H.R. 5855 (112th): Department of Homeland Security Appropriations Act, 2013

Introduced:
May 23, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. Robert Aderholt [R-AL4]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


6/7/2012. Makes appropriations for the Department of Homeland Security (DHS) for FY2013.
Title I - Departmental Management and Operations
Makes appropriations for: (1) the Office of the Secretary and executive management, (2) the Office of the Under Secretary for Management, (3) the Office of the Chief Financial Officer, (4) the Office of the Chief Information Officer, (5) intelligence analysis and operations activities, and (6) the Office of the Inspector General.
Title II - Security, Enforcement, and Investigations
Makes appropriations for:
(1) U.S. Customs and Border Protection (CBP), including for border security fencing, infrastructure, and technology;
(2) U.S. Immigration and Customs Enforcement (ICE), including to reimburse other federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States, to identify and remove from the United States aliens convicted of a crime once they are judged deportable, and for detention and removal operations, including alternatives to detention;
(3) the Transportation Security Administration (TSA), including for aviation security (including explosives detection systems), surface transportation security, screening programs of the Office of Transportation Threat Assessment and Credentialing, transportation security support and intelligence, and the Federal Air Marshals;
(4) the Coast Guard, including funding derived from the Oil Spill Liability Trust Fund for prevention, removal, and enforcement related to oil discharges and funding for environmental compliance and restoration; and
(5) the U.S. Secret Service.
Title III - Protection, Preparedness, Response, and Recovery
Makes appropriations for FY2013 for:
(1) the Office of the Under Secretary for the National Protection and Programs Directorate, including for the Federal Protective Service and the Office of Biometric Identity Management;
(2) the Office of Health Affairs, including for BioWatch operations; and
(3) the Federal Emergency Management Agency (FEMA), including for grants for state and local programs, firefighter assistance grants, emergency management performance grants, the U.S. Fire Administration, disaster relief, the disaster assistance direct loan program account, the flood hazard mapping and risk analysis program, the National Flood Insurance Fund, the predisaster mitigation grant program, and the emergency food and shelter program.
Title IV - Research and Development, Training, and Services
Makes appropriations for FY2013 for: (1) U.S. Citizenship and Immigration Services (CIS), including for the E-Verify program; (2) the Federal Law Enforcement Training Center; (3) the Office of the Under Secretary for Science and Technology; and (4) the Domestic Nuclear Detection Office.
Title V - General Provisions
Section 501 -
Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.
Section 513 -
Prohibits the use of funds available in this Act to amend the oath of allegiance required under the Immigration and Nationality Act.
Section 522 -
Prohibits the use of funds by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit.
Section 526 -
Prohibits the use of funds for CBP to prevent an individual from importing a prescription drug from Canada if:
(1) such individual is not in the business of importing a prescription drug; and
(2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product.
Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug, not exceeding a 90-day supply.
Section 528 -
Prohibits the use of funds made available in this Act:
(1) for planning, testing, piloting, or developing a national identification card;
(2) to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions, of Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces, or who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the Department of Defense (DOD); or
(3) to employ unauthorized aliens.
Section 537 -
Requires any company that collects or retains personal information directly from any individual who participates in TSA's Registered Traveler or successor program to safeguard and dispose of such information in accordance with specified requirements.
Section 539 -
Requires the TSA Administrator to: (1) submit to the House and Senate Appropriations Committees a report that either certifies that the requirement for screening all air cargo on passenger aircraft by the deadline has been met or includes a strategy to comply with such requirements, and (2) continue to submit such reports every 90 days until the Administrator has achieved screening of 100% of such air cargo.
Section 543 -
Provides that any sale or collocation of federally owned detention facilities shall not result in the maintenance of fewer than 34,000 ICE detention beds.
Section 544 -
Prohibits funds made available under this Act or any prior appropriations Act from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organizations.
Section 546 -
Requires the DHS Secretary to ensure enforcement of immigration laws.
Section 554 -
Prohibits funds made available under this Act from being used by a federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the officer knows or suspects that the individual is an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm at all times.
Section 560 -
Rescinds various amounts from specified agencies, including FEMA, the Coast Guard, and CBP.
Section 564 -
Repeals a provision directing TSA to retain any unclaimed money recovered at airport security checkpoints until expended for the purpose of providing civil aviation security.
Section 566 -
Prohibits funds appropriated by this Act for ICE from: (1) being available to pay for an abortion, except where the mother's life would be endangered if the fetus were carried to term, or in the case of rape or incest; or (2) being used to require any person to perform, or facilitate the performance of, an abortion.
Section 571 -
Prohibits the use of funds:
(1) to implement or enforce the DHS rule entitled "Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives," published on April 2, 2012;
(2) for the position of Public Advocate within ICE;
(3) for the purchase, operation, or maintenance of armed unmanned aerial vehicles;
(4) to enforce Executive Order 13166 (directing agencies to expand access to services for those with limited English proficiency);
(5) to finalize, implement, administer, or enforce the "Morton Memos" (regarding the civil immigration enforcement priorities of ICE and the use of prosecutorial discretion in removal cases involving the victims and witnesses of crime); or
(6) to terminate an existing agreement regarding immigration enforcement powers delegated to state and local authorities.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/112/2/hr5855.

