.Rept.

113-91, while information on the Senate-reported version is from H.R. 2217 (as amended) and

S.Rept. 113-77. Enacted levels are drawn from Division F of P.L. 113-76 and its accompanying

explanatory statement. Historical funding data used in the appendices are taken from the

Analytical Perspectives volumes of the FY2006-FY2013 budget request documents. Except when

discussing total amounts for the bill as a whole, all amounts contained in this report are rounded

to the nearest million.

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Department of Homeland Security: FY2014 Appropriations

Note on FY2013 and Sequestration

Past CRS reports on DHS appropriations have carried detailed comparisons with previous years’

funding levels. 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,

which outlined funding provided as a result of P.L. 113-6, press reports have indicated that

reprogramming and transfer activity is underway to address the impact of the nearly across-theboard cut administered through the sequestration process on priority programs.4

Because no detailed comprehensive statement of post-sequestration resources is available with a

parallel methodology to the numbers historically provided in these reports, 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.

Background

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 created by the act. Appropriations measures for DHS have generally been organized into

five titles:

•

Title I contains appropriations for the Office of Secretary and Executive

Management (OSEM), the Office of the Under Secretary for Management

(USM), the Office of the Chief Financial Officer, the Office of the Chief

Information Officer (CIO), Analysis and Operations (A&O), and the Office of the

Inspector General (OIG); and

•

Title II contains appropriations for Customs and Border Protection (CBP),

Immigration and Customs Enforcement (ICE), the Transportation Security

Administration (TSA), the Coast Guard (USCG), and the Secret Service;5

•

Title III contains appropriations for the National Protection and Programs

Directorate (NPPD), Office of Health Affairs (OHA), Federal Emergency

Management Agency (FEMA);6

4

See, for example, Josh Hicks, “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.

5

The U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) program was appropriated within Title II

through the FY2007 appropriation. The FY2008 appropriation transferred US-VISIT, as proposed by the

Administration, to the newly created National Protection and Programs Directorate (NPPD) in Title III. Division E of

P.L. 110-161, the DHS Appropriations Act, 2008, enacted this reorganization. The FY2013 budget request proposes a

further reorganization, splitting the program between CBP and ICE.

6

Through the FY2007 appropriation, Title III contained appropriations for the Preparedness Directorate, Infrastructure

(continued...)

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Department of Homeland Security: FY2014 Appropriations

•

Title IV contains appropriations for U.S. Citizenship and Immigration Services

(USCIS), the Science and Technology Directorate (S&T), and the Federal Law

Enforcement Training Center (FLETC); and

•

Title V contains general provisions providing various types of congressional

direction to the department.

The structure of the bill is not automatically symmetrical between House and Senate versions.

Additional titles are sometimes added to address special issues. For example, the FY2012 House

full committee markup added a sixth title to carry a $1 billion emergency appropriation for the

Disaster Relief Fund (DRF). The Senate version carried no additional titles beyond those

described above.

Appropriations for the Department of

Homeland Security

Summary of DHS Appropriations

The DHS appropriations bill includes funding for all components and functions of the

department. Table 2 compares the pre-sequester enacted totals for FY2013 with the FY2014

request and congressionally supported levels. 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.

As shown in Table 2, for FY2013, pre-sequester DHS discretionary appropriations were $46.2

billion, with $12.1 billion in supplemental appropriations. 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. Under the terms of P.L. 113-76,

DHS received $46.0 billion in discretionary appropriations. 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.

(...continued)

Protection and Information Security (IPIS), and FEMA. The President’s FY2008 request included a proposal to shift a

number of programs and offices to eliminate the Preparedness Directorate, create the NPPD, and move several

programs to FEMA. These changes were largely agreed to by Congress in the FY2008 appropriation, reflected by Title

III in Division E of P.L. 110-161.

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Department of Homeland Security: FY2014 Appropriations

Table 2. DHS Net Discretionary Appropriations by Title, FY2013-FY2014

(millions of dollars of discretionary budget authority, rounded, including adjustments under the BCA)

FY2013 Enacted

(presequester)

FY2014 Appropriations

HousePassed

H.R.

2217

SenateReported

H.R.

2217

Division F,

P.L. 113-76

Enacted

(P.L. 113-6)

Supplemental

(P.L. 113-2)

Request

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

46,248

12,072

44,654

44,618

44,953

45,123

Title

Total

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 executive budget usually includes proposed rescissions

in the affected component’s budget request. The first FY2013 column reflects the effect 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 sum to totals 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.

Federal Civilian Employee Pay Raise

The Administration proposed a 1% pay increase for all civilian federal employees in its FY2014

budget request. Almost all DHS employees are considered civilians, with the significant

exception of Coast Guard military personnel. On August 30, 2013, the Administration submitted

its pay plan to Congress, which was originally slated to take effect as of January 1, 2014.7

7

Letter from Barack Obama, President of the United States, to the Speaker of the House of Representatives and the

President of the Senate, August 30, 2013, at http://www.whitehouse.gov/the-press-office/2013/08/30/letter-president(continued...)

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Department of Homeland Security: FY2014 Appropriations

While the House did not fund the proposed civilian pay raise, it also did not prohibit it, and noted

that if the Administration chose to pursue it, it should do so within the appropriated funds for

DHS.8 The Senate Appropriations Committee included similar language in its report, noting that it

“assumes the cost of living adjustment for civilian employees across the Department will be

absorbed within amounts appropriated in this act.”9 The Administration issued an executive order

implementing the pay increase effective January 1, 2014 on December 20, 2013.10

DHS Appropriations: Comparing the Components

Unlike some other appropriations bills, breaking down the DHS bill by title does not provide a

great deal of transparency into where DHS’s appropriated resources are going. The various

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 3 and Figure 1 show DHS’s discretionary budget

authority broken down by component, from largest to smallest.11

Table 3 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). 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. For the purposes of

this report, funding provided under these adjustments is not treated as appropriations. 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 2, which includes the

impact of prior-year rescissions.

Table 3. DHS Discretionary Appropriations by Component, FY2014

(millions of dollars, rounded)

Component

FY2014

Request

FY2014

HousePassed

FY2014

SenateReported

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

(...continued)

regarding-alternate-pay-civilian-federal-employees.

8

H.Rept. 113-91, pp. 3-4.

9

S.Rept. 113-77, p. 19.

10

As found at http://www.whitehouse.gov/the-press-office/2013/12/23/executive-order-adjustments-certain-rates-pay.

11

Components are arranged based on the size of their House-passed funding level.

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Department of Homeland Security: FY2014 Appropriations

FY2014

Request

FY2014

HousePassed

FY2014

SenateReported

Div. F,

P.L. 113-76

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

$39,120

$39,450

$39,341

$39,963

Component

Total

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), include rescissions of prior-year funding, or reflect non-appropriated

resources available to DHS components.

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Department of Homeland Security: FY2014 Appropriations

Figure 1. DHS Appropriations by Component, FY2014

(in 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: Amounts may not sum to totals 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.

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Department of Homeland Security: FY2014 Appropriations

DHS Appropriations Compared with 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 proposed to be made

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 3 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. Amounts may not sum to totals due to rounding.

DHS Appropriations Trends: Size

Table 4 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

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Department of Homeland Security: FY2014 Appropriations

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 addresses 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 that 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 postsequester operating plan for the department, which examined only what was provided through the

annual appropriations bill for DHS included in P.L. 113-6, and data provided by HUD’s Hurricane

Sandy Rebuilding Task Force.

Table 4. DHS Appropriations, FY2004-FY2014

(billions of dollars of budget authority)

Constant Dollar Appropriations (2005)

Nominal Appropriations

Regular

Supplemental

Total

GDP

Price

Index

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

4.56

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

40.07

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

0.000

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

11.468

56.439

1.183

38.014

9.694

47.708

FY2014

45.123

—

45.123

1.205

37.446

—

37.446

Sources: 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 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; for FY2013, Senate explanatory statement (accompanying P.L. 113-6), P.L. 113-2, the DHS Fiscal

Year 2013 Post-Sequestration Operating Plan dated April 26, 2013, and financial data from the Hurricane Sandy

Rebuilding Task Force Home Page at

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http://portal.hud.gov/hudportal/HUD?src=/sandyrebuilding/recoveryprogress; and for FY2014, the explanatory

statement accompanying P.L. 113-76.

Notes: Emergency funding, appropriations for overseas contingency operations, and funding for disaster relief

under the Budget Control Act’s allowable adjustment are included based on their 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.

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 appropriations for DHS for FY2011, FY2013, and FY2014 did not occur until

after the beginning of the new calendar year.

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Department of Homeland Security: FY2014 Appropriations

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 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.12

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, the House-passed and

Senate-reported appropriations for the same, and the annual appropriation enacted through

Division F of P.L. 113-76. 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 in budget authority)

FY2013 Enacted

(presequester)

P.L.

113-6

P.L.

113-2

FY2014 Appropriations

Total

Request

Housepassed

H.R.

2217

Senatereported

H.R.

2217

Div. F,

P.L. 11376

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

135

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

12

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.

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Department of Homeland Security: FY2014 Appropriations

FY2013 Enacted

(presequester)

FY2014 Appropriations

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

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: Amounts may not sum to totals due to rounding.

a.

This includes the impact of Sec. 587, a general provision added through a floor amendment that reduced

this line by $10 million.

b.

This line reflects only 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.

$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 disasterrelated activities that are not reflected in these tables.

Departmental Management13

The departmental management accounts cover the general administrative expenses of DHS. They

include the Office of the Secretary and Executive Management (OSEM), which comprises the

Immediate Office of the Secretary and 12 entities that report directly to the Secretary; the Under

Secretary for Management (USM) and its components— the offices of the Chief Readiness

Support Officer (formerly, the Office of the Chief Administrative Officer (OCAO)), Chief Human

Capital Officer (OCHCO), Chief Procurement Officer (OCPO), and Chief Security Officer

(OCSO); the Office of the Chief Financial Officer (OCFO); and the Office of the Chief

Information Officer (OCIO). The Administration has usually requested funding for the

consolidation of DHS headquarters here as well.

13

Prepared by (name redacted), Analyst in American National Government, Government and Finance Division.

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Department of Homeland Security: FY2014 Appropriations

In this section and in each section hereafter, a graphic follows the component or element

description and provides a numeric and graphic representation of the discretionary appropriation

provided to the relevant part of DHS described in the report. This graphic provides a quick

reference to the size of a DHS component’s appropriations relative to those of other DHS

components in DHS as well as a visual comparison of the component’s appropriation under the

FY2014 request, the House-passed and Senate-reported bills for FY2014, and Division F of P.L.

113-76.

FY2014 Request

The Administration requested the following appropriations for these departmental management

accounts: OSEM, $127 million; USM, $203 million; OCFO, $49 million; and OCIO, $327

million.

Office of the Secretary and Executive Management (OSEM)

The Administration requested $127 million for OSEM and 628 full-time employee equivalents

(FTEs). As in the FY2013 budget, the Administration once again proposed separate line items for

three offices—the Office of International Affairs, the Office of State and Local Law Enforcement,

and the Private Sector Office—that are currently funded under the Office of Policy.

Two program changes from the FY2012 baseline were included in the request for the Office for

Civil Rights and Civil Liberties: $135,000 to support the department’s role in countering domestic

violence extremism; and more than a million dollars for oversight support of ICE’s Secure

Communities and 287(g) programs. A program change for the Office of Public Affairs included

$3 million to continue and expand the “If You See Something, Say Something” campaign.14

Under Secretary for Management (USM)

The Administration requested $203 million for the USM and 872 FTEs. Several program changes

from the FY2012 baseline were proposed under this appropriation:

•

The Office of the Chief Readiness Support Officer included a $1.7 million

reduction for the Asset Management Portfolio Review and a $271,000 reduction

for the Nebraska Avenue Complex Facility Design;

•

Human Resources Information Technology included a $4.5 million reduction in

funding for contract support and systems implementation; and

14

U.S. Department of Homeland Security, Departmental Management and Operations, Office of the Secretary and

Executive Management, Congressional Justification, Fiscal Year 2014, pp. OSEM-13 and OSEM-15.

