DEPARTMENT OF HOMELAND SECURITY

The establishment of the Department of Homeland Security (DHS) in 2002 entailed the creation of a new organization through restructuring and consolidating 22 separate agencies and programs from multiple Cabinet-level Departments and independent agencies. However, after the creation of DHS, its components maintained largely independent appropriation account structures and budgeting practices based on historical precedent and, to a lesser extent, mission need. The resulting budget structure, with more than 70 different appropriations made up of over 200 Programs, Projects, and Activities (PPAs), created significant budget formulation disparities and execution inconsistencies. To alleviate these challenges, the President's Fiscal Year 2017 Budget proposes a common appropriations structure for all DHS components except U.S. Coast Guard. The Congress has expressed support for such a common account structure, as reflected in the Consolidated Appropriations Act, 2016 (P.L. 114–113). New discretionary appropriations accounts are as follows: Operations and Support; Procurement, Construction, and Improvements; Research and Development; and Federal Assistance. Within each appropriation, the Budget also aligns DHS's PPA structure with DHS mission areas, a change that will encourage consistency and alignment between resource decisions and frontline mission needs.

Federal Funds

For necessary expenses of the Office of the Secretary of Homeland Security for operations and support, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of the Department of Homeland Security, as authorized by law, [$137,466,000] $136,451,000: Provided, That not to exceed $45,000 shall be for official reception and representation expenses: Provided further, That all official costs associated with the use of government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Immediate Office of the Secretary and the Immediate Office of the Deputy Secretary [: Provided further, That not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives, the comprehensive plan for implementation of the biometric entry and exit data system as required under this heading in Public Law 114–4 and a report on visa overstay data by country as required by section 1376 of title 8, United States Code: Provided further, That the report on visa overstay data shall also include—(1) overstays from all nonimmigrant visa categories under the immigration laws, delineated by each of the classes and sub-classes of such categories; and(2) numbers as well as rates of overstays for each class and sub-class of such nonimmigrant categories on a per-country basis: Provided further, That of the funds provided under this heading, $13,000,000 shall be withheld from obligation for the Office of the Secretary and Executive Management until both the comprehensive plan and the report are submitted]. (Department of Homeland Security Appropriations Act, 2016.)

For necessary expenses of the Office of the Under Secretary for Management for operations and support, as authorized by sections 103 and 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 113; 6 U.S.C. 341 through 345), [$196,810,000]$727,771,000, of which not to exceed $2,000 shall be for official reception and representation expenses: Provided, That of the total amount made available under this heading, $102,513,000 shall be for minor procurements, construction, and improvements necessary for the operations and sustainment of Departmental facilities, of which [$4,456,000]$2,931,000 shall remain available until September 30, [2017]2018, solely for [the alteration and improvement of facilities, tenant improvements, and relocation costs to consolidate Department headquarters operations] such expenses at the Nebraska Avenue Complex[; and]: Provided further, That [$7,778,000]$227,576,000 shall remain available until September 30, [2017]2018, for development and acquisition of information technology equipment including $5,522,000 for the Human Resources Information Technology program and $41,215,000 for Financial Systems Modernization: Provided further, that 15 days after the Committees on Appropriations of the Senate and the House of Representatives are notified, funds for Financial Systems Modernization may be transferred by the Secretary of Homeland Security between appropriations for the same purpose, notwithstanding section 503 of this Act: Provided further, That the Under Secretary for Management shall include in the President's budget proposal for fiscal year [2017]2018, submitted pursuant to section 1105(a) of title 31, United States Code, a Comprehensive Acquisition Status Report, which shall include the information required under the heading "Office of the Under Secretary for Management" under title I of division D of the Consolidated Appropriations Act, 2012 (Public Law 112–74), and shall submit quarterly updates to such report not later than 45 days after the completion of each quarter. (Department of Homeland Security Appropriations Act, 2016.)

[For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), $56,420,000: Provided, That the Secretary of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time the President's budget proposal for fiscal year 2017 is submitted pursuant to section 1105(a) of title 31, United States Code, the Future Years Homeland Security Program, as authorized by section 874 of Public Law 107–296 (6 U.S.C. 454).] (Department of Homeland Security Appropriations Act, 2016.)