Summary

H.R. 5855 would provide $39.1 billion in discretionary budget authority for programs funded through the Department of Homeland Security (DHS) for Fiscal Year 2013. Unlike previous years, funding for the Coast Guard’s support of the Global War on Terror/Overseas Contingency Operations are not included in the bill and are instead provided via transfer of $254 million from Department of Defense, Navy, Operations & Maintenance.  Discretionary budget authority in the bill would be $484 million or 1.2 percent less than last year and $393 million or 1 percent below the President’s request. H.R. 5855 would contribute to an overall level of discretionary budget authority of $1.028 trillion for FY 2013 as contained in H.Con.Res. 112, the Concurrent Resolution on the Budget for Fiscal Year 2013.

 

H.R. 5855 would provide funding for a number of agencies, including the Secret Service, U.S. Customs and Border Protection (CBP), the Transportation Security Administration (TSA), Immigration and Customs Enforcement (ICE), the Coast Guard, and the Federal Emergency Management Agency (FEMA). The following is a summary of the spending highlights and other provisions in the bill.

 

Total Discretionary Budget Authority
(In thousands)

 

FY 2012 Enacted

President’s Request

H.R. 5855

Change From FY 2012

Change From Request

Percentage Change from 2012

Percentage Change From Request

Discretionary Budget Authority

39,600,228

39,509,991

39,116,473

-483,755

-393,518

-1.2%

-1.0%

 

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS

H.R. 5855 would provide a total of $1.05 billion in budget authority for DHS management and operations. The funding total for this title is approximately $79 million below last year and $225 million or 17 percent below the President’s request.  

 

Office of the Secretary:The bill would provide $121 million for the Office of the Secretary of Homeland Security, which is a reduction of $12 million or 9 percent below the President’s request.                                                       

 

Undersecretary for Management:The bill would provide $213 million for the Undersecretary for Management of DHS, which is $8 million or 4 percent below the President’s request.  The undersecretary provides administrative support and human resources services for DHS.

 

Chief Financial Officer: The bill would provide $49 million for the Chief Financial Officer of DHS, which is $5.6 million or 10 percent below the President’s request.

                                                                                       

Chief Information Officer:The bill would provide $241 million for the Chief Information Officer of DHS, which is $71 million or 22 percent below the President’s request, to oversee all DHS information technology.

 

Analysis and Operations: The bill would provide $317 million for DHS Analysis and Operations, which is $4 million or 1 percent below the President’s request. This provides funding for the Office of Intelligence and Analysis and the Directorate of Operations Coordination, which collect and evaluate intelligence information.