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•

The Office of the Chief Procurement Officer included a $3.8 million reduction

for In-Residence Course Offerings and a $3.4 million reduction for Security

Support Services.15

Office of the Chief Financial Officer (OCFO)

The Administration requested $49 million for the OCFO and 208 FTEs. Program changes from

the FY2012 baseline included a $4 million increase for Financial Systems Modernization and a

$2.7 million reduction in contract support.16

Office of the Chief Information Officer (OCIO)

The Administration requested $327 million for the OCIO and 274 FTEs. Program changes

totaling more than $80 million were requested from the FY2012 baseline. These included

increases of $35 million for Sharing and Safeguarding Classified Information, $6 million for

Identity, Credential, and Access Management, and $54 million for Data Center Migration and

reductions of $1.2 million for Enterprise-Wide Human Capital Planning, $1 million for

Geospatial Information Infrastructure, and $10 million in Information Security and Infrastructure

Activities.17

House-Passed H.R. 2217

H.R. 2217, as passed by the House, would have provided the following appropriations as

compared with the President’s request: OSEM, $100 million ($27 million or 21.2% less); USM,

$135 million ($68 million or 33.5% less); OCFO, $31 million ($18 million or 36.7% less); OCIO,

$211 million ($116 million or 35.5% less). The House Committee on Appropriations justified

some of these reductions on the basis of the need to cover the lack of revenue from unrealized

funding proposals that were intended to offset the cost of the bill and because of the department’s

failure to comply with several statutory requirements that were included in previous

appropriations acts.

Office of the Secretary and Executive Management (OSEM)

Within OSEM, $5 million would be provided for enhancements to the “If You See Something,

Say Something” campaign. The proposed separate line items for the Office of International

Affairs, the Office of State and Local Law Enforcement, and the Private Sector Office would

have been denied under House-passed H.R. 2217. The offices were directed to remain within the

Office of Policy, and a $2 million reduction in the requested aggregate funding for these three

15

U.S. Department of Homeland Security, Departmental Management and Operations, Under Secretary for

Management, Congressional Justification, Fiscal Year 2014, pp. USM-8-9; USM-14; USM-17; and USM-19.

16

U.S. Department of Homeland Security, Departmental Management and Operations, Office of the Chief Financial

Officer, Congressional Justification, Fiscal Year 2014, pp. OCFO-11 – OCFO-13.

17

U.S. Department of Homeland Security, Departmental Management and Operations, Office of the Chief Information

Officer, Congressional Justification, Fiscal Year 2014, pp. OCIO-9, OCIO-12, OCIO-18, and OCIO-21.

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offices would have been realized proportionally through “reductions in duplicative administrative

functions.”18

A floor amendment to H.R. 2217 was adopted by voice vote on June 5, 2013, which used funding

for the OSEM as an offset, thus reducing the amount available for OSEM by $3 million from the

House Appropriations Committee recommendation of $103 million.19

Under Secretary for Management (USM)

The House-reported bill included $171 million for the USM, $32 million below the requested

level. Under the USM appropriation, funding of $30 million would have been provided for the

Chief Administrative Officer, of which $4 million would have been allocated for improvements,

maintenance, and current operations at the Nebraska Avenue Complex.

Four floor amendments, adopted by voice vote on June 5, 2013, used funding for the USM as an

offset, thus reducing the amount available for the USM by $36 million from the House

Appropriations Committee recommended level of $171 million, including

•

H.Amdt. 100, to increase funds for Border Security Fencing, Infrastructure, and

Technology by $10 million;

•

H.Amdt. 102, to increase funds for Firefighter Assistance Grants by $5 million;

•

H.Amdt. 103, to increase funds for the Urban Search and Rescue Response

System by $7,667,000; and

•

H.Amdt. 104, to increase funds for Transportation Security Administration

Surface Transportation Security by $15,676,000.

Office of the Chief Financial Officer (OCFO)

The House-reported bill included $41 million for the USM, $8 million below the requested level.

Under the OCFO account, 50% of the total appropriation would have been withheld from

obligation until the committee received all reports that were, by statute, required to be submitted

with or in conjunction with the FY2015 budget request. The House report expressed concern with

the significant cost of international rotations of DHS personnel through secondment positions in

foreign countries and the expectation that the CFO would review the costs of all such positions.

Funding for any further secondment positions in FY2014 would have been denied.

The House report continued to provide direction to the department on the contents for its budget

justifications for the coming year through this office, including a Future Years Homeland Security

Plan covering FY2015 through FY2019.20

An adopted floor amendment further reduced the amount that would have been available for

OCFO by $10 million from the House Appropriations Committee recommended level of $41

million.21

18

H.Rept. 113-91, p. 9.

H.Amdt. 98, agreed to by a voice vote on June 5, 2013.

20

H.Rept. 113-91, p. 19.

19

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Department of Homeland Security: FY2014 Appropriations

Office of the Chief Information Officer (OCIO)

The House-passed appropriation of $211 million for the Office of the Chief Information Officer

would have been allocated to two sub-appropriations: $99 million for salaries and expenses and

$111 million for development and acquisition of information technology equipment, software,

services, and related activities through September 30, 2015. Data Center Migration would have

been funded through a general provision under Title V of the bill and would have received an

appropriation of $34 million.

Senate-Reported H.R. 2217

H.R. 2217, as reported by the Senate Committee on Appropriations, would have provided the

following appropriations, as compared with the President’s request: OSEM, $124 million ($3

million or 2.3% less); USM, $198 million ($4.5 million or 2.2% less); OCFO, $48 million

($779,000 or 1.6% less); and OCIO, $263 million ($64.2 million or 19.6% less). The total

funding provided by the Senate-reported bill for departmental management in Title I would have

been $633 million. This would have represented a decrease of $72.3 million, or 10.2%, from the

President’s request of $705 million, not including the funding for DHS headquarters

consolidation. See Table 6 for additional detail.

Office of the Secretary and Executive Management (OSEM)

As in the House-passed version of the legislation, the Senate bill would have rejected the

Administration’s proposal to fund certain offices separately from the Office of Policy. However,

the Senate committee report did not include the House’s $2 million reduction to the Office of

Policy.

Under Secretary for Management (USM)

According to the Senate report, proposed reductions in funding for individual offices below the

request, unless otherwise specifically addressed, were “due to a constrained budget environment

and to focus limited resources on the Department’s critical operational missions.”22

In addition to continuing to produce annual comprehensive and quarterly acquisition status

reports, the Senate Appropriations Committee directed DHS to revise the acquisition instruction

manual by requiring the collection and distribution of information on lessons learned with regard

to canceled acquisition programs, consistent with the recommendations made in a May 2013

GAO report.23

(...continued)

21

H.Amdt. 134, agreed to by a recorded vote of 287-136 (Roll no. 207) on June 6, 2013.

22

Ibid., pp. 15-16.

23

U.S. Government Accountability Office, “Combating Nuclear Smuggling: Lessons Learned from Cancelled

Radiation Portal Monitor Program Could Help Future Acquisitions,” GAO-13-256, May, 2013; and S.Rept. 113-77, pp.

16-17.

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Department of Homeland Security: FY2014 Appropriations

Office of the Chief Financial Officer (OCFO)

For the OCFO, the Senate Appropriations Committee-recommended appropriation of $48 million

would have included the requested $4 million increase for Financial Systems Modernization,

which would have allowed the OCFO to provide governance and oversight of some components’

migration to a “financial systems solution.” The Coast Guard was expected to undertake the

migration of its financial management system in FY2014—a move anticipated to support

financial management at the Transportation Security Administration and the Domestic Nuclear

Detection Office.24

Like the House report, the Senate report continued to provide direction to the department on the

contents for its budget justifications for the coming year through this office, including a Future

Years Homeland Security Plan covering FY2015 through FY2019. The Senate report also

continued to carry under the OCFO the minimum parameters for the all expenditure plans for

specific DHS programs required by the appropriations committees.

Office of the Chief Information Officer (OCIO)

For the OCIO, the Senate Appropriations Committee-recommended appropriation of $263 million

would have included $115 million for salaries and expenses and $148 million to be available

through FY2016 for technology investments across the department that are overseen by the

OCIO, including $45 million for development and acquisition of IT equipment, software,

services, and related activities and $54 million to complete data center migration carried in a

general provision at Section 546. The committee report affirmed that the migration “will lead to

operational efficiencies, reduced geographic footprint, data sharing synergies, reduced energy

consumption, and clarity of mission throughout the Department” and noted that “investment in

data center consolidation of the first 10 data centers is already resulting in annual savings of

$17,000,000 and could result in savings of $3,000,000,000 by 2030.”25

The Senate committee report recommended an increase of almost $30 million in the appropriation

for implementing “information sharing and safeguarding measures to protect classified national

security information” to be compliant with the implementation of Executive Order 13587, as

opposed to the request of $35 million.26

Division F of P.L. 113-76

The act provided the following appropriations, as compared with the President’s request: OSEM,

$122 million ($4.2 million or 3.3% less); USM, $196 million ($6.7 million or 3.3% less); OCFO,

$46 million ($2.8 million or 5.7% less); and OCIO, $257 million ($70 million or 21.4% less). The

total funding provided by Division F of P.L. 113-76 for Departmental Management in Title I was

$622 million. This was a decrease of $97 million, or 13.7%, from the President’s request of $705

million, not including the funding for DHS headquarters consolidation at St. Elizabeths. See

Table 6 for additional detail.

24

S.Rept. 113-77, p. 19.

Ibid., p. 22.

26

Ibid.

25

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Department of Homeland Security: FY2014 Appropriations

Office of the Secretary and Executive Management (OSEM)

As in FY2013 and in the House-passed and Senate-reported versions of H.R. 2217, P.L. 113-76

included a $45,000 limit on the use of OSEM appropriations for official reception and

representation expenses, and the explanatory statement directed DHS to continue to submit

quarterly reports on those expenses.

Requirements are included in the OSEM appropriation for expenditure plans for the Offices of

Policy, Intergovernmental Affairs, Civil Rights and Civil Liberties, and Citizenship and

Immigration Services Ombudsman, and the Privacy Officer, although previous provisions

withholding funds until these plans were delivered were not included. The explanatory statement

noted that “no funds from OSEM are withheld from obligation until these plans are submitted so

as to afford the department’s new leadership an opportunity to demonstrate compliance with the

law.”27

Like the House-passed and Senate-reported bills, the act continued to fund the Office of

International Affairs, the Office of State and Local Law Enforcement, and the Private Sector

Office within the appropriation for the Office of Policy and provided additional direction for the

office’s expenditure plan and FY2015 budget justification.

The Office of Public Affairs received an additional $3 million to enhance the “If you See

Something, Say Something” public awareness campaign.

The Deputy Secretary, joined by CBP and ICE, was directed to report within 60 days of

enactment on further efforts to address corruption by DHS employees. DHS was directed to

develop a hiring strategy including background investigations of potential new hires.

Under Secretary for Management (USM)

The law directed the USM to submit a Comprehensive Acquisition Status Report to the House

and Senate Committees on Appropriations at the same time that the President submits his FY2015

budget and quarterly thereafter, not later than 45 days after the completion of each quarter.

As with OSEM, FY2014 funds were not withheld from obligation by the USM to afford the

department’s new leadership an opportunity to demonstrate its compliance with reporting

requirements carried in statute. According to the explanatory statement, reduced appropriations

for offices within the USM account resulted from disproportionally high lapsed balances at the

end of FY2013 and funding needs across DHS.

Office of the Chief Financial Officer (OCFO)

P.L. 113-76 included a directive under the OCFO account that the Secretary of Homeland

Security submit the Future Years Homeland Security Program (FYHSP) to the House and Senate

Committees on Appropriations at the same time as the President’s FY2015 budget is submitted.

27

Division F of “Explanatory Statement Submitted by Mr. Rogers of Kentucky, Chairman of the House Committee on

Appropriations, Regarding the House Amendment to the Senate Amendment on H.R. 3547, the Consolidated

Appropriations Act,” as posted on the Rules Committee website at http://rules.house.gov/bill/113/hr-3547-sa and

downloaded March 27, 2014 (hereafter “Explanatory Statement”), p. 3

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Department of Homeland Security: FY2014 Appropriations

As with other departmental management elements, FY2014 funds were not withheld from

obligation by the OCFO to afford the department’s new leadership an opportunity to demonstrate

its compliance with reporting requirements carried in statute.

The CFO was directed to continue briefings (at least semiannually) on Financial Systems

Modernization for the House and Senate Committees on Appropriations and to submit a detailed

expenditure plan on the modernization within 45 days after enactment. A new general provision at

Section 547 provided almost $30 million for financial systems modernization.

Office of the Chief Information Officer (OCIO)

Within the OCIO account, $115 million was provided for salaries and expenses and $142

million28 was to remain available until September 30, 2015, for the development and acquisition

of information technology equipment, software, services, and related activities for the

department. An appropriation of $21 million funded information sharing and safeguards to protect

classified national security information.

Section 546 of the law provided $42 million for data center migration. The CIO was required to

submit a detailed expenditure plan for the migration within 45 days after enactment.

Under Section 551, the CIO was required to submit a multi-year investment and management

plan for FY2014 through FY2017 to the House and Senate Committees on Appropriations,

concurrent with the submission of the President’s FY2015 budget.

Table 6. DHS Management Account Appropriations, FY2013-FY2014

(budget authority in millions of dollars)

FY2013 Enacted

(presequester)

FY2014 Appropriations

P.L.

113-6

P.L.