For necessary expenses for intelligence analysis and operations coordination activities, as authorized by title 2 of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $265,719,000; of which not to exceed $3,825 shall be for official reception and representation expenses; and of which $110,091,000 shall remain available until September 30, 2018.

Program and Financing (in millions of dollars)

The Operations and Support appropriation funds necessary operations, mission support, and associated management and administration costs. The 2017 President's Budget proposes the Congress rename the Departmental Operations account as the Operations and Support Account.

Offices of the Secretary and Executive Management: Directs and leads management of the Department and provides policy guidance to operating bureaus within the organization; plans and executes departmental strategies to accomplish agency objectives; provides leadership to the Department and includes the following offices: the Office of the Secretary; the Office of the Deputy Secretary; the Office of the Chief of Staff; the Office of Policy; the Office of the Executive Secretary; the Office of Public Affairs; the Office of Legislative Affairs; the Office of the General Counsel; the Office for Civil Rights and Civil Liberties; the Office of the Citizenship and Immigration Services Ombudsman; the Privacy Officer; and the Office of Partnership and Engagement.

Under Secretary for Management: Provides enterprise leadership and management and business administration services. These can include financial management, acquisition oversight, workforce management, physical and personnel security requirements, administrative supplies and services, non-programmatic information technology (IT), day-to-day management of headquarters-related property and assets, daily communication costs, and other general day-to-day management and administration. The Under Secretary for Management includes the following offices: Immediate Office of the Under Secretary for Management, Office of the Chief Readiness Support Officer, Office of the Chief Human Capital Officer, Office of the Chief Procurement Officer, Office of the Chief Financial Officer, Office of the Chief Information Officer, and Office of the Chief Security Officer.

Analysis and Operations (A&O): Provides resources supporting the Office of Intelligence and Analysis (I&A) and the Office of Operations Coordination (OPS). This funding includes both National Intelligence Program (NIP) and non-NIP resources. Even though these two offices are different and distinct in their missions, they work closely together and collaborate with other departmental component agencies and related federal agencies, as well as state, local, tribal, foreign, and private-sector partners, to improve intelligence analysis, information sharing, incident management support, and situational awareness.

I&A's mission is to equip the Homeland Security Enterprise with the timely intelligence and information it needs to keep the homeland safe, secure, and resilient. I&A is the interface between the Intelligence Community (IC) and federal, state, local, and private sector homeland security partners, providing strategic analyses, warning, and actionable intelligence, ensuring departmental leadership, components, law enforcement, and IC partners have the tools they need to confront and disrupt terrorist threats. I&A's unique mission within the IC blends national intelligence with DHS Component and other stakeholder source data, providing homeland security-centric analysis. The Under Secretary for Intelligence and Analysis leads I&A and is the Department's Chief Intelligence Officer responsible for overseeing the DHS Intelligence Enterprise. The Under Secretary is also responsible for implementing the National Strategy on Information Sharing across the Department.

The mission of OPS is to provide operations coordination, information sharing, situational awareness, the common operating picture, and Department continuity, enabling execution of the Secretary's responsibilities across the homeland security enterprise. OPS plays a pivotal role in the DHS mission to lead the unified national effort to secure America by facilitating the Secretary's responsibilities across the full spectrum of incident management efforts (i.e., prevention, protection, response and recovery). OPS provides situational awareness, assessments, and operations coordination for the DHS Secretary and facilitates operational information sharing with all DHS components, as well as for Federal, state, local, tribal, private sector, and international partners. OPS supports the DHS mission to lead the national unified effort to secure America by maintaining the National Operations Center (NOC) and by providing 24/7 multi-agency organization, fusing law enforcement, national intelligence, emergency response, and private sector reporting. The NOC is the primary national-level hub for domestic incident management, operations coordination, and situational awareness.

Object Classification (in millions of dollars)

Employment Summary

For necessary expenses of the Office of the Under Secretary for Management for procurement, construction, and improvement, as authorized by sections 103 and 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 113; 6 U.S.C. 341 through 345), $144,789,000: Provided, That of the total amount made available under this heading, $125,950,000 shall remain available until expended for necessary expenses to plan, acquire, construct, renovate, remediate, equip, furnish, and occupy buildings and facilities for the consolidation of department headquarters at St. Elizabeths; and $18,839,000 shall remain available until September 30, 2018, for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security including $4,079,000 for the Human Resources Information Technology program.