 

TITLE II—SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. Customs and Border Protection: The bill would provide $10.16 billion for U.S. Customs and Border Protection (CBP), an increase of $180 million above the President’s request and $9.4 million above last year’s level, when adjusted for proposed transfers and realignments. The bill would provide a total of $8.77 billion for U.S. Customs and Border Protection (CBP) salaries and expenses. According to the Appropriations Committee, this funding will provide for 21,370 Border Patrol agents and 21,186 CBP officers, the largest totals in history, and includes $117 million for Inspection and Detection Technology. In addition, the bill includes $518 million for Air and Marine operations and procurement to continue critical air patrol efforts on the U.S. border which was cut in the President’s budget request. CBP is responsible for preventing and deterring threats along U.S. borders or at ports. The CBP’s main focus is stopping terrorists, weapons, drugs, or other contraband from entering the U.S.  Funding for salaries and expenses supports border security administration, inspections, cargo screening, detection technology, border security staff, and training.

 

Immigration and Customs Enforcement: The bill would provide a total of $5.5 billion for Immigration and Customs Enforcement (ICE), which is $77 million below last year and $141 million above the President’s request. ICE is the lead federal agency responsible for immigration and customs law and enforcement. According to the Appropriations Committee, The bill includes over $1.7 billion for both domestic and international investigation programs, including $35 million for the Visa Security Program, $78 million for the Office of Intelligence, and an increase of $11 million to address human smuggling and trafficking. The bill also provides $138 million to complete the deployment of the Secure Communities program, and $2.7 billion for ICE detention bed spaces, providing for a total of 34,000 beds – the highest detention capacity in history.

 

Transportation Security Administration: The bill would provide $5.1 billion for the Transportation Security Administration (TSA), a decrease of $31 million below the President’s request and $422 million below last year’s level. The bill would provide funding for security enforcement, cargo inspections, and intelligence functions. The bill would restore funding for Federal Flight Deck Officers, include funding for the Federal Air Marshals program for coverage of all high-risk flights, provide a $5 million increase over the President’s request in funding for canine enforcement teams, and include a $15 million increase for privatized screening operations. The bill also encourages reform of passenger screening operations by capping full-time screening personnel at 46,000, and supporting TSA’s shift to more risk-based screening.

 

In addition, the bill provides funding for other transportation security programs as follows:

  • $126 million for Surface Transportation Security, $2 million or 1.7 percent below the President’s request.
  • $928 million for Transportation Security Support, $41 million or 4.2 percent below the President’s request.
  • $879 million for Federal Air Marshals, $50 million or 5 percent below the President’s request.

 

Coast Guard Expenses: The bill would provide $10 billion for the U.S. Coast Guard, an increase of $211.7 million above the President’s request and $63 million below last year’s level. According to the Appropriations Committee, the bill sustains military pay and allowances, and reverses cuts in the President’s request that would have curtailed important Coast Guard operations. In addition, the bill provides funding for other Coast Guard programs as follows:

 

  • $12 million for Coast Guard Environmental Compliance and Restoration, $1 million or 7 percent below the President’s request.
  • $115 million for Coast Guard Reserve Training, $17 million or 12 percent below the President’s request.
  • $938 million for Coast Guard vessel Acquisition, Construction, and Improvements, $58 million or 7 percent above the President’s request.

 

Secret Service: The bill would provide $1.6 billion for the U.S. Secret Service, an increase of $12 million above the President’s request and $53.8 million below last year’s level, reflecting normal reduction in operations following the Presidential election. The bill also continues funding for the National Center for Missing and Exploited Children, which the President proposed to zero out.