113-2

Total

Request

Housepassed

H.R.

2217

$130

$0

$130

$127

$100

$124

$122

Immediate Office of the Secretary

4

0

4

4

3

4

4

Immediate Office of the Deputy

Secretary

2

0

2

2

2

2

2

Office of the Chief of Staff

2

0

2

2

1

2

2

Executive Secretary

8

0

8

8

4

8

7

Office of Policya

44

0

44

38

30

37

37

Office of Public Affairs

5

0

5

9

9

9

9

Office of the Secretary and

Executive Management

Senatereported

H.R.

2217

Div. F,

P.L.

113-76

28

This amount was allocated as follows: Information Technology Services ($34 million), Infrastructure and Security

Activities ($45 million), and Homeland Secure Data Network ($63 million).

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21

Department of Homeland Security: FY2014 Appropriations

FY2013 Enacted

(presequester)

FY2014 Appropriations

P.L.

113-6

P.L.

113-2

Total

Request

Housepassed

H.R.

2217

Senatereported

H.R.

2217

Div. F,

P.L.

113-76

Office of Legislative Affairs

6

0

6

5

5

5

5

Office of Intergovernmental

Affairs

2

0

2

3

2

2

2

Office of General Counsel

21

0

21

21

18

20

20

Office of Civil Rights and Civil

Liberties

22

0

22

22

18

22

22

Citizenship and Immigration

Services Ombudsman

6

0

6

5

5

5

5

Privacy Officer

8

0

8

8

7

8

8

Floor Amendmentb

—

—

—

—

-3

—

—

Under Secretary for

Management c

218

0

218

203

135

198

196

Immediate Office of the Under

Secretary

3

0

3

3

2

3

3

Office of Security

69

0

69

66

56

65

64

Office of the Chief Procurement

Officer

72

0

72

67

56

66

65

Office of the Chief Human

Capital Officer

35

0

35

31

27

30

30

Office of the Chief Administrative

Officer

40

0

40

36

30

35

35

Floor Amendments

—

—

—

—

-36

—

—

Office of the Chief Financial

Officer

51

0

51

49

31

48

46

Office of the Chief

Information Officer

243

0

243

327

211

263

257

DHS Headquarters

Consolidationd

0

0

0

106

0

0

0

Total, Departmental

Management

643

0

643

811

475

633

622

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, and P.L. 113-76 and its

accompanying House explanatory statement.

Notes: Amounts may not sum to totals due to rounding.

a.

This number for the Office of Policy reflects the existing structure of that office. The Administration

proposed in its FY2013 budget request separating the Office of International Affairs, Office of State and

Local Law Enforcement and the Private Sector Office from of the Office of Policy. Congress rejected this

proposal.

b.

A floor amendment in the House reduced this account by $3 million, but its effect across the activities is

not specified.

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Department of Homeland Security: FY2014 Appropriations

c.

Four amendments passed the House that reduced funding for a set of activities account by a total of $36

million, but its impact across the activities is not specified.

d.

This line reflects only 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. P.L. 113-76 included $48 million through those parts of the FY2014 act.

Issues for Congress

The reports of the House and Senate Appropriations committees that accompanied the House and

Senate versions of H.R. 2217, as well as the explanatory statement accompanying Division F of

P.L. 113-76, identified several issues before the department. Among the issues were those on

vacancies in the department’s political leadership positions, the morale of DHS employees,

bonuses and awards for personnel, measures for determining the department’s performance, and

containing departmental travel costs. Brief discussions of each of these issues follow.

Political Leadership Position Vacancies

Stating that the Office of Personnel Management’s 2012 Federal Employee Viewpoint Survey

noted a lack of effective leadership at DHS, the House committee report stated that “Innovation

and proactive thinking are often lacking when a government agency or office is under acting

leadership as career leaders seek to reinforce established business processes without disruption.”

The report expressed concern about leadership vacancies in CBP and OIG, stating that, “No

Senate confirmed CBP Commissioner has been in place since the beginning of 2009,” and “[N]o

Senate confirmed Inspector General has been in place since early 2011.”29 On March 6, 2014, R.

Gil Kerlikowske was confirmed as Commissioner of CBP, and John Roth was confirmed as the

DHS Inspector General.

Employee Morale

Concerns about “findings of low morale and a weak environment for innovation across the

Department” were expressed in the House committee report. Specifically, the report noted that

one independent study placed DHS “among the lowest-rated Federal agencies in both employee

morale and innovative workplaces, with eight offices ranked in the bottom 12 percent and the

Office of the Under Secretary for Science and Technology ranking 292nd out of 292 agencies.”

The department was directed, within 60 days after the act’s enactment, to provide “a corrective

action plan” to address the morale and innovation issues to the “relevant Congressional

Committees of jurisdiction.” The “root causes” of the deficiencies and “metrics of success” that

are “clear and measureable” were to be examined in the plan.30

Bonuses and Awards

The House committee report affirmed that bonuses and monetary awards are “important tools in

recognizing and motivating high achieving agency personnel” and could be a means for

encouraging employees to increase their productivity and employ creative ideas. The House

Appropriations Committee was concerned, however, that more than half the employees (and, in

29

30

H.Rept. 113-91, pp. 14-15.

Ibid., p. 14.

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Department of Homeland Security: FY2014 Appropriations

some case, 90% of employees) in a component or office had received awards, including quality

step increases, and that this practice “may cause these awards to lose their value as a form of

recognition or incentive.” The report stated that DHS did not grant performance awards in

FY2013 because of reductions in funding and directed the department to include award amounts,

estimated by component, and the standards and criteria that would be applied in making

determinations of awards, with the FY2015 budget request.31

Performance of the Department

Noting that the department’s annual performance reports “do not satisfactorily tie resources to

results,” the House committee report stated that Congress “is forced to make resource allocation

decisions without sufficient information about the impact of those decisions.” It also stated that

DHS “must make significant additional progress” in defining its missions, strategies, goals, and

priorities, including development of the next Quadrennial Homeland Security Review (QHSR),

Future Years Homeland Security Programs (FYHSP), and the annual budget requests. Of

particular interest to the committee was performance-based budgeting that “more systematically

and comprehensively tie[s] long-term strategies and goals to performance measures involving

programs, assets, capabilities, policies, and authorities” and “clearly link[s] prioritized goals to

anticipated resources.” The department was directed to include “in future QHSRs, FYHSPs, and

annual budget proposals, clearly defined and prioritized mission goals and associated, multi-year

plans for providing sufficient resources to realize those goals.” In addition, budget justifications

were to include performance measures that “measure outcome (results/impact), output (volume)

and efficiency.” DHS, working with the Government Accountability Office, was directed to

submit “a comprehensive report that provides updated performance metrics that are measurable,

repeatable, and directly linked to requests for funding.”32

The Senate committee report spoke to the issue of metrics as well, noting that DHS undertook an

efficiency review in March 2009, to reduce overhead and administrative costs, streamline

operations, and establish a culture of efficiency. An independent third-party assessment of this

process in November 2012 resulted in recommendations including those on “emphasizing

consistency in efficiency review investments across all components” and “expanding metrics

reporting.”33 The report directed the department to brief the committee on the implementation of

the recommendations within 60 days of enactment.

Departmental Travel Costs

The act continued a provision first included in the FY2010 appropriation for OSEM directing that

all official costs associated with the use of government aircraft by DHS personnel in support of

the Secretary’s and the Deputy Secretary’s official travel be paid from amounts made available

for their immediate offices. The explanatory statement directed the department to provide further

reporting on travel costs to improve transparency, and directed DHS to “significantly reduce the

number of offline travel bookings in FY2014.” The explanatory statement also directed the Office

31

Ibid., pp. 12-13.

Ibid., pp.13-14.

33

S.Rept. 113-77, p. 13.

32

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Department of Homeland Security: FY2014 Appropriations

of the Inspector General to “examine department-wide travel costs and to identify excessive

expenditures and potential savings.”34

DHS Headquarters Consolidation35

The Department of Homeland Security’s headquarters footprint occupied more than 7.5 million

square feet of office space in more than 40 locations in the greater Washington, DC area, as of the

beginning of FY2014. This is largely a legacy of how the department was assembled in a short

period of time from 22 separate federal agencies that were themselves spread across the National

Capital region. The fragmentation of headquarters is cited by the Department as a major

contributor to inefficiencies, including time lost shuttling staff between headquarters elements;

additional security, real estate, and administrative costs; and reduced cohesion among the

components that make up the department.

To unify the department’s headquarters functions, the department and General Services

Administration (GSA) approved a master plan in October 2006 to create a new DHS headquarters

on the grounds of St. Elizabeths in Anacostia. According to GSA, this would be the largest federal

office construction since the Pentagon was built during World War II.

FY2014 Request

The Administration requested $106 million for the activities related to the St. Elizabeths DHS

headquarters project as part of the budget for departmental operations. This included $93 million

for construction and $13 million in costs for campus security.36

House-Passed H.R. 2217

House-passed H.R. 2217 included no funding for construction at St. Elizabeths, and the House

Appropriations Committee did not indicate that the bill included any funding for campus security

costs.

Senate-Reported H.R. 2217

Senate-reported H.R. 2217 included no funding under Title I, but $43 million for costs associated

with headquarters consolidation under the bill’s general provisions, and $13 million in Coast

Guard Operating Expenses for campus security costs.37

34

Explanatory Statement, p 6.

Prepared by (name redacted), Analyst in Emergency Management and Homeland Security Policy, Government

and Finance Division.

36

Not all DHS headquarters functions in the National Capital Region are slated to move to the new facility. The

Administration has sought funding several times in recent years for consolidation of some of those other offices to

fewer locations to save money on lease costs. There was no such request for FY2014, however.

37

S.Rept. 113-77, p. 18.

35

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Department of Homeland Security: FY2014 Appropriations

Division F of P.L. 113-76

Division F of P.L. 113-76 included no funding for the headquarters consolidation project under

Title I, but like the Senate-reported bill, included $35 million for costs associated with

headquarters consolidation under the bill’s general provisions, and $13 million in Coast Guard

Operating Expenses for campus security costs.

Issues for Congress

The initial cost estimate for the St. Elizabeths project was $3.4 billion. Of this project, $1.4

billion was to be funded through the DHS budget and $2 billion through the GSA.38 The latest

cost estimates for the project present a phased approach to construction that would require less

yearly funding, but would take longer to complete and be more expensive as a result. If funding is

provided for one segment each year, DHS and GSA indicate the project will cost $4.5 billion to

complete, with the final segment being finished in FY2026.39 Even so, GSA estimates $532

million in savings over 30 years solely comparing construction costs to lease costs.40

According to DHS, $1,368 million has been invested in the project so far through FY2013—$460

million through DHS and $908 million through GSA.41 Phase 1A of the project—a new Coast

Guard headquarters facility—has been completed as is operational. FY2014 funding was below

the requested level for both DHS and GSA elements of the planned construction on the center

building complex. The spending plan envisioned $93 million from DHS for construction, and

$262 million from GSA—which received only $35 million and $155 million, respectively.

Nevertheless FY2014 funding represented the largest tranche of funding provided for the project

since FY2009.

Congress may wish to consider whether to continue with the consolidation effort at St.

Elizabeths—taking into account the existing Coast Guard presence and investment in

infrastructure on the site, the size of the future investment needed to complete the project, and the

potential savings and benefits—and if the decision is made to continue, whether to proceed more

quickly than the latest baseline projects in order to reduce costs and generate the efficiencies of

consolidation more quickly.42

38

U.S. Congress, House Committee on Appropriations, Subcommittee on Homeland Security, Homeland Security

Headquarters Facilities, 111th Cong., 2nd sess., March 25, 2010 (Washington: GPO, 2010), pp. 335-366.

39

“St. Elizabeths Development Revised Baseline,” document provided by DHS, June 12, 2013.

40

“Prospectus—Construction: Department of Homeland Security Consolidation at St. Elizabeths, Washington, DC,”

PDC-002-WA14, p. 14, accessed on September 3, 2013 at http://www.gsa.gov/portal/mediaId/170067/fileName/

2014_Washington_DC_Department_of_Homeland_Security_Consolidation_at_St_Elizabeths.

41

Email from DHS Legislative Affairs to author, March 12, 2013. Some of GSA’s investment in St. Elizabeths would

have been required without the DHS headquarters to stabilize and maintain the structures on the federally owned site.

42

For a more detailed discussion of this project, including appropriations sought in other legislation, see CRS Report

R42753, DHS Headquarters Consolidation Project: Issues for Congress, by (name redacted).

