H.R. 2217: Department of Homeland Security Appropriations Act, 2014

H.R. 2217

Department of Homeland Security Appropriations Act, 2014

Date
June 5, 2013 (113th Congress, 1st Session)

Staff Contact
Communications

Floor Situation

On Wednesday, June 5, 2013, the House will consider H.R. 2217, the Department of Homeland Security Appropriations Act, 2014, under an open rule.  H.R 2217 was introduced by Representative John Carter (R-TX), Chairman of the House Appropriations Subcommittee on Homeland Security, on May 29, 2013. H.R. 2217 was marked up by the House Committee on Appropriations and ordered to be reported on May 22, 2013.[1]

Bill Summary

H.R. 2217 provides $38.9 billion in discretionary spending for the Department of Homeland Security - $34.9 million below the President’s FY 2014 budget request and $613.2 million below the FY 2013 enacted level. The bill does not include the requested pay increase for civilians.  According to the Committee, “the funding recommendations and oversight contained in the bill are intended to: prioritize operations and frontline staffing; provide sufficient resources to fulfill essential mission requirements; instill fiscal discipline; reduce bureaucratic overhead; and administer greater oversight and accountability.”[1]  

Specifically, the bill addresses current threats in a targeted manner, including:

“Restoring proposed reductions to CBP’s operations and vital mission support functions while also supporting the requested addition of 1,600 new CBP officers; increasing funding for CBP’s targeting and TSA’s Secure Flight programs above the budget request to improve information sharing, automation, and watchlisting capacity and processes; increasing funding to support ICE’s capacity to conduct visa overstay investigations and analysis; increasing funding for FEMA’s First Responder Grants by $36.4 million above the amount provided in FY 2013 and $402 million above the amount requested by the President’s FY 2014 budget resolution; increasing by $5 million above the current services level for the ‘If You See Something Say Something’ efforts; doubling the requested funding level for bombing prevention to improve training and awareness of domestic usage improvised explosive devices; restoring proposed reductions to ICE’s investigations and enforcement programs – including full funding for the mandated detention level of 34,000 detention beds and alternatives to the detention program; increasing funding for investigations into human smuggling and trafficking above the amount provided in FY 2013 enacted levels; restoring proposed reductions to the Coast Guard operating and acquisition budgets and increasing funding for counternarcotics operations and sustainment of aging assets; restoring proposed reductions to secret service agents  and investigative operations; increasing funding for privatized aviation screening by $10 million and adding 40 new canine enforcement teams to TSA – providing full funding for the training pipeline for canine teams through 2015; increasing funding for cybersecurity; fully funding E-Verify; and funding cyber security analysis and counterintelligence programs.”[2]

The bill restores fiscal discipline at the Department of Homeland Security through greater oversight and discipline. The Committee recommends limiting the Department’s overhead through a minimum15 percent reduction in administrative staffing, a 25 percent reduction in administrative expenses and services, and reduction in TSA’s federal staffing.  Moreover, the Committee addresses the Department’s failure to submit statutorily-required reports on time by reducing funding in areas throughout the Department as well as withholding funding if those reports are not received by the time the President’s FY 2015 budget is due.[3] 

Key provisions include:

Customs and Border Protection (CBP) – The bill contains $10.614 billion for CBP, an increase of $35 million above the President’s FY 2014 budget request.[4]  $8.275 billion is directed toward salaries and expenses, approximately $9.1 million less than the FY 2013 enacted level.[5]  Funding will provide for 21,370 Border Patrol agents and no less than 21,755 CBP officers.[6]  The level of funding also includes increases to CBP’s threat-targeting systems to make needed improvements identified following the Boston Marathon attacks, such as enhancements for the identification of known and suspected terrorists and criminals.[7]

The bill also includes $803 million for Air and Marine operations and procurement to continue critical air patrol efforts on the U.S. border – $375 million more than the President’s request and $4.5 million below FY 2013 enacted level.  $351 million is provided for border security infrastructure and technology, and $12 million for trade enforcement and improvements at land ports of entry.[8]