Program and Financing (in millions of dollars)

The Under Secretary for Management's Procurement, Construction, and Improvements (PC&I) appropriation provides support necessary for the planning, operational development, engineering and purchase of one or more assets prior to sustainment. Information Technology (IT) included in the PC&I account provides useful software and hardware in an operational environment, including non-tangible assets. Construction costs include the Headquarters Consolidation, which provides funds necessary for the planning, operational development, and engineering prior to sustainment.

Object Classification (in millions of dollars)

For necessary expenses of the Office of the Under Secretary for Management for research and development, as authorized by sections 103 and 701 through 705 of the Homeland Security Act of 2002 (6 U.S.C. 113; 6 U.S.C. 341 through 345), and Department-wide technology investments, $2,500,000 to remain available until September 30, 2018.

Program and Financing (in millions of dollars)

The Office of the Under Secretary for Management's Research and Development (R&D) account provides funding for rapid "proof of concept" prototype applications, technical demonstrations, planning, and development of emerging technologies that can be used to support Department of Homeland Security mission needs. All funding within the USM R&D account is oriented towards the Office of the Chief Information Officer (OCIO).

[For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $309,976,000; of which $109,957,000 shall be available for salaries and expenses; and of which $200,019,000, to remain available until September 30, 2017, shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security.] (Department of Homeland Security Appropriations Act, 2016.)

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Program and Financing (in millions of dollars)

The Department of Homeland Security Working Capital Fund serves as an effective centralized reimbursable mechanism for enterprise wide services that are performed more advantageously and economically at the Departmental level. The Working Capital Fund promotes economy, efficiency, accountability, and best practices from the public and private sectors for improving organizational performance, operational efficiencies, and ensuring full cost recovery of goods and services for selected DHS agency-wide programs, activities, and services. The Department of Homeland Security Working Capital Fund was authorized in the Department of Homeland Security Appropriations Act, 2004.

Object Classification (in millions of dollars)

Employment Summary

[For necessary expenses for intelligence analysis and operations coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $264,714,000; of which not to exceed $3,825 shall be for official reception and representation expenses; of which not to exceed $2,000,000 is available for facility needs associated with secure space at fusion centers, including improvements to buildings; and of which $111,021,000 shall remain available until September 30, 2017.] (Department of Homeland Security Appropriations Act, 2016.)

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Trust Funds

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

This account represents contributions to the Department from private sources and through the "Heroes" semi-postal stamp program, and includes bequests and gifts from the estate of Cora Brown given to the Federal Emergency Management Agency.

Federal Funds

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), [$137,488,000;] $157,144,000, of which not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. (Department of Homeland Security Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

The Operations and Support funds necessary for the operations, mission support and associated management and administration costs required for the Office of Inspector General (OIG) to conduct and supervise audits, inspections, and investigations relating to the programs and operations of the Department to promote economy, efficiency, and effectiveness and to prevent and detect fraud, waste, and abuse in such programs and operations. The Budget reflects resources that will enable the OIG to perform its oversight responsibilities, as well as assist DHS in achieving its goal of "organizational excellence." The resources requested will increase the number of reports that the OIG is able to produce and its ability to provide a greater number departmental managers with recommendations to ensure that their program/activities are operating in the most economical, efficient, and effective manner possible. In addition, the resources will enable the OIG to conduct new audits annually, including in-house grant audits of state grantees and local government sub-grantees; adequately staff existing investigative field offices; address major information technology issues facing the Department in the various stages of development and implementation; and continue the prominent operations of the OIG's Emergency Management Oversight office.