Congressional Research Service

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Department of Homeland Security: FY2014 Appropriations

Analysis and Operations43

Funds included in the Analysis and Operations account support both the Office of Intelligence

and Analysis (I&A) and the Office of Operations Coordination and Planning (OPS). I&A is

responsible for managing the DHS intelligence enterprise and for collecting, analyzing, and

sharing intelligence information for and among all components of DHS, and with the state, local,

tribal, and private sector homeland security partners. Because I&A is a member of the intelligence

community,44 its budget comes in part from the classified National Intelligence Program.45 OPS

develops and coordinates departmental and interagency operations plans. It also manages the

National Operations Center, the primary 24/7 national-level hub for domestic incident

management, operations coordination, and situational awareness; fusing law enforcement,

national intelligence, emergency response, and private sector information.

FY2014 Request

The FY2014 request for the Analysis and Operations account was $309 million. The account

request included funding for 852 FTEs (874 positions).

House-Passed H.R. 2217

House-passed H.R. 2217 would have included $292 million for the Analysis and Operations

account, $17.6 million (5.7%) below the amount requested.

According to H.Rept. 113-91, the House Committee on Appropriations reduced funding for OPS

because of a need to “offset severe flaws within [DHS’s] budget request and due to an inadequate

justification.” The committee also denied the requested decrease to cybersecurity analysis and

counterintelligence, restoring funding for these functions. Details on this were included in the

classified annex accompanying H.Rept. 113-91.

43

Prepared by (name redacted), Specialist in Organized Crime and Terrorism, Domestic Social Policy Division.

The intelligence community (IC), as defined in 50 U.S.C. 401a(4), includes the Central Intelligence Agency, the

National Security Agency, the National Reconnaissance Office, the National Geospatial-Imagery Agency, the Defense

Intelligence Agency, the Bureau of Intelligence and Research of the State Department, the Office of Intelligence and

Analysis of the Treasury Department, DHS’s I&A as well as intelligence elements within the Federal Bureau of

Investigation, the Drug Enforcement Administration, the Department of Energy, the Army, the Navy, the Air Force, the

Marine Corps, and the Coast Guard.

45

The National Intelligence Program “funds Intelligence Community (IC) activities in six Federal departments, the

Central Intelligence Agency, and the Office of the Director of National Intelligence. The IC provides intelligence

collection, the analysis of that intelligence, and the responsive dissemination of intelligence to those who need it—

including the President, the heads of Executive Departments, military forces, and law enforcement agencies.” See

http://www.gpo.gov/fdsys/pkg/BUDGET-2013-BUD/pdf/BUDGET-2013-BUD-8.pdf.

44

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Department of Homeland Security: FY2014 Appropriations

Senate-Reported H.R. 2217

Senate-reported H.R. 2217 would have included $304 million for the Analysis and Operations

account, $5.5 million (1.8%) below the amount requested.

The Senate committee report required DHS’s Chief Intelligence Officer (the Under Secretary for

I&A) to submit an FY2014 expenditure plan no later than 60 days after the enactment of DHS

appropriations. The committee required the plan to detail areas where the department could

provide unique expertise or serve intelligence customers who are not supported by other

components of the U.S. Intelligence Community, consistent with current statute and executive

orders, and in a way that does not impair intelligence support to the senior DHS leadership. The

committee directed that the plan include the following elements:

•

fiscal year 2014 expenditures and staffing allotted for each program as compared to fiscal

years 2012 and 2013;

•

all funded versus on-board positions, including Federal FTE, contractors, and reimbursable

and nonreimbursable detailees;

•

a plan, including dates or timeframes for achieving key milestones;

•

allocation of funding within each PPA for individual programs;

•

funding, by object classification, including a comparison to fiscal years 2013 and 2012; and

•

the number of I&A-funded employees supporting organizations outside I&A including those

within and outside DHS.

In addition, the committee report directed I&A to continue semi-annual briefings on the State and

Local Fusion Centers program.46

Division F of P.L. 113-76

Division F of P.L. 113-76 (the Homeland Security Appropriations Act, 2014) provided $301

million in funding for Analysis and Operations. This was approximately $9 million more than

House-passed H.R. 2217, $3 million less than Senate-reported H.R. 2217, and $8 million less

than the FY2014 request.

Issues for Congress

In the recent past, some Members of Congress have voiced concerns about I&A’s mission. In

January 2012, Representative Sue Myrick stated that “I&A historically has suffered from a lack

of focus in its mission. This challenge partially stems from vague or overlapping authorities in

some areas.”47 Representative Myrick made these comments in an opening statement for a House

46

S.Rept. 113-77, p. 23.

U.S. Congress, House Permanent Select Committee on Intelligence, Subcommittee on Terrorism, Human

Intelligence, Analysis and Counterintelligence, The Role of DHS in the IC: A Report by the Aspen Institute, 112th

Cong., 2nd sess., January 18, 2012, Opening Statement (as prepared) by Rep. Sue Myrick, p. 1, at

http://intelligence.house.gov/sites/intelligence.house.gov/files/documents/011812MyrickOpeningStatement.pdf.

47

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Department of Homeland Security: FY2014 Appropriations

of Representatives Permanent Select Committee on Intelligence Subcommittee on Terrorism,

Human Intelligence, Analysis, and Counterintelligence hearing about DHS’s role in the

intelligence community.48 The hearing centered on a report about DHS’s intelligence mission

issued by the Aspen Institute.49 While not specifically covering I&A, the report suggested that

intelligence activities at DHS should avoid duplication of efforts—such as general analysis of

terrorist activities—performed by other agencies. Rather, according to the Aspen Institute,

DHS’s mandate should allow for collection, dissemination, and analytic work that is focused

on more specific homeward-focused areas. First, the intelligence mission could be directed

toward areas where DHS has inherent strengths and unique value (e.g., where its personnel

and data are centered) that overlap with its legislative mandate. Second, this mission

direction should emphasize areas that are not served by other agencies, particularly

state/local partners whose needs are not a primary focus for any other federal agency.50

The requirement made in the Senate committee’s report accompanying Senate-Reported H.R.

2217 that DHS submit an FY2014 expenditure plan may help clarify some of the issues inherent

in the above critique.

Office of the Inspector General51

The DHS Office of the Inspector General (OIG) is intended to be an independent, objective body

that conducts audits and investigations of the department’s activities to prevent waste, fraud, and

abuse; keeps Congress informed about problems within the department’s programs and

operations; ensures DHS information technology is secure pursuant to the Federal Information

Security Management Act; and reviews and makes recommendations regarding existing and

proposed legislation and regulations to the department. The OIG reports to Congress and the

Secretary of DHS.52

48

See U.S. Congress, House Permanent Select Committee on Intelligence, Subcommittee on Terrorism, Human

Intelligence, Analysis, and Counterintelligence, The Role of DHS in the IC: A Report by the Aspen Institute, 112th

Cong., 2nd sess., January 18, 2012, at http://intelligence.house.gov/hearing/subcommittee-terrorism-humint-analysisand-counterintelligence-role-dhs-ic-report-aspen.

49

Aspen Institute, Homeland Security and Intelligence: Next Steps in Evolving the Mission, January 18, 2012, at

http://www.aspeninstitute.org/publications/homeland-security-intelligence-next-steps-evolving-mission.

50

Ibid., p. 3.

51

Prepared by (name redacted), Analyst in American National Government, Government and Finance Division,

and (name redacted), Analyst in Emergency Management and Homeland Security Policy, Government and Finance

Division.

52

H.Rept. 112-469, p. 25.

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Department of Homeland Security: FY2014 Appropriations

FY2014 Request

The Administration requested $119 million in appropriations for the OIG, plus a transfer of $24

million from the Disaster Relief Fund (DRF). New funding of $2.5 million was for executing

audits mandated by the Implementing Recommendations of the 9/11 Commission Act of 2007,

which required audits of DHS-administered preparedness grants to States and territories and highrisk urban areas.53

House-Passed H.R. 2217

The House-passed bill included $114 million for the DHS OIG, plus a transfer of $24 million

from the DRF as requested for disaster-related audits and investigations. The House committee

report stated that this represented the funding required to maintain the current level of services,

and noted with concern the lack of a confirmed head of the OIG since early 2011.54

Senate-Reported H.R. 2217

The Senate-reported bill included $117 million for the DHS OIG, plus a transfer of $24 million

from the DRF as requested and included in the House-passed bill. The Senate committee report

also stated that this was the level required to provide the current level of services, including

completion of audits of the State Homeland Security Program and the Urban Area Security

Initiative grant programs by their legislatively mandated deadline. 55

Division F of P.L. 113-76

Division F of P.L. 113-76 included $115 million for the DHS OIG, as well as the requested $24

million transfer from the DRF.

Issues for Congress

OIG Mandates

Both the House bill and report required the OIG to conduct reviews and provide reports,

briefings, or determinations to the Appropriations Committees on a variety of matters. The

53

P.L. 110-53, Section 101 (6 U.S.C. 612).

H.Rept. 113-91, p. 24 and p. 15.

55

S.Rept. 113-77, p. 24.

54

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Department of Homeland Security: FY2014 Appropriations

FY2014 budget request for the OIG noted 18 separate reports that were required by statute and

four that were required by Executive Order. Four of these predate the establishment of the

department.56 New requirements for oversight of DHS participation in conferences and special

events were not included in the Administration’s analysis, due to the timing of its release.

In addition, the House report directed that the OIG

•

Provide a detailed expenditure plan for the OIG with its annual budget

justification starting in FY2015, as well as an expenditure plan specifically for its

work with Immigration and Customs Enforcement and Customs and Border

Protection on integrity investigations of their operations;57

•

Provide a semiannual briefing on fraud and waste at the department;58 and

•

Enhance their “red team” investigations in conjunction with TSA’s Office of

Inspection to ensure TSA screeners are properly trained and equipped to address

the latest evolution of threats and vulnerabilities.59

The Senate report similarly directs that the OIG

•

Provide a detailed expenditure plan for the OIG with its annual budget

justification starting in FY2015, as well as expenditure plans that cover its entire

portfolio, as well as a coordinated plan with ICE and CBP for their integrity

oversight funding;60 and

•

Report with FEMA on improvements in implementing disaster recovery

programs and preventing waste, fraud and abuse.61

Division F of P.L. 113-76 and its accompanying explanatory statement direct the OIG to

•

Examine DHS travel costs and “identify excessive expenditures and potential

savings”;62

•

Review the department’s hiring strategy for CBP and ICE personnel to see if the

background investigations are effective in ensuring the integrity of their

personnel, and provide input to the department on the matter.63

•

Provide the expenditure plan as requested in the House and Senate reports; and

•

Brief the committees quarterly on joint OIG/FEMA work to prevent waste, fraud

and abuse.64

56

“Status of Congressionally Requested Studies, Report, and Evaluations,” Fiscal Year 2014 One-Time Exhibits,

Department of Homeland Security Congressional Justification, OIG-5 through OIG-10.

57

H.Rept. 113-91, p. 24.

58

H.Rept. 113-91, p. 24.

59

H.Rept. 113-91, p. 51.

60

S.Rept. 113-77, p. 24.

61

S.Rept. 113-77, p. 25.

62

Explanatory Statement, p. 4.

63

Ibid., p. 6.

64

Ibid., p. 15.

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Department of Homeland Security: FY2014 Appropriations

Title II: Security, Enforcement, and Investigations

Title II of the DHS appropriations bill, which includes more than 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, an increase of 1.60% from the requested level. The Senatereported bill would have included $30,289 million, 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 7 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 7. 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

Housepassed

H.R.

2217

$8,282

$2

$8,284

$9,237

$8,276

$7,976

$8,146

Senatereported

H.R. 2217

Div. F,

P.L.

113-76

Customs and

Border Protection

Salaries and Expenses

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

10,358

10,833

10,617

10,360

10,580

1,519

2,064

2,064

2,064

1,704

Appropriation

10,356

Fees, Mandatory

Spending, and Trust

Funds

1,519

Congressional Research Service

2

32

Department of Homeland Security: FY2014 Appropriations

FY2013 Enacted

(pre-sequester)

Total Budgetary

Resources

FY2014 Appropriations

P.L.

113-6

P.L.

113-2

Total

Request

Housepassed

H.R.

2217

11,873

2

11,874

12,897

12,680

12,424

12,284

5,387

1

5,388

4,957

5,344

5,014

5,229

Senatereported

H.R. 2217

Div. F,

P.L.

113-76

Immigration and

Customs

Enforcement

Salaries and Expenses

Automation &

Infrastructure

Modernization

33

33

35

35

35

35

Construction

5

5

5

5

5

5

5,427

4,997

5,384

5,054

5,269

312

345

345

345

345

5,738

5,342

5,729

5,399

5,614

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

4,907

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

6,812

6,812

6,755

6,839

6,799

6,785

Appropriation

5,426

Fees, Mandatory

Spending, and Trust

Funds

312

Total Budgetary

Resources

5,738

1

1

Transportation

Security

Administration

Aviation Security (net

funding)

U.S. Coast Guard

Operating Expenses

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33

Department of Homeland Security: FY2014 Appropriations

FY2013 Enacted

(pre-sequester)

P.L.