Immigration and Customs Enforcement (ICE) – The bill provides $5.344 billion for ICE – an increase of $387.6 million above the President’s FY 2014 budget request and $44.5 million below the FY 2013 enacted level. Funding within ICE also includes efforts to address human trafficking, human smuggling, drug smuggling, and arms trafficking.[9]  The Committee also recommends $1.8 billion for both domestic and international investigation programs.[10]  The bill also includes a $10 million increase above the FY 2013 enacted level for visa security and overstays enforcement programs, which is directed toward addressing weaknesses in the system identified after the Boston Marathon attack.[11]

The bill provides $2.835 billion for detention programs, including funding to sustain the 34,000 detention beds that must be maintained on a daily basis.  $96.360 million is recommended for alternatives to detention.[12] The bill also fully funds E-Verify at $114.213 million.[13]

Transportation Security Administration (TSA) The bill provides a total of $7.2 billion for TSA, $351 million below the FY 2013 enacted level and $195 million below the President’s request. This includes funding for security enforcement, cargo inspections, canine detention teams, and intelligence functions.[14]

The bill also includes $163.190 million for privatized screening operations;[15] $12.353 million for Federal Flight Deck Officers;[16] $93.7 million to support 40 additional canine enforcement teams;[17] and a total of $108.198 million for improvements to SecureFlight and watchlisting systems.[18]

Cybersecurity – The bill includes a total of $786 million specifically for cybersecurity operations, $24 million below the President’s request and $30 million above the FY 2013 enacted level. This funding will continue improvements to the Federal Network Security program to help blunt cyber-attacks and foreign espionage.[19]

Bombing Prevention & Awareness – The bill rejects the President’s proposed 39% to cut to Bombing Prevention programs, providing $16.514 million, $8.3 million increase above the President’s request and almost $2.9 million above the FY 2013 enacted amount. This funding will support efforts to enhance the nation’s counter-improvised explosive device (C-IED) capabilities and reduce the threat of explosive attacks.[20]

Coast Guard – The bill contains a total of $9.9 billion for the Coast Guard, a decrease of $543 million from FY 2013 enacted levels.[21] $6.84 billion is recommended for operating expenses, an increase of $25 million above FY 2013 enacted levels.[22]  The bill sustains military pay and allowances of $3.440 billion.[23]  Targeted funding is also provided for: cutter and aviation operating hours and training, acquisition of the seventh National Security Cutter (NSC) and long-lead time material for the eighth NSC, four Fast Response Cutter (FRC) patrol boats - two more than requested, two additional MH-60 helicopters, one additional C-130J aircraft, and urgently needed upgrades to family housing above the request.[24]

Secret Service – The bill includes $1.534 billion for the U.S. Secret Service, a decrease of $19.7 million below the FY 2013 enacted level due to savings from the normal downturn in operations following the Presidential election.[25] The bill increases funding for investigations, and continues funding for the National Center for Missing and Exploited Children.[26]

Disaster Relief Fund and First Responder Grants – The bill fully funds the disaster relief fund at $6.2 billion.[27] The bill also provides a total of $2.5 billion for first responder grants, $36.4 million above the FY 2013 enacted level and $402 million above the President’s request. This includes: $1.5 billion for State and Local Grants, $675 million for Assistance to Firefighter Grants, and $350 million for Emergency Management Performance Grants.[28]

Research and Development – The bill includes $1.2 billion for Science and Technology, $301 million below the President’s request and $391 million above the FY 2013 enacted level. This funding sustains investment in high-priority research and development efforts. The bill includes $404 million in incremental construction funding for the National Bio- and Agro-Defense Facility (NBAF).[29]

Funding Restrictions and Policy Provisions– The bill continues a prohibition on funds to transfer or release detainees from Guantanamo Bay, and includes numerous other funding restrictions to prevent waste and abuse. Some of these provisions include: a restriction on another “Fast and Furious” type program, extensive reporting requirements for DHS’s procurement and usage of ammunition, and limitations and reporting requirements on spending for conferences and ceremonies.