 

TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Federal Emergency Management Agency: The bill would provide $9.9 billion for the Federal Emergency Management Agency (FEMA), a decrease of $99 million or 1 percent below the President’s request. However, total discretionary appropriations in the bill total only $4.4 trillion as $5.5 trillion in FEMA funding was provided in the Disaster Relief Appropriations Act of 2012 (P.L. 112-77). According to the Appropriations Committee, the bill fully funds FEMA’s stated requirement for disaster relief. The legislation also recommends $2.8 billion—an increase of over $400 million compared to fiscal year 2012 —for FEMA First Responder Grants, including $1.8 billion for State and Local Grants. The committee continues reforms to consolidate grant programs into a streamlined fund allocated based conditions such as risk to communities. The bill provides $670 million, the amount requested, for Assistance to Firefighter Grants and $350 million for Emergency Management Performance Grants.

 

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

U.S. Citizenship and Immigration Services: The bill would provide $112 million for U.S. Citizenship and Immigration Services, which is $31 million or 21 percent below the President’s request.

 

Federal Law Enforcement Training Center: The bill would provide $228 million for the Federal Law Enforcement Training Center, just below the President’s request. The bill would also provide $27 million for Federal Law Enforcement Training Center construction, which is $2 million or 7 percent below the President’s request.

 

DHS Science and Development: The bill would provide $826 million for DHS research, development, and acquisitions, which is $5 million below the President’s request.

 

Nuclear Detection: The bill would provide $316 million for the Domestic Nuclear Detection Office, which is $11 million below the President’s request.

 

Total Budget Authority 
(In Thousands)

 

Program

FY 2012 Enacted

President's Request

H.R. 2017

Change From FY 2012

Change From Request

% Change from 2012

% Change From Request

 

Title I - Management and Operations

 

Office of the Secretary

133,159

134,150

121,850

-11,309

-12,300

-8.5%

-9.2%

 

Undersecretary for Management

235,587

221,771

213,128

-22,459

-8,643

-9.5%

-3.9%

 

Chief Financial Officer

50,860

55,414

49,743

-1,117

-5,671

-2.2%

-10.2%

 

Chief Information Officer

257,300

312,643

241,543

-15,757

-71,100

-6.1%

-22.7%

 

Analysis and Operations

338,068

321,982

317,400

-20,668

-4,582

-6.1%

-1.4%

 

Inspector General

141,000

143,664

133,264

-7,736

-10,400

-5.5%

-7.2%

 

Total for Title I - DHS Management and Operations

1,131,974

1,278,624

1,052,928

-79,046

-225,696

-7.0%

-17.7%

 

Title II - Security, Enforcement, and Investigations

 

U.S. Customs and Border Protection

 

US Customs and Border Protection Headquarters, Management, and Administration

1,868,852

1,881,931

1,431,272

-437,580

-450,659

-23.4%

-23.9%

 

Border Security Inspections and Trace Facilitation

2,903,761

2,960,358

3,044,490

140,729

84,132

4.8%

2.8%

 

Border Security and Control Between Ports of Entry

3,619,604

3,625,950

3,605,732

-13,872

-20,218

-0.4%

-0.6%

 

Air and Marine Operations

287,901

280,819

284,530

-3,371

3,711

-1.2%

1.3%

 

Automotion Modernization

334,275

327,526

700,242

365,967

372,716

109.5%

113.8%

 

Border Fencing, Infrastructure, and Technology

400,000

327,099

327,099

-72,901

0

-18.2%

0.0%

 

Air and Marine Interdiction, Operation, Procurement

503,966

435,769

518,469

14,503

82,700

2.9%

19.0%

 

Customs Facilities Management

236,596

243,666

252,567

15,971

8,901

6.8%

3.7%

 

U.S. Immigration and Customs Enforcement

 

ICE Salaries and Expenses

5,528,874

5,296,692

5,236,331

-292,543

-60,361

-5.3%

-1.1%

 

ICE Automation modernization

21,710

30,500

232,006

210,296

201,506

968.7%

660.7%

 

ICE Construction

0

5,000

5,450

5,450

450

N/A

9.0%

 

Transportation Security Administration

 

TSA Aviation Security

3,223,956

2,913,639

2,971,230

-252,726

57,591

-7.8%

2.0%

 

Surface Transportation Security

134,748

124,276

126,418

-8,330

2,142

-6.2%

1.7%

 