113-6

Environmental

Compliance &

Restoration

13

Reserve Training

132

Acquisition,

Construction, &

Improvements

1,543

P.L.

113-2

274b

FY2014 Appropriations

Total

Request

Housepassed

H.R.

2217

13

13

13

13

13

132

110

113

122

120

1,818

951

1,223

1,230

1,376

Senatereported

H.R. 2217

Div. F,

P.L.

113-76

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

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

274

10,800

274

11,075

9,858

10,207

10,421

10,549

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

1,861

1,861

1,801

1,841

1,837

1,840

Secret Service

Total Budgetary

Resources

*

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

Congressional Research Service

34

Department of Homeland Security: FY2014 Appropriations

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, and P.L. 113-76 and its

accompanying House explanatory statement.

Notes: Amounts may not sum to totals due to rounding. An * indicates a level of funding below $500,000, which

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.

Customs and Border Protection65

CBP is responsible for security at and between ports of entry (POE) along the border, with a

priority mission of preventing the entry of terrorists and instruments of terrorism. CBP officers

inspect people (immigration enforcement) and goods (customs enforcement) at POEs to

determine if they are authorized to enter the United States. CBP officers and U.S. Border Patrol

(USBP) agents enforce more than 400 laws and regulations at the border to prevent illegal entries.

CBP’s major programs include Border Security Inspections and Trade Facilitation, which

encompasses risk-based targeting and the inspection of travelers and goods at POEs; Border

Security and Control between Ports of Entry, which includes the Border Patrol; Air and Marine

Operations; Automation Modernization, which includes customs and immigration information

technology systems; Border Security Fencing, Infrastructure, and Technology (BSFIT); and

Construction and Facilities Management. The agency also manages a number of immigration and

customs user Fee Accounts. See Table 7 for account-level detail for all of the agencies in Title II,

and Table 8 for subaccount-level detail for CBP appropriations and funding for FY2013-FY2014.

FY2014 Request

The Administration requested an appropriation of $10,833 million in net budget authority for

CBP for FY2014. The Administration’s total request included $2,064 million in fees, mandatory

spending, and trust funds, for a gross budget request of $12,897 million.

This request included the following program changes from the FY2012 baseline:66

65

Prepared by (name redacted), Section Research Manager, Domestic Social Policy Division.

U.S. Department of Homeland Security (DHS), Customs and Border Protection (CBP), Congressional Budget

Justification, FY2014, pp. 3-7. Only program changes of $5 million or greater are described in this report; the Budget

Justification also includes several smaller program changes.

66

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Department of Homeland Security: FY2014 Appropriations

•

Transfer of most of the U.S. Visitor and Immigrant Status Indicator Technology

(US-VISIT) program from the DHS National Protection Programs Directorate

(NPPD) into CBP, with a $253.5 million increase to CBP (also see “Entry-Exit

System”);

•

Increase of $210.1 million to fund approximately 1,600 additional CBP officers,

to include 70 canine teams at Ports of Entry, as well as 245 operational and

mission support personnel (also see “Border Enforcement Personnel”);

•

Increase of $70.5 million to be divided among the Automated Targeting System

(ATS) Operations and Maintenance ($31.1 million), targeting systems ($31.6

million), and CBP’s National Targeting Center (NTC, $7.8 million). These

programs analyze information about goods and travelers passing into and out of

the United States, and check such information against targeting algorithms to

prioritize certain flows for secondary inspections;67

•

Increase of $10.8 million for 1,500 additional mobile devices, handheld license

plate/document readers, and related technology;

•

Increase of $8 million for the acquisition of 60 automated kiosks at airports and

at 8 high-volume pedestrian crossings for participants in CBP’s trusted traveler

programs;68

•

Decrease of $119.2 million as a result of reductions to mission support staffing

($103.7 million) and early retirement incentives ($15.5 million) for a number of

CBP administrative offices;

•

Decrease of $53.9 million from information technology (IT) infrastructure and

systems support;

•

Decrease of $48.4 million as a result of deferring the replacement of certain

vehicles in the CBP fleet;

•

Decrease of $47.9 million as a result of reduced Border Patrol overtime hours;

•

Decrease of $30.9 million as a result of reduced acquisitions of Non-Intrusive

Inspection (NII) equipment;69

•

Decrease of $23.8 million from CBP’s Transportation Program (i.e., for the

transportation of aliens apprehended near the border) due to a reduction of the

transportation workload and through cost savings as a result of a re-competition

of the transportation contract;

67

For a fuller discussion of CBP’s use of the Automated Targeting System with respect to cargo flows, see CRS Report

R43014, U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security, by (name redacted) and

(name redacted).

68

CBP’s trusted traveler programs permit pre-approved, low-risk travelers to be eligible for expedited processing at

ports of entry through dedicated lanes and kiosks. See CBP, “Trusted Traveler Programs,” Fact sheet, at

http://www.cbp.gov/xp/cgov/travel/trusted_traveler/.

69

Non-Intrusive Inspection (NII) equipment includes x-ray and gamma ray imaging systems and related technologies.

NII scanning produces a high-resolution image of container contents that is reviewed by law enforcement officers to

detect hidden cargo and other anomalies that suggest container contents do not match reported manifest data. If an

officer detects an abnormality, containers may be “cracked open” for a physical examination. For a fuller discussion,

see CRS Report R43014, U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security, by

(name redacted) and (name redacted).

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Department of Homeland Security: FY2014 Appropriations

•

Decrease of $18.9 million as a result of efficiencies in CBP’s training and

development programs;

•

Decrease of $16.0 million from the CBP officer Foreign Language Awards

Program;

•

Decrease of $10 million from programs to combat port running (i.e., persons

fleeing enforcement at a port of entry), reducing such programs at low-risk ports;

•

Decrease of $7.9 million as a result of decreased mission support staffing for the

US-VISIT program resulting from the proposed consolidation of the program

within CBP (see “Entry-Exit System”);

•

Decrease of $7 million from background investigations and periodic

reinvestigations of CBP agents and officers;

•

Decrease of $6.4 million as a result of centralizing ammunition procurement and

distribution for firearms training;

•

Decrease of $6.0 million as a result of reduced procurements for the Western

Hemisphere Travel Initiative Land Border Integration program, which is

designed to increase the efficiency of flows at land border ports of entry.

•

Decrease of $5.3 million as a result of reducing the number of Tactical Analysis

Units, which provide intelligence to front-line CBP officers;

•

Decrease of $5 million as a result of extending the validation cycle for CustomsTrade Partnership against Terrorism (C-TPAT) members from three to four

years.70

House-Passed H.R. 2217

The House approved $10,617 million in net budget authority for CBP for FY2014, a decrease of

$216 million (2.0%) from the President’s request. Under the House-passed bill, CBP would have

received $12,680 in gross budget authority, a $216 million (1.7%) decrease from the President’s

request.

These numbers include an amendment to add $10 million to the Border Security Fencing,

Infrastructure, and Technology (BSFIT) account to support emergency communication in rural

areas, with a corresponding reduction to the DHS Office of the Undersecretary of Management.71

The House also passed an amendment to prohibit the use of funds for CBP preclearance

operations at Abu Dhabi International Airport in the United Arab Emirates.72

70

Customs-Trade Partnership against Terrorism (C-TPAT) is a voluntary program that allows certain trade-related

firms to be certified by CBP as having secured the integrity of their supply chains, and thereby to become eligible for

certain expedited processing during the import process. For a fuller discussion see CRS Report R43014, U.S. Customs

and Border Protection: Trade Facilitation, Enforcement, and Security, by (name redacted) and (name redacted).

71

H.Amdt. 100, which passed by voice vote on June 5, 2013.

72

As of May 2013, CBP’s pre-clearance program provides for the inspection and clearance of commercial air

passengers prior to departure from 15 locations in five 5 foreign countries, including Aruba, the Bahamas, Bermuda,

Canada, and Ireland. A preclearance inspection is essentially the same inspection an individual would undergo at a U.S.

port of entry, the difference being that it is conducted outside the United States. Travelers inspected and cleared

overseas do not have to undergo a second CBP inspection upon arrival in the United States. See CBP, Office of Field

(continued...)

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Department of Homeland Security: FY2014 Appropriations

Senate-Reported H.R. 2217

The Senate Appropriations Committee-reported version of H.R. 2217 included $10,360 million in

net budget authority for CBP for FY2014, a decrease of $473 million (4.4%) from the President’s

request. Under the Senate committee-reported bill, CBP would have received $12,424 million in

gross budget authority, a $472 million (3.7%) decrease from the President’s request.

Division F of P.L. 113-76

Division F of P.L. 113-76 (the Homeland Security Appropriations Act, 2014) provided $12,289

million in gross budget authority for CBP. This was approximately $608 million less than the

FY2014 request, $391 million less than House-passed H.R. 2217, and $135 million less than

Senate-reported H.R. 2217.

In the FY2013 appropriations act,73 the “Air and Marine Operations—Salaries” subaccount was

moved from the Salaries and Expenses account to the Air and Marines Operations account.74

Although the Administration’s FY2014 appropriations request did not reflect this change,

the FY2014 act, similar to the House-passed and Senate-reported bills, kept the account under Air

and Marine Operations.

The FY2014 budget justification recommended that the US-VISIT entry-exit program be

transferred from DHS’s National Protection and Program Directorate (NPPD) to CBP and

recommended $254 million in appropriations for the program. The act, similar to the House- and

Senate-passed bills, kept the program in NPPD.

(...continued)

Operations, “Preclearance Operations,” at http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/preclearance/

preclearance_factsheet.ctt/preclearance_factsheet.pdf. In 2013, DHS announced plans to add a new pre-clearance

location in Abu Dhabi, United Arab Emriates.

73

P.L. 113-6.

74

The account was formerly known as Air and Marine Interdictions, Operations, Maintenance, and Procurement.

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Department of Homeland Security: FY2014 Appropriations

Table 8. U.S. Customs and Border Protection Account Detail, FY2013-FY2014

Budget Authority in Millions of Dollars

FY2013 Enacted

(presequester)

P.L.

113-6

P.L. 1132

$2

FY2014 Appropriations

Total

Request

Housepassed

H.R.

2217

Senatereported

H.R.

2217

Div. F,

P.L. 113-76

$8,284

$9,237

$8,276

$7,976

$8,146

Salaries and

Expenses

$8,282

Headquarters

Management and

Administration

1,379

1,379

1,621

1,110

1,204

1,199

Border Security

Inspections and

Trade Facilitation

3,202

3,202

3,320

3,387

3,043

3,216

Border Security

and Control

Between POE

3,701

3,701

3,756

3,779

3,729

3,731

Air and Marine

Operations—

Salariesa

a

287

a

a

a

US-VISITb

b

254

b

b

b

Small Airport User

Feec

—

—

5

5

5

5

Automation

Modernization

719

719

340

700

800

817

BSFIT

324

324

351

361

351

351

Air and Marine

Operations

798

798

428

803

756

805

Facilities

Management

233

233

471

471

471

456

10,358

10,833

10,617

10,360

10,580

1,519

2,064

2,064

2,064

1,703

11,877

12,897

12,680

12,424

12,283

Total Net

Appropriation

10,356

Estimated Fees,

Mandatory

Spending and

Trust Fundsd

1,519

Total CBP

Budget

Authority

11,875

2

2

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, and P.L. 113-76 and its

explanatory statement.

Notes: Amounts may not sum to totals due to rounding. POE = ports of entry; CBP = U.S. Customs and

Border Protection; BSFIT = Border Security Fencing, Infrastructure, and Technology.

a.

P.L. 113-6 moved the Air and Marine Operations—Salaries subaccount from the Salaries and Expenses

account to the Air and Marine Operations account—formerly known as Air and Marine Interdictions,

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Department of Homeland Security: FY2014 Appropriations

Operations, Maintenance, and Procurement—in FY2013. The FY2014 Budget Justification included a request

for Air and Marine Operations—Salaries within the Salaries and Expenses account.

b.

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 have funded the entry-exit program through the OBIM, as in P.L.

113-6. House-passed H.R. 2217 would have included $12.3 million in the Border Security Inspections and

Trade Facilitation sub-account for entry-exit data collection.

c.

In FY2014, these funds are considered permanent indefinite discretionary spending—they count against the

allocation for the bill, and are ready for use without actually being included in the appropriations legislation.

d.

FY2013 data include a decrease of $8 million due to an adjustment to the Small Airport User Fee and an

increase of $6 million in the Customs Unclaimed Goods Trust Fund.

Issues for Congress

For the FY2014 budget cycle, issues for Congress included an ongoing discussion on determining

the proper mix of human resources and technology at and between ports of entry, including

discussions on increasing personnel at the nation’s ports of entry and improving ports of entry

infrastructure through appropriations through reimbursable agreements. There were also

discussions on whether to increase various user fees.