[1] See id, p.5.

[2] See id.

[3] See id, p.7.

[4] See id, p. 152.

[5] See id, p. 150.

[6] See id, p. 25.

[7] See id, pp. 25 and 26.

[8] See id, p. 35.

[9] See id, p. 40.

[10] See id, p. 153.

[11] See id, p. 42.

[12] See id, pp. 45 and 46.

[13] See id, p. 170.

[14] See id, p. 158.

[15] See id, p. 50.

[16] See id, p. 56.

[17] See id, p. 56.

[18] See id, p. 60.

[19] See id, p. 83.

[20] See id.

[21] See id, p. 161.

[22] See id, p. 66.

[23] See id.

[24] See id, p. 71.

[25] See id, p. 76.

[26] See id, p. 79.

[27] See id, p. 99.

[28] See id, p. 168.

[29] See id, p. 173.

Cost

Based on CBO scoring, the bill provides a total of $46.079 billion in total budget authority and fully complies with its 302(b) allocation.  This funding includes $38.9 billion in regular discretionary, $5.6 billion for disaster designated relief costs, and $1.5 billion in mandatory spending for Coast Guard retirement pay.

Amendments

Below reflects the most recent list of amendments pre-printed in the Congressional Record that Members will offer on the floor.

Rep. Cassidy (R-LA) Amendment #1 - At the end of the bill (before the short title), insert the following: Sec.__. None of the funds made available under the Act may be used to implement, carry out, administer, or enforce section 1308(h) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h).

Reps. Collins (R-GA), Barletta (R-PA) and Griffin (R-AR) Amendment #2 – At the end of the bill (before the short title), insert the following: Sec.__. None of the funds made available under this Act may be used in contravention of section 236(c) of the Immigration and Nationality Act (8 U.S.C.1226(c).

Rep. Thompson (D-MS) Amendment #4 - At the end of the bill (before the short title), insert the following: Sec.__. None of the funds made available under the Act may be used by the Transportation Security Administration for the Behavior Detection Officer program.

Rep. Mica (R-FL) Amendment #8 – Page 15, line 25, after the dollar amount, insert “(reduced by $31,810,000)”.  Page 16, line 6, after the dollar amount insert “(increased by $31,810,000)”.

Rep. Mica (R-FL) Amendment #9 – Page 52, line 11, insert before the proviso the following: “Provided further, That the Director of the Federal Law Enforcement Training Center shall develop a plan to further integrate and utilize modeling and simulation in the training of law enforcement and security personnel:”

Rep. Mica (R-FL) Amendment  #10 – Page 15, line 25, after the dollar amount insert “(reduced by $12,500,000) (increased by $12,500,000)”.

Rep. Lynch (D-MA) Amendment  #11 – Page 19, line 1, after the dollar amount insert “(increased by $15,676,000)”.  Page 3, line 13, after the dollar amount insert “(reduced by $15,676,000).”

Rep. Pierluisi (D-Puerto Rico) Amendment #12 - At the end of the bill (before the short title), insert the following: Sec.__. None of the funds made available under the Act may be used to implement, administer, or enforce section 1301(a) of title 31, United States Code, with respect to the use of amounts made available by this Act for the “Salaries and Expenses” and “Air and Marine Operations” accounts of U.S. Customs and Border Protection for the expenses authorized to be paid in section 9 of the Jones Act (48 U.S.C. 795) and for the collection of duties and taxes authorized to be levied, collected, and paid in Puerto Rico, as authorized in section 4 of Foraker Act (48 U.S.C. 740), in addition to more specific amounts available for such purposes in the Puerto Rico Trust Fund pursuant to such provisions of law.