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Employment Summary

Federal Funds

For necessary expenses for enforcement of laws relating to border security, immigration, customs, agricultural inspections and regulatory activities related to plant and animal imports, the provision of air and marine support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and, at the discretion of the Secretary of Homeland Security, the provision of air and marine assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts, and transportation of unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; minor procurement, construction, and improvements expenses, including but not limited to expenses related to procurements to buy, maintain, or operate aircraft and unmanned aircraft systems; and contracting with individuals for personal services abroad; [$8,628,902,000] $11,333,352,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which [$30,000,000] $1,362,683,000 shall be available until September 30, [2017, solely for the purpose of recruiting, hiring, training, and equipping law enforcement officers and Border Patrol agents] 2019; of which not to exceed $34,425 shall be for official reception and representation expenses; of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations; and of which not to exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: [Provided, That of the amounts made available under this heading for Inspection and Detection Technology Investments, $18,500,000 shall remain available until September 30, 2018:] Provided further, That for fiscal year [2016] 2017, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated by this Act shall be available to compensate any employee of U.S. Customs and Border Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the Secretary of Homeland Security, or the designee of the Secretary, to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies: [Provided further, That the Border Patrol shall maintain an active duty presence of not less than 21,370 full-time equivalent agents protecting the borders of the United States in the fiscal year] Provided further, That funding made available under this heading shall be available for air and marine related customs expenses when necessary to maintain or to temporarily increase operations in Puerto Rico: Provided further, That, at any point after January 1, 2017, if the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, determines that the cumulative number of unaccompanied children transferred to the custody of the Secretary of Health and Human Services for the current fiscal year exceeds the number transferred through the comparable date in the previous fiscal year, an additional $5,750,000 shall be available under this heading: Provided further, That, if the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, determines that the cumulative number of such children transferred exceeds 110 percent of the number transferred through the comparable date, $5,750,000 shall be available in addition to the amount made available in the previous proviso: Provided further, That, if the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, determines that the cumulative number of such children transferred exceeds 120 percent of the number transferred through the comparable date, $5,750,000 shall be available in addition to the amounts made available in the previous two provisos: Provided further, That, if the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, determines that the cumulative number of such children transferred exceeds 130 percent of the number transferred through the comparable date, $5,750,000 shall be available in addition to the amounts made available in the previous three provisos: Provided further, That amounts made available in any of the previous four provisos may be transferred to any other appropriation: Provided further, That the transfer authority in the previous proviso is in addition to any other transfer authority provided by law.

For an additional amount, $38,599,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 or other such authorizing legislation: Provided, That to the extent that amounts realized from such collections exceed $38,599,000, those amounts in excess of $38,599,000 shall be credited to this appropriation, to remain available until expended: Provided, That the authority provided in this paragraph is contingent upon enactment of applicable authorizing legislation. (Department of Homeland Security Appropriations Act, 2016.)

Special and Trust Fund Receipts (in millions of dollars)

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Summary of Budget Authority and Outlays (in millions of dollars)

U.S. Customs and Border Protection (CBP) is responsible for securing America's borders, while facilitating legitimate trade and travel. CBP is responsible for inspecting travelers at land, sea, and air ports-of-entry for immigration, customs, and agriculture compliance, as well as interdicting illegal crossers between ports-of-entry. CBP is responsible for enforcing the laws regarding admission of foreign-born persons into the United States; identifying and apprehending aliens; and ensuring that all goods and persons entering and exiting the United States do so legally. CBP's over 60,000 highly-trained employees ensure that the agency performs its mission with vigilance, integrity, and professionalism.

Operations and Support funds necessary operations, mission support, and associated management and administrative costs. Major programs include:

Securing America's Borders.—This program funds activities designed to protect the Nation through the coordinated use of Border Patrol Agents, technology, and air and marine forces to detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illegal drugs, and other contraband toward or across the borders of the United States. These activities contribute to securing America's Southwest, Northern, and Costal borders. Through the coordinated use of operational capabilities and assets of the U.S. Border Patrol and Air and Marine Operations, CBP prevents terrorism and terrorist weapons, illegal aliens, smugglers, narcotics, and other contraband from moving across the borders of the United States.

Securing and Expediting Trade and Travel.—This program funds the mitigation of threats from terrorists and the prevention of contraband from entering the U.S. while facilitating the legal flow of people and trade. CBP achieves this mission by deploying CBP Officers to the ports of entry and by using a combination of technology, intelligence, risk information, targeting, and international cooperation to screen inbound international cargo and travelers and, in targeted border areas, to screen departing export cargo. Additional attention to outbound travel along areas of the Southwest border also helps prevent the exit of money and weapons for illegal purposes. CBP has extended a zone of security beyond the United State's physical borders through bilateral cooperation with other nations, private-sector partnerships, expanded targeting, and advance scrutiny of information on people and products coming into this country.