Border Enforcement Personnel

CBP’s front-line enforcement personnel include CBP officers at ports of entry, agriculture

specialists, U.S. Border Patrol agents, air interdiction agents, and marine interdiction agents.

Taken together, these personnel numbers grew from 31,695 in FY2005 to 46,666 in FY2013, an

increase of 14,971 (47%). Border Patrol agents accounted for the greatest share of this growth,

with an increase of 10,106 agents during this period.75

Proportionally among all CBP personnel, the number of CBP officers grew the least during this

period, increasing from 17,881 in FY2005 to 21,775 in FY2013, a 22% increase. The

Administration thus proposes to hire 3,477 additional CBP officers in FY2014, including 1,600

officers through $210 million of additional appropriations, and 1,877 officers through revenues

generated by proposed user fees increases (see “Customs User Fees”). The House Appropriations

Committee report expressed general support for increasing the number of CBP officers, but

recommended just half the requested increase for CBP officers and related expenses (i.e., $105

million) “to allow for a more methodical phase-in of the additional personnel.” The committee

rejected the Administration’s request to designate increased user fees for additional CBP officers

on the grounds that such authority is outside the jurisdiction of the Appropriations Committee.76

The Senate-reported bill would have provided $96 million to add 876 new CBP officers, and

would have partially supported the Administration’s user fee proposal by adding 974 more CBP

officers though the use of such fees.77

75

The number of Border Patrol agents grew from 11,264 in FY2005 to 21,408 in FY2011, before falling back to 21,388

in FY2012 and 21,370 in FY2013.

76

H.Rept. 113-91, pp. 30-31.

77

S.Rept. 113-77, p. 33.

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Department of Homeland Security: FY2014 Appropriations

Division F of P.L. 113-76 included $256 million to increase CBP officers at ports of entry by no

fewer than 2,000 by the end of FY2015 – 1,477 fewer than the Administration’s request, 400

more than what the House recommended and 150 more than what the Senate recommended.

Customs User Fees

CBP collects several different types of user fees, including fees paid by passengers and by cargo

carriers and importers for the provision of customs services. These fees are often referred to as

COBRA fees because they were passed as part of the Consolidated Omnibus Budget

Reconciliation Act of 1986 (COBRA, P.L. 99-272). Under 19 U.S.C. Sections 58c(f)(1)-(3), a

portion of these fees directly reimburses CBP for certain customs functions, including overtime

compensation and certain benefits and premium pay for CBP officers, certain preclearance

services, foreign language proficiency awards, and—to the extent funds remain available—

certain officer salaries. Another portion of COBRA fees—merchandise processing fees—is

deposited in CBP’s Customs User Fee Account to pay for additional customs revenue functions

but is only available to the extent provided for in appropriations acts.

The collection and disposition of certain COBRA user fees have been subjects of some

controversy in recent appropriations cycles. In FY2012 and FY2013, CBP’s Budget Justification

proposed to use revenue from elimination of a fee exemption enacted through the United StatesColombia Trade Promotion Agreement Implementation Act of 2011 (P.L. 112-42) to fund CBP

officer salaries and expenses. The use of these additional revenues was not approved by

Congress, requiring additional appropriated funding.78

In its FY2014 request, CBP did not propose to use the revenues generated by P.L. 112-42 for

officer salaries and expenses. Instead, the FY2014 proposal included new fee increases: a $2.00

increase to the Immigration User Fee (IUF) and COBRA air and sea passenger user fees, and

proportional increases in other COBRA fee categories.79 The Administration proposed to use

increased fee revenues to pay for CBP officer salaries and expenses, and proposed to tie these

user fees to the Consumer Price Index in the future. House-passed H.R. 2217 did not include

language to increase these user fees, and H.Rept. 113-91 indicates that the committee did not

have jurisdiction to allocate fee increases for officer salaries and expenses. The Senate-reported

version of H.R. 2217 included language to increase the IUF and COBRA fees. The committee

noted in its report that the services that are performed for which the fees are charged exceeds

what CBP collects. S.Rept. 133-77 further noted that “this gap in cost recovery has a significant

impact since one-third of the OFO’s [Office of Field Operation’s] budget is dependent on user

fees.”80

Senate-reported H.R. 2217 would have made the COBRA fee revenue generated by the

elimination of the fee exemption in P.L. 112-42 available to CBP.81 A provision providing CBP

access to the approximately $110 million in COBRA fee revenue generated pursuant to P.L. 11242 was included as Section 568 of the Homeland Security Appropriations Act, 2014.

78

See CRS Report R42644, Department of Homeland Security: FY2013 Appropriations, coordinated by (name redac

ted).

79

U.S. Department of Homeland Security (DHS), Customs and Border Protection (CBP), Congressional Budget

Justification, FY2014, pp. 15-17.

80

S.Rept. 113-77, p. 33.

81

S.Rept. 113-77, p. 147.

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Department of Homeland Security: FY2014 Appropriations

The CBP Budget Justification also proposed to conduct a study assessing the feasibility of

establishing and collecting a land border crossing fee from pedestrians and vehicles entering the

United States through land POEs; but Section 561 of House-passed H.R. 2217—an amendment

adopted during full committee markup of the bill—would have prohibited the collection of such a

fee, along with the use of DHS funds for any study relating to such a fee. Section 567 of the

Senate committee-reported version of H.R. 2217 also would have prohibited the collection or

study of a land border crossing fee. The Senate-reported provision is mirrored in Section 566 of

the Homeland Security Appropriations Act, 2014.

Public-Private Partnerships at POEs

The FY2013 DHS appropriations act (Division D of P.L. 113-6) established a pilot program to

permit CBP to enter into up to five public-private partnerships (PPPs) to support customs and

immigration services at certain ports of entry. In general, PPPs may provide low-cost alternatives

to increase POE personnel and/or to add or improve POE infrastructure. Yet CBP has limited

authority to receive reimbursement for POE services (i.e., to establish a user-fee-funded POE) or

to collect extra fees as compensation for providing services outside normal business hours.82

These restrictions limit CBP’s ability to enter into PPPs.

The Administration’s FY2014 Budget Justification also included language to permit CBP to enter

into up to five PPPs, and the FY2014 justification further proposed to expand CBP’s partnership

authority by permitting DHS to accept donations of real and personal property (including

monetary donations) from private parties and state and local government entities for the purpose

of constructing or expanding POE facilities. The House bill did not include the Administration’s

proposed language with respect to such partnerships and donation authority, however; and the

House report indicated that the committee would not allow additional port of entry partnerships

until DHS briefed the committee on the results of the initial pilot program.83 The Senate

Appropriations Committee report supported the Administration’s PPP language,84 and Section

566 of the Senate committee-reported version of H.R. 2217 included a modified version of the

Administration’s proposal to permit CBP to accept property donations to facilitate port

construction.

Division F of P.L. 113-76 included a provision that establishes a pilot program that enables CBP

to receive reimbursement from outside sources for the costs of certain CBP services. The

provision also allows CBP to accept donations. The provision, however, does not permit CBP to

enter into reimbursable service agreements outside the United States and allows CBP only to

enter into such agreements with no more than five air ports of entry for overtime costs only.85

82

19 U.S.C. §58b restricts CBP’s authority to receive reimbursement to cases in which the volume or value of business

cleared through the port is too low to justify the availability of customs services and in which the governor of the state

where the port is located approves the arrangement; and 19 U.S.C. §1451 restricts CBP’s ability to collect extra fees as

compensation for providing services outside normal business hours.

83

H.Rept. 113-91, p. 31.

84

S.Rept. 113-77, p. 48.

85

Division F, P.L. 113-76, Sec. 562.

Congressional Research Service

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Department of Homeland Security: FY2014 Appropriations

Immigration and Customs Enforcement86

Immigration and Customs Enforcement (ICE) focuses on enforcement of immigration and

customs laws within the United States. ICE develops intelligence to reduce illegal entry into the

United States and is responsible for investigating and enforcing violations of the immigration

laws (e.g., alien smuggling, hiring unauthorized alien workers). ICE is also responsible for

locating and removing aliens who have overstayed their visas, entered illegally, or have become

deportable. In addition, ICE develops intelligence to combat terrorist financing and money

laundering, and to enforce export laws against smuggling, fraud, forced labor, trade agreement

noncompliance, and vehicle and cargo theft.

For ICE sub-account level detail, including appropriations and funding for FY2013 and FY2014,

see Table 9.

FY2014 Request

For FY2014, the Administration requested $4,997 million in net budget authority, and $5,342

million in gross budget authority for ICE. The budget request included the following changes

from the FY2012 baseline:

•

Increase of $10 million for the Office of Principal Legal Advisor (OPLA);

•

Increase of $6 million for commercial trade investigations;

•

Increase of $9 million for human trafficking investigations;

•

Reduction of $44 million in the 287(g) program;87

•

Reduction of $120 million in detention bed funding (a decrease of 2,200 beds);

and

•

Reduction of $10 million in ICE’s international operations.

The President’s request also included an additional reduction of $482 million to reduce

“inefficiencies.” The largest part of the reduction ($205 million) would have come from reduced

staffing for mission support and frontline positions achieved through attrition.

86

Prepared by (name redacted), Specialist in Immigration Policy, Domestic Social Policy Division.

Under the 287(g) program, state and local law enforcement agencies may enter into agreements with ICE to allow

state and local law enforcement officials to receive ICE training and to perform certain immigration enforcement

activities under ICE supervision. For more on this program, see CRS Report R42057, Interior Immigration

Enforcement: Programs Targeting Criminal Aliens, by (name redacted) and (name redacted); and CRS Report

R41423, Authority of State and Local Police to Enforce Federal Immigration Law, by (name redacted) and (name

redacted).

87

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House-Passed H.R. 2217

House-passed H.R. 2217 would have provided $5,384 million in net budget authority for

FY2014, an increase of $388 million (7.8%) over the Administration’s request. House-passed

H.R. 2217 would have provided ICE with total budget authority of $5,729 million, representing

an increase of $388 million (7.3%) over the Administration’s request.

Senate-Reported H.R. 2217

Senate-reported H.R. 2217 would have provided $5,054 million in net budget authority for

FY2014, an increase of $58 million (1.1%) over the Administration’s request. Senate-reported

H.R. 2217 would have provided ICE with total budget authority of $5,399 million, representing

an increase of $58 million (1.1%) over the Administration’s request.

Division F of P.L. 113-76

Division F of P.L. 113-76 provided $5,269 million in net budget authority for FY2014, an

increase of $272 million (5%) over the Administration’s request. The act provided ICE with total

budget authority of $5,614 million, representing an increase of $282 million (5%) over the

Administration’s request.

Table 9. Immigration and Customs Enforcement (ICE) Sub-Account Detail,

FY2013-FY2014

(budget authority in millions of dollars)

FY2013 Enacted

(presequester)

Salaries and

Expenses

FY2014 Appropriations

P.L.

113-6

P.L.

113-2

Total

Request

Housepassed

H.R.

2217

Senatereported

H.R.

2217

Div. F,

P.L. 113-76

$5,387

$1a

$5,388a

$4,957

$5,344

$5,014

$5,229

HQ Management &

Administration

380

334

361

331

336

Legal Proceedings

207

205

206

203

206

Investigations

1,834

1,733

1,842

1,735

1,804

Investigations—

Domestic

1,685

1,600

1,710

1,604

1,672

Investigations—

International

115

101

100

100

100

Visa Security

Program

35

32

32

32

32

78

75

75

75

74

2,750

2,591

2,836

2,650

2,785

Intelligence

Detention and

Removal Operations

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FY2013 Enacted

(presequester)

FY2014 Appropriations

Request

Housepassed

H.R.

2217

Senatereported

H.R.

2217

Div. F,

P.L. 113-76

2,022

1,845

2,038

1,879

1,994

Fugitive Operations

145

126

135

125

129

Criminal Alien

Program

216

292b

289

294

294

Alternatives to

Detention

96

72

96

96

91

Transportation and

Removal Program

270

256

277

256

277

Comprehensive

Identification and

Removal of Criminal

Aliens (Secure

Communities)

138

20b

25

20

25

Automation and

Infrastructure

Modernization

33

33

35

35

35

35

Construction

5

5

5

5

5

5

5,427

4,997

5,384

5,054

5,269

312

312

345

345

345

345

5,738

5,739

5,342

5,729

5,399

5,614

P.L.

113-6

Custody

Operations

ICE Appropriations

5,426

Fee Accounts

ICE Gross Budget

Authority

P.L.

113-2

1

Total

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 and P.L. 113-76 and its

explanatory statement.

Notes: Amounts may not sum to totals due to rounding. ICE = U.S. Immigration and Customs Enforcement.

a.

Due to P.L. 113-2 providing its funding at the account level only, CRS cannot provide a final presequester

total for subaccounts.

b.

