H.R. 240 – Department of Homeland Security Appropriations Act, 2015

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Noteworthy

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Considerations on the Bill

In recent years, the Obama administration has, in effect, revised U.S. immigration law by taking various executive actions – often through the issuance of executive memoranda – to direct government agencies to selectively enforce immigration laws. Because these executive actions have the force of law, they effectively ignore congressionally ratified statutes. For example, in June 2011, the director of U.S. Immigration and Customs Enforcement directed ICE personnel to exercise “prosecutorial discretion” when enforcing immigration laws. This directive was followed with various memoranda, including a June 2012 memorandum from the secretary of homeland security allowing for deferred enforcement of immigration laws against some illegal immigrants who came to the United States as children. These memoranda are often referred to as the “Morton Memos” and the “DACA Memo,” respectively. As a result of these changes in immigration policy, certain classes of unlawful immigrants are no longer removed from the country.

In November 2014, President Obama again revised immigration law when he announced executive actions to expand the DACA-eligible population of illegal immigrants and allow work authorization for immigrants with newly permitted residency status. President Obama took these actions after repeatedly saying he had no authority to do so.

Notable Bill Provisions

Customs and Border Protection

Provides $10.7 billion for CBP, an increase of nearly $119 million from the fiscal year 2014 funding level. The bill mandates CBP to maintain a minimum of 23,775 CBP officers, who work at ports of entry; and 21,370 Border Patrol agents, who patrol the Mexican and Canadian border.

Immigration and Customs Enforcement

Provides $6 billion for ICE, a $690 million increase from fiscal year 2014. Of this, $3.4 billion is for detention programs to maintain a minimum of 34,000 detention beds and to increase family detention beds from 96 to 3,828.

U.S. Citizenship and Immigration Services

CIS is funded largely through fees collected under 8 USC 1356. The bill provides $124.4 million for the E-Verify program, fully funding it at a level $10.5 million above the fiscal year 2014 enacted level. Due to outlay authority in 8 USC 1356, in the case of a government shutdown, all CIS operations would continue with the exception of E-Verify.

Transportation Security Administration

Provides $4.8 billion for TSA, which is $94 million less than fiscal year 2014. The bill prohibits funds from being used to maintain more than 45,000 screener positions. The bill rescinds unobligated balances totaling $202 million.

U.S. Coast Guard

Provides $9.8 billion in regular discretionary appropriations, a decrease of $145 million from fiscal year 2014. In addition to this amount, $213 million is provided for OCO.

U.S. Secret Service

Provides $1.7 billion for the Secret Service, which is an increase of $80.5 million from fiscal year 2014. This includes $25 million to address issues raised by the White House security breach of September 19, 2014.

Federal Emergency Management Agency

Provides $10.8 billion for FEMA, the majority of which is disaster relief funding. Disaster relief totals $7 billion -- $596 million in base disaster relief, and $6.4 billion classified as “disaster relief” under the Budget Control Act, and thus exempt from discretionary budget caps. Other than disaster relief funding, FEMA’s funding is level with fiscal year 2014, including: $1.5 billion for grants to state and local first responders; $680 million for Firefighter Assistance Grants; and $350 million for Emergency Management Performance Grants. 

National Protection and Programs Directorate

The bill contains $1.5 billion in discretionary appropriations for the NPPD, which is an increase of $31.8 million from fiscal year 2014. Of the total, $753 million is for cybersecurity programs.

Science and Technology

The bill provides $1.1 billion, which is $116 million less than fiscal year 2014. Of this amount, $300 million is for construction of the National Bio- and Agro-defense Facility, which can commence as soon as appropriations are provided.

Section 526 - Importation of prescription drugs from Canada

This section is a continuation of the prohibition of funds for CBP from being used to prevent people from importing prescription drugs from Canada, provided that the drugs comply with FDA standards and do not exceed a 90-day supply.

Section 529 - Funding prohibition for national ID card

This section is a continuation of the prohibition of funds from being used for a national identification card.

Section 540 - DHS headquarters

This section provides $48.6 million for DHS headquarters consolidation activities.

Section 549 - “Operation Fast and Furious” prohibitions

This section is a continuation of the prohibition of funds from being used for any federal law enforcement officer to transfer an operable firearm to anyone known or suspected of being “an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times.”

Section 579 - Defunding deferred action memoranda

This section restricts the use of funds to carry out the president’s memoranda on deferred action dating as far back as 2011. It prevents any funds from being used for the November 2014 executive actions, the “Morton Memos,” and other similar executive memoranda. This section states that no funds may be used to carry out policies similar to those in the identified memoranda. This section states that the policies set forth in the various identified memoranda have no statutory or constitutional basis and therefore no legal effect. It also excludes the budgetary effects of this section from being included in either statutory pay-go scorecard.

Section 580 - DACA application

This section prevents the executive from using funds to consider new, renewal, or previously denied deferral applications under the DACA memorandum. It also excludes the budgetary effects of this section from being included in either statutory pay-go scorecard.

Section 581 - Expansion of DHS enforcement priorities

This section requires DHS to treat illegal immigrants convicted of domestic violence, sexual abuse, child molestation, or child exploitation as being categorized within the department’s highest civil immigration enforcement priorities. It also excludes the budgetary effects of this section from being included in either statutory pay-go scorecard.

Section 582 - Preventing hiring preferences for DACA beneficiaries

This section finds that under Obamacare many people and businesses have to pay for health insurance or pay a penalty. It also finds that people benefiting from the DACA program who receive work authorization are exempt from the Obamacare requirements imposed on U.S. citizens and lawfully employed immigrants. It finds that employers who hire DACA beneficiaries are not required to provide insurance, or in some cases pay a penalty. As such, this section expresses a sense of the Congress that such hiring disparities have the effect of discouraging the hiring of U.S. citizens. The section expresses the sense of Congress that the executive should refrain from policies that result in such disparities.

Section 583 - Prioritizing law-abiding immigrants

This section expresses the sense of Congress that the Obama administration should refrain from putting the interest of illegal immigrants ahead of those immigrants who have obeyed the law in coming to the United States. This section expresses the sense of Congress that the adjudication of immigration applications for illegal immigrants takes time and resources, which results in a backlog for the application process for other immigrants.

Administration Position

The administration said that it “supports” the base appropriations bill, but that the president would likely veto the bill if the amendments defunding his immigration actions are included.

Cost

H.R. 240 would fund DHS at $39.66 billion for fiscal year 2015 in regular discretionary appropriations, which is an increase of $400 million compared to fiscal year 2014. In addition to this amount, the bill includes $213 million in Overseas Contingency Operations and $6.4 billion in disaster relief funding for FEMA. An additional $596 billion in disaster relief is included under the $39.66 billion in regular funding. These amounts are consistent with the Budget Control Act caps. The bill contains $175 million in Changes in Mandatory Programs for fiscal year 2015.

CBO reports that sections 579 and 580 of the House bill would increase deficits by $7.48 billion over the 11-year period 2015-2025. This is due to $23.3 billion less revenue, with $17.1 billion of this coming from lower Social Security payroll tax revenue. Direct spending would decrease by $14.87 billion, with $10.25 billion of that coming from fewer outlays of the earned income and child tax credits. CBO estimates that sections 581-583 “would have no significant budgetary effects.”

Amendments

The amendment situation is unclear at this time.