Integrated Operations.—This program captures the activities to establish the foundation for an integrated, all-hazards planning framework that considers routine emergencies or interruptions of border security operations including trade and travel and catastrophic events. Activities funded in the program operate at the national level and are not limited to a specific geographical area. Integrated Operations include funding for command and control, coordination, occupational health and safety, and information and situational awareness for multiple CBP mission programs.

Management & Administration.—This program captures activities that are standardized across DHS and provide enterprise leadership, management and/or business administration services and describes the capabilities and activities that support the day-to-day management and back office functions enabling the Department to operate efficiently and effectively. Key capabilities include conducting agency planning and performance management, managing finances, managing agency workforce, providing physical and personnel security, acquiring goods and services, managing information technology, managing agency property and assets, managing agency communications, managing legal affairs, and providing general management and administration.

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Employment Summary

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Employment Summary

[For necessary expenses for border security fencing, infrastructure, and technology, $447,461,000; of which $273,931,000 shall remain available until September 30, 2017, for operations and maintenance; and of which $173,530,000 shall remain available until September 30, 2018, for development and deployment.] (Department of Homeland Security Appropriations Act, 2016.)

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[For necessary expenses for U.S. Customs and Border Protection for operation and improvement of automated systems, including salaries and expenses, $829,460,000; of which $465,732,000 shall remain available until September 30, 2018; and of which not less than $151,184,000 shall be for the development of the Automated Commercial Environment.] (Department of Homeland Security Appropriations Act, 2016.)

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Employment Summary

For necessary expenses [to plan, acquire, construct, renovate, equip, furnish, operate, manage, and maintain buildings, facilities, and related infrastructure necessary for the administration and enforcement of the laws relating to customs, immigration, and border security, $340,128,000] for U.S. Customs and Border Protection for procurement, construction, and improvements, including but not limited to procurements to buy, maintain, or operate aircraft and unmanned aircraft systems, $323,390,000, of which $214,998,000, to remain available until September 30, [2020] 2019, and of which $108,392,000, to remain available until September 30, 2021. (Department of Homeland Security Appropriations Act, 2016.)

Program and Financing (in millions of dollars)

Procurement, Construction, and Improvements provides funds necessary for the planning, operational development, engineering and purchase of one or more U.S. Customs and Border Protection (CBP) assets prior to sustainment. The funding within this account provides resources to procure, maintain, or operate aircraft and unmanned aircraft systems. Construction funding provides for critical facilities and associated infrastructure that enable CBP to accomplish its complex mission. The funding is also used for Automation Modernization activities, which strengthens information availability.

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Employment Summary

[For necessary expenses for the operations, maintenance, and procurement of marine vessels, aircraft, unmanned aerial systems, the Air and Marine Operations Center, and other related equipment of the air and marine program, including salaries and expenses, operational training, and mission-related travel, the operations of which include the following: the interdiction of narcotics and other goods; the provision of support to Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; and, at the discretion of the Secretary of Homeland Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; $802,298,000; of which $300,429,000 shall be available for salaries and expenses; and of which $501,869,000 shall remain available until September 30, 2018: Provided, That no aircraft or other related equipment, with the exception of aircraft that are one of a kind and have been identified as excess to U.S. Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2016 without prior notice to the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That funding made available under this heading shall be available for customs expenses when necessary to maintain or to temporarily increase operations in Puerto Rico.] (Department of Homeland Security Appropriations Act, 2016.)

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Program and Financing (in millions of dollars)

Under Section 559 of the Consolidated Appropriations Act, 2014 (Pub. L. No. 113–76), the Commissioner of Customs and Border Protection (CBP) may approve requests from interested parties to reimburse CBP for enhanced inspectional services. Specifically, CBP is authorized to receive reimbursement from corporations, government agencies, and other interested parties for certain inspection services in the air, land and sea environments at domestic locations. This allows CBP to provide services to requesting parties that it could not provide in the absence of reimbursement.

Special and Trust Fund Receipts (in millions of dollars)