Due to the completion of the deployment of Secure Communities, the day-to-day management of Secure

Communities, and corresponding funds and personnel, are transferred to the Criminal Alien Program

(CAP).

Issues for Congress

ICE is responsible for many divergent activities due to the breadth of the civil and criminal

violations of law that fall under its jurisdiction. As a result, how ICE resources can be allocated so

as best to achieve its mission is a continuously debated issue. The FY2014 appropriations process

involved discussions about ICE’s role in detaining and removing (deporting) aliens and on the

role of state and local law enforcement agencies in immigration enforcement.

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Enforcement and Removal Operations

Part of ICE’s mission includes locating and removing deportable aliens, which involves

determining the appropriate amount of detention space as well as which aliens should be

detained. In 2012, an estimated 11.7 million unauthorized aliens were in the United States.88 In

addition, ICE reported in February 2012, that an estimated 1.9 million aliens (authorized and

unauthorized) in the United States had been convicted of a crime.89 According to ICE, it has the

capacity to remove 400,000 aliens a year,90 and accordingly, DHS has developed a system to

prioritize certain aliens for removal. In 2011 and 2012, ICE published a number of agency

guidance memoranda concerning the agency’s enforcement priorities and prosecutorial discretion.

In March 2011, John Morton, Director of Immigration and Customs Enforcement, published

agency guidelines that define a three-tiered priority scheme that applies to all ICE programs and

enforcement activities related to civil immigration enforcement. Under these guidelines, ICE’s

top three civil immigration enforcement priorities are to (1) apprehend and remove aliens who

pose a danger to national security or a risk to public safety, (2) apprehend and remove recent

illegal entrants, and (3) apprehend aliens who are fugitives or otherwise obstruct immigration

controls.91 Morton published two memoranda in June 2011 to provide further guidance to ICE

officers, agents, and attorneys to target criminal aliens for enforcement, and to consider

prosecutorial discretion for certain crime victims.92 On August 18, 2011, DHS announced that it

would review all removal cases that were awaiting hearings in the immigration courts to identify

cases that might be amenable to prosecutorial discretion.93 In December 2012, Morton issued a

memorandum providing guidance on the use of detainers94—writs authorizing prison officials to

continue holding prisoners in custody.95

DHS also announced, in June 2012, that the department would exercise prosecutorial discretion

by deferring enforcement action in the case of certain individuals who were brought to the United

88

Jeffrey S. Passel, D'Vera Cohn, and Ana Gonzalez-Barrera, Population Decline of Unauthorized Immigrants Stalls,

May Have Reversed, Pew Research Center’s Hispanic Trends Project, Washington, DC, September 23, 2013,

http://www.pewhispanic.org/files/2013/09/Unauthorized-Sept-2013-FINAL.pdf.

89

U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement Salaries and Expenses

Congressional Budget Justifications FY2013, p. 61.

90

John Morton, Memorandum on Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and

Removal of Aliens, U.S. Immigration and Customs Enforcement, Washington, DC, March 2, 2011.

91

John Morton, Memorandum on Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and

Removal of Aliens, U.S. Immigration and Customs Enforcement, Washington, DC, March 2, 2011.

92

John Morton, Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of

the Agency for the Apprehension, Detention, and Removal of Aliens, U.S. Department of Homeland Security

Immigration and Customs Enforcement, Washington, DC, June 17, 2011, at http://www.ice.gov/doclib/securecommunities/pdf/prosecutorial-discretion-memo.pdf; and John Morton, Prosecutorial Discretion: Certain Victims,

Witnesses, and Plaintiffs, U.S. Department of Homeland Security Immigration and Customs Enforcement, Washington,

DC, June 17, 2011, at http://www.ice.gov/doclib/secure-communities/pdf/domestic-violence.pdf. For a more detailed

discussion of these memoranda, see CRS Report R42057, Interior Immigration Enforcement: Programs Targeting

Criminal Aliens, by (name redacted) and (name redacted).

93

Letter from Janet Napolitano, Secretary of Homeland Security, to Richard Durbin, Senator, August 18, 2011.

94

John Morton, Memorandum on Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal,

State, Local, and Tribal Criminal Justice Systems, U.S. Immigration and Customs Enforcement, Washington, DC,

December 21, 2012, at https://www.ice.gov/doclib/detention-reform/pdf/detainer-policy.pdf.

95

Clack’s Law Dictionary (9th edition, 2009).

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States as children and who meet certain other criteria (known as the DACA program).96 As a

result, there has been ongoing debate about how ICE should prioritize the removal of removable

aliens.97

House-passed H.R. 2217 would have prohibited the use of any of the funds provided under the act

to finalize, implement, administer or enforce these agency memoranda and policy guidance

concerning enforcement priorities, including the DACA memorandum. This prohibition was

added by H.Amdt. 136, which passed the House by a recorded vote of 224-201 on June 6, 2013.98

In addition, House-passed H.R. 2217 would have required that $1,600 million of the appropriated

funds shall be available to identify aliens convicted of a crime who may be removable from the

United States and to remove such aliens once ordered removed. House-passed H.R. 2217 would

also have required the Secretary of DHS to prioritize the identification and removal of aliens

convicted of a crime by the severity of the crime. The Senate-reported bill contained a provision

requiring the Secretary of DHS to “ensure enforcement of immigration laws.” Division F of P.L.

113-76 contained the same provisions as House-passed H.R. 2217 regarding criminal aliens, and

the Senate bill regarding the enforcement of immigration laws.

ICE’s Office of Enforcement and Removal Operations (ERO) provides custody management of

the aliens who are in removal proceedings or who have been ordered removed from the United

States.99 ERO also is responsible for ensuring that aliens ordered removed actually depart from

the United States. Some contend that ERO does not have enough detention space to house all

those who should be detained. Concerns have been raised that decisions regarding which aliens to

release and when to release them may be based on the amount of detention space, not on the

merits of individual cases, and that detention conditions may vary by area of the country, leading

to inequities. Some policy makers have advocated for the increased use of alternatives to

detention (ATD) programs for noncriminal alien detainees, citing these programs as a lower-cost

option than detention and a more proportional treatment relative to the violation.100

The number of detention beds maintained by ICE has been an issue. ICE maintained 34,000

detention bed spaces in FY2013. In the beginning of calendar year 2013, ICE released 2,228

detainees, maintaining that the release was necessary due to the fact that ICE was operating under

a continuing resolution (CR) and the upcoming budgetary reductions required by sequestration.

At a hearing on the issue, ICE Director John Morton stated that although the CR had funded

34,000 beds,101 ICE’s average daily detention population exceeded 35,000 individuals, including

96

For more on the DACA program, see CRS Report R42958, Unauthorized Aliens: Policy Options for Providing

Targeted Immigration Relief, by (name redacted).

97

For more on the debate surrounding prosecutorial discretion in immigration enforcement, see U.S. Congress, House

Committee on Homeland Security, Subcommittee on Border and Maritime Security, Does Administrative Amnesty

Harm our Efforts to Gain and Maintain Operational Control of the Border?, 112th Cong., 2nd sess., October 4, 2011.

98

Section 588, H.R. 2217(rfs2).

99

For more information on detention issues, see CRS Report RL32369, Immigration-Related Detention, by (name r

edacted). Under the INA aliens can be removed for reasons of health, criminal status, economic well-being, national

security risks, and others that are specifically defined in the act. In 2010, ICE changed the name of DRO to

Enforcement and Removal Operations (ERO). The House and Senate Appropriations Committees have not adopted the

name change in their reports.

100

U.S. Congress, House Committee on Homeland Security, Subcommittee on Border, Maritime, and Global

Counterterrorism, Moving Toward More Effective Immigration Detention Management, 111th Cong., 1st sess.,

December 10, 2009 (Washington: GPO, 2009).

101

U.S. Congress, House Judiciary Committee, The Release of Criminal Detainees by U.S. Immigration and Customs

(continued...)

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many who were not required to be detained under law.102 However, critics responded that the

release was purely political and a way to pressure Congress to make a deal with the President to

avert the sequestration reductions.103 The President’s FY2014 budget requested a reduction in bed

space to 31,800 beds. House-passed H.R. 2217 would have maintained 34,000 detention beds for

FY2014. H.R. 2217, as reported by the Senate Appropriations Committee, would have funded a

minimum of 31,800 beds.104 However, Senate-reported H.R. 2217 would have increased ICE

detention bed space funding by $41 million above the President’s request, because it contended

that the requested amount was insufficient to support the requested bed space.105 Division F of

P.L. 113-76 specified that ICE shall maintain 34,000 beds through the end of FY2014.

Due to the cost of detaining aliens, and the fact that many non-detained aliens with final orders of

removal do not leave the country, there has been interest in developing alternatives to detention

for certain types of aliens who do not require a secure detention setting. ICE’s Alternatives to

Detention (ATD) provides less restrictive alternatives to detention, using such tools as electronic

monitoring devices (e.g., ankle bracelets), home visits, work visits, and reporting by telephone, to

monitor aliens who are out on bond while awaiting hearings during removal proceedings or the

appeals process.91 The Administration requested $72 million for the ATD program. Both Housepassed and Senate-reported H.R. 2217 would have provided $96 million for ATD programs, $24

million above the President’s request.106 In addition, the Senate report stated that ICE has failed to

effectively maximize the use of the ATD program for custody management.107 Division F of P.L.

113-76 provided $91 million for ATD, directing ICE to brief the appropriations committees on the

results of its electronic monitoring pilot, and directing GAO to provide a report evaluating ICE’s

implementation of the ATD program.108

Immigration Enforcement in State and Local Jails

Division F of P.L. 113-76 appropriated $25 million for Secure Communities, an information

sharing program between DHS and the Department of Justice to check the fingerprints of

arrestees against DHS immigration records. In FY2013, ICE completed the nationwide

(...continued)

Enforcement: Policy or Politics? 113th Cong., 1st sess., March 19, 2013.

102

Under statute certain aliens are subject to mandatory detention during their removal process (e.g., criminal aliens,

certain arriving aliens). Aliens not subject to mandatory detention may be released on bond or their own recognizance,

or may continue to be detained. For more information on mandatory detention, see CRS Report RL32369,

Immigration-Related Detention, by (name redacted).

103

Questioning of ICE Director John Morton by Representative Trey Gowdy, U.S. Congress, House Judiciary

Committee, The Release of Criminal Detainees by U.S. Immigration and Customs Enforcement: Policy or Politics?

113th Cong., 1st sess., March 19, 2013.

104

Senate-reported H.R. 2217 would also have permitted the Secretary to propose reprograming funds to ensure the

detention of aliens prioritized for removal.

105

Both H.R. 2217, as passed by the House and reported by the Senate, would have given ICE the authority to sell any

ICE-owned detention facilities if the facilities no longer met the mission need.

106

Senate-reported H.R. 2217 also stated that ICE failed to effectively maximize the use of the ATD program.

107

S.Rept. 113-77, p. 54.

108

Explanatory Statement, p. 26.

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Department of Homeland Security: FY2014 Appropriations

deployment of Secure Communities, and thus the President’s request included a transfer of

resources from Secure Communities to the Criminal Alien Program (CAP).109

The enforcement of immigration laws by state and local law enforcement agents through

agreements pursuant to Section 287(g) of the INA (the Section 287(g) program)110 and through

screening for immigration violations in state and local jails through the Section 287(g) program

and Secure Communities has sparked debate about the proper role of state and local law

enforcement officials in this area.111 Many have expressed concern over proper training, finite

resources at the local level, possible civil rights violations, and the overall impact on

communities. Nonetheless, some observers contend that the federal government has scarce

resources to enforce immigration law and that state and local law enforcement entities should be

used.

The Administration requested a reduction of $44 million for 287(g) agreements from the FY2012

level of roughly $68 million.112 The Administration contends that the Secure Communities

screening process is more efficient and cost effective than 287(g) agreements in identifying and

removing criminal and other priority aliens. ICE plans to discontinue the least productive 287(g)

task force agreements.113 H.Rept. 113-91 indicated that House-passed H.R. 2217 would have

maintained FY2013 funding for the 287(g) program.114 S.Rept. 113-77 recommended $24 million

for 287(g) agreements. The explanatory statement for Division F of P.L. 113-76 stated that the

appropriated amount “fully funds the current 287(g) program,” and that ICE should consider

whether the program can be expanded or improved to more effectively and efficiently enforce

immigration laws.

Transportation Security Administration115

The Transportation Security Administration (TSA), created in 2001 by the Aviation and

Transportation Security Act (ATSA, P.L. 107-71), is charged with protecting air, land, and rail

transportation systems within the United States to ensure the freedom of movement for people

and goods. In 2002, TSA was transferred from the Department of Transportation to DHS with the

passage of the Homeland Security Act (P.L. 107-296). TSA’s responsibilities include protecting

the aviation system against terrorist threats, sabotage, and other acts of violence through the

deployment of passenger and baggage screeners; detection systems for explosives, weapons, and

109

DHS, U.S. Immigration and Customs Enforcement Salaries and Expenses Congressional Budget Justifications

FY2014, p. 4.