Transportation Security Support

1,031,926

969,709

928,663

-103,263

-41,046

-10.0%

-4.2%

 

Federal Air Marshals

966,115

929,610

879,600

-86,515

-50,010

-9.0%

-5.4%

 

Coast Guard

 

Coast Guard Operating Expenses (nondefense)

6,453,054

6,452,178

6,419,627

-33,427

-32,551

-0.5%

-0.5%

Coast Guard Environmental Compliance and Restoration

13,500

13,162

12,151

-1,349

-1,011

-10.0%

-7.7%

Coast Guard Reserve Training

134,278

132,554

115,528

-18,750

-17,026

-14.0%

-12.8%

Automation Modernization

0

0

50,000

50,000

50,000

N/A

N/A

Coast Guard Vessel Acquisition, Construction, and Improvements

642,000

879,500

938,000

296,000

58,500

46.1%

6.7%

Coast Guard Aircraft

289,900

74,500

204,500

-85,400

130,000

-29.5%

174.5%

Other Coast Guard Acquisition

161,140

76,500

59,000

-102,140

-17,500

-63.4%

-22.9%

Coast Guard Shore Facilities

180,692

69,411

109,911

-70,781

40,500

-39.2%

58.3%

Personnel Support

110,192

117,398

117,182

6,990

-216

6.3%

-0.2%

US Secret Service Salaries and Expenses

1,661,237

1,544,113

1,556,055

-105,182

11,942

-6.3%

0.8%

 

Secret Service Acquisition and Construction

5,380

56,750

56,750

51,370

0

954.8%

0.0%

 

Total for Title II - Security, Enforcement, and Investigations

33,225,418

32,182,492

32,360,917

-864,501

178,425

-2.6%

0.6%

 

Title III - Protect, Preparedness, Response and Recovery

 

National Protection and Programs Directorate

1,245,740

1,216,954

1,347,131

101,391

130,177

8.1%

10.7%

 

Office of Health Affairs (OHA)

167,449

166,458

132,003

-35,446

-34,455

-21.2%

-20.7%

 

Federal Emergency Management Agency

10,666,680

10,008,716

9,909,621

-757,059

-99,095

-7.1%

-1.0%

 

Protect, Preparedness, Response and Recovery Total

12,079,869

11,392,128

11,388,755

-691,114

-3,373

-5.7%

0.0%

 

TITLE IV - Research and Development, Training and Services

 

US Citizenship and Immigration Services

102,424

142,974

111,924

9,500

-31,050

9.3%

-21.7%

 

Federal Law Enforcement Training Center

238,957

228,939

228,467

-10,490

-472

-4.4%

-0.2%

 

Federal Law Enforcement Training Center Construction

32,456

29,385

27,385

-5,071

-2,000

-15.6%

-6.8%

 

DHS Science and Technology Administration

668,000

831,472

825,971

157,971

-5,501

23.6%

-0.7%

 

Domestic Nuclear Detection Office Management

290,000

327,977

316,285

26,285

-11,692

9.1%

-3.6%

 

Total for Title IV - Research and Development, Training and Services Total

1,331,837

1,560,747

1,510,032

178,195

-50,715

13.4%

-3.2%

 

Total Discretionary Budget Authority

39,600,228

39,509,991

39,116,473

-483,755

-393,518

-1.2%

-1.0%

 

           

 

Cost

H.R. 5855 would provide $39.11 billion in discretionary budget authority for programs funded through the Department of Homeland Security (DHS) for Fiscal Year 2013.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 96 Stat. 1920
  • 114 Stat. 583
  • 115 Stat. 597
  • 120 Stat. 1384
  • 120 Stat. 1394
  • 121 Stat. 2073

Other Citations

  • 10 U.S.C. Chapter 137
  • 10 U.S.C. Chapter 55
  • 40 U.S.C. Chapter 33
  • 41 U.S.C. Chapter 83
  • 41 U.S.C. Chapter 85