110

Some 287(g) programs ("jail screening” programs) allow local law enforcement officials to conduct migration

screening as persons are being booked into prisons or jails. Other 287(g) programs ("task force” programs) allow them

to conduct migration screening during the course of their regular police work outside the booking process.

111

For a fuller discussion of Secure Communities and the Section 287(g) program see CRS Report R42057, Interior

Immigration Enforcement: Programs Targeting Criminal Aliens, by (name redacted) and (name redacted); and

CRS Report R41423, Authority of State and Local Police to Enforce Federal Immigration Law, by (name redacte

d) and (name redacted).

112

DHS, U.S. Immigration and Customs Enforcement Salaries and Expenses Congressional Budget Justifications

FY2014, p. 82.

113

DHS, U.S. Immigration and Customs Enforcement Salaries and Expenses Congressional Budget Justifications

FY2014, p. 4.

114

H.Rept. 113-91, p. 40.

115

Prepared by (name redacted), Specialist in Aviation

Policy, Resources, Science, and Industry Division.

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Department of Homeland Security: FY2014 Appropriations

other contraband; and other security technologies. TSA also has certain responsibilities for marine

and land modes of transportation, including assessing the risk of terrorist attacks to all nonaviation transportation assets, including seaports; issuing regulations to improve security; and

enforcing these regulations to ensure the protection of these transportation systems. TSA is

further charged with serving as the primary liaison for transportation security to the law

enforcement and intelligence communities.

The TSA budget is one of the most complex components of the DHS appropriations bill. The

graphic above reflects net discretionary appropriations for the TSA, but that represents only a

portion of the budgetary resources it has available. Airline security fee collections offset a portion

of aviation security costs, including $250 million dedicated to capital investments in screening

technology integration. Other fees offset the costs of transportation threat assessment and

credentialing. Since these amounts are not set through traditional appropriations provisions, they

are not reflected in the above graphic. Table 10 presents a breakdown of the total additional

budgetary resources from all non-appropriated sources requested for TSA in the President’s

budget. The amounts shown in this table 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.

Table 10. TSA, Requested Budgetary Resources, FY2014

(budget authority, in millions of dollars)

Funding Source

Amount

Total Offsetting Fees

$2,562

Aviation Security Capital Funda

250

Aviation Passenger Security Feeb

1,704

Aviation Passenger Security Fee (Revenue from proposed increase)b

122

Aviation Security Infrastructure Feesb

420

Aviation Flight Student Program Fee (Mandatory)

5

Credentialing Fees (including Alien Flight Student Program)

61

Appropriations

Total Budgetary Resources

4,836

$7,398

Source: U.S. Department of Homeland Security, Transportation Security Administration, Budget Overview, Fiscal

Year 2014 Congressional Justification.

Notes:

a.

The Aviation Security Capital Fund derives revenue from the first $250 million collected from airline

passenger security fees each fiscal year. This amount is shown separately from the additional aviation

passenger security fee collections in this table.

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b.

Counted as part of Offsetting Collections under TSA in the comparative statement of budget authority in

the back of the Appropriations Committee reports on the DHS appropriations bill.

FY2014 Request

The FY2014 request specified a gross total of $7,398 million for TSA. The budget assumed

$2,562 million in offsets, including an additional $122 million estimated from a proposal to

modify the airline passenger security fee structure, and direct appropriations of $4,836 million.

The Congressional Budget Office differed with the Office of Management and Budget on its

estimate of the fees to be collected under the Administration’s proposal, calculating that $2,541

million in offsets would be available, requiring $4,857 million in appropriations to fund TSA’s

proposed activities. Of the gross amount, $4,968 million was specified for Aviation Security, $827

million for the Federal Air Marshal Service, and $250 million in mandatory appropriations for the

Aviation Security Capital Fund (ASCF), which provides security funding to airports primarily for

integrating baggage screening systems. Additionally, $106 million was specified for Secure

Flight, the system for checking airline passenger names against terrorist watchlists. Together,

these aviation security-related activities made up roughly 83% of the budget request for TSA.

Additionally, the budget requested $165 million for other Transportation Threat Assessment and

Credentialing activities besides Secure Flight, $109 million for Surface Transportation Security,

and $998 million for Transportation Security Support, including $285 million for Headquarters

Administration.

House-Passed H.R. 2217

House-passed H.R. 2217 specified $7,217 million for TSA, $181 million below the request. The

House committee report specified $10 million more than requested for the Screening Partnership

Program to expand private screening to at least one additional airport seeking this option. A floor

amendment further increased Screening Partnership Program funding by $32 million, using

funding taken from aviation security programs unrelated to screening.116 The House-passed bill as

amended would have maintained funding for the Federal Flight Deck Officers (FFDO) program

at historic levels of roughly $25 million.117 The report specified $61 million less than requested

for Screener Personnel Compensation and Benefits and $36 million less than requested for

Airport Management, Information Technology, and Support. Additionally, the bill specified $96

million less than requested for Transportation Security Support, including $19 million less than

requested for Headquarters Administration and $65 million less than requested for Information

Technology, as outlined in the House committee report.

Senate-Reported H.R. 2217

Senate-reported H.R. 2217 specified $7,344 million for TSA, $54 million less than requested but

$130 million more than the House-passed amount. Like the House, the Senate recommended

roughly $25 million in funding for the FFDO program. The Senate report specified $51 million

less than requested for Screener Personnel Compensation and Benefits and $19 million less than

requested for Transportation Security Support, including $9 million less than requested for

116

H.Amdt. 111, offered to H.R. 2217 on June 5, 2013, and agreed to by voice vote.

H.Amdt. 110, offered to H.R. 2217 on June 5, 2013, and agreed to by voice vote, redirected an additional $12.5

million in Aviation Secutrity funding to the program.

117

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Department of Homeland Security: FY2014 Appropriations

Headquarters Administration, $5 million less than requested for Information Technology, and $5

million less than requested for Human Capital Services.

Division F of P.L. 113-76

P.L. 113-76 specified roughly $4,983 million for aviation security, $109 million for surface

transportation security, $176 million for transportation threat assessment and credentialing in

addition to an anticipated $66 million in credentialing activities offset by credentialing fees, and

$819 million for the Federal Air Marshals Service. This, in combination with $250 million in

mandatory appropriations toward the Aviation Security Capital Fund, provided a gross total

appropriation of roughly $7,365 million for TSA, $33 million less than requested.

Table 11. TSA Gross Budget Authority by Budget Activity, FY2013-FY2014

(gross budget authority in millions of dollars)

FY2013 Enacted

(presequester)

FY2014 Appropriations

Total

Request

Housepassed

H.R.

2217

$5,046

$5,046

$4,968

$4,875

$4,939

$4,983

3,972

3,972

3,900

3,859

3,851

3,894

Screening Partnership

Program (SPP)

147

147

153

195

153

158

Screener Personnel

Compensation &

Benefits

3,074

3,074

3,034

2,973

2,983

3,034

Screener Training &

Other

225

225

227

203

227

227

Checkpoint Support

115

115

103

106

105

103

EDS/ETD

Purchase/Installation

100

100

84

84

84

74

Screening Technology

Maintenance &

Utilities

309

309

299

299

299

299

1,076

1,076

1,069

1,016

1,089

1,088

Aviation Regulation

and Other

Enforcement

368

368

355

358

353

354

Airport Management,

IT, and Support

562

562

591

555

588

587

FFDO & Flight Crew

Training

25

25

0

25

25

25

Air Cargo Security

122

122

123

122

122

122

P.L.

113-6

Aviation Security

Screening operations

Aviation Security

Direction and

Enforcement

Floor Amendments

Congressional Research Service

P.L.

113-2

Senatereported

H.R.

2217

Div. F,

P.L. 113-76

-44

52

Department of Homeland Security: FY2014 Appropriations

FY2013 Enacted

(presequester)

FY2014 Appropriations

Total

Request

Housepassed

H.R.

2217

907

907

827

821

821

819

Management and

Administration

793

793

715

709

709

708

Travel and Training

114

114

112

112

112

111

Threat Assessment and

Credentialing (TTAC)

272

272

247

249

246

242

Secure Flight

107

107

106

108

106

93

Other Vetting /

Screening

Administration and

Operations

85

85

74

74

74

83

Credentialing Fees

80

80

66

66

66

66

Surface Transportation

Security

124

124

109

109

109

109

Operations and

Staffing

36

36

35

35

35

35

Security Inspectors

88

88

74

74

73

73

Transportation Security

Support

953

953

998

898

979

962

HQ Administration

276

276

285

266

276

272

Information

Technology

417

417

455

390

450

441

Human Capital

Services

216

216

213

202

208

204

Intelligence

45

45

45

45

45

45

P.L.

113-6

Federal Air Marshal

Service

P.L.

113-2

Floor Amendment

Div. F,

P.L. 113-76

-4

Aviation Security Capital

Fund (ASCF)

(mandatory)

TSA Gross Total

Senatereported

H.R.

2217

250

250

250

250

250

250

$7,551

$7,551

$7,398

$7,217

$7,344

$7,365

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, Division F of P.L. 113-76,

and the accompanying joint explanatory statement

Notes: Amounts may not sum to totals due to rounding.

Issues for Congress

Appropriations issues regarding the TSA include the proposed change to the airline passenger

security fee structure, screener staffing levels, implementation of management efficiencies, and

funding for armed pilots and crew member self-defense training.

Congressional Research Service

53

Department of Homeland Security: FY2014 Appropriations

Passenger Security Fees

The FY2014 request included a proposal to change the passenger security fee structure. The fee

structure when the Administration made its request consisted of a charge of $2.50 per passenger

per flight segment, not to exceed $5.00 for a one-way flight. The proposal sought to replace this

scheme with a flat fee of $5.00 per passenger per one-way flight in FY2014. The Administration

also sought to raise the fee $0.50 annually in FY2015 through FY2019, raising the fee to $7.50

incrementally over five years.

The report accompanying the House budget resolution (H.Con.Res. 25) included language

appearing generally to support the proposed change to the fee structure as a potential means to

offset the costs of aviation security.118 However, the House report accompanying H.R. 2217 noted

that the ability to change the statutory fee was outside the jurisdiction of the appropriations

committees. The report went on to note that the request, based on assumptions of additional

revenue from the proposed change in the passenger security fee structure, required the committee

to make cuts to management and administrative offices across DHS functions, since the

additional revenue assumed in the budget request was predicated on changes to existing law

which might or might not occur.119

The Senate Committee on the Budget assumed an increase to aviation security fees consistent

with the President’s request, but asserted that any security fees levied on transportation

passengers should be applied toward TSA transportation security programs (see S.Rept. 113-12).

However, the Senate Appropriations committee report on H.R. 2217 (S.Rept. 113-77) did not

include the fee increases in its estimates, noting that “[w]hile the reasoning behind the proposed

increase has merit and is recommended in both the House and Senate budget resolutions, the

Senate Appropriations Committee believes this proposal should be channeled through the

appropriate authorizing committees.”120

Language in the Bipartisan Budget Act of 2013 (P.L. 113-67) restructured the passenger security

fee (paid directly by passengers) to a flat fee of $5.60 per one-way trip effective July 1, 2014. In

addition, the act repealed air carrier fees paid directly by the airlines. Until the repeal goes into

effect October 1, 2014, TSA has the authority to collect such fees directly from air carriers to

offset security costs with an overall limit on fee collections of the aggregate amount paid by

airlines in calendar year 2000 for screening passengers and property. Due to its timing, the repeal

has no direct effect on the TSA’s FY2014 budget.

Screener Staffing

The FY2014 request included a proposal to eliminate exit lane staffing positions, transferring this

responsibility to airports, which already have general responsibility for access controls and

physical security measures beyond screening checkpoints. The proposal was expected to save

TSA $88 million in FY2014, but it was strongly opposed by airports that would assume this

responsibility and the associated costs. The House Appropriations Committee raised procedural

questions regarding this proposal. The committee also raised potential security concerns, because

118

H.Rept. 113-17, p. 67.

H.Rept. 113-91, p. 19.

120

S.Rept. 113-77, p. 58.

119

Congressional Research Service

54

Department of Homeland Security: FY2014 Appropriations

TSA exit lane staff at several airports check credentials and clear TSA personnel, law

enforcement officers traveling armed, and in some instances, airline crews participating in the

Known Crew Member program. House report language directed TSA to work in conjunction with

airport operators to assess the impact of the change and consider delaying or phasing in the shift

of exit lane staffing responsibility.121 The Senate committee specified $2 million to carry out tests

to evaluate the use of various